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12-20-2001 Regular Meeting1 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD. OF SUPERVISORS HELD THE TWENTIETH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND ONE PRESENT: Henry H. Bradby, Chairman. Robert C. Claud, Sr., Vice-Chairman i Stan D. Clark.. ~I Richard K. MacManus Phillip A. Bradshaw i 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 called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Clark. The Pledge of Allegiance was conducted.. '~ // '~ Chairman Bradby requested Vice-Chairman Claud to preside. Vice-Chairman Claud called for Special Presentations. Vice-Chairman Claud read a Resolution. to Recognize. Individuals that Assisted the Sheriff's Office and requested that the Sheriff receive the resolution and. distribute it appropriately. ' Supervisor MacManus moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE INDIVIDUALS THAT ASSISTED THE SHERIFF'S OFFICE WHEREAS, the Sheriff of the County of Isle of Wight participated in amulti-jurisdictional manhunt in an effort to apprehend several suspected criminals; and, WHEREAS, through. the cooperative efforts of professional and volunteer public safety personnel and several .individuals, the suspects were successfully apprehended in a timely manner; and, " WHEREAS, the Board of Supervisors of the .County of Isle of Wight desire to recognize the following agencies/individuals for their efforts: 1 eo~~ 2tl ., ::570 The Honorable Sheriff Vernie Frances, Southampton County The Honorable Sheriff Harold Brown, Surry County The Honorable Sheriff Stuart Kitchen, Sussex County Chief A. M. Jacocks, Virginia Beach Police .Department Sgt. Phil Wrenn, Virginia State Police Willie B. Copeland, Windsor Volunteer Fire Department Vin Pulley, Isle of Wight Volunteer Rescue Squad Brian Carroll, Isle of Wight Volunteer Rescue Squad Dendron Volunteer Fire Department Anne Edwards Sandy .Edwards Nathan Edwards Susan Gwaltney Ruffin Savage, Jr. Ruffin Savage, III Russell Savage, Jr. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board. of Supervisors recognizes and appreciates the efforts of the aforementioned agencies/individuals in apprehending.. several suspected criminals. 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. Elsie Dennis with the Surry Area Free Clinic stated the Clinic's mission is to provide .health care services free to individuals with limited resources. She thanked the Board for its support in the past and requested that funding be included in next year's budget, as well as future years, so that the clinic can expand and intensify its services. Chairman Bradby encouraged the Board's Finance Committee to favorably consider Ms. Dennis' request for funding in next year's budget. Dr. Longford stated the clinic provides a worthwhile service for many individuals and urged the Board to consider the funding request. it Vice-Chairman .Claud indicated the following Consent Agenda included Items 2, A through L, and asked if there were any items for removal: A. FY2001-02 Audit Report 1 1 1 2 f. 1 1 1 f p~~,~ 2~l .~:~ 571 B. Resolution to Accept and Appropriate $500 from the Virginia Sheriffs' Association for .Overtime Funds for the Sheriff s Office C. Resolution to Accept and Appropriate $1,185 from the Town of .Smithfield for the TRIAD- Grant Program D. Resolution to Accept and Appropriate $5,582 from the::Virginia Circuit Court.Records Preservation Program E. Resolution to Accept and Appropriate $126,886 from the Commonwealth of Virginia Department of Emergency ..Management F. 1997A General Obligation Water and Sewer Bonds - $14,250,000 Issue G. Application for Historic Preservation Grant Funds for the .Josiah Parker Cemetery Project H. Joint Meeting of the Planning Commission and Board of Supervisors I. Actions of the Isle of Wight County Planning Commission Meeting of December 11, 2001 J. Delinquent Real Estate Tax Collection Monthly Report K. November 15, 2001 Continued Meeting Minutes L. November 15, 2001 Regular Meeting Minutes Supervisor Bradshaw asked that a "presentation date" be included in future contracts for audit services. Supervisor MacManus moved the Board adopt all items of the Consent Agenda. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of. the motion (5-0). and no Supervisors voting against the motion. - N Vice-Chairman Claud called for Transportation Matters.:.. Jay Randolph, Planner, referred to the Current Road .and: Highway Project report .contained in the agenda and noted that the VDOT Resident Engineer was present to respond to questions. 3 9O~K 2U ~;;;,~~72 Supervisor Bradshaw moved the Board add a list. consisting of a status report and VDOT contact name. of the unpaved roads in the Six-Year Plan... The motion was adopted with Supervisors Bradshaw, MacManus, Bradby, Clark .and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw inquired about the Broadwater Road (Route .620) project. Mr. Neblett stated the project, which consists of widening the existing road and improvements to the drainage, is being improved to handle traffic, which is primarily truck traffic. Supervisor Clark requested that #S, drainage on Route 17, be addressed by VDOT and that VDOT make contact with Richard Cassell, a resident of King's Cove Way. Following Mr. Neblett advising that the sight,distance along Route 17 and King's Cove Way had been addressed, Supervisor Clark requested that .this item be removed from the list. Supervisor Claud requested the status of Muddy Cross Road. Mr. Neblett advised that VDOT is seeking help from one (1) of the property owners regarding acquisition ofright-of--way. Supervisor Claud requested staff place the issue of a railroad crossing on .South Court Street (Route. 610) in Windsor on the agenda for the next quarterly meeting with VDOT. Supervisor Claud requested the status of the centerlines on secondary roads. Mr. Neblett advised that VDOT is currently reviewing the paving width requirement. Supervisor Claud requested staff to .place Blue Ridge Trail on the list. Mr. Neblett advised that VDOT is conducting a review to determine if there is a need for any additional right-of-way. He noted he is trying to fund with pave in place funds. Supervisor Bradshaw requested the status of Pruden Road: Mr. Neblett advised that he has spoken with the property owner who is agreeable to leaving the storm water management ponds adjacent to the existing right-of--way. He advised that the matter still needs to be resolved 1 1 D 4 1 it _ } ~~~~ 20 r~:~-5`73 with. the property owner concerning the construction maintenance easement and a resolution is expected after the first of the year. Supervisor Bradshaw stated he had requested Verizon show proof of easement on Dukes Lane because it is wanting to charge the County for moving their line.. He advised that Mr. Randolph .would contact. the County Attorney if assistance is needed in this regard. Supervisor MacManus inquired about the possibility of making the intersection more safe at Smith's Neck Road. Mr. Neblett stated staff has been in contact with .the developer and contractor who .have performed some patchwork, but he would contact them again to request additional repairs. He stated they know that anything they disturb on .State highways are their responsibility to repair. Mr. Neblett advised that the paving schedule for the County for FY2002 would begin April 1, 2002 and run through November 1,.2002. Supervisor Bradshaw inquired about his previous request that VDOT z provide. the last two (2) construction budgets to show. the budget comparison with actual expenditures for those two (2) years. Mr. Neblett advised that Mr. Rogers is currently working on Supervisor Bradshaw's request. Mr. Hartley noted receipt of a letter from the VDOT Resident Engineer dated December 4, 2001 in response. to a speed. study request for Stevens Drive (Route 619). Carolyn Bailey of Whispering Pines Trail requested the status of Whispering Pines Trail being added to the Six-Year Plan. She stated she understands that it is not scheduled until 200? with a completion date of 2009,. however, Blue Ridge. Trail is a dead-end road and is scheduled prior to Whispering Piries Trail. She stated because the homes along Whispering Pines Trail have. increased this .road -might need to be reviewed and updated on the construction plan. Vice-Chairman Claud explained that there is a list of unpaved roads that are followed in sequence, however, if something dramatic happened. on a particular. road,. VDOT would bring this to the County's attention to be addressed. { Ms. Bailey stated .her home was completed in 1995 and she. was told prior to that that Whispering Pines Trail was already on the Six-Year Plan.. Supervisor Bradshaw stated Whispering Pines Trail has never been on the Six-Year Plan since he has been on the Board. He stated in his years on 5 90^~ ~~~ ~r:rJ~4 the Board only one (1) road, Raynor Road, has been paved in the County. He stated the Board developed a Candidate List of unpaved roads in the County and as funding becomes available, roads are moved up on the list. Supervisor Clark moved .the Board direct staff to investigate where Whispering Pines Trail was on the Six-Year Plan ten (10) years ago and how the order of roads on the Plan may have changed. Staff is to review the Candidate List over the last fifteen (15) years. