11-20-2008 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH OF NOVEMBER IN THE
YEAR TWO THOUSAND AND EIGHT
PRESENT: Stan D. Clark, Chairman
James B. Brown, Jr., Vice Chairman
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chief Animal Control Officer Sullivan showed several cats which are
currently up for adoption at the County's animal shelter.
Chairman Clark formally introduced Ali Jones of Carrsville, a student
attending Windsor High School, who called the meeting to order at 4:00 p.m.
and delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton requested that the review of the Rules
of Procedure and three (3) Closed Meeting items be added under the County
Attorney's report.
Supervisor Bradshaw moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark called for Special Presentations /Appearances.
Sheriff Phelps publicly recognized Charles R. Glassco, William B. Hall
and Robert C. Penrod, Sheriff's office retirees, for their years of dedicated
public service. Sheriff Phelps further recognized Douglas Bateman, George
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Perry and John Westland, Auxiliary Deputies, for recently graduating from
the Chesapeake Police Academy.
Linda Berlin, Luter Family YMCA, briefed the Board regarding a grant
opportunity for the County with the Luter Family YMCA and the Obici
Foundation.
Supervisor Bradshaw remarked that he believed it would be more
appropriate for such fitness programs to be addressed through a collaborative
effort with the school systems and not through the County's Parks and
Recreation Department because it only administers programs to a small
percentage of the children in the County.
Chairman Clark moved that the Board adopt the following Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS
FROM THE OBICl/LUTER FAMILY YMCA
WHEREAS, the Board of Supervisors of Isle of Wight County has
approved funding from the OBICULuter Family YMCA to implement
programs to help reduce obesity levels in Isle of Wight County; and,
WHEREAS, funds in the amount of fifty -two thousand one hundred
($52,100) to be accepted and appropriated to the FY 2008 -09 General
Operating Budget of Isle of Wight County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County that grant funds in the amount
of fifty -two thousand one hundred ($52,100) received from the OBICl/Luter
Family YMCA be accepted and appropriated to the appropriate line item in
the FY 2008 -09 General Operating Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (4 -1) with Supervisors Brown,
Casteen, Clark and Wright voting in favor of the motion and Supervisor
Bradshaw voting against the motion.
Chairman Clark presented a plaque received from the American Cancer
Society recognizing the County as the Top Rookie Team during the 2008
Relay for Life of Isle of Wight/Surry "Heels to Heal" event. He requested
that the plaque be forwarded to Inga Johnson in the Emergency Services
Department for appropriate display.
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Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2- 3711.A.7 of the Code of Virginia in connection with the
enforcement of flow control and related litigation and the negotiation of
contracts between the Southeastern Public Service Authority (SPSA) and the
private haulers and possible contracts for the sale of SPSA's assets and
pursuant to Section 2.2- 3711.A.7 for the purpose of consultation with legal
counsel regarding specific legal matters requiring the provision of legal
advice for such counsel and pertaining to probable litigation where such
consultation or briefing in an open meeting would adversely affect the
negotiating or litigating posture of the Authority and the Virginia Code
Section 22- 3711.A -29 for the purpose of discussing the negotiation and
award of contracts where competition and bargaining are involved and where
discussion in open session would adversely affect the bargaining position and
negotiation strategy of SPSA.
Chairman Clark moved that the Board enter the Closed Meeting for the
reason stated by Interim County Attorney Burton. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the Board return to open meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
VOTE
Chairman Clark moved that the Board adopt the following Resolution:
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
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.
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AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the Closed Meeting.
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Interim County Attorney Burton recommended that the Board amend
the regular order of the agenda in order to consider the two (2) matters listed
under Old Business.
Chairman Clark called for consideration of the following application.
A. The application of the Isle of Wight County Board of
Supervisors, owner, and the Isle of Wight County Parks and
Recreation Department (applicant) for a Conditional Use Permit
to allow for a public park and recreational area on 52 acres of
land located at the intersection of Tyler's Beach Road (Rt. 686)
and Woodmere Avenue (Rt. 2001) in the Hardy Election District.
Supervisor Bradshaw moved that the Board approve the request of the
applicant to postpone the application until the Board's December 4, 2008
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark called for consideration of the following:
B. The application of Edward R. and Sharon C. Lenz, owners, for an
exception to the Chesapeake Bay Preservation Area Ordinance,
for two adjacent lots. Specifically, Section 4002 (B)(2)(a.) to
allow encroachment of up to 50 feet into the 100 foot Resource
Protection Area Buffer for the construction of a single family
home on each lot. Lot 59, containing nearly 0.51 acres of land,
and Lot 60, containing just over 0.40 acres of land, are located in
the C. L. Obrey Subdivision on the north side of Lakeview Lane,
Carrollton, in the Newport Election District.
Supervisor Bradshaw moved that the Board approve the request of the
applicant's attorney to postpone the application until the Board's December
18, 2008 meeting. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
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II
Supervisor Brown moved that the regular order of the agenda be
amended in order to conduct the public hearings. The motion was adopted by
a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Clark called for a public hearing on the following:
A. An Ordinance to Amend the Following Sections of Appendix B,
Zoning: Section 7 -2007 (Preliminary Site Development Plan
Review Procedures and Approval Authority) to Revise the
Administrative and Legislative Preliminary Site Pan Review
Processes and Section 7 -2008 (Final Site Development Plan
Review Procedures and Approval Authority) to Revise the Final
Site Plan Review Process.
Matthew Smolnik, Planning and Zoning, presented the Ordinance.
Chairman Clark called for persons to speak in favor of or in opposition
to the Ordinance.
Thomas Finderson, Newport District, remarked that use of the blue and
white signs is not an appropriate method by which to notify adjoining
property owners and the public because many times the signs are not properly
posted. He recommended that public meetings be publicized both in the local
newspapers and on the County's website. He spoke in strong support of the
Board appointing the five (5) members that serve on the DRC Commission.
Sharon Hart, Newport district, appeared on behalf of the Isle of Wight
Citizens Association to request that the Board appoint the Committee
members from the Planning Commission, as well as ensure that a letter is
sent to adjacent property owners.
Constance Rhodes, Executive Director, Isle of
Wight/Smithfield /Windsor Chamber of Commerce, submitted a position
paper developed by the Business Improvement Committee in favor of the
amendment.
Mark Hall, Vice Chairman, Isle of Wight/Smithfield /Windsor Chamber
of Commerce, spoke on behalf of the business community who are in favor
of the process being streamlined while still maintaining the protection for the
community.
Malcolm T. Clark, Twin Hill Lane, Carrollton, advised that the
Carrollton Civic League and the Isle of Wight Citizens Association support
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the amendment with the exception of the Planning Commission Chairman
appointing a representative from all five (5) districts. He advised that the
League and Association both feel that the Supervisor from that district should
appoint that individual, but if that is not possible, then the appointment
should be with the concurrence of the Supervisor from that district.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Brown recommended that the Supervisor from that district,
in conjunction with the Chairman of the Board, collaborate on the
appointment.
Supervisor Bradshaw commented that allowing the Board to make the
appointment will ensure that there will be diversity among the Committee
members.
Beverly H. Walkup, Director of Planning and Zoning, recommended
that the Chairman make a recommendation to the Board for an appointee for
the Committee.
Supervisor Bradshaw moved that the matter be postponed until the
Board's December 18, 2008 meeting and that staff be directed to adjust the
proposed amendment with respect to the DRC Committee being appointed by
the Board of Supervisors. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that staff be directed to alter the Bylaws.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board postpone action on this
matter until the Board's December 18, 2008 meeting. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that staff be directed to review the
Chamber of Commerce's position letter and incorporate any of the actions
and plans and, if needed, make recommendations to the Board. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that staff be directed to review and
investigate the concerns voiced by Thomas Finderson regarding the blue and
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white public notice signs that are required to be posted on properties. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Clark called for a public hearing on the following:
B. The application of Three Coins LLC, owner, and Commonwealth
Engineering, applicant, for a rezoning of Tax Map Parcels 34 -01-
108 and 34- 01 -108B in the Newport Development Service
District from Rural Agricultural Conservation (RAC) to
Conditional General Commercial (C -GC). Said property,
approximately 8.028 acres, is located on the east side of
Carrollton Boulevard (Rt. 17), south of Sugar Hill Road (Rt. 661)
in the Newport Election District. The proposed use of the
property is for a proposed office condominium, retail sales and
office warehouse development.
Amy Ring, Assistant Director of Planning and Zoning, presented the
application. She advised that responsive to the Planning Commission's
earlier request, a revised Fiscal Impact Analysis was submitted by Mr. Cohen
showing accessory commercial apartments upstairs of the office with retail
below and an office above with no residential, which staff has not had time to
review. She advised that Mr. Cohen had revised the proffers pursuant to the
Planning Commission's request, however, he had not proffered a maximum
number of commercial accessory apartments. She advised that at the request
of the Planning Commission, Mr. Cohen had revised his list of allowable
uses; he had added a statement that he would work with adjacent property
owners to provide connectivity; he had not elected to choose whether or not
he would do commercial accessory apartments upstairs; he had added a seven
(7) year sunset clause; he had limited no outdoor storage or repair work; he
had agreed to work with the Planning and Zoning Director with respect to the
type of material that would be used on the pedestrian walkway out front; he
had agreed to comply with VDOT's recommendations for a 200 foot turn
lane on Route 17; and, he had offered a definition of office warehouse in his
proffer statement.
