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05-15-2003 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY. BOARD.OF SUPERVISORS HELD THE FIFTHTEENTH DAY OF MAY Ilv 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,_ N, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey Mills Storm, Recording Secretary Chairman MacManus called the. meeting to. order at 6:00 p.m. // Supervisor Clark delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman MacManus called for approval of the agenda. County Attorney Stroman requested that an item concerning land closure at Eagle Harbor during construction be added under Transportation Matters; .that the .Vehicle .Use. Policy under the County Administrator's section be removed for consideration at a future meeting; and,.that the item concerning the Carrollton .Volunteer Fire ..Department" expansion and renovation under Old Business be moved until after closed session. Supervisor Clark requested a personnel matter under Section 2.2- 3711.A.1 of the Freedom of Information Act be added to the closed session. Supervisor Bradshaw moved the Board approve, the- Agenda, as amended. The motion was adopted (5-0j with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion, and. no Supervisors voting. against the motion. // 1 eon 21 .r-:~f~1'~ . Chairman MacManus called for Special Presentations. Charman_MacManus recognized Sumner. R. Bradshaw and Jesse Q. Goodwin for achieving. the rank of Eagle Scout. Supervisor Bradshaw moved the Board adopt the .following Resolutions Recognizing and Congratulating Sumner R. Bradshaw and Jesse Q. Goodwin for Achieving the Rank of Eagle .Scout, as amended to reflect Troop 37: RESOLUTION TO RECOGNIZE AND CONGRATULATE SLININER R. BRADSHAW FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Sumner R. Bradshaw is a member of Boy Scouts of America, Troop #37 and a resident of Isle of Wight County; and, j r I WHEREAS, Mr. Bradshaw has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Bradshaw 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 Sumner R. Bradshaw is recognized and congratulated for achieving the rank of Eagle Scout. RESOLUTION TO RECOGNIZE AND CONGRATULATE JESSE Q. GOODWIN FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Jesse Q Goodwin is a member of Boy Scouts of America, Troop #37 and. a resident of Isle of Wight County; and, WHEREAS, Mr. Goodwin has achieved the .rank of Eagle Scout; and, WHEREAS, the ,Board of Supervisors wishes. to recognize. and congratulate Mr. Goodwin 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 Jesse Q. Goodwin is recognized and congratulated for achieving the rank of Eagle Scout. , 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. _::~ 2 4, 4 // Chairman.MacManus indicated the Consent.Agenda (Item 2) included the following. items: A. Isle of Wight County Transit Service B. Boykin's Tavern Lecture C. Resolution of Support for the South: Church Street Project in the Town of Smithfield D. Delinquent Real Estate Tax Collection Monthly Report E. April 17,..2003 Regular Meeting Minutes . Chairman MacManus asked if there were: any items for removal. Supervisor Claud moved the Board adopt the Consent Agenda, as presented. 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, Planner, noted that the Windsor Town Council recently adopted a resolution prohibiting tandem axle and larger trucks from using certain streets within the Town of Windsor. He noted that one (1) of the streets contained in the resolution is East Grim Street, which passes through the County and becomes Old Suffolk Road (Route 636). He stated the first procedure for establishing this process is to hold a public hearing on the matter. Supervisor Claud moved the Board direct staff to advertise a public hearing on June 19, 2003. 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. Mac Neblett, VDOT Resident Engineer, formally introduced John Barr, the new Assistant Resident Engineer for the Suffolk Residency. Mr. Neblett stated with respect to the compensation issue.. to Mr. Carter for the loss of pleasure with his property adjoining the Rescue Bridge (Route 704), the VDOT District Right-of-Way section has made an offer and they are awaiting a response from -him. He stated discussions are also ongoing with respect to a mutual- solution to landscaping issues with Mr. 3 eo~~. 2~ :,-:..621 Carter. He .stated VDOT is pursuing the- possibility: if the wall can be eliminated, but the final decision has not yet been made. Supervisor Clark requested that Mr. Neblett advise him when the on- . situ configuration of the lines would be performed so that he could be present. Supervisor Bradshaw inquired about the status. of the ditching maintenance on River Run Trail Mr. Neblett noted that he .would follow up on his request and report back to'Supervisor Bradshaw an the status. Supervisor Bradshaw advised Mr. Neblett that the shoulder on Fire Tower Road needs to be widened. at Route 460 near Warren Johnson's property. Supervisor Bradshaw requested the. status of the evaluation of the intersection at Route 460 and Fire Tower Road Mr. Neblett advised that. the evaluation had been forwarded to the VDOT Traffic Engineering staff, and he -would cheek- on the status and report back to Supervisor Bradshaw. Supervisor Bradshaw reported that certain citizens would like to use the flood reclaimed property in Zuni located