10-15-1998 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COt,JNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF OCTOBER 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 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.
The Pledge of Allegiance was delivered.
//
Chairman. Claud called for Special Presentations.
Billie Turner of the Franklin Junior Women's Club, addressed the Board.
requesting: monetary support for a fire safety trailer to be utilized by the City of
Franklin and the Counties of Isle of Wight and Southampton as a teaching aid for
children. Ms. Turner stated the deadline for pledges is December 31, 1998.
Chairman Claud noted for the record that the Carrsville Volunteer Fire
Department has submitted a letter to the County in support of this project.
Supervisor Bradshaw noted at the last regional committeemeeting with the
City of Franklin and Southampton County, the matter of the fire safety trailer was
discussed and the Committee will be making a recommendation regarding the
County's contribution amount for this project.
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Chairman Claud indicated the following Consent Agenda included Item 1,
A and B, and asked if there were any items for removal:
Delinquent Real Estate Tax Collection Monthly Report
Regular Meeting Minutes of Septemberl7, 1998
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Supervisor Cofer moved the Board adopt the Consent Agenda. The
.motion was adopted unanimously (5-0).
//
Chairman Claud called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, presented
correspondence from Cliff Molleen, Assistant Resident Engineer, VDOT,
concerning VDOT's acceptance of certain roads in the Edgewood Estates
Subdivision into the State system.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION
WHEREAS, the streets of Brookwood Circle, Edenwood Drive, Lakewood
Court and Greenwood Court, as shown on plats recorded in the Clerk's office
of the Circuit Court of Isle of Wight County; and,
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised the Board that the streets meet the requirements
established in accordance with secondary road policies and the Subdivision
Street Requirements of the Virginia Department of Transportation and the Isle
of Wight County Subdivision Ordinance relating to the acceptance of streets
into the State's Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets described to the
secondary system of s±ate highways, pursuant to Sec. 33.1-229, Code of
Virginia, and fhe Department's Subdivision Street Requirements; and,
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of--way, as described, and any necessary easements for cuts,
fills and drainage; and,
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BE IT FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Department of Transportation.
The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
Spady voting in favor of the motion (5-0); none voting against.
Mr. Hartley presented the Board with a request from the Pittman family to
have Todd Avenue changed from a passing to a no passing zone.
Supervisor Spady. requested the Director of Planning and Zoning to first
verify .with VDOT that it has received the .request and then advise that County
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staff is awaiting a response.
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Mr. Hartley distributed a letter from Alan Monette dated October 9, 1998
advising of adverse road conditions on Days Point Road
Supervisor Bradby instructed the Director of Planning and Zoning to
request that VDOT repatch the potholes until the resurfacing is accomplished by
VDOT in the Spring.
Chairman Claud requested the Director of Planning and Zoning to follow-
up with the Sheriff s Department on the matter of speeding vehicles along Oliver
Drive/Longview Drive.
Chairman Claud noted holes along the edge of Oliver Drive are still
present and .requested staff to request VDOT take action to resolve this condition.
Chairman Claud requested staff advise VDOT of the presence of glass
along Longview Drive from a recent traffic accident..
Supervisor Bradshaw requested the Director of Planning and Zoning
schedule a meeting with Mr. Molleen to address Ms. March's concerns along
Fire Tower Road.
//
Chairman Claud called for Citizens Comments.
Theodore Hardison addressed the Board on the proposed 500+ bed reform
school in the Zuni area. Mr. Hardison distributed to the Board a petition
containing the signatures of 560+ individuals who are opposed to the location of
a proposed reform school
Chairman Claud advised that an application has not been submitted at this
time and directed the Director of Planning and Zoning to notify persons
identified on a sign up sheet outside the Board Room upon any application being
filed..
