11-20-2003 Regular Meetingf
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF NOVEMBER IN THE
YEAR TWO THOUSAND AND THREE
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Phillip A. Bradshaw
Henry H. Bradby
Robert C. Claud, Sr.
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator
Carey Mills Storm, Recording Secretary.
Chairman MacManus called the meeting. to order at 6:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman MacManus called for approval of the agenda.
County Attorney Stroman requested that an .item pertaining to
renaming the bridge on Route 260 be added under Item 4, Transportation
Matters; Item (A) under his report concerning the exclusive franchise
agreement for County Residential Garbage Collection be moved to follow
the Closed Meeting; Item (B) concerning the Resolution to Amend the E-
911 Operating and Capital Budget and Appropriate Funds for a Centralized
Voice and Data Connection under the County Administrator's report be
moved to the County Attorney's report; and that two (2) additional legal
matters and one (1) personnel matter be added to the Closed Meeting, for a
total of five (5) matters.
County Administrator Caskey requested a matter. concerning a change
order for the Zuni water system and a matter concerning the Board's retreat
be added under Old Business. He further requested. that a matter pertaining
to a lease agreement for the STOP organization and a matter pertaining to a
lease agreement for the YMCA be added to New Business.
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Supervisor Clark requested a personnel matter be added to the Closed
Meeting.
Supervisor Claud moved the Board approve the Agenda, as amended.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of .the motion, and no
Supervisors voting against the motion,
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Chairman MacManus called for Special Presentations.
Resolution to Recognize the Isle of Wight County Fair Committee and
the Tenth Anniversary of the Fair
Supervisor Claud moved the Board adopt the following Resolution:
RESOLUTION TO RECOGNIZE THE
ISLE OF WIGHT COUNTY FAIR COMMITTEE
AND THE TENTH ANNIVERSARY OF THE FAIR
WHEREAS, in September, 2003, the Isle of Wight County. Fair
Committee produced the Tenth Annual County Fair in Isle of Wight County;
and,
WHEREAS, the Isle of Wight County Fair Committee has shown
significant determination in recreating the County Fair each year for the past
ten years: and,
WHEREAS, during the past ten years, the Isle of Wight County Fair
Committee has produced this event in the wake of adverse conditions
including Hurricane Floyd.; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize the Isle of Wight :County Fair Committee for its
4 contributions to the quality of life of the. citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight recognizes and
appreciates the. contributions of the Isle of Wight County Fair Committee to
the citizens of the County.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Tom Baise, Chairman, County Fair, presented the Board and Grace
Keen with coats depicting the anniversary of the County Fair.
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D. R. Wheeler, General Manager, Hampton Roads Sanitation District,
addressed the Board with respect to the sewage spill that occurred on the
Newport News side of the James River in August of 2003.
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Chairman. MacManus indicated the Consent Agenda. included the ,
following itemso
A. Hazard Mitigation Grant Program (HMGP)
B, Mosquito Control Funding Appropriation
C. Action List Status Update
D. Delinquent Real Estate Tax Collection Monthly Report
E. October 16, 2003 Regular Meeting Minutes
Chairman MacManus asked if there were any items for removal.
Supervisor Claud moved the Board adopt the Consent 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 Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, stated that
contained in the agenda is a status update on certain transportation projects.
He stated in addition, there is a listing of items to be discussed at the
quarterly meeting that contains responses from VDOT.
Supervisor Claud requested Mr. Hartley contact VDOT and request
the reason for the delay on the Sandy Ridge Road project.
Supervisor Bradshaw commented on the way in which Pruden Road
was brought up to State standards. He noted that Pruden Road, which
originally was to be a forty (40) foot road, was actually widened to fifty (50)
feet.
Supervisor Bradshaw inquired about the status of Dukes Lane.
County Attorney Stroman advised that .the second deed was found to
be necessary, but should be completed in the near future... Mr. Hartley noted
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when the deed is completed, he would bring a resolution back to the Board
for consideration.
Supervisor Bradshaw. brought up .the issue of flooding on secondary
roadways.
Mr. Hartley noted that the IT Department is in the process of putting
information received from VDOT into map form, which will be brought
back to the Board for review.
Supervisor Bradshaw inquired about the status of .the meeting on
Whispering Pines Trail
Mr. Hartley noted he would set up a meeting. with the VDOT Resident
Engineer at his earliest opportunity.
Supervisor Claud informed Mr. Hartley that 9353 Whispering Pines
Trail has a situation that needs to be investigated by the VDOT Resident
Engineer. °
Supervisor Bradby inquired about the status of the clean up of the
right-of--way along the Route 10 Bypass. He requested that a VDOT
schedule be obtained for clean up of this area.
Supervisor Bradshaw noted that contractors have left trees that have
been cut off right at the edge of the roadside on Bows and Arrows Road.
