June 18th, 2015 Full AgendaISSUE:
Resolution — Port of Virginia Grant for Tyler's Beach
BACKGROUND:
Isle of Wight County Department of Parks and Recreation was awarded
$10,000 from the Port of Virginia. The funding is through their Aid to
Local Ports Grant Program. The Aid to Local Ports program is a result
of the Virginia General Assembly's 1986 legislation establishing a
Commonwealth Port Fund.
The County will use the funds for the local share of the construction of
the upland dredge spoils placement site for Tyler's Beach. The upland
placement site will help ensure the viability of the future dredging of
Tyler's Beach Harbor for regular maintenance, as well as, urgent
dredging after a severe storm. The construction of the upland placement
site is scheduled to begin in the fall of the 2015.
BUDGETARY IMPACT:
The adoption of the attached resolution will appropriate the funds in the
Tyler's Beach Dredge Project Capital Budget.
RECOMMENDATION:
Adopt the attached resolution to accept and appropriate the funds granted
by the Port of Virginia.
ATTACHMENTS:
-Resolution
-Award Letter from the Port of Virginia
lik
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM
THE PORT OF VIRGINIA
WHEREAS, the Port of Virginia has granted Isle of Wight County ten
thousand dollars ($10,000) for the purpose of constructing the upland spoils
site; and,
WHERAS, the upland spoils placement site will help ensure the viability
of Tyler's Beach Harbor in the future for regular maintenance, as well as,
urgent dredging after a severe storm; and,
WHEREAS, the amount of ten thousand dollars ($10,000) received
from the Friends of Nike Park Skate Park needs to be accepted and
appropriated.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia that a donation in
the amount of ten thousand dollars ($10,000) received from the Port of Virginia
be appropriated to the Tyler's Beach Dredge capital project budget; and,
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
Adopted this 18th day of June 2015.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
ill
John F. Reinhart
CEO/Executive Director
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VIRGINIA Virginia Port Authority
Ej World Trade Center
k, VA 23510
May 20, 2015
Mark Furlo
Isle of Wight
13036 Nike Park Road
Carrollton, Virginia 23314
Dear Mr. Furlo:
On behalf of the Port of Virginia, I would like to congratulate Isle of Wight for being granted
$10,000 for the Tyler's Beach dredging project.
Fiscal year 2016 funds will be allocated by the Virginia Port Authority and are available July I,
2015. Isle of Wight shall submit a requisition to VPA for payment. The requisition shall be
accompanied by supporting invoices or other documentation as well as a certification of the
applicant that the work has been performed or that payment is otherwise properly due. The
requisition shall further set forth the name of person or entity to whom payment is to be made,
the amount of payment, and the project for which the payment is to be made. When the
project is completed, the applicant shall certify its completion date to WA.
Again, congratulations and we look forward to working with you on this project.
Sincerely,
Laura Godbolt
Economic Development Manager /
Foreign Trade Zone Administrator
The Port of Virginia
pl- (757) 683•8000 tc11 free (800) .146 8098 I portofwgtnia.com
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CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD
OF SUPERVISORS HELD THE THIRTEENTH DAY OF APRIL IN THE
YEAR TWO THOUSAND AND FIFTEEN AT 9:00 A.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Alphin called the continued meeting to order for the purpose of
discussing with school officials and Sheriff Marshall their respective
FY2015-16 budgets.
Mark Marshall, Sheriff, represented the operational funding needs for that
Department.
The consensus of the Board was that the Sheriffs Department needed
authorization to hire two full-time positions (an administrative lieutenant and
a patrol deputy) and additional funding in the amount of $24,000 to cover a
projected shortfall in overtime.
Nancy Hopkins, Accounting Manager, Isle of Wight County Schools,
advised that funding to be returned to the County from last year's budget is
anticipated to be less than $600,000 due to a $1.3 million increase in school
expenditures related to health insurance and Davis Bacon invoices.
It was recommended that a policy setting a reserve in the amount of 20% of
claims experience be established. Ms. Hopkins was requested to advise the
school's employer/employee percentage rate with regard to health insurance. •
Chairman Alphin commented that staff's recommendation is to fund the
School division one-time seed money in the amount of $500,000 for future
capital projects. He commented that if the School system returns that amount
or higher this year, the Board will consider allocating an additional $500,000
from this year's budget.
Supervisor Casteen recommended that funding be included in the budget for
the operational and maintenance costs associated with the new Isle of Wight
Volunteer Rescue Squad facility.
Jeffrey Terwilliger, Chief of Emergency Services, addressed the Board
regarding the County's inability to determine the cost associated with
maintenance of the facilities of the various volunteer organizations and he
was directed to gather the necessary data for incorporation into a uniform
reporting policy. County Attorney Popovich pointed out that the Isle of
Wight Volunteer Rescue Squad has signed a Facilities Use Agreement with
the County which specifies that the County is responsible for repairs and
maintenance of the facility and the Squad is responsible for grass cutting and
snow removal.
The recommendation of staff to close the skating rink in the Carrsville
District was discussed with respect to the low percentage of use by County
residents and due to other recreational opportunities which are offered to
residents in the southern end of the County. The need for recreational
programming was identified and the Director of Parks and Recreation was
charged with enhancements to recreational programming in the County.
A contribution to the TRIAD Council was discussed and the Director of
Parks and Recreation offered to review the feasibility of combining the
Council and the Commission on Aging and funding the Council under the
Commission.
