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10-19-1995 Regular Meeting. ao~oK 16 -;.:-460 REGULAR MEETING Oh THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF OCTOBER IN THB YEAR NINETEEN HUNDRED NINETY FIVE PRESENT:. Malcolm T. Cofer, Chairman Phillip A. Bradshaw, Vice Chairman O. A. Spady Henry H. Bradby Lud Lorenzo Spivey Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk. Chairman Cofer called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Spivey. // ~, Chairman Cofer rerngnized John, Anne and Sarah Edwards of Thg ~g~ for spedal recognition of The Times. Supenrlsoc Spady moved the Board adopt the following resolutlon: RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS AND ACCOMPLISHMENTS OF THE TIMES PUBLISHING COMPANY WHEREAS, the print media provides an important public servlae by reporting the polides and activities of local government to its constituents; and, WHEREAS, the Times Publishing Company has provided print information to the citizens of Isle of Wight County for 75 years; and, WHEREAS, the Times Publishing Company continues to publish ~jg Tjp~gg, one of the few remaining independent, privately owned weekly newspapers In the United States; and, WHEREAS, the Times Publishing Company continues to be an important and active corporate dtizen of the County. - NOW, THEREFORE, BE Tf AND TT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the Times Publishing Company be recognized and congratulated for 75 .years of continuous public service to the citizens of Isle of Wight County. The motion was adopted unanimously (5-0). fl ~~ 1 1 1 1 ,•. aoAh 16 .~:.~461 1 Chairman Cofer indicated the following Consent Agenda included Items 1, A and B, and asked if there were any items for removal: A. .Subdivision Plat Showing Shady Grove Estates, l4 Lots, Located in Newport Magisterial District, Newport Election District There being no items requested by the Board members for removal, • Supervisor Spivey moved the Board approve the Consent Agenda. The motion was adopted unanimously (5-0). // // Supervisor Bradby noted the necessary rights-of-way for South Shore Drive have been acquired and are ready for acceptance into the State's system. // Chairman Cofer called for Citizens Comments. There were no citizens comments offered to the Board for discussion. 1 1 B. Delinquent Real Estate Tax Collection. Monthly Report Chairman Cofer called for Transportation Matters. Chairman Cofer called for the Community Development report. R. Bryan David, Director of Planning and Zoning, stated the Department of Environmental Quality (DEQ) has advised the proposed convenience center at the closed City of Franklin landfill site is acceptable subject to the following three conditions: (1) the facility shall not be used for transfer of waste from collection vehicles to haulage vehicles for transportation to disposal sites, (2) use of the closed debris landfill for such operation shall not disturb the integrity of final cover, groundwater monitoring and gas monitoring systems and, (3) any excavated waste must be transported and disposed of in an approved landfill. Mr. David stated a formal amendment of the closure plan will be required before DEQ will permit the facility to be constructed at the landfill. Mr. David stated the City of Franklin will require an acceptable agreement between the County and the City which includes a "hold harmless" provision. Mr. David stated advice should be sought from engineers familiar with landfill closures to determine any liability issues which may be involved and whether it is feasible given the improvements on the landfill. Mr. David stated John Hadfield, Deputy Executive Director, Southeastern Public Service Authority, has advised that SPSA is willing to provide insight to the County on • potential problems and the feasibiUty of the project. Mr. David stated there could potentially be three proel~~ the ttendant'sehut andl(3) potential gas at the site, (2) gas seepag ~, compaction problems. . ,. 2 eo~a 16 •.~ 462 t Supervisor Spady noted a concern with the convenience center being located on filled land at the landfill and suggested that if an area could not be found on the site that has not been disturbed, then perhaps the County should consider an alternate site. Mr. David stated the convenience center could possibly be placed on unfilled land; however, this would require the filling and clearing. of land along the perimeter of the site. County Attorney Crook .stated covered landfills are fragile and because the gases Ghat develop underground must be vented, it is easy to disturb the integrity of the cover. Mr. Crook stated if land is available at the site that is not part of the old landfill it should be used. Mr. Crook stated he does not recommend the "save harmless" provision because the County would be assuming the City's liability in the future for the City's landfill which may have problems. Supervisor Spady suggested the matter be further