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // ~. 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). Chairman Bradby left the meeting and did not return. Supervisor Bradshaw moved that Item (A) A Resolution Authorizing the Issuance by the Industrial Development Authority of the County of Isle of Wight of A $7,000,000 Recreational Facilities .Revenue Bond for the Young Men's Christian Association of South Hampton Roads be moved from Public Hearings and placed. under New Business. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting. in favor of the motion (4-0) and no Supervisors voting against the motion. Vice-Chairman Claud called for a public hearing on the following: B. Resolution Approving the Isle of Wight County 2002-200? Secondary Six Year. Improvement Priority Plan and Fiscal Year 2002-2003 Secondary Construction Budget. Mr. Hartley distributed copies of the Candidate List and correspondence from the Town of Windsor dated December 19, 2001 requesting. consideration of certain roads o be added to the Six-Year Plan. Supervisor Claud recommended staff first. meet with the Town of Windsor to devise some methods with further information from VDOT before. the Board proceeds with including the Town's request in the. Plan. Vice-Chairman Claud called for persons to speak in favor of or in opposition to the Resolution. Carolyn Bailey stated she opposes the Six-Year Plan as proposed and feels that Whispering Pines Trail should be moved closer to the top of the list. Cl J 6 n 1 1 o!Jrr. ~iJ ~:. •J7f:~ Vice-Chairman Claud closed the public .hearing and called for comments from the Board. .Supervisor Bradshaw inquired if Mr. Neblett feels that priority #S, Duck Town Road, needs to go through the paving process as scheduled at this time. Supervisor -Claud stated he did not believe it was appropriate at this time for the Board to deviate from the process it has .been following for-the last six (6) years. Supervisor Bradshaw explained that 90% of the owners of the property are not willing to donate the necessary right-of--way. Mr. Neblett stated his files contain a letter from a resident on Duck Town Road who had gotten the necessary signatures .from the property owners with the exception of .one (1) that were in favor of the road being improved. Supervisor Bradshaw stated that he understands the precedent the. Board would be setting, however, he believes there. is a legitimate reason to move Duck Town Road from the list: He recommended staff and VDOT review Duck Town Road and come back with a recommendation.. In the meantime, citizens onthis road are to be advised that the County is doing this, he stated. Supervisor MacManus moved the Board adopt the following resolution: RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY 2002-2007 SECONDARY SIX YEAR IMPROVEMENT PRIORITY PLAN AND FISCAL YEAR 2002-2003 SECONDARY CONSTRUCTION .BUDGET WHEREAS, the Isle of Wight County Board. of Supervisors and the Virginia Department of Transportation held a ublic hearin on Dece b 1 p g m er 20, 2001, to solicit citizen's comments and recommendations concerning the Isle- of Wight County 2002:-2007 Secondary Six-Year Priority Plan And Fisca12002-2003 Secondary Construction Budget; .and, WHEREAS, comments and recommendations have been received during the public hearing on this matter, and such have been considered and incorporated as appropriate in the 2002-2007 Secondary Six-Year Priority Plan And Fiscal 2002-2003 Secondary Construction Budget: NOW,. THEREFORE BE IT RESOLVED ..that the Isle of .Wight County Board of Supervisors .does hereby accept and approve the Tsle of 7 r Wight County 2002-2007 Secondary Six-Year Priority Plan And Fiscal 20Q2-2003 Secondary Construction Budget. BE I'I' FURTHER RESOLVED that ,the County Administrator is hereby authorized to do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Vice-Chairman Claud called for a public hearing on the following: C. An Ordinance to Amend Chapter 14, Sewers and Sewage Disposal, ARicle II, .Annual, Sewer Rentals, Section 14-10, Amounts Generally, to Increase User Fee for Single and Multi- -Family Residences and Add Sewer Treatment Charge E. Wayne Rountree, P.E., Director of Public Utilities, explained that the proposed ordinance deals with two (2) increases. in the County's sewer rates. He noted the current monthly residential sewer rate is $12 and the proposed ordinance increases that rate to $13. He stated there is also a new sewage treatment charge in .the amount of $3 per month plus $1 per thousand .gallons for all usage over three thousand gallons per .month that would apply to the Camptown Development Service District sewer customers to cover the cost of treatment that the City of Franklin charges the County. He stated effective January 1, 2003, this rate would be increased to $6 per month plus $2 per thousand for all usage over three thousand gallons per month. Vice-Chairman Claud called for persons to speak in favor of or in opposition to the proposed ordinance. Vice-Chairman Claud closed the public .hearing and called for comments from the Board. Supervisor Bradshaw. asked Mr. Rountree if the City of Franklin is charging the County double for sewer capacity the .amount of water the County receives from. them. Mr. Rountree stated the sewer charge from the City of Franklin is based on a sewer meter that is installed at their sewage treatment plant which indicates that the County is dumping -into that system approximately 175,000 gallons per day and that the County is taking from the City of Franklin each day approximately 80,000 gallons of water, which does indicate a discrepancy. Supervisor Bradshaw requested a cost per customer comparison between other localities for operating the system be provided by staff He 1 1 8 1 90^~ 2T) .~ : 57? stated also unresolved is the usage .calculations with International Paper and that until these. issues are resolved, he would not recommend voting on these rate.increases. Supervisor MacManus pointed out that while the discrepancy with the City of Franklin needs to be addressed and renegotiations with International Paperhave to be conducted, increasing the rates at this time would only be a positive move. to increase revenues for the County to offset the costs being .incurred by the County for providing sewage disposal. Supervisor MacManus moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE DISPOSAL, ARTICLE II, ANNUAL, .SEWER RENTALS, SECTION 14-10, AMOUNTS GENERALLY, TO INCREASE USER FEE FOR SINGLE AND MULTI-FAMILY RESIDENCES AND ADD SEWER TREATMENT CHARGE 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 provided for user fees in .Section 14-10, paragraphs (a) for single and multi-family , residences in the amount of $24.00 per unit; and, WHEREAS, the Board of Supervisors has found that the bi-monthly user fee for the single and multi-family residences should be increased to $26.00 per unit;. and WHEREAS, said Ordinance provided for one-half fees for buildings or dwelling units connected directly to the HRSD system for sewage treatment; and WHEREAS, there are sewage treatment services being provided by the .County other than HRSD and that the County should charge a sewer treatment fee in such cases. