08-20-1998 Regular Meetingeo~K 18:~A~~102
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD
OF SUPERVISORS HELD THE TWENIETH DAY OF AUGUST IN
THE YEAR NINETEEN HUNDRED NINETY EIGHT
PRESENT: Robert C. Claud, Sr., Chairman
.Malcolm T. Cofer
O. A. Spady
. Phillip A. Bradshaw
Henry H. Bradby
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
.County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Claud called the meeting to order at 6:00 p.m. and
delivered the invocation.
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Chairman Claud called for Special Presentations.
Gary Herrman was recognized by the Board for five (5) years of
continuous service in the employ of the County.
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Chairman Claud indicated the following Consent Agenda
included Items 2, A through. D, and asked if there were any items for
removal:
A. Subdivision Plat of Carrollton Meadows, Newport
Magisterial District
B. Delinquent Real Estate .Tax Collection Monthly Report
C. July 16, 1998 Regular Meeting Minutes
D. July 23, 1998 Continued Meeting Minutes
Supervisor Cofer moved the Board adopt the Consent Agenda.
The motion was adopted unanimously (5-0).
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Chairman Claud called for Transportation Matters.
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Jonathan W. Hartley, Director of Planning and Zoning,
presented a request from the Resident Engineer to set a work session
with the Board at its regular meeting on September. 3, 1998.
concerning revisions to the Six Year Secondary Road Plan.
The Board concurred with setting September 3, 1998 as a work
session with the Resident Engineer.
Chairman Claud requested- Mr. Hartley contact the appropriate
individual(s) to determine when the remaining rights-of--way .can be
resolved on Muddy Cross Road.
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Chairman Claud called for Citizens Comments.
There were no citizens comments offered.
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Chairman Claud called for the Community Development report.
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Mr. Hartley presented the following application for the Board's
consideration:
The application of the Isle of Wight County Industrial Park to
waive the paving requirement of the Highway Corridor Qverlay
District for Lots 1, 3, 4, 6 and 13 in Phase 1.
William Riddick, attorney, presented his client's request for a
waiver of the paving requirements on non-retail uses which would be
screened by enhanced landscaping. to be approved by the County's
Planning Department.
Supervisor Bradshaw moved the Board deny the application.
The motion was adopted as follows: Claud, Cofer, Bradby and
Bradshaw voting in favor of the motion; Spady voting against (4-1).
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Chairman Claud called for the County Administrator's report.
County Administrator Caskey provided the Board with an
updated list of priorities for the Board's consideration for its 1999
Legislative Package to be conveyed to the General Assembly
Delegation.
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Chairman Claud requested one (1) or two (2) specific
examples be placed under "Unfunded Mandates"
Chairman Claud requested "Distribution of Lottery Funds"
be removed.
Supervisor Spady requested Senate Bi11326 be moved to
Priority #2.
Chairman Claud requested additional information on
regional jail funding
County Administrator Caskey noted staff will make the
appropriate changes per the Board's direction for further consideration
by the Board at its September 3, 1998 meeting.
.Supervisor Spady moved the .Board adopt the following
resolution:
RESOLUTION TO ENDORSE PARTICIPATION
1N THE MONEY 2000 PROGRAM
WHEREAS, household debt, relative to after-tax income, is 50%
higher than 20 years ago and increased twice as fast as net worth
during the 1980's;
WHEREAS, between 1981 and 1990, the percentage of
America's disposable household income consumed by debt service
increased-from 14.5% to 18.5%; and,
WHEREAS, the U.S. individual saving rate fell from 6% to
4.5% of disposable income between 1980 and 1990, .and it is
estimated that 70% of Americans live "paycheck to .paycheck",
courting disaster if their income were suddenly reduced or stopped;
and,
WHEREAS, financial experts recommend that a family keep six
months of income saved in an emergency fund; and,
WHEREAS, reducing a family's debt load increases its financial
stability and increases the resources it .can obtain from disposable
income; and,
.WHEREAS, the Family and Consumer Sciences Specialty Agent
of Norfolk for Virginia Cooperative Extension in Isle of Wight County
is launching a program encouraging families to save or reduce debt by
$2,000 by the year 2000.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
that the Board of Supervisors of the County of Isle of Wight endorses
and encourages participation in the Money 2000 programming
available during the years 1998 to 2000.
