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12-02-2004 Regular Meeting1 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator ..Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree,. P.E., Assistant County Administrator/Dewelopment .Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 4:OO:p.m. // Supervisor Bradshaw delivered the invocation. // The Pledge of Allegiance. was conducted. // .Chairman Clark called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Under County Attorney's Report, ..add a matter pertaining to a legal analysis of the No-Through signs on Yellow Rock Road. Under Closed Meeting, add two (2) items pertaining to .Section 2.2-3711.A.1 for .the .purposes of discussion or consideration of interviews and matters relating to assignment, appointment, promotion and performance of specific Board appointees. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Rn~K 2~ ...7~~ MacManus, Bradby, Bradshaw, Clark and: Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations. Barbara Olin reported on the success of the Olde Towne Market held in the Town of Smithfield. She noted the. farmer's market has been a venue for growers and producers in the County to sell their goods directly to the public, which- grossed over $54,000 through the. October, .2004 market. She noted much activity has been. brought to the Town of Smithfield, with an average of 600 shoppers in downtown Smithfield on Saturdays that the market is held. She noted the Isle of Wight Museum, Smithfield Historical Business Association, and the Isle of Wight Cultural. Center use the market to promote their .organizations. She noted tourism has increased, and it is a great gathering place for families, friends and neighbors. She noted the Market has promoted economic development' as two (2) of the vendors are currently looking for retail space at this time. With respect to income, there were 20 vendors that paid a fee of $50, and vendors were charged 4% of their gross sales, with a contribution from the .Town of Smithfield and -the County of $5,000 each. Constance Rhodes, President, Chamber of Commerce, stated that in January, 2005, the Farmers Market- Board would like to create a web page, brochures, and investigate opening a farmers market in the. Windsor area. She stated in an effort to assist the Chamber with reducing the costs incurred with a project of this size,.. she is requesting that the County contribute $5,000 that will last through June 30, 2005, and that County staff acquire corporate sponsorships in order to lessen the contribution by the County and the Town of Smithfield. for the 2005-06 fiscal year. ..Supervisor. MacManus moved the Board add the request from the President. of the Chamber of Commerce for an allocation of $5,000 that will last through June 30, 2005, and that County staff be requested to seek corporate sponsorships for the Chamber of Commerce in order to lessen the contribution by the Town of Smithfield and the County for the 2005-06 fiscal year later under New "Business. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark-and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark .indicated the Consent Agenda included the. following items: A. .PEG Channel Broadcast Presentation from PrimeMedia 2 r, II 1 . f . aan~ ~~ ;::~.-723 B. Resolution to Accept and Appropriate $15,000 from the Virginia Department of Health for the Fluoridation Grant Program C. Resolution to Accept and Appropriate. $25,000. for the Booker T. Estates Neighborhood Planning Grant D. Isle of Wight County Administration Building and Carrollton Volunteer Fire Department - Construction and Renovation Progress Report' E. DEQ/Public Notice dated November 15, 2004 ' F. November 4, 2004 Regular Meeting Minutes Chairman Clark asked if there were any :items for removal. Supervisor Wright moved the Board adopt the Consent Agenda.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,... Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Regional Reports. Chairman Clark reported that the Hampton Roads Partnership recently requested the Executive Council of the Hampton Roads Economic Development Alliance to sign on to a proposal to make new .revenue streams for transportation funding a top priority in the upcoming General Assembly. He presented a letter prepared by staff at his direction to the. Alliance noting the .County's dissatisfaction with the Alliance's unwillingness. to sign' on to the proposal. Supervisor MacManus recommended that all Mayors and Chairs of the member localities be copied on the December 2, 2004 letter from the Chairman addressed to the Hampton Roads Economic Development Alliance noting .the displeasure of the Board over the recent. HREDA Executive ' Committee decision to remain silent regarding. the looming transportation crisis faced by all Hampton Roads communities and the Commonwealth of Virginia. Chairman Clark reported that transportation issues, partnering and tills were the major topics. of discussion at the last Hampton Roads Planning District Commission. Donald T. Robertson, Assistant County Administrator/Operations, reported that State budgetary challenges were the primary topic of discussion at the recent State of Core Services luncheon meeting. 