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04-17-2003 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY $OARD OF SUPERVISORS HELD THE .SEVENTEENTH DAY OF APRII. IN THE YEAR TWO THOUSAND AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sr. Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant .County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman MacManus called the meeting to order at 6:00 p.m. /f Supervisor Claud delivered the invocation. I/ The Pledge of Allegiance was conducted.. f/ Chairman MacManus :called for approval of the agenda, County Attorney Stroman requested that a closed session be added concerning legal advice on the request of NVC Associates, L.L.C., listed as Item (L) under the Public Hearing section of theagenda.. County Attorney Stroman requested that the Carrollton Fire Station Renovation and Expansion project, listed. as Item (C) under Old Business, be removed, as the contract has .not been executed by the contractor. He noted that he intended to bring this issue back to the Board for consideration at its May 1, 2003 meeting. . Supervisor Clark requested two (2) closed session matters be added .concerning advice. of counsel on potential litigation. Supervisor Claud moved the Board approve the. Agenda, as amended. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, -and no Supervisors voting against the motion. 1 n se~~ 2~ r~~-~~9 u Chairman MacManus called for Special Presentations. Supervisor Bradshaw moved the Board adopt a following Resolutions .Recognizing and Congratulating John Block; Thomas Green, II; Geoffrey Hendricks; and, Scott Riley for Achieving the Rank of Eagle Scout and-presented them on behalf of the Board: RESOLUTION TO RECOGNIZE AND CONGRATULATE JOHN BLOCK FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, John .Block is a .member of Boy Scouts of America, Troop #7 and a resident. of Isle of Wight County; and, WHEREAS, Mr. Block has achieved the rank of-Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Block for his achievement. -NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the. County of Isle of Wight,. Virginia that John Block is recognized and congratulated for achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE THOMAS GREEN, li -FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Thomas Green, II is a member of Boy Scouts of America, Troop #36 and a resident of Isle of Wight County; and,- WHEREAS, Mr. Green has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate. Mr. Green for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors. of .the County. of Isle of Wight, Virginia that Thomas Green, II is recognized and congratulated for achieving the rank of ~ ~ Eagle Scout. t RESOLUTION TO RECOGNIZE AND CONGRATULATE GEOFFREY HENDRICKS FOR ACHIEVING THE RANK. OF EAGLE SCOUT ,. 2 y~ ~®~« 21.~~~~70 WHEREAS, Geotl"rey Hendricks is a member of Boy ~ Scouts of America, Troop #7 and a resident of Isle of Wight County; and, WHEREAS, Mr. Hendricks has achieved the rank of Eagle Scout;: and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Hendricks for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia than Geoffrey Hendricks is recognized and congratulated for achieving .the rank of Eagle Scout.- RESOLUTION TO RECOGNIZE AND CONGRATULATE SCOTT RILEY FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Scott Riley is a member of Boy Scouts of America, Troop. #3 and a resident of Isle of Wight County; and, WHEREAS, Mr. Riley has achieved the rank of Eagle Scout; and, - WHEREAS, the Board of Supervisors wishes to recognize and . - congratulate Mr. Riley for. his achievement. -NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Scott,. -Riley is recognized and congratulated for achieving the rank of Eagle Scout. .The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the .motion. David Morrison, Virginia Department of Social Services, briefed the Board (NOBS) on the Federal Revenue Maximization Program (REVMA~. He stated VDSS would be .assisting the County in identifying potential costs currently being spent on at-risk children in order to provide federal revenue as a 50% match in ,funding. He stated VDSS requires a .contract, with individual localities, and the County will be required to submit a plan, most likely prepared by the Director of Social Services, on issues within .the County to explain how the funds would be spent to address these issues. He stated the plan would . then be submitted to and approved by the Commissioner of VDSS. He stated VDSS also requires that the cash received by the County be used to enhance or expand human service activities. He stated if the County chooses to supplant local funding, .approval must first granted from the Department of. Social Services. He stated if the County wishes to use these funds to retain employees with 3 services currently being provided, the County -must make a request for an exception to use these funds. - Supervisor Claud -noted that .the agreement contained in the agenda stipulates that funds must be utilized. to enhance existing programs or fund -..new programs; however,- Mr. Morrison has .suggested that the funds can be applied to existing programs. He further noted that if the funds are utilized to enhance existing programs or new .programs, this could mean that additional employees may be needed to implement -these programs in the Department of Social Services. Mr. Morrison stated the agreement stipulates that the program is for enhanced or expanded service activities. He stated the Commissioner has, however, relaxed the .rules with respect to supplanting, meaning that the County. could use the funds to make up the difference. He stated. there currently is a one (I) year exception basis, which he anticipates, will change. He advised that the new agreement was updated in January, 2003 and does stipulate that the funds must be used to enhance and expand, unless. the locality has an exception to supplant existing funding.. - // Chairman MacManus indicated the Consent Agenda (Item 2) included the fallowing items: A. Strategic Plan of Action, Section 7.D.2 -County Street Map Update ~ B. Strategic Plan of Action, Section 7.D.3 -Conduct Survey of County.Departments to Identify Needs and Desires I C. Selective Enforcement Grant Resolution- D. DEQ/Public Notices for April 7, 2003 E. Actions of the Isle of Wight County Planning Commission I Meeting. of April 8, 2003 - F. The request of Historic St, Luke's Restoration to install a "SSJA" logo, 12" by 18", on their. existing entrance sign at 14477 Benn's Church Boulevard, Smithfield, in the Newport Election District, which is .located in the St. Luke's Historic District t G, Delinquent Real Estate Tax Collection Monthly Report H. March Z0, 2003 Regular Meeting Minutes ... z~ ~ 4 - ~.. eooN 21:::.572 L March 24, 2003 Continued Meeting Minutes Chairman MacManus asked if there were any items for removal. .Supervisor Bradshaw moved the Board remove Item ~C) as recommended. by the County Administrator and adopt the remaining items t on the Consent Agenda.. The motion was adopted by a vote. of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey distributed copies of a Resolution to Authorize Submission of a Grant .Application .and to Accept and Appropriate Funds from the Virginia Department of Motor Vehicles which was not available at the time the agenda was developed. Supervisor Clark moved the Board adopt the following Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate. Funds from the Virginia- Department of Motor Vehicles, and that the data included in the agenda under "Milestones" be changed to reflect October, 2003 rather than October, 2002: RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT . APPLICATION AND TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES WHEREAS, Isle of Wight County is eligible to apply for Highway Safety Project. Grant funding from the Virginia Department of Motor Vehicles; and, WHEREAS, the funds in the amount of ten thousand - dollars ($ 10,000) or so much as shall be received from the Virginia Department of Motor Vehicles, need to be accepted and appropriated to the FY2003-2004 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY .RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia .has authorized -the submission of an application for Highway Safety Project ..Grant Funding from the Virginia Department of Motor Vehicles. BE IT FURTHER RESOLVED that grant funds in the amount often thousand dollars ($10,000) or as much as shall be received from the Virginia Department of Motor Vehicles, is to be accepted and appropriated to the FY 2003-2004 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the .appropriate accounting adjustments and to do all things necessary to give this resolution effect. 