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10-21-2004 Regular Meeting9a~~ 22 =~~620 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 6:00 p.m. .~ // Supervisor MacManus delivered the invocation.. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. The County Attorney requested. that the following amendments be made to the agenda: Under Item (6), County Administrator's report, add an. additional item:' pertaining to the .consideration of bids .for a .contract to .provide furnishings for the new.Administration Building; Under Item (9.A), Public Hearings, County Attorney. Stroman will be asking for a motion from the Board to postpone the public hearing for the Animal Control Ordinance until the Board's November 18, 2004 meeting; Under Item (10), Closed Meeting, a matter concerning acquisition of real estate where discussion. in public session would jeopardize the bargaining position of the Board; a matter concerning probable litigation involving the illegal creation of lots and violation of conditional zoning; a matter relating. to legal. advice with respect to land acquisition and purchase of development rights; and, a matter relating to legal advice regarding proffers. Supervisor. Bradshaw moved. that the Board approve the .agenda, as amended. The motion. was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 1 1 1 ,,~...~.:..~~.... _ . _ . _ _ _ .~ _ _ . _ .~ .._ _, v._ _ ......, __~... _ ~~9~:. 1 n II BOOK ~~rp^.•'~~~, // Chairman Clark .indicated- the Consent Agenda included the. following.. items: A. A Resolution Urging Immediate General Assembly .Action to Address the Commonwealth of Virginia's Transportation Crisis B. Carrsville Volunteer Fire Department Ladder Truck Purchase G Resolution to Appropriate Revenue Sharing Funds from the General Fund Reserve Fund Balance D. Resolution to Accept and Appropriate Grant Funds from the. Virginia. Department of Technology Planning for E-911 Wireless Services E. Resolution. to Authorize Disbursement of Up to Five-Hundred Eight Thousand One Hundred Four Dollars from the Capital Budget to the Industrial Development Authority for the Completion of the Shirley T. Holland Commerce Park -Phase II Construction Project F. Resolution to Appropriate One Hundred Eight Thousand Seven Hundred Sixty Three Dollars from the Unappropriated Fund Balance to the School Operating Fund G. .Extension Request by Habitat for Humanity H. DEQ/Public Notice dated October 4, 2004 L Preliminary Subdivision Plat of Eagle Harbor, Tract 2, Phase SB, property of Eagle Harbor LLC, Carrollton Boulevard (Rt. 17), Newport Magisterial District J. Preliminary Subdivision Plat of Eagle Harbor, Tract 2, Phase 6, property of Eagle Harbor LLC, Carrollton Boulevard (Rt. 17), Newport Magisterial District K. Subdivision Plat of Founder's Pointe, Phase. 2, Sugar Hill Road, Rt. b6I, Newport Magisterial District L. Delinquent Real Estate Tax Collection Monthly Report M. October 17, 2002 Regular Meeting Minutes Chairman. Clark. asked if there were any items for removal. 2 9oeK 22 >,...5%~ .... Chairman Clark requested Items (F), (G) and (H) be removed from the Consent Agenda. Supervisor MacManus requested Items (I), (J) and (K) be removed from the Consent Agenda.... Supervisor MacManus moved than the Board adopt Items (A) through (E) and Items (L) through (M) on the Consent Agenda. ~ The .motion ~-r-as adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (I), Preliminary Subdivision Plat of Eagle Harbor, Tract 2, Phase SB,. property of Eagle Harbor LLC, Carrollton Boulevard (Rt. 17), Newport Magisterial District, and Item (J), Preliminary Subdivision. Plat of Eagle Harbor, Tract 2, Phase 6, property of Eagle Harbor LLC, Carrollton Boulevard {Rt. 17), .Newport Magisterial District, Supervisor MacManus inquired if the 30 foot buffer went to the wetlands, and does not meet the criteria. He inquired what. the purpose is, and what the obligation of the County is, for each of the cul-de-sacs which have a drainage easement in the center. Jonathan W. Hartley, Director of Planning and Zoning, noted the 30 foot buffer shown adjacent to the wetlands in Item (I) are wetland buffers that are required by the Army Corps of Engineers. He noted that the wetlands are non-tidal, and not recognized by Chesapeake Bay Local Assistance Department. Mr. Hartley stated with respect to the eul-de-sacs .that contain a drainage easement in the center, he understands these are landscaped areas that will be dedicated and maintained by the Homeowner's Association. Sandon Rogers, Transportation Planner, explained that. the utilities easement would allow work on the utilities within that cul-de-sac. Supervisor MacManus noted that the report indicated that the drainage easement will be dedicated to the County. Chairman Clark noted .that. he has received numerous telephone .calls from residents outside. of the Eagle Harbor area expressing concerns with regard to .topography and drainage impacts.. He recommended that the Director of Planning and Zoning, the Transportation Planner and the Assistant County Administrator/Development meet to discuss the particulars and report back to the Board on the issues at its next meeting.. Supervisor MacManus recommended that the County Attorney also be involved in the meeting to address any legal obligations of the County. He 3 1 1 1 ,. ..~u, ~: .r..,, .~...~,... ~„,,~~ ~ ...y,.:...._. _ _ . _ r ~ . p . _ i~ n 1 t ~~~r 2? ..F~,~ recalled that the Board had previously discussed. its concern about future drainage easements becoming obligations of the County. Chairman Clark moved that the Board table consideration of Items (I) and (J) until the Board's November 4, 2004 meeting. Staff, in the meantime, is to confer regarding the potential impacts to the County concerning the drainage.. easement and the utility easement to determine. if there are any adverse effects to -the County by taking on those responsibilities. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . Withrespect to .Item (K), Subdivision Plat of Founder's Pointe, Phase 2, Sugar Hill Road, Rt. 661, Newport Magisterial .District, Chairman Clark addressed the issue of the Batten grave not being properly designated on the plat. and adequately preserved at the site. He wanted assurance that the grave wily be properly designated on the plat, and that it will. also be protected from any future disturbance. County Administrator Caskey reminded the Board that the final. plat has to come back to the Board for approval, and any .issues that have been raised should be addressed by that time. Supervisor ;VlacManus inquired about the type of wetlands found in a number of the lots.. He made reference to lots 145 and 151 on page 9; lot 247 on page 13; lot 25l on page 16; lot 219 on page 20; and, lots 236 and 229 on page 21, which. are close to the buffer.. He expressed concern. that -the preliminary plat illustrates therb are lots for sale by the developer that may not be buildable. Mr. Hartley replied there are both Army Corps of Engineers and Chesapeake Bay Local Assistance Department wetlands in this section. He .noted that the homeowners will not be allowed to build within .the 30 foot buffer from the wetlands. He noted that each lot will have to demonstrate that it has a sufficient building envelope in order for a home to be built on it. He stated the. County does not have any jurisdiction over the 30-foot buffers, and any exceptions or variance would have to be granted by the. Corps of Engineers. -Chairman Clark moved the Board table consideration of .the matter until the Board's November 4, 2004 meeting for clarification with regard to designation of the Batten grave on the plat, and the issues related to ensuring that the grave. is protected at the site... The motion was. adopted. by-a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (F), Resolution to Appropriate One Hundred Eight. Thousand Seven Hundred Sixty Three Dollars from the Unappropriated Fund 4 . _.._ eoaK 22:~r~s~,~ Balance to the School Operating Fund,. Supervisor Bradshaw moved .that the Board direct Ms. Seward to prepare a revised budget for the- School Administration, illustrating the new budget, as approved by the Board as of this date. This information should be included in the Consent Agenda for the Board's November 4, 2004 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (H), DEQ/Public Notice dated October. 4, 2004, Chairman Clark requested further clarification. E. Wayne Rountree, P.E., Assistant County Administrator/Development, explained that. C&P Water Company has a reverse osmosis treatment system in the Ashby Subdivision, and the water quality from that process is better than the water quality that. goes into the stream, which. is why it is allowed to be discharged with no treatment. i With respect to Items (F), (G) and (H), Chairman .Clark moved the Board approve Items (F) and (G) and accept Item (H). The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . ~~ Chairman Clark called for Transportation Matters. Supervisor Bradshaw requested a status report on .whether Dukes Lane has been officially taken into the State's system. Mr. Joe Lomax advised Supervisor Bradshaw that while VDOT is waiting for a project number to be assigned, the roadway. has officially been taken into the State's system. He stated with respect to the shifting of the road, he expects the project to be more expensive because of the new ground. Supervisor Bradshaw .noted that the roadway has: been there for many years, and that he would like to meet with. Mr. Lomax- to further discuss whether this request is being made out of necessity or for safety reasons. Mr. Rogers noted that after the right-of--way is staked, he will meet with the appropriate school personnel and show them where the buses can turn around. Supervisor Bradshaw, inquired about the status of Whispering .Pines Road and the Verizon lines. Mr. Lomax advised that he had recently. met with Ms. Lee, and a Verizon representative has promised to have the telephone line relocated to 5 1 iii 1 e~oK 2~ ~~~.~~~ ensure that.