01-15-1987 Regular MeetingJanuary 5, 1987
I wish the Board of Supervisors and my successor the very
best and will. assist in any way I can. toward this end.
Yours truly,
s/W. B. Owen
County Administrator
WBO:bas"
Page 169
Supervisor Bradshaw moved the Board accept Mr. Owen's resignation effective
March 19, 1987. The motion carried unanimously.
~/
At 3:16 P.M, Supervisor Bailey moved the meeting be adjourned, which
passed unanimously.
Henry H. radby, Chairman
W. Owen, Clerk
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE
FIFTEENTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN
PRESENT: Henry H. Bradby, Chairman
C. Fred Bailey, Vice Chairman
Joel C. Bradshaw, Jr.
Thomas L. Ross
Richard L. Turner
Also attending: Ann Simpson Jones, Acting County Attorney
W. B. Owen, County Administrator
Terry D. Lewis, Planning Director
Donald Bernd, Public Works Director
Donald Goodwin, Building Official
Juanita L. Byrum, Assistant .County Administrator
Betty Scott, Secretary
Chairman Bradby called the meeting to order at 7:05 P.M. The invocation
was given by Rev. Vincent L. Thomas.
//
Chairman Bradby called for a public hearing on the following ordinances:
1. An Ordinance To Amend. The Isle of Wight County Code To Adopt
The Building Maintenance Code
Donald E. Goodwin, Building Official, stated Section 4-3-1 should be
added to Chapter 4, Buildings, Article II State Building Code to be enforced
in its entirety by the Building Official and Building Department of Isle of
Wight County by active enforcement.
Supervisor Bailey expressed concern regarding follow-up of the code.
No one appeared in opposition.
i
January 15, 1987
Following discussion, Supervisor Bailey moved the Board. adopt the
"Ordinance To-Amend The Isle of Wight County Code To Adopt The Building
Maintenance Code", The vote. in favor was unanimous.
AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE TO ADOPT
THE BUILDING MAIIJTENANCE CODE
~1
BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT .COUNTY, VIRGINIA, that. Section 4-3-1 be added
to Chapter 4, BUILDINGS, Article II, State Building Code to read
as follows:
Sec, 4-3-1. Adoption of building maintenance code.
There is hereby adopted by reference in the Isle of Wight
County Gode the Virginia Uniform Statewide Building Code Volume
II Building Maintenance Code adopted by the State of Virginia
Board of Housing and Community Development. effective October 1,
1986. _Said Code is adopted in its entirety and said Code is to
be enforced in its entirety by the Building Official and Build-
ing Department of Isle of Wight County by active enforcement.
Adopted this 15th day of January, 1987.
Henry H, radby, Chairman
Attest:
M
~.~'~2~
W. B. Owen, Clerk
2. An. Ordinance To Amend The .Zoning .Ordinance of Isle of Wight
County On Setback For Accessory Structures
Page 170
Ann Simpson Jones, attorney, informed the Board members County Attorney
Crook had asked her to act as County Attorney, in his absence, and they had
had the opportunity, along with others, to review the ordiance, In view of
acting as County Attorney, Mrs. Jones requested the Board amend the agenda
to consider item g under rezonings because she was representing the applicants.
On motion of Supervisor Bradshaw, the Board voted unanimously to consider item
g under rezonings.
g. The application of W. Meade Gatling', Edwin G. Gatling and
Margaret C. Amory for a change in zoning classification
approximately 61 acres from A-l., Agricultural Limited, to
R-3, Townhouse Residence, and approximately 17I.5 acres of
land from A-l, Agricultural Limited, to R-1, Residential
Limited, located on the north side of Route 704, between
Route 704 and the Pagan Creek, in PJewport Magisterial
District. The purpose of the application is for townhouses
and single family residential subdivision.
Ann Simpson Jones, attorney, appeared to represent the applicants. Mrs.
Jones stated the subdivision will consist of 240 houses and up to 50 townhouses
off Battery Park Road near-the mouth of the river and will be known as Gatling
Point. Mrs. Jones stated the project will be developed by the Brandermill
M
January 15, 1.987
Page 171
Group, a nationally recognized real estate firm, and introduced Branch Lawson,
a Vice President of the Brandermill firm, who presented a slide presentation
of several of the. developments they have developed along Route 360 in
Chesterfield County. Mr. Lawson stated the firm hopes to begin construction
of the subdvision's streets and utilities by the summer, The cost of the land
will be $1,425,000, stated Mr. Lawson. Mr. Lawson continued stating the Town
of Smithfield has been contacted relative to the Town allowing the developers
to tap into the Town's water and sewerage systems, but they have not received
an answer as yet, Mr. Lawson stated the Gatling Point development will focus
on recreation, a boat marina, picnic areas, nature trails, swimming pool and
tennis courts for residents only. The project will bring the County approxi-
mately $225:,000.00. in real estate taxes annually'(at 52~-per hundred dollaxs),
said. Mr. Lawson.
Mrs. Jones stated the applicants proffered the following conditions: (1)
central sewage and water will be provided by .the developer and upon the agree-
ment of the Town of Smithfield with the developer to accept the sewage into
its system and extend water to the development, the Town's sewage facilities
and water facilities will be utilized accordingly; (2) to limit the total
number of residential units to two hundred ninety (290); and (3) the proposed
R-3 zone will contain no more than fifty (50) townhouses and reduce the acre-
age to 48.4 acres for the townhouse district.
Mrs. Jones informed the Board members she had received a letter from R.
W. Coates, Resident Engineer, Department of Highways and Transportation, stat-
ing the additional traffic on Route 704 will not be detrimental and can serve
the subdivision adequately. Mrs. Jones distributed. copies of the restrictive
covenants her applicants are offering to the Board members. Mrs. Jones stated
the land uses are mainly agricultural and residential and the current Land
Use Plan designates this area as a potential growth area and she feels the
proposed project will be a very good use of the land.
Betty Murphy Joyner, adjoining property owner, appeared in opposition,
stating she would like for the Board to delay making a decision on the proposed
project to allow more time-for consideration and expressed concern about the
additional traffic on the roads.
Herbert Sadler, Battery Park resident, stated he is not opposed to the
subdivision but said he wanted to make sure it did not have its own sewage
system plant that might foul the waters and close oystering grounds. Mr.
t
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January 15, 1987 Page 172
Sadler also asked that the marina be kept small for the same reason.
Walter Banks, property owner on Route 6b5, expressed concern regarding
the traffic situation on the roads.
Mrs. Jones, attorney, stated all the citizens concerns are valid, but
she feels there has been considerable background work completed and it is not
a snap of the finger decision to approve the proposed project. Mrs. Jones
continued stating Mr. Lewis, Planning Director, and a Planning Commission
member visited the Brandermi.ll development prior to -the Planning Commission
meeting. It is the legal duty of the School Board and the Department of High-
ways and Transportation to provide the necessary educational facilities and
roads for the proposed subdivision, stated Mrs. Jones, Mrs. Jones asked the
Board. to approve the proposed application.
Supervisor Bailey expressed concerns regarding an adequate water system.
