10-02-2003 Regular MeetingBOCK t ~2 rq;rf ?•~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SECOND DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND THREE
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Phillip A. Bradshaw (Arrived at 2:05 p.m.)
Henry H. Bradby
Robert C. Claud, Sr.
Also Attending: Jacob P. Stroman, IV, County Attorney ~ ~:
W. Douglas Caskey, County Administrator
Donald T. Robertson, .Assistant
County AdministratorlDirector of
Human Resources
Carey Mills Storm, Recording Secretary
Chairman MacManus called the meeting to order at 2:02 p.m.
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Supervisor Clark delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman MacManus called for approval of the agenda.
County Attorney Stroman requested under Item 11, Closed Meeting,
that nine (9) matters under Section 2.2-3711.A.7 of the Code of Virginia
pertaining to actual or probable litigation requiring the provision of .legal
advice be added to the agenda; one (1) matter under Section 2.2-3711.A.7 of
the Code of Virginia pertaining to the provision of legal advice by counsel
and the investment of public funds be added; one (1) matter under Section
2.2-3711.A.5 of the Code of Virginia pertaining to the provision of legal
advice concerning a prospective business; a personnel matter under Section
2.2-3711.A.1 of the Code of Virginia be added; and, that under New
Business, .Supervisor Claud wishes to make an appointment to the
Beautification Committee.
^ Supervisor Claud moved the .Board approve. the Agenda, as amended.
.The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman MacManus called for discussion on the Declaration of A
Local Emergency:
County Administrator Caskey stated the County declared a local
emergency in anticipation of Hurricane Isabel on September 17, 2003 at
8:00 a.m. He stated the Code of Virginia provides for the Declaration of
Local Emergency by the .local Director of Emergency Management with the
consent of the governing body and for the Board's consideration is a
resolution he recommends the Board adopt.
Supervisor Claud moved that the Board adopt the following
Resolution to Declare a Local Emergency:
RESOLUTION TO DECLARE
A LOCAL EMERGENCY
WHEREAS, due to the projected landfall and impact of Hurricane Isabel,
the County is facing the potential for heavy rain, wind storms, and, a condition
of extreme peril of life and property which necessitates the proclamation of the
existenceofan emergency; and,
WHEREAS, Section 44-146.21 of the Code of Virginia provides for the
declaration of local emergencies; and,
WHEREAS, the Isle, of Wight County Board of Supervisors has approved.
an Emergency Operations Plan.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia does confirm the
declaration of a local emergency,
BE IT FURTHER RESOLVED that during the existence of said
emergency the powers, functions, and duties of the director of emergency
management for the County of Isle of Wight and other local ofFicers and
employees having emergency responsibilities shall be those prescribed by the
Plan and all applicable State and Federal law; and,
BE IT FURTHER RESOLVED that this resolution is effective this date,
and shall remain in effect until rescinded by the Board of Supervisors as
provided by law.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman MacManus called for a special briefing on Hurricane Isabel.
Assistant County Administrator and Public Information .Officer
Robertson briefed the Board on past and ongoing activities associated with.
Hurricane Isabel. He noted that while information is still being received
from various agencies, there were approximately 255 structures damaged in
the County, thirty-nine (39) of which have been declared uninhabitable by
the County's Inspections Department, for a total preliminary value of $3.7
million. He further noted that there were several businesses in the County
that sustained damage, and the Extension Agent has assessed the
agricultural impact at $7.4 million. He noted debris management is
currently underway, and approximately % of the material that is expected to
be collected over the next several weeks has been collected. He stated staff
is attempting to match senior .citizens and disabled individuals that are
requesting assistance in having their trees cut and hauled away with
volunteer organizations that are providing that type of service. He stated
most all of the trees along the Courthouse Complex were damaged and were
removed and the Nike Park facility was substantially damaged. He further
stated VACo, the County's insurance provider, will be performing an
assessment and assisting the County with a complete assessment of damage.