- it is not damaged in the future by VDOT during grading operations. He noted that Ms. Lee is interested in reducing the speed limit to 25 mph, and .that he is in the process of obtaining a letter from the Sheriff in support of that request. He noted .this should suffice to get. a speed study performed. C 1 Supervisor Bradshaw inquired about the status of Ballard Road with respect to culverts and Verizon telephone lines being damaged. Mr. Lomax advised that he would follow up with his Maintenance Manager and that he would advise Supervisor Bradshaw by email. or telephone with regard to the. status of the culverts: and the destruction of Verizon lines. Supervisor MacManus congratulated Mr. Lomax on the completion of the Rescue Bridge. .Supervisor MacManus requested the status of the Board's request for a study on Four Square Road. Mr. Lomax .noted that he would attempt to provide Supervisor MacManus with a copy of his report. prior to the meeting between County . staff and Ms.' Sorrell on October 28, 2004. He noted with respect to the issue of mismanagement, this is not in his realm to determine, Supervisor Bradshaw noted that it was his objective that. VDOT provide .additional funds to the County as a result of the $1.4 million dollar overrun. He stated that the magnitude of the cost overrun on this project has been devastating to the County. He noted the .County has had two (2) projects -with large. cost overruns occur within the last ten (10) years, and it is hard to recover from this. 6 Supervisor Bradshaw inquired about the status of Duck Town Road.. Mr. Lomax advised that VDOT did not receive any response on bids, and that he is in the process of determining what deterred contractors from. bidding on this project. Supervisor Bradshaw inquired about the status of Blackwater Road and whether or not this project is still within budget. Mr. Lomax advised Supervisor Bradshaw that VDOT is within budget on this project, although the paved .ditch was deleted and fill was-used instead of stone for the humpback in the roadway. He noted that VDOT is within the 10% contingency, and all that remains to be done is the surface pavement and the curb and gutter in front of the church. He offered to .provide Supervisor Bradshaw with his most current write-up from the inspector. Bo_nK ~2 ~~.^~s~s Mr. Lomax offered to forward Supervisor Bradshaw's message to the VDOT District Administrator. Supervisor Wright noted that Poor House Road. is in desperate need of regrading.. Mr. Lomax advised .Supervisor Wright that he would address the need ` for grading on Poor House Road with VDOT's Maintenance Superintendent. Teresa Johnson of Carrollton notified the Board that Sugar Hill Road is in need of wider shoulders; that a~ mailbox was damaged and the. mailman is having a difficult time delivering the mail due to the four (4) inch drop-off and lack of shoulder; that there is a three (3) foot drop-off of asphalt into a ditch across the street from Founders Pointe; that many of the drains are not functioning properly; .that there is a fire hydrant located in the middle of a driveway; and, that the contractors have damaged the ditch at Bayview Boulevard and Sugar Hill Road where they turn their trucks around. . Mr. Lomax. advised that VDOT has requested the contractor to mitigate the drop-off area by using some sort of delineators, such as striping the road. Chairman Clark notified Mr. Lomax that there is .an outfall ditch across .from Brogan Lane that is in need of cleaning. Ed Easter -who resides on Hideaway Lane notified the Board of his and several other landowners' past efforts to maintain Yellow Rock Road. He mentioned that he had reported to the Sheriff s Off ce on several occasions where motorists have caused damage to that roadway, and that the residents of .Hideaway Lane seem to be responsible for maintenance of both. Macklesfield and Yellow Rock Road. Supervisor Bradshaw moved that the Board discuss Mr. Easter's concerns further under Old .Business. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Wright voting. in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Citizen's Comments. Albert Burckard of Titus Paint in the Newport District reported on the Isle of Wight Historical Society's efforts on the archeological survey and the Gravesite Survey Task Force, He noted of the fifty-three (53) cemeteries visited, the Task Force has. reviewed. a total of 10,000 markers to date, which exceeds the Department of Historic Resources' estimate, and he anticipates -there are several more thousand remaining to be done. // 7 1 eocx 22 ; ~,,,~ ~~ Chairman Clark called for the County Attorney's report. County .Attorney Sfroman presented a proposed Tower Lease Agreement with ATG Investments, L.L,P. in connection with the upgrade of the County's emergency communications system, which he has approved as to form and recommends. Supervisor Wright moved .that. the Board authorize the Chairman to execute the Tower Lease Agreement with ATG Investments, L.L,P. on behalf of the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman .presented a proposed Debarment Policy to prevent contractors who are guilty of serious breaches of contract, serious defective work, and a variety of other conditions :from continuing to perform work for the County.. He .advised this Policy would provide the Board the ability to make that decision, and would significantly strengthen the County's Central Purchasing Policy. He stated this Policy would allow the County to avoid a situation where someone is allowed to bid, but is not a responsible bidder. Supervisor Wright moved that the Board adopt the Debarment Policy,. as recommended by the County .Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . County Attorney Stroman noted that the following matters would be discussed later during the Closed Meeting: Under Section 2.2-3711.A.3 a matter concerning the acquisition of zeal estate where discussion in public session would jeopardize. the bargaining position of the Board; under Section 2.2-3711.A.7 a matter concerning probable litigation involving the illegal creation. of lots in violation of .conditional zoning; under Section 2.2- 3711.A.6 smatter relating to legal advice with.respect to land acquisition and purchase of development rights; and, .under Section 2.2-3711.A.7 a matter relating to legal advice regarding proffers. // Chairman Clark. called for the :County Administrator's report. _~ Donald T. Robertson, Assistant County Administrator/Operations updated the Board on the HOME. funding process. He stated the Consortium discussed today the best method for proceeding with regard to the restoration of the HUD funding. He stated HUD has indicated that it is not interested in meeting with the Consortium to discuss the particulars, and has indicated that it wants to see the funds that have already been allocated to the Consortium $; .~ _,_ aoex 22 ;.~;,~s~$ spent as quickly as possible. He stated County staff has a plan to spend down the funds allocated, even beyond what is required at this point._ He stated in order for. the program to move forward, it is necessary to get the Program Administrator on board.. He stated he should have the contract soon, and. he would be forwarding it to the County Attorney for inclusion in the Board's agenda at its November 4, 2004 meeting. He noted once this is complete, it will allow staff to move forward with some of the scattered housngprojects that are on awaiting list. He noted there is a Community Development Block Grant (CDBG) project that staff is working on in conjunction with the Town. of Windsor, which will utilize. a significant portion of the remaining funds available. // Noting the .time of 7:00 p.m., Supervisor .Bradshaw moved the Board amend the regular ~ order of the agenda in order to conduct. the .public hearings.. The motion was adopted unanimously (5-0). // Chairman Clark called for a public hearing on the following: A. An Ordinance to .Amend. Chapter 3, Animals and Fowl, Article I, In General, Article II, Dogs and Cats, and Article III, Nuisance Animals and Hybrid Canines County Attorney Stroman noted as a result of non-compliance with notice provisions pursuant to Code of Virginia Section 15.2-1427, he would ask for a motion to postpone .the public hearing until the Board's November 18, 2004 meeting. 4. ;~ Supervisor Bradshaw .moved the Board approve the. request of the County Attorney to reschedule the public hearing, and direct his office to advertise it for the Board's November 18, 2004. The. motion was adopted by ; a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion.. Chairman Clark called for a public hearing on the following: B. The application of the Trustees of Smithfield Elk Lodge No. 65 for a Conditional Use Permit to permit the use of the property as an Elk Lodge for a meeting .place to hold Elk's functions -and community activities on four (4) acres of land zoned Rural Agricultural Conservation (RAC) located on the west side of Blount's Corner Road (Rt. 674) east of Old Stage Highway (Rt. 10) in the Hardy Election District. 9 ~, ,~~~.~..:d,.~,.~,.~,,. .,. ~ ,..__. _.__ , _. u~,~.~..., _ _ _ .. .~.x,.. ~ ~~,U ~_ _:__ _ ._~.~ ~....~. ~.. ~~. eo~K 22 r =:~~'~e~ ~... ,,, Mr. Hartley brought to the Board's attention that he had distributed to .the Board members prior to the meeting. a letter from the Superintendent of Schools dated October 18, 2004; a letter from James W. and Juliet D. Carneal dated October 18, 2004; and, a packet of letters from Terry B. Williams, Miles A. and Dorothy L. Blount; Vicky R. Blount; Miles A. Blount, II and Allen G. Blount; Randy and Angel Brown; and, Margaret and Bob Harris. Chairman Clark noted that he had. received a letter from Diana Morris and Terry N. Ringler. He further noted that any emails received that are not .referenced above would be incorporated into the record: of the meeting. Chairman Clark called for persons to speak in favor of, or in opposition to the proposed application. 1 1 Herman Jones of 8500 Blount's Corner Road in Smithfield briefed the Board on the past history of Smithfield Elk Lodge #65. He noted that organization would becelebrating its 100`" year anniversary .next year.. He stated all of the buildings at Wharf's Hill were owned by that .organization until the late 1970's. He noted a church is located approximately four (4) feet from the current Elk Lodge in Smithfield, and only a few. incidents have occurred. He noted that the Lodge has many functions. within the community, to include providing a place for the Boy and Cub Scouts to meet. He stated with respect to the comments relative to churches, the Lodge has rented to certain churches that have held bible .studies on Wednesday and church services the following Sunday.. He stated .the Lodge has also functioned as a church .for .over seven (7) yearn by a church in the .community. He stated with respect tothe concern voiced about alcohol, any events desiring to have alcohol served would have to be approved by the Alcohol Beverage. Control Board (ABC),. and such event would be held after school hours. He stated with respect to the concerns relative to traffic, VDOT has advised that a traffic study would not be necessary and it believes traffic would not be impacted. He noted that there are only 12 families located on Blount's Corner :Road, and the remaining residents. that complained. at the Planning Commission meeting lived. on Route b73 and further down. He stated he has lived in this neighborhood his entire life, and he does not anticipate any problems occurring. He noted that the Lodge has .been agood neighbor in the past- and plan to be good neighbors in the .future. He presented a petition. containing the names. of 206 individuals in favor of the Smithfield Elk