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03-18-1999 Regular Meeting eoe« 18 -~~~3~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OI~ MARCH IN THE YEAR NINETEEN HUNDRED NINETY NINE PRESENT:. O. A. Spady, Chairman Malcolm T. Cofer, Vice-Chairman Henry H. Bradby Phillip A. Bradshaw Robert C. Claud, Sr. 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 Spady called the. meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. The Pledge of Allegiance was conducted. U Chairman Spady called. for Special Presentations. Chairman Spady noted that due to the late arrival of David Hardy, who is to be recognized by the Board tonight, this matter will be taken up at a later time in the meeting. William Bell, representing the Electoral Board, notified the Board that the YMCA Board is requesting the installation of the handicap ramp at the front entrance of the YMCA/Smithfield Branch be installed by a contractor ' rather than by .the Boy Scouts. Mr. Bell noted. the anticipated cost should not be more than $3,000 and all work should be complete by June 8, 1999. Supervisor Spady moved that the Board direct the County. Administrator, the Director of Public Works and the Superintendent of Inspections to meet with Mr. Caldwell at the YMCA to discuss the installation of the handicapped ramp at the YMCA. The motion was adopted as follows: Cofer, Bradby, Claud, Spady and Bradshaw voting in favor of the motion (5-0); none voting against. // Chairman Spady indicated the following Consent Agenda included Items 1, A through C, and asked if there were any items for removal:. 1 1 1 BOQN 1J ~;~ ~~7 1 .•, -Year 2000 Appropriation of Funds .Carrollton Library Appropriation of Funds . Delinquent Real Estate Tax Collection Monthly Report February 18, 1999 Regular Meeting Minutes Supervisor Cofer moved the Board adopt all items of the Consent Agenda. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of .the motion (5-0); none voting against. // i Chairman Spady called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, presented a request of Union Camp Corporation to abandon Williams Street (Route 1607) which solely serves Union Camp property. Supervisor Bradshaw inquired if the public water and sewer utilities have been addressed on Williams-Street. E. Wayne Rountree, P.E., Director of Public Utilities, .noted .that utilities on this street have not yet been addressed, but if the street is to be abandoned, the County needs to retain an easement for such utilities..: Chairman Spady directed staff to contact Union Camp and advise them of the location of utilities. The County needs to keep an easement if -Union Camp wishes the utilities to remain; if not,. Union Camp should remove the utilities at Union Camp's cost, stated Chairman Spady. Supervisor Cofer moved the Board direct staff to begin the process of abandoning Williams Street following the .procedure, as outlined by staff, and to contact Union. Camp to determine the location of public utilities. on that street. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against;:.Bradshaw abstaining from discussion and voting on the matter. Mr. Hartley presented a Resolution Requesting Additions to the State Secondary Road. System for Roads in Windsor Woods Subdivision which he recommends the Board adopt.. .Supervisor Claud moved the Board adopt the following resolution:. RESOLUTION WHEREAS, the streets of Windsor Way, York Court, Rolfe Avenue and Wythe Drive, as shown on plats recorded in the Clerk's. oi~ice of the. Circuit Court of Isle of Wight County, and 2 90~K ~O ~A~;~~~t38 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to .the acceptance of streets into the State's Secondary Road System. NOW, THEREFORE BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described above to the secondary system of state highways, pursuant to Sec. 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that the Isle of Wight Board of Supervisors guarantees the workmanship of the said roads. from any deficiencies for a period of one (1) year from the date the Highway Board approves same, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Department of Transportation. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none. voting against. Mr. Hartley advised the Board that his office received correspondence from Sidney A. Clower, Henry County Administrator, regarding VDOT's change in policy to no longer maintain drainage easements outside the road right-of--way. Mr. Hartley stated Henry County is seeking support from the Board. of Supervisors in persuading VDOT to continue to maintain drainage easements, even in those easements located outside the road right-of--way. Supervisor Bradby notified the Board that a ditch on Emmanuel Road was never properly extended into the ravine causing vaults to float in a nearby cemetery. Mr. Hartley offered to prepare a resolution for the Board's consideration. County Administrator Caskey offered to check with VACo in an effort to obtain information from other counties on this issue. Supervisor Claud moved that the Board direct the Director of Planning and Zoning to prepare an appropriate resolution for .the Board's consideration and to request additional information .from VACo concerning this issue. The motion was adopted as follows: Cofer, Bradby, Spady, ~ 3 +1 80QN 1~ -~:~' ~7J Bradshaw and Claud voting in favor of the motion (5-0); none voting against. 