Supervisor Clark requested that when aclean-up schedule is requested
from VDOT that mention also be made that tree debris has been left very
close to the roadways causing a safety concern,
Supervisor Bradby requested Mr. Hartley advise VDOT that large tree
roots have been left in the roadway along Track Lane.
Chairman MacManus requested. that Mr. Hartley relay to VDOT that
he expects the traffic signal at Battery Park Road and Nike Park Road. to
become a reality in December, 2003.
Bill Hayes of Battery Park commented that the speed limit at the
intersection of Route 258 and Route 10 near Littles Supermarket is 55 mph.
He noted there are pedestrians at this intersection at night, presenting a
safety hazard. He noted the intersection should reflect a slower .speed and
should be illuminated at night. He requested that staff relay his concerns to
VDOT and ask that it be addressed appropriately.
Supervisor Bradshaw requested that Mr. Hartley find out the rating of
the Blackwater .Bridge on Route 58 Business going into Franklin and
whether or not it was removed from the VDOT project list.
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Mr. Hartley distributed a copy of a letter from VDOT notifying the
County that the naming of the Route 260 Bridge after Edna and Anthony
King has been denied on the basis that they are still living and the naming of
the entire roadway after the Camp family because a .roadway can only be
named after an individual.
Supervisor Bradshaw moved that the Board direct staff to send a letter
to the Commissioner of VDOT and the Virginia Commonwealth
Transportation Board informing them of the County's displeasure and also
noting that an exception to these cases has been made previously in that
there has been precedent set in our community before, such as the naming of
the Mills Godwin Bridge (Route 17). Copies of the letter are to be sent to
the County's legislative representatives. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion,
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Chairman MacManus called for Citizen's Comments.
Marie Bailey addressed the Board concerning a fall that occurred after
her attendance at the Board's September 4, 2003 meeting and associated
medical bills. She cited. poor lighting as a reason for her fall.
Supervisor Clark noted he would address her concerns under New
Business.
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Chairman MacManus called for the County Attorney's report.
County Attorney Stroman noted that the exclusive franchise agreement
for County residential garbage collection was moved. earlier in the meeting
to follow the Closed Meeting.
Sherri. A. Bush, Emergency Communications Director, presented a
Resolution to Amend the E-9I1 Operating and Capital Budget and
Appropriate Funds for a Centralized Voice and Data Connection for the
Board's consideration.. She. stated once the County has a data link to
Smithfield, the secondary site can be shut down. She. verified to Supervisor
Claud that by July, 2004, the County would have a fully operational central
dispatch center and there should be no other costs involved.
Supervisor Claud moved the Board adopt the following Resolution:
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RESOLUTION TO AMEND THE E-911 OPERATING AND CAPITAL
BUDGET AND APPROPRIATE .FUNDS FORA :CENTRALIZED VOICE
AND DATA CONNECTION
WHEREAS, the Board of Supervisors of the. County of Isle of Wight,
Virginia has approved a budget amendment of thirty seven-thousand two
hundred thirty-six dollars ($37,236) to the FY 2003-04 .Emergency •
Communications Center (E-911) Operating and Capital .Budget for the
completion of a voice and data connection for centralized E-911 services;
and,
WHEREAS, this amendment includes an increase to "Recovered Cost
Revenue" to be received from the Towns of Smithfield and Windsor of
twelve thousand. two hundred eighty seven dollars ($12,287) jointly and
requires an additional appropriation of twenty-four thousand nine hundred
forty nine dollars ($24,949) from the Unappropriated .Fund Balance of the
General Fund to the FY 2003-04 E-911 Operating and Capital Budget
representing the County's proportionate share of capital costs. to complete
this connection.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors. of the County of Isle of Wight, Virginia that the FY
2003-04 E-911 Operating and Capital Budget is hereby amended by thirty-
seven thousand two hundred thirty six dollars ($37,236) and that twenty-
four thousand nine hundred forty nine dollars ($24,949) of this amount is
hereby appropriated from the Unappropriated General Fund Balance to the
E-911 Operating Budget of the County of Isle of Wight, Virginia for the
completion of a voice and data. connection for centralized E-911 services.
BE IT FURTHER RESOLVED that .the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the .appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote. of (4-0) 'with Supervisors
MacManus, Bradby, Bradshaw and Claud voting in favor of the motion; no
Supervisors voting against the motion; and Supervisor Clark abstaining from
voting,
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted unanimously (5-0).
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Chairman MacManus called for a public hearing on the following:
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A. The application of William D. Wyatt, Jr. and Alice P. Wyatt for
a change in zoning classification from RAC to Conditional Rural
Residential, of approximately seven (7) acres of land located on
the. west side of Bows and Arrows Road (Route 641), .3 miles
north of Walters Highway (Route 258) in the Carrsville Election
District. The purpose of the application is for one single-family
residential lot.
