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11-02-1989 Regular Meeting-t EO~r, 1~ rN,,!`4e3 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY NINE 1 PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr. Steven W. Edwards Thomas L. Ross Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator Bill McKay, Community Development Carey Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2:00 P.M. The invocation was delivered by Chairman Bradby. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, stated he had no particulars, but was available for questions or comments. Supervisor Bradshaw requested Mr. Coates to speak with Mr. Keech concerning poor drainage on Route 58 close to the Church of God. Chairman Bradby requested Mr. Coates to look into the bush problems on Route 647 where bushes are damaging the school buses. // i Dwight Farmer of the Southeastern Plbnning District Commission, introduced John Hassell of Linton, Mields, Reisler and Cottone, who provided a report to the Board on the existing transportation situations, future alternatives, and financing strategies. The Board voted unanimously (5-0) to adopt the motion of Supervisor Turner to support the concept of the creation of a Hampton Roads Regional Transportation Finance Authority to represent the communities of the region in pursuing transportation improvements and appropriate financing strategies. // Chairman. Bradby called for a public hearing on the following rezoning applications: 1. The application of Marion Neighbors, owner, Community Opportunities for the Disabled, Inc., prospective owner, for a chance in zoning classification from A-1, Agricultural Limited to Conditional R-3, Conditional Townhouse Residence District, 2 acres of land located on the east side of Route 614, between Route 645 and Route 603, in Hardy Magisterial District. The purpose of the application is for a group home serving mentally retarded or other developmentally disabled persons. C7 Vince Doheny, Executive Director of the Western Tidewater Community Services Board, spoke in favor of the application stating there is a great need for facilities for the mentally retarded throughout the western tidewater area. Robert Bishop, Director of the Zuni Presbyterian Training Center and Chairman of the Western Tidewater Mental Health Services Board, spoke in favor of the application stating that he thought this home would be well staffed and supervised making it a quality home he would be glad to have in the community. James Stiltner, who indicated he lived approximately 300 yards e~c~n 24.;~~4f4 2 from the proposed site, spoke in opposition to the application stating he had various concerns relative to this home being built next to his property in that it could possibly reduce property values, increase traffic, and would require constant supervision of staff. Supervisor Edwards requested County Attorney Crook to advise him on whether or not he had a conflict of interest that would prohibit him from participating due to his representation of a client who is seeking immediate placement in a group home as a legal aid attorney. County Attorney Crook advised Supervisor Edwards that the Virginia Conflict of Interests Act is geared toward a financial interest and it is his opinion that Supervisor Edwards has no material financial interest as defined by the Act by virtue of his employment and no compensation from the client as- a legal aid case. Supervisor Edwards spoke in favor of the application stating he would prefer that the application be passed as recommended by the Planning Commission. Supervisor Turner moved that the Board table the application to November 16, 1989, to enable the Board to meet .with people within the vicinity of the proposed group home site to establish a better understanding so that the group home can begin on a solid foundation with the support of the neighborhood and not with the fear of the neighborhood. The vote was (4-0) to table the application until the November 16, 1989, meeting. Mr. Edwards voted in opposition to the motion. Supervisor Bradshaw suggested the Board meet with concerned citizens and Mr. Doheny on Wednesday, November 8, 1989, at 7:00 P.M. at the Presbyterian Home. 2. The application of Dois I. Rosser, Jr. to amend Conditional Residential Zoning on approximately 631 acres of land located on the east side of Route 655, between Route 620 and Route 656 in Newport Magisterial District. The request is specifically to amend proffered condition #8 regarding public facilities. A. L. Jones, attorney representing the developers on the request to amend proffer #8, gave the County an overview on what has occurred to date. Mr. Jones stated that under the old proffer, sewer service was to be provided by the Town of Smithfield. Mr. Jones stated the purpose of this amended proffer is to request the Board of Supervisors allow the developers to put in a mass drainfield which will be used until sewer service is available. Mr. Jones further stated the project was going to~have to be shut down at this time until sewer can be guaranteed unless the developers have the opportunity to go through with the mass drainfield. Mr. Courtright, the developer, gave a brief summary of what has transpired within the last fifteen months. Norman Mason, of Langley & McDonald Engineers, presented a drawing which showed the overall sanitary sewer layout for the Cypress Creek subdivision. Mr. Mason went on to say that Langley & McDonald Engineers had met with representatives of Western Tidewater Health District who reviewed the plans, and Western Tidewater Health District was in general agreement with the plans. Supervisor Turner moved the Board table the application to November 16, 1989, until the County Attorney and County Administrator could meet with the developer to discuss having a financial commitment on the part of the developer to the County r~ 1 rt 80~K 14 rh!'r~ve) 3 written into the proffer. The motion was adopted by unanimous vote (3-O) . 