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03-05-1987 Regular MeetingFebruary 19, 1987 Page 218 Henry H~~ Bradby, Chairman . B. Owen, erk ~C*~~'. ~C ~f ~CX iC ~CiCh**~G ~f Xi~C ~f ~C ~C ~C i~G*~iG ~C ~G*~G i~~f*T~~'C!'t*~t~".~. ACT ~C i'f~~C~AA~C ~~tXX*~G****~C ~C'~t ~C ~f ~C X.`~G ~C ~tX ~t ~tX ~C ~t ~t ~t ~C ~C REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H. Bradby, Chairman C. Fred Bailey, Vice Chairman Joel C. Bradshaw, Jr. Thomas L. Ross Richard L. Turner Also present: H. Woodrow Crook, Jr., County Attorney W. B. Owen, County Administrator Terry D. .Lewis, Planning Director Juanita L. Byrum, Assistant County Administrator Betty Scott, Secretary The Chairman called the meeting to order at 2:05 P.M. The invocation was given by Supervisor Turner. ~/ R. W. Coates, Resident Engineer, Department of Highways and Transportation, asked the Board members to adopt the resolution relative to the proposed 2010 Year Transportation Plan for the City of Franklin and Urban Portions of Isle of Wight County. On motion of Supervisor Turner the Board voted unanimously to adopt the resolution relative to the proposed 2010 Year Transportation Plan for the City of Franklin. and Urban Portions of Isle of Wight County. RESOLUTION VIRGINIA At a meeting of the Isle of Wight County Board of Supervisors held the 5th day of March, .1987, on motion of Supervisor Turner, the following resolution was duly passed: WHEREAS, the Virginia Department of Highways and Transportation has studied the highway-needs of Isle of Wight County, and. WHEREAS, the Virginia Department of Highways and Transportation has presented its findings to the Isle of Wight Board of Supervisors as a proposed 2010 Year Transportation Plan City of Franklin and Urban Portions of Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the Year 2010 Transportation Plan is hereby adopted. A TRUE COPY TESTE: W. B. Owen, Clerk March 5, 1987 Page 219 Supervisor Bradshaw asked Mr. Coates to contact Clyde Simmons at Grays Fertilizer regarding cleaning out the ditch and patching holes in that vicinity. Supervisor-Bailed asked Mrx Coates to have the ditches cleaned out and rem pair a washout at C, ~, Delk''s store. Supervisor Turner queried Mr, Coates: when the road would be hard surfaced, to which Mr. Coates replied surface treatment will begin sometime in the summer, Mr. Coates. also informed Supervisor Turner they are trying to do work on Route 665, Chairman Bradby informed Mr, Coates the ditches at the intersection of Route 620 and ~iighway 258 needs to be cleaned out because'th.e backup is causing septic tank problems for residents in the area. Supervisor Bradby stated the residents. in the area would like to have the speed limit lowered and also a traffic light installed. Mr Coates stated he would have the. traffic engineer run a study and advise Mr, Owen accordingly. Supervisor Bradby also asked Mr. Coates to have the ditches cleaned out on Route. 626 at Mr. Taylor Battens farm. /l The Chairman. called for public hearings can the fallowing rezoning applicat- ions• 1, The application of Jimmie and Gladys Rawlings for a change in zoning classification of approximately 2 acres of land from A-l, ~Sgricultural Limited, to Conditional ,A--2, Conditional Agricultural General, for vehicle junkyard and vehicle repair, and approximately 2 acres of land from .A-1.,.Agricultural Limited to Conditional R-~MH~A, Conditional. Rural Mobile Home District, for the permanent location of one mobile home, This parcel of land is located on the west side of Route 696, bet-- weep Routes 615 and 641, in Windsor Magisterial Di trict. Dennis Montgomery, attorney representing the applicants, appeared and stated the Planning Commission requested the application be approved subject to the completion of items to be approved by Juanita L. Byrum and Terry D. Lewis and admits that they have not all. been completed. Mr. Montgomery continued stating his clients have agreed to the. suggested conditions. Mr, Montgomery informed the-Board members Mr, and Mrs. Rawlings had been burned out about 12 years ago and that is the reason they want to put a mobile home on the property. Mr. Montgomery respectfully asked the Board to approve the application. Supervisor Bradby stated a letter of opposition had been received from John M. Beale. "P. 0. Box 664 Franklin, Virginia 23851 March 1, 1987 r March 5, 1987 Page 220 Mrs. Juanita Byrum Assistant County Administrator Isle of Wight County Isle of Wight, Virginia 23397 Re: Jimmie and Gladys Rawlings ~ application for change in zoning classification of approximately 2 A of land from A-1, Agri- . cultural Limited, to Conditional A-2. Conditional Agricultural General, for vehicle junkyard and repair shop---~-~---------~ This parcel of land located on the west side of Route 619 bet- ween 615 and. 641, in Windsor Magisterial District. `i;' Dear Mrs. Byrum: Due to my physical .health I will not be able to attend the public hearing. on March 5, 1987 at 2:00 P,M., however, I would like to convey through you my feelings ..relative to .this rezoning, I am not opposed to the Rawlings having a mobile home; however, I .greatly disapprove the. county granting them the .right .for a vehicle junkyard and repair shop without 'certain restrictions. 1. That a fence be around the entire junkyard and repair .shop so that .the .unsightly scene. will not be an eye sore for.. neighbors or those who pass by, 2. That no vehicle be allowed to be parked or stored along the road ;in front of .the property blocking a free flow of traffic in either direction. 3. .That said property must be kept clean. You are aware that I have talked with. you and other supervisors about the junk. in this area on several occasions.