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12-04-1986 Regular Meeting (2)November 20, 1986 Page 137 sideration and report back to the Board at its December 4, 1986 meeting. // At 9:.13 P.M. Chairman Turner moved to have a ten minute recess, which passed unanimously. The Board reconvened at 9:25 P.M. ~/ On motion of Supervisor Bailey, the Board voted unanimously to approve the General Fund Bill Register. // County Attorney Crook requested an Executive Session under Section 2.1- 344(a) (2) (3) and (6) of the Virginia Code. Chairman Turner moved the Board go into Executive Session as requested by the County Attorney. The vote in favor was unanimous. The Board went into Executive Session at 9:27 P.M. and returned to open session at 10:12 P.M. /1 Supervisor Ross moved the meeting be adjourned. The vote in favor was unanimous. r, ry 1 ry ' i Richard L. Turner, Chairman W. B. Owen, Clerk :c:c:c~:~:cacx~Y~~~e:c9c~~.c~cxk:c:r:c4c~kx4c~A.c~~xxx:c:c~<~'cx:e'c:c9c~kx~e~~C~c *ic4c:e~c~~ti~c:'ck:c4c:::e4c-::cx9cs::e4c-'c:c:c~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF DECEMBER IN THE YEAR NII~dETEEN HUNDRED EIGHTY SIX PRESEiJT: Richard L. Turner, Chairman C. Fred Bailey Henry H. Bradby (2:07 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 Donald Bernd, Public Works Director Juanita L. Byrum, Assistant County Administrator Betty Scott, Secretary Chairman Turner called the meeting to order at 2:03 P.M. and delivered the invocation.. // R. W. Coates, Resident Engineer, Department of .Highways and Transportation, attended the meeting. However, neither Mr. Coates nor Board members had high- way matters to discuss. David Hardy,. County resident, expressed concern regarding traffic at the December 4, 1986 Page 138 intersection of Routes 709 and 258, at Minton's Store. Mr. Hardy stated there is heavy traffic and it's very dangerous especially when it is foggy and the sun shines bright and he would like to see a traffic light installed at the intersection. Mr. Coates replied stating he would have a traffic study run and advise County Administrator Owen accordingly. // The Chairman called for a public hearing on the Isle of Wight/Franklin Annexation Immunity Settlement Agreement. No one appeared in favor or opposition. County Attorney Crook stated the public hearing had been properly advertised and he had prepared an ordinance for the Board to adopt the agreement and direct it to be submitted to the Court for approval. On motion of Supervisor Bailey, the Board voted unanimously to adopt the "Ordinance To Adopt That Certain Proposed Voluntary Annexation and Immunity Settlement Agreement Dated March. 11, 1.986 Between The City of Franklin and The County of Isle of Wight". "AN ORDINANCE TO ADOPT THAT CERTAIN PROPOSED VOLUNTARY ANNEXATION AND IMMUNITY SETTLEMENT AGREEMENT DATED MARCH 11, 1986 BETWEEN THE CITY OF FRANKLIN AND THE COUNTY OF ISLE OF WIGHT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, and the City Council of the City of Franklin, Virginia, entered into a proposed voluntary annexation and im- munity settlement agreement dated March ll, 1986 pursuant to Section 15.1-1161.1 of the Code of Virginia; and WHEREAS, said agreement was presented to the Commission on Local Government who has reviewed said agreement and has made its report in writing recommending the proposed settlement as being in the best interest of the Commonwealth; and WHEREAS, a special election was held in the County of Isle of Wight on November 4, 1986 on the question of contracting debt as set forth in the said agreement which was approved by affirmat- ive vote of a majority of those qualified voters voting in said election; and. WHEREAS, a public hearing has this date been held by the Board of Supervisors of Isle of Wight County pursuant to notice published once a week for two .successive weeks in the Smithfield Times, a newspaper published in or having a general circulation in the County of Isle of Wight, of the intention of said Board of Supervisors to approve said agreement. THEREFORE, be it and it is hereby ordained by the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Section 15.1-1161.1 of the Code of Virginia of 1950, as amended, that that certain proposed voluntary annexation and immunity settlement agreement dated the 11th day of March, 1986 by and between the City of Franklin and the County of Isle of Wight is hereby approved and adopted by the Board of Supervisors of Isle of Wight County. The County Administrator of Isle of Wight County, Virginia, is hereby authorized and directed to petition the Circuit Court E, r .1 1 December 4, 1986 Paige 139 of Isle of Wight County, Virginia, for an order establishing the rights of the local governments as set forth under the specified agreed terms of said agreement and to forward a certified copy of this ordinance to the City Council. of the City. of Franklin, Virginia. Adopted this 4th day of December, 1986, M~ Richard L. urner, Chairman Attest: i W. B, Owen, Clerk Chairman Turner called for a public hearing on the following zoning ap- plications: 1. The application of Herbert V., Warner H, and Joshua W. Wilson, owners, and ,Herbert V. and Lillie Wilson, pros- pective owners, for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located on the south side of Route 626, between Route 608 and the Route 