09-21-2000 Regular Meeting
REGULAR-MEETING OF THE ISLE OF WIGHT COUNTY BOARD. OF
SUPERVISORS HELD .THE TWENTY FIRST DAY OF .SEPTEMBER 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 Caskey, County Administrator
Donald T. Robertson,. Assistant
County Administrator/Director of
Human Resources
Carey. H. Mills, Recording Secretary
Chairman Bradshaw called the meeting. to order at 6:00 p.m. and
delivered the invocation.
The Pledge of Allegiance was conducted.
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Supervisor Claud moved the Board amend the regular order of the
agenda in order to hear the first item under Community Development. The
motion was adopted unanimously (5-0).
Patrick J. Small, Director of Economic Development, presented the
proposal of Cost Plus, Inc. for the Shirley T. Holland Commerce Park and
request 'for waivers from the Highway .Corridor Overlay District
requirements.
Doug Ellis, Ellis, Gibson Development Group, addressed the Board.
regarding the proposal. He thankedthe.Board for its support in the location
of the. facility in the County.
In response to Supervisor MacManus' inquiry regarding landscaping,
Kevin Humphrey with Bass & Sons Architects, stated the berms are part of
the requirements.
Supervisor Claud moved the Board. approve the waivers requested, as .
recommended by the Planning Commission. 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.
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Supervisor Bradby moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
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Chairman Bradshaw called for Special Presentations.
Report of the. Chesapeake Bay Local Assistance .Board Meeting on
Monday, September 18, 2000
Chairman Bradshaw reported on the outcome of the September 1~8,
2000 meeting with CBLAB. He reported .the County's request for an
extension on the completion date for the Comprehensive Plan was extended
until June 30, 2001. He noted the County is in the process of hiring an
additional Planner position within the Department of Planning and Zoning,
as well as a consultant specializing in environmental issues. He also noted
the County has a positive relationship with CBLAD.
Jonathan W. Hartley, Director of Planning and Zoning, reported on the
staffing issue of long range planning/special projects in the Department of
Planning and Zoning. He requested the Board authorize him to proceed
with hiring a permanent full-time Planner at a salary of $28,000.
Supervisor Clark moved the Board allocate $28,000 and authorize
staff to hire an additional full-time permanent Planner for long range
planning and special projects. 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 the .issue of Revenue Refunding Bond,
International Paper, for the Board's consideration.
Chairman Bradshaw stated he had a conflict of interest and would not
.participate in discussion or action on this matter.
Vice-Chairman Bradby: presided over the meeting
Supervisor Claud moved the Board adopt the following resolution:
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RESOLUTION OF THE. BOARD OF SUPERVISORS
OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA
WHEREAS, the Industrial Development Authority of the County of
Isle of Wight ("Authority"), :has considered the application of International
Paper Company, as successor by merger to Union Camp Corporation (the
"Company") requesting the issuance of the Authority's revenue refunding.
bonds in an amount not to exceed $8,220,000 ("Bonds") to assist in the
refinancing of certain industrial facilities, including a paper machine, boilers.
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and related equipment, at the Company's paper mill (the "Mill") in the.
County of Isle of Wight, Virginia, as described in Exhibit A attached hereto
(the "Project") located at 34040 Union Camp Drive, Franklin, Virginia
23851, inthe County of Isle of Wight, Virginia, previously financed. with the
..Authority's $4,000,000 Revenue Refunding Bonds (Union Camp
Corporation Froject), Series 1989 (the "1989 Bonds") and the Authority's
$4,220,000 Revenue Refunding. Bonds .(Union Camp Corporation .Project),
Series 1990 (the "1990 Bonds". and together with the 1989 Bonds, the "Prior
Bonds"), and has held a public hearing on September. 8, 2000;
WHEREAS, Section 147(f) of the Internal Revenue. Code of 1986, as
amended (the "Code"), provides that the governmental unit having.
jurisdiction over the issuer of private activity bonds and over the area in
which any facility financed with the proceeds of private activity bonds is
located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Isle of
Wight, Virginia ("County"); the Project is located in the County and the
Board of Supervisors of the County of Isle of Wight, Virginia ("Board")
constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve
the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to the terms to be agreed upon, a certificate of
the public hearing and a Fiscal Impact Statement have been filed with the
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA:
i. The Board approves. the issuance of the :Bonds by the Authority for
the benefit of the Company, as required by Section 147(f) of the Code and
Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia
Code") to permit the Authority to assist. in the refinancing of the Project by
refunding the Prior Bonds.
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2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness
of the Project or the Company.
3. Pursuant to the limitations contained in Temporary Income Tax
Regulations Section Sf.103-2(f)(1), this resolution. shall remain in effect for
a period of one year from the date of its adoption.
a. This resolution shall take effect immediately upon its adoption.
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The motion was ..adopted. with Supervisors MacManus, Bradby, Clark
and Claud voting in favor of the motion (4-0) and Chairman Bradshaw
abstaining from voting on the matter and no Supervisors voting against the
motion.
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Chairman Bradshaw indicated the following Consent Agenda included
Items 2, A through D, and asked if there were any items for removal:
A. Appropriation of Reimbursable Carryover Grant Programs
B. Carryover of Advance Funded Grant Programs
C. School Board Grants Received From the Department of
Education
D. .August 17, 2000 Regular Meeting Minutes
Supervisor MacManus moved. the. Board adopt all items of the Consent
.Agenda. 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.
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Chairman Bradshaw called for Transportation Matters.
Chairman Bradshaw called for the issue of priorities for improvements
on Route 258 between Smithfield and Franklin.
Supervisor Claud moved the Board endorse the recommendation of
VDOT and proceed with improvements to the following three (3) projects:
Route 258 & 460 intersection
Route 258 & 606 intersection
Route 258 and 620 intersection
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 presented the Town of Windsor request that the
County increase its allocation from $15,000 to $20,000 annually for
drainage projects within the Town.
Supervisor Claud moved the .Board authorize staff to convey the
request for an increase in the allotment for drainage projects to VDOT on
behalf of the .Town of Windsor. 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.
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Supervisor Claud inquired as to the status of the meeting with property
owners on Muddy Cross Road who have not signed the right-of-way
agreements.
MacFarland Neblett, VDOT Resident .Engineer, stated contact would
be made with these individuals within the next thirty (30) days.
In response to an inquiry from Supervisor MacManus, Mr. Neblett
addressed the Board on a traffic light at Nike Park and Battery Park. Roads.
