07-03-1986 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE
THIRD DAY OF JULY IN THE YEAR NINETEEN HUNDRED EIGHTY SIX
PRESENT: Richard L. Turner, Chairman
C, Fred Bailey
Henry H. Bradby (2:13 P.M.)
Joel C. Bradshaw, Jr.
Thomas L. Ross, Vice Chairman
Also attending:. H. Woodrow Crook, Jr., County Attorney
W. B. Owen, County Administrator
Terry D. Lewis, Planning Director
Juanita L, Byrum, Assistant County Administrator
Betty Scott, Secretary
Chairman Turner called the meeting to order at 2:04 P.M. and delivered
the invocation.
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Supervisor Bradshaw informed R. W. Coates, Resident Engineer, Department
of Highways and Transportation, there is still a problem on Route 641 regard-
ing the railroad cleaning their property and filling the ditches which causes
a drainage problem. Mr. Coates stated he would take care of the situation.
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The Chairman called for a public hearing on the following proposed
ordinances:
1. An Ordinance To Amend The Ordinance Of Isle of Wight County To
Reduce The Time For Posting Of Signs Prior To Public Hearing
From Fifteen Days To Ten. Days
County Attorney Crook stated the fifteen day time period for posting signs
on property prior to the. public hearing proposed a problem administratively
and recommened the Board adopt the ordinance to reduce the time period to ten
days.
On motion of Supervisor Bailey, the Board. unanimously adopted the
"Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Reduce The
Time For Posting Of Signs Prior To Public Hearing From Fifteen Days To Ten
Days".
2, An Ordinance To Amend The Subdivision Ordinance To Delete Pro-
visions For Farmette Subdivisions
County Attorney Crook stated these "farmette" subdivisions are allowed,:.on
non-paved roads and have proved to be a problem in the past. Mr. Crook stated
he and Planning Director Lewis and the Planning Commission recommend it for
adoption.. The proposed ordinance would delete the sections allowing up to six
large acreage farmettes on an unpaved road.
Supervisor Bailey moved the Board adopt the "Ordinance To Amend The Sub-
division Ordinance To Delete Provisions For Farmette Subdivisions". The vote
in favor was unanimous.
3. An Ordinance To Amend. The Zoning Ordinance Of Isle of Wight
County On Setback For Structures
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July 3, 1986
Page 2
County Attorney Crook stated the proposed ordinance is an attempt to
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make setback for structures more uniform and is needed to make the requirements
of the zoning ordinance uniform.. Mr. Crook further stated the Planning Com-
mission recommended the proposed ordinance be adopted.
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Supervisor Bradby arrived at the meeting at 2:13 P.M.
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On motion of Supervisor Bradshaw, the Board unanimously adopted the
"Ordinance To .Amend The Zoning Ordinance Of Isle of Wight County On Setback
For Structures".
4. An Ordinance To Amend The Zoning Ordinance Of Isle of Wight
County Defining Accessory Buildings
Mr. Crook stated the ordinance is needed to define accessory buildings.
He further stated he {Mr. Crook) recommended the proposed ordinance to the
Planning Commission and they recommended adoption of same.
Supervisor Bailey moved the Board adopt the "Ordinance To Amend The
Zoning Ordinance Of Isle of Wight County Defining Accessory Buildings". The
motion carried unanimously.
5. An Ordinance To Amend The Zoning Ordinance Of-Isle of Wight
County To Delete Setback For Accessory Buildings At Less
Distance Than Other Structures
Mr. Crook stated there is a need to make uniform the setback of accessory
buildings in the ordinance._ Under the present ordinance it ranges from one
foot to five feet. He stated he recommended the ordinance set the distance
at five feet .
Following discussion,. Supervisor Bradshaw moved the Board adopt the
"Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Delete
Setback For Accessory Buildings At Less Distance Than Other Structures".
Supervisor Bailey amended the motion to state no accessory building may be
closer than five (5) feet to any property line. The vote in favor was unanimous.
6. An Ordinance To Levy A Tax On Gross Receipts Of Public Service
Corporations
County Attorney Crook stated the proposed ordinance had been properly
advertised. Mr. Crook stated the gross receipts tax on utilities operation
in the County would be at .05 percent of the gross receipts.
On motion of Supervisor Ross, the Board unanimously adopted the "Ordinance
To Levy A Tax On Gross Receipts Of Public Service Corporations"
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July 3, 1986 Page 3
7. An Ordinance To Impose A Tax On The Consumers Of Utility Ser-
vice Or Services
Mr. Crook stated the ordinance had been advertised at the maximum rates
and amounts taxable as allowed by the statute. He stated that he and the
County Administrator recommended the Board adopt the maximum rate of 20%, but
limit the amount taxable to $15,00 for residential users and $1,000.00 for
industrial users.