- For safety as well as environmental reasons, I belive the board should establish and enforce certain creteria for a junkyard as well as housing. I hope that you will give this rezoning request the. above consideration. Sincerely yours, s/John M. Beale" Supervisor Bradshaw expressed concern regarding the proffered conditions. Planning Director Lewis stated there is some clean-up work to be done on the site,. which was part of the Planning Commission's conditions. This work needs to be done before the County would grant the permit, said Mr. Lewis, Mr. Lewis continued saying they-have done a lot of work, but there is still some to be done. Supervisor Turner queried Attorney Montgomery if his clients had any pro- blems with .the proffered conditions, to which he replied no. Supervisor Turner .moved. the Board approve the application of Jimmie and Gladys Rawlings for a change in zoning classification of approximately 2 acres. of land from A-l, Agricultural Limited, to Conditional A-2, Conditional Agri- cultural General, for vehicle junkyard and vehicle repair, and approximately 2 acres of land from A-1 =Agricultural.Limited, to Conditional R-MHTA, Conditional Rural Mobile Home District, for the permanent location of one mobile home with ~; t March 5, 1987 Page 221 the following proffered conditions: (1) Rezoning request to Conditional R-MH-A is for. the permanent location of one mobile home. (2) Only one (1) mobile home shall be placed on the site, (3) A solid 6' high fence shall be erected and maintained across the property, 175 feet from Route 696 as a junkyard screening fence as long as vehicles are repaired or junked vehicles are main- tained on the property. All .vehicles being repaired or .for repair and all junked items shall be kept behind the fence.. The area between the fence and Route 696 shall be maintained free of junked vehicles, related junked items and vehicles being repaired or for repair, -The area .between the fence and Route 696 shall be used solely for residential purposes and uses accessory thereto. 4, No more than 50 vehicles shall be stored or maintained for re- pair on the premises at any time. Once the limit of 50 vehicles has been reached, arrangements shall be made for junked vehicles to be removed and they shall be removed forthwith. The vote. in favor was unanimous. 2, The application. of S. V. Camp, III for a change in zoning classification from A-1, Agricultural Limited, to Con- dtional R-A, Conditional Rural Residential, 94 acres of land located.on the west side of Route 602, between Routes 600 and. 644,, in Newport Magisterial District. The purpose of the application is for no more than 50 rural residential lots. Ann Simpson Jones, attorney representing the .applicant, appeared and stated the applicant is seeking zoning that would allow 94 acres of land to be developed into a subdivision which will contain 50 residentia lots. The site is located in a rural area of the County anal borders upon the hongivew Agricultural and Forestry District. Land surrounding the site is wooded or is in cropland use except for- the. strips of lots fronting along both sides of Route 602. Mrs. Jones continued, stating you .will recall this application is an amended version of an application that you received at the January 15th meeting The January 15th application requested rezoning 215 acres to the R-A district with no limitation upon the total number of units and no concept plan for development of the tract. The Planning Commision voted unanimously to approve the amended application, said Mrs. Jones. S. V, Camp, IIL appeared. No one appeared in opposition. Supervisor Bradshaw moved the Board approve the application of S. V. Camp, III for a change in zoning classification from A~-1, Agricultural Limited, to Conditional R-~, Conditional Rural Residential, 94 acres of land located on the west side of Route 6192, between Routes 600 and 644, in Newport Magisterial District. i March 5, 1987- Page 222 Supervisor Twiner stated he was not involved with Mr, Camp on this project. However, he was involved with. Mr. Camp on another project. Supervisor Turner asked County Attorney if it would be a conflict of interest if he voted. Mr. Crook stated no this is another business matter. The vote. in favor was unanimous. Supervisor Turner moved the Board amend the agenda to discuss item 1 under Constitutional Officers .and Department Heads, Item IV! The motion passed un- animously. 1. The application. of Jmme and Gladys Rawlings for a Conditional Use Permit to locate a vehicle junkyard an approximately two acres of land located on'Roube 696 in Windsor Magisterial District. Planning-Director Lewis stated the Planning Commission voted to approve the application subject to site being cleaned-up to the satisfaction of the Planning Director and Zoning Administrator.,. On motion of Supervisor Bradshaw, the Board voted unanimously to approve the application of Jimmy. and Gladys Rawlings for a Conditional Use Permit to locate a vehicle junkyard on approximately two acres of land located on .,Route 696 in Windsor Magisterial District. Zoning Administrator, Juanita L. Byrum, asked who she should contact if she had any problems with the application to which Attorney Montgomery replied, ''Both of us, Mr. Rawlings and myself". The public hearing continued on the rezoning applications. 3, The application of James T, and Nancy W: Jones for a Conditional Use Permit to locate a 2.48 acre borrow pit on-the east. side of Route 603.,. between Routes 600 and 606, in Windsor Magisterial District.. The purpose of the application is to enlarge an exist- ing farm pond for irrigation purposes. Supervisor Bailey stated he was involved with this project and would not. participate in the. discussion and voting. James T, Jones ,appeared and stated he was in favor of the application and. asked the Board's favorableconsideration, No one appeared in opposition. The Planning Commission voted unanimously to approve the application. Supervisor Bradshaw moved the Board accept the recommendation of the Planning Commission and approve the application of James T, and Nancy W. Jones for a Con- ditional Use Permit to locate a 2.48 acre borrow pit on the east side of Route 603, between Routes600 and 606, in Windsor Magisterial District. The motion carried unanimously. Supervisor Bailey did not vote.. 4. .The application of Elizabeth A. Berry for a change in zoning classification from A-l, Agricultural. Limited, to Conditional ~j March 5, 1987 Page 223 R-MH-A, Conditional Rural Mobile Home District,. 