08-21-1986 Regular MeetingAugust 7, 1986 Page 44
unanimously.
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Richard L. Turner, Chairman
W. B. Owen, rk
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE
TWENTY FIRST DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED EIGHTY SIX
PRESENT: Richard L. Turner, Chairman
C. Fred Bailey
Joel C. Bradshaw, Jr. (7:15 P.M,)
Thomas L. Ross, Vice Chairman
Also attending: H, Woodrow Crook, Jr,, County Attorney
W. B. Owen, County Administratoz
Terry D. Lewis, Planning Director
Juanita L. Byrum, Assistant County Administrator
Betty Scott, Secretary
Chairman Turner called the meeting to order at 7:07 P.M. and delivered
the invocation.
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The Chairman called for a public hearzng on °tAn Ordinance To Amend The
Ordinance Imposing Tax Levies For The Fiscal Year July 1, 1986 Through .June
30, 1987 Adopted June 26, 1986 By Reducing Tax On Real Estate From $0.55 To
$0.53 And Tax On Machinery And Tools From $0.86 To $0.85'".
County Administrator Owen informed the Board members the anticipated tax
from the Utility Tax Ordinance would generate approximately $200,000 and approxi-
mately $35,000 from the Utility Tax On Gross Receipts Ordinance for a total of
$235,000 per year. Mr. Owen continued stating there would be an adjustment in
real estate by $28,000, business professional and license tax (included in the
budget, but not adopted by the Board) $100,000 and septic tax permit fees (in-
eluded in the budget, but not adopted by the Board) $19,500 for a total of
$147,500. This will. net $87,500 which can be used to reduce tax rates as well
as using part of the undesignated balance, not to exceed $100,000, said Mr. Owen.
Supervisor Bailey expressed concern regarding the $1,000,000 surp]_us which.
was not shown. any place in the budget and stated that even though we have been
doing it that way for the past three years does not make it right. Mr. Bailey
feels the public should have known about the money.
On motion by Supervisor Ross, the Board voted unanimously to reduce tax
rate on real estate from 55~ to 52~ and tax rate on machinery and tools from
86~ to 84G.
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August 21, 1986
Page, 45
"AN ORDINANCE TO AMEND THE ORDINANCE IMPOSING TAX LEVIES FOR THE
FISCAL YEAR JULY 1, 1986 THROUGH JUNE 30, 1987 ADOPTED JUNE 26,
1986 BY REDUCING TAX ON REAL ESTATE AND ON MACHINERY AND TOOLS
BE IT AND IT IS HEREBY ORDADIIED BY THE BOARD OF STJPERVISORS
of the County of Isle of Wight, Virginia, that the ordinance to
impose tax levies for Isle of Wight County, Virginia,. for the
fiscal year July 1, 1986 through June 30, 1987 adopted June 26,
1986 be and the same is hereby amended as follows:
1. Amend paragraph (1) to read as follows:
(1) That there is hereby levied for the fiscal year begin-
ning July 1, 1986, a tax of $0.52 per one hundred dollars of
assessed valuation on all taxable real estate, .and all real. and
personal property of public service corporations in accordance
with Section 58.1-2606 of the Code of Virginia;.
2. Amend .paragraph (2) to read as follows:
(2) That there is hereby levied for the fiscal year begin-
ning July 1, 1986, a tax of $0.84 per one hundred dollars of
assessed valuation on machinery and tools used in,manufacturing,
mining, processing and re-processing. businesses as defined in
Section 58.1-3507 of the Code of Virginia..
Adopted this 21st day of August, 1986.
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Richard L. Turner, Chairman
Attest:
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W. B. Owen, lerk
Chairman Turner called for a public hearing on the following-rezoning
application:
The application of Harold A. Griffin, Jr. and Hendricks L.
Griffin, Sr. for a change in zoning classification from A-l,
Agricultural Limited., to R-A, Rural Residential, approximately
50 acres of land located on the north side of Route 1402 bet-
ween Route 10 and the Route 10 bypass. The purpose of the ap-
plication is for a rural residential subdivision.
No one appeared in favor or opposition. Supervisor Ross stated that ac-
cording to the Planning Commission report the applicant had. requested the
application. be withdrawn.