3 ..... eo~K 2? ~ 724 ~~ Chairman Clark- called .for Transportation Matters. Sandon Rogers, Transportation Planner, referred to the report contained in the agenda on the progress of the Richmond/Hampton Roads Passenger Rail Study. He noted the report is merely for the Board's information, and he .would continue to update the Board, as appropriate. Teresa Johnson reported that the. four(4) inch drop-offs on Sugar Hill Road, as well as the muddy shoulders, and the three (3) foot asphalt drop-off have been repaired, and the. road has been striped, She requested that the Board ensure that the roadway is correctly built before it i accepted into the State's system. // Chairman Clark called for Citizen's Comments. Julie Carneal of 17214 Days Point Road expressed opposition to the proposed location of an Elk's Lodge -on Blount's Corner .Road. .She specifically cited concerns with traffic, the roadway's narrowness, the lack of . aturn-around lane, a decrease in property values of the surrounding homes, and associated noise. Wayne Melchorof Bridge Point Trail in Suffolk stated his interest is in protecting property that he currently owns in the County at Smithfield on the ..James. He .noted that the .majority of Blount's Corner Road is zoned residential, and the concept of an Elks Lodge .mixed in with residences would set a precedent for. such uses in the future. Jacqueline Bright of 17237 Days Point Road noted the location of an Elks Lodge at this location is not compatible with the surrounding area. She cited concerns with traffic, hours of operation, the use of alcohol on the premises, and speeding along Blount's Corner. Road and Route 10. Mark Hall of Bartons Landing in Morgarts Beach noted concerns with traffic and stated that the location of the proposed Elks Lodge is not ...appropriate. with the surrounding residential neighborhood. Alice Day of 9318 Thomas Park stated the older residents in Thomas Park are afraid of what the location of a lodge would bring into their community. She requested the Board keep in mind that the residents of Thomas Park are experiencing problems with sewage, and they do not want to see anything get in the way of sewage lines being laid in that area. 4 i -. 1 ROCK 22 ;,.,.~'~~ Lynn. Faulkner of 18410 Days Point Road expressed concern with traffic, poor shoulders. and parking. She noted that a petition consisting of 150+ names of residents in the communitywho are in opposition to the Elks ..Lodge- application was delivered to staff this morning. Nlr. Robin Ridicker, Western Tidewater .Community Services .Board Coordinator for Mental Health Support. Housing, requested :that the Board approve the application of Manara Anne Barrett .Patterson to assist the mentally ill with transitional housing. ~ ' // . Chairman Clark called for the County Attorney's report. County Attorney Stroman advised the Board that with respect to the Patterson Conditional Use Permit application, the Zoning Administrator and he have concluded that no additional. persons could occupy the Patterson property in the event the conditional use permit is not granted. He noted that he has attached. a detailed privileged and confidential memorandum supporting his conclusion. Supervisor Bradshaw noted that the number of individuals that could live in the home was not stated in the County Attorney's report. County .Attorney Stroman advised that -there are currently two (2) Western Tidewater Community Services residents living in the home, and n® more than the current number could occupy the residence. He stated with ..regard to the question raised at a previous meeting regarding if the Board did not grant the Conditional Use Permit, could the home be occupied by three (3) or more persons, the answer is "no." Supervisor Bradshaw inquired if the answer is still "no" regardless of whether the individuals were from Western Tidewater or if his answer pertained. to two (2) individuals per any. home that is rented. County Attorney Stroman advised two (2) persons who are non-family 1' 1 ivmg m the same residence. Supervisor Bradshaw noted that there are seniors living alone in homes that rent out rooms to individuals. County Attorney Stroman advised in that. situation, the senior: could rent to up to two (2) individuals without having to have.. a permit, but if they rent out to more than two (2) individuals, they are in violation with the County's Ordinance at this time. Supervisor MacManus inquired, if screening has to be done for the two (2) individuals renting: rooms. 5 .t 80~r ~~ .~.