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09-17-1998 Regular MeetingBOOK. 10ra~'1•,8 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: ~ Robert C. Claud, Sr., Chairman Malcolm T. Cofer Phillip A. Bradshaw Henry H. Bradby ABSENT: O. A. Spady Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Cofer. The Pledge of Allegiance was delivered. // Chairman Claud called for Special Presentations. Chairman Claud recognized Constance Rhodes, Executive Director, Isle of Wight/Smithfield/Windsor Chamber of Commerce who presented the Board with a regional Hampton Roads flag intended for display at the Courthouse. George Bradby and Dr. Jane T. York requested the Board appropriate additional funding for two (2) teaching positions. Dr. York noted last Spring the School Board, in order to balance its budget, reduced 1.5 unassigned teaching positions which were reserved for enrollment growth. Dr. York explained that while the schools are in compliance with State-mandated pupil teacher ratios, there is a need for a Kindergarten teacher at the Carrollton Elementary School and a Special Education teacher at the Smithfield High School.. Dr. York recommended the source of funding for these two (2) additional teachers be from the School Operating FY1997-98 unexpended balance. Dr. York noted she will return to request the Board to appropriate additional funds from the School's FY1997-98 unexpended balance after the School Board has reviewed the staffs recommendation. Supervisor Cofer moved the Board appropriate $80,000 from the County's unappropriated fund balance to be earmarked from the Schools' unexpended fund balance until funds are available. The motion was adopted as follows: Claud, J 1 1 BD~K 18 ri.cf ~'JV Cofer, Bradby and Bradshaw voting in favor of the motion (4-0); none voting against: 1 // Chairman Claud indicated the following Consent Agenda included Item 2, A through C, and asked if there were any items for removal:: A. Delinquent Real Estate Tax Collection Monthly Report B. Continued Meeting Minutes of August 6, 1998 C. Regular Meeting Minutes of August.20,1998 Supervisor Bradby moved the Board adopt the Consent Agenda. The motion was adopted unanimously (4-0). // Chairman Claud called for Transportation Matters. 1 Jonathan W. Hartley, Director of Planning and Zoning, notified the Board of a letter received from James S. Givens, State Secondary Roads Engineer, VDOT, that Merritt Cove Road is to be considered for inclusion in the State Secondary Road System by the Commonwealth Transportation Board on September 17, 1998. Mr. Hartley notified the Board of a request he received from Emma Gorsie for a reduction of the speed limit on Oliver Drive from 35 mph to 40 mph. Mr. Hartley noted that staff has contacted Sheriff Phelps and has advised Mrs. Gorsie that speed limit reduction is a responsibility of VDOT. Chairman Claud requested staff contact the Sheriff to request enforcement of the current speed limit of 40 mph along Oliver Drive. Staff was further requested to provide the Board with a report on the Sheriffs findings. // Chairman Claud called for Citizens Comments. I~ Marion C. Neighbours, President, Friends of the Windsor Library (The Friends), presented the Board with a blueprint for the enlargement of the Windsor Library from the existing 1,500 square feet to 2,284 square feet. Mr. Neighbours noted the Camp Foundation has promised $7,500 and The Friends will contribute $3,000, as well as equip the addition. Chairman Claud moved the Board authorize bids go out on the plans and authorize expenditures up to $32,000 from the Capital Budget. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the 2 eooK 18 rM~~140 motion (4-0); none voting against. Pat Clark of Carrollton addressed the Board on the possibility of down zoning the Graymor Property. Mr. Clark requested the Board investigate Mr. Hailsworth's inquiry at a recent Isle of Wight Citizens Association meeting if the County could down zone the Graymor property due to no substantial action on the part of the owner on the land throughout the years. Supervisor Bradshaw moved the Board request the County Attorney to contact Mr. Hailsworth in regard to comments he made at the Isle of Wight Citizens Association meeting held on September 14, 1998 at Nike Park wherein he inquired if the County could consider down zoning the Graymor property application since there has been no activity on the application throughout the years. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw. voting in favor of the motion (4-0); none voting against. // Chairman Claud called for. the Community Development report. Mr. Hartley provided the Board with an update on the Virginia Coalition of High Growth Communities. Mr. Hartley highlighted the various legislative issues listed in a handout provided to the Board. Chairman Claud moved that the Board support the recommendation of staff on the following .five (5) General Assembly Bills and that these recommendations be sent to the Chairman of the Commission on High Growth: Impact Fees for School Con traction (SB 693): Staff would recommend that the Board of Supervisors oppose SB 693, as presently proposed, unless it is amended to apply statewide (or at least to high growth communities), includes all capital improvements affected by growth, and carves no specific dollar limitation. Adequate Public Facilities ( B 3.55): Staff would recommend. that the Board of Supervisors support this proposed legislation since it reinforces .existing code provisions, but would also encourage amendment to specifically