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11-15-2001 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE .FIFTEENTH DAY OF NOVEMBER IN THE YEAR: TWO THOUSAND AND ONE 1 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. /I Chairman Bradby .called for Special Presentations. 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 Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby recognized Diane Hayes, Isle of Wight `County Museum Foundation Director and presented her A Resolution to Recognize 25`~ Anniversary of the Isle of Wight County Museum. Supervisor MacManus moved the Board adopt the following resolution:. RESOLUTION TO RECOGNIZE 25~ ANNIVERSARY ISLE OF WIGHT COUNTY MUSEUM WHEREAS, the Isle of Wight County Museum. was established November 21, 1976 for-the purpose of recording and presenting the history of Isle of Wight County, Virginia; and, WHEREAS, the Isle of Wight County Museum was first established by the Isle of Wight County Museum Commission; and, WHEREAS, In 1978 the Isle of Wight County .Museum Commission became a committee of the Isle of Wight County Public Recreational Facilities Authority, establishing a permanent location on Main Street in Smithfield Virginia; and, 1 BO^a ~J •ti:~3~ WHEREAS, In 1998, the operation of the Isle of Wight County Museum became. a Division of the Isle of Wight County Department of Parks and Recreation: and, WHEREAS, the Board. of Supervisors of the County of Isle of Wight Virginia .desires to recognize. the .accomplishments associated with the ,establishment and operation of the Isle of Wight County Museum for the past Twenty Five Years. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the- County of Isle of Wight, Virginia on this ..Twenty Fifth Anniversary recognizes and. congratulates the volunteers and .staff associated with the Isle of Wight County Museum for creating an exemplary institution dedicated to the preservation and presentation of historical activities, items and events that relate directly to Isle of Wight County, Virginia. 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 indicated the following Consent Agenda included Items 1, A through G, and asked if there were any items for removal: Supervisor Bradshaw moved the Board. move Item A, "Richmond to South Hampton Roads/High Speed Rail Feasibility Study" listed under Transportation. Matters in the agenda to Item A 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. A. Communication Tower Assessment B. Jamestown/Camptown Blight Clearance Conti`act/Phase II C. 2002 Legislative Priorities Resolution D. CSA Quarterly Census Report E. :Delinquent Real Estate Tax Collection Monthly Report F. .October 18, 2001 Continued Meeting Minutes G. October 18, 2001 Regular Meeting Minutes Supervisor Claud moved the Board adopt all items of the Consent .Agenda with a correction to the first paragraph on Page 12 of the October 18, 2001 Regular Meeting Minutes to reflect the following language on the proffers for the Isle of Wight County .Industrial Park: "a) Provided an entrance/exit to said. Industrial Park is constructed in close proximity to tax parcel 62-01-004A, owned by Ora Dempsey and Sandra E. Martin, and .they 1 2 1 1 i Ao^' ~!~ ..,_5`31 deem their, quality of life and property value. has been negatively impacted, the .County will, at the Martin's request, purchase the said .parcel at the. appraised value. at that time, but will pay no less than the appraised value at the time of rezoning. The appraised values shall be established by an independent Professionally Certified .Appraiser who is selected by .mutual agreement of the property owner and County and, b) If the right-of--way is vacated. at the Cabin Town property intersection, the owner of that property shall be provided some means of access to the rear of his property from a public road." The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for Transportation Matters. Mr. Jay Randolph, .Planner, referred to a handout advising that the Commonwealth Transportation Board is expected to approve the Virginia Transportation Development Plan. He noted that copies of the. Program affecting the County would be furnished to the Board in December, 2001. Mr. Randolph advised the December 5, 2001 quarterly meeting with the VDOT District Administrator and staff has been .cancelled and a new date has not been set. although it will most likely be in December, 2001.' Supervisor Clark inquired about the status of Route 17 and Kings Cove Way. MacFarland Neblett, VDOT Resident Engineer, .advised he had checked the intersection and found the sight visibility to be acceptable.. Supervisor Claud inquired about the status of the right-of-way for Muddy Cross Road. Mr. Neblett advised staff has been in contact with several of the - property owners along this roadway and received some additional. signatures .although not all signatures have been acquired at this point., Supervisor Claud inquired about the .status of the railroad crossing on South .Court Street in Windsor. Mr. Neblett stated the grade has to be raised. and concrete placed around the building which is considered to be an improvement issue rather than a maintenance issue. ....Supervisor Claud inquired about the status of South Johnson Avenue. Mr. Neblett advised the project has been shown to contractors. 