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02-21-1991 Regular MeetingeDOK 14 K~~f:~~(~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIRST DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED NINETY ONE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross .Richard L. Turner (Arrived at 7:10 P.M.) Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 7:OO P.M. The invocation was delivered by Chairman Bradby. // Chairman Bradby called for a public hearing on'the following: Changes to Road Name Duplications Recommended by MSAG and Reviewed by the Street Naming Committee and Planning Commission; Changes to Street Name Designations Requested by 'Citizens; and Additional Private Lanes Requiring Naming W. Douglas Caskey, Assistant County Administrator/Community Development, stated he had handed out to the Board updated information pertaining to consideration of changes to the names of certain public and private streets and the assignment of names to additional private streets. Chairman Bradby called for citizens to speak regarding the street naming of private roads. Jerry Watson of Zuni stated he had received the name of Old Gum Tree Circle for the road he lived on and requested the street name change to Sand Pit Road. Mr. Watson continued he, along with others in the area, did not receive notification that they could have input in naming the road. Jerry Dashiell who presently lives on Berry Hill Farm stated he would like the name to remain Berry Hill Farm Road instead of Dashiell Way. Judith Fallpin who presently lives on the Old Sand Pit Road in Zuni stated she wanted to keep the name of Old Sand Pit Road. Ms. Outten stated she would also like to keep the name of Old Sand Pit Road. Dennis Williams of Central Hill stated his road was named Virginia Avenue and requested the name change to Mt. Olive Avenue. Ida Mae Smith stated her family owned 120 acres on Sand Pit Road and requested that the street name remain Sand Pit Road. Ms. Smith continued that she had not been notified of a name change for the road. Robert. Spencer of Hill Way in Carrollton stated he had been advised that his road name was a duplication of Hill Street in Smithfield. Mr. Spencer continued that the only duplication was in the "Hill" and requested that Hill Way be left as it is. Shirley Barlow of Morgarts Beach Road requested the street name change to Mt. Castle Lane instead of Blackwell Lane. 1 ,- 1 .: ' ao~K 14 f~~~84~ 22. Grand Square Lane Off Route. 712 28 B4 23. India Lane Off Route 680 16 BS 24. Ashlee Dale Lane Off Route 10 35 A4 & A5 25. Annisons Lane Off Route 637 23 D4 26. Tucker Lane Off Route 682 25 A2 27. Bears Crossing Lane Off Route 673 8 D1 28. Holladay Lane Off Route 661 44 A5 & A6 29. Whisper Lane Off Route 600 51 B4 30. Breezewood Lane Off Route 661 37 C1 & CZ 31. Hayes Lane Off Route 671 19 D6 32. Clyde's Lane Off Route 638 54 D3 33. Mallard Lane Off Route 638 54 D3 34. Chickadee Lane Off Route 638 54 D3 35. Partridge Lane Off Route 638 54 D3 36. Pheasant Lane Off Route 638 54 D3 37. Quail Hollow Lane Off Route 638 54 D3 38. Bracey .Circle Off Route 258 54 D3 39. Oak Tree Lane Off Route 10 18 A5 40. Casper Circle Off Route 10 35 B4 41. Latimer Court Off .Route 10 35 B4 42. Gibbs Court Off Route 10 35 B4 43. Omera Drive Off Route 17 S6 C5 44. Villa Court Off Route 17 36 C5 45. Walnut Grove Lane Off Route 17 36 C5 46. Hilltop Lane Off Route 709 26 Al 47. Essie Doris Lane Off Route 258 60 D3 & D4 48. Presbyterian Drive Off Route 614 58 A5 , A6 & $6 49. Homegrown Lane Off Route 614 58 B5 & B6 50. Artists Way Off Route 673 8 D1 51. Morgart's Beach Lane Off Route 673 8 D1 52. Christopher Drive Off Route 620 34 C5 53. Speckle Street Off Route 258 60 C4 54. Perch Street Off Route 258 60 C5 55. Chester Lane Off Route 612 75 A4 56. Norman Stokes Lane Off Route 641 82 D5 57. Gardner Lane Off Route 641 82 B5 58. Whitley Lane .Off Route 1603 81 C5 59. Burroughs Lane Off Route 460 65 86 60. Hudson Lane Off Route 614 58 A6 61. Kennel Lane Off Route 661 37 C1 62. Bowden Lane Off Route 671 19 C5 63. Pat's Lane Off Route 649 47 D2 64. Rolling Acres Lane Off Route 10 51 C5 65. Doubletree Lane Off Route 258 65 C2 66. J.A.. Newsome Court Off Route 17 45 Al 67. Brewers Farm Lane Off Route 693 36 D2 68. Barrett Lane Off Route 58 82 B1 The motion to adopt said resolution and street-names passed by unanimous vote (5-0). Chairman Bradby called for a public hearing on the following ordinance: An Ordinance to Amend Section 15-67, Signs, Temporary, of the Zoning Ordinance of Isle of Wight County Chairman Bradby called for citizens to speak in favor. No one appeared. Chairman Bradby called for citizens to speak fn opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Turner asked County Attorney Crook what change was made in the ordinance. 