12-18-2008 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF DECEMBER 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
Chairman Clark introduced Melissa Gaskins, a Junior attending
Windsor High School, who called the meeting to order at 6:00 p.m.
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Supervisor Bradshaw delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney's Report, add an amendment to the
Professional Services Agreement with Moseley Architects related to the new
Courts Building; under Regional Reports, Supervisor Bradshaw requests that
the Board consider the formation of a committee to discuss regional sewage
treatment opportunities with Southampton County and the City of Franklin;
under the County Administrator's Report, consideration of award of a
contract for the updated skateboard park at Nike Park to the American Ramp
Company; under Old Business, consideration of a Conditional Use Permit for
Hardy Park; under New Business, Chairman Clark requests that the Board
consider the formation of a committee consisting of Board members, citizens
and staff to participate in the Charter Cable Franchise renewal process; under
the County Administrator's Report, add two (2) reports; under Special
Presentations, add an assessment report from the Commissioner of Revenue
and an "Isle Pre -pay" Real Estate proposal by the Deputy Treasurer; and,
under the County Attorney's Report, add four (4) closed meeting items.
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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.
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Chairman Clark called for Special Presentations /Appearances.
Supervisor Bradshaw presented a formal Resolution of Appreciation to
Ms. Melanie Goerger which was adopted by the Board at its November 20,
2008 meeting.
Fred Westfall, Goodman Company, reviewed the County's draft
Financial Audit Report for the Year Ended June 30, 2008 with the Board.
He noted that the fund balance of the General Fund as of June 30, 2008 is
$22,252,000 and of that $13,343,000 was unreserved, unrestricted fund
balance.
Supervisor Brown moved that the draft report be approved and that the
County Administrator and County Attorney be authorized to sign off on the
final Financial Audit Report for the Year Ended June 30, 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.
Gerald H. Gwaltney, Commissioner of Revenue, reviewed a printed
assessment report, a copy of which was provided to the Board prior to the
meeting. He noted in 2007, there were 23 foreclosures in the County and 53
to date in 2008. He noted that staff is maintaining an inventory of
foreclosures and currently there are 30 foreclosure properties in the County
which represent an annual tax assessment of $45,000. He stated with respect
to a decrease in real estate values, homes in the County are holding their
value as the sale price continues to be higher than the actual assessment;
however, arms length sales have decreased since July of 2008. He stated
with respect to personal property assessments, the National Automobile
Dealers Association (NADA) is reporting that new car sales are flat; used
vehicles are declining in value; and, used trucks continue to experience
higher depreciation than normal. He noted that trade -in values of trucks one
(1) year old or older, show a more dramatic decline in depreciation in 2008.
He advised that the countywide fleet is composed of 51% of trucks and 49%
of cars and because of the steady depreciation in trucks, he anticipates that
will effect the County's local evaluation. He advised that a 5% reduction in
values equates to a $580,000 reduction in taxes. He proposed that two (2)
Tax Compliance positions be added in the Commissioner of Revenue's office
to expand the audit program, pursue sales tax revenue, business licenses,
business equipment and motor vehicle taxes. He estimated the additional
revenue generated from these positions would be $250,000 annually.
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Supervisor Bradshaw moved, but withdrew, a motion that the Board
endorse the recommendation of the Commissioner of Revenue to add two (2)
Tax Compliance positions and direct the County's Human Resource Director
and Budget and Finance Director to develop the appropriate resolutions to be
presented to the Board at its January 8, 2009 meeting.
Supervisor Bradshaw moved that the Board direct staff to work with
the Commissioner of Revenue and come back at the Board's January 8, 2009
meeting with the appropriate information to adopt this recommended action.
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.
Dahlis Atkins, Treasurer's office, responsive to the Finance
Committee's direction, presented a proposal for a voluntary pre -pay plan for
real estate which allows for ten (10) estimated payments annually by a
taxpayer. She advised that currently there are 10,466 eligible accounts that
can participate in this plan. She advised that staff will send out estimated
payments based on the current year's taxes with the estimated voucher being
due monthly between the months of January and October of each year. She
advised that staff would like to implement the program in January of 2009.
She advised with respect to the voluntary pre -pay personal property program
currently in place, staff would like to adjust the plan to reflect ten (10)
monthly payments versus quarterly payments. She requested that the part
time position in her office be brought up to full -time at a cost of $21,488;
postage and forms for the program is $8,000; set up charges are $700; and,
$1,000 for marketing at a total estimated cost of $31,180. She noted that
$700,000 in pre -pay money was utilized throughout the year from
implementing the personal property pre -pay program, which was, in turn,
invested. She noted that the pre -pay program is expected to pay for itself
even with the downturn of the economy and low interest rates.
Supervisor Bradshaw moved that the Treasurer work with staff and
come back at the Board's January 8, 2009 meeting with the appropriate
resolutions and information for the Board's further discussion and approval.
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 remarked that the Commissioner of Revenue and
the Treasurer will be providing monthly reports to the Board which illustrate
the success of the programs.
Chairman Clark called for Regional Reports.
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County Administrator Caskey reported that the primary issue under
consideration by the Hampton Roads Metropolitan Planning Organization is
the formation and approval of the MPO bylaws. He advised that action on
the bylaws was deferred until a special meeting of the MPO in mid February
at which time a consultant will provide specific recommendations relative to
voting issues and what other advisory committees will be needed with the
intent that the MPO will take action at their meeting in March, 2009. He
further advised that responsive to a request from the Secretary of
Transportation, the MPO is attempting to set a meeting with the General
Assembly delegation on January 7, 2009 at 9:30 a.m. at the Planning District
Commission.
Supervisor Brown advised that he would be discussing certain
information with the Board during the Closed Meeting with respect to the
Southeastern Public Service Authority.
Supervisor Brown reported that Christian Outreach had given the
Department of Social Services $12,000 for the winter fuel program. He
advised that due to budget cuts, the transitional living program was
discontinued. He further advised that use of the time clock was discontinued
and will be sold. He advised that the Department of Social Services does not
need any transfer of funds as they have sufficient funds for the remainder of
the year.
Supervisor Bradshaw advised that reports will be forthcoming next
year on the information obtained from the two (2) gauges installed on the
Chowan River which were purchased through a grant.
Supervisor Bradshaw advised that at a community meeting held by
International Paper, the shut down of the #3 paper machine and the impact on
the labor force had been discussed.
With respect to the announcement of the Governor's budget, which will
have a major impact on schools, Supervisor Bradshaw moved that the County
Administrator be directed to develop a County budget with no tax increases.
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 moved that the Board authorize him to correspond
with the Governor expressing the Board's views with respect to the Governor
cutting incarceration/corrections costs in the budget before reducing funding
for education. 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 reported with respect to the consolidation of
services, he has been directed by the Finance Committee to meet with
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Supervisor Brown and other members of the Social Services Department to
develop a list of items to be implemented on the Social Services side that will
provide tremendous cost savings. He advised that staff will continue to
pursue opportunities with the school system and other agencies throughout
the year.
Supervisor Bradshaw moved that he and Supervisor Wright, as a
Committee of the Board, along with staff deemed appropriate by the County
Administrator, be authorized to hold a meeting with the City of Franklin and
Southampton County to explore the opportunity of a regional sewage system.
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 direct that a Committee be
appointed of Supervisors Bradshaw and Wright and staff as deemed
appropriate by the County Administrator to hold a meeting with the City of
Franklin and Southampton County to consider revitalizing the Economic
Development Committee from the past. 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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At 7:00 p.m., Supervisor Bradshaw moved that the 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. The application of Bessie L. Kelly, owner, for a Conditional Use
Permit to allow a Manufactured Home, Class B, to remain on
approximately fourteen (14) acres of land at 34231 Jenkins Mill
Road, Carrsville, to be occupied by her son, Jerry S. Gower, Jr.,
and his family. The property is located in the Carrsville Election
District.