Chairman MacManus called for persons to speak in favor of, or yin
opposition to, the proposed application.
David D. Wyatt, Jr. and his wife, Alice P. Wyatt, the applicants,
requested the Board approve their application.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Following an inquiry from Supervisor Clark, Mr. Hartley advised that
family member transfers would be allowed.
Supervisor Clark requested that staff in the future attempt to obtain a
proffer that there will be no family member transfers.
Supervisor Bradshaw moved. the Board .approve the application of
William D. Wyatt, Jr. and Alice P. Wyatt, as proffered, with a cash amount
of $6,000 and that no modular or double-wide is to be allowed on the
property. The motion was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman MacManus called for a public hearing on the following:
B. The application of Marie W. Harris and Garland and Elizabeth
Sweeting for a Conditional Use Permit to operate a private group
home for the mentally challenged, on six (6) acres of land
located at ?380 Maple Hall Lane, Windsor, in the Carrsville
Election District.
Mr. Hartley. advised that additional correspondence has been received
with respect to theapplication from Michael D. and Beverly A. Clements
expressing their opposition to the application.
Chairman MacManus called for persons to speak in favor of, or in
opposition to the proposed application,
.Teresa McDowell of Maple Hall Lane distributed a .petition in
opposition. to the application. She clarified that there are eight (8)
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residences on Maple Hall Lane and 90% of the time, .Marie Harris' home is
empty: She stated that Mr. Sweeting's business is located. at his home and
her concern is that Mr. Sweeting .and his. associates do not actually have
experience in running a business. She made reference to certain
requirements by the Department of Mental Health, Mental Retardation and
Substance Abuse Services which are not included in his proposal. She
stated there is already such a facility located in Windsor which is adequately
staffed. She stated that while the Sweeting's .application is only for four (4)
bedridden patients, the permit does allow for alcoholics and juveniles and.
there is a concern with the safety of the residents in the neighborhood if
future residents are not bedridden.. She stated that the Sweetings have not
done any outside maintenance to their home, nor installed any safety
features to restrict the patients in the home from going outside.
Garland Sweeting of Norfolk stated that the patients living at his
residence are individuals. with mental retardation and Down Syndrome, not
alcoholics and juveniles. He stated with respect to supervision, the patients
will be supervised twenty-four (24) hours a day and the maximum number
of patients that can live at his resident is four (4). He stated he has never
operated a personal business before; however, he has worked in the human
service field for thirty (30) years. He stated in the past he has run an at-risk
program for youth for approximately thirteen (13) years and he currently
works as a house manager for Support Services of Virginia.
Marie W. Harris noted that the road is maintained by all residents who
live on the road. She advised that she has previously housed handicapped
individuals in the City of Portsmouth, and she fully understands the
requirements.
Elizabeth Sweeting of Norfolk stated she believes a home setting is a
better alternative for patients as opposed to placement in an institution.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw noted that while the idea of providing home
settings for individuals that are mentally challenged is appropriate, he could
not support the application because of its rural residential setting. He stated
there are other facilities within close proximity that already provide these
types of services.
Supervisor Clark stated he could not support the application either as
it is not consistent with .the character of the community. He noted he is also.
concerned with the proximity to fire and rescue facilities and how these
residents could be handled in the event of power outages.
Supervisor Bradshaw moved the Board concur with the
recommendation of the Planning Commission and deny the application of
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Marie W. Harris and Garland and Elizabeth Sweeting. °The motion was
adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
Chairman MacManus called for a public hearing on the following:
C. Chesapeake Bay Preservation Area (CBPA) Ordinance
Mr. Hartley stated that he distributed prior to the meeting tonight a
revised draft Ordinance for the Board's consideration. He noted that
language has been added on Page 28, under Item (C) to state "in
rendering its decision the Planning Commission shall not recommend in
favor of the applicant unless it finds". He further stated language has
been added under Item (1) to state "That the strict application of the
ordinance would produce an undue hardship and". He noted on Page
29, under Item (F), the following language has been added, "Any person
or persons jointly or severally aggrieved by a decision of the Board of
Supervisors may present to the Circuit Court of the County of Isle of
Wight a petition specifying the grounds on which aggrieved within
thirty (30) days after the final decision of the Board of Supervisors.
Costs shall not be allowed against the Board of Supervisors unless it
shall appear to the Court that it acted in bad faith or with malice in
making the decision appealed therefrom". He stated the County is
required to adopt an ordinance by December 31, 2003. He stated it will
not be necessary to hold an additional public hearing if the Board does
not receive any substantive changes from the public comment tonight.
He distributed copies of recent correspondence from J. Wayne Melchor.