Thomas Fenderson expressed legal concerns relative to the proposed Eagle
Harbor project citing that the 1.973 zoning was not legal as the final vote did not
state the name. of each member and record how he voted.; the property was not
zoned according to statute; and, the agreement of March 13, 1975 between
Tidewater Properties and the County was not valid as it contained two (2)
significant errors. Mr. Fenderson requested that the affected properties be
returned to their rural agricultural conservation zoning, formerly A-1.
Pat Clark addressed the Board concerning. errors found in the Tischler
financial report for the Eagle Harbor developmer-t.
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Tom Gaskell addressed the Board citing concerns with the effect on
existing wells the proposed Eagle Harbor development will have and the proffer
amounts.
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Chairman Claud called for the Community Development report.
Mr. Hartley presented the following request for the Board's consideration:
Request of Benns United Methodist Church, .Newport District,' 14571
Benns Church Boulevard for exceptions to the Highway Corridor Overlay
District Requirements, the Chesapeake Bay Preservation Ordinance, and
provisions of the zoning ordinance requiring curb and gutter and perimeter
landscaping of parking lots.
Supervisor Spady moved the Board approve the requested exceptions. The
motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady
voting in favor of the motion (5-0); none voting against..
Mr. Hartley presented the following request for the Board's consideration:
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The request of Isle of Wight County for an exception to the Highway
Corridor Overlay District to reduce. the minimum corner side yard setback
of thirty (~0) feet for the construction of the Windsor Convenience Center
,ocatcd at Stave ivlill Road and Windsor Boulevard.
Supervisor Bradshaw moved the Board approve the requested exception.
The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady
voting in favor of the motion (5-0); none voting against.
Mr. Hartley distributed to the Board FY1997/98 Annual Reports for the
Department of Planning and Zoning summarizing development activity which
has occurred during the last fiscal year and a list of the major development
projects in the County.
//
Chairman Claud called for the Economic Development report.
Lynn P. Hams, Director of Economic Development, requested the Board's
favorable consideration of a resolution for the bond issue for Louise Obici
Memorial Hospital.
Supervisor Cofer moved the Board adopt the following resolution:
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RESOLUTION OF THE 3OARD OF SUPERVISORS
OF THE
COUNTY OF ISLE OF WIGHT, VIRGINIA
WHEREAS, there has been described to the Industrial Development
Authority of the County of Isle of Wight, Virginia (the "Authority"), the plans of
Louise Obici Memorial Hospital (the "Hospital") whose principal place of business
is 1900 North Main Street, Suffolk, Virginia 23434 for the issuance of the
Authority's revenue bonds (the "Bonds") in an amount not to exceed $10,000,000 to
assist the Hospital in (a) undertaking the acquisition, construction and installation of
certain capital expenditures, including (i) the renovation of the Hospital's acute care
hospital facility located at 1900 North Main Street, .Suffolk, Virginia, or, in lieu
thereof, the construction of a new 240,000 square foot acute care hospital facility,
together with the purchase of an approximately- 64-acre parcel or parcels of land
therefore, to be located at 1800 Godwin Boulevard, Suffolk, Virginia, which is
across Godwin Boulevard from the YMCA, and (ii) the acquisition of diagnostic,
therapeutic, surgical and fitness equipment, medical office fiunishings and
equipment, healthcare business office furnishings and equipment, furnishings and
equipment for in-patient and out-patient procedures, treatments and consultations,
together with the installation thereof, and (b) to finance payment of certain costs of
issuing the Bonds; and
WHEREAS, The Authority has held a public hearing with respect to the
Bonds on October 7, 1998, and has adopted an inducement and approving
resolution with respect thereto; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"),
provides the highest elected governmental officials of the. governmental unit having
jurisdiction over the. issuer of private activity bonds shall approve the issuance of
such bonds; and
WHEREAS, the Authority issues its bonds on behalf of the County of Isle of
Wight, Virginia (the "County"), and the members of the Board of Supervisors of the
County of Isle of Wight {the "Board") constitute the highest elected governmental
officials of the County; and
WHEREAS, Section 15.2-4906 of the. Code of Virginia of 1950, as amended
(the "Virginia Code"), provides that the Board shall, within sixty~(60) calendar days
from the public. hearing with respect to industrial development revenue bonds, either
approve or disapprove the issuance of such bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of
the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the
comments expressed at the public hearing with respect to the Bonds and the
st:.itement in the form prescribed by Section 15.2-4907 of the Virginia Code have
been filed with the Board, together with the Authority's recommendation that the
Board approve the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ISLE OF WIGHT:
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1. The recitals made in the first preamble to this Resolution .are hereby adopted as
part of the Resolution.