adjacent to the river that VDOT is currently using as a dumping site for a park or walking trail. Mr. Neblett Hated that he would investigate the status of this property and report back to Supervisor Bradshaw. Supervisor. Bradshaw requested that staff continue to move forward with maintenance efforts on Whispering Pines Trail and that Mr. Randolph advise him when a meeting can be scheduled on this issue. Supervisor Bradshaw inquired about the status of Duck Town Road. Mr. Neblett reported that Duck Town Road is still on schedule. Supervisor Bradshaw inquired about the status of Duke's Lane being taken into the- State system.. Mr. Neblett reported that VDOT is anticipating taking action within the next thirty (30) days. Jonathan W. Hartley, Director of Planning and Zoning, reported. that at ` the last meeting of the Planning Commission,. concern was raised with the lane closure on Route 17 in connection with the construction of entrances. at ~, 4 ~, Boor 21 ~::~622 Eagle Harbor. He requested that the Board. consider a motion requesting A VDOT to consider specific peak hours- on Route 1? in any existing and future. permits issued for work on that corridor. Mr. Neblett stated VDOT has spoken -with the developer's contractor and requested hat his work. be confined between the hours of 9:00 a.m: and ..3:00 p.m. He stated` VDOT would continue to monitor the contractor's work . to ensure that he is not performing any work outside those hours. He stated the contractor did indicate.. that he is willing to work with VDOT in such . fashion that no significant back-upsoccur on that c©rridor. He stated this is nat included in the current permit, but VDOT would address this issue in future permits. Supervisor Bradshaw recommended that opening. and closing of nearby schools also betaken into consideration in future permits. Supervisor Clark moved that the Board request VDOT to consider including lane closures on Route 1'7 a condition. of any permits VDOT issues in the future for construction of that corridor. The opening and closing of nearby schools is to be taken:into consideration. 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.. Chairman MacManus passed along the concern of Robert. Earl Jones,. a - .resident of Rattlesnake Trail, that there is standing water on the surface of Rattlesnake Trail. Mr. Neblett noted that he would .pass Mr. Jones' concern on to the appropriate.. VDOT Superintendent for that area. f/ Chairman MacManus called for Citizens Comments. Albert Burckard of the Newport District noted he would address his concerns with Item 1O.C on the agenda pertaining to the Rose Mining Pit. when the Board conducts a public hearing on the matter later in the meeting. Charles Pete Green of Hunters Run Lane presented a letter thanking the Sheriff and his staff for holding the "Citizens Training Academy." He requested that the letter be forwarded to the Sheriff and -that it be included in the personnel files of thosedeputes thatparticipated in the program. Supervisor. Bradshaw moved that staff be directed to forward Mr. Green's letter on to the Sheriff and that staff express the. Board's congratulations to those in attendance. The motion was adopted (S-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion.. S ~~ so~oK~ 2~ -M~:r623 ..Charles Pete Green noted that as the area continues to develop, the demand on the Sheriffs Office will increase and he suggested that the .County begin initiating fees for the incidence of false burglar alarms. . Grace Keen, on behalf of the Isle of Wight Citizens Association, stated that while the Association agrees it benefits the .County for supervisors to attend certain conferences; however, it is concerned with how the County's ..tax dollars are spent. She recommended that the County develop a written policy for travel with specific guidelines relating to travel expenses. Chairman MacManus noted that the County currently has such a travel policy on file and directed staff to provide Mrs. Keen with a copy for her perusal. He noted that she could always obtain information of interest by . requesting it under the Freedom of Information Act. Mrs. Keen stated she believes that some of the information requested was not made. available. County Attorney Stroman noted that. he did receive an FOIA request. from the Richmond Times Dispatch. Not only was all of the information requested. provided, but the Department of Budget and Finance prepared a spreadsheet in .addition to providing numerous documents. He stated he was unaware of any other FOIA requests, and he offered to provide Mrs. Keen - with copies of this information for her use. Supervisor Bradshaw recommended that Mrs. Keen contact Jim Campbell with. VACo regarding her .interest in the VACo Conference at the Homestead. // Chairman MacManus called for the County Attorney's report. County Attorney Stroman .noted that pursuant to Board action at its -May 1, 2003 meeting, he has prepared a proposed ordinance regarding tax levies that has been properly advertised for public hearing for the Board's consideration later in the meeting. He noted the. tax levies would remain at the same rates. Sherri. A. Bush, Director of Emergency Communications, presented a contract between the County and .Open Software Solutions, Incorporated. (OSSp for the purchase of software.. in connection with the consolidation of the emergency