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07-17-2003 Regular MeetingeooK ~ 21:a:;~7U3 REGULAR •MEETING OF THE ISLE OF WIGHT- COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Fhillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sro Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator' Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey Mills Storm, RecordingSecretary Chairman MacManus called the meeting to order at 6:00 p.m. // Supervisor Bradshaw delivered the invocation. /i The Pledge of Allegiance was conducted. 1/ Chairman MacManus called for approval of the agenda. County Attorney Stroman requested that Item (H) on the Consent Agenda be removed as this item would be considered at a future meeting. He further requested that the Board add to Item 10 of its agenda, Closed Session, eight (8) closed sessions items as follows: two (2) personnel and legal matters under Sections 2.2 3711.A.1 and A.3; an economic development item pursuant to Section 2.2-3711.A.5; a contract. matter pursuant to Section 2.2-3711.A.6; two (2) legal matters pursuant to Section 2.2-3711.A.3; and, .two (2) legal matters requiring advice of counsel pursuant to Section 2.2-3711.A.7. Supervisor Claud movedthe. 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. Supervisor Clark recognized Jonathan Gwaltney for attending the public meeting tonight as part of his completion of his Eagle Scout award. 1, w eooK ~~ •~-s~~~~ // Chairman MacManus indicated the Consent Agenda (Item 2) included the following items: A. Planning Commission. and Board of Zoning .Appeals Action Lists ° B. DEQ/Public Notices for June 30, 2003 C. Letter to the Town of Smithfield on Mallory Pointe D. Resolution in Support of Virginia's Students E. Resolution to Approve the Resolution of the .Western Tidewater Regional Jail Authority Amending the Agreement of November 1, 1990 F. Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds for the Triad Program G. Carrollton Fire Station H, Donation of Surplus Equipment to Chuckatuck Volunteer Fire Department I. Delinquent Real Estate Tax Collection Monthly Report J. June 19, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal. Supervisor Bradshaw moved the Board adopt the above Consent Agenda, with the deletion of Item (H), Donation of Surplus Equipment to Chuckatuck Volunteer Fire Department, as requested by the County Attorney, 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, presented the summary report of current transportation. projects for the Board's discussion. He noted the VDOT Resident Engineer is present for his quarterly appearance and he would address any concerns of the Board. 2 804 ~~1 aar~~Ur) Supervisor Claud noted that the Maple Lane/Town of Windsor and Blue Ridge Trail projects should be done by the early part of this fiscal year as the funding is available. He noted that these projects were top priority and VDOT should make an effort to complete them as soon as possible: MacFarland Neblett, VDOT Resident Engineer, noted that the Maple Lane project is a 90-day process and much of its progress will be dependent upon the weather. He noted that construction on the Blue Ridge Trail project may be started by the Spring of .2004 and its progress will also be dependent upon the weather. Supervisor Claud requested clarification on the Route 460 project: Mr. Neblett noted that the Town of Windsor would like to extend the length of the project if at all possible, and because of the time that has gone by, the information VDOT currently has may need. to be updated. Supervisor Claud stated there has been no progress over the last sixteen (16) months with VDOT acquiring the remaining seven (7) right-of- ways on Muddy Cross Road. He .inquired what VDOT's plans are with respect to proceeding with acquiring these remaining right-of--ways. Mr. Neblett offered his assistance, as well as that of his staff, in conjunction with Supervisor Claud, to set up a meeting within the next 30- 60 days with the remaining landowners who have not dedicated the necessary rights-of--way to see if they are willing to dedicate. Supervisor Claud noted that the second phase of Four Square Road should not be a part of the Muddy Cross project. Supervisor Bradshaw requested the status of the environmental approval for Ballard Road. Mr. Neblett noted that there are a number of agencies involved with respect to environmental. approval, and VDOT is attempting to obtain the necessary permits at this time. Supervisor Bradshaw inquired about the status of Whispering Pines Trail project. Mr. Neblett noted that the project is almost complete. Supervisor Bradshaw notified Mr. Neblett of drainage concerns in the Camptown area, specifically between Washington and Pocahontas Streets. 3~ soak ~ 21 ~~p~70'i Supervisor Bradshaw requested that Mr. Randolph find out which road a citizen was referring to when a comment was made that the road was narrowed when it was repaved. Supervisor Bradshaw inquired about the status of Dukes Lane. Mr. Randolph noted that staff is in the process of securing final turn around, Supervisor Bradshaw requested that Mr. Neblett contact Mr. Randolph to establish a date that he can meet on-site at the flood area of the river. Supervisor Bradshaw inquired about the status of the ditches along the Carrsville Highway. Mr. Neblett reported that work has begun. Supervisor Claud requested the status of the drainage efforts at the intersection of Five Forks Road and Everetts Road.. Mr. Neblett advised that he was not sure what the plans are to correct the drainage problem, but that he would discuss it with his staff in the morning. Supervisor Bradby thanked staff for the work performed recently at the Rushmere Volunteer Fire Station. He requested that Mr. Neblett investigate the drainage problem occurring at Allendale Estates. Supervisor Clark thanked Mr. Neblett .for the sidewalk work performed in Battery Park. He requested a status report on the striping of Reynolds Drive. Mr. Neblett advised that the road surface must be eighteen (18) feet wide before edge-line striping can be performed and some of the areas along Reynolds Drive do not meet this criteria. He offered to see what else can be done to make this roadway safer for vehicular traffic. Supervisor Clark requested that Mr. Neblett investigate the drainage problem still occurring on Merritt Cove. He offered to meet with Mr. Neblett on-site, if necessary, to see what can be done to alleviate any standing water. Supervisor Clark advised that the contractors working at the Eagle Harbor Subdivision are performing work on the access points on Smith's Neck Road between the hours of 4:00 p.m. and 6:00 p.m., and it is causing traffic congestion. 