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04-25-2000 Regular Meeting~~~~ 19 ~,::1fi8 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY $OARD OF SUPERVISORS HELD THE .TWENTY-FIFTH DAY OF. APRIL IN THE YEAR TWO THOUSAND PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice-Chairman Robert C. Claud, Sr. Stan D. Clark Richard K. MacManus 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 Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Bradby. The Pledge of Allegiance was conducted. // Chairman Bradshaw called for a moment of silence in remembrance of Senator Richard J. Holland. // Chairman Bradshaw called for Special Presentations. George Rawls, President of the Carrollton Volunteer Fire Department and Keith Johnson briefed the Board on functions and. activities within that department during 1999. Mr. Rawls submitted to the Board a copy of the fire department's operating budget for 2000/2001 and requested the Board's support of the proposed budget. // Chairman Bradshaw indicated the following Consent Agenda included Items 1, A through C, and asked if there were any items for removal: A. .Disbursement of Annual Two-For-Life Funding B. Delinquent Real Estate Tax Collection Monthly Report C. Regular Meeting Minutes of March 16, 2000 . Supervisor Claud moved the Board. adopt all items of the Consent Agenda with the correction. of a typographical error on page 2 of the March 1 1 1 16, 2000 minutes to reflect a change of "Kirsten" to "Ericksen", 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 Transportation Matters. Mr. Hartley notified the Board that it would receive a briefing at its May 4, 2000 meeting at 4:00 p.m. by VDOT officials on he Cypress Creek Connector project. Mr. Hartley notified the Board that Raynor Road has been resurfaced utilizing maintenance funds. MacFarland Neblett, Resident quarterly presentation to the Board, relay their individual concerns to him. EngineerNDOT; appearing for his requested individual Board members Supervisor Claud requested Mr. Neblett, when he meets -with the Director of Public Utilities, to discuss how the County can be reimbursed, or given credit, for the amount of repaving work being undertaken responsive to the Windsor sewer project which, in turn, reduces UDOT's maintenance costs. Supervisor Clark requested Mr. Neblett take appropriate action to have the paved section of Gayle Way ditched for proper drainage. Supervisor Clark reported a hazardous tree located off the right-of--way. at the intersection of Route 10 and Cherry Grove Road. Mr. Neblett advised he would look into the matter and take appropriate action. Supervisor Clark directed the County Administrator, in the meantime, to also notify appropriate County staff. Supervisor Clark inquired if Yellow Rock Road qualified under the Rural Addition Program for regrading. Mr. Neblett advised. that there is property owned along both sides of the roadway by one (1) property owner and it is the County's responsibility to determine if this constitutes a speculative interest. He noted that if speculative interest exists, some portion of the cost is born by the property owner; if not, the roadway is eligible under the .Rural Addition Program. Mr. Neblett stated VDOT needs to be assured .that the right-of-way is available and that the County will guarantee the right-of--way. 2 ao~~f 10 .,:.:i x.70 Chairman Bradshaw requested Mr. Neblett review the matter and report back to Supervisor Clark on an estimated timeline. Supervisor Bradby reiterated his request to have Raynor Road striped. Chairman Bradshaw requested the Director of Planning and Zoning prepare a history and forward it to the Resident Engineer, Supervisor MacMar~us notified the Resident Engineer that Lawnes Creek is in need of repaving and requested him to take appropriate action to have this accomplished. Chairman. Bradshaw reported a leaning tree just north- of Pruden Road coming from Carrsville Highway on Colosse Road and requested that appropriate action. be taken to remove it, Chairman Bradshaw requested. the Director of Planning and Zoning to schedule a meeting to address R. L. Walker's earlier stated concerns regarding the Central Hill area ditches. Chairman Bradshaw directed the Director of Planning and Zoning to request a response from VDOT concerning issues with the Transportation Safety Committee. Henry Bell, Raynor Road, noted his appreciation for the resurfacing of this roadway. Mr. Hartley briefed the Board on VDOT's response. to the request of the County for crossovers on the .James River Bridge. He reported that VDOT has advised that it does not recommend .any modifications to the. present design and function of the bridge structure; however, VDOT does recommend further consideration of installing variable message boards that would provide the traveling public with the opportunity to seek an alternate route should the :bridge be blocked at any time. .Chairman Bradshaw moved the Board direct the Director of Planning and Zoning to communicate VDOT's response to Grace Keen and the Isle of Wight Citizens Association and that he contact the City of Newport News to express the County's concerns to see if the City will work with the County jointly 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. Hartley reported that VDOT has .advised the County of a supplemental allocation of VDOT Revenue Sharing Funds for FY1999/00, available. up to $100,000. He requested authorization from the Board to 3 request additional funds for the County and advised that any additional funds would be placed on the Blue Ridge Trail project. Supervisor Claud moved the Board direct staff to reply to James .Givens' letter requesting additional funding up to $100,000 to be allocated to Blue Ridge Trail, as designated orr the. Designation of Funds form. 