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03-21-2002 Regular MeetingP Q5 r, `.U a;;. 7 ~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF MARCH IN THE YEAR TWO THOUSAND AND TWO PRESENT: Robert C. Claud, Sr., Chairman Richard K. MacManus, Vice Chairman Stan D. Clark Phillip A. Bradshaw Henry H. Bradby Also Attending: H, Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant County Adminstrator/Director of Human.Resources Carey H. Mills, Recording Secretary .Chairman Claud called the meeting to order at 6:00 p.m. The invocation was .delivered by Supervisor Bradby.. The Pledge of Allegiance was conducted. // Chairman. Claud indicated the following Consent Agenda included Items 1, A through I, and asked if there were any items for removal: A. Actions of the Planning Commission at the Meeting of March 12, 2002 B. The request of Isle. of Wight Materials Company, Inc. and Benn's Church Deli and Bakery to replace a 3' by 8' panel in an existing free standing pylon sign and replace a 5' by 8' sign in an existing cabinet on the building at 14526 Benn's Church. Boulevard, Smithfield, in the St: Luke's Historic District C. Preliminary Subdivision Plat. of Smithfield Heights Section IV,, property of Bailey Enterprises Inc., .Smithfield Heights Dr~~e, Newport Magisterial District, Tax Parcel No. 31-01-075 D. Final- Plat of Eagle Harbor, Tract 2, Phase 1, U.S. Route 1?, Carrollton Boulevard, Newport Magisterial District E. Preliminary. Subdivision Plat of Eagle Harbor Tract 7, property of Eagle Harbor LLC, Whippingham Parkway (Route .662), Newport. Magisterial District, Tax Parcel No. 34-01-003F F. Action List Tracking 1 G.: Summary of Key Points for the Regional Transportation Referendum H. Evergreen Acres Project I. February 21, 2002 Regular Meeting Minutes County Administrator Casket' stated he had forwarded to each Board member under separate cover an item concerning the Regional VJCCCA Plan that he recommends the Board add to its Consent Agenda. Supervisor MacManus moved the Board. add the Regional VJCCCA Plan distributed by the County.. Administrator and remove Items "C" and "E" from the Consent Agenda for further discussion by the Board. The motion was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the. motion (5-0) and no Supervisors voting against he emotion. Regarding the Preliminary Subdivision Plat of Smithfield Heights Section IV, property of Bailey Enterprises Inc., Smithfield Heights Drive, Newport Magisterial District, Tax Parcel No. 31-01-075, Supervisor MacManus noted that the Planning .Commission .had unanimously concurred; however, he would .like the County Attorney to comment on what exactly the Board would be approving. County Attorney Crook advised that this is the subdivision plat that is being .done. pursuant to zoning of 1989. He stated this development -has been done in sections and what is before .the .Board is the .preliminary subdivision .plat. He stated the reason the plat is before the Board is because any plat containing more than ten (10) lots must come before the Board for review. He stated any suggestions the Board would like to offer concerning ..the preliminary plat can then be incorporated in the final plat. Supervisor Clark moved that it be noted that the .Board has reviewed the preliminary subdivision plat. The motion was adopted with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting. in favor of -the motion (5-0) and no Supervisors voting against the motion. Regarding the Preliminary Subdivision Plat of Eagle Harbor Tract 7, property of Eagle Harbor. LLC, Whippingham Parkway (Route 662), Newport Magisterial District, Tax Parcel No. 34-01-003F, Supervisor MacManus stated that in reviewing the plat, he noticed that an extensive number of the lots being suggested are well within the 1.00 RPA. He stated he does not believe it is appropriate to have. a 50 foot RPA when the Board has been adamant about requiring a l00 RPA. 2 i County Attorney Crook stated it is the policy of this Board to maintain a 100 foot RPA and it is his understanding from discussions with the Director. of Planning and .Zoning. that. the .prior Board, when the zoning was .approved, also approved the WQIA based on a 50 foot setback which is why this is being followed up with a plat containing a 50 foot setback. Jonathan W. Hartley, Director of Planning and Zoning, stated the issue of the 50 foot RPA was briefly discussed by the. Planning Commission. He .stated they were advised that a WQIA had been prepared and approved by the Board which included a reduction to a 50 foot RPA with BMPs designed throughout Eagle Harbor to compensate for not only the 50 foot RPA but increased impermeable surfaces. Supervisor Clark requested that the Director of Planning and Zoning in the future pull out from the Consent Agenda items requiring a vote on major developments in the County. Mr. Hartley offered to put preliminary and final plats in the normal agenda versus listing them under the Consent Agenda. Chairman Claud stated this is only a preliminary plat the Board is reviewing and it does not require approval. He stated if the Board approves the Consent Agenda, then the Board is saying that it has reviewed it and that it will come back to the Board at a later time for a vote. County Administrator Caskey advised the Board that staff has been placing. plats, both preliminary and final, under the Consent Agenda for many years. Supervisor Bradshaw recommended. that staff' continue with its practice of placing preliminary and final plats .under the Consent Agenda and if the Board has a question then the issue can be .pulled from the Consent Agenda and taken up as a separate item for the Board's discussion. Supervisor MacManus moved that the record reflect that the Board. did review the plat, however, let it be known that he did comment that. a number . of the proposed lots are well within the 100 foot RPA which he does not find to be consistent with previous Board direction.