Loading...
05-21-1998 Regular Meetingr~ eoar ~ 1 % .. ?23 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS -HELD THE TWENTY-FIRST DAY OF MAY IN THE. YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Henry H. Bradby ABSENT: Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Melinda Goodwyn, Acting Recording Secretary .Chairman Claud called the meeting to order at 6:00 p.m. The invocation was. delivered by Supervisor Bradby. /I Chairman Claud called for Special Presentations. Debby, Sutphin, Southampton AAU Basketball Association, provided the Board with a brief presentation on the Association and requested the Board give consideration in the amount of $1,500 to supporting the team financially. Supervisor Spady moved the Board defer action on the request to the June 4, 1998 meeting. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Chairman Claud recognized Charles Powell, President, of the Zuni Ruritan Club. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION RECOGNIZING ZUNI RURITAN CLUB'S 1998 GOLDEN JUBILEE WHEREAS, the Zuni Ruritan Club was chartered in Isle of Wight County through the efforts of 32 Zuni citizens who organized the Zuni Ruritan Club on July 21, 1948 with E. Roland Lewis serving as the Club's first President; and, WHEREAS, during the past 50 yeazs, the Zuni Ruritan Club has earnestly supported its community and citizens through direct personal assistance for 8~~~ ~~ ~~~r~~~ friends and neighbors, through sponsoring and/or organizing community improvement days, community fish fries, community. blood drives, and through many other worthwhile efforts, including the campaign to have a new U.S. Post Office building in Zuni; and, WHEREAS, Zuni Ruritan Club members have provided effective leadership at the Zone, District and National levels; and, WHEREAS, in 1998, after 50 years of Ruritan fellowship, goodwill and volunteer service to the community, the. Zuni Ruritan Club celebrates its Golden Jubilee. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Isle of Wight County. Board of Supervisors that the Zuni Ruritan Club be recognized and commended for 50 years of service to the Zuni community. BE IT FURTHER RESOLVED that June 6, 1998 be declared Zuni Ruritan Day in Isle of Wight County, Virginia, acknowledging 50 years of Ruritan fellowship, goodwill and community service. The motion was adopted unanimously (4-0). Sandra Councill, Ashley Chapman, Audrey Matney, James Parker, Nicky Rickter, Smithfield Middle School, members of the Community Future Problem Solving Team for Isle of Wight County/The Gate Closers :Five provided the Board with a brief presentation on overcrowding in the community and. schools, and their concerns with the Graymor project. // Chairman Claud indicated the following Consent Agenda included Item 2, A through D, and asked if there were any items for removal: A. Delinquent Real Estate Tax Collection Monthly Report B. April 16, 1998 VDOT Work Session Meeting Minutes C. April 16, 1998 Regular Meeting Minutes D. Apri121, 1998 Continued Meeting Minutes .Chairman Claud requested that the Regular Meeting Minutes of April 16, 1998 be corrected to reflect his motion on Page 22 to reappoint Gracie Porter for an additional three-year term on the. Commission on Aging representing the Windsor District. Supervisor Bradby moved the Boazd approve the Consent Agenda with the stated correction to the April 16, 1998 Regular Meeting. Minutes. The motion was adopted as follows: Claud, Bradby and Spady voting in favor of the motion; Cofer abstained on the April 16, 1998 meeting minutes stating he was not present 2 ~~ 1 1 eooK 1~ ~~r.~~~ZJ for the meeting; none voting against. // 1 Chairman Claud called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, presented a letter for the Board's consideration from C. C. Molleen, Assistant Resident Engineer, VDOT, dated May 5, 1998, requesting that Duke Street in the Town of Windsor be closed for a July 4th celebration from Church Street to the Windsor Library. Chairman Claud moved the Board approve the request. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Mr. Hartley referred to a letter from MacFarland Neblett, .Resident Engineer, VDOT, dated 5/11/98, in response. to Supervisor Bradshaw's and citizens' .,requests to evaluate existing markings and configuration at the intersection of Route 258 and 58 Business. 1 Supervisor Spady requested ` Mr. Hartley contact VDOT regarding improvements to Route 58/258 and advising that the reason. for this request is because of the City of Franklin's recent action to close its downtown to truck traffic. Mr. Hartley presented a copy of a sample letter and deed from VDOT to the remaining property owners along Muddy Cross Road requesting donation of additional right-of-way. Mr. Hartley distributed a letter from VDOT referencing the allocation of County primary and secondary funds available in the Revenue Sharing Program for FY97-98 in an additional amount of $25,000. Supervisor Cofer moved the Board authorize the addition of $25,000 in the Revenue Sharing Program for the Rural Addition Program. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. 1 Mr. Hartley noted that the VDOT Resident Engineer has advised staff that the Route 10 Bypass has been repaved and VDOT does intend to accentuate the yellow lines and add pavement reflectors. Regarding Supervisor Bradby's earlier request for a status of Emmanuel Church Road, Mr. Neblett has further communicated that all ditching work has been accomplished. // Chairman Claud called for Citizens Comments. 3 aooK 17 ~~~~726 At the request of the County Attorney, Mike Didawick, Project Manager, Blue Ridge Appraisal, updated the Board on the status of County's reassessment field work in response to concerns expressed by the Chairman of the Reassessment Board and the Board of Supervisors. The field work has been accomplished this week and 15,500 parcels have been completed. Blue Ridge Appraisal is in the process of completing an additional 266 parcels, as requested by the Commissioner of Revenue. Notices will be mailed to County residents on June 5, 1998, as requested by the Board of Assessors, with hearings to begin the following week. Blue Ridge Appraisal sees no problems in completing this project in a timely manner, stated Mr. Didawick. Evelyn Chandler recognized the Historical Society Members in attendance and reported that the Commonwealth Transportation Board had approved a second ISTEA grant in the amount of $200,000 for the Boykins Tavern Project. Steve Hudgins, Attorney representing Carl Langley, owner of Twin Ponds Mobile Home Park, appeared before the Board regarding the Windsor Sewer Collection Project noting Mr. Langley would ideally prefer to continue operating the sewage treatment plant on site, however, should this not be acceptable to the Board, Mr. Langley is seeking relief from the $500 per unit sewer connection fee or to be totally exempted from connection to the Town of Windsor Sewer Project. Chairman Claud acknowledged Mr. Langley's request and noted the Board would evaluate it. John Daniel (Dan) Roberts, Sr. appeared before the Board requesting recognition, of the "Seven Roberts Brothers' contribution to the County. Supervisor Cofer moved .that County staff draft an appropriate resolution for consideration at the Board's June 4,1998 meeting. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // Chairman Claud called for the Community Development report. Mr. Hartley distributed to the Board an updated draft copy of the Isle of Wight County FY1999-2003 Capital Improvement Program as proposed by the Board. // Chairman Claud called for the County Administrator's report. County Administrator Caskey referred to a proclamation presented to the Chairman at a ceremony on May 14, 1998 recognizing the week of May 16, 1998 4 BOQM ~ 1 ~A~~~7f~ I as National• Safe Boating Week which he recommends the Board endorse. 