01-03-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRD DAY OF JANUARY IN THE YEAR
TWO THOUSAND AND EIGHT
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr. (Arrived at 3:05 p.m.)
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Ivy called the meeting to order at 3:00 p.m.
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Supervisor Wright delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Ivy called for nomination for the Election of Chairman,
Vice-Chairman and Clerk of the Board of Supervisors for the year 2008.
Supervisor Bradshaw nominated Supervisor Clark as Chairman of the
Board for the year 2008; Supervisor Brown as Vice-Chairman of the Board
for the year 2008; and, that Carey Mills Storm be appointed as Clerk to the
Board for the year 2008.
Supervisor Clark was elected as Chairman of the Board for the year
2008; Supervisor Brown was elected as Vice-Chairman of the Board for the
year 2008; and, Carey Mills Storm was appointed as Clark to the Board for
the year 2008 by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark
and Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent for the vote.
Supervisor Brown arrived at the meeting at 3:05 p.m.
Chairman Clark advised that it is seldom that the County has a sitting
Chairman who has not been re-elected, as happened in this case and the
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Interim County Attorney advised the Board that the sitting Chairman has to
preside over the meeting until a new Chairman is elected.
Chairman Clark welcomed Al Casteen, the new Board of Supervisors?
member for the Smithfield District.
Chairman Clark called for consideration of the Board of Supervisors?
meeting schedule.
Supervisor Wright moved that the Board adopt the following
regular meeting dates and times for calendar year 2008: Thursday,
rdth
January 3 at 3:00 p.m.; Thursday, January 17 at 4:00 p.m.; Thursday,
stth
February 21 at 4:00 p.m.; Thursday, March 20 at 4:00 p.m.;
rdth
Thursday, April 3 at 4:00 p.m.; Thursday, April 17 at 6:00 p.m. *;
stth
Thursday, May 1 at 4:00 p.m.; Thursday, May 15 at 6:00 p.m. *;
thst
Tuesday, June 10 at 4:00 p.m. *; Tuesday, July 1 at 4:00 p.m.;
thth
Thursday, July 17 at 6:00 p.m. *; Thursday, August 7 at 4:00 p.m.;
stth
Thursday, August 21 at 6:00 p.m. *; Thursday, September 4 at 4:00
thnd
p.m.; Thursday, September 18 at 6:00 p.m. *; Thursday, October 2 at
th
4:00 p.m.; Thursday, October 16 at 6:00 p.m. *; Thursday, November
thth
6 at 4:00 p.m.; Thursday, November 20 at 6:00 p.m. *; Thursday,
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December 4 at 4:00 p.m.; Thursday, December 18 at 6:00 p.m. *;
and, Thursday, January 8, 2009 at 4:00 p.m. with advertised public
hearings scheduled at 7:00 p.m. on these regular meeting dates. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Clark called for consideration of the Rules of Procedure of
the Isle of Wight County Board of Supervisors.
Supervisor Wright moved that the Board adopt the Rules of Procedure
of the Isle of Wight County Board of Supervisors. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
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Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under Special Presentations, add the introduction of Lisa Perry,
the County?s new Economic Development Director and under Special
Presentations, add a presentation by Supervisor Bradshaw relative to
information pertaining to the Early Childhood Commission.
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Supervisor Bradshaw moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark called for Special Presentations/Appearances.
Patrick J. Small, Assistant County Administrator, formally introduced
Lisa Perry, the County?s new Director of Economic Development.
