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08-23-2004 Regular Meeting~oo~ 22 ~~s~4~8 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-THIRD DAY- OF AUGUST IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw,. Vice-Chairman Henry H. Bradby a Thomas J. Wright, III Richard K. MacManus 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 Clark called the meeting to order at 6:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda, The County Attorney requested that the following amendments be made to the agenda: Remove Item (B), Western Tidewater HOME Consortium Agreement, from the Consent Agenda. Under Transportation,. add a presentation. by Sandon Rogers, Transportation Planner,. on the Route 620 cost overrun... Under Old. Business, add discussion regarding a potential date for the Board of Supervisors to meet with the School Board. Under New Business, add a matter pertaining to Tyler's Beach, specifically the pier demolition and reconstruction project. Under New Business, A Resolution Designating September As Library Card Sign-Up Month 2004. ,. 1 1 1 1 soap ~ 22 >h::~4`j~ Under Closed Meeting, add three (3) additional matters; two (2) personnel matters relating to staff, and one (1) personnel matter . relating to the County Attorney. Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark indicated the Consent Agenda included the following items: A. September 11 `h Ceremony. B. Western Tidewater HOME Consortium Agreement. C. ~ DEQ/Public Notice dated August 9, 2004. D. Final Subdivision Plats for Eagle Harbor, Tract 1, Phases 1 and 2, property of Eagle Harbor LLC, Smith's Neck Road (Route 669),: Newport Magisterial District. E. Resolution Approving the Isle of Wight County 2004-2010 Secondary Six Year Improvement Priority Plan and Fiscal Year 2004-2005 Secondary Construction Budget. F. Delinquent Real Estate Tax Collection Monthly Report. G. July 22, 2004 Regular Meeting Minutes. Chairman Clark asked if there were any items for removal. Chairman Clark requested that Item (B), Western Tidewater HOME Consortium Agreement, be removed from the Consent Agenda to allow the County Attorney an opportunity to review the Agreement. Supervisor Wright moved the Board adopt the Consent Agenda,. as amended. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman stated he has not yet had an opportunity to review the contract pertaining to the Western Tidewater HOME Consortium Agreement, listed as Item (B) on the Consent Agenda. 2 ~ooK 22 t~~{500 Supervisor ~ Wright moved that the Board authorize the .Chairman to ,sign the Agreement and adopt the Resolution, subject to the County Attorney's review. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Transportation Matters. Sandon Rogers, Transportation Planner, stated responsive to Board direction at its July 1, 2004 meeting, staff has requested a list of available dates and times from Connie Sonell's office, VDOT's Interim Administrator for the Hampton Roads District, to meet with County staff regarding the $1.3 million dollar cost overrun associated with the Route 620, Foursquare. Road, project. He stated that staff has prepared a White Paper explaining how the County intends to; pursue its position with the various administrative levels within VDOT. Supervisor MacManus .noted the importance of the County's request for a copy of the internal study being done by VDOT showing the. actual expense of these improvements versus what might have been considered waste through mismanagement of the project be included in the White Paper. He noted that the citizens of the. County should not be penalized by the County having to pay for the cost overrun due to the mismanagement of VDOT staff. Supervisor. Bradshaw advised that staff would be meeting with Mr. Lomax, VDOT, the following Wednesday, and has. forwarded a request to the VDOT Interim Administrator's office for available dates and times they can meet with her. He stated the County incurred additional costs..for the bridge at Rescue, and did not pursue the matter at that time with VDOT. He further stated the County is now being :faced with a similar situation, .and the Board should pursue it, as the citizens of the County should not have to take on this financial burden. He stated the County should not be responsible for any of -the $1.3 mullion dollar cost overrun associated with the Route 620 project. Supervisor Bradshaw :moved that the Board accept the Board Report -with attached White Paper, as presented by Mr. Rogers. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, .and no Supervisors voting against the motion. Tilenna Lee of Whispering Pines Traul inquired when Whispering Pines Road would be paved in light of the cost overrun associated with the Route 620 project.. .~ l 1 Chairman Clark requested the Director of Planning and Zoning to make contact with Ms. Lee and advise what year the County anticipates Whispering Pines Trail to be paved. Ms. Lee further requested a speed limit reduction from 35 mph to 25 mph on Whispering Pines Trail. Supervisor Bradshaw moved that the Board direct -staff to take appropriate action to have VDOT review the speed limit on Whispering Pines Trail. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Citizen's Comments. Grace Keen, on behalf of the. Isle of Wight Citizens Association, relayed the Association's opposition to the County being held financially responsible for the cost overrun associated with the Foursquare Road, Route 620 project. She stated the cost overrun is the responsibility of VDOT and was not the fault of the County taxpayers; therefore, the citizens of the County should not be asked to pay for mismanagement by VDOT .staff for any project that is not properly managed by VDOT. Supervisor Bradshaw recommended that Mrs. Keen, on the behalf of the Isle of Wight Citizens Association, forward her comments. to the VDOT District Administrator and the Secretary of Transportation. Mrs. Keen noted that she made several phone calls. in addition to emails, with no response. Supervisor MacManus recommended that Ms. Keen contact Delegate Barlow and Senator Quayle, with a copy to Commissioner Shucet, VDOT, and Secretary Clement, to advise that the VDOT Hampton Roads District Administrator has not responded to her previous comments. Supervisor Bradshaw recommended that Ms. Keen also contact her local Commonwealth Transportation Board representative. Wendell Ramey notified the Board of damage that has occurred to his garage as a result of a storm drain that runs through his property and has caused a sinkhole under his garage. He advised the Board that his developer accepts responsibility for the damage caused by the storm drain this time. He stated the contractor for the utility work. has advised that it is too dangerous for his staff to repair the storm drain while the garage. is in jeopardy of collapsing. 4. eooM : ~~ ~av:~J~~ Responding to Chairman Clark, Jonathan W. Hartley, Director . of Planning and Zoning; advised the Board that the garage was constructed within the drainage easement that will eventually be conveyed to the homeowners association, and as a result,. the contractor is reluctant to begin excavating the -pipe that is located .within the easement. He advised that he has forwarded information pertaining to this matter on to the County Attorney advising him about this issue. . Supervisor Bradshaw inquired how a garage was allowed to be built in a drainage easement and how does staff verify during the construction phase where the easement is located. Mr. Hartley advised that staff issued a permit showing that the location of the garage was out of the drainage easement, but the contractor evidently built the garage within the drainage easement. He stated he unsure if the Inspections Department is provided a copy illustrating the location of drainage easements while they are out in the. field.. Supervisor. Bradshaw moved the Board direct the County Attorney, in conjunction with County staff, to address Mr. Ramey's concern, and report back to the Board on their findings at the Board's September. 2, 2004 meeting.. In the meantime, staff is to investigate how the garage was allowed to be built on the drainage easement, and identify what changes can. be made internally to .ensure that this situation does not recur. The motion was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Michael Uzzell reiterated his concerns with staff at Smithfield High School. He encouraged the Board to reestablish its relationship with the School Board because it affects the students and the citizens of the County. He inquired about the County's plans with respect to emergency services and protection for its citizens. He asked the Board to keep in -mind that fire and emergency services organizations are currently staffed with volunteers, but as the County grows, this will have to change to paid staff. R. L. Walker of the 17141 Marilyn Avenue in the Central Hill community again requested assistance with having the ditch that borders his property cleaned. Supervisor Bradshaw requested that. Mr. Hartley address Mr. Walker's concerns with Mr. Lomax, VDOT, at the upcoming meeting on Wednesday, August 25, 2004. // 1 1 5 9ooK 2~ ~;;::5(l3 Chairman Clark called for the County Attorney's report. ~- L- County Attorney Stroman noted that the Board will be considering An Ordinance to Abandon a Portion of the Right-of--Way Area for the Cul-de-sac of Lot 28, North James Landing Court, located in the Gatling Pointe subdivision later in the meeting under the Public Hearings section of the agenda.