11-16-1989 Regular MeetingaooK 14 ~~~.-470
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SIXTEENTH DAY NOVEMBER 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
Judy A. Begland, Economic Development
Coordinator
Carey Mills, Assistant Clerk
The Chairman called the meeting to order at 7:00 P.M. The
invocation was given by Chairman Bradby.
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Supervisor Bradshaw moved that Old Business be heard before
Citizens Comments. The vote in favor was unanimous (5-0).
1. The application of Marion Neighbors, owner,
Community Opportunities for the Disabled, Inc.,
prospective owner, for a change 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. (Tabled
11/2/89]
County Attorney Crook reminded the Board that this application
was tabled on November 2, 1989 following the public hearing to
allow time to provide further information to the public through
meetings of the applicant and concerned citizens prior to action
by the Board. County Attorney Crook further stated that if the
Board wished to have further public comment, it would require a
motion by the Board since the public hearing was conducted on
November 2, 1989.
Supervisor Turner moved to allow further public comment. The
vote in favor was unanimous (5-Oj. ,
Supervisor Edwards suggested that due to federal law which is
specific on what kind of comments the governing board is allowed
to consider, it would be appropriate for County Attorney Crook to
discuss the law which governs the Board prior to comments from the
public.
County Attorney Crook advised the Board that the zoning
ordinance requires R-3 zoning Townhouse Residential District for
Group Homes and requires a conditional use permit. County Attorney
Crook reported that in that zone, the County requires a conditional
use permit for group homes, homes for the aging, and day care
homes. County Attorney Crook explained that federal law is
involved because the Fair Housing Amendments Act of 1988 which
became effective March 12, 1989, states that restrictions on the
ability to open group homes far people with disabilities is a
violation of the federal law if they limit the ability of people
with disabilities to live as other citizens. County Attorney Crook
stated that this is federal law and questioned whether the
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requirement of R-3 zones for such homes is contrary to federal law
and advised that under his interpretation of the federal law, it
is. County Attorney Crook stated that the County should allow a
group home in any district that residential homes are allowed and,
in view of this, under the federal law, the group home could be
built in any agricultural or residential district of the County
regardless of what the zoning ordinance specifies.
Supervisor Turner asked County Attorney Crook what action the
Board should take.
County Attorney Crook advised that the Board should approve
the group home unless the Board has substantial reasons other than
the fact that the persons living there will be disabled.
Chairman Bradby asked for persons who wished to speak in favor
of the application.
Vince Doheny, Executive Director of the Western Tidewater
Community Service Board, spoke in favor of the application stating
he does not want to upset the community, but he is trying to
provide a home for mentally retarded adults where they can lead
more productive lives.
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Mr. Neighbors, present owner of the two acre lot, spoke in
favor of the application and asked the Board to favorably consider
the application.
Reverend Mark Buckner spoke in favor of the application
stating he had a child with Downs Syndrome and asked for the
Board's favorable consideration of the application.
Bill Barrett spoke in favor of the application stating he had
a physically handicapped son and asked for the Board's favorable
consideration of the application.
Robert Bishop, Director of the Zuni Presbyterian Training
Center, spoke in favor the application and asked for the Board's
favorable consideration of the application.
Chairman Bradby asked for persons who may wish to speak in
opposition to the application.
James Stiltner, adjacent property owner, spoke in opposition
of the application stating concerns about the impact this home
would have on the community.
Supervisor Bradshaw stepped out of the room at 7:35 and
returned at 7:39 P.M.
Charlotte Cornett, Route 614, spoke in opposition to the
application stating that twenty years ago the Zuni Presbyterian
Home was started with only a few students only to grow to a number
of fifty-two today. Mrs. Cornett further stated that she had
always supported the Presbyterian Home, but was concerned about
students getting out and getting lost, sometimes in the night.
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Chairman Bradby .asked for comments by Board members.
Supervisor Bradshaw commented that the people in opposition
to the home were worried about sufficient supervision and felt that
the home should be built in another community or made part of the
present Presbyterian Center instead of building a separate home.
County Attorney Crook stated that he heard two reasonable
conditions from the public which the Board could impose:
1. The number of disabled persons be limited to
twelve with necessary supervisory personnel
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2. Twenty-four hour adult supervision
Supervisor Ross questioned County Attorney Crook if the Board
has the authority to request these conditions.
County Attorney Crook advised the Board that it has the
authority to impose these conditions under the Conditional Use
Permit application to insure the welfare and safety of the
inhabitants of the group home and the community.