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 Chairman Bradshaw called for Citizens Comments. Pat Clark expressed the Isle of Wight Citizens Association's appreciation of Phyllis Bloxom's past contributions. Mr. Clark also requested the Board approve the disclosure requirements for persons occupying such positions of trust as appointed by the local governing body. Supervisor Clark moved the Board direct staff to look into Mr. Clark's .request and that the matter be placed on the agenda for the Board's consideration at its May 4, 2000 meeting. -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 Chairman Bradshaw called for the Community Development report. Mr. Hartley advised that the County would be eligible to receive a roll back tax in the amount of $52,500 on the Norsworthy tract should development begin. in 2000. Mr. Hartley notified the Board that staff has reviewed the historical records of the .Ordinance provisions related to the Norsworthy tract. He stated. on April 11, 2000, the Planning Commission received public comments and on April 20, 2000 the Planning Commission held a work session and recommended that the Board of Supervisors hire a third party consultant to provide the County with an unbiased opinion on what the environmental issues are with this property. Supervisor MacManus stated that until the legalities are worked out, he could not support this recommendation as he believes it is premature to perform a study at this point.- Mr. Hartley presented a final plat of Gatling Pointe South Subdivision, Phase 5, Route 704,. Battery Park Road, Newport Magisterial District, for the Board's consideration. 4 Supervisor MacManus moved the Board approve the Final. Subdivision Flat for Section 5 of Gatling Point South with the conditions, as follows: BMP #4 represents a stormwater impoundment easement which needs to be dedicated to the homeowners association for maintenance and responsibilit~~. The street .Name "Schooner Ridge" duplicates an existing street name and needs to be changed. The variable width sight triangle referenced in the island of Captain's Walk needs to be noted at a minimum 25'x25' and should be depicted as such. The. drainage easement between Lot 24 in Phase 3A and Lot 39 in Phase 5 is depicted on the development plans as an existing drainage easement to be abandoned. This is not consistent with the notation on the final plat. Final approval of engineered development plans .for the infrastructure. improvements and erosion and sediment controls serving the lots in Phase 5 by the Department of Planning and Zoning, the County's Director of Public Utilities (water and sewage), and the Virginia Department of Transportation (road and drainage). A performance surety is to be posted by the developer to cover the total construction costs for the infrastructure .improvements serving the lots in this phase. These improvements include the road, drainage, and water and sewage service. Payment of all applicable fees. A written annual report of all action taken to maintain the Best Management Practices (BMP's) in Section 5 shall be submitted by the Homeowners Association no later than January 30`h of each calendar 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. Mr. Hartley distributed a letter from Sands, Anderson, Marks and Miller reporting. on the activities of the .lobbyist that was hired by the Coalition. of High Growth Communities. He also encouraged the Board to 1 1 5 ~~~„ ~ f~ , X73 attend the Smart Growth Summit scheduled for May 15, 2000 from 8:30 a.m. until 3:00 p.m. at .the Chesapeake Conference Center. // Chairman Bradshaw called for the Economic Development report. Patrick J. Small, Director of Economic Development, presented a Resolution Approving Issuance of Bank Qualified Debt for Norfolk Academy for the Board's consideration. Supervisor Clark moved the Board adopt the following. resolution: RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE NORFOLK ACADEMY WHEREAS, there have been described to the .Industrial Development Authority of the County of Isle of Wight (the "Authority") the plans of The Norfolk .Academy (the "School"), in connection with the expansion, renovation and equipping of classrooms and the expansion and the equipping of the refectory and book store (collectively, the "Project") located at 1585 Wesleyan Drive, Norfolk, Virginia 23502; WHEREAS, the Project will be operated by the School and the Authority has held a public hearing on April 4, 2000, with respect to the Project and the issuance of industrial development revenue bonds with respect thereto in the maximum principal amount of $2,500,000 (the "Bonds") as required by Virginia law and the Internal Revenue Code. of 1986, as amended (the '"Code"); WHEREAS, the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of private activity bonds shall approve the.- issuance of such bonds; WHEREAS, the Authority .issues its bonds on .behalf of the County of Isle of Wight, Virginia (the "County"), and the members of the Board of Supervisors of the County of Isle of Wight (the "Board) constitute the highest elected governmental. officials of the County; WHEREAS, Section 15.2-4906 of the Cade of Virginia of 1950, as amended, provides that the. Board shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; WHEREAS, a .copy of the Authority's resolution approving the issuance of the Bonds, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a fiscal 6 impact statement in the form prescribed by Section 15.2-4907 . of the Code of Virginia of 1950, as amended, have been filed. with the Board; BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. The recitals made in the first and second preambles to this Resolution are hereby adopted as a part: of this Resolution. 2. .The Board of .Supervisors of the .County of Isle of Wight, Virginia, approves the issuance of the Bonds by the Authority to assist in the plan.. of finance described herein for the benefit of the School to the extent required by the Code .and Section 15.2-4906 of the Code of Virginia of 1950, as amended (thee"Virginia Code"). 3. The approval of the issuance of the Bonds, as required by the .Code and .Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the. creditworthiness of the Project or the School, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the County or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. 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 notified the Board that the County, in conjunction with the Chamber of .Commerce, would be hosting a Business Appreciation .Golf Tournament on May 16, 2000 during Business Appreciation Week. He invited interested Board members to participate. // Sharon Frix, .Victim Witness Coordinator, presented a Resolution to Authorize Submission of A .Grant Application and to Accept and Appropriate Grant Funds From the Commonwealth of Virginia, Department of Criminal Justice Services for the Board's consideration. Supervisor Claud moved the Board adopt the following resolution:. RESOLUTION TO AUTHORIZE SUBMISSION OF A.GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE. GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA 7 ~~~F ~ ~~ . ? ?5 DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the development and submission of an application for a Victim Witness Assistance Program to the Commonwealth of Virginia Department of Criminal Justice Services; and, WHEREAS, the funds in the amount of forty-seven thousand four hundred nineteen dollars ($47,419) or so much as shall be received needs~to be appropriated to the appropriate line item in the 2000-2001 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that forty- seven thousand four hundred nineteen dollars. ($47,419) or so much as shall be received. be appropriated to the appropriate line item in the 2000-001 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 (5-0) and no Supervisors voting against the motion. County Administrator Casket' presented a Resolution to Recognize the Contributions of Naomi Banks which he recommended the Board approve. He noted a presentation version of the resolution would be presented to Ms. Banks at a retirement function on her behalf. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF NAOMI BANKS WHEREAS, Naomi Banks has been employed in the Isle of Wight County Treasurer's office. since February, 1976; and, WHEREAS, Ms. Banks will retire from professional service to the County effective May 1, 2000; and, WHEREAS, Ms. Banks has provided exceptional customer service during her tenure with the County; and, 8 90~r, ~i3 ~~;.~ 176 WHEREAS, the Board of Supervisors wishes to .express its appreciation for Ms. Banks' contributions to the citizens of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors expresses its gratitude to Ms. Naomi Banks for 24 years of service to the County. BE IT FURTHER RESOLVED. that the Board of Supervisors .extends its best wishes to Ms. Banks on the occasion of her retirement. 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. Richard O. Childress, Director of Emergency Management,- noted two (2) individuals. had been hired for the Isle of Wight Volunteer Rescue Squad and seven (7) individuals hired for the Windsor Volunteer Rescue Squad. He stated an Invitation for Bids was completed last week for the expansion to the Carrsville Volunteer Fire Department. Mr. Childress extended an invitation to the Board to attend a meeting on April 28, 2000 to critique Hurricane Floyd response activities. // Supervisor Bradby moved the Board amend the regular order of the agenda in order to conduct the public hearings at this time. The motion was adopted unanimously (5-0). Chairman Bradshaw called for a public hearing on the following: A. Proposed FY2000/O1 School Board. Operating Budget Chairman Bradshaw called for persons to .speak in favor of or in opposition to the proposed Operating Budget. Jane T. York, School Superintendent, spoke in favor of full funding of the School Operating Budget. She noted a proposal of modest increases for salaries for personnel; funds to implement the results of a salary. study for support personnel and administrators; funds to upgrade technology and enhance programs; funds to continue programs in place to improve SOL achievement scores; and, resources. to take care of existing facilities. Chairman Bradshaw closed the public hearing and called for comments from the Board Supervisor Claud moved the Board. take action on the School Board Budget at the Board's May 4, 2000 meeting. The motion was. adopted with 1 9 90~~~ ~~ -;:: ~ 1.7`7 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 fora public hearing on the following: B. An Ordinance to Amend Chapter 16.1, Water, Article IV, Connections, Section 16.1-15 of the Isle of Wight County Code to Delete Reduced Connection Fees for Developer Installed Residential Systems and Section 16.1-35 to Delete the 1,000 Feet for Developer Installed Extensions. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Ordinance. County Attorney Crook noted an error in the Ordinance which should read after the word "mains" "and local onsite facilities, i.e., individual and community wells, etc. in compliance with all applicable regulations." E. Wayne Rountree, P.E., Director of Public Utilities, stated the proposed amendment deletes a connection .fee for developer installed extensions that provide for the residential connection fee to be $1,800 or 60% of the current rate. He further stated regarding the requirement that new development be required to extend the first 1,000 feet of water- in accordance with the County's Master Plan, that the extension be totally at the developer's cost. He noted that beyond the 1,000 feet, the extension would also be in accordance with the County's Master Plan, but the County could participate in cost. Chairman Bradshaw closed the public hearing and called for. comments from the Board Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 16.1, WATER, ARTICLE IV CONNECTIONS, SECTION. 