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05-19-1988 Regular Meetingr s~A 14 ~ac~107 n ~J 1 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY. OF MAY 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 Steve G. Bowman, Lieutenant, Sheriff's Department Hilda W. Harmon, Budget and Finance Coordinator Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 7:04 P.M. The invocation was delivered by Supervisor Ross. // The Chairman called for a public hearing on the following ordinances: 1. An Ordinance To Amend The Zoning Ordinance Of Isle of Wight County On Restoration Require- . ments of Borrow Pits To Require Side Slopes of Three Feet Horizontal To One Foot Vertical To The Bottom County Attorney Crook stated that as the Zoning .Ordinance reads now, the ordinance requires three feet slope of sides to the water level only and the amendment ordinance will take it to the bottom. No one appeared in favor or in opposition. Supervisor Edwards moved the Board adopt the "Ordinance- To Amend The Zoning Ordinance Of Isle of Wight County On Restoration Requirements of Borrow Pits To Require-Side Slopes of Three Feet Horizontal To One Foot Vertical To The Bottom". The vote in favor was unanimous (5-0). AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY ON RESTORATION REQUIREMENTS OF BORROW PITS TO REQUIRE SIDE SLOPES OF THREE FEET HORIZONTAL TO ONE FOOT VERTICAL TO THE BOTTOM BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that Section 10-11-4.1 of the Zoning Ordinance of Isle of Wight County, Virginia, be amended to read as follows: 10-i1-4.1. Minimum slope of banks. All slopes around the edge of the excavated area shall be left with a slope no less than three (3) feet horizontal to one (1) foot vertical to the bottom. 2. AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY TO ALLOW ADMINISTRATIVE APPROVAL OF SUBDIVISION PLATS OF NO MORE THAN TWO LOTS County Attorney Crook stated the Planning Commission offered this as a policy and they adopted it; however, for it to take effect the Board of Supervisors. need to adopt an amendment to the subdivision ordinance. No one appeared in favor or in opposition. On motion of Supervisor Turner, the Board voted unanimously (5-0) to adopt "An Ordinance To Amend The Subdivision Ordinance of Isle of Wight County To Allow Administrative Approval Of Subdivision Plats Of No More Than Two Lots". •® eo~~ 14 ~~~108 AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY TO ALIAW ADMINISTRATIVE APPROVAL OF SUBDIVISION PLATS OF NO MORE THAN TWO LOTS BE IT AND IT IS HEREBY ORDAINED that the Sub- division Ordinance of Isle of Wight County, Virginia, be amended by adding thereto the following provisions 5-4.1. Administrative approval. The agent or his appointed representative shall have the authority to approve final subdivision plats of no more than two lots without review by the Planning Commission or Board of Supervisors. Chairman Bradby called for a public hearing on the following rezoning application which was tabled at the April 7 and 21, 1988 Board meetings: The application of Henry E. Layden for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, 26 acres of land located on the west side of Route 677, between Routes 626 and 678, in Hardy Magisterial District. The purpose of the application is for no more than 13 rural residential lots. Ann Simpson Jones, attorney representing the applicant, and stated that she was feeling 'ill and requested the .matter be tabled to later in the meeting. On motion of Supervisor Turner, the Board voted unanimously (5-0) to grant Mrs. Jones' request and table the matter until later in the meeting. // W. Douglas Casket', Assistant County Administrator/Community Development, presented the following conditional use permit applications for the Board's consideration: 1. The application of Ralph W. Oliver, Sr. for a conditional use permit to allow Thelma Oliver, sister'-in-law, to occupy the mobile home on his property on 27.878 acres of land located on the north side of Route 600, between Route 602 and Routes 10 and 32, in Newport Magisterial District. Mr. Casket' stated the area in question is composed of rural family residences and a few mobile homes located in the vicinity and the site is adjacent to the Oliver residence and is surrounded by farmland. Mr. Casket' continued stating that as a related matter,. it was brought to the attention of the Planning Commission that the conditional use permit issued to Junie F. Oliver, Jr. in 1983 for his mother, Thelma Oliver, to occupy a mobile home on his land would no longer be valid if this application was approved. The Planning