1 Supervisor Bradby moved the Board adopt a motion endorsing the Proclamation which designates National Safe Boating Week in Isle of Wight County. The motion was adopted as follows: Claud, Cofer, Bradby, and Spady voting in favor of the motion; none voting against. Supervisor Spady moved the Board- adopt the following resolution: COUNTY OF ISLE OF WIGHT RESOLUTION OF APPRECIATION TO FRANKLIN EQUIPMENT COMPANY WHEREAS, Franklin Equipment Company in Isle of Wight County, is a principal contributor to the quality of life and well-being of County residents; and, WHEREAS, it is important for the County to demonstrate public recognition for an industry that provides solid employment and workforce training for County citizens; and, u WHEREAS, Isle of Wight County recognizes the financial support that Franklin Equipment Company accords Isle of Wight County; NOW, THEREFORE, BE IT RESOLVED THAT, the County of Isle of Wight declares its appreciation and continuing support for one of Isle of Wight's largest industries -Franklin Equipment Company. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Supervisor Bradby moved the Board adopt the following resolution: COUNTY OF ISLE OF WIGHT RESOLUTION RECOGNIZING TIMBER-MAT DIFFUSION COMPANY'S ECONOMIC. CONSIDERATIONS IN ISLE OF WIGHT COUNTY WHEREAS, Isle of Wight County recognizes the importance of excellent trade relations with the European community; and, WHEREAS, Timber-Mat Diffusion's representatives have sojourned in Isle of Wight County, met with industry leaders and toured facilities; and, WHEREAS, Isle of Wight County supports all initiatives that may result from these meetings and looks forward to a continuing association with Timber- Mat Diffusion; NOW, THEREFORE, BE IT RESOLVED THAT, the County of Isle of 5 BQnlt ~~ ~k~'r~NV Wight adopts this resolution and proclamation supporting further endeavors and a strong economic relationship in the future with Timber-Mat Diffusion. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against.. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ELEVEN THOUSAND. EIGHT HUNDRED FOURTEEN DOLLARS FROM THE MUSEUM DONATIONS RESERVED FUND BALANCE TO INVENTORY AND ORGANIZE THE MUSEUM COLLECTIONS WHEREAS, the Board has approved the Museum. inventory and organization of Museum collections; and, WHEREAS, the funds in the amount of eleven thousand eight hundred fourteen dollars ($11,814) need to be appropriated from the Museum donations reserved fund balance to the appropriate line item in the 1997-98 budget of the- County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that eleven thousand eight hundred fourteen dollars ($11,814) be appropriated from the Museum donations reserved fund balance to the appropriate line item in the 1997-98 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 as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. County Administrator Caskey presented a request for the Board's consideration which was received from the Commissioner of the Revenue for additional salary funding. The Director of Budget and Finance has advised that a supplemental appropriation of $760 for part-time funding until the end of this fiscal year is in order and he would recommend the Board fund the line item. in the amount of $760, stated County Administrator Caskey. Supervisor Cofer moved the Board approve the request for $760 from the Contingency Fund. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. County Administrator Caskey presented a request by the Virginia Beach 6 1 City Manager seeking financial support in the amount of $500 relative to a Virginia Innovations Group (VIG) Conference and certain functions related to the speaker's .program which he recommends the Board approve. Supervisor-Claud moved the Board authorize the appropriation of the requested amount of $500 from the Contingency Fund in support of the VIG Conference. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. County Administrator Caskey presented a request in the amount of $30,000 including $15,000 as local matching funds from the Sheriffs Department to apply. for and receive funding for Highway Safety Programs. Sheriff C. W. Phelps addressed the Board and noted an increase this year in fatalities in the County and the enforcement of additional traffic laws should be considered. Sheriff Phelps stated he is requesting these funds to pay overtime for deputies to work special enforcement.: 1 Supervisor Spady moved the Board approve the grant with the stipulation that the local cash match will equal the amount of funds actually awarded by the Virginia Department of Motor Vehicles up to an amount not to exceed $15,000. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // At 7:00 p.m., Supervisor Cofer moved the. Board amend the order of the agenda to conduct the public hearings. The motion was adopted unanimously (4- 0). Chairman Claud called for a public hearing on the following: A. Appointment of School Board Member From Newport Election District County Attorney Crook advised a public. hearing is required because the Board of Supervisors now, appoints School Board members. The appointment can not be made for at least seven days after this public hearing and the appointment can only be of those who are nominated at this public hearing, advised County Attorney Crook. 1 Chairman Claud opened the floor for nominations. Fred Glanville, resident of the Newport District, nominated Barbara Olin. Don M. Argenbright and Jennings Lyon, residents of the Newport District, nominated George Bradby. 7 soon 17 ~~,;~73U Richard McManus and Wanda Anderson, residents of the Newport District, endorsed the nomination of Barbara Olin. .Chairman Claud closed the floor for nominations and called for comments from the Board. Supervisor Cofer moved the Board table action on this matter to the Board's June 4, 1998 meeting. The motion was adopted as follows: Claud, Cofer Bradby and Spady voting in favor of the motion; none voting against. Chairman Claud called for a public hearing on the following: B. .Isle of Wight County Proposed Operating Budget for FY1998-99 Anne F. Seward, Director of Budget and Finance, noted the Budget was properly advertised in the two. local newspapers with no increase in tax levies. Chairman Claud called for citizens to speak in favor of or in opposition to the Budget. Fred Stanton requested the Board reconsider its decision to cut the School Board budget by approximately $1.1 million which will negatively impact the students of the County. Linda T. Bean, Director of Social Services, spoke in favor of the proposed budget which. will meet the needs of the Social Services Department next year. Ms. Bean requested an increase in compensation for the Social Services Board members in an amount of up to $100 per month for the Chairman and $75 per month for each member. Herb DeGroft, resident of Hardy District, spoke in favor of the Sheriffs request for additional funds for his department. C. W. Phelps, Sheriff, Isle of Wight County, requested the Board approve his budget request as amended. Brad Face, resident of Smithfield, requested $6,250 for various upgrades to the Tourism office building. Mary Piland, President, Windsor Elementary PTA, requested the Board reconsider its reduction of the School Board's requested budget. Barbara Olin, President, Carrollton PTA, requested the Board reconsider its reduction of the School Board's budget request and restore $753,200 to their budget. Joe Spivey, Jr., President, Hardy Elementary PTA, requested the Board s BOQK •~~ :~..r71,~ reconsider its reduction ofthe-School Board's budget request. 1 Chairman Claud closed the°public hearing and called for comments from the Board. Chairman Claud noted the Board will be holding another work session on the budget and would therefore not be taking any action on it tonight. Chairman Claud called for a pubic hearing on the following: C. .Refinancing of School's VRS Early Retirement Obligation Ms. Seward recommended the Board adopt the resolution contained in its agenda authorizing the issuance of this Note which will result in an estimated savings to the County in the amount of $36,760 in interest costs over the life of the loan. Chairman Claud called for citizens to speak in favor of or in opposition to the refinancing. Upon no one appearing, Chairman Clain closed the public hearing and called for comments from the Board. 