County Administrator Owen added the average residential customer will see
an extra $2.43 per month on the two utility bills which is expected to generate
about $250,000 annually.
Mitch Sandlin, owner of the Dairy Queen in Windsor, stated he would like
to see a little lower tax than $1.,000 because he is already paying taxes to
the County. Mr. Sandlin stated he would like to see the maximum amount taxable
reduced to $500.00 instead of $1,000.00.
Supervisor Bradby expressed concern for consumers on a fixed income-, as
well as citizens of the Towns of Smithfield and Windsor being. exempt. He
stated he would like to see a tax where everybody would pay their fair. share.
Supervisor Bailey stated he is opposed to the proposed ordinance for the
reasons stated by Supervisor Bradby.
Supervisor Ross stated the Smithfield residents are already paying
utility taxes.
On motion of Supervisor Ross, the Board voted to adopt the "Ordinance To
Impose A Tax On The Consumers Of Utility Service Or Services" with the rate
of 20% and limiting the amount of the monthly bill taxable to $15.00 for re-
sidential users and $1,000.00 for commercial or industrial users, with Super-
visors Ross, Turner and Bradshaw voting aye and Supervisors Bradby and Bailey
nay.
Chairman Turner called for a public hearing on the following rezoning
applications:
1. The application of Dorothy Ferguson and Pearl Simms for a change
in zoning classification from A-l, Agricultural Limited, to Con-
ditional R-MH-A, Conditional Rural Mobile Home Districb, 5.01
acres of land located on the south side of Route 619, between
Routes 258 and 641, in Windsor Magisterial District. The pur-
pose of the application is for the permanent location of one (1)
mobile home.
No one appeared in favor or opposition. The Planning Commission recom-
mended approval, stated the Chairman.
On motion of Supervisor Bradshaw, the Board voted unanimously to approve
the application of Dorothy Ferguson and Pearl Simms for a change in zoning
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July 3, 1986
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classification-from A-l, Agricultural Limited, to Conditional R-MH-A, Con-
ditional Rural Mobile Home District, 5.01 acres of land located on the south
side of Route 619, between Routes 258 and 641, in Windsor. Magisterial District.
2. The application of Union-Camp Corporation; Chloe E, Edwards,
et al; Hattie J. Griffin Estate; Herny R, and Angie E. Griffin,
owners, and P, W. B. Promotions, Inc,, et al, prospective
lessees/owners/operators, for a change in zoning classificat-
4 ion from A-1, Agricultural Limited, to A-2, ..Agricultural
General, approximately 1300 acres of land located on the east
side of Route .258, between Routes 605 and 606, in Newport
Magisterial District. The purpose of the application is to
allow a race track with accessory uses including a travel
trailer camp park..
Edward Russell, attorney representing P. W, B. Promotions, Inc., appeared
and stated the Paul Sawyer family has been in the racing business over 30 years
and are natives of Virginia Beach. Mr. Russell continued stating the Sawyers
are familiar with all racing people on the national level and could bring great
prestige to the County, as well as knowing how to operate a nice track and they
have extensive construction experience. Mr. Russell also stated Robert K. .
Carter would be the consulting engineer on the project.
Alan Nogiec, Director of Parks and Recreational Facilities Authority,
displayed an aerial photo taken: of the proposed race track property - 850 acres
owned by Union Camp. Corporation. The main entrance to the track will be ap-
proximately 2 miles from the traffic light in Windsor, said Mr. Nogiec.
Mr. Russell continued stating the economic impact. would be $50,000,000
brought into the State of Virginia the first year and a lot of it will come to
the County, There will be a number of full time permanent jobs, part-time and
summer jobs for the youth. of the area along with sales tax. Mr. Russell further
stated the Sawyers will comply with the necessary. requirements and regulations
of the County. The traffic will be significant the days of the event, however,
the State Police has assured the traffic can easily be handled. Route U. S.
258 will be widened - the legislators will support the issue if needed, stated
Mr. Russell.
Supervisor Bailey moved the agenda be amended to consider the Conditional
Use Permit .along with the rezoning application. The vote in favor was unanimous.