He noted that Public Utilities staff worked diligently fixing leaks and breaks
in the County's water ar~d sewer systems and kept them operational via
generators. He stated water quality issues. throughout the County are
continuing to be addressed. He stated County staff, along with FEMA and
VDOT performed assessments of the County's primary and secondary
roadways and most roadways have been cleared. He stated there will be
certain challenges relative to the County's Zoning .Ordinance and the
policies that will affect individuals as .they begin rebuilding and recovering
from this hurricane. He stated Virginia Power and Community Electric have
restored permanent electrical service to _ most of the County's citizens. He
stated shelters were opened at the Smithfield High School and Windsor
High School which housed approximately 650 individuals. He noted that
there were also other organizations and churches that assisted individuals
with safe havens or shelter during the hurricane. He stated staff was initially
unsuccessful with .the procurement of ice and water through the State and
FEMA, but with the assistance of Smithfield Foods, distribution of ice and
water began at the .Courthouse Complex, Smithfield and Windsor High
Schools, and most of the volunteer fire and rescue facilities. He stated food
was provided via the Salvation Army, Red Cross and volunteers in the
County. He stated Social Services has begun and will be accepting
applications for emergency food stamps over the next several .weeks. He
stated in an effort to inform the public on the location of the water and ice
distribution sites, staff conducted interviews that were aired on t.v, and
radio, the County set up a general information line at the Courthouse
Complex, and the various volunteer fire and rescue organizations,. aswell as
volunteers assisted. with spreading the word to the public. He stated a
meeting is also scheduled for Monday, October 6, 2003 at 7:00 p.m. in the
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Circuit Court Room where efforts will continue to .match individuals with
agencies that can assist them in their recovery. He .stated staff has provided
information. about the meeting to the various newspapers, as well as
advertising it on the County's PEG channel and website, and at the County's
various library facilities and at various areas around the Courthouse
Complex. He stated that staff did not know until .late yesterday that it had
commitments from agencies that could attend. He stated many volunteer
individual and agencies assisted with community outreach. He .stated a
disaster relief center was established in Smithfield and volunteers from
throughout the country assisted with distribution of water, food and ice. He
stated a Marine Corps Reserve Unit volunteered their assistance and
National Guard personnel were assigned to this area to keep up with the
demand for delivery of water and ice. He stated Tucker Swamp Baptist
Church volunteered their assistance, as well as the Virginia. United
Methodist Church Relief Organization. He stated Social Services staff and
County employees worked tirelessly in assisting with sheltering needs and,
in the aftermath, with basic needs of citizens.
Supervisor Bradshaw suggested that staff distribute flyers to the
various schools to publicize the meeting scheduled for Monday, October 6a`
in the Circuit Court Room.
Chairman MacManus suggested that posters be distributed to the
various grocery stores in the .area.
Supervisor Bradby inquired if follow-up meetings could be held in
various communities throughout the County.
Chairman MacManus noted that due to the impact to each district, .the
Courthouse Complex was considered the most central location for this
meeting so that all five (5) districts could be served equally in the County.
Supervisor Bradshaw suggested that Supervisor Bradby contact Mr.
Robertson .and request that County staff conduct a meeting in his
community.
Sheriff C. W. Phelps stated his personnel met with County staff on
several occasions to discuss the upcoming storm. He stated the County was
divided into districts and deputies were assigned on a twelve (12) hour shift.
He stated he had two (2) civilian individuals monitoring the Blackwater
River for the Sheriffls Department. He stated because of the. efforts of
certain volunteers in clearing. the roadways, his staff in a short period of time
was able to evaluate the various areas of the County. He expressed gratitude
for the efforts of the Carrsville Volunteer Fire Department and the Rushmere
Volunteer Fire Department members who enabled the Sheriffls Department
to assess the damage that had occurred in the County.
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John Catron, Social Services Director, reported the primary
responsibility of Social Services was to man the two (2) shelters that were
opened on September 17, 2003. He stated twenty-three (23) Social Services
employees and twelve (12) County employees manned the shelters on two
(2) different shifts. He stated there were 618 evacuees, not including Social
Services staff. He expressed appreciation to the HAM operators who
offered their assistance in contacting Social Services staff at the shelters who
had no telephones. He stated Red Cross volunteers and members of the
Health Department also assisted at the shelters. He stated his staff logged in
excess of 1,100 hours at the shelters.
Glenn Rountree, Extension Agent, made reference to his report
assessing the agricultural impact to the County as a result of the hurricane.
Supervisor Bradshaw suggested that Mr. Rountree contact Senator
Allen and Congressman Forbes with respect to assistance for the County's.
farmers. He noted farmers are not asking for loans, but direct grants.
Mr. Rountree stated at this point, farmers are only eligible to receive
low-interest emergency loans, which only adds to their debt and is not what
they need at this time. He stated it could be as long as a year before County
farmers receive any assistance.
Supervisor Bradshaw noted that the FHA is advising farmers to
document the amount of time they have spent. clearing trees.
Chairman MacManus invited Mr. .Rountree to bring back any
recommendations for Board action as the County's agricultural community
is in desperate need of help and has been devastated by this storm.
