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11-16-1989 Regular MeetingaooK 14 ~~~.-470 '1 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. // 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 .. 900K ~~ .~~~~ 2 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. 1 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. 1 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 aooK 14 r~;:~~7? 3 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. // 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). // Chairman Bradby asked for the Community Development report. W. Douglas Caskey, Assistant County Administrator; Community Development, stated he had no items for discussion. // 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. // Supervisor Ross requested a ten minute recess. r Supervisor Bradshaw moved to approve the request for a ten minute recess. The vote in favor was unanimous (5-0). [i 1 1 // ,, aoan 14 .,.,~ 4i3 4 1 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). 1 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. 1 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 B~~b ~4 rh;;r i~~ 5 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). // 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, 1 a~~K 14 ~:~~4~} 6 their families, and their neighbors; and, D 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. 1 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 ao~K ~.4 >~::~47~ 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. f 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 1 ~_ 1 .. ~ _. ~~ is aooK 14 r~,:~ 4i7 8 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. // 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 s 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). i m ao~K C~ Myles E Standish, Clerk . Z4 ,r,478 Henry H. Br dby, Chairman 1