allow for the denial of a subdivision or rezoning proposal when it exceeds a reasonable capacity of the existing or proposed public facilities. mitation onthe Use of Special Excepti B 62 : Staff would recommend that the Board of Supervisors oppose this legislation on the basis that the decision on the use of this and similar land use tools should be a local legislative decision. If basic legal principles are at question, a court of law, not the 1 1 1 3 8001( ~O rA~f~4~ 1 legislature, should determine. the validity of its use, application,: and administration. Vested Ri hg is (~B 5701: Staff recommends that the Board of Supervisors encourage the repeal of the entire 1998 amendment dealing with vested rights. School Construction Funding (SB 40051: Staff recommends that the Board of Supervisors strongly support continued funding from State sources to meet the growing school construction needs statewide. Such funding should be increased to substantially meet the needs that exceed reasonable local resources, with particular attention to the needs of the high growth communities. Finally, it is the intention of the Board to closely monitor the activities of the Commission on State Funding of Public School Construction. The. motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion (4-0); none voting against. fl 1 Supervisor Bradshaw further moved the Board direct staff to meet with the ..press and prepare a public notice informing citizens about the County's position on the five (5) General Assembly Bills. The motion was .adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion (4-0); none voting against. E. Wayne Rountree, Director of Public Utilities, briefed the Board on the cost for the water system foi• the Northern Development Service District (NDSD). Mr: Rountree advised the report noted a possibility of interconnecting the Carisbrcok and Berms Church. existing water systems in the NDSD which, combined, could be pumped to the capacity of the well. Originally approved by the State Health Department, this concept can no longer apply. The projected 2018 population of the NDSD is approximately 32,000 people which would result in a projected water demand of approximately 3.4 million gallons .per day. The potentiaLwater sources to serve the NDSD were divided into short term sources and long term sources. The short term sources included utilizing well systems in the NDSD and utilizing the Town of Smithfield. The. Town of Smithfield was not pursued due to quality and quantity problems, as well as contractual restrictions. The combining of two (2) existing well. systems, Carisbrooke and Berms Church, was recommended as an alternative with the option of adding an additional well and blending, and ultimately fluoride removal by way of treatment of two (2) treatment systems. The long term water solutions for the NDSD included new ground water, with treatment to remove fluoride, purchase and treatment of raw water from the City of Norfolk, purchase of treated water from either Portsmouth or ..Suffolk and participation in a Suffolk/Isle of Wight Regional .Water Authority. The Suffolk/Isle of Wight Water Authority was the recommended approach. A computer model was established to determine the pipe size and layout of the water system for the 4 aooK 18 ~a~~142 entire NDSD. The system was established and cost estimates were $40,000,000. A first phase transmission. system, including an elevated tank at Bartlett and well modifications at Bartlett and Benns Church, was estimated at $6,000,000. The debt repayment restructure of the $6,000,000 would result in a total local contribution over a seven (7) year period to the utility operating budget of $1.2 million. Over the next twenty (20) years as this system grows and connection and user fees increase, the utility system would realize a revenue over expense surplus of $4.3 million. The report is in a preliminary state and currently being reviewed by State agencies which will be returned to the Board for consideration upon their adoption, stated Mr. Rountree. // Chairman Claud called for the County Administrator's report. Sharon Stallings, Regional Manager, Falcon Cablevision,; and General Manager for Insight Cablevision, requested the Board's approval of the proposed transfer of the franchise from Insight Cablevision to Falcon Cablevision. Recognizing the problems incurred by Falcon with the City of Suffolk, Chairman Claud asked Ms. Stallings how the change would affect County residents. Ms. Stallings noted the problems incurred with the City of Suffolk occurred two years ago and the Suffolk City Manager has since agreed to move forward and review the services of Falcon Cable, Ms. Stallings noted Falcon Cable has recently announced its partnership with TCI, the largest cable company in the country. Ms. Stallings noted she feels strongly that the level of service by Falcon Cable will be excellent and she does not anticipate any changes in terms of the. County's customer service expectations. Ms. Stallings noted. when the franchise is transferred, Falcon Cable is bound by the same terms of the franchise as Insight Cablevision. County Attorney Crook noted he has reviewed the Letter of Intent. Falcon Cable needs local approvals, as well as Federal Communications Commission approval, before it can complete the agreement. County Attorney Crook stated he sees no reason for the County. to withhold its approval. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE WHEREAS, Insight Communications Company, L.P. ("Franchisee") owns, operates,. and maintains a cable television system ("System") in the County of Isle of Wight, Virginia (the "Franchise Authority"), pursuant to Ordinance to 5 BOOK 18 r~~~~.43 1 Franchise dated December 21, 1995, Ordinance to Renew Franchise Agreement dated August 17, 1995, Ordinance to Amend Franchise dated 1995, Ordinance to Amend Franchise dated December 15, 1994, Ordinance to Amend Franchise dated December 6, 1990, Ordinance to Amend Franchise dated April 16, 1987, and Franchise Ordinance dated November 18, 1982 (the "Franchise"), and Franchisee is the duly authorized holder of the Franchise; and, WHEREAS, Franchisee, and Falcon Cablevision {"Transferee") are parties to a letter of intent, pursuant to which the System and the Franchise will be transferred to Transferee (the "Transfer"); and, WHEREAS, Franchisee and Transferee have requested consent by the Franchise Authority to the Transfer in accordance with the requirements of the Franchise and have filed an FCC form 394 with the Franchise Authority; and, WHEREAS, the Franchise Authority has investigated the qualifications of Transferee and finds it to be a suitable transferee: NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: u SECTION 1. The Franchise Authority hereby consents to the Transfer, all in accordance with the terms of the Franchise. SECTION 2. The Franchise Authority confirms that (a) the Franchise was properly granted or transferred to Franchisee, (b) the Franchise is currently in full force and effect and will expire on August 17, 2010, subject to options in the Franchise, if any, to extend such term, (c) the Franchise supersedes all other agreements between the parties, (d) the Franchise represents the entire understanding of the parties and Franchisee has no obligations to the Franchise Authority other than those specifically stated in the Franchise, and (e) Franchisee is materially incompliance with the provision of the franchise and there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or the giving of notice or both, would constitute a material default or breach under the Franchise or would allow the Franchise Authority to cancel or terminate the rights thereunder. SECTION 3. Transferee may transfer the Franchise or control related thereto to any entity controlling, controlled by, or under common control with Transferee. ~I SECTION 4. The Franchise Authority hereby consents to and approves .the assignment, mortgage, pledge, or other encumbrance, if any, of the Franchise, the System, or assets relating thereto, as collateral for a loan. SECTION 5. This resolution shall be deemed effective upon the closing of the. Transfer (the "Closing Date"). G aooK 18 F~r~144 SECTION 7. The Franchise Authority releases Franchisee, effective upon the Closing Date, from all obligations and liabilities under the Franchise that accrue on and after the Closing Date; provided that Transferee shall be responsible for any obligations and liabilities under the Franchise that accrue on and after the Closing Date. SECTION 8. This Resolution shall have the force of a continuing agreement. with Franchisee and Transferee, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and Transferee.. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. County Administrator Caskey noted the County. was recently contacted by the Virginia Chamber of Commerce requesting the County's assistance and, if possible, financial commitment in their efforts to support Amendments Three (3) and Four (4) to the Virginia Constitution. Mr. Caskey noted these amendments will provide an atmosphere conducive to commercial development. for businesses locating in the State, help enter into revenue sharing agreements and promote regional cooperation. Supervisor Cofer noted he would like to have additional information before acting on the matter and moved the Board table consideration of the resolution until the Board's October l 5, 1998 meeting. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. Anne F. Seward, Director of Budget and Finance, presented a request from the Compensation Board concerning the reimbursement of the Commissioner of the Revenue's 1998-99 operating budget. Supervisor Bradshaw moved the Board direct the Director of Budget and Finance to advise the State that the gap in State funding will be absorbed by the County in the amount of $23,345 for FY1998-99. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda in order to conduct the public hearings.. The motion was adopted unanimously (~-0). Chairman Claud called for a public hearing on the following:, Proposed Real Property Tax Levy Increase 1 G 7 BUOK 18rh~~1~5 Chairman Claud called citizens to speak in favor of or in opposition to the proposed tax levy increase. I~ Ms. Seward noted additional revenues that would be generated are $1,195,890 which is within $20,000 of the funds the Board approved in its budget to appropriate from the fund balance to balance the budget. The revenues were short by that same figure and the Board authorized an appropriation from the fund balance to balance this current year's budget. Ms. Seward recommended the Board adopt a tax rate of $.72 to close this gap and continue with the County's internal policy to maintain a minimum of 10% fund balance. Barbara Olin of Carrollton requested the County keep the recommended $.72 real estate tax rate and demonstrate the Board's commitment to educational excellence by funding the total Schools' Budget. Wendell Graham requested the budget be reviewed and critical needs be reconsidered. Chairman Claud closed the public hearing and called for comments from the Board. 