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, .Clark. and Claud -voting in favor of he motion (5-0) and no Supervisors voting against the motion.. Supervisor Clark requested that the minutes reflect that he concurs with the comments of Supervisor MacManus. // Chairman Claud called for Transportation Matters. 3 BO~a. ~J ~~;: 706 Mr. Jay Randolph, Planner, noted contained in the agenda is information. pertaining to the ,2002 Hearing on the Virginia Transportation Development Plan by the .Commonwealth Transportation Board and the Virginia Department of Transportation. He advised that the hearing is scheduled to be held on April 12, 2002 at 9:30 a.m. in the VDOT Suffolk office. He noted that included in the agenda is a resolution that was presented at last year's Preallocation Hearing which: can be modified and presented. at the April 4, 2002. meeting and .later presented to the Commonwealth Transportation Board at its hearing on April T2, 2002. Chairman Claud noted that where it stated "the full funding for the construction of dedicated left turn lanes on Route 460 in the Town of Windsor from Route 258 eastward to the Town Corporate Limits" should be .changed due to the annexation that .took place since this was written last year. He mentioned at the Board's previous meeting a motion was made that the Board consider adding the turn around lanes on .the James River Bridge to the Resolution. He stated that while he totally supports the turn around: lanes, he .does not think .they will be built for many. years. He stated he is .not clear as to what. the impact will be when the Eagle Harbor development and the businesses that develop along that corridor are built. He stated it would be a tremendous improvement if signs were placed on Route 17 to warn motorists of a delay so that they could select an alternate route. Supervisor MacManus stated he could .support Chairman Claud's recommendation as the gates could have a potential downside which is difficult to predict at this time, but signs could only have a positive impact to provide communication. Supervisor Bradshaw moved the Board. direct staff to prepare a ...modified resolution to be presented to .the Board at its April 4, 2002 meeting to include "the full funding for the construction of dedicated left turn lanes on Route 460 in the Town of Windsor from Route 258. eastward to Hidden Acres" and warning.. signs located on Route. 17 advising motorists of a potential delay on the James River Bridge. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Randolph stated staff would make the appropriate changes ..discussed tonight and present a modified. Resolution to the Board for its consideration at its next meeting.. Mr. Randolph presented the Revenue Sharing Program. for Fiscal Year 2002-2003 contained in the Board's agenda. He stated the Board, at its previous meeting, approved a motion clarifying its intent to participate in the program and included in the agenda is a letter formalizing this intent for the Chairman's signature. 1 1 4 .! Supervisor Clark moved the Board authorize the Chairman to sign the intent letter on behalf of the County for the fiscal year 2002-20Q3 Revenue Sharing Program. The motion. was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. ~i Mr. Randolph referenced the Status Report on Current Road and. Highway Projects contained in the agenda. He noted the Resident. Engineer..:. is present. tonight to address the Board on any of these projects. Supervisor MacManus requested the status of the. Intergovernmental Committee's request previously to VDOT for a traffic light at the intersection of Battery Park and Nike Park. to be funded .under safety .funding. MacFarland Neblett, Resident Engineer, VDOT, stated according to a study the intersection does qualify. and normally traffic signals under.. the. secondary system are funded from secondary improvement funds. He stated ; primary highways are funded from district. traffic engineering funds.: He stated it appears the entire intersection is within the Smithfield Town Limits which receives urban funds. for the maintenance of their road system and therefore there may possibly be some urban funds through the Smithfield allocation for. this. Supervisor MacManus stated the Town of Smithfield through its Intergovernmental Committee had discussed. going to VDOT to request funding for the traffic light under the safety funds. He stated the Committee did not intend to use the urban funds, but rather allow the. Town of Smithfield to .still maintain the road with those funds and allow the safety funds from VDOT to fund the traffic light. Mr. Neblett stated he has not been advised that any safety funds are available for traffic light installation. County Administrator Caskey stated at the last quarterly meeting held with VDOT staff, Mr. Clarke advised that he was still awaiting word from. Richmond on the possibility of some other funding that. might be available. He stated he is still awaiting a call. back from Mr. Clarke on this matter. Supervisor MacManus inquired about .the status of certain signage .along Nike Park Road. Mr. Neblett stated VDOT wily. be installing "Watch for Turning Vehicles" signs by the end of next week on either end of the curve near the.. bridge. .Supervisor Bradshaw requested the status of the Route 260 connector project. He specifically inquired if VDOT is in the process of installing the 5 song 2~ ~ -708 traffic signal and if the summer of 2002 is still the anticipated completion date. Mr. Neblett replied that he has not had an opportunity to review the project, but he still believes the summer is the target date for completion of this project. Supervisor Bradshaw stated Route 260 is a primary road and he inquired if there would be any signs located on the.roadway noting. exits to the businesses once the Route 260 connector is complete and operational in the Spring of 2003. Mr. Neblett stated normally .those types of signs are located on interstates or limited access bypass roads. He .stated Route. 