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12-21-2000 Regular Meeting BQ~t ~:1 ~,, :572 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF DECEMBER 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 1:00 p.m. The invocation was delivered by Supervisor Clark. The Pledge of Allegiance. was conducted. // Chairman Bradshaw called for discussion on the Comprehensive Plan. The individual Board members made the following requests; . Supervisor MacManus requested that the Eastern Virginia Airport Study be included Chairman Bradshaw requested that the Rail Study be included as ' it relates to the possibility of the Route 460 Corridor being expanded :Under Chapter 5:1, Supervisor MacManus requested clarification under last paragraph- regarding striping of rural roads. Under Chapter 5.1, first `paragraph, Chairman Bradshaw requested that the sentence reference only one (1) municipal airport. Under Chapter 5.7, under Capacity Analysis, paragraph two (2), ..Chairman Bradshaw requested levels of service be further clarified. 1 f•. q~,,, ~ ~~ - ~ 573 Under Chapter 5.11, Highway Improvements, bullet one (1), Supervisor Claud requested "1994" be corrected to reflect "2000." Supervisor Bradby requested the County's population verses other localities benoted (Burry and Southampton) as it relates to road improvements. Under Chapter 5.12, under Other Transportation Facilities and Services, Bus Service, Supervisor Claud requested clarification noting this does not apply to the County. Under Chapter 5:13, under Rail Transportation, first. paragraph, Chairman Bradshaw requested "three subsidiaries" be corrected. Under Chapter 5.13, under. Air Transportation, first paragraph, Supervisor Claud requested "Patrick Henry" be changed to reflect "Newport News/Williamsburg." Under Chapter 5.13, under Water Transportation, Chairman Bradshaw requested a reference be included to marinas in the County. Under Chapter 5.13, under Issues, second bullet, Supervisor .Clark requested an additional statement be added relative to .sensitivity to pre-existing neighborhoods for clarification purposes. Under Chapter 5.15, under Implementation, Supervisor MacManus noted- that a Highway Master Plan .for the County may be applicable in several places. He requested a paragraph be developed to explain the benefits of the Plan. Under Chapter 5.19, under Re-evaluate Highway Corridor Overlay Zoning, Supervisor MacManus requested support of the Town of Smithfield's. Highway Corridor Overlay District. This would include the Town of Windsor, when such a District is developed. Under. Chapter 5.22, under .the Bike Plan Map, Chairman Bradshaw noted the. location of Collosse Road is incorrect on .Map 5-4. Under Chapter 5.22, under Comprehensive Plan Transportation .Plan Map, Supervisor MacManus requested that a Benns Church Connector Road be added to the Map .verses a Cypress Creek Connector _Road. Chairman Bradshaw requested that 258 2 Q 90~R ~=7 r~~~~4 WindsorBuckhom Drive be added.. Chairman Bradshaw requested the location of Collosse Road be corrected. Under .Chapter 6.1, under .Sewer Facilities, Chairman Bradshaw requested that the Director of Public Utilities have an opportunity to review all chapters relating to utilities. Under Chapter 6.2, first paragraph, Supervisor MacManus requested the sentence beginning with "effluent discharged into the Pagan River" be deleted.. Under Chapter 6.2, paragraph four (4), Supervisor Claud requested the paragraph be modified to' reflect three (3) mobile home parks instead of two (2). Under Chapter 6.4, under Issues, paragraph one, Supervisor Clark requested "grow" be changed to "expand" and .clarify. the development service districts in .the last sentence of that paragraph. Under Chapter 6.4, under Water Facilities, last paragraph, Supervisor MacManus requested "0..425 million" be changed to reflect "650,000 to 700,000 million" and "1.5 mgpd" be changed to reflect "2.1 mgpd." Supervisor Claud requested under the first and .second paragraphs. that "Public .Service Authority" be changed to "Public Utilities Department." He further requested that the Director of Public Utilities. verify alI figures. Under.-Chapter 6.6, under paragraph. one (1), Supervisor Claud noted water to be supplied to the northern development service district, not to any particular location. Under paragraph ..three. (3), Chairman Bradshaw. noted the water distribution system is owned in Isle of Wight. Supervisor Claud requested under paragraph three (3), "courses of .potable water" be .changed. to reflect "plans." He further requested "Therefore, in the near future, it is anticipated .that" be deleted and replaced with "The Town does. supply water to the industrial park." Under Chapter 6.7, under paragraph .two (2), Chairman Bradshaw noted that the community of Carrsville is no longer served by three (3) wells, rather one (1) well. In the next to last paragraph, Chairman Bradshaw requested "Union Camp Corporation" be changed to "International Paper." He noted "17 wells producing 30 million gallons per day" is incorrect information, as the amount is now less than 30 million gallons. Under Chapter 6.8, under Issues, last paragraph, Supervisor Claud requested that "Management" be removed from "Western 3 1 ~o:~~~ ~~ . X75 Tidewater Water Authority." Chairman Bradshaw requested that the Director of Public Utilities develop appropriate language dealing with excess fluoride. Under Chapter 6.9, Schools & Educational Resources,. under paragraph two (2) Supervisor Claud .suggested changing the word "prompted" to "contributed to." Supervisor MacManus requested the inclusion of all renovation of remaining schools. Under Chapter 6.11, under .Issues, first paragraph, Supervisor