Commission voted unanimously to recommend approval of the application and further recommended that the conditional use permit issued to Junie F. Oliver, Jr. be revoked, said Mr. Casket'. No one appeared in opposition. Supervisor Turner moved the Board approve the application of Ralph W. Oliver, Sr. for a conditional use permit to allow Thelma Oliver, sister-in-law, to occupy the mobile home on the property on 27.878 acres of land located on the north side of Route 600, between Route 602 and Routes 10 and 32, in Newport Magisterial District with the condition the conditional use permit issued to Junie F. Oliver, Jr. for Thelma Oliver be revoked. The motion carried unanimously (5-0). Mr. Casket' presented the following subdivision plats for the Board's consideration: 1. Plat showing property being conveyed to Cecil B. Peade, 5.492 acres of land located on Route 258, in Hardy Magisterial District. 1 1 1 !,~ ., eeeK 14 ~acF109 1 Mr. Caskey stated the proposed parcel of 5.492 acres parcel fronts on Route 258 near: Route 709 and-the site is located on the west side of Route 258 near the Virginia Power sub-station. All land surrounding the property is presently undeveloped except for the sub-station site and is presently being farmed, or is wooded and the two adjacent properties are zoned 8-1 and Conditional B-1, said Mr. Caskey. Mr. Caskey continued stating the plat has been reviewed and approved by the Virginia Department of Transportation, the Isle of Wight County Health Department and the Department of Community Development. The Planning Commission voted unanimously to recommend approval, said Mr. Caskey. Chairman Bradby moved the .Board approve the plat showing property being conveyed to Cecil B. Peade, 5.492 acres of land located on Route 258, in Hardy Magisterial District. The vote in favor was unanimous (5-0). 2. Plat showing the division of property ,owned by D. R. Collins, Rosa Lee M. Collins, C. R. Fitchett and Vivian D. Fitchett, a sub- division of five lots located on Route 673, in Hardy Magisterial District. 1 Mr. Caskey stated the site is located on Route 673 near the Tormentor Lake Farms Subdivision which is a large lot subdivision consisting 'of about fifty lots stripped along both sides of Route 673 and most of the lots are developed with upper middle income housing. Mr. Caskey continued stating the plat has been reviewed and approved by the Virginia Department of Transportation, the Isle of Wight County Health Department and the .Department of Community Development. The Planning Commission voted unanimously to recommend approval, stated Mr. Caskey. On motion of Chairman Bradby, the Board voted unanimously (5-O~r to approve the plat showing division of property owned by Fitchettllansubdivision MofCfivenslots locatedhont Routel673n in Hardy Magisterial District. 3. Plat showing Parcel F of the property owned by S. Othello Batten and Peninnah J. Batten, 11.636 acres of land located off Route 626, in Hardy Magisterial District. The site is located off Route 626 in a rural portion of the County that is developing at a moderate rate into a residential area and the land immediately surrounding the site is presently in agricultural use; however, the Littleton Estate Subdivision is located approximately 1/2 mile east of the site on Route 626 as. well as another cluster of housing, in several subdivisions, is centered about the intersection of Routes 626 and 677, approximately 3/4 mile west of the site, stated Mr. Caskey. The plat has been reviewed and approved by the Virginia Department of Transportation, the Isle of Wight County Health Department and the Department of Community Development, said Mr. Caskey. Mr. Caskey continued stating the- Planning Commission voted unanimously to recommend approval. On motion of Chairman Bradby, the voted unanimously (5-O) to approve the plat showing Parcel F of the property owned by S. Othello Batten and Peninnah J. Batten, 11.636 acres of land located off Route 626, in Hardy Magisterial District. 