12-18-2003 Regular MeetingeoQa 2~ d~~:~.16
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY. BOARD OF
SUPERVISORS HELD THE DAY EIGHTEENTH OF DECEMBER 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 Bradshaw 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 Item {E) under the Consent
Agenda be removed; an item be added under the County Attorney's report
concerning an agreement with B&C Services; a status report item be .added
under Old Business concerning the funding request for Christian Outreach;
and, that there be a total of five (5) matters for discussion during the Closed
Meeting.
County Administrator Caskey requested two (2) items be added under
New Business.
Supervisor Claud requested an item be added under New Business.
Supervisor Clark requested an item be added under New Business.
Chairman MacManus requested the issue of the National Arbor Day
Foundation Award be moved from the County Administrator's report to
immediately following Approval of the Agenda.
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Supervisor Clark 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 motio*~, and no
Supervisors voting against the motion.
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Supervisor Claud addressed the Board on the occasion of his last
meeting serving as a member of the Board of Supervisors. He thanked the
Board for the honor and privilege of serving on the Board and representing
the Windsor District.. He stated he has .enjoyed working with the other
Board members, as well as County staff, for the past eight (8) years. He
stated the relationship that has been built as Board members has been very
instrumental in successfully getting things done in the County that would
not have been done without a working relationship of those involved. He
thanked the County Administrator and County staff for all the cour~esies
extended to him and their responsiveness over the years. He stated he is
confident the County has a very good Board of Supervisors to address all the
challenges and business that will come before it: He extended his best
wishes to the Board in the future.
Chairman MacManus stated it has been the privilege of the County
and the Town. of Windsor to have Supervisor Claud represent them. He
thanked Supervisor Claud for the tremendous amount he .has learned from
him. Mr. Claud received a standing ovation.
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Debbie J. Sivertson, Administrative Analyst, announced that the Isle
of Wight County Beautification Committee has been designated a recipient
of a 2004 Project Award by the National Arbor Day Foundation for its "Plant
a Tree for a Child" Program. She stated 1,050 trees have been planted
throughout the County, both enhancing the County's environmental beauty,
while simultaneously honoring the County's school children.
Grace Keen, .Chairman, Isle of Wight County Beautification
Committee, thanked the Board for its support.
Chairman MacManus moved the Board allocate $1,000 for travel
expenses for Grace Keen and her husband to represent the County and to
receive the 2004 Project Award given by the National Arbor Day Foundation
in, Nebraska for the County's "Plant a Tree for a Child" Program. 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 indicated the Consent Agenda (Item 2) included
the following items:
A. Final Draft of the Chesapeake Bay Preservation Area Ordinance
B, Subdivision Plat. of Eagle Harbor, Tract 2, Phase SA, Property of
Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport
Magisterial District
C. Subdivision Plat of Founder's Pointe, Phase I, Sugar Hill Road,
Route 661, Newport Magisterial District
D. Western Tidewater HOME Consortium Agreement
E. Isle of Wight County HOME Program Administration
F. Resolution to Accept and Appropriate $19,063 from the State
Department for Constitutional Officers' Salary Increases
G. Resolution to Appropriate Funds from the Designated Grant
Fund Balance for the Completion of Various Carryover
Operating Projects
H. Resolution to Authorize Disbursement Up to $1,780,358 from
the Capital Budget to the. Industrial Development Authority for
the Completion of the Shirley T. Holland Commerce Park -
Phase II Construction
I. Isle of Wight County Administration Building and Carrollton
Volunteer Fire Department -Construction and Renovation
Progress Report
J. Carrollton Fire Station.Renovation and Expansion
K. Delinquent Real Estate Tax Collection Monthly Report
L. November 20, _2003 Regular Meeting Minutes
Chairman MacManus asked if there were any items for removal.
.Supervisor Bradshaw requested that Items (B) and (C) be pulled from
.the Consent Agenda,
Supervisor Claud moved the Board pull out Items (B), (C) as
requested by Supervisor Bradshaw and Item (E), as previously requested by
the County Attorney under.: Approval of the Agenda,. and adopt the
remaining items listed in the Consent Agenda. The motion was adopted (5-
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0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting
in favor of the motion, and. no Sti~pervisors voting against the motion.
With respect to Item (C), Supervisor Bradshaw inquired if the
information pertaining to plats was sent to CBLAD for review.
Jonathan W. Hartley, Director of Planning. and Zoning, advised that
CBLAD reviews only construction plans, not plats.
With respect to Item (B), Supervisor Bradshaw inquired if there was
any potential for a DEQ violation.
Beverly H. Walkup, Senior Planner, advised that all construction is
reviewed on the development plans, and DEQ has the opportunity to provide
any comments and inspect, as necessary.
Supervisor Bradshaw stated .his reasoning for raising the plat review
issue is because the members of the General Assembly advised the Board
several years ago that this is the most important aspect of the rezoning phase
and that if the Board had questions or concerns with a project that this
would be the time for the Board to make such concerns known. He stated he
is satisfied that CBLAD is involved in the entire review process.
Supervisor Bradshaw moved the Board accept and approve Items (B)
and (C), as previously listed on the Consent Agenda. 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 Transportation Matters.
MacFarland Neblett, Resident Engineer, VDOT, noted he was
prepared to address outstanding transportation projects with the Board.
Supervisor Claud requested that Mr. Neblett explain the reason for the
delay on the Blue Ridge Trail project when funds. had already been allocated
prior to the beginning of the fiscal year.
Mr. Neblett explained that when VDOT has. these types of projects,
whether they be rural/rustic road projects or a normal road improvement
project, many times the weather will prevent the contractor from proceeding
on a project. He stated VDOT officials felt that having the project begin in
the spring,. the weather would be more favorable and the contractor would
stand a better chance of completing the project more .quickly, with less
disruption to motorists who travel the road on a daily basis.
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Supervisor Claud pointed out that the funds were in place this fiscal
year and if VDOT would have bid the project in June of 2004, the road
would have been constructed before inclement weather became a factor.
Supervisor Claud requested Mr. Neblett contact Ms. Lee who. resides
at 9353 Whispering Pines Trail in respect to her concerns with a ditch that
was cut on her. property.
Supervisor Bradshaw requested that Mr. Neblett meet with him after
the holidays to discuss Whispering Pines Trail.
Supervisor Bradshaw inquired about the status of Dukes Lane.