1 Mr. Hartley notified the Board that his office has received a letter from MacFarland Neblett, VDOT Resident Engineer, dated March 8, 1999, forwarding the minutes of the joint quarterly meeting on January 25, 1999 between the CQUnty and VDOT, along with the summary previously provided by staf~ofthis joint meeting. Mr. Hartley briefed the Board relative to the tour recently completed by Charles Resnick responsive to Pave-In-Place issues. . Supervisor Bradshaw requested Mr. Hartley to provide the Board with a summation report of this meeting and to also provide Mr. Resnick with a copy of the report. County Administrator Caskey reminded the Board that .the next quarterly meeting with VDOT is scheduled for April 26, 1999.. He requested interested Board members. to contact his office. u Chairman Spady reminded the Board that the Preallocation Hearing is scheduled .for March 25, 1999 at 10:00 a.m. at the Suffolk District office. He requested Mr. Hartley provide the Transportation Board members with the County's package of issues. Mr. Hartley presented the Board with a resolution concerning the County's 1998-99 supplemental VDOT revenue .sharing allocation for consideration which staff recommends the Board. approve. Supervisor Bradshaw moved the Boazd adopt .the following resolution: RESOLUTION TO APPROPRIATE TWENTY THOUSAND ONE HUNDRED FORTY NINE DOLLARS FROM THE. UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR USE AS MATCH FUNDS TO THE 1998-99 VDOT 50-50 REVENUE SHARING TRANSPORTATION PROGRAM WHEREAS,- the Board of Supervisors of the County of Isle of Wight, Virginia has been notified of the approval of twenty thousand one hundred forty nine dollars ($20,149) in additional match funds for the 1998-99 Virginia Department of Transportation 50 - 50 Revenue Sharing Program; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia have accepted these funds and need to appropriate twenty thousand one hundred forty nine dollazs ($20,149) as match funds to the 1998-99 Virginia Department of Transportation 50 - SO Revenue Sharing Program; and, 4 WHEREAS, the funds in the amount of twenty thousand one hundred forty nine dollars ($20, l 49) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the 1.998-99 Operating Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the. County of Isle of Wight, Virginia that twenty thousand one hundred forty nine dollars .($20,149) from the Unappropriated Fund Balance ofthe General Fund be appropriated to the 1998-99 Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, .Virginia is authorized to make the .appropriate accounting adjustments in the budget and to do all things necessary to give this resolution efFect. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Supervisor Bradshaw requested the status of the contract for surveyor services. Mr. Hartley informed the .Board that he received a revised contract today which has resulted from negotiations and will be forwarding it to the County Attorney for his review. `Supervisor Bradby requested ditching work be performed along Burwells Bay Road. Mr. Hartley noted he would contact Mr. Neblett and arrange a meeting with Mr. Bradby next week. // Chairman Spady called for Citizens Comments. ' Christine Dunham of Arabian Trail inquired if private donations could be accepted and earmarked for school construction. County Attorney Crook advised donations could be accepted, however, the location of the school, the size of the school and what type of school the School Board wishes to build will still be decided by the School -- Board. Michael J. Uzzell, Central Hill Road, requested a response to his prior request for permission to remove scraps of metal from. County. dumpsters. 1 5 80~N 1S ~A:;~~~1j0 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to the acceptance of streets into the State's Secondary Road System. NOW, THEREFORE BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described above to the secondary system of state highways, pursuant to Sec. 33.1-229, Code of .Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that the Isle of Wight Board of Supervisors guarantees the workmanship of the said roads. from any deficiencies for a period of one (1) year from the date the Highway Board approves same, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Department of Transportation. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Mr. Hartley advised. the Board that his office received correspondence from Sidney A. Clower, Henry County Administrator, regarding VDOT's change in policy to no longer maintain drainage easements outside the road right-of--way. Mr. Hartley stated Henry County is seeking support from the Board of Supervisors in persuading VDOT to continue to maintain drainage easements, even in those easements located outside the road right-of--way. Supervisor Bradby notified the Board that a ditch on Emmanuel Road was never properly extended into the ravine causing vaults to float in a nearby cemetery. Mr. Hartley offered to prepare a resolution for the Board's consideration. County Administrator Caskey offered to check with VACo in an effort to obtain information from other counties on this issue. Supervisor Claud moved that the Board direct the Director of Planning and Zoning to prepare an appropriate .resolution for the. Board's consideration and to request additional information .from VACo concerning this issue. The motion was adopted as follows: Cofer, Bradby, Spady, 