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10-16-1997 Regular Meeting., Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. // YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman O. A. Spady Malcolm T. Cofer Phillip A. Bradshaw REGULAR MEETING OF THE ISLE OF .WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF .OCTOBER IN THE ..Chairman Bradby indicated the following Consent Agenda included Item 1, A and B, and asked if there were any items for removal: A. Resolution to Declare Voting Machines as Surplus Equipment B. Delinquent Real Estate Tax Collection Monthly Report There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). U Chairman Bradby called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, informed the Board that he had been advised by the Resident Engineer that the VDOT District Location and Design Section had been requested to design and stakeout a new alignment for Pruden Road at the 90 degree curve before property owners are approached further about dedication of right-of--way. Supervisor Bradshaw requested Mr. Hartley to provide a copy of this information to Norman Holloway. Mr. Hartley stated the VDOT Resident Engineer had also provided additional information on VDOT policy related to the "Pave-In-Place" legislation, 1 90rx iii ~ :. -'?Yu effective July 1,1997, which allows paving of roads where the right-of-way is .less than 40 feet... Mr. Hartley informed the Board that the Commonwealth Transportation Board intends to facilitate and develop the Transportation Corridor #9, as adopted by the .Hampton Roads MPO on July 16, 1997. Such crossing will.. connect I-564 in Norfolk, I-664 in Newport News, and Route 164, stated Mr. . Hartley. Mr. Hartley informed the Board that VDOT had advised by letter dated October 16, 1997 that Route 602 (Longview Drive) will be closed to through traffic between Route 600 (Oliver Drive) and Route 601 (Sandy Ridge Drive) in order that repairs to the bridge over Chuckatuck Creek can be accomplished. Supervisor Bradshaw requested the status of the Route 58 Business bridge reconstruction. and realignment in the Six-Year Plan. County Administrator Caskey indicated -the Resident Engineer will be present at the Board's November 20, 1997 meeting and he has been requested to advise the Board on the status of this project at that. time. // Chairman Bradby called for Citizens Comments. Arthur Diggs, Sean Jamison and Gayle Dunning, residents, requested the paving of Muddy Cross Road. citing hazardous driving conditions for school buses and vehicles .due to flooding and the narrow width of the road. Supervisor Spady suggested a meeting be scheduled with the Resident Engineer and that a report concerning the details of what needs to be accomplished (amount of right-of--ways secured to date) be forwarded to the .Board. Supervisor Spady further suggested that this road be placed on the list of items to be addressed by the VDOT Resident Engineer at his quarterly appearancebefore the Board in November.. Henry Bell requested the status of Raynor Road (Route 681). Supervisor Spady requested the issue be placed on the list of items to be discussed with the VDOT Resident Engineer at his quarterly appearance. Nancy Kornhaus requested the Board's assistance in obtaining adequate road maintenance along a section of Oliver Drive. Supervisor Claud requested Ms. Kornhaus' concern be placed on the list to be discussed with the VDOT Resident Engineer at his quarterly meeting with the Board in November. .•. ,~ eoeK ~ 17 -r:~ 4~~1 Evelyn Chandler informed the Board that the Historical Society intends to invite Bill Crosby from Richmond to tour Boykin's Tavern and provide them with his proposed Scope of Work. Ms. Chandler distributed to the Board a sketch of the sign proposed for the lawn of Boykin's Tavern. Ms. Chandler announced the fund raising campaign is scheduled for Friday, November 14, 1997 at 2:00 p.m. on the lawn of Boykin's Tavern. // Chairman Bradby called far the Community Development report. Mr. Hartley presented the application of -GTE Mobilnet, owner and PrimeCo Communications, lessee, for a Conditional Use Permit to co-locate their antenna on an existing tower and construct a twelve (12) foot by twenty (20) foot equipment pad. adjacent. to the base of the tower which is located at 6279 Windsor Boulevard in Hardy Magisterial District for the Board's consideration. There being no questions .from the Board, Supervisor Claud moved the Board approve the application of GTE Mobilnet, as conditioned. The motion was adopted unanimously (5-0). Mr. Hartley stated correspondence was received from VACo regarding proposed rules of .the FCC, specifically the preemption by the FCC of local zoning authority on the siting, placement, and construction of broadcast station transmission facilities. Supervisor Spady moved the Board adopt the. following resolution and that it be forwarded to the County's congressional members: RESOLUTION OF OPPOSITION TO THE PROPOSED PREEMPTION BY THE FEDERAL COMMUNICATIONS COMMISSION OF LOCAL ZONING AUTHORITY ON THE SITING, PLACEMENT, AND CONSTRUCTION OF BROADCAST STATION TRANSMISSION FACILITIES (MM Docket No. 97-182) WHEREAS, the Federal Communications Commission (FCC) has proposed a preemption of local zoning authority in order to promote. the construction of digital television (DTV) in accordance with an accelerated schedule for construction established also by the FCC; and, WHEREAS, the proposed preemption would require local zoning approval within 21 days for existing broadcasting tower sites to 45 days for any new broadcasting tower sites proposed by the DTV broadcasting industry; and, WHEREAS, these proposed time limitations are inconsistent. with the normal. timetable established for consideration of .rezoning petitions and 3 BOQK 17:M•:'4~2: conditional use permits, due to referrals to other agencies and public notice requirements; and, WHEREAS, the proposed preemption would prohibit any action that is not directly related to public health and safety, preventing any action based on .community standards, property values, environmental issues, or the policies of the Comprehensive Plan; and, .WHEREAS, the proposed preemption would establish the FCC as the entity to which all appeals would be considered rather than the present system of appeals being considered by the court system; and, WHEREAS, the proposed preemption is solely in support of a private commercial venture and intended to support economic gains with no direct benefit to the citizens of Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight Board of Supervisors strongly opposes. the adoption of any rules or administrative provisions