explored with SPSA, but he would rather the County locate an alternate site. Mr. David stated there may be an opportunity between the front of the existing landfill and a wooded area at Lee's Mill Road that is not a part of the landfill; however, extensive site costs to develop may result. Chairman Cofer requested Mr. David to report back regarding the matter at the Board's November 16, 1995 meeting on the feasibility of the Lee's Mill Road site. // Chairman. Cofer called for the County Attorney's report. County Attorney Crook stated the Board, at their September 28,1995 meeting, considered a request. hom Frances Brite to publish portions of the book authored by Helen Haverty King entitled ~3~storical Notes on Isle of WiQh~ t County. Mr. Crook stated he contacted Mrs. King who is in favor of granting the privilege and he is requesting permission hom the Board. to write Mrs. Brite advising her of the Board's approval. Supervisor Spady moved the Board authorize the County Attorney to write to Mrs. Brite giving her permission to use two quotes from the book entitled Historical Notes on Isle of Wight Count!. The motion was adopted unanimously (5-0). County Attorney Crook stated the Board previously requested him to check into the matter of the Brewer's Creek Subdivision water system agreement. Mr. Crook explained that when the subdivision was developed there was an agreement that no more than 141ots would be sold until a community water system was approved by the. Health Development and that the developer is now requesting that restriction be removed so that they can .proceed with selling additional lots. hlr. Crook stated he spoke with the Director of Planning and Zoning and the Director of Public i 3 1 a~o~K 16 .~:: ~~.63 T•, 1 Utilities who advised that the County has adequate surety bonds. Supervisor Bradby moved the Board approve the request of Brewer's Creek to remove the restrictions and allow them to sell the lots. The motion was adopted unanimously (5-0). County Attorney Crook stated the Board previously authorized him to engage an independent appraiser to review the appraisals for the Lake Gaston pipeline easement acquisition by the City of Norfolk (Ennis Mill Run). Mr. Crook stated he confirmed with counsel for the City of Norfolk' that Norfolk would pay for the appraiser and he then retained an appraiser. County .Attorney Crook stated he would have two matters for executive session later in the meeting. // Chairman Cofer called for the County Administrator's report. 1 1 ,` I County Administrator Caskey stated the Board was presented a briefing at their August meeting regarding the County's 1996 legislative priorities to be relayed to the County's representatives at the General Assembly. Mr. Caskey stated included in the Board's agenda is a modified list from previous years, as well as new items, for the Board's consideration. Supervisor Spady suggested the individual Board members present their individual recommendations to the County Administrator so that a final list can be compiled and returned to the Board for their consideration at their November 16, 1995 meeting. Chairman Cofer noted the list can be reduced if the County promotes having the same taxing powers as independent cities. County Attorney Crook advised there are statutes that state Counties have the taxing powers of cities, but then there are specific statutes which refer to specific taxes which specifies cities and not counties such as meals tax and cigarette tax. Mr. Crook stated the County would be better off to request for the same taxing power citing specific taxes such as meals tax, admissions tax, and cigarette tax. - _ Supervisor Bradshaw requested. County staff to meet with the School - Superintendent so that their legislative priorities can be coordinated. with the County's. Supervisor Bradshaw stated he has requested the Director of .Social Servlces to also relay their legislative concerns to the County Administrator. Mr. Caskey presented a resolution for the Board's consideration to appropriate funds for repairs to the asphalt parking lot at the Windsor Volunteer. Fire Department.. Supervisor Bradshaw moved the Board adopt the following resolution 4 I . _. _ _ _. _... __ __..._ __... _ . r .__.. _ .. _ _r.----, ..~.._ . . eooK 16. 