County Attorney Stroman noted a change at the tope of Page 26,
Subsection (B) with respect to surety wherein the "Zoning
Administrator" has been changed to the "County Attorney" in an
amount determined by the "Zoning Administrator".
Chairman MacManus called for persons to speak in favor of, or in
opposition to the proposed Ordinance.
Debra. Conway commented that she is of the assumption that the
ordinance will not affect any currently pending applications.
J. Wayne Melchor, of 1444 Bridge Point Trail, Suffolk, and a property
owner in the County, spoke in favor of the proposed Ordinance. He did,
however, note a concern with provision 2.A of Section 4000 where it states
that no 8" or above trees shall be removed outside of the impervious service
area. He stated this will be a problem in the future for property owners, as
well as the Board, in that there is a provision listed later in the Resource
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Protection Area, .which is the area the County is most interested in
protecting, that site lines can be created as long as there is a good
remediation plan to allow this to happen. He stated the idea. of having a nice
area that is protected, which allows views, and then an area 50" where you
can't take it down. It should have the same kind of exception as the RPA
area. He recommended having a provision where the Zoning Administrator q
can make exceptions if it is shown that the remediation will provide the
same run off protection. He noted that it is understood that woods provide
the best protection for the Chesapeake Bay; however, reasonable provisions
for effective vegetation replacement in thinned wooded areas can provide for
healthier trees and provide for good environmental stewardship while
affording property owners reasonable property rights. He .further noted. a
problem with the lack of grandfathering between the period of the original
Ordinance and the proposed Ordinance. He .stated regional protection is
warranted, but if the County allows a reasonable approach, then the County
will stay out of court.
David Carlin of 24146 Creekview Lane in the Newport District stated
many residences were built in wetlands areas twenty to thirty- years ago that
complied with the setbacks at that time. He stated he is concerned that some
appropriate grandfathering is warranted.
Sharon Hart, Newport District,. commented that Section 4000B.8.2C
be changed to read "a storm water maintenance agreement with the owners
shall be recorded in the Circuit Court Clerk's Office referencing the deed
book and page number. for the deed which runs with the property. He noted
that a sentence be added on Page 14, 4002.B.1.A. where it allows for trees to
be removed :for site line and vistas to reflect "any removal of existing
vegetation shall require approval following .review of the plan of
development". He stated than the CBLAD Guidance Manual for buffer
mitigation gives. guidance as to what is considered necessary. She
recommended .that a sentence be added to 4002.B.I.A. referencing the
CBLAD Guidance Manual for further clarification as to what is necessary.
She noted under 4002.B.1.A (III), the previous ordinance allowed discretion
of the property owner for the removal of dead and dying trees and the
proposed Ordinance notes that the Zoning Administrator .shall approve a
buffer mitigation plan. She stated that while she would recommend the
County make its Ordinance more stringent, this requirement may be difficult
for staff to meet as they are already short on staff. She stated when an
emergency occurs such as a hurricane, this may be placing an undue
hardship on property owners to ensure that all the trees are replanted. She
noted 4002.B.2.B refers to all lots that would not be buildable between the
periods of 1989 and March, 2002 could come before the Board as
exceptions and makes the proposed Ordinance less stringent. She noted that
the CBLAD Ordinance stated 2002, but the County's states March, 2003.
She stated she did not see the need for this clause, and CBLAD notes that
this is not a requirement, but rather up the locality. She inquired if the
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revision has a provision to ensure that all future lots to be recorded will have
sufficient area for building outside of the RPA.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Clark noted that with respect to grandfathering, the Board
will be affecting only unimproved lots.
Mr; Hartley stated with respect to lots that are already improved, if
something were to happen to a structure that is .there, it is considered
redevelopment. If an applicant wants to encroach in the RPA .and the lot
was recorded prior to 1989, then it would be subject to Item (A) on page 15.
He stated between 1989 and March, 2003, there have been numerous
exceptions which have been approved.
Supervisor Bradshaw stated if a property is destroyed because of a
hurricane the .owner can rebuild based on grandfathered conditions;
however, a homeowner at Burwells Bay or along the Blackwater River
cannot do this. They are required to elevate their residences. He noted this
a floodplain regulation, but the Board could have changed this requirement.
Mr. Hartley stated if there is an existing structure, it can be rebuilt
under the redevelopment provisions. He stated if you want to build a
structure that encroaches in the buffer, then you must get an exception from
the Board, regardless of when it was built.
County Attorney Stroman pointed out this is a State regulation.
Supervisor Bradshaw stated all people should be treated equally.
Supervisor Clark pointed out that there is an inequity, but it is not of
this Board's doing.