1 3 t' eoeK 1~ =~~:~:~7~ Bradshaw and Claud voting in favor of the motion (5-0); .none voting against. Mr. Hartley notified the Board that his office has received a letter from MacFarland Neblett, VDOT Resident Engineer, dated March 8, 1999, forwarding the minutes of the joint quarterly meeting on January 25, 1999 between the County and VDOT, along with the. summary previously provided by staffof this joint meeting. Mr. Hartley briefed the Board relative to the tour recently completed by Charles Resnick responsive to Pave-In-Place issues. Supervisor Bradshaw requested Mr. Hartley to provide the Board with a summation report of this meeting and to also provide Mr. Resnick with a copy of the report. County Administrator Caskey reminded the Board that the next quarterly meeting .with VDOT is scheduled for April 26, 1999. He requested interested Board members to contact his office. 1 Chairman Spady reminded the Board that the Preallocation Hearing is scheduled .for March 25, 1999 at 10:00 a.m. at the Suffoik District office. He requested Mr. Hartley provide the Transportation Board members with the County's package of issues. Mr. Hartley presented the Board with a resolution concerning the County's .1998-99 supplemental VDOT revenue .sharing allocation for consideration. which staff recommends the Board: approve. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY THOUSAND ONE HUNDRED FORTY NINE DOLLARS FROM THE. UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR USE AS MATCH FUNDS TO THE 1998-99 VDOT 50-50 REVENUE SHARING TRANSPORTATION PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been notified of the approval of twenty thousand one hundred forty nine dollars ($20,149) in additional match funds for the .1998-99 Virginia Departtxient of Transportation 50 - 50 Revenue Sharing Program; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia have accepted these funds and need to appropriate twenty thousand one hundred forty nine dollars ($20,149) as match funds to the 1998-99 Virginia Department of Transportation 50 - 50 Revenue Sharing Program; and, 4 WHEREAS, the funds in the amount of twenty thousand one hundred forty nine dollars ($20,149) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the 1998-99 Operating Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty thousand one hundred forty nine dollars .($20,149) from the Unappropriated Fund Balance of the General Fund be appropriated to the 1998-99 Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the .appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect... The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Supervisor Bradshaw requested the status of the contract for surveyor services. Mr. Hartley informed the Board that he received a revised contract today which has resulted from negotiations and will be forwarding it to the County Attorney for his review. `Supervisor Bradby requested ditching work be performed along Burwells Bay Road. Mr. Hartley noted he would contact Mr. Neblett and arrange a meeting with Mr. Bradby next week. // Chairman Spady called for Citizens Comments. Christine Dunham of Arabian Trail inquired if private donations could be accepted and earmarked for school construction. County Attorney Crook advised donations could be accepted, however, the location of the school, the size of the school and what type of school the School Board wishes to build will still be decided by the School Board. Michael J. Uzzell, Central Hill Road, requested a response to his prior request for permission to remove scraps of metal from County. dumpsters. 1 1 1 5 800K ~0 ~:;;;' ~~11~ County Attorney Crook stated Mr. Uzzell's request is contrary to the County's (3rdinance, however, he would be happy to meet-with Mr. Uzzell to discuss what 1VIr. Uzzell proposes to do and review the County's .current ordinance to see if the County can accommodate his request. Supervisor Bradshaw noted if the Board accommodates Mr. Uzzell's request, this could open the door for every citizen in the County. // Chairman Spady called for the Community Development report. Mr. Hartley and Supervisor Claud briefed the Board on the recent meeting of the Virginia High Growth Coalition. Supervisor Claud suggested it may be beneficial for the County to have a representative from the Board of Supervisors, Planning Commission, the Director of Planning and Zoning and County Administration to meet with representatives from the HomeBuilders Association and Realtors to work out a partnership and reach an agreement on some areas that could be jointly supported prior to the General Assembly session next year. // 1 Chairman Spady called for the County Administrator's report. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, presented a Resolution to Designate April 18-24, 1999 as Volunteer Appreciation Week in Isle of Wight County for the Board's consideration. Supervisor Claud moved the Board adopt the following resolution and authorize the placement of appropriate advertisements for such recognition: RESOLUTION TO DESIGNATE APRIL 18-24, 1999 AS VOLUNTEER APPRECIATION WEEK IN ISLE OF WIGHT COUNTY WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic princip}es upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; .and, WI~REAS, the number of individuals engaging in .volunteer work and the important variety of services provided increase each year, providing 6 t ao~K 1~ :r:~'362 challenges and' fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, .WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers serving the community of Isle of Wight, as well as this .Commonwealth of Virginia, and. to join in with State and national leaders to set a special time for such recognition. NOW, .THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that. the week of April 18-24, 1999. be designated as Volunteer Appreciation Week in Isle of Wight County. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Supervisor Spady noted he would like -staff to come up with additional ideas to honor volunteers and bring back to the Board for its consideration. Supervisor Cofer. suggested contacting Falcon Cablevision to request that a public service announcement be advertised promoting April l 8th-24th as Volunteer Appreciation Week. Supervisor Bradshaw suggested staff contact Grace Keen to seek her suggestions an ideas for Volunteer Appreciation. Week. County Administrator Caskey presented an Isle of Wight County Triad Cooperative Agreement intended to provide special attention to law enforcement needs of the senior citizens of the community. Supervisor Bradshaw moved the Board approve the Cooperative Agreement and authorize the Chairman's endorsement of same. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Mr. Robertson presented an interim report following a recent meeting with the Fire and Rescue Association. Mr. Robertson stated the Association is agreeable with continuing the efforts that have been initiated with Colonel Harris and wish to .further discuss .the concept of paid personnel in the northern end of the County. Mr. Robertson informed the Board that a recommendation would be made to the full Association, which, in turn, will make a recommendation to the Board before its April 1, 1999 meeting. Mr. Robertson infonmed the Board of the Fire and Rescue Association's volunteers' sentiment to hold a work session with the Board to resolve some of the more critical issues. Supervisor Bradshaw moved the Board endorse the Committee recommended from the Fire and Rescue Association with Colonel Harris as 1 1 7 6oeK .18 -'~3~3 the Chairman of that Committee. The motion was adopted as follows: Cofer, Bradby, Bradshaw, Spady and Claud voting in favor of the motion (5- 0); none voting against. Supervisor Bradby suggested making a presentation to the Board on the implementation of paid personnel. Chairman Spady suggested that staff contact Hanover. and Gloucester Counties to determine how .they have separately .implemented paid personnel. He directed staff to report back to the Board on the matter. Supervisor .Bradshaw moved the Board direct Mr. Robertson to develop an agenda with issues and concerns to be included in a work session with the Fire and Rescue Association and present same to the Board at -.its April 1, 1999 meeting and Mr. Robertson is to schedule potential meeting dates with the Fire and Rescue Association in the meantime. The. motion was adopted as follows: Cofer,. Bradby, Bradshaw, Spady and Claud voting in favor of the motion (5-0); none voting against. 1 County .Administrator Casket' informed the Board that SPSA is desirous of transitioning its roll-off collection services to the County's Public Works Department. SPSA has also indicated that the current rate of $60 per pull will increase July 1, 1999 to $70. In this regard, County staff has researched the cost figures and reports no disadvantages to this transition from the County's perspective, stated Mr. Casket'. // The noted hour was 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 (5-0). ie Chairman Spady called for a public hearing on the following: 1 A. The application of James M. Carroll, Jr. for a change in zoning classification from Rural Agricultural Conservation to Conditional Rural Residential, approximately 10 acres of land located on the north side of Mill Swamp Road (Route 621) between Stallings Creek Drive (Route 680) and Pons Road (Route 625) in Hardy Magisterial District. The purpose of the application. is for asingle-family residential subdivision. as conditioned. Chairman Spady called .for persons to speak in favor of or in opposition to-the proposed application. 8 Bfl~~ 1~ .~,~~'3S4 James M. Carroll, Jr. spoke and. requested the Board approve .the change in zoning to allow him to sell a few lots in an effort to keep the farm in the family. Supervisor Cofer clarified for Mr. Carroll that under the Comprehensive Plan, the land outside the development service district, i.e., large tracts of farmland can be developed under the sliding scale provision. Under the acreage of Mr. Carroll's original tract (235 acres), Mr. Carroll can develop seven (7) residential lots, of which the parent tract becomes one (1) lot, and the balance remains farmland, advised Supervisor Cofer. Chairman Spady closed the public .hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of James M. Carroll, Jr. The motion was adopted as follows: .Cofer, Bradby, .Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. B. The application of David J. Moose and R. Mitch Wilcox for a change in zoning classification from Rural Agricultural Conservation. to Conditional Rural Agricultural Conservation. and Conditional Rural Residential approximately twenty-six (26) acres of land located on the south side of Redhouse Road (Route 644) east of its intersection with Courthouse Highway (Route 258} and west of its intersection with Orbit Road (Route 637) in Newport Magisterial District. The purpose of the application is to withdraw the property from the Courthouse Agricultural/Forestal District and divide the parcel for residential use as conditioned. Chairman Spady called for persons to speak in favor of or in opposition to the application R. Mitch Wilcox requested approval of the change in zoning classification. Mr. Wilcox expressed a desire to subdivide the parcel into two (2) lots, each consisting of 12.75 acres. .Supervisor Claud noted under the family member transfer provision, a number of lots could ultimately be platted at this location. Supervisor Claud stated that due to the location of the .parcel he could support the two (2) proposed lots. Mr. Wilcox noted he had two (2) small children that he may wish to provide. land to build a home in order to take care of him in his ailing years. Mr. Wilcox stated he understood that if he did not include this request now, he would not have the right to divide his land later. 1 9 Supervisor Claud noted he could support the request if the applicants are willing to proffer the two (2) lots as a maximum per parcel. 1 Mr. Wilcox volunteered to amend his application from a blanket family member exemption to state a two (2) family- member exemption per proposed lot as he and the other applicant both have two (2) children. County Attorney Crook advised that the normal procedure is to have proffers submitted in writing prior to a public hearing, however, if the Board wished to allow Mr. Wilcox time this evening to submit in writing his volunteer proffer of two (2) family member exemptions per proposed lot, this could be acceptable. 1 Supervisor Cofer moved the Board table consideration of .the application until the end of the pubic hearings to allow Mr. Wilcox time to provide the Board in writing a proffer of two (2) family member exemptions per proposed lot. The motion was adopted unanimously (S-0). C. The application of David S. Lerner for a change in zoning classification from General Commercial to Conditional Suburban Estate, approximately four (4) acres of land located on the north side of Old .Suffolk Road (Route 636) west of its intersection with Windsor Boulevard (Route 460) in Windsor Magisterial District. The purpose of the application is to provide for asingle-family residential lot as conditioned. Chainman Spady called for persons- to speak in favor of or in apposition to the proposed application.. .David S. Lerner of Suffolk stated he would like to build a home on the thirteen (13) acres of land he currently owns in the County.. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Claud noted the parcel is at the gateway to .the County on Highway 460 and has a great ,deal of potential for commercial development. Supervisor Claud noted should the current business ever be removed, this parcel is an excellent piece of land for commercial development that will contain four (4) :acres zoned residential which will greatly affect future commercial development on that tract of land. Supervisor Claud moved the Board deny the application of David S. Lerner. The motion was adopted as follows:. Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none .voting against. 10 BOQA 18 >~:~'366 D. The application of Mark K. and Karen H. Johnson for a change in zoning classification from LI, Limited Industrial to Conditional GC, Conditional General Commercial. The site is approximately two (2) acres of land located at 20101 River Avenue, Battery Park, in Newport Magisterial District. The purpose of the application is .for waterfront activities and an accessory apartment. Chairman Spady called for persons to speak in favor of or in opposition to the application. Mark K. Johnson, applicant, requested the Board's approval to rezone the property from light industrial to a zoning that will allow the development of a marina with forty-five (45) slips. Mr. Johnson stated the land currently has buildings to support a marina with an apartment where his family currently resides and which he recently learned is not a permissible use under his land's current zoning. Chairman Spady closed the public .hearing and called for comments from the Board. For the record, County Attorney Crook noted the matter was supposed to be advertised for public hearing for Conditional General Commercial, which was the recommendation of the. Planning Commission -and what the applicant agreed to. The applicant has provided the proffers and conditions that are part of that conditional zoning. The Board can zone the property conditionally even though it was published for General Commercial, but the Board should be clear on what it is doing, advised Attorney Crook. Supervisor Cofer moved the Board approve the application of Mark K. and Karen H. Johnson as proffered as conditional zoning to CGC. The motion .was adopted as follows:. Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. E. The application of Union Camp Corporation for a Conditional Use Permit to continue the operation of an existing borrow pit, containing one hundred five. (105) acres of land, located on the west side of Jenkins Mill Road (Route 615) adjacent to the Southern Railroad, between the City of Suffolk. Line and Duke's Lane in Windsor Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the application. Jon Woltmann, Counsel, Union -Camp Corporation, stated the application is for renewal of an existing permitted borrow pit currently operating in the County. Its primary use is to support a landfill which has 1 11 ea~~. 