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10-16-1986 Regular MeetingPage 10~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOA}3D OF SUPERVISORS HELD THE SIXTEENTH DAY OF .OCTOBER IN THE YEAR NINETEEN HUNDRED EIGHTY SIX PRESENT: Richard L. Turner, Chairman C. Fred Bailey Henry H. Bradby Joel C. Bradshaw, Jr, Thomas L. Ross, Vice. Chairman Also attending: H. Woodrow Croak., Jr,, County Attorney W. B. Owen, County Administrator Terry D. Lewis, Planning Director Juanita L, Byrum, Assistant County Administrator Betty Scott, Secretary Chairman Turner called the meeting to order at 7:.06 P,M. and delivered the invocation. ~~ The Chairman called for a public hearing on the following ordinances: 1. An Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Add Identification. Signs As Permitted Uses In R-A, R-MH-A And R-MH-TP Zones County Attorney, H, Woodrow Crook, Jr,, stated the ordinance had been properly advertised and the ordinance was needed to add identification signs as a permitted use to zones that were added subsequent to the adoption of the zoning ordinance, Mr. Crook continued saying when these new zones were added there weren°t any provisions for identification signs and when this was brought to his attention by the staff, this amendment was, prepared to aid them. No one appeared in favor or opposition. Supervisor Bradby expressed :concern as to whether the signs were busi- ness signs to which County Attorney Crook replied they are not business signs, .they are identification signs for subdivisions and trailer parks. Supervisor Bailey moved the Board adopt the "Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Add Identification Signs As Permitted. Uses In R-A, R-MH-A and R-MH-TP Zones". The vote in favor was unanimous. 2. An Ordinance To Amend The Zoning Ordinances Of Isle of Wight County To Permit The Use of Nonconforming Lots Of Record County Attorney Crook stated the ordinance had been properly advertised and the amendment to the zoning ordinance was needed because we have non- conforming lots that have been recorded prior to the adoption of the ordinance or changes in the ordinance. This amendment is to allow their use provided they meet the required width, setback, side yard and rear yard. No one appeared in favor or opposition. ~~ ~~ October 16, 1986 Page 110 Supervisor Bailey moved the Board adopt the "Ordinance To Amend The Zoning Ordinance Of Tsle of Wight County To Permit The Use Of Nonconfo-rm- ing Lots Of Record". The motion carried unanimously. /~ Planning Director, Terry D, Lewis, presented the following Conditional Use Permit applications for the Board's consideration: 1. The application of Roger and Elizabeth Collins for a Con- ditional Use Permit to locate a mobile home for his parents, Rev. and Mrs. Benny R. Collins, on 2.S acres of land located on the south side of Route b97, in Hardy Magisterial Dis- trict. Mr. Lewis stated the applicants are seeking a permit that will permit placement of a mobile home for Mr, Collins' parents on a vacant tract of land. The Planning Commission voted unanimously to recommend approval, stated Mr. Lewis. Chairman Turner informed the Board members he had received a letter from Mrs. Nelms in opposition. Mrs.. Davis, an. adjoining property owner, stroke in opposition saying she feels the mobile home will take the. value away from her property. She displayed pictures of the adjoining property areas. Liz Collins appeared and displayed pictures of junk cars around the place. She asked the Board's favorable consideration, Fulton Jones, adjoining property owner, spoke in opposition saying he feels the mobile home will devalue his property. Mr. Jones also displayed pictures of property in the area., Mrs. Benny Collins appeared and stated they plan to develop the property and have a beautiful place to live.. Mrs. Collins stated her husband is not well and his children wanted to provide ~ place for them to .live. Following discussion, Supervisor Ross moved the Board accept the re- f commendation of the Planning Commission and. approve the application of Roger and Elizabeth. Collins for a Conditional Use Permit to locate a mobile home for his. parents, Rev. and Mrs. Benny R. Collins, on 2.S acres of land loc- ated on the south side of Route 697, in Hardy Magisterial District. The motion passed by unanimous vote of the Board. 