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05-21-1987 Regular MeetingMay 7, 1987 Page 290 ng the month. of April which did not appear on the General. Fund Bill 12egster. The vote in favor was unanimous, ~/ Per recommendation of County Attorney Crook and on motion of `Supervisor Turner, the Board voted unanimously to approve the April 2, .l6 and 23, .1987 Board of Supervisors minutes, ~/ At 3:55 P,M. Supervisor Turnex moved the Board have a ten minute recess, which. passed un~nx.mously~ // The Board reconvened from Executive Session at 4;47 P,M, County Attorney Crook: read the following'xecommendaton made by Supervisor Ross of the Personnel Committee, .Mrs. Juanita Byrum will be made Acting County Administrator. effective May 8th, She will receive a pay increase of $SOO a,month while serving in that capacity, The automobile allowance for the County Administrator will be p aid to her, Mr, Owen will continue as a County employee as assistant to the ,Acting County Admi istrator or the Board, He will also continue to :serve on committees, commissions ar boards until a replacement is appointed. Compensation for time will. be negotiated with the Personnel Committee and approved by the Board of Supervisors and mileage will be taken from the car allowance of the. Acting County Administrator... Motion made by Supervisor Turner thaw the recommendation be approved. The vote was unanimous. ~/ At 4:50 P,M. Supervisor Ross made the motion the meeting be adjourned. The vote was unanimous. -l0' ~^~~ Henry H, Bradby~ Cha~an ,• ]~ __ W. B, Owen, _ex REGULAR MEETING OF THE LSLE OF WIGHT CC)UNTY BOARD OF SUPERVISORS HELD THE TGIENTY FIRST DAY OF MAY IN THE. YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H, Bradby, Chairman ABSENT: Richard L, Turner C, Fred Bailey, Vice Chairman .Joel C, Bradshaw, Jr. Thomas L, Ross Also attending: Ann S, Janes, Acting County Attorney Juanita L, Byrum, Acting County Administrator Terry D. Lewis, Planning Director Donald Bernd, Public Works Director W, B, Owen Betty Scott, Secretary Page 291. May 21, 1987 r.. t Chairman Bradby called the meeting to order at 7:07 P.M. and delivered the invocation. // The Chairman informed the Board members John Maxwell, of Municipal Advisers, Inc., was present and suggested the Board hear lzis comments regard- ing recommendations for`the position of County Administrator. Chairman' Bradby suggested the Baord ga into. executive session to discuss personnel. Supervisor Ross moved the Board go into executive session to .discuss per- sonnel consisting of consideration of recommendations for the new County Administrator. The.. vote in favor was unanimous. The Board went into ex- ecutive session at 7:09 P.M. and returned-to open session at 7:.40 P.M. Upon ~I returning to open session. Chairman BI-adby stated the information discussed ~' was confidential and interviews would be set up to select a new county administrator. // .The Chairman called for a public hearing on the following musical festival permit applications: 1. The request of `Smithfield Packing.Company and Isle of Wight/Smithfield Chamber of CommeAce to hold the Smith field Ham and Gourmet Food Festival on Saturday, May 23, 1987, at Aberdeen Farm, off'Route 673, in Hardy Magisterial Distrist. Alan S. Nogiec, Chairman of the Preparation Committee, appeared to pre- sent the application. He said he would be glad to answer any questions anyone had. No one appeared in opposition. Planning Director Lewis stated the Planning Commission did conduct a public hearing and following the hearing, the Planning Commission voted to recommend approval. Mr. Lewis stated there was no opposition at the Plan- ning Commission hearing. Supervisor Bradshaw moved the Board approve the request of Smithfield Packing Company and Isle of Wight/Smithfield Chamber of Commerce to hold the Smithfield Ham and Gourmet Food Festival on Saturday, May 23,:.1987, at Aberdeen Farm, off Route 673, in Hardy Magisterial District. The motion` passed with Supervisors Bradshaw, Bradby and Bailey voting aye and Supervisor Ross abstaining. 