MacFarland Neblett, Resident Engineer, VDOT, acknowledged the
help VDOT received from private citizens and. emergency services that
opened paths along the County's roadways. He stated VDOT initiated a two.
(2) phase process, the first step being to cut the trees in order to open up
travel lanes. He stated the second phase is clearing and removal of the
debris by working with a contractor on a Hampton Roads district-wide
contract. He stated VDOT's preliminary estimate with regards to clearing
the roadways in the County is approximately $6.5 million.
County Administrator Caskey acknowledged the commitment and
.dedication displayed by his staff and expressed his appreciation to all that
assisted in various ways during the hurricane. He noted he would be
developing a comprehensive list in the future of individuals to be thanked
that he would present to the Board in a more formal fashion.
- Supervisor Bradby personally thanked Sheriff Fhelps and his staff for
providing security for the Burwells Bay area. He also thanked the Director
of Public Utilities, the Director of Public Works, the County Administrator
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and all County staff for their tireless efforts .during the storm .event. He
noted that Mr. Finderson and Ms. Edwards also delivered food to the
Rushmere .community.
Supervisor Claud personally thanked County staff, volunteers and all
the various volunteer organizations for their assistance during the hurricane.
Supervisor Bradshaw personally thanked County staff and Department
Heads for their. outstanding efforts associated with the storm. He stated he
was very proud of the way the County pulled together as a community.
Chairman MacManus noted that great effort was put forth by not only
the Towns of Smithfield and Windsor and County staff, but by many
citizens in the County, as well. He stated the Board intends to capture the
"lessons learned" from Hurricane Isabel and move forward. He stated there
are still citizens in the County suffering at this time, and work must continue
to take care of these individuals to ensure that everyone recovers from the
storm.
Supervisor Bradby noted that Burwells Bay suffered the most damage
during the storm, and he encouraged the Board to be cooperative with the
residents of that area during the recovery process.
Chairman MacManus stated that staff has heard from Congressman
Forbes, and the County will be attending a congressional hearing on FEMA
to ensure that that organization covers all the needs of the citizens. He
stated the Chamber of Commerce is soliciting comments on how it can .best
assist businesses in the area.
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Chairman MacManus indicated the Consent Agenda included the
following items;
. Resolution to Submit An Application and to Accept and
Appropriate V-STOP Grant Program Funds From. the
Commonwealth of Virginia
. DEQ/Public Notices for September 8, 2003
Actions of the Isle of Wight County Board of Zoning Appeals
Meeting of September 2, 2003
. Actions of the Isle of Wight County Planning Commission
Meeting of September 9, 2003
Delinquent Real Estate Tax Collection Monthly Report
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80011 ••
August 21, 2003 Regular Meeting Minutes
Chairman MacManus asked if there were any items for removal.
Supervisor Bradshaw moved the Board adopt the above Consent
Agenda items. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman MacManus called for Transportation Matters.
MacFarland Neblett, Resident Engineer, VDOT, offered to address any
questions of the Board.
Supervisor Claud requested staff to set up a meeting between R. L.
Walker, the VDOT Resident Engineer and himself to discuss drainage
problems on Central Hill Road.
Supervisor Bradshaw inquired about the status of the Block Grant
program for the Camptown community pertaining to the narrowness of the
road.
Mr. Neblett stated additional ditching efforts have been performed in
the Camptown area. He stated he thought once the Block Grant work was
completed, that the citizens were satisfied.
Supervisor Bradshaw, in conjunction with Mr. Hartley, noted he
would meet with the Camptown residents and advise Mr. Neblett once they
receive clarification.
Supervisor Bradshaw requested that Mr. Neblett double check to
ensure that the ditches were cleaned along Council Road.
Supervisor Bradshaw requested the status of the drainage work at Zuni
Circle.
Mr. Neblett stated work has been delayed as a result of the hurricane.
Supervisor Clark stressed the need for a transitioning speed limit out
of Battery Park Road (from Battery Park Road to the intersection of Gatling
Pointe Parkway on both sides of the roadway). He also requested the status
of the "Watch for Children" signs.
Jonathan W. Hartley, Director of Planning and Zoning, offered to
bring a resolution for. consideration by the Board at its October 16, 2003
with respect to "Watch for Children" signs.
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Supervisor Clark notified Mr. Neblett about a tree on Rainbow Road
that is broken at the base.
Mr. Neblett .offered to investigate and address the matter.
