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01-20-2000 Regular MeetingREGULAR. MEE3'ING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF JANUARY IN THE YEAR TWO THOUSAND. PRESENT:. Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice-Chairman Stan D. Clark 'Robert C. Claud, Sr. Richard K. MacManus Also Attending: H. Woodrow Crook, Jr., .County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Claud. The Pledge of Allegiance was conducted. // Chairman Bradshaw called for Special Presentations Anita Marie Runkel addressed the Board on her recent trip to Isle of Wight, England. She presented the Board with negatives of photographs of her recent trip, as well as a handmade pottery saucer from the Isle of Wight Council. She advised that Isle of Wight, England representatives are planning a Spring visit to the County. County Administrator Caskey advised. the Board that Michael Williams, .Regional Manager, Falcon Cablevision, would not be able to address the Board this evening due to an illness. Mr.:Caskey noted he would invite Mr. Williams to attend the Board's February 17, 2000 meeting. Chairman Bradshaw requested appropriate .public notices be again. placed in the newspapers notifying the public of Mr. William's appearance before the Board. // Chairman Bradshaw indicated the following Consent Agenda included Items 2, A through C, and asked if there were any items for removal i~ °~ i~ A. Delinquent Real Estate Tax Collection Monthly Report B. December 9, 1999 Continued Meeting Minutes Bo~~ i0 ~;:.~ 07 C. December 16, 1999 Regular Meeting Minutes Supervisor Bradby moved the Board approve all items of the .Consent Agenda. The motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0} and no .Supervisors voting against the motion. II Chairman Bradshaw called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, noted that the VDOT Resident Engineer was present and would brief the Board on any outstanding transportation projects in the County. Mr. Hartley stated in regards to the request for a bicycle trail on the Jones Creek Bridge, there is no bicycle lane included on the bridge at this time. Mr. Hartley referred. to a letter he distributed earlier to the Board from the Resident Engineer concerning a request for a speed study on Stevens Drive to which VDOT has advised that the speed limits were not excessive, but does suggest the installation of two (2) reverse curve signs. Responding to Supervisor MacManus' inquiry if the County needed to include -.the turn lane on Kings Cove Way on the County's item list, MacFarland Neblett, VDOT Resident Engineer, replied that VDOT strongly recommends that the County make this request during the Preallocation Hearing in April. County Administrator Caskey noted that the Board will be considering a resolution at its March meeting that will be presented at the Preallocation Hearing. Mr. Nebiett responded to various requests from the individual Board members concerning status reports on various outstanding transportation items. Michael Uzzle .requested the status of his previous request to have school -bus .stop signs installed in the various communities. Mr. Hartley advised he would forward comments referencing VDOT standards for such requests to Mr. Uzzle. Pat Clark, on behalf of the Carrollton. Civic League, requested the Board's assistance in receiving help for the maintenance of Yellow -Rock. Road (private right-of--way). Mr. Hartley noted he is in the process of setting up ameeting with Mr. -Hill and other interested residents regarding the process involved in having Yellow Rock Road. taken into the State system and that. he would have additional information for the Board at its February 17, 2000 meeting. 2 B~~K 1r~ ,h;. 08 Supervisor Bradby presented a request-to Mr. Neblett from. a resident in the Rushmere Shores area to clean the debris in the roadway. Mr. Hartley presented a draft copy of the Six Year Plan Annual Budget for 2000-2001, Six Year Plan for Secondary Roads and the Candidate List for Paved and Unpaved Roads. He noted Sandy Ridge Road, Duck Town Road, Campbells Chapel Road and Whispering Pines Trail have been moved up on the Six Year Plan which pushes back on the timetable Route 620 and Route 603. Mr. Hartley requested the Board set its. public hearing on the Budget. and Plan for February 17, .2000. Supervisor Claud moved the Board set the public hearing for February l7, 2000. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley distributed a letter from James Cleveland, District Administrator, VDOT concerning the 260 Connector project. He noted Mr. Cleveland has advised that funds to build the road must come from the Route 58-development program which will require that the bond limits be increased. Mr: Hartley presented for the Board's consideration a resolution requesting that the bonding limit be increased by $11.5 million. Supervisor Claud moved the Board. adopt the following resolution and that it be forwarded. to the County's legislative delegation and the Commonwealth Transportation Board members: RESOLUTION OF THE BOARD OF SUPERVISORS OF LSLE OF WIGHT COUNTY, VIRGINIA REQUESTING AN INCREASE IN THE BOND LIMIT ON THE ROUTE 58 CORRIDOR DEVELOPMENT PROGRAM FOR THE ROUTE 260 FRANKLIN CONNECTOR. WHEREAS, the Route 260 Franklin Connector. was initiated in 1967 to provide an improved link between the Route 58 Franklin Bypass and .the intersection of Routes 258 .and 58 Business; and, WHEREAS, the northern .portion of the Route 260 Franklin Connector was delayed for more than fifteen .years until 1997 when the U. S. Army Corps of Engineers approved a corridor through jurisdictional wetlands; and,. WHEREAS, this road improvement would provide an opportunity to enhance future economic development in the southern portions of Isle of Wight County, consistent with the County's Comprehensive Plan; and, WH)/REAS, construction of the Route 260 Franklin Connector would alleviate ruck traffic through a residential community, .which- has been [1 I~ 3 9o~r ~.