5 _. ~_ e~o~ ~21 ~~ ::~ 573. The motion ,was adopted by a vote of (5-0) with Supervisors: MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for Transportation Matters. James A. Randolph, Planning and Zoning, noted that the quarterly meeting with , the Virginia Department of .Transportation District Administration is scheduled for Monday, April 28, 2003 at 1:30 p.m. in Boykin's Tavern. He requested the Board members advise him of any changes in the draft agenda. Supervisor Claud requested that staff delete .Item (B), Secondary, under Current and Future Projects,.. on the draft agenda for the VDOT District-Administration quarterly meeting. Mr. Randolph referenced the information. contained in the agenda with respect.. to the Rescue. Bridge (Route. 704) project. He -noted the VDOT Resident Engineer is present .and prepared to address, the Board on this issue. MacFarland Neblett, VDOT Resident Engineer, referenced a letter from Mr. Randolph to himself, dated April 4, 2003 providing clarification as to the Board's previous motion at their meeting on April 3, 2003. He notified. the Board that VDOT-does not recommend a redesign of the bridge at this time. He stated .speed limit signs less than. 25 mph -are not enforceable; VDOT right-of--way personnel are in the process of determining .:any compensation to be made to Mr. Carter with respect to loss of visual pleasure and other pleasures he .currently enjoys with his property; and, that VDOT environmental personnel are working to determine a plan to mitigate the negative aspects to Mr. Carter's property. Joseph Lomax, Project Engineer, VDOT, advised. the Board. that an additional $340,000 is estimated in order to drop the speed limit to 25 mph. He stated it would also drop the bridge .height .approximately fifteen (l5) inches in .front of Mr. Carter's property. Supervisor Clark inquired when VDOT became aware that the fill height was different than the artist's rendition. Mr. Neblett replied in late `summer or early Fall of 2001, -after the public hearing; however, no one realized at that time what the effect would be on Mr. Carter's .property. 6 ,~ g eooM 2~ ~.:-~74 County Administrator Caskey requested that Mr. Neblett share the cost estimates with the VDOT personnel responsible .for .performing the evaluation of the cost impact to Mr. Carter's property. Chairman MacManus noted the Board would be anticipating feedback from Mr. Neblett at the Board's May l , 2003 meeting with .respect to mitigation. issues and compensation to Mr. Carter. Supervisor Clark inquired from the contractor, Bruce Jones, if he agreed with the estimates of the VDOT Project .Engineer, to which Mr. Jones replied `des." . Responding to Supervisor Clark's inquiry as to the status of the ditching efforts along Route 17 at Merritt Cove, Mr. Neblett noted he would pass .along Supervisor Clark's request to the VDOT maintenance manager for his handling... Nancy Guill, representing the Rescue Community League, passed along a request of the Rescue Community League for the County to sponsor a survey to be distributed to -all residents of Rescue and Battery Park seeking. their input on what they-want. the County and the Community League to pursue with VDOT with respect to the Rescue Bridge project (Route 704). She recommended that the survey be returned to the Rescue Community League's post office box for tabulation and that she report back to the Board at its May 1, 2003 meeting as to what the community wishes to do. Supervisor Clark noted he would address. the Rescue Community . League's request under New Business. Joe Ferguson, President of the Historical Society, notified the Board that there are approximately five (5) large cast iron Virginia Department of Transportation. historical markers down. Supervisor Clark moved .that the Board direct- staff to contact the Historical Society to determine the location of the downed signs and. that this information be provided to VDOT .with the request that VDOT respond as to why these markers are down .and when they are expected to be reinstalled. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion, and no Supervisors voting against the motion. Supervisor.Bradby notified Mr. Neblett about the .need for re-ditching work on Rattlesnake Road. Linda Farmer reiterated her opinion that VDOT should be responsible .for any cost associated with a redesign of the Rescue bridge; requested that VDOT change the landscape of the land since it can not make the bridge fit the community; and, request that VDOT ensure that the. drainage problems ,~ sooK 21 ~af:-575 occurring in other areas. do not occur in the Rescue area. She. read a letter .from her mother to .the VDOT Resident Engineer expressing her opposition - to the proposed bridge.: William Carter noted he had recently contacted VDOT in .Richmond and was advised that he .would be contacted by a representative of VDOT in the near future. He noted he has yet to be contacted. Chairman MacManus requested that Mr. Neblett follow up with Mr. Carter on his contact with VDOT representatives in Richmond. John Perry of Rescue repeated his request that the.. bridge be designed for the 25-mph speed limit because of safety concerns. He inquired if an option exists to forego the federal portion of funding. He stated VDOT gave that community an indication of how the. bridge would be built, and any. additional cost to redesign the bridge should be assumed by VDOT. He recommended that VDOT include an active speed Limit sign along the ~ bridge. . // 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). /1 Chairman MacManus called for a public hearing on the following: A. Proposed FY2004-08 Capital Improvements Plan (CIP). Anne. F. Seward, Director of .Budget and Finance, presented- the ..proposed capital improvement-planning document for FY2004-08 in the .total amount of $34,625,500. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed .CIP. Thomas Finderson suggested school items :for the southern portion of .the County be added (expansion. of the Windsor High School or School Board building)to the CIP to allow the County o collect full proffers. a t County Attorney Stroman advised that thz County's proffer policy is reasonable and legally defensible, as now written. Chairman MacManus closed the public. hearing ..and called for comments from the Board. S ,. A~~~ ~S lnriV~6` County Attorney Stroman stated. development in the northern- portion of the County drives readjustment of school boundaries, and the County has some existing indebtedness relating to schools in the southern portion of the County. He stated he does not believe Mr. Finderson's concerns impair the integrity. of the County's proffer policy or the CIF. Supervisor Bradshaw pointed out that cash proffers are recorded on a magisterial district basis, not an election district basis, ,and there would never be any proffers recorded in the Carrsville district because it is an election district, not a magisterial district. County Attorney Stroman advised that the County's CIP program is consistent with, and compares favorably with, the policies of many of the County's sister communities. He noted that the CIP is a good program and legally defensible. r Supervisor Claud moved the Board take action on the CIP at the Board's May l , 2003 meeting. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and. Claud voting in favor of the motion,. and no Supervisors voting. against the motion Chairman MacManus called for a public hearing on the' following: B. Proposed FY2003-04. General Operating and Capital Budget. Mrs. Seward presented the proposed. FY03-04 General Operating and Capital .Budget in the total amount of $66,062,048. She noted also advertised for public. hearing tonight is the proposed E911 Central District Budget in the dotal amount of $693,499. Mrs. Seward. stated the proposed budgets have been advertised o maintain alI the tax rates currently imposed by the County. Chairman MacManus .called for persons to speak in favor of, or in opposition to, the proposed General Operating and Capital Budget. William E. Laine, Jr., Clerk of Circuit Court, requested that the County fund a position in his office for a-one (1) year period. He stated he previously appeared before the Board to advise that due to State budget reductions, a position within his office would be eliminated. He stated the Board decided to defer.. his request until after the General Assembly session and the position within his office was terminated in November, 2002. He stated his office is-now closed to the public at 3:30 p.m. to allow existing staff extra time to maintain the flow of office work. He stated he is hopeful that the General Assembly will restore this position next year, and when this happens, the Board would no longer be asked to fund the position. He stated his earlier letter to the 9 n .^ eoe~ 21 ~~~577 Board identified sources of either .increased revenue or reduced expenses that would- offset the County's funding of this position. Sheriff Phelps requested that his. budget request be funded in full by the. County. He requested. funding. for an additional six (6) deputy positions; increase in his part-time funds- to utilize staff to .assist with data -entry only if the County does not fund an additional Clerk's position .that is requested in the budget; increase in his advertising line item; additional; funding in the telephone line item to cover. purchase and monthly -cost for cellular telephones and voice mail for Sheriff's Office personnel; that the Board. table his request for additional funding under Special Investigations line item to cover: the crime. program ($15,000); additional funding for the Crater Criminal Justice Aeademy line item; additional funding under equipment for the .replacement of four (4) computers and printers; and, an additional increase in the vehicle line item to accommodate one: (1) additional .vehicle over his previous .purchase level, with the .understanding .that if funding is .approved for additional deputy positions, this line item would be increased accordingly- by the., same number of deputies approved. He noted he is requesting funding in the amount of $152b million, less $ l 5,000 for .the crime program. He requested ,that the Emergency - Services budget for the Sheriff's Office be funded as requested. He noted the only increase is for the purchase of a cell phone .for. the Emergency Services Coordinator. He also requested that the Board. fund the Emergency Communications Center budget in the full- amount of $796,974. Thomas Finderson .requested $15,000 be placed in the Social Services budget for emergency assistance to citizens. Supervisor Bradshaw advised Mr. Finderson that -his request would be . considered at the next Social Services Board meeting. ..Chairman MacManus closed the public hearing and called for comments fromthe Board..- Supervisor- Claud moved the Board deliberate. over. the items presented and table action until the Board's May T, 2003- meeting.. In the interim, should any Board member need additional information concerning any of the requests, that staff be directed to have this information for-the Board's .consideration at its May 1, 2003 meeting. The motion was adopted by a vote of (5-0) with- Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, -and no Supervisors voting against the motion. ._ 10 . w, eo~r 21-Mr578 Chairman MacManus requested Supervisor Clark discuss with the Clerk of Circuit Court his request for a position in his oi~ice and report back to the, Board at its May 1, 2003 meeting. Chairman MacManus called for a public hearing on the following: C. An Ordinance to Amend Chapter I5, Taxation, Article II, Real Estate Taxes to Provide ,for Biennial General Reassessment of Real Estate.. County .Attorney Stroman stated that pursuant to -Board direction, included in the agenda for public hearing is an ordinance to move toward with a biennial general reassessment of real estate. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed ordinance. No one appeared Chairman MacManus closed the public hearing .and called .for comments from the Board. - Supervisor Claud moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, AR'T'ICLE Tl, REAL ESTATE TAXES TO PROVIDE FOR BIENNIAL GENERAL REASSESSMENT OF REAL ESTATE .WHEREAS, the Board of Supervisors of Isle of Wight .County, Virginia has considered the need to change. the frequency of general real estate reassessments from every four years to every two. years; and WHEREAS, the Board of Supervisors concludes that such biennial .real estate ,reassessments will result in less dramatic changes in assessed value for citizens than a four year assessment cycle; and WHEREAS, the Board of Supervisors also concludes that biennial real estate assessments will result in higher revenue because new construction will be included in the reassessment cycle more quickly; and WHEREAS, Code of Virginia Section 58.1-3253 (1950, as amended) authorizes counties to enact an ordinance. authorizing biennial real estate reassessments. NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 15, Taxation, Article II, Real Estate Taxes, be amended to read as follows: lI x eo~K 21.~~:-579 ARTICLE II. Taxation. Section .15.1-6.2 -Biennial General Reassessments of Real Estate Effective June 30, 2004, general reassessments of real estate shall be conducted biennially. . The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the. motion, and no Supervisors voting against the motion: Chairman MacManus called for a public hearing on the following: D. 2003-2004 Secondary Roads Construction Budget Priority Plan. Mr: Randolph noted that the proposed Plan allocates $1,357,934 for the upcoming fiscal year,. and includes regular construction projects; unpaved construction projects;. debt service; and, incidentals, which include . signs, plan reviews, and driveway entrances. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed Plan. No one appeared. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw requested: VDOT provide a cost report containing an expense column to the Board illustrating budgeted or allocated funds on projects.. Supervisor Claud moved .the Board adopt: the 2003-2004 Secondary Roads Construction Budget Priority Plan.