1 Chairman Claud noted if the Board had elected several months ago to balance the budget without using the unappropriated fund balance the tax rate would have needed to be increased by $.08. The County's debt service at the present time is approximately $5.4 million a year, of which this year it is approximately I 1 % of the County's budget. The County is still reviewing the need for a middle school for the central part of the County,- as well as an elementary school in the northern part of the County. In reviewing the County's debt load and the amount of money needed to service the debt and .realizing what is to come, it does not seem the County can consider reducing the tax rate below $.72, noted Chairman Claud. Supervisor Cofer noted he would also have to support the $.72 proposed tax rate. Supervisor Bradby noted he would he would also have to support the $.72 proposed tax rate to provide the County the kind of financing to carry the County through the fiscal year. i_ Supervisor Bradshaw requested Ms. Olin speak with the School Superintendent regarding the Board's actions earlier in the meeting to appropriate $80,000 for two (2) teaching positions, one at the Carrollton Elementary School, from the County's unappropriated fund balance. Supervisor Bradshaw noted as a parent he would like to build another school right away, however, as a Board member considering the financial condition of the County, the Board can not move ahead with projects at this time. 8 flOQK ~C7 ,rp;;;~~~ Supervisor Cofer moved the Board adopt the ordinance to set a rate of $.72, as advertised. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. Chairman Claud called for a public hearing on the following: Ordinance to Amend the Subdivision Ordinance of Isle of Wight County Regarding Alternative Discharge Sewage Disposal Systems County Attorney Crook suggested the Board combine the public hearing on the two (2) ordinances. Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Add Regulations for Alternative Discharge Sewage Disposal Systems With Conditional Use Permit Supervisor Bradshaw moved the Board combine the public hearings on the two (2) ordinances. The motion was adopted unanimously (5-0). Mr. Hartley noted alternative discharge sewage disposal systems require special permitting by the Department of Environmental Quality (DEQ) and because they are individual systems, DEQ has turned their administration over to the Department of Health to administer. Staff was approached for one of these systems to be installed in the County and because of many of the issues involved, it was felt .that there should be a permit process established in the County to monitor these systems. Chairman Claud called for persons to speak in favor of or in opposition to the proposed ordinances. There being none, Chairman Claud moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY REGARDING ALTERNATIVE DISCHARGE SEWAGE DISPOSAL SYSTEMS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 4-4-5 of the Subdivision Ordinance of Isle of Wight County, Virginia, be amended to read as follows: Section 4-4-5. Private water and/or sewer. Nothing in this regulation shall prevent the installation of privately owned water and/or sewerage facilities in areas where public water and/or sewerage facilities are not available; .provided, however, that such installations must meet all the requirements of the Virginia Water Control 9 BOOK 10 P~.~'~~~ I Board, the Virginia Department of Environmental Quality, the Virginia Department of Health, Isle of Wight County Department of Public. Utilities, and any other state or local regulation having authority over such installation, including the provisions of the Zoning Ordinance of Isle of Wight County for alternative discharge sewage disposal systems; and provided, further, that upon completion of the facility, the applicant or applicants may be requested to convey, without cost, said facility and its appurtenances, including sufficient land, easements and rights-of--way, to the County of Isle of Wight. The motion. was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. Supervisor Bradshaw moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO ADD REGULATIONS FOR ALTERNATIVE DISCHARGE SEWAGE DISPOSAL SYSTEMS WITH CONDITIONAL USE PERMIT 1 BE IT AND IT IS HEREBY ordained by the Board of Supervisors of Isle of Wight County, Virginia, that the Zoning Ordinance of Isle of Wight County, Virginia, be amended to add the following Sections to provide regulations for alternative discharge sewage disposal systems with conditional use permit. Sec. DEFINITIONS ALTERNATIVE DISCHARGE SEWAGE DISPOSAL SYSTEMS -Any device or system which results in a point source surface discharge of treated sewage with flows less than or equal to 1,000 gallons per day on a yearly average. These systems are regulated by the Virginia Department of Health under a general Virginia Pollution Discharge Elimination System (VPDES) permit issued by the Virginia Department of Environmental Quality, Division of Water. Sec. ALTERNATIVE DISCHARGE SEWAGE DISPOSAL SYSTEMS C (A) Intent -The existence of untreated septage/sewage poses a clear and documented risk to public health and safety. The following provisions 'are intended to permit by Conditional Use Permit. the replacement of a failed septic system or other approved method of sewage disposal on property which contains asingle-family residence constructed prior to the date of this ordinance and where no other alternative. for sewage disposal exists. These systems are not considered by Isle of Wight County to be a proven nor acceptable technology for general application or new construction since they conflict with the growth management and 10 ~ooK 18 ~h~~1.