4 w ao~K 14~~'84~ County Attorney Crook replied that the size of signs in certain zoning districts is increased. Supervisor Turner moved the Board approve the following ordinance: AN ORDINANCE TO AMEND SECTION 15-67, SIGNS, TEMPORARY OF THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Section 15-67 of the Zoning Ordinance of Isle of Wight County be amended to read as follows: Section 15-67. Sign, temporary. A sign applying to a seasonal or other brief activity such as, but not limited to, summer camps, horse shows, auctions or sale of land. Temporary signs, other than signs advertising the sale, lease or rental of property, shall conform in size. and type to directional signs. 15-67. For sale, for lease, for rent signs. Sings advertising the sale, lease or rental of property shall be limited to one (1) sign per lot. per street frontage or frontage on a navigable waterway. -Signs shall not exceed four (4) square feet in size and four (4) feet in height in R-A, R-1, R-2, R-3, R-MH-A, R-MH-1, R-MH-TP Districts; sixteen (16) square feet in size and six (6) feet in height in A-1 and A-2 Districts; and thirty-two (32) square feet in size and ten (10) feet in height in B-1, M-1 and M-2 Districts. The height of all signs shall represent a measurement from ground level to the tope of the sign structure. 15-67.2. Off-premises sictns. Off-premises signs advertising the sale, lease or rent of property shall be allowed in conjunction with an "open house" showing only and shall be limited to four (4) square feet in size. All other off-premise signs shall be prohibited. The motion passed by unanimous vote (5-0). // Chairman Bradby called for Citizens Comments. Joe Ferguson of Great Spring Road requested the Board take . action to allow the .citizens of the County of Isle of Wight to exempt themselves from the junk mail list which will be presented to the Post Office in Smithfield upon the completion of the 911 Emergency Rescue System address list. Mr. Ferguson continued that usually this list is used to deliver mail; however, it will also be .sold to businesses for the purpose of mailing advertising materials. Mr. Ferguson stated that he was specifically referring to mail which is delivered to "boxholders" or "residents" and not a specific name. Donald Robertson, Assistant to the County Administrator, stated that last week he had contacted different organizations and individuals to determine what could be done to accomplish deleting junk mail from the mail system and that there were a couple of organizations called mail preference services in which an individual could contact these mail preference services to have their names and addresses deleted from certain national advertisers. Mr. Donaldson continued that he had contacted the United States Postal Service and the Office of Consumer Affairs 5 •; aeeK 14 F;~~•8~1 Virginia Dennison of Old Gum Tree Circle in Zuni. requested the street name change of Sandy Lane or Sandy Road. Susan Spivey of Kings Landing Subdivision requested;the street name change of Kings Landing or Kings Landing bane instead of Purvis Lane. Tom Castelluccio stated he had a petition from the residents of the original Days Point Road and requested that the 0-110 block of Days. Point Road remain Days Point Road instead of Days Neck Road. Carl Riccard of the original Days Point Road requested that. the street name remain Days Point Road. 'Sara Brown of Virginia Avenue requested the street name change to Mt. Olive Lane. Robert Brown of Rainbow Road in Rescue stated he was agreeable with the street name of Brown's Marina Road. Supervisor Turner moved the Board adopt the following resolution and road name changes: RESOLUTION TO CHANGE NAMES OF PUBLIC AND PRIVATE STREETS . IN ISLE OF WIGHT COUNTY WHEREAS, the General Assembly for the Commonwealth of.Virginia by Act of the General Assembly as provided in Section 15.1-379 of the Code of Virginia,. has given the County governing body the authority. to name streets within•the County by resolution duly adopted; and, WHEREAS, the Board of Supervisors of Isle of Wight County has heretofore adopted an ordinance to provide standards for .naming streets, fabrication, erection and maintenance of street names signs and to establish a street address numbering system; and, WHEREAS, the Planning Commission of Isle of Wight County after public hearing, research and study, .has recommended a list of name. changes for certain public streets and private streets heretofore named by the Board of Supervisors of the County of Isle of Wight, Virginia; and, WHEREAS, the Board of Supervisors has held a public hearing in