02-21-1991 Regular MeetingeDOK 14 K~~f:~~(~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE TWENTY FIRST DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED
NINETY ONE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
.Richard L. Turner (Arrived at 7:10 P.M.)
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 7:OO P.M. The
invocation was delivered by Chairman Bradby.
//
Chairman Bradby called for a public hearing on'the following:
Changes to Road Name Duplications Recommended by MSAG and
Reviewed by the Street Naming Committee and Planning
Commission; Changes to Street Name Designations Requested
by 'Citizens; and Additional Private Lanes Requiring
Naming
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated he had handed out to the Board updated
information pertaining to consideration of changes to the names of
certain public and private streets and the assignment of names to
additional private streets.
Chairman Bradby called for citizens to speak regarding the
street naming of private roads.
Jerry Watson of Zuni stated he had received the name of Old
Gum Tree Circle for the road he lived on and requested the street
name change to Sand Pit Road. Mr. Watson continued he, along with
others in the area, did not receive notification that they could
have input in naming the road.
Jerry Dashiell who presently lives on Berry Hill Farm stated
he would like the name to remain Berry Hill Farm Road instead of
Dashiell Way.
Judith Fallpin who presently lives on the Old Sand Pit Road
in Zuni stated she wanted to keep the name of Old Sand Pit Road.
Ms. Outten stated she would also like to keep the name of Old
Sand Pit Road.
Dennis Williams of Central Hill stated his road was named
Virginia Avenue and requested the name change to Mt. Olive Avenue.
Ida Mae Smith stated her family owned 120 acres on Sand Pit
Road and requested that the street name remain Sand Pit Road. Ms.
Smith continued that she had not been notified of a name change for
the road.
Robert. Spencer of Hill Way in Carrollton stated he had been
advised that his road name was a duplication of Hill Street in
Smithfield. Mr. Spencer continued that the only duplication was
in the "Hill" and requested that Hill Way be left as it is.
Shirley Barlow of Morgarts Beach Road requested the street
name change to Mt. Castle Lane instead of Blackwell Lane.
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22. Grand Square Lane Off Route. 712 28 B4
23. India Lane Off Route 680 16 BS
24. Ashlee Dale Lane Off Route 10 35 A4 & A5
25. Annisons Lane Off Route 637 23 D4
26. Tucker Lane Off Route 682 25 A2
27. Bears Crossing Lane Off Route 673 8 D1
28. Holladay Lane Off Route 661 44 A5 & A6
29. Whisper Lane Off Route 600 51 B4
30. Breezewood Lane Off Route 661 37 C1 & CZ
31. Hayes Lane Off Route 671 19 D6
32. Clyde's Lane Off Route 638 54 D3
33. Mallard Lane Off Route 638 54 D3
34. Chickadee Lane Off Route 638 54 D3
35. Partridge Lane Off Route 638 54 D3
36. Pheasant Lane Off Route 638 54 D3
37. Quail Hollow Lane Off Route 638 54 D3
38. Bracey .Circle Off Route 258 54 D3
39. Oak Tree Lane Off Route 10 18 A5
40. Casper Circle Off Route 10 35 B4
41. Latimer Court Off .Route 10 35 B4
42. Gibbs Court Off Route 10 35 B4
43. Omera Drive Off Route 17 S6 C5
44. Villa Court Off Route 17 36 C5
45. Walnut Grove Lane Off Route 17 36 C5
46. Hilltop Lane Off Route 709 26 Al
47. Essie Doris Lane Off Route 258 60 D3 & D4
48. Presbyterian Drive Off Route 614 58 A5 , A6
& $6
49. Homegrown Lane Off Route 614 58 B5 & B6
50. Artists Way Off Route 673 8 D1
51. Morgart's Beach Lane Off Route 673 8 D1
52. Christopher Drive Off Route 620 34 C5
53. Speckle Street Off Route 258 60 C4
54. Perch Street Off Route 258 60 C5
55. Chester Lane Off Route 612 75 A4
56. Norman Stokes Lane Off Route 641 82 D5
57. Gardner Lane Off Route 641 82 B5
58. Whitley Lane .Off Route 1603 81 C5
59. Burroughs Lane Off Route 460 65 86
60. Hudson Lane Off Route 614 58 A6
61. Kennel Lane Off Route 661 37 C1
62. Bowden Lane Off Route 671 19 C5
63. Pat's Lane Off Route 649 47 D2
64. Rolling Acres Lane Off Route 10 51 C5
65. Doubletree Lane Off Route 258 65 C2
66. J.A.. Newsome Court Off Route 17 45 Al
67. Brewers Farm Lane Off Route 693 36 D2
68. Barrett Lane Off Route 58 82 B1
The motion to adopt said resolution and street-names passed
by unanimous vote (5-0).
