08-04-1988 Regular Meetinge
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE FOURTH DAY OF AUGUST 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
Sheriff Charles W. Phelps
Hilda W. Harmon, Budget and Finance Director
Betty Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 2:02 P.M. and
delivered the invocation.
//
R. W. Coates, Resident Engineer, Virginia Department of
Transportation, informed the Board members that he has been
working on control of dust on Route 696 and will keep the Board
posted accordingly.
Mr. Coates informed the Board members that there would be an
additional $48,000 needed from the County for the secondary road
construction projects and the State would add matching funds.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to adopt the following resolution:
RESOLUTION '
Distribution of 1987-88 Revenue Sharing Balance
WHEREAS, Section 33.1-75-1 of the Code of Virginia
provides that when a County designates a sum, not exceeding
15 percent of the County~s Revenue Sharing Funds, for use by
the Highway and Transportation Board for the construction,
maintenance or improvement of secondary roads in such
County, that the Highway Board shall match such Revenue
Sharing Funds as first priority allocation.
NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight
County Board of Supervisors hereby designates the balance
from Budget Item 5603 for Fiscal Year 1987-88 for use in the
construction, maintenance and improvement of secondary roads
in the County of Isle of Wight, Virginia, to wit, to place
lights and/or gates at the following Norfolk and Western
Railroad crossings:
0641046-535, FS709 - $65,000.00
1701-046-S36, FS710 - ,$65,000.00
AND, FURTHER, to construct and pave the following
projects:
0665-046-224, M501 - $70,000.00
0665-046-224, M502 - $48,217.82
Mr. Coates stated that hopefully in October there will be
traffic on the bridge over the Chuckatuck Creek on Route 17. Mr.
Coates also }nformed the Board members that there will be a
public hearing in the fall on the proposed five lanes for traffic
on South Church Street in Smithfield.
Supervisor Bradshaw informed Mr. Coates that the ditches
needed to be cleaned out in the Jamestown area and asked Mr.
Coates to contact Rev. Willis Freeman Yegarding same.
Supervisor Bradshaw also expressed concern relative to the
road system behind the John Beverly Rose Airport. Mr. Coates
stated this is a subdivision and the Department of Transportation
D
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has reviewed same and made a list of things that needs to be
.done. Mr. Coates continued stating the plans need to be
approved, bonds posted, drainage problem corrected and the road
system has to be brought up to State standards before accepting
it into the State system. Mr. Coates stated he would review the
situation and advise County Administrator Standish accordingly.
Supervisor Turner stated there was a similar situation in
the Sugar Hill area and stated he would like to see the Board
keep the bond at the full amount until .the roads are accepted
into the State system.
County Administrator Standish suggested keeping bonds at the
full amount until the project is completed.
Chairman Bradby asked if the bond had been posted for the
subdivision on Route 626, to which Mr. Coates replied he would
review and advise .the County Administrator.
R. L. Walker, representing the Central Hill Community Club,
expressed concern relative to the ditch problem in the Central
Hill area. Mr. Walker stated some of the ditches are too deep
and the pipe needs to be lowered. Mr. Coates stated he would
check on it.
//
The Chairman called for a public hearing on the following
rezoning applications:
1. The application of Vasco D. Boyd, Sr. and Ruth
A. Boyd for a change in zoning classification
from A-1, Agricultural Limited, to Conditional
B-1, Conditional Business General, and
Conditional M-1, Conditional Industrial
Limited, approximately .5 acre of land located
off the south side of Route 661, Lot 3 of the
B. T. Newbill Subdivision,° in Newport
Magisterial District. The purpose of the
application is to use the existing accessory
structure as an office, allow lumber and
building supply (with storage under cover) a
business .sign on the office and storage of
roofing contractor's equipment.
Vasco D. Boyd, Sr. appeared and asked for a change in zoning
to approximately .25 of an acre instead of .50 acre. Mr. Boyd
stated the change was approved by the Planning Commission during
their meeting and he was unaware it would be presented to the
Board of Supervisors as .50 acre instead of .25 acre. Mr. Boyd
continued stating he needed the space for storage, that 95$-98$
of his business is done over the telephone and there will be no
additional traffic in and out. Mr. Boyd asked the Board's
favorable consideration. Mr. Crook advised the Board that the
Planning Commission recommended approval conditioned on the area
to be rezoned limited to the existing accessory building and
fenced-in area only with all storage being within the building
and fenced-in area.
Mr. Boyd added that he agreed to those conditions and was
proffering same.
No one appeared in opposition.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to approve the application of Vasco D. Boyd, Sr. and Ruth
A. Boyd for a change in zoning classification from A-1,
Agricultural Limited, to Conditional B-1, Conditional Business
General,, and Conditional M-1, Conditional Industrial Limited,
approximately .25 acre of land located off the south side. of
Route 661, Lot .3 of the B. T. Newbill Subdivision, in Newport
Magisterial District with the condition that the area rezoned and
all stroage be limited to the accessory building and adjacent
fenced-in area.
