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03-02-1989 Regular MeetingaooK 14 ;~,.2~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF MARCH IN THE YEAR NINETEEN HUNDRED EIGHTY NINE 1 PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven 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 David J. Murphy, Public Utilities Director Charles W. Phelps, Sheriff William McKay, Planner Steven G. Bowman, Lieutenant, Sheriff's Dept. Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 2:02 P. M. The invocation was delivered by Supervisor Ross. // Supervisor Bradshaw informed R. W. Coates, Resident Engineer, Department of Transportation, that Walter Evans and John Bowser,. residents on Route 619, needed road ditches cleaned out along their property. Mr. Coates informed Supervisor Bradshaw it had been too wet to clean out the ditches. Supervisor Bradshaw also informed Mr. Coates that Robert O. and Thomas G. Alphin, Zuni and Windsor residents respectively, had some road problems they would like to discuss with him. Mr. Coates stated he would contact them. 1 Chairman Bradby informed Mr. Coates that residents in the Mary Wells Subdivision were experiencing problems with driveway. entrances, that the water runs into the ditch and spills over into their driveways. Chairman Bradby asked Mr. Coates to install pipe to help eliminate the problem, to which Mr. Coates replied we do not furnish the pipe, but we will be glad to take a look at the situation, and try to pull enough ditch to get rid of the water. Mr. Coates stated that if the residents would purchase the pipe his department would install same. Mr. Coates also stated that he the would further investigate the matter and get back with the Board. Chairman Bradby informed Mr. Coates that the ditch in Thomas Park, on the opposite side of the road at Hardy Elementary School, needs to be cleaned out because the ditch is shallow and water is backing up in yards of private individuals causing septic tank problems. Mr. Coates stated he would check on the situation. .Supervisor Turner commended Mr. Coates and his department, as well as the Virginia Power Company, for their excellent work during the recent snow storm. // The Chairman called for a public hearing on the following ordinances: a. An Ordinance To Amend The Isle of Wight County Code To Reduce License Fees For Peddlers And Itinerant Vendors 1 County Attorney Crook stated that at adopted a license tax for peddlers at $500 day. Mr. Crook continued stating that at did not have a business license tax for all is necessary to remove the license tax from the County has adopted the business license Crook stated that the proposed ordinances fee and eliminates double taxation. one time the County per year or $20 per that time the County merchants, but now it this ordinance since a tax ordinance. Mr. retains a $10 permit aoaK 14 >K:2~a Supervisor Turner stated he does not feel the proposed ordinance is' adequate and suggested the County Administrator determine a reasonable fee. County Attorney Crook stated that for a fee the governing body has to be able to justify the administrative cost and that is why he suggested a nominal fee of ten dollars. Sheriff Phelps expressed concern relative to enforcing the law. regarding permits due to the fact that most of the people could not produce a permit. The present ordinance requires the permit to be displayed, however, it might aid the Sheriff if the Sheriff's Department could be notified by the Commissioner of Revenue when peddler and/or itinerant vendors are issued permits. Sheriff Phelps also suggested that a~penalty be set for not having permits. County Attorney Crook responded that there is a penalty ordinance in the Isle of Wight County Code. County Attorney Crook stated that at the present time the license tax fee of $500 a year or $20 per day is not enforceable under the present ordinance because there is a business license tax ordinance. County Attorney Crook, in answer to a question from Supervisor Turner, stated that the penalty is a violation of the County Code and the amount of the penalty is set by the judge. Following discussion Supervisor Turner moved the Board adopt "An Ordinance To Amend The Isle of Wight County Code To Reduce License Fees For Peddlers And itinerant Vendors" and directed that County Attorney Crook and County Administrator Standish work together relative to determine amore substantial fee. The motion passed by unanimous (5-0) vote of the Board. AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE TO REDUCE LICENSE FEES FOR PEDDLERS AND ITINERANT VENDORS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that the Isle of Wight County Code, Chapter 13, Section 13-2, be amended to read as