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.
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Supervisor Claud delivered the invocation.
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The Pledge of Allegiance was conducted..
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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.
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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.
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RESOLUTION TO RECOGNIZE AND CONGRATULATE
GEOFFREY HENDRICKS
FOR ACHIEVING THE RANK. OF EAGLE SCOUT
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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
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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.. -
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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
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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
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G, Delinquent Real Estate Tax Collection Monthly Report
H. March Z0, 2003 Regular Meeting Minutes
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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
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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.
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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.
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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.
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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
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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.
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the
regular order of the agenda. in order to conduct the public hearings. The
motion was adopted unanimously (5-0).
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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.
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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.
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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
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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.
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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:
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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.
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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
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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.
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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
_ ,
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' 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.
:~
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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
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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
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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-
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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,
}
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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).
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Richard K. MacManus, Chairman