2. The application of Charlie C. Gregory for a change
in zoning classification from A-l, Agricultural
Limited, to Conditional R-l, Conditional
Residential Limited, 60 acres of land located off
the west side of Route 602, between Routes 600 and
644, in Newport Magisterial District. The purpose
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of the application is for no more than 35 single
family residential lots.
Charlie C. Gregory appeared and stated the best use of the
land would be for a subdivision.
No one appeared in opposition.
Assistant County Administrator/Community Development
Director, W. Douglas Caskey, stdted the Planning Commission
recommended denial expressing concern that when the original
application was considered by the Commission for Springfield
Downs, Section I; the total acreage was revised from two hundred
and fifteen acres t,o ninety-four acres, in an effort to decrease
the size and density of the subdivision, and the Commission cited
that the reduced acreage was more compatible with the rural area
in which the property is located.
County Attorney Crook stated the application was originally
from S. V. Camp and did not include this tract and the Planning
Commission asked him what he was going to do with the rest. Mr.
Camp stated he had not yet decided. Mr. Crook continued stating
that Mr. Camp developed the front portion of the parcel and sold
the back protion.
Supervisor Ross expressed concern relative to fire
protection. Mr. Gregory stated he plans to have a 20,000 gallon
water storage tank` with a capacity of 20,000 gallons and a
hydrant on it.
Supervisor Edwards moved the Board concur with the Planning
Commission's recommendation and deny the application of Charlie
C. Gregory for a change in zoning classification from A-1,
Agricultural Limited, to Conditional R-1, Conditional Residential
Limited, 60 acres of land located off the west side of Route 602,
between Routes 600 and 644, in Newport Magisterial District. The
motion was defeated with Supervisors Edwards and Bradby voting
aye and Supervisors Bradshaw, Ross and Turner voting nay.
Supervisor TurnerA~oved the Board approve the application of
Charlie C. Gregory fox a change in zoning classification from
A-1, Agricultural Limited, to Conditional R-l, Conditional
Residential Limited, 60 acres of land located off the west side
of Route 602, between Routes 600 and 644, in Newport Magisterial
District with the proffered condition of no more than 35 lots.
The motion carried with Supervisors Bradshaw, Ross and Turner
voting aye and Supervisors Bradby and Edwards voting nay.
Chairman Bradby called for a public hearing on the following
special use permit application:
1. The application of E. E. Holloway Estate, owner, and
Septa Bowmen, lessee, for a special use permit for
an archery range on approximately 8 acres of land
located on the south side of Route 620, between
Routes 10, 32 and 68.5, in Newport Magisterial
District.
Robert ,P. Taylor, III and Allen P. Thacker appeared
representing Septa Bowmen and the E. E. Holloway Estate. Mr.
Taylor stated they are seeking a place for the public and local
club members to practice archery. Mr. Taylor continued stating
their members are actively involved in competitive archery and
the E. E. Holloway Estate has offered to let them use the area
for a archery range until 1995 at which time the timber will be
cut. Mr. Taylor stated their club will be sanctioned and-insured
by the NAFFA, there will be portable johns, and the range- cannot
be seen from Route 620. Mr. Taylor and Mr. Thacker asked the
Board's favorable consideration.
No one appeared in opposition.
Supervisor Edwards moved the Board approve the application
of E. E. Holloway Estate, owner, and Septa Bowmen, lessee, for a
special use permit for an archery range on approximately 8 acres
of land located on the south side of Route 620, between Routes
10, 32 and 685, in Newport Magisterial District. The motion
passed by unanimous (5-0) vote of the Board.
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On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to adopt the following resolution encouraging the General
Assembly of the Commonwealth of Virginia to favorably consider
allowing localities to assess fees for off-site public
improvements.
RESOLUTION ENCOURAGING THE GENERAL ASSEMBLY OF THE
COMMONWEALTH OF VIRGINIA TO FAVORABLY CONSIDER
ALLOWING LOCALITIES TO ASSESS FEES FOR OFF-SITE
PUBLIC IMPROVEMENTS
WHEREAS, new developments in localities create
demands for additional services and facilities; and
WHEREAS, under the current structure of the
Code of Virginia, localities may not assess fees to
assist in the funding of new or expanded services or
facilities other than sewage, `water and drainage to
serve the demands created by new developments; and
WHEREAS, localities in Virginia lack other
alternatives to generate revenues necessary to finance
such improvements; and
WHEREAS, the Joint Subcommittee Studying
Off-Site Road Improvements is currently evaluating this
most critical issue, and has requested appropriate
comments from .localities relative to off-site public
improvements; local zoning and subdivision regulation
authority; and the impact of land development on the public
infrastructure.