-'7~6' County Attorney Stroman advised that the individualscould be of any character as the County's ordinance is currently drafted. County Attorney Stroman advised that the Tax Relief .for the Elderly and Handicapped Ordinance currently. provides that the applications must be fled not later than May 1 sc of the taxable year. He recommended a proposed , amendment to reflect a date of October 15`", and requested the Board .authorize a public hearing at its.. December 16, 2004 meeting. Supervisor. Bradshaw moved that the Board authorize the County Attorney to advertise for. public hearing an amendment to the Tax Relief for the Elderly and Handicapped Ordinance to reflect that applications for tax relief must be filed- not later than October 15`" of the taxable year with the Commissioner of the Revenue. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman referred to a memorandum he provided to the Board prior to .the meeting with respect to Yellow. Rock Road, and which contains his legal opinion that the County may post "No Through Truck" .signs on Yellow Rock Road in light of the fact that it would be incidental to .the Board's authority to regulate health and safety, even though Yellow Rock . Road is a private road owned by the County. He stated the Board may wish. to adopt an ordinance imposing a penalty for violation of that rule, and empowering the Sheriff's Office to enforce the ordinance. Supervisor MacManus moved the Board consider the matter under Old Business. The motion was adopted unanimously (5-0). /1 At 5:00 p.m., Supervisor Bradshaw moved the Baird recess for thirty minutes to attend the Annual Wreath Hanging Ceremony. The motion was adopted unanimously (5-0). // Chairman Clark called for the Community Development Report. Jonathan W. Hartley, Director: of Planning and Zoning, made reference to the errata sheet contained in the agenda illustrating the- recommendations of the Planning Commission with respect to the 2004 Revised Zoning Ordinance, He noted that he distributed to the Board prior to the meeting a set of revised maps which include the changes in the agenda. He further noted that the matter has been advertised for a public hearing at the Board's December 16, 2004. meeting. He advised that .the Planning Commission did ~~~~ _~,~ I~ D ~o~~ 22 ;~ :- t 27 strike Item 7.H from the .errata sheet .with respect to the 100,000 square foot footprint provision.. Supervisor MacManus provided comments of East/West Partnership that were distributed at the Chamber of Commerce meeting earlier today. Mr. Hartley advised that staff has already responded to those comments, . Beverly H. Walkup, Assistant Director of Planning and Zoning, stated responsive to notification that the County has been awarded three (3) Hazard Mitigation grants, included in the agenda are: the addresses for the 11 affected properties, 10 of which .are from Hurricane .Isabel, and the other .from Hurricane Floyd. She recommended that the Board authorize the County ~~ Administrator to execute the agreement and that the Board adopt the ~' Resolution contained in the. agenda. Supervisor MacManus inquired if the property will be left in a cleared ' condition. Ms. Walkup .advised that the property would be left in a cleared state. She noted that. staff is required to .develop plans for use of -the open space, and they intend to involve public input. Supervisor MacManus requested .maps of the locations, and Ms. Walkup offered to provide them, Supervisor Bradshaw moved the Board adapt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT AND APPROPRIATE FUNDS FROM THE' UNAPPROPRIATED FUND BALANCE FOR THE HAZARD MITIGATION BURWELLS BAY/JAMES RIVER AREA PROJECT WHEREAS, the Board of Supervisors of the County of Isle. of Wight, Virginia has received grant funds from. the Virginia Department of Emergency Management for the Hazard Mitigation Burwells Bay/James River Project area; and, WHEREAS, funds in the amount of seven hundred sixty one thousand one hundred .forty four :.dollars ($761,144) or so much as shall be received from Virginia Department of Emergency Management need to be accepted and appropriated to .the appropriate line item in the FY 2004-OS Operating Budget of the County of Is1P of Wight, Virginia. WHEREAS:, funds in the amount of forty thousand seventy-five dollars ($40,075) need to be appropriated from. the Unappropriated Fund.Balance. to 7 _._.. ,..~ . ,~.. <.. ~Q~ ~.vw~ eo~K 2~ : ~ -`~2~ serve as County match funds for the Hazard Mitigation Burwells ,Bay/James River Area Project. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seven hundred sixty one thousand one hundred forty-four dollars ($761,144) or so much as shall be received from the Department of Emergency Management and forty thousand seventy-five dollars ($40,075) from the Unappropriated Fund Balance shall be appropriated to -the appropriate line item in the FY 2004-OS Operating Budget of the County of Isle of Wight. 