The Board was advised that Attorney Pomaroy and the Director of Public
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Utilities for the City of Suffolk would be present at the Board's April 16,
2015 meeting to share the history of the Norfolk water agreement.
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County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711(A)(5) and (6) of the Freedom of Information Act concerning a
prospective business or industry or the expansion of an existing business or
industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the community.
Supervisor Bailey moved that the Board enter a closed meeting for the reason
stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bailey moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
110 Supervisor Bailey moved that the following resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
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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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Chairman Alphin adjourned the meeting at 11:25 a.m.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
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S REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF APRIL IN THE YEAR
TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., Chairman Alphin called the meeting to order and welcomed
those present. •
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711(A)(1) regarding discussion regarding the appointment of specific
appointees to County board, committees or authorities.
Supervisor Bailey moved that the Board enter the closed meeting for the
reason stated by County Attorney Popovich. The motion was adopted by a
vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
At 6:00 p.m., Supervisor Bailey moved that the Board return to open
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Alphin, Bailey, Casteen, Darden and Jefferson.voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bailey moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING •
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
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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: Bailey, Darden, Jefferson, Alphin and Casteen
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NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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Supervisor Jefferson delivered the invocation and Chairman Alphin led the Pledge
of Allegiance.
II
Under Approval of the Agenda, Supervisor Darden moved that the March 19,
2015 Minutes be removed from the agenda for consideration. The motion
was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, •
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• Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Jefferson moved to approve the Consent Agenda, as follows:
A.Resolution to Accept and Appropriate Federal Emergency Management
Agency (FEMA) Grant Funds for the Fort Boykin Shoreline Repair
Project
B.Resolution to Accept and Appropriate Funding from the Virginia
Department of Emergency Management/Virginia Power to the General
Fund and E911 Fund
C.Resolution to Accept and Appropriate Funds from the Virginia
Department of Agriculture and Consumer Services for the Virginia
Cooperative Extension Plastic Pesticide Container Recycling Program
•D. Resolution to Approve Corrections to the Public Utility and
Stormwater Inspection Fees in the Uniform Fee Schedule of the Fiscal
Year 2014-15 Operating and Capital Budget
E.Resolution to Authorize Execution of Necessary Closing Documents
Related to the Benn's Grant Development Project
F.Resolution to Authorize Execution and Delivery of Subordination
Agreement Related to the Benn's Grant Development Project
G.January 5, 2015 Organizational Meeting Minutes
H.January 13, 2015 Joint Meeting with the Industrial Development
Authority Minutes
I.January 22, 2015 Regular Meeting Minutes
• J. February 11, 2015 Special Meeting Minutes
K. February 19, 2015 Regular Meeting Minutes
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
II
Under Regional Reports, Supervisor Darden reported that the Hampton
Roads Planning District Commission had received an update on adopted
legislation affecting Hampton Roads localities and legislation that did not
pass.
Supervisor Darden reported that the Hampton Roads Transportation
Organization had received a presentation from the Commonwealth
Transportation Board relative to the Route 460 project with respect to the
contract being pulled although the environmental permits are still being
pursued with the Corps of Engineers. She advised that public meetings will
be conducted in May, 2015 and it is believed that the preferred route will be
pursued with funding being sought through the regular VDOT channels. She
advised that the budget was reviewed and an offer was made to an Executive
Director applicant.
Supervisor Jefferson reported on matters discussed at the most recent
Western Tidewater Regional Jail Board meeting with respect to the Jail's
capacity; its bank account balance; turnover rate; savings realized as a result
of the Jail utilizing monitoring bracelets; hours of inmate utilization by the
County; health care and VRS contributions by Jail employees.
Chairman Alphin reported that the Hampton Roads Transportation Technical
Committee is searching for an Executive Director and is a pool for substantial
transportation projects.
The following appointments were made by the Board:
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• Supervisor Bailey moved to recommend John E. Jones to the Circuit Court
Judge to represent the Newport District on Board of Zoning Appeals. The
motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved to reappoint Richard J. Holland to serve on the
Economic Development Authority. The motion was adopted by a vote of (5-
0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that Marilyn Oliver be recommended to the Circuit
Court Judge to represent the Windsor District on the Board of Equalization.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin moved to accept David Molt's resignation on the Board of
Equalization and recommend him to the Circuit Court Judge representing the
Carrsville District on the Board of Zoning Appeals. The motion was adopted
by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Alphin moved to recommend Harold Blythe to the Circuit Court
Judge to serve on the Board of Equalization representing the Carrsville
District. The motion was adopted by a vote of (5-0) with Supervisors Alphin,
Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Under Special Presentations, Chris Pomeroy, Attorney for the Western
Tidewater Water Authority (WTWA), and Al Moor, Director of Public
Utilities, City of Suffolk, provided a history of the WTWA water purchase
agreements. •
A Resolution Designating the Week of April 12-18, 2015 as Public Safety
Telecommunicators Week was presented by Sheriff Marshall for
consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO DESIGNATE THE WEEK OF APRIL 12-18, 2015 AS
PUBLIC SAFETY TELECOMMUNICATORS WEEK
WHEREAS, professional telecommunicators perform a critical function
when an emergency occurs requiring police, fire, or ambulance as well as
those related to forestry and conservation operations, highway safety and
maintenance activities; and,
WHEREAS, thousands of dedicated telecommunicators daily serve the
citizens of the United States by answering their calls for police, fire and
emergency medical services and by dispatching the appropriate assistance as
quickly as possible; and,
WHEREAS, professional telecommunicators are critical to our county's
emergency response and homeland security services, dispatching law
enforcement, firefighters, emergency medical services, and other emergency
responders 24 hours a day, seven days a week; and,
WHEREAS, professional telecommunicators are not visible as the men and
women who arrive on the scene of emergencies, but provide the vital link to
public safety services as part of the first responder team.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors designates the week of April 12 — 18, 2015 as Public
Safety Telecommunicators Week in Isle of Wight County in honor and
recognition of Telecommunicators and the vital contributions they make to
the safety and well- being of citizens.