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark .and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman MacManus called for a public hearing on the following:: E. Six Year (2003-2009) Secondary Improvement Priority Plan fora.- Isle of Wight County. Mr. Randolph stated the Plan provides funding for paved and unpaved roads, and includes the. new VDOT Rural .Rustic Program that will be effective- July 1, 2003. He stated the Plan also includes additional drainage " funds per the Town of Windsor's request. 12 .` DOnK ~~ ~''"~~7V Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed Plan. No one appeared. Chairman MacManus closed. the public .hearing and called .for comments from the Board. Supervisor Claud noted that a Mr. Diggs, a citizen in his district, had expressed a desire to be in attendance tonight, although he did not see him present. He noted that the Plan includes all paved. roads to be paved, which includes. Muddy Cross Road. Supervisor Claud requested that the .start date for Maple Lane, shown as August l 7,-2004, reflect an amended date of August 22, 20Q3. Supervisor Claud moved that the Board adopt the Six-Year Secondary. .Improvement Priority .Plan for FY2003-2009 with Mapte Lane amended to reflect August- 22, 2003 as the construction bid date. The motion .was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors- voting against the motion. Chairman MacManus called for a public hearing on the following: F. The request of the Carrsville Volunteer Fire Department to hold the "2003 Shrimp Feast" on Saturday, May 10, 2003 from 4:00 p.m. until 9:00 p.m. at the Carrsville Volunteer Fire Department (Station 20) which is located. at 6201 Carrsville Highway, Carrsville, in the. Carrsville Election District. Chairman MacManus called for persons to speak in favor of, or in opposition to, the request.` No one appeared. Chairman MacManus closed the public hearing and called ,for comments from the Board. Supervisor Bradshaw moved the Board approve the request of the Carrsville Volunteer Fire Department. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no'Supervisors voting against the motion. Chairman MacManus called for a public hearing on the following: . G. The application of Charles Taylor Darden for a Conditional Use Permit to utilize existing peanut drying shelters for mini storage 13 _ eooK .21-,;~~58 on nine (9) acres of land located at 14'121 Darden Lane, Smithfield, in the Windsor Election District. Chairman MacManus called for persons to speak in favor of, or in opposition to, the application. Charles Taylor Darden requested the Board approve his application. Chairman MacManus closed the public hearing and called .for comments from the. Board. " Supervisor Claud moved the Board approve the application of Charles Taylor Darden. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark. and Claud. voting in favor of the motion, and no Supervisors.voting against the motion. .Chairman MacManus called: for a public hearing on the following: H. The application of T. A. Powell for a change in zoning " classification from RAC to Conditional Rural Residential of 22.165 acres of .land located on the west side of Bows and Arrows Road (Route 641 }adjacent to 25640 Bows and Arrows Road, Zuni, in the Carrsville Election District. The purpose of the application is for single-family residential. Chairman MacManus called ,for persons to speak in favor of, or in opposition to, the application. - ~ Mr. T. A. Powell requested the Board approve his application. Chairman MacManus closed the public hearing and. called for . comments from the Board. Supervisor Bradshaw moved the. Board approve the application of T. " A. Powell, as conditioned. The motion -was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against -the motion. Chairman 1V1acManus called for a public hearing on the following: I. The .application of Marion C. and. Joyce U. Neighbors for a change in zoning classification from RAC to Conditional Rural Residential of l.6 acres of land located at 22431 Thomas Woods Trail, Zuni, in the Carrsville Election District. The purpose of the application is for single-family residential. Chairman MacManus called for persons to -speak in favor of, or .in opposition to, the application. l4 ~, ~eo~~ 21 ~*~:-~3? Mr. Marion C, Neighbors requested the .Board approve his application. Chairman MacManus closed the public- hearing and called: for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Marion C. and Joyce U. Neighbors, as conditioned. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman MacManus called for a public hearing on the following: J. An Amendment to the Comprehensive Land Use Plan to change the land use designation of approximately three (3) acres of land owned- by David A. and Amy M. Stoup to Business and Employment as designated in the Newport Development Service District Land Use Plan. Said Land is located on the north side of Brewers Neck Boulevard (Route 258) .between Slant Drive (Route 670)- and Booker T. Drive in the Newport Election District. Chairman .MacManus called for persons to speak in favor of, or in opposition to, the Amendment. Mitchell Wilcox, Engineer with Commonwealth Engineering, noted he prepared the. plan for the applicant. and he .would be present to address -any questions from the. Board.. Chairman MacManus closed the public- hearing -and called for comments from the Board Chairman MacManus noted that there was unanimous support by the Planning Commission to approve .the Amendment. ' Supervisor Claud moved the .Board approve the Amendment ao the Comprehensive Land Use Plan to change .the land use designation of _ approximately three (3) acres of land. owned by David A. and Amy M. -Stoup to Business .and Employment as designated in the Newport Development Service District Land Use Plan. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the .motion. Chairman MacManus called for a public hearing on the following: K. The application of David A. and Amy M. Stoup for a change in zoning classification from RAC to Conditional General IS _ , eo~~ 21 >r':~583 ' Commercial of 2.64 acres of land located on the. north side of Brewers Neck Boulevard (Route 258) between Slant Drive (Route 670) and Booker T. Drive in the Newport Election District.. The purpose- of the application is for general .commercial uses as conditioned.. Chairman MacManus called for persons. to speak in favor. of, or in opposition to, the application. Mr. Wilcox, on behalf of the applicant, offered. to answer: any questions presented by the Board. Chairman. MacManus closed the public hearing and called for .comments from the Board. Mr. Hartley noted that the permitted uses are listed on -the March. 12, 2003_ list. Supervisor Bradshaw inquired if these permitted uses are conducive to ' that area and are what the Board has previously indicated it wants to see on that particular road frontage. Chairman MacManus noted a concern with the sale of mobile homes being a permitted use. He further noted that the Board may wish to not accept some of the proffered potential uses.. County Attorney Stroman advised that the proffer for these uses has the effect of an amendment to the Zoning Ordinance and, they would have the force of .law, He stated the Code of Virginia specifies that the proffers must be submitted in writing prior to -the commencement of the public hearing before the Board. He stated the Board could table the matter until ..the Board's May 1, 2003 meeting, at-which time the Board could direct staff to advertise the matter for the Board's May 15, 2003 meeting, which would allow .time for interaction to occur between staff and the applicant to determine if the applicant wishes to amend the proffers. He stated it is also within the Board's power to not accept a proffered condition. Supervisor Clark moved the Board table- the. application of David A. and Amy M. Stoup for a change in zoning classification from RAC to Conditional- General Commercial of 2.64 acres of land located on the north side of Brewers Neck Boulevard (Route 25.8) between Slant Drive (Route. -670) and Booker T. Drive in the Newport Election District until the Board's May 1, 2003 meeting to discuss areas of concern with respect to .uses and that it be readvertised for .public hearing by the Board at its May 17, 2003 meeting. The County is to absorb the cost of readvertisement. The motion was. adopted by a vale of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors.. voting against the motion. :~ 16 x w aoox 21.