2. The request of Conrad G. Ashe and the Windsor Jaycees to hold a music .festival on Saturday, May 30, 1987, at the American Sportsman Campground on Route 650 in Hardy Magisterial District. John Schwartz, President of the Windsor Jaycees, appeared to-represent the applicants. No one appeared in opposition. Planning Director Lewis informed the Board members the Planning Com- mission held a public hearing on the application and the Planning Commission voted to recommend denial of the application (4 members voted againist, 3 in favor and Z abstained). Mr. Lewis stated the Planning Commission took this action because of the history of violations which have occurred under the zoning ordinances of the County relative to the operation of the campground by the owner. May 21, 1987 ~~ Page 292 Juanita L. Byrum, Zoning Administrator, stated she had reviewed the site today and found equipment parked in an area not zoned for same, about 12 operable pieces of earth moving equipment, road building equipment and farm equipment and it appears the campground would be in no condition to hold a music festival. Supervisor Ross stated it seems every year we come up with the same thing about Mr. Ashe's problem and his campground and it seems the Jaycees bear the brunt each time they come before us for this activity. They are a non-profit organization and they do worthwhile things for the community and I hate to see them. go through this year after year, he said. Super- visor Ross recommended the Baord allow the Windsor Jaycees to hold a festival on Saturday, May 30, at the American Sportsman Campground. Chairman Bradby stated he had visited the campground about a week ago and Mr. Ashe pointed out areas he planned to correct. However, they were not of any magnitude, said Chairman Bradby. The Chairman continued saying the Jaycees do worthwhile things and it would create a hardship for them now. I see no problem with them holding the festival, stated the Chairman. .,Supervisor Bradshaw stated the Board has gone round ..and round with him. about this. Everytime it comes up there is a problem. If anything is wrong it should be taken care of ahead of time, Supervisor. Bradshaw said. The ordinance requiring. the buffer around the park had not been enforced since the park's beginning, said Supervisor Bailey. Supervisor Bradshaw stated it looks like we are picking on the man. Acting County Attorney, Ann S. Jones, stated conditions could be added if the Board so desired. Mrs. Jones stated Section 15-9 of the local code allows you to condition the issuance of a permit. The Board members can determine if they wish to require the posting of a bond, said Mrs. Jones. Supervisor Ross stated the conditions need to be put on the floor and the Jaycees not be unduly penalized because of Mr. Ashe',s problems. Super- visor Ross moved the Board approve the request of Conrad G. Ashe and the Windsor Jaycees to hold a music festival on Saturday, May 30, 1987, at the American Sportsman Campground on Route 650 in Hardy Magisterial District. The motion passed by unanimous vote of the Board. 3. The request of Conrad G. Ashe to hold a music festival on Friday, June 12, Saturday, June 13 and Sunday, June 14, 1987 at the American Sportsman Campground. on Route 650 in Hardy Magisterial District. Conrad G. Ashe appeared and stated he had had events for ll years and it has been a battle every time. There has been no problems at any of the events. The Sheriff says he has less problems at the music festival than he does at football games and more people attend the music festival, said Mr. Ashe. Mr. Ashe stated he would like to know what the problem is. Planning Director Lewis. informed the Board members the Planning Com- mission recommended denial for the reason previously stated. Mr. Lewis continued saying Mr. Ashe did not attend the Planning Commission meeting to discuss questionable violations. Mr. Lewis stated Mr. Ashe is supposed to be attending the next Planning Commission to show cause why his conditional use permit should not be revoked. Mrs. Jones stated, "Mr. Lewis is correct and show cause states he will be at the next meeting". Mrs. Jones continued May 21, 1987 Page 293 saying the conditional use permit may be revoked if permanent residents are in the park rather than temporary residents.. However, consideration of the music festival permit and the conditional use permit are two different situations, said Mrs. Jones. Supervisor Ross queried Mrs. Jones as to whether a motion could be made to approve the permit with conditions to clean up his house to which she re- plied, "Yes". Mrs. Jones .also stated the Board could put any conditions should you so desire. .Planning Director Lewis stated the Planning Commission is going to hold a hearing to decide if Mr. Ashe is in violation of the ordinance, as well as other violations which have been discussed for a number of years. The camp- ground does not comply with ordinances, said Mr. Lewis. Mr. Ashe stated all of the problems have surfaced