06-18-1992 Regular Meeting,:
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD .THE EIGHTEENTH DAY OF JUNE IN THE YEAR
NINETEEN HUNDRED NINETY TWO
PRESENT: Henry H. Bradby, Chairman
Steven W. Edwards, Vice Chairman
Joel C. Bradshaw, Jr.
Malcolm T. Cofer
O. A. Spady
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 7:06 p.m. Supervisor
Bradshaw delivered the invocation.
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Chairman Bradby called for Citizens Comments.
No one. appeared.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following applications for the Board's
consideration:
1. Application for a Conditional Use Permit by Leon S.
.Bunch, Jr., to continue the location of a mobile. home
for #wenty-four (24) months while completing the
construction of his residence on a total of 5.188 acres
of land located off of Sugar Hill Road (661) at 15358
Bro-gan Lane in Newport Magisterial District.
Mr. Caskey stated the original Conditional Use Permit was initially
approved by the Board in November of 1985 for a period of thirty-six
months and an extension was approved by the Board in July of 1989
allowing for an additional thirty-six months for placement of the mobile
home. Mr. Caskey further stated no. one appeared in opposition to the
application when the matter was considered by the .Planning Commission
and the Planning Commission voted unanimously. to recommend approval
for the period requested by the applicant with the condition that the mobile
home be removed from the property once the Certificate of Occupancy is
issued for the permanent.. dwelling.
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Supervisor Spady stated he was present at the Planning Commission
meeting and spoke with the applicant's father who had planned to help
with the construction of the home, but had been unable to as of yet, and
moved the Board approve the application of Leon S. Bunch, Jr. as
recommended by the Planning Commission. The motion passed
unanimously (5-0).
2. Application for a Conditional Use Permit by
Kenneth W. Bunch to continue the location of a
mobile home for thirty-six (36) months while
completing the construction of his residence on a
total of 3.438 acres of land located off of Sugar Hill
Road (661) at 15330 Bro-gan Lane in Newport
Magisterial District.
Mr. Caskey stated the initial Conditional Use Permit was approved by
the Board in April of .1986 for a period of thirty-six months while the
applicant initiated and completed construction of his permanent residence.
Mr. Caskey further stated the applicant was granted an extension in July of
1989 to allow for an additional thirty-six months and has again requested
thirty-six months as part of this application for completion of the home.
Mr. Caskey continued the County's Building Official has inspected the
property .and made the determination that the property is approximately
50% complete. Mr. Caskey con#inued the Planning Commission when
considering this request heard no opposition to the application and voted
unanimously to recommend approval for the period requested by the
applicant subject to the mobile home being removed immediately upon the
issuance of the Certificate of Occupancy for the permanent dwelling.
Supervisor Spady moved the Board approve the application of
Kenneth W. Bunch as recommended by the Planning Commission. The
motion passed unanimously (5-0).
3. Application for a Conditional Use Permit by G.
Thomas and Betty J. Alphin to locate a total of four
(4) mobile homes, three (3) of the mobile homes to
be occupied for no more than six (6) months out of
a year and one (1) mobile home to be occupied year
round, at the site of the Commonwealth Gin
Operation, Buckhorn Drive (Route 610), Windsor
Magisterial District.
Mr. Caskey stated included in the agenda are conditions proffered by
Mr. and Mrs. Alphin which pertain to the placement of the mobile home
and the occupancy of the units, specifically the applicant proposes that any
Conditional Use Permit issued for the three mobile homes will be used for
temporary seasonal workers. Mr. Caskey further stated the Board had
previously approved the permits for the placement and operation of the
cotton gin. on this same site and the placement of these mobile homes are
related to the housing of skilled workers for this proposed use. Mr. Caskey
continued the Board of Zoning Appeals at their meeting of June 1, 1992,
granted the applicants a variance to the zoning ordinance thereby allowing
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four mobile homes to be placed on the same piece of property. Mr. Caskey
stated at the time the matter was considered by the Planning Commission
there was no opposition presented by the public and the Planning
Commission did discuss the application relative to the ,fact that these
temporary workers would represent skilled workers required by the cotton
gin operation Mr. Caskey continued the Planning Commission also
discussed the precise placement of the mobile homes as well as the fact that
these units would be in a building envelope located in what has been
previously designated as a wooded buffer area and the applicant has
represented that there would be no trees removed in terms of the siting of
the mobile homes within the buffer area. Mr. Casket' stated the Planning
Commission voted unanimously to recommend approval of the application
subject to the conditions submitted by the applicant.
Supervisor Spady moved the Board approve .the application of G.
Thomas and Betty J. Alphin as recommended by the Planning Commission.