~f584 Chairman MacManus called for a public hearing on the following; L. The request of IWC Associates, L.L.C. to. include tax map .parcels 23-01-043, 23-01-044, 23-01-045, 23-01-076, 23-01- 077B, 23-01-78 and 23-01-083 in the Newport Development Service District. The Land Use designation. of Suburban Residential of approximately 519 acres of land and Business and .Employment of approximately 12.5 acres of land are being requested.. Said tax parcels are located. on east and. west sides of Smith's Neck Road (Route 665) north of Boundary Road and south of James. River Drive in the Newport Election District. Mr. Hartley stated for the .Board's consideration is an amendment of the Comprehensive Plan to .change. the. policy document that guides the County. He stated that this application would not change the zoning of the property. He noted the applicant did withdraw the Wilkerson farm from his request during the Planning Commission hearing. Supervisor Bradshaw noted that while the applicant did withdraw the Wilkerson farm- from his application at the Planning Commission meeting, the Board of Supervisors did advertise it as being part of the application. As a result, the Wilkerson farm would still be a part of .the public hearing tonight,- and the applicant should have made a formal withdrawal in writing. to .the Board prior to the public hearing tonight if he wished to withdraw it. County Attorney Stroman advised that the applicant could proceed. tonight on the public hearing, as advertised, or change the application. and readvertise it for public hearing at a later date. William K. Riddick, Attorney .for the applicant, stated the applicant wishes to proceed with the expressed intent to withdraw the Wilkerson farm. County Attorney Stroman stated that due to there being a number of citizens present for this public hearing,. it would be his recommendation to • conduct the public hearing pursuant to the advertisement. Chairman MacManus called for persons to speak in favor of, or in opposition to, the request. Attorney Riddick stated the applicant .wishes to extend the County's water and sewer lines. to property located on Smiths Neck Road. He stated his applicant does not intend to include the Wilkerson .farm in his application; however, the applicant is .requesting .that the commercial property known as Don's Market be .included in the application He stated the property, when rezoned in 1986, .was .referred to as the Crown .Creek property .and was conditioned that -the property would have no more than 250 single family. homes and 90 townhouses located thereon to be built with 17 eo~~ 21,M;~-535 u on-site water and sewer. He stated there is water .and sewer located nearby now and technology relating to on-site sewer systems has improved dramatically. He stated he believes the reason this property was unattractive in the past is because of the cost of constructing an on-site system. He stated on-site systems are now more affordable and the demand for land and the- cost of lots has risen, making it now a very feasible. project. He stated staff has advised him that in order to extend the utilities, it would be necessary to .extend the Development Service. Distr-ict to include this property. He stated in so doing, the applicant can proceed with a change in zoning classification, to include proffers, .and also permit the .extension .of the utilities.. He stated utilities should be extended to that property because the connection to a central sewer system is vastly superior from an environmental standpoint, :and it would bring economic impacts to the County through connection ..fees and cash proffers. He stated- the previous . 1.986 zoning included no cash proffers; no water or sewer; and, no infrastructure to benefit the County. He stated the current proposal includes the extension of 2.5 miles of water and sewer lines with an approximate value of $2.8 million; cash proffers; the collection of tap fees;..and, the County would own the- system. He stated there is a potential benefit to the . County of $5 million dollars. He stated. the residents see this as a growth .issue, but the decision. to develop this property was made in -1986, and the question now is how can the land be developed. He stated the. applicant has attempted to develop a plan. that would be acceptable to everyone, to include holding public meetings and seeking comments from local residents.. He stated his. client :wishes to :develop the property, but in a way that is acceptable to everyone. He stated his client is ready to do what needs to be done to develop the property and what he is proposing is consistent with the County's. plan for the property.. He stated .before there could be explosive growth from the County installing utilities lines from Smiths Neck Road to this properly, the Board would first have to make a decision to alter the Development Service District for any property that does not lie within the Development Service District. He stated his client. is willing to explore any mechanisms that would give the Board a level of comfort that it has control over -the destiny of development along that corridor.. He stated it is not a question of whether the property is being rezoned, as it has already been rezoned, and there are 340. units of some sort that are going to go there, and his client is proposing .not to .build townhouses, rather an upscale development that would be a benefit to this County. He stated if the Board . is willing to consider the change in Development. Service District, his client is willing to proffer that it would be conditional upon a favorable zoning decision in the future by the Board. He stated if his client could not file an f application suitable to the Board, then the classification of the Development Service District expires and the property .would return to its current zoning.. He requested that the Board either defer the application to develop a mechanism to accomplish his suggestions or grant his client the contingent or conditional change in Development'Service District designation with the provision that if his client does not satisfy the Board in his application for. rezoning, then the change in Development Service District would expire. :~ 18 -, HOOK ~1 ~A~:5c76 Supervisor Bradshaw stated Attorney Riddick has presented the Board new :proffers that have not yet been presented to the Planning Commission which is out of context with the application. County Attorney Stroman noted there are legal issues peculiar to this application, which is why he requested a closed. session pertaining to this application. Pat Clark, Twin Hill Lane, stated the applicant has been responsive to questions from the community.. He stated the Comprehensive Plan was.. adopted by the Board in 2001, and the Director of Planning and Zoning scheduled work sessions for two (2) years inviting .citizens to come and provide .their input, with public forums in both-the northern and southern portions