07-02-1992 Regular MeetingTt
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SECOND DAY OF JULY IN THB YEAR
NINETEEN HUNDRED AND NINETY TWO
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr.
Malrnlm 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
Hilda W. Harmon, Director of Budget do Finance.
Carey H. Mills, Assistant Clerk
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Absent: Steven W. Edwards, Vice Chairman
Chairman, Bradby called the meeting to order at 2:00 p.m. Supervisor I
Spady delivered the invocation.
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Chairman Bradby called for Transportation Matters.
Don .Roberts, Maintenance Manager with the Virginia Department of
..Transportation advised .the bridge replacement has been completed on '
Route 620 over Velines Swamp,. although the road will-not be open until the
pavement has been completed. Mr. Roberts further advised this should be
accomplished by the middle of August. Mr. Roberts stated the five laneing
of Route 10 has begun in the Town of Smithfield which should be
completed in June of 1993 and the project on Route 600, Oliver Drive, will k'
be shown to contractors on Monday. Mr. Roberts noted this should be a
ninety-day construction project.
Chairman Bradby called for comments from the Board. {
ontact I
Supervisors Spady requested Mr. Roberts to have Mr. Neblett c
him upon his return to work.
Supervisor -Cofer requested VDOT to investigate the possibility of
negotiating with landowners near Waterworks Road to remove some of the
corn rows blocking the view of traffic. Supervisor Cofer also requested
VDOT to further consider mowing along median strips to allow better sight ° I
• conditions while driving.
Mr. Roberts stated limited mowing along the highways is now a State-
wide policy, although any area that is a cross-over or intersection will be
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mowed back a sufficient distance. .
Chairman Bradby stated a citizen has approached. him with a concern
regarding Routes 709 and 258.
Mr. Roberts stated the grass would be kept mowed back as far as
possible and VDOT would work with the farmer tending this particular
piece of land and ask him if he would make some type of compensation.
Chairman Bradby called for citizens with. highway matters.
No one appeared.
County Administrator Standish stated there were two matters for
action by the Board regarding transportation issues, the first being to set a
public hearing on the 1992-93 Secondary Highway Construction budget.
Supervisor Spady moved the Board authorize County staff to
advertise the matter for public hearing on August 6, 1992. The motion
passed unanimously (4-0).
Supervisor Cofer moved the Board adopt the following resolution:
A RESOLUTION REQUESTING THE COM1vIISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE DEER SPRING LANE AND
PLANTATION LANE (ROUTE 1414 EXTENDED)
INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that the following streets in
Wrenn's Mill Subdivision, Section II, Hardy 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 Wrenn's Mill Subdivision, Section II.
1. Deer Spring Lane: Beginning at a point on Plantation Lane, 0.22
miles southwest from its intersection with State Route 1411;
thence running in a westerly direction 0.23 miles to a
turnaround.
Length: 0.23 miles
Right of way:. 50 feet
Total length: 0.23 miles
2. Plantation Lane (Route 1414 Extended): Beginning at a point on
State Route 1414, 0.06 miles southwest from its intersection with
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State Route 10; thence running in a southwesterly direction 0.22
miles to a turnaround.
Length: 0.22 miles
Right of way: 50 feet
Total length: 0.22 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, Page 307, Slide
360, dated March 2, 1988.
The motion passed unanimously (4-0).
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Chairman Bradby called for a public hearing on the following
resolution:
Resolution Re uestin Referendum to Change Selection of
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School Board Members from School Board Selection
Commission to Board of Supervisors I
n Bradb called for citizens to s eak iri favor.. I
Cha~rma y p
Allen Bradby of the Hardy District speaking in favor stated all citizens
of the County should be afforded the opportunity to participate in the
government, including the right. to choose School Board members.
David Olsen of Rushmere stated citizens presently have no recourse
as taxpayers and urged the Board to adopt the resolution.
esident of the Isle of Wi ht Citizens Association,
Grace Keen, Pr g
speaking in favor stated the Association believes that. when the governing
body appoints these members it brings the School Board closer to the
people. I
County Administrator Standish noted two letters were received today
in support of the Board adopting. the resolution, one from a Mr. Johnston
and the other name is not legible.
Chairman Bradby moved the Board .adopt the following resolution:
-~ ~ RESOLUTION REQUESTING REFERENDUM TO CHANGE
SELECTION OF SCHOOL BOARD MEMBERS FROM '
SCHOOL BOARD SELECTION COMMISSION TO
BOARD OF SUPERVISORS
WHEREAS, members of the School Board of Isle of Wight County. are I
.presently appointed by the School Board Selection Commission appointed
by the Circuit court pursuant to Section 22.1-35 of the Cade of Virginia;
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and, •
WHEREAS, the General Assembly of Virginia has provided an
alternate method of selecting school boards in school divisions comprised
of a single county by an Act or Acts embodied in Section 22.1-42 of the
Code of Virginia of 1950, as amended, by providing therein that the Board
of Supervisors of Isle•of Wight County may cause to be passed a resolution
requesting that a referendum be held by the voters of the County on the
question of changing the method of selection of members which, if passed,
would abolish the School Board Selection Commission and authorize the
School Board be appointed by the governing body of the County; and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
is advised that there is substantial interest in the County of Isle of Wight for
a change in the method of the selection of School -Board members from
appointment by the School Board Selection Commission to appointment by
the Board of Supervisors.
WHEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of Isle of Wight County, Virginia that a public hearing was
held by said Board on July 2, 1992 at 2:00 p.m. on the question whether the
Board of Supervisors should request that a referendum be held in the
County of Isle of Wight on the question of changing the method of selection
of members. of the County School Board from the School Board Selection
Commission to the Board of Supervisors. and said Board of Supervisors does
hereby request the Circuit Court of Isle of Wight County, Virginia, pursuant
to Section 22.1-42 of the Code of Virginia, that the Circuit Court order a
referendum to beheld on the question of changing the method of selection
of members of the County School Board at the next general election to be
held in November, 1992 in the County of Isle of Wight. •
The question to be presented on the ballots in the referendum is:
"Shall the present method of selecting the members of the
county school board be changed from appointment by the
School Board Selection Commission to appointment by the
governing body of the county?
Yes
No
And the Clerk of this Board is directed to file this resolution with the
Circuit Court of Isle of Wight County, Virginia Immediately upon adoption
of same. .
The motion passed unanimously (40).
Chairman Bradby called for a public hearing. Qn the following
ordinances:
1. Ordinance to Partially Exempt from Local Taxation
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' Certified Solar Energy Equipment, Facilities or
Devices and Certified Rerycling Equipment,
Facilities or Devices
Chairman Bradby called for citizens to speak in favor.
No one appeared..
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
• Chairman Bradby called for comments by the Board.
County Attorney Crook noted for the Board's information, the
ordinance was advertised at 50% exemption.
Supervisor Cofer stated there may be a potential opportunity for new
industries in the recycling area to relocate to the County and moved the
Board adopt the following ordinance:
AN ORDINANCE TO PARTIALLY EXEMPT FROM
LOCAI. TAXATION CERTIFIED SOLAR ENERGY EQUIPMENT,
FACILITIES OR DEVICES AND CERTIFIED RECYCLING i
EQUIPMENT, FACILITIES OiZ DEVICES
WHEREAS, the General Assembly of Virginia, by an Act embodied in
Section 58.1-3661 of the Code of Virginia of 1950, as amended, has declared
certified solar energy equipment, facilities or devices and certified recycling
equipment, facilities or devices as a separate lass of property constituting
a classification for local taxation separate from othec classifications of real
or personal property; and,
WHEREAS, the General Assembly by said. Act has authorized the
governing body. of any county by ordinance to exempt or partially exempt
such property from local taxation; and,
WHEREAS, in order to encourage the installation and use of certified ~
.solar energy equipment, facilities or devices and certified recycling
equipment, facilities or devices for the purposes of conserving energy and
improving the environment, the -Board of Supervisors of Isle. of Wight
County deems it in the best- interests of the citizens of the County of Isle of
Wight to grant partial exemption of such property from local taxation.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of the County of Isle of Wight, Virginia that certified '
solar energy equipment, facilities or devices and certified rerycling .
equipment, facilities or devices as defined in Title 58.1, Chapter 36, Article.
5, Sections 58.1-3660 et seq., of the Code of Virginia, are declared to be a i
separate class of property and shall constitute a classification for local
taxation separate from other classifications of real property or personal
property.
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The Board "of Supervisors of Isle of Wight County, Virginia hereby
partially exempts said property from local taxation in the following manner.
upon receipt of the certificate from the local building department or the
Department of Waste Management, the Commissioner of Revenue shall
proceed to determine the value of such qualifying solar energy equipment, .
facilities or devices or certified recycling equipment, facilities or devices.
The exemption provided by this ordinance shalt be determined by applying
the local tax rate to the value of such equipment, facilities or devices and
subtracting fifty percent (50%) of such amount, from the total real property
tax due on the. real property to which such equipment, facilities or devices
are attached, The exemption shall be first effective when such-real estate
is first assessed, but not prior to the-date of such application for exemption.
It shall be presumed for purposes of the administration of this
ordinance, and for other purposes, that the value of such qualifying solar
energy equipment, facilities or devices is not less than the normal cost of
purchasing and installing such equipment, facilities or devices. ,
The motion passed unanimously (4-0).