1 Supervisor Spady moved the Board approve the following resolution: A RESOLUTION OF THE BOARD OF SUPERVISORS QF ISLB OF WIGHT COUNTY, VIRGINIA AUTHORIZING THB ISSUANCB AND SALB OF A TAXABLE GENERAL OBLIGATION REFUNDING NOTE Isle of Wight County, Virginia (the "County"), ,is obligated to make certain annual payments (the "VRS Obligation") to or on behalf of the Isle of Wight County School Division to pay to the Virginia Retirement System (the "VRS") the Isle of Wight County School Division's early retirement program costs as set forth in the Memorandum dated May 15, 1992 from the Director of the Virginia Retirement System to Division Superintendents and Financial Officers of Public School Boards. The Board of Supervisors proposes to issue a general obligation refunding note of the County to refinance the vRS Obligation at a lower rate of interest. • NOW, THEREFOR, BB IT RESOLVED BY THB BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1 1, Antho ?2a _i on of Alote nd CTae o€ Pr_oceed4. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell the County's general obligation refunding note (the "Note") in the maximum principal amount of $791,293 pursuant to Article 5 of the Public Finance Act of 1991, Chapter 26, Title 15.2, Code~of~Vrginia of 1950, as amended (the "Act"). The issuance and sale of the Note is hereby authorized. The proceeds from the issuance and sale of the Note shall be used to refund the VRS Obligation and to pay the costs of issuing the Note. 9 soon ~~ .,a~„7~ 2. P P ge °f Pi,~ ~ Fay; rh and rp~1i i_ The full faith. and credit of the County are hereby irrevocably pledged: for the payment of the principal of, premium, if any, and interest on the Note as the same become due and payable. The Board. of Supervisors shall levy an annual ad vaiorA,n tax upon all property fn the County subject to local. taxation sufficient to pay the principal of, premium, if any, and interest on the. Note as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3 . Deta; ~ s and SBlP ^.._...f~~. The Note shall be issued and sold in such manner .(including competitive or negotiated sale) as the County Administrator may determine and upon the terms established pursuant to this Resolution .and upon such other terms as may be determined by subsequent resolution of the Board of Supervisors. 4. Form of No .~ The Note shall be in substantially the form attached to this Resolution. as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or by subsequent resolution of the Board of Supervisors. There may be endorsed on the Note such lectend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5. Fx „r;on o t~To A The Chairman and the Clerk of the Board of Supervisors of the~County are authorized and directed to execute an appropriate negotiable Note and to affix the seal of the County thereto and to deliver the Note to the purchaser thereof upon payment of the purchase price.. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Note shall not be valid until signed at the foot thereof by the manual signature of the Note Registrar for the Note. 6. Further A~r;ona, The County Administrator, the County Attorney, McGuire, .Woods, Battle & Boothe LLP, as bond counsel, and the Chairman of the Board of Supervisors and such officers and agents of the County as any of them may designate are authorized and. directed to take such further action as they deem necessary regarding the issuance and. sale of the Note and the matters set forth in this Resolution and all actions taken by such officers and agents in connection with the issuance and sale of the Note are ratified and confirmed. 7. Effpnti~.o D3 a, This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Isle of Wight County, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular meeting of the Board of Supervisors of Isle of Wight County, Virginia, held on May 21, 1998. Clerk, Board of Supervisors, Isle of Wight County, Virginia C D to Boca i7:~::~7:33 Exhibit A FORM OP NOTB 1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA No. R-1 ISLB OF WIGHT COUNTY TAXABLE GENERAL OBLIGATION REFUNDING NOTE, SERIES 1998 1 1 MATURITY DATE INTEREST BATH ~ CUSIP July 16, 2003 REGISTERED OWNER: PRINCIPAL AMOUNT: SSNEN HUNDRED NINETY ONE THOUSAND TWO HUNDRED NINETY THR$E DOLLARS ($791,293) ISLE OF WIGHT COUNTY, VIRGINIA ("County"),-for value received, acknowledges itself indebted and promises to pay, in installments as set forth oa the attached Schedule, to the registered owner of this Note or legal representative, the principal amount stated above by the meaturity date set forth above and to pay interest on the principal amount of this Note at the rate specified above per annum, payable annually on July 16, beginning oa July 16, 1999. This Note shall bear interest: (a) from July 16, 1998, if-this Note is authenticated before July 16, 1999; or (b) otherwise, from the July 16 that is, or immediately precedes, the date on which this Note is authenticated; provided .that, if at the time of authentication of this Note, interest on this Note is in default, this Note shall bear interest from the . date to which interest has been paid. Both principal of and interest on this Note are payable in lawful money of the United States of America. The principal of this Note is payable upon • presentation and surrender hereof at the office of as Note Registrar and Paying Agent ("Note Registrar"). Interest oa this Note is payable by check .or draft mailed to the regi$tered owner hereof at its address as it appears on the registration books maintained by the Note Registrar without presentation of this Note; provided that, as long. as Cede & Co. is the registered owner of this Note, interest shall be paid by wire transfer. All interest payments shall be made to the registered owner as it appears on the registration books kept by the Note Registrar on the fifteenth day of the month preceding each interest payment date. TIME ST ON THIS DTOT'S IS ItdCL.ODABE.R IN THS INCQ~B OF T88 OF TINS 1CfOTg FOR FRUERAL INCQ'~FE TAZ PURPOSRS AND ZS TBTR8FOR8 SIIBJRCT TO FSDffitAL INCOgEE TAZATZOPI. This. Note .has been duly authorised by the Board of Supervisors 'of the County and is issued for the purpose of refunding the obligation of the County~s School Division to make certain payments to the Virginia Retirement System. The full .faith and credit of the County are irrevocably pledged for the payment of the principal of, premium, if any, and interest oa this Note is accordance with its terms. This Note is issued under the authority of and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the Public Pinance Act of 1991, Chapter 26 of Title 15.2 of the Code of Virginia of 1950, as aa-ended, and resolutions adopted by the Board of Supervisors oa May 21, 1998 and July 2, 1998 ("Resolutions"). 