Beverly H. Walkup, Director of Planning and Zoning, noted that
typically family- member mobile homes do not come to the Planning
Commission or Board as the County's ordinance provides for an
administrative process provided that 30 days' notice is provided to adjoining
property owners and no opposition is received by staff. She advised that
when the administrative process was done for this mobile home, opposition
was received and the Board did consider it following a recommendation by
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the Planning Commission and gave the mobile home a three (3) year time
limit. She noted that in the meantime, the zoning of the property changed
and did not allow for the location of family member mobile homes. She
advised that the applicant in June of 2008 went through a conditional
rezoning process to rezone the property back to agricultural base zoning for
the County to allow the mobile home to remain. She stated that this is the
second step to allow the mobile home to remain on the property with the
application for a Conditional Use Permit.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
Bessie Kelly, 34237 Jenkins Mill Road, requested the Board to approve
the Conditional Use Permit to allow her son's mobile home to remain on the
property.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the application be approved as
recommended by the Planning Commission. 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. FY2009 Capital Budget Amendment to Reflect the Following:
PACE Program acquisition of development rights in the
amount of $1,500,000; New Smithfield Fire Station additional
needs in the amount of $500,000; Isle of Wight Rescue Squad
Building Renovation in the amount of $1,700,000; and, Animal
Shelter in the amount of $700,000 for a total of $4,400,000.
Chairman Clark called for persons to speak in favor or in opposition.
Thomas Finderson of the Newport District spoke in support of the
amendment noting a need for updates to the County's animal shelter, rescue
squad and fire station. He commented that the PACE program could very
well assist some farmer in a financial situation.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR THE ACQUISITION OF DEVELOPMENT
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RIGHTS UNDER THE PURCHASE OF AGRICULTURE
CONSERVATION EASEMENTS (PACE) PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the acquisition of development rights under the
Purchase of Agriculture Conservation Easements (PACE) Program; and,
WHEREAS, the funds in the amount of one million five hundred
thousand dollars ($1,500,000) need to be appropriated 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
one million five hundred thousand dollars ($1,500,000) 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.
Chairman Clark called for a public hearing on the following:
An Ordinance to Amend and Reenact Appendix A, Subdivisions,
Article 3, Administration and Procedures, Section 3.2.3 Subdivisions,
General.
Interim County Attorney Burton certified that the Ordinance had been
property advertised.
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.
Chairman Clark moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
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A. Applicability
BY AMENDING AND REENACTING
APPENDIX A. SUBDIVISIONS.
ARTICLE 3. ADMINISTRATION AND PROCEDURES
SECTION 3.2.3. SUBDIVISION, GENERAL.
WHEREAS, the Isle of Wight County Board of Supervisors adopted a
revision to the Subdivision Ordinance at its November 20, 2008 meeting in
which acceptance authority was granted to the Director of Planning and
Zoning with respect to real property dedicated to the County by recorded
plats; and
WHEREAS, a subsequent action taken by the Board of Supervisors
revised the entire Isle of Wight County Subdivision Ordinance; and
WHEREAS, in order to properly codify the Board of Supervisors
conveyance of acceptance authority within the revised Subdivision Ordinance
the Board of Supervisors reenact its previously adopted revision to the
Subdivision.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, that Appendix A. Subdivisions. Article 3.
Administration and Procedures. Section 3.2.3. Subdivision, General be
amended and reenacted as follows:
Sec. 3.2.3. Subdivision, General.
Subdivision review is required for any division of land within the
County. However, certain subdivision activities may be eligible to
receive an exception of compliance from certain requirements of this
Ordinance as described in Section 3.2.3B, below.
B. Exception to Subdivision Requirements
1. Actions Eligible for Exception
Upon submittal of a survey plat prepared by a licensed professional, the
Subdivision Agent may grant an exception allowing one or more of the
following actions without further compliance with the requirements of
this Ordinance. However, this shall not be construed as an exemption
from this Ordinance.
a. Agricultural, Horticultural, or Silvicultural
The division of land into parcels greater than ten acres for bona
fide agricultural, horticultural, or silvicultural purposes where no
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street right -of -way dedication is involved and where there is no
change in the intensity of use, provided such divisions shall have
the following notation prominently set forth on the recorded plat:
"Residential development on any lots shown will require
Residential Zoning pursuant to Section 3.2.3C of the Subdivision
Ordinance of Isle of Wight County, Virginia, as amended."
b. Lots not Fronting on a Public Road
1) Subject to the required zoning, the division of a tract in single
ownership into two lots not fronting a public road, where a 20
foot access easement is provided, and both lots comply with the
requirements of this Ordinance.
2) Subject to the required zoning, the division of a tract for
commercial lots not fronting on a public road provided that the
lots front on a private road that is built to the minimum VDOT
street standards, and where the private road shall be maintained
by adjacent property owners and guaranteed in writing with a
private road maintenance agreement. This agreement shall be
revised upon any change in ownership and prior to any additional
subdivision approval on lots served by the private road.
c. Boundary Line Adjustments
1) The public acquisition of strips of land for the widening or
opening of streets.
2) The combination or recombination of portions of previously
subdivided and recorded lots where the total number of lots does not
increase and each resulting lot conforms to the requirements of this
Ordinance and applicable requirements of the Zoning Ordinance.
3) The plat making the transfer(s) related to the sale, exchange or other
transfer of parcels between adjoining property owners, where it does
not create additional lots or make existing lots of lesser width or area
than required by this Ordinance.
4) Boundary line adjustments to any valid and properly recorded plat,
including vacation or alteration, provided the requirements of Section
15.2 -2275 of the Code of Virginia and the following requirements are
met:
(a) The adjustment does not result in the creation of irregularly
shaped lots;
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(b) The adjustment is executed by the owner or owners of such land
as provided in Section 15.2 -2264 of the Code of Virginia;
(c) The adjustment does not result in any new violations to the
dimensional requirements of the Zoning Ordinance;
(d) The adjustment does not involve the relocation or alteration of
streets, alleys, easements for public passage, or other public
areas; and
(e) No easements or utility rights -of -way shall be relocated or altered
without the express written consent of all persons or entities
holding any interest in the easement or rights -of -way.
d. Well Lot and Pump Station Lots
That will be dedicated to the County upon completion and meet
the applicable yard setbacks for the zoning district of subject lot
and applicable screening standards in the Zoning Ordinance.
e. Family Burial Plots
Family burial plots shall meet the requirements of the Zoning
Ordinance.
2. Conditions for Exception
In order to approve an exception from the requirements of this
Ordinance, the Subdivision Agent must find the following:
a. No subdivision shall result in the creation of a nonconforming lot
or lots as set forth in the Zoning Ordinance.
b. Where applicable, the recorded plat must include a private
easement at least 20 feet wide for ingress and egress to each lot
which does not abut on an existing public road unless otherwise
expressly permitted by this Ordinance. The Board of Supervisors
may require larger or smaller easement widths in special
circumstances.
c. Where applicable, the following language must be prominently
set forth on the face of the recorded plat of survey and added as a
covenant in every deed for every lot in any subdivision in which
streets are proposed to be established to a standard less than those
set by VDOT for acceptance as part of the secondary system:
"a) The streets in this subdivision do not meet the standards
necessary for inclusion in the system of state highways and will
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not be maintained by the Virginia Department of Transportation
(VDOT) or the County and are not eligible for rural addition
funds or any other funds appropriated by the General Assembly
and allocated by the Commonwealth Transportation Board; b) It
is not the policy of the Board of Supervisors of Isle of Wight
County, Virginia or VDOT to accept or maintain private streets
until the streets are constructed pursuant to the specifications for
construction of secondary roads as promulgated by VDOT; c)
The streets in this subdivision will have to be constructed in full
compliance with VDOT requirements in effect at the time of the
request by the property owners prior to requesting addition of the
street into the State Secondary Road System of Isle of Wight
County." d.) It is not the policy of the School Board of Isle of
Wight County, Virginia to allow school buses to travel on other
than publicly maintained roads."
3. Plat Recordation Required
Documents showing lots created with an exception under this section
must be stamped by the Subdivision Agent noting their exception, and
signed so they may be recorded with the Clerk in conformance with
Section 3.2.3D, Plat Approval and Recordation Required.