Mr. Neblett noted that VDOT will be advertising Dukes, Lane in the
spring and work should begin in the summer.
Supervisor Bradshaw requested the status of Duck Town Road.
Mr. Neblett offered to check with the Richmond VDOT office and
determine if multiple projects can be bid simultaneously, as long as funds
are available.
Supervisor Bradshaw requested that Mr. Neblett advise Mr. Hartley on
the status of his earlier requests for a financial report, to include a column
indicating the amount of funds spent, and that Mr. Hartley, in turn, forward
a report to the Board.
Supervisor Bradshaw inquired about the status of his earlier request
for highway emergency lights on the highways for fire .and rescue
departments.
Mr. Neblett reported that funds are available for emergency lights,. and
that he would follow-up on his request with the VDOT Traffic Engineering
Department and report back to the Board.
Supervisor Bradby reported that large root debris still remains along
the roadway on Track Lane.
Mr. Neblett stated he understood that the debris work has been
completed, but that: he would drive down Track Lane in the morning to see if
further work is needed.
Supervisor Clark inquired about the completion date for the Rescue
Bridge project,
Mr. Neblett reported that the contractor's schedule indicates that the
bridge will be complete by the end of February, 2004.
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Chairman MacManus inquired about the status of the stop light at
Battery Park Road and Nike Park Road
Mr. Neblett reported that the light is anticipated to be installed by the
end of December, 2003.
Supervisor Bradshaw inquired about the safety rating for the
Blackwater Bridge.
Mr. Neblett agreed to follow-up on the engineer's safety rating for the
Blackwater Bridge (Route 58 Business) and report back to Supervisor
Bradshaw.
Pat Clark requested VDOT paint a white line on the connector road
from Smith's Neck Road to Nike Park Road to assist senior citizens who are
having difficulty traveling down these roadways.
Mr. Neblett reported that work began, but was deferred due to
inclement weather conditions.
Mr. Hartley presented a Resolution Requesting that the Virginia
Department of Transportation (VDOT) take Duke's Lane into the Secondary
Road System for the Board's consideration.
.Supervisor Bradshaw .moved that the Board adopt the following
Resolution and direct staf~'to forward a certified copy. to the VDOT Resident
Engineer:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIRGINIA REQUESTING THE ADDITION OF DUKE'S
LANE INTO THE STATE SYSTEM OF SECONDARY ROADS
THROUGH THE RURAL ADDITION PROGRAM
WHEREAS, a request has been received from the residents of Duke's
Lane, and
WHEREAS, the subject street was established December 4, 1979,
which is prior to the July 1, 1990 date required in §33.1-72.1 of the Code of
Virginia, and
WHEREAS, the subject street currently serves at least 3 families
per mile, and
WHEREAS, the Virginia Department of Transportation has deemed
this county°s current subdivision control. ordinance meets all necessary
requirements to qualify this county to recommend additions to the secondary
system of state highways, pursuant to §33..1-72.1, .Code of Virginia, and
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WHEREAS, the Board of Supervisors of Isle of Wight County has
secured the services of an engineering firm, Baldwin and Gregg, and the
surveying firm, J. D. Vann -Land Surveyor, licensed in Virginia, to perform
certified land survey work to properly document all. existing rights-of--way,
easements, encroachments, and privately owned properties, and
WHEREAS, said firms identified and documented all utilities in the
area and County staff has determined the depths of all utilities in the right-
of-way, and
WHEREAS, said engineering firms determined proper dimensions for
a turn-around at the terminus of the subject street, and
WHEREAS, sufficient funds have been previously allocated for .the
Rural Addition Program through the Six Year Plan for Secondary Roads and
the Revenue Sharing Program in amounts sufficient to meet the County's
portion of the improvement costs, and
WHEREAS, after examining the ownership of all property abutting
this street, this Board finds that no speculative interest exists,
NOW, THEREFORE, BE IT RESOLVED, that this Board requests the
following street be added to the secondary system of state highways,
pursuant to §33.1-72.1 (D), Code of Virginia:
Name of Street: Duke's Lane
Length: 1,800 ± feet
From: Shiloh Drive
To: Duke's Lane terminus
Guaranteed ROW Width: Minimum Fifty (50) feet.
Plat Recorded, Date: February 25, 1980, Deed Book 266, Page 662
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of--way, as described, and any necessary easements for
cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the Virginia
Department of Transportation to improve said street to the prescribed
minimum. standards, funding said improvements pursuant to §33.1-72.1 (D),
Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Resident Engineer of the Virginia Department of
Transportation,
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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Mr. Hartley reported that Popular Drive and South Shore Drive are the
next roads to be addressed on the Priority List.
Mr. Hartley presented a Resolution of the Board of Supervisors of Isle
of Wight County Requesting Addition of Certain Roads in Tract 2, Phase 1
of Eagle Harbor Subdivision into the Secondary System of State Highways
for the Board's consideration.
Supervisor Claud moved that the Board adopt the following
Resolutiono
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, REQUESTING ADDITION OF CERTAIN
ROADS IN TRACT 2, PHASE 1 OF EAGLE HARBOR SUBDIVISION
INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the streets described on the attached Additions Form SR-
5(A), fully incorporated herein by reference, are shown on plats recorded in
the Clerk's Office of the Circuit Court of Isle of Wight County; and,
WHEREAS,. the Resident Engineer for the .Virginia Department of
Transportation has advised this Board the streets meet the requirements
established in accordance with secondary road policies and the Subdivision
Street Requirements of the Virginia Department of Transportation and Isle
of Wight County Subdivision Ordinance relating to acceptance of streets
into the State's Secondary Road System.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that this Board requests the Virginia
Department of Transportation to add the streets described on the attached
Additions Form SR-5(A) to the Secondary System of State Highways,
pursuant to Section 33.1-229 of the Code of Virginia, and the Department's
Subdivision Street Requirements,
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of--way,. as described, and any necessary easements for
cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Resident Engineer for the Virginia Department of
Transportation.
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 Citizen's Comments.
There were no .comments by citizens offered to the Board.
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Chairman MacManus called for the County Attorney's report.
County Attorney Stroman presented the Events Committee By-laws
for the Board's consideration, which he has approved as to form.
Supervisor Clark moved that the Board authorize the Chairman to
execute the Events Committee By-laws on behalf of the Board.. 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 the Board would consider later in
the meeting a proposed Curbside Recycling Ordinance under Section 8,
Public Hearings, Item (A) of the agenda.
