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09-19-2002 Regular Meeting BOQK 2~ :a;,~~O REGULAR MEl/TING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVLSORS HELD THE NINETEENTH DAY OF SEPTEMBER 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 r i 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. // Supervisor Bradby delivered the invocation. f/ The Pledge of Allegiance was conducted. // Chairman Claud called for Special Presentations. Clifton Slade, Acting District Director for the Southeast District for Virginia Cooperative Extension, .formally introduced Glenn Rountree, the County's new Extension Agent, effective September 10, 2002. Jeff Shoemaker, YMCA, presented the revised plans for the proposed expansion and renovation of the YMCA Family Center facility in Smithfield. He noted YMCA staff will be meeting with the Town of Smithfield's Board of Historical and Architectural Review next Tuesday and is planning a neighborhood meeting in October, 2002 to share the plans with local residents surrounding the YMCA facility. Chairman Claud, on behalf of the Board, formally recognized Debbie J. Sivertson, Administrative Analyst, .for her work on the September 11, 2002 flag dedication ceremony at the James River Bridge. // 1 ,~ ,. 1 1 L .. ~i County Administrator Caskey stated the first Board report under. his section of the agenda. deals with a funding request from Fifth Judicial District Community Corrections and he would request the Board move this item up to this point on the agenda so that it can be addressed while Judge Harris is present. Supervisor Clark moved the Board amend the order of the agenda in order to address the first item under the County Administrator's report. The motion was adopted unanimously (5-0). David Taylor, Director of the .Fifth Judicial District .Community Corrections Program presented a funding request in the amount of $3,000 in the current fiscal year. Supervisor Clark moved the Board approve the request for funding in the amount of $3,000 for the current fiscal year and that such funds be taken from the County's General Fund Contingency account. 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 acknowledged his understanding .that a written agreement outlining the funding formula by the various localities will be prepared for future years so that each locality knows each year what it is responsible for in the way of funding. // Supervisor MacManus moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Claud indicated the following Consent Agenda included Items 2, A through D: A. Planning Commission Action List B. Landscaping .Plan for Boykin's Tavern C. Delinquent Real Estate Tax Collection Monthly Report D. August 15, 2002 Regular Meeting Minutes Chairman Claud asked if there were any items for removal. Supervisor MacManus requested Item "B" be removed.. from the Consent Agenda for further discussion.. Supervisor Bradshaw moved the Board approve Items "A' ; "C" and "D" of the Consent Agenda. The motion was adopted with Supervisors 2 Ea~~. 2~. ~N:::222 MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus stated he spoke with the Director of Tourism concerning Item "B" of the Consent Agenda, Landscaping Plan for Boykin's Tavern, who indicated that if the trees were cut flush with the ground it would .disturb the .ground underneath, but would still .enhance the view of the Tavern. He recommended sending .the matter to the .Advisory Committee to determine what trees should be cut flush with the ground while still. allowing them to continue work on their archeological plans. Supervisor MacManus moved the, Board request staff to convey to the Boykins Tavern Advisory Committee that it may wish to consider cutting any trees proposed to be removed down to the ground level with no digging involved. 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 A. Randolph, Planner, presented a request .from the Town of Windsor to close North Court Street, "A" Street, Duke Street and Church Street for a Homecoming Parade on October 11, 2002. Supervisor Bradshaw moved the Board approve the request of the Town of Windsor to close North Court Street, "A" Street, Duke Street and Church Street for a Homecoming Parade on October 11, 2002. 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 thanked the Resident Engineer for his assistance with the placement of the signage along Nike Park Road. He also requested the status of the Route 258 mailbox schedule. Mr. Randolph. advised there is an approved plan. from the district postal service for further widening certain entrances to allow mailboxes to be clustered. He stated he is in the .process of seeking additional. funds to complete the work and he will be requesting funding previously pre- allocated to the South Johnson Avenue project if the original estimate for that project. comes in under schedule. Supervisor Bradshaw inquired how the State budget crisis will impact VDOT. u 3 n 'i a~~~ 2.t .~~~~-??3 Mr. Neblett stated VDOT has. broken down the projects that can be accomplished in a two (2) year's, timeframe. He stated what remains to be determined is. once past the two (2) year's timeframe, how the funding will affect projects. in .the future. Supervisor Bradshaw inquired about the status of Pruden Road. Mr. Neblett stated Pruden Road is on schedule and will be advertised for construction bidding in November, 2002. Supervisor Bradshaw inquired. about the status of Duck Town Road and Whispering Pines Trail. Mr. Neblett stated environmental evaluations should be completed soon. He noted Whispering Pines Trail, due to the vertical rise and falls/alignment, will be accomplished with pave in place/rural rustic roads. Supervisor Bradshaw requested the status of the trash located on certain property in the Zuni area. 1 Mr. Neblett stated he would check with the VDOT Superintendent on this matter. Supervisor Bradshaw requested Mr. Neblett take appropriate action to correct flooding .under the railroad overpass on Carrsville Highway (Route 58 Business). Mr. Neblett replied he would address this concern. Supervisor Bradby inquired about the status of Poplar Drive. Mr. Randolph stated once the survey is prepared, it will be forwarded to VDOT to address any concerns that may arise. He stated the survey is anticipated to be complete by the end of 2002. Supervisor Bradby inquired about the status of South Shore Drive. n Mr. Randolph stated both surveys will be prepared simultaneously and it has not been determined whether staff will move forward with them as one (1) or two (2) individual projects. Supervisor Bradby inquired if the - depth of the waterline is not sufficiently deep, whose responsibility would this be? Mr. Randolph replied staff will be preparing a report on Rural Addition Roadways for the Board's October 3, 2002 meeting to address how to deal with such encroachments. 4 •, BOOM.- ~~ gip?"~~4 Chairman Claud requested Mr. Neblett continue with his efforts on Muddy Cross Road. Supervisor Bradby requested stone be placed at the First Gravel Hill Church in Rushmere on the cemetery side of the parking area. Mr. Neblett stated he .would request stone be placed at the entrance between the edge of the road and the back of the pipe. ` Sharon Hart reported that an accident has occurred at the curve on Sugar. Hill Road at the entrance to the proposed Founder's Pointe Subdivision. Michael Uzzell requested a school bus stop sign. be replaced on Central Hill Road just beyond his driveway where one had previously been removed. He requested a traff c sign be installed at the sharp curve on Bowling Green Road in Orbit. .Supervisor Bradshaw noted that the list prepared by staff referencing. road concerns of Board members is missing several issues and needs to be updated. // Chairman Claud called for Citizens Comments. .Sharon Hart of the Newport. District stated developers of Founder's Pointe have been allowed to do timbering operations for profit. She recommended that the Water Quality Impact Assessment (WQIA) should contain a statement specifying there will be no timbering operations in the buffers designated by the locality, the Department of Environmental Quality and .the Corps of Engineers and the outer perimeter of property line towards the property owners. She stated the culvert under Sugar Hill Road at the entrance should be enlarged to address some of the excess drainage as only 63% of the. property will drain into storm ponds. She stated there are two (2) culverts located an private property that should also be enlarged. She stated a number of the residents.. of Carrollton are recommending that Carrollton be designated, as the "Carrollton Community" and Eagle Harbor be omitted. Grace Keen thanked those. who participated in the September l 1, 2002 flag pole dedication ceremony at the James River Bridge. She specifically recognized Debbie Sivertson, Mr. Godfrey with VDOT and Mr. Fisher. Chairman Claud thanked Mrs. Keen and the Beautification Committee on behalf of the Board .for their work in this effort. 