4 P eot.~ ~~..~~::7U7 Mr. Neblett noted he would speak with the. contractors .and request that this work be done during off-peak traffic hours. Supervisor Clark inquired about the status of the traffic calming measures for Gatling Pointe South. Mr. Neblett advised. that VDOT staff has requested that .the Homeowners' Association develop. a plan based on certain criteria provided by VDOT. Supervisor Clark requested that VDOT coordinate this effort with both the Gatling Pointe South and Gatling Pointe Subdivisions. Chairman MaclVlanus inquired about the timetable for the Church Street/Center Lane improvements. Mr. Neblett noted that the study should be completed by the end of the Summer.. He encouraged the Board to continue to bring this issue up with the Commonwealth Transportation Board. Chairman MacManus inquired about the timetable for the Benns Church intersection. Mr. Neblett offered to get back to the Board on the status of this project. Chairman MacManus thanked Mr. Neblett for addressing the concerns of Mr. Jones with respect to drainage issues on Rattlesnake Trail Supervisor Bradshaw noted that .the Airway Shopping Center is currently flooded, and residents in the area have expressed concerns with respect to the breeding of mosquitoes. Mr. Randolph advised .that there is a meeting scheduled on Friday, July 18, 2003 at 10:30 a.m. to address the drainage issue. !/ Chairman MacManus called for Citizen's Comments. Harold West, a resident of the Zuni community, expressed his concern with deterioration of the water pressure throughout the day at his home. He stated when the electricity goes off due to storms, the community has no water because there is no tank. He requested the status of the .grant to upgrade the Zuni water system. Diane Stallings also expressed concern with the water pressure at her home in Zuni. She noted that she is aware that staff is waiting for bids to 5 e , eoe~ 21..~...°7j~'8 come irr on replacing the water system, and inquired if anything could be done in the interim to assist the Zuni residents, Albert Burckard, representing the Isle of Wight Citizens Association, addressed the Board with respect to the James River Reserve Ghost Fleet. He noted in the event of an oil spill, it is the County's own shoreline that is most threatened. In this regard, he requested that the County have an .agency in the County as a point of contact for the disposal of these ships, and that the County become more pro-active in the environmental issues, County Administrator Caskey responded that the Board has gone on record .and adopted_a resolution, in conjunction with the City of Newport News, that has been forwarded to the County's Congressional Delegation requesting that the Ghost Fleet be given attention by Congress .and be funded for removal, He stated responses have been received from the Congressional representatives, and he and the Director of. Planning and Zoning attended a meeting last September sponsored by Congresswoman Davis and other representatives from State and Federal agencies. He stated staff is, and will continue to be, involved with this issue. Chairman MacManus requested that the Director of Public Utilities address the questions and concerns expressed with respect to the Zuni water system, E. Wayne Rountree, P.E., Director of Public Utilities, stated that the Zuni water system has been awarded a partial grant to replace the water distribution system. He stated the bids are anticipated to be received on August 5, 2003, .and the work to complete the entire water distribution system is scheduled to be completed by the end of January, 2004, which should .solve approximately 85% to 90% of the pressure problems in Zuni. He stated staff visited the home of Ms. Stallings this week. and found that the pressure at the street is much better at the street. than the pressure is at her home. He stated in this case, she needs to replace the service line from the street into her home. Supervisor Bradshaw stated he spoke with Ms. Stallings who contacted a plumber who verified that there is no stoppage in the service line. Chairman MacManus recapped that the bids would be received by staff by August 5, 2003 and the work completed by January, 2004. He stated this work will ensure a consistent full pressure at the street. He inquired if Zuni lost its power more than other areas of the County. Mr. Rountree .advised that the Zuni water system has an alarm, and when power is lost, staff is aware within ten (10) minutes, and crews are dispatched to hook up a generator. He noted that none of the. other water systems have alarms. 6 eoa~ 21 ~ ~.~' a (l 9 Supervisor Bradshaw stated he has advocated the replacement of the water distribution system since he came became a Board member. He stated nothing has been done to the two (2) water distribution systems in his district until recently when staff began replacing the water lines at the Carrsville system. He noted the Zuni water system has been left to continually declined. He stated the residents who utilize these systems have been patient for many years and they do not want to wait until January. He inquired what could be done in the interim for these residents. Mr. Rountree advised that staff could work with the contractor to get him. to approach the worst areas first. He stated staff increased the pressure at the well this week by ten (10) pounds, although he is not aware if any of the customers have noticed any difference. He stated the pressure can not be increased much more or there will be serious leaks in the system. Supervisor Bradby encouraged the Board to take whatever action is necessary to correct this problem. Chairman MacManus suggested that perhaps a booster pump could be installed in the interim, although he is nat sure if this is feasible or if it could even be installed before the system is replaced. He stated he is not sure if the .County has a booster. pump available or how quickly one could be procured, but perhaps staff could review that option. Chairman MacManus moved that the Board direct staff to review and report back to the Board at its August 7, 2003 meeting with a recommendation on what technical options, i.e., a booster pump, that can be utilized to provide better water pressure for those customers of the Zuni community while the system is being replaced. 