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