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11-19-1998 Regular Meeting~: co~M 18 ~~~~~?19 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF NOVEMBER 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. Supervisor Cofer delivered the invocation. // Chairman Claud called for Special Presentations. 1 .Grace Keen. thanked the Board for the cooperation this Board of Supervisors and its staff have given to the Isle of Wight Citizens Association. Mrs. Keen presented ,.Supervisor Bradby with a Certificate of Appreciation from the Isle of Wight Citizens Association for his support and. cooperation during the last twenty (20) .years and in working with the Association. 1/ ~I Chairman Claud indicated the following Consent Agenda included Items 1, A and B, and asked if there were any items for removal: Delinquent Real Estate Tax Collection Monthly Report Regular Meeting Minutes of October 15, 1998 Supervisor Cofer moved the Board adopt the Consent Agenda.. The motion was adopted unanimously (5-0). // Chairman Claud .called for Transportation Matters. Supervisor Cofer moved that Item "B" (Six Year (1999-2005) Secondary Improvement Priority Plan for Isle of Wight County (Tabled ~~ 1 eo~~ 18:~rf2~0 . October 15, 1998) and 1999-2000 Secondary Construction Budget Priority Plan (Tabled October. 15, 1998) under Old Business be heard under Transportation Matters. The motion was adopted unanimously (5-0). Jonathan W. Hartley, Director of Planning and Zoning, noted the Board received, under separate cover, a copy of the Six-Year Plan and the annual budget for the. next fiscal year. The Camptown/Jamestown road improvements have been added to the Six-Year Plan, Colosse Road has been ' added to the Paved Candidate List and Holly Point Way has been added to the Unpaved Candidate List, further noted Mr. Hartley. Supervisor Bradshaw moved the Board approve the Six Year (1999- 2005) Secondary Improvement Priority. Plan for Isle of Wight County. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Regarding the 1999-2000 Secondary Construction Budget Priority Plan, Chairman .Claud noted that the Blackwater Road project is approximately complete, but $471,000 has been allocated to this project in fiscal year 1999-2000. In this regard, Chairman Claud asked if these funds are available for another project. MacFarland Neblett, Resident Engineer,.noted he would like to look into the matter and report back to the Board at a later date. Supervisor Spady moved the Board table action on the 1999-2000 Secondary Construction Budget Priority Plan until the Board's December 3, 1.998 meeting. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Chairman Claud requested Mr. Hartley contact Mr. Diggs to arrange a meeting with the residents of Muddy Cross Road. // Chairman Claud called for Citizens Comments. Thomas Fenderson, a resident of Carrollton, distributed copies of a letter.dated November 16, 1998 from himselfnoting that a group of citizens believe that the Isle of Wight County Zoning Ordinance was not adopted according to statute and is unlawful, as only one public notice was given in The Smithfield Times for the Planning Commission. public hearing on the Isle of Wight County Zoning Ordinance, effective July 1, .1997.. Mr. Fenderson stated no subsequent public notices were given. and no subsequent Planning Commission hearing held to correct .the error. Mr. Fenderson requested the Board downzone the Eagle Harbor project. 1 1 2 aoo~ 18 r~c~221 1 Sandra Doggett Crocker, representing the Isle of Wight County Museum Foundation, requested the Board transfer $13,322.04 to the Foundation. Ms. Doggett explained under the former Isle of Wight County Public Recreation Facilities Authority, the Isle of Wight. County Museum had accumulated funds. as a result of membership. donations, memorial donations and other special designated donations. Earlier this year, the account was closed and the money transferred into a separate line item in the County budget. As a result, all .funds acquired by the Foundation will be used towards Museum projects such as the purchase of a new display case, publishing a new brochure to enhance publicity, and to obtain new. acquisitions in keeping with the Museum's mission. County Attorney Crook noted the Director of Budget and Finance will prepare an appropriate .resolution and he offered to assist her in the proper wording of the resolution. Harry Cassell spoke regarding a possible conflict of interest on the part of Supervisor Spady. Mr. Cassell noted he visited the Courthouse earlier this week with a request under the Freedom of Information Act to review Statements of Economic Interest -and he would request Supervisor Spady take into consideration his prior. involvement in Gatling Pointe South. Richard Macmanus,. resident of the Smithfield District, requested the Board deny the application of East West Partners, as it is currently .proposed, because the tins.-,cia1 risk to the County is too greatly shouldered by the citizens and n~~t ei:ougi~ by the developers. Mr. Macmanus encouraged the Board to continue negotiations .with East West Partners on developing a more equitable solution that minimizes the risk to the citizens. Mr. Macmanus offered the following three (3) suggestions during negotiations: I) the project could be scaled back to 300-450 homes; 2} East West Partners could increase the proffer amounts to ensure the citizens of the County will not be responsible for paying the way for the new neighbors that will join the community, and 3) East West Partners could join forces with a developer that has a proven tract record in commercial development. Patricia Pruitt, a resident of Carisbrooke, spoke in favor of the. Eagle Harbor development and urged the Board to approve the application as it will be a planned community that will build in an organized and attractive way. 1 Tom Gaskell, a resident of Zuni, stated the lack of information about commercial development has left him uneasy about the application. He suggested the Board separate the -cash proffers .from the commercial to residential development. Pat Clark spoke against the application noting his opposition to apartments being built on each side of