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 ail things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. .Supervisor Bradshaw further moved that the Board authorize the County Administrator to sign the grantee-subgrantee agreements allowing for the County to begin. working towards the acquisition of approved properties. . The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rogers requested the Board's consideration of the subdivision plat of Eagle Harbor, Parcel 10, property of Eagle Harbor LLC, .Carrollton Boulevard (Route 17), Newport Magisterial District, contained in the agenda. Supervisor MacManus moved the Board approve the subdivision plat of Eagle Harbor, Parcel 10, property of Eagle .Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial District. The motion was ..adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion,. and no Supervisors voting against the motion. Mr. Rogers requested the Board's consideration of the final subdivision plat of Eagle Harbor, :.Tract 2, Phase SB, property of Eagle Harbor. LLC, Carrollton Boulevard (Route 17), Newport Magisterial District, contained in agenda. Supervisor MacManus moved the Board approve the final .subdivision plat of Eagle Harbor, Tract_2, Phase SB, property of Eagle Harbor LLC, Carrollton Boulevard (Route l7), Newport Magisterial District. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, 8 ~~~;.. 1 Bradshaw, ,Clark and Wright voting in favor of the motion, and no - Supervisors voting against the motion. Mr. Rogers requested the Board's consideration of the subdivision plat of Eagle Harbor, Tract 2, Phase 6, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial District, contained in the agenda. Supervisor MacManus moved .the. Board .approve the subdivision plat of Eagle Harbor, Tract 2, Phase 6, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial. District. The motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,: Clark ar~d Wright voting in favor of the .motion, and no Supervisors voting against the motion. Mr. Rogers. requested the Board's consideration of the preliminary'. subdivision plat of Eagle Harbor, Tract 2, Phase 7, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial District, contained in the agenda. Supervisor MacManus moved the Board approve the preliminary subdivision plat of Eagle Harbor, Tract 2, Phase 7, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport. Magisterial District. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and.. no Supervisors voting against the motion. // Chairman Clark called for the Parks and :Recreation report. Alan S. Nogiec, Director of Parks and Recreation, noted he had nothing for discussion by the Board at this time. // Chairman Clark called for the Public Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator/Development, noted he had. nothing for discussion by .the Board. // Chairman Clark called for the Public Works report. County Administrator Caskey noted there was nothing fora discussion by the Board..:. 9 ,_ ....~~ _.~. .,..... a , ~ ..,~ . ..,e 9QOK ~~ ..,~"7,.)U // Chairman Clark called far the Economic Development report. County Administrator Casket'. noted there was nothing.. for discussion by the Board. ~~ Chairman CIark called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented a Resolution for the Adoption of the National Incident Management System that has been reviewed by the County .Attorney and is for the Board's consideration. Supervisor MaclVlanus moved .the $oard adopt: the following Resolution: RESOLUTION FOR THE ADOPTION OF THE NATIONAL INCIDENT MANAGE3~FNT S YSTEM WHEREAS, the President, in .Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and. local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and, WHEREAS, the collective input and guidance from all Federal, State, and local homeland security partners has been, and- will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and, WHEREAS, it is necessary and desirable that all Federal, State, and local emergency .agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and, WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and, 10 ,M . w~,_.... ,~ ._..,. 4 .. .~~.:. 1 1 II • 800K 22 •"~~~ WHEREAS,. the NIMS .standardized procedures for managing personnel, ..communications, facilities and resources will improve the city's/county's ability- to utilize federal funding to enhance local agency readiness; maintain first responder .safety, and streamline.. incident management processes; and, WHEREAS, the Incident Command System components of NIMS are already an integral .part of various city/county incident management activities, including current emergency management training programs; and, WHEREAS, .the National .Commission on Terrorist Attacks {9-11 Commission) recommended adoption of a standardized Incident Command System. NOW, IT IS HEREBY RESOLVED by the Board of Supervisors. of the County of Isle of Wight, Virginia, that the National Incident Management System (NIMS} is established as the County standard for incident management. The motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for the County Administrator's report. County Administrator Caskey presented a request from he Surry County Board of Supervisors that the Board-adopt a resolution to request. that. the state construct