10-17-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF OCTOBER IN
THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Mark C. Popovich, County Attorney
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
At 5:00 p.m., Chairman Hall called the meeting to order and Supervisor
Darden provided the invocation and led the Pledge of Allegiance to the Flag.
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Under Approval of the Agenda, the following revisions to the agenda
were presented for the Board's consideration: Under the County Attorney's
report, add two (2) closed meeting items; under New Business, add a
discussion regarding a proposed proffer amendment relative to the Benns
Grant project; under Public Hearings, remove Item (C), the public hearing
regarding flood plain amendments to the Zoning Ordinance; under the
Consent Agenda, add consideration of a Perpetual Private Cemetery
Maintenance Agreement; move the Benns Church Intersection Improvements
discussion from Transportation Matters to Old Business; and under Special
Presentations, move Item (F) to immediately follow Item (A).
Following a request by Supervisor Darden for the removal of Item (F)
and a request by Supervisor Alphin for the removal of Item (G), Supervisor
Casteen moved that the agenda be adopted, as amended. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
Under Special Presentations /Appearances, Animal Control staff
presented dog available for adoption at the animal shelter.
Under the Small Business Close Up, the Board received a short
presentation from Smithfield Dental.
Gracie Tattem and Richard Campbell were presented with a "Saved by
the Belt" award by Lt. James Pope with the Isle of Wight Sheriff's office.
The Board was presented a plaque by the Director of Parks and
Recreation on behalf of the Boy Scouts of America Bayside District
Tidewater District for being allowed to host their Camporee at Heritage Park.
Messer's Terry, Post and Reader provided a presentation on learning
opportunities at Windsor Elementary School.
Danny Byrum, Interim Fair Committee Chairman, briefed the Board on
the record - breaking attendance at this year's County Fair. He credited the
significant contributions of the Committee and County volunteers for the
Fair's success.
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Under the Consent Agenda, the following items were presented for
consideration by the Board:
A. The application of the Isle of Wight County Board of Supervisors to
revoke Conditional Use Permit 04 -11 for Mr. Robert Johnson, for
Salvage Service on 0.11 acre of land located at 7211 Fire Tower Road
in the Carrsville Election District due to non - compliance with the
approved conditions.
B. Planning and Zoning (Permit) Technician for the Planning and Zoning
Department
C. Amendment to the FY2013 -14 Capital Budget
Resolution to Amend the FY2013 -14 Capital Budget
D. Social Services Building HVAC Replacement Phase 1
E. FY2014 Capital Budget Expenditure of Funds for Turner Drive
F. Ninety (90) Day Waiting Period for Position Vacancies (Removed by
Supervisor Darden under Approval of the Agenda)
G. VDOT Adopt -A- Highway Program (Removed by Supervisor Alphin
under Approval of the Agenda)
H. Section 8 Management Assessment Program Self- Certification
I. Quarterly Report on the Joint Monthly Meeting between Isle of Wight
County and Isle of Wight Schools
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J. Independent Accountant's Report on Applying Agreed -upon
Procedures — Isle of Wight County Sheriff's Office
K. Statement of Treasurer's Accountability
L. Monthly Report/Delinquent Tax Information
M. Schools FY2013 -14 Estimated Operational Results and Cash Flows
September 30, 2013
N. Fiscal Year 2013 -14 Monthly Financial Reports for County and
Schools
O. May 16, 2013 Regular Meeting Minutes
P. Perpetual Private Cemetery Maintenance Agreement (Added under
Approval of the Agenda)
Supervisor Casteen moved that the Consent Agenda be approved with
Items (F) as (G) being removed as requested by Supervisors Alphin and
Darden under Approval of the Agenda. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Regarding Item (F), Ninety (90) Day Waiting Period for Position
Vacancies, Supervisor Casteen moved that the item be postponed until the
Board's November meeting when the new County Administrator is on- board.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved to authorize the immediate hiring of the Fair
Coordinator and part-time Docent for the Historic Resources Division. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Regarding Item (G), VDOT Adopt -A- Highway Program, Jamie Oliver,
Transportation Planner, briefed the Board on the VDOT program.
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Under Regional Reports, Jamie Oliver, Transportation Planner, advised
that she attended the most recent meeting of the Hampton Roads
Transportation Planning Organization (HRTPO) meeting on behalf of
Supervisor Darden. She advised that the TPO had discussed the allocation of
$9 billion in new Hampton Roads transportation funding which must be
applied to regionally significant projects, has a minimum threshold of a
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project cost of $100 million and are federally eligible under the newly
approved *legislation. She advised that a new list was approved for
consideration which includes the widening of I -64 in segments to
Williamsburg and both portions of the Third Crossing.