within about three years when we had the zoning. Mr. Ashe continued saying Mrs. Byrum said he was not zoned right. Mr. Ashe said six years ago, at Mrs. Byrum's request, he zoned the property as she (Mrs. Byrum) suggested. Mr. Ashe stated the property in question ~s zoned for business and he asked, "How can it be connected with the zoning for the campground". Mrs. Jones stated lawful conditions may be. imposed on activities granted for the conditional use permit, but it cannot be a condition the Board puts on this festival permit. Mrs. Byrum .stated the violations and prolems have existed for sometime. Mrs. Byrum continued stating Mr. Ashe has an attitude and does not comply with the county ordinances. Mrs. Byrum stated she would be glad to address a letter to Mr. Ashe with copies to the Board members and Planning Commission. Mrs. Byrum said she believes the situation should be aired at the Planning Commission meeting. Following discussion, Supervisor Bradshaw moved the Board approve the request of Conrad G. Ashe to hold a music festival on Friday, June 12, Sat- urday, June 13, and Sunday, June 14, 1987 at the American Sportsman Campground on Route 650 in Hardy Magisterial District and .that Mr. Ashe post a $500 bond. Supervisor Ross amended the motion to add that payment of all real estate taxes be paid prior to holding the festival. Mr. Ashe had no problem with that, saying all taxes had been paid. The motion passed with Supervisors Ross, Bradby and Bradshaw voting. aye and Supervisor Baily voting nay. // Bob Leber, a resident of 19 St. Catherine Drive, Carrollton, Virginia and President of the Carrisbrooke Community Association, once again addressed the Board regarding the county do leash law. Mr. Leber stated the County Attorney had gotten the Attorney General's favorable opinion relative to the leash law and he would like for the Board to institute such a law in the County. W. B. Owen, Assistant to the Acting County Administrator, stated the law would be Limited to specific areas zoned residential. Acting County Attorney Jones stated you could if you do direct such ordiance be prepared by the County Attorney that you can limit the ordinance to certain months or have it year round in certain-areas. i May 21, 1987 Page 294 Discussion. continued. Bill Bradshaw, Carrisbrooke resident, stated the County is growing and a lot of people are coming from cities to get away. They do not like cats and dogs to come in their yards and destroy the flowers and plants.. He asked that the Board have consideration of residents who have spent a-lot of time in landscaping their yards. Acting County Attorney Jones stated the County Attorney could draft an ordinance to be considered to restrict zones with certain density. Robert Walker, Central Hill resident, expressed concern relative to dogs running.. during hunting season. Mr. Leber replied there is a provision in the James City County law specificially addressing this situation; hunting dogs are excluded. Once again Supervisor Bailey moved the Board authorize County Attorney Crook to draft a dog leash law ordinance to restrict residential zones of R-1 with certain density of subdivision lots. The motion passed unanimously. Jacques Meyers appeared before the Board requesting the Board to set the bond for subdivision improvements in the. Meyers Landing Subdvision. He pre- sented the Board copies of bid proposals to use as a basis to establish the amount of bond. Planning Director Lewis advised the Board that bid proposals were not. acceptable as the basis for estimating a bond and that what the County has requested in the past is that there is a construction contract estimate certified by an engineer or in some instances the County has considered construction contracts covering tfie work as a basis for estimating a bond if those contracts contain a clause making the .contracts assignable to the County. Mr. Lewis continued saying a part of the County's process requires the estimates or contracts ,to be reviewed by appropriate reviewing agencies for their advice about whether the contracts or estimates cover all construction itmes and whether the amount is sufficient to cover the construction costs. Mr. Lewis also advised the Board that this information about the County's procedure had been related. to Mr. Meyers and that he advised Mr. Meyers that it normally takes a period of a week or ten days for all reviews to be completed and a recommendation formulated for submission to the Board. Mr. Meyers protested saying that a delay until the