3 SupervisorBradshaw inquired about the status of Pruden Road. Mr. Neblett .stated .the project will be shown to .contractors on November 30, 2001 and they will have 30 days in which to bid on the project. Supervisor Bradshaw inquired about. the status of the speed limit reduction on Carrsville Highway. Mr. Neblett advised VDOT staff has forwarded the request to the Richmond office for action by the Commonwealth Transportation Board. He noted he would check the status for Supervisor Bradshaw. Supervisor Bradshaw requested the Resident Engineer to take appropriate action to increase the size of .the speed limit signs along Carrsville Highway. Supervisor Bradshaw inquired about the status of the ditch work along Carrsville Highway where the speed limit will be reduced. Mr. Neblett stated he would check with Mr. Riddick about the status. .Supervisor Bradshaw inquired about the status of the speed reduction on .Stephens Drive. Mr. Neblett .advised that he has not reviewed the report and he would check into the status. Supervisor Bradshaw requested staff to set up a meeting concerning Whispering Pines, Lawrence Drive and Pope Swamp Trail to discuss the condition of these roadways .with the Resident Engineer, the VDOT Superintendent and Mr. Babb. He further requested that these roadways be added back to .the Current Road and Highway Projects list prepared by County staff. Chairman Bradby requested the Resident Engineer to take appropriate action to add calcium chloride to the roadway surface of Holly Point Way. Grace Keen addressed the Board concerning motorists making U-turns at the Benns Church intersection. Mr. Neblett stated he would request the VDOT timing engineer to review the Light cycle again. Mr. Randolph advised .that staff has met with VDOT and addressed the turn-around and drainage concerns, temporary and permanent easements that .will have to be obtained for drainage on Duke's Lane..He advised that 1 4 9o~K 2,0 .:. -x`33 phone lines would have. to be relocated by Verizon outside of the right-of- way in order for the County to guarantee an unobstructed right-of--way. Supervisor Bradshaw moved the Board table the. matter until the Board's .first meeting. in January, 2002 to allow a meeting to take. place with Supervisor Bradshaw and the Resident Engineer. 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.. Jonathan W. Hartley, .Director of Planning. and Zoning, presented. the Draft 2002-203 Construction Budget and 2002-2008 Six-Year Construction P f ~I rogram or Secondary .Roads. Supervisor Claud moved the Board direct staff to advertise and schedule the public hearing required. for the meeting to be held on December 20, 200.1. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud moved that the Board add Maple Lane to the Secondary.Road Project for FY2002-2003 and request VDOT and staff to leave the $150,000 from some of the existing projects so that nothing has to be moved back in schedule: 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. request VDOT to provide .the last two (2) construction budgets. to show the budget compared with the actual expenditures for -those two (2) years. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for Citizens Comments. Mr. Thomas Walters reported that the Governor had announced a $890,000,000 shortfall in the present budget and that the. car tax reduction . will- not be honored next year. // Chairman Bradby called for the Community Development report. Mr. Hartley requested the Board consider a meeting date for a joint meeting. of he Planning Commission and the Board.. 5 gpnr ~_~ '~•.7~ Supervisor moved the- Board continue its meeting until 12:00 on December 6, 2001 to discuss Board direction to the Planning. Commission on Zoning and Subdivision .Ordinances. 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 the availability of copies of a video similar to the presentation made by Ed McMahon on livable communities. He noted that he would be asking all Planning Commission members who could not attend the work session to view the video. Mr. Hartley presented a request from Ashby Land Trust for a six (6) months extension to allow resolution of an easement for the sewer line. Supervisor Clark moved the Board grant a six (6) months extension on the plat approval process.. The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley distributed copies of the Planning Commission's Action list to the Board. // Chairman Bradby called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation, requested a replacement for Bridgett Fields,. representing the Smithfield District, on the. Events Committee. Supervisor