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09-03-1987 Regular MeetingPage 382 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H. Bradby, Chairman C. Fred Bailey, Vice Chairman Joel C. Bradshaw, Jr. Richard L. Turner ABSENT: Thomas L.Ross Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator Terry D. Lewis, Planning Director Betty Scott, Secretary The Chairman called the meeting to order at 2:07 P.M. The invocation was given by Supervisor Turner. I/ R. W. Coates, Resident Engineer, Department of Highways and Transportation, informed the Board members he had not gotten an answer relative to the railroad crossing on Route 638. Mr. Coates continued stating the signal line has to be adjusted and as soon as that has been done he will be able to provide the Board with a cost estimate for the needed repairs. Mr. Coates also informed the Board members that the wore on the bridge on Route 10 near the Isle of Wight/Surry County litre should ready for opening by Friday, September 4, 1987. Chairman Bradby told Mr. Coates he had received several calls from farmers relative to the work being done on the bridge on Route 611 presenting a hardship during the harvest season. N'.r. Coates replied, "The work should be completed within the next week or two. It was a job that had to be done". // The Chairman called for a public hearing on the following rezoning applications: 1. The application of Eloise P. Luter for a change in zoning classification from A-1, Agricultural Limited, to R-A, Rural Residential, approximately one acre of land located on the west side of Route 602, between Routes 644 and 600, in Newport Magisterial District. The purpose of the application is for one rural residential lot. W. R. Stephenson, realtor, appeared to represent the applicant. Mr. Stephenson said that since the application had been heard by the Planning Commission, it had been determined that there are two available lots and they would like to rezone for two residential luts rather than the one lot approved by the Planning Commission. Therefore, he asked the Board to return the Gpplication to the Planning Commission for reconsideration. No one appeared in opposition. Supervisor Bailey moved the Board return the application of Eloise P. Luter for a change in zoning classification from A-1, Agricultural Limited, to R-A, Rural Residential, approximately one acre of land located on the west side of Route 602, between Routes 644 and 600, in Newport Magisterial District to the Planning Commission for reconsideration. The vote in favor was unanimous. t ,, 1 1 September 3, 1987 Page 383 1 2. The application of Tillman Jenkins, owner, and Pamela R. Vaughan, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located en the east side of Route 615, between the Seaboard Railroad and the City of Suffolk line, in Windsor Magisterial District. The purpose of the application is for the permanent location df one mobile home. Pamela Vaughan appeared and stated she was asking permission to place a mobile home on this acre of land. She continued stating it would be a 1987 model, 14x76 and they will keep it on the property until they can build a house. No one appeared in opposition. Mr. Lewis reported the Planning Commission recommended approval. On motion of Supervisor Bradshaw, the Board voted unanimously to approve the application of Tillman Jenkins, owner, and Pamela R. Vaughan, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located on the east side of Route 615, between the Seaboard Railroad and the City of Suffolk line, in Windsor Magisterial District. 1 3. The application of William S.Byrum far a change in zoning classification from Conditional R-MH-A, Conditional Rural Mobile Home District, to Conditional M-1, Conditional Industrial Limited, .5 acre of land between Routes 665 and 10, in Newport Magisterial District. The purpose of the application is for storage and sale of tires under cover. William S. Byrum and James Bryum appeared. William Byrum stated there has been a complete misunderstanding. of the application; he does not plan to store tires. His work is done on the site. He did not want to rezone the property, but was told he had to rezone. Mr. Byrum. continued stating that occasionally he does have from four to twelve tires on his premises, but they are moved. back to the site within two to three days. County Attorney Crook asked Planning Director Lewis to explain why the Planning Commission recommended against the rezoning. Mr. Lewis stated the Planning Commission recommended denial noting that the proposed use was not compatible. to the existing or intended residential development of the area. Following discussion, Supervisor Turner suggested the applicant be allowed to withdraw his application. Mr. Byrum stated he would like to withdraw his application. 