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02-18-1988 Regular Meetinge AY .5 nr , REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas L.Ross Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator Hilda W. Harmon, Budget and Finance Coordinator Terry D. Lewis, Planning Director ' Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 6:59 P.M. The invocation was given by Supervisor Turner. !/ R. W. Coates, Resident Engineer, Department of Highways and Transportation, gave a presentation to Board members relative to the replacement of the Pagan Creek Bridge. Mr. Coates stated the stage construction could be done by building in two sections which would take approximately 20 months to two years for an estimated cost of $631,000 more than to tear down existing bridge and detour. Mr. Coates stated he feels it would be more practical to go to construction by the year 1990; to replace bridge and reopen in the late fall or by Christmas of 1990. Mr. Coates discussed the pros and cons of detouring and stated a public hearing would be conducted March 23, 1988 with the time and location for same to be provided later. Supervisor Ross expressed concern regarding the stop light situation and plans for an outlet from Route 666 onto the by-pass. Mr. Coates replied, "6Ve will get into that later, after the public hearing the traffic aspects will be reconsidered". Supervisor Turner questioned the possibilities of a trade-off with wetlands for a parallel bridge. W. C. Johnston, representing the Isle of Wight/Smithfield Chamber of Commerce, informed the Board members the Chamber is very strongly opposed to the proposed plans to close the Pagan Creek Bridge for construction and indicated they favored the third alternative which was to keep the bridge open while building a parallel bridge. Mr. Johnston stated they believe it will adversely affect all businesses in the Town of Smithfield, as well as employees being able to go across Town for lunch if the bridge was closed during construction. Mr. Johnston asked the Board to support the third alternative so that traffic will not be interrupted for any extended period of time. Supervisor Edwards asked Mr. Coates <.o review the drainage problems on Routes 1302, 1303 and 1304 in the Central Hill area, to which Mr. Coates stated he would. // Chairman Bradby called for a public hearing on the following rezoning application: The application of Sinclair Spruill for a change in zoning classification from R-1, Residential Limited, to Conditional R-MH-A, Conditional Rural ~. ~ao~ 14 ~ac~' 36 Mobile Home District, Lot 51 and part of Lot 52 of Booker T. Estates, located 'on the north side of Routes 31 and 258, in Newport Magisterial District. The purpose of the application is to allow the location of a mobile home conditioned on the mobile home being occupied by Sinclair Spruill. Lydon Harrell, attorr_ey representing the applicant and the Christian Broadcasting Network, appeared and introduced Sinclair Spruill and Rev. Samuel D. Beiler. Attorney Harrell stated that Mr. Spruill's trailer had been destroyed by fire and that they had acquired a trailer to give to Mr. Spruill to put on his property to live in until his death. The person providing the mobile home will pay all necessary expenses, stated Attorney Harrell. Attorney Harrell continued stating the mobile home is a 1968 model and is in excellent condition, however, the county ordinance requires that mobile homes being moved into the County have to be 1975 or later models. Attorney Harrell asked the Board's consideration in granting the permit to allow Mr. Spruill to live in the mobile home until his death at which time his heirs will remove the mobile home. County Attorney Crook informed the Board members that the Board of Zoning Appeals has granted a variance for the age of the mobile home after the Building Official inspected the mobile home and found it to be safe for occupancy. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of Sinclair Spruill for a change in zoning classification from R-1, Residential Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, Lot 51 and part of Lot 52 of Booker T. Estates, located on the north side of Routes 32 and 258, in Newport Magisterial District. Supervisor Edwards expressed thanks to the Christian Broadcasting Network for their support of this application, as well as their support in similar cases. The Chairman called for a public hearing on the proposed refuse collection system. Bob Leber, resident of 19 St. Catherine Street, commended the Board of Supervisors and the County Administrator for addressing the controversial subject .and stated he was in favor of the proposed method of refuse collection. The trash sites are a mess, stated Mr. Leber. Branch Iawson, partner in the Tidewater Brandermill Associates/Gatling Pointe Development and prospective County resident, applauded County Administrator Standish on his efforts for a new refuse collection system. Mr. Lawson stated he feels systematic trash collection and disposal are essential to Isle of Wight County. George Pond, Carrisbrooke resident, stated he would appreciate yard-to-yard pickup and feels that maybe a compromise could be worked out. Mr. Pond stated he feels the Board needs to look ahead and asked their favorable consideration. Phyllis Bloxom, on behalf of the Rushmere Civic League, stated they do not feel that once a week pickup will be adequate. She- also expressed concern relative to people living back off the main road as to whether their trash would be picked up at their door or if they would have to transport it to a specified location. She also wondered as to whether County residents could afford to purchase $25-$40 dog proof trash containers and wondered if the cost of trash pick-up would raise County taxes. 