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. // At 7:00 p.m., Supervisor Claud moved the Board amend the order of its agenda in order to conduct the advertised public hearings. The motion was adopted unanimously (5-0). // Chairman MacManus called for a public hearing on the following: A. An Ordinance. to Amend Chapter 14, Sewage and Sewage Disposal, Article IX, Collections of Fees, Charges, Etc.. and Chapter 1.6.1, Water, Article IV, Connections.. 7 e , County Attorney Stroman stated that contained in the Board's agenda is an earlier draft of the Ordinance which omitted sections pertaining to the amounts of the penalties and collection fee. He distributed copies of the version adopted by the Board at its .June 19, 2003 and a copy of the properly advertised Ordinance. He stated the correct version was made available to the public for inspection: He stated State law requires that a matter be properly advertised and that a correct version be available for inspection in the Office of the County Administrator, both of which 'requirements were met. 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, as amended: AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE DISPOSAL, ARTICLE IX, COLLECTION OF FEES, CHARGES, ETC. AND CHAPTER 16.1, WATER, ARTICLE IV, CONNECTIONS WHEREAS, the Board of Supervisors has established conditions of service for. the provision of water and sewer service; and WHEREAS, it appears that a number of accounts are uncollectable and the County should adopt a procedure by which these accounts may be administratively written off; and WHERAS, it appears that the County should amend its water and sewer ordinances to facilitate the collection of delinquent accounts which are deemed collectable. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 14, Sewers and Sewage Disposal, Article IX, Collection of Fees, Charges, Etc. and Chapter 16.1, Water, Article IV, Connections, be amended as follows: Water Ordinance Sec. 16.1.17. Conditions of service. All consumers of water shall be supplied upon the terms of and shall comply with the following before water is supplied to the premises: (a) The person desiring water service shall sign a contract 8 prepared for that purpose prior to receiving water service. A separate contract shall be required for each premises; (b) When a water customer executes a contract for initial water service, or moves water service account from one .location to another, a fee of twenty dollars ($20.00) shall be charged for establishing the new account and turning on the water at the new location, except as exempted herein; (c) All water service customers shall pay a deposit prior to the initiation of water service, except those as exempted herein. The person desiring water service shall deposit with the County an amount equal to the average bill for that category of water customer for which water service is being requested, including charges for sewer service and utility taxes based thereon, if any, for four (4) months. The amount of said deposit shall be determined administratively, and. adjusted from time to time, as necessary; (d) The contract and deposit may be transferred by the County from the location for which it was initially requested to .any other location to which the applicant may move, if within the utility service area of the County; (e) A customer may be exempted from .the payment of deposit or new account fee if: (1) The customer was on a private water system acquired by the County, and the acquisition included a deposit previously paid by the customer, which is transferred to the County with the acquisition of the water system; (2) The customer was. on a private water system acquired. by the County, and the former owner of said system certifies to the satisfaction of the County as to the customer's satisfactory payment record; or (3) A customer has established a satisfactory credit rating with the County via an existing or previous water. account. (t~ Any deposits paid by a water service customer and held by the County shall be returned, upon request, without interest, after said deposit has been held by the County for six (6) consecutive billing cycles provided said account has. not been delinquent during. this period. Should the account become delinquent at any time during said six (6) 9, ~BL~ ~1 ~x~w'~~~~ consecutive billing cycles the deposit shall be retained by the County until six (6) consecutive billing cycles have occurred without any delinquency in payment. Upon the satisfactory completion of the six (6) consecutive billing cycles said deposits may be credited to the next bill,. or returned in cash, provided all outstanding charges and fees, if any, have been paid. (g) In the event customer's account is placed for collection, customer shall. be liable for, in addition to fees charged for termination of service, an additional administrative fee of $30.00 to cover costs associated with the processing of collection of accounts and an additional fee in the amount of one-third of the outstanding balance for the costs of collection. (h) On an annual basis, the Department of Public Utilities shall prepare a list of accounts deemed to be uncollectable in accordance with the collection procedures adopted for the pursuit of uncollectable accounts. Said list shall be reviewed and approved by the Finance Department and the County Administrator. Upon approval of .the County Administrator these uncollectable funds shall be administratively written off in accordance with acceptable accounting methods. Sewer Ordinance Sec. 14-46. Collection of unpaid sums. In the event customer's account is placed for collection, customer shall be liable for, in addition to fees charged for termination of service, an administrative fee of $30.00 to cover the costs associated with the processing of collection .accounts, and an additional fee in the amount of one-third of the outstanding balance for the costs of collection. ~N~ al+n~~ ~o n~~~on4n~ ~r. ~p mnr~nor r~rnc~i~oa ~~v ~na» ~i~r *~n ~I7LTIT~Ti4Ti~iGCGCr'"ITT- G'-77IL[TlT[G'1~7I'V~'ICZ On an annual basis, the Department of Public Utilities shall prepare a list of accounts deemed to be uncollectable in accordance with the collection procedures adopted for 'the pursuit of uncollectable accounts. Said list shall be reviewed and approved by the Finance Department and the County Administrator. Upon approval of the County Administrator these uncollectable funds shall be administratively written off in accordance with acceptable accounting methods. 