C. Zoning Requirements
1. Residential Zoning Required
Except as provided below, all proposed subdivisions for
residential purposes must be zoned residential as defined in
Section 5.4.2 (RR, NC, SE, SR, UR, VC, PD -R, PDMH, or PD-
MX) or conditional residential (C -RR, C -NC, C -SE, C -SR, C-
UR, C -VC, C -PD -R, C -PD -MH or C- PD -MX,) pursuant to the
Zoning Ordinance prior to final subdivision plat approval.
2. Exempt from Zoning Requirement
a. Family Member Subdivision
The Subdivision Agent may waive the requirement for residential
zoning for a subdivision approved as a Family Member
Subdivision (See Section 3.2.4).
b. Manufactured Home
The Subdivision Agent may waive the requirement for residential
zoning for the placement of a manufactured house on a
permanent foundation on an existing individual lot located in the
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Rural Agricultural Conservation (RAC) District as established in
the Zoning Ordinance.
c. Clustering/Sliding Scale `By- Right" Provisions for Single
Family Residential Development in Rural Agricultural
Conservation District as designated in the Isle of Wight County
Comprehensive Plan
Under the sliding scale development provision, a tract of land
containing 100 contiguous acres or greater zoned Rural
Agricultural Conservation will be allowed four (4) divisions. One
(1) additional lot or dwelling unit will be permitted for every
additional forty (40) acres encompassed by the overall tract. For
example, a one hundred forty (140) acre tract will yield five (5)
lots. Minimum permissible lot sizes shall be encouraged so as not
to allow subdivision development which is land consumptive;
however, each lot must meet the minimum lot requirements for
the Rural Agricultural Conservation (RAC) District.
1. In addition to the base density permitted above and the minimum
lot size, width and frontage requirements of the underlying
zoning district, the following standards shall be met:
a) All residential lots created through the act of subdivision
shall be contiguously grouped and served by one point of
access to County roads and shall comply with Section 5.9
(Streets) of the Isle of Wight County Subdivision
Ordinance.
b) Residential structures in the subdivision shall be located at
least 100 feet from the existing County road right -of -way
and screened from the right -of -way by an existing or
planted landscaped buffer.
c) All residential structures should be setback at least 100 feet
from all active farm operations.
d) A central water supply system shall be provided to serve
the subdivisions with over 14 lots.
e) The maximum lot size for any new lot created shall be ten
(10) acres, unless otherwise approved by the Board of
Supervisors or required by the County Health Department.
f) No lot shall be designed, approved or employed for use in
which an area more than 30% of the prescribed minimum
lot area is comprised of one or more of the environmentally
sensitive areas referenced in the net developable
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g)
calculations of the Zoning Ordinance. This shall not apply
to lots specifically created exclusively to preserve and
maintain environmentally sensitive areas.
Lots shall be located to preserve 70% of the original tract
size in order to maximize continued use of the residual
parcel for agricultural and silvicultural purposes.
h) All areas not included in lots or public street rights -of -way
shall be incorporated into common open space and may be
used for natural or landscaped buffers; agricultural uses
including farmland and pasture not generating noxious
odors such as land application of sewage sludge, hog or
poultry farms or similar uses; horticulture; recreational use;
historic preservation; forests; wildlife reservations and
conservation areas; private stables for personal enjoyment;
or other similar use.
i) The common open space shall be arranged and designed so
as to facilitate its use, ensure continuity of design, and
preserve sensitive environmental features. Failure to achieve
these goals shall be sufficient reason for the agent to deny
applications for open space development plan approval or
require modifications that may include loss of lots.
j)
Recreational areas shall not abut the exterior boundary of
the open space development unless entirely adjacent to a
publicly -owned facility or community recreation facility of
an adjoining residential development.
k) Adequate pedestrian and bicycle facilities shall be provided
which fully interconnect the development and its recreation
areas both internally and with existing, planned or desirable
external pedestrian and bicycle facilities.
1) Final plats recorded and all deeds for lots within the cluster
development shall bear a statement indicating that the land
is within an approved residential cluster subdivision and
shall also bear a statement indicating the ownership status
of the development's open space system and shall reference
the covenants creating a property owners association which
shall also be recorded at the time final plats are put to
record.
m) With approval of the Planning Commission, common open
space within a cluster subdivision may be held by other than
a property owner association for agricultural uses including
farmland, pasture, horticulture, recreational use, historic
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preservation, forests, wildlife reservations and conservation
areas or other similar use.
n) Family Member Subdivisions shall be prohibited.
o) Manufactured Homes, Class A and B, and Residential
Accessory Apartments shall require a Conditional Use
Permit.
D. Plat Approval and Recordation Required
1. All subdivision plats within the County must be submitted,
approved, and certified by the Subdivision Agent in conformance
with this Ordinance prior to recordation with the Clerk of the
Circuit Court of Isle of Wight County.
2. A plat or other instrument showing the approved division of any
land subdivided within Isle of Wight County shall be recorded
with the Clerk of the Circuit Court of Isle of Wight County
within six months of final plat approval. Plat approval shall be
deemed void if the plat is not recorded within this period, and a
new application for final plat approval shall be required prior to
recordation. However, in any case where construction of facilities
to be dedicated for public use has commenced pursuant to an
approved plan or permit with surety approved by the County, or
where the developer has furnished surety to the County by
certified check, cash escrow, bond, or letter of credit in the
amount of the estimated cost of construction of such facilities, the
time for plat recordation shall be extended to one year after final
approval or to the time limit specified in the surety agreement
approved County, whichever is greater. The following language
shall be prominently stamped on the face of the approved plat
and certified by the Subdivision Agent:
"This subdivision plat has been found to be in conformance with
the Isle of Wight County Subdivision Ordinance and must be
recorded with the Office of the Clerk of Circuit Court of Isle of
Wight County within six months of the date of approval.
Approval will be deemed void after six months and the plat must
be resubmitted for approval.
Date of Approval: Subdivision
Agent:
3. No lot shall be transferred by deed in any subdivision before the
subdivision plat has been recorded.
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4. 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 Subdivision Agent after the following
notation on the recorded plat:
"I, the Director of Planning and Zoning for Isle of Wight County,
Virginia, as Subdivision Agent, do hereby accept the
dedication(s) made to Isle of Wight County, Virginia, as set forth
herein."
5. Other signatures or approval certifications may be required prior
to plat recordation.
The motion was adopted by a vote of (4 -0) with Supervisors Brown,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Bradshaw absent for the vote.
Chairman Clark called for a public hearing on the following:
An Ordinance to Amend and Reenact Section 3 -6000, 4 -4005, and
Section 9 -1005 of Appendix B, Pertaining to Zoning
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
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 §3- 6000, §4 -4005 AND §9 -1005 OF APPENDIX B
PERTAINING TO ZONING
WHEREAS, on July 7, 2005 the Isle of Wight County Board of
Supervisors, after holding a public hearing in accordance with Section 15.2-
1427 of the Code of Virginia (1950, as amended), enacted Appendix B,
Zoning, Article III, "Use Types and
WHEREAS, the Isle of Wight County Board of Supervisors seeks to
allow flexibility in the administration of the ordinance regulation while
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protecting the health, safety, and general welfare of present and future
residents and businesses of the County;
NOW, THEREFORE, BE IT ORDAINED, by the Board of
Supervisors of Isle of Wight County, Virginia, that "Appendix B, Zoning
Section 3 -6000, "Commercial Use Types" of the Isle of Wight County Code
be amended and reenacted to read as follows:
Sec. 3 -6000. Commercial use types.
Adult entertainment establishment. An establishment having a
substantial or significant portion of its stock -in -trade books, magazines
and other periodicals which are distinguished or characterized by their
emphasis on matters depicting, describing or related to "specified
sexual activities" or "specified anatomical areas," or an establishment
with a segment or section devoted to the sale or display of such
material. This use includes any adult bookstore, adult mini motion
picture theater, adult picture theater, cabaret, massage parlor, drug
paraphernalia store, or tattoo parlor.
Agricultural service. An establishment primarily engaged in providing
services specifically to the agricultural community which is not directly
associated with a farm operation. Included in this use type would be
servicing of agricultural equipment, independent equipment operators,
and other related agricultural services.
