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08-21-1986 Regular MeetingAugust 7, 1986 Page 44 unanimously. f ^ 3 ~. +~p+ ' f Richard L. Turner, Chairman W. B. Owen, rk :ck~~c~~~~;9c*~:c~:c4cx~c~4c:c*~c~k~4c9c~~c~::csc~c4c:e:c'k'.e~cx:e4c~ck~c~~c4c.c9c4ck~Y4c9c~2k*:e:e~e~~9c:e:ex4c4e4c:e'c4c4ck~;~4c:c REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIRST DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED EIGHTY SIX PRESENT: Richard L. Turner, Chairman C. Fred Bailey Joel C. Bradshaw, Jr. (7:15 P.M,) Thomas L. Ross, Vice Chairman Also attending: H, Woodrow Crook, Jr,, County Attorney W. B. Owen, County Administratoz Terry D. Lewis, Planning Director Juanita L. Byrum, Assistant County Administrator Betty Scott, Secretary Chairman Turner called the meeting to order at 7:07 P.M. and delivered the invocation. /~ The Chairman called for a public hearzng on °tAn Ordinance To Amend The Ordinance Imposing Tax Levies For The Fiscal Year July 1, 1986 Through .June 30, 1987 Adopted June 26, 1986 By Reducing Tax On Real Estate From $0.55 To $0.53 And Tax On Machinery And Tools From $0.86 To $0.85'". County Administrator Owen informed the Board members the anticipated tax from the Utility Tax Ordinance would generate approximately $200,000 and approxi- mately $35,000 from the Utility Tax On Gross Receipts Ordinance for a total of $235,000 per year. Mr. Owen continued stating there would be an adjustment in real estate by $28,000, business professional and license tax (included in the budget, but not adopted by the Board) $100,000 and septic tax permit fees (in- eluded in the budget, but not adopted by the Board) $19,500 for a total of $147,500. This will. net $87,500 which can be used to reduce tax rates as well as using part of the undesignated balance, not to exceed $100,000, said Mr. Owen. Supervisor Bailey expressed concern regarding the $1,000,000 surp]_us which. was not shown. any place in the budget and stated that even though we have been doing it that way for the past three years does not make it right. Mr. Bailey feels the public should have known about the money. On motion by Supervisor Ross, the Board voted unanimously to reduce tax rate on real estate from 55~ to 52~ and tax rate on machinery and tools from 86~ to 84G. { August 21, 1986 Page, 45 "AN ORDINANCE TO AMEND THE ORDINANCE IMPOSING TAX LEVIES FOR THE FISCAL YEAR JULY 1, 1986 THROUGH JUNE 30, 1987 ADOPTED JUNE 26, 1986 BY REDUCING TAX ON REAL ESTATE AND ON MACHINERY AND TOOLS BE IT AND IT IS HEREBY ORDADIIED BY THE BOARD OF STJPERVISORS of the County of Isle of Wight, Virginia, that the ordinance to impose tax levies for Isle of Wight County, Virginia,. for the fiscal year July 1, 1986 through June 30, 1987 adopted June 26, 1986 be and the same is hereby amended as follows: 1. Amend paragraph (1) to read as follows: (1) That there is hereby levied for the fiscal year begin- ning July 1, 1986, a tax of $0.52 per one hundred dollars of assessed valuation on all taxable real estate, .and all real. and personal property of public service corporations in accordance with Section 58.1-2606 of the Code of Virginia;. 2. Amend .paragraph (2) to read as follows: (2) That there is hereby levied for the fiscal year begin- ning July 1, 1986, a tax of $0.84 per one hundred dollars of assessed valuation on machinery and tools used in,manufacturing, mining, processing and re-processing. businesses as defined in Section 58.1-3507 of the Code of Virginia.. Adopted this 21st day of August, 1986. ,~ ~• ~ ~ Richard L. Turner, Chairman Attest: ~~ W. B. Owen, lerk Chairman Turner called for a public hearing on the following-rezoning application: The application of Harold A. Griffin, Jr. and Hendricks L. Griffin, Sr. for a change in zoning classification from A-l, Agricultural Limited., to R-A, Rural Residential, approximately 50 acres of land located on the north side of Route 1402 bet- ween Route 10 and the Route 10 bypass. The purpose of the ap- plication is for a rural residential subdivision. No one appeared in favor or opposition. Supervisor Ross stated that ac- cording to the Planning Commission report the applicant had. requested the application. be withdrawn. Ann Simpson Jones, attorney representing .the' applicants, stated a request to withdraw the application was accepted and recommended by the Planning Commission. at its meeting July 8, 1986. Supervisor Ross moved the Board accept the Planning Commission's recom- mendation and approve the withdrawal of the application of Harold A. Griffin, Jr. and Hendricks L. Griffin, Sr. for a change