260 is not a limited access road. Supervisor Bradshaw stated he would like to meet with Mr. Randolph of County staff and Mr. Neblett to discuss the matter further. Supervisor ..Bradshaw requested the status of the lights at the .emergency facilities. Mr. Neblett stated he understands County staff. is now investigating -different funding sources which might be available through the Hampton Roads Planning District Commission for the emergency lights as they are not normally funded through highway funds. Supervisor Bradby requested Mr. Neblett to address the dangerous . curve at-the Rushmere Volunteer. Fire Department. Mr. Neblett advised VDOT's policy is that the initial installation of these lights be funded by the local government and that VDOT will install the lights and maintain them from that point forward. Chairman Claud informed Supervisor Bradby that in all of these locations, staff is attempting to find some way to get the funding although the exact avenue to do this has .not been determined. Supervisor Bradshaw pointed out that the State has a wide flexibility dealing with the allocationof safety funds and he would like to know why the County is not receiving some of these funds that are coming .from the Federal government to the State. Chairman .Claud noted that VDOT .has agreed to accept the railroad crossing on South Court Street in Windsor as a maintenance project and it will not>have to be put in the Six-Year Plan. He inquired about the schedule of this project. 1 1 i 6 BUOr: l.~~ ~::; I UJ ~i D Mr. Neblett stated the project is anticipated to begin in July, 2002. Chairman Claud stated Blue Ridge Trail is listed in the Six-Year Plan for 2002-2003 and he is very disappointed that this project will. be .advertised in the summer of 2003 because this tells him the project is one (1} year behind and he money has already been .allocated ,except for $28.5,000. and he does not understand why the project can not be advertised sooner. Supervisor Bradshaw stated the .same situation is going on with Pruden .Road. Mr. Neblett stated VDOT is .reviewing the funding. that has been set because the funding for 2000-200,1 is going to be reduced by approximate y 4% to 5% beginning with 2002-2003 fiscal year. VDOT does not know how it will affect the projects VDOT presently has in the. Six-Year Plan. He stated. he would be in a better, position. to address Chairman Claud's and. Supervisor Bradshaw's concerns when he receives the revised funding figures from Richmond. Chairman Claud inquired about the status of the meeting with 'the remaining property owners on Muddy Cross Road. Mr. Neblett stated his staff has recently forwarded .the updated .deeds to Mr. Randolph and there has been one (1) new land exchange. Mr. Randolph stated he recently received a copy of the deeds and upon his review, he will proceed with setting up a meeting. Chairman Claud inquired about the status of South Johnson.. He noted : funding has been in place for several years and the bids have been awarded, however, the completion date has been moved back. Mr. Neblett stated the contract has .been awarded to Kerrs Construction and VDOT staff can proceed with getting the contract signed in April with a Notice to Proceed following a thirty (30} day time period and construction will begin ten (10) days after the Notice to Proceed is issued. Chairman Claud stated he does not understand the process and becomes frustrated with a small project like this. that has been going on far six (6} years and the amount of money the County has spent: and yet can't get a Notice to Proceed. Supervisor Clark inquired about the status of Gayle Way and Yellow .Rock Roads. County Attorney Crook advised. that Yellow. Rock Road was conveyed by deed and :recorded... 1 9o,r, 2J .x,::710 Mr. Hartley advised that those roads are waiting for. staff to resolve Duke's Lane and the roads in Rushmere :Shores. He stated in the past, staff has taken the roads in the priority listed. He .stated there might be some drainage easement issues on .both roads. He stated the right-of--way. has been obtained for Yellow Rock Road, but with Gayle Way the right-of--way has been platted and set aside and it is a matter of conveying it to the County. He stated encroachments are holding up Duke's Lane. Restated. staff is in the process of resolving these other roads that are ahead of Yellow Rock and Gayle Way on the Priority .List. Supervisor Bradshaw asked if Duke's Lane would be Pave in Place. Mr. Neblett stated he would like to further discuss this with Supervisor Bradshaw as Duke's Lane is not an existing State road from the standpoint of having a thirty, (30) foot wide easement. Supervisor Bradshaw requested the status of the Board's request for historical information of the VDOT budget as far as -the budget versus actual spending for the prior two (2) years on a project basis. Mr. Neblett stated this information should be ready to be disseminated to the Board within the next fifteen (1 S) to thirty (30) days. Supervisor MacManus moved the Board direct staff to draft a letter to the Governor for consideration by the Board at its April 4, 2002 meeting advising of the Board's frustration from a local level with State funding levels (taking. care of unpaved roads and dealing with Pave in Place funds) and the deferring of projects by the State due to unavailability of State funds. 