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