01-21-1988 Regular Meeting~f
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY FIRST DAY OF JANUARY IN THE YEAR
NINETEEN HUNDRED EIGHTY EIGHT
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steve W. Edwards
Thomas L. Ross
Richard L. Turner (7;21 p,M.)
Also attending; H. Woodrow Crook, 3r., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Kenneth L. Chandler,. Assistant to the
County Administrator
Hilda W. Harmon, Budget and Finance
Coordinator
Betty Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00
P.M. The invocation was given by Supervisor Ross.
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The Chairman called for a public hearing on the
following request:
The request of Thomas L. Harris for
a pawnbroker's license to operate a
pawn shop at Route d, Box 985,
Windsor, Virginia, in Harris' Gun
Shop which is located on the south
side of Route 460, in Windsor
Magisterial District.
Carl Eason, Jr., attorney representing the applicant,
stated the applicant wishes to make application for a
pawnbroker's license pursuant to Virginia Code Section
54-841 in compliance with an order dated November 24, 1987
entered by the Circuit Court of Isle of Wight County
authorizing the County to issue a license to exercise and
carry on the business of a pawnbroker to Mr. Harris. Mx,
Eason stated his client, Thomas L. Harris, was present.
County Attorney Crook asked Attorney Eason where the
business would be located, to which Attorney Eason answered,
"At the intersection of Route 460 and Route 635.,
approximately 1 1/2 miles southeast of Windsor going toward
Suffolk". County Attorney Crook asked Attorney Eason if the
Property was zoned commercial and. Attorney Eason answered,
"Zoned B-1°.
On motion of Supervisor Bradshaw, the Board 'voted
unanimously (4-0) to approve the request of Thomas L. Harris
for a pawnbroker's license to operate a pawn shop at Route
1. Box 985, Windsor, Virginia, in Harris' Gun Shop which is
located on the south side of Route 460, in Windsor
Magisterial District. (Supervisor Turner was not present.)
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Fred Thompson, Windsor District citizen, commended the
Board of Supervisors for the action and decisions taken at
their January 7, 1988 Board meeting. Mr. Thompson also
expressed concern as to his lack of notification of being
replaced on the Parks and Recreational Facilities Authority.
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County Attorney Crook informed the Board members that
Planning Director Lewis was not present due to illness and
Chairman Bradby had asked him to present the Planning
Commission report.
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County Attorney Crook asked for the Board's
consideration on the following conditional use permit
application:
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The application of Bobby .James Byrum
fora conditional use permit to locate
a mobile home for his daughter, Susanna
B. Presson and husband, on 23.79 acres
of land located on Route 603, in
Windsor Magisterial District.
County Attorney Crook stated the applicant is seeking a
permit that will allow a mobile home to be placed on
property for occupancy by his daughter, Susanna B. Presson
and her husband. Mr. Crook continued stating there was no
opposition at the Planning Commission meeting and the
Planning Commission voted unanimously to recommend approval.
No one appeared in favor or opposition.
Supervisor Ross moved the Board accept the
recommendation of the Planning Commission and approve the
application of Bobby James Byrum for a conditional use
permit to locate a mobile home for his daughter, Susanna B.
Presson and her husband, on 23.79 acres of land located on
Route 603,, in Windsor Magisterial District, with the.
condition the mobile home be occupied only by Susanna B.
Presson and her immediate family. The motion passed
unanimously (4-0). (Supervisor Turner was not present.)
County Attorney Crook asked for the Board's
consideration. of the following subdivision plat:
Plat showing "Ce-Barb Acres", a
nine lot subdivision located on
Routes 258 and 641 in Windsor
Magisterial District.
The site is located on Routes 258 and 641 and the
proposed subdivision of nine lots is surrounded by newly
built homes, along Routes 258 and 641, with several modest
built two-story frame houses in the vicinity, said County
Attorney Crook. The Department of Highways and
Transportation has reviewed and approved the plat, said Mr.
Crook. Mr. Crook also stated the plat has been reviewed by
the Health Department. Mr. Crook continued stating there
was no opposition at the Planning Commission meeting and the
Planning Commission voted unanimously to recommend approval.