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2. The Board of Supervisors of the County of Isle of Wight approves the issuance
of the Bonds by the Authority for the purposes stated herein, such
approval being given to the extent required by the Code and Section 15.2-4906 of
the .Virginia Code.
3. The approval of the Bonds, as required by the Code and Section.15.2-4906 of
the Virginia Code, does not constitute an endorsement to a prospective purchaser of
the Bonds of the creditworthiness. ofhe Hospital and, as required by Section l 5.2-
4909 of the Virginia Code, the Bonds shall provide Ghat neither the County of,Isle of
Wight nor the Authority shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except for the revenues and monies pledged therefore
and neither the faith or credit nor the taxing power of the Commonwealth of
Virginia, the County of Isle of Wight nor the Authority shall be pledged thereto.
4. This Resolution shall take effect immediately upon its adoption.
The motion was adopted as follows: Cofer, Bradby, Bradshaw and Spady
voting in favor of the motion (4-0); Claud abstaining; none voting against.
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Chairman Claud called for the County Administrator's report.
County Administrator Caskey presented the County's legislative proposals
for the 1999 session of the General Assembly for the Board's. consideration
which he recommends approval.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S
LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE
COUNTY'S DELEGATION TO THE 1999 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 has specific interest in matters
dealing generally with local governments, as well as .with matters directly
impacting the County of Isle of Wight; and,
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WHEREAS, such interest shauld be shared with. Isle of Wight County's
General Assembly Delegation so that it may know of the county's position.. on
these important. issues.
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NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED that. the
Board of Supervisors of the County of Isle of Wight endorses the attached
legislative proposals for the 1999 General Assembly Session and directs that both
this resolution and the legislative proposals be 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.
The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
Spady voting in favor of the motion (5-0); none voting against.
County Administrator Caskey reminded the Board. of its scheduled work
session .with the County's Legislators on November 5, .1998 at 5:00 p.m.,
following the Board's regular meeting.
Sheriff Phelps presented a request to the Board for grant funds for the
purchase of computers, a file server and associated software to be submitted to
the Virginia Department of Criminal Justice Services.
Supervisor Bradby moved the Board approve the grant and authorize the
expenditure of local matching funds from the Capital Budget contingency. The
motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady
voting in favor of the motion (5-0); none. voting against.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
FIFTEEN THOUSAND FIVE HUNDRED NINETY ONE DOLLARS
FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE
SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight
County, Virginia has approved the grant application for enhancement of the
criminal history records system through an Incident Based Reporting System;
and,
WHEREAS, funds in the amount of fifteen thousand five hundred ninety
one dollars ($15,591) or so much. as shall be received-from the Commonwealth
of Virginia Department of Criminal Justice Services need to be appropriated to
the appropriate line item in the 1998-99 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 fifteen
thousand five hundred ninety one dollars ($15,591) or so much as shall be
received from the Commonwealth of Virginia Department of Criminal Justice
Services need to be appropriated to the appropriate line item in the 1998-99
budget of the County of Isle of Wight.
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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 for this grant 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 (5-0); none voting against.
//
At 7:00 p.m., Supervisor Cofer moved the Board amend the regular order
of the agenda in order to conduct the public hearings. The motion was adopted
unanimously (5-0).