Chairman Clark remarked that because the revised proffers had not
been back to the Planning Commission, it is unclear if they meet the Planning
Commission's concern or not.
Ms. Rink advised that the one (1) outstanding issue is the accessory
apartments as Mr. Cohen had not decided at the Planning Commission
meeting if he was going to build all residential on the site and that he had
proffered a cash proffer in the amount of $13,611 per unit should he decide
to do that.
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Chairman Clark called for persons to speak in favor of or in opposition
to the application.
Elliott Cohen, the applicant, briefed the Board on the project to date.
Sharon Hart, representing the Isle of Wight Citizens Association,
commented that the purpose of the Newport Development Service District
and the Route 17 Corridor Plan is to manage growth and reduce strip malls
and that the Association sees the proposed project as moving away from
managed growth. She remarked that business growth should be located at
existing or future intersections to avoid additional stop lights and median
breaks. She stated that neighborhood centers are intended to be compatible
with the surrounding neighborhood, but that this project is too dense. She
noted that the entrance and exit from the project will require two (2) u -turns
for southbound traffic and that the Fiscal Impact Study is inflated with
respect to the value of the commercial property. She remarked that all
internal roadways should meet VDOT standards and that the parking located
at the rear of the project, near the upscale residential community, should be
removed and all parking should be interior to the development. She advised
that the conceptual plan dated January 31, 2008 exceeds 60% impervious
surface and the BMP is too small compared with other projects of similar
density and area. She stated that the owner should proffer an outfall pipe
from the BMP to the ravine at the southeast corner of the site. She continued
that page 6 of the proffers should read that the owner will reserve and give, at
the County's option, a 50 -foot right -of -way centered along the 24 foot
entrance road. She recommended that a 25 -foot tree line be preserved and
proffered as a buffer to the adjacent residential property. She further
recommended that native vegetation should be preserved to the maximum
extent possible and a BMP fountain be proffered. She stated that asbestos
removal from the older existing houses should be proffered and there should
be a time limit proffer for completion of any phase, as well as a materials
proffer.
Pat Clark of Twin Hill Lane remarked that Mr. Cohen had previously
spoken to the Carrollton Civic League, but that he would not have known this
was the same project after listening to Mr. Cohen and then looking at the
paperwork he submitted for the Planning Commission.
Thomas Finderson, Newport District, stated that the application
continues to change even after the public notice was published. He stated
that the application contains urban residential, however, the public notice
mentioned nothing about residential properties at all. He stated that the
application appears to have inadequate recreational capabilities, such as
walkways and open space. He stated that it is currently dangerous at Sugar
Hill Road and u -turns are not appropriate. He recommended that the
applicant proffer the VDOT suggested improvements. He stated that he did
not feel that u -turns would address traffic in the future and that the applicant
should have negotiated with the County and VDOT to have the speed limit
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reduced so that he could get a traffic light or he should have bought
additional land at the Cedar Grove intersection to access his property.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Brown remarked that there is an inconsistency at the top of
the application which reflects that the requested change of the property is
from RAC to GC; however, at another location in the application, it states
UR.
Interim County Attorney Burton advised that the inconsistency renders
the application invalid and that it should be returned to the Planning
Commission.
Supervisor Bradshaw moved that the application be referred back to the
Planning Commission for amendment of the application and an additional
public hearing by that body if the applicant so desires and that the application
be readvertised for public hearing at the applicant's expense. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
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Chairman Clark moved that the Board take a recess. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
C. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Appendix A, Subdivisions.
Ms. Ring advised that the Subdivision Ordinance, first adopted in
1969, has been amended several times since that time. She advised that the
Planning Commission had held a public hearing on the matter at its meeting
on October 28, 2008 and adopted a motion to recommend approval to the
Board.
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Chairman Clark called for persons to speak in favor of or in opposition
to the Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
APPENDIX A, SUBDIVISIONS
WHEREAS, Title 15.2, Chapter 22, Article 40 of the Code of Virginia
stipulates that the governing body of every locality shall adopt an ordinance
to assure the orderly subdivision of land and its development; and
WHEREAS, in accordance with Title 15.2, Chapter 22, Article 51 and
53 of the Code of Virginia, the Planning Commission shall prepare and
recommend amendments to the Subdivision Ordinance to the Board of
Supervisors; and
WHEREAS, the Isle of Wight County Planning Commission has given
notice and held a public hearing on the revised Subdivision Ordinance on
October 28, 2008, after notice as required by Title 15.2, Chapter 22, Article 4
and Article 26 of the Code of Virginia; and
WHEREAS, the Isle of Wight County Planning Commission
recommended approval to the Board of Supervisors of the revisions to the
Isle of Wight County Subdivision Ordinance dated October 15, 2008; and
WHEREAS, the Isle of Wight County Board of Supervisors has given
notice and held a public hearing on the revised Subdivision Ordinance on
November 20, 2008, after notice required by Title 15.2, Chapter 22, Article 4
and Article 26 of the Code of Virginia,
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that the revisions to the Isle of Wight County
Subdivision Ordinance dated October 15, 2008, with any revisions directed
by the Board of Supervisors, be adopted, and shall be effective on November
21, 2008.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Clark called for a public hearing on the following:
D. An Ordinance to Amend Chapter 6, Erosion and Sediment
Control, Article I, In General, Section 6 -3, Definitions, Section 6-
4, Local Erosion and Sedimentation Control and Article II, Plans,
Section 6 -11, Approval, etc.
Kristen M. Mazur, County Engineer, presented the proposed
Ordinance.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 6. EROSION AND SEDIMENTATION CONTROL.
ARTICLE I. IN GENERAL. SECTION 6 -3. DEFINITIONS.
SECTION 6 -4. LOCAL EROSION AND SEDIMENT CONTROL
PROGRAM
AND
ARTICLE II. PLANS. SECTION 6 -11. APPROVAL, ETC.
WHEREAS, on April 19, 2007, the Isle of Wight County Board of
Supervisors amended and reenacted Chapter 6 to the Isle of Wight County
Code in order to more appropriately address the growing concerns about
erosion and sedimentation control within the County; and
WHEREAS, the Isle of Wight County Board of Supervisors has been
advised by the Virginia Department of Conservation and Recreation that
certain revisions and/or additions to that ordinance will further enhance said
ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 6. Erosion and Sedimentation
Control. Article I. In General. Section 6 -3. Definitions be amended and
reenacted as follows:
Section 6 -3 Definitions.
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For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Administrator. The official designated by the Board of Supervisors to
serve as its agent to administer this chapter. The Administrator is also
referred to in this ordinance as the program administrator.
Agreement in lieu of a plan. A contract between the plan- approving
authority and the owner, which specifies conservation measures that must be
implemented in the construction of a single family residence; this contract
may be executed by the plan- approving authority in lieu of a formal site plan.
Applicant. Any person submitting an erosion and sediment control
plan for approval or requesting the issuance of a permit, when required,
authorizing land disturbing activities to commence.
Board. The Virginia Soil and Water Conservation Board.
Certified inspector. An employee or agent of a program authority who
(i) holds a certificate of competence from the Board in the area of project
inspection or (ii) is enrolled in the Board's training program for project
inspection and successfully completes the program within one year after
enrollment.
Certified plan reviewer. An employer or agent of a program authority
who (i) holds a certificate of competence from the Board in the area of plan
review, or (ii) is enrolled in the Board's training program for plan review and
successfully completes the program within one year after enrollment, or (iii)
is licensed as a professional engineer, architect, certified landscape architect
or land surveyor pursuant to Article 1 (section 45.1 -400 et seq.) of Chapter 4
of Title 54.1 of the Code of Virginia as amended.
Certified program administrator. An employee or agent of a program
authority who (i) holds a certificate of competence from the Board in the area
of program administration or (ii) is enrolled in the Board's training program
for program administration and successfully completes the program within
one year after enrollment.
Clearing. Any activity which removes the vegetative ground cover
including but not limited to root mat removal or topsoil removal.
Department or DCR. The Virginia Department of Conservation and
Recreation.
District or Peanut Soil and Water Conservation District. A political
subdivision of this Commonwealth organized in accordance with the
provisions of Articles 3 (section 10.1 -506, et seq.) of Chapter 5 of Title 10.1
of the Code of Virginia as amended.
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Erosion and Sediment Control Plan. A document containing material
for the conservation of soil and water resources of a unit or group of units of
land. It may include appropriate maps, an appropriate soil and water plan
inventory and management information with needed interpretations, and a
record of decisions contributing to conservation treatment. The "plan" shall
contain all major conservation decisions to assure that the entire unit or units
of lands will be so treated to achieve the conservation objectives.
Erosion impact area. An area of land not associated with current land
disturbing activity but subject to persistent soil erosion resulting in the
delivery of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land ten thousand (10,000)
square feet or less used for residential purposes or shorelines where erosion
results from wave action or other coastal processes.
Excavating. Any digging, scooping or other methods of removing
earth material.
Filling. Any depositing or stockpiling of earth materials.
Grading. Any excavating or filling of earth materials or any
combination thereof, including the land in its excavated or filled condition.