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. Nancy Guill of Rescue stated she understood that .Riverview Bluff Way- is a State, road, but it is unpaved and. has not been maintained for years. Chairman Claud requested staff investigate and report back to Mrs. Guill on whether River .Bluff Way is a State road. He noted Mr. Neblett would address any maintenance questions. Ms. Guill stated regarding safety funds available for Nike Park Road and .Battery Park- Road, perhaps the County could submit a letter requesting what funds are available. ' Chairman Claud stated Mr. Clarke of VDOT is to get back with the County Administrator on the answer of what funds are available. .~ ,. C 1 1 1 1 9o~r, 2~J .x::711 Harold Lewis asked Mr: Neblett if VDOT anticipates doing anything with the road behind the Carrollton Elementary School. Mr. Neblett stated it is currently on the Candidates List. He stated- there are problems of the cemetery being on both sides of the road and. of steep slopes. He stated there are also environmental issues. // Chairman Claud called for Citizens Comments. Michael Uzzell of Central .Hill advised the Board that certain County residents have not been voting because polling places are in remote locations. Supervisor Bradshaw requested the County Administrator to contact the Registrar and report back to the Board on her comments. Nancy Guill of Rescue requested that the boundary for .the Rescue community be established. Supervisor Clark noted he would address her request under Old Business. Grace Keen of Carrollton invited the Board to attend an Isle of Wight Citizens Association meeting. at 7:00 p.m. on April 8, 2002 in the Circuit Court Room. She noted Jim Campbell of VACo would be present. Sheriff Phelps presented. a request for funding for additional Court security. He stated the original request was submitted for $4,500 in part- time funds for Court security through the end of the fiscal year. He stated he has made certain changes in his staff's schedules and found that security can be provided to the two (2) Courtrooms while they are in session for $2,500 instead of the original request of $4,500. Supervisor Clark moved the Board .appropriate. $2,500 from the Contingency Fund. The motion was adapted with ,Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. // At .7:00 p.m., .Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to conduct the. public hearings. The .motion was adopted unanimously (5-0). // 9 soon 2~l r~:, 71~ Chairman Claud called for Public Hearings. :Chairman.. Claud called for a public hearing. on the following Ordinance: A. An Ordinance to Amend Chapterl2, Section 12-2 of the Isle of Wight County Code to Add an Additional No Wake Zone on Jones Creek at and Near the Public Boat Ramp ,Chairman -Claud called .for persons to speak in favor of or in `.opposition to the proposed Ordinance. Alan S: Nogiec, Director of Parks .and Recreation, stated recently the second phase of Jones Creek was completed which included a fishing pier and floating dock. He stated a floating dock will be impacted by waves and he is proposing.. a No Wake Zone in the vicinity of the Jones Creek Boat Ramp for a distance of 450 feet northwest of the .public boat ramp to a point 420 feet southwest of the -boat ramp... Nancy Guill of Rescue stated. her neighbor, George Wyatt, requested that she. speak on his behalf, as he could not be present tonight. She stated Mr. Wyatt would tike. to see the No Wake Zone extended. all the way down Jones Creek.. Mr. Wyatt would further like. the County to mitigate .the erosion. problem by putting the. No Wake Zone. the entire length of Jones Creek. Arvis Saunders of Jones Creek stated he is opposed to a No Wake Zone all the way to Rescue. He stated, kids need to have a place to ski and this can't be done in a No Wake Zone. He stated Jones Creek. belongs to the public. He stated he did not feel that the County needs a No Wake Zone any further than proposed in the Ordinance. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12-2 OF THE ISLE OF WIGHT COUNTY CODE TO ADD AN ADDITIONAL NO WAKE ZONE ON JONES .CREEK AT AND NEAR THE PUBLIC BOAT RAMP 1 1 ,. BE IT AND IT IS HEREBY ORDAINED by the. Board of Supervisors of Isle of Wight County, Virginia, that Section 12-2 of Chapter 12 of the Isle of Wight County Code; be amended by adding thereto the following No Wake Zone: (c) Jones Creek from a point 450 feet northwest of the public boat ramp to a point, 420 feet southwest of said boat ramp on Jones Creek. i0 _~ 1 ~1 90~~ 2,) ,, :: ~1~ The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.. Chairman Claud .called for a public hearing on the :following application: B. The application of Shirley M. Clarke for a change in zoning classification from RAC to Conditional Rural Residential, 2.158 acres of land located on the west side of Smiths Neck .Road (Route 669) south of Titus Creek Drive .(Route 66$) in Newport:. Magisterial District (adjacent to 21930 Waterhaven Point, Carrollton). The .purpose. of the application is to enable the sale of asingle-family residential lot, as .conditioned. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. No one anneared_ .