Chairman Bradby also expressed concerns relative to the water system.
Following discussion, Supervisor Bradshaw moved the Board approve the
application of W. Meade Gatling, Edwin G. Gatling and Margaret C. Amory for
a change in zoning classification approximately 48.4 acres from A-1, Agri-
cultural Limited, to R-3, Townhouse Residential, Conditional, and approxi-
mately 168.6 acres of land from A-l, Agricultural Limited, to R-l, Residential
Limited Conditional; located on the north side of Route 704, between Route 704
and the Pagan Creek, in Newport Magisterial District with the proffered con-
ditions the subdivision's water and sewerage systems will be provided by the
Town of Smithfield or come back to the Board for further consideration, The
vote in favor was unanimous.
Chairman Bradby called for a public hearing on the following ordinances:
2. An Ordinance To Amend The Zoning Ordinance of Isle of Wight
County On Setback For Accessory Structures
No one appeared in favor or opposition. Supervisor Bailey moved the
Board adopt the "Ordinance To Amend The Zoning Ordinance Of Isle of Wight
County On Setback For Accessory Structures". The motion passed unanimously.
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE. OF WIGHT.
COUNTY ON SETBACK FOR ACCESSORY STRUCTURES
Be it and .it is hereby ordained by the Board of Supevisors
of Isle of Wight County, Virginia, that the following be added
as Sections 2-5-2-1, 3-5-2-1, 5A-5-2-1, 5B-5-2-1 and 5C-5-2-1
of the Isle of Wight County Zoning Ordinance.
Accessory structures shall not be less than five feet from
any rear yard line.
Adopted this 15th day of January, 1987.
January 15, 1987 Page 173
~~~~'~
Henry H. Bradby, Chairman
Attest:
W. B. Owen, erk
3. An Ordinance To Amend The Ordinance To Impose A Tax On The
Consumers of Utility Services To Exempt Churches
County Administrator Owen stated it was an oversight when the ordinance.
was previously adopted not to exempt the utility taxes for churches.
No one appeared in favor or opposition.
Ann Simpson Jones, Acting County Attorney, stated this language is to
coordinate with what is provided by the State Code in exempting church pro-
petty from property taxes.
Supervisor Ross moved the Board adopt the "Ordinance To Amend The Ordinance
To Impose A Tax On The Consumers of Utility Services To Exempt Churches".
The motion passed by unanimous vote of the Board.
AN ORDINANCE TO AMEND THE ORDINANCE TO .IMPOSE A TAX ON THE CON
SUMERS OF UTILITY SERVICES TO EXEMPT CHURCHES
Whereas, the Board of Supervisors of Isle of Wight County,
Virginia, adopted an Ordinance To Impose A Tax On The Consumers
of Utility Service or Services on July 3, 1986, said Ordinance
having been adopted pursuant to the authority provided the
County by an act of the General Assembly embodied in Section
58..1-3814 of the Code of Virginia, and
Whereas, the Board of Supervisors of Isle of Wight County,
deems it in the best interests of the residents of said County
to grant an .exemption .from said tax to churches, religious
associations or denominations.
NOW, THEREFORE, .BET IT AND IT IS HEREBY ORDAINED BY THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, that an
Ordinance to Impose a Tax on the Consumers of Utility Service
or Services be amended by amending Section 5 thereof to read
as `follows:
Section 5, The United States of America, the State of
Virginia,. and the political subdvisions, boards, commissions,
agencies and authorities thereof, all educational institutions,
any church, religious association or religious denomination
operated exclusively on a nonprofit basis-for charitable, re-
ligious or educational purposes are. hereby exempted from the
payment of the tax imposed and levied by this Ordinance with
respect to the puxchase of utility services used by such govern-
mental agencies, educational institutions and churches..
This amendment shall be retroactive to the 3rd day of July,
1986.
Adopted this 15th day of January, 198.7.
January .15, 1987
Page 174
Henry H. Bradby, Chairman
Attest:
1
,,
W. B. Owen, Cler
The Chairman called for a public hearing on the following rezoning
applications:
1. The application of E. Mabry and Anna H, Scott for a change
in zoning classification parcels of .property in R. E,
Watson Subdivision., located west of Route 258, between Routes
603 and 640, in Windsor Magisterial District, as follows:
from A-l, Agricultural .Limited, to Conditional M-2, Condit
Tonal M-2, Conditional Industrial General, designated County
Land Map 53B (1) C7-20, B5, 6 and B11-20, and from Condit-
Tonal. M-1, Conditional Industrial Limited, to Conditional
M-2, Conditional Industrial General, to Conditional M-2,
Conditional Industrial. General. The purpose: of the applicat-
ion is for a private truck terminal and associated uses,
also a public Virginia Motor Vehicle Inspection Station,
Rodham T. Delk, Jr., attorney, appeared to represent the applicants.
t
Mr, Delk stated the applicant owns and operates a hog hauling operation
that delivers swine to the Smithfield packing plants and is seeking rezoning
of about 30 small residential lots, platted in 1953 that were not built
upon because the land could not support septic tanks, Mr, Delk continued
stating the applicants are requesting rezoning of the original acres to
industrial to allow him to operate a truck terminal garage and lagoon used
for washing out the trailers. Mr. Delk stated letters of opposition were re-
ceived from Beatrice Liggins, James L. Ricks, Lloyd Thomas, Soul Banks,
Elizah Stokes and Anna Jones. The Planning Commission voted unanimously to
approve the application, stated Mr. Delk. Mr. Delk asked the Board's favorable
consideration.
E. M. Scott and Everett Scott were present..
Gammiel G. Poindexter, attorney from Surry County representing the
opponents, stated that this is a residential area with. heavy industrial. develop-
ment off a 30~ road. Mrs. Poindexter continued. stating a truck terminal .under
heavy industrial use can be dangerous and hazardous pertaining to ingress and
egress. Mrs. Poindexter stated the terminal is being used as an overnight
stopping place for heavy trucks and could become a tire service and manufactur-
ing business.
Dorpha L. Copeland, adjoining property owner, appeared and spoke. in
opposition stating there is .quite a lot of noise fxom the trucks coming and
1
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January 15, 1987 Page 175
going; that he owns 9 lots and his sons owns one.
The following persons appeared'in opposition:. William C; McMullian,
Windsor resident; Soul Banks, resident on Route 258; Raymond Jones, Route 1,
Box 689, Windsor; Earl T. Sherrian, Route 258; and Lillian Ruffin, Suffolk and
a property owner in the immediate area.
Mrs. Poindexter asked the Board to truly consider the trucking operation
and deny the application.
Discussion continued regarding the roadway and Attorney Delk informed the
Board members Mr. Scott owns the two roadways, but he does not intend to
block continued use of the road by people who live there. Supervisor Bailey
stated the roads belonged to the original. developer and Mr. Scott now owns the
roads and he is allowing the residents ingress and egress and has vested interest
in keeping the roads up.