Whippingham Parkway, as suggested in the original application. He stated the guidelines set forth in the 3 800K 18rG~f~4~ Comprehensive Plan state that the Plan is to ensure that development will proceed in an orderly and efficient manner and .will protect the citizens by requiring that future growth pay a fair share of the associated cost for public facilities and. services, in addition to protect and conserve the :fragile groundwater resources. in he County. He noted an important part of the growth management policy is missing in that future growth is expected to pay its fair share of associated cost for additional public facilities and services for which the new development generates. demand. He stated he is still waiting for the School Board to publicly discuss the impact of this development on the County's school system. He stated he would like to have input from the County's Director of Budget and Finance as to the value of the two (2) Tischler studies toward the total financial impact of the Eagle Harbor development. Mr. Clark stated he would like to see the developer expand its proffers significantly, build the residential units in a 50% to 50% ratio to the commercial development and extend the development .time beyond the ten (10) years proffered. Bill Reed, a resident ofthe County, spoke in favor of the project. He noted he chose this area to live because East West Partners has a product that can not be denied. Angela Summerland, a resident of Carisbrooke, spoke in favor of the project. S e noted that she realizes that this. property will be developed and she woul~ like to see homes developed verses apartments and condominiums. .Joe Ferguson, a resident of the County, requested the Board seek additional proffers from the developer before acting on the application. He requested .the Board require the developer to pay for the cost of this development. Kevin Duck, President, Carrsville Volunteer Fire Department, requested .the Board address radio communication concerns due to inferior transmission signals. Chairman Claud noted this matter would be further discussed. under the County Administrator's section of the agenda. Jean Helms, a resident of Carisbrooke, spoke in favor of the Eagle Harbor project. She noted the best way to manage growth is to afford an entity such as .East West Partners the opportunity of building awell- conceived master plan and high quality development. Branch Lawson clarified several misconceptions mentioned during the meeting. He mentioned that East West Partnership's strong background in commercial development is seen in the Brandermill and Riversbend communities. Additionally, East West Partnership is currently working with a major regional developer to develop the commercial property in Eagle. ,. 1 i 4 •. ~~nK .iV i'a(.r / ~3 1 Harbor. Mr. Lawson stated the new proffers, directly and significantly, do link residential to commercial development. He stated the proposal- before the Board is best for the County in many ways as compared to the existing zoning, 1) the size of the development has been reduced from a residential standpoint and doubled in size commercially, 2) the opportunity for awell- done community is much better .with the proposed plan as the real estate values will be greater with a better community and that the County will ultimately benefit from this, 3) with. the improved community design, there will be a much greater chance for attracting a better quality commercial development which. becomes a "win-win" situation for everyone involved, 4) the County's consultant. concluded that the County could benefit from Eagle Harbor in the amount of $21,000,000 over a twenty (20) year period and that the County could stand to lose up to $29,000,000 from the development of the land under the existing zoning scenario. He further noted that .Eagle Harbor is intended to be developed as a master plan community as the property, a; curre~itly zoned, lends itself to be developed in a strip fashion. The look of the County through its gateway will be much more attractive under the Eagle Harbor zoning as it will set the stage for quality development along Route 17, he added. The County will have much more control with the Eagle .Harbor development and under the old proposal,. the County has nothing to fall back on, concluded Mr. Lawson. // 1 Supervisor Cofer moved the Board amend the 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: The application of Frank Johnson, Jr. for a Conditional Use Permit to locate a mobile home to be occupied by daughter, Glenda Johnson, on two (2) acres of land located at 20699 Thomas Woods Trait, Zuni, in Hardy Magisterial District, Cari•sville Election District. Jonathan W. Hartley, Director of Planning and Zoning, noted the Planning Commission did recommend approval of the application with the condition that the mobile home would be removed when .the. parents. no longer live on the site. 1 Glenda Johnson requested the Board approve her application, which will allow her to place a trailer on her father's lot in order that she may care for her ailing parents. Upon no one appearing to speak in opposition, Chairman Claud closed the public hearing and called for comments from the Board s 5 BOOR 1S •A~'~(.~Y Supervisor Bradshaw moved the Board approve the application of Frank Johnson, Jr., as conditioned that it be for Miss Johnson's immediate family and would be removed once her parents no longer live on the site. The. motion was adopted. as follows:. Cofer, Bradby,-Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Chairman Claud called for a public hearing on the following: " Local Law Enforcement Block Grant (Resolution to Approve the Submittal. of a Grant Application. and to Accept and Appropriate Grant Funds From the U.S. Department of Justice, Bureau of Justice Assistance) Charles W. Phelps, Sheriff, Isle of Wight County, stated his staff is currently making application for this grant in the amount of $11,801.00 and he is requesting the Board adopt the resolution allowing his department to utilize the funds for .overtime expenditures to enhance .services to the. community. Upon no one appearing to speak in opposition, Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROVE THE SUBMITTAL OF A GRANT .APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submittal of an application for grant funds from the U. S. Department of Justice, Bureau of Justice Assistance Local Law Enforcement Block Grant Program; and, WHEREAS,. funds in the amount of eleven thousand eight hundred. one dollars ($11.,801) need to be appropriated to the appropriate line item for the Sheriffs Office in the 1998-99 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, Virginia that eleven thousand eight hundred .one dollars ($11,801), or as much as shall be received from the U. S. Department of Justice, Bureau of Justice Assistance Local .Law Enforcement Block Grant Program need to be appropriated to line items for the Sheriffs Office in the 1.998-99 budget of the County of Isle of Wight, Virginia. 