Ann Simpson Jones, attorney representing .the' applicants, stated a request
to withdraw the application was accepted and recommended by the Planning
Commission. at its meeting July 8, 1986.
Supervisor Ross moved the Board accept the Planning Commission's recom-
mendation and approve the withdrawal of the application of Harold A. Griffin,
Jr. and Hendricks L. Griffin, Sr. for a change in zoning classification from
A-l, Agricultural Limited, to R-A, Rural Residential, approximately 50 acres
of land located on the north side of Route 1402 between Route 10 and the
Route 10 bypass. The vote in favor was unanimous.
August 21, 1986 Page 46
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Supervisor Bradshaw arrived at the meeting at 7x15 P.M.
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Betty Hanlon, Smithfield resident and designer and contest winner of the
350th Anniversary Celebration logo, appeared and spoke in favor of adopting the
revised logo as the County seal. Mrs. Hanlon continued stating the present
seal, containing the plow, has been used for sometime in the County and never
has been officially adopted. She further stated she would like to see a seal
that depicts what our county is all about.
William E. Laine, Jr., Clerk of the Circuit Court and Chairman of the
350th Anniversary Celebration, spoke in favor of adopting a new logo saying it
is a good seal and more: accurately reflects the County and urged the Board to
adopt the seal. Mr. Laine further stated the Sheriff's Department has adopted
a variation of the seal for their shirt patches.
On motion of Supervisor Ross, the Board voted unanimously to adopt the
modified 350th Anniversary Celebration logo as the official County seal.
Grace Keen, President of the Isle of Wight. County Citizens Association, ap-
peared and asked the Board to support the proposed resolution to the Department
of Highways and Transportation relative to naming the James River Bridge and
erecting plaques at the foot giving a brief history of the bridge.
Following discussion,. Supervisor Bailey moved the Board support the re-
solution to the Department of Highways and Transportation relative to naming
the James River Bridge and erecting plaques at the foot giving a brief history
of the bridge. The motion passed unanimously.
Steve Wills, Isle of Wight resident, expressed .concern regarding the ex-
cessive noise at the newly constructed dog pound. Mr. Wills stated the noise
is so loud he cannot sleep at night if his windows are up and feels the other
nearby residents have the same problem. Mr. Wills also stated it is impossible
to carry on a conversation in his backyard due to the noise from the dog pound.
Mr. [dills further stated he feels it was an oversight the noise was not con-
sidered prior to erecting. the new pound and asked the Board's consideration.
in doing something to alleviate the noise.
Following discussion, Chairman Turner moved County Administrator Owen
discuss with Public Works Director, Donald Bernd, ways to prevent the excessive
noises at the dog pound and report back to the Board.
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Planning Director, Terry D, Lewis, presented the following subdivision
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August Zl, 1986 Page 47
plats for the Board's consideration:
1. Plat showing Lot 7 and Lot 8 of Jasper Holland and Ruth N.
Holland located on the north side of Route 644, in Hardy
Magisterial District.
No one appeared in favor or opposition. Planning Director Lewis stated
the property was rezoned R-A July 3, 1986 to permit the subdivision. Mr. Lewis
continued stating the plat has been reviewed and approved by the Department of
Highways and Transportation and the Health Department has no objection to its
approval. Supervisor Ross moved the Board concur with the Planning Commission's
recommendation and approve the plat showing subdivision of Lots 7 and 8 of
Jasper Holland and Ruth N. Holland located on the north side of Route 644, in
Hardy Magisterial District. The motion passed by unanimous vote of the Board.
2. Plat showing Parcel E of Odell S. Carr located off Route
638 in Hardy Magisterial District.
No one appeared in favor or opposition. The property was rezoned R-A
July 3, 1986 to permit the subdivision, said Mr. Lewis. Mr. Lewis stated the
plat has been reviewed and approved by the Department of Highways and Trans-
portation and the Health Department has no objections to its approval. The
Planning Commission voted to recommend .approval, said Mr. Lewis.. Supervisor
Bailey moved the Board approve the plat subdivision Parcel E of Ode11 S, Carr
located off Route 638 in Hardy Magisterial District. The motion passed un-
animously.