10 bypass in Hardy Magisterial District. The purpose of the ap- placation is for the permanent location of one mobile home. No one appeared in favor or opposition. The Chairman stated the Planning Commission voted unanimously to recommend approval., Planning Director, Terry D. Lewis, informed the. Board members two adjacent property owners, relatives, had telephoned and advised they are in favor of the rezoning. /~ Supervisor Bradby arrived at the meeting at 2:07 P.M. ~/ County Attorney Crook suggested seeking Supervisor Bradby's vote relative to the "Ordinance To Adopt That Certain Proposed Voluntary Annexation and Immunity Settlement Agreement Dated March 11, 1986 Between The City of Franklin and Th.e County of Isle of Wight, Virginia" since he had arrived after the vote of the Board.. Supervisor Bradby then voted in favor. ~~ Discussion continued regarding the rezoning application of Herbert V,, Warner H. and Joshua W. Wilson., owners, and Herbert V. and Lillie Wilson, prospective owners, Supervisor Ross moved the Board accept the Planning Com- mission's recommendation and approve the application of Herbert V., Warner H. and Joshua W. Wilson, owners, and Herbert V, and Lillie Wilson, prospective owners, for a change in zoning classification from A-l, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located on the south l~ 1 December 4, 1986 Page 140 of Route 626, between Route 608 and the Route 10 bypass in Hardy Magisterial District. The vote in favor was unanimous. 2. The application of Paul B, and Shirley Horne Wilson. and J. W. Horne, Jr, and Margaret C, Horne, owners, and J. W. Horne, Jr. and Margaret C, Horne, prospective owners, for a change in zoning classification from A-]_, Agricultural Limited, to R-A, Rural Residential, 1.03 acres of land located on the south side of Route 600, between. Routes 602 and 10, in Newport Magisterial District. The purpose of the application is for one residential lat. Paul and Shirley Wilson appeared. No one appeared in opposition. The Planning Commission recommended approval, stated Chairman Turner. Supervisor Bradby moved the Board concur with the Planning. Commission's recommendation and approve the application of Paul B, and Shirley Horne Wilson and J, W. Horne, Jr. and Margaret C. Horne, owners, and J. W. Horne, Jr. and Margaret C. Horne, prospective owners, for a change in zoning classification from A-l, Agricultural Limited, to R-A, Rural Residential, 1.03 acres of land located on the south side of-Route 600, between Routes 602 and 10, in Newport Magisterial District. The motion carried unanimously. 3. The application of Ray W. Hughes for a change in zoning classification from A-l, Agricultural Limited, to R-A, Rural Residential, 26.34 acres of land located on the west side of Route 641, between Route 258 and the Norfolk & Western Railway, in Windsor Magisterial District. The purpose of the application is for a single family sub- division. Ray W. Hughes appeared and stated he does not have a specific plan for the single. family subdivision and does not plan to have one any time soon. Mr. Hughes continued saying he will continue to farm the land and asked the Board to table action on the application until the February 5, 1987 Board meeting in order to prepare a formal plan as to what his plans will be. Supervisor Bradshaw moved the Board grant Mr. Hughes' request and table action on the application of Ray W. Hughes for a change in zoning classificat- ion from A=1, Agricultural Limited, to R-A, Rural Residential, 26.34 acres of land located on the west side of Route 641, between Route 258 and the Norfolk & Western Railway, in Windsor Magisterial District. .The vote in favor was unanimous. 4. The application of Hendricks L. and Harold A. Griffin, Jr. for a change in zoning classification from A-l, Agricultural Limited, to R-A, Rural Residential, 6.67 acres of land loc- ated off Route 1402, between Route 10 and the Route 10 by- pass, in Hardy Magisterial District. The purpose of the application is for two rural residential lots. Ann Simpson Jones, attorney representing the applicants, appeared and stated the Planning Commission unanimously voted to approve the subdivision resulting in two lots and asked the Board to do the same based on the Plan- 1 December 4, 1986 ping Commission's recommendation.. Page 1.41 Planning Director Lewis distributed to the Board of Supervisors members copies of notes from adjoining property owners stating they are in favor of the application. On motion of Supervisor Bradshaw, the Board voted unanimously to approve the application of Hendricks L. and Harold A. Griffin, Jr, for a change in zoning classification from A-l, Agricultural Limited, to R-A, Rural. Residential, 6.67 .acres of land located off Route 1402, between Route 10 and the Route 10 bypass, in Hardy Magisterial District. 