11 eooK 47::,;:-734 The County will not have the option of prepaying this Note prior to its maturity. , Thfs Note may be transferred only by as assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in a form satisfactory to the Nate Registrar. Such transfer shall be made in the registration books kept by the Note Registrar upon presentation and surrender hereof and the County shall execute, and the Note Registrar shall authenticate and deliver in exchange, a new Note having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner hereof or such owner's attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Note Registrar may charge the person .requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The County may designate a successor Note Registrar and/or paying agent, provided that written notice specifying the name and location of the principal office of any such successor shall be given to the registered owner of the Note, Upon registration of transfer of this Note, the Note Registrar shall furnish written notice to the transferee of the name and location of the principal office of the Note Registrar and/or the paying agent. The Note Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the 15th day of the month preceding each interest payment date, This Note shall not be valid or obligatory for any purpose unless and until authenticated at the foot hereof by the Note Registrar. It is hereby .certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen,. exist or be performed precedent to the issuance of this .Note have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by this Note is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia, has caused this Note to be signed by the facsimile signature of the Chairman of the. Board of Supervisors, a facsimile of its seal to be affixed and attested by the facsimile. signature of its Clerk and this Note to be dated _, 1998. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Chairman Claud called for a public hearing on the following: D. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County Requirements for Approval of Plats IVIr. Hartley noted the proposed Ordinance adds a requirement that all plats be submitted in digital and paper form to allow this information to be easily incorporated into the County's geographic information system and tax mapping system. In addition, -the Ordinance will increase to ten (10) the number of copies _ _ _ that are submitted for review by staff. 12 eo~~ 17 :r~ 735 Chairman Claud called for citizens to speak in favor of or in opposition. to the Ordinance. 1 Upon no one appearing, Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY REQUIREMENTS FOR APPROVAL OF PLATS BE IT AND IT IS HEREBY ORDAINED that Sections 5-1, 5-3 and 5-7 of the Subdivision Ordinance of Isle of Wight County, Virginia, be amended respectively to read as follows: 1 Whenever any subdivision. of land is proposed, and before any permits for the. erection of a structure shall be granted, the subdivider or his agent shall apply in writing to the subdivision agent for the approval of the subdivision plat and submit ten (10) paper copies of the preliminary plat including lot, street and utilities layout. In addition to the paper copies of the preliminary plat, the subdivider shall submit a digital copy of the plat in a format established by the subdivision agent. Inc cases where the subdivider is not able to submit a digital copy of the preliminary plat, the subdivider shall pay any cots. incurred by the County to have said plat converted into digital form. No lot shall be transferred by deed until a final plat for the subdivision shall have been approved and recorded in the following manner. For subdivisions often (10) lots or more, the subdivider shall present to the commission ten (10) prints of a preliminary layout at a scale of one hundred (100) feet to the inch as a preliminary plat.. The preliminary plat shall include the .following information; 5-3-1. Name of subdivision, owner, subdivider, surveyor or engineer, date of drawing, number of sheets, north point and scale. If true north is used, method of determination must be shown. 1 5-3-2. Location of proposed subdivision by an inset map at a scale of not less than two (2) inches equal one (1) mile showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks. 5-3-3. The boundary survey or existing survey of record; provided, such survey shows a closure with an accuracy of not less than one in twenty-five .hundred; total acreage, acreage of subdivided area, number .and approximate area and frontage of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines _ within the boundaries of the tract and adjoining such boundaries. soon ~. ! ~:~:~ ~`~6 5.7. Final plat. The subdivision plat submitted for final approval to the agent and subsequent recording shall be clearly and legibly drawn at a scale no smaller than two hundred (200) feet to the inch, and there shall be at least ten. (10) copies. In addition to the requirements of the preliminary plat, the final plat shall include the following: 5-7-1. A blank oblong. space three inches by five inches shall be reserved for the use of the approving authority. 5-7-2. Certificates signed by surveyor or engineer setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title. 5-7-3. A statement to the effect that the subdivision as it appears on this plat is with the free consent and in accordance with the desires of the " owners, proprietors and trustees, if any, which shall be signed by the . owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgements of deeds. 5-7-4. When. the subdivision consists of land acquired from more than one source of title the outlines of the various tracts shall be indicated by dash lines, and identification of the respective tracts shall be placed on the plat. 5-7-5. The accurate location and dimensions by bearings -and distances with all curve data on all. lots and street lines and centerlines of streets, boundaries of all proposed or existing easements, parks, school sites, all existing public and private streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and. underground conduits including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundaries. 5-7-6. Distances and bearings must balance and close with an accuracy of not less than one in ten thousand. 5-7-7. The data of all curves along the street frontage shall be shown in detail in the curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Chairman Claud called for a public hearing on the following: n i~ BOCK ~ 1 •,.; ~~_)7 1 E. •The application of Fred E. Atchley, Jr. ~'& Geraldine P. Atchley, owners and PrimeCo Personal Communications, lessee, to construct a communication tower. Said tower is 300 feet in height and an equipment-pad will be located adjacent to the base of the tower. The application site is located off the east side of Holly Run Drive (Route 615) accessed by County Lane in Windsor Magisterial District. Chairman Claud called for citizens to speak in favor of or in opposition to the proposed application. Glen Hampton, Attorney representing PrimeCo Personal Communications, spoke in.favor. Attorney Hampton stated the proposed site is substantially away from the road in a heavily wooded area and the setbacks are more than 300 feet from any property lines. Further, PrimeCo will cooperate to allow co-location on this tower so that other users will be able to utilize this facility to provide coverage to the County, stated Attorney Hampton. Herb DeGroft asked what measures the tower has to preclude aircraft from hitting it in the dark. Attorney Hampton noted the applicant has contacted the FAA and will comply with any and all FAA requirements which do require a light on the tower. 1 .Chairman Claud closed the public hearing and called for comments from the Board. Hearing no comments from the Board,. Chairman Claud moved the Board approve the application. The. motion was adopted as .follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Chairman Claud called for a public hearing on the following:. F. The application of Lewis E. Carr, owner and Eddie H. Belcher, prospective owner, for a change in zoning classification from RAC, Rural. Agricultural Conservation, to RR, Rural Residential, approximately 1,25 acres of land located off Walters Highway (Route 258) on the east side of Little Norfolk Road (Route 634), in Windsor Magisterial District. The purpose of the application is for creation of a single family residential lot. 1 Mr. Hartley noted for. the record that staff had received a call from Ms. Belcher who, due to a family emergency, is unable to attend the public hearing this evening.. Chairman Claud called for citizens to speak in favor or in opposition to the proposed application. 