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• The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Mary Beth Johnson, Director of Human Resources, presented a Resolution
recognizing National Public Service Recognition Week and the service of the
employees of Isle of Wight County for the Board's consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION RECOGNIZING NATIONAL PUBLIC SERVICE
RECOGNITION WEEK AND THE SERVICE OF THE EMPLOYEES OF
ISLE OF WIGHT COUNTY
WHEREAS, Americans are served every single day by public servants at the
federal, state, county and city levels. These unsung heroes do the work that
keeps our nation moving; and, •
WHEREAS, many public servants, including law enforcement personnel,
firefighters, emergency medical personnel, and others, risk their lives each
day in service to the people of the nation, state, county and city levels; and,
WHEREAS, the Board of Supervisors recognizes the outstanding public
service delivered by the employees of Isle of Wight County day in and day
out providing diverse services with efficiency, integrity, and continuity which
would be impossible in a democracy that regularly changes its leaders and
elected officials.
NOW, THEREFORE, BE IT RESOLVED that Isle of Wight County
recognizes National Public Service Recognition Week May 4-8, 2015,
honoring the millions of public employees at the federal, state, county, and
city levels, in particular, the valuable, dedicated employees serving Isle of
Wight County.
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• The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Donald T. Robertson, Director of Information Resources and Legislative
Affairs presented a Resolution Designating April 12-18, 2015 as Volunteer
Appreciation Week for the Board's consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO DESIGNATE APRIL 12 — 18, 2015 AS VOLUNTEER
APPRECIATION WEEK
WHEREAS, we are a nation that was founded by individuals who have
dedicated their lives, energies, and resources to making this a better world for
themselves, their families, and their neighbors; and,
WHEREAS, volunteerism directly reflects the democratic principles upon
which this nation was founded in that everyone, regardless of their
circumstances, race, age, sex, color or creed can volunteer; and,
WHEREAS, the number of individuals engaging in volunteer work and the
important variety of services provided increase each year, providing
challenges and fulfillment, rich rewards from helping others, improving
skills, and widening one's horizons; and,
WHEREAS, it is appropriate to recognize and to honor the numerous
contributions of the many volunteers serving the County of Isle of Wight, as
well as this Commonwealth of Virginia, and to join in with State and national
leaders to set a special time for such recognition.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the week
of April 12-18, 2015 be designated as Volunteer Appreciation Week. •
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The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Under Citizens Comments, the following individuals spoke:
Sam Cratch, member of the Carrollton Volunteer Fire Department, voiced
support for restored funding and a revised Facilities Use Agreement for the
Carrollton and Windsor Volunteer Fire Departments.
Debbie Bales of Carrollton requested the Board to support the revised
Facilities Use Agreement.
William McCarthy requested the Board's support of the revised Facilities
Use Agreement and improved treatment and support of County volunteers.
Brenda Peters of Five Forks Road requested the Board's continued support in
•opposing the proposed Route 460 project's alternative route creating a
northern bypass around the Town of Windsor.
Herb DeGroft of Mill Swamp Road addressed the Norfolk Water Agreement
and recommended graduated payment schedule.
Wayne McPhail of Pagan Ridge requested consideration of lowering the rates
at which pleasure boats are assessed.
Scott Home of Carroll Bridge Road expressed concern with the proposed
ISLE2040 Plan.
Shaun Brown of Old Stage Highway stressed the importance of moving
forward with the development of Bradby Park.
Victoria Hulick of Smithfield addressed the CIP and ISLE2040 Plan with
respect to the Newport District being overtaxed and requested full funding of • the schools.
Andrea Stephen of Clipper Creek requested full funding of the schools.
Rosa Turner of Old Stage Highway addressed development plans for Bradby
Park.
Christine Vassitakos voiced support for full funding of schools.
Betsy Egan of Smithfield voiced support of the County's PEG channel and
welcome communication from staff with regard to the vitality of the
proposed ISLE2040 Plan and the Facilities Use Agreement.
Dale Scott, member of the Windsor Volunteer Fire Department, notified the
Board that the Department has voted not to enter into a Facilities Use
Agreement because of the potential to nullify that Department's MOU with
the County and the Town of Windsor.
Fred Mitchell of Carrollton addressed his opposition to the Facilities Use
Agreement and the mistreatment of needed volunteers who respond in critical
situations.
Eric Jones of Rushmere notified the Board that there is an individual living at
Tyler's Beach who seems to be receiving preferential treatment.
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Following a recess, Chairman Alphin called for a public hearing on the
following matter:
Proposed Operating and Capital Budget for Fiscal Year 2015-2016 and
Related Ordinances and Resolutions and Motion to Schedule a Special
Meeting on May 1, 2015
County Administrator Seward provided an overview of the FY2015-16
proposed Operating and Capital Budget and recommended that the Board
schedule a special meeting on May 1, 2015 for the purpose of adopting the
proposed FY2015-16 Operating and Capital Budget and related ordinances.