- He noted responsive to the Board's inquiry, Mr. Hartley did mail, under separate cover, a report to the Board concerning the issue of purchase of property rights by an applicant. County Attorney Stroman reported that negotiations with Virginia Dominion Power pertaining to right-of--way issues raised at the last meeting have been successful. He advised that per his request, language has now been included excluding subleasing, and other changes were made which he believed to be reasonable. County Attorney Stroman advised that he would later be addressing the Board on two (2} probable litigation matters and three (3) personnel matters, two (2) of which relate to County staff, and one (1) matter that relates to the County Attorney. He noted the first matter concerns a dispute related to the County sewer and water connection fees and the second matter pertains to a proposed consent order for violation of two (2) County ordinances. // ~- Chairman Clark called for the County Administrator's Report. County Administrator Caskey advised that pursuant to the Governor's declaration of a state of emergency at noon on August 14, 2004 as a result of Hurricane Charley, he proceeded to declare a local emergency for the County at 2:00 p.m. so that staff could proceed with opening the shelters. He requested that the Board ratify a declaration of the local emergency by adopting the Resolution to Declare a Local .Emergency contained in the agenda. Supervisor MacManus moved the Board adopt the following Resolution: RESOLUTION TO DECLARE A LOCAL EMERGENCY 1 WHEREAS, due to the severe weather associated with Hurricane Charley which has potentially created conditions of extreme peril of life and property which necessitates the proclamation of the existence of an emergency; and, WHEREAS, Section 44-146.21 of the Code of Virginia provides for the declaration of local emergencies; and, 6 r oooK 22 rh~=5~4 WHEREAS, the Board of Supervisors of the County of Isle of Wight has adopted an.Emergency Operations Plan. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia does consent to the declaration of a local emergency. BE IT FURTHER RESOLVED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services for the County of Isle of Wight and other local officials and employees having emergency responsibilities shall be those prescribed by the Plan and all applicable State and Federal law. BE IT FURTHER RESOLVED that this resolution is effective 2:00 p.m. on August 14, 2004, and shall remain in effect until rescinded by the Board of Supervisors as provided by laws. 4 The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw inquired if VDOT had provided its evaluation of damage to the County's roads due to the recent amount of stormwater associated with. hurricanes. County Administrator, Caskey recalled that VDOT had previously. advised his office by email of certain roads that were closed, but that had been before Hurricane Charley. Supervisor Bradshaw moved that the Board direct staff to contact VDOT responsive. to the recent. amount of stormwater due to hurricanes and storms and request an updated. evaluation of the various bridges located in the County with regard to the impact of water, .and that staff be further directed to remind VDOT of the Board's prior request relative to the impact of roadway flooding in the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in j favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' presented a Resolution to Support Phillip A. Bradshaw for the VACo Board of Directors for the Board's consideration.. He noted that Supervisor Bradshaw has served in that position since January of 2000 and is now up for reelection. Supervisor" MacManus moved the Board adopt the following Resolution: RESOLUTION TO SUPPORT PHILLIP A. BRADSHAW FOR THE VACo BOARD OF DIRECTORS 7 WHEREAS, Mr. Phillip A. Bradshaw has served on the Isle of Wight County Board of Supervisors since January 1994; and, WHEREAS, Mr. Bradshaw has served on several other local and regional boards and commissions during his tenure on the Board of Supervisors; and, WHEREAS, Mr. Bradshaw currently represents Region 1 as a member of the VACo Board of Directors and has diligently served in that capacity since January 2000; and, . WHEREAS, Mr. Bradshaw desires to continue to serve as a member of the VACo Board of Directors, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia fully supports the efforts of Mr. Phillip A. Bradshaw to remain a member of the VACo Board of Directors. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey noted that he would forward the Resolution to the various Chairmen and County Administrators within VACo Region 1. Mr. Hartley presented the application of Archer L. Jones, II for an appeal of an administrative determination that the proposed ten (10) foot by sixty (60) foot deck at 14571 Burwells Bay Road, which is located in the Hardy Election District, is an expansion of a nonconforming structure, and is not permitted in accordance with Section 5001 A.4. of the County's Chesapeake Bay Preservation Area Ordinance. Archer Jones distributed copies of a plat depicting the structure prior to Hurricane Isabel. He further distributed copies of a second plat showing the proposed footprint of 30' by 60'. He advised that the Board of Zoning Appeals approved the 30' by 60' cottage .without a deck. He requested the Board allow the construction of a deck of a pervious nature 10' wide across the entire perimeter of the structure. He noted the first plat provided to the Board depicts a pier going 180' into the James River which runs up to a small wooden deck, which was a pervious deck, and near that a concrete sidewalk leading to a concrete front porch on the front of the structure and a concrete side porch toward the .rear of the structure. He stated the hurricane took a small portion of the dock up to the sidewalk, which consisted of an approximately 144 square foot salt-treated lumber, pervious deck, located in the front of the structure. He advised that the dock has been reconstructed to 8 s00N ~~ rA''~U6 the high-water mark, but does not have any construction from that point back to the deck.. He stated the plat also .depicts how the 1,800 square feet was determined; however, it does not take into consideration the previous .structure to the .left of the home, which was a shed. He stated the Board of Zoning Appeals has approved the 1,800 square feet, and 10' by 60' deck is allowed on the front of the structure, which is not as close to the river as the previous structures were, and replacing pervious structure per pervious structure and replacing impervious structure for pervious structure. He stated -that he believes the deck is entirely pervious, and. Mr. Hartley acknowledges that the proposed deck does not encroach further into the RPA than the original structure. He stated the records maintained by the Commissioner of Revenue's Office indicate only 1,784 square feet, and .did not have the dimensions that the surveyor found and there were no records in the Commissioner's Office that reflected the shed. He stated that Mr. Hartley suggests that a landing of approximately 250 square feet is the minimum amount necessary, and the request is .greater than is necessary.. Mr. Jones j further stated he is not aware of any cottage that does not have a deck, and he does not feel that 10' by 60' is unreasonable under the circumstances. He recommended that the deck be permitted under a plan developed- by the Director of Planning and Zoning and a landscaping engineer to permit seascape. Noting the time of 7:00 p.m., Chairman Clark noted that the Board is . required by-law to proceed with conducting any advertised public hearings. Attorney Jones agreed to wait until -after the public hearings to discuss the remainder of his application. // At 7.:00 p.m., Supervisor Bradshaw moved the Board amend the re ular 8 order of the agenda and conduct the public hearings.. The motion was adopted unanimously (5-0). /1 Chairman .Clark called for a public hearing on the following: A. An Ordinance to Amend. Chapter 15, Taxation, Article I. General, Section 15-1 (a), Recordation Taxes. County Attorney Stroman referred to a memorandum with a proposed ordinance outlining the discussion at the Board's previous meeting that he recommends the Board adopt. He noted that the Clerk of the Circuit Court supports the change. Chairman Clark called for persons to speak in favor of, or in opposition to, the .proposed Ordinance.. 1 i 900 22 rri::5U7 No one spoke in favor of, or in opposition to, the proposed Ordinance. Chairman Clark closed, the public hearing and called for comments from the Board. Supervisor MacManus moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE L, IN GENERAL, SECTION 15-1, RECORDATION TAXES WHEREAS, the Board of Supervisors adopted an ordinance on May 1, 1975 providing for a tax on every deed not exempted from taxation of five cents (.OS) per one hundred dollars ($100) or valuation thereof; and WHEREAS, the General Assembly of Virginia has increased the Commonwealth's deed recordation tax from fifteen cents (.15) per one hundred .dollars ($100) or valuation thereof to twenty-five cents (.25); and WHEREAS, Code of Virginia, Section 58.1-814 (1950,. as amended), authorizes the County to impose a local recordation tax in an amount equal to one-third (1 /3) of the amount of the state recordation tax; and WHEREAS, the- Board of Supervisors deems it appropriate to amend its ordinance in order to be consistent with state law so as to simplify the work of the Clerk of Circuit Court in collecting the tax, and to diversify revenue streams in order to decrease the County's dependence on the real estate tax. NOW THEREFORE, BE AND IT IS HEREBY. ORDAINED by the Board of ,Supervisors of Isle of Wight County, Virginia, that Chapter 15, Taxation, Article L, in General, Section 15-1, Recordation Taxes,. be amended to read as follows: Section 15-1. Recordation taxes. (a)Deeds generally. On every deed,. except a deed exempt from taxation by law, which is admitted to record, the tax shall. be one-third of the amount of the state recordation tax. The motion was adopted by a vote. of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: 10 eooM ~2 r~~:508 B. An Ordinance to Amend. Chapter 15, Taxation, Article II, Real Estate Taxes, Section 15-7 (b) (3) and (4) and (d) Exemption or . Deferral for the Elderly or Handicapped County Attorney Stroman recommended that the Board adopt the proposed Ordinance he has prepared pursuant to discussions the Board has held with the Director of Budget and Finance. Chairman Clark called. for persons to speak in favor of, or in opposition to, the proposed Ordinance. Grace Keen of Benns Church Boulevard advised the Board that the Commission on Aging fully supports tax relief for .the elderly and handicapped. She .thanked the Board for its support of the elderly and handicapped who are the fastestgrowing segment of the County's population . and will help keep these individuals in their own homes where they are the happiest. She. noted that in-home health care and adult day .care would also help these citizens enjoy a happier lifestyle. 