~ - ---- Chairman Claude closed the public hearing. and called for comments from the'Board. Supervisor Clark requested Mr. Hartley to elaborate on the violation to the RPA by the landowner. Mr. Hartley stated the landowner cut out a number of trees- in advance of submitting any plans for this work which is a violation of the :Chesapeake _ Bay Ordinance. He stated staff attempted to notify the landowner using the-. last known address that he was in violation and the notices were returned to the County.. He stated when the landowner contacted staff to rezone the property staff asked him about the issue and .noted it during the- rezoning .. process. He stated .the landowner has since provided .staff with a remediation plan that he has begun to implement. .Supervisor Clark suggested that it would be .helpful to the Board if staff would take photos of any related damage to areas in violation. Supervisor MacManus stated it would not be appropriate. to mediate. with a one (1) inch tree when eight (8) inch trees were removed He stated more than remediation was discussed in previous cases. Mr. Hartley stated staff is pursuing eases .now, but in order to fine someone, the landowner must be charged with a criminal violation and take: them to court. He stated staff does not have the ability itself to impose fines .and currently there are wo (2) cases .before the courts, but it is a time' consuming process. 11 GG fA1 t/~ 11 Supervisor Clark stated for a landowner to submit a remediation plan is not enough for him when the RPA is violated. Mr. Hartley stated .the County does not have an ordinance provision than would allow the County to require a similar caliber replacement. Chairman Claud inquired if the County has enforcement powers for a remediation, plan. Mr. Hartley stated "yes" once the plan is approved. He stated typically the remediation plan is either. to plant low-growing shrubs and otherwise leave the site alone. Supervisor Clark moved. the Board table the .application of Shirley M. • Clarke to allow the County Attorney to meet with the Director of Planning and Zoning and report back to the Board at its April 18, 2002 meeting on any mediation and fines that may be appropriate. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favorofthe motion (5-0) and no Supervisors voting against the motion. Chairman Claud called for a public hearing on the .following • application: C. .The application of Robert P. Weeks, Jr. fora change in zoning classification from NC-RA, Rural Residential to Conditional Light Industrial, approximately two (2) acres of land located at 8258 Kings Landing Lane, Smithfield, in Hardy Magisterial District... The purpose of the application is for a storage warehouse, as conditioned: Mr...Hartley distributed a copy.. from the applicant's attorney which was received in his office yesterday requesting a sixty (60) day delay in consideration of this application by this .Board. Chairman Claud.. stated the building does not conform to the surrounding area and the Planning Commission voted unanimously to deny the .application. Chairman .Claud called for persons to speak in favor of or in opposition to the proposed application. John Cox of Kings Landing Lane stated. he lives in a nice subdivision and has -good neighbors. He stated there is a dead-end street leading into the subdivision that is not conducive to traffic, particularly trucks. He stated the building is in full view of the road and an eyesore to this community. 12 ,. 1 1 Susan Spivey of Kings .Landing Lane stated there has already been damage done and this while it is a very nice looking commercial building, it is still an eyesore for the community. She .stated none of the tree .debris. where the lot was cleared has been removed and there are .large trucks coming in and out of the subdivision blocking the way so that no one could .come in or get out of the subdivision. Roy McClauder of Kings Landing Lane expressed his opposition to the building being built and stated the applicant. should. never have. been. issued a permit for the building. "He stated he has now lost his privacy. He stated .this is a nice residential area with large lots and good neighbors. Charles Kizzle of Kings Landing stated the applicant is now meeting the trucks behind Roland Equipment Company and unloading them and carting material in to the subdivision. He stated the first covenant for his property stipulates that all lots are to be used exclusively for residential purposes .and no commercial or industrial establishment shall be .permitted or maintained thereon. He stated he does not understand how the building got placed where it is located, but. the County can not continue.. to let the applicant operate the way he is now. Debbie Hogg of Kings Landing stated the applicant has- been .conducting a .business and since the Planning Commission denied the applicant's request to rezone he has been more careful with when and how the trucks enter the neighborhood andhow they are parked.. She noted his permit was not previously posted visible to the roadway, but .now it is. She stated since he submitted notice for rezoning, he was in violation by conducting business and why is it that he can conduct business if this .has not been approved to light conditional. Ms. Hogg stated the development of Kings Landing was to maintain and preserve a historical site in the County and it was developed to remain large wooded parcels. She stated this development is rural, wooded and contains a narrow road and this is the way it should remain. She stated the applicant has misrepresented himself to this Board and if he is this- comfortable doing what he has been doing clearly in violation of the County, what will he do once he has the law on his side .and has the light industrial approvals. Lindsey Boone of Kings Landing stated the Director of Planning and .Zoning has written several letters to the applicant notifying him that he was operating in violation. He stated the applicant