~~ resource protection policies contained in the County's Comprehensive Plan and other County Ordinances. However, these systems provide a more. acceptable method of sewage disposal than no sewage disposal at all for residences which pre-existed this ordinance. (b) Conditional Application Requirements and Procedures: (1) Formal application shall be made to the Virginia Department of Health (VDH) in accordance with Section 2.12 of the VDH regulations. No application to Isle of Wight County will be accepted until a formal application has been submitted to and received by VDH. (2) In addition to the application requirements and procedures established in this Ordinance, no application for a Conditional Use Permit shall be considered until the following information is provided. a. a copy of the application form and materials(s) submitted to VDH; b. written documentation from VDH that ill other methods of sewage disposal permitted in Virginia have been investigated and that the alternative discharging sewage system is the only remaining alternative for this improved property; c. documentation supporting compliance with the criteria contained in subsection (C) 2. below; and, d. ~ the tax map number, name and mailing address of all property owners 1,000 feet downstream of the proposed discharge point along the fall line, based on the most recent real estate books for Isle of Wight County, or other municipality if appropriate. 3. In addition to all other notice requirements contained in this Ordinance and otherwise required by law, all property owners located 1,000 feet downstream from the discharge point along the fall line shall be notified by first class mail at least ten days prior- to the Planning Commission's public hearing. The Zoning Administrator shall be responsible for this notification. The applicant shall be responsible for the cost of postage. 4. Wherever possible, the review and consideration of a request for a Conditional Use Permit shall be coordinated with the review procedures and requirements of VDH. and the Virginia Department of Environmental Quality, Division of Water. (C) GENERAL STANDARDS 1 ~l 1 11 pDQR ~V ~i.:~r1~V 1 1. X111 proposed alternative. discharging sewage systems shall comply with the regulations and requirements of the. Virginia Department of Environmental. Quality, Division of Water and the Virginia Department of Health (VDH) pursuant to Section 62.1-44.2 et seq. and Section 32.1-163 and 164 of the Code of Virginia, respectively, as may be amended. The primary regulations which govern the permitting and installation of these systems are contained in the VDH regulations titled "Alternative discharging Sewage Treatment System Regulations for Individual Single Family Dwellings (VR 355-34-400)." 2. A Conditional Use Permit request shall only be considered when the following criteria is met: 1 a. the residence is located more than 300 feet from an existing or proposed public sewer line, or when 300 feet or less, is otherwise unable to connect to public sewer due to topography or other physical constraints, as determined by the Director of Utilities; and, b. the proposed alternative discharging sewage system is solely for replacing a failed septic system or other approved method of sewage disposal for a property which contains a single-family residence constructed prior to the effective date of this ordinance. 3. All systems proposed for use in Isle of Wight County shall be classified under Section 2.25 of the VDH regulations as having either preliminary or .general approval for use in Virginia. Systems with experimental approval shall be prohibited in Isle of Wight County. 4. In Isle of Wight County the location of the discharge point shall be limited to a year-round stream as defined in Section 3.2 of the VDH regulations, except as allowed in item (c) 5. below. 5. Use of an intermittent stream or dry ditch as the discharge point may be permitted by the Board of Supervisors under the following conditions: a. the use of an intermittent stream or dry ditch. is included as a specific condition of the Conditional Use Permit; b. specific conditions are attached to the permit. pertaining to additional levels of treatment, security of the discharge point, ownership of the property or a perpetual easement for a distance downstream from the discharge point, and other criteria essentially to protect the public health and safety; and, c. none of the conditions attached to the permit .are less restrictive than the requirements contained in Section 3.7 of the VDH regulations unless specifically varied or modified by VDH and 12 eno~ 18n~~150 incorporated into the conditions of the Conditional Use Permit. 6. Prior to issuance of an operating permit by VDH, a notice shall be recorded with the Clerk of the Circuit Court advising future purchasers of the legal obligations associated with the ,method of sewage disposal located on .the property. At a minimum, this shall include notice that the approval must be re-permitted every five years or upon change of ownership as required by VDH regulations, that .maintenance contract must remain in full force at all times, that VDH shall have the right of access to the property, and that the Health Department and Isle of Wight County do not warrant in any way the continued compliance with County, State and Federal standards and ,assumes no liability for the continued use of this technology for sewage disposal. This document shall be approved by the County Attorney's Office prior to recordation. 