1 4. Plat showing the subdivision of Out Parcels 2 and 3 of property owned by Smithfield Associates, located on Route 10, in Newport Magisterial District. Mr. Caskey stated the property was rezoned B-1, General Business District, October 2, 1986 and represents a portion of the same property located on Route l0 which is currently under development by Smithfield Associates as a shopping center. The site is served by both public water and sewer, stated Mr. Caskey. Mr. Caskey continued, stating the shopping center site is located on the front side of land that currently contains the Camp-Renney Borrow pit and adjacent land south of the site is farm use and land north of the site contains a commercial horse stable. The majority of the land on the opposite side of Route 20 is vacant; however, it is adjancent to the Smithfield Square Shopping Center, and is available for development, either commercial or residential, and land behind the site is proposed for residential ., ~o~~ 14 ~~~~110 development upon completion of the borrow pit operation, said Mr. Caskey. The plat has been reviewed and approved by the Virginia Department of Transportation and the Department of Community Development, stated Mr. Caskey. Mr. Caskey also stated the Planning Commission voted unanimously to recommend approval. On motion of Supervisor Ross, the Board voted unanimously to approve the plat showing the subdivision of Out Parcels 2 and 3 of property owned b~ Smithfield Associates, located on Route 10 in Newport Magisterial District. Tie motion passed by unanimous vote of the Board. 5. Plat showing Springfield Downs Subdivision, a subdivision of fift}~ lots located off Route 602, in Newport Magisterial District. Mr. Caskey stated the site is located in a rural area of the Count and borders upon the Longview Agricultural and Forestry District and the land surrounding the site is wooded or is in crop land use except for stripped lots fronting along. both sides of Route 602. Mr. Caskey continued stating most of these lots have been developed with single family site built dwellings and the subdivision will be located approximately one mile from any. other resubstantial subdivisions with the closest subdivisions being Longview Acres and E. E. Holloway Estates Subdivisions, both under development, on Route 600. The engineering plans have been approved by the Virginia Department of Health, Division of Water Programs, the Soil Conservation Service, the Isle of Wight County Public Service Authority, the Smithfield Volunteer Fire Department and the Virginia Department of Transportation, stated Mr. Caskey. The plat has been reviewed and approved by the Department of Community Development, the Isle of Wight County Health Department has reviewed the soil study reports submitted by the developer, and approval from the Virginia Department of Transportation is imminent, said Mr. Caskey. Mr. Caskey continued stating the Planning Commission. voted unanimously to recommend approval, with the stipulation that the designated .21 acre dumpster site be eliminated. Supervisor Edwards moved the Board approve the plat showing Springfield Downs Subdivision, a subdivision of fifty lots located off Route 602, in Newport Magisterial District. The vote in favor was unanimous (5-0). // County Attorney Crook informed the Board members he had mailed them a copy of a groposed ordinance to .regulate the burning of woods and brush and asked the Board to authorize him. to advertise same for a public hearing at the June 16, 1988 Board meeting. On motion of Supervisor Ross, the Board voted unanimously (5-0) to authorize Mr. Crook to advertise the proposed ordinance to regulate the burning of woods-.and brush for a public hearing. on June 16, 1988. County Attorney Crook informed the Board members he had been requested to prepare a proposed ordinance to regarding inspection fees which he distributed to the Board members and asked the Board to authorize him to advertise same for a public hearing at the June 16, 1988 Board meeting. Supervisor Turner moved the Board grant Mr. Crook's request. The motion carried unanimously (5-0). // County. Administrator Standish introduced Linda Bean, Director, Department of Social Services, who gave the Board a presentation relative to the Long-term Care Services For the Impaired Elderly and asked the Board to adopt the resolution assigning to the Department of Social Services the primary responsibility for design and implementation of the annual long-term care plan and coordination efforts. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to adopt the resolution assigning to the Department of Social Services the primary .responsibility for design and implementation of the annual long-term plan and coordination efforts. RESOLUTION J g+ a~~K 14 F~~~111 1 WHEREAS, the General Assembly of Virginia by an Act embodied in Section 2.1-373.7 of the Code of Virginia has authorized the governing body of each county and city to designate a lead agenc}~ and member agencies to accomplish the coordination of local long-term care services for the impaired elderly; and WHEREAS, said statute requires the agencies to establish a long-term care coordination committee to guide .the coordination .and administration of public long-term