of the County. He requested the Board to deny the application . stating it complicates the Comprehensive Plan. He stated he opposes. the zoning. request because the County has adopted a concept through the Comprehensive Plan for a contained growth strategy in the three (3) Development Service Districts. He stated the strategy permits more efficient future targeting of the County investments in transportation improvements and the expansion of the. water and sewer facilities. He stated containment of the major growth in these (3) districts requires -less land to be consumed Countywide by future land. uses and permits retention of the rural character in other areas of the County. He stated the: Plan recommends directing future development to areas already served or proposed to be served with adequate public facilities, such as sewer,. water, .roads, and schools.. He stated the Board has already approved 2,874 units in the northern area of the County, and proposed 1,261 units to be constructed, which exceeds the total number of houses in the Town of Smithfield. He stated if this application is approved, and sewer and water is extended to Johnson Lane, it will open up 1,878 acres to a residential development off. of Smith Neck Road and puts sewer and water Less than a mile from Nike Park Road which could add 500+ homes for residential development. He stated the developer has a right to develop Crown Creek in accordance with the 1986 zoning, but he will be required to adhere to any requirements established by the Chesapeake Bay Act and the Virginia Clean Water Act of 1992. Maria. Gardner of .Smiths Neck Road expressed her opposition to including Crown Creek into the Newport Development Service District. She stated the .installation of water and sewer will .disturb. existing wetlands and not be beneficial for existing residents on or -off Smiths Neck Road and Nike. Park Road.. She, stated the fast growth in the Newport.District is too drastic and 130+ children have already been .rezoned to make room for the. incoming students anticipated from. the Eagle Harbor Subdivision. .She stated there .are not sufficient public services to accommodate the new growth or the existing residents of the County. 19- n t se~~ 2~ -r-.-537 - Bob Kennedy of the Newport District distributed a petition containing 300 signatures of persons opposing the extension of the Development - Service District.. He further distributed, a list of ten (10) reasons why he believes this request should be denied, along with copies of articles: with similar problems in other .areas of the state. He stated .the .Planning Commission: unanimously voted to recommend denial of the request to the. Board, and the. Board owes. it to the Planning Commission and the taxpayers to follow and abide by this recommendation. He stated the Board would establish a precedent. if it approves the application, every developer within a ..fifty (50) mile radius will be requesting the same accommodation. He stated the County already has budgetary problems and constraints Qn public services, and .approval of the application will only increase the problem. He : .stated proffers are ashort-term cash flow fix with long-term consequences. He stated the proposal is not harmonious with the contiguous .properly. He stated water and sewer would not: benefit the existing homeowners and if -any of the homes wanted to connect to the force main system it would cost them $20,000 to $25,000 for a pump in order to use the system, unless the County installs major pumping. stations along- the line. He requested the Board deny the request.. - Faith Hoffsteader of Holly Drive requested -the Board deny the request. Fred Glanville of Nike Park Road stated sewage is the controlling factor and he is concerned about quality of life. ' Sharon Hart of Carrollton stated citizens are- concerned with the rapid, rate of development in the northern .area of the County. She.. stated the County has found itself with a large. influx of new residential developments. She stated an impact study was prepared on the facilities and services that will be needed to meet these demands, and the results indicate that there will be an increase of approximately 10,000 residents in the northern district and Smithfield area within the next five (5) to` seven (7) years. She stated there have been numerous .studies performed which. illustrate the tax revenue will not meet the: cost of services. She stated. extending sewer lines in this.. area. would allow approximately 1,3661ots .potentially, as opposed to the 656 lots now. She stated residents need time to absorb this. influx of population already coming.. She expressed- concern, with- the impact on fire and rescue } services and-the Sheriff's office. She stated she is not ready for a paid fire department. and residents of Eagle Harbor are already questioning why it takes so long for police to respond. Harry Castle of Carrollton requested the Board to remember what it cost the .County to downzone Kings Colony. , Darin Stoller of Windsor, President of the southern Isle of Wight Civic , League, stated this is a County issue, .and it affects all residents of the ' County, whether you. live in Carrsville or up in Carrollton. He stated the Board already has a mechanism to control growth ...though its f .... ~.7 . ZO ~ ` eoor 21 ~~~-5$$ Comprehensive Plan. He stated if the. Board approves the request to expand the development service district it will be setting. a prec~ent. He requested the Board deny the request at this time. Tom. Belkey of Rescue stated the. area of Rescue is experiencing rapid growth and needs to be controlled. Jim Style of Titus Court stated he selected the County to reside, as it was very much like the rural area he originally. came from. in Iowa. He :stated Smiths Neck Road will not be able to handle the increased traffic and he requested the Board deny the request. Barbara Linley, a former resident of Smiths Neck Road, stated development in the Newport- Service District is already out. of control because of past, present and future developments. She stated no amount of proffers could. offset the loss suffered by .this community. She stated this development is unwanted, untimely and unneeded. Banry Reed of Ballard Creek Road stated he left the City of Portsmouth to reside in the County. He requested the Board deny the request and keep this. area as it currently is. Thamas Finderson of the Newport District stated the $S,S00 proffer oft'ered is insufficient and the development will cause a major burden on the transportation. system with its increased traffic. He expressed concern with the release. of nitrogen -into -the. air from the proposed homes, as well as deterioration to the wetlands. He noted increased demands on fire and rescue services and requested the Board scrutinize the applicant's water withdrawal as many citizens will may have their well systems impacted. Supervisor Bradshaw. noted the Board received a letter from David Barclay of 12697 Nike Park Road prior to the public hearing in opposition to the request. County Attorney Stroman stated that the .following documents were presented during the public hearing: Petition; materials by Attorney Riddick titled. "IWC Associates, LLC concerning volunteered proffered conditions; and, materials presented by Mr. Kennedy dated March 11, 2003 titled "Reasons Old Cedar Bluff should be denied entry into the Development Service District." Chairman MacManus closed the public hearing and .called for comments from the Board. Supervisor Bradshaw moved the Board enter closed session under Section 2.2-371 l.A.? of the Freedom of Information Act, concerning consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. The