Chairman Hall reported that historically the Western Tidewater Jail had
received $65 daily per Federal inmate housed at the Jail. She advised that in
an effort to lessen the financial impact to the Jail from the loss of prisoners
now being sent to the City of Virginia Beach, the Jail has lowered its daily
rate to that being charged by the City of Virginia Beach. She advised that
lobbying efforts are currently underway with respect to procedural changes
and it is anticipated that the County will have to pay in the range of $100,000
to $3003000 this year to the Jail. She advised that the Jail Superintendent
intends to address the Board on this issue at the Board's November meeting.
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Under Transportation Matters, Joe Lomax, VDOT Administrator,
advised that the James River Bridge stud replacement project is complete;
VDOT will be building a right -turn lane at King's Cove Way; paving
projects in Windsor have been placed in the schedule; the grass along Routes
17, 10 and 258 have been sprayed; Route 680 will be partially closed next
week, but traffic will be flagged through.
Mr. Lomax distributed a listing of all County bridge replacements. He
advised that Gatling Pointe North will be repaved in the spring and repairs to
Turner Drive are being developed with respect to the existing condition of
the pavement and ponding of water at the school turn lane.
Responsive to a concern expressed by Supervisor Bailey, Mr. Lomax
offered to assist with the removal of debris along Nike Park Road.
Responsive to Supervisor Alphin's request for the installation of
additional culverts in the Walters community, Mr. Lomax recommended that
County staff request $350,000 in funding at the VDOT allocation hearing for
primary road projects.
Responsive to a request by Supervisor Alphin for "No Thru Truck"
signs on Fire Tower Road, Mr. Lomax referred to a State statute for no thru
trucks which addresses alternate routes with respect to cut through drivers,
but not farming trucks. He commented that he would send Ms. Oliver
information for the Board's consideration.
Ed Easter, 1224 Yellow Rock Road, recognized General Services' staff
and VDOT staff who work at the VDOT facility on Waterworks Road for
maintaining Yellow Rock Road and Hideaway Lane prior to the paving of
these roadways.
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Under Citizens Comments, Stan Murrell submitted his resignation as
the Main Stage Chairman of the Isle of Wight County Fair. He addressed his
concern with the recent resignations of key Fair Committee members who are
feeling betrayed by the Board.
Mike Stephens, former Chairman of the Fair Committee, publicly
recognized the Fair Committee members for their significant contributions.
He advised that he has submitted his resignation from the Isle of Wight
County Fair Committee and is submitting his resignation from the
Blackwater Regional Library Board.
Jeff Stakes, Motor Sports Director for the Isle of Wight County Fair,
advised that he will be submitting his resignation from the Fair Committee at
the Committee's next meeting.
Albert Burckard, on behalf of the Carrollton Civic League, addressed
the Board regarding the Isle of Wight County code as it pertains to septic
tank pump out requirements which do not follow the State code. He stated
that the cost of pump out is a burden on some County residents.
Sharon Hart addressed the Board regarding the requirements of the
County's septic pump out program.
Joe Hoffstettler of O'Meara Drive cited safety concerns with members
of Profound Crossfit running in the neighborhood and requested the Board to
take action requiring that they train onsite.
Larry Johnson expressed his concern with the safety of Profound
Crossfit members running in the neighborhood.
Attorney Archer Jones, representing Clay Sawyer (landlord of
Profound Crossfit) and Chris and Heather Walburn, owners of Profound
Crossfit stated that O'Meara Drive is a public place in which people have a
right to walk, run or drive.
Steve Haley of Titus Creek distributed a copy of the State statute
regarding the County's pump out program.
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Under Board Comments, Supervisor Bailey commented on the
unfairness of Mr. Hoffstettler's comments under Citizens Comments in
which Mr. Hoffstettler had alluded that Profound Crossfit is partially
responsible for the recent abduction of a child in Carrollton.
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Supervisor Alphin acknowledged Mike Stephens and Stan Murrell's
contributions with the Fair for the last ten (10) years. He stated that the way
in which their relationship with the Fair ended is unfortunate.
In an effort to make the County's septic tank pump out ordinance more
user friendly and bring it more into compliance with the State code,
Supervisors Alphin and Darden requested staff to bring a recommendation
back to the Board at its November or December meeting.