The motion passed unanimously (5-0).
4. Application for a Conditional Use Permit by John T.
Kelly, III, and Brenda D. Kelly, to occupy a mobile
home for thirty-six (36) months on 5.108 acres of
land located on the north side of Yellow Hammer
Road (Route 645) between Windsor Boulevard
(Route 460) and Fire Tower Road (Route 644), Hardy
Magisterial District.
Mr. Casket' stated no one appeared in opposition to the application
when the Planning Commission considered the matter and. the Planning
Commission voted unanimously to recommend approval of the application
to the Board for the period requested with the condition that the mobile
home be removed from the property once the Certificate of Occupancy is
issued for the permanent dwelling.
Supervisor Cofer moved the Board approve the application of john T.
Kelly, III and Brenda D. Kelly as recommended. by the Planning
Commission. The motion passed unanimously (5-0).
Mr. Casket' stated for the Board's information included in the agenda
is a Board report which references the recent publication by the Virginia
Department of Transportation and tl~e Commonwealth Board of its tentative
allocation of funds for Interstate, Primary, Urban and Secondary Highway
Systems which. is typically referred to as the Six-Year Improvement Plana
Mr. Casket' further stated there are several charts which delineate fiscal
year allocations for the Suffolk Transportation District in accordance .with
the various highway systems, to include a chart listing the allocation of:
secondary highway funds in the Suffolk Transportation District and a
summation of primary and urban projects in the County and/or the Town
of Smithfield which are contained in the Six-Year Improvement Plan. Mr.
Casket' reminded the. Board the secondary projects were reviewed by the
Board approximately two months ago with Mr. Neblett, Resident Engineer
with the Virginia Department of Transportation. Mr. Casket' reported the
Virginia Department of Transportation and the Commonwealth
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Transportation Board will be holding. final public hearings and will publish
a final representation of the Six-Year Plan budget in the near future.
County Attorney Crook questioned #5, connecting Routes 258 and 260,
and stated that he did not know of a Route 260 in the County.
County Administrator Standish replied this is the Route 58 Franklin
bypass connector which has been recently designated by the Virginia
Department of Transportation as the Route 260 connector.
County Attorney Crook questioned what #4, Traffic Management
System on the James T:iver Bridge, consisted of, i.e., is this a toll booth?
Mr. Caskey replied he would check with the Virginia Department of
Transportation, but he was confident this was .not a toll booth.
County Administrator Standish noted for the Board's information, the
funds which have been allocated do not meet the originally requested funds
by the Board.
County Administrator Standish also noted that the Metropolitan
Planning Organization (MPO) voted recently to allow the County to become
a full member of the MPO contingent upon final State and Federal sign off
which will allow the .County to participate in regional transportation
decision making.
Mr. Caskey stated in regards to the Count}~s national flood insurance
program which is administered locally in the form of amendments made to
the County's zoning ordinance, the County'"s enforcement program was
recently reviewed by the Bureau of Flood Plain Management and Division
of Soil and Water Conservation which is a process where every several
years they make an on-site inspection of the County and request copies of
documentation as to how the County is administering its flood plain
program. Mr. Casket' further stated the County has received excellent
remarks from the Division of Soil and Water Conservation Service who had
no recommendations for the County to change its current program.
Mr. Casket' stated the County has been recently advised by ADC that
the County's street name map is complete and on its way to the distribution
points in the County. Mr. Casket' then distributed advance copies of the
map to the Board.
County Administrator Standish noted to-the Board that the Chamber
of Commerce is purchasing 10,000 copies of the map for sale to the public
in addition to the 10,000 acquired by the County.
Mr. Casket' stated the Board was briefed previously that the County
is a recipient of an award by the Virginia Chapter of the American Planning
Association and that William Cashman with Langley and McDonald who
served on the awards committee was present to speak to the Board tonight.
William J. Cashman, Senior Associate with Langley and McDonald,
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presented the Board with the distinguished award and stated there were
three levels of award; honorable mention, .meritorious and distinguished.
Mr. Cashman further stated distinguished is the highest of the three levels
of award and it is presented to the County for the County's Comprehensive
Plan.
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated he had previously reported to the
Board on the proposed lease for the Health Department and, the problems
he had with it. County Attorney Crook further stated he has since prepared
a new lease which has been provided to the County Administrator,
although he did not know if the new lease had been presented to the land
owner for his consideration.