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Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed FY2015-16 Operating and Capital Budget.
Chris Lilly of expressed concerns with the proposed budget as it relates to
funding for schools. He identified a leaky fire sprinkler system and the roof
at Carrollton Elementary School and playgrounds are unsafe to play on and
Westside Elementary School has too large class sizes and too small
classrooms and a leaky roof and intemet and phone systems are frequently
not functioning. He stated it is not logical that a tax increase is not necessary;
however, there are insufficient monies to fund the schools. He recommended
implementing a special taxing district in the northern part of the County
where it is more populated.
Herb DeGroft of Mill Swamp Road and a former School Board member
addressed the need to put a replacement sprinkler system in the Operating
Budget. He recommended placing the $1.1 million in the County's Capital • Budget as the funds do not belong in the Operating Budget.
Edith Scott of Windsor read into the record a letter from Allyson Wilson of
Carrollton who moved to the Carrollton area from Portsmouth for the
purpose of finding a place that would offer a better level of education for her
children only to discover after moving about the budget cuts resulting in
larger classroom sizes.
Ellen Baker of Carrollton spoke against the funding currently allocated for
schools noting it is insufficient. She recommended the Board raise the tax
rate so that the needs can be met that are needed by the schools.
Catherine West read into the record a letter from Micky Low of Carrollton
citing insufficient funding in the areas of retaining the right teachers;
attracting the tax base to support educational infrastructure in line with
growth; keeping families passionate about an investment in the school
system; and, providing a suitable foundation for local at-risk students. •
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• Betsy Egan of Smithfield encouraged funding for basic priorities such as
schools and investing in the Shirley T. Holland Industrial Park.
Fred Mitchell of Carrollton spoke in support of funding for schools to
address needed repairs, such as the sprinkler system. He stated a number one
priority is the safety of children in the schools.
Chairman Alphin closed the public hearing and called for comments from the
Board.
The need to replace the sprinkler system at the Carrollton Elementary School
was brought up by Supervisor Bailey for discussion.
Chairman Alphin commented that the School Division will be receiving $1.2
million in additional combined revenue from the County, the State and the
Federal Government for operating and that he intends to discuss other
funding options later in the meeting.
Supervisor Darden made note that the sprinkler system has been an issue
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since 2011 and more emphasize should have been placed on having it
repaired/replaced. She recalled that a special taxing district had not been a
desirable solution and that $0.2 of last tax increase had been allocated to the
School Division. She recommended that the Board continue to strive for a
good dialogue with the School Division so that issues of this nature can be
addressed.
Supervisor Casteen pointed out that the Board is responsible for funding the
Schools, however, prioritization of school items are the responsibility of the
Schools.
Supervisor Jefferson moved that the Board schedule a special meeting on
May 1, 2015 at 9:00 a.m. for the purpose of adopting the proposed FY2015-
16 Operating and Capital Budget. The motion was adopted by a vote of (5-0)
with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion. •
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Chairman Alphin called for a public hearing on the following:
Ordinance to Amend and Reenact the Isle of Wight County Code,
Appendix B-1, Chesapeake Bay Preservation Area Ordinance
Kim Hummel, Environmental Planner, provided an overview of the
amendments to the ordinance.
Chairman Alphin called for persons to speak in favor or in opposition to the
proposed amendments.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Supervisor Darden moved that the following Ordinance be adopted:
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APPENDIX B-1. - CHESAPEAKE BAY PRESERVATION AREA
ORDINANCE
Editor's note—An ordinance adopted August 21, 2006, amended Appendix
B-1 in its entirety to read as herein set out.
Prior Ordinance History: Ords. dated 11-15-90; 9-21-00; 11-16-00; and 12-
18-03.
Article 1. - Title, Purpose, and Authority.
Sec. 1000. - Title.
This ordinance shall be known and referenced as the "Chesapeake Bay
Preservation Area Ordinance" of Isle of Wight County, Virginia. This
Ordinance is also commonly referred to as the "CBPA" Ordinance. (8-21-06.)
Sec. 1001. - Findings of fact.
The Chesapeake Bay and its tributaries are one of the most important and
productive estuarine systems in the world, providing economic and social • benefits to the citizens of Isle of Wight County and the Commonwealth of
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• Virginia. The health of the Bay is vital to maintaining Isle of Wight County's
economy and the welfare of its citizens.
The Chesapeake Bay waters have been degraded significantly by many
sources of pollution, including nonpoint source pollution from land uses and
development. Existing high quality waters are worthy of protection from
degradation to guard against further pollution. Certain lands that are adjacent
to the shoreline have intrinsic water quality value due to the ecological and
biological processes they perform. Other lands have severe development
constraints from flooding, erosion, and soil limitations. Protected from
disturbance, they offer significant ecological benefits by providing water
quality maintenance and pollution control as well as flood and shoreline
erosion control. These lands together, designated by the board of supervisors
as Chesapeake Bay Preservation Areas (hereinafter "CBPAs"), need to be
protected from destruction and damage in order to protect the quality of water
in the Bay and consequently the quality of life in Isle of Wight County and
the Commonwealth of Virginia. (8-21-06.)
Sec. 1002. - Purpose and intent.
