Loading...
11-04-2004 Regular MeetingREGULAR MEETING OF THE ISLE OF-WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan b. Clark, Chairman (Arrived at 4:10 p.m.) Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III Richard K. MacManus (Arrived at 4:25 p.~n.) Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County. Administrator Donald T. Robertson, Assistant County Administrator/Operations Carey Mills Storm, Recording Secretary Vice-Chairman Bradshaw called the meeting to order at 4:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // .Chairman Clark called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Under Old Business, add Board Report entitled "HOME Program Update" as Item {H}; Under New Business, add Board Report .entitled "Installation of .Reverend Melvin T. Blackwell" as Item (A); and, no changes to the Closed Meeting which consists of a matter involving legal advice on actual litigation .for water and -sewer fees and a ,matter involving legal advice pertaining to purchase of development rights.. Supervisor Bradshaw requested a personnel matter be added to the Closed Meeting to discuss -the evaluation of a County administrative employee. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was .adopted by a vote of (3-0-2) with Supervisors Bradby, Bradshaw, and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors MacManus and Clark absent for the vote. 1 I _J 1 1 ~~ Vice-Chairman Bradshaw indicated the Consent Agenda included the following items: A. Summary of School Funding - FY 04-05 B. Board of Equalisation. Action on Communication. Tower Valuations C. County Strategic Plan of Action/Objective l .E. Master Water and Sewer Plan D. Holiday Schedule E. Isle of Wight County .Administration Building and Carrollton Volunteer .Fire Department - Construction and Renovation Progress Report F. Resolution for Acceptance of Streets .into the State Secondary Road System, Oyster Way Subdivision G. Resolution for. Acceptance of Streets .into the State Secondary Road. System, Section 2 of the Carrollton Meadows Subdivision H. Resolution for .Acceptance of Streets into. the State Secondary Road System, Phase 2 of the Ashby Subdivision I. Board of Zoning Appeals. Action List of October 4, 2004 J. September 30,:2004 Regular Meeting Minutes Vice-Chairman Bradshaw removed Items (A) and (B) for further discussion. // Vice-Chairman Bradshaw called for Special Presentations.. Shelley Huntington, Marketing Director, Blackwater Regional Library, distributed a copy of the Library's Annual Report, and shared some of the activities and plans of the Regional Library. system with the Board.. // Chairman Clark arrived at the meeting at 4:10 p.m. 2 9!InK f.,~ .. 'fi JO With regard to .Item (A) previously listed on the Consent Agenda, Supervisor Bradshaw directed Ms. Seward to publish the fact on the website that the Board of Supervisors'. final appropriation to the school system was $400,000 greater than the School Board requested: during~the budget process. He noted that the school administration has not provided the County with a revised budget explaining how the additional funds would be spent or what these funds would be used for. He inquired if the School Board would. be required to conduct a public hearing to readvertise its budget and incorporate the additional funds. County Attorney Stroman advised that the School. Board would need to amend -its budget in order to spend .any additional funds appropriated that were not incorporated during the budget process. He stated a public hearing could be required, depending on the additional amount appropriated. With regard to Item (B) of the Consent Agenda, Supervisor Bradshaw received assurance from the Commissioner of Revenue that the decrease in asset evaluation was fair,-and the reduction was proper, for the decrease in assessments on communications towers by the Board of Equalization. Supervisor Bradshaw moved that the Board defer action on the Consent Agenda in full., as he has discussed Items (A) and (B) and he is satisfied with the answers he received, until Old Business and .the arrival of .Supervisor MacManus. The motion was adopted by a vote of (4-0-1) with Supervisors Bradby, Bradshaw, Wright and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor MacManus absent. // Chairman Clark called for Regional Reports. Chairman Clark reported that transportation initiatives are the primary consideration of the .Hampton Roads Partnership; the Hampton Roads .Economic Development Alliance; the Mayors and Chairs Caucus; the Southside Mayors and Chairs; and, the Hampton Roads Planning District Commission, with the exception of the issue of the merger "of the Work Force Development Southside Peninsula. He reported 'that the Hampton Roads Planning District Commission is considering apublic/private toll partnership to facilitate the third-crossing, in addition to other transportation initiatives in the southside Tidewater. Supervisor Wright reported that at the Intergovernmental Committee meeting, the Town of Windsor addressed the issue of sewer, and his presence is requested at the. Town Hall tomorrow at 4:00 p.m. He .noted the Town of Windsor has received its study, and he would .update the Board at its next meeting regarding