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06-21-2001 Regular Meeting~~~~, z~ ~;,.~~zgo REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF JUNE 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 Croak, Jr., 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 6:00 p.m. The invocation was delivered by Supervisor MacManus. The Pledge of Allegiance was conducted. // Chairman Bradby called for Special Presentations. Sharon Stallings, General Manager, Charter Communications, distributed information and briefed the Board on the progress of the rebuild to the existing cable system in the County. Michael Sullivan,. Charter's Regional Director. of Governmental Affairs, was also present in the audience. Ms. Stallings stated Suffolk's rebuild is required by a franchise agreement by the end of 2002. The rebuild will encompass the City of Suffolk, the County of Isle of Wight and the City of Franklin. For the first time, the County will have total connectivity throughout the entire. County which will bring the County over seventy (70) analogue channels, hundreds of digital channels and high-speed Internet access. Responding to an inquiry by Supervisor Clark, Ms. Stallings reported that the commitment for the Smithfield area rebuild in the agreement is for year end 2002. Supervisor Clark noted the prior Charter representative had represented that the rebuild would be complete by the end of this year, but Ms. Stallings has indicated tonight that it may be somewhat longer. Ms. Stallings replied no more than six (6) months longer than originally represented. It is to Charter's advantage to complete the rebuild as quickly as possible as Charter is competing with dish businesses. 1 1 1 1 aJ'ii ~V !n~i~ 2V~ .Supervisor Bradshaw asked the County Attorney if the County .has come to an agreement on the franchise with Charter. County Attorney Crook replied "no," the agreement was sent to Charter's representatives and we are awaiting their response. Ms. Stalling stated Charter believes the issue at hand is whether or not the franchise agreement is legally transferred from Falcon. Supervisor Bradshaw requested Ms. Stallings provide him with a copy of the map of the build-out area covering the southern area. Supervisor Claud requested Ms. Stallings provide all Board members with a copy of the build-out map for .the entire County. She indicated she would comply with their requests. Responding to Supervisor Bradshaw whether a digital map was available, Ms. Stallings offered to provide a digital version of all such information so that it may be downloaded to the GIS. Ms. Stallings addressed customer services issues. She stated the hours have been expanded until ?:00 p.m. daily with employment of additional personnel. Supervisor MacManus inquired .why Charter had two (2) price increases within the same year. He stated the system is old and there have been no improvements to the quality of the service. Ms. Stallings responded that she could only address the second. increase which was for the pay channels and wire maintenance. Supervisor Bradshaw stated he has received more calls from citizens in the last six (6) months with service complaints and reception problems. Ms. Stallings :warned the Board that as the rebuild goes through the different areas in the County and she receives more definitive schedules that the Board members will receive more calls because customers are cut off to be placed on the new plant. She stated she would work. closely with the Board members to advise them ahead of schedule so they can anticipate calls. She stated she would also communicate through the local newspapers. She stated she anticipated. everything. to be smoother in six (6) months, however, it will be an interesting six (6) months because a lot of activity will be going on. She stated in six (6) months the County will have broad band technology that can be offered to the residents, the schools and new businesses locating in the County .that is as good,. if not better, than any major city in the entire country. 2 Supervisor MacManus noted Franklin .has a Charter office. He inquired if the possibility exists for a Smithfield office. Ms. Stallings stated she would look for places for residents to take in their payments in the County, i.e., banks, but she has never found that having lots of offices improved customer service, rather it makes it harder to manage. She stated it is not likely she would. open an administrative office here, but she would look for payment centers for the residents. Bruce Powell,. Emergency Coordinator, Amateur Radio Emergency Services CARES), briefed the Board on the recent activities of the group. He stated ARES is .devoted to helping local professional emergency managers respond effectively during times of crises by providing additional communication support. He stated during major emergencies, communication systems for law enforcement, fire and utilities are inadequate and amateur operators can provide supplemental communications. that emergency managers need in order to respond to their emergencies. He stated he will be participating in the VOPEX drill next week and with the new antenna and receiver, he can now talk directly to the National Weather Service in Wakefield. He stated he would be participating in the largest amateur radio event in North America which will determine whether amateur operators can operate under emergency conditions for twenty-four (24) hours without connection to power in any way. He stated amateur operators have the technical knowledge and the training in emergency communication procedures, along with the special equipment, to assist in emergency situations. // Chairman Bradby indicated the following Consent Agenda included .Items 1, A through F, and asked if there were any items for removal: A. Resolution to Accept and Appropriate CDBG Hurricane Floyd Flood Reclamation Funds B. Resolution to Appropriate Funds From the Thomas Park CDBG Fund Balance C. Proposed Ongoing Boykin's Tavern Advisory Committee D. Delinquent Real .Estate Tax Collection Monthly Report E. May 3, 2001 Regular Meeting Minutes F. May 17, 2001 Regular Meeting Minutes 3 1 1 C r~ ~,.. ~. ~ ?r1 ?83 Supervisor Clark moved the Board adopt all items of the Consent Agenda with the following corrections made to the. May: 3; 2001 minutes: Page 1$, stating that prior to the presentation by Goodman & Company that the Board had requested staffto ask the Treasurer to be present and that staff returned and stated the Treasurer was not able to attend; on Page 41, that the first paragraph is identical to the previous paragraph on Page 40 and should be deleted; Page 29, concerning the issue of redistricting, the reasons. for the dissenting votes should be listed as Supervisor Clark voted against the motion because Longview was not included in Newport and Supervisor MacManus voted in .opposition because it was not a seven (7) member districts plan. Regarding the May 17, 2001 minutes, on Page 9, it states that Mr. and Mrs. Townsend were present and Mrs. Townsend (Vicky) was not present; on Page 33, the name of the. appointee is Bob Waxham. 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. Jonathan. W. Hartley, Director of Planning and Zoning, noted that the VDOT Resident Engineer was present at the meeting tonight. Directives were given to the Resident Engineer, as follows: Responding to a request from Supervisor Claud that work be initiated on Muddy Cross Road, Mr. Neblett reported. that the deeds have been prepared and VDOT has begun making contact with the property owners who have not signed up at this point. He stated opposition has been expressed by one (1) of the property owners and hopefully this situation can be resolved quickly. Supervisor Claud requested staff address the issue of painting the center lines on secondary roads with Mr. Cleveland at the meeting scheduled for Monday, June 25, 2001. Responding to Supervisor Claud's inquiry about the status of improvements to the railroad crossing on South Church Street, Mr. Neblett advised VDOT is now discussing methods by which to correct the problem. Responding to Supervisor Cloud's report of a drainage. problem on Courthouse Highway from the. nursing home in Windsor to Route 460, Mr. Neblett noted he would investigate enlarging driveway culverts below the BMP pond at the nursing home due to rain overflows. Responding to Supervisor Cloud's request to expedite work on South Johnson Avenue, Mr. Neblett stated the VDOT contract administrator must review the project to determine if all is in order with regards to utilities. He 4 -eo 20 ~, ::~ 284 stated he anticipates the project could be ready for advertisement for bids within four (4) months. Responding to Supervisor Bradshaw's inquiry concerning the status of the bridge over the Blackwater River, Mr. Neblett. reported that work is on schedule. Responding. to Supervisor Bradshaw's inquiry concerning the detour for the .Route 260 Connector Project, Mr. Neblett reported that .the District Engineer is investigating. what kinds of problems trucks are causing and that he would revisit the site on June 27, 2001. Responding to Supervisor Bradshaw's inquiry concerning the status of Pruden Road, Mr. Neblett advised the project will be resolved within the next ten (10) days and would go to bid in September. Responding to Supervisor Bradshaw's inquiry about Dukes Lane, Mr. Neblett stated the project is under review and should be complete by the end of next. week. Supervisor Bradshaw expressed concern with the recent flooding in the Zuni area due to inadequate drainage. He noted that this is the primary evacuation route for Hampton Roads and requested that the County Administrator and staff meet with the Resident Engineer and provide the Board with a recommendation. Mr. Neblett stated in 1998, VDOT cleaned out roadside ditches and out-fall ditches. He stated. VDOT, in conjunction with the Board, needs to review the drainage basin. of the entire system via a drainage study. Chairman Bradby requested that Holly Point Way be placed on the Candidate List for Pave-in-Place funds. Supervisor Clark noted that the reports reflects "no change" under Kings Cove Way, however, VDOT has been to the site and cut the bushes. Responding to the inquiry of Supervisor Clark regarding the status of Sugar Hill Road, Mr. Neblett reported that VDOT has begun removing. the encroachments so that VDOT can begin the improvements and drainage work. Responding to the inquiry of Supervisor Clark concerning Whippitigham Parkway, Mr. Neblett stated he would be back in touch ai~er he hears back from VDOT's traffic engineering section. 