03-20-1997 Regular Meeting...
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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
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- was delivered by Chairman Bradby.
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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.
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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.
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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.
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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.
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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).
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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).
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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
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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
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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).
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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.
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Chairman Bradby called for the County Administrator's report.
Supervisor Bradshaw moved the Board. adopt. the following resolution. as
presented by-the County Administrator:
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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.
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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.
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RESOLUTION TO DESIGNATE APRIL 13-19,1997
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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.
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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
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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.
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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.
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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).
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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
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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
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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..
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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
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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-
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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
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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
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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).
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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.
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Chairman Bradby called. for New Business.
There was no new business offered by the Board...
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Chairman Bradby called for Appointments.
There were no appointments offered by the Board.
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County Administrator Caskey requested an executive session under Section
2.1-344 A7 of the Freedom of Information Act concerning advice. of counsel
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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).
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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
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