7. A copy of all formal and informal testing results required under Section 3.11 of the VDH regulations shall be submitted to the County Health Department and the County Department of Planning and Zoning, in addition to any other agency or location required bylaw. 8. Any Conditional Use Permit approved by Isle of Wight County shall run concurrently with the operating permit approved by VDH. Upon expiration or revocation of the operating permit, the Conditional Use Permit shall. also expire or be revoked. No Conditional Use Permit shall be valid for a period greater than five years. 9. Requests to renew a permit of an existing system shall be considered as though it were a separate and new request for a Conditional Use Permit and shall meet all of the requirements of this ordinance. Recurring requests for a permit due to repeated revocations of an operating permit or failure to comply with the requirements of the VDH regulations, including failure to maintain a current maintenance contract at all times, may be sufficient grounds for denial of a new Conditional Use Permit by the Board of Supervisors. 10. Any violation of the VDH regulations for the construction, operation and maintenance of an alternative discharging sewage system shall be considered a violation of any Conditional Use Permit approved under this ordinance. 11. Any variance or waiver approved by VDH shall not automatically be binding on the Board of Supervisors in .considering or approving a Conditional Use Permit. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. 13 BooK i8 ~~~~i51 Chairman Claud called for a public hearing on the following application: 1 The application of Thomas J. & Peggy P. Wright to amend Conditional Industrial General Zoning of approximately 7.5 acres of land located at 9584 Bear Trap Circle, Windsor, in .Windsor Magisterial District. the purpose of the amendment is to allow specific uses as conditioned. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Carl Eason, Jr., Attorney, represented the applicant's request to amend the proffered zoning conditions. Attorney Eason noted in regards to a petition in opposition signed by six (6) individuals and received at the Planning Commission meeting, only three (3) were actually located at residences adjacent to the property. Attorney Eason noted the petition cited a concern with the high volume of traffic and he would note there will be only approximately three (3) vehicles per day that enter the location. Bertha Banks Deaton noted her concern with traffic and noises on the property. r~, Chairman Claud presented the Recording Secretary with the petition. Chairman Claud closed .the public hearing and called for comments from the Board. Chairman Claud noted the property has been improved dramatically and he did not feel the traffic would be a negative impact on the surrounding neighborhood. Chairman Claud moved the Board approve the application, as submitted. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none ~~otit~g against. Chairman Claud called for a public hearing on the following application: The application of Marie E. Wilson for a change in zoning classification from RAC, Rural Agricultural Conservation, to RR, Rural Residential, approximately seven (7) acres of land located at 16091 Courthouse Highway, Smithfield, in Newport District. The purpose of the application is to create a lot around the homeplace. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. 1 Tad Stephenson, Realtor, spoke on behalf of Ms. Wilson. Mr. Stephenson noted Ms. Wilson is seeking a rezoning to secure funds to continue her stay at the retirement home in Smithfield. Chairman Claud closed the public hearing and called for comments from 14 '1 the Board. ~ aooK 18 >~~~1~2 Supervisor Cofer moved the Board approve the application of Marie E. Wilson. The motion was adopted as follows: :Claud, Cofer, Bradby and Bradshaw voting in favor of the motion (4-1J); none voting against. Supervisor Cofer further moved the Board approve the withdrawal of the said seven (7) acres from the Courthouse Agricultural Forestal District. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. Chairman Claud called for a public hearing on the following application: The application of Richard Reuter for a Conditional Use Permit to continue the occupancy of a mobile home while building a residence for two (2) additional years. The property is located. at 18455 Bob White Road, Windsor, in Newport Magisterial District. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Richard Reuter requested the Board approve his request for one (1) year. Chairman Claud closed the .public hearing and called for comments from the Board. Chairman Claud moved the Board approve the application for a period of one (1) year. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against: Chairman Claud called for a public hearing on the following application: The application of the James P. Delk Estate for a Conditional Use Permit to continue the occupancy of a mobile home by Roy C. Dunkum, III while building a residence for two (2) .additional years. The property is located at 13386 Track Lane, Smithfield, in Hardy Magisterial District. .Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Roy Dunkum noted until he receives a clear title to the property he cannot obtain a mortgage. He understands from the attorneys involved that it will probably be an additional. six (6) months at which time. he will begin construction. Mr. Dunkum noted that while he is not sure if he can build the home in one (1) year, he is fairly certain he can have the home built in two (2) years. 15 1 C 1 aao~ 18 >h.~~1~3 Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradshaw noted that while he understands Mr. bunkum's situation, he has a concern with overturning the Planning Commission's unanimous recommendation to limit the permit to a period of one (1} year. Supervisor Bradshaw noted the existing mobile home has already been there for three (3) years and no activity has transpired during that time. Mr. Hartley noted the Planning Commission expressed its concern that it had initially recommended a permit be granted Mr. bunkum three (3) years and that mobile homes in the County need to be removed and homes built in their. places. County Attorney Crook noted the Planning Commission's policy in the past has been to recommend one (1) year on extensions when the permit was initially to build a residence. Supervisor Bradby moved the Board approve the application for a period of one (1) year with the understanding that if the permanent home is not completed within the one (l) year period of time, the applicant can return to the Board to request additional time. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. U Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Chainman Claud called for the continuation of the County Administrator's report. County Administrator Caskey presented a request from the Home for the Developmentally Disabled seeking the Board's support of a project to construct a home in Hampton Roads for individuals with developmental disabilities. Supervisor Bradshaw moved the Board authorize the Chairman to sign a letter of support for the project. The motion was adopted as follows: Claud, Cofer, Bradshaw, .Bradby voting in favor of the motion (4-0); none voting against. County Administrator Caskey presented for the Board's consideration a draft agenda for the proposed Board's Retreat. 16 ao~K 18 ~;.~r15~4 Supervisor Bradshaw moved the Board accept the agenda as presented by the County Administrator and that the Retreat, scheduled for October 27, 1998 at the Paul D. Camp Community College/Suffolk Campus, begin at 8:00 a.m. rather than 8:30 a.m. The motion was adopted as follows: Claud,, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. Donald T. Robertson/Assistant to the County Administrator/Director of Human Resources presented a renewal of the GTE CentraNet Service Agreement currently in place which the County Attorney has reviewed and provided his comments. Supervisor Bradshaw moved the Board approve the contract with the changes noted by the County Attorney, The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. County Administrator Caskey notified the Board that the Annual Financial Plan for ] 998-99 will be forwarded to them in the following week. Copies of same will be ,forwarded to the Treasurer, Commissioner of Revenue and the libraries for public information, stated Mr. Caskey. // Chairman Claud called for Old Business. The application of Thomas L. Newton, Jr. and Thomas S. Word, trustees for a change in zoning classification of 445.95 acres of land currently zoned Rural Agricultural Conservation (formerly A-1), Neighborhood Conservation -Residential General (formerly R-2), Limited Industrial (formerly M-1) and General Commercial (formerly B-1). 77.21 acres is proposed to be rezoned to Conditional. General Commercial and 368.74 acres is proposed to be rezoned to Conditional Planned Development Residential. This property,-known as the Springfield Tract and formerly part of the Graymor Development Plan, is located on the east and west sides of Carrollton Boulevard (Route 17) in Newport Magisterial District. The purpose of the application is for general commercial development, single family residential and multi-family residential development as conditioned, (Tabled August 20, 1998). Chairman Claud. moved the Board enter executive .session under Section 2.1-344 A7 of the Freedom of Information Act for advice of counsel on a matter of potential litigation and related legal matters requiring advice of counsel. The motion was adopted unanimously (4-0). Upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: 1 1 [~ 17 BQOK 18 ~ti~~l~~ WHEREAS, the Board of Supervisors has convened an executive 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, 2.1-344. lA 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 in 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 the Board of Supervisors. AYES: (Claud, Cofer, Bradby and Bradshaw) 1 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion (4-0); none voting against. Supervisor Cofer. moved the Board direct the County Attorney, in conjunction with Special Counsel, to prepare a written statement of the County's position relative to the Graymor/Eag1e Harbor zoning and vested rights and have it for news release by Tuesday morning. The motion was adopted as follows: Claud, Cofer, Bradshaw and Bradby voting in favor of the motion (4-0); none voting against. II Mr. Hartley referred to a memo .contained in the Board's agenda summarizing the application. Mr. Hartley noted also contained in the agenda is a revised copy of the proffered conditions that have been submitted by the applicant and which reflect a recent meeting with Attorney Riddick and the applicant. Mr. Hartley noted staff requested the statement "if the commercial development exceeds the level shown