65.961 acres of land located on the north-side of Route 646 between the Southampton County line and Route 681, in Hardy Magisterial District.. The purpose of the application is for the permanent location of one mobile .home, Howard Walker appeared to represent Mrs. Berry., who-was working and could not attend the public hearing. Mx. Walker stated the applicant would.like to put a mobile home on the property in which: to live. Pdo one appeared in opposition. The Manning Commission voted unanimously to recommend approval, stated Chairman Bradby. Supervisor Turner moved the Board comply-with the Planning Commission's recommendation and approve the application of Elizabeth A.-Berry for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home,District.,.69.961 acres of land located on the north side of Route 646,. between the Southampton County line anal Route 681, in Hardy Magisterial District. .The motion passed by unanimous vote of the Board. 5. The application of Katherine E~ Edwards for a change in zoning classif ication from A-l, Agricultural Limited, to R-I~~H-A, Rural Mobile Home District,_,one acre of land located on the east side of Route 647, between Routes 644 and. 637, in Hardy Magisterial District,' The purpose of the application is for the permanent location of one mobile home. Katherine Edwards appeared and asked the Board''s favorable consideration. Mrs. Edwards stated she would like to put a mobile home on the property and the Health Department has been out and approved the septic tank area. No one appeared in opposition,. The Planning Commission voted unanimously to recommend approval. Supervisor Bailey moved the-Board approve the application. of .Katherine E. Edwards for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located on the east side of Route 647, between Routes644 and 637, in Hardy Magisterial District, The vote in favor was unanimous, 6. The application of James Morris Slade, owner, and Robin Asbell and John Gibbs, prospective owners for a change in zoning classification from A-l, Agricultural Limited,: to Conditional R-MH-A, Conditional Rural Mobile Home District, .11 acres of land located on the south side of Route 646, between the Southampton County line and Route 681, in Hardy Magisterial District. The purpose of the application is for the permanent location of one mobile home, Robin Asbell appeared and stated she. would .like to put a mobile home on the property. No one appeared in opposition, The Planning Commission voted unanimously to recommend approval. On motion of Supervisor Turner, the Board voted unanimously to approve t March 5, 1.987 Page 224 the application of James Morris Slade, owner, and Robin Asbell and John Gibbs, prospective owners, for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, 11 acres of land located on the south side of Route 646, between-the Southampton County line and Route 681, in Hardy Magisterial District.. 7. The application of Richard Walter Tynes, owner, and James R. Butler, Jr., James R. Butler, Sr., Steve W. Butler and Allen H. Butler, prospective owners, for a change in zoning classifi- cation from A-1, Agricultural Limited, to R-l, Residential Limited, 13.8 acres of land located on the east side of Route 654, between Routes 620 and 644, in Newport Magisterial District. The purpose of the application is for singel family housing.. Steve Butler appeared, representing his brothers and family, and distributed a drawing of the proposed site for the Board members to review. No one appeared in opposition. The Planning Commission voted unanimously to recommend approval. Supervisor Bailey questioned the single family house and-the plat depicting 21 lots, asking are we talking about single family lots or one house, County Attorney Crook replied saying, "lots". Chairman Bradby moved the Board approve the application of Richard Walter Tynes, owner, and James R. Butler, Jr., James R> Butler, Sr., Steve W. Butler, and A11en H. Butler, prospective owners., for a change in zoning classification from A-1, Agricultural Limited, to R-1, Residential Limited, 13,8 acres of land located on the east side of .Route 654, between Routes 602 and 644, in Newport Magisterial District. The motion carried unanimously. 8. The application of S. Othello Batten and Peninnah J. Batten for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, 7.5 acres of land located on the north side of Route 626, bet- ween the'Route 10 bypass and Route 677, in Hardy Magisterial District. The purpose of the application is for three re- sidential lots. Othello Batten appeared and stated he has no heirs to leave the property to and feels he should sell the property while he has control, Mr. Batten continued saying the lots are surrounded by woods and asked the Board to approve the ap- plication. Mr. Batten informed the Board members he had talked with Kenneth Bunch, of Rural Community Electric in Windsor, and he had been out and made a survey relative to the underground electric lines. Mr. Bunch recommended they (REA) run the main line overhead rather than underground because it would be less costly and trouble, as well as easier to handle when a problem occurs, said Mr. Batten. County Attorney Crook stated the County ordinance requires the line to be t March 5,.198 7 underground, Page 225 Discussion followed and Supervisor Turner asked County Attorney Crook if a variance could be granted to which Mr. Crook replied you (the Board) will have to-decide under what