MacManus moved the Board appoint Frank Falcon to replace Bridgett Fields as a representative of the Events Committee from the .Smithfield 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. f/ Chairman Bradby called for the Emergency Management report. Richard O. Childress, Director of Emergency Services, presented a request .from the Sheriff's Office. for updated dispatching equipment. He .explained that because of some of the .incompatibilities between the County's current equipment there would be a need for a change out. He stated because of changes within the Central Dispatch Committee the timeline. has changed and he is requesting that the Board authorize staff to move forward with the purchasing and acquisition of the necessary dispatch center equipment. 1 1 6 apn~ 2l .,. ~~ 1 Supervisor Clark moved the Board authorize staff to move forward: with the procurement process to acquire the necessary dispatch center equipment for E-911 calls and authorize staff to put out an appropriate RFP. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting. against the motion. Mr. Childress notified the Board that on November 20, 2001 staff: and Town officials would visit Fauquier County to observe. their dispatch center.. Mr. Childress advised the Board that its approval of the purchase. and' installation of a third antenna on the County's. telecommunications tower to help out with the rescue dispatch signal in the Mill Swamp area of the County has been successful. Supervisor Claud moved the Board direct the County Administrator. to set up a meeting of the. Central Dispatch Committee. after the visit to Fauquier County and bring back a recommendation to this Board on December 6, 2001 as to how the County can move forward. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // At 7:00 p.m., Supervisor 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 called for a public hearing on the following: 1 The. application of Sandra S. Overstreet for a change in zoning classification from RAC to Conditional Rural Residential, 2.3$ .acres of land located off the south side of Mallard Cove Lane on Overstreet Lane in Newport Magisterial District. The .purpose of the application is for one single-family residential lot, as conditioned. Chairman Bradby called for persons to speak in .favor of or in opposition to the proposed application. Millard White, ..Attorney with White- & White, representing. the applicant, stated the applicant has proffered two (2) conditions, as follows: 1) that it be for a single family residence and 2) cash proffer of $2,000. 7 Ro~~. 2~l .: ~`?6 Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board: approve the application of Sandra S. Overstreet for conditional. zoning as proffered. 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 Annie D. Doggett, owner and James E. cQi Rebecca Smith, prospective owners for a change in zoning classification from RAC to Conditional Rural Residential, approximately 5.00 acres of land located on the south side of Mill Swamp Road (Route 626) east of Emmanuel Church Road (Route 708). in Hardy Magisterial District. The purpose of the application is for one single-family. residential lot, as conditioned. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application. Wayne Farmer, Attorney with Barlow and Riddick, speaking on behalf of the applicant, his sister, stated the request is for the rezoning of a single- family residence which was formerly his great-grandfather's property. He stated the applicant is proffering that there will be no further subdivision with the exception of a family member transfer for their six (6) year old son. He stated the applicant is also offering a cash proffer of $2,000. Supervisor Clark .inquired if the applicant could utilize the- family transfer right for the sub-divided parcel in the future. Mr. Hartley. stated the applicant has excluded any further subdivision out of the family., transfer, but they could transfer in the family as long as they can comply with whatever ordinances are in effect at the time. Attorney .Farmer stated the applicant is willing to proffer there would be no further conveyances except limited to family members to their children. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor MacManus moved the Board approve the application of Annie D. Doggett for conditional .zoning and accept the proffered conditions. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 8 II r Ra~~ 20 ., ~?`37 Chairman Bradby called for a public hearing on the following: The application of James. M. Carroll, Jr. for a change in zoning classification from RAC to Conditional Rural Residential approximately two (2) ,acres of land located on the north side of Stallings Creek Drive (Route 680) east of its intersection with Mill Swamp Road (Route 626), Smithfield, in Hardy Magisterial District: The purpose of the application is for one single-family residential lot, as conditioned. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application. Chairman Bradby stated for the record a letter was received by County staff prior to the public hearing tonight from James ~ M. Carroll, Jr., dated November 14, 2001 increasing the original proffer of $1,000 to $2,000 payable at the close, of sale. ii 1 James M. Carroll, Jr., applicant, requested the Board approve. his request for rezoning from RAC to Conditional Rural Residential. Chairman Bradby closed the public hearing and :called for comments from the Board. Supervisor Bradshaw moved the Board approve .the application, of James M. Carroll, . Jr., as proffered. 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 public hearing. on the following: The .application of .Marilyn C. Edwards for a change in zoning .classification from RAC to Conditional Rural Residential.: approximately two (2) acres of land located on the west side of Wrenn's Mill Road (Route 677) north of its intersection with Mill Swamp Road (Route 626), Smithfield, in Hardy ,Magisterial District. The purpose of the application is-for two (2) single-family residential lots, as conditioned. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application. Attorney Wayne Farmer stated a year ago this Board approved. this exact application, but due to an oversight on Ms. Edwards' agent, the plat was not. recorded in a timely manner requiring her to go through this process again. He stated Ms. Edwards has medical conditions and needs funds to take care of these medical. conditions.. He stated when the .application was E resubmitted it was ultimately tabled so he could discuss with her changes in 9 eo~~ 2fl .~~`~8 conditions. that 'may be advisable. He stated she .has :now modified the original application and added the condition of cash proffers in~the amount of $2,000 per lot to be paid at the time the lots are sold. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of Marilyn C. Edwards, as proffered. 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: A Proposal of the Virginia Department of Transportation to Install An Advance Warning System on the James River Bridge Mr. Hartley stated the purpose of the signs are to advise motorists when the bridge is closed, an accident has occurred or when the draw is up. Chairman Bradby called for .persons to speak in favor of or in opposition to the proposed proposal. Thomas Walters, on behalf of the Isle of Wight Citizens Association, stated the Association does not oppose warning signs and gates. He stated the proposal is to .only .use these .devices when ,the stoppage will be more than two (2.5) and one-half hours. He suggested that if VDOT does install additional signs, .these signs should include a clock that states the anticipated opening. He .recommended having both the signs and the radio station that tells a motorist to turn to a particular frequency for information. Herb DeGroft of Mill Swamp Road spoke in favor of signs stating for information tune to a particular frequency, however, it is equally important that the bridge operator have. the ability to update this information frequently. He recommended turn arounds for utilization by emergency vehicles. Peter Munsell of Carrollton spoke in favor of turn arounds on the bridge because of his past experiences of being stuck on the bridge during incidences. He also spoke in favor of signage to be placed past the Carisbrooke Subdivision and an updated informational frequency on the radio: Grace Keen spoke in favor of turn arounds. on the bridge because once an accident happens motorists need a place on the bridge to turn around. She also noted that wreckers and ambulances would have easier access to wreck sites. She stated. she is not opposed to the. signs or the gates, but she would like to also have turn arounds. 10 1 1 D .. 1 Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board direct staff to include the proposal on the Board's agenda for December 6, 200.1. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradby called for a public. hearing. on the .following: An Ordinance to Amend Chapter 12, Section 12-1 of the Isle of Wight' County Code to Increase Fees for Bad Checks Chairman Bradby called for .persons to speak in favor of or in .opposition to the proposed Ordinance. Grace Keen. spoke in favor:. She stated she wrote staff. to advise that the .County was not charging what it could for bad checks written to the Treasurer. Chairman Bradby closed the public hearing and called for comments by the Board. Supervisor Bradshaw moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12-1 OF THE ISLE OF WIGHT COUNTY CODE TO INCREASE FEES FOR BAD CHECKS WHEREAS, the- General Assembly provided in Acts. thereof, 1973., Chapter _103, and embodied in Section 15.1-29.4 of the Code of Virginia. that anylocality may by Ordinance provide for a fee not exceeding Ten Dollars. ($10.00) for'the uttering, publishing or passing. a check or draft for payment of taxes or any other sums due the locality which is subsequently returned for insufficient funds; and WHEREAS, the County of Isle of Wight by Ordinance adopted February 6, 1975, and embodied in Chapter 12, Section 12-1 ofthe Isle of Wight County Code provided for-such a fee; and WHEREAS, by subsequent amendments to the Section 15.1-29:4, now Section 15.2-106 of the Code of Virginia, the fee has been increased from Ten Dollars. ($10.00) to Twenty-Five Dollars ($25:00). NOW, THEREFORE, be it and it is hereby ordained by the-.Board of Supervisors that Section 12-1 of Chapter 12 of the Isle of Wight County Code be amended to read as follows: 11 eooK 2~ ~.