06-04-1987 Regular Meeting
May 21, 1987 Page 301
remainder of the agenda .until the June 4, 1987 Board of Supervisors meeting.
//
At 11;40 P.M. Supervisor Ross moved the meeting be adjourned, which passed
by unanimous vote of .the Board.
Henry H. Bradby, Chairman
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HF~,D 'rHE
FOURTH DAY OF JUNE 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
Juanita L. Byrum, Acting County Administrator
Terry D. Lewis, Planning Director
Donald Bernd, Public Works Director
W. B. Owen, Assistant to Acting County Administrator
Betty Scott, Secretary
Chairman Bradby called the meeting to order at 2:00 P.M. The invocation
was given by Superivsor Bradshaw.
//
R. W. Coates, Resident Engineer, Department of Highways and Transportat-
ion, stated he had a resolution for the Board's consideration regarding the
abandonment and discontinuance of secondary systems and roads that need to
be taken into the system. Supervisor Ross moved the Board adopt the re-
solution. The motion carried unanimously.
A RESOLUTION REQUESTING THE DISCONTINUANCE, ABANDONMENT AND
ADDITION OF THE STATE SECONDARY ROAD SYSTEM
WHEREAS, Secondary roads have been altered, and a new road
has been constructed and approved by the Commissioner of the
Virginia Department of Transportation, which new road serves
the same citizens as the road so altered; and
WHEREAS, certain sections of this new road follow new
locations, these being shown on a sketch titled "Changes in
Primary and Secondary System Due to Relocations and Con-
struction on Route 58, Project 0058-061-110,C501, RW201;
0058-046-105, C501, RW202", dated in Richmond, VA, December
20, 1986.
NOW, THEREFORE, BE IT RESOLVED: That the Board recommends
that section of Secondary System, i.e., Section 16 shown on
Blue on the aforementioned sketch, a distance of .038 miles, be,
and hereby, abandoned as a public road, pursuant to Section
33.1-155 of the Code of Virgniia of 1950, as amended.
AND FURTHER, that Sections 9, 10, 12, 13, 15,'17, 31
and 8, of that portion in Isle of Wight County, shown in
yellow on the aforementioned sketch, a total distance of
1.633 miles to, and hereby, discontinued as a public road'in
the Secondary System of the State highways, pursuant to
Section 33.1-150 of the Code of Virginia of 1950, as amended..
June 4, 1987
Page 302
AND FURTHER, that Sections 24, 25, 26, 27, 28, 29 and 30,
shown in red on the aforementioned sketch, a total distance of
.533 miles be, and hereby, added to the Secondary System of
of the State highways, pursuant to Section 33.1-229 of the
Code of Virginia of 1950, as amended.
Supervisor Bradshaw asked Mr. Coates to contact Clyde Clements relative
to cleaning out a ditch near Ray Fertilizer Company.
Supervisor Bailey stated he had previously discussed needed work on
Route 620 with Mr. Coates.
Robert Walker, Central Hill resident, asked Mr. Coates for assistance
in getting pipes installed at the crossing of Route 647 to help eliminate
ditch drainage problems. He also asked for help in erecting no parking
signs along Routes 1301, 7302 and 1303 because people were parking along
the roadside causing the residents egress and ingress problems. Mr. Coates
stated someone would be meeting with Mr. Walker the first of the week to
assess the situation.
//
W. B. Owen, Assistant to the Acting County Administrator, requested
the agenda be amended to allow Southampton County Administrator, Rowland
L. Taylor, an opportunity to present a report to the Board relative to
the data processing needs for Southampton and Isle of Wight Counties.
Supervisor Ross moved the Board amend the agenda to hear comments from Mr.
Taylor.
Mr. Taylor stated a joint meeting was held on May 28, 1987 with re-
presentatives from Isle of Wight County, Southampton County and Paul D.
Camp Community College regarding shared computer services housed by Paul
D. Camp Community College. Mr. Taylor continued stating Southampton
County Board of Supervisors held a meeting this morning and recommends
entering into a contract with Metro Information Systems, Inc. at a cost
not to exceed $17,600, however, this does not include incidential costs
which will will have to have prior approval by the said Boards.
Following discussion and on motion of Supervisor Turner, the Board
voted unanimously to support Mr. Taylor's recommendation and enter into
a contract for shared computer services housed by Paul D. Camp Community
College not to exceed a cost of $17,600.
//
The Chairman called for a public hearing on the following ordinances:
"An Ordinance To Amend The Isle of Wight County Code To Require Permits
For Dance Halls Be Issued By Board of Supervisors"
County Attorney Crook stated the ordinance that we have in the County
Code was drafted quite a few years ago and the statute has changed to
provide for the Board of Supervisors to issue permits instead of the
Circuit Court. The annual cost of the license is not to exceed $600.00.
Herman Jones, representing the Smithfield Elks Lodge 65, appeared
and expressed concern relative to the Lodge activities for members
because they conduct plays, banquets, dances, etc. He asked if the
Board would charge a fee for non-profit organizations. He said they raise
their revenue by holding such events. .Chairman Bradby stated this does
not come under this ordinance, it's not a business.
On motion of Supervisor Ross, the Board voted unanimously to adopt
June 4, 1987
Pae 303
the."Ordinance To Amend The Isle of Wight County Code To Require Permits
For Dance Halls Be Issued By Board of Supervisors".
AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE TO REQUIRE
PERMITS FOR DANCE HALLS BE ISSUED BY BOARD OF SUPERVISORS
BE IT AND IT IS HEREBY ORDAINED by the Board of Super-
visors of Isle of Wight County, Virginia. that Section 12-3
of the Isle of Wight County Code shall be amended to read as
follows:
Section 12-3. Dance Halls -- License required.
No person shall, in the County, operate or conduct a
dance hall without having obtained a permit from the Board
of Supervisors of Isle of Wight County as prescribed and pro-
vided for in Section 18.2-433 of the Code of Virginia of
1950, as amended, and in addition thereto having paid to the
County a license tax in the amount of Six Hundred Dollars
($600.00), the same to be due and payable on the first day
of January of each and every year..
"AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY
TO PROVIDE THAT SIGNS MAY BE LOCATED CLOSER TO THE STREET .THAN OTHER
STRUCTURES"
County Attorney .Crook stated it is necessary to have this ordinance
because signs are defined in the ordinance as structures and signs have
to be as much as 60' from the road. Mr. Crook continued saying the Plan-
ning Commission had conducted a public. hearing and they recommended approval.
The amended ordinance allows the sign to be located closer to the street
but each situation will have to be considered separately, Mr. Crook said.
On motion of Supervisor Bailey, the Board. voted unanimously to adopt
"An Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Pro-
vide That Signs May Be Located Closer To The Street Than Other Structures".
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT
COUNTY TO PROVIDE THAT SIGNS MAY BE LOCATED CLOSER TO THE
STREET THAN .OTHER STRUCTURES
BE IT AND IT IS HEREBY ORDAINED that the Board of Super-
visors of Isle of Wight County, Virginia that Sections 2-3,
3-3, 4-3, 5-3, 5.1-4, 5A-3, 5B-3, 5C-3, 7-4 and 8-4 of the
Isle of Wight County Zoning Ordinance be amended by adding
thereto the following:
However, signs, other than general advertising, may be
located at less distance from the street right-of-way with
conditional use permit.
//
Supervisor Bradshaw moved the agenda be amended to consider Item IV,
Constitutional Officers and Department Heads, Planning Commission Reprot
at this time. The motion carried unanimously.
Planning Director, Terry D. Lewis, presented the. following .Conditional
Use Permit applcitaion for the Board's. consideration:
The appli~stion of Carson E. Whitley for a Conditional Use
Permit for an office trailer for a portable asphalt plant
on 3 acres of land, off Routes 58 and 1603, in Windsor
Magisterial District.
The applicant is seeking a permit that would allow an office trailer
to be placed on the site for the management of a portable asphalt plant,
said Mr. Lewis. The site is located off Route 58 near its intersection
with Route 1603. It is on land that has been extensively developed in
recent years with heavy construction material businesses - a concrete
Page 304
June 4, 1987
manufacturing/distribution plant, a stone and .rock distribution business
and is zoned M-2 and is located on the opposite side of Route 58 from the
Franklin Airport.. Mr. Lewis stated the Planning Commission voted. un-
animously to approve the application.
Carson Whitley appeared and stated he would appreciate it if the
Board would approve the application.
Supervisor. Turner moved the. Board. accept. the recommendation of the Plan--
ning Commission and approve the application of Carson E. Whitley for a Con-
ditional Use Permit for an office trailer for a portable ..asphalt plant on
three acres of-land off Routes 58 and 1603 in .Windsor Magisterial District.
Acting County Administrator Byrum informed the Board there was a new
issue which had not arisen when the application went to the Planning Commi ion
which was that the Building Official questioned the sewage disposition and
her office cannot accept the application until a system has been: developed.
Mrs. Byrum continued stating he (Mr. Whitley] could apply for a pump and
haul permit. for a period of one year and at that time consideration can be
given to take the sewage into the County. system.
Mr. Whitley stated he understood the water and sewer system will be
coming to Route 1603 and he will hook up to the County system as soon as it
is available.
Following discussion, the Board voted unanimously to approve the aplicat-
ion of Carson E. Whitley. for a Conditional Use Permit for an office trailer
for a portable asphalt plant on three acres of land off Routes 58 and 1603 in
Windsor Magisterial District.
//
Chairman Bradby called for a public hearing on the following-rezoning
applications:
1. The application of Lloyd A, and Virginia T. Duck, owners,
and William H, and Eunice Harrell, prospective owners, for
a change in zoning .classification from A-l, Agricultural
Limited, to Conditional R-A, Conditional Rural Residential,
4.897 acres of land located on the south side of Route
619, between Routes 258 and 641, in Windsor Magisterial
District. The .purpose of the applccation is for no more
than three rural residential lots.
James Joyner, a Zuni resident, spoke in opposition expressing concern
regarding the two deep wells he owns in Walters relative to the water level
and the road conditions. Mr. Joyner requested the Board to postpone rezon-
ing until such time. as`trie problems have been worked out.
Eunice Harrell appeared and stated. they .wanted to put three homes
t"here and they .are going to put one deep well to furnish the three homes.
