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05-07-1987 Regular MeetingApril 29, 1987. passed unanimously at 9:26 P,M. W. B. Owen, Clerk Page 281 ~G~ ;~i~'V. y Henry H, Bradby, Chairman '- REGULAR MEETING OF THE ISLE OF WIGHT COUNTY .BOARD OF .SUPERVISORS. HELD THE SEVENTH DAY OF MAY IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H. Bradby, Chairman ABSENT: Joel C-. Bradshaw, Jr. C. Fred Bailey, Vice Chairman Thomas L. Rass Richard L. Turner Also attending: H. Woodrow Crook, Jr,, County Attorney W. B. Owen, County Administrator Terry D. Lewis, Planning Director (2:15 P.M.) Donald Bernd, Public Works Director Juanita L. Byrum, Assistant County Administrator Betty Scott, Secretary Chairman Bradby called the meeting to order at 2:05. P.M. and delivered the invocation. // R. W. Coates, Resident Engineer, Department of Highways and Transportation, advised the Board members the resolutions to expend the remaining revenue shar- ing funds ($37,500) to level the abandoned railroad bumps on Routes 619, 641 and 632 had been prepared and given to County Attorney Crook for .review. .County Attorney Crook stated the resolutions were in order and he recommended them for adoption, with the correction of the misspelled word "rand". Supervisor Bailey moved. the Board adopt the resolutions to expend the remaining revenue sharing. funds ($37,500) to level the abandoned railroad bumps on Routes 619., 641 and 632 as corrected.. The motion passed unanimously. RESOLUTION Allocation of ,Revenue Sharing for Roads On motion of C. Fred Bailey, the following Resolution was adopted by unanimous vote. WHEREAS, Section 33.1-75-1 of the Code of Virginia provides that when a County designates a sum, not exceeding 15 percent of the County's Revenue Sharing Funds, for use by the Highway. and Transportation Board, for the contraction, maintenance, or improvement of secondary roads in such County that the Highway Board shall match such Revenue Sharing Funds as first priority allocation: NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors hereby designates $37,500 of its Revenue Sharing Funds or General Funds for use ir_ the construction, main- tenance or improvement of secondary rods in the County of Isle of Wight, Virginia, to wit, State Route 619 (Budget Item Project May 7, 1987 Page 283 0619-5003) - $22,500, State Route 641 (Budget Item Project 0641-5004) - $5,000, State Route 632 (Budget Item Project Ob32- 5005) - $10,000. This construction is to lower the grade for better sight distance at three (3) locations where the railroad has been abandonded. ADOPTED BY BOARD May 7, 1987, Teste: 4 f W. B. e 'rte Mr. Coates informed the Board members a public hearing should be held at the June 18, 1987 Board of Supervisors meeting to coniider the Department of Highways and Transportation 1987-88 Priority List for Secondary Construction Budget.. Mr. Coates continued saying the public hearing should be published 30 days prior to .the hearing and that he would send the necessary information to County Administrator-Owen for publication. ~/ On motion. of Supervisor Ross, the Board voted unanimously to amend the agenda to discuss Item VI, I, Spencer. Elmore, Robinson, Farmer, Cox Associates. The Chairman recognized Spencer Elmore, representative of Robinson, Farmer, Cox Associates, who informed the Board members he had prepared an itemized statement of what the revenue sharing payment will be relative to the Isle of Wight/Franklin agreement. Mr. Elmore continued saying the initial pay- ment is based upon the June 30, 1986 data and that the payment is to be made within 30 days after the Court Order was entered approving. the agreement. Mr. Elmore stated the Court Order was entered April 13, 1987 and the County needs to make the initial payment by May 13, 1987. Mr. Elmore continued saying the first payment is S% of revenue. collected during the 1986 fiscal year and the second payment., which will be paid August 1, .1987, will be 10%. Mr. Elmore stated the amount from taxes of public service corporations are based on estimates, not actual collections, The amount fxom taxes applicable to public service corporations will need to be adjusted with future payments, based on more definitive information currently being developed by the respective public service corporations. The City of Franklin should be appropriately .advised of this consideration when payment is tendered, said Mr. Elmore. Mr. Elmore suggested the Board. consider employing his firm to continue work on the draft for the second payment. to the City of Franklin due to the fact estimates will be required for the report and they have done the .background work, On motion of Supervisor Turner, the Board voted unanimously to employ Robinson, May 7, 198.7 Page 282 Farmer, Cox Associates to continue the preparations for the up-coming August payment relative to the