5 ~ _ -- • - 11 ~I ~eo~~ ~~ .~::-225 Mrs. Keen recommended that a remembrance garden be planted in each voting district in the County. 1 // Chairman Claud called for the County Attorney's report. County Attorney Crook stated each Board .member has been provided a copy of the utility easement for the Town of Windsor waterline over .the property occupied by the Windsor Volunteer Rescue Squad. He recommended the .Board approve the Deed and authorize the Chairman to sign it on behalf of the County. Supervisor Bradshaw moved the Board approve the Deed 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. 1 County Attorney Crook stated his ofI"ice has prepared a Deed. of Trust and Deed of Trust Note for the proffers of the Michael F. Carpenter property on Sugar Hill Road and he recommends the Board approve the Deed of Trust and authorize the Chairman to sign it on behalf of the County. Supervisor Clark moved 'the Board approve the Deed of Trust 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 advised he had several matters for closed session later in the meeting. // Chairman Claud called for the County Administrator's report. 1 County Administrator Caskey presented a resolution to encourage the United States Congress to appropriate funds for the removal of the James River Reserve Fleet which he recommends the Board approve. Supervisor MacManus moved the Board adopt the following Resolution: RESOLUTION TO ENCOURAGE THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS FOR THE REMOVAL OF THE JAMES RIVER RESERVE FLEET 6 eooN 2~. ~;;: ~~6 WHEREAS, the James River Reserve Fleet, commonly, known as the "Ghost Fleet" is moored on the James River between Isle of Wight County ..and Fort Eustis; :and, WHEREAS, the Reserve Fleet consists of 97 ships, 71 of which the United- States Maritime Administration considers obsolete and has scheduled to be scrapped; and, WHEREAS, the Reserve Fleet holds 7.7 million gallons of oil and fuel according to the latest government estimates; and, WHEREAS, the Reserve Fleet poses a serious and increasing environmental threat to the Hampton Roads region according to a 2002 report created for the United States Maritime Administration; and, WHEREAS, a large. oil or gas leak would heavily pollute the waters, shores, beaches, and wetlands of Isle of Wight County, and other jurisdictions along the James River,. causing significant environmental damage; and, WHEREAS, the .environmental risk is heightened by the threat of storm or hurricane related damage that could cause the release of toxic and _ ~ hazardous materials into the water. and onto the shores of the coastal communities along the banks. of the James River; and, WHEREAS, the United States Congress has recognized that the James River Reserve. Fleet poses an ecological and economic threat to the Hampton Roads Region and has ordered the Maritime Administration to .remove the fleet by 2006. NOW, .THEREFORE, BE IT AND. IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia- urges the United States Congress to appropriatethe necessary funds for the removal of obsolete, and environmentally hazardous .vessels from the James River Reserve Fleet, in order to protect the waters, shores, beaches, and wetlands of Isle of Wight County and other jurisdictions along the Jarnes River from significant ecological damage. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey stated Supervisor. Bradshaw's term on the VACo Board of Directors representing Region 1 expires this year and he would recommend the Board adopt a resolution supporting him to remain a member of the VACo Board of Directors. Chairman Claud moved the Board adopt the following Resolution: 7 n ' es~% 2~ ~ ?~7 RESOLUTION TO SUPPORT PHILLIP A. BR~.DSHAW FOR THE VACo BOARD OF DIRECTORS WHEREAS, Mr. Phillip A. Bradshaw has served on the Isle of Wight County Board of Supervisors since January 1994 and; WHEREAS, Mr. Bradshaw has served on several other local and regional boards and commissions during his tenure on the Board of Supervisors; and, WHEREAS, Mr. Bradshaw currently represents Region 1 as a member of the VACo Board of Directors and has diligently served in that capacity since January 2000; and, WHEREAS, Mr. Bradshaw desires to continue to serve as a member of the VACo Board of Directors. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia fully supports the efforts of Mr. Phillip A. Bradshaw to remain a member of the VACo Board of Directors. The motion was adopted (4-0) with Supervisors MacManus Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining from voting. County Administrator Caskey stated four (4) major items have been deleted from the Board's 2003 Legislative Priority List and inserted one (1) item dealing with the Preservation of Local Zoning .Powers. He requested the Board discuss and provide staff with further direction: Supervisor MacManus suggested staff set up a meeting with .the County's General Assembly representatives after the election in November, 2002. Supervisor Bradshaw recommended .that the Director of .Social Services be included, as well as representatives from the school. He requested that the Board's request for a Social Services building and Health Department facility be included in the Priority List. Supervisor MacManus recommended that the School Superintendent and Chairman of the School Board be invited to the Board's meeting with the General Assembly representatives.. Supervisor MacManus moved the Board direct staff to list. the Cigarette Tax, E-911 .and Preservation of Local Zoning Powers as the Board's top three (3) priorities in a letter under the signature of the 8 BD~N 2~ -~ : ??8 Chairman. to be submitted at the meeting of the High Growth Coalition in Richmond. 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 staff set up a meeting between the Board and the County's General Assembly delegation after the election in November, 2002. He requested staff add the Board's request for a new Social Services building and Health Department facility. He requested a specific item be listed relative to the JLARC study and list the amount of funds that the State has decreased. the County over the last two (2) years that had to be made up by local funding as an introductory item (how. the shortage of funding and additional mandates are impacting the County). . Supervisor MacManus recommended the Director of Social Services and the- Superintendent of Schools be invited to the .meeting with -the General Assembly delegation. Jonathan W. Hartley, Director of Planning and Zoning, presented the Water Quality Impact Assessment (WQIA) of .the Founders' Pointe Development. He stated the Planning Commission recommended approval of this item. He stated he would also recommend approval with the conditions recommended by staff that it be approved with the understanding that all BMPs .and associated surface and subsurface piping structures be maintained by the property owners; that .staff establish a method for determining maximum coverage allowed on each lot; and, that signs be established to mark the wetlands and RPA buffers. Supervisor Clark moved the Board approve the WQIA with conditions recommended by staff, as follows: 1) that it be approved with the understanding that all BMPs and associated surface and subsurface piping structures be maintained by the property owners; (2) that staff establish a ' method for determining .maximum coverage allowed on each lot; and, (3) that signs be established to mark the wetlands and RPA buffers. ,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. Donald T. Robertson, Assistant County Administrator/Director of Human Resources, presented a request of Gene Crabtree, Southampton Roads Resource Conservation and Development Council, for the Board's authorization of the Chairman to sign a statement in support of the reapplication submitted by that agency for the coming fiscal year. 1 Supervisor Bradshaw moved the Board authorize the Chairman to sign a statement in support of the reapplication to be submitted by that agency for the coming .fiscal year. The motion was adopted with Supervisors 9 -- r so~~. 