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03-20-1997 Regular Meeting... BOQK 17 ~tl;'l~v~ ~'~ REGULAR MEETING OF THE ISLE OF WIGHT 'COUNTY BOARD. OF SUPERVISORS HELD THE TWENTIETH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman O. A. Spady Malcolm T. Cofer 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 Carey H. Mills,. Recording Secretary Chairman. Bradby called the meeting to order at 6:00 p.m. The invocation 1 1 - was delivered by Chairman Bradby. // Chairman _Bradby noted the absence of the County Attorney and called for Citizens Comments. There were no citizens' comments offered for. discussion by the Board. // Chairman Bradby called for Transportation. Matters.. R. Bryan David, Director of Planning and Zoning, stated the County's. Transportation .Safety Committee is recommending the Board forward a letter to .the VDOT Resident Engineer requesting appropriate action with regard to the intersection at Darden's Store located at Bowling Green Road (Route 644) and. .Carroll Bridge Road (Route`654). County Attorney Crook arrived at 6:08 p.m. Supervisor Claud moved the Board authorize the Chairman to forward a letter to the VDOT .Resident Engineer requesting appropriate action and that- carbon copies be sent to the District Engineer and Transportation Safety Board emphasizing the County's concern about the intersection. The motion was adopted unanimously (5-0). Mr. David noted the VDOT Preallocation Hearing is scheduled for Monday, 10:00 a.m., in the Suffolk District auditorium. Mr. David further noted. eaaK 1? ~ar•186 he would provide any General Assembly members present at the Preallocation Hearing a copy of the County's 1997 Preallocation Resolution... (Note:. Resolutions were provided to each Legislator by mail). Mr. David noted crash data for Route 258 will be provided to the Board's Chairman to :include in the County's presentation. to the Commonwealth Transportation Board. Mr. David stated. in 1990 there were no fatalities on Route 258; in .1991 there was one fatality; in 1992 there. were two fatalities; in .1993 .there were two fatalities; in1994 and 1995 there were no fatalities and there were four fatalities through October 31, 1996. Supervisor. Spady requested the Director of Planning and Zoning to provide the Board with traffic count information on Route 258. Chairman Bradby called for comments .from.. the Board concerning transportation matters. Supervisor Bradshaw moved the Board direct County staff to write a letter to the Governor expressing the County's concerns with drainage and lack of VDOT staffing and Ghat the County is seeking additional funding for secondary and unimproved. roads. Staff was further directed to write the County's General Assembly legislators requesting their assistance and input, as appropriate. The motion was adopted unanimously (5-0). Regarding Route 681, County Attorney Crook. informed Henry Bell of Raynor Road that the person he brought the proceeding to have. declared dead has since appeared in his office and signed the deed. Henry Bell requested the. status of-the yellowline being. repainted on Mill Swamp Road. Mr. David replied hat he has not yet received a response from VDOT on the matter, but: that he would advise Mr. Bell when he does. // Chairman Bradby indicated the following. ,Consent .Agenda included Items 1, A through C, and asked if there were any items for removal: A. Subdivision Plat of Lot 17 at Waterford, being a subdivision of property of H. W. Roberson Company, Inc., Benns Church. Boulevard (Route. l0/258), Newport Magisterial`District B. Delinquent Real Estate. Tax Collection. Monthly. Report C. March 6,1997 Regular Meeting. Minutes. 2 1 1 11 .. , ~J eo~K ~ 17.~~:15.7 County Attorney Crook stated he has reviewed the March 6,.1997 minutes and recommends them to the Board. 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 (5-0). // Chairman Bradby called for the Community Development report. A. The application of Betty E. Pangle for a Conditional Use Permit to locate a mobile home, to be occupied by Phyllis P. Wiggins, daughter, and her immediate family, on 1.13 acres of land. located at 8382 Cut Thru Road (Route 63$) in Windsor Magisterial District. Mr. David stated the Planning Commission recommends approval of the application to the Board. .Supervisor Claud moved the Board approve the application of Betty E. Pangle. The motion was adopted unanimously (5-0). ~J 1 B. The application of David A. & Joline M. Finke for a ConditionaY Use Permit to operate a private breeding kennel on their property which contains 10.35 acres. of land. and is located at 403 Quillens Point Lane (Route 