12-20-2001 Regular Meeting1
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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
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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..
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'~ 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:
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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.
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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
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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. -
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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.
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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
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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.
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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
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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.
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~. 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.
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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
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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
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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
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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.
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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:
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(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).
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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.
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Supervisor Claud advised that another meeting .with the City of
Franklin is scheduled for February of 2002. and if nothin ositive results
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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. {
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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
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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).
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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.
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Mr. Vincent advised that the development is behind scheddle due to a
longer than anticipated permitting process.
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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."
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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
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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
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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.
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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. ~'
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Supervisor Clark requested landscaping should be done that will cover
any brick and mortar with tasteful signs such as in Colonial Williamsburg.
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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.
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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
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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,
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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.
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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.
//
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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.
//
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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
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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.
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Vice-Chairman Claud called for New Business.
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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,
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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.
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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.
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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.
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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.
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At 12:20 a.m. Supervisor Bradshaw moved .the. Board adjourn, The
motion was adopted unanimously (4-0).
Robert C. Claud, Vice-Chairman
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