what takes place at Friday's .meeting. ~- I~ 1 _AOOK 22 %~:~'S:iy Supervisor. Bradshaw notified the ..Board of a regional meeting scheduled for November 10, 2004 between the County, the City of Franklin, Southampton County and the City of Suffolk to discuss utilities. Supervisor Wright notified the Board that the Western Tidewater Water Authority meeting is scheduled for November 19, 2004. County Attorney Stroman notified the Board that the Coalition of High Growth Communities will be meeting at the VACo Annual Conference, and - there will be a report to .follow at the Board's next meeting. Supervisor Bradshaw notified the Board of the various committees that. - will. be meeting at the VACo Annual Conference. He noted that he serves on the Finance Committee as the personal property tax relief program will be discussed. He reported that the -Rural Caucus would meet on Sunday afternoon; Region I will 'be having a caucus on Sunday afternoon in order to elect a new Director. County Attorney Stroman noted. that the Administration- of Governments meeting would be primarily devoted to the:. legislative agenda for VACo for the. upcoming .legislative session. !/ Chairman Clark called for Transportation Matters. With respect to the issue of the letter from Sheriff C. W. Phelps to VDOT concerning Whispering Pines Trail, Supervisor Bradshaw directed Mr. Rogers to contact the Sheriff, obtain a copy of his letter, and forward it on to the Board for its action. Regarding the issue of Ms. Lee and the Verizon telephone lines, Supervisor Bradshaw requested that Mr. Rogers contact Verizon and advise the Board if no .action has been taken by its next meeting so that a letter can. be drafted- by the Chairman advising that the Board would like to see action take place on this issue. With respect to the status of Duck Town Road, Mr. Rogers advised Supervisor Bradshaw that no bids had been received on Duck Town Road, and VDOT intends to re-bid the work at the end of November. He advised it would be 60 days before the project could be awarded. With respect to the .status of Dukes Lane,. Mr. Rogers advised Supervisor Bradshaw that the right-of--way will be staked next week, and that the bus drivers will be shown where to turn around until the road is paved. With respect to Blackwater Road, Supervisor Bradshaw requested that Mr. Rogers .advise Mr. Lomax that the Board is interested in being kept apprised as to the. status of the work as it pertains to the 10% contingency. Supervisor Bradshaw moved that the Board direct staff to request that. VDOT provide the Board with a financial cost report by project which lists 4 J soon 2? :~,•~~~1 all the projects, and what has been expended on each on a quarterly basis. The motion. was adopted by a vote of (4-0-1) with Supervisors Bradby, Bradshaw, Wright and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor MacManus absent. With respect to the Route 620 project, Supervisor Bradshaw requested that staff draft a report on the recent meeting that was held for the Board's November 18, 2004 meeting. Chairman Clark. requested that staff continue to stay on top of the contractors and VDOT with regard to the outfall ditches on Sugar Hill Road. He specifically requested that staff request the contractor and VDOT to meet with Julia Brooks with respect to the ditch line that was taken out in front of her home when the road was paved and which needs to be replaced. // Chairman Clark called for Citizen's Comments. Supervisor MacManus arrived at the meeting at 4:25 p.m. Albert Burckard addressed the Board on his opposition to moving the historic African American schoolhouse from its present location on . Longview Drive in the Windsor District to the Town. of Smithfield for the purpose of making it a tourist attraction during .the 2007 Jamestown event. He recommended that the school be rebuilt on the ground where the history, education and culture occurred. He requested that the Board conduct a public _ hearing before the project is allowed to continue. // .Chairman Clark called for the County Attorney's report. County Attorney Stroman introduced Commissioner of Revenue, Janice A. Hardison, who briefed the Board on her 'efforts to educate the public about the tax relief for the elderly and handicapped program. Shea stated to date, the County has taken 40 new applications for tax relief. She noted that many. citizens have mistakenly believed that this program is a deferment program, and she has tried to make it clear to the public that it can be a complete tax exemption program. Supervisor Bradshaw requested that Commissioner Hardison provide a fact sheet to the County Administrator for distribution to staff and the Board for their use in explaining the tax relief program at civic meetings and other functions. County Attorney Stroman advised the Board. that .with respect to the Eagle Harbor Preliminary Subdivision Plats Tract 2, Phases SB and 6, Mr. ...~,~.: .,~........,Nr.~,~.,,a,.P.~..~.~ u..... __ ~ ._ _.. _ _ _. _ ....:~ _ ~.~,:.~ .~,.. ~.~ __ ~ _ .