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08-15-2002 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTTEENTH DAY OF AUGUST 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 Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor MacManus. The Pledge of Allegiance was conducted. // .Chairman Claud called for Special Presentations. Chairman .Claud read .the following Resolution to the Bronco Fast Pitch All Stars Inaugural Team: RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF THE SMITHFIELD RECREATION ASSOCIATION BRONCO FAST PITCH ALL STARS INAUGURAL TEAM WHEREAS, the Smithfield Recreation Association Bronco Fast Pitch All Stars Inaugural Team participated in the Suffolk Firecracker Invitational Tournament held July 5-7, 2002; and, WHEREAS, the team won the Tournament Championship by winning .six (b) games over the course of the three-day tournament; and, WHEREAS, the tournament consisted of teams from areas including Chesapeake, Suffolk, Southampton County, and Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED that the .Board of Supervisors of the County of Isle of Wight, Virginia recognizes and congratulates the Smithfield Recreation .Association Bronco Fast Pitch A11 Stars Inaugural Team for its accomplishments. 1 ii 1 1 ._._... ,: 9O~K 21 ~;:.~'~~J Chairman Claud moved the Board adopt the Resolution.. 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 indicated the following Consent. Agenda included Items 2, A through C, and asked if there were any items for removal: A. Status of Grant. Funds/Josiah Parker Cemetery. Project B. Delinquent Real Estate Tax Collection Monthly Report C. July 29, 2002 Continued Meeting Minutes Supervisor Bradshaw moved the Board approve all items and adopt 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. // Chairman Claud called for Transportation Matters. James Randolph, Planner, reported that VDOT District Trai~Tic Engineer, by letter dated June 6, 2002, had advised that the speed-study at Route 32/258 (Brewers Neck Boulevard) reflected that a reduction of the speed limit to 55-mph is not warranted. Mr. Randolph stated responsive to a request for the clearing of underbrush at Titus Creek. Drive. (Route 668) and Nike Park Road (Route _669), VDOT advises such work has been accomplished in an effort to improve the visibility. He stated VDOT has also moved the white stripe located on the ground and the stop sign forward a few feet. Thomas Finderson reported that he did not notice any underbrush clearing when he visited the site at Titus Creek Drive and Nike Park Road earlier this same date. Supervisor Bradshaw requested Mr. Randolph and Mr. Finderson meet with VDOT on-site to discuss the improvements. Mr. Randolph reported the "Watch for Turning Vehicles" signs in the vicinity of Paleo Point Lane have been installed. // Chairman Claud called for Citizens Comments. 2 Grace Keen requested the Board take appropriate action to expand the historical zoning area surrounding St. Lukes Church from cone-quarter mile to~a one-half mile radius. Thomas Finderson requested aerators, larger culverts and culverts.. further downstream along Sugar Hill Road for, the Founders Pointe project. // Chairman Claud called for the County Attorney's report. County .Attorney Crook reported the Motorola Lease Agreement is now in final form .and he approves it as to final form. He requested .the Board approve the lease and authorize the Chairman to sign it on behalf of ....:the County. Supervisor Clark moved the Board approve the lease agreement between the County and Motorola and authorize the Chairman to sign it on behalf of the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no Supervisors voting against the motion: County Attorney Crook reported the Verizon Lease Agreement.. is not yet .finalized as the attorney for Verizon has not yet provided the final draft and the .changes they agreed to. He requested the Board approve the Verizon Lease Agreement and authorize the Chairman to sign same subject to his approval as to form.. Supervisor Clark moved the Board approve the lease agreement between the County and Verizon and authorize the Chairman to sign it on behalf of the County subject to the County Attorney's approval as to form. 