County Administrator Standish stated. the lease prepared by the
County Attorney has been. reviewed by the land owner and shared with his
legal counsel who has no problem with what is proposed by the County
Attorney. County Administrator Standish further stated the lease represents
1,500 square feet of office space across the street from the present Health
Department facility and proposes that the County lease the space and be
reimbursed from the State Health Department to relieve the overcrowded
conditions existing at the facility now.. r'ounty Administrator Standish
continued the Health Department needs to receive appropriate certification
on friable asbestos before proceeding with the matter.
County Attorney Crook advised the County needs to have the
certification that the building is free of the friable asbestos before finalizing
the lease, although the Board could approve .the lease subject to this.
County Attorney Crook also advised the date was not included in the lease
and this should be included in the document when it is approved.
Supervisor Cofer moved the Board approve the following proposed
lease subject to a friable asbestos certification:
This lease agreement is made and executed on the 18th day of June,
1992, between FRANKLIN EDWARD HALL, 405 Grace Street, Smithfield,
Isle of Wight County, Virginia 23430, herein referred to as "lessor", and the
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, Post
Office Box 80, .Isle of Wight, Virginia 23397, herein referred to as "lessee".
RECITALS
The parties recite and declare:
A. Lessor is the sole owner of the business premises described
below, having office space for lease in such premises.
B. Lessee desires to lease office space from lessor for the Isle of
Wight County Health Department.
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eon
C. The. parties desire to enter a lease agreement- defining their
respective rights, duties, and liabilities relating to the premises.
In consideration of the mutual covenants contained in this lease
agreement, the parties agree as follows:
SECTION ONE
DESCRIPTION OF PREMISES
A. Lessor leases to lessee 1500 square feet of office space of the
building known as Hallwood Business Center located at 401-405 Grace
Street, Town of Smithfield, County of Isle of Wight, State of Virginia, as
shown on the. diagram attached to this lease agreement. as Exhibit A.
B. Included in this lease of the aforesaid office space is the use of
so much of the parking lot as is needed by lessee for the use of said office
space as aforesaid including access to and from Grace Street without
limitation or restriction.
C. Included with the 1500 square feet of office space hereby leased
to lessee, lessee shall have unlimited access and use of the bathroom, hall,
closet, and storage facilities located in the rear southeast corner of said
building.
SECTION TWO
TERM
The term of this lease agreement shall be for three (3) years, to
commence on July 1,1992 and terminate on June 30,1995. Thereafter, until
written notice given sixty (60) days prior to the end of the current term, the
lease shall continue for additional one (1) year terms until such notice is
given.
SECTION THREE
RENTAL
A. Lessee shall pay One Thousand, Two Hundred Dollars
($1,200.00) per month for the term of this lease agreement, payable in
advance, due on the first day of each month for the succeeding month's
rental. Payments shall be made to lessor at the address specified above.
B. On lessee's failure to pay the rental on a timely d the llease
shall have the right to terminate this. lease agreement
agreement will thereupon be forfeited.
SECTION FOUR
RESTRICTIONS ON USE
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Lessee shall not use or permit the demised premises, or any part of
the demised premises, to be used for any purposes other than those set
forth in this lease agreement. Lessee shall neither permit on the demised
premises any act, sale, or storage that may be prohibited under standard
forms of fire insurance policies, .nor use the premises for any such purpose.
In addition, no use shall be made or permitted to be made that shall result
in (1) waste on the demised premises, (2) a public o.r private nuisance that
may disturb the quiet enjoyment of .other tenants in the building, (3)
improper, unlawful, or objectionable use, including sale,. storage, or
preparation, of food, alcoholic beverages, or materials generating an odor
on the premises,. or (4) noises or vibrations that may disturb other tenants.
Lessee shall comply with all governmental regulations and statutes affecting
the demised premises either now or in the future.
SECTION FIVE
TAXES
Lessor shall pay all real property taxes on the office building and
assessments imposed by the County of Isle of Wight- and/or Town of
Smithfield, State of Virginia.
SECTION SIX
ALTERATIONS AND MODIFICATIONS; REPAIRS
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A. Lessee has inspected the demised premises, and they are -now
in a tenantable and good condition.
B. Lessee shall take good care of the demised premises and shall
not alter, repair, or change the demised premises without the prior, express,
and written consent of lessor.
C. All alterations, improvements, and changes that lessee may
desire shall be done either by or under the direction of lessor, but at the
expense of lessee and shall become the property of lessor and remain on the
demised premises, except that at the option of lessor, lessee shall, at its
expense, remove from the demised premises all partitions, counters, railings,
and similarly installed improvements when surrendering the demised
premises.
D. All damage or injury done to the demised premises by lessee
shall be paid by lessee.
E. Lessee shall, at the termination of this lease agreement,
surrender the demised premises to lessor in as good condition and repair
as reasonable and proper use of the premises will permit.