5. The application of Michael S. Huffman for a change in zoning classification from A-l, Agricultural Limited., to Conditional M-1, Conditional Industrial Limited, 7 acres of land .located off Route 679, between Route 699 and Blairs Creek, in Hardy Magisterial District. The purpose of the application is for a building materials sales yard, millwork manufacturing, wholesale business, storage warehouse and a location sign. Michael Huffman appeared and distributed some letters to the Board in favor of the application. Mr. Huffman read the following letter to the Board members: "SMITHFIELD SUPPLY COMPANY Route 679 P. 0. Box 912 Smithfield, Virginia 23430 ,804-357-7828 November 6, 1986 Board of Supervisors Isle. of Wight County, Virginia The growing economy of Isle of Wight County provides us with the opportunity to provide new training and jobs for our other wise unemployed workers while at the same time expanding our tax base and increasing the community revenue. With. these facts in mind I am requesting conditional rezoning of seven (7) acres of my land located on the north side of State Route 679, froze Al to M.l for the purpose of operating a palletized con- struction plaint which will produce wall, window and roof units. used in the building of homes, apartments and industrial buildings. This plant. will be energy and waste efficient in that. its by pro- ducts of saw dust will be recycled to make. o-thee building products such. as plywood filler and masonite which. is-produced by Union Camp and The Masoni,te Corporation.. No other waste by product is expected to be produced. It will be energy efficient in that no special electrical service must be installed. The current single phase power line into the property is adequate for current and future needs.. including the construction of a new-100x100 plant facility. Anew 500 foot deep well will provide enough water to meet basic needs and a 1.500 gallon approved septic tank are. all. ready on site and. operating, A 20x40 barn constructed in 1984 will serve as office. space and plant maintenance shop, Within five years this facility will. be able to employ on a full time basis up to twenty (20) workers including both. skilled and unskilled employees. An initial employment of four to five people 1 December 4, 1986 Page 142 is included below: 1. Bookkeeper/Receptionist 2. Lead Carpenter/Plant Manager 3< Entry Level. Carpenter (2) 4. Entry Level Carpenter (2) 5. Truck Driver/Fork Lift Operator A project engineer and engineer and architect's office will be on site. The proposed hours of operation are from 6;30 a.m. to 3:00 p.m. daily except Saturday, Sunday and holidays. Inbound deliveries will not be accepted before 8:00 a.m. nor after 5:00 p.m. Outbound deliveries will not depart before 8:00 a.m. or after 5:U0 p.m. The schedule should not pose a hazard to school buses or rush hour traffic during peake commuting times. A delivery truck and traitor weighing less than 25,000 pounds gross weight will. be used to transport the construction units, Tn size it will not weigh. as much or in cubic feet, be as large as a tandum axel garbage truck, nor will this truck pose a road hazard by dropping trash or debris on the highway. Adequate fire fighting capability will be provided and not more than a thirty (30) day supply of wood will be stored on the-situ The area proposed for the plant is well away from any homes and it is 4/l0 mile to the nearest family. A minimum tree buffer zone of at least 400 feet will be between the plant and the nearest. open field of 11 acres, Adequate parking, outside lumber storage, and truck manuevering room is provided in the site plan. This business will be incorporated under the laws of the Common- wealth. of Virginia and will operate as any normal business, and will provide a two fold economic benefit for the county. 1, A clean industry providing job. opportunities. 2. An increase in the tax base which will help hold the line on real estate taxes for homeowners. When this site is. abandon as an industrial site then we will re- quest rezoning back to a zone compatible with the surrounding neighborhood, You will find letters from the person most effected by the locat- ion of this plant voicing their support and approval enclosed. I respectfully request approval of my .rezoning request. Sincerely, s/Michael S, Huffman MSH/sgc" Mr. Huffman asked the Board to consider and approve rezoning of his seven acres. Vernon P. Laughlinhouse spoke in opposition and presented to the Board a list of people who did not wish to have this business located in their neighborhood. Mr. Laughlinhouse stated their concerns were mixing industrial and residential areas (setting precedent for the future), increased traffic on the roads, increased crime load potential, fire protection, if buildings left will be an eyesore and the area is located within. the Blairs Creek 1] December 4, 1986 Page 143 historical area and they would like it to remain an historical area, Mr, Laughlinhouse asked the Board to deny the application, David Hardy, County resident and representing the Emmanuel Baptist Church members, spoke in opposition stating they feel it will change their neighborhood to hazardous; if it is zoned to industrial there will be a triplex personality and the roads are below sub-standard and need repair.. Mr. Hardy asked the Board to deny the application.. Following discussion and with the concurrance of Michael S. Huffman and on motion of Supervisor Bradby, the Board voted unanimously to return the application of Michael S. Huffman for a change in zoning classification from A-l, Agricultural Limited, to Conditional M-l, Conditional Industrial Limited, 7 acres of land located off Route 679, between Route 699 and Blairs Creek, in Hardy Magisterial District, to the Planning Commission