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04-02-1987 Regular MeetingMarch 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 1 April 2, 1987 Page 248 and as soon as it sets up some the road will be paved. Mr. Coates suggested the remaining revenue sharing funds be used on the abandoned railroad bumps on Route 619 next to the convict camp, on Route 641 in Colossee and on Route 632 next to the Suffolk line. Mr. Coates stated if the Board would like to use the funds for those purposes he .would be glad to prepare a re- solution and cost estimates. The Highway Department feels these are the worse highway problems at the present time, said Mr. Coates. Supervisor Turner moved the Board ask ?~Ir. Coates to prepare cost estimates and. resolutions to expend the remaining revenue sharing funds on the abandoned railroad bumps on Routes 619, 641 and 632. The motion passed unanimously. Supervisor Bradshaw asked Mr. Coates to contact L. E. Gardner, Jr., Carrs- ville, regarding cleaning out ditches beside the school, Mr. Coates stated he would have the superintendent talk to Mr. Gardner relative to the problem. Supervisor Bradshaw also asked Mr. Coates to have the ditches on Route 649, along the George R. Pulley property, cleaned out. Chairman Bradby informed Mr. Coates that residents of the Ennisdale Sub- division had talked with him regarding the possibility of the Department of Highways and Transportation personnel installing culvert pipe on Route 676 f.or an entrance since they will have to travel that route because the property developers will be developing property which they are now using for egress and ingress. Mr. Coates replied it would be necessary to know whether the property is in the subdivision and determine the name of the property owner. Chairman Bradby stated Mr. Carrithers was the property owner. Mr. Coates stated there should be a meeting and the plans be reviewed. Mr. Coates stated he thinks it is part of the subdivision and the State cannot do it. Chairman Bradby and Mr. Coates are to set up a meeting to discuss the problem. The Chairman queried Mr. Coates as to whether Taylor Batten's ditches on Route 626 had been cleaned out to which Mr. Coates replied, "They were manicured the other day". Chairman Bradby asked Mr. Coates to have the ditches at Sandy Mt. Manor cleaned out. // The Chairman called for a public hearing on the following rezoning applications: 1. The application. of Bernard L. Lankford for a change in zoning classification from A-2, Agricultural General. to R-MH-A, Rural Mobile Home District, approximately one acre of land April 2, 1987 Page 249 located on the east side of Route 258, between Routes 615 and 619, in Windsor Magisterial District. The purpose of the application is for the permanent location of one mobile home. Frances Lankford appeared and. stated they would like to put a mobile home on the property. No one appeared in opposition, The Planning Commission voted unanimously to recommend approval, stated Chairman Bradby. On motion of Supervisor Bradshaw, the Board voted unanimously to approve the application of `Bernard L. Lankford for a change in zoning classification from A-2, Agricultural General, to R-MH-A, Rural Mobile Home District, approxi- mately one care of land located on the east side of Route 258, between Routes 615 and 619, in Windsor Magisterial District, 2. The application of Dashiell Land Trust Trustees for a change in zoning classification from A-l, Agricultural Limited, to M-l, Industrial Limited, approximately 20 acres of land loc- ated on the south side of Route 10 bypass and Smithfield Town Limits, in Hardy Magisterial District. The purpose of the. .application is for a storage warehouse. No one appeared in favor or opposition. Supervisor Rass stated the ap- plicant had requested the application be withdrawn and the Planning Commission voted unanimously to recommend the withdrawal be allowed. Supervisor Ross moved the Board concur with the Planning Commission's re- commendation and grant the applicant's request to withdraw its application, The vote in favor was unanimous. 3, The application of Delmo Gene Dawson for a change in zoning classification from A-l, Agricultural Limited, to Conditional M-l, Conditional Industrial Limited, approximately one acre..: of land located off Route 614, between Route 614 and the Southampton County line, in Hardy Magisterial District. The purpose of the application is for a welding/machine shop, Gene Dawson appeared and stated there is a great need for a machine shop in this area. The only one is in Smithfield and it is strictly automotive, said Mr. Dawson. Mr, Dawson continued saying that everyone he has talked to says there is a definite need. No one appeared in opposition. according The Planning Commission voted unanimously to ion with the proffered following