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY. ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 14, Sewers and Sewage Disposal, Article II, Annual Sewer Rentals, Section 14-10, Amounts Generally, be .amended to read as follows: Sec. 14-10. Amounts generally Sewer use or rental charge shall be determined on,the following basis: 9 90~! 2~~ -~.:~578 (a) Except as other-wise provided in this chapter, sewer .rentals for domestic, public, commercial, industrial and other disposal :"wastes discharged into the sewerage system from any improved property shall be based. upon the following rate schedule: (1) Single and Multi-Family Residences -Effective July 1, 2002, the T#e bi-monthly user fee shall be ~4-8A $26.00 per unit; (2).. Hotels and Motels -Thee bi-monthly user fee shall be a minimum of $24 per unit or $2.50. per thousand gallons or fraction thereof, whichever is greater; (3) ..Restaurants -The bi-monthly user fee shall be a minimum of $50 or $2.50 per thousand gallons or fraction ,thereof, whichever is greater; (4) Shopping Centers -The bi-monthly user fee shall be a minimum of $50 per unit or $2.50 per thousand ,gallons or fraction. thereof, whichever is greater, (5) Industrial Facility -The bi-monthly user fee shall be a minimum. of $50 or $2.50 per thousand gallons or fraction thereof, whichever is greater; (6) Unusual Cases - For any sewer connection that is considered an unusual case by the County, (i.e. not included in I- V) the. bi-monthly charge shall be determined by the County after considering the circumstances of said application; (b) Any premises, building or dwelling unit connected directly to the HRSD system shall pay to the County a sewer use or rental charge equal to one-half that provided for in the preceding paragraph (a)• . (c) Any premises, building or dwelling unit, other than those connected directly or indirectly to the HRSD system, shall pay to -the County a monthly sewer treatment charge of $3.00 plus $1..00 per 1,000 gallons of water used in excess of 3,000 gallons effective on all .bills rendered after January 1, 2002, and $6.00 plus $2.00 per .1,000 :gallons of water. used in excess of 3,000 gallons effective on all bills rendered after. January 1, 2003. The motion was adopted with Supervisors MacManus; Clark and Claud voting in favor of the motion and Supervisor Bradshaw voting against the motion (3-1). .. 1 n 1 10 80~K 21~ ~~; 5~J Supervisor MacManus suggested that if discussions are not successful with the City of Franklin, the County could install its own meter on the County's side to ensure that it is not paying an inflated cost to the City of Franklin. 1 1 1 Supervisor Claud advised that another meeting .with the City of Franklin is scheduled for February of 2002. and if nothin ositive results gP from this meeting then the Board may wish to look at alternatives at that time. Vice-Chairman Claud advised that the following .public hearing was advertised incorrectly with three-quarter inch .meters and he would recommend that the .Ordinance be readvertised for the second meeting in January of 2002. D. An Ordinance to Amend Chapter 16.1, Water, Article II,.Meters, Division 2, Rates, Table 16.1.9, to Increase Metered Rates for More than 12,000 Gallons Usage. Supervisor Bradshaw moved the Board readvertise the ordinance for the Board's January 17, 2002 meeting. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Vice-Chairman Claud called for a public hearing on the following: E. The application of David L. Patterson,. owner and Clarence L. Gum, .prospective owner for. a change in zoning classification from RAC to .Conditional Rural Residential, 5.014 acres of land located on the. south side of Muddy Cross Road (Route 620) between Turner Drive (Route 644) and Apache Trail in Newport Magisterial District. The purpose of the application is for one single-family residential lot, as conditioned. Vice-Chairman Claud .called for persons to speak in favor of or in opposition to the proposed application. Clarence L. Gum, prospective owner, requested the Board approve the application. He noted -the current .owner is offering a $5,000 proffer upon closing of the sale. David L. Patterson, owner, stated he offered a $5,000 proffer. He stated. the reason for rezoning is to clear up a mistake made by a lawyer and the previous owner of the property... Gene Barlow of Muddy Cross Road stated he was in favor of the rezoning. { { 11 ~o~~ 2~1.~-:~S:~O Vice-Chairman Claud closed .the .public hearing and called for comments from thel3oard. Supervisor Clark inquired if the lot could be further subdivided. Mr. Hartley advised that the lot could be further subdivided under the family transfer exception. Supervisor Clark inquired if Mr. Gum anticipated any further transfers of the land. . Mr. Gum responded "no." Supervisor .Clark stated that while the Board can not require it the applicant could volunteer no further subdividing even under a family member transfer. County Attorney Crook advised that if the Board wanted. additional proffers the application would have to be readvertised with the new written proffers submitted prior to the public hearing as required by statute. Mr. Gum explained that he has been going through the process for the last four (4) months and has already sold his home. Supervisor Clark requested that staff ask future applicants to voluntarily proffer no family member transfers before the matter reaches the Board. He requested that staff advise applicants of the Board's position on family member transfers and that this be addressed before and during the Planning Commission meetings. Supervisor MacManus moved the Board approve the application of David L. Patterson. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Vice-Chairman Claud called for a public hearing on the following: F. -The request of Eagle Harbor LLC for an' amendment to the approved Access Management Plan for the Eagle Harbor Development to allow an additional entrance (only into Tract 9) off of Carrollton. Boulevard (Route 17) in Newport .Magisterial District. Vice-Chairman Claud called for persons to speak in .favor of or in opposition to the application. A. Kent Little of Virginia Beach, President of the Breeden Company, briefed the Board on a proposal to build an upscale 77,000 . square feet 12 -~ - 1 n eooK 2U ~ ~ 58~. 1 1 shopping center .consisting of a Food Lion and various other merchant shops, restaurants and offices. He stated the design criteria are being reconciled with the architectural guidelines of the County. He stated he is seeking approval for an additional entrance off of Route 17 into. the property consisting of a right-in on with no ability to exit out onto Route 17 to enhance the traffic movement around the property and help unload traffic on Route 17. He stated with the County's indulgence, Breeden Company intends to be a good corporate .citizen by helping bring business into the County. He stated he anticipates the shopping center to employ approximately 500 people and provide substantial tax revenues to the County. Supervisor Clark stated he is more concerned with what the area will look like from Route 17 than the appearance of the interior shopping center located inside because it will be blocked by out-parcel buildings. Mr. Little stated there are verysignificantlfmitations on building sizes and heights of the out-parcels along the front and that. he believes the shopping center will be the predominant .view from Route 17. He stated there is a significant amount of green and open space areas between the buildings that will occur on the out-parcels. Supervisor Clark asked what is intended for the open- spaces. Mr. Little stated landscaping significantly beyond the County's. requirements. Supervisor Clark ,asked what motorists would see when driving down Route 17. Mr. Little stated motorists would see very nice landscaping that is in conformity with the County's ordinance. He noted that County staff has the right of review of any landscaping plan submitted with the site plan. Supervisor. Clark inquired if the site .would contain view-blocking, trees and shrubbery so .that motorists traveling Route 17 would not see the ~ ~- buildings. Mr. Little stated typically low-elevation shrubs are planted along the front creating a boarder area with planting beds that are changed seasonally. He stated there will be tree cover, as requested, which will add a softness to the architecture. He reiterated that a formal landscaping plan .will be filed with the Department of Planning and Zoning and it is his intention to substantially exceed the County's requirements in this regard. Supervisor Claud asked if the proposed.. right-in entrance would serve parcels five (5) and six (6). 