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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 ~1 „~~ > ~.~f~.J ierk ~~. ,~ 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