Land- disturbing activity. Any land change which may result in soil
erosion from water or wind and movement of sediments into state waters or
onto lands in the Commonwealth, including, but not limited to, clearing,
grading, excavating, transporting and filling of land, except that the terms
shall not include:
1. Minor land disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
2. Individual service connections;
3. Installation, maintenance or repair of any underground public utility
lines when such activity occurs on an existing hard surfaced road,
street or sidewalk provided the land disturbing activity is confined to
the area of the road, street or sidewalk which is hard surfaced;
4. Septic tank lines or drainage fields, unless included in an overall plan
for land disturbing activity relating to construction of the building to be
served by the septic tank system;
5. Surface or deep mining activities authorized under a permit issued by
the Department of Mines, Minerals and Energy;
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6. Exploration or drilling for oil and gas, including the well site, roads,
feeder lines and off -site disposal areas;
7. Tilling, planting or harvest of agricultural, horticultural or forest crops,
or livestock feedlot operations, including engineering operations and
agricultural engineering as follows: construction of terraces, terrace
outlets, check dams, desilting basins, dikes, ponds not required to
comply with the Dam Safety Act, Article 2, (Sec. 10.1 -604 et seq.) of
Chapter 6, ditches, strip cropping, lister furrowing, contour cultivating,
contour furrowing, land drainage and land irrigation; however, this
exception shall not apply to harvesting of forest crops unless the area
on which harvesting occurs is reforested artificially or naturally in
accordance with the provisions of Chapter 11 (Sec. 10.1 -1100 et seq.)
of this title or is converted to bona fide agricultural or improved pasture
use as described in subsection B of Section 10.1 -1163;
8. Repair or rebuilding of the tracks, right -of -way, bridges,
communication facilities and other related structures and facilities of a
railroad company;
9. Disturbed land area of less than ten thousand (10,000) square feet in
size or two thousand five hundred (2,500) square feet in the
Chesapeake Bay Watershed.
10.Installation of fence and sign posts or telephone and electric poles and
other kinds of posts or poles;
11.Shoreline erosion control projects on tidal waters when all of the land
disturbing activities are within the regulatory authority of and approved
by local wetlands boards, the Marine Resources Commission or the
United States Army Corps of Engineers; however, any associated land
that is disturbed outside of this exempted area shall remain subject to
this article and the regulations adopted pursuant thereto; and
12.Emergency work to protect life, limb or property, and emergency
repairs; however, if the land- disturbing activity would have required an
approved erosion and sediment control plan if the activity were not an
emergency, then the land area disturbed shall be shaped and stabilized
in accordance with the requirements of the plan- approving authority.
Land disturbing permit. A permit issued by the county for clearing,
filling, excavating, grading or transporting, or any combination thereof.
Local erosion and sediment control program or local control
program. An outline of the various methods employed by a district or
locality to regulate land- disturbing activities and thereby minimize
erosion and sedimentation in compliance with the State Program and
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may include such items as local ordinances, policies and guidelines,
technical materials, inspection, enforcement and evaluation.
Natural channel design concepts. The utilization of engineering
analysis and fluvial geomorphic processes to create, rehabilitate,
restore, or stabilize an open conveyance system for the purpose of
creating or recreating a stream that conveys its bankfull storm event
within its banks and allows larger flows to access its bankfull bench
and its floodplain.
Owner. The owner or owners of the freehold of the premises or
lesser estate therein, a mortgagee or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee or other person, firm or
corporation in control of a property.
Peak flow rate. The maximum instantaneous flow from a given
storm condition at a particular location.
Permittee. The person to whom the permit authorizing land
disturbing activities is issued or the person who certifies that the
approved erosion and sediment control plan will be followed.
Person. Any individual, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission, board,
public or private institution, utility, cooperative, county, city, town, or
any other political subdivision of the Commonwealth, any interstate
body, or any other legal entity.
Plan approving authority. Shall mean the County of Isle of Wight
Engineering Division, as may be assisted by consulting services,
responsible for determining the adequacy of a conservation plan
submitted for land- disturbing activities on a unit or units of lands and
for approving the plan.
Program authority. The County of Isle of Wight, which has adopted
a soil erosion and sediment control program that has been approved by
the Board.
Responsible Land Disturber. Means individual from the project or
development team, who will be in charge of and responsible for
carrying out land disturbing activity covered by an approved plan or
agreement in lieu of a plan, who (i) holds a Responsible Land Disturber
certificate of competence, (ii) holds a current certificate of competence
from the Board in the areas of Combined Administration, Program
Administration, Inspection, or Plan review, (iii) or is licensed in
Virginia as a professional engineer, architect, certified landscape
architect or land surveyor pursuant to Article 1 (Sec. 45.1 -400 et seq.)
of Chapter 4 of Title 54.1.
15
Runoff volume. The volume of water that runs off the land
development project from a prescribed storm event.
Single family residence. For the purposes of this ordinance, a
noncommercial dwelling that is occupied exclusively by one family.
State Erosion and Sediment Control Program or State Program. The
program administered by the Board pursuant to the State Code
including regulations designed to minimize erosion and sedimentation.
State waters. All waters on the surface and under the ground wholly
or partially within or bordering the Commonwealth or within its
j urisdictions.
Subdivision. The division or redivision of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, shall transfer of
ownership, or building or lot development. The term "subdivision"
shall also mean the following:
(a) Any development of a parcel of land which involves installation
of sanitary sewers, storms sewers, water mains, gas main or
pipes, or other appropriate facilities for the use, whether
immediate or future, of the owners or occupants of the land, or of
the building abutting thereon.
(b) Any development of a parcel of land involving two or more
principal structures or involving shopping centers, multiple
dwelling projects and the like which the installation of streets
and /or alleys, even though the streets and alleys may not be
dedicated to public use and the parcel may not be divided for
purposes of conveyance, transfer or sale.
(c) The term "subdivision" includes resubdivision and, as
appropriate in this chapter, shall refer to the process of
subdividing the land or to the land subdivided. For the purposes
of this chapter, the following transactions shall be excluded:
(1) Any sale or other transfer of bulk property for
agricultural, horticultural or silvicultural purposes not
involving any new street (the granting of a right -of -way
for access shall not be deemed to involve any new
street);
(2) Any division of property handed down by court action;
16
(3) The sale, exchange of other transfer of parcels between
adjoining lots owners, where it does not create
additional building sites or make existing Lots of lesser
width or area than required by this chapter.
Town. An incorporated town.
Transporting. Any moving of earth materials from one place to another,
other than such movement incidental to grading, when such movement
results in destroying the vegetative ground cover, either by tracking or the
buildup of earth materials to the extent that erosion and sedimentation will
result from the soil or earth materials over which such transporting occurs.
(6- 30 -75, 3; 7- 15 -82; 7- 18 -91; 10- 16 -97.)
Water Quality Volume. The volume equal to the first one -half inch of
runoff multiplied by the impervious surface of the land development project.
IT IS FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Chapter 6. Erosion and Sedimentation Control.
Article I. In General. Section 6 -4. Local Erosion and Sediment Control
Programs be amended and reenacted as follows:
Section 6 -4. Local Erosion and Sediment Control Program
In accordance with Section 10.1 -561 of the Code of Virginia (1950, as
amended), stream restoration and relocation projects that incorporate natural
channel design concepts are not man-made channels and shall be exempt
from any flow rate capacity and velocity requirements for natural or man-
made channels.
In accordance with Section 10.1 -561 of the Code of Virginia (1950, as
amended), any land- disturbing activity that provides for stormwater
management intended to address any flow rate capacity and velocity
requirements for natural or man -made channels shall satisfy the flow rate
capacity and velocity requirements for natural or man-made channels if the
practices are designed to (i) detain the water quality volume and to release it
over 48 hours; (ii) detain and release over a 24 -hour period the expected
rainfall resulting from the one year, 24 -hour storm; and (iii) reduce the
allowable peak flow rate resulting from the 1.5, 2, and 10 -year, 24 -hour
storms to a level that is less than or equal to the peak flow rate from the site
assuming it was in a good forested condition, achieved through
multiplication of the forested peak flow rate by a reduction factor that is
equal to the runoff volume from the site when it was in a good forested
condition divided by the runoff volume from the site in its proposed
condition, and shall be exempt from any flow rate capacity and velocity
requirements for natural or man -made channels.
17
Pursuant to Section 10.1 -562 of the Code of Virginia (1950, as
amended), the Isle of Wight County Board of Supervisors hereby adopts the
regulations, references, guidelines, standards and specifications promulgated
by the Board for the effective control of soil erosion and sediment deposition
to prevent the unreasonable degradation of properties, stream channels,
waters and other natural resources. Said regulations, references, guidelines,
standards and specifications for erosion and sediment control are included in,
but not limited to, the "Virginia Erosion and Sediment Control Regulations"
and the Virginia Erosion and Sediment Control Handbook, as amended.
Before adopting or revising regulations, the County Board of
Supervisors shall give due notice and conduct a public hearing on the
proposed or revised regulations.
Pursuant to Section 10.1 -561.1 of the Code of Virginia, an erosion
control plan shall not be approved until it is reviewed by a certified plan
reviewer. Inspections of land- disturbing activities shall be conducted by a
certified inspector. The Erosion Control Program of Isle of Wight County
shall contain a certified program administrator, a certified plan reviewer, and
a certified inspector, who may be the same person, or an individual or
consulting firm under contract with the County.
The Isle of Wight County Board of Supervisors hereby designates the
Engineering Division as the plan- approving authority under the direction of
the Administrator. The program and regulations provided for in this
ordinance shall be made available for public inspection in the Engineering
Division.