County Administrator Casket' noted that the location for the proposed
traffic light is within the town limits of the Town of Smithfield and he
requested Mr. Neblett contact the Town of .Smithfield regarding its
participation in the cost of the signal.
Mr. Neblett advised that a traffic signal would be installed at the
intersection of New Towne Haven Lane and Brewers Neck Boulevard in
February of 2001.
Supervisor Bradby announced that Raynor Road would be striped per
the VDOT Resident Engineer.
Chairman Bradshaw requested the VDOT Resident Engineer to
contact Mr, Beale regarding Pruden Road.
Mr. Neblett advised that he has not yet heard from the traffic engineer
on Chairman Bradshaw's request .for a speed reduction sign to be relocated
along.Route 58.
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Chairman Bradshaw called for Citizens Comments.
Mary Alexander, representing the Isle of Wight County Citizens
Association, noted that a second draft for nomination of Ragged Island
Creek as an exceptional waterway has been prepared.. She requested a
written response from the County on its. decision to endorse the nomination.
Chairman Bradshaw noted this item would be discussed later in the
meeting as part of the regular agenda.
Thomas Finderson noted his support for .the nomination of Ragged
Island Creek as an outstanding water body.
George.Hart addressed the Board regarding a proposed violation to the
Chesapeake Bay Preservation Area Ordinance as it relates to a lean-to
building on his property.
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Supervisor Claud advised Mr. Hart this matter would be addressed
under New Business.
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Taylor Barlow spoke in support of the Children's Center locating in
the Town of Smithfield.
Jack Howley of Windsor Woods requested that if the Board approves
.the developer's request for an extension of sixty (60) days, that .the
developer be required to jointly work with the existing landowners.
Clint Osborne of Windsor Woods spoke in favor of controlled
development .within the. Windsor Woods Subdivision. He noted his
opposition to .the application for an additional 124 lots and requested
involvement in the process, if approved by the Board.
Pat Clark, on behalf of the Carrollton Civic League, spoke in support
of the nomination of Ragged Island Creek as an exceptional waterway.
Grace Keen recognized the efforts of the Fair Committee. She further
requested the Board take appropriate action to .have delinquent taxpayers'
names published in the. newspaper.
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Supervisor Clark. moved the Board direct the Treasurer to formulate
and. publish a delinquent taxpayer list of all outstanding taxes as of this :date.
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.
Mike Alexander addressed the Board concerning the need for a Water
Quality Impact Assessment for the Smithfield Crossing commercial
development submitted to the County for review.
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Supervisor Bradby moved the Board amend the regular order of the
agenda in order to conduct the public hearings. The motion was adopted
unanimously (5-0).
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Chairman Bradshaw called for a public hearing, on the following:
A. Public Comments on Proposed Jones Creek Bridge (Route 704).
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the. proposal for. the Jones Creek Bridge.
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Nancy Guill of Rescue presented copies. of letters signed by a group of
citizens. She stated she has not heard any citizen endorse the current design
of the. bridge. She stated had the residents of Rescue been consulted by
VDOT before the end of the process. they would have expressed their
comments, suggestions and desires. in a timely manner. She requested
VDOT place a weight restriction on the bridge; ensure design aesthetics,
and, return to the twelve (12) foot bridge height originally designed.
Pat Clark of Carrollton voiced his objection to the proposed seventeen
(17) foot proposed height due to the loss of property of landowners along
Jones Creek.
Bill Hayes voiced his objection to the proposed seventeen (17) foot
height because it will have a bigger draft on the channel at Jones Creek. He
requested the Board consider the cost to dredge the mouth of the creek.
Jim Holtoff, landowner adjoining Jones Creek, stated for the amount
of money he paid for his waterfront property and the annual taxes paid on it,
he does not believe it is right that if natural resources are present that require
nothing other than a larger bridge to allow whatever size boat he desires at
his home. He stated he should not be limited to .the size of his boat because
residents do not want to look at a tall structure. Using a forty (40) foot boat
as an example, he noted that just one (1) boat paying taxes at the current tax
rate would pay for the increase in the bridge height. He stated his property
has had no erosion due to the increased boat traffic. He stated the- times
have changed and encouraged the Board to look at a larger bridge to
accommodate the use of natural resources to its. fullest potential.
Terry Kelpien, owner of a larger boat, noted he can not go under the
bridge at its present height. He noted the causeway needs to be raised
because of high tides to allow passage under the bridge.
Ted Kelpien, adjacent landowner to Jones Creek, spoke in favor of the
proposed height. He noted he could not take his largest boat under the
bridge.
Mark Morin, landowner at Jones Creek, spoke in favor of the present
proposal to raise the bridge to a height of seventeen (17) feet. He noted the
County would be the .only area that restricted access to a significantly
navigable body of water if the bridge was built to anything less than
seventeen (17) feet.
Parker Scott of Rescue stated he would rather see the funds that would
be spent on raising the height of the bridge spent on raising the causeway.
William Carter of Rescue stated there is no need for a high bridge
where there is not an adequate channel.
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George E. Wyatt, Sr. spoke in opposition to the proposed bridge
because of loss ofland to his property.
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Thomas Finderson of Newport District distributed a map illustrating
the depths of the creek.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor.Clark stated he received a call from William Johnston of
Rescue who is concerned that additional land of his will be needed because
of the proposed height of the. bridge..
Mr. Neblett replied that when VDOT shifted the centerline of the
bridge caused it to be closer to his home. He stated the additional height of
the bridge should not affect his home as it is the horizontal alignment that
affects how close the bridge will be to his home.
Supervisor Claud asked the construction time deferential between the
height of twelve (12) feet and seventeen (17)-feet.
Mr. Neblett stated there should be no difference or insignificant.
Supervisor Claud inquired as to the .cost deferential between the
construction of the bridge from twelve (12) feet to seventeen (17) feet.
Mr. Neblett replied $150,000 to $200,000 on a $3,000,000 bridge.
Supervisor Claud asked how much money has been spent on the
original design and redesign.
Mr. Neblett stated $1.5 million .from the beginning of the project to
date.
Supervisor Claud asked what would it cost to redesign the bridge to a
twelve (12) foot bridge.
Mr. Neblett replied $300,000 to $400,000.
Supervisor MacManus asked what the financial impact would be to
have a bridge design more aesthetically appropriate for .the historic areas of
Battery Park and Rescue.
Mr. Neblett replied approximately $200,000.
Supervisor MacManus asked if the time to build the bridge could. be
reduced.
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Mr. Neblett replied based on projects in the past, a two (2) year
construction time period is not unreasonable.
Supervisor Clark asked if the determination has already .been made to
build thebridge at seventeen (17) feet.
