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06-17-1993 Regular Meeting-~oa~ 15 ~~~~356 .~ REGULAR MEETING OF •THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF JUNE IN 'THE YEAR NINETEEN HUNDRED NINETY THREE PRESENT; Steve W. Edwards, Chairman O. A. Spady, Vice Chairman Henry H. Bradby Joel C, Bradshaw, Jr. Malcolm T. Cofer Also Attending: H. Woodrow Crook, Jr,, County Attorney (Arrived at 6:42 p.m.) Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Edwards called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Bradby. // Chairman Edwards presented Grace Keen with a plaque honoring her as County Volunteer o€ the year. Chairman Edwards presented the following individuals with plaques honoring their five years of continuous service: James N, Berryman, W. Douglas. Casket', Ludford T. Creef, III, Lynn P. Harris and David J. Murphy. Chairman Edwards presented Anne C. Edwards with a plaque honoring her for fifteen years of continuous service. // Chairman Edwards called for Citizens Comments. Jirn Carruth, Virginia Education Association, appeared representing employees of .the Isle. of Wight. Public School Division to express their concern over salary increases that were not given to school employees in FY1993-94. Supervisor Bradshaw stated the Board of Supervisors fully funded the School Board's FY1993-94 budget request and it is the responsibility of the School Board to distribute these funds. Mr. Carruth stated the Schaol Board has been presented a statement; however, the funding for the school system comes from County government and his purpose this evening is to express to the Board that the School system employees are concerned .and wanted their concern expressed. to the Board. 1 1 1 1 80011 '~5 %~~r;r•,57 Roland Lewis, Transportation Safety Commission member, stated he understood there may be adelay in installing tie traffic light at the Carrollton Elementary School and requested the Resident Engineer of VDOT to address this matter under Transportation Matters. Mr. Lewis urged the County to encourage the continuation of, and improve the services of, the Pentran and TRT bus systems services in the County. ' // Chairman Edwards called for Transportation Matters. . MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated the tree limbs along River Run Trail are scheduled to be cut within the next two weeks and the grass around the road was recently mowed to address the site distance problem. Mr. Neblett stated the shoulders on .Old Carrsville Road will be graded and the ditches cleaned of debris within the next few weeks. Mr. Neblett stated regarding the ditch complaints on Old Suffolk Road, they will be cleaned as soon as the ditch cleaning machine, shared by Isle of Wight and Suffolk, is returned to the County. Mr. Neblett advised Supervisor Bradshaw that VDOT is . currently reviewing unpaved roads, particularly Route 696. Supervisor Bradshaw stated Routes 696, 648 and 614 were reviewed and Route 614 is being eliminated. Supervisor Bradshaw requested that Route 630 be added and requested a status report on Route 696. Mr. Neblett stated regarding the sharp curve on Ms. Rhodes property, VDOT has performed the preliminary survey work to allow a maximum 22 degree curve and while this is being staked out, VDOT has performed some work to determine how much VDOT will encroach on that field. Mr. Neblett stated VDOT will be ready shortly to advise Ms. Rhodes where the road will actually come across that corner. Supervisor Bradshaw requested that Route 630 be included in the Six- Year Plan and that the ditches be cleaned out on Route 641...Supervisor Bradshaw requested Mr. Neblett to elaborate on the bypass in Franklin. Mr. Neblett replied the public hearing on the new alignment would be held in the latter part of the Summer. Supervisor Bradshaw requested Mr. Neblett to contact Mr. Parker with Franklin Equipment Company to provide him with the specifics. Mr. Neblett stated regarding Route 681, VDOT has corresponded with several of the property owners and will again send out letters the first part of next week in hopes of obtaining the necessary signatures for the right of way. ' Mr. Neblett stated regarding Laurelwood Drive, VDOT has determined through research that the Davis heirs still own the right of way 2 so~~ ~.5 ~~~:~358 which will have to be dedicated to the County who. will guarantee VDOT a free and unrestricted right of way. Supervisor Spady moved the Board authorize VDOT to prepare the deed acquiring the necessary right of way on Laurelwood Drive. The motion was unanimously (5-0) adopted. Henry Bell stated the property owners on Route 681 met to discuss the necessary right of way and requested Mr. Neble#t to provide him with copies of the letters VDOT sends to the .property. owners as well as the phone numbers of these individuals. Mr. Neblett stated registered letters will be sent to the property owners, some of which live out of the country.. Mr. Neblett stated VDOT will continue to seek their cooperation. Mr. Neblett stated VDOT is currently working on Johnson Lane and Twin Hills Road, the latter of which is gravel and already in the .State system. To improve Johnson Lane it must be included in the Six-Year Plan, stated Mr. Neblett. Mr. Neblett stated regarding the speed limit signs in Central Hill, VDOT has installed additional reduced speed limit signs. Chairman Edwards requested VDOT to fix the embankment on Five Forks Road. Supervisor Spady requested the status of the County obtaining the ditch cleaning machine for use in the Carrollton area. Mr. Neblett stated he would check into the matter. Supervisor Spady requested VDOT to build the Jones Creek Bridge closer to the existing bridge and moved that the Board request VDOT give consideration to raising. the design height of the new bridge not to be prohibitive in cost, The motion was unanimously (5-Q) adopted. Chairman Edwards stated the Transportation Safety Commission met this past .Monday night concerning the stop light at Route 711 and asked Mr. Neblett to elaborate on the matter. Mr. Neblett stated he discussed the matter previously with Dr. Decker, Assistant Superintendent with the School Board in charge of Administration, who sent him a letter with projected traffic counts for school buses. Mr. Neblett further stated this information is currently being reviewed by the District Traffic Engineer. Mr. Neblett stated normally, the study would be performed once the school has been constructed and the new traffic pattern is established to determine whether the traffic signals will meet the criteria. considered with the traffic signal studies before placing a traffic signal; however, he would again speak with the Traffic Engineer and request him to review Dr. Decker's comments. 1 1I 3 1 f' Supervisor Spady stated at the last meeting, the Board. voted (4-1) to ask the Commissioner of VDOT to close Rou eble t ~o adgise the Boa d on process. Supervisor Spady requested Mr. N the status of their request. Mr. Neblett stated the School Board's general contractor has secured the services of another road building subcontractor who has agreed to build the road under traffic. Mr. Neblett stated it is his understanding the road construction is scheduled to begin next week under traffic and should be completed within the specified time to meet the completion of the general contractor's contract of September 1,1993. Supervisor Bradshaw stated the general contractor stated it would cost the County an additional $100,000 if the road was not closed and requested the County Attorney to elaborate on the matter. County Attorney Crook stated the construction manager was able to obtain another subcontractor who was willing to perform the road construction for the original price while the road was open and the School Board has substituted another subcontractor. County Administrator Standish stated included in the agenda. for the Board's information is a notice from Mr. Neblett regarding a temporary closure of Route 621. Roland Lewis requested Mr. Neblett to provide the Transportation Safety Commission with a letter on the status of the stop light at the Carrollton Elementary school.. lvlr. Lewis further requested VDOT to improve Campbells Chapel Road, add a shoulder on Reynolds Drive and repair Poor House Road. Mr. Neblett replied he would review the matter. // Chairman Edwards called for the Community Development report. 