2. The application of Thomas J. and Janet S. Barker for a Conditional Use Permit to extend the existing mobile home approval for an additional three years while building a residence in Hardy Magisterial District.. Planning Director Lewis stated the applicants have had hardships-which prevented them from beginning construction of their permanent residence. Mr. E~ [~ t October 16, 1986 Page 111 Lewis continued saying the. Planning Commission voted unanimously to recom- mend approval. Following discussion, Supervisor Bardby moved the Board concur with the Planning Commission's recommendation and approve the application of Thomas J. and Janet S, Barker fora Conditional Use Permit to extend their existing mobile home approval for an additional three years while building a residence in Hardy Magisterial District. The vote in favor was unanimous. Supervisor Bailey queried Planning Director Lewis regarding the status of the charges of violations of the Sail Erosion and Sediment Control Ordinance against Paul Carrthers in the Ennisdale Subdivision, Following discussion, Chairman Turner asked County Administrator -0wen to talk with Commonwealths attorney, W. Parker Councill, relative to the situation and report back to the Board. Planning Director Lewis presented the following subdivision plats for the Board's consideration: 1, Plat showing a portion of the property of Jasper W, Holland_and-Ruth N. Holland being conveyed to Larry E. Walker and Cynthia S. 'Walker, .off Route 644, in Hardy Magisterial District. Mx, Lewis stated the plat has been reviewed by the Department of High- ways and Transportation and the Health. Department, which have approved or noted no objections to the approval of the plat. Mr. Lewis continued saying the Planning Commission voted unanimously to recommend approval. On motion. of Supervisor Ross, the Board voted unanimously to approve the plat showing a portion of the property of Jasper W, Holland and Ruth. N. Holland being conveyed to Larry E, Walker and Cynthia S. Walker, off Route 644, in Hardy Magisterial District. 2. Jahn Duck - a two (2) acre .lot located off Route 623 in Hardy Magisterial District, The proposed lot is the first of three possible lots under Saction 3-4-1 of the Sub- division Ordinance and the second lot being divided from the property since 1980.. Planning Director Lewis stated the plat has been reviewed by the'Depart- meat of Highways and Transportation and the $ealth Department, which have .approved or noted no objections to the approval of the plat, Mr. Lewis stated the Planning Commission voted unanimously to recommend approval. Supervisor Bradby moved the Board accept the Planning Commission's re- commendation and approve the John Duck subdivision - a two-(2) acre lot loc- ated off Route 623 in Hardy Magisterial District. The vote in favor was un- animous. October 16, 1986 Page 112 Planning Director Lewis suggested items 9~C and 4~D on the agenda be considered at the same time since bath lots are owned by James W. Jones and Pearl B. Jones. The Board concurred with Mr. Lewis' suggestion. 3. Plat showing Lot 1 of the property of_James W. Jones and Pearl B. Jones on Route 633 in Windsor Magisterial District. 4. Plat showing Lot 2 of tb.e property of James W. Jones .and Pearl B. Jones at the intersection of Routes 634 and 633 in Windsor Magisterial District. Mr. Lewis stated the plat has been reviewed by the Department of Highways and Transportation and the Health. Department, which have approved or noted no objections to the approval of the plat. Mr. Lewis also stated the Planning Commission voted unanimously to recommend approval. On motion of Supervisor Bailey, the Board voted unanimously to approve the plat showing Lets 1 and 2 of property of James W. Jones and Pearl B. Jones on Route 633 and. Route 634 in Windsor Magisterial District. Mr. Lewis informed the Board members the selection committee for con- sultant engineers to conduct a county wide water and sewerage treatment facilities study completed its interviews and selection process on October 1.5, 1986 and recommended the County negotiate a contract with the firm of William C. Overman and Associates. Mr. Lewis continued stating the com- mittee's decision is based upon its conclusion the firm possesses the capabilities and experience to satisfactorily complete the project; has a good