~ . ~ ._ _ _ _ 1 1 1 eo~K 22 ~,;;.6~~ .Hartley has advised the developer that the County wily. not be accepting drainage easements in Eagle Harbor. County Attorney Stroman advised that he has approved as to form the Agreement between the Board of Supervisors and the Southeastern Tidewater Opportunity Project, Inc. (STOP) that is included in the agenda. Supervisor Bradshaw moved the Board approve the proposed agreement between .the Board and the STOP organization. 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 noted he intended to discuss with the Board a matter requiring the provision of legal advice regarding. actual litigation pertaining to water and sewer connection fees pursuant to Section 2.2- 3711.A.7; amater concerning legal advice and briefings by staff related to the proposed purchase of development rights ordinance pursuant to Section 2.2-3711.A.3; and, a personnel item under Section 2.2-3711.A.1 during the Closed Meeting, /l Chairman Clark called. for the Community Development Report. Mr. Hartley presented the Board- with printed copies of Berms Church Activity Center: A Roadmap for Growth for their reference and use, which has been adopted by the Board as part of the County's Comprehensive Plan.. He reported that the document did receive an award from. VACo for both the process and the product. He noted .that the public could purchase the document for a fee of $65. Beverly H. Walkup, Assistant Director of Planning. and Zoning, inquired if the Board had: any concerns with respect to the preliminary subdivision plat of Eagle Harbor, Tract. 1, Phases 3, 4 and 5, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), located in the Newport Magisterial District. Supervisor MacManus stated that the County Attorney, in response to the Board's concern at a .previous. meeting, had advised the Board earlier in the meeting today that drainage easements will no` longer be the County's responsibility to maintain. Ms. Walkup stated that Note # 12 on the front of the plat states that all drainage. easements will be the responsibility. of _the Homeowner's Association. 6 9o~K 2? ~r.'.'~f~ Supervisor Bradshaw reported that he had received a letter from a citizen advising that there were a number of citizens who attended the public .hearing on the Zoning Ordinance held by the Planning Commission, and who voiced their concerns with being rezoned from NCRA to RR. Mr. Hartley noted that the current residential districts will be reduced from eight (8) to five (5) districts. He added that the Planning Commission is proposing to eliminate all of the individual NC districts, and change their ' current designation to a comparable district. ' Supervisor Bradshaw moved that the Board direct Mr. Hartley to develop a fact sheet explaining the reclassification from NCRA to RR for use by the individual Board. members when they are questioned by citizens. The fact .sheet should also be publicized on the website. 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 requested that Mr. Hartley, in the future, ensure that drainage easements are treated in the same manner as BMPs .with respect to disclosure of the associated costs to the Homeowners Association, and that. the Association- is not responsible until the appropriate percentage of homeowners are members of the Association. He requested Mr. Hartley also begin to contemplate a way. in which Eagle Harbor homeowners can be advised that the cost of the maintenance of the drainage easements will be the responsibility of the Homeowners Association. Supervisor MacManus recommended that a Letter containing the necessary information be sent from staff to the Homeowners Association. With respect to the residents of Smith Neck Road that will become a part of the Eagle'Harbor Homeowners Association, Chairman Clark directed Mr. Hartley to .communicate with the .President of that .Homeowners Association to advise that the .cost of maintaining the drainage easements will be the Association's responsibility. in the future, and if they have questions, they should contact the developer. // - Chairman Clark called for the Parks and Recreation Report. Alan S. Nogiec, Director of Parks and Recreation, reported that the Department. of Public Works has solicited the. services of a contractor to paint the interior of the Museum, and he would recommended that the funds to accomplish this .work come from the gift shop fund balance, .which is generated through gift shop sales. 7 1 1 ~~~~ 2,2 . •fifi3 Supervisor MacManus moved -the Board approve an .allocation. of $8,500 to the museum budget from gift shop sales. 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 reminded Mr. Nogiec that: the Board is anticipating a revised parks and. recreation program to be presented to the Board at its Retreat in January, 2005. Supervisor Bradshaw commented that he would like for the Parks and Recreation Advisory Committee to meet at least. bi-monthly or monthly, and to have some sort of meeting schedule. He noted that he wanted to see more citizen involvement with the Central County Park, the renovations at Nike Park, the Hardy Park, the renovations at the Camptown facility, coordination of activities with the school system, and the Strategic Plan. He requested that Mr. Nogiec brief the Board at its Retreat on the most recent plans outlining the projects to ensure that the Strategic Plan adopted by the Board is the same as the one being used by his. department. // Chairman Clark called for