1620) in Hardy Magisterial District.. Mr. David stated the Planning Commission voted. unanimously to recommend approval to the Board with the condition that there will be no more than nineteen (19) dogs over ten (10) weeks. of age on the property at any given time and that an animal waste disposal system be installed within thirty {30) days. of the Board of Supervisors final action. Mr. David stated he has been advised by the applicants that they have installed a waste disposal system which is in .place. Supervisor Bradby moved the Board approve the application of David A. Finke and-Joline M. Finke with the conditions that there would be `no more thane nineteen (19) dogs over ten (10) weeks of age on the property at any given time and that an animal waste disposal system be installed on-site. The motion was adopted unanimously (5-0). .Regarding the Isle of Wight County Zoning Ordinance, Mr. David stated the Planning Commission discussed whether the sliding scale option-should be made more restrictive to address the issue of further subdivision of twenty-one (21}.acre parcels or whether the option should be made less restrictive to provide property owners of large tracts of unsubdivided land with the ability of creating more lots.. Mr. David further stated' the Planning Commission voted 3 eo~~ 17 ~Arr 18~ unanimously to recommend to the Board that the sliding scale option be kept in its current form. Mr. David stated there. are currently 353 properties .consisting of twenty- one (21) to twenty-nine (29) acres and. he could provide the Board with an analysis that ihustrates how many of these properties are under the twenty-one (21) acre exemption and how many just happen to be within the wenty-one .acre range. Supervisor Bradshaw, requested the Director of Planning. and Zoning provide. the .Board with an analysis of the number of lots in the County. containing twenty-one (21) acres. Regarding the Isle of Wight County Geographic Information System (GIS), the Director of Planning and Zoning. requested the .Board anticipate an .amendment. to his Department's Capital Budget line item in the amount of $17,200 due to unanticipated cost overruns.. Mr. David elaborated that. there are 1,500 additional parcels on the tax maps and insert heets than the previously provided. number of 14,600. Mr. David stated he is including a contingency of 10% because until an accurate count is determined it is difficult to know the exact number to be digitized. .Regarding the.Planning Grant for the Virginia Community Development Block Grant Program, Mr. David. stated in order to be eligible for funding a needs plan must be completed for the targeted neighborhood. In 1.997, there will be .approximately $233,000 available for the entire State for planning grants with no individual grant being above. $25,000. The Jamestown/Camptown community presents an opportunity for certain improvements, i.e., storm drainage, housing. and water improvements given the County's planned sewer and water improvements in the area. The consultant's recommendation is that a study addressing housing, storm water drainage and sewer and water improvements be completed for approximately $24,000 with the County providing a cash match of $6,000 and request a total of $18,000 in grant funds. .Supervisor Bradshaw moved. the Board direct staff to proceed with the application and that expenditures related to same be taken from the Contingency Fund. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the. following resolution: RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION FOR.. A 1997 PLANNING GRANT FROM THE VIRGINIA. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TO ACCEPT AND APPROPRIATE EIGHTEEN THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE :PROGRAM FUNDS AS ADMINISTERED BY THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 1 1 1 4 ~, ao~K 17 =Rf~~1~3~ 1 WHEREAS, financial assistance is available to units of local government through the Commonwealth of Virginia's Community. Development Block Grant (CDBG) Program for planning and preliminary design activities; and, WHEREAS, in order to receive such financial assistance it is necessary to file an application fora planning grant with the Virginia Department of Housing and Community Development; and, WHEREAS, 'the Board of Supervisors of the County of Isle of Wight, Virginia, wishes. to apply for eighteen thousand:dollars ($18,000) to be used in addressing the County .priority development needs .through the development of the Comprehensive: Community Development Study of the Jamestown/Camptown area; and, WHEREAS, the Board of Supervisors of the. County of Isle of Wight, Virginia, has appropriated six thousand dollars ($6,000) in locat funds toward the planning study fora total planning project of twenty-fourthousand doilars ($24,000). .