16.1-15 OF THE ISLE OF WIGHT COUNTY CODE TO DELETE REDUCED CONNECTION FEES FOR DEVELOPER INSTALLED. RESIDENTIAL SYSTEMS AND SECTION 16.1-35 TO DELETE THE 1,000 FEET FOR DEVELOPER INSTALLED EXTENSIONS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for rates and regulations on water usage chapter 16.1. of the Isle of Wight Code, on November 21, 1996; and, WHEREAS, the Ordinance adopted by the Board of Supervisors aforesaid provided in Section 16.1.15(b) for a reduced connection fee for 10 901. ~;1 ~,+,.~1.7~ connections to systems installed .totally by developer and conveyed to the County at no cost; and, WHEREAS, Section 16.1-15(c) provided for reduced connection fee for single-family residential services; and, WHEREAS, Section 16.1-35 provided for developers to extend the County system up to 1,000 feet and in excess of that distance the County would participate at the. cost of such extension; and, WHEREAS, the :Board of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interests of the citizens of Isle. of Wight County to delete the reduced fees for connections and to require developers to extend the County system to the proposed developments. NOW, THEREFORE, BE IT AND IT IS .HEREBY ordained by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1 Water, Article IV, Connections, Section 16.1-15 subparagraph (b) and (c) be amended to read as follows: (b) For new developments in which the required water system and related appurtenances have been installed by the owner/developer and. in -which the ownership of the water system and related appurtenances has been conveyed to the county, up to and including two-inch, the owner/developer shall provide to the county the required number of water meters at the appropriate sizes and types specified by the county for future installation by county forces. Such meters shall be delivered to a location designated. by the county. For all such connections above two inches, the meter shall be installed. by the. developer, pursuant to county specifications. Upon completion of the installation, the developer shall notify the county for inspection and activation of the meter. \I ~pt1 nr~r~~in~*i~n ~ no ~ . rc~i iii R~» ' ~rmnx~.o~ ~n~ "Yti G1i-R~ITGTCCIVII-i'Vl-7G Ci TTIVVj -iitGT~TQI~FJ m~~a ~i~r ~ nvn4 m ~TIl~iiaTv~ nm ir~nfr~~ avv , ~aia +~tn~~u n (c) When application for service, including payment of fees, for existing single-family residential services is made within ninety days after receipt of official connection notice, the connection fees due will be reduced to one-third of the amounts in subsection (a) of this section. FURTHER, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1 Water, Article IV, Connections, Section 16.1-35 be amended to read as follows: 1 C 1 11 ~~~~: ~ 1~ ~:. ~7J Section 16.1-35. Certain developments .required to extend .water service. - New commercial and/or industrial construction or development, manufactured home parks,. multiple dwellings and all subdivisions, within Development Service Districts and other specifically designated areas, shall be required to install water systems, and to dedicate 1the systems to the County. =r/e--tl~cz-p~p/e~ In~TnJ *YlnYf A11° t1111l1nnnl~ ~ 1 nnn~ T°°t TTA C> AAA / 111111 t1 tin °V to*tY1 /t P1 rnt°m in nn~1/1r/a .~nn° •trif~l 4~1n ~l~n ntnr n~n~~p.~po I~i~c~Q-TI'I~8"~p ~~C""1"'7'77'IV rL°~fT~'S'~17 -V~~~'""tl~©LiJ~'n~1"(TyVV~ €eat-fFem-~h~-C--sunk-s-e~:~t~~~-syrJt~-r~T~The developer shall be required, at the. discretion of the County, to extend the County system, in accordance with the master. plan to the proposed development, or to provide dry water mains and local onsite facilities (i.e. individual or community wells, etc.), in compliance with all applicable regulations,. for the development. Tfi*~,° ~/,,,1,*11 c.ltnt°t>, ~° n„ °~.*~nd~l~e-~~~ ~i,_,~r~ ,,., •s.i-pa-t~~t-u.,>>~,,.J.~(~grr2ed-~tp©n-in--adv-ane-min--the-East ^1l11-. °vt°nn~nnn tH £ AT AHLI ~-~Atln~]Yl l~ ~~ nnn~ if~b~ e~~nr~r.~-T«-e~Ees~-~, -~T~T , ~~ An agreement between the County and the developer shall state the improvements required. Requirements of developers of property, not within Development Service Districts and other specifically designated areas, regarding the provision of water facilities, will be established by, and at the discretion of, the County. 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: C. An Ordinance to Amend Chapter 16.1, Water, Article II, Meters, Division 2., Rates, Table 16.1.9 Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Ordinance. Mr. Rountree stated the Board previously adopted a set of uniform rates for all water systems and this Ordinance and sets one rate for metered customers and one rate for non-metered customers. Chairman Bradshaw closed the public .hearing and called for comments from the Board. Supervisor. MacManus moved the Board adopt the following Ordinance: 12 BOQK ~V ":1ir~•~VO AN ORDINANCE TO AMEND CHAPTER 16.1,. WATER, ARTICLE II, METERS, DIVISION 2., RATES, TABLE 16.1.9 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of .Isle of Wight County, Virginia, that Chapter .16.1, Water, Article II, Meters, Division 2., Table 16.1.9 of the Isle of Wight County Code, be amended to read as follows: Table 16.1.9 Bi-Monthly Water Usage Charges Meters up to and including 3/4 inch. Metered Unmetered $32.00 $40.00 ± $2.00/TG>6TG Meters 1 inch and Larger 1 inch meter $56.00 + $2.00/TG>6TG 1 %i inch meter $63.00 + $2.00/TG>6TG 2 inch meter $86.00 + $2.00/TG>6TG Larger than 2 inch to be determined by County. Where a bulk rate meter is serving more. than one EDU, the rate shall be as noted above depending on the meter size plus $10.00 per month per EDU.. plus $2.00. per 1,000 gal-ions for all over 3,000 gallons per month times the number of EDUs served. Notes: 1) TG: Thousand gallons, or portion thereof 2) >: In excess of 3) Unmetered customers, .when they become metered, will pay metered charges in effect of the time for their location or meter size. 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: D. The request to change the name of "Barlowen Boulevard" to "Creek Point Lane". "Barlowen Boulevard" is a private street located at the terminus of Owen Farm Road (Route i 903) in .Newport Magisterial District. Chairman Bradshaw called for persons to speak in favor of or in opposition to the request. 