5 a~~~~. 2(~ ~~:~285 Supervisor Clark advised Mr. Neblett that Mr. Hill is willing to transfer the right-of--way on Yellow Rock Road to the. State system. 1 // At 7:00 p.m., Supervisor Bradshaw moved the Board amend. the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board amend the order. of the public hearings in order to conduct the public hearing on Item I first. The motion was adopted unanimously (5-0). Chairman Bradby called for a public hearing on the following: I• Appointment of School Board Member for Smithfield Election District. 1 Barbara Olin was nominated by Delores Cahoon for the Smithfield Election. District representative to the Isle of Wight County School Board. Ms. Cahoon stated. the Board last year appointed Ms. Olin to the School Board as an At-Large member and Mrs. Olin's qualifications merited this appointment.. She. stated these qualifications have been enhanced and expanded dramatically during the last year. Ms. Cahoon stated not only has Ms. Olin worked. hard, but her efforts were effective and for the past twelve (l2) months, Ms. Olin has proven herself capable of this position. Charles Franklin Bryan was nominated by Reverend James Harrison for the Smithfield Election District representative to the Isle of Wight County School Board. Reverend Harrison expressed a concern with some of the recent redistricting issues, particularly lack of minority representation on any and all of the committees around the County. 1 County Attorney Crook advised that the statute requires that -the Board of Supervisors must wait seven (7) days before acting to appoint the School Board member and that the Board. can not appoint anyone who is not nominated at this meeting without holding another public hearing. Supervisor Claud noted that the Board would take action on the matter at its continued meeting on June 28, 2001 at 6:00 p.m. Chairman Bradby called for a public hearing on the following: A. The application of Betty Lea Piland, owner,and Mary W. Buie, prospective owner, to amend Conditional General Commercial zoning of .3 acre of land located at 14121 Norsworthy Drive, 6 807: 2d f~~::?~'~j' Carrollton,.. in Newport Magisterial District.. The purpose of the application is for a tack shop selling horse and dog supplies. Chairman Bradby .called for persons to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Clark .inquired if the proposed application is consistent with. the Draft Comprehensive Plan. Mr. Hartley replied "no" that this property is not located in a mixed use area. Supervisor Bradshaw requested clarification of "a few antiques" under Item 4 of the conditioned proffers. He asked the .County Attorney who determines what "a few" antiques consist of. He stated his interpretation of what a few antiques consist of and what the County Attorney or .the applicant call a few is all different. County Attorney Crook stated it is just a voluntary proffer and that they could proffer one (1) antique or more. He stated the application is not primarily for an antique store, although the applicants will have a few antiques on display according to the application. Mr. Hartley noted that as the .Zoning Administrator it is his responsibility to enforce proffered conditions and. if it became an antique store rather than a tack and dog shop, he has the ability to advise the applicant that he has exceeded the "few" antiques. He stated the applicant does have the ability to appeal his determination back to the Board because it is a proffered condition. Betty Lea Piland, the applicant, stated she did not come forward when the application was announced because she could not hear from the back of the room. She stated she would address any questions of the Board.. There being no questions offered, Supervisor Clark moved the Board approve the application of Betty Lea Piland. 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: B. The application of James O. and Sandra L. Annette for a change in zoning classification from RAC to C-RAC and C-RR, approximately twenty-two (22) acres of land located on the north side of White House koad (Route 682) west of its intersection D C with Comet Road (Route 681) in Hardy Magisterial District. The purpose of the application is for a total of two {2) single family residential lots, as conditioned. 1 Chairman Bradby called for persons to speak in favor or in opposition to the proposed application. James O. Arnette, the applicant, stated the application was originally denied because he did not offer a proffer and on June 12, 2001 he offered a proffer, but when he received an agenda for the last meeting there was still no proffer offered although he did offer a proffer. County Attorney Crook stated there were questions and issues and the Planning Commission tabled the matter in .order for Mr. Hartley and himself to meet with the applicant who revised his proffers following the meeting. He noted the Planning Commission voted against the application (5-4). Supervisor MacManus offered for clarity purposes that the applicant is proffering a $1,500 on only one (1) of the lots being rezoned and it was indicated to the applicant that the cash proffer study done ten (10) years ago reflected a cost of $6,900 per residential lot. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Bradshaw asked the reasoning .behind the Planning Commission's vote to deny the application. Mr. Hartley stated the Planning. Commission had concerns about the location of the lot and because the lot was originally created as an exempt lot and in combination with the proffer of one (1) rather than two (2). Supervisor Claud asked the applicant if there is a limit on the number of lots he is willing to agree that there will not be more lots created through the family member transfer. Mr. Arnette replied "no more than three (3) lots as he has three (3) daughters." He stated he did not know how many family member transfers would be created on the other lot. County Attorney Crook stated voluntary proffers have to be submitted in writing prior to the public hearing and if the applicant wishes to change his voluntary proffers he can do that but there will have to be another public hearing. Supervisor Clark moved the Board. table the matter with the applicant to revise proffers (three (3) member limitation on family member transfers 8 e~r~;~, 2C1 ~~:A~ 288 ..and no transfer on the other lot) and hold another public hearing at a future date. The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and -Claud .voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradby called for a public hearing on the following: C. The application of F. Bruce Stewart & Holt M. Lindsay, owners and Veterans of Foreign Wars, Franklin .Post 4411, prospective owner for a change in zoning classification from NC-R2 to Conditional General Commercial, 4.3 acres of land located on the east side of North Lynn .Road, Franklin, in Windsor Magisterial District. The purpose of the application is for the home post for the Veterans of Foreign Wars, Post 4411 Franklin and mini storage rentals. Supervisor Bradshaw. withdrew from discussion and voting on the application stating there may be a conflict of interest because he is a member of the management team. of International Paper who is an adjoining property owner who opposes the application. .Chairman Bradby noted the applicants have requested that the application be tabled. At the request of the applicants, Supervisor Claud moved the Board hold a public hearing on the matter at the Board's August 16, 200.1 meeting. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining from discussion and voting on the matter. Chairman Bradby called for a public hearing on the following: D. The application of the Elks Lodge of Windsor, owner. and .Harrison .Academy of Learning/Day Care, lessee, for a Conditional Use Permit to operate a child care/child day center at 10198 East Blackwater Road, Windsor in Windsor Magisterial District. Chairman Bradby called for persons to speak in favor of yr in opposition to the proposed application. Bessie Harrison, Director of the Harrison Academy of Learning, stated since the last public hearing she has reduced the number of accepted students. She noted there would be a one (1) way drive coming in from North Court Street and exit on Blackwater Road. 9 1 1 1 T: Bonnie Wilcum of Windsor spoke in favor of .the application.. She stated her children currently attend the Academy which is the only daycare facility located in Windsor. 