The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion; none voting
against (5-0).
County Administrator Caskey presented. the extension to the
agreement with Senior Services of Southeastern Virginia. for FY1999
for the Board's consideration.
Supervisor Cofer moved the Board authorize execution of the
extension to the agreement with Senior Services of Southeastern
Virginia. The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion; none voting
against (5-0).
Donald T. Robertson, Assistant to the County
Administrator/Director of .Human Resources, presented the Western
Tidewater Community Services Board FY1999 Service Contract for
the Board's consideration.
Supervisor Bradshaw moved the Board approve the contract and
budget.. The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion; none voting
against (5-0).
County. Administrator Caskey presented a construction contract
for the Carrollton Public Library for the Board's consideration which
the County Attorney has approved as to form.
Supervisor Spady moved the Board approve the Carrollton
Public Library construction contract. The motion was adopted as
follows: Claud; Cofer, Bradby, Bradshaw and Spady voting in favor of
the motion;-none voting against. (5-0).
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County Administrator Caskey presented a contract for the Fire
and EMS Study :for the Board's consideration which the County
Attorney has approved as to form.
Supervisor Cofer moved the Board approve the Fire and EMS
Study. The motion was. adopted as follows: Claud, Cofer, Bradby,
Bradshaw and .Spady voting in favor of the motion; none voting
against (5-0).
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.Supervisor Bradby moved the Board adopt the following
resolution:
RESOLUTION TO SUBMIT THE APPLICATION FOR LITTER
PREVENTION AND RECYCLING GRANT PROGRAM FUNDS
AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM
FUNDS
FROM THE COMMONWEALTH OF VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has authorized the submittal of a grant application
requesting funds from the Commonwealth of Virginia, Department of
Environmental Quality; and,
WHEREAS, the funds in the amount of .five thousand nine
hundred seventy-two dollars ($5,972) from the Virginia bepartment of
Environmental Quality need to be accepted and appropriated to the
Litter Control and Recycling Program line item in the FY1998-99
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 that funds
in the amount of five thousand nine hundred seventy-two dollars
($5,972) or as much as shall be received from the Commonwealth of
Virginia Department of Environmental Quality be appropriated to the
Litter Control and Recycling Program line item in the 1998-99 budget
of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of
the County of Isle of Wight is authorized to make the appropriate
accounting adjustments and to do all things necessary to-give this
resolution effect.
The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion; none voting
against (5-0).
County Administrator Caskey presented information to the
Board regarding taxation of telecommunications .service for the
Board's consideration.
Chairman Claud requested that staff survey other localities to
determine what they are doing in this regard and what kind of
revenues can be generated for the Board's consideration at its
September 3, 1998 meeting.
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County Administrator Caskey requested the Board direct staff on
how it wishes to proceed in regards to its Board Retreat.
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The Board concurred with a one (1) day retreat to be held at the
Paul D. Camp Community College (Suffolk Campus) Conference
Room on Tuesday, October 27, 1998 from 8:30 a.m. until 5:00 p.m.
The moderator is to be an in-house individual. Supervisor. Bradshaw
noted he would provide Mr. Robertson with the name of the. individual
he wants to discuss economic issues. Supervisor Spady requested
staff also invite the appropriate individual to discuss shell buildings
for industrial development. Chairman Claud requested staff compile a
list of prioritized subjects to be discussed and provide agendas to the
Board in advance.
County Administrator Caskey noted the Deed for the unmanned
convenience center on Burdett Road had been signed by the Governor
and would be forthcoming for the Board's consideration.
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Chairman Claud called for Old Business.
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The application of Carlton A. Hibbard for a change in zoning
classification from. RAC to C-GC, Conditional General
Commercial for approximately 0.5 acres of land located on the
south side of Carrollton Boulevard (Route 17) in the Newport
Magisterial District, Tax Parcel No. 34B-1-10.
Mr. Hartley noted Mr. Hibbard was not present and requested
the matter be considered later in the meeting when a representative
would be present.