13 80~K ~~ •,~;;r~~2 Mr. Little replied that both parcels five (5) and six (6) would be served by the right-in entrance. Dennis Grillo, Architect, statedthe shopping center design is based on the architectural heritage of a small town main street and would be an asset to the community. He stated the shopping center gives the appearance of a two (2) story structure consisting of false windows, awnings and period lights. He stated. a variety of brick textures and colors will be used for the .retail shops to provide an overall feel of an environment that will be attractive to consumers and sensitive to the guidelines established in the Highway Corridor Overlay District. Dean Vincent with Kimley-Horne 8~ Associates addressed the proposal for an additional entranceway. He stated the objectives of the plan are to minimize the openings onto Route 17 and identify at least a minimum of one (1) access .point of right-in between the breaks while focusing on the improvements to Smith Neck Road .and encouraging cross access between parcels. He stated this would takes traffic off the through roads andplace it in the development itself. He stated the proposed right-in would be .shared by both out-parcels five (5) .and six (6) and VDOT has concurred with the proposal as requested. He stated the number of right-turn movements will be reduced because they are occurring before reaching the intersection. He requested the Board's approval of the request to amend the Access Management Plan. Supervisor .Clark asked if the reason for the additional access is more because motorists will not pull into a gas .station if they have to make two(2) right turns to enter rather than for safety reasons. Mr. Vincent stated without it, access into the parcel is difficult which may cause confusion with motorists .and which he -wants to get into the shopping center and off of t~oute 17. Supervisor Bradshaw stated that during the Planning Commission meeting Mr. Little stated that if this access plan is not approved the site. would not be successful. Mr. Little stated: he thinks the site will be successful in any regard, however, the value of the property is improved with this access and traffic will be alleviated from the intersection. He stated he believes the access is an overall enhancement. of the property and will make it more successful Supervisor Clark stated he believes the reason the change is being requested is to accommodate a gas station.. Supervisor Bradshaw inquired if the developers are behind schedule on the development. 1 C 14 eoeK 2t~ .h-:~-583 Mr. Vincent advised that the development is behind scheddle due to a longer than anticipated permitting process. 1 1 1 Supervisor. MacManus inquired. if there was any requirement for the developers to come back to the County if they fully comply with what is contained in the County's Zoning Ordinance for the design, construction of a gas station, bank. and doctor's office, or the signage associated with those structures. Mr. Hartley advised that the developer would not be required to come back to the County for approval- if they complied with the County's Zoning Ordinance. Supervisor MacManus stated his concern is that the out-parcels would not live up to the same architecture and .design of the shopping center and, therefore, .would not be compatible -and an eyesore.. He stated there is nothing to ensure that the our-parcels are compatible unless the develo}~~r grants the right of review to the County. County Attorney Crook advised that the County does have architectural review control because the parcel "is located in the Highway " Corridor Overlay District and the Board can condition.. its approval, as recommended by the Planning :Commission, subject to 'the Administrator's. approval for landscaping. Supervisor MacManus stated that the Board may want the. Planning Commission or others to review to ensure that the landscaping is .compatible. He stated the County's current Zoning .Ordinance is weak as it relates to signage, architectural design and landscaping and he would also like to ensure: that the developers would take appropriate action to address the current repairs to Smith Neck Road so that any damage occurring would. be alleviated in the short-term. Mr. Vincent stated. improvements for Smith Neck Road have already. been addressed which go .beyond the sequencing with the Access Management Plan. He stated those .plans will be submitted .with. the. shopping sign and improvements would be made from the `intersection- of Smith Neck Road and Route 17. He stated by a June timeframe he would like. to be in the process of having permits with the County and VDOT and have these projects under construction.. Supervisor MacManus inquired if the developer would be willing to allow the Planning Commission to review to ensure that it meets the perspective that the Board wants for that community, than i$ reflective of the shopping center, than there is adequate landscaping and. that the designs and signage are appropriate .for that intersection and road. frontage. Mr. Little replied "yes." 15 an~~ t"..:! •''~"x...104 Supervisor Clark stated he would like to see the out-parcels look more like the shopping center itself. Mr. Little stated the out-parcels have not been sold or contracted yet and he does not know what will be located on the out-parcels at this time. Supervisor MacManus stated this is exactly why he wanted the developer to offer the Planning Commission the ability to approve the designs. He stressed that the County. wants something. above the current Zoning Ordinance requirements. ..Charles Mitchell of Whispering Pines Trail. stated it appears that the proposed turn lane is-going to improve the flow.to a business, whether it is a gas station or not, therefor, making it safer for traffic. Harry Cassell of Kings Cove Way stated the current turn lanes are not long enough for school buses, causing traffic to become blocked waiting for them to turn. He noted an additional turn lane will only make this situation worse. He stated the RacTrack does not .currently meet the EPA regulations and a new gas station would not either. Pat Clark of Twin Hill Lane stated in 1999 the developers requested one (1) entrance off of Route 17 going. into the project. He stated, if approved, in .less than a 1,000 feet area there- would be four (4) entrances into the project on the. old tract nine (9). He stated he originally opposed this because it changed the nature of the County in such a degree that. it .would look like York County and with four (4) turn lanes it would definitely look like York County. He stated the citizens have stated all along that they want. to keep the entrance into the County on Route 17 looking rural and if there is going to be development then it should be hid beyond the overlay to where it still looks rural going down Route 17. .Peter Munsell of Carrollton stated the location of the proposed shopping center is the gateway to the County as a motorist leaves the City of Newport News and he would like to keep it rural looking. He stated there are: already a total of five (5} accesses being proposed into the shopping center which is sufficient. Sharon Hart of Carrollton stated the requested right-in will cause additional congestion in this area due to the slowing down of traffic to get into the right lane. She stated she does not feel this will increase safety in the area, but rather will decrease safety because of the number of motorists trying to turn in at that location. She stated most shopping centers have only .two (2) entrances, of which only one (1) is located on the main road. Patrick J. Small, Director of Economic Development, stated he previously wrote a memorandum to the. Planning Commission expressing his 