in the traffic assessment, that the developer would make whatever improvements would be necessary" be deleted because of its complications in administering it at the time it would occur. The language used regarding the rental of properties along Whippingham Parkway has been 18 8QU11 .LV !nl'r~V~ modified to read "resident product to be built on tract 6 and 7 lying on either side of Whippingham Parkway will be developed as housing designed and marketed as for sale. and not marketed and designed as rental apartments." The cash proffers for apartment units will be paid at the time the Certificate of Occupancy is issued. The proffer addressing the public water supply system has been deleted.. Finally, the proffer dealing with the ratio of commercial and residential -has been modified to be one of the factors used in the fiscal impact analysis in ,terms of square feet and number of units. On August 28, 1998, staff and the applicant resolved all remaining issues and requested Tischler and Associates to prepare the level of service report which was received on September 8, 1998 highlighting all the revisions discussed and agreed upon. Staff has since been reviewing the document and have requested Tischler to run the fiscal impact model which. will be available to the Board prior to its next meeting. Mr. Hartley distributed a summary report received by staff from the Department of Conservation and Recreation which identified that the highest quality forestry occurs. in the southwestern end of the property and which indicates that there are . no significant natural heritage resources or outstanding natural communities or populations of rare species were found within the project area. Attached in the Board's report is the Sheriffs report of what he believes the impacts of the project will be on his operations. The School Board has requested the County Attorney to respond to the Board's. request for additional comments, noted Mr. Hartley. County Attorney Crook noted the School Board met and considered the revised proffers. The School- Board favors cash proffers rather than a school site proffer. and they do wish to express to the Board that they felt that the cash proffers are inadequate and that they should be more in line with the Tischler Study Impact Analysis report. County Attorney Crook stated there will be a written response to the Board from the School Board via the Superintendent of schools. Supervisor Bradshaw moved the Board table action on the matter until the Board's October 15, 1998 meeting so that the Board has all the information available to evaluate. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. Supervisor Bradshaw requested copies of the report submitted by the Director of Public Utilities on the cost of the water system in the Northern Development Service District, the additional revised proffers submitted by the developer and the report from the Environmental Planner be provided to the press. // Chairman Claud called for New Business. Chairman Claud moved the Board direct staff to prepare a resolution in support of Supervisor. Cofer being reelected to the Region II VACo Board of 19 1 [. ~~~x ~18 -x::157 1 Directors and that copies of same be forwarded to the Board Chainmans and Administrators in Region II. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. // Chairman Claud called for Appointments. Supervisor Bradshaw moved the Board appoint Pete Carr to serve on the Economic Development Committee representing the Carrsville District. Mr. Carr's term will expire in September of 2002. The motion was adopted ~as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. // Chairman Claud called for the County Attorney's report. County Attorney Crook presented a Note and Deed of Trust to secure the proffers for the Hampton Promotions, Inc. Subdivision which he recommends the Board approve and authorize the Chairman to sign on behalf of the County. J Supervisor Cofer moved the Board approve the Note and Deed of Trust for Hampton Promotions, Inc. Subdivision and authorize the Chairman to sign same on behalf of the County to secure the proffers in that subdivision. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting against. // County Attorney Crook requested an executive session under Section 2.1- 344 A7 of the Freedom of Information Act for advice of counsel concerning potential litigation, under Section 2.1-344 A7 concerning matters requiring advice of counsel concerning contract negotiations. County Administrator Casket' requested an executive session under Section 2.1-344 A7 concerning consultation with legal counsel and briefings by staff as it pertains to probable litigation on specific legal matters requiring the provision of legal advice by counsel. 1 Supervisor Bradshaw requested an executive session under Section 2.1-344 Al concerning a personnel matter. Upon returning to open session, Supervisor Bradshaw moved the Board adopt the following resolution: 20 sooK 18ti_158 WHEREAS, the Board of Supervisors has convened an executive 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, 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 fromopen meeting-requirements by Virginia law were discussed in 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 the Board of Supervisors. AYES: (Claud, Cofer, Bradby and Bradshaw) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion (4-0); none voting against. // Supervisor Cofer moved the Board adjourn. The motion was adopted unanimously (5-0). W. Dougl s C key, Cler ,~ Robert C. Claud, Sr., Chairman 21 1 1 1