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
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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.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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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.
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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.
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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.
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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.
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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..
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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.
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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.
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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.
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Chairman Clark called for the County Attorney's report.
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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.
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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
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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,
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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.
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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
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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
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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.
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At 7.:00 p.m., Supervisor Bradshaw moved the Board amend the re ular
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order of the agenda and conduct the public hearings.. The motion was
adopted unanimously (5-0).
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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..
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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:
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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.
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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
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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
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$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
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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:
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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%
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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
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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
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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~
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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
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• _. _ , .
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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..
//
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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.
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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
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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
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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
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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
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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.
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