conditions: the business or sells the farm, the permit w to the Planning Director's report. recommend approval of the applicat- (1) that if the applicant ends ill no longer be valid: (2) that all work be performed inside the shop, except for an outside material storage rack and the storage of items waiting to be delivered; (3) that the hours of operation be from 8:00 A.M, to 5:00 P.M., Monday through Saturday; and (4) that there be no employees other than the .applicant, Supervisor Turner moved the Board approve. the application of Delmo Gene j April 2, 1987 Page .250 Dawson for a change in zoning classification from A-l, Agricultural Limited,. to Conditional M-l, Conditional Industrial Limited, approximately one acre of land located off Route 614, between Route 614 and the Southampton County line, in Hardy Magisterial District with the proffered conditions. The motion carried unanimously. 4. The application of James M. Carroll, Jr. for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approxi- mately l5 acres of land located on the north and south side of Route 621, between Routes 626 and 623, and Routes 608 and 625, in Hardy Magisterial District. The purpose of the application is for no more than six rural re- sidential lots, three on the north side and three on the south side of Route 621. Jean Barcroft, realtor, appeared to represent the applicant. No one appeared in opposition according to the Planning Director's report. The Planning Commission voted unanimously to recommend. approval, Supervisor Ross moved the Board accept the recommendation of the Planning Commission and approve the application of James. M. Carroll,. Jr, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional. Rural Residential, approximately 15 acres of land located on the north and south side of Route 621, between Routes 626 and 623, and Routes 608 and 625, in Hardy Magisterial District. The motion passed by unanimous vote of the Board. 5. The application of John T. Matthews for a change in zoning classification from A-l, Agricultural Limited, to B-1, Busi- ness General, approximately 9.5 acres of land for uses allowed in a Business zone; and from A-l, Agricultural Limited, to R-l, Residential Limited, approximately 3.5 acres of .land for single family .residential. lots. The property fronts. on the south side of Route 460 and on the north side of Route 636_, west of Route 460 and Route 636 intersection, in Windsor Magisterial District,. No one appeared in favor or opposition, Supervisor Bailey stated there was some discussion at the Planning Commission and felt the application should be tabled until someone appeared to represent .same,. Supervisor Turner moved the Board table action. on the application until the end of the public hearing in the event someone came to represent the ap- placation. The vote. in favor was unanimous, 6. The application of Marilynn C. Edwards for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 15 acres of land located on the north side of Route 626,, between Routes 678 and 677, in Hardy Magisterial District. The purpose of the application is for one rural residential lot. Jean Barcroft, realtor, appeared to represent the applicant. No one ap- peared in opposition according the Planning Director's report. The Planning i !~ April 2, 1987' Page 251 Commission voted unanimously to recommend approval, On motion of Supervisor Turner, the Board voted unanimously to approve the application of Marilynn C. Edwards for. a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 15 acres of land located on the north side of Route b26, between Routes 678 and 677, in Hardy. Magisterial District, 7. The application of B. Forrest Gobb, owner, and Antioch Assoc- ates, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, approximately. 33 acres of land located aui the north side-of Route 638, between .Route 641 and the Norfolk & Western Railroad, in Hardy Magisterial District. The purpose of the application is for no more than 23 single familyre^ sidential home sites. No one appeared in favor or opposition according to the Planning Director s report. The: applicant.. had requested the application be withdrawn and the Planning Commission voted unanimously to recommend the withdrawal be allowed, Supervisor Turner moved the Board, concur with. the Planning Commssionts recommendation and grant the applicant's request to withdraw his application, The motion carried unanimously; 8. The application of Benny F. Peden, Jr. and Tammy Bryant for a change in zoning classification from Conditional R-A, Conditional Rural Residential, to R-MH-A, Rural Mobile Home District, one acre of land located on the west side of Route 652, beT.ween Routes 644 and 600, in Newport Magisterial District, The purpose of the application is .for the permanent location of one mobile home. Tammy Bryant