communication centers for the County. and the Town of Smithfield. She .noted that the contract is in the amount of 5200,000 which is 525,000 below the County's appropriation. ~: 6 ~. ~ee« 21 ~~~~624 County Attorney Stroman recommended that the. Board authorize the Chairman. to execute the contract on behalf of the County,. .Supervisor Bradshaw strongly recommended that a ceiling for a rate increase. be placed in the contract. County Attorney Stroman noted that the provisions are in the mainstream with local governments.. Supervisor Claud moved the Board authorize the Chairman to execute the Agreement between Isle of Wight County and Open. Software Solutions, Incorporated (OSSI) for consolidation of the Town of Smithfield and .the County's- .emergency dispatch centers, as recommended by the County Attorney. 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. County Attorney Stroman noted he would be requesting a closed session under Section 11, Closed Session,: of the agenda pursuant. to the Code- of Virginia, Section 2.2-3711.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. County Administrator Caskey presented. a request for sponsorship for Riley J. Evans, Jr. to participate in the U.S.A. Junior National Basketball Championship Sports Festival in July, 2003 in Columbus, Ohio. Supervisor Claud noted that -.this request does not fit. the guidelines. established by the Board. He noted this is an individual request, not a request from a group or team, and the Board would be setting a prec~ent for. the future should it approve the request. Supervisor Bradshaw suggested Mrs. Evans approach the School Board with her request. County Administrator Casket' presented a Resolution to Submit :art Application for U.S. Department, of .Agriculture .Summer Food. Service Program Grant Funds and to accept and appropriate Grant Funds from the U.S. Department of Agriculture Virginia Summer Food Service Program for the Board's consideration. 7 .Booty ~ 21:~::~ 625 i~ .Supervisor Claud moved the Board adopt the following Resolution, and :grant: RESOLUTION TO SUBMIT AN APPLICATION FOR U.S. DEPARTMENT OF AGRICULTURE SUMMER FOOD SERVICE PROGRAM GRANT FUNDS-AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE U.S. DEPARTMENT OF AGRICULTURE VIRGINIA SUMMER FOOD SERVICE PROGRAM WHEREAS, the: Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submittal of a grant application requesting funds from the USDA Virginia Summer Food Service Program; and, WHEREAS, the funds in the amount of thirty four thousand two hundred eighty three dollars ($34,283) or as much as shall be received from the USDA Virginia Summer Food Service Program. need to be accepted and appropriated to the Operating Budget Line Item for the Summer Program, in the FY .2003 2004 .Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT .AND IT IS HEREBY RESOLVED by the .Board of Supervisors of the County of Isle of Wight. that funds in the amount ofthirty four thousand two hundred eighty three dollars ($34,283) or as much as shall be received frotr- .the .USDA Summer .Food Service be appropriated to the Operating Budget Line Item for the Summer Program, in the FY 2003-2004 Operating Budget of the. County of Isle of Wight. BE TT 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. 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. County Administrator Casket' presented a Resolution of Gift of a Dell Optiplex GXl Pentium 2 Computer Tag #1007 to the Isle of Wight County Historical Society for use in Historical Projects.. for the Board's consideration. . Supervisor Bradshaw moved. the Board adopt the following Resolution: RESOLUTION OF GIFT of a Dell Optiplex GXl Pentium 2 Computer Tag # 1007 to the Isle of Wight County Historical Society for use in Historical Projects 8 ~, saQK 21 ~N~626 WHEREAS, the County of Isle of Wight has a Deil Optiplex GXl Pentium 2 computer, Tag #:1007, which is declared obsolete for County use and available for donation; and, WHEREAS, the Board of Supervisors of Isle of Wight County hereby gifts. a Dell Optiplex GX1 Pentium 2 computer, .Tag. # 1007, to the -Isle of Wight County Historical Society for use in historical projects; and, . NOW, THEREFORE, BE I'I' AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County. of Isle of Wight, Virginia that said :Dell Optiplex GXl .Pentium 2 computer, Tag # I OOT, is gifted to the Isle of Wight County Historical Society for use in historical projects. BE IT FURTHER RESOLVED that the County Administrator of the . County of Isle of Wight, Virginia, as .the Central Purchasing Agent of said County, be and is hereby authorized o do all things necessary to give this resolution effect. 