F. Lessor shall be responsible for malting all routine repairs and for
performing. routine maintenance.
SECTION SEVEN
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MAINTENANCE AND MANAGEMENT OF COMMON AREAS
A. Lessor shall maintain the common areas in good condition at all
times. Lessor shall be required to maintain all structural elements of the
building and all mechanical systems in good condition and repair.
B. Common areas, as referred to in this lease agreement, shall mean
all of the building in which the demised premises are located, and related
land uses and facilities outside the demised premises and available to be
used in common by all tenants of the building.. Common areas include, but
are not limited to:
(1) The land upon which the building is located, sidewalks, loading
areas, parking areas and roads;
(2) The unexposed electrical, plumbing, and sewage systems upon
the property of which the demised premises is a part.
(3) Window frames, gutters, and down spouts on the building in
which .the demised premises. are located;
(4) Exterior brick surfaces, roof, and exterior window surfaces; and
(5) Lobbies, corridors, restrooms, and mechanical rooms in the
building.
SECTION EIGHT
LESSEE'S PROPERTY
Furnishings, trade fixtures, and equipment installed by lessee shall be
the property of lessee and may be removed by lessee at any time during the
. term of this lease agreement provided that lessee is not in default under this
lease agreement. On termination of this lease agreement, lessee shall
remove any such property. Lessee shall repair any damage to the demised
premises resulting from the installation or removal of such property.
SECTION NINE
CONDEMNATION
A condemnation of the entire building or a condemnation of the
portion. of the demised premises occupied by lessee shall result in a
termination of this lease agreement. Lessor shall receive the total of any
consequential damages awarded as a result of condemnation proceedings.
All future rent installments to be paid by lessee under this lease shall be
terminated.
SECTION TEN
ASSIGNMENT AND SUBLEASE
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A. Lessee shall not assign any rights or duties under this lease
agreement nor sublet the .demised premises or any part of the demised
premises, or allow any other person to occupy or use. the demised premises
without the prior, express, and written consent of lessor. A consent to one
assignment,. sublease, or occupation or use by any other person shall not be
a consent to any subsequent assignment, sublease, or occupation ox use by
another person. Any assignment or subletting without consent shall be
-void.
B. This lease agreement shall not be assignable, as to the. interest
of lessee, by operation of law, without the written consent of lessor.
C. Lessor shall not unreasonably withhold consent to an assignment
or sublease of the demised premises by lessee if lessee will provide
evidence of the financial responsibility of the intended assignee or
sublessee.
SECTION ELEVEN
BREACH OR DEFAULT
Lessee shall have breached this lease agreement and shall be
considered in default under this lease agreement if (1) lessee fails to pay
any rent when due and does not make the delinquent payment within five
(5) days after receipt of notice thereof from lessor, or (2) lessee fails to
perform or comply with any of the covenants or conditions of this lease
agreement and such failure continues for a period of thirty (30) days after
receipt of notice thereof from lessor.
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SECTION TWELVE
EFFECT OF BREACH
In the event of a breach of this lease agreement, lessor shall have the
right to cancel and terminate this lease agreement, as well as all of the right,
title, and interest of lessee under this lease agreement, by giving to lessee
not less than thirty (30) days' notice of the cancellation and termination.
SECTION THIRTEEN
SECURITY DEPOSIT
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Lessee shall deposit One Thousand,. Two Hundred Dollars ($1,200.00)
with lessor as security for return of the demised premises in proper
condition at the end of the lease term or on earlier termination and
forfeiture as provided in this lease .agreement. Lessor may transfer or
deliver the security to any bona fide purchaser of the real property in the
event that the property is sold. Lessor shall be discharged from any further
liability in reference to the security on giving written notice of that transfer
to lessee.
SECTION FOURTEEN
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HOLDING OVER
If lessee holds possession of the demised premises after the term of
this lease agreement, lessee shall become a tenant from month-to-month on
the terms specified- in this lease agreement, at a monthly rental of One
Thousand, Two Hundred Dollars ($1,200.00) per month payable monthly in
advance on the first day of each month. Lessee shall continue to be a
month-to-month tenant until the tenancy shall be terminated by lessor, or
until lessee has given to lessor a written notice at least one month prior to
the date of termination of the monthly tenancy of lessee's intention to
terminate the tenancy.
SECTION FIFTEEN
INSURANCE
Lessor shall adequately insure the building and all public or common
areas for fire, casualty, hazard and liability. Lessee shall be responsible for
insurance on personal property of lessee located within or on the said
property for the protection of lessee.