IT IS FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Chapter 6. Erosion and Sedimentation Control.
Article II. Plans. Section 6 -11. Approvals, etc. be amended and reenacted as
follows:
Section 6 -11 Approval, etc.
The plan approving authority shall, within 45 days, approve any such
plans, if it is determined that the plan meets the requirements of the local
control program, and if the person responsible for carrying out the plan
certifies that he or she will properly perform the erosion and sediment control
measures included in the plan and will conform to the provisions of this
ordinance.
The plan shall be acted upon within 45 days from receipt thereof by
either approving said plan in writing or disapproving said plan in writing
with specific reasons for its disapproval.
When the plan is determined to be inadequate, the plan- approving
authority shall specify such modifications, terms and conditions that will
18
permit approval of the plan. If no action is taken within 45 days, the plan
shall be deemed approved and the person authorized to proceed with the
proposed activity.
In order to prevent further erosion, the Administrator may require
approval of a plan for any land identified in the local program as an erosion
impact area.
When land disturbing activity will be required of a contractor
performing construction work pursuant to a construction contract, the
preparation, submission, and approval of an erosion and sediment control
plan shall be the responsibility of the owner.
Electric, natural gas and telephone utility companies, interstate and
intrastate natural gas pipeline companies and railroad companies shall file
general erosion and sediment control specifications annually with the Board
for review and written comments. The specifications shall apply to:
1. Construction, installation or maintenance of electric, natural gas
and telephone utility lines, and pipelines: and,
2. Construction of the tracks, rights of way, bridges,
communication facilities and other related structures and
facilities of the railroad company.
Individual approval of separate projects within subdivision 1 or 2 of
this subsection is not necessary when Board approved specifications are
followed; however, projects included in subdivisions 1 or 2 must comply
with Board approved specifications. Projects not included in subdivision 1
and 2 of this subsection shall comply with the requirements of the Isle of
Wight County Erosion and Sediment Control Program.
In accordance with the procedure set forth by Section 10.1- 563(E) of
the Code of Virginia (1950, as amended), any person engaging in the creation
and operation of wetland mitigation banks in multiple jurisdictions, which
have been approved and are operated in accordance with applicable federal
and state guidance, laws, or regulations for the establishment, use, and
operation of mitigation banks, pursuant to a permit issued by the Department
of Environmental Quality, the Marine Resources Commission, or the U.S.
Army Corps of Engineers, may, at the option of that person, file general
erosion and sediment control specifications for wetland mitigation banks
annually with the Board for review and approval consistent with guidelines
established by the Board.
State agency projects are exempt from the provisions of this ordinance
except as provided for in the Code of Virginia, Section 10.1 -564 (1950, as
amended). State agency projects are reviewed and approved by DCR.
19
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
E. An Ordinance to Amend Chapter 1, General Provisions, Section
1 -11, Acceptance of Real Property and Appendix A,
Subdivisions, Section 3 -1, Platting Required.
Interim County Attorney certified that the Ordinance had been properly
advertised.
Chairman Clark called for citizens to speak in favor of or in opposition
to the proposed Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Brown 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.
SECTION 1 -11. ACCEPTANCE OF REAL PROPERTY.
AND
APPENDIX A. SUBDIVISIONS.
SECTION 3 -1. PLATTING REQUIRED.
WHEREAS, the Isle of Wight County Board of Supervisors wishes to
memorialize the authority it has granted to the County Attorney to accept, on
behalf of the Board, real property; and
WHEREAS, the Isle of Wight County Board of Supervisors also
wishes to convey acceptance authority to the Director of Planning and
Zoning with respect real property dedicated to the County by recorded plats.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, that Chapter 1. General Provisions. Section 1 -11
Acceptance of Real Property added as follows:
Sec. 1 -11. Acceptance of Real Property.
20
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.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors, that Appendix A. Subdivisions. Section
3 -1. Platting Required be amended and reenacted as follows:
Sec. 3 -1. Platting required.
Any owner or developer of any tract of land situated within Isle of
Wight County who subdivides the same shall cause a plat of such
subdivision, with reference to known or permanent monuments, to be made
and recorded in the office of the clerk of the appropriate court. No such plat
of subdivision shall be recorded unless and until it shall have been submitted,
approved and certified by the agent in accordance with the regulations set
forth in this ordinance. No lot shall be transferred by deed in any such
subdivision before the plat shall have been recorded. No land dedicated to
the County, as shown on the plat, shall be accepted by the County unless and
until the agent has accepted the dedication. Such acceptance of dedication
shall be evidenced by signature of the agent after the following notation on
the recorded plat:
"I, the Director of Planning and Zoning for Isle of Wight County,
Virginia, as agent, do hereby accept the dedication(s) made to Isle of Wight
County, Virginia, as set forth herein."
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
F. Resolution Authorizing the Issuance of General Obligation
Public Improvement Bonds of Isle of Wight County, Virginia in
a Principal Amount Not to Exceed $25,000,000.
Interim County Attorney Burton advised that there are two (2)
instruments for the Board's consideration pertaining to this matter, the first of
which is an authorizing resolution, followed by the form and detail
resolution.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Resolution.
No one appeared and spoke.
21
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN
A PRINCIPAL AMOUNT NOT TO EXCEED
$25,000,000
WHEREAS, pursuant to Section 10(b) of Article VII of the
Constitution of Virginia and Section 15.2 -2639 (formerly Section 15.1-
227.40) of the Code of Virginia of 1950, as amended (the "Code Isle of
Wight County, Virginia (the "County"), has elected by affirmative vote of the
qualified voters of the County, to be treated as a city for the purpose of
issuing its bonds;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
1. It is determined to be necessary and expedient for the County to
finance, in part, the acquisition, construction and equipping of courthouse
and public safety facilities, public buildings, public utility improvements and
economic development land acquisitions (the "Project to borrow money
for such purpose and to issue the County's general obligation public
improvement bonds therefore.
2. Pursuant to the Constitution and statutes of the Commonwealth
of Virginia, including the Public Finance Act of 1991, there are authorized to
be issued general obligation public improvement bonds of the County in a
principal amount not to exceed $25,000,000 to provide funds to finance, in
part, the cost of the Project.
3. The bonds shall bear such date or dates, mature at such time or
times not exceeding 40 years from their dates, bear interest at such rate or
rates, be in such denominations and form, be executed in such manner and be
sold at such time or times and in such manner as the Board may hereafter
provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the County for the
payment of principal of and premium, if any, and interest on which its full
faith and credit shall be irrevocably pledged.
5. The Clerk of the Board, in collaboration with the County
Attorney, is authorized and directed to see to the immediate filing of a
certified copy of this resolution in the Circuit Court of Isle of Wight County,
Virginia.
6. This resolution shall take effect immediately.
22
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Resolution Providing for the Issuance and Sale of General Obligation
Public Improvement Bonds, Series 2008B, of Isle of Wight County,
Virginia in a Principal Amount Not to Exceed $25,000,000 and
Providing for the Form, Details and Payment Thereof.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION PROVIDING FOR THE ISSUANCE
AND SALE OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES 2008B, OF
ISLE OF WIGHT COUNTY, VIRGINIA, IN A
PRINCIPAL AMOUNT NOT TO EXCEED
$25,000,000, AND PROVIDING FOR THE FORM,
DETAILS AND PAYMENT THEREOF
WHEREAS, pursuant to Section 10(b) of Article VII of the
Constitution of Virginia and Section 15.2 -2639 (formerly Section 15.1-
227.40) of the Code of Virginia of 1950, as amended, Isle of Wight County,
Virginia (the "County"), has elected by affirmative vote of the qualified
voters of the County, to be treated as a city for the purpose of issuing its
bonds;
WHEREAS, on November 20, 2008, the County Board of Supervisors
(the "Board adopted a resolution authorizing the issuance of general
obligation public improvement bonds in a principal amount not to exceed
$25,000,000 to finance the acquisition, construction and equipping of
courthouse and public safety facilities, public buildings, public utility
improvements and economic development land acquisitions (the "Project
none of which bonds have been issued and sold; and
WHEREAS, the County administration, in consultation with Davenport
Company LLC, the County's financial advisor (the "Financial Advisor
has recommended to the Board that the County issue and sell a single series
of general obligation public improvement bonds in a principal amount not to
exceed $25,000,000;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
1. Issuance of Bonds. There shall be issued and sold, pursuant to
the Constitution and statutes of the Commonwealth of Virginia, including the
Public Finance Act of 1991, general obligation public improvement bonds of
the County in the maximum aggregate principal amount of $25,000,000 (the
23
"Bonds to (a) provide funds to finance the Project and (b) pay the costs
incurred in connection with issuing the Bonds.
2. Bond Details. The Bonds shall be designated "General
Obligation Public Improvement Bonds, Series 2008B," or such other
designation as shall be determined by the County Administrator, shall be in
registered form, shall be dated such date as determined by the County
Administrator, shall be in denominations of $5,000 and integral multiples
thereof, and shall be numbered R -1 upward. Subject to Section 8, the
issuance and sale of the Bonds are authorized on terms as shall be
satisfactory to the County Administrator; provided, however, that the Bonds
shall (a) have a "true" or "Canadian" interest cost not to exceed 7.0% (taking
into account any original issue discount or premium), (b) (i) be sold at a price
not Tess than 98% of the original aggregate principal amount thereof
(excluding any original issue discount) if the Bonds are sold by competitive
sale or (ii) be sold at a price not less than 98% of the original aggregate
principal amount thereof (excluding any original issue discount) if the Bonds
are sold by negotiated sale and (c) shall mature or be subject to mandatory
sinking fund redemptions in annual installments ending no later than
December 31, 2033. Principal of the Bonds shall be payable annually and
interest on the Bonds shall be payable semiannually on dates determined by
the County Administrator.