Mr. Neblett replied "yes" and if the Board wished to change the height
of the bridge he would have to discuss the matter further with the VDOT
District Administrator. He noted that VDOT may very well build the bridge.
at a height of seventeen (17) feet regardless of what the Board wishes.
Supervisor Claud stated he could relate first handtopeople who own
lakefront property and can't get out, however, if the bridge was being ,built
for only five (S) or ten (10) years, he would be apt to vote for the twelve (12)
feet, but the bridge should last fifty (SO) to sixty (60) years he has a diffcuit
time restricting the waterway. He stated.. he could support the height. of
seventeen (17) feet as being in the best interest of the County and he
requested that something. be done. to the aesthetics of the bridge.
Supervisor MacManus stated the bridge should .appear as an asset to
the communities of Rescue and Battery Parke and that he would request .the
bridge downtime be minimized to the greatest extent possible. He stated he
supports the seventeen (17) foot height because he feels it best serves the
community in the long term.
Supervisor Bradby stated a design is in place for a seventeen (17) foot
bridge and he could not see spending additional funds to return to the twelve
(12) foot design because these funds could be used -for other road
improvements.
Supervisor Clark stated. he is concerned with the Johnston property.
who is adversely affected by the design of the bridge.. He stated he would
like to see that load limits are placed on the bridge. He further stated he
believes there should be a "no wake" zone from the beginning of the creek
to the mouth of the larger body of water to cut down on the erosion
problems.
Supervisor Claud moved the Board direct staff to prepare a resolution
and bring back to the Board for consideration at its October 19, 2000
meeting. The resolution should include a height of seventeen (17) feet,
make reference to design .aesthetics, weight limits for truck traffic (or no
thru truck traffic), timeframe incentives and allow for protection .for the
property of William Johnson. 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:
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B. The application of Marilynn C. Edwards for a change in zoning
classification from-RAC to Rural. Residential of approximately
two (2) acres of land: Said land is located on the west side of
Wrenn's -Mill Road (Route 677) north of its intersection with
Mill Swamp Road (Route 626) in Hardy Magisterial District.
The purpose of the application is for two (2) single-family
residential lots...
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Upon no one appearing, Chairman Bradshaw closed the public. hearing
and called for comments from the Board.
Supervisor MacManus inquired from Mr. Hartley why three (3)
members of the Planning Commission members did not .support the
application.
Mr. Hartley replied the issue of cash proffers.
Supervisor Claud inquired -how many lots could be created under the
scenario of family member transfers.
Mr. Hartley stated the number of lots under the current ordinance
provisions are limited only to the number of remaining family members.
Supervisor Bradby moved the Board approve the application of
Marilynn C. Edwards. The motion was adopted (3-2) with Supervisors
Bradby, Bradshaw and Claud voting in favor of the motion (3-2) and
Supervisors Clark and MacManus voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
C. The. application of R. Forrest & Janice B. Scott to amend
conditions of Conditional General Commercial zoning of .32
acre of land. Said property is located on the south side of
Brewer's .Neck Boulevard at: 20370 Brewer's Neck Boulevard,
Carrollton, in Newport Magisterial. District. The amendment
will allow additional business uses as conditioned.
Chairman .Bradshaw .called fore citizens. to speak in favor of or in
opposition to the proposed application.
Forrest Scott spoke in favor. stating he purchased the property ten (10)
years ago and rezoned it to commercial use for personal use as a contracting
business office,. storage, shop. He stated his long-term plans included rental
. for retirement. He stated he sold. the business three (3) years ago which
expired July 1, 2000 and upon his advertisement for rent he was informed
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.that an auto-sales business is not approved for that property.. He requested
the Board. approve his request for additional uses, to include motor vehicles
sales or rental with the stipulation that it would only be approved as long as
he owned the property.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw noted for the record receipt of a note received
from Mrs. Chapman, an adjoining property owner, in support of the
..rezoning.
County Attorney Crook stated the only problem he has is that in the-
public notice the limited uses are included as a proffer, but now there is a
oral change of the uses which has to be awritten proffer before this public
hearing. He stated if the applicant is trying to change his proffer at this
point, it would have to be readvertised and another public hearing be held
with this change in proffers provided in writing.
Chairman Bradshaw referenced the letter from the Director of
Economic Development regarding development in the County and stated he
has a concern because the Board is giving the applicant unlimited access. to
permissible uses.
Mr. Scott. withdrew his verbal request for the additional uses.
Supervisor Claud moved the Board approve the application of R.
Forrest & Janice B. Scott with only the written proffered uses as
recommended by the Planning Commission. The motion was adopted with
Supervisors MacManus, Clark and Claud voting in favor of the motion (3-2)
and Supervisors Bradshaw and Bradby voting against the motion.
Chairman Bradshaw called .for a public hearing on the following:
D. The application of the Ivy Johnson Turner Estate and William R.
Turner, Jr. and .Nancy D. Turner for a change in ,zoning
classification from RAC to Conditional General Commercial
approximately 52.4. acres and to Conditional Light .Industrial
approximately 10.9 acres... Said property is .located on the north
side of Carrollton.. Boulevard (Route 17) at the terminus with
Brewers Neck Boulevard (Route 32), west of Channell Way
(Route 662/663) in Newport Magisterial District. The purpose
of the application is for a retail shopping 'center and
office/warehouse use, as conditioned.
Chairman Bradshaw called for citizens to speak in .favor of or in
opposition to the proposed. application.
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Randy. Williams, Engineering Services, representing the developers,
,briefed the Board on the project. He stated regarding the weaknesses noted-
in the staffreport, the configuration of major traffic flows at the major
intersection of Routes 17 and 32, there has been a traffic study done with
proposed improvements. He stated regarding the concern of staff that this is
the gateway to the County, the. developer has done work all over Tidewater
..and the proposed project is a nice looking project.
Chairman Bradshaw referred to proffered condition #9 where it states
a .parcel of adequate size will be donated to .the County for a public safety
facility. He inquired what the statement "that no monetary compensation is
desired by the developer for. the property with the exception of a pro-rata
share of the cost of the infrastructure and land development for the donated
parcel" means.
Mr. Williams stated the applicant is going to give the County the land,
but the County will. have to pay for part of the development.
Chairman Bradshaw stated the Director of Economic Development has
advised that the proffered condition # 1 dealing with .the construction design
does not guarantee that the elevation proposed will be followed.
Mr. Williams stated that this will be up to the Director of Planning and
Zoning to concur that the project complies with the architectural rendering.