Chairman Claud called for a public hearing on the following:
Eco:~r-rnic IJevel~pment Open Submission Community Development
Block Grant (CDBG)
Lynn P. Harris, Director of Economic Development, noted this :public
hearing is being held to satisfy the requirements of the Community Development
Block Grant Program. The purpose of the grant is to assist in the provision of
sufficient water capacity and pressure to permit an existing industry to expand.
The total cost of the project is $1,346,000. The application for CDBG funding
is in the amount of $700,000. The County's financial commitment will be
$646,000, stated Ms. Harris.
Chairman Claud called for persons to speak in favor of or in opposition to
the Economic Development Open. Submission Community Development Block
Grant (CDBG).
Upon no one appearing, Chairman Claud closed the public hearing and
called for comments from the Board.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION
AUTHORIZING THE PREPARATION AND FILING OF AN
APPLICATION FOR COMMUNITY .IMPROVEMENT GRANT FUNDS
THROUGH THE SMALL CITIES VIRGINIA COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
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WHEREAS, Isle of Wight County is eligible for and wishes to submit a
1998 Economic Development application for $700,000 in CIG funds to assist in
implementing the Southern Isle of Wight Industrial Support Water Improvements
Project to DHCD for consideration during the -1998 Economic Development
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Open Submission funding round; and
WHEREAS, said project involves the provision of public water service by
the County to support Franklin Equipment Company, a major employer in the
County, in its plans to expand its existing manufacturing facilities, and create
new job opportunities; and
WHEREAS, the City of Franklin, which currently provides water service
to Franklin Equipment, is unable to provide additional. water to meet the needs
of the proposed expansion; and
WHEREAS, a Preliminary Engineering Report has been prepared,
including cost estimates for all needed off-site improvements including an
elevated water storage tank; and
WHEREAS, the County is not f nancially able to construct the needed
improvements without grant assistance; and
WHEREAS, the County wishes to apply for CIG funds to assist in
implementing the Industrial Support .Water Improvement Project, which will
benefit an estimated 70 persons, of which at least 51 % will be targeted for low-
and moderate-income (LMI) persons; and
WHEREAS, Franklin Equipment has committed to undertake $3,500,000
in expenditures for new building and equipment at the southern Isle of Wight
plant; and
WHEREAS, the County properly advertised and conducted public hearings
on September 3, 1998 and October 15, 1998, which addressed the CIG program
and the proposed CIG project application, thereby meeting citizen participation .
requirements;
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of .Supervisors hereby commits $646,000 for water infrastructure
improvements in the proposed project area provided the County receives the
Community Improvement Grant.
The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
Spady voting in favor of the motion (5-0); none voting against.
Chairman. Claud called for a public hearing on the following:
Six Year X1999-2005) Secondary Improvement Priority Plan for Isle of
Wight County
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, advised the Board that it could anticipate adding a project to the
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Plan next year.
County Administrator Caskey reminded the Board that it took action at its
last meeting to add Holly Point Way (Route 675) to the Candidate List which did
not appear to be listed.
.Supervisor Bradshaw requested staff to check the records to determine if
Colosse Road {Route 641) was added in the Six-Year Plan as he had previously..
requested.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed Plan.
?~orrnan Rollaway inquired as to the status of Pruden Road.
Supervisor Bradshaw advised that a redesign on the curve would be
required as when the engineer performed the original design work, it was done
on a 55 mph design scenario,- but it was agreed that the. speed limit. would be
reduced to 35 mph.
Chairman Claud closed the public hearing and moved the Board table the
matter until the Board's November 19, 1998 meeting and requested staff present
information with alternatives as to how the County can select projects in the
future. The Director of Planning and Zoning requested the
Camptown/Jamestown project also be added to the Plan. The motion was
adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor
of the motion (5-0); none voting against.
Supervisor Bradshaw moved the Board. request a summary statement from
the Resident Engineer listing the projects that will be worked on next year. The
motion was adopted as follows: Claud, Cofer, Bradby, .Bradshaw and Spady
voting in favor of the motion (5-0); none voting against.