Following discussion and on motion of Supervisor Turner, the Board
voted unanimously to accept the Planning Commis ion's recommendation and
approve the application of Lloyd A. and Virginia T. Duck,. owners, and
William H. and Eunice Harrell, pirospective owners, for a change in zoning
classification from A-l, Agricultural Limited, to Conditional R-A, Con-
ditional Rural Residential,, 4.1987 acres of land located on the south .side
of Route 619, between Routes 258 and 641, in Windsor Magisterial District.
2. The application of C. L. Goodrich, ,Ernest W. Goodrich,.
Convenience Systems, Inc., Parker Engergy and Petroleum
Company and Rushmere Shores fora change in zoning
classification from A-l, Agricultural Limited, to R-2,
Residential General, 1076 acres; from A-1, Agricultural
^
June 4, 1987
Page 305
Limited, to R-3, Townhouse Residence District, 139 acres;
from A-2, Agricultural General, to R-2, Residential
General, 282 acres and from A-2, Agricultural General, to
R-3, Townhouse Residence District, 428 acres of land.
The aforesaid properties are located on the east and west
sides of Route. 676, north of Route 686, Lawnes Creek
and James River. The purpose of the application is for
the single family dwellings and townhouses.
Chairman Bradby stated a letter had been received from Ann Simpson
Jones, attorney representing the applicants, requesting the application
be tabled until the June 18, 1987 Board meeting.
Supervisor Bailey moved the Board table until. .June 18, 1987 the.
application of C. L. Goodrich, Ernest W. Goodrich, Convenience Systems, Inc.,
Parker Energy and Petroleum Company and Rushmere Shores fora change in
zoning classification from A-1, Agricultural Limited, to R-2, Residential
General, 1076 acres; from A-1, Agricultural Limited, to R-3, Townhouse
Residence. District, 139 acres; from A-2, Agricultural General, to R-2,
Residential General, 282 acres and from A-2, Agricultural General, to
R-3, Townhouse Residence General, 428 acres of land. The motion carried un-
animously.
3. The application of Marilyn C. Edwards for a change in
.zoning classificton from A-1, Agricultural Limited, to
R-A, Rural Residential, approximately 1.5 acres of land
located on the north side of Route 626, at the intersection
of Routes 626 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
appeared in opposition. The Planning Commission voted to recommend approval.
Supervisor Turner moved the. Board approve the application of Marilyn
C. Edwards for a change in zoning classification from A-1, Agricultural
Limited, to R-A, Rural Residential, approximately 1.5 acres of land located
on the north side of Route 626, at the intersection of Routes 626 and 677,
in Hardy Magisterial District. The vote in favor was unanimous.
4. The application of Percy J. and Jean S. Coley, owners, and
I.C.C.I., prospective owners, for a change in zoning
classification from A-1, Agricultural. Limited, to R-A,
Rural Residential, 10 acres of land located on the west
side of Route. 654, between Routes 692 and 644, in Newport
Magisterial District. The ..purpose of the application is for
rural residential lots.
Acting County Administrator Byrum informed the Board members she had
received a telephone call prior to the meeting and the owners requested
the application be withdrawn.
On motion of Supervisor Turner, the Board voted unanimously to grant
the applicants' request to withdraw .the application for a change in zoning
classification from A-1, Agricultural Limited, to R-A,` Rural Residential,
10 acres of land located on the west side of Route 654,. between Routes 692
and 644, in Newport Magisterial District.
5. The application of Edwin Jenkins for a change in zoning
classification from A-1, Agricultural Limited, to A-2,
Agricultural General, 1.29 acres. of land located on the
south side of Route 661, between Route 17 and Batten Bay,
in Newport Magisterial District. The purpose of the ap-
plication is for an antique shop.
Edwin Jenkins appeared and stated he would like to start an antique shop
and have the shop in a building, 14'x17', which is in his garage. Mr.
Page 306
June 4, 1987
Jenkins asked the Board's favorable approval.
Randolph Gray, a neighbor, spoke in favor saying the shop is not very
large, has plenty of .parking area and he has talked with the other neighbors
and they have no objection to the antique shop.
No one appeared in opposition. The Planning Commission voted unanimously
to recommend denial noting that the trend of development of the area was
for residential uses and the resident character of the neighborhood would be
enhanced if business uses were not permitted to occur within it, stated Mr.
Lewis, Planning Director.
Supervisor Turner queried Mr. Jenkins as to what building he would be
using, to which Mr. Jenkins replied the shop would be in his, garage.
Planning Director Lewis informed the Board members that Roland Lewis
appeared at the Planning Commission and voiced opposition stating the business
would not be compatible with other uses in the area.
Mr. Jenkins stated that the antique shop would be a hobby and not a full
time business. He continued stating he would be willing to only rezone .5
of an acre i£ that would be best.
Follo~sng discussion relative to putting conditions on the permit, County
Attorney Crook stated Mr. Jenkins is not applying for conditional zoning
and stated you cannot add restrictions. He stated further that an antique
shop is a permitted use in an A-2 agricultural zone. Mr. Crook continued
saying Mr. Jenkins could apply for conditional zoning which would. be advertised
for a public hearing to be considered by both the Planning Commission and the
Board of Supervisors if he were agreeable to conditions on the use.
Supervisor Turner asked Mr. Jenkins if he would reapply for conditional
zoning, to which Mr. Jenkins agreed. Therefore, Mr. Jenkins asked that the
rezoning application be withdrawn.