because of changes made by the applicant in his presentation since their recommendat- ion to the Board. ~/ Chairman Turner turned the meeting over to Vice Chairman Ross because of a conflict of interest in the up-coming application. ~~ 6. The application of Benns Church Properties for a Con- ditional Use Permit to locate a 25 acre borrow pit on the west side of Route 10, between Routes 644. and 620, in Newport Magisterial District.. A. L. Jones, II, attorney representing the applicants, stated .the pur- pose of asking the Board to approve the application is for a permit to oper- ate a borrow pit to provide irrigation water for a number of farms located in the pit area - 295 acres to be served by the irrigation lake which will be beneficial to the farming operation. Mr. Jones continued stating the Planning Commission passed the concept of the irrigation lake. County Attorney Crook queried Mr. Jones if it will require five years to complete the project to which. Mr. Jones replied "we would not like to be tied to five years". Mr. Crook continued stating there should be a specific length of time for the permit; the. Benns Church Administrative Board has re- quested that. Mr. Jones stated his clients would agree that five years should be an adequate length of time. Mr. Crook further queried Mr. Jones if he felt the pending suit relative to the Fedonchuk property, which the Board of Supervisors denied their request, would have any effect on this application if the Board approved it, Mr. Jones stated he feels it should December 4, 1986 Page 144 have little impact and does not feel this action will be considered in court when the Fedonchuk case goes to court. Supervisor Bailey asked "does the time include the reclamation time". Mr. Jones replied "could be specified, but I would think not" and he then requested that there be a five year period of time and 18 months to 2 years for the reclamation to slope. and seed it. Supervisor Bradshaw expressed concern relative to the sloping going to the water edge or bottom of the pit. Robert Taylor, nearby property owner, appeared in opposition and stated he had "spent a lifetime trying to conserve the soil". He stated "I think this is a poor use of the land". He also expressed concern regarding the possible increased amount of traffic. Robert Taylor, Jr., nearby property owner, appeared in opposition say- ing "the reclamation plan of an irrigation lake is a false pretense. It all boils down to dirt, not irrigation, that's the priorty here. I don't think it will ever be any more than an eyesore. Once you get a hole in the ground, that's all it will ever be". Supervisor Bradby commented in favor of the borrow pit stating the location is not visible from Route 10. George Braswell, nearby resident, stated he had gone to a borrow pit near his property on a recent morning and had seen dozens of ducks and geese. Mr. Braswell said borrow pits can be good if they are properly re- claimed and developed again. Following discussion, Supervisor Bradby moved the Board approve the application of Benns Church Properti~sfor a Conditional Use Permit to locate a 25 acre borrow pit on the west side of Route 10, between Routes 644 and 620, in Newport Magisterial District with the conditions the permit be granted for a period of five years with eighteen months, in addition to the five years, reclamation of the pit with 3:1 slope beginning at the bottom of the pit. The motion passed with Supervisors Bradby, Ross and Bradshaw voting in favor and Supervisor Bailey voting against. // Vice Chairman Ross turned the meeting back over to Chairman Turner. // Florine Moore, Mayor of the Town of Smithfield, appeared and asked the Board of Supervisors to adopt a resolution to authorize the signing of a contract between the County and Krummell & Jackson Associates, P. C., to E December 4, 1986 Page 145 prepare a feasibility study for renovation of the old Smithfield High. School building to provide a community center containing a branch library, recreation facilities, community use rooms, and classrooms, at a cost of no more than $18,050.00. Mrs, Moore continued stating the Smithfield Library Association has agreed to reimburse the County for the cost of the feasibility study, provided the County and. Town proceed to implement Phase Two of the development process. County Attorney Crook. informed the Board members he had reviewed the contract with Attorney Delk and Mrs. Moore and he had suggested some proposed changes to be incorporated in the Resolution. Mr. Crook. continued stating the contract amount has been reduced from $19,000 to $18,050 and is to pro- vide for signature of Board of Supervisors Chairman, Mr. Crook recommended adoption of the amended resolution, On motion of Supervisor Ross, the Board voted unanimously to accept the advice of counsel and have the Board of Supervisors Chairman sign the amended resolution and adopt same, RE50LUTIQN WHEREAS, by prior resolutions, the Isle of Wight County Board of Supervisors and the Town Council of the Town of Smithfield have agreed to jointly develop the 18.008+ acre site of the farmer Smithfield Elementary School and Smith- field High ..School; to jointly. apply for federal, and state governmental grants for the planning, developing and im- proving of the land and adjacent areas; and the