1 On motion of Supervisor Bailey, the Board voted unanimously to allow William S. Byrum to withdraw his application for a change in zoning classification from Conditional R-MH-A, Conditional Rural Mobile Home District, to Conditional M-1, Conditional Industrial Limited, .5 acre of land between Routes 66.5 and 10, in Newport Magisterial District. // Supervisor Turner, moved the Board amend the agenda to hear a presentation by the Isle of Wight County Public Service Authority relative to the Tidewater Brandermill September 3, 1987. Paqe 384 Associates Gatling Pointe and Cypress Run Associates Shopping Center projects. The motion carried unanimously. Planning Director Lewis gave the following report: Concerning the request of the Town of Smithfield to extend it sewerage system beyond the limits of the Town into Isle of Wight County in order to serve the proposed developments of Gatling Point by Tidewater Brandermill Associates and the Smithfield Shopping Plaza on property of Cypress Run Associates the Isle of Wight County Public Service Authority declines concrete action but emphatically condemns the prior decisions of the Isle of Wight County Board of Supervisors to allow ownership by the Town•of Smithfield of sewer lines to be installed in .the. County of Isle of Wight, since such action constitutes a mixed policy concerning water and sewer services within the County and violates recommendations of the Overman Associates engineering study which advises sole ownership and control of all water and sewer service within the County. Therefore, it behoves the Board of Supervisors to carefully consider final actions upon the requests and in the interest of consistency in policy to perhaps counsel with the Town of Smithfield concerning a method of reaching a workable compromise, which could prove to be in the best interest of all parties over the lc.ng term. The Public Service Authority voted to recommend that the request of the Town of Smithfield to extend water lines beyond the limits of the Town into Isle of Wight County in order to serve the proposed developments of Gatling Pointe by Tidewater Brandermill Associates and Smithfield Plaza Shopping Center on property of the Cypres Run Associates be granted, but only if the builders of such 'lines which lie in Isle of Wight County, agree to donate the portions of the lines to the Isle of Wight County Public Service Authority. Planning 'Director Lewis stated the Overman study suggests the County consider entering into some kind of a pact or agreement with the Town of Smithfield whereby sewage services can be obtained from the of Town of Smithfield and these areas in turn would be served by mains that would be extended into the area with the sewage carried to the Town of Smithfield for serving. The same recommendation essentially is that water be provided to this area through mains that would be owned by the County with the services actually being obtained from the Town of Smithfield. Mrs. Jones presented a review of the progress of the Tidewater Brandermill Associates and Cypress Run Associates projects and stated it is important the Board note that it has limited grounds as to reasons it can turn down the request. Mrs. Jones further stated the construction plans have not been made but as soon as they are they would be back before the Board. Mrs. Jones asked the Board to please consider her clients position and grant the Town of Smithfield's request to extend the water and sewer lines. Branch Lawson, Vice President of the Tidewater Brandermill Associates, said the company thought the June 18 vote by the Board included water service from Smithfield. If not, the Associates would have moved to engineer an independent water system that could have been considered by the State Water Control Board. Mr. Lawson continued stating now such a review will be delayed until late December. C Mrs. Jones stated the Board minutes showed they had approved her written request for both water and sewer September 3, 1987 Page 385 1 [1 services in April, but did not settle the question of ownership. Mrs. Jones further stated in June the Board was acting on both utilities when it did not oppose town ownership and noted the Board's minutes refer to town services. Mrs. Jones asked the Board to be consistent with the January rezoning of the 168 acre Gatling Pointe property. The Board minutes show the rezoning was passed contingent upon the condition the subdivision's water and sewerage systems will be provided for by the Town of Smithfield or come back to the Board for further consideration, said Mrs. Jones. County Attorney Crook stated that following discussions between the County and the Town we had an executive session at which time I related to the Board the discussions that had taken place between the County and the Town. During those discussions, the Town had indicated interest in ownership of the sewer system. They had indicated that they were not interested in ownership of the water system. So when we came back out, as a result of the discussions in executive session and of the negotiations that had taken place, the motion was carefully worded for sewer only and not for water. The letter that followed to the Town stated again that it was for the. sewer lines to the development and that letter also pointed out that no official request had been made from the Town. The developers can request all that they want, but it has to come from the Town. So we have no request from the Town until the letter of August 5th written by Mr. Delk. In his letter of August 5th they requested not only sewage and this is the first time that. the Town of Smithfield, at any time, has indicated any interest in extending its water line to this development in the County.. They never indicated at any time during our negotiations or discussions - they never asked for the water. They indicated it was fine for the Ccunty to have the water and the Public Service Authority to have the water. They were interested in the sewer system because it was their sewage treatment plant. And, I