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