motion was adopted by a 21 .R eo~~ 21 ~~~:~589 vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board reconvene its meeting. The motion was adopted unanimously (5-0). Supervisor Claud- moved the Board adopt the following Resolution: CERTIFICATION OF .CLOSED MEETING WHEREAS,-the Board of Supervisors has convened a closed meeting on f this date pursuant to an affirmative recorded vote and in accordance with- the. provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this .Board of Supervisors that such closed meeting- was I conducted in conformity with Virginialaw; . NOW, THEREFORE,. BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each `members knowledge, (i) only public business matters lawfull exem ted from o n meetin .requirements by Y P Pe g 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 .Supervisor Clark stated that he shared all of the concerns expressed by citizens tonight. Chairman MacManus stated a lot of work was done to the Comprehensive .Plan several -years ago to restrict the size. of that. Development Service District. He clarified that should the Board deny the request tonight, it should not be construed to mean that the Board favors the T986 zoning. Supervisor Bradshaw stated a considerable amount of time was spent in developing the Comprehensive Plan, which is intended to manage and 22 !, ...BOOM 21 rat~~i~0 control growth. He stated he has no justification for amending the Comprehensive Plan in theNorthern Service District. - Supervisor Bradby stated he will always be responsive to .the concerns of the citizens who have spoken in opposition .tonight and he concurs with their position. Supervisor Clark moved the Board deny the ,request of NVC Associates, L.L.C. to includetax map parcels 23-01-043, 23-01-044, 23-01- 045, 23-01-076, 23-01-0778, 23-01-78 and 23-01-083 in the Newport Development Service .District. The. motion was adopted by a vote of (5-0) - with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, 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 MacManus called for Citizens Comments. Brandon White, Hardy District, noting that he is a real estate agent in the County, advised the Board that addressing the issue of crowded County schools is not the responsibility of real estate agents. He also requested that the County's Director of Economic Development market .the County, to companies -other than just manufacturing companies .and, warehouse distribution centers. Joe Ferguson, President of the Historical Society, requested an appropriation from the County fora historical marker at Fort Huger.. , Mr. Finderson noted that when Branch Lawson made his Eagle Harbor presentation he advised there would be fishing poles for tent. He stated all types of metals and toxins in the BMPs would be absorbed. throughout the food chain creating a health hazard and he encouraged the Board to influence representatives of Eagle ..Harbor that there should .not be any fishing. - // . Chairman MacManus called for the County Attorney's report. County Attorney Stroman presented an .interim utility .Agreement with the Town of Smithfield, which he recommended the Board authorize the Chairman to execute. 23 eooK 21 ~~~:~5~1 Supervisor Claud moved the Board authorize the Chairman to`sign the -Interim Utility- Agreement- with the Town of Smithfield beginning April I, 2003 and expiring on June l , 2003. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting infavor of the motion,-and no .Supervisors voting against the motion. County Attorney Stroman stated he would be requesting a closed session under Section 11, Closed .Session, of the agenda pursuant to .the Coale of Virginia, Section. 2.2-371 l .A.7 for the purpose of consultation with legal counsel pertaining to actual or probable litigation where such consultation in open meeting would adversely affect. the .negotiation or litigating posture. of the County and consultation with .legal. counsel regarding specific legal matters requiring the provision of legal advice by counsel. // Chairman MacManus called for the County Administrator's report. Lyle D. Hornbaker, Director of Information Services, briefed the Board on a Strategic Plan of Action, Section 7.L 1 on the PEG :Channel He stated he would rather see a PEG channel policy .written without any exclusion of any specific types of individuals. He recommended that in the Fall, staff be allowed to move forward with 'a community calendar, and he would come back to the Board in October with a more comprehensive policy to allow some limited use of-the County's PEG channel by non-County personnel. Chairman MacManus .directed Mr. Hornbaker to come back with a policy providing just the basics, and that he contact the Town of Smithfield and Prime Media to determine what will be available to improve .the .PEG channel program. In the meantime, Mr. MacManus proposed to discuss the matter at the next meeting of the Intergovernmental Committee. I/ Chairman MacManus called for Old Business. i~ is i' Chairman MacManus called for the Board's. consideration of the Conditional Use Permit Application of the Mollie G. Turner Family Limited Partnership and Bay Sand Company, Inc. Tax Map No. 32-01-0 i 0. Mr. Hartley noted the Town of Smithfield has- communicated via e- mail the action taken by the Smithfield Town Council. He stated included in -the Board's agenda is a memorandum- summarizing. the conclusions of staff with the recommendation that the reclamation measures be met and support. of the condition of the Town of Smithfield on the entrance. He stated the Historical Society is requesting to photograph. a cemetery located on .the 24 ,. soeK 21 ~~-:~-5!~2 property and the Director of Economic Development has also. provided his comments on the project.. He stated the applicant does not believe it appropriate at .this time to consider public use with the borrow pit in operation. He stated the School Board's attorney is continuing to discuss the property use as suggested by the School Board. County Attorney Stroman .stated there is no grandfathering on a reclamation ordinance. He stated in the event the reclamation ordinance is amended, the applicant would be required to comply. with the reclamation ordinance in effect at the time. Supervisor Clark inquired what the .School Board's position on this application. Jeff Gordy, Attorney representing the applicant, stated discussions are being held with the school administration about the possibility of the schools acquiring the area to the east. Supervisor Clark expressed his concern about the County's soil being removed leaving large holes in the landscape. Chairman MacManus noted that the Board is waiting to hear from _ staff regarding the land value regarding lands approved for a Conditional Use Permit. for. borrow pits to determine if they don't have a greater value for taxation purposes. County Attorney Stroman stated the County's assessment policies are designed to take into account those improvements and changes that might affect value. He .stated he is continuing to determine if this can be done between assessments. Supervisor Bradshaw stated his concern is that the Board over the years has approved borrow pits and the mining of sand from the land with very limited restrictions. He stated the .Board has, however,. restricted property owners' rights as to what, they can and can not do with their land. He .stated the Board also requires buffers and does not allow clear-cutting, which is a natural resource that replenishes itself.. He stated he is against approving any more borrow pits because. this is in contradiction dealing with . property rights and how the Board treats individual properly owners. Supervisor Clark stated his future position is most likely going to be more in line with Supervisor Bradshaw, as these borrow pits are either near or in the County's Development Service Districts, which are areas that are targeted for .growth. He stated this application is a connection. of two (2} borrow pits and has only a small elimination of land. Supervisor Bradby stated it does concern him that earth is being removed from the County. 