On motion of Supervisor Turner, the Board voted unanimously to grant the
applicant permission to withdraw his application fora change in zoning
classification from A-1, Agricultural Limited, to A-2, Agricultural General,
1.29 acres of land located on the south side of Route 661, between Route 17
and Batten Bay, in Newport Magisterial District.
6. The application of Smithfield Packing Company for a change
in zoning classification from A-2, Agricultural General,
to Conditional M-2, Conditional Industrial General, 75.67
acres of land located on the west side of Route 10, between
Route 1402 and the Town limits of Smithfield, in Hardy
Magisterial District. The purpose of the application is
for a cold storage warehosue and future expansion of the
meat processing operation.
County Attorney Crook. stated he represents Smithfield Packing/Smith-
field Foods and asked the Board to allow Ann Simpson Jones, attorney, to
be Acting County Attorney for consideration of this application. On motion
of Supervisor Turner, the Board voted unanimously to grant County Attorney
Crook's request to allow Mrs. Jones to act as .County Attorney during con-
sideration of the Smithfield Packing Company application.
Supervisor Ross informed the Board he had a conflict of interest in
the application. Therefore, he did not participate in the discussion
nor the voting.
Marcus Blount, nearby resident, appeared in opposition and .stated he was
bitterly opposed to changing the area to industrial. Mr. Blount continued
t
June 4, 1987
Page 307
stating it is just one step to help depreciate land that he owns in the
area. Mr. Blount asked the Board to see that the excess water drained from
the business be piped across his land, stating that when big rains come it
leaves as much as 12" to 15" of water.
William White also spoke in opposition expressing concern regarding the
water situation. Mr. White stated he feels the truck noise will be
offensive and questioned why the addition could not be built at the rear
of the plant. He also expressed concern relative to the excess water.
Mary B. Taylor appeared and spoke in opposition. Mrs. Taylor stated there
is a one-way drive from her property and there will be excess noise and odors.
Mrs. Taylor also feels the extension could be pig pens with offensive odors.
Larry Pope, Comptroller for Smithfield Foods, Inc., appeared and stated
they plan to build an 80 to 90 unit cold storage facility which will be
professionally built and will cost approximately $500,DOO.OO and bring
approximately $30,000-$40,000 additional taxes to the County. Mr. Pope con-
tinued stating they plan to employ approximately 12 people with an annual
payroll of $250,000. Mr. Pope stated the following conditions were proffered:
(1) No truck: loading or parking areas to be any closer than 200 feet from the
south property line, (2) all proposed structures at least 100 feet from the
sough property line, (3) a minimum setback of 35 feet from the front property
line, (4) 30 acres to be rezoned,. and {5) an evergreen or berming buffer will
be provided and maintained on the south end of the property. Mr. Pope con-
. tined stating the facility will be located adjacent to the other plant
facilities and will be a cold storage facility, will not have a smoke stack,
should not have odors and no noise since the trucks will be used. There
should be no more truck traffic since it is merely a change in direction,
stated Mr. Pope. Mr. Pope asked the Board to accept the Planning Commission's
recommendation and approve the application.
Chairman Bradby queried Mr. Pope as to the water drainage problem of Mr.
Blount's, to which Mr. Pope stated,. "Water should not be draining onto his
property. However, he will be .willing to mitigate if there is a problem.
We will provide a buffer for Mr. Blount's benefit".
Walter Blount stated that at the Planning Commission meeting it was agreed
that Smithfield Packing would only zone 30 acres.
Bob Murphy, representative of Richmond Cold Storage from Richmond,
Virginia, appeared and stated that if there is a run-off they would mitigate
to do whatever is necessary to control the problem.
Acting County Attorney Jones stated she did not believe it would be
in order to ask the applicant if they will agree if there is a problem. Mr.
Pope again stated, "We would agree to mitigate when water run-off is a pro-
blem created as a result of this facility. Mr. Blount has already stated
there is a run-off from his own property".
Supervisor Turner moved the Board approve the application of Smithfield
Packing Company for a change in zoning classification from A-2, Agricultural
General, to Conditional M-2, Conditional Industrial General, 75.67 acres of
land located on the west side of Route 10, between Route 1402 and the Town
limits of Smithfield, in Hardy Magisterial District with the proffered con-
ditions.
June 4, 1987
Paeg 308
Planning Director Lewis expressed concern relative to where the trucks
would be driven. Mr. Pope stated the trucks would travel the dirt path
around the building: for fire trucks if necessary. Mr. Pope continued stating..
the trucks loading or parking will not be within 200 feet of the property.
Following discussion, the Board voted unanimously to approve the
application of Smithfield Packing Company for a change in zoning classificat-
ion from A-2, Agricultural General, to Conditional M-2, Conditional Industrial
General, 75.67 acres of land located on the west side of Route 10, between
Route. 1402 and the Town limits of Smithfield, in Hardy. Magisterial District.
Supervisor Ross did not vote.
7. The application of Charles T. Darden for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-2, Conditional Residential General, approximately one acre
of land located on the north side of Route 652, between
Routes 258 and 692, in Newport Magisterial District. The
purpose of the application is for one. multiple family dwell-
ing containing three apartments.
Charles Taylor Darden appeared.