Responsive to Supervisor Alphin, County Attorney Popovich
addressed the concerns voiced by Messrs. Hoffstettler and Johnson under
Citizens Comments. He advised that O'Meara Drive is a public right -of -way
owned by VDOT and that the County has no authority over such public
rights -of -way. He advised that he has spoken with Ms. Oliver relative to the
installation of a bike pedestrian lane or sidewalk. He advised that this is a
law enforcement issue and the Board has no legal recourse.
Ms. Oliver advised that a VDOT conducted safety study had revealed
that the road's speed limit is appropriately posted at a low rate of speed; that
the road is of a wide width and that it is being used in a safe manner. She
stated that staff has investigated the feasibility of a bike /pedestrian lane
stripe, which was not pursued based on the existing safe traffic pattern. She
offered to talk with VDOT again about the lane stripping.
Under the County Attorney's Report, County Attorney Popovich
briefed the Board regarding the Attorney General's opinion that there is no
violation of the deed for the Fort Boykin /Jordan house and would have no
interest in taking the property back.
County Attorney Popovich represented a request for a tax refund in the
amount of $4,399.85.
Supervisor Darden moved that the County Attorney be authorized to
sign the request approving a refund in the amount of $4,399.85. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
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Under PUBLIC HEARINGS, Matthew Smolnik, Assistant Director of
Planning and Zoning, represented the following application:
A. The application of Carroll E., Jr. and Dianna M. Keen, owners and
applicants, for a change in zoning classification from Rural
Agricultural Conservation (RAC) to General Commercial (GC) of
approximately 5.7 acres of land, located at 16441 Benns Church
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Boulevard (Rt. 10/32) in the Windsor Election District. The purpose of
the application is to apply commercial zoning to an existing developed
property historically used for business purposes.
Chairman Hall opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Bailey moved that the application of Carroll E., Jr. and
Dianna M. Keen be approved. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
Richard Rudnicki, Planner, represented the following application:
B. The application of Dominion Power, owner, for a Conditional Use
Permit on 3.32 acres of land located at 16365 Benns Church Boulevard
in the Windsor Election District. The purpose of the application is to
allow for a Utility Service, Major to be operated on the site.
Chairman Hall opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
Max Bartheumuel, Regional Manager for State and Local Affairs,
Virginia Dominion Power, requested the Board's approval of the application.
Nadea Munis, Transmission Engineer, Virginia Dominion Power,
provided a technical overview of the application involving the Benns Church
Substation and the associated waiver request.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Casteen moved that the application of Dominion Power be
approved. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
The following Ordinance was removed under Approval of the Agenda:
C. Ordinance to amend and reenact the Isle of Wight County Code by
amending and reenacting Appendix B, Zoning, Section 2 -1002, entitled
"Basic Definitions ", Section 6 -4002, entitled "Designation of the
Floodplain Administrator ", Section 6 -4003, entitled "Submitting
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technical data ", Section 6 -4007, entitled "Penalty for Violation ",
Section 6 -4008, entitled "Permit required ", Section 6 -4009, entitled
"Use regulations" Section 6 -4010, entitled "General provisions"
Section 6 -4011, entitled "Special standards and requirements" Section
6 -4012, entitled "Variances ". Section 6 -4013, entitled "Existing
structures in Floodplain Management District" for the purpose of
updating the Floodplain Management District regulations and
associated definitions was removed under Approval of the Agenda.
County Attorney Popovich represented the following Ordinance to
incorporate a new Section 1 -12 that would formally authorize the Human
Resource Office to perform background checks for applicants for
employment with the County:
D. An Ordinance to Amend and Reenact the Isle of Wight County Code
Chapter 1. General Provisions
Chairman Hall opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Darden moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 1. GENERAL PROVISIONS.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has deemed it necessary to update its current ordinances in order to
more clearly set forth local ordinances for the benefit of the public, to correct
inaccuracies and to clarify any inadvertently omitted provisions;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 1. General Provisions. of the Isle of Wight
County Code be amended and reenacted as follows:
CHAPTER 1. GENERAL PROVISIONS.
Sec. 1 -1. How Code designated and cited.
The ordinances embraced in this and the following chapters and sections
shall constitute and be designated "The Code of the County of Isle of Wight,
N.
Virginia" and may be so cited. These ordinances may also be cited as "The
Isle of Wight County Code."