Supervisor Bradshaw recognized Joshua A. Holland, Cody B. Holland
and William Bryce Lawrence for achieving the rank of Eagle Scout.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JOSHUA A. HOLLAND
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Joshua A. Holland is a member of Boy Scouts of
America, Troop #37 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Holland has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Holland for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that Joshua
A. Holland is recognized and congratulated for achieving the rank of Eagle
Scout.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
CODY B. HOLLAND
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Cody B. Holland is a member of Boy Scouts of America,
Troop #37 and a resident of Isle of Wight County; and,
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WHEREAS, Mr. Holland has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Holland for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that Cody
B. Holland is recognized and congratulated for achieving the rank of Eagle
Scout.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
WILLIAM BRYCE LAWRENCE
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, William Bryce Lawrence is a member of Boy Scouts of
America, Troop #37 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Lawrence has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Lawrence for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that
William Bryce Lawrence is recognized and congratulated for achieving the
rank of Eagle Scout.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Dr. Michael W. McPherson, School Superintendent, introduced
Elizabeth W. Delk, Consultant for College Counseling, Isle of Wight County
Schools. Ms. Delk advised that college acceptances and applications are
increasing. She noted that profiles of Smithfield High School are sent out
with every college application explaining that school?s strengths and its
place in the community. She stated that she spent a great deal of time last
year visiting colleges on behalf of the school system and that she had served
as a liaison with the colleges and universities and set up meetings in the
high schools where admission representatives would make on-the-spot
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decisions when they met with students and read over their credentials. She
stated that evening presentations and workshops at the high schools were
held for grades 8-12 and included parents. She stated the average
attendance at these workshops was 250 individuals. She stated workshops
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were held to assist parents with college planning; steps for 9 grade
academic preparation for college; transition issues for college students;
financial aid and scholarship planning; and, tips and strategies for filling out
applications. She stated that in-school workshops were also held, to include
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essay writing in English classes and workshops for 8 graders to advise
them what they should be doing with respect to extra curriculum and
volunteer work in the community. She advised that over $650,000 in
scholarships for ROTC were awarded last year, as well as full scholarships
to the University of Virginia and William & Mary for two (2) previously
unrepresented students. She advised that colleges are very interested in first
generation students whose parents were not college graduates. She advised
that a workshop was also held in a local church so that families could attend
that could not come to the school workshop. She advised that she began a
management software tool for high school counselors and has been working
with the new test coordinator on SAT development and prep work. She
stated that individual college conferences have been held with over 158
juniors, seniors and their parents.
Chairman Clark called for a presentation by representatives of
Moseley Architects.
E. Wayne Rountree, P.E., Director of General Services, advised that
representatives of Moseley Architects could not be present today. He stated
that the Board, at its December 13, 2007 meeting had received a
presentation from Moseley Architects regarding the three (3) options
available for the new court?s building, as well as renovation of the old courts
building and the matter was referred to the Board?s Building and Grounds
Committee who recommended that the Board proceed with Option #2,
which increases the building size from 44,000 square feet to 47,000 square
feet; reduces some of the work in the old clerk?s building and does, at this
point, exceed the Board?s budget by approximately $500,000. He noted that
representatives from Powell Management are present tonight should the
Board have any questions.
Supervisor Brown inquired if any consideration was given to multi-
purpose rooms to hold seminars and workshops.
Mr. Rountree replied that the only way that could be accomplished
was to put it over the old courts building, which would have meant an
addition to that building. He advised that the Building and Grounds
Committee also recommended secured parking for the Judges within Option
#2.
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Supervisor Casteen advised that he would be abstaining from voting
since this is his first meeting and he had not been present during earlier
discussions on this matter.
Supervisor Wright moved that the Board approve the Building and
Grounds Committee recommendation of Option #2 for the proposed new
Courts Building. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Casteen
abstaining from voting on the matter.
Supervisor Bradshaw, on behalf of Franklin and Southampton
representatives, presented an invitation for the County to participate in the
Early Childhood Commission with respect to early childhood intervention.
He stated that the Commission has applied for and received numerous
grants, as well as $500,000 from the Early Childhood Council and $125,000
from Southampton charities and will possibly receive $250,000 to $500,000
from the Early Childhood Education after the program runs for the next two
(2) years. He stated that the intent is for the Board to appoint two (2)
members from this Board to serve as equal representation on the
Commission. He stated it would be appropriate for Barbara Mease,
Chairman of the Commission, to make a presentation to the Board.