~ NOW THEREFORE BE IT RESOLVED AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that eighteen thousand dollars ($18,000) or so much as shall be received be appropriated in the FY .1997 Operating Budget of the County of Isle of Wight, Virginia; and, BE IT FURTHER RESOLVED by the Board of Supervisors of the County of -.Isle of Wight, Virginia, that the Virginia :Department of Housing and Community Development is hereby requested to consider and fund said application and program, said program being in accord with the regulations, use. and expenditure of Planning Grant funds; and, BE IT FURTHER RESOLVED that the County .Administrator of the County of Isle of Wight, Virginia, is authorized to make the appropriate accounting adjustments for thisgrant and. to do all thingsnecessary to give this resolution effect. The motion was adopted unanimously (5-0). Mr. David presented the Board with a copy of the: proposed .1.998-2002 Capital Improvements Plan (CIP). Mr. David noted he .would proceed with advertising the matter upon direction from the. Board Mr. David provided the Board with a .copy of otlight om Virginia by the Weldon Center for Public Information concerning population estimates for the County.. Mr. David. noted as of July 1, 1996 the County's population was estimated to be 28,200. 5 Chairman Bradby called for the County Administrator's report. Supervisor Bradshaw moved the Board. adopt. the following resolution. as presented by-the County Administrator: ~~ eoo~ 1? ~a~~1~0 Chairman Bradby .called for the Public Utilities Report. E. Wayne: Rountree, P,E., Director of Public Utilities, stated he would discuss the. issue of the animal shelter with the Board later in the evening. // Chairman Bradby called forthe County Attorney's report. County Attorney Crook distributed a copy of the. deed and his letter dated March 18, .1997 regarding the City of Norfolk's. easements for water transmission , from the. Blackwater and Nottoway Rivers acquired from the United States: Government. in 1946.: County Attorney Crook stated research work is continuing in this regard. County Attorney Crook stated the architect has agreed to and signed the contract prepared by the County Attorney for a fixed fee for architectural services for the Carrollton Public Library which he recommends to the Board. Supervisor Cofer. moved. the Board approve the Agreement and authorize the Chairman to sign he fixed fee contract on behalf of the County. The motion was adopted unanimously (5-0}: County Attorney Crook ~ stated the Carrollton Baptist Church. has been paying a utility tax although churches are exempt from utility taxes. The Commissioner of Revenue has approved the refund to the Carrollton Baptist Church for the past few years, however, the Church has now submitted receipts for October, 1986 through January, 1988. The County normally does .not refund any taxes paid more than three years past, but the full amount is only: $359.24 and he would recommend the Board approve the request, stated' County ,Attorney Crook. Supervisor Spady moved the Board approve the refund of $359.24 to the .Carrollton Baptist Church. The motion was adopted. unanimously (5-0). County Attorney Crook stated he had. several matters for. executive session later in the meeting. // 1 1 1 s~ Bo~K. 17 :~f~{1~~1 RESOLUTION TO DESIGNATE APRIL 13-19,1997 BRARY EEK LJ AS NATIONAL LI W WHEREAS, public libraries provide vitally.important services to the citizens of Isle of Wight County, Virginia; and, WHEREAS, libraries provide opportunitiesfor all citizens to read and learn. through a vast array of books, magazines, video and .audio materials; and, WHEREAS, these services are provided at a very low cost through. the use' of volunteers and highly dedicated. staff; ands WHEREAS, libraries provide: a stimulus for educational growth by exposing users of all ages to all types of .literature.. and cultural events throughout the year; and, WHEREAS, the_week of April 13-19,1997 has been designated as :.National Library Week. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that April 13-19,1997, be designated and recognized. as National Library Week in Isle of Wight County. 