Loading...
01-20-2005 Regular Meeting~BbC~ ~~ rw~ .~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF .JANUARY IN THE -YEAR TWO THOUSAND AND FIVE PRESENT: Stan D. Clark, Chairman Phillip A, Bradshaw, Vice-Chairman .Henry H. Bradby. Thomas J. Wright, III Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary " Chairman Clark called the meeting to order at 6:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. J/ Chairman .MacManus opened the floor for nominations for Chairman for the year 2005. Supervisor MacManus nominated Supervisor Bradshaw as Chairman of the Board for the year 2005. Supervisor Bradshaw was unanimously elected as Chairman of theBoard for the year 2005. Chairman Bradshaw thanked .the Board for allowing him the. .opportunity to serve. as Chairman. He opened the floor for nominations for Vice-Chairman for the year 2005. t Supervisor Bradby nominated Supervisor Wright as Vice- Chairman of the Board for the year ~ 2005. Supervisor Wright was unanimously elected as Vice-Chairman of the Board for 2005. i Chairman Bradshaw opened. the floor. for appointment of Clerk to the Board for the year 2005. 1 .. eoor ~~ ;~.~ ~4 . Supervisor MacManus moved the Board appoint W. Douglas Caskey as Clerk to the Board for the year 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. Chairman Clark opened the floor for .appointment of the. Recording Secretary for. the year 2005. Supervisor MacManus moved the Board appoint. Carey Mills .Storm as its Recording Secretary for the year 200.5. 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 Chairman Bradshaw requested the Board set its meeting schedule for calendar. year 2005. Noting aconflict -with the VACo/VML Legislative Day, Supervisor MacManus suggested that the. first meeting in February be held on Tuesday, February 8, 2005 at 4:00 p.m. Noting conflicts with his calendar, he requested .the Board's consideration in changing the .Thursday, March 3, 2005 meeting to .Monday, .March 7, 2005, and the. Thursday, March 4, 2005 meeting to Monday, August 8, 2005. He noted. that the NACo Conference is scheduled far July 21, 2005, and may also be a conflict. for any member wanting to attend. Supervisor Wright noted a conflict with the Thursday, June 2, 2005 meeting, and requested the Board's consideration irr .rescheduling that meeting to Tuesday, May 31, 2005. Supervisor Clark moved the. Board: adopt the following regular meeting dates and times for calendar year 2005: Thursday, January 20`" at 6:.00 pm. Tuesday, February 8`h at 4:00 p.m. Thursday, February 17`" at .6:00 p.m. Monday, March 7`" at 4:00 p.m. Thursday, March 17`" at 6:00 p.m. * Thursday, April 7`" at 4:00 p.m. Thursday, April 2151 at 6:00 p.m. Thursday, May 5`" at 4:00 p.m. Thursday, May 19`" at 6:00 p.m. Tuesday, May 31st at 4:00 p.m. ..Thursday, June 16`" at 6:00 p.m. * Thursday, July 7`" at 4:00 p.m. Thursday, July 215` at 6:00 p.m. * Monday, August 8`" at 4:00 p.m. Thursday, August 18`" at 6:00 p.m. 2 II 1 Thursday, September 1st at 4:00 p.m. Thursday, September 15`'' at 6:00 p.m. * Thursday, October 6"' at 4:00 p.m. Thursday, October. 20`" at 6:00 p.m. Thursday, November 3`d at 4:00 p.m. Thursday, November 17`'' at 6:Q0 p.m. Thursday, December 1 sc at 4:00 p.m. Thursday, December 15``' at 6:00 p.m. * Advertised public hearings will be scheduled at 7:00 p.m. on these regular meeting dates. 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 Bradshaw called for consideration of appointments to .the committees of theBoard for 2005. Supervisor MacManus noted that the Fluoride .Committee is no longer needed, as well as the Investment Committee, and Cablevision Committee. The Board noted that the Fluoride Committee, the .Investment Committee and the Cablevision Committee are no longer needed, and made the following .adjustments to its committees for calendar year 2005: BUDGET :AND .FINANCE/CIP COMMITTEE Richard K. MacManus Phillip A~ Bradshaw BUILDING & GROUNDS COMMITTEE Stan D. Clark - Thomas J. Wright, III PERSONNEL COMMITTEE Phillip A. Bradshaw .Henry H. Bradby PARKS & RECREATION COMMITTEE Henry H. Bradby Stan D. Clark INTERGOVERNMENTAL RELATIONS COMMITTEE Thomas 7. Wright, III Richard K. MacManus 3 - ~ ! ~~ J'~ ~ ^ ~~ .FRANKLIN COMMITTEE Phillip A. Bradshaw Thomas J. Wright, III LAW ENFORCEMENT. COMMITTEE Phillip A. Bradshaw. Stan D. Clark // Chairman Clark called for approval of the agenda. .The County Attorney requested that. the following amendments be made to the agenda: Add an item to appoint Donald T. Robertson, Assistant County Administrator/Operations as Acting Clerk in the absence of County Administrator Casket'. Under Consent Agenda, .remove Item (H) December 16, 2004 Continued Meeting Minutes. Under Old Business, add Item (D), a Board Report entitled "Convenience Centers and Unexpended Capital Funds-Refuse ' Containers." Under New Business, add Item (A), a matter pertaining to Charter. Communications. Under the Closed Meeting, add one (1) additional .personnel matter, for a total of two (2) personnel matters, for discussion pursuant to Section 2.2-3711.A.1 of the Freedom of Information Act. Supervisor Clark. moved that the Board appoint Donald T. Robertson, Assistant County Administrator/Operations as Acting Clerk in the. absence of County Administrator Casket'. 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 Bradby moved than 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. // 4 ..... 1 1 1 1 ~ - ~~o~orr ~ ~~ .~~ Chairman Clark indicated the Consent Agenda included the following items: A. Resolution to Reserve $500,000 for a Purchase of Development Rights Program B. Resolution to Appropriate $910,391 in Revenue Sharing Funds from the General Fund Reserve Fund. Balance C. Address Conflict - Wrenn's Mill Subdivision D. DEQ/Public Notices dated December 13, 2004 and December 27, 2004 E. Planning Commission Action List of December 28, 2004 F. Resolution for Acceptance of Streets into the. State Secondary Road System, Wrenn's Mill Estates, Section 4-B, C, D G. Delinquent Real Estate Tax Collection Monthly Report H. December 16, 2004 Continued Meeting Minutes Chairman Clark. asked if there were any items for removal. Supervisor MacManus moved that Items (A), (B) and (F) .listed above be removed from the. Consent Agenda for further discussion. (Item (H) was removed during Approval of the Agenda). 