03-16-1989 Regular MeetingeooK 14 ,,.;, z~,3
1
i
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SIXTEENTH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED
EIGHTY NINE
PRESENT: .Henry H. Bradby, Chairman.
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator '
W. Douglas Caskey, Assistant County
Administrator/Community Development
Kenneth L. Chandler, Assistant to the County
Administrator. (7:05 P.M.)
Sheriff C. W. Phelps
Captain Steven G. Bowman, Sheriff's Department
Betty Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00 P.M.
The invocation was delivered by Supervisor Ross.
//
The Chairman moved to amend the agenda to consider .Item VII,
Old Business, paragraph a. The vote in favor was unanimous
(5-0).
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to hear comments from the citizens present relative to Item
VII (a) .
Chairman Bradby called for consideration of the following
rezoning applications
VII. a. An application .for a change in zoning classification for
the property owned by Crown Creek Land Trust (D. Mason
.Anderson, Trustee) from Conditional R-3, Conditional
.Townhouse Residence District, to A-1, Agricultural
Limited, approximately 90 acres of land located on the
.east side of Route 665, between Route 712 and Johnson
' Lane; Newport Magisterial District. (Tabled 1/19/89.)
AM application for a change in zoning classification for
property owned by Rae Parker, Jr. from Conditional A-2,
Agricultural General, approximately 180 acres, from
Conditional R-1, Conditional Residential Limited,
approximately 120 acres, from Conditional R-2,
Conditional Residential General, approximately 140
acres, and from Conditional R-3, Conditional Townhouse
Residence District, approximately 150 acres to A-1,
Agricultural Limited, a total of approximately 590 acres
of land, located on the east side of Route 665, between
Route 712 and Johnson Lane, Newport Magisterial
District. (Tabled 1/19/89.)
James Hartung, Bay Harbor Subdivision resident, appeared in
opposition to the Kings Colony development. Mr. Hartung stated
he was opposed to the sewer line, and expressed concerns relative
to economic control of land use, water aquifers, police
protection, fire protection, school situation, and the tax burden
on County citizens. Mr. Hartung stated he .feels the County
should cater to industries that want to purchase land and asked
the Board to say no to the King's Colony project and the sewer
line because it is not in the best interest of Isle of Wight
County.
Madeline Folks, Hardy District resident, read the following
letter from J. Leo Bourassa, President of the Virginia Lakes
Association, relative to the water tables in the area of the
proposed King's Colony project:
"Virginia Lakes Association
To be read at March 16, 1989 Supervisors Meeting
BOOK 14.rQ"'~~J1
March 9, 1989
From: J. Leo Bourassa
President of the Virginia Lakes Association
Route 1, Box 266
Carrollton, Virginia 23314
To: Isle of Wight County Board of Supervisors
Courthouse
Isle of Wight, Virginia
Gentlemen:
I regret that a long standing engagement over in the
west part of the State prevents me 'from being able to appear
before Xou in person this evening. The purpose of this
letter is to inform you that the water tables in this area
(at least 15 miles in circumference from the center of
Carrollton) has been dropping an average of 2-4 feet per
year due to several factors; (1) The drought that we have
been experiencing in the southeastern part of Virginia and
(2) The heavy withdrawal of water from our aquifer due to
increased growth of both industrial needs and private needs.
This dropping can be confirmed by many reputable well
drillers in this area. The salt increase in the aquifer has
gradually been intensifying in combination with the
increased drawdown of the water table, this salt increase
can also be confirmed by the testing of water and by
reputable plumbers in the area because there is evident of
an increase of corroded faucets and pipes due to salt
residue.
The effect of a 1/2 million gallon withdrawal of water
from this aquifer will be a very noticeable water drop
throughout the area and possibly will cause a great deal of
trouble and expense to the private well owners in the area.
Should the developer decide to drill much deeper in the
aquifer than expected more than likely. the deeper he goes to
more increase in salt content. Should this salt increase
seep into the aquifer it could well destroy all of our
drinking water here forever. Once an aquifer is polluted by
salt water it can never be cleaned up again.
I would like to recommend that you, the members of the
Board of Supervisors, insist that the developer make his
application to the State Water Control Board and you await
the findings of the Board before committing yourselves to
approve this large development. The law in the State of
Virginia request that any potential large user of
groundwater must get a permit for large withdrawals of
water. I am sure the developer is aware of this requirement
and it disturbs me that he did not do so before this time.
I hope he was not planning to start up a large well before
being detected.
Respectfully submitted,
s/J. Leo Bourassa
P. S. I am sending a copy of this letter to the regional
State Water Control Board.