Kevin Glenn, Armada Hoffer Development, stated the `elevation could
change by the size of the building and he tries to keep it where there is the
most flexibility.
Chairman Bradshaw noted. that the developer could add to the
condition that it is up to the Director of Planning and Zoning to approve the
plan in writing.
William Robert Turner, Jr., representing the. estate, stated he is in
favor of having the property rezoned.
Mike Alexander of Newport .District addressed the retention ponds,
specifically the maintenance and performance requirements which are
'costly. He noted that the County does not have anything in place to ensure
that routine maintenance transpires.
Thomas Finderson of the Newport District pointed out that the Town
of Smithfield .will lose business, but. in the long run the project will be
economically viable for the County.. Mr. Finderson expressed a concern
with storm water seeping. into the unnamed creek off of Ragged Island and
the potential for flooding.
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Gerianne Gardner of the Newport District requested the Board require
the developer to come back to the Board if the developer wants to make the
dead-end road longer. She .noted that a WQIA should be done before
approval by the Board.
Grace Keen of the Newport District requested the Board keep in mind
that the proposed location is a main corridor into the County and she
requested the Board have proffers in writing showing how this development
will fit into the corridor.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Mr. Williams addressed the of BMP. maintenance.. He stated routinely
in the design is the .maintenance. schedule and the life of the facility is
twenty (20) to forty (40) years. He stated the developer owns the facility
and he is responsible for the maintenance. He stated the WQIA gets
addressed through the Planning Commission. He stated regarding
surrounding creeks,. the project will not cause it, creating it or making it
.worse and all developments now have to hold to predevelopment levels.
Supervisor Clark requested that the Beautification Committee be kept
apprised and. that a meeting be set up between the .Committee and the
developer to discuss the aspects of the development.
Supervisor MacManus moved the Board approve the application of the
Ivy Johnson Turner Estate with the proffers modified, as follows: #1, add
"subject. to the approval of the Director of Planning and Zoning"; #9,
becomes one sentence "a parcel of adequate size will be donated to the
County for a public life safety facility when the property is developed"; and
# 11, to state "a BMP maintenance plan will be :submitted to the Director of
Planning and Zoning with the site plan and with follow-up reports every six
(6) months." 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 Leslie W. Thacker Estate, owner and Fannie
P. Richardson and Reginald Charity, prospective owners, for a
Conditional Use Permit to construct and operate an assisted
living facility on 43 acres of land located on the south side of
Mill Swamp Road at 13374 Mill Swamp Road, Smithfield, in
Hardy Magisterial District.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the application. .
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.Linda ,Morgan, Mill Swamp Road, requested the Board not grant a
Conditional Use Permit because the facility. built. in this rural area will
forever change the quality of life for the adjacent property owners and
nearby neighbors; the area was previously designated as a rural agricultural
conservation area to preserve farmland and open spaces; the impact upon the
deep wells and sewage disposal were .unclear; increased traffic; and, the
increased demands for fire and police. protection will require subsequent
personnel and a water system for fire fighters.
Curtis Robertson spoke in opposition stating Mills Swamp Road is a
narrow two (2) lane road traveled by residents and farmers for transport of
farm equipment and an increase in residents in the. area which will increase
a congested road. He noted Mill Swamp Road has no public utilities. He
stated the Comprehensive Plan does not bring water and sewer to this area
which will require that a large well and septic system will have to placed on
the facility and what would happen to the nearby wells currently in use.
Alan Thacker of Mill Swamp Road expressed his opposition stating
the construction and use of the facility would have a strong negative impact
on the existing residents in the area.. He noted a concern with the impact on
existing wells, sewage.disposal, what would happen to the cemetery located
on the property, increased traffic, and dust enveloping the facility during
farming, lack of afull-time search and rescue team.
Chairman Bradshaw closed the public hearing and Balled for
comments from the Board.
Supervisor Bradby noted he has received many phone calls. from
citizens speaking: against the application, as well as the recommendation of
the Planning Commission to deny the application.
Supervisor Bradby moved the Board deny the application of Leslie W.
Thacker Estate. -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 .request of Robert J. Swain for an exception to the
Chesapeake Bay Preservation ..Area Ordinance, specifically
encroachment into .the fifty {50) foot Resource Protection Area
Buffer, for lot # 12 on .Mariners .Circle in Gatling Pointe
Subdivision, Newport Magisterial District.
Chairman Bradshaw called for citizens. to speak in favor of or in
opposition to the request.
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William H. Riddick, attorney, representing the applicants, stated the
lot was not designed taking into consideration the design criteria of the
Chesapeake Bay Act. He stated it is the Attorney General's opinion that the
Chesapeake Bay Act shall not .affect vested rights of any landowner -under
existing law and that those rights are transferable. He stated the site plan
.was .redesigned and the Planning Commission previously agreed with the
redesignbutrecommended the applicants. seek a variance from. the Board of
Zoning Appeals to permit the house to be moved twelve and one-half (12.5)
feet forward on the lot to a thirty (30) foot setback rather than a forty-seven
and one-half (47.5) .foot setback line. He noted that the Board of Zoning
Appeals unanimously approved the variance on September 11, 2000 and on
September 12, 2000 the Planning Commission recommended unanimously
that the waiver be approved. He stated the .Swains are attempting to build a
home like the homes on either side of their lot. He stated the applicants
received a letter from CBLAD today and he noted that some of the things
CBLAD is requesting are not relevant to a lot such as this. He stated the
applicants can do all that CBLAD is requesting, but at a cost of thousands of
dollars and the time of staff.
Chairman. Bradshaw .closed the .public hearing and... called for
comments from the Board.
Supervisor Claud noted he visited the lot and observed it to be very
constrained and that the other homes in the. immediate area are built in
almost the same situation.
Supervisor MacManus stated in looking at the footprint of the
property, the house the applicants desire is not. possible on this piece of
property and he could not see a home like the applicants desire ever being
acceptable to CBLAD if the request was approved by the Board.
Supervisor Clark stated the property was purchased in 1996 and the
Chesapeake Bay Act was in effect. He suggested the Board refer the request.
to the Planning Commission to review the comments received from
CBLAD.
Chairman Bradshaw agreed stating what CBLAD has presented is a
major change in what the Planning Commission has seen and theapplicant
should have an opportunity to present its case.
Attorney Riddick stated the applicant can comply with all of the
requirements of CBLAD,. that the runoff be reduced .that is the same post
construction as pre-construction. He noted the applicants. are not willing to
reduce the size of their home, however. He noted the .applicants will never
be able. to completely comply with the provisions of CBLAD because the lot
was platted before the regulations were developed.