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 moved that the remaining items in the Consent Agenda be approved.. 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 moved the Board approve Item (A), per his amendment to revise in the ..Resolution to designate the purchase of development rights for agricultural and silvicultural purposes 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. Supervisor MacManus moved that the Board approve Item (B), as provided. 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. 5 ii Supervisor ~MacManus moved that the Board approve Item (F), as presented. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Transportation Matters..... ' Mr. Sandon Rogers, Transportation Planner, requested the Boazd's direction with regard to participation in the VDOT Revenue Sharing Program for Fiscal Year 2005-2006. Supervisor MacManus moved that the Board endorse the County's intent to participate in the Revenue Sharing Program in a local match amount of $500,000, and that. staff be directed to coordinate with VDOT on establishing~a preliminary priority project list that incorporates the .interests of the Town of 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. . Mr. Rogers referred to the VDOT responses contained in the agenda with respect to County action items through the month of December,' 2004.. He inquired if the Board had any comments on the listed projects. With respect to the James River Bridge and an advance warning system, Mr. Rogers advised Supervisor MacManus that better communication between the bridge tender and VDOT personnel at the area headquarters in an effort to begin rerouting traffic as soon as possible is one (1) short-term solution that VDOT has indicated it is willing to initiate. Supervisor MacManus requested that Mr. Rogers invite the VDOT individual in charge of tunnels and bridges, as well as the VDOT District representative, to address the Board, and that they be prepared to offer a simple near-term solution to keep motorists from being stuck on the James River Bridge. Supervisor Wright inquired about the emergency lights in the Town of Windsor for rescue purposes. Mr. Rogers informed Supervisor Wright that he is currently working on setting up a meeting. Supervisor Wright referred to a problem. on Routes 258/32/10 at Benn's Church, specifically motorists who aze traveling from Smithfield towazd Suffolk who turn diagonally- into the Benn's Church parking lot in an attempt to beat the red light and thereby cut the motoristsoff from the Suffolk side. 6 ~i 1 ~~ ,a 1 1 80~K 2J ;` ;r ~J He recommended a "No U Turn" sign be installed, or that VDOT use the shoulder of the roadway to create adouble-lane left turn. Mr. Rogers. stated that VDOT previously performed a study to determine the feasibility of adding.a split/shared lane; however, it was cost prohibitive.. He stated that he would continue to work with VDOT in an attempt to find a solution. He noted it is against the law for motorists to do that, and it may be a law enforcement matter. Supervisor Bradshaw noted that Duck Town Road is being advertised for a third time. He inquired if Mr. Rogers knew the reason why bids were not be received on the project. Mr. Rogers advised that only one (1) bid was received last time, and he did not know .the reason. that contractors have not been bidding on the project. Supervisor Clark inquired about the status of the .drainage problems at Kings Cove Way.. Responding to Supervisor Clark, Mr. Rogers advised that the final letter is being prepared, which will be delivered to VDOT within the week. // Chairman Clark called for Citizen's Comments. Lewis R. Harris of 4664 Old Stage Highway, and Earnest B. Poole of 8621 Colonial Trail in Surry, expressed concern with the $500 fee charged to individuals who. do not reside in the County, and who use Tyler's Beach Boat Harbor. He advised that Mr. Poole sh®uld not be charged a fee as he has paid for all electrical power used at .the harbor since 1987. Messrs. R. Byrd, Rodney Bennett and Richard Brown joined. Mr. Harris and Mr. Poole at the podium in a show of support for Messrs. Harris' and Poole's concerns. Supervisor Clark moved that the Board direct Mr. Robertson and staff to meet with the above individuals, clarify .the issue, and bring back a proposal to resolve the matter. 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. Supervisor Clark .also moved that staff be directed to not take any action against any of the watermen who moor their boats at Tyler's Beach until a report is provided back to 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. i 7 eooK 23 ' .. ~0 Mitchell Wilcox of 12196 Red House Road in Windsor made reference to Item (G) under the :County Administrator's report. He presented a request of Design Engineering Services to use Route 17 as the front of the lot for setback purposes because the building faces Route 17 and the entrance is from Route 17. ~ He also requested -that corner lot restrictions .under the Ordinance not be strictly adhered to because Butterfield Lane can not be used. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman presented a contract for repair of the Tyler's Beach Boat Harbor pier for the Board's consideration. Supervisor MacManus inquired when the project is anticipated to be . complete. Andrea Clontz, Accounting Manager, answered approximately. 