a ferry' to add to the Jamestown-Scotland Ferry. He noted this request is in conjunction with the 200? Jamestown celebration which is anticipated to create to travel delays at that point in the river. Supervisor Bradby moved that the Board adopt the. following Resolution: RESOLUTION TO REQUEST THAT THE STATE. CONSTRUCT A FERRY TO ADD TO THE JAMESTOWN-SCOTLAND FERRY WHEREAS, the Jamestown-Scotland Ferry is an important and vital part of the. transportation network and the economy of Hampton. Roads, with vehicle usage currently averaging nearly 3,000 per day; and, WHEREAS, the current number of ferries is insufficient to ,handle the. existing number of vehicles, resulting in long lines and frustrating delays for persons waiting to ride the ferry; and, 11 WHEREAS, this situation will only become more aggravated with the 400th anniversary of Jamestown 2007 and with the general population growth in the area; and, WHEREAS, the addition of a new ferry would alleviate the current problem and would also allow visitors to the area for the Jamestown 2007 Commemoration to have a quality experience visiting historic areas and sites on both sides of the James River; and, WHEREAS, in order for a new ferry to be built and ready for use in time for the Jamestown 2007 Commemoration, it is necessary that a decision to build a new ferry and fund the cost of construction be made immediately. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia.. requests .the Commonwealth of Virginia to build and: finance a new ferry for the Jamestown-Scotland. Ferry and that such ferry be placed .into service in time for the Jamestown 2007 Commemoration. The motion was adopted by a vote of (5=0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey stated for the Board's consideration is an application for .Historic Preservation Grant funds for the. Josiah Parker Cemetery project. He reminded the Board that staff was not successful in securing grants the previous year, and staff. is requesting the Board's authorization to reapply for funding to be possibly .applied towards the acquisition of the affected,property should it become available. Chairman Clark moved the Board authorize the Chairman to sign the application for Historic Preservation funds. The motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a request from the Public Defender's office for office space within the Courthouse complex.. He noted that the Public Defender's cffice is currently located in`Franklin and serves both Franklin and the County. He noted that considerationwill be given to the Public. Defender's Office and other outside organizations that request office space on the Courthouse complex based on the County's internal demands, as well as those of the Sheriff's Office. Lyle D. Hornbaker, Information Services Coordinator, provided an overview of the Executive Summary pertaining to the Strategic Plan Section 7.D.5 - Produce a Work Process Audit and TT Needs Analysis.: 12 Supervisor MacManus inquired if Mr. Hornbaker intends to advise the Board relative to cost and scheduling issues, and Mr. Hornbaker replied that those issues would be accomplished in the Strategic Plan. Donald T. Robertson, Assistant County Administrator/Operations, briefed the Board on the upcoming recommended holiday .schedule for County employees. He noted that currently the County's policy provides_that County employees will observe certain. holidays which are provided to the employees annually. He noted that in addition,. the County's policy .advises that the County will observe any additional days provided by the Governor or the Board of Supervisors. He noted .for the upcoming Christmas holiday, the Governor has provided that state .employees observe one-half day on Thursday, December 23`d and all day on Friday, December 24`h. He stated by County policy, County employees would have been off on those days and the following Monday. He recommended that rather than offices be closed from one-half day on Thursday and all day on Monday, that. County offices close on Friday and Monday. II Supervisor Bradshaw moved that the Board approve the holiday schedule presented by staff for Christmas and New Year's Day that offices will be closed on Friday, December 24`n and Monday, December 27`" for the Christmas Break, and c Deed on Friday, December 315Y for New Year's Day. The motion was adopted by a vote of (j-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw requested that Mr. Robertson advise the Constitutional Officers of the holiday schedule approved by the Board. // Chairman Clark called for Old Business. With respect to the ongoing archeological project at Boykin's Tavern, County Administrator Casket' reminded the Board that Albert Burckard had previously addressed it concerning the Isle of Wight County Museum .Foundation's willingness to contribute $1,00 to engage the services of a public archeologist for public education benefits. Mr. Nogiec advised that staff would be meeting again on December 8, .2004 to further discuss the continuation of the -archeological effort at Boykin's Tavern, and a recommendation would be forthcoming. Chairman... Clark called for consideration of the following: The application of the Trustees of Smithfield Elk Lodge No. 65 for a Conditional Use Permit to permit -the use of the property as an Elk Lodge fore a meeting place to hold Elk's functions and. community 13 activities on four (4) acres of land zoned Rural .'Agricultural Conservation (RAC) located on the west side of Blount's Corner Road (Route. 