Supervisor Bradshaw moved that the Board direct staff to invite
Barbara Mease, Chairman of the Early Childhood Commission, to make a
presentation to the Board at its February 21, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
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Beverly H. Walkup, Director of Planning and Zoning, provided an
overview of the Benn?s Grant project. She stated that the location includes
6,000 feet of road frontage located at the intersection of Routes 10 and 258
and is in the Newport Service Overlay District and a portion of the property
is also within the St. Lukes Historic District. She advised that the applicant
has proffered that the entire development will be subject to Historic
Architectural Review Committee approval. She stated the Comprehensive
Plan designates the property as Mixed Use Activity Center and appropriate
land uses include a wide variety of residential types, including single-family
detached on smaller lots; single-family attached and town homes to
apartments with densities up to ten (10) to twelve (12) units per acre;
existing or proposed shopping centers; related retail sales establishments;
and, existing or proposed cultural, religious and educational facilities. She
stated the requested rezoning is from Rural Agricultural Conservation and
General Commercial to Planned Development Mixed Use. She stated there
is a concurrent Conditional Use application filed for the Wal-Mart because
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that facility is in excess of 80,000 square feet and has a proposed drive
through, garden center and a motor vehicle repair service. She stated that
the request for rezoning is a total of 618 acres and includes commercial; a
hotel site; medical office; office civic; residential; recreation, open space;
ponds; and, right-of-way. She stated that the total impervious for the entire
project is 49%. She stated that the proposed commercial area is along the
frontage and includes a maximum of 725,000 square feet of retail,
restaurant, hotel and other commercial uses. She stated that the traffic study
only currently supports 603,040 square feet of commercial and a new traffic
study will be required for the remaining acreage in the amount of 121,960
square feet of commercial to be developed. She stated that the applicant has
proffered that a new traffic study will be done prior to development of the
remaining area, which would need to demonstrate that the then existing area
roadways will support the additional commercial or that additional
improvements will be made to support the additional commercial. She
stated that the proposed commercial area includes two (2) big-box anchors
totaling 327,550 square feet; junior anchors totaling 218,990 square feet;
and, ten (10) out parcels totaling 56,500 square feet. She stated that the
junior anchors may include banks, restaurants, retail, antique shops and
exclude the uses that have been restricted by the application, such as motor
vehicle parts; driving schools; health/fitness centers; gyms; salons; dance
studios; craft and hobby instruction facilities; beauty and barber shops; pet
grooming; seamstress, tailors; shoe repair; florist; laundry mat; dry cleaners;
fine arts studio; and, veterinary hospital. She stated that the proposed
medical office consists of 28 acres and proposes a total of 162,000 square
feet and the medical office space would consist of 87,000 square feet and
have an additional diagnostic and imaging service for which a Certificate of
Public Need has already been approved, contingent upon substantial
construction by November of 2008. She stated that it also includes 75,000
square feet for a hospital and ambulatory care facility and the current
Certificate of Public Need has been withdrawn for the proposed outpatient
surgery center. She stated that the proposed office/civic areas consist of
62.2 acres, excluding the landfill and the wetlands mitigation area. She
stated that the applicant has offered to proffer that area to the County at no
cost within 30 days following the rezoning approval for dollar-for dollar
credit against the total amount of the residential cash proffer. She stated that
the initial offer will be valid for 180 days or as agreed upon between the
County and the applicant and it will include public utilities stub out to the
property line. She stated that the use of the property will be subject to the
restrictions of Wal-Mart, Riverside Hospital and the home improvement
store, which will restrict a hospital or other healthcare or medical service
facility; a big box; department store; discount store greater than 35,000
square feet; membership warehouse club; pharmacy, excluding Riverside;
Dollar Store greater than 10,000 square feet; grocery store or supermarket
greater than 10,000 square feet; and, a home improvement store. She stated
the allowable uses will be a general office; public library; police station; fire
station; community college; and, uses similar to a community college. She
stated that the residential component consists of not to exceed 1,087 units
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and the total density would be an overall of 3.7 units per acre and include a
mix of residential use types, including condominiums between $150,000 to
$220,000 and townhouses for sale between $175,000 and $260,000 and
single-family residential at prices between $300,000 and $700,000. She
stated that the applicant has proffered 17% of the housing will consist of
workforce dwelling units, which equal approximately 185 units, which will
be offered to persons with incomes that are 80% to 1205 of the area median
income, which is currently projected to be $64,072. She stated that the
applicant is not offering a residential cash proffer, but is requesting a waiver
of water and sewer tap fees and building and zoning permits for the
workforce housing. She stated that at closing a Deed of Trust will be
recorded in favor of the County for the residential cash proffer, other fees
and the amount of the additional financial assistance, which could be up to
$40,000. She stated at that point, the County would receive the cash proffer
if it was sold to anyone other than a prequalified purchaser, as well as any
other fees that have been waived so it is not a complete waiver and it does
not have any lifetime on it. She stated that the proposed recreation area
consists of 93.94 acres, includes lakes six (6) and seven (7). She stated that
the applicant proffers to offer at no cost to the County within 30 days
following rezoning approval that property and the use is restricted to public
recreational purposes. She stated that lake number seven (7) is proposed to
treat the office, civic and recreational areas and may be acquired by the
County for this purpose and for recreational use at the County?s discretion.
She stated that lake number six (6) can also be purchased by the County;
however, it is the final receiving lake for the overall stormwater function.