the County of Isle of Wight to consider said proposed changes for street names and other public comments and has duly considered all of same. NOW, THEREFORE, be it and it is hereby resolved by-the Board of Supervisors of Isle of Wight County, Virginia:, that the following changes for certain public and private street names are adopted as hereinbelow designated and attached hereto.. Public Road Changes 1. Route 1301 - Change name from High Street to Florida Avenue 2. Route 1601 - Delete Jamestown Avenue (Route 1601 is an exit ramp which services. no residences/businesses and, therefore, requires no name.) 3. Route 1303 - Change name from Virginia Avenue to Mt.; Olive Avenue 4. Route 1608 = Change name from Church Street to Piney Grove Street 5. Route 2014 - Change name from Pierce Circle to Martha Circle 6. Route 673 (from Route 677 to deadendj - Change name from.. Purvis Lane to Kings Landing Lane 2 w ~oo~ 14:~u:842 7. 8. 9. 10. Route 1144 (from Route 666 to Route 666) - Change name from Dashiell Way to Berry Hill Farm Lane Route 1001 (from Route 704 to River. Avenue) - Change name from River Avenue to Todd Avenue Route 1005 (from Route 704 north to (private) Oak Spring Road) - Change name from Oak Spring Road to Center Street Routh 1005 (from Route 704 south to deadend) - Change name from Oak Sprinq Road to Center Street Private Road Name Changes 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Change Cedar Lane (off Route 1007/SEC 20B1) to Shell Bank Road D~let~ Lakeview Lane (off Route 654/SEC 50D3) - Only one occupied house will be serviced by the private lane. Change Washington Drive (off Route 10 & 25.8/SEC 36A2) to Booker T. Drive Change Laurel Drive (off Route lT/SEC 37D1) to Laurelwood Drive Change Matthews Drive (off Route 600/SEC 66B1) to Hazelwood Drive Change River Drive (off Route 665/SEC 20C2) to James River Drive Change Old Gum Tree Circle (off Route 614/SEC 52B6) to Sand .Pit Road/Old Gum Tree Road Change Blackwell Lane (off Route 673/SEC 12A5) to Mount Castle Lane Change Clayton Circle(off Route 460/SEC 52A6) to Clayton Lane Change Yeoman Lane (off Route 10/SEC 27D3) to Bunkley Lane Change Beechson Lane (off Route 1910/SEC 45A1) to Salty Marsh Lane Change Goodridge Lane (off Route 1402/SEC 12D3) to Goodrich Lane Change Sullivan's Lane (off. Route ,626/SEC 17B6) to Sullivan's Court Change Goodwin Point Lane (off Route 707/SEC 19A6) to Brown°s Marina Road Change Wrenn's Circle (:off Route 682/SEC 25A2) to Wrenn Court Additional Private Lanes Reau ested Name Location Map Section 1. Tynes Lane Off Route 686 2 D4 2. rIokete Trail Off Route 673 12 C1 & C2 3. Boogie Lane Off Route 1401 12 D4 & D5 4. Havlow Lane Off Route 673 13 B1 5. Waymond Way Off Route 621 15 A2 & B2 6. Maple Grove Lane Off Route 626 17 A5 7. Six Ponds Lane Off Route 652. 24 A4, A5 & B4 8. Bubble Gum Lane Off Route 665 28 A2 9. Rocky Road Off Route 712 28 B5 10. Titus Cove Landing Off Route 665 28 B2, B3 & C3 il. Oak Grove Lane Off Route 665 28 A2 12. Dogwood Rill Lane Off Route 644 47 B6 13. Ruritan Drive Off Route 460 52 A6 14. Deer Trail Off Route 638 59 A2 15. Wood Haven Trail Off Route 258 6S B6 16. Hardison Lane Off Route 646 53 D6 & 59 A6 17. Holmes Lane Off Route 10 3 B5 & C5 18. Cecilia's Lane Off Route 58 79 D2 19. Lakehaven Lane. Off Route 637 56 Al 20. Hayloft Lane Off Route 10 35 A4 21. Woolard Lane Off Route 665 35 A6 J 1 3 .: ~o~K 14 KH.~S4 relative to junk mail from local stores and was informed that these types of mailings cannot be stopped. by submitting your name and address because the Postal Service is bound by law to deliver mail. Mr. Donald stated that there may be avenues which could be taken legislatively, .but at this point he had been unable to determine any avenue which could be utilized to delete citizens' names. Supervisor Edwards requested County staff to continue review of the matter and report back to the Board at the March 7, 1991 meeting. Hannibal Herring, principal for the Allendale Estates project, stated that every requirement of the Isle of .Wight County Subdivision Ordinance-had been met and requested the Board to take a vote on the project tonight. Supervisor Turner asked if a 10$ balance would be left in the account with Dominion Bank until the road has been accepted by the Virginia Department of Transportation. Mr. Herring replied yes. Supervisor Edwards stated that at the last meeting there were several contractual changes to be made and asked Mr. Herring if these were accomplished. Mr. Herring replied no, and that he had met all the requirements of the Subdivision Ordinance. Supervisor Turner stated that the 10$ balance in the account with Dominion Bank had been brought into compliance and that the County's