Supervisor Bradby notified Mr. Neblett about a tree that is leaning on
Track Lane which needs to be removed.
Mr. Neblett offered to address the matter.
Supervisor Bradshaw inquired if the drainage problems have been
addressed on Whispering Pines Trail.
Mr. Neblett offered to discuss the matter with the VDOT
Superintendent to ensure the road grader does not push dirt into Mr. Babb's
driveway.
Chairman MacManus requested that he be provided with the criteria
utilized by VDOT-for justifying crosswalks.
Mr. Hartley presented a request from the Town of Windsor to close
North Court Street, A Street, Duke Street and Church Street on a date to be
determined by the Town of Windsor for the purpose of conducting a parade.
Supervisor Claud moved that the .Board approve the request of the
Town of Windsor. 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,
Mr. Hartley notified the Board that the 2002 Hearing on the Six-Year
Improvement Program by the Commonwealth Transportation Board and the
.Virginia Department of Transportation is scheduled for November 6, 2003 at
Thomas Nelson Community College at 5:00 p.m. He noted he would
incorporate any comments made by the Board this evening into the March,
2003 resolution and bring it back to the. Board for its further consideration
and adoption.
Chairman MacManus suggested that the full funding of the second
phase of the Route 10 widening at Fort Huger Drive be shown.
Supervisor Clark moved that the Board direct staff to revise the
Resolution Establishing the Recommendations of the Board of Supervisors
of Isle of Wight County, Virginia, for the 2004 Virginia Transportation
Development Plan of the Commonwealth Transportation Board and Virginia
Department of Transportation, and present it for consideration by the Board
at its October 16, 2003 meeting. The motion was adopted by a vote of (5-0)
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with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the. motion, and no Supervisors voting against the motion.
Mr. Hartley. notified the Board that the VDOT quarterly meeting
scheduled for September 25, 2003 had to be cancelled, but he would attempt
to reschedule the meeting with the VDOT District Administrator as soon as
possible. He requested the Board advise hirn of any additional
transportation items to be included.
Chairman MacManus inquired about the. status of the traffic light at
Nike Park Road and Battery Park Road.
Mr. Neblett stated he believes VDOT intends to install the light by the
end of the calendar year. He stated he would verify the date when he returns
to the office and request that the project be expedited as soon as possible.
Supervisor Claud requested Mr. Neblett correct the Six-Year Plan to
reflect that Campbells Chapel comes before Whispering Pines.
Supervisor Claud moved that staff be directed to include the VDOT
policy concerning striping of secondary roads be added to the list of Board
concerns to be discussed at the VDOT quarterly 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.
Chairman MacManus requested that staff address the issue of special
safety zones at the meeting .next week with respect to the James River
Bridge, Route 460 and Route 258.
Supervisor Bradshaw moved that the Board direct staff to meet with
Mr. Barr with respect to the safety of roads, especially with respect to the
flooding of primary roads and present a report on their findings at the VDOT
quarterly 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.
Supervisor .Bradshaw requested that VDOT install flashing lights
earlier than has been done in the past on Route 58 when flooding occurs
over the roadway at the saw mill.
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Chairman MacManus called for Citizen's Comments.
Herb DeGroft recommended that the County take a broader approach
to inclement weather occurrences, to include the pros and cons on what
challenges the County faced, to be utilized as a tool for future storm events.
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Jim Steinke of Riverview Road thanked the Sheriff for his quick
response when his home was devastated by Hurricane Isabel. He thanked
the Rushmere Volunteer Fire Department for providing the community with
hot meals. He stated that he met with Planning and Zoning .staff and the
Assistant County Administrator who were knowledgeable about the process
he would need to undertake in order to begin the recovery process.. He
encouraged staff to speed up the hazard mitigation program for those
affected citizens as they need to be aware of what resources are available so
that they can make informed decisions.
Grace Keen requested the status of-the County's Travel Policy, the
zoning for St. Lukes Church and tax .relief efforts for the elderly and
handicapped. She further requested that a drawing of the bathrooms for the
facility at Nike Park be created so that she can share them with individuals
utilizing that facility.
Chairman MacManus advised Mrs. Keen that the County intends to
continue using its existing Travel Policy; that staff will communicate to the
Planning Commission that the Board desires additional protection for the St.
Lukes area; and that the matter concerning tax .relief for the elderly and
handicapped is still under review and will be considered during the
upcoming budget process.
Jim Steinke requested help with removal of debris from his home
which is located on a private road. He further requested that the Board give
priority to granting waivers for fees for those individuals affected by the
storm.