SECTION SIXTEEN
HEATING AND AIR CONDITIONING
Lessor shall maintain the heating, ventilating, and air conditioning
system servicing the building in which the demised premises are located.
SECTION SEVENTEEN
UTILITIES
Lessor and lessee acknowledge that utilities for the premises are
provided in common (except heat & telephone) with all other office units
in the building and are not metered separately.. During the term of this
lease, lessee. (leasing approximately 1 / 3 of building) shall be responsible for
paying 33% of the monthly expenses for water, sewer, and electricity
assessed to the office building and all other utilities, if any, to the demised
premises. Lessor shall provide lessee with a bill for 33% of the monthly
charges for water, sewer, and electricity for each and every month during
the term of this lease. Lessor shall make copies of the monthly utility bills
available to lessee for its inspection upon request. Lessee agrees to pay to
lessor its monthly utility bill within seven (7) days from receipt. Lessee '
shall be responsible for its own telephone service and heating expense
which is gas, separately metered to the 403 Grace Street section of said
Hallwood Business Center.
SECTION EIGHTEEN
LESSEE'S RIGHT TO USE COMMON AREAS
A. Lessor gives to lessee and lessee's employees, authorized
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representatives, and business invitees anon-exclusive right to reasonable
use and enjoyment of the common areas.
B. Lessee shall be entitled to parking in common with other tenants
and lessor upon such terms and conditions as may be established by lessor.
C. Lessee, at lessee's expense, shall provide signage, subject to
lessor's approval, for reserved parking spaces in ..front of the demised
premises.
SECTION NINETEEN
DAMAGE OR DESTRUCTION
A. In the event the demised premises are damaged by fire or other
cause, lessor, at lessor's. sole cost and expense, shall, as soon as reasonably
possible thereafter, commence repair, restoration, and reconstruction of the
demised premises and prosecute it diligently until completion. In the event
the damage to the demised premises or the building in which the demised
premises are located is of a nature that cannot be repaired, restored., or
reconstructed within thirty (30) .days of the date. of damage, or such longer
period as may be mutually agreed by the parties, and subject in any event
to force majeure, either party may cancel and terminate this lease agreement
by giving the other party notice in writing of its intention to cancel this
lease agreement no later than ten (10) days after the determination that the
repair will reduire more than thirty (30) days to complete, whereupon the
term of this lease agreement shall terminate upon the. tenth (10th) day after
such notice is given.
B. In the event of repair, reconstruction, and restoration by lessor
as provided in this section, the rental payable under .this lease agreement
shall be abated proportionately with the degree to which lessee's use of the
demised premises is impaired during.. the period of such repair,
reconstruction, or restoration, unless the damage or destruction was caused
by the negligent act or omission of lessee or lessee's agents, employees, or
invitees, in which event the provisions of this sentence shall not apply.
Lessee shall not be entitled to any compensation or damages for loss of the
use of the whole or any part of the demised premises or any injury or
interference with lessee's business and / or any inconvenience or annoyance
occasioned by such.. damage, repair, reconstruction, or restoration to the
demised premises, or the building in which the demised premises are
located, unless the damage or destruction was caused by lessor's negligence.
SECTION TWENTY
NOTICES
All notices under this lease agreement shall be in writing and shall be
effective when mailed by certified mail, return receipt requested, or when
delivered personally to lessor and lessee at their addresses set forth above,
or to such other addresses as may be designated by notice.
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SECTION TWENTY-ONE
ENTIRE AGREEMENT
This lease agreement shall constitute the entire agreement between the
parties. Any prior understanding or representation of any kind preceding
the date of this lease agreement shall not be binding upon either party
except to the extent incorporated in this lease agreement.
SECTION TWENTY-TWO
MODIFICATION OF AGREEMENT
Any modification. of this- lease agreement or additional obligation
assumed by either party in connection with this agreement shall be binding
only if evidenced in a writing signed by each party or an authorized
representative of each party.
SECTION TWENTY-THREE
SIGNS
Lessee may display signs and shingles upon the premises advertising
and giving notice of their location. with the prior written consent of the
lessor, which shall not be unreasonably withheld.
SECTION TWENTY-FOUR
COUNTERPARTS
This lease agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together
shall constitute but one and the same instrument.
The motion passed unanimously (5-0).
County Attorney Crook stated regarding correspondence sent to the
County Administrator from Jim Windsor relative to delinquent tax attorneys
pursuing collection of delinquent personal property taxes which have been
delinquent for two months or more, he had discussed the matter with the
County Administrator and advised he would need to review the statutes.