ordinance, Planning Director Lewis stated the cost of underground service is usually borne by the purchaser of lots in a subdivision, Mr. Batten. asked if this pro- ject would be considered a subdivision, it's only two lots plus where I have been living for 32 years. Mr. Batten continued saying the two lots .are back in the woods and has nothing to do with the farm land, Supervisor Bradby asked, "Is .there a possibility of a variance being granted?". County Attorney Crook replied, "Once you ,grant it, it becomes a pro- blem from then on. In Mr. Batten's case, he can file a variance request and the Planning Commission can act on it and/or the ordinance can be amended, but at this point it is not a part-of the application". Supervisor Turner moved the Board approve the application of S. Othello Batten and Peninnah J. Batten for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, 7.5 acres of land located on the north side of Route 626, between the Route l0 bypass and Route 677, in Hardy Magisterial District with the understanding Mr, Batten will file a variance. request to be considered by the Planning Commission, to have overhead electric lines. .The mot-ion carried. unanimously. 9. The application of Wayne Bartlett., owner, and Visual Concepts, lessee, for a change in zoning classification from B-l, Busi- ness General, to Conditional M-2, Conditional Industrial General., 2,.430 .square feet of land located on the west side of Route 17, between Routes .659 and 669, in Newport Magiserial District. The purpose of the application is for one general advertising sign, 10 feet wide, 36 feet long and 30 feet high, Chairman Bradby stated the applicant had requested the application be 1 withdrawn. On motion of Supervisor Turner, the Board voted unanimously to grant the applicant's request to withdraw the application fora change in zoning classification from B-1, Business General, to Conditional M-2, Conditional In- dustrial General, 2,430 square feet of land located on the west side of Route 17, between Routes 659 and 669, in Newport Magisterial District, 10. The application of Newman and Shelby Beale fcrr a change in zoning classification from A-l, Agricultural Limited, to Conditional R-MH-TP, Conditional Rural Mobile Home Trailer Park District,. 16.75:-.acres of land for recreation area and office space, and from A-l, Agricultural Limited, to B-l, Business .General, 6.06 acres of land for uses allowed in a business zone. This land is located on the east side of Route 258, between Routes 603 and 606, in Windsor. Magisterial District. (Tabled February 5, 1987..) IQewman Beale appeared and asked the Board to table consideration of the r March 5, 1987 Page 226 application until his attoraey, A, L, Jones, II, was present, On motion of Supervisor Bradshaw, the Board voted unanimously to table action on the application of Newman and Shelby Beale until. their attorney arrived, 11, The application of Ray W, Hughes for a change in zoning classification from A-1, Agricultural Limited, to R-A, Rural Residential, 26,34 acres of land located on the west side of .Route 641, between Route 258 and the Norfolk & Western Railroad, in Windsor Magisterial District. The purpose of the application is for a single family sub division. (Tabled 12/4/86 and 2/5/87,) The Chairman stated the applicant had requested his application be withdrawn. On motion of Supervisor Turner, the Board voted unanimously to grant the applic- ant's request to withdraw his application. 12. The application of Michael S, Huffman for a change in zoning classification from A~1, Agrcultuxal Limited, to Conditional M-1, Conditional Industrial Limited, 7 acres of land located off Route 679, between Route 699'and Boar's Creek, in Hardy Magisterial District,. The purpose of the application is for a .building materials sales yard, millwork manufacturing,. whole- sale business, storage warehouse .and a .location sign. Chairman Bradby stated the applicant had requested his application be with- drawn. On motion of Supervisor Bradshaw, the Board voted unanimously to grant the applicant's .request to withdraw his application. /~ Supervisor 'Bradshaw introduced Jimmy King, of Franklin Equipment Company, Mr, King discussed the landfill disposal expense for Franklin Equipment Company and stated he had contacted Union Camp Corporation which is in the process of trying to locate suitable property for a new debris landfill, Supervisor Bailey stated he thought the Board's Committee would have a suitable location within the next. week or ten days, Supervisor Turner stated Colonel Begland, a County .resident., had talked with him and wanted to address the Board when he arrived at the meeting,. // Alan S, Nogiec, Director of Parks and Recreation Facilities Authority, appeared and asked the Boards support in purchasing an used lighting system for the Windsor High School athletic field complex. Mr, Nogiec continued saying the ten year old system will be purchased from Windsor Manor Mobile Home Park. for a baseball field at the complex. The tennis courts are already lighted, stated Mr, Nogiec, The cost of the system will be approximately $29,730 with about $18,000 of the funds to be used to move and install th.e system, said Mr, Nogiec, On motion of Supervisor Turner, the Board voted unanimously to grant the request of Mr, Nogiec t.o authorize the Parks and Recreation Facilities Authority to purchase and install an used lighting system from the Windsor 1 March 5, 1987 Page 227 Manor Mobile Home Park for a baseball field at the Windsor High School athletic. field complex and submit the bills for payment, not to exceed a cost of $29,730, with the money to. be taken from the Contingency Fund. Planning Director Lewis presented the following subdivision plat for the Board's consideration: Windsor Forest North - a six lot subdivision located off of Route 603 in the Hardy Magisterial. District. Wayne