2~ ~??9 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). // Chairman Claud called .for a public. hearing on the following: A. Notice of Proposed Real Property Tax Increase Anne F. Seward, Director of Budget and Finance, stated the law requires that the tax rate be rolled back as a result of the recent reassessment to produce no more than 1 % increase in revenue. She stated .the proposed would effectuate a $.09 increase in the tax rate to balance the budget of $1.7 million dollar balance from the County's fund balance.. Chairman Claud called for citizens to speak in favor of or in opposition to the proposed Notice. Gene Lowery, Chairman, Isle of Wight County School Board, stated the School Board voted to .uphold a referendum of over $900,000,000 for public institutions of higher learning, as well as voted to recommend a Transportation Referendum..He stated the Board also voted unanimouslyto uphold the County's tax increase due to cutbacks in State and Federal funding for education. Leland Beale of Southampton County stated that a .500 acres tract he owns in the County was assessed with a 50% increase. He requested the Board consider whether or not the County really has to have a tax increase. He suggested the Board determine the amount of revenue that will be produced and set the budget accordingly. He requested the Board keep in mind what is happening in the County and southeastern Virginia and set the tax rate at $.66. Volpe Boykin of Walters stated he added up the taxes he pays and found they equated to over 50% of what he makes. He stated Virginia has a statute that when taxes. go up, the tax rate goes down and more statutes like this .are needed. He stated he does not know of any person who believes more taxes are needed. He stated the County has. a deficit of $1,700,000 because it chose to. He stated he does not owe anyone anything because. he is willing to wait for what he wants before he buys it and. he watches his money. He stated he believes the County should watch the citizens' money. 10 eo~~. 2~ -;,~; ~~~ Tommy Jones stated he lives in the Newport District and does -not know what he receives for his taxes. He stated he would like to retire in the County, but he can't stand its tax increases. He stated he was willing to wait for what he wanted until he had the money to pay for it. He stated he recently inherited a small amount of land in South Carolina and asked if he would be retiring here or would he have to go to South Carolina and. begin all over again. He asked the Board to examine. whether the County really needs these taxes. Sharon Hart of Carrollton stated her property taxes increased 33%. She stated the newspaper indicated that there was a 12% increase .overall, but she is looking at a 33% increase and she would like the Board to take another look at it. Chairman Claud closed the public hearing and called .for comments from the Board. Chairman Claud stated when the Board adopted the budget for the current year, it cut approximately $5.8 million from. the requests. He stated when the Board was reviewing the School budget, the initial amount proposed by the Board was not adequate to meet the schools' needs. He stated the Board had citizens requesting the Board provide adequate funding for the School Board so that the School Board would not have to get ride of teachers and could increase teachers' salaries. He stated the Board responded to that request by increasing the schools' request: He stated the. Board members are a conservative .group and evaluated the needs of the County and acted accordingly: He stated this Board is aware of what is going on in the agricultural community and this Board has agreed to pay the full salary for a County Extension Agent and the Board deleted the Machinery & Tools tax on farm equipment in an attempt to help the agricultural industry. He stated the land use value for open land in the County will be an actual 28% reduction as land use value for open land prior to this assessment was $620 an acre and with the reassessment it is $460 an acre. He stated no member of the Board wants to raise taxes, but he thinks the Board .members are elected to do what is responsible and he thinks the Board has no choice but to go .forward with the $.75 as proposed if the County is going to provide the needed services that the citizens expect. County Attorney Crook advised that this public hearing is required by Section 58.1 3321 of the Code Virginia and it is because of the reassessment and the increase of funds from last year's tax rate and the Board needs to adjust .the rate to meet its. obligations. He stated he has .prepared an ordinance to amend the County's tax levy ordinance which would be advertised for public hearing at the. Board's October 17, 2002 meeting. Supervisor Bradshaw stated he has never been in support of increased .taxes. He stated he felt the Board could have done other things to avoid a tax increase. He stated the County lost approximately $3 million in funding 1 1 11 r. . r! ao~w 2~' .~; ?31 from -the. State over the last two (2) years that must be made up by local funds. He stated even though the County lost this State funding, the County can not cut out. programs that are mandated by the State. He stated the. Board learned from the Virginia Department of Transportation Resident Engineer tonight that the State has spent Federal money the County had for the maintenance of roads. He stated even though the Board is reducing the current tax rate from $.77 to $.75, he would like to see it reduced further. He stated every locality in the State of Virginia has had to raise taxes this year with a majority of the localities looking at another increase in taxes next year. He requested County citizens send their concerns to the members of the General Assembly. He requested the local newspapers emphasize that it is the State that is not doing its job so that the citizens can be better informed. Supervisor MacManus moved the Board advertise the ordinance to set the tax rate at $.75 per $100 for public hearing at the Board's October 17, 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 a public hearing on the following: B. The request of Darrell S. Daniels for an exception to Section 5002 C (2) of the Chesapeake Bay Preservation Area Ordinance to .allow encroachment down to seven (7) feet in the Resource Protection Buffer of one hundred feet. Said property is known as lot 16, James Landing Neighborhood, Gatling Pointe Subdivision, Smithfield in the Smithfield Election District. Chairman Claud called for persons to speak in favor of or in opposition to the. proposed application. Rick Small of York County, on behalf of Mr. Davis who was representing Darrell S. Daniels and who was unexpectedly called out of state, requested that the matter be tabled until the .Board's October meeting so that he could be present. County Attorney Crook advised that the application would have to be readvertised and the Board could ascertain if there are persons present tonight who wanted to speak regarding the application if they can not attend the October meeting. Chairman Claud called for persons to speak that know they can not be present at the Board's October 17, 2002 meeting for public hearing. ..Supervisor Clark stated he is not receptive to tabling the application as Mr. Small has just now come to the Board this evening to request that the 12 application be tabled which he does nat think is fair to the citizens who have come to speak about the application tonight. Mr. Small stated he could proceed with making the presentation as Mr. Davis has provided hire with his notes on the matter. Mr. Small stated the lot under discussion is number 16 located in Gatling Pointe. He stated the lot area is .43 acre and the applicant -has decreased the footprint of his proposed home.and proposes a three (3) story. He stated the entire. lot is encompassed in the 100 foot Chesapeake Bay Preservation Area.. He stated Gatling. Pointe is an established subdivision built in 1988 prior to any of the Chesapeake Bay ordinances. He stated Mr. Daniels will install additional BMPs to include woody vegetation and infiltration ditches. He stated Mr. Daniels has also removed one (1) of the decks on the back of the house. He stated all decks will be raised and treated. Supervisor Bradshaw inquired if any additional information can be presented besides what was presented to the Planning Commission. Mr. Small stated he could not add any additional information at this time as Mr. David briefed him only on the issues discussed tonight. Jack Currence of 202 James Landing Circle in the Gatling Pointe. Subdivision stated the lot is not buildable. He .noted that the drawing presented is incorrect and the Board is being mislead. He requested the Board deny the application. David Rudd of 212 James Landing Circle in the Gatling Pointe Subdivision stated the lot is too small to build. a house on, especially with the Chesapeake Bay Act and protection of the water. Elizabeth Robinson of 205 James Landing Circle in the Gatling Pointe .Subdivision presented a petition containing the signatures of thirty- two (32) other residents who are opposed to the request' for an exception.. She. stated the wildlife and surrounding waters need protection and approving this request would set a precedent for others. Nancy Guill of Rescue stated this lot should never be built upon and should have never been platted. She stated the least amount of rain will flood this home and this is a case where the Board. needs to save this applicant from himself. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board deny the request of Darrell S. Daniels. The motion. was .adopted with Supervisors MacManus, Bradby, 13 1 !. ~o ~or.~ 2~..~.~:.?_33 Bradshaw, Clark .and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Chairman Claud called for a public hearing on the following: C. The application of Robert W. and Terri Jones for a Conditional Use Permit to occupy a mobile home temporarily, up to two (2) years, while. building a single family residence on approximately twenty-eight (28) acres of land located on the north side of Buckhorn Road (Route 610) which is located approximately .3 mile south of its intersection with Sunset Drive (Route 609) in the Windsor Election District. Chairman Claud .called for persons to speak in favor of or in opposition to the application. William Jones of Suffolk stated he wants to place a trailer on this property temporarily while he builds his house beginning next Spring. Chairman Claud closed the public hearing and called for comments from the Board. 1 Supervisor Bradshaw moved the Board approve the application of Robert W. and Terri Jones. 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 James D. Whitley to amend the land- use designation in the County's Comprehensive Plan from Conservation Development to Planned Industrial for 7+ acres located on Carrsville Highway (Route 58) northeast of Green Oaks Lane. 1 Chairman Claud called for persons to speak in favor of or in opposition to the application. Patrick J. Small, Director of Economic. Development, stated the omission of this. property from the County's Comprehensive Plan. in the Development Service District. was an oversight both on the part of the Planning and Zoning Department and the Economic Development Department. He stated this is one (l) of the few marketable vacant industrial buildings in the County and it has an historic use for industry. Chairman .Claud closed the public hearing and called for comments from the Board.. 14 80~~ 2~ .~ : ?3~ Supervisor Bradshaw moved the Board approve the application of James Dt Whitley. 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. An Amendment to the Comprehensive Land Use Plan for Isle of Wight County to Establish Village Center and .Community Boundaries and Revised Community Descriptions for the Communities. of Rescue, Rushmere and Zuni. Beverly W. Walkup, Senior Planner, stated a three (3) Citizen .Committee was appointed for each village center. She stated the mission of the Planning Commission was to assist each Committee with staff also working with each Committee to propose draft boundaries which were presented to the larger community after an advertised community meeting. She stated all communities endorsed the boundaries although there were modifications made for each of the village centers and community boundaries. She stated the amended descriptions and maps have been made available to he public. . In discussing the Rescue boundary, Chairman Claud inquired what is the significance of the community boundaries as they relate to any action the Board may or may not take in the future. Ms. Walkup replied .that the .area .contained in the community boundary outside of the village center retains a rural agricultural conservation designation by the Comprehensive Plan which is a limited growth area. She stated it does not .have any .legal basis, but rather establishes a sense of place for those residences living outside of the small village center boundary. In discussing the Rushmere boundary, Supervisor Bradby noted that roadways versus .property lines would be more easily identified if used for boundary lines. He specifically cited that the Burwells Bay Road. and the Sunry County line would be easily identified as boundary lines if used. Ms. Walkup stated the reason for following property lines is because on one (I) side of the road residents would.. be excluded from the community. . Supervisor Bradby inquired if once the boundary lines are agreed upon would .there be .signs identifying the radius of the communities. Ms. Walkup stated staff has discussed signage, as well as signage to identify the historic areas, but it has not. been decided how boundary lines l 1 15 will actually be identified. She stated the Beautification Committee is discussing signage although the particulars are yet to be worked out. In discussing the Zuni boundary line, Supervisor Bradshaw inquired if the Zuni home is included. Ms. Walkup stated the Zuni home is not included and the boundary line stops at the first entrance on Sand Pit Road. Supervisor MacManus inquired if staff anticipates any concern when the community boundary is developed for Walters. Ms. Walkup stated the community boundary has been proposed for Walters and there is no conflict. Ms. Walkup noted that staff is recommending that the Resolution to Adopt the Amendment to the Comprehensive Plan not be adopted by the Board until all of the eleven (11) village centers have been developed.. She stated the Board could accept the boundaries discussed tonight and they will be set, but the actual- adoption of the Resolution should be done at the end of the entire process which will be a cleaner process and the Amendment happens only one (1) time. Chairman Claud called for persons to speak in favor of or in opposition to the Amendment. Nancy Guill of Rescue thanked the Board for its help, encouragement and support, as well as .Planning & Zoning staff, particularly Beverly Walkup and Tevya Williams who were very helpful and nice. She stated the next step for staff is to develop a village .plan that states that construction outside the village in the community retains the look and feel and makes a nice transition between the actual village and into the community. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the following Amendment to the Comprehensive Land Use Plan for Isle of Wight County to Establish Village Center and Community Boundaries and .Revised Community Descriptions for the Communities of Rescue, Rushmere and Zuni: Rescue This historic coastal village began as the subdivision of a farm in 1882. Because of its location on the eastside of the. Jones Creek, approximately one-half of a mile from its mouth, it soon became a thriving .harbor and a commercial dock for watermen engaged in fishing and oystering. 16 The Jones Creek separates Rescue from Battery .Park and .Smithfield. As folklore has it, Rescue. got its name because it was difficult to get mail to Rescue, which was delivered by mule and on a certain occasion, as the mule appeared in the fishing village, someone yelled. that the mail had been "rescued". With construction of the Rescue Bridge, connecting Rescue and Battery Park, the task of mail delivery was made easier, as well as travels to and from Smithfield. Prior to the construction of the bridge~the residents had to go either by boat to .Smithfield or drive the long way around by Titus Creek and Fulgham's Bridge. The location of the ~ bridge marks a historic location with the first bridge being constructed around 1913. The history of the. bridge should be preserved as integral part of Rescue's history. The bridge from Rescue to Battery Park is slated for re-construction beginning in 2002. Rescue continues to retain the .character of a close-knit rural fishing village and the integrity of this character is intended to be protected in delineating this Village Center. Within the Village Center are homes, two marinas, a restaurant, post office, and a community center (formerly the old Rescue school constructed in 1925, which currently serves as the meeting place for the Rescue Community League and Ruritan Club). There are also two historic churches located just outside of the Village Center boundaries, Riverview .United Methodist Church (founded in 1887) and the Friends Church (founded in 1913). The Village Center boundaries are shown on Map The map also shows the boundaries of the larger Community of Rescue, which begins at the intersection of Boundary Road and Smith's Neck Road and encompasses lands north and east to the James River, and west to the Jones Creek. Historically, .Boundary Road has always -been the dividing line separating .the Rescue community from the Carrollton area. The historical boundary was used for documenting birth certificates, as well as for school districting. The Jones Creek Boat Landing located at the end of Boundary Road is located in the Rescue Community. Rushmere As the northwestern gateway into the County on Route 10, the Rushmere Village is an important area, which requires careful consideration in terms of land use.. Originally, Rushmere was named Fergurson's Wharf, after the large wharf built by a lumber businessman in the late nineteenth century. A bogie railroad track was built to .transport lumber from the end of Track Lane to the wharf on the James River at the end of Ferguson's Wharf Way, marking this crossroad at Old Stage Highway as a historic location in Rushmere. The old post office and general store were also. located at this intersection and the Rushmere Volunteer Fire Department was constructed there in 1990. 