County Attorney Crook further stated he had since reviewed the statutes
because at one time tax collection attorneys could only collect real estate
taxes, but there is a statute now that authorizes the governing body to
appoint a collector or attorney to collect local taxes other than real estate.
County Attorney Crook continued. Bill Riddick and Jim Windsor are
proposing that they now collect personal property taxes as well as real-
estate taxes in situations where the personal property taxes are over $1,000
and leave it to the Treasurer to collect those under $1,000.
County Administrator Standish stated the letter from Jim Windsor also I
notes that both attorneys anticipate the costs involved to collect personal
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property would be similar to the costs involved in collecting delinquent real
estate which is presently costing the County approximately 12% of the
amount collected.
County Attorney Crook stated this would require a modification of
the current contract the County has with the delinquent tax collection
attorneys and that the County should seek input from the Treasurer before
pursuing the matter further.
Supervisor Edwards moved the Board table the matter until the July
2, 1992 meeting and ask the Treasurer to be present to provide his
comments on the matter. The motion passed unanimously (5-0).
CountyAttorney Crookstated included in the County Administrator's
section in the agenda was a letter from the Clerk of Circuit Court regarding
the General Assembly amending Section 14.1-133.2 of the Code of Virginia
to enable the locality to enact an ordinance imposing a fee of up to $2 on
civil cases. County Attorney Crook stated he has not received this statute
yet, although he has read. the publication on what the General Assembly
did and the County has such an ordinance for criminal and traffic cases
which was put in two years ago with aone-year limitation and the General
Assembly in 1991 removed the limitation and the ordinance was reenacted
last year. County Attorney Crook stated this was not on civil cases because
the State IZad not authorized it until now and that money is earmarked for
Courthouse construction, renovation and maintenance. County Attorney
Crook continued the Clerk of Circuit Court indicated that if the County had
such a fee last year, the County would have brought in $982 from the
Circuit Court, but if the County adopts the ordinance, it would include the
General District Court which has many more civil cases than in the. Circuit
Court which would result in much more money. County Attorney Crook
stated if the Board desired, when he received the statute, he would prepare
an amendment to the existing County ordinance to include civil cases which
would require a public hearing.
County Attorney Crook stated another matter brought up by the Clerk
of the Circuit Court is Section 58.1-1718 which allows a locality to impose
a probate tax and the County has never had this tax. County Attorney
Crook further stated a probate tax would be 1/3 of one cent on $100 which
is a matter the Board may wish to further consider.
County Attorney Crook stated he has had .recent conversations with
attorneys for the City. of Norfolk. concerning the expansion of the water
course through the County. County Attorney Crook explained the City of
Norfolk pumps water from Blackwater River and Nottoway River to a point
south of Windsor where it comes out of the underground pipes and flows
through a stream which in turns runs past property owners and goes under
Route 460 to Ennis Pond. County Attorney Crook further explained in the
past, the County has had complaints from these property owners regarding
flooding of these properties and he had suggested to the City attorney of
Norfolk that they take a look at expanding their right of way which would
mean buying .additional land from the landowners whose land they are
flooding. County Attorney Crook advised the Board they would be hearing
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from the. City of Norfolk because the right-of-way attorney had inquired
whether they needed to appear before the County for approval and he
advised they do need approval from the Board of Supervisors under the
statutes.
County Attorney Crook advised he had received a copy of the
agreement concerning the Windsor Fire Department property prepared by
the Windsor Town Attorney, but he would need to review the agreement
further with the Board before making any public statements.
//
Chairman Bradby called for the County Administrator's report.
County Administrator Standish stated included in the agenda is a bid
tabulation sheet illustrating bids received for cleaning services of County
facilities. County Administrator Standish further stated this is an annual
event and the same. bid process is used each year to select the cleaning
firms. County Administrator Standish continued he would like to speak
with the County Attorney regarding amulti-year contract so that the
County does not have to repetitively bid each year.
County Attorney Crook stated the County must comply with the
Procurement Act and should bid it for a specific period of time, whether it
is for one or two years. and have. a fixed price.
County Administrator Standish stated based upon the County
Attorney's comments, he would like to recommend that the County
consider re-biding this for amulti-year period and that the Board take no
action on the matter tonight.
County Administrator Standish stated he had spoken with William E.
Laine, Jr., Clerk of the Circuit Court who has expressed some concern about
removal of the existing sidewalk at the Sheriff's office. County
Administrator Standish further stated Mr. Laine has requested that the
sidewalk remain for his staff's access to the back of the building which
would constitute Change Order #3 dropping to $1,518 which would pay for
the driveway up to the back door to facilitate prisoner loading and
unloading. County Administrator Standish continued Change Order #4 was
presented today in the amount of $150 for the plaque for the building.