Mechlor, developer, appeared. Planning Director Lewis stated this subdivision is proposed on land that was previously subdivided under a plat recorded in the Clerk's Office that shows five 20 acre lots. The applicant is seeking permission at this time to vacate the five 20 acre lots plat, so that he can seek approval of the 6 lots plat subject to this review, said Mr. Lewis. Mr. Lewis continued stating under the subdivision ordinance,. up to three lots can be subdivided out of an ..undivided tract of land provided a minimal right-of-way of 30' is provided from the lot to a public right-of-way. The Planning Commission voted unanimously to recommend .approval, said Mr. Lewis. Mr. Melchor informed the Board members he did not have the resolution for the chairman's signature for the plat vacation, but-would have it prepared. Mr. Melchor asked the Board t© adopt the resolution, subject to County Attorney Crook's approval, and authorize the Chairman to sign same. On motion of Supervisor Turner, the Board voted unanimously to grant Mr. Melchor's request to adopt. the Windsor Forest North plat bacation resolution, subject to County Attorney Crooks approval, and authorized the Board Chairman to sign same. County Attorney. Crook informed the Board members a request had been received from Wayne Melchor, President of Professional Marketing Association, Inc., for a refund for a rezoning fee that was paid October 16, 1986, in the amount of $75.00, which was not used. Supervisor Bradshaw moved the Board .grant Mr. Melchor's request for a $75.00 refund for a rezoning fee. The vote in favor was unanimous. Supervisor Turner moved the Board approve the Windsor Forest North sub- divison plat of lots A and B subject to the resolution for vacation of the prior lots. The motion carried unanimously. On motion of Chairman Bradby, the Board voted unanimously to approve the Thomas Park Bill Register in the amount of $6,354.75, Planning Director Lewis. presented the following subdivision plat for the Board's consideration: March 5, 1987 Page 228 Plat showing division of a portion of property owned by Jean S. Goodrich .located on Route b55 in Newport Magisterial District. Planning Director Lewis stated the plat had been reviewed and approved by the Department of Highways and Transportation and the Health Department. The .Planning Commission voted to recommend approval, said Mr. Lewis. On motion of Supervisor Turner, the Board voted unanimously to approve the plat showing division of a portion of property owned by Jean S. Goodrich. loc- ated on Route 655 in Newport Magisterial District. Mr. Lewis presented the land option extension with Union Gamp Corporation for land to be used for the proposed super speedway. Supervisor Turner moved the Board pay the damage. costs, if any occurs, which should not exceed $2,000 for a year.. The vote in favor was unanimous. ~/ County Attorney Crook informed the Board members he had reviewed the pump and haul agreement with. the Southeastern Public Service Authority (SPSA), -the County and the Health Department and recommended-the Board approve same. On motion of Supervisor Turner, the Board voted unanimously to approve the pump and haul agreement with SPSA, the County and the Health Department and authorized Chairman Bradby to sign same. Supervisor Bailey moved the Board grant County Attorney Crookts request to publish notice for a public hearing for the April 16, 1.987 Board meeting to con- Sider an amendment to the cable TV ordinance necessitated by recent changes in the state statute. The motion passed by unanimous vote of the Board, County Attorney Crook informed the Board members .James City County does have an ordinance to prohibit dogs from running at large and asked the Board s permission to seek an Attorney Generals`opinion as to whether the Board has.. authority to enact a dog leash law. On motion of Supervisor Turner, the Board voted unanimously to grant County Attorney Crook's request to seek an Attorney General's opinion as to whether the Board has the authority to enact a dog leash law. County Attorney Crook asked the Board for authorization to proceed with plans to ask the Department of Corrections to conduct a feasibility study on a regional jail to house prisoners from Isle of Wight and Southampton Counties and the City of Franklin. Mr. Crook stated the Suffolk officials have note agreed on whether to join a regional jail and. the situation for the other localities is becoming more. critical. Mr. Crook also said Suffolk could still be included in the study. March 5, 1987. Page 229 County Administrator Owen informed the Board the State share under the new legislation of building a jail has been increased .from $300,000 to $00,000 per locality. Following discussion, Supervisor Turner moved the Board authorize County Attorney Crook to proceed with plans to ask the Department of Corrections to conduct a feasibility study on a regional jail to house prisoners from Isle of Wight and Southampton Counties and the .City of Franklin. The motion carried un- animously. County Attorney Crook presented the following tax refunds, in the absence of Commissioner of Revenue, Gerald H. Gwaltney, for the Board's consideration: Maude R. Cox - due'a refund for real estate taxes paid for the first half of 1986-87 in the amount of $159.64; William B. and Virginia N. Denison - due a refund for real estate taxes paid for the first half of 1986-87 in the amount of $59.02; Joseph F. Jones - due a refund for personal property taxes paid in 1985 in the amount of $21..57; Open Air Markets, Inc. - due a refund for personal pro- perty taxes paid in 1986 in the amount of $842.54; and Open Air Markets, Inc. - due a refund for personal property taxes paid in 1986 in the. amount of $9,834.54. Supervisor Bailey moved the Board approve the real estate and personal proeprty tax refunds requested by Commissioner of Revenue and recommended by County