the Public'Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator/Development, .stated that pursuant to the Board's previous direction is a revised Private Water System Purchase Policy as recommended by the Budget and Finance Committee. He noted that included in the agenda is a proposal from C&P/Isle of Wight Water Company should the County, desire to purchase any of those.. systems. He advised that the` Cannon Acres water system is still. pending, and he anticipates that at least. one (1) additional water system will become a~~ailable before January, 2005. He noted it is important for the County to have a uniform set. of criteria when deciding whether. or not to purchase a system., or how much to pay for such a system. Supervisor MacManus noted with respect to revenue and expenses, specifically "other income expected from the system," he would .encourage ..staff to be conservative with respect to anticipated revenue. He .noted with ~, respect to expenses, specifically "one-time capital improvement cost," some of the estimates were not conservative in the amount of potential .capital impact. He requested that when those potential .offerings come back to the ~ Board, that he would .encourage staff to be conservative to ensure that the County's welfare is being protected. i Supervisor MacManus moved the Board adopt the Resolution Adopting a Private Water System Acquisition Policy, and authorize negotiations for the acquisition of selected .private water systems. The motion 8 .~ ,_....-~,~,~~.-„-,..ww. ,,...ba„~a . .. >. ~.., .. ,..,.. --. .. ,... .. -.:.: ,. .,-....._ ~ .. _..~. ... .~,~ .,_...> ~ .. 5,..m...,,.sa...a.:.-n«w~x.,n ~a~*~a. *,~~t.zw.. .. ,.... ~., s~~a,.,:~.x~ BORK ~~ ~A'~~~~4 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 the County Administrator's report. County Administrator Caskey stated responsive to the Strategic Plan of Action, included in the agenda is a Violence in the Workplace Policy for the Board's consideration. Supervisor MacManus moved the Board adopt the Violence in the Workplace Policy, and direct staff to forward copies of the Policy to the Towns of Smithfield and Windsor for their use. 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 the need to incorporate a reference to the use of County equipment, excluding vehicular use, into the County's Policy. He recommended following. discussion, the. Board adopt the Resolution.to Establish an Equipment Use Policy contained in the agenda. Chairman Clark. requested that Mr. Rountree and Mr. Long address the following and report back to the Board: . Establishment. of a set of procedures with respect to training, specifically is it provided on an annual or one-time basis. Log keeping with respect to recording the actions taken with the training. of personnel, as well as the maintenance of equipment. Manuals should be made available and utilized by staff, as well as referenced in the Policy.... OSHA requirements should be followed, as well as safety regulations as established by OEM. Training should be documented. There should be an itemized list for each piece. of equipment and a technical procedure explaining the proper operation for each piece of equipment. Supervisor Bradshaw requested that staff bring. back a recommendation with respect to smoking, alcohol and. illegal substances. 9 .... ~.., . _ ._~. ~... ~ ~... P~:~ _. , 1 ~,1 1 oOQM 22 ;;;':'Fll,1 Supervisor Wright moved-the Board adopt the following Resolution: RESOLUTION TO ESTABLISH AN EQUIPMENT USE POLICY WHEREAS, the Board of Supervisors. of Isle of Wight County, Virginia desires to regulate the operation and use of County-owned.. equipment in order to promote the safety and wellbeing of County equipment operators; and, , WHEREAS, the proposed Equipment Use Policy establishes systematic policies and procedures regarding. the use of County-owned .equipment, NOW,. THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of .Supervisors of Isle of Wight County, Virginia, that the proposed Equipment Use Policy be adopted. 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 recalled that the Board, in the past,. has authorized a sponsorship(s) for at least one (1) individual to participate in the Leadership Isle of Wight Program. He recommended that the Board authorize. an appropriation of $775 for one (1) individual to participate in the Leadership Isle of Wight 2005 Program. Supervisor Wright moved the Board authorize a sponsorship level equivalent to one ,(1) '.participant ($775), with the Board sponsored participant(s) to be chosen by the County Administrator. The funds are to be taken from the Contingency Fund.. 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 Old Business. Mr. Hartley advised that Mr, Jones is not present to represent the following application; however, when he did arrive, Mr. Hartley would advise the Board and request that they cansider the application at that time.. 