Supervisor Ross moved to request the following conditions
under the Conditional Use Permit application:
1. The number of disabled persons be'limited to
twelve with necessary personnel.
2. Twenty-four hour adult supervision with a
minimum of two adult supervisors at night.
The motion was adopted by a vote of four to one (4-1) with
Supervisor Bradshaw voting in opposition to the motion.
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3. 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. (Tabled 11/2/89)
A. L. Jones, attorney, requested the Board to table the
application to the December 21, 1989 regular meeting of the Board
of Supervisors of Isle of Wight County.
Supervisor Ross moved to table the application to the December
21, 1989 regular meeting of the Board of Supervisors of Isle of
Wight County. The vote in favor was unanimous (5-O).
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Chairman Bradby asked for the Community Development report.
W. Douglas Caskey, Assistant County Administrator; Community
Development, stated he had no items for discussion.
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Chairman Bradby asked for the County Attorney's report.
County Attorney Crook informed the Board that he was in
receipt of the Western Tidewater Regional Jail agreement from the
City of Suffolk, which the Board of Supervisors previously
approved, but had not been authorized for signature because the
Board was waiting for Franklin and the City of Suffolk to approve
it.
Supervisor Turner moved to approve the agreement. The vote
in favor was (4-0). Supervisor Edwards was not present for the
vote.
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Supervisor Ross requested a ten minute recess.
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Supervisor Bradshaw moved to approve the request for a ten
minute recess. The vote in favor was unanimous (5-0).
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County Attorney Crook informed the Board that he had reviewed
the Grayson Commission proposal on Local Government Structures and
did not recommend the proposal because it eliminates annexation
only for the large independent cities of 125,000. County Attorney
Crook further stated that the smaller cities and towns would still
be allowed to change their borders although it would be in the
hands of the Commission on Local Government. County Attorney Crook
advised that it would be better for the Board to follow the
Association of Counties recommendation rather than taking a
separate stand.
Supervisor Ross moved to endorse the position of the Virginia
Association of Counties stand on the Grayson Commission proposal.
The vote in favor was unanimous (5-0).
County Attorney Crook advised that he had two proposed water
agreements for Waterford Oaks and Cypress Creek that Dave Murphy,
Director of Public Utilities, had forwarded to him for review.
County Attorney Crook recommended these agreements and requested
the Board authorize the Chairman or County Administrator to execute
them on behalf of the County.
Supervisor Turner moved to authorize the County Administrator
to execute these agreements on behalf of Isle of Wight County. The
vote in favor was unanimous (5-0).
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County Attorney Crook informed the Board that at the November
2, 1989 meeting, the Board had authorized County Attorney Crook to
negotiate the objectional provisions to be deleted or modified in
the lease purchase agreement for the Carrsville Volunteer Fire
Department truck. County Attorney Crook advised the Board that
only half of the objectional provisions were agreed to by Banc One
and, in view of that, County Attorney Crook recommended that the
Board not enter into the lease purchase agreement with Banc One.
Supervisor Ross moved not to enter into the lease purchase
agreement with Banc One and to adopt the following resolution
recommended by County Administrator Standish. The vote in favor
was unanimous (5-O).
RESOLUTION TO APPROPRIATE ONE HUNDRED TWENTY-EIGHT
THOUSAND SIX HUNDRED TWENTY-ONE DOLLARS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE
CARRSVILLE VOLUNTEER FIRE DEPARTMENT FIRE TRUCK
WHEREAS, the Board of Supervisors of the County of
Isle of Wight, Virginia, has approved the purchase of a
fire truck for the Carrsville Volunteer Fire Department;
and,
WHEREAS, the funds in the amount of one hundred
twenty-eight thousand six hundred twenty-one dollars
($128,621) need to be appropriated from the
unappropriated fund balance to the Carrsville Volunteer
Fire Department, equipment line item in the 1989-90
budget of the County of Isle of Wight.
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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 one hundred twenty-eight thousand six
hundred twenty-one dollars ($128,621) from the
unappropriated fund balance be appropriated to line item
14-3202E-5604 B, Carrsville Volunteer Fire Department
equipment 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
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budget and to do all the things necessary to give this
resolution effect.
County Attorney Crook advised the Board that he had received
a proposed draft for the sewer agreement for the Town of Windsor
and the County of Isle of Wight and that he understood Supervisor
Bradshaw had requested a further meeting with the Town at the last
meeting of the Board. County Attorney Crook advised the Board to
not take action on the agreement until Supervisor Bradshaw had his
meeting with the Town.