in zoning classification from A-l, Agricultural Limited, to R-A, Rural Residential, approximately 50 acres of land located on the north side of Route 1402 between Route 10 and the Route 10 bypass. The vote in favor was unanimous. August 21, 1986 Page 46 // Supervisor Bradshaw arrived at the meeting at 7x15 P.M. // Betty Hanlon, Smithfield resident and designer and contest winner of the 350th Anniversary Celebration logo, appeared and spoke in favor of adopting the revised logo as the County seal. Mrs. Hanlon continued stating the present seal, containing the plow, has been used for sometime in the County and never has been officially adopted. She further stated she would like to see a seal that depicts what our county is all about. William E. Laine, Jr., Clerk of the Circuit Court and Chairman of the 350th Anniversary Celebration, spoke in favor of adopting a new logo saying it is a good seal and more: accurately reflects the County and urged the Board to adopt the seal. Mr. Laine further stated the Sheriff's Department has adopted a variation of the seal for their shirt patches. On motion of Supervisor Ross, the Board voted unanimously to adopt the modified 350th Anniversary Celebration logo as the official County seal. Grace Keen, President of the Isle of Wight. County Citizens Association, ap- peared and asked the Board to support the proposed resolution to the Department of Highways and Transportation relative to naming the James River Bridge and erecting plaques at the foot giving a brief history of the bridge. Following discussion,. Supervisor Bailey moved the Board support the re- solution to the Department of Highways and Transportation relative to naming the James River Bridge and erecting plaques at the foot giving a brief history of the bridge. The motion passed unanimously. Steve Wills, Isle of Wight resident, expressed .concern regarding the ex- cessive noise at the newly constructed dog pound. Mr. Wills stated the noise is so loud he cannot sleep at night if his windows are up and feels the other nearby residents have the same problem. Mr. Wills also stated it is impossible to carry on a conversation in his backyard due to the noise from the dog pound. Mr. [dills further stated he feels it was an oversight the noise was not con- sidered prior to erecting. the new pound and asked the Board's consideration. in doing something to alleviate the noise. Following discussion, Chairman Turner moved County Administrator Owen discuss with Public Works Director, Donald Bernd, ways to prevent the excessive noises at the dog pound and report back to the Board. ~/ Planning Director, Terry D, Lewis, presented the following subdivision i ~I August Zl, 1986 Page 47 plats for the Board's consideration: 1. Plat showing Lot 7 and Lot 8 of Jasper Holland and Ruth N. Holland located on the north side of Route 644, in Hardy Magisterial District. No one appeared in favor or opposition. Planning Director Lewis stated the property was rezoned R-A July 3, 1986 to permit the subdivision. Mr. Lewis continued stating the plat has been reviewed and approved by the Department of Highways and Transportation and the Health Department has no objection to its approval. Supervisor Ross moved the Board concur with the Planning Commission's recommendation and approve the plat showing subdivision of Lots 7 and 8 of Jasper Holland and Ruth N. Holland located on the north side of Route 644, in Hardy Magisterial District. The motion passed by unanimous vote of the Board. 2. Plat showing Parcel E of Odell S. Carr located off Route 638 in Hardy Magisterial District. No one appeared in favor or opposition. The property was rezoned R-A July 3, 1986 to permit the subdivision, said Mr. Lewis. Mr. Lewis stated the plat has been reviewed and approved by the Department of Highways and Trans- portation and the Health Department has no objections to its approval. The Planning Commission voted to recommend .approval, said Mr. Lewis.. Supervisor Bailey moved the Board approve the plat subdivision Parcel E of Ode11 S, Carr located off Route 638 in Hardy Magisterial District. The motion passed un- animously. 3. Plat showing Parcels A and B of James P. Cox, Jr. and Helen Hart Cox located at the intersection of Routes 699 and 713. in Hardy Magisterial District. Planning Director Lewis stated .the-plat has been reviewed and approved by the Department of Highways and Transportation and the Health Department has no objections t.o its approval. The Planning Commission voted to recommend ap- proval, stated Mr. Lewis. Supervisor Bradshaw moved the Board approve the plat subdividing Parcels A and B of James P. Cox,. Jr, and Helen Hart Cox located at the intersection of Routes 699 and 713 in Hardy Magisterial District. The vote in favor was unanimous. 