At the request of Chairman Turner, County Attorney Crook clarified the
Board of Supervisors has the authority to control the operation of the race
track - that although the Economic Development Committee is directly under the
Industrial. Development Authority, it is working under the Board. County
Attorney Crook stated a resolution is being presented to the Board of Super-
visors from Michael Doland, Chairman of the Economic Development Committee, re-
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July 3,.198&
Page 5
solving that the Isle of Wight County Economic Development Commiteee will take
no action relative to the assignment of said options that will not be in con-
cert with the desires of the Isle of Wight County Board of Supervisors,
RESOLUTION
OF THE
.ISLE OF WIGHT COUNTY
ECONOMIC DEVELOPMENT COMMITTEE
WHEREAS, one of the primary responsibilities assigned the Isle
of Wight County Economic Development Committee is to locate and
arrange the sale of land for economic development purposes as
authorized under the Bylaws for the Economic Development Committee
approved and/or r-atified by resolutions of the Isle of Wight County
.Board of Supervisors and Isle of Wight County Industrial Development
Authority; and
WHEREAS, the Isle of Wight County Economic Development
Committee in recognition and in the exercise of this responsi-
bility did obtain and does hold options to acquire certain .land
for the proposed motor speedway to be located in Isle of Wight
County; and
WHEREAS, in recognizing that the Isle of Wight Economic Develop-
ment Committee has a responsibility to the citizens of Isle of
Wight County in the performance of its duties and has a mission
to improve the economic well being of the county and its citizens;
and
WHEREAS, in recognition that the Isle of Wight County Board
of Supervisors being the duly elective representatives of the
citizens have similar responsibilities to the citizens of Isle
of Wight County;
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Economic Development Committee will take no action relative to the
assignment of said options that will not be in concert with the
desires of the Isle of Wight County Board of Supervisors.
Michael Doland, Chairman
ATTEST:
~.~wi~s~Secretary/Planning Director
~~oleman, County .citizen, spoke in favor of the race track stating he has
deep roots in Isle of Wight County and plans to operate a restaurant selling
Rocky Mount bar-b-que. He asked the Board to approve the application.
Constance Rhodes, representing the Isle of Wight/Smithfield Chamber of
Commerce, spoke in favor of the race track and asked the Board to approve the
application in order to provide a speedway for Isle of Wight County.
Amy Lindemann, from the Town of Windsor, spoke in opposition to the pro-
posed race track. Mrs. Lindemann also read a letter of opposition from David
Joyner who could not be present at the meeting.
Debbie Elliott, County resident, presented a petition to the Board with
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Page 6
July 3, 1986
over 2,000 names of people from the County wha are in favor of the proposed
race track. She asked the Boards favorable consideration,
Dwight Doggett, Jr., County resident, spoke in opposition stating he still
has concerns .relative to facts and figures and realizes it is the Boardis job
to make the best deal for Isle of Wight. County and asked the .Board not to pro-
mote the track.
Cleve Wood, County resident living within .9 of a mile of the proposed
track, stated he would be affected as much as anyone and that the road traffic
will be a bother. However, he feels the County needs a lot - a tax base - and
the race track can offer a tax: base and it will help everyone.
J. W. Nelms, resident of 5000 Bennett~s Pasture Road, Suffolk, spoke in
favor. of the race track. Mr, Nelms said Virginia does not have a super speed-
way and Isle of Wight County has an opportunity to hsve the speedway and they
should take. advantage of it. Mr. Nelms continued stating he has known Mr.
Sawyer for many years and he is one of the most respected men in racing today.
Mr. Nelms asked the Board: to vote favorably on the track and move as quickly
as possible to get the track underway.
Supervisor Bradshaw moved the Board app.rove_the Conditional Use Permit
and application for rezoning of .Union Camp Corporation.; Chloe E. Edwards, et
al; Hattie J. Griffin Estate; Henry R. and Angie E, Griffin; owners, and
p. W, B. Promotions, Inc,, et al; prospective lessees/owners/operators, for
a change. in zoning classification from A-l, Agricultural Limited, to A-2, Agri-
cultural General, approximately 1300 acres of land located on the east side of
Route 258, between Routes 605 and. 606, in Newport Magisterial District., with
the following conditions.... (1) The conditional use permit would expire unless
construction of the speedway is begun within three (3) years from the date of
the issuance of the permit, (2} No races scheduled on Sundays would begin prior.
to 12:00 noon on Sundays, (3) the raceway is to be-used for motor sports events,
the testing of vehicles and accessories and by high-performance driving schools.