1 Julia Butler Liggins spoke in favor of the application. She noted that she is on the Board of Directors for the Academy which is an asset .for the residents of Windsor. She noted this is a much needed service in the Windsor area. There being no further public comments offered, Chairman Bradby closed the public hearing and calked for comments from the Board. ~_ Supervisor Claud noted the applicant is a resident of the community .and the family goes back many generations. He stated the service provided is greatly needed in the area and the family is responsible with a good reputation in the community. He stated the. building the applicant is proposing to use is in poor condition. and this is an opportunity :for the building to be fixed up and become an asset to the Town. He agreed the location is not perfect, but with the existing building and the conditions outlined by Mr. Hartley, in addition to some he will add,. this building and location can be made safe. He stated the Town of Windsor had some concerns with safety of drop-off and pick-up of the children and the parking, but with the conditions stated by staff, these issues. have been .addressed. He stated he has spoken with the Windsor Town Manager and the Mayor and with the added conditions .they do not object to the application. He stated daycare centers are regulated by the State and inspected, so, in addition to meeting County standards, they must meet State standards, as well 1`le noted for the record the six (6) recommendations to the Planning Commission from Mr. Hartley should they approve -the application, as follows: 1) access to the site should be relocated to a location furthermost away from the V-intersection and the existing access at the V shall be closed and obstructed from use in a manner acceptable to the Zoning Administrator, 2) a one-way drop-off and pick-up area may be established on the south side of the site, 3) property should be connected to public sewer and water, 4) parking of vehicles off-site along the public right-of--way in conjunction with all uses of this property shall be prohibited, 5) a formal lease .agreement with additional parking area acceptable to the Zoning Administrator and legal counsel shall be prepared and recorded with the .Clerk of the Court and, 6) if at any time the lease agreement expires and is no longer in full effect the Conditional Use Permit for a daycare facility shall be voided. He stated he wanted to add the following two (2) conditions: 1) that the daycare be limited to no more than thirty (30) students at any given time and 2) the Conditional Use Permit will only apply to the Harrisons. Supervisor MacManus stated in the applicant's proffer letter, it states. "our beginning enrollment will be no more than thirty (30) students" which implies there may be more in .the future. He recommended the word "beginning" be removed. 10 Supervisor: Claud moved the Board approve the application of the Elks Lodge of Windsor, as conditioned, and with the limitation of no more than thirty. (30) students at any .one (1) time and that the CUP will only apply to the Harrisons. Further, the word "beginning" should be removed where it applies to thirty (30) students. 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: E. An .Ordinance to Amend Chapter 14, Sewers and Sewage Disposal, Article XI, Sewer Line Extensions and System Improvements, Section 14-59 of the Isle of Wight County Code to Limit the Requirements Thereof to Subdivisions of Five (5) Lots or More. E. Wayne Rountree, P.E., Director of Public Utilities, stated there have been several requests that have come before the Board for a variance. The Board granted one (1) request and several others were not granted. He stated if there are subdivisions being created: and it is not economically feasible to extend water and sewer to them, currently the ordinance stipulates that if a property. owner is within a development service district and you create a subdivision, water and sewer must be extended. Now, the applicant either comes before the Board requesting approval of a variance to that provision or that applicant does not subdivide that piece. of land. County Attorney Crook stated if water and sewer is 1,000 feet or more away, will the Board require the owners to extend it to a two (2) lot subdivision .which is not economically feasible. He stated there are individual situations where there is only one lot and under the ordinance as it reads now they would have to extend the County's system to that lot from wherever it is in the service district or request a waiver before this Board. He stated this Board has received. requests for waivers and this Board has not been consistent on the waiver requests. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Brady closed the public hearing. and called for comments from the Board. Supervisor MacManus moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE DISPOSAL, ARTICLE XI, SEWER LINE EXTENSIONS AND SYSTEM IMPROVEMENTS, SECTION 14-59 OF THE ISLE OF WIGHT COUNTY. C 11 CODE TO LIMIT THE REQUIREMENTS THEREOF TO SUBDIVISIONS OF FIVE (5) LOTS OR MORE u WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for rates and regulations on sewer usage, Chapter 14, of the Isle of Wight County Code on January 16, 1997; and WHEREAS, the.Ordinance adopted by the Board of Supervisors required all subdivisions within development service districts to extend sewer service. to said subdivisions; and WHEREAS, the Board of Supervisors has found that for small subdivisions of less than five lots it is not economically feasible in many cases to extend the County sewer service to said subdivisions. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter l4 Sewers and Sewage Disposal, Article XI, Sewer Line Extensions and System Improvements, Section 14-59, be amended to read as follows: Sec. 14-59. Same -When required 1 New commercial andlor industrial construction or development, manufactured home. parks, multiple dwellings and all subdivisions of five (5) lots or more, within development service districts and other specifically designated areas, shall be required to install sewer systems in the development, and to dedicate the systems to the county. The developer will be required, at the discretion of the county, to extend the county system, in accordance with the master plan to the proposed development, or to provide dry sewers and local onsite facilities (i.e. septic tanks, etc.), in compliance with all applicable regulations, for the development. An agreement between the county and the developer shall state the improvements required. Requirements of developers for development, not within development service districts and other specifically :designated areas, regarding the provision of sewer facilities, will be established by, and at the discretion of, the county. 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. { n F. An Ordinance to Amend Chapter 16.1, Water, Article VII, Water .Line Extensions and System Improvements Within Currently Defined Development- Service Districts and. Other Designated Areas, Section 16.1-35, Certain Developments Required to Extend Water Service, of the Isle of Wight County Code to Limit the Requirements Thereof to Subdivisions of Five (5) Lots or More. 12 Chairman Bradby called for persons 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 Bradshaw stated with the situation the County is in with growth and development, this ordinance is a tool, but what the Board is .doing is .removing the tool and giving staff the opportunity to allow exemptions in certain areas. He stated this is a control measure and he believes the Board has made a mistake in relaxing the controls that it has so he must vote against this ordinance, as well. Supervisor Clark moved the Board adopt the following Ordinance:.. AN ORDINANCE TO AMEND CHAPTER 16.1, WATER, ARTICLE VII. WATER. LINE EXTENSIONS AND SYSTEM IMPROVEMENTS WITHIN CURRENTLY DEFINED DEVELOPMENT SERVICE DISTRICTS AND OTHER DESIGNATED AREAS, SECTION 16.1-35. CERTAIN DEVELOPMENTS REQUIRED TO EXTEND WATER SERVICE, OF THE ISLE OF WIGHT COUNTY CODE TO LIMIT THE REQUIREMENTS THEREOF TO . SUBDIVISIONS OF FIVE (5) LOTS OR MORE WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for rates and regulations on water usage, Chapter 16.1 of the Isle of Wight County Code on November 21, 1996; and WHEREAS, the Ordinance adopted by the Board of Supervisors required all subdivisions within .development service districts to extend water service to said .subdivisions; and WHEREAS, the Board of Supervisors has found that for small subdivisions ' of less than five lots that it is not economically feasible in many cases to extend the County water service to said subdivisions. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1 Water, Article VII. Water Line Extensions and System Improvements Within Currently Defined Development Service Districts and Other Designated Areas, Section 16.1- 35., be amended to read as follows: Sec. 16.1-35. Certain developments required to extend water service. -New commercial and/or industrial construction or development, manufactured home parks, multiple dwellings and all subdivisions of five (5) lots or more,. within development service districts and other specifically designated areas, shall be required to install water 13 9n~r 20 ~;,.~ 2~~ systems, and to dedicate the systems to the county. The developer .shall be required, at thediscretion of the county, to extend the county .system, in accordance with the master plan to the proposed development, or to provide dry water mains and local onsite facilities (i.e., individual or community wells, etc.), in compliance with- all. applicable regulations, for the developments An agreement between the county and the developer shall state the improvements required. Requirements of developers of properties, not within development service districts and other specifically designated areas, regarding the provision of water facilities, will be established by, and at the discretion of, the county. The motion was adopted. (4-1) with Supervisors MacManus, Bradby, Clark and. Claud voting in favor of the motion and Supervisor Bradshaw voting against the motion. Chairman Bradby called for a public hearing on the following ordinance: G. An Ordinance to Impose Tax Levies for Isle of Wight County, Virginia for Fiscal Year July I, 2001 Through June 30, 2002. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed ordinance. Nicky Savino of Historic Smithfield stated .she believes there is a surplus in the budget and she would like to see no tax increases.. She stated the Board should use the .surplus in the budget to pay the expenses this year. She noted she represents seniors in her area on fixed incomes who don't have the money to afford the increases. Lud Spivey of Windsor stated .the Town of Windsor voted last evening to decrease the tax rate from $.19 per hundred to $.13 pet hundred. He stated when .the reassessment is complete and the value of properties increases a certain .percentage, the Board must roll back the tax rate by its same percentage so that the amount of money coming into the County will.. not exceed what was coming in theprevious year. He stated if the tax rate is raised from what is advertised, from $.72 per hundred to $.77 that will be a 7% increase. He stated if the County. has a surplus, he recommends using it and he would be opposed to increasing taxes. There being no further public comment offered, Chairman Bradby. closed the public hearing and called for comments from the Board. Supervisor Claud stated in looking at the published budgets. for the Towns of Windsor and Smithfield the meals tax brings in approximately $102,000 and real estate brings. in approximately $80,000 in the Town of Windsor. In the Town of Smithfield, the real estate is approximately 14 ~Q.