County Attorney Crook stated he had reviewed a proposed draft
agreement on the master water and sewer plan~and recommended it to
the Board.
County Administrator Standish reported ,that the staff
recommendation was to select Gannett Fleming.
Supervisor Edwards moved to select Gannett Fleming for
engineering services for the master water and sewer plan. The vote
in favor was unanimous (5-0).
County Attorney Crook requested the Board authorize the
execution of the agreement between the Board and the engineering
firm selected.
Supervisor Turner moved to authorize the execution of the
agreement between the Board and the engineering firm selected. The
vote in favor was unanimous (5-0).
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Chairman Bradby asked for the County Administrator's report.
County Administrator Standish introduced Judy Begland,
Coordinator of Economic Development, who gave a presentation on
Smithfield Foods relative to their difficulties with the State
Water Control Board and their expressed intention of possibly
expanding into North Carolina rather than in Isle of Wight County
and eventually moving their plant to North Carolina.
Supervisor Edwards recommended the Board authorize the
Chairman to appoint a committee from the Board, the Town of
Smithfield appoint a committee, and the meat packing plants appoint
a committee to discuss interrelated sewage issues.
Supervisor Turner moved to appoint a committee of the Board
of Supervisors consisting of Supervisor Turner and Supervisor Ross
to meet with representatives of the Town of Smithfield and
Smithfield Foods to discuss interrelated sewage issues. The vote
in favor was unanimous (5-0).
County Administrator Standish presented a resolution to the
Board requesting April 22 through April 28, 1990 be designated as
Volunteer Recognition Week in Isle of Wight County.
Supervisor Turner moved the Board adopt the following
resolution with correction of "proclamation" to "resolution"
therein to establish April 22 through April 28, 1990 as Volunteer
Recognition Week in Isle of Wight County. The vote in favor was
unanimous (5-O).
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIRGINIA ESTABLISHING APRIL 22 THROUGH APRIL 28,
1990 AS VOLUNTEER RECOGNITION WEEK IN ISLE OF WIGHT
COUNTY
WHEREAS, we are a nation that was founded by
individuals who dedicated their lives, energies, and
resources to making this a better world for themselves,
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their families, and their neighbors; and,
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WHEREAS, volunteerism directly reflects the
democratic principles upon which this nation was founded
in that everyone, regardless of their circumstances,
race, age, sex, color or creed can volunteer; and,
WHEREAS, the number of individuals engaging in
volunteer work and the important variety of services
provided increase each year, providing challenges and
fulfillment, and rich rewards from helping others,
improving skills, and widening one's horizons; and,
WHEREAS, it is appropriate to recognize and to honor
the numerous contributions of the many volunteers serving
the community of Isle of Wight, as well as this
Commonwealth of Virginia, and to join in with State and
national leaders to set a special time for such
recognition.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County that the
week of April 22 through April 28, 1990, is hereby
established as Volunteer Recognition Week in Isle of
Wight County.
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BE IT FURTHER RESOLVED, that a copy of this
resolution be forwarded to the numerous volunteer groups
and organizations within the County, and that this
resolution be prominently posted at the Isle of Wight
Courthouse.
County Administrator Standish informed the Board that the
County had been awarded a grant from the Virginia Department of
Health in the amount of $18,827 for the Women, Infants, and
Children Program and recommended the Board favorably consider the
grant and appropriately amend the County budget.
Supervisor Ross moved the Board adopt the following resolution
to accept and appropriate $18,827 for the Women, Infants, and
Children Program. The vote in favor was unanimous (5-0).
RESOLUTION TO ACCEPT AND APPROPRIATE EIGHTEEN THOUSAND
EIGHT HUNDRED TWENTY-SEVEN DOLLARS FROM THE VIRGINIA
DEPARTMENT OF HEALTH FOR THE WOMEN, INFANTS AND CHILDREN
PROGRAM AT THE ISLE OF WIGHT HEALTH DEPARTMENT
WHEREAS, the Board of Supervisors of the County of
Isle of Wight, Virginia has been awarded a grant with the
Virginia Department of Health for the Women, Infants and
Children Program at the Isle of Wight Health Department,
and,
WHEREAS, the funds in the amount of eighteen
thousand eight hundred twenty-seven dollars ($18,827) to
be received from the Virginia Department of Health need
to be appropriated to the Women, Infants and Children,
Salaries and Fringe Benefits line items 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 eighteen thousand eight hundred twenty-
seven dollars ($18,827) to be received from the Virginia
Department of Health be appropriated to line item 28-
5119--1001 Salaries ($14,664) and line item 28-5119-1019
Fringe Benefits ($4,163) in the 1989-90 budget of the
County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator
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of the County of Isle of Wight, Virginia, is authorized
to make the appropriate accounting adjustments in the
budget for this grant and to do all the things necessary
to give this resolution effect.