Supervisor Edwards requested County Administrator Standish to
investigate the possibility of regrading the area around the existing
sidewalk at the time the new parking lot is constructed.
Supervisor Cofer moved the Board approve Change Order #3 in the
amount of $1,518 for driveway work and Change Order #4 in the amount .
of $150 for the dedication plaque. The motion passed unanimously (5-0).
County Administrator Standish stated the school maintenance
building and the Poor House Farm have been sharing the same water
source and system located at the school maintenance facility. County
T~.
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Administrator Standish further stated the water system was never designed
for what it serves now and he would recommend that the Poor 1=louse Farm
cease using the school maintenance building's well and put in their own
well at a cost of $3,800 to include the well, tank and pump.
1
Supervisor Spady inquired what size well was now serving the school
maintenance facility.
County Administrator Standish replied he would further investigate
the matter and report back to the Board.
Supervisor Spady requested County Administrator Standish to further
investigate the matter to determine if a new motor can be put in the
existing well at the school maintenance building to serve both sites.
County Administrator Standish stated Goodman & Company, the
County's auditors, have recommended that the Board adopt an investment
policy and have proposed that for $3,600 they will analyze the .County's
financial situation and the investment procedures of the Treasurer and
report back to the Board with a recommendation that the Board could adopt
as a policy.
1
Supervisor Spady stated he would like for the matter to be tabled
until the. next meeting to allow him additional time to speak with the
Treasurer regarding his present investment procedures.
Supervisor Cofer moved the matter be tabled until the July 2, 1992
meeting of the Board. The motion passed unanimously (5-0).
County Administrator Standish stated for the Board's information,
$406,458 has been collected to date by the delinquent .tax collection
attorneys at a cost to the County of $49,168 which represents 12% of the
amount collected.
Supervisor Cofer moved the Board adopt the following resolution:
A RESOLUTION REQUESTING THE COMMISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE STALLION COURT
INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
1
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in Springfield
Downs Subdivision, Section I, Newport Magisterial District, Isle of Wight,
Virginia have been built in accordance with Secondary Road Policies, and
the Isle of Wight County Subdivision Ordinance relating to :acceptance of
streets into the State's Secondary Road System.
,.
NOW, THEREFORE, BE IT RESOLVED that the Commissioner of the
Virginia Department of Transportation is requested to include into the
Virginia Secondary Road System for maintenance the following described
streets in the Springfield Downs Subdivision.
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L Stallion Court: Beginning at a point on State Route 602, 0.14
miles north of its intersection with State Route .1420; thence
running in a westerly direction, 0.07 miles to a cul-de-sac.
Length:. 0.07 miles
Right of way: 50 feet
Total length: 0.07 miles
Unrestricted rights of way fifty (50) feet in width and additional right
of way for the cul-de-sacs, along with the necessary drainage easements
have been provided and are on record in the Office of the Clerk of the
Circuit Court at Isle of Wight County in Plat Book No. 13, Pages No. 352,
dated June 10, 1988 and is guaranteed.
The motion passed unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
A RESOLUTION REQUESTING THE COMMISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE HUNTINGTON WAY (ROUTE 1019)
EXTENDED AND BUCKINGHAM WAY INTO THE
VIRGINIA STATE SECONDARY ROAD .SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in Waterford
Oaks Subdivision, Newport Magisterial District, Isle of Wight, Virginia have
been built in accordance with Secondary Road Policies, and the Isle of
Wight County Subdivision Ordinance relating to acceptance of streets into
the State's Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED that the Commissioner of the
Virginia Department of Transportation is requested to include into the
Virginia Secondary Road System -for maintenance the following described
streets in the Waterford Oaks Subdivision.
L Huntington Way (Route 1019) Extended: Beginning at a point
at the intersection of State Route 1018 and State Route 1019 and
State Route 1019 which is 0.32 miles northeast of its intersection
with State Route 10; thence running in a southerly direction 0.09
miles to its intersection with Buckingham Way.
Length: 0.09 miles
Right of way: 50 feet
Total length: 0.09- miles
2. Buckingham -Way: Beginning at a point on Huntington Way,
0.09 miles. from its intersection with State Route 1018; thence
running in a northeasterly direction 0.31 miles to its intersection
with State Route 1020.
Length:
0.31 miles
1
1
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Right of way: 50 feet
Total length: 0.31 miles
1
Unrestricted rights of way fifty (50) feet in width and additional right
of way for the cul-de-sacs, along with the necessary drainage easements
have been provided and -are on record in the Office of the Clerk of the
Circuit Court at Isle of Wight County in Plat Book No. 14, Pages 7-13, Slide
387, dated May 8, 1990.