1 W. Douglas Casket', Assistant County AdministratorJCommunity Development, distributed a document containing the tentative allocation funds produced by the Commonwealth Transportation Board which represents projects identified in the Six-Year Improvement Program of the Commonwealth Transportation Board. Mr. Casket' stated the Six-Year Improvement Program identifies projects primarily in the interstate, primary and urban highway systems, as well as other special projects. Mr. Casket' stated the Board of Supervisors endorsed six projects for inclusion in the Six-Year Plan of which two are the construction of a parallel bridge span and approaches on the Route i7 crossing over Chuckatuck Creek and the Route 5$ Franklin bypass connector project. Four projects that are not noted in the Plan are 1) realignment and four laning of Route 258 between Route 10 and Route 460, 2) four laning of Route 10 Smithfield bypass, 3) construct right turn Iane on Route 258 at intersection with Route 10 bypass (to be funded separately under a special funding program) and, 4) 4 ' ~uoK 15 ~~r~360 conduction of a feasibility study of a grade separation crossing. at the Route 258 intersection with Route 460. Mr. Caskey stated Final allocations will be presented to localities after July 1, 1993. Mr. Caskey presented. the following application for the Board's consideration: The application of Robert L. Stephenson, owner, and Richard H. Collins, prospective owner, for a Conditional Use Permit to locate and occupy a mobile home for thirty-six (36) months while constructing a residence on approximately twenty-five (25) acres of land located on the west side of Trump Town Road (Route 651), between Courthouse Highway (Route 258) and Foursquare Road (Route 620) in Hardy Magisterial District. Upon there being no questions for the applicant, Supervisor Bradby moved the Board approve the. application. The motion was unanimously (5-0) adopted. Mr. Caskey stated the Federal government in 1991 enacted the Federal Intermodal Surface Transportation Efficiency Act commonly referred to as "ISTEA" which reflects a growing environmental awareness as it relates to transportation improvement projects. Qne component of this Act mandates that funds shall be directed towards specific types of transportation enhancement projects and activities which represent projects or improvements that would essentially increase the value of a transportation facility. Mr. Caskey stated these activities are funded under the Surface Transportation Program and each state is mandated to set aside 10% of STP monies for transportation enhancement activities. Mr. Caskey stated in the State of Virginia this equates to approximately $14 million dollars that is currently available among the localities for distribution. Under this program up to 80% of the transportation project can be financed under the funding program, but the remaining 20% must come from other public or private sources, either through a local match equalling 20% of the project cost, through possible contributions or donations of land or materials, or through some type of in-kind match. The deadline for submittal of funding for applications is August 1,1993 and the program requires any application that may be submitted by a local government receive endorsement by the governing body of the locality. Supervisor Cofer moved the Board. authorize the County Attorney to advertise a .public hearing for July 15, 1993 for purposes of considering projects and activities eligible. far funding under the Transportation Enhancement Program. The motion was unanimously (5-0) adopted. /! Chairman Edwards called for the County Attorney's report. County Attorney Crook stated he had nothing for the Board's consideration that is not included elsewhere in the agenda. 5 .•. Supervisor Cofer stated he would like to request an executive session concerning personnel matters later in the meeting. , Supervisor Bradshaw requested the status 'of the data processing contract between Isle of Wight and Southampton County. County Attorney Crook advised a meeting is set for July 1,1993 with the Southampton County Administrator and County Attorney to discuss the matter. Supervisor Bradshaw suggested no long-term contract be prepared with Southampton County as he believes the County should proceed with obtaining its own computer system. // Supervisor Cofer moved the Board deviate from the present point of the~agenda to hold the public hearings as they were advertised for 7:00 p.m. The motion was unanimously (5-0) adopted. Chairman Edwards called for a public hearing on the following: An Ordinance to Vacate Refuse Collection Site From Lot 19, Subdivision Plat of Mill Creek Farm, Dated March 2, 1985 and Recorded in the Clerk's Office .for the Circuit Court of Isle of Wight County, Virginia, on May 22, 1985. County Attorney Crook stated at one time the County's Subdivision Ordinance required a dedication of refuse collection sites for subdivisions. of twenty lots or more and this site was dedicated under that provision. Subsequently that provision was repealed and the property has never been used for a refuse collection site. The owner of the pr©perty has requested that the site in question be vacated so that it can be used along with the rest of the lot for residential uses in a subdivision. The Planning Commission has held a public hearing on this ordinance and recommends it to the Board for approval. Chairman Edwards called for persons to speak in favor of the ordinance. Alan Nogiec, resident of Windsor appearing on behalf of the lot owners, stated according to County records, the property identified as a refuse collection site has never been transferred to the County and is still a part of the English's property.. In addition, he did not believe that this site would be large enough to accommodate the new roll on/roll-off . containers, nor was it included in the County Administrator's recommendation of site locations. Chairman Edwards tailed for persons to speak in opposition to the ordinance. No one appeared. 6 ~. 