County Administrator Standish asked for the Board's favorable
consideration relative to the County legislative priorities package
provided under separate cover prior to the Board meeting.
Supervisor Ross moved the Board accept the following
resolution establishing Isle of Wight County's legislative
proposals to be presented to the County's delegation to the 1990
session of the General Assembly. The motion was adopted by a vote
of four to one (4-1) with Supervisor Edwards voting against the
motion.
RESOLUTION ESTABLISHING ISLE OF WIGI~T COUNTY'S
LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE COUNTY'S
DELEGATION TO THE 1990 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous
issues that affect local governments both directly and
indirectly; and,
WHEREAS, the County of Isle of Wight had specific
interest in matters dealing generally with local
governments, as well as with matters directly impacting
Isle of Wight; and,
WHEREAS, said interest should be shared with Isle
of Wight County's General Assembly Delegation so that it
may know of Isle of Wight County's position on these
important issues.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight endorses the
attached legislative proposals for the 1989 General
Assembly Session and forwarded to Isle of Wight County's
General Assembly Delegation and that the County
Administrator and his staff work with and assist the
Delegation as appropriate.
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County Administrator Standish presented a cost summary of
anticipated construction activities relative to the Western
Tidewater Regional Jail project for the current fiscal year to
encourage discussion relative to a general obligation bond issue
for the County. County Administrator Standish also presented an
outline on procedures fora general obligation bond issue, provided
by Mr. Larry Wales of Municipal Advisors, Incorporated, a firm
which could serve as the County's financial advisors in a bond
issue. County Administrator Standish recommended that Larry Wales
be retained as a financial consultant to guide the County through
a bond issue and that the County solicit a proposal from Frank
Spady, an architect, to give the County a cost estimate on the
Public Safety building and Clerk's office.
County Attorney Croak advised that he would review the
Procurement Act for the Board and advise them concerning their
authority to act as requested by County Administrator Standish at
their next meeting.
Supervisor Turner moved the Board have County Attorney Crook
report back to the Board after reviewing the Procurement Act. The
vote in favor was unanimous (5-0).
County Administrator Standish stated he had one late item for
the Board's consideration regarding the Zuni Ruritan Club
approaching the County previously to purchase pipe to put in a
hydrant in the Zuni area to connect a pond to the roadway to serve
as a fire hydrant. County Administrator Standish reminded the
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Board an offer was made by the Zuni Ruritan Club that if the County
purchased the pipe, the Ruritan Club would donate the labor to
install it. The Board approved it, the pipe was acquired, but the
offer of free installation had been withdrawn. The County
Administrator advised the Board that the estimate was approximately
$3,500 to install the pipe.
Supervisor Turner moved the Board approved the allocation of
funds not to exceed $3,500. for installation of the pipe in Zuni.
The vote in favor was unanimous (5-0).
Supervisor Turner moved for approval of the minutes of the
October 19, 1989 Board of Supervisors meeting with noted
corrections. The vote in favor was (4-0). Supervisor Ross was not
present.
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County Attorney Crook requested an Executive Session for
consultation with legal counsel and briefings by staff members,
and consultants pertaining to actual or probable litigation and for
other specific legal matters requiring legal advice by counsel
specifically concerning the two developments of Myers Landing and
Springfield Downs and one EEOC complaint, under the Freedom of
Information Act, Section 2.1-344 A.7.
At 9:35 P.M. Supervisor Turner moved the Board go into
Executive Session for the reasons stated by County Attorney Crook.
The vote in favor was unanimous (5-O).
Upon the Board returning to open session, Supervisor Ross
moved to adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of
Information Act; and
WHEREAS, 2.1-344.1 of the code of Virginia requires a
certification by this Board of Supervisors that such executive
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive
meeting to which this certification resolution applies, and (ii)
only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered
by the Board of Supervisors. I
VOTE
AYES: 5
NAYS: 0 I
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Clerk of Board of Supervisors
At 10:30 P.M. Supervisor Ross moved the meeting be adjourned,
which passed unanimously (5-O).
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Myles E Standish, Clerk .
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Henry H. Br dby, Chairman
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