Antique shop. A place offering primarily antiques for sale. An antique
for the purposes of this ordinance shall be a work of art, piece of
furniture, decorative object, or the like, of or belonging to the past, at
least thirty (30) years old.
Auction establishment. A structure or enclosure where goods and/or
livestock are sold by auction.
Bed and breakfast. A dwelling or portion thereof, in which lodging is
provided by the owner or operator who resides on the premises. This
use offers short-term lodging rooms and meals for transient guests,
none of whom remain for more than fourteen (14) consecutive nights
each. This definition shall include the term tourist home.
Boarding house. A single family dwelling unit, or part thereof, with
three (3) or more rooms that are rented individually or collectively by
long -term residents (at least month -to -month tenants) as opposed to
overnight or weekly guests. A boarding house may make provisions for
serving meals.
Boat repair yard. See Marina.
I6
Business support service. Establishment or place of business engaged
in the sale, rental or repair of office equipment, supplies and materials,
or the provision of services used by office, professional and service
establishments. Typical uses include office equipment and supply
firms, small business machine repair shops, convenience printing and
copying establishments, mail and packaging stores, as well as
temporary labor services.
Business or trade school. A use providing education or training in
business, commerce, language, or other similar activity or occupational
pursuit, and not otherwise defined as an educational facility, either
primary and secondary, or college and university, or as a home
occupation.
Campground. Any site, lot, parcel or tract of land on which
accommodations for temporary occupancy are located or may be
placed, including cabins, tents, and recreational equipment, recreational
vehicles, and which is primarily used for recreational purposes and
retains an open -air or natural character.
Car wash. Washing and cleaning of vehicles. Typical uses include
automatic conveyor machines and self service car washes.
Commercial indoor amusement. Establishments which provide games
of chance, skill or scoring as other than an incidental use of the
premises. Games would include pinball and video machines, pool and
billiard tables and other similar amusement or entertainment devices,
whether or not they are coin operated, and also card games, bingo, and
off -track betting. Typical uses include game rooms, pool halls, video
arcades, and bingo parlors.
Commercial indoor entertainment. Predominantly spectator uses
conducted within an enclosed building. Typical uses include motion
picture theaters, drama theaters, concert or music halls.
Commercial indoor sports and recreation. Predominantly participant
uses conducted within an enclosed building. Typical uses include
bowling alleys, ice and roller skating rinks, indoor racquetball, squash
courts, swimming, and/or tennis facilities, archery and indoor shooting
ranges and similar uses.
Commercial outdoor entertainment/sports and recreation.
Predominantly spectator uses conducted in open or partially enclosed
or screened facilities. Typical uses include motor vehicle, boat,
motorcycle or animal racing facilities /complexes, drive -in movies,
miniature golf, amphitheaters and outdoor amusement parks, motorized
cart and motorcycle tracks, and motorized model airplane flying
l7
facilities. Professional and semi professional athletic fields shall also
be included in this use.
Commercial outdoor swimming pool and tennis facility. Outdoor pools
or tennis facilities operated by a commercial entity that are open to the
general public usually requiring membership or some form of payment.
Construction office, temporary. A trailer used as a temporary office
during a construction operation. This use includes construction office
trailers occupied in conjunction with residential or non residential
development.
Construction sales and services. Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of
materials used in the construction of buildings or other structures, but
specifically excluding motor vehicle or equipment supplies otherwise
classified herein. Typical uses include building material stores and
home supply establishments.
Convenience store. Establishments primarily engaged in the provision
of frequently or recurrently needed goods for household consumption,
such as prepackaged food and beverages, limited household supplies
and hardware.
Crematorium. A location used for cremation containing properly
installed, certified apparatus for this process.
Dance hall. Any establishment open to the general public where
dancing is permitted and a cover charge is directly or indirectly
required for entry into the establishment.
Equipment sales and rentals. Establishments primarily engaged in the
sale or rental of tools, trucks, tractors, construction equipment, and
similar industrial equipment. Included in this use type is the incidental
storage, maintenance, and servicing of such equipment.
Flea market. Occasional or periodic commercial activities held in an
open area or enclosed structure where groups of sellers rent space on a
short-term basis to display, barter, or sell goods to the general public. A
fee may be charged for expected buyers for admission, or a fee may be
charged for the privilege of offering or displaying such merchandise. A
flea market is composed of semi closed or outdoor stalls, stands, or
spaces.
Funeral home. Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals.
This use excludes crematorium, which is defined separately.
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Garden center. Establishments engaged primarily in the retail sale of
trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and
garden supplies, primarily for agricultural, residential and commercial
consumers.
Gasoline station. A facility for the retail sale of motor vehicle fuels,
oils, and accessories, where repair is incidental, where no more than
two (2) abandoned vehicles or other motor vehicles shall be stored on
the premises. May include the sale of propane or kerosene as an
accessory use.
Golf course. A tract of land for playing golf, improved with tees,
greens, fairways, hazards, and which may include clubhouses and
shelters. Included would be executive or par 3 golf courses.
Golf driving range. A limited area on which golf players do not walk,
but onto which they drive golf balls from a common driving tee.
Hospital. A building or group of buildings having room facilities for
one (1) or more patients, used for providing services for the in- patient
medical or surgical care of sick or injured humans and which may
include related facilities such as laboratories, out patient departments,
training facilities, central service facilities, ambulance stops and
helicopter landing sites, and other incidental and subordinate uses
integral to hospital operations.
Hospital, Special Care. A special care hospital shall mean an
institution rendering care primarily for patients with mentally related
illness, or under treatment for alcoholism, substance abuse, etc.
Hotel/Motel/Motor lodge /inn. A building or group of attached or
detached buildings containing lodging units intended primarily for
rental or lease to transients by the day or week. Such uses generally
provide additional services such as daily maid service, restaurants,
taverns, or public banquet halls, ballrooms, and meeting rooms and /or
recreation facilities.
Kennel, commercial. The boarding, breeding, raising, grooming or
training of two (2) or more dogs, cats, or other household pets of any
age not owned by the owner or occupant of the premises.
Laundry. Establishments primarily engaged in the provision of
laundering, cleaning or dyeing services other than those classified as
personal services. Typical uses include bulk laundry and cleaning
plants, diaper services, or linen supply services.
Lawn and Garden Services. Establishments primarily engaged in
performing a variety of lawn and garden services, including Bermuda
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sprigging services, cemetery upkeep, garden maintenance, garden
planting, lawn care, lawn fertilizing services, lawn mowing services,
lawn mulching services, lawn seeding services, lawn spraying services,
lawn sprigging services, mowing highway center strips and edges,
seeding highway strips, sod laying and turf installation.
Manufactured home sales. Establishment primarily engaged in the
display, retail sale, rental, and minor repair of new and used
manufactured homes, parts, and equipment.
Marina. A use for docking or mooring of more than four (4) boats
(excluding paddle or rowboats) or providing services to boats,
including servicing and repair, sale of fuel and supplies, and provisions
of lodging, goods, beverages. A yacht or boat club shall be considered
a marina.
Medical clinic. A facility providing medical, psychiatric, or surgical
service for sick or injured persons exclusively on an outpatient basis
including emergency treatment, diagnostic services, training,
administration and services to outpatients, employees, or visitors. This
use may include ambulance stops, helicopter landing sites, and other
incidental and subordinate uses integral to providing out patient care.
This would include medical offices in excess of ten thousand (10,000)
square feet of floor area.
Mini warehouse. A building designed.to provide rental storage space
in cubicles where each cubicle has a maximum floor area of four
hundred (400) square feet. Each cubicle shall be enclosed by walls and
ceiling and have a separate entrance for the loading and unloading of
stored goods.
Motor vehicle dealership, new. The use of a building, land area or
other premise for the display of new and used automobiles, trucks,
vans, or motorcycles for sale or lease, including warranty repair work
and other major and minor repair service conducted as an accessory
use.
Motor vehicle dealership, used. Any lot or establishment where two
(2) or more used motor vehicles, including automobiles, trucks, and
motorcycles are displayed at one time for sale or lease, including
warranty repair work and other major and minor repair service
conducted as an accessory use.