Elder James Johnson appeared and stated he owns property at the. beginning
of the trucking outfit; the. noise is a problem; he is not objecting to progress
and he does not .live there. However, he has property which he rents
Mary Sherrian appeared and stated. there are ll childen who get on the
school bus and feels Mr. Scott's business is big enough. Mrs. Sherrian stated
she is not opposed to the operation as it is now.
Attorney Jones queried Planning Director Lewis as to_whether there was
opposition at the Planning Commission meeting, Mr. Lewis replied there were no
opponents at the Planning Commission hearing and suggested the application be
referred back to .the Planning Commis-ion for reconsideration in order for the
people to attend the .Planning Commission hearing and voice their opposition.
Supervisor Ross asked why the opposition did not attend the Planning Com-
mission hearing.. Mrs. Poindexter replied stating one person did call her, but
was in the hospital and could not attend the meeting. Mrs. Poindexter continued
stating the opposition did not understand what the change was.
Following discussion, the Chairman asked Mr. Delk if his clients would
modify this application to change the hours of operation. Mr. Delk replied
he did not feel his client should have to modify, however, he would discuss it
with him.
~/
At 9:13 P.M, Supervisor Turner moved the Board have a ten minute recess,
Gahich passed unanimously. The Board reconvened at 9.:25 P.M.
~/
Discussion of the E. Mabry and Anna H. Scott application continued. Attorney
1
r,
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January 15, 1987 Page 176
Delk informed the Board Mr, Scott .was. not willing to modify his conditions and
cannot change the application from the way it was advertised..
Supervisor Bradshaw moved the Board approve the application of E, Mabry
and Anna. H. Scott for a change in zoning classification parcels of property in
R. E, Watson. Subdivision, located west. of Route 258, between Routes 603 and
640, in Windsor Magisterial District. The motion passed with Supervisors
Turner, Bailey'and Bradshaw voting an favor, Supervisor Moss abstaining and
Chairman Bradby voting nay.
~/
Chairman Turner moved to amend the agenda to hear Citizens Comments before
continuing with the rezoning public hearings. The motion passed unanimously.
Grace Keen, Newport citizen and Chairman of the Isle of Wight Citizens
Association, informed the Board members she had received a telephone call from
Senator Richard J. Holland informing her the James River Bridge has officially
been named the James River Bridge, Mrs. Keen thanked the Board for their
support in the project.
~/
The public hearings continued on the rezoning: applications.
3. The application of William P. and Franees Gallimore for a
change in zoning classification from A--l, Agricultural
Zimated, to Conditional. R-MH--A, Conditional Rural .Mobile
Home District, approximately two acres of land located on
the east side of Route 693, btween Route 711 and Brewers
Creek, in Newport Magisterial District. The purpose of
the application is for the location of one mobile home.
William P. Gallimore. appeared and stated he wanted to dispose of the pro-
perty.
Joe Epps, resident of the same neighborhood, appeared and. stated he would
lake clarification as to what. Mr. Gallimore wants to do with the property -
the advertisement does not state that - states he desires to put a mobile home
on the property, Mr. Epps stated he does not object to the mobile home that
is presently there; leaving everything as it is is fine, said Mr. Epps. Mr.
Epps stated further that he is opposed to the rezoning application as it is
written.
Mr. Gallimore stated he wishes to sell the property to Ra_y Gallimore and
everything will remain as it is presently,
Ray Gallimore., prospective owner, stated you cannot put anything else
there because. that is where the drainfield is located.
Following.discussion, Supervisor Turner moved the Board approve the ap-
placation of William P, and Frances Gallimore for a change in zoning classifi-
1
January 15, 1987.
Page 177
cation from A-l, Agricultural Limited, to Conditional R-MH-A, Conditional
Rural. Mobile Home District, approximately two acres of land located on the
east .side of Route 693, between Route 711. and Brewers Creek, in Newport
Magisterial District. The vote in favor was unanimous.
4. The application of S. V. Camp, IIT for a change in zoning
classification from A-1, Agricultural Limited, to R-A,
Rural Residential, 2.15 acres-of land located on the west
side of Route. 602., between-Routes 600 .and 644, in Newport
Magisterial District.. The purpose of the application is
for rural residential. lots.
Juanita L, Byrum, Zoning Administrator, informed the Board members she
had received a letter from Ann. Simpson Jones, attorney representing Mr. Camp,
asking the application be referred back to the Planning Commission due to pro-
posed changes in the application,.
On motion of Supervisor Ross, the Board voted unanimously to refer the
application of S. V, Camp, ITI for a change in zoning classification from A-1,
Agricultural Limited, to R-A, Rura,1 Residential, 215 acres of land located on
the west side of Route 602, between Routes 600 and 644, in Newport Magisterial
District to the Planning Commission.,. as request by Mrs. Janes.
5. The application of Albert C. Pulliam, Jr, and Bevery B.
Pulliam for a:change in zoning classification from A-1,
Agricultural Limited, to R-1, Residential. Limited, 10
acres of land and from A-1, Agricultural Limited, to R-3,
Townhouse Residential District, 4.5 acres of land located
on-the north side .of Route 624, between Route l0 and
Lawnes Creek, in Hardy Magisterial District, ..The purpose
of the application isfor no more. than .16 single. family
residences and no more than four housing units..
Albert C. Pulliam, Jr., of Newport News, appeared and stated the 10
houses will be built in the subdivision, some of which may be rental property
along with four duplexes. About lz acres at the rear of the property will be
left agricultural to `afford the residents an opportunity to have horses anal
a recreational area, said Mr,.Pulliam.
Robert Beg.land, nearby. resident, appeared in opposition saying he had
recently ..purchased a home on Route 624 and Mr. Begland feels placing rental
property in the neighborhood is spot zoning.
Mr. Bateman, county xesident, questioned Mr. Pu.l.liam`s record as a
developer and stated he is opposed to multi-family housing units - he would
like to see the homes purchased by individuals rather than rented,.
Following discussion, Supervisor. Turner moved the Board approve the
application of Albert C. Pulliam, Jr. and Beverly B. Pulliam for a change in
zoning classification from A-1, Agricultural Limited, to R-1, Residential
Limited, 10 acres of land and from A-1, Agricultural Limited, to R-3, Town-
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January 15, 1987 Page 178
houaw Residential District, 4.5 acres of land located on the north side of
Route 624, between Route 10 and Lawnes_ Creek, in Hardy Magisterial District.
The motion carried unanimously.
6. The application of Eugene S, King and A. Sidney King for
a change in zoning classific ation from A-l, Agricultural
Limited, to Conditi onal R-A, Conditional Rural Residential,
13.48 acres of land located on the south side of Route 662,
between Routes 663 and 661, in Newport Magisterial District.
The purpose of the applicati on is for no more than four
residential lots.
Eugene S. King appeared to represent his brother, A. Sidney King, and
himself. Mr. King stated the property has been in his family for 30 years and
that they inherited it from their father. Mr. King continued stating they feel
the land is suitable for that. type development.
No one appeared in opposition.
Supervisor Turner moved the Board approve the application of Eugene S.