13 ~~~,f 1~ ;, X8`1 W. B., Owen of Carrollton requested the Board approve. the request. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the request. 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: E. The application of Douglas J. Cullipher for a Conditional Use Permit to locate a private stable for two (2) horses on 3.62 acres of land located at 27384 Colosse Road, Carrsville, in Windsor Magisterial District. Chairman Bradshaw called .for persons to speak in favor of or in opposition to the application. Douglas J. Cullipher,. applicant, requested the Board approve the application. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw moved the Board. approve the application of Douglas J. Cullipher. 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: F. The application of I. N. Jones, III for a change in zoning classification from Rural Agricultural Conservation to Rural Residential approximately one and one half (1.5) acres of land located on the north side of Waterworks Road (Rt. 709} between Emmanuel Church Road (Rt. 708) and Bethel Church Lane (Rt. .679) in Hardy 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 application. I. N. Jones, III, applicant, requested the Board approve the application. 14 Edward Marston of Hampton requested the Board approve the application to allow him to build a modular home containing a brick foundation, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of LN. Jones,. III. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. irr favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: G. The request of I. N. Jones, III to withdraw approximately I50 acres of land from the Courthouse Agricultural/Forestal District. Said land is located on the north and south sides of Waterworks Road (Rt. 709) and Magnet Drive (Rt. 680) in Hardy Magisterial District. Chairman Bradshaw called for persons to speak in favor of or in opposition to the request.. I. N. 3ones, III, applicant, requested the Board approve his request. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the request of I. N. Jones, III. 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: H. The application of Winn Granby Street Associates for a change in zoning classification from RAC to Conditional Rural Residential, approximately .36.5 acres of land located on the east side of Murphy Mill Road (Rt. 605) .between. Everets Road (Rt. 603) and Lake Point Drive in Newport Magisterial District. The purpose of the application is for asingle-family residential subdivision. of no more than twenty-six (26) lots. Chairman Bradshaw called for persons to speak in favor of or in .opposition to the application. Mr. Hartley advised the Board of the .following three (3) new proffered conditions:. 1) twenty-five (25) lots instead of the original twenty-six (26); 15 2) one (1) lot is to be set aside as a common area for recreational use by residents; and, 3) cash proffers have been increased to $6,895 per single family residential unit. William Riddick, Attorney, representing the applicants, stated the proposed twenty-five (25) lot subdivision contains lots consisting over 40,000 square feet with one (1) lot designated as a common area for recreational use by residents. He stated a minimum 2-,800 square footage living .area was also proffered. He stated Langley & McDonald has determined that the number of trips generated by the proposed. development for twenty-six (26) lots would have been 249 trips per day. He stated if this location is not the right place for this type of development, then there is no goad place for this kind of development outside. the Service Development Districts. He stated he estimates the houses to be in the $350,000 range. He stated he believes this is a very appropriate project for this location and he would- like another opportunity to address the Planning Commission. He requested an opportunity at the end of the public hearing to answer any concerns or questions raised during the public hearing.. Wayne Melcore spoke in favor of the project. He noted that -the County has spent a great deal of time studying managed growth and holding public hearings with expectations that this type of development could be done, but not approving subdivisions like this anywhere. Gerald White of Woodland Drive requested the Board consider the Comprehensive Plan adopted by the Board and deny the application. George Griffin, adjoining property owner on Murphy Mill Road, stated it was mentioned at the Planning Commission meeting that this. development would not be visible. He advised. the Board he intends to sell the timber off his property in the near future which will make all .the homes visible from the road. He pointed out .that the proposed subdivision is not in keeping with the rural aspect of the community as it lies outside the areas targeted for development. He noted concerns with increased traffic, flooding and the potential for what this development will do to his tax structure in the future. He warned that he was .advised by certain. individuals that they would not sign the petition he circulated because they might want to put a development nearby as well if this application was approved. William F. Ashley, Sr. of Murphy Miil Road expressed concerns with increased traffic, flooding and the potential impact to existing septic tanks. Thomas Finderson of Newport District expressed concern with a discrepancy in the amount the applicant stated the homes and lots would be valued at versus the calculations done by the Commissioner of Revenue. He further noted Attorney Riddick proffered to the Planning Commission that private stables .would not be allowed. He expressed concern that the 16 9!1!?