At a Meeting of the Southampton County Planning Commission Held in the Board Room of The

January 14, 2010 At a regular meeting of the Southampton County Planning Commission held in the Board Room of the Southampton County Office Center at 26022 Administration Center Drive, Courtland, Virginia on January 14, 2010 at 7:30 PM COMMISSIONERS PRESENT Dr. Alan W. Edwards, Chairman Ira H. “Pete” Barham, Vice-Chairman Douglas A. Chesson Michael G. Drake Freeman J. Harrell Dallas O. Jones J. Michael Mann COMMISSIONERS ABSENT Oliver J. Parker Keith Tennessee OTHERS PRESENT Beth Lewis, Principal Planner (Secretary) James A. “Jay” Randolph, Assistant County Administrator Robert L. Barnett, Director of Community Development Richard E. Railey, Jr., County Attorney Susan H. Wright, Administrative Secretary Mr. Jay Randolph, Assistant County Administrator, called the meeting to order. Mr. Randolph advised that the first order of business was election of a Chairman and Vice- Chairman, and the appointment of a Secretary for the 2010 calendar year. Mr. Randolph opened the floor for nominations for Chairman. Commissioner Barham nominated Dr. Alan Edwards. Commissioner Barham moved, seconded by Commissioner Jones, to close the nominations and elect Dr. Alan Edwards as Chairman. All were in favor. Mr. Randolph opened the floor for nominations for Vice-Chairman. Commissioner Jones nominated Ira H. “Pete” Barham. Commissioner Jones moved, seconded by Commissioners Chesson and Drake, to close the nominations and elect Ira H. “Pete” Barham as Vice- Chairman. All were in favor. Mr. Randolph turned the meeting over to Chairman Edwards. Chairman Edwards opened the floor for nominations for Secretary. Vice-Chairman Barham nominated Jay Randolph. Prior to a second to the nomination, Mr. Randolph asked that his name be withdrawn from consideration, and that someone else be nominated. Commissioner Drake nominated Mrs. Beth Lewis for Secretary. Commissioner Drake moved, seconded by Chairman Edwards, to closed the nominations and appoint Mrs. Beth Lewis as Secretary. All were in favor. Mr. Randolph stated that he had enjoyed serving as Planning Commission Secretary for the past 4 years, and appreciated the opportunity. He was certain that Beth Lewis would serve them well. The Commission indicated that they likewise enjoyed working with him. Chairman Edwards added that they had accomplished a lot over the past 4 years with his leadership. The Commission wished Mr. Randolph well and indicated that they looked forward to working with Mrs. Lewis. Chairman Edwards advised that they needed to adopt the 2010 meeting schedule. The proposed schedule would keep the meetings on the 2nd Thursday of each month at 7:30 PM. Commissioner Harrell moved, seconded by Commissioner Jones, to adopt the 2010 meeting schedule. Secretary Lewis clarified for Commissioner Chesson that there was one exception in regards to the meeting schedule. In November 2010, the Commission would meet on the 2nd Wednesday, as County Offices would be closed on the 2nd Thursday in observance of Veterans Day. 1 January 14, 2010

All were in favor of the motion. Chairman Edwards sought approval of the minutes of the December 10, 2009 meeting. Commissioner Chesson moved, seconded by Commissioner Drake, to approve the minutes as presented. All were in favor. Chairman Edwards advised that there were no public hearings scheduled this evening. Moving to unfinished business, Secretary Lewis provided an update on the development/updating of the Capital Improvement Plan (CIP). Included in the agenda was a matrix of items and associated costs proposed to be included in the CIP. The matrix had been amended to reflect feedback received at the last meeting. In regarding Commissioner Jones’ suggestion to have the sewer lines cross over Route 58 and pick up business on the north side including Pino’s Pizza, Secretary Lewis advised that she had spoken with Julien Johnson, Director of Public Utilities, and he indicated that sewer lines were already there, but there was no more capacity in the system in Courtland. Secretary Lewis asked the Commission to review the items on the proposed list and associated level of priority (high, medium, low), and provide any additional feedback. Chairman Edwards requested that the emergency generator for the County Administration Building be moved from medium to high priority, as discussed last month. Commissioner Jones asked that (updating/maintenance of) welcome signs in the County be moved from low to medium priority. It was important in marketing the County and letting those driving through know where they were. He noted that the signs were only located on major roadways. Commissioner Mann advised that the Town of Boykins was looking to put a welcome sign on the south side of Route 35. Perhaps the County and the Town of Boykins could combine funds and work together on a sign at this location, as 2 signs would not be needed. Commissioner Chesson pondered whether or not it may be better to invest in having points of interests in Southampton County marketed on GPS devices. Secretary Lewis advised that she would be happy to look into it. The Commission thought it was worth exploring, but resolved to keep with the regular welcome signs at this time. Commissioner Chesson asked that a new item be added to the list. He asked that funds be added, even if to low priority, to evaluate extending sanitary sewer service to Route 460. He thought it was important to at least put it “on the radar.” Perhaps the County should have another discussion with Sussex. Commissioner Jones noted that when the County talked to Sussex several years ago, one person could stop the deal, and one person did. There had been changes to the Sussex Board of Supervisors since then and it may be favorable for the County to talk to Sussex again. Commissioner Harrell informed that sewer service was supposed to be made available for the Scottswood subdivision in 2007, and it was not even on the CIP list. He asked that it be added, even if to low priority. Commissioner Jones noted that the wastewater treatment plant had to be built first to handle the capacity. Chairman Edwards stated that the cost associated with extending the sewer service to Scottswood, including any applicable studies, etc. could be added to the CIP. Commissioner Chesson advised that he would like an additional item added to the CIP. He would like funds added, to at least low priority, to explore the possibility of broadband/high-speed internet being made available in the County. He understood there were grants available, but he wanted it “on the radar” to encourage staff to look into what grants may or may not be available. Secretary Lewis clarified for Commissioner Mann that even if an item on the CIP did not get funded, the cost associated with the item would still be factored into the proffer model. Secretary Lewis noted that the public hearing regarding the CIP would be scheduled next month. Regarding Board of Zoning Appeals (BZA) matters, Mr. Robert Barnett, Director of Community Development, advised that the BZA would consider the following on Tuesday, January 19, 2010:

2 January 14, 2010 The application of Alberta Todd, requesting a variance to Sections 18-73, 18-75, 18-76 of the Southampton County Zoning Ordinance, “Minimum Lot Area,” “Minimum Lot Frontage,” and “Minimum Lot Width.” Said variance is requested on property identified as Tax Map 7, Parcel 28-A and Map 7, Parcel 28-B of the Southampton County Zoning Map and located on Proctors Bridge Road near the intersection of Atlantic Avenue, Ivor, Virginia. Ivor Magisterial District. Mr. Barnett advised that the property consisted of two lots, 7-28A and 7-28B. The lots were zoned A-2 Agricultural and were each 50 feet wide and 150 feet deep. The zoning ordinance required a building lot in the Agricultural District to have 40,000 square feet of area and 150 feet of road frontage. The applicant would like to combine the two lots and place a home there. Both lots combined would have 100 feet of road frontage and 25,000 total square feet of area. As a result, the applicant was requesting a variance of 50 feet of road frontage and 15,000 square feet of area. He noted that the lots were existing nonconforming lots, as they were in place prior to the implementation of zoning in 1968. If the variance were not granted, the applicant could not construct a dwelling on the lots and the property would be useless. After discussion by the Commission, Commissioner Chesson, who also served on the BZA, indicated that he detected a favorable “lean” by the Commission and would pass that along to the BZA. (Note: the Planning Commission cannot make an official recommendation to the BZA.) Moving to new business, Secretary Lewis shared the following Planning and Land Use Recommendations 2009 Summary Report:

COMPREHENSIVE PLAN AMENDMENTS

Case # Applicant Request Description PC BOS Action Recommendation CPA 2009:01 Keech Commercial Self-storage Approval Approved facility, Johnsons Mill Road CPA 2009:02 Scott Industrial Contractor’s Approval Public storage yard, Hearing Johnsons Mill January Road 2010

ZONING MAP AMENDMENTS

Case # Applicant Request Description PC BOS Action Recommendation RZA Whitely for W A-2 Agricultural uses, Approval Approved 2009:01 Group LLC Rosemont Road RZA Parsons C-B2 Business use, Approval Approved 2009:02 Southampton Parkway & Jerusalem Road RZA Taylor for A-1 Single family residence, Approval Approved 2009:03 Streza Southampton Parkway/ Bertorna Dr RZA Keech C-B2 Self-storage facility, Approval Approved 2009:04 Johnsons Mill Road RZA Slate C-RR 52 single family Denial Withdrawn by 2009:05 residential lots, Rivers applicant Mill Road RZA Scott C-M-1 Expansion of contractor’s Approval Public Hearing 2009:06 storage yard, Johnsons January 2010 Mill Road RZA Gray for C-RR Two single family Approval Public Hearing 2009:07 Drewry residential lots, Rochelle January 2010 Swamp Road

3 January 14, 2010

CONDITIONAL USE PERMITS

Case # Applicant Description PC BOS Action Recommendation CUP Greenwood RRST, LLC for Asphalt plant, Approval with Approved with 2009:01 Southampton Land Holdings, 32430 Moore Lane conditions conditions LLC

PLAT APPROVAL

Name Preliminary/Final Description Action Shady Brook Trail Preliminary 5 single family lots Approved

RIGHT-OF-WAY ABANDONMENT

Case # Name Description PC BOS Action Recommendation SAB 2009:01 Phillips ROW Approval Approved abandonment in Sebrell, Plank Road and Farmers Grove Road