120 days. Supervisor Clark moved that the Board authorize the Chairman to enter into the Agreement on behalf of the 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. County Attorney Stroman presented the f rst amendment to the Reciprocal Land for Tower Space Agreement between the Board of Supervisors and American Tower, which will allow for improved technology. Supervisor Wright moved that the Board authorize the Chairman on behalf of~ the County to execute the amendment which provides for a complete inventory of equipment upgrades. 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 presented a supplement to .the Agreement between the Isle of Wight County Board of Supervisors and OSSI, which will allow for astand-alone records management system to be included in the Sheriff s Office. •e Supervisor Clark moved that the Board authorize the Chairman on behalf of the County to execute the amendment for the implementation of the stand-alone records management system to be included in the Sheriff s Office. The motion was adopted by a vote of (5-0) with Supervisors 8 1 1 1 90~tt ~~ ~~ MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With. respect to the issue of ambulance billing, County Attorney Stroman advised that: there needs to be additional discussion with staff regarding specific decisions to be made by the Boazd regarding disposition of funds. He noted that staff would come back to the Board with a report at the Board's February 8, 2005 meeting. Following a recommendation by County Attorney Stroman, Supervisor Clark moved the Board direct, the County Attorney to advertise for public hearing the proposed Ambulance Transportation Fees Ordinance with the following changes for the Board's February 17, 2005 meeting: Variations in fee levels based on the consultant's recommendations, and that the ground transportation mileage is $8.25 per mile. Staff will be reporting back to the Board regarding specific decisions that need to be made concerning the disposition of funds at .the Board's February $, 2005 meeting. The motion was adapted 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 confirmation ,that the County is staying at the same level as neighboring communities. Desponding to Supervisor Clark, Richard O. Childress, Director of Emergency Management,. clarified for the public that insurance companies, Medicaze and Medicaid would be billed directly for those persons for whom the County has the correct insurance information. County Attorney Stroman presented the COVA contract with Verizon which allows the County to realize a savings .that the State has already successfully negotiated in the telecommunications area. Supervisor Clark moved. the Board approve the contract with Verizon to take advantage. of service discounts provided under the established State contract with Verizon. 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 advised that due to a change in recent law, the Code of .Virginia now requires that between one (1) and three (3) alternates be specified to serve on the Wetlands Boazd. He further advised that members of the Wetland Board have expressed the desire that they need only one (1) alternate. County Attorney Stroman offered to change the bylaws, and Mr. Robertson is to place the matter on .the Appointments Page far the Board's February 8, 2005 meeting. 9 s go~K 23 ..~ ~~ .County Attorney Stroman noted there would be two (2) matters for discussion in closed meeting .:pursuant to Section, 2.2-3711.A.1 of the Freedom of Information Act. // Chairman Bradshaw called for .the County Administrator's report. Mr. Robertson presented a Resolution to Authorize the Submission of a Grant Application to the Best Initiative and to Accept and Appropriate Grant and Donated Funds for Youth Worker Training for the Board's consideration. Supervisor MacManus moved that the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE BEST INIATIVE AND TO ACCEPT AND APPROPRIATE GRANT AND DONATED FUNDS FOR YOUTH WORKER TRAINING WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submission for grant funding from the Alternatives, Inc, for youth worker training; and, WHEREAS, the training identified in the .grant application will benefit the Department of Parks -and Recreation in the County of Isle of Wight through the training of employees; and, WHEREAS, grant funds in the amount of three thousand dollars ($3,000) to be received from Alternative, Inc. need to be accepted and appropriated to the appropriate line items in the FY2004-05 Operating Budget of the County of Isle of Wight, Virginia. NOW, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginiathat three thousand dollars ($3,000), or so much as shall be received from .Alternative, Inc. be appropriated in the FY2004-OS Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in .the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-0) .with Supervisors MacManus, Bradby, Bradshaw .and Wright voting in favor of the motion; no 10 1 Supervisors voting .against the .motion; and, Supervisor Clark absent for the vote. Mr. Robertson presented the proposed schedule :for review of the Zoning Ordinance for the Board's consideration: Chairman Bradshaw noted the absence of Supervisor Clark,. and suggested the schedule be moved down on the agenda until Supervisor Clark's arrival Mr. Robertson presented a .change. order .for the Administration .Building constructiorJrenovation for the Board's consideration. Supervisor MacManus.moved the Board authorize the Chairman to execute the change order. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the. motion; and, Supervisor Clark absent for the vote. . // At 7:00 p.m., Supervisor Bradby moved the Board amend the regular order of the agenda in order to cohduct the public. hearings. The motion was adopted. by a vote of (4-0) with Supervisors MacManus, .Bradby, Bradshaw and Wright votingin favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the voter // Chairman Bradshaw. called for a public. hearing on the following: A. The application of Michael V. and. Catherine S. Edwards for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional-General Commercial (C-GC) ~~ of approximately 32,200 square feet of land located at 18339 Bob ' White Road in the Windsor Election District. The purpose of the application is for motor vehicle. repair and maintenance, not including bodywork. Mr. Hartley advised that the .Planning .Commission recommended approval of the application to the Board by a (10-0) vote, with the proffers as amended by the applicants® He further advised that the matter was properly advertised. by staff, and that he had distributed a letter from Mary Griffin -in support of .the application, as well- as a letter .from Bobby Edwards in opposition to the application, o the; Board .prior to the opening of the public hearing. 