07-17-1986 Regular MeetingPage 17
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE
SEVENTEENTH DAY OF JULY IN THE YEAR NINETEEN HLTP;DRED EIGHTY SIX
PRESENT: Richard L. Turner, Chairman
C. Fred Bailey
Henry H. Bradby
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, P]_anning Director
Juanita L, Byrum, Assistant County Administrator
Betty Scott, Secretary
Chairman Turner called the meeting to order at 7.05 P,M. The invocation
was delivered by Supervisor Bradby.
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Herbert L. Tones, County Extension Agent, recommended the County join other
counties that are asking to be declared a disaster area because of the drought.
Nir. Jones stated crop losses are now estimated at $4,431,000 and could go
higher if a significant rain does not save the vital peanut crop. Mr. Jones
continued stating 12 counties have already been declared disaster areas and at
least 22 others have asked for the status and while some in the County might
doubt whether the disaster status should be sought now Mr. Jones said, "I'm
of the opinion that the sooner we ask for it, the sooner we'll get it". The
aid, which would not be available until after harvest time, likely would take
the form of emergency loans carrying 5% percent interest .rate, said Mr. Jones.
The commodity prices are very low because of a surplus from previous harvests
and an expected bumper crop from the midwest, Mr. Jones stated, '"It-will be
hard to pay off any loan at any percentage rate on $2.00 per bushel corn". Mr.
Jones further stated a committee of County agricultural leaders has estimated
the County`s.18,5OO acres of corn will yield only 35 bushels per acre, 63
bushels below average and at $2.00 per bushel this accounts for a loss of $2.3
million from an average year. Also, there are 15,000 acres of soybeans and
the yield is expected to be off by one-third, bringing a loss of $750,000 and
the peanut crop is entering a crucial stage where th.e crop can be partially
saved by rainfall.. However, Mr. Jones stated the estimated average yields will
be down about 300 pounds per acre, or 1.0% because of the damage already done by
the drought. There are 15,000 acres of peanuts planted in the County, and the
10% drop in yield accounts for a loss of $1,350,000,
Chairman Turner stated most farmers were in a financial bind going into
this growing season and the drought has been disastrous.
Mr. Jones recommended the Board adopt a resolution declaring Isle. of Wight
County a disaster county and that County Administrator Owen send the resolution
accompanied with a letter to the Governor of Virginia.
July 17, 1986
Page 18
On motion of Supervisor Bailey, the Board voted unanimously to adopt the
amended resolution declaring Isle of Wight County a discs-ter area and send it
with. the letter from County Administrator Owen to the Governor of Virginia.
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Charles W, White, County resident, appeared before the Board requesting
approval of the subdivision of one lot containing an existing house on a 23
acre parcel of land located off Route 677. Mr. White explained. the remainder
of the property would be subdivided into a residential subdivision at a later
time.
Following discussion, County Attorney Crook suggested the Board wait to
make their decision until Planning Directoz, Terry D, Lewis, arrived at the
meeting, The Board concurred with Mr. Crooks recommendation,
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County Administrator Owen advised the Board members Donald Bernd, Public
Works Director, had received three bids to dig new trenches around the land-
fill. as follows: J, R< Ed.wards, 60~ per yard; Goodman and Holland,. 69~ and
Ronnie Carr 65~, Mr< Owen said Mr. Bernd recommended accepting the low bid of
J. R. Edwards, Supervisor Bradby moved the Board accept the low bid of J. R,
Edwards (60~ per yard) to dig new trenches around the landfill, The motion
passed unanimously,
Mr. Owen informed the Board members. that Dr. V. J. Morlino, Superintendent
of Schools, had received bids for petroleum products as follows: low bids -
Griffin Oil - regulaz gas ,4373 per gallon; Angus Hines - ~~2 diesel fuel .37490
per gallon; S, W. Rawls - unlead regular .4383 per gallon and S, G], Rawls - un-
leaded premium .4779 per gallon.. Mr, Owen recommended the Board concur with:
the School Boards decision of awarding these vendors the petroleum contracts,
Supervisor Bailey moved the Board accept the petroleum products bids as recom-
mended by the School Board. The vote in favor was unanimous,
Mr, Owen advised the Board members the Peninsula District Transportation
Committee had communicated with the Department of Highways and Transportation
relative to using the. commuter parking lots at the intersection of Routes .258
and 10 and on Route 669 from Route 17, to run shuttle service to Newport News.