~.: ~~0 Sec: 12-1: Bad checks -Fee for writing to County. Any person who utters, publishes or passes any check or draft for the ..payment of taxes or any other sums due the County which is . subsequently returned ..for insufficient funds or because there is no account or the account has been closed, .shall pay a fee to the County in the amount of Twenty-Five Dollars ($25.00). 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). y Chairman Bradby called for the County Administrator's report. Debbie J. Sivertson, Administrative Analyst, requested the Board's approval to begin the grant process to acquire the funds to purchase Lot 6 and preserve the Colonel Josiah. Parker family cemetery and turn it into a Memorial Park. Supervisor MacManus moved the Board applyfor $50,000 from DHR and $50,000 from TEA-21 grant funds. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor I! of the motion (5-0}and no Supervisors voting against the motion. County Administrator Caskey presented an Amendment to the Agreement between the County and the Virginia Department of Health for the Board's consideration. Supervisor MacManus moved the Board adopt the Fourth Amendment to the Agreement between the County and the Virginia Department of Health. 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 advised the Board that Charter's Regional Manager is scheduled to address the Board at its December 6, 200T meeting regarding. cable operations in the County. He advised that Charter would be scheduling community meetings with its local customers over the next several weeks which will be publicized in the media and the County's website. 1 1 i~ 12 1 County Administrator Caskey notified the Board of the .upcoming State holiday schedule for Thanksgiving, Christmas and New Years. County Administrator Caskey notif ed the Board that the State. of the County Breakfast sponsored by the Chamber, of Commerce is set for November 30, 200.1. at 8:00 a.m. at the Smithfield Baptist Church. He requested any interested Board member to advise his office if they plan to . attend. County Administrator Caskey noted that he has advised Larry Land with VACo that the County desires. to participate irr .the fiscal impact analysis process for pending legislation. // Chairman Bradby called for the County Attorney's report. County Attorney Crook .presented a Deed of Trust. to ,secure proffers for the Scott property which he recommends the Board approve and authorize the Chairman to sign it. Supervisor Bradshaw moved the Board approve the Deed and authorize the Chairman to sign 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. 1 County Attorney Crook presented an agreement with BFI Waste Collection for the Board's consideration.. He stated the waste collection agreement franchise was assigned from Moody to BFI of North America. Supervisor Claud moved the Board approve the Assignment of BFI Waste Collection to BFI of North America. 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 Memorandum of Agreement for Evergreen Acres for the.Board's consideration. He suggested James Brown with the Main Street Baptist Church brief the Board on .the status of the project. James Brown stated the Main Street Baptist Church has received a grant to build 44 affordable homes. Noting it would be a more appropriate time for a formal presentation, he invited Board members to attend the Main Street Baptist Church meeting on Tuesday, November 27, 2001 to receive such a presentation on Phase I of the project for affordable homes. 13 Brian Hicks, Executive Director, Arrow Affordable Housing, noted the Memorandum of Agreement is the follow through of what is required by the ..regulations for Evergreen Acres to draw funds approved by the Board of Supervisors on January 18, 2001. // Chairman Bradby called for Old Business. Administrative Fee Study for the Department of Planning and Zoning Anne- F. Seward, Director of Budget and Finance, stated the Board previously requested staff to perform a cost analysis of the various fees charged by .the Department of Planning and Zoning and report back to the :Board with recommended rates to enhance the recoupment of the costs for that Department. Supervisor. Claud moved that staff send the following suggested changes by Board members tonight out to the Board members. so they will have an opportunity to evaluate them prior to the