concern is that the road is going to be built to the State's specifications with 10$ left in the account with Dominion Bank to upgrade the road should it not be immediately accepted into the State's system. County Attorney Crook stated that at the direction of the Board he wrote a letter to Dominion Bank indicating what needed to be accomplished for the Board to make an exception and that the letter written in return by Dominion Bank has incorporated the change that the Board directed. County Attorney Crook. continued the contract bond of Fidelity Deposit Company in Maryland has not been amended and the Art. Ray Corporation contract has not been amended and that he believes the Board could proceed without amending the two documents with this Letter of Credit although he would suggest that the performance agreement be rewritten. County Attorney Crook stated that the only risk the Board runs with this arrangement is that if there is a delay after the road is campleted before it is taken into the Highway- system and additional improvements have to be made resulting from the delay be-fore it is taken into the Highway system and the cost of bringing the road back up to the Highway's requirements is more than the 10$ retained by the bank in the escrow account, .then the County might-not be able~to recover that cost from the developer. Supervisor Turner moved that the proposal be accepted contingent upon execution of a new performance. agreement. The motion passed by unanimous. vote (5-0). // Chairman Bradby called for the .Community Development report.. W. Douglas Caskey, Assistant County Administrator/Community Development stated he had nothing for discussion. // Chairman Bradby called for the County Attorney's report. 6 County Attorney Crook stated he had nothing for open discussion, but would have matters later for Executive Session. // Chairman Bradby called for the County Administrator's report. Supervisor Turner moved the Board adopt the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE REGENIA COURT INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Lawrence Meadows Subdivision, Windsor Magisterial District, Isle of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into-the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described street in Lawrence Meadows Subdivision. 1. Regenia Court: Beginning at a point on State Route 603, 1.2 miles from its intersection with State Route. 600; thence running in a southeasterly direction 0.21 miles to a cul-de-sac. Length.: 0.21 miles Right of way: 50 feet Total length: 0.21 miles Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court of Isle of Wight County in Plat Cabinet No. 1, Book No. 14, Page 61, Slide 367, dated August 2, 1988 and is guaranteed. The motion passed by unanimous. vote (3-O) of those members present. Supervisors Bradshaw and Edwards were not present for the vote. County Administrator Standish stated the agreement with Virginia Power and local governments expires June 30, 1991 and in the past communities have participated with the Virginia Municipal League and the Virginia Association of Counties on a negotiating committee for power contracts for localities. . Supervisor Turner moved the Board send County Administrator Standish to Richmond as a local government. representative to participate with the Virginia Municipal League and the Virginia Association of Counties on a committee which negotiates power contracts for localities.. The motion passed unanimously (3-0) of those members present. Supervisors Edwards and Bradshaw were not present. Supervisor Turner. moved the Board take a recess. The motion passed by unanimous vote (3-0) of those members present. // Chairman Bradby called for the following Old Business: Consideration of Alternatives for the Northeast Development ..Service District, Designation of a 1 1 7 .: V Ql'n 14 ~NIrV~ 1 Development Management District-and a Resolution of the Board of Supervisors of Isle of Wight County to Adopt a Comprehensive Plan. (Tabled November 15, 1990; December 6, 1990; and February 7, 1991). Mr. Caskey stated before the Board was information received today from Tony Redman of Redman/Johnson & Associates representing a summation of the modifications previously discussed by the Board and in the Board's agenda was a letter from the Town of Smithfield responsive to the Development Management District proposal. Rodham Delk, Jr., Smithfield Town Attorney, stated he would answer any questions the Board may have in response to the letter from the Town of Smithfield dated February 15, 1991. Supervisor Turner stated that he still supported the Development Management District theory, but that the Board could support Map A and