15
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Supervisor Clark moved the .Board refer. the request to the ,Planning
Commission. to review -the comments received from CBLAD. 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 take aten-minute break. The
motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for a public hearing on the following:
G. The. request of Gregory M. & .Sharon F. Hutchins for an
exception to the Chesapeake Bay Preservation Area Ordinance,
specifically encroachment into the one .hundred (100) foot
Resource Protection Area Buffer, for Lot # 11 of the B. T.
Newbill Property, located on Newbill Lane, in Newport
Magisterial District.
1
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the request.
Carl Eason, Jr., attorney representing the applicants, noted the
applicants have. completed a 3,300 square foot home on the property. He
noted the -lot was platted prior to the adoption by the County of .the
Chesapeake Bay Act. He .noted when .the house was approximately 90%
completed, the applicants were requested to address certain erosion control-
items and they were required to obtain a letter .from. a surveyor, properly
endorsed with a seal, stating that if the distance: from the tow of the slope
and the house at the nearest point is less than fifty (50) feet, a waiver must
be requested from the Board. He noted the applicants complied with this
..request and submitted a letter from a surveyor to the County that the house
was not less than fifty (50) feet from the tow of the slope, but rather sixty-six
(66) feet. He stated another letter was received by the applicants from he
County noting two (2) items of concern,. i.e., drainage pipes and the proper
seeding and taking root of grass at the tap of the slope. He noted that on
May 30, 2000 the applicants. received a letter from the .County noting
concern with the one hundred (100) foot buffer requirement and requesting
them to submit a mitigation plan for planting of trees because of the claim
that the .house is within the one hundred. (100) foot buffer. He stated the
applicants were doing everything required by the County from the .beginning
and they started and completed construction of their home. He stated it was
in late July of 2000 when the .house was fully completed. and ready to move
in that the County refused to issue. a Certificate of Occupancy. He stated the
matter for consideration tonight is whether or not the Hutchins have
16
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complied with Section. 5002 of the Chesapeake Bay Preservation Act. He
noted. that the Planning Commission recommended that the waiver request
be granted on the condition that the plantings be finalized, which has been
done and that the applicants .comply with any drainage issues of the
Department of Planning and Zoning..
Tom Allen, AES Environmental, stated he was requested to do a
wetlands delineation. He noted when the survey was done the lines that
were drawn that delineate the wetlands and the RPA were different than the
old survey because someone made a mistake on the. survey. The house is
located. outside the fifty. (50) foot buffer but within the one hundred, (100).
foot buffer.
Sharon Hart of the Newport District noted she is opposed to the
granting of the .variance as proposed by the Planning Commission.. She
stated she is .asking that the excavation creating a downhill flow. to her
ravine be required to be filled in and brought up to the previous land level.
Attorney Eason submitted into record four (4) photographs taken from
the Hutchins .properly looking to the Hart's property illustrating standing
water on the Hart's property and which is flowing from the Hart's -lot to the
Hutchin's lot.
Chairman Bradshaw closed the public .hearing and called for
comments from the Board.
Supervisor MacManus noted. that the Planning Commission has
indicated that BMPs and drainage are a concern.. He suggested that a
qualified environmental engineer provide recommendations to alleviate the
drainage. concerns. of the Planning. Commission. He recommended that a
report be provided to the. County within one (1) year to ensure that the
BMPs are established and in place.
Supervisor MacManus moved the Board grant a temporary Certificate
of Occupancy for a six (6) months period and. that an environmental
engineer be .hired to ensure there is no excessive drainage from the Hutchins
lot onto the Hart's property and that a report be provided to the Department
of Planning and Zoning within one (l) year to ensure that the. BMPs are
established and in place. 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. An Ordinance to Amend the Chesapeake Bay Preservation Area
Ordinance, Appendix . B-1, of the Isle of Wight County Code,
Article VI, Administrative Procedures, to Increase Penalties and
Add. Enforcement Provisions for the Zoning. Administrator.
17
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Qo~~ ~~ ..'~1~
County Attorney Crook stated the additions to the Ordinance on page
1 are the administrative provisions for enforcement of the ordinance that are
basically the same as in the Zoning Ordinance. He further stated on page 2,
paragraph 1, increases the penalty from $1,000 to $5,000 for each day of
violation. He stated that: paragraph 2, due to a change in the statute that
authorizes this, allows the Board to provide for the .issuance of an order for a
one (I) time payment of civil charges for each violation in specific: sums not
to exceed $10,000 for each violation.
Chairman Bradshaw called for citizens to speak in favor of or~ in
opposition to the proposed ordinance.
Upon no one appearing, Chairman Bradshaw closed the public hearing
and called for comments from the Board.
Supervisor Claud suggested inserting on page 1, item 1 where it states
the Zoning Administrator be the authorized designee, Planning Commission
members and Board of Supervisors members shall have the authority to
conduct inspections upon the property, that "including. all persons
designated by the Board of Supervisors" be inserted.
Supervisor Claud moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND THE CHESAPEAKE BAY PRESERVATION
AREA ORDINANCE, APPENDIX B-1, OF THE ISLE
OF WIGHT COUNTY CODE, ARTICLE VI, ADMINISTRATIVE
PROCEDURES, TO INCREASE PENALTIES AND ADD ENFORCEMENT
PROVISIONS FOR THE ZONING ADMINISTRATOR
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia, that the Chesapeake Bay Preservation Area
Ordinance adopted by the Board of Supervisors of Isle of Wight County, Virginia,
on November 15, 1990 as Appendix B-1 of the Isle of Wight County Code, Article
VI, Administrative Procedures, Section 6008, be amended to read as follows:
Section. 6008. Enforcement, Violation. and Penalties.
1
(a) The primary responsibility .for administering and enforcing this
Ordinance shall be assigned to the Zoning Administrator or a duly
authorized designee.. The Zoning Administrator.or Ms duly authorized
designee, Planning Commission members and Board of Supervisors
members including other :persons designated by the Board of
Supervisors, shall have authority to conduct inspections and surveys
upon the property affected by this Ordinance to determine compliance
with this Ordinance. The Zoning Administrator shall seek criminal or
.civil enforcement for any provision of this Ordinance and take .any
action on behalf of .the .County to prevent or abate any violation or
potential violation of this Ordinance. The Zoning Administrator shall
18
BJ~~11 1~ rY .'r~~o
render interpretations, upon written request of an interested person
whose property may be .affected, as to the applicability of this
Ordinance to particular uses in its application to the factual
circumstances presented. The Zoning Administrator shall design and
distribute applications and forms required for this Ordinance and
request information which is pertinent to the request of the approval
and shall perform such other duties as are necessary for the proper
enforcement and administration of this Ordinance.