Attorney. Crook. The vote in favor was unanimous. ~/ County Administrator Owen informed the Board members he had received a letter from the Commissioner of Revenue. requesting $3,312.23 be transferred from the Contingency Fund to line i e.m 1209-5401, office supplies. This is the re- sult of a bill from Moore Business Forms that was incurred in the 1985-86 budget, but was charged out of the 1986-87 for forms used in the land books provided to the Commissioner's and Treasurer's Office, Tax Department, Planning. and Zoning Departments, Health Department and the C"lerk of Circuit Court.. Mr. Owen continued saying the Commissioner is also requesting that $800 be transferred from office supplies to 1209-7002, office equipment, to cover the cost bf the purchase of two desks and one chair for the anticipated new employees. On motion of Supervisor Turner the Board voted unanimously to approve the transfer requests of the Commissioner of Revenue. /~ Chairman Bradby moved the Board approve $500, to be taken from the Contingency Fund, to provide the Sheriff`s Department funds_to purchase food for the community service workers. The vote in favor was unanimous. March 5, 19.87 Page 230 // On motion of Supervisor Turner, the Board voted unanimously tp approve the payment ~~3, in the amount of $44,831.52, to :Henderson, Inc, far work on the Courthouse addition, Supervisor Turner moved the Board approve the following refunds as requested by Donald E, Goodwin, Building Official: Vivian Montoya -.refund of $21.00 for unused permit and S. W. Rawls ~ .refund of $12,00 for unused permit. The motion carried unanimously. On motion of Supervisor Bailey, the Board voted unanimously to approve the budget request af`Public Works `Director, Donald Bernd, to transfer $3,500 from line item 4204--3009 to line item 7001-3011 ~- monies to place plumbing, heating and parking lot at relocated administration building, The vote in favor was unanimous. Supervisor Turner moved the Board approve the employment of Benjamin Faltz, Jr,, at an annual salary of $9,708, as a maintenance worker for the County, The motion passed by unanimous vote of the Board, Supervisor Turner moved the Boaf'd approve the xent for the Agricultural Stabilization Conservation Service (ASCS) and Soil Conservation Service (SCS) for the next year in the amount of $12,109.50, The motion carried unanimously, Supervisor Turner moved the Board au horize County Administrator Owen to advise Joe Menendez, of the Continental Telephone Company, that the Board is interested in hearing his presentation relative to the E911 telephone number, but would prefer to hear it at a-later time, The vote in favor was unanimous.. Supervisor Turner moved the Board comply with the'Building and Grounds re- commendation to contract to-furnish water to E, T, Zawson Company for the new Zoom Convenience Store. provided the contract is to contain statements necessary to adequately protect the County`s interest in regard to any State regulations it may-have to meet as a supplier of water. The motion passed unanimously. County Administrator Owen informed` the Board members that Mr, Aries, of the STOP'px~ganzation~ had met with him and they had worked out an agreement and solution in order for them and Paul D, Camp Community College to use the old Smithfield-High School Home Economics Building. Mr, Aries will plan to begin using the Home Economics Building in September, thus allowing time for the Community College to use it as they have in March far the past three years. Supervisor Turner moved the Board grant Henderson, Inc, an extension of 18 days on-the .contract. time as they were. unable to get on the property to start by December 13th because the old building had not been moved. The motion 1 March 5, 1987 carried unanimously. Page 231 The Board architect,. Dave Bugin of Talbot Associates, Ltd., presented the Board several options for installing a vault in the Treasurer's new office. These consisted o`f pre-cast vaults, as well as constructed in place vaults. Mr. Bugin advised the Board that a vault could. be installed in place with concrete walls which would-meet UL specifications for insurance purposes. The estimated cost for the contractor to perform this work was $43,056 excluding the door. A vault door would-have to be purchased at an estimated cost of $2,000, After consideration, Supervisor Bradshaw moved the Board approve the proposal for Henderson, Inc. to construct the vault and for the vault door to be purchased in accordance with Mr. Bugin's recommendations. The vote in favor was unanimous. Supervisor Bradshaw expressed concern relative to the windows in the Board room since the addition will be joined to the existing building. Mr. Bugin suggested leaving the windows as they are. Following discussion, Supervisor Turner moved the Board approve installation. of some type of barrier, such as frost glass,- on windows along with some type of indirect light to be specified by the architect. The motion passed unanimously, ~~ At 4:11 P.M. Supervisor Ross moved the Board have a l0 minute recess, which passed unanimously. .The Board reconvened at 4:26 P.M. // Supervisor Turner moved the Board approve payment to C. A. Emping Contractors, in the amount of $1,500.00 for work performed, during .the relocation of the old administration building, beyond the scope of his contract. The motion passed with Supervisors Bradby, Bradshaw, Turner .and Ross voting aye and Supervisor Bailey abstaining. // Regarding the Franklin landfill closure, Supervisor Bradshaw distributed a copy of his report to the Board members. Supervisor Bradshaw stated Isle of Wight County is paying for the blocks. from Howell's to the landfill and there will be approximately four more months which will be about $10,000. "We are paying for Howell's fish pond", said Supervisor Bradshaw. Supervisor Bradshaw said he would keep the Board abreast of the happenings. // Chairman