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 the Tyler's Beach Boat Harbor Ordinance is being advertised for public .hearing by the Board at its September 19, 2002 meeting. He noted that he also had a matter for closed session later in the meeting concerning Tyler's Beach. County Attorney Crook reported he has forwarded the changes the Board requested in the. lease .between the County and. the YMCA on to the attorney for the YMCA. He stated he did receive the lease back today from the attorney, as anticipated. County Attorney Crook advised he and the Director of Emergency Management would address the contract negotiations for the clearance of the 1 1 D 3 .. eo~M 21 ~ :: i71 land for the" Carrollton. Volunteer. Fire Department expansion in closed session later in the meeting. County Attorney Crook reported the letter to Virginia Beach concerning the Lake Gaston Pipeline Project has been mailed to the Virginia Beach City Manager. County Attorney- Crook reported the Franchise Agreement with BFI expired on August 7, 2002. He stated he would proceed with negotiations for rates and service areas with BFI and he would report back to the Board at its September 5, 2002 meeting on the results. Supervisor Bradshaw requested the County Attorney be prepared to address the status of the Revenue Agreement with the Board at its September 5, 2002 meeting. Supervisor Bradshaw suggested the Board may wish to consider appointing one (1) Board of Supervisors' member to sit on the Planning Commission in an effort to bring unity between the Board of Supervisors and the Planning Commission. // Chairman Claud called for the County Administrator's report. County Administrator Casket' presented a Resolution to Accept and Appropriate Smart, Safe & Sober/Checkpoint Strikeforce Program. Funding to the Board for its consideration. Supervisor MacManus moved the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SMART,. SAFE & SOBER/CHECKPOINT STRIKEFORCE PROGRAM FUNDING WHEREAS, the County of Isle of Wight has been approved for mini- grant funding from the Commonwealth of Virginia Department of Motor Vehicles for the Smart, Safe & Sober/Checkpoint Strikeforce Program; and, WHEREAS, funding irr the amount of one thousand five hundred dollars ($1500) needs to be accepted and appropriated to the appropriate line item in the County's FY02-03 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors. of the County of Isle of Wight, Virginia that funding in the amount of one thousand five hundred dollars ($1500), or as much as shall be received from the Commonwealth of Virginia Department of Motor Vehicles is to be i 4 gp~K ~~ R~:,~~ ~2 appropriated to the appropriate line item .2002-2003 Operating Budget of Isle of Wight County.. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion. was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark ,and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Richard O. Childress, Director of Emergency Management, presented a request from the Smithfield Volunteer Fire Department to purchase in this capital budget a new ladder truck at considerable cost savings. He recommended that the Board proceed. with contributing $375,000 allocated in this year's CIP for this project to the Smithfield Volunteer Fire Department contingent upon this purchase taking place. Chairman Claud recommended Mr. Childress consult with the members of the Fire and Rescue Association to ensure the concurrence. of the Association with the savings offered by this purchase. Supervisor MacManus moved the Board approve the request of the Smithfield Volunteer Fire Department subject to the Director of Emergency Management consulting with. the Fire and Rescue Association to ensure the concurrence of the Association with the. savings offered by this purchase. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Jonathan W. Hartley, Director of Planning. and. Zoning, distributed a schedule of anticipated Village Center and Planning Commission meetings for the Board's information. He also distributed copies of the Planning Commission's Action List, copies of updated provisions of the draft Zoning Ordinance and copies of the Carrollton Community Design process in which he requested the Board's response. // Chairman Claud called for Old Business. County Administrator Casket' presented for the Board's consideration a Resolution of the Board of Supervisors of Isle of Wight County, Virginia Requesting Expansion of the Hampton Roads Metropolitan Planning Organization Boundary. He stated the boundary currently includes just the northern portion of the County, to include the Town of Smithfield. . 1 1 5 R Chairman Claud commented the Windsor Town Council voted unanimously to approve the. Resolution at their. last meeting. 1 ~- ~ i ~~ Supervisor Bradshaw moved the Board adopt the following .Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA REQUESTING EXPANSION OF THE HAMPTON ROADS METROPOLITAN PLANNING ORGANIZATION BOUNDARY WHEREAS, Isle of Wight County is fully recognized as a Hampton Roads community and participates in a wide range of regional organizations; and, WHEREAS, a .portion of Isle of Wight County was added to the Hampton Roads Metropolitan Planning Organization (MPO) in 1992, including the Town of Smithfield and Routes 10/32/258 and 17; and, WHEREAS, the purpose of the MPO is to set regional transportation policy and approve long-range transportation plans and programs, and under federal guidelines is to include areas projected to be urbanized within the twenty (20) year planning horizon; and, WHEREAS, the Isle of Wight County Comprehensive Plan adopted in June 2001 designates three (3) areas for future growth over the next twenty (20) years, called Development Service Districts, and includes portions of the present MPO boundary in the north, as well as areas surrounding the Town of Windsor in the central portion of the County, and areas east of the City of Franklin in the southern portions of the County; and, WHEREAS, U.S. Route 460 traverses the central portion of the County, including the Town of Windsor, and serves as a major corridor for freight traffic and interregional transportation .which benefits the entire Hampton Roads Region; and, WHEREAS, the proposed high speed rail corridor is located in .the central portion of the County outside the present MPO .boundary, as well as the upgrading of the Route 460 corridor to an interstate grade highway included in the Transportation Referendum for the Fall 2002 ballot; and, 1 WHEREAS, the County has .been advised that there is no direct connection between partial or full participation in the MPO and determinations of air quality attainment/ non-attainment by the Virginia Department of Environmental Quality. ' NOW, THEREFORE BE IT RESOLVED that. the .Board. of Supervisors of Isle of Wight. County,. Virginia, respectfully requests that all 6 BOQk 21 ~t;~"~~4 action necessary be taken to .include all of Isle of Wight County, including the Town of Windsor, within the boundaries of the Hampton .Roads Metropolitan Planning Organization. BE IT FURTHER RESOLVED ;that the Board of Supervisors fully recognizes that in making this request, there will be no change in current representation or voting rights as a result of expanding the MPO boundary to include the entire 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. .Supervisor Bradshaw briefed the -Board and citizens on his recent presentation at the Local Government Officials Conference before the. Board of Directors of the Virginia Association of Counties (VACo) the County's lawsuit position against the General Assembly. He stated the Board of Directors forwarded this information to the Finance Committee that was forwarded to .the Resolutions Committee. He stated VACo has also forwarded the information on to their legal counsel.. He stated other counties in the State of Virginia appeared to be in support of the County's proposed lawsuit. He stated the Attorney General was also present at the conference and he informed him of the County's intent to evaluate bringing a lawsuit against the General Assembly, the Governor, the Lt. Governor and himself. He stated following that he received numerous contacts from localities and the County Administrator would be contacting other private organizations that are already pursuing this same position. Supervisor Bradshaw moved the Board direct the County Administrator to prepare a formal letter for signature of the Chairman to the Chairman of the .Fairfax County Board of Supervisors. requesting their support and aid in the position of evaluating taking the State to court for their lack of responsibility. 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 further moved the Board direct the County Administrator to prepare a similar letter for signature of the Chairman to the Mayor of the City of Suffolk requesting. their support in the County's evaluation and. attempt to sue the State. 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 noted there were a number of enthusiastic communities regarding the implementation of a cigarette tax throughout the State based on the letters the County sent out concerning Isle of Wight's initiative to have all counties included in the cigarette tax. 1 7 ,. 80~~ ,2~ ' ~~5 1 Supervisor Bradshaw notified the Board he has supported. the lobbying efforts of VACo to work with the County to request the State fund the building of a Social Services and Health Department facility. He stated he and the Director of Social Services intend to visit State representatives and begin lobbying efforts. // Chairman Claud called for New Business. There was no new business offered for discussion by the Board. 1 // County Attorney Crook requested a closed session under Section 2.2- 3711. A3 of the Freedom of Information Act concerning acquisition of property for public purposes; under Section 2.2-3711 A7 concerning contract negotiations for advice of counsel. Supervisor Bradshaw requested a closed session under Section 2.2- 3711 Al of the Freedom of Information Act concerning two (2) personnel matters requiring evaluation by the Board. County Administrator .Casket' requested a closed session under Section 2.2-3711 AS of the Freedom of Information Act involving industrial siting where the siting has not been previously disclosed. Supervisor Clark moved the Board enter closed session for the reasons stated. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark .and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon returning to open session, Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING i~ 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 Tf 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 8 ~. 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 Public Hearings. Chairman Claud called for a public. hearing on the following: A. An Ordinance to Amend Certain Provisions of Chapter 4.1 of the Isle of Wight County Code for Licensing and Regulating Cable- Television Systems County Attorney Crook advised the proposed amendment to the Ordinance would reduce the density required for the extension of service to twenty (20) homes per linear attachable pole mile, provide PEG access service, provide the system upgrade be completed by October 31, 2002 and extend the franchise for five (5) years. Chairman Claud called for persons to .speak. in favor of or in opposition to the proposed Ordinance. Ann Marie Dunn of Whispering Pines Trail expressed objection to the proposed Ordinance. She .stated the Charter website advertised cable was available at her address when she moved to her home in the Fall, as well as digital cable and cable modems, however, they were not. She stated to date, there is still no potential for cable. County Administrator Caskey submitted three (3) separate sets of comments that were also provided to the Director of Operations of Charter Communications. 9 ~i ,. ao~ 21-~~~~~~77 Matt Favre, Director of Operations, Charter Communications, stated he has reviewed the site at the campgrounds, however, Charter is not willing to extend cable into that location due to the payback analysis and capital investment. He stated the proposed Ordinance amendment does address the shrinking of homes requirement that would include a lot of that area. He stated he has spoken with the owner of the campground and offered ~ to provide service along the road, but not into the campground, some time in the Fall. Chairman Claud stated the proposed Ordinance amendment specifies a commitment date of October 31, 2002 by Charter to complete the work. He recommended the Board wait until October 31, 2002 before taking action on the proposed amendment to extend the length of the franchise. Supervisor Bradshaw requested a meeting with Mr. Favre to further discuss the agreement. as it relates to Charter providing the service by the end of October with the same area served today. He stated there are not any timelines related to extending into other areas .that fall within the agreement, i.e., where there are twenty (20) residences per linear light pole mile. Mr. Favre stated Charter is actively looking at additional areas of the County. He stated Charter staff has. reviewed the GIS information available and has rode out to the area to ensure there are physical homes located there, not just lots. Supervisor Bradshaw recommended community meetings be held throughout the County with notices run in the newspapers before the work is complete so that the Board would have an idea of what is taking place and some of the citizens concerns. Mr. Favre noted Charter will have a pipeline trailer at the Fair and other high traffic locations so that citizens can be informed of what is available and be educated on the levels of service available. Supervisor Clark. requested Mr. Favre contact the two (2) residents from his district that expressed opposition by letter earlier in the meeting and address their concerns.- Supervisor MacManus inquired what type of leverage .does the County have with Charter should the company decline to the level of service it provided several years ago. County Attorney Crook replied that the .County could negotiate changes or terminate the franchise. He stated the County -has no control over the fees and rates charged by Charter other than it would be no more than it is in the jurisdiction from which it comes. 10 BOOp 21..N::~~78 Chairman Claud closed the public hearing and called for comments by the Board. Supervisor. Bradshaw moved the Board table action on the amendment to the Ordinance until the .Board's November 7, 2002 meeting; direct County ~ staff work .with Charter representatives to set up community meetings. in the high schools, elementary schools and other feasible places throughout the County, as desired; and, direct County staff contact the City of Suffolk. to discuss with them the terms and conditions of the franchise agreement to include any problems the City of Suffolk has had in association. with Charter's services. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Claud called for a public hearing on the following:. B. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Reference the New Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) Dated September 4, 2002 under Part 3 -Flood Plain Management (FPM) District Section 4301 (a) (1) • Jonathan W. Hartley, Director of Planning and Zoning, stated as a result of the flooding incurred .during Hurricane Floyd, the Corps of Engineers, has resurveyed that area and reevaluated the flood plain maps. He .stated the Corps of Engineers completed a study in 2000 which established new flood plain evaluations and boundaries for managing ..development located in those areas. He stated the study has been adapted by the Federal Emergency Management Agency (FEMA) and incorporated into its flood insurance study and flood insurance rate maps. He stated FEMA has now set the effective date of these maps as September 4, 2002 and in order to maintain availability of flood. insurance for residents in the County, the County is required to adopt these maps as the official flood plain maps. He stated .the Planning Commission recommended approval of the. proposed .amendment to the. Board: Chairman Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. Tom Gaskell of Zuni inquired if he should have flood insurance on his home when part of his property is located in zone "A". Mr. Hartley replied that flood insurance is only required when the insurable structure is located in zone "A" or in the 100 year flood plain. He .pointed out that flood insurance is only required if the structure is located in the 100 year flood plain and the homeowner has a conventional mortgage. He stated if a resident expresses a .concern that there may be a risk or a hazard, he always encourages them to obtain flood insurance. 1 1 11 n ~1 80~N 21 ~:;: 179 Ed Walter of Dodge Lane stated he has not received a flood plain map and does not know if his land is located in the flood zone. 1 Mr. Randolph offered to assist Mr. Walter after the meeting. Chairman Claud closed. the public hearing and called for comments from the Board. Supervisor, Bradshaw recommended Zone "A" property that is no longer buildable should be assessed to reflect this: He requested the County Administrator provide a report to the Board that action has been taken by the Commissioner ofthe Revenue to reflect this. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE WIGHT COUNTY TO REFERENCE THE NEW FLOOD INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAPS (FIRM) DATED SEPTEMBER 4, 2002 UNDER PART 3 - FLOOD PLAIN MANAGEMENT (FPM) DISTRICT SECTION 4301 (A) (1) 1 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Zoning ordinance of Isle of Wight County, Virginia, Part 3. -Flood Plain Management (FPM) District, Section .4301 A. be amended to read as follows: 1. Areas designated as being within the 100-Year flood plain by the Flood Insurance Study (FIS) prepared by the Federal Emergency Management Agency. and as delineated on the Flood Insurance Rate Map (FIRM) dated rA. ,~,rt„~.* ' ° ' °°' September 4, 2002 or as subsequently may be amended. as Zone A, Zone AE, Zone V or Zone VE, ~n~1r~~~]Y[r ~nnn ..rar.~ro.i l~,~r tl,n T T C A rev,~r ~''~rr,n n4'. I..nnir~.nnrn , A copy of the FIS and FIRM diver shall be filed in the Department of Community Development and are hereby made part of this Article. The Flood Plain Management District (as identified in the FIS and is comprised of five. sub- districts: the Floodway District, the Floodfringe District, the Approximated .Flood Plain. District, and the Coastal Flood Plain/Coastal High Hazard Flood Plain Districts. The description of these districts and .corresponding zones. are identified in the aforementioned FIS report. 12 BOOK 21 •;,:r~~O 2. Such other areas as may be determined by the Zoning Administrator to be essential to the alleviation of potential flood damage caused by the 100-Year flood. Such determination shall be based on drainage and hydrology studies and amendment or revision. of the FIRM shall be requested by the County. The motion was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion. (5-0) and no Supervisors voting against the motion. Chairman Claud called for a public hearing on the following:.. C. The application of Carlton K. Outland and the Carlton Outland, Jr. Estate to operate a "Sportsman Shooting Preserve," as ..conditioned by the Virginia Department of Game and Inland Fisheries, on approximately 250 acres of land located on Outland Drive (Route. 