1~ .~-;~-~~7 been in operation for many years with no complaints expressed about it, stated Attorney Woltmann. 1 Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Union Camp Corporation. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against; Bradshaw abstained from discussion and voting on the matter.. F. The application of Mary B. Watson- for a Conditional Use Permit to replace a mobile home to be occupied by daughter, Beulah M. Thorpe on property located at 310 Council Road, Franklin, in Windsor Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the application. Upon no one- appearing in favor of or in opposition, Chairman Spady closed the public hearing and called for comments from the Board. :] Supervisor Bradshaw moved the Board approve the .application of Mary B. Watson, with the conditions recommended by the Planning Commission. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); .none voting against. G. The application of Mickey L. Pitts for a Conditional Use Permit to locate a mobile home to be occupied by parents, .Benjamin and Beatrice Pitts on property. located at 3334 Joyners Bridge Road, Carrsville, in Windsor Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Mickey L. Pitts requested the Board approve the application for the location of a mobile home for use by his elderly parents. Chairman Spady .closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Mickey L. Pitts, with the conditions. recommended by .the Planning Commission. The. motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. 12 H. The application of Abner D. & Linda D. Sexton.. for a Conditional Use Permit to locate a mobile home to be occupied for one (1) year while repairing a residence on property located at 10070 Stallings Creek Drive, Smithfield, in Hardy Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the application. Abner D. Sexton requested the Board approve the application to allow him to live. on his property in a mobile home while reconstructing his permanent home. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of Abner D. and Linda D. Sexton, with the. conditions recommended by the Planning Commission. The motion was adopted as follows; Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the. motion (5-0); .none voting against. I. The application of Windsor Health Investors, LLC for a Conditional Use Permit to locate a 120 bed nursing home on the west side of Courthouse Highway (Route 258) between Matthews Drive. and Kensington Court, in Windsor Magisterial District. Chairman .Spady called for persons to speak in favor of or in opposition to the application. Whitney Saunders, Attorney, representing Windsor Health Investors, requested the Board approve the application noting the proposed facility will be located across the street from. another institutional facility and will provide 120 nursing. beds.. The location of utilities are nearby and emergency services are also close at hand to this site: Windsor Health Investors will construct a 44,400 square foot, one (1) story building with a project cost: of approximately $4.5 million dollars. The estimated completion .date is approximately nine (9) months from beginning of construction. The facility wilt employ approximately 110 persons with a payroll of approximately $1.9 million dollars, stated Attorney Saunders. Bob Tender of Smith Pack & Medcom, noted the. facility will be a skilled nursing facility, as well as providing an intermediate level of care and a free standing Alzheimer unit. Chairman Spady .closed the public hearing and called for comments from the Board 13 1 80QK ~~ ~.:' •~~il Supervisor Cofer moved the Board approve the application of Windsor Health. Investors, LLC. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. J. .The- application. of Isle of Wight County for a Conditional Use Permit to construct a 1,000,000 gallon water tank on the north side of Brewer's Neck Boulevard (Route 32 & 258) east of Bartlett Circle and west of Carrollton Boulevard (Route 17) in Newport Magisterial District. (This application replaces the one approved 3/19/98 at a different location on the property. Chairman Spady called for persons to speak in favor of or in opposition to the application. E. Wayne Rountree, P.E., Director of Public Utilities, noted the project was oribinally approved by the Board on March 19, 1998, however, at the request of the landowner, an alternative site on the same tract of land which is less intrusive on the future development of the remaining 102 acres has been offered. 1 Chairman Spady- closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Isle of Wight County. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of 'the motion {5-0); none voting against. Supervisor Cofer moved the Board return to the public hearing on David J. Moose and R. Mitch Wilcox which was tabled to allow the applicant additional time to submit in writing a certain prof~'er the applicant volunteered. The motion was adopted unanimously (5-0). County Attorney Crook advised he .has received a written voluntary proffer to condition that the rezoning application be amended to proffer a maximum of two (2) family member transfers per parcel. The proffer has been. signed by both applicants, David J. Moose and R. Mitch Wilcox, he stated 1 Chairman Spady closed the public hearing and called .for comments from the Board. Supervisor Bradshaw stated he shared Supervisor Claud's earlier. concern with the rural nature of the location. He stated the Comprehensive • Plan provides for the protection of these agricultural areas. 