King and A. Sidney King for a change in zoning classification from A-l, Agri-
cultural Limited, to Conditional R-A, Conditional Rural Residential, 13,48 acres
of land located on the south side of Route 622, between Routes 663 and 661, in
Newport Magisterial District. The vote in favor was unanimous. Supervisors
Bradshaw and Bailey were absent when the vote was taken.
7. The application of Jean S, Goodrich, owner, and William D.
and Barbara H, Matthews, prospective owners, for a change
in zoning classification from A-1, Agricultural Limited, to
R-A, Rural Residential, one acre of land located on the west
side of Route 665, between Routes 620.and 258, in Newport
Magisterial. District. The purpose of the application is
for one rural residential. lot.
William D. and Barbara H. Matthews appeared and stated they were in favor
of the application and asked the Board's favorable consideration.
No one appeared in opposition.
Supervisor Turner moved. the Board approve the application of Jean S.
Goodrich, owner, and William D. and Barbara H. Matthews, prospective owners,.
for a change in zoning classification from A-l, Agricultural Limited, to R-A,
Rural Residential, one acre of land located on the west side of Route 665,
between Routes 620 and 258, in Newport Magisterial Districts The motion passed
unanimously. Supervisor Bradshaw was absent when the vote was taken.
8. The application of Walter E. Banks for a special. permit to
construct and/or sell condominiums on 3..32 acres. of land
located on the east side of Route 665, between Routes 667
and 712, in Newport Magisterial District.
Walter E. Banks appeared and stated the application for the development
has already been reviewed by the Board, however the R-3 code does not provide
for the sale of condominiums. Mr, Banks asked the Board's favorable considerat-
[,
January l5, 1937 Page 179
ion, Mr. Banks continued saying County Attorney Crook had advised him the
code has to be altered to include condominiums,
No one appeared in opposition,
Acting County Attorney Jones stated a speai.l permit is necessary because
there are no provisions in the County zoning ordinance that will allow the
development and sale of a condominium project. Mrs. Jones continued saying
under the condominium concept, the individual dwelling units within a multi-
family unit are sold while the property upon which the multi-.family unit is
situated is not subdivided but is retained as a single unit in single ownership
and under the County-zoning ordinance, R-3 zoning, which is the zoning applied
to this property, requires the land to be subdivided and conveyed with each
townhouse unit, The Planning Commission-voted unanimously to recommend approval
provided all provisions under Article 5,1 of the zoning ordinance are complied
with the exception of Section 5,1.-5(l,) and the State Condominium Act, said
Mrs. Janes.
Supervisor Bailey moved. that the Board gent the special permit for the
condominiums requested by Mr. Banks subject to the conditions that all provisions
of the Zoning Ordinance for Townhouses, Article 5.1 are compled with except
Section 5.1-5(l,) and that all provisions of the Virginia Condominium Act are
complied with by the applicant, The motion was unanimously passed with Super-
visor Bradshaw not being present,
//
Planning Director Lewis presented the following Conditional Use Permit
application for the Board's considerati.on~
The application of Alvin P. Scott Estate, owner, and John
R. Edwards, Sr., who has a life right on the property, for
a Conditional Use Permit to locate a mobile home for John
Edwards' son, Charles, on 1.62 acres of land located on
Route 678, in Hardy Magisterial District,
No one appeared in favor or opposition. The Planning Commission voted un-
animously to recommend approval, said Mr. Lewis,
Supervisor Twiner moved the Board approve. the application of .Alvin P,
Scott Estate, owner, and John R, Edwards, Sr., who has a life right on the pro-
perty, for a Conditional Use Permit to locate a mobile home for John Edwards'
son, Charles, on 162 acres of .land located on Route 578, in Hardy Magisterial
District with. the condition the mobile home be occupied only by Charles
Edwards and his immediate family.. The vote in favor was unanimous. Supervisor
Bradshaw was absent when-the vote was taken.
Mr, Lewis presented the following subdivision plats for the Board's
U
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January 1.5, 1987 Page .180
consideration:
1, Plat showing the property of J W._Horne Estate, parcel C,
1.033 acres of land located on Route hOU, in Newport
Magisterial District..
Mr. Lewis stated the plat has been. reviewed and approved by the Department
of Highways and Transportation and the Health Department. The Planning Com-
mission voted to recommend approval, stated Mr. Lewis.
On motion of `Supervisor Bailey, the Board voted unanimously to approve
the plat showing. the property of the J, W. Horne Estate, parcel C, 1.033. acres
of land located on Route 600? in Newport Magisterial District. Supervisor
Bradshaw was absent when the vote was taken,
2. Plat showing the property of James R, Wells, a four lot sub-
division, located on Routes.682 and 6$1, in Hardy
Magisterial District,.
Planning Director Lewis stated the plat has been reviewed and approved
by the Department of Highways and Transportation and the Health Department,
The Planning Commission voted to recommend approval., stated Mr Lewis.
Supervisor Bailey moved the Board approve the plat showing the property
of James P. Wells, a four lot_subdivson, tocatedon Routes 682 and 681, in
Hardy Magisterial District. The motion carried unanimously. Supervisor Brad-
shave was absent when the vote was Taken.
3. Plat showing the property of Harold A,-Griffin, Jr. and
.Hendricks L, Griffin, Lots 2 and 3, located off Route 1402,
in Hardy Magisterial District,
The plat has been reviewed. and approved by the Department of Highways and
Transportation and the Health Department, said Mr.. Lewis. The Planning Com-
mission voted. to recommend approval, stated Mr. Lewis.
Supervisor Turner moved the Board approve the plat showing the property
of Harold A. Griffin, Jr. and Hendricks L, Griffin, Lots 2 and 3, located off
Route 1402, in Hardy Magisterial District. The vote in favor was unanimous.
Supervisor Bradshaw was absent when the vote was taken,
4. Plat showing a portion of the property of G. Lton Pierce
Estate being conveyed to_Wlliam L. Eberlen and Wanda S,
Eberlein, located on Route. 639, in Hardy Magisterial District.
Planning Director Lewis stated the plat has been reviewed and approved by
the Department of Highways and Transportation. and the Health Department:, The
Planning Commission voted to recommend approval, stated Mr, Lewis.
On motion of Supervisor Bailey, the Board voted unanimously. to approve
the plat showing the property of the G. Lilton estate'being conveyed to William
L. Eberlein azad Wanda S. Eberlein,:located on Route: 639,.'in Hardy Magisterial
January 15,-1987 Page 181
District. Supervisor Bradshaw was absent when the vote was taken.
//
Acting County Attorney Jones presented the following personal property
tax refund, as requested by Commissioner of Revenue, Gerald H. Gwaltney, for
the Board's consideration: Ruth B. Duncan - due a personal. property tax refund
for taxes paid in 1986, 1985,.1984 and 1983 in the amount of $313.13. Super-
visor Turner moved the Board approve the personal property tax refund to Ruth
B. Duncan, in the amount of $313.13, as requested by the Commissioner of Re-
venue. The vote in favor was unanimous, Supervisor Bradshaw was absent when
the vote was taken.
