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01-18-2001 Regular Meeting.•. 90Gt. ~~ _~ .:' ~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND ONE PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus . Phillip A. Bradshaw Also Attending: Dale Phelps, Assistant County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the meeting to order at 1:00. p.m. The invocation was delivered by Supervisor Bradshaw. The Pledge of Allegiance was conducted. // Chairman Bradshaw called for discussion on the Comprehensive Plan. I~ The Board members individually made the following suggested revisions: Under .Chapter 9, dealing .with .Economic Development, Supervisor Bradshaw recommended that the Director of Planning and Zoning and the Director of Economic Development provide the Board with a recommendation as to what. portions of the Economic Development Strategic Plan should be incorporated into the Comprehensive Plan that are consistent with the strategy being used for economic development. Under .Chapter 9.3, Economic Development Initiatives, first paragraph, Supervisor Bradshaw inquired what were the general. findings and recommendations that arereferenced. He requested more recent progress be noted. Supervisor Claud noted there is a need to make reference to the Virginia Certification Program as the County does have industrial sites, if the Program is still in existence. On the second chapter, Supervisor MacManus noted all the examples of progress are old and there is more recent progress that shouldbe referenced. He further noted that there is 1 • •- ~ a. ao~,R 2~ ~~ ~ 18 no reference to the Hampton .Roads Economic Development Alliance, which should be included. Under Chapter 9.6, Tables 9-1 and 9-2, Supervisor. Claud requested that, if available, updated information be inserted. Under Chapter 9.7, second paragraph, Supervisor MacManus requested. the first sentence beginning with "Isle of Wight's major employers" be deleted. Under Chapter 9.8, last .paragraph, Supervisor Claud requested updated information be inserted. Under Chapter 9.9, Table 9-3, Supervisor Claud requested it be updated. Under Chapter 9.9, second paragraph, Supervisor Clark requested verification if there is statistical data to back up the - first sentence beginning with. "A large share of the people who work". . Under Chapter 9.11, Site. Identification, Supervisor MacManus requested some reference be made to light .versus heavy industry. Under Chapter 9.13, Supervisor MacManus requested a chapter be added to discuss the water utility infrastructure. He further requested-another section be added regarding technology, i.e., fiber optics, communication towers and industries such as Monette Information Services. Under Chapter 9.13, Inter-agency Cooperation, Supervisor MacManus requested that the .School Board and -both towns (Windsor & Smithfield) be added in relation to how the County attempts to work. with them in the economic development arena. Under Chapter 9.13, Agency Cooperation, Supervisor MacManus requested that all relevant regional and State agencies be added. Under Chapter. 9..13, ..Inter-agency Cooperation, Chairman Bradby stated the Board of Supervisors should work closely with the other various County boards.. Under Chapter 9.16, Promotion, Supervisor MacManus asked that the mission of the Coordinating Committee be explained. 2 r. I ~~~,r• 2~ ::.~:~ 1~ • Under Chapter 10, Supervisor Bradshaw requested that the Boykin's Tavern Initiative, County Museum and books written by local residents be included as well Under Chapter .10.5, Supervisor Clark requested that the Tourism Department review the section concerning tourism. He noted there is no reference to the Civil War Trails Program. Under Chapter 11.2, Objectives, last bullet, where it references "design vocabularies," Supervisor MacManus requested clarification of what "design vocabularies" entails. In the first paragraph, Supervisor MacManus requested that some of the features now seen- in the newer communities (i.e., sidewalks, parks, bicycle paths) be addressed upfront. Under Chapter 11.3, second paragraph, last sentence, Supervisor Claud requested that "private" be deleted. Under Chapter 11.4, first paragraph, Supervisor MacManus requested that the sentence beginning with "It is .ironic" be further explained. Under Chapter 11.4, Supervisor Bradshaw asked if the County if requiring trees. to be there, who is responsible .for the maintenance of buffers and landscaping. Under Chapter 11.5, second bullet, Supervisor Bradshaw noted .the County will have to tremendously expand its Zoning Ordinance to accommodate what is being represented in this paragraph. Under Chapter 11.6, Development Service. District Design Guidelines, first sentence, Supervisor Bradshaw requested that "minimum" be deleted. .Under Chapter 11.7, first .sentence in the last .paragraph, Supervisor Bradshaw requested "reasonable" be further defined. Under Chapter .11.9, third bullet, Supervisor Bradshaw requested"minimized" be deleted. Supervisor MacManus stated the third bullet discourages cul-de-sacs which is an amenity many people desire. Under Chapter 11.11, Sidewalks, Bikeways and .Pathways Design, last bullet, Supervisor Bradshaw noted the level of detail is too great where it speaks to the construction of sidewalks. 