17 90~r. 2~. 'r t ~•J~ Although there is no longer any public access to the. wharf and the old post office .and general have since closed, the historic significance of this intersection remains and should be preserved. The Village Center boundaries have been .designated slightly north of the historic crossroad and are reflective of commercial activity that has developed at the. intersection of Fort Huger Drive (Rt. 676) and. Old Stage Highway (Rt. 10) with the location of a convenience store and the higher density residential development that exist in this area.. A car wash is also proposed at this location and just north of the .convenience store, approximately forty-two (42) acres of .vacant land is zoned for more residential development. New development should be guided to areas off of Route 10 to create a more centralized and cohesive community and avoid the problems associated with strip development..The old school site is also located within the area of the Village Center boundaries, which presents an opportunity for cultural preservation: The Village Center boundaries are shown on Map and a star has been marked to identify the historic area. The map also shows the boundaries of the larger Community of Rushmere, which are mainly representative of the boundaries delineated by the .Census Bureau designating Rushmere as a census designated place. fl The Community borders the Surry line and extends approximately .4 mile south of the intersection of Burwells Bay Road (Rt. 621) and Old Stage Highway (Rt. 10), encompassing the Burwells Bay area. The first known recorded history in the Isle of Wight County was noted to have occurred in the Rushmere Community when Captain John Smith stopped near Burwells Bay to trade beads with the Warrosquoyake Indians for food to save his starving colonists. The post office at Rushmere was first located at Burwells Bay as indicated by records dating back to 1834, and the first formal gardens in Virginia were located at a spot in Burwells Bay called "Shoal Bay", where the lawn terraced down to the beach. In the 1920's, the Burwells Bay area. thrived as a small resort with a dance .pavilion built over the water and contained- a public acre along the deep waterfront of the James River where people could swim and have church picnics. The public acre, called "The Arce", still exists and is now used for family retreats. Presently, Burwells Bay contains several homes, a restaurant, and a general store. The history of the Burwells Bay area should also be protected and preserved, and .careful consideration should be given to any development proposed in the area to maintain the character of the existing community.. Rushmere has traditionally been home to many watermen who conduct fishing and oystering activities from the Tyler's Beach Boat Harbor, located further north along the James River. A County-owned boat ramp has been constructed. and the harbor and channel have been dredged through the 1990's. Additional dredging is needed and will be undertaken by the United States Army Corps of Engineers once a suitable disposal site is established. I8 BOOM 21 ~~~~`~~C7 Tyler's Beach remains an important harbor -for watermen from throughout the region.. Two (2) historic forts are located in ..the Rushmere Community, Fort Boykin .used during the Revolutionary War and Fort Huger used during the Civil War. Both forts are owned operated by the County and are open to the public. Zuni Zuni, first established in 1870 as "Zuni Station", was a train. stop. along the Norfolk Southern Railroad (formerly Norfolk and Petersburg Railroad). As a result of the excellent farmland in the surrounding area, Zuni has traditionally had a large peanut market- and at one time a peanut factory. Local farmers used the train stop to transport bacon, fruits, vegetables, peanuts, and lumber. The word "Station" was dropped in 1880. This farming. community is located six miles west of Windsor near the Southampton County border and continues to maintain railway access via the Norfolk. Southern Railroad and has primary highway transportation access along .Route 460. As one of the gateways to the County, it is important that the form and appearance of new. development in Zuni be managed to ensure an aesthetically pleasing and functional community, which allows for the safe and efficient movement of traffic along Route 460. ..Existing land uses in the Village Center include homes, a post office,. dentist office, thrift shop, convenience store/gas station, and two (2) churches. The Village Center boundaries are shown on Map .The map also .shows the boundaries of the larger Community of Zuni, which are mainly representative of the. postal boundaries. " 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: F. An Ordinance to Amend the Tyler's Beach Boat Harbor Ordinance to Delete the Boat Harbor Committee Provisions Thereof County Attorney Crook stated a Boat Harbor Committee was organized to operate the Boat Harbor primarily for the fishermen in that area. He stated the State Department of-Parks and Recreation later added 19 .. . ,. BOOK ~~ f;;: ~+_7J 1 the boat ramp. He stated the Committee is now requesting the County take over the operation of this under the County Department of Parks and Recreation. He stated now it should be part of the County's. operation, control and administration. Chairman Claud called for persons to speak in favor of or in~ opposition to the proposed Ordinance. No one appeared. Chairman Claud closed the public hearing. and called for comments from the Board. Supervisor Bradby inquired if the commercial watermen would ever have to pay to stay. in the harbor. He stated he would not want to see the watermen have to pay to stay in the harbor because the original intent of the harbor was to provide a safe refuge for the watermen to store their .boats.. County Attorney .Crook stated the Ordinance does not -say the watermen will or will not pay a fee, rather it is up to the County to decide if a fee. will be charged. 1 Supervisor Bradby moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE TYLERS BEACH BOAT HARBOR ORDINANCE TO DELETE THE BOAT HARBOR COMMITTEE PROVISIONS THEREOF WHEREAS, the Board of Supervisors of Isle of Wight County, .Virginia, created the Tylers Beach Boat Harbor and designated a boat harbor committee to administer the provisions of said Ordinance regulating said boat harbor; and WHEREAS, there is no longer a need for a boat harbor. committee as the County now has a Department of Parks and Recreation which manages the public facilities of the County; and WHEREAS, the boat .harbor committee. members have requested the Board of Supervisors turn the administration. and management of the boat harbor over to . the. Isle of Wight County Parks and Recreation Department for management and administration of said boat harbor. C THEREFORE, BE IT AND IT IS HEREBY .ORDAINED that the Tylers Beach Boat Harbor Ordinance of October 5, 1967, Chapter 16, Section 16.1 through16.8 of the Isle of Wight County Code be amended to read as follows: Tylers Beach Boat Harbor CHAPTER 16. 