Clark questioned if "five years" is accurate. - Under Chapter 6.13, first paragraph, Supervisor Claud requested "grown by one" be verified and advise the correct answer. Under Chapter 6.15, under Health Care,. last paragraph, Supervisor Claud requested that the new nursing home in Windsor be added. Under Chapter 6.15, first full paragraph, Chairman Bradshaw noted that the Carrsville Fire Station no longer serves as a satellite headquarters for the County Sheriff's Department. r Under Chapter 6.16, under Library .Facilities, second .paragraph, Supervisor Claud requested "Smithfield Library Association" be deleted. Under ..thee .first paragraph, Chairman Bradshaw requested that the new library in Carrollton be added. Under Chapter 6.16, under Solid Waste Disposal, Chairman Bradshaw requested the convenience centers be defined and that mention of all "dumpsters" be deleted. He requested the Director of Public Works be requested to work with Mr. Hartley on updating this.. He further requested that the County is a part of SPSA be included, that SPSA has a high rate of recycling and the County has a high rate of localities around (use figures of recycling of waste materials). He requested that SPSA information be included regarding the .biggest problem.. with waste is yard waste (trees, limbs, shrubs) and that household waste is not the problem as far as landfill capacity. Under .Chapter 6.17, under Issues, first paragraph, Supervisor. .Claud questioned if ".beyond 1997" is a correct date. Under Chapter.- 6.18, first paragraph, Chairman Bradshaw requested that "a temporary unit" be deleted. 4 a: ao~~~. 1~ .~.:~ 576 Under Chapter 6:20, under Voluntary Proffers, Supervisor Clark requested that residential developers and individual rezonings be mentioned. Under Chapter 6.21, third paragraph, Supervisor Claud, requested that the paragraph be reworded to include "the rezoning of subdivisions." At 5:55 p.m., Supervisor Clark moved the Board take a five (5) minute recess before continuing with the regular meeting. The motion was adopted unanimously (5-0). N Chairman Bradshaw called for Special Presentations. Chairman Bradshaw recognized the members of the Smithfield Packers Pee-Wee 1 Football Team and read the following Resolution to Recognize the Accomplishments of Smithfield Packers Pee-Wee 1 Football Team: RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF SMITHFIELD PACKERS PEE WEE l FOOTBALL TEAM WHEREAS, the Smithfield Packers Pee-Wee 1 Football Team participated in the Pop Warner Little Scholars Super Bowl which was held December 3-9, 2000 in Orlando, Florida; and,. WHEREAS, the Smithfield Packers Pee Wee 1 Football Team finished the season as the 2"d ranked team in the nation with a record of 12 wins and 1 loss; and, WHEREAS, the team did win the Mid-South Regional Championship .and earned the opportunity to play in the Super Bowl. WHEREAS, the Board of Supervisors of the County of Isle of Wight wishes to recognize the accomplishments of the team. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight County, Virginia that the coaching staff, parents,. and members of the Smithfield Packers. Pee Wee 1 Football Team, are recognized and congratulated for their outstanding accomplishments in the Pop Warner Little Scholars Football League. Supervisor MacManus moved the Board adopt the resolution.- The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark 5 .: ~~~~~ ~ 1_~ .,:~ 57? and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Chairman Bradshaw recognized Justin L. Basham, Scott G. Bray, Joshua. L. Brooks, Jacob M. Camper, Joseph W. Carr, Thomas A. Gehring, III, Lee H. Jones, Charles W. Litton and Brian W. H. White and presented the following Resolutions Recognizing and Congratulating Each for' Achieving the Rank of Eagle Scout: RESOLUTION TO RECOGNIZE AND CONGRATULATE JUSTIN L. BASHAM . FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Justin L. Basham is a member of Boy Scouts of America, Troop 7 and a resident of Isle of Wight County, Virginia; and, WHEREAS,. Mr. Basham has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Justin L. Basham for his achievement. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED. by the Board of Supervisors ~of the County of Isle of Wight County, Virginia that Justin L. Basham is recognized and congratulated for achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE SCOTT G. BRAY FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Scott G. Bray is a .member of Boy Scouts of America, Troop 3 and a resident of Isle of Wight County, Virginia; and, WHEREAS, Mr. Bray has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Scott G. Bray for his achievement.. 1 NOW, :THEREFORE,. BE IT AND IT IS HEREBY RESOLVED by ..the Board. of Supervisors of the County of Isle of Wight County, Virginia that Scott G. -Bray is recognized and congratulated for achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE .JOSHUA L. BROOKS FOR ACHIEVING THE RANK OF EAGLE SCOUT 6 ~o~A. 1~ -.