that would limit the local authority over. land use decisions related to broadcasting station facilities and towers. The motion was adopted unanimously (5-0). // Chairman Bradby called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, presented for the Boadd's consideration information related to the pending increase in the existing water rate structure scheduled to go into effect. on January 1, 1998. Supervisor Spady stated the Board's intention is that increases for unmetered systems not take effect until improvements are actually made. Supervisor Spady then moved that the price increase not be effective until criteria by the Board is established. The County Attorney was further directed to proceed in drafting. an appropriate amendment to the Water Ordinance. The motion was adopted unanimously (5-0). // Chairman Bradby called for the County Attorney's report. County Attorney Crook informed the .Board that the County. has an ordinance requiring setback for roadside sales and that the fee is an, administrative fee to coverthe enforcement of the additional regulations for these vendors. County Attorney Crook noted he would copy the Board members on the opinions he provided to the Sheriff and the Commissioner of Revenue in 4 .: ,~ ea~~ ~.7.~~;•443 these cases: 1 County Attorney Crook noted the Planning Commission requested he communicate to the Board its request for the Board to consider filling the position of Codes Enforcer and that the Board authorize the County Administrator to fill this position.. Supervisor Bradshaw moved the Board authorize the CountyAdministrator to advertise and fill the position of Codes Enforcer and that the position be under the direction of the Department of Planning and Zoning. The motion was adopted unanimously (5-0). 1 // Chairman Bradby called for the County Administrator's report. County Administrator Caskey presented a request from the Blackwater Baptist Association of Virginia to use the property adjoining the Courthouse on March 7, 1997 for a one (1) day event. Betty Crocker, representing the Blackwater Baptist Association of Virginia, requested the Board's permission to use the property adjoining the Courthouse on March 7, 1997 for a one (1) day event for a missions .fair which will include booths from different organizations and churches throughout the Blackwater Association and the immediate area. .The Association does have liability insurance and there will be an addendum to the policy to cover this event, stated Ms. Crocker. County Attorney Crook noted there are constitutional limitations on local. government and religious events and expressed his desire to meet with Ms. Crocker and the County Administrator to get all the details and report back to the Board with his findings. Supervisor Bradshaw moved the Board defer action on the request until the County Administrator and County Attorney have an opportunity to meet with Betty Crocker to discuss the specific details of the request. The motion was adopted unanimously (5-0). County Administrator Caskey noted each county has been requested by VACo to designate a representative(s) of the Board to cast its vote at the. upcoming Annual Business Meeting. Supervisor Bradshaw moved the Board designate Supervisor Claud to act as avoting delegate and himself as the alternate voting delegate for the upcoming VACo Annual Business Meeting. The motion was adopted unanimously (5-0). County Administrator Caskey stated there is a small cluster community 5 eae« 1?.~L:~~~4 south of the Windsor Corporate Limits .that is requesting the feasibility of extending the sewer collection system to that community. -The Board had previously mentioned it may be feasible to pursue a Community Development Block Grant for that community whereby the County could possibly secure funding to provide that infrastructure. A meeting was scheduled with the State Department of Community Development regarding the effort currently underway in the Camptown community at which time the County was advised. it could only have one active application at a time. It was suggested that the. Town of Windsor could possibly be the applicant and entity that procured that application through the State process, stated County Administrator Caskey. Supervisor Claud moved the Board authorize the County Administrator to contact the Windsor Town Manager and Windsor Town Council on the Board's behalf requesting that they initiate an application for the project to serve the community on the southern end of Windsor.. The motion was adopted unanimously (5-0). County Administrator Caskey noted he had several matters for executive session later in the meeting. // Chairman Bradby called for Old Business. There was no old business offered for discussion. // Chairman Bradby called for New Business. There was no new business offered for discussion. // Chairman Bradby called for Appointments. Supervisor Bradshaw moved the Board appoint William Dyer to the Southeastern Virginia. Job Training Administration far a two year term which will expire in October of 1999. The motion was adopted unanimously (5-0). .Supervisor Bradshaw moved the Board appoint Arlene Dragseth to the Community Policy and Management Team, replacing Mary Catherine Foster, as the Public Agency Representative. The motion was adopted unanimously (5-0). Donald T. Robertson, Assistant to the County Administrator/Director of .Human Resources, distributed to the Board a letter of resignation from Robert P. Leber from the Planning Commission citing work conflicts. 6 80~K 17 -~•' 445 Supervisor Spady moved the Board accept the resignation of Robert P. Leber on the Planning Commission, by letter dated October 14, 1997, with regrets. "The motion was adapted unanimously (5-0). // At 6:55 p.m., Supervisor Bradshaw moved the Board take afive-minute recess. The motion was adopted unanimously (5-0). Returning to open session at 7:00 p.m., Chairman Bradby called for the public hearings.- Mr. Hartley notified the Board that an error occurred on the notices mailed out to the adjoining property owners on the applications of (A) Coastal Investors, Inc., (E-1) E. Baxter Seward. (E-2) Jenkins family Trust, .and (E-3) Brian J. Lally, as listed on the table of contents in the agenda. These notices advised that the meeting commenced at 2:00 p.m. rather than 7:00 p.m. Since that time, all property owners have been. contacted either by telephone or by personal notice and advised that the correct time for the hearing is 7:00 p.m., stated Mr. Hartley. 