14 ,~ Supervisor Cofer moved the Board approve the application of David J. Moose and R. Mitch Wilcox as conditioned with no' more than two (2) family member .exemption lots per proposed parcel. The motion was adopted as follows: Cofer, Bradby, Spady voting in favor of the motion (3- 1-1); Claud voting against; Bradshaw abstaining from voting on the matter. Supervisor Cofer further moved the Board approve the request for. withdrawal of the said parcel from the Agricultural Conservation District. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Spady voting in favor of the motion. (5-0); none voting against. /I Supervisor Cofer moved the Board return to the .regular order of the agenda. The motion was adopted unanimously (S-0). /i Chairman Spady presented to David Hardy a resolution recognizing him upon his retirement from the Isle of Wight County Industrial Development Authority which was adopted previously by the Board at its January 7, 1999 meeting. Mr. Hardy was also presented a plaque acknowledging his years of service to the County. Mr. Hardy acknowledged -his wife and family and thanked the Board and various other individuals for their support throughout the years. ri Chairman Spady moved the Board take a five (5) minute recess. The motion was adopted unanimously (5-0). it Continuing with the County Administrator's report regarding the transition of SPSA collection service to the County's Department. of Public Works, Supervisor Cofer moved the Board authorize the transition of the SPSA roll-off collection services to the County's Public Works Department, effective July 1, 1999. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Supervisor Cofer moved the Board authorize staff to .purchase the six (6) roll-off containers presently being leased at the net balance :due at July 1, 1999 of $8,968.80. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against 1 ~~ 1 15 Supervisor .Cofer moved the Board authorize staff to negotiate with SPSA on the proposed sales price of the vehicle that is available from SPSA. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting. in favor of the motion (5-0); none voting against. 1 County Administrator Casket' stated, regarding the .matter of the Computer Network Acceptable Use Policy, he would request that the Boazd defer any action at this time. He noted he would bring the Policy back to the Board for its consideration after additional staff review. County. Administrator Casket' stated during the prior fiscal year the. Museum experienced damage due to vandalism and severe storms, however, between that time and June 3D, 1998, only $500 was expended. The work has now been completed and the Director of Parks .and Recreation is requesting that the Board approve a transfer of $9,483 from the Contingency Fund to the Museum ©perating Budget for the completed repairs to the Museum. Supervisor Claud moved the Board authorize a transfer of $9,483 from the contingency fund to the Museum operating budget for repairs to the Isle of Wight County Museum. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. County Administrator Casket' noted the Board of Supervisors Minutes of November 19,' 1998 relative to the Eagle Harbor rezoning application contained an error which provided a $2,000,000.00 per multi-family unit proffer instead of the intended $2,000.00 per multi-family unit proffer. Supervisor Cofer moved .the Board adopt the correction of $2,000.00 per multi-family unit proffer instead of the stated $2,000,000 per multi- family unit and that staff amend the November 19, 1998 minutes to reflect same. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. County Administrator Casket' distributed a request received today from the Hampton Roads Chapter of the Alzheimer's Association to utilize the County seal. on their brochures and publications to indicate they are a non-profit group intended to support the citizens of the County, Franklin and Southampton County. 1 Supervisor Bradshaw moved the Board approve the request of the. Hampton Roads Chapter of the Alzheimer's Association to utilize the County seal in accordance with the noted request. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. 16 County Administrator Caskey presented a request from the Isle of Wight Academy to hold .its annual Easter Egg Hunt ~ on the" Courthouse property and Boykin's Tavern lawn on Apri12, 1999. Supervisor Claud moved the Board grant the request to use .the Courthouse and Boykin's Tavern lawns for an Easter Egg Hunt on April 2, 1999. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. County Administrator Caskey distributed a status report- from Evelyn Chandler concerning funding efforts for Boykin's Tavern. .County Administrator Caskey reminded the Board that the .Business After Hours' event will be held at the Isle of Wight County Museum on March 24, 1999. // Chairman Spady called for Old Business. There. was no old business offered for discussion. // Chairman Spady called for New Business. There was no new business offered for discussion. // Chairman Spady called for Appointments. No appointments were offered. /I Chairman Spady called for the County Attorney's report. County Attorney Crook presented a resolution to establish a policy regarding Riverview Park Memorial Garden for the Board's consideration. He stated the concept, policy and general terms were approved by the Board previously, however, these were not incorporated into a formal resolution for adoption. Supervisor Cofer- moved the Board adopt the following resolution: RESOLUTION TO ESTABLISH A POLICY REGARDING RIVERVIEW PARK MEMORIAL GARDEN ,. 