674) .east of Old Stage Highway (Route 10) in the Hardy Election District. Mr. Hartley noted that the matter was tabled by the Board at its October 21, 2004 meeting in order to allow sufficient time to develop suggested conditions based upon the public's .and: Board's discussion. He noted contained in the agenda are 11 conditions to .address these concerns, .as follows: _A permit would only be for the Elk's Lodge and any change in ownership or operation .would void the permit; a limit of 300 people on the number of people for any normal operations or special events. He requested that the record reflect that the materials presented to the Board prior to their consideration include a letter from Richard C. Gromlich dated November 28, 2004 and a petition in opposition to the Elk's lodge. Following a concern by .Supervisor Bradshaw on the condition pertaining to the number of people. for .any normal operations or special events, .County Attorney Stroman recommended a :condition be -added "or such lesser number as may be approved by the Fire Marshal." Supervisor MacManus inquired if Mr. Hartley is allowing a maximum of 150 cars for-any one (1) event. Supervisor Bradshaw noted that Mr. Hartley is stating, through condition (6), .that in addition to the parking required for .regular. use in accordance with the Zoning Ordinance, additional off-street parking shall be provided at a ratio. Supervisor MacManus stated. that parking. is permitted in accordance with the Zoning Ordinance. He noted in order to address safety issues, he would recommend that the condition be for a maximum ~of 1 SO cars, and that there be no on street parking or parking on a government. right-ofway. Chairman .Clark requested that there be wide entrance, and that the distance between the roadway.. and where the parking spaces begin should be substantial so that traffic is not backing up on Blount's Corner Road during heavily attended functions at the Lodge. Chairman Clark inquired about the possibility of an access lane from the north and an access.. lane out of the parking lot onto Blount's Corner Road. Mr. Hartley advised. that aright-in lane from the north would work. He advised that VDOT does not approve acceleration lanes. Supervisor MaeManus requested that with respect to hours of operation, he would prefer 11:00 p.m., Sunday through Thursday,.and 12:00 14 1 i~ 9g~~r. 7~ -7`~~i midnight on Friday and Saturday. He agreed that no events should .begin before 2:00 p.m. on Sundays. Mr. Hartley clarified that condition #4 would state "all operations, including special events, shall comply with. the requirements of the Department of Alcohol Beverage Control, and no alcohol shall be served during. normal school hours at Hardy Elementary School." He further clarified condition #5, which states "security should be provided for special events if not specifically sponsored by the. Elk's Lodge. Supervisor MacManus requested that site lighting under condition #7 should be contained lighting so that the light shines only in the immediate vicinity. Supervisor MacManus requested that the language. in condition #8 "unless specifically waived by the adjoining property owner" be .removed, and that buffering should be accomplished on the school side. Chairman Clark requested that evergreens be planted, and that the trees be of substantial size in order to block sound and light. He stressed that the trees should be of a mature size. Supervisor MacManus requested that street landscaping be accomplished, and that he preferred. front-lit monument signs... He noted he would like for. VD4T to provide a recommendation on what the speed limit on Blount's Corner Road and Days Point Road should be. Supervisor MacManus moved the Board. direct staff to request VDOT to perform a speed study on Blount's Corner Road and Days Point Road to determine the appropriate speed .for these roadways. The motion. was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw stated that condition. # 10 is vague, and he interprets the condition as requiring the sound to be contained within the building, not that there .will be no outdoor events. He inquired how staff intends to enforce this condition. Mr. Hartley noted the Inspection Department would be reviewing the building plans with regard to design and what type of insulation is needed. He noted during construction of the building, he would be asking.. what is being done in the .building to meet these. criteria. He noted double doors could be installed so that when one (1) .door is open, the sound is .not let out every time a person. comes into or leaves the building, Supervisor Bradshaw recommended that the language be more specific because the Zoning Administrator and the Superintendent of Inspections can 15 eo~a 22 ;,,.