15 Boon 17:x:-7~8 Upon no one appearing, Chairman Claud closed the public hearing and called for comments from the Board. County Attorney Crook noted the Planning Commission had a problem because this was not a conditional residential zoning and thus there were no cash proffers to offset fiscal impacts on the County. Supervisor Cofer moved the Board approve the application. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Chairman Claud called for a public hearing on the following: G. The application of Bruce R. Spady for a change in zoning classification from RAC, Rural Agricultural Conservation, to C-SE, Conditional Suburban Estate, approximately seven (7) acres of land located off Gayle Way (Route 693) on the south side of Mallard Cove Lane, in Newport Magisterial District. The purpose of the application is for the creation of one (1) single family residential lot, as conditioned. Chairman Claud called for citizens to speak in favor of or in opposition to the proposed application. Bruce R. Spady spoke in favor of the .application. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradby moved the, Board approve the application, as conditioned. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Chairman Claud called for a public hearing on the following: H. The application of Thomas L. Newton, Jr. and Thomas S. Word, trustees for a change in zoning classification of approximately 609 acres of land. currently zoned NC-Residential General, General Industrial and- General Commercial, Approximately 87 acres is proposed to be rezoned to Conditional General Commercial and approximately 522 acres is proposed to be rezoned to Conditional Planned Development Residential. This property, known. as the Springfield Tract and formerly part of the Graymor Development Plan, is located on the east and west sides of Carrollton Boulevard (Route. 17) in Newport Magisterial District. The purpose of the application is for general commercial development, single family residential and multi family residential development as conditioned. 1 1 16 soon 17:~;~73~ 1 Mr. Hartley provided the Board with a brief introduction of the application. He stated that the application was considered back in 1974 as the Graymor property. The proposed application is only one portion of the property that was approved back in 1974, which is called the Springfield Tract, the Norsworthy Tract is not part of this application. Mr. Hartley stated that the Planning Commission held its Public Hearing on December 9, 1997 and following the Public. Hearing, the Planning Commission has met at least three (3) times at their regular meetings to discuss the Graymor project. He stated the County had a Fiscal Impact Analysis prepared by Tischler and Associates which has been distributed to the Board. At the Planning Commission meeting on April 2, 1998, the Commission recommended approval of the application, as conditioned, in~ a 5-4 vote. Mr. Hartley stated that during the closing discussion of the application, there were two (2) items that were pointed out by more than one Commissioner. The first item was the concern that the residential development should be tied more to the build-out' of the commercial development. The second item was a concern of the lack of detail that was included as conditions attached to the rezoning request. The Commissioners felt that it was less than what would be expectedin the scope of a project of this size and nature. Mr. Hartley informed the Board that a staff analysis had been provided to them in their package. Chairman Claud called for persons to speak in favor of the application. 1 u Branch Lawson, President of the Hampton Roads Division of East West Partners, prospective joint venture partner, appeared before the Board on behalf of the applicant. Mr Lawson stated that East West Partners has been actively involved in community development within isle of Wight County for about ten (10) years. East-West is currently developing quality recreational oriented, life- - style communities in Virginia, North Carolina, Georgia, Florida and Colorado. He stated the :proposed application constitutes adown-zoning of mast of the. property. The only part of the property that could be considered an up-zoning is the commercial land from the 1974 zoning of thirty-seven (37) acres to eighty- two (82) acres... All of that was zoned multi-family in 1974. If the community was built out to the maximum extinct possible under the 1974 zoning, an excess of 4,200 residential .units could be built according to Mr. Lawson. Mr. Lawson stated that the current request is a compelling choice for the following reasons: (1) with the greater ratio of single-family homes to multi-family, property value per household and per capita would be much higher than what the current zoning is; (2) offers more than twice as much commercial than the current zoning, these two (2) factors. alone would provide for a much more solid tax base for the County; and (3) the contribution and the proffers are much more attractive to Isle of Wight County. The current proposal,. in terms of the physical impact to the County, is better than the "as zoned" scenario over a 20 year period and the community as developed under the new proposal would be much more attractive and eye pleasing than the current zoning. Based on the fiscal impact and economic impact studies, other. positive benefits of the proposed rezoning are a net positive cash flow in excess of 10 million dollars over a 20 year period, 358 jobs would be generated strictly from the vertical construction of the residential 17 809K ~~ fzr;~~ro and non-residential areas, based on the fiscal impact and economic impact studies. Mr. Lawson presented maps showing the location of the property to be rezoned . He also presented slides and pictures showing communities .such as Galling Pointe; Galling Pointe South; Woodlake Community; County Lake- Atlanta, Georgia; Eagle Harbor Entrance-Jacksonville, Florida; and a neighborhood shopping center -Midlothian and Richmond which East West Partners has developed. He showed examples of the types of homes that would be built in the Graymor community if approved. Mr. Lawson stated that they will do the best job they can with the property and that it would be developed, either under the old plan or the new plan. Mark Edwards, resident of Isle of Wight County, spoke in favor of the application. Mr. Edwards stated that he has been fortunate to have worked with East West Partners for over ten (10) years. He has seen first hand, their commitment to excellence at Galling Pointe and Galling Pointe South. He has also visited other communities developed by East West and would be proud to live in any community that East West Partners has developed. Mr. Edwards stated that the proposed plan is a better looking plan than the 1974 plan, less town houses and apartments, more single family, and double the commercial acreage. He thinks the new plan is better. Mr. Edwards asked that the Board please consider the credibility of East West and their commitment to excellence. Wes Aulens, resident of Isle of Wight County, spoke in favor of the application. Mr. Aulens stated that it is quite evident that somewhere down the line this .property is going to be developed. East West has shown .their professionalism and their ability to provide quality development. He would much rather see it developed by East West as opposed to any other way. Mr. Aulens, stated that as a business owner, he would have great interest in relocating or branching out to be a part of the proposed development. Dan Schoenster, President of Carisbrooke Community Association, representing about 160 homes, spoke in favor of the application. Mr. Schoenster stated that he has discussed this issue at length with the community. The Carisbrooke Community is located on the back side of the proposed rezoning; therefore, they have a keen interest in what happens and a keen interest in being good neighbors. He asked that the. Board focus their attention on the rezoning. Mr. Schoenster stated that the proposed rezoning is a viable and good option and he feels the proposed rezoning is a better option than the current zoning. Kathy Garrett, resident of Carisbrooke for the past 21 years and Vice President of the Carisbrooke Community Association spoke in favor. of the application. Ms. Garrett stated that she would love to see Carrollton stay as it is but she is a realist and it is impossible to stop growth.. She stated that the developers met with Carisbrooke residents earlier this year and she was very impressed with their proposal. Ms. Garrett .stated the residents would much prefer to have single-family homes in front of Carisbrooke rather than the original 1974 plan for rental units and a nice shopping center and office 1 1 [l ~s B00~ ~~ ''M~~r 131 complexes versus the type of inexpensive buildings that we already have enough of on Route "17. She feels the developers will enhance Route 17 and make it very attractive to passerbys and future Isle of Wight residents. Ms. Garrett stated she hopes .the Board .will vote yes to the proposed zoning. 