Acting County Attorney Jones presented the Isle of Wight/Franklin Revenue
Sharing Agreement, which had been approved by the Board previously, prior to
the referendum. Mrs. Jones stated the statute requires the agreement to be
executed after the referendum and stated the only difference in the agreement
is that language has been added indicating that the agreement now has been
approved by referendum of the voters of Isle of Wight County and approved by
ordinance of the Board of Supervisors. Supervisor Ross moved the Board approve
the Franklin/Isle of Wight Revenue Sharing Agreement and authorize the Chairman
to sign same. The motion passed unanimously.
AGREEMENT
THIS AGREEMENT. DATED the 15th day of January, 1.987, and entered
into by the parties on the dates hereinafter stated; by and between
the City of Franklin, hereinafter called "the City" and the County
of Isle of Wight, hereinafter called "the County".
The City and the County by action of the governing body of each
under authority granted by Section 15.1-1167.1, Code of Virginia,
1950 as amended, pursuant to said statute, to provide for the
orderly growth and continued viability of both jurisdictions,
agree and bind the City and the County. as follows:
ARTICLE I
Definitions
Section 1.1 The following words and phrases as used in this Agree-
ment shall have the meanings as herein set forth:
a. "local. tax revenues" - All revenues raised by
the County from taxes presently or in the future
classified. by the State Auditor of Public
Accounts as "general property taxes" and "other
local taxes" pursuant to the Uniform System for
Comparative Cost Reporting. In addition, "local
tax revenues" shall include any other local
taxes. that the County may levy or impose in the
.future,.
b, "designated area" -.The area of Isle of Wight
County adjacent to the .City of Franklin as
described in Appendix "A" attached and as shown
in Appendix "B" both attached to and a part of
this Agreement.
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January 15, 1987
Page 182
ARTT('.T.F. TT
Revenue Shari
Section 2.1 Revenue Shared - The County, agrees to share with
the City all local tax revenues as defined above
collected by the County from within the "desig-
nated area".
Section 2.2 Percentage Shared - The percentage of local tax
revenues to be paid to the City shall be as
follows:.
a. Five (5) percent of local tax revenues col-
lected between July 1, 1985 and June 30,
1986,.
b. Ten (10) percent of local tax revenues col-
lected between July 1, 1986 and June 30,
1987.
c. Twenty (20) percent of local tax revenues
collected between July 1, 1987 and June 30,
1995 and during all succeeding fiscal years
subject to adjustment as provided in sub-
section (d),
d. An.adjusted percentage of local tax revenues
collected after June 30, 1995 of not less
than 17,0% and not greater than 23.0% as
determined in. Article III below.
Section 2,3 Time Of Payment - On or before August 1, 1986 and
thereafter on or before August 1 of each succeed-
ing year in perpetuity, the County will pay to the
City the City's share of revenues, as provided
herein, collected by the County during the fiscal
year (July 1 to June. 30) immediately preceeding
the date of each payment. Adjustment shall be
made in each subsequent year to accounty for re-
funds and abatements of prior years. If this
Agreement is not. approved by the Special Court
before August 1, 1986, then the first payment.
under this Agreement shall be due 30 days follow-
ing such approval. Subsequent payments under this
Agreement shall be made on or before August 1 of
each year.
ARTICLE III
Adjustment of Percentage of Local Tax
Revenues Share After`June 30, 1995.
Section 3.1 Purpose - The percentage of revenue sharing shall
be adjusted once every ten years. This "Adjusted
Percentage" is based upon the formulas described
below. The purpose of the adjustment is to alter
the percentage of revenue sharing, within defined
limits, to reflect changes in various fiscal con-
ditions experienced by the County and City.
Section 3.2 Initial Review and Adjustment - During. the first
six (6) months of the calendar year 1996, a review
and calculation of the Adjusted Percentage will
be made by the parties in accordance with the
method hereinafter set forth.
Section 3,3 Frequency of Reviews - Ten (10) years from the
year of the initial review and every tenth year
thereafter the parties will cause a review to be
made in accordance with the provisions hereof and
adjustments,. if any required,. made accordingly.
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January 15, 1987
Section 3.4
Adjusted Percentage -
Page 183
a. The Adjusted Percentage shall be equal to the
"review period composite relative fiscal
stress factor" (as computed in accordance
with Section 3.10) divided by the "baseline
composite relative fiscal stress factor"
(as computed in accordance with Section 3.9)
.multiplied by 20.%. This calculation is
represented by the following equation;
Adjusted Percentage = review period composite
fiscal' stress factor x 20.0%
baseline composite
fiscal stress factor
b. The Adjusted Percentage shall not be greater
than 23.0% or less than 17.0%.
c. The Adjusted Percentage, as calculated,
according to subsection (a), abo~~e, shall
be rounded to the nearest one-tenth of
one percent.
Section 3.5 Composite Fiscal Stress Factor - The "baseline
composite fiscal stress factor" and the "review
period composite fiscal stress factor" shall each
include three indices of fiscal stress for each
jurisdiction as follows:
a. Income Index ("SI") -- Governmental Expendi-
tures for Operations .and Debt Service (''E")
divided by Adjusted Gross Income ("I").
b. True. Value Index ("SP"} -- Governmental
Expenditures for Operations and Debt Service
("E"} divided by the total of the True Value
of Locally Taxed Rea1_Estate and Public Ser-
vice Corporation Property (("P").
c. Taxable Sales Index ("ST"} -- Governmenta
Expenditures for Operations and Debt Service
(''E") divided by Taxable Retail Sales. ("T").
These indices shall be weighted in the calculation
of the composite stress factors. The True Value
Index shall be multiplied by .5; the Income Index
by .4; and the Taxable Sales Index by .l.
Section 3.6 Data Sources - The source documents for data used
in connection with the determination of the
respective indices. of fiscal strain shall be as
follows:
a. Governmental. Expenditures for Operations and
Debt Service:. "Comparative Report of Local
Government Revenues and Expenditurest1, pub-
lished annually by the Auditor of Public
Accountants, Commonwealth of Virginia.
b. True Values of Locally Taxed Real Estate and
Public: Service Corporation Property: "Virginia
Assessment/Sales Ratio Study", published
annually by the Department of Taxation, Com-
monwealth of Virginia.
c. Adjusted Gross Income: "Annual Report,
Department of Taxation", published annually
by the Department of Taxation, Commonwealth
of Virginia.
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January 15, 1987 Page 184
d. Taxable Retail Sales, "Taxable_Sa.1es In
Virginia Counties and Cities", published
annually by the Department of Taxation.,
Commonwealth. of Virginia.
In the event that any of the above documents cease_
to be published-or the terms in subsections (a)-
(_d) cease to be defined in such documents as they
are on the date of this agreement,- such other
official publications. of the State of Virginia
that provide comparable data (or comparable data
from the documents in subsections (a)-(d) shall
be used. Where published data is on a fiscal year
basis,. data used will be for the fiscal years
ended June 30 for such years. Where published
data is on a calendar year basis, the .data used
will be for those calendar years.
Section 3.7 Baseline Period Data - The data used in the
calculation of the."baseline composite fiscal
stress factor" shall be the data for years
1984, 1985, 1986, .1987, and 1988.