She stated the proposed pedestrian route consists of primarily pedestrian
bike routes, pedestrian trails and walkways and will be consistent with the
County?s Bike and Pedestrian Plan. She stated that the projected population
to be generated from this development is 2,653 and the Carrollton Volunteer
Fire Department will be the first responder, as well as the Isle of Wight
Rescue Squad, which are within three (3) miles of the project. She stated
that the projected law enforcement impact will require three (3) additional
deputies to maintain the current level of service. She stated the projected
school impact is 696 children, of which 326 are elementary students; 174
middle school students; and, 196 high school students. She stated that
Westside Middle School and Smithfield High School are over capacity and
the schools have proposed capital improvements with consideration for
converting the existing middle school to a high school and building a new
middle school. She stated that some of the area is currently in use as
cultivated crop fields; 253 acres have either been currently or previously
mined and the total impervious acreage would be 315 acres. She stated that
there is a 100 foot football field proposed along Cypress Creek, which is not
proposed to be disturbed except for some recreational use, such as trails.
She stated that the wetlands mitigation site on the property also requires a
buffer and protection in accordance with DEQ. She stated the traffic impact
study projects 3,000 new vehicle trips at build out. She stated that the
positive projected fiscal impact is estimated to be between $9.9 million and
$26.8 million over the 20-year build out and projected employment is 4,545
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individuals. She stated that the timeframe for the total build out is 20 years
and the commercial phasing plan is six (6) years. She stated that all
commercial development is proposed in the first phase, but it will ultimately
depend on market and traffic study conditions. She stated that the applicant
has proffered that 250,000 square feet of commercial shall be constructed in
year one (1), which will more than likely include the Wal-Mart and other
retail uses. She stated that years two (2) through (6), junior anchors and the
out parcels will be completely built out; year five (5), the hotel; and, year six
(6) the total commercial build out is projected to be 663,040 square feet,
which is slightly over what the current traffic study supports. She stated that
the residential phasing plan is ten (10) years and 350 units are proposed for
the first year, which will carry over to subsequent years until the first 350
units are built out. She stated years 2-9, 82 units annually are proposed to
be constructed and in year ten (10), 81 units will be constructed. She stated
that the physical year impact analysis projects that by year four (4), 100% of
the townhouses will be constructed; by year nine (9), 100% of the
condominiums will be constructed; and, year ten (10), 100% of the single-
family dwellings will be constructed. She stated that the medical office
phase is ten (10) years, with year one (1) having full build-out of the office
space and year ten (10), the hospital and the ambulatory care. She stated
that the office civic phasing plan is 20 years with the total build out
expected with five (5) and 20 years. She stated that proffers include
volunteer cash proffers; a commercial cash proffer of $632 per 1,000 square
feet of gross floor area, which equals approximately $500,000; and, a
residential proffer is being offered at 11,189 per unit, plus CPI or 2.25%
increase, whichever is less, for a 12-month period. She stated it only
commences after the first year so for the first 350 units the County will
receive a proffer of $11,189 and when the 351st unit is recorded, staff will
look at the annual indexing for an increase considering the cost of living and
overall cost increases. She stated that credits will also be accommodated
through the cash proffer system for the new roadway, which is slated to
connect Route 10 to the existing Route 32; credits have been proposed
against the commercial cash proffers because most of the traffic is being
generated by the commercial use and any shortfall will be applied to the
residential cash proffers and the proffers will be decreased by the office and
civic acquisition of property. She stated that it is estimated that after the
office and civic property is acquired, the proffers will be $9,249. She stated
that the workforce dwelling units will be secured by an initial Deed of Trust,
which will be replaced once a qualified applicant has been identified and
goes to closing and then a replacement Deed of Trust for the proffer and the
fees. She stated that the right-of-way improvements will include four (4)
full movement signalized intersections along Route 10, beginning at the
office park entrance, the existing intersection of Benn?s Church, the new
proposed arterial location and at the main entrance into the commercial
facility. She stated that the existing Benn?s Church will be approximately
seven (7) lanes and have limited turning movements. She stated that also
included is a new seven (7) lane intersection, which will be a credit against
the cash proffer. She stated that there will be four (4) right-in/right-outs and
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70-foot buffers proposed along all of the arterials. She stated that the utility
improvements that are proffered are for the construction of a public water
and sewer system, which will connect to HRSD and a 1.3 million gallon
elevated storage tank is proposed, as required by the County?s utility policy.