11 ,.. BON. ~•~ ~~ Chairman Bradshaw called for persons to speak in .favor of, or in opposition to, the proposed application. William Riddick, Attorney, representing the applicants, stated the applicant has been in business for sixteen (16) years and conducts an operation that is of tremendous service and value to the community. He stated the. applicants were unaware. that their operation was in violation until it was brought to their attention by a County official. He advised that the applicants have revised their proffers, as suggested by the County Attorney and the Director of Planning and Zoning. He stated a favorable decision by the Board. tonight would not do anything to change the .nature of the operation or the neighborhood; however, a negative. decision would have a negative impact on that community. Bobby R. Edwards, 18335 Bob White Road, stated the reason. for his appearance is to ensure that the rules and regulations are the same for. everyone who lives in the County. . Joseph L. Edwards, 15076 Courthouse Highway, stated the applicant is a dedicated worker, and an asset to the community. John T. Butler, Jr., 15654.Woodland Drive, stated the applicant runs a good shop, comes from a good family, and provides a needed service to the community. Glen Music, 15534 Carrollton :Bridge Road, stated this is a family matter that has developed into a community issue. He stated the applicant is an .asset to the community, and. provides excellent mechanical services.. He stated Mr. Edwards is fair, dependable and honest. Dwight Doggett, Jr., 12452 Red House Road, stated he is friends .with both the applicant and his brother. He stated he is a business associate of Mr. Edwards with whom he has along-standing business relationship. He stated he is also speaking on behalf of the Isle of Wight Academy, for which Mr. Edwards provides the sole bus maintenance. He stated something is wrong with. a process by which a man who is born within walking distance of the Courthouse some fifty (50) years ago; who lives and- works in the County; pays his taxes; has a County business .license; and, yet must come the Board of Supervisors. to decide whether or not he can remain in business. He stated County ordinances must not take the. place of common sense .and good judgement. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby stated he was amazed to see how well-maintained Mr. Edwards keeps his business. He stated to see so many people present. 12 Supervisor Clark stated when a parcel is out of compliance with the Zoning Ordinance, this is the correct procedure to follow. He stated. this is a successful process that works all over the County,. and if there is not. a zoning process in place that is fair to everyone, then. there is disorganization in the County. 98~r 2~ :. tonight in support of the application speaks well. of Mr. Edwards, and he has no problem. supporting the application. I', , 1 Chairman Bradshaw stated that it is imperative that the Zoning Ordinance is reviewed with respect to how it is applied to small businesses., He stated the purpose of the Ordinance is not to drive amall businesses out of the County, but. to encourage and help them. prosper. He encouraged those in attendance to write a letter to each Board member stating their position on the ordinance with respect to small businesses, and that they request the Board to take into consideration the needs of these businesses, and how helpful they are'to the County, Supervisor MacManus stated by approving the application, the Board can address this administrative issue, but it can not solve the greater problem of a split family. He asked the community to work towards bringing the brothers back together as a family. Supervisor Wright. moved that the Board approve the application of Michael V. and Catherine S. Edwards, 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 Bradshaw called for a public, hearing on the following: B. The application of Smithfield Downs, LLC, Gerald E. LaBoone, Gloria C. LaBoone and HHJV, LLC fore a .change. in zoning classification from Rural Agricultural Conservation (RAC) to Planned Development- Mixed-Use (PD-MX) and a Special Use Permit for a Traditional. Neighborhood Development. (TND) of 128+ acres of land. Said properties are located on the .north side of Brewer's Neck Boulevard (Route 258} and east of Benn's Church Boulevard (Route 10) in the Newport Election District. County Attorney Stroman advised that the Planning Commission recommended denial to the Board with a request that the matter be referred back to the Planning Commission for additional discussion. Mr. Hartley advised that the Planning Commission would. welcome any feedback from the Board on the .application. Chairman Bradshaw called for persons: to- speak in favor of, or in opposition to, the proposed application. Brandon Currence, Architect, representing the developer, offered to give the Board. a full presentation following the return of .the application to the Planning Commission. Thomas Finderson, resident of the .Newport District, stated he would return with his comments following .the .return of the application to the Planning Commission. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor MacManus commented that it is becoming a tradition that the development community has been submitting a set of proffers different from those originally submitted to the Planning Commission. He encouraged the applicant to offer his best and final. proffers at the Planning Commission level. He further encouraged the applicant to listen to the comments relayed by the Commission .members and act accordingly, as the Board will be looking to ensure that all concerns are addressed. He stated that there are soft conditions for the age-restricted residential units, and he would encourage the applicant to ensure that the County is protected against the impact of that community. Supervisor Clark moved the Board send the application of Smithfield Downs, LLC, Gerald E. LaBoone, Gloria C. LaBoone and HHJV, LLC back to the Planning Commission, keeping in mind the comments provided. by Supervisor MacManus above,. and that a public hearing be held at the expense. of the 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... Chairman Bradshaw. called for a public hearing on the following: G Renewal of Skating Rink Lease Agreement County Attorney Stroman stated the lease provides for a five (5) year renewal. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed Agreement. Alan S. Nogiec, Director of Planning and Zoning, spoke on behalf of Raymond Gary Askew, who could not be present. He offered. to answer any questions that the Board may have, 14 .. _, _~. _ ~. __~...P .:. . J 1 1 . ~a~~~ ~~ Chairman Bradshaw closed the public hearing anct caiieu ~~~ .,,,~~~~.~,,..~~ from the Board. Supervisor Clark moved the Board approve the renewal of the skating. rink lease agreement with Raymond Gary Askew for the sum of $250 per month, with. the provision that .the lease may be renegotiated for successive five (5) year terms. The motion was adopted by a vote of (5-0} with Supervisors MacVlanus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following:. D. .Ordinance to Permit the Placing of "No Through Trucks" Signs on the County-owned Road Known as Yellow Rock Road. County Attorney Stroman advised that the matter has been duly advertised with the wording in Section 11-53 to reflect that the Ordinance is enforceable by the Sheriff's Office, Deputy Sheriff's, and all police officers with the authority to enforce traffic laws within the County. Chairman Bradshaw called for persons to speak in .favor of, or in opposition to, the proposed Ordinance. Ed Easter of Hideaway Lane, spoke in favor of restricting the traffic on Yellow Rock Road ..which has experienced extensive damage from heavy trucks that are hauling ..materials into Macklesfield for the building of new homes. He presented a letter from Carl. and Marilyn Hill, also in favor of the Ordinance. He stated none of the residents on Hideaway Lane have a _ problem with individuals utilizing the roadway. that have right-of--way across the property. He requested that the $oard approve the Ordinance. Dave Sanders, 12254 Hideaway Lane, requested the Board approve the Ordinance to alleviate the damage. heavy trucks. are causing to Yellow Rock Road. He stated the residents have spent over $15,000 to maintain Yellow Rock Road with gravel and asphalt to date. Grace Keen of Benns Church Boulevard, speaking on behalf of Carl Hill, spoke in favor of the Board adopting the Ordinance. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark .provided a brief history of Yellow Rock Road, a private lane, which was. purchased by :the County prematurely to accommodate the citizens so that it would be ready when VDOT was ready to take it into the State's. system. He stated .normally roads are not taken into County ov~~nership until VDOT is ready to take them into the State's system because the County does not have any road maintenance equipment. 15 u _~a~.-- ~ .,..,...: ~,_. , ,_..: ~. .,_.., _ __ ,_ _ __ .. :~ . - , ~ ,,.~ . ~ x . 3QnI ~.`~ ,,~,.- 20 Supervisor Clark moved the Board adopt the. following Ordinance with the. revision that it is 'enforceable by the Sheriff's office, deputy sheriff's and all. police officers with authority to enforce traffic laws within the County: AN ORDINANCE TO AMEND CHAPTER 11. MOTOR VEHICLES AND TRAFFIC, ARTICLE V. R RESTRICTED TRAFFIC ON YELLOW ROCK ROAD WHEREAS, the Isle of Wight. County Board of Supervisors owns Yellow Rock Road; and WHEREAS, through truck traffic causes significant damage to .the road adversely affecting the safety and welfare of citizens using the road; and WHEREAS, the Board of Supervisors deems it appropriate to prohibit through truck traffic on Yellow Rock Road. NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 11. Motor Vehicles and Traffic, Article V. Restricted Traffic on Yellow Rock Road be amended as follows: Article V. Restricted Traffic on Yellow Rock Road Sec. 11-49. Authority; Purpose. Pursuant to the authority granted the County. of Isle of Wight by Section 46.2-1300. of the Code of Virginia, as amended, and in accordance with Section 15.2-1200. of the Code of Virginia, as amended, the County adopts the provisions of this Article V for the purpose of securing and promoting the health, safety and- general welfare of its citizens. Sec. 11-50. Definitions. For purposes of this Article V, he definitions of "truck", "trailer", and "semitrailer" defined in Section 46.2-.100 of the Code of Virginia, as may be amended from time to time, are incorporated. herein by reference. Sec. 11-51. "No Thru Truck" Sign. The County of Isle of Wight shall have the right to erect or post "No Thru Truck" signage as has been .designated or adopted by the Commonwealth Transportation Board on the County-owned, private roadway known as Yellow Rock Road. No provision of this Article V 16 II relating to the prohibition of disobeying-.such sign shall be enforceable against an .alleged violator if, at the time and place of the alleged: violation, such sign is not properly positioned or sufficiently legible to be seen by an ordinarily observant person. Sec. 11-52. Prohibited Activity. No person shall drive or cause to be driven a semitrailer, trailer or truck upon Yellow Rock Road in direct violation of the posted signage authorized under Section 11-51 of this Article V. Sec. 11-53. Enforcement. This Article V .shall be enforceable by the sheriff, deputy sheriffs and all police officers with authority to enforce traffic taws within the County, all of whom are hereby authorized and empowered to issue the summons or notice of violations of this Article. Sec. 11-54. Penalty Any person convicted of violating this Article. V shall be guilty of a traffic infraction punishable by a fine of not more than One Hundred Dollars ($100.00) for each offense. This Ordinance shall be effective upon adoption. .