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03-19-1987 Regular MeetingPage 240 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOAR..D OF SUPERVISORS HELD THE NINETEENTH DAY OF MARCH IN THE. YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H, $radby; Chairman C, Fred Bailey, Vice Chairman Joel C, Bradshaw, Jr, (7:10 P,M~) Thomas L,. Ross Richard L, Turner (7:13 P,M,) Also attending: H, Woodrow Crook, Jr,, County Attorney Juanita L, Byrum,. Assistant County Administrator Beverly Walkup, Administrative Assistant to the Planning Director Betty Scott, Secretary Chairman Bradby ca led the meeting to order at 7:07 P,M, The invocation was delivered by Supervisor Ross, l/ The Chairman called for a continued public hearing on the following rezoning application: The application of Newman and Shelby Beale for a change in zoning classification from A-~1, Agricultural Limited, to Conditional R-MH~-TP, Conditional Rural Mobile Home Trailer Park, 6,Q6 acres of land for uses permitted in a business zone,. This land is located on the east side of Route 258, between Routes 603 and 606, in Windsor Magisterial District, (Tab.l.ed 2/,5/87 and 3/5/87.) A. L. Jones, II, attorney, appeared to represent the Beale Family, ~~~x~, Jones stated the application was-tabled at the last meeting at their request to give them an opportunity to-give specifics as to acreage to be rezoned for an office on the mobile home site, Mr, Jones distributed a copy of the pro- posed site to be rezoned giving the new dimensions and he also distributed pictures depicting the fence which had been erected around the mobile home park. // Supervisor Bradshaw arrived at the meeting at 7:10 P,M. ~/ No one appeared in-opposition, /~ Supervisor Turner arrived at the meeting at 7:13 P.M. /~ Following. discussion relative to the proposed office site and parking area, Supervisor Ross moved the Board approve the amended application of Newman and Shelby Beale for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-MH-TP, Conditional Rural Mobile Home Trailer Park, 1.25 acres of land for uses permitted in a business zone. The motion carried unanimously. // Chairman Bradby recognized Bill Pierce, Regional Forester with the Virginia State Forestry Service in the Portsmouth Region. Mr. Pierce stated one forester U March 19, 1987 Page 241 had been responsible for both lsle of Wight and Suffolk and now there is enough forestry work to hire a full time forester for each area. Mr. Pierce intro- duced Keith Newcomer who will be the new. forester in the County. Mr. Pierce distributed a copy of the 1986 Annual Soil & Water Conservation District Report, Virginia Division of Forestry to the Board members and stated the 1987 report should show a big increase. Mr. Pierce stated anyone who needs Mr. Newcomer's assistance should contact him and he would be glad to help. // Beverly Walkup, Administrative Assistant to the Planning Director, presented the following Conditional Use Permit application for the Board's consideration in the absence of the Planning Director; 1. The application of Alex W. Vargo, Jr, and Jill E, Vargo for a Conditional Use Permit to locate a mobile home for 12 months while building a residence, on 10.173 acres of land located on Route 258, in Windsor Magisterial District. Mrs. Walkup stated the applicants are seeking a permit that will allow placement of a mobile home on the property for a period of twelve months while constructing a permanent residence. The Planning Commission voted un- animously to recommend approval, stated Mrs. Walkup, No one appeared in favor or opposition. On motion of Supervisor Bradshaw, the Board voted unanimously to approve the application of Alex W. Vargo, Jr. and Jill E. Vargo for a Conditional Use Per- mit to locate a mobile home for 12 months while building a residence on 10.173 acres of land located on Route 258, in Windsor Magisterial District. 2. The application of Bailey Enterprises for a Conditional Use Permit to locate~a mobile home for Gracie Giles, lessee, on property ocated on Route 620, off Routes 10 and 32, in Newport Magisterial District. Mrs. Walkup stated the applicant is .seeking a permit that will allow an existing lot to be leased to Mrs. Gracie Giles for the placement of a mobile home for the occupancy and use of Mrs. Giles. The Planning Commission voted un- animously to recommend approval,, said Mrs. Walkup, No-one appeared in favor or opposition. Supervisor Ross moved the Board accept the Planning Commission's recommendat- ion and approve the application of Bailey Enterprises for a Conditional Use Per- mit to locate a mobile home for Gracie Giles, lessee, on property located on Route 620, off Routes 10 and 32, in Newport Magisterial District with the con- dition the mobile home. be occupied by Gracie Giles for her immediate family. The motion.. carried unanimously.. 