next Board meeting would cause him the possible loss of the sales .prospect that he now has for the property. Mr. Meyers, therefore, requested the Board to take action tonight if at all ...possible to estimate the amount of bond. On motion of Chairman Bradby, the Board voted unanimously to authorize Planning Director Lewis to estimate the amount of bond for the project as a means of expediting the bonding process for the Meyers Landing Subdivision. Mr. Lewis advised the Board that he would follow the usual procedure of accept- ing certified engineer's cost estimates which would be reviewed by appropriate reviewing .agencies and upon receipt of those review comments a bonding amount would be set that would include a 10~ contingency amount. William Ballard, representing the Smithfield Town Council, appeared. and asked the Board for their support in the renovation of the old Smithfield High School for the Walter Cecil Rawls branch library. Mr. Ballard stated the Building Plans Committee for the renovation of the old Smithfield High School recommends the renovation of the entire complex for an estimated cost of '~ J May 21, 1987 Page 295 $1,234,100. Mr. Ballard continued stating it is important that a commit- ment on the library portion be made as early as possible because the library has an extremely good chance of obtaining a matching grant of $200,000 to $235,000 which can be used towards the construction and/or interior furniture and equipment for the library portion.. Mr. Ballard stated they must have an intent to apply by May 29 and must have a complete application in by August 3. The Building Plans Committee recommends the complete implementation of the plans, however, it is possible to be done in two steps at an increased cost of $249,500, said Mr. Ballard. Mr. Ballard stated the Committee asks that you (the Board) begin immediately on the next step towards renovation - that is hiring of an architect for the working .drawings and immediately there- after hiring a contractor to do the renovation work. During the discussion, it was determined that during the April 16, 1987 Board meeting the Board agreed to support the project at a 80%-20~ cost (80~ for the County and 20~ for the Town). Alan S. Nogiec, Director of the Parks & Recreation Facilities Authority, appeared and stated he takes issue that the committee did not consider them in the total project. Mr. Nogiec stated it was his understanding that the concern of what the committee and architect task was for total project and not just one section. Mr. Nogiec asked for clarification prior to action begin taken. Supervisor Ross stated he was the Board's representative on the com- mittee and he does not think the committee was to consider only the library and feels it (library) was discussed because the library had funds available. Mr. Ballard stated there are three areas of consideration in the re- novation of the old school, namely: facility for the library, room for Paul D. Camp Community College for classes in this area and provide area for Parks and Recrational Facilities Authority. Mr. Ballard continued stating the project is more expensive than originally expected and they have asked the architect to go back and cut out as much as possible and break down in phases. Following discussion, Chairman Bradby suggested the Smithfield Town Counil, the Board of Supervisors and the Parks & Recreation Facilities Authority have a meeting for the purpose of having an in-depth discussion on the renovation program for the old Smithfield High School. Paul Johnson, President of the Walter Cecil Rawls Library, stated the application has to be filed by August 3, however, the application may be withdrawn if necessary. Mr. Johnson continued saying the $636,000 grant will be split among two applicants and there is a good possibility this area will receive more than $200,000.. On motion of Supervisor Ross, the Board voted unanimously to authorize Mr. Johnson to go ahead with plans to apply for the grant because the Board plans to support the project this year. Supervisor Bailey moved the Town file the appliiation on August 3, 1987. The vote in favor was unanimous. // Planning Director Lewis presented the following conditional use permits for the Board's consideration: May 21, 1987 Page 29.6 1. The application of Stephen R. Nelson for a Conditional Use Permit to extend mobile home. approval for 36 additional months on one acre of land located on Route 684, in Hardy Magisterial District. No one appeared in favor or opposition. The Planning Commission voted. to recommend approval. Chairman Bradby moved the Board approve the Planning Commission's re- commendation and approve the application of Stephen R. Nelson for a Con ditional Use Permit to .extend his mobile home approval for 36 months on one acre of land located on Route 684 in Hardy Magisterial District. The motion carried unanimously. Supervisor Bradshaw was absent when the vote was taken.. 