Loading...
10-15-1998 Regular Meeting eooR 18 ~~~=176 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. U 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 ~, ,. 1 1 1 f' 80Q1( ~O %~G~117 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, 1 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 2 ._... eaor staff is awaiting a response. 18 ~pM178 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. 3 1 1 ,~ aooK . 1S ~AGf179 Tom Gaskell addressed the Board citing concerns with the effect on existing wells the proposed Eagle Harbor development will have and the proffer amounts. // 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: i~ 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: 4 Boor 18 Pac~18O 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: 1 5 ao~~ ~ 18 fAC~1~31 1. The recitals made in the first preamble to this Resolution .are hereby adopted as part of the Resolution. 1 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. /d "1 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, 1 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. 6 auoN 18 racr182 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. 1 7 1001( 101'AGf~OJ 1 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 1 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 8 eooK 18 Pacr184 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 i 9 .: ~~ eooK~ 18 F~c~185 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. i J 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. 10 soon 18 rac~186 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. 1 1 1 11 eooK 18 racr1~37 Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. 1 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. 1 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 12 eou~c 18 rac~188 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 1 13 80QK 18 rACE.1,~J, 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; i 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. 14 eooM 18 rAGf1%9~ 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 ,. 1 15 . ~. ~1 i~ II eaoK ~18 ~AC~1~1 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. ---, -~ 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. // 16 eooN 18 rac~192 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 1 17 I sa~~ 18rpc~1'.~3 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