1 3. The application of Sutton A. Burroughs and Rosa L. Burroughs for a change in zoning classification from A- 1, Agricultural Limited to conditional B-1, Conditional Business General, approximately 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. C. Richard Griffith, Jr., attorney representing the owners, Mr. and Mrs. Burroughs and the contract owner/developer, gave a brief summary of the application. County Attorney Crook commented that proffer ~3 needed to be amended to reflect that public water is provided by the County. He further stated that proffers could not be changed orally at Board meetings and that they needed to be in writing prior to the hearing in order for the Board to act on it. He stated further that he had brought this to the attention of the applicants at the Public Hearing before the Planning Commission and had assumed that the applicants would amend the proffer prior to the'Public Hearing of the Board of Supervisors. 1 The vote was unanimous to Bradshaw to table the application the applicants time to amend the publication in the newspapers. // adopt the motion of Supervisor until December 7, 1989, to allow proffer,-;and allow ample time for The motion of supervisor Bradshaw for a ten minute recess was unanimously adopted (5-0). // The motion of Supervisor Turner to move Old Business up to the present point of the agenda was unanimously adopted (5-0). The application of Lotz Realty Company for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 30 acres of land located on the north side of Route 620, between Routes 655 and 258, in Newport Magisterial District. The purpose of the application is for a single family dwelling subdivision of no more than 24 lots. (September 7, 1989, October 5, 1989, and November 2, 1989.) A. L. Jones, attorney for Lotz Realty Company, Inc., presented a proffer which he stated had been delivered to County Attorney Crook earlier that day. Mr. Jones stated Mr. Lotz, of Lotz Realty Company, Inc., is prepared to improve the road and proposes to make a proffer of $1,200. per unit. J County Attorney Crook advised the Board that this application came before the Board and was referred to the Planning Commission at the request of the applicant. County Attorney Crook further stated that when the application was heard by the Planning Commission on August 8, 1989, the applicant presented two additional proffers with one of the proffers being the one that was handed to the Board today. County Attorney Crook pointed out that the applicant has not proffered today the other proffer which restricts the lots access on Route 620 only. County Attorney Crook advised the Board that due to the change in proffers, the application needs to be advertised for a new public hearing. Supervisor Bradshaw moved to table the application to December ~~~n 14 ~.~~45~ '4 7, 1989, due to a change in proffers. The motion was adopted by unanimous vote (5-0). // Chairman Bradby called for the Community Development report. William McKay, Community Development Planner, presented the following application for the Board's approval: 1. The application of Community Opportunities for the Disabled, Inc. for a Conditional Use Permit to allow a group home serving mentally retarded or other developmentally disabled persons on~approximately two (2) acres of land located on the east side of Route 614, between Route 645 and Route 603, in Hardy Magisterial District. Supervisor Turner moved to table the application until the November 16, 1989, meeting. The motion was adopted by unanimous vote (5-0). 2. The application of Mary Katherine Foster and Gladys Pohl for a Conditional Use Permit to locate a mobile home for their brother, Fred Elsey on eighty-four (84) acres of land located on the east side of Route 604, in Newport Magisterial District. Supervisor Turner moved the Board to approve the application. The motion was adopted by unanimous vote (5-O). // Chairman Bradby called for the County Attorney's report. County Attorney Crook advised the Board of the situation with HRSD, the Town of Windsor, and Isle of Wight County. He stated the County had a committee appointed of Supervisor Edwards, County Administrator Standish, Supervisor Bradshaw and himself which had met with a committee of the Town Council and its Town Attorney and they had reached an agreement on several points. County Attorney Crook advised the Town Attorney that he saw no problem with the outline of points of agreement which the Town Attorney had prepared and which had been distributed to the Board members. Supervisor Bradshaw moved that another meeting be set up with the Town of Windsor on the HRSD line. The motion was adopted by unanimous vote (5-0). // County Attorney Crook requested an Executive Session for report and advice of counsel under Section 2.1-344 A.3. of the Code of Virginia on negotiations concerning public acquisition and/or use of property specifically negotiations with the City of Franklin concerning Franklin's water system and a proposed lease purchase agreement for a fire truck for Carrsville Volunteer Fire Department, and a proposed water agreement with the City of Norfolk. Supervisor Bradshaw moved that the Board go into Executive Session for the purposes stated by County Attorney Crook. The motion was unanimously adopted. Upon the Board returning to open session, Supervisor Edwards moved to adopt the following resolution: ~ERTTFICATION OF EXECUTIVE MEETING C n WHEREAS, the Board of Supervisors has convened an executive ., Eo~~K 14..