~) ~r;:: Q~ 1 compounded. by a prohibition of truck traffic through the City of Franklin; and, WHEREAS, funding for this project was transferred to other projects in the Route 58 Corridor by the Commonwealth Transportation Board, leaving no funding for the construction of this $11.5 million road improvement. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the assistance of the General Assembly is requested in securing funds for this project by increasing the bonding limit on the Route 58 Corridor Development Program by at least $11.5 million specifically designated for the construction of the Route 260 Franklin Connector. BE IT FURTHER RESOLVED that the .County Administrator is to convey copies of this resolution to the County's Legislative Delegation to the General Assembly and the County's representatives on the Commonwealth Transportation Board, as well as the Suffolk District Administrator for the Virginia Department of Transportation. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion and no Supervisors voting against the motion. 1 Chairman Bradshaw moved the Board direct staff to also forward the resolution to the City of Franklin and Southampton County requesting their support. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw requested that the County Attorney explain the procedure for public hearings to the new Board members,. MacManus and Clark. 1 .County Attorney Crook explained that normally when a public hearing is opened, the Board. hears from those who are proposing the application and the citizens that are in favor of it, followed by citizens who have questions or are in opposition to an application and then the applicant has the opportunity to respond to questions. County Attorney Crook noted when a public hearing is closed, no further public comment is allowed and the matter is for the discussion of the Board members. He noted should a Board member have a particular question, the applicant may be allowed to come up to answer questions where the Board seeks additional information. // Chairman Bradshaw called for Citizens Comments. 4 900A 1:J •,.::~ 10 Natalie Bradby, Chairperson, Commission on .Aging, addressed the Board concerning annual activities within that organization. Pete Green addressed the Board on an incident which occurred on Mill Creek Road in which he was solicited for sex. County Attorney Crook stated he had researched the matter and forwarded. it to the Commonwealth Attorney, W. Parker Council, who deals with criminal statutes and the prosecution of such crimes in the County. He stated he has not yet heard back from Mr. Council. but he would pursue this. further with him. Supervisor Clark moved the Board request the County Attorney to coordinate with the Commonwealth Attorney to request .Delegate Barlow to investigate whether or not a State Bill can be drafted or suggest an .alternative to allow the County to adopt an ordinance to cover this type of incident in the ..State laws. The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Michael Hellman notified the Board that he would be appearing before the Board again later in the year on the concept of a skateboard/inline skate park in the Smithfield area. /! At 7:00 p.m., Supervisor Claud moved the Board conduct the public hearings. The motion was adopted unanimously (S-0). Chairman. Bradshaw called for a public hearing on the following: The .application of Ernestine Turner for a change in zoning classification from NC-Residential Limited to Rural Agricultural Conservation, .826 acre of land located at 3.1404 Lelia Lane, Carrsville, in Windsor Magisterial District. The purpose of the application is to provide zoning for the location of a mobile home. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. Ernestine Turner appeared and stated the proposed home is for elderly. persons who are presently living in a dilapidated residence. She noted it is not cost effective to renovate the existing house. Chairman Bradshaw closed the public hearing and called for comments from the Board. 1 S Supervisor Claud moved the Board approve the application of Ernestine Turner with the condition that the existing residential structure be demolished within one (1) year. The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of Lewis E. Carr, owner and Robert L. Chavis, Jr., prospective owner, for a change in zoning classification from Rural Agricultural Conservation to Rural Residential approximately one (1) acre of land located on the east side of Little Norfolk Road (Route 634) south of Walters Highway (Route 258) and north of Rhodes Drive (Route 633) in Windsor Magisterial District: The purpose of the application is for one single-family residential lot. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. Bobby Chavis, Jr. requested the Board. approve his application to allow him to build asingle-family dwelling. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw moved the Board approve the application of Le«-is E. Carr and Robert L. Chavis. The motion was adopted with Supervisors Machianus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of Quincy B. Gilliam and A.S.K. to amend Conditional General Commercial zoning of approximately 2.1 acres of land located on the north side of Courthouse Highway (Route 258) between «'aterv-~orks Road (Route 709) and Foursquare Road (Route .620) in Hardy I\lagisterial District. The purpose of the amendment will allow the property to be utilized for professional office space. It1_r. Hartley notified the Board that the application was -not properly adti~ertised for the Planning Commission public hearing and he would recommend the Board table considLration until its February l7, 2000 mee2~ng. Su~rt~isor Claud moved .the B~sard defer the public hearing on the Gilliam application until the B~,ard's Fc;bruary 17, 2i~U0 meeting. The naoti.©n was advpted with Supervis«rs ,MacManus Bradby, 13radShaw, Clark ~} and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of C&P Water Company for a Conditional Use Permit to provide a community water system for the subdivisions of Brewers Creek, Cedar Grove and Quail Meadows which are located on Cedar Grove Road (Route 661) in Newport Magisterial District. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. Robert Jones, .Attorney representing C&P Water Company, requested the Board approve. a Conditional Use Permit to allow the withdrawal of an excess of 50,000 gallons of water. County Attorney Crook advised that Brewer's Creek, Cedar Grove and Quail Meadows Subdivisions were. approved .with, the condition that if the County did not have the water available, water could be obtained via a .private source. He stated when C&P applied to the State Corporation Commission, the County did not object because it was part of the approval of these subdivisions. Chairman .Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the. application of C&P Water Company. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of the Mary A. Cutchin Estate and Crown Communication, Inc. for a Conditional Use Permit to construct a self- supporting lattice tower of one hundred eighty-five feet and provide an equipment pad at the base of the tower. Said property is located at the southeast intersection of Carrsville Highway .and Carver Road in Windsor Magisterial District. Chairman Bradshaw called for persons to speak in favor of or in opposition. to the proposed application. Glenn Hampton, .Attorney with McQuire, Woods, Battle and Boothe representing Suncom, a user of the proposed tower, requested .the Board approve the. application. ~I ~_ 7 ~o~.r 1`.} 1.3 Following an inquiry from Chairman Bradshaw if the underground concrete would be removed at the tower site, to which Attorney Hampton replied "no", Chairman Bradshaw noted the proposed site is also the location. of a proposed four-lane highway and VDOT has discussed installing a flyover at Route 58 Business and the railroad track. He further noted if the application is approved, the flyover would come across this property and access roads to enter Route 258 would be required. .Chairman Bradshaw expressed concern with the impact the proposed tower might have on these roads in the future. Chairman Bradshaw closed the public hearing and called for comments from the Board. Mr. Hartley distributed a copy of a memorandum from Patrick J. Small, Director of Economic Development, stating that the proposed site is located in an area surrounded by a number of sites that the Department of Economic Development is currently marketing for industrial use. Mr. Hartley stated Mr. Small is requesting an opportunity to review the request further and work with the applicant on any issues relating to the impact this application may have on the property's industrial potential. County Attorney Crook advised that the County has a need for. tower communications space at that end of the County and Cro~~m Communication as constructing another tower that is in a better location for the County and the County is reserving space on that tower. Supervisor Claud moved the Board table consideration of the application until the Board's February 3, 2000 meeting. In the meantime, staff is to review concerns regarding the access road and Supervisar Clark's concerns expressed regarding security bonds. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark :and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: 2000 Transportation Enhancement Project - Boykin's Tavern Renovation Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. Debbie J. Sivertson, Administrative .Analyst, provided the Board with a brief overview of the application. Chairman Bradshaw closed the public. hearing and called far comments from the Board. 8 90~r ~~~ .r ~ 1~ Supervisor Claud moved the Board approve the application for submittal. to VDOT and the following resolution: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE BOYKIN'S TAVERN RENOVATION PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution by received from the .local government or state agency in order that the Virginia Department of Transportation program may approve an enhancement project in the County of Isle of Wight. NOW, THEREFORE, BE IT RESOLVED that the Board. of Supervisors of the County of Isle of Wight, requests the Commonwealth Transportation Board to approve and establish project funds for the completion of the renovations to historic Boykin's Tavern. BE IT FURTHER RESOLVED -that the Isle of Wight County Board of Supervisors hereby agrees to pay. a percentage of the total cost for- the planning and design, right-of--way, and construction for the Boykin's Tavern Renovation Project. The motion .was adopted with Supervisors MaclVlanus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: An Ordinance to Amend the Zoning Ordinance of Isle of Wight County, Virginia. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Ordinance. Mr. Hartley stated the Planning. Commission in 1998 created a committee to draft amendments to the Ordinance. He noted the current ordinance went into effect July 1, 1997 and, since its adoption, staff has kept a list of issues as they arose. He briefed the Board on the Planning Commission's basic objectives, as contained in the agenda report. Chairman Bradshaw closed .the. public hearing and called for comments from the Board. Supervisor ,Clark moved the Board table consideration of the ..Ordinance until the Board's February 17, 2000 meeting to allow staff 9 1 1 j ~~.~r. ~ 1~1 ... 15 additional time to research the questions posed by Board members tonight regarding Sections 3603, 3605, 3703, 3734, 3740, 3743, 3807, 7204, 37.13 and 3801. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. u Chairman Bradshaw requested the County Attorney contact the Commissioner of the Revenue concerning taxing ability by the County. // Chairman Bradshaw called for the continuation of Citizens Comments. Phillip Gorsie requested that the Board. rescind its policy to not allow opposition to speak after the applicant has had a second option to present hislher case. Robin Land spoke in opposition to the Spivey borrow pit citing road safety concerns. County Attorney Crook noted the matter of the Spivey borrow pit is listed under Old Business on the agenda, which was. tabled at the Board's last meeting. He noted if the Board wished to hear from the applicant again, then the Board should also hear from the opposition. Supervisor Clark moved that the item under. Old Business regarding the application of M.D. Spivey be opened up for comment and that the. applicant be able to speak first,. followed by the citizens. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion and no Supervisors voting against the motion. Darren Clipper requested that military personnel be granted an exemption from purchasing County decals. Supervisor MacManus moved that the Board direct staff to review Mr. Clipper's request to allow exemptions for military personnel in regards to other communities. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the. motion. County Attorney Crook noted he would review the statutes and report back to the. Board on the matter. 1 Terry Robertson requested the Board's consideration on appointing two (2) at large Board members to the School Board. 10 County Administrator Casket' .read a letter for the record written by Thomas Finderson addressed to the Board requesting it appoint two (2) at large Board members to the School Board. Supervisor MacManus moved the Board direct the County Attorney to evaluate and report back to the Board on the matter of two (2) at large Board. members to the. School .Board at the Board's .retreat scheduled for February 5, 2000. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud .voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for the Community Development report. Mr. Hartley requested the Board's consideration of an appropriation to employ a lobbyist to represent the Virginia Coalition of High Growth Communities. Supervisor Claud moved the Board endorse the Mission Statement and Legislative Objectives of the Virginia Coalition of High Growth Communities and appropriate $1,000 from the contingency fund for the purposes of employing a lobbyist to represent the Virginia Coalition of High. Growth Communities. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, .Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley briefed the Board on information pertaining to communication tower structures in Isle of Wight County. Supervisor Bradby moved the Board direct staff to invite a representative to speak before the Board that can advise the Board on the potential impacts of tower structures in the County, as well as the changing technology issues.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for the Economic Development. report. Patrick. J. Small, Director ofEconomic Development, presented a grant application from the Virginia Department of Transportation to construct an industrial access road at the Route 460. industrial park property for the Board's consideration. He noted this is one of several infrastructure improvements needed at this site prior to the County being able to successfully market the property. 1 1 gnnc ~~ ;~ ~' ~ 1 Supervisor Claud moved. the Board adopt. the following resolution: RESOLUTION TO SUBMIT A BONDED PROJECT APPLICATION FOR INDUSTRIAL ACCESS ROAD FUNDS TO THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION u WHEREAS, the Isle of Wight County Industrial Development Authority has acquired property located in Isle of Wight County for the purpose of industrial development; and WHEREAS, this property is expected to be the site of new private capital investment in land,. building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or highway and will require. the construction of a new roadway to connect with Route 460; and WHEREAS, the County of Isle of Wight hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; NOW, THEREFORE, BE IT RESOLVED THAT: The IsIP of Wight County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to-this property; and BE IT FURTHER RESOLVED THAT: The Isle of Wight County Board of Supervisors hereby agrees to provide a surety or bond, acceptable to .and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety. shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur within three years of the. Commonwealth Transportation Board's allocation of funds pursuant to this request; and BE IT FURTHER RESOLVED THAT: The `Isle of Wight County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Isle of Wight County Secondary System of Highways. Mr. Small presented a request for support in securing a legislative appropriation of $100,000 to a regional small business development center. He noted the funds would be used to add apart-time staff person fora two- (2) year perodresponsible for servicing the City of Franklin, Southampton County and Isle of Wight County. He stated the County's local Chamber of Commerce has agreed to provide an in-kind match of office space and telephone. 12 9~~r ~~ •,:~~ 18 Chairman Bradshaw moved the Board authorize the .County Administrator .and. the. Director of Economic Development to coordinate appropriate -staff efforts to support the Chamber. of Commerce in this effort. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no Supervisors voting against the motion. Mr. Small presented an invitation. to the Board to attend the Hampton Roads Economic Development Alliance's annual luncheon meeting. // Chairman. Bradshaw called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, presented a request from Carl Garrison, Garrison Forestry Services, to utilize the old County landfill road for. a logging operation located on an adjacent piece of property. Mr. Rountree stated he would recommend the Board approve the request with the condition that some type of surety bond be posted to protect the County's interest. County. Attorney Crook distributed photographs of the road under consideration during a wet season. He noted that during wet weather, log trucks will not be able to travel the road. He noted this is not really a road, rather a path to the landfill which is very sensitive and which the County has been attempting to close for many years. County Attorney Crook stated he did not recommend the. Board approve the request.. Carl Garrison, Garrison Forestry Services, stated logging will only be done during dry periods of time. He stated the logging company will be required to pull gravel, sand or mats in to assist with deterioration of the road. He stated he intends to include inthe timber deed a separate .right-of- way agreement to be able to provide to the County stipulating that the road will be maintained. County Attorney Crook questioned if there is access to Route 709 from the tract of land under discussion. Mr. Garrison replied `des" but they intend to use Route 679 in addition to Route 709. Supervisor Claud noted he would like to accommodate the request, however, he believes the risk to the County, knowing that there is access to another road which could be used, is something he is not willing to take with the landfill 1 1 13 5,~~,t .