Each Bond shall bear interest at such rate as shall be determined at the
time of sale, calculated on the basis of a 360 -day year of twelve 30 -day
months. Principal and premium, if any, shall be payable to the registered
owners upon surrender of Bonds as they become due at the office of the
Registrar (as hereinafter defined). Interest shall be payable by check or draft
mailed to the registered owners at their addresses as they appear on the
registration books kept by the Registrar on a date prior to each interest
payment date that shall be determined by the County Administrator (the
"Record Date Principal, premium, if any, and interest shall be payable in
lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be
issued to and registered in the name of The Depository Trust Company, New
York, New York "DTC or its nominee. The County has heretofore
entered into a Blanket Letter of Representations relating to a book -entry
system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds
appointed pursuant to this Section.
In the event that (a) the Securities Depository determines not to
continue to act as the securities depository for the Bonds by giving notice to
the Registrar, and the County discharges its responsibilities hereunder, or (b)
the County in its sole discretion determines (i) that beneficial owners of
Bonds shall be able to obtain certificated Bonds or (ii) to select a new
Securities Depository, then its chief financial officer shall, at the direction of
24
the County, attempt to locate another qualified securities depository to serve
as Securities Depository and authenticate and deliver certificated Bonds to
the new Securities Depository or its nominee, or authenticate and delivered
certificated Bonds to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in the form provided
for in Section 5; provided, however, that such form shall provide for interest
on the Bonds to be payable (A) from the date of the Bonds if they are
authenticated prior to the first interest payment date, or (B) otherwise from
the interest payment date that is or immediately precedes the date on which
the Bonds are authenticated (unless payment of interest thereon is in default,
in which case interest on such Bonds shall be payable from the date to which
interest has been paid). In delivering certificated Bonds, the chief financial
officer shall be entitled to rely on the records of the Securities Depository as
to the beneficial owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such certificated Bonds
will then be registrable, transferable and exchangeable as set forth in Section
7.
So long as there is a Securities Depository for the Bonds (1) it or its
nominee shall be the registered owner of the Bonds, (2) notwithstanding
anything to the contrary in this Resolution, determinations of persons entitled
to payment of principal and interest, transfers of ownership and exchanges
and receipt of notices shall be the responsibility of the Securities Depository
and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the Registrar and the County shall not be
responsible or liable for maintaining, supervising or reviewing the records
maintained by the Securities Depository, its participants or persons acting
through such participants, (4) references in this Resolution to registered
owners of the Bonds shall mean such Securities Depository or its nominee
and shall not mean the beneficial owners of the Bonds and (5) in the event of
any inconsistency between the provisions of this Resolution and the
provisions of the above referenced Blanket Letter of Representations such
provisions of the Blanket Letter of Representations, except to the extent set
forth in this paragraph and the next preceding paragraph, shall control.
3. Redemption Provisions. The Bonds may be subject to
redemption prior to maturity at the option of the County on or after dates, if
any, determined by the County Administrator, in whole or in part at any time,
at a redemption price not to exceed 102% of the principal amount of Bonds to
be redeemed, together with any interest accrued and unpaid to the redemption
date.
Any term bonds may be subject to mandatory sinking fund redemption
upon terms determined by the County Administrator.
If less than all of the Bonds are called for redemption, the Bonds to be
redeemed shall be selected by the County's chief financial officer in such
manner as the chief financial officer may determine to be in the best interest
25
of the County. If less than all the Bonds of a particular maturity are called
for redemption, the Bonds within such maturity to be redeemed shall be
selected by the Securities Depository pursuant to its rules and procedures or,
if the book -entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may determine. In either
case, (a) the portion of any Bond to be redeemed shall be in the principal
amount of $5,000 or some integral multiple thereof and (b) in selecting
Bonds for redemption, each Bond shall be considered as representing that
number of Bonds that is obtained by dividing the principal amount of such
Bond by $5,000. The County shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by
facsimile or electronic transmission, registered or certified mail or overnight
express delivery, not less than 30 nor more than 60 days prior to the
redemption date, to the registered owner of the Bonds. The County shall not
be responsible for sending notice of redemption to anyone other than DTC or
another qualified Securities Depository or its nominee unless no qualified
Securities Depository is the registered owner of the Bonds. If no qualified
Securities Depository is the registered owner of the Bonds, notice of
redemption shall be sent to the registered owners of the Bonds. If a portion
of a Bond is called for redemption, a new Bond in principal amount equal to
the unredeemed portion thereof will be issued to the registered owner upon
the surrender thereof.
In the case of an optional redemption, the notice may state that (1)
it is conditioned upon the deposit of moneys, in an amount equal to the
amount necessary to effect the redemption, no later than the redemption
date or (2) the County retains the right to rescind such notice on or prior
to the scheduled redemption date (in either case, a "Conditional
Redemption and such notice and optional redemption shall be of no
effect if such moneys are not so deposited or if the notice is rescinded as
described herein. Any Conditional Redemption may be rescinded at any
time. The County shall give prompt notice of such rescission to the
affected Bondholders. Any Bonds subject to Conditional Redemption
where redemption has been rescinded shall remain outstanding, and the
rescission shall not constitute an event of default. Further, in the case of
a Conditional Redemption, the failure of the County to make funds
available on or before the redemption date shall not constitute an event
of default, and the County shall give immediate notice to all
organizations registered with the Securities and Exchange Commission
as securities depositories or the affected Bondholders that the
redemption did not occur and that the Bonds called for redemption and
not so paid remain outstanding.
4. Execution and Authentication. The Bonds shall be signed by the
manual or facsimile signature of the Chairman or Vice Chairman of the
Board, shall be countersigned by the manual or facsimile signature of the
Clerk or Deputy Clerk of the Board and the Board's seal shall be affixed
26
thereto or a facsimile thereof printed thereon; provided, however, that if both
of such signatures are facsimiles, no Bond shall be valid until it has been
authenticated by the manual signature of an authorized officer or employee of
the Registrar and the date of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the form of
Exhibit A attached hereto, with such completions, omissions, insertions and
changes not inconsistent with this Resolution as may be approved by the
officers signing the Bonds, whose approval shall be evidenced conclusively
by the execution and delivery of the Bonds.
6. Pledge of Full Faith and Credit. The full faith and credit of the
County are irrevocably pledged for the payment of principal of and premium,
if any, and interest on the Bonds. Unless other funds are lawfully available
and appropriated for timely payment of the Bonds, the Board shall levy and
collect an annual ad valorem tax, over and above all other taxes authorized or
limited by law and without limitation as to rate or amount, on all locally
taxable property in the County sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The County
Administrator is hereby authorized and directed to appoint a qualified bank
or trust company as paying agent and registrar for the Bonds (the
"Registrar The Registrar shall maintain registration books for the
registration and registration of transfers of Bonds. Upon presentation and
surrender of any Bonds at the corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his duly
authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the County shall execute and the Registrar shall
authenticate, if required by Section 4, and deliver in exchange, a new Bond or
Bonds having an equal aggregate principal amount, in authorized
denominations, of the same form and maturity, bearing interest at the same
rate, and registered in names as requested by the then registered owner or his
duly authorized attorney or legal representative. Any such exchange shall be
at the expense of the County, except that the Registrar may charge the person
requesting such exchange the amount of any tax or other governmental
charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person exclusively
entitled to payment of principal, premium, if any, and interest and the
exercise of all other rights and powers of the owner, except that interest
payments shall be made to the person shown as owner on the registration
books on the Record Date.
8. Sale of Bonds.
(a) The Board approves the following terms of the sale of the Bonds.
The Bonds shall be sold through a competitive sale or a negotiated sale with a
qualified investment banking firm (the "Underwriter as the County
27
Administrator, in collaboration with the Financial Advisor, determines to be
in the best interest of the County. The County Administrator, in
collaboration with the Financial Advisor, is authorized and directed to
determine (i) the aggregate principal amount of the Bonds, subject to the
limitations set forth in Section 1, (ii) the interest rates of the bonds, maturity
schedule of the Bonds, and the prices to be paid for the Bonds by the
purchaser or the Underwriter (as applicable), subject to the limitations set
forth in Section 2, (iii) the redemption provisions of the Bonds, subject to the
limitations set forth in Section 3, and (iv) the dated date, the principal and
interest payment dates and the Record Date of the Bonds, all as the County
Administrator determines to be in the best interest of the County.
(b) If the County Administrator determines to sell the Bonds by
competitive sale, the County Administrator is authorized to receive bids for
the Bonds and award the Bonds to the bidder providing the lowest "true" or
"Canadian" interest cost, subject to the limitations set forth in Section 2.
Following a competitive sale, the County Administrator shall file a certificate
with the Clerk of the Board setting forth the final terms of the Bonds. The
actions of the County Administrator in selling the Bonds shall be conclusive,
and no further action with respect to the sale and issuance of the Bonds shall
be necessary on the part of the Board.
