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12-07-1988 Regular Meeting.. eooK 14 ~~~t47~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF DECEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner Absent: Joel C. Bradshaw, Jr. Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/ Community Development Judy Begland, Economic Development Coordinator Carey Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2:00 P.M. The invocation was delivered by Supervisor Turner. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, stated he had nothing particular, but was available for questions or comments. County Administrator Standish asked Mr. Coates to speak about four-laning Route 258, which the Board had previously supported and which included new alignment for Route 258. Mr. Coates stated that one of the conditions of the Cypress Creek developer was a break in the limited access to put in an interchange and one of the conditions that Richmond asked for was for the County to support the reserve right-of-way to connect Route 258 directly to the interchange. Mr. Coates further stated that the recommendations from Richmond were for the County to select a corridor and preserve the right-of-way in that corridor. Supervisor Turner moved that the Board support the preservation of right of way to connect Route 258 to its interchange at the Route 10 bypass and develop an appropriate corridor. The vote in favor was unanimous (4-0). County Administrator Standish presented the Board with a survey form to ascertain support or opposition to specific financing strategies relative to the Regional Transportation Finance Authority. Supervisor Turner moved to accept the proposed strategies with the exception of the final category which states "increase local resources to compensate for overall reductions in federal funding." The vote in favor was unanimous (4-Oj. County Administrator Standish next presented a resolution requesting Boundary Road be taken into the State Road System. Supervisor Ross moved for its adoption which was passed by unanimous vote. WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Jones Creek Landing Mobile Home Park, Newport Magisterial District, Isle of Wight County, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. THEREFORE, BE IT RESOLVED, that the Commissioner of Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following eOl'll .L y I'M r.r yl,/~ described street in Jones Creek Landing Mobile Home Park Subdivision. 1. Boundary Road: Beginning at a point on State Route 665, 0.60 miles northwest of its intersection with Slate Route 668; thence, running in a southwesterly direction, 0.27 miles to a turn-around. Length: 0.27 miles Right of Way: 50 feet width Total Length: 0.27 miles IInrestricted rights of way five (5) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Cabinet 1, Plat Folder 381, Page 17 and dated October,24, 1989 and is guaranteed. // Chairman Bradby called for public hearings. 1. The application of H. W. Roberson Company, Inc. to amend Conditional R-1, Conditional Residential Limited Zoning on 172.3 acres of land located on the east side of Route 10 and 258, between Routes 32 and 258 and the Smithfield Corporate Limits, in the Newport Magisterial District. The request is to delete conditions #11 and #12, as proffered by the applicant regarding payment of certain fees per dwelling unit. Rodham T. Delk, Jr., attorney representing H. W. Roberson Company, Inc., stated conditions proffered at the time of rezoning were a total of twelve with the first ten proffers relating to the use and development of the property and the eleventh condition provided for the payment of a fee of $1,200.00 per dwelling unit to the County and the twelfth condition was a clause by which the developer agreed not to contest the conditions. Mr. Delk further stated that subsequent to that time, a property containing similar conditions was downzoned by the Board and that in 1989 the Attorney General of Virginia issued an opinion which did not apply to the current property, but which did apply to two conditions identical to #il and #12 in which the Attorney General held that those conditions were unenforceable and contrary to public policy. Attorney Delk further stated that the original proffers provided that the payments be made to the County upon the issuance of a building permit, but the developer is now requesting that the payments be made upon the sale of the property. Chairman Bradby asked for persons in opposition to the application. Philip Edwards spoke in opposition stating he was concerned about deleting proffers and that he wanted to know where it was going to end. Supervisor Edwards moved to go into Executive Session pursuant to Section 2.1-344 A.7 for advice of counsel concerning the above application of H. W. Roberson Company, Inc. relative to ongoing litigation of Keusal versus Isle of Wight County. The motion was adopted by unanimous vote (4-0). Following the Executive Session, upon returning to open session, Supervisor Turner moved the Board adopt the following resolution: D 1 1 CERTIFICATION OF EXECUTIVE MEETING .. ~~~~ ~~ . ~.8i 3 WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to wn affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, 