construction of the improvements; and WHEREAS, the Board of Supervisors anal Town Council have .appointed a joint committee to make. recommendations for the use and development of the land; and, WHEREAS, the joint committee recommended that a principal use of the land be for public library purposes; and, WHEREAS, Krummel & Jackson Associates, P, C, has agreed to prepare a feasibility study for renovation of the old Smithfield High School. building to provide a community center containing a branch library, recreation facilities, community use rooms,. and classrooms, the study to cost not more than $18,050.00, and has offered a contract for such services to be signed by the County of Isle of Wight; and, WHEREAS, the. Smithfield Library Association has agreed to reimburse the County for the cost of the feasibility study, provided that the County and Town proceed to implement Phase Two of the development process: NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Tawn of Smithfield that the Board of Supervisors of Isle of Wight County is hereby urged to approve the contract between the County of Isle Wight, as owner, and Krummell & Jackson Associates, P, C., as architect, and sign the same, and to further proceed to implement and pursue Phase Two of the develop- ment of the land. Adapted: December 2, 1986 December 4, 1986 Page 146 ____ s/Helen G. Barrett Clerk ~~ Alan S. Nogiec, Director Parks and Recreation Facilities Authority, recommended the Board accept the low bid of Matney Enterprises, Inc. to replace the roofs on the recreational- hall and office building at the Nike Park at a cost of $1.2,800 and $.1,000 to repair the roof on the senior citizens building.. Mr, Nogiec also recommended the :Board accept the bid of Smithfield Associates to replace the air conditioning and heating system at the museum in Smithfield at a cost of $7,993.. He stated the total cost for replacement and repairs is $21,7.93 minus $5,000 already designated in the budget (total request for repairs and replacement is $16,793). On motion of Supervisor Bradshaw, the Board voted unanimously to accept the recommendations of Alan S. Nogiec to replace the roofs on the recreational hall and office building at the Nike Park at a cost of $12,800 and $1,000 to .repair the roof on the senior citizens building and $7,993 to replace the air conditioning and heating system at the museum in Smithfield minus the $5,000 already included in the budget, with the money to be taken from the Contingency Fund. ~/ At 3:.35 P.M. Chairman Turner moved to have a ten. minute recess, which passed unanimously. The Board reconvened at 3:48 P.M. // Planning Director Lewis presented the following. Conditional Use Permit applications for .the Board's consideration: 1. The application of Myrtle C. Edwards for a Conditional Use Permit to locate a mobile home for her daughter, Cathen E. Tyler, on property located. on Route 602, in Newport Magisterial District. Mr. Lewis stated the applicant is seeking a permit for the placement of a mobile home on her lot with existing house for occupancy by her daughter. The applicant is elderly and wishes for her daughter to live nearby for security reasons. Mrs. Edwards appeared and asked the Board's favorable consideration. Planning Director Lewis stated the Planning Commission recommended denial of the application. Charlie Ruffin, neighbor, appearing in opposition, expressed concern I December 4, 1986 Page 147 regarding depreciation of adjacent and drainfield problems as a result of allowing the mobile home to be located there. Frances Blow spoke in opposition. Following discussion, Supervisor Bradshaw moved-the Board approve the application of Myrtle C. Edwards for a Conditional Use Permit to locate a mobile home for her daughter, Cathen E. Tyler, on property located on Route 602, in NeG3port Magisterial District with the condition the mobile home be occupied only by Cathen E, Tyler and her immediate family. The motion passed unanimously. 2. The application of Elva T. Gilliam, owners, and James S, Crumpler, Sr., prospective owner, for a Conditional Use Permit to locate a mobile home for his son, James S. Crumpler, Jr., on property located off Route 709, in Newport Magisterial District. Planning Director Lewis stated the applicants are seeking a permit to allow the property to be used for the placement of a mobile home. Mr. Lewis. continued stating there is an existing mobile home also on the property, however, a lot that will serve as the site will be sub divided .from the pro- perty and conveyed to Mr. Crumpler. The Planning Commission voted to re- commend approval, said rir. Lewis. James S. Crumpler, Sr. appeared and asked the Board's favorable con- sideration. Supervisor Bradby moved the Board approve the application of Elva T. Gilliam, owner, and James S. Crumpler, Sr,, prospective owner, for a Con- ditional Use Permit to locate a mobile home for his son, James S, Crumpler, Jr., on property located off Route 708, in Newport IMagisterial District with the condition the mobile home be occupied only by James S. Crumpler, Jr. and his immediate family. The motion passed by unanimous vote of the Board. Planning Director Lewis introduced George F. Walls, Chairman of the Planning. Commission, who made a presentation to the Board on a County wide street naming and property