(c) If the County Administrator determines to sell the Bonds by
negotiated sale with the Underwriter, the County Administrator is authorized
to execute and deliver to the Underwriter a bond purchase agreement (the
"Bond Purchase Agreement between the County and the Underwriter. The
Bond Purchase Agreement shall be in the form approved by the County
Administrator, in collaboration with the County Attorney and the County's
bond counsel, and shall reflect the final terms of the Bonds. The execution of
the Bond Purchase Agreement by the County Administrator shall constitute
conclusive evidence of his approval of such completions, omissions,
insertions and changes necessary to reflect the final terms of the bonds.
Following a negotiated sale, the County Administrator shall file a copy of the
Bond Purchase Agreement with the records of the Board. The actions of the
County Administrator in selling the Bonds by negotiated sale to the
Underwriter shall be conclusive, and no further action with respect to the sale
and issuance of the Bonds shall be necessary on the part of the Board.
9. Notice of Sale. If the Bonds are sold by competitive bid, the
County Administrator, in collaboration with the Financial Advisor, is
authorized and directed to take all proper steps to have prepared and
distributed, in accordance with standard practices of municipal securities, a
notice of sale to advertise the Bonds for sale. Such notice of sale shall be in a
form that is not inconsistent with the provisions of this Resolution and as the
County Administrator may consider to be in the best interest of the County.
10. Official Statement. A draft of a Preliminary Official Statement
describing the Bonds, copies of which have been provided to the members of
the Board, is approved as the form of the Preliminary Official Statement by
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which the Bonds will be offered for sale, with such completions, omissions,
insertions and changes not inconsistent with this Resolution as the County
Administrator, in collaboration with the Financial Advisor, may consider
appropriate. After the Bonds have been sold, the County Administrator, in
collaboration with the Financial Advisor, shall make such completions,
omissions, insertions and changes in the Preliminary Official Statement not
inconsistent with this Resolution as are necessary or desirable to complete it
as a final Official Statement, execution thereof by the County Administrator
to constitute conclusive evidence of his approval of any such completions,
omissions, insertions and changes. The County shall arrange for the delivery
to the purchaser or Underwriter of the Bonds of a reasonable number of
copies of the final Official Statement, within seven business days after the
Bonds have been sold, for delivery to each potential investor requesting a
copy of the Official Statement and to each person to whom such purchaser or
Underwriter initially sell Bonds.
11. Official Statement Deemed Final. The County Administrator is
authorized, on behalf of the County, to deem the Preliminary Official
Statement and the Official Statement in final form, each to be final as of its
date within the meaning of Rule 15c2 -12 "Rule 15c2 -12 of the Securities
and Exchange Commission (the "SEC except for the omission in the
Preliminary Official Statement of certain pricing and other information
permitted to be omitted pursuant to Rule 15c2 -12. The distribution of the
Preliminary Official Statement and the Official Statement in final form shall
be conclusive evidence that each has been deemed final as of its date by the
County, except for the omission in the Preliminary Official Statement of such
pricing and other information permitted to be omitted pursuant to Rule 15c2-
12.
12. Preparation and Delivery of Bonds. After the Bonds have been
awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of
the Board are authorized and directed to take all proper steps to have the
Bonds prepared and executed in accordance with their terms and to deliver
the Bonds to the purchaser or Underwriter thereof upon payment therefore.
13. Arbitrage Covenants. The County covenants that it shall not take
or omit to take any action the taking or omission of which will cause the
Bonds to be "arbitrage bonds" within the meaning of Section 148 of the
Code, or otherwise cause interest on the Bonds to be includable in the gross
income of the registered owners thereof under existing law. Without limiting
the generality of the foregoing, the County shall comply with any provision
of law which may require the County at any time to rebate to the United
States any part of the earnings derived from the investment of the gross
proceeds of the Bonds, unless the County receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent
interest on the Bonds from being includable in the gross income of the
registered owners thereof under existing law. The County shall pay any such
required rebate from its legally available funds.
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14. Non Arbitrage Certificate and Elections. Such officers of the
County as may be requested are authorized and directed to execute an
appropriate certificate setting forth the expected use and investment of the
proceeds of the Bonds in order to show that such expected use and
investment will not violate the provisions of Section 148 of the Code, and
any elections such officers deem desirable regarding rebate of earnings to the
United States for purposes of complying with Section 148 of the Code. Such
certificate and elections shall be in such form as may be requested by bond
counsel for the County.
15. Limitation on Private Use. The County covenants that it shall not
permit the proceeds of the Bonds or the facilities financed with the proceeds
of the Bonds to be used in any manner that would result in (a) 5% or more of
such proceeds or the facilities financed with such proceeds being used in a
trade or business carried on by any person other than a governmental unit, as
provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or
the facilities financed with such proceeds being used with respect to any
output facility (other than a facility for the furnishing of water), within the
meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such
proceeds being used directly or indirectly to make or finance loans to any
persons other than a governmental unit, as provided in Section 141(c) of the
Code; provided, however, that if the County receives an opinion of nationally
recognized bond counsel that any such covenants need not be complied with
to prevent the interest on the Bonds from being includable in the gross
income for federal income tax purposes of the registered owners thereof
under existing law, the County need not comply with such covenants.
16. Continuing Disclosure Agreement. The County Administrator is
hereby authorized and directed to execute a continuing disclosure agreement
(the "Continuing Disclosure Agreement setting forth the reports and
notices to be filed by the County and containing such covenants as may be
necessary to assist the purchasers of the Bonds in complying with the
provisions of the Rule promulgated by the SEC. The Continuing Disclosure
Agreement shall be substantially in the form of the draft which has been
provided to members of the Board, with such completions, omissions,
insertions and changes that are not inconsistent with this Resolution.
17. SNAP Investment Authorization. The Board has received and
reviewed the Information Statement (the "Information Statement describing
the State Non Arbitrage Program of the Commonwealth of Virginia
"SNAP and the Contract Creating the State Non Arbitrage Program Pool I
(the "Contract"), and the Board has determined to authorize the County
Administrator to utilize SNAP in connection with the investment of the
proceeds of the Bonds, if the County Administrator determines that the
utilization of SNAP is in the best interest of the County. The Board
acknowledges that the Treasury Board of the Commonwealth of Virginia is
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not, and shall not be, in any way liable to the County in connection with
SNAP, except as otherwise provided in the Contract.
18. Other Actions. All other actions of officers of the County in
conformity with the purposes and intent of this Resolution and in furtherance
of the issuance and sale of the Bonds are approved and confirmed. The
officers of the County are authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the issuance, sale and
delivery of the Bonds.
19. Repeal of Conflicting Resolutions. All resolutions or parts of
resolutions in conflict herewith are repealed.
20. Effective Date. This Resolution shall take effect immediately.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
G. An Ordinance to Amend Chapter 12, Offenses- Miscellaneous,
Section 12 -11, Hunting Near Public Schools or Parks Prohibited.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Brown moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 12. OFFENSES MISCELLANEOUS.
SECTION 12 -11. HUNTING NEAR PUBLIC SCHOOLS OR PARKS
PROHIBITED.
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the safety and security of the citizens of Isle of Wight
County; and
WHEREAS, in order to address this problem, the Board of
Supervisors deems it appropriate to enact revisions to Chapter 12 of the
Isle of Wight County Code.
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NOW THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Chapter 12. Offenses
Miscellaneous. Section 12 -11. Hunting near public schools or parks
prohibited be repealed and reenacted as follows:
Sec. 12 -11. Hunting near public schools or parks prohibited.
(a) No person shall shoot, hunt or attempt to hunt with a firearm
within one hundred (100) yards of any property line of any county public
school or county park within the Newport Development Service District and
the Hardy Magisterial District.
(b) No person shall transport, possess or carry a loaded firearm
within one hundred (100) yards of any property line of any county public
school or county park within the Newport Development Service District and
the Hardy Magisterial District, except as otherwise permitted by state law.
(c) The provisions of this section shall not apply to the discharge of a
firearm for the killing of deer pursuant to Section 29.1 -529 of the Code of
Virginia (1950, as amended). This exemption shall apply on land of at least
five acres that is zoned for rural agricultural use.
(d) Any person violating the provisions of this section shall be guilty
of a Class 4 misdemeanor. (4- 16 -92; 10 -2 -08; 11- 20 -08.)
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
H. An Amendment to the Isle of Wight County FY 2008 -09 Capital
Budget.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed budget amendment.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board amend the Capital Budget
to increase it to a total of $34,869,584. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
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Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR THE COMPLETION OF VARIOUS
CARRYOVER CAPITAL PROJECTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the carryover of previously appropriated funds for
various capital projects; and,
WHEREAS, the funds in the amount of two million two hundred
seventy-one thousand three hundred thirty-seven dollars ($2,271,337) need to
be appropriated to complete various approved capital projects from the
Designated Fund Balance to the FY 2008 -09 General Operating and Capital
Budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the sum of
two million two hundred seventy-one thousand three hundred thirty-seven
dollars ($2,271,337) from the Designated Fund Balance be appropriated to
the FY 2008 -09 General Operating and Capital Budget of the County of Isle
of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
1/
Supervisor Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
/1
Chairman Clark called for Regional Reports.
Supervisor Bradshaw reported that the Governor, at the VACo Annual
Conference, had addressed the economic condition and the budget of the
State. He advised that he would be meeting with the Governor and the
Virginia Municipal League to address further options with the proposed
33
budget. He reported that Speaker Howell of the House of Delegates had also
been present and that he had met with the President of VACo to discuss how
VACo can play a role in resolving the current fiscal crisis with respect to the
proposed State budget.
