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08-06-1987 Regular MeetingPage 363 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS THE SIXTH DAY OF AUGUST 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: Ann S. Jones, Acting County Attorney Myles E. Standish, County Administrator Terry D. Lewis, Planning Director Betty Scott,. Secretary Chairman Bradby called the meeting. to order at 2:01 P. M. The invocation was delivered by Supervisor Turner. // R. W. Coates, Resident Engineer, Department of Highways and Transportation, informed the Board members work had begun on the Chuckatuck Creek Bridge and hopefully it would be completed within the recommended time frame. Supervisor Bradshaw asked Mr Coates to contact Bob Faison, at the Franklin Oil Company, relative to cleaning out nearby ditches. Supervisor. Bradshaw also queried Mr. Coates regarding the holes in the Blackwater River Bridge to which Mr. Coates replied the bridge is an open face and caves into the river. We have. personnel working on the bridge now and the work should be completed by Friday, stated Mr. Coates. Supervisor Bailey informed Mr. Coates that the railroad crossing at Routes 638 and 460 need to be repaired in order that the crossing will be level and not out of line with. vehicular travel. Supervisor Bailey asked Mr. Coates if the road .could be raised on a safety project. Mr. Coates replied there is no money available,-you would have put it in the "Six Year .Plan" or use revenue money. Supervisor Bradshaw stated the area will need to be widened to which Mr. Coates replied yes we will raise it two or three feet. Mr. Coates stated further that the matter has been taken up in Richmond. Chairman Bradby informed Mr. Coates the weeds and bushes needed to be cut on Route 676. The Chairman informed Mr. Coates there are still a lot of accidents near the Gravel Hill Baptist Church and asked Mr. Coates if an engineer could meet with them and look at the area to see what .could be done to help eliminate .the accidents. Mr. Coates stated they would meet Chairman Bradby and look at the. problem area. Millard Forbes, County citizen, appeared and expressed concern regarding the railroad crossing at Route 638 and Route 460. // Chairman Bradby called for a public hearing on "An Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Require Conditional Use Permits For Clubs and. Lodges". No one appeared in favor or opposition. The Planning Commission recommended approval. On motion of Supervisor Bailey, the Board voted unanimously to 'adopt the "Ordinance To .Amend The Zoning Ordinance Of .Isle of Wight County To Require Conditional Use Permits For Clubs and Lodges". ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT August 6, 1987 Page 364 COUNTY TO REQUIRE CONDITIONAL USE PERMITS FOR CLUBS AND LODGES BE IT AND IT IS HEREBY ORDAINED by the Board of Super- visors of Isle of Wight County, Virginia that the following provisions of Zoning Ordinance of Isle of Wight County, Virginia, be amended to read as follows: 2-1-5. Lodges with conditional use permits, hunt- ing clubs and boating clubs. 3-1-21. Lodges with conditional use permits, golf clubs. 5-1-9. Clubs and lodges with conditional use permits. Adopted this 6th day of August, 1987. The Chairman called for a public hearing on the following rezoning applications: 1. The application of Norman Stokes, owner, and James E. Holland, prospective owner, for a change in zoning classification from A-l, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located off the west side of Route 641, between Route 615 and the Suffolk City line, in Windsor Magisterial District. The purpose of the application is for the permanent location of one mobile home. Norman Stokes appeared. No one appeared in opposition. The Planning Commission voted unanimously to recommend approval. Supervisor Bradshaw moved the Board approve the application of Norman Stokes, owner, and James E. Holland, prospective owner, for a change in zoning classification from A-l, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located off the west side of Route 641, between Route 615 and the Suffolk City line, in Windsor Magisterial District. The vote in favor was unanimous. 2. The application of Edwin Jenkins for a change in zoning classification from A-l, Agricultural Limited, to Con- ditional A-2, Conditional Agricultural General, .5455 acre of land located on the south side of Route 661, between Route 17 and Batten Bay, in Newport Magisterial District. The purpose of the application is to operate an antique shop and located a business sign. Edwin Jenkins appeared. No one appeared in opposition. The Planning Commission voted to recommend denial, stated the Chairman. Supervisor Turner moved the Board approve the application of Edwin Jenkins for a change in zoning classification from A-1, Agricultural Limited, to Conditional A-2, Conditional Agricultural General, .5455 acre of land located on the south side of Route 661, between Route 17 and Batten Bay, in Newport Magisterial District. The motion carried unanimously. 