care services with the membership of said committee to be comprised of, but not limited to representatives of .the local department of public health, the local department of public services, the community services board or community mental health clinic, the area agenc~- on aging and the local nursing home pre-admission screening team; and WHEREAS, the Board of Supervisors. of Isle of Wight County assigned to the Long-Term .Care Subcommittee of the Suffolk Human Resources Planning Council `the task of designing the lone-term care plan for`the impaired elderly and appointing the Isle of Wight County Department of Social Services. as the lead agency in the design and implementation of that plan in Isle of Wight County on December 2, 1982; and WHEREAS, the Superintendent of the Department of Social Services of Isle of Wight County has requested the Board of Supervisors of said County to adopt anew resolution assigning to the Department of Social Services of Isle of Wight County the primary responsibility for the design and implementation of the annual long-term care plan and coordination efforts. NOW, THEREFORE, be it resolved pursuant to Chapter 24 of Title 2.1 of the Code of Virginia, as amended, that the Department of Social Services of Isle of Wight County, Virginia, is hereby designated the lead agency to accomplish the coordination of local long-term care services and the Board of Supervisors further hereby creates a coordination committee to guide the coordination and ~' administration of public long-term care services for the impaired elderly in the County of Isle of Wight to consist of the Department of Social Services, the Western Tidewater Community Services Board, the Public Health Department, the Recreation Facilities Authority of Isle of Wight County, the<-Southeastern Virginia Area Model Program, the Smithfield Home and the Isle of Wight County Commission on Aging as the member agencies thereof. On motion of Supervisor Bradshaw, the Board voted unanimousl (5-Oj to approve the budget .transfer request to transfer 33,425 from line item 1102-5899 to line items 9405-9999, 9401-9999 and 1101-3002. County. Administrator Standish informed the Board members that the Virginia Department of Transportation had installed additional stop signs and speed limit signs in the Camptown area. County Administrator Standish advised the Board members he had been contacted by a County resident asking that Route 1609 be extended to make it a through road. Mr. Standish continued stating that the Virginia Department of Transportation had been contacted and the Department will work with the Board's request, but this type project ranks very low in priority. Mr. Standish stated he did not recommend a change in policy of sticking with the Department of Transportation's recommendation and he would advise the County resident accordingly. Community Development Director Caskey informed the Board members his department has been working on the concerns expressed by the Camptown residents relative to dilapidated structures and automobiles. Mr. Caskey stated they have completed investigations, which included about 450 residential lots, and . eo~K 14 PQ~~112 approximately 34 parcels were cited having inoperable automobiles and 27 recarding the building code - mobile homes not skirted and old buildings which need to be repaired or torn down. Mr. Casket' stated they are working on the problems and anticipate his department will be sending out violation letters shortly. County Administrator Standish informed the Board members that relative to the present borrow pit ordinance two administrative briefings had been held on May 4, 1988 and no one attended expressing their views; however, he and Mr. Casket' had reviewed and studied same and recommended the following proposed changes: a. Delete all references to "Planning Director" and "County Administrator", and replace with "Zoning Administrator or his designee". b. Section 10-i1-2 - Application and Procedures Under Section 10-11-2.2, the following information .may be considered as additional requirements under the application submittal: - provide information delineating the vehicular access to be utilized by the excavation operator and a statement listing the various public streets/highways to be used as haul routes. - provide an erosion and sedimentation control plan designed in accordance with all applicable State and Count requirements related to land disturbing activities. - provide an estimation of the total number of cubic yards to be excavated. - provide the proposed date on which excavation operations will commence, the proposed