10 ~~a~ ~i ,M.,,71.3 Sec.l4-47. Billing procedure-Generally. The county shall cause the wastewater meter, where the sewer rent is based upon metered wastewater discharge, to be read on a regular basis and shall cause sewer rent bills to be mailed forthwith following each reading. In the event a meter reading cannot be obtained for a particular billing period, the sewer bill may be based upon estimated water usage or wastewater discharge, with an appropriate adjustment made upon subsequent meter readings. Sewer rent bills shall similarly be mailed on a periodic basis with respect to each property subject to the flat-rate sewer rent. The first sewer bill following connection to the sewer. system may cover a period longer or shorter than: the regular billing period (but not for a period longer than six (6} months),and shall be prorated accordingly, if the County finds the same desirable in the administration of the billing procedure. Sec. 14-48. Same--Billingof sewer charges, etc., with water bill The amount of any and all sewer charges imposed by the County shall be shown as separate items from water charges on water use billing statements and shall be .applicable to all such statement of charges for water .service rendered on or after the effective date of these regulations. Sewer payments required by this article shall be due and payable at the same time as the water bill. The County shall not accept payment for one service without payment for the other. Unmetered sewer connections shall be billed without water usage indicated. Sec. 14-49. Same--Bills to be mailed to owner's address. Bills for sewer rent and other services as provided herein shall be mailed to the owner's address specified in the application for permit to make the connection. Failure to receive a bill as a result of incorrect address or otherwise, shall not excuse nonpayment of the bill or extend the time of payment. Sec. 14-50. Same--Second billing notice A second billing notice shall be mailed if payment for all charges is not received within ~~°°„ " ~` five (5) days from date of original ma~li~-g due date on bill with a note added that water service will be shut off if payment is not received in ten (10) days. Sec. 14-51. Unpaid charges, etc., to constitute lien. Any unpaid sewer rent fees or other charges,. together with penalties and interest thereon, may be collected in the manner provided. by state law. In addition, the County may require .that the .water supply be shut off to any property with respect to 11 eoow ~l r~;:~7~.~ which any sewer charges imposed hereby are delinquent until all such charges, together with interest, are paid. The Ordinance 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 Maclvlanus called for a public hearing on the following: B. Resolution Requiring the Prohibition of Through Trucks on Old .Suffolk Road, Route 636. Chairman MacManus called for. persons to speak in favor of, or in opposition to, the proposed Resolution. James A. Randolph, Campbells Chapel Drive, stated the Town of Windsor has taken apro-active approach in attempting to restrict the numerous through trucks that pass through the Town.. He recommended that the Board endorse the request by the Town of Windsor. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION REQUESTING THE PROHIBITION OF THROUGH TRUCKS ON OLD SUFFOLK ROAD, ROUTE 636 WHEREAS, the Windsor .Town Council has passed a resolution concerning restricting through trucks, tandem axles and .larger on specific streets within the Town of Windsor; and, WHEREAS, East Griffin Street, Route 636 in the Town of Windsor becomes Old Suffolk Road, Route 636 after leaving the corporate boundaries of the Town of Windsor; and, WHEREAS, Through trucks would be prohibited on Route 636 between the Windsor Corporate Limits and Route .460; and, WHEREAS, The alternate route for through trucks would be Route 460 to Route 610; and, WHEREAS, .Isle of Wight County through .its Sheriff Department is willing to enforce the proposed restrictions. NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that we request the Virginia Department of Transportation and the Commonwealth Transportation Board to take all 12 Boca ~~. -x;:'715 necessary actions to provide for the restriction of through trucks, tandem axles and larger on Old Suffolk Road, Route 636, between Route 460 and the Windsor Corporate Limits. The Resolution 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: C. The application of Sarah J. Garth et al. for a change in zoning classification from RAC to Conditional Rural Residential of approximately 30 acres of land .located on the east side of Collosse Road .(Route 641),, .3 mile south of Walter's Highway (Route 258) in the Carrsville Election District. The purpose of the application is for a single-family residential lot as conditioned. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. Durwood Scott, Real .Estate Broker representing the sellers of the property, noted the property is owned by five (5) individuals who are elderly and reside out-of-state. He stated the Planning Commission recommended approval of the rezoning with the cash proffers of $4,000 being secured by a Deed of Trust and that there would be no further subdivision, including family member transfers. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Sarah J. Garth, as conditioned. 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 fora public hearing on the following: D. The application of Isle of Wight County Department of Parks & Recreation to hold the "2003 :Isle of Wight County Fair" on Thursday, September 11, 2003 through Sunday, September 14, 2003 on 43.9 acres of land adjoining the Courthouse Complex which is located on the west side of Courthouse Highway (Route 258) in Windsor Election District. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. 13 60G~ 2~ ~pv`~~U Tom Baise, Chairman of the Isle of Wight County Fair, requested that the Board approve the application for the County to hold its tenth (l0a') annual County Fair. Karen Casey, Department of Parks and Recreation, spoke in support of the Board approving Mr. Baise's request to hold the tenth (l0a`) annual County Fair. Chairman MacManus closed. the public .hearing. and called for comments fromthe Board, Supervisor Claud moved the Board approve the application of the Isle of Wight County Department of Parks and Recreation. 