03-15-2001 Regular Meeting
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REGULAR MEETING OF THE ISLE.OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF MARCH 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: H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', 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 6:00 p.m. The
invocation was delivered by Supervisor Claud.
The Pledge of Allegiance was conducted.
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Chairman Bradby called for Special Presentations.
Resolutions of Appreciation were presented to Larry J. O'Bryan and
W. Martin Jones, for their .services on the Planning Commission. It was
noted that Edna R. and Anthony S. King were not yet in attendance at the
meeting, but would arrive later.
W. Martin Jones thanked the Board for the opportunity to serve the
County on the Planning Commission .and encouraged other citizens to
become involved in what is going on in the. County.
Larry J. O'Bryan thanked the Board for the opportunity to serve for the
last eight (8) .years on the Planning Commission.
Supervisor Bradshaw moved the Board adopt the following resolution
recognizing and congratulating Neil E. Hanlon for achieving the rank of
Eagle Scout:
RESOLUTION TO RECOGNIZE AND CONGRATULATE:
NEIL E. HANLON
FOR ACHIEVING THE RANK OF EAGLE. SCOUT
WHEREAS, Neil E. Hanlon is a member of Boy Scouts of America,
Troop 3 and a resident of Isle of Wight County, Virginia; and,
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WHEREAS, Mr. Hanlon has achieved the rank of Eagle Scout; and,
WHEREAS, Mr. Hanlon developed a memorial .reading garden at
Hardy Elementary School as a project to encourage and facilitate reading in
the school's courtyard; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Neil Hanlon 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 Neil E. Hanlon is recognized and congratulated for achieving the rank of
Eagle Scout.
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.
Sheriff C. W. Phelps briefed the Board on the status of the Auxiliary
Training Academy.
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Chairman Bradby indicated the following Consent Agenda included
Items 1, A through E, and asked if there were any items for removal:
VDOT Utility System Replacement Agreement -Route 260
Connector
Mosquito Surveillance and Testing Report
February 5, 2001 Continued Meeting Minutes
February 10, 2001 Continued Meeting Minutes
Februaryl5, 2001 Regular Meeting Minutes
Supervisor Claud .moved to include. in the Consent Agenda. the
Monthly Delinquent Real. Estate Tax Collection Report and adopt all items
of the Consent Agenda. .The motion was adopted with .Supervisors.
MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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Chairman Bradby called for Transportation .Matters.
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MacFarland Neblett,.: Resident Engineer, Virginia :Department of
Transportation,. responded to questions by the Board on current road and
highway projects, as follows:
Supervisor Claud asked: Mr. Neblett to determine if additional rght~f--
way would be needed along Blue Ridge Trail.
Supervisor Claud inquired as to the .status. of the Board's prior request
relative to funding for the installation of emergency signals at certain
locations. Mr. Neblett advised he would check to see if .any such .funds are
available through the State's Safety Program.
Supervisor. Claud requested an update on the status of South Johnson
Avenue. County Attorney Crook advised that the deed. had been prepared
and forwarded to the property owner for signature.
Supervisor. Clark addressed the. issue of the operational hours of the
light at New Towne Haven Lane and. Brewers Neck Road.: Mr. Neblett
explained that for safety reasons the light cycles twenty-four (24) hours a
day, seven (7) days a week rather than only during school hours.
Supervisor Clark inquired about the status of Sugar Hill Road. Mr.
Neblett reported that VDOT environmental and drainage officials are
reviewing the feasibility of performing ditching .efforts and installing cross
.pipe across the road, to include building up the pavement. He noted that
there are three (3) encroachments within the right-of-way. Supervisor Clark
:requested that copies. of all. correspondence relative to this issue be
forwarded to him. ,
Supervisor Clark requested .that an historical marker be placed on
Smiths Neck Road in the VDOT right-of--way to identify an historic
gravesite located on property in the Carrollton area. Mr. Neblett noted he
would work with Supervisor Clark in this regard.
Supervisor Bradshaw reiterated his concerns with the detour on the
Route 260 connector project. Mr. Neblett noted he would meet with
Supervisor Bradshaw to review the site and further discuss his concerns.
Supervisor Bradshaw inquired about the status of the Blackwater
Bridge reconstruction (Route 58 Business). Mr. Neblett noted VDOT
anticipates advertisements for bids to go out to contractors in August, 2001.
He further noted construction is anticipated to begin on the project in
October or September of 2001.