understanding of and methodology for executing the project; has de- monstrated"experience on similar projects; has satisfactorily completed projects for other localities; and their project proposed cost range is within the projected cost by the County. Mr. Lewis further stated the firm will be able to initiate implementation of the contract immediately and should be able to complete execution of it within nine to twelvemonths. Mr. Lewis asked the Board to accept the recommendation and authorize negotiat- ion. of a contact which hopefully will be delivered to the Board for approval by the November 6, 1986 Board meeting. General discussion followed. Mr. Lewis added in addition to assessing how central sewerage systems can. be financed and built, the consulting firm. will draw up specifications for a package treatment facilities that will serve a single subdivision, apartment ar townhouse complex. The firm will also provide a consulting service to review the plans for package plants pro- posed in the future. Supervisor Bailey reminded the Board members the County Chamber of Commerce had asked for the sewerage system in Windsor as a way to October 16, 1986 Page 113 promote new economic growth in the center of the County, where rail service and a major highway. are available. Supervisor Bailey stated that stricter rules for placement of septic tanks had virtually halted residential build- ing in the Town. Supervisor Bailey said his committee and members of the Windsox Town Council. involved in selecting an engineer to study the needs for the Windsor area and :draw up specifications for a treatment plant and collection system had met and narrowed the list of engineers for the job down to five and he would have a recommendation for the Board at its November 6th meeting and hopefully have the system put out. for bids within six months. There is a strong case for building a sewerage system in Windsor and a more detailed study of that area than one provided in a county wide evaluation will be needed, said Supervisor Bailey. Supervisor Bailey said he felt that a reduction in fee for not having to consider Windsor could be sought during negotiations with Overman. Chairman Turner expressed. concern that it is a waste of money to pay for a county wide master plan and pay another engineer to do one for the Town of Windsor. Planning Director Lewis stated sewerage improvements are needed through- out the County and that a master plan will allow the Board to set priorities for which areas are served first and decide how the improvements can be paid for. /~ At 8:45 P.M, Chairman Turner moved to have a 10 minute recess, which passed unanimously. The Board reconvened at 9:00 P.M. /~ Following the recess, Supervisor Ross moved the Board go ahead with the plans to design a sewerage system for the Windsor area and information about that system to be provided to the consultant doing the master plan study and to negotiate with Overman for a concession on the fee due to the Windsor plans being prepared by someone else. The motion passed with. Supervisors Ross, Bradby and Bailey voting aye, Chairman Turner nay and Supervisor Bradshaw abstaining. On motion of Supervisor Ross, the Board voted unanimously to approve the Thomas Park Bill Register in the amount of $7,370,00. l/ The Chairman called for consideration of the following rezoning applicat- ion which. was tabled at the October 2, 1986 Board meeting: October 16, 1986 Page 114 The application of Bailey Enterprises, Inc. for a change in zoning classification from R-2, Residential General, to R-MH-A, Rural. Mobile Home, Lot 19 in Jamestown Annex, on Washington Avenue, between Route 1605 and the Southern Railroad, in Windsor Magisterial District. The purpose of the application is°for the permanent location of a mobile home.. Juanita L. Byrum, Assistant County Administrator, informed the .Board she had received a telephone call from Ann S. Jones, attorney representing the applicant, requesting that the application be tabled until the November 20, 1986 meeting. Supervisor Bradby moved the Board grant Mrs. Jones` request and table the application of Baily Enterprises, Inc. for a change in zoning classificat- ion from R-2, Residential General, to R-MH-A, Rural Mobile Home, Lot 19 in Jamestown Annex, on Washington Avenue, between Route 1605 and the Southern Railroad, in