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 moved the Board return to the regular order of the agenda. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the. motion; and,. Supervisor Clark absent for the motion. // Chairman Bradshaw., called for the continuation of the County Administrator's report. Mr. Hartley presented a proposed schedule for review of the Zoning Ordinance for the Board's consideration. 17 Chairman Bradshaw commented that this is a work session of the Board, and the Board will not open the floor for any comment by the Planning Commission members. Mr. Hartley noted that, depending on :the number of Planning Commission members who attend, it may be necessary to formally recognize that there is a quorum. County Attorney Stroman offered to confer with Mr,. Hartley on any pertinent issues relative to the Planning Commission members' .attendance. .Supervisor MacManus requested that staff take appropriate action to have sandwiches available at the work sessions. Mr. Hartley commented .that today. was the deadline for receiving comments on the Zoning Ordinance from the development community, and he would be forwarding same to the Board in the near future. Supervisor MacManus requested than Mr. Hartley .include any comments alongside the applicable Zoning Ordinance section. Supervisor Bradshaw requested staff ensure that there is a computer .available for use by staff during the work sessions. Supervisor MacManus moved .that the Board.. adopt .staff's recommendation of dates, time and place for. the proposed work sessions contained in the agenda, and that staff be authorized to advertise the public.. notice and notify other interested parties. 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 rio Supervisors voting againstthe motion.. Beverly Walkup, Assistant Director of Planning and Zoning, briefed the Board on staff's two. (2) attempts. to secure funding for the Hazard Mitigation Grant Program (HMGP) for four. (4) elevations on Kings Cove Way. She stated each attempt was denied based. on the cost of the project. not meeting the benefit. She explained that .the affected homes ,are just slightly below the base -flood elevation for the 100 year flood .plan, and in order for the homes to be eligible, they need to have more damage. She stated if here are other projects in coastal. flooding locations in the future,. these projects may be included at that time. She advised that staff will advise the residents that. the application has. been denied, and funding will be sought as it becomes available in the future. Supervisor MacManus moved the Board accept staff s recommendation not to proceed with a written appeal of the decision.. 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. 18 ~I 1 r-, I ~J 1 800K ~~ ~~'•' J1 Ms. Walkup was .requested to contact the residents by telephone to advise that the application had been denied. E. Old Point National Bank Highway Corridor Overlay District Site Plan Review, Tax Parcel Number 34-01-00311 Mr. Hartley requested the Board advise him of any comments they may " for above site plan. Supervisor MacManus requested that Mr. Hartley relay to the applicant " that he would. prefer the sign to to of brick at a height of six (6) feet with white lettering; .terming to be accomplished consistent with that across the street at the townhomes; and, that landscaping trees be of a mature-size. Pamela Shaw, Environmental Planner, advised that the plans now specify a caliper of 2-3.5 inches. F. The request of W. C. Sawyer for exemptions to the Highway Corridor Overlay District to allow work doors to face the highway and a building with a "long monotonous facade for Sawco .Self Storage .Expansion, Mini Warehouse, Carrollton Boulevard, .Newport Magisterial District, Tax Parcel Number 34-O1-OSOB Mr. Hartley advised that the Planning Commission recommended denial of the request (9-1) .because it is not consistent with the requirements of the Highway Overlay Corridor District. He stated the. applicant is following what he did with a previous project, but the Planning Commission's expectation is higher, even though this is an expansion of that project. Supervisor MacManus stated that he believes that the existing project has created a negative impression in that vicinity, and he is not in favor of a continuation of that type, of product, He stated he could be in .favor of approving the: request if the new addition was placed on a 90 degree: rotation, and provided the applicant rectified the situation with the existing property, specifically installing brick with fencing, landscaping, and other things to broaden the project. He stated a denial of the request would leave the County- with the current eyesore, whereas if the Board. worked with the applicant for a change of the product, landscaping and .fencing would address some of the problems with the. existing property. County Attorney Stroman stated if the Board ..desires the input of the Planning Commission, the Board might wish to table the. request and refer the matter back to the Planning Commission, and. allow staff to confer. with the owner. lg Supervisor MacManus moved that the Board table the matter, and refer it back to the Planning Commission so that it can work with the applicant based on his recommendation that it be on a 90 degree rotation, and that the applicant