3. The application of Lonnie E. Cassell for a Conditional Use 1 March 19, 1987. Page 242 Permit to locate a mobile home for 18 months while building a residence, on property located. off Route 644, in Hardy Magisterial District. Mrs. Walkup stated the applicant is seeking a permit that will allow a mobile home to be placed on the site for a period of 18 months while a permanent residence is being constructed on the property. The Planning Commission voted unanimously to recommend approval, stated Mrs. Walkup. No one appeared in favor or opposition. Supervisor Bailey moved the Board approve the application of Lonnie E. Cassell for a Conditional Use Permit to locate a mobile home for 18 months while building. a. residence, on property located off Route 644, in Hardy Magisterial District. The vote in favor was unanimous. Mrs. Walkup presented the following subdivision plats for the Board's con- siderations 1. Plat showing property of (l) U. Ray Luter and Lauren Johnson Lutes, 1.403 acres and (2) property of Gwendolyn W. Lutes, 2.950 acres of land, both of`whch~are located on Route 64.7 in Hardy Magisterial District. The applicant is seeking subdivision approval under Section 7-28-1 of the 1 Subdivision Ordinance, the family member exception provision, that will allow Lot 1 to be conveyed to a son, U. Ray Zuter, said Mrs. Walkup. Mrs. Walkup continued saying the plat has been approved by the Health Department and the Department of Highways and Transportation. The Planning Commission voted un- animously to recommend approval, said Mrs. Walkup. No one appeared in favor or opposition. Supervisor Bailey moved the Board approve the plat showing property of (1) U. Ray Lutes and Lauren Johnson Lutes, 1.403 acres .and (2) property of Gwendolyn W. Lutes, 2.950 acres of land, both of which are located on Route 647 in Hardy Magisterial District. The motion passed unanimously. 2. Plat showing a portion of the property of Dale E. Marlin and Helen K. Marlin, 2.761 acres of .land located. on Route 619, in Windsor Magisterial District. 1 Mrs. Walkup stated. the applicants are seeking approval of the subdivision plat of the third lot being subdivided from this tract of land. Mrs. Walkup continued saying the Department of Highways-and Transportation has approved the plat. -The Planning Commission voted unanimously to recommend approval, said Mrs. Walkup. No one appeared in favor or opposition. On motion of Supervisor Bradshaw, the Board voted unanimously to approve the plat showing a portion of the property of Dale E. Marlin. and Helen K. Marlin, 1 March 19, 1987 Page 243 2.761 acres of land located on Route 619, in Windsor Magisterial District. // Assistant .County Administrator, Juanita Ls Byrum, introduced Noel Sweitzer, with HDSI and representing the Retirement Housing Foundation. Ms, Sweitzer recognized her co-workers; Robert Washington; Architect with the Washington District Group, Mary Wilson with HUD, Charles Garner and Ms. Pulso. She also recognized members of the Smithfield Town Council and Planning Commission; Mrs. Florne Moore,'Colonel E1sey Harris, Dr, Wilson Ames, Henry Hearn, Charles Brown and David Sawyer, Ms. Sweitzer stated the proposed 40 unit apartment complex for the elderly would be one-bedroom, 579 square feet apartments for singles or couples at least 62 years of age or the handicapped, The project is being proposed by the Retirement Housing Foundation, a non-profit foundation that will construct the two story building, said Ms. Sweitzer.. Ms. Sweitzer continued stating the complex would be managed by a separate foundation. The old school property will be ideal for the housing project because of the availability to shops, banking facilities, churches, etc.-and it will compliment the community center plans, said Ms. Sweitzer, The rent for the units will be $446 per month, However, after adjustments for income are taken into consideration, most residents will pay between $150 :and $250 per month, said Ms, Sweitzer. The remaining costs will be paid by HUD, Ms. Sweitzer stated the next procedure would be for the County and the Re- tirement Housing Foundation to agree on a price, abtain a purchase option and go before the Town Council and have it rezoned for multi-family housing. Henry Hearn expressed a concern relative to someone monitoring the project to see that only one person or couple occupy the apartments, Ms, Sweitzer stated they will be policed by the national sponosr, Colonel Harris expressed concern regarding. the