2. The application of L. W. and Nell D. Thacker-.for a Con- ditional Use Permit to locate a mobile home for their son, Donald Thacker, on two acres of land located on Route 626 in Hardy Magisterial District. No one appeared in favor or opposition. The Planning Commission recom- mended approval, said Mr. Lewis. Supervisor Bailey moved the Board approve the application of L. W. and Nell D. Thacker for a conditional use permit to locate a mobile home for their son, Donald Thacker, on two acres of land located on Route 626 in Hardy Magisterial District with the condition the mobile home be occupied only by Donald Thacker and his immediate family. The vote in favor was unanimous. Supervisor Bradshaw was absent when the vote was .taken. 3. The application of Richard P. Robinson, owner, and Richard P. Robinson, Jr., prospective owner, for a conditional use permit to locate a mobile home on approximately one acre of land located off Route 620 in Newport Magisterial District. No one. appeared in favor or opposition. Planning Director Lewis. stated the Planning Commission voted to recommend approval. On motion of Supervisor Ross, the Board voted unanimously to approve the application of Richard P. Robinson, owner, and Richard P. Robinson, Jr., prospective owner, for a conditional use permit to locate.a mobile home om approximately one acre of land located off Route 620 in Newport Magisterial District. Supervisor Bradshaw was absent when the vote was taken. 4. The application of Steven Beaumont for a conditional use permit to extend existing mobile home approval for 36 additional months on 5.825 acres of land located on Route 624 in Hardy Magisterial District. No one appeared. in favor or opposition. The Planning Commission voted to recommend approval, stated Mr. Lewis. Supervisor Bailey moved the Board approve the application of Steven Beaumont for a conditional use permit to extend the existing mobile home approval for 36 additional months on 5.825 acres of land located on Route 624 in Hardy Magisterial District.. The motion in favor was unanimous. Super- visor Bradshaw was absent when the .:vote was taken. 5. The application of Willie Harris, Sr. for a conditional use. permit to locate a mobile home for his son,. Willie Harris,. Jr., on 2:8 acres o'f land located on`Route 62.1 in Hardy Magisterral District. No one appeared in favor or opposition. The Planning Commission recom- mended approval, said Mr. Lewis. Supervisor Ross moved the Board accept the Planning Commission's recom- mendation and approve the application of Willie Harris, Sr. for a conditional use permit to locate a mobile home for his son, Willie Harris, Jr., on 2,8 t May 21, 1987 Page 297 acres of land located on Route 621 in Hardy Magisterial District. The motion carried unanimously.. On motion of Supervisor Ross, the Boad voted unanimously to approve the Thomas Park Bill Register in the amount of $517.48. Dr. A. C. Rogers, member of the Isle of Wight Parks & Recreation .Facilities Authority, stated the Authority had adopted a resolution at their April 16, 1987 meeting to present to W. B. Owen in recognition for all his cooperation, kindness and assistance during his tenure as County Administrator. // Acting County Attorney Jones informed the Board they needed to set the tax rates for the tax levy ordinance to be advertised for public hearing on June 18, 1987. Chairman Bradby stated the Finance Committee recommended the following for the proposed 1987-88 budget: total operating budget being $22,264,210, capital project budget $1,055,250 and the following tax levies: real estate - 76G per hundred; machinery and tools - 93G per hundred; farm machienry - 93~ per hundred; boats - $1.00 per hundred and personal property. $4.50 per hundred. On motion of Supervisor Ross, the Board voted unanimously to publish the notice of the proposed 1987-88 budget for public hearing at the June 18, 1987 Board meeting with the total operating budget being $22,2b4,210, capital pro- ject budget $1,055,250, and the following tax levies: real estate - 76C per hundred; machinery and tools - 93C per hundred; farm machinery - 93C per