carry it down Route 10 and it would not encompass the Town of Smithfield creating a "green belt". Mr. Delk stated that the Town of Smithfield would appreciate the opportunity to give input in County zoning and development decisions affecting the Route 10 corridor. Mr. Delk further stated the Town regarded the Development Management District as an artificial constraint on. development which is .the nature of the. Town's opposition to some of the language proposed before. Mr. Delk continued the. Town was not in agreement with paragraph 1, paragraph 3 and paragraph 5 of the proposed Development Management District. County Attorney Crook stated that as he understood the letter, the Town agreed with Plan B with the three amendments listed in the letter dated February 15, 1991 from tre Town of Smithfield. County Attorney Crook further stated he had looked at the Statutes which contemplated a cooperation at the Planning Commission level and he wanted to know if the Town Council would be agreeable to the County and the Town .adopting a joint resolution that the County, in the area around Smithfield, would seek input from the Town Planning Commission to the County .Planning Commission .before they recommended it to the Board of Supervisors. County Attorney Crook continued, on the other hand,. the Town Planning Commission on areas contiguous to the County reciprocally would seeK County_Planninq Commission .input before it went to the Town Council. Mr. Delk stated he thought the Town Council might be amenable to that proposition and that he would report the information presented .tonight to the Smithfield Town Council. Supervisor Turner requested that he and Supervisor Ross be appointed from the Board to meet with the Smithfield Town Council to work .out proper wording for the Development Management District and incorporate County Attorney Crook's suggested idea of the joint planning commissions working together from the Town and the .County. Supervisor Bradshaw moved that Supervisors Ross and Turner be appointed to meet with the Smithfield Town Council and bring back recommendations to the Board at the March 7, 1991 meeting. The motion passed by unanimous vote (5-0)... County Attorney Crook stated the Statutes provide that he Planning Commission adopts its resolution recommending the Plan to the Board and the Board has the authority to amend that Plan .but must take action within ninety days. County Attorney-Crook stated that the ninety day period had passed and that the Board is now in a situation where the Board will have to send the Plan back to the Planning Commission. Supervisor Turner asked if a joint public hearingcould be held with the Planning Commission and-the Board- of Supervisors. County Attorney Crook responded that he thought so, but would check 8 aoaK 14 .a.:~848 the statutes 'on that. Supervisor Edwards requested the County Administrator to contact officials in Windsor to determine what is being considered relative to expanded area telephone calling in that area of the County and report back to the Board at the March 7, 1991 meeting. // County Administrator Standish stated the Resident Engineer of the Virginia Department of Transportation has requested that the Board consider a resolution to close Route 611 for the purpose of replacing a bridge over Corrowaugh Swamp. County Attorney Crook stated that in the past the Board has directed that a public hearing be held where bridges were involved. Supervisor Ross moved. that the Board set a public hearing for the March 7, 1991 meeting to consider the resolution to close Route 611. °rhe motion passed by unanimous vote (5-0). // Chairman Bradby called for Appointments. Supervisor Ross moved that the Board appoint Lawrence Pitt to replace Thomas A. Caldwell on the Planning Commission representing the Smithfield Election District. The motion passed by unanimous vote (5-0). ~/ Chairman Bradby called for approval of the January 10, 1991; January 17, 1991; and January 30, 1991 minutes. County Attorney Crook stated he recommended approval of the January 10, 1991 and January 17, 1991 minutes; however, the January 30,-1991 minutes needed to be corrected to reflect Mayor Chapman speaking in paragraphs 2 & 4 on Page 2 rather than Reverend Brown and in the final paragraph on that page he suggested taking out "appeared stating" and replace with "stated". Supervisor Edwards moved the Board adopt the January 10, 1991; January 17, 1991 and January 30, 1991 with the recommended changes of the County Attorney. -The motion passed by unanimous vote (5- O) . // At 9:30 P.M., Supervisor Ross moved the Board adjourn the meeting. The motion passed by unanimous vote (5-0). Myles Henry H.r/Bradby, Chairman 1 9