1 6 BOOK • 10 ~A~'(~~5 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Il ~~ Supervisor Rradby moved to amend the order of the agenda in order to consider the Z"'homas L. Newton, Jr. and Thomas S. Word application listed under Old Business. The motion was. adopted unanimously (5-0). 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 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, September 17, 1998 and Octoberl5, 1998). County Administrator Caskey noted he had forwarded a letter the previous week to the Board from the Executive Director of .the Isle of Wight/Smithfield/Windsor Chamber of Commerce, Constance Rhodes, in support of the Eagle Harbor development. Mr. Caskey :also distributed a copy of a letter received this week from R. L. Stephenson Realty referencing support. for the Eagle Harbor development. Responding to Supervisor Bradshaw's request, County Attorney Crook addressed the issues raised earlier by Thomas Fenderson under Citizens Comments. County Attorney Crook stated the 1995 public hearing was relative to the Zoning Ordinance provisions, which were the regulations of the Zoning Ordinance. The Board adopted the Zoning Ordinance regulations as a result of public hearings in-1995 and 1996 and after that was adopted, there was a delayed effective date until July 1, 1997. The Board then adopted the zoning maps prior to July 1, 1997. There is no question about the zoning, but the questic,r- of the provisions of the Zoning Ordinance, the regulations. He will hwve to review this matter to determine if there is any defect in the 7 w O~QK 18rA;:'2 ~6' County's Zoning Ordinance regulations adoption. In simple, terms, the questions raised by Mr. Fenderson, as far as legality of past public hearings, has no impact on the application before the Board tonight, however, if what Mr. Fenderson says is true, the Board may have to go back and have .another public hearing process on the County's Zoning Ordinance .regulations adoption if public notice was not properly given of the public hearings. Mr. Hartley noted the Board received within the last twenty-four (24) hours by courier the current .proffers from the applicant and in front of the .Board tonight is a signed copy of those proffered conditions with one (1) minor revision relating to tracts 12 and 13 being combined into a single tract called 13. Mr. Hartley stated the proffers remain the same other than re- structuring the cash proffer that has been previously discussed at length. Mr. Hartley read the following proffers dated November 18, 1998, into the record at the suggestion of County Attorney Crook: 1. All references to the General Development Plan or to tracts refer to those tracts as designated on the Eagle Harbor General Development Plan prepared by Kimley-Horn and Associates, Inc. dated July, 1998. 2. Water quality impact assessments, as described in the Isle of Wight County Chesapeake Bay Preservation Area Ordinance, will be prepared for each major watershed area prior to the recording of any subdivision .plats or final approval of any site plans for parcels .being. developed within the respective watershed areas. 3. Developers will prepare and present to the County an access management. plan prior to the filing of the first. preliminary plat or site plan. This will address median break locations on Route 17, right-ins and right- outs on Route 17, access points to Smith Neck Road and internal connections between the various parcels. Q 4. The number of residential units to be built in the entire development shall not exceed 1,510 residential units. 5. The residential use of Tracts 1 & 2 on the General Development Plan shall be restricted to detached single-family residences. 6. Applicant will dedicate fifteen (15) feet of right-of--way on both sides of Smith Neck Road from Route 17 to Reynolds Road .upon recordation of the subdivision plats. 7. Applicant agrees to construct, at its expense, the road improvements indicated in the attached "Schedule of Phased Highway Road Improvements" at the time indicated under the caption "Triggered by". The. tracts referred to in that schedule shall not be occupied until such time as those road improvements are either sufficiently bonded or constructed in place in accordance with approved plans. This determination will be made 1 1 8 ,~ saox 18~~~2z? 1 by the Director of Planning in consultation with the Virginia Department of Transportation ("VDOT") and in accordance with controlling Statelaw. 8. Applicant proffers to construct the sewer line to connect to the existing force main in Route 17 at its intersection with Route 32, as required by County policy pertaining to extension of of~site utilities. 9. Applicaa~t prot~'ers to construct the water line to the proposed count; water facilit3= at .Bartlett as required by County policy pertaining to extension of off-site utilities. 10. The residential product to be built on Tracts 6 & 7 lying on either side of Whippingham Parkway will be developed as housing designed and marketed as "for sale" and not marketed and designed as rental apartments. 