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Chairman Claud called for New Business.
Supervisor Bradshaw moved the Board direct staff to request
written quarterly reports from the CSA teams. The motion was
adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady
voting in favor of the motion; none voting against (S-0).
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Supervisor Bradshaw requested staff to investigate the House
Bill recently passed by the General Assembly concerning accounting
services throughout. the County.
County Administrator Caskey noted that today he requested staff
to do this.
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Chairman Claud called for Appointments.
Chairman Claud moved the Board appoint .James Reynolds to
the Economic .Development Committee. The motion was adopted
unanimously (5-0).
Supervisor Bradby moved the Board appoint Alan Monette to
the Economic Development Committee. The motion was adopted
unanimously (5-0).
Supervisor Bradshaw moved the Board reappoint Aaron
Thompson to the Youth Services Advisory Board as the "under 18"
representative. The motion was adopted unanimously (5-0).
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Chairman Claud called for the County Attorney's report.
County Attorney Crook reported that the Board approved the
Deed for the .Carrollton Library which has been signed by the School
Board and he has the Deed for the Board's approval tonight.
Supervisor Spady moved the Board accept the Deed and
authorize the Chairman to sign same on behalf of the Board. The
motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
Sp dy voting in favor of the motion; none voting against (5-0).
County Attorney Crook reported that he has the lease for the
property with Franklin E. Hall which is subleased by the County to the
Health Department which has been signed by Mr. Hall and he has this
for the Board's approval tonight.
Supervisor Spady moved the Board approve the lease and
authorize the Chairman to sign on behalf of the Board. The motion
was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady
voting in favor of the motion; none voting against (5-0).
County Attorney Crook reported that he has petitioned the Court
to have the previously .appointed person excused for the Newport
District and the appointment of Fred Austin, replacing this individual,
has been entered by the Court.
County Attorney Crook distributed to the Board a letter to the
State Corporation Commission for its review concerning the Burwell's
Bay issue.
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County Attorney Crook noted he .has several matters for
executive session later in the meeting involving a personnel matter,
two (2) actual litigation matters and a potential litigation matter.
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Supervisor Cofer moved the Board recess until 7:00 p.m. at
which time the Board will conduct its public .hearings. The motion
was adopted unanimously (5-0).
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Chairman Claud called for a public hearing on the following:
The. application of Hannah G. Holland for a change in zoning
classification from RAC, Rural Agricultural Conservation, to CLI,
Conditional Light Industrial, approximately two (2) acres of land
located on the north side of Walters Highway (Route 258) in Windsor
Magisterial District.. The purpose of the application is for motor
vehicle service as conditioned.
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Chairman Claud called for persons to speak in favor of or in
opposition to the application.
Wilson E. Holland, part-owner of the business under discussion,
spoke on behalf of the applicants stating he needed more space for his
motor vehicle service business.
Chairman .Claud. closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw moved the Board .approve the application
of Hannah G. Holland. The motion was .adopted as follows: Claud,
Cofer, Bradby, Bradshaw and Spady voting in favor of the motion;
none voting against (5-0).
Chairman Claud called for a public hearing on the following:
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The application of Sadler Brothers Oil Company, Inc. and Union
Camp Corporation for a change in zoning classification from
RAC, Rural Agricultural Conservation to C-GI, Conditional
General Industrial approximately thirty-seven (37) .acres of land
located on the north side of Great Mill Highway (Route 260)
adjoining the Suffolk City Limits in Windsor Magisterial
District. The purpose of the application is for a surge wood yard
in support of Union Camp's wood processing operations.
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Chairman Claud called for persons to speak in favor of or in
opposition to the application.
Supervisor Bradshaw- stated that based on his employment with
one of the applicants, Union Camp Corporation, he would excuse
himself from the consideration, ..discussion .and voting. on the
application.
Elliott Cobb, attorney representing the applicants, stated the
applicants are requesting approval of the application to allow Union
Camp to store wood for use at those times of the year when the
weather is unfavorable, primarily in the wintertime. The applicants
are planning to place earthen berms along certain areas in the .western
and southern side to help address noise and aesthetics concerns.