Section 3.8 Review'Perod Data - The data used in the
calculation of the "review period composite fiscal
stress factor" shall be the data for the five-year
period immediately preceeding the date of the
review for which all data elements are available.
Section 3.9 Baseline Composite Fiscal Stress Factor - The
"baseline composite fiscal stress factor'' shall be
computed in accordance with the following four
equations.. In the .first three equations."f l"
indicates that the factors in the numerators are
figures for the City for 1984; "f2".for 1985;
"f3" for .1986; "f4" for 1987; and. "f5" for
1988, Likewise, "wl" indicates that the.
factors in the denominators are figures for the
County for 1984; "w2" for 1985.; "w3" for 1986;
"w4" for 1987; and "w5'' for 1988.
(E/I)fl i. (E/I)f2 + (E/I)f3 +. (E/I)f4 ~. (E/I)f5
SI = (E/I)wl (E/I)w2 (E/I)f3 (E/I)w5 (E/I)w5
(E/P)fl + (E/P)f2 + ~(E/P)f3 +(E/P)f4 + (E/P)f5
SP = (E/P)wl (E/P)w2 (E/P)w3 CE/P)w4 (EIP)w5
ST = (E/T)fl + (E/T)f2 + (E/T)f3 -~- (E/T)f4 ~- (E/T)f5
(E/T)wl (E/T)w2 (E/T)w3 (E/T)w4' (E/T)w5
Baseline Composite
Fiscal Stress Facto _
r •4(SI) + .5(SP)
+ .l(ST)
Section 3.10 Review Period Composite Fiscal Stress Factor - As
hereafter described, the "review period composite
fiscal stress factor" shall be computed by using
data for the review period in the same four equa-
tions described in Section 3.09. In the first
three equations, "FI" indicate s that the factors
in the numerators are figures for.. the City for the.
first year of the appropriate review period; "F2"
for the second year; "F3" for the third year; "F4"
for the fourth year; "F5" for the fifth year. Like-
wise, "W1" indicates that the factors in the
denominators are figures for t he County for the
first year of the appropriate review .period; "W2"
for the second. year; "W3" for the third year; "W4"
.for the fourth year; and "W5" for the fifth year.
i
January 15, 1.987 Page 1.85..
__ __
SI = (E/I)Fl + (E/I)F2 -+_ (E/I)F3 -~, (E I)F4 ,+ (E/I}F5
(E/I)W1 (E/I)W2 (E/I)W3 (E/I)W4 (E/I)W5
SP = (E/P)Fi + CE/P)F2 + (E/P)F3 + (E/P)F4 --+~.~E/P}F.5
(E/P)W1 (EjP)W2 (E/P)W3 (E~P)W4 (E/P)W5
ST = (E/T)F1 + (E/T).F2 +- (E/T)F3 ~- (E/T).F4. -~-_ (E/T)F5
(E/T)W1 (E/T)W2 (E/T)W3 (E/T)W4 (E/T)W5
Review Period = ,~.(SI) + .5(SP) + .l(ST)
Fiscal Stress Factor
Section 3.1.1 Effective Date. Of Adjustment -- Any adjustment made
in the percentage of revenue shared in accordance
with a review shall be used in the calculation. of
the next payment to be made hereunder and each
year thereafter until subsequent review,
Section 3.12 Delinquent Taxes - Taxes which. become delinquent
during the effective term of this Agreement shall
be included in share revenues when collected
except that the cost of collecting such shall be
deducted prior to determination of the amount to
be shared.
ARTICLE IV
Section 4.1 Tax Exempt Status - In the .event the County should,
at any time in the future, collect .tax on real
property from the City on City-owned land at the
municipal airport facility, the County shall pay
to the City an amount equal to the tax collected
in addition to any other shared revenues referred
to in this Agreement. Such payment.. will be made
at the same time as the shared revenue payments
provided in Article IT herein.
Section 4.2 Exception To Tax Exemption - In the event any.
privately owned entity shall be established or
located on City-owned property, then such improve-
. menus or other assets and the land utilized there-
by shall be assessed and taxed in the same manner
as similar properties in the County.
ARTICLE V
Section 5.1 County Imm~inity From Annexation - The City agrees
and does hereby waive any and all of its rights
and power to seek the annexation of the County
territory within the designated area. The execu-
tion of this Agreement shall be a bar to the
initiation,. prosecution or support of any annexa-
tion of any part of the designated area by the
City.
Section 5.2 Effect Of .Annexation - In the event that any of
the designated area should by Court order be
annexed to the City, the County shall have the
option. of terminating the revenue sharing provi-
sions of this Agreement.
ARTICLE VI
Section 6.1 Effective Date - This Agreement shall become
effective when it has been approved by .the Court
pursuant to Section 1.5.1-1167.1 of the Code of
Virginia.
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January 15, 1987
Section 6.2 Duration - Except as
this Agreement sha.11
ity unless modified
County.
Page 186
otherwise. provided herein,
remain in effect in perpetu-
r terminated by the City and
ARTTCT.F. VTT
Section 7,1 Commission's-Recommendations - The City and the
County .agree. to oppose those recommendations by
the Commission on Local Government which are con-
trary to_the terms of .this Agreement, unless any
such recommendation is agreed to by both the City
and the County.
Section 7.2 Referendum Requirement - The City and the County
agree that Article VII, Section 10 of-the Virginia
Constitution and Section 15.1-11Fi7.2 of the Code
of Virginia (1950), as amended, require that the
provisions of this Agreement providing for annual
payments by the County to the City be approved by
a majority of the qualified voters in the County
voting in an election on the question of contract-
ing such. debt.
Section 7.3 Scheduling - The County shall submit this question
to its qualified voters at an election to be
conducted as .soon as practicable in accordance
with the requirements of Section 15.1-1167.2 of
the Code of Virginia (1950), as amended.
Section 7.4 Petition .to Court - The City. and the County agree
to take all necessary actions and cooperate in
petitioning the Court as provided by-statute for
the ratification and approval of this Agreement..
Section 7.5 Costs Incurred in Presentation `and Petitioning -
The County and the City agree to pay their own
costs incurred in petitioning the Court for the
approval of this Agreement.
Pursuant to the authority granted by Section 15.1-1167.1, the
governing body of the City of Franklin and of the County of Isle of
Wight execute this Agreement pursuant to resolution duly-adopted on
December 8, 1.986 by the City Council of the City of Franklin, and
on January 15, 1987 by the Board of Supervisors of Isle of Wight
County.