~ ~~ ~~ '~ 84 .applicant had not disclosed where he intends to locate the entrance and that the slope to Lake Burnt Mill creates a child safety .factor. Bruce Budaro of Murphy Mill Road .spoke in opposition of the subdivision because of increased real estate tax, run-off into Lake Burnt Mills, overburden. to an existing overcrowded school system, diminishment of existing privacy, increased tragic on an already overburdened road and flooding: Attorney Riddick stated. the applicant has proffered that there. will be no stables in this zoning district. He stated a traffic impact study has been conducted in regard to concerns expressed by residents about the existing road which shows there is lowering of the level of service. He stated this is a nice development which would be an asset to the County and he believes it to be well within the plan contemplated by the County's Zoning Ordinance and Comprehensive Plan. He requested another opportunity. to take the application back to the Planning Commission for further discussion.. Chairman Bradshaw closed the .public hearing and called for comments from the Board. Supervisor Claud stated he could not .support the application because the proposed project will change the characteristics of the surrounding area which is currently agriculture. He stated that while the Comprehensive Plan .does provide for some low density residential development in the RAC districts, it also recommends that rural residential subdivisions be directed to areas in the RAC district which have good proximity to existing .residential areas- and commercial and public services and than rural residential .development. should not be encouraged in .low areas where. .existing roads are not adequate for increased traffic or areas where existing . agriculture activities. predominate. He stated when a project like this is approved, it changes the characteristics of the surrounding area .and expectations of the citizens are different once they move in: He stated the location of this project is on the outer parameter of the areas served by .fire departments .and rescue squads. He stated that the VDOT Resident Engineer has stated that .due to Route 605 being substandard, road improvements may be required. He stated there is also the potential for run- oft' into Lake Burnt Mills' public water supply from nutrients in the yards and septic tanks. Supervisor Clark expressed concern with the substandard road and transportation. Supervisor Bradby stated the Planning Commission voted (7-0) to recommend denial and his position is to concur with the recommendation of the Planning Commission. 1 17 ~,,,,~ ~ 1 ~~ - -~85 Supervisor MacManus stated he is in support of managed and controlled growth in the County, but the cast impact from so much of the County's development occurring in the County is so significant that he wans to send a message to the other developments that proffers in the amount of $7,000 per lot are more in line with what the County needs to .survive financially. He stated due to the significant change in the amount of the proffers offered, he would support the application being returned to the Planning Commission. Chairman Bradshaw stated he is not in support of this type. of rural development when the citizens are against it and the issue at stake is quality of life. Supervisor Claud moved the Board deny the application of Winn Granby Street Associates. The motion was adopted with Supervisors Bradby, Bradshaw, Clark and Claud voting in favor of the motion (4-1) and Supervisor MacManus voting against the motion. // Supervisor Claud moved the Board take a five (5) minute recess. The motion was adopted unanimously (5-0). r-- Upon returning to open session, Chairman Bradshaw called for the continuation of the County Administrator's report. Debbie J. Sivertson, Administrative Analyst, presented a change order for the Boykin's Tavern renovation for the Board's consideration. She advised that due to fragile nature of the chimneys they could not be used as return ducts for the first Moor and the architect and contractor are recommending placing returns in the first floor ceilings in the amount of $437.45. Chairman Bradshaw moved. the Board approve the change ,order as recommended by VIRTEXCO Corporation .and the Architect pending approval by the Department of Historic Resources and VDOT. 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 Administrator Caskey stated pursuant to the Board's action at its previous meeting, staff has sent out an RFP for a Spatial Study and Master Plan. He requested the Board's permission to proceed with negotiations of the selected firm. Supervisor Clark moved the Board authorize .staff to negotiate with the selected vendor for a Facility Spatial Study and Master Plan. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and 18 Claud voting in favor of the motion. (5-0) and no Supervisors voting against the motion.. Mr. Rountree presented a Resolution to Appropriate $1,300,000 From he Utility Construction Fund for the Construction of the Suffolk/Isle of Wight Water .Interconnect. He stated the Western .Tidewater -Water Authority has authorized the design and bids of the- final interconnect between Suffolk and the Isle of Wight system which will allow-the Authority to purchase treated water from the Chuckatuck system in Suffolk and serve it to the Northern Development Service District. He noted the design .has been completed and bids taken with W. R. Hall being the low bidder in the. amount. of $1,133,525.80. Supervisor MacManus stated he would like to be kept apprised of how the project is proceeding financially because .the County is paying 90% of the project costa Supervisor Claud moved the Board approve .the low bid with W. R. Hall, Inc. in the amount of $1,133,525.80 -and adopt the following resolution: RESOLUTION TO APPROPRIATE ONE MILLION THREE HUNDRED THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION FUND FOR THE CONSTRUCTION OF THE SUFFOLK /ISLE OF WIGHT WATER INTERCONNECT i~ WHEREAS; the. Board of Supervisors of the County of Isle of Wight, Virginia has approved the funding for the construction of the Suffolk !Isle of Wight Water. Interconnect to be installed along Route 17 (Bridge Road in Suffolk and Carrollton Boulevard in Isle of Wight) between Crittenden .Road. and the western. terminus of the Chuckatuck Creek Bridge; and, WHEREAS, the funds in the amount of one million three hundred thousand dollars ($1,300,000) ..need to be appropriated from the Utility Construction Fund to the 1999-00 Capital Projects Budget of Isle of Wight County for the extension of water lines to serve the Northern Development Service District located in Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one million three hundred thousand dollars ($1,300,000) be appropriated from the Utility Construction Fund to the 1999-00 Capital Budget of Isle of Wight County. BE 1T FURTHER RESOLVED that the County Administrator of the County of lsle of Night, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to .give this resolution effect. 