Isle of Wight/Franklin agreement. County Administrator Owen suggested establishing an understanding with the City of Franklin on some of the tax categories to avoid so much .detail work. Chairman B,radby asked who would contact Franklin to which Mr. Elmore replied he would assume the responsiblity with the assistance of the County Administrator and the Franklin people. County Attorney Crook advised the Board. that the 1987-88 County Budget should be presented. to the Board at its May 21, 1987 meeting in order to set tentative tax rating .and to advertise the budget and the tax rate ordinance for public hearing at the regular Board meeting of_June 1$, 1987. The Board. would then need to have a special meeting on June 25, 1987 to adopt the budget and the ordinance, he stated, Mr. Elmore said the budgets are in the hands of County Administrator Owen and the Finance Committee needs them to re- view prior to the May 21st. meeting. County Attorney Crook stated the proposed county budget should he advertised on June 3 and 10, 1487 for the public hearing to be held at the June 18th meeting, Mr. Elmore stated that as soon as the Finance Committee is ready to work an the proposed budget he is ready. to work with them. // Chairman Bradby called for a public hearing on the following rezoning applications: 1. The application of James Hill for a change in zoning classi- fication from A-l, Agricultura]_ Zimited, to R-MH-A, Rural Mobile Home District, one acre of land located off the east side of Route 620, between ~toutes 10 and 32 and Route 644, in Newport Magisterial District. The purpose of the applicat- ion is for the permanent location of one mobile home , James Hill appeared and stated the purpose of his request is to locate a house trailer for himself and his wife to live in because he is comtemplating selling his home. No one appeared in opposition. Supervisor Turner moved the Board approve the application of James Hill far a change in zoning classification from A-l, Agricultural Limited, to R- MH-A, Rural Mobile Home District, on acre of land located off the east side of Route 620, between Routes 10 and 32 and P.oute 644, in Newport Magisterial Dist- rict. The vote in favor was unanimous. 2. The application of Norvel Wilson, Jr. for a change in zoning classification from A-2, Agricultural General, to R-MH-A, Rural Mabile Home District, 1.73 acres of land located on the north side of Route 10, between Routes 675 and 676, in Hardy May 7, 1987 Page 284 District, The purpose of the application. is for the permanent location of one mobile home, Norvel Wilson, Jr. appeared. No one appeared in opposition, Supervisor Ross moved the Board accept the recommendation of the Planning Commission and approve the application of Norvel Wilson, Jr. for a change in zoning classification from A-2, Agricultural General, to R-MH-A, Rural ~~obile Home District, 1.73 acres of land located on the north side of Route 10, between Routes 675 and 676, in Hardy Magisterial District. The motion carried uri. animously. 3, The application of Bruce K. Steffey and Mary G. Steffey for a change in zoning classification from Conditional Tndustrial Limited, to B-1, Business General, ,45 acres of land located on the .north side of Route 17, between Routes 661 and 662, in Newport Magisterial District. Th.e purpose of the applicat- ion is for uses permitted in a business zone. Bruce Steffey appeared and stated he feels it is more appropriate to change from light industrial to business general. No one appeared in opposition. Supervisor Turner moved the. Board approve the application of Bruce K. Steffey and Mary G, Steffey for a change in zoning classification from C'on- ditional Industrial Limited, to B~l, Business General, .45 acre of land located on the north side of Route 17, between Routes 661 and 662, in the Newport Magisterial District. The vote in favor was unanimous. 4, The application of Richard L, and Edna B, Turner, owners,, and E. Irwin Baker, Jr „ prospective. owner, for a change in zoning classification from A-l, Agricultural Limited, to Conditional M-1, Conditional Industrial. Limited, approximately 14 acres of land for processing .arid distributing whalesale mulch, and from A-l, Agricultural Limited, to Conditional B-1, Conditional Business General, approximately 3 acres of land for office facilities, retail businesses and services and'a business sign. Said property is located on the east side of Routes 10 and 32, between Routes 600 and 604, in Newport Magisterial District.. Supervisor. Turner stepped down from the. dial because of a conflict of interest in the above application, Whitney Saunders, attorney from Suffolk representing Irwin Baker, Jr., prospective purchaser. of the property, appeared and. stated. his client was re- questing.. the frontage of the property be zone B-1 for 300 feet and"extending 575 back be