Bradby called for a public hearing on the following rezoning. application since the applicant's attorney had arrived at the meeting: The application of Newman and Shelby Beale for a change in zoning classification from A-1, Agricultural Limited, to e r~ March 5, 1987 gage 232 Conditional ~-MH-TP, Gondztonal Rural Mobile Home Trailer Park Districts 16,.75 acres of land for recreational area and office space, and from A~l, Agricultural Limited, to B~1, Business General, 6¢0.6. acres of land. for uses allowed. in a business zone, This land is located on the east side of Route 25$, between Routes 603 and 606, in Windsor Magisterial District. (Tabled February 5, 1987,) A. L, Jones, IT, attorney representing the applicants, stated the rezoning application consisted of two parts and asked the Board if they would consider each individually, Mr, Jones asked the Board to consider the commercial use first. Supervisor Bradshaw moved the Bdard approve Mr. Jones request to separate the rezoning application into two parts and consider the commercial part first, The motion passed unanimously.- Mr. Jones stated his clients wanted to have a convenience type store, possibly a restaurant, laundry mat and-branch bank, which would require a commercial zone. Mr. Jones continued saying he feels it is. an ideal location and many of the neighbors desire to-hate this use of the'propexty. Mr, Jones distributed a petition to the Board members from neighbors in support of the rezoning. Mr. Jones alsa distributed pictures of the buffer fence which was required. by the Board earlier to 'be erected. Mr, Jones asked the Boards favorable consideration.. Frances D, Butler, neighbor of the Beales, appeared and stated she was 100% in favor of the rezoning. She feels the proposed use will benefit the residents. Shirley Waters, neigbhor, spoke in favor of the application, especially the convenience store. At the request of Supervisor Turnery 11 people stood in support of the ap- placation. G, Blair Harry, attorney from Suffolk representing Mr. and Mrs, Autry Bras- well adjacent property owners, spoke in opposition. Mr. Harry stated the area is not suitable for commerical zoning, there~s only two business places close by, a beauty shop and a used car lot. He continued saying it would be strip zoning, Mr, Blair asked the Board to deny the application, Shirley Braswell,..homeowner adjacent to Twin Pond Mobile Home Park, stated that in recent years-the Supervisors have allowed construction of the mobile home park and a 48 unit apartment complex across from her and now are about to allow a 24 hour convenience store in an area that had been only single family homes.- "How much more can be imposed upon me?", she asked. Mrs, Braswell asked the Board to deny the application. Supervisor Bailey clarified the commercial property (beauty shop .and used car 1ot~ stating the County previously owned the triangle piece of property i March 5,..1987 Page 233 and that zoning was required .n order'for the County to transact the necessary business there. Supervisor Turner stated growth in Newport District is beginning. and pro gressingG Supervisor Turner continued stating leaving a strip of land for commercial use outside a large residential area is becoming a common practice for. developers- and is one "T do not oppose". Supervisor Bradshaw stated he feels the`Board will be illegally restricting Mr. Beale from the fullest use of his property if it denies the application, Supervisor Bradshaw moved the Board approve the change in zoning applicat- ion from A--1, Agrcultura.l Limited, to B-1, Business General, 6,06 acres of land located for uses a1 owed in a business zone, The motion passed with Supervisors Bradby, Bradshaw and Turner voting in favor and Supervisors Ross and Bailey voting nay.: There was some questions as to what the vote was. Supervisor Turner called for a re--vote. Chairman Bradby asked the Board members to--re~vote. The vote was Supervisors Turner, Bradshaw and Bradby voting aye and Supervisors Ross and Bailey voting nay.. Attorney Jones askdd the Board to consider the Conditional R-MH-TP District portion of the rezoning application Mr. Jones continued stating his client would like to, reduce the acreage from-16,75 acres to 1.25 acres because he would like to move the primary recreation site to-the back of the site and does not need the additional acreage. The 1.25 acres is needed for a parking area, office space, tool-shed and a place for the children to be out of bad weather while waiting for the school busy Mr. Jones asked th_e Board`s favorable consideration. Planning Director Lewis advised the Board members the plannng'Commssion voted to recommend denial of the request including the reduction in acreages G, Blair Harry,. attorney representing Mr. and Mrs. Autry Braswell, asked the Board to vote not to allow the rezoning. Following discussion, Supervisor Ross moved the Board deny the rezoning application. Discussion continued on amending th.e acreage and use-for office space. Supervisor Ross withdrew his motion. Discussion continued relative to the parking area and Supervisor Turner queried Mr. Beale as to whether he would amend the application to locate the parking area .from the barn to the sewage-plant and. then there :would be no park- ing between the barn and the Braswell property. Mr. Beale concurred. Super- March. 