Supervisor Edwards moved the Board approve the plat
showing "Ce-Barb Acres", a nine lot subdivision located on
Routes 258 and 641 in Windsor Magisterial District. The
vote in favor was unanimous (4-0). (Supervisor Turner was
not present.)
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County Attorney Crook informed the Board members .that
at their request he had reviewed the insurance coverage for
the Board of Supervisors and the Board's coverage is
$1,000,000 with $5,000 deductible. County Attorney Crook
recommended the Board of Supervisors' liability insurance
coverage be increased to $2,000,000 and stated the coverage
would not apply to the case presently per_ding in the Federal
Court. Supervisor Bradshaw moved the Board comply with Mr.
Crook's recommendation and increase the Board of Supervisors
insurance coverage to $2,000.000. The motion carried
unanimously (4-0). (Supervisor Turner was not present.)
County Attorney Crook informed the Board members there
had been some question as to the legality of Supervisor
Edwards replacing C. Fred Bailey on the. Social Services
Board. County Attorney Crook stated it was legal as the
applicable statute provides that when a member of the
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governing body's term of office ends on the Board of
Supervisors it will also end his term on the Welfare Board.
County Attorney Crook stated he had so informed Mrs. Bean,
Director of Social Services, relative to the appointment.
County Attorney Crook also stated he had discussed this with
Mr. Bailey and he understands same.
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County Administrator Standish informed the Board that
W, Douglas Caskey, Assistant County Administrator/community
Developmer_t, would present a brief report regarding the City
of Norfolk pumping water in the Ennis Mill Run area.
Mr. Caskey reproted that since 1942, the City of
Norfolk has utilized Ennis Mi11.Run for the transfer
of water from the Blackwater and Nottoway Rivers to
the Lake Prince Reservoir in Suffolk. The movement of
water is accomplished via an aquiduct system
facilitated by pumping stations and
channelization. A topographic map is attached which
generally delineates the location and topography of
Ennis Mill Run.
Mr. Caskey stated that complaints .have .been raised by
various property owners related to the flooding of
adjacent land by the water transfer system operated by
the City of Norfolk and concern has been cited that
flooding along Ennis M~.11 Run is due to excessive
pumping by Norfolk and that such pumping capacities
have increased, particularly over the past decade.
Mr. Caskey stated that Andrew Henderson, resident on
the north side of U.S. Route 460 adjacent to the Run,
has indicated that problems associated with rising
water levels have occurred repeatedly since his
purchase of the property in 1968, Mr. Henderson
advised that .Norfolk's pumping can raise water levels
within the channel by as much as three and one half
feet and that pumping capacities-.seem to have
increased during recent years.. Mr. Henderson further
advises that as much as three acres of his ten acre
tract has been `covered by water backing up on his
property.
R. Edwin Blair, Director of Public Utilities, .City of
Norfolk, was contacted concerning this situation. Mr.
Caskey stated he had advised him that he was'
investigating this matter in an attemgt to determine
any association between pumping activities by the City
of Norfolk and the occurrence. of rising water levels
along the stream.
Mr. Caskey stated that Mr. Blair indicated that
flooding along the-Ennis Mill Run can be attributed to
the inundation of rainfall during the. region's "wet
season'°, resulting in an increased area of water
co•~erage. According to Mr. Blair, majority of this
area has been identified by the Corps of Engineers as
a hardwood swamp and, as such, water has a ponding
effect similar to a floodplain. Overall, natural
hydraulic conditions are sponsible for the
identifible flooding problems. Mr. Blair emphasized
that such conditions are seasonal, as evidenced by dry
weather conditions which significantly reduce the flow
of the stream..
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Supervisor Turner arrived at the Board meeting at 7:21
P.M.
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Mr. Casket' stated that in direct response to his
inquiries relative to Norfolk's pumping activities,. Mr.