2. Ordinance to Vacate Recreation Area from Lot 10,
Subdivision Plat of Littleton Estates Section Three,
Dated March 15, 1979 and Recorded in the Clerk's •
Office for the Circuit Court of Isle of Wight County,
.Virginia, on July 20, 1979
Chairman Bradby called for citizens to speak in favor.
William Riddick, attorney for the owners and developers of Littleton
Estates appeared. Mr. Riddick stated the owners are requesting that this
required use as a recreation area be vacated and it is their intent to sell the ,
property as a residential building lot which would still be subject to the
restrictive covenants that are imposed on all lots within the subdivision.
Mr. Riddick also stated it is believed that the lot, if vacated, would be more
carefully maintained if it were developed as a .building .lot rather than
remaining vacant.
Brian Braddish, a lot owner in Littleton Estates, stated he was in favor
of the vacation, although he would like a condition added to the ordinance
to require that this lot would not be sub-divided in the future.
County Attorney Crook stated the Board could not attach conditions
to the ordinance and that if the lot met the subdivision requirements, it
could be sub-divided, although he did not believe the tot met such
requirements.
Jim Rodgers, adjacent landowner to the lot owner of two lots in the
subdivision spoke in favor of the adoption of the ordinance.
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Eli Haleck, a lot owner in the subdivision spoke in favor of the
adoption of the ordinance.
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Supervisor Cofer moved. the Board adopt the following ordinance:
AN ORDINANCE TO VACATE RECREATION AREA
FROM LOT 10, SUBDIVISLON PLAT OF LITTLETON ESTATES
SECTION THREE, DATED MARCH 15, 1979 AND
RECORDED IN THE CLERK'S OFFICE FOR THE CIRCUIT COURT
. OF ISLE OF WIGHT COUNTY, VIRGINIA ON JULY 20, 1979
WHEREAS, the subdivision plat entitled "LITTLETON ESTATES,
SECTION THREE, BEING LOCATED AT STATE ROUTE 626,: HARDY
DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA, MARCH 15,1979, S. J.
GLASS AND ASSOCIATES, ENGINEERING SERVICES --- HAMPTON,
VIRGINIA", was approved by the County of Isle of Wight on July 18, 1979 .
and recorded in the Clerk's Office of the Circuit Court of Isle of Wight
County, Virginia on July 20, 1979; and,
WHEREAS, at the time of the approval of said subdivision plat by the
Board of Supervisors of Isle of Wight County, Virginia, .the Subdivision
.Ordinance- of Isle of .Wight County, Virginia, in Section 4-4-13 thereof,
required all subdivisions of ten acres or more to have at least five percent ~
of the total area reserved for parks, playgrounds, and recreational purposes
and Lot 10 of said subdivision-plat, consisting of 2.37 acres, more or less,
was "RESERVED POR RECREATION AREA" in accordance. with said
subdivision ordinance; and, f
WHEREAS, .the developers and owners of Littleton Estates I
Subdivision, Lot 10, by their attorney, have requested the Board of
Supervisors to vacate from said subdivision plat the language "RESERVED
FOR RECREATION AREA 2.37 ~1C. +/-" so that said land may be ~
• developed and used for residential purposes; and,
WHEREAS, the requirement for recreational area to be set aside in
subdivisions of ten acres or more was repealed by the.Board of Supervisors
- of Isle of Wight County on or about December'17, 1981; and,
WHEREAS, the General Assembly of Virginia has authorized ~
governing bodies of counties or municipalities to .vacate a .plat or part
thereof by ordinance upon application of any interested person after giving
notice as required by Section 15.1-431 of the Code of Virginia; and,
WHEREAS, the governing body has, .pursuant to Sections 15.1-482 and
15.1-431 of the Code of Virginia, given notice of a public hearing of said
governing body. for the adoption of the vacation of said portion. of said plat
and, after hearing from interested persons and the public in general, the
Board of Supervisors of Isle of Wight County is of the opinion that the
language on said plat to be .vacated serves no useful purpose and that the
citizens of the County as well as the subdivision in question .would be
.better served by a vacation of said. portiomof said plat and removal. of said
restriction thereon..
NOW, BE IT AND IT IS HEREBY ORDAINED by the Board. of
.Supervisors of Isle of Wight County, Virginia that the language "RESERVED
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FOR RECREATION AREA" on the subdivision plat of Littleton Estates, Lot
10, Section Three, dated March 15,1974 and recorded in the Clerk's Office
aforesaid on July 20, 1979 be and the same is hereby vacated and removed
from said plat and said plat shall no longer be reserved for recreational area
under the Subdivision Ordinance of Isle of Wight County, Virginia, said
Section 4-4-13 thereof which required such reservation having been repealed
by the Board of Supervisors on December 17, 1981 and no longer in effect.
The motion passed unanimously (4-0).
. Chairman Bradby called for a public hearing on the following
rezonings: .
