07-23-1998 Continued MeetingBOOK ~O Y~~~ SQ.
CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-THIRD DAY OF JULY IN THE YEAR
NINETEEN HUNDRED NINETY EIGHT
PRESENT: -Robert C. Claud, Sr., Chairman
O. A. Spady, Vice-Chairman
Malcolm T. Cofer
Phillip. A. Bradshaw
Henry H. Bradby
Also Attending: H. Woodrow Crook, Jr., County Attorney
. ~ W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of Human
Resources
Melinda Goodwyn, Acting Recording Secretary
Chairman Claud called the meeting to order at 6:00 p.m. for the purpose
of conducting a work session on the following application:
The application of Thomas L. Newton, Jr. and Thomas S. Word, trustees
for a change in zoning classification of approximately 609 acres of land
currently zoned NC-Residential General, General Industrial and General
Commercial. Approximately 87 acres are proposed to be rezoned to
Conditional General Commercial .and. approximately 522 acres are
proposed to be rezoned to Conditional Planning Development Residential.
This property, known as the Springfield Tract and formerly part of the
Graymor Development Plan, is located on the east and west sides of
Carrollton Boulevard (Route 17) in Newport Magisterial District. The
purpose of the application is for general commercial development, single
family residential and multi-family residential development as conditioned.
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County Attorney Crook stated he and Jonathan W. Hartley, Director' of
Planning and Zoning, met with Branch Lawson and William Riddick,
representatives of the applicants, Thomas L. Newton, Jr. and Thomas S. Word,
trustees, to explain that there were parcels of land zoned A-1 and left A-1 in the
earlier zoning which were not identified in the application and the notice for the
public hearings :and that they were going to have to file a new .application.
County Attorney Crook stated in addition to what he had explained to the Board
earlier about the buffer areas remaining A-l, it was also discovered that the
twelve (12) acre. school site located in the middle of the development had also
been left zoned A-1 and could not be effectively rezoned under the application.
The fiscal impact and the other concerns of the Board were also discussed, as
well as the concerns expressed by the School Board and the Planning
Commission, i.e., cost of the school site, cost of water and sewer for the school
site, some method of tying residential development to commercial development
and the possibility of having another report done by Tischler. County Attorney.
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Crook stated he understands. the applicants are going to .file another application
and submit new proffers. The applicants noted they did not have a problem with
the possibility of conducting a joint public hearing with the Planning
Commission, should the Board desire. Following the Board's action tonight, the
applicants will file a new application and any revised proffers they wish to offer,
stated County Attorney Crook.
Branch Lawson noted technicalities were overlooked. on both the County's
.and the applicant's parts and the applicants will be filing a new application.
Mr. Hartley briefed the Board on materials prepared by staff in response
to the issues and concerns identified by the Board on June 1, 1998, as well as
responses to issues and concerns submitted by the applicant. Mr. Hartley noted
that arrangements to have Mr. Tischler present today were not successful due to
other commitments on his part.
Supervisor Bradshaw requested Mr. Hartley to convey all relevant
information to Tischler and Associates, schedule a meeting with Tischler and
advise of any relevant issues and anticipate the Board requesting justification of
the information presented by Mr. Lawson using the school figures.
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Supervisor Bradshaw noted nothing has been updated since 1944 on the.
issue of the different species of animals .documented to be in this area and
requested that the Environmental Planner be requested to walk the site .and
provide the Board with a report on whether or not there are environmental issues
remaining which need addressing.
E. Wayne Rountree, P.E., Director of Public Utilities, briefed the Board on
the various public utility aspects of the project.
Supervisor Bradshaw noted he would like a better understanding of what
Malcolm Pirnie meant regarding "brackish groundwater conditions to the east of
the proposed well locations, solidity may be expected to increase somewhat and
the amount of this increase can not be predicted with a CPM". Supervisor
Bradshaw noted water is a major issue and he wanted to look at what the impact
would be on future generations and how it will impact fi-ture development and
expansion in the County.
Mr. Rountree noted he would arrange for a representative to speak to the
Board on his concerns.
Regarding the school issue, County Attorney Crook noted the School
Board needstwenty-four (24) acres to be selected by the School Board and water
and sewer to the site. If there is going to be an option to accept cash for the
school rather than suitable property acceptable to the School Board, the cash
proffer should be at least $420,000 so the proffered amount of $225,000 is
inadequate for the purchase of the site and providing water. and sewer to the site.
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The School Board is asking that they have twenty-four (24) acres and that they
have an adequate amount of time to make the selection of land. Should they
choose not to accept the site or build a school, they are requesting that $420,000
be offered as a cash proffer in lieu of the school site. County Attorney Crook
noted he has written a letter communicating this to the developer.
Dr. Jane T. York, School Superintendent, noted there would be a negative
impact on the instructional program if the space and the funds are not available
on a per pupil basis to continue to provide the programs now being provided.
Dr. York stated as long as the Board funds the School Budget, the programs the
County needs will be .provided, however, if the Board is not able to fund the
Budget because of the tax base, it will have a negative impact in the form of
overcrowded classrooms and the necessity of mobile units. Dr. York stated the
County is required to maintain the pupil/teacher ratio that the County currently
has to continue to meet the County's accreditation and receive State funding.
Regarding Parks and Recreation, Supervisor Bradshaw requested that the
Director of Parks and Recreation be present at the Board's next work session to
address his concerns as noted in his two-page memorandum.
Supervisor Bradshaw requested that the Director of Economic
Development Director be present at the Board's next work session to address her
concerns relative to the Hampton Roads area and the Third Crossing of Hampton
Roads.
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At 7:40 p.m., Supervisor Spady moved for a five (5) minute recess. The
motion was adopted unanimously (5-0).
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The Board directed County staff to invite the .developers and Tischler and
Associates to discuss the unresolved issues relating to the fiscal impact study
with the Board at a work session on August 6, 1998 at 6:00 p.m.
Supervisor Bradshaw moved the Board direct County staff to advertise the
new Graymor rezoning application, if submitted in time, for a public hearing
before the Board on August 20, 1998. The motion was adopted as follows:
Claud, Cofer, Bradshaw, Bradby and ~Spady voting in favor of the motion; none
voting against.
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Chairman Claud called for New Business.
There was no new business offered for discussion by the Board.
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County Attorney Crook requested an executive session under Section 2.1-
344 A7 of the Freedom of Information Act concerning a legal matter requiring
advice of counsel.
Supervisor Bradshaw moved the Board enter executive session for the
reason stated. The motion was adopted unanimously (5-0).
Upon returning to open session, Supervisor Bradshaw moved the Board
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, 2.1-344.1A 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
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.
AYES: Claud, Cofer, Bradby, Bradshaw and Spady
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
Spady voting in favor of the motion; none voting against.
Supervisor Cofer moved the Board authorize County staff and the County
Attorney to negotiate with Donald H. Clark of Clark & Stant P.C. as the outside
attorney as recommended by the Attorney General. The .emotion was adopted as
follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the
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motion; none voting against.
Supervisor Spady moved the Board authorize County staff and the County
Attorney to negotiate with the second low- base bidder plus Alternate 2 for the
construction of the Carrollton Library due to a mistake in the bid of the low
bidder. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw
and Spady voting in favor of the motion; none voting against.
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At 8:55 p.m., Supervisor Cofer moved the Board adjourn. The motion was
adopted unanimously (5-0).
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Robert C. Claud, Sr., Chairman
W. Dou as askey, C
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