3. Plat showing Parcels A and B of James P. Cox, Jr. and Helen
Hart Cox located at the intersection of Routes 699 and 713.
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 has no
objections t.o its approval. The Planning Commission voted to recommend ap-
proval, stated Mr. Lewis. Supervisor Bradshaw moved the Board approve the plat
subdividing Parcels A and B of James P. Cox,. Jr, and Helen Hart Cox located at
the intersection of Routes 699 and 713 in Hardy Magisterial District. The vote
in favor was unanimous.
4. Plat showing Lots 1 and 2 of Dale E. Marlin and Helen K.
Marlin located on the north side of Route 619 in Windsor
Magisterial District.
No ,one appeared in favor or opposition. .The plat has been reviewed and ap-
proved by the Department. of Highways and Transportation and the Health Depart-
ment has no objection to its approval,. stated Mr. Lewis. Mr. Lewis continued
stating the Planning Commission recommended approval. Supervisor Bradshaw
moved the Board approve the plat subdividing Lots 1 and 2 ~~` the Dale E.
Marlin and Helen K. Marlin located on the north side of Route b19 in Windsor
August 21, 1986 Page 48
Magisterial District. The vote in favor was unanimous.
Supervisor Bailey moved the Board consider the remaining two subdivision
plats together since they are owned by the same per-son. The motion carried
unanimously.
5. Plat showing Parcel B of Rae G, Scott located on the west
side of Route 654 in Newport Magisterial District.
6. Plat showing Parcel C of Rae G. Scott located on the west
side of Route .654 in Newport Magisterial District.
No one appeared in favor or opposition. Planning Director Lewis stated
the plats have been reviewed and approved by the Department of Highways and
Transportation and the. Health Department has no objections to their approval.
The Planning Commission voted to recommend approval, said Mr. Lewis. Super-
visor Ross moved the Board approve the plats subdividing Parcels B and C of
Rae G. Scott located on the west side of Route 654 in Newport Magisterial
District. The motion carried unanimously.
Planning Director Lewis presented the Queen Anne's Court Townhouses pro-
ject plat, a 60 lot townhouse subdivision located at Benns Church, for the
Board's consideration. Mr. Lewis stated the site is zoned R-3 which permits
townhouses. Mr. Lewis further stated the plat has been reviewed by .the Depart-
ment of Highways and Transportation which relates that it will sign the plat and
will accept the roadways into the state system of highways following construct-
ion of the roads in accordance with road construction plans approved by the
Department. The Health Department and Water Control Board have reviewed the
proposed water system and sewerage treatment system plans and will approve them,
said Mr. Lewis.. Mr. Lewis continued stating the Smithfield Fire Department has.
reviewed the proposed water system plans which features a 15,000 gallon water
storage tank with a 4" gate valve fire pumper hose connection directly into the
tank. Six (6) inch' water mains are being provided with a yoke permitting in-
stallation of fire hydrants later. The fire department accepts the plans as
proposed but urges the County to at least require reasonably elevated tanks
for minimal pressure, said Mr. Lewis. .Also, Mr. Lewis stated the Public Ser-
vice Authority has reviewed and approved the water and sewerage treatment
systems plans and reached agreement with the developers for these systems to be
conveyed to the Authority for ownership, operation and maintenance. The Plan-
ning Commission voted to recommended approval, stated Mr. Lewis.
John R. Stallings, Smithfield Fire Department Chief, expressed concern
relative to the fire protection system being installed at Queen Anne's Court.
Mr. Stallings said a water line connected to fire hydrants in the complex will
August. 21, 1986
Page 49
be useless for firefighting because the tank the line connects to is inadequate.
Mr. Stallings and other firefighters feel the useless hydrants give subdivision
residents a false sense of security.
Following discussion, Chairman Turner moved the Board accept the Planning
Commission's recommendation and approve the Queen Anne's Court Townhouse plat
and heed the suggestions made by representatives of the fire department and
disucss same with the Health Department. The vote in favor was unanimous.
On motion of Supervisor Ross, the Board voted unanimously to approve the
Thomas Park.Bill Register in the amount of $9,029.97..