Regarding signage for Fire Tower Road, Supervisor Bradshaw. moved
that the Board direct the Director of Planning and Zoning to review the issue
and make a recommendation to the Board of the pros and cons of installing a
"No Through .Truck Traffic" sign on Fire Tower Road. The motion was
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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 expressed his concern with inadequate ditching
on Holly Run Road. Mr. Neblett advised he would discuss this issue further ;
with Supervisor Bradshaw when they meet to discuss his concerns with the
Route 260 connector project.
Supervisor MacManus inquired about the status of the Cypress Creek
connector project. Mr. Neblett noted that the District Office is awaiting a
reply from the. Central Office in Richmond.
Supervisor MacManus requested the status of the relocation of certain
mail. boxes along Route 258. Mr. Hartley advised that correspondence was
being mailed out by the U.S. Postal Service to affected landowners advising
that they can begin moving their individual mail boxes from the west side of
the roadway to the east side. Supervisor MacManus requested that staff take
action to ensure that these individuals have assistance, if necessary, in the
removal and relocation of their mailboxes.
Supervisor MacManus inquired about the status of the Route 10
Business and South Church Street road elevation. Mr. Neblett advised that
bid proposals would be going out in April, 2001 with work commencing in
the Summer.
Supervisor MacManus inquired about the status of the signalization at
the intersection of Battery Park and Nike Park Roads. Mr. Neblett
responded that he would speak with the Smithfield Town Manager.
Supervisor Bradshaw inquired about. the status of Pruden Road. Mr.
Neblett advised that all right-of--way has been obtained with the exception of
Mr. Beale who desires to shift alignment of the road to the north. He
advised that VDOT right-of--way personnel are preparing a special deed. and
plat for Mr. Beale's signature which should be accomplished within the next
two (2) weeks. He noted that utility easements need to also be obtained.
Mr. Neblett advised the ad date to be ruly 17`t`.
Chairman Bradby advised that the driveway containing the water
supply tank on Burwells Bay Road is too narrow. Mr. Neblett requested that
the Board make a formal request and he would forward same on to the
appropriate VDOT personnel.
Richard Cassell, citizen, requested that the unsafe intersection created
by overgrowth of bushes at the intersection of Kings Cove Way and Route
17 be addressed. Mr. Neblett advised that VDOT officials would review the
location to .determine if the brush is located within the VDOT right-of--way.
Mr. Cassell offered to meet with VDOT personnel on this issue. Supervisor
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-Clark requested that a status report on the issue be placed on the next Board
agenda.
Mr. Hartley presented the County Primary and Secondary Road Fund
(Revenue Sharing Program} Fiscal Year 2001-2002.
Supervisor MacManus moved the Board. authorize the Chairman to '
sign the attached letter requesting :the County's intent to participate in the
Revenue Sharing Funds for FY2001-2002. The motion was adopted .with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Mr. Hartley briefed the Board on the status of the alternative bridge
designs for Jones Creek (Rescue) Bridge on Route 704. He indicated that
additional information on -the design of the side rails has been received from
VDOT .and forwarded to the committee members.
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Chairman Bradby called for Citizens Comments.
Darren Stauffer addressed the Board on the subject of the Windsor
annexation and requested that the Board .support the election of Council
members. in November, 2001.
Pat Clark invited the Board. members to attend a "Town/County
Meeting" sponsored by the Isle of Wight Citizens. Association on Monday,
March 19, 2001. at -7:00 p.m. in the Circuit Court Room on the topics of law
enforcement and emergency services. He also expressed aconcern-with the
inability of Michelle Harper to respond to particular comments made by
Attorney Riddick on the Windsor Woods rezoning application considered
under Old Business during a recent Planning. Commission. meeting.
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Noting the arrival of Edna and Anthony King,. Supervisor Bradshaw
moved the Board amend the order. of .the regular agenda to recognize the
Kings for their service to the County.
Bdna King of the Planning Commission thanked the Board for .its
support over the years. She encouraged the Board to provide the leadership
to continue to provide good quality of life .for all citizens.
Anthony King of the Board- of Zoning Appeals thanked the Board for
its support over the years.
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the- order
of the agenda in order to conduct the public hearings. The motion was
adopted unanimously (5-0).
Chairman Bradby advised that staff has. received a request from the
applicants to withdrawthe following application of Leslie Thacker Estate:
The application of the Leslie Thacker Estate, owner and Missioners of
Christ, prospective owners, for a Special Use Permit on approximately
90 acres of land zoned RAC. Said land is located on the south side of
Mill Swamp Road. (Route 626) adjacent to 13374 Mill Swamp Road,
Smithfield, in Hardy Magisterial District. The purpose of the
application is for a Christian retreat and training center.