~ 20 ~M.2~4 $800,000 and the meals tax. is approximately $500,000. If the County were able to adopt a meals tax, then it is conceivable the Board would not have to do'a real estate tax increase, but counties do not have the options towns do to connect 'with other revenue sources.. He stated from a county standpoint, the. Board is limited in what its revenue sources are. Supervisor Bradshaw stated he is completely against a tax increase and.. he supports using the County's surplus, which is the recommended 10% the Cuunty maintains in the Reserve Fund. He stated in times of economic depression, the Board should step into its .reserve fund and not tax our citizens for taxes they have already paid that are sitting in reserves. Chairman Bradby concurred with Supervisor Bradshaw's statements. He stated the County does have the surplus on hand and he believes this is the time to use it. Supervisor Claud suggested the Board have the CIP on the agenda at its .continued meeting on June 28, 2001. Supervisor MacManus stated he would also like to address the CIP that evening. He stated the only two (2) action items the Board has is to approve the Budget and the School Board appointment which should leave suflicient'time to discuss the CIP. Supervisor Bradshaw stated he .believes if the Board is going to approve the CIP then the Board needs to approve the Capital Budget at the same time because it is cash flow and the Board will determine how much money it will take from reserve when it is approved. He stated he hopes the Board will also discuss revenue funding when it discusses the CIP because what was proposed to the Board is to go to the bond market and he wants to specifically state that what the Board is saying is that it is going to .increase taxes at certain times during this five (5) year period in order to meet the CIP. He stated if the Board is not willing to step forward and approve the CIP. based on those assumptions then the Board does not need a CIP. Supervisor Claud moved the Board take .action orr the tax ordinance and the budget at the Board's continued meeting on June 28, 2001. The CIP will be discussed at this meeting,. but no action taken, he stated. Action will be taken on the Budget and the tax ordinance, he added. 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: H. 2001-02 Proposed General Operating Budget i 15 Chairman Bradby called for persons to speak in favor of or in opposition to the proposed Operating Budget. C There being no public comment offered, Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Claud moved the .Board take action on the matter at its continued meeting on June 28, 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 return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradby called for the continuation of Transportation Matters. Mr. Hartley presented a draft Resolution Establishing the Recommendations of the Board of Supervisors of Isle of Wight County, Virginia, for the 2001 Virginia Transportation Development Plan of the Commonwealth Transportation Board and the Virginia Department of Transportation. He noted the public hearing on the Virginia Transportation Development Plan by the Commonwealth Transportation Board and VDOT is being held on July 12, 2001 at 9:30 a.m. Supervisor MacManus stated on Page 2, Item "C" he had requested that the Benn's Church connector be defined. Supervisor MacManus moved the Board adopt the resolution, as amended, with the Benn's Church connector-being defined: RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA,. FOR THE 2001 VIRGINIA TRANSPORTATION DEVELOPMENT PLAN OF THE COMMONWEALTH TRANSPORTATION BOARD AND VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Commonwealth. Transportation Board and the Virginia Department of Transportation .will conduct a public meeting for Interstate, Primary, and Urban System Transportation .Improvements in the Hampton Roads District on July 12, 2001; and, WHEREAS, .Isle of Wight County, Virginia, wishes to make specific recommendations for transportation improvement projects to be included. in 16 the Virginia ~ Transportation Development Plan by the Commonwealth Transportation Board, and .WHEREAS, the .most critical .corridor in need of improvement is the Route 258 corridor from the Town of Smithfield to Route 58 Business, and ~ WHEREAS, this corridor serves as .the primary north-south access to the two.. major industries in the County, Smithfield Foods, .Inc. and International Paper .Corporation, accounting for considerable truck traffic along with the regular traveling public, school buses and farm equipment, ..and NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following corridor is considered the highest priority transportation improvement for the County because of its potential to address serious vehicle afety problems as .well as to provide significant economic benefits for the movement of goods and services within the County and the Hampton .Roads Region: Realignment and the widening of Route 258 to four-lanes between Route 10-Smithfield Bypass to Route 58, including: a. the construction of the Route 260 Connector between Route. 58 and Route 58-Business (now under construction); b. the construction of the Route 258-Windsor Bypass and its grade-separated crossing at the Norfolk Southern rail line; and c. the construction of a connector highway (Berms Church Connector) to relocate Route 258 south of Route 10 between Benns Church and Isle of Wight Courthouse; and, d. The reconstruction and widening of Route 258 south of , Smithfield to extend the. center turn lane. BE IT FURTHER RESOLVED. that the Board of Supervisors of Isle of Wight County, Virginia, supports improvements to U.S. Route 460 between the Petersburg and Suffolk Bypass through either the Limited Access or Local Improvement alternative outlined in the TRANSAMERICA corridor study. This segment. of Route 460 is projected to be heavily congested in the future, yet .supports one-quarter of the freight needs of the Hampton Roads region, and as a consequence has a death rate of twice the Statewide average.. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, supports the establishment of high speed rail service to the Hampton Roads region along the Route 460 corridor. 17 ar_;: 2iJ :'~~ 1 BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following projects are considered to be other important and vitally necessary transportation improvement priorities in the County: 1 1. Construction of capacity and safety improvements to Route 10 in Isle of Wight County, including the widening of Route 10-Bypass to four (4) lanes, along with similar improvements within the Counties of Surry and Prince George. 2. Full funding for the construction of dedicated left-turn lanes on Route 460 in the Town of Windsor from Route 2S8 eastward to the Town corporate limits. 3. Construction and improvement of turn lanes on Route 17 and its intersection with Route 6S9 (Kings Cove Way). BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the County Administrator is to forward a copy of this resolution to the County's legislative delegation and to the .Virginia Department of Transportation for inclusion in the official record of the 2001 public meetings for the Virginia Transportation Development Plan. 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 mation. Pursuant to the Board's request, Mr. Hartley distributed accident data for the .King's Cove intersection and the proposed road closing at Carver Road. He noted he would provide the information pertaining to King's Cove Way to the local residents. // Chairman Bradby called for Citizens Comments. Jim Vandiver requested that Holly Poinf Way be paved. He requested that the entire roadway be paved in conjunction with .the Route 10 project. Eight (8) citizens in attendance stood in favor. of his request. Wayne Kibler also requested that Holly Point Way be paved.. He noted there are several elderly. persons living in the area and during inclement weather the road is impassable. -, I Supervisor Bradshaw advised Mr. Kibler to be present on July 12, 2001 when the State Board of Transportation meets to give his presentation to that Board and request that this road be completed in conjunction with Route 10. 18 Sharon Hart presented a petition containing approximately 250 signatures from residents. along Sugar Hill Road and .adjacent lanes and surrounding areas in opposition to the Norsworthy housing development and any density of less than two (2) -acres per parcel. She further expressed opposition to Sugar Hill..Road being the egress for the Norsworthy housing development and any widening of said road because it conflicts. with and changes the existing rural character of the existing neighborhood, loss of property values due to the. loss of property, endangerment of children and those who use the road for walking, biking, jogging. and horseback riding due to greatly increased traff c flow. She noted the proposed development will greatly affect quality of life throughenvironmental pollution. and .noise due to greatly increased traffic volume and safety of future residents of the Norsworthy development would be jeopardized by having only one egress for a subdivision of this size :and density. Emergency services will encounter strict access in the event of fire or other emergency event. She further requested .that Founders Point be removed from the Development Service District. A community of this density should have more than one (1) egress and she would recommend that the density be ..reduced and the need for another exit. eliminated. She stated the developer has already broken the terms of the agreement several years ago when he began clearing the land. She stated development is now occurring which is in direct opposition to the terms of the agreement. David Bugin of Sugar Hill Road addressed the Board concerning Founders Point and. the Comprehensive Plan and expressed his opposition to this proposed development. He stated he wishes the current community remain small. He stated critical issues need to be re-emphasized and referred to a letter and attachment he sent. to the Board and the. Planning Commission dated June 11, 2001 concerning the master plan submission by the developer. He expressed concerns. with the Comprehensive Plan which proposes mixed use development in areas of the County where the Founders Point development will be which are incompatible with the development, densities and land uses that exist now. He stated the Plan also proposes the extension of the DSDs into. areas of the County that are not currently served by adequate vehicular arteries. He stated Sugar Hill Road is not an adequate service artery unless turned into a service road to service the Founders Point development. He stated the Plan has an adequate inclusion of natural areas and buffers within high. density development areas to lessen the impact on the lower density areas. He stated there may ve a failure by the Plan to recognize and encourage the existing ;mall communities. He stated there is also inclusion of land into the DSD that apparently was not based upon evaluation of their geographical location but by whom the property. is owned, i.e., gentleman's agreements. Regarding the master plan submission by the developer of Founders Point, he stated the original zoning was -flawed from a land planning perspective and adequate measures have not been implemented to date to protect the citizens from abuses from the developer. He stated the development .has no vehicular access to a primary transportation artery thereby forcing Sugar .Hill Road to become primarily a 1 19 r•. 