4il4 ~ - contingent upon the Public Works Director's approval: . RESOLUTION TO APFROPRAATi? ONE THOUSAND ONE HUNDRED TWENTY NINE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR 11VII'ROVEMENTS TO THE WINDSOR VOLUNTEER FIRE STATION WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for improvements to the parking lot at the Windsor Volunteer Fire Station; and, WHEREAS, the funds in the amount of one thousand one hundred twenty nine dollars ($1,129) need to be appropriated from the unappropriated fund balance of the General Fund for improvements to the Windsor Volunteer Fire Station in the 1995-96 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the Board of Supervisors-of the County of Isle of Wight, Virginia that one thousand one hundred twenty nine dollars ($1,129) from the unappropriated fund balance of the General Fund be appropriated to the .Building and Grounds maintenance line item in the 1995-96 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 accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Casket' noted the 1995 Annual Business Meeting of the Virginia Association of Counties will be held in November and each county is being requested to designate a representative to vote at the Annual Business Meeting. Supervisor Bradby moved the Board designate Chairman Cofer as the voting. delegate and Vice Chairman Bradshaw as the alternate. The motion was adopted unanimously (5-0). Supervisor Spady moved. the Board adopt the following resolution: • RESOLUTION TO ACCEPT AND APPROPRIATE - NINE THOUSAND EIGHT HUNDRID DOLLARS FROM THE COMMONWEALTH OF VIRGII~IIA - OFFICE OF THE GOVERNOR FOR THE DRUG ABUSE RESISTANCE IDUCATION PROGRAM WHEREAS, the .Board of Supervisors of the County of Isle of Wight, Virginia has received funds from the Commonwealth of Virginia, OEfice of the Governor, fore the Drug Abuse Resistance Education .(DARE) Program; and,. i~ ~i, _, 1 5 ., r LJ ~~ WHEREAS, the funds in the amount of nine thousand eight hundred dollars ($9,800) from the Commonwealth of Virginia, Office of the Governor, need to be appropriated to the .Sheriff's line item in the 1995-96 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that nine thousand eight hundred dollars ($9,800) be appropriated. to the line item for the Sheriffs Office n the .1995-96 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 accounting adjustments in the budget for the grant and to do all the things necessary to give this resolution. effect. The motion was adopted unanimously (5-0). Supervisor. Spivey moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND FOUR HUNDRED DOLLARS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF .STATE POLICE FOR THE HEAT PROGRAM WHEREAS, the Board of Supervisors of the County. of Isle of Wight, Virt~i~-.i.; 3 . ;i~~:~.•i •rci funds from the Commonwealth of Virginia, • .,; ,,?„ r,; ~.;::. ,,t.: i'~~lice, for the HEAT Program; and, W'rIT~ i~ ~ : ~: ~>, the funds in the amount of one thousand four hundred cl~:l~:~ , y j,•100) from the Commonwealth of Virginia, Department of State Police, need to be appropriated to the Sheriffs line .item in the 1995-96 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 one thousand four hundred dollars ($1,400) to be received from the Commonwealth of Virginia, Department of State Police, be appropriated to the line item for the Sheriffs Office in the 1995-96 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 aaounting adjustments in the budget for the grant and to do all the things necessary to give this resolution effect. • The motion was adopted unanimously (5-0). County Administrator Caskey presented the Board with a resolution declaring certain surplus equipment and vehicles. County Attorney Crook questioned whether the list of surplus items 6 ~. i ~k k •, ,. eo~K ~E -:~~4~6 had been made known to all County departments, agendas and authorities and opportunity given them to request any items be transferred to them. County Administrator Caskey replied they had not distributed the surplus items list. to other County agendas, departments and authorities, but agreed that it is a good idea to do so. Addressing County Attorney Crook's quesBon on whether the items have been made available to the. various .departments and agencies, Supervisor Spady moved the Board adopt the following resolution with the stipulation that the list of surplus items be circulated to other departments, boards, agencies and authorities and items withdrawn from the list if requested: i airs Y HI, •. Buick Skylark 4B69F6K150274 1976 Ford B700 .Bus 1988 Ford Crown Victoria 2FABP72F1JX177695 1989 Ford Crown Victoria .. 2FABP72G8IOC2U5017 1989 Ford Crown Victoria 2FABP74F1IQC128785 1989 Ford Crown Victoria 1B3BK46DZKC428191 7J .. RESOLUTION TO DECLARE SURPLUS EQUIPMENT AND VEHICLES WHEREAS, the County of Isle of Wight, Virginia has personal property consisting of equipment and vehicles that are no longer serviceable or have been replaced by new equipment and vehicles 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 said .equipment and vehicles surplus and desires to dispose of same by .method of sale most advantageous to the County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that .the following items of equipment and vehicles are deemed to be surplus property: st rnpt t 1g EOUIPMENT AND. VEHICLES $OViPMENT Tractor Mower, Type RM90 - Flail Mower (7 ft.) Edgers (2) Troy-Bilt Rotor Tiller Marvel Draw Cut Saw Dayton Welding Machine Mode13Z562 Desks (2) Tables (2) Ch ' (2) 1 T; LJ 1989 Ford Crown Victoria 1989 Ford Crown Victoria 1989 Ford Crown Victoria 1989 Ford Mustang 1988 Ford Taurus GMC 6500 Truck Chassis 1P3BK46D7KC425107 