Supervisor Bradshaw moved the Board approve the applicant's
request to withdraw the. application of Leslie. Thacker Estate. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0} and no Supervisors voting against.
the motion.
Chairman Bradby called for a public hearing on the following:
The application of Jean B. Waller, owner and Stephen & Candice
Waller, prospective owners, for a Conditional Use Permit to occupy an
existing mobile home for two years while constructing a single family
residence located on 3.72 acres of land .off Ponderosa Lane, 13451.
Ponderosa Lane, Carrollton, in Newport Magisterial District.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed application.
Stephen Waller, applicant, requested permission to live in a mobile
home while constructing a permanent home on the property..
Chairman Bradby closed the public hearing and called for .comments
from the Board.
Supervisor Clark moved the Board approve the application of Jean B.
Waller with conditions that the mobile home be removed when the .home is
completed within a two (2) years timeframe. 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:
The application of Margaret Crocker Durden for a change in zoning
classification from RAC to Conditional Rural Residential of one acre of
land. .Said land is located at the intersection: of Whispering Pines Trail
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(Route 650) and Beale Place Drive (Route 646) at 17577 Beale Place Drive,•
Windsor, in Hardy Magisterial District. The purpose of the application is
for one single-family residential lot as conditioned.
Attorney William Riddick, representing the applicant, Margaret
Crocker Durden, requested the Board's permission to cut .out a one {1) acre
lot of a forty (40) acres farm so that she could sell the residence which she
no longer needs.. He stated Mrs. Durden has offered a cash proffer of
$1,500.
Chairman .Bradby closed the public hearing and called for comments
from the Board. - `
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Supervisor MacManus moved. the Board approve the application of
Margaret Crocker Durden.. 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:
The application of Michael L. & Teresa D. Casto for a change in
zoning classification from RAC to Conditional Light Industrial of .23 acre of
land. Said land is located on the south side of County Lane, at 4106 County
Lane, Carrsville, in Windsor Magisterial District. The purpose of .the
application is for an autobody/paint repair shop as conditioned.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed application.
Michael L. Casto, applicant, requested the Board .approve .the
application and allow him to start up his own autobody repair shop.
Supervisor Bradshaw inquired how the zoning was advertised.
Mr. Hartley advised the matter was advertised in The,?'idewater News,
as well as notices sent to all adjoining property owners as required by the
County's ordinance. He noted that none of the residences located on the
west side of the. public road were notified. because none of these residences
were adjoining owners or across the road.
County Attorney Crook explained that .this property is located on a
private road and all of the residences. on that road were notified. He .stated
the statute requires that all adjacent property owners be notified and those
immediately across the road.
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Supervisor Bradshaw stated he thought it was good common sense and
a courtesy to .citizens in the area since it does impact them that. the County
would notify these other residences since the business will be in proximity
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of their homes.. Supervisor Bradshaw suggested staff review the possibility
of doing this in the future.
Mr. Hartley made the Board aware of proffered conditions that were
placed before the Board at the beginning of the meeting which addresses
some of the activities in terms of hazardous materials involved, hours of
operation and appearance and maintenance of the site.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor MacManus noted he would like to see a proffer from the
applicant that the zoning would only be for Michael L. Casto and/or Teresa
D. Casto.
Supervisor Bradshaw moved the Board table consideration of the
application of Michael L. & Teresa D. Casto until the end of the public
hearings to allow the applicant time to provide the Board with a written
proffer that the zoning will only be for Michael L. Casto and/or. Teresa D.
Casto. -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:
The application of Cynthia D. Fogan for a change in zoning
classification from NC-R2 to RAC lots 95 and 96 of the Jamestown
Annex. Said -land is located on the south side of Roosevelt Avenue
west of its intersection with Carver Road (Route 1603) in Windsor
Magisterial District. The purpose of the application is for the location
of a single wide mobile home.
Chairman Bradby called for citizens to speak in favor of or in
opposition to the proposed application.
Ed Moller, representing Mr. Boone, the proposed occupant of the
mobile home, stated Mr. Boone was displaced during Hurricane Floyd and is
in need of this property to relocate a mobile home for him to live in.
Chairman Bradby closed the public hearing .and called for comments from
the Board.
