11-02-1989 Regular Meeting-t
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SECOND DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY
NINE
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PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr.
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
Bill McKay, Community Development
Carey Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 2:00 P.M. The
invocation was delivered by Chairman Bradby.
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R. W. Coates, Resident Engineer, Virginia Department of
Transportation, stated he had no particulars, but was available for
questions or comments.
Supervisor Bradshaw requested Mr. Coates to speak with Mr.
Keech concerning poor drainage on Route 58 close to the Church of
God.
Chairman Bradby requested Mr. Coates to look into the bush
problems on Route 647 where bushes are damaging the school buses.
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Dwight Farmer of the Southeastern Plbnning District Commission,
introduced John Hassell of Linton, Mields, Reisler and Cottone,
who provided a report to the Board on the existing transportation
situations, future alternatives, and financing strategies.
The Board voted unanimously (5-0) to adopt the motion of
Supervisor Turner to support the concept of the creation of a
Hampton Roads Regional Transportation Finance Authority to
represent the communities of the region in pursuing transportation
improvements and appropriate financing strategies.
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Chairman. Bradby called for a public hearing on the following
rezoning applications:
1. The application of Marion Neighbors, owner,
Community Opportunities for the Disabled, Inc.,
prospective owner, for a chance in zoning
classification from A-1, Agricultural Limited to
Conditional R-3, Conditional Townhouse Residence
District, 2 acres of land located on the east side
of Route 614, between Route 645 and Route 603, in
Hardy Magisterial District. The purpose of the
application is for a group home serving mentally
retarded or other developmentally disabled persons.
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Vince Doheny, Executive Director of the Western Tidewater
Community Services Board, spoke in favor of the application stating
there is a great need for facilities for the mentally retarded
throughout the western tidewater area.
Robert Bishop, Director of the Zuni Presbyterian Training
Center and Chairman of the Western Tidewater Mental Health Services
Board, spoke in favor of the application stating that he thought
this home would be well staffed and supervised making it a quality
home he would be glad to have in the community.
James Stiltner, who indicated he lived approximately 300 yards
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from the proposed site, spoke in opposition to the application
stating he had various concerns relative to this home being built
next to his property in that it could possibly reduce property
values, increase traffic, and would require constant supervision
of staff.
Supervisor Edwards requested County Attorney Crook to advise
him on whether or not he had a conflict of interest that would
prohibit him from participating due to his representation of a
client who is seeking immediate placement in a group home as a
legal aid attorney.
County Attorney Crook advised Supervisor Edwards that the
Virginia Conflict of Interests Act is geared toward a financial
interest and it is his opinion that Supervisor Edwards has no
material financial interest as defined by the Act by virtue of his
employment and no compensation from the client as- a legal aid case.
Supervisor Edwards spoke in favor of the application stating
he would prefer that the application be passed as recommended by
the Planning Commission.
Supervisor Turner moved that the Board table the application
to November 16, 1989, to enable the Board to meet .with people
within the vicinity of the proposed group home site to establish
a better understanding so that the group home can begin on a solid
foundation with the support of the neighborhood and not with the
fear of the neighborhood. The vote was (4-0) to table the
application until the November 16, 1989, meeting. Mr. Edwards
voted in opposition to the motion.
Supervisor Bradshaw suggested the Board meet with concerned
citizens and Mr. Doheny on Wednesday, November 8, 1989, at 7:00
P.M. at the Presbyterian Home.
2. The application of Dois I. Rosser, Jr. to amend
Conditional Residential Zoning on approximately
631 acres of land located on the east side of
Route 655, between Route 620 and Route 656 in
Newport Magisterial District. The request is
specifically to amend proffered condition #8
regarding public facilities.
A. L. Jones, attorney representing the developers on the
request to amend proffer #8, gave the County an overview on what
has occurred to date. Mr. Jones stated that under the old proffer,
sewer service was to be provided by the Town of Smithfield. Mr.
Jones stated the purpose of this amended proffer is to request the
Board of Supervisors allow the developers to put in a mass
drainfield which will be used until sewer service is available.
Mr. Jones further stated the project was going to~have to be shut
down at this time until sewer can be guaranteed unless the
developers have the opportunity to go through with the mass
drainfield.
Mr. Courtright, the developer, gave a brief summary of what
has transpired within the last fifteen months.
Norman Mason, of Langley & McDonald Engineers, presented a
drawing which showed the overall sanitary sewer layout for the
Cypress Creek subdivision. Mr. Mason went on to say that Langley
& McDonald Engineers had met with representatives of Western
Tidewater Health District who reviewed the plans, and Western
Tidewater Health District was in general agreement with the plans.
Supervisor Turner moved the Board table the application to
November 16, 1989, until the County Attorney and County
Administrator could meet with the developer to discuss having a
financial commitment on the part of the developer to the County
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written into the proffer. The motion was adopted by unanimous vote
(3-O) .