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 located at 14571 Burwells Bay Road is an expansion of a nonconforming structure. and is not permitted in accordance with Sectipn SOOlA.4 of the County Chesapeake Bay Preservation Area 10 ~~~~ ?r. '~VV Ordinance. The property is located in the Hardy Election District. (Tabled September 30, 2004) Chairman Clark moved the Board table the application of Archer L. Jones, II until the. Board's December 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. Donald T. Robertson, Assistant County AdministratorlOperations, directed the Board's attention to the Board Report contained in the agenda, which was intended to address the questions and concerns voiced by the Board at their previous meeting relative to the County Strategic Plan of Action/Objective 4.E. He stated his item would be further discussed at the Board's Retreat in January, 2005. Supervisor Bradshaw requested the Director of Tourism have more coordination with the various communities. He recommended Ms. Woolley get involved with the Town of Windsor's July 4t" event, which is heavily attended by people from all over, He noted the Zuni community has its own Community Day entitled "A Day in the Country"; there is a Christmas parade held in downtown :Zuni; the Carrsville community holds a Community Day through Pulaski Baptist Church on the July 4i" weekend; and, that the Camptown community has, in the past, held a Community Day. He stated both Smithfield and Windsor have huge baseball. associations in the .County, which bring in people .from all over Hampton Roads, and that there are numerous recreational activities held for the youth in the County, to include soccer events and the skate board park at Nike Park. He noted various Homeowners Associations hold activities, such as the Parade of Homes, and that participation in these events would generate tourism in the southern. end of the County. He offered to provide staff with names of contacts for those events. He stated the Board is looking to the future with respect to the Strategic Plan, to include how the County will be involved, how it will beat the forefront, and how it can be an instrumental part of the 2007 celebration. He referred to the Lawnes Creek Development and noted that it .should be .marketed for its historical value. Supervisor MacManus noted that the County's Strategic Plan of Action seeks a 50% annual increase in tourism to -bring the .County up to a 400% level in the 2007 timeframe. He stated he is looking fora 50% increase, not the 3% to 5% indicated by staff. He noted that in the calendar of events for 2005 has no events scheduled in the County for. three. (3) weekends in April; two. (2) weekends in May; four (4) weekends in June; three (3) weekends in July; four (4) weekends in August; .and, three (3) weekends in September. He noted the Tourism Department's basic job function is to be working irr ...conjunction with -the various community organizations and proactively encouraging them to utilize these weekends to bring in tourists. He noted that the calendar does not acknowledge the Farmer's Market, which attracts 11 ~~~ ~, ..n~. _. _,.. ,_ . _ ._.~ .. _ ~ . ,_. _ _. 1 approximately 500-1;000 people to the Town of Smithfield. He noted that there is also no mention of Hog-jog, Souper Saturday and Chamber Day, all of which are events. that bring many visitors into. the County. He stated that "Dirt to Diamonds" is a citizen group initiative that should be marketed to the public by Tourism. He. stated that he expects the Tourism Department to exhibit a strong initiative in .delivering products, that it become a Department that is heard about and complimented for a job. well done in promoting the Towns of Smithfield and Windsor, and the County. He stated the Director of Tourism's initial response with respect to the lack of a hotel is not acceptable to him, and he wants to see the Director of Tourism exhibit a strong initiative at the Board's Retreat that represents a significant growth factor. He stated the Department of Tourism should also. help promote .the initiatives of citizens so that they will, in turn, be successful Chairman Clark noted :that he would like to see a "can do" attitude versus a "can't do" attitude. Supervisor MacManus noted that the Board has already taken action on what they expect to receive in a report from the Director of Tourism at the Retreat, but they wanted to provide further clarification on their expectations, as expressed above. 1 Supervisor Bradby responded to the comments. offered by Albert Burckard earlier in the meeting under Citizens Comments. He stated that he believed that moving the historic African American schoolhouse to the Town of Smithfield fore the purpose of .attracting tourists during the 2007 Jamestown event could be one of the greatest things to ever happen to this County. He commented that he has been elected by the citizens of the .County to represent all. of the citizens, and not just those of a particular ethnic group. County Administrator Casket' stated as a result of a request from Grace Keen for the placement and naming of benches to be ocated in the front of the Courthouse, staff has developed a proposed Policy and Resolution for the Dedication of County Property for the Board's consideration. Supervisor Bradshaw moved the Board table consideration of the Policy and Resolution until the Board's Retreat in January, .2005 to allow the Board an opportunity to review the issue thoroughly. This matter is to be brought back to the Board under.. Qld Business following the Retreat. 