1 n service. road for the development. He stated Founders Point is in close. proximity to the environmentally sensitive Ragged Island and Batten Bay waterway sheds which do not appear to be addressed. He stated Founders Point has density incompatible with the local community and no buffering provided for this to date by the master plan. He stated the developer has offered no cash proffers and has been uncooperative in agreeing with Mr. Hartley's suggestions made to the master plan. He stated Founders Point also jeopardizes designation of Ragged Island .Creek as an exceptional waterway by the EPA and DEQ and the development will generate traffic volumes which will. endanger the safety of residents. He stated .the DS_ D inclusion and subsequent extension of public utilities down both sides of Sugar Hill Road will damage property values of residents and also will open the door for future development on and down the road. He stated the developer has not complied with. the conditions as there has been reports of wildlife and habitat being removed from the site under the cover of darkness. He stated he did not feel that. the County .can rely on any agreement with this developer unless it is specific. and in writing and legally binding. He stated something else needs to be lane to assist the County's Planning Department with the master plan process on this project. Pat Clark of Twin Hill .Road stated he signed up to allow his five minutes to go to Mr. Bugin who is an architect and has experience about the subject of Founders Point. He stated since the legal counsel for Norsworthy spent eleven and one-half (11.5) minutes at the last public hearing, he felt Mr. Bugin should be allowed additional time to finish his presentation if so needed. Tracy Ingram presented a petition to the Board concerning excessive noise from the Pagan gathering over the Memorial holiday. She specifically requested a noise ordinance be developed. She noted that there were too many people in attendance at the event for the area available. Brenda Ingram requested Blairs Creek Way be paved. She further requested street lights. Chairman Bradby requested Ms. Ingram to speak with the Director of Planning and Zoning regarding her requests. V. P. Laughinghouse petitioned the Board for a noise ordinance in an effort to help alleviate noise from the recent. gathering of the Pagans. He also noted concerns with the large bon fires on the property. Supervisor Clark moved the .Board direct the County Attorney to review the County's current ordinance concerning noise and .report back to the Board at its July 5, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 20 ~~~:~. 2~l .~~00 Sarah Wright, on behalf of the Isle of Wight Historical Society, requested the Board allow citizens to utilize Boykin's Tavern. .She stated many citizens of the County .made personal contributions to the restoration with the understanding that the Tavern would be available for their use, as well. as to promote tourism. She noted fragile items can be temporarily moved to an unused room if deemed necessary by the Board. // Chairman Bradby called for the Community Development report. Mr. Hartley.. presented .the application of Robert W. Jones, Jr., Attorney, on behalf of Bailey Enterprises, owner, for a waiver of the requirements for curb and gutter in Smithfield Heights, Section 4 for the Board's .consideration. He noted Smithfield Heights has been developed in Sections 1, 2 and 3 without curb and gutter. The developer is now requesting Section 4 be developed with a total of up to twenty-five (25) lots without curb and gutter and the County's ordinance has now been changed to require curb and gutter. He stated. the. Planning Commission recommends approval of the waiver request. Supervisor Clark inquired when measures related to water quality will be evaluated Mr. Hartley stated the developer at this point has not suggested alternative ways of dealing with storm water and the developer will need to address the Chesapeake Bay Preservation Area Ordinance when he submits the subdivision plans. Supervisor Clark stated this is putting .the cart before the horse because at that point irr time if curb and guttering is needed hasn't the Board precluded that by acting on .the request before it has that information. Mr. Hartley stated "yes" at this point the .County has only received a request for a waiver and stag' has received no other information than the subdivision plan contained in the Board's agenda packet. Robert Jones, Jr., representing the applicant, Bailey Enterprises, stated Section 4 was approved in 1989, but was never developed for reasons unrelated to this. He stated none of the subdivisions in that area have curb and gutter ..and this is an extension of Section 1. He stated the planning to do the subdivision without curb and gutter would require two (2) sets of expensive developing plans because the elevation. plans would be entirely different.. He stated if it is determined that it can not be developed using best management practices, his- clients would have to do curb and gutter. He stated the engineers for the project believe the developer can handle water quality issues without curb and gutter. He stated his client must comply with the Chesapeake Bay Preservation Area Ordinance and control erosion 21 Q~~ ?p :..:,~~1 and water flow and if this can not be accomplished, then the only way to develop the property is to come back and install curb and gutter. Supervisor Clark inquired if the developer would have a problem with a conditional waiver. Attorney Jones replied "no." Supervisor MacManus stated he could not support the exemption for not installing curb and gutter. Supervisor Bradshaw concurred with Supervisor MacManus that he could not support a request for exemption of curb and gutter. Supervisor Clark moved the Board approve the application of Robert W. Jones, Jr. on the condition that if the applicant is unable to comply with water quality standards of the Chesapeake Bay Preservation Act, then. zt the County's option, the County may require curb and gutter be installed. The motionwas adopted (3-2) with Supervisors Bradby, Clark and Claud voting in favor of the motion and Supervisors Bradshaw and MacManus voting against the motion. Mr. Hartley presented the application of Isle of Wight County Industrial Park Land. Trust to create Lot 15 of the Isle of Wight Industrial .Park, IWIP Road, Newport Magisterial District, Tax Parcel No. 42-01-007D, for the Board's information. He stated the Planning Commission recommends approval of the preliminary plat with the condition that the road designed be reviewed and approved by staf~and VDOT. Supervisor Clark inquired if the Department of Conservation and Recreation and the Division of Natural Heritage .reviewed the site. Mr. Hartley stated he has not referred the application to either organization. Supervisor Clark moved the Board table the application of Isle of Wight County Industrial Park Land Trust and request the Director of Planning and Zoning to refer to Robbie Barbuto, Locality Liaison, Department of Conservation and Recreation, Division of Natural Heritage at the DCR for her comments on this application. 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 requested the Board approve the revised Comprehensive Plan for Isle of Wight County, Virginia, dated June 2001. He stated the Plan includes the, addition of the Carrsville map, as well as modification of a table m Section 6 dealing with school projections. He stated staff has received a preliminary list of comments from Mike Alexander of the Planning 22 6~~: 2~) ~;::~ `302 Commission .and .the consultant has reviewed the list and made the numerous modifications and corrected the grammar. He noted the Board's agenda package contains a resolution for adopting the Plan which he recommends. supervisor MacManus stated the Board took action that Shoals Bay be included in the historic district. Supervisor Bradshaw stated regarding the map in Camptown, there is still a small fragment that is still not included as industrial. Supervisor Clark pointed out that the Board can make minor modifications to the Plan at a later date as necessary as the County is under a deadline to approve the Plan. Supervisor Claud stated the County is under a deadline and he suggested proceeding with taking action on the Plan and come back later on and change things as necessary. Supervisor Claud moved the Board adopt the following resolution and approve the Comprehensive Plan of Isle of Wight County, Virginia, June 2001 (The Board noted the need to include certain minor additions and corrections to the document): RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO ADOPT A COMPREHENSIVE PLAN WHEREAS, the Comprehensive Plan Advisory Committee and the Isle of Wight County Planning Commission, with the assistance of Redman/Johnston Associates, Ltd. have prepared and recommended. to the Board of Supervisors a Comprehensive Plan for the physical development of the County of Isle of Wight, Virginia, pursuant to Title 15.2, Chapter 22, Article 3 of the Code of Virginia; and, WHEREAS, the Board of Supervisors of Isle of Wight has given notice and held a public hearing on the Comprehensive Plan on May 31, 2001, after notice as required by Sections 15.2-2204 and 15.2-2226 of the Code of Virginia. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Comprehensive Plan entitled "Comprehensive Plan, Isle of Wight County, Virginia, June, 2001" with accompanying maps, charts, and descriptive matter, is hereby adopted by the Board of Supervisors as the Comprehensive Plan pursuant to Section 15.2- 2226 of the Code of Virginia. 1 1 23 ~~._;~ ~~1.,..~3Q3 The motion was adopted with Supervisors MacManus, Bradb Bradshaw, "Clark and Claud voting in favor of the motion 5-0 an Y~ Supervisors voting against the motion. ( ) d no // Chairman Bradby called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented a request to approve funding for the Carrsville Volunteer Fire Department expansion project. He noted there was originally $240,000 allocated in the CIP for this project, however, when an increase in funds was requested to meet the lowest bid to complete the project, $20,230 for architectural services was not factored in. He stated the correct requested amount at that time should have been $58,000 rather than $38,000. He stated there are water runoff problems requiring the installation of a drainage flume at an additional $2,400. Supervisor Bradshaw moved the Board approve funding for the construction of .the drainage flume at a cost of $2,400 and adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY THOUSAND SEVEN HUNDRED AND THIRTY DOLLARS FROM THE CAPITAL CONTINGENCY ACCOUNT FOR COSTS .RELATED TO THE EXPANSION OF CARRSVILLE VOLUNTEER FIRE DEPARTMENT WHEREAS, an error was made computing the costs associated with the. expansion of the Carrsville Volunteer Fire Department; and, WHEREAS, the capital improvements account for the expansion of the Carrsville Volunteer Fire Department is short eighteen thousand three hundred and thirty dollars ($18,330); and, WHEREAS, two thousand four hundred dollars ($2,400) will be needed to construct a concrete flume to correct a drainage problem at the Carrsville Volunteer Fire Department; and, WHEREAS, funds in .the amount of .twenty thousand seven hundred and thirty dollars .($20,730) need to be appropriated. from the Ca i f Contingency Account to the 2000-2001 Capital. Budget in order to correct the error. and fund the concrete flume. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED b the Board of Supervisors of the County of Isle of Wight, Virginia that twen y ' thousand seven hundred and. thirty dollars ($20,730) from the Ca ital Contingency Account be appropriated to the 2000-2001 Ca ital Bud et p p g. 24 8~~k~ 2n ~;:::304 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of .Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark presented a request from the Carrollton Volunteer Fire Department for the inclusion of $2,500 for EMS supplies in next year's budget. He stated the request could be considered at the Board's next meeting when the Budget is discussed. Chairman Bradby inquired if the generator is functioning at the Rushmere Volunteer Fire Department. " Mr. Childress stated the box will not be delivered until July 15, 2001. !/ Chairman Bradby called for the County Administrator's report. County Administrator Caskey presented. a Resolution of the Board of Supervisors of Isle of Wight County in Recognition and Appreciation of the Virginia Symphony and Maestro JoAnn Falletta on the Occasion of Her Tenth Anniversary With the Orchestra for the Board's consideration. He noted staff would proceed with forwarding the presentation resolution to the Orchestra, if approved. Supervisor Clark moved the Board adopt the following resolution: RESOLUTION BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY IN RECOGNITION AND APPRECIATION OF THE VIRGINIA SYMPHONY AND MAESTRO JoANN FALLETTA ON THE OCCASION OF HER TENTH ANNIVERSARY WITH THE ORCHESTRA WI-IEREAS, The Virginia Symphony has for 8I years enriched the cultural life of the Commonwealth, receiving national recognition for its artistic excellence and community outreach programs, including the County of Isle of Wight; and, WHEREAS, The Virginia Symphony performs more than 150 classical, pops, family, educational and outreach concerts each year, including performances accompanying the acclaimed Virginia Opera; and, 1 25 f~. WHEREAS, the Virginia Symphony provides educational programs annually for more than 200,000 school students throughout the Hampton Roads region;: and, u WHEREAS, Maestro JoAnn Falletta, winner of the prestigious Stokowski, Toscanini and Bruno Walter conducting awards was appointed as the orchestra's 11`" Music Director in 1991, and. Maestro Falletta continues to win engagements as guest conductor of the world's leading symphony orchestras; .and, WHEREAS, under Maestro Falletta's direction., the Virginia Symphony has risen to new .artistic. heights as a member of the International Conference of Symphony and Opera Musicians, and has received accolades from critics throughout the classical music world; and WHEREAS, under Maestro JoAnn Falletta's leadership, the Virginia Symphony provides the foundation for all orchestral musical activities in the Hampton .Roads area, and performs as part of the Virginia Arts Festival, making a major contribution to the economy of the region, and WHEREAS, in April 1997, JoAnn Falletta led the Virginia Symphony in its debut at New York's renowned Carnegie Hall, receiving immediate and positive critical acclaim; and ~~ WHEREAS, the Virginia Symphony's Carnegie Hall performance garnered additional attention for Hampton Roads, helping to unite the communities of Tidewater and the Peninsula; and WHEREAS, in January 2000, JoAnn Falletta led the Virginia Symphony in its debut at The Kennedy Center of Washington, D. C.; and WHEREAS, the Virginia Symphony and JoAnn Fal}etta bring to the County of Isle of Wight their superior talents to perform their. Mozart and More Series for Isle of Wight County area citizens. BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the County of Isle of Wight hereby commends and congratulates Maestro JoAnn Falletta of the Virginia Symphony on their outstanding success. 1 BE IT FURTHER RESOLVED that .the Clerk of the Board prepare a copy of this Resolution for presentation to Maestro JoAnn Falletta as an expression of the County's admiration for the sustained excellence of the Virginia Symphany, and in celebration of a decade under Maestro Falletta's distinguished direction. 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. 26 w ~~c~ 2Q .x:...'306 County Administrator Caskey presented a Resolution Authorizing Continuing. Participation in the Western .Tidewater HOME Consortium for the Purpose of Obtaining Federal Funding Under the HUD Home Investment Partnership Program for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following resolution and authorize the County Administrator to sign the agreement: RESOLUTION AUTHORIZING CONTINUING PARTICIPATION IN THE WESTERN TIDEWATER HOME CONSORTIUM FOR THE PURPOSE OF OBTAINING FEDERAL FUNDING UNDER THE HUD HOME INVESTMENT PARTNERSHIP PROGRAM WHEREAS, HOME Investment Partnership funds provide additional financial resources to Isle of Wight County and the Western Tidewater region to alleviate certain housing conditions through activities including but not limited to new housing construction, homeownership assistance,. and home rehabilitation; and, WHEREAS, every citizen should have a decent, safe, and sanitary living environment in which to live and the County supports efforts to afl7rmatively further fair housing; and, WHEREAS, the continuation of the Western Tidewater HOME Consortium is necessary in order to receive future HOME Investment Partnership funds. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of .the County of Isle of Wight, Virginia :formally supports its continuing participation in the Western Tidewater HOME Consortium and authorizes the County Administrator to do all things necessary to submit a proposal for funding and to implement the 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. County Administrator Caskey stated the County, in conjunction with the School Board, solicit .petroleum fuel bids for the upcoming year. He stated the Acting School Superintendent recommends the acceptance of the low bid from Crossroads Fuel Service, Inc. Supervisor Clark moved the Board accept the low bid .from Crossroads Fuel Service, Inc. for fuel services. 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 1 u 27 r•. 1 County Administrator Caskey stated pursuant to Board action at its previous meeting, staff was instructed to bring back the VACo Legislative Program endorsed by the Board last Fall and forwarded to the .General Assembly. He stated included in the Board's package is the 2001 VACo Legislative Program for the Board's consideration. Supervisor Bradshaw moved the Board submit the following four (4) issues to VACo for consideration and requested staff schedule a meeting with the County's legislative delegation:. support for the distribution of the income tax statewide support for increased teacher's pay support of High Growth Coalition issues support for the General Assembly reworking the budget. to reimburse local governments for loss of State funding The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 County Administrator Caskey requested that the Board designate its delegate authorized to vote at the NACo Annual Conference. Supervisor Bradshaw moved the Board designate Supervisor Claud as the County's delegate authorized to vote at the NACo Annual Conference. 