1 D ., 1 16 90~~ ~f~ ~~ : ~S~Jt) 1 1 1 opposition to the single out-parcel which already contains three. (3) access points.. He noted a fourth access point .will only further decrease the visual appeal of this important entranceway into the County. Thomas Finderson of Newport District stated the traffic at 4:00 p.m. .backs up in both lanes as far as can. be seen. and an additional entrance will. only .present an increased hazard on an already heavily traveled road. He stated there are eighty-seven (87) acres of commercial property and the developer could move some of the. businesses in that eighty-seven. (87) acres and get along with only one (1) entrance. Supervisor Claud stated he agreed with the architectural-design and landscaping requirements discussed by Supervisor MacManus because they will have a dramatic impact on the appearance of the whole area. He stated the property is zoned commercial, which will generate traffic, and he has a difficult time finding a reason why he should oppose-the entrance when the traffic experts say the .proposed right-in will improve the .traffic at the intersection. Supervisor MacManus stated he was .more concerned with the traffic coming out to Route 17 at the non-lighted intersection. He inquired if the developer knew what kind of traffic flow is anticipated at the non-lighted intersection into Route 17 and .why this is needed when there is a lit intersection approximately 200 feet away. He stated he is interested in what the out traffic is at that intersection without the light and, if there was not an out intersection there, what the impact would be on the two (2) lit ones. He asked if the applicant would consider two (2) right-ins to take traffic off of .Route 17 and not any out traffic. Mr. Vincent stated that this aspect was explored, however, Food Lion requires aright-out at that location. He stated he has information regarding traffic flow in his files and he would provide same to Supervisor MacManus. Mr. Little stated he was not in a position to agree with Supervisor MacManus' suggestion of two (2) right-ins and no out traffic. Supervisor Bradshaw inquired if the Board adopted the same motion that the Planning Commission has adopted, what authority would ahs motion give to the County's Planning Director regarding architectural design of the out-parcel. County Attorney Crook advised that the Planning .Commission's. motion is only a recommendation to: the Board and the .Board can, and should, add any condition that would be reasonable which would emanate from this requested change. Supervisor Bradshaw stated he has a concern with an additional access on Route 17. He stated all he can envision is signal lights-along .Route 17 17 R~r~ 2~l 'r rr~lJ~J and suggested he Board, if it does not. control signal lights, make this a condition. County .Attorney .Crook. advised that VDOT controls Route 17, a primary highway, and goes through many processes. before installing a signal light. He noted VDOT would come back to the Board. before a traffic light is installed. Vice-Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board deny the request. Supervisor MacManus noted that he was interested in receiving additional traffic data and would recommend that the Board table the application until this data is obtained from the developer. Supervisor Claud stated landscaping. and architectural designs are very ..important and if the Board does not trust its own consultant then another consultant .should be hired. He stated the requirements placed by the. Planning Commission, in addition to the recommendation of Supervisor MacManus, all seem reasonable to him. Supervisor Clark withdrew his motion and moved the Board table the request of Eagle Harbor LLC for thirty (30) days for additional information. In the meantime, the Director of Economic Development is to provide his comments. Feedback from the Planning Commission reflecting their thoughts is "to .also be provided. Staff is to contact the applicant for additional traffic information and any thoughts as to the need for two (2) additional turn lanes. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor. of the motion (4-0) and no Supervisors voting against the motion. Mr. Hartley inquired if it would be helpful to the Board. to have Bill .Cashman, the County's traffic consultant, present at the above meeting. Supervisor MacManus noted it would be helpful to the Board if Mr. Cashman was available to explain his recommendation. Vice-Chairman Claud called for a public hearing on the following: G. The request of Eagle Harbor LLC. for an exemption to the Isle of Wight County Zoning Ordinance Highway Corridor District, specifically Section 4207, to allow a minimum setback of thirty- five (35) feet rather than fifty (50) feet as required along Smith's Neck Road (Route 669) for the Eagle Harbor Development in Newport Magisterial District. 1 1 18 ~! 1 Vice-Chairman Claud called for persons to speak in favor of or in opposition to the proposed request. Mr. Little. stated. he is requesting that the County's buffer of 50 feet.. along Smith's Neck Road be amended to reduce the buffer in some places to . 35 feet to further enhance the buffering and allow for a more developable usage. Mr. Vincent advised Supervisor MacManus that the information he requested earlier in the meeting is contained in a memo under figure two (2) forwarded to Mr. Hartley on November 8, 2001. He stated his interpretation of the Zoning Ordinance differs from Mr. Hartley in that he feels the 35-foot setback meets the spirit of the Highway Corridor Overlay ..District. for Smith's Neck Road. He stated extensive research on this issue has been. done on other similar corner parcels in the County with side streets and all were thirty (30) feet. He stated Mr. Hartley's feeling orr this was that if there was a conflict, the more restrictive ordinance requirement. shall govern.. He stated he feels the landsca in in these areas can be enhanced with trees. ~' P g ~ Supervisor Clark requested landscaping should be done that will cover any brick and mortar with tasteful signs such as in Colonial Williamsburg. 1 Supervisor MacManus asked Mr. Vincent if he intended to put berms six (6) to eight (8) feet high so that cars or gas pumps will not be seen from the roadway the entire length of Smith's Neck Road. He further asked if the applicant would be willing to have the landscape reviewed by the Planning. Commission to ensure that there is berming six (6} to eight (8) feet high along the entire length so that cars or gas pumps could not be .seen along the entire roadway. Mr. Little stated that he did. not object to berming as .long as it is consistent with good landscaping design and is proportional. He stated this is a matter that is best discussed with Mr. Hartley and the landscaping consultant as to how it can best be done. Supervisor Bradshaw stated if the Board approves this request it will be setting a precedent .for every case that follows. He stated an ordinary citizen wanting to build a small business would never ask questions and would automatically adhere to the Ordinance. Mr. Vincent stated a thorough investigation was done of similar sites in the County along Route 10 and he does not see where this is being inconsistent with the. ordinance. Supervisor Bradshaw stated Mr. Vincent .has not cited specific sites and he would like to have this information. 