~~~ i..: 19 County Attorney Crook distributed a photograph of the site illustrating problems with the old landfill cover.. He stated erosion has been a problem and noted this .road sits on the highest part of the land which slopes down and the landfill cover is .subject to any drainage coning from that road going down to the ravine. He stated the County has had difficulty with the State Water Control Board and the Department of Environmental Quality and. to come in now with a logging company utilizing the road is dangerous and risky to the landfill cover. Supervisor Clark moved the Board direct staff to .invite an appropriate SPSA representative to visit the site and address the Board on the risk factors and that staff prepare an appropriate report to the Board: The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors .voting against the motion. County Administrator Caskey noted that the County landfill is officially closed and the County was notified by the Department of Environmental Quality that the County has met all closure requirements last year, however, the County does have some rather strenuous post-closure requirements. // At 9:00 p.m., Chairman Bradshaw moved the Board take afive-minute recess. The motion was adopted unanimously (5-0). Upon returning to .open session, Chairman Bradshaw called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation, presented a Resolution to Name the Camptown Community Center the Otelia J. Rainey Community Center for the. Board's consideration. Chairman Bradshaw moved the Board adopt the following resolution: RESOLUTION TO NAME THE CAMPTOWN COMMUNITY CENTER THE OTELIA J. RAINEY COMMUNITY. CENTER WHEREAS, Mrs.. Otelia J. Rainey was a charter member of the Isle of Wight County Public Recreational. Facilities Authority appointed by the Isle of Wight County Boai•d of Supervisors in 1974 and served thereon continuously representing the Carrsville .Election District until the dissolution of the Authority in l 998; and, WHEREAS, Mrs. Otelia J. Rainey has continued her involvement with Recreational Programs and Facilities throughout .Isle of Wight County as a member of the Isle of Wight Parks and Recreation Advisory Committee, 14 appointed by the Isle of Wight County Board of Supervisors in 1998 until her death November 1, 1999; and, WHEREAS, Mrs. Otelia J. Rainey was instrumental in the development of the Camptown Park and Cor~nmunity Center; and, WHEREAS, Mrs. Otelia J. Rainey has impacted the lives of countless youth and adults throughout her distinguished twenty-five (25) years of service to her community and the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes the accomplishments and outstanding service to the citizens of Isle of Wight County by Mrs. Otelia J. Rainey by naming .the Camptown Community Center, the "Otelia J. Rainey Community Center" located at Camptown Park, 33475 Carver Road. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Nogiec briefed the Board on the storm damage/renovations to the Isle of Wight/Franklin Skating Rink. He requested the Board approve an allocation of $_15,000. for temporary repairs to the property. Ludford T. Creef, III, Director of Pu61ic Works, stated the County has expended a great deal of funds in order to improve the interior of the building. He stated the outside of the building-still needs .improvement, i.e, driveway, inadequate lighting and needed repairs to the gutters. Supervisor Claud moved the Board allocate $15,000 from the Capital Budget contingency fund for temporary repairs to the property.. The motion was adopted with Supervisors MacManus, Bradby,- Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Nogiec presented a request from the Eastern Virginia Mountain Bike Association that the Board adopt a resolution to the Virginia Department of Conservation and Recreation so that the County can apply for a grant to enhance the mountain bike trail at Nike Park. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO SUBMIT THE APPLICATION FOR VIRGINIA RECREATIONAL TRAILS FUND PROGRAM AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION 15 F,,~, ~ ~.~~ r ::~ 21 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submittal of a grant application requesting funds from the Commonwealth of Virginia, Department of Conservation and Recreation; and, WHEREAS, the funds in the amount of eleven thousand eight hundred dollars ($11,800.00) from the Virginia Department of Recreation and Conservation need to be accepted and appropriated to the Capital Budget Line Item for the Carrollton Nike Park Bike Trail Renovation Project, in the FY 2000/2001 Capital Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that funds in the amount of eleven thousand eight hundred dollars ($11,800) or as much as shall be received from the Commonwealth of .Virginia, Department of Recreation and Conservation be appropriated to the Capital Budget Line Item for the Carrollton Nike Park Bike Trail Renovation Project in the FY 2000/2001 Capital Budget of the County of Isle of Wight. BE IT FURTHURE RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0} and no Supervisors voting against the motion. Mr. Nogiec presented a program being initiated by the Virginia Department of Game and Inland Fisheries entitled Virginia Coastal Birding Trails. Mr. Nogiec stated the. Department of Game and Inland Fisheries is requesting. nominations of facilities that might fall into this area and he would recommend that the Board authorize the nomination of Carrollton Nike Park and Fort Boykin Historic Park. Supervisor MacManus moved the Board approve the .recommendation of the Department of Parks and Recreation that the County nominate Carrollton Nike Park and Fort Boykin Historic Park to be included in the proposed Virginia Coastal Birding Trail Program. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Clark moved the Board amend the regular order of the agenda in order to hear the following item concerning the application of M. D. Spivey listed under Old Business. The motion was adopted unanimously (5-0). 16 soot ~.~ ~~ 22 The application of M. D. Spivey, owner and Sandy Bottom Material, Inc., operator. for a Conditional Use Permit to excavate a borrow pit including eight (8} acres located off the east side of Longview Drive (Route 602} on Spivey Lane in Newport Magisterial District. Tabled December 16, 1999. Mr. Hartley stated the application was tabled to encourage the applicant to address the concerns of surrounding neighbors. He noted that while he has not been successful in contacting- Mr. Gorsie, he has had an opportunity to speak with Attorney Pretlow who indicated that there may be a solution to address the citizens' concerns. He stated the site is currently accessed over Oliver Drive and Longview Drive with partial County access through Sandy Ridge Road and Audubon Road in Suffolk. He stated the Six-Year Plan contains an improvement to Sandy Ridge Road, which will bring this road up to a paved road and which will be an alternate access to this property. He stated that the conditions recommended by the Planning Commission are contained in the letter from Attorney Pretlow dated November 5, 1999. Attorney Pretlow stated this pit will be used up in three. (3) years which is before .Sandy Ridge. is paved. He requested two (2) conditions be placed an the application which will address all safety concerns, as follows: 1) normal pit hours will be 7:00 a.m. until .5:00 p.m., Monday through Saturday and, 2} all trucks shall enter and exit southerly from the pit so that there is not any traffic on Oliver Drive or on the bridge section. Phillip Gorsie confirmed that these conditions do address the safety concerns of residents along Oliver Drive. Pat Clark requested the Board .fully examine the memorandum submitted by Robin Land to .see if those facts agree with the latest proposal submitted. Supervisor MacManus noted the only issue addressed by Ms. Land which was not resolved concerned the environmental impact associated with the borrow pit. Mr. Hartley. stated the operation, prior. to start-up, will require the review and approval of a plan, at -which time issues such. as water quality and areas designated as resource protection areas under the Chesapeake Bay Act will be addressed. Supervisor Claud moved the Board approve the application of M.D. Spivey and Sandy Bottom Material, .Inc. with the following three (3) conditions: 1) hours of operation are from 7:00 a.m. until 5:00 p.m., Monday through Saturday, 2) all trucks will enter and exit. on the southerly route as shown on the sketch and 3} no tractor trailers permitted to use the pit. The motion was adopted with Supervisors MacManus, Bradby, 1 ii 17 Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // .Supervisor. Claud moved the .Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). /! Chairman Bradshaw called for the County Administrator's report. County Administrator Casket' stated the Main Street Baptist Church (Smithfield) is working cooperatively with Aaron Affordable Housing Cooperation to develop a housing project in the Town of Smithfield. He noted preliminary funding has been secured from the Virginia Department of Housing and Community Development. He stated Main Street Baptist Church is requesting the Board's consideration of a resolution to support the development of affordable housing. Reverend Harrison requested the Board's. conceptual support. He noted he would bring back the pr©posed drawings for presentation to the Board at a later date. 1 Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO SUPPORT THE DEVELOPMENT OF .AFFORDABLE HOUSING WHEREAS, the Board. of Supervisors of the County of Isle of Wight, Virginia recognizes the significance of homeo~~-nership to the quality of life of the County's citizens; and, V-~'HEREAS, the Board of Supervisors is also aware of the importance of affordable housing opportunities for citizens within low to moderate income levels; and, WHEREAS, Main Street Baptist Church and Arrow Affordable Housing Corporation are working cooperatively to develop affordable housing opportunities in Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS fIEREBY RESOLVED that the Board of Supervisors expresses its support of the efforts of Main Street Baptist Church and Arrow Affordable Housing Corporation to work cooperatively to develop affordable housing opportunities in Isle of Wight. County. 1s The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County .Administrator Caskey presented a request for funding by the Isle of Wight TRIAD/SALT Council. He recommended the Board authorize an appropriation in the amount of $3,100 from the contingency fund to serve as start-up money for the County program. Deputy Sheriff Edwards, Chairman for the TRIAD, spoke on behalf of the program stating there currently are no Federal ~or State grants to fund the program. Supervisor MacManus moved the Board authorize an appropriation of $3,100- from the contingency fund account. to serve as start-up funding for the Isle of Wight TRIAD Program and that the Board be updated periodically by the TRIAD Council. The motion was adopted -with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey acknowledged .the Camp Foundations for their generous contributions and requested the Board adopt the resolution contained in the agenda accepting and appropriating $13,000 for fire and rescue services. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE THIRTEEN .THOUSAND DOLLARS FROM THE CAMP MOUNTS, RUTH CAMP CAMPBELL AND CAMP FOUNDATIONS FOR FIRE AND RESCUE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received donations for fire and rescue services; and, WHEREAS, the funds in the total amount of thirteen thousand dollars ($13,000) .need to be appropriated to the appropriate fire and rescue line -items in the l 999-00 budget ofthe-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 thirteen .thousand .dollars ($13,000) be accepted and appropriated to the Carrsville Fire Department ($5,000), the Windsor Rescue Squad. ($5,000), and the Windsor Fire Department ($3,000) in the 1999-00 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 19 accounting ,adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the .motion. County Administrator Caskey presented a resolution to accept and appropriate $25,000 for. repairs at the Isle of Wight/Franklin Skating Rink for the Board's consideration. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY FIVE THOUSAND DOLLARS FROM THE CAMP YOUNTS AND CAMP FOUNDATIONS FOR REPAIRS AT THE ISLE OF WIGHTJFRANKLIN SKATING RINK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received donations for repairs to the .Isle of Wight/Franklin Skating Rink; and, WHEREAS, the funds in the total. amount of twenty five thousand. dollars ($25,000) need to be appropriated to the appropriate Skating Rink Fund line items in the 1999-00 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 five thousand dollars ($25,000) be accepted and appropriated to the Isle of Wight/Franklin Skating Rink Fund in the 1999-00 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 with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Regarding the issue of the transition of Parks and Recreation maintenance personnel to the Department of Public Works, Mr. Robertson recommended that the position of Public Works Superintendent be included in the County's Pay and Classification Plan. Supervisor Clark moved the Board direct. staff to include the Public. Works Superintendent with appropriate .grade in the County's Pay and 20 a~, ~.~ .:~ 26 Compensation Plan. The motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. .Robertson distributed an amendment to. the Board report contained. in the agenda regarding the transition of the Tourism Department into a County department. He noted the amendment includes .revisions to -the grades that are listed for the Consumer and Group Sales Manager and .the Visitor's Center Manager positions, which he recommends, be included in the County's Pay and Classification Plan. .Supervisor MacManus moved the Board direct staff to bring the Director, Consumer and. Group Sales Manager, Visitor's Center Manager and the Docent positions into the County's Pay and Compensation Plan. The motion was adopted with Supervisors MacManus, .Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Regarding the issue of staffing within the Department of Economic , Development, Mr. Robertson recommended that the secretarial position, which is currently vacant, be reclassified as an Economic Development Research Specialist to provide additional support to the Director via marketing efforts, develop programs, market properties and create a second tier professional position within that department in lieu. of having a secretary. Mr. Robertson advised he would be requesting. the Board, in the near future, to include this position in he County's Pay and Classification Plan. Supervisor Claud moved the Board support the recommendation by staff that the Secretary vacancy within the Department of Economic Development be filled with an Economic Development Research Specialist in lieu of a Secretary. The motion was adopted. with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against. the motion. Mr. Robertson briefed the Board on recent activities associated with securing part-time personnel for the Carrollton and .Smithfield Fire Departments and the Isle of Wight Rescue Squad. He noted four (4) individuals have been hired and he is currently recruiting additional individuals to work in the area of emergency medical services at the Squad. He stated personnel have also been. secured for the fire departments, who will come onboard next week. County Administrator Caskey noted the Director of Budget and Finance has prepared a proposed budget calendar for the Board's consideration and same will be forwarded to the Board in the near future. u CI 21 °~~~~ ~_t~ -~: Z7 Chairman Bradshaw noted a need to appoint two (2) Board members to the Board's Finance Committee. Chairman Bradshaw moved the Board appoint Supervisors Claud and MacManus to the .Board's Finance Committee. The motion was adopted unanimously (5-0). County Administrator Caskey reminded the Board that its annual Town Meeting is scheduled for January 27, 2000 at 7:30 p.m. at Hardy Elementary School. // Chairman Bradshaw called for Old Business. Red Oaks Mobile Home Park Water System. Tabled December 16, 1999 County Administrator Caskey distributed a copy of a letter received in his office from Attorney Fred Quayle, representing the applicant, requesting that the. Board table consideration of the matter until its April 6, 2000 regular meeting. Supervisor Claud moved the Board table consideration of the matter until the Board's April 6, 2000 meeting. The motion. was adapted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw requested a status of consultant services within the County regarding fleet management transportation issues. County Administrator Caskey. stated he, in conjunction with the Superintendent of Schools, are in the process of reviewing fleet management transportation issues. Chairman Bradshaw requested the County Administrator review the feasibility of consolidating the maintenance of schools. Supervisor Clark requested a staff provide the Board with a report regarding a unified 911 system. // Chairman Bradshaw called-for New Business. Chairman Bradshaw requested the County Administrator investigate the possibility of acquiring land from .International Paper that was flaoded during Hurricane Floyd to be used as a future County boat ramp or recreational park. 22 ~i 90~~ 1~ ~r::,- 28 Chairman Bradshaw called for Appointments. Supervisor Claud moved the Board reappoint Wesley Ray Holland to the Planning Commission representing the Windsor District for an additional four-(4} year term, which will expire in February of 2004. ,The motion was adopted unanimously (5-0). Supervisor Claud moved the Board appoint Richard Childress to serve as the County's representative to the Tidewater Emergency Medical Services Council, Inca ITEMS), replacing Don Robertson. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved .the Board appoint Manara Patterson, replacing William H. Barrett on the Western Tidewater Community Mental Health and Retardation Services Board.- Ms. Patterson's term will expire in January of 2003. The motion was adopted unanimously (5-0). Supervisor Bradby -moved the Board reappoint Natalie Bradby. to the Commission on Aging representing the Hardy District for an additional three (3) year term which will expire in February of 2003. The motion-was adopted unanimously (5-0). // Chairman. Bradshaw called for the County Attorney's report. County Attorney Crook stated .Falcon Cablevision applied for a transfer from Insight Cablevision to Falcon Cablevision in 1998 which was approved by the Board. He stated the County licenses cablevision, rather than granting a franchise, which is done pursuant to a statute. He stated the reason for the licensing is because the cablevision company does not cover the entire County and the Board grants them a license rather than an exclusive franchise. He stated one of the problems with Falcon Cablevision at this time is that it is .being acquired by Charter, which believes it does not need a transfer from Falcon Cablevision. because they are acquiring ownership of Falcon Cablevision. He stated he has taken the position. that Charter does have to make application for a transfer from Falcon Cablevision to Charter. County Attorney Crook presented an agreement between the County and American Tower, which he recommends the Board approve. He stated removal of the tower .below the ground and the security bonds are not included in the agreement. He stated the County needs a tower at the Courthouse (Public. Works Compound) and this .tower is located at the. Courthouse and he recommends the. Board consider exempting this tower from the below ground removal. 1 23 Supervisor Claud moved the Board approve the agreement between the County and American Tower as recommended by the County Attorney. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 County Attorney Crook stated the Federal government has a communication .tower located at Nike Park that is leased from the County at $1,200 per year. He stated the Federal Government has requested that the site be converted to a National Digital Global Positioning System and that it be leased to them at no charge for that purpose since the County will benefit from this conversion. Supervisor Clark moved the Board concur with. Attorney Crook's proposal that the Board offer to the Coast Guard use of the site at $1,200 per year. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // i County Attorney. Crook requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning three (3) property matters involving acquisition of property where public disclosure would affect the County's bargaining position and under Section 2.1-34 Al concerning a personnel matter. County Administrator Caskey requested a closed session under Section 2.1-344 A3 of the. Freedom of Information Act concerning acquisition of property for public use for economic development prospects requiring advice of counsel and under Section 2.1-344 A l concerning eight (8) personnel matters. Mr. Rountree requested a closed session under Section 2.1-344 A7 of the Freedom of Information Act concerning a contractual matter involving advice of counsel Supervisor Bradby moved the Board enter closed session for the reasons stated. The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the. motion (5-0) and no Supervisors voting against the motion. 1 Upon returning to open session, County Attorney Crook stated that only those matters identified in the motion to go into closed session were discussed in closed session and those matters qualified for closed session discussion under the Freedom of Information Act except for one item. that was brought up, but was not discussed, and was referred to open session. 24 .Supervisor MacManus then moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on . WHEREAS, 2.1-344.1 A of the Code of Virginia requires a certification. by this Board.. of Supervisors that such closed meeting was conducted in conformity with Virginia law; this .date pursuant to an affirmative recorded vote and in accordance with the provisions. of the Virginia Freedom of Information Act; and, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolutiorrapplies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 .ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. // Mr. Rountree stated there are ongoing discussions between the County and .the. Town. of Smithfield regarding a bulk water contract, which has not been consummated. He noted there were also discussions about the interconnect between the County and Town water system. He stated technical staff has now agreed on the specifics of the interconnect, the master meter, the location, etc. and that design. was incorporated .into the project that has been bid and awarded and is now under construction. He stated due to an oversight on the part of the County, staff failed to alert the contractor to note construct the interconnection and staff- was advised yesterday that the Town of Smithfield stopped the contractor from 25 ~~,~~, 1~ -. . '31 i performing this work.. He stated he has spoken with the Town Attorney and Town Engineer regarding this matter. He stated there seems. to be more concern about the lack of a consummation of an agreement than the fact that there was an interconnect underway. Supervisor Claud moved the Board adopt the salary adjustments as recommended by the Director of Human Resources. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor MacManus moved the Board continue its meeting. until January 27, 2000 at 7:30 p.m. at Hardy Elementary School. -The motion was adopted unanimously (5-0). .r- Phill' A. Bradshaw, Chairman 26