Chairman Claud called for a public hearing on the following:
1999-2000. Secondary Construction Budget Priority Plan
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed Plan.
Upon no one appearing, Chairman Claud closed the public hearing and
called for comments from the Board.
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Supervisor Cofer moved the Board table consideration of the matter until
.the Board's November 19, 1998 meeting at such time as the Six-Year Plan is
acted upon. The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion (5-0); none voting against.
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Chairman Claud called for a public hearing on the following application.
The application of Union Camp Corporation for a Conditional Use Permit
to continue. the operation of an existing 6.3 acre borrow pit located off the
east side of Pope Swamp. Trail (Route .647) between. Fire Tower Road
(Route 644) and Tar Road (Route 645) in Hardy Magisterial District.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Jan L. Woltmann, Counsel for Union Camp Corporation, spoke on behalf
of the applicants. Mr. Woltman requested the Board approve the application for
a five-year period.
Chairman Claud closed the public hearing and moved the Board approve
the application of Union Camp Corporation for afive-(5) year period. The
motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor
of the motion (4-0); Bradshaw abstaining; none voting against.
Chairman Claud called for a public hearing on the following:
The application of Anderson Wrenn for a Conditional Use Permit to locate
a mobile home to be occupied by daughter, Rose Cutler and her immediate
family on 2.5 acres of land. The property is located at .12167 Wrenn Court,
in Hardy Magisterial District (Tax Parcel No. 20-1-19D).
Chairman Claud called for persons to speak in favor of or in opposition to
the application.
Anderson Wrenn requested the Board approve the application.
Chairman Claud closed the public hearing and called for comments from
the Board.
Supervisor Bradby moved the Board approve the application of Anderson
Wrenn. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw
and Spady voting in favor of the motion (5-0); none voting against.
Chairman Claud called for a public hearing on the following:
The application of Bailey Enterprises, Inc. for a change in zoning
classification from RAC, Rural Agricultural Conservation, to C-SR,
Conditional Suburban Residential, approximately 2.5 acres of land located
on the north side of Sugar Hill Road (Route 661) between Carrollton
Boulevard (Route 17) and Shade Tree Lane, in Newport Magisterial
District. The purpose of the application is for the creation of three (3)
single family. residential lots as conditioned.
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Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
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Bobby Jones, Attorney, representing Bailey Enterprises, noted the
applicant is proffering $2,000 per lot, if approved. The applicant is seeking to
convert the land into three (3) residential lots, stated Attorney Jones.
Chairman rlaud closed the public hearing and called for comments from
the Board.
Supervisor Spady moved the Board approve the application of Bailey
Enterprises, Inc. The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion (5-0); none voting against.
//
Supervisor Spady -moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
Chairman Claud called for the continuation of the County Administrator's
report.
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Donald T. Robertson, Assistant to the County AdministratorlDirector of
Human Resources, stated the Federal Emergency Management Agency (FEMA)
has implemented a program in an effort to encourage localities and communities
to develop public-private partnerships to create mitigation strategies. Mr.
Robertson noted this is not a grant program, but was developed to address
emergency disasters that might occur within localities. Mr. Robertson stated the
deadline for participation is October 18, 1998.
Supervisor Bradshaw moved the Board. direct the County Attorney to write
a letter to the organization noting the County's interest and requesting. additional
information as to the obligation and commitment of the County should it become
involved in the program. The motion was adopted as follows: Claud, Cofer,
Bradby, Bradshaw and Spady voting in favor of the motion (5-0); none voting
against.
County Administrator Casket' presented a resolution for consideration by
the Board declaring certain items surplus. Mr. Casket' noted staff had contacted
the School Superintendent to investigate the feasibility of conducting a joint
surplus property auction, however, the schools have decided to defer at this time.
Mr. Casket' stated staff is suggesting the Board consider soliciting interested
vendors through a sealed bid process.