No one appeared in opposition. The Planning Commission recommended
approval.
On motion of Supervisor Bradshaw, the Board. voted unanimously to approve
the application of Charles T. Darden for a change in zoning classification
from A-l, Agricultural Limited, to Conditional R-2, Conditional Residential
General, approximately one acre of land located on the north side of Route
652, between Routes 258 and 692, in Newport Magisterial District.
8. The application of James A. and Ruth J. Williams for a
change in zoning classification from A-1, Agricultural
Limited, to R-MH-A, Rural Mobile Home District, 1.5
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 mobile home.
Jean Barcroft, realtor, appeared to represent the applicant.
No one appeared in opposition. The Planning Commission voted to recom-
mend approval.
Supervisor Turner moved the Board approve the application of James
A. and Ruth J. Williams for a change in zoning classification from A-l, Agri-
cultural Limited, to R-MH-A, Rural Mobile Home District, 1.5 acres of land
.located on the north side of Route 62.6, between Routes 678 and 677, in
Hardy Magisterial District. The vote in favor was unanimous..
9. The application of Josephine Hill Holloman for a change
in zoning classification from A-l, Agricultural Limited,
to R-A, Rural Residential, 6.6 acres of land located on
the north side of Route 682, between Routes 680 and 652,
in Hardy Magisterial District. The purpose of the ap-
plication is for a rural residential subdivision.
Rodham T. Delk, Sr., attorney, appeared to represent the applicant.
Mr. Delk presented a copy: of the plat, which was not available for the Planning
Commission members, depicting the area to be rezoned.. Mr. Delk stated the
area will accommodate seven lots in the residential area at this time and
.there are three existing homes on the north 'side. Mr. Delk continued stating
this 200 acres of property was inherited by his client and there is a hardship
due to family illness. Therefore, they would like to consummate the sale. Mr.
Delk asked the Board°s favorable consideration.
No one appeared in opposition.. The Planning Commission recommended
June 4, 1987
Page 309
approval, said Mr. Lewis.
Chairman Bradby moved the Board approve the application of Josephine Hill
Holloman for a change in zoning classification from A-l, Agricultural Limited,
to R-A, Rural Residential, 6.6 acres of land located on the north side of
Route 682, between Routes 680 and 652, in Hardy Magisterial District. The
motion carried unanimously.
10. The application of Sidney Lawrence, Jr. and Earl F.
Lawrence:, owners, for a change in zoning classificat-
ion from A-l, Agricultural Limited, to Conditional
R-A, Conditional. Rural Residential, approixmately 25
acres of land located on Routes 600 and 606, in Windsor
Magisterial District. The purpose of the application
is for no more than 24 rural residential lots and for no
more than three lots fronting on Route 603.
Sidney Lawrence, Jr. appeared.
No one appeared in opposition. The Planning Commission recommended
approval, stated Mr. Lewis.
Planning Director Lewis further stated there will be no more than 24
lots at this location.
County Attorney Crook stated Mr. Lawrence has an excellent plan and the
Planning Commission voted unanmausly to recommend approval.
Supervisor Bradshaw moved the Board approve the application of Sidney
Lawrence, Jr. and Earl F. Lawrence, owners, for a change in zoning classi-
fication from A-l, Agricultural Limited, to Conditional R-A, Conditional
Rural Residential, approximately 25 acres. of land located on Routes 600 and
606,. in Windsor Magisterial District. The motion passed by unanimous vote
of .the Board.
//
Ann Simpson Jones, attorney representing Tidewater Brandermill Associates,
addressed the Board regarding the stalemate discussions between the County
and the Town of Smithfield relative to the ownership of the sewage line
extensions jeopardizing her clients plans.
Branch Lawson, Vice President of Tidewater Brandermill Associates, informed
the Board members that in the beginning the County officials had directed
them to use Smithfield utilities for the 290 lots subdivision to be called
Gatling Pointe. Mr. Lawson continued stating the rezoning approved in
January was contingent upon the subdivision being served by water and sewer
from the Town of Smithfield.' Mr. Lawson also said the Town of Smithfield has
offered to extend the lines. Mr. Lawson said he hears conflicting reports
on how close the County and Town are and stated, "My company has been
victimized by the stalemate". Mr. Lawson further stated Windsor had been
allowed to extend water lines to new residential developments and still own
the lines outside the Town limits and he sees no difference in the two
situations.
County Attorney, H. Woodrow Crook, Jr., stated the talks have narrowed to
two alternatives; one would have the Town own the lines outside the Town to
these two developments and-other is a proposal of the County that the County
install a line to serve these developments connecting directly to the sewage
treatment plan. This line and,e~t.ensons in-the county would be owned by.the
County and operated by the County Public Service Authority.
June 4, 1987
Page 310
Supervisor Turner stated he feels the Board should assure the developer
that regardless of who owns the lines, the subdivision will be served by
the Town of Smithfield so engineering work can move forward. Supervisor
Turner continued saying I think the Board has an obligation to do what we
originally said and we're backing away from it.
//
At 4:00 P.M. Supervisor Turner moved to have a ten minute recess to be
followed by an executive session to discuss with counsel the Town and County
negotiations for. intergovernmental agreement.. The Board reconvened at 4:20
P.M.