For state law as to authority of board of supervisors to codify all of its
ordinances in permanent, loose -leaf form, see Code of Va., § 15.2-1433.
As to admissibility of Code in evidence, see Code of Va., §§ 8.01 -386,
15.2 -1433.
Sec. 1 -2. Definitions and rules of construction.
In the interpretation and construction of this Code and of all ordinances of
the county, the following definitions and rules of construction shall be
observed, unless they are inconsistent with the manifest intent of the board of
supervisors or the context clearly requires otherwise:
Board of supervisors. \Whenever the term "board of supervisors" is used,
it shall be construed to mean the board of supervisors of the County of Isle of
Wight.
Commonwealth; state. \The words "the commonwealth," "this
commonwealth," "the state" or "this state" shall mean the Commonwealth of
Virginia.
Computation of time. \The time within which an act is to be done shall be
computed by excluding the first and including the last day; and if the last day
is Sunday or a legal holiday, that day shall be excluded.
For state law as to computation of time within the meaning of state statutes,
see Code of Va., § 1 -210.
County. \The words "the county" or "this county" shall mean the County
of Isle of Wight in the Commonwealth of Virginia.
Following. \The word "following," when used by way of reference to any
section or sections in the Code, shall be construed to mean next following
that in which such reference is made.
Gender.\A word importing the masculine gender only may extend and be
applied to females and to corporations as well as to males.
For similar state law definition, see Code of Va., §§ 1 -216, 2.2 -3901.
Health officer; county health officer; health director. \The terms "health
officer," "county health officer" and "health director" shall mean the public
health officer of the county or representative of the state board of health
serving this county.
Month. \Unless otherwise expressed, the word "month" shall be construed
to mean a calendar month.
For similar state law definition, see Code of Va., § 1 -223.
Number.\A word importing the singular number only may extend and be
applied to several persons or things, as well as to one person or thing; and a
word importing the plural number only may extend and be applied to one
person or thing, as well as to several persons or things.
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For similar state law definition, see Code of Va., § 1 -227.
Oath. \The word "oath" shall be construed to include an affirmation in all
cases in which by law an affirmation may be substituted for an oath.
For similar state law definition, see Code of Va., § 1 -228.
Occupant. \The word "occupant," applied to a building or land, shall mean
any person who holds a written or oral lease of or actually occupies the whole
or a part of such building or land, either alone or with others.
Official time standard. \Whenever particular hours are specified in this
Code relating to the time within which any act shall or shall not be performed
by any person, the time applicable shall be official standard time or Daylight
Saving Time, whichever may be in current use in the county.
Or; and. \ "Or" may be read as "and," and "and" may be read as "or," if the
sense so requires.
Owner. \The word "owner," applied to any property, shall include any part
owner, joint owner, tenant in common, joint tenant or tenant by the entirety,
of the whole or a part of such property.
Person. \The word "person" shall include a firm, partnership, association
of persons, corporation, body politic, organization or any other group acting
as a unit, as well as an individual.
For state law definition of "person" as used in statutes, see Code of Va., § 1-
230.
Police officer. \The term "police officer" shall include the sheriff and his
deputies, state police officers, United States marshals and their deputies, and
all other law enforcement officers having authority to make arrests, but shall
not include private citizens who may make arrests under the common law for
felonies and breaches of the peace committed in their presence.
Preceding. \The word "preceding," when used by way of reference to any
section or sections in this Code, shall be construed to mean next preceding
that in which such reference is made.
For similar state law definition, see Code of Va., § 1- 13.235.
Property. \The word "property" shall mean real, personal or mixed
property.
Public grounds. \The words "public grounds" shall mean the parks and all
public lands owned by the county, and those parts of public places which do
not form travelled parts of streets as defined in this section.
Road; highway. \The words "road" and "highway" shall have the same
meaning as the word "street" as such word is defined in this section.
Shall. \The word "shall" shall be mandatory.
Sidewalk. \The word "sidewalk" shall mean any portion of a street
between the curb line, or the lateral lines of a roadway where there is no curb,
and the adjacent property line intended for the use of pedestrians.
State. \See "commonwealth."
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Street. \The word "street" shall include avenues, boulevards, highways,
roads, alleys, lanes, viaducts, bridges and the approaches thereto, and all
other public thoroughfares in the county, and shall mean the entire width
thereof between abutting property lines.
Swear; sworn. \The word "swear" or "sworn" shall be equivalent to the
word "affirm" or "affirmed" in all cases in which by law an affirmation may
be substituted for an oath.