Any tither use must be approved by the-Isle of Wight County Board of Supervisors
under conditions acceptable to its. members; (4) An 80 year old oak tree, located
near the proposed entrance of the raceway, planted by Mr, Edwards; will be pre-
served in the most expeditious way possible, Advice will be sought from an
appropriate landscape architect, nursery person or representative of the
Virginia State Forestry Department, (5) A 12 foot chain link fence will be con-
structed around the perimeter of the raceway and accessory buildings; (6) The
operator will provide security 24 hours per day, seven days per week, (7) Cer-
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July 3, 1986
Page 7
tain properties located on existing State Route 606,. which are the residences
of the Jackson, Hollomon, Eaton., Freeman, Bowers and Joyner families will be
buffered by a 50 foot vegetation strip, and (8) The security plan is to be
reviewed and approved by the Isle of Wight County Sheriff's Department.
(Items 1 through 7 were offered by the applicants by letter dated June 17,
1986 from C, Edward Russell, Jr., attorney and adopted by the Board of Super-
visors. Item 8 was added by motion of the Board of Supervisors at its meeting
July 3, 1986.) The motion carried unanimously.
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At 3:23 P.M. Chairman Turner moved to have a recess, which passed un-
animously. The Board reconvened at 3:45 P.M.
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Consideration of the public hearings on the rezoning applications con-
timed as follows:
3. The application of Titus Creek Associates for a change in zon-
ing classification from A-l, Agricultural Limited, to R-l, Re-
sidential Limited, 28 acres of land located on the northeast
side of Route 6b9, between Routes 668 and 665, in Newport
Magisterial. District. The purpose of the application is for
a single .family residential subdivision, Poplar Harbor.
Section II.
E. E. Paine, consulting engineer, appeared to represent the applicants.
Mr. Paine stated there would be 25 lots - the minimum lot front. would be 100'
and the minimum size would be under one half acre.
Sharon Lentz, Poplar Harbor resident, expressed concern regarding the
underground electrical wiring and appropriate fire hydrants..
Chairman Turner stated the Planning Commission recommended approval.
On motion of Supervisor Bradby, the Board voted unanimously to approve
the application ~f Titus Creek Associates for a change in zoning classificat-
ion from A-l, A/gricultural Limited, to R-l, Residential Limited, 28 acres of
land located on the northeast side of Route 669, between Routes 668 and 665,
in Newport Magisterial District,
4. The application of C. H. Duff for a change in zoning
classification from A-1, Agricultural Limited, to R-A,
Rural Residential, 50 .acres of land located on the
north side of Route 600, between Routes 602, 10 and 32,
in Newport Magisterial District. The purpose of the
application is for a single family residential sub-
division.
No one appeared in favor or opposition. The Planning Commission recom-
mended approval, stated the Chairman.
Chairman Turner. moved the Board approve the .application of C. H. Duff
for a change in zoning classification from A-l, Agricultural Limited, to R-A,
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July 3, 1986
Page 8
Rural Residential, 50 acres of land located on the north side of Route 600,
between Routes 602, 10 and 32 in Newport Magisterial District. The motion
carried unanimously.
5. The application of Marshall and. Stephanie Claggett for a
change in zoning classification from A-1, Agricultural.
Limited,. to Conditional R-MH-A, Conditional Rural Mobile
Home District, approximately four (4) acres of land loc-
ated on the north side of Route 624, between Route 10 and
the Surry County line, in Hardy .Magisterial District.
The purpose of the application is for the permanent loc-
ation of one (1) mobile home.
No one appeared in favor or opposition. Chairman Turner stated the Plan-
ning Commission voted unanimously to recommend approval.
Supervisor Bradby moved the Board approve the application of Marshall and
Stephanie Claggett for a change in zoning classification from A-l, Agricultural
Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, approxi-
mately four (4) acres of land located on the north side of Route 624, between
Route 10 and the Surry County line, in Hardy Magisterial District. The motion
passed by unanimous vote of the Board.
6. The application of Grace B. Davis,. owner, and Stephen Gaskins,
prospective owner, for a change in zoning classification from
A-l, Agricultural Limited, to Conditional M-l, Conditional
Industrial Limited, 1.25 acres of land located on the north
side of Route 704, between The .Town of Smithfield Limits and
Battery Park, in Newport Magisterial District.. The purpose
of the application is to .allow contractors' electrical
supplies and equipment storage.
Grace B. Davis appeared and asked the Board's favorable consideration,
as well as asking the Board to allow Mr. Gaskins to erect a business sign.
Steve Gaskins, owner of Gaskins Gas Company in Smithfield, appeared and
stated he would. keep the building compatible with the neighborhood surround-
ings and has plans to upgrade the building.
Warren Moore, nearby resident, appeared and distributed pictures of his
house and area down the street to his home. Mr. Moore stated he was opposed
to the erection of the business sign and said if Mr. Gaskins can conduct his
business in a quiet manner and there be no annoyance he does not object.