19 a~:~f ~ ~~ . X87 1 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 distributed a letter from the VDOT Resident Engineer in response to the County's request to pave certain streets in the Town of Windsor. He noted a meeting has been scheduled for next Tuesday to further discuss the matter. Alan S. Nogiec, Director of Parks. and Recreation, presented a Resolution to Submit the Application for United States Department of Agriculture Food & Nutrition Service Summer Lunch Program Grant Funds and to Accept and Appropriate Grant Funds From the United States Department of Agriculture Food & Nutrition Service Summer Lunch Program for the. Board's consideration. Supervisor Clark moved the Board adopt the. following .resolution and authorize the County Administrator to sign the application: .RESOLUTION TO SUBMIT-THE APPLICATION FOR UNITED STATES DEPARTMENT OF AGRICULTURE FOOD & NUTRITION SERVICE SUMMER LUNCH PROGRAM GRANT FUNDS AND TO ACCEPT AND APPROPRIATE GRANT FUNS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD & NUTRITION SERVICE SUMMER LUNCH PROGRAM 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 USDA Food & Nutrition Service; and, WHEREAS, the funds in the amount of twenty-t~.vo thousand one hundred seventeen. dollars ($22,117.00) from the USDA Food & Nutrition Service need to be accepted and appropriated to the Operating Budget Line Item for Summer Program, in the FY2000I2001 Operating 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 twenty-two thousand one hundred seventeen dollars ($22,117.00) or as much as shall be received from the USDA Food & Nutrition Service be appropriated to the Operating Budget Line Item for the Summer Program, in the FY2000I2001 Operating Budget of the County of Isle of Wight. BE IT FURTHER 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. 20 a~,,~ ~.~ .r ~ 188 The motion was adopted with Supervisors MaeManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no .Supervisors voting against the motion. County. Administrator Casket' requested Board members interested in attending the NACo conference scheduled for July in Charlotte, NC to notify his. office. County Administrator Casket' noted he would attend the Community Advisory Council meeting scheduled for April 26, 2000 at 6:30 p.m. at the International Paper Conference Center. // Chairman Bradshaw called for Old Business. A. Red Oaks Mobile Home Park Water System (Tabled 4/6/00) Senator Fred Quayle, Attorney, representing Coastal Investors, Inc., owners of the Red Oaks Mobile Home Park, requested that they be allowed to .extend the existing water system which provides water to Red Oaks tenants into the expanded mobile home park approved by the Board rather than it being required to hook into the County's system. He stated. Coastal Investors, Inc. provides water to the tenants free as part of their rent. He notedthe cost. of providing the water to the tenants is $1.?b per month, per lot: He stated to require Coastal Investors, Inc. to hook up to the County's system would cost approximately $800 per lot in hook-up fees and another $200 per lot for water meters. He stated this is a private site plan,. not a :.public subdivision, and the streets. will not be dedicated and the lots will not be sold. He stated at .$1,800 per lot spread. over five (5) years, it would amount to approximately $25 per lot, per month, to recover the cost of the. hook-up fee and the County would be increasing the water charges for each tenant at approximately $25 per lot, .per month. He stated the tenant's monthly expenses would increase by 25% by requiring Red Oaks to hook onto the County's system. He stated the tenants of the Red Oaks .Mobile Home Park are hard-working low-income individuals and this kind of increase could be extremely burdensome to them.. He stated the purpose of the County's watersystem is to provide water to County residents who are without water or who have unstable water supplies. He stated the Red Oaks Mobile Home Park has. already available a supply of good water that is more than adequate for the entire mobile home park, including its expansion, and the water is free to the tenants. Senator Quayle requested the Board approve the extension of the water system without requiring that Red Oaks Mobile Home Park to hook up to the County water system. Supervisor Bradby stated the County could provide water at the same cost Coastal Investors, Inc, is presently charging .its tenants at Red Oaks. 21 ~o~~ ~ ~f~ :., ~~~ Mobile Home Park. He stated residents who live in this development need assistance and he would support the approval. of the request. Mr. Rountree stated the County borrowed $14,000,000. to put in a utility system which is expected to be paid by the utility system. He noted the connection fees and user fees are the two (2) sources of revenue in a utility system. He stated for the Board to grant the variance, sets a precedence for future developments who come in requesting that the County not .require utility systems be designed and constructed to the County's. specifications andconveyed. He noted the lost revenue in connection fees would be $573,000 should the Board approve the request. Supervisor MacManus