1 1 Evelyn Chandler appeared stating that she was in support of the Graymor Development Plan along the Highway Corridor 17 in the Northeast Development Service District of Isle of Wight County. She stated that she had served on the Planning Commission for eight (8) years and during that period, the Comprehensive Plan was written and adopted. in May of 1991. Preparation of a Comprehensive Plan is the legal responsibility of the County Planning Commission and any ordinance pertaining to the .use of land or the growth and development of the County should conform to the goals, objectives and policies as they are presented in,the Comprehensive Plan stated Mrs. Chandler.. One of the goals and objectives of the Comprehensive Plan is to direct the majority of future County development to areas already or proposed to be served with adequate public facilities such as sewer, water and roads stated Mrs. Chandler. The Comp Plan directs the County's growth to the Northeastern Service District to be the principal residential and commercial. center of the County stated Mrs. Chandler. There are four. (4) things that control growth (1) zoning, {2) available water,. (3) sewerage and (4) the Comprehensive Plan she said. A mixed use development plan is far better than any group of rental apartments. We need the commercial base that this development will bring having lost commercial property through annexation and we need a source of entertainment recreation that this development will. bring stated Mrs. Chandler, Mr. Lawson and East West Partners have exemplified honest, integrity and a vision for beautiful neighborhoods. Mrs: Chandler asked that the Board vote yes on the proposed application as it is exactly what the Comprehensive Plan designates. Austin Knight, eight (8) year resident of Isle of Wight County spoke in favor of the application. Mr. Knight stated that his only hope is that the Board will have high priorities for the quality of the track record of the developers. Eric Thompson, 1549 Holly Drive, spoke in .favor of the application. Mr. Thompson stated that East West has built a great property for us here in Isle of Wight County. If the property is going to be built on, which it will be, then lets have it controlled by someone who has a track record and someone who has the pockets deep enough to do it right, stated Mr. Thompson. Mr. Robertson handed out separate letters to the Board in support of the application from Russ Hohmann and Gina & Tom Ipplito, 1 Chairman Claud called for persons to speak in opposition to the application. Thomas Fenderson, Sugar Hill Road, Carrollton, spoke in opposition of the application. Mr. Fenderson was concerned about what Graymor would cost Isle 19 BOOK ~~ >A;,~`~47 of Wight County. He stated that the Tischler study developed five (5) scenarios that ranged from. a deficit of minus 9 million dollars to a minus 22 million dollars. The minus 9 million dollars scenario. visions 1,500 residential units being built and 87 acres of commercial property being developed over the first six (6) years stated Mr. Fenderson. He stated that this is just not realistic. He stated that when you compare it to Newport North and South in Newport News, it is more acreage than both shopping centers put together. He stated his concern _ about the potential vacancy of commercial space as is occurring at New Market North and South. If that City cannot maintain shopping in Newport News, with a six (6) lane highway, heavy traffic in the middle of the City of 170,000 people,. how can Graymor imagine they can develop 8? acres. of commercial property. He stated that Scenario C of Tischler's study is the most realistic scenario that he sees for Isle of Wight County and this scenario envisions a cost to the County of minus 22.8 million dollars. Tischler's study calculates. 800 new students which overlooks the. additional 15% of approximately 925 students in the private school system. The County will need to add another 15% to the school cost which is 15 million dollars over 20 years (2.24 million dollars), and utility funds of 4.4 million dollars, it all totals to 29.6 million dollars he stated. Mr. Fenderson stated that it will cost the County almost 30 million dollars if this project is developed. The County needs to consider, along with the Graymor property ,the Norsworthy property because the developers could come back in 2, 3 or 4 years and ask to rezone and build another thousand units. Altogether, it could cost the County 50 million dollars. The policy the Board sets for Graymor tonight is likely to be the policy that will be set for the Norsworthy property Mr. Fenderson stated. The County cannot absorb this huge growth with only 25,000 people. Mr.1~endersori requested the Board hire a lawyer who specializes in zoning laws. He questioned whether the developers have vested rights for the existing zoning. Mr. Fenderson stated his concern over the saltwater intrusion and drop in groundwater levels. He also stated that there were no signs on Whippingham Parkway indicating the rezoning request and that he had observed that many of the signs on both sides of Route 17 are in excess of 500 to 1000 feet, as are some of the signs on. Smith's Neck Road. Mr. Fenderson stated that 1,400 units area ` lot better than 1,800 units and that there needs to be cash proffers added to the request and these is a need to get the project smaller, it is too big. Herb DeGroft, Hardy District, spoke in opposition to the application.. Mr. DeGroft stated that growth is really inevitable, but which is the way to go. There will be water problems relative to salt intrusion and fluoride he stated. There will be a great impact on schools and .additional funds. Mr. DeGroft stated his concern about high energy electromagnetic. impacts from nearby electrical lines . and the effects on humans.. He stated that nobody is questioning the integrity of the.developers or the quality of the communities that they have put on the map, but the citizens are concerned about the financial cost to Isle of Wight County . and the effect on the quality of life. Mr. DeGroft suggested the Board establish a special. taxing district which would help pay for some of the cost for the development and set a number on how many building permits can be issued County-wide each year for Graymor.. He stated that what we really want is 20 soh ~.i -;.; ~; ~~ 1 1 controlled growth: and to have conservative growth over a longer period of time to minimize the impact on Isle of Wight financially and from a quality of life. standpoint. Mr. DeGroft stated that unless the Board makes these amendments, he would.. suggest the Board vote no to this. application. Pat Clark, 22026- Twin Hill Lane, Carrollton, spoke in opposition to the application. Mr. Clark stated that he had spoken against the Comprehensive Plan when it was presented in 1990 and 1991 because of the size of the