Supervisor Bradshaw moved the Board approve the application of
Cynthia D. Fogan. 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:
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The application of Walter N. Hardy, Sr.,.Thomas S. Hardy and Wilton
N. Wells, owners; .and S. Dawson Moody, prospective owner for.; a
change in zoning. classification of 2.691 acres of land from RAC 'to
Conditional General Commercial. Said land is located on the north
side of Old Stage Highway (Route 10) and west side of Fort Huger
Road (Route 676) in Hardy Magisterial District. The purpose of the x
application is for commercial uses as conditioned.
Chairman Bradby called for citizens to speak in favor of or in
opposition to the proposed application.
S. Dawson Moody, prospective owner, .requested -that one of the earlier
conditions he proffered be changed regarding "suitable landscaping." He
requested that he be allowed to go with the minimum landscaping
requirement on this project. He .pointed out that. VDOT recently put irx a
retention pond at the County line near this property with no type. of
landscaping plan and now there is stagnant water in plain view at the
entrance to the County.. He also pointed out there is also a convenience
store near this property that also has no landscaping plans.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor MacManus requested staff to contact VDOT to determine
what can be done regarding buffering of the retention pond.
Supervisor Clark stated he is not encouraged by the applicant's lack of
commitment. to retaining the beauty along Route 10, however, if the
applicant will agree to landscape the property in a suitable .manner agreeable
with staffhe could support the application; otherwise, he can not support the.
application.
County Attorney Crook advised that Mr. Moody could always come
back before the Board if he thought staff was being too stringent in their
requirements regarding his landscaping.
Chairman Bradby moved the Board approve the application of Walter
N. Hardy, Sr. with the November 7, 2000 and February. 14, 2001. written
- proffers. 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:
The application of John T. Butler, Jr., .owner and Isle of Wight County,
prospective owner, for a Special Use Permit to construct a Solid Waste
Convenience Center on approximately one (1) acre ofland which is
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located on the west side of Carroll Bridge Road (Route 654), north of
its intersection with Woodland Drive (Route 600) in Newport
Magisterial District.
Chairman Bradby called for citizens to speak in favor of or in
opposition to the proposed application.
Mr. Hardy noted that the Planning Commission recommends approval
without any specific conditions.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor Claud moved the Board approve the application of John T.
Butler, Jr. 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 he motion.
Chairman Bradby called for a public hearing on the following
Ordinance:
An Ordinance to Amend Section 10202 of the Zoning Ordinance of
Isle of Wight County, Virginia, to Provide Requirements for Site
Development Approval.
.Chairman Bradby called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Bradby closed the public hearing
and called for comments from the Board.
Supervisor Claud moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND SECTION 1.0202 OF THE ZONING
ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA, TO PROVIDE
REQUIREMENTS FOR SITE DEVELOPMENT APPROVAL
BE IT AND IT HEREBY IS ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia,. that Article X., Administrative Provisions and
Procedures, Parcel 2. Development Approval, Section 10202 thereof to read as
follows:
Sec. 10202. Applications to be completed.
(a) All applications for permits listed in this article must be complete
before the application is to be considered.
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(b) An application is complete when it contains all of the information that
is necessary to decide whether or not the development, if completed as proposed,
will comply .with all of the requirements. of this ordinance. All required
applications or permit fees. must be paid in order to the application to be
considered complete.
(c) For all new single-family residences .and all other principal structures
not subject to a formal site plan, the following information in the form of a plot
plan shall be .submitted and approved. prior to issuance of a zoning permit. or
building permit:
(1) For sites located outside of the Chesapeake Bay Watershed:
(A) The latest survey of the property prepared by a licensed
surveyor or .engineer. For lots greater than 5 acres in size or lots for
which no recent survey is available, a copy of the tax map may be ,
provided, subject to the approval of the zoning administrator.
(B) The specific, location and foot print of all existing and
proposed structures on the property shall be drawn to scale, including
accurate distances from all property lines and shall be signed by the
owner/applicant.
(C) The location of existing or proposed. well and septic
system shall be accurately shown on the plot plan.
(D) The plot plan shall show all. Erosion and Sediment control
measures on the site (construction entrance, silt screening, etc.)
necessary to prevent sediment from leaving the construction area.
Such measures shall be specific to the :drainage on the. site.
(E) Properties which include areas designated. as Flood Hazard
areas shall be required to submit documentation from a licensed
surveyor as to the location and elevation of the proposed structure. in
relationship to the base. flood elevation.
(F) Copies of all other permits from state or federal agencies
shall be submitted with the plot plan.
(G) The name and address of the owner of record and the tax
map number shall be shown on all documents submitted.
(2) For all sites located within the Chesapeake Bay Watershed:
(A) .All plans and documentation shall be prepared and sealed
by a licensed surveyor, engineer. or landscape architect that is
otherwise qualified. by law to prepare -such plans.