3 +c. a~e~ 2~ ,,.::~ ~~ Under .Chapter 11.11, Sidewalks, Bikeways and Pathways Design, bullet three, Supervisor MacManus noted the level of detail is too .great and these. are specifics for the Zoning Ordinance. Under Chapter .11.1.0, sixth bullet, Supervisor Claud requested this item be deleted. Under Chapter 11.13, Block .Size and Configuration, Supervisor MacManus noted streets look better when following the general landscape. He noted the paragraph is also anti cul-de-sac... Under Chapter 11.17, fourth bullet, Supervisor MacManus requested that "100 or more" be deleted and replaced with "50 or more" residential units encouraged to have open space. Under Chapter 11.20, .Supervisor MacManus .noted there is too much detail. Under Chapter 11.21, Supervisor MacManus noted there is too much detail Under .Chapter 11.22, Supervisor Bradshaw requested that the Director of Economic Development review the information so it is coordinated with the Economic Development strategies. Supervisor MacManus suggested the :Board set a date to discuss the Development Service Districts. Supervisor Claud suggested a joint work. session between the Board and the Planning Commission to discuss the Development Service Districts. Supervisor Bradby noted his agreement with having a joint work session so that any differences can be discussed and resolved. He noted this is a very important document which should be developed i~ unity. .Supervisor MacManus suggested the first portion of the work session be a joint session and the latter half be devoted to the Board's working session to incorporate whatever changes need to be made to the Development Service Districts. .Supervisor Bradshaw requested Lyle Hornbaker prepare the necessary GIS information for such a meeting. The Board later in the regular meeting under the Community Development .Report, Item "C", took action to set February 5, 2001 for a joint meeting between the Board -and the Planning Commission and that staff notify the members of the Planning Commission accordingly. . 4 .•. ,~ ~,,uf 2J r;.:~ 21 Supervisor Claud moved the Board take a five (5) minute recess before continuing with the regular meeting.. The motion was adopted unanimously (5-0). ~~ Chairman Bradby called for Special Presentations. Miss Brittney Shea Cobb, Third Runner Up, Miss Virginia Association of Fairs :Pageant was recognized by the Board. // 1 Chairman Bradby indicated the following Consent Agenda included Items 2, A through D, and asked if there were any items for removal: A. Actions of the Planning Commission at the Meeting of January 9, 2001 B. Windsor Water Rate C. Delinquent Real Estate Tax Collection Monthly Report D. December 21, 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. // Chairman Bradby called for Transportation Matters. Mr. Hartley distributed a Resolution of the Board of Supervisors of Isle of Wight County, Virginia on the Route 258 Cypress Creek Connector for the Board's consideration. Supervisor. MacManus moved the Board adopt the following resolution and direct staff to forward copies of same to the Town of Smithfield and VDOT: .RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA ON THE ROUTE 258 CYRESS CREEK CONNECTOR 5 I it a~~~. 2~ ~;- 22 WHEREAS, the Isle of Wight County.Board of.Supervisors endorsed the concept of a connector: road between Route 258 and the. Cypress Creek (Shady Drive) Interchange as .part of the. Route 258 Corridor Study and adopted such as an amendment to the County's. Comprehensive. Plan; -and, WHEREAS, the County has received the support of the Metropolitan Planning Organization (MPO) in funding the initial Preliminary Engineering for the Cypress Creek Connector in the amount of $500,000; and, WHEREAS, the Virginia Department of Transportation (VDOT) considered three alternatives in evaluating the corridor and determined that there is limited justification for a new connector road on a new alignment in terms of traffic volumes and congestion at the intersection of Route 258 and Route 10 Bypass; and, WHEREAS, the -Town of Smithfield and Isle. of Wight County representatives have met to evaluate the traffic data, confirm the evaluation of VDOT, and have determined that a connector road on a new alignment. may no longer be deemed appropriate considering recent improvements to Route 258 and changes in land development in the area. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, the following: 1) The. alignment of preference is to widen Route 258. to three lanes as identified as Corridor C from the Smithfield Middle School south to Tyne's Corner at Route 620; 2) Additional improvements to the intersection of Route 258 and Route 10 Bypass are needed. to accommodate existing and anticipated traffic volumes; 3) The widening of the. Route 10 Bypass from South Church Street north to a point north of Main Street is strongly encouraged; and, 4) The Virginia Department of Transportation should end any further evaluation of a new alignment between Route 258 and the Cypress. Creek .Interchange. BE IT FURTHER RESOLVED that the :Board of Supervisors directs all efforts necessary to reallocate all funds remaining for the Preliminary Engineering of this project to the road. widening and intersection improvements cited above. BE IT FURTHER RESOLVED that the Board of Supervisors would encourage the Town of Smithfield Town Council to adopt a similar. resolution in support of the above stated roadway improvements. ~I ~J t~ ,~ 1 1 6 f: I ~~,,~ 2E) ~~::~ 23 Thee motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley referred to a Board Report concerning the status of the Rural Addition Program roads for the Board's information. Supervisor Bradshaw requested that future items of this nature be placed under -the Consent Agenda. Supervisor MacManus requested that Mr. Hartley provide the Board with a quarterly action. plan. Mr. Hartley referenced a letter dated January 1, 2001 from the Resident Engineer advising that the speed limit on Windsor Way will be posted with 25-mph speed limit signs. Mr. Hartley referenced a letter dated January 4, 2001 from the Resident Engineer indicating that additional stone has been placed on Dews Plantation Road. Supervisor Bradshaw requested similar future items be placed under the Consent Agenda. [J County Administrator Caskey distributed a copy of a Resolution Requesting the 2001 General Assembly Establish A Commission to Pursue Funding for the Construction of Improvements to Route 460 Between Suffolk and Interstate 295 that has been adopted by the City of Virginia Beach at its council meeting on January 9, 2001. He also stated that the Hampton Roads Partnership has expressed reservations relative to localities along the Route 460 Corridor and that the City of Suffolk had adopted this resolution at its .meeting last evening. Supervisor Claud stated the Board previously .supported the .Virginia Beach resolution and moved the Board adopt the following resolution: RESOLUTION REQUESTING THE 2001 GENERAL ASSEMBLY TO ESTABLISH A COMMISSION TO PURSUE FUNDING FOR THE CONSTRUCTION