The motion passed unanimously (5-0).
County Administrator Standish presented an outline to the Board
summarizing payments to the City of Franklin under the annexation
agreement for revenue sharing.
Supervisor Bradshaw requested the Board to look ~t the matter very
closely before it is re-considered by the Board in the. future.
i~
County Attorney Crook explained this is a revenue sharing .agreement
that was negotiated and approved by the Commission of Local Government
and approved by the Circuit Court. County Attorney Crook stated the
County could have tried an annexation case and possibly lost all the
revenue in that area rather than 20%. County Attorney Crook continued
the County did not agree with the Commission because it was originally
agreed that it would be 15% rather t11an 20%, but the Commission did not
feel like Franklin was being adequately compensated for giving up their
annexation rights so the matter was renegotiated.
County Administrator Standish stated for the Board's information, the
Board had previously authorized .the Clerk of the Court to work with Helen
King on the development of her history book. County Administrator
Standish further stated Mrs. King has now spent ten years working on the
book and is currently in the process of editing and will be indexing the
book soon. County Administrator Standish continued the Clerk of the
Circuit Court will be appearing before the Board sometime after June 30,
1992 to speak about the cost of publication.
I/
Chairman Bradby called for Old Business.
There was no old business offered for discussion by the Board.
//
Chairman Bradby called for New Business.
There was no new business offered for discussion by the Board.
//
Chairman Bradby called for Appointments.
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County Attorney Crook advised the Agricultural/Forestal District
Advisory Council by statute is required to have four .persons engaged in
forestal/agriculture and four landowners not so engaged, the Commissioner
of Revenue and a member of the governing body. County Attorney Crook
further stated a member of the governing body is required by law and
needs to be replaced before the next agricultural/forestal application is
submitted.
Supervisor Cofer moved the Board appoint Supervisor. Spady to
replace Richard L. Turner as .the Board representative on the
Agricultural/Forestal District Advisory Council. The motion passed
unanimously (5-0).
Supervisor Edwards requested County staff check the term for
Supervisor Bradshaw on the Social Services Board.
Supervisor Cofer moved the Board reappoint Supervisor Spady to the
Hampton Roads Planning District Commission for an addi#ional two-year
term which will expire in June of 1994. The motion passed unanimously (5-
0).
Chairman Bradby moved the Board reappoint Alvin Wilson for an
additional five-year term on the Board of Zoning Appeals representing the
Hardy District which will expire in May of 1996. The motion passed
unanimously (5-0).
Supervisor Spady moved the Board reappoint W. G. Yeoman, III on
the Industrial Development Authority for an additional four-year term
which will expire in April of 1996. The motion passed unanimously (5-0).
Supervisor Cofer moved the Board reappoint Sandra Councill on the
Walter Cecil Rawls Library Board of Trustees for an additional four-year
term which will expire in July of 1996. The motion passed unanimously (5-
0).
Supervisor Edwards moved the Board reappoint Larry Willis for an
.additional four-year term on the Transportation Safety Committee
representing the Windsor District which will expire in March of 1996. The
motion passed unanimously (5-0).
Supervisor Edwards moved the Board reappoint Chairman Bradby to
the Southeastern Virginia Areawide Model Program, Inc., for an additional
four-year term which will. expire in May of 1996. The motion passed
unanimously (5-0).
//
Chairman Bradby called for approval of the May 21, 1992 minutes of
the Board.
Upon recommendation of County Attorney Crook, Supervisor Cofer
moved the Board adopt the May 21,1992 minutes of the Board. The motion
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passed unanimously (5-0).
//
County Attorney Crook requested an executive session under Section
2.1-344 A7 of -the Freedom of Information Act for consultation with counsel
and staff concerning acquisition and/or use of property for public purposes.
At 8:00 p.m., Supervisor Cofer moved the Board go into executive
session for the reason stated by County Attorney Crook. The motion
passed unanimously (5-0).
At 9:35 p.m., upon returning to open session, Supervisor Edwards
moved the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and in
accordance with .the provisions of-the Virginia Freedom of Information Act;
and,
WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive .meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from. open meeting requirements by
Virginia law were discussed in the executive meeting to which this.
certification resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were heard,
discussed or considered by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
Supervisor Spady moved that the County appropriate. for the Fair
Committee only $1,000 until the Board receives a more specific request from
them. The motion passed unanimously (5-0).
//
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BO
At 9:40 p.m., Supervisor Cofer moved the Board adjourn. The motion
passed unanimously (5-0).
___.
Henry H. radby, Chairman
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Standish, Clerk