December 6, 2001 meeting and that this item be placed on the December 6, 2001 agenda: Rezoning - Residential2 or more lots: $50 per lot Residential Subdivision Plats Residential 1-91ots and Residential 10 and more lots: $25 per lot Site Plan Conceptual Preliminary and Simplified: $300 Land Disturbing Permit: $25 per acres with minimum of $100 Surety Administration: $250 for new and $1,000 for renewal Borrow Pit Fee: $100 per acre Boundary Line Adjustment: $150 Chesapeake Bay Waiver: $1,000 Variance for Board of Zoning. Appeals: $1 ?5 Administration for Board of Zoning Appeals: $175 Supervisor MacManus requested that staff include a new column listing the DMG recommendations from the 1989 study. Supervisor Bradshaw moved that the Board direct the Director of Budget and Finance to provide the Board the cost impact for these changes. 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. U 1 14 i~ 1 ao~r. ~ 2fl " . 5 ~3 Supervisor MacManus noted that the School Board's Finance Director is back at work and he requested the Board set a convenient. date and time to meet with the School Board. The Board concurred to meet .with the School Board on December 20, 2001 at 4:00 p.m. prior to the Board's regular evening meeting. County Attorney Crook noted he would have a further report on .the election of School .Board members for the Board at its December 6, 2001 meeting. Regarding the assessment of communication towers in the County,. Supervisor Clark moved the Board direct .the County Administrator to request the Commissioner of Revenue be in attendance at the December 6, 2001 regular meeting. to explain. how the. towers and base equipment are being assessed. 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. Regarding the Benns Church intersection, Supervisor MacManus moved the Board direct staff to request from VDOT accident data for the Berms Church intersection. The motion was .adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus moved the Board direct staff to send a letter encouraging the YMCA to build a pool at 25 meters in size verses 25 yards , so that the pool: wi1T be more effective for potential school utilization in the future. The motion was adopted (4-0) with Supervisors MacManus; Bradby, Clark and Claud voting in favor of the motion; no.Supervisors voting.against the motion; and, Supervisor Bradshaw abstaining from voting. County Administrator Caskey announced that Patrick. J. Small. has completed the International Certification Program, of which only 30 individuals in the State have achieved this certification and of which only 15 are in the public sector. Supervisor Bradshaw moved the Board direct :that the Zuni flood. property use issue be forwarded to the Parks and Recreation Advisory Committee for their recommendation. as to what should be done with it after demolition. 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 and the County Attorney research the Oscan Parker property in Zuni for possible acquisition. by the County. due to non-payment of taxes and non-maintenance of the property. The motion was adopted with Supervisors MacManus, Bradby, 15 800 ~~~ ~~.. :3-:k4 Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for Appointments. Supervisor MacManus moved the Board appoint Robert Hines to fill the .unexpired term of Pam Camp representing the Smithfield District on the Parks and Recreation Advisory Committee. .The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board appoint JoAnne Gordon to the Social Services Board. The motion was adopted unanimously (5-0). .Supervisor MacManus moved the Board recommend that Gayle B. Brown be reappointed. by the Judge to the Board of Zoning. Appeals. The motion was adopted unanimously (5-0). // County Administrator Caskey requested a closed session under Section 2.2-3711 Al of the Freedom of Information Act. for a personnel matter. Mr. Small requested a closed session under section 2.2-3711 AS of the Freedom of Information Act concerning two (2) matters dealing with prospective business where a previous announcement has not been made. Supervisor MacManus requested a closed session under Section 2.2- 3711 A7 concerning pending litigation and under Section 2.2-3711 Al concerning a personnel matter. Supervisor Clark 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 Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in .accordance with the provisions of the Virginia Freedom of Information Act; and, n U ~I 16 - f 900K ~il ,rti, ,' WHEREAS, 2.2-3712D 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 heazd, discussed or considered by the Boazd of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clazk 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. // At 9:50- p.m., Supervisor Bradshaw moved the Board continue its meeting until December 6, 2001 at 12:00 p.m. to discuss Board direction to the Planning Commission on Zoning and Subdivision Ordinances. The' motion was adopted. unanimously (5-0). uP~ry H. Bradby, Chairman