follows: Sec. 13-2. License -- Generally. (a) Every person defined as peddler under this chapter shall apply for a license to the Commissioner of Revenue who will issue such license upon the payment of the fee of $10.00 per annum therefor to the County Treasurer. (b) Every person defined as an itinerant vendor under this chapter shall apply for a license to the Commissioner of Revenue who will issue such license upon the payment of the fee of $10.00 per annum therefor to the County Treasurer. (c) Any license for one year issued under subsection (a) or (b) of this section shall expire on December 31 of the year in which issued, and no license tax shall be prorated. b. An Ordinance To Amend The Subdivision Ordinance Of Isle of Wight County To Allow Vacation Of Boundary Lines of Plats And To Require Fees For Vacation Of Plats County Attorney Crook stated the State Code allows the County to vacate boundary lines of plats and charge a fee to defray administrative costs. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to adopt the following ordinance amendment: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY TO ALLOW VACATION OF BOUNDARY LINES OF PLATS AND TO REQUIRE FEES FOR VACATION OF PLATS 1 1 1 BE IT AND IT IS HEREBY ORDAINED by the Board of eooK ~4 >~::-28 i Supervisors of Isle of Wight County, Virginia, that the Subdivision Ordinance of Isle of Wight Count}, Virginia be amended by adding thereto the following provisions: 5-9. Vacation of boundary lines. 1 The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or re-subdivision by the agent provided said vacation is executed by the owner or owners of such land as provided in Section 15.1-477 of the Code of Virginia, as amended, and further provided such action does not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas; and provided further, that no easements or utility rights of way shall be relocated or altered without the express consent of all persons holding any interest therein. 6-0. Vacation of plats. Vacation of plats before the sale of any lot therein shall be pursuant to Section 15.1-481 of the Code of Virginia, as amended. Vacation of plats after the sale of one or more lots therein will be pursuant to Section 15.1-482 of the Code of Virginia, as amended. 6-0-1. Fee for processing applications for vacation of plats. 1 A fee of $150.00 shall be paid to the County of Isle of Wight for processing an application pursuant to Section 15.1-481 or 15.1-482 of the Code of Virginia, as amended, for the vacating of any plat. The Chairman called for a public hearing on the following rezoning applications: a. The application of Roger L. Duke, owner, and William D. Schultz, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, approximately three acres of land located south of the Seaboard Airline Railroad, between Routes 615 and 641, in Windsor Magisterial District. The purpose of the application is for the permanent location of one mobile home. Jim Hart, Hart Realty, appeared representing the applicant and stated they are asking for rezoning on which a home can be built. Mr. Hart stated the adjoining residents had been contacted and no one objected to the rezoning. Mr. Hart stated there is concern regarding a deed conveying the right-of-way to Mr. Duke from William N. Howell. Mr. Hart continued stating the Planning Commission voted unanimously to recommend approval with the understanding that the status of the roadway would be addressed and the deed executed prior to consideration of the application by the Board of Supervisors. Supervisor Bradshaw stated he has been working with both Mr. Nowell and Mr. Duke in an effort to settle the roadway problem. 1 County Attorney Crook stated he has had his assistant investigate County records and records in the Circuit Court Clerk's Office and would like to have the opportunity to complete his investigation before the Board takes action on the proposed rezoning application. County Attorney Crook stated the Board needs to determine the status of the roadway and that his investigation is being done at the request of the Planning Commission. Supervisor Edwards moved the Board table action until the March 16, 1989 Board meeting on the application of Roger L. Duke, aoo~ ~4 ~~~~288 owner, and William D. Schultz, prospective owner, for a change in zoning classification from. A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, approximately three acres of land located south of the Seaboard Airline Railroad, between Routes 615 and 641, in Windsor Magisterial District, in order for County Attorney Crook to complete his investigation. The vote in favor was unanimous (5-0). b. The application of Meyers•Development Corporation for a change in zoning classification from