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(B) A boundary line and building location survey. of .all
existing and proposed buildings shall be submitted at a scale
acceptable to the zoning administrator. For sites greater than 5 acres,
a separate boundary line survey (the latest available) and building site
survey may be submitted, subject. to approval of the zoning
administrator, provided that the information is sufficiently clear in
identifying the exact location of al 1 buildings and other required
features of the .plot plan.
(C) The exact location of all existing and proposed structures
and significant site improvements (driveways, retaining walls, etc.) on
the property shalt be shown, including accurate distances from- all
property lines.
(D) The location. of existing or proposed well and septic
system and reserve drainfield shall be accurately shown on the plot
plan.
(E) The plot plan shall show all Erosion and Sediment control
measures. on the site (construction entrance, silt screening, etc.)
necessary to prevent sediment from leaving the construction area.
Such measuresshall be specific to the drainage on the site..
(F) The plot plan shall show the limits of clearing for the
construction project. In addition, any .trees greater than eight inches
within the limits of clearing shall be noted on the plot plan.
(G) The finished floor elevation of all habitable structures shall
be indicated on the plot plan.
(H) Properties which include areas designated as Flood Hazard
areas shall be required to delineate the limits of the flood plain as
shown on the Flood Insurance Rate Maps and shall otherwise
document the location and elevation. of the proposed structure in
relationship to the base flood elevation.
(I) Copies of all other. permits from state or federal .agencies
shall be submitted with the plot plan.
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(J) The name and address of the owner of record, and the tax
map number shall be shown on all documents submitted.
(3} .For sites -that .contain an area. designated as a Resource
Protection Area as determined by the County:
(A) The plot plan shall meet all of the criteria identified under
2. above. In addition, the following information shall be shown or
provided as part of the application:
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(B) The topography of the site shall be provided at no less than
two-foot contour intervals and preferably at one-foot intervals.
(C) .The Resource Protection Area shall be accurately shown
including all water features .identified in the County's Chesapeake Bay
Preservation Area Ordinance and the required one-hundred foot k
buffer. The exact source of the information used in the delineation
shall be noted on the site plan, including the names of any other
consulting firms used in determining the limits of all .tidal and non
tidal wetlands, where. present.
(D) Where a buffer of less than one hundred feet is proposed, a
Water Quality Lmpact Assessment. shall be prepared and submitted as
part. of the application.
(E) Where best management practices (BMPs) are proposed
the exact. location of such BMPs shall be shown in addition to any
design details and notations necessary to insure the installation of such
:features.
(F) All landscaping proposed in .compliance with the
Chesapeake. Bay Preservation Area Ordinance shall be shown on the
plot plan.
(4) The items listed above are determined to be the minimum
.:standards necessary to insure compliance with the County's Ordinances and
regulations. Additional information. may be required, when in the opinion of
the zoning administrator, the parcel, site or proposed construction project
requires such information. In addition, the zoning administrator shall have
the opportunity to waive. or modify the requirements above, only where the
documentation otherwise provided is cuff cient to determine compliance.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, .Clark and Claud voting in favor of the motion (5-0) and. no
Supervisors voting. against the motion..
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. Supervisor Clark moved the Board return to the regular order of the
Agenda. The motion was adopted unanimously (5-0).
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Supervisor Bradshaw. moved the Board return to the end of the public
hearings. in order to vote on the Casto application, tabled earlier until the end
of the public hearings. The motion was adopted. unanimously (5-0).
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County, Attorney. Crook. read the following written proffer signed by
the applicants into the record: Michael L. & Teresa D. Casto further proffer..
for a conditional light industrial zoning application that the zoning.. will only
be for Michael L. Canto and/or Teresa D. Casto and will not run with the
land,. dated this 15~' day of March, 2001.
Supervisor Clark moved the Board approve the application of Michael
L. & Teresa D. Canto as proffered and with the further proffer that the
zoning will only be for Michael L. Canto and/or Teresa D. Canto and will not
run with the land, dated this 15`~ day of March, 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.
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Supervisor Bradshaw moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
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Chairman Bradby called for the continuation of Citizens Comments.
Nancy Guill requested that the Board. check on the possibility of a
moratorium on building until the Draft .Comprehensive Plan is approved.
Vincent Le Boffe reiterated his concern that in the future a bypass will
be designed along Whippingham Parkway. He requested .that .citizens be
provided with larger planning maps for viewing purposes.