1 County Attorney Crook stated that he was advised by staff that the public notices in the newspapers were properly published under the statute and that it was the letter notices to the adjoining property owners which were incorrect in the time of the meeting only and that those landowners which were affected have since been notified of the correct time either by telephone call or by delivery of new notices. County Attorney Crook stated the statutes dealing with notices are strictly adhered to by the Courts and Section 15.1-431 of the Code of Virginia provides for the publication in the newspaper and that a rezoning request shall be given directly to the adjoining landowners by the Planning Commission. Section 15.1-493 provides that for any amendment to the Zoning Ordinance the governing body must comply with the notice. requirements of Section 15.1-431. Section 15.1-33.1 provides that the governing body may give in addition to any specific notice required by law notice by direct mail. If the Board chooses to proceed with the public hearings he believes the notice requirements can be defended, however, it is not to say it would not be attacked. County Attorney Crook stated after reviewing the statutes, he advised Mr. Hartley that the Board could proceed, but he would give the applicants the option of whether they wanted to proceed or if they preferred the Board re-notify. the adjoining landowners and strictly comply with the statute. The risk. is there that if the Board holds the public hearing an adjoining landowner may decide to attack the decision of the Board, stated County Attorney Crook. Richard L. Turner, applicant, requested the Board continue with its public hearings on (A) and (E-2) as listed on the table of contents in the agenda. Mr. Turner noted these items are not listed one after the other on the table of contents and requested the applications be heard simultaneously. 7 804K 1~ •h;;`~'~~ Supervisor. Cofer moved. that the Board .combine the public hearings for. (A) Coastal Investors, Inc. and (E-2) Jenkins Family Trust. The motion was adopted unanimously (5-0). Chairman Bradby called for persons to speak in favor of or in opposition to the following proposed applications:. The application of Coastal Investors, Inc., owner and .Isle of Wight Materials Company, Inc., operator for a Conditional Use .Permit to create a thirty-five (35) acre. borrow pit off the west side of Benns Church Boulevard (Route 10) between Turner Drive (Route 644) and Muddy Cross Drive (Route 620) in Newport Magisterial District. The application of the Jenkins Family Trust,. owner and Isle of Wight Materials, prospective owner, for a change in zoning classification from RAC, Rural Agricultural Conservation to C-PD-MH, Conditional Planned Development Mobile Home District, approximately seventy (70) acres of land located on the east side of Turner.. Drive (Route 644) between Benns Church Boulevard (Route 258 & 10) and Muddy Cross Drive (Route 620) in Newport Magisterial District. The purpose of the application is for the expansion of a mobile home park, as conditioned. ., Mr. Turner commented that we all make mistakes and he would like to thank the staff, who, when it realized that an error had occurred, quickly and efficiently corrected the situation. Mr. Turner stated in 1978 and again in 1985 the Red Oaks Mobile Home Park was approved for an expansion of 191 lots subject to sewage becoming available. in the area. Mr. Turner stated he is proposing to move the mobile home park expansion that was approved to another .location which will allow him to dig a lake that will combine with an existing lake. Mr. Turner stated the bon:ow pit application will not do anything different than what has been done since 1986. Mr. Turner stated the mobile home park, if moved, would consist of seventy (70) acres of land of which twenty (20) acres is open and fifty (50) acres is wooded.. Mr. Turner stated the size of the proposed lots are larger which allows the placement of a double-wide trailer as opposed to a single-wide trailer. Mr. Turner stated this will offer better protection for the mobile home park and Smithfield High School. Mr. Turner stated traffic will remain the same for both places, the locations and number of lots will remain. the same, and there will be more recreational area than originally proposed. Mr. Turner stated his proposal includes dry hydrants which will allow an enormous amount of :water to be supplied to the old park, new park and even to .the Smithfield High School which will offer better fire protection than most subdivisions. Mr. Turner stated he has submitted aproffer that he will comply with whatever is required for a stop light by VDOT for the entrance and exit to the property. Jackie Edwards Myers, employee of Isle of Wight Materials and resident of Smithfield, urged the Board to approve the applications as it is very possible 8 eo~K ~.? -n .• 4 ~? 1 Isle of Wight Materials will not be in existence should the Board not approve the applications. Isle of Wight Materials is a stable company in the County and provides an income for employees who spend their money in the County, stated Ms. Myers. Evelyn Bell, employee of Isle of Wight Materials and lifelong resident of the County, requested the Board approve the application as this is part of her income. Jane T. York, Superintendent of Isle of Wight County Schools, speaking in opposition, stated she previously submitted to the Board a copy of her letter listing some of the reasons why the School Board is opposed to both of the proposed applications. Dr. York submitted a site plan consisting. of seventy-nine (79) acres for the Smithfield High School prepared on March 16, 1979 which contains a section that could potentially be used as another school site, possibly for an elementary or middle school. Dr. York stated that while this is not proposed for the immediate future, the School Board does wish to preserve it as an option for the future and both of the proposed applications could have a negative impact on the future use of this site. Dr. York stated the School Board has denied the easement requested for the mobile home park expansion across the top right side of the School Board property because of the potential use of the land and due to the traffic on Turner Road which. contains a curve and could be a hazard. Dr. York noted a borrow pit operation is not compatible with a school containing approximately 900 students. Dr. York stated to relocate the expanded mobile home park on the back side of the borrow pit seems not to be a good solution for students who will live there and unless the roads are accepted into the State Secondary Road System, the School Board cannot send in a school bus. Children are currently picked up at the main entrance of the Red Oaks Mobile Home Park because