For similar state law definition, see Code of Va., § 1 -250.
Treasurer. \The treasurer of the county or other officer designated by law
to collect taxes in the county.
Written; in writing. \The words "written" and "in writing" shall include
typewriting, printing on paper and any other mode of representing words,
letters and figures.
Year. \The word "year" shall mean a calendar year.
All words, terms, etc., not defined in this section or elsewhere in this
Code shall be construed as provided in the Code of Virginia.
For rules of construction of state statutes, see Code of Va., § 1 -202.
Sec. 1 -3. Catchlines of sections.
The catchlines of the sections of this Code are intended as mere
catchwords to indicate the contents of the sections and shall not be deemed or
taken to be titles of such sections, nor as any part of any section, nor, unless
expressly so provided, shall they be so deemed when any section, including
its catchline, is amended or reenacted.
For similar state law as to headlines of sections of the Code of Virginia, see
Code of Va., § 1 -217.
Sec. 1 -4. Provisions considered as continuations of existing ordinances.
The provisions appearing in this Code, so far as they are substantially the
same in substance as those of the ordinances included herein shall be
considered as continuations thereof and not as new enactments.
Sec. 1 -5. Repeal not to revive former ordinances.
When an ordinance which has repealed another shall itself be repealed,
the previous ordinance shall not be revived without express words to that
effect.
For similar state law applicable to statutes, see Code of Va., § 1 -248.
Sec. 1 -6. Severability of parts of Code.
If any part, section, subsection, sentence, clause or phrase of this Code is
for any reason held to be unconstitutional or invalid by the valid judgment of
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a court of competent jurisdiction, such unconstitutionality or invalidity shall
not affect the constitutionality or validity of the remaining parts, sections,
subsections, sentences, clauses or phrases of this Code.
Sec. 1 -7. General penalty.
(a) Wherever in this Code or in any ordinance or resolution of the county, or
in any rule, regulation, notice or order promulgated by any officer or
agency of the county under authority duly vested in him or it, any act is
prohibited or is declared to be unlawful or an offense or a misdemeanor,
or the doing of any act is required, or the failure, neglect or refusal to do
any act is declared to be unlawful or an offense or a misdemeanor, and no
specific penalty is provided for the violation thereof, the violation of any
such provision of this Code or any such ordinance, resolution, rule,
regulation, notice or order shall be punished by a fine of not more than
one thousand dollars or by imprisonment for a period of not more than
thirty days in jail, or by both such fine and imprisonment.
(b) Any person failing to pay, pursuant to any provision of this Code or other
ordinance of the county, any account on or before its due date, other than
taxes which are provided for in Title 58.1 of the Code of Virginia, shall
incur a penalty thereon of ten percent which shall be added to the amount
of the account due from such person. No penalty shall be imposed for
failure to pay any account if such failure was not in any way the fault of
the debtor. Interest at the rate of ten percent annually from the first day
following the day such account is due shall be collected upon the
principal and penalty of all such accounts. (Ord. No. 2011 -3 -C, 3- 3 -11.)
For state law as to authority of board of supervisors to prescribe fines and
Imprisonment in county jail for violation of ordinances, see Code of Va.,
§ 15.2 -1429. As to when summons is to be issued in place of warrant for
misdemeanors, see Code of Va., § 19.2 -74. As to penalties and interest on
delinquent accounts due, see Code of Va., § 15.2 -105.
Sec. 1 -7.1. Court costs.
Any person convicted of a violation of any statute or ordinance in any
criminal or traffic case in the district court or circuit court of Isle of Wight
County shall be assessed a sum of five dollars as part of the costs in each
court in each case. Effective July 1, 2007, any person convicted of a violation
of any statute or ordinance in any criminal or traffic case in the district court
or circuit court of Isle of Wight County shall be assessed a sum of ten dollars
as part of the costs in each court in which a defendant is convicted of a
violation in each case.
The assessment shall be collected by the clerk of the court in which the
case is heard, remitted to the Isle of Wight County Treasurer and held by the
treasurer subject to appropriation by the governing body to the sheriffs office
for the funding of courthouse security personnel. (5- 16 -02; 5- 24 -07; 10 -15-
09.)
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For state law as to authority of the board of supervisors to prescribe a fee for
courthouse security personnel, see Code of Va., § 53.1 -120.
Sec. 1 -7.2. Processing fee.