Lodge. Mayor James Chapman, member of the Smithfield Elk Lodge #65 for 50 years, stated the Lodge .has' made donations to the Department of Social .Services, the Smithfield Branch of the .Isle of Wight County Library, and opened its doors to anyone who wanted. to stay at the Lodge during. Hurricane Isabel. He explained that the current Lodge has no air conditioning, and that any noise associated with the Lodge was due to dances that were held during the summer. He stated the new building would have air conditioning and ~ a"r ~~ ~ ~'~ ~~ noise .would not be a problem. He stated that the Elk Lodge in .Windsor. has never had a problem, and he did not anticipate any problems with this Lodge. Allie Peoples of 13363 .Courthouse Highway in Smithfield, a member of the organization for 40 years, stated the Lodge has not had. any problems in the past and anticipates. continuing to be good neighbors in the community. He stated the Lodge supports education, and supports the youth, as well. as the entire community. He noted that many of the present members are elderly, and can not .climb .the steps to the second floor... He noted that the building is also not handicapped accessible, and the Lodge is desirous of having a place that will be capable of serving all people. Theron Blount of 9074 Blount's Corner Road, adjoining property owner, noted that he has been a member of the Lodge for many years. He stated the County's Comprehensive Plan encourages this type of building at that location which can be used in disaster situations as a distribution center _ or as a voting place.. He stated with the exception of five (5) individuals, everyone who spoke against the application at the Planning Commission meeting all lived beyond the Lodge's property. He offered for the school to use the Elk Lodge's property when additional parking.spaces are needed. He stated the. new building should be soundproofed, providing. a noise free atmosphere for the community. He stated there are a number of persons who have already expressed an interest in using the new building, and. this would be a chance to bring activities back home that would otherwise have to go elsewhere when The Smithfield Center and .the school facilities are already. booked. Ashton Gatewood of 9318 Jenkins Lane in Smithfield presented a petition containing the signatures of 90% of the residents in the Thomas Park area who are in favor of the application. Mannie H,. Wise of 16234 Smithfield Heights Drive in Smithfield noted she was in support of the application as this type of organization is much needed in the community, and the building could be utilized for many purposes. Miles Blount. of 14040 Ponderosa. Lane in Carrollton .noted he is a property owner at 9146 Blount's Corner Road, and he is opposed to the application because this type of building does not belong in a residential area. He noted that petitions and 66 pieces of correspondence were presented at the Planning Commission in opposition to the application. He noted he is in opposition because the property adjoins the. property at Hardy Elementary School, which is a drug-free zone; this location is next to, and surrounded by, single-family residences; a church is located in close .proximity to the proposed site;. alcoholic beverages could be made available for consumption with undesirable neighborhood consequences. He stated the residents in the neighborhood are elderly,. and have spent their lives working to pay. for their homes, only to see a proposed Lodge apply to come in and lower their 11 - _ .. _ ,~,t~.,~ .~>.~_~ ~~ ~ r.. .~_~_~~. ,T~.~.a- - . . ~~~ . 1 1 80~~ ~~ h~,6,32 property values by at .least 50% once- the building is built on the premises.. He stated this neighborhood was adversely affected once before by the building of a club, or lodge, in their community, which eventually was closed and is now an eyesore. He stated the increased .traffic will adversely impact the -small rural Blount's Corner Road, and higher noise pollution levels will occur, primarily at night. and on weekends when these residents are trying to get their rest. He stated he is not sure if there is such a thing as a soundproof building, and additional police may be needed to patrol the area .during certain events. He stated that some of the functions held in the current Elk Lodge have .incurred problems, requiring the. attention of the .police. He stated this is a quite. community, and he is confident there are other locations in the County:: that. would much better serve the Elk Lodge .and the community. Jacqueline Bright of 17237 Days Point Road in Smithfield commented that when the property was acquired in 1984. it may have been suitable for the location of an Elk Lodge; .however, this is 2004 and that area now contains a large neighborhood. She stated Blount's Corner Road is a two (2) lane heavily traveled road`and is the primary entrance to every neighborhood back to the James River Bridge. She stated she ran an ad in the newspaper soliciting citizens to speak against the application, and she does not believe the Lodge will be compatible with the surrounding neighborhood. John Beale of 8501 Blount's Corner Road .noted that the Planning Commission voted to recommend denial of the. application to the Board of Supervisors. He noted that there are more residents along Blount's Corner Road that are opposed to the application than those in favor of the Lodge. He stated the Lodge is dot compatible with the surrounding neighborhood. Michelle Jones of 3l Gurwen Drive brought to the attention of the. Board that the people who signed the petition in favor could not possibly all live in the 20 homes. on Blount's Corner Road. .She noted there would be weddings, dances and bingo held in the building, and the road is narrow and does not have a shoulder. She expressed concern with the noise traveling towards her home, and she indicated that she had invested a lot of money in her property,, which is zoned a rural residential area. Jane Beale of 8501 Blount's Corner Road objected to the size of the proposed building. She noted there are. no homes close by that .are close in comparison with the size. of .building proposed, and: it would overpower the homes located close by: Sheriff C. W. Phelps of 371 Eagle Nest noted that he travels Blount's Corner Road daily. He noted that he disagrees with VDOT's .decision. not to require a traffic impact study. He noted that. he has personally come. off of Route 10 at Blount's Corner Road at a speed of 55 mph, and there is no shoulder along this roadway. He noted that Smithfield Packing is located in close proximity to the proposed site, as well as Monette Information Systems. 12 9o~k 22 >,;,^rb';3~ He objected to the location of an Elk Lodge. being that close to an intersection on a small road which could present a dangerous situation.. He commented that he would like to see VDOT perform a traffic impact study. William Faulkner of 18410 Day's Point Road noted he has lived in that area for the last six (6) months and enjoys living in the rural atmosphere. He stated that the roadway is not able to handle extra traffic; there is a school x facility close by; and, anew Elk Lodge might be good for the community, but not where it is proposed now. Martha Gromlich of 9111 Blount's Corner Road commented that a goal of the Board for community character and design is "to integrate existing and future development forms in a ,cohesive manner that creates distinct and attractively built environmerits with a sense of community and neighborhood in appropriate locations and protects rural character." She noted that the Elk Lodge building would not enhance the community, nor is it an appropriate: location. .She stated it is cost prohibitive to completely soundproof the . building due to the acoustic technology required. She stated the building site plans identified only 48 parking spaces. She stated the .location. will be responsible for. hosting numerous large events,. such as a rotating State Elks Convention, which typically runs from a Friday morning, late into the nights until the following Wednesday. She noted State .conventions. have the potential for a conservative estimate of 100 vehicles, and she is unclear where the additional parking will be located. She noted that the Board's Mission Statement is to serve the County with a provision. for enhancement of quality of life for all citizens. She noted that if the Elk Lodge is built at this location, some residents will not be able and can not afford to move. She noted another goal of the County is "to provide residential neighborhoods that offer a var-iety of housing densities, types, sizes, cost and locations to accommodate existing and future needs." She requested the Board to deny .the application. Jan Baker of 171.11 Days Point Road objected primarily to the close proximity of the proposed Elk Lodge to the Hardy Elementary School. She noted as a public school teacher, she is ready to relax when she goes home. Richard Gromlich of 9111 Blount's Corner Road stated his concern is primarily with normal Elk Lodge activities, specifically that Elk Lodge members can bring their own alcohol and store it in a locker within the building, and that a license or permit is not. required. He stated if the Elk ` Lodge events ever became a problem in the community, the County- would have no recourse as there is no license or permit. to revoke. He noted having the Elk Lodge built at its proposed location is going to be similar to having a bar or nightclub down the street from him that no one has any control over.... Joseph L. Burns, Jr. of 9141 Blount's Corner Road, stated he is a senior citizen on a fixed income who has lived in his home for the last 26 years. He 13 1 1 1 1 1 noted his property value will decrease by 50% upon the erection of the Elk Lodge, and he is against the application. Miles Blount of 9146 Blount's Corner Road, adjoining property owner, stated the parking area for the proposed Lodge will be located only. 80 feet from his residence. He noted concern with noise, and requested that the Board deny the application. Sherry .Crocker of 50 .Days Point Lane commented that she travels down Blount's Corner Road which is a dangerous. She noted that her son will obtain his License in two (2) weeks, and he is. not experienced enough to come to a dead stop. after traveling along at 55 mph. She. requested the Board deny the application. Dorothy Blount of 9146 Blount's Corner Road and adjoining property 'owner, noted she. lives approximately 80 feet from the proposed site. She noted that she has worked hard: throughout her lifetime, and now she is retired and wants to live in peace and quiet in her home. She stated that she is a former- Elks member, and she would be happy to enlighten the Board on what the Elks members do. Robert Hill of 43 Gurwen Drive stated that he travels daily. through this area, which is a residential community. He stated zoning laws are to protect inappropriate. businesses or ...buildings from being built in residential communities. He requested the. Board deny the application. Chairman Clark closed the public hearing and called. for comments from the Board. Chairman Clark asked Ms. Baker what her perspective is with any harm this establishment will cause if built in such close proximity to the Hardy Elementary School. if alcohol is not served during school hours. Ms. Baker .expressed concern with the facility being located next to ,the playground. She noted that some of the events will not be held on the weekends, and that she did not believe it is appropriate for this building to be .located within a certain distance of a drug-free area. Chairman Clark asked Mr. Jones how many people are members of the Smithfield Elk Lodge #6S. Mr. Jones replied 60 members, and there have been only one (1) or two (2) incidents in which the police were contacted during the 99 years the Elk Lodge has been in existence. Chairman Clark. inquired how .often events were scheduled in the evening at the present location. 