County Attorney Stroman requested that the proposed Utilities
Agreement between Isle of Wight County and the Town. of Smithfield be
moved to after the Closed Meeting.
Supervisor Clark moved that this matter be moved to after the Closed
Meeting, as requested by County Attorney Stroman. 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 stated in order to facilitate Marvin Powell's
two partners taking over the operation of Powell Management Associates as
a result of his death, there is an assumption of contractual obligations
necessary to legally transfer responsibility of the County's contract from the
former corporation to B&C. He recommended that the Chairman execute
the agreement.
Supervisor Clark moved that the Board authorize the Chairman to-sign
the assumption agreement with B&C on behalf 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.
County Attorney Stroman noted that the remainder of his items are to
be discussed during the Closed Meeting.
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Chairman MacManus called for the County Administrator's report.
.County Administrator Caskey presented a proposed emergency
ordinance to permit the placement of a temporary single-wide manufactured
home on property during repair of a residence damaged by Hurricane Isabel
for the Board's consideration.
Supervisor Claud stated other situations exist in the County wherein
residents are unable to live in their homes due to circumstances beyond their
control, and he would recommend that the Board consider adoption of an
ordinance that. contains a provision for circumstances other than hurricanes.
Mr. Hartley advised the Board that the draft Zoning Ordinance
contains a provision that would allow him in his capacity as the Zoning
Administrator to approve asingle-wide mobile home on an emergency basis
if the house has been certified by the Building Official as not habitable. He
stated he anticipates the Planning Commission having additional discussion
about allowing RV's for a period of time for that same purpose, as it is easier
to rent RV's than it is toplace a mobile home on a site.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance, as amended in the first paragraph to reflect "primary" permanent
residence:
AN EMERGENCY ORDINANCE TO PERMIT THE PLACEMENT
OF A TEMPORARY SINGLE-WIDE MANUFACTURED HOME
ON PROPERTY DURING REPAIR OF A
RESIDENCE DAMAGED BY HURRICANE ISABEL
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia that the Isle of Wight County
Administrator and Zoning Administrator shall take all actions necessary in
order to allow the use of a single-wide manufactured home as temporary
housing while residents are making repairs to their primary permanent
residence damaged by Hurricane Isabel. Such actions shall be taken with
the following conditions established:
1. Requirements. of the Zoning Ordinance may be waived at the
discretion of the Zoning Administrator and/or the County
Administrator, provided the proposed transient accommodations.
have complied to the greatest extent practical.
2. Health Department approval of all sewer and water facilities
shall be .obtained prior to siting any temporary manufactured
home.
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3. All such temporary units shall comply,with the provisions of the
Flood Plain Management District contained in the Zoning
Ordinance.
4, Such temporary accommodations shall be in conjunction. with
repairs being made to a permanent residential dwelling and shall
be removed within twelve (12) months, unless specifically
extended by the Board of Supervisors.
5. All County fees associated. with such temporary
accommodations shall be waived.
6. This Ordinance. shall be in effect for a period of sixty (60) days
from the date of adoption. .
The motion .was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
County Administrator Caskey noted that the representatives desirous
of presenting a funding request for the Church Manor Apartments .have been
delayed.
Supervisor Clark moved that the Board defer consideration of the
request until.New Business, Item (A). The motion was adopted (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
County Administrator Caskey noted that the Board previously
considered the 2004 Project Award by the National Arbor Day Foundation
for its "Plant a Tree for a Child'' Program under. Item (C) of the Approval of
the Agenda.
Donald T. Robertson, Assistant County Administrator, briefed the
Board on its previous action to approve funding for the REVMAX Program
for the Department of Social Services to hire part-time staffto undertake this
endeavor. He stated staff was unsuccessful in hiring staff on a part-time
basis and he recommended that the Board allow staff to pursue alternative
means of implementation of the program through an arrangement with
Norfolk State University and Wethington and Associates. He stated staff
would still pursue part-time employment, in addition to consulting technical
assistance simultaneously. He noted no action is required by the Board at
this .time.
Chairman MacManus acknowledged the change in concept and
recommended that the Social Services Board review the document and
provide a recommendation to the Board.
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County Administrator Caskey presented a Hampton Road
Metropolitan Medical Response System (HRMMRS) Mutual .Aid
Agreement and Strike Team Response Agreement, which has been approved
as to form by the County Attorney.
Supervisor Bradshaw moved. that the Board approve the Mutual Aid
Agreement and authorize the Chairman to execute the agreement upon
review and approval of the County Attorney. The motion was adopted (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Glaud voting in
favor of the motion, and no Supervisors voting against the motion.
Supervisor Bradshaw further moved that the Board authorize the
County Administrator to execute the Strike Team Response Agreement upon
the review and approval of the County Attorney. The motion was adopted
(5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion.
Richard O. Childress, Director •of Emergency Management, presented
an after action .report on Hurricane Isabel. He stated he and other key
members would be reviewing and providing a recommendation for
accomplishing the top ten (10) priorit}i items.
Supervisor Bradshaw moved that the Board accept the report
presented and that it be added as an agenda item to the Board's Retreat with
a Corrective Action Plan for the top ten (10) items, to include dates and
names associated with each of the .action items. The motion was adopted (5-
0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting
in favor of the motion, and no Supervisors voting against the motion.
Mr. Childress notified the Board that the report may not include all ten
(10) items with final dates by that time, rather those that are prioritized.
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Chairman MacManus called for Old .Business.
County Attorney Stroman noted the Board, at its previous meeting,
received a request' for funding from Christian Outreach and directed that the
request be referred to the Department of Social Services. He advised that the
Social Services Board. passed a motion at .its last meeting to request
Christian Outreach and United Christian Ministries to develop a concept of
how they could best accomplish these goals in terms of funding. He stated
the Social Services Board will be working. directly with these two (2)
agencies and will provide a recommendation to the Board in the coming
months.
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Supervisor Clark moved that the Board receive an update at its first.
meeting in March, 2004 on .what has transpired at the Social Services Board
meeting in regard to this request. 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 stated for the Board's information that many
times citizens are reluctant to make requests to Social Services. He stated if
an individual qualifies for particular programs, the Federal Government
must provide the funds, but the individual must first go through the process
with Social Services to determine if he/she qualifies. He further stated the
Department of Social Services is currently .working with Christian Outreach
to educate the public and get the citizens to be more proactive.