appears to believe he is above the law. He stated the applicant has not reapplied for his business license in the County and for the last three (3) weeks he has been conductingbusiness` illegally. He stated there is also a safety issue on this road as several of the neighbors have been denied access down the road because of the tractor. trailers blocking the road, He noted there are a lot of elderly residents living in this area and if an ambulance can not get down the road there. could: be a 13 1 BoQK 2J ~~-7~.6 ` loss of life. He stated the historical aspects of the area could be destroyed as across the street from the applicant's residence are Confederate earthworks that-were built during .1862 as part of the backup defenses for Fort Boykins, as well as a historic cemetery located up the street and a Federal Calvary campsite. Chairman Claud. closed the public hearing and called for comments by the Board. Chairman Claud noted the agenda contained two (2) letters of opposition, as well as a letter of opposition received tonight. Supervisor MacManus moved the Board. deny the application of .Robert P. Weeks, Jr. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw moved the .Board direct the County Administrator to investigate :and report back to the Board why a building permit was initiated .and why the operation is still being continued even after two (2) "cease and desist" orders. were issued. The County Administrator is to have information as to what the County's actions are so the Board can .respond to the public and .act accordingly. The motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Claud called for the County Attorney's report. County Attorney Crook advised the Board that he has notified Gatling Pointe South that the Board had approved the .concept and proposed Deed -for the recreation area to be conveyed to the association of homeowners and -now has the final deed for signature. Supervisor Clark moved the Board sign the Deed. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook distributed an informational item concerning the final dissolution of the Public Service Authority by the State Corporation Commission. County Attorney Crook stated he was apprised of a change in the status on attorney's fees on collecting delinquent taxes by the Treasurer. He stated the statute now allows .attorney's fees if attorneys have been 14 1 1 1 goon 2~) -;: 7~7 contracted for the collection of the delinquent taxes. He requested the Board authorize him to advertise the amendment to change: the ordinance. Supervisor Bradshaw moved the Board authorize the County Attorney to advertise the matter for. public hearing at the Board's April 18, 2002 meeting. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the .motion. !/ Chairman Claud called for the County .Administrator's report. County Administrator Casket' presented a Resolution to Recognize the Contributions of Robert "Bob" Goerger who has served with the County's Extension Service for thirty-two (32) years and who will be retiring April 1, 2002. Chairman Claud moved. the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF ROBERT "BOB" GOERGER WHEREAS, Robert "Bob" Goerger has been employed with Virginia Cooperative Extension for over 32 years; and, WHEREAS, Bob Goerger has served as the Unit Director for the .Isle of Wight County Extension Office for 10 years; and, WHEREAS, the agricultural community, as well ~as the citizens of Isle: of Wight County have benefited tremendously from the contributions and expertise of Mr. Goerger; and, WHEREAS, Mr. Goerger has tendered his retirement from employment with the Virginia Cooperative Extension Office effective April 1, 2002. NOW,. BE IT AND IT IS HEREBY RESOLVED that the Board .of Supervisors of the County of Isle of Wight, Virginia congratulates Roberta "Bob" Goerger on the occasion of his retirement. BE IT FURTHER RESOLVED that the Board of Supervisors recognizes Mr. Goerger for the tremendous. contributions he has made to the agricultural community in Isle of Wight County. • The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in-favor. of the motion (~-0) and no Supervisors voting against the motion.: 15 ao~M 2~ ~-7i8 . County Administrator Casket' noted that the Resolution- would be presented to Mr, Goerger at :his retirement dinner. County Administrator Casket' presented a Resolution to Recognize the Contributions of Gerald H. Gwaltney who was recently appointed by the Governor to the position of Deputy Tax Commissioner for the Commonwealth. Supervisor Bradby moved the Board adopt the following Resolution:. RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF GERALD H. GWALTNEY WHEREAS, Gerald H. Gwaltney has .served as the Commissioner of the Revenue for the County of Isle of Wight, Virginia since his first election in 1979; and, WHEREAS, in 1990, Mr. Gwaltney served as President of the Commissioners of the .Revenue Association of Virginia and as their Treasurer since 1992; and, WHEREAS, in 199.6, he was elected President of the Virginia Association of Locally Elected Constitutional Officers (VALECO), which represents over 600 Sheriffs, Clerks of the Circuit Court, Commonwealth Attorneys, Treasurers and Commissioners of the Revenue; and, WHEREAS, Governor Mark. R. Warner appointed Mr. Gwaltney Deputy Tax Commissioner for the .Commonwealth of Virginia effective March 1, 2002. NOW, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia congratulates Gerald H. Gwaltney on the occasion of his appointment as Deputy Tax Commissioner for the. Commonwealth of Virginia. BE IT FURTHER RESOLVED that the Board of Supervisors recognizes Mr. Gwaltney for the tremendous contributions he has made to the citizens of Isle of Wight County. The motion was adopted with Supervisors MacManus, .Bradby, :Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.. County Administrator Casket' noted that the Resolution would be formally presented to Mr. Gwaltney at a reception/dinner recognizing his years of service. 