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 the issue of the 1989 David M. Griffith & Associates User Fee .Study conducted for the County to develop a cost recovery fee schedule for fees charged by the Planning and Zoning and Inspections Department. He noted the fees being collected in 1989 were adequate in the Inspections Department, however, low for the Department of Planning and Zoning. He stated the Board, in 1990, took action to adopt a .fee schedule that was a 60% cost recovery basis and from. the onset there was an understanding that the County was not fully recovering cost based on the fee schedule. Supervisor MacManus stated he saw benefit to reviewing the fees with the intention of increasing them. There are some fees that he believes are inadequate even at the 1989 level that is being proposed for 1991 and he would suggest the Board further review the matter at its July 19, 2001 meeting. He stated even on the subdivision plat review, the recommended staff' proposal does not meet the true cost and he would recommend 28 r._ ~a:h, 2~l ~r:~~CB increasing that .figure substantially and still meet the DMG study which would address some of the future development immediately.. He further suggested increasing the wetlands permit fee and the potential to increase the borrow pit fee in light of the fact there is no severance tax. Supervisor MacManus moved the Board request any action or feedback from the Planning Commission with regard to the fees for the Board's consideration by its July 19, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Donald T. Robertson, Assistant County Administrator/Director of Human Resources,. submitted a letter. for the Board's information dated June 19, 2001 from the Department of Emergency Management regarding supplemental funding for the Isle of Wight Hazard Mitigation Grant Program. He stated the information is confirmation on the State's part that the local match required for the cost overruns associated with the elevation will only be in an amount of 5%. He stated the 20% match that has been provided by the State would also be extended to those additional funds that the County has requested to cover cost overruns. // Chairman Bradby called for the County Attorney's report. County Attorney Crook submitted the Committee's draft guidelines to the Board concerning the use of Boykin's Tavern for its consideration. Supervisor Bradshaw moved staff submit the draft guidelines to the Boykin's Tavern Advisory Committee for their review and recommendation to the Board at its July 19, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County. Attorney Crook presented the amendment to the Town of Smithfield/Isle of Wight County water agreement to provide additional water for the Battery Park community which is in final form for the Board's. approval. He stated the Attorney for the Town of Smithfield has indicated that he has discussed the agreement with the Town staff and deleted the provision about the back .flow prevention device. He noted that the agreement does need to go back to the Smithfield Town Council, however, for approval and signatures. Supervisor MacManus moved the Board approve the agreement noting that the agreement has not gone through the Smithfield Town Council, but that the Town .Attorney has discussed it with Town staff and deleted the provision about the back flow prevention device which is very expensive. He suggested that the County take credit for in that clause the current check 1 29 ~r_~~. ~ ?~~ .~-~Q~ valve as mentioned by Mr. Rountree as opposed to requiring the addition of a back flow preventer. _ 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 approve the document for the flood acquisition of two (2) properties (Powell and Joyner) which are ready to be closed on and authorize the Chairman to sign same. Supervisor Bradshaw moved the Board approve the transactions and authorize the Chairman to sign the settlement documents and deeds. The motion was adopted with Supervisors MacManus; Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook reported that the deed has been .received anc~ recorded for South Johnson Avenue. County Attorney Crook reported that he .also has the signed deed- for Yellow Rock Road which requires approval and acceptance by the Board. Supervisor Claud stated there needs to be an understanding with the property owners that the County will not maintain the road in any form or fashion. Supervisor Clark moved the Board accept and approve the deed for Yellow Rock Road and that the County Attorney draft a letter to the adjoining property owners informing them that the County does now own the road and that there is progress being made, .but that the County will not maintain the. road, but will work to get it incorporated into the State system. 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 asked if the Board wanted him to publish An Ordinance to Amend the Chesapeake Bay Preservation Area Ordinance to Add Non-tidal Wetlands Adjacent to Intermittent .Streams and Resource Protection Areas for public hearing by the Board at its August 16, 2001 meeting. County Attorney Crook said direction from the Board was necessary because of the Planning Commission's action. Mr. Hartley stated the Planning Commission recommended denial (7- 2) at its previous meeting noting a concern with the impact on property throughout the County. because the coverage of the resource protection area would be expanded significantly. Supervisor Clark moved the Board direct the County. Attorney to publish the amendment for public hearing by the Board at its August 16, 30 I ear: 2~) .,~. `310 2001 meeting with staff corning back with alternatives on the 100 foot setback requirement.. 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 stated he had several matters for closed session later in the meeting.. // Chairman Bradby called for Old Business. Supervisor MacManus requested a fee structure presentation for rescue squads scheduled for an upcoming agenda. He stated he wanted to revisit this issue to determine revenue streams from a business that does that so the Board can ask specific questions. Supervisor MacManus moved the Board direct .staff to invite one (1) of .the businesses that has developed a fee structure associated with. emergency rescue services to make a presentation at the Board's August 2, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus requested the County Attorney investigate the 19'74 agreement as it pertains to potential linkage through the advertisements that indicated the two (2) projects of Founders Point and Eagle Harbor were linked, i.e., one (1) project could .not move forward without both projects being addressed. Supervisor Clark requested the County Administrator provide a status report on the Board's previous request for CBLAD performing an implementation review. County Administrator Caskey stated he believed , he provided the Board with correspondence whereby he communicated with. Lee Tyson. He stated he would write. to CBLAD. to request a performance audit be undertaken. Supervisor Clark requested the Director of Planning .and Zoning provide the Board with information next week on which members of the Planning Commission have received or are scheduled to receive training. Mr. Hartley stated he had this information and would forward the full list to the Board members next week. He indicated all but two (2) members have either gone through the program or will be. 1 31 1 1 Supervisor Clark referred to a new publication containing a section discussing Planning Commission members meeting privately with developers and discussing specific issues that are likely to come before the Planning Commission. He asked Mr. Hartley. if he was aware of how many times this type of meeting has occurred with regard to Founders Point within the last two (2) months. Mr, Hartley replied "none" and he is not aware of any Planning Commission member going to the site independently with Mr. Gray or Mr. Vincent. He further stated he is not aware of any member being contacted by Mr. Vincent or Mr. Gray to discuss matters coming before the Planning Commission regarding. Founders Point. Supervisor Clark .stated it is his understanding that some of the Planning Commission. members have been contacted individually by Mr. Gray and Mr. Vincent and invited to visit the property and discuss matters to be presented before the Planning Commission for official votes. Supervisor Claud inquired if Board members should not take phone calls or visit sites before taking action on a particular issue. County Attorney Crook stated as the attorney for- the Planning Commission and the Board he would strongly advocate that the Board or Planning Commission member not. take phone calls and get involved with applicants prior to the matter coming before the entire Commission or Board and holding a public hearing. He stated from that point on, if it gets into negotiation, that is different, but the Board and Commission have had the opportunity to hold a public hearing and hear-both sides of the issue. Supervisor Clark moved the Board direct the County Attorney to address the Planning Commission concerning the issue of members meeting with developers before acting on particular applications. Mr. Hartley is to provide the members with a co of the Py publication and highlight the section as it pertains to the discussion tonight. 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 Claud requested the County Attorney review the matter of the County's easement for placement of a sewer line in the Town of Windsor to determine if VDOT can be permitted to use the easement for cleaning the ditches and report back to the Board. Supervisor Claud :reiterated his request to staff that the Treasurer provide figures on taxes that are not collected be included on the Treasurer's report to the Board. Supervisor Claud noted that particular individuals had spoken during. the public hearing on the Comprehensive Plan held at the Smithfield Hi h g 32 i ~~~: 2~l ~i:-312. School Auditorium regarding a lack of water service along .Route 17. He noted he had spoken with Bishop Johnson of Sweet Haven Church who noted these- individuals .were not representing the church's position. He stated the same charge was made with Campbell Chapel Church not having access to the water and the Director of Public Utilities had informed. him that he had spoken with Godwin several months ago and he is trying to get back in touchwith him to determine if there is anything the County can do to assist them. Supervisor Bradshaw requested the status of scheduling the meeting between the Personnel Committee and the Treasurer: Mr. Robertson distributed a letter from Goodman & Company dated June 21, 2001 responsive to the Board's prior request that they review the Treasurer's comments on the recent performance audit. Supervisor Bradshaw moved. the Board direct staff to schedule a meeting with the Franklin City Manager to include himself, Supervisor Claud, the Franklin Mayor and Vice-Mayor for discussion of specific issues. 