However, Mr. Moore feels the business will detract-from his residence and is
definitely opposed to the erection of the sign.
Mr. Gaskins distributed to the Board members a copy of the proposed build-
ing and stated his plans are to conduct the business in the rear - business
will have a 300 feet frontage from the road.
Planning Director, Terry D. Lewis, informed the Board members that at the
Planning Commission meeting. there was a lot of discussion relative to the
erection of a sign and Mr. Gaskins withdrew that portion from his application.
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July 3, 1986
Page 9
Mr. Lewis suggested Mr. Gaskins be allowed a home type business sign in order
to identify his property.
County Attorney Crook advised the Board members they could not act on the
sign because the applicant had withdrawn it at the Planning Commission meeting.
When questioned, Mr. Gaskins stated his hours of business would be 7:00 A.M.
- 5:00 P.M,, Monday through Friday and occassionally on Saturday.
On motion of Supervisor Bradshaw, the Board voted unanimously to approve
the application of Grace B. Davis, owner, and Stephen Gaskins, prospective
owner, for a change in zoning classification from A-1, Agricultural Limited,
to Conditional M-1, Conditional Industrial Limited, 1.25 acres of land located
on the north side of Route 704, between the Town of Smithfield Limits and Battery
Park, in Newport Magisterial District.
7. The application of Theodore M. and. Janice A. Hardison for a
change. in zoning classification from A-1, Agricultural
Limited, to R-A, Rural Residential, approximately 21 acres
of land located on the west side of Route 646, between
Routes 638 and 645, in Hardy Magisterial District. The
purpose of .the application is for rural residential. lots.
Janice Hardison appeared and stated they plan to develop three (3) lots
in order to stay within the rezoning regulations.- Therefore, they will not be
required to provide a hard surfaced road to-the lots. She asked the Board's
favorable vote.
No one appeared in opposition. The Planning Commission voted to recommend
approval, stated Chairman Turner.
Following discussion and on motion of Supervisor Bradshaw, the Bard voted
unanimously to approve the application of Theodore M. and Janice A. Hardison
for a change in zoning classifiction from A-l, Agricultural Limited, to R-A,
Rural Residential, approximately 21 acres of land located on the west side of
Route 646, between Routes 638 and 645, in Hardy Magisterial District.
8. The application of James P. Wells for a change in zoning
classification from A-l, Agricultural Limited, to R-A,
Rural Residential,. 4.67 acres of land located at the
intersection of Routes 681 and 682, between Routes 637
and 683, in Hardy Magisterial District. The purpose
of the application is for four (4) rural residential
lots.
James P. Wells appeared, No one appeared in opposition. The Planning
Commission voted unanimously to recommend approval, said the Chairman.
Supervisor Bradby moved the Board approve the application of James P. Wells
for a change in zoning classification from A-l, Agricultural Limited, to R-A,
Rural Residential, 4.67 acres of land located at the intersection of Routes
681 and 682, between Routes 637 and 683, in Hardy Magisterial District. The
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July 3, 1986 Page 10
motion passed unanimously.
9. The application of A1da 0, Garner and W, B. Owen for a change
in zoning classification from A-l, Agricultural Limited, to
R-l, Residential_Limited, approximately 40 acres of land loc-
ated on the east side of Route 661, between Routes 17 and
661, in Newport Magisterial District, The purpose of the
application is for .single family residences.
County Attorney Crook stated Ann Simpson Jones, attorney representing the
above application, had asked him to ask the Board to delay action on the ap-
plication until she arrives at the meeting. On motion of Supervisors Ross,
the Board by unanimous vote tabled the application until the arrival of Mrs.
Jones.
10. The application of Jasper W. Holland for a change in zoning
classification from A-l, Agricultural Limited, to R-A,
Rural Residential, approximately 5.5 acres of land located
on the .north side of .Route 644, .between Routes 646 and 649,
in Hardy Magisterial .District. The purpose of the applicat-
ion is for five (5) rural residential lots..
Jasper W. Holland appeared, No one appeared in opposition. The Planning
Commission voted unanimously to recommend approval, stated Chairman Turner.