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. County Administrator Caskey noted -that the County Attorney, .under Item 1, approval of the agenda, requested that the Vehicle Use Policy be removed for future consideration at a subsequent meeting. // Chairman MacManus called for Old Business. A. Carrollton Volunteer Fire Department Expansion and. Renovation Chairman. MacManus .noted that the County Attorney, under Item 1, Approval of the Agenda, recommended that the Board consider the issue of . the Carrollton Volunteer Fire Department expansion and renovation following closed session. Supervisor. Claud moved that Steve Hatcher and Shaun Jordan, employees. within the Public. Utilities .Department, be commended for their excellent and outstanding work over the Easter holidays, and that Bob Watkins be acknowledged-for his efforts in having a dwelling demolished on Bayview Drive.. The motion was adopted (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud votin in favor of the motion and no g Supervisors voting. against the motion. // 9 R -~ ~~~K 21 ~r~6~? Chairman MacManus called for New Business. Engineering Services -Zuni Water System Replacement E. Wayne Rountree, P.E., Director of Public Utilities, presented an engineering :agreement for the design and replacement of-the Zuni water system. for the Board's consideration. He recommended that .the Board approve the R. Stuart Royer & Associates' letter agreement in the amount of $1 ?,000 and also approve the carryover of $50,000. or so much as may be unspent to the FY2003-04 budget. to be used for the Zuni water system replacement. Supervisor Bradshaw moved the Board approve R. Stuart Royer & Associates' letter agreement dated November 22, 2002 in the amount of $17,000. 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. Supervisor .Bradshaw moved the Board .approve the carryover of $50,000 or so much as may be unspent to the FY2003-04 budget. to be used for the Zuni water system .replacement, in this .year's Capital Budget. The emotion 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. Mr. Rountree requested that his recommendation to approve the low bidder and award of construction contract within limits of grant funds and County funds available be withdrawn at this time. He noted than he would be bringing back to the Board a construction. contract for consideration. Supervisor Bradshaw moved the-Board direct the County Attorney to review and bring back a report to the Board on the false call alarms. Mr. Stroman is to contact the Sheriff to determine if there is an existing problem and survey- other communities. ,The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor, and no Supervisors voting against the motion. // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). // Chairman. MacManus called for a public hearing on the following: Y,, 10 -~ ., eoo~ 21~ ~ 628 A. An Ordinance to Set and Impose Tax Levies for Fiscal Year July 1, 2003 thmugh June 30, 2004 County Attorney Stroman .noted that none of the County's current rates have changed for the coming fiscal year. 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 Clark moved. the Board adopt .the following Ordinance: AN ORDINANCE TO IIVIPOSE TAXES: FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR-JULY I, 2003 THROUGH ~ 30, 2004 ADOPTED THE DAY OF MAY, 2003 BE TT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: (1) That there is hereby levied for the fiscal year beginning July 1, 2003, a ..tax of $0.75 per one hundred dollars of assessed valuation on all taxable real estate, and all: real and personal. property of public .service corporations in accordance with Section 58.1-2606. of the Code. of Virginia, as amended; (2) That there is hereby levied for the fiscal year beginning July 1, 2003, a tax of $0.95 per one hundred dollars of assessed valuation on .machinery .and tools used in .businesses as defined in Section 58.1-3507 of the Code of Virginia,. as amended; (3) That there is hereby levied for the fiscal year beginning. July 1, 2003, a tax of $1.00 per one hundred. dollars of assessed valuation on boats, watercraft and aircraft as defined- in Section 58.1-3606 of the Code of Virginia, as amended; (4) That there is hereby levied for. the fiscal year beginning. July 1, 2003, a tax of $0.32 per one hundred .dollars of assessed valuation on watercraft, including ~ vessels and ships, weighing five tons or :more, excluding privately .owned pleasure. boats and watercraft for recreational .purposes only; (5) That there is hereby levied for the fiscal year. beginning July 1, 2003 a tax of $4.40 per one hundred dollars of assessed valuation. on .tangible personal ,property as ~ defined and classified in Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3500, 58.1-3501,. .58.1-3502, 58..1-3503, 58.1-3504. and 58..1-3506 ofthe Code of Virginia, 11 .~ eo~M ~21.~:~629 except that all household goods and personal effects as defined and classified in Section 58.1-3504 are exempt from said levy;. (6) That there is hereby .levied for the -fiscal year beginning July 1, 2003,. a tax of one-half of one percent. of the-gross receipts on telephone and telegraph companies, water companies, heat, light and power companies (except electric suppliers,. gas utilities and gas: suppliers as defined in Section 58.1-400.2 of the. Code of Virginia and pipeline distribution companies as defined in. Section 58.1-2600 of said Code) accruing from sales to the- ultimate consumer in the County of Isle of Wight, Virginia pursuant to Section.. 58.1-3731 of the Code of Virginia, as amended, however, in the case of telephone companies, -charges for long distance telephone calls shall not be included: in gross receipts for- purposes of license taxation. BE TT FURTHER ORDAINED AS FOLLOWS: (a) That all proceeds received for the fiscal year beginning July 1, 2003 from the .County general tax rate levies, from .other local revenue, from Federal and State. funds and supplements and from all other. funds and sources for general County functions. and purposes, ,including .public schools and public welfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by the Board of Supervisors of this County, .shall be used for such functions .and purposes and to defray the charges and expenses of said. County and. all necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; (b) That lump sum appropriations _ are hereby made on an annual basis for the fiscal year beginning July 1, 2003, separate items, . categories, functions .and purposes as shown and indicated in the budget adopted by the-Board of Supervisors on the day of May,. 