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Chairman MacManus called for the County Attorney's report.
County Attorney Stroman stated responsive to the Planning
Commission's request that an item be .referred back" to the Planning
Commission for additional time to consider a rezoning application, his
research indicates that the State statute will allow up to one hundred (100)
days for a Planning Commission to consider an application for rezoning,
pursuant. to the Code of Virginia, Section 15.2-2285 (1950, as amended).
He .advised the County's Zoning Ordinance requires the Planning
Commission to make a recommendation to the Board of Supervisors within
sixty (60) days after its first meeting following receipt of the application,
pursuant to Isle of Wight. County Code, Appendix B, Zoning, Section 15004
(c). He advised that the Planning Commission had voted to conduct a public
hearing on whether or not to recommend a change to the County's Zoning
Ordinance to amend Isle of Wight County Code Section 15004 (c) to
increase the time within which an application could be considered to one
hundred (100) days. He advised that the Planning Commission conducted a
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public hearing, and voted unanimously to recommend that Section -15004 (c)
be amended to provide for additional time for review. He advised that the
Board of Supervisors has three (3) options. First, the Board can reject the
recommendation and leave the Zoning Ordinance unchanged. Second, the
Board can amend the Ordinance when the. Zoning Ordinance comes up for
comprehensive revision in the next few. months.. Third, the Board can vote
to have this matter set for public hearing and act to change the Ordinance as
early as the Board's November 20, 2003 meeting. He recommended that the
Board amend the Zoning Ordinance to provide for additional time because
complicated rezoning applications can require more than sixty (60) days to
review.
Supervisor Claud moved that the Board authorize staff to advertise the
proposed amendment for the November 20, 2003 meeting to change from 60
days to 100 days. 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 that he had several matters for closed
session later in the meeting.
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Chairman MacManus called for the County Administrator's report.
Mr. Hartley presented the site plan review. of Jeb's Corner Market to
the Board for its information. He stated pursuant to the request of the .Board
and Section 4215 of the Zoning Ordinance, site plans for development in the
Highway Corridor Overlay District .are to be referred to the Planning
Commission and the Board for review and comment.
County Attorney Stroman, in response to Supervisor Bradshaw's
request, offered to investigate the issue of grandfathering BMP Agreements.
E. Wayne Rountree, P.E., Director of Public Utilities, presented a
Resolution Requesting the Continuation of the Closure and Detour of a
Segment of Old Suffolk Road, Route 636 and-Old Mill Road, Route 607 for
the Board's consideration.
Supervisor Claud moved the Board adopt the following Resolution:
RESOLUTION REQUESTING THE CONTINUATION OF THE
CLOSURE AND DETOUR OF A SEGMENT OF OLD SUFFOLK ROAD,
ROUTE 636 AND OLD .MILL ROAD, ROUTE 607
WHEREAS, The Virginia Department of Transportation has currently
authorized the temporary closure and detour of Old Suffolk Road, Route 636
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and Old Mill Road, Route 607 for the .purpose of Isle of Wight County
constructing a new alignment of these roads; and,
WHEREAS, The Virginia Department of Transportation is requesting
that a portion of Old Suffolk Road, Route 636 and Old Mill Road, Route
607, continue to be closed to through traffic until December 1, 2003; and,
WHEREAS, The Virginia Department of Transportation desires that a
resolution be adopted endorsing this. request for a temporary closure of a
portion of Old Suffolk Road, Route 636 and Old Mill Road, Route 607; and
WHEREAS, Isle of Wight County supports having this road project
completed in an efficient and timely manner.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight
County Board of Supervisors endorses this request by the Virginia
Department of Transportation to continue to close a segment of Old Suffolk
Road, Route 636 and Old Mill Road, Route 607 until December 1, 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.
Supervisor Claud requested that the detours be removed . as soon as
possible and not at the completion of the project.
County Administrator Caskey advised that staff has set up a meeting
with the County's Legislative Delegation on November 20, .2003 at 4:30
p.m. He stated that Senator Quayle would not be available on that date.
Chairman MacManus .requested that staff contact the County's
Legislative Delegation to request a mutually agreeable meeting date and
advise the Board accordingly.
County Administrator Caskey requested the Board provide direction
on when it desires to hold its Annual Board Retreat.
Supervisor Clark moved that the Board schedule its Annual Retreat on
January 9`h and 10`h at the Workforce Development Center and that staff be
directed to develop an appropriate agenda. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
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Chairman MacManus called for Old Business.