Motor vehicle /outdoor storage. The outdoor storage of motor vehicles,
and boats. Motor vehicles in this use shall include cars, trucks, sports
utility vehicles, motorcycles, boats, motor homes or RV's.
20
Motor vehicle parts /supply, retail. Retail sales of automobile parts and
accessories. Typical uses include automobile parts and supply stores
which offer new and factory rebuilt parts and accessories, and include
establishments which offer minor automobile repair services.
Motor vehicle, rental. Rental of motor vehicle and light trucks and
vans, including incidental parking and servicing of vehicles for rent or
lease. Typical uses include auto rental agencies and taxicab dispatch
areas.
Motor vehicle repair service, major. Repair of construction equipment,
commercial trucks, agricultural implements and similar heavy
equipment, including automobiles, where major engine and
transmission repairs are conducted. Typical uses include automobile
and truck repair garages, transmission shops, radiator shops, body and
fender shops, equipment service centers, machine shops and other
similar uses where major repair activities are conducted.
Motor vehicle repair service, minor. Repair of automobiles,
noncommercial trucks, motorcycles, motor homes, recreational
vehicles, or boats, including the sale, installation, and servicing of
equipment and parts. Typical uses include tire sales and installation,
wheel and brake shops, oil and lubrication services, automobile glass
repair and similar repair and service activities where minor repairs and
routine maintenance are conducted.
Pawn shop. A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental
sale of such property.
Personal improvement service. Establishment primarily engaged in the
provision of informational, instructional, personal improvements and
similar services. Typical uses include driving schools, health fitness
centers or gyms, reducing salons, dance studios, handicraft and hobby
instruction facilities.
Personal service. Establishment or place of business engaged in the
provision of frequently or recurrently needed services of a personal
nature. Typical uses include beauty and barber shops; grooming of
pets; seamstresses, tailors, or shoe repairs; florists; and laundromats
and dry cleaning stations serving individuals and households.
Real estate office, temporary. A class A or B manufactured home,
single family home or other structure used on a temporary basis as a
real estate sales office in conjunction with residential development.
21
Recreational vehicle sales and services. Retail sales of recreational
vehicles and boats, including service and storage of vehicles and parts
and related accessories.
Restaurant, drive -in fast food. An establishment primarily engaged in
the preparation of food and beverages, for either take -out, delivery or
table service, primarily served in disposable containers at a counter, a
drive -up or drive through service facility or offers curb service.
Restaurant, general. An establishment engaged in the preparation of
food and beverages. This use is characterized by table service to
customers in non- disposable containers.
Retail sales. Sale or rental with incidental service of commonly used
goods and merchandise for personal or household use which is not
otherwise specifically described in the listing of commercial use types
contained herein. Such uses include bakeries, drug stores, bookstores,
furniture, gifts, hardware, grocery stores, clothing stores, and floral
retail shops.
Studio, fine arts. A building, or portion thereof, used as a place of
business for visual art, which may include sculptors, artists or
photographers.
Taxidermy. A building where animal skins are prepared, stuffed and
mounted for sale.
Truck stop. An establishment containing a mixture of uses which cater
to the traveling public and in particular motor freight operators. A truck
stop might include such uses as fuel pumps, restaurants, overnight
accommodations, retail sales related to the motor freight industry, and
similar uses.
Truck terminal. See Warehousing and distribution, listed under section
3 -7000, Industrial use types.
Veterinary hospital /clinic. Any establishment rendering surgical and
medical treatment of animals. Boarding of animals shall only be
conducted indoors, on a short-term basis, and shall only be incidental
to such hospital/clinic use, unless also authorized and approved as a
commercial kennel. (7- 7 -05.)
BE IT FURTHER ORDAINED, by the Board of Supervisors of Isle of
Wight County, Virginia, that "Appendix B, Zoning Section 4 -4005, Article
IV. Zoning Districts and Boundaries, Part 4. Village Center (VC) District,
"Bulk Regulations of the Isle of Wight County Code be amended and
reenacted to read as follows:
22
Sec. 4 -4005. Bulk regulations.
(a) Maximum building height.
(1) All buildings: thirty-five (35) feet or three (3) stories,
whichever is lesser.
(2) Public or semi public buildings such as schools, churches,
libraries, or government buildings may be allowed up to
sixty feet (60), provided that the scale, massing, and
building design are shown to be compatible with the
existing neighborhood and general intent of the District.
(b) Maximum density.
(1)
Conventional single family subdivision: two (2) dwelling
units per acre.
(2) Floor area ratio for non residential: twenty -five hundredths
(0.25) square feet per foot of net development area.
(c) Minimum front yard setback.
(1)
Where rights -of -way is greater than fifty (50) feet, the
minimum front yard setback is thirty (30) feet from
property line.
(2) Where rights -of -way is less than fifty (50) feet, the
minimum front yard setback is fifty -five (55) feet from
centerline of road.
(d) Minimum side yard setback.
(1) One (1) side: fifteen (15) feet.
(2) Both sides: thirty (30) feet.
(e) Minimum rear yard setback: thirty (30) feet
BE IT FURTHER ORDAINED, by the Board of Supervisors of Isle of
Wight County, Virginia, that "Appendix B, Zoning, Article IX. Signs. Part
1. Signs., Sec. 9 -1005. "General sign restrictions and prohibitions" of the
Isle of Wight County Code be amended and reenacted to read as follows:
Sec. 9 -1005. General sign restrictions and prohibitions.
(a) Pertaining to all signs.
23
(1)
(2) Signs, which contain or consist of pennants, balloons,
ribbons, streamers, banners, spinners, strings of lights, or
other similar moving or stationary devices, are prohibited,
unless otherwise specifically allowed by this ordinance.
(3)
Signs that revolve or are animated or that utilize movement
or apparent movement to attract the attention of the public
are prohibited. (7 -1 -97)
Signs that are attached to or utilize utility poles, trees or
other signs are prohibited. Signs attached to fences or walls
are prohibited unless otherwise specifically allowed by this
ordinance.
(4) Signs advertising activities, which are illegal under federal,
state, or local laws or regulations are prohibited. (7 -1 -97)
(5) Except for movie theater and fuel price signs, changeable
sign copy shall not be incorporated into a sign face, unless
the changeable component of the sign face occupies less
than half the total area of the sign face. If changeable copy
is used, it shall be located adjacent to or integrated into the
sign face, and lettering shall be of a single style and of
uniform color and size.
(6) Home occupation signs shall not be illuminated.
(7) Signs and advertising structures shall not obstruct any
window, door, fire escape, stairway, ladder or opening
intended to provide light, air or ingress and egress for any
building or structure. (7 -1 -97)
(8) The placement of signs on roofs is prohibited.
(9)
(b) Facade signs.
(1) No facade sign shall be higher than the roof line or parapet
wall of any building for which the sign is attached. A sign
may be attached to the fascia of a structure, but may not be
located so as to extend above the upper edge of the fascia.
(c) Freestanding signs.
The parking of a vehicle to which a sign is attached for
display purposes or the use of such a vehicle for a portable
sign shall be prohibited.
24
(1)
Signs located within any public right -of -way shall be
prohibited unless specifically approved by the regulatory
authority.
(2) No sign or supporting structure may be located in or over
any public right -of -way except for public informational and
warning signs. (7 -1 -97)
(3)
(4) No sign may be located so that it interferes with the view
necessary for motorists to proceed safely through
intersections or to enter onto or exit from public streets or
private roads. (7 -1 -97)
(5)
No sign may be erected so that by its location, color, size,
shape, nature, or message it would tend to obstruct the view
of or be confused with official traffic signs or other signs
erected by governmental agencies. (7 -1 -97)
No sign shall be located within the sight triangle as
determined by this ordinance or obstruct a clear view to
and from traffic along any street right -of -way entrance or
exit. (7 -1 -97)
(6) Off premises directional signs shall be prohibited.
(7) Portable and off premises signs shall be prohibited unless
otherwise specifically allowed by this ordinance. (7- 7 -05.)
For state law as to authority of the County to regulate boating
operations within its territorial waterways, see Code of Va., 29.1 -700 et
seq.
The motion was adopted by a vote of (4 -0) with Supervisors Brown,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Bradshaw absent for the vote.