County Administrator Caskey reported that the Hampton Roads
Metropolitan Planning Organization is currently discussing proposed by -laws
for that organization.
County Administrator Caskey advised that the Hampton Roads
Planning District Commission had held a joint meeting with the Southeastern
Public Service Authority (SPSA) Board of Directors regarding the findings
of the Solid Waste 2018 Plan, a copy of which has been forwarded to the
Board under separate cover. He advised that over the next several months, all
of the SPSA member jurisdictions will be asked to provide comments and
recommendations relative to the Plan.
Supervisor Bradshaw requested that County Administrator Caskey
provide all relevant information regarding SPSA to the Board's Finance
Committee.
Chairman Clark reported that the Southside Mayors and Chairs had met
with Opportunity, Inc. to discuss various opportunities relative to workforce
development in the Hampton Roads area.
Supervisor Bradshaw advised that he, Chairman Clark and various
other staff had attended a breakfast held by the Social Services Department.
1/
Chairman Clark called for Transportation Matters.
No transportation items were offered for discussion.
Chairman Clark called for Citizens Comments.
Sadie Boyer, Newport District, requested assurance that if a revised
plan for Benns Grant is resubmitted to either the Planning Commission or the
Board of Supervisors that a public hearing would be held on the matter and
that it would not be listed under Old Business on the Board's agenda.
Interim County Attorney Burton advised that if an amended plan was
submitted, it would first have to go before the Planning Commission for a
public hearing and then it would be sent to the Board for another public
hearing, as well.
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Delores Darden, Windsor District, stated that outstanding issues, such
as transportation and economics, first need to be discussed about the Benns
Grant project. She stated that she would like to know what assurance the
County will have with respect to the developer not backing out again if the
County decides to pursue this project. She requested that this project not be
extended past December 2008.
Nancy Newlen, Animal Shelter volunteer, addressed the inadequacy of
the current animal shelter and requested that it be addressed.
Pat Clark, Twin Hill Lane, credited the Benns Grant representatives for
being present at a vast majority of the Isle of Wight Citizens Association's
monthly meetings in an effort to keep the public well briefed on any new
developments relative to the Benn's Grant project. He noted that it appears
that they have listened carefully to the comments made by citizens.
Rick Bodson, Smithfield District, advised that the Smithfield Town
Council and the Isle of Wight Arts League have adopted the Smithfield and
Isle of Wight Convention and Visitor's Bureau Memorandum of
Understanding and that the Isle of Wight Arts League has signed an
independent, but essentially an identical, lease agreement. He requested that
the Board approve the MOU and lease agreement related to "Relay for Life
He confirmed that Isle of Wight/Surry ranked number one (1) in the south
Atlantic Division for per capita fundraising.
Thomas Finderson, Sugar Hill Road, inquired if removing the use of
the office park from an application is considered a major revision and, if so,
he believes it to be unfair to charge a developer $51,000 because he is
proposing a smaller project. He reminded the Board that ten (10) months
ago, the Smithfield traffic was already considered beyond extremely unstable
and that Brewer's Neck traffic bordered on beyond failure on the twentieth
year. He noted that background traffic has not increased uniformly over the
twenty (20) year period and that the St. Luke's Village traffic was in the
background traffic, which is expected to increase greatly in five (5) years
when the project is projected to be built out. He stated that the project may
be doable if the developer removes the office park and half of the residential,
with the other half becoming age restricted residential. He stated that the
County and the Town of Smithfield will not be able to approve any more
large rezonings. He noted that the County is basically handing over its
control of development to these owners with respect to whether or not these
projects are developed.
Dawn Morris, representing the Isle of Wight Humane Society,
expressed a need for a new Animal Control shelter due to the existing facility
not meeting the State's standards for air quality and sanitation.
/1
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Chairman Clark called for the County Attorney's report.
Interim County Attorney Burton reported that he had investigated the
potential liability of a third -party relative to the sanitary sewer overflow issue
at the Woodbridge Crossing development pursuant to the Board's directive.
He advised that an informational item has been included in the Board's
agenda; however, further investigation will be necessary. He requested that
the Board support the resolution pertaining to this issue under the General
Services report.
Interim County Attorney Burton requested that his office be authorized
to advertise a proposed revision to Chapter 15 Taxation for public hearing at
the Board's December 18, 2008 meeting.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to advertise the proposed revision for public hearing at the
Board's December 18, 2008 meeting. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested that his office be authorized
to advertise a proposed revision to Chapter 5 Polling Precinct for public
hearing.
Supervisor Wright moved that the Board authorize the County
Attorney's office to advertise the proposed revision for public hearing at the
Board's December 4, 2008 meeting. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested the Board authorize the
Chairman to execute a Letter of Intent with Ms. Eure to purchase 115.58
acres or a portion thereof for the intermodal park.
Supervisor Wright moved that the Board authorize the Chairman to
execute the Letter of Intent with Ms. Eure on behalf of the Board. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney Burton requested that his office be authorized
to advertise the cable franchise for public hearing at the Board's December 4,
2008 meeting.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to advertise the cable franchise for public hearing at the
Board's December 4, 2008 meeting. The motion was adopted by a vote of
36
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested the Board's authorization
for the Chairman to execute a lease agreement with the Smithfield and Isle of
Wight Convention and Visitor's Bureau.
Supervisor Casteen moved that the Board authorize the Chairman to
execute the lease agreement on behalf of the Board. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Interim County Attorney Burton requested that the Chairman be
authorized to execute the Memorandum of Understanding with the Smithfield
and Isle of Wight Convention and Visitor's Bureau.
Supervisor Casteen moved that the Board authorize the Chairman to
execute the Memorandum of Understanding on behalf of the Board. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney requested that his office be authorized to
advertise a proposed revision to Chapter 17 Wetlands Zoning for public
hearing at the Board's December 18, 2008 meeting.
Chairman Clark moved that the Board authorize the County Attorney's
office to advertise the proposed revision for public hearing at the Board's
December 18, 2008 meeting. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested that his office be authorized
to advertise a proposed amendment to the Zoning Ordinance, Appendix B for
public hearing at the Board's December 18, 2008 meeting.
Supervisor Wright moved that the Board authorize the County
Attorney's office to advertise the proposed amendments to the Zoning
Ordinance for public hearing at the Board's December 18, 2008 meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton distributed a copy of the Board's
current Rules of Procedure and requested that the Board review same and
advise him of any changes to be made at the Board's December 18, 2008
37
meeting so that the Bylaws will be ready for the Board's consideration at its
organizational meeting on January 8, 2009.
Interim County Attorney Burton advised that he had four (4) matters to
discuss with the Board later during Closed Meeting.
Chairman Clark called for the General Services report.
Eddie P. Wrightson, Director of General Services, stated pursuant to a
sewer overflow complaint voiced by Maggie O'Dreyer in the Woodbridge
Crossing development at the Board's September meeting, staff has
investigated the matter and determined that the sewer line had been
constructed with the Eagle Harbor development in 2002. He advised that on-
site consultations with the County's indefinite services Engineer reflect a
mis- aligned pipe joint section and a reversed grade pipe. He recommended
that a traffic maintenance plan be developed; that staff meet with
representatives of Eagle Harbor and VDOT; that a set of construction plans
be developed to dig up that section on the Eagle Harbor side where the pipe
is misaligned; and, that certain surveying be accomplished to determine if
grade is sufficient to relay the pipe that is reverse graded. He stated if the
pipe can not be relayed, staff will be returning with different alternatives.
He requested approximately $31,000 in order to conduct consulting services
with respect to water issues related to future water sources in the Newport
and Windsor District and that staff review the possible expansion of service
areas and assist with prioritization of projects in the Master Water and Sewer
Plan. He noted that included in the agenda is a Resolution to Appropriate
Funds from the Unappropriated Fund Balance for Professional Consulting
Services for Public Utilities, which he recommends the Board adopt.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR PROFESSIONAL
CONSULTING SERVICES FOR PUBLIC UTILITIES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved professional consulting services for public utilities;
and,
WHEREAS, funds in the amount of fifty thousand dollars ($50,000)
need to be appropriated from the Unappropriated Fund Balance of the
General Fund to the FY 2008 -09 General Operating Budget and Public
Utilities Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that fifty thousand dollars ($50,000)
38
from the Unappropriated Fund Balance of the General Fund be appropriated
to the FY 2008 -09 General Operating Budget and Public Utilities Budget of
the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
1/
Chairman Clark called for the County Administrator's report.
County Administrator Caskey presented a Resolution of Appreciation
to Melanie Goerger on her departure from service with the County for the
Board's consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION OF APPRECIATION
MELANIE D. GOERGER
WHEREAS, Melanie D. Goerger, began her career with Isle of Wight
County as the Virginia Cooperative Extension Agent, 4 -H Youth
Development, and Unit Coordinator in 2003; and,
WHEREAS, during her tenure Ms. Goerger has worked in
collaboration with many local and district wide 4 -H, Agriculture and Natural
Resources, and Family and Consumer Sciences agents, and civic groups to
make 4 -H an integral program in Isle of Wight and to develop exciting and
innovative programs, and has achieved a 77.6% increase in enrollment since
2003; and,
WHEREAS, there has been a noticeable growth in school enrichment
programs under Ms. Goerger's direction. The expanded programs include:
Carrsville, Westside and Windsor Elementary schools joining the 4 -H
Presentation Project, starting an environmental education program at
Westside Elementary, and starting a LEGO Robotics Team in a home school
cooperative; and,
WHEREAS, Ms. Goerger planned and implemented the 4 -H Smart
Choices program though a Governor's Office for Substance Abuse
Prevention grant in an at -risk group at the Jersey Park Apartment Complex.