Operations will occur only during daylight hours. Route 260 is
already an extremely heavily traveled road and there should be no
more than 32, probably not more than 16, additional trucks utilizing
this road. The dust problem is addressed by paving the entrance road
utilized by the trucks and rocks will be placed on the storage area
where the logs will be stored. In addressing the pollution concern,
there will be no discharges, either water or air.
Chairman Claud closed the public hearing and called for
comments from the Board..
Supervisor Cofer moved the Board approve the application of
Sadler Brothers Oil Company, Inc. as proffered. The motion was
adopted as follows: Claud, Cofer, Bradby and Spady voting in favor
of the motion; none voting against (4-0); Bradshaw abstaining from
discussion and voting on the application.
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Supervisor Cofer moved the Board consider the Conditional Use
Permits, Section B on the agenda Table of Contents.
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Chairman Claud called for a public hearing on the following:
The application of Thomas L. Newton, Jr., Thomas S. Word, Jr.
and Sprint PCS .for a Conditional Use Permit to utilize an
existing Virginia Power transmission line tower for an antenna
array and to locate an equipment cabinet area at the base of the
tower. This property is located on the west side of Smith's Neck
Road (Route 669) in Newport Magisterial. District (at the
Virginia Department of Transportation parking lot).
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Chairman Claud called for persons to speak in favor of or in
opposition to the application.
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Glen Hampton, attorney with McQuire, Woods, Battle and
Booth, representing the applicant, distributed pictures of what the
proposed facility would look like. Attorney Hampton stated this is in
keeping with the policy instituted by the County's Planning
Commission.
Chairman Claud closed the public hearing and called for
comments from the Board.
Supervisor Spady moved the Board approve the application of
Thomas L. Newton, Jr., Thomas S. Word, Jr. and Sprint ~PCS. The
motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
Spady voting in favor of the application; none voting against (5-0).
Chairman Claud called for a public hearing on the following:
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The application of Mark L. Chandler for a Conditional Use
Permit to allow a mobile home to remain on his property for an
additional twelve (12) months. The property is located at 10086
Halltown Road, Smithfield, in Hardy Magisterial District.
Mr. Hartley noted the applicant was delayed and requested the
Board consider this matter at a later time in the meeting.
Supervisor Bradshaw moved the Chandler application be moved
to the last item under public hearings. The motion was adopted
unanimously (5-0).
Chairman Claud called for a public hearing on the following:
The application of the Charles B. Pittman, Estate for a
Conditional Use Permit to locate a mobile home to be occupied
by Evelyn Pittman and her immediate family.. The property is
located- at 18244 Sandy Ridge Drive, Windsor, in Newport
Magisterial District.
Chairman Claud called for persons to speak in favor of or in
opposition to the application.
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Shirley Williams requested the Board approve the Conditional
Use Permit to locate a mobile home on her property for her ill mother.
Chairman Claud closed the public hearing and moved the Board
approve the application of Charles B. Pittman with the added
condition that the mobile home will be removed when no longer used
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by the applicant or her immediate family.. The motion was adopted as
follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of
the motion; none voting against (5-0).
Chairman Claud called for a public hearing on the following:
The application of Isle of Wight County.Department of Parks &
Recreation to hold the "1998 Isle of Wight County Fair" on
Thursday, September 17, 1998 through Sunday, September 20,
1998 on 43.9 acres of land adjoining the Courthouse Complex
which is located on the west side of Courthouse Highway (Route
258) in Hardy Magisterial District.
Chairman Claud called for comments from persons in favor of or
in opposition to the application.
Alan S. Nogiec, Director of Parks and Recreation, spoke
representing the County.
Chairman Claud closed the public hearing and called for
comments from the Board.
Supervisor Bradby moved the Board approve the application of
the Isle of Wight County Department of Parks and Recreation. The
motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
Spady voting in favor of the motion; none voting against (5-0).
Supervisor Bradshaw moved the Board waive any associated
fees for the Fair permit. The motion was adopted as follows: Claud,.
Cofer, Bradby, Bradshaw and Spady. voting in favor of the motion;
none voting against (5-0).