Chairman Clark called for a public hearing on the following:
An Ordinance to Amend and Reenact Chapter 17, Sections 17 -8
Permits, Generally
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
25
Ben Stagg of 15298 Gayle Way spoke in favor stating that most
localities have this mechanism in their ordinance which allows for a permit to
be reissued in a timely manner without having to go through the process
again.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING CHAPTER 17. WETLANDS
ZONING. SECTION 17 -8. PERMITS;GENERALLY
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, allows to seek flexibility in the administration of the Wetlands
Ordinance, enacted to preserve and prevent the despoliation and destruction
of wetlands within its jurisdiction; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned with accommodating necessary economic development in a
manner consistent with wetlands preservation.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 17 of the Isle of Wight County Code,
Section 17 -8 be amended as follows:
Sec. 17 -8. Permits; generally.
(a) The permit shall be in writing, signed by the chairman of the board,
and notarized. A copy of the permit shall be transmitted to the
commissioner.
(b)No permit shall be granted without an expiration date established by
the board. Upon proper application, the board may extend the permit
expiration date. When the request for permit extension is received
within thirty (30) days prior to the expiration date of the permit, the
board shall consider the request without a public hearing being
required. The application fee for a request for permit extension shall be
in accordance with Section 17 -3 (c).
The motion was adopted by a vote of (4 -0) with Supervisors Brown,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Bradshaw absent for the vote.
Chairman Clark called for a public hearing on the following:
26
An Ordinance to Amend and Reenact Chapter 15, Taxation, Article I,
in General, Section 15 -5.1 Fee to Cover Administrative Costs and
Reasonable Attorney's or Collection Agency's Fees in Collection of
Delinquent Taxes
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
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 15. TAXATION.
ARTICLE I. IN GENERAL. SECTION 15 -5.1. FEE TO COVER
ADMINISTRATIVE COSTS AND REASONABLE ATTORNEY'S OR
COLLECTION AGENCY'S FEES IN COLLECTION OF DELINQUENT
TAXES.
WHEREAS, on April 18, 2002, the Isle of Wight County Board of
Supervisors enacted Section 15 -5.1 of Chapter 15, Taxation, to the Isle of
Wight County Code which provides for the recovery of administrative costs
in an amount not to exceed Twenty Dollars ($20.00); and
WHEREAS, Section 58.1 -3958 of the Code of Virginia (1950, as
amended) allows for the recovery of such costs in an amount not to exceed
Thirty Dollars ($30.00); and
WHEREAS, the Isle of Wight County Board of Supervisors no wishes
to conform the Isle of Wight County Code with the Code of Virginia (1950,
as amended) with respect to the recovery of administrative costs for the
collection of delinquent taxes.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 15. Taxation. Article I. In
General. Section 15 -5.1. Fee to cover administrative costs and reasonable
attorney's or collection agency's fees in collection of delinquent taxes. of the
Isle of Wight County Code be amended and reenacted as follows:
Sec. 15- 5.1.Fee to cover administrative costs and reasonable attorney's or
collection agency's fees in collection of delinquent taxes.
27
There is imposed upon each person chargeable with delinquent taxes or
other delinquent charges, fees to cover the administrative costs and
reasonable attorney's or collection agency's fees, actually contracted for. The
attomey's or collection agency's fees shall be twenty percent of the taxes or
other charges so collected. The administrative costs shall be in addition to all
penalties and interest, and shall not exceed Thirty Dollars ($30.00) for taxes
or other charges collected subsequent to 30 or more days after notice of
delinquent taxes prior to the taking of any judgment with respect to such
delinquent taxes or charges, and Thirty-Five Dollars for taxes or other
charges collected subsequent to judgment. If the collection activity is to
collect on a nuisance abatement lien, the fee for administrative costs shall be
One Hundred Fifty Dollars ($150.00) or twenty -five percent (25 of the
costs, whichever is less; however, in no event shall the fee be less than
Twenty -Five Dollars ($25.00). (11 -6 -86; 8 -6 -92; 10- 20 -94; 4 -18 -2002; 12-
18- 2008.)
For state law as to authority of the County to cover administrative costs
and reasonable attorney's or collection agency's fees in collection of
delinquent taxes, see Code of Va., 58.1 -3958.
The motion was adopted by a vote of (4 -0) with Supervisors Brown,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Bradshaw absent for the vote.
Chairman Clark advised that the public hearing with respect to the
divestment of a 75x150 section of County property (part of Tax Map Parcel
#21A -01 -184) to Mr. Thomas Ippolito, a resident of Isle of Wight County has
been withdrawn at the request of Mr. Wen Winslow. He further advised that
Mr. Winslow will address the matter under Citizens Comments later tonight.
Chairman Clark called for a public hearing on the following:
Consideration of the lease between Isle of Wight County and
Carisbrooke Homeowner's Association.
Mark C. Popovich, Assistant County Attorney, advised that the General
Services Department has an unused well site that the Carisbrooke
Homeowner's Association wishes to take over. He noted that there is the
possibility that the Association may tap into the well for use with the
swimming pool facility.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed lease.
Mrs. Williams, Carisbrooke Homeowner's Association officer, spoke
in favor of the Board approving the lease agreement.
28
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark moved that the Board approve the lease between the
County and the Carisbrooke Homeowner's Association. 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.
11
Supervisor Brown 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 Transportation Matters.
Kristin M. Mazur, County Engineer, responsive to Chairman Clark,
advised that staff is pursuing the creation of a turn around on Hideaway
Lane.
Supervisor Bradshaw requested Ms. Mazur to contact him to discuss a
flooding concern at two (2) locations on Colosse Road.
Supervisor Casteen suggested that the County request permission from
VDOT for egress only access to Route 10 from the new fire station for timely
response to emergencies and permission to utilize some of the property for a
parking lot or turning space for the fire station vehicles. He noted that he
believed that 60 of the calls are expected to the west of the station.
Supervisor Casteen moved that the Board direct staff to bring back a
resolution for the Board's endorsement requesting permission from VDOT
for egress access to Route 10 from the new fire station and to utilize some of
the property for a parking lot or turning space for vehicles. The resolution is
to be sent to the Commonwealth Transportation Board, Secretary of
Transportation and VDOT. 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 Citizens Comments.
Win Winslow, GHS Real Estate, on behalf of Thomas Ippolito,
addressed the reason behind his client's withdrawal of his request for a public
29
hearing on the divestment of a 75x150 section of County Property. He noted
that the reason for his client's request for the purchase was to increase the
size of his yard and ensure that the area remained open space for his children
and other neighborhood children to play and not used for any future
development purposes. He noted the Board, at its November 5, 2008
meeting, under the County Attorney's report, the Board was informed that
the Town of Smithfield had no comment regarding the proposed purchase
and following discussion, the Board voted (4 -1) to move forward with the
process of selling the parcel. He noted that the descending vote was cast by
Supervisor Casteen, which is the reason for him addressing the Board at this
time. He stated at the December 2, 2008 Smithfield Town Council meeting
during Supervisor Casteen's regular report to the Council, Supervisor
Casteen relayed to the Town his client's request to the Board of Supervisors
and, in addition to relaying the request, he included his own opposition to the
request and Supervisor Casteen, even though this Board voted (4 -1) to
approve moving forward with the process, stated his opposition to the sale.
He stated that Supervisor Casteen further implied that his client's offer for
the property was under valued. He noted that his research clearly shows that
at current market conditions, his client's offer was indeed at value. He noted
that Supervisor Casteen also did not reveal his client's purpose for wishing
to purchase the land and has continued to dwell on the fact that a house can
be built on the parcel wherein his client has repeatedly stated his intention to
maintain the open space and offer to accept covenants and /or restrictions to
that end. He advised that the Smithfield Town Council, under New Business,
has now decided to revisit their position on the County's sale and voted
unanimously to oppose the sale. He stated that Supervisor Casteen's action
have placed all in an awkward situation as the Board will not want to anger
the Town of Smithfield by voting against their wishes. He stated that this
issue has been grossly misrepresented without opportunity for correction and
he and his applicant do not wish to be a cause of further damage to the
relationship between the County and the Town. He stated that it appears that
all involved parties have the same objective of the continuance of that parcel
as open space and he challenges this Board and the Smithfield Town Council
to permanently designate the land as a conservation easement through the
Virginia Department of Conservation and Recreation and its land trust
programs.