She stated that the Jordan house is an historic architectural feature located in
the proposed development and the applicant has currently proposed to
subdivide a .76 acre parcel or any other location that may be agreed upon by
the County and the applicant at no cost to the County for the relocation of
that home. She stated that the applicant has also proffered to donate
$200,000 towards its relocation and restoration. She stated if the relocation
and restoration is not completed within two (2) years, or a mutually agreed
upon time by the County and the applicant, the applicant reserves the right
to relocate and restore the exterior. She stated that the applicant has
proffered that if the governmental approvals that are required for this project
are not granted, the applicant shall be relieved of the proffer and will retain
ownership of the Jordan house and the parcel, basically leaving the Jordan
house at its current location. She stated that once the Jordan house is
conveyed, the County will become responsible for its upkeep and
maintenance. She stated that the proffer also includes a five (5) foot no-
ingress easement along Muddy Cross Drive, which will restrict any
additional access except for one (1). She stated that the applicant has also
proffered that the water and sewer lines will not be constructed in such a
manner that they will allow for future extension. She stated a Cultural
Resources Study has identified certain areas for further study and the
applicant has proffered a Phase III, which will allow for further investigation
of those areas if they are proposed to be disturbed. She stated that any
artifacts discovered will become the property of the Isle of Wight County
Museum. She stated that the applicant has also proffered a Homeowners?
Association and an overall Master Association, which will include the
commercial and other properties for maintenance of common areas,
including storm water management facilities. She stated that the applicant
has proffered a neighborhood plan, which contains most of the design
features for any of the landscaping and lot layout and design and all of those
design elements are included in the Neighborhood Plan. She stated because
this is in an historic district, there are architectural controls that any
commercial office, civic or medical site plan will require approval by the
Historic Architectural Review Committee, as well as the Planning
Commission. She stated an architectural and landscaping guidelines
document will be developed for the residential component that will be
approved by the Historic Architectural Review Committee and the Planning
Commission. She stated following approval of that document, a residential
Homeowners? Association will be established for review and approval of
each new residential unit that is built and the Planning and Zoning
Department will also carry out the function of that document and ensure
compliance before any zoning permit is issued. She stated that the applicant
has proffered several use restrictions, most of which are not allowed by the
Zoning Ordinance, but if the Zoning Ordinance is amended, these uses will
still be restricted. She stated the final proffer states that if the development
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work has not commenced within a five (5) year period after the date of the
rezoning, the applicant shall not oppose any action taken by the Board to
change the zoning classification back to its original zoning. She stated that
the applicant has requested waivers to the utility requirement that
construction of all water and sewer facilities prior to the issuance of a
building permit and that it be subject to a Certificate of Occupancy as
opposed to a Building Permit and requested several waivers to other zoning
requirements which would allow flexibility in the site design and includes
such things as signage and landscaping. She stated that the Planning
Commission has recommended approval and included recommendations on
each of the waivers. She stated some of the outstanding issues that staff sees
is that Muddy Cross Drive is partly a dirt road and the Engineering
Department has proposed that there is a $230,000 shortfall to bring the
roadway up to VDOT standards; that the acceptance of the office park
property is still being discussed by staff; that the County not accept lake six
(6), which is the last receiving lake to all of the development, excluding the
office park and the recreation; that there may be additional pedestrian routes
that staff would like to see incorporated around the lake for the overall
enjoyment of the residential occupants of the development; and, that it be at
the discretion of the County whether or not it accepts the office park
property and lake seven (7), which serves to function as the County?s
stormwater lake.
Supervisor Wright inquired if the build out of the residential and
commercial had a negative impact on the Benn?s Grant intersection; if
Smithfield has contributed to correcting any of the problems at the Benn?s
Grant interchange; how much the workforce housing will cost the County
and how long; and, how the school?s demographic study is proceeding.
Ms. Walkup replied that the school?s demographic study is underway
and staff has supplied the consultant with pertinent information.
Supervisor Bradshaw requested that all staff persons who submitted
reports, to include all agencies who submitted a report, to be present at the
Board?s work session when it is scheduled. He stated that he wants to
ensure that all staff concerns are addressed.
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Chairman Clark noted the appearance of the Windsor High School
Cheerleading Squad and requested that discussion on the Benn?s Grant
proposal be postponed until later in the meeting.