3. The application of S. Othello Batten for a change zoning classification from A-1, Agricultural Limited, to Condtional R-A, Conditional Rural Residential, approximately 26 acres of land located on the north side of Route 626, between the Route 10 bypass and Route 677, in Hardy Magisterial District. The pur- pose of the application is for no more thna six rural residential lots. Otehllo Batten appeared and stated they had decided .not to go ahead with 26 acres, but only 10 acres. Mr. Batten continued stating electrical services had already been obtained for the three lots, the driveway will be gravel and the application has i August 6, 1987 Page 365 been approved by the Planning Commission. Mr. Batten asked the Board's favorable consideration. Supervisor Turner moved the Board approve the application of S. Othello Batten for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 10 acres rather than the 26 acres advertised, of land located on the north side of Route 626, between the Route 10 bypass and Route 677, in Hardy Magisterial District. The motion passed by unanimous vote of the Board. 4. The application of James Morris Slade, owner, and Andrew Thomas Sustare and Edward Curtis Oten, pros- pective owners, for a change in zoning classification. from A-l, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 15 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 applica- tion is for two rural residential lots. Andrew T. Sustare appeared and stated they would like to divide the land for two residential homes. No one appeared in opposition. The Planning Commission voted unanimously to recommend approval. Supervisor Ross moved the Board concur with the Planning Commission's recommendation and approve the application of James Morris Slade, owner, and Andrew Thomas Sustare and Edwin Curtis Oten, prospective owners, for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 15 acres of land located on the south side of Route 646, between the Southampton County line and Route 681, in Hardy Magisterial District. .The vote in favor was unanimous. 5. The application of Richard L. Turner and Edna S. Turner, owners, and Stephen B. Strickland, Inc., prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-l, Conditional Residential Limited, approximately 87 acres of land located on the west side of Route 10, between Routes 620 and 600, in Newport Magisterial District. The pur- pose of the application is for no more than 134 single family residential lots. William H. Riddick, III, attorney representing the applicants, stated the applicants are asking for reclassification from A-1 to R-l. Mr. Riddick distributed a revised plat which was prepared following the Planning Commission meeting which included some suggested changes made by the Planning Commission. Mr. Riddick continued stating the lots had been reduced, to 93 instead of the proposed 134 lots which would cause some Lots to be larger and some lots to be smaller. Stephen B. Strickland appeared. No one appeared in opposition. The Planning Commission recommended denial noting that density as permitted under the R-1 zoning district was not desirable at this location. Supervisor Bailey expressed concern relative to the gas line and the Virginia Power easement. Mr. Strickland replied to Supervisor Bailey's concerns saying they had not been able to estimate the gas line except by aerial photos. Mr. Strickland continued saying there will be no more than 93 lots and they would work around the gas line and the Virginia Power easement. Following discussion, Supervisor Bailey stated he felt the application should be returned to the Planning Commission for further study and consideration. August 6, 1987 Page 366 Robert Taylor, adjoining landowner, stated he feels that anything he said would be premature because he feels the Planning Commission should review the application again since there has been changes. Ann Simpson Jones, Acting County Attorney, asked Planning Director Lewis and County Administrator Standish if they had received anything in writing regarding the revised proffered conditions, to which they replied no. Following discussion, Supervisor Bailey moved the application of Richard L. Turner and Edna. S. Turner, owners, and Stephen B. Strickland, Inc., prospective owners, for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-l, Conditional Residential Limited, approximately. 87 acres of land located on the west side of Route 10, between Routes 620 and 600, in Newport Magisterial District be returned to the Planning Commission for further study and reconsideration. All Board members voted in favor except Supervisor Turner who abstained. 