~36 each interpret the language differently. He pointed .out that condition #4, "normal school hours" may not be sufficiently .addressed with respect to the hours of operations as Hardy Elementary School has many active parents. Mr. Hartley advised that the Elk's Lodge. would not be able to function as a lodge if school special events are also included to the "normal hours of operation" for Hardy Elementary School. { Supervisor Bradshaw pointed out that individuals could also arrive on motorcycles, but all that is mentioned are cars. Mr. Hartley noted that the language refers to "spaces" which includes -all types of vehicles. Supervisor MacManus moved that the Board table the application to allow staff to reword the conditions contained in the agenda as discussed tonight, and as follows: . With respect to Condition #2, include as an additional condition "or such lesser number as may be approved by the Fire Marshall." With respect to Conditions #2 and #6, add a provision. prohibiting on-street parking on VDOT rights-of-way, and Ghat there be a maximum of 150 vehicles.. Chairman Clark recommended aright-in turn lane from the north . With respect to Condition #3, limit the .hours of operation. to 11:00 p.m. Sunday through Thursday. and 12:00 p.m. on Friday and Saturday. With respect to Condition #7, lighting should be full cut-off lighting. With respect to Condition #8; delete language "unless specifically waived by the adjoining properly owner in writing." .Buffering should be specific on the types of landscaping, it should be of a mature nature, and should be included on the... school side. Street landscaping should also be addressed, With respectto Condition #9, prohibit the backlit type sign. With respect to Condition #10, change the language in the last sentence with respect to the .amplification of music and other entertainment outdoors shall be prohibited. 16 ~,._ ._~ , 1 1 With respect to Condition #4, change the hours of operation' to 8:00 a.m. to 5:00 p.m. rather than "normal school hours." The .motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against .the motion; and,. Chairman Clark .absent for the vote. Vice-Chairman Bradshaw called for ,consideration of the following application: The application of Manara Anne Barrett Patterson for a Conditional Use Permit to operate a private group home at 5434 Old Carrsville Road,. Carrsville, in the Carrsville Election District. Mr. Hartley stated the application. was tabled by the Board at its .October 21, 2004 meeting to allow the Board additional time to review . revised conditions sent out by staff dated October 20, 2004, and to receive ...legal advice from counsel. He noted that the revised conditions were prepared in an effort to address all the concerns expressed at the community meeting and public hearing. He advised hat with respect to the issue of how "family" is defined in the Subdivision Ordinance, .only two (2) residents would be allowed to live in the home. Supervisor MacManus pointed out that the applicant is allowed by law to rent the house to whomever she chooses, perhaps a dangerous person.. He stated that by approving the application, the Board. would be offered an opportunity to control what type of person would be' living in the home. He " stated this is a preferred. situation for. him. Supervisor Bradshaw noted that the citizens have voiced their concerns with the application, and the revised conditions do not address their concerns. He stated he does want to work. with. Western Tidewater representatives. Supervisor MacManus inquired if legally the homeowner. could rent the house to someone who, in turn, could sublet to two (2) other persons. County Attorney Stroman replied "yes." Chairman Clark noted that he could not support the application because of its close proximity to Carrsville Elementary School. Supervisor Bradshaw moved the Board deny the application of Manara Anne Barrett Patterson. The motion was. adopted by a vote of (4-1) :with Supervisors Bradby, Bradshaw, Clark and. Wright .voting in favor of he motion, and Supervisor MacManus voting against the motion.. 