14 ,, -.,~ - ..v,~~xr~~.~~.n+~.~rve,-. t . , w. .~. ~ .. r,.~ _,.. - -.,,i.- . __w.- _ ... .r- ..o-~ ..y... » , .. .wv._. ; ~~.wti~^:..,-m:,ti.;.M.+,n_.~,~ ~.... w+.nawxw+.si~.~.tew..nz~gr~-:rtr~ Mr. Jones stated .the events would begin at 9:00 p.m. and end at 1:00 a.m., and will be held on Fridays and Saturdays. He stated the Elk Lodge is considering holding bingo games once a week if the new .building. is approved, which will. be held from 9:00 p.m. until 11:00 p.m. Chairman Clark inquired if alcohol is served at the Elk Lodge presently.. Mr. Jones noted that all persons renting the Lodge for events are responsible for obtaining their own ABC permits if they .wish to serve alcohol. Supervisor Wright inquired if the members have lockers at the present location to store their personal liquor. Mr. Jones replied members have a private area. that is locked and .not made available. to the public wherein members. store their personal liquor. Supervisor Bradshaw commented that the ABC Board has strict regulations that must be followed. He .asked. Mr. Jones if the. Elk Lodge .regulations are in compliance with the ABC Board.. Mr. Jones replied "yes." Chairman Clark inquired if thee. Smithfield Elk Lodge- has ever held a state convention at its facility. Mr. Janes replied that he was doubtful a State convention .would be held in .Smithfield because of inadequate supply of hotel rooms in the surrounding area. He stated the Elk. Lodge could possible hold a meeting on a Sunday evening, consisting of approximately 20 people. Supervisor Bradshaw inquired how many. vehicles would be in attendance on an average for events planned on Friday and Saturday nights. Mr. Jones stated approximately 20 vehicles on a .meeting night, but there could be more vehicles present at social functions. Supervisor MacManus requested clarification on the applicant only being required to have 42 spaces, even though there are 60 members, :and even though the applicant acknowledges that there could be a larger. membership than the number of parking spaces. Mr. Hartley advised that the number. of spaces required is based upon the square footage of the building, not the number of members. He reminded the Board that this is a Conditional Use Permit, and the Board. could impose any conditions it wished. 15 ,,,~.~:.~.~T..~.~~.~... m.: _ _ _ , _ _ , .. .. .., ~ _... _ .._ .. ..:. ._ .... _ ..... ~ ..,... _. n~.,_ 1 1 ~ooK ~2 :~.,.E3a Supervisor MacManus asked Mr. Jones if the Lodge could still function in that facility if the Board placed a condition on the application that there could be no more cars than the 43 spaces. He noted a concern of those , in opposition to the application is that the road is narrow. Mr. Jones noted a condition of only 43 cars would pose difficult for the Lodge. He noted that.. additional parking could be accommodated in the rear of the facility. Mr. Hartley stated: an option would be to require overflow parking on- site of a volume based upon. the building code capacity of the building. He noted that the only. areas that require paved parking lots in this area are operations that are five (5}more days per week.. He stated if the applicant is intending to create overflow parking that is located on the .grass, that the applicant ensure that abase is laid to support the vehicles. Supervisor Bradshaw noted that the parking lot is located very close to the road. Mr. Hartley advised that the property is not located in the Highway. Corridor Overlay District and there are no design standards that apply. He noted that while staff is concerned with the parking issue .during special events, he does not have. any conceptual concerns as it meets he County's .criteria. He stated if the Board approves the application, the applicants will -have to submit a detailed engineering site plan. Supervisor Wright noted using an zstimate of 2.6 persons per car, .there could potentially be 175 cars traveling that roadway and parked at the Elk ..Lodge. Supervisor Bradby noted he is in favor of supporting the application.. He noted that he knew all of the Elk Lodge members .personally and they are honorable people that would never think of doing anything that would disturb the community, school, church or County. Chairman Clark noted that ..Elk Lodge members are reputable individuals. He stated 1laving these -types of people near a school is probably a plus :rather than a negative; however, he does have a concern with the potential amount of increased traffic on Blount's Corner Road. He noted having a right` turn lane -into the. Elk Lodge property, as well as a right-turn lane out of their propertywould be beneficial. Mr. Hartley reminded the Board that with respect to a right-turn. lane out of the property, VDOT does not allow acceleration lanes, but. it does, allow deceleration lanes. He suggested the Board could address this concern by requiring improvements pursuant to a traffic tudy. 16 Supervisor MacManus noted -that he has attended the church that is located next to present .Elk Lodge for the past 18 years, and found the Elk Lodge members to be good citizens.. He noted that there are some concerns that should be addressed .through conditions. such as focusing on some of the events the Elk Lodge intends to allow by renting the facility, such as bingo games and weddings. He further noted that staff .needs to advise the Board what a reasonable number of parking spaces would be for that facility, and ensure that space is available at that .location for that facility. He stated site lighting should. be designed to minimize visibility off-site. ~e recommended staff relay to the Elk Lodge members .that the Board is desirous of limiting the. number of major events to one (1) per week. He recommended that no alcohol be served during the hours of 7:00 a.m. until 5:00 p.m. during school days: He recommended that the Conditional Use Permit be specific to the Elk Lodge,. and that there be buffered landscaping to the left, additional landscaping. to the right, and across the front and the rear of the facility. He recommended a curfew be established because of the surrounding neighborhood. Supervisor Bradby noted there is a great need for the Elk members to relocate. He stated he did not believe there would. be a problem with the Elk members complying with Supervisor MacManus' recommendations. He stated the building would be closed more than used, as there is not much activity taking place at the present location. He noted the building is not handicapped accessible, and he is in favor of approving the application. Chairman Clark stated a set of conditions needs to be developed that will adequately address the concerns of the citizens, and allow the Elk members to move from their present location. Supervisor Bradshaw noted that the Tandscaping plan is inadequate, and he wanted to see. a site plan that will address parking. He noted a concern with traffic, and he recommended that staff meet with Mr. -Lomax and Mr. Neblett of VDOT on-site to see how traffic concerns. can be .addressed. He recommended that the issue of security be addressed as a condition, specifically .who will be responsible for contacting the Sheriff prior to non- Elk functions. He requested Mr. Hartley treat the -site as,thaugh it will be located in the Highway Corridor Overlay District and make it adhere to all applicable ordinances, as they may become law later in the year following the adoption of the revised Zoning Ordinance. .Chairman Clark recommended signage, and ashort-term reduction of .the speed limit. Supervisor Bradshaw moved the Board table the application, and direct staff to develop: a set of conditions to address the concerns of the citizens for the Board's review at its December 2, 2404 meeting, as well as any other conditions .and. guarantees that might be appropriate pursuant to .Section 13005 in the Ordinance. The motion was adopted by a vote of (5-0) with 17 ,. ~~.....v,.,,,,.~,.,~,,.~,.....~......., _ . _ _ _ _ _ _._ . _ , _ _..._ ..,....:._ r,.,...,.R.,_.,~.~.. ~.,b.v.,~ 1 II 1 ,Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors. voting against the motion. // Supervisor Bradshaw moved the Board take a five (5) minute recess. The motion was adopted unanimously (S-0). // Chairman Clark called for a public hearing on the following: . C. The request of Cost Plus, Inc. to amend the Comprehensive Land Use Plan. Designation of tax map parcels 54-01-083, 54-01-083A and part of 54-01-086H3 in the Windsor Development Service .District from Suburban Estate and Planned Industrial to Business and Employment. Said properties,. approximately 2.362 acres of -land, are located on Windsor Boulevard (Rt. 460) and east of Dominion Parkway in the Windsor Election District. Chairman Clark called for persons to speak in favor of, or in opposition to the proposed request. Michael Culpepper, attorney with Williams Mullen, appeared on behalf of Cost Plus, Inc. He noted this is an opportunity for the County to do ,right by itself because Cost .Plus, Inc. purchased the property at the. request. of the County because it was determined that the warehouse facility would have additional truck traffic, and in order: to accommodate the new truck traffic, a new entrance. had to be constructed. He stated the County .partnered with Cosh Plus, Inca and acquired portions of the frontage along Route 460 to the east, and requested that Cost Plus, Inc. also acquire two (2) parcels of land from a local property owner. He noted that Cost Plus, Inc. would now like to recoup its investment. He stated- this site is tailor-made for business- and employment under the County's Comprehensive Plan, and Route 460 is one (1) of the biggest .commercial corridors in the.. County, and has the capacity for intensive development. He stated the site is park-like in nature as it is heavily wooded, and the employees of the neighboring warehouse will have pedestrian access. Chairman Clark closed the public hearing and. called for. comments from the Board.. . There being no questions, Supervisor Wright moved the Board approve the request of Cost Plus, Inc. The motion was adopted by a .vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman. Clark called for a public hearing. on the following:... 