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At 7:00 p.m., Supervisor Claud moved the Board amend the regular
order of the agenda in order to conduct the public hearings. The motion was
adopted unanimously (5-0).
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Chairman MacManus called for a public hearing on the following:
A. An Ordinance to Amend Chapter 8, Weeds and Litter, Article V.
.Curbside Recycling
Chairman MacManus noted that Thomas J. Wright, III,. Supervisor
Elect for the Windsor District, is present tonight so that he will have the
benefit of all comments offered with respect to the public hearings in the
event any of them are tabled,
Chairman MacManus called for persons to speak in favor of or in
opposition to the proposed Ordinance. -
No one appeared to speak.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Clark moved that the Board table consideration of the
Ordinance until the Board's first meeting in February, 2004 and, in the
meantime, direct the County Attorney to incorporate the Board's comments
below:
. Supervisor Claud noted it should be clarified in the Ordinance
that what one individual does in the County, all will do, and blue
bins will not be used in a particular subdivision and large
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containers in the next subdivision. He noted it should be
specified in the Ordinance that it is for residential .property, not
commercial property. With respect to billing, he noted
.clarification should be provided on .how the billing will be
handled.
Chairman MacManus noted that the Board would want to ensure
that the billing cost was built into the price of the monthly
collection.
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 M. D. Spivey, owner and Sandy Bottom
Materials, operator for a Conditional Use Permit to amend the
Spivey Mining (borrow pit) Operation Plan to increase the
permitted acreage. by 8.5 acres and to extend the life of the
permit for five (5) additional years starting from the new
approval date. Said land is located 3/4 mile south of the
intersections of Routes 602 and 600, on Spivey Lane, Windsor,
in Windsor Election District.
Mr. Hartley noted that prior to the meeting he distributed a summary
of the conditions to ensure that the Board had a listing and there were not
any questions about such conditions.
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the application.
Attorney Joshua Pretlow, representing the applicant, noted that in the
past there were a few times during off hours when top soil was striped;
however, no loading had occurred. He stated the applicant has agreed to the
hours of operation of 7:00 a.m. until S:OO p.m. He stated all trucks must
head south coming out of Spivey Road because of the limitations of the
bridge to the north, and there is a condition of no tractor trailers. He stated
no problems are anticipated with the flood zone and the RPA as the pit is
located a good distance away. He noted this is not a wetlands mitigation site
and it will be reclaimed pastureland upon completion.
Darnel Tucker of 18226 Sandy Ridge Drive noted he currently lives in
a trailer located on Route 601. He stated trucks traveling through cause dust
in the air and his trailer to vibrate. He advised that his wife has been forced
off the roadway at times.. He recommended using Everetts Road as an
alternate route.
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Albert. Burckard of the Newport District spoke against the application.
He stated materials taken from these pits are anon-renewal resource that is
taken .forever from the County. He recommended that if the Board intends
to approve this pit tonight, that it make this the very last .approval of an
expansion. or new borrow pit.
Phillip Gorsey of Oliver Drive indicated that the restrictions mandated
by the Board several years ago have been working well and have improved
the safety of Oliver. Drive.. He noted on the few occasions that he reported a
truck driver in violation to Sandy Bottom Materials, appropriate action. was
taken immediately.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw stated he did not believe the Board should
approve the application until staff solicits comments from CBLAD, He
stated all property owners are required to go through CBLAD and he does.
not understand why a borrow pit would not have the same criteria and
follow the same process. He stated the criteria for all applications should be
the same and the Board should not allow any exceptions, and he would
recommend the Board table action until comments from CBLAD are
received. He stated if the Board desires to approve this application tonight
he would like to add a condition that changes # 1 to reflect that there will be
no equipment operation prior to 7:00 a.m. or after 5:00 p.m. Monday
through Saturday and that condition #6 be added that the proposed use for
the site after reclamation will be a pond for farming irrigation and/or
pastureland.
Supervisor Claud stated he did not believe it was appropriate at this
point in time to delay this application, but staff should be directed that prior
to the next borrow pit application going to the Planning Commission or the
Board that the application should first be forwarded to CBLAD for review.
Supervisor Bradshaw stated other applications involving individuals
or subdivisions have been tabled so that comments could be sought from
various agencies and the Board should continue the precedent it has set as a
standard for this County and not grant exceptions.
Mr. Hartley stated if there are not any RPA issues with the Chesapeake
Bay, unless it is a big project, typically staffdoes not request comments from
CBLAD. He noted that staff could send all applications that are proposed in
the RMA to CBLAD for comments in the future, although CBLAD does not
necessarily want to review them if there are not any substantive issues with
the Chesapeake Bay Ordinance.
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Supervisor Clark asked Mr. Hartley if there .was anything about the
parcel under .discussion that would adversely affect the Board's position in
enforcing the Chesapeake Bay Act.
Mr. Hartley replied "not that he is aware of."
Supervisor Claud moved that the Board approve the application of M.
D. Spivey and Sandy Bottom Materials, as conditioned and further amended
by Supervisor Bradshaw to reflect that there will be no equipment operation
prior to 7:00 a.m. or after 5:00 p.m. Monday through Saturday and that
condition #6 be added that the proposed use for the site after reclamation
will be a pond for farming irrigation and/or pastureland. The motion was
adopted (4-1) with Supervisors MacManus, Bradby, Clark and Claud voting
in favor of the motion, and Supervisor Bradshaw voting against the motion.
Chairman MacManus called for a public hearing on the following:
C. The application of Ernest W. Goodrich and C. L. Goodrich for a
change in zoning classification from RAC to Conditional Rural
Residential of approximately 1600 acres of land located off the
north side of Tyler's Beach Road (Route 686) and off the north
side of Fort Huger Drive (Route .676) in the Hardy Election
District. The purpose of the application is for asingle-family
residential subdivision of no more than 155 lots, as conditioned.
