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06-18-1998 Regular MeetingBOOR• ~O.'rAl:~ 21 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD. OF SUPERVISORS HELD THE EIGHTEENTH DAY OF JUNE IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Henry H. Bradby ABSENT: 'Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Melinda Goodwyn, Acting Recording Secretary Chairman Claud called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Spady. // ~~~ Chairman Claud called for Special Presentations. Chairman Claud recognized A. Frank brewery and presented him with a resolution recognizing his contributions to the American Red Crass. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE A. FRANK DREWERY FOR HIS CONTRIBUTION TO THE AMERICAN RED CROSS WHEREAS, A. Frank brewery was recently identified as having donated 100 pints of blood to the American Red Cross since the early 1960's; and, WHEREAS, Mr. brewery's donation is equivalent to the amount of blood typically donated in four (4) separate blood drives; and, WHEREAS, the donation of blood is critical in saving lives; and, 1 WHEREAS, the Board of Supervisors wishes to recognize this noteworthy achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia the Mr. A. Frank 1 eooK i8 rar.~ 28 brewery is recognized and commended for his lifetime donation of 100 pints of blood to the American Red Cross. The motion was adopted unanimously (4-0). Dr. Jane T. York, Reuben Johns, and Bill McKinney, of the Isle of Wight County Public Schools and Anne F. Seward, Director of Budget and Finance, presented the Board a brief overview of the proposed implementation plan for the Isle of Wight County Community Internet Access Program.. Ms. Johns requested the Board's approval for the community access, funding for support staff in the amount of $38,400 and funding for additional phone lines in the amount of .$2,400, for a total of $40,800. Ms. Seward noted the Board's approval would provide County staff and citizens with internet access, serve as an economic development tool, enhance the County's access to General Assembly actions and promote awareness to County citizens. Ms. Seward noted an initial $16,800 will be required in next year's budget to complete Phases I and II and she would recommend coming back to the Board on issues related to Phase III concerning additional cost for phone lines and any support issues. County Attorney Crook advised the Board leave the Internet Access Program under the schools as an educational tool rather than a program of County government. Chairman Claud noted the Board would further discuss .the plan at its budget work session on June 29, 1998. // Chairman Claud indicated the following Consent Agenda included Item 2, A through F, and asked if there were any items for removal: Western Tidewater Water Authority Loan Stave Mill Road Convenience Center Site Delinquent Real Estate Tax Collection Monthly Report May 7, 1998 Regular Meeting Minutes May 18, 1998 Continued Meeting Minutes Preliminary Plat of Gatling .Pointe South Phase 3 There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (4-0). // Chairman Claud called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, distributed to the 1 1 2 B~QK '~V %~'~[ 2V 1 Board a copy of a letter from MacFarland Neblett, Resident Engineer, VDOT, referencing the speed study that was conducted for Holly Run Drive (Route 615), as requested by Supervisor Bradshaw at an earlier meeting. Mr. Hartley informed the Board that he attended VDOT's primary road hearing on June 11, 1998 and relayed the Board's concerns regarding additional funding allocated for certain highway projects. He stated that the Franklin Residency had offered to come to the Board to make a presentation on the status of the bridge over the Blackwater River. Mi-. Hartley informed the Board that he was proceeding with the RFP for. the surveying work associated with the rural addition project. // Supervisor Cofer moved the Board amend the order of the agenda in order to hear Old Business. The motion was adopted unanimously (4-0). // Chairman Claud called for Old Business. D The application of Thomas L. Newton, Jr. and Thomas S. Word, trustees for a change in zoning classification of approximately 609 acres of land currently zoned NC-Residential General, General Industrial and General Commercial. Approximately 87 acres are proposed to be rezoned to Conditional General Commercial. and approximately 522 acres are proposed to be rezoned to Conditional Planned Development Residential.. This property, known as the Springfield Tract .and formerly part of the Graymor Development Plan, is located on the east and west sides of Carrollton Boulevard (Route 17) in Newport Magisterial District. The purpose of the application is for general commercial development, single family residential and multi-family residential development as conditioned. Chairman Claud explained the Board is not in a position tonight to take action and moved the Board table the matter until its regular meeting of August 20, 1998. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Chairman Claud called for Citizens Comments. 