//
Planning.. Director Lewis presented the following conditional use permit
applications for the Board's consideration.:
1.-:The application of Coastal Investors, Inc. for a conditional
use permit to locate an office trailer in a business zone
between Isle of Wight Mobile Home Village and Route 10, in
Newport Magisterial District.
The applicant is seeking a permit which will allow him to 1QCate an
office trailer for use as the sales office for a mobile home sales operation.
The site is currently zoned B-1 and the applicant will display mobile homes
for sales on the site and will administer sales activities in the proposed
office, said Mr. Lewis. Mr. Lewis continued stating the Planning Commission
recommended approval provided (1) that no more than 10 units are displayed
for sale on the site, (2) that no units .available for sale nor any accessory
uses thereto can be located within 50 feet of the front property .line (Route
10) and (3) that a landscape buffer area be developed and maintained in the
front 50 feet setback area.
No one appeared in opposition.
Supervisor Turner moved the Board approve the application of Coastal
Investors,. Inc. for a conditional use permit to locate an office trailer
in a business zone between Isle of Wight Mobile Home Village and Route 10
in Newport Magisterial District with the conditions recommended by the Plan-
ning Commission. The motion passed unai~;mous-ly. Supervisor Bradshaw was
absent when the vote was taken.
2. The application of Peggy E. Norris and Wiley T. `Jones
for a conditional use permit to locate a location sign
for:"Cindy's Attic" 12 feet from the Route 460 right-
of-way on 1.72 acres of land in Hardy Magisterial
District.
The applicants are seeking a permit to allow them to place a location
sign that will identify the location of Cindy's Attic Gift Shop, said Mr.
Lewis. The shop is located at the intersection of Routes 649 and 644 and
therefore, cannot rely upon business signs on its premises to attract.
traffic from nearby heavily traveled roads like Route 460, stated Mr. Lewis.
Mr. Lewis continued saying the Planning Commission voted unanimously to
recommend approval.
No one appeared in opposition.
Supervisor Ross moved the Board approve .the application of Peggy E.
Norris and Wiley T. J~x~es for a conditional use permit to locate a location
sign for "Cindy's Attic" 12 feet from the Route 460 right-of-way on 1.72
acres of land in Hardy Magisterial District. The vote in favor was unanimous.
June 4, 1987 Page 311
Planning Director Lewis presented`-the following subdivision plat for
the Board's consideration:
-Deer Run, Section I - a subdivision plat of 29 lots
located on Route 620 in Newport Magisterial District.
No one appeared in favor or opposition. The Planning Commission voted
unanimously to recommend approval, said Mr. Lewis.
Mr. Lewis continued saying the site is located on Route 620 approximately
one half mile east of the Smithfield Heights and .Sandy Mount Manor Sub-
divisions. The site was rezoned to R-A zoning district March 1986 for develop-
ment of a subdivision. Mr. Lewis continued saying the road construction plans
have been reviewed and approved by the Department of Highways and Transportation
and the Health Department has reviewed a soil report and does not have any
objections to the approval of the plans. Mr. Lewis stated the water system
plans have been reviewed and approved by the Health Department, Smithfield
Fire Department, Isle of Wight County Public Service Authority and the County
Engineers.
.Supervisor Bailey stated he had a conflict and would abstain from voting.`
.Chairman Bradby moved the Board concur with the Planning Commission and
approve the Deer Run, Section I, subdivision plat of 29 lots located on Route
620 in Newport Magisterial District. .The vote in favor was unanimous.
Ann Simpson Jones, attorney, representing the applicant of the Deer Run
Subdivision, stated her client was caught in a time squeeze and is trying
to close a loan to help defray costs. Therefore, he is requesting the Board's
consideration in setting-the construction bond. Mrs. Jones distributed. copies
of the statements from certified engineers telling what the cost of the
underground utilities will be. Mrs. Jones stated the. cost of the water system
will be $76,729.47, road cost should not exceed $133,000.00. The maximum
total cost of development should not exceed $237,302.42, said Mrs. Jones.
Mrs. Jones continued saying her client will be providing a letter of credit.
for the bond. My client has completed all the. road construction but black-
. topping, said Mrs. Jones. Mrs. Jones distributed pictures of the road work
for the Board members to review. My request is, will you consider setting
the bond a:nd take into account the work already completed today with ap-
proximately $81,836.68 work to be done., said Mrs. Jones. Mrs. Jones asked
the Board to set the bond at a reduced. amount plus 10% ($147,281.87) and give
her client credit for what has been completed subject to review by Planning
Director Lewis. Mrs. Jones continued stating her client has .already. signed
documents assigning same to the County.
Planning Director Lewis stated what is being requested today is not very
different from what was requested. at the last .meeting by Jacques Meyers.
We should not set a bond until the appropriate agencies have had an opport-
unity to review the project and reports given to the Board of Supervisors.
Mr. Lewis continued saying the bond should cover all construction work until
construction work is ..ready.. to be accepted by all agencies involved...
Mrs. Jones stated, "Set-any amount, we need to meet deadlines".
County Attorney Crook informed the Board it is acceptable to accept
professional engineer estimates as these are the.. experts in .the field and the
most knowledgable people. Mr. Crook stated he has a problem with allowing
credit for work which has been done.