Northeastern Service District and what it means and what it would do to the Carrollton area. He acknowledged that the Comprehensive Plan is only a tool to help. manage growth. The: present Comprehensive Plan Advisory Committee should seek to cut down on the magnitude and expansiveness_of the Northeastern Service District stated Mr. Clark. Graymor should limit the number of units they are proposing to less than 1500 units to minimize the impact on the infrastructures of the County's. water, schools, traffic, police and fire protection he stated. Mr. Clark stated they should look again at fair share requirements. of the Comprehensive Plan. and include volunteer proffers per .unit... Recently, he listened to the Planning Commission considering an applicant to rezone'three (3) small lots. A Commissioner encouraged the applicant to volunteer a cash proffer of $1,500 each orrtwo (2) of the three (3) lots,. the applicant agreed. During-the Graymor hearings, Commissioners did not pressure Graymor fora $1,500 .volunteer proffer per lot.. He questioned if there were different standards for developers and individual citizens. During the Planning Commission meeting on Graymor, one member suggested that the residential development be put on a schedule tied to commercial development stated Mr. Clark. Mr. Clark acknowledged this was an excellent suggestion given very little consideration. The Board should seek a higher opinion from the proper State legal authorities on aspects of vested rights he stated. He further advised that a major discrepancy had gone unnoticed by.the Planning Commission and it involves the application for rezoning submitted by Graymor in 1997. The 1973, 87 acres and the 1974, 312.7 acres otals 399.7 acres, not 608.5 acres. Also, complicating the picture is the developers subdivided and sold approximately 22 acres to Blackwater Baptist Association and VDOT he stated. In addition, 24 acres were designated for schools. If 87 acres are rezoned commercial, then the residential is reduced to 266.3, not 522,. and all other land is still zoned agriculture and could impact the location of roads, entrances, easements and wetlands noted Mr. Clark. He stated that the above information was.gathered from the official minutes of the Boazd of Supervisors, and the formal Graymor application for rezoning on file in the Planning Office signed by Mr. Newton and Mr. Word. If there are official documents that take precedence over or supersedes the certified minutes of the Boazd of Supervisors then the previous data /statistics may be invalid and will not impact the Graymor property process stated Mr. Clark. However, if they are correct, then the Graymor application for rezoning has been submitted improperly and should. be disapproved by the Board of Supervisors. He submitted for the record certified copies of the 1973 and .1974 Board of Supervisors minutes, a copy of the item's public notice advertising the Graymor application, a copy of the 1997 Board of Supervisors minutes in which the 21 804K 1~ -~;;~~~~ County Attorney had stated that what is in the tapes does not matter, it is what the minutes reflect as the official action of the Board and a copy of the Town of Rocky Mount vs Southside Investor and Senate Bill #570 reflecting the zoning. Mr. Clark requested that any future meetings of the Board considering Graymor be conducted at night so that working citizens can attend. Curtis Peterson, Rescue, spoke in opposition to the application. Mr. Peterson addressed the cost of future law enforcement and water supply.. He stated that the minimum cost to keep one (1) man on duty , 365 days a year, 24 hours a day would cost $110,000 a year. A number of assumptions are also being made about the availability of water to meet the need of the proposed development, including the cost and availability over the long term he stated. Mr. Peterson strongly urged that large wells be discouraged, especially near the river and that actions that potentially affect the future habitability of the County be carefully considered. Judy Caldwell, Seagull View Lane, Carrollton spoke in opposition to the application. Ms. Caldwell stated that she was worried about the traffic that the Graymor development will bring. She currently drives a school bus and it is already a dangerous problem getting in and out of Smith's Neck Road she said. She stated there is a problem with the Rescue Bridge which has not been rebuilt. The James River Bridge which is a main artery, will be a major traffic jam with the Graymor development and the bridge lifts, traffic accidents and .shipyard traffic she stated. She concluded by stating that the location for the .development is a poor choice and will choke the County. Leonard Miller, 102 Kay Court, Carrollton spoke in opposition to the application. Mr. Leonard stated that the development of this project is a particular concern with regard to disruption of habitat for endangered species. He questioned East West plans to do about the environment and the wetlands and if they had submitted an Environmental Impact Study. He also questioned if they had received anything from the Army Corps of Engineers. Mr. Miller also had concerns about the air quality impact during construction, what was going to be done about green space, and what kind of buffers will there be along Route 17. Joe Ferguson, Dews Plantation Road, Hardy District, spoke in opposition to the application. He stated the Board should use every legal tool that it can to limit the type and number of residences on the property. He then referred to the Rocky Mount zoning dispute for controlled growth. The citizens of the County will have to pay for the water system and build more schools he stated. After this case is settled, they will be back wanting to develop another 1,000 or so homes on the adjacent. 160 acre parcel which was rezoned in 1974. He questioned whether the County had gotten a commitment from the developers as to what the project will look like when finished. Mr. Ferguson requested that the Board make the developers pay .for their own water and use every ordinance and conditional use permit to limit the number of residences on the property. 22 eoe~ ~ 1 -r.:;. ~] -Becky Gwaltney, a thirty (30) year resident, Hardy Disti ict, spoke in opposition to the application. Ms. Gwaltney .stated that she hopes the Board will cazefully consider what they will allow the growth to be in the County. She stated that we lose a sense of community when we grow so much and so fast. She requested the Board please consider carefully what happens in this development within the County. Richard Cassell, a thirty (30) year resident, Carrollton, spoke in opposition to the. application. Mr. Cassell stated that he lives near the marsh and was worried about the stormwater runoff from the construction. He also stated that the Board should make sure that the development has sediment ponds. 1 Stan Clark, Carrollton, spoke in opposition to the application. Mr. Clark stated that the County needs to control growth, especially in the Newport District. The Comprehensive Plan sells the Newport District out and something needs to be done about it he said. It calls for high density and commercial development in the Newport District. The Comprehensive Plan needs to go back to the Planning Commission and eliminate the prejudice and discrimination as it crow exists in the zoning ordinance and Comprehensive Plan stated Mr: Clark. ~He also stated that if any of the legal notices, posters, legal descriptions, procedures matters, or acreage are inaccurate, the application is flawed and should be remanded to the Planning Commission. If remanded to the Punning Commission, then the members should not have any conflicts of interest with the application he stated. Mr. Clark concluded. by stating we need to get control of growth and the Comprehensive Plan is the-way to do it. Richazd McManus, Smithfield, spoke in opposition to the application. Mr. McManus stated that the County is very lucky to be dealing with East West Partners. The true twist is dealing with residential and commercial development and the size. He stated everyone is concerned about controlled growth. It all comes down to four (4) questions that. need to be answered yes to: (1) Is the development paying its fair share of the cost impacts to the community? (2) Has the size of the development been held to a size that is manageable? (3) Does the Graymor property truly have vested rights? and (4) Will Graymor be a true asset to the community? Mr. McManus stated that unless the answer is yes to all four (4) questions, then the Board is obligated to vote no to this application. 