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04-19-1990 Regular Meetingr r ~ Boon .~ .. ~~J;.? 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF APRIL IN THE YEAR ,NINETEEN HUNDRED NINETY 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 Carey Mills, Assistant Clerk The Chairman called the meeting to order at 7: oo P.M. The invocation was given by Chairman Bradby. // The Chairman announced that the public hearing on the agenda for the ordinance was not scheduled for the April 19, 1990 meeting, but was advertised for the May 3, 1990 meeting of the Board of Supervisors. Supervisor Turner moved the ordinance be heard at the May 3, 1990 meeting of the Board of Supervisors. The vote in favor -was unanimous (5-0). The Chairman called for a public hearing on the following application. The request of James M. Person to hold a Music/Entertainment Festival on property owned by Arthur L. Roberts located on Route 686, at Tylers Beach, Hardy Magisterial District on Saturday, May 26, 1990, (rain date on May 27, 1990). James M. Person appeared and stated that the revised rain date was satisfactory. Supervisor Edwards moved to approve the .request of James M. Person. The vote in favor was unanimous (5-O). Chairman Bradby called for a public hearing on the following application. The request of Isle of Wight/Smithfield Chamber of Commerce to hold a Music/Entertainment Festival on property owned by Joseph W. Luter, -III located off of Route 673, Hardy Magisterial District on Saturday, April 28, 1990. Alan Nogi.ec, Co-Chairman of the festival, appeared stating this was the fourth annual Smithfield Ham and Gourmet Food Festival. Supervisor Turner moved to approve the request of Isle of Wight/Smithfield Chamber of Commerce. The vote in favor was unanimous (5-0). e/ Chairman Bradby called for the public hearing on the fiscal year 1990-91 School's Budget. Dr. Morlino, School Superintendent, stated the Board had before them a conservative budget which attempts to fund quality education programs for the children of Isle of Wight County. Dr. ~~`'~ ~ c,~cJv ~4 "~~ 2 Morlino continued that the school was under increasing mandates from the State .and Federal sources to include teachers' salaries, people; teacher ratios, program requirements and increasing enrollment. Dr. Morlino stated that the School Board continues to make use of non-local revenue sources to enhance the educational services to the children of Isle of Wight and there were many requests that the School Boai•d wanted to fund, but choose to select only those in this budget and that some of those items which were not. funded included a significant advance in teachers' salaries, additional outlays for equipment, significant replacement of instructional furniture, carpeting to replace worn out tile, and upgrading athletic facilities, covered walkways and sidewalks. Supervisor Edwards stated that there were two new positions that will be located at the Courthouse in the proposed school budget and asked Dr. Morlino what their compensation and fringe benefits would be. Dr. Morlino stated the two new positions with compensation and fringe benefits were approximately $40,000 each. Dr. Morlino continued that one position was a Coordinator of Technology which would be part of the State plan for technology where the School Board is implementing the use of technology to include computers, video images, video disk interfacing with satellite technology and the School Board is required to have a plan for the acquiring and utilization for instruction of the technology. Dr. Morlino continued the Administrative Assistant is a position that has been in the organizational chart for a number of years but not yet funded and the School Board requested that this position be funded. Supervisor Bradshaw stated enrollment was not increasing and the budget for the School Board in 1982 and 1983 was $9.6 million and today it is $22.9 million. Supervisor Bradshaw continued that the County needed to bring commercial and industrial development into the County to generate revenues to support such expenditures. Supervisor Turner commented that he thought public education had come a long way in Isle of Wight County with strong parent backing and although he did not agree with the additional $80,000 for the two new positions, he would support the budget as proposed with the County Administrator's suggestion of two of the items being taken out of the budget and budgeted in a separate way. Supervisor Turner moved to adopt the fiscal year 1990-91 School Board .budget to include the recommendation of County Administrator Standish for an 8.7$ increase in the operating budget -and allocating $661,000 in the capital budget for removal of asbestos at the Windsor Elementary School and school bus replacement as mandated by the Department of Transportation. The vote in favor was unanimous (5-O). // Chairman Bradby stated the Board had a request to move the public hearing concerning the proposed Kings Colony litigation up to this point on the agenda. Supervisor Bradshaw moved the public hearing concerning the proposed Kings Colony litigation be moved up to this point on the agenda. The vote in favor was unanimous (5-0). County Attorney Crook stated he thought it would be advisable for the Board to have an Executive Session pursuant to Section 2.1- 344.A Subparagraph 7 of the Freedom of Information Act for the purpose of consultation with legal counsel concerning actual litigation, specifically the case of Keusal versus Isle of Wight County Board of Supervisors. Supervisor Bradshaw moved to go into Executive Session as stated by County Attorney Crook. The vote in favor was unanimous 3 (5-0). Upon returning to open session, Supervisor Turner moved the adoption of 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. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Chairman Bradby called for citizens taho wished to speak in favor of the Kings Colony project. Leonard Willis, property owner in the County of Isle of Wight, stated he saw a significant amount of County resources being expended in law suits, subdivisions being approved at random places within the County with no real planning. Mr. Willis continued he was not in favor of Kings Colony as such, but ;: was in favor of developing the County in an orderly and planned manner with sewers and in a manner that would bring.iri revenue producing property to include industrial and business property. Chairman Bradby called for citizens who wished to speak in opposition to the Kings Colony project. Robert S. Kennerley of Twa Riverpoint Trail, Carrollton stated he felt the Board had already made their determination as to what the Board was going to do. Mr. Kennerley continued the Board should close the door that was left open and the way to do that is to downzone the property. Mr. Kennerley stated he would like to see the County developed and sewer brought in in an orderly fashion and if the Board looked at the comprehensive land use. plan and the population projected ten years from now in this section of the County, Kings Colony is going to blow the County wide open. Mr. Kennerley further stated the proffers, water issues, environmental impact study, and tax liabilities had all been talked about and residential development of this sort would not pay for itself. Mr. Kennerley stated to link Hampton Roads Sanitation to Kings Colony would be the biggest mistake the County could make. Mr. Kennerley stated that if the developer would make a deal with the County and wanted to present a counter proposal, then he should be able to do so, and the County should do this thing right this time. Pat Clark, Route 2, Box 95, Carrollton stated that after attending a .briefing on the County's Growth Management Plan on Bo~K 14 r~~:~~~0 4 Tuesday, the King's Colony development, if approved tonight, would be the first big step towards ending the Carrollton's area of natural environment. Brenda Lee, Route 2, Box 39, Carrollton stated the residents of Highway 665 do not want an invasion which would create a population explosion. David Joyner, Route 2, Box 289C, Windsor urged the Board to downzone Kings Colony and let the process begin again from scratch. Albert Brookhart, resident of Carrollton, stated that the County was now in the process of paying for a Growth rlanagement Plan and that Mr. Keusal's project makes a mockery of this plan. Mr, Brookhart asked the Board to downzone and wait until the plan is completed and the County develops the zoning ordinances to support the plan. Herman Jones, resident of Carrollton, stated he wanted the Board to downzone the Kings Colony subdivision. Herbert Sadler, resident of Battery Park, stated he was opposed to the Kings Colony project due to the road system and sewer system. Grace Keen, resident of Smithfield, stated the Isle of Wight Citizens Association was concerned about the quality and quantity of water in our lakes, streams, and wetlands. Mrs. Keen stated the County needed sewer, but the County must also protect the groundwater and asked the Board to protect the health of the citizens of Isle of Wight County and look before the Board leaps into any situation. King David Johnson, resident of Carrollton, stated Isle of Wight County needed sewer. Chairman Bradby asked for further comments from citizens. None appeared. Chairman Bradby asked for comments by Board members. County Attorney Crook advised the Board that at this point, one of two things could be done. The Board could either accept the proposed settlement with Court approval or proceed with the case and initiate downzoning of the property. Supervisor Edwards stated the original zoning was approved with four significant understandings. Supervisor Edwards continued that the Board understood the proffers were binding and enforceable, that the proffers would fully pay for"the cost of the project with no impact on wells in the area and would in no way damage the environment. Supervisor Edwards stated that when the Board downzoned the application, it was done so only after learning that the proffers were unenforceable, the project would not pay for itself, and that there could be significant impact on the wells and the environment. Supervisor Turner stated he had jotted down some notes as to the objections of the citizens and that many of these objections had been addressed. Supervisor Turner stated that there are other options to using ground water in this area and that as this County develops and grows, whether the Board or the citizens want it, there is available land for housing in the County. Supervisor Turner continued that the County needs to plan growth and the major things in growth are water, sewage, roads, and the ability to pay for the schools and such. Supervisor Edwards moved that the Board request the Planning Commission to initiate the process to begin downzoning Kings a~n~r ~ ~~ ,. ~fi~ 5 Colony. The motion passed with Supervisors Edwards, Ross and Bradby voting in favor and Supervisors Bradshaw and Turner voting against (3-2). Supervisor Turner moved for a ten minute recess. The vote in favor was unanimous (5-0). // chairman Bradby called for Citizens Comments. Jimmie Hodges, prospective resident of Springfield Downs, asked the Board for information on when he would be able to purchase building permits for Springfield Downs. - County Administrator Standish stated the Community Development staff would give a report later in the meeting regarding the status of Springfield Downs. 