1Vlrs. Keen extended to the Board an, invitation to attend a seminar hosted by the Commission on Aging on September 29, 2004 at The Smithfield Center with a continental breakfast at 9:30 a.m. She noted the key speaker will be the. Commissioner of the Virginia Department of the Aging and the. meeting will focus on the spectrum of aging programs available.. Judy Morin of Waterfront Lane recommended that the Board adopt the proposed ordinance, and. that the deadline be extended so that the applicants who did not qualify on April 1, -2004 would be able to qualify -for the December, 2004 bill. Chairman Clark closed the public hearing and called for comments from the Board. ~~ Supervisor Bradshaw moved that the Board adopt the. following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE II, REAL ESTATE TAXES, SECTION 15-7, (b) (3) AND (4) AND (d) EXEMPTION OR DEFERRAL FOR THE ELDERLY OR HANDICAPPED WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia .adopted an Ordinance providing for a real estate tax exemption or deferral for qualified elderly and handicapped .property owners or partial owners, Chapter 15, Article II, Section 15-7 of the Isle of Wight County Code on November 7, 1974, and. subsequently amended the ordinance on November 3, 1977; August 6, 1981; June 21, 1984; and March 3, 1993; and ~I '~~~ i f i ti i 11 } ....~.~ 1 1 1 WHEREAS, the Ordinance in Section 15-7 (b) (3), as adopted and subsequently amended by the Board of Supervisors provides that in order to qualify for the exemption or deferral, the total combined income from all sources of the owners of the dwelling .can not exceed eighteen thousand dollars ($18,000), and provides .the first four thousand dollars ($4,000) of income. of each relative, other. than the spouse, of the owner or owners, who is living in-the dwelling, should not be included in thetotal; and WHEREAS, the Ordinance, in Section 15-7 (b) (4) as adopted and subsequently amended by the .Board of Supervisors provides that in order to qualify for the exemption or deferral. the net combined financial worth of the .owners and spouse. of anyowner, excluding the value of the dwelling and the land, can not exceed sixty-five thousand dollars ($65,000); and WHEREAS, the Ordinance, in Section 15-7 (d) as .adopted and subsequently amended by he Board of Supervisors provides that if the person elects exemption, the real estate shall. be exempt from certain percentages of real estate taxes as follows: Range of Income Exemption 0 - $b,000.00 100% up to a maximum exemption of $500 12 z $6,001.00 - $12,000.00 75% up to a maximum of $500 $12,001.00 - $18,000.00 50% up to a maximum of $500; and WHEREAS, the Board of Supervisors in compliance with Sections 58.1-3210 et sec . of the Code of Virginia (1950), as amended, desires to increase the allowable total combined income from alI sources of the owners of the dwelling living therein, to thirty thousand dollars ($30,000); and WHEREAS, the Board of Supervisors in compliance with Sections 58.1-3210. et sue. of the Code of Virginia,. (1950), as amended desires to j increase the allowable exclusion of income of each relative, other than the ` spouse, of the owner or owners, who is living in the dwelling to the first five thousand five hundr~ddollars ($5,500); and. WHEREAS, the Board of Supervisors in compliance with Section 58.1-3210 et sec . of the Code of Virginia (1950), as amended, desires to increase the allowable net :combined .financial worth, including equitable interests, of the owners and spouse of any owner, excluding the value of the dwelling. and the land not exceeding one (1) acre upon which it is situated, not to exceed one hundred thousanddollars ($100,000); and . WHEREAS, the Board of Supervisors in compliance with Sections 58.1-32.10 et sue. of the Code of Virginia (1950),. as amended desires to ., 13 aoo~ 22 r~.:~10 increase the range" of income .and maximum amount of exemption for those " qualified persons who elect exemption. " NOW THEREFORE BE 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, Section 15-7 (b)(3) be amended to read as follows: x The -total combined income during .the irinmediately " preceding calendar year from all sources of the owners of the dwelling living therein does not exceed thirty thousand dollars ($30,000); provided, that the first. five thousand five hundred dollars ($5,500) of income of each relative, other than spouse, of the owner or owners, who is living in the dwelling, shall not. be included in such total; AND BE IT FURTHER ORDAINED THAT Chapter 15, Taxation, ` Article II, Real Estate Taxes, Section 15-7 (b)(4) be amended to read as follows: The net combined financial ,worth, including equitable interests, as of December 31 of the immediately preceding calendar year, of the owners and the spouse of any owner, excluding the value of the dwelling and the land not exceeding one (1) acre upon which it is situated, does not exceed one. hundred thousand dollars ($100,000); AND BE IT FURTHER ORDAINED THAT Chapter 15, "Taxation, Article II, Real Estate Taxes, Section 15-7 (d) be amended to read as follows: If the person elects exemption, the real estate .described in this section shall be exempt from the following percentages of the real estate taxes based upon the total combined income as described in paragraph (b)(3) above: Range of Income Exemption 0 - $12,000.00 100% up to a maximum of $600 $12,001.00 - $22,000.00. 75% up to a maximum of $600 $22,001.00 - $30,000.00 50% up to a maximum of $600 $30,001.00 and above 0% I1 1 1 provided, that if the ownership of the property .for which the application is made is not held solely by the applicant or jointly with the applicant's spouse, then the amount of .the tax exemption, hereunder, shall be in proportion to the applicant's ownership interest in -the subject real property, as that ownership interest may appear. . The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion.- Supervisor Bradshaw further moved that the Board direct the County Attomey to meet with the Commissioner of Revenue to determine the effective. date to implement the Ordinance, and encourage that the effective date to be in the timeframe of October 15, 2004 to November 1, 2004 in order to provide sufficient time for the citizens to .respond to this program. Once the effective. date is determined, staff is directed to properly advertise in the newspapers and on the County's website for. this year only. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no .Supervisors voting against the motion. Chairman Clark called for. a public hearing on the following: C, An Ordinance to Amend Chapter 10, Licenses, Article IL, License Tax Schedule, Sections 10-21, Applicability of Tax to Peddlers and Itinerant Merchants and 10-25, Applicability of Tax to Peddlers; and Chapter 13, Peddlers and Itinerant Vendors, Title; Section 13-1 (b), Defined, Exceptions from Chapter; Section 13-2, License -Generally; Section 13-3, Same - Transferability; Section 13-4, Same - Display; 13-5, Identification on Vehicles and 13-6 Setback and Off-Street Parking Requirements County. Attomey Stroman stated pursuant to the Board's direction, he has prepared a proposed ordinance that raises the license fee to $50 and the tax to $500; .however, providing exemptions for farmers raising their own. goods and watermen selling their own catch and other exemptions provided for under State law. Chairman. Clark called for persons to speak. in favor of, or in opposition to, the proposed Ordinance. x No one spoke in favor of, or in opposition to, the proposed ordinance. Chairman Clark closed the public hearing and called .for comments from the Board. { 14 - 3 9 f ~o~~ ^ 2~ ~1.~~12 Supervisor ~ Wright moved that the Board adopt the . following Ordinance: AN ORDINANCE TO AMEND CHAPTER 10, LICENSES, DIVISION 3, RETAIL SALES, SECTION 10-21, APPLICABILITY.OF TAX TO PEDDLERS AND ITINERANT MERCHANTS; CHAPTER 10, LICENSES, DIVISION 4, WHOLESALERS, SECTION 10-25, APPLICABILITY OF TAX TO PEDDLERS; AND CHAPTER 13, PEDDLERS AND ITINERANT VENDORS, TITLE; SECTION 13-1 (b); SECTIONS 13-2 (a) AND (b); SECTION 13-3; SECTION 13-4, SECTION 13-5 AND SECTION 13-6 WHEREAS, the Board of :Supervisors of Isle of Wight County, Virginia adopted an Ordinance providing that a license tax on retail merchants or other persons engaged in retail. sales is applicable to peddlers and itinerant merchants, Chapter 10, Division 3, Section 10-21 of the Isle of Wight: County Code on April 21, 1988; and WHEREAS, the Ordinance .adopted by the Board of Supervisors established a requirement that peddlers and itinerant merchants who sell goods, wares or merchandise at retail are engaged in retail sales and are subject to the tax prescribed by this division; and. WHEREAS, the Board of Supervisors deems that peddlers and . itinerant merchants who sell goods, wares or merchandise at retail should be subject to a license tax of five hundred dollars ($500) per annum; and WHEREAS, the Board. of Supervisors in order to comply with Sections 58.1-371.7 and 58.1-3719 of the Code of Virginia (1950), as amended, desires to exempt certain. peddlers and itinerant merchants from annual license tax requirements; and WHEREAS, the Board of Supervisors, in compliance with Sec. 58.1- 3703 of the Code of Virginia (1950), as amended, upon proof of payment of the annual license fee assessed pursuant to Sec. 13.2 of the Code of -.Isle of Wight County, Virginia by non-exempt peddlers and itinerant merchants, desires to credit the cost of the license fee against the cost of the annual license tax; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia adopted an Ordinance providing that a license tax on wholesalers was applicable to peddlers, Chapter 10, Division 4, Wholesalers, Section 10- 25 of the Isle of Wight County Code on Apri121, 1988; and WHEREAS, the Ordinance adopted by the Board of Supervisors established a requirement that the license tax on wholesalers was inapplicable to certain sellers of specific types of goods in conformity with Sections 58.1- 3717and 58.1-3719 of the Code of Virginia (195.0), as amended; and - 15 soya 22 ~h~::513 WHEREAS, the Board of Supervisors deems that peddlers at wholesale who sell to licensed dealers or retailers should be subject to a license tax of five hundred dollars ($500) per annum; and WHEREAS, the Board of Supervisors in order to comply with Sections 58.1-3717 and 58.1-3719 of the Code of Virginia (1950), as amended, desires to ,exempt