On motion of Supervisor Bradshaw, the Board voted unanimously to approve
the application of Jasper W. Holland for a change in zoning classification from
A-l, Agricultural Limited, to R-A, Rural Residential, approximately 5,5 acres
of land located on the north side of Route 644, between Routes. 646 and 649,
in Hardy Magisterial District,
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Planning Director, Terry D, Lewis, presented the following Conditional
Use Permit applications for the Board's consideration:
1. The application of J. C. Griffin, Sr. for a Conditional Use
Permit to locate a business sign on 261.6 acres of land
located off Route 610, in Windsor Magisterial District,
No one appeared in favor or opposition. Planning Director Lewis stated
the application is improper as proposed; recent zoning ordinance amendments no
longer permit the placement of signs under conditional use permit. The Plan-
ning Commission voted to recommend denial, stated Mr. Lewis and the applicants
have been advised to reapply under appropriate regulations now in effect,
Supervisor Ross moved the Board accept the Planning Commission's recom-
mendation and deny the application of J. C. Griffin, Sr. for a Conditional Use
Permit to locate a business sign on 261.6 acres of land located off Route 610,
in Windsor Magisterial District. The vote in favor was unanimous.
Mr. Lewis presented the following subdivision plats for the Board's con-
sideration:
1. Mill Creek Farm North Subdivision
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July 3, 1986- Wage 11
Mr, Lewis stated it is recommended that a bond, in the amount of
$49,500.00, be established to cover construction cost of the road and drainage
improvements in the proposed Mill Creek Farm Subdivision and requested the
Board to approve a resolution permitting the vacation of a plat previously
recorded subdividing this property. The proposed. resolution shows no lots
have been conveyed under this plat, stated I~r. Lewis...
On motion of Supervisor Bailey, the Board voted unanimously. to establish
the construction cost. bond. in .the amount of $49,500,00 and to adopt the resolut-
ion. permitting the. vacation of the plat previously recorded subdividing the pro-
petty as follows:
RESOLUTION. TO VACATE SUBDIVISION PLAT
WHEREAS, a play of subdivision of property of Virginia
Timber Company, Inc. by Stephen I, Boone & Associates, P. C,
dated July 30, 1985., was recorded in the Clerk's Office of
the Circuit Court of Isle of Wight County on July 30, 1985,
in Plat Book l2, at page .112; and
WHEREAS., all of the land encompassed in said subdivision
plat was conveyed-by deed from Essie J_. Jenkins to Virginia
Timber Company, Inc, dated. July 18, 1985, and recorded in the
Clerk's Office aforesaid in Deed Book 305, at page 440; and
WHEREAS,. no lots in said subdivision have been sold and
the owners desire to vacate the subdivision-plat pursuant to
Section 15.1-481 of the Code of Virginia, 1950, as amended.
NOW, THEREFORE., be _i t. resolved by the Board of Supervisors
of Isle of Wight County that. said Board of Supervisors, as the
governing body of Isle.. of Wight County, consents to the vacat-
ion of Property of Virginia Timber Company, Inca, dated July
30, 1985, by Stephen I. Boone & Associates, P, C „ and recorded
in the Clerk's Office. of the Circuit Court of Isle of Wight
County, Virginia on July 30, 1985,. in Plat .Book 12, at page 112,
said vacation and consent thereto being pursuant to Section
15,1-481 of the Code of Virginia, 1950, as amended.
Adopted:
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•~ / i .~+~ ,~ " -`-ri-tip
Chairman
Attest:
lJ
Clerk
VACATION OF PLAT - Subdivision of Property of .Virginia
Timber Company, Inc a, Hardy .Magisterial District, Plat
Book 12, Page 112
THIS VACATION OF PLAT, made and entered into this 23rd day of
June, 1986, by and between VIRGINIA TIMBER COPIPANY, INC., herein-
after called Owner; and BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, hereinafter called Governing Body;
WHEREAS, by deed from Essie J. Jenkins to Virginia Timber
Company, Inc., referred to herein as Owner, dated July 18, 1985,
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July 3, 1986
recorded in the Clerk's Office of the Circuit Court of Isle
of Wight County, Virginia in Deed Book 305, page 440, Owner
acquired 145.72+ acres in .Hardy Magisterial District, Isle of
Wight County, Virginia; and,
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WHEREAS, Owner recorded a plat of survey entitled "Plat
Showing Subdivision Of Property of Virginia Timber Company,
Inc. Hardy Magisterial District Isle of-Wight .County, Virginia
Sale: 1 " = 200` Date: July 30, 1985 Stephen I. Boone &
Associates, P. C. .Land .Surveyors Portsmouth, Virginia," in the
Clerk's Office aforesaid in Plat Book 12, page 112, establishing
the. subdivision known as Subdivision of Property of Virginia
Timber Company, Inc.; and
WHEREAS, no lots in the subdivision have been sold, Owner,
by and. with the consent of the Governing Body,. desires to
vacate the subdivision plat pursuant to Section 15.1-481 of the
Code of Virginia, 1950, as amended:
NOW, THEREFORE, Owner, by and with the consent of the
Governing Body, as evidenced by its joining in this instrument,
hereby declares that the aforesaid subdivision plat of Virginia
Timber Company, Inc. is hereby vacated.