Planning Director Lewis brought to the Board's attention that several
mobile home park developers that are constructing .mobile home parks under the
prior mobile home park ordinance (adopted 1981) and they would like for the
County to issue permits for the placement of individual mobile homes without
first completing construction of all improvements within the mobile home park,
mainly complete construction of the mobile home park streets. The ordinance
essentially requires the Building Official issue a certificate of occupancy
.for the mobile home park upon completion of mobile home park construction prior
to issuing permits for individual units. At this time the administrative staff
agrees that individual mobile home permits could be issued for incomplete mobile
home parks if the Board of Supervisors would allow the developers to post a
bond guaranteeting completion of construction of the park, County Attorney
Crook opined that the mobile home parks may be developed in sections like sub-
divisions where the streets, water and sewerage systems were designed separately
for the sections in such a manner that a section could be developed inde-
pendently of other sections. He said the development plans would. have to be
reviewed to determine if this means development of the park were feasible,
Also, Mr, Crook suggested that a bond could be posted for the streets and im-
provements for each section.
Ann Simpson Jones, attorney representing Blair Creek Landing Mobile Home
Park, and Al Jones, attorney representing Twin Pond Mobile Home Park,. appeared
and asked the Board to concur with the staff recommendation permitting the place-
ment of individual mobile homes within their respective projects prior to full
completion of the park.. Mr, and Mrs, Jones cited examples of financial hard-
ships that it would cause the developer to have to complete the project before
such permits are issued and secondly it was not their understanding that the
ordinance required full completion before individual mobile homes could be
placed.
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August 21, 1986
Page 50
Supervisor Bradshaw moved the Board approve permitting bonds to be posted
with the County in the amount of the cost plus 25% of all incomplete work as
determined by .the developer, The motion passed with Supervisors toss and
Bradshaw voting aye, Chairman Turner voting nay and Supervisor Bailey abstain-
ing.
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At 9:00 P.M. Chairman Turner moved the Board recess for ten minutes,
which passed unanimously. The Board reconvened at 9:13 P.M.
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Planning Director Lewis presented to the Board a report summarizing a
dispute between the developer of the Twin Pond Mobile Home Park, Newman Beale,
and adjacent property owners., Mr. and Mrs. Autry Bz~aswell, concerning a drain-
age ditch located along their mutual property. line.
"August 21, 1986
MEMORANDUM T0: Board of Supervisors
FROM: Terry D. Lewis, Planning Director
SUBJECT: Twin Pond Mobile Home Park (Newman Beale) ditch adjacent
to Mrs. Shirley Braswell
To date I have had approximately 15 conversations with Mrs.
Braswell regarding :the drainage ditch constructed to serve the
Twin Pond Mobile Home Park adjacent to the property. Mrs. Bras-
well initially voiced concerns about the proximity and depth of
the ditch relative to her property and the danger she believes
it posed to guest or occupants of her property and the appearance
of the ditch. She wanted a fence to be erected by the developer
to screen the ditch from view and to keep people from accidently
falling into the ditch. In her-latest discussion, Friday, August
15, 1986, Mrs. Braswell relates that she will .only be satisfied
if the ditch is relocated far enough away from her property to
allow the planting and maintenance of a tree buffer as provided
on the park's development plans approved by the county.
Also to date, I have had more than z dozen conversations with
the developer, Mr. Beale, regarding Mrs. Braswell`s concern and.
the fact that there. is insufficient space between the ditch and
Mrs. Braswell's property to plant trees as specified on his
development plans. He has been advised initially about Mrs.
Braswell's desire that a fence be erected screening the ditch
from her property and lately about Mrs. Braswell`s desire that
the ditch be relocated. He has also been advised that he must
submit revised plans to the county for approval showing a different
type buffer. screening since there is insufficient room to plant
and maintain the trees initially proposed. Mr. Beale has finally
conceded to erect a fence,
The ditch appears to be constructed in accordance with the
plans as shown in typical ditch cross-section "cc", although it
is arguable whether it should be located closer to the proposed
road. The ditch begins with a depth of 6" to 8" near the front-
line of Mrs. Braswell and is graded to a depth of approximately
24" by the time it reaches a garage on rfrs. Braswell's property
that is located very close to the property line."