Blair was adamant that the City has not increased its
flow from the Blackwater River. Mr. Blair stated that
the City is restricted by the very nature of the system
and that no more water is currently being pumped than
was similarly pumped in 1942. In summarizing the
City's pumping measures, Mr.Blair advised that the
pumping system operates when .the Lake Prince Reservoirs
fall below 90$ capacity. The pumps are now operating
because the City's impoundments are at 75~ capacity.
Mr. Blair further indicated that between twelve and
forty.-five million gallons of water .per day are pumped
during such occurrences with an average daily movement
of thirty ,million gallons per day.
Mr. Casket' further stated that Mr. Blair did
acknowledge that the various pumps within the
transfer system have been replaced during the past
decade, but such maintenance and parts replacement have
not resulted in any increase in flow volumes. When
asked if he or his representatives would be willing to
meet with the Board of Supervisors for purposes of
clarifying the City's position, Mr. Blair advised that
certainly Norfolk would welcome the opportunity.
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Mr. Casket' stated that concerning the question of
litigation on the part of individual property owners,
Mr. Blair stated he was not aware of any current
litigation and that the City was working towards
mitigating complaints with several property owners
through the acquisition of property along the existing
stream right-of-way. Mr. Casket' reported that Mr.
Henderson has, however, retained legal counsel and Mr.
Henderson requested that the City of Norfolk provide
a response by March 1, 1988 which addresses his
specific complaints and concerns.
Determination of actual increases in the system's
pumping capacities will require research of historical
flow volumes, as metered, and available water use
records. Further, topographic conditions, stream
alignment and potential obstructions may warrant
consideration on the part of Norfolk of additional
easements or channelization.
Following discussion on Mr. Caskey's report, Supervisor
Edwards moved the County Administrator be directed to
request an official report from the City of Norfolk relative
to Ennis Mill Run and water pumping. The motion passed by
unanimous vote of the Board (5-0).
On motion of Supervisor-Turner, the Board voted.
unanimously (5-0) to adopt a resolution accepting and
appropriating a $50.00 contribution from the Smithfield
Junior Woman's. Club for the County Animal Shelter.
Supervisor Ross moved the Board. adopt a resolution
accepting and appropriating a $2,000 contribution from the
Camp Foundation for the Windsor Rescue Squad. The motion
passed unanimously (5-0).
Supervisor Turner moved the Board direct County
Attorney Crook to prepare the necessary ordinance amendment
to the Wetlands Ordinance to provide for charging a fee for
permit applications and same be advertised for a public
hearing to held at the Board of Supervisors' March 3, 1988
meeting. .The motion passed by unanimous vote of the Board
(5-0) .
As requested by County Administrator Standish, and on
motion of Supervisor Turner, the Board voted unanimously
(5-0) to direct the County Administrator to conduct two
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administrative public hearings on February 11,
and 4 P.M.D relative to the proposed house-to-house refuseM~
collection prior to the Board's public hearing on same
presently set for the February 18, 1988 Board meeting.
Supervisor Bradshaw requested a breakdown on the cost
of operating the refuse trucks, to include fuel costs,
drivers salaries, total spent on maintenance, insurance and
Standishfstatedbheewouldfprovideothesinformati Administrator
Supervisor Bradshaw. on for
County Administrator Standish informed the Board
members that the Southeastern Public Service Authority's
(SPSA) tipping fee for the regional landfill will be going
up 15$ - from $23.00 to $27.00 per load.
County Administrator Standish informed the Board
members of a telephone call he received from Senator Richard
J- Holland relative to proposed legislation regarding the
reduction of counties' taxing ability on livestock and farm
machinery.
Following general discussion and on motion of
Supervisor Edwards, the Board voted unanimously (5-0) to
PaultCouncillrexoressinor Richard J. Holland and Delegate J.
oPPose legislation reducingecountes'dtaxingnabilityoonlfarm
machinery and livestock.
County Administrator Standish stated he had two items,
personnel and contractual matters to be discussed in
executive session later during the meeting.
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On motion of Supervisor Edwards, the Board voted
unanimously (5-0) to direct County Administrator Standish to
research. the possibility and feasibility of requiring
subdivision developers (subdivisions containing 10 or more
houses) to provide estimates of costs and returns to the
County when application is submitted for the Board's
consideration.