There is hereby imposed a processing fee of twenty -five dollars on any
individual admitted to a county or regional jail following conviction to be
assessed as part of the court costs.
The fees shall be collected by the clerk of the court in which the case is
heard, remitted to the county treasurer and held by the treasurer subject to
appropriation by the governing body to the sheriffs office to defray the costs
of processing arrested persons into local or regional jails. (7- 9 -02.)
Sec. 1 -7.3. Assessment for courthouse construction and renovation.
Any person filing a civil action in the district court or circuit court of Isle
of Wight County and any person charged with a violation of a criminal or
traffic statute or ordinance in the district court or circuit court of Isle of
Wight County shall be assessed a fee of three dollars as part of the costs in
each court in each case. Such fee shall not be assessed in any civil action if
the amount in controversy is five hundred dollars or less.
This fee assessment shall be collected by the clerk of the court in which
the action is filed, remitted to the Isle of Wight County Treasurer and held by
the treasurer subject to appropriation by the governing body solely for the
construction, reconstruction, renovation of, or adaptive reuse of a structure
for a courthouse. (10- 15 -09.)
For state law as to authority of the Board of Supervisors to prescribe a fee for
courthouse construction and renovation, see Code of Va., § 17.1- 281(C).
Sec. 1 -8. Continuing violations.
Each day any violation of this Code or any ordinance, resolution, rule,
regulation, notice or order shall continue shall constitute a separate offense
except as otherwise provided.
Sec. 1 -9. Court and trial.
The trial of any and all violations of this Code shall be upon a warrant or
summons before the county court in the manner and with like right of appeal
as is provided in misdemeanor cases.
Sec. 1 -10. Disposition of revenue from fines.
All fines collected for violations of this Code shall be paid to the county
treasurer and by him credited to and deposited in the general fund of the
county.
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Sec. 1 -11. Acceptance of real property.
The Isle of Wight County Attorney is hereby vested with the authority to
accept, on behalf of the Isle of Wight County Board of Supervisors, such real
property as may be conveyed to Isle of Wight County. (12- 18 -08.)
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich represented the following lease:
E. Lease of Public Property /Griffin Farm
Chairman Hall opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Alphin moved that the Chairman be authorized to sign the
Griffin Farm lease, as presented. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
//
Supervisor Casteen moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
//
Under the continuation of the County Attorney's report, County
Attorney Popovich provided the Board with a summary of the proposed
Public - Private Education Facilities and Infrastructure Act and Public - Private
Transportation Act Guidelines which were presented at the Board's previous
meeting.
Supervisor Darden moved that the following Resolution to Adopt
Public - Private Education Facilities and Infrastructure Act and Public- Private
Transportation Act Guidelines be adopted:
RESOLUTION TO ADOPT PUBLIC - PRIVATE EDUCATION
FACILITIES AND INFRASTRUCTURE ACT AND PUBLIC - PRIVATE
TRANSPORTATION ACT GUIDELINES
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WHEREAS, the Public - Private Education Facilities and Infrastructure
Act of 2002, Va. Code Sections 56- 575.1, et seq., (the "PPEA ") and the
Public- Private Transportation Act of 1995, Va. Code Sections 56 -557, et
seq., (the "PPTA ") (together, the "Acts ") grant Isle of Wight County,
Virginia (the "County "), a responsible public entity as defined in the Acts,
the authority to create public - private partnerships for the development of a
wide range of projects for public use if the County determines there is a
public need for the project and that private involvement may provide the
project to the public in a timely or cost - effective fashion; and
WHEREAS, the Acts establish requirements that the County must
adhere to when reviewing and approving proposals received pursuant to the
Acts; and
WHEREAS, the Isle of Wight County Board of Supervisors now
wishes to formally adopt such guidelines as are necessary and required by the
Acts in order to take advantage of the authority provided the County pursuant
to the Acts.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that the Public- Private Education Facilities and
Infrastructure Act of 2002 and Public- Private Transportation Act of 1995
Guidelines which are attached hereto and incorporated by reference, as
presented by the Isle of Wight County Attorney, as they may be amended
from time to time in accordance with the Acts, are hereby adopted.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich presented a revision to the County's Policy
Manual /Chapter 2: Financial and Accounting /Article I: Central
Purchasing /Section 1.9: Contracts Authorized under the Public- Private
Education Facilities and Infrastructure Act and Public- Private Transportation
Act for the Board's consideration.