2FABP72G7KX203548 2FABP72G8KX205017 1FABP4IEOKF117198 1FABP50U9jAZ86730 1986 Plymouth K Car Sedan 1P3BP26D2GF278710 BE IT FURTHER RESOLVED that the County Administrator of Isle of. Wight County is hereby authorized to sell said surplus property at public auction and sale 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 property. The motion was adopted. unanimously (5-0). County Administrator Caskey presented cost estimates recently received relative to the removal of the building and debris from the Jones. Creek site. 1 County Attorney Crook noted it was not part of the Wetlands Board's recommendation to obtain cost estimates for the removal of the. building, but simply the debris. Chairman Cofer stated he would be in favor of the removal of the building. Alan Nogiec, Director of the Public Parks and Recreational Facilities Authority, stated the initial cost to remove the building is $26,000 which includes the removal of the concrete slab. Supervisor Spady suggested saving the concrete slab for use in the future as additional containers will be added as demand warrants. Supervisor Spivey moved the Board authorize an RFP to clean up the site .excluding the destruction of the existing .concrete foundation. The motion was adopted unanimously (5-0). 1 County Administrator Caskey stated Prime Media is seeking permission from the Board. to use the front portion of Boykin's Tavern for the shooting of a rnmmerdal. 1Vir. Caskey stated Arthur E Berkley, Building Superintendent, visited the site and declares it acceptable as long as nothing is situated on the. porch except the individuals. County Attorney Crook advised the County. should have assumption of risk forms signed by the individuals before they are allowed to use the porch due to the dilapidated o~ndition of the building as evidenced by the Building Offldal's caveat. Chairman Cofer moved the Board approve the request ~ Prime Media 8 Boca 1E ~;.::-4~8 seeking permission to use the front portion of Boykln's Tavern for the shooting of a commercial subject to the County Attorney's approval of signed release forms being delivered to him. The motion was adopted unanimously (5-0). County Administrator Casket' distributed the approved FY1995-96 budgets (summary sheets) for the Board's information. // Chairman Cofer called for Old Business. The application of Roy D. and Shelvia Ruth, owners and Isle of Wight County Board of .Supervisors, lessees fora •Special Use Permit to operate a solid waste collection/convenience center on approximately two (2) acres of land located on the east side of Stave Mill Road (Route 646) between Windsor Boulevard (Route 460) and Cut Thru Road (Route 638) in Windsor Magisterial District. (Tabled September 28, 1995.) Mr. David stated staff identified 14 properties along. the Cut Thru Road corridor as potential sites for a proposed convenience center. Mr. David stated four owners have indicated they are not interested,. eight have not responded and one requested additional information concerning the design of the convenience center. Supervisor Spivey moved the Board approve the application and entec Into a lease agreement with .Roy and Shelvia Ruth. The motion was adopted unanimously (5-0). // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order • of the agenda to hear the public hearings. The motion was. adopted unanimously (5-0). Chairman Cofer called for a public hearing on the following: A. Resolution Accepting and. Approving the Isle of Wight County Priority List and 1995-96 Secondary Construction Budget MacFarland Neblett, Resident Engineer, Virginia. Department of Transportation, stated the. projects have been .taken from the Six Yeaz Secondary Roads Improvement Plan which was adopted by the Board on April 21, 1994. Mr. Neblett stated the total allocated funds to the. County for the Secondary Improvement Probram is $1,426,572. Chairman Cofer called for citizens to speak in favor of or in opposition to the .proposed 1995-96 Secondary Roads Construction Budget. Upon no one appearing, Supervisor Bradshaw moved the Board adopt the fallowing resolution: 9 i i' 1 1 B~nK 1V 'r~:~ 1~IV ~ 1 A RESOLUTION ACCEPTING AND APPROVING THE ISLE OF WIGHT COUNTY PRIORITY LIST AND 1995-96 SECONDARY CONSTRUCTION BUDGET WHEREAS, 'the Isle of Wight County Board of Supervisors and the Virginia Department of Transportation held a public hearing on October 19, 1995 to solicit citizens' comments and recommendations concerning the County's Priority List and the 1995-96 Secondary Construction Budget; and, WHEREAS, comments and recommendations received from the aforementioned hearing do not warrant changing the County's Priority List and Secondary Construction Budget. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County does hereby accept and approve the County's Priority List and the 1995-96 Sernndary Construction Budget, hereto attached, and made a part hereof, reference thereto being hereby specifically made, which contains construction projects and railroad protection projects as presented to the Board. The motion was adopted unanimously (5-0). B. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Decrease Application/Administrative. Fee for Rezoning One Lot From Agricultural Use to Residential Use 1 County Attorney Crook stated the proposed ordinance amendment was recommended to the Board by the Planning Commission to reduce the zoning application fee from $580 to $100 for rezonings of single lots. Chairman Cofer called for citizens to .speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Supervisor Spivey moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO DECREASE APPLICATION/ADMINISTRATIVE FEE FOR REZONING ONE LOT FROM AGRICULTURAL USE TO RESIDENTIAL USE r- i BE IT AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that Section 13-1-3 of the Zoning Ordinance of Isle of Wight County, Virginia, be amended to read as follows: 13-1.3. Petitions by property owners for change in the zoning classification of property shall be accompanied by a certified check made payable to the County of Isle of Wight in the amount of Four Hundred Dollars ($400.00) to rezone to Agricultural use, Five Hundred Eighty Dollars ($580.00) plus Ten Dollars ($10.00) per acre of land involved to rezone to Residential use, Five Hundred Eighty ($580.00) plus Twenty Dollars ($?A.00) per acre to rezone ~ Business 10 ~•, ' eoer 16 .~:~-47~ or Industrial use. Provided, however, that an application to. rezone one lot from Agricultural use to Residential use shall require a certified check made payable to the County of Isle of Wight in the amount of One Hundred Dollars ($100.00). In addition, an application for rezoning shall require a plat to be prepared in accordance with the requirements of the Subdivision Ordinance, which must be recorded in the Clerk's Office for the Circuit Court of Isle of Wight County, .Virginia, prior to the rezoning taking effect.. If the boundary plat of the rezoned area is not rernrded within six (6) months of the approval of same by the Board of Supervisors of Isle of Wight County, Virginia, the property will revert to the zoning classification existing prior to the action of the Board of Supervisors. The motion was adopted unanimously (5-0). C. The application of Louise B. Lee and Rossie Brock owners, and W. A. and Darlene C. Mobley, Sr., prospective owners, for a change in zoning classification from A-1, Agricultural Limited to C-Ml, Conditional Industrial Limited, approximately .three (3) acres of land located on the east side of Hunt Club Road (Route 630) south of joyners Bridge Road (Route 611) and west of Walters Highway (Route 258) in Windsor Magisterial District. The. purpose of the application is for the storage and maintenance of Mobley Construction Company. equipment as conditioned. Mr. David advised the Board .that this afternoon he received a telephone call from the applicant, W. A. Mobley, stating that he wishes to withdraw his application. Mr. David stated while the applicant was requested by staff to submit his request for withdrawal in writing prior to the Board meeting, nothing has been received at this time. County Attorney Crook stated that while the request for withdrawal should be received in writing, the. Board could approve the withdrawal subject to it being received in writing. County Attorney Crook stated the Board would not need to have the public hearing, but rather accept the withdrawal and specify that it be in writing. Mr. Crook stated the Board could also table the matter. although he does not recommend this action. Supervisor Spivey expressed his mncern for the people who have come to the meeting tonight expecting a public hearing and. are inconvenienced because the applicant has notified staff on,the day of the hearing of his request for withdrawal. County Attorney Crook .stated frequently when an applicant withdraws his application he does it by telephone and they are requested to submit their request in writing so as to confirm that it was the applicant on the telephone. Supervisor Spivey suggested applicants be requested to come to the meetings in person to withdraw their requests. 11 1 L1 BOOM ~U ~; : ~~~ .~. ., Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. 