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. // 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 County Attorney's report. County Attorney Stroman advised that in the matter of Burckard v. Board of Zoning Appeals of Isle of Wight County, a hearing. was held on July 15, 2003 on the Board of Zoning Appeal's (BZA) Special Plea of Lack. of Standing. He reported that the Court sustained the BZA's Special. Plea, and this ruling effectively ends the case unless the petitioner seeks a Writ of Certiorari from the Virginia Supreme Court. County Attorney Stroman stated he has discussed with the Director of Public Utilities certain revisions to the lien form that is used for delinquent rates. He stated while. State law gives counties the power to take advantage of these liens, the County's current ordinance does not address them specifically. He recommended two (2) revisions be incorporated to Chapter 16.1 of the water section to add a subsection (c) to Section 16.1-11 providing that all-unpaid bills shall become a lien, Supervisor Bradshaw pointed out that many farmers in the County rent out homes, and he did not believe they would be expecting a lien to be placed on their property should a renter not pay his bill. He stated he did not disagree with the concept, but he is not sure how the County could educate the public on this issue. He requested that the process be outlined on how a lien would be secured, and how would the properly owner would be notified. 14 I; eaaK 21 ~~~-717 County Attorney Stroman stated this revision is designed for situations where the bills are significant and to ensure that the County can recover the funds when the property is transferred. Chairman MacManus suggested it would be helpful to explore how this issue is addressed in the neighboring communities of Suffolk and Chesapeake. Supervisor Glaud moved the Board- defer action until the Board's August 7, 2003 meeting. In the meantime, the County Attorney is to provide the Board with a report on what other surrounding communities are doing with regard to liens, and if there is similar language contained in their ordinances. 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 reported that the renovations to the Isle of Wight County Courthouse are significantly behind schedule.: He stated, in addition, the contractor (All Pro) has repeatedly failed to comply with the contract drawings and specifications. He advised that a Stop Work Order was issued by staff to the contractor, and he has made a claim on All Pro's Performance Bond. // Chairman MacManus called for the County Administrator's report. Jonathan W. Hartley, Director of Planning and Zoning, presented a request of Miller Oil and Artlite Sign Company, Inc. to replace the sign faces in existing signs at the Miller Oil. Station located at 19417. Brewers Neck Boulevard, Carrollton, in the St. Luke's Historic District. Supervisor Bradshaw noted that this intersection is extremely busy and the sign is in a potential area that VDOT may need to acquire in order to address transportation concerns. He inquired if this would be an appropriate time to request that the owner relocate the sign. Mr. Hartley stated the .sign structure already exists and only the message board is being proposed for replacement. Chairman MacManus suggested that if the Board could impose conditions on its approval, the request could be approved only for the interim. County Attorney Stroman stated the issue for approval is the replacement for an existing sign and the .County's ordinance permits the placement of existing signs provided that the owner does not attempt to change the sign. l5 80~R P ~~ r~jt,~~~ Chairman MacManus stated it is a personal concern of his that the County's .current Zoning Ordinance does not give the County the authority to do more. He stated issues can be corrected in the future and he looks forward to greater options when .the Board considers the revised Zoning Ordinance. Supervisor Claud moved the Board approve ' the request, as recommended by the Historic Architectural Review Committee. 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. Mr. Hartley advised the Board that with respect to the matter of the request of Isle of Wight County for construction of the Administration Building adjacent to the Courthouse Complex .which is located in the Courthouse Historic District, the .applicant has advised that he will be unable to attend the meeting and he recommends the Board table the matter until the Board's first meeting in August, 2003. Supervisor Clark moved the Board table the matter .until. the Board's August 7, 2003 meeting. 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 presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia Establishing the County Cash Proffer Policy which has been updated and which he recommends the Board adopt. Supervisor Claud made reference to the Methodology section under Item B and inquired. if the Resolution should specify this. County Attorney Stroman stated because the Resolution ties itself to the Cash Proffer Study that it would not be necessary. He stated he has noted Supervisor Claud's concern and will ensure that both his .and Mr, Hartley's office are sensitive to this issue. He further stated under Methodology there. is a reference to June, 2003 and he would suggest that the Board amend it to reflect July, 2003° Supervisor :Clark moved the Board adopt the following Resolution, as amended changing "June" to "July": RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT. COUNTY, VIRGINIA ESTABLISHING THE COUNTY CASH PROFFER POLICY 16 eo~~~ . ~~ ~~~:~'~~. q WHEREAS, Section 15.2-2298 of the Code of Virginia and Section 10305 of the Isle of Wight Zoning Ordinance authorize the acceptance of cash proffers by Isle of Wight County from rezoning applicants, provided, (i) the rezoning itself gives rise to the need for the conditions; (ii) the conditions have a reasonable relation to the rezoning, and (iii) all conditions are in conformity with the Isle of Wight County Comprehensive Plan; and, ..WHEREAS, the Growth Management and Land Use Provisions of the Isle of Wight County Comprehensive Plan establish the overall objective of requiring that future growth pay its fair share of the associated costs for additional public facilities and services for which new development generates demand; and, WHEREAS, the Board of Supervisors of Isle of Wight County finds that rezoning and development of properties for residential use may result in increased population and a commensurate increase in the. need for capital improvements required to maintain the levels of service provided by the County; the costs of certain of the capital improvements which .are