20 so~N -2~ r~; ~~ p TYLERS BEACH BOAT HARBOR. Article L In General. § 16-1. Establishment; purpose; regulations generally. § 16-2. Enforcement of chapter, etc. _. Article II. Administration. § 16-3. Generally. § 16.4. Powers and duties. .Article III. Use. § 16-5. Disposition of charges, etc. § 16-6. Landing or dock. § 16-7. Permits. § 16-8. Unlawful. acts. Article I. In General. Sec 16 -1 Establishment• ~urpose• regulations generally. With the approval and assistance of the United States of America and the United States Army Corps of Engineers, Norfolk, Virginia, the parcel of land at Tylers Beach, in Hardy Magisterial District, County of Isle of Wight, State of Virginia, containing 4.85 acres,, more or less, in the aggregate, according to a survey thereof made by Roy Brinkley,. C. L. S. , on December 15, 1966, which was acquired from Ann C. Tyler, Grace H. Bradby, Eliza Hughes and ..others by the county, and all structures, buildings, landings, wharves, bulkheads, docks, piers, basins, channels, waters and all other facilities now on, or which may hereafter be erected, constructed or placed in and/or on such land, are hereby set .aside and established as and for a public boat harbor for use and occupancy by all commercial, recreational and pleasure -boats and vessels. The use, occupancy and operation of such boat harbor and its facilities shall be in accordance. with this chapter and such rules and regulation as may be made and promulgated with respect thereto by the Department of Parks .and Recreation of the County of Isle of Wight County, Virginia, which boat harbor and its facilities shall be open to all on equal terms.. The aforesaid boat harbor shall be known as the "Tylers Beach Boat Harbor." (10-5-67, §2.) Sec. ,16-2. Enforcement of chapter, etc.. ~, ,. ~. 1 ~i 11 21 R t 9 BQ~R l..r.L ~.~'t~ ~~ `Z~ 1 This chapter and the rules and regulations made by the Board of Supervisors of Isle of Wight County, Virginia .shall be enforced by the Department of-Parks and Recreation of the County of Isle of Wight, Virginia. Article II. Administration. Sec. 16-3. Generally. The administration and management of the Tylers Beach Boat Harbor shall be by the Department of Parks and Recreation of the County of Isle of Wight, Virginia. - Sec. 16-4. Powers and duties. The Department of Parks and Recreation for the County of Isle of Wight, Virginia, is hereby authorized and empowered: 1 (a) To manage, supervise and control the use, occupancy and operation of the boat harbor and its facilities pursuant to .this chapter and the rules and regulations made by the department; provided, that the department may, from time to time, appoint, designate and charge some person as its agent for such purposes who shall be responsible to and perform such duties and functions as required by .the department. and who may be paid such .compensation in such manner as the Board may determine. (b) To make any and all reasonable rules and regulations for the use, occupancy, operation, growth and development.. of the public boat harbor herein established and its facilities, including rules. and regulations, including fixing and determining; (1) Any and -all reasonable rates and charges .for the use, occupancy and operation of the boat harbor and its facilities, except and other than for the public landing and dock hereinafter reserved for general public use and occupancy as hereinafter provided for, by any and all kinds, types and sizes of boats and vessels; 1 (2) The kind, size and type. of boats and vessels which may use and occupy .the boat harbor and its facilities, the space or place in the boat harbor which may be used or occupied by any boat or vessel and when -and the period of time during which any boat or vessel may use or occupy such boat harbor. (c) From time to time, to alter, repeal or amend the rules and regulations, or any of them, made by the .department; provided, that -none of such rules and regulations, as originally made and as altered or amended, shall become effective and have the force and effect oflaw 22 R 904K ~~ ~„ ~ ~ ~2 until after they shall have been posted in full for thirty (30) days on the property, which rules and regulations shall be filed with and made available by the board of supervisors as a public record. (10-5- 67, § 4.) Article III. Use. Sec. 16-5. Disposition of charges. etc. The amount of all rates, charges and revenue of every kind due .for the use, occupation and operation of the boat .harbor and its facilities and for any and all business or activity .conducted in connection with the use, occupation and operation of the boat harbor shall be collected by and paid to the County's agent. The amount of all such rates, charges and revenue so collected shall be applied by the Board or its agent to the payment of the costs and expenses of the operation of the boat harbor and its facilities. The net balance thereof shall be paid to the county treasurer not later than the thirtieth day of June in each year. (10-5-67, § 5.) Sec. 16-6. Landing ar dock. The- landing or dock at the north end of the basin of the boat harbor is hereby reserved, established and declared as and for a public. landing and dock for general public use and occupancy by any and all boats and vessels without any charge therefor and which shall be so identified by appropriate signs; provided, that such use and occupancy of such public landing and dock shall be subject to and regulated and controlled by this chapter and the rules and regulations of the Board; and provided further, that wharfage for in- or out-bound cargo placed on the public landing and dock and the wharfage for all boats and vessels thereat shall not exceed the time fixed by the Board, without charge, and cargo and boat wharfage charges for. the use and occupancy of such public landing and dock in excess of the time fixed by the Board shall be fixed by the Board agent. (10-5-67, § 6.) Sec. 16-7. Permits. All persons desiring to use and occupy the boat harbor or its facilities or any part thereof shall make application for a permit therefor in writing to the. Department of Parks and Recreation of Isle of Wight County, Virginia, or its agent upon .forms provided by the Department of Parks and Recreation of Isle of Wight County, Virginia, showing the name and address of the applicant, the kind, type and size of the boat or vessel of the applicant, the .kind and type of use or occupancy desired by the applicant and the period of time for which such use. and occupancy is desired and, upon receipt. of a proper application, the payment of all rates and charges required by this chapter or the rules and regulations of .the Department of Parks and ,. 23 R s 800N ~~ ~,..::24J 1 Recreation of Isle of Wight County, Virginia, ..and evidence of compliance by the applicant with this. chapter. and such rules and regulations, the Department of Parks and Recreation of Isle of Wight County, Virginia, or its agent shall- issue. such permit to the applicant.. Such permit shall be retained by the Department of Parks and Recreation of Isle of Wight County, Virginia, and no such permit shall be issued until all rates and charges required by this chapter or such rules and regulations have been paid. The Department of Parks and Recreation of Isle of Wight County, Virginia, upon refusal to issue such permit, shall forthwith notify the. applicant in writing of such refusal and the reasons therefor. From the date of such written notice of refusal to issue such permit, the applicant shall have ten days in which to make written appeal to the board of supervisors, setting forth in detail the facts relating thereto and. the particular errors alleged to have been made by the Department of Parks and Recreation of Isle of Wight County, Virginia, or its agent in refusing to issue such permit. ~ The board of supervisors shall then set the matter for a hearing, giving at least ten days' written notice to the applicant of the time and place of the hearing. Upon being refused such permit by the board of supervisors, the applicant may, within thirty days from the date of the adverse ruling and decision of the board of supervisors, petition the Circuit Court of the county for review. A copy of such petition shall be served on the chairman of the board of supervisors and the County's Attorney of the county not later than five days from its return date, (10-5-67, § 7.) Sec. 16-8. Unlawful acts. It shall be unlawful and constitute a violation of this chapter for any person: (a) To use or occupy the boat harbor or any of its facilities without first obtaining a written permit from the duly authorized agent of the county or its agent and paying the amount of the rates and charges to the duty authorized agent of the county. (b) To erect, construct or place any .building, structure, landing, wharf, dock, pier, pole, walkway, projection or other facility in the waters of the basin or channel of the boat harbor or within the bulkhead line thereof or on the land or property adjacent to or abutting on the basin or channel thereof without first obtaining a written permit from and as prescribed by the Department of Parks and .Recreation of Isle of Wight County, Virginia or its agent. (c) To deposit, sink or place or cause or permit to be .deposited, sunk or placed in the waters of the boat harbor, its basin or channel, or