1. The application of Bailey Enterprises, Inc. for a
change in zoning classification from B-1, Business.
General to C-M-1, Conditional Industrial Limited,
.33 acre of land .located on the east side of
Courthouse Highway (Route 258) at its intersection
with North Court Street (Route 610) in Windsor
Magisterial District. The purpose of the application
i for mini-storage warehousing
Chairman Bradby called for citizens to speak in favor.
Bobby )ones, one owner of the property, spoke on behalf of the
applicants.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for commentsby the Board.
Supervisor Spady stated the application was recommended by the.
Planning Commission and moved the Board approve the application. The
motion passed unanimously (4-0).
2. The application of J. Carlton and Elaine B. Butler for
a change in zoning classification from C-Bl,
Conditional Business General to A-1, Agricultural ,
Limited, .87 acre of land located on the north side of
Carrsville Highway (Route 58), between Walters
Highway (Route. 258) and Beaverdam Road (Route
630) in Windsor Magisterial District
Chairman Bradby called. for citizens to speak in favor.
Elaine Butler spoke on behalf of the applicants.
Chairman Bradby called for citizens to speak in opposition
No one appeared.
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Chairman Bradby called for comments by the Board.
Supervisor Cofer moved the .Board approve the application. The
motion passed unanimously (4-O).
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Chairman Bradby called for Citizens Comments.
Grace Keen requested the status of the placement of mailboxes on the
same side of the road as elderly residents.
County Attorney Crook requested Mrs. Keen to provide him with a
list of names of affected elderly citizens and stated he -had reported
previously to the Board the information he received from the Postmaster f
which was that the matter would be handled on a case-by-case basis.
.Grace Keen requested the status of the tax relief for the elderly
citizens with an income of $6,000 or less in the County.
Supervisor Spady stated the County did have some tax relief for the i
elderly which is deferred rather than exemptedand requested Mrs. Keen to
meet with him to discuss her views.
Supervisor Cofer added that the County should first determine what
the impact of such will be on the County and that this can be accomplished
in the summer when the County receives the census data.
Grace Keen requested the. status of changing. the form of County a
government which allows one Board of Supervisors' member to be elected
at large in the County.
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County Attorney Crook stated he would review the matter.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following application for the Board's I
consideration:
The application of Garnetk Oil Company, Inc., owner, and
Centel Cellular Company of Virginia, prospective owner, for a
Conditional Use Permit to locate an unmanned equipment
building twelve (12) feet by twenty-eight (28) Eeet in size and a I
400' cellular telephone communications tower on 4.337 acres of
land located ofE the north side of Slant Drive (Route 670) in
Newport Magisterial District i
Mr. Caskey stated Centel Cellular Company has requested in writing
that the application be withdrawn.
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Supervisor Spady moved the .Board accept the request of Centel
Cellular to withdraw the application.. The motion passed unanimously (4
0).
Mr. Caskey stated the Board was provided at the previous meeting a
report on projects within the County included in. VDOT's Six-Year
Improvements Plan program and a question was raised regarding Route 17
and the installation of traffic management systems at the. James River
bridge. Mr. Caskey further stated he has discussed the matter with the
Resident Engineer who has advised that this is a project which represents
advanced warning signs which could. move to either side of the bridge's
structure. Mr. Caskey continued VDOT intends to advertise construction
and installation of these signs in July of 1994.
Mr. Caskey stated before ..the Board. is a report regarding
correspondence and concerns directed to the County Administrator in
reference to Laurelwood Drive which is a private roadway located in the
Laurel Subdivision located just off Route 17 in the Newport District. Mr.
Caskey stated the report is self explanatory and speaks to the issue which
originally appeared in 1988. Mr. Caskey further stated a copy of the report
would be provided to the Resident Engineer and it may be appropriate for
him to speak on the matter at the next meeting he is in attendance.
Supervisor Spady stated. he has had several calls concerning the
matter and had therefore requested this information so that he could
respond. to the citizens' concerns.
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Chairman Bradby called for the County Attorney' report..
County Attorney Crook advised the Board that the General Assembly
had amended the statute authorizing administrative fees for collection of
delinquent local taxes to increase the fees from $10.00 to $20.00 for
collection subsequent to issuance of .warrant and from $15.00 to $25.00 for
collection subsequent to judgement. Mr. Crook stated he had prepared an
amendment to the County ordinance to increase the. fees accordingly and
had requested publication in the local papers for public hearing on August
6, 1992. He stated he believed he had sent copies of .the correspondence
and notice to the Board members. He stated he .needed the Board to
authorize the public hearing by motion.
Supervisor .Spady moved the Board advertise the ordinance
amendment for public hearing for August 6,' 1992. The motion passed
unanimously (4-O).
County Attorney Crook advised the Board that the J. C. Pallet
Company is now. substantially in compliance with its conditions of the
conditional zoning, including moving the dumpsters from outside the fence.