11. In order to off set the additional capital costs incurred by the County of Isle of Wight as the result of this development, applicant proffers cash .payments for single family and multi-family dwelling units in accordance with the following schedule: Until such time as 10% of the projected square footage (66,000 square feet) upon the acreage zoned as Conditional General Commercial ("the commercial square footage") has been developed - Single family - $2,000.00 per unit Multi-family - $2,000.00 per unit At such time as 10% of the commercial square footage has been developed and until such time as 30% of the commercial square footage (198,000 square feet) has been developed- Single family - $1,500.00 per unit Multi-family - $500.00 per unit At such time as 30% of the commercial square footage has been developed and until such time as 50% of the commercial square .footage (330,000 square-feet) has been developed - Single family - $1,000.00 per unit- Multi-family - $500.00 per unit At and from such time as of 50% of the commercial square footage (330,000 square feet) has been developed and until all residential development is completed - Single family - $500.00 per unit Multi-family • $500.00 per unit 9 i - Bo~K 18 ~At~228 The payment of these cash proffers shall be made to the County at the time of the sale and conveyance of the individual single family residential units and the "for sale" multi family units. The payment of cash proffers for apartments/units for rent shall be made prior to the time of issuance of any certificate of occupancy. For .the purposes of this proffer, development of the General Commercial property shall be defined as the commencement of vertical construction upon the. property. The percentages above shall apply to the total projected square footage of commercial development (660,000 square feet) and the maximum number of residential units .(1,5.10) as set forth in the final fiscal impact analysis by Tischler 8c Associates. Applicant agrees to secure the. payment of the cash, proffers here made by a note and deed of trust upon the tracts zoned for single. family and multi-family development, which deed of trust is to be subordinate to all acquisition. and. development loans. Mr. Hartley noted the total cash proffer,. which will be generated, will be $1,087,500 and, running these numbers on a delayed commercial scenario, the proposed cash proffer will generate $1,865,000. Responding to County Attorney Crook's request, Mr. Hartley explained that the $ l ,000,000 cash proffer will not pay for a new school, but the Tischler study, taking into account the water and sewer connection and use .fees and commercial development, all together, -does consider and include the necessary public facilities, including schools.. Based on the proposed development, assuming that the commercial development is .built out in the six (6) to eight (8) year range, the County will net. over $1.,000,000 per year for a twenty (20) year period. Mr. Hartley stated one of the reasons the Tischler study showed a loss in the first study and a net gain in the second study is due to the utilities being put together with the cash proffers in the second study. Mr. Hartley stated there .were. also. modifications made in the second study of revenues that were attributed to population and employment "in the towns, which. were not reflected in the earlier study because this information was not provided to the consultant to include in the study. Mr. Hartley stated the third area of significant change was that there were lengthy discussions .about the interest that would be accrued. in the utility fund over and above the debt load for utility improvements .and the decision was made to give the developer credit for that interest that would accnie in those funds. County Attorney Crook asked Ivlr. Hartley to explain how does the restructuring of the proffers .starting out at $2,000 per unit and then being reduced with commercial development 11e1p the County as opposed to what was originally offered of $1,000 and an additional $SOO later on. Mr. Hartley replied that if the commercial development does not occur... as proposed by the developer, it provides additional revenues to the County to compensate for apotential loss, particularly in he General Fund. ,. 1 1 10 Regarding a possible conflict of interest, Supervisor Spady noted for the record that he has been advised by legal counsel that he does not have a conflict of interest. Regarding an ethical conflict of interest, Supervisor Spady ass~±red the public that he could not be persuaded by anyone to vote for something if he thought it was wrong. Chairman Claud stated regarding. his expressed concern- for the project at the Board's last meeting concerning if the commercial development did not come along with the residential development as proposed, there have been numerous .discussions between staff and the developer and the developer has come back with a plan that has closely linked the commercial development to the residential development. The County is looking at the potential of an additional $800,000 that would come to the County. if the commercial development is not realized in these scenarios as proposed, stated Chairman Claud. Supervisor Cofer thanked the public for bringing. items to the Board's attention.- Supervisor Cofer pointed out that the new application is the better of the two (2) options and he is in favor of the application, as proposed, with the proffers of November 18, 1998. ~1 Supervisor Bradshaw stated he recently received information that relieved some of the concerns he had regarding commercial development. Regarding education, he is still waiting for the School Board to make a statement on the application as he was interested in hearing what the impact was going to be on that. Supervisor Bradshaw stated regarding. the proffers, at least the developer has taken a position to voluntarily profferto help offset the capital burden that will come with the additional residences. Supervisor Bradshaw stated East West developers would bring quality and would work with the County. Supervisor Bradby stated he has had numerous calls from residents of the Hardy District and it is his intention, as a representative from the Hardy District, to allow the citizens of that District to choose its. own destiny. Looking at the opposition and those in favor, the opposition outweighs those in favor. Supervisor Bradby noted there is no question