5x 1987 Page 234 visor Turner suggested the proposed p1a:t be rewritten to show the rev~.sion and bring it back to the Board, Attorney Jones stated his client would have the proposed plat redrawn and have it ready far the March 19, 1y87 Board meeting, Supervisor Turner moved the Board table action on the application for a change in zoning classification from A~l, Agricul:tural Limited, to Conditional R-MH-TP, Conditional Rural. Mobile Home Trailer Park District, 16.75 acres (amended to 1,25 acres) of land for: recreational area and .off ice space, The vote in favor was unanimous, ~~ Supervisor Turner introduced Colonel'R, Begland, Rushmere resident, who addressed the'Board members and expressed concern regarding the various con- ditions that exist in Rushmere, especially the number of shot houses at Tyler~s Beach. Colonel Begland stated that during his research he found out it has been going on for a long time, He talked with Sheriff Dixon and he (Dixon.) was aware it was going on, He a.1so discussed it with a property owner who lives across the river, as-well. as Art ~toberts who has been trying to develop property for several years in that area, Colonel Begland stated he is offering his community involvement. and-concern and commended Mrx Roberts for his long--time. efforts in trying to take care of the situation. Supervisor Turner'stated Colonel Begland had talked with him earlier say- ing the Board is a`sounding board for the people of the community. Supervisor Turner continued stating he feels it is an issue that must be addressed and an effort will be made to bring about a change, // County Attorney Crook informed the :Board members Ann Simpson Jones, attorney representing the developer of Cypress Run Association, has a matter of water and sewer line for consideration. Mrs. Jones stated the developers, Cypress Run Associates, are eager to proceed with projects already approved by the county and asked the Board to approve the extension of water and sewer lines. to the 135,000 square foot shop ping center on l7 acres of land located off Route 10 near the Smithfield Town limits. Mrs, Jones continued saying the development plans meet the requirements set. forth in the State Code and asked the Board for guidance in proceeding with their project, County Attorney Crook stated that Mrs. Jones had informed him that she n 1. March 5, 1987 Page 235 had discussed the request with the Town Manager.. and that he had received a call from the Town Attorney. He stated further that he and the Town. Attorney had agreed that the County's decision to allow the extension will not bind the Board to any set policy on future extensions. The County and Town will continue negotiations to reach a uniform policy, said Mr. Crook. Mr. Crook then recommended the request be granted due to the urgency of the situation. Following discussion, Supervisor Ross moved to concur with County Attorney Crook's recommendation. The motion passed with Supervisors Bailey, Bradby, Bradshaw and Ross voting aye and Supervisor Turner abstaining. ~/ Supervisor Bradshaw moved the Board appoint Patrick D. Gleason, Route 1, Box 335A, Carrsville, Virginia, to serve as a member of the Isle of Wight County Substance Abuse Advisory Council. The vote in favor was unanimous. Supervisor Bradshaw moved the Board appoint John E. Rose, Jr. to serve another term as a member of the Isle of Wight County Public Service Authority. The motion passed unanimously. // On motion of Supervisor Turner, the Board voted unanimously to amend the General Fund Bill Register to include payment of $89..00 to Rodham T. Delk, Jr. for services as a court appointed defense attorney in a County drunk driving case. Supervisor Bailey moved the Board approve the list of checks presented which did not appear on the General Fund Bill Registers. The vote in favor was unanimous. On motion of Supervisor Turner, the Board approved the General Fund Bill Register as amended. // County Attorney Crook informed the. Board members the Supplement to the Isle of Wight County Code had been distributed to them by his office and if they desired his office would be glad to make the changes for them. // Supervisor Turner suggested the Board consider securing an electronic vote-tally .board to be installed in the Supervisors Room. Supervisor Turner continued stating he often doesn't hear some members vote and there are times when it appears some members are watching to see how others are voting before casting their own vote, He stated, this will eliminate the guess and waiting for others to vote and see which way it's going. 1 March. 5, 1.9.87 Page 236 Following discussion, Supervisor Turner moved the Board authorize County Administrator Owen to seek prices for a lighted board.that would show how each member votes on motions. The vote inif.avor was unanimous. // Per County Attorney Crook's recommendation and on motion of Supervisor Turner, the Board voted unanimously to approve the February 5, 1987 Board cif Supervisors minutes. // Dr. Ryland Edwards, local veterinarian and .Isle of Wight County resident, spoke to the Board relative to the rabies situation, Dr, Edwards stated rabies have been found in Henrico County, which is only about 70 miles from-our County, and he feels the County should be made aware of it. Dr. Edwards continued say- ing he wanted to voice concern to the County regarding the problem and offered his support to Dr. E. D, Harris of the Department of Health. ~/ Supervisor Ross moved the Board meeting be continued until March 16, 1987 at 7:30 P.M. The motion passed unanimously. ~~ T he meeting was adjourned at 6;20 P,M, I ~1 ~. Henry H. Bradby, Chairman 3 i .. 6 W, B. Owen, erk CONTINUED MEETING OF THE TSLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H. Bradby, Chairman C. Fred Bailey, Vice Chairman Joel C. Bradshaw, Jr. Thomas L. Ross Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney ~ W. B. Owen, County Administrator Juanita L. Byrum, Assistant County Administrator Chairman Bradby called the meeting to order at 7:30 P.M. The invocation was given by Supervisor Turner. // John Maxwell, Vice President of Municipal Advisers, Inc., presented the Board with the composite of the discussions of the individual meetings with the Board members. These meetings were to determine the qualifications and/or characteristics that the Board members were looking for in the new county administrator. Mr. Maxwell reviewed the job qualifications with the