OF IMPROVEMENTS TO ROUTE 460 BETWEEN SUFFOLK AND INTERSTATE 295 n WHEREAS, Route 460 between the City of Suffolk and Interstate 295 is a four-lane non-divided highway heavily utilized by large. trucks; .and, WHEREAS, this section of highway is inadequate for existing traffic, and this. inadequacy contributes. to an exceptionally high accident rate; and, WHEREAS, this section of Route 460 was identified by .the. Metropolitan: Planning Organization of the Hampton Roads Planning District Commission as one of its high-priority projects for funding; and, 7 +c. WHI~,REAS, improvements to Route 460 will provide alternate access to South Hampton Roads and relieve congestion on Interstate 64 on the Peninsula; and, WHEREAS, an improved Route .460 will also provide a viable alternative.. hurricane evacuation route for South Hampton Roads and 4 Northeastern North Carolina, thereby reducing our. reliance on Interstate 64 and the. currently overburdened crossings of Hampton .Roads; and, WHEREAS, exceptional efforts are needed to bring attention to this much-needed transportation project. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the. County of Isle of Wight,- Virginia requests thatthe General Assembly establish a Route 460 Commission, similar to the Third Crossing Commission established in the 2000 Session, to pursue funding for the .construction of interstate-type improvements to Route 460 between Suffolk and Interstate 295. BE IT FURTHER RESOLVED that the Board of Supervisors requests that this Commission be made up of members of the General Assembly from the jurisdictions who will be .affected by improvements to this section of Route 460, representatives of local government, applicable planning district commissions, the ports of Virginia, the Virginia Department of Transportation, and other interested parties who have a significant interest in seeing this important transportation project funded and constructed. 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 Bradby called for Citizens Comments. Dr. Patricia Torrence, School Superintendent, :invited the .Board to attend a School Community Alliance meeting at Windsor Elementary School on January 24, 2001 at 8:00 a.m. She noted the. goal is to improve. communications between the school system and primarily those in the community that are not actively involved in the schools. She advised she would be ready to present the school's financial plan to the Board within the next sixty (60) days. She stated the top priorities of the financial plan are teachers' salary increases, upgrading of technology and increasing. funding for special education programs. Jerianne Gardner- stated that the issue of the nomination of Ragged Island becoming an .exceptional waterway would be going to the State Water 8 f•, ~~~~. ~ 2~ '~-:- 25 Control Board for public hearing. She distributed copies of commitments of support from the Department of Conservation and Recreation and other various organizations. She stated that the :Sierra Club has .reaffirmed its support. Thomas Finderson reported that the Commissioner of Revenue has forwarded to DEQ a map illustrating the adjoining property owners to Ragged Island. He requested the Board endorse this nomination. // Chairman Bradby called for the Community Development report. Mr. Hartley presented a proposal to request assistance of the HRPDC in reviewing the nomination of Ragged Island Creek as an exceptional waterway. Supervisor Bradshaw requested that the Board be provided. a copy of the map of the adjoining parcels, as developed by the Commissioner of Revenue. He expressed a concern that such a map was not available for the Board's perusal tonight before acting on the matter. Supervisor Claud moved the Board instruct staff to request the assistance of the HRPDC and CBLAD in reviewing .and .evaluating the anticipated nomination of Ragged Island Creek as an exceptional waterway. All such comments are to be submitted by the February 15, 2001 regular Board meeting. 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. Mr. Hartley stated included in the Board's agenda is a request to authorize execution of the Agreement for the Housing Rehabilitation Specialist Services for .the Isle of Wight County Flood Reclamation Program. Supervisor Bradshaw moved the Board authorize the Chairman. to sign the Agreement on behalf of the County, subject to the County Attorney's approval. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley referenced an update of the Comprehensive Plan and draft minutes of the January 4, 2001 Board of Supervisors' meeting, as contained in the Board's agenda for its information. He requested- the Board set a date later in the meeting for a joint work session .between the Board of Supervisors and Planning Commission. 9 a. g!)~r. 2~ .:r ~~ Mr. Hartley notified the Board that a representative of URS Greiner would be present at the. Board's February 15,:.2001 regular meeting. He noted that comments regarding the Eagle Harbor project would also be available at that time. Supervisor Bradshaw requested that informational items of this nature be placed. under the Consent Agenda. // Chairman Bradby called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks- and Recreation, briefed the Board on the failed efforts to date to revitalize the Parks and Recreation Advisory Committee. Supervisor Bradshaw stated he thought it would be a mistake if the Board abolishes this Committee and he would suggest establishing a new mission statement for the Committee. He stated: he thought citizen involvement should be encouraged, not discouraged. - Supervisor Claud stated there is a place for this Committee and he would also like to see it .continue with the understanding that each Board member would revisit their current appointments to ensure that there will be some dedication and commitment to make it work. Supervisor Clark requested Mr. Nogiec provide the Board with a history of the Committee. and where the weaknesses lie in that respect. Supervisor MacManus recommended that the Committee contain two (2) representatives from each district. Supervisor Bradshaw moved that the Board continue with the Parks and Recreation' Advisory Committee and direct the Director of Parks and Recreation and' staff. to make a recommendation to the Board on how this Committee may be more successful in its mission. // Supervisor Bradshaw moved that the Board amend theregular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Bradby called fora public hearing on the following: The application. of Bennett's Creek Wholesale Nursery, Inc., owner and Isle. of Wight Materials Company, Inc., operator, to renew a Conditional Use Permit for the "Turner Marl Pit", a mining operation 10 t ~~~ ~~~I~ r•. i (borrowpit) totaling twenty (20) acres of land. Said land is located on the east side of Benns Church Boulevard (Route 10), south of Riddick Road (Route 604) in Newport Magisterial District. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application.. Richard L. Turner stated the request is to renew the application that was approved five (5) years ago, No one spoke in opposition. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Bradshaw referenced an inner-office memorandum from Pam Shaw to Sandra Whitley in reference to the environmental issues and inquired how these issues were resolved. 1 Mr. Hartley stated regarding the wetland permits, the applicant would be required to get a permit. from the Corps of Engineers before anyland disturbing is done. He stated issues concerning the drainage plan will also have to be addressed. Supervisor Bradshaw referenced a letter in opposition sent to Sandra. Whitley and received on December 11, 2000 discussing the trouble being experienced with the shallow wells in front of the property. He inquired if an evaluation of the shallow wells was requested from the State Water Control Board. Mr. Hartley stated staff did not ask the State Water Control Board to provide such an evaluation on the impact of shallow .wells in the surrounding area. Supervisor Clark inquired if the applicant has proffered any conditions. that he will preserve the wetlands area. n Mr. Hartley stated if the Board is concerned about a particular issue, the Board may impose a condition as a part of the renewal of the permit. Supervisor MacManus asked Mr. Turner if he would .agree to a condition that the borrow pit can not be used as a BMP site for any future remediation. Mr. Turner stated he did not have a problem with adding the condition as stated by Supervisor MacManus. 11 ~~ e KGs 804x, 2U ,:-:~ 20 Supervisor Bradshaw stated he did not understand why staff and the. Planning .Commission did. not discuss the- environmental issues and why staff did not evaluate the potential impact on shallow wells in response to citizens' concerns. Supervisor Claud moved the Board approve the application. of Bennett's Creek Wholesale Nursery, Inc. as recommended unanimously by the Planning Commission with the condition that the borrow pit can not be used as a BMP site for any future. remediation. `The .motion was adopted with Supervisors MacManus, Bradby and Claud voting in favor of the motion (3-2) .and Supervisors Clark and Bradshaw voting against the motion. Chairman Bradby called for a public hearing on the following: The application of Michael T. Batkins for a Conditional Use Permit to occupy a mobile home temporarily for two years while building a single-family dwelling: Said land is .located at 16010 Gayle Way, Carrollton, in Newport Magisterial District. Chairman Bradby called for persons to speak in favor of or in opposition to the application. - ~ Michael T. Batkins stated he is requesting permission to occupy the mobile home that has been in existence at this location for over 30 years while he builds a permanent home adjacent to it. He stated upon completion of his residence he intends to donate the mobile home to a worthy cause. Jerry Naber spoke in favor of Michael Batkins, his son-in-law, living temporarily in the .mobile .home until the completion of his permanent residence. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of Michael T. Batkins. 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 Bradby called for a public hearing on the following: Resolution Approving the Isle of Wight County 2001-2007 Secondary . Six-Year Improvement Priority Plan and Fiscal Year 2001-2002 Secondary Construction Budget. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed Resolution. 12 1 Upon no one appearing, Chairman Bradby closed the public hearing and called for .comments from the Board members. . Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY 2001-2007 SECONDARY SIX YEAR IMPROVEMENT PRIORITY PLAN AND FISCAL YEAR 2001-2002 SECONDARY CONSTRUCTION BUDGET WHEREAS, the Isle of Wight County Board of Supervisors and. the Virginia Department of Transportation held a public .hearing on January 18, 2001, to solicit citizen's comments and recommendations concerning the Isle. of Wight County 2001-2007 Secondary Six-Year Priority Plan And Fiscal. 2001-2002 Secondary Construction Budget; and,. 1 WHEREAS, comments and recommendations have been received during the public hearing on this matter, and such have been- considered and incorporated as appropriate in the 2001-2007 Secondary Six-Year Priority Plan And. Fiscal 2001-2002 Secondary Construction Budget. NOW, THEREFORE BE IT RESOLVED that the .Isle of Wight County Board of Supervisors does hereby accept and approve the Isle of Wight County 2001-2007 Secondary Six-Year .Priority Plan And Fiscal 2001-2002 Secondary Construction Budget. BE IT FURTHER RESOLVED, that the County Administrator is hereby 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.. Chairman Bradby called for a public hearing on the following:. 1 Resolution Requesting Transportation Enhancement Funds From the Virginia Department of .Transportation for the Battery Park -Nike Park Bicycle Facilities Project. Supervisor Claud stated for the record that the public hearing tonight pertains only to the TEA-21 grant and in no way satisfies the requirements of the Bicycle and Pedestrian Facilities Plan. Chairman Bradby .called .for persons to speak in favor of or in opposition to the proposed Resolution. 