1 1 1 Elaine and Carlton Butler of Hunt Club Road in Carrsville appeared and spoke in favor. Mrs. Butler stated Mr. Mobley is withdrawing his application, which will- result in a loss of revenue to the County, because citizens across the road do not want him there. Gene Capps of Hunt Club Road in Carrsville appeared and spoke in. opposition to the proposed application stating it is not in keeping with the County's Comprehensive Plan. Mr. Capps requested that it be noted on the record that Mr. and Mrs. Dunagan, Mr. and Mrs. Poe and Mr. Barrett are also present and are opposed to the application. Mr. David submitted a petition containing 281 signatures against the application. Bill Barrett of Carrsville spoke in opposition to the proposed application arguing that it was spot zoning. Supervisor Spivey stated he would abstain from voting on the matter because the applicant is not present to answer questions. Supervisor Bradshaw noted there are additional sites in that .area which are for sale which are zoned appropriately for businesses. Supervisor Bradshaw moved. the Board approve the applicant's request for withdrawal subject to it being received in writing.. The motion passed (4-0) with Supervisor Spivey abstaining. D. The application of Harrison d= Lear, Inc. to amend C-Bl, Conditional Business General Zoning of approximately 12 acres of land located on the south side of Windsor Boulevard (Route 460) near its intersection with Old Suffolk Road (Route 636) in Windsor Magisterial District. The purpose of the application is to allow uses in the Business General Zone as proffered. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. William Riddick, attorney representing the applicant, stated the applicant is not requesting a rezoning, rather that the condition requiring that the site be used as a 70,000 square foot shopping center be removed. Mr. Riddick stated the applicant is proffering .that there will be no more than three curb cuts on Route 460, no heating/ventilating/air conditioning ~ . equipment ductwork will be visible. to Route 460, and large trash receptacles/dumpsters/satellite dishes will be similarly treated: Mr. Riddick stated the applicant's original proffer of $750 per lot is not warranted as oommerdal development should not carry proffered conditions. 12 ~eooK 16 -::: 472 . ~i County Attorney Crook in aired of Mr. Riddick if the applicant was withdrawing his $750 per lot cash proffer. Mr. Riddick stated Ny~N• Supervisor Spivey 'moved the Board approve the application of Harrison ~ Lear, Inc. with the removal of Item #2, of the letter: dated October 12, 1995 regarding cash proffers. 'The . motion was adopted unanimously (5-0). Chairman Cofer stated regarding cash proffers on commerdal development, the figure is virtually zero impact on capital improvements for the County. Chairman Cofer stated from a business standpoint, the Board is encouraging businesses and industries to locate in .the. Development Service District in the County and proffers create a negative impact on potential businesses and industries. E. The application of George Bradley fora .change In zoning classification from A-2, Agricultural General to Conditional M-1, Conditional Industrial Limited, approximately .54 acre of land located on the north side of Battery Park Road (Route 704) between South Church Street (Route 10) and Greenbrier Lane in Newport Magisterial District. The purpose of the application is for a welding machine and metal fabrication operation. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Charles Fitchett of Battery Park Road appeared and spoke in favor expressing a need for. additional M-1 zoning in his area, as well as an Industrial .park. Wallace Lowery of Battery Park Road appeared and spoke in favor stating Battery Park Road should be zoned for business as requested. Mr. David advised that on October 16,1995, he received a letter from C. Leonard Willis,. the adjoining property owner, in opposition to the proposed application which was distributed to the Board members in their agenda packages. ' Supervisor Spady moved the Board approve the application of George Bradley. The motion was adopted unanimously (5-0). - F. The application of Cecil B. Peade for a change In zoning classiFication hom A-1, Agricultural Limited to Conditional R A, Conditional Rural Residential, approximately 4.5 acres of land located off Courthouse Highway (Route 258) between Foursquare Road (Route 620) and Waterworks Road (Route 709) in Hardy Magisterial District. The purpose of the application. is for one single family lot. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. 13 ii~ 1 W~ . i .~. ~~±± cc~~ ., 800N. 1U 4~J Cecil B. Peade, applicant, appeared requesting the Board approve his application. 1 Supervisor Bradby moved the Board approve the application of Cecil B. Peade. The motion was adopted unanimously (5-0). G. .The application of Edward Rae Scott to amend Conditional Industrial Limited Zoning of 1.5 acres of land located at 15266 Carroll Bridge Road in Newport Magisterial District. The purpose of the application is to allow specific Business and' Industrial uses as proffered. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Edward Rae Scott, applicant, appeared requesting the Board approve his application. Supervisor Bradby moved the Board approve the application of Edward Rae. Scott. The motion was adopted unanimously (5-0). 