1 The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO DESIGNATE APRIL CHILD ABUSE PREVENTION MONTH WHEREAS, the incidence of child abuse and neglect has .reached alarming proportions in the United States; and, WHEREAS, Virginia and Isle of Wight County are committed to supporting families through programs that will prevent child abuse and neglect; and, .WHEREAS, there are numerous dedicated ir-dividuals and organizations in Isle of Wight County who work daily to break the cycle of child abuse and neglect and to find families the assistance they need; and, WHEREAS, every child has a right to live rather than to exist, to be 7 ~. F eo~K 17 ~~1~,1~~2 a person rather than a possession. and to be equal with every other hunnan beings,. regardless of age; and, WHEREAS, all children: deserve .loving hugs, warm homes and tender care from parents and adults who make them feel. safe and happy and loved; and,. WHEREAS,: the month of April has: been designated as Child Abuse Prevention Month. .NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of :Supervisors of the County of Isle of Wight, Virginia that April. be designated as Child Abuse Prevention Month in Isle of Wight. County. The motion was adopted unanimously (5-0). Regarding the requests of the Rushmere Volunteer Fire Department, ..Chairman Bradby moved -the. Board approve the purchase of a Cascade air system and attendant electrical upgrade in lieu. of an upgrade to SCBA units and an additional appropriation of $1,490 from the Capital Budget Contingency Fund. The motion was adopted unanimously (5-0). County AdministratorCaskey distributedan update to the Board's agenda concerning repairs and renovations to the County's. animal control facility. Ivir. Rountree stated sixteen (16) invitations to bid were mailed. Onlytwo (2) bids were received which is indicative of the: healthy economy and the lack of interest in additional work by local contractors, stated Mr. Rountree. Supervisor Claud,. a Board representative on the Building and Grounds Committee, stated in order to satisfy all of the requirements that the. County was in non-compliance; with at the last State .inspection he would recommend the County proceed with this project by approving the work for all three items. Supervisor Spady moved the Board accept the combined low bid of all three items to be funded from the unappropriated fund balance in the amount of $55,000 with the remaining $10,000 from the Capital. Budget. The motion was adopted unanimously (5-0). Supervisor.. Spady further. moved that. the contractor will be expected to t supply the required plans for the building to the County's Building Inspector as part of this contract. The motion was adopted unanimously (5-0). County Administrator Caskey noted the County has received notification. that the Moody's Investors Service Rating Committee has upgraded the County's rating on General Obligation Bonds from A to A2. z •~ 1 1 1 8 f, 1 1 1 ~. eoo~ 1? ,~<<1~~3 Supervisor Bradshaw publicly thanked Ms. Seward and Supervisor Cofer for their efforts in this regard. Supervisor Cofer stated the Southeastern Public Service Authority, (SPSA) is requesting each community to write a letter in support of Congress revisiting waste flow control legislation. Supervisor Cofer moved the Board authorize the County. Administrator to sign and mail a letter. in support of Federal waste flow control legislation. The motion was adopted unanimously (5-0). County Administrator Casket' distributed excerpts from the report received from the State Corporation Commission (SCC) responsive to GTE South, Inc.'s application for revisions to its local exchange and long distance rates. County Administrator Casket' stated he had several matters for executive session later in the meeting. // 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 (5-0). // Chairman Bradby called for a public hearing on the following: A. General Obligation School.. Bonds.. in the Estimated Maximum Amount of $11,000,000 Chairman Bradby called for citizens to speak in favor of or in opposition to the General Obligation. School Bonds. Upon no one appearing, Chairman Bradby closed the public hearing and -called for comments from the Board. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION-AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS OF ISLE. OF WIGHT. COUNTY, VIRGINIA, IN THE MAXIMUM. PRINCIPAL AMOUNT OF $l 1,000,000 WHEREAS,: pursuant to Section 10(b) of Article VII of the Constitution of Virginia. and Section 15.1-227.40 of the Code of Wirginia of 1950, as amended (the "Code"), Isle of Wight. County, Virginia -(the "County"), has elected,. by 9 eooK 17 z~r.~1~~~ affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: L The Board of Supervisors (the "Board") of the County determines that it is advisable to .undertake various school .projects, including site acquisition, planning, design, construction, renovation, expansion, equipping and. furnishing of public schools and related facilities, and to borrow money for such purpose and issue the County's general obligation bonds therefor. 2. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1 of the Code, there are authorized to be issued and sold general obligation school bonds in the maximumprincipal amount of $11,000,000. 3. The bonds shall bear such date. or dates, mature at such time. or times .not exceeding 40 years from their date, bear interest at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times .and in such manner as the Board may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the County for the payment of principal of and premium, if any, and interest orr which its full faith and credit shall be irrevocably. pledged. 5. The Clerk of the Board, in collaboration with the County Attorney, is authorized and directed to see to the immediate .filing of a certified copy of this resolution in the Circuit Court of Isle of Wight County. 6. This resolution shall take effect immediately. The motion was .adopted unanimously (5-0). B. FY1996-97 Action Plan/HOME Investment Partnership Program Funds Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, ..stated the County has been notified by the Federal Government that it has been approved. for. funding. Because a portion of the.. County was declared a disaster area in the Fall, it may: be exempt from having to match grant .funds. Staff is .also pursuing other .alternatives with regard to projects in other localities. that will provide a regional match, stated. Mr. Robertson. ..Chairman Bradby called for citizens to speak in favor of or in opposition 10 1 1 ,. 1 ,; r( 1 1 1 to the Program. eo~~~, 17 ral~'~.~~J Upon no one appearing, Chairman Bradby closed the public .hearing and called for comments from the Board. Supervisor Cofer moved the Board approve the amended Action Plan. The motion was adopted unanimously (5-0). C. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County to Change Requirement for Conveyance of Water and. Sewer Systems From Public Service Authority to County of Isle of Wight Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed Ordinance. County Attorney Crook explained the amendment changes. the requirement for conveying the water and sewer systems to the Public Service Authority to the County of Isle of Wight and it also provides that the conveyances will be at the time of the request of the County so that the Board will have discretion on whether or not it wants to take the systems. Upon'no one appearing, Chairman Bradby closed the public. hearing and called for comments from the Board. Supervisor Claud moved the Board adopt the following. Ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE_ OF ISLE'OF WIGHT COUNTY TO CHANGE REQUIREMENTS FOR CONVEYANCE OF WATER AND SEWER SYSTEMS :FROM. PUBLIC SERVICE AUTHORITY TO COUNTY OF ISLE OF WIGHT BE IT AND IT IS HEREBY ORDAINED that the following Sections of the Subdivision Ordinance of Isle of Wight County, Virginia, be amended to read as follows: 4-4-3. Water facilities. Where public water is available, the service shall be extended to all lots within a subdivision, including fire hydrants,. by the subdivider in accordance with the design standards and specifications for water, construction and improvements in Isle of Wight County, Virginia, and meeting the approval of the agent.: .Every, subdivision containing fifteen (15) or more lots to which public water cannot or will not be provided shall be;supplied by the subdivider with a complete central water supply and :distribution system to serve. each and every lot. All water supply and distribution systems shall be constructed in accordance with the standards and specifications. of the County of Isle of Wight and upon completion will be conveyed to the County of Isle of Wight, Virginia, upon request.. 80~K 11 iAt~~~~~6 4-4-4. ~ewera~e facilities. Where public sewerage facilities are available, the service shall be extended to all lots within a subdivision and septic tanks will not be permitted. Every subdivision shall be provided by the subdivider with a satisfactory and sanitary. means. of sewage collection and disposal in accordance with the design standards and. specifications for sewerage construction and .improvements in Isle of Wight County, Virginia,. and meeting the approval of the agent.. All sewerage facilities, other than septic tanks and drainfields, upon completion, will. be conveyed to the County of Isle of Wight, Virginia. The motion was ..adopted unanimously (5-0). D. Six Year (1997-2003). Secondary Improvement Priority