appeared and stated they would like to put a double wide on the property. No one appeared in opposition. The Planning Commission voted to recommend approval according to the Planning Director's report. Supervisor. Turner moved the Board approve the application of Benny F. Peden, Jr. and Tammy Bryant for a change in zoning classification from Con- ditional R-A, Conditional Rural Residential,. to R-MH-A, Rural Mobile Home Dist- rict, one acre of land located on the west side of Route 652, between Routes 644 and 600, in Newport Magisterial District. The motion passed by unanimous vote of the Board. /~ Beverly Walkup, Administrative Assistant to the Planning Director,. presented the following subdivision plats for the Board's consideration: 1. Plat showing the subdivision of Longview Acres, 44 lots, loc- ated off Route 600, in Newport Magisterial District. Mrs. .Walkup stated the Planning Commission voted to recommend approval, No one appeared in favor or opposition. April 2, 1987 Page 252 Supervisor. Turner moved the Board accept the Planning Commission's recom- mendation and approve the plat showing the subdivision of Longview Acres con- sisting of 44 lots, located off Route 600, in Newport Magisterial District.. The vote in favor was unanimous. 2. Plat showing Phase I of Ashby Subdivision,. 38 lots, located off Route l7, in Newport Magisterial District. County Administrator Owen and Supervisor Turner informed .the Board members they have an interest in the Ashby Subdivision and did not participate in the discussion. No one appeared in favor or opposition according to the report of the t1 Planning. Director. .The Planning Commission voted to recommend approval. Supervisor Ross moved the Board accept the Planning Commission's recom- mendation and approve the plat showing Phase I of Ashby Subdivision consisting of 38 lots located off Route 17, in Newport Magisterial District. A11 members voted in favor of of the motion except Supervisor Turner who. did not vote. // County Attorney Crook presented the following tax refunds as requested. by the Commissioner of Revenue, Gerald. H. Gwaltney, for the Board's consderat- ion: Charles F. Bailey - due a refund for personal. property. taxes paid in 1986 in the amount of $118.53. Benny Ray Daughtrey - due a refund for personal property taxes paid in 1985 in the amount of $227.25, West End Shell - due a refund for personal property taxes paid in 1986 in the amount of $242.55.. Cecelia Parker - due a refund for personal property taxes paid in 1986 in the amount of $265.97. Mattie Rose. Holmes.- due a refund for personal- property taxes paid in 1986 in the amount of $69.75. Vivian W. Evans -due a refund for personal property taxes paid in 1985 in the amount of $65.25. Supervisor Ross moved the Board approve the personal property tax refunds as recommended by County Attorney Crook. The rsotion carried unanimously.. // County Administrator Owen presented the following refunds as requested by the Building Official, Donald E. Goodwin, for the Board's .consideration: Nelms Company - refund of $26.00 from permit B14518, receipt A5341 because April 2, 1987 of obtaining the permit twice. Page 253 Pollard's Electric - refund of $3.00 from permit B1.6345, receipt A6883 because of obtaining a permit which the homeowner had already .obtained, R, F. Scott - refund of $22,50 for permit B14945, receipt A5701 because of obtaining a permit twice. Supervisor Turner moved the Board approve. the refunds as requested by the. Building Official and recommended by County .Administrator Owen, The vote in favor was unanimous. On motion of Supervisor Turner, the Board voted unanimously to approve the following budget transfer request of Public Works Director, Donald Bernd: 4203-5413 - refuse collection, $2,200 to 4203-7005, vehicle equipment container and 4204-3009, contract services, $4,500_to equipment repairs, Supervisor Twiner moved the Board approve the fallowing budget transfer requests of the .County Administrator: .1102-5895 $89.00 to 2102-3002; 1102-5899 $10,000 to 7100-7003 and 1102-5899-- $58,000 to 8104-3002,. The motion carried unanimously. County Administrator Owen stated he had two items for Executive Session to be held later during the meeting. County Administrator Owen informed the Board members that Dr, A. C, Rogers was present and would like to make some comments relative to the proposed use of the old Smithfield High. School for a retirement housing foundation. Dr, Rogers stated he understood the Board would make a decision today re- lative to the proposed use of the old Smithfield High .School. He spoke .against the proposed plans and read a petition which. had been signed by County citizens opposing same, PETITION We, the following citizens of the Town of Smithfield and the County of_Isle of Wight, are against rezoning the old Smithfield