stated this issue comes dovtim to fairness to people and in his mind fairness to people does not have exceptions to ordinances. He stated he could not. support a variance to this ordinance. Supervisor Clark stated while he is sympathetic to affordable housing, the County has established an ordinance wit}1 rates and connection fees to pay for the money borrowed to expand the system. He stated he could not support a waiver in one (1) case, but not in another. Supervisor Bradshaw moved the Board deny the request. The motion. was adopted (3-2) with Supervisors MacManus, Bradshaw and Claud voting in favor of the motion and Supervisors Clark and Bradby voting. against the motion. Chairman Bradshaw inquired if the Board wanted to join in with the position of the City of Suffolk regarding Falcon Cablevision and have more political power. Supervisor. Clark stated Charter. Communications has represented to him that someone from Charter will address the Board at its next meeting he would request the Board allow some additional time before taking action. County Administrator Caskey noted he would contact the Suffolk office tomorrow to find out the name of the appropriate contact person that will be addressing the Board at its May 4, 2000 meeting. // Chairman Bradshaw called for New Business. There was no new business offered for discussion by the Board. // Chairman Bradshaw called for Appointments. 22 _ ~ Supervisor Bradby moved the Board reappoint Rod Collins, representing .the Hardy District, for an additional five. (5) year term on the Board of Building. Appeals. Mr. Collins' term will expire in February of 2005. The motion was adopted unanimously (5-0). Supervisor Claud moved -the Board appoint Joan C. Griffin to the Events Committee. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the County Attorney's report. .Supervisor Claud requested the County Attorney. provide the Board with. a report on the delinquent tax collection contract prior to the Board's May 4, 2000 meeting. County Attorney Crook .stated pursuant to the Board's direction he has .spoken with the Director of Planning and Zoning and met with Sharon Hart concerning the complaint she brought before the Board regarding a violation to he Resource Protection Area. He stated the lot which was exempted from the Chesapeake Bay Act Ordinance required 100 foot RPA buffer was built within the 1.00 foot buffer, but the plat .provided to the County indicated that it was .beyond the buffer. He stated there was adequate room on the lot. to build the house without encroaching in the buffer and he has provided the Director of Planning and Zoning his opinion on the matter. Supervisor Claud requested the County Attorney to review the -County's options and provide a copy of his letter to Mr. Hartley on the matter to the Harts. County Attorney Crook requested the Board begin considering its tax levy rates so that he can advertise .the Tax Levy Ordinance ..for public hearing. County Attorney Crook advised he has .forwarded the Resolution of Dissolution to the State Corporation Commission for the Tourism Bureau. County. Attorney Crook advised he would be meeting with the Director of Public Utilities to review the documents concerning sewer in Windsor. County Attorney. Crook advised he has met with Mr. and Mrs. Brooks involving alleged junk in a neighbor's yard and advised the Director of Planning and. Zoning that the junk .located in the yard is, in his opinion, a violation of the ordinance which needs to be enforced.. County Attorney Crook advised he has reviewed the bylaws concerning public comment .referenced for New Kent County and 1 23 recommends the Board consider adopting such by-laws which could be distributed to the public at meetings. Supervisor Claud recommended the Board members review the New Kent County bylaws for conduct of meetings and discuss the matter at the Board's May 4, 2000 meeting. Regarding the status of the fire hydrant in Walters, Chairman Bradshaw requested that the Director of Public Utilities meet with the County Attorney next week and provide a report to the Board on the matter. // County Attorney Crook requested a closed session under Section 2.1- 344 A7 of the Freedom of Information Act concerning a contractual matter with industry; under Section 2.1-344 A3 concerning land acquisition; under Section 2.1-344 A3 involving property transaction. for a sale of property; and, under Section 2.1-344 Al concerning a personnel matter. Supervisor Claud requested a closed session- under Section 2.1-344 A 1 concerning a personnel issue. Chairman Bradshaw requested a closed session .under Section 2.1-344 A7 concerning a contractual matter requiring advice of counsel. Supervisor Bradby moved the Board enter closed session for the reasons stated 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 Supervisor voting against the motion. Upon returning to open session, Supervisor Bradby moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act;. and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors .that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED -that the Board of Supervisors. hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed. in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified 24 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.. // Supervisor Clark moved the Board direct staffto take no further action regarding the Norsworthy property related issues until the County Attorney obtains an advice of counsel from his office or other sources he desires to consult. 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 .Claud moved the Board allocate $355,000 from. the unappropriated fund balance to the Industrial Development Authority. The. motion was adopted (4-0-1) with Supervisors MacManus, Bradby, Clark and ..Claud voting in favor of the motion and Chairman Bradshaw abstaining. from voting on the matter. J/ Supervisor Clark moved the Board adjourn. The motion was adopted: unanimously (5-0). // h;»; A. Bradshaw, Chairman 1 1 1 25