Chairman Bradby called for a public hearing on the following
ordinance:
An Ordinance to Amend Section 15-67, Signs, Temporary,
of the Zoning Ordinance of Isle of Wight County
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak fn opposition.
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor Turner asked County Attorney Crook what change was
made in the ordinance.
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County Attorney Crook replied that the size of signs in
certain zoning districts is increased.
Supervisor Turner moved the Board approve the following
ordinance:
AN ORDINANCE TO AMEND
SECTION 15-67, SIGNS, TEMPORARY
OF THE ZONING ORDINANCE OF
ISLE OF WIGHT COUNTY
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that Section 15-67 of the
Zoning Ordinance of Isle of Wight County be amended to read as
follows:
Section 15-67. Sign, temporary.
A sign applying to a seasonal or other brief activity such as,
but not limited to, summer camps, horse shows, auctions or sale of
land. Temporary signs, other than signs advertising the sale,
lease or rental of property, shall conform in size. and type to
directional signs.
15-67. For sale, for lease, for rent signs. Sings
advertising the sale, lease or rental of property shall
be limited to one (1) sign per lot. per street frontage
or frontage on a navigable waterway. -Signs shall not
exceed four (4) square feet in size and four (4) feet in
height in R-A, R-1, R-2, R-3, R-MH-A, R-MH-1, R-MH-TP
Districts; sixteen (16) square feet in size and six (6)
feet in height in A-1 and A-2 Districts; and thirty-two
(32) square feet in size and ten (10) feet in height in
B-1, M-1 and M-2 Districts. The height of all signs
shall represent a measurement from ground level to the
tope of the sign structure.
15-67.2. Off-premises sictns. Off-premises signs
advertising the sale, lease or rent of property shall be
allowed in conjunction with an "open house" showing only
and shall be limited to four (4) square feet in size.
All other off-premise signs shall be prohibited.
The motion passed by unanimous vote (5-0).
//
Chairman Bradby called for Citizens Comments.
Joe Ferguson of Great Spring Road requested the Board take .
action to allow the .citizens of the County of Isle of Wight to
exempt themselves from the junk mail list which will be presented
to the Post Office in Smithfield upon the completion of the 911
Emergency Rescue System address list. Mr. Ferguson continued that
usually this list is used to deliver mail; however, it will also
be .sold to businesses for the purpose of mailing advertising
materials. Mr. Ferguson stated that he was specifically referring
to mail which is delivered to "boxholders" or "residents" and not
a specific name.
Donald Robertson, Assistant to the County Administrator,
stated that last week he had contacted different organizations and
individuals to determine what could be done to accomplish deleting
junk mail from the mail system and that there were a couple of
organizations called mail preference services in which an
individual could contact these mail preference services to have
their names and addresses deleted from certain national
advertisers. Mr. Donaldson continued that he had contacted the
United States Postal Service and the Office of Consumer Affairs
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Virginia Dennison of Old Gum Tree Circle in Zuni. requested the
street name change of Sandy Lane or Sandy Road.
Susan Spivey of Kings Landing Subdivision requested;the street
name change of Kings Landing or Kings Landing bane instead of
Purvis Lane.
Tom Castelluccio stated he had a petition from the residents
of the original Days Point Road and requested that the 0-110 block
of Days. Point Road remain Days Point Road instead of Days Neck
Road.
Carl Riccard of the original Days Point Road requested that.
the street name remain Days Point Road.
'Sara Brown of Virginia Avenue requested the street name change
to Mt. Olive Lane.
Robert Brown of Rainbow Road in Rescue stated he was agreeable
with the street name of Brown's Marina Road.
Supervisor Turner moved the Board adopt the following
resolution and road name changes:
RESOLUTION TO CHANGE NAMES
OF PUBLIC AND PRIVATE STREETS .
IN ISLE OF WIGHT COUNTY
WHEREAS, the General Assembly for the Commonwealth of.Virginia
by Act of the General Assembly as provided in Section 15.1-379 of
the Code of Virginia,. has given the County governing body the
authority. to name streets within•the County by resolution duly
adopted; and,
WHEREAS, the Board of Supervisors of Isle of Wight County has
heretofore adopted an ordinance to provide standards for .naming
streets, fabrication, erection and maintenance of street names
signs and to establish a street address numbering system; and,
WHEREAS, the Planning Commission of Isle of Wight County after
public hearing, research and study, .has recommended a list of name.
changes for certain public streets and private streets heretofore
named by the Board of Supervisors of the County of Isle of Wight,
Virginia; and,
WHEREAS, the Board of Supervisors has held a public hearing
in the County of Isle of Wight to consider said proposed changes
for street names and other public comments and has duly considered
all of same.