High School property to allow a 40 unit apartment complex. We £eel that as the town and county continue to grow, more and more land will be needed for recreation, college classes, library, senior citizens functions, government offices,, etc. We request that the Old Smithfield High School property be saved far such purposes. As the town and county continue to grow, most of the land left in Isle of Wight is being gobbled up by developers.. We have. nothing against development properly guided by town and. county .governments, but we feel that this property should be retained as a legacy to our children, grandchildren and to the future needs of our county. Dr. Rogers introduced Norma Odom Leonard who stated some 100 petitions were being circulated among the County citizens and asked when. should they present the petitions to the Board. Supervisor Bailey stated he does not feel the Board will be in favor of sell - i April 2, 1987 Page 254 ing the property for the proposed project. // William E. Laine, Jr., Clerk of the .Circuit Court, appeared and stated there were numerous things. that needed to be done to his office. Mr. Laine continued saying improvements and/or changes were needed for the following: lighting, fire supersession system for the vault, replacement of old wiring, wiring for the proposed computer system to be installed and modification of the counter area. Mr. Laine stated he would like to see the specifications worked up as a package and put out for bids. Supervisor Ross moved the Building Committee draw up the specifications for improvements in Mr. Laine's office and put same out for bids. County Attorney Crook stated it would not be fair to ask Supervisor Bailey, as a member of the Building Committee, to donate his services as a professional engineer in working up the specifications and. the County could not compensate him as it would constitute a conflict of interest. Supervisor Turner suggested the architect that is presently working on the Courthouse addition (Talbot & Associates, Ltd..) may be able to give some advice regarding the necessary specifications for the work to be done in Mr. Laine's office. Supervisor Ross withdrew his motion. Mr. Laine informed the Board members that Dave Bugin, of Talbot & Associates, had already been over and looked at the office. Supervisor Bailey moved the Building Committee bring back to the Board a presentation and prices from architects and engineers at the April 16, 19.87 meeting. The vote in favor was unanimous. // Supervisor Bradshaw queried County Administrator Owen as to the progress on the voting machine to be installed in the. Board of Supervisors Room to which County Administrator Owen replied he had not checked into it yet. // Chairman Bradby informed-the Board members he had had a lot of concern... expressed from citizens relative to the Gatling Farm water and sewer system pro- ject and asked. if a meeting had been held regarding same.. County Attorney Crook stated that negotiations with the Town were ongoing and he would have a report at the next meeting. County Administrator Owen informed the Berard members that Ann Simpson April 2, 1987 Page 255 Jones, attorney representing the Brandermill Tidewater Associates, would like. to address the Board regarding the water and sewer connection for the Gatling Farm project, Mrs, Jones said the 240 unit Gatling Point Subdivision is being reviewed on a weekly basis and Smithfield anal Isle of Wight officials must quickly develop a plan to allow the Town to extend sewer lines to the County turf, Mrs, Jones con- timed saying "We can`t .afford to be stymied by this determination of ownership'.' Supervisor Bailey stated he feels the utility should be owned by the County and have cooperation between the Town and the County to tie it in. Supervisor Bailey. continued stating he feels the County .should own the line in the County and the services should be handled by the Isle of Wight County Public Service Authority for the County, including both sewer and water systems. Following discussion, Supervisor Turner moved the. Board approve ?~Irs. Jones' request to allow the development to be hooked onto the Town's sewer line with the understanding that approval of the request does not determine. ownership at this time, and that detailed plans will have to be brought back to the Board for. approval, The mption carried unanimously, Mrs. Jones stated she also represents S. V. Camp, lII who is planning to develop a shopping. center off Route 10 and the Town has indicated that ownership must be established before water and sewer lines will be extended, Mrs. Jones asked the assistance of the Board .and the Sewer and Water Com- mittee to begin negoitating directly with the Town and at the same time work with. the Public Service Authority to take over the systems, Mrs, Jones