certain peddlers at wholesale from annual license tax requirements; and. WHEREAS, the Board of Supervisors, in compliance with Sec. 58.1- 3703 of the Code of Virginia (1950), as amended, upon proof of payment bf the annual license fee assessed pursuant to Sec. 13.2 of the Code of Isle of Wight County, Virginia by non-exempt peddlers at wholesale, desires to credit the cost of the annual license fee against the cost of the annual license tax; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for licenses for Peddlers and Itinerant Vendors, Chapter 13, Section 13-1 (b), Sections 13-2 (a), (b), and (c), Section 13-3, Section 13-4, Section 13-5, and Section 13-6 of the Isle of Wight County Code on January 6, 1977; as amended on March 1, 1984 and March 2, 1989 (Section 13-2 (a) and (b)); and WHEREAS, the title of Chapter l3 currently reads as follows: Peddlers and Itinerant Vendors; and WHEREAS, the Board of Supervisors deems it advisable for clarity and consistency to replace the phrase "itinerant vendor" with the phrase "itinerant merchant" in the title and wherever the phrase "itinerant. vendor" appears in Chapter 13; and WHEREAS, the Ordinance adopted and subsequently amended by the Board of Supervisors establishes the peddler's and itinerant vendor's license fee as ten dollars ($10) per annum (Sec. 13-2 (a) and (b)); and WHEREAS, the Board of Supervisors deems that both the peddler's license fee and the itinerant merchant's .license fee: should be fifty dollars ($50) per annum. NOW THEREFORE, BE AND IT IS HEREBY ORDAINED by the Board of .Supervisors of Isle of Wight County, Virginia, that Chapter 10, License, Division 3, Sec. 10-21, Applicability of tax to peddlers and itinerant merchants be amended to read as follows: Section 10-21. Applicability of tax to peddlers and itinerant merchants. (a) Peddlers and itinerant merchants who sell, or offer for sale or barter goods, wares or merchandise at retail are 16 f eoo~ 22 r~~:51~ ; engaged in retail sales and are subject to a license tax of {~ five hundred dollars ($500) per annum; (b) The license tax imposed by this section shall not apply to: 1. A licensed .wholesale dealer who sells and, at the `~ time of such. sale, delivers merchandise to retail merchants;. 2. A distributor or vendor of .motor fuels. and petroleum products; 3. A distributor or vendor of seafood who catches seafood and- sells .only the seafood caught by him;. 4. A farmer or producer of agricultural products who sells only .the farm or agricultural .products .produced or grown by him; 5. A farmers' cooperative association; and 6. Those who sell or offer for sale. in person or by their employees ice, wood, charcoal, meats, milk, butter,` eggs, .poultry, game, vegetables,- fruits or other family supplies of a perishable nature or farm roducts rown or roduced b them and. not P g P Y purchased by them for sale. (c) Ariy peddler or itinerant merchant not exempted from payment of the annual license tax hereunder shall, upon proof of payment of the annual license fee assessed pursuant Sec. 13-2 of the. Code of Isle of Wight County, Virginia, have the amount of the annual license fee credited against any applicable annual license tax. x AND BE IT FURTHER ORDAINED THAT ~ CHAPTER 10, LICENSES, DIVISION 4, WHOLESALERS, SECTION 10-25, , APPLICABILITY OF TAX TO PEDDLERS be amended to .read as follows: Section 10-25. Applicability of tax to peddlers and itinerant merchants. (d) Peddlers and itinerant merchants, as defined in Section 10-19 herein, who sell, or offer for sale. or barter goods to licensed dealers or retailers are wholesalers and are a subject to a license tax of five hundred dollars ($500) per annum; (e) The license tax imposed by this section shall not .apply to: 1. A licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail merchants;. 17 r eooK ~~ ~z~'.~J ~. 2. A distributor or vendor of motor fuels and ' petroleum products; 3. A distributor or vendor of seafood who catches seafood and sells only the seafood caught by him; 4. A farmer or producer of agricultural products who sells only the farm ' or agricultural products produced or grown by him; 5. A farmers' cooperative association; 6. Those who sell or offer for sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits or other family supplies of a perishable nature or farm products grown or produced by them and not purchased by them for sale. (f) Any peddler or itinerant merchant not exempted from payment of the annual license tax hereunder shall, upon proof of payment of the annual license fee assessed pursuant Sec. 13-2 of the Code of Isle of Wight County, Virginia, have .the amount of the annual license fee credited against any applicable annual license tax. AND BE IT FURTHER ORDAINED THAT THE TITLE OF . CHAPTER 13, PEDDLERS AND ITINERANT VENDORS, be amended to. read as follows: PEDDLERS AND ITINERANT MERCHANTS. AND BE IT FURTHER ORDAINED THAT CHAPTER 13, PEDDLERS AND ITINERANT VENDORS, SECTION 13-1 (b), SECTION 13-3, SECTION 13-4, SECTION 13-5 AND SECTION 13-6, be amended to read as follows: the phrase "itinerant vendor" shall be replaced by the phrase "itinerant merchant". AND BE IT FURTHER ORDAINED THAT CHAPTER 13, PEDDLERS AND ITINERANT VENDORS, SECTIONS 13-2 (a) AND (b) be amended to read as follows: Sec. 13-2. License-Generally. (a) Every person defined as a peddler under this chapter shall apply for a license to the Commissioner of the Revenue, who will issue such license upon the payment of the fee of fifty dollars ($50) per annum therefore to the County Treasurer. (b) Every person defined as an itinerant merchant under this chapter shall apply for a license to the Commissioner of the 18 aooM 22 f~~:516 Revenue, who will issue such license upon the. payment of the fee of fifty dollars {$50} per annum therefore to the County Treasurer. The motion was adopted by a vote of {5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. • , Chairman Clark called for a public hearing on .the folLowin ~ g D. Resolution Requesting Establishment of No .Through Trucks. In and Around the Camptown Community Mr. Hartley presented a petition to the Board containing the signatures of 153 Camptown residents in favor of the Board approving. signs to be erected designating that this area to be a "no through trucks".area. He stated that contained in the agenda is a letter from International Paper. and a letter from Franklin Equipment Company, which the Board should have received prior to the public hearing. He stated Carver Road was included in the original discussion of this proposal; however, International Paper indicated i that the company presently uses Carver Road for access to their landfill on, Lee Mill Road, and Franklin`Equipment would like the ability to make a left . turn from .that facility onto Carver Road. He distributed a modified resolution eliminating the reference to Carver Road for the Board's consideration. Vice-Chairman Bradshaw called for persons to speak in-favor of, or in Y opposition to, the proposed revised. Resolution. Sheryl Ralston, Environmental Affairs Manager, International Paper, and the Senior Environmental Engineer noted International Paper is in partial support of the proposal to prohibit truck traffic. Ms. Ralston stated International Paper does object to prohibiting truck traffic on Carver Road 4 from its intersection with Union Camp Road to a point past the Camptown Community Center. She stated Carver Road is included in the landfill permit and driving alternate routes would add 150 miles per day and five (5) hours of driving time in order to maintainmill operation. Thelma White of Pocahontas Avenue requested the Board approve the "No Through Truck" signs. She noted concern for the safety of the children and elderly residents, damage to utility lines ;and wear and tear on the roads in the Camptown community. She specifically. requested that -signs be installed at the intersections of Washington Street and Pocahontas Avenues, Jamestown and Council Road, Council Road and Carver Road, Carver Road and Roosevelt, and Washington Street. She stated the location of these signs at those intersections would not interfere with the traff c going to the City of Franklin and International Paper. 19 i 9094 ~Ir r;; ':'~17 Vice-Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw recommended -that signs be installed at Union Camp Drive, Route 258 and Business 58 prior to .entering the Camptown community. Supervisor MacManus .requested Ms. Ralston to address the route of log trucks. Ms. Ralston noted that she .would check with the drivers of the Idg trucks to see if there are alternate paths they can drive other than Carver Road. Supervisor MacManus encouraged Ms. Ralston to see if truck traffic can be kept to a minimum on Carver Road. Supervisor Bradshaw moved that the Board adopt the following amended Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA REQUESTING ESTABLISHMENT OF NO THROUGH TRUCKS IN THE CAMPTOWN COMMUNITY WHEREAS, Isle of Wight County has been requested by citizens to evaluate the possibility of restricting through trucks. in and around the Camptown community; and WHEREAS, the completion of the Route 260 Connector (now designated Route 258) provides a properly designed and engineered corridor for much of the truck traffic now traversing the interior and perimeter roads of the Camptown Community; and, WHEREAS, the County, with funding assistance from the Virginia Department of Housing and Community Development and the Virginia Department of Transportation, has made. major improvements and investments in the Camptown community to address drainage, sewer and water needs, housing rehabilitation, and other needs in the community; and, WHEREAS, in the opinion of the Isle of Wight County Board of Supervisors, the continued use of interior roads of the Camptown community by trucks is no longer desirable or compatible. with the residential character of the community. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, respectfully requests that the following road segments in the Camptown community be designated as No 20 eo~K 22 f~~:518 Through Trucks by the Commissioner of the Virginia Department of Transportation:. ' 1) Council Road (Rt. 617), .from Rt. 1603 to Rt. 691; 2) Washington Ave. (Route 1602), from Rt. 1603 to Rt. 691); ~ 3) Pocahontas Ave. (Rt. 1604) from Rt. 1603 to Rt. 691; 4) Roosevelt Ave. (Rt. 1609) from Rt. 1602 to Rt. 16.10;. 