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. Nogiec addressed the Board concerning the need for a user fee for non-Isle of Wight County residents to utilize the Tyler's Beach Boat Harbor. He proposed a $SOO annual fee, and a prorated. fee of $250 for applicants who 12 9Q~R 22 %~~'lJi1~ apply after July l st through December 31St of each year. He noted. that the fee would not. apply to users. of the boat ramp, Chairman Clark moved the Board approve the user fee agreement and authorize the Department of Parks- and Recreation to implement the fee effective January 1, 2005. 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. With respect to the preliminary subdivisionplat of Eagle Harbor, Tract 2, Phase SB, property of Eagle Harbor. LLC, Carrollton Boulevard (Route 17), Newport Magisterial District, which was tabled at the Board's September 30, 2004 meeting, Mr. Rogers noted staff has addressed the issues presented by the Board at that meeting.. .Supervisor MacManus clarified that his real concern was not with the islands being located in the cul-de-sacs, but that of the County's ownership of the islands in the cul-de-sacs. Mr. Rogers advised that the .islands would be dedicated to the Homeowner's Association, along with the drainage easements. He noted there would still be a County. utility easement. County Attorney Stroman noted that a utility easement is not a burden in the same way that a drainage easement is a burden. Dean Vincent advised that VDOT wanted a drainage easement over the parcel to be dedicated to the County. He stated that he finds no .reason whatsoever to have it, and he has no problem with removing it from the plat. Supervisor MacManus asked with respect to .the ongoing drainage problem on Route 17 that Mr. Cassell has reported, who .would be responsible for performing the improvements to the piping on Route 17, if required. Mr. Vincent replied that he is going to meet with 'Mr. Cassell and representatives of VDOT next week and will run a drainage model which will identify what size pipe is needed in order to handle the_overflow adequately. He noted that following that .meeting, he would request a meeting with County staff and others to disclose the. results of the model. He noted. if it is determined that the existing pipe. is inadequate, VDOT will be responsible for correcting the problem. Supervisor MacManus noted that in addition to the existing pipe appearing to be undersized, the- overflow problem may also be related to some of-the development in the Eagle Harbor Subdivision, as the drainage flow appears to be getting worse. 13 ,.,.~,.~,.~ ~.x....5,..~... ......_... _ .. ~ . _ _ _. _ .. _ .. _ ._. ._. , ., .. . r z,__.. . _~_ ~~ =~..~ _.. _. ~.,,~~ ` 669 Supervisor Bradshaw acknowledged the efforts of Mr. Dean to help investigate and solve the overflow problem. 1 County Administrator Caskey noted that VDOT has a new District Administrator for the Suffolk District, and the Board could address this issue with him when he is introduced to the Board at a future meeting. Chairman Clark indicated he would like fore County Administrator Caskey to invite the District Administratof to address the Board as soon as his schedule permits. Chairman Clark recommended that staff invite .Commonwealth Transportation Board member, Helen Dragas, to speak to .the Board in early. January, 2005. r-~ I Supervisor Bradshaw moved. that -the Board approve the preliminary subdivision plat of Eagle Harbor, Tract 2, Phase SB,. property of Eagle Harbor. LLC, Carrollton Boulevard (Route 17), Newport Magisterial District (Tabled September. 30, 2004); the preliminary subdivision pl-af of Eagle Harbor, Tract 2, Phase 6, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial District (Tabled September 30, 2004); and, the Subdivision. Plat of Founder's .Pointe, Phase 2, Sugar Hill Road, Route 661, Newport Magisterial District (Tabled September 30, 2004), listed under Old Business.. 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. Robertson- updated the Board on the HOME Program. He stated pursuant to the Board's direction, staff has corresponded with HUD, and this information is included in the information :provided to the Board, as well as the previous correspondence from HUD and the responses. from the City of Suffolk, He -noted that the November Z, 2004: correspondence included information that the County provided to assist with that response.. Mr. Hartley noted the arrival of Archer L. Jones, IL Chairman Clark moved, and the motion was adopted unanimously (5- 0),.that the Board amend the order of the agenda in order to consider the following application: 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_ located at 14571 Burwells Bay Raad is an expansion of a nonconforming structure and. is not permitted in accordance with Section SOOlA.4 of the County Chesapeake Bay Preservation Area. Ordinance. ..~~.~.~.,.~.r.,~:~~ ..:.~,,.,.