along the shores thereof or in any of the streams or ditches emptying therein, or on any of the land adjacent. or contiguous to and 24 0 80QK ~~ R~•;'~~4 abutting on the boat harbor or its facilities, its basin or channel, any .refuse, .offal, waste matter, earth, oil, liquid, animal, fish, vegetable matter, barge, scow, boat, ship, vessel, any other watercraft, trees, timber or logs, or any other substance,- thing, matter or material that may injuriously affect .the sanitary, clean, safe, orderly and proper condition, use, occupancy. or operation of the boat harbor, its waters • and facilities; to fail forthwith to mark the waters of the boat harbor at the place where any of the foregoing items, things or materials are located with a buoy or other discernable warning device in the daytime and. with a lighted lantern or other discernable lighted or flare ..device at night; to fail to maintain such marks and warning devices until such times, things and materials are removed therefrom; and to fail to .forthwith .commence and to continue without any interruption the removal therefrom of any of the aforesaid items, things or materials. (d) To operate .any boat or vessel entering, leaving or moving in, on or about the waters of the boat harbor at a speed in excess of five miles per .hour or to operate any boat or vessel in, on or about such waters at a speed or in a manner so as to create a swell that may injure other boats, .vessels or other watercraft anchored, tied up or attached to the boat harbor or its facilities or plying or moving in, on or about the waters of-the -boat harbor or at a speed or in a manner so as to endanger or injure the life, limb or property of any persona (e) To anchor, moor, tie up, dock, place or attach any boat, vessel, ship, barge, scow or other craft at any place, space, dock, pier, point or location or in ,any manner other than that designated, prescribed, located and authorized by the Department of Parks and Recreation of Isle of Wight County, Virginia, or its agent or to stop, pass or interfere with any boat, vessel or other craft in the waters of the boat harbor in such manner as to prevent, obstructor interfere with .the- movement, passage, approach, berthing, anchoring, mooring, docking or placing of other boats, vessels or craft, except when .specifically authorized by the Department of Parks and Recreation of Isle of Wight County, Virginia, or its agent or to utilize, use or occupy any bulkhead, landing, pier, space, dock or place inside the waters of the basin and .channel of the boat harbor without first obtaining the written permit therefor from. the Department of Parks and Recreation of Isle of Wight County, Virginia, or its agent. (f) To fail to forthwith remove any boat, vessel or cargo from the boat harbor and its .facilities when ordered to do so by the Department of Parks and Recreation of Isle of Wight County, Virginia, or .its agent for such cause as may be deemed proper by the Department of Parks and Recreation of Isle of Wight County, Virginia,. or its agent or to fail to remove any boat, vessel or cargo therefrom for ..non-payment of rates and charges. 25 1 1 ,. .. 804N. 2~ ,~:~~c~ 1 (g) To permit or allow any boat, .vessel or cargo owned,. controlled or in his. custody to remain at or on the aforesaid. public landing or dock herein reserved for the general public use and occupancy without charge and to fail to remove such. boat, .vessel or cargo therefrom after the expiration of the period of time fixed by the . Department of Parks and Recreation of Isle of Wight County, Virginia, for such use and occupancy without charge and such cargo, boats and . vessels shall remain on and at such public landing and dock at the expense and risk of the consignee, owner, bailee or custodian thereo€ (10-5-67, § 8.) 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: G. Resolution Amending the Articles of Incorporation of the Western Tidewater Water Authority 1 Chairman Claud stated the amendment adds non-potable water, as well as potable water. He stated the members of the Authority did approve the Resolution which must also be adopted by the City of Suffolk and Isle of Wight County. Chairman Claud called for persons to speak in favor of or in opposition to the proposed Resolution. No one spoke. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt. the following Resolution: RESOLUTION AMENDING THE ARTICLES OF INCORPORATION OF THE WESTERN TIDEWATER WATER AUTHORITY 1 WHEREAS,. the Board of .Supervisors. of Isle of Wight County, Virginia, having previously created the Western Tidewater Water . Authority: with the City of Suffolk, has .determined that non-potable water, including reclaimed water, should be encouraged for- all future industrial uses where practical, and that the Western Tidewater .Water i Authority should be empowered to develop non-potable water supplies for industrial or other non-potable uses. , ~I ~~~ 26 '~ B49M 2~. ~M~:E~~U NOW, THEREFORE, be it RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that paragraph (4) of the Articles of Incorporation of the Western Tidewater Water Authority is hereby. amended as follows to expand the purpose ofthe Authority to include provision of non-potable water as well as potable water: (4) The Authority is formed for. the purpose of acquiring, financing, construction, leasing, operating and maintaining facilities for the production, impoundment, treatment and transmission of potable and non- .potable water, Those facilities may include, but not be limited to, sources of water supply, water intakes, reservoirs, filtration and purification plants, pumping stations, transmission lines, storage facilities and all other facilities deemed appropriate for fulfilling the purpose of the Authority together with all appurtenant equipment and appliances necessary or suitable therefor and , all properties, rights, easements or franchises relating thereto and deemed necessary, convenient or appropriate by the Authority for its operation. The Authority shall have all of the rights, powers and duties applicable to water authorities as set forth in Chapter 51, Title 15.2 of the Code of Virginia and any acts amendatory. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Bradshaw moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0) // Chairman Claud called for Old Business. A. Resolution of Support for the General Obligation Bond Referendum for Parks Supervisor MacManus moved the Board adopt the following Resolution: RESOLUTION OF SUPPORT FOR THE GENERAL OBLIGATION BOND REFERENDUM FOR PARKS WHEREAS, the Virginia General Assembly has authorized that a General Obligation Board referendum to provide funding for park facilities throughout the Commonwealth of Virginia be included on the November 2002 ballot; .and, 27 ,. rj 90^K ~~ ,.~~~7 1 WHEREAS, funding may be available to expand the Antioch Pine Natural Area Preserve located in Isle of Wight. County; and, WHEREAS, this preserve, located south of Zuni along the Blackwater River, presently contains 400 acres and is only accessible by arrangement with the steward; and, WHEREAS, the Antioch Pine Natural Area Preserve is described as a "Mature loblolly pine-turkey oak woodlands and three rare plants on sandhills along the Blackwater River"; and, WHEREAS, without funding from the proposed General Obligation Bond important natural resources such as the Antioch Pine Natural Area Preserve will be detrimentally impacted. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia urges support of the General Obligation Bond referendum for parks projects. throughout the Commonwealth of Virginia. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor. of the motion (5-0) and no Supervisors voting against the motion. B. Resolution of Support for the Higher Education General Obligation Bond Referendum County Administrator Caskey noted that before the Board is a replacement Board report and revised Resolution .correcting the erroneous resolution contained in the agenda. Supervisor MacManus moved the Board adopt the following revised Resolution, as presented: u RESOLUTION OF SUPPORT., FOR THE HIGHER EDUCATION GENERAL OBLIGATION BOND REFERENDUM WHEREAS, the General Assembly has adopted legislation to authorize the issuance of Commonwealth of Virginia General - Obligation Bonds in an amount not exceeding $900,488,645 for, the 28 s 80~M 2~ "~~8 purpose of ..financing the cost of capital projects for educational facilities; and, WHEREAS, the proposed General Obligation Bonds. contain funding that will enable Paul D. Camp Community College to move forward. with important capital projects; and, WHEREAS, the Virginia General Assembly. has authorized that a General, Obligation Bond referendum to provide said funding for capital projects at institutions of higher .learning throughout the Commonwealth of Virginia be included on the November 2002 ballot. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia .urges support of the General .Obligation Bond referendum for the purpose of financing the cost of capital projects for educational. facilities throughout the Commonwealth of Virginia. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no .Supervisors voting against the motion. E. Wayne Rountree, P.E., Director of Public Utilities, stated pursuant to the Board's direction staff has developed a set of water ..connection fees relating to commercial, industrial and institutional water customers. He stated staff has surveyed and received the rate structures .from several communities in cases that apply to commercial, industrial and institutional. He stated staffhas developed three (3) options for the Board's consideration. Supervisor MacManus stated he did not have a concern on the rates, rather he was concerned to ensure that the commercial enterprises that were being proposed for the County were not being. driven out by a misinterpretation of the County's residential rate fee structure. Supervisor Clark explained if a developer is considering building a hotel, the Board would like to have water rates similar to surrounding jurisdictions so that the County appears fairly competitive. Patrick J. Small, Director of Economic Development, stated the County's current ordinance causes the. Director of Public Utilities to have to .interpret each.. application he receives based on its equivalency to a residential unit. He stated the Director of Public Utilities. is requesting the Board establish a separate class of meter rates for commercial, industrial and institutional, leaving the residential rates alone. Supervisor Clark stated the. County is competing with the City of Suffolk and he believes the County should set its fees just under Suffolk's which will allow the County to still be competitive, yet pay its debt. 29 1 1 R tl eo~M 21 >r : 2"~ Chairman Claud stated he understands the residential rate, but he is not clear how the rates will be applied for commercial and industrial 1 Supervisor MacManus recommended setting the County's rate close to .that of Suffolk's.. He stated the rates must be defendable from .a cost basis and he believes that based on the debt the County is carrying, the rates could be easily defended. Supervisor Bradshaw pointed out that the rates are the same .for all business, regardless of size. He stated the County is encouraging larger businesses and discouraging the small private enterprises that are family run or owned. Mr. Rountree stated the majority of all connections the County will get will be family run businesses and the Board can leave .all these :rates at $4,000. Chairman Claud requested the Director of Public Utilities provide the Board with a modified ordinance with recommended water connection fees for the Board's consideration at its October 3, 2002 meeting. // Chairman Claud called for New Business. Supervisor MacManus inquired if the County had a noise ordinance for residential sections of the County. He noted he has received calls from County residents advising that construction is beginning before dawn, in residential neighborhoods. County Attorney Crook advised Supervisor MacManus that: the County has an ordinance in effect which is the responsibility of the Sheriffs Department to enforce.. Supervisor MacManus requested the Director. of Public Utilities provide the Board members a copy of the water sewer report issued by Draper-Aden. // Supervisor Bradshaw requested a closed session under Section 2.2- 3711 Al of the Freedom of Information Act concerning a personnel matter. Chairman Claud requested a closed session under Section 2.2-3?11 Al of the Freedom of Information Act concerning a personnel matter and under Section 2.2-3711 A7 concerning a contractual matter requiring advice of counsel. 30 eoo~ 2~. -~~:-?~ 0 1VIr. Small requested a closed session under Section 2.2-37.11 A7 of the Freedom of Information Act concerning advice of .counsel on legal matters that require legal advice and under Section 2.2-3711. AS concerning siting of a prospective business or industry where no previous location has been cited. Supervisor Clark requested a closed session under, Section 2.2-3711 Al of the Freedom of Information Act concerning a personnel matter and under Section 2.2-3711 A7 concerning .advice of counsel with regard to potential litigation. County Attorney Crook requested a closed session under Section 2.2- 3711 A7 of the Freedom of Information Act concerning three (3) matters involving legal advice regarding contract negotiations; under Section 2.2- 371.1 A7 regarding two (2) matters involving legal .advice .regarding litigation matters; under Section 2:2-3711 A3 involving acquisition of property for public use for advice of staff: County Administrator Caskey requested a closed session under Section 2.2-3711 A7 concerning a contractual matter requiring advice of counsel; under Section 2.2-3711 Al regarding two (2) personnel matters; under Section 2.2-3711 A7 regarding a matter involving potential acquisition of property for public .use; and, under Section 2.2-3711 ~A7 involving a matter of potential litigation requiring advice of counsel. Supervisor Bradshaw. moved the Board enter closed session .for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session, Chairman Claud 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 aft'irmative 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 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 1 31 n ~o~N 2~ . ?~1 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. // Supervisor Bradshaw moved the Board approve the authorization. of up to $100,000 expenditure from the Economic Development Reserve fund as .outlined by the Economic Development Director. 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 concerning the motion he made at the Board's last meeting to send a letter to the City of Virginia Beach stating the Board would approve the Resolution to Support the East Coast Placement of Super Hornet Aircraft at NAS Oceana if the City would support the County's resolution concerning a cigarette tax, he thought about this subsequently and requested the County Administrator not. write the letter until after the Board's meeting tonight. He stated he thinks the Board will be better served to approve the Resolution submitted by the City of Virginia Beach and ask for their mutual support of the cigarette tax as the County's good faith act. Supervisor Bradshaw stated he could not support Virginia Beach's request for the East Coast Placement of Super Hornet Aircraft at NAS Oceana as he believes the City of Virginia Beach should support the County. Supervisor MacManus moved the Board adopt the Resolution to Support the East Coast Placement of Super Hornet Aircraft at NAS Oceana and that the County Administrator send a letter under the Chairman's signature requesting the City of Virginia Beach's .mutual support of the County's efforts to have the General Assembly adopt legislation to amend Section 58.1 - 3831 of the Code of Virginia so as to allow all counties in 32 e eoa~ 21-~ ~ ~2 Virginia the enabling authority to levy a tax on the sale and use of cigarettes. The motion was adopted (4-1) with Supervisors MacManus, Bradby, Clark and. Claud voting in favor of the motion and Supervisor Bradshaw voting against the motion. Supervisor Clark stated Michael Alexander has advised that he will be able. to continue serving on the .Planning Commission. Supervisor Clark moved -the Board rescind the action appointing him to serve on the Planning Commission to replace Michael Alexander. The motion was adopted with Sup~,rvisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. . Supervisor Clark moved the Board rescind the acceptance of the resignation of Michael Alexander from the Planning Commission. 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 Clark moved the Board authorize the retainer agreement for the County Attorney after his term ends as full-time 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. . Patrick J. Small, Director of Economic Development, reported Cost Plus World Market held their Corporate Board meeting in the County today.. Chairman Claud requested the. Director of Economic Development- encourage Cost Plus to hold a tour or ribbon-cutting ceremony at its distribution facility. // Supervisor Clark moved the Board adjourn at 10:30-p.m. The motion was adopted unanimously (5-0). _G~~ ,~ Robert C. Claud, Sr., Chairman W. Dou as key, C .. ~~ 1 1 33