15 ~~~~~fi2 eoe~ Chairman Edwards called for comments from the Board. Supervisor Cofer moved the Board approve .the following ordinance: AN ORDINANCE TO VACATE REFUSE COLLECTION SITE FROM LOT 19, SUBDIVISION PLAT OF MILL CREEK FARM DATED MAP.CH 27, 1985 AND RECORDED IN THE CLERK'S OFFICE FOR THE CIRCUIT COURT OF ISLE OF WIGHT COUNTY, VIRGII~TIA, ON MAY 22, 1985 WHEREAS, the subdivision plat entitled "SUBDIVISION OF MILL CREEK FARM, HARDY MAGISTERIAL DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA, MARCH 27, 1985, STEPHEN I. BOONE ASSOCIATES, LAND. SURVEYORS, PORTSMOUTH, VIRGINIA", was approved by the County of Isle of Wight on May 15,1985 and recorded in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia, on May 22, 1985; and, WHEREAS, at the time of the approval of said subdivision plat by the Board of Supervisors of isle of Wight County, Virginia, the Subdivision Ordinance of Isle of Wight County, Virginia, in Section 4-4-14 thereof, required all subdivisions of ten lots or more to provide sites to accommodate one refuse container per ?A lots in a location suitable for public access as selected by the Planning Commission and a refuse collection site was set aside or dedicated far a "REF C7SE COLLECTION Si1'E" pursuant to said Ordinance on Lot 19, fronting on State Route 638 of . said Subdivision; and, WHEREAS, the owners of Lot 19 of Mill Creek Farm have requested the Board of Supervisors to vacate from said Lot 19 the "REFUSE COLLECTION SITE" so that said land may be developed and used for residential purposes; and, V'JI-IEREAS, the requirement for. refuse site areas. to be set aside or dedicated in subdivisions of ten lots or more was repealed by the Board of Supervisors of Isle of Wight County on or about June 2, 1988; and, V!JHEREAS, the General Assembly of Virginia has authorized governing bodies of counties or municipalities to vacate a plat or part thereof by ordinance upon application of any interested person after giving notice as required by Section 15.1-431 of the Cade of Virginia; and, WHEREAS, the governing body has, pursuant to Sections 15.1-482 and 15.1-431 of the Code of Virginia, given notice- of a public hearing of said governing body for the adoption of an ordinance for the vacation of said portion of said plat and, after hearing from interested persons and the public in general, the Board. of Supervisors of Isle of Wight County is of the opinion that the language on said plat to be vacated serves no useful purpose and that tl°~e citizens of the County as well as the .subdivision in question would be better served by a vacation of said portion of said plat and removal of said restriction thereon. 1 1 7 BQ~K ~V.ii:::~'JVV 1 NOW, BE IT AND. IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the language "REFUSE COLLECTION SITE" on the subdivision plat of Mill Creek Farm as shown on Lot 19, dated March 27,1985 and recorded in the Clerk's Office aforesaid on May 22, 1985, in Plat Book 12 at page 100, be and the same is hereby vacated and removed from said plat and said area shall no longer be reserved for a refuse collection site under the Subdivision Ordinance of Isle of Wight County, Virginia, said Section 4414 thereof which required such dedication having been repealed by the Board of Supervisors on June Zy 1988 and no longer in effect. The motion was unanimously (5-0) adopted. L] 1 Chairman Edwards called for a public hearing on the following rezoning: Change in zoning classification for property owned by Transport South of Virginia, Inc.. from C-M-2, Conditional Industrial General to B-1, Business General, .Ob acre of land .located on the west side of Carrollton Boulevard (Route 17) between Kings Cove Way (Route 659) and Smith's Neck Road (Roue 669) in Newport Magisterial District. Mr. Caskey stated the Board originally approved a conditional rezoning of the subject property from B-1, General Business, to C-M-2, Conditional Industrial, on September 1, 1988 which provided for the location of an existing general advertising sign. The sign structure is four hundred thirty-two (432) square feet in size and was erected in 198b. Until recently, the sign has been used in compliance with the ~e dof this rezoning action as a general advertising sign and the purpo application is an action to rezone the property back to its original rezoning classification of B-1 Business based on the eurrent use of the sign .and the County staff's opinion that it is noteiBoard P In Februah tof 1993a it was rezoning application approved by th rY apparent that the sign was beginning to be used as a business rate sign for the adjoining commercial gasoline and retail operation which is an activity considered to be in violation of the conditional rezoning. The property owners for the sign located on .06 acre of land were notified in February that the use of the sign was contrary to the County's ordinance and regulations as it pertains to business signs. The Department of Community Development had previously approved a site plan for the adjoining retail gasoline operation and, as part of that site. plan approval, the sign package was approved. Mr. Caskey stated all of this information was presented to the Planning Commission which decided to initiate a rezoning application for consideration of this action. At the Planning Commission's May . meeting they voted (8-1) to recommend to the Board that the zoning application be denied and the property not be rezoned from Conditional M- 2 Conditional Manufacturing General to B-1 Business General. Chairman Edwards called for persons to speak in favor of the rezoning. 8 eoa~ 15 ~~~:364 William K. Barlow, attorney representing Southern Oil and Miller Oil companies, stated, the problem is .that these. companies are similar businesses that are being required to comply with sign requirements which enable them to place a sign of only 50 square feet in size whereas the sign being used by Transport South of Virginia, Inc. is approximately 400 square feet. Attorney Barlow stated this presents RaceTrac with an advantage and places Southern Oil and Miller Oil companies at a disadvantage to compete with other businesses. It is apparent from Mr. Caskey's presentation that Transport South of Virginia, Inc. disobeyed. the County in their attempt to prevent them from using this sign improperly and it would also set a bad precedent for the Board to deny this rezoning because it would encourage others to oppose the County. Attorney Barlow stated regarding the environmental and aesthetic issues, the site is very distracting and it appears to him that a sign is not necessary because the facility can be seen from a long distance away. Attorney Barlow stated his clients believe that in the interest of fair competition the rezoning should be granted. Chairman Edwards called for citizens to speak in opposition to the rezoning. Al Jones, attorney representing .RaceTrac Petroleum, Inc., stated he believes the Planning Commission, after evaluating all the issues involved, made the proper recommendation to the Board and, therefore, he requests the Board to act .upon their recommendation. Attorney Jones stated RaceTrac is an organization that has many installations similar to the facilities owned in Isle of Wight and the southeastern United States. RaceTrac has two facilities an the Peninsula and is planning to build one in Suffolk. The facility in Isle of Wight has been in existence since late December or early January of 1993. The property in question is not owned by RaceTrac, but rather by Transport South, Inc. which is a corporation that has similar stockholders. Transport South, Inc. owns .06 acres of Land, - approximately 2.5 feet by 100 feet on which there is a billboard located. Transport South, Inc. owns approximately two acres of land and both of these properties were acquired on the 16th day of September, 1991, and both were in the existing zone status they are in today. There has been some complaints about the fact why does RaceTrac have a service station there. The zoning that was in place for that service station was put in place he believes in 1982 and .the zoning was in place for the billboard in September of 1988 and Racetrac has attempted to comply, with the .County in every respect except where they believe the ordinance does not require what County staff is suggesting that it does require. If a court advises RaceTrac that the ordinance is being violated, Racetrac will honor this decision immediately and he would suggest, as was suggested. at the Planning Commission level, that this is the proper forum to evaluate what is the meaning of this ordinance that the County says prevents there from being unit price advertising. Attorney Jones stated he does not believe the I-Iighway Corridor Overlay District Ordinance controls this situation, which was passed by the Board in November of 1992, and he believes that this is anon-conforming use with respect to that. Attorney Jones stated .this land was available and could have been bought by any entity who had an interest in operating a business an Route 17 and Racetrac bought the land in September of 1991. RaceTrac and Transport South, Inc. saw the u 1. 