6. The application of Francis P. Norsworthy, Jr. and Rebecca Norsworthy and Carl W. and Dell H. Tuggle for a change in zoning classification from R-A, Rural Residential, to Conditional B-l, Conditional Business General, 26.99 acres; Conditional R-2, Conditional Residential General, 78.12 acres and Conditional R-3, Conditional Townhouse Residence District, 19.19 acres of land located on the west side of Route 711, between Routes 670 and 665, in Newport Magisterial District. .The purpose of the application is for commerical, single and multiple family residences and townhouses. Supervisor Ross stated the applicant had telephoned and requested the application be withdrawn. Supervisor. Bailey moved the Board approve the applicants' withdrawal,reques~ subject to receipt of :written request for withdrawal. The vote'in favor was unanimous. // Acting County Attorney Jones requested the agenda be amended to discuss Item VII, New Business, at this time since it will be necessary for her to leave the meeting early and possibly the Board will need legal assistance. relative their item. Supervisor Turner moved the Board comply with Mrs. Jones' request. The motion passed unanimously. Dr. V. J. Morlino, Superintendent of Schools, asked the Board to support $1.7 million in bonds for air conditioning two schools, building an auditorium at Smithfield High School and upgrading other school facilities in 1987-88. Dr. Morlino continued stating the. project would be financed with low interest .bonds from the Virginia Public .School Authority. Dr. Morlino also asked the Board to hold a public hearing on Thursday, August 20, 1987, to consider approving $1,765,000 for same. Following discussion, Supervisor Bailey stated the bond issue is a back door method by the School Board to spend money without getting the public's approval and he would support letting County voters decide in a November referendum if the County should support air conditioning the schools. and building auditoriums at Smithfield and Windsor. Supervisor Bailey stated I'm willing to commit to building an auditorium if the people vote fort; if people say build a half dozen auditoriums,. I'll vote for it. Spending. the money without voter support would be mistreating the people, said Supervisor Bailey. Dr. Morlino stated the School Board has had a number of requests over the years and the needs are not going away. We will have to work with them, said Dr. Morlino. August 6, 1987 Page 3.67 Supervisor Bradhhaw stated, Dr. Morlino, we're going through trying times now. There's no way in the world we can keep going like we are. We've got to cut somewhere. When you come up with all these figures and everything, it's outrageous. It doesn't even make sense, said Supervisor Bradshaw. Following discussion, Supervisors Ross, Turner and Bradby expressed a willingness to work with the School Board on funding some priority .projects like air conditioning at a cost. of $1,305,000. Supervisor Turner moved the Board advertise a public hearing on August 20, 1987 to consider spending $1,305,000 on air conditioning five county schools and that County Attorney Crook be authorized to sign the resolution requesting the bonds subject to the Board adopting same on August 20, 19878. The motion passed with Supervisors Turner, Ross and Bradby voting aye and Supervisors Bailey and Bradshaw nay. // Supervisor Turner moved the agenda be amended to hear Item IV, Planning Commission report at this time.- The motion carried unanimously. Planning Director Lewis presented the following subdivision plat for the Board's consideration: Plat showing division of property owned by W. C. Sawyer Plumbing Company, Inc. located on Route 17 in Newport Magisterial: District. _ _ No one appeared in favor or opposition. Planning Director Lewis informed the Board members that the above subdivision plat was approved March 26, 1986, but it _ inadvertently was not recorded within the six months period of time following County approval. Therefore, it must be reapproved before it can be recorded, stated Mr. Lewis. Mr. Lewis continued stating all agencies have reviewed the plat and have no objections to reapproval. Supervisor Turner moved the Board reapprove the plat showing division of the property owned by W. C. Sawyer Plumbing Company, Inc. located on Route 17 in ,the Newport Magisterial District. The vote in favor was unanimous. Supervisor Bailey suggested County Administrator Standish to follow up on an ordinance to require that all plats be recorded within 30 days after approval. Planning Director Lewis presented the following conditional use"permit application for the Board's. consideration: The application of Edwin Jenkins for a conditional use permit to locate a business sign no larger than four square feet, ten feet from the Route 66.1 right-of-way on .5455 acre of land in Newport Magisterial District. Edwin Jenkins was present. No one appeared in opposition. The Planning Commission recommended denial based upon public comments and its action pertaining to the rezoning application, said Planning Director Lewis. Supervisor Turner moved. the Board approve the application of Edwin Jenkins for a conditional use permit to locate a business sign, no larger than four square feet,-'t:en° feet from the Route 661 right-of-way on .5455 acre of land in Newport Magisterial. District. .The motion carried unanimously. // August 