This ordinance is enacted to implement the requirements of Section 62.1-
44.15:67 et seq., of the Code of Virginia, the Chesapeake Bay Preservation
Act, and amends Appendix B-1 of the Isle of Wight County Code, known
also as the Chesapeake Bay Preservation Area Ordinance. The purpose and
intent of this ordinance is to: (4-16-15)
a.Protect existing high quality state waters;
b.Restore all other state waters to a condition or quality that will permit all
reasonable public uses and will support the propagation and growth of
aquatic life, which might reasonably be expected to inhabit them;
c.Safeguard the clear waters of the Commonwealth from pollution;
d.Prevent any increase in pollution;
e.Promote water resource conservation in order to provide for the health,
safety, and welfare of the present and future citizens of Isle of Wight
County. (8-21-06.)
Sec. 1003. - Relationship to referenced laws, other county ordinances and
guidance documents.
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(a)The requirements of this ordinance supplement the county's land
development ordinances, including existing zoning and subdivision
ordinances and regulations. It imposes specific regulations for
development and other land uses within the Isle of Wight County
preservation area. In the event of inconsistency between the provisions of
this ordinance and the provisions established in other applicable
ordinances, the more restrictive or stringent provisions shall apply.
(b)Permitted uses, special permit uses, accessory uses and special
requirements shall be as established by the zoning ordinance and the
underlying zoning district, unless specifically modified by the
requirements of this ordinance.
(c)Lot size shall also comply with requirements of the underlying zoning
district in the zoning ordinance, provided that all lots shall have sufficient
area outside the Resource Protection Area to accommodate an intended
development, in accordance with the performance standards in section
4002, when such development is not otherwise allowed in the Resource
Protection Area.
(d)References in this ordinance to any law statute, ordinance, rule or
regulation in force on the date of adoption of this ordinance shall include
any subsequent amendments or revisions.
(e)Guidance documents prepared by the Virginia Department of
Environmental Quality shall be used as references in the administration
and interpretation of this ordinance. Where there appears to be a conflict
between this ordinance and the guidance documents, the ordinance shall
take precedence. (8-21-06, 4-16-15)
Sec. 1004. - Applicability.
(a)No person shall develop, alter, or use any land for residential,
commercial, industrial, or civic uses, nor conduct agricultural, fishery or
forestry activities in the Isle of Wight County preservation area except in
compliance with the provisions of this ordinance.
(b)No development or resource utilization activity shall be permitted until all
applicable approving authorities shall determine that the proposed
development or activity is consistent with the goals and objectives of the
Isle of Wight County preservation area program. (8-21-06.)
15
• Sec. 1005. - Severability.
If any section, paragraph, subdivision, clause, phrase, or provision of this
ordinance shall be adjudged invalid or held unconstitutional, such a ruling
shall not affect the validity of the remainder of this ordinance. (8-21-06.)
Article 2. - Definitions.
Sec. 2000. - Purpose.
It is the purpose of this article to define words, terms and phrases
contained within this ordinance and other applicable terms. (8-21-06.)
Sec. 2001. - Word usage.
In the interpretation of this ordinance, the provisions and rules of this
section shall be observed and applied, except when the context clearly
requires otherwise:
a.Words used or defined in one tense or form shall include other tenses and
derivative forms.
b.Words in the singular number shall include the plural number and words
in the plural number shall include the singular number.
c.The specific shall control the general.
d.The word "person" includes a "firm, association, organization,
partnership, trust, company," as well as an "individual."
e.Any words pertaining to gender shall be interchangeable. The word "he"
shall also mean "she", and "she" shall also mean "he".
I The words "used" or "occupied" include the words "intended, designed,
or arranged to be used or occupied."
g.The word "lot" includes the words "plot" or "parcel."
h.The word "shall" is mandatory; the words "may" and "should" are
permissive.
i.In case of any difference of meaning or implication between the text of
this ordinance and any caption, illustration, or table, the text shall control.
All public officials, bodies, and agencies referred to in this ordinance are
those of Isle of Wight County, Virginia, unless otherwise specifically
indicated. (8-21-06.)
•
•
16
•
Sec. 2002. - Definitions.
The following words and terms used in these regulations shall have the
following meanings, unless the context clearly indicates otherwise.
a.Act .... means the Chesapeake Bay Preservation Act, Article 2.5
(Section 62.1-44.15.67 et seq.) of Chapter 3.1 of Title 62.1 of the Code of
Virginia. (4-16-15)
b.Agricultural lands mean those lands used for the tilling of the soil; the
growing of crops or plant growth of any kind in the open, including
forestry; pasturage; horticulture; dairying; floriculture; or raising of
poultry and/or livestock.
c.Best Management Practices (BMP's) means a practice, or combination
of practices, that are defined by a state agency or the Hampton Roads
Planning District Commission guidelines to be the most effective,
practical means of preventing or reducing the amount of pollution
generated by nonpoint sources to a level compatible with water quality
goals.
d.Buffer area means an area of natural or established vegetation
managed to protect other components of a Resource Protection Area and
state waters from significant degradation due to land disturbances.
e.Chesapeake Bay Preservation Area (CBPA) means any land
designated by the Board of Supervisors pursuant to Part III of the
Chesapeake Bay Preservation Area Designation and Management
Regulations, 9VAC25-830-70 et seq., and Section 62.1-44.15:72 of the
Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a
Resource Protection Area and a Resource Management Area. (4-16-15)
f.Construction footprint means the area of all impervious surfaces,
including but not limited to buildings, roads and drives, parking areas,
sidewalks and the area necessary for construction of such improvements.
g.Development means the construction, or substantial alteration of
residential, commercial, industrial, institutional, recreational,
transportation, or utility facilities or structures. This shall include any
construction, modification, extension or expansion of buildings or
structures; placement of fill or dumping; storage of materials; land
17
• excavation; land clearing; land improvement; or any combination of these
activities, including the subdivision of land.
h.Diameter at breast height (DBH) means the diameter of a tree
measured outside the bark at a point four and one-half (4.5) feet above the
ground.
i.Dripline means a vertical projection to the ground surface from the
furthest lateral extent of a tree's leaf canopy.