1 eoa~ 14 racy 37 Pete Green, resident on Route 638, stated he feels it is admirable to offer door-to-door trash collection, but does not feel it worth while now, He expressed concern with picking up trash on Routes 460 and 258, as frequent stops would cause traffic problems. Ann Simpson Jones, attorney representing mobile home park owners - Clydesdale, Beaverbrook Manor, Duke, Duck's, Twin Pond, Isle of Wight Mobile Fiome Village, Jones Creek banding, and Smithfield Trailer Park, appeared and stated her clients strongly object to door-to-door trash collection that would not apply to mobile home parks. Mrs. Jones continued stating mobile home parks were excluded when the package was sent to the bidders and all citizens pay taxes, but the residents at mobile home parks will not receive the service. John Spiers, County resident, stated he does not feel the County is ready .for door-to-door collection and the Board should continue to think of Isle of Wight County as a rural County. Mr. Spiers continued stating he feels the County resident should be informed when the trash dumpsters will be picked up and that the County should watch dumpster sites to single out people using the sites who do not live in the County. Henry Hearn, County resident, mobile home park owner and Smithfield Town Council member, stated he feels the use of dumpster sites should not be discontinued; that they should be fenced in and the County should construct a comfortable shack and employ watchmen (retired persons) to police the dumpster sites. Mr. Hearn also feels there is no reason pick-ups cannot be done in the mobile home parks if the proposed door-to-door refuse system is approved. Supervisor Bradshaw stated he concurred with Mr. Hearn's comments. Supervisor Bradhsaw also stated he would like for the dumpster sites to be moved in Carrsville and Walters and put on State property. Supervisor Edwards spoke in opposition to the proposed door-to-door refuse collection stating he had had a lot of telephone calls from citizens asking that the present.method be improved. Supervisor Turner suggested that County Administrator Standish study the matter further and report back to the Board as to alternatives to be considered to include the possibility of policing the areas. Francis Griffin, Windsor District resident, stated that in his area for the past three or four weeks the dumpster sites have been kept clean. He stated there is a different driver now. who knows what to do with the truck and can operate it efficiently. Chairman.Bradby stated he had received telephone calls and letters in opposition to the proposed door-to-door refuse collection with only one person being in favor. The Chairman stated he was opposed. Supervisor Ross invited the people to move into the Town of Smithfield and for 20$ more taxes they can have house-to-house collection. Supervisor Bradshaw expressed concern regarding the schools' trash .collection and the trash collection fro the shopping center in the annexation area as to whether they would be included in door-to-door collection or if they would have dumpsters. On motion of Supervisor Turner, the Board voted unanimously (5-0) that the matter of door-to-door collection be tabled and the County Administrator and staff review the ii 800.K ~4 PAGE ~O suggestions brought out by the citizens and same be considered at a later meeting. Supervisor Turner moved County Administrator Standish be directed to talk with Sheriff Phelps to ask assistance in surveilling the dumpster sites. The motion passed unanimously (5-0). // At 8:30 P.M. Supervisor Turner moved to have a ten minute recess, which passed unanimously (5-0). The Board reconvened at 8:45 P.M. ' // Madeline Folks, representing the Rushmere Civic League, stated they would like to thank the Isle of Wight County Public Service Authority for working with the interest of the citizens of Isle of Wight County in mind. Mrs. Folks stated she thinks a thorough Survey should be made before accepting a sewer system such as proposed by Queen Anne's Court. Mrs. Folks continued stating she feels the Public Service Authority should be thanked publicly by the citizens for what they have done for the citizens. R. L. Walker, President of the Central Hill Improvement Club, stated they still have a few problems in the Central Hill Community and asked the Board's. help. Mr. Walker asked the Board to review the possibility of fire protection because it would take too long for either the Smithfield or Windsor Departments to respond if they had a fire. in that community. Mr. Walker continued expressing concern regarding junk cars, old abandoned houses and people driving excessive speeds on the short roads in the community. Mr. Walker was very concerned about dogs and cats breeding in cars and. the neighborhood children playing in the old cars. Supervisor Edwards inquired of County Attorney Crook whether the Court had held the County ordinance on junked automobiles unenforceable under the Dillon Rule. County Attorney Crook replied that he was not aware of any such ruling concerning the County ordinance prohibiting the keeping of