Plan MacFarland Neblett, Resident Engineer, Virginia Department of Transportation,. briefed the Board on the projects contained in the 1997-2003 Secondary Improvement Priority Plan. Chairman Bradby called for citizens. to speak in favor of or in opposition to the proposed Plan. Norman Holloway inquired as to the status of Pruden. Road. Mr. Neblett stated he will contact the Location Design personnel- to determine when they can stake off the curve and. proceed with obtaining the additional right-of--way. Once this is accomplished, it becomes a matter of funding and how much. money is available from the Six-Year Plan and how much money is placed on the project from revenue sharing funds, stated Mr. Neblett. Henry Bell, Raynor Road (Route 681), noted new poles are being installed along Route 681 presently and the Community Electric Cooperative should be informed of the plans for this road so that. the poles can be .located appropriately: and not have to be relocated in a -few years. Mr. Neblett stated he would contact Mr. Forester with Community Electric i s Cooperative. and discuss Route. 681 with him. Chairman Bradby closed the public hearing and called for comments from the Board. Chairman Bradby requested that Route 621 be added to the Candidate List. :Supervisor Spady moved. the Board approve the 1997-2003 Secondary Improvement Priority Plan, as revised. The motion was adopted unanimously (5- 0~. 12 :1 1 1 1 'i ,I eo~~ ~ 1? .R~:~1`~? 1 f~ 1 E. 1997-1998 Secondary Roads Construction Budget Supervisor Spady moved the Board approve and adopt the draft Isle of Wight County 1997-1998 Secondary Road System Construction Budget. The motion was adopted unanimously (5-0). F. The application of B.N.E., :Inc. for a change in zoning classification from A-1, Agricultural Limited and A-2 Agricultural General,. to Conditional M-1, Conditional Industrial General lots 5 and 26 of the C.L. Obrey land located on the. south side of Carrollton Boulevard (Route 17) at 16166 Carrollton. Boulevard and on the north side of Muddy Cove Circle (Route. 1910) at 24169 Newsome Circle in Newport Magisterial District. The purpose of the application is for office space and contractor's .equipment storage and maintenance, as conditioned.: .County Attorney Crook stated he has received a letter from the attorney for Mr. Newsome indicating that they understand and expect the application to be denied by the Board and for that reason they are not going. to appear.. They will also have the equipment removed from the property by March 21,1997. County Attorney Crook stated the Board is aware of what was: presented to the Planning Commission and as the attorney for Mr. Newsome realizes there is no .chance of this being approved so if citizens wish to speak they may, however, if they. understand this they may not want to speak. Chairman Bradby called for citizens, to speak in favor of or in opposition to the proposed application. Speaking in opposition, David Conlon stated .the residents from the. neighborhood are relieved that the Board is going to deny the application. Nine citizens. in the audience acknowledged by a show of hands their opposition to the application. Speaking in .opposition, :John Ancarrow stated residents of the area are:. concerned withpollution issues. Mr. Ancan ow stated the concern is still present that there does not seem to be a remedy to get the area. cleaned up. Supervisor Spady moved.. the Board.. deny the application of B.N.E., Inc. The motion was adopted unanimously (5-0). The Director of Planning and Zoning was directed to check-with the t Department of Environmental Quality (DEQ) and the Health Department relative to residents' concerns regarding ground. seepage. of oil and petroleum on-site. z G. The application of Leonidas, Cutehin, III for a change. in zoning.: classification from A-1, Agricultural Limited to R-A, Rural Residential. approximately one (1) acre of land located on the south 13 eooK 17::k~,..1~g side ~ of Glen Haven Drive. (Route 653) between Harvest Drive (Route 641) and See-Gar Drive (Route 613) in Windsor Magisterial District. The purpose . of the application is for a single family dwelling lot. .Chairman Bradby called-for citizens to speak in favor of or in opposition to the proposed application. Catherine Cutchin spoke on behalf of the applicant. Supervisor Bradshaw :moved the Board approve the application of Leonidas Cutchin,_III. The motion was adopted unanimously (5-0). H. The application of E. Carson Whitley, Jr. and Margaret Whitley for a change in zoning classification from. M-2, Industrial General to C- 'M 1, Conditional Industrial Limited, approximately