1/ Chairman Bradby called for .the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, asked for the Board's consideration of the following application. Subdivision plat of property of David Horton, 1.856 acres of land located off Route 644, in Hardy Magisterial District. Supervisor Turner moved the Board approve the subdivision plat of David Horton. The vote in favor was unanimous (5-O). Mr. Casket' reminded the Board that at the last Board meeting, a brief summary was presented to the. Board regarding the Springfield Dawns subdivision. Mr. Caskey continued that this is the subdivision that the County was notified of back in October of the developer's failure to complete the improvements and that he had filed for bankruptcy. Mr. Casket' stated that since that time, the County had -been interacting with Crestar Bank or its representatives in working out the provisions for securing the monies that are under the Letter of Credit held by the County for insuring performance of all physical improvements within the subdivision. Mr. Caskey stated the more significant issue was the completion of the water system because that portion of the improvements stopped the issuance of further septic tank permits by the local Health Department which prohibited the issuance of building permits. Mr. Casket' stated the community water system is at a point where the Director of Public Utilities is interacting with the State Health Department relative to the existing situation with the well house. A response from the Health Department is expected within the first or second week in May. Mr. Casket' advised that in the meantime, the County has solicited bids from various well contractors which should be received by April 24, 1990. County Attorney Crook reminded the Board that at the last meeting he had indicated that he had spoken with the attorneys from Crestar. County Attorney Crook advised that a bill for $43,548 which was based on $10, 342 for the water system and $32, 206 for the drainage system. County Attorney Crook further advised that Crestar had prepared a stipulation and motion for bankruptcy court which they have signed and forwarded to Mr. Crook for signature on behalf of the County.. Supervisor Turner moved to authorize County Attorney Crook to endorse the stipulation and send it to the Bankruptcy Court in Massachusetts to authorize payment by Crestar of the necessary funds. BO~~ 14 ~r+;~~~~ 6 Mr. Turner asked if there were any avenues which would allow the owners at Springfield Downs to start building. County Administrator Standish stated the Health Department would not issue septic tank permits because the water system is not complete or approved and the County cannot issue the building permits until the Health Department agrees. Supervisor Turner moved that the staff be instructed to request that, in this unusual situation, a variance be requested from the Health Department in order that the residents may start building on their lots. The vote in favor was unanimous (5-0). Mr. Caskey stated that back in September of 1974 the County amended its zoning and subdivision regulations incorporating and adopting regulations and standards that require the installation of all new utilities, electrical, cable, etc. to be placed below the surface of the ground within platted subdivisions and at individual building sites. Mr. Caskey stated it has been his responsibility to enforce these regulations and his department is being advised by builders and property owners that the County is administering the ordinance in a manner which is more stringent than what had been done in the previous fourteen years. Mr. Caskey further asked for the Board's consideration in referring the matter to the Planning Commission in order that it can be determined if there is more appropriate language that needs to be developed and incorporated into the zoning ordinance on underground utility standards. Supervisor Turner moved to refer the matter to the Planning Commission for study and amendment. The vote in favor was unanimous (5-O). // Chairman Bradby called for the County Attorney's report. County Attorney Crook advised that he had met with Mrs. Keen and other members of the Commission on Aging and drafted a set of bylaws. County Atter_ney Crcok stated he recommended the bylaws and requested the Boar; ~~~;-:~~~~~<~r~. in order that the bylaws could be forwarded on to the Cn~::~~~--_ i~ ~ cn Aging far their approval. Supervisor Edwards moved to approve the draft of bylaws far the Commission on Aging. The vote in favor was unanimous (5-0). // Chairman Bradby called for the County Administrator's report. Supervisor Ross moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVENTEEN THOUSAND THREE HUNDRED FOUR DOLLARS FROM THE FEDERAL. GOVERNMENT FOR THE SPECIAL EDUCATION PRESCHOOL ALLOCATION PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Special Education Preschool Allocation Program; and WHEREAS, the funds in the amount of seventeen thousand three hundred four dollars ($17,304) need to be appropriated to the School grant fund in the 1989-90 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seventeen thousand three hundred four dollars ($17,304) be 4, pocV 14 ~;.