rezoned M-1 from current zone. M~, Saunders continued saying Mr. Baker is a Suffolk resident and has been in business of providing mulch for 15 years and has established his own business within that time, Mr, Saunders stated Mr Baker would like to move his business to Isle of Wight County form Winston, North Carolina,. Mr. Saunders stated there would be two individuals. t J May 7, 1987 Page 285 employed at the business other than Mr, Baker with the opportunity to employ more in the future. Mr. Saunders stated the raw product is sold in bulk and displayed a sample of the potting soil commenting; that 3.t is sold to nurseries and they add the chmicals to the products. The plant does not employ any chemicals whatsoever, said Mr, Saunders. Mr. Saunders continued saying trucks will bring in the bark product and there is no chance of any nollution_occurring as a result of business because it is done indoors. Mr. Saunders continued say- ing the product is stored outside until delivered to the nurseries .and there will be four to five trucks coming in .per week. The trucks will be tractor- trailer dump type trucks and if the business is extended in the future there would be not no more than 15 or 16 trucks going in and out per week. They will not create a traffic or pollution problem. Mr. Saunders stated the con- ditional request indica es there will. be a 6' decorative fence along the barrier between the proposed B-l and M-1 area. It is not a large operation and should not present .anyone with any great problems, said Mr. Saunders. Mr. Saunders requested favorable consideration from the Board. No one appeared in opposition. County Attorney Grook questioned the plats as to whether they are asking. a zoning change division to which Mr. Saunders replied no sir. Supervisor Ross stated the area is located in the Longview Agricultural District and the Planning Commission recommended the site be removed upon re- zoning, County Attorney Crook stated this is normally done when the property is platted because until it is platted it would be difficult to remove the precise area.. Planning Director Lewis stated the owner should request that it be removed. County Attorney Crook stated rezoning should be conditioned on this pro- perty being removed from the Agricultural. District. Supervisor Turner stated he met with the Agricultural Advisory group and the owner has requested the whole farm be taken out and it will be taken out of the Agricultural District. Following discussion and on motion of Supervisor Ross, the Board voted unanimously to accept the Planning Commission's recommendation .and approve the application of Richard L, and Edna B. Turner, owners, and E. Irwin Baker., Jr., prospective owner, for a change in zoning classification from A-l, Agricultural Limited,. to Conditional M-l, Conditional Industrial Limited, approximately 14 acres of land for processing and distributing wholesale mulch., and- May 7, 1987 Page 286 and from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, approximately 3 acres of land for office facilities, retail businesses and services and a business sign conditioned on the property first being re- moved from the Longview Agrculauxal District. Said property is_located on the east side of Routes 1.O and 32~ between Routes ~i00 and h04, in .Newport Magisterial District. 6. The application of Perry M. Bailey for a change i.n zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, 1T03 acres of land located on the west side of Route 654, between Rautes(a20 and 692, .in Newport Magisterial District. The purpose,of the applicat- ion is for the permanent location of one mobile home. Supervisor Ross stated the Planning Commission report indicated the applicant had requested withdrawal and they had recommended same. Supervisor Ross moved the Board apprnve the request of the applicant to withdraw his application. The vote i.n favor was unanimous, /~ Planning Arector Lewis presented the fallowing Conditional Use Permit for the Boards consideration:; 1. The applaton of Donald R, McCloud to extend existing Con- ditional Use Permit for a mobile home. to be located on his property for an additional three years while building a residence off Route 624 Parcel L, in Hardy Magisterial District.. Planning Director Lewis stated the applicant is seeking a permit that will allpw the existing mobile home on the site to be continued to be located on the site for an additional three years. Mr. Lewis continued saying-permits were approved. in 1982 (2 years) and 1584 (3 years) and a condition was imposed on each previous permit to permit occupancy of the mobile home while a permanent home was under construction, Mr, Lewis continued saying that no construction work has been started yet nor have plans been. completed to secure a building permit. The applicant .reports that financial prablems have