Supervisor Claud. inquired if any of the suggestions made tonight, if
incorporated by the Board into the proposed Ordinance, would be
considered substantive enough to justify another public hearing. He stated if
not, he would like to see the comments expressed put in writing so that he
can further evaluate and take action at the Board's December 4, 2003
meeting.
County Attorney Stroman .noted none of the changes are substantive
enough to .require another public. hearing.
Supervisor Bradshaw stated the Roanoke River Basin is under
consideration to be included in the Chesapeake Bay Act. He stated there
would be regulations that would be detrimental to property rights of
individuals. He noted that staff is already having a difficult time
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administering the Ordinance.: He stated his primary concern is dealing with
the rural .agricultural area with respect to farming .and timber harvesting,
which involves property rights. He stated the Board would be dictating
what timber can and can not be .removed and what vegetation can be
destroyed.
Chairman MacManus stated the County is facing a State mandated
revision at this time that the County must put. in place before the end of this
year. He stated he would like to have the comments made tonight put on
paper for consideration by the Board.
Supervisor Bradshaw inquired if Mr. Hartley had .the time to provide
the Board with information on whether or not it has been challenged.
County Attorney Stroman noted he would investigate and report back
to the Board. He stated that this regulation has not been successfully
challenged on a State-wide level as being improper or exceeding the legal
threshold where it constitutes a taking. He noted he would do further legal
research for the Board and report back,
Supervisor Claud moved the Board table the matter and direct staff to
provide the Board for consideration at its December 4, 2003 meeting a
compilation of the comments offered tonight. These comments should be
referenced by page number and paragraph. The motion was adopted. (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion, and no Supervisors voting against the motion.
Chairman MacManus called for a public hearing on the following:
D. An Ordinance to Amend Chapter 15, Taxation, Article II, Real
Estate Taxes to Provide for Abatement of Levies on Buildings
Razed, Destroyed or Damaged by Fortuitous Happenings.
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 by the Board.
Supervisor Bradshaw noted that during Hurricane Floyd in 1999, there
was no abatement given to the citizens as the Commissioner of Revenue's
office did not take any action to reduce the assessment. He stated it was left
up to the Board of Reassessment, who advised that it was not their
responsibility, but. rather the responsibility of the Commissioner of Revenue.
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County Attorney Stroman noted that the Commissioner of Revenue
has advised him that she has prepared a notice which she intends to publish
if the Board adopts the Ordinance that would advertise that this program is
available.
Supervisor Bradshaw stated this Ordinance does not address the
County's biggest loss, which is timberland.
Chairman MacManus noted this. is because of the State law, which
does not have an Ordinance set up for the Board to adopt to address this. He
noted that the Board may wish. to .discuss this matter further with its
legislative delegation. He stated the proposed Ordinance would provide
immediate relief though to those individuals who have lost the enjoyment of
their building structures.
Supervisor Clark moved that the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE II,
REAL ESTATE TAXES TO PROVIDE FOR ABATEMENT OF LEVIES
ON BUILDINGS RAZED, DESTROYED OR DAMAGED BY
FORTUITOUS HAPPENINGS
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, adopted an Ordinance providing for taxation of real property; and
WHEREAS, the Ordinance adopted by the Board of Supervisors does
not provide for partial abatement of real estate levies on buildings razed,
destroyed or damaged by fortuitous happenings; and
WHEREAS, the Board of Supervisors recognizes that providing for
such partial abatements is appropriate, particularly in light of the damages
recently inflicted by Hurricane Isabel.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by
the Board of Supervisors of Isle of Wight County, Virginia that Chapter 15,
Taxation, Article II. Real Estate Taxes, be amended to read as follows:
Section 15-8.1 Abatement of .Levies on Buildings Razed
Destroyed or Damaged by Fortuitous Happenings.
The real estate levy may be abated on buildings which are
razed, destroyed or damaged by a fortuitous happening beyond
the control of the owner. The abatement shall be computed
according to the ratio which the portion of the year the building
was .fit for use, occupancy and enjoyment bears to the entire
year. No abatement shall be allowed if the razing, destruction or
damage decreases the value of the building by less than five
hundred dollars ($500). Moreover, no such abatement shall be
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allowed unless the razing, destruction or .damage .renders the
building unfit for use and occupancy for thirty (30) days or more
during the calendar year.. In order:. to qualify for partial
abatement, an application must be made by or on behalf of the
owner of the building within six (6) months of the date it was
razed, destroyed or damaged. (11-20-03).
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 that the Board take a five (5) minute
recess. The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted unanimously (5-0).
Chairman MacManus called for the continuation of the County
Attorney's report.
County Attorney Stroman presented a proposed Agreement with
Atlantic Communications for the Board's consideration. He noted that he
has reviewed the contract. and approves it as to form. He requested that the
Board authorize the Chairman to execute the Agreement on behalf of the
County when the County has received written documentation from the Town
of Smithfield committing to cost-sharing on the last component added to the
contract, comparable to the written commitment received from the Town of
Windsor.