3 8001( ~8rA"~ •~0 Tom Gaskell, President, Isle of Wight County Republican Party, spoke before the Board noting concerns of the Republican Party regarding the Graymor rezoning application. The Republican Party suggests that East West Partners should make serious cash proffers to soften the financial impact to the County, the size of the development should be limited according to the new County guidelines and impact studies should be made concerning the environmental impact of the runoff of storm drainage in the James River and its effect on fishing, wetlands and wildlife. // Chairman Claud called for the Community. Development report. Mr. Hartley offered no Community Development report for discussion by the Board. // Chairman Claud called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, stated bids were received on June 9, 1.998 for approximately 10,000 feet of twelve (12) and sixteen (16) inch water main that would extend from the Carisbrooke well eastward along Carrollton Boulevard to Sugar Hill Road. A low bid of $474,068 was submitted by Precon Construction. and he would recommend the Board approve the contract to Precon Construction, that the Chairman be authorized to sign the contract contingent upon the County Attorney's review, and adopt an appropriations resolution. -Supervisor Spady moved the Board award the contract to .Precon Construction, that the Chairman be authorized to sign same contingent upon the County Attorney's review and approval as to form and that the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIVE HUNDRED THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION FUND FOR THE NORTHERN DEVELOPMENT SERVICE DISTRICT~WATER LINE WHEREAS, the .Board of Supervisors of the County of Isle of Wight, Virginia has approved project funds for the Northern Development Service District Water Line; and. WHEREAS, the funds in the amount of five hundred thousand dollars ($500,000) need to be appropriated from the utility construction fund to the 1997-98 Capital Projects Budget for the installation of a water line in the Northern Development Service District of the County of Isle of Wight. 4 BOOK ~SrA",C •~~ i NOVy, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five hundred thousand dollars ($500,000) be appropriated from the utility construction fund to the 1997-98 Capital Budget of the County of Isle of Wight. 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 the things necessary to give this resolution effect. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // Chairman Claud called for the County Administrator's report. n Ms. Seward briefed the Board on the additional need for data processing user access points. Ms. Seward recommended the Board proceed with Options 3 or 4 and that the Finance Committee and herself meet with Monette Information Systems to discuss which option would be best for the County. Supervisor Spady moved the Board direct the Finance Committee and Finance Director to meet with Monette Information Systems to discuss Options 3 and 4 and provide the Board with a recommendation. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. County Administrator Caskey recommended the Board .approve an annual agreement with the Western Tidewater Health District for services beginning on July 1, 1997 and ending on June 30, 1998 .subject to any input from the County Attorney. County Attorney Crook recommended the Western Tidewater Health District Agreement to the Board for approval. Supervisor Spady moved the Board approve the Statement of Agreement, as provided by the Western Tidewater Health District. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. L County Administrator Caskey- presented a .request from Dr. Alexander Decker, Assistant Superintendent for Schools, regarding the County's assistance in making cable television available at several sites. Sharon Stallings, General Manager, Insight Cablevision, recommended that she be provided an opportunity to speak further with Schools' representatives 5 BOOK ~H ra^~ •~~ regarding other alternatives as the cost of the cable would have to be absorbed by all the other residents. Chairman Claud moved the Board direct County staff and School Board staff meet with Insight Communications Company and provide the Board with a recommendation. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. County Administrator Caskey recommended the Board accept the low bid from Southern States Tidewater Petroleum Cooperative, .Inc. for gas, oil and diesel fuel. . Supervisor Spady moved the Board accept the low bid from Southern States Tidewater Petroleum Cooperative, Inc. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ABSOLVE DEBT OF THE PUBLIC UTILITIES ENTERPRISE FUND TO THE GENERAL FUND 1N THE AMOUNT OF ONE HUNDRED SEVENTY SEVEN THOUSAND TWO HUNDRED FIVE DOLLARS WHEREAS,. The Board of Supervisors of the County. of Isle of Wight approved two loans to the Public Utilities Enterprise Fund on June 20, 1996 and November 2 l , 1996 in the amounts of $63,000 and $114,205 respectively for various fund expenses; and, WHEREAS, these loans have been absolved by the Board of Supervisors given the current financial condition and. obligations of the Public Utilities Enterprise Fund .and that said absolution is in the best. interest of the County's financial reporting. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that approved loans in the amount of one hundred seventy seven thousand two hundred five dollars ($177,205) issued to the Public Utilities Fund for various fund expenses. be absolved by adoption of this resolution. 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 as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. 6. eood • ~8 rasp 33 ~- At the recommendation of the. County Attorney, Supers~isar Cofer moved the Board defer action on the Resolution to Absol~~e Dept of the County and School Health Insurance Funds to the General Fund in the amount of $320,000 until the Board's regular meeting of July 16, 1998 to allow the County Attorney an opportunity to study the legal impact. The motion vas adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Eileen Smith of the Isle of Wight County Sheriff's Office, distributed to the Board .information on requirements for Incident-Based Reporting (IBR) certification. Ms. Smith presented the Sheriff s request for approval of the grant application and $5,250 in local matching funds. Supervisor Cofer moved the Board approve the Sheriffs request for local matching funds in the amount of $5,250 so that the application can be filed. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against.. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted ,unanimously (4-0). // Chairman Claud called for Public Hearings. An Ordinance to Abandon a Portion of the Right-of--Way Area for the Cul- De-Sac of Watch Harbor Circle, State Route 1179, Gatling Pointe Subdivision Chairman Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. William H. Riddick, III, Attorney representing the applicant, spoke in favor of the Ordinance. Attorney Riddick noted Lot 7 borders on the marsh and the property owner needs to come forward on the lot so that the home does not encroach on the marsh. Chairman Claud closed the public hearing and called for comments from the Board. 1 Supervisor Cofer moved the Board adopt the following Ordinance: AN ORDINANCE TO ABANDON A PORTION OF THE RIGHT-OF-WAY AREA. FOR THE CUL-DE-SAC OF 7 BOOK ~Ora0r •J~ WATCH HARBOR CIRCLE, STATE ROUTE 1179, GATLING POINTE SUBDIVISION WHEREAS, there is a plat recorded in the Clerk's Office for the Circuit Court of Isle of Wight, County,. Virginia in Plat Book 14, at page 29 on June 23, 1998, which depicts the right-of--way area for the cul-de-sac. at the western terminus of Watch Harbor Circle, State Route 1179, Gatling Pointe Subdivision, Isle of Wight county, Virginia; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, be Resolution duly adopted by said Board on August 16, 1990, requested the Commonwealth of Virginia Department of Transportation to take Watch Harbor Circle into the State Secondary Highway system as shown on said plat; and, WHEREAS, the portion of said right-of--way shown on the attached plat is surplus area not needed by the Commonwealth of Virginia Department of Transportation for the maintenance of State Secondary Highway 1197, said plat being entitled "EXHIBIT SHOWING AREAS OF EXCESS RIGHT OF WAY LOCATED ON WATCH HARBOR CIRCLE STATE ROUTE 1.197 GATLING POINTE SUBDIVISION ISLE OF WIGHT COUNTY, VIRGINIA," dated 8/6/97 by Sledd & Associates, P.C.; and, WHEREAS, the property owners abutting on Watch Harbor Circle cul-de- sac, by their attorney, have requested the County proceed to abandon said excess right-of--way; and, WHEREAS, the properties abutting said portion of said excess right-of- way, will become vested with the ownership of that portion of the right-of--way so vacated such that their properties will front on the remaining platted cul-de-sac of Watch Harbor Circle and said platted excess right-of--way serves no public nor private purpose as aright-of--way; and, WHEREAS, the General Assembly of Virginia has authorized governing bodies of counties to abandon plats, after sale of lots, including roads within the secondary system of highways as provided in Section 15.1-482 of the Code of Virginia; and, WHEREAS, the governing body of the County of Isle of Wight, Virginia has pursuant to Section 15.1-482 of the Code of Virginia given notice of a public hearing of said governing body for the adoption of an Ordinance for the abandonment of said excess right-of--way, including giving notice to the Transportation Commissioner of the Commonwealth of Virginia, and, after hearing from interested persons and the public. in general, the Board of Supervisors of Isle of Wight County, Virginia, is of the opinion that the platted excess. right-of--way serves no public or private purpose, and that the abandonment of said excess right-of--way will vest ownership in said abandoned excess right-of--way in the abutting .property owners so that their properties will 8 800K ~O rA,^•~ •a5 u still abut on,the cul-de-sac of Watch Harbor Circle and consequently, said excess right-of--way as shown on the aforesaid plat of Sledd & Associates as "R/W areas 4 through 9," should be and the same are hereby abandoned pursuant to Section 15.1-482 of the Code of Virginia, as amended. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County for New Provisions Regarding Exempted Subdivisions Chairman-Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY FOR NEW PROVISIONS REGARDING EXEMPTED SUBDIVISIONS 1 BE IT AND IT IS HEREBY ORDAINED that the following Sections of the .Subdivision Ordinance of Isle of Wight County, Virginia, be amended respectively to read as follows: Section 3-4-1. Exempted subdivisions of land. The following subdivisions of land shall be exempted from all provisions of this Ordinance except the provisions of Section 3-4-2: (a) Any sale or other transfer of bulk property for agricultural, horticultural or silvicultural purposes, not involving any new street (the granting of a right-of-way for access shall not be deemed. to involve any new street) provided such divisions shall have the following notation on the recorded plat: "Residential development will require Residential Zoning pursuant to Section 3-8 of this Ordinance of Isle of Wight County, Virginia, as amended." (b) 'Any division of property handed down by Court action. 1 (c) The sale, exchange or other transfer of parcels between adjoining lot owners, where it does not create additional building sites or make existing lots of lesser width or area than required by this Ordinance. (d) A subdivision for the purpose of development of a residential 9 80OK ~8rp~r 36 lot provided that there are not more than two such lots made available for residential purposes from any one tract, parcel or lot of land. Section 7-28. Subdivision. The division or redivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term "subdivision" shall also mean the following: (a) Any development of a parcel of land which involves installation of sanitary sewers, storm sewers, water mains, gas mains or pipes, or other appropriate facilities for the use,- whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon. (b) Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale. (c) The term "subdivision" includes resubdivision, and as appropriate in this ordinance, shall refer to the process of subdividing the land or to the land subdivided. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County, Virginia, to Delete Section 3814 Subdivision for Agricultural Uses Therefrom Chairman Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA, TO DELETE SECTION 3814 SUBDIVISION FOR AGRICULTURAL USES THEREFROM BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of 10 BOOK ~V ~~~~ ,J 1 1 Isle of Wight County, Virginia that Section 3814 Subdivision for Agricultural Uses be and the same is hereby repealed, revoked and deleted from the Zoning Ordinance of Isle of Wight County, Virginia. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor. of the motion; none voting against. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County Regarding Underground Utilities to Allow Extension of Overhead Utilities Parallel and Adjacent to State Roads, in Rural Agricultural Conservation Districts, Industrial Parks and for Lots .Greater Than Five Acres Chairman Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. Gene Thresher, Operations Manager, Community Electric Cooperative, spoke in favor of the proposed Ordinance. Mr. Thresher noted a high cost burden under the existing ordinance on new consumers wishing to build on large lots. Chairman Claud closed the public hearing and called for comments from the Board. 1 Supervisor Bradby moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY REGARDING UNDERGROUND UTILITIES TO ALLOW EXTENSION OF OVERHEAD UTILITIES PARALLEL AND ADJACENT TO STATE ROADS IN RURAL AGRICULTURAL CONSERVATION DISTRICTS, INDUSTRIAL PARKS AND FOR LOTS GREATER THAN FIVE ACRES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 10304, Underground Utilities, of the Zoning Ordinance of Isle of Wight County, Virginia, be amended as follows: section 10304 Underground Utilities. 1 A. As used. in this Ordinance, the term "customer utility service" means all of those wires, conduits, pipes, cables and appurtenant equipment located between the existing utility distribution facilities on the property or the boundary line of the property where no such facilities exist and the wall of the building owned and/or occupied by a customer in the case of an electric power, telephone, telegraph or cable television system; and, all those conduits, pipes, and appurtenant equipment located between the street main and the wall of the building occupied by a customer in the case of gas, water, steam, petroleum or sewer system. 11 R BOOK ~8 ~AG~ 38 B. All new customer utilities, services, including but not limited to all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection. with the furnishing of electric power, telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer systems, shall, after the effective date of this Ordinance be placed below the surface of the ground; provided, that: 1. Equipment such as electric distribution transformers, transmission 33KV and above, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground and in accordance with accepted utility practices for underground distribution systems may be so installed; 2. Meters, service connections and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed. 3. Overhead utilities services existing as of October 29, 1974, may be repaired, replaced or increased in capacity; and relocated parallel and adjacent to pre-existing State roads. 