-::~ ~T8 .WHEREAS, Joshua L. Brooks is a member of Boy Scouts of America, Troop 3 and a resident of Isle of Wight County, Virginia; and, WHEREAS, Mr. Brooks has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to ..recognize and congratulate Joshua L. Brooks for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight County, Virginia that Joshua L. Brooks is recognized and congratulated for achieving. the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE JACOB M. CAMPER FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Jacob M. Camper is a member of Boy Scouts of America, Troop 36 and a resident of Isle of Wight County, Virginia; and, WHEREAS,. Mr. Camper has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Jacob M. Camper for his achievement. NOW, THEREFORE; BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight County, Virginia that Jacob M. Camper is recognized -and congratulated- for achieving. the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE JOSEPH W. CARR FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Joseph W. Carr is a member of Boy Scouts of America, Troop 125 and a resident of Isle of Wight County, Virginia; and, WHEREAS, Mr. White has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Joseph W. Carr for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of .Supervisors of the County of Isle of Wight County, Virginia that. Joseph W. Carr is recognized and congratulated for. achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE 7 ,I THOMAS A. GEHRING, III FOR ACHIEVING THE RANK OF EAGLE SCOUT 1 WHEREAS, Thomas A. Gehring, III is a member of Boy Scouts of America, Troop 16 and a resident of Isle of Wight County, Virginia; and, WHEREAS, Mr. Gehring has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Thomas A. Gehring, III for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight County, Virginia that Thomas A. Gehring, IIII is recognized. and congratulated for achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE LEE H. JONES FOR ACHIEVING THE RANK OF EAGLE SCOUT 1 WHEREAS, Lee H. Jones is a member of Boy Scouts of America, Troop 41 and a resident of Isle of Wight. County, Virginia; and, WHEREAS, Mr. Jones has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors .wishes to recognize and congratulate Lee H. Jones for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight. County, Virginia that Lee H. Jones is recognized. and congratulated .for achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE CHARLES W. LITTON FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Charles W. Litton is a member of Boy Scouts of America, Troop 7 and a resident of Isle of Wight County, Virginia;. and, 1 WHEREAS, Mr. Litton has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize -and congratulate Charles W. Litton for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by .the Board of Supervisors of the County of Isle of Wight County, Virginia 8 +~t 90~F .L'J r;; c1 ~O that Charles W. Litton is recognized and congratulated. for achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE BRIAN W. H. WHITE FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Brian W. H. White is a member of Boy Scouts of America, Troop 36 .and a resident of Isle of Wight County, Virginia; and, WHEREAS, Mr. White has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Brain W. H. White for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight County, Virginia that Brian W. H. White is recognized and congratulated for achieving the rank of Eagle Scout. Supervisor MacManus moved -the Board adopt the resolutions. 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 indicated the following Consent Agenda included Items 2, A through C, and asked if there were any items for removal: A. Hazard Mitigation. Grant Program/Burdette Road Community B. Workers Compensation Coverage for Elected and .Appointed Officials C. Item Conservation Grant from the Virginia Circuit Court Records Preservation Program D. Actions. of the Isle of Wight County Planning Commission Meeting of December 12, 2000 E. Delinquent Real Estate Tax Collection Monthly Report F. November 16, 2000 Regular Meeting Minutes County Administrator Caskey stated that staff recommends that the item of Workers Compensation Coverage for Elected and Appointed ~i 11 .. 9 f', i~ Officials be removed from the Consent Agenda in order that it can be discussed in greater detail under his section of the agenda. Supervisor Bradby moved the Board .remove the item on Workers Compensation Coverage for. Elected and Appointed .Officials and that it be considered under the County Administrator's section of the agenda and that the remaining items of the Consent Agenda be adopted. 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. Joe Ferguson requested that VDOT place rock on the roadway surface of Dews Plantation Road. MacFarland Neblett, VDOT Resident Engineer, noted he would look into the request. 1 Mr. Neblett presented the proposed Secondary Roads Budget for 2000-2001 and Six Year Plan for Secondary roads for 2000-2006 to the Board. Supervisor. MacManus moved the Board acknowledge receipt of the proposed budget. and plan from VDOT and set the public hearing for January 18, 2001. 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 add the unpaved section of Poor House Road to the Candidate List for Unpaved Roads Funds. 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 moved the Board place Lawrence Drive in the slot for Maynard's Store Road and move Maynard's Store Road to the bottom of the Candidate List for Unpaved Roads. 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 add Buckhorn Road to the bottom of the Candidate List. 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. 10 Supervisor Clark moved the Board .direct the Director of Planning and Zoning, in .conjunction with the VDOT Resident Engineer at the January 18, 2001 meeting, outline what needs to be done on each road listed on the Rural Addition Program to bring these into the VDOT `system for maintenance. 