9 so~K ~5 :~~:f`36 1 1 advantage of buying this property and bought it and in the Fall of 1992, Racetrac began to build its facility which serves 10,000 customers per week and serves .the less expensive gasoline of its competitors. Attorney Jones. stated this facility is kept clean and sells other items that are generally less expensive than their competitors. As RaceTrac was building the facility, they put up unit pricing signs on the billboard and the County suggested to them that they should stop. The County asked that they commit not to use that billboard for unit pricing and Racetrac stated they would not do. this and after correspondence the County proceeded to issue the C Racetrac of Occupancy with this issue still to be resolved. In February, began the unit pricing which has continued until today`s date. Attorney Jones stated Racetrac has complied with all the ordinances except for this issue which Racetrac believes is a very legitimate dispute and RaceTrac would be glad to present it to the appropriate person for evaluation. Attorney Jones stated RaceTrac has attempted to do at least what is required in the ordinance and in almost every area has done more than is required. Attorney Jones stated there have been some complaints on how RaceTrac could build on wetlands and that land was filled in years ago and the zoning in place years ago. RaceTrac has obtained every permit known to place the facility there and. they have been scrutinized very carefully and they come out shining in every respect. Attorney Jones stated Racetrac believes the Planning Commission rendered the decision they did which is to recommend to the Board to deny the downzoning because the Highway Corridor Overlay District does not apply because it was passed after the .billboard was in place and also because the entity is anon-conforming use with respect to the ordinance. Attorney Janes stated he has reviewed the ordinances and believes no ordinance prohibits the use of unit pricing on that billboard. There is a legitimate disagreement and RaceTrac asks that if the County believes that that should be presented to a court of competent jurisdiction, he can assure the Board that both parties will honor what the court says. The zoning in place is conditional zoning which allows f®r general advertising signs and general advertising as defined in the County's ordinance states "a sign that directs attention to a product, commodity, or service not necessarily available on the premises" and does say that it shall not put unit signing and does not restric# what can be placed on the billboard. This sign directs customers to a product and it tells you the price. Attorney Jones stated there is specific language in the Highway Corridor Overlay District that prohibits unit signage, but RaceTrac believes that that is not where this issue is ultimately going. He was reminded that just down the road one of the restaurants has a Happy Meal for $.99 and there is no proscription to prevent this type of advertisement. County Attorney Crookstated he had one question for Attorney Jones. Referring to the Highway Corridor Overlay District Ordinance, when this was adopted it took effect immediately from that point on which you said . was in November of 1992? 1 Attorney Jones ~ stated his records reveal that -that was when the Highway Corridor Overlay District Ordinance was passed. County Attorney Crook asked Attorney Jones if he previously stated 10 80QM 15 ~drr•,~6 the general advertisement of the billboard was not used for pricing until February of 1993? Attorney Jones stated as the project was being built, Racetrac used unit pricing in the Fall of 1992 and the County, through its staff, indicated they believed that was an improper use of the sign and at the request of the County that unit pricing was discontinued, in his estimation, in October of 1992. County Attorney Crook asked then it was not being used for pricing when the Highway Corridor Overlay District Ordinance was adopted? Attorney Jones stated as a result of the County's request. RaceTrac thought this was an improper request, but it was not in effect at the time of the passage of the Highway Corridor Overlay District Ordinance. Randy Stokes, McGuire, Woods, Battle & Booth, stated he represented Transport South of Virginia, Inc. who is the owner of the parcel of land in dispute today. Attorney Stokes stated Transport South, Inc. leases its property to Racetrac who has put up the unit pricing sign and the County alleges that this sign is in violation of the ordinance. As a result of the alleged violation of the ordinance, the County has sought to take the. unusual step of downzoning Transport South's property which is a sole purpose property. Its only reasonable use is for the operation of a sign and, if the property is downzoned, it will. have no further value and the County will be depriving Transport South, Inc. of the value that it has in its sign. The price of the property. was $50,000 which will be depriving Transport South, Inc. of a $50,000 investment. Attorney Stokes stated this is a pretty heavy handed move for an alleged violation of a statute that can be remedied if it is in fact a violation of a statute by bringing the matter to a court of competent jurisdiction and Transport South, Inc. believes that the proper method for resolving this dispute is far the County to bring Racetrac into court and have a court determine whether or not they are in violation. Attorney Stokes stated the County is seeking to perform a downzoning of property and in the State of Virginia the law on downzoning is disfavored and allowed only in very unusual circumstances, basically when there was fraud in the inducement of the downzoning or when circumstances have substantially changed and the .owner of the property has made no investment in reliance on the zoning. Attorney Stokes stated neither of these situations are present in this case. Attorney Stokes stated the property was purchased in reliance on this zoning, the sign was put up in reliance an this zoning and Transport South, Inc. has vested rights in this property. Our remedies, should the Board choose to take this action, would be to file an action in the Circuit Court and assert that the downzoning was improperly granted, If the Circuit Court does not overturn it, then their next remedy will be to bring an action for a taking of Transport South's property called an inverse condemnation case. Attorney Stokes stated the Constitution of the United States and Virginia does not .allow governing bodies to take people's properties or deprive them of the value of their property by a change in the law such as this. The County does, however, have two basic options: it can enforce the ordinance that it says Transport South, Inc. has violated or it can buy the property through an imminent 1 1 11 800N ~~ rpi:t•,~ ! domain action. Under the Highway Corridor Overlay District Ordinance, the State has set up a program that