(b) In addition to any other .remedies- in, paragraph (a) above, the
following penalties are incorporated in this Ordinance as follows:
(1) Any person who: (i) violates any. provision of this.
Ordinance or (ii) .violates or fails, neglects, or refuses to obey any
Board of Supervisors' or the Zoning Administrator's final notice,
order, rule, regulation, or variance or permit condition authorized
under this Ordinance shall, upon such finding by an appropriate
Circuit Court, be assessed a penalty not to exceed $5,000 for each
day of violation.
(2) With the consent of any person who: (i) violates any
provision of this Ordinance or (ii) violates or fails, neglects, or
refuses to obey any Board of Supervisors' or Zoning Official's,
notice, order, rule,. regulation, or variance or permit condition
authorized under this .Ordinance, the Board of Supervisors may
provide for the issuance of an order against such person for the one-
time payment of civil charges for each violation in specific sums, not
to exceed $10,000 for each violation. Such. civil charges shall be
paid into the treasury of .Isle of Wight County for the purpose of
abating environmental damage to or restoring Chesapeake- Bay
Preservation Areas in the County except that where the violator is
the County or its agent, the -civil charges shall be paid into the state
.treasury. The civil charges shall be in lieu of any appropriate civil
penalty imposed under subdivision (1) of this subsection. Civil
charges may be in addition to the cost of any restoration required or '~
ordered by the Board of Supervisors or Zoning Administrator.
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:
I. The request of Brian Rowe and Company to amend. an exception
to the Chesapeake Bay Preserva~ion Area Ordinance, specifically
encroachment into the fifty (50) foot Resource Protection Area
Buffer for lot #15 on Mariners Circle in Gatling Pointe
Subdivision, Newport Magisterial District.
1
19
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l
Chairman Bradshaw called for persons to speak in favor of or in
opposition of the request.
William H. Riddick, attorney for the applicant, stated that Mr. Rowe
met with the Environmental Planner on the site and Mr. Rowe believed that
he had a verbal authorization to make the changes he made. He stated Mr.
Rowe filled in a small corner of a RPA, put in rip raft that he should not
have and built the house 13% larger than he was supposed to have built it.
Attorney Riddick proffered to the Board that the BMP structures would be
installed after approved by County staff to handle the runoff immediately
. upon granting of the waiver and that he voluntarily offer to pay a fine.
John Goss of Virginia Beach, an investor, apologized to the Board for
coming into the County and doing this. He stated he agrees to pay the fine
of $6,600.
.Thomas Finderson, resident of the Newport. District, read a letter from
Diana Conrad of 107 Mariners Circle, who could not be present tonight. and
who recommended a $10,000 fine. She further recommended Mr. Rowe be
banned from building in the County, if possible.
1
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
In response to an inquiry from Supervisor MacManus, Mr. Hartley
indicated that four (4) violations had occurred and the maximum fine
possible would be $40,000. Attorney Riddick responded on his client's
behalf that the house would be marketed for $335,000. .Supervisor
MacManus indicated. a fine of $16,000 or approximately 5% of the house
price appeared appropriate..
Supervisor Claud moved the Board find Mr. Rowe in violation of the
Chesapeake Bay Preservation Area Ordinance provisions and issue a .fine of
$6,650, as recommended by the Planning Commission. .The motion was
adopted (3-2) with Supervisors Bradby, Clark and Claud voting in .favor of
the motion and Supervisors Bradshaw and MacManus voting against the
motion.
1
Supervisor .Claud moved the Board grant the variance request
conditioned upon the payment of the fine and.. compliance with other
conditions, as recommended, 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:
20
J. An Ordinance to Amend Section 4-6 of the Isle of Wight County
Code to Provide Fees for Inspections of Elevators. '
County Attorney Crook stated this is an amendment to the Building
Code as requested by the Superintendent of Inspections.
Chairman Bradshaw .called for citizens to speak in favor of or in
opposition to the proposed. ordinance. <
Upon no one appearing, Chairman Bradshaw closed the public hearing
and called for comments by the Board.
Supervisor Claud moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND SECTION 4-6 OR
THE ISLE OF WIGHT COUNTY CODE TO PROVIDE.
FEES FOR INSPECTIONS OF ELEVATORS
BE IT AND IT IS HEREBY ordained that Chapter 4, BUILDINGS, Article
III, Inspections, Section. 4-6, Existing Buildings and Structures, of the Isle of
Wight County Code be amended to add the following as the second paragraph
thereof:
Issuance. of Certificates of .Compliance for existing ,elevators and
associated equipment by the building official of the county at the
request of the :owner upon receipt of adequate proof of inspection in
accordance with ASME Standards A17.2.1 and A17.2.2 and payment
of a fee of wenty-five ($25.00) dollars.
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 return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
Chairman Bradshaw called for the continuation of Citizens Comments.
Bill Hayes addressed the .Board on his suggestions for emergency
sheltering.. He noted that there will be a shortfall in money if the Carrsville
Emergency School is opened up as an emergency .operations .center. He
further noted the schools are closed in the summertime and should an
emergency arise, how will the citizens be fed as there is no food in the
schools. He suggested a canteen be set up for the people in the shelters until
the American Red Cross could. get here.
21
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BO~a ~~ .~;;r4~3
Sharon Hart requested a time extension for at least sixty (60) days
relative to the proposed zoning violation on her property.
Chairman Bradshaw advised the public of the policy adopted by the
Board that all citizens will be required to sign in prior to the meeting to
make comments.
//
Chairman Bradshaw called for the Community Development report.
Mr. Hartley addressed the Board on the nomination of Ragged Island
Creek as an exceptional waterway.
.Supervisor Clark .moved the Board table consideration of the matter
until its meeting on October 5, 2000 due to the lateness of the hour so that
the matter can be carefully considered by the Board and that staff invite a
representative from the Department of Environmental Quality to address the
Board on this .issue. 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 Mr. Hartley provide copies of the final
draft to the Board as soon as possible.
Mr. Hartley distributed information concerning the Comprehensive
Plan, including maps, which he noted are incorporated on the County's web
site.
Supervisor MacManus moved the Board direct Mr. Hartley to provide
the -Board with large scale .copies of maps of the Comprehensive Plan and
that they also be sent to the various libraries and schools. 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 County Administrator's report.