Supervisor Clark moved that the Board authorize the Chairman to
execute .the Agreement on behalf of the County, subject to receipt of written
documentation from the Town of Smithfield comparable to that received
from 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.
County Attorney Stroman stated pursuant to .Board direction, he has
prepared a Resolution to Authorize Relief from Taxes for Destruction of
Piers for the Board's consideration:
Supervisor Claud moved that the Board adopt the following
Resolution:
RESOLUTION TO AUTHORIZE RELIEF FROM
TAXES FOR DAMAGES TO PIERS
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WHEREAS, the Board of Supervisors of Isle of Wight County
recognizes that a number of citizens suffered damages to piers located. on
their properties as a result of Hurricane Isabel; and,
WHEREAS, .the Board of Supervisors recognizes that tax relief for
such damage is appropriate.;. and,
WHEREAS, such tax relief is not. available through the abatement
ordinance enacted by the Board of Supervisors on this date; and,
WHEREAS, the Code of Virginia allows for such relief by resolution
in cases of disaster; and,
WHEREAS, the Governor of Virginia. has declared Hurricane Isabel to
be a common disaster.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that any
taxpayer whose pier was in any manner destroyed by Hurricane Isabel may
be relieved of that portion of his .real estate taxes attributable to this
improvement provided that the taxpayer was uncompensa~ed by insurance or
otherwise for such loss. The tax relief shall be .for the current tax year from
and after September 18, 2003. Provided, however, .that in order to qualify
for relief, the taxpayer shall apply to the Commissioner of the Revenue
within one (1) year of September 18, 2003. The Commissioner shall
determine the amount by which the assessment should be reduced by reason
of the loss of the pier.
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 later in the
meeting pursuant to the Code of Virginia Sections 2.2-3711.A.1 and A.7.
//
Chairman MacManus called for the County Administrator's report.
County Administrator Caskey presented a Resolution of the Board of
Supervisors of Isle of Wight County Approving the Issuance of Debt by the
Western Tidewater Regional Jail Authority and Related Matters .for the
Board's consideration..
Supervisor Claud stated that the Cities of Franklin and Suffolk. have
already approved the Resolution. He noted that the jail is already eleven
(11) years old and there have been no updates to its security systems. He
stated as a result of a recent inspection that indicated there were some real
15
aoe~ 22 ~N~: ~-0~
needs that needed to be addressed, the Western Tidewater Regional Jail
Board has voted to proceed with these improvements.
Supervisor Clark moved the Board adopt the following Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY
APPROVING THE ISSUANCE OF DEBT. BY THE
WESTERN TIDEWATER REGIONAL JAIL AUTHORITY
AND RELATED MATTERS
WHEREAS, the Board of Directors (the "Board") of the Western
Tidewater Regional Jail Authority .(the "Authority") has .authorized and
approved the proposed issuance by the Authority of its revenue
bonds/notes in an aggregate principal amount not to exceed $3,800,000
{the "Bonds") for the purposes of financing certain security upgrades
and.. other capital improvements and renovations to the. Western
Tidewater Regional Jail Facility (the "Facility"), together with related
expenses (the "Project").
WHEREAS, in accordance with Section 5.9 of that .certain Service
Agreement dated August 1, 1991 ("Service Agreement") by and among the
City of Suffolk, Virginia, the City of Franklin, Virginia, the County of Isle of
Wight, Virginia (collectively, the "Member Jurisdictions"), and the
Authority, the consent of each of the Member Jurisdictions is required prior
to the issuance of the Bonds by the Authority.
NOW, THEREFORE, BE IT RESOLVED:
l . The Board of Supervisors of Isle of Wight County (the "Board of
Supervisors") hereby consents to the issuance of the Bonds by the Authority
for the purpose of financing the Project, subject to the adoption of a similar
resolution by the governing body of the .remaining Member Jurisdictions.
The Board of Supervisors hereby reaffirms its commitment to the use and
ongoing success of the Facility, and directs that for so long as any portion of
the Bonds remains outstanding, the County of Isle of Wight shall offer to
commit all of its Prisoners (as defined. in the Service Agreement) to the
custody of the Authority .unless otherwise directed by a court of competent
jurisdiction.
2. The Board of Supervisors of Isle of Wight County hereby
acknowledges and agrees that the financing for the Project is for the benefit i
of the ongoing operation and maintenance of the Facility, and that payment
of debt service on the Bonds shall be considered an operation and
maintenance expense of the Authority for purposes of the Service
Agreement and that certain agreement among the Member Jurisdictions
dated November 1, 1990 (the "Cooperation Agreement"). Under no
circumstances shall the payment of debt service on the Bonds constitute a
16
general obligation indebtedness of a pledge of the full faith and credit or
taxing power of any of the Member Jurisdictions.