612) adjacent to 30304 Outland Drive, Carrsville, west of the City of Suffolk line, in the Carrsville Election District. Chairman Claud called for persons to speak in favor of or in .opposition to the proposed application. Carlton K. Outland stated he is looking at ways to diversify his farming operation with the recent loss of the peanut program and the farming economy in general and he is proposing to open a shooting reserve on a portion of his farmland. Chairman. Claud closed .the public hearing and called for comments from the Board. .Supervisor Bradshaw moved the Board approve the application of the Carlton K. Outland and the Carlton Outland, Jr. Estate. 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: D. The application of Sarah ~. Garth etals for a change in zoning classification from RAC to Conditional Rural Residential 5 acres of land located on the east side of Collosse Road (Route 641) at 26433 Collosse Road, Carrsville, in the Carrsville Election District. The purpose of the application is for a one single- . family residential lot, as conditioned. Chairman Claud called for persons, to speak in favor of or in opposition to the proposed application. 13 11 D ., 1 .. ao~K 21:~;~-181 1 Durwood Scott, representing the applicants, stated the farm contains approximately 100 acres and an existing dwelling that the applicants would like to subdivide five (S) acres off the farm. He .stated a $2,000 cash proffer has been offered by the applicant. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application. of Sarah J. Garth et al. 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: E. The request of the Carrollton Volunteer Fire Department. for an exemption to the Isle of Wight County Zoning .Ordinance Highway Corridor District, specifically Section 4207 (a) (1), to allow a minimum setback of 37 feet, at the closest point for the proposed addition, rather. than the required fiffy (50) feet at 15020 Carrollton Boulevard in Newport Election District. 1 Chairman Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. Glen Yates, Architect, stated the County has purchased additional land and would like to preserve the existing Station by orienting the addition to ensure that it works as a functional fire and rescue facility. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the request of the Carrollton Volunteer Fire Department. 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. // 1 Mr. Childress reported that with the exception of the Isle of Wight " Volunteer Rescue Squad, .all other fire and rescue departments .noted their approval of the Board's earlier motion under the County Administrator's section of the agenda to approve the request of the Smithfield Volunteer Fire Department to purchase in this capital budget a new ladder truck at considerable cost savings. // 14 Supervisor Bradshaw moved the Board .enter closed session under Section 2.2-3711 Al concerning two (2) personnel matters of evaluation. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. .Upon returning to open .session, Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Boazd 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 Boazd of Supervisors .that such. closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE TT RESOLVED that the Boazd of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only. public business matters .lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the .closed meeting were heazd, discussed or considered by the 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 (S-0) and no Supervisors voting against the motion. Supervisor Bradshaw moved the .Board increase the County Administrator's salary line item. as discussed in closed session. The motion was adopted witk Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. 11 11 15 II II i ~~ .~ 9o~K 2~ ~;:-:~~ X33 Supervisor Clark moved the -Board direct the Director of Planning and Zoning look at the proposal made by Grace Keen under Citizens Comments to implement a half mile radius for the historical zone designation and ensure that the Planning Commission includes this in their discussions with regard to the draft Zoning Ordinance and bring back to .the Board at its September 5, 2002 meeting a GIS of St. Luke's so that the Board can. review the area to determine what is located around St. Luke's at this time and further to look at the concerns expressed by Mr. Finderson regarding drainage and stormwater runoff under Citizens Comments and report back to the Board at its September 5, 2002 meeting to determine if there are any problems. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion- (5-0) and no Supervisors voting against the motion. // At 8:15 p.m., Supervisor Clark moved the Board adjourn its meeting. The motion was adopted unanimously (5-0). .Robert C. Claud, Sr., Chairman 16