Sueer,~sor Spady moved the Board table action on the Resolution to Deem
Certain Property and Vehicles as Surplus Equipment until the Board's November
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19, 1998 meeting. In the meantime, he will contact the Sheriff regarding his
Depa.-tment's surplus vehicles and the County Administrator can contact the
School Superintendent to find out when surplus equipment will be identified for
the schools, The motion was adopted as follows: Claud, Cofer, Bradby,
Bradshaw and Spady voting in favor of the motion (5-0); none voting against.
County Administrator Caskey addressed the Board regarding its previous
request to staff to survey other localities to determine what they may be doing
relative to the taxation of local mobile telecommunications service and the
amounts of revenues which may be generated. A survey conducted by the
Budget and Finance Department is included in the Board's agenda stated Mr.
Caskey.
Supervisor Spady requested that the matter of a survey on taxation on local
mobile telecommunications services be revisited at a later date noting he feels
citizens are being sufficiently taxed at this time.
County Administrator Caskey noted he had several matters for executive
session later in the meeting.
//
Chairman Claud called for Old Business.
- 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- l) and General Commercial (formerly B-1). 77.21 acres are
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 Newport Magisterial District.
The purpose of the application is for general- commercial development,
single family residential and multi-family residential development as
conditioned. {Tabled August 20,.1998 and September 17, 1998).
Mr. Hartley noted included in the Board's agenda is a summary of the
differences between the March fiscal impact analysis and the September impact
analysis. The changes included a reduction in units; increase in the square
footage of commercial development; proffered conditions were incorporated into
the September impact analysis; two (2) items in the General Fund were included
after the fiscal impact analysis was prepared by Tischler & Associates; changes
as a result of the exclusion of Town residents and employees in the Business
License Tax; changes in the contributions for Deputies from the State
Compensation Board; elimination of County staff in Planning and Zoning and
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Building Inspections which were originally included;. staff evaluated Graymor's
fair share of improvements was reduced; staff refined the utility numbers in terms
of basic improvements from $6.6 million to $2.1 million; there was no credit
given to the dE,veloper for itrterest which was accrued by the utility fund; and,
there was no credit given for oversizing of pipes that would be done pursuant to
County ordinance.
County Attorney Crook stated proffer #9 "the applicant proffers to
construct a water line to the. proposed County water facility as required by County
policy pertaining to offsite utilities" was deleted earlier and, at the County's
request, added back. Under proffer # 11, cash proffers will be paid at the time flf
the sale or conveyance of individual single family residential units, the. developer
has agreed this will be secured by the Deed of Trust on the property and the
County will release the Deed of Trust upon the payment.. County Attorney Crook
explained the County, in the past, has required the payment at the time of the sale
of the lot and this is saying at the time of sale of the residence. If the County is
secured by the Deed of Trust, the County will receive the money, stated County
Attorney Crook.
Chairman Claud .moved the Board enter into executive session under
:Section 2.1-344 A7 concerning a matter of potential litigation in reference to Mr.
Fenderson's issues regarding the earlier zonings of the property, including the
request that the County -return the property to agricultural zoning which will
require advice of counsel as to the feasibility and legality of doing that and the
certain probability of litigation. The motion was adopted unanimously:(5-0).
Upon returning to open session, Supervisor Cofer: 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 inconformity
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.
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voTE
AYES: (Cofer, Bradby, Claud, Bradshaw and Spady)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT:. 0
The motion was adopted as follows: Cofer, Claud, Bradby, Bradshaw and
Spady voting in favor of the motion (5-0); none voting against.
Chairman Claud stated the proposed development scenario is very
unrealistic and the way the residential development is proposed, i.e., 80% of total
development, or 1,208 units, can be built without any commercial development
being completed. concerns. him. The General Fund has a $5.5 million deficit in
twenty (20) years, excluding the Utility Fund and if the project is stopped for any
reason, i.e., economic, the conditions as stated would allow for 1,208. units built
and 132,000 square feet of commercial space, however, the County would have
a $600,000 annual deficit even with combining the General Fund and the Utility
Fund. Chairman Claud stated his concern is the risk to the taxpayers of this
County if the commercial development is not directly tied in with the residential
development. Chairman Claud stated he could not vote in favor of the
application because of the negative impact he believes it will have on the County.