4. Temporary overhead facilities required for construction purposes will be permitted. 5. Whenever relocation of utility facilities is compelled by any construction undertaken by any unit of government, the provisions of this section may be waived by the Board of Supervisors or its agent. 6. .Overhead farm and industrial customer utility services and wiring which is on property owned and/or occupied by the users. thereof will be permitted. 7. Underground utilities will not be required in those areas of the County zoned Rural Agricultural Conservation Districts under the Zoning Ordinance of Isle of Wight County. 8. Underground utilities will not be required in industrial parks which would be defined as subdivisions by the Subdivision Ordinance of Isle of Wight County if zoned to an industrial use under the Zoning Ordinance of Isle of Wight County. 9. Overhead utilities services may be extended within a subdivision where the. average lot size (excluding. the original parcel) is greater than five (5) acres and may further be extended in any case where such extension would be parallel and adjacent to public roads existing as of October 29, 1974. Utilities services along roads not existing as of October 29, 1974, and internal to a subdivision where the average lot size 12 BOQK ~~ :'A!:' ;~~;~ (excluding the original .parcel) is five (5) acres or less must be underground. Overhead utilities services may be extended along or across other public roads as authorized by the County agent. C. All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. The application of Sidney C. Newsome, Jr. for a Conditional Use Permit to locate a mobile home, to be occupied by his two.(2) sisters, on one (1) acre of land located on .the west side of Deer Path Trail (Route 600) at 23326 Deer Path Trail, Windsor, in Windsor Magisterial District. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Sidney C. Newsome, applicant, requested the Board approve the application. 1 Chairman Claud closed the public hearing and called for comments from the Board. Chairman Claud moved the Board approve the application of Sidney C. Newsome, Jr., as conditioned. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. The application of Michael G. Johnson to amend Conditional Suburban Estate zoning of approximately 5.5 acres of land located an the north side of Mallard Cove Lane in Newport Magisterial District. The purpose of the application is for the creation. of two (2) lots for sale and one (1) for an immediate family member transfer. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Michael G. Johnson, applicant, spoke in favor of the application. 1 County Attorney Crook noted the applicant orally proffered to the Planning Commission the proffer of $1,500 for each of the lots to be sold, but not on the family member lot.. Mr. Johnson agreed. County Attorney Crook said the proffer must be in writing. Mr. Johnson agreed to proffer $1,500 for each of the lots to be sold and signed a written statement to that effect. 13 800 ~8 SAG!' '#O Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of Michael G. Johnson, as proffered. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. The application of Hampton Promotions, Inc. for a change in zoning classification from RAC, Rural Agricultural Conservation, to C-SR, Conditional Suburban Residential, approximately 3.45 acres of land located on the west side of Smith's Neck Road between Reynolds Drive and Haynes Lane in Newport Magisterial District. The purpose of the application is for the creation of three (3) single family residential lots. County Attorney Crook noted the agenda should be corrected to reflect Rural Agricultural Conservation to Conditional Suburban Residential. County Attorney Crook noted the advertisement was advertised properly, however, it is listed incorrectly in the agenda. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Robert Jones, Attorney, for the applicant, spoke on behalf of the applicants. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board approve the application of Hampton Promotions, Inc., as proffered. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. The application of the Z.T. Holland Estate for a change in zoning classification from RAC, Rural Agricultural Conservation, to RR, Rural Residential, approximately 1.75 acres of land located at 26585 River Run Trail in Windsor Magisterial District. The purpose of the application is for the creation of one (1) single family residential lot. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Otto Wegman, executor of the estate of Z.T. Holland, spoke on behalf of the applicant. Chairman Claud closed the public hearing and called for comments from the Board. Chairman Claud moved the Board approve the application of Z.T. Holland 14 1 1 1 800K ~O rA^f ~1 Estate. The. motion was adopted as follows:. Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Chairman Claud called for the continuation of the County Administrator's report. Chairman Claud moved the Board nominate A. Frank brewery for appointment to the Board of Equalization representing -the Windsor District. and Harry Duval representing the Carrsville District. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. Ms. Seward noted bids have been received on the Virginia. Retirement System (VRS) refunding note and she recommends the low bid of Crestar Bank with a taxable interest rate of 6.34% and anon-taxable interest rate of 4.41 %. Supervisor Cofer moved the Board accept the bid of Crestar Bank as the low bid .for the VRS Refunding. Note. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // Chairman Claud called for New Business. There was no New Business offered for discussion by the Board. U Chairman Claud called for Appointments. There were no appointments offered by the Board. // Chairman Claud called for the County Attorney's report. County Attorney Crook stated he and the Director of Budget and Finance met with the auditor of the Board's choice and negotiated a contract for the three 15 eoo~ ~8 ~acr ~2 (3) years of auditing service. He stated the contract is for $20,000 the first year, $20,500 the second year and $21,000 the third year. County Attorney Crook recommended the Board authorize the County Administrator to sign the Letter of Agreement. Supervisor Spady moved the Board approve the contract and authorize the. County Administrator to sign the Letter of Agreement. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. County Attorney Crook informed the Board that a meeting had been scheduled for June 25, 1998 at 4:00 p.m. in the Board Room to discuss the Burwells .Bay issues raised at a previous meeting. County Attorney Crook informed the Board that at their request he had reviewed the "Gilded Six Bits" .film script and he would forward it to the Museum Foundation for its recommendation and bring the matter back to the Board at its June 29, 1998 meeting. County Attorney Crook advised he has reviewed the Chesapeake Bay Local Assistance Contract #99,-1-035, which includes funding for the Environmental Planner position and. which callsfor monitoring pump-out of septic tanks. Supervisor Spady moved the matter be tabled until the Board's July 2, 1998 meeting. In the interim, County staff and the County Attorney will review the Chesapeake Bay Local Assistance Contract and provide the Board with a recommendation. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. County Attorney Crook presented. a Deed of Trust and Note to secure the proffers of West Bank Land Trust and he recommended the Board approve the Deed of Trust and Note and authorize the Chairman to sign on behalf of the County. Supervisor Cofer moved the Board approve the Deed of Trust and Note and authorize the Chairman to sign the Deed of Trust. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor ~of the motion; none voting against. County Attorney Crook informed the Board that he had received the proposed lease agreement for Robinson Park from the Town of Windsor's Attorney, but wanted to .further review it with the Town Attorney before presenting it to the Board. County Attorney Crook presented a Health Department building lease for the Board's consideration and for the property located across the street from the Health Department which he recommended the Board approve. 16 800 ~O rA^f 43 1 Supervisor Spady moved the Board approve the Health Department building lease and the office space lease and authorize the Chairman to sign same once received. The motion was adopted as follows: Claud, Spady, Bradby and Spady voting in favor of the motion; none voting against. // County Attorney Crook requested an executive session. under Section 2.1- 344 Al for discussion with staff concerning a personnel matter; under Section 2.1-344 A3 for discussion with staff and counsel on two matters related to acquisition and/or use of properly public for public uses; and, under Section 2:1- 344 A7 concerning three matters involving actual or potential litigation requiring advice of counsel. Supervisor Cofer moved the Board enter executive session for the reasons stated by the County Attorney. The motion was adopted unanimously (4-0). .Upon returning to open session, Supervisor Cofer moved. the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING I 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 ofthe Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors.. . n AYES: 4 (Claud, Cofer, Bradby and Spady) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING:. 1 17 BOOM ~O rA&f ~~ The motion was adopted. as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // Ms. Seward requested the Board approve aone-time capital cost of $4,800 to extend a line of fiber between the School Annex and the County Courthouse to provide internet access to County offices. Ms. Seward noted the necessary funds are included in the budget. Supervisor Cofer moved the Board approve the request to extend a line of fiber between the School Annex to the County offices to provide Internet access to County offices in the amount of $4,800. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting against. // At 7:50 p.m., Supervisor Cofer moved the Board continue its meeting until June 29, 1998 at 3:30 p.m. The motion was adopted unanimously (4-0). 1 ~% Robert C. Claud, Chairman W. Dougl s skey; Cle 18 i