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3. The application of Sutton A. Burroughs and Rosa L.
Burroughs for a change in zoning classification from A-
1, Agricultural Limited to conditional B-1, Conditional
Business General, approximately 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.
C. Richard Griffith, Jr., attorney representing the owners,
Mr. and Mrs. Burroughs and the contract owner/developer, gave a
brief summary of the application.
County Attorney Crook commented that proffer ~3 needed to be
amended to reflect that public water is provided by the County.
He further stated that proffers could not be changed orally at
Board meetings and that they needed to be in writing prior to the
hearing in order for the Board to act on it. He stated further
that he had brought this to the attention of the applicants at the
Public Hearing before the Planning Commission and had assumed that
the applicants would amend the proffer prior to the'Public Hearing
of the Board of Supervisors.
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The vote was unanimous to
Bradshaw to table the application
the applicants time to amend the
publication in the newspapers.
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adopt the motion of Supervisor
until December 7, 1989, to allow
proffer,-;and allow ample time for
The motion of supervisor Bradshaw for a ten minute recess was
unanimously adopted (5-0).
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The motion of Supervisor Turner to move Old Business up to the
present point of the agenda was unanimously adopted (5-0).
The application of Lotz Realty Company for a change in
zoning classification from A-1, Agricultural Limited,
to Conditional R-A, Conditional Rural Residential,
approximately 30 acres of land located on the north
side of Route 620, between Routes 655 and 258, in
Newport Magisterial District. The purpose of the
application is for a single family dwelling subdivision
of no more than 24 lots. (September 7, 1989, October 5, 1989,
and November 2, 1989.)
A. L. Jones, attorney for Lotz Realty Company, Inc., presented
a proffer which he stated had been delivered to County Attorney
Crook earlier that day. Mr. Jones stated Mr. Lotz, of Lotz Realty
Company, Inc., is prepared to improve the road and proposes to make
a proffer of $1,200. per unit.
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County Attorney Crook advised the Board that this application
came before the Board and was referred to the Planning Commission
at the request of the applicant. County Attorney Crook further
stated that when the application was heard by the Planning
Commission on August 8, 1989, the applicant presented two
additional proffers with one of the proffers being the one that was
handed to the Board today. County Attorney Crook pointed out that
the applicant has not proffered today the other proffer which
restricts the lots access on Route 620 only. County Attorney Crook
advised the Board that due to the change in proffers, the
application needs to be advertised for a new public hearing.
Supervisor Bradshaw moved to table the application to December
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7, 1989, due to a change in proffers. The motion was adopted by
unanimous vote (5-0).
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Chairman Bradby called for the Community Development report.
William McKay, Community Development Planner, presented the
following application for the Board's approval:
1. The application of Community Opportunities for the
Disabled, Inc. for a Conditional Use Permit to allow a
group home serving mentally retarded or other
developmentally disabled persons on~approximately two (2)
acres of land located on the east side of Route 614,
between Route 645 and Route 603, in Hardy Magisterial
District.
Supervisor Turner moved to table the application until the
November 16, 1989, meeting. The motion was adopted by unanimous
vote (5-0).
2. The application of Mary Katherine Foster and Gladys
Pohl for a Conditional Use Permit to locate a mobile
home for their brother, Fred Elsey on eighty-four (84)
acres of land located on the east side of Route 604, in
Newport Magisterial District.
Supervisor Turner moved the Board to approve the application.
The motion was adopted by unanimous vote (5-O).
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook advised the Board of the situation with
HRSD, the Town of Windsor, and Isle of Wight County. He stated the
County had a committee appointed of Supervisor Edwards, County
Administrator Standish, Supervisor Bradshaw and himself which had
met with a committee of the Town Council and its Town Attorney and
they had reached an agreement on several points. County Attorney
Crook advised the Town Attorney that he saw no problem with the
outline of points of agreement which the Town Attorney had prepared
and which had been distributed to the Board members.
Supervisor Bradshaw moved that another meeting be set up with
the Town of Windsor on the HRSD line. The motion was adopted by
unanimous vote (5-0).
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County Attorney Crook requested an Executive Session for
report and advice of counsel under Section 2.1-344 A.3. of the Code
of Virginia on negotiations concerning public acquisition and/or
use of property specifically negotiations with the City of Franklin
concerning Franklin's water system and a proposed lease purchase
agreement for a fire truck for Carrsville Volunteer Fire
Department, and a proposed water agreement with the City of
Norfolk.
Supervisor Bradshaw moved that the Board go into Executive
Session for the purposes stated by County Attorney Crook. The
motion was unanimously adopted.