in his mind that East West developers has a proven .tract record of building outstanding developments, but based upon the fact that he would be responsive to the citizens concerns in his District, he would have to vote against the appl~c~tion. Supervisor Cofer moved the Board approve the application of Thomas L. Newton, Jr. and Thomas S. Word, trustees, as proffered- by -letter dated November 18, 1998. The motion was adopted (4-1) as follows:.. Cofer, Claud, Bradshaw and Spady voting in favor of the. motion; Bradby voting against the motion. BOOK 18 rG~'23O // Supervisor Bradshaw moved the Board take a ten (10) minute recess. The motion was. adopted unanimously (5-0). Upon returning to open session, Supervisor Cofer moved the Board return to -the regular order- of the agenda. The motion was adopted unanimously (5-0). // Chairman Claud called for the Community Development report. Mr. Hartley. presented a change in the State code recently passed by the General Assembly, which allows for a partial tax exemption for erosion control improvements.. Mr. Hartley noted implementing this would require establishing a County program by way of adoption of a County ordinance. Mr. Hartley noted Stephen Jordan, a resident of Morgart's Beach,. recently expressed an interest in the program. Supervisor Spady moved the Board direct staff to contact the Commissioner of the Revenue and request a report on the potential economic impact, as well as his recommendation on the matter. The motion was adopted as follows:. Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Mr. Hartley presented a proposal to remove .the threatened Dismal Swamp Southeastern Shrew from the U.S. Fish and Wildlife Service's List of Endangered Species. Staff's recommendation is to send a letter from the Board supporting the removal of the species from the list, he stated. Supervisor Spady moved the Board direct staff to send a letter from the Board supporting the U.S. Fish and Wildlife Service's proposed rule to delist the Dismal Swamp Southeastern Shrew. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Mr. Hartley distributed an article for the Board's reference concerning Federal legislation af~'ecting local zoning authority with three (3) pieces of legislation that have been or will be coming up in the next year concerning the Property Rights Act, continued efforts on behalf of the communications industry to modify local zoning authority and the Religious Liberty Protection Act. // Chairman Claud called for the County .Administrator's report. 1 ~. 1 ,. 1 12 BOOK 10 ~AG'~,.r,~ County. Ad:~ir~istrator Caskey presented a resolution to Frank A. Spady, J:. in recognition of his years of service on the Board of Building Appeals for the Board's approval. I~ Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE FRANK A. SPADY, JR. WHEREAS, Frank A. Spady has served on the Isle of Wight County Board of Building Appeals since its inception; and, WHEREAS, after over two decades of dedicated service Mr. Spady has tendered his resignation from the Board of Building Appeals; and,. WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia appreciates the dedication of Frank A. Spady, Jr. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED that the. Board of Supervisors of the County of Isle of Wight, Virginia recognize and appreciate the dedicated service of Frank A. Spady, Jr. to the citizens of Isle of Wight County. 1 The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none. voting against. Chairman Claud asked the County Administrator to invite Mr. Spady to a day meeting for presentation by the Board. Chairman Claud moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ELEVEN THOUSAND SIX HUNDRED NINETY SIX DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR. THE TWO FOR LIFE PROGRAM WHER.A5, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funding from the Commonwealth. of Virginia for the Two for Life Program; and, 1 WHEREAS, funds in the amount of eleven thousand six hundred ninety six. dollars ($11,696) need to be appropriated to the Isle of Wight Volunteer Rescue Squad, Windsor Volunteer Rescue Squad and Carrollton Volunteer Fire Department line items in the 1998-99 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, Virginia that eleven l3 Boor 18 ~ac~?32 thousand six hundred ninety six dollars ($11,696) or as much. as shall be received from the Commonwealth of Virginia need to be appropriated to line items 11-3203-5605A, Isle of Wight Volunteer Rescue Squad ($5,848), l l- 3202-5605B, Windsor Volunteer Rescue Squad ($3509) and 11-3202- . 5604A, Carrollton Volunteer Fire Department ($2,339) line items in the 1998-99 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of .the County of Isle of Wight, Virginia is authorized. to make the appropriate adjustments in the .budget and to do all things necessary to give this resolution effect. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. The. Board further directed that a letter be forwarded to the Volunteer Fire and Rescue Association requesting they prepare guidelines and parameters for the future distribution of those funds. Regarding concerns expressed earlier in the meeting by Kevin Duck, President of the Carrsville Volunteer Fire Department, relative to emergency communications, Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, noted the .various fire and rescue units have been experiencing dead zones in primarily their hand-held units. Mr. Robertson stated staff has contacted the ,County's communications representatives on several occasions in the -past on how to resolve the problem. Given the technology available, the problem is quite expensive to fix, if it can be remedied at all. Supervisor Spady moved the Board direct staff to contact a communications professional and report back to the Board on the recommended solutions/costs in addressing the noted problems. The motion was adopted as follows:. Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. County Administrator Caskey stated in 1992 the Board adopted an approving resolution for the issuance of revenue refunding bonds in the amount of $64,360,000 by the Peninsula Ports Authority for the benefit of Riverside Health System for the finance of projects located in the Cities of Newport News and .Virginia Beach, and the Counties of Gloucester, Isle of Wight, Mathews and Chesterfield, and the .Towns of West Point and Smithfield. Declining interest rates provide. an opportunity for Riverside to refund a portion of the outstanding balance of these bonds and in order for this to proceed each of these jurisdictions must .again adopt the approving resolution, stated Mr. Caskey. Supervisor Cofer moved the Board adopt the following resolution: Approving Issuance of the 1 i l4 1 Peninsula Ports Authority of Virginia Health System Revenue Refunding Bonds .(Riverside Health System Project) Series 1998 RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, the Peninsula Ports Authority of Virginia, whose principal business address is 12350 Jefferson Avenue, Suite 230, Newport News, Virginia 23606 (the "Authority"}, has conducted a joint public hearing, after notice, on October 21, 1998, a date within sixty (60) days prior to the date of the adoption of this Resolution, on behalfof the Authority, Gloucester County, Mathews County, Isle of Wight County, the Town of Smithfield, Chesterfield County, the Town of West Point, the City of Virginia Beach and the City of Newport News, on the plan of financing of Riverside Healthcare Association, Inc. ("Riverside Healthcare"), whose principal business address is 606 Denbigh Boulevard, Suite 601, Newport News, Virginia 23602, Riverside Hospital, Inc. (the "Hospital"), whose principal business address is 500 J. Clyde Morris .Boulevard, Newport News, Virginia 23601 and certain of the affiliates. of Riverside Healthcare and ofthe Hospital, all of which are not-for-profit Virginia corporations which are described in Section 501©(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and exempt from tax under Section 501(a) of the Code (collectively, "Riverside") for the issuance of the Authority's Health System Revenue Refunding Bonds. in an amount not to exceed $62,000,000 (the "Bonds") to assist Riverside in {a) refunding all or a portion of the outstanding principal balance of the Authority's $64,370,000 Health System Revenue and Refunding Bonds (Riverside Health System Project},.Series 1992-A (the "1992 Bonds"), (b) funding a reserve fund- for the Bonds and (c) financing certain issuance costs incurred in connection with the. issuance of the Brands; and, WHEREAS, the proceeds of the 1992 Bonds assisted Riverside in (a) financing (1) the purchase of certain medical and other equipment supportive of or incidental to the health care .functions of the Hospital, including, without limitation, operating room, radiology, laboratory, .heart catheterization, computer and radiation therapy equipment, (2) improvements and renovations to the Hospital and (3) the construction of a three-story building to house a new energy plant and administrative offices, all to be located at or near the site of the Hospital; and (b) refinancing (1) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.): Series of 1985, issued by .the Authority in 1985 in the original aggregate principal amount of $20,000,000 (the "Series 1985 Bonds"), (2) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc,) issued. by the Industrial Development Authority of Gloucester County, Virginia (the "Gloucester Authority") in 1987 in the original aggregate principal amount of $12,250,000 (the "Series 1987 Bonds"), and (3) the Variable Rate.. 15 ®o~~ 18 ~~r~234 Demand Revenue Bonds (Virginia Beach Convalescent Center Project) Series 1990, issued by the City of Virginia Beach Development Authority in 1.990 in the original aggregate .principal amount of $2,700,000 (the "Series 1990 Bonds"); and, WHEREAS, the Series 1985 Bonds were issued to finance a portion of the cost of (a) the construction, equipping and furnishing of a medical laboratory on the :grounds of Patrick Henry Hospital, Inc., 1000 Old Denbigh Boulevard, Newport News, Virginia 23602, (b) the purchase and installation of afree-standing in-house computer system for use in the operation and management of the health care facilities owned and operated by Riverside located at the Hospital, (c) the acquisition, construction and equipping of a wellness and fitness center located at 11.621 Robious Road, Midlothian, Virginia 23113 and owned by Riverside Wellness and Fitness Centers, Inc., (d) the construction, equipping and furnishing at 866 Denbigh Boulevard, Newport News, Virginia 23602 of a 50-unit retirement living village owned. and operated by Riverside Retirement Services, Inc. and (e) the. acquisition, construction and equipping of a 60 bed nursing home at 2960 Chelsea Road, West Point, Virginia 23181 owned and operated by Patrick Henry Hospital, Inc.; and, WHEREAS, the Series 1987 .Bonds were issued to refund the outstanding principal balance of the Gloucester Authority's Medical Facilities Revenue Notes (Riverside Healthcare Projects) issued December 23, 1983, in the aggregate principal amount of $15,000,000 to finance and refinance a portion of the cost of acquisition, construction and/or equipping of certain medical facilities for Riverside, including (a) Walter Reed Memorial Hospital, a 71-bed acute care hospital owned and operated by Riverside Middle Peninsula Hospital, Inc., on Route 17 in Gloucester County, Virginia 23061, (b) the Mathews Convalescent Center, a 59-bed nursing home facility owned. and operated by Patrick Henry Hospital, Inc., on Route 14 in Mathews County, Virginia 23109, (c) the Smithfield Convalescent Center, a 95-bed nursing home facility owned and operated by Patrick Henry Hospital, Inc., at 200 Lumar Road in the Town of Smithfield, which is in Isle of Wight. Caunty, Virginia, and (d) (1) a 385-bed nursing home facility owned and operated by Patrick Henry Hospital, .Inc., at 1000 Old Denbigh Boulevard, (2) a 75-bed rehabilitation hospital operated by Rehabilitation Institute of Virginia, Inc., at 245 Chesapeake Avenue, and (3) the Hospital, each in the City of Newport News, Virginia;,and, WHEREAS, the Series of 1990 Bonds were issued to finance the acquisition, construction and equipping of a nursing home consisting of 60 beds located at 1604 Old Donation