August 21, 1986
Page 51
Al Jones, attorney representing Newman Beale, appeared and stated that
his client was in compliance with. the County Ordinance and was developing the
park in accordance with the development plan approved by the County. He
further stated Mr. Beale had already partially filled in the ditch in hopes
of resolving some of Mrs. Braswell`s concerns and there was sufficient roam
for Mr. Beale to plant trees as originally proposed. However, in light of
Mrs. Braswell`s continuing concern, Mr, Beale is willing to erect a fence
that will completely block the view of the ditch and mobile home park.
Mr, and Mrs. Braswell appeared before the Board and related their con-
cerns about the ditch particularly regarding the danger they felt to people
visiting their home. Mrs. Braswell indicated that she had been seeking relief
from the problem through the Planning Department, but had not received any re-
spouse as yet, and therefore, would appreciate anything the Board could do
to have Mr. Beale. move the ditch further away from her property.
On motion of .Supervisor Bradshaw, the Board voted unanimously to permit
the development plans to be amended to provide a fence. along the side :and
rear property line of the property of Mr, and Mrs. Braswell adjacent to the
mobile home park instead of a tree buffer provided plans showing the proposed
type of fence and installation is submitted to the Board for approval.
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County Administrator Owen informed the Board the Build and Grounds Com-
mittee and he had met with .Dave Bugin, of Talbot & Associates, and reviewed
the plans for the proposed Courthouse addition. Mr. Bugin displayed the pxo-
posed changes as requested by the Commissioner of Revenue and Treasurer re-
lative to the cabinetary and work stations. Following discussion, Mr. Bugin
asked the Board`s approval to advertise for bids for the new addition. On
motion of Supervisor Ross, the Board voted unanimously to authorize Talbot &
Associates to advertise for bids for the Courthouse addition.
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County Administrator Owen .advised the Board members the Sports Authority
had recommended each jurisdiction hold a public hearing to seek support from
citizens in the County on the bond issue regarding the development of the
proposed super speedway in Isle of Wight County. Mr. Owen recommended the
public hearing be advised for September 4, 1986 beginning at 7:30 P.M. in the
Board of Supervisors Room. On motion of Supervisor Bailey, the Board voted
unanimously to advertise a public hearing on September 4, 1986 at 7.30 P.M.
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August 21, 1.9:86
Page 52
to seek suppax`t from citizens in the county on the bond issue regarding the
development of the proposed super speedway in Isle Qf Wight County.
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At 10,35 P.M~ Supervisor Ross moved to_ continue the meeting until
7:00 P.M, .Monday, Auugust.-: 25, 1986, The vote in favor was unanimous,.
c
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Richard L. Turner, hairman
W. Owen, Clerk
CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS .HELD THE
TWENTY FIFTH DAY OF AUGUST IN THE YEAR NINETEEN ~IUN'DRED EIGHTY SIX
PRESENT: Richard L. Turner, Chairman
C. Fred Bailey
Joel C. Bradshaw, Jr.
Thomas L. Ross, Vice Chairman
Also attending: H. Woodrow Crook, Jr., County Attorney
W. B. Owen,. County Administrator
Juanita L. Byrum, Assistant County Administrator
Betty Scott, Secretary
Chairman Turner called the meeting to order at 7:25 P.M. The invocat-
ion was delivered by Supervisor Bradshaw.
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The Chairman stated the Paul Sawyer Family and attorney were present,
along with Ronald H. Pack, Chairman of the Hampton Roads Sports Authority
and moved the agenda be amended to discuss the proposed speedway lease
agreement first. The motion passed unanimously.
Mr. Pack said the talks between the Sawyers and the Supervisors, the
first direct negotiations between the groups, came after several days of
negotiations between. the Sawyers and the Executive Board of the Regional
Sports Authority. He continued stating the City Managers and County Ad-
ministrator of jurisdictions who make up the Sports Authority will be
given their first look Wednesday at a lease agreement for the track. Mr.
Pack stated he was not at liberty to give any details of the pact which
was negotiated Monday afternoon and he doubted a copy of the lease would
ever be made public.
Edward Russell, attorney for the Paul Sawyer Family, advised the Board
members the racing promoters would like a period of several years at the
start of the contract when no payment would be made because the Sawyers
need about $7 milliongross annually to be profitable and. the two races