2.1-344.1 of the Gode of Virginia requires a certification by this Board. of Supervisors that such executive 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 executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were hear, discussed or considered by the Board of Supervisors. VOTE AYES: 4 NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 1 1 County Attorney Crook advised the Board that the application request was to delete proffers 11 and 12 which had previously been adopted by the Board, and in lieu of proffer 11, there is a commitment supported by promissory note and deed of trust to continue to pay the $1,200. per unit upon the sale of the lots in question, at which time the Board would receive the $1,200. and execute the release of the deed of trust to the lot. County Attorney Crook suggested the Board accept the donation and agree to delete proffer 11, but not delete proffer 12 which is the agreement not to contest any of the proffers. Attorney Delk advised the Board he and the County Attorney had discussed this and the owner would agree to County Attorney Crook's suggestion. Supervisor Turner moved to approve the request to delete proffer 11. The motion was adopted by unanimous vote (4-0). 2. The application of Wayne G. Rowe for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-1, Conditional Urban Mobile Home District, 3.671 acres of land located on the east side of Route 646, at the intersection of Routes 650 and 646, in Hardy Magisterial District. The purpose of the application is for no more than three (3) mobile home lots with a minimum area of 40,000 square feet each, all three (3) lots fronting on Route 646. 1 Wayne Rowe, the property owner, stated he would like to withdraw his amendment and go back to the original application because both the amendment and the original application were denied by the Planning Commission. County Attorney Crook advised Mr. Rowe that the application would have to be readvertised for a public hearing if he wished to proceed with the original application as the amended application had been advertised for today's public hearing. Supervisor Turner moved to accept Mr. Rowe's request for withdrawal of the application and readvertise for a public hearing. The motion was adopted by unanimous vote (4-0). 90C~h ~4 ~~~.-482 3. The application of Sammuel H. Warren, owner and Johnny R. and Diary K. Boyd, prospective owners, for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, approximately two (2) acres of land located on the west side of Route 627, between Route 621 and the Surry County Line, in Hardy Magisterial District. The purpose of the application is for one (i) rural residential lot. Chairman Bradby asked for persons in favor of the application. Mary Boyd and Johnny Boyd appeared in favor of the application. Chairman Bradby moved to approve the application. The vote in favor was unanimous (4-0). 4. The application of Pearl B. Brock Estate for a change in zoning classification from A-1, Agricultural Limited to R-MH-A, Rural Mobile Home District, approximately one (1) acre of land located on the west side of Route 683, between Route 623 and Route 681, in Hardy Magisterial District. The purpose of the application is for the permanent location of one (1) mobile home. Chairman Bradby asked for persons in favor of the application. Grace Robins appeared in favor of the application. Supervisor Edwards moved to approve the application. The vote in favor was unanimous (4-O). 5. The application of Sutton A. and Rosa L. Burroughs for a change in zoning classification from A-1, Agricultural Limited to C-B-1, Conditional Business General, approximately thirteen (13) acres of land located on the north side of Route 460, between the town limits of Windsor and Route 600, in Windsor Magisterial District. The purpose of the application is for a retail shopping center as limited by specific conditions. Chairman Bradby asked for persons in favor of the application. C. Richard Griffith, Jr., spoke in favor of the application. Supervisor Turner moved to approve the application. The vote in favor was unanimous (4-O). 6. The application of Lotz Realty Company for a change in zoning classification from A-1, Agricultural Limited to C-R-A, Conditional Rural Residential, as amended, approximately thirty (30) acres of land located on the north side of Route 620, between Route 655 and Route 258, in Newport Magisterial District. The purpose of the application is for a single family dwelling subdivision of no more than twenty-four (24) lots. A. L. Jones, attorney, requested by letter that the application be tabled to the January 4, 1990 regular meeting of the Board of Supervisors. Supervisor Ross moved to table the application to the January 4, 1990 regular meeting of the Board of Supervisors. The vote in favor was unanimous (4-0). // 1 L] Chairman Bradby called for Citizens Comments. f, aoc~K 14 -~,.