Supervisor Cofer .moved the Board return to the regular order of
the public hearings. The motion was adopted unanimously (5-0).
Chairman Claud called for a public hearing on the following:
The- application of Thomas L. Newton, Jr. and Thomas S. Word,
trustees for a change in zoning classification of 445.95 acres of
land currently zoned Rural Agricultural Conservation (formerly
A-1), Neighborhood Conservation - Residential General
(formerly R-2), Limited Industrial (formerly M-1) and General
Commercial (formerly B-1). 77.21 acres is proposed to be
rezoned to Conditional General Commercial and 368.74 acres is
proposed to be rezoned to Conditional. Planned 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
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Newport Magisterial District. The purpose of the application is
for general commercial development, single family residential
and multi-family residential development as conditioned. ' . .
Chairman Claud. called for persons to speak in favor of or in
opposition to the application.
Branch Lawson, developer, reviewed the history of the
application for the Board's consideration. Mr. Lawson stated the
proffers have been improved as follows: per lot cash proffers are now
included; the number of residential dwetling units cap is now 1,510
verses 1,800 previously; offered a phasing plan of residential and
commercial as suggested by members of the Planning Commission;
proffer number 11, the issue of water, has been addressed in that the
plan now proposed is more .than $20,000,000 better for the County
than the existing zoning; regarding environmental issues, the County
should take comfort in the fact that various agencies must give
approvals before work can begin; and the master plan community will
have permanent BMPs (retention ponds) which will largely treat the
stormwater runoff and protect the waterways.
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Wes Ollings spoke in favor of the application stating there is not
a better qualified developer that is working to provide a quality
development that the County can be proud of. Mr. Ollings noted the
developer has reduced the total number of units to be constructed,
offered .cash proffers, and made efforts to work. with the County's
wishes. Mr. Ollings stated the invitation of additional business
services, some of which are only offered on the Peninsula, is
welcomed as he does not like to travel to find items or services not
offered presently in Smithfield.
Evelyn Chandler of Carisbrooke urged the Board to approve the
application as the northern end of the County is the designated area for
growth per the Comprehensive Plan. Ms. Chandler stated she prefers
a mixed use development and that commercial development is a plus.
having recently lost commercial areas to annexation. In .addition, she
feels it is better to have one proven developer, as seen in his past
work, who lives among the citizens in the County.
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Tom Gaskell spoke in opposition to the application stating the
modifications to the early proposal still leaves issues unresolved.
Tracts 6 and 7 are designated for sale; however, the person who buys
the tracts can make the tracts for rent. The developer's proffers of
$1,000,000 will not cover the cost of new schools, a fire station, police
and other services and the developer should pay the same proffers as
County residents. Mr. Gaskell stated the County. may increase its
demand on existing wells in the northern district costing the ax payers
between $4,000,000 and $11,000,000 and would require the pumping
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of an additional one (1) to one and one-half (1.5) million gallons per
day causing a drop of five (5) to eight (8) feet in the groundwater
level. Mr. Gaskell stated the developer could sink new wells in the
northern district at his cost which will cause the water level to drop
five (5) to eight (8) feet. Mr. Gaskell stated these situations may have
a serious effect on the drawing of salt water into the existing fresh
water supply causing the drinking water to no longer be suitable for
drinking. Finally, regarding the laying of the pipe line from the
Suffolk side of the Mills Godwin Bridge over Chuckatuck Creek to the
proposed Graymor development will cost the taxpayers over
$40,000,000 and there is no assurance from the ~ County that its taxes
will not increase. Mr. Gaskell stated a 50/50 ratio commercial to
residential would show the sincerity of the developers and that the
development of approximately .300 to 400 single family dwellings
would be a good start and allow time for the study of a development of
this size. Mr. Gaskell requested the Board hold an advisory
referendum on the spending of either the $7,000,000 or $40,000,000
to see how the citizens feel about the way their taxes will be spent for
this project.