numbering program. Mr. Walls stated the Planning Commission has worked very hard to develop a street naming and property numbering program for the County and to date has developed a policy and pro- cddure to carry out the program. Mr. Walls stated there has been numerous occasions whereby citizens have requested the County to name streets and es- tablish property numbers in order to facilitiate the location of properties. The fire departments and rescue squads have appeared before the Board citing a need for better property identification in order to minimize the response I 1 i December 4, 1986 Page 1.48 time of emergency personnel. to emergencies and a couple of postal service offices have requested street. names and property numbers as a means to avoid. the frequent need to assign new postal route numbers and/or boxes, said Mr. Walls. Mr. Walls continued stating the Planning. Commission be- lieves it is a good idea and the program will help improve the urban image of the County. Mr, Walls stated it will be cheaper to proceed with the program now than at a future time, Supervisor Bailey stated he feels the matter should be tabled for further study. and review and take action at the December 18, 1986 Board meeting. Mr. Walls requested County Administrator Owen to obtain information from the Counties of Stafford and Dinwiddie, who are presently involved in the same project, relative to same. Chairman Turner concurred with Mr. Walls' request and also asked County Administrator Owen to have the informat- ion for the Board members either prior to the December 18th meeting or bring it to the December 18th meeting. On motion. of .Supervisor Ross, the Board voted unanimously to table action on the County wide street naming and property numbering program until the December 18th Board meeting in order for County Administrator Owen to obtain information from the Counties of Stafford and Dinwiddie for the Board's review and consideration. Planning Director Lewis presented the following rezoning application, tabled at the 10/2/86, 10/16/86 and 11/20/86 meetings, for the Board's consideration: The application of Bailey Enterprises, Inc. for a change in zoning classification from R-2, Residential General, to R-MH-A, Rural Mobile Home, Lot 19 in Jamestown Annex, on Washington Avenue, between Route 1605 and the Southern Railroad, in Windsor Magisterial District. The purpose of the application is for the permanent location of a mobile home. Ann Simpson Jones, attorney representing the applicant, stated her 1 client requests a lot be rezoned in order to place a permanent mobile home on the lot. Mrs. Jones continued saying this is a 252 lot subdivision al- ready in existence with about 10% of the lots containing mobile home dwellers. Mrs. Jones distributed .pictures of the adjoining lots. The Planning Commission recommended denial, stated Mrs. Jones. Mrs. Jones asked the Board's favor- able consideration. Following discussion, Supervisor Bailey moved the Board approve the application of Bailey Enterprises,: Inc. for a change in zoning classficat- ion from R-2, Residential General, to R-MH-A, Rural Mabile Home, Lot 19 December 4, 1986 Page 149 in Jamestown Annex, on Washington Avenue, between Route 1.605 and the Southern Railroad, in Windsor Magisterial District, The motion. passed un- animously. Mr. Lewis requested an Executive Session, to be held .later in the meeting, for the purpose of discussing land acquisition. On motion of Supervisor Ross,-the Board voted unanimously to approve the recommendation of Public Works Director, Donald Bernd, to accept the low bid of Emping Contractors, Inc.. of Grafton, Virginia, in the amount of $17,985, to construct the foundation for the relocation of the administ- ration building. Chairman Turner moved the Board approve the recommendation of Donald Bernd, Public Works Director, to accept tha low bid of Expert Housemovers of Virginia Beach, in the amount of $23,000, to relocate the administration building. The vote in favor was unanimous. Supervisor Ross moved the Board approve the recommendation of Public Works Director, Donald Bernd, to accept the low bid of Layden-Mills Con- tractors to install a septic tank and 1" water line to the relocated administration building in the amount of $3,275 subject to pipe specificat- ions being acceptable to Mr, Bernd, The motion carried unanimously, ~~ County Attorney Crook informed the Board members he had searched the title and prepared the contract for the Board to contract for the purchase. of property, in the amount of $20,000 in the Rushmere area for the con- struction of afire department building on a 1.75 acre parcel at Routes 10 and 624. The property is owned by Walter Hardy and Thomas Mardy. Super- visor Bradby moved the Board approve the contract and authorize the Chairman to sign same. The vote in favor was unanimous. CONTRACT OF SALE This agreement made in Isle of Wight County, Virginia, on the 22nd day of November, 1986, by WALTER N,.. HARDY and GLENNIS R. HARDY, his wife, and THOMAS S. HARDY and GLADYS W. HARDY, his wife, hereinafter called seller, and ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS, hereinafter called purchaser. RECITALS In consideration of the convenants and agreements of the respective parties, as hereinafter set forth, seller agrees to sell and