it is safer to pick them up at the entrance than it is to pick them up on the highway. Dr. York stated if the Board approves the new zoning for the mobile home park, the children will have to walk beside or through the borrow pit area to reach the entrance of the park to catch the bus unless all the roads are upgraded to be accepted into the State Secondary Road System. Dr. York stated the School Board voted unanimously to oppose both applications and she would urge the Board to deny both the Conditional Use Permit for the borrow pit and the application to rezone the Jenkins .property. John Springfield of Sundown Drive spoke in opposition to the borrow pit application and the rezoning of the mobile home park as he has three children who will attend Smithfield High School and the location of a borrow pit next to the school is not compatible. C In rebuttal, Mr. Turner commented the trailer park and the borrow pit were in existence when the County condemned the property in order to locate the school. In response to the School Board's letter of opposition, Mr. Turner distributed an aerial photo noting the location of the football. stadium to the proximity of the pit.. Mr. Turner noted the property line contains a chain link eo~~ ~? -~:•4~8 fence and dust problems have existed in .the Benn's Church area for years primarily due to farmers planting their crops. Mr. Turner stated regarding the noise factor, Highway 10 is closer to Smithfield High School than the pit, even at its closest point. Mr. Turner stated he has met with the residents of the Red Oaks Mobile Home Park who support the proposed ..application. Mr. Turner stated he is proposing to install a fence prior to beginning the operation to provide another source of safety. Mr. Turner stated due to changes in laws his operation is much safer today. Mr. Turner stated there will be no water in the borrow pit and once it becomes a lake it will be fenced while the operation is proceeding and afterwards with sloped sides. Mr. Turner stated his goal is for larger lots which are conducive for older residents and the roads will be built to State standards. Mr. Turner stated whether or not school buses can go further into the park than they currently do would be a decision on the part of the School Board, however, an area to pick up students will still be provided. Chairman Bradby closed the public hearings and called for comments from the Board. Supervisor Claud stated the proposed project is an extension of an existing sand pit and proposed no new entrances. with all traffic flowing away from the school. The dry hydrants for fire protection are a plus and while it is a distance for children to come, he views this as an option the residents will have before they decide to locate there. The borrow pit operation is located near a school and may not be a perfect location, however, schools are located near housing projects. The business is a legitimate business and Mr. Turner must comply with all regulations of the State and County, noted Supervisor Claud Supervisor Bradshaw asked if the presentation by Dr. York, on behalf of the School Board, had been presented to the Planning Commission. County Attorney Crook advised the Planning Commission was notified of the School Board's opposition, however, the Planning Commission commented that the School Board had not listed specific reasons for opposing .the applications. Supervisor Bradshaw noted the Board has been presented new evidence that the Planning Commission has not yet heard and that, in the past, when the Board had received new information the Board has forwarded such back to the Planning Commission for its review and recommendation. Supervisor Bradshaw moved the Board refer the application of Coastal Investors, Inc. to the Planning Commission for its re-evaluation. The motion was defeated (4-1) with Chairman Bradby and Supervisors Cofer, Spady and Claud voting against the motion and Supervisor Bradshaw voting in favor of his motion. Supervisor Spady noted he did not view the information presented tonight as being significant. Supervisor Spady stated he likes the park being located as proposed in the back of the lot as there could. be a lot of other things that could 10 I- ' 1 gong ~ 17 ..~ ~~i~ possibly go in that section that would be worse. Supervisor Spady noted the mining operation would be only for a period of five years and he did not believe the dust would be as bad for mining as it is in a cultivated field. Supervisor Bradshaw stated the Board has had information presented to it that the Planning Commission has not seen and. had the vote from the Planning Commission been an unanimous vote, he would not have made the motion to send it back to the Planning Commission. .Supervisor Bradshaw stated as a parent he is concerned about sending children to a high school with a borrow pit located that close and he believes it is a safety. factor that should be considered. Supervisor Claud stated he also believed the information received tonight is not significant enough to send back to the Planning Commission and he would not be able to support Supervisor Bradshaw's motion. Chairman Bradby noted he did not believe the information received tonight would alter the decision of the Planning Commission. Supervisor Claud then moved the Board approve the application of Coastal Investors, Inc. .The motion .was adopted (4-0} with Supervisor Bradshaw abstaining from voting on the application.. 1 Supervisor Cofer moved the Board approve. the application of the Jenkins Family Trust. The motion .was adopted (4-0) with Supervisor Bradshaw abstaining from voting. Chairman Bradby called for a public hearing on the General Obligation Utility Bonds. Mr. Rountree stated the proposed bond project is for phase one of the Northern Development Service District water project which is for the upgrading of the Carrisbrooke and Benns Church Subdivision welts with new pumps and the replacement of control systems for the larger pumps, and the erection of a 1,000,000 gallon elevated tank to be located in the Bartlett area and installation of approximately 10,000 linear feet of sixteen (16) inch water main along Carrollton Boulevard, Brewer's Neck Boulevard and Benn's Church Boulevard. Mr. Rountree stated the second project is for the 67,000 linear feet Windsor vacuum sewer project that would cover the entire Town of Windsor with one vacuum sewer pump station discharging into the existing HRSD-sewer force .main now in service to serve approximately 800 potential customers. Mr. Rountree stated the third project is the Windsor Boulevard water extension which involves the installation of 4,600 feet of sixteen (16) inch main from the Town of Windsor, eastward to the azea of the proposed Isle of Wight County Industrial Park. Mr. Rountree stated the fourth project is the Southern Development Service District sewer project which involves the renovation of five existing County owned. pump stations with the replacement and. upgrading of pumps and controls and the installation of individual radio alazm systems and the installation 11 80~K ~~ •~ :' i ~t1 of approximately 5,200 feet ofeight (8) inch sewer force main from. pump station #1 along Carver Road to near its intersection with Route 58/258. Chairman Bradby called for persons to speak in favor of or in opposition to the bonds. James Joyner noted that the citizens who live in the rural areas will be paying for these sewer projects and will not receive service from them. Mr. Joyner questioned why the residents who use these systems can't be the ones who pay for them. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Claud requested the Director of Budget and Finance advise the Board on what it can expect these types of expenditures to cost the County. Anne F. Seward, Director of Budget and Finance, referred to the first item under the County. Administrator's office which discusses the various utility projects. The County would issue debt for a twenty (20) to twenty-five (25) year bond issue with resulting debt service of about $1.5 million dollars if, coupled with the County's Windsor Elementary School debt, could result in a $.13 on the County's current real estate tax rate, explained Ms. Seward. Larry Wales, Municipal Advisors, Inc., stated the County has the possibility of receiving a school literary fund loan at 3% for $5,000,000 which is not included in the figures provided in the agenda package.. Mr. Wales stated the County must investigate the possibility of getting these bonds insured as "triple A" bonds to determine if it would be in the County's best interest. to insure them or to go to the market with the County's A-1 rating. Mr. Wales recommended the County go twenty-five (25) years so that the utility rates are not impacted. Responding to Mr. Joyner's concern, Supervisor Spady stated he believed the County is at a point that if it does not have water or sewer, the Board will not be able. to control the County's destiny. Supervisor Spady assured Mr. Joyner that he did not take borrowing this money lightly. . Supervisor Cofer moved the Board approve the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA IN THE MAXIMUM .AMOUNT OF $14,500,000 WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.1-227.40 of the Code of Virginia of 1950, as amended (the "Code"), Isle of Wight County, Virginia (the "County"), has elected by .affirmative vote of the qualified voters of the County, to be treated as a city for 12 r r' 1 eoeK ~ 1? -~ :~ 4y1 the purpose flf issuing its bonds; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: I. It is determined to be necessary and expedient. for the County to finance, in part, capital improvements to the County's utility system (the "Project"), to borrow money for such purpose and to issue the County's general obligation bonds therefor. 1 2. Pursuant to the Constitution and statutes of the Commonwealth Hof Virginia, including the Public Finance Act of 1991, there are authorized to be issued general obligation bonds of the County in the maximum principal amount. of $14,500,000'to provide funds to finance, in part, the cost of the Project. 3. .The bonds shall bear such date or dates, matwe at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Board may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the County for the payment of principal and premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 5. The Clerk of the Board, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this. resolution in the Circuit Court of Isle of Wight County, Virginia. This resolution shall take effect immediately. The motion was adopted unanimously (5-0). Ms. Seward stated the second resolution under the County Administrator's report to appropriate $150,000 from the unappropriated fund balance allows for an advance for projects for upcoming easement expenses. These funds will be advanced from the General Fund and reimbursed upon issuance of this debt, stated Ms. Seward. 1 Supervisor. Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR UTILITY PROJECT COSTS 13 eoeK 1? •:~ 4~? WHEREAS, the Board of Supervisors of .the County. of Isle of Wight, Virginia has approved various utility projects within the County; and, WHEREAS, the funds in the amount of one hundred fifty thousand dollars ($150,000) need to be appropriated from the utility debt issuance to the Capital Budget in the 199?-98 budget. of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred fifty thousand dollars ($150,000) from the. 1997 utility. debt issuance be appropriated to the Capital Budget in the 1997-98 budget of the County of Isle of Wight, Virginia. 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 unanimously (5-0). Chairman Bradby called for a public hearing on the following: An Ordinance to Amend Chapter 6, Erosion and Sedimentation Control Provisions of the Isle of Wight County Code Chairman Bradby called for persons to speak in favor or in opposition to the proposed Ordinance. County Attorney Crook noted a correction in the Ordinance in the first paragraph which should state the word "conservation" instead of "conversation". Supervisor Cofer moved the Board adopt the Ordinance as amended: AN ORDINANCE TO AMEND CHAPTER 6, EROSION AND SEDIMENTATION CONTROL PROVISIONS OF THE .ISLE OF WIGHT COUNTY CODE BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle. of Wight .County, Virginia, that Chapter 6, Erosion and Sedimentation Control provisions of the Isle of Wight County Code are amended as follows: Sec.6-3. Definitions Agreement in lieu of a .plan. A contract between the plan- approving authority and the owner which specifies conservation measureswhich must be implemented in the construction of a single- family .residence; this contract may be executed by the plan- 14 ,: ~~ 1 eoo~ 17 -~ :• 453 approving authority in lieu of a formal site plan. Certified Inspector. An employee or agent of a program authority who (i) holds a certificate of competence from the Virginia Soil and Water Conservation Board in the area of project inspection or (ii) is enrolled in the Board's training .program for project inspection and successfully completes the program within one year after enrollment. Certified Plan Reviewer. An employee or-agent of a program authority who (i) holds a certificate of competence from the Virginia Soil and Water Conservation Board in the area of plan review, (ii) is enrolled in the board's training program for project inspection and successfully completes the program within one year after enrollment, (iii) is licensed as a professional engineer, surveyor. pursuant to Article 1 (section 45.