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' noted that the Resolution to Amend the
E-911 Operating and Capital Budget and Appropriate Funds for . a
Centralized Voice and Data Connection was acted upon under the County
Attorney's report.
//
Chairman MacManus called for Old Business.
Chairman MacManus called for consideration of the extension of
permit fee waiver for damage repairs relative to Hurricane Isabel,
County Administrator Casket' stated pursuant to the Board's direction,
staff has. researched and determined that there was no fixed time period
during the period following Hurricane Floyd. He stated he mailed separately.
to the Board a letter identifying what some of the neighboring localities are
doing relative to this issue. He stated that he recommends that the Board
continue the waiver through the end of this fiscal year although the
Superintendent of Inspections does not support his recommendation because
he is concerned with the potential for abuse.
Supervisor Bradshaw moved the Board authorize the preparation of an
ordinance which .extends the waiver of permit fees for damage repairs
resulting from Hurricane Isabel through the end of the current fiscal year
(June 30, 2004); schedule same for public hearing at 6:00 p.m. at the
Board's December 4, 2003 regular meeting; that the meeting be changed
from 2:00 p.m. to 4:00 p.m.; and that staff is to come back with an update on
how many permits have been waived prior to the June 30, 2004 deadline..
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.
Chairman MacManus cabled for consideration of the 2004 legislative
priorities.
Donald T. Robertson, :Assistant County Administrator, distributed
information. received today from the County's Department of Social Services
that addresses its priority issues.. He advised Supervisor Bradshaw that no
proposed legislation has been submitted to date on theBPOL tax.
17
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.Chairman MacManus requested that on the new sheet provided
addressing Social Services issues, that the State, at a minimum, support
current funding.
Supervisor Claud moved the Board adopt the following Resolution and
forward all such information to the County's General Assembly delegation:
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S
LEGISLATIVE PROPOSALS FOR THE
2004 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the .General Assembly considers numerous issues that
affect local governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight has specific interest in
matters dealing generally with local governments, as .well as with matters
directly impacting the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight
County's General Assembly Delegation so that it may know of the County's
position on these important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that
the Board of Supervisors of the County of Isle of Wight endorses the
attached legislative proposals for the. 2004 General Assembly Session and
directs that both this resolution and the legislative proposals be forwarded to
Isle of Wight County's General Assembly Delegation and that the County
Administrator and his staff work with and assist the Delegation as
appropriate.
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.
E. Wayne Rountree, P.E., Director of Public Utilities, updated the
Board on the Zuni water system project. He stated all of the pipe have been
installed and all of the taps are .anticipated to be in by December 1, 2003,
followed by a week of testing and chlorinating before service is changed
over. He stated it appears there will be funding remaining in the grant after
the completion of this project and he presented a change order in the amount
of $18,000 to purchase a generator that will allow the Zuni water system to
have continuous power during outages.
Supervisor Bradshaw moved the Board approve the change order as
presented by the Director of Public Utilities, providing that the additional
grant funds will be provided by the State. 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.
18
County Administrator Caskey distributed a Board report calling the
Board's attention to a conflict with its previously schedule dates for the
Board's Board Retreat on January 9-10, 2004. He noted that the new
Supervisor-Elect will be attending the VACo Supervisors Forum on that date
which is a direct conflict with the Board's proposed Retreat.
Supervisor Claud moved that the Board reschedule its Retreat to
January 23-24,.2004 at The Smithfield Center. 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 comments offered by Marie Bailey under Citizens
Comments, Supervisor Clark moved that the Board direct staff to review the
lighting in the corridor outside the Board Room and address the visibility
issue as noted by Marie Bailey. 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 inquired about the status of Mr. Wright and Mr.
Pibbs' concerns.
Mr. Hartley noted that there is a meeting scheduled for the following
Tuesday at Cannon Acres.
Supervisor Clark inquired about the attendance by Planning
Commission members at Planning Commission meetings.
Mr. Hartley offered to provide the Board with an update of attendance
by Commission members over the current year.
Supervisor Clark noted an interest in having a representative address
the Board on any archeological opportunities on the Lawnes Creek properly.
Mr. Hartley noted that he would advise the representative that, if he
wishes to speak on the matter, the appropriate time to do so would be at the
public hearing on December 18, 2003.
Chairman MacManus inquired .about the status of the email addresses
for the Board members.
County Administrator Caskey offered to contact the Information
Services Coordinator and request an update.
Chairman MacManus inquired about the status of the Zoning
Ordinance Update.
19
800K 22 ±a,;~'~~o
Mr. Hartley noted that he anticipates an update to be .complete by
January, 2004.