1 Harry Cassell, a thirty (30) year resident, spoke in opposition to the application. Mr. Cassell stated that he could not get beyond the fact that if the Board didn't approve the application, the developers would build all this rental property, and he did not like that at all. He also stated that he hopes that deep pocket money would not be the reason this application gets approved. He does not.think the Grays would want to have their name tied to a big project of rental property. Mr. Cassell stated that the County should not make the same mistakes as in the past and should try to control growth. Chairman Claud closed the public hearing and called for comments from 23 BOQp 1~ ~~;~ i ~fj the Board. Supervisor Cofer moved the Board and County staff schedule a work session/continued meeting for June 1, 1998 at 7:00 p.m. to go over concerns and information that was presented by citizens and to table action on the application to the Board's June 18, 1998 meeting. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor ofthe motion; none voting against. // At 9:45 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (4-0). Supervisor Spady moved the Board return to the regular order of the agenda at 9:55 p.m. The. motion was adopted unanimously (4-0). // Chairman Claud called for the continuation of the .County Administrator's report. County Administrator Caskey reminded the Board that the dedication of the household hazardous waste collection is scheduled for tomorrow. at 10:00 a.m. at the SPSA/Isle of Wight Transfer Station. Supervisor Cofer moved the Board appoint Supervisor Spady as the alternate representative to the Western Tidewater Water Authority. The motion was adopted as follows: Claud, Cofer, Bradby. and Spady voting in favor of the motion; none voting against. County Administrator Caskey noted at the organizational meeting of the Western Tidewater. Water Authority held on May 8, 1998, the Authority adopted a motion that a sum of $50,000 be appropriated from each member jurisdiction to serve as a loan to the Authority relating to consulting fees and he .would recommend the Board favorably consider authorizing such an appropriation. .Chairman Claud moved the Board appropriate $50,000 from the unappropriated fund balance as a loan to the Western Tidewater Water Authority. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. loan. County Attorney Crook noted he would prepare an appropriate Note for the 1 ~l // 24 ri aa~~ ~ 17 ~~;~747 Chairman Claud called for Old Business. There was no old business offered for discussion by .the Board. ,ilk // Chairman Claud called for New Business. There was no new business offered for discussion by the Board // Chairman Claud called for Appointments. Supervisor Spady moved the Board reappoint G. Martin Watkins.to the Board of Zoning Appeals representing the Newport District for an additional five-year term which will expire in May of 2003. The motion was adopted unanimously (4-0). Supervisor Spady moved the Board reappoint Carroll E. Keen, Jr. to the Industrial Development Authority representing the Newport District for an additional four-year term which will expire in April of 2002. The motion was adopted unanimously (4-0). 1 // Chairman Claud called for the County Attorney's report. County Attorney Crook presented a letter he prepared for the Industrial Development Authority defining its role in accordance with the wishes of the Board which he would like the Board to review before he forwards: to the Authority members. Supervisor Spady moved the Board table the matter until. the June 4, 1998 meeting. The motion was adopted unanimously (4-0). County Attorney Crook presented a resolution .regarding the Economic Development Committee as requested by the Board at its previous meeting concerning a change of representation and statement of its purpose. Supervisor Spady moved the Board table the matter until the June 4, 1998 meeting. The motion was adopted unanimously (4-0). 1 County, Attorney Crook presented a resolution for the Board's consideration regarding a policy on the distribution of outside communication materials, as requested by the Board previously. Supervisor Spady moved the Board table the matter until the June 4, 1998 25 800K / :,;;~ ~ 8 meeting. The motion was adopted unanimously (4-0). County Attorney Crook noted he had prepared a lease for the YMCA which he forwarded to the County Administrator. County Administrator Caskey noted he had hand delivered the lease to the YMCA upon receipt of same from the County Attorney, but had not as yet received a response. County Attorney Crook noted he spoke by telephone with the financial consultant on the Windsor annexation study area which has been. delayed because of incomplete census information. Once the additional information is obtained, the County should have the report shortly thereafter noted County Attorney Crook. County Attorney Crook distributed a copy of the PrimeCo lease on their proposed .communication tower for the Board's review. He stated he wants the Board to be sure that it understands what the lease entails which is to construct the tower at PrimeCo's cost with a lease for twenty-five (25) years at no rental and the County and PrimeCo may allow a third party to use the tower. County Attorney Crook noted it bothered him that if the County were to add to the tower then the County would be the same as the third party for that additional equipment installed on the tower and would in that event have to pay rent as determined by PrimeCo. There are other problems with the lease .and he would like the Board members to read the lease and give him their. comments. County Administrator Caskey noted this matter would also be placed under the -Old Business section of the Board's June 4, 1998 agenda .for further consideration. County Attorney Crook requested an executive session under Section 2.1- 344 Al of the Freedom of Information Act concerning- two (2) personnel matters and under Section 2.1-344 A3 concerning four (4) matters of acquisition and/or use of public property for public uses. County Administrator Caskey requested an executive session under Section 2.1=344 A 1 of the Freedom of Information Act concerning one:. (1) personnel matter. Supervisor Spady moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (4-0). Upon returning to open session, Supervisor Spady moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the 1 1 26 r. ~ i1 eo~K ~~ A. provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code 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 heard, discussed or considered by the Board of Supervisors. AYES: Claud, Cofer, Bradby and Spady NAYS: 0 ABSENT DURING VOTE: 0 1 ABSENT DURING MEETING: 1 The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; .none voting against. Supervisor Cofer moved the Board approve the contract for the Special Consultant for Economic Development and authorize the Chairman to sign same. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // At 11:05 p.m., Supervisor Cofer moved the Board continue its meeting until June 1, 1998, at 7:00 p.m. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in .favor of the motion; none voting against. 1 ~' /.~ Robert C. Claud, Sr., .Chairman 27 W. Dough Ca ey, Cler rr s .~ ~~ ,,: ~~ •r