sets aside funds for purchasing signs that are along these corridor districts. The State recognizes that along. these districts there are numerous signs that are non-conforming uses and the County can apply for funds from that source to acquire the sign. Attorney Stokes requested that the Board not take this action which he considers to be highly improper and that the Board handle this in the proper way of bringing the alleged violator into court and having this court determine whether or not Racetrac is in violation 1 1 County Attorney Crook stated Attorney Stokes referred to several remedies that .the County has to enforce the ordinance. Mr. Crook asked Attorney Stokes if he understood conditional rezoning? Attorney Stokes stated he did understand conditional zoning. County Attorney Crook asked Attorney Stokes if he knew that this property is zoned conditional? Attorney Stokes replied that he knew the name on it is conditional zoning and he knows there were no conditions attached to the zoning based on the record of the zoning hearing. .County Attorney Crook stated the property is zoned conditionally for a general advertising sign and, under the Highway Corridor Overlay District Ordinance, this sign is now nonconforming, but it was not nonconforming in November of 1992 and only became nonconforming in February of 1993. Attorney Stokes stated he understood the facts to be that the offending sign was put up prior to the passage of the Highway Corridor Overlay District Ordinance and that the sign was up during the entirety on the date that the ordinance passed and there was, he understood, a tarp that was placed over it, but that sign was in place with the offending unit pricing on it. County Attorney Crook stated the Board of Supervisors can grant conditional zoning. They can also repeal that conditional zoning, can they not, asked County Attorney Crook? Attorney Stokes stated where there is a conditional zoning there are proffers or conditions attached to the zoning and if there is a violation of those conditions then the basis for the zoning is gone. .There are no conditions attached and this is not a conditional .zoning in the sense in which County Attorney Crook is referring, stated Attorney Stokes. County Attorney Crook stated "but you agree that the Board of Supervisors has the authority to repeal. a conditional zoning do they not?" Attorney Stokes stated not the conditional zoning being discussed tonight, he does not agree. 12 ~BUOK 1V rnf~'JVV County Attorney Crook stated this particular conditional zoning you. say "no", but I am asking about generally the power of the Board of Supervisors to grant conditional zoning and to .repeal that conditional rezoning. Attorney Stokes stated when County Attorney Crook says conditional zoning he will grant this, this is. called a conditional zoning, but I do not agree that there are conditions attached to this zoning. County Attorney Crook stated the Board of Supervisors in repealing conditional zoning would do so by returning it to the zoning district that it was in prior to the conditional zoning being granted, correct? Attorney Stokes stated if there are conditions attached, these conditions which are generally called proffers, are in writing and are. made a part of the zoning ordinance. County Attorney Crook stated this is not what he is asking Attorney Stokes. County Attorney Crook stated "I said the Board of Supervisors can grant conditional zoning and the Board of Supervisors can repeal that conditional zoning and in doing so they would return it to its original zoning or the zoning it was in prior to the conditional zoning being granted, is this not correct?" Attorney Stokes stated he would not dispute that the Board of Supervisors has the power to do that, but whether that power is properly taken, he does dispute. Attorney Stokes stated he does not believe that the factual conditions that would allow a downzoning in this situation are present. L. J. Ashby, owner of property behind. the Racetrac, expressed his concern that the lights on the sign are too bright and cause driving views to be altered and requested some type of shield be placed over the lights to .alleviate this concern. Ivlr. Ashby stated regarding traffic, there is too much congestion and not enough turn space for cars exiting and entering Kings Cave Way. Mr. Ashby stated a longer turn lane is needed because when more than one car is utilizing the cross aver, the last several cars are left out in the highway. R~Irr. Ashby stated Gaming out of Kings Cover Way there are tall weeds on the left hand side that should be cut to allow a clear view for cars on Highway 17. Mr. Ashby stated Kings Cove Way is experiencing more traffic and requested a sign be installed warning that children are plag~~ing in the area. Mr. Ashby requested the Sheriff's Department patrol Kings Cover Way because motorists are now parking on this road after leaving the Race'Y'rac. Richard Cassell, owner of property behind the RaceTrac, expressed his concern over the bright lights at the RaceTrac and the traffic problems which now exist. Supervisor Spady asked what .type of lights were on the sign previously. 13 1 T: eo~~ ~5 -~~t;x`369 Mr. Cassell replied the sign previously did not have lights. 1 Harry Cassell, adjoining property owner, expressed his concern with. the bright. lights and the congested traffic and suggested that a traffic light be installed. Chairman Edwards closed the public hearing and called for comments from the Board. Supervisor Spady stated he would like to request an executive session concerning questions he needed answered before he could vote on the matter. Chairman Edwards moved the Board table the matter until later in the meeting when they could obtain legal advice concerning litigation aspects in executive session. The motion was unanimously (5-0) adopted. Chairman Edwards called for a public hearing on the following: The application of Ronald J. Pierce for a change in zoning classification from R A, Rural Residential to C-RMH-A, Conditional Rural Mobile Horne District 2.0263 acres of land located on the north side of Kings Wells Lane which is off the west side of Old Stage Highway {Route 10) between Track Lane (Route 624) and Burwells Bay Road (Route 621) in Hardy Magisterial District. 1 Mr. Caskey noted that there d the fac P hatlthe to anon where the Planning Commission which discusse mobile home is proposed to be relocated permanently already contains an existing vacant mobile home which concerned the Commission. If the ..Board approves the application then one of the mobile :homes must be removed. Mr. Caskey stated the applicant, Mr. Pierce, has represented that the vacant mobile home now on the property will be relocated elsewhere and the newer mobile home will be relocated and permanently placed on the property . If approved, the mobile home will be considered permanent and will have to be placed on a permanent foundation. The Planning Commission voted unanimously to recommend approval of the application subject to the condition submitted by the applicant. Chairman Edwards noted the presence of the applicant in the audience and called for persons to speak in favor of -the application. No one appeared. 1 Chairman Edwards called for persons to speak in opposition to the application.. No one appeared. Chairman Edwards called for comments from the Board. 