~.:~4f~7 5 meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and 7 WHEREAS, 2.1-344.1 of .the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in confonaity 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 to which this certification resolution applies and (ii) only such business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // Chairman Bradby called for the County Administrator's report. 1 County Administrator Standish reported that he had a brief presentation from C.J. More, resident of Isle of Wight County and Supervisor of Juvenile Court Services for Isle of Wight County in regard to the creation of a youth services program at the local level. Mr. More advised that he would like the Board to appoint a steering committee of five to seven individuals to further study the problems facing youth in the County. County Administrator Standish submitted a summary of twelve legislative proposals recently developed by the Grayson Commission of Local Government Structures, pursuant to House Joint Resolution 286 which were prepared by the General Assembly's Legislative Services Division. County Administrator Standish encouraged the Board to authorize a letter to the General Assembly that endorses the Grayson Commission proposals. County Attorney Crook advised that he would like to review these proposals and advise the Board before the Board acted on the Grayson Commission proposals. County Administrator Standish reported that due to rising insurance costs for Blue Cross/Blue Shield, it will soon be necessary to review the alternative of reductions of benefits in order to maintain reasonable costs. As a result, the Regional Planning District Commission has initiated a study of a Hampton Roads Healthcare Insurance Program which may provide a cost efficient alternative to member localities. County Administrator Standish also reported that the SVPDC has requested a confirmation from the County as to whether the County wishes to be included in the study. County Administrator Standish further reported that such confirmation does not obligate the County to actively participate in an insurance plan if one is developed. Supervisor Turner moved that the County Administrator provide confirmation to SVPDC that Isle of Wight County wishes to be included in the healthcare study. The motion was adopted by unanimous vote (5-0). County Administrator Standish reported that the Real Smithfield Jaycees had submitted a request for permission to use aaaK 14.-~.4e8 .6 the yard and parking lot of the old Smithfield High School on December 16, 1989, between 9:00 a.m. and 2:00 p.m. for the staging of the Smithfield Christmas. parade. County Attorney Crook inquired of County Administrator Standish he had a specific request as to which parking areas and other areas were to be used. He pointed out that much of the former parking areas were under construction for tennis courts and/or were being re-paved for new parking areas. He suggested that the County require coordination between the Jaycees and the contractor. Supervisor Turner moved that County Administrator Standish coordinate between the contractors and the Jaycees to make them aware of the new changes and to determine which areas could be used. The motion was adopted by unanimous vote. County Administrator Standish reported the Executive Board of the Virginia Association of Counties has selected him to serve on the Virginia Association of Counties Commission on the Future. /o County Administrator Standish requested an Executive Session for the purpose of interviewing prospective consultants and for the negotiation of professional services relative to the preparation of a master water and sewer plan for Isle of Wight County. // Supervisor Turner moved Oliver V. Wooster to serve Newport Election District. Vote. // that the Board reappoint Colonel on the Social Services Board from The motion was adopted by unanimous Supervisor Turner moved the Board approve the October 19, 1989 minutes of the Board of Supervisors. The motion was adopted by unanimous vote. At 5:30 P.M., Supervisor Turner moved to go into Executive Session pursuant to Section 2.1-344 A.1. for discussion or consideration for interviews of prospective candidates for the purpose of negotiating for professional services relative to the preparation of a master water and sewer plan for Isle of Wight County. The firms to be interviewed are Buck, Seifert & Jost, Incorporated and Gannett Fleming respectively. The motion was adopted by unanimous vote. // Following the Executive Session, upon returning to open session, Supervisor Edwards moved the Board adopt the following resolution: // WHEREAS, the Board of Supervisors has convened an executive 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, 2.1-344.1 of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; u NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors ^ T, .~ ~~ 0 1, c~c~ 14 .:.4f~ hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawtully exempted tzom open meeting requirements by Virginia law were discussed in the executive meeting to which this certification zesolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting vest heard, discussed or considered by the 8oazd of Supervisors. VOTE 11YES s 1 NJ-YS S 0 11BSENT DURING VOTES 1 11BSENT DURING !lEETZNGS 0 (Supervisor Turner departed during the Executive Session atx! vas unavailable for the vote at that time.) // /1t ~s00 P.H. Supervisor Rosa moved for adjournment which vas adopted by unanimous vote of those membezs present (e-o). /~/ ~~ eery H. eradby, Chairman Jlyles//. Standish, Clerk ^ •