Page 12
WITNESS the following signatures and seals,. Virginia
Timber Company, :Inc. having caused these presents to be executed
on its behalf by its President pursuant to due authority, and
Board of Supervisors of Isle of Wight County having caused these
presents to be executed on its behalf by its Chairman and attested
by its Clerk, pursuant to a resolution duly adopted on ,
1986.
VIRGINIA TIMBER COMPANY, INC.
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By:
President
BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY
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By : , _~
°'~Chairman
Attest:
Clerk, Board o visors
STATE OF VIRGINIA,
COUNTY OF ISLE OF WIGHT, to-wit:
s
The foregoing instrument was acknowledged before me this _
day of 1986, by J. Wayne Melchor, President of
Virginia Timber Company, Inc., on behalf of the corporation.
My commission expires:
Notary Public
STATE OF VIRGINIA,
COUNTY OF ISLE OF WIGHT, to-wit:
i
July 3,..1986
The foregoing instrument was. acknowledged-before me this
day of ,.1986, by Richard L. Turner, Chairman, and
W. B. Owen, Clerk, respectively, of the Board of Supervisors of
Isle of Wight County.
Page 13
My commission expires:
Notary Public
2. E. E. Holloway Estates Subdivision
Planning Director Lewis informed the Board members a letter had been re-
ceived fxom Atlantic Timber. Company, the developers, requesting the amount of
the bond be reduced from $127,000.00 to $27,000.00.. Mr, Lewis continued stat-
ing although the roads are completed as noted, he recomends the bond not be
reduced, but be required to be maintained in effect until the road is taken
into the State system,
Following discussion, Supervisor Bailey moved the Board concur with Mr,
Lewis' recommendation and maintain the bond at $127,000.00. The motion passed.
unanimously.
On motion of Supervisor Bradby, the Board voted unanimously to approve
the design and layout of the well lot and site plan project for. the well system
for the fire hydrants. in the Cannon Acres Subdivision as proposed by R. L.
Magette, Magette Well and Pump Company.
Supervisor Bradby moved the Board approve the Thomas Park Bill Register
in the amount of $40,434.76. The motion passed by unanimous vote of the Board.
//
Ann Simpson Jones, attorney representing the Garner/Owen rezoning applicat-
ion arrived at the meeting and the Chairman called for the public hearing on
the following application:-
The application of Alda 0. Garner and W. B. Owen for a change
in zoning classification from A-l, Agricultural Limited, to
R-1, Residential Limited, approximately 40 acres of land
.located on the east side of Route 661, between Routes 17 and
661, in Newport Magisterial District. The purpose of the
application is for single family residences:
Mrs. Jones stated the applicants are asking for a change from A-1 to R-1
and the Planning Commission voted unanimously to approve the application. Mrs.
Jones continued stating there is approximately 40 acres with estimated road
frontage of 1500' and depth of 1200'. Mrs. Jones stated she feels the purpose
for which her clients wishes to put the acreage is very compatible with the
immediate area and asked the Board's favorable consideration.
No-one appeared in opposition. Chairman Turner stated the Planning Com-
i
July 3, 1986
mission voted to recommend approval.
Page 14
On motion of Supervisor Bradshaw, the Board voted unanimously to approve
the application of Alda 0. Garner and W. B. Owen for a change in zoning clas-
sification from A-l, Agricultural Limited, to R-l, Residential Limited, of
approximately 40 acres of land located on the east side of Route 661, between
Routes 17 and 661, in Newport Magisterial District.
//
Stanley Turner, representing the residents of Paradise Heights Subdivision,
a subdivision developed by B. B. Bailey and financed by F. H. A., asked the
Board's assistance in getting the road in the subdivision maintained by the De-
partment of Highways and Transportation as it was when the subdivision was
originally developed. Following discussion, Supervisor Bradby agreed to discuss
the Paradise .Heights Subdivision road problem with R. W. Coates, Resident En-
gineer, Department of Highways and Transportation, prior to the July 17, 1986
Board meeting and report back to the Board.
//
On recommendation of County Attorney Crook and motion of Supervisor Brad-
shaw, the Board voted unanimously to approve the agreement received from the
Southeastern Virginia Job Training Administration relative to hiring young
people, ages 14-21, for summer work.