The Department of Highways and Transportation has no objection, said Mr, Owen,
Mr. Owen continued stating the Peninsula District Transportation Committee
would like to receive acknowledgement. and authorization to provide service and
use. the lots. Supervisor Ross moved the Board allow Peninsula District Trans-
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,Luly 17, 1986 Page 19
portation Committee to use the commuter parking lots, owned by the Department
of Highways and Transportation, at the intersection of Routes 258 and 10 and
on Route 669 from Route 17, to run shuttle service to Newport News. The
motion passed by unanimous vote-of the Board.
On motion of Supervisor Bradshaw, the Board voted unanimously to appoint
County Attorney Crook to serve `as a member of the Jail Needs Assessment Team
Committee.
Following discussion, Supervisor Bradshaw moved the Board publish notice
to hold a public hearing August 21, 1986 to consider reducing the real estate
and machinery and tools tax rates from 55 to 53 cents per $100 for real estate
of assessed value and from 86 to 85 cents per $100 of assessed value for
machinery and tools. The motion carried unanimously.
Larry Riddick, of J. R. Riddick & Sons and contractor for the Windsor
Volunteer Rescue Squad building, appeared and asked the Board for their final
payment in the amount of $17,095,.00. Mr. Riddick stated. he had submitted his
report to the architect. However., the architect had not sent a copy to the
County stating all work was completed - there had been a telephone conversation
with County Administrator Owen and Mr. Monroe stating the work was complete.
Following discussion, particularly relative to the drain construction, Super-
visor Ross moved the Board pay J. R. Riddick &-Sons $15,769.00 of their final
payment subject to written approval of the architect, Caro, Monroe & Liang.
The remaining $1,326.00 will be outstanding until an agreement is made between
the architect and contractor relative to additional cost for-drain construction.
The motion passed by unanimous. vote of the Board.
"MEMORANDUM"
7/11/86
T0: -Board of Supervisors and .County Attorney
From: W. B. Owen, County Administrator
We have for some time wanted to get the Windsor Rescue Squad
Building contract completed. According to the architect the con
tractor has met the. provisions of his contract. However, there is
still the question of the cracks in the concrete floor in the bay
area. Weeks ago the architect advised me that he was going. to
have core samples taken of the floor to determine structural
integrity. However, after the engineer inspected the floor it was
then determined it would not be necessary to take the core samples,
Mr. Bailey contacted me many weeks ago about his'dissatisfacton
with the floor. At that time, at his request, I scheduled a meet-
ing with the contractor, the engineer, Mr. Bailey and me..
The engineer, George Cornell, proposed the cracks be-filled
with a concrete grouting type of material and then be buffered
off smoothly. The contractor was in the process of doing some
of that. while we were there. Mr. Bailey did not feel this was
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July 17, 198Fi
Page 2U
satisfactory and told the contractor and engineer that, The engineer
contends that the floor is structurally sound and the biggest problem
with the cracks would be the appearance. because it is a new building,
He felt the cracks had developed because the concrete contractor had
not poured the floor in the mannex the engineers had intended when
the plans were drawn. Mr. Bailey stated at that time he was not
satisfied with the quality of the building in general nor was he
satisfied with the floor and he did not accept the engineer's state-
ment-regarding the structural soundness of the floor.