Chairman Bradshaw called for consideration of a Resolution to
Appropriate $24,826 From the Unappropriated Fund Balance of the General
Fund for the Purchase of Sheriffs 'Vehicle.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWENTY FOUR THOUSAND EIGTH
HUNDRED TWENTY SIX DOLLARS FROM THE UNAPPROPRIATED
22
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eu~h 19 ,N;.-424
FUND BALANCE OF THE GENERAL FUND FOR THE PURCHASE OF
SHERIFF'S VEHICLE
WHEREAS, the, Board of Supervisors. of the County of Isle of Wight,.
Virginia has approved the carryover. of appropriated funds for the purchase.
of a vehicle. for the Sheriff s Department; and,
WHEREAS, the funds in the amount of twenty four thousand eight
hundred twenty. six dollars ($24,826) need to be appropriated to complete
.the 1999-00 approved Capital Budget purchase of Sheriff vehicles from the
Unappropriated Fund Balance of the General Fund to the 2000-01 Operating
Budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND.IT IS HEREBY RESOLVED by
the Board of Supervisors of the .County of Isle of Wight, Virginia that the
sum of twenty four thousand eight hundred twenty six dollars ($24,826)
from the. Unappropriated Fund Balance of the General .Fund be appropriated
to the 2000-01 Operating Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the. budget and to do all things necessary to give
this resolution effect.
The motion was adopted 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 consideration of a Resolution to Submit
an Application for Funds to Stock the Mass Casualty Incident Trailer and to
Accept and Appropriate Grant Program Funds From the Commonwealth of
Virginia Office of Emergency Medical Services.
Supervisor MacManus moved the Board adopt the following
resolution:
RESOLUTION TO SUBMIT AN APPLICATION FOR FUNDS TO -STOCK
THE MASS CASUALTY INCIDENT.TRAILER AND TO ACCEPT AND
APPROPRIATE GRANT PROGRAM FUNDS FROM THE
COMMONWEALTH OF .VIRGINIA OFFICE. OF EMERGENCY
MEDICAL SERVICES
WHEREAS, the Board of Supervisors of the .County of Isle of Wight,
Virginia has approved the grant applicationto the Commonwealth of
Virginia, Office of Emergency Medical Services for the RSAF grant funds;
and,
23
ft
9.~~~~ ~1~ -.::-425
1
WHEREAS, the funds in the amount of six thousand seven hundred
fifty one dollars and 91 cents ($6,751.91) need to be appropriated to the
appropriate line item in the FY 2000-01 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, Virginia that six
thousand. seven hundred fifty one dollars and 91 cents ($6,751.91) be
appropriated to -the appropriate line item in the 2000-01 Operating Budget of
the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in .the budget and to do all things necessary to give
this resolution effect.
The motion. was adopted .with .Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
1
Chairman Bradshaw called for consideration by the Board on the issue.
of the Gas and Electric Utility Tax conversion due to deregulation.
Supervisor Clark moved the Board authorize staff to advertise a public
hearing on October 19, 2000 an. amendment to the County's Consumer
Utility Tax .Ordinance, as prepared by the County Attorney and staff 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.
Donald T. Robertson, Assistant County Administrator/Director of
Human Resources, briefed the Board on the Video Conferencing Block
Grant.
1
Supervisor Clark moved .the Board authorize staff to take appropriate
action to pursue the Block Grant. 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 addressed the Board concerning the Pay and
Classification Plan. He requested the Board authorize staff to place $10,000
in the Human Resources budget as a contingency line item to allow
amendments, as appropriate, to the County's Pay and Classification Plan.
Chairman Bradshaw moved the Board authorize funding in the
amount of $10,000 to be placed in the Human Resources budget as a
contingency line item to allow amendments to the Pay and Classification
Plan, as appropriate. The motion was adopted with Supervisors MacManus,
24
4 '
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
.County Administrator Caskey advised the Board of a letter received
from James River Association advising of an annual meeting scheduled ..for
October 8, 2000.
Chairman Bradshaw requested. the County Administrator provide
copies of the letter to the Board members concerning an annual meeting
scheduled for October 8, 2000.
//
Supervisor Claud moved the Board amend the order of the agenda in
order to consider the matter of the Windsor Woods application listed under
Old Business.
Chairman Bradshaw called for Old Business.
A. The application of Windsor Woods, LLC to amend NC-C-RI,
Conditional .Residential Limited Zoning of the Windsor Woods
Subdivision located on the east. side. of Courthouse Highway
(Route 258) between Five Forks Road (Route 606) and Court
Street (Route 610) in Windsor Magisterial District. The
purpose of the request. is to increase the number of single family
lots in thee. subdivision. from 78 lots to no more than 124 lots, as
conditioned. (Tabled July 20, 2000).
Chairman Bradshaw noted the attorney for the applicant has requested
the matter be tabled for si~cty (60) days to provide an opportunity to make
the necessary changes and meet with the residents of Windsor Woods.
Supervisor .MacManus moved the Board refer the, matter back to the '
Planning Commission with a schedule deadline of December, 2000 to work
with the citizens and residents of Windsor Woods to come up with an
acceptable compromise. 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 consideration of the following:
B. An Ordinance to Amend the Isle of Wight County Zoning
Ordinance to Add the U:S. Army .Corps of Engineers Flood
Study of the,Blackwater River Dated February 2000 Under Part
3 -Flood Plain Management (FPM) District Section 4301(a)(1).
Chairman Bradshaw requested Mr. Hartley provide copies of the maps
illustrating the. affected properties.
25
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9~r„ ~~ ,N_-,~Z7
Supervisor MacManus moved the Board adopt the following
Ordinance:
1
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF ISLE OF WIGHT COUNTY TO ADD THE U. S. ARMY
CORPS OF ENGINEERS FLOOD STUDY OF THE BLACKWATER
RIVER DATED FEBRUARY 2000 UNDER PART 3 -FLOOD PLAIN
MANAGEMENT (FPM) DISTRICT SECTION 4301 A.1.
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
..Isle of Wight County, Virginia, that the Zoning Ordinance of Isle of Wight
.County, Virginia, Part 3. -Flood Plain Management (FPM) District, Section
4301 A.1. be amended to read as follows:
'~
1. Areas designated as being within the 100-Year flood plain by the
Flood. Insurance Study (FIS) prepared by the Federal Emergency
Management Agency and as delineated, on the Flood Insurance Rate Map
(FIRM) dated August 19, 1.991 or as subsequently may be amended as Zone
A, Zone AE, Zone V or Zone VE, or the Flood Study of the Blackwater
River dated February. 2000, prepared by the U.S. Army Corps of Engineers.