Ashley Chadman and Audrey Moton, spokespersons for the Gate
Closers Five, reiterated their concern with overcrowding in the
schools, lack of recreation facilities, lack of funding for emergency
services and the saturation of the real estate market. Ms. Moton stated
she does not feel the County will be able to support the large quantity
of people :produced by the development. Ms. Moton noted a desire for
larger cash proffers for each of the single and multi-family homes, that
the $420,000 school proffer be reinstated, and that the surrounding
wetlands be protected.
Mary Barlow, teacher at Smithfield High School, expressed her
concern with sediment and chemical run-off into tidal marshes. Ms.
Barlow expressed a concern with chemical run-off from lawns and
their infiltration. into the water. supply. Ms. Barlow expressed concern
how well things are maintained by the individual homeowners as
people with the best intentions pollute and with this many residents on
such a pristine tract of land because of its close proximity to tidal
marshes which lead into the Chesapeake .Bay.. Ms. Barlow noted a
development of this size will force existing wildlife into neighboring
residential areas. Ms. Barlow asked whose responsibility will it be to
notify potential buyers about. the close proximity of the Goodwin
property which contains toxic waste. Ms. Barlow pointed out that the
present open space one encounters when leaving .the James River
Bridge will be more "Mercury Boulevard".
Delkie Marie Talton-Bailey spoke in opposition to the
application expressing concerns with the impact on the County's water
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quality and the condition of the Goodwin property which is an old
salvage yard nearby.
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Chairman Claud requested Mr. Hartley get with Ms. Talton-
Bailey regarding her concerns with the Goodwin junkyard.
Pat Clark noted there are still issues remaining before final
approval should be given to the developer. Mr. Clark requested the
residents of the County be provided a status. report on the water issues
from. the Director of Public Utilities so that the residents will have a
better understanding of the water situation. Mr. Clark stated he would
like to see the School Board's request for $425,000 for land, water and
sewage be restored, whether or not the development will require one
(1) or two (2) schools and any financial impact the development will
have on the- County. Mr. Clark asked what is the "fair share"
contribution the East West Partners should make. Regarding the
environmental impact, he would like to see a report on the total impact
to the environment caused by this development. Mr. Clark stated if it
is determined that the Graymor development does not have vested
.rights, the Board should look at the PDR request permitting the
developer, as compared to what it would be like, to build under the
NCR-2 zoning and-waive the advantages. Mr. Clark asked the Board
to readdress proffer #9, specifically, would it allow a buyer or realtor
to buy several units from the original seller for the purpose of renting
the unit(s). Mr. Clark asked the Board to readdress proffer # 12 which
offers the County little leverage for the County to use to require
residential development to be tied to commercial development. Mr.
Clark asked the .Board to address the statement "for the purposes of
this proffer, development of general commercial property shall be
defined as approval by the County of a final site plan". Lastly, does
the Norsworthy tract rezoned in 1974 also have vested rights, asked
Mr. Clark.
Joe Ferguson expressed a concern with commenting on the issue
of vested rights since this is the last public hearing. Mr. Ferguson
noted there is a high power electric line which runs the entire length of
the proposed development and he finds it hard to imagine what kind of
person would want to purchase a home in a proposed upscale
development and subject their families to the controversial risk of
living under an electro magnetic field. Mr. Ferguson stated .there are
still unresolved answers to questions.
Thomas Fenderson notified the Board that the land on which the
Springfield house. stood contains artifacts in the soil from the I800s.
Mr. Fenderson further notified the Board that the site also contains a
tombstone which will require removal Mr. Fenderson stated the
County is one of the most rapidly growing jurisdictions in Virginia
and the County is too small and anything the Board can do, please do.
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Chairman Claud closed the public hearing and stated the new
fiscal. impact study has not been .completed and the Board has not
heard from the outside Counsel on the issue of vested rights. As a
result, the Board is not in a position tonight to vote on the application,
stated Chairman Claud.
Supervisor Cofer requested Mr. Hartley prepare an outline of the
Royer utility study.
Supervisor Bradshaw requested further evaluation and
recommendation on the future environmental impact to the. County.
Supervisor Bradshaw requested the Sheriffs office be contacted
regarding his analysis on the impact of the project.
Supervisor Bradshaw requested the School. Board readdress the
proffered conditions and provide a recommendation to the Board.