18 9D~u ~~ sp"'V,~J D. The application of Smithfield Packing Company, Incorporated for a Special Use Permit to permit the .use of the property as a corporate lodge or retreat and a Conditional Use Permit for a privately owned outdoor recreational facility, in particular a skeet shooting facility. Said property.. is known as Lot 18A of Aberdeen Farm located off Day's Point Road (Rt. 673) in the Hardy Election District. Chairman Clark called for persons to speak in favor of, or in opposition to the proposed application. Attorney William Riddick offered to answer questions from the Board members. .. Chairman Clark closed the public hearing anal called for comments from the Board. Supervisor Bradby inquired what caliber gun is used. Attorney Riddick replied shotguns, and participants shoot from west to east, parallel to the river. He noted there is nothinglocated in close proximity. to the range. He stated the range is owned by Smithfield Foods and used to entertain corporate clients and. guests, customers and employees of Smithfield Foods. He stated Smithfield Foods. also makes the range available to the public from.time to time.. Supervisor Bradshaw inquired how many persons would be shooting at one time. . Attorney Riddick replied there is a .three (3}station platform, and the shooting would only occur during the day. .Chairman Clark moved the Board approve the application of Smithfield Packing Company, Inc. The. motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no .Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: E. The application of Manara Anne Barrett Patterson for a Conditional Use Permit to operate a private group home at 5434 Old- Carrsville ..Road, Carrsville, in the Carrsville Election District. Chairman Clark recalled that the Board previously. held a public hearing on the above application, and directed staff to readvertise the matter because there was concern among the Board that the word had. not gotten out 19 ~..w.~ .,~...,~~,w....._.. _ .~. _ ._. _. ,.:__ _ _ _ _ . _~_ . _.~~.,. Mw. ._ .m~~..~. ___.~_.,.....,..~~ ~_,,,.,.~ 900K ~~ yA^'6JJ D 1 about the public hearing. He stated since that time there have been meetings held at the Carrsville Elementary School. Mr. Hartley. noted that staff had. received additional information since the agenda was delivered to the Board members last Friday, and that this information had been forwarded on to the individual Board members, to include a subsidized .housing initiative agreement from the Western. Tidewater Community Services Board, correspondence from Sheriff C. W. Phelps reiterating his concerns, and answers by staff to certain questions raised at the community meeting held at the Carrsville Elementary School.- He noted with respect. to question #29 on page 4, specifically "if the application for the Conditional Use. Permit does not pass, could the home still be leased by mentally ill individuals," to which he initially indicated "yes," he would. now. like to reserve making a final determination on what he has stated previously, both at the community meeting and in this document, in order to have an opportunity to discuss it further with the County Attorney. He referred to the revised conditions, dated October 20, 2004, in which staff has attempted to address as many as possible of the concerns of the citizens from the community meeting and the Sheriff. Chairman Clark called. for persons to speak in favor of, or in opposition to, the proposed application. April Knight, ..Western Tide~~~ater Mental Services. Board. Director, noted since the last.. public hearing, she and her staff have sponsored an open house; met with surrounding area churches; placed ads in the newspaper; and appeared on television in an effort `to provide as much information as possible to the residents in that area. He noted this would be the. tenth (10`n) house opened in a 1,600. square mile area, and to date there have not been any problems with the. residents living in the other homes. Joshua Pretiow, Attorney on behalf of the Western Tidewater Community Services Board, stated he found out. just prior to the public hearing: tonight that some of the answers provided by Mr. Hartley- to his questions earlier in the week have now changed. He stated he was unsuccessful in determining what the differences were in the answers from Mr. Hartley and the County Attorney, nor was he successful in finding. out what the sections were of the Code of Virginia that whey were discussing. He stated it is inappropriate .for staff and counsel to withhold those code. sections so that he could address the issue openly and fairly. Mildred Wuchter of 27953 Walters Highway stated she hoped the Board had had an opportunity to read her letter. She noted that she opposed the group .home because there was no mandated distribution by staff of medications to the residents of the home. She stated it could be some time before staff became aware that a resident had not taken their medications, and there are certain .things that could happen that could cause the resident to become disoriented ar excited. She noted that she was also concerned with 20 aoe~ 22 ~.~~dp the close proximity of the group .home to the Carrsville Elementary School. She noted that the school is not only operational during the day as the facility is not just used for educational purposes. She noted that the programs normally held after hours could be jeopardized, and she personally would not feel comfortable .with. her child walking from the school building to the gymnasium. She noted that she recently overheard a call on her scanner wherein an individual from the Franklin group home- had wandered from the .home unattended and unsupervised and come into the County. John Bueger of 2336 Elm Wood Drive stated he has a daughter and son who attend Carrsville Elementary School. He stated the proposed group home being located so close to the school jeopardizes his feeling of safety for his children when they are not in his care. He stated there is risk involved when people with mental. disorders who need periodic medication .are allowed to live unsupervised in a home. Sheriff C. W. Phelps stated.. he is still awaiting an answer to his question regarding an anticipated response time for WTCS personnel. He noted that. Ms. Knight has made the following contradictory statements: 24 hour counselors will be available to check in periodically during the day and evening; that 24 hour counselors will be available to check in periodically during the day and evening, and that they will also be on call in the event of an emergency with a 20 minute response time; that counselors will offer support to the clients and .will be on duty in their office ors Bank Street from 9:00 a.m. until 5:00 p.m.; 11:00 p.m. until 7:00 a.m.; and, 3:00 p.m. until 11:00 p.m.; and, that the counselors will maintain an office in the. proposed group home, and provide support to the residents until they retire to bed for. the evening.: He stated a 20-minute response time is not possible. He stated Ms. Knight has also indicated that the .proposed group home is located ten (10) minutes from the support center in Suffolk; however, the support center is located in Chuckatuck. He stated there are few services available to these individuals in the Carrsville area, .and without activities provided in the home or in the community, these individuals will .have a tendency to go to where an activity is, that being the Carrsville Elementary School when special events are held. Mike Cobb of Colosse Road in Carrsville stated anti-psychotic drugs administered by the residents, unsupervised, do not mix with.. the location of an elementary: school located close. by. Chairman Clark entered into the record an email from Mike Cobb of Colosse Road and a letter from Mildred E. VVuchter of Walters Highway. Chairman Clark closed. the public hearing and called for comments from the Board. Supervisor Wright suggested tabling the matter until the Board members have additional time to study the pages submitted by staff today. 21 .~ ,..~.. ~-.~.r . R.,R~r. ,,.x: _ _ . _ . ..Chairman Clark advised. Attorney Pretlow that it was not the Board's intention to be unresponsive; however, the Board just received the additional information this afternoon,-and they need time to study it before acting on the application. 1 1 Supervisor Bradshaw. stated for the record that. he has never stated that ; he is against the concept of the group home. He noted that he recognizes that there is a need in the communityto help those with mental illness. He stated he has served on the .Social Services Board for the past ten (10) years, and he has afirst-hand knowledge of the need as he has a child with a genetic disorder that is not yet recognized by the Federal or State government.. He stated he has also worked on State committees that deal with. mental illness. Supervisor. Bradshaw stated his first concern is that the .County does not currently have any ordinance that addresses this issue, and if the Board approves the .application tonight, it will be setting a precedent. He stated WTCS officials should have taken the.initiative to speak with County staff to advise that they want to .help establish these types of facilities in the County because there is a need. He stated the. Board needs to move forward and establish ordinances, and the Board should also be requiring the. WTCS. Board to report to the Board of Supervisors on a regular basis because the .County is providinb financial funding to them. He stated his second concern is that 95% of the Carrsville community,. and the Sheriff,. are opposed to .the location of this facility. He stated it is the Board's responsibility to protect the interest of the citizens of the Carrsville community, and the Board has no other alternative but to honor the demand of .the citizens in that area. He .noted if the Board approves this application, it would be obligated to approve all applications for group homes, even in the Gatling Pointe Subdivision, because the Board has set a precedent and because there: are no rules .and regulations. He noted that he was in .favor of denying the application, and directing staff, through the advice of the County Attorney, to move. forward: to work with WTCS Board in establishing ordinances and procedures on how this type of facility can work and fit in the County. . Supervisor MacManus requested that Ms. Knight answer the Sheriff's question with regard to a response time. Ms. Knight stated she understood. the confusion with respect. to response times as there are two (2) different programs being discussed.. She stated that there is an emergency services program wherein someone with a mental illness has to be detained. She noted she is not involved with that program, and the response time is often much longer. She stated she is involved with .thee housing program, and she has staffed the program with counselors around. the -clock in eight (8) hour shifts.. She stated emergency services counselors are on call twenty-four hours a day, seven (7) days a week, but her counselors work on a twenty-four hour a day shift that is seven (7) days a week and they are actually out in the community and the field. She - 22 noted that the house will not have a counselor. sleeping in the home, and the counselortivho works the 11:00 p.m. until. 