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07-23-1998 Continued MeetingBOOK ~O Y~~~ SQ. CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-THIRD DAY OF JULY IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: -Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Phillip. A. Bradshaw Henry H. Bradby 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. for the purpose of conducting a work session on the following application: 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 are proposed to be rezoned to Conditional General Commercial .and. approximately 522 acres are proposed to be rezoned to Conditional Planning 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 County Attorney Crook stated he and Jonathan W. Hartley, Director' of Planning and Zoning, met with Branch Lawson and William Riddick, representatives of the applicants, Thomas L. Newton, Jr. and Thomas S. Word, trustees, to explain that there were parcels of land zoned A-1 and left A-1 in the earlier zoning which were not identified in the application and the notice for the public hearings :and that they were going to have to file a new .application. County Attorney Crook stated in addition to what he had explained to the Board earlier about the buffer areas remaining A-l, it was also discovered that the twelve (12) acre. school site located in the middle of the development had also been left zoned A-1 and could not be effectively rezoned under the application. The fiscal impact and the other concerns of the Board were also discussed, as well as the concerns expressed by the School Board and the Planning Commission, i.e., cost of the school site, cost of water and sewer for the school site, some method of tying residential development to commercial development and the possibility of having another report done by Tischler. County Attorney. 1 soon 18 r~~~ 81 1 Crook stated he understands. the applicants are going to .file another application and submit new proffers. The applicants noted they did not have a problem with the possibility of conducting a joint public hearing with the Planning Commission, should the Board desire. Following the Board's action tonight, the applicants will file a new application and any revised proffers they wish to offer, stated County Attorney Crook. Branch Lawson noted technicalities were overlooked. on both the County's .and the applicant's parts and the applicants will be filing a new application. Mr. Hartley briefed the Board on materials prepared by staff in response to the issues and concerns identified by the Board on June 1, 1998, as well as responses to issues and concerns submitted by the applicant. Mr. Hartley noted that arrangements to have Mr. Tischler present today were not successful due to other commitments on his part. Supervisor Bradshaw requested Mr. Hartley to convey all relevant information to Tischler and Associates, schedule a meeting with Tischler and advise of any relevant issues and anticipate the Board requesting justification of the information presented by Mr. Lawson using the school figures. 1 Supervisor Bradshaw noted nothing has been updated since 1944 on the. issue of the different species of animals .documented to be in this area and requested that the Environmental Planner be requested to walk the site .and provide the Board with a report on whether or not there are environmental issues remaining which need addressing. E. Wayne Rountree, P.E., Director of Public Utilities, briefed the Board on the various public utility aspects of the project. Supervisor Bradshaw noted he would like a better understanding of what Malcolm Pirnie meant regarding "brackish groundwater conditions to the east of the proposed well locations, solidity may be expected to increase somewhat and the amount of this increase can not be predicted with a CPM". Supervisor Bradshaw noted water is a major issue and he wanted to look at what the impact would be on future generations and how it will impact fi-ture development and expansion in the County. Mr. Rountree noted he would arrange for a representative to speak to the Board on his concerns. Regarding the school issue, County Attorney Crook noted the School Board needstwenty-four (24) acres to be selected by the School Board and water and sewer to the site. If there is going to be an option to accept cash for the school rather than suitable property acceptable to the School Board, the cash proffer should be at least $420,000 so the proffered amount of $225,000 is inadequate for the purchase of the site and providing water. and sewer to the site. 2 BOQn 10 ~p~r 82 The School Board is asking that they have twenty-four (24) acres and that they have an adequate amount of time to make the selection of land. Should they choose not to accept the site or build a school, they are requesting that $420,000 be offered as a cash proffer in lieu of the school site. County Attorney Crook noted he has written a letter communicating this to the developer. Dr. Jane T. York, School Superintendent, noted there would be a negative impact on the instructional program if the space and the funds are not available on a per pupil basis to continue to provide the programs now being provided. Dr. York stated as long as the Board funds the School Budget, the programs the County needs will be .provided, however, if the Board is not able to fund the Budget because of the tax base, it will have a negative impact in the form of overcrowded classrooms and the necessity of mobile units. Dr. York stated the County is required to maintain the pupil/teacher ratio that the County currently has to continue to meet the County's accreditation and receive State funding. Regarding Parks and Recreation, Supervisor Bradshaw requested that the Director of Parks and Recreation be present at the Board's next work session to address his concerns as noted in his two-page memorandum. Supervisor Bradshaw requested that the Director of Economic Development Director be present at the Board's next work session to address her concerns relative to the Hampton Roads area and the Third Crossing of Hampton Roads. // At 7:40 p.m., Supervisor Spady moved for a five (5) minute recess. The motion was adopted unanimously (5-0). // The Board directed County staff to invite the .developers and Tischler and Associates to discuss the unresolved issues relating to the fiscal impact study with the Board at a work session on August 6, 1998 at 6:00 p.m. Supervisor Bradshaw moved the Board direct County staff to advertise the new Graymor rezoning application, if submitted in time, for a public hearing before the Board on August 20, 1998. The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby and ~Spady voting in favor of the motion; none voting against. // Chairman Claud called for New Business. There was no new business offered for discussion by the Board. n U n 3 BOCK ~O %•AG' OJ // ~~ County Attorney Crook requested an executive session under Section 2.1- 344 A7 of the Freedom of Information Act concerning a legal matter requiring advice of counsel. Supervisor Bradshaw moved the Board enter executive session for the reason stated. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Bradshaw 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 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; ~r 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, Bradshaw and Spady NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 1 The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Cofer moved the Board authorize County staff and the County Attorney to negotiate with Donald H. Clark of Clark & Stant P.C. as the outside attorney as recommended by the Attorney General. The .emotion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the 4 804 10 ~q;:r ~4 motion; none voting against. Supervisor Spady moved the Board authorize County staff and the County Attorney to negotiate with the second low- base bidder plus Alternate 2 for the construction of the Carrollton Library due to a mistake in the bid of the low bidder. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. // At 8:55 p.m., Supervisor Cofer moved the Board adjourn. The motion was adopted unanimously (5-0). C~~ Robert C. Claud, Sr., Chairman W. Dou as askey, C 1 i 1