Parkway in the City of Virginia Beach, Virginia originally owned by Patrick Henry Hospital, Inc. and now owned by Long Term Care Associates, Inc.; and, WHEREAS, Section 147(f) of the Code provides that the. governmental unit having jurisdiction over the area in which any facility 1 16 1 financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and, WHEREAS, certain of the facilities being refinanced with the proceeds of the Bonds (the "Facilities") are located in Isle of Wight County, Virginia (the "County"), and the Board of Supervisors of the County. (the "Board") constitutes the highest elected governmental unit of the County; and, WHEREAS, the Authority has requested the Board to ratify the public hearing and approve the issuance of the Bonds and the plan of financing to comply with Section 147(fj of the Code and the Code of Virginia of 1950, as amended (the "Virginia Code"); and, WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed .upon, (the "Authority Resolution"), a record of the public hearing and a fiscal impact statement have been filed with the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA; 1 1. The recitals made in the "WHEREAS" clauses to this Resolution are hereby adopted as part of this Resolution. 2. The Board hereby ratifies the joint public hearing held on its behalf by the Authority on October 21, 1998, and the publication. of notice thereof: 3. The Board hereby concurs in the Authority Resolution adopted by the Authority on October 21, 1998, a copy of which is attached hereto. 4. The Board hereby approves the issuance of the Bonds by the Authority for the benefit of Riverside, to the extent required by Section 147(f) of the Code and by the Virginia Code. 5. Ratification of the .joint public hearing, concurrence in the Authority Resolution, and approval of the issuance of the Bonds and the plan. of financing do not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facilities or of Riverside, and, as required by Virginia law, neither the Commonwealth of Virginia nor any political subdivision thereof, including the County and the Authority, shall be obligated to .pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor by Riverside, and neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the. County and the Authority, shall be pledged thereto. 1? BUQK 18ra['2•~6 6. Pursuant to the limitations contained in TemRorary Income Tax Regulations Section Sf.103-2(fj(1), this Resolution shall remain in effect for a period of one year from the date of its adoption. 7. The County, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damage to Riverside, direct or consequential, resulting .from the Authority's failure to issue the Bonds for any reason. 8. This Resolution shall take effect immediately upon its adoption. CERTIFICATE OF RESOLtTTION 1. A meeting of the Board of Supervisors of Isle of Wight County, Virginia (the "Board"), was held on November 19, 1998, at which meeting the following duly elected members were present or absent: PRESENT: Robert C. Claud, Sr., .Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Henry H. Bradby Phillip A. Bradshaw ABSENT: None Such members constituted all of the members of the Board on the date of such meeting. 2. Attached hereto is a true and correct copy. of a Resolution duly adopted at such meeting by the following vote: AYES:. Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Henry H. Bradby Phillip A. Bradshaw NAYS: None 3. The Resolution referred to above has not been repealed, revoked, rescinded or amended but is in full force and effect on this date and constitutes the only Resolution adopted by the Board relating to the issuance by the Peninsula Ports Authority of Virginia, of its Health System Revenue Refunding Bonds (Riverside Health System Project), Series of 1998. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. 1 18 BOQK 10 ra~'~37 J County Administrator Caskey stated included in the agenda is an estimate from the Department of Public Works to perform renovations at the County's Courts Building as .requested by the Juvenile and Domestic Relations Court. Should the Board approve the noted renovations, funding is available in the 1998 Capital Budget contingency fund. Supervisor Spady -moved the Board approve the renovations at the Courts Building in the amount of $37,900 from the 1998-99 Capital Budget contingency fund. The motion was adopted as follows: Cofer, Bradby, Claud,. Bradshaw and Spady voting in favor of the motion (5-0); none voting against, County .Administrator Caskey stated the Board previously tabled consideration of the surplus resolution and requested staff to contact the School Board to determine when it may be in a position for their own surplus sale. The School Superintendent has determined the surplus sale to be in May and September of the following calendar year. In addition, the Department of Budget and Finance has received an additional. listing of equipment and the resolution has been amended to deem certain property and vehicles as surplus equipment. Supervisor Cofer moved the Board adopt the following resolution and that all such surplus properly and vehicles be sold at public auction: rl L RESOLUTION TO DEEM CERTAIN PROPERTY AND VEHICLES AS SURPLUS EQUIPMENT WHEREAS, the County of Isle of Wight has personal property. consisting of vehicles and equipment that are no longer serviceable or have been replaced by new equipment and which are no longer needed by the County of Isle of Wight; and, WHEREAS, the Board. of Supervisors of Isle of Wight County .deems the following equipment surplus and desires to dispose of same by method of sale most advantageous to the County; 7 Monitors 11 Keyboards Mouse Racal Unisys Modem IBM Word Processor Triumph Adler Copier Panasonic Printer IBM Printer Okidata Printer 2 -Tandy Printers 2 Unisys Printers-Style No. AP1329 UNISYS CPU Printer Stand Motorola Short Wave Radio 150 - 4 cu yd dumpsters 500 Gallon .Water Trailer (Military) 83 Mack Trash Truck 88 Mack Trash Truck 91 GMC Trash Truck (White) 79 Mack Trash Truck 3 - 92 Ford 4D SDN 89 Plymouth Van 88 Ford 4D SDN 93 Ford 4 Door SDN l9 eo4~ 18 y~r~?38 IM`TEX Hard Drive Tandy 1000 PC-EX IBM Hard Drive COMPUDYNE 486 