13 +. h•. Cindy Taylor of Watch Harbor Circle spoke in favor. -She stated the City of Suffolk approved a grant for TEA-21 for bikeways from the downtown area of Suffolk, through Suffolk and up to the Lone Star Lakes. She stated there is the potential present for the County to link up with that. system and become a regional bikeway. She stated the purpose of the. grant is to .get people out of their cars and into other modes of transportation in an effort to address air quality concerns. k Fred Glanville of Nike Park Road urged the Board to approve the Resolution. He stated he is in favor of a bikeway. from. Nike Park into Smithfield. Gregg Vasalockos of Talbot Drive spoke in favor of the Resolution. He stated realistically youth can not get to parks unless driven by their parents. Chairman Bradby asked those in favor to stand and be recognized. Twelve (12) individuals stood showing their support of the proposed bike path. Cecil Rhodes of Windsor stated it is unfair to citizens who are currently living on unsafe unimproved. dirt roads. He stated that while the idea for a bike trail is good, it will not eliminate the problems being incurred with traffic. He stated he felt the County's funds .could be better. spent on other .projects .that would benefit more of the County. He noted the bike trail will: require maintenance and once the grant funds are spent he doubted the County would receive .additional funds for upkeep of the .trails. i~ Richard L. Turner, Chairman, Chamber of Commerce, .stated bicycling is a great means of recreation and method of transportation. He stated it will .make the area safer and more inviting to good health. Michael Batkins of Gayle Way stated he currently lives on an unimproved road. and his son is unable to ride his bike down it due to its poor condition.. Jerry Naber of Gayle Way stated he would prefer to have an improved. road before the County considers funding for bike trails. Chairman Bradby asked those in opposition to -stand and be recognized. Seven (7) individuals stood and were recognized as being in opposition to the proposed bike path. Chairman Bradby closed the public hearing and called for comments from the Board. 14 ft 1 Supervisor Claud stated he thought funding in the amount of $128,000 for a bike and pedestrian trail project is not something the County can afford at this time. He stated he thought it would be irresponsible of this Board to apply for a .grant if it did not intend to accept it. He .stated there are too many unanswered questions that the .Board must consider before it can proceed and he could not support the application at this time. He stated he does support the bike trails, but he believes the County must evaluate the. ..spending of that money in relation to other projects the Board is trying to do in the County. He stated the Board must follow the process that it adopted with an approved Board committee and have the time to work with the Town of Smithfield to determine if a better sharing of costs can be established. Supervisor MacManus stated he shared Supervisor Claud's concern with the expenditure of money on behalf of the citizens of the County, however, he believes that this is a worthwhile project. He .stated in regards to the split between the County and the Town of Smithfield, the citizens of the Town of Smithfield get the opportunity to pay twice, once as a town resident and once as a County citizen. He stated his primary focus is on the safety aspect as citizens are using these roads currently in unsafe conditions. D Chairman Bradby stated there is nothing in the area of recreation in the Hardy District. He stated the other districts have some form of recreation and his .residents would love to have County funds to bring into reality a recreational area in the Hardy District. He stated he could not support spending County money in an area that currently has some form of recreation versus an area that does not have any form of recreation whatsoever. Supervisor Clark stated he would hope that this is simply a start of a bike trail that would extend to all parts of the County. He stated these are matching funds and a chance to get two for one which is hard to pass up. He stated it is also a chance for the County to maximize the use of existing facilities at Nike Park. Supervisor Bradshaw stated he has always been an advocate for improving the quality of life for all residents of the County and he believes this is a good plan, however, it is something that requires planning and not something the County should jump into... He stated, by approving this, the Board will be increasing every citizens' real estate tax rate by $0.01 in the County. He stated the Board has heard from residents who are in need of road improvements -and the State is not increasing funding to the County for. this effort. He said the Board has also heard .from the Superintendent of Schools concerning special education,. technology and teachers'- salaries. Supervisor MacManus .moved the Board adopt the Resolution. The motion was defeated (2-3) with Supervisors MacManus and Clark voting in 15 ~. H@~~ 2c~ ~~;' 32 ..favor of the motion and. Supervisors Claud, Bradshaw and Bradby voting against the motion. Chairman Bradby. called for a public hearing on the following: A Resolution to Exempt From Local Taxation the Property Owned by Tidewater Soaring Foundation; Inc. Located at Orbit in Isle of Wight County, Virginia Chairman Bradby called for .citizens to speak in favor of or in opposition of the Resolution. Linda Mathias of Hidden Acre Circle spoke in favor of granting the local tax relief to the Foundation. She stated the IRS granted Federal tax exemption to the Foundation in September of 1999 and the Foundation's primary activity is a scholarship .program to allow young adults to learn to fly gliders which. is done at Garner Airport in Orbit. She stated .these activities provide unique opportunities for young people because. it not only broadens their horizon, but also introduces them to the field of aviation in which there are a lot of career opportunities. Supervisor Claud noted William Laine, Jr. has a schedule conflict and could not be in attendance tonight and he .had wanted him to relay to the Board his support of the request. Chairman Bradby closed