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. Neblett reported that work will begin on the intersection .improvements between Windsor and Smithfield within the next sixty (60) days. Mr. Neblett stated the Route 260 connector project is proceeding on schedule and is scheduled to be advertised in April, 2001. Mr Neblett stated VDOT is awaiting a response from local government agencies of the preferred plan for the Route 258/Route 10 Cypress Creek connector alignment. Supervisor MacManus inquired about a response on .the .Cypress Creek Connector project. County Administrator Caskey noted staff would address the issue with the Town of Smithfield. Chairman Bradshaw requested that .the .Resident Engineer inquire about funding from the hazard .elimination program through the State for the installation and maintenance of emergency traffic signalization. Mr. Neblett. reported that he should .have a report .for the Board meeting in February regarding message boards for turn arounds on the James River Bridge. 1 Mr. Neblett reported that the pipe has been ordered and should be delivered after the holidays for the relocation of the mailboxes along Route 258. Chairman Bradshaw requested that Mr. Hartley advise the Isle of Wight Citizens Association of the progress of the relocation of the mailboxes along Route 258. .Supervisor MacManus requested that the Resident Engineer include and provide updates on the improvements proposed for Route 10 near Smithfield: Station and widening of South Church Street under Primary Roads in the future. Supervisor Claud requested that the Resident Engineer provide Mr. .Hartley with a schedule for improvements to South Johnson Avenue. 11 ,. ao~~~. ~~ :583 Supervisor Claud requested that the Resident Engineer provide. Mr. Hartley with a tentative schedule for construction of the Route 460 turn lanes.. Mike Alexander questioned why VDOT had repaved a portion of Route 17 from Smith's Neck Road to Channel Way. Supervisor Clark moved the Board appoint Charles Vaughan/VDOT, Jonathan W. Hartley, Stan D. Clark .and Nancy Quill to the Jones Creek Bridge Review Committee. 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. // At 7:00 p.m., Supervisor Bradby moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Bradshaw called for a public hearing on the following: 1 A. The application of B&J Mini Storage, LLC for. a .change in zoning classification from RAC to Conditional General Commercial of approximately three (3) acres of land. Said property is located on the. east side of Courthouse Highway (Route 258) between the Town of Smithfield and Scott's Factory Road (Route 620) in Newport Magisterial District. The purpose of the application is for commercial and retail space, as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in .opposition to the application. Robert Jones, Attorney representingtheapplicant, stated the applicant desires to run an antique shop on the property while leaving similar uses available to him, i.e., low-volume retail type or office space.. He stated the applicant does not have a site plan at this time and he would ask that if the Board- has concerns that can be addressed. tonight he would like an opportunity to discuss the application further to determine if something can be arranged. William Riddick, Smithfield Town Attorney, referenced a letter from the Town of Smithfield stating the concerns of the Town's Planning Commission. Chairman Bradshaw closed .the public hearing and: called for comments from the Board. 12 • 1Q1 a~~~~ 1~ ,-M:~~~34 Supervisor Clark referenced .the letter from the Town of Smithfield noting that it still has .concerns about the long term need for extension of public utilities and overall development which has progressed to the outer edge of the Town. Attorney Riddick explained that the. primary concern of the Smithfield Planning: Commission is that it .seems as if that portion of that area is growing up and there is not an overall- plan for it. He stated he believed the Planning Commission would have less concern if an applicant advised what the project is going to look like, if it met all the concerns of the Highway Corridor Overlay and addressed fire protection, general water needs and utility issues. He stated what is proposed is entirely speculative in nature. Supervisor MacManus stated his concern is all the many different options available. He stated information has been provided that indicates that they may wish to put things such as bowling alleys, movie theaters and used car lots and he is not sure that these kind of uses correlate with some of the applications the Town would find favorable and uses. that require a large number of people in the building. without proper fire protection and water services. He stated he would be more agreeable if the uses were .more narrow, such as retail stores. ' Attorney Jones clarified that it is the applicant's intent to have only the professional offices .and low volume retail sales. He stated his applicant is willing to proffer in writing that these would be .the uses. Supervisor MacManus stated he is not sure what the urgency would be not to address the Smithfield Planning Commission's concern. He stated he did. not know. of any immediate project that is being held up at this point in time. He stated if Attorney Jones indicated that there is some urgency to this application, he could possibly support it, but trying to maintain a positive .relationship .especially when there was not even a unanimous agreement between the Planning Commission members. Attorney Jones stated there is no urgency in that a building must be constructed immediately, however, the prospective purchaser wants to .buy: ~~~~ the property .this year for tax purposes. Supervisor Bradbymoved the Board approve the application.. of B&J Mini Storage, LLC, as conditioned. The motion was .defeated with Supervisors Bradby and Claud voting in favor of the motion (2-3) and Supervisors Bradshaw, MacManus and Clark voting against the motion. Supervisor Clark moved the Board refer the matter back to the. Planning Commisison so the Commission may address .the concerns expressed by the Smithfield Planning. Commission. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud 13 ao~~. ` ~.~ ~~;~ J~J 1 voting in favor of the motion (5-0) and no Supervisors voting against the motion. B. The application of Isle of Wight County for a Conditional Use Permit to construct. water improvements which include a 750,000. gallons (or less) elevated water tank, 150 feet in height; up to two 1.0 million gallons of water per day wells, a water treatment facility' and associated water transmission and distribution mains in the Central Development Service District. Said improvements are to be constructed at the Shirley T. Holland Commerce Park located on the south side of Windsor Boulevard (Route 460) in Windsor Magisterial District. 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. 1 Supervisor Claud moved the Board .approve the application of Isle of Wight 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. C. An Ordinance to Amend the Zoning Ordinance to Add Fees for Engineering/Consultant Review County Attorney Crook explained .that the amendment to the Zoning Ordinance is where the County finds that outside experts are needed concerning wetlands, Chesapeake Bay Act and other regulations that. must be complied with and this would allow the County to select the consultant in cases where the County deems it necessary and have an independent study done with the requirement that the developer would pay for it. Chairman Bradshaw called for persons 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 Clark moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND THEZONING ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA TO REQUIRE APPLICANTS TO PAY FEES FOR ENGINEERING/CONSULTANT REVIEW 14 ~~~~. 19 .i.~586 BE IT ANi~ IT IS HEREBY ordained by the Board of Supervisors of Isle of .Wight County, Virginia, that the following Section designated Section 10308, be added to the Zoning Ordinance of Isle of Wight County, Virginia: Section 10308. Fees for En ineering/Consultant Review If in the discretion of the County a review of any requestfor zoning , or .development by an outside engineering firm or other consultant expert. in the field of the request is deemed necessary, the landowner/applicant .shall be required to pay the fee for such review prior to consideration of the request by the County.. The purpose of the review will be to ensure that the request complies with all requirements of County Ordinances, State statutes and Federal laws and regulations. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus moved the Board direct staff to develop a process for implementation of the Ordinance so that citizens who may be required to pay for the services of an outside engineering firm will have some prior knowledge as to the expense that is being applied to the project . at hand. 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 Bradby moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Citizens Comments. Pat Clark and Grace Keen distributed copies of the Carrollton Civic League and Isle of Wight Citizens Association's legislative proposals and requested these be included in the County's legislative proposals to be presented at the 2000-2001 session of the General Assembly. Lud Spivey expressed concerns relative to central dispatch operations .and requested the Board eliminate dual dispatching of emergency rescue services in the Windsor area and in the southern end of the County. Bill Hayes addressed the .recent death of a County employee and requested the County consider appropriating the necessary funds for a foot and/or headstone for Joe Womack. 15 r•. ao~~~. 1~ ~~-58? ~~ Chairman Bradshaw called for the Community Development report. Mr. Hartley presented the Jamestown/Camptown CDBG Community Improvement Grant -Interim Compliance Review and Housing Inspections for the Board's information. He acknowledged Beverly Walkup's work on the project noting her outstanding job in keeping the project on schedule. Mr. Hartley presented the Isle of Wight ;County Flood Reclamation Program - Housing Assistance Program Design for the Board's consideration. Supervisor Claud moved. the Board approve the program design and authorize the County Administrator to execute individual housing rehabilitation contracts. 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 themotion. Mr. Hartley presented a request for a waiver of on-site sewage disposal for. Lots 1 A .and 1 B, Mackelsfield Subdivision. He stated staff is recommending that the Board deny the request, but should the Board approve the request he would suggest the following two (2) conditions: (1) that the easements be .created to establish cross purposes not only for maintenance, but for the installation repair and maintenance, (2) that some notation be placed on the plat that these easements will require the installation of an alternative system at considerable cost. Supervisor Claud stated this does not seem to be in keeping with what the Board. generally deems acceptable as County standards and .under this scenario he could not support the request. William H. Riddick, attorney, stated both of these lots have been approved by the County and the Health Department has approved .septic. system sites. He stated on one (1) .lot there is a location for two (2) - conventional .systems and on the other lot there is a location for two (2) puroflow sites. He stated both, lots comply, but what the applicant is asking is that the applicant be permitted to install the less expensive conventional systems with cross easements with complete documentation giving both property owners the right to construct the necessary septic systems wherever it may be required by the Health Department. Supervisor Claud moved the Board deny the application. The motion was adopted with. Supervisors. MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-1) and Supervisor Bradby voting against the motion.. 