NOW, THEREFORE, be it and it is hereby resolved by-the Board
of Supervisors of Isle of Wight County, Virginia:, that the
following changes for certain public and private street names are
adopted as hereinbelow designated and attached hereto..
Public Road Changes
1. Route 1301 - Change name from High Street to Florida
Avenue
2. Route 1601 - Delete Jamestown Avenue (Route 1601 is an
exit ramp which services. no residences/businesses and,
therefore, requires no name.)
3. Route 1303 - Change name from Virginia Avenue to Mt.;
Olive Avenue
4. Route 1608 = Change name from Church Street to Piney
Grove Street
5. Route 2014 - Change name from Pierce Circle to Martha
Circle
6. Route 673 (from Route 677 to deadendj - Change name from..
Purvis Lane to Kings Landing Lane
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7.
8.
9.
10.
Route 1144 (from Route 666 to Route 666) - Change name
from Dashiell Way to Berry Hill Farm Lane
Route 1001 (from Route 704 to River. Avenue) - Change name
from River Avenue to Todd Avenue
Route 1005 (from Route 704 north to (private) Oak Spring
Road) - Change name from Oak Spring Road to Center Street
Routh 1005 (from Route 704 south to deadend) - Change
name from Oak Sprinq Road to Center Street
Private Road Name Changes
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Change Cedar Lane (off Route 1007/SEC 20B1) to Shell Bank
Road
D~let~ Lakeview Lane (off Route 654/SEC 50D3) - Only one
occupied house will be serviced by the private lane.
Change Washington Drive (off Route 10 & 25.8/SEC 36A2) to
Booker T. Drive
Change Laurel Drive (off Route lT/SEC 37D1) to Laurelwood
Drive
Change Matthews Drive (off Route 600/SEC 66B1) to
Hazelwood Drive
Change River Drive (off Route 665/SEC 20C2) to James
River Drive
Change Old Gum Tree Circle (off Route 614/SEC 52B6) to
Sand .Pit Road/Old Gum Tree Road
Change Blackwell Lane (off Route 673/SEC 12A5) to Mount
Castle Lane
Change Clayton Circle(off Route 460/SEC 52A6) to Clayton
Lane
Change Yeoman Lane (off Route 10/SEC 27D3) to Bunkley
Lane
Change Beechson Lane (off Route 1910/SEC 45A1) to Salty
Marsh Lane
Change Goodridge Lane (off Route 1402/SEC 12D3) to
Goodrich Lane
Change Sullivan's Lane (off. Route ,626/SEC 17B6) to
Sullivan's Court
Change Goodwin Point Lane (off Route 707/SEC 19A6) to
Brown°s Marina Road
Change Wrenn's Circle (:off Route 682/SEC 25A2) to Wrenn
Court
Additional Private Lanes
Reau ested Name Location Map Section
1. Tynes Lane Off Route 686 2 D4
2. rIokete Trail Off Route 673 12 C1 & C2
3. Boogie Lane Off Route 1401 12 D4 & D5
4. Havlow Lane Off Route 673 13 B1
5. Waymond Way Off Route 621 15 A2 & B2
6. Maple Grove Lane Off Route 626 17 A5
7. Six Ponds Lane Off Route 652. 24 A4, A5
& B4
8. Bubble Gum Lane Off Route 665 28 A2
9. Rocky Road Off Route 712 28 B5
10. Titus Cove Landing Off Route 665 28 B2, B3
& C3
il. Oak Grove Lane Off Route 665 28 A2
12. Dogwood Rill Lane Off Route 644 47 B6
13. Ruritan Drive Off Route 460 52 A6
14. Deer Trail Off Route 638 59 A2
15. Wood Haven Trail Off Route 258 6S B6
16. Hardison Lane Off Route 646 53 D6 &
59 A6
17. Holmes Lane Off Route 10 3 B5 & C5
18. Cecilia's Lane Off Route 58 79 D2
19. Lakehaven Lane. Off Route 637 56 Al
20. Hayloft Lane Off Route 10 35 A4
21. Woolard Lane Off Route 665 35 A6
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relative to junk mail from local stores and was informed that these
types of mailings cannot be stopped. by submitting your name and
address because the Postal Service is bound by law to deliver mail.