Chairman Clark moved that the Board adopt the following Resolution:
RESOLUTION TO RECOGNIZE THE
WINDSOR HIGH SCHOOL CHEERLEADING SQUAD
FOR OUTSTANDING ACHIEVEMENT
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WHEREAS, the Windsor Dukes Cheerleading Squad placed second in
the Virginia High School League Division A State Cheerleading
Competition at VCU?s Siegel Center in Richmond; and,
WHEREAS, the Cheerleading Squad won second place in the Region
A Cheerleading Competition held in Fredericksburg, Virginia; and,
WHEREAS, the Cheerleading Squad also won first place in the Tri-
Rivers District competition and has won the District title 10 out of the last
11 years; and,
WHEREAS, the Cheerleading Squad has advanced to the state level of
competition for the past 7 consecutive years; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize these significant achievements.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and congratulates the Windsor High School Cheerleading Squad for
outstanding achievement.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark moved that the Board take a recess. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Clark moved that the Board return to open session and the
continuation of discussion on the Benn?s Grant proposal. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
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Jamie Oliver, Long-Range Planner, presented an overview to the
Board illustrating the existing lanes at the Route 10/32 intersection. She
advised that St. Lukes Village had a traffic impact study conducted in May
of 2004 and updated in August of 2006 and again in May of 2007. She
stated in order to serve that development, certain minor reconfigurations of
the intersection could be accomplished that would create capacity to serve
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that development. She stated that St. Lukes proffered to carry out these
improvements related to their project or they would proffer $330,000 in cash
or 11%, their pro-rata contribution of traffic to the intersection at Benn?s
Grant. She stated that St. Lukes Village found that the improvements that
were proposed by the Crossings would fulfill the capacity needs before St.
Lukes Village at the Bartlett intersection.
Bill Cashman, URS Corporation, briefed the Board on the results of
the traffic impact analysis. He stated that there are no funds or
improvements planned for the Brewer?s Neck Boulevard corridor through
the year 2030; however, the County can increase its capacity by pursuing a
collector system; implementing roadway impact fees; or, establishing and
improving alternative routes. He stated that it is important for the County to
know that the Benn?s Grant project, if approved, would generate traffic that
would take up all the available capacity on Brewer?s Neck Boulevard. He
stated that it is important for the County to realize that unless additional
capacity were to become available, that any other rezonings in that corridor
would not be able to demonstrate that they could provide adequate traffic
service, unless one (1) of the above efforts were instituted to increase the
capacity.
Supervisor Bradshaw requested Mr. Cashman to provide the Board
with copies of his presentation.
Chairman Clark inquired if Muddy Cross Road would definitely be
tied in to the project or is staff reserving that roadway for a tie-in.
Ms. Walkup replied that there is a definite tie-in proposed for the final
phase of development in year 2010. She noted that there are still several
property owners holding out on the right-of-way, but VDOT is continuing to
pursue the acquisition of right-of-way so that this can be a construction
project. She stated that the phasing plan has been proposed and outlined for
ten (10) years; however, the applicant is recommending that other phases
develop before some of the others that are slated. She stated that the
developer has offered some assurance that VDOT be comfortable and that
no connection be granted until VDOT approves it.
Kristen M. Mazur, County Engineer, advised that funds to complete
the project are short by $230,000. She advised that this project could be a
pave-in-place project, but it currently is a regular construction project, which
requires right-of-way. She advised that right-of-way can not be purchased
for Pave-in-Place projects.
Supervisor Bradshaw inquired if an environmental impact has been
conducted on Muddy Cross Road. He stated that the intent of Pave-in-Place
is to ensure that it would not be a super highway.
13
Ms. Mazur advised that nothing has been done to date. She stated that
the recommendation is to upgrade the access from Benn?s Grant to Route 10
to a 50-foot right-of-way road due to the amount of anticipated traffic and
for safety reasons.
Supervisor Bradshaw moved that staff provide a report to the Board to
include an evaluation on Muddy Cross Road?s current condition; how that
roadway is set up in VDOT?s plan, i.e., whether or not it will be a Pave-in-
Place or 50-foot roadway; the current traffic count; environmental analysis,
if possible; and, the impact that Benn?s Grant and associated vehicular
traffic will have on Muddy Cross Road. The motion was adopted by a vote
of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw requested an explanation of the credits
associated with the new arterial improvements.
Ms. Walkup explained that St. Luke?s and O?Neal considered
improvements to the Benn?s Church intersection in their development and
proffered 10.8% of their traffic would impact that intersection with the rest
of the traffic being attributed to the Benn?s Grant project, which amounts to
approximately $400,000. She stated that those credits will be that portion
up to $400,000, which will be applied first to the commercial proffers.