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Mr. Hartley presented the following application for the Board's
consideration:
The application of Harry J. Wiggs, owner and Charles C. Cummings,
prospective owner, for a change in zoning classification from RAC to
Rural Residential, .approximately one (1) acre of land located on the
south side of Woodland Drive (Route 600) adjacent to 17402
Woodland Drive, Windsor, in the Windsor Election District. The
purpose of the application is for one (1)single-family residential lot.
Supervisor Claud stated the application raised several concerns with
respect to the County's Comprehensive Plan because it discourages strip
development along country roads and highways for safety reasons, as well as
seeks to eliminate urban sprawl in areas where adequate public facilities do
not exist or can not be provided in a cost effective way.
Supervisor Claud moved that the Board deny the application of Harry
J. Wiggs, as proffered. 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.
Mr. Hartley presented the following application for the Board's
consideration:
The application of Roland H. Lewis .for an exception to the
Chesapeake Bay Preservation Area Ordinance Section 5002 C (2).
Specifically to allow encroachment in the one hundred (100) foot
Resource Protection Area Buffer. The property is located at 315
Lakeview Lane, Carrollton, in the Newport Election District. The
purpose of the request is to allow fill, grading and reseeding of the
property within the Resource Protection Area Buffer.
Mr. Hartley stated the applicant has hired an attorney to work through
this issue and staff intends to set a meeting on-site to discuss what needs to
be done.
Supervisor Clark moved that the Board table the matter until the
November 6, 2003 meeting to allow staff additional time to work with Mr.
-Lewis and develop a written consent. order that is satisfactory to Mr. Lewis
and County Attorney Stroman. 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.
With respect to the request of Deanne Stallings for the installation of a
booster pump, Supervisor Bradshaw requested County Administrator
Caskey to convey to Ms. Stallings that the contractor is on-site and the line
is anticipated to be installed in the near future.
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Supervisor Clark moved that the Board direct Mr. Hartley to contact
Mr. Hammick, a resident in Gatling Point. South, to determine how and
when the curbing in the subdivision was removed and what needs to be done
to replace it. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Clark moved that the Board direct the County Attorney. and
..Public Utilities Director to review the matter of .back-up generators for
private water systems for possible .legislative action by .the County's
legislative representatives. 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.
. County Attorney Stroman offered to poll his. fellow County Attorneys
to determine if under the existing health and safety authority, whether
similar ordinances have been enacted by other localities.
Mr. Robertson advised .that staff has made revisions. requested by the
Board to the County's 2004- Legislative Priorities. He stated staff has also
contacted the Department of Social Services and the school administration
to ensure that issues outlined for those agencies are up-to-date and the
school administration advised him that it would be November 10, 2003
before it could provide any formal feedback to the Board.
Supervisor Claud requested that the language contained in Adequate
Public Facilities be re-written in view of what the High Growth Coalition is
discussing.
Supervisor Claud further requested that the .language be changed in
the E-911 to ensure that it is neutral and that there is a trial period, as well as
clauses to speak to growth in the future.
Supervisor Claud requested that the language contained in Unfunded
Mandates include several specific examples,
Supervisor Bradshaw noted that he was invited, in his capacity of
Chairman of the Finance Committee for VACo, to attend the meeting with
the Tax Commissioner next week. He noted that due to Hurricane Isabel he
was unable to attend the meeting, but he would contact VACo and provide
the Board with a report on the outcome of that meeting.
Chairman MacManus requested staff to incorporate the above
comments and bring the legislative priorities back to the Board.
//
Chairman MacManus called for New Business..
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Supervisor Claud moved that the Board accept the resignation of Sue
Crocker from the Beautification Committee. The motion was adopted
unanimously (4-0) with Supervisor Clark absent for the vote.
Supervisor Claud moved that the Board appoint Chris Jarrins, to fill
the unexpired term of Sue Crocker, representing .the Hardy District, on the
Beautification Committee. The motion was adopted unanimously (4-0) with
Supervisor Clark absent for the vote. .
Supervisor Bradby moved that the Board accept. the, resignation of
Judy Begland from the Planning .Commission. The motion was adopted
unanimously (4-0) with Supervisor Clark absent for the vote.
Supervisor Bradby moved that the Board appoint James Brown, Jr., to
fill the unexpired term of Judy Begland, representing the Hardy District, on
the Planning Commission. The motion was adopted unanimously (4-0) with
Supervisor Clark absent for the vote.