He referred tv Mr. Caskey for results of staff inspection.
Mr. Caskey advised all. of the improvement work to the rear of the
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property is complete and in compliance with. the land disturbing permit
issued by the County. Mr. Caskey further advised regarding the storage of
the pallets, there continue to be storage. bins up front and miscellaneous
pieces of pallets in the front area of the fence line. Mr. Caskey stated he has .
instructed the Codes Enforcement Officer to inspect the property again the
day before the next Planning Commission meeting so that he could report
to the Planning Commission on any progress or if the property is not
remaining in compliance.
County Attorney Crook stated he would like to be able to respond to
the applicant's attorney to advise him, that the matter has been brought to
the Board's attention and perhaps with a punch list from Mr. Caskey, the
matter could be resolved.
County Attorney Crook stated as discussed with the Board at their
previous meeting, he has prepared an amendment to the ordinance to add
the $2 fee as court costs in all civil. cases in the Circuit and District courts
of the County. County Attorney Crook warned this money must be
earmarked for courthouse construction and` maintenance only.
Suprrvi~ur Cofer moved the l3oard authorize advertisement for a
public hearing of the ordinance amendment for the August 6,1992 meeting. .
The motion passed unanimously (~-U).
County Attorney Crook stated he had a request from the County I
Administrator and. subsequently he had direction from the Board
concerning preparation of deeds for transfer of water systems from the
County. to the .Public Service Authority of the Smithfield I-Iish School water
line and of the Cypress Creek, Gatling Pointe and Hidden Acres
subdivisions. County Attorney Crook stated he had the attorney for
Cypress Creek subdi~~ision prepare the deed which conveyed the water
system from the developer directly to the Public Service Authority. since it I
had not been conveyed to the County.. County Attorney Crook stated he
has prepared the deeds for Gatling Pointe and Hidden Acres water systems
.which he needs the Board to approve and authorize the Chairman to sign
to convey these to the Public Service Authority.
Supervisor Cofer moved the Board approve the following deeds of
Gatling Pointe and 1 lidden Acres water systems:
THIS DEED, made and entered into this 1st day of July, 1992, by and
between THE COUNTY OF ISI E OF WIGHT, .VIRGINIA party of the. first
part, hereinafter called Grantor; and ISLE OF WIGHT COUNTY PUBLIC.
SERVICE AUTHORITY, situate in Isle. of Wight County, party of the second:
part, hereinafter called Grantee:
WITNESSETH:
That in consideration of the sum of One Dollar ($1.00), paid by
Grantee to Grantor, and other sufficient consideration, receipt thereof being I
acknowledged, Grantor hereby grants and conveys to Grantee the following
described property:
(1) All of that lot, piece or parcel of land situate in Newport
Magisterial District, Isle of Wight County, Virginia, containing 0.45 acres
and designated as "Well, Water Storage, & Distribution Facility Site" on a
plat of survey entitled "PLAT OF WELL, WATER STORAGE, &
DISTRIBUTION FACILITY SITE TO 3E CONVEYED TO ISLE OF WIGHT
COUNTY VIRGINIA LOCATED IN REGATTA POINTS NEIGHBORHOOD
GATLING POINTS SUBDIVISION ISLE OF WIGHT COUNTY, VIRGINIA;
dated January 22, 1989, and revised March 20, 1989, and May 11, 1989, by
Talbot & Associates, Ltd., which plat is recorded in the Clerk's Office of the
Circuit Court for Isle of Wight County, Virginia in Deed Book 361 at page
434, .the plat of survey being fully incorporated herein 'by this reference.
Phis conveyance does not include the 0.10 acre "Common Area," shown on
the plat.
Together with all buildings and improvements, rights, privileges,
tenements, hereditaments, rights of way, easements and appurtenances
belonging or appertaining to the land.
(2) For the same consideration, Grantor conveys to Grantee an
easement over and across the 0.10 acre Common Area as shown on the
said lat of survey for ingress to and egress from the well, water storage
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and distribution facilities on the lot conveyed hereinabove, and for the
construction, installation, inspection, maintenance, repair and replacement
of such water mains, pipelines, pipes, water meters, service lines, power
lines and control. lines as may be necessary for the operation of the well,
water storage and distribution facilities on the lot.
(3) For the same consideration, Grantor conveys to Grantee the well,
water storage tanks, water mains, pipelines, pipes, .water meters, service
lines, power tines, control lines, valves and .all other water storage and
distribution equipment and .facilities situated on the lot described
hereinabove, as well as those located in the public streets and roads in
Gatling Pointe Subdivision and in the right-of-way of State Highway 704
from Gatling Pointe Subdivision to the corpora .z limits of the Town of
Smithfield.