Following discussion and on recommendation of County. Attorney Crook, Super-
visor Bailey moved the Board deny the request of the Commissioner of Revenue,
Gerald H. Gwaltney, to refund personal property taxes to Robert D. Dunn until
sufficient evidence is received regarding his permanent residence. The vote in
favor was unanimous.
~~
On recommendation of Public Works Director, Donald Bernd, and motion of
Supervisor Ross, the Board voted unanimously to renew the telephone contract
with Continental Telephone Company'in the amount of $351.25..
Supervisor Bradshaw moved the Board accept County Administrator Owen's
recommendation to contract with Robinson, Farmer, Cox Associates to develop a
five year capital improvements plan at an estimated cost of $5,000-$7,000.
The motion carried unanimously.
Following discussion, the Board asked County Administrator Owen to find
out the cost of tearing down the present County Administrator's Office build-
ing as opposed to moving the building prior to :the July 17,.1986 meeting.
~/
i
t
July 3, 1986 Page 15
Following discussion and on recommendation of County Attorney Crook,
Supervisor Bradby moved the Board grant. the request of the Town of Windsor
to extend their water lines to the Twin Pond Mobile Home Park, Windsor Apart-
ments and to the property of Cleve Wood. The vote in favor was unanimaus.
~~
Supervisor Ross informed the Board members the Personnel Committee had met
with County Administrator Owen and Acting Building Official, Donald Goodwin,
relative. to the employment of an additional Building Inspector and they recom-
mended John M. Boone, of Carrsville, be employed at a salary of $13,091.00
effective July 7, 1986.
Following discussion, Supervisor Ross. moved the Board approve the employ-
ment of John M, Boone as Building Inspector. at a salary of $13,091..00, effective
July 7, 1986. The motion passed with Supervisors Bradby, Bradshaw, Ross and
Turner voting aye and Supervisor Bailey nay.
/~
Supervisor Bailey moved the County employes be required to work a 40 hour
week schedule. Following discussion, Supervisor Bailey withdrew his motion
and moved the Personnel Committee study and review the pros and cons of requir-
ing a 40 hour work week for County employees and report to the Board meeting
on August 7, 1986. The vote in favor was unanimous.
Supervisor Bailey moved the 1987-88 budget and each budget thereafter be
prepared, reviewed and advertised, including. all receipts from all sources and
all expenditures for the next fiscal year-for a public hearing on the regular
first meeting in May in order that the budget may be adopted and tax rates fixed
by the Board at the regular second meeting in May for the next fiscal year that
begins in July following. That is to keep us from. getting down to the last
minute like we did this time, having special meetings, said Mr. Baiely.
Discussion followed. Supervisor Ross questioned the time frame as to what
purpose it would serve.. It was under the Board's control and next year the
Board can set the policy, said Supervisor-Ross.
County Administrator Owen suggested that early in 1987 the Board might want
to set up a calendar to be followed for certain tasks to be met.
The motion was defeated with Supervisor Bailey voting aye, Supervisor
Bradshaw abstained and Supervisors Turner, Bradby and Ross voting nay.
~~
At 5:15 P.M. County Attorney Crook left the meeting and Ann Simpson Jones,
attorney, took his place as Acting County Attorney.
t
July 3, 1986
Page 16
//
On motion of Supervisor Bradby, the Board voted unanimously to amend the
General Fund Bill Register to include the following: (1) $81,598.00 to Parks
and Recreation Authority for payroll, (2) $20,438.00 initial payment to the
Walter Cecil Rawls Library and (3) $32,405.00 full payment to the Western Tide-
water Mental Health.
Supervisor Bailey moved the Board. approve the General Fund Bill Register
as amended. The motion passed unanimously.
//
Ann Simpson Jones, Acting County Attorney, stated the June 5 , 1986 Board
minutes were ready for the Board's approval and although the June l9, 1986
minutes have been reviewed and corrected by Mr. Crook they have not been retyped
and are not ready for distribution. Supervisor Bailey moved the June 5, 1986
Board of Supervisors minutes be approved. The vote in favor was unanimous.
//
County Administrator Owen requested an Executive Session for the purpose
of discussing with legal counsel and Board members pending litigation and con-
tracts. Supervisor Ross moved. the Board go into Executive Session for the
purpose of discussing with legal counsel and Board members pending litigation
and contracts. The motion carried unanimously. The Board went into Executive
Session at 5:45 P.M. and returned to open session at 6:05 P.M.
~~
At 6:06 P.M. Supervisor Ross moved the meeting be ac'journed, which passed
unanimously.
~~
t
W. Owen, Clerk
_~ ~
-'Richard L. Turner, Chairman
J