Erosion and Sediment Control Law .... means Article 2.4 (Section 62.1-
44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. (4-
16-15)
k. Impervious cover means a surface composed of any material that
significantly impedes or prevents natural infiltration of water into the soil.
Impervious surfaces include, but are not limited to: roofs, buildings,
streets, parking areas, and any concrete, asphalt, or compacted gravel
surface.
1. Land-disturbing permit means a permit issued by the county for
clearing, filling, excavating, grading or transporting, or any combination
thereof.
m.Limits of clearing means the extent to which vegetation can be
removed from a property as shown on a plan approved by the county.
n.Lot coverage means the impervious area of any lot or parcel
including, but not limited to buildings, drives, parking areas, sidewalks,
patios, decks, etc.
o.Mitigation means measures taken to eliminate or minimize damage to
environmentally sensitive areas from land disturbing or development
activities. Such measures may include, but are not limited to, avoiding the
impact altogether, limiting the degree or magnitude of .the action,
repairing or restoring the affected environmental area, reducing the
impact over time by preservation and maintenance, or replacing or
providing a substitute environmental area.
p.Nonpoint source pollution means pollution consisting of constituents
such as sediment, nutrients, and organic and toxic substances from diffuse
•
18
sources, such as runoff from agricultural and urban land development and
use.
q.Nontidal wetlands mean those wetlands other than tidal wetlands that
are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, as defined by the U.S. Environmental Protection Agency
pursuant to Section 404 of the federal Clean Water Act, in 33 C.F.R.
328.3b.
r.Noxious weeds means weeds such as Johnson grass, kudzu, and
multiflora rose, including those identified by the Virginia Department of
Conservation and Recreation as Invasive Alien Plant Species.
s.Plan of development .... means any process for site plan review in Isle of
Wight County zoning and land development regulations designed to
ensure compliance with Section 62.1-44.15:74 of the Act and this chapter,
prior to issuance of building permit. (4-16-15)
t.Point source pollution means pollution of state waters resulting from
any discernible, defined or discrete conveyances.
u.Public road means a publicly owned road designed and constructed in
accordance with water quality protection criteria at least as stringent as
requirements applicable to the Virginia Department of Transportation,
including regulations promulgated pursuant to i) the Erosion and
Sediment Control Law and ii) the Virginia Stormwater Management Act.
This definition includes roads where the Virginia Department of
Transportation exercises direct supervision over the design or
construction activities, or both, and cases where secondary roads are
constructed or maintained, or both, by local government in accordance
with the standards of that local government.
v.Redevelopment means the process of developing land that is or has
been previously developed.
w.Resource Management Area (RMA) means that component of the
Chesapeake Bay Preservation Area that is not classified as the Resource
Protection Area. (4-16-15)
19
• x. Resource Protection Area (RPA) means that component of the
Chesapeake Bay Preservation Area comprised of lands adjacent to water
bodies with perennial flow that have an intrinsic water quality value due
to the ecological and biological processes they perform or are sensitive to
impacts which may result in significant degradation to the quality of state
waters.
Y. Silvicultural activities means forest management activities, including
but not limited to the harvesting of timber, the construction of roads and
trails for forest management purposes, and the preparation of property for
reforestation that are conducted in accordance with the silvicultural best
management practices developed and enforced by the State Forester
pursuant to § 10.1-1105 of the Code of Virginia and are located on
property defined as real estate devoted to forest use under § 58.1-3230 of
the Code of Virginia.
z. Substantial alteration means expansion or modification of a building
or development that would result in a disturbance of land exceeding 2,500
square feet in the Resource Management Area only.
aa. Substantial work means that improvements have proceeded to where
vertical construction of the basic structure or walls has begun on a
building or other structure or for other land improvements, that
significant progress has been made towards accomplishing the approved
project.
ab. Tidal shore or shore means land contiguous to a tidal body of water
between the mean low water level and the mean high water level.
ac. Tidal wetlands means vegetated and nonvegetated wetlands as defined
in Section 28.2-1300 of the Code of Virginia.
ad. Water-dependent facility means a development of land that cannot exist
outside of the Resource Protection Area and must be located on the
shoreline by reason of the intrinsic nature of its operation. These facilities
include, but are not limited to (i) ports; (ii) the intake and outfall
structures of power plants, water treatment plants, sewage treatment
plants, and storm sewers; (iii) piers, marinas, and other boat docking
structures; (iv) beaches and other public water-oriented recreation areas;
•
•
20
• (v) fisheries or other marine resources facilities; and (vi) shoreline and
bank stabilization projects, where deemed necessary.
ae. Water body with perennial flow means a body of water that flows in a
natural or manmade channel year-round during a year of normal
precipitation. This includes, but is not limited to, streams, estuaries, and
tidal embayments and may include drainage ditches or channels
constructed in wetlands or from former natural drainageways, which
convey perennial flow. Lakes and ponds, into which a perennial stream
flows and perennial flow exits, are part of a perennial stream. Generally,
the water table is located above the streambed for most of the year and
groundwater is the primary source for stream flow. Perennial flow can be
inferred by the presence of biological indicators, benthic
macroinvertebrates that require water for entire life cycles, or by using an
approved stream determination protocol.
af. Wetlands .... means both tidal and nontidal wetlands.(4-16-15)
ag. Zoning administrator means the person designated as the official
•
responsible for enforcing and administering all requirements of the
County Zoning Ordinance, or a duly authorized designee. (8-21-06.)