convey to purchaser, and purchaser agrees to purchase and take from seller, the real property situated in the Hardy Magisterial District, County of Isle of Wight, State of Virginia, and particularly described as follows: All of that certain lot, piece or parcel of land situate, lying and being in Hardy Magisterial District, f 1 December 4, 1986 County of Isle of Wight, State of Virginia, and bounded and described as follows, to-wit: Begin- ning at an .iron pin set in the center of the old bogie track near the store now operated by the said William Warren Wilson at the intersection of the said bogie tract and the right of way of State High- way No. 10, thence running in a Westerly direction down and along the center of the said old bogie track a distance of one hundred twenty-eight (128) feet to an iron pipe; thence running in a Southerly direction and parallel with the right of way of State Highway No. 10, but one hundred twenty-eight (128) therefrom a distance of one hundred eighty-four (184) feet to another iron. pipe; thence running in a Easterly direction and distance of one hundred: twenty eight (128) feet to another iron pipe set in the Western edge of-the right of way of State Highway No. 10, at a point one hundred eighty-four (184) feet from the point of beginning; and, thence running in a Northerly direction up and .along the right of way of State Highway No. 10 to an iron pin set in the center of an old bogie track at the intersection of the said bogie track with the said highway, the point of beginning. Being the same property devised to Walter N. Hardy and Thomas S. Hardy by the will of Marguerite H. Wilson recorded in the Clerk's Office for the Circuit Court of Isle of Wight County in Will Book 40 at page 114. The following terms, provisions, and conditions are further agreed to: SECTION ONE PURCHASE PRICE AND TERMS OF PAYMENT The purchase price for the property is Twenty Thousand Dollars. ($20,000.00), which shall be paid as follows: One Hundred Dollars ($100.00) cash in hand paid to seller upon execution of this agreement as a deposit to be credited to the purchase price and the balance of Nineteen Thousand Nine Hundred Dollars ($19,900.00) to be paid at closing. SECTION TWO TITLE; TENANCIES (a) Conveyance of title to property shall be by warranty deed with full covenants, executed by seller. .Title to be conveyed shall be good and marketable,. clear of all liens, encumbrances, defects, and burdens. (b) Conveyance of title shall be made-and sale closed as soon as title may be examined, a survey and approved plat pre- pared and documents drawn. SECTION THREE COSTS Taxes on the subject property will be prorated at time of closing. The following costs shall be paid by seller: attorney's fee for preparation of deed and grantor's tax. Page 150 .The following costs shall be paid by purchaser: attorney's fee for title examination of property and recording cost of deed less grantor`s tax. 1 December 4, .1.986 SECTION FOU1~ BINDING EFFECT OF CONTRACT This contract and the covenants and agreements hereof shall bind and inure to the benefit of parties hereto, and their respective heirs, personal representatives, successors and assigns. Unless the contract otherwise requires, the covenants hereof shall. survive the transfer of title, In witness whereof, the parties have executed this agreement at the place and on the date first above specified in .duplicate originals. Page 1.51 s/Walter N. 'Hardy (-SEAL) Walter N, Hardy s/Glexinis R. Hardy (SEAL) Glennis R, Hardy s/Thomas S. Hardy (.SEAL) Thomas S, Hardy s/Gladys W. Hardy (.SEAL) Gladys W. Hardy ISLE OF WIGHT. COUNTY BOARD OF SUPERVISORS 1 s~ f By ~ _' -~~,~~,- ~, . '~`~ ~~~~~~7~~' (SEAL) 'Richard L, Turner STATE OF VIRGINIA County of Isle of Wight, to-wit.: L, Shari L. Scott, a Notary Public in and for the State and County aforesaid do hereby certify that Walter N, Hardy and Glennis R. Hardy, his wife, whose names are signed to the writing above bearing date-the 22nd day of November, 1986, have acknowledged the same before me in my State and County aforesaid. Given under my hand this 24th day of November, 1.986, My Commission expires: June 23, 1990. s,/Shari L. Scott Notary Public SEAL STATE. OF VIRGINIA County of Isle of Wight, to-wit: I, Shari L, Scatt, a Notary Public in and for the State and County aforesaid do hereby certify that Thamas S, Hardy and Gladys W, Hardy, his wife, whose names are signed to the 1 December 4, 1986 Page 152 writing above bearing date the 22nd day of Navembex, 1986,. have acknowledged the same before me in my State and County aforesaid. Given under my hand this 2Sth-day of November,. 