hundred; boats - $1..00 per hundred and. personal property - $4.50 per hundred. On motion of Supervisor Ross, the Board voted unanimously to increase com- pensation for the Planning Commission members to $100 per month for attending two meetings and members who fail to attend both meetings be compensated accordingly. Acting County Attorney Jones presented .the following tax refunds as re- commended by Gerald H. Gwaltney, Commissioner of Revenue and approved by Woodrow Crook, Jr., County Attorney: John N. Stephens and Joseph A. Stephens - due a refund for personal pro- perty taxes paid in 1985 in the amount of $49.50. Ann S. Jones - due a refund for real estate taxes paid second half 1985- 1987 in the amount of $50.15. Helen L. Butterworth - due a refund for real estate taxes paid in 1984 and first half 1985 in the amount of $22.95. James D. Harrington- due a refund for real estate taxes paid in second half 1984-1985 in the amount of $65.45. C. R. Outland, Jr. - due a refund for real estate taxes paid in 1986 and 1987 in the amount of $21..22. Supervisor Ross moved the Board approve the tax refunds a-s requested by Gerald H. Gwaltney, Commission of Revenue and recommended by County Attorney Crook. The motion passed unanimously. On motion of Supervisor Bailey, the Board voted unanimously to table action on the proposed James River Basin Water Supply Plan resolution until. the June 4, 1987 meeting. Acting County Attorney Jones informed the .Board members the case of Isle of Wight County vs. Irving Baines, Sheriff, and the City of Suffolk suit will be heard June 9, 1987 at 10:00 A.M. in the Circuit Court in Suffolk regarding the existing order being. extended to take Isle of Wight County May 21, 1987 Page 298 prisoners into the City of Suffolk jail and the limit of 25 prisoners be renewed. Acting County Attorney Jones informed the Board members that County Attorney Crook would have the proposed ordinance to allow the county to pro- rate peresonal property taxes ready for consideration at the June 4th meeting. // Acting County Administrator Byrum introduced Cy Coiner, Blue Cross/Blue Shield representative, who delivered a presentation to the Board regarding the Blue Cross/Blue Shield insurance and options for County employees. Mr. Coiner stated the County had paid a total of $143,316 in premiums last year and a total of $288,053.48 had been paid out in claims. Therefore, it is necessary for the premiums to be higher during 1987-88, said Mr. Coiner. Following discussion, Chairman Bradby moved the Board continue participat- ion with Blue Cross/Blue Shield for the County employees in 1987-88. The premiums are as follows: employee only $96.56 as compared to $75.00 in 1986-87, employee and one minor $131.78 as compared to $113.53 in 1987-88; employee and family $222.68 as compared to $194.34 in 1987-88 and carve out $70.36 as com- pared to $54.01 in 1987-88. The motion passed by unanimous vote of the Board. Ann S. Jones, attorney representing the Tidewater Brandermill Associates, informed the Board. members her client was not ready to discuss the project. However, she would like to make a formal report at the June 4th Board of Supervisors meeting and if at that time he is still not interested she will so advise. On motion of Supervisor Bailey, the Board voted unanimously to authorize the Acting County Administrator to sign the Department of Higwhays and Trans- portation Resolution for matching funds and return same to the Department of Highways and Transportation by June 1st conditioned on review and approval of the County Attorney. Supervisor Ross moved the Board approve payment 4~5, in the amount of $95,647.99, to Henderson, Inc. for construction on the courthouse addition. The motion passed unanimously. On motion of Supervisor Bradshaw, the Board voted unanimously to extend the present audit contract with Robinson, Farmer, Cox Associates for another year at a cost of $15,000. Supervisor Ross moved the Board approve the budget transfer request of the Planning Department to purchase a Panasonic word processor. The motion passed unanimously. Supervisor Ross moved the Baord grant the request of the Building Official to transfer $501.00 from line item 3401-5413 to 3401-7002 and $286.00 from .line item 3401-1010 to 3401-7002 to supplement funds for the purchase of a Panasonic Displaymate (typewriter with screen and disc drive) and a maintenance contract. The vote in favor was unanimous. On motion of Supervisor Bailey, the Board voted unanimously to approve the budget transfer request of