4. Plat showing Lots 1 and 2 of Dale E. Marlin and Helen K. Marlin located on the north side of Route 619 in Windsor Magisterial District. No ,one appeared in favor or opposition. .The plat has been reviewed and ap- proved by the Department. of Highways and Transportation and the Health Depart- ment has no objection to its approval,. stated Mr. Lewis. Mr. Lewis continued stating the Planning Commission recommended approval. Supervisor Bradshaw moved the Board approve the plat subdividing Lots 1 and 2 ~~` the Dale E. Marlin and Helen K. Marlin located on the north side of Route b19 in Windsor August 21, 1986 Page 48 Magisterial District. The vote in favor was unanimous. Supervisor Bailey moved the Board consider the remaining two subdivision plats together since they are owned by the same per-son. The motion carried unanimously. 5. Plat showing Parcel B of Rae G, Scott located on the west side of Route 654 in Newport Magisterial District. 6. Plat showing Parcel C of Rae G. Scott located on the west side of Route .654 in Newport Magisterial District. No one appeared in favor or opposition. Planning Director Lewis stated the plats have been reviewed and approved by the Department of Highways and Transportation and the. Health Department has no objections to their approval. The Planning Commission voted to recommend approval, said Mr. Lewis. Super- visor Ross moved the Board approve the plats subdividing Parcels B and C of Rae G. Scott located on the west side of Route 654 in Newport Magisterial District. The motion carried unanimously. Planning Director Lewis presented the Queen Anne's Court Townhouses pro- ject plat, a 60 lot townhouse subdivision located at Benns Church, for the Board's consideration. Mr. Lewis stated the site is zoned R-3 which permits townhouses. Mr. Lewis further stated the plat has been reviewed by .the Depart- ment of Highways and Transportation which relates that it will sign the plat and will accept the roadways into the state system of highways following construct- ion of the roads in accordance with road construction plans approved by the Department. The Health Department and Water Control Board have reviewed the proposed water system and sewerage treatment system plans and will approve them, said Mr. Lewis.. Mr. Lewis continued stating the Smithfield Fire Department has. reviewed the proposed water system plans which features a 15,000 gallon water storage tank with a 4" gate valve fire pumper hose connection directly into the tank. Six (6) inch' water mains are being provided with a yoke permitting in- stallation of fire hydrants later. The fire department accepts the plans as proposed but urges the County to at least require reasonably elevated tanks for minimal pressure, said Mr. Lewis. .Also, Mr. Lewis stated the Public Ser- vice Authority has reviewed and approved the water and sewerage treatment systems plans and reached agreement with the developers for these systems to be conveyed to the Authority for ownership, operation and maintenance. The Plan- ning Commission voted to recommended approval, stated Mr. Lewis. John R. Stallings, Smithfield Fire Department Chief, expressed concern relative to the fire protection system being installed at Queen Anne's Court. Mr. Stallings said a water line connected to fire hydrants in the complex will August. 21, 1986 Page 49 be useless for firefighting because the tank the line connects to is inadequate. Mr. Stallings and other firefighters feel the useless hydrants give subdivision residents a false sense of security. Following discussion, Chairman Turner moved the Board accept the Planning Commission's recommendation and approve the Queen Anne's Court Townhouse plat and heed the suggestions made by representatives of the fire department and disucss same with the Health Department. The vote in favor was unanimous. On motion of Supervisor Ross, the Board voted unanimously to approve the Thomas Park.Bill Register in the amount of $9,029.97.. Planning Director Lewis brought to the Board's attention that several mobile home park developers that are constructing .mobile home parks under the prior mobile home park ordinance (adopted 1981) and they would like for the County to issue permits for the placement of individual mobile homes without first completing construction of all improvements within the mobile home park, mainly complete