Mr. Robertson distributed copies of an Ordinance to Amend Chapter
14, Buildings, Article III Fees to Waive Certain Permit Fees for Repair of
Structures Damaged as a Result of Hurricane Isabel that he recommends the
Board adopt.
Supervisor Bradshaw moved that the County waive the permit fees
and adopt the following Ordinance to Amend Chapter 14, Buildings, Article
III Fees to Waive Certain Permit Fees for Repair of Structures Damaged as a
Result of Hurricane Isabel to be enacted for a period of sixty (60) days:
AN ORDINANCE TO AMEND CHAPTER 14, BUILDINGS, ARTICLE III
FEES TO WAIVE CERTAIN PERMIT FEES FOR REPAIR OF
STRUCTURES DAMAGED AS A RESULT OF ~[URRICANE ISABEL
WHEREAS, Hurricane Isabel resulted in a declaration of emergency in
Isle of Wight County; and
WHEREAS, numerous structures within the. county were damaged by
flooding and wind; and
WHEREAS, fees would normally be due for permits required to make
repairs; and
WHEREAS, the. Board of Supervisors deems it appropriate to waive
those fees in order to ease the burden of repairs on homes and businesses
within Isle of Wight County and
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WHEREAS, Code of Virginia Section 15.2-1427.F (1950, as
amended) allows for the enactment of emergency ordinances for up to 60
days.
NOW, THEREFORE, BE TT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County, Virginia that Chapter 4,
Buildings .Article III. Fees, be temporarily amended to waive fees otherwise.
required for building permits for repairs or replacement of structures
necessitated by Hurricane Isabel.
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.
County Administrator Casket' notified the Board that two (2) visitors
from Isle of Wight, England would be visiting the County on Saturday,
October 1 S`'' through October 22"a. He stated Chairman MacManus and he
would be having dinner with these individuals on Wednesday,, October 22"a
He noted that staff has prepared an itinerary, and there would also be a small
informal reception on October 22"a in the Board of Supervisors' Room.
Supervisor Clark inquired if debris from Hurricane Isabel will be
removed from private lanes.
Donald M. Long, Director of Public Works, advised that debris would
be removed from all State roadways. He stated citizens are being asked to
bring their debris to the nearest public highway.
Chairman MacManus noted that staff had received a letter from the
Macedonia African Methodist Episcopal Church advising the Board of its
111 Anniversary and requesting a letter of congratulations.
Chairman MacManus moved that the Board direct staff to send a letter
from the Board congratulating the Church on its longevity.. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and .Claud voting in favor of the motion, and no Supervisors voting
against the motion.
//
Supervisor Claud moved that the Board hold its work session on the
Chesapeake Bay Preservation Area Ordinance before entering closed
session. The motion was adopted unanimously (5-0).
Chairman MacManus moved that the .Board take a five (5) minute
recess before conducting .the work session. The motion was adopted
unanimously (5-0).
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Chairman MacManus moved the Board return to open session and
conduct the work session. The motion was adopted unanimously (5-0).
Mr. Hartley .introduced Brad Belo of the Chesapeake Bay Local
Assistance Department.
Supervisor Claud asked Mr. Hartley if he has had an opportunity to
review CBLAD's .recommendations and, if so, was there anything that
caused him concern.
Mr. Hartley stated he is trying to work through the issue of the
Director of Planning and Zoning retaining some leeway in requiring a
delineation. He stated he feels strongly that there is no need. to require an
applicant to delineate who is clearly not impacting water resources.
Chairman MacManus requested clarification of Section 3002,
Exemptions, which requires the Virginia Department of Forestry to oversee
and document the installation of best management practices. He specifically
expressed a concern with whether or not the Virginia ..Department of
Forestry has the resources to accomplish this requirement.
Supervisor Bradshaw noted that only silvicultural activities will be
overseen and monitored by the Virginia Department of Forestry.
Supervisor Claud noted that "existing trees over eight (8) inches in
diameter," does not allow fora safety zone. He suggested some discretion in
this area.
County Attorney Stroman recommended that staff insert some
language in .the subsection "A" that addresses the safety issue .and provides
some flexibility with respect to safety.
Supervisor Bradshaw noted that any tree .less than eight (8) inches can
be taken down without approval in the RMA gives the impression that there
is no concern with preservation of trees in the future. He noted that once the
eight (8) inch trees dies, there will be no trees to replace them.
Chairman MacManus suggested there be some type of protection for
the County to ensure under Section 8 (C) that all BMPs are maintained as
originally designed.
County Attorney Stroman asked Mr. Hartley to poll the County's sister
communities to see if they have some type of surety requirement.