A-copy of the FIS, FIRM, and Flood Study of the Blackwater River shall be
filed in .the Department of Community Development and are hereby made
part of this Article.. The Flood Plain. Management District (as identified in
the FIS and Flood Study of the Blackwater River) is comprised of five sub-
districts: the Floodway District, the Floodfringe District, .the Approximated
Flood Plain District, and the Coastal Flood Plain/Coastal High Hazard Flood
Plain Districts. The description of these districts and corresponding zones
are identified in the aforementioned FIS report and Flood Study.
The motion. was adopted with Supervisors MacManus, Bradby, Clark
and Claud voting in favor of the motion (4-1) and Supervisor Bradshaw
voting against the motion.
Supervisor Claud acknowledged staffls efforts in preparing the
Bikeway Facilities Plan.
//
1
Supervisor MacManus moved the Board return to the regular order of
the agenda. The motion was. adopted. unanimously (5-0).
//
Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook. distributed a revised agreement with Charter
Communications which-incorporates the promise to reduce the density to the
26
90{~4 ~~ ~r'~i' Z~V
requirements of twenty (20) residences .per .mile. He noted the General
Manager has advised he is forwarding.. the agreement to the appropriate
Charter representatives for review.
Chairman Bradshaw requested that the General Manager be invited to
attend the Board's October 5, 2000 meeting:
County Attorney Crook stated he corresponded previously with the
Board members concerning the modified Annexation Agreement for. the
Town of Windsor which will require a public hearing since it is a
modification to the agreement. He requested the Board authorize him to
advertise the agreement for public hearing. at the Board's October 19, 2000
meeting.
Supervisor Claud moved the Board authorize the County Attorney, to
advertise for public hearing the Town of Windsor Annexation Agreement
for the Board's meeting of October 19, 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.
County Attorney Crook reported .that he and the Director of Public .
Utilities. met with AES Engineering today and another meeting is scheduled
in three (3) weeks.
Barbara Mease, Executive Director, .The Children's Center, briefed the
Board on several proposals concerning the location of a Center in the
Smithfield area. She noted The Children's Children is suggesting that it
build a small building on a part of the property line with the Jaycees have
access and an easement onto either street. She requested that if the Jaycees
in the future are not in the present building .that The Children's Center will
speak. with the Board again about utilizing that building.
Chairman. Bradshaw moved the Board direct the Director of Planning
and Zoning, the County Administrator and County Attorney to meet with
representatives of The Children's Center and provide the Board with a
recommendation on the Center's request to build a facility. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting
in favor of the motion (4-0) and Supervisor Clark absent for the vote.
County. Attorney Crook stated he has met with all. boards and
commissions concerning the proposed ordinance to .require Disclosure
Statements. He requested the Board authorize him to advertise the matter
for public hearing for the Board's October 19, 2000 meeting.
Supervisor MacManus moved the Board authorize the County
Attorney to .advertise the ordinance for public hearing at the Board's
October 19, 2000 meeting. The motion was .adopted with. Supervisors
27
...
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
County Attorney Crook notified the Board that he has not yet received
the deed for Yellow Rock Road.
County Attorney Crook noted he has several matters for closed session
later in the meeting.
//
Chairman Bradshaw called-for the continuation of Old Business.
Supervisor MacManus inquired as to the status of the amendments to
Zoning Ordinance for engineering expenses to be incurred by the applicant.
County Attorney Crook advised he has forwarded a draft to Mr.
Hartley and the matter will be brought to the Board for consideration at its
October 5, 2000 meeting.
1
Supervisor Clark requested Mr. Hartley advise Mr. Naber that Gayle
Way has been put on the list of Rural Addition Roads and that Gayle Way is
the fourth (4) road on this list and .staff is in the process. of ensuring that
there are no encroachments or encumbrances.
County Administrator Casket' advised that a letter was mailed to Mr.
Naber today with a copy to .Supervisor Clark concerning the status of this
roadway.
County Attorney Crook advised an amendment to the Chesapeake Bay
Preservation Area Ordinance to provide for public. hearings for exceptions
and variances has been properly- advertised for public hearing by the
Planning Commission at its next meeting.
//
Chairman Bradshaw called for New Business.
1
Concerning the violations to the Chesapeake .Bay Preservation Area
Ordinance on the Hart Properly and Mrs. Hart's request for a time extension,
Chairman Bradshaw moved the Board grant the Harts a sixty (60) day
extension to comply with. the. request. of the Zoning :Administrator. 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 Mr. Hartley provide the Board with a
copy of the letter sent to the Harts by staff concerning this violation.
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Chairman Bradshaw called for Appointments..
Supervisor Claud moved the Board reappoint Dorothy G. Gwaltney,
representing the Windsor District on the Historical Architectural Advisory
Committee. The motion was adopted unanimously (5-0).
Supervisor Clark moved the Board .reappoint Grace Keen, representing
the Newport District, on the Commission on Aging. The motion was
adopted unanimously (5-0).
Supervisor Clark moved the Board. appoint Reverend James Key, III,
replacing Pinkie Davis, on the Southeastern Tidewater Opportunity Project.
The motion was adopted unanimously (5-0).
//
County Attorney Crook requested a closed session under Section. 2.1-
344 A7 of the Freedom of Information Act concerning advice of counsel on
matters involving contract negotiations and under Section 2.1-344 A7
concerning advice of counsel on a litigation. matter, and under Section 2.1-
344 A7 involving advice of counsel on certain aspects of intergovernmental
negotiations which require advice. of legal counsel.
Chairman Bradshaw requested a closed session under Section 2.1-344
Al concerning personnel matters, specifically performance and evaluation of
County employees.
County Administrator Caskey requested a closed session under
Section 2.1-344 A3 concerning the acquisition- of property for public
purposes..
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.
Upon returning to open session, .Supervisor Claud 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 aff rmative recorded vote. and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
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WHEREAS, 2.1-344.1D of the Code of Virginia requires a certification
by this. Board of Supervisors that such closed meeting was conducted in
conformity with Virginia lavv~,
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
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
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.
//
Chairman Bradshaw recommended that the joint meeting between the
Board of Supervisors and the School Board be cancelled since the main
emphasis is on the CIP and the School Board Chairman can. not be present
for the meeting as scheduled. He requested the Finance Committee and the
Director of Budget and Finance meet with the School's Director of Finance
to discuss the CIP process.
~i
Chairman Bradshaw moved the Board discontinue _the joint meeting
scheduled with the School Board and direct that the County's Finance
Committee and the Director of Budget and Finance meet with the School's
Director of Finance to discuss the CIP process. 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.
//
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