Supervisor Bradshaw moved that the Board direct the Director of
Planning and Zoning to provide the public libraries with larger maps of the
draft Plan for perusal. by the public. The motion was adopted with
Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
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Michelle Harper of Windsor Woods encouraged the Board to support
the resolution adopted by the Town of Windsor for a special election for
Town Council. She also expressed a concern with her inability to respond to
particular comments made by Attorney Riddick on the Windsor Woods
rezoning application considered under Old Business during a recent
Planning Commission meeting stating that she should have been afforded
the opportunity to correct certain misstatements by Attorney Riddick.
Chairman Bradby advised that Sheriff Phelps has requested that he be
allowed to speak. under Citizen's Comments.
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Supervisor'Bradshaw moved the Board allow Sheriff Phelps to speak
under Citizen's Comments. The motion was adopted unanimously (5-0).
Sheriff C. W. Phelps requested the Board's support of his request for a
special session of the General Assembly to discuss a proposed decrease in
funding from the Governor's Off ce.
Supervisor MacManus moved the Board consider the Sherii~s request
under New Business. The motion was adopted with Supervisors MacManus,
Bradshaw,. Bradby, Clark and Claud. voting in favor of the motion (5-0) and
no Supervisors voting against. the motion.
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Chairman Bradby called for the Community Development report.
Mr. Hartley presented .the Flood Reclamation Community
Improvement Grant Agreement and Amended Program Design. He
requested the Board authorize the County Administrator to sign the
agreement with the Virginia Department of .Housing and Community -
Development (VDHCD).
Supervisor Bradshaw moved the Board approve .and authorize the
County Administrator to execute the County's agreement. with VDHCD and
accept and appropriate funds in the amount of $707,500. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting.. against the
motion.
i~
Mr. Hartley. briefed the Board on the three (3) options suggested by
the Corps of Engineers for a disposal site for the disposal of dredging
materials at the Tyler's Beach Boat Harbor Channel. He noted that staff will
be working with the Corps in utilizing the County's GIS capabilities and
data to identify potential sites for an upland disposal site:
Mr. Hartley presented a grant agreement for Tyl'er's Beach Boat
Harbor project.
Supervisor Claud moved the Board approve and authorize the County
Administrator to sign the grant agreement for Water Quality Improvement
Funds subject to .the review and approval of the County Attorney. County
Attorney Crook was requested to further review the original .agreement. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in .favor of the motion (5-0) and no Supervisors voting
against the motion.
Mr. Hartley briefed the Board on the status of the recent. meeting
between he, Mr. Redman and Mr. Tyson and the associated modifications to
15
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the Comprehensive Plan discussed at that meeting to make the Plan
compliant with CBLAD.
D
Mr. Hartley presented the ordinance. amendment for the renewal of the
Knoxville Agricultural and Forestal District for the Board's consideration.
He requested the Board set a public hearing for its April 19, 2001 meeting
for the possible renewal of the District.
Supervisor Bradshaw moved the Board authorize- staff to advertise the
matter for public hearing on April 19, 2001 on the ordinance for the renewal
of the District.. 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 noted that he distributed to the Board a copy of the Action
List from the March 13, 2001 meeting of the Planning Commission.
//
Chairman Bradby called for the Public Utilities report..
E. Wayne Rountree, P.E., Director of Public Utilities, stated stag' has
been reviewing the various options available for fluoride to bring the six (6)
systems that do not comply into compliance. He stated solutions. have been
found for four (4) of the systems although there are two. (2) remaining
systems that. need to be reviewed in greater detail that what staff has the
ability to do. In this regard, staff has requested the County's consultant to
:prepare an appropriate proposal to do this and before the. Board tonight is a
letter proposal from R. Stuart Royer in the amount of $19,360 for the
Board's consideration to develop the preliminary engineering report for all
six (6) systems. He stated the report should be finished in 45-60 days and
will be used as the basis for the submission of the County's grant application
to the Virginia Revolving Loan..
Supervisor Bradshaw moved .the Board approve the letter proposal
from R. Stuart Royer in the amount of $19,360. 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:
Supervisor Bradshaw moved the Board authorize notification of the
existing water customers in the Carisbrooke and Benns Church systems of
the proposed change in water source and that staff be directed to place this
information on the County's website. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
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Supervisor MacManus recommended .that. notices be inserted in the
bills to all six (6) communities to ensure that all residents are .aware of the
proposed change in water source.
//
Chairman Bradby called for the Economic Development report.