1 H. The application of Fitzhugh L. Edwards, Jr., for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, approximately two (2) acres of land located on the southside of Smtt's Factory Road (Route 620) between Deer Run Drive and Bowling Green Road (Route 644) in Newport Magisterial District. The purpose of the application is for two (2) single family residential lots. Chairman Cofer called for citizens. to speak in favor or in opposition to the proposed application. Fitzhugh L. Edwards, jr., applicant, was present. Supervisor Spady moved the Board approve the application of Fitzhugh L. Edwards, Jr.. The motion was adopted unanimously (5-0). I. The application of the Doris D. Gwaltney Estate, owner, and F. Wayne Nurney, prospective owner, for a change in zoning classification from A-1, Agricultural Limited to R-A, Rural Residential, approximately two (2) acres of land located on the west side of Moonlight Road (Route 62~ between Mill Swamp Road (Route 62b) and Burwells Bay Road (Route 621) in Hardy Magisterial District. The purpose of the application is for two (2) single family residential lots. C Chairman Cofer called for citizens to speak in favor of or in .~ opposition to the proposed application. . Becky Gwaltney, appeared on behalf of the ~ Gwaltney Estate requesting the Board approve the application so that family debts could be satisfied. Ms. Gwaltney read a letter of support from Leon A. Blunt; jr. and 14 .. __ . __ eooa 16 474 . Mary E. Blount. Dr. James Pape, john Edwards, Blake Gwaltney, Bobby White and Sylvia Carr stood at her~request noting their support for the application. County Attorney Crook stated the issue is there are nocash proffers for a residential zoning of two lots and the. Planning Commission in considering these unique circumstances made an exception and recommended unanimous approval. Mr. Crook stated this is a departure from polity, but the Planning Commission recommends the exception as being justified by the circumstances. Supervisor Bradby moved the Board approve the application of Doris D. Gwaltney Estate. The motion was adopted unanimously (5-0). j. Application of Florida Amusements to conduct a carnival from October 19, 1995 through October 29, 1995 at the "Airway Shopping Center" located on the north side of Carrsville Highway (Route 58-Business) on Tax Map Parcel 69-01-038 in Windsor Magisterial District. Mr. David presented this as a late item to the Board for public hearing. Mr. David stated a carnival has been set up adjacent to the Airway Shopping Center and the applicant is requesting a permit to operate ...from 6:00 p.m. until 10:00 p.m. during the dates noted. Mr. David stated each of the rides will be inspected and approved by the Superintendent. of Inspections prior to public use and vehicle parking is to be located within • the shopping center's existing parking area. with sanitation areas provided by portable toilets. Mr. David stated security will be provided by off-duty officers from the Sheriffs Department. Chairman Cofer called for citizens to speak In favor of or in opposition to the proposed application. Albert Mazurldewicz, representing the applicant, requested approval and responded to questions of the Board members. Supervisor Bradshaw moved the Board approve the application of Florida Amusements. The motion was adopted unanimously (5-0). // At 8:10 p.m., Supervisor Spady moved the Board return to the reg~ilar order of the agenda. The motion was adopted unanimously (5-0). // Chairman Cofer called for New Business. ~ There was no new business presented for discussion by the Board. /1 ' 15 i 1 1 ,. .•. 800h ~E -; _-. 4~~ . Chairman Cofer called for Appointments. There were no appointments offered for consideration by the Board. 1 // Chairman Cofer called for approval of the September 28, 1995 minutes. Supervisor Bradshaw moved the Board adopt the September 28,1995 minutes. The motion was adopted unanimously (5-0). // County Administrator Caskey requested an executive session under Section 2.1-344. Al of the Freedom of Information Act concerning a personnel matter and under Section 2.1-344 A7 concerning two matters for advice of counsel LJ ~- County Attorney Crook requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act mnceming consultation with legal counsel and briefings by staff members pertaining to .actual or probable litigation. Supervisor Spady moved the Board take aten-minute recess at 8:03 p.m. The motion was adopted unanimously (5-0). At 8:13 p.m., Supervisor Spivey moved the Board enter executive session for the reasons stated by the County Administrator and County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session at 8:50 p.m., Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote .and in a~c~nrdance with the provisions of the Virginia Freedom of Information Act; ~,;:, ;".'! ir.;~I::AS, 2.1-344.1A of the Code of Virginia requires a certification icy 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 oonstdered by the Board of Supervisors. i eo~r 16 =;., 47f ~ . ~ . AYES: 8 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (S-0). Chairman Cofer moved the Board adjourn ak 8:s2 p~ T~ motion was adopted unanimously (5-0). // _..._ Malcolm T. Cofer, C _ W. Dou as skey, Cle