16 BOQA ~~ ~a'~JO Mr. Hartley advised the Board that a representative from the. Chesapeake Bay Local Assistance Department (CBLAD) would be present at the Board's first meeting in January,. 2001. // Chairman Bradshaw called for the Emergency Management report.. { Richard O. Childress, Director of Emergency Management, presented a Resolution to Appropriate $44,500 From the Fund Balance of the E-911 Fund for the Purchase and Installation of Emergency Services Radio Antenna Equipment for the Board's consideration. Supervisor Claud moved the .Board adopt the following resolution and authorize the Chairman to sign the contract on behalf of the County: RESOLUTION TO APPROPRIATE FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS FROM THE FUND BALANCE OF THE E-911 FUND FOR THE PURCHASE AND INSTALLATION OF EMERGENCY SERVICES RADIO ANTENNA EQUIPMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the purchase and installation of emergency services radio antenna equipment; and, WHEREAS, the funds in the amount of forty-four thousand five hundred dollars ($44,500) need to be appropriated from the Fund Balance of the E-911 Fund. to the 2000-01 E-911 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 forty- four thousand five hundred. dollars ($44,500) from the Fund Balance of the E-911 Fund be appropriated to the 2000-01 E-911 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. Mr. Childress notified the. Board that the American Tower project has been delayed due to the Virginia Power's need to identify and potentially relocate certain utility lines on-site. 17 ,•. ii Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented an -item on the proposed increase in E-911 special tax. He stated the Board previously instructed that a draft ordinance be prepared and public advertisement which is contained in the agenda. He .requested the Board's authorization to advertise .the ordinance for public hearing.. Supervisor Clark moved the Board authorize staff to advertise the Ordinance for public hearing at the Board's January 18, 2001 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. County Administrator .Caskey presented a request received from William E. Laine, Jr. for a proposed tax exemption for the Tidewater Soaring Foundation. ~1 Mr. Laine, representing the Tidewater Soaring Foundation, requested the Board favorably consider a request for tax exemption. County Attorney Crook advised that a resolution must be prepared that provides the specific request, the assessed. value of the property, real and tangible personal property and taxes paid. in past years. He stated it must be advertised in the newspapers five (5) days before the public hearing and then the Board may adopt the resolution which asks that the Tidewater Soaring Foundation be added to the statutes that exempt 2000 charitable organizations in the State of Virginia from property taxes. Supervisor Clark moved the Board direct staff to advertise the matter for public hearing and prepare an appropriate resolution. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Establish A Joint Tourism Function Between the County of Isle of Wight and the Town of Smithfield for the Board's consideration'. Supervisor MacManus moved the Board adopt the following resolution: RESOLUTION TO ESTABLISH A JOINT TOURISM FUNCTION BETWEEN THE COUNTY OF ISLE OF WIGHT AND. THE TOWN OF SMITHFIELD 18 +~ ao~~. 19 ~ ~~ ~~0 WHEREAS, the. County of Isle of .Wight,.. Virginia and .the Town of Smithfield, Virginia recognize thesignificance of tourism to the County and Town's overall economic development program and have agreed to form a joint Tourism Department to be placed under the direction of the County of Isle of Wight effective January I, 2000; and, WHEREAS, the following terms have been agreed upon for the operations of the joint Tourismfunction effective January 1, 2000: 1. The County .will be responsible for the processing and oversight of the operations and fiscal affairs of the Tourism Department and will apply the costs of such services to the budget of the Tourism Department to include but not be limited to: central purchasing equipment management payroll administration data processing support benefits administration agency fund accounting accounts payable annual audit services insurance. administration 2. Tourism Bureau. employees transferred to the Department of Tourism with salary, leave balances, and years of service in tact effective January 1, 2000. 3. Tourism employees will continue to follow the County personnel policies and. positions were and will continue to be evaluated and adjusted as necessary to comply with the County's adopted Pay and Classification Plan. 4. Tourism employees will follow all policy guidelines of the County to include, but .not be limited to, travel,. workers compensation, holiday leave, hours of operation, etc.. 5. The.County and Town will formulate and agree annually on an operating budget to sustain the operations of the joint Tourism Department. 6. Funding for the. Tourism Department will be shared annually at a 50/50 percentage split by the County and Town respectively. The Town of Smithfield will make contributions at the beginning of each quarter of the July 1 to June 30 fiscal year to the County for Tourism .operations. At each fiscal ..year end, an annual accounting of costs incurred will be performed with a proportionate return on contributions of .any unspent funds for the fiscal year to the Town. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a .joint .Tourism function is hereby formed with the Town of Smithfield, Virginia 19 tt ar~r~p ~ ~` ._?~~ and placed under the direction of the County of Isle of Wight effective January 1, 2000 pursuant to the above stated terms for the funding and operation of a Tourism Department. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, .Virginia is authorized to do all things necessary to .give this resolution effect. The motion was. adopted with Supervisors. MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and. no Supervisors voting against the motion. County Administrator Caskey presented a request for apart-time docent position(s) for Boykin's Tavern for the Board's consideration. Supervisor Claud moved the Board authorize staff to hire two (2) part- time docent. personnel for the Tourism Department with funding in the amount of $3,000 from -the Contingency Fund to be appropriated to the Human Resources Department for F~'2000-2001. 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. Anne F. Seward, Director of Budget and Finance, presented a status report on the Capital Improvement Plan 2002-06 in the amount of $55,000,000 for the Board's information. Mrs. Seward presented the item concerning Workers Compensation coverage for elected and appointed officials which was .listed under the Consent Agenda and moved to the County Administrator's section by motion of the Board. County .Attorney Crook stated Board members and other elected and appointed officials are not covered under workers compensation and the Municipal League is suggesting that the .Board adopt a resolution placing those officials it wants under workers compensation .which he thinks should require same careful study about who the Board wants to put under. workers compensation. He recommended that the Board appoint a committee of staff to recommend who the Board should consider putting on workers compensation. 1 Supervisor MacManus moved the ..Board appoint the Director of Budget & Finance, the County Attorney and the Assistant County Administrator/Director of Human Resources to review the proposal and make a recommendation back to the Board. 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.. 20 +fi County Administrator Casket' ..noted that. the 2001 VACo/VML Legislative Day is scheduled for the Board's regular meeting date in January. The Board noted a tentative date of February 6, 2001, but that it would officially change its regular meeting date of February 1, 2001 at its January. 4, 2001 meeting. ii Supervisor Bradby moved the Board amend the regular order of the agenda in order to hear ..Old Business. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Old Business. The. application of Mollie G. Turner Family Limited .Partnership for a Conditional Use Permit for a mining operation (borrow pit) totaling thirty (30) acres of land located. on .the west side of Turner Drive (Route 644) adjacent to 14182 Turner Drive, Smithfield, in Newport Magisterial District. (Tabled November 16, 2000). Chairman. Bradshaw reminded the Board that the matter was tabled until representatives of the Chesapeake Bay Local Assistance Department could ..comment on the application and a traffic impact study could be performed. 1 Supervisor Clark suggested that a condition be added that it not be used in the future as a BMP or wetlands mitigation site. Supervisor MacManus reminded the Board that the applicants previously agreed to proffer this. Supervisor MacManus moved the -Board approve the application of Mollie G. Turner Family, as conditioned, and with the added condition that it not be used in the future as a BMP or mitigation site.. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting. in .favor of the motion (4-1) and Chairman Bradshaw voting against the motion. Chairman. Bradshaw called for discussion. of the issue concerning property of Robert D. Brugh on Battery Park Road. Supervisor MacManus stated he has spoken with the Smithfield Town Manager who was contacted by the Brugh family. He stated the Brughs are requesting water and sewer ties from the Town to this property located in the County. He stated the Smithfield Town Manager has advised him that the Town will consider providing water and sewer if 1) the applicant and 2l ~~~~~ .19..:-5~3 County agreed to having a boundary adjustment to include that one (1) lot in the Town boundary and 2) the Town reluctantly .agreed to accept the property because of its commercial zoned nature. He stated he has a problem with the property being zoned commercial in that location and he is not in a position where he believes he could support water and sewer being brought there. Supervisor Claud moved the Board direct staff to bring back to the Board under Old Business at its January 18, 2001 meeting, .information concerning the location of the Smithfield boundary line, the Smithfield annexation agreement that shows what is required to tie into the water/sewer lines that belong to the County or the Town of Smithfield and, if a portion of property is located in the County what would prohibit that property being tied into the sewer line. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor: of the motion (S-0) and no Supervisors voting against the motion. County Administrator Caskey was directed to contact the individual Board members .to determine. their schedules for interviewing .with the facilitator in preparation for the upcoming Board Retreat. Supervisor MacManus requested- Mr. Hartley send follow-up letters to the Towns of Smithfield and Windsor requesting their respective input on the draft Comprehensive Plan. // Supervisor. MacManus moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). /I Chairman Bradshaw called for the County Attorney's report. 