Supervisor Casteen moved to approve the revised policy as presented.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich presented a Performance
Agreement /Governor's Agriculture & Forestry Industries Development Fund
for the Board's consideration.
Supervisor Alphin moved that the Chairman be authorized to execute
the Agreement on behalf of the Board. The motion was adopted by a vote of
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(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich presented an Economic Development
Incentive Grant Agreement for the Board's consideration.
Supervisor Alphin moved that the Board authorize the Chairman to
execute the Agreement on behalf of the Board. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
H
Under the General Services Report, Frank Haltom, provided an update
on the Sanitary Sewer Consent Order and Regional Consolidation Study for
the Board's information.
Mr. Haltom presented a Resolution to Appropriate Funds from 2012
Utility Bonds to the Windsor Sidewalk Project for the Board's consideration.
Supervisor Darden moved that the following Resolution be adopted
and the low bid awarded:
RESOLUTION TO APPROPRIATE FUNDS FROM 2012 UTILITY
BONDS TO THE WINDSOR SIDEWALK PROJECT
WHEREAS, the County of Isle of Wight, Virginia, is participating in
the Highway Safety Improvement Program (HSIP) grant program and the
County has been awarded HSIP grant funds totaling eight hundred seventy -
five thousand dollars ($875,000) for the design and construction of a
sidewalk along N. Court Street and Courthouse Highway in the Town of
Windsor; and,
WHEREAS, the County has agreed to manage and execute this project
as a locally administered project, which has been properly advertised and has
received reasonable and responsive bids for construction;
WHEREAS, funding in the amount of $125,000 needs to be reallocated
from the 2012 Utility bond funds to this project until reimbursement is
received from VDOT.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that $125,000.00 be reallocated
from the 2012 utility bond fund to the Windsor Sidewalk project.
BE IT FURTHER RESOLVED, that the County Administrator of Isle
of Wight County, Virginia, be authorized to make the appropriate accounting
16
adjustments in the budget and do all things necessary to give this resolution
effect.
BE IT FURTHER RESOLVED, that the County Administrator of Isle
of Wight County, Virginia, or his designee, be hereby authorized to proceed
with awarding the construction contract to the low bid received, and hiring all
other necessary and appropriate professional and construction services in
furtherance of the execution and completion of this project in accordance
with the Virginia Public Procurement Act and County policy and to execute
all necessary contracts for such services.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Haltom addressed the Board regarding the need for replacement of
the pier landing at Nike Park.
Supervisor Casteen moved that staff be authorized to move forward
with the replacement of the pier landing. The motion was adopted by a vote
of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
H
Under the Parks and Recreation Report, Mark W. Furlo, Director of
Parks and Recreation, requested the Board's consideration for waiving the
$150 donation and approve the Riverview Memorial Tree Garden application
in memory of Billy Wagner who worked for the County's Parks and
Recreation for 23 years.
Supervisor Casteen moved that the $150 donation be waived for a tree
to be planted at the Riverview Memorial Tree Garden in memory of Billy
Wagner. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Mr. Furlo requested confirmation that the Board intends to adopt the
Fair budget in the amount of $7,000 based that on the fact that no additional
funding will be requested than in the past.
Supervisor Alphin moved that the County Administrator be authorized
to enter into the contracts for the 2014 Fair. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
H
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Under the Tourism Report, Judy H. Windslow, Director of Tourism,
presented a Small Arms and Artillery Safety Standards and Guide to Black
Powder Use Policy for the Board's consideration.
Supervisor Alphin moved to adopt the proposed policy revisions. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
H
Under the County Administrator's Report, Donald T. Robertson,
Director of Information Resources and Legislative Affairs, presented the Isle
of Wight Electoral Board's legislative requests for the Board's consideration.
Supervisor Darden moved that the two (2) resolutions concerning the
Electoral Board be included in the County's Legislative Priority List. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Robertson presented a Resolution of Irrevocable Election not to
Participate in Virginia Local Disability Program for the Board's
consideration.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION OF IRREVOCABLE ELECTION NOT TO PARTICIPATE
IN VIRGINIA LOCAL DISABILITY PROGRAM
WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of
Virginia, the Virginia General Assembly has established the Virginia Local
Disability Program ( "VLDP ") for the payment of short-term and long -term
disability benefits for certain participants in the hybrid retirement program
described in Virginia Code § 51.1 -169; and,
WHEREAS, for purposes of VLDP administration, an employer with
VLDP- eligible employees may make an irrevocable election on or before
November 1, 2013, requesting that its eligible employees not participate in
VLDP as of the VLDP effective date of January 1, 2014, because it has or
will establish, and continue to maintain, comparable employer -paid disability
coverage for such employees that meets or exceeds the coverage set out in
Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long
term care coverage, by January 1, 2014; and,
WHEREAS, it is the intent of the Isle of Wight County, Virginia,
55146, to make this irrevocable election to request that its eligible employees
not participate in VLDP.