Article 3. - Areas of Applicability, Delineations of Boundaries, and
Exemptions.
Sec. 3000. - Areas of applicability.
(a)The Chesapeake Bay Preservation Area (CBPA) Ordinance shall apply to
all lands within the Chesapeake Bay drainage basin. The limits of this
area are generally shown on the Chesapeake Bay Preservation Area maps
adopted by the board of supervisors, which together with all explanatory
matter thereon, are adopted as a part of this ordinance. This information
may be supplemented by digital mapping resources in the course of
administering the provisions of this ordinance.
(b)The Chesapeake Bay Preservation Area shall be divided into two areas
consisting of the following:
1. The Resource Protection Area (RPA), which shall include: • a. Tidal wetlands;
21
• b.Nontidal wetlands connected by surface flow and contiguous to
tidal wetlands or water bodies with perennial flow;
c.Tidal shores;
d.Water bodies with perennial flow, including streams, rivers, lakes
and ponds;
e.Other lands as may be designated by the Board of Supervisors and
shown on the CBPA maps; and
f.A vegetated buffer area not less than 100 feet in width located
adjacent to, landward of, and on both sides of the resources listed
in subsections a. through e. above.
2. The Resource Management Area (RMA) shall consist of all areas
within the Chesapeake Bay watershed. (8-21-06.)
Sec. 3001. - Delineation and interpretation of boundaries.
(a) The site-specific boundaries of the Resource Protection Area shall be
provided by the applicant. The applicant shall delineate specific
boundaries of the RPA through the performance of an environmental site
assessment to be approved by the Zoning Administrator in accordance
with section 5000(b) of this ordinance.
1.Delineation of the RPA shall include the designation of perennial
water bodies by use of a scientifically valid system of in-field
indicators of perennial flow or other means approved by the zoning
administrator. The site-specific delineation of the RPA shall be
undertaken by the applicant and approved by the zoning administrator.
2.All components included in the Resource Protection Area (subsection
3000(b)1. above) shall be delineated separately, and shall be prepared
by a person trained, qualified and experienced in performing wetland
delineation work, such as an environmental engineer, environmental
scientist, soil scientist, biologist or geologist.
3.Wetlands delineations shall be performed consistent with the
procedures specified in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, 1987, and shall be verified by the
U. S. Army Corps of Engineers, where it determines it has
jurisdiction.
•
•
22
• 4.The Chesapeake Bay Preservation Area Maps may be used as a guide
to the general location of Resource Protection Areas, but shall not be a
substitute for an on-site delineation.
5.This requirement may be waived by the zoning administrator when
the proposed use or development and all associated land disturbing
activities will clearly be located outside of a Resource Protection
Area, based on an evaluation by the Zoning Administrator and after
referral to the board of supervisors.
6.Delineations shall be valid for a period of five (5) years.
B. Where the applicant has provided a determination of the Resource
Protection Area, the Zoning administrator shall inspect the site and verify
the accuracy of the boundary delineation. In determining the site-specific
RPA boundary, the zoning administrator may consider previously
submitted delineations and materials and consult with qualified
specialists, including any private, state or federal resources available to
the county. In the event the adjusted boundary delineation is contested by
the applicant, the applicant may seek relief, in accordance with the
provisions of subsection 5000(h) (Denial/appeal of plan).
If the boundaries of the Resource Management Area includes only a
portion of a lot, parcel, or development project, the entire lot, parcel, or
development project shall comply with the requirements of this
ordinance. The division of property shall not constitute an exemption
from this requirement. (8-21-06.)
Sec. 3002. - Exemptions.
The following uses and activities are exempt from the provisions of this
ordinance provided that all of the requirements listed below are met.
(a) Exemptions for public utilities, railroads, public roads, and facilities:
Construction, installation, operation, and maintenance of electric, natural
gas, fiber-optic, and telephone transmission lines, railroads, and public
roads and their appurtenant structures in accordance with (i) regulations
promulgated pursuant to the Erosion and Sediment Control Law (§ 62.1-
44.15:51 et seq. of the Code of Virginia) and the Stormwater •
Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia), (ii) an
erosion and sediment control plan and a stormwater management plan
(c)
23
• approved by the Virginia Department of Environmental Quality, or (iii)
local water quality protection criteria at least as stringent as the above
state requirements are deemed to comply with this ordinance. The
exemption of public roads is further conditioned on the following: (4-16-
15)
1. The road alignment and design has been optimized, consistent with all
applicable requirements, to prevent or otherwise minimize the
encroachment in the Resource Protection Area and to minimize the
adverse effects on water quality.