think they had some questions as to whether their water system was adequate to extend out into the County and take on additional customers. I still question whether it is adequate to do so. This backup well may be more than just a backup well. It may be an additional so~irce of water for the Town's water system. The County has to make a determination on the adequacy of the system, not only the size of mains, but the supply of water. WE do not have the information from the Town and/or the developer to make a determination at this time on the adequacy of the water supply or the water system. as proposed. I think the Board should not, at this time, approve the request on the water system until a determination is made by the Board concerning ownership and concerning the adequacy of the water supply. If the water supply is going to be generated from the developer himself, then I think the PSA is certainly ia~ order to say it should belong to the County because it is being built by the developer in the County and it should be given to the County rather than given to the Town, but in view of the actions you have taken previously, I think that you are bound to qo ahead and at this time approve the request for the sewer system. I/ 1 At 3:35 P.M. Supervisor Turner moved the Board have a ten minutes recess: The vote in favor was unanimous. The Board reconvened at 3:50 P.M. // County Attorney Crook stated the Board is prepared at this time to approve the written request by the Town of Smithfield, by letter of August 5 and August 20, to approve the Town sewer extension for Isle of Wight County with the September 3, 1987 Page 386 condition the size should be adequate to serve the project as well as other residences which come on later. On motion of Supervisor Bailey, the Board voted unanimously to approve the Town of Smithfield's request to extend the sewer lines for the Gatling Pointe project with the condition that the plans for the extension of the sewer line be reviewed and approved by the PSA in order to make certain that the proposed extensions would comply with recommendations of the Overman study. Supervisor Bailey moved the Board approve the extension of sewer lines to the Cypress Run Associates project and as requested by the Town of Smithfield. The motion passed with Supervisors Bailey, Bradshaw, and Bradby voting aye and Supervisor Turner abstaining. . Supervisor Bailey moved the Board approve the supply of water by the Town of Smithfield to Cypress Run Associates development through the County (School Board) owned pipeline which runs to the new Smithfield High School provided the distribution system is conveyed to the Public Service Authority. The motion passed with Supervisors Bailey, Bradshaw and Bradby voting in favor and Supervisor Turner abstaining. Supervisor Bradshaw moved.. as follows (read by Mr. Crook): In view of the recommendation of the Public Service Authority and consultants and lack of information provided as to water supply, and size of mains, the Board denies the request of the Town of Smithfield to extend its existing water system beyond the Corporate limits of the Town to serve the Gatling Pointe development as requested by the Town by letter of August 5, 1987 and personal appearance of Town Attorney of August 20, 1987. The motion passed by unanimous vote of the Board. // Chairman Bradby called for a public hearing on the following rezoning applications: 4. The application of Ralph W. Oliver,•Sr., owner, and Judith O. Edwards, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home .District, 2 acres of land located On the north side of Routes 602, 10 and 32, in Newport Magisterial District. The purpose of the application is for the permanent location of one double wide mobile home. Ralph Oliver, Sr. and Judith 0. Edwards appeared. No one appeared in opposition. The' Planning Commission voted unanimously to recommend approval. On motion of Supervisor Turner, the Board voted unanimously to approve the application of Ralph W. Oliver, Sr., owner, and Judith O. Edwards, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural N.obile Home District, 2 acres of land located on the north side of Routes 602, 10 and 32, in Newport Magisterial District. 5. The application of Donald R. and Sharon A. Gregory for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, 1.0592 acres of land located on the north side of Route 665 and the James River, in Newport 1 1 fl September 3, 1987 Page 387 Magisterial District. The purpose of the application is to divide the existing parcel into a total of two parcels. D Donald Gregory appeared and stated they would like to divide the property because they plan to construct a home for his wife's parents and would like to deed same to them. Mr. Gregory distributed, to the Board members, photographs Gf the area and presented a petition, signed by the neighbors, in favor of the rezoning. Mr. Gregory also presented three letters in support of the application. "September 3, 1987 To: Board of Supervisors of Isle of Wight County We hereby endorse the application of Donald and Sharon Gregory to rezone their property from Agriculture to Residential. We understand the purpose of this rezoning is to divide the existing property into two parcels. s/Raymond T. and Pauline Harris Route 2, Box 141 Carrollton, VA." "Sept. 2, 87 My property joins Donald and Sharon Gregory's property. I have no objection to the change in