5). Lincoln Ave. (Rt. 1610) from Rt. 1602 to Rt. 617; and,. 6) Taft Ave. (Rt. l 611) from Rt. 1602 to Rt. 1610. BE IT FURTHER RESOLVED that the Board of Supervisors believes that reasonable alternative routes are available. for truck traffic utilizing Route 58 Business, the Route 260 Connector (now Rt. 258), Lee's Mill Road (Rt. 616), Carver Road (Rt. 1603), and Jamestown Lane (Rt. 691) to access the industrial facilities in the area. BE IT FURTHER RESOLVED that the Board of Supervisors requests that appropriate signs be installed on the perimeter of the community at each of the roads cited above, .and at appropriate locations outside the immediate community. BE IT FURTHER RESOLVED that the Board of Supervisors agrees to use its good offices for enforcement of the proposed restriction by the appropriate .local law enforcement agency.. The motion was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . Chairman Clark. called for a public hearing on the following: E. The. application of Manara Anne Barrett Patterson for a Conditional Use Permit to operate a private group home at 5434 Old Carrsville Road, Carrsville, in the Carrsville Election District Mr. Hartley stated the application is for. private group home, which is defined as a residence in which- individuals who have been or under treatment for a mental disorder maybe provided treatment in a home-like environment. He stated it does. not include what is defined in the County's ordinance as a group. home or a halfway house, to include individuals with a tendency towards .alcoholism, drug. abuse, mental illness, or .anti-social. or criminal conduct.. He noted the above attributes would require approval by the Board for agroup -home or halfway house. He stated for consideration tonight is a ,, 1 i~ 21 soon 22 r, ~:~19 residence in which individuals are under treatment for a mental disorder. He briefed the Board on the five. (5) conditions recommended by the Planning Commission, as outlined in the staff .report contained in the agenda, by a seven (7) to (2) vote. He advised that Conditional Use Permits do not require advertisement, but do require notification to the adjoining property owners. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. April Knight, Director of Housing and Rehabilitation for the Mentally Disabled for the Western Tidewater Community Services Board. She stated the proposed home will not be .staffed around-the-clock, and. the proposed clients are required to either attend a day support program. which focuses on meaningful work and volunteerism; are searching for part-time jobs; or work all day. She stated the setting is not a treatment setting, but drug testing is performed on the clients. She stated each client must sign a lease agreeing to abide by all .city and State ordinances and must be active in their treatment, which happens off-site at numerous clinics and day support programs. She stated counselors offer support to the clients and are on duty in their office on Bank Street from 9:00 a.m. until 5:00 p.m., 11:00 p.m. to 7:00 a.m. and 3:00 p.m. until 11:00 p.m.. She stated the goal is to transition these clients into their own apartments and into their own homes. She stated there is a stigma associated with brain disorders and the clients are not pedifiles or criminals, merely individuals with broken brains trying to live their lives and give back to the community. She stated that a close relationship is planned with the Department of Social Services and the Sheriff's Office. Manara Anne Barrett Patterson,. the applicant, advised that there are two (2) clients presently living in her residence that are mentally disabled, and who have not been a detriment to the community. She stated she is currently employing these residents to repair the home which was damaged by Hurricane Isabel. She requested that the -Board consider that there are many mentally disabled individuals who cannot help themselves without some help from others. Sheriff. C. W. Phelps advised the Board that the Sheriff's Office is required by code section to take these individuals into custody and transport them to a facility which ties up a deputy's time for at least four (4) hours. He noted concerns with how, and by whom, will these individuals be evaluated; that there will be no full-time staff at the residence; the lack of public transportation out of Carrsville to transport these individuals to their respective designations; and, the proximity of the home to a railroad, public highways and a school facility. He noted that he has found that counselors being available to respond to situations is contradictory, as some of the deputies have had to .wait for a long period of time while someone comes from Virginia Beach or some other distant location. He stated that the Sheriff's Office should also have access to emergency telephone numbers. 22 .. • _. _ , . bo~~ 22 r~~~J~Q Todd Rose of Community House Drive expressed concern .with the close proximity of Carrsville Elementary School. He asked how the residents of Carrsville could be assured that these proposed clients are not former drug or alcohol dependent individuals Delvin Butler of Joyners Bridge Road expressed concern with the close proximity of the Carrsviile Elementary School.. He stated he was under the impression the home would house ,physically handicapped individuals, not the mentally handicapped. He recommended that support staff be present at ..the home on a full-time. basis. Mike Cobb of Collosse Road noted. concern with the geographic. location of the proposed. home in proximity. to Carrsville Elementary School and an established residential community. He further noted concern that the matter, because it is a Conditional. Use Permit, is not better advertised. Chairman Clark closed the public hearing and called- for comments from the Board. Supervisor Bradshaw noted that the application should be for a group home or halfway house versus the residential home, as presented. County Attorney Stroman stated there is a question as to whether or not this application meets the definition of a private group home, which houses persons .who have been, or are under treatment for a mental disorder, so that they may be provided treatment in a home-like environment. He stated that while there is support, there does not appear to be any plan to provide treatment. He stated this application .does not fit perfectly into either definition under the County's Zoning Ordinance, and the Zoning Administrator has concluded that this application is .closest to the private group home; however, he is not sure of what treatment is being provided. in the home-like .environment. } Supervisor Bradshaw inquired how individuals with a tendency towards alcoholism, drug abuse or anti-social conduct are defined. County Attorney Stroman advised those .attributes are note defined in the County's Zoning Ordinance; however, the Code of Virginia does have a provision that gives favorable treatment to group homes that fall within certain categories. He stated this application, however, does not fall into that category as it is not regulated by the Division of Mental Health Mental Retardation and Substance Abuse Services, and an around-the-clock counselor is not provided. Supervisor Bradshaw inquired. how the County would enforce the. Conditional. Use Permit being issued. He noted the. conditions attached make it unclear. I 23 1 1 eo~K 22 ~r~:~21 County Attorney Stroman advised that the Board does have a wide latitude on Conditional Use Permits to .impose any conditions deemed appropriate. He stated the conditions listed on page 5 and 6 do not include providing for any sort of approval by the County. Typically Conditional Use Permits note that the applicant must comply with the conditions, and if the Department of Planning and Zoning finds that the applicant is not complying with those conditions, then the Department has the authority to investigate. Failure to comply is grounds for withdrawal of the Conditional Use Permit. Chairman Clark inquired if there have ever been any problems associated with the home located in the City of Suffolk. Ms. Knight noted the police has. never been called to the home in Suffolk which has been in existence for the past three (3) years, and treatment is provided off-site at the numerous clinics and day programs. She stated the home would be empty during .the day because the clients are either working or actively volunteering in their community. She stated anyone living in group residences must be stable and committed to treatment. She stated these individuals are not. at a level that requires assisted living or intensive assistance which requires on-site counselors. Chairman Clark noted his concern with the close proximity to the Carrsville Elementary School. Ms. Knight advised that none of the group homes will house sex offenders, as these individuals are considered to be criminals and not to have disabilities associated with the brain. She noted that the close proximity of the proposed home to the. elementary school does not concern her at all. She noted the residents would not be at the home during the day, and counselors would provide support until the residents retire to bed. Supervisor Bradshaw inquired why Ms. Knight did not hold any community meeting with the residents of Carrsville who expressed concern by letters to the Planning Commission about the proposed application. He noted every adjoining property owner is against the application. He asked why Ms. Knight would desire to locate such a home in a community that is so strongly opposed to it. Ms. Knight stated her organization has been fighting the "not in my backyard" syndrome for the past twenty (20) years, and it is only by locating residents in these homes that the myth is uncovered. She stated disabled citizens are also citizens of the County and these individuals are not dangerous to others. She stated this is the fourth home to be opened, and this is the first time she has encountered this level of opposition. Chairman Clark noted the key factor with this application is the distance to an elementary school, and these types of residents do have mental disabilities. 