Hard Drive Acer Hard Drive Tandy 1000 Hard Drive Norelco Dictaphone with Peddler DSM Royal Electric Typewriter IBM-Electric Typewriter Quill Surge Suppressor Mylar Machine 3 boxes - 3 % Macintosh Diskettes Flip-N-File Disk Storage Box 4 Epson MX/FX Ribbons 3 LASOR-06 Ribbon Cassettes 1 Radio Shack Answering Machine Cassette 4 rolls Magic Tape 810 S Epson LQ-800 Ribbons 12 Reliable Cartridge Ribbons (RC21 l26) Xerox 5R311 Black Developer Machine Xerox 6R257 Dry Ink Cartridge HP 92275A Printer Cartridge Epson Imaging Cartridge (Damaged) Canon NP-115 Toner 75 Ford School Bus 88 Dodge PU ` 89 Chev 4D SDN 91 Ford 4D SDN John Deere Crawler Loader 450C John Deere Backhoe 310A Golf Cart Metal File Basket Chair Data Switch Wards 8mm Camera Pitney Bowes Postage Scale 2 -Amplifiers Record Player 2 Large Speakers 6 Ft Table Cash Register Sampo Black/White TV Norge Washing Machine PayMaster Series X-550 -Check. Check Signing Machine BE IT FURTHER. RESOLVED by said Board of Supervisors that the County Administrator of Isle of Wight County, as the Central Purchasing Agent of said County, be and is hereby authorized to sell said surplus property after advertising the date, place and terms in a newspaper having general circulation in the County of Isle of Wight at least five days prior to said sale and the County Administrator shall report to the Board of Supervisors of the County of Isle of Wight as to the disposition of said prope~'• The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting. in favor of the motion (5-0); none voting against. Mr. Robertson presented a request to .approve a change order for the proposed Carrollton Public Library. County. Attorney Crook advised the Board should .not approve any change orders until William Greaves, the architect, has had the opportunity to review them and make a recommendation to the Board. r~ 1 1 20 rI B04K 18 r~~'~..I,J 1 L Supervisor Spady moved the Board direct staff to contact the. architect and request his explanation and recommendation concerning the change order (and future change orders). The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (S- 0); none voting against. County Administrator Casket' presented .the State. holiday schedule authorized by the Governor. for this upcoming .holiday season (Thanksgiving/Christmas/New Years). Supervisor Spady moved County staff follow the State holiday schedule authorized by the Governor for this- holiday season (Thanksgiving/Christmas/New Years). 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 notified the Board of a request from the Clerk of Court that the County establish a policy that it follow the Governor's holiday schedules in the future because he can not schedule Court until the Board sets the holiday schedule. The Board took no action on this request. County Administrator Casket' distributed a copy of the School Board's adopted legislative agenda received in his~office this week. County Administrator Casket' notified the Board that the School Superintendent advised him that the School Board has approved a joint work session with the Board of Supervisors on December 17, 1998 at 4:30 p.m. to discuss budgetary matters. // Chairman Claud called for New Business There was no new business offered for discussion. // Chairman Claud called for Appointments. 1 Supervisor Bradby moved the Board appoint Robert D. Harris, representing the Hardy District, on the Economic Development Committee for afour-year term, which will expire in November of 2002. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Malcolm T. Cofer for an .additional four-year term on the Southeastern Public Service Authority, which will expire in December of 2002.. The motion. was adopted. unanimously (5-0). 21 . , eo~K 18 Yac~24Q Supervisor Bradshaw moved the Board reappoint W. Douglas Caskey to the Southeastern Public Service Authority for an additional four-year term, which will expire in December of 2002. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Donald T. Robertson to the Western Tidewater Community Mental Health and Retardation Services Board (Chapter 10) for an additional three year term which will expire in December of 2001. The motion was adapted unanimously (5-0). // Chairman Claud called for the County Attorney's report. County .Attorney Crook notified .the Board that the Windsor sewer construction contract with Mid-Eastern Builders has been .signed and approved as to form. County Attorney Crook stated he was previously directed to prepare a lease for use of the old Windsor Elementary School .gym wing, which he has for the Board's approval tonight and for presentation to the School Board next week. Supervisor Bradshaw.moved the Board approve the lease as presented. The motion was adopted as follows: Cofer,. Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. // County Attorney Crook requested an executive session under Section 2.1-344 Al of the Freedom of Information Act for consultation with counsel concerning a personnel matter. County Administrator Caskey requested an executive session under Section 2.1-344 A 1 of the Freedom of Information Act concerning a personnel matter and under Section 2.1-344 A7 concerning two (2) matters involving potential litigation requiring advice of counsel. Supervisor Bradby moved the. Board enter executive. session for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Spady moved .the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING 1 1 22 ~i ao~~ ~s ~~-z~~ 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 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: (Claud, Cofer, Bradby, Bradshaw and Spady) NAYS: 0 ABSENT DURING VOTE: 0 i ABSENT DURING MEETING: 0 The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Bradby voting in favor of the motion (5-0); none voting against. Supervisor Cofer moved the Board approve the request of the Budget and Finance Director as related to the County employee's health insurance plan. The motion was adopted as follows: Cofer, .Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. // At 8:55 p.m., Supervisor Spady moved the Board adjourn. The motion was adopted unanimously (5-0). r ~ „~! Robert C. Claud, Sr., Chairman W. Doug s skey, Cle 23