Herb DeGroft of Mill Swamp Road briefed the Board on the needs of
seniors and individuals with disabilities in south Hampton Roads. He
thanked the Board for its past financial support.
Chairman Clark called for Board Comments.
Chairman Clark addressed the recent article in The Smithfield Times
regarding the Town of Smithfield opposing the sale of property to Thomas
Ippolito. He advised that article did not mention that the Town originally had
30
no comment or opposition to the sale of the property and the Board took its
position in response to the Town not having a comment on it. He stated that
the Town has now changed its position on the matter and that makes a
difference to him.
/1
Chairman Clark called for the County Attorney's report.
Interim County Attorney Burton requested permission for his office to
advertise Chapter 15, Taxation, Article II, Real Estate Taxes, Section 15 -7,
Exemption or Deferral for the Elderly and Handicapped for public hearing at
the Board's second meeting in January 2009.
Supervisor Bradshaw moved that the County Attorney's office be
authorized to advertise the revised ordinance for public hearing at the
Board's second meeting in January 2009. 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 presented an addendum to the Pump
and Haul Agreement for Captain Chuck -a- muck's Ship Store and Grill for
the Board's consideration.
Chairman Clark moved that the Chairman be authorized to sign the
Addendum to the Pump and Haul 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 presented an amendment to the
Professional Services Agreement with Moseley Architects for an increase of
$52,000 related to the new Courts Building for the Board's consideration.
Patrick J. Small, Assistant County Administrator, recommended that
the Board approve the amendment.
Supervisor Bradshaw requested that staff be prepared to advise why the
additional services are needed and why were they not included in the original
specifications.
Chairman Clark moved that the matter be postponed until the Board's
January 8, 2009 meeting. Mr. Small is to be prepared to advise the Board
why these additional services are needed and why they were not recognized
in the original specifications. 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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Interim County Attorney Burton advised that he had six (6) items to
discuss with the Board later in Closed Meeting.
1/
Chairman Clark called for the Parks and Recreation report.
Mark W. Furlo, Park Administrator and Acting Recreation
Administrator, advised that certain savings were realized with the Joel C.
Bradshaw Fairgrounds at Heritage Park construction project and, in the
course of conducting the County Fair, the items identified in the agenda still
need to be addressed. He advised that staff has identified an alternative
solution for Item #4, which would allow it to be moved further down on the
priority list and allow Items #2, 3, 5, 6, 7 and 9 to be addressed.
Supervisor Bradshaw commented that the matter needs to be reviewed
by the Finance Committee with a recommendation back to the Board.
Supervisor Bradshaw moved that the matter be sent to the Finance
Committee for review and recommendation back to the Board at a later date.
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 reported on the Hardy Park Committee meeting
which was recently held on site following a rain event of four (4) inches the
night before. He advised that all of the water had already drained out of the
ditches and the Committee observed that a hill could be cut down to reverse
the flow of water for approximately 175 feet and install a pipe underneath the
road to alleviate any flooding concerns at the park. He noted that there are
pine saplings at the area where the park is proposed which is a good
indication that there will not be standing water on the property.
1/
Chairman Clark called for the General Services report.
Ms. Mazur advised that the County owns a failing drainage easement
adjacent to two (2) homeowner properties in Gatling Pointe. She requested
that the Board adopt a Resolution to Appropriate Funds from the Designated
Fund Balance for Erosion and Sediment Control to address the repair of the
erosion on the easement.
Chairman Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR EROSION AND SEDIMENT CONTROL
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the repair of a drainage easement; and,
WHEREAS, funds up to the amount of twenty thousand dollars
($20,000) need to be appropriated from the Designated Fund Balance of the
Capital Projects Fund to the FY 2008 -09 General Operating 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 up to twenty thousand dollars
($20,000) from the Designated Fund Balance of the Capital Projects Fund be
appropriated to the FY 2008 -09 General Operating Budget.
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.
Chairman Clark called for the Emergency Services report.
Joseph R. Chase, Director of Emergency Services, requested that the
Board approve funding for the renovations of the Isle of Wight Volunteer
Rescue Squad building.
Supervisor Bradshaw moved that staff be authorized to use the current
architect and construction management firm to undertake design, engineering
and construction administration. 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 Tourism report.
Judy H. Winslow, Director of Tourism, requested that the Board
approve the new collection policies for the Isle of Wight County Museum
and Boykin's Tavern.
Supervisor Bradshaw moved that the Isle of Wight County Museum
and Boykin's Tavern Collection Policies be adopted. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
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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.
Mr. Small requested that the Board consider the selection of a name for
the new courts building, as well as a name for the road leading into the new
facility.
Supervisor Brown moved that the Board name the new Courts Building
"Young Laine." 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 Brown moved that the Records Room in the Circuit Court
Building be named "Randall Booth." 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 moved that the road be named "Josiah Parker 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 Administrator Caskey requested that the Board give
consideration to what, if any, other business matters it may wish to address as
part of its January 8, 2009 organizational meeting, as well as direction as to
what, if any, dates to publish in the County's newsletter and on the County's
website.
Chairman Clark moved to include in the organizational resolution that
the second meeting in January will be held on January 22, 2009 at 6:00 p.m.
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 recommended that the first meetings of the
month begin at 5:00 p.m. versus 4:00 p.m. as in the past.
Mr. Furlo requested the Board's consideration of awarding a contract to
update the Skateboard Park at Nike Park with American Ramp Company.
Chairman Clark moved to award the contract to American Ramp
Company and authorize the Chairman to execute it on behalf of the Board
pending review by the County Attorney. The motion was adopted by a vote
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of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Kari L. Sletten, Director of Information Technology, requested the
Board's consideration of approval of a Professional Services Agreement for a
Network Administrative position within her department. She noted that the
greatest area of weakness is in the public safety sector and that while grant
funding can be obtained for the hardware that is required, grant funding for
positions is not available. She advised that this position would back up the
Assistant Director, who is currently supporting the 24 hour, seven (7) days a
week operations of the dispatch center. She added that the State continues to
reduce its level of information technology support.
Supervisor Wright moved to direct staff to develop a resolution for the
Board's approval of the position at the Board's January 8, 2009 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.
County Administrator Caskey advised that staff is in the process of
developing a project list relating to the Federal Economic Stimulus Package
to be forwarded to the Governor and the Congressional leaders pursuant to a
request by VACo's to its locality members. He advised that a copy of the
information will be provided to the Board upon its finalization.
Chairman Clark called for consideration of the Consent Agenda.
A. Southeastern Alcohol Safety Action Program
Resolution Affirming the Appointment of Kelly Sauber to
Serve on the Southeastern Virginia Alcohol Safety Action
Program Policy Board
B. Fee Schedule/Department of Parks and Recreation
C. U.S. Department of Justice Grant Funds Awarded
Resolution to Accept and Appropriate Funds from the U.S.
Department of Justice State Criminal Alien Assistance
Program (SCAAP) Program
D. Application for Grant Funds COPS 2008 Secure Our Schools
Program
35
Resolution to Accept and Appropriate Grant Funds from
the Department of Justice for the COPS 2008 Secure Our
Schools Program
E. Request for Proposal (RFP) Marketing and Advertising
Services
Resolution to Authorize the Solicitation of Proposals for
Marketing and Advertising Services
F. Monthly Financial Reports for County and Schools
G. October 2, 2008 Regular Meeting Minutes
H. October 16, 2008 Regular Meeting Minutes
I. October 21, 2008 Special Meeting Minutes
Supervisor Bradshaw moved that Item (B), Fee Schedule/Department
of Parks and Recreation, be removed from the Consent Agenda for further
discussion and that the remaining items 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.
Regarding Item (B), Fee Schedule/Department of Parks and Recreation,
Supervisor Brown requested that he be provided the amount being charged
for docking fees by other municipal facilities in the area.