The architect has sent a list of four change orders for con-
sideration and approval, If the Board approves these; it is the
architect's opinion the contractor has fulfilled the contract and is
entitled to the money now being retained, Three of the change orders
requested, I think., are in arder and in fact one has already been ap-
proved by the Board, The one involving the additional septic tank
and pump had previously been rejected by the Board because the plans
submitted by the Health Department were not followed, In the plans
approved the septic tank and drain field were to accommodate the per-
sonnel area .and the floor drains from the bay area were to drain. to
the ditch on the west side of the building, However, when the system
was installed it was installed with-the floor drains draining under
the personnel area to the septic tank. Because of the distance in-
volved and .the elevation of the pipe in order for the water to flow.
through it the pipe coming out of the building was considerably lowex
than the Health Department had designed for. that. area, Therefore,
.the Hea1_th Department then required an additional tank to serve as a
holding tank and pumping chamber and a pump to be installed so that
the waste water could then be pumped upward into the original septic
tank which was installed at a higher level.
Enclosed is a letter from Sanitarian J. A. Nourse reflecting
that change. Item 1 on the change order document refers to this
change being made to fulfill County Health Sanitation requirements.
However, as previously stated this would not have been necessary had
the original. plans been followed. Therefore, it would appear this
expense is not the obligation of the Board of Supervisors.
WBO:bas"
"ISI.~E OF tivIGHT COUNTY HEALTH DEPARTMENT
402 Grace Street
P. O. Box 309
Smithfield, Virginia
November 18, 198
W. B. Owens, Administrator
Isle of Wight County
Isle of Wight, Virginia 23397
bear Mr. Owens:
Enclosed is a revised septic tank permit to reflect the change of
adding a pump system to the septic tank system serving the. Windsor
Rescue Squad. The reason for adding the pump system is that the
sewer line was stubbed from the building some 24" under the top
of the ground and the drainfie.ld has to be installed at a 24"
depth due to a seasonal water table.
There is no way possible to have the effluent flow by gravity
since the inlet to distribution box is some 12-14" higher than
the outlet from .the ,existing septic tank. A warning on the
original septic tank permit was added to reflect this .possible
condition.
If you have any further questians please advise this .office.
Sincerely,
s/J A. Nourse,
Sanitarian
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July 17, 1986
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Page 21
Planning Director Lewis arrived at the meeting and Chairman Turner asked
Mr. Lewis to give his opinion on the request of Charles W, White to approve
the subdivision pf one lot containing an existing house on a 23 acre parcel
of land located off Route 677,
Mr. Lewis commented that the 23 acre parcel of land was czeated in 1981
or 1982 and therefore, there were np provisions under-the County Subdivision
Ordinance that would allow approval of the subdivision as proposed by Mr,
White unless the Board elected to grant an exception under Section 6-1, County
Attorney Crook advised the Board that it could use Section 7-28-4 which would
allow. the Board to simply. approve the subdivision of one lot out of a tract
of land which had been done on other occasions. Mr. Lewis agreed that other
lots had been subdivided under .this provision, but that in past instances
these featured the division of an alder farm house out of a farm parcel of
land on the premise that the selling of th.e one parcel would be of economic
benefit to the continuation of the farm operation, In this case the house
being divided was recently constructed and the parcel of land is not used for
farm purposes, stated Mr. Lewis, County attorney Cropk then advised the Board
that Section 7-28-4 would not require that the lot be divided from farmland
nor that the house had to be vintage. Planning Director Lewis stated he had
no objection to the approval,
On motion of Supervisor Bradby, the Board voted unanimously to approve
the request of Charles .W. White to subdivide a one parcel tract of .land on
Route-677 under Section 7-28-4 of the Subdivision Ordinance.
Planning Director Lewis presented the following Conditional Use Permit
applications for the Board's consideration:
1. The application of Ronald E. Carr for a Conditional Use
Permit to locate a mobile home for his son, Ron-Carr, on
19 acres of land located off Route 611, in Windsor
Magisterial District,.
No one appeared. in favor or objection. The Planning Commission opted un-
animously to recommend approval, said Mr, Lewis,
Supervisor Bailey moved. the Board approve the application of Ronald E.