2003. (c) That the County Administrator is hereby authorized to make all expenditures in payment of all dine items in the budget at any time during the fiscal year- in any amounts so long as those amounts are not greater than the amounts available in the fund for such item or category and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long: as .the transfers of line items. are within the budget and do. not exceed. the funds available for .such. purpose. (d) That all encumbered funds wh%ch are earmarked fora specific projects, which are not expended during the current fiscal year, will be carried over as encumbered funds for said projects for the ensuing years unless the encumbrances are removed by action .ofthe Board of Supervisors.. (e) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid budget~estmates from the General Revenue Fund,. from time to time,. as monies become available, sums equal to but not in excess of the appropriation herein made- to such "funds", .for the functions .and purposes. therein indicated from the General Revenue Fund for the period. covered by this appropriation ordinance. :~ 12 ~ 4 (f) .That the Treasurer of Lyle of Wight .County is hereby authorized to honor :and pay all warrants and to pay out funds from the various "funds" indicated in said Budget estimates for any contemplated expenditure for which funds have been made available and appropriated for such contemplated- expenditures. (g} That this Ordinance be entered in the Minutes. of this Board of Supervisors and that a copy thereof by the Clerk of this. Board, be furnished to the Treasurer of this County. 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. Chairman MacManus called for a public hearing on the following: B. The application of Raymond E. Oliver for a change in zoning classification from RAC to Conditional. Rural Residential of approximately nine (9) acres of land located on the east side of Longview Drive (Route 641}adjacent to 1?473 Longview Drive, in the Windsor Election District. The purpose of the application is for one single-family residential lot as conditioned. . County Attorney Stroman advised that the applicant has offered additional proffers and Virginia law requires that these additional proffers be submitted to the Board prior to the commencement of the public hearing. Mr. Hartley distributed a copy of additional proffers received from the applicant proffering a voluntary cash proffer of $4,000 and that there will be no mobile homes orsubdividing of-the. property. Chairman MacManus called for person to speak in favor of, or in opposition to, the application. Mr. Raymond E. Oliver, applicant, requested that the Board approve his application. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of Raymond E. Oliver, as conditioned with a voluntary cash proffer of X4,000 and that no mobile homes or subdividing of the property will occur. 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. Chairman MacManus called far a public hearing on the following: 13 eaoN• 21=~ 631 C. The application of Lynn K Rose, Bruce R. Kirk, Benns Church .Properties -and.. Isle of Wight Materials fora .Conditional Use Permit to amend the Rose Mining (borrow pit) Operation Plan to increase the permitted acreage from forty (40) to sixty-six (66) acres. and to extend the life of the permit for five (5) additional years. Said land is located on the west side of Benns Church. Boulevard (Route 10), Smithfield, in Windsor Election District. Chairman MacManus• called for persons to speak in favor of, or i_n opposition to,-the proposed application. Richard L. Turner, representing Isle of Wight Materials and the Kirk family, requested-the Board. approve the Conditional Use Permit to allow -Isle of Wight Materials, as the operator, to continue to operate- a forty (40) acre borrow- pit to mine fill sand and increase the area of the pit to slightly over sixty-six (66) acres. He stated the. Board of Zoning .Appeals grantP,d a variance on March 3, 2003 to allow a .zero setback from the Jackson pit, subject to the approval of-the Conditional Use Permit. He stated Isle of Wight Materials employs approximately .fifty (50) local .employees and has contributed over $400,000 to the County in taxes and fees over the last ten (10) years. He requested additional time to address any opposition. Albert Burckard of the Newport District distributed. a report entitled "Natural Heritage Resources of Virginia: Rare Plants." He stated Muddy Cross Pond is listed as number seven (7) of the seven (7) designated natural. heritage areas. m the County and contains the Eleocharis tncostata Torr, a .rare vascular plant containing a State rank of S 1, extremely rare and critically imperiled with f ve (5) or fewer occurrences or very few remaining individuals: in Virginia; or because of some factor(s) making it especially