7:00 a.m. shift may visit the house in Franklin, the proposed home in Carrsville, and the proposed home near Ivor. She stated there is more than one (1) counselor on duty at the same time so that no one is in the field alone, particularly at night. .Supervisor MacManus noted of the nine (9) other homes, what is the closest in the proximity of a school or other sensitive. areas. Ms. Knight replied.. there is a group home in Suffolk that is located approximately a -mile from a middle school, which.~has been. operational for over a year. She noted that the two (2) mentally disabled persons have. lived successfully in Carrsville for approximately a year.. Supervisor MacManus inquired if opposition is being expressed to the proposed group home near Ivor. ' Ms. Knight replied "none at all." Supervisor MacManus requested .that. Ms. Knight respond to the comment about a mentally disabled .person having a tendency to go where there is action. Ms. Knight responded that she disagrees with that comment as a professional. She noted that during the past year, none of the residents living in Carrsville have wandered near the elementary school. Supervisor MacManus inquired from the County Attorney if he is looking into whether or not there a possibility that even more than two (2) residents can reside in a home legally without applying for a Conditional Use Permit. County Attorney Stroman stated he briefly discussed this matter with Mr. Hartley today prior to the meeting, and he would .like to have an opportunity to further discuss this with hirn. He noted the statement made by counsel for the Western Tidewater Community Services Board during the recess that four (4) people could move into the home in Carrsville without the requirement for a Conditional Use Permit, and he questions whether that would be legal. He requested an opportunity to confer with Mr. Hartley, do some legal research, and provide a response to the Board on that subject. Supervisor Bradshaw inquired if Mr. Hartley presented his definition to the Planning Commission members when- they considered. theapplication. He noted that Mr. Hartley .has allowed two (2) residents to reside in that home without conferring with the County Attorney, and the County Attorney could advise that they are in violation of the interpretation of the current law. Mr. Hartley replied "yes, that is possible." 23 1 ;~~~ 1 1 BOOIf 22 ;,,;..~'~ ,~ Supervisor Bradshaw asked Mr. Hartley if it would have been more appropriate for Mr. Hartley, in his .capacity of Director of Planning and. Zoning, knowing that there is nothing on record, and knowing that there were no specific definitions in the County's ordinance, to request. the advice of legal counsel before the matter moved forward. Mr. Hartley advised that he has discussed a number of legal .issues surrounding the application for a Conditidnal .Use Permit. He noted this issue was further discussed at the community meeting. Supervisor Bradshaw stated Mr. Hartley has. made an interpretation on a matter that there. was not an official legal opinion because there is nothing in the County's ordinance that gives Mr. Hartley the discretion to make those statements and have-WTCS' clients in that home. Mr. Hartley noted that the Zoning Administrator, he was interpreting those provisions of the ordinance that he believed. applied to this application. He stated in discussingthe matter further with the County Attorney, there are additional aspects that he has brought to his attention- that need to be discussed. Chairman Clark noted it is important that the Board table the matter because if four (4) individuals are. allowed to live in the group home now without controls, it makes sense to him. to look at it in terms of five (5) residents with controls imposed rather than. four (4) without controls. He stated the Board wants to'have all .the facts so that they can be comfortable with their decision. Chairman Clarke inquired-what kind of conditions have been imposed on the other group homes that were approved by other jurisdictions. Ms. Knight replied "none whatsoever." She explained that the homes are rented from a private landlord, a tease is signed with the landlord, and the housing. agreement is a sublease that is .signed with the-residents.. She noted at the community meeting, it occurred to her that she could put two. (2j of the people on the WTCS' waiting list who desperately are in need of housing in ~ the existing home in Carrsville .now from what she .heard at the meeting, but i, she would not do this as she honors the process. Chairman Clark expressed his surprise that other jurisdictions have not imposed as a part of their conditional use permit that alcohol not be allowed on the premises. Ms. Knight noted that while the WTCS' lease with the landlord may be for one (1) to five (5} years, .however, the residents' sublease is month-to- month, and alcohol and ..illegal drugs are grounds for immediate relocation. where a higher level of supervision is warranted and where there is staff on- 24 BOOr, 22 ~ ~~-~`~~ site 24 hours per day, seven (7) days per week. She noted that she did not have a problem with the conditions, which do include no alcohol and illegal drugs, as well as the clinical team. ensuring that there is no person living in the resident with a history of violence and criminal activity. Supervisor Bradshaw recommended that before the Board took action, itshould hear the. opinion. of the County Attorney, and his evaluation of the legal issue as presented. Supervisor Wright moved that .the Board table the application to the Board's December.. 2, 2004 meeting to allow .the Board an opportunity to review the eighteen (18) pages submitted by staff today, - and answer questions on the number of residents who live in the home. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on.the following: F. The application of Donald W. Little for a change in zoning classification from Rural Agricultural Conservation (RAC) to ' Conditional Rural Residential (C-RR), of approximately two (2) acres of land located off the east side of Pons Road (Rt. 625), southeast of Mullet Drive (Rt. 684) and north of Mill Swamp Road (Rt. 621) in the Hardy Election District.. The purpose of the application is for lsingle-family residential lot, as conditioned. Chairman .Clark called for persons to speak in favor of, or in opposition to, the proposed application. Donald W. Little, applicant, requested the Board approve ..the application. He noted this application applies to a piece of land located in the middle of the woods, and it does not .affect any' open land that can be farmed. He noted that he has been close with his first cousin, and he desires for him to build a small residence on the land under discussion. Supervisor MacManus ..noted .that he had questions about the application that he would like to discuss with the County Attorney in Closed .Meeting. Supervisor MacManus moved the Board consider the application following the Closed Meeting for advice of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: 25 G. The application of Todd M. and Kristi M. Bryant for a change in zoning classification from Rural Agricultural Conservation {RAC) to Conditional Rurai Residential (C-RR), of approximately 8.339 acres of land located off the south side of Mill Swamp Road (Rt. 621-).and east of Modest Neck Road (Rt. b25) in -the .Hardy Election .District. The purpose of the application is for asingle-family residential lot as conditioned. Chairman Clark called for persons to speak. in favor of, or in opposition. to, the proposed application. Dan White- of 14039 Four Square Road, noted ..that the Planning Commission voted to recorr~mend approval of the application to the Board. He offered toanswer any questions the Board mayhave. Chairman Clark .closed the public hearing and called for comments from the- Board. Supervisor MacManus noted that he also had questions about this application that he would like to discuss with the County Attorney in Closed Meeting. Supervisor. MacManus moved the Board consider the application following the Closed Meeting for advice of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacMai~as, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion,. and no Supervisors. voting against the motion. Chairman Clark called for a public hearing on the following: H. The application of Quality Technical Builders, Inc. for a change in zoning classif cation from Neighborhood Conservation- Residential Rural (NC-RA) to Conditional Neighborhood Conservation-Residential Limited (C-NC-RI) property known as Lot 21 located on Cypress Avenue and Lot 371ocated on Cypress Avenue and Kings .Point Avenue, in Section Four-C of Wrenn's Mill Estates, Smithfield, in the Hardy ..Election District. The purpose of the application is for two (2) single-family residential. lots, as conditioned. 