1986. My commission expires; June 23, 1990 s/Shat L: Scott Notary Public SEAL STATE QF VIRGINIA County of Isle of Wight, to~wit: I, Sheila W. Gwaltney, a Notary Public in and for the State and County aforesaid do hereby certify that Richard L. Turner., for the Isle of Wight County Board of Supervisors, whose name is signed to the writing above bearing date the 22nd day of November., 1.986,. has acknowledged the same as said act of said board before me in my State and County afore- said. Given under my hand this 4th day of December, 1986. My commission expires, December 9, 1989 s/Sheila W. Gwaltney Notary Public SEAL County Attorney Crook informed the Board members he had received, re- viewed and recommends the Board approve the Standard Form of Agreement Between Owner and Architect, Spady & Spady, for the construction of-the new volunteer fire department building in Carrsvlle. On motion of Super- visor Bradshaw, the Board voted unanimously to approve the Standard Form of Agreement Between The Owner And Architect, Spady & Spady, for architectural services for the construction of the Carrsville. Volunteer Fire Department Building. County Attorney Croak. advised the Board members Juanita L. Byrum, Zon- ing Administrator, handed a request from Ann Simpson Jones; attorney re- presenting the property owners of the Gatling Farm in Battery Park, asking. the Board approve ad~iextisng the rezoning of the Gatling property con- currently with the Planning Commission for the Planning Commission .and Board of Supervisors meetings on January 13 and 15, 1:987 respectively. The request is being made due to a change in tax laws which require action as soon as possible according to the letter of Mrs. Jones, he said. Following discussion and on motion of Supervisor Bradshaw, the Board voted unanimously to approve Mrs, Jones request to advertise the rezoning December 4, 1986 Page 153 of the Gatling property concurrently with the Planning Commission for the Planning Commission and Board of Supervisors meetings of January 13 and 15, 1987 respectively. ~/ County Administrator Owen informed the Board members he had received a letter from the pastor of Whitehead's Grove Church requesting churches be exempt from the recently adopted utility tax ordinance. Following discussion, Supervisor Bradby moved the Board direct County Attorney Crook to prepare an amendment to the recently adopted utility tax ordinance to give religious institutions an exemption to the tax. The motion carried unanimously. ~~ On motion of Supervisor Ross, the Board voted unanimously to approve the .establishment of positions for a public works technician, grade 9 with a salary range of $12,459-$16,777 and an assistant zoning administrator, grade 11 with a salary range of $13,75 2$18,510. l/ Supervisor .Ross stated the County's personnel plan allows the County Administrator to designate one extra holiday a year and the Board's Person- nel Committee recommends he use that authority to give workers December. 26, 1986 off and the employees be required to work January 2, 1987. Following discussion, Supervisor .Bailey moved the Board concur with the Personnel Committee's recommendation. The vote was a 2-2 tie with Supervisors Ross and Bailey voting aye, Supervisors Bradshaw and Turner voting nay and Supervisor Bradby abstaining. Supervisor Bailey asked. that the Board`s tie- breaker be called to vote. However, Supervisor Bradby stated he couldn't vote against his own recommendation and broke the tie by then voting in favor of having County employees work January 2, 1987. County Attorney Crook then advised -the Board. that .since January 2, 1987 will be a working day, the regular Board of Supervisors meeting will be held January 2, 1987, the following the regular meeting day as the regular meet- ing day is a holiday. Supervisor Ross informed the Board members he had received a telephone call from the Secretary of the. Southeastern Public Service Authority asking that action be taken to appoint a member and alternate to serve as the County's representative since his term and Mr. Owen's term expire December 31, 1986. Chairman Turner moved the Board appoint Supervisor Ross to serve as the member and Mr. Owen. to serve as the alternate on the Southeastern ~. December 4, 1986 Page 154 Public Service Authority's Board. The motion passed unanimously. ~/ On motion of Supervisor Bradshaw, the Board voted unanimously to approve the General Fund Bill Register. Supervisor Bradby moved the Board approve the checks written during the month of November which did not appear on the General Fund Bill Registers. The motion passed unanimously. // On recommendation of County Attorney Crook and motion of Supervisor Bradshaw, the Board voted unanimously to approve the June 26 and November 20, 1986 minutes of the Board of Supervisors meetings. // County Attorney Crook and Planning Director Lewis requested and Executive Session for the purpose of discussing with legal counsel and staff members property acquisition .and personnel. On motion of Chairman Turner, the Board voted unanimously to go into Executive Session to discuss with staff and legal counsel property acquisition and personnel. The Board went into Executive Session at 5:10 P.M. and returned to open session at 5:45 P.M. // Upon returning to open session Supervisor Ross moved the assistant zoning administrator salary range be changed from $13,752-$18,510 to $14,467-$19,445, grade 12. The vote in favor was unanimous. // Supervisor Ross moved the meeting be adjourned, which passed unanimously. ~ ~ ~ ~~ ~ ~ ~ Richard L. Turner, Chairman W. B. Owen, Clerk --~k~~r~cx4c~Y~Y~Y~:c~::~:~Y:<SC~r~cx~cx~4-: k°c::9c~Y~c~9e4c~k9e~c4c~cxic*s:~~:~Yxk~c~csY::~c~Yxs'c::x~F;;::~ex~Y~Y~c~c~4~k~cx::4:::~Y REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF DECEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY SIX PRESENT: Richard L. Turner, Chairman C. Fred Bailey Henry H. Bradby Joel C. Bradshaw, Jr. 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