expressed fear on behalf of her clients stating they will lose the projects because of the lack of determination of the lines' ownership. She (Mrs.. Jones) offered to help to bring the two bodies together in order to begin work on the projects.. Mrs. Jones stated she is asking for general assistance to work out the situation and begged the Board to move forward as soon as passible. Following discussion, Mrs, Jones stated she would work through the. County Administrator and County Attorney regarding this problem, // Chairman Bradby again called for consideration of the following rezoning application: The application of Jahn T. Matthews for a change in zoning classification from A-l, Agricultural Limited, to B-l; Business General, approximately 9.5 acres of land for uses allowed in a Business zone; and from A-l, Agricultural Limited, to R-1, Residential Limited, approximately 3.5 acres of land Page 256 April 2, 1987 forsingle family residential lots. The property fronts on the south side of Route 460 and on the north side of Route 636, west of Route 460 and Route 636 intersection in Windsor Magisterial District. Durwood Scott,.realtor representing the applicant, called and asked that the application be tabled until the April l6, 19$7 Board of Supervisors meet- ing. On motion of Supervisor Turner, the Board voted unanimously to grant Mr. Scott's request to table the .application until April 16, 19$7. ~~ Supervisor Turner moved the Board-appoint Donald Curtis, Route 1, Box 184, Carrollton, Virginia, to serve another term as a member of the Isle of Wight Highway and Safety Commission, The motion carried unanimously. Supervisor Ross-moved the Board appoint Gary Falls, Route 1, Box 179, Carrs- ville, Virginia, Curt More, Juvenile Court, Isle of Wight, Virginia and Rev. Vincent Thomas, Route 2, Box 472-A, Smithfield, Virginia, to serve as members of the Isle of Wight County Substance Abuse Advisory Council. The vote in favor was unanimous. ~~ County Administrator Owen informed the Board members he had received a letter from William K. Barlow advising that Supervisor Turner's term as a member of the Public Service Authority had expired and asked that someone be appointed to fill this capacity.. Chairman Bradby moved the Board appoint Supervisor Turner to serve another term as a member of the Public Service Authority,. The motion passed with Supervisors Bradby, Bradshaw, Bailey and Ross voting aye. Supervisor Turner abstained. ~~ On motion of Supervisor Bailey; the Board voted unanimously to approve the General Fund Bill Register as amended, Supervisor Bailey moved the checks presented by the County Administrator that were written during the month of March which did not appear on the General Fund Bill Registers be approved.. The motion passed unanimously, ~~ County Attorney Crook informed the Board members the March 5, 1987 Board of Supervisors minutes were ready for approval. However, the March 19, 1987. minutes are not ready, stated County Attorney Crook. On motion of Supervisor Ross, the Board voted unanimously to approve the March 5, 1987 Board of Super- visors minutes. ~~ Page 257 April 2, 1987 County Administrator Owen requested an executive session to discuss with Board members and legal counsel matters regarding the sale of property and personnel matters. Supervisor Turner moved the Board go into exeuutive session for the purpose of discussing with staff members and legal counsel sale of pro- perty and personnel matters.. The vote in favor was unanimous. The Board went into executive session at 3:25 P.M. Upon returning the-open session Supervisor Ross moved the meeting be ad- journed. The motion passed unanimously. Henry~by, Chairman W. B. Owen, lerk REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIX- TEENTH 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. Rosy Richard L. Turner Also attending: 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 7:03 P.M.: The invocation was delivered by Supervisor Bailey. ~~ Chairman Bradby called for a public hearing on the 198 7 88 Isle of Wight County School Board budget. Dr. V. J. Morlino, Superintendent of Schools, stated salaries, fixed costs and debt service make up 83% of the proposed budget and noted the influx of new residential development is rapidly increasing the number of students in the County schools.. The School Board's budget proposal calls .for the salary of new teachers to increase from $16,400 to $19,000 and provides other teachers with 13% pay raises. Dr. Morlino stated salaries must be increased in the County to be anywhere near competitive. .The total local share of the budget will rise from $7,9 million to $10,161,363 under the. present proposal. Linda Byrum, Presdnet of the PTA Council, reminded the Supervisors that a teacher's work day does not end at 3:00 P.M. She said other localities less