Conditional R-1, Conditional Residential Limited, to Conditional 8-1, Conditional Business General, approximately ten acres of land located on the north side of Route 10, between Route 676 and the Surry County line, in Hardy Magisterial District. The purpose of the application is to allow uses allowed in a business general zone, except the following: theatres and assembly halls, churches, libraries, hospitals, funeral homes, service stations, clubs and lodges, office trailer, radio and television stations. Jacques Meyers appeared and stated he is requesting the B-3 zoning to construct a strip shopping center and motel, and the shopping center would be anchored by a bank. Mr. Meyers asked the Board's favorable consideration. Tom Cromley, adjoining property owner, appeared in opposition expressing concerns regarding whether there is viable business fora strip shopping center and motel, access to the road, adequate drain field for the shopping center and motel, number of rooms for the proposed motel, and an adequate buffer zone between the proposed business district and the residential zone. Mr. Cromley asked the Board to deny the application. Linda Augusta King McGuire, Rescue resident, stated she was opposed to strip development. Mrs. McGuire stated the business sounds good, but she feels there should be a better way than strip development. County Attorney Crook queried Mr. Meyers as to the road frontage and depth for the approximate 10 acres of proposed rezoning. It was determined from the plat in the Board package that the road frontage was 1,250 feet with a depth of 350 feet. Chairman Bradby stated he had received numerous telephone calls regarding the number of units for the proposed motel and asked Mr. Meyers if he would limit the units to twenty, to which Mr. Meyers replied no. Mr. Meyers stated he would need at least eighty units to make a profit. Chairman Bradby also stated that the residents had expressed concern regarding the buffer zone. Supervisor Edwards expressed concern regarding the motel clientele and asked if people would be living there three to four months at a time. Mr. Meyers stated he would be renting rooms to Virginia Power employees possibly on a monthly basis. Supervisor Ross expressed concern relative to granting Mr. Meyers an opportunity to continue to develop prior to completion of previous projects. Supervisor Bradshaw moved the Board approve the application of Meyers Development Corporation for a change in zoning classification from Conditional R-1, Conditional Residential Limited, to Conditional B-l, Conditional Business General, approximately ten acres of land located on the north side of Route 10, between Route 676 and the Surry County line, in Hardy Magisterial District. Supervisor Edwards ascertained from County Attorney Crook proffers had to have been provided in writing prior to the meeting in order to be enforceable. John F. Wynne, County resident, said he had attended two meetings and listened to the various conversations and it was quite nerve wracking. Mr. Wynne suggested the Board members 1 1 1 eooK 14 ~~.:~-2~39 visit the site with Mr. Meyers present so that they would be better prepared for the discussion at the meeting. Following discussion, a vote was taken on the prior motion. The motion carried (3-2) with Supervisors Bradby, Bradby and Turner voting aye and Supervisors Ross and Edwards voting nay. 1 c. The application of William L. Weaver, Jr. and Robin D. Weaver for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, 1.85 acres of land located at the. intersection of Routes 645 and 614, in Hardy Magisterial District. The purpose of the application is for the permanent location of one mobile home. William L. Weaver, Jr. appeared and stated he needed the permit in order to sell the property. No one appeared in opposition. The Chairman stated that the Planning Commission recommended approval by unanimous vote. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of William L. Weaver, Jr. and Robin D. Weaver fora change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, 1.85 acres of land located at the intersection of Routes 645 and 614, in Hardy magisterial District. d. The application of James E. Flaim and Lida R. Flaim for a change in zoning classification from A-1, Agricultural Limited, 1.045 acres and Conditional M-1, Conditional Industrial Limited, .390 acre, to Conditional B-1, Conditional Business General, a total of 1.43 acres of land located at the intersection of Routes 669 and 704, in Newport Magisterial District. ~~~ William H. Riddick, attorney, appeared representing the applicant and stated they desired to move due to the traffic situation. Mr. Riddick stated the site is located at the intersection of Routes 669 and 704 in an area consisting of single family residences, farmland, woods and one commercial use, and approximately one fourth of the property is currently zoned Conditional M-1, Limited Industrial, for woodworking shop and the remainder contains a single family residence. Mr. Riddick asked the Board's favorable consideration. Linwood Scott, adjoining landowner, appeared in favor of the application. Linda Augusta King McGuire, Rescue resident, appeared in opposition. The Planning Commission recommended approval by unanimous vote, stated the Chairman. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of James E. Flaim and Lida R. Flaim for a change in zoning classification from A-1, Agricultural Limited, 1.045 acres and Conditional M-1, Conditional Industrial Limited, .390 acre, to Conditional B-1, Conditional Business General, a total of 1.43 acres of land located at the intersection of Routes 669 and 704, in Newport Magisterial District. 1 e. The application of Claudette J. Slye for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, 1.15 acres of land located on the south side of Route 460, between Route 636 and Windsor Corporate Limits, in Windsor Magisterial District. The purpose of the application is for a business office. Durwood V. Scott, realtor, appeared to represent the applicant and stated Isle of Wight Farm Bureau is the prospective owner of the property. Mr. Scott continued stating he feels it eo~~ ~.4 .~.:~ X90 will be compatible with the nearby proposed shopping center which is being developed on Route 460. Supervisor Edwards moved the Board approve the application of Claudette J. Slye for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General 1.15 acres of land located on the south side of Route 460 , between Route 636 and Windsor Corporate limits, in Windsor Magisterial District. The motion carried unanimously (5-0). // At 4:05 P.M. Supervisor Ross which passed unanimously (5-0). P.M. // moved to have a brief recess, The Board reconvened at 4:12 w. Douglas Caskey, Assistant County Administrator/Community Development, presented the following conditional use permit applications for the Board's consideration: a. The application of Howard Johnson, Sr. and Cora Johnson for a conditional use permit to allow the storage of a mobile home for eighteen months, on 1.21 acres of land located on the south side of Route 621, between Route 10 and the intersection of Route 621 and Route 673, in Hardy Magisterial District. No one appeared in favor or in opposition. The .Planning Commission voted unanimously to recommend approval, said Mr. Caskey. On motion of Supervisor Bradby, the Board voted unanimously (5-O) to approve the application of Howard Johnson, Sr. and Cora Johnson for a conditional use permit to allow the storage of a mobile home for eighteen months, on 1.21 acres of land located on the south side of Route 621, between Route 10 and the intersection of Route 621 and Route 673, in Hardy Magisterial District. b. The application of Thomas H. Stowe, Sr. for a conditional use permit to locate a mobile home for his grandson, Doug Arnette, on 1.738 acres of land located off Route 605, in Newport Magisterial District. No one appeared in favor or in opposition. The Planning Commission recommended approval of the application by a unanimous vote, said Mr. Caskey. Supervisor Ross moved the Board approve the application of Thomas H. Stowe, Sr. fora conditional use permit to locate a mobile home far his grandson, Doug Arnette, on 1.738 acres of land located off Route 605, in Newport Magisterial District. The motion carried unanimously (5-0). c. The application of Mary H. Stephens for a conditional use permit to locate a mobile home for her grandson, John Brian Stephens and his immediate family, on four acres of land located on the northwest side of Route 258, between Routes 619 and 614, in Windsor Magisterial District. Brian Stephens appeared and asked the Board's favorable consideration. Jimmy Bradshaw, Walters resident, appeared on behalf of his sister, in opposition. The Planning Commission recommended denial of the application by a unanimous vote, said Mr. Caskey. 1 1 Following discussion, Supervisor Bradshaw moved the Board approve the application of Mary H. Stephens for a conditional use permit for a period of two years to locate a mobile home for her grandson, John Brian Stephens and his immediate family, on four Boon 14~~:2!:~1 acres of land located on the northwest side of Route 258, between Routes 619 and 614, in Windsor Magisterial District. The vote in favor was unanimous (5-0). 