Acting County Administrator to transfer. $1,000 from full-time salaries to part-time salaries for help needed in the County Administrator's office. Supervisor Bailey moved the Board approve the employment of an additional person in the County Administrator's Office at grade 3B with an annual salary of $9,462, effective June 15, 1987. The motion passed unanimously. ~J May 21, 1987 Page 299 // On motion of Supervisor Bailey, the Board voted unanimously to approve the General Fund Bill Register, as amended. // Supervisor Bailey informed the Board members the bids for the construct- ion of the Carrsville Volunteer Fire Department had been opened and the Bulid- ing Committee recommended the Board accept the second lowest bidder's, J. R. Wills & Son, bid at a cost of $289,474. Mr. Wills will finish the building 20 days earlier than the lowest bidder stated in his bid, said Supervisor Bailey. Acting County Attorney Jones stated, "I must point out to you that the Virignia Public Procurement Act controls the bidding process when the con- struction of a building or improvements to *_he building exceeds $10,000. The bid;. advertisement reserves the right by the County to reject any and all bids and to waive informalities. The waiver of informalities does not apply to a particular code section of the Virginia Procurement Act which says you must comply with that act which the bottom line is you have to accept the lowest bid if it is from a responsible bidder. The responsible bidder is one who has submitted a bid which performs in all material respects to the invitation to bid. The contract exceeds $10,000 so the Public Procurement Act controls". W. B. Owen, Assistant to the Acting County Administrator, asked doesn't the time element of the contract have some bearing, the number of days for the completion of the project. Supervisor Bradshaw expressed concern as to why the Board had to accept the lowest bid and hire a contractor which had caused a lot of problems in the past. Again Mrs. Jones read, "Unless canceled or rejected,a responsible bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the public body may negotiate with teh apparent low bidder to obtain a contract price within available funds and provide a mechanism above that. Now, you can find that the lowest bidder is not a responsible bidder. To give you the statutory definition of responsible bidder - shall mean a person who has the capacity, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance, and who has been prequalified, if required. I don't think there was any prequalification requirements". Robert Beale, Chairman of the Building Committee for the Fire Department at Carrsville, said, "Do I understand you saying, Mrs. hones, that we have to accept Riddick's offer due to the fact it is $9,000 lower than Mr. Wills and he has previsouly done work for the County and had to be called back time and time again? He will not satisfy his work." Mr. Beale continued saying, "I don't see where the County can deal with a man that has already put them through the ropes one time and one building and the County was not satisfied with his workmanship before". Supervisor Bailey commented, "Not only that building, but he worked on the fire department building in Smithfield and that wasn't done properly". Mr. Owen commented the completion date was considerably longer than the contract date on the Windsor Rescue Squad building. Page 300 May 21, 1987 Mr. Beale stated he felt like witr~ Mr. Bailey's job, he has had in the past being a building inspector, he would recognize the problems run against. He is saying the problems we have had in Windsor, 1 feel like he has made the best recommendation for the Board. I'm no expert of building contractors, but I know enough about buildings that I think Mr. Bailey would lead. us in a straight path, said Mr. Beale.. Mrs. Jones replied,."Of-course he will, but the requirements of state law supersede a lot of things. Let me explain. This contract is in excess of $10,000. This act applies. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted. You have to find two things - that it's the lowest bid and that he is a responsible bidder. The code defines a responsible bidder to be, I repeat this because if you are going to accept a bid that is not the. lowest you must also make a finding that the man is not a responsible bidder for the contract, whoever is the lowest bidder.. Responsible bidder shall mean a person. who has the capability, in all respects, to perform fully the contract requirements and the moral. and business integrity and reliability which will assure good faith performance, and. who has been prequalified, if required." Supervisor Bradshaw stated, "Well, I can say this much when they poured that rescue squad, I went there and the cement was cracked. I don't think they ever fixed it, it's cracked all over. They ain't never fixed it. I met with the engineer". Mrs. Jones advised the Board members that if they were going to reject the lowest bid, state for the record the reason why you think the lowest bid is not a responsible bidder as defined by the Public Procurement Act. We don't want to get into a suit or anything here, but you must, you must make that determination. Supervisor Bailey commented the County has worked with this contractor, the Town of Smithfield worked with him on the fire department building. The contract calls for a superintendent for the entire job. The contractor was penalized because the building was not completed within the promised time frame, said Supervisor Bailey. With reference to the Windsor Rescue Squad Building the concrete cracked like an egg shell throughout the building and the engineer on that was just as incompetent as the contractor because he says there isn°t anything wrong with the.. concrete. Discussion continued and Mrs. Jones informed the Board members that she was involved in representing the lowest bidder in another jurisdiction and he didn°t get the contract.. It took a telephone call, a letter and a visit to get the contract, but I think in that case the Board did not make a finding that he was not a responsible bidder, .said. Mrs. Jones. Chairman Bradby asked, "What is the pleasure of the Board concerning the recommendation from the Building Committee?" Supervisor Bradshaw moved the Board. accept the bid of J. R. Wills & Son, in the amount of $289,474, to construct the Carrsville Volunteer Fire Department due to the fact the lowest bidder, J. R. Riddick & Sons, is .felt not to be a responsible bidder as defined in Section 11-37 of the Code of Virginia. The vote in favor was unanimous. // On motion of Supervisor Bailey, the Board voted unanimously to table .the May 21, 1987 Page 301 remainder of the agenda .until the June 4, 1987 Board of Supervisors meeting. // At 11;40 P.M. Supervisor Ross moved the meeting be adjourned, which passed by unanimous vote of .the Board. Henry H. Bradby, Chairman ~1 „~~ > ~.~f~.J ierk ~~. ,~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HF~,D 'rHE FOURTH DAY OF JUNE IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H. Bradby, Chairman C. Fred Bailey, Vice Chairman Joel C. Bradshaw, Jr. Thomas L. Ross Richard L. Turner Also. attending: H. Woodrow Crook, Jr., County Attorney Juanita L. Byrum, Acting County Administrator Terry D. Lewis, Planning Director Donald Bernd, Public Works Director W. B. Owen, Assistant to Acting County Administrator Betty Scott, Secretary Chairman Bradby called the meeting to order at 2:00 P.M. The invocation was given by Superivsor Bradshaw. // R. W. Coates, Resident Engineer, Department of Highways and Transportat- ion, stated he had a resolution for the Board's consideration regarding the abandonment and discontinuance of secondary systems and roads that need to be taken into the system. Supervisor Ross moved the Board adopt the re- solution. The motion carried unanimously. A RESOLUTION REQUESTING THE DISCONTINUANCE, ABANDONMENT AND ADDITION OF THE STATE SECONDARY ROAD SYSTEM WHEREAS, Secondary roads have been altered, and a new road has been constructed and approved by the Commissioner of the Virginia Department of Transportation, which new road serves the same citizens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on a sketch titled "Changes in Primary and Secondary System Due to Relocations and Con- struction on Route 58, Project 0058-061-110,C501, RW201; 0058-046-105, C501, RW202", dated in Richmond, VA, December 20, 1986. NOW, THEREFORE, BE IT RESOLVED: That the Board recommends that section of Secondary System, i.e., Section 16 shown on Blue on the aforementioned sketch, a distance of .038 miles, be, and hereby, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virgniia of 1950, as amended. AND FURTHER, that Sections 9, 10, 12, 13, 15,'17, 31 and 8, of that portion in Isle of Wight County, shown in yellow on the aforementioned sketch, a total distance of 1.633 miles to, and hereby, discontinued as a public road'in the Secondary System of the State highways, pursuant to Section 33.1-150 of the Code of Virginia of 1950, as amended..