Being the same property, real and personal, conveyed to the. County
of Isle of Wight, Virginia, by deed of Tidewater Brandermill Associates
dated March 23, 1989 and recorded in the Clerk's Office for the Circuit
Court of Isle of Wight County, Virginia, in Deed Book 361 at page 425 on
October 16, 1989. .
This conveyance being authorized by motion duly adopted by the
Board of Supervisors of Isle of Wight County at their regular meeting on
the 2nd day of July, 1992, which motion authorized the Chairman of said
Board of Supervisors to sign this deed of conveyance on behalf of said
Board.
THIS DEED, made and entered into this 1st day of .July,1992, by and
between THE COUNTY OF ISLE OF WIGHT VIRGII\IIA, party of the first
part, hereinafter called Grantor; and ISLE OF WIGHT COUNTY PUBLIC
SERVICE AUTHORITY) situate in Isle of Wight County, party of the second
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part, hereinafter called Grantee:
WITNESSETH:
That in consideration of the sum of One Dollar ($1.00), paid by
.Grantee to Grantor, and other sufficient consideration, receipt thereof being
acknowledged, Grantor hereby grants and conveys to Grantee the following
.described property:
(1) All those certain pieces or parcels of land situate in the Windsor
Magisterial llistrict, shown on the development plans of Hidden Acres
Subdivision wherein the water distribution system is located as specified.
Said development plans arelocated in the Department of Public Utilities,
~~ Isle of Wight County, Isle of Wight Courthouse, Virginia.
(2) Contained in conveyance to the Grantee is an easement over and
across the above described property for the construction, installation,
inspection, maintenance, repair and replacement of such water mains,
pipelines, pipes, water meters, service line and control lines as may be
necessary for the operation of the water and distribution facilities within the ~
said subdivision.
(3) Grantors hereby convey to Grantee the. water mains, pipelines,
pipes, water meters, service lines, control .lines, valves and ail other water I
storage and distribution equipment and facilities situated on the property
described hereinabove, as well as those located. in the public streets. and
roads and easements in said Hidden Acres. Subdivision and from said
Subdivision to the .corporate limits of .the Town. of Windsor when
connection is made to the "Town of Windsor water system. I
Being the same property, real and personal, conveyed to the County
of Isle of Wight, Virginia, by deed of William B. Copeland and Patricia W.
Copeland, husband and wife, dated July 13, 1990 and recorded in the
Clerk's Office for the Circuit Court of Isle of Wight County, Virginia, in
-Deed Book 388 at page 804 on October 30, 1991.
This conveyance being- authorized by motion duly adopted by the
Board of Supervisors of Isle of Wight County at their regular meeting on
the 2nd day of July, 1992, which motion authorized the Chairman of said
Board of Supervisors to sign this deed of conveyance on behalf of said
Board.
The motion passed unanimously (4-0).
County Attorney Crook stated regarding .the matter of the School-
owned water line, the matter dates back to a feud between the Public'
Service Authority and the Board of Supervisors and in 1987 there was a
letter from the Public Service Authority requesting that the system be
conveyed to the Public Service Authority. County Attorney Crook further
.stated shortly thereafter there was a letter from the Board of Supervisors
requesting that it be conveyed to the Board of Supervisors, but prior to this
occurring, there was a request from the Town of Smithfield that it be
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conveyed to the Town because it had been promised to the Town by a
Division Superintendent. County Attorney Crook stated In the letter from
the County Administrator, it was represented that the. Board of Supervisors
wants the School Board to convey the water line to the Public Service
Authority and that he would take the matter of with the School Board.
County Attorney Crook stated he has advised the Board by letter of
the status of the extension of the option for the W. J. Edwards estate land
and requested the Board authorize payment in the amount of $7,500, part
of which may be reimbursed to the County.
Supervisor Bradshaw moved the Board authorize payment in the
amount of $7,500 for the extension. of the option. The motion passed
unanimously (4-0).
County Attorney Crookstated the County Administrator has provided
him with a proposed health department lease which is identical to the lease
the County has with them now except for an increase in rent.
County Administrator Standish stated at the. Board's previous
meeting, the Board did approve the lease of .property for Health
Department use and concurrent with that the County should amend its
lease agreement with the State Department of Health to increase it so that
the net cost to the County is zero. County Administrator further stated the
Board may wish to now take the opportunity to raise the rent for the
existing Health llepartment building to $1,200 per month which has not
changed in ten years. County Administrator Standish continued the Board
had approved the lease of the new office space pending the certification of
no friable asbestos and that the Health Department building and the office
space to be rented have now been certified free of friable asbestos.
Supervisor Spady moved the Board direct the County Administrator
to contact the Health Department concerning a possible increase in rent to
be negotiated. The motion passed unanimously (4-0).
//
Chairman Bradby called for the County Administrator's report.