1 d. The application of John F. Wynne for a conditional use permit to locate a mobile home for his granddaughter, Rebecca C. Drummond and her immediate family, on one hundred fifty acres of land located on the north side of Route 10, between Route 10 and the James River, in Hardy Magisterial District. John F. Wynne appeared. No one appeared in opposition. The Planning Commission recommended approval of the application by unanimous vote, stated Mr. Caskey. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of, John F. Wynne for a conditional use permit to locate a mobile home for his granddaughter, Rebecca C. Drummond and her immediate family, on one hundred fifty acres of land located on the north side of Route 10, between Route 10 and the James River, in Hardy Magisterial District. Assistant County Administrator/Community Development, W. Douglas Caskey, presented the Board members an update on the status of the comprehensive land use plan. Mr. Caskey also gave the Board members an update on the street numbering program. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to delegate review and ranking of consultants for the house numbering project, with staff to conclude and recommend contract to the Board of Supervisors. 1 // Supervisor Turner moved the Board accept the waterline easement deed from Eunice Daughtrey and pay her $400 for same. The vote in favor was unanimous (4-0). // County Administrator Standish introduced John Oarlock, of the Southeastern Virginia Planning District Commission, gave the Board members a briefing summarizing the background and conclusions of the groundwater research conducted by the U. S. Geological Survey and State Water Control Board on groundwater in the Coastal Plain of Southeastern Virginia. Superivsor Edwards moved the Board adopt the following resolution to accept and appropriate five hundred ninety seven dollars from the Commonwealth of Virginia, Department of Motor Vehicles for a highway safety mini-grant. The motion passed by unanimous (5-0) of the Board. RESOLUTION TO ACCEPT AND APPROPRIATE FIVE HUNDRED NINETY SEVEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MOTOR VEHICLES FOR A HIGHWAY SAFETY MINI-GRANT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded a grant from the Commonwealth of Virginia, Department of Motor Vehicles, for a highway safety mini-grant, and L WHEREAS, the funds in the amount of five hundred ninety seven dollars ($597) to be received from the Commonwealth of Virginia, Department of Motor Vehicles need to be appropriated to the Police Traffic Services line item in the 1988-89 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five hundred ninety seven dollars ($597) to be received from the Commonwealth of Virginia, Department of aooa 14 r~:2~~ Motor Vehicles be appropriated to line item 28-5113-7002, Police Traffic Services, equipment in the 1988-89 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. On motion of Supervisor Turner, the Board voted unanimously (5-O) to approve payment of $1,800 for underground electric services to the new library facility at the old Smithfield High School. // W. Douglas Caskey, Assistant County Administrator/Community Development, distributed information relative to the proposed street names in Isle of Wight County. County Administrator Standish recommended the Board set a date for a public hearing to consider same, and adopt a final list this spring to keep in concert with Enhanced E911. Supervisor Turner stated citizens in his area had been calling him relative to the charge of $1.00 per month on their telephone bill for E911 which is not in effect as yet. County Administrator Standish stated the citizens are being billed in order that the telephone company can access the work to defray the costs. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to conduct a public hearing April 20, 1989 for consideration of the street naming project. Supervisor Edwards moved the Board direct County. Administrator Standish and County Attorney Crook to ask the King's Colony developers to provide a traffic impact study, based upon the intended ingress/egress route, within the next two weeks (for the March 16, 1989 Board meeting). The motion carried unanimously (5-0). // Sheriff Charles W. Phelps advised the Board members he would have his activity report at the next Board meeting. // On motion of Supervisor Bradshaw, the Board voted unanimously (5-0) to approve County Attorney Crook attending a seminar the last week in April for attorneys who advise local governments relative to federal laws application to local government. 0/ on recommendation of County Attorney Crook and motion of Supervisor Ross, the Board voted unanimously (5-0) to adopt the February 2, 1989 Board of Supervisors minutes. // At 5:37 P. M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0). Myles ~. Standish, Clerk yL ~- -r 'Henry ~ radby, Chairman 1