Mr. Donald stated that there may be avenues which could be taken
legislatively, .but at this point he had been unable to determine
any avenue which could be utilized to delete citizens' names.
Supervisor Edwards requested County staff to continue review
of the matter and report back to the Board at the March 7, 1991
meeting.
Hannibal Herring, principal for the Allendale Estates project,
stated that every requirement of the Isle of .Wight County
Subdivision Ordinance-had been met and requested the Board to take
a vote on the project tonight.
Supervisor Turner asked if a 10$ balance would be left in the
account with Dominion Bank until the road has been accepted by the
Virginia Department of Transportation.
Mr. Herring replied yes.
Supervisor Edwards stated that at the last meeting there were
several contractual changes to be made and asked Mr. Herring if
these were accomplished.
Mr. Herring replied no, and that he had met all the
requirements of the Subdivision Ordinance.
Supervisor Turner stated that the 10$ balance in the account
with Dominion Bank had been brought into compliance and that the
County's concern is that the road is going to be built to the
State's specifications with 10$ left in the account with Dominion
Bank to upgrade the road should it not be immediately accepted into
the State's system.
County Attorney Crook stated that at the direction of the
Board he wrote a letter to Dominion Bank indicating what needed to
be accomplished for the Board to make an exception and that the
letter written in return by Dominion Bank has incorporated the
change that the Board directed. County Attorney Crook. continued
the contract bond of Fidelity Deposit Company in Maryland has not
been amended and the Art. Ray Corporation contract has not been
amended and that he believes the Board could proceed without
amending the two documents with this Letter of Credit although he
would suggest that the performance agreement be rewritten. County
Attorney Crook stated that the only risk the Board runs with this
arrangement is that if there is a delay after the road is campleted
before it is taken into the Highway- system and additional
improvements have to be made resulting from the delay be-fore it is
taken into the Highway system and the cost of bringing the road
back up to the Highway's requirements is more than the 10$ retained
by the bank in the escrow account, .then the County might-not be
able~to recover that cost from the developer.
Supervisor Turner moved that the proposal be accepted
contingent upon execution of a new performance. agreement. The
motion passed by unanimous. vote (5-0).
//
Chairman Bradby called for the .Community Development report..
W. Douglas Caskey, Assistant County Administrator/Community
Development stated he had nothing for discussion.
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Chairman Bradby called for the County Attorney's report.
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County Attorney Crook stated he had nothing for open
discussion, but would have matters later for Executive Session.
//
Chairman Bradby called for the County Administrator's report.
Supervisor Turner moved the Board adopt the following
resolution:
A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE
REGENIA COURT INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in
Lawrence Meadows Subdivision, Windsor Magisterial District, Isle
of Wight, 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.
NOW, 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 following
described street in Lawrence Meadows Subdivision.
1. Regenia Court: Beginning at a point on State Route 603,
1.2 miles from its intersection with State Route. 600;
thence running in a southeasterly direction 0.21 miles
to a cul-de-sac.
Length.: 0.21 miles
Right of way: 50 feet
Total length: 0.21 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 Cabinet No. 1, Book No. 14, Page 61, Slide 367,
dated August 2, 1988 and is guaranteed.
The motion passed by unanimous. vote (3-O) of those members
present. Supervisors Bradshaw and Edwards were not present for the
vote.
County Administrator Standish stated the agreement with
Virginia Power and local governments expires June 30, 1991 and in
the past communities have participated with the Virginia Municipal
League and the Virginia Association of Counties on a negotiating
committee for power contracts for localities. .
Supervisor Turner moved the Board send County Administrator
Standish to Richmond as a local government. representative to
participate with the Virginia Municipal League and the Virginia
Association of Counties on a committee which negotiates power
contracts for localities.. The motion passed unanimously (3-0) of
those members present. Supervisors Edwards and Bradshaw were not
present.
Supervisor Turner. moved the Board take a recess. The motion
passed by unanimous vote (3-0) of those members present.
//
Chairman Bradby called for the following Old Business:
Consideration of Alternatives for the Northeast
Development ..Service District, Designation of a
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Development Management District-and a Resolution of the
Board of Supervisors of Isle of Wight County to Adopt a
Comprehensive Plan. (Tabled November 15, 1990; December
6, 1990; and February 7, 1991).
Mr. Caskey stated before the Board was information received
today from Tony Redman of Redman/Johnson & Associates representing
a summation of the modifications previously discussed by the Board
and in the Board's agenda was a letter from the Town of Smithfield
responsive to the Development Management District proposal.