Mr. Hartley advised that staff received today revised proffers since the
application was first considered and approved by the Planning Commission,.
as follows: On Page 3, with respect to the dedication of fifty (50) acres for a
County park, a sentence has been added that states the park site and acreage
may be relocated and adjusted by mutual agreement of the developer and
Isle of Wight .County; under Proffer 10, with respect. to cash proffers, the
proffer amount has increased to $5,500 for each single-family detached
dwelling; and, under Proffer 13, the applicant has proffered to conduct a
Phase I Archeological Analysis of the tract of land subject to .this
application. He clarified it does exclude areas that would remain
undisturbed, such as the RPA, open space, common areas and parks as
shown on the general development plan. He stated should sites be
discovered, the developer agrees to modify or .adjust their plans to .avoid
these areas, where practical, and where it does not affect the development
plan. He stated easements will be established around these areas or if the
disturbance can not be avoided without adverse or substantial changes to the
development plan, further investigation would proceed in accordance with
the guidelines of the Archeological Investigations in Virginia, as established
by the Virginia Department of Historic Resources. He stated access. will be
granted to the areas of discovery to the County, appropriate State agencies
and others. He stated the applicant has agreed that if something is
discovered after the. Phase I study, construction will cease and the developer
will .notify the .County and allow for fourteen (14) days for further
16
investigation. He stated the developer has proffered that any artifact shall be
donated to the County or its designee, unless otherwise required by Federal
law He stated on Item 17, with respect to natural heritage sites in the area,
the developer has proffered to comply .with .the requirements of the Bald
Eagle guidelines. He stated on Item 18, the developer has proffered to grant
an easement, not to exceed twenty (20) acres, and which does not change the
density of the development to the County for the location of a dredge spoil
site within the open space areas for use as a dredge spoil site for Tyler's
Beach. Boat Harbor.
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the application.
William Riddick, Attorney, stated Virginia Timberland is proposing a
development under the County's cluster density bonus. provision, thereby
creating one (1) lot for every ten (10) acres, thus preserving more than 50%
of the overall acreage. He stated, if approved, there will be approximately
950 acres that would remain undisturbed. He stated Timberland would
market these lots as vacation homes and second homes and the property is
projected to sell between $250,000 to $350,000 per lot. He stated the
proposal for the development is no more than 1 SS lots. He stated the
original proffers were approved by the Planning Commission at its last
meeting, but due to discussions with staff, the proffers have been amended,
as provided to the Board prior to the meeting tonight. He stated the property
is to be served by a central water system and the developer. agrees to build it
..and offer it to the County. He stated the lots would be served by individual
septic tanks. He stated based on the projected cost of the homes and the tax
revenue anticipated to be generated, it is unlikely to be a development with
many school-age children. He stated the total value of the contributions,
both in-kind and cash, to the County. equals $1,650,052 or $10,645 per lot
under the proposed application. He stated the developer has acknowledged
that there is the potential for archeological value and significance at this
location and agrees to do these studies in the areas to be disturbed .and the
developer has agreed to abide by the rules related to bald eagles.
Herb DeGroft of Mill Swamp Road commended the developer for
considering the historical impact that this development has in the County.
He further commended the developer for proffering an archeological survey.
He stated it is important to note that upon rezoning, the County will receive
$215,000 annually as opposed to the $5,000 generated .now He stated there
will not be a great deal of impact on the County infrastructure as it relates to
schools. He recommended the Board approve the rezoning.
Jill Milton of North Shore Drive stated the proposed development will
directly impact her neighborhood, and she feels like the developer is taking
responsible actions to protect the surrounding residents. She stated she is in
favor of the Board approving the rezoning..
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Thomas Finderson of Sugar Hill Road requested that. the developer
consider a canoe landing for use by the general public. He stated any sites
in the park that perk should be reserved for a Visitor's Center and Activity
Building. He stated he is in favor of this property being developed for
history.
Albert Burckard distributed a copy of a letter he received from Robert
Emmit, a developer who has worked in James City County and York County
who advises it is in the .financial advantage of the developer to perform.a
thorough archeological survey. He further distributed to the Board. artifacts
found on Lawnes Neck,
Sandra Johnson of South Shore Drive stated in 1981 she and her
husband purchased property on the James River and upon clearing the lot
found numerous over-sized handmade bricks identified as 19`h century
bricks. She stated later blue and white dove ware, as well as large pieces of
red ware and clay pipes were discovered which were identified as early 17`h
century. She stated a team of archeologists later uncovered an early 17`h
century trash pit and a home site. She stated if such artifacts were
discovered on her lot, just what other artifacts might lie buried at Lawnes
Neck. She stated if homes are built before the archeological survey is
complete, an important part of history will be lost forever and she
recommended that the archeological survey be done so that the 17`h century
artifacts can be discovered that date from the beginning of the County.
Bruce Johnson of South Shore Drive asked the Board to consider
adding additional law enforcement personnel if it approves the development
as it currently takes the Sheriff's Office more than half an hour to respond to
calls in that area.
Randolph Turner, Archeologist with the. Virginia Department of
Historic Resources, urged the County to take into consideration the
archeological resources present at Lawnes Neck as land use decisions are
made for this property. He stated in 1998, at the request of the Army Corps
of Engineers, the Virginia Department of Historic Resources made written
recommendations that prior to the future development of the Lawnes Neck
area a comprehensive Phase I archeological investigation be completed,
which was based on known archeological sites being present there, as well
as the very high potential of numerous others that await discovery. He
stated there are ten (10) sites that have been identified in the .general
vicinity. He stated Fort Huger is a civil war fort in pristine condition that
awaits to be discovered should an archeological study be undertaken. He
stated Lawnes Plantation, an English settlementdating to 1619, is located at
Lawnes Neck.
Jamie May, .Archeologist at Jamestown, warned that the language is
vague in terms of what happens to the sites that are found and who takes
responsibility for the excavation of those sites. She also warned the Board
18
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to be careful about what areas are left out of the survey.. She stated most
relevant to Jamestown is the Lawnes Neck Plantation.. site. She submitted
comments from Dr. William Kelso, Director of Archeology for the
Jamestown Rediscovery. Project.
Joe Ferguson, President of the Isle of Wight Historical Society,
emphasized the importance of the County making it clear to the builders
themselves what the rules are and what will be the penalty for violations of
these proffers by the home builderse He stated the .Society is pleased that a
Phase I Archeological Study has been proffered and recommends that a
Citizens Oversight Board be established to follow the progress of this
development through the various stages of build-out so that any historical
findings can be protected in a timely fashion.
Pat Clark of Twin Hill Lane stated the Comprehensive Plan approved
by the Board covers all of the issues being discussed tonight. He stated if
the Comprehensive Plan is followed carefully, then much of that in the
Lawnes Creek area will be preserved,
Martin Jones, representing the Isle of Wight County Museum
Foundations Board,. expressed -the Foundation's desire for a Phase I
Archeological Study of Lawnes Creek.