Through this program, at -risk youth have gained knowledge in understanding
39
the importance of working with adult mentors, how to change the negative
image of their community, and how to be strong citizens.
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Melanie D. Goerger be recognized and commended
for her distinguished service to the citizens of Isle of Wight County, and is
presented this Resolution as a token of the Board's gratitude and esteem; and,
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to Melanie D. Goerger its best wishes for her future
endeavors and orders that a copy of this Resolution be spread upon the
minutes of this Board this 20` day of November 2008.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw advised that he has requested staff to check with
the Extension Service with respect to the position being filled in light of
recent budgetary constraints.
County Administrator Caskey advised that a formal resolution would
be presented to Ms. Goerger at the Board's December 18, 2008 meeting.
County Administrator Caskey advised that the following statement will
be communicated to the citizens of the County with respect to consideration
of budgetary savings and the down turn of the economy:
"Isle of Wight County is reporting a positive financial outlook for
fiscal year 2009. The Board has positioned itself to address any issues
that may arise during the current financial situation through prudent
fiscal management; the County Administrator and the Budget and
Finance Director will continue to monitor revenues and expenses on a
monthly basis and will keep the Board informed if there are any
changes. County staff will be looking at possible cost saving measures
for the future, to include the following:
Conducting a personnel analysis and efficiency study;
Continuing the effort to pursue shared services with the school
system;
Potential outsourcing of various services;
Evaluating other funding sources; and,
Assessing energy operating efficiencies.
The County Administrator has requested staff continue to watch
departmental expenses closely. The Budget and Finance Director will
continue to monitor the County's financial health; if necessary,
additional measures to contain expenses will be recommended for
40
implementation, to include the deferral of capital projects and initiating
a freeze on hiring for positions that are not related to public safety."
Chairman Clark reported that the County is in good financial condition.
He stated that the Board is mindful of the County's financial condition,
which is why the above cautionary document is being issued. He advised
that Standard Poor's has increased the County's bond rating from A+ to
AA- and Moody's has increased it from A2 to Al
Supervisor Bradshaw advised that as a result of International Paper's
permanent closure of one (1) of its paper machines, he recently met with the
Commissioner of Revenue, who, in turn, made contact with International
Paper's corporate officials, who have advised that the current and next year's
budget will not be impacted. He advised that the Budget and Finance
Committee will be meeting with International Paper management to discuss
what is anticipated in the future. He noted that he has also heard rumors that
ATC Panels will be permanent closing and that he will keep the Board
apprised as information is forthcoming.
Supervisor Bradshaw commented that the Commissioner of Revenue
and Treasurer will be keeping the Budget and Finance Committee apprised
with respect to foreclosures and collection rates and how they are impacting
the County's tax base. He commented that the Board does not yet know how
severe the impact will be with respect to K -12 education.
1/
Chairman Clark called for consideration of the Consent Agenda.
A. Update on Regional Task Force to End Homelessness Activities
B. Department of Motor Vehicles Grant
Resolution to Accept and Appropriate Funding from the
Virginia Department of Motor Vehicles
C. Application for Grant Funds The Retail Alliance of Greater
Hampton Roads Funding
Resolution to Accept and Appropriate Grant Funds from
the Retail Alliance of Greater Hampton Roads for County
Wide Plastic Bag Litter Education
D. VDOT Acceptance of New Secondary Roads in Eagle Harbor
Tract One (1), Phases One (1) and Two (2), Graystone
Subdivision
Resolution of the Board of Supervisors of Isle of Wight
41
Supervisor Brown moved that the Consent Agenda be approved. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
County Requesting Acceptance of Certain Roads in Eagle
Harbor Tract 1, Phases 1 and 2, Graystone Subdivision into
the Secondary System of State Highways
E. Health Insurance Coverage for Board of Supervisors' Members
Resolution to Include Board of Supervisors' Members in
County Group Health Coverage
F. Salary Supplements for Commonwealth Attorney's Office
G. Update Isle of Wight/Franklin Skating Rink/Proposed Holiday
Closing Dates
H. Monthly Financial Reports for County and Schools
I. Planning Commission Action List of October 28, 2008.
Chairman Clark called for Appointments.
There were no appointments offered.
Chairman Clark called for Old Business.
Ms. Walkup advised that the applicant for Benns Church Properties and
the applicant for the rezoning of Benns Grant have requested an opportunity
to speak to the Board with respect to the following applications:
A. The application of Benns Church Properties, owner, and AH
Benns Grant LLC, applicant, for a Conditional Use Permit for a
proposed Wal -Mart to allow construction of a commercial retail
facility with a building footprint greater than 80,000 square feet,
which will include the following uses: drive through pharmacy;
garden center; and motor vehicle repair service /minor on
approximately 21.2 acres of land on the west side of Benns
Church Boulevard (Route 10/32) north of Muddy Cross Drive
(Route 620) in the Windsor Election District.
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B. The application of Isle of Wight Materials Company, Inc., Henry
W. Morgan, Richard L. Turner, Benns Church Properties, Arthur
R. Kirk, Kirk Timber Farming Company, Kirk Lumber
Company, Bruce R. Kirk, Lynn K. Rose, Russell B. Rose, John
R. Rose, J. Stokes Kirk, Sr., Family Trust, and Eagle Harbor,
LLC, owners, and Benns Grant Commercial Development, Inc.,
Benns Grant Residential Development, Inc., and AH Benns
Grant, LLC, applicants, for a change in zoning classification from
Rural Agricultural Conservation (RAC) and General Commercial
(GC) to Conditional Planned Development Mixed Use (C -PD-
MX) of approximately 618.6 acres of land located on the west
side of Benns Church Boulevard (Rt. 10) near its intersection
with Brewers Neck Boulevard (Route 10/32/258), in the Windsor
Election District. The purpose of the application is to allow for
construction of a mixed use development, including residential,
commercial, civic, and office development.
Henry Morgan, 22048 Ballard Creek Drive, requested that the rezoning
application be referred back to the Planning Commission as a result of
significant changes that will be made to the current application. He stated
that there will be a public hearing by the Planning Commission so that the
citizens will have amply opportunity to address the revised plan. He advised
that Land Planning Solutions has been hired to develop a land use plan to
modify the scale of the project by reducing significantly the number of
housing units and acreage. He advised that the phasing schedule will also be
revised, as well as the proffers that will reflect the modification of scale. He
advised that Kimley Horn will be engaged to update the studies previously
submitted so as to reflect any changes. He advised that Interstate Real Estate
Development will also provide input with respect to the commercial portion
of the mixed use.
Mr. Morgan advised that he will begin to work with staff between now
and December 23, 2008 on the application revisions and that he hopes to
formally submit an amended application to the Planning Commission at its
December 23, 2008 meeting, which will be followed a public hearing by that
body. He advised that the application could possibly be referred back to the
Board in the March timeframe for a public hearing. He stated that he does
not anticipate any changes to the Conditional Use Permit application.
Michele Nidafer, Interstate Realty and Development Company, stated
that he intends to work with every interested citizen in an effort to develop a
project that everyone is proud of and that increases the revenue, tax base and
jobs in the County.
Supervisor Bradshaw moved that the Board refer the Conditional Use
Permit to the Planning Commission at the request of the applicant. The
motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown,
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Clark and Wright voting in favor of the motion and Supervisor Casteen
voting against the motion.
Supervisor Bradshaw moved that the Board refer the rezoning
application back to the Planning Commission at the request of the applicant
through the time period in which to process the application. The motion was
adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and
Wright voting in favor of the motion and Supervisor Casteen voting against
the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
COMPENSATION PLAN PAY ADJUSTMENTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized pay adjustments for County employees effective
January 1, 2009; and,
WHEREAS, funds in the amount of one hundred twenty-two thousand
and eighty five dollars ($122,085) needs to be appropriated to the appropriate
line items in the FY 2008 -09 General Operating Budget of the County of Isle
of Wight, Virginia.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that one hundred twenty-two thousand and eighty
five dollars ($122,085) from the Unappropriated Fund Balance of the General
Fund be appropriated to the FY 2008 -09 General Operating Budget of the
County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
/1
Chairman Clark called for New Business.
There was no new business offered for discussion.
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/1
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2- 3711.A.3 of the Code of Virginia for the limited purpose of
discussion regarding the acquisition of real properties in the Hardy District;
pursuant to Section 2.2- 3711.A.1 for discussion regarding a personnel matter
relating to a specific public official; pursuant to Section 2.2- 3711.A.3 for the
discussion regarding the acquisition of real property for the intermodal park;
and, pursuant to Section 2.2- 3711.A.7 for discussion with legal counsel
pertaining to the Shirley T. Holland Commerce Park.
Chairman Clark 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 Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Wright 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
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: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
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Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
With respect to an engineering study for drainage issues at the
Museum, Supervisor Casteen moved that the Board authorize the Scope of
Work for $10,479. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
1/
At 10:35 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
grey ills StOrm, Clerk
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Stan D. Clark, Chairman