Mr. Larry Mc Bride
Regional Division of the
827 Pembroke Office Park
Virginia Beach, Virginia
State Water Control Board
23462"
Robert S. Kenerley, resident of 2 Riverpoint Trail,
Carrollton, appeared in opposition and read the following letter:
"March 16, 1989
Board of Supervisors
Isle of Wight, Virginia
1
Gentlemen:
enoK ~ 14 r~:~2~5
'~
1
Tonight is the night to dispose of King's Colon once
and for all. You have the legal basis to downzone King's
Colony property and reverse a situation that will be
devastating to this county.
The attorney's general ruling that the King's Colony
proffers are unenforceable simple reaffirm what our group
has known all slang. We do not have a legal contract.
Shortly, the developer will ask that you table this issue
one more time because, with just a little fine tuning and by
waiting until July when new legislation becomes effective,.
the proffers will qualify. Gentlemen, the fact of life is
that the developer has had more than sufficient time to
present a legal contract and conduct the necessary studies
and plans to support his project. I submit to you that we
have accommodated the developer to the last degree and we
have no further obligation, legal or otherwise, to extend
this matter beyond this evening Based on new legislation
effective in July, I feel confident there will be much
better deals for our county in the future. So if there are
going to be_any further accommodations, let it be .to the
citizens and taxpayers of Isle of Wight.
In addition to the unenforceabilty of the proffers,
much new information has been presented to you from the
Lower James River Association and the Environmental Council.
The recent revelation about the irreversible damage this
project will do to our water supply is sufficient grounds
alone to downzone this project. If you downzone this
property, the developer still has the option to reapply to
the planning commission. So although you may close the
door, it is certainly far from being locked.
The citizens-and taxpayers overwhelming opposed this
project by 2-1. You may also recall, at the last meeting
the Committee for Responsible County Planning presented you
with a petition which contained 1100 valid signatures which
re-enforces the opposition to this project.
Prior to rezoning of this property, the Virginia
Department. of Transportation recommended that xou not
approve this project until such time as a detailed traffic
study has been conducted. For some unknown reason, this was
not done and potential displacement of Route 665 residents
continue to be a concern.
I heard just this week that the developer has obtained
a right of way from Route 17 to the subject property. Based
on this new information, I think it is important that you
study. very closely the ring road affect that this proposed
right of way would create. This type of road system will
not alleviate the traffic problem on Route 665, and
eventually Route 665 would still have to be widened
resulting in displacement of Route 665 residents.
I seriously doubt. VDOT would approve such a right of
way, but either way, if you don't downzone this property,
you won't have another chance to reverse this situation and
you will be gambling the homes of third generation families
on Route 665.
Gentlemen, let me ask you a few questions relevant to
this issue:
1. Do you want to go forward without a legal contract by
accepting the developer's proffers which are
unenforceable?
2. Can you, in good conscience, ignore the new damaging
information from the Lower James River Association and
the Environmental Council?
3. Do you want to compromise our only water supply and
create problems for wells within a 25 mile radius?
4. Are you willing to abort the county's plans to develop
the Windsor corridor which presently show so much
eooK 14 ~~::-2`~6
potential for generating positive tax revenue?
5. Are you willing to proceed without a comprehensive
development plan to deal with the explosive growth that
will take place if sewer is brought to the James River
area?
6. Do you want to move forward without an appropriate
economic impact study to determine what this situation
will do to our taxes and support services?
7. Are you willing to deal with the potential displacement
of third generation families on Route 665 to profit a
Maryland developer?
8. Are you prepared to ignore the wishes of the citizens
who are overwhelmingly opposed to this project?
I want to express our concern as citizens over the new
damaging information that has been presented to you over the
past several weeks. This project, if allowed to proceed,
would negatively impact on us as residents, so there is no
question that this time the pendulum should swing in favor
of the citizens of this county and not a Maryland developer.
There is no reason why you should not be unanimous in your
vote to downzone this project.
Sincerely,
s/Robert S. Kenerley
2 Riverpoint Trail
Carrollton, Va. 23314"
Andrew Michael Casey, Planning Commission member and
Carrollton resident, spoke. in opposition expressing concerns
relative to growth in the County, educational facilities, and the
impact studies which have been conducted. Mr. Casey stated he
feels we should slow down and take a good look at the project,
then decide what to do.
Brenda Lee, Route 665 resident in Carrollton, spoke in
opposition expressing concerns relative to water supply, tai on
fee for the sewer systems and stated we do not want the K~:,ng's
Colony development.
Herman Jones, Route 665 resident in Carrollton, spoke in
opposition expressing concern regarding the four lane roadway.