Lori White of South Shore Drive requested the Board to be mindful of
the importance of the historic preservation. She- noted a concern with the
location of a park being placed within the development as it is located close
to the waterfront, but does not include waterfront, which places a burden on
the homeowners in that area who have to police their own properties. She
recommended that Tyler's Beach be developed as a recreational facility
which could be the waterfront access the residents of the County desire and
deserve.
Jerianne Gardner of the Newport District addressed Proffer # 18 with
respect to dredged material. She stated the residents of Rushmere Shores
are not aware of dredge material being pumped onto a site at Lawnes Neck.
She stated the sediment of the dredged materials will contain high levels of
toxic materials and sediment that are very hazardous and she requested the
Board reconsider Proffer # 18.
Chairman MacManus closed the public hearing and called for
comments from the Board:
County Attorney Stroman stated the proffer with respect to the County
park allows movement of the County park if there is mutual agreement
between the County and the developer, but if that mutual agreement could
not be reached, then the park would remain where it is presently designated.
He stated Attorney Riddick indicated that the developer would consider that
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the County park could be moved to areas presently designated as open or
common areas if the County so desired.
Attorney Riddick clarified that the developer's offer to consider other
locations does not include where the proposed development is to occur.
County Attorney Stroman stated on Proffer # 18 the developer is
proffering to the County an easement for dredged spoil disposal up to twenty
(20) acres, and that there would be mutual agreement as to where this
location would be, but the developer is unconditionally promising that some
twenty (20) acres tract would be provided for dredged spoils.
Attorney Riddick stated the developers are obligated to provide an
easement to the County, it is just a question of the location. He stated it is
always a possibility for the County not to accept this proffer on whether. or
not to do the dredging.
Supervisor Bradby thanked the Isle of Wight Historical Society and
the developer to become. involved in bringing into being the most valuable
artifacts whereas. the citizens of the County can enjoy and study them. He
stated this is an opportunity to preserve the history of this County, and he
has high .regards for the developers who have been more than cooperative.
He stated the Rushmere Volunteer Fire Department has never received a
donation of this magnitude and the Hardy District is the only district in the
County that does not have a recreational facility.
Supervisor Clark inquired what happens if the archeological study
determines that significant areas exist throughout this site.
Attorney Riddick stated if it is such that it makes it unfeasible to
develop the property, then his clients will not purchase the property. He
stated there is a sunset clause that stipulates that the developer must create a
subdivision plat within three (3) years. He stated if the developers do not
properly deal with discoveries, which must be reported to the State, the
permitting would be in jeopardy and the project would be stopped by the
Corps of Engineers, which is the agency responsible for determining if the
developer acted responsibly and compiled with the law.
Dawn Reid, Archeologist, stated she visited the site and her focus was
on relocating the fort. She stated within .the proposed development tract
there are five (5) sites that have been previously recorded although the
significance of these sites has not yet been determined.
Supervisor Clark inquired if there are guidelines that the County could
review to determine what should be included in a proffer on how the Phase I
Archeological Study should proceed.
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Dr. Turner stated the Corps of. Engineers has jurisdiction and the
Virginia Department of Historic Resources will be required to make
recommendations. He noted they would also be reviewing any work that is
done, to include the Phase I study and any subsequent investigations. He
stated there are Federal guidelines and standards for this type of work, as
well as State guidelines, which will be used throughout the project.
Supervisor Clark inquired if Dr. Turner would advise the County on
recommended language for the Item 13 proffer.
Dr. Turner advised that if the County wrote the Virginia Department of
Historic Resources and indicated that they. would like a statement as to the
official requirements for a Phase I survey. and any subsequent investigations
to ensure compatibility .with the Federal review, it could easily be worked
out with the developer and their representatives.
Supervisor Bradshaw inquired what would happen if Lawnes
Plantation is discovered.
Dr. Turner stated the Virginia Department of Historic Resources
desires that it be preserved on a long-term basis. He stated the last option
would be a full-scale excavation because of cost and because of what is done
today in excavation is going to look very amateurish 200 years from now
because science is developing at a remarkably fast pace. He stated if
avoidance is not possible; then the most common option is to go to
archeological excavation where information would be recovered from the
site that could be used to interpret what was going on therein the past. He
stated a Phase I Archeological study would be performed first whereby all
archeological sites are identified on the property, then those sites would be
reviewed and of those sites that look like they .might have potential for
significant archeological reasons, then a Phase II evaluation would be
performed where additional information. is gathered to determine whether or
not a site is eligible. for listing on the Virginia Landmarks Register and the.
National Register for Historic Places. He stated if the site is determined
eligible for listing on those registers, then the final stage is to either place
the site in an area where it would not be disturbed in the future or actual
excavation at that point. He stated with respect to the fourteen (14) day
period, the Phase I survey should locate where everything is on that property
so that accidental discoveries during construction really should not be an
issue. He stated his Department routinely reviews reports that do not meet
the level that would make it a competent Phase I survey and the information
will be sent back for further work.
Supervisor Bradshaw stated after site/sites are identified, the potential
exists that a residence could be developed adjacent to the site. He stated the
survey will not be 100% accurate due to today's technology and in ten (10)
years the County could find out that the Phase I should have covered more
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acreage, and yet there is a home built on part of a plantation or historical
site.
Dr. Turner stated generally a Phase I survey is very successful in
defining the boundaries of the site, and he did not believe this would be a
serious issue. He stated it is interpreting information in a site that changes
so dramatically over time.
Supervisor Bradshaw requested Ms. May to elaborate on the historical
significance of this area in comparison to Jamestown.
Ms. May stated sites are early as the year of 1619 would be an unusual
opportunity for historical archeologists to review. She stated there is,
however, an advantage to leaving sites protected so that more can be done
with the site in the future than can be done today. She stated part of what
makes Lawnes Creek so prominent archeologically .would be because it was
only occupied for a short period of time and which would have items that
could be dated closely to that year,
Supervisor Clark noted that. after Hurricane Isabel he is sensitive to
having back-up generators for water systems so that a development still has
power during emergencies.
Attorney Riddick noted back-up generators are a requirement. He
noted Mr. Hartley. has not addressed a request for waiver of the cul-de-sac
length. He stated with respect to the. Isle of Wight Historical Society
concerning a question of ownership, his title search indicates that Mr.