zoning from agricultural to residential. n L__J I think it will be a good move for the community. Sincerely, s/Elizabeth S. Joyner Route 2, Box 91 Carrollton, Va. 23314" "September 2, 1987 Dear Sirs: As an adjacent property owner of Dan and Sharon Gregory, I feel you should allow them to rezone their property so her family can live adjoining. There is no greater joy than having one's family together. I feel you would be doing the community a disservice if you do not permit the rezoning. Thank you, Jeanette B. Chapman Rte 2, Box 92 Carrollton, Va." 1 Mr. Gregory further stated the Planning Commission recommended denial because the property had previously been subdivided. Mr. Gregory stated they plan to begin construction in the fall, they will build a rancher, have a deep well water system, the land is well drained and there will be no sewage problem. Mr. Gregory asked the Board to consider the application on its individual merits. On motion of Supervisor Turner, the Board voted unanimously to approve the application of Donald R. and Sharon A. Gregory for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-l, Conditional Residential Limited, 1.0592 acres of land located on the September 3, 1987 Page 388 north side of Route 667, between Routes 665 and the James River, in Newport Magisterial District. // Grace Keen, Chairman of the Benns Church Beautification project, informed the Board members she has collected the necessary funds, $1,313, to proceed with the work which will begin this week. Mrs. Keen also expressed concern regarding the traffic on Route 17 due to the farmers market area. Mrs. Keen stated she would like the Board to contact the Department of Highways and Transportation relative to using their old property near the intersection of Routes 17 and 32 as a tailgate operation for vendors because it would be a safer area for the customers and vendors.' Following discussion, Supervisor Turner stated he would contact Mr. Coates regarding same. // Planning Director Lewis informed the Board members the Public Service Authority had reviewed the rezoning application of the Yeoman r'arm Trust and recommended the following: (1) The applicant shall apply to the Public Service Authority for water and sewage treatment services and (2) If water and sewage treatment services cannot be obtained through the Public 3ervice~ Authority ~::d if a central water system or package treatment plant is constructed by the developers tc serve the property, then such system shall be conveyed, at no cost, to the Public Service Authority. Mr. Lewis continued stating that Mrs. Jones, attorney representing the applicant, may wish to ask that you table same, I don't want to talk for her. Ann Simpson Jones, attorney representing the applicant, stated yes sir, thank you, I definitely to table this in light of two matters. Several reasons, I guess I should say. I was unaware this Public Service Authority had met with my client on this matter. Neither my client nor I received notice of that and didn't have the opportunity to appear there. Mr. Lewis did let me know this afternoon about the actions of the PSA. Gentlemen, my understanding was that the rezoning had occurred, was approved on August 20th. It was not a conditional rezoning request. I have a letter confirming the approval of the application as .submitted to you and. it was stated at the time of that hearing that in the future Mr. Bailey wanted to make sure the PSA would be advised of the rezoning application by letter to Buck Thompson, the Chairman, but. my notes the letter from the County Administrator indicates that the rezoning application has been acted upon and approved. So I am at a lost as to....Supervisor Turner moved it be tabled until our next regular scheduled meeting in order to allow Mrs. Jones to talk to her client as well as to find out what developed. Mrs. Jones stated it has been approved. The matter is closed. County Administrator Standish asked what is to be tabled here. Mrs. Jones replied the rezoning application has been granted. Supervisor Turner stated he did not think it had. Supervisor Bailey stated the approval was conditioned on approval by the PSA. Mrs. Jones replied that's not what I recall. and it's not what the letter from the County Administrator recalls, perhaps you need to check your minutes on that. That's why you requested that to be tabled, stated Chairman Bradby. Again, Supervisor Turner stated I so move. The vote in favor was unanimous. 1 1 Mr. Lewis. requested the Board to authorize an exception to the subdivision plat under Section 7-28-4 of the ordinance for the well lot in the proposed Longview Acres September 3, 1987 Page 389 Subdivision. Mr. Lewis continued stating the .well lot does not meet thQ minimum size lot requirements. it Supervisor Turner moved the Board approve the well lot plat for the proposed Longview Acres Subdivision and authorize the subdivision agent to sign same. The vote in favor was unanimous. // On motion of Supervisor Bailey, the Board unanimously voted to approve the budget transfer request of County Administrator Standish to transfer $500.00 from 4302-1010 to 4302-3009 and $1,500 from 4203 to 4203-1003. Supervisor Bailey moved the Board direct County Administrator Standish to advise Virginia Supplemental Retirement System (VSRS) that Isle of Wight County wishes to participate in the program allowing participants in the sY~tem to have full retirement benefits at age 55 with 30 years of service. The motion passed unanimously. On motion of Supervisor Bradshaw,. the Board voted unanimously to direct County Administrator Standish to proceed working with the Health Department relative to the employment of a sanitarian, at an annual salary of ;19,235, which will be reimbursed to the County plus an additional 28 to cover the County administrative cost. 