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia as amended. Certified Program Administrator. An employee or agent of a program authority who (i) holds a certificate of competence from the Virginia Soil and Water Conservation Board in the area of program administration or (ii) is enrolled in the Board's training program for project inspection and successfully completes the program within one year after enrollment. i2isllis~ or Peanut soil .and water conservation district. Apolitical subdivision of this Commonwealth organized in accordance with the provisions of Article 3, (Section 10.1-506, et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia as amended. Erosion impact area. An area. of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land 10,000 square feet or less used for residential purposes or shorelines where erosion results from wave action or other coastal processes. Land-disturbin activity. Any land change which may result. in soil. erosion from water or wind and movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the terms shall not include: 7. Tilling, planting or harvest of agricultural, horticultural or forest crops, or livestock feedlot operations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desalting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour 15 804x ~7 ~~"4,.~~ cultivating; contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest corps unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of (Section 10.1-1100 et seq.) of Chapter 11 of Title 10.1 of the Code of Virginia as amended or is converted to bona fide agricultural or improved pastyre use as described in subsection B of Section 10.1-1163; Program authority. A district, county, city or town which has adopted a soil erosion and sediment control program which has been approved by the Board .Sec. 6-7. Required Except as provided for in Section 6-3, pertaining to definitions, no person may engage in any land-disturbing activity until such person has submitted to the county, has had reviewed by and has had approved by the Peanut Soil and Water Conservation District, an erosion and sediment control plan for such land-disturbing activity or established an agreement in lieu of a plan The Virginia Erosion and Sediment Control Handbook, 2Trd-~d.; ~g@,-nray 3rd Ed.,1992 Shall be used as a reference for the approved standards and specifications for .control techniques to be utilized in preparing the plan. Section 6-13. Issuance}fees. No person shall engage in any land-disturbing activity, as defined in section 6-3 within the county until he has acquired aland-disturbing permit and paid a fee for. same to the county in the amount of seventy dollars ($70.00) plus ten dollars ($10..00) per acre of land disturbed. No permits which authorize land-disturbing activity shall be issued without an ..approved erosion and sediment control plan. 16 w 80~K 1? -.:~; 4 .,. ,~ (a) A violation of this chapter shall be deemed a Class 1 misdemeanor and upon conviction, violators shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or thirty (30) days' imprisonment for each violation, or both. All other provisions. of the Erosion and Sedimentation Control Ordinance of Isle of Wight County, Virginia heretofore adopted, and not amended herein, shall remain in full force and effect. The motion was adopted unanimously (5-0). Chairman Bradby called for a public hearing on the following: An Ordinance to Amend Chapter 11, Article II, of the Isle of Wight County. Code for Motor Vehicle Licenses to Add Provisions for Compacts for the Regional Enforcement of Local Motor Vehicle License Requirements Chairman Bradby called for persons to speak in favor of or in opposition to .the proposed Ordinance. fl Il 1 No one appeared. Chairman Bradby closed the public hearing and called for comments from the Board. There being no comments from Board members, Supervisor Claud moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE II, OF THE ISLE OF WIGHT COUNTY CODE FOR MOTOR VEHICLE LICENSES TO ADD PROVISIONS FOR COMPACTS FOR THE REGIONAL ENFORCEMENT OF LOCAL MOTOR VEHICLE. LICENSE REQUIREMENTS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 11, Article II, Motor Vehicle Licenses Ordinance of the Isle of Wight County Code be amended by adding to Section 11-3 the following: The County of Isle of Wight may enter into compacts for the regional enforcement of local motor vehicle license requirements to require the owner or operator of any motor vehicle, trailer, or semitrailer to display on his vehicle a valid local license issued by another county, city, or town that is a party to the regional compact, provided that the owner or operator is required by the jurisdiction of situs, as provided in Section 58:1-3511 of 17 eoox 17 -~:~~4~f .the Code of Virginia, as amended, to obtain and display such license. The motion was adopted unanimously (5-0). ..Chairman Bradby called for a public hearing on the following: .Isle of Wight County Ordinance for the Regulation of Open Burning Chainman Bradby called for persons to speak in favor of or in opposition to the proposed Ordinance. Joe Ferguson, James Joyner and Henry Bell spoke in opposition to residents being unable to burn their trash, leaves and brush as rural living sometimes requires the use of fire. Scott Bachman, Department of Forestry, stated should the Board consider ; adopting a burning ordinance, the Forestry Department would ask the Board to follow the voluntary smoke management guidelines of the State Air Pollution Control Board that agricultural activities, including forestry, for site preparation, management of forest and wildlife/habitat manipulation be permitted activities. Chairman Bradby closed the public hearing and called for comments from .the Board. County Attorney Crook stated a request was received in February of 1996 from the Department of Environmental Quality for the State of Virginia that the County adopt a Model Ordinance and the Board chose not to adopt the Ordinance. Later, the County Administrator received a letter requesting the County amend the County Code to include the .open burning prohibitions, County Attorney Crook stated he prepared the Ordinance at the request of the Department of Environmental Quality, however, it now seems that it may not be necessary for the Board to adopt this Ordinance at this time. Answering the concerns of several