Goodrich is the owner of the property.
Supervisor Clark noted that he would be interested in some provision
concerning .when responsibility for the various maintenance items would be
conveyed to the Homeowners Association and that the developer provide an
engineering survey before the BMPs are transferred to the Homeowners
Association.
Attorney Riddick stated the developer has agreed to be responsible for
maintenance and not turning it over to the Homeowners Association until
there was 60% ownership.
Chairman MacManus stated he understood that the developer did not
wish to pursue the Phase I Archeological .Study in the open space because
none of that land is being disturbed. He inquired if the County wanted to
explore that at County. or grant cost, what legal right will the County have to
pursue that investigation with that problem.
Attorney Riddick stated the developer would not have a problem with
the County pursuing a Phase I Archeological Study in the open spaces and
they would be willing to provide access to that space to the County. He
22
stated the information he has is that the. open spaces have a .low level of
probability because of the topography and. the wetnesss
County Attorney Stroman clarified that the developer would have to be
agreeable to a proffer to allow the County an option in the future to perform
a Phase I archeological study at its expense on those common/open space
areas not platted for lots. He further clarified that the proffers accepted are
those that are accepted prior to the commencement of a public hearing and if
a change was anticipated in the. proffers, the Board would need to set a
second public hearing in order to ensure that acceptance of any subsequent.
proffers would be binding on the developer.
Supervisor Bradshaw stated this is the most historical .site in the
County and if the Board moves forward with the development, what
statement is the Board telling future generations .about this site. He stated
there is a possibility of this site becoming. a national park or a significant
tourism draw in the County. He stated as a member of the Board, he feels
there is a lot of potential in this site and both times this property was
brought before the Board, the Board denied the rezoning. ~ He stated .this
rezoning is completely against what the County's Comprehensive Plan calls
for and he could not .support it. He stated while he believes this rezoning is
a good opportunity for that area and a good opportunity for the location of a
park, but his question is whether this rezoning is in the right place and at the
right time.
Supervisor Clark noted that the Comprehensive Plan also talks about
historic preservation and preservation of open spaces. He stated the Board
must look at these exceptional circumstances to go outside the Development
Service District and the chance of this County to preserve the civil war fort
in its current state is an opportunity that can not be passed up. He stated
there -are other historic sites located on this property and he is confident that
the Virginia Department of Historic. Resources will ensure that they are
preserved as well. He stated he is concerned with the distance from
essential services such as law enforcement and rescue, but those purchasing
these lots will know that in advance and make the decision of whether this is
satisfactory to them before they purchase a lot.
Chairman MacManus stated this is an opportunity for the County to
discover its heritage and he commends the developer for working with the
citizens of the County and the Board. He stated he feels much better about
what a Phase I will do to preserve and protect the County's heritage and he
believes this will be a good project for the County.
Supervisor Bradshaw noted there were several concerns brought up in
.the initial staff report that have not been addressed.
Mr. Hartley referenced -the items listed as weaknesses in the Board
report that have not been addressed. He recommended that there be some
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approach to shoreline stabilization, i.e., a .sinking fund that each lot
contributes to so that there can be a comprehensive effort to stabilize the
shoreline along the James River.
Chairman MacManus inquired if RPA delineation is still an issue.
Mr. Hartley stated when the development plans are submitted, the.
RPAs will have to be delineated, but. there are areas that were left out of the
original delineations.
Mr. Riddick stated the issue of RPAs is not something that has to be
addressed at this level as there are many rules and regulations the developer
must comply with if the Board approves the application. He further stated
because of the nature of the area, erosion does not appear to be a concern.
He recommended that a provision be included in the restrictive covenants to
preclude residents from installing jetties that, in turn, affect other resident's
properties due to wave action.. He offered to proffer a uniform approach to
the beach line.
County Administrator Caskey noted that he had previously distributed
to the Board a memorandum from the Director of Tourism with respect to
the application.
Supervisor Bradshaw also noted that he received a fax from the
Director of Parks and Recreation dated December 12, 2003 in regards to this
project.
Chairman MacManus moved that the Board table the application and
direct staff to advertise the matter for public hearing at the Board's second
meeting in January with the following changes: (1) allow the developer to
address the requirement of the back-up generator for the water system; (2)
an engineering survey prior to a BMP study; (3) some provision concerning
when responsibility for the various maintenance items would be conveyed to
the Homeowners Association; (4) option for the County to perform a Phase I
archeological study on the common areas and open space; (5) revisiting the
issue under which the park site would be relocated; and, (6) restrictive
covenants that- might address the issue of the shoreline problems that might
occur with respect to jetties. The motion was adopted (4-1) with
Supervisors MacManus, Bradby, Clark and Claud voting in favor of the
motion, and Supervisor Bradshaw voting against the motion.
//
Supervisor Clark moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
//
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Chairman MacManus called for the continuation of Old Business.
With respect to the legislative meeting issues prior to this meeting,
Supervisor Claud moved that the Board direct staff to contact Kay Kemper
to offer feedback as to the cap amount .for the cigarette tax; staff to send a
letter to Delegate Barlow and Senator Quayle confirming their offers to be
co-sponsors for the School Capacity Ordinance; staffto advise the Delegates
and Senators who is the patron for the. Social Services issues spoken about
by the Director of Social Services; and, that staff. notify the Superintendent
of Schools that there will be a public hearing at Christopher Newport
University at 12.:00 noon on January 6, 2004 to discuss financial needs and
that the Board recommends the School Board provide representation (staff is
to begin footwork with regard to the "wild dogs" bill with the Farm Bureau
and VACo). 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 MaeManus called. for New Business.
Mr. Robertson briefed the Board on the funding request for the Church
Manor Apartments which was deferred from the County Administrator's
report. He stated staff is investigation at this time whether or not HOME
funds can be utilized to assist with this project.
Reverend Dr. James Harrison, Main Street Baptist Church, presented a
request for financial assistance from the County to rehabilitate the Church
Manor Apartments in the Town of Smithfield.
Supervisor Bradshaw moved that the Board table .consideration until
the Board's first meeting in January, 2004 and direct staff to provide an
evaluation on utilization of HOME .funds for this project. 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.