Mr. Jones asked the Board to down zone the proposed property,
Randolph Barlow, Hardy District resident, spoke in
opposition. Mr. Barlow expressed concerns.. relative to water
problems, traffic problems, fire ~rote~tion, and police
protection. Mr. Barlow continued stating the development would
be a burden on the Count}; however, one good .point would be the
possibility of sewer coming into the County, but stated it would
be no good without central water (maybe from- Lake Gaston) not
talking. about groundwater. Mr. Barlow stated this size
development could destroy the water system in the County.
Malcolm Clark, nearby resident of the proposed development,
appeared in opposition and expressed concerns regarding the
inability of the County to be able to conduct a referendum for
the proposed project and Board members voting the wishes of the
County residents. Mr. Clark asked the Board to vote the citizens
wishes on the King's Colony project.
Stan Clark, attorney in Portsmouth, appeared in opposition
and asked the Board to down zone the proposed application. Mr.
Clark expressed concern regarding the proffers and the
enforceability of same, displacement threat, and the possibility
of a law suit. Mr. Clark stated that in his opinion the Board
had to down zone the property under the present laws of Virginia.
A. L. Jones, II, attorney representing the applicants,
introduced Dan Keusal, the developer, and Dr. Rae Parker, Jr.,
one of the property owners of the proposed project. Mr. Jones
stated the proposed project would bring tremendous benefits to
~_ J
1
1
~....
Book 14 r~:-2~7
1
the County such as sewer, industrial development along Route 17,
and-the developer would pay the necessary fees to help defray the
costs. Mr. Jones stated the project would provide services
beneficial to the County residents. In conclusion, Mr. Jones
asked the Board to table action on the proposed application
because of the following: because the Attorney General's opinion
does not give total determination that. proffers are
unenforceable, acquisition of new roadway and adequate time. to
develop a traffic impact study, and the developer will reduce the
number of units by approximately 45$.
George Braswell, Newport resident, appeared in favor of the
proposed project.
Rev. James Johnson, Carrollton resident, appeared in favor
of the proposed project because it would provide a much needed
sewer system for the area residents. Rev. Johnson asked the
Board members to vote in favor of the application.
Willie James Hill, lifelong County resident, appeared in
favor of the proposed project because of the availability of a
sewer system.
King David Johnson, Pastor of the Sweetheaven Church of God
in Carrollton, appeared in favor of the application.
Francis Griffin, Planning Commission
rebuttal to comments of Attorney Jones
Commission did not take only thirty minus
proposed application when it came before the
Mr. Griffin stated a considerable amount of
given the application.
member,. stated in
that the Planning
tes to consider the
Planning Commission.
time and study was
Supervisor Edwards expressed cpncerns regarding the Attorney
General's opinion, an environmental stud and an economic impact
study. funded by the developer which indicated the Board was
unaware of the project's full impact-when the land .was rezoned
residential in October,-1988.
1
1
Supervisor Ross -asked the residents to work with the
developer to come up with an acceptable project for the site.
Supervisor Ross continued stating that the developer has an
interest in this project, and he won't go away. Supervisor Ross
also stated, "I think it would behoove us to work with him in the
future".
Supervisor Turner stated the project offers the County an
opportunity for awell-planned development and sewage for the
Carrollton are to be paid for by the developer. Supervisor
Turner then asked the audience: "Are you, the people, here
tonight, willing for Isle of Wight County to forget about Mr.
Keusal's putting in the sewage` system that is needed? Are you
willing for the County to put in the sewage system?" A loud
chours of yeas was heard from the audience. Supervisor Turner
then asked the audience: "Are you ready for the County to pay
for the sewage system?'" A chours of yeas was again heard from
the audience. Turning to the Board members, Supervisor Turner
stated,, "Now, you hear, the people have spoken." Supervisor
Turner continued stating, "The situation of sewage must take
planning and we are not voting on that issue tonight, but I am
concerned about sewage for the area because of the soil
conditions.. The Planning Commission and the Board of Supervisors
have approved in the last several months several subdivisions,
one of 30 lots, one of 70 lots, and one 150 lots. At this rate,
it doesn't take long for the number of residential lots to add up
to a large number. The County needs to look at overall growth.
If the County is not going to look favorably upon this project
which will bring in a central water system, sewage and build new
roads, then the County should take a strong look at any
development project." Supervisor Turner asked County Attorney
Crook to address, the proffer situation.
Supervisor Turner asked County Attorney Crook to address the
proffer situation.
County Attorney. Crook responded by advising the Board
members that the legal status concerning the proffers had
$OOK ~~ ipn•~%JO
developed a great deal since the proffers were initially offered.