19 BONN 2~l ~;::r5rJ0 County Attorney Crook stated there is currently an appeal pending to the Circuit .Court from the Board of Zoning .Appeals on these - setback requirements of the Zoning Ordinance. Mr. Small pointed out that the County's ordinances are currently under review ..and need considerable amounts of revision. He stated the intent behind the Highway Corridor Overlay .District is very important to this community and adherence. to the principles contained in that.document are also very important.. He stated that he endorses Supervisor MacManus' request to have the developer comply in other ways or make .other efforts to enhance the view. ,Pat Clark inquired if the requested setback goes to Reynolds Drive and does it allow for. the four (4) lane road that the traffic study earlier said would be required from the traffic light to Norsworthy Road. Mr. Vincent replied that along the frontage on tract nine (9), right-of- way is being dedicated to accommodate four (4) lanes and, as improvements progress with tracts one (1) and two (2), the preliminary design ,has been done to dedicate that right-of-way. .Sharon Hart of .Carrollton stressed the importance of setbacks as buffers. She stated .these buffers could hide failing businesses during a faltering economy.. She stated she understood Smith's Neck Road may be four lanes in the future and wonders if it would affect the setbacks. Thomas Finderson of Newport District suggested ways in which the developer could locate businesses within the shopping center and not need additional setbacks. He stated the developer is attempting to locate too many commercial businesses in this one (1) area. He stated if the Board grants this exception, the Board would be setting a precedent to grant exceptions to all that request .them. Harry Cassell of Carrollton stated the developer is asking for exceptions, but has not offered to give up anything. He stated the citizens of the County will be forced to look at this project in the future, but the developer will not as he does not live in the County. Peter Munsell of Carrollton recommended that the shopping center be located away from the street with adequate buffers to hide it from view. Vice-Chairman Claud closed the public hearing and called for comments from the Board. Supervisor MacManus asked if the applicant is willing to offer a berm with a minimum height of five (5) feet the entire length with landscaping to be reviewed and approved by the Planning Commission. He further asked if lJ 1 1 20 1 1 1 eo~~K 2T~ ~., ~.~~ the applicant would consider dropping its current legal action against the County with regards to the Board of Zoning Appeals ruling. Mr. Little replied that he would be willing to offer a berm with a minimum of five (5) feet the entire length with landscaping to be reviewed and approved by the Planning Commission. He stated with regard. to the Board of Zoning Appeals. ruling, he is not involved in the legal action against the County. County.Attorney Crook advised that he has reviewed the public notice which is the same as listed in the table of contents in the agenda rather than the staff description. He stated the public notice advertises a 35 foot setback down Smith's Neck Road and does not state 30 feet on the out-parcel and 35 feet on the other parcel so the advertisement is defective and must be advertised again. Mr. Vincent stated the applicant would agree to a 35-foot setback the entire length so that the matter would not have to be readvertised. Supervisor Clark moved the Board table this matter, .Item (G) and take it up with Item (F) at the January 17, 2002 meeting for advice of counsel by the County Attorney and other information in the interim and .staff is to provide information with other sites where the highway corridor has been modified.. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors. voting against the motion. Supervisor Bradshaw moved that the applicant provide in writing to the County Attorney that he has agreed to a 35 foot buffer the entire length.; The motion was adopted with Supervisors MacManus, Bradshaw,_Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. .Supervisor MacManus moved, then withdrew his motion, that staff be directed to contact the other party involved with this real estate. development venture to find out if they- would be willing to drop the legal issue that is currently before the Board of Zoning Appeals if the Board. were to cake positive action with regard to the above. applications. // Vice-Chairman Claud moved the Board take a ten (10) minutes recess. The motion was adopted unanimously (4-0). // Vice-Chairman Claud called for Citizens Comments, 21 ao~r. 2n .~-:-5~p Miles E. Baker thanked the Board and staff for their efforts associated with the restoration of his :flood-damaged home which was damaged by Hurricane Floyd.. .Pat Clark, representing the Commission on Aging, thanked the Board for its support of the Commission over the last year. He reported on TRIAD activities for the year and also thanked the Board for its support of various civic organizations over the past year. // Vice-Chairman Claud called for the Community Development report. Mr. Hartley presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia on Potential Legislation to Define Certain Manufactured Homes as Single Family Dwellings for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION OF THE BOARD OF .SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA ON POTENTIAL LEGISLATION TO DEFINE CERTAIN MANUFACTURED HOMES AS SINGLE FAMILY DWELLINGS WHEREAS, the Isle of Wight County presently contains a large housing -stock consisting of mobile and manufactured housing, comprising. 20% of the total units in the County; and, WHEREAS, the County has encouraged a greater mix of housing .opportunities .over the past decade in order to improve the quality and value of it's residential communities overall; and, .WHEREAS, the Board of Supervisors. has recently adopted a new Comprehensive Plan that recognizes the need for affordable housing and encourages. the continued. use of manufactured home parks and subdivisions to accommodate future needs in the community; and, WHEREAS, Isle of Wight County has joined the ranks of Virginia's High Growth Communities with an annual average growth rate of 1.8%, raising concerns with the ability of the County to afford the capital cost associated with additional growth; and, WHEREAS, County Board of Supervisors has and will continue to support local determination of community standards that are based upon the .desire of it's- residents to maintain and improve the quality of life in the County and Commonwealth. 1 1 1 22 ., NOW THEREFORE BE IT RESOLVED, THE Isle of :Wight County Board of Supervisors opposes .any bill or legislative change that would mandate on local municipalities the definition of manufactured homes .with pitched roofs on a separate lot and with masonry foundations and skirting as single family dwellings. BE IT FURTHER RESOLVED, the Board of Supervisors instructs staff to distribute this resolution to all Hampton Road communities, to all members of the Hampton Roads legislative delegation and further instructs staff to take all necessary actions to further promote the position of the Board. Thee motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and Chairman Bradby absent. from the remainder of the meeting. Supervisor Bradshaw suggested Supervisor Claud bring this matter up at the Southside Mayors and Chairs next meeting for discussion: // Vice-Chairman Claud called for the Emergency Management report.. County Administrator Caskey presented the issue of radio communications on behalf of Richard O. Childress,.-Director of Emergency Management, who was on vacation. Supervisor Bradshaw asked why Motorola was .brought in as the County already has a consultant. He noted Motorola only gave one (1) perspective, which is from their view, and the surrounding localities that they noted to contact were localities in which their system was installed.. He stated there is another way to handle the communications issue without expending the amount of money recommended by Motorola. Supervisor Bradshaw moved the Board direct staff to solicit comments from all users of the system, including Fire. and Rescue, and report back to the Board on their comments. Staff was further directed to contact other localities in the State that use more than one. (1) system with information from neighboring communities (Suffolk, Franklin, Surry Counties} about a shared cost. perspective. The Finance Director is to review the. finances as .proposed. and address in these recommendations. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and .Chairman Bradby absent from the remainder of the meeting. // 23 aoen 2U :~-:r~~2 Vice-Chairman Claud called for the County Administrator's report. County Administrator Caskey presented a request from. the Western Tidewater Water Authority for a loan from each member jurisdiction in the amount of $100,000 to cover operational costs. He noted A Resolution to Appropriate $1.00,000 from the Unappropriated Fund Balance of the General Fund .for Loan Purposes to the Western .Tidewater Water Authority is contained. in the agenda for the Board's consideration which he recommends the-.Board approve. Supervisor Claud explained that a lot of expenses being incurred are legal expenses, as well as for consultants. Supervisor Bradshaw stated he could not support the request because the Board of Supervisors is not currently taking care of its water systems in the County and there are residents with inadequate facilities, i.e., Carrsville ....and Zuni water systems.. He stated this Board has not taken any action to improve these systems, but is considering spending funds that are not helping the citizens of this County. Supervisor Claud stated the intent of the Western Tidewater Water Authority is to look for along-term water source for the County. Supervisor Bradshaw stated he encourages the concept of the Western Tidewater Water. Authority, but believes the .current needs of the County's citizens should be addressed first. He continued that the County's Finance Committee has addressed the need for cash flaw and the Board had to raise taxes to meet the budget. He stated the funds would have to come from the unexpended fund balance, but it has been stated that the County is already at its limit. He stated the Board had no business raising taxes if the County has this kind of extra money available. Supervisor Claud moved the Board. adopt the resolution which resulted in a tied vote with Supervisors MacManus and Claud voting in favor of the motion; Supervisors Bradshaw and Clark voting against the motion (2-2); and Chairman Bradby absent from .the meeting. County Attorney Crook advised .the Board that the resolution should be placed under Old Business to allow Chairman Bradby an opportunity to vote on the matter at the next regular meeting. Supervisor Clark stated he did not vote in favor of the resolution because he did not have sufficient information to cast a favorable vote. He stated he would like to know what the $100,000 is being used for and that Supervisor Bradshaw had raised a legitimate concern about -the. financial condition of the County this year. // i~ 1 1 24 r ~. 1 9oC~c~ 2O :.;~5~~3 Vice-Chairman Claud called for Old Business. County- Administrator Caskey presented an agreement with the Crater Criminal Justice Academy which was brought before the Board for consideration at its December 6, 2001 meeting and action deferred pending further response from Crater Criminal ..Justice Academy. He stated the County Attorney .has had interaction with representatives at the Academy since that time. He stated he has .prepared for the Board's consideration a resolution that would effectuate the Board's approval of the new agreement should the Board be in a position to take action. Sheriff Charles W. Phelps. stated the original agreement has been changed due to comments from the Southampton County Administrator, Mike Johnson .and the County Attorney regarding the equal vote on the Board of Directors. He noted that the concern is that jurisdictions such as Petersburg and Prince George County a third (3) vote on the .Board of Directors because they also have a police department, as well as a Sheriff's office. He stated the Board of Directors .voted today to proceed with the agreement as it was written. He stated he has never had a problem with being the only one (1) from this jurisdiction serving or a problem with the Board of Directors being fair to the County in the past. County Attorney.Crook stated that while he did not think the County could change the agreement because it is only one (1) member, the comment made by Mike Johnson of Southampton County concerning representation is valid. He stated cities have two (2) representatives and the County only has one (1) representative. He stated the majority of the jurisdictions have agreed to the agreement and he spoke with William Hefty, the attorney for. the Academy, who agrees that he will clean up the statute references and who urged the Board to go ahead and approve it. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION. TO APPROVE THE NEW SERVICE AGREEMENT FOR THE CRATER CRIMINAL JUSTICE ACADEMY WHEREAS, the Crater Criminal Justice Academy was established in 1975 pursuant to the Code of Virginia to provide training for public safety employees of the criminal justice agencies serving the area; and, WHEREAS, the Virginia General Assembly .adopted legislation in 1993 to allow criminal justice training academies to function as independent .public bodies; and, WHEREAS, the Crater Criminal Justice Academy- wishes to reorganize under the provisions of Title 15.2, Chapter 7, Article 5, Sections 2s 15.2-1747 through 15.2-1753 of the Code of Virginia as a public entity .separate from its member jurisdictions. NOW, THEREFORE, BE IT .AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight approves and authorizes the reorganization of the Crater Criminal Justice Academy pursuant to Title 15.2, Chapter 7, Article 5, Sections 15.2-1747 through 15:2-1753 of the Code of Virginia. ' The motion was adopted with Supervisors , MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against. the motion. Supervisor Clark stated he was contacted by a resident of Smith's Neck Road advising that her home had been broken into several days before. He noted that the officer who assisted in the case, which was already cold, was .successful in getting a conviction and he thanked the Sheriff for his Department's efforts in this regard. Following a request by Supervisor Bradshaw for a status report on the County's space needs study, Supervisor Bradshaw moved the Board request .that the County Administrator prepare and submit necessary paperwork to request funding from. the State to build new Health Department- and Social Services. buildings. The County's General Assembly representatives are to be carbon .copied on this paperwork. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the ..motion (4-0) and no Supervisors voting against the motion. Also concerning the space study, Supervisor Bradshaw further moved the:. Board direct the County Administrator and Director of Economic Development to set up a presentation to explore the process by a private partnership to build an administration building in the County. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud ' voting in .favor of the motion (4-0) and no Supervisors voting against the motion. :County .Administrator Caskey displayed a map to the Board .illustrating the intended build-out schedule by Charter Communications. Supervisor MacManus requested that the Information Services Coordinator place Charter's build-out schedule on the County's web site. Supervisor Bradshaw requested that a meeting be scheduled with Mr. Lee of Charter to discuss the coverage area in his district. Supervisor. Clark stated he toured the new facility and it is apparent that Charter is investing a great deal of funds on this facility. He stated he 26 1 ' 800 20 ~ '•J~.7cJ has a different attitude about Charter after seeing what kind of investment they are making in the area. County Administrator Caskey noted Mr Lee would be present at the Board's January 4, 2002 meeting to brief the Board on the progress of the build-out and other related cable matters. Supervisor MacManus stated if Charter is willing to place the `ads in the newspapers he does not need for Mr. Lee to address the Board in January. // Vice-Chairman Claud called for the County Attorney's report. County Attorney Crook distributed copies of the appeals of Eagle Harbor from the Board of Zoning Appeals decisions to the Circuit Court for the Board's review. He advised that he would be .filing a response within twenty-one (21) days. County Attorney Crook noted that he had distributed a written report to the Board on flood elevations projectstatus. Pursuant to the Board's request, County Attorney Crook. referred o an .interim report on storm basins contained in the County Attorney's report. He stated he still needs to meet with VDOT on the matter. Pursuant to the Board's request, County Attorney Crook advised he would prepare an appropriate policy for the termination of committee members appointed by the Board who have three (3) consecutive absences. County .Attorney Crook noted he had several matters for closed session later in the meeting. 