25 n Boos ~ 21 ~M~:~593 i~ Supervisor Claud moved .the Board approve the application, as conditioned with Items' #1 and #2 from the Director of .Planning and. Zoning's memorandum. The motion was adopted by a vote of (4-1) with Supervisors MacManus, Bradby, .Clark and Claud voting in favor of the motion, and Supervisor Bradshaw voting against the motion. Chairman MacManus called for consideration of the Federal. Revenue Maximization,(REVMAX) Program. CountyAttorney Stroman advised that he has reviewed the contract and recommends approval of the Board. He stated Section 2.4 in Article II is general andprovides no guidance for what the flexibility would be beyond- what the State department is willing to do at any given time.. .Supervisor Claud inquired what the demands would be on the Department of Social Services with respect to personnel to administer this program. Linda A. Bean, Director of Social. Services, noted the Department of Social Services would be responsible-for administering the program and the funding would be utilized to develop services within other departments, such as court-services or healthy families.. She stated- staff has discussed the necessity for hiring apart-time coordinator to take care of this additional. work and the cost associated is fully covered. by the program. She stated the program is arevenue-producing program that gives the ability to develop and provide even. greater services for at -risk youth coming into foster care.. She. stated her recommendation initially would have been that the County begin hiring afull-time person with SO% of their time devoted to grants under the supervision of the County Administrator and the .other 50% of their time devoted to revenue maximization. She stated initially this will not be full-time position, -but with time, both will most likety be full-time positions. She stated the County currently- has thirty-two {32) foster care- cases and children. coming. into foster care now are older .children coming from families with very serious problems. She stated she believes anything that the County can do to find ways to help its youth lead mare productive lives will only benefit the County. Supervisor Bradshaw moved the Board authorize :execution of the proposed REVMAX Agreement and that staff. be directed to address the- . personnel issue in conjunction .with the Department of Social Services and return'. to the Board at its May l , 2003 meeting with a recommendation on staffing. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and. Claud voting in favor of the motion, and no Supervisors-voting against the motion.- Super~~isor Bradshaw notified the Board that the Director of Social Services has tendered her resignation, effective June 30, 2003. 26 .. ~~ . e ~QO~ ~i (~.~V•.J~ Regarding. the :request of Joe Ferguson earlier under Citizens Comments from the Historical Society for an appropriation from the County for a historical marker to be erected in proximity to Fort Huger, Supervisor Clark moved the Board appropriate $600 from the contingency fund t4 partner with the Historical Society for a historical marker at Fort Huger and that the Society make application for such marker. The motion was adopted by a .vote of (5-0) with. Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against -the motion.. Supervisor Clark requested that Mr. Hartley :review .the original motion by the Board in regards to site plan. review by the Planning Commission and the Board of Supervisors and determine whether or not it was the Board's intention that site plans be reviewed by .the Planning Commission and the -Board of Supervisors on .all commercial and major rezonings (subdivisions over forty (40) homes) or just those located in the Highway Corridor Overlay District and that he and the County Attorney bring a report back to-the Board at its May l , 2003_ meeting with respect to an ordinance:amendment to broaden that authority. County. Attorney Stroman distributed materials relating to a contract of sale for the Jesse Roe Williams, Robert Lee Williams and. Annie Virginia Williams :property. He stated this transaction would resolve aright-of-way issue with respect to utilities and conveys a small piece of property to the County. Supervisor Claud moved the Board authorize the Chairman to sign the contract and authorize the County Attorney to execute the deed. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors votingagainst the motion., Regarding the issue of the Rescue. Bridge survey raised by .Nancy Guill under Transportation Matters earlier in the meeting, Supervisor Clark moved the Board direct staff to meet with Nancy Guill to work out the logistics of the survey and bring a recommendation to the Board at its May 1, 2003 meeting for evaluation of the. survey by the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the. motion. /! - Chairman MacManus called for New Business. 2? eooK ~ 21:h:5~5 Supervisor Clark thanked Mr. Hartley for meeting with the residents of Eagle Harbor .and providing them with background information on the development. Supervisor Clark thanked the Western Tidewater Regional Jail staff for their efforts in cleaning up the trash on the roads in Carrollton. Supervisor Clark moved the Board direct the Director of Public Works to address the Board at its May 1, 2003 meeting on options by which citizens can be encouraged to .secure their loads of trash going to the disposal .centers located in .the Newport District and prevent the trash from be scattered-along its roadways. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the .motion, and no Supervisors voting against the motion.. Supervisor -Clark inquired as to ,the .status of the real estate tax exemptions for senior citizens. Supervisor Bradshaw advised Supervisor Clark that this issue is still under consideration. i // County Attorney Stroman requested a closed session ..under Section 2.2-3711.A.7 regarding consultation with legal counsel concerning actual or probable litigation- and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by counsel. Supervisor Claud moved the Board enter closed session for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, _Bradby, Clark. and Claud voting in favor of the motion, -and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board return to open session. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor 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 affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, } 28 I . ~, eoQx 21.~:~5~6 WI~IEREAS, Section 2.2-3712.D of the Code of Virginia r~aquires a certification by this Board of Supervisors that .such closed .meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies. that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business. matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors.. VOTE AYES:. MacManus, Bradby, Bradshaw, Clark and Claud ~ F NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved the Board direct staff. to prepare staff reports for applications to the Board of Zoning Appeals. The motion -was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. /1 At 10:50 p.m., Supervisor Clark moved the Board adjourn its meeting. The motion was adopted unanimously (5-0). ~~~ Richard K. MacManus, Chairman