prevented him from moving ahead with construction, but he believes he c.an start construction within two years, said Mr, Lewis. Mr. Lewis stated the Planning Commission. voted to recommend approval for a period of two years which should allow the applicant time to, complete purchasing the lot 'and to secure financing and begin construct- .ion of the house. Donald McCloud appeared and stated he would he pleased to accept a two year. permit on the Board's approval,. Mr., McCloud stated he plans to have the foundation'l.aid by the spring and complete building of the residence within 18 months, Mr, McC-loud continued saying the well and septic tank are already installed. May 7, 1987 Page 287 Supervisor Turner moved the Board accept the Planning Commission's recom- mendation and approve the application of Donald R, McCloud to extend this existing Conditional Use Permit for a mobile home to be located on his property for an additional-two years while building a residence off Route 625, Parcel L, in Hardy Magisterial Distxict. The vote in favor was unanimous, // Chairman Bradby moved the agenda be amended to allow Public Works Director, Donald Bernd, an opportunity to address the Board,. The motion carried un- animously, Mr. Bernd informed the Board. members he had received five bids for the janitorial services at the Courthouse, which are as follows: E&W Cleaning. Services, $28,456,U0; Envornme.nt Control, $29,4UO,OU; Precision Cleaners, $29,99U,UU; Nellie M, King, $34330.15 and Ryder Janitorial Service, $37,293,36, Mr, Bernd recommended the Board employ the low bidder, E&W Cleaning and Super- visor Bailey stated he concurred with the recommendation, Chairman Bradby spoke in favor of Nellie M, King. Following discussion, Supervisor Turner moved the Board accept the low bid of E&W Cleaning as recommended by Mr. Bernd. The motion passed with Supervisors Bailey, Ross and Turner voting. aye and Chairman Bradby voting nay. Per recommendation of Public Works Director Bernd and on motion of Super- visor Turner, the Board voted unanimously to approve the request of Mr, Bernd to advertise the letting of bid specifications for a new front end refuse truck. Donald Bernd, Public Works Director, informed the Board members he had talked with Vernon Ray Edwards relative to the painting of the Health Depart- went Building and Mr. Edwards states Mrs. Garris did not talk with him, Mr. Bernd continued saying he_had talked with Sidney Pittman. and he said he was spawn the entire building to be painted, Mr, Bernd stated he had never been in the building when the. offices in question were unlocked,. Mr. Bernd recom- mended the Board pay Vernon Ray Edwards the additional. $6UU,UU for painting the storage room and shelves, Following discussion, Supervisor Turner moved the Board pay an additional $3UU to Vernon Ray Edwards for painting the Health Department Building, The motion passed with Supervisors Turner, Ross and Bradby voting .aye and Super- visor Bailey abstaining. Mr. Bernd informed the Board members he ha.d received bids for the construct- ion of the handicapped ramps, but he was not satisfied with them and will keep the Board abreast of same. n ~. May 7, 1987 Page 288 On motion of Supervisor Turner, .the Board voted unanimously to approve the budget transfer request of the Public Works Dire'ctorto transfer $1500 from 4203-5413 to 4401-3004 and $30,000 from 4204-3009 to 4302-1501. // County Attorney Crook informed the Board members he had a tax refund request recommended by Commissioner of Revenue for the Board's consideration, .However, Mr. Crook stated he did not recommend it because there was not an explanation as to why the request was being made.. Supervisor Bailey moved the request be returned to the Commissioner of Revenue, Gerald H. Gwaltney, for further explanat- ion. The motion passed unanimously. ~/ County Administrator Owen stated he had two budget tequests for the Board's consideration.. The Registrar had requested a transfer of $19,00 from line item 1302-1003 to line item 1302-3005, On motion of Supervisor Turner, the Board voted unanimously to approve the budget transfer request of the Registrar. Supervisor Ross moved the-Board approve the budget transfer request of the Animal. Control Department to transfer $139.00 from line item 3501-5504 to line item 3501-5413, The inoti.on carried unanimously. Following a discussion relative to the final payment of $1326 to Caro, Monroe and Liang, arch.i.tect, for the Windsor Rescue Squad, Superivsor Turner moved to table action on same until the May 21, 1987 Board meeting and asked that the Board 'members be furnished a copy of the change order regarding Chang- ing of the septic tank and drain .fields and that Mr, William C. Monroe be asked to attend the meeting. The vote in favor was unanimous, On motion of Supervisor Turnery the Board voted unanimously to