THE CITY OF FRANKLIN
Attest:
s/Mollie E. Bass
Its Clerk
Attest:
By 's/L. Elliott Cobb
Mayor
THE COUNTY OF ISLE OF WIGHT
By
hairman oard o Supervis rs
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Its C -'-`
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January 15, 1987
APPENDIX "A"
Page 187
Beginning at a point along the centerline of the Blackwater
River on the boundary line between the Counties of Isle of Wight
and .Southampton with said point being the intersection. of said
boundary line and the centerline of State Route 611; thence pro-
ceeding in a northeasterly direction .along the centerline of State
.Route 611 for a distance of 4,860 feet + to a point, said point be-
ing the intersection of said State Route 611 centerline and the
centerline of Sate Route_630; thence leaving the State Route 611
and proceeding along the centerline of State Route 630 centerline
and the centerline of an unnamed and unnumbered roadway, with said
intersection point further described as being located generally
where State Route 630 turns from a north-south orientation to an
east-west orientation; thence leaving the centerline of State
Route 630 and proceeding in a generally southerly .direction, along
the centerline of said unnamed and unnumbered roadway for a distance
of 7,44Q feet + to a point, said point .being the intersection of
said. unnamed roadway centerline and the projection in a northwesterly
direction of a property line of the Franklin Municipal Airport, said
projection and property .line having a bearing of N 43° 30' W; thence
leaving said unnamed roadway centerline and proceeding in a south-
easterly direction first along said projection and then .along pro-
perty lines with the following bearings: S 43° 30' ~, N 85° 23' E,
S 4° 37' E, N 88° 34' S5" E, S 4° 37" ~, N 85° 23' E, and then along
the projection of said N 85° 23~ E property line, said point being
the intersection of said property line projection and the centerline
of U, S. Route 258; thence. proceeding in a southwesterly direction,
first along the centerline of U. S. Route 258 and then along the
centerline of State Route 1603 for a distance of 7,620 feet +,
crossing the centerline of U. S. Route 58 at 4,200 feet +, to a
point, said point being the intersection of the centerline of State
Route 1603 and the centerline of State Route 616; thence proceeding
in a southeasterly direction along the centerline of State Route
616 for a distance of 1,300 feet + to a point, said point being the
intersection of said roadway centerline and the centerline of an
unnamed stream; thence proceeding in a generally southwesterly
direction along the centerline of said unnamed stream for a distance..
of 2,760 feet +, crossing the centerline of the Norfolk, Franklin
and-Danville Railway. at 700 feet +, to a point, said point being the
intersection of said unnamed stream and the centerline of State Route
617; thence proceeding in a southeasterly direction along the center
line of State Route 617 for a distance of 2,400 feet +, to a point,
said point being .the intersection of said roadway centerline and the
centerline of State Route 618; thence proceeding in a southerly
direction along said State P.oute 618 centerline for a distance of
8,940 feet +, corssing the centerline of the Virginia Electric and
Power Company right-of-way at 3,500 feet +, to a point, said point
being the intersection of said roadway centerline and the boundary line
between Isle of Wight County and the City of Suffolk;..thence proceeding
in a southwesterly direction along said boundary line for a distance
of 4,640 feet +, corssing the centerline of the Seaboard Coast Line
Railraod at 3,220 feet +, to a point, said point being the intersection
of said boundary line between Isle of Wight County and the City of
Suffolk .and the. boundary line between Isle of Wight County and
Southampton County with said point being further described as being
located on the centerline of the Blackwater River; thence proceeding
in a generally northerly direction along the boundary line between
Isle of Wight County and Southampton Caunty to the point of beginning.
AN ORDINANCE TO ADOPT THE REVENUE SHARING AGREEMENT BETWEEN. THE CITY
OF FRANKLIN AND ISLE OF WIGHT COUNTY WHICH WAS SUBMITTED FOR REVIEW
TO THE COMMISSION ON LOCAL GOVERNMENT AND TO AUTHORIZE THE FILING OF
A PETITION IN THE CIRCUIT COURT OF ISLE OF WIGHT COUNTY FOR AN ORDER.,
PURSUANT TO SECTION 15.1-1167,1 OF THE CODE OF VIRGINIA (1950), AS
AMENDED, ESTABLISHING THE RIGHTS OF THE LOCAL GOVERNMENTS AS SET FORTH
UNDER THE TERMS OF SAID AGREEMENT.
WHEREAS, the City of Franklin ("City"), and the County of
Isle of Wight ("County"), by resolutions of March 11, 1986, approved
a revenue sharing agreement (the "Agreement"), which constitutes a
voluntary settlement of annexation issues as authorized by Section
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January 15, 1987 Page 188
15.1-1167.1 of the Code of Virginia;
WHEREAS, the Agreement provides for the waiver by the
City of certain annexation rights, the sharing, of`certain revenues
by the City and the County, and for other terms and conditions;
WHEREAS, the City and the County have presented the Agreement
to the Commission on Local Government, which has c:onducted'a hearing
as required by law and which .has issued its-findings and recommendations
in reports dated July 1985 and May 1986; and
WHEREAS, Section 15..1.-.1167,1. of the Code of Virginia re-
quires the City. and the County, subsequent to the Commission review,
to .adopt such Agreement by ordinance passed by a recorded vote of a
majority of the members of each governing body after a duly advertised
public hearing on such Agreement, and thereafter to petition the
Circuit Court of Isle of Wight County for an order establishing the
rights of the local governments under the terms of said Agreement:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FRANKLIN, VIRIGNIA THAT:
1. The Council. of the City of Franklin, by this ordinance,
approves and adopts the Agreement, a copy of 'which. is attached hereto
as Exhibit A, and authorizes and directs its Mayor to execute the
Agreement on its behalf,
2. The Council of the City of Franklin hereby authorizes
the Acting City Manager and .special counsel for the City to petition
the Circuit Court of Isle of Wight County for an order, pursuant to
Section 15,1-1167,1 of -the Code of Virginia, affirming and validating
said Agreement and establishing the rights of the local governments as
set forth under the terms of said Agreement.
3. The Acting City Manager shall take all such actions and
employ such. special assistants as are needed to obtain the necessary
court approval of the Agreement.
4. This .ordinance shall be in full force and effect on
the 8th day of December, 1986.
Approved this 8th day of December, 1986.
sjG, Elliott Cobb
Mayor
Attest:
sjMollie E, Bass
Clerk
//
Gounty Administrator Owen informed the Board members that Donald Bernd,
Public Works Director, had reviewed the Public Works Technican applications
and recommended the Board employ James Burket, at an annual salary of $13,156,
effective January 20, 1987. On motion of Supervisor Ross, the Board voted un-
animously to employ James Burket, at an annual salary of $13,156, effective
January 20, 1987.
On motion of Supervisor Ross, the Board voted unanimously to approve
the following budget transfer requests: $3,000.00 from line i em 4204-3009
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January 15, 1987
Page 189
to line item 4204-5048; $1.,500.00 from line item 4204-3009 to 4204-1003'
$2,500.00 from line item 4204-3009 to line item 4204-3004; $6,500.00 from
line item 4204-3009 to line item 4302-1001.
County Administrator Owen informed the Board he had received a request
from the architect for a construction change order on the addition to the
administration building to purchase up to 137 yards of dirt at a cost not to
exceed $1,356.30.
Supervisor Bailey expressed concern about where the dirt was purchased
saying he feels it is a conflict of interest.
County Administrator Owen stated the contractor had requested a testing
service to run test on dirt to be purchased and the contractor bought the
dirt according to the survey; he was not aware of any conflict of interest.