6, 1987 Page 368 Millard Forbes, County resident, expressed concern about the. trash pick-up sites in his area. Mr. Forbes also opposed the proposed location for the Windsor sewer plant site. // At 3:48 P.M. Supervisor Turner moved the Board have a ten minute recess. The motion carried unanimously. The Board reconvened at 4:07 P.M. // County Administrator Standish introduced Cy Coiner, Blue Cross/Blue Shield Insurance representative, who explained the insurance plan for the County employees. Supervisor Bailey stated he would like an opportunity to discuss his personal policy with Mr. Coiner. County Administrator Standish informed the Board members that a request had been received from the City of Portsmouth asking for, financial assistance to cover a deficit of the Regional Southeastern Virginia Alcohol Safety Action Program in the amount of $8,249 as a pro-rata share based upon County residents served by the ASAP program. County Administrator Standish continued stating this deficit situation occurred because of management difficulties .and misunderstandings between the program administrators and the state agency. On motion of Supervisor Bailey, the Board voted unanimously not to support the City of Portsmouth's request to help finance the Southastern ASAP program. At the request of County Administrator Standish and on motion of Supervisor Ross, the Board voted unanimously to approve the following building permit refunds: R. L. Harrison & Associates, permit B14914, receipt A5677 for $22.00; Robert W. We11s, Jr., permit B16411, receipt A6942 for $30.00; Bailey Enterprises, permit B17029, receipt A7458 for $100.00 and R. L. Stephenson, permit B17273, receipt A7657 for $3.00. .County Administrator Standish informed the Board members that a letter had been received from the Isle of Wight County Public Service Authority requesting that the Jamestown Sewer system be deeded in full to the Public Service Authority. Following discussion and due to the fact the Board did not have legal counsel present, Supervisor Turner moved no action be taken at this time. The vote in favor was unanimous. County Administrator Standish informed the Board members that Treasurer Perry had provided the delinquent and real estate taxes subject to sale June 30, 1987. // Supervisor Bailey informed the Board members the Building Committee and Mr. Standish had met regarding the renovation work in the Clerk's Office which is coming to conclusion. However, there is some legal action and we are waiting for County Attorney Crook's return. Supervisor Bailey informed the Board members that no walkway was recommended for the new construction and the Building Committee recommended the walkway be extended to the brick wall. Supervisor Bailey also informed the Board members the Building Committee recommended the two rooms on the second floor have an interior and exterior exits. On motion of Supervisor Bailey, the Board voted unanimously to approve the recommendations of the Building Committee regarding the walkway extension and the interior and exterior exits to the Courthouse addition on the second floor. County Administrator Standish stated he had a couple of matters for executive session later during the meeting. // ~j August 6, 1987 Page 369 Supervisor Turner moved the amendment to the General Fund Bill Register be approved. The vote in favor was unanimous. On motion of Supervisor Turner, the Board voted unanimously to approve the General Fund Bill Register as amended. The motion. passed unanimously. Supervisor Turner moved the Board approve the checks written in July 1987 which did not appear on the General Fund Bill Registers. The motion passed by unanimous vote of the Board. // Supervisor Turner moved the Board go into executive session to discuss personnel matters and intergovernmental matters. The vote in favor was unanimous. The Board went into executive session at 4:40 P.M. and returned to open session at 4:55 P.M. On recommendation of County Administrator Standish and on motion of Supervisor Bailey, the Board voted unanimously to employ the firm of Linton, Mields, Reisler & Cottone, Ltd., at a cost of $1,400 to perform a study of State and Federal programs that can assist the County. Supervisor Turner moved the Board approve the employment of David M. Griffith & Associates of Richmond to conduct an accounting study to determine the County's indirect costs at a cost of $3,400. The motion passed unanimously. On recommendation of County Administrator Standish and on motion of Supervisor Bailey, the Board voted unanimously to employ three new staff positions; namely: a community development director, at a salary of $37,000 annually, an assistant to the county administrator at $25,000 annually and a budget and finance coordinator at $25,000 annually. The employees are needed to help plan orderly growth, said County Administrator Standish. // At 4:55 P.M. Supervisor Ross moved the meeting be adjourned. The motion passed unanimously. !/ Henry H. Bradby, Chairman T. Myles E, tandish, Clerk