'r ~ _J County Administrator Standish recommended the Board approve the Farmers Home Administration (FmHA) leasing an office in the Public Services Building for a period of 5 years at the cost of $800 per month which will be increased each year in the same amount as the cost of living goes up. Supervisor Turner moved the Board concur with Mr. Standish's recommendation. The motion carried unanimously. On motion of Supervisor Turner the Board unanimously voted to adopt the resolution to take certain streets in Cannon Acres, Section I and II, into the State secondary system. RESOLUTION VIRGINIA At a regular meeting of the Board of Supervisors of Isle of Wight County, held in the Isle of Wight County Courthouse on September 3, 1987, on motion of Supervisor Turner, the following resolution was duly passed. WHEREAS, the Resident Engineer of the Virgiia Department of Highways and Transportation has this day advised this Board that streets in Cannon Acres, Sections I and II, Newport Magisterial District, Isle of Wight County, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. it THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the followi:g described streets in Cannon Acres Subdivision, Sections I and II: 1. CANNON DRIVE: Beginning at a point on State Route 661 (south), O.IO miles southwest of its intersection with Sicate Route 1905= thence, running in a northerly direction, 0.30 miles; thence, running in a westerly September 3, 1987 Page 390 direction, 0.22 miles to a cul-de-sac. Length: 0.52 miles Right of Way: 50 feet Total Length: 0.52 miles 2. GREGORY DRIVE: Beginning at a point on Cannon Drive, 0.18 miles north of its intersection of State Route 661 (south); thence, running in a southwesterly direction 0.11 miles; thence running in a northwesterly direction 0.12 miles to its intersection of Cannon Drive (0.41 miles northwest of State Route 661 south) Length: 0.23 miles Right of Way: 50 feet Total Length: 0.23 miles 3. MARK COURT: Beginning at a point on Gregory Drive, 0.07 miles southeast of Cannon Drive intersection (0.41 miles northwest of State Route 661 south); thence, running in a northeasterly direction 0.06 miles to a cul-de-sac. Length: 0.06 miles Right of Way: 50 feet Total Length: 0.06 miles 4. LAURIE COURT: Beginning at a point on Cannon Drive, 0.29 miles north of its intersection of State Route 661 south; thence running in a northeasterly direction 0.05 miles; to a cul-de-sac. Length: 0.05 miles Right of Way: 50 faet Total Length: 0.05 miles 5. KAY COURT: Beginning at a point on Cannon Drive, 0.48 miles north of its intersection of State Route 661 south; thence, running a southeasterly direction 0.07 miles to a cul-de-sac. Length: 0.07 miles Right of Way: 50 feet Total Length: 0.07 miles Unrestricted rights of way fifty (50) feet in width and additional right-of-way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court of Isle of Wight County in Plat Book II, Page 26, dated November 4, 1982; Plat Book 12, Page 54, dated September 14, 1987, and is guaranteed. County Administrator Standish recommended the Board approve the County participating in the cost sharing agreement with the City of Franklin relative to the expansion of their sewage facility in the amount of $19,165 and the funds to come from the unappropriated fund balance of the general fund. Supervisor Bailey moved the Board concur with Mr. Standish's recommendation. The vote in favor was unanimous. 1 1 Upon the request of County Administrator Standish and on motion of Supervisor Turner the Board voted. unanimously to authorize Mr. Standish to review alternatives for the County refuse collection system. September 3,1987 Page 391 /I ~, L_ Supervisor Bailey moved the Board kill the "Ordinance To Provide For Proration of Personal Property Tax". The motion passed with Supervisors Bradby, Bailey and Bradshaw voting aye and Supervisor Turner voting nay. // Supervisor Bailey moved the .Board appoint Frank Spady, Jr. to serve another term as a member of the Board of Building Appeals. The vote in favor was unanimous. Supervisor Bailey moved the Board appoint Dianne Treier to serve as the County's representative on the Tidewater Emergency Medical Services ITEMS). The motion .passed unanimously. // Supervisor Turner moved the Board approve the following amendments to the General Fund Bill Register: 2016-5401, State Board of Elections - magnetic tape/registered voters list - $76.50; 9102-2005, Blue Cross/Blue Shield - hospital insurance, $4,358.92; 4901-5408, S. W. Rawls- gasoline, $428.86; 5205-5408, S.W. Rawls - gasoline, $223.05; and 3102-5408, S. W. Rawls - gasoline, $1,236.01. The vote in favor was unanimous. Supervisor Bailey moved the Board approve the General Fund Bill Register as amended. The motion passed unanimously. // County Attorney Crook informed the Board members the August 20 and August 27, 1987 minutes were not ready for approval. // At 4:55 P.M., Supervisor Turner moved the meeting be adjourned. The vote in favor was unanimous. Myles E. andish,.Cl k henry H. B adby, Chairma