citizens, Supervisor Cofer stated open burning is permitted for the disposal of leaves, trees, yard and garden trimmings located on the premises of private property with the following two conditions: (1) it must take place on the property, (2) the location must be not less than 300 feet. from your neighbor's building. Supervisor Bradshaw suggested staff poll other localities to determine how they are handling the issue of open burning. Supervisor Cofer moved the Board table the Ordinance for thirty (30) days until the Board's November 20, 1997 meeting and direct staff to survey other comparable counties to determine how they are regulating open burning. The motion was adopted unanimously (5-0). i ~oo~ 17.h-45? L Chairman Bradby called for a public hearing on the following: A Resolution to Exempt From Local Taxation the Property Owned by FFA-FHA Camp Association, Incorporated Located at Morgart's Beach in Isle of Wight County, Virginia Chairman Bradby called for persons to speak in favor of or in opposition. to the proposed Resolution. Gary. Pierce, Smithfield, serving on the FFA-FHA Camp Board, requested the organization's property at Morgart's Beach be exempted from property taxes and urged the Board to grant its request. The camp is owned and operated by the Future Farmers of America and Future Homemakers of America which are youth .organizations, he stated. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION WHEREAS, the FFA-FHA Camp Association, Incorporated, an affiliate of the State Future Farmers of America and Future Homemakers of America through a subsidiary, the FFA-FHA/HERO Educational and Recreational Center located at Morgart's Beach in Isle of Wight County, Virginia operates said Recreational Center for youth leadership and church camps and for civic organizations for retreats and picnics; and, WHEREAS, said real estate where said center is located is owned by FFA- FHA Camp Association, Incorporated, a corporation having its principal office in the City of Richmond, Virginia; and, WHEREAS, FFA-FHA Camp Association, Incorporated and its affiliate FFA-FHA/HERO Educational and Recreational Center desires to obtain real estate tax exemption for said property from the Virginia General Assembly; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, had a notice published in ~, Times, a local newspaper published in the County of Isle of Wight, Virginia, on October 1 and 8, 1997, advising the citizens of the County of a public hearing to be conducted on October 16, 1997 for Board action on this request; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, conducted such public hearing on October 16, 1997; and,. ..WHEREAS, .FFA-FHA Camp Association, Incorporated through its 19 eoeK 17 : ~c:-458 subsidiary FFA-FHA/FIERO Educational and Recreational Center has submitted the following information in accordance with Section 30-19.04 of the Code of Virginia, as amended; L FFA-FHA Camp Association, Incorporated, including its subsidiary FFA-FHA/I-IERO Educational. and Recreational Center is exempt from taxation pursuant. to Section 501-C of the Internal Revenue Code of 1954. 2. Neither FFA-FHA Camp Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational Center hold an alcoholic beverage license. 3. No director or officer of FFA-FHA Camp Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational Center is paid compensation in excess of a reasonable allowance for salary. 4. a. No part of the net earnings of FFA-FHA Camp Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational Center inures to the beneficiary of any one individual. b. Portions of the service provided by FFA-FHA Camp Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational Center are generated by funds from donations, contributions and/or grants,. 5. By providing the Recreational Center for youth leadership, as well as church camps, civic organizations and retreats for picnics for the community, FFA-FHA Camp .Association, Incorporated including its subsidiary FFA- FHA/I-iERO Educational and Recreational Center is providing services that are for the common good of the public. 6. No part of the activities of FFA-FHA Camp. Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational Center involves the carrying on of propaganda or otherwise attempting to influence legislation. 7. No rules, regulations, policy or practice of FFA-FHA Camp Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational Center discriminates on the basis of religious conviction, race, sex or national origin. 8. It is the belief of the Board of Supervisors of Isle of Wight County, Virginia, that the revenue impact on the County of Isle of Wight would be minimal at best for the services provided by FFA-FHA Camp Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and: Recreational Center and how it benefits the County of Isle of Wight. 20 .•. i 8041( '~ I =~':-~.~,'~~ 1 9. FFA-FHA Camp Association, Incorporated or its subsidiary FFA- FHA/HERO Educational and Recreational Center is organized as anon-profit organization and anon-stock corporation; and, WHEREAS, the current assessed value of the real property owned by FFA- FHA Camp Association, Incorporated is $473,100.00 which would result in a real estate tax loss for the County of Isle of Wight of $3,406.32. based. on the current tax rate of $0.72 per $100.00. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of .Wight County, Virginia in .regular session assembled on October 16, 1997, that it does hereby support the requests by FFA-FHA Camp Association, Incorporated made by its subsidiary FFA-FHA/HERO Educational and Recreational Center and urges the Virginia General Assembly. to favorably consider its request for real estate tax exemption as a charitable organization. The motion was adopted unanimously (5-0). Chairman Bradby called for a public hearing on the following: The application of E. Baxter Seward for a change in zoning classification from RAC, Rural Agricultural Conservation, to C-RR, Conditional Rural Residential, approximately ten (10) acres of land located on the east side of White Hill Trail (Route 623) in Hardy Magisterial District. The purpose of the application is for one (1) single family dwelling lot. Chairman Bradby called for persons to speak in favor or in opposition to the proposed application. Nancy Layton, representing the applicant, E. Baxter Seward, stated for the record that this application is one of the applications in which an error occurred in the listing of the time of the public hearing, however, she wished to proceed with the application. Chairman Bradby closed the public hearing and called for comments from the. Board. There being no comments from the Board, Supervisor Cofer moved the Board approve the application of E. Baxter Seward, as conditioned. The motion was adopted unanimously (5-0). Chairman Bradby called for a public hearing on the following; The application of Brian J. Lally fora change in zoning classification from. A-1, Agricultural Limited to C-RA, Conditional Rural Residential, approximately ten (10) acres of land located on the west side of Longview Drive (Route 602) between Woodland Drive (Route 600) and Bowling. 