the public hearing and called for comments from the Board. Supervrsor Clark moved. the Board adopt the following Resolution: RESOLUTION 1 WHEREAS, the Tidewater Soaring Foundation, Inc., a Virginia corporation ' located at 1400 Magruder Road, Town of Smithfield, Isle of Wight County, Virginia, maintains a glider port at Orbit; Isle of Wight County, Virginia, for scholarship,. education and maintenance of a glider port; and WHEREAS, said real estate where said glider port is located is owned by Tidewater Soaring Foundation, Inc., a corporation having its principal office in the Town of Smithfield, County of Isle of Wight; Virginia; and, WHEREAS, Tidewater Soaring Foundation, Inc. is exempt from Federal income tax under Section 501(a) of the Internal Revenue Code as an organization described in Section 501(c)(3), and: is a publicly supported organization described in Sections 509(a)(1) and ~ 170(b)(1)(A)(vi) and is classified a .private foundation for purposes of Section 507(d) and 4940, all of the U. S. Revenue Code; and. 16 ~~~,~.~ 2~l 33 WHEREAS, Tidewater Soaring Foundation, Inc. desires to~obtain real estate tax exemption for said property from the Virginia General Assembly; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has had a notice published in The Smithfield Times, a local newspaper published in .the County of Isle of Wight, Virginia, on January 3, 2001, advising the citizens of the County of a public hearing to be conducted on January 18, 2001, for Board action on this request; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, conducted such public hearing on January 18, 2001; and, WHEREAS, Tidewater Soaring Foundation, Inc. has submitted the following information in accordance with Section 30-19.04 of the Code of Virginia, 1950, as amended: 1. Tidewater Soaring Foundation, Inc. is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954. 2. Tidewater Soaring Foundation, Inc. does not hold an alcoholic beverage license. 3. No director or officer of Tidewater. Soaring Foundation, Inca is paid compensation in excess of a reasonable allowance for salary.. 4. a. No part of the net earnings of Tidewater Soaring Foundation, Inc. inures to the benefit of any one individual. b. Portions of the services provided by Tidewater Soaring Foundation, Inc. and its scholarships and education are generated by funds from donations, contributions and/or grants. 5. By providing the instruction, scholarships and education of glider flying Tidewater Soaring Foundation, Inc. is providing services that are for the common good of the public, 6. No part of the activities of Tidewater Soaring .Foundation, Inc. involves the carrying on of .propaganda or otherwise attempting to influence legislation. 7. No rules, regulations, .policy or practices of Tidewater Soaring Foundation, Inc. discriminate: on the basis of religious conviction, race, sex, age or national origin. 8. It is the belief of the .Board of Supervisors of Isle of Wight County, Virginia that the revenue impact on the County of Isle of Wight would be minimal at best for the services provided by Tidewater Soaring Foundation, Inc. compared 17 ~o~K 20 ~M:r 34 to how said services of Tidewater Soaring Foundation, .Inc. benefits the County of Isle of Wight. 9. Tidewater Soaring Foundation, Inc. is organized as anon-profit organization and anon-stock corporation. WHEREAS, the current assessed value of -the real, property owned by Tidewater Soaring Foundation, Inc. is $94,700.00 which would result in a real estate tax loss for the County of Isle of Wight of $681...84 based on the current tax rate of $0.72 per $100.00. NOW, THEREFORE, be it resolved by the Board of Supervisors of Isle of Wight County, Virginia, in regular session assembled on January 18, 2001, that it does hereby support the request by Tidewater Soaring Foundation, Inc. and urges the Virginia General Assembly to favorably consider its request for real estate tax exemption as an organization qualifying for .real estate tax exemption under the laws of the Commonwealth. 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 Bradby called for a public hearing on the following: An Ordinance to Amend the Enhanced Emergency Telephone Service Tax Ordinance to Increase the Amount of Tax. Chairman .Bradby called for persons to speak in favor of or in opposition to the proposed Ordinance. Jerry Kelpien of Hayloft Lane addressed the Board relative to his concern over the increase in his phone bill. He stated an increasefrom $19 to $42 is unacceptable and would cause him to disconnect his phone. Thomas Finderson of the Newport District. expressed-:concern with the effects the increase will have on residents. He recommended .the County pursue the $1.3 million owed to the County in back taxes, which would pay for the central. dispatching system. He stated the older citizens feel that they are beginning to pay the cost of growth when the County has- other means to fund the central dispatch system. Theodore. Hardison .addressed the Board concerning the. dispatching systems. He noted .both centers are now obsolete and in several. years the County is going to be faced with a dilemma to come. up with .the necessary funds to upgrade the system suitable for the area. Chairman Bradby closed the public hearing and called for comments ~ from the Board. e 18 ~~~~r: 2U f ~:r 35 'u Supervisor MacManus stated the purpose of the increase from $1 to $3 is to purchase the central dispatch system needed to protect the citizens of this community. Supervisor Claud clarified that the population. of the County in 20 years is projected to be approximately 40,000 residents. He further stated that regarding the calling. plan, residents have an option to either use the flat rate plan or a local calling optional plan.. Supervisor Bradshaw clarified that the Board does .not have the authority to collect delinquent taxes as this is the sole responsibility of the Treasurer and the Board of Supervisors is not allowed to interfere with the responsibilities of the Treasurer. He suggested that the Board may want to appoint several citizens to the Central Dispatch Committee and have them involved in developing the, plans for the E-911 process and what will be done with the funding. Supervisor Claud inquired if he was a consumer with three (3) telephone lines would his tax be $3 or $9? He stated, as advertised, it is not clear whether it is per household or per line. Supervisor Bradshaw noted Supervisor Claud has brought up a legitimate .point .and the County Attorney will need to advise the Board upon his return. Supervisor .Claud moved the .Board table consideration of the Ordinance until the next regular meeting in February, 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. 