Patrick J. Small, Director of Economic Development, presented the
.Industrial. Access Road Fund Agreement for the Board's consideration. He
requested that the Board authorize the Chairman to sign the Agreement and
should any changes come from the State that these be reviewed by the
County Attorney and .execution take place.
Supervisor Clark moved. the Board approve the Agreement and.
authorize the posting of acceptable surety. If changes are implemented by
the State, same should be reviewed by the County Attorney. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion. _
Mr. Small presented Grant Management Services bid proposals for the
CDBG to assist with infrastructure for the Shirley Holland Park for the
Board's consideration. He noted that staff received only one (1.) bid and
therefore can not open it without the Board's approval.
County Attorney Crook stated the County still has the right to reject
the bid and he would recommend the Board authorize staff to open the bid
and negotiate with the bidder if it is acceptable.
Supervisor MacManus moved the Board authorize staff to open the
bid. and negotiate a contract for the CDBG ,for the Shirley Holland Park if
the bid is acceptable. 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 noted. he had one (1) matter for closed session later in the
meeting.
~~
Chairman Bradby called- for the County Administrator's report.
County Administrator Casket' stated the Board previously directed
him to meet with Town of Smithfield representatives to finalize a Tourism
Agreement between the County .and. the Town. He stated included. in the
:agenda is the Agreement adopted by the Smithfield.Town Council on March
6, 2001 and he recommends the Board adopt the Agreement, as well.
17
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1
Supervisor MacManus moved the Board adopt the joint Tourism
Agreement with the Town of Smithfield. 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 extension of.
completion date of the Carrsville Volunteer Fire Department expansion
project.
Supervisor Bradshaw moved the Board approve. the request that the
contract completion date for the Carrsville Volunteer Fire Department
expansion be extended to accommodate the seventeen (17) .days lost to
inclement weather. 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.
D
Donald T. Robertson, Assistant County Administrator/Director of
Human Resources, presented :a request to authorize staff to continue the
After School Academic Enrichment and Life Skills Training Program. He
stated the County's match, including cash and inkind services, has been
revised to $17,448 although the cash match amount of $12,500. has not.
changed.
Supervisor Claud moved the Board authorize the submission of a grant
application for continuation of the After-School Academic and Life Skills
Enrichment Program. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw,, .Clark and Claud .voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Lyle D. Hornbaker, Information Services Coordinator, presented a
request for approval to move forward with three (3) GIS projects.
Supervisor Bradshaw moved the Board approve the following three (3)
projects: Base Map Improvement; Street Centerline Improvement; and,
:Address Standardization.: .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. Hornbaker provided the Board with a breakdown of demographics
in the County involved with -the 2000 Census. He noted .that he would be
providing the Board with additional information as it becomes available.
//
18
Chairman Bradby called for the County Attorney's report.
..
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County Attorney Crook presented two (2) deeds from VDOT dealing
with the Route 260 connector in the Carrsville/Camptown area. He stated
the County. is conveying to VDOT a parcel that is .owned by the County and
utilized by Department of Public Utilities and the Department of Parks and
Recreation.. He requested the that the Board approve the two (2) deeds and
authorize the Chairman to sign them on behalf of the County.
Supervisor. Bradshaw moved the Board accept the two (2) deeds and
authorize the Chairman to sign them 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 presented a deed from HRFT to the Board for
the strip on Route 460 for the improvement of Route 460 for the industrial
park which has been signed by the landowner. He requested the Board
accept the deed, and authorize the Chairman to .sign it on behalf of the
County.. He noted that the deed also contains the provision that HRFT' will
contribute $5,000 for the cost of the paving.
Supervisor Claud moved the Board accept: the deed and authorize the
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 requested the Board begin to consider the date
for a public hearing for the appointment of School Board members. He
stated the Smithfield Election District expires, as well as the two (2) at-large
members. on the School Board in June.
Supervisor Claud requested that the. matter be included in the Board's
agenda for discussion at the Board's April 5, 2001 meeting.
.County Attorney Crook .stated he had a matter involving negotiations
for property acquisition for closed session later in the meeting.
//
Chairman Bradby called for Old Business.
Supervisor Bradshaw requested.. the status of the agreement for
emergency services with the City of Franklin.
County Attorney Crook ,stated the County has an agreement that the
County pays the City of Franklin $75 for each .trip to the County for fire or
rescue. He stated the City of Franklin has been billing the County for each
trip, as well as the citizen involved, but the agreement does not preclude that
1
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so the City of Franklin is not in violation of the agreement, but a meeting
does need to be set up to discuss certain changes in the agreement.