Garr for a Conditional Use Permit to locate a mobile home for his son, Ron
Carr, on 19 acres of land located off Route 611, in Windsor Magisterial
District. The motion carried unanimously.
2. The application of-Alton F. and Mildred H. Staples for a
Conditional Use Permit to locate a mobile home for 12
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July 17, 1986
Page 22
months, while building a residence on five (5) acres of land,
located off Route 644, in Hardy Magisterial District.
No one appeared in favor or opposition. The Planning Commission voted
unanimously to recommend approval, said Mr, Lewis.
On motion of Supervisor Bailey, the Board voted unanimously to approve the
application of Alfton F. and Mildred H. Staples for a Conditional Use Permit
to locate a mobile home for l2 months, while building a residence on five (5)
acres of land, located off Route 644, in Hardy Magisterial District with the
condition the Conditional Use Permit be terminated upan issuance of Certific-
ate of Occupancy for the permanent dwelling if prior to 12 months.
Planning Director Lewis presented the following subdivision plats for the
Board's consideration:
1. Plat showing Lot 1 of Harold A, Griffin, Jr. and Hendricks
L. Griffin, Sr. 40,000 square feet of land located off Route
1402, in Hardy Magisterial District.
The plat has been reviewed by the Department of Highways and Transportation
and the Health Department who have na objections to its approval, said Mr,
Lewis. Mr. Lewis continued stating the Planning Commission voted unanimously
to recommend approval. Supervisor Ross moved the Board accept the Planning
Commission's recommendation and approve the plat showing Lot 1 of Harold A.
Griffin., Jr. and Hendricks L. Griffin, Sr, 40,000 square feet of land located
off Route 1402, in Hardy Magisterial District. The vote in favor was unanimous.
2. Plat showing a portion of the property of Odelle S. Carr being
conveyed to T. A. and Betty P. Powell, one (1) acre of land
located on the south side of Route 638, in Hardy Magisterial
District.
The proposed lot reportedly is the last in the series of lots 'being sub-
divided from the parent tract, stated Mr. hewis. The Department of Highways
and Transportation and the Health Department have reviewed the plat and have
no objections to its approval, stated Mr. Lewis. Mr. Lewis continued saying
the Planning Commission voted unanimously to recommend approval. Supervisor
Bradshaw moved the Board approve the plat showing a portion of .the property
of Odelle S. Carr being conveyed to T. A. and Betty_P, Powell, one (1) acre
of land located on the south side of Route 638,. in-Hardy Magisterial District.
The motion passed by unanimous vote of the Board.
3, Plat showing division of property owned by Hugh Gwaltney,
Parcels 1, 2, 3, 4 and residue, located at Route 637 and
Route 647, in Hardy Magisterial District.
Mr. Lewis stated the site was rezoned R-A in June 1986 to permit creation
of the proposed four (4) lots and the plat has been approved by the Department
of Highways and Transportation and the Health Department has no-objections to
July 17,.1986 Page 23
its approval. The Planning Commission voted unanimously to recommend approval,.
stated Mr. Lewis. Supervisor Bradby moved the Board approve the .plat .showing
division of property owned by Hugh Gwaltney, Parcels 1, 2, 3, 4 and residue,
located at Routes 637 and 647 in Hardy Magisterial District. The .vote in
favor was unanimous.
On motion of Supervisor Bailey, the Board voted unanimously to approve the
proposal of R, L. Magette Company to close valves in front of each fire hydrant
in the Cannon Acres Subdivision to a point where the flow meets the requirements
of the Fire Department after which Magette will tack weld the iron cover on the
top of the valve-box, so it cannot be changed.