approve the renewal. of the Continental Telephone maintenance contract, in the amount of $346,00, for this year, Per Juanita L, Byrum, Assistant County Administrator, and on motion of Supervisor Turner, the .Board voted unanimously to accept the. low bid of $84,631,65 of Rillco Construction, `Inc, to perform improvement work on 36 systems relative to the Shoreline Sanitation Program.. The other bids received were as follows: Layden Construction $91.,815, Nelms & Company $94,362 County Administrator Owen stated he would like an executive session to discuss with-legal .counsel. contract negotiations later in the meeting.. /~ On motion of Supervisor Turner, the Board voted unanimously to amend the May 7, 1987 Page 289 agenda to hear comments from Beryl H.'Perry, Jr., Treasurer. Mr. Perry asked the Board to use the administrative charges on delinquent taxpayers to pay his part=time employees. County Administrator Gwen stated Mr. Perry had overspent on temporary-help and he had asked Mr. Perry to :ask Board approval before paying any further temporary help. Following discussion, County Attorney Crook. stated the funds collected .from delinquent taxpayers should be put in the general fund and not go into the Treasurer's operating budget. Mr. Crook continued saying the Treasurer could request additional funds to be used in his department. Mr._ Perry stated approximately $2,900 had been collected as administrative fees. Following discussion, Supervisor Turner. moved the Board approve providing up to $2,900 to the Treasurer for part-time help salaries, the. funds to be taken from the Contingency Fund, The .vote in favor was unanimous. // Chairman Bradby stated he had recevied a telephone call from Mrs. Keen asking the Board approve her letter asking for contribu ions for the purchase of .shrubbery for the Benns Church Beautification Project. The Board members concurred that when they voted to pay $40.00 postage to mail the letters, they approved the letter at the same time. No further actipn was taken. // Supervisor Ross stated he had a personnel matter to be discussed in executive session later during the meeting, // Supervisor Bailey left the. meeting, /~ Supervisor Turner moved the Board appoint E, Royce Holdsworth to serve an- other term as a member of the Isle of Wight Historical Architectural Zone Committee. The motion passed unanimously. Chairman Bradby moved the Board appoint Alvin Wilson to serve another term as a member of the Board of Zoning Appeals, The vote i,n favor was unanimous. Supervisor Ross moved the Board appoint Richard L. Turner to service another term as a member of the Southeastern Virginia Planning District Commission.. The motion carried unanimously. // On motion of Supervisor Ross, the Board voted unanimously to approve the General Fund Bill Register as amended,. Supervisor Ross moved the Board approve the checks which were. written dur- l~ May 7, 1987 Page 290 ng the month. of April which did not appear on the General. Fund Bill 12egster. The vote in favor was unanimous, ~/ Per recommendation of County Attorney Crook and on motion of `Supervisor Turner, the Board voted unanimously to approve the April 2, .l6 and 23, .1987 Board of Supervisors minutes, ~/ At 3:55 P,M. Supervisor Turnex moved the Board have a ten minute recess, which. passed un~nx.mously~ // The Board reconvened from Executive Session at 4;47 P,M, County Attorney Crook: read the following'xecommendaton made by Supervisor Ross of the Personnel Committee, .Mrs. Juanita Byrum will be made Acting County Administrator. effective May 8th, She will receive a pay increase of $SOO a,month while serving in that capacity, The automobile allowance for the County Administrator will be p aid to her, Mr, Owen will continue as a County employee as assistant to the ,Acting County Admi istrator or the Board, He will also continue to :serve on committees, commissions ar boards until a replacement is appointed. Compensation for time will. be negotiated with the Personnel Committee and approved by the Board of Supervisors and mileage will be taken from the car allowance of the. Acting County Administrator... Motion made by Supervisor Turner thaw the recommendation be approved. The vote was unanimous. ~/ At 4:50 P,M. Supervisor Ross made the motion the meeting be adjourned. The vote was unanimous. -l0' ~^~~ Henry H, Bradby~ Cha~an ,• ]~ __ W. B, Owen, _ex REGULAR MEETING OF THE LSLE OF WIGHT CC)UNTY BOARD OF SUPERVISORS HELD THE TGIENTY FIRST DAY OF MAY IN THE. YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H, Bradby, Chairman ABSENT: Richard L, Turner C, Fred Bailey, Vice Chairman .Joel C, Bradshaw, Jr. Thomas L, Ross Also attending: Ann S, Janes, Acting County Attorney Juanita L, Byrum, Acting County Administrator Terry D. Lewis, Planning Director Donald Bernd, Public Works Director W, B, Owen Betty Scott, Secretary