Jane T. York, Isle of Wight County School Superintendent, stated the
last School Board meeting took .place the preceding Friday and she had
hoped to have a final figure on their unobligated. balance at that point;
however, there are reconciliations which are not complete yet and she is
therefore not prepared to give the Board an exact: figure on their
unobligated fund balance. Mrs. York further stated the School Board has
authorized her to request the Board that whatever unobligated fund balance
the School Board has. be placed in the school construction account which
would allow them to begin paying .construction bills in a timely fashion.
Mrs. York continued because she is unable at this time to give the Board an
exact figure on the unobligated fund balance, she would~like to request the.
Board authorize $400,000 to the school construction account.
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Supervisor Spady requested that the matter be postponed until the
July 16, 1992. meeting so that a resolution could be .prepared. Supervisor
Spady furtherstated at this time he would like Dr. York and Construction
Control to meet with the County Administrator and the Budget & Finance
Director so that the figures could be determined and the School Board
would not have to keep appearing before the Board to request funds each
time.
Supervisor Cofer moved the Board direct the County Administrator
prepare a resolution for the July 16, 1992 meeting of the Board to transfer
funds to the construction account from the bond fund as requested. The
motion passed unanimously (4-0).
County Administrator Standish stated included in the agenda are the
FY1992-93 petroleum bids for the County's school system.
..Supervisor Cofer moved the Board accept the low bids per the ,
following:
MG Refining & Marketing for super unleaded at a ~
. cost of $0.7575
Southern States for fuel oil #2 at a cost of $0.6180
Southern States for diesel fuel at a .cost of $0.6305 I
The motion passed unanimously (-i-U).
Judy A. Begland, Economic .Development Director, stated Norfolk
Southern has been proceeding with their Federal and State permits in an
effort to begin development of their coal storage facility near Windsor and
the County appliedfor a permiE with the State Water Control Board for a
well withdrawal permit for Norfolk Southern. which was approved last I
week. Mrs.. Begland stated Norfolk Southern was now in the process of
their environmental impact statement with the Carps of Engineers which
has been advertised and the hearing will be held on July 29, 1992 at 7:00 I
p.m. at Windsor High School. Mrs. Begland continued the Board may wish
to consider adopting a resolution that could be part of the public record
from the Board that speaks to the benefits of the. project given the Board's
review and thoughts about the environmental. protection. I
. Supervisor Spady moved the Board adopt the following resolution:
WHEREAS, Norfolk and Western Railway Company, a subsidiary of
Norfolk Southern Corporation, is asignificant Virginia industry with a
worldwide reputation and .contributes to the economic stability of the ' I
.Hampton Roads area and insures Virginia's rightful place among economic
leaders; and,
WHEREAS, Norfolk and Western Railway Company, has obtained I
local land use approval to develop a ground coal storage facility in Isle of
Wight .County; and,
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WHEREAS, local, regional and state economies will benefit from such
an investment, expanding export capacity. and guaranteeing jobs and
revenue creation; and,
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WHEREAS, Isle of Wight County places a high priority on economic
development and industrial diversification tempered by attention to
environmental quality; and,
WHEREAS, the United States Army Corps of Engineers has produced
a Draft Environmental Impact Statement which speaks to the effects on the
environment as well as the economic and social outcomes of the project's
development with greaE detail and clarity; and,
WHEREAS, the Board of Supervisors recognizes that due
consideration has been given to the protection of public health and safety
and that the development. of the project will not significantly impact the
physical environment and will serve to enhance and strengthen the
community's economic viability.
NOW, TI-IEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF ISLE OF WIGHT COUNTY that the United States Army
Corps of Engineers be requested to conduct the appropriate review of the
public comments associated with the Draft Environmental Impact Statement
and proceed expeditiously with the permitting. of the Norfolk and Western
Railway Ground Coal Storage Facility in Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator be
directed to forward copies of this resolution to the United States Army
Corps of Engineers. as part of the public comment.process associated with
the issuance of their permit.
The motion passed unanimously (4.0).
Supervisor Spady stated the Public .Safety building is nearing
completion and he has had several citizens contact him regarding
dedicating the building to the former Sheriff, Harald C. Taylor. Supervisor
Spady then moved the Board dedicate the Public Safety building to Harald
C. Taylor who was wounded in the line of duty and is now disabled. The
motion passed unanimously (4-0).
County Administrator Standish stated for the Board's information
only, he has provided a copy of correspondence received from
Commonwealth Gas to the Chairman of the Board.
//
Chairman Bradby called for Old Business.
County Administrator Standish stated there is a proposal from the
County's delinquent tax collection attorneys that they could, if the Board so
approved, pursue delinquent personal property tax collection of $1,000 or
more in addition to the collection of delinquent real estate taxes.