one (1) acre of land located on the south side of Carrsville Highway and west side of Carver Road (Route 1603) in Windsor Magisterial District. The purpose of the application is for industrial uses: as conditioned. Chairman. Bradby called for citizens to speak irr favor of or in opposition to-the application. Upon no one appearing, Chairman Bradby closed the public hearing and called for comments fromthe Board. Supervisor Bradshaw moved the Board approve the application of E. Carson. Whitley, Jr., as conditioned. The motion was adopted unanimously (5-Q). Supervisor Bradshaw stated Mr. Whitley assumed: he was previously operating under approved conditions by the County and moved the Board waive the rezoning fee as the problems incurred previously by the applicant .were not entirely the. applicant's fault.. County Attorney Crook explained the Whitleys asked for the rezoning years ago fora .similar use, i.e:, a radiator shop, and now it is .being changed to automobile repair. These two uses both require M-1 zoning.. However, they were given M-2 zoning at that time, so there was an error made on the part of the County rather than the applicant. County .Attorney. Crook stated Mr. Whitley should have received a M-1 zoning. at that time and Mr. Whitley should not have to come back and .get another zoning for a similar use .that would have been allowed under M-1 zoning. The .Board then unanimously adopted. Mr. Bradshaw's motion (5-0). I. The application of Jimmy C. Hodges for a change in zoning classification from A-l, Agricultural Limited to C-M1, Conditional .. r, 1 1 14 ,.. ~1 1 BOCK 11 raC~~~1~~ Industrial Limited, .25 acre of land located at 20220 Water front Lane which is located off Reynolds Drive (Route 665).in Newport. Magisterial District.. The purpose of the application is for storage and maintenance of his contractor's equipment, as conditioned. (Tabled 1/16/97 and 2/20/97). Chairman Bradby called .for citizens to speak in favor of or in opposition to the application. Upon no one. appearing, Chairman Bradby closed the public hearing. Supervisor Spady noted the applicant is out of town and he has spoken with the neighbors who believe these conditions will remedy the situation. Supervisor Spady moved the Board accept the proffered conditions as submitted in writing by the applicant prior to this public hearing. The motion was adopted unanimously (5-0). // Chairman Bradby called for Old Business. Supervisor Bradshaw noted the Personnel Committee- had met yesterday with the Constitutional Officers relative to .the Fay and Compensation Plan.. Supervisor Bradshaw stated the Committee will continue to keep the Board apprised of their progress.. County Attorney Crook stated he .has received .from the. City Attorney for: Franklin the revised sewage treatment contract with the City of Franklin and"he requested the Director of Public Utilities provide his comments and he will have the matter for the Board's consideration at its April, 199Tmeeting. // Chairman Bradby called. for New Business. There was no new business offered by the Board... // Chairman Bradby called for Appointments. There were no appointments offered by the Board. // County Administrator Caskey requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act concerning advice. of counsel 15 80~~ 1.7 ~Mr.,•2UU relative to potential litigationand under Section 2.1-344 Al concerning two personnel matters. Supervisor Bradshaw moved the Board enter. executive session for the reasons stated by County .Administrator Caskey. The motion was adopted unanimously (5-0). Returning to open session, Supervisor Cofer moved the Board adopt the .following resolution: .CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344...1A of the Code of Virginia. requires a certification by ' this .Board of Supervisors that such executive meeting was- conducted in conformity with Virginia law; NOW, THEREFORE, BE 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 o which this certification resolution applies, and (ii) only such public business matters as were identified. in the motion. convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 • ABSENT. DURING MEETING; 0 The motion was adopted unanimously (5-0). Supervisor. Cofer moved the Board authorize the .advertisement of a public hearing on the School Board budget for the Board's April 17, 1997 meeting. The ..motion was adopted unanimously (5-0). eoeK ~ 1? ~Rr:~2U1 Supervisor. Cofer moved the Board continue .its meeting: to March 27, 1997 at 9:30 a.m. at the Lighthouse at Smithfield Station. The motion was adopted unanimously (5-0). , Henry. H. Bradby, Chairman 17 -