reflected in the Capital Improvements Program and Community Facilities Chapter of the Comprehensive Plan have been calculated on the basis of a typical new residential unit and the contribution of each such residential unit to funding of capital improvements through the tax rate has been calculated; and, WHEREAS, the Board finds that rezoning and development of properties for commercial and industrial use may result in more intense use of certain public facilities and also in increased tax revenue and other economic benefits to the County; and, WHEREAS, .the .capital improvements related to new commercial and industrial development may be analyzed and determined on a site specific basis; and, WHEREAS, the Board recognizes that each development proposal presents circumstances requiring particularized evaluation, with regard to the resulting cost and benefits accruing to the County. THEREFORE, BE IT RESOLVED by the Board of Supervisors that the following shall be the general guidelines for consideration and acceptance of cash proffers and will be considered by the Board in conjunction with other land use factors applicable to particular development proposals, and other proffers offered by rezoning applicants; I. APPLICABILITY These guidelines shall be applicable to all rezoning applications. Amounts set out in this Policy, representing the cost of public facilities and public capital costs for each typical unit of a development, are general guidelines only. Individual rezoning applications present .circumstances, which are to be 17 eoo~ , 21.~,;f 7~:E1 considered in evaluating applications and proffered conditions. Those circumstances and factors include: A. Proffers of dedication or construction of public facilities or land, or of amenities or facilities available for use in connection with a proposed development, which decrease the need for use of community facilities existing, or planned by the County. B. The economic benefits of industrial and commercial development and the contribution of a .development proposal to the goal of development properly apportioned between residential, industrial, and commercial types. C. The scale of the proposed development and the minimal incremental effect on community facilities of residential development consisting of only one additional lot, In considering voluntary proffered conditions, it is the intent of the Board of Supervisors to apply this policy as equitably and fairly as possible under the law and to avoid any greater or lessor economic advantage to any applicant fora rezoning of property. II. METHODOLOGY A. General Considerations: The impact of proposed developments on public facilities and the need for capital improvements will be reviewed on a case-by-case basis. The basis for analyzing the needs to be generated by proposed residential development, and the economic contribution of the development, shall be projected capital costs and tax revenues set out in documents referred to below, Those costs and. revenues are established for typical County residential units. In general, the revenue generated by commercial and industrial development is expected to cover the capital costs of fire protection and emergency medical services. Each proposed development will be reviewed to identify any unusual or excessive requirement of that nature. No contribution for schools, parks, or libraries is expected for commercial and industrial applications. The County's policy with respect to cash proffers in commercial and industrial rezoning shall be interpreted liberally in order to promote desirable economic development. B. The cost of needed public facilities as described in Cash Proffer Study, Isle of Wight. County, Virginia, dated July, 2003 as may be revised and updated and applicable to each typical single family residential unit are summarized as follows and shall, in addition to other factors described in this policy, be the basis for consideration of cash proffers: 18 4~ e~~~ ~ 21..~,-7~~ Public Schools $9,641 Recreational Facilities 695 County Buildings 362 Fire Stations 437 Rescue Squad 54 TOTAL CASH PROFFER $11,189 C. The cost of needed public facilities for other forms of residential development have been determined to be as follows, as more fully described in the Cash Proffer Study:. Multifamily $13,611 Mobile Home & Other $11,507 III. ANALYSIS OF THE FINANCIAL BENEFITS OF DEVELOPMENT A. The contribution of a development to public improvements financed through the tax rate. has been based on the percentage of the tax rate attributable to debt service over the 20-year period of a general obligation bond, and is more thoroughly described in the Cash Proffer Study, B. Analysis of in-kind .donations, such as land or facilities, should be based on the value set out in the written proffer, or a method agreed upon by the staff and the applicanto IV. ADMINISTRATION Cash proffers when voluntarily submitted by the applicant and accepted by the Board of Supervisors and made a part of the conditional zoning will be further evidenced by a demand note to the County of Isle of Wight, without interest, in the amount of the total aggregate of the proffers. The note will be secured by a deed of trust of all of the property involved in the rezoning. Upon the payment of the proffer to the .County on each lot, the lot will be released from the deed of trust. The County further agrees that the deed of trust to secure the cash proffers will be subordinated to deeds of trust for financing of development of the property. V. CAPITAL IMPROVEMENTS PROGRAM. Consistent with Section 15.2-2239, of the Code of Virginia, the Board of Supervisors annually adopts the Capital Improvements Program, which incorporates the Capital Improvements Plan of the School Board. BE IT FURTHER RESOLVED by the Board of Supervisors that a copy of this policy shall be provided by staff to all applicants for amendments to the Isle of Wight County Zoning Ordinance during consultation on submitting an application. 