date on which such operations will be completed and the proposed date all required restoration measures will be completed. (In terms of operations plans and reclamation plans, requirements would be developed which further detail specific operational and restoration/reclamation standards.) c. Section 10-11-5 - Bond of Operator Under this Section, incorporate language which gives the County the authority to require surety (i.e., performance bond, letter of credit, cash payment, etc.) in an amount necessary to complete all phases of operation and restoration/reclamation, plus ten percent (10$) contingency. Such amount of surety would be recommended and endorsed by a certified engineer, licensed tc~ practice in the Commonwealth of Virginia.] Any chances to the approved bond amount! would require similar estimation provided by a certified engineer. d. Section 10-11-13 - (New Section) Incorporate regulation providing that any excavation permit issued under this Section shall expire five (5) years from the date of issuance. If the holder of the permit has not ®xceod®d tho quantities authorized by the permit, the holder may apply to the County for an extension of time, by providing the following information: (1) Cross sections submitted by an engineer or land surveyor, certified by, the Commonwealth of Virginia, showing the amount of excavation from the borrow pit; (2) Verification by the Commissioner of 1 d~ "K ~~ PG!:r~~J D Revenue that the owner of the property has paid fees for material previously excavated. Following discussion, Supervisor Edwards moved the Board authorize County Attorney to draft an amended borrow pit ordinance for the Board's. consideration. The vote in favor was unanimous (5-0). // Chairman Bradby called for consideration of the following conditional use permit application which was tabled at the May 5, 1988 Board meeting: The application of John S. Huber, owner, and Robert L. Sinclair, prospective owner, for a conditional use permit to locate a 20' x 30' block transmitter building and six 300' radio towers for WNIS radio, on thirty-three acres of land located off the west side of Route 10, between Routes 621 and 624, in Hardy Magisterial District. 1 Robert Sinclair appeared and distributed a copy of the Federal Communications Commission's report, OST Bulletin 65, relative to the hazardous affects of radio towers. Mr. Sinclair stated the 33 acres will be fenced, as well as each individual tower site which will keep persons out of the area. Mr. Sinclair also stated Harvey Jeric~an, engineer, was present and would be glad to answer any questions the Board members may have. Madeline Folks, President of the Rushmere Civic League, appeared and stated the Rushmere residents need to know what they are dealing with and how it will affect the citizens. The Civic League suggested that Mr. Sinclair proffered the following conditions: (1) the areas around each tower should 'be fenced in to contain the area where a level of unsafe exposure to radio frequency radation exists - the FCC has a publication called OST Bulletin #65 that gives this information (page 49) - Warning signs to go on these (39 feet or 12 meters for 50,000 wattsj, (2) the guy points for each tower to be fenced in and danger. signs erected on these, (3) as an added safeguard the perimeter of the total property should be fenced in and locked and marked with warning signs to further restrict public access to this area (33 acres), (4) to minimize erosion and run-off from this area, grass to be planted and n-aintained and (5) if this operation interferes with the residents' radio, TV or telephones, WNIS will be held responsible for making-any technical or engineering corrections to eliminate the problem. Mrs. Folks also recommended the new comprehensive land use plan include regulations for broadcast antenna regulations and the Community Development Director be aware of same. Mrs. Folks asked the Board to give ,strong consideration to the five items. Mr. Sinclair stated his firm has no problem with the five items because they are required by law to plant grass and there is almost no likelihood any other radio stations will be in this area. Mr. Sinclair stated he would proffer the conditions in writing. 