inoperative vehicles on residential property. The County Attorney then read Section 11-2 of the County Code to the Board for their information. James E. Gall, Hardy District resident and mechanical plumber, stated he is opposed to dissolving the Isle of Wight County Public Service Authority and feels the action is being taken hastily, that the Authority has done a good job. // Planning Director, Terry D, Lewis, presented the following conditional use permit applications for the Board's consideration: 1. The application of Mary V. Wooster for a conditional use permit to locate a mobile home for her son, John Mark Wooster,. on 4.838 acres of land located on Route 704, in Newport Magisterial District. No one appeared in favor or in opposition. The Planning Commission voted unanimously to recommend approval, said Mr. Lewis. Supervisor Turner moved the Board approve the application of Mary V. Wooster for a conditional use permit to locate a mobile home for her son, John Mark Wooster, on 4.838 acres of land located on Route 704, in Newport Magisterial District with the condition the mobile home be goo ~~ ;-' ~~ occupied only by John Mark Wooster and his immediate family. The motion carried unanimously (5-0). 2. The application of Ray Hughes for a conditional use permit to locate a mobile home, for his farm tenant, on 173.45 acres of land located off Route 641 in Windsor Magisterial District. N No one appeared in favor or in opposition. Mr. Lewis stated the Planning Commission voted unanimously to recommend a~~roval_ On motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the application of Ray Hughes for a conditional use permit to locate a mobile home, for his farm tenant, on 173.45 acres of land located off Route 641 in Windsor Magisterial District with the condition the mobile home be occupied only by his farm tenant and his immediate family. 3. The application of Tidewater Brander~.mill Associates for a conditional use permit to locate a yacht club, marina and miscellaneous recreational uses and facilities for private use in a Townhouse Residence District, located off Route 704, in Newport Magisterial District. No one appeared in opposition. Mr. Lewis stated the Planning Commission voted unanimously to recommend approval. Branch Lawson, partner with Tidewater Brandermill Associates, appeared and presented illustrations of the land plan and an aerial photograph of the property. Mr. Lawson stated the layout will include a yacht club area, tennis courts and parking areas. The approximate cost will be $1.5 million said Mr. Lawson, and we plan to begin construction in March. ~l I Supervisor Edwards moved the Board approve the application of Brandermill Associates for a conditional use permit to locate a yacht club, marina and miscellaneous recreational uses and facilities .for private use in a Townhouse Residence District, located off Route 704, in Newport Magisterial District. The motion passed by unanimous vote of the Board (5-0). Planning Director Lewis presented the following subdivision plats for the Board's consideration: 1. Plat showing property owned by W. B. Owen and Alda O. Garner, .553 acre of land located on Route .1903, in Newport Magisterial District. Mr. Lewis stated the property was rezoned R-1 July 3, 1986 for the purpose .of a residential subdivision and most of the area around the site is either under construction with residential subdivisions or consists of existing residential development. Mr. Lewis continued stating the Highway Department has reviewed and approved the plat, and the plat has been reviewed by the Health Department. The ~' Planning Commission voted unanimously to recommend approval, stated Mr. Lewis. 1 Supervisor Bradshaw moved the Board approve the plat showing property owned by W. B. Owen and Alda O. Garner, .553 acre of land located on Route 1903, in Newport Magisterial District. The vote in favor was unanimous (5-O). 2. Plat showing Section One of Butler's Pointe, a three lot subdivision located on Route 654, in Newport Magisterial District. ~. Oq^~{ ~ ~ :nor u No one appeared in favor or in opposition. The Planning Commission voted to recommend approval of the plat, provided Lots B and C are served by a joint driveway entrance to Route 654, said Mr. Lewis. Mr. Lewis stated the property was rezoned R-1, Residential Limited, March. 5, 1.987 for the purpose of a residential subdivision. The plat proposes three lots and is considered Section Z of an overall subdivision to consist of 17 lots. Mr. Lewis further stated the Highway Department has reviewed and approved the plat and the plat has been reviewed by the Health Department. Chairman Bradby moved the Board concur with the Planning Commission recommendation .and approve the plat showing Section One of Butler's Pointe, a subdivision of three lots located on Route 654, in Newport Magisterial District with the condition Lots B and C are- served by a joint driveway entrance to Route 654. The motion carried unanimously (5-0). 3. Plat showing the subdivision of property owned by Senora Collins Porter, a nine lot subdivision, located on Route .654, in Newport Magisterial District. No one appeared in favor or in opposition. .The Planning Commission voted to recommend approval, stated Mr. Lewis. Mr. Lewis continued stating the property was rezoned to Conditional Urban Mobile Home District (C-RMH-1) February 6, 1986 for the purpose of no more than seven urban mobile .home lots and the proposed subdivision of nine lots is surrounded by mostly farmland with one single family house and two mobile homes located on the site. Mr. Lewis further stated the Highway Department has reviewed and approved the plat, and the plat has been reviewed by the Health Department. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the plat showing the subdivision of property owned by Senora Collins Porter, a subdivision of nine lots located on Route 654, in Newport Magisterial District. // County Attorney Crook informed the Board members he had prepared proposed amendments to the Animal Control ordinance, as suggested by the Animal Control ~~]arden, stipulating that dogs may be killed. when '°chasing'° livestock, as well as requiring rabies shots for cats when rabies emergencies are declared. County Attorney Crook asked that he be authorized to publish notice of public hearing for same. Supervisor Turner moved the Board authorize County Attorney Crook to advertise the proposed amendments to the Animal Control ordinance. The motion carried unanimously (5-0). County Attorney Crook reported to the Board in response to Mrs. Madeline Folks request at an .earlier meeting regarding a time frame for demolishing abandoned buildings that the dilapidated buildings ordinance has been superceeded by the Building Code and the time i~ governed by the gravity of the situation rather than .having a specified time limit. County Attorney Crook stated he had discussed this with the Building Official and his policy is to give 30 days notice to the owner for response and 60 days to either improve or demolish the structure. County Attorney Crook stated he does not recommend a change in the ordinance at this point in time. " J 1 1 8fl0~ l~ r ~1. County Attorney Crook reported that he had, at the request of the Board, prepared a proposed business license ordinance. County Attorney Crook stated this is a tax ordinance and as such will require publication for four consecutive weeks and the public hearing should be set for consideration at the Board meeting six weeks from now (April 7, 1988). Supervisor Ross asked County Attorney Crook if there is some way the staff can put a pencil to the ordinance and find out what kind of figures we will come up with. County Attorney Crook replied, "It could generate large revenues". County Attorney Crook stated he would ask the Commissioner of Revenue to check with other jurisdictions and get figures and estimate as to what revenue could be expected under this proposed ordinance. Supervisor Turner moved the Board authorize County Attorney Crook to advertise the business license tax for consideration at the April 7, 1988 Board meeting. The vote in favor was unanimous (5-0). // On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the final revenue sharing payment to the City of Franklin, in the amount of $14,777.25, and also provide the City of Franklin the calculations from the County's auditor. Supervisor Edwards moved the Board direct County Administrator Standish and County Attorney Crook to negotiate with Beacon Construction regarding the feasibility of the County accepting the sewer treatment plant. The motion passed by unanimous (5-OD of the Board members. On motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the budget transfer request of Sheriff Phelps to transfer $2,000 from line item 3102-1001 to line item 3102-1003. Supervisor Turner moved the Board authorize County Administrator Standish to conduct a second public. hearing relative to Community Development Block Grants which the County is eligible to apply for. The motion carried unanimously (5-0). County Administrator Standish stated, "We have studied the refuse collection, have received many comments and I am extremely pleased with the manner in which the citizens have let me know their opinions. I appreciate it very much and I am very proud to work for this County". // Supervisor Turner expressed concern relative to the Rising Star Church community, being able to tap onto the Tidewater Brandermill Associates sewage line, and asked County Administrator Standish to check the cost factors, feasibility of hookups, etc. // On motion of Supervisor Ross, the Board voted unanimously (5-0) to appoint Malcolm T. Cofer to serve as a member of the Planning Commission to replace Hollis F. Herring. The vote in favor was unanimous (5-0). Supervisor Ross asked County Administrator Standish to convey the Board's thanks to Hollis F. Herring for his services to the Planning Commission. ~f EoaK ~14 PA~~ d~ ; Supervisor Bradshaw moved the Board appoint Rawlston R. Rhodes to serve another term as a member of the Wetlands Board. The motion passed unanimously (5-0). // On motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the General Fund Bi11 Register, in the amount of $143,606.62, as well as the additional checks written during the month of January, in the amount of $73,555.93. // On motion of Supervisor Edwards, the Board voted unanimously (5-0) to approve the January 21, 1988 minutes as corrected. // Supervisor Edwards moved the Board go into executive session for the purpose of discussing with legal counsel and. staff members contractual and personnel matters. The motion passed unanimously (5-0). The Board went into executive session at 9:35 P.M. and returned to open session at 10x10 P.M. Upon returning to open session, Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0). ' Henry H. radby, Chairman, Myle ~ Standish, C rkj 4 I i 1 I ^ 1 1