1 17 WHEREAS, there are County citizens who have made significant contributions to the quality of life of all residents of Isle of Wight County, Virginia; and, 1 WHEREAS, the Board of Supervisors of the County of Isle of Wight wishes to recognize deserving individuals or groups of individuals because of their contributions, accomplishments, or meaning.. to the community; and, WHEREAS, the Board of Supervisors has designated Riverview Park Memorial Garden as an area for such individuals or groups of individuals to be memorialized. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Vir~tnia that individuals or groups of individuals deserving of honor will be memorialized at the Riverview Park Memorial Garden. BE IT .FURTHER RESOLVED that individuals or groups so honored will be memorialized in accordance with policies and procedures adopted by the Board of Supervisors of Isle of Wight County. 1 The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. County Attorney Crook noted he has prepared and revised the Sexual Harassment Policy and it will be presented to the Board at its April 1, 1999. meeting for the Board's consideration. Regarding the use of public properly acquired by the Board, County Attorney Crook stated he would discuss the legal. aspects relative. to the proposed use of this property in executive session with the Board later in the meeting. County Attorney Crook informed the Board that he has requested a copy of Southampton County's ordinance regarding railroad crossings. and also performed research on railroad crossings. He advised there is a statute that railroads must keep crossings open if an individual owns property on both sides of the railroad. He noted he would have additional information for the Board at a later date. 1 Supervisor Claud inquired if the County Attorney has had an opportunity to review a Nuisance Ordinance regarding dogs .running loose around dumpster sites. County Attorney Crook notified the: Board that Animal Control has provided him. with a copy of an ordinance being used by another locality 18 wherein dogs were defined as nuisances that could be picked up by Animal Control. However, there is no statute authorizing it, rather the statute limits it to dogs that are vicious. He advised the Board that there first must be a statute. in order for the Board to have the authority to .adopt an ordinance and he is continuing to investigate this issue. In response to Supervisor Claud's inquiry on hunting restrictions, i.e., distances from houses that. hunting can take.. place, County Attorney Crook offered. to provide the Board with a report on the matter. Supervisor Bradby requested staff to prepare a report on what the County can do to prevent sludge from being distributed in the County. // County Administrator Casket' requested an executive session under Section 2.1-344 A 1 of the Freedom of Information Act concerning a personnel matter. County Attorney Crook requested an executive session under Section 2.1-344 A? of the Freedom of Information Act for legal advice concerning potential litigation; under Section 2.1-344 A7 for legal advice concerning intergovernmental contract negotiations; and, under Section 2.1-377 A3 for legal advice concerning acquisition and/or use of public property for public uses. Supervisor Bradshaw requested an executive session under Section 2.1-344 A7 concerning advice of counsel on specific legal matters. Supervisor Bradshaw moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING 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, 2.1-344.1 A of the Code of Virginia requires a certification by this Boazd of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, TI~REFORE, 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 1 i 19 i' 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. i VOTE AYES: (Cofer, Bradby, Spady, Bradshaw and Claud) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Chairman Spady moved the Board refer the farm lease on the property purchased for the Central County Park to the County Attorney to prepare an appropriate lease and execute it for the 1999 crop year. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Supervisor Cofer moved the Board .adopt as policy option #3 which requires amendment to the Comprehensive Plan to be filed separately and .with. the same fee as an application for rezoning. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (S-0); none voting against. Supervisor Cofer moved the .Board refer the proposal from Monette Information Systems to the Director of Budget and Finance for further review in conjunction with the County Attorney for those items requiring legal advice. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor. of the motion (5-0); none voting against. 1 // Chairman Spady moved the Board continue its meeting until 9:00 a.m. on March 26, 1999 for the purpose of conducting a work session on the budget. ~~ O. A. Sp , Chairm W. Dou key, C a 20 i