(b) Exemptions for local utilities and other service lines: Construction,
installation, and maintenance of water, sewer, natural gas, underground
telecommunications and cable television lines owned, permitted or both,
by a local government or regional service authority shall be exempt from
this ordinance provided that:
1.To the degree possible, the location of such utilities and facilities
should be outside Resource Protection Areas;
2.No more land shall be disturbed than is necessary to provide for the
proposed utility installation;
3.All such construction, installation, and maintenance of such utilities
and facilities shall be in compliance with all applicable state and
federal requirements and permits and designed and conducted in a
manner that protects water quality; and
4.Any land disturbance exceeding an area of two thousand five hundred
(2,500) square feet complies with Isle of Wight County erosion and
sediment control requirements (Chapter 6) and stormwater
management requirements (Chapter 14A). (4-16-15)
(c) Exemptions for silvicultural activities: Silvicultural activities are
exempt from the requirements of this ordinance provided that silvicultural
operations adhere to water quality protection procedures prescribed by the
Virginia Department of Forestry in the March 2011 edition of "Virginia's
Forestry Best Management Practices for Water Quality Technical
Manual, Fifth Edition." The Virginia Department of Forestry will oversee
and document installation of best management practices and will monitor
•
•
24
•
•
•
in-stream impacts of forestry practices in Chesapeake Bay Preservation
Areas. (4-16-15)
(d) Exemptions in resource protection areas: The following land
disturbances in Resource Protection Areas may be exempt from this
ordinance provided that they comply with the requirements listed in
subsections 1. through 5. below and obtain a zoning permit from the
zoning administrator: (i) water wells; (ii) passive recreation facilities such
as boardwalks, walking trails, and pathways; and (iii) historic
preservation and archaeological activities. (4-16-15)
1.Any required permits, except those to which this exemption
specifically applies, shall have been issued; and
2.Sufficient and reasonable proof is submitted that the intended use will
not deteriorate water quality; and
3.The intended use does not conflict with nearby planned or approved
uses.
4.Any land disturbance exceeding an area of two thousand five hundred
(2,500) square feet shall comply with Isle of Wight County erosion
and sediment control requirements (Chapter 6) and stormwater
management requirements (Chapter 14A). (4-16-15)
5.Boardwalks, walking trails and pathways shall not exceed five (5) feet
in width and shall be paved with a permeable material. For purposes
of this section, boardwalks shall consist of an elevated public
pedestrian walkway constructed along a shoreline or beach. (8-21-06.)
Article 4. - Performance Standards and Development Criteria.
Sec. 4000. - General performance standards.
(a) Purpose and intent. The performance standards establish the means to
minimize erosion and sedimentation potential, reduce land application of
nutrients and toxics, and maximize rainwater infiltration. Natural ground
cover, especially woody vegetation, is most effective in holding soil in
place and preventing site erosion. Indigenous vegetation, with its
adaptability to local conditions without the use of harmful fertilizers or
pesticides, filters stormwater runoff. Keeping impervious cover to a
25
• minimum enhances rainwater infiltration and effectively reduces
stormwater runoff potential.
The purpose and intent of these requirements is also to implement the
following objectives:
1.Prevent a net increase in nonpoint source pollution from new
development;
2.Achieve a ten (10) percent reduction in nonpoint source pollution
from redevelopment; and
3.Achieve a forty (40) percent reduction in nonpoint source pollution
from agricultural uses.
(b) General performance standards for development and redevelopment in the
Chesapeake Bay Preservation Area.
1. Land disturbance shall be limited to the area necessary to provide for
the proposed use or development.
a.In accordance with an approved plan of development, the limits of
clearing or grading shall be strictly defined by the construction
footprint. The zoning administrator shall review and approve the
construction footprint through the plan of development process.
These limits shall be clearly shown on submitted plans and
physically marked in the development site.
b.Ingress and egress during construction shall be limited to one (1)
access point, unless otherwise approved by the zoning
administrator.
2. Indigenous vegetation shall be preserved to the maximum extent
practicable consistent with the proposed use or development permitted
and in accordance with the Virginia Erosion and Sediment Control
Handbook.
a. Existing trees over eight (8) inches diameter at breast height
(DBH) shall be preserved outside the approved construction
footprint in accordance with the same standards established in
subsection 4002(b)1.
•
26
•
•
•
b.Site clearing for construction activities shall be allowed as
approved by the zoning administrator through the plan of
development review process outlined under section 5000 of this
ordinance.
c.Prior to clearing and grading, suitable protective barriers, like
safety fencing, shall be erected five (5) feet outside the dripline of
any tree or stand of trees to be preserved. Protective barriers shall
remain throughout all phases of construction. The storage of
equipment, materials, debris, or fill shall not be allowed within the
area protected by the barrier.
3.Development on slopes greater than fifteen (15) percent shall be
prohibited unless such development is demonstrated to be the only
effective way to maintain or improve slope stability.
4.Land development shall minimize impervious cover consistent with
the proposed use or development. Impervious coverage on any lot or
parcel shall be limited to the lot coverage permitted under the zoning
district requirements of said lot or parcel, but in no case shall exceed
sixty (60) percent of the total site.
5.Notwithstanding any other provisions of this ordinance or exceptions
or exemptions thereto, any land disturbing activity exceeding two
thousand five hundred (2,500) square feet, including construction of
all single-family houses, septic tanks and drainfields, but otherwise as
defined in Section 62.1-44.15:51 of the Code of Virginia, shall
comply with the requirements of the Erosion and Sediment Control
Ordinance, Chapter 6 of the County Code. Enforcement for
noncompliance with the erosion and sediment control requirements
referenced in this criterion shall be conducted under the provisions of
the Erosion and Sediment Control Law and attendant regulations.(4-
16-15)
6.All development and redevelopment within RMAs and RPAs that
exceeds two thousand five hundred (2,500) square feet of land
disturbance shall be subject to a plan of development process,
including the approval of a site plan in accordance with the provisions