1 // Supervisor Bradshaw moved the Board- return to the regular order of the agenda. _The motion was adopted unanimously (5-0). // Chairman .Bradby called for the continuation of the Parks and Recreation report. Mr. Nogiec presented a marketing plan developed by staff for the Isle of WightlFranklin Skating Rink which was .implemented last year to target school organizations and offers a rate plan that is modified. Supervisor Clark moved the Board .modify the rate schedule in accordance with the request of the Skating Rink Manager. The motion was 19 ~. 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 Bradby called for the Economic Development report. Patrick J. Small, Director of Economic Development, presented a list of staggered terms for the Economic Development Committee members as recommended by staff He stated staff would return at the Board's next meeting with a recommendation from the Economic Development Committee forthe Board's review. Supervisor Bradshaw moved. the Board direct the Economic Development Committee to solicit and recommend names of the. five (5) individuals that the Committee would like to have on a staggering term ending with 2004 instead of 2002 and that each district be represented. 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 County's Economic Development Strategic Plan. for the Board's .consideration. He stated staff is recommending that the Board adopt the Plan and direct staff to incorporate its contents into the .Comprehensive Plan. Supervisor MacManus moved the Board members forward their individual comments to the Director of Economic Development and that it return to the Board at a later date. Each Board member was asked to provide his comments to the Director of Economic Development by the end of the month. 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, a Ferformance Agreement between the County and Cost Plus for the Board's consideration. Supervisor Claud moved the Board approve the Performance- . .Agreement. with Cost Plus. 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 Bradby called for the County Administrator's report. 20 ~~„~. 2t~ 37 ,~. ~~ County Administrator Caskey presented a Resolution in Recognition of the Passing of David D. Hardy which he recommended the Board adopt. Supervisor Claud .moved the Board adopt the following resolution: RESOLUTION IN RECOGNITION OF THE PASSING OF MR. DAVID D. HARDY WHEREAS, Mr. David D. Hardy .has been a tireless advocate of educational, recreational, and business opportunities for citizens in Isle of Wight County, Virginia for decades; and, WHEREAS, Mr. Hardy served faithfully as a member of the Isle of Wight County Industrial Development Authority from 1982 until 1999; and, WHEREAS, Mr. Hardy's contributions of time and talent have significantly improved. the quality of life for all citizens of Isle of Wight County; and, WHEREAS, the Board of Supervisors. of Isle of Wight County were deeply saddened by the news of Mr. Hardy's untimely passing. u NOW; THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express it deepest condolences to the family of Mr. David D. Hardy. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. 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, presented arequest- for HOME grant. funding for use in several projects in the Smithfield area. He noted the HOME program is a Federal program the County has participated in over the last several years in which the County receives. an annual allocation of Federal funding. He stated the request is a commitment from the County of the Federal allocation that is provided to the County. He stated he anticipates using the in-kind and cash match provided by the Town of Smithfield, in addition to the other funding that is being leveraged by this grant program to take care of the potential match requirement. He stated what is being attempted is to use Federal dollars only in terms of the County's commitment. Chairman Bradby turned the meeting over to Vice-Chairman Claud noting he had a conflict of interest. 21 +c. ~ ' BOLA ~U r, :r 30 ~.. Vice-Chairman Claud called for consideration of the request. Dr. James Harrison,. Pastor, Main Street Baptist Church, briefed the Board on the relationship .between: Main Street Baptist Church and Arrow Affordable Housing,. anon-profit organization, to build homes in the community to initiate home ownership for persons who otherwise could not afford a home in the conventional way. Brian Hicks, Arrow Affordable Housing, briefed the Board on Arrow's affordable. plan to low-income home buyers in the County. He stated -120 applications have been received to date. He further stated the rehabilitation of the. Church Manor_will be a tax credit to the County funded by tax credits from the Virginia Housing Development Authority. C. Roland Dixon, Main Street Baptist Church member, stated in 1956 the Church built a 50 unit apartment complex which is in .need of renovation. He stated the Church: would like to move forward with its original dream of building individual homes. ` Supervisor Clark .asked Mr. Hicks how much real estate tax revenue would be generated for the County upon build-out of these homes. Mr. Hicks. replied that the total build-ouf of housing with 26 middle- • income .and market homes would be $5,000,000. He stated if several people chose to build a $ l 54,000 to $175,000 along the creek, the build-out could be $6,000,000. Supervisor Bradshaw noted that after build-out, the annual real estate tax revenue would be approximately $14,000. Supervisor Clark moved the Board approve the request, as presented, and authorize staff to work with the applicants on the project. Quarterly reports regarding the status. of the project would be submitted by the applicant for inclusion in the Consent Agenda. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud. voting in favor of the motion {4-0) and Chairman Bradby abstaining from voting on the matter. Vice.-Chairman Claud .turned the meeting back over to Chairman Bradby. County Administrator Casket' presented a contract for financial advisory services for the Board's consideration. He stated staff recommends the Board enter into an agreement between the County and.Public Financial Management, Inc. Supervisor Claud moved the Board .approve the contract and authorize the Chairman to sign pending the review of the County Attorney. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark 22 tt r e~ ~o~~ 2~3 -~: 39 and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion // II Chairman Bradby called for the County Attorney's report. Dale Phelps, Assistant County Attorney, distributed information for the Board's reference. Assistant County Attorney Phelps requested a closed session later~in the meeting... // Chairman Bradby called for Old Business. County Administrator Caskey presented a request from. the Carrollton Public Library for a change in funding fora position at the Carrollton Public Library. Supervisor Claud moved the Board evaluate the request during the normal budgetary 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. County Administrator Caskey presented information requested by the Board regarding a request by Robert D. Brugh to connect his property located on Battery Park. Road to the Town of Smithfield's sewer system. Supervisor. Claud stated that the water and sewer line between Battery Park Road and Gatling Pointe does not belong to the County. He stated he does not agree that the Board should redraw the boundary lines and he would recommend the Board take no action at this time. Supervisor MacManus stated this is commercially zoned property and he has a concern of it being developed as .commercial property. He stated he also saw no reason to move forward at this time. Chairman Bradby called for consideration of a rezoning request of B&J Mini Storage from RAC, Rural Agricultural Conservation to C-GC, Conditional General Commercial for approximately three (3) acres located on the east side of Courthouse Highway (Route 258). - Mr. Hartley noted the matter was tabled by the Board at its December 21, 2001 meeting in response to comments by the Town of .Smithfield Planning Commission. He stated the County's Planning Commission discussed this .matter. at its January 9, 2001 meeting. and the applicant has 23 .. +c. _BOnA, 20 ~,,~r 1~0 submitted revised proffers based on discussions with the Town of Smithfield.. He stated the Town of Smithfield Planning Commission members are satisfied now based on the revised proffers. Supervisor Clark moved the Board approve the proposed rezoning, subject to the noted conditions. 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 request staff to :bring. back a recommendation atthe March 1, 2001 .meeting as to how to implement. a system of proposed bike trails, (i.e, establish procedures, recommendations as to the committee .that would evaluate such routes, etc.). 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 Bradby called for New Business. Supervisor Claud moved the Board direct staff to place on the agenda the proposed: E-911 tax increase for consideration. by the Board at its :continued meeting .set .for .January 26, 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 Bradshaw moved the Board appoint one (1) citizen from. each of the districts to serve on .the Central Dispatch 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. U Chairman Bradby called for Appointments. " Supervisor Bradshaw moved the Board accept the resignation of Anthony King, representing the Carrsville District, from the Board of Zoning Appeals.. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board accept the resignation of Edna King,. representing the Carrsville District, from the Planning Commission... The motion was adopted .unanimously (5-0). Chairman Bradby moved the Board accept the resignation of Herb DeGroft, representing the Hardy District, from the Isle of .Wight Substance Abuse Advisory Council. The motion was adopted unanimously (5-0). 24 Chairman Bradby moved the Board appoint Delwin Brown, representing the Hardy District, to the Isle of Wight Substance ..Abuse Advisory Council. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board appoint Branch Lawson, replacing Mansir Hicks, on the Economic Development Committee. The motion was adopted unanimously (5-0). Supervisor Claude moved the Board reappoint Eddie Ray Scott, representing the Windsor District, to the Transportation Safety Committee. The motion was adopted unanimously. (5-0). // Mr. Small requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning acquisition of property where disclosure may affect the bargaining position of the County. Supervisor Bradshaw requested a closed session under Section 2.1- 344 Al of the Freedom of Information Act concerning a personnel matter. Supervisor MacManus requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning acquisition of property where disclosure may affect the bargaining position of the County. Supervisor Bradshaw moved the -Board enter closed session for the reasons stated. The emotion 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 Bradshaw 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 25 +c. - 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 E 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 Bradshaw moved the Board set February 5, 2001 for a joint meeting between the Board and :the Planning Commission and that -staff notify the members of the Planning .Commission accordingly. 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 continue its meeting until January 26, 200.1 at 6:00 p.m. at the Smithfield Conference Center for the purpose of the Board conducting its annual Retreat. The .motion was adopted unanimously (5-0). Henry H. adby, Chairman ~ . W. Doug skey, Clerk.