Acting County Attorney Jones stated it is not a conflict of interest,
however, Mr. Bailey has a right to his opinion and has a right to vote against
it. Parker Councill, Commonwealth's Attorney, would be the person who would
determine whether the purchase of the dirt was a conflict of interest, stated
Mrs. Jones. Supervisor Turner stated he told the contractor he would not
sell any dirt until he could obtain legal advice.
Following discussion, Supervisor Ross moved the Board approve the change
order for the contractor, Henderson, Inc., to purchase dirt up to 137 yards-
not to exceed a cost of $1,356.30 from Isle of Wight Materials. The motion.
passed with Supervisors Bradby, Bailey and Ross voting in favor. and Supervisors
Bradshaw and Turner abstaining,
More discussion followed and Acting County Attorney Jones stated, "it is
a legal. transaction and Mr. Bailey does not feel Mr. Turner should engage in
that work".
Supervisor Ross moved to have the previous vote reconsidered. The vote in
favor was unanimous.
Supervisor Ross moved the Board approve the request for change authorizat-
ion as stated by County Administrator Owen.. The motion passed with Supervisors
Bradshaw, Bradby and Ross voting in favor, Supervisor Bailey voting nay and
Supervisor Turner abstaining.
County Administrator Owen stated he had two items for Executive Session
which will be later in the meeting.
Public Works Director Bernd reminded Mr. Owen of the three bids he had
received for digging a trench. at the Smithfield landfill.
January 1.5, 1.987 Page 190
County-Administrator Owen .informed the Board members three bids had
been. received from the following contractors to dig a trench at the landfill:
John R. Edwards, Jr. - 60~ per yard; Layden-Mills Cpntractors - 65C per yard;
and Ronald Carr - 59~ per yard. Supervisor Turner moved to accept the .low
bid of Ronald Carry at 59~ per yard, to dig the trench at the landfill. The
vote in favor was unanimous.
//
qn recommendation of County Administrator gwen and motion of Supervisor
Ross? the Board tabled action on the ..STOP organization using the old Smithfield
High. School until the February 5~ 1987 Board of Supervisors meeting in order
for County Administrator_gwen to research more information..
Supervisor Turner moved the Board appoint Supervisor Bailey to work with
the Corps of Engineers, in Narfolk~ regarding the installatin of a site on
Route 460 in W.ndsar to drain water off the property of two County residents,
Leland D. Johansen. and A. D~ Henderson. The motion passed unanmouslyt
On motion of Supervisor Turner, the Board voted unanimously to grant
Zoning ,Administrator's, Juanita L. Byrum, request to approve granting her
permission to apply a Coastal Resources Management grant for projects within
the County,
~l
Cha%rman Bradby informed the Board members he would make the Board of
Supervisors Committee appointments at the February 5, 1.987 Board meeting,
~f
Ghairma.n Bradby called for consideration of the following Conditional Use
Permit which was tabled at the November 20, 1986 and Decmeber 18, 1986 Board
of Supervisors. meetings for further study;
The application of Mt. Olive Holiness Church for a Conditional
Use Permit to locate a mobile home to be used as a dining hall
for.-the church, on property located an Route-1303, in Hardy
Magisterial District.
Supervisor Bradby informed the Board members he had discussed. the. Con
ditional Use Permit with several members of the church and. they had decided
not to pursue same. Thereforez Chairman Bradby moved the Board concur with
the Planning Commission's recommendation and deny the application, The
vote in favor was unanimous,
//
Acting County Attorney Jones informed the Board members that the City of
Suffolk had agreed to extending the Court Order to accept Isle of Wight County
January 15, 1987 Page 191
prisoners until .January 31, 1987 at the per-deim rate of $7.50 per day.
//
Supervisor Bradshaw moved the Board appoint Eleanor Clarke, P. 0. Box 84,
Carrsville, Virginia, to serve as a member of the Commission on Aging. The
motion carried unanimously.
Supervisor Bailey moved the Board appoint Francis S. Griffin, Route 2,
Box 102, .Windsor, Virginia, to serve another term as a member of the Planning
Commission. The vote in favor was unanimous.
Supervisor Bradshaw moved the Board appoint Mrs. Anthony King, Route 1,
Box 9, Franklin, Virginia, to serve another term as a member of the Planning
Commission. The motion passed by unanimous vote.
Supervisor Turner moved the Board appoint Andrew M. Casey, 39 Nelson
Maine, Carrollton, Virginia, to serve another term as a member of the Planning
Commission. The motion passed by unanimous vote of the Board,
/~
On motion of Supervisor Bailey, the Board voted unanimously to approve
the following amendments to the General Fund Bill Register: 3401-5504 - Jane
Alphin, reimbursement of tuition fee - $51.00; 7100-5604 - Isle of Wight
Parks and Recreation, 3rd quarterly payment - $81,598.00.
Supervisor Bailey moved the Board approve the General Fund Bill Register
as amended. The vote in favor was unanimous.
/~
County Administrator Owen informed the Board members Supervisor Turner
had requested payment of $650.00 to. the Virginia Rural Leadership Program
for him (Mr. Turner) which completes his participation in a two year rural
ladership program state government. On motion of Supervisor Ross, the Board
voted unanimously to concur with Supervisor Turner's request for payment
of $650.00 to the Virginia Rural Leadership Program. Supervisor .Turner
abstained from voting.
//
On motion of Supervisor Bradshaw, the Board voted unanimously to approve
the January 5, 1987 Board of Supervisors minutes as recommended by County
Attorney Crook and Acting County Attorney Jones.
~~
Supervisor Ross moved the Board go into Executive Session .for the pur-
pose of discussing with legal counsel and staff members acquisition of public
property, possible litigation and personnel. The vote .in favor was unanimous.
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January 15, 1987
Page 192
The Board went into Executive Session at 11:00 P.M. and returned to open
session at 11:48 P.M.
//
Upon returning to open session the Board discussed the request for
an additional payment to the builder, John Satterfield, for handicap ramps.
On motion of Supervisor Turner, the Board voted to approve the request for
payment to accommodate the bill for building materials to be paid to Mr.
Satterfield and the Franklin Building Supply, subject to the contractor's
approval. The vote in favor was unanimous.
There was a brief discussion on the selection of a County Administrator.
Supervisor Bailey made a motion that County Attorney Crook with the assistance
of County Administrator Owen prepare a list of qualifications for the
County Administrator. The motion passed unanimously. Supervisor Bailey
and County Administrator Owen suggested that if any of the Board members
would like to add input relative to the County Administrator's qualifications
to so advise.
//
At 11:56 P.M. Supervisor Ross moved the Board meeting be adjourned.
The motion carried unanimously.
t ~'
Henry H. radby, Chairman
W. B. Owen, C erk
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE
FIFTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN
PRESENT: Henry H. Bradby, Chairman
C. Fred Bailey, Vice Chairman
Joel C. Bradshaw, Jr.
Thomas L. Ross
Richard L. Turner
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 Bradby called the meeting to order at 2:00 P.M. The invocation
was delivered by Supervisor Ross.
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