Supervisor Bradshaw moved that staff be directed to prepare an
analysis of the credits associated with the Route 32/258 transportation. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
//
David Rose, Davenport and Associates, briefed the Board on the fiscal
impacts associated with the proposed project. He recommended that the
Board approve the Community Development Authority policy included in
the agenda to ensure that the County has final control ultimately so that if
some of the things that are promised never come into fruition, the County
will not be held responsible. He stated the first role of his firm is to
represent the County with respect to the cost benefit to the County from the
Benn?s Grant development and to provide the Board with an assessment of
Community Development Authorities.
Supervisor Wright commented that while bonding supposedly does
not adversely affect the financial standing of the County, it is considered as
a debt service and the County will not be looked upon as favorable as if it
did not have the bonding.
14
Mr. Rose stated the rating agencies view this indebtedness that would
be issued as a Community Development Authority as overlapping debt of
the locality. He stated that while that is not necessarily a bad thing, it is
something that the Board needs to be cognizant of. He advised that a
Memorandum of Understanding in the Community Development Authority
policy which will be prepared by the developer will include assurance that
the County understands what the developer will deliver, when it will be
delivered and include a safeguard in the event the developer does not deliver
when they are suppose to deliver. He stated that when the County is in the
position to begin its borrowings, it can argue that safeguards have been put
in place on that overlapping debt. He stated that the policy also states that
the County will have the final say in terms of the issuance of those and
subsequent bonds so that the Board can ensure that they are done in
conformity with the best practices, as well as in conformity that the County
has other needs that are a direct obligation of the County so that the bond
rating is not affected. He stated there will be times when a bond is issued
that the Board will have a moral obligation, which may come in the form of
coming through the Industrial Development Authority and it is a lease
arrangement and the Board is not legally obligated to make payment if
whatever source is not there, but it does have a moral obligation. He stated
if things do not work out as planned, the answer is not known if the values
around the Community Development Authority or outside the boarders of
the Community Development Authority will be depressed.
Supervisor Bradshaw inquired if any of the Community Development
Authorities associated with other localities have experienced problems in
meeting their financial obligations.
Mr. Rose replied that all the localities he has worked with who have
issued debt have done so without any problems. He stated that the only
place he is aware of that has had some problems is the City of Richmond,
which had no policies in place. He stated that the City of Richmond was
required to provide financial support when things did not go well. He stated
some localities may have the mindset that there is some financial support
that the locality is providing upfront knowingly, which is not a negative, as
they made a conscious decision to help financially upfront.
Supervisor Bradshaw commented that it does not matter what kind of
financial contract the County has, if the Community Development Authority
gets in trouble, the holder of the bonds can hold the County responsible for
payment. He noted that the memorandum in the handout distributed by Mr.
Rose contains a statement that the County is going to retain control of any
debt issued and that statement alarms him.
Mr. Rose advised that retaining control simply means that the
Community Development Authority can not go out and issue additional debt
without the County?s approval.
15
Interim County Attorney Burton stated that the Board?s proposed
policy clearly states that the County shall not pledge either its full faith and
credit or any moral obligation toward the repayment of principal and interest
on any debt issued by the District.
Jimmy Sanderson, Davenport and Company, advised that this is a
valid concern of this Board and any other entity that has issued this type of
debt in the Commonwealth of Virginia. He advised that when the bonds are
sold to the public, there is language contained in the offering document that
states clearly in multiple places that the County is not liable in any way. He
stated that these are not bonds that are typically sold as normal municipal
bonds to the general public. He stated a requirement is that they are sold to
supplicated investors, such as institutions, in multi-million dollar blocks.
He stated the buyer is very sophisticated and understands the concepts, as
well as who has and who does not have liability.
Mr. Rose stated that with the exception of year one (1), where there is
a cash flow hit to the County of approximately $239,000 thousand dollars, it
is predicted that in the second year, the net revenues will go from a negative
$250,000 to a positive $1.1. He stated on top of that amount, the proffer
will amount to $1.375 million.