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Beryl H. Perry,. Isle of Wight County Treasurer, stated he had
..researched the past December assessment of which there were fifteen such
accounts for the past year and all amounts over $1,000 have already been
applied by. warrant. Mr. Perry further stated from the warrants issued, five
were paid in full, three payment arrangements were made, four were not.
found by the Sheriff's office and three judgements-were entered.
Supervisor Cofer moved the matter be tabled until the July 16, 1992
meeting and requested that the Treasurer provide the Board with a list of
the total accounts. past due in amounts over $1,000 for the prior three years.
The motion passed unanimously (4-0).
County Attorney Crook stated if the Board wished, he would prepare
an amendment to the contract between the County and the delinquent tax
attorneys and if the attorneys agree to the contract,. it can be presented to ~
the Board in the event the Board chooses to retain them to collect
delinquent personal property taxes as they suggested.
County Administrator Standish stated the auditors, Goodman &
Company, have presented a proposal to review and analyze all County
investments and current investment procedures, and make a
recommendation relative to an investment policy for the Board's
consideration. County Administrator Standish further stated this matter
was tabled to this meeting to invite the Treasurer for his .comments.
Mr. Perry stated he has several concerns, one of which is that the CPA
firm is r~~presrntinb that they are experts in the field. of investing and that
usually they handle more internal control functions. Mr. Perry stated
secondly, he did not think it was appropriate for the CPA firm to come up
with such a policy and that he believed this should -come under the
.Treasurer's duties.
Supervisor Spady stated he was provided a copy entitled "Investment
Policy of Isle of Wight County" and questioned if this was adopted by the
County.
Mr. Perry replied "no", although it is the investment policy that he has
been using.
Supervisor Spady stated in the policy provided by Mr. Perry it states
there is a committee which will consist of a Chairman, the Commonwealth's
Attorney, etc., although the Commomvealth's Attorney did not know of the
policy.
Mr. Perry stated the investment policy being used by hint was
recommended by the State Treasurer's Association in 1987. or 1988 when
new opinions were issued by the General Accounting Finance Board who
starting classifying County investments and the State Treasurer's
Association recommended that .the. Treasurer adopt a polity. Mr. Perry
further stated he confirmed with the Auditor of Public Accounts whether
this policy had to be officially adopted by the governing board which it
does not.
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County Administrator Standish stated Goodman dt Company has
proposed to investigate and analyze the policies of the Treasurer and come
back to the Board with their recommendations and a policy for the Board
to consider.
Supervisor Spady stated he believed this is a good idea to have an
investment policy from the Board which will help the Treasurer in fulfilling
his duties and suggested talking to some other jurisdictions to see if an
Investment policy suikable to the County's needs could be found.
• County Administrator Standish stated he would contact other
localities similar to Isle of Wight to examine their investment polity. and
bring the matter back to the Board. for their consideration.
Mr. Perry stated for the Board's information, the investment policy
now being used by him came from Arlington and that he simply reworded
it. Mr. Perry further stated an investment policy is not a requirement, only
a recommendation and on a survey of all the Treasurers in the State,
approximately 70% do not have an investment policy at all. Mr. Perry
conkinued if the Board so desired. he is prepared to report to the Board on
the investments of the County.
//
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Chairman Bradby called for New Business.
There was no new business offered for discussion by the .Board.
Chairman Bradby called for Appointments.
Supervisor Cofer moved the Board nominate Tommy Queen for an
additional one-year term on the Youth Services Advisory Board which will
expire in June of 1993. The motion passed, unanimously (40).
Chairman Bradby moved the Board nominate Jeremiah H. Cuffey, Jr.
for an additional four-year term on the- Recreational Facilities Authority,
representing the Hardy Election District, which will expire in July of 1996.
The motion passed unanimously (4-0).
Chairman Bradby moved the Board nominate Reverend Vincent L.
Thomas for an additional four-year term on the Social Services Board
representing the Hardy District which will expire in July.of 1996. The
motion passed unanimously (4-0).
Chairman Bradby moved the Board nominate Joel C. Bradshaw, Jr. for
an additional four-year term on the Social Services Board representing the
Carrsville District and the Board of Supervisors which will expire in July of
1996. The motion passed unanimously (4-0).
//
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Chairman Bradby called for approval of the. June 4, 1992 regular
meeting minutes, June 8, 1992 called meeting minutes and the June 8,1992
continued' meeting minutes.
Upon recommendation of County Attorney Crook, Supervisor Cofer
moved the Board adopt the June 4, 1992 regular meeting .minutes, June 8,
.1992 called meeting minutes and the June 8, 1992 contlnued meeting
minutes. The motion passed unanimously (4-O).
//
Supervisor Cofer moved the Board- adjourn. at 3:34 p.m. The motion
• passed unanimously (4-0).
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.Henry H. radby, Chairman I
Myles .Standish, Clerk
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