~..._,,v...,.. _.. _..._, ._,..,_. _ Mr. Hartley reminded the .Board that they had considered this application on September 2, 2004, and directed. staff to communicate with the Chesapeake Bay Local Assistance Department (CBLAD). He referred to CBLAD's comments in the agenda and reiterated .that the Board keep in mind that when administrative appeals are involved,. the issue is not just an application on a specific issue, but a precedent that would apply to all similar situations in the future.. Chairman Clark commented if the Board approves Mr. Jones' application, the .Board would be changing the .method in which the Ordinance is applied in the future, whereas if an applicant applies for an exception to the Ordinance, it would not diminish the authority of the Zoning Administrator. County Attorney Stroman advised the Board that the .question is whether or not the proposed deck added to the front of a structure is or is not redevelopment. Archer L. Jones, II, requested that the Board keep in mind that the reason he is present today is because the cottage was destroyed by a hurricane. Supervisor Bradby noted that.. he understood the reason .behind certain regulations being required of localities; however, he is sympathetic to Mr. Jones having the opportunity to do what needs to be done to repair the site. Supervisor Bradshaw pointed out that if Mr. Jones did not .have the option of proceeding with requesting an exception, he would also be concerned, but he did. not want to overrule the authority. of the Zoning Administrator or go against the recommendation of CBLAD. Supervisor MacManus moved the Board deny the application noting. that approval of the application would be contrary to CBLAD's determination, and would change the method in which Mr. Hartley interprets the Ordinance in future applications. 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 New Business. County Administrator Caskey presented a request from Little Zion Baptist Church that the Board adopt a resolution in recognition of the installation. of Reverend Melvin T. Blackwell.. Supervisor Bradby moved the Board adopt the following Resolutions RESOLUTION IN RECOGNITION OF THE 15 1 INSTALLATION OF REVEREND MELVIN T. BLACKWELL WHEREAS, Little Zion Baptist Church has had a significant presence in the community and a positive impact on the quality of life of the citizens in Isle of Wight County since the late 1800's; and, WHEREAS, Little Zion Baptist Church recently extended a call to .Reverend Melvin T. Blackwell to serve as its Pastor-Elect; and, WHEREAS, Reverend Melvin T. Blackwell will be officially installed as the Pastor of Little ZionBaptist Church on November 21, 2004; and, ' WHEREAS, the Board of Supervisors wishes to welcome Pastor Blackwell to the community and to recognize thin sacred milestone in the history of Little Zion Baptist Church. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its recognition of the installation of Reverend Melvin T. Blackwell as Pastor of Little Zion Baptist Church. The motion was adopted by a vote of (~-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in -favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus notified the Board that he had received a request from Jason Peters to place certain birdhouses and a plaque at Riverside Park in Smithfield in conjunction with his Eagle Scout project. Supervisor MacManus moved the Board direct staff to work with Jason Peters so that he can achieve his Eagle Scout award. 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 notified the Board that the Soteria Christian Center in Smithfield has contacted him with..respect to that organization receiving property tax relief for its facility. He noted that since the General Assembly. needs to consider .the request, he would request that staff provide the necessary support to the.. Soteria Christian Center to assist with their request. . County Attorney Stroman advised of a change in the law in one of the. recent sessions of the. General Assembly to delegate that power to the local government. Supervisor MacManus moved the Board direct staff to investigate: and address what can the County can do to provide tax relief, and in the interim, 16 ...,. contact them to advise that the County is working on it, include a timetable, advise that the General Assembly is no longer involved, and that thematter can be handled here. locally. 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 notified the Board that. the 2005 VACo/VML Day is scheduled to fall on the same date as the .Board's first meeting in February, and that staff should take .that into consideration when preparing the Board's calendar for nextyear. He requested that Mr. Caskey and Mr. Robertson check into the registration information, which he understands. is being. published at this time. Supervisor Bradshaw advised that the Law Enforcement Committee of the Board, consisting of Chairman Clark and himself, recently met with the Sheriff who requested that strong consideration be given to inclusion of the Sheriff's Office in the Pay and Classification Plan of the County. Supervisor Bradshaw moved the Board direct staff to meet with Sheriff Phelps to discuss the possibility of the Sheriff's Department coming into the County's Pay and Classification Plan. 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 advised that during the same Law Enforcement Committee meeting, the Sheriff advised that he is requesting the County's assistance in seeking legislative support from the General Assembly with respect to the LEO Program, a retirement program designed for deputies. Supervisor Bradshaw. moved the Board direct .staff to meet with the Sheriff with respect to the LEO Program to prepare the necessary legislative information needed to show the County's. support for that program. 