Other County (Planning) Activities  Updated all plan review and permit fees.  Incorporated changes to the Subdivision Ordinance, including changes to the cul-de-sac length and located requirements for septic drainfields.  Certifications earned by Community Development staff: John Jenkins Conservator of the Peace, Recertification Erosion and Sedimentation Control Inspector, Recertification Lee Copeland Conservator of the Peace, Recertification Erosion and Sedimentation Control Plan Review, Recertification Commercial Building Inspector, New Commercial Electrical Inspector, New Commercial Building Plan Review, New Andy Johnson Conservator of the Peace, New Commercial Building Inspector, New Residential Mechanical Inspector, New Residential Building Inspector, New Robert Barnett Conservator of the Peace, Recertification Erosion and Sediment Control Administrator, Recertification  Continued efforts with regard to development of industrial park at Turner Tract.  Advanced Scenic River designation for Blackwater River, seeking similar designation for Nottoway River.  Prepared Capital Improvements Plan for review by Planning Commission.  Held workshop on various planning activities including small area plans, purchase of development rights possibilities, archeological overlay district.  Assisted in preparation of successful Enterprise Zone application with Franklin-Southampton Economic Development, Inc. Zone designation awarded December 2009.  Assisted in preparation of VDOT grant for Nat Turner Insurrection Trail funding, awaiting notification of grant recipients in Spring 2010.  Originated Southampton County newsletter to be added to County utility bills quarterly, first issue November 2009.

4 January 14, 2010  Provided staff to local Citizen Complete County Committee for 2010 Census.  Received stimulus funds grant for EMS toughbooks to help in the delivery of emergency services.  Received stimulus funds grant to employ Southampton County teens in various positions in County government throughout the summer 2009. Funding also provided work readiness training.  Prepared RFP for recycling services with Isle of Wight and Franklin to replace SPSA recycling services to be discontinued in early 2010. Responses under review.  Received hazard mitigation planning grant to update 2006 County hazard mitigation plan. Working with Franklin to update plan.  Prepared grant application for Urban Development Area grant through VDOT for updates to Comprehensive Plan and zoning ordinance to provide for traditional neighborhood design areas and small area plans. Received award notification December 21, 2009.

Secretary Lewis advised that in the agenda were items of interest, including a Model Transfer of Development Rights Ordinance for Virginia Localities. Mr. Randolph stated that it was a great tool for a locality that had a lot of property already zoned Residential, but not yet built, and did not wish for it to be developed. Secretary Lewis noted that the zoning map designated over 90% of Southampton County as Agricultural zoning. As a result, the purchase/transfer of development rights at this time in Southampton was not applicable. However, it was a tool for future planning. Moving to the public comment period, Chairman Edwards recognized Mr. Glenn Updike. Mr. Glenn Updike spoke. He stated that he was concerned about hunting dogs being abandoned after hunting season. They were hungry and had sores all over them. The County needed to give the Dog Warden (Animal Control Officer) and Game Warden the authority to fine people for the mistreatment of animals. He did not want to see hunting with dogs prohibited, but that was where it was going. Regarding the BZA application, he asked what amount of taxes had the applicant paid over the years and how was the property taxed? If taxed as Residential, the applicant should be able to build a house on the property. He advised that citizens’ comments should be received prior to updating the CIP. The citizens’ comments next month would not likely change the CIP because the decisions had already been made. He remarked that the County needed to put “teeth” into proffers. He advised that agriculture kept this County afloat, but yet it took a back seat in the CIP. Southampton was the only county in the state that did not use the state land use formula – ours was $200 more. He stated that high-paid County officials were eating out of the taxpayers’ trough. Those employees should take a pay cut so no one would have to be laid off. He commented that Ash Cutchin made a presentation to the Board last month. He put a lot of time and effort into it and the Board did not offer any response or feedback to him at all. Commissioner Drake asked if they could check into proffers that had been voluntarily offered by applicants to ensure they were being followed through? Mr. Richard E. Railey, Jr., County Attorney, advised that our small staff operated on a complaint basis. Mr. Randolph noted that they could require bonds, letter of credit, etc., but there was a high cost associated with that. Mr. Mitchell Gray spoke. He informed that he was a Franklin I.P. employee with only 45 days or so of work left. He understood the Outlying Landing Field (OLF) was a sore subject. He asked if the County had looked into the coal plant that Surry did not want? If not, he thought they should. Mr. Randolph stated that Southampton County had not had any official discussions about the coal plant. He noted that a lot of permits were required for an industry of that magnitude. He also noted that the coal plant was a sore subject for many in Surry. Attorney Railey commented that if the results of a recent political campaign in Surry were any indication, it now appeared as though the citizens’ support or opposition to the coal plant was about 50/50. There being no further business, the meeting was adjourned at 9:14 PM.

______5 January 14, 2010 Dr. Alan W. Edwards, Chairman Beth Lewis, Secretary