14 ,. , 80nK ~~ ~A&`37O Supervisor Bradby moved the Board concur with the Planning Commission`s recommendation. The motion was unanimously (5-0) adopted. Chairman Edwards called for a public hearing on the following: Nomination for appointment of School Board member for the Smithfield Election District to the School Board of Isle of Wight County, Virginia for the term of four years to begin July 1,1993, County. Attorney Crook stated as a result of the referendum the appointment of School Board members has been changed from the School Board Selection Commission to the Board of Supervisors. Mr. Crook stated the Board of Supervisors has to advertise for a public hearing which has been. accomplished and today the Board of Supervisors will hold the public hearing for nominations and take nominations. Mr. Crook stated the Board of Supervisors cannot act on this matter for at least another seven days and the Board will have a continued meeting on June 23, 1993 and again on June 30, 1993. Mr. Crook stated there is a statute that states only those nominations made in the .public meeting are to be considered and the nominee must reside in the Smithfield Election District. Dr. Al Rogers nominated James B. Brown, jr. for the seat which will be vacated by him (i.e., Mr. Brown) in the Smithfield Electoral District. Mr. Brown has been a dedicated and hardworking member of the County's School Board since 1972 and is a graduate of Howard University with a BA .degree in Civil Engineering. Mr. Brown has also attended the following universities for advanced education: University of Virginia, College of William. and Mary, old Dominion University and the University of Michigan. Mr. Brown is a supervisory general engineer in Norfolk and has received many awards for outstanding work on naval engineering projects. He has been a member of the School Board for over 20 years and has served as both Chair and Vice Chair. He was awarded a plaque and cited as outstanding School Board member in 1982-1983 by the Isle of Wight County Educational Association and was the Chairman of the P. D. Pruden Regional Vocational Education Technical Center for 1992-93 school year. He was a member of the WHRO educational television station and a member of the Joint Subcommittee for the Southeastern Cooperative Educational Program. Mr. Brown has served as a basketball coach for the Parks & Recreational Facilities Authority and as a founder of STOP, as well as an active member of the Main Street Baptist Church. Mr. Brown is married with two children and met this past Monday in Richmond to apply for a $10,000 grant to combat crime, drugs and violence in our area. Upon no further nominations, Chairman Edwards closed the public hearing. // Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was unanimously (5-0) adopted. 1 1 15 DOOK ~~ rt,:•.~~~ At 8:00 p.m., Supervisor Cofer moved the Board .take afive-minute recess. The motion was unanimously (5-0) adopted. At 8:05 p.m., Chairman Edwards called for County Administrator's report. 1 u Alan Monette, appearing on behalf of the Isle of Wight/Smithfield Chamber of Commerce, stated he has met with the telephone company and. received some preliminary proposals on the cost of extending the service in the County. Mr. Monette stated these proposals were excessive in cost and he has also had the opportunity of reviewing a prior cost estimate from the telephone company for the Smithfield area, and there is great deal of conflict between the two proposals. Mr. Monette stated the services of counsel has been enlisted which deals in regulatory affairs in Richmond and advised him in order to get a fair understanding the Chamber should hire an independent consultant to evaluate the costs. Mr. Monette requested the Board support the Chamber in their effort to hire a consultant for the study. Mr. Monette stated three consultants will be interviewed and the best one to perform the mission will be selected. Supervisor Cofer moved the Board authorize a contribution not to exceed $25,000 to the Isle of Wight/Smithfield Chamber of Commerce for the purpose of hiring a consultant. The motion was unanimously (5-0) adopted. County Administrator Standish noted there would be an action item included in the Board's July agenda package. Chairman Edwards thanked Mr. Monette for his time and effort towards this matter. County Administrator Standish stated the Hampton Roads Mayors and Chairs are attempting to put together a regional listing of legislative priorities and included in the Board's agenda is a list of those with potential regional impact that have not been acted upon in the General Assembly. Mr. Standish stated he would recommend the Board forward this listing to .the Hampton Roads Mayors and Chairs. Chairman Edwards stated at the most recent meeting of the Mayors/Chairs Association it was discussed and a consensus given that they wanted the region to adopt more specific items. The Chairman stated there are residential facilities for the mentally ill, as well as .facilities for mentally retarded citizens; however, if an individual is both mentally ill and mentally retarded, there are no facilities. Chairman Edwards stated this is an issue the State needs to look at funding because localities themselves will never be able to fund homes for individuals that are duly diagnosed. 1 Chairman Edwards moved the Board approve the following priorities: equalization of local tax powers distribution of lottery proceeds to localities local option sales tax 16 ~so~K 15 yQ~~372 toll-free telephone calling within communities and within regions support funding for residential facili#ies for citizens that are dually diagnosed with mental illness and mental retardation The motion was unanimously (5-0) adopted. County Administrator Standish stated he would recommend to the Board that as they grant funds to the five volunteer fire departments and two volunteer rescue squads that they begin to require standardized operating and financial reports, as well as annual audits. This information is currently maintained by these organizations, but a standardized report would provide a benefit to the Board as they rnnsider an annual budget. The State currently provides assistance and has a format for standardized operating reports, and financial reports are simply. a list of revenues and expenditures. An annual audit will, however, cost additional funds and the Board may wish to consider the fiscal impact on each of the organizations. Supervisor Bradshaw stated he thought the volunteer organizations were already providing this information to the County. Supervisor Bradshaw stated that although the organizations do need operating money throughout the year, he did not believe they should carry funds over each year. Supervisor Spady stated the County is now basically receiving what contributions are received and what expenditures these organizations have. Supervisor Cofer suggested the County Administrator speak with the County's auditing firm to determine the cost if the auditors performed an audit based on the financial reports and bring it back to the Board. Supervisor Spady stated he was reluctant to direct any of the volunteer organizations at this time to have an audit by a Certified Public Accounting firm although the Board does need to be aware of how the .organizations are spending their money. Supervisor Spady stated the Board could request the Budget ~ Finance Director and the County's auditor to prepare a list of items to be completed quarterly and report back to the Board. Supervisor Cofer moved the Board direct the County Administrator request each organization to develop standardized quarterly operating and financial reports. The motion was unanimously (5-0) adopted. Chairman Edwards requested that the Board members receive copies of the correspondence sent to the organizations. County Administrator Standish stated included in the agenda is a list of recommended change orders for the second floor renovation of the old Smithfield High School. The architect recommends the first change orders in the amount of $4,472 which are, in the architect's opinion, items that could not have been considered until renovation began. Nir. Standish stated 1 1 17 eo~K 15:~~~~73 the additional change orders in the amount of $8,825 are items that the community college has requested be put .back in, which were previously deleted to lower the cost, that will be paid by the community college. 