construction of the mobile home park streets. The ordinance essentially requires the Building Official issue a certificate of occupancy .for the mobile home park upon completion of mobile home park construction prior to issuing permits for individual units. At this time the administrative staff agrees that individual mobile home permits could be issued for incomplete mobile home parks if the Board of Supervisors would allow the developers to post a bond guaranteeting completion of construction of the park, County Attorney Crook opined that the mobile home parks may be developed in sections like sub- divisions where the streets, water and sewerage systems were designed separately for the sections in such a manner that a section could be developed inde- pendently of other sections. He said the development plans would. have to be reviewed to determine if this means development of the park were feasible, Also, Mr, Crook suggested that a bond could be posted for the streets and im- provements for each section. Ann Simpson Jones, attorney representing Blair Creek Landing Mobile Home Park, and Al Jones, attorney representing Twin Pond Mobile Home Park,. appeared and asked the Board to concur with the staff recommendation permitting the place- ment of individual mobile homes within their respective projects prior to full completion of the park.. Mr, and Mrs, Jones cited examples of financial hard- ships that it would cause the developer to have to complete the project before such permits are issued and secondly it was not their understanding that the ordinance required full completion before individual mobile homes could be placed. r~ August 21, 1986 Page 50 Supervisor Bradshaw moved the Board approve permitting bonds to be posted with the County in the amount of the cost plus 25% of all incomplete work as determined by .the developer, The motion passed with Supervisors toss and Bradshaw voting aye, Chairman Turner voting nay and Supervisor Bailey abstain- ing. /~ At 9:00 P.M. Chairman Turner moved the Board recess for ten minutes, which passed unanimously. The Board reconvened at 9:13 P.M. /~ Planning Director Lewis presented to the Board a report summarizing a dispute between the developer of the Twin Pond Mobile Home Park, Newman Beale, and adjacent property owners., Mr. and Mrs. Autry Bz~aswell, concerning a drain- age ditch located along their mutual property. line. "August 21, 1986 MEMORANDUM T0: Board of Supervisors FROM: Terry D. Lewis, Planning Director SUBJECT: Twin Pond Mobile Home Park (Newman Beale) ditch adjacent to Mrs. Shirley Braswell To date I have had approximately 15 conversations with Mrs. Braswell regarding :the drainage ditch constructed to serve the Twin Pond Mobile Home Park adjacent to the property. Mrs. Bras- well initially voiced concerns about the proximity and depth of the ditch relative to her property and the danger she believes it posed to guest or occupants of her property and the appearance of the ditch. She wanted a fence to be erected by the developer to screen the ditch from view and to keep people from accidently falling into the ditch. In her-latest discussion, Friday, August 15, 1986, Mrs. Braswell relates that she will .only be satisfied if the ditch is relocated far enough away from her property to allow the planting and maintenance of a tree buffer as provided on the park's development plans approved by the county. Also to date, I have had more than z dozen conversations with the developer, Mr. Beale, regarding Mrs. Braswell`s concern and. the fact that there. is insufficient space between the ditch and Mrs. Braswell's property to plant trees as specified on his development plans. He has been advised initially about Mrs. Braswell's desire that a fence be erected screening the ditch from her property and lately about Mrs. Braswell`s desire that the ditch be relocated. He has also been advised that he must submit revised plans to the county for approval showing a different type buffer. screening since there is insufficient room to plant and maintain the trees initially proposed. Mr. Beale has finally conceded to erect a fence, The ditch appears to be constructed in accordance with the plans as shown in typical ditch cross-section "cc", although it is arguable whether it should be located closer to the proposed road. The ditch begins with a depth of 6" to 8" near the front- line of Mrs. Braswell and is graded to a depth of approximately 24" by the time it reaches a garage on rfrs. Braswell's property that is located very close to the property line." August 21, 1986 