Chairman MacManus noted that the Board would be holding a public
hearing next month on a proposed recycling ordinance, however, there are
three (3) communities within the County that currently receive recycling.
He recommended that staff send a letter indicating the Board's action that
the County will be dropping curbside recycling and proposing an ordinance
that they would have to petition with a greater than fifty (50%) percent
majority of their homeowners association. He stated this would provide the
homeowners time to put something in place to continue their service at their
cost.
Chairman MacManus moved that the Board direct staff to contact the
affected communities, and advise what the Board's plan is with regard to
curbside recycling so that they may consider appropriate action, The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw,
Bradby, Clark and Claud voting in favor of the motion, and no Supervisors.
voting against the motion.
Supervisor Clark requested that Mr. Hartley continue in his efforts to
address the drainage issues/power easement along Washington Lane and the
fire and discharge ordinance around the Gatling Pointe Subdivision.
//
Chairman MacManus called for New Business.
Supervisor Clark moved the Board request the Director of Emergency
Services have a list of the top ten (10) lessons learned for the Board's
discussion at its December 4, 2003 meeting. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the January 1, 2004 meeting be
moved to January 8, 2004 at 5:00 p.m. The motion was adopted by a vote of
(5-0) with .Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
voting in favor of the motion, and no Supervisors voting .against the motion,
Supervisor Bradshaw requested the County Administrator have for
consideration on the January 8, 2004 organizational meeting agenda to be
held at 5:00 p.m. consideration that the Board begin its meetings on the first
Thursday of each month in 2004 at 4:00 p.m. instead of 2:00 p.m., as in the
past. The meeting for the third Thursday of each month will begin at 6:00
p.m. with public hearings at '7:00 p.m.
20
f•,
eoeK ~ 22 :::~~~,Q~
County Attorney Stroman presented a lease agreement for the STOP
organization that he recommended the Board approve.
Supervisor Claud moved the Board authorize the Chairman to sign the
STOP lease agreement, as presented. The motion was adopted by a vote of
(S-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion.
County Attorney Stroman presented a lease agreement with the
YMCA to utilize the Home Economics Building on certain evening hours
that it is not being utilized by the STOP organization for their Head Start
program.
Supervisor Claud moved the Board authorize the Chairman to sign the
YMCA lease agreement, as presented. The motion was adopted by a vote of
(S-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
voting in favor of the motion, and no Supervisors .voting against the motion.
Supervisor Bradshaw noted with respect to .all County leases, all
repairs and maintenance pertaining to these buildings are the responsibility
of the County.. He stated .rental property should be revenue generating and
all these properties are costing the County money, not bringing in money.
..County Administrator Casket' noted that the Annual Hanging of the
Wreaths at the Courthouse would be held at 5:00 p.m. on December 4, 2003.
County Administrator Casket' noted for. the Board's information that
they would be receiving their agendas for their December 4, 2003 meeting
on Monday, December 1, 2003 due to the holiday schedule.
County Administrator Casket' presented an invitation from Grace
Keen, on behalf of the Isle of Wight Citizens Association, to attend an
upcoming event at her home over the Christmas holidays.
County Administrator Casket' .reminded the Board of the State of the
County Breakfast at 8:00 a.m. tomorrow at the Smithfield Baptist Church,
sponsored by the Chamber of Commerce.
//
Supervisor Clark requested a legal matter. be added to the Closed
Meeting.
County Attorney Stroman requested the Board entertain a closed
meeting concerning five (S) legal matters under Section 2.2-3711.A.7 and
two (2) personnel matters under Section 2.2-3711.A.1 of the Freedom of
Information Act.
21
ene~
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.
Upon returning to open session, Supervisor Clark moved the Board
return to open session. 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 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
County Attorney Stroman stated the Board, at its previous meeting,
had instructed staff to move forward with a public hearing on the exclusive
franchise agreement for County residential garbage collection. He requested
that the Board authorize the withdrawal of that request for public hearing..
Supervisor Claud moved that the Board authorize the withdrawal of
that request for public hearing. The motion was adopted by a vote of (5-0)
22
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion, and no Supervisors voting against the motion.
//
Supervisor Clark noted that there are landowners in the Hardy and
Newport Districts that, due to Hurricane Isabel, have suffered. severe erosion
to their hillsides and shorelines.
Supervisor Bradby .moved the Board direct staff to work with the
applicants to determine if repairs can be expedited with such agencies as the
Virginia Marine Resource Commission .and the Corps of Engineers. 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 requested that staff set up a meeting with the
Virginia Marine Resource Commission. representative in charge of the
permitting process.
//
At 11:20 p.m., Supervisor Bradby moved that the Board adjourn its
meeting. The motion was adopted unanimously (5-0}.
~~~~~ ~~
Richard K. MacManus, Chairman
23
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