1 .Chairman Clark called for persons to speak in`favor of, or in opposition to, the proposed application. . William Riddick, Attorney representing the applicant, .explained .that Tom Glaser purchased three (3) lots in Wrenn's-Mill Estate; one (1) lot for his son, and the other two (2) lots to be -sold. He noted that during the construction of the single family residences, Mr. Glaser made a huge mistake in that instead of measuring from the back of the ditch from the property line, 26 9~~x 22::~~~646 he measured from the edge of the ° pavement. He stated the applicant discovered the problem and alerted the Building Official himself, and he was able to modify Lot 23, but not lots 21 and 37. He stated. to relocate these dwellings would cost. the applicant over $80,000, which does not include the .cost for relocating the septic tank .and drainfields. He stated the Board of Zoning Appeals heard the matter and voted to deny his application. He stated his applicant is requesting a change in zoning classification to permit the setbacks shown on the plat. He stated a cash proffer of $11,189 per lot is offered by the applicant. He stated the location of the homes does not impair the existing neighborhood, nor affect the value. of the. property. Tom Glaser, son of the builder, noted that his father built the home as a wedding gift. He stated his father made an unfortunate error, and he requested the Board approve the application. Michelle Jones of 31 Gurwen Drive .advised the Board that as a small businessperson, Mr. Glaser has already suffered sufficiently. She stated it is not apparent that the home has an improper setback. Debra Hail of 106 Cypress Avenue advised it is not apparent that either of the homes did not meet the setback, and it will not affect. the four (4) remaining lots to be developed. She advised that the propane tank on Lot 37 is located in the back yard and is 24 feet from` her driveway. She noted if it moved, it will be closer to her home, and for safety reasons, she would like it to stay where it is presently located. County Attorney Stroman-referred. to Virginia Supreme Court case law that raises concerns about spot zoning, but there is no mention of spot zoning in Mr. Hartley's Board report. He inquired if this is not considered an issue because this is the design of the zoning district. Mr. Hartley noted by the description and the purpose of the. district, it is intended for infill in existing neighborhoods.. Chairman Clark closed the public.. hearing and called for comments from the Board. Chairman Clark .advised that the Board of Zoning Appeals did exactly what they should have done,. and the Board of Supervisors, if it approves the application, is not overruling the Board of Zoning Appeals.. He noted it was incorrectly. reported in one (1) of .the newspapers. that the applicant is appealing the Board of Zoning Appeals' decision to the .Board of .:..Supervisors. He noted that the Board of Zoning Appeals is judicial and the Board of Supervisors is a legislative body, which has more. discretion than ,the .Board of Zoning Appeals. Supervisor Bradby moved the Board .approve the application of Quality Technical Builders, as conditioned. The motion was adopted by a vote of (5- 27 ~w..~~.~..,..~....._,,.. ~....__~ ,,..,~~r„ ... .,,~ .. _ r,~.M_., _ .-. _ _ _ _ ._ ..,.. ~,. a,.. _. ~~ 9o~x 22>r:~f~~7 0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: 1 1 I. The application of W. G. and Gayle Sawyer for. a change in zoning. classification from Neighborhood Conservation- Residential General: (NC-R2) to Conditional General Commercial (C-GC), of approximately .99 .acre of land located on the north side of Carrollton Boulevard (Rt. 17) east of Omera Drive,... Carrollton, in the Newport Election District. The purpose of the application is for Carrollton Shoppes expansion and a car wash. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. Scott Smith, Hunt Club Consulting, appeared and offered to answer'. any questions. Vice-Chairman Bradshaw closed the public hearing. and called for comments from the Board. ' Supervisor MacManus noted that he liked the physical layout. of the facility; however, the awning does not fit with the design of the roofline. Mr. Hartleynoted that proffer #5 agrees_to eliminate the awning on the front structure. Supervisor Bradshaw .noted that: this is the area that the Board wanted the signs to be consistent. He noted this does. not appear to be consistent with what is developed. in that area. Supervisor Bradshaw noted that he prefers that the sign be a monument type sign and be in proper proportion to the surrounding buildings. He noted he would also prefer to see just the monument. 1VIr. Hartley recalled there is a site plan review process for any projects located in the Highway Corridor .Overlay District. He noted staff could advertise an additional public hearing on the matter,. County Attorney Stroman advised that if the Board wishes to make the sign issue .binding on the applicant, then the Board needs to schedule another public hearing to allow for a revised proffer to be submitted. He further advised that there is a site plan .review process; however, it is advisory. as opposed to binding. 28 BOQK ~~ ~~"'~~8 Mr. Smith offered to revise the proffers to include the. deletion of the sign from the building.. He noted that this would also be taken into. consideration that revisions will be made during the site plan process. Supervisor MacManus referred to the landscaping plan that was submitted. He noted that he preferred berming of three (3} to five (5) feet, in .addition to the landscape plants indicated. Supervisor .Bradshaw addressed the .issue of carwashes utilizing recycled water for the protection of the environment. He noted that he prefers that when properties are rezoned, particularly in the Highway Corridor Overlay District, that it is only for the use being applied for today. He stated his concern is that if the shop ceases to operate in .the future, there will still be an unlimited number of uses that can be placed on the property, and many are not defined. Supervisor MacManus noted that Sections 2.111.4 and 9.500 may not be appropriate uses as .they are associated with a gas. station. Supervisor MacManus moved the Board direct staff to readvertise the matter for public hearing at the Board's November 18, 2004 meeting at the County's expense, which will allow the applicant to confer with Mr. Hartley: and submit supplemental proffers that the applicant landscaping would be modified to include some level of berm with the landscaping trees already offered; there will be a monument sign in accordance with .future plans to locate smaller signs on the main thoroughfares as opposed to a sign on the building.; and, that the gas. station and- retail store associated with the gas station be removed from the eligible uses. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and Wright ..voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: J. The application of Newhall Construction Co. for an exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002. (B)(2)(a.) to allow encroachment of 16 feet into the 100 foot Resource Protection Area Buffer for the construction of asingle-family residence. The property, containing .27 acre of land is known as Lot 28 James Landing Neighborhood, in the Gatling Pointe Subdivision, Smithfield, in the Smithfield Election District. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. Attorney Riddick noted that the. applicant, before the purchase of the lot, paid for a survey to delineate ....the wetlands to ensure that there was sufficient larid to build upon without encroaching into: the wetlands. He 29 II II as~K ?~ ~64~ explained that, upon the submittal of plans to the. Department of Planning and Zoning, the Army Corps of Engineers delineated the wetlands and determined that the delineation on the. plat was. incorrect, He stated the applicant now has a lot that he can not build upon without an exception. He recalled that Attorney Barlow first represented the applicant in June, 2004 at- which time the Board indicated .its .preference for the applicant to apply for an exception rather than having the home located so far to the front ofthe lot. He noted that the area that is actually encroaching into the 100 foot buffer is much smaller than what the Board has approved in the past. Michael Bergevin, adjoining landowner at 109 North Jarnes Landing Court, advised he was also here on behalf of Mr. and Mrs. Wyrick of 108 North James ..Landing Court. He distributed .pictures and a petition containing 65 signatures in favor of protecting the Chesapeake Bay, :and noted that his only. concern is with .the potential risk to his and the. Wyrick's properties.. He stated the. County's Environmental .Planner, Pam Shaw, in a memorandum dated May 18, 2004 to the Planning Commission describes the soil types and advises that the .slopes. are 1S% to 60%. He stated Ms. Shaw advises that the risk of erosion is severe, and that the County's .ordinance requires slopes of 15% or greater be avoided. He notedthat the Water Quality Impact Statement prepared by Davis Associates indicates that building will only occur on that part of the lot that was under 15% slope. He .noted according to the survey, it is all above. 15%, which means there will have to be extensive excavation of the slope. or a build-up of the slope in order to decrease the slope of the lot to under 15%. He stated it is for those reasons. that they have concerns.. Jack Currence of 202 James Landing Circle concurred with the comments of Mr. Bergevin. He noted that to see the lot is to understand the circumstances associated with it. He thanked the-Board for its consideration. Chairman Clark closed the. public hearing and called for comments from the Board. Supervisor NlacManus suggested that .the applicant follow the suggestion of the Chesapeake Bay Local Assistance Department and use pavers in the driveway. He further suggested that infiltration be installed along the left-hand boundary to protect Michael Bergevin's property from the runoff and keep the runoff out of the swell. 1 Attorney 1Ziddick offered to submit a site plan utilizing .pavers in the driveway and an infiltration trench`that meets the expectations of the County, Supervisor Bradshaw commented. that he could n©t support :the " exception as doing ~o would not be consistent with the position taken by the Board in the past relative to other exceptions.... 800K l~~.r ~H',r•~~'J~ ~ ~ k Wright voting in favor of :the motion,. and Supervisor Bradshaw voting against the motion. , Supervisor MacManus moved that the Board approve the application of Newhall Construction Company with the conditions that an infiltration trench be installed along the left-hand boundary to protect Michael Bergevin's property from the runoff, keep the runoff out of the swell, and that pavers be utilized in the driveway. to maximize the amount. of potential. water soaking into the land, as opposed to having an impervious surface.. The motion was adopted by a vote of (4-1) with Supervisors MacMarius Bradby, .Clark and. // Supervisor Bradshaw moved the Board. recess for five (5) minutes and upon returning to open meeting that the Board continue with the. County Administrator's report.. The motion was adopted. unanimously (5-0). // Chairman Clark called for the continuation of .the County Administrator's report. Regarding .the briefing by Mr. Robertson on HOME.. funding, Supervisor 1VIacManus requested that Mr. Robertson provide a copy of the November letter written by the City of Suffolk. County Administrator Caskey noted that staff would check with the City of Suffolk to see what .discussions that City's Council has had with respect to this issue. Supervisor MacManus suggested that letters be written from the localities representing the Consortium to the appropriate HUD official who. oversees the General Deputy Assistant Secretary to advise about the poor communications that occurred between HUD and Suffolk, Southampton and the. County that allowed this situation to happen. He noted that he was in favor of directly addressing this issue with the appropriate official in Washington. County .Administrator. Caskey reported on staff s efforts to date on the Meals Tax Fublic Awareness .Campaign, designed. to address the food and beverage tax referendum on the November 2, 2004 ballot. Mr. Robertson briefed the Board on staffs efforts to date on the development of an Environmental Management. Systems (EMS), as required, under Section 6.A. of the County's Strategic Action Plan. He noted afile cabinet has .been .located in the Public Works Department where all the individuals that would typically be around these types of chemicals can get .access. He noted that if a product is received and the Material Safety Data 31 L BdnK 22 ,~:,.