E. Wayne Rountree, P.E., Director of Public Utilities, stated the 2000
Windsor .Annexation .Agreement contained a provision that the Town had
committed to the County up to 100,000 gallons of water a day from their
existing system and that when and if the Town would upgrade their
production system, if any of that upgrade was of benefit to the County to
supply any additional water, that the County would pay its proportionate
share of that. He recommended the Board adopt the resolution appropriating
X81,045 as the County's share of the system upgrades and authorize the
County Attorney to work with the Windsor Town Attorney to prepare an
amendment to the 2000 Windsor Annexation Agreement which increases
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the allocation of water from Windsor to the County from 100,000 gallons
per day to 224,400 gallons per day.
Supervisor Claud moved that the Board authorize the County Attorney
to prepare an amendment to the Annexation Agreement increasing the
allocation of water from Windsor to the County from 100,000 gallons per
day to 224,400 gallons per day and approve the Resolution to Appropriate
$81,045 from the Unappropriated General Fund Balance for the Windsor
Water System Improvements as the County's share of system upgrades. The
motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion, and no Supervisors voting
against the motion.
.County Administrator Caskey presented a request from Jim Oliver for
financial support from the County in the amount of $2,000 for the WHRO
Pioneer Award Celebration.
Supe isor Claud moved that the Board refer the request to the School
Board for its consideration. The motion was adopted (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and o Supervisors voting against the motion.
Supe isor Claud noted he received a letter from the City of Virginia
addressed to the Governor in opposition to his proposal that $2 be added to
each monthl water utility fee and that those funds be used for natural
resource fun ing commissions. He recommended that the County write a
letter to the overnor expressing the County's opposition to the proposal, as
well.
Mrs. ~eward noted that the Governor did not include this in his
package.
Supe isor Clark directed the Director. of Budget and Finance to
include in t e upcoming budget adequate funds to compensate members of
the Planning Commission who serve on standing committees.
Supe isor Clark moved that the Board direct the Director of Public
Utilities to ommunicate the Board's concerns to C&P about complaints
received fro citizens with respect to inadequate service of the systems at
Quayle Mea ows and Cedar Grove and that he consider aback-up system
during do times:. The motion .was adopted (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the
motion, and o Supervisors voting against the motion.
Supe isor Clark moved that the Board direct staff over the. next
several mon hs to .investigate. and report back to the Board, to include the
Towns of S ithfield and Windsor, on how the County's fees compare to
other juris fictions (cities and .counties), and whether or not other
26
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jurisdictions require a peddler's license.. The motion was adopted (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Mr. Hartley advised the Board that the Board of Zoning Appeals
(BZA) wishes to conduct a joint meeting with the Board of Supervisors to
discuss their perspectives towards the variance procedure and their role.
Chairman MacManus requested that the members of the BZA advise
the. Board of available dates they can meet jointly with. the Board.
Chairman MacManus moved that the Board direct staff to send a letter
to Congressman Forbes and Senators Allen and Warner indicating the
County's interest in pursuing a Work Force Development Center and that
the Board desires. the facility to be located in the northern .portion 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.
//
County Attorney Stroman requested the Board enter Closed Meeting
for a total of seven (7) items, as follows: Four (4) legal matters under
Section 2.2-3711.A.7; a matter pertaining to a real estate acquisition
under Section 2.2-3711.A.3; two (2) matters involving both the
provision of legal advice and the expenditure of public funds where
discussion in open session would jeopardize the bargaining position of
the County under Section 2.2-3711.A.6.
Supervisor Claud moved that the Board enter the Closed Meeting
for the reasons stated. The motion was adopted (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark .and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor 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,
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W REAS, Section 2.2-3712.D of the Code of Virginia requires a
certificatio by this Board of Supervisors that such closed meeting was
conducted n conformity with Virginia law;
NO ,THEREFORE, BE IT RESOLVED .that the Board of Supervisors
hereby cert fees that, to the best of each member's knowledge, (i) only public
business afters lawfully exempted from open meeting requirements by
Virginia la were discussed in the closed meeting to which this certification
resolution plies, and (ii) only such public business matters as were identified
in the mo ion convening the closed meeting were heard, discussed or
considered y the Board of Supervisors.
VOTE
AYES: Ma~Manus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supe isor Clark moved that the .Board has considered a claim made
to them in losed Meeting and that a decision on that claim will be deferred
pending re eipt of additional information from staff. The motion was
adopted (5-)with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud votin in favor of the motion, and no Supervisors voting against the
motion.
Supe isor Claud moved that the Board authorize the Chairman to
execute the tilities Agreement between Isle of Wight County and the Town
of Smithfiel .The motion was adopted (5-0) with Supervisors MacManus,
Bradby, Br dshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Coun Administrator Caskey presented a Resolution to Accept and
Appropriate Grant Funding from the Virginia Port Authority that he
recommend the Board adopt.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
GRANT FUNDING FROM THE
VIRGINIA PORT AUTHORITY
is
eooK ~ 22 .~::~~ ~~
Whereas, the County of Isle of Wight, Virginia has made application
to the Virginia Port Authority for grant funding to local governments for
financial assistance for port facilities; and,.
Whereas, funds in the amount of forty six thousand nine hundred and
five dollars ($49,905) or so much as shall be received needs to be accepted
and appropriated to the appropriate line item in the 2004-2005 Operating
Budget of the County of Isle of Wight, Virginia.
Now, Therefore, Be It and It Is Hereby Resolved by the Board of
Supervisors of the County of Isle of Wight, Virginia that forty six thousand
nine hundred and five dollars ($46,905) or so much as shall be received
from the Virginia Port Authority be accepted and appropriated to the
appropriate line item in the 2004-2005 Operating Budget of the County of
Isle of Wight, Virginia.
Be It Further Resolved that the County Administrator of the County of
Isle of Wight, .Virginia is authorized to make the appropriate accounting
adjustments in the budget and to all things necessary to give this resolution
effect.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman MacManus moved that the correspondence discussed in
Closed Meeting be sent to the Federal representatives and the State Work
Force Development Coordinator, as discussed, the Board's intent .with
regard to a workforce development center. 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.
With respect to the request of Joe Ferguson at a .prior meeting that the
entrance road leading into the Central County Park be named in honor of
Colonel Josiah Parker, Supervisor Claud suggested that Yellow Rock Road
be named after Colonel Josiah Parker when the Board discusses this request
in the future.
//
- Supervisor Claud moved that the Board adjourn at 11:50 p.m. The
motion was adopted unanimously (5-0).
Stan D. Clark, Chairman.
W. Dougl C ey, Cler
29