following: (a) what is the cap for eligible people to which Ms. Sweizer replied, "cap. for singles will be $94.50, two people $10,850 per year", (2) will there be an elevator or stairs since it is a two story unit? Ms, Sweitzer said .stairs now, but can go to single story. (3) Is this taxable? Mr, Washington replied taxable unless the County and Town request exemption. Charles Brown asked if HUD would purchase the property. Ms, Sweitzex re- plied a non-profit organization will own the property. ~/ t i~ March 19, 1987 Page 244 County Attorney Crook presented a request from Bobby Edwards for a refund of $25.00 for a zoning permit which was not used.. Supervisor Turner moved the Board comply with Mr. Crook's recommendation and approve the $25.00 zoning permit request refund, The vote in favor was unanimous. County. Attorney Crook presented the Resolution To Vacate Subdivision Plat for Wayne Melchor, t/a Professional Marketing Association, which was approved at the March 5, 1987 Board.~neeting, and asked the Board to adopt the resolution and authorize Chairman Bradby to sign same. Supervisor Turner moved the Board adopt the resolution and authorize Chairman Bradby to sign the Resolution to Vacate the Subdivision Plat approved at the March 5 , 1987 Board meeting. The motion carried unanimously. RESOLUTION TO VACATE SUBDIVISION PLAT WHEREAS, a plat of subdivision of property of Pro- fessional Marketing Associates, Inc. by Stephen I. Boone & Associates, P, C. dated November l5, 1986, was recorded in the Clerk's Office of the Circuit Court of .Isle of Wight County on December 5, 198b, in Plat Book 13, pages 148 and 149; and WHEREAS, all of the land encompassed in said sub- division plat was conveyed by deed from CONTINENTAL LAND SALES, INC. to Professional Marketing Associates, Inc. dated November 6, 1986 and recorded in the Clerk'`s Office aforesaid in Deed Book 319, at page 894; and WHEREAS, no lots in said subdivision have been sold and the owners desire to vacate the. subdivision plat pursuant to Section 15.1-481 of the Code of Virginia, 1950, as amended. NOW, THEREFORE, be it resolved by the Board of Super- visors of Isle of Wight County that said Board of Supervisors, as the governing body of Isle of Wight County, consents to the vacation of the plat entitled "Plat Showing Property of Pro- fessional Marketing Associates, Inc., Windsor Forest North, Hardy Magisterial District, Isle of Wight County, Virginia Scale: 1"=200' Date: .November 15, 1985, Stephen I. Boone & Associates, P. C. Land Surveyors, Portsmouth, Virginia" and recorded in the Clerk's Office of `the Circuit Court of Isle o,f Wight County, Virginia on December 5, 1986 in Plat Book 13, pages 148 and 149, said vacation and consent thereto being pursuant to Section 15.1-148 of the-Code of Virginia, 1950, as amended. Adopted.: March 19, 1987 Henry H. radby, Chairman Attest: ~~ i ~" a v W. B. Owen, Clerk VACATION OF PLAT - Subdivision of ..Property. of Professional Marketing Assoc. Inc.., Hardy Magisterial District, Plat Book 13, pages 148 & 149. March 19, 1987 Page 245 THIS VACATION OF PLAT, made and entered into this 6th day of March, 1987, by and between PROFESSIONAL MARKETING ASSOCIATES, INC., hereinafter called Owner; and BOARD -0F SUPER- VISORS OF ISLE OF WIGHT COUNTY, hereinafter called Governing Body: WHEREAS, by deed from CONTINENTAL LAND SALES, INC. to Professional Marketing Associates, Inc., referred to herein as Owner, dated November 6, 1986, recorded in the Clerk`s Office of the Circuit Court of Isle of Wight County, Virginia in Deed Book 319, page 894, Owner acquired 99 acres, more or less, in Hardy .Magisterial District, Isle of Wight County, Virginia; and. WHEREAS, Owner recorded a plat of survey entitled. "Plat Showing Property of Professional Marketing Associates, Inc., Windsor Forest North, Hardy Magisterial District Isle of Wight County, Virginia Scaler 1"=200' Date: November 15, 1986, Stephen I. Boone & Associates, P. C. Land Surveyors, Portsmouth, Virginia", in the Clerk's Office aforesaid in Plat Book 13, pages 148 and 149 establishing the subdivision known as Plat showing property of Professional Marketing Associates, Inc,; and WHEREAS, no lots in the subdivision have been sold, Owner, by and with the. consent of the Governing Body, desires to vacate the subdivision plat pursuant to Section 15.1-481 of the Code of Virginia, 1950, as amended: NOW, THEREFORE, Owner, by, and with the consent of the Governing Body, as evidenced by its joining in this instrument, hereby declares that the aforesaid plat showing property of Pro- fessional Marketing Associates, Inc., Windsor Forest North is hereby vacated. WITNESS the following