24 r enoM 2? f~~522 Ms. Knight noted that she would be willing to meet with residents of the Carrsville community to address any concerns they may have. Supervisor. MacManus inquired as to the competency of .the proposed residents. Ms. Knight advised that. the residents cook their own meals; do their .own laundry; landscape and cut their yards; clean the house; drive cars; hold jobs that put them in contact with children; handle their own money and pay their own bills; and, do their own grocery shopping. Chairman Clark recommended that the application be advertised in the newspapers at the County's expense.. County Attorney Stroman noted Condition number 1 addresses bi-polar disorder and schizophrenia which can lead to anti-social and criminal conduct, but the applicant apparently considers those individuals who are taking medications for those conditions to be outside of that definition. Supervisor MacManus requested that staff seek a medical interpretation from the Director of the Western Tidewater Community Mental Health and Retardation Services Board. Supervisor Bradshaw requested staff to work on the concerns expressed by the Sheriff with respect to the amount of time it takes to drive these individuals to the various institutions; how the home will. be staffed; that there is: no public transportation available; that the location is too close to the railroad.. and a public. elementary school; that afull-time staff person is needed; that the Sheriffs office should also have access to the phone numbers for staff personnel; and, a criminal history should be conducted on these individuals, He noted it should be clearly spelled out to the County how it will receive copies of applications, and the issue of the length of time deputies are occupied when transporting .these individuals- to institutions should be addressed. Chairman Clark moved that the Board table the matter until the Board's October 21, 2004 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark moved that the Board direct staff to readvertise the matter for public hearing at the. Board's October 21, 2004 at the County's expense. The motion was adopted by a .vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. [1 25 80015 2E., r„~~ ~3 Supervisor Bradshaw moved that the Board direct staff to conduct a citizen's meeting at the Carrsville Elementary School. Prior to the meeting, staff is directed to advertisea public notice in .The Tidewater News and The Smithfield Times, and. notify the local churches including Pulaski .Church, Beaverdam Baptist Church, Church of God, Collossee Baptist Church, Piney Grove Baptist Church, the Carrsville Ruritan Club, the Happy Homemakers organization, the fire departments, senior citizen groups, and that a letter be sent to the parents of all the students at the Carrsville Elementary School notifying them of the citizens meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark moved the Board take a five (5) minute recess. The motion was adopted unanimously (5-0). /i Chairman Clark called for a public hearing on the following: 1 F. The application of VA Timberline, LLC, James River Estates, LLC, Lawnes Creek Associates, LTD, Ernest W. Goodrich and G L. Goodrich for a Conditional Use Permit to install, a central well system using greater than 50,000 gallons per day (gpd) to serve asingle-family residential subdivision. Said property consists of approximately 1,556 acres of land .located off the north side of Tyler's Beach Road and off the north side of Fort Huger Drive in the Hardy Election District. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. Jeff Collins, Townsend Engineering, requested the Board approve the Conditional Use Permit. Supervisor MacManus inquired if testing has been done to determine the quality of the water. Mr. Collins stated there does need to be some removal of fluoride which will be done by the applicant. 1 Chairman Clark closed .the public hearing and called for comments from the Board. Supervisor Bradby moved that the Board approve the application of VA Timberline, .LLC, James River Estates, .LLC, Lawnes Creek Associates, LTD, Ernest W. Goodrich .and C. L. Goodrich. The motion was adopted by a 26 eooK 22 ~~~524 vote of (5.0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and. no Supervisors voting against the motion. ..Chairman. Clark called for a public hearing on the following: i G. Right-of-Way Vacation for Lot 28, James Landing Neighborhood Mr. Hartley. noted the Board received a letter from,Attorney Riddick last week related to this application wherein he described the circumstances behind the. request and offered to compensate the County in the .amount of .$1,511.64 should .the right-of :way vacation be approved. He stated he .distributed a copy of a letter from Stephen Serafini, a resident of North James Landing Court, prior to the meeting tonight. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed right-of--way vacation.. William K. Barlow, attorney representing the builder, Newhall .Construction Company, and the prospective buyer,lVlr. Jeff Horn stated Mr. Horn took significant actions- prior to purchasing the lot to hire a reputable surveyor who notated the 100 foot. buffer line. He stated Mr. Horn proceeded to receive zoning and land clearing permits- from the County before the Army Corps of Engineers determined the actual .Chesapeake Bay buffer line to be 'located differently.-from the surveyor, causing the.- plans of the builder to be disturbed. He stated the County then rescinded the zoning and land clearing permits, and the home builder and the prospective owner .had no alternative except to request an exception under the Chesapeake Bay Act.. He noted that the. alternative procedure to abandon the surplus right-of--way in the front of the lot .was suggested to allow. the proposed residence to be moved forward on the lot in order to .reduce the encroachment in the Resource Protection Area located at the rear of the lot. Michael Bergevin, adjoining landowner, requested a temporary.stop to the construction.. He submitted.. two (2) pictures of the lot and expressed concern with the sinkhole that is located behind the drain that parallels. his driveway. He stated the land along his driveway gets lower every time there is a heavy rain. He stated he does not believe this is a topsoil surface erosion problem, but rather something going on underneath, and he does not believe the owner or the developer has made. an attempt. to find an expert to evaluate the situation. Jack Currence of James ,Landing Circle advised that approximately eight ($) weeks ago representatives from the Corps of Engineers examined the property located behind his home and determined that a permit would not be approved for the. building because. it infringed upon wetlands. He stated the Corps of .Engineers. also examined the lot under discussion tonight and advised that approval of that lot would be reversed because of drainag 27 1 ~I1 l e f 90~~ ~~ rM~~5z5 issues. He stated the purchase of additional land for .the front of the lot would not alleviate improper drainage located in the back of the lot. William C. Wirerick of North James Landing Court expressed concern with improper drainage at the back of the lot. He recommended that the Board contact VDOT, and request that they. fix the problem as VDOT owns an easement that runs down the side of the lot adjacent to Mr. Bergevin's home. James Hall of North Landing Court stated his home was designed to fit his lot. He stated if someone buys a lot and their proposed house does not fit, then they either change the home or buy another lot. He stated to destroy the symmetry of the neighborhood lowers the value of homes on the surrounding lots. Chairman Clark closed the public hearing and called for .comments from the Board. Chairman Clark inquired where the home would be located if the Board approved the abandonment. .Attorney Barlow replied that the home needs to come forward approximately thirteen (13) feet. Chairman Clark inquired if it might be better for the .Board to consider giving the applicant footage on the backside, versus .the front side of his lot, even though there are RPA issues associated with doing this. Mr. Hartley stated Attorney Riddick has attempted to come up with an alternative to encroaching into the RPA. Chairman Clark noted that in this situation, encroachment into the RPA would not ruin the affect of the neighborhood as many of the homes in the Gatling Pointe Subdivision have RPA issues. Supervisor MacManus inquired how the drainage issue is to be addressed. Mr. Hartley stated he was unaware until tonight of the drainage issue and he would have to further investigate. the matter and take appropriate action. He stated the question is who owns the easement and who is responsible for the maintenance of it. Attorney Barlow advised that Attorney Riddick was concerned that it might be difficult to get approval for an exception under the Chesapeake Bay Preservation Area Ordinance, but he is agreeable if the Board believes this is the better way to proceed. 28 eooN 22 ~~~t52fi Chairman.. Clark moved that the Board .deny. the. abandonment of the right-of--way, and instruct the applicant to ..pursue an exception before the Board to the Chesapeake Bay Preservation Area Ordinance. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark. and. Wright voting in favor of the motion,: and no Supervisors voting. against the motion. Chairman Clark called for a public hearing on the following: H. The request of W. C. and Gayle Sawyer to amend the Comprehensive Land Use Flan Designation of tax map parcel 34- 17-04 in the Newport Development. Service District from Suburban Residential to Business and Employment Growth. Said property, approximately .99 acre of land, is located on the north f side of Carrollton Boulevard (Route 17} east of Omera Drive in (~( the Newport Election District. f ' Chairman Clark called for persons to speak in .favor of, or in opposition to, the proposed .request. Scott Smith, Hunt Club Consulting, representing Mr. Sawyer, requested the Board approve the request which is in keeping with the existing land use for the shops and parcel located in front. Chairman Clark closed the public hearing .and called for comments from the Board. Chairman Clark moved that the Board approve the request of W. C. and Gayle Sawyer. The motion was adopted by a vote of (S-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: L The application of Robert and Vicki. Petkewiczfor an exception to the Chesapeake. Bay Preservation Area Ordinance. Specifically, Section 4002 (B)(2)(a.) to allow encroachment of 46 feet into the 100 foot Resource Protection Area Buffer for the construction of a single-family residence. The. property, containing 0.659 acre of land known as Lot 7 Commodore Pointe Neighborhood,. in Gatling Pointe Subdivision, Smithfield, in the Smithfield Election District. Chairman Clark called for persons to speak in .favor. of, or in opposition to, theproposed application. Vicki. Petkewicz, one. of the applicants, requested the .Board agree with the Planning Commission's decision of July 13, 2004 to grant the exception 1 11 l' 29 1 1 ~aoK 22 ~h:~527 request with the condition of additional vegetation beyond the minimum required by Isle of Wight County for consideration of rain gardens; a right of entry on the part of the Planning and Zoning staff to ensure compliance with the vegetation plan; no encroachment within the 50 foot seaward buffer and the use of impervious pavers on the driveway. She stated they have met all of the required. criteria to minimize the footprint, and impact of development. She stated the current condition of the property would. be improved as it .currently exists; and will adhere to the Water Quality Impact, Assessment recommendation, by properly vegetating the entire property where none now exists. She stated landscape plans include mulching, providing trees, bushes and plantings of a native variety.. Robert Petkewicz, the applicants, .provided a chart illustrating .the frontal view of the property from Commodore Lane toward Morris Creek. He stated the living area would be built on the top part of the hill, with the drive underneath to-limit the amount of impervious footprint of the property. Chairman Clark closed the public .hearing and called for comments from the Board. Supervisor Wright noted as long as vegetation is planted and .left alone, he did not have a problem with approving the application. County Attorney .Stroman stated normally .encroachment does not address vegetation, and if this is an issue for the Board, the Board should be more specific with the issue of additional vegetation. Supervisor Bradshaw noted that the Board places .the burden of enforcement on the Department of Planning and Zoning. He inquired how the Department of Planning and Zoning could verify that restrictions are being adhered to on all the County's Conditional Use Permits. i f Mr. Hartley noted that staff does not spot check. or routinely ensure that :conditions are being met. Chairman Clark noted that the Board is committed to .the 100-foot buffer wherever it can be preserved; however, if you apply the front yard setbacks and the 100-foot 1~PA, then most of the lots in the Gatling Pointe Subdivision would be considered not buildable. County Attorney Stroman recommended that if the Board is inclined to approve the application. that. it do so with the following conditions recommended by the Planning Commission:. Under Item (A), additional vegetation beyond the minimum required should be installed with consideration of use of rain gardens, and that the landscaping, once installed, not be further disturbed. 30 900fl 22 rh~'~~O Supervisor 1VIacManus moved that the. Board approve the application of Robert and Vicki Petkewicz, with the following conditions recommended by the Planning Commission: Under Item (A), additional vegetation beyond the minimum required should be installed with consideration of use of rain gardens, and that the landscaping, once installed,. not be further disturbed.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the .motion,. and. no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: J. The application of William M. Camp, Jr. for. a change in zoning classification from Rural Agricultural Conservation (RAC) to .Conditional Rural Residential (C-RR), of approximately 5+ acres of land located on the south side of Joyner's Bridge Road (Route 611) east of its intersection with Walters Highway (Route 258) in the Carrsville Election District. The purpose of the application is for one (1)single-family residential lot, as conditioned. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. William M. Camp, Jr., the applicant, requested that the. Board approve . the application. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board approve the application of William M. Camp, Jr., as conditioned. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: K. The application of Robert J. Frank for a change in :zoning classification from Rural Agricultural Conservation (RAC) to Conditional General Commercial (C-GC), 6.4 acres of -land located on the south side of Brewer's Neck Boulevard (Route 258) east of the Benns Church Boulevard. (Route 10) intersection, Carrollton, in the Newport Election District.. The purpose of the application is for a future retail out parcel and mini-warehouse complex phase II. County Attorney Stroman notified the Board of a potential issue with respect to the proffers, and it is his understanding the applicant would like to proceed, and he will address it with the Board following the public hearing. 31 J 1 I~ • 9~~K ~~ lnc. V ~~ Mr. Hartley noted. that the Board received a copy of the proposed proffers, and pursuant to Board .direction, he has reviewed those with the applicant. He stated there were a number of changes, and he has provided the Board with a .copy of the most recent .revisions reflecting the County's comments prior to the public hearing. Chairman Clark called for persons to speak in favor of, or in opposition . to, the proposed application. Jonathan E. Frank, .representing Robert J. Frank, the applicant,. noted that the proffers have been revised and addressed the majority of issues with regard to landscaping and ahe location of the road to the other side of the motel that reroutes Brewer's Neck Boulevard. He stated there is a twenty- five (25} foot .buffer zone and all the uses have been changed to accommodate recommendations by staff. Thomas Finderson of Sugar-Hill Road noted concerns with traffic at the Benn's Church intersection, which currently backs up a mile to .Reynolds Road. He stated the developer. should. be asked to proffer. either a dedication of land or cash proffers for a traffic light.. He stated he does not understand why the Board is considering Phase II, when Phase I has not been built. He noted-the County should be more .specific about what future retail is going there. He stated the applicant has not proffered fire and rescue, and the Board has a valid reason for denying the application because of the intersection leading into this property. He notified the Board that thesigns advertising the public hearing are in poor condition and not readable. by the public. t Chairman Clark closed. the public hearing and called for comments from the Board. County Attorney Stroman stated the proffers make. reference to two (2) map numbers, and there are proffers tied to a given tax map that contains an error, making the proffers legally unenforceable. He .stated that proffers are voluntary, and it is up to the landowner as to whether he wishes to proffers; however, the proffers are tied to .issues that are relevant to the Board's decision on whether or not to ,grant the application.. He noted one (1) proffer deals with traffic, and the second proffers deals with whether. or not this property, if rezoned, would be appropriate for all land uses or only a couple of uses. He stated that while the applicant has not offered a proffer that deals with fire protection, the Board is always entitled to consider matters of safety in determining whether the rezoning is approved. Chairman Clark inquired if the Board approving Phase II before Phase I is a concern to Mr. Hartley.. Mr. Hartley noted he is not concerned as this comes about primarily because the Franks have acquired an additional six (6) acres, and having been 1 t 32 a O eoo~ 22 ~~~:5~0 working on the Benn's Church Master Plan since last Fall with the idea of expanding that into the six (6) acre parcel the Board is considering now. Chairman Clark asked for Mr. Hartley's comments on the developer not proffering a traffic engineering study. Mr. Hartley .noted that min-warehouses are low traffic volume generators, and the pad sites out front really generate the numbers. Patrick J. Small, Director of Economic Development, requested that the Board direct he and Mr. Hartley to meet with the applicant in regard to this application and the following application to address acquisition, of right-of- way and any other issues Mr. Finderson raised with regard to future right-of- way for the new Benn's Church connector and the realignment. I' Supervisor Bradshaw moved that the Board. table the matter and direct staff to readvertise it for another public hearing at the Board's September 16, 2004 meeting at the applicant's expense. The proffer should specifically cite the correct tax map number. In the meantime, the Director of Planning and Zoning and the Director of .Economic Development are to meet with the applicant and address acquisition of right-of--way issues. The motion was. adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors. voting against the motion. Chairman Clark called for a public hearing on the following: L. The application of Robert J. Frank to amend the proffered Master Plan of the Benns Church Development, thirty-three (33) acres of land zoned Conditional General Commercial (C-GC), to allow a self storage facility and retail/office uses. The property is located on the south side of Brewer's Neck Boulevard (Route 258).east of the Benns Church Boulevard (Route 10) intersection, Carrollton, in the Newport Election District. County Attorney Stroman advised that the proffers are valid. on thin .application.. He advised the Board members that they could, if they choose, conduct the public hearing and then table the matter, referring it back to staff, as in the prior application. He stated any other issues that need addressing that would fall within a proffer, then Mr. Frank would need to offer an amended proffer. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. Jonathan E. Frank, the applicant, noted this application is Phase I of two (2) phases. 33 R ~a~a ~? :~, ~ ~~1 Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark moved that the Board table the matter and refer it back to staff. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Supervisor Bradshaw moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Clark called for the continuation of the County Administrator's report. With respect to the application of Archer L. Jones, II for an appeal of an administrative determination that the proposed ten (10) foot by sixty (60) foot deck at 14571 Burwells Bay Road is an expansion of a nonconforming .structure, Chairman Clark advised the .Board that Mr. Jones, due to the length of the public hearins tonight, had relayed a request that the Board table consideration of his application to the Board's September 2, 2004 meeting. Supervisor MacManus moved that the Board table the application until the Board's September 2, 2004 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley presented a request of Emergency Communications of Isle of Wight County for the installation of a 30-foot antenna support structure to the rear of the Emergency Communications Center behind the Public Safety Building at 17110 Monument Circle, Isle of Wight, in the. Windsor Election District which is located in the Courthouse Historic District. Supervisor MacManus inquired. why the antenna could not be located in a less conspicuous place. Sherri A: Bush, Emergency Communication Director, explained that to mount any of this equipment on a building would require mounting structures, which are not stable, and staff is trying to connect the tower located across Highway 258 with the Communications Center. She noted that the antenna would not be visible from Highway 258. Supervisor Wright moved that the Board approve the request. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, 34 Bradshaw, Clark and Wright voting in favor of the ..motion, and no ~. .Supervisors voting against the motion.. // 1 Chairman Clark called for Qld Business. Mr. Hartley presented the design and .installation standards .far the Resource Protection Area (RPA) signage required by the Chesapeake Bay Preservation Area Ordinance Section 4002 B.6. Supervisor MacManus moved that the .Board accept .the recommendation of the Planning Commission for a S" by 8" sign limited text, with only .the County seal, to be paid for by the property owner, effective upon the receipt of the sign. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey requested the Board advise staff when they desire to hold a joint meeting with the School Board. The Board .requested County Administrator Caskey, to advise the School Board that September 1 S, 2004 and. September 29, 2004 are good dates for a joint meeting between the two (2) bodies at Boykin's Tavern. Supervisor Bradshaw directed. County Administrator Caskey to meet with .the various Department Heads to eliminate or condense certain items on the Action ListlItems not completed. Supervisor MacManus moved that the Board appoint Robert C. Claud, Sr. to serve on .the Board` of Directors of the Paul D. Camp Community. College Board. The motion was adopted unanimously (S-0). // Chairman Clark called for New Business. Supervisor MacManus moved the Board ask the Treasurer to address the Board on the matter. of delinquent taxes to determine what the County is currently doing, and what she recommends the County do in the. future. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, ~i Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting, against the motion. Supervisor MacManus addressed the letter from the School Superintendent to the County Administrator .regarding carryover funds. He commented that the Board had agreed. to allocating $600,000, -but he needs clarification about some of the other fund requests. 3S .~ ~ 1 Ao.,~ 2~ ~r,~:~533 Supervisor MacManus moved the Board direct staff to meet with the. School staff to clarify some of the carryover fund requests and provide the Board with a report. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved the Board direct staff to provide four (4) banners to .the Beautification Committee in Windsor. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Wright voting in favor of the motion, and no Supervisors voting against the motion.. Supervisor MacManus requested that staff ensure that copies of the Zoning Ordinance are made available to the public and the Board and placed on the County's website. County Administrator Caskey presented A Resolution Designating September as Library Card Sign-Up Month 2004, as requested by the Carrollton Library. Chairman Clark moved the Board adopt the following Resolution: A RESOLUTION DESIGNATING SEPTEMBER AS LIBRARY CARD SIGN-UP MONTH 2004 WHEREAS, the smartest card is a library card; and, WHEREAS, a library card opens up a world of opportunity for people of all ages; and, WHEREAS, a library card provides access to a goldmine of books, magazines, CD's, videos, computers, the Internet and more; and, WHEREAS, library cards are the ticket to a whole variety of free programs and services for the whole family to enjoy; and, WHEREAS, .children who have library,. cards and use the library perform better in school. NOW, THEREFORE, BE IT RESOLVED .that the Board of Supervisors of the County of Isle of Wight, Virginia designates the month of September 2004 as Library Card Sign-up Month in Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 36 SOON 22rAt~`~3`t County Administrator Casket' noted only one (1) bid was received with respect to the Tyler's Beach pier demolition. He requested ~ the Board authorize staff to .open the single bid received. He further requested the Board's consideration of repealing its prior direction that single bids cannot be opened without Board approval. . Supervisor MacManus moved the. Board authorize staff to open the single bid received. The .motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw recommended that .staff continue with its past direction and come back to the Board for :authorization of acceptance of single bids. He stated that staff should be authorized to proceed with opening a bid, but the bid should be brought back to the Board for consideration. Chairman Clark moved the Board allow single bids to be opened by staff with. the understanding that all such bids may be accepted or rejected by the Board: The motion: was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and Wright. voting. in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw noted concern with. the recent article that appeared in the Daily Press with respect to Tyler's Beach and the declining relationship between the Board and the Department of Game and Inland Fisheries.. ~ Donald. T. Robertson, Assistant County Administrator, advised that staff recently had a positive meeting with representatives of the Department of .Game. and Inland Fisheries with respect to how the relationship can be moved forward, and the County's and the Department of Game and Inland Fisheries' commitment. He stated he is awaiting a response fromthem on a date for a future'meeting. Supervisor Bradshaw moved the Board direct staff to invite the appropriate representative from the Department of Game and Inland Fisheries to address the Board on a recent news article that appeared in the Daily Press. Staff is to develop. a report outlining the responsibilities of the County and the State for the Tyler's Beach Boat Harbor facility,. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and ..Wright voting in favor of the motion, and no Supervisors voting against the motion. .:County Administrator Casket' offered to provide the Board with a copy of the report provided to the- Board at its last meeting by the Director of Parks and Recreation for the Board's perusal i I // 37 eooK . 2? ~.~ ~3`~ Supervisor Bradshaw moved the Board allow Thomas Finderson to speak under Citizens Comments. The motion was adopted unanimously (5- 0). Thomas Finderson of the Newport District: addressed the public hearing of the application of Robert and Vicki Petkewicz for an exception to the Chesapeake Bay Preservation Area Ordinance. which was approved by the Board earlier tonight with the following conditions recommended by the Planning Commission: Under Item (A), additional vegetation beyond the minimum required should be installed with consideration of use of rant gardens, and that the landscaping, once. installed, not be further disturbed. He stated the wording in the condition is too strong, as the applicants must be allowed to enter the 50-foot buffer to remove honeysuckle and ivy; otherwise, any shrubbery planted will be completely taken. over and destroyed. // County Attorney Stroman requested the Board enter the Closed Meeting to discuss three (3) personnel matters relating to promotion/performance, etc., of public officers, appointees, or employees of any public body under Section 2.2-3711.A1; three (3) legal matters matters, two (2) matters of which involve probable litigation, and one (1) matter involving legal advice related to rezoning, under Section 2.2-3711.A.7 of the Freedom of Information Act. Supervisor MacManus moved the Board enter the Closed Meeting for the reasons stated. The motion was adopted by a .vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman 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 Wright voting in favor of the motion, and no Supervisors voting againstthe 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; 38 aooK 22 -•~4~536 NOW, THEREFORE, $E IT RESOLVED that the Board ofSupervisors 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 Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING; 4 i :~~~ -r- Stan D. Clark, Chairman 39 At 11:40 p.m., Supervisor Bradby moved the Board adjourn. The motion was adopted unanimously (5=0). // Supervisor Bradshaw moved the Board revisit. the action taken on Consent Agenda -Item (D), Final Subdivision Plats. for Eagle Harbor, Tract 1, Phases. l -and 2, property of Eagle Harbor LLC, Smith's Neck Road (Route 669), .Newport Magisterial .District. The motion was adopted by a vote. of (5-. ' 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the`motion. Y Supervisor Bradshaw moved the Board rescind the vote on Consent Agenda Item (D), Final Subdivision Plats for Eagle Harbor, Tract 1, Phases l and 2, property of Eagle Harbor LLC, Smith's .Neck Road (Route 669), Newport Magisterial District and table the matter for consideration at another meeting. The motion was adopted by a vote of (5-0) with Supervisors MaeManus, Bradby, Bradshaw, Clark .and Wright voting in favor of he motion, and no Supervisors voting against the motion. N 1