19 B~Gk ~~ ~Ari~~~~ The Resolution was. adopted (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motione County Attorney Stroman stated staff has prepared a Proffer Policy and he is in the process of reviewing it in anticipation of bringing the Board a report at its next meeting. Chairman .MacManus moved that the Board direct staff to continue to bring back to the Board recommendations regarding a Proffer Policy, including non-cash proffer items that staff would recommend. The motion was adopted (4-0) with Supervisors. MacManus, Bradby, Clark and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. County Administrator Casket' noted the Board may wish to set a work session with the Towns of Smithfield and Windsor, their attorneys and respective staffs to go over .the information contained in the Cash Proffer Study. " Chairman MacManus stated Judy Begland, Chairman of the Planning Commission, has indicated an interest in forming a committee between the three (3) Planning Commissions of the Towns of Smithfield and Windsor and. the County on a quarterly basis. He requested that a presentation from Loudoun County regarding its experience be presented at this meeting. Supervisor Claud suggested that the Hampton Roads Planning District Commission staff present the technical aspects of the data. Supervisor Bradshaw moved the Board authorize staff to set up a meeting for August 28`h at The Smithfield Center and that staff be directed to amend the agenda to include, if possible, a presentation by Jim-Burton to share the Loudoun County story, and to contact the Towns of Smithfield and Windsor, as well as the Hampton Roads Planning District Commission. 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. Karen Casey, Parks and Recreation, recommended the Board adopt the Resolution To Submit The Application For Recreational Access Road Grant Funds And. To Accept And Appropriate Grant Program Funds From the Commonwealth Transportation Board. Supervisor Claud moved the Board adopt the following Resolution and authorize the County. Administrator to sign and submit the documents as required by the. Commonwealth Transportation Board to request funding for the program: 20 aoQ~ - 21 >~-~.7%. RESOLUTION TO SUBMIT THE APPLICATION FOR RECREATIONAL ACCESS ROAD GRANT FUNDS AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS FROM THE COMMONWEALTH TRANSPORTATION BOARD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submittal of a grant program application requesting funds from the Commonwealth Transportation Board as set forth in Section 33.1-23 of the Code of Virginia: and WHEREAS, the Board of Supervisors of Isle of Wight County has designated 262 acres of county owned property for the creation of a public park to be known as the Central County Park and Fairgrounds: and WHEREAS, the right of way of the proposed access road is provided by Isle of Wight County at no cost to the Recreational Access Fund: and WHEREAS, THE Board of Supervisors of Isle of Wight County agree to appropriate the sum of one hundred thousand dollars $100,000.00 as a match to funds allocated by the Commonwealth Transportation Board for the primary access road to the Central County Park and fairgrounds: and NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight hereby requests the Director of the Department of Conservation and Recreation to designate the Central County Park and Fairgrounds as a public park, and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for arr access to serve said park: and BE IT FURTHER RESOLVED, that the Commonwealth Transportation -Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. 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. 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. Mr. Robertson. stated for the Board's information that staff would be developing a comprehensive. County safety policyJprogram to cover all departments as part of its overall effort to compile and update County policies. 21 eoe~ 21:;,~;~`7~~ Supervisor Bradshaw .stated the VML report is negative on the County, and the County is behind on its safety procedures. He .stated change will not occur overnight and he requested that Mr. Robertson continue to work on the programs. County Administrator Casket' presented a Resolution to Establish a Vehicle Use Policy for the Board's consideration. He stated the County Attorney and staff have revised the Resolution and he' recommends the Board approve it. Supervisor Claud .moved that the Board adopt the following Resolution, as amended, to include language "at the scene" where reference is made to "not to admit responsibility:" RESOLUTION TO ESTABLISH A VEHICLE USE POLICY WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia desires to regulate the operation and use of County vehicles in order to promote the safety and wellbeing of County vehicle operators and the travelling public; and, WHEREAS, the proposed Vehicle Use Policy establishes systematic policies and procedures regarding authorized and unauthorized use, accident procedures, driver licensing, records, standards, and training; and, WHEREAS, in order toprovide adequate implementation time, such policy shall be made effective sixty (60) days from adoption of this resolution; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County,. Virginia, that the proposed Vehicle Use Policy be adopted, The Resolution 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 Old Business. Chairman MacManus called for consideration of Item (1), Carrsville Water System; E. Wayne Rountree, P.E., Director of Public Utilities, presented information pertaining to the Carrsville Water System for the Board's 22 .•. 8o6M .° ~1 -a<<<~~~~ information. He noted that by this time next year, approximately 75% of the 110 customers would be metered. Supervisor Bradshaw stated this County has taken no action on either system for years except to maintain it. He stated his neighbor had a fourteen. (14) section of pipe removed from his driveway that contained twelve (12) patches. He stated the Board has increased the rates in the past, but it can not guarantee these citizens that they can wash their clothes or take a shower. Chairman MacManus commented that the County has a quote for $1 million to be spent on the Zuni system .and the worst sections of the Carrsville section have been repaired. He stated the sewage pump stations are in the CIP for the future to be replaced.. He stated the Board has recognized that these citizens have not been getting the service as these residents are paying less than the lowest rate that anyone else in the County pays. Supervisor Claud moved that the Board authorize staff to advertise for public hearing at the Board's August 21, 2003 meeting to increase the non- metered rate from $16 to $20, effective January 1, 2004. The motion was adopted (3-2) with Supervisors MacManus, Clark and Claud voting in-favor of the motion, and Supervisors Bradshaw and Bradby voting against the motion. Supervisor Claud moved that the Board .authorize staff to begin charging metered water rates as .individual portions of the distribution system are replaced and meters are installed and that the Director of Public Utilities be given discretion on how to handle customers that will be changed from non-metered to metered customers January 31, 2004 through June 30, 2004.. The motion was adopted (3-2) with Supervisors MacManus, Clark and Claud voting in favor of the motion,. and Supervisors Bradshaw and Bradby voting against the motion. Mr. Rountree stated the County's original Water Ordinance contained a provision that if a customer had a leak through no fault of their own and fixed the leak on their own, the County had the authority administratively to make an adjustment in the bill. He stated somehow this provision had disappeared and he would .like to incorporate that language back in the amendment considered at the Board's August meeting. County Attorney Stroman advised that the Board would need a motion to amend its agenda with a second motion to add this to the public hearing for the Board's August 21, 2003 meeting. Supervisor Claud moved that the Board amend the agenda.. The motion was adopted unanimously (5-0). 23 nn ~ ~ Supervisor Claud moved that the Board direct the Director of Public Utilities to present the Board with appropriate language to be incorporated into the Water Ordinance that addresses if a customer has a leak, and fixes the leak, that staff is given administrative authority to make an adjustment in that customer's bill for consideration at the Board's August 7, 2003. meeting for possible inclusion in the public hearing at the Board's August 21, 2003 meeting.. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote.. Chairman MacManus called for consideration of Item (2) under Old Business, the Archaeological Assessment Cost -Share Agreement and Scope of Work. County Administrator Caskey .requested that .the Board adopt the Agreement, as previously approved. by the County, and appropriate the sum of $1.0,000 from the contingency fund. Supervisor Clark moved the Board authorize adoption of the Archaeological Assessment Cost Share Agreement, as previously approved by the County Attorney, and appropriate $10,000 from the Contingency Fund. 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 New Business. Supervisor Bradshaw addressed the issue of the recent Perdue farm closings. He requested that Glenn T. Rountree,. Extension Agent, be present to address this issue at the Board's August 7, 2003 meeting. Supervisor Bradshaw moved that the Board direct staff to prepare an impact assessment and options on what can be done by the County with respect to the recent Perdue farm. closings. 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 requested the status of the outfall ditches along Brewers Neck Boulevard. Mr. Hartley offered to review the matter and report back to the Board. Supervisor Clark advised that Mr. Hammock has reported that curbing in .the Gatling Pointe South Subdivision has never been completed by East West Partners and he would like Mr. Hartley to list this matter as an action item. 24 4~, t Mr. Hartley advised that he spoke with Branch Lawson last week who promised to check into the matter and report back. Supervisor Clark moved that the Board request staff to obtain information from. the Department of Historic Resources regarding sites and potential use of maps for identification of historical and archeologically sensitive sites. 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 requested that staff advise applicants the County would rather them hold off on any applications until the County's Zoning Ordinance is adopted, so these applicants do not have to go before the Board of Zoning Appeals for approval of setback requests. County Attorney Stroman noted that applicants could also save time and expense. Supervisor Bradshaw noted with the change of the new Route 258 Connector to Route 58, signage in this area also needs to be changed to direct trucks to use this route and also to discuss placement of signage indicating "No Through Trucks" in the Camptown area. He noted that he would meet with Mr. Hartley and Mr. Randolph to further discuss the matter. With respect to the VACo Awareness Campaign, Supervisor Bradshaw noted that he would discuss with the County Administrator and, staff a strategy to move forward, and he would bring back a report to the Board. Chairman MacManus moved .that staff provide a written summary to the Planning Commission when the Board takes action on Planning Commission actions, so that the Planning Commission will know how the Board responded and what actions the Board took so that the Planning Commission can gauge .where the Board is on such issues. 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 requested a closed session, as follows: a matter pursuant to Code of Virginia .Section 2.2-3711.A.1 for discussion and consideration of a personnel matter; four (4) items under Section 2.2- 3711.A.7 concerning specific legal matters requiring advice of counsel, one (1) item which qualifies under Section 2.2-3711.A.1 and A.4 as a legal matter and as a personnel matter; a matter under Section 2.2-3711.A.5 25 BQQP 2.L ~N~:° ~~1J concerning discussion pertaining to a perspective business or industry where no previous announcement has been made; and a matter under Section 2.2- 371`1.A.6 concerning the investment of public funds. Supervisor Claud moved the Board enter closed session for the reasons stated 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.. Supervisor Bradshaw 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 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 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 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Bradshaw moved that the matters discussed. by .the Board in closed session with respect to compensation for personnel be approved. 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. 26 eoo~ Z~~ ~.: i~~~ Supervisor Bradshaw moved the Board move its meeting time for its August 7, 2003 from 2:00 p.m. to 4:00 p.m. and authorize staff to advertise the change in time in the newspapers. 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 moved that the Board direct the County Attorney to discuss the status of the courtroom addition with the judges to make them aware of the project status. 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. // At 10:15 p.m., Supervisor Claud moved the Board adjourn its meeting.. The motion was adopted unanimously (5-0). Richard K. MacManus, Chairman I 27e