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. With respect to the .comments .offered by Albert Burckard under. Citizens Comments, Supervisor Bradshaw advised that there is also a Rosenwald home located in Carrsville, and that it is in better shape than the home being moved from the Windsor District. Supervisor Bradshaw moved that the Board direct staff to review the possibility of acquiring the Rosenwald home that is located in Carrsville, and to restore the home as a historical site. 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. 17 1 i ?9~r. 2~ - U7~ Supervisor Bradshaw requested that Mr. Childress, in his capacity as Director of Emergency Management, capitalize on the grant process. He noted that Sussex County receives a new truck :annually through the grant program. He further noted that each department in Sussex County applies for grant funding and receives funding. He pointed out if Sussex County is able to secure funding through the grant .process, the County should be able to receive funding as well. Mr. Childress explained that it is not common for departments to acquire apparatus. through the .fire grants, and none of the County's departments have received a grant this year. He stated that the Sussex. County Board of Supervisors does not provide .the amount of support that this County provides its .fire and.. rescue organizations. He stated because.. Sussex County is in a different rural classification, there is more opportunity for it to receive funding.. Chairman Clark requested that Mr. Childress educate the Board in early. January, 2005 as to the specifics of how a locality qualifies for fire and rescue grants. Chairman Clark requested that County Attorney Stroman communicate with the law firms that are soliciting Southeastern Public Service Authority (SPSA} propaganda that he .prefers that those matters that are being forwarded to him currently be sent directly to .the County Attorney as opposed to the Chairman of the Board of Supervisors. Supervisor MacManus reported that SPSA held an emergency meeting today to resolve the issue of John Holland, a C&D contractor, who was suggesting that SPSA prices were inappropriate and below cost. He noted that the SPSA Board has concluded that the prices were appropriate and legal counsel advised. that Mr. Holland had no legal basis for his claim. He .reported that SPSA did approve today. the rate of $6.50 per cubic yard for C&D waste. // Chairman Clark called for Appointments.. Supervisor Wright moved the Board reappoint Mary J. Eley to serve on the Senior Services of Southeastern Virginia. The motion was adopted. unanimously (4-0). Supervisor MacManus was absent for the vote. Supervisor Bradshaw moved the Board appoint Dave Hawkins to serve , as the service provider representative on the County's behalf on the Community Policy and Management Tearn. The motion. was adopted unanimously (4-0). Supervisor MacManus was absent for.the vote. 18 Supervisor Bradshaw moved the Board reappoint Donald T. Robertson to serve on the Western Tidewater Community Mental Health and Retardation Services Board (Chapter 10). The .motion .was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct staff to review and make a recommendation to the Board on an appropriate staff member to serve in K place of Supervisor Bradby, who is no longer eligible to serve on the Senior Services of Southeastern Virginia. The motion was adopted unanimously (5- 0). // County Attorney Stroman requested a Closed Meeting to discuss a matter pursuant to the Freedom of Information Act, specifically Section 2.2- 3711.A.1 to discuss and consider specifically the evaluation of appointees of the Board; under Section 2.2-3711.A.7 involving a matter requiring consultation with legal counsel and briefing by staff members pertaining to .:.actual litigation for water and sewer connection fees; and, under Section 2.2- 3711.A.5 concerning a matter pertaining to legal advice in connection with the County's proposed Purchase of Developments Rights Ordinance. Supervisor Bradshaw moved the Board enter .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. Supervisor Bradshaw .moved the Berard return to open 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. Supervisor Bradshaw moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has. convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE,. BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements.. by Virginia law were discussed in the closed meeting to which this certification 19 1 i , 1 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 ~ p ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the Closed Meeting. // At 8:30 p.m., Supervisor Bradby moved the Board adjourn its meeting. The motion was adopted unanimously (5-0). ~i- Stan D. Clark, Chairman W. Douglas ask ,Clerk 20 , _...~~a-.•Hyy~OMt~R.wrVP,+ ..,~,nn3vKMUts.S.e. .. ..mow..,..,.-•~. ,.. ... . ... ...,:..-»-. . .. .... ... ....i...~ ... ~- .. r .'v .. i ,.... ~ . .. ... _ ~. - .. .~~ , _ ..~ . r - ~61cM<lW"T"'t]w?!+~CC:KK