rectify the existing facility with brick, fencing, and other landscaping to broaden the project. The motion was adopted by a vote of (S- 0) with Supervisors 1VIacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. G. The request of Design Engineering: Services for an exemption. to certain provisions of the Highway Corridor Overlay District for. a neighborhood shopping center, tax parcel. number 34A-02-001. - Mr. Hartley advised that the Planning Commission recommended approval of the request to the Board (10-0). He noted that this is the request Mr. Wilcox addressed under Citizens' Comments. earlier in the meeting. Supervisor MacManus noted he could approve the request subject to the applicant agreeing that the sides will be brick; that the color on the back of the building will be of a brick color; and, that trees will be planted to act as a buffer. Supervisor MacManus moved the Board allow the exemptions with the condition. that the applicant provide the necessary correction of the -sides to be brick; that the color on the back of the building be of a .brick color; and, that trees be planted to act as a buffer. 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 Bradshaw called for Old Business. With respect o the issue. of the Olde Towne Curb Market in the Town of Smithfield, Rachel Morris, Economic Development Manager, emphasized staff's support for the agricultural community, noting that the farmer's market is an`excellent venue fore local residents to sell their. products. She confirmed that the viability of the agricultural industry. is staff s goal, and staff is in the process of discussing the location of a farmer's market in the Town of Windsor. She advised that staff feels the current request from the Chamber of Commerce .for an additional $5,000 for the period of January,. ! ~ 2005 through June, 30, 2005 is excessive, and .therefore recommends that the s request be denied. She stated staff does support a final appropriation for FYOS-06 for $5,000 provided that the Chamber of Commerce can give. its assurance that it will solicit private funding for FY06-07, thereby decreasing the financial dependence on the County. Supervisor MacManus moved that the .Board continue. the Chamber's work by providing the Smithfield farmer's market with $5,000 covering the 20 _ _._____ ...__._.ri..._ ~ w ~ . _ ,..-. .,... _, ..: ..,~,.y~C _. _.... _. ..,_.., . . ~....r< T,, ,. ,- 1 J 90~K ~~ >'':~ c3J calendar year ($2,500 from the contingency fund) in total to provide the same number of weekends held last year with some spring weekends, contingent upon the Town of Smithfield providing equal funding of $5,000, and that Ms. Morris is to work with the Chamber on the Smithfield market. 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 issue of billing for ambulance services, Richard O. Childress, Director of Emergency Management, stated included in the agenda is information pursuant to the Board's discussion at its Retreat on January 8, 2005. With respect to the issue of .the. Rosenwald School, Mr. Robertson. advised the report in the agenda is for the Board's information. Donald M. Long, Director of Public .Works, distributed information pertaining to citizens' concerns relative to the proposed schedule .and plar_ for the County's convenience centers. He stated it is the Committee's recommendation that the Orbit site be relocated and .fully manned, as well as open up a fully manned site in the Orbit area.. He noted that a fully manned site had been open from 7:00 a.m. until 7:00 p.m., seven (7) days per week;. however, the Board has adopted a schedule of Mondays from 7:00 a.m. to 7:00 p.m., Tuesdays. from 1:00 p.m. until 7:00 p.m., closed on Wednesdays, Thursdays from 1:00 p.m. until. 7:00 p.m., Fridays and. Saturdays from 7:00 a.m. until 7:00 p.m., and- Sundays from 1:00 p.m. to 7:00 p.m. He advised that the County is only one (1) of three (3) counties. which has unmanned sites, all other localities provide service for three (3) days per week. Chairman Bradshaw stated that the Board will address the hours of operation. at a later date. Mr. Long stated the. first step of the p an is to move forward to fully man the Orbit and Crocker. sites. He noted that only one (1) of those centers would have a compactor.: He stated the second. part of the plan is to request another compactor in the. CIP, as well as request an additional employee and truck replacement in FY06-07. He stated with respect to the.. request. for a grinder in the FY05-06 CIP, he would also request-that staff. move forward. with this purchase sooner. Chairman Bradshaw stated also in the CIP is the .action to move forward with the other unmanned sites in the -out years. He stated the Mill Swamp and Walter sites will be considered when the land becomes available, as well as address the need for a second site in the Carrollton area. He stated the plan should identify that the County is focusing on the above needs. He recommended that Mr. Long contact Ms. Seward with respect to the CIP. 21 Mr. Long notified .the Board that the Southeastern Public Service Authority .has advised staff that it intends to stop the service. at the transfer station on Sundays, effective July 3, 2005. Supervisor MacManus discussed _ the "feasibility. of the County purchasing land as opposed to leasing it. He spoke .against. the County investing $100,000 in a site that. the County will not have control over in the future.. Mr. Long indicated that longer-term leases could be negotiated. He stated that the. individual who owns the site in the Orbit area is not interested in selling any land. . Supervisor Clark. recommended that the sites be leased for aperiod-of at least 20 years. He noted that unmanned sites. are unacceptable in their appearance, and he assured Mr. Long that the Board would ailacate the .. necessary funds to see that the sites are. adequately maintained. He agreed that the County should not be spending funds where. it can not have along- term investment in the property. ra s aw, ar an rig vo ing m avor , Supervisors voting against the motion. Chairman Bradshaw further moved to authorize Mr. Long to expend any unappropriated funds in the Capital Budget originally intended for the purchase of a roll-off truck and .boom truck. to be used for the acquisition of roll-off .containers. 