vulnerable to extirpation in Virginia. He noted that Muddy Cross Pond. is level in height with the roadway and could be drained within a few hours should any accidental ditching occur. He recommended that the. Board delay. action on the- application until a State representative can verify that by . approving this .application,-the. County is not in danger of destroying one, (1) or the seven (7) natural heritage sites in the. County. ~ Supervisor Clark noted that there is nothing about the approval by the Board on this application that would further threaten Muddy Cross Pond as the other pit is .much closer and would have already done .whatever damage. it would- do to the west. He asked Mr. Burckard if he would be more ~ concerned about the Board allowing any further encroachment towards Muddy Cross Pond-rather than what the applicant is requesting currently. Mr. Burckard stated his concern is -.with the twenty (20) foot depth of the pit, combined .with the slope, and that any ditching, accidental or otherwise, might drain Muddy Cross Pond. ,g I4 ., eo~N 21 ~~~532 Chairman MacManus closed the public hearing and ~ called, for comments from the Board. Supervisor Claud asked. Mr. Turner if there would be anything associated .with eliminating that cross section that would cause any further ' ditching or land disturbance to the west towards Muddy Cross Pond. Mr. Turner replied "no." He stated there is no way, that anything on this side of the swamp affects the drainage of Muddy Cross Pond. He .requested that the Board approve his request tonight. Chairman MacManus inquired if Mr. Turner would be agreeable to bringing the pit. up to the reclamation standards of the .future, not the present, as part of the Conditional Use Permit requirements. Mr. Turner replied he had no .problems agreeing to whatever the Zoning Ordinance requires at the time. of reclamation. He stated the State is more stringent on reclamations now than the County is, and he is bonded by the State. He pointed out that -this land is owned by the Kirks, -Henry Morgan and himself and it is advantageous to them to make it as good as it can be. Chairman MacManus requested Mr. Turner address any .archeological .surveys conducted to ensure that the County is nat. losing any historical artifacts. Mr. Turner stated an archeological survey was conducted by representatives from the Chesapeake Chapter of the Archeological Society of Virginia the other day. Supervisor Bradshaw, requested Mr. Hartley comment on Pam Shaw's memorandum, the County's .Environmental ..Planner, dated Mazch 31, 2003 noting that flood zones exists on the parcels. Mr. Hartley stated there are .flood plains on the property; however, they are. not within the project area and would not be affected by the mining operation. He stated no wetlands showed. up in the National Wetlands Inventory, but this only maps wetlands that consist of three (3) acres or larger. Supervisor Bradshaw inquired if a field visit was ever. made as the Corps -letter dated March 13, 2003 indicated that a field ~ visit would be necessary to determine if wetlands were present. ~i Mr. Turner presented a letter. from the Corps advising -that no permit would be required from that office. 15 eo~~ ~ 21 >~~:~-633 Supervisor Bradshaw recommended that staff seek comments from the Chesapeake Bay Local Assistant Department on everything located in this area. Supervisor Bradshaw noted that Mr. Hopkins has recommended that the County require the applicant to provide a master plan of the entire site. Mr. Hartley stated staff has reviewed the preliminary copy of the master plan of the entire 600 acres being developed. Supervisor Bradshaw suggested staff' request comments .from. the Department of Economic Development and the Department of Public Utilities in the future on projects in this area. Supervisor Bradshaw- inquired if a traffic analysis was performed. Mr. Hartley stated a traffic impact analysis is not required as this project is a continuation-of an existing operation. Supervisor Clark inquired if Mr. Turner would be agreeable that the site not be used at this time as a wetlands mitigation site. Mr. Turner noted that he would need to speak with the other landowners before responding. He stated the County recently approached him asking. if he had any wetlands mitigation land available for the County to use. Supervisor Clark requested that Mr. Turner provide the Corps letter to him to the Board for inclusion in the record. ..Chairman MacManus requested .that the County Attorney report back to the. Board how soon land with a Conditional Use Permit would be assessed at a higher level. County Attorney Stroman stated he would review the timing issue as to when the new value. -would be reflected; however, the granting. of a request that affects the value of a property would be reflected in the increased tax assessed value of the property during the life of .the .Conditional Use Permit while it was active.. He stated Section 13005 of the County's Ordinance provides. under Conditional -Use Permits that the Board ~ may impose conditions or limits on any approval. Chairman MacManus inquired if the Board did. condition that the land could not be used far wetlands mitigation, could this be appealed by 4 applicants in-the future, 16 . sao~ 21 f~~f634 County Attorney Stroman advised the Board could remove the condition in the future should an applicant appeal the Conditional Use Permit. Supervisor Claud commented that this is not a new pit, rather this is a request to connect two (2) existing pits with no new entrances or exists involved. He stated..he believes that one (1) large pit has more long-term value to the County than Three (3}small pits separated by land in-between, .Supervisor Clark recommended that the Board place a condition that the site not be used at this time as a wetlands mitigation site. He stated he did not .see anything .that leads him to believe there would be -any degradation to Muddy Cross Pond. Chairman MacManus recommended that the Board place a condition that the reclamation.