1 Supervisor Cofer moved the Board approve the change orders in the amount of $4,472, and that the acoustical wall, venetian blinds and piping/traps for the laboratory be funded with State funds in the amount of $8,825. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Town of Windsor is receiving property they intend. to sell to generate funds to outfit the new Windsor library and are requesting the County's permission to place. a plaque in the library honoring the property donation of the Garland Baker family. Chairman Edwards moved the Board approve a plaque to be located within the new Windsor library facility acknowledging the property donation of the Baker family. The motion was unanimously (5-0) adopted. County Administrator Standish stated for the Board's consideration is an appropriations resolution to cover the cost of the Tischler & Associates agreement for work to be performed through June 30,1993 in the amount of $16,500. Supervisor Cofer moved the Board adopt the following resolution: 1 RESOLUTION TO APPROPRIATE SIXTEEN THOUSAND FIVE HUNDRED .DOLLARS FROM THE UNAPPROPRIATED. FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved .expenditures for the establishment of impact fees/proffers; and, WHEREAS, the funds in the amount of sixteen thousand five hundred dollars ($Ib,500) need to be appropriated from the unappropriated fund balance to the impact fees/proffer study line item in the 1992-93 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 sixteen thousand five hundred dollars ($16,500) from the unappropriated fund balance be appropriated to the impact fees/proffer study line item in the 1992-93 budget of the County of Isle of Wight. 1 BE TT 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 and to do all. the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. 18 ~BO~r ~~ j~Ar,~.J74 County Administrator Standish stated .included the agenda is a request to the Board #rom the Christian Outreach organization which is attempting to help, on an individual basis, low and moderate income residents with housing improvements. One item is Greenbriar Lane off of Battery Park .Road and they would like a contribution from the County to improve that road to make it passable in all weather conditions. Mr. Standish stated he normally would not recommend the Board expend local tax dollars on a private road or residence, but the County does have residual Federal dollars in the Community .Development Block Grant Program that was originally intended for such a use. Supervisor Spady stated Thomas Fenderson ~ currently working with the Christian Outreach Program and VDOT has previously attempted to improve the road without success. Supervisor Spady stated this community does not seem to qualify for grant funds to improve the .road which is very narrow and the Christian Outreach Program is attempting to repair some of the homes in this area with their own money and Mr. Fenderson is requesting the County to help with some of the funding. Supervisor Bradby stated Greenbriar Lane is in need of improvement and if the County does have any Federal dollars in escrow this money should be used to repair the road. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE THOUSAND FIVE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR CHRISTIAN OUTREACH HOUSING IMPROVEMENT EFFORTS WHEREAS, the. Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for the Christian Outreach Housing Improvement efforts; and, WHEREAS, the funds in the amount of one thousand five hundred dollars.. ($1,500) need to be appropriated frarn the unappropriated Community Development Block Grant fund balance to the Capital Projects line item in the 1'92-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED by the Board of Supervisars of the County of Isle of Wight, Virginia that one thousand five hundred dollars ($1,500} from the unappropriated Community Development Block Grant fund balance be appropriated to the Capital Projects line item in the 1992-93 budget of the County of Isle of Wight. BE IT FUR'T'HER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. 1 1 19 ,: BOOK ~S~~A•"•~+,7r) The motion was unanimously (5-0) adopted. Roland Lewis requested the Board also consider the road behind the Smithfield Downs golf course which is in need of repair. County Administrator Standish noted for the Board's information that $741,032 has been collected by the delinquent tax attorneys through the end of May at a cost to the County of $85,626, which represents 11.5% of the . amount collected. Mr. Standish stated as requested, included in the agenda is a breakdown of funds collected last fiscal year and through the month of May for the current fiscal year. County Administrator Standish presented the Board with a map of the County illustrating recommended County refuse collection sites. Mr. Standish stated all existing dumpster sites within proximity of these sites will be eliminated when new sites are developed. Mr. Standish stated regarding the demographics of the County, the circles on the map divide the County into four census tracks. Census track 2801 includes a population of 13,475 which equates to 161 persons per square mile; .census track 2802 includes a population of 3,381 which equates to 35 persons per square mile; census track 2803 includes a population of 4,480 which equates to 69 persons per square mile; and, census track 2804 includes a population j of 3,719 which equates to 52 person per square mile. Mr. Standish stated 'the information in front of the Board includes a listing. of eight items that describe the new roll on/roll-off refuse transfer stations which are slightly less than an acre in size with concrete pads for .the container and a fence and the graphics attached illustrate a typical design. Supervisor Bradshaw stated he did not. want the County to spend additional money for unnecessary concrete work if it can be done cheaper with light poles. County Administrator Standish stated three container sites are being proposed to the Board, but he would suggest the County begin. with two sites, one in Carrsville and another at Jones Creek, where the County owns both sites.. The Board should anticipate leasing or purchasing two or .three additional sites, one in the Hardy district to replace the dumpsters at the Hardy school which is a VDOT owned site, and the other at Route 258/10/32 or Route 711 to replace the one that is now located at the new Carrollton Elementary School. Mr. Standish stated there should be a third site in the Windsor area although the specific location has not yet been identified. Chairman Edwards suggested the site just outside of Windsor at the Highway Department's facility. County Administrator Standish stated the old "green boxes" required a smaller site, but the new roll on/roll off containers should be developed on nothing less than a Z00 x 200 site. County Administrator Standish stated he was also recommending the school sites be handled as part of this project and that compactor-type roll- 20 eo~K 15 ~~c{376 off containers be :purchased for each of the schools in the County for school use only. County