Many jurisdictions were accepting proffers like those and they
are in the same boat as Isle of Wight County. Mr. Crook
continued stating that when the Board elected to seek rezoning of
the property, they requested an Attorney General's opinion which
was obtained. The Attorney General's office was very dismayed at
the request because of the practice that was going on in the
State of Virginia and that an opinion from the Attorney General's
office might upset a lot of apple carts. I think it has a
tremendous impact on the legislation in the General Assembly,
said Mr. Crook. Mr. Crook continued stating the Attorney General
ruled under the existing law that the proffer of impact fees was
unenforceable as a future payment of money. The General
Assembly then passed a bill which gave Isle of Wight County the
same ability to negotiate conditions that existed in Northern
Virginia previousl~r. Under that law, in Northern Virginia, they
have been negotiating agreements with developers to pay funds for
capital improvements for years. The onl}~'thing that they did not
give Isle of Wight County was the conditional zoning voluntary
proffers of impact fees. That's the only thine we lack at this
point. In view, of the Attorney General's opinion, and Z have
stated this previously to the Board of Supervisors, the Attorney
General's opinion, the information that has been developed, the
environmental. impact study, the fiscal impact studies, although
you need more information, other information developed for the
Board, the Board may justify rezoning of the property. Now, that
doesn't mean that the Board cannot be taken to court and the
court could decide otherwise, but in my opinion the situation
that has developed, the Board is in a situation where they- can
rezone the property, .which is to return it to A-1. The other
alternative for the Board, if they choose to do so, would be to
authorize negotiations with the developer, that -the owner and
developer in the County could undertake to negotiate an agreement
under the .new legislation for reasonable conditions. to take
effect after July 1, but that would have to be conditioned on the
new capital improvements plan which is being prepared. So that
is a very prospective thing that would require a tabling action
by the Board while that was worked out and it might take six
months, it might take a year and six months before that was
accomplished. That is a course that is open to 'the Board.
Therefore, it is my advice to the Board that, you may rezone A-1,
or you could undertake to negotiate this matter further.
Supervisor Edwards moved the Board comply with the Planning
Commission recommendation and return to the original zoning prior
to the Board's vote last fall. The motion passed (4-1) with
Supervisors Edwards, Bradshaw, Bradby and Ross voting aye and
Supervisor Turner voting nay.
//
At 8:57 P.M. Chairman Bradby moved the Board have a ten
minute recess, which passed unanimously (5-0). The Board
reconvened at 9:16 P.M.
//
Consideration of rezoning applications continued:
b. The application of Roger L. Duke, owner, and William D.
Schultz, prospective owner, for a change in zoning
classification from A-l, Agricultural Limited, to
Conditional R-MH-A, Conditional Rural Mobile Home
District, approximately three acres. of land located
south of the Seaboard Airline Railroad, between Routes
615 and 641,. in Windsor Magisterial District. The
purpose of the application is for the permanent location
of one mobile home. (Tabled;3/2/89.)
County Attorney Crook addressed the rezoning application
stating a dirt road served a mobile home park and several lots
and a meeting with Mr. Duke, William N. Howell, Mr. Howell°s
attorney, Bob Hart with Hart Realty, and himself had been held to
resolve the road problem. Mr. Crook continued stating that the
road was a "farmette" dirt road with rock and that Mr. Howell had
deeded the right-of-way to Mr. Duke, who would assume the
U
L'
1
~ooK 14 ;~::~2~3
responsibility of the upkeep of the road in question. Mr. Crook
further stated he recommended approval of the application.
No one appeared in favor or in opposition.
1
Supervisor Bradshaw moved the Board approve the application
of Roger L. Duke, owner, and William D. Schultz, prospective
owner, for a change in zgning classification from A-1,
Agricultural .Limited, to Conditional R-MH-A, Conditional Rural
Mobile Home District, approximately three acres of land located
south of the Seaboard Airline Railroad, between Routes 615 and
641, in Windsor Magisterial District. The vote in favor was
unanimous (5-0).
//
On motion of Supervisor Turner, the Board voted unanimously
(5-O) to adopt the following resolution establishing the
recommendations of the Board of Supervisors of Isle of Wight
County, Virginia fore the 1989 Virginia Department of
Transportation Pre-Allocation hearing.
RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF
SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA FOR THE 1989
VIRGINIA DEPARTMENT OF TRANSPORTATION PRE-ALLOCATION HEARING
WHEREAS, the Virginia Department of Transportation
will conduct a pre-allocation hearing for interstate,
primary and urban system projects for the Suffolk District
on April 10, 1989; and
WHEREAS,. the Board of Supervisors of Isle of Wight
County expresses its appreciation to the Virginia Department
of Transportation for the opportunity to articulate
transportation improvement priorities within the County; and
~"1
~~ _ .