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 inquired about the status of the .user fees at the proposed -YMCA pool. County Administrator Casket' noted that he thought he had previously provided the Board with such information, but would ensure that the Board received same as soon as possible. Supervisor .Bradshaw moved the Board direct staff to include on the Board's June 28, 2001 continued meeting agenda as an item for discussion by the Board on utility fees. He noted that he did not expect a report from staff at this time. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, C}ark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Casket' noted the County has been presented with a Virginia. Preservation Alliance Award recognizing the community's. efforts relative to the restoration of Boykin's Tavern. He noted the award would be hung at an appropriate location within the Tavern. Supervisor Clark noted there was discussion at .the most .recent Planning Commission meeting concerning the Planning Commission and Board meeting jointly to discuss the Zoning Ordinance. He noted there was some opposition at the Planning Commission meeting and inquired if the Commission was agreeable to meeting with the Board on this issue. 33 ~; ~ ~, 2~l ~ 3~.3 Mr. Hartley advised Supervisor Clark that a joint work session could be held in September, 2001. Supervisor Bradshaw inquired if the County Attorney had yet had an opportunity to review the Disclosure Ordinance. County Attorney Crook stated he would provide the Board with a copy of the Disclosure Ordinance which places on the applicant that he/she states under oath that no member of the Planning Commission or the Board has any interest in the property involved in the application. He noted that if the majority of the Board believes the matter should be voted on to go to public hearing, then he would proceed to advertise it. Supervisor Claud stated he had a problem with this. because when an applicant submits an application to the County and pays a sum for processing, he did not feel they should have to raise their hand under oath that no one has an interest. He stated the Board is saying that no one can be trusted and he can not support it as the whole idea bothers him that the Board would even consider it. Supervisor Clark stated he did not have a problem asking an applicant to do this as he is asking the County to approve an application for him. He stated he trusted Mr. Gray not to go in and develop his property before he was ready to develop it and he let him down. He stated he did not have a problem asking a developer to affirm that he be free of any undue influence on the Board or that there are other connections unknown to the Board. He stated he believes this is a disclosure that increases the public's trust. Supervisor MacManus stated what is being suggested is that the Board believes that members of the various committees or commission are not living up to their current requirements to confess to relationships that they have with certain developers. Supervisor Bradshaw stated he did not have a problem holding a public hearing on the matter to see what kind of input the Board receives on the issue. Supervisor Claud stated there is one (1) project that the County has had a lot of problems with and the Board is going to let this one (1) project dictate what will be done over the entire County over the next several years. He stated he did not believe that the Founders Point project .should dictate everything that the Board does in the future. Supervisor Bradshaw requested the County Attorney provide the Board with a copy of the ordinance for its review and further direction. Supervisor Clark requested. the status of the Board's request for staff to investigate who is responsible for monitoring .the roadway leading to 34 soh 2~l ~~:~~14 Ragged Island acid to follow through with conveying the Board's concerns as to its use so as to ensure that there is no damage to this area. County Administrator Casket' noted he would take care of conveying such concerns and provide the Board with a copy of such information. ~ // Chairman Bradby called for New Business. Supervisor MacManus moved the Board direct staff to set up a joint meeting with the School Board on Tuesday, July 31, 2001 at 5:00 or 6:00 p.m. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining from voting on the matter. It was noted that an agenda could be addressed at the July 5, 2001 regular meeting. Supervisor .Bradshaw stated he could not support such a meeting unless specific issues for discussion are outlined in advance. He stated he needs a clear understanding of what the purpose of the meeting is going to be and the objective of the Board. Supervisor MacManus stated he is looking for an opportunity for the Board to meet with. the School Board informally so that various concerns and issues can be communicated. Supervisor MacManus further moved to direct staff to develop a proposed agenda .and schedule a meeting date with the Planning Commission to discuss the Zoning Ordinance. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the .motion; and, Supervisor .Bradshaw abstaining from voting on the matter. County Administrator Casket' advised he received a letter from Dr. Quincy Gilliam soliciting the Board's interest in having a representative be a part of the Steering Committee and participate in the planning of the Town of Smithfield's 250"' anniversary. Supervisor Bradshaw moved the Board select Supervisor MacManus and Debbie Sivertson as the County's representatives on the Steering Committee which is to participate in the planning of the birthday celebration and respond accordingly to the letter received from Dr. Quincy Gilliam. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. 3S ~~~:~. ~0 -315 County.. Administrator Caskey reported that the .County received a NACo Achievement Award for the restoration of Boykin's .Tavern. He noted the County would participate in a presentation at the national conference. Supervisor Bradshaw asked that he be provided with information pertaining to the time and date of the presentation. I/ Chairman Bradby called for Appointments. Supervisor Clark moved the Board appoint Harry Cassell to the Board of Assessors. The motion was adopted unanimously (S-0). Supervisor Claud moved the Board appoint Kory Forrest to the Office on Youth as the Youth Representative. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board appoint Francesca Leigh to .the Office on Youth as the Youth Representative. The motion was adopted unanimously (5-0). // County Attorney Crookrequested aclosed session under Section 2.1- 344 A3 of the Freedom of Information. Act- concerning two (2) matters involving acquisition of property fore public purposes where. public disclosure would adversely affect the County's: bargaining position; under Section 2.1-344 A7 concerning a matter of contract negotiation for advice of counsel; and, under Section 2. l -344 A7 concerning a matter of probable litigation for advice of counsel. Patrick J. Small, Director of Economic Development, requested a closed session under. Section 2.1-344 A3 of th.e Freedom of Information Act concerning negotiations with a prospect for siting where the location has not been announced and under Section 2.1-344 A3 concerning the acquisition of property where public disclosure would adversely affect .the bargaining position of the County. Supervisor Clark requested a closed session under Section 2.1-344 A3 concerning a matter dealing with .property and under Section 2.1-344 Al concerning a personnel matter. Supervisor Bradshaw requested a closed session under Section- 2.1- 344 A 1 concerning three (3) personnel matters. Supervisor Clark moved the Board enter closed session for the reasons stated. The motion was adopted with. Supervisors MacManus, Bradby,. 36 Earn ~p ,r;:..~1fi Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon returning to open session, Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1 D of the Code of Virginia requires a certification by this Board of Supervisors that such closed .meeting was conducted in conformity with. Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public. business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion .convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion .was adopted with Supervisors MacManus, .Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion, Supervisor Claud moved that the Board authorize the County Attorney. to proceed with negotiations to close on the land with conditions as discussed in closed session. 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 that the Board direct the Director of Economic Development and Supervisor Claud to meet with potential prospects for negotiations as discussed in closed session. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud i~ !7 1 37 i~ II 1 F~,:: ?~ ..~ X17 ~~. voting in favor of the motion (S-0) and no .Supervisors voting against the motion. Regarding the petition submitted by residents of Sugar Hill Road in opposition to Founders Pointe, Supervisor Clark moved the Board authorize the County Attorney and the Director of Planning and Zoning to schedule a meeting with any interested. residents .(Hart -and Bugin) and report back to the .Board on the merits of those concerns. 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. advised the Board that the Secretary of Commerce and Trade has agreed to do the dedication ceremony at 11:00. a.m. for the Cost Plus project on July 31, 2001 followed by a 12:00 luncheon. // Supervisor Bradshaw moved the. Board continue its meeting until June 28, 2001 at 6:00 p.m. Henry H. 3$