-plan would be consistent with the requirements of the Zoning Ordinance at the time of reclamation.. Supervisor Bradshaw stated he could not support the application due to the environmental needs associated with borrow pits. He stated borrow pit mining depletes a mineral that can not be .replaced or replenished in the County, and it is different from agriculture. Supervisor Clark. stated that he would like in the future for staff to include.. the Corps. letter. in the file prior to any public hearing so that the Board will be aware of their position with permitting and any environmental concerns. ' Supervisor Bradby moved the Board approve the application of Lynn K. Rose, Bruce R. Kirk, Benns Church Properties and Isle of Wight Materials, as recommended by the Planning Commission; that the reclamation plan would be consistent with the requirements of the Zoning .Ordinance at the time , of reclamation; and, that the site not be used at this time as a wetlands mitigation site. The motion was adopted (4-1) with. Supervisors MacManus, Bradby, .Clark and Claud voting in favor- of the motion, and Supervisor Bradshaw voting against the motion. Chairman MacManus called for a public hearing on the following:. D. 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 258) between Slant Drive (Route 6?4) and Booker T. Drive in the- Newport .Election District. The purpose of the application is for general commercial uses as conditioned 17 ~_.. 1 R eoo~ 21:~~:r6~5 County Attorney Stroman noted that the applicant has .proffered by letter dated .May 2, 2003 to further restrict potential uses, including the sale of mobile homes, to address certain concerns of the Board. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. David A. Stoup, the applicant, requested the Board approve his application. Chairman MacManus closed the public hearing .and called for comments from the Board. Supervisor Bradshaw .stated he would be unable to support the application as he believes the uses should be more restricted in this service district. He stated he would prefer that if the applicant ..wishes to have a facility for storage and sale- of wood- mulch that the use should be specific to that and only that use, .and that if the applicant desires to change the use that he come back to the Board. Supervisor Clark moved the Board approve the application of David A. and Amy M. Stoup with the May 2, 2003 proffers. The motion was adopted (4-1) with Supervisors MacManus, Bradby, Clark and. Claud voting in favor of the motion, and Supervisor Bradshaw voting against the motion. Chairman MacManus called for a public hearing on the following: _ E. The application of John C. Drumheller for a Conditional Use Permit to occupy a singte wide mobile home for up to two (2) years while constructing a permanent residence on 1.86 acres of land, located on .lot 2 of the Selma Horton Property on Bethany Chwch Road, Smithfield in the Hardy Election District. Chairman MacManus called for persons to speak in favor of, or in opposition to the application. Mr. John C. Drumheller, the applicant, requested the -Board approve his application. Chairman MacManus closed- the .public hearing .and called for comments from the Board Supervisor Bradshaw .commented that he would like. Mr. Hartley to address adequate public facilities on all new homes. Supervisor Claud moved the Board approve the application of John C. Drumheller. The motion was adopted (4-1 } with- Supervisors MacManus, :~ 18 I .~ ~®~~ 21,r,~~3fi Bradby, Clark and Claud voting in .favor of the motion, and Supervisor Bradshaw 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 the continuation of New Business items. - Mr. Hartley presented the Planning Commission's comments pertaining to Eagle .Harbor, Tract 4, .site plan review. He stated modif cations to the site plan have been made since that meeting to reflect additional landscaping along the back, and staff has requested than the ~, developer. look at alternatives to address -the .simple appearance of the end walls. Mr. Hartley requested comments from the Board. .Kemp Little, President of the. Breeden Company, stated his intention is to build a quality project and respond to the comments of the Planning Commission. - Chairman MacManus requested. that the applicant do as much. as possible to minimize the impact as motorists proceed down Route 17. Mr. Hartley presented the Planning Commission's comments pertaining to Eagle Harbor Tract 6, Phase. 