Supervisor Brown moved that the matter be postponed until the
Board's January 8, 2008 meeting. In the meantime, Mr. Furlo is to provide
Supervisor Brown with the docking fees being charged by other localities.
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.
Mr. Furlow advised that staff intends to implement the fees effective
with the calendar year. He inquired if the Board would be responsive to
removing the Tyler's Beach boat ramp fees and approving the remaining fees
at this time.
Chairman Clark moved that the Board reconsider Supervisor Brown's
motion to postpone the fee schedule to the January 8, 2009 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.
36
Supervisor Brown moved to approve Item (B) with the exception of the
Tyler's Beach boat ramp fees and that staff be directed to bring back
documentation that the proposed fees are in line with fees being charged by
other localities at the Board's January 8, 2009 meeting. The other fees are to
be effective January 1, 2009. 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.
Liesl R. DeVary, Director of Budget and Finance, advised that the
County policy was changed in 2005 to reflect that the proposed fees would be
handled administratively.
/1
Chairman Clark commented that the policy is to remain intact.
Chairman Clark called for Appointments.
Supervisor Wright moved that Wilson E. Holland be reappointed to
represent the Windsor District on the Wetlands 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 the Board appoint Thelma White to
fill the unexpired term of Nola Matthews representing the Carrsville District
on the Commission on Aging. 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 moved that the Board reappoint Nancy Guill to
represent the Newport District on the Planning Commission. 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 moved that the Board reappoint Leah Dempsey to
represent the Newport District on the Planning Commission. 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 Brown requested Mr. Robertson to investigate and advise
him accordingly if Hazel Edwards is eligible for reappointment to the
Southeastern Tidewater Opportunity Project.
37
Chairman Clark called for Old Business.
Mr. Small recommended that the Board adopt a Resolution to
Appropriate Funds from the Unappropriated Fund Balance for Costs
Associated with the Renovation of the Basement at the Isle of Wight
Museum to cover the costs associated with renovating the Isle of Wight
County Museum basement.
Supervisor Casteen moved that the following Resolution be adopted
and the Chairman be authorized to execute the contract:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR COSTS ASSOCIATED
WITH THE RENOVATION OF THE BASEMENT AT THE ISLE OF
WIGHT MUSEUM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved costs for the renovation of the basement at the Isle of
Wight Museum; and,
WHEREAS, funds in the amount of seventy-nine thousand two
hundred dollars ($79,200) need to be appropriated from the Unappropriated
Fund Balance of the General Fund to the FY 2008 -09 General Operating
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 seventy-nine thousand two
hundred dollars ($79,200) 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 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.
Chairman Clark called for discussion on the following:
Chesapeake Bay Exception Request by Edward R. and Sharon C Lenz,
owners, for Lot 59 and Lot 60 of the C. L. Obrey Subdivision on the
north side of Lakeview Lane, Carrollton, in the Newport Election
District.
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Ms. Walkup advised that the applicant is requesting that the request be
postponed until the Board's second meeting in January 2009. She advised
that certain information is under review at the Chesapeake Bay Local
Assistance Department.
Supervisor Bradshaw moved to approve the request from the
applicant's attorney to postpone this application until the Board's second
meeting in January, 2009. 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 discussion on the following:
Proposed Amendments to Sections 7 -2007 and 7 -2008 of the Isle of
Wight County Zoning Ordinance and Proposed Amendments to the
Planning Commission By -Laws
Mr. Smolnik advised that the above matter was presented to the Board
at its December 20, 2008 meeting, at which time the Board unanimously
agreed to postpone the matter until this meeting to allow staff to revise the
Planning Commission by -laws. He further advised that procedurally by -laws
must be presented to the Planning Commission in writing 30 days prior to the
full Planning Commission voting on them and, therefore, the by -laws will be
returned to the Planning Commission on December 23, 2008 with a vote at its
meeting in January 2009. He advised that he would be returning with this
matter at the Board's second meeting in February 2009.
Chairman Clark moved that the matter be postponed until the Board's
second meeting in February, 2009. 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 Conditional Use Permit
for Hardy Park.
Supervisor Brown requested that Interim County Attorney Burton add
the language to specify the "entire site" for clarification purposes.
Ms. Mazur advised that it is staff's recommendation that a Traffic
Impact Analysis is not needed due to the low trip generation.
Ms. Walkup concurred with Ms. Mazur's recommendation and noted
that staff does not anticipate a significant impact in traffic.
Supervisor Brown moved to approve the Conditional Use Permit with
the conditions recommended by the Planning Commission; the conditions
listed in the County Engineer's memo; and, the elimination of the Traffic
Impact Analysis. The motion was adopted by a vote of (5 -0) with
39
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Brown requested that the information recently sent to the
Justice Department by the County Attorney's office be corrected to reflect
that the Mt. Taber Church of God is the polling place for the Pons Precinct.
Supervisor Bradshaw inquired if a follow -up meeting had been set yet
with respect to the regional Airport Authority with the City of Franklin and
Southampton County.
County Administrator Caskey advised that he had communicated with
the Interim Franklin City Manager, but has not received any feedback.
Supervisor Bradshaw moved to direct the County Administrator to
contact the Interim City Manager of Franklin requesting that a meeting be
scheduled for the purpose of continuing discussions on the regional airport.
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 Casteen provided comments with respect to the proposed
sale of property to Thomas Ippolito. He stated that the Board did not vote to
approve the sale of that property, but did vote unanimously to hold a public
hearing on the matter. He stated that he routinely provides a report to the
Smithfield Town Council at their meetings on County items that he believes
are pertinent to the Town. He stated that the complaint was inaccurate that he
did not represent the Board's position. He stated that he noted in his report
that the Town had previously offered no comments, but that he was opposed
because he did not agree with selling a part of the property. He stated that he
had not asked the Town to reconsider, but he did encourage the Town and all
concerned citizens to come to the public hearing and make their wishes
known. He stated that when the Town Council returned from its Closed
Meeting, to his surprise, Council member Dashiell brought up the subject
again and the entire Council participated in a discussion.
1/
Chairman Clark called for New Business.
Chairman Clark moved that a Charter Cable Franchise Committee be
established consisting of Supervisors Casteen and Clark, citizens and staff to
work in conjunction with the County Attorney to explore all options
associated with the renewal process of the Charter Cable Franchise.
Chairman Clark is to return with the membership. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
40
Wright voting in favor of the motion and no Supervisors voting against the
motion.
County Administrator Caskey advised that staff has already begun to
compile communications sent to Charter over the past several years.
Noting that he recently read an article in Virginia Town City
magazine with respect to James City County and crisis management,
Chairman Clark moved that staff be directed to contact James City County
and request that the person responsible for the Crisis Management System in
James City County appear before the Board at one of its early 2009 meetings.
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 requested that the Board be advised of all County staff
resignations. He remarked that he would prefer to be informed by staff with
respect to resignations prior to reading about them in the newspaper.
1/
Supervisor Wright thanked Chairman Clark for his leadership and
guidance during his 2008 Chairmanship.
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Freedom of Information Act to discuss a
personnel matter pertaining to a specific public employee; pursuant to
Section 2.2- 3711.A.3 to discuss the acquisition of real property in the
Windsor District; pursuant to Section 2.2- 3711.A.7 for consultation with
legal counsel requiring the provision of legal advice pertaining to water
service with the Town of Smithfield; pursuant to Section 2.2- 3711.A.1 to
discuss a personnel matter pertaining to specific public employees; pursuant
to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the
provision of legal advice pertaining to the Southeastern Public Service
Authority; and, pursuant to Section 2.2- 3711.A.7 for consultation with legal
counsel requiring the provision of legal advice pertaining to the Locust
Grove lawsuit.
Supervisor Bradshaw moved that the Board enter the closed meeting
for the reasons 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 session.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
41
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw 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.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Wright moved that the Board authorize entering into a
contract with the Whitley's and authorize the Chairman to sign the contract
for the purchase price of $772,000. 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 Board authorize the purchase of 23%
interest and 25% interest in the Griffin property and authorize the Chairman
to sign the contract. 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/
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At 11:00 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.
Carey ills S rm, Clerk
43
Stan D. Clark, Chairman