1 Following discussion and on motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the application of John S. Huber, owner, and Robert L. Sinclair, prospective owner, for a conditional use permit to locate a 20' by 30' block transmitter building and six 300' radio towers for WNIS radio, on thirty three acres of land located off the west side of .Route 10, between Routes 621 and 624, in Hardy Magisterial District, with the five previous mentioned proffered conditions. _ Supervisor Turner moved that Marjorie Wilson, Route 1, Box 53, Carrollton, Virginia, be appointed to serve as a member on the Commission on Aging. The vote in favor was unanimous (5-O). On motion of Supervisor Turner, the Board voted unanimously (5-0) to appoint Larry Willis, 67 Windsor Boulevard, Windsor, Virginia, and Steven G. Bowman, P. 0. Box 75, Isle of Wight, Virginia, to serve as a members on the Highway Transportation Safety Committee. ao~K 14 r~~r114 r~ Chairman Bradby moved the Board appoint Richard L. Turner, Route 1, Box 60, Carrollton, Virginia, to serve another term as a member of the Highway Transportation Safety Commission. The motion passed by unanimous (5-0) vote of the Board. // Chairman Bradby called for consideration on the following rezoning application which was tabled earlier during the meeting: The application of Henry E. Layden for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural .Residential, 26 acres of land located on the west side of Route 677, between Routes 626 and 678, in. Hardy Magisterial District. The purpose of the application is for no more than 13 rural residential lots. Ann Simpson Jones, attorney representing the applicant, stated the applicant/developer has applied for conditional zoning that would allow 26 acres of land to be developed into no more than 13 residential lots. The applicant/developer plans to initially develop 10 lots with a minimum lot area of 40,000 square feet, each fronting at least 150 feet on the existing interior fifty feet right-of-way, said Mrs. Jones. Mrs. Jones continued stating the site is located on the west side of Route 677 and adjoins Winfall Estates consisting of thirteen lots and Manx Estates consisting of eight lots. Mrs. Jones explained to the Board the background history of the proposed site, as well as the relation to the adjoining subdivisions, Winfall Estates and Manx Estates. County Attorney Crook explained that the Planning Commission felt that the developer should put in a central water s}~stem since the proposed subdivision is adjacent to another subdivision owned by the same developer and the two subdivisions together would consist of 26 lots. The subdvision ordinance requires central water systems for subdivisions of 25 lots or more. Following discussion, Supervisor Turner moved the Board approve the application of Henry E. Layden for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, 26 acres of land located on the west side of Route 677, between Routes 626 and 678,_ in Hardy Magisterial District. The vote in favor was unanimous (5-O). // On motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the General Fund Bill Register, in the amount of $84,685.91, and the additional checks written during the month of April 1988 in the amount of $86,733.26. // County Attorney Crook recommended the Board approve the April 21 and April 28, 1988 Board minutes. Supervisor Turner moved the Board concur with Mr. Crook's recommendation and approve the April 21 and April 28, 1988 Board minutes. The vote in favor was unanimous (5-0). // Supervisor Bradshaw moved the Board go into executive session to discuss with legal counsel and staff acquisition and/or use of property and personnel. The motion carried unanimously (5-O). The Board went into executive session at 8:40 P.M. and returned to open session at 9:15 P.M. // County AttorneX Crook informed the Board members he had been requested by the Animal Control Officer to prepare an amendment to the ordinance to raise dog license fees from $5.00 to $10.00 and asked the Board to authorized him to advertise same for a public hearing on June 16, 1988 at the Board meeting. Supervisor Ross moved the Board authorize the County Attorney to draft a proposed ordinance and advertise for public r ~~ 1 4, R eooK 14 ~AC~115 1 hearing for same June 16,-1988 to raise dog fees from $5.00 to $10.00. The motion carried (4-1) with Supervisors Bradby Ross, Turner and Edwards voting aye and Supervisor Bradshaw vot~nq no. // Supervisor Turner asked the Boards consideration of paying tipping fees for Carisbrooke residents if they contracted refuse collection with private sector haulers. Following discussion, the Board directed County Attorney Crook to review the legality of the County paying tipping fees at the transfer station for' an individual subdivision residents. // Chairman Bradby stated .there was no action taken during executive session. // At 9:27 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0). 1 1 Henry H. Bradby, Chairman kiyles E. 'tandish, Clerk