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 Bradshaw moved the :Board authorize the negotiation of a long-term. lease in the amount of 20 years, or the acquisition of property, and that Mr. Long is to .return to discuss the two (2) manned sites. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, B d h C1 k d W ' ht t' f of the motion and no Chairman Bradshaw advised Mr. Long to place these plans in both the Operating Budget and CIP so that they can be addressed, long-term. He stated the Board is willing to appropriate the necessary funds to rectify the problems that are being experienced by the County's citizens.: Supervisor Wright stated the .only way. to stop illegal dumping is to man the sites, and staff must treat incorporation of these plans in the CIP and Operating Budgets as a priority. // Chairman Bradshaw called for New Business. 22 9a~~~ 23 ~-.~- ~5. n Citing concerns with citizens advising of poor picture quality, Supervisor MacManus moved the .Board direct staff to invite a local Charter representative to address the Board at the ,next possible meeting regarding picture quality issues, inadequate service, and incorrect phone numbers listed in the phone book.-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 Clark notified the Board that he has received numerous. calls from citizens concerning Charter's failure to make timely service calls, lines that have been laying out on thegroundfor months, and representatives' promises to correct the situation, but never showing up. He noted that Charter should have a local representative .that citizens. can contact for service agreements. Supervisor Bradby announced his intention not to run- again in the next election to represent the Hardy District. Supervisor Clark moved the Board direct. staff to request information from HR.PDC concerning the proposed light rail routes, and present same back to the Board within the next ninety (90) days for further discussion. The motion was adopted by a vote of (5-0) with Supervisors MacManus, .Bradby, Bradshaw, Clark .and Wright ~-oting in favor of .the ..motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board direct staff to review the present landscaping at Eagle Harbor, and report back to the Board within the next ninety (90) .days. The motion was adopted by a vote. of (5-0) with Supervisors MaclVlanus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman advised SupervisorBradshaw that the matter of parliamentary procedures would. be placed in the February 8, 2005 .agenda for the.Board's consideration. .Supervisor Bradshaw moved. the Board direct staff to contact VDOT and the Crocker brothers to discuss their concern with drainage on Route 620. 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 'I Supervisors voting against the motion. !, 1 Chairman Bradshaw moved that the Board waive the permit fees for the field house being constructed at the Windsor High. School, including any fees have been paid in the past, as well as any fees that maybe required to be paid in the future.. 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. 23 s,~ ~_..,,, .e .w.,,..,. ~ . .,~~_ _~>. _ ,,_ ._ _~. ,_._ ~ h~ ,,.. ,-_~.x.~~ r~.n,~.w~..-.~P,~ ~~~~ 2~ .. `?S // Thomas Finderson addressed the Board concerning the hazard mitigation at Kings Cove. He stated there is a clear history that this area: is .located in a 64-year flood plain versus a .100-year flood plain. He stated it is misleading if there is a low damage number. R. L. Walker addressed the Board concerning the need for convenience centers to be open. six (6) days per week. He advised, that the school administration is desirous of installing additional pipe on Marilyn Avenue to . assist buses as they turn around. He requested that the Board take into consideration the .need for a fire department located in the center of the County. , Supervisor Bradshaw advised that the .fire department is in the proposed CIP, as well as the County's Strategic Plan of Action. // County Attorney Stroman requested a closed .session concerning two (2) personnel matters related to assignment, .appointment, promotion, performance, demotion, salaries and disciplining of specific public officer, pursuant to Section 2.2-3711.A.1, and one (1) matter concerning consultation with legal advice under Section 2.2-3711.A.7 of the Freedom of Information Act. Supervisor Clark moved. the Board enter the closed session 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 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 against the motion. Supervisor Wright moved the Board adopt the following Resolution: CERTIFICATION. OF CLOSED MEETING WHEREAS, theBoard 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, WI-~REAS, 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; 24 1 1 . ~o~~ 23 -~-~ `37 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only .public business matters lawfully :exempted from open meeting requirements by .Virginia law were. discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright .NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING. MEETING: 0 Supervisor Clark moved the Board designate Supervisor MacManus as the voting member and Supervisor Wright as the alternate on the Western Tidewater Water Authority. 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 approve the compensation. for County staff, retroactive to July 1, 2004, as discussed in the closed 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. // At 10:00 p.m., Supervisor Bradby moved the Board adjourn .its meeting. The motion was adopted unanimously (5-0). ~. lip A. Bradshaw, Chairman W. Dougl Ca key, Clerk 25