Upon the Board returning to open session, Supervisor Edwards
moved to adopt the following resolution:
~ERTTFICATION OF EXECUTIVE MEETING
C
n
WHEREAS, the Board of Supervisors has convened an executive
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meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of
Information Act; and
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WHEREAS, 2.1-344.1 of .the Code of Virginia requires a
certification by this Board of Supervisors that such executive
meeting was conducted in confonaity 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
to which this certification resolution applies and (ii) only such
business matters as were identified in the motion convening the
executive meeting were heard, discussed or considered by the Board
of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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Chairman Bradby called for the County Administrator's report.
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County Administrator Standish reported that he had a brief
presentation from C.J. More, resident of Isle of Wight County and
Supervisor of Juvenile Court Services for Isle of Wight County in
regard to the creation of a youth services program at the local
level. Mr. More advised that he would like the Board to appoint
a steering committee of five to seven individuals to further study
the problems facing youth in the County.
County Administrator Standish submitted a summary of twelve
legislative proposals recently developed by the Grayson Commission
of Local Government Structures, pursuant to House Joint Resolution
286 which were prepared by the General Assembly's Legislative
Services Division. County Administrator Standish encouraged the
Board to authorize a letter to the General Assembly that endorses
the Grayson Commission proposals.
County Attorney Crook advised that he would like to review
these proposals and advise the Board before the Board acted on the
Grayson Commission proposals.
County Administrator Standish reported that due to rising
insurance costs for Blue Cross/Blue Shield, it will soon be
necessary to review the alternative of reductions of benefits in
order to maintain reasonable costs. As a result, the Regional
Planning District Commission has initiated a study of a Hampton
Roads Healthcare Insurance Program which may provide a cost
efficient alternative to member localities. County Administrator
Standish also reported that the SVPDC has requested a confirmation
from the County as to whether the County wishes to be included in
the study. County Administrator Standish further reported that
such confirmation does not obligate the County to actively
participate in an insurance plan if one is developed.
Supervisor Turner moved that the County Administrator provide
confirmation to SVPDC that Isle of Wight County wishes to be
included in the healthcare study. The motion was adopted by
unanimous vote (5-0).
County Administrator Standish reported that the Real
Smithfield Jaycees had submitted a request for permission to use
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the yard and parking lot of the old Smithfield High School on
December 16, 1989, between 9:00 a.m. and 2:00 p.m. for the staging
of the Smithfield Christmas. parade.
County Attorney Crook inquired of County Administrator
Standish he had a specific request as to which parking areas and
other areas were to be used. He pointed out that much of the
former parking areas were under construction for tennis courts
and/or were being re-paved for new parking areas. He suggested
that the County require coordination between the Jaycees and the
contractor.
Supervisor Turner moved that County Administrator Standish
coordinate between the contractors and the Jaycees to make them
aware of the new changes and to determine which areas could be
used. The motion was adopted by unanimous vote.
County Administrator Standish reported the Executive Board of
the Virginia Association of Counties has selected him to serve on
the Virginia Association of Counties Commission on the Future.
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County Administrator Standish requested an Executive Session
for the purpose of interviewing prospective consultants and for the
negotiation of professional services relative to the preparation
of a master water and sewer plan for Isle of Wight County.
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Supervisor Turner moved
Oliver V. Wooster to serve
Newport Election District.
Vote.
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that the Board reappoint Colonel
on the Social Services Board from
The motion was adopted by unanimous
Supervisor Turner moved the Board approve the October 19, 1989
minutes of the Board of Supervisors. The motion was adopted by
unanimous vote.
At 5:30 P.M., Supervisor Turner moved to go into Executive
Session pursuant to Section 2.1-344 A.1. for discussion or
consideration for interviews of prospective candidates for the
purpose of negotiating for professional services relative to the
preparation of a master water and sewer plan for Isle of Wight
County. The firms to be interviewed are Buck, Seifert & Jost,
Incorporated and Gannett Fleming respectively. The motion was
adopted by unanimous vote.
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Following the Executive Session, upon returning to open
session, Supervisor Edwards moved the Board adopt the following
resolution:
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WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of
Information Act; and
WHEREAS, 2.1-344.1 of the Code of Virginia requires a
certification by this Board of Supervisors that such executive
meeting was conducted in conformity with Virginia law;
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
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hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawtully exempted tzom open meeting
requirements by Virginia law were discussed in the executive
meeting to which this certification zesolution applies, and (ii)
only such public business matters as were identified in the motion
convening the executive meeting vest heard, discussed or considered
by the 8oazd of Supervisors.
VOTE
11YES s 1
NJ-YS S 0
11BSENT DURING VOTES 1
11BSENT DURING !lEETZNGS 0
(Supervisor Turner departed during the Executive Session atx!
vas unavailable for the vote at that time.)
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/1t ~s00 P.H. Supervisor Rosa moved for adjournment which vas
adopted by unanimous vote of those membezs present (e-o).
/~/ ~~ eery H. eradby, Chairman
Jlyles//. Standish, Clerk
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