IN
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of
Supervisors Isle of Wight County, Virginia irrevocably elects not to
participate in VLDP because it has or will establish, and continue to
maintain, comparable employer -paid disability coverage for such employees;
IT IS FURTHER RESOLVED that, as an integral part of making this
irrevocable election, the Board of Supervisors of Isle of Wight County,
Virginia certifies that it has or will establish, and continue to maintain,
comparable employer -paid disability coverage for such employees.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Robertson presented information pertaining to the PACE Program
— FY2014 Certification of Local Funds.
Supervisor Darden moved to authorize submittal of a completed fiscal
certification form to the Virginia Department of Agriculture and Consumer
Services. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
H
Chairman Hall declared a break and upon the Board returning to open
session, Supervisor Casteen moved that the agenda be amended to discuss the
issue of titling of volunteer emergency vehicles. The motion was adopted by
a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Casteen moved to amend the order of the agenda to discuss
titling of emergency service vehicles. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Responsive to certain concerns being expressed by members of the
volunteer fire departments and rescue squads with respect to the action taken
by the Board at its September 19m, 2013 meeting regarding titling of
emergency service vehicles, Supervisor Bailey moved to rescind the motion
made by Supervisor Alphin at the Board's September 19, 2013 meeting that
any future emergency service vehicles purchased by the County shall remain
titled in the name of Isle of Wight County. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Mr. Robertson presented a request from the incoming County
Administrator to fill a position within that office.
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Supervisor Casteen moved that the Department of Human Resources
establish, advertise and fill a position within the County Administrator's
office, per the request of the incoming County Administrator. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
Responsive to Mr. Robertson's request for a budget retreat with the
School Board and Davenport & Company, Supervisor Darden moved that the
Board conduct a budget retreat with the School Board on November 7, 2013
from 9:00 a.m. until 10:00 a.m. in the Board Room. Following, a break, the
Board will then meet with Davenport & Company. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
//
Under APPOINTMENTS, Chairman Hall moved to appoint the
following to the Route 460 Joint Transportation Committee /Town of
Windsor: Supervisor Darden; Supervisor Alphin; William Saunders; Len
Alphin; Anne Seward; Beverly Walkup; Richard Rudnicki; Frank Haltom;
Jamie Oliver; Lisa Perry; and, Amy Ring. The motion was adopted by a vote
of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Casteen moved to appoint Ellen Couch to serve on the
Western Tidewater Community Services Board. The motion was adopted by
a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved to appoint Elizabeth Jones, replacing Mike
Stephens, on the Blackwater Regional Library Board. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
//
Under OLD BUSINESS, no old business was offered for discussion by
the Board.
//
Under NEW BUSINESS, Mr. Smolnik presented the issue of the
proposed proffer amendment/Benns Grant Project for discussion.
Supervisor Bailey moved that staff be authorized to discuss with the
County's financial advisors what kind of terms the County can expect to get
20
from a lender so that staff will know what to discuss with the developers and
investigate the possibility of personal endorsements from Messrs. Morgan
and Turner. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Relative to the Benns Church intersection improvements, Supervisor
Casteen commented that he has not had adequate time to review the amended
proffers which were received from staff today.
Supervisor Darden moved to accept amended Proffer Statement #3.
The motion was adopted by a vote of (4 -1) with Supervisors Darden, Bailey,
Hall and Alphin voting in favor of the motion and Supervisor Casteen voting
against the motion.
H
County Attorney Popovich requested a closed meeting under Section
2.2- 3711.A.7 of the Code of Virginia regarding probable litigation regarding
the Washburn property and pursuant to Section 2.2- 3711.A.1 regarding two
(2) personnel matters.
Supervisor Alphin moved that the Board enter the closed meeting for
the reasons stated by the County Attorney. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Alphin moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
21
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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At 10:00 p.m., Chairman Hall moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
t —Owort--)
Carey Alls Storm, Clerk
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Byron B. Bailey, Chairm n