Administrator Standish stated he would recommend the Board authorize construction bids for Carrsville and Jones .Creek and authorize the County Attorney to work with him to correspond with the VDOT Resident Engineer to obtain a lease for the Route 10 site and find a privately-owned site on Route 258/10/32 or Route 711, County Administrator Standish stated he would also recommend the County begin a search for aone-acre site in the vicinity of Windsor to be leased or purchased and.authorize the County Administrator to put both construction and hardware to include 40 cu yd containers for these sites and 30 cu yd compactor types for the school sites and further that the County put to bid with current refuse haulers for servicing these sites on a unit basis.. Mr. Standish stated there are no funds available at this time, but will be on July 1, 1993. County Attorney Crook asked how much the County would pay for construction at each site. County Administrator Standish stated he has received estimates from $35,000 to $70,000 although it would have to be put to bid to determine the actual cost. County Attorney Crook stated the County Administrator previously. recommended lease agreements from VDOT and for a private Route 258/10/32 site and questioned whether the County should lease land and put $35,000 improvements on it. Supervisor Bradshaw stated Southampton County has nice collection sites, but he did not want the County to spend that much money because it could be done cheaper with light poles and the money saved utilized for other purposes. Supervisor Spady stated he would be reluctant to spend the funds unless the site was owned by the County, however, this could be worked out when the County determines where the site is and who owns it. Supervisor Cofer stated as a public agency, something could probably be worked out with VDOT. Supervisor Spady moved the Board proceed with the County Administrators recommendations. The motion was unanimously (5-0) adopted. County Administrator Standish noted for the Board's information the monthly report from the Treasurer and the budget report for the month of May. // Chairman Edwards called for Old Business. 1 1 21 T'. e~~n~ 15::x.;.:377 There was no old business offered for discussion by the Board. // Chairman Edwards called for new business. 1 1 Supervisor Bradshaw suggested the Board direct County staff to contact Dr. York, School Superintendent, relative to roces sing the air conditioners from the schools during the construction p County Attorney Crook stated the School Board would salvage anything that can be utilized in the future. County Attorney Crook stated he has the contract with the low bidder. for the Johnson Circle improvements in the nd would like the Board~to Crook stated he has reviewed the rnntract a approve it. Supervisor Cofer moved the Board authorize the coount o $14 977.30. bidder for the Johnson Circle improvements in the am The motion passed (4-1) with all members voting in favor except Supervisor Spady who voted against the motion. Supervisor Bradby stated he was contacted by an elderly citizen who believed she was qualified to receive a tax exemption but was told she was not eligible by the Commissioner of the Revenue. Chairman Edwards stated Sore fullo discussythe matt rve the person meet with Gerald Gwaltney tom y // Chairman Edwards called for Appointments. Chairman Edwards moved the Board reappoint Mary Catherine Foster for afour-year term to the Youth Services Advisory Board. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board reappoint Della Stokes for a four-year term to the Youth Services Advisory Board. The motion was unanimously (5-0) adopted. Supervisor Spady moved the Board reappoint G. Martin. Wat ~ Bo f~dr an additional five-year term representing the Newport Dastrict on th of Zoning Appeals. The motion was unanimously (5-0) adopted. County Administrator Standish stated Tischler & Associates, the County's consultant, has submitted a recommendation to create and appoint a Private Sector Committee to receive information during the development of the impact fee/proffer study. Included in the agenda are his recommendations for representatives. 22 soe~ 15 ..~..~378 County Attorney Crook stated the County Administrator's recommendation included. Branch Lawson who is involved with Gatling Pointe South where the County is escrowing the impact fees or proffered impact fees awaiting the development of .this formula which will affect those impact fees. Mr. Crook stated this is a conflict of interest for Branch Lawson to serve on this Committee. Supervisor Spady moved .the Board appoint the .following to the Private Sector Committee: Peninsula Home Builders Association representative Robert Leber -Planning Commission representative Edna King -Planning Commission representative Durwood Scott -developer representative Doug Caskey -County staff Chris Ledford -County staff Chris Domack -Carrollton resident The motion was unanimously (5-0) adopted. // Chairman Edwards called for approval of the May Z0, 1993 regular meeting minutes and June 3, 1993 continued meeting minutes. Upon recommendation of County Attorney Crook, Supervisor Cofer moved the Board adopt the May 20,1993 regular. meeting minutes and the June 3,1993 continued meeting minutes. The motion was unanimously. (5- 0) adopted. /! County Attorney Crook stated. the Board requested an executive session pursuant to the Freedom of Information Act under Section 2.1-344 A? for advice of counsel concerning potential litigation and under Section 2.1-344 Al for personnel matters. At 9:00 p.m., Supervisor Spady moved the Board go into executive session for sthe reasons stated by the County Attorney. The motion was unanimously (5-0) adopted. Upon returning to open session at 9:25 p.m., 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, VVHE][~EAS, 2.1-344.1A of the Code of Virginia requires a certification 1 1 23 804K 15 +drr•~~~ 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 publicbusiness matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Boazd of Supervisors. V= AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was unanimously (5-0) adopted. Supervisor Cofer moved that the Board rezone the property owned by } Transport South, .Inc. from C-M-2, Conditional Industrial General to B-1 Business General. The motion was unanimously (5-0). County Attorney Crook explained to the citizens in the audience that the Board has rezoned this property from Conditional Industrial back to B-1 Business General which does not allow general advertising signs. At 9:40 p.m., Supervisor Cofer moved the Board go into executive session pursuant to the Freedom of Information Act under Section 2.1-344 Al to receive proposals for financial advisory services. The motion was unanimously (5-0) adopted. At 10:30 p.m., 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 in conformity with Virginia law; NOW, THEREFORE, BE TT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public ,BOON ~.5 rACf~~U business matters lawfully exempted from open meeting requirements by Virginia law were .discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business. matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VQTE: 0 ABSENT DURING MEETING: 0 The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board. authorize the County Administrator to negotiate with Municipal Advisors, Inc. The. motion was unanimously (5-0) adopted. ri f At 10:32 p.m., Supervisor Cofer moved the Board continue the meeting until June 23,1993 at 2:00 p.rn. The motion was unanimously (5-0) adopted. ~~~~ ~~~ ~_ Steve W. Edwards, Chairman Standish, Clerk ~, ,. 1 11 ~i