3, site- plan review. He requested comments. from the- Board. Chairman MacManus requested that the applicant do as much as - possible to minimize the impact as motorists proceed down Route 17. - Supervisor Clark reminded Dean Vincent that he had previously been requested to provide the Board with copies of the archeological assessment (the cultural resources done in conjunction with the individual permit requirement) .performed on the Eagle Harbor property.- Mr. Vincent noted he would provide Supervisor Clark with a copy of the archeological assessment. County Administrator Caskey noted that a number of Isle of .Wight, England visitors would be fiere later this month. He invited the Board to attend a cookout at 5:00 p.m. on May 28, 2003 at The .Smithfield Center, to be sponsored by the Town of :Smithfield, the County, and the .Tourism Department. He also noted that there would be a brief choral concert at 7;30 p.m. on that day in the .green at the front of the Smithfield Times and that he would be sending out a reminder to the Board of this event. 19 a 1, ~ eu~K. 21 ..637 Supervisor Bradshaw noted that included in the County Connections .Newsletter is information pertaining to citizens' awareness of shortfalls in State funding. He noted that the County Administrator would be sending out a letter from him to all the County Administrators and Board of Supervisors' Chairs in VACo Region I regarding information that was discussed at the VACo ..Board meeting. He noted the Board would also receive a copy of this information. He noted the Coalition is developing a Resolution and Mission- Statement with respect to the General Assembly supporting the education funding shortfall. He noted that the Virginia- School Board Association is not in support of this issue, and the County's local School Board- needs to continue to support this at the local level. Supervisor Bradshaw noted that the Highland County Commonwealth Attorney has filed a lawsuit on behalf of its Clerk of Circuit Court because Highland County refused to fund the budget shortfall created by the State Compensation. Board. He requested that the County Attorney stay informed on this issue and express the County's support. County Attorney Stroman noted. that he is a member of the Local Government Attorney's Association of Virginia and he offered to contact the Committee and encourage them to become involved. Supervisor Clark moved that the Board. direct staff. to invite Dr. Michael Chandler from Virginia Tech to conduct a local workshop for Planning Commission and Board of Zoning .Appeal members. 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. Supervisor Clark noted that York County has received a .grant to-stock its fishponds with mosquito eaters. He requested that Mr. Robertson. investigate and report back to the Board an whether or not the County can take advantage of a similar grant program.. Supervisor Bradshaw requested that the Director of Public' Works contact Dr. McPherson to determine if all schools that have BMPs can be . provided with mosquito briquets. Donald T. ~ Robertson, Assistant County Administrator/Director of Human Resources,.. noted that he is meeting .with Health Department officials next week to begin to discuss some of the specifics on how to ,proceed with the proposed. mosquito control program. // • County Attorney Stroman requested a closed session under Section 2.2-3711.A.7 of the- Code of Virginia for discussion of acquisition of real property, for a public Purpose; under Section 2.2-3711.A.7 concerning 20 ~, eoo~ 21 ~~-638 consultation .with legal counsel concerning. actual or probable litigation or matters requiring the .provision of legal advice; and, under Section 2.2- 3711.A.1 conceming a personnel matter. Supervisor Bradshaw moved the Board enter closed session for the reasons. stated. 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. ~ ' Supervisor Claud moved the Board return to open session. 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. 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, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification ' by this Board of .Supervisors that such closed .meeting .was conducted in conformity with Virginia law; NOW, THEREFORE, BE TT RESOLVED that the Board of Supervisors hereby certifies that, to the best. of each members 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 identif ed 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 Claud moved that the Board accept Powell Management's proposal for the Carrollton Volunteer Fire Station and authorize the .Chairman to execute a change order to the existing. agreement regarding an amendment to the new Administration. Building, subject to the review of the ' 21 A R r B~~N ~~ !'r2c!~S•JN County Attorney... Funds should be taken from the Capital Contingency Account. 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. I/ With respect to the Pay and Classification .Plan, Supervisor Claud. requested that while the emphasis would be on direct .compensation, he would also suggest -that staff get all the information it can on benefits for. review by the Board. County Attorney Stroman noted he would ensure that Supervisor Claud's comments are included in the draft contract he has prepared.. Supervisor .Clark requested that .the County Administrator prepare a follow: up letter to the Treasurer with respect to Jeb's Market being erroneously listed as a delinquent tax payer. // i~ i~ Supervisor Bradby moved the Board adjourn its meeting at 8:50 p.m. The motion was adopted unanimously (S-0). .Ric d K. MacManus, Chairman