Under Section 4002.B.2, Mr. Hartley noted that he would like the
opportunity to work. further with Mr. Belo in regards to rewording the '-
language with respect to the replacement of the buffer.
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Under Section 4002.0, Chairman MacManus noted there are different
rules for different groups. He noted his concern is with equality and how
people are treated equitably in the County.
~Tnder Section SOOO.B.1, Chairman MacManus advised. Mr. Hartley
that he removed all the following environmental features. He requested that
the word "following" be deleted.
County Attorney Stroman requested Mr. Hartley review the subsection
(c) heading and suggested .the wording "Landscape Planning" and following
that text, a "landscape plan."
Under Section 5001, Mr. Hartley agreed that the County and CBLAD
should be consistent, whichever language is used. He noted he preferred the
date of November 15, 1990 because everything before this date was
unregulated by the County,
Mr, Belo noted CBLAD's goal is to make it consistent throughout, and
he would refer it to the County Attorney for another date.
Mr. Hartley stated for the Board's information Section 5002 allows
that any exception to the requirement of this Ordinance comes before the
Board unless explicitly given to the Zoning Administrator.
Supervisor Bradshaw stated in respect to fees, he does not feel they
should be contained in any of the ordinances, and that there. be a separate
ordinance for fees.
County Attorney Stroman stated one (1) reason to do it the way the
County is doing it now is that it is more user. friendly to place the fees in the
same section as the substantive ordinance, as opposed to having to go to a
fee schedule. He recommended that the Board direct staff to prepare a table
of fees as a handout so that citizens and developers will have a reference,
He stated Supervisor Bradshaw's recommendation would be less work for
him; however, he would rather it be more user friendly.
Mr. Hartley inquired if the Board wished the Planning Commission to
have an additional opportunity to comment on the proposed Ordinance and
make a recommendation to the Board. He noted it is not required that a
public hearing be held by the Planning Commission; however, the Board
could ask the Planning Commission to make a recommendation to the Board
and then place the matter on the Board's November, 2003 agenda. He stated
if the Board wishes the Planning Commission to hold a public hearing, the
Planning Commission could hold a public hearing on the Ordinance in
November, 2003 and then the Board could hold a public hearing at its
second meeting in December, 2003.
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County Attorney Stroman noted the members of the Planning
Commission did indicate they .would like to discuss the Ordinance further
and he suggested the Board might wish to consider that the Planning
Commission not hold a public hearing, but discuss it at an upcoming
meeting and then forward the matter to the Board for public hearing.
Supervisor Bradshaw moved that the Planning Commission not hold a
public hearing, but discuss the ordinance at a future meeting and forward the
matter for a public hearing by the Board. Staff is to advertise the matter for
the Board's November 20, 2003 meeting. by which time the Board will
receive the Planning Commission's comments. 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.
//
County Attorney Stroman requested a closed session to discuss eight
(8) matters under Section 2.2-371 l .A.7 of the Code of Virginia pertaining to
actual or probable litigation and the provision of legal advice; to discuss one
(1) matter under Section 2.2-3711.A.6 and A.7 of the Code of Virginia
pertaining to the provision of legal advice by counsel and the investment of
public funds.
Supervisor Clark requested that a matter be added to the closed
session under Section 2.2-3711.A.5 and A.7 of the Code of Virginia
pertaining to the provision of legal advice concerning a prospective business
where no prior announcement has been made.
.Supervisor Bradshaw moved the Board enter closed session for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board reconvene its meeting.
The motion was adopted by a vote of (~-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 that the Board adopt the following
Resolutions
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
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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
//
County Attorney Stroman recommended. that the Board reconvene in
~ closed session as to those items previously enumerated with the addition of
two (2) items, one (1) item requiring the advice of counsel under Section
2.2.-3711.A7 and one (1) item pertaining to a personnel matter under
Section 2.2-3711.A.1.
Supervisor Bradshaw moved the Board enter closed session for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Bradshaw moved the .Board reconvene its meeting. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that 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,
20
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t
9onh ~ 2~ ,.~;. A.rj
.,.
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
//
Chairman .MacManus read a letter from Counselor Heather Humbly of
Isle of Wight, .England noting the concern of the Isle of Wight, England
Council members with respect to Hurricane Isabel and .its impact on the
County,
//
At 7:55 p.m., Supervisor Bradby moved that the Board adjourn its
meeting. The motion was adopted unanimously (5-0).
..~%~~
.Richard K. MacManus, Chairman
W. Dougl cey, Clerk
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