~:~~~? 7 appropriated to line item Special Education Preschool Allocation Program in the 1989-90 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion to adopt said resolution passed by unanimous vote (5-O). Supervisor Ross moved the Board adopt the following resolution: ' RESOLUTION TO APPROPRIATE ONE THOUSAND SEVEN HUNDRED DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE SPECIAL EDUCATION INSERVICE GRANT WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Special Education Inservice Program; and WHEREAS, the funds in the amount of one thousand seven hundred dollars ($1,700) need to be appropriated to the School grant fund in the 1989-90 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one thousand seven hundred dollars ($1,700) be appropriated to line item Special Education Inservice Grant in the 1989-90 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion to adopt said resolution passed by unanimous vote (5-0). Supervisor Ross moved the Board approve and the Chairman be authorized to execute the following agreement from .the Smithfield Library Association on behalf of the County: Library Agreement STATEMENT OF PURPOSE: The Smithfield Library Association will continue to support the Smithfield Library in its efforts to provide up-to-date library services for every citizen, while encouraging optimum use of the library and its facilities. The Association will continue to support and assist the library staff in all reasonable requests that contribute towards the achievement of these goals. ARTICLES OF AGREEMENT; Between The Smithfield Library Association, Isle of Wight County and W.C. Rawls Library. 1. All books, equipment, furnishings, etc. given by the Association or its members will remain in the Isle of Wight County Library/Smithfield Branch except when on short term loan. 2. The Library Association, the County and Rawls Library, will advise each other of concerns and-needs on a regular bimonthly basis, while working mutually for the benefit of the Library and its patrons. 3. All parties will be advised in advance of any major proposals or changes concerning the Isle of Wight County r- ea~K 4 .;,. ~~~~ 8 Library/Smithfield Branch and each will be given the opportunity to respond before a change is implemented. The motion to adopt the said Smithfield Library Association agreement passed by unanimous vote (5-0). Supervisor Turner moved ~o advertise the following resolution for public notice in order for the public to have an opportunity to be present. Resolution agreeing to the request of the Virginia Department of Transportation to close Route 646 temporarily for the purpose of replacing a bridge over Pope Swamp. Whereas, the Virginia Department of Transportation is desirous of closing '~2oute 646 for the purpose of replacing a bridge over Pope Swamp, Project 0646-046-203,N501 has requested the approval of the Board; Now, therefore, be it resolved by the Board of Supervisors of Isle of Wight .County, Virginia, that the Board concurs with the reco:-~rnendation that Route 646 be closed to thru traffic between Route 644 and Route 649 during the time of construction replacing a bridge over Pope Swamp, thereby eliminating the construction of an expensive detour. The motion to advertise this road closure and the most recent road closure for public notice passed by unanimous vote (5-0). County Administrator Standish advised the Board that the Chairman of the Planning Commission suggested that there be a joint meeting between the Board of Supervisors and the members of the Planning Commission. Supervisor Turner moved to have County Administrator Standish set up a mutually agreeable date, place, and time for the Planning Commission members to meet with the Board of Supervisors. The vote in favor was unanimous (5-0). County Administrator Standish noted the public hearing notices for the County's general obligation bond issue had been forwarded to the Board, and that if the Board did not have any questions oz comments, publication of same would proceed. Supervisor Bradshaw stated that he had received a financial report from the auditors with a nice letter. County Administrator Standish commented that Hilda Harmon, Director of Budget & Finance, had done an excellent job managing the County's revenues and expenditures. // Chairman Bradby called for the Appointments. Supervisor Ross moved that the Board appoint Ray Hughes, whose current term expires June 30, 1990, to the SVJTA Private Industry Council for an additional one year term. The vote in favor was unanimous (5-O). Supervisor Ross moved the Board appoint Linda Bean, whose term expires-June 30, 1990, to the SVJTA Private Industry Council for a two year term, The vote in favor was unanimous (5-0). // Supervisor Edwards moved the Board approve the March 15, 1990 minutes of the Board of Supervisors. The motion passed by unanimous vote (5-0).