16 eo^~ 2~l -;;-7~~ I/ Chairman Claud called for Old Business. Draft Agreement with Resource International, Ltd. for Consulting Services to Assist with the Zoning Ordinance Update (Tabled 3/11 /2002) .County Attorney Crook stated he has reviewed the. Agreement and the changes that he had .requested were made in the revised Agreement. He stated he does recommend the Agreement to the Board. Supervisor MacManus moved the Board approve the Agreement as reviewed by the County.. Attorney. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the.motion (5-0) and no Supervisors voting against the motion. Chairman Claud stated the Board has_a joint School Board meeting on April 1 1, 2002 at 5:30 p.m. He requested that staff include .the following items, in addition to the CIP and Operating Budget, on the agenda. and that such information be passed on to the School Board prior to the April 11, 2002 joint meeting at 5:30 p.m.: staff to work together on items of potential consolidation exploration. of percentage funding: for the School Board budget The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion (5-0) -and no Supervisors voting against the motion. Supervisor. Bradshaw requested the status of the proposed drainage issue on Route 624. County Attorney. Crook advised Supervisor .Bradby -that he would meet with the Director of Public Utilities and make a report to the Board on the proposed drainage issue on Route 624. Supervisor MacManus ..stated the Board had previously approved a business to move across from the antique restoration on Route .258 and it .appears they are at the end of their construction, however, it appears there is less than adequate landscaping around the metal building. than what the Board had intended to provide-a major screening with landscaping. of trees and bushes. He inquired how the Board could ensure .that these businesses that tell the Board they are. going to provide significant landscaping. really do sa. ~~ 17 eoen 2a N...7.?Q Mr. Hartley sta#ed the landscaping issue. has not been .resolved with the business. owner.. yet. He stated. the -owner has done. what was approved on the initial site plan, but staff has not authorized him to open the business and will not do so until the landscaping issues raised by the Board re .addressed. Supervisor Clark stated the applicants personally met with him and told the Board. that if the Board approved .them putting up a metal building that they would landscape the area fully so that the metal building could not be seen on Route 17. He stated that while the Board did not vote on this, the comments made by the applicant after the vote -were that they agreed -to do that. He stated the applicant agreed morally to do this .and he expects staff ' to make the applicant do .everything in every way that. the County can to make them do what they said they would do. Supervisor Bradshaw stated when he reviewed the minutes .what the Board .voted on is not what we thought we voted on. The .discussion was _ referenced in the minutes, however, when the Board voted on that motion, what's in the minutes and what the Board have approved as official minutes, are two (2) different things. Supervisor Bradshaw moved that the Board direct the County Attorney to review and advise the Director of Planning and Zoning as to what fan be enforced with. regard to the landscaping of this property. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Supervisor MacManus requested an update on the progress of the ..Zoning Ordinance. Mr. Hartley advised that staff is in the definition section. Supervisor Bradshaw stated the Board received a copy of the letter from the Director of the Extension Service from ~1PI regarding the Extension Agent's position. Supervisor Bradshaw moved the Board direct the County Administrator to make arrangements fore a conference call or meeting to include Chairman Claud, Supervisor Bradshaw,. the County Administrator and Mr. Barrett to discuss. the possibility of having the position filled following the retirement of Mr. Goerger. The motion was :adopted with Supervisors IVIacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Regarding Ms. Guill's request under Citizens Comments concerning. a proposed boundary for the Rescue community, Supervisor Clark moved the Board create a committee consisting of Nancy Guill of Rescue, a 18 1 1 ~, BOQ~ 2U ~;;'~7~1 representative from the U.S. Postal Service in the .Rescue off ce, the Director of Planning and Zoning, Mr. Pelkey, Mr. Bolt and himself to .explore the request, as presented at the Town. Meeting. Other members. of the committee may be formalized after the initial meeting.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in ,favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook reported that: he has reviewed the Treasurer's Employee/County Compensation Plan and Personnel Policy Memorandum of Understanding, made the appropriate changes and forwarded it to the County Administrator. // Chairman Claud called for New Business. County Administrator Caskey .stated the Board, at its .Town Meeting, requested he confer further with the Commissioner of Revenue concerning the Gerald' Gwaltney reception. Supervisor MacManus noted that all other counties, when polled,- went with standard resolution and plaque concept. He stated he is concerned with the precedent it would set. Supervisor Bradshaw stated he could support $150 which would_cover a plaque and the Board taking them out to dinner. which is what. other localities do. Chairman Claud asked who else would get the $150 or is this a one { 1) time donation. He suggested that the Board establish some type of guidelines as to what the County will do and then everyone will get the. same thing done for them. Supervisor Clark moved the Board appropriate $150 for the Gerald H. _ Gwaltney and Robert Goerger events from .the. contingency fund. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud .voting in favor of the motion (5-0) and no Supervisors' voting against the motion. Supervisor MacManus moved the Board direct. staff to work with .the County Attorney to formulate. a generic policy on County .contributions. for departing employees. The motion. was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud: voting in favor of the motion (5-0) and no Supervisors voting against the motion... Chairman. Claud stated. a transportation referendum will be discussed at the Mayors and Chairs meeting. He stated the. Board has a general ' consensus that: the concept of the. referendum to accomplish the .completion 19 --- .. .__ _ .. _,___ ~.t ~oo~ 2U -N:=-7~2 of these "projects in the Hampton Roads area is important and will not be .done if this referendum does not pass in November. He stated he needs the ..feelings of this Board where it stands conceptually as a Board. Chairman .Claud moved the Board go on record. to conceptually support the regional transportation referendum that will be on the .November, 2002 ballot. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw stated the Carrsville Volunteer Fire Department will be holding a Shrimp Festival fund raiser for the Department on May 11, 2002 and they are requesting the Board waive the application fee. County Attorney Crook stated the application fee is primarily to cover the publication cost, but the Board has the authority to grant the request and . ' ', it has done it in the past, particularly where it is a governmental agency. ', ~~ Supervisor Bradshaw .moved the Board waive the application fee for the Carrsville Volunteer .Fire Department Shrimp Festival. The motion was ado ted with Su ervisors MacManus Bradb Brad h P P saw Clark- and Claud Y, voting in favor of the motion (5-0) and no Supervisors voting against the motion. County .Administrator Casket' stated according to the budget schedule presented previously to the Board it should anticipate its. firstbudget work session at its April 4, 2002 meeting. - Supervisor Bradshaw moved the--Board change its meeting scheduled. for May- 2, 2002 to May 6, 2002 at 2:00 p.m, because he, and possibly Supervisor Clark, has a conflict with their schedule and would not be in attendance. The motion was adopted .with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion.. Supervisor MacManus .moved that the Board hold only. one (1) Board meeting ,in July, 2002 and that it be held on July 9, 2002 at 6:00 p.m. with public hearings to commence at' ?:00 p.m. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // County Attorney Crook requested a closed session under Section 2.2- 3711 A3 of the .Freedom of Information Act concerning a matter involving acquisition and use of public property where public disclosure could adversely affect the County's position. 20 1 1 CERTIFICATION OF CLOSED MEETING .. eaoK 2~l 7;~'~ Supervisor Clarkrequested a closed.-session under Section 2.2=3711 A7 of the Freedom of Information Act concerning advice of counsel on a litigation matter. Chairman.. Claud moved the Board enter closed session for the reasons. stated. The motion was adopted with Supervisors MacManus, Bradby,~ Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon returning to open session, Chairman. Claud moved the: Board adopt the following resolution: 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 uirginia 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 IT RESOLVED that the Board of Supervisors. hereby certifies that, to the best. of each member's knowledge, (i) only public business matters lawfully exempted from open meeting .requirements , by Virginia law were discussed in the closed. meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed.. or .considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 .The motion was .adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion (5-0) and. no Supervisors voting against the motion. // Chairman Claud called for Appointments. 21 eoo~ ?0 gin::; 7?4 Supervisor Bradshaw moved the Board appoint Michael Uzzle to the Beautification Committee. The motion was adopted unanimously (5-0). // Mr. Robertson presented for the Board's consideration an After School Enrichment Program Grant: He stated the program is currently in place at the .Smithfield Middle School. and he is requesting authorization from the Board to submit a grant application. He stated the grant has to come back before the Board for approval and if the Board approves it, it .will be an obligation. of $12,500. Supervisor Clark moved the Board direct staff to submit a grant .application for an After School Enrichment Program. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County. Administrator Casket' reminded the. Board of the Legislative Breakfast scheduled for 7:30 a.m. Friday, March 22, 2002 as well as a ribbon cutting'cerernony scheduled at:10:30 a.m. at the Workforce Training Center at the Paul D. Camp Community College in Franklin. He noted the Mayors and Chairs meeting is also scheduled for 12:00 noon on Friday. // Supervisor Bradshaw moved .the Board continue its meeting until April 4, 2002 at 12:00 noon. The motion was adopted unanimously (5-0). .C Robert C. Claud, Sr., Chairman W. Dou as key, Cler 22