Jimmy Sanderson, Davenport and Company, stated that the policy
recommended to the Board has been utilized in some fashion by a lot of
other jurisdictions. He stated that Community Development Authorities
were created in the late 1990?s and they are becoming more and more
prevalent today. He stated that rating agencies preferred to see policies in
place because they know then that the Counsel, Board and staff understand
the process that needs to take place before a Community Development
Authority is formed prematurely. He stated that there needs to be a certain
amount of documentation presented to staff and the policy clearly states that
any Community Development Authority will not have a negative impact on
the County?s credit rating. He stated that there is a requirement that there be
an executed Memorandum of Understanding and the petition that will be
submitted by the developer to the County will state that the developer is
willing to enter into a Memorandum of Understanding and that they
understand that approval of the petition for the formation of a Community
Development Authority does not amount to approval of a bond issue by a
Community Development Authority. He stated that he would still need to
come back to the Board for approval once the Memorandum of
Understanding is negotiated and then the developer has actually gone
through and met the restrictions that were placed in the Memorandum of
Understanding prior to issuance of bonds. He noted that the Board has been
provided a proposed policy for consideration prior to a public hearing being
held on the formation of a Community Development Authority on January
17, 2008. He stated that prior to the issuance of any debt, what the
Community Development Authority wishes to accomplish must be
consistent with zoning. He stated the timing does not have to be that the
16
rezoning take place prior to the actual formation of a Community
Development Authority because it is clear in the legal documents that the
debt can not be issued without first coming back to the Board and receiving
approval by the County?s legal counsel.
//
Chairman Clark called for the Consent Agenda.
A. Resolution to Recognize the Contributions of Thomas R. Ivy
B. Jefferson Cup Nomination
C. Revised Strategic Plan 2007-2009
Supervisor Wright moved that the Consent Agenda be approved as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Old Business.
Chairman Clark publicly thanked Ben Rideout for Supervisor
Casteen?s marble nameplate.
//
Chairman Clark called for New Business.
Supervisor Bradshaw called the Board?s attention to a request by Alan
Monette that the Board oppose the rate changes proposed by Verizon.
Supervisor Bradshaw moved that the Board direct the County
Administrator to draft a letter under the Chairman?s signature to Verizon
showing the County?s opposition to the rate changes as specified by Alan
Monette. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw requested that staff meet with Mr. Martin Jones
and any others to address the concerns relative to the Museum that were
expressed in his letter.
Supervisor Clark requested that the Board members allow him, in his
capacity as Chairman, to recognize them before they speak so that no one is
talking over the other.
17
Chairman Clark advised the individual Board members of their
appointment to the following Regional Committees:
? Hampton Roads Military and Federal Facilities Alliance:
Chairman Clark
? Hampton Roads Partnership: Chairman Clark
? Mayors and Chairs Caucus: Chairman Clark
? Southside Mayors and Chairs: Chairman Clark
? Western Tidewater Water Authority: Supervisors Bradshaw and
Wright
? Coalition of High Growth Communities: Chairman Clark and
Supervisor Casteen
? Hampton Roads Planning District Commission: Chairman Clark
? Hampton Roads Transportation Authority: Chairman Clark
? Western Tidewater Regional Jail Authority: Chairman Clark
and
Supervisor Wright
? Hampton Roads Economic Development Alliance: Supervisor
Bradshaw
? Social Services Board: Supervisor Bradshaw
? VACo/Board of Directors: Supervisor Bradshaw
? Southeastern Public Service Authority: Supervisor Brown
? Resource Conservation and Development Council: Supervisor
Casteen
Chairman Clark Chairman Clark advised the individual Board
members of their appointment to the following Board Appointed
Committees:
? Budget & Finance/CIP: Supervisors Bradshaw and Wright
? Building & Grounds: Chairman Clark and Supervisor Casteen
18
? Franklin Intergovernmental Relations Committee: Supervisors
Bradshaw and Wright
? Smithfield Intergovernmental Relations Committee: Chairman
Clark and Supervisor Brown
? Windsor Intergovernmental Relations Committee: Supervisors
Wright and Bradshaw
? Law Enforcement: Chairman Clark and Supervisor Wright
? Schools: Supervisors Brown and Wright
? Parks and Recreation: Chairman Clark and Supervisor Casteen
? Personnel: Supervisors Bradshaw and Brown
? Fire & Rescue Association: Thomas R. Ivy/Appointee
Supervisor Bradshaw inquired if a date for the Joint Intergovernmental
Relations Committee meeting has been set to discuss the issue of taxes.
County Administrator Caskey advised that he was waiting to hear back
from the two (2) towns as to whether or not January 14, 2008 is a suitable
date.
//
At 6:00 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
__________________________
Stan D. Clark, Chairman
______________________
Carey Mills Storm, Clerk
19
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