NOW, THEREFORE, BE ZT RESOLVED by the Board of
Supervisors of Isle of Wight County that the Joint
Subcommittee Studying Off-Site Road Improvements be urged to
report to the General Assemb y of the Commonwealth of
Virginia of the critically important need for appropriate
changes in the Code of Virginia to allow localities to
assess development impact fees for off-site public
improvements.
BE IT FURTHER RESOLVED that copies of this
resolution be forwarded to the Isle of Wight General
Assembly delegation with the request that they strongly
support and encourage such changes in the State Code.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to authorize Chairman Bradby to formally vote on any
matters that may come up at the NACO Conference during the week
of August 9, 1988 as the Isle of Wight .County representative to
said conference.
Supervisor Turner moved the Board direct County
Administrator Standish to ask fqr State assistance relative to
developing a Farmers Market in the County. The motion carried. ~`
unanimously (5-0).
//
Sheriff Phelps presented the following activity report for
the month of July:
2,964 man hours; 38,6.39 mileage; 1,018 papers served; 252
response to calls; 15 prisoner transports; 14 mental patient
transports; 26 misdemeanors - 20 arrests; 21 felonies - 5
arrests; 54 traffic summons issued and $1,365 fines collected.
//
1
• Supervisor Edwards. expressed concern relative to access to
keys to the Windsor Schools for use of the schools in case of an
emergency such as tornados, etc. Following discussion, County
Administrator Standish stated he would work with the School
Administration and Sheriff's Department regarding the
accessibility to the keys when needed.
//
Supervisor Turner informed the Board members that a County
citizen, Julius Powell, Carrollton, had had his mobile home °:
destroyed by fire. Supervisor Turner stated further that Mr.
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Powell had a new mobile home and a lot on which to locate it and
asked if there was a way a temporary conditional use permit could
be provided Mr. Powell as a hardship case. County Attorney Crook
advised that was contrary to the County ordinances. Following
discussion, the Board directed County Administrator Standish to
handle the problem administratively.
//
On motion of Supervisor Edward, the Board voted unanimously
(5-0) to authorize the Chairman to write a letter to the
Virginian Pilot editor relative to Isle of Wight County not being
mentioned in the booklet "Discover Hampton Roads" although County
Attorney Crook advised the Board of Supervisors they should not
indulge in "writing letters to editor" as a Board.
Supervisor Turner moved the Board direct County
Administrator Standish to draft a letter to Pamela Fitzgerald,
Child Welfare Supervisor, Department of Social .Services,
Richmond, Virginia, in support of a more uniform procedure for
the locating of foster children stating the County would
certainly support regulations and changes that would assist in
the above. The motion carried unanimously (5-0).
//
Chairman Bradby called for the Board's consideration of the
application of W&W Land, Inc. for a change in zoning
classification from A-1, Agricultural Limited,' to R-A, Rural
Residential, approximately 68 acres of land located on the- west
side of Route 652, between Routes 654 and 600, in Newport
Magisterial District. The purpose of the application is for a
rural residential subdivision. (Tabled July 7, 1988.)
A. L. Jones, Jr., attorney representing the applicant,
stated no significant discussions had taken place between the
landowners and the applicants and asked the Board to table. the'
application unt~'1 the September 1, 1988 meeting:
Supervisor Edwards moved the Board grant Mr. Jones' request
and table action on the application of W&W Land, Inc. for a
change in zoning classification from A-1, Agricultural Limited,
to R-A, Rural Residential, approximately 68 acres of land located
on the west side•of Route 652, between Routes 654 and 600, in
Newport Magisterial District. The vote in favor was unanimous
(5-0).
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County Attorney Crook recommended the Board approve the
minutes of June 16 and June 24, 1988 meeting of the Board of
Supervisors. Chairman Bradby moved the Board approve the June 16
and June 24, 1988_ minutes. The motion passed (5-0) unanimously.
//
On motion of Supervisor Turner, the Board voted unanimously
(5-O) to go into executive session to discuss with legal counsel
and staff members contract negotiations for professional services
and. regarding personnel. The Board went into executive session
at 3:11 P.M. and returned to open session at 5:10 P.M.
//
On motion of Supervisor Ross, the Board opted unanimously
(5-0) to adopt the Pay and Personnel Plan prepared by the
Municipal Advisers, Inc. with the job description of the Codes
Inspector being amended to enforcing County Ordinances and not
the Building Codes and that the Codes Inspector not be under the
supervision of the Building Inspections (Official).
//
County, Attorney Crook reported that he had contacted the
Superintendent of Schools and that it appeared that the Board and
School Board members could meet September 8, 1988 at 6:30 P.M. as
requested by the Board of Supervisors. Mr. Crook said he would
discuss this further with the School Board at their meeting on
August 11th and advise accordingly.
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