17 Supervisor Bradshaw further moved that the Board direct staff to meet. with the Western Tidewater Community Services Board to review the mental health needs of the community, and that staff come back with a recommended plan to .ensure that the. proper ordinances are in effect to address these types of facilities and group homes in the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the .motion, and no Supervisors voting against the motion. Supervisor MacManus noted that the County Attorney has opined that. the Board does have the. authority to install signage on Yellow Rock Road to cut down or eliminate the amount of truck traffic. County Attorney Stroman advised that the signage is only. enforceable by Sheriff's Office if the. Board's adopts an ordinance. .Chairman Clark moved that the Board direct the County Attorney to prepare an ordinance for consideration by the Board at its December 1.6,.2004. meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark requested that staff give thought to requiring evergreen trees be planted versus deciduous trees in buffer zones. Chairman Clark notified the Board that the State Water Control Board voted unanimously today to designate Ragged Island Creek. as an "exceptional waterway," and that the Board's support of the nomination was one (1) of the key factors for the designation. // Chairman Clark called for New Business. Supervisor Bradshaw moved the Board direct staff to meet with the Chamber of Commerce to review the Farmer's. Market approach, advise that the Board is in support. of it, and what is the best approach. to continue with .the Chamber of Commerce, or is the Chamber .wanting to pass it off to the County to manage and administer, and for staff to make a recommendation back to the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' recommended the Board take action to authorize .that the December 2, 2004 letter be sent from the Chairman addressed to the Hampton Roads Economic Development Alliance. 18 9o~K ~? ..7~g I~ Supervisor Bradshaw moved the Board authorize staff to send the letter and. copy all Mayors and Chairs of the. member localities. The motion. was- adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Appointments. Supervisor MacManus moved the Board appoint Lynn Briggs to represent the Smithf eld District on the Events Committee. The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board appoint .Herb DeGroft, replacing Henry Bradby, on the Senior Services of Southeastern Virginia. .The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board accept the resignation of Renee Bevan from the Bicycle and Pedestrian Facilities Committee. The motion was adopted unanimously (S-0). Supervisor MacManus moved the Board appoint Herb Bevan, replacing:. Renee .Bevan,. on the. Bicycle .and Pedestrian Facilities Committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Richard O. Childress to serve on the, Tidewater Emergency Medical Services Council, Inc. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Henry. H. Bradby to serve- on the Transportation Safety Committee. -The motion was adopted unanimously (S-0). Supervisor Bradby .moved the Board appoint .Dorothy Somerset representing the Hardy District on the Architectural Survey Advisory Committee. The motion-was adopted unanimously (5-0). Chairman Clark moved. the Board appoint Fred Walls to serve on the Newport Development Service District Corridor Revitalization Committee. The motion was adopted unanimously (5-0). Chairman Clark moved the Board appoint. E. Wayne Rountree, P.E. to serve on the Newport Development Service District Corridor Revitalization Committee. The motion was adopted unanimously (5-0). 19 - i 909K ~`~ ;.. •7~~ Supervisor Bradshaw requested Mr.. Robertson to contact Michael Andrews to see if he is interested in continuing to serve on the Community. Criminal Justice Board. The motion was adopted unanimously (5-0). // County Attorney Stroman requested a closed meeting pursuant to Section 2.2-3711.A.1 for the purposes of discussion and consideration or interviews and matters relating to assignment of appointment, promotion, performance of specific Board appointees. Supervisor Bradshaw moved the Board enter the closed meeting .for the reasons .stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the motion, and no Supervisors voting against the motion.. Chairman 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 Wright 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 Wright NAYS: 0 ABSENT DURING VOTE: 0 20 ~~r~ ~~ . 7q1, i~ ABSENT DURING MEETING: 0 County Administrator Casket' conveyed Grace Keen's invitation for the Board and County staff to attend the annual Christmas gathering at her home on December 18,.2004 at f :00 p.m. County Administrator Casket' advised that he would be, sending out a letter under the Chairman's signature to Congressman Forbes expressing the County's appreciation for his assistance in securing.. $125,000 in federal funding. County Administrator Casket' reminded the Board that the County's annual. Christmas party is scheduled for Saturday, December 11,2004 at 8:00 p.m. at The Smithfield Center. Chairman Clark notified the Boardof the Commissioner of Revenue's increasing problem with individuals attempting to elude paying County taxes by registering their vehicles in North Carolina. At 7:40 p.m., Supervisor Bradshaw moved that the Board continue its meeting. to December: l6, 2004 at 5:00 p.m. for the p. urpose of conducting a ribbon cutting at the new Administration Building. .Stan D. Clark, Chairman W. s Casket', Clerk Donald T. Robertson, Acting clerk' 21