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County Attorney. Crook informed the Board members he had
prepared the gratitude resolution for C. Fred Bailey and
asked that Mr. Bailey be asked to attend the Board meeting
in order to receive same.
On motion of Supervisor Bradshaw, the Board voted
unanimously (5-O) to ask Mr. Bailey to attend the February
4. 1988 Board meeting to receive his resolution.
County Attorney Crook also asked the Board if they
w~" Ld like for him to prepare a gratitude resolution for
-.... iff B. F. Dixon.
Supervisor Turner. moved the Board direct County
Attorney Crook to prepare a gratitude resolution to be
presented to Sheriff Dixon at the February 4, 1988 Board
meeting .and also ask Sheriff Dixon to be present. The vote
in favor was unanimous (5-0).
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Chairman Bradby moved that Bobby Bowser, 5 Crest
Circle, Smithfield, Virginia, be appointed to serve as a
member of the Planning Commission representing the Hardy
District. The vote in favor was unanimou
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hairman Bradby moved that John F. Wynne. be appointed
to serve another term as a member of the Isle of Wight
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County Public Service Authority. The motion passed by
unanimous vote of the Board (5-0).
Supervisor Edwards moved that Fred Thompson, Sr., Route
1, Windsor, Virginia, be appointed to serve as member on the
Planning Commission representing the Windsor District. The
motion carried unanimously (5-0).
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On motion of Supervisor Turner, the Board voted
unanimously (5-0) to approve the General Fund Bill Register.
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County Administrator Standish informed the Board
members the January 7, 1988 Board minutes were not ready
for their review.
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Supervisor Turner moved the Board go into executive
session for the purpose of discussing with legal counsel and
staff members personnel and contractual matters. The vote
in favor was unanimous (5-0). The Board went into executive
session at 8:15 P.M. and returned to open session at 9:55
P.M.
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County Administrator Standish recommended the Board
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direct him to advise the Isle of Wight Public Serv
ill contribute rental fees and
Authority that the Board w
building improvement costs to the Public Service Authority
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through June 30, 1988; specifically the $399 per month ren
f building improvement costs
and the $1500 pro-rata share o
ill be covered by the County on behalf of the Authority;
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insurance for any vehicles secured by the Authority may be
the direct
placed on the County's existing policy, however,
reimbursed to the County by
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cost of such insurance shoul
thority; employees benefits, including hospitalization
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insurance should be provided by the Authority and telephone
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service to the Authority office must be provided by t
Authority.
Supervisor Edwards moved the Board accept the
Standish relative to
recommendation of County Administrator
e Authority. The vote
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the Isle of Wight County Public Serv
in favor was unanimous (5-0).
On motion of Supervisor Turner, the Board voted
Administrator Standish to
unanimously (5-0) to direct County
ith Municipal Advisors,. Inc. relative to revising the
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Pay and Personnel Plan, to include a grievance procedure
plan, and report back to the Board.
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Chairman Bradby moved the Board approve the following
Board of Supervisors Committees for 1988:
FINANCE COMMITTEE: Henry H. Bradby
Richard L. Turner
UBLIC WORKS:
WATER, SEWER AND P
Edwards
St
eve W.
PUBLIC BUILDING: Thomas L. Ross
Joel C. Bradshaw, Jr.
PUBLIC SAFETY:. Thomas L. Ross
Richard L. Turner
PARKS AND RECREATION: Joel C. Bradshaw, Jr.
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.Our. l~ ~ ~ ~~!.
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Thomas L. Ross
PERSONNEL; Henry H. Bradby
Steve W. Edwards
TRANSPORTATION: Joel C. Bradshaw, Jr.
Richard L. Turner
SCHOOLS: Steve W.Edwards
Richard L. Turner
membersion passed by unanimous (5-0) vote of the Board
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At 9:55 P.M. Supervisor Ross moved the meeting be
adjourned, which passed unanimously (5-0).
enry H, ra by, Chairman
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