Page 312
June 4, 1987
Following discussion and on motion of Supervisor Ross, the Board voted
unanimously to set the Deer Run Subdivision bond at $230,702.42. Supervisor
Bailey did not vote.
On motion of the Chairman, the Board voted uanimously to approve the
Thomas Park Bill Register in the amount of $458.80.
//
Supervisor Turner moved the Board go into executive session for the pur-
pose of discussing with legal counsel and staff members personnel matters
and intergovernmental neogtiations on contracts and agreements. The motion
passed unanimously. The Board went into executive session at 5:50 P.M. and
returned to open session at 6:24 P.M.
//
County Attorney Crook informed the Board members that in the case of the
Carrsville Volunteer Fire Department bids which were considered by the Board
at the last meeting (May 21, 1987) and the Board rejected the lowest bid,
the lowest bidder, J. R. Riddick & Sons, has filed a timely protest ..under the
Virginia Procurement Act, Section 11-68 of the Code of Virginia. County
Attorney Crook asked the Board to authorize him to petition the court for
declaratory judgment as to who should receive the award.. Supervisor Bradshaw
moved the Board grant County Attorney Crook's request. The vote in favor
was unanimous.
//
Acting County Administrator Byrum asked the Board to approve the in-kind
service contract for the SEVAMP Nurse at an annual cost of $6,523 which has
been requested in the 1987-88 budget. The vote in favor was unanimous.
On motion of Supervisor Turner, the Board voted unanimously to adopt the
resolution granting the Parks & Recreation Facilities Authority authority to
apply for the Litter Grant in the amount of $4,807.
COOPERATIVE PROGRAMS
WHEREAS, the Board of Supervisors recognizes the existence
of a litter problem within the boundaries of Isle of Wight
County Virginia, and
WHEREAS, the Virginia Litter Control Act of 1976 provides
+: through the Department of Conservation and Historic Resources,
.Division of Litter Control, for the allocation of public funds
in the form of Grants for the purpose of enhancing local litter
control programs, and
WHEREAS, having reviewed and considered the Regulations
and the Application covering administration and use. of said
fund.
BE IT RESOLVED that the Board of Supervisors:
Hereby endorses and supports such a program for the. County
of Isle of Wight, and
Hereby expresses the intent to combine with the Town of
Smithfield in a mutually agreed upon and Cooperative Program
contingent on approval of the Application by the Department
of Conservation and Historic Resources, Division of Litter
Control, and contingent on receipt of funds, and
Hereby authorizes Isle of Wight County Public Recreational
Facilities Authority to apply on behalf of Isle of Wight County
for a Grant, and to be responsible for the administration,
implementation, and completion of the Program as it is described
in the attached Application Form LC-C-1, and
June 4, 1987
Page 313
Further accepts responsibility jointly with Town of Smith-
field for all phases of the Program, and
Further accepts liability for its pro-rata share of any funds
not properly used or accounted for pursuant to the Regulations
and the Application, and
That said funds, be received, by Isle of Wight County
Public Recreational Facilities Authority. All Funds will be
used in the Cooperative Program to which we give our endorse-
ment and suppo_tt.
Hereby.. requests the Department of Conservation and Historic
Resources, Division of Litter Control, to consider and approve
the Application and Program, said Program being in accord with
regulations governing use and expenditure of said funds.
Supervisor Ross moved the Board approve the Parks and Recreation
Facilities- Authority's request to obtain two surplus vehicles from .the
Sheriff's Department providing Parks & Recreation Facilities Authority
return two cars to the County. The motion passed by unanimous vote of
the Board.
On motion of Supervisor Ross, the Board voted unanimously to distribute
the Emergency Medical Funds, One For Life Program, in the amount of
$4,112.50 equally between the Isle of Wight and Windsor Volunteer Rescue
Squad units.
Supervisor Turner moved the Board pay the Errors and Omissions insurance
for the Treasurer and .Commissioner of Revenue in the amount of $750.00 with
the Compensation Board reimbursing the County for half of same.. The motion
carried unanimously.
On motion of Supervisor Turner., the Board unanimously voted to designate
the Benns Church Beautification project as a living legacy commemorating the
200th Anniversary of the Constitution.
Supervisor Bradshaw moved the Board appoint Juanita L. Byrum as the
Board's representative to work with the Su=folk Peanut Festival Committee
to help with the preparation for same. The motion passed unanimously.
//
On motion of Supervisor Turner, the Board voted unanimously to have an
attached ladder installed in the new administration building in order to
get to the roof of the building.
Supervisor Turner moved the Board authorize Public Works Director Bernd
to have Talbot & Associates, Ltd. draft specifications for pumping sewage
to the rear of the property from the new administration building. The vote
in favor was unanimous.
Public Works Director Bernd offered to see that the dedicated computer
circuits are installed in the new building addition without utilizing the
$5900 bid by Henderson, Inc. for 25 circuits. On motion of Supervisor
Turner, the Board voted unanimously to accept Mr. Bernd's suggestion.
Supervisor Turner moved the Board authorize Public Works Director
Bernd to advertise and let bids for 25 new trash containers. The motion
passed unanimously.
On motion of Supervisor Turner, the Board voted unanimously to authorize
Public Works Director Bernd to have a mobile radio installed in Herbert
Jones, Unit Director VPI Extension Service., Office. Mr. Bernd stated Mr.