WHREAS, Isle of"Wight County wishes to make
specific recommendations for transportation improvement
projects to be listed on the proposed`:Six Year Improvement
Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County that the following
projects are considered transportation improvement
priorities in the County:
1. Construction of parallel bridge span and
approaches on the Route 17 crossing over
Chuckatuck Creek.
2. Route 58 Frankin By-pass connector.
3. Realignment and four lane Route 258, between
Route 10 and Route 460.
4. Four lane Route 10 Smithfield By-pass.
BE IT FURTHER RESOLVED, that the Board of
Supervisors direct the County Administrator to forward a
copy of this resolution to the Virginia Department of
Transportation for inclusion in the record of the 1989
pre-allocation hearing and for adoption of the Six Year
Improvement Program for the Commonwealth of Virginia.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to set April 6, 1989 at 7:00 P.M. as the date for the
School budget public hearing.
D
Supervisor Ross moved the Board approve the Southeastern
Public Service Authority's (SPSA) curbside recycling program in
the Town of Smithfield. The motion passed by unanimous (5-0)
vote of the Board.
On motion of Supervisor Edwards, the. Board voted unanimously
(5-0) to approve Count Administrator Standish and staff
conducting a public briefing relative to the road/street naming
~ooK 14 ~A~:~00
project prior to the public hearing to be held April 20, 1989,
to entertain public questions and. comments.
Supervisor Turner moved the Board grant permission to County
Administrator Standish to have architects review and prepare a
report relative to alternatives of the old Smithfield High School
gymnasium. The vote in favor was unanimous (5-0).
On motion of Supervisor Ross, the Board voted unanimously
(5-O) to adopt the follo~aing resolution recognizing Virginia
Power for its contributions to the Isle of Wight County Economic
Development Program:
RESOLUTION RECOGNIZING VIRGINIA POWER FOR ITS CONTRIBUTIONS
TO THE ISLE OF WIGHT COUNTY ECONOMIC DEVELOPMENT PROGRAM
WHEREAS, the County of Isle of Wight is committed
to the balanced economic development of the County made possible
by the expansion and attraction of commercial, industrial and
other business opportunities within the County; and
WHEREAS, the Isle of Wight County Board of
Supervisors has established an Economic Development Program which
seeks to provide for balanced growth while maintaining the
County's excellent quality of life, and
WHEREAS, Virginia Power has provided guidance,
expertise and professional support to the County's Economic
Development effort; and
WHEREAS, Virginia Power deserves special
recognition for its outstanding contribution in the production
and publication of a community profile and an audio-visual
presentation entitled, "Isle of Wight Wight County - The Right
Place for Business"; and
WHEREAS, the County of Isle of Wight will utilize
the profile and video presentation in its economic development
promotional efforts to increase ane encourage quality business
development.
NOW, THEREFORE, BE IT RESOLVED that the Isle of
Wight County Board of Supervisors hereby extends its sincere
appreciation to Virginia Power for its support and continued
efforts on behalf of economic development in the County.
On motion of Supervisor Bradshaw, the Board voted
unanimously (5-0) to support Union Camp's air quality program.
County Administrator Standish informed the Board members
that at its April 6, 1989 meeting a resolution would be presented
relative to April being Drug and Alcohol Abuse Week.
County Administrator Standish reminded the Board of the
luncheon on Friday, March 17th, with the Virginia Review
editorial staff.
//
Sheriff C. W. Phelps presented the following activity report
for the month of February: 3,147 man hours; 41,055 mileage; 1,074
papers served; 227 response to calls; 62 prisoners transported; 5
mental patients transported; 23 misdemeanors with 18 arrests; 25
felonies with 13 arrests; 72 traffic summons issued - 6 were no
County tags; and $3,_323 fines collected.
//
On recommendation of County Attorney Crook and on motion of
Supervisor Edwards, the Board voted unanimously (5-0) to adopt
the February 16, 1989 minutes as presented.
//
I
i
1
Supervisor Edwards moved the Board go into executive session
for the purpose of discussing with legal counsel and staff
800K 14 ra:~iVO~
1
1
members personnel, property acquisition and potential litigation.
.The vote in favor was unanimous (5-O).
//
Upon returning to open session Supervisor Turner left the
meeting.
//
At 10:13 P.M. Supervisor Ross moved the meeting be
adjourned, which passed unanimously (5-0).
My es E Standish, Clerk
Henry H. ad y, Chairman