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08-04-1988 Regular Meetinge ~ooK 14 ~~~~172 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas L. Ross Richard L. Turner Also-attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator 'W. Douglas Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator Sheriff Charles W. Phelps Hilda W. Harmon, Budget and Finance Director Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 2:02 P.M. and delivered the invocation. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, informed the Board members that he has been working on control of dust on Route 696 and will keep the Board posted accordingly. Mr. Coates informed the Board members that there would be an additional $48,000 needed from the County for the secondary road construction projects and the State would add matching funds. On motion of Supervisor Turner, the Board voted unanimously (5-0) to adopt the following resolution: RESOLUTION ' Distribution of 1987-88 Revenue Sharing Balance WHEREAS, Section 33.1-75-1 of the Code of Virginia provides that when a County designates a sum, not exceeding 15 percent of the County~s Revenue Sharing Funds, for use by the Highway and Transportation Board for the construction, maintenance or improvement of secondary roads in such County, that the Highway Board shall match such Revenue Sharing Funds as first priority allocation. NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors hereby designates the balance from Budget Item 5603 for Fiscal Year 1987-88 for use in the construction, maintenance and improvement of secondary roads in the County of Isle of Wight, Virginia, to wit, to place lights and/or gates at the following Norfolk and Western Railroad crossings: 0641046-535, FS709 - $65,000.00 1701-046-S36, FS710 - ,$65,000.00 AND, FURTHER, to construct and pave the following projects: 0665-046-224, M501 - $70,000.00 0665-046-224, M502 - $48,217.82 Mr. Coates stated that hopefully in October there will be traffic on the bridge over the Chuckatuck Creek on Route 17. Mr. Coates also }nformed the Board members that there will be a public hearing in the fall on the proposed five lanes for traffic on South Church Street in Smithfield. Supervisor Bradshaw informed Mr. Coates that the ditches needed to be cleaned out in the Jamestown area and asked Mr. Coates to contact Rev. Willis Freeman Yegarding same. Supervisor Bradshaw also expressed concern relative to the road system behind the John Beverly Rose Airport. Mr. Coates stated this is a subdivision and the Department of Transportation D 1 ao~K 14 ~~~~~173 has reviewed same and made a list of things that needs to be .done. Mr. Coates continued stating the plans need to be approved, bonds posted, drainage problem corrected and the road system has to be brought up to State standards before accepting it into the State system. Mr. Coates stated he would review the situation and advise County Administrator Standish accordingly. Supervisor Turner stated there was a similar situation in the Sugar Hill area and stated he would like to see the Board keep the bond at the full amount until .the roads are accepted into the State system. County Administrator Standish suggested keeping bonds at the full amount until the project is completed. Chairman Bradby asked if the bond had been posted for the subdivision on Route 626, to which Mr. Coates replied he would review and advise .the County Administrator. R. L. Walker, representing the Central Hill Community Club, expressed concern relative to the ditch problem in the Central Hill area. Mr. Walker stated some of the ditches are too deep and the pipe needs to be lowered. Mr. Coates stated he would check on it. // The Chairman called for a public hearing on the following rezoning applications: 1. The application of Vasco D. Boyd, Sr. and Ruth A. Boyd for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, and Conditional M-1, Conditional Industrial Limited, approximately .5 acre of land located off the south side of Route 661, Lot 3 of the B. T. Newbill Subdivision,° in Newport Magisterial District. The purpose of the application is to use the existing accessory structure as an office, allow lumber and building supply (with storage under cover) a business .sign on the office and storage of roofing contractor's equipment. Vasco D. Boyd, Sr. appeared and asked for a change in zoning to approximately .25 of an acre instead of .50 acre. Mr. Boyd stated the change was approved by the Planning Commission during their meeting and he was unaware it would be presented to the Board of Supervisors as .50 acre instead of .25 acre. Mr. Boyd continued stating he needed the space for storage, that 95$-98$ of his business is done over the telephone and there will be no additional traffic in and out. Mr. Boyd asked the Board's favorable consideration. Mr. Crook advised the Board that the Planning Commission recommended approval conditioned on the area to be rezoned limited to the existing accessory building and fenced-in area only with all storage being within the building and fenced-in area. Mr. Boyd added that he agreed to those conditions and was proffering same. No one appeared in opposition. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of Vasco D. Boyd, Sr. and Ruth A. Boyd for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General,, and Conditional M-1, Conditional Industrial Limited, approximately .25 acre of land located off the south side. of Route 661, Lot .3 of the B. T. Newbill Subdivision, in Newport Magisterial District with the condition that the area rezoned and all stroage be limited to the accessory building and adjacent fenced-in area. 2. The application of Charlie C. Gregory for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-l, Conditional Residential Limited, 60 acres of land located off the west side of Route 602, between Routes 600 and 644, in Newport Magisterial District. The purpose e~oK 14 ?~~~174 of the application is for no more than 35 single family residential lots. Charlie C. Gregory appeared and stated the best use of the land would be for a subdivision. No one appeared in opposition. Assistant County Administrator/Community Development Director, W. Douglas Caskey, stdted the Planning Commission recommended denial expressing concern that when the original application was considered by the Commission for Springfield Downs, Section I; the total acreage was revised from two hundred and fifteen acres t,o ninety-four acres, in an effort to decrease the size and density of the subdivision, and the Commission cited that the reduced acreage was more compatible with the rural area in which the property is located. County Attorney Crook stated the application was originally from S. V. Camp and did not include this tract and the Planning Commission asked him what he was going to do with the rest. Mr. Camp stated he had not yet decided. Mr. Crook continued stating that Mr. Camp developed the front portion of the parcel and sold the back protion. Supervisor Ross expressed concern relative to fire protection. Mr. Gregory stated he plans to have a 20,000 gallon water storage tank` with a capacity of 20,000 gallons and a hydrant on it. Supervisor Edwards moved the Board concur with the Planning Commission's recommendation and deny the application of Charlie C. Gregory for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, 60 acres of land located off the west side of Route 602, between Routes 600 and 644, in Newport Magisterial District. The motion was defeated with Supervisors Edwards and Bradby voting aye and Supervisors Bradshaw, Ross and Turner voting nay. Supervisor TurnerA~oved the Board approve the application of Charlie C. Gregory fox a change in zoning classification from A-1, Agricultural Limited, to Conditional R-l, Conditional Residential Limited, 60 acres of land located off the west side of Route 602, between Routes 600 and 644, in Newport Magisterial District with the proffered condition of no more than 35 lots. The motion carried with Supervisors Bradshaw, Ross and Turner voting aye and Supervisors Bradby and Edwards voting nay. Chairman Bradby called for a public hearing on the following special use permit application: 1. The application of E. E. Holloway Estate, owner, and Septa Bowmen, lessee, for a special use permit for an archery range on approximately 8 acres of land located on the south side of Route 620, between Routes 10, 32 and 68.5, in Newport Magisterial District. Robert ,P. Taylor, III and Allen P. Thacker appeared representing Septa Bowmen and the E. E. Holloway Estate. Mr. Taylor stated they are seeking a place for the public and local club members to practice archery. Mr. Taylor continued stating their members are actively involved in competitive archery and the E. E. Holloway Estate has offered to let them use the area for a archery range until 1995 at which time the timber will be cut. Mr. Taylor stated their club will be sanctioned and-insured by the NAFFA, there will be portable johns, and the range- cannot be seen from Route 620. Mr. Taylor and Mr. Thacker asked the Board's favorable consideration. No one appeared in opposition. Supervisor Edwards moved the Board approve the application of E. E. Holloway Estate, owner, and Septa Bowmen, lessee, for a special use permit for an archery range on approximately 8 acres of land located on the south side of Route 620, between Routes 10, 32 and 685, in Newport Magisterial District. The motion passed by unanimous (5-0) vote of the Board. // Bo~~ 14 ~h~~175 On motion of Supervisor Edwards, the Board voted unanimously (5-0) to adopt the following resolution encouraging the General Assembly of the Commonwealth of Virginia to favorably consider allowing localities to assess fees for off-site public improvements. RESOLUTION ENCOURAGING THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIRGINIA TO FAVORABLY CONSIDER ALLOWING LOCALITIES TO ASSESS FEES FOR OFF-SITE PUBLIC IMPROVEMENTS WHEREAS, new developments in localities create demands for additional services and facilities; and WHEREAS, under the current structure of the Code of Virginia, localities may not assess fees to assist in the funding of new or expanded services or facilities other than sewage, `water and drainage to serve the demands created by new developments; and WHEREAS, localities in Virginia lack other alternatives to generate revenues necessary to finance such improvements; and WHEREAS, the Joint Subcommittee Studying Off-Site Road Improvements is currently evaluating this most critical issue, and has requested appropriate comments from .localities relative to off-site public improvements; local zoning and subdivision regulation authority; and the impact of land development on the public infrastructure. NOW, THEREFORE, BE ZT RESOLVED by the Board of Supervisors of Isle of Wight County that the Joint Subcommittee Studying Off-Site Road Improvements be urged to report to the General Assemb y of the Commonwealth of Virginia of the critically important need for appropriate changes in the Code of Virginia to allow localities to assess development impact fees for off-site public improvements. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Isle of Wight General Assembly delegation with the request that they strongly support and encourage such changes in the State Code. On motion of Supervisor Turner, the Board voted unanimously (5-0) to authorize Chairman Bradby to formally vote on any matters that may come up at the NACO Conference during the week of August 9, 1988 as the Isle of Wight .County representative to said conference. Supervisor Turner moved the Board direct County Administrator Standish to ask fqr State assistance relative to developing a Farmers Market in the County. The motion carried. ~` unanimously (5-0). // Sheriff Phelps presented the following activity report for the month of July: 2,964 man hours; 38,6.39 mileage; 1,018 papers served; 252 response to calls; 15 prisoner transports; 14 mental patient transports; 26 misdemeanors - 20 arrests; 21 felonies - 5 arrests; 54 traffic summons issued and $1,365 fines collected. // 1 • Supervisor Edwards. expressed concern relative to access to keys to the Windsor Schools for use of the schools in case of an emergency such as tornados, etc. Following discussion, County Administrator Standish stated he would work with the School Administration and Sheriff's Department regarding the accessibility to the keys when needed. // Supervisor Turner informed the Board members that a County citizen, Julius Powell, Carrollton, had had his mobile home °: destroyed by fire. Supervisor Turner stated further that Mr. ao~K 14~c~176 Powell had a new mobile home and a lot on which to locate it and asked if there was a way a temporary conditional use permit could be provided Mr. Powell as a hardship case. County Attorney Crook advised that was contrary to the County ordinances. Following discussion, the Board directed County Administrator Standish to handle the problem administratively. // On motion of Supervisor Edward, the Board voted unanimously (5-0) to authorize the Chairman to write a letter to the Virginian Pilot editor relative to Isle of Wight County not being mentioned in the booklet "Discover Hampton Roads" although County Attorney Crook advised the Board of Supervisors they should not indulge in "writing letters to editor" as a Board. Supervisor Turner moved the Board direct County Administrator Standish to draft a letter to Pamela Fitzgerald, Child Welfare Supervisor, Department of Social .Services, Richmond, Virginia, in support of a more uniform procedure for the locating of foster children stating the County would certainly support regulations and changes that would assist in the above. The motion carried unanimously (5-0). // Chairman Bradby called for the Board's consideration of the application of W&W Land, Inc. for a change in zoning classification from A-1, Agricultural Limited,' to R-A, Rural Residential, approximately 68 acres of land located on the- west side of Route 652, between Routes 654 and 600, in Newport Magisterial District. The purpose of the application is for a rural residential subdivision. (Tabled July 7, 1988.) A. L. Jones, Jr., attorney representing the applicant, stated no significant discussions had taken place between the landowners and the applicants and asked the Board to table. the' application unt~'1 the September 1, 1988 meeting: Supervisor Edwards moved the Board grant Mr. Jones' request and table action on the application of W&W Land, Inc. for a change in zoning classification from A-1, Agricultural Limited, to R-A, Rural Residential, approximately 68 acres of land located on the west side•of Route 652, between Routes 654 and 600, in Newport Magisterial District. The vote in favor was unanimous (5-0). ~~ County Attorney Crook recommended the Board approve the minutes of June 16 and June 24, 1988 meeting of the Board of Supervisors. Chairman Bradby moved the Board approve the June 16 and June 24, 1988_ minutes. The motion passed (5-0) unanimously. // On motion of Supervisor Turner, the Board voted unanimously (5-O) to go into executive session to discuss with legal counsel and staff members contract negotiations for professional services and. regarding personnel. The Board went into executive session at 3:11 P.M. and returned to open session at 5:10 P.M. // On motion of Supervisor Ross, the Board opted unanimously (5-0) to adopt the Pay and Personnel Plan prepared by the Municipal Advisers, Inc. with the job description of the Codes Inspector being amended to enforcing County Ordinances and not the Building Codes and that the Codes Inspector not be under the supervision of the Building Inspections (Official). // County, Attorney Crook reported that he had contacted the Superintendent of Schools and that it appeared that the Board and School Board members could meet September 8, 1988 at 6:30 P.M. as requested by the Board of Supervisors. Mr. Crook said he would discuss this further with the School Board at their meeting on August 11th and advise accordingly. 1 f'~~ //