signatures and seals, Professional Marketing Associates, Inc, having caused these pre- sents. to be executed on its behalf by its President pursuant to due authority, and the Board of Supervisors of Isle of Wight County having caused these presents to be executed on its behalf by its Chairman and attested by its Clerk, pursuant to a resolut- ion duly adopted on March 19, 1997. PROFESSIONAL MARKETING ASSOCIATES, INC. By: s/Wayne Melchor President BOARD OF SUPERVISORS OF ISLE OF WIGHT: ~ . By: Chairman f Attest: Clerk, Board of Supervisors STATE OF VIRIGNIA, COUNTY OF ISLE OF WIGHT, to-wit: The foregoing instrument was acknowledged before me this 6th day of March, 1987, by J. Wayne Melchor, President of Professional Marketing Associates, Inc., on behalf of the corporation. My commission expires: March 30, 1990. s/Susan H, Reed, Notary Public !I r1 March 19, 1987 Page 246 STATE OF VIRGINIA, COUNTY OF ISLE OF WIGHT The foregoing instrument was acknowledged before me this day of , 1987, by Henry H. Bradby, Chairman, and W. .B ..Owen, Clerk,.. respectively, of the Board of Supervisors of Tsle of Wight County. My commission expires: Notary Public County Attorney Crook advised the Board members Mrs. Byrum had just handed him a copy of the "Ordinance Providing For The Health and Welfare of the County of Isle of Wight, Virginia, By Regulating The Storage, Collection and Disposal Of Refuse, The Licensing Of Refuse Collectors, and Providing Penalities For The Violation Thereof" and stated that Mr. Owen thinks it now needs revision and he (Mr. Crook) would like to have time to study and review it before making re- commendations to the Board. On motion of Supervisor Bailey, the Board voted unanimously to amend the General Fund Bill Register to include the following: 4204-3009 - Marshall Landscaping,. Inc., services for bulldozer and dump trucks, ~858.OO and 4204-3004 - Malcolm Pirnie, Inca, services for the landfill, $3,068,85. Supervisor Bailey moved the Board approve. the General Fund Bill Register as amended. The motion carried unanimously. // Supervisor Ross stated March 19, 1987 was to be County Administrator Owen's last day as County Administrator and the Personnel Committee had asked Mr. Owen to remain as County Administrator until such time as a new administrator is employed. ..Since Mr. Owen was sick and unable to attend the meeting Super- visor Ross moved action be tabled until the April 2, 1987 Board meeting. The vote in favor was unanimous, On motion of Supervisor Bailey, the Board voted unanimously to set a maximum i salary increase for County employees in the next fiscal year 7.5%. /~ Supervisor Turner moved the Board appoint E. D. Kessler, Sr., P. 0. Box 133, Carrollton, Virginia, to serve as a member of the. Isle of Wight County Substance Abuse Advisory Council. The motion passed unanimously. Supervisor Bailey moved the Board appoint Lud Lorenzo Spivey, 18B Avenue, Windsor, Virginia, to serve as a member of the Isle of Wight County Substance Abuse Advisory Council. The vote in favor was unanimous. i March 19, 1987 Page 247 Supervisor Ross moved the Board appoint William P. Pollard, 308 Grace Street, Smithfield, Virginia., to serve as a member of the Isle of Wight County Substance~Abuse Advisory Council. The motion passed. unanimously. Chairman Bradby moved the Board appoint Herbert W. DeGroft, Route 3, Box 351, Smithfield, Virginia, to serve as a member of the Isle of Wight County Substance Abuse Advisory Council The motion carried unanimously. // County Attorney Crook informed the Board the February 19, 1987 Board of Supervisors minutes should be corrected to delete the report presented to the Board by Grace Keen, President of the Isle of Wight County Citizens Association., of their meeting held February 2, 1987 at the Town Hall, Smithfield, because it was verbatim minutes of that meeting which need not be in the Board of Super- visors minutes. On motion of Supervisor Bailey, the Board voted unanimously to approve the February 19, 1987 minutes deleting therefrom the report of the Isle of Wight Citizens Association. ~/ At 8:20 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously. Henry H. Bradby, Chairman ~~ W. B. Owen, Clerk REGULAR MEETING. OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF APRIL 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 Beverly Walkup, Administrative Assistant to the Planning Director Betty Scott, Secretary Chairman. Bradby called the meeting to order at 2:02 P.M. The invocation was delivered by Supervisor Bailey. // R. W. Coates, Resident Engineer, Department of Highways and Transportat- ion, informed the Board members the hill on Route 614 had been cut down and