1/ Vice-Chairman Claud called for New Business. 1 Patrick J. Small, Director of Economic. Development, presented A Resolution Authorizing the Issuance by the IDA of the County of Isle of Wight of A $7,000,000 Recreational Facilities Revenue Bond for. the Young Men's Christian Association of South .Hampton .Roads for the Board's consideration. He stated that anytime the Industrial Development Authority is able to allow someone to issue this debt, the Industrial Development Authority will accrue approximately $15,000 over. the course of the debt. Supervisor MacManus moved the. Board adopt the following resolution: 27 A RESOLUTION AUTHORIZING THE ISSUANCE BY THE INDUSTRIAL .DEVELOPMENT AUTHORITY OF THE COUNTY OF ISLE OF WIGHT OF A $7,000,000 RECREATIONAL FACILITIES REVENUE:BOND FOR THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH. HAMPTON ROADS WHEREAS, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended, authorizes the creation of the Industrial Development Authority of the County of Isle of Wight (the Authority) and empowers the Authority to .assist the Yourig Men's Christian Association of South Hampton Roads, a Virginia nonstock corporation (the Company), by the issuance of a $7,000,000 .recreational facilities revenue. bond of the Authority (the Bond) in permanently financing (a) the construction and equipping of a full service family YMCA recreational and wellness facility (the Project) to be located on an approximately 8.9 acre parcel located at the southeastern corner of the intersection of Battlefield Boulevard and Ashley Drive, across Battlefield Boulevard from Great Bridge Baptist Church, in Chesapeake, Virginia, and (b) financing a portion of land acquisition costs and the cost of issuing the Bond; and, WHEREAS, the Project will be owned by the Company; and, WHEREAS, the Company has its .principal place of business at 312 West Bute Street, Norfolk, Virginia 23510; and, WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code), requires approval. by this Board of the issuance of any private activity. bonds by the Authority after the Authority has held a public hearing to consider the issuance of such bonds as one of the acts .required in order .for the interest on such bonds to qualify for exemption from the imposition of federal income tax; and, WHEREAS, the Authority held a public hearing on December 17, 2001,.. in compliance with the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the Virginia Code), and after such public hearing adopted a resolution to issue the Bond, .subject to the adoption of this resolution; and, WHEREAS, the Authority has recommended that this Board approve the issuance of the Bond and. has designated .the Bond a "qualified tax- exempt obligation" within the meaning of Section 265(b) (3) of the Code for calendar year 2001; and, WHEREAS, the Company has represented that it is a corporation described in Section 501 D(3) of the Code which is not organized and operated exclusively for religious purposes and which is exempt from ..federal income taxation pursuant to Section 501(a) of the Code; and, 1 1 28 .. 1 } 80~p 20 ~,.. 5~.~7 WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, a record of the public hearing with .respect to the Bond, a Fiscal Impact Statement in the form prescribed by Section 15.2- 4907 of the Virginia Code and a concurring resolution of the City Council of the City of Chesapeake, as prescribed by Sectionl 5.2-4905 of the Virginia Code, have been filed with this Board. NOW, THEREFORE, BE IT RESOLVED. by the Board of Supervisors of Isle of Wight County: Section 1: -That the recitals in the first three preambles hereto are adopted as a part of this resolution as if fully written herein: Section 2: -That this Board approves the issuance of the Bond by the Authority to assist in the financing of the Project for the benefit of the Company to the extent required by the Code and the Virginia Code and approves the Authority's designation of the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. fora calendar year 200.1. Section 3: -That the approval of the issuance of the Bond as requested by the Company and as required by Section 147(f) of the Code and the Virginia Code is solely for federal tax purposes, does not constitute an endorsement to a prospective purchaser of the Bond of the .proposed use of the proceeds of the Bond or the creditworthiness of the Company and, as required by Virginia, law, the Bond shall provide that. neither the Commonwealth of Virginia, Isle of Wight County nor the Authority shall be obligated to pay the principal, or.premium if any, of the Bond or the interest thereon or other-costs incident thereto except from the revenues and monies pledged therefor and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, Isle of Wight County or the Authority shall be pledged thereto. Section 4: -That this resolution shall be in effect from and after its adoption. 1 The motion was adopted with Supervisors MacManus, Bradshaw, . Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion.. Regarding the Board's organizational meeting, Supervisor Bradshaw: moved the Board set its organizational meeting for January 4, 2002 at 10:00 a.m. and for consideration of any matters the County Administrator and County Attorney deem appropriate. The meeting would. be following the Chamber's Legislative :Breakfast. The motion was adopted with Supervisors . MacManus, Bradshaw, Clark and Claud voting in favor of the :motion (4-0) and no Supervisors voting against the motion. 29 9O~A 2~J ~n:'r~'JlJ // Vice-Chairman Claud called for Appointments. Supervisor MacManus moved the Board appoint Christina Spreiger, replacing Kory Forrest, on the Youth Services. Advisory Board. The motion was adopted unanimously (4-0). Supervisor Clark moved the Board reappoint Mark .Brown to the Wetlands Board. The motion was adopted unanimously (4-0). // Mr. Hartley requested a closed session under Section 2.2-371.1 A7 of the Freedom of Information Act concerning three (3) matters for advice of counsel regarding matters involving actual or probable litigation. Mr. Rountree requested a closed session under Section 2.2-3711 A7 of the Freedom of Information Act concerning a legal matter requiring legal advice of counsel. Mr. Small requested a closed session under Section 2.2-3711 A3 of the Freedom of Information Act concerning three (3) matters involving prospective businesses where no previous announcement. has been made about the siting and under. Section 2.2-3711 A3 concerning acquisition of property for public purposes where public disclosure would adversely affect the :County's bargaining. position. County Attorney Crook requested a closed session under Section 2.2- 3711 A7 of the Freedom of Information Act concerning two (2) matters involving litigation and advice of counsel. Supervisor Bradshaw requested a closed session under. Section 2.2- 3711 A 1 of the Freedom of Information Act concerning a personnel matter and under Section 2.2-37.11 A7 involving-the advice of legal counsel. Supervisor Clark requested a closed session under .Section 2.2-3711 A7 of the Freedom of Information Act concerning advice of legal counsel. County, Administrator Caskey requested a closed session under Selction 2.2-3711 Al of the Freedom of Information Act concerning two (2) personnel matters.. Supervisor Clark moved the Board enter closed session for the reasons ` stated. The motion was adopted with Supervisors MacManus, Bradshaw, Clark .and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. 1 1 i 30 f 1 1 1 Upon returning to open session, Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on .this date pursuant to an afFirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.2-3712D 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 TT 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 requirement, 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, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 0 . The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. /I At 12:20 a.m. Supervisor Bradshaw moved .the. Board adjourn, The motion was adopted unanimously (4-0). Robert C. Claud, Vice-Chairman 3i