Chairman Claud asked staff to investigate what resources or
market studies have been done regarding how this amount of
commercial property could be justified in this area.
Supervisor Cofer moved the Board table the application of
Thomas L. Newton, Jr. and Thomas S. Word until the Board's
September 17, -1998 meeting. The motion was adopted as follows:
Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the
motion; none voting against (5-0).
Chairman Claud called for a public hearing on the following:
The application of Mark L. Chandler for a Conditional Use
Permit to allow a mobile home to remain on his property for an
additional twelve (12) months. The property is located at 10086
Halltown Road, Smithfield, in Hardy Magisterial District.
Chairman Claud called for persons to speak in favor of or in
opposition to the application.
.Noting the absence of the applicant, County Attorney Crook
stated the Planning Commission, based on Mr. Chandler's
representation at its meeting, recommended the Conditional Use
Permit be for a period of six (6) months to allow Mr. Chandler to store
the mobile home until it can be sold.
Chairman Claud closed the public hearing and called for
comments from the Board.
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Supervisor Bradby moved the Board approve the application of
Mark L. Chandler for six (6) months, as recommended by the Planning
Commission. The .motion was adopted as follows: Claud, Cofer,
Bradby, Bradshaw and Spady voting in favor of the. motion; none
voting against (5-0).
//
Chairman Claud called Old Business.
Mr. Hartley presented the following for the Board's
consideration:
The application of Carlton A. Hibbard for a change in zoning
classification from RAC to C-GC, Conditional General
Commercial for approximately 0.5 acres of land located on the
south side of Carrollton Boulevard (Route 17) in the Newport
Magisterial District, Tax Parcel No. 34B-1-10.
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Supervisor Spady moved the Board approve the application of
Carlton A. Hibbard, as proffered.. The motion was adopted as follows:
Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the
motion; none voting against (5-0).
//
County Attorney Crook requested an executive session under
Section 2.1-344 A7 for advice of counsel involving litigation -and
under Section 2.1-344 Al concerning a personnel matter.
County Administrator Caskey requested an executive session
under Section 2.1-344 A3 regarding two (2) matters for advice of
counsel and staffconcerning the use of public property.
Supervisor Bradby moved the Board enter executive session
after a five (5) minute recess. The motion was adopted unanimously
(5-0).
Upon returning to open session, Supervisor Bradshaw moved the
Board adopt the following resolution:
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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,
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~U OL"P ~V ''a~~r~~~
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;
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 (Claud, Cofer, Bradby, Bradshaw and Spady)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion; none voting
against (5-0).
Supervisor Cofer moved that under Section 14-23 of the County
Code if sewer is determined to be available to the property that it is to
be connected if service can be provided without unreasonable cost and
that in the case of the Econo Lodge, the cost of a sewage pumping
station would not be an unreasonable cost and, .therefore, the sewer
connection is mandatory. The motion was adopted as follows: Claud,
Cofer, Bradby, Bradshaw and Spady voting in favor of the motion;
none voting against (5-0).
,Chairman Claud moved that the issue of when the sewer user
charges begin be that the sewer user charges shall begin at the time of
the inspection by the Building Department of the hook-up to the pubic
sewer. The sewer use or the. sewer service charge begins upon hook-
up of new construction to the public sewer and the Building
Department is to notify the Public Utilities Department in writing
when the inspection has been approved so that the Pubic Utilities
Department can implement that charge, which is a monthly charge.
The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw
and Spady voting in .favor of the motion; none voting against (5-0).
//
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8UL'H ~V ~i~tr.'~~~~
Chairman Claud requested Mr. Robertson investigate the cost of
expanding the Scope of Work. to include E-911 dispatching operations
as a possible Phase II Study.
Supervisor Bradshaw moved the Board direct staff to bring a
formal resolution for consideration by the Board inviting the officials
from England to the County some time in April of 1999. The motion
was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady
.voting in favor of the motion; none voting against.
N
At 10:00 p.m., Supervisor Spady moved the Board adjourn. The
motion was .adopted unanimously (5-0}.
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Robert C. Claud, Sr., Chairman
W. Doug s key, Cler
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