Rodham Delk, Jr., Smithfield Town Attorney, stated he would
answer any questions the Board may have in response to the letter
from the Town of Smithfield dated February 15, 1991.
Supervisor Turner stated that he still supported the
Development Management District theory, but that the Board could
support Map A and carry it down Route 10 and it would not encompass
the Town of Smithfield creating a "green belt".
Mr. Delk stated that the Town of Smithfield would appreciate
the opportunity to give input in County zoning and development
decisions affecting the Route 10 corridor. Mr. Delk further stated
the Town regarded the Development Management District as an
artificial constraint on. development which is .the nature of the.
Town's opposition to some of the language proposed before. Mr.
Delk continued the. Town was not in agreement with paragraph 1,
paragraph 3 and paragraph 5 of the proposed Development Management
District.
County Attorney Crook stated that as he understood the letter,
the Town agreed with Plan B with the three amendments listed in the
letter dated February 15, 1991 from tre Town of Smithfield. County
Attorney Crook further stated he had looked at the Statutes which
contemplated a cooperation at the Planning Commission level and he
wanted to know if the Town Council would be agreeable to the County
and the Town .adopting a joint resolution that the County, in the
area around Smithfield, would seek input from the Town Planning
Commission to the County .Planning Commission .before they
recommended it to the Board of Supervisors. County Attorney Crook
continued, on the other hand,. the Town Planning Commission on areas
contiguous to the County reciprocally would seeK County_Planninq
Commission .input before it went to the Town Council.
Mr. Delk stated he thought the Town Council might be amenable
to that proposition and that he would report the information
presented .tonight to the Smithfield Town Council.
Supervisor Turner requested that he and Supervisor Ross be
appointed from the Board to meet with the Smithfield Town Council
to work .out proper wording for the Development Management District
and incorporate County Attorney Crook's suggested idea of the joint
planning commissions working together from the Town and the .County.
Supervisor Bradshaw moved that Supervisors Ross and Turner be
appointed to meet with the Smithfield Town Council and bring back
recommendations to the Board at the March 7, 1991 meeting. The
motion passed by unanimous vote (5-0)...
County Attorney Crook stated the Statutes provide that he
Planning Commission adopts its resolution recommending the Plan to
the Board and the Board has the authority to amend that Plan .but
must take action within ninety days. County Attorney-Crook stated
that the ninety day period had passed and that the Board is now in
a situation where the Board will have to send the Plan back to the
Planning Commission.
Supervisor Turner asked if a joint public hearingcould be
held with the Planning Commission and-the Board- of Supervisors.
County Attorney Crook responded that he thought so, but would check
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the statutes 'on that.
Supervisor Edwards requested the County Administrator to
contact officials in Windsor to determine what is being considered
relative to expanded area telephone calling in that area of the
County and report back to the Board at the March 7, 1991 meeting.
//
County Administrator Standish stated the Resident Engineer of
the Virginia Department of Transportation has requested that the
Board consider a resolution to close Route 611 for the purpose of
replacing a bridge over Corrowaugh Swamp. County Attorney Crook
stated that in the past the Board has directed that a public
hearing be held where bridges were involved.
Supervisor Ross moved. that the Board set a public hearing for
the March 7, 1991 meeting to consider the resolution to close Route
611. °rhe motion passed by unanimous vote (5-0).
//
Chairman Bradby called for Appointments.
Supervisor Ross moved that the Board appoint Lawrence Pitt to
replace Thomas A. Caldwell on the Planning Commission representing
the Smithfield Election District. The motion passed by unanimous
vote (5-0).
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Chairman Bradby called for approval of the January 10, 1991;
January 17, 1991; and January 30, 1991 minutes.
County Attorney Crook stated he recommended approval of the
January 10, 1991 and January 17, 1991 minutes; however, the January
30,-1991 minutes needed to be corrected to reflect Mayor Chapman
speaking in paragraphs 2 & 4 on Page 2 rather than Reverend Brown
and in the final paragraph on that page he suggested taking out
"appeared stating" and replace with "stated".
Supervisor Edwards moved the Board adopt the January 10, 1991;
January 17, 1991 and January 30, 1991 with the recommended changes
of the County Attorney. -The motion passed by unanimous vote (5-
O) .
//
At 9:30 P.M., Supervisor Ross moved the Board adjourn the
meeting. The motion passed by unanimous vote (5-0).
Myles
Henry H.r/Bradby, Chairman
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