1
County .Administrator Caskey reminded the Board that its April 5,
2001 meeting would begin at 1:00 p.m. and at the conclusion the Board
would begin its work session on the budget.
Supervisor Claud moved that the Board meeting scheduled for Apri15,
2001 at 1:00 p.m. begin. with the work session on the budget and at 2:00
p.m. the Board convene its regular meeting. At the conclusion of the regular
meeting, the' Board will continue its discussion on the budget. 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.
L
In response to Darren Stauffer's comments under Citizens Comments
earlier in the meeting, Supervisor Claud moved the Board adopt the
resolution that the Windsor Town Council adopted, that the Board support
the Windsor Town Council to move its May elections to November, 2001
under Section 15.2-3226 of the Code of Virginia and that staff send a copy
of the resolution to the County's legislative delegation. 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.
In response to a .request of Sheriff Phelps under Citizens Comments
earlier in the, meeting, Supervisor MacManus moved the Board endorse the
special legislation in support for funding levels. 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 direct staff to draft a letter for
the Chairman's signature- to that effect to the legislative delegation. 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.
r.
Regarding. the Carrsville Volunteer Fire Department, Supervisor
Bradshaw moved the Board approve the change order. 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
9048 ~® ~n;..12~ 1
Regarding the Draft Comprehensive Plan, Supervisor Bradshaw
moved the Board direct staff to provide the Towns of Windsor and
Smithfield with draft copies of the Comprehensive Plan to include full size
maps of the development service districts. The motion was. adopted with
Supervisors MacManus, Bradby, .Bradshaw, Clark and. Claud voting in favor
of the motion (S-0) and no Supervisors voting against the motion.
Regarding County Government Week, Supervisor Bradshaw moved
the Board direct staff to review the recommendations contained in the VACo
Newsletter and present same to the Board in recognition of County
Government Week. The motion.. was .adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark. and Claud voting in favor of the motion (S-0) and
no Supervisors voting against the motion.
//
Chairman Bradby called for Appointments.
Supervisor Bradshaw moved the Board appoint Lisa Parker-Little to
the Bicycle and Pedestrian Facilities Committee.. The motion was adopted
unanimously (S-0).
Supervisor Claud moved the Board. appoint the names contained on
the list included in the agenda to the Fair Committee, as follows: Richard
Turner; Grace Keen; Pete Carr; Karen Casey; Alan Nogiec; Jim Garner,
Gary Hemnann; Tom Baise; Ralph Wilkerson; Shelley Garner; .Allen
Brown; Dr. Vito Morino; Charles Willman; Laurie Willman; Audrey
Christenson; Stan Murrell;- Jimmie Minton; Brian Carroll; Tom Stanfield;
Bob Goerger; Beverly Brown; Lisa Martin; Paul O'Berry; Sharon O'Berry;
..Rhonda Perry; Debra Weir; Rhonda Demsko; Kasey Jones; David Sawyer;
Major Riddle Hines; and, Sara Baughman. The motion was adopted
unanimously (S-0).
Supervisor Bradshaw moved the Board appoint Don Rosie, replacing
Edna King on the Planning Commission. The motion was adopted
unanimously. (S-0).
Supervisor Bradby moved the board appoint Wilton N. Wells, Allen
Bradby, Hubert Bradby, Jr., Payton Jones, Jr. and -Henry H. Bradby to the
Tyler's Beach Boat Harbor Committee. The motion was adopted
unanimously (5-0).
Supervisor Claud moved the Board appoint. Kim Krinsky, Theresa
Jones. and :Doris Wilson to the Youth Services Advisory Board.. The motion
was adopted unanimously (S-0).
//
i 21
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1
County,Attorney Crook presented an assumption agreement between
the County and CB&I Capital, Inc. for the water tower for the Board's
approval.
Supervisor Bradshaw. moved the Board approve the .assumption
agreement. 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 requested a closed session under Section 2.1-
344 A3 of the Freedom of Information Act concerning negotiations for
acquisition of real estate for public purposes where public disclosure would
jeopardize the County's bargaining position.
Mr. Small requested a closed session under Section 2.1-344A 1 of the
Freedom of Information Act concerning a personnel matter involving
evaluation and compensation.
i~
Mr. Hartley requested a closed session under Section 2.1-344 A7 of
the Freedom of Information Act concerning. advice of .legal counsel on a
matter requiring legal advice.
Supervisor Bradshaw 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
1
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 ~lirginia 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
22
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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
r
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 he Board adjourn its meeting. The motion
was adopted unanimously (S-0).
..
enry H. adby, Chairman
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