1 County Attorney Crook presented an extension of agreement with Monette .Information Services for computer services which expired December 16, 2000 and which extends the agreement from December 16, 2000 until June 30, 2001.. Supervisor MacManus moved the Board approve the agreement with Monette Information Services and authorize thee. Chairman to sign it on behalf 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. County Attorney Crook noted .the Redistricting Committee has scheduled a meeting for January 10, 2001 at 7.:.00 p.m, at Monette 22 ~~~~ 1~ ~~~5~4 Information Systems training room. He invited interested Board,members to attend. County Attorney Crook noted he would present the Boykin's Tavern Guidelines at the Board's January 4, 2001 meeting for consideration. County Attorney Crook stated he had .several :.matters for closed t session later in the meeting. // Chairman Bradshaw called for the continuation of Old Business County Attorney Crook advised Supervisor Clark that he did not have anything further. to report at this time on Yellow Rock Road. .Supervisor Bradby requested the status of the issue brought up by Mr. Hayes at the Board's. last meeting concerning compensation for employees working during the holidays. Donald M. Long, Director of Public Works, advised the Board that all convenience center employees who are working during the Christmas holidays will be compensated at two (2) times their regular pay and that all such employees have agreed to the holiday work schedule. County Attorney Crook stated the Director of Budget and. Finance indicated to him by letter that it was the Board's intention to .shorten and facilitate the CIP process by removing the role of the Planning Commission. He :advised-that he responded to her that the CIP must go through. the Planning Commission and the public hearing by the Planning Commission. must be approved and .recommended to the Board. // Chairman Bradshaw called for New Business. Supervisor MacManus requested a status report on Joe Womack. Donald T. Robertson, Assistant County Administrator/Director of Human Resources, advised that lYlr. Womack's family will be receiving compensation that Mr. Womack was entitled to. He stated Mr. Womack's benefits will be forwarded to his beneficiaries. Supervisor Claud requested .that the Board be notified of any future needs by the family that. may need addressing. 1 1 23 fl Chairman Bradshaw stated the Board has received requests from the Treasurer's employees that the Board take whatever action needed to increase the funding for his employees. 1 Chairman Bradshaw moved that the Board direct staff to notify the Treasurer that the Board is willing to assist him with requesting compensation increases for his employees before the State Compensation Board and that staff, after. meeting with the Treasurer, report back to the Board on what the Treasurer's intentions are for requesting these compensation increases.. 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 requested that Mr. Hartley advise the Board how the proposed Comprehensive Plan Update addresses the limitation of billboards and-the proliferation of borrow pits in the County. // Chairman Bradshaw called for Appointments. 1 Supervisor Claud moved the Board appoint Mary J. Eley to fill the unexpired term of Letcher Eley on the Senior Services of Southeastern Virginia. The motion was adopted (4-0) with Supervisor Bradby absent for the vote. Chairman Bradshaw moved the Board appoint Sandra Hawkins to the Housing Rehabilitation Advisory Board. The motion was adopted unanimously (5-0). // County Attorney Crook requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning .negotiations for acquisition. of two (2) property matters where public disclosure would adversely affect the negotiations and strategy of the County. County Administrator Caskey requested a closed session under Section 2.1-344. A 1 of the Freedom of Information Act concerning a personnel. matter dealing with compensation. 11 Supervisor Claud requested a closed session under Section 2.1-344 A7 of the Freedom of Information Act concerning a contractual matter requiring advice of counsel. Mr. Small requested. a closed session under Section 2.1-344 A7 of the .Freedom of Information. Act concerning a contractual matter .requiring advice of counsel and under Section 2. I -344 A3 concerning a .property 24 acquisition matter where: public disclosure would adversely affect the .County's strategy in its negotiations. 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 affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1 D 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 in the motion convening.. the closed meeting were heard, discussed or considered by the Board of Supervisors.. VOTE AYES: 5 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 Claud moved the Board approve the. negotiations for acquisition of the property number one (1) discussed in closed session and authorize .the County Attorney to proceed with preparations of the terms of the agreement .and deed. The motion was adopted with Supervisors 25 T,, 5~,~,~.~ 1~ ~.5~~7 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 approve the option agreement for the property number two (2) .discussed in closed session and direct the Director of Budget and Finance to provide the County Attorney a check. in the amount of $500 with funds from the .Contingency Fund. 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. // At 10:15 p.m., Supervisor Bradby moved the Board adjourn. The motion was adopted unanimously (5-0). Ph' ~p A. Bradshaw, Chairman