~~b3 5 Jack Finley, First Vice President Virginia State Firemens' Association, expressed his thanks to the Board for their help relative to the resolution against NAPA 1500. Mr. Finley further stated he would like the Board to consider an ordinance that was drafted by the Town of Smithfield and passed at their council meeting to exempt or reduce personal property taxes on privately owned vehicles of firemen used to answer calls for fires. County Attorney Crook advised he would prepare an ordinance for the Board's consideration which could include Volunteer Rescue Squad and handicapped persons. Supervisor Turner moved for County Attorney Crook to prepare the ordinance and advertise it. The vote in favor was unanimous (4-0) . // Chairman Bradby called for the Community Development Report. 1. Plat showing the subdivision of the property of George H. Smith, Sr. Estate located on Route l0 in Hardy Magisterial District. County Attorney Crook explained the Planning Commission recommended that all lots have access on the interior road to avoid numerous drives from the lots fronting on the highway. Supervisor Turner moved for approval of the plat with the following limitations: 1. Lot 1 be limited to one entrance 2. Lots 2 and 3 share one entrance 3. Lot 4 be limited to one entrance 2. Plat of Parcel F, .being a part of the property of Ralph A. Godwin, Jr. located on Route 652 in Newport Magisterial District. Supervisor Turner moved for approval of the plat. The vote in favor was unanimous (4-O). 3. Request of Mr. David Allen for an exception under Section 6-1 of the Subdivision Ordinance to allow a portion of forty (40) foot right-of-way between the end of Route 624 and Allendale Estates Subdivision. Chairman Bradby moved for approval of the plat. The vote in favor was unanimous (4-0). 4. Plat showing property of Luke Robertson, Jr. and Janet Wilson Robertson located off Route 621, in Hardy Magisterial District. Chairman Bradby moved for approval of the plat. The vote in favor was unanimous (4-0). 5. Plat of Waterford Oaks Subdivision, Phase One, showing seventy-two (72) lots, located on Route 10, in Newport Magisterial District. Supervisor Turner moved for approval of the plat. The vote in favor was unanimous (4-0). 6. The subdivision of Queen Anne's Court - Phases 2 and 3 located on the north side of Route 258/32 in Newport Magisterial District. Supervisor Turner moved for approval of the plat. The vote in favor was unanimous (4-O). BOON ~ 1 ''h i.` .L~ i 6 W. Douglas Caskey, Assistant County Administrate/Community Development stated he had one late item relative to a Land Use Plan graph. Mr. Caskey further stated he would advertise a public hearing for this after the holidays. // Chairman Bradby called for the County Attorney's report. County Attorney Crook advised that he had several items that would come under the County Administrator's report and he asked to defer his report until that time. // Chairman Bradby called for the County Administrator's report. County Administrator asked Judy Begland, Economic Development Coordinator to speak relative to Smithfield Foods. Mrs. Begland reported that Smithfield Foods will have their formal hearing in front of the State Water Control Board the following week. Mrs. Begland continued that in order to support Smithfield Foods as a major employer in Isle of Wight County, a resolution was prepared that speaks to their contribution, the citizens, and Isle of Wight's economic stability. On Supervisor Turner's motion, the vote was unanimous (4-0) to adopt the following resolution: WHEREAS, Smithfield Foods is one of the County's largest° employers and makes a major economic impact on this community; and, WHEREAS, Smithfield Foods is a significant Virginia industry with a worldwide reputation and contributes to the economic stability of the Hampton Roads area and ensures Virginia's rightful place among economic leaders; and, WHEREAS, the local, regional, and State economies are benefited when industries such as Smithfield Foods invest and expand in plant capacity, recognizing that such reinvestment requires additional capabilities to discharge wastewater and requires the attendant permit of state regulatory agencies; and, WHEREAS, it is acknowledged that economic development and environmental quality can complement each other as opposed to being at odds with one another; and, WHEREAS, the State Water Control Board's proposed permit requirements will create a major economic hardship on the industry, which may result in the loss of major investments in this community and the State, as well as the loss of existing and new employment opportunities. NOW, THEREFORE, be it resolved by the Board of Supervisors of Isle of Wight County, that the Commonwealth of Virginia be requested to initiate a detailed review of the economic impact of the implementation of new wastewater discharge requirements. BE IT FURTHER RESOLVED, that the Governor of the Commonwealth of Virginia, the Secretary of Economic Development, and the State's Director of Economic Development be and are hereby requested to personally review this situation, to meet with County and industry leaders and the State Water Control Board to determine the full impact of increased restrictions and to review reasonable alternatives which can accommodate both 1 1 1 !, eo~K 1 ~ .. -~8 7 economic stability and expansion as well as environmental considerations. ~- County Administrator Standish asked for the Board's consideration relative to a $455,000 federal grant to the Isle of Wight school system. County Administrator Standish further presented a resolution accepting and appropriating these funds to make appropriate adjustments in the County's budget. On motion of Supervisor Ross, the vote was unanimous to adopt the following resolution: RESOLUTION TO APPROPRIATE FOUR HUNDRED FIFTY-FIVE THOUSAND FIVE HUNDRED THREE DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER I WINTER PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Chapter I Winter Program; and WHEREAS, the funds in the amount of four hundred fifty- five thousand five hundred three dollars ($455,503) need to be appropriated to the School grant fund in-the 1989- 90 budget of the County of Isle of Wight, Virginia. I IL~.. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that four hundred fifty-five thousand five hundred three dollars ($455,503) be appropriated to line item Chapter I Winter Program in the 1989-90 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 the things necessary to give this resolution effect. County Administrator Standish asked for the Board's consideration relative to the current fiscal year audit commencing in July 1990. Supervisor Turner moved to have County Administrator Standish prepare a RFP for audit services for a five year period, FY1989- 1990 through 1993-94. The vote in favor was unanimous (4-O). County Administrator Standish next reported on the upcoming costs on the Board's participation in the Regional Jail project. On motion of Supervisor Ross, the vote was unanimous (4-O) to adopt the following resolution: RESOLUTION TO APPROPRIATE THREE HUNDRED SEVENTY-ONE THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE WESTERN TIDEWATER REGIONAL JAIL C WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has approved the construction of the Western Tidewater Regional Jail; and WHEREAS, the funds in the amount of three hundred seventy-one thousand dollars ($371,000) need to be appropriated from the unappropriated fund balance to the Western Tidewater Regional Jail, construction line item in the 1989-90 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that three hundred seventy-one thousand dollars BUnK ~~ ~{11r~`./lJ .p ($371,000) from the unappropriated fund balance be appropriated to line item 14-33002E-7016A, Western Tidewater Regional Jail, construction in the 1989-90 budget of the County of Isle of Wight. 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 the things necessary to give this resolution effect. Supervisor Turner suggested the Board make appointments for the alternate members to the Regional Jail Board. Supervisor Turner moved the Board appoint Chairman Bradby and Sheriff Phelps of Isle of Wight County as alternates to the Regional Jail Board. The vote in favor was unanimous (4-0). County Administrator Standish advised the Board that relative to a bond issue, there would be a total local cost of at least 3.73 million as the County's share of the 22 million dollars for the jail. County Administrator Standish recommended that rather than take that amount from the County's fund balance, he would recommend that the County participate in a bond issue. He further stated he would like further direction from the Board regarding the Board's future capital projects and suggested that they be a jail, communications center, public safety facility, and clerk's office expansion. County Administrator Standish recommended the Board authorize a RFP for architectural services and approve the proposed agreement for financial services. Supervisor Turner moved to have County Administrator Standish proceed with preparing a RFP for architectural services, for a ' communications center/public safety and the clerk's office expansion The vote in favor was unanimous (4-0). County Administrator requested the Board direct him to proceed with Municipal Advisors as a financial consultant through a bond issue for a fee not to exceed $7,500. Supervisor Turner moved to approve the request of the County Administrator to hire MIA as a financial consultant with fees not to exceed $7,500. The vote in favor was unanimous (4-0). County Administrator Standish asked for the Board's consideration relative to proposed by-laws for the Isle of Wight County Task Force. County Attorney Crook stated he had reviewed the by-laws and recommended them to the Board. Supervisor Ross moved for the approval of the by-laws for the Isle of Wight County Task Force. The vote in favor was unanimous (4-O) . County Administrator advised that at the Suffolk Council meeting last evening it was discussed whether or not Isle of Wight County would be interested in purchasing water from Suffolk for use in Isle of Wight. Supervisor Turner moved to authorize County Administrator to have a discussion with the Suffolk City Manager on purchasing water from Suffolk and report back to the Board. The vote in favor was unanimous (4-0). ;' Supervisor Turner moved the Board approve the November 16, ' 1989 minutes of the Board of Supervisors meeting with correction of "this group home" to "a group home" on page 4. The motion was adopted by unanimous vote. 1 ao~,n 14.~h.:~4b7 9 At 4:37 P.M., Supervisor Ross moved for adjournment, which was adopted by unanimous vote. 1 1 1 ~ `~~~ Myles E Standish, Clerk Henry H. Bradby, Chairman