Page 51 Al Jones, attorney representing Newman Beale, appeared and stated that his client was in compliance with. the County Ordinance and was developing the park in accordance with the development plan approved by the County. He further stated Mr. Beale had already partially filled in the ditch in hopes of resolving some of Mrs. Braswell`s concerns and there was sufficient roam for Mr. Beale to plant trees as originally proposed. However, in light of Mrs. Braswell`s continuing concern, Mr, Beale is willing to erect a fence that will completely block the view of the ditch and mobile home park. Mr, and Mrs. Braswell appeared before the Board and related their con- cerns about the ditch particularly regarding the danger they felt to people visiting their home. Mrs. Braswell indicated that she had been seeking relief from the problem through the Planning Department, but had not received any re- spouse as yet, and therefore, would appreciate anything the Board could do to have Mr. Beale. move the ditch further away from her property. On motion of .Supervisor Bradshaw, the Board voted unanimously to permit the development plans to be amended to provide a fence. along the side :and rear property line of the property of Mr, and Mrs. Braswell adjacent to the mobile home park instead of a tree buffer provided plans showing the proposed type of fence and installation is submitted to the Board for approval. ~/ County Administrator Owen informed the Board the Build and Grounds Com- mittee and he had met with .Dave Bugin, of Talbot & Associates, and reviewed the plans for the proposed Courthouse addition. Mr. Bugin displayed the pxo- posed changes as requested by the Commissioner of Revenue and Treasurer re- lative to the cabinetary and work stations. Following discussion, Mr. Bugin asked the Board`s approval to advertise for bids for the new addition. On motion of Supervisor Ross, the Board voted unanimously to authorize Talbot & Associates to advertise for bids for the Courthouse addition. /~ County Administrator Owen .advised the Board members the Sports Authority had recommended each jurisdiction hold a public hearing to seek support from citizens in the County on the bond issue regarding the development of the proposed super speedway in Isle of Wight County. Mr. Owen recommended the public hearing be advised for September 4, 1986 beginning at 7:30 P.M. in the Board of Supervisors Room. On motion of Supervisor Bailey, the Board voted unanimously to advertise a public hearing on September 4, 1986 at 7.30 P.M. i~ August 21, 1.9:86 Page 52 to seek suppax`t from citizens in the county on the bond issue regarding the development of the proposed super speedway in Isle Qf Wight County. // At 10,35 P.M~ Supervisor Ross moved to_ continue the meeting until 7:00 P.M, .Monday, Auugust.-: 25, 1986, The vote in favor was unanimous,. c l f _ e _ __ Richard L. Turner, hairman W. Owen, Clerk CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS .HELD THE TWENTY FIFTH DAY OF AUGUST IN THE YEAR NINETEEN ~IUN'DRED EIGHTY SIX PRESENT: Richard L. Turner, Chairman C. Fred Bailey Joel C. Bradshaw, Jr. Thomas L. Ross, Vice Chairman Also attending: H. Woodrow Crook, Jr., County Attorney W. B. Owen,. County Administrator Juanita L. Byrum, Assistant County Administrator Betty Scott, Secretary Chairman Turner called the meeting to order at 7:25 P.M. The invocat- ion was delivered by Supervisor Bradshaw. /~ The Chairman stated the Paul Sawyer Family and attorney were present, along with Ronald H. Pack, Chairman of the Hampton Roads Sports Authority and moved the agenda be amended to discuss the proposed speedway lease agreement first. The motion passed unanimously. Mr. Pack said the talks between the Sawyers and the Supervisors, the first direct negotiations between the groups, came after several days of negotiations between. the Sawyers and the Executive Board of the Regional Sports Authority. He continued stating the City Managers and County Ad- ministrator of jurisdictions who make up the Sports Authority will be given their first look Wednesday at a lease agreement for the track. Mr. Pack stated he was not at liberty to give any details of the pact which was negotiated Monday afternoon and he doubted a copy of the lease would ever be made public. Edward Russell, attorney for the Paul Sawyer Family, advised the Board members the racing promoters would like a period of several years at the start of the contract when no payment would be made because the Sawyers need about $7 milliongross annually to be profitable and. the two races