Supervisor Spady noted his concern with the 80% on the commercial
development.. Supervisor Spady stated if the 80% figure was changed. he may
feel differently because he does believe this developer will be better than some
other developer coming into the County as the previous projects of this developer
have been first class projects.
Supervisor Cofer noted the adoption of the 1997 Zoning Ordinance gave
the developer the ability to build a certain amount of housing units without
coming back to the Board and without proffers.
Supervisor Bradby stated after reviewing the cost to provide fire protection,
rescue and other areas of needed services, in conjunction with the fact that he has
not had any citizens speak in favor of the project to him, he would have to vote
in opposition to the application.
Supervisor Bradshaw stated the School Board feels the amount of money
is woefully inadequate. Supervisor Bradshaw stated the Board's major emphasis
has to be on building schools and he is not sure how educational programs would
be impacted if the. County has an influx of so many students simultaneously.
Regarding the commercial issue, he does. not feel the 80% is adequate, feasible
or realistic. Supervisor Bradshaw stated he is further concerned about the build
,.
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out and no gua:anees of how quickly the project will be built.
Branch Lawson stated due to the nature of the issues brought up by the
Board this evening he would like an opportunity to address some of them
directly, perhaps during a recess.
County Attorney Crook advised the Board it could table the matter if it
wished to allow any negotiations on the proffers or the Board could proceed with.
acting on the application.
Supervisor Spady noted a recess would not be necessary as the Board could
continue with the order of the agenda and bring this issue up again later in the
.meeting.
Chairman Claud suggested the Board may wish to consider tabling the
matter to another meeting so that the Board would have the proffers to review
rather than considering them tonight.
Supervisor Bradshaw moved the Board table consideration of the
application until the Board's November 19, 1.998 meeting so that discussions can
ensue regarding the proffers. The motion was adopted as follows: Claud, Cofer,
Bradby, Bradshaw and Spady voting in favor of the motion (5-0); none voting
against.
//
Chairman Claud called for New Business.
There was no new business offered for discussion.
//
Chairman Claud called for Appointments.
There were no nominations far appointment.
//
Chairman Claud called for the County Attorney's. report.
---,
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County Attorney Croak notified the Board that the Economic Development
Committee met on October 8, 1998. A meeting will be scheduled in the near
future to .include the Director of Planning and Zoning and the Director of Public
Utilities, advised County Attorney Crook.
//
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County Administrator Caskey requested an executive session under Section
2.1-344 Al of the Freedom of Information Act concerning a personnel matter
and under Section 2.1-344 A? concerning. a contract matter for advice of counsel.
County Attorney Crook requested an executive session under Section 2..1-
344 AS of the Freedom of Information Act concerning advice of counsel and
staff concerning industrial siting for economic development and under Section
2.1-344 A3 concerning advice of counsel and staff concerning acquisition and/or
use of property for public purposes.
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, 2.1-344.1 A of the Code of Virginia requires a certification by
this Board of Supervisors that such executive meeting was conducted inconformity
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: (Cofer, Bradby, Claud, Bradshaw and Spady)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and
Spady voting in favor of the motion (5-0); none voting against.
Supervisor Cofer moved the Board deny the request of the employee for a
leave of absence and accept the employee's resignation effective October 30,
1998. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and
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Spady voting,in favor of the motion (5-0); none voting against.
//
Supervisor Spady moved the Board continue its meeting until October 27,
1998 at 8:00 a.m. for the purpose of conducting a Board Retreat at Paul D. Camp
Community College/Suffolk Campus. The motion was adopted unanimously (5- .
0).
__~~'
Robert C. Claud, Sr., Chairman
W. Doug key, Clerk