Windsor Magisterial District. Th.e vote in favor was unanimous. ~~ County Administrator Owen advised the Board-members Dave Bugin, Talbot and Associates, Ltd. representative, had information relative to the bid proposals for the addition to the Isle of Wight Courthouse. Mr. Bugin stated bids had been received from eight firms and he recom- mended the Board accept the low bid of $.534,319 from Henderson, Inc. of Williamsburg. Mr. Bugin continued stating the bid is about 20 percent higher than. the estimate because of rising costs in labor and materials. The con- tractors expect to have the building completed within 130 days.. On motion of Supervisor Bradby, the Board voted unanimously to accept the low bid, in the amount of $534,319, from Henderson, Inc. to construct the addition to the Courthouse Complex within 180 days as stated in the bid pro- posal. County Administrator Owen informed the Board members .Public Works Director,. Donald Bernd, had received bids from paint contractors to paint the Health Department inside. The bids are as follows $3,700.00 -Vernon Ray Edwards; $4,500.00 -.Sidney Pittman. Mr. Bernd recommended we .accept the low bid of Vernon Ray Edwards, said Mr. Owen. Following discussion, Supervisor Bailey moved the Board table action on the request. to pain the inside of the Health Department building for further specifications on paint to be used. The vote in favor was unanimous. Supervisor Ross moved the Board authorize the following meeting dates and times far presentations on the Isle of Wight/Franklin agreement and that the material deve hped by Mr. Owen be mailed to the County voters regarding October 16, 1986 Page 115 the November 4, 1986 referendum to be voted November 4, 1986; Smithfield - Wednesday, October 22, 1986 at 7:30 P,M.; Windsor ~- Thursday, October 23, 1986, at 7:30 P.M.; and Garrsville - Wednesday, October 29, 1986,. at 7:30 P.M. The motion carried unanimously. // County Attorney Crook advised the Board members .the Town of Smithfield had adopted the resolution in support of the Isle of Wight/Franklin agree- went. Mr. Crook continued stating the Tawn of Windsor was to consider the resolution at its October 14, 1986 meeting, County Administrator Owen stated the Town of Windsor did adopt the resolution. County Attorney Crook advised the Board members a resolution for the Hampton Roads. Sports Authority is required by the statute, following the public hearing which. was held August 28, 1986, authorizing the issuance of the bonds, Mr. Crook continued stating this must be done within sixty days of the public hearing and .should be done by October 28, 1986. Mr. Crook recom- mended the Board adopt the resolution. Supervisor Ross moved the. Board adopt the resolution for the Hampton Roads Sports Authority authorizing the issuance of the revenue bonds.. The motion carried unanimously. RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, The Sports Authority of Hampton Roads, Virginia (the Authority), 16 Koger Executive Center, Norfolk, Virginia, has con- sidered the acquisition,. construction and equipping of a public recreational and sports facz.lty containing a 1-3/4 mile super speedway with grandstands, campground and all restaurant, parking, transportation and utility (including sewage treatment) facilities and concessions in connection therewith (collectively, the Project) to be located on approximately 1,300 acres of land situated on the east side of U. S. Route 605, and fronting on U. S. Route 258 opposite. its intersection. with St. Route 645 and St. Route 638 in Newport Magisterial District, Isle of Wight County, Virginia (the County); and WHEREAS, the Project is to be owned by the Authority and financed through the issuance of its Industrial Development Bonds in an amount not to exceed $20,000,000 (the Bonds) and initially leased to, or operated by, PWB Promotions, Tnc., 1119 East Bay- shore Drive, Virginia Beach, Virginia 23451, or some other entity. in which Paul C. Sawyer is a principal; and WHEREAS, on August 28, 1986, a public hearing was held on the acquisition, construction and equipping of the Project and the issuance of the Bonds therefor; and. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code), provides that the govern- mental units having jurisdiction (a) over the issuer of the in- dustrial development bonds and (b) over the area in which .any facility financed with the proceeds of industrial development bonds is located, shall approve the issuance of such bonds; and WHEREAS, pursuant to Temporary Treasury Regulations Section October 16,-1986 Page 116 5f .103-2, the County may give issuer approval for the Authority; and WHEREAS, Section 15,11378.1 of the Code of Virginia of 1950, as amended (.the Virginia Code) provides that, in the " case of a joint authority, the governing body of the munici~ pality in which the facility is to be located shall, approve or disapprove the financing of any facility recommended by the Authority, if permitted by Federal law or regulations; and WHEREAS, the Authority is a joint authority and issues its bonds on behalf of the Cities of Hampton, ..Newport News, Norfolk, Chesapeake, Portsmouth,, Virginia. Beach and .Suffolk, Virginia and the Board of Supervisors of the County (the Board) constitutes the highest elected governmental officials of the. County; and. WHEREAS,. the Authority recommends that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds and recommending the Board's approval. thereof, subject to teams to be agreed .upon, a record of the public hearing, including a reasonably detailed summary of the comments expressed at the hearing, acid the fiscal impact statement required. by Section 15.1-1378.2 of the Virginia Code have been filed with the Board; NOW, T$EREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The Board of .the. Gounty approves the foregoing re- citals which are incorporated in, and :deemed a part of, this Resolution as if fully set forth herein. 2. The Board of the County approves the issuance of the Bonds by the Authority, to the extent and as required by Section 103(k} of the Internal Revenue Code and Section 15.1-1378,1 of the Virginia Code, to permit the Authority to finance the Project. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by the Board of Supervisors of Isle of Wight County, Virginia on the 16th day of October, 1986. I certify that the foregoing is a true copy of the resolution adopted by the Board of Supervisors at its meeting on October 16, 1986. W. B. Owen, /~ Supervisor Ross distributed a copy of the Southeastern Public Service Authority (SPSA) minutes to the Board members. However, he stated the minutes had not been approved by the SPSA Board as yet. Assistant County Administrator, Juanita L. Byrum, advised the Board she would have the report regarding the printing of checks at Paul D. Camp Community College ready for the November 6,1986 Board meeting. ~~ October 16, 1986 Wage 117 Chairman Turner moved the Board appoint Roy L. Skinner to serve another term as a member of the Isle of Wight County Recreation Facilities Authority. The motion carried unanimously, Supervisor Bailey moved the Board appoint Fred Thompson to serve an- other termas a member of the Highway Safety Commission. The motion carried unanimously. /1 County Attorney Crook informed the Board members the October 2, 1986 minutes were not ready for approval. ~/ County Attorney Crook and County Administrator Owen-requested an Ex- ecutive Session to discuss with staff members and 1ega1 counsel land acquisition, on going litigation and personnel. On motion of Supervisor Ross, the Board voted unanimoully to go into Executive Session to discuss with legal counsel and staff members land acquistion,on going litigation and personnel. The Board went into Executive Session at 10:02 P.M. j~ Upon returning to open session upon motion of Supervisor Ross the Board unanimously voted to adjourn, .; ~ : -~ t .~ ,, ,~ r _' ~ ~: ~, ,, ~ Richard L. Turner, Chairman W. B. Owen, Cler REGULAR MEETING OF THE ISLE OF WIGHT COUNTY. BOARD OF SUPERVISORS HELD THE SIXTH DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY SIX PRESENT: Richard L. Turner, Chairman C. Fred Bailey Henry H. Bradby Joel C. Bradshaw, Jr. Thomas L. Ross, Vice Chairman Also attending: H. Woodrow Crook, Jr,, County Attorney W. B. Owen, County Administrator Terry D. Lewis, Planning Director Jaunita L. Byrum, Assistant County Administrator Betty Scott, Secretary The Chairman called the meeting to order at 2:04 P.M. The invocation was given by Supervisor Bailey. ~~ R. W, .Coates, Resident Engineer, Department of Highways and Transportaton9 advised the Board members construction of the Chuckatuck Creek.. Bridge will be