80nlc ~ / .;~'~EiU Green Road (Route 644) in Newport Magisterial District. The purpose of the application is for the division of the .property into two {2) lots, as conditioned. Chairman Bradby called for persons to speak in favor of or in opposition to the application Brian J. Lally stated for the .record his application was one of the applications improperly notified and he is requesting the Board proceed with hearing his application. Mr. Lally stated. the character of the area. would not be reduced or changed drastically by his application being approved. John Zucosky of Longview Drive expressed some concern over how the lot .would be divided as it is a very narrow lot, how division may affect the tax rates for existing residents and if there is a restriction or the impact on adjacent lots such as requirements for screening, fences or setbacks. County Attorney Crook stated this is rural residential, a ten (10) acre parcel being divided into two (2) five (S) acre parcels. There will be more than the 150 foot minimum frontage requirement on the road for each lot and he did not see that it would have any impact on the surrounding agricultural land. ,. Chairman Bradby closed the public hearing and called for. comments from I the Board.. Following no comments from the Board, Supervisor Claud moved the Board approve the application of Brian J. Lally, as conditioned. The motion was adopted unanimously (5-0). Chairman Bradby called for a public hearing on the following: The application of Commonwealth of Virginia, owner and the Isle of Wight County Board of Supervisors, prospective owner for a Special Use Permit to operate an unattended solid waste collection/convenience center on approximately 10,000 square feet of land located on the north side of Bwdette Road (Route 619) between Sparrow Lane and.Walters Highway (Route 258) in Windsor Magisterial District. County Attorney Crook recommended the Board table consideration of the Special Use Permit until the Board's November 20, 1997 meeting so that the adjoining landowners could be properly notified. James Joyner noted he would not be able to attend the Board's November 20, 1997 meeting and he would request that he be able to speak tonight.. Mr. Joyner .then spoke in opposition to the existing dumpster site in Walters and presented the Board with pictures recently illustrating the abuse. which currently occurs at this site. He noted that he is in favor of the proposed new site. 22 .: ,~ Supervisor Bradshaw moved the Board table consideration of the application until the November 20, 1997 meeting to allow the adjoining property owners to be re-notified. The motion was adopted unanimously (5-0). I~ ~~ // County Attorney Crook requested an executive session under Section 2.1- 344 A7 of the Freedom of Information Act concerning potential litigation and other legal matters requiring advice of counsel. County Administrator Caskey requested an executive session under Section 2.1-344 Al of the Freedom of Information Act to interview various consultants for work involving the County's Community Development Block Grant effort; under Section 2.1-344 A3 involving the proposed acquisition of property for .public use; under Section 2.1-344 Al concerning a personnel matter; under Section 2.1-344 A7 concerning a potential litigation requiring advice of counsel Supervisor Cofer requested an executive session under Section 2.1-344 Al of the Freedom of Information Act concerning a personnel matter. Before proceeding to executive session, Supervisor Bradshaw moved the Board direct staff to review the public notice advertisements in the newspapers and compare with other localities to determine how the County's method can be improved. The motion was adopted unanimously (5-0). At 9:00 p.m., Supervisor Cofer moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session at 10:50 p.m., Supervisor Cofer moved the Board adopt the following resolution: WHEREAS, the Boazd of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with thee.. provisions of the Virginia.Freedom of Information Act; and, 1 WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive 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 iri the executive meeting to which this certification resolution applies, and (ii) only such public .business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by 23 ~04~ 17 -~:: ~5? the Board of Supervisors. y~ AYES: 5 - NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 . The motion was adopted unanimously (5.0). Supervisor Cofer moved the Board authorize the Director of Budget and Finance to allocate $7,000 from the contingency account for overtime .salaries in the Sheriffs Department. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct staff and the County Attorney to negotiate the contract with the Board's first choice of a consultant for planning and management administration for the Camptown/Jamestown Community Development Block Grant. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct staff and the County Attorney to negotiate with the Board's first choice of a consultant for the engineering services for the Camptown/Jamestown Community Development. .Block Grant. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board table until .the first meeting in November to heaz further the proposal for the Housing Rehabilitation Technical Assistance consultant. for the Camptown/Jamestown Community Development Block Grant. The motion was adopted unanimously (5-0). , Supervisor Cofer moved the Board authorize staff to make the offer. for the .acquisition of the property on the terms discussed in executive session. The motion was adopted unanimously (5-0). Supervisor Bradshaw. moved the Board cancel its retreat scheduled for Friday, October 17, 1997. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the. Board direct staff to provide. the Board with proposed dates for the "Town Meeting" at the Board's November 6, 1997 meeting. The motion was adopted unanimously (5-0). // ., i eo~~ . 17~.~•4f3 Supervisor Cofer moved the Board adjourn its meeting at i 0:55 p.m. The motion was~adopted unanimously (5-0). f~ Henry H. Bradby, Chairman. W. Doug key, Clerk ,.~