June 4, 1987 Page 314
Jones had enough money in his budget to cover the costs involved.
//
Supervisor Turner moved the Board authorize Juanita Byrum to attend
the Southeastern Planning District Commission meeting in Norfolk at 10:00
A.M. on June 17th since W. B. Owen will be unable to attend. The vote in
favor was unanimous.
//
Per County Attorney Crook's request and on motion of Supervisor Bailey,
the Board voted unanimously to authorize County Attorney Crook to advertise
a public hearing for an amendment ordinance to the garbage collection and
disposal ordinance of the County Code.
Supervisor Turner moved the Board authorize County Attorney Crook to
advertise the following proposed ordinances for a public hearing.:
An Ordinance To Provide For Proration of Personal Property
Tax on Notor Vehicles and Mobile Homes
An Ordinance To Prohibit Dogs Running At Large Within Certain
Zoned Areas of The County of Isle of Wight
The vote in favor was unanimous.
Supervisor Turner moved the Board adopt the Resolution presented by
County Attorney Crook to add the Windsor Volunteer Rescue Squad and Rush-
mere Volunteer Fire Department to the list of accepted and approve rescue
and fire departments by the Board of Supervisors. The motion passed
unanimously.
RESOLUTION
WHEREAS, the General Assembly of the Commonwealth of
Virginia has provided by an act, known as the Virginia Line
of Duty Act as embodied in Title 15.1, Chapter 3, Article
1,1 of the Code of Virginia of 1950, as amended, a member of
any fire company or department or rescue squad which shall
have been recognized by an ordinance or resolution of the
governing body as an integral part of the official safety
program of such county. in gratitue to and in recognition of
such deceased for his sacrifice on behalf of-the people of
the Commonwealth, his beneificary shall be entitled to re-
ceive the sum of Ten Thousand Dollars ($10,000.00) payable
out of the general fund of the State treasury; and
WHEREAS, the Board of Supervisors of the County of Isle
of Wight adopted an ordinance on January 4, 1973, recognizing
the Carrollton Fire Department, Carrsville Fire Department,
Smithfield Fire Department, Windsor Fire Department and the
Smithfield Rescue Squad as an integral part of the official
safety program of the County of Isle of Wight, Virggnia, and
as such entitled to all the benefits of accruing to them
under the aforesaid Line of Duty Act; and
WHEREAS, the Board of Supervisors of Isle of Wight
County, Virginia, adopted a resolution on June 6, 1974, adding
the Windsor Junior. Fire Department and Carrsville Rescue
Squad as an integral part of the offical safety program of the
County of Isle of Wight, Virginia; and
WHEREAS, there now exists in the County of Isle of Wight
the Rushmere Volunteer Fire Department and Windsor Rescue
Squad which are an integral part of the official safety pro-
gram of the County of Isle of Wight and -..should be added by
resolution of the governing body of the County of Isle of
Wight as provided in Section 15.1-136.2 of the Code of Virginia
of 1950, as amended,
June 4, 1987
Page 315
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia, that
the Rushmere Volunteer Fire Department and Windsor Rescue
Squad are hereby recognized as an integral part of the
official safety program of the County of Isle of Wight, Virginia,
and as such are entitled to all the benefits accruing to them as
shall or may be available as provided for in the acts of the
General Assembly of Virginia as embodied in Title 15.1,
Chapter 3, Article l.l, Sections 15.1-136.1 through 15.1-136.7
of the Code of Virginia of 1950, as amended.
//
Supervisor Ross moved the Board donate $250.00 to the Isle of Wight/
Smithfield Chamber of Commerce to help defray the cost of sending a gift
(restored peanut planter) to Isle of Wight, England with the money to be
taken from the Contingency Fund. The vote in favor was. unanimous.
//
Supervisor Ross moved the Board direct County Attorney Crook to draft a
letter of commendation to the Isle of Wight/.Smithfield Chamber of Commerce
for their assistance in helping to make the Smithfield Ham & Gourmet
Festival a success. The vote in favor was unanimous.
Supervisor Bradshaw moved the Board direct County Attorney Crook to
draft a letter of commendation to Smithfield Packing Company, Inc. for
their assistance in helping to make the Smithfield Ham & Gourment Festival
a success. The motion carried unanimously.
//
On motion of Supervisor Ross, the Board voted unanimously to appoint
H. R. Gary, 303 Moonfield Drive, Smithfield, Virginia, to serve another
term as a member of the Isle of Wight Commission on Aging.
//
Supervisor Turner moved the Board approve the General Fund Bill Register
as amended. The vote in favor was unanimous.
//
Supervisor Ross stated the May 7, 1987 Board of Supervisors minutes
should be corrected to show that Chairman Bradby voted nay relative to
employing the low bidder, E&W Cleaning, for janitorial services at the
Courthouse beginning June 1, 1987. Supervisor Ross moved the April 29
and May 7 minutes, as corrected, be approved. The vote in favor was
unanimous.
//
At 7:15 P.M. Supervisor Ross moved the meeting be continued until
10:00 A.M. June 17, 1987 at Sammy & Nick's Restaurant in Smithfield to
interview candidates for the. position of county administrator. The vote
in favor was unanimous.
Henry H. Bradby, Chairman.
Juanita L. Byrum, Clerk