Planning Director, Terry D. Lewis, informed the Board members the Planning
Commission voted unanimously to recommend the County undertake a two~part
central water and sewerage treatment study, Through the study., the County
should receive sets of design specifications for privately constructed water
and sewerage treatment systems and a master plan for Countywide water and
sewer systems. The design specifications could be amended by appropriate
ordinances to set minimum design standards for private systems, The master plan
could be incorporated into the Future Land Use Plan and serve as the basis for
revisions to the land use-plan and the preparation of a water and sewer capital
improvement program. To undertake the study, the Board of Supervisors must ac-
complish the following, said Mr. Lewis: (1) allocate funds for the services. -
estimated costs vary from $50,000 to $100,000 depending upon scope of study,
(2) prepare advertisement and requests-for proposals and submit.: requests to
prospective consulting firms, (3) appoint consultant selection committee and
select consultants, (4) negotiate contracts .for services and (5) implement
contracts.
Following discussion, Supervisor Ross moved the Board accept the Planning
Commission's recommendation to authorize intation~:af the study as outlined
with the exception of allocation of funds which will be done at a later date.
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Supervisor Bailey amended the motion to delete references to the expansion of
the Town of Windsor's water system and the construction of a sewage treatment
system because of the negotiations that his committee and the Town are-engaged
in toward construction-of facilities for Windsor. The motion to amend the
motion was defeated with Supervisors Bailey and Bradshaw voting aye and
Supervisors Turner, Ross and Bradby nay..
Supervisor Ross then moved the Board .accept the Planning Commission's recom-
mendation to authorize initiation of the study as outlined with the exception
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July 17, 1986
Page 24
of allocation of funds which will be done at a later date. The motion passed
by unanimous vote.
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County Attorney Crook advised the Board members Mrs.. Taylor Barlow's
term expires this month as a member of the School Board Selection Commission
and stated she would not be eligible for reappointment because she was going
to begin teaching again this fall. Supervisor Ross moved the Board recommend
William K. Barlow, 219 Moonfield Drive, Smithfield, Virginia to the Circuit
Court to be appointed as a member of the School Board Selection Commission.
The vote in favor was unanimous.
County Attorney Crook further advised the Board that the other members'
terms on the School Board Selection Commission expire this month and inquired
if the Board wanted to make. any other recommendations to the Circuit Court for
appointment. The Board members elected not to make any other .nominations.
Supervisor Ross moved County Administrator Owen draft a letter of com-
mendation to Mrs. Barlow for Serving on the School Board Selection Commission.
The motion passed unanimously.
County Attorney Croak presented a proposed "Ordinance To Impose $usiness
License Taxes For The County of Isle of Wight" far the Board's study and re-
view. Mr. Crook stated a proposed ordinance had been presented earlier which.
used a fee system whereas this ordinance was based on percentage of gross re-
ceipts. It is very similar to the Town of Smithfield~s ordinance, stated Mr.
Crook. He suggested the Board take no action at this time, but that they
study the ordinance.
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Supervisor Ross moved the Board appoint ~2ichard Ballard to serve another
term as a member of the Isle of Wight Commission on Aging. The vote in favor
was unanimous.
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Supervisor Bradby informed the Board members he had talked with Stanley
Turner relative to the Paradise Heights Subdivision road problems and Mr.
Turner will be on vacation for a while and asked that the matter be tabled
until September 4, 1986 Board meeting. Supervisor Bradby then. moved the matter
be tabled until September 4, 1986, The motion carried unanimously.
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Per recommendation of County Attorney Crook and on motion of Supervisor
Bailey, the Board voted unanimously to approve the June 19, 1986 and July 3,
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July 17, 1986 Page 25
1986 Board of Supervisors' minutes.
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There followed some discussion by members Bradshaw and Bailey regarding
the Otelia Rainey hookup problem in Camptown. No action was taken by the
Board..
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County Administrator Owen requested an Executive Session for the purpose
of discussing with legal counsel and Board members contracts and negotiations
of contracts.. Supervisor Bradby moved the Board go into Executive Session
for the reasons stated by Mr. Owen which passed unanimously. The Board went
into Executive Session at 8:50 P.M, and returned to open session at 9:15 P.M.
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At 9:16 P.M. Supervisor Ross moved the meeting be adjourned which passed
unanimously.
Richard L, Turner,~Chairman
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W. B. Owen, Clerk
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