~'~1 Sheet (MSDS) is damaged, this information can be obtained via the on-line service subscribed to by the County. Supervisor MacManus requested that Mr. Robertson provide the Board at its Retreat scheduled for January, 2005 with action plan dates associated with Section (3) of the Environment Management Systems. Mr. Robertson noted that an implementation date is scheduled for the end of the calendar year. He stressed that EMS is a .continuous process being managed by the Department of Public Works. He stated that Public Works has. all MSDS from those materials utilized by .the Department of Public Works and the Department of Parks and Recreation, and the Department of Public Utilities is the next department to be audited. Supervisor Bradshaw cautioned that anytime the County purchases any type of chemical, staff should ensure that a MSDS is requested from the vendor and is current. He inquired who is responsible for the OSHA safety program administered by the County. Mr. Robertson advised this program has been assigned to the Department of Human Resources under the County's Strategic Plan of Action. He noted this matter will need to be revisited once a new Director of Human Resources is hired.. C~ 1 Supervisor Wright recommended that Mr. Robertson invite the appropriate officials from VOSHA to perform a free inspection ,for the County.: He advised that if it found the County to be in non-compliance in particular area, the County would not he fined, and would be given a specific period of time to correct the violation. Supervisor MacManus recommended that staff evaluate. the- status of the implementation plan under the Strategic Plan of Action,. with VOSHA following up with a safety inspection. He further recommended that staff share its knowledge on the subject with the 'towns of Smithfield and .Windsor the first quarter of 2005. Lyle D. Hornbaker, Information Services Coordinator, briefed the Board on Section 7.D.5 of the County's Strategic Plan of Action pertaining to the production of a work process audit and IT needs analysis. He noted he would return with an IT Needs Assessment for the Board at its December 2, 2004 meeting so than staff can begin to plot where the County. needs to go .with IT efforts. Supervisar Bradshaw noted there is a high percentage of County employees utilizing a computer on a regular basis. He noted with respect to the human resources aspect. of the matter, the County needs. to be concerned about- its employees and be prepared. to deal- with how physically. and mentally computers are affecting these employees, in that constant use and 32 ~.,.~...,~..~~,,,k.~... ~ ..ate. .,._ ._ -~ .... :ry_ __. ,, .. u.,. , _ ~.,~. ~ _.~ _, .,.-~, - ..... ~ ., ,. , .. _~ ~ . ~..~. .,._.~ :,~ _~.,~ BOON ~~ ~:: •~r-? the long-term close proximity to the screen is causing vision problems and Carpal Tunnel Syndrome: He noted that employees should be ensured ample. breaks to rest their eyes so that computer usage will not be detrimental to :their eyes in the future. County Administrator Caskey referred to the Board report contained in the agenda with respect to the Action Steps Listing detailing the Action Steps targeted for completion from January through September, 2004, and each Action Step's related status. Ha advised the Board that Mr. Robertson, Ms. Seward and Mr. Rountree, in their capacities as the new senior management,... for ensuring .that the Action Steps are addressed-.. within the perimeters adopted by .the Board. within the individual departments under their purview.. He stated the matter will be further discussed at the Board's Retreat. Supervisor MacManus noted that. he wanted to address any -items that have not been completed per the Action Plan at the Board's Retreat, and that staff should be prepared to provide details on how to recover. He stated. the description for the .Tourism goal states it will be discussed further at the Board's Retreat; however, he is expecting to see an action plan explaining how staff is going to achieve the maximum. number of tourists, not just a general. discussion by staff. County Attorney Stroman provided clarification that .with respect to contracts for tower space leasing, all have been reviewed to date and are in -the negotiation stage. Supervisor Bradshaw moved the Board direct Ms. Seward to provide a report on the Action Steps taken by the Board of Equalization with respect to .towers in the reassessment. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting'in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley requested the. Board authorize him to invite Randall Arendt to provide his insights on the issue of traditional neighborhood development on November 22, 2004 at The Smithfield Center. He advised Mr. Arendt's fee is $2,500, plus travel expenses, and the-Town of Smithfield has verbally agreed to share 1 /3 of the cost. He stated he intends to speak with .the Town of Windsor about their .cost participation, as well. He noted Southampton County is currently experiencing certain. issues, and may benefit from hearing the presentation. Supervisor MacManus .directed Mr. Hartley to invite the City of Suffolk and the Counties of Surry and Southampton. Supervisor MacManus .moved the Board authorize an expenditure of up to $3,000 to engage the services ofRandall Arendt, and that staff ensures that invitations are sent to the Towns of Smithfield and ..Windsor, and the Planning Commission. The motion was adopted by a vote of (5-0) with 33 1 1 90~~ ~.f~. ~~ Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion,. and no Supervisors voting against the motion. County Administrator Caskey noted that Mr. Arendt, a renowned designer, included the County's. Land Use Plan as an example on how to do good cluster rural planning in his book in the early 1990s. Ms. Seward requested the Board's approval of the contracts associated with the furnishings for the new Administration Building. Supervisor MacManus moved the .Board approve the bid, subject to the review and approval of the County. Attorney. The .motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Old Business. With respect to :the concern voiced by Ed Easter under Citizens Comments, Chairman Clark requested .that Mr. Hartley contact Mr. Easter and advise him. that his comments pertaining to Hideaway Lane are civil. issues. Chairman. Clark noting that the County owns Yellow .Rock Road, requested the County Attorney and Mr. Hartley to investigate whether or not "No Through Trucks" signs. can be installed that can be enforced by the Sheriff's Office. /I Chairman Clark called for New Business. County Administrator Caskey called to the Board's attention that at -their individual seats is the County's Annual. Financial Plan, as provided by the Assistant County Administrator of Administration, .prior to the meeting. Chairman Clark moved the Board appoint Debra Thurston to the Beautification Committee. The motion was adopted unanimously (5-0). Supervisor. Bradshaw inquired if Ms. Seward had the updated figures for the septic system at the new Administration Building. Mrs. Seward advised Supervisor: Bradshaw that she did not yet have the final figures with respect to the decrease in cost; of the septic system for the new building, but that she anticipated having these figures soon and would . share them with the. Board at its November 4, 2004 meeting. 34 BOCK 22 r~':'F~~4 Supervisor Wright acknowledged Debbie J. Sivertson for her work efforts orrthe County Newsletter. // ..County Attorney Stroman requested a Closed Meeting under the Code of Virginia Section 2.2-3711.A.3 relative to a matter concerning acquisition of real estate where discussion in public session would jeopardize the bargaining .position of the Board; a matter .under Section 2.2-3711.A.7 concerning probable litigation involving the illegal. creation of lots and violation of conditional zoning;. a matter under Section 2.2-3711.A.7 relating to legal advice with respect to land acquisition and purchase of development rights; a matter under Section 2.2-3711.A7 relating to legal advice regarding proffers; and, a personnel matter regarding. the evaluation of a County employee under Section 2.2-3711.A.1 Supervisor Bradshaw moved the Board enter the Closed Meeting for. the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board return to open session. The . motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board adopt the following. Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed 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, Section 2.2-3712.D of the. Code of Virginia requires a certification. by this Board of Supervisors that such closed 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 closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified. in the motion convening the closed meeting were heard, discussed or considered. by the Board of Supervisors. 35 ~~,. 9~~M 2~ 655 1 1 VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright . NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor MacManus moved that. the Board. direct staff to prepare the maps and other necessary information to be considered by the Board during a closed meeting on November 4, 2004 meeting.. with respect to PDR land acquisition and for further ;potential land and PDR land acquisitions. Mr. Hartley, Mr. Rountree, Mr. Small, Ms. Morris, Ms. Seward and the County Attorney .are to be :prepared to move forward with details at ,the Board's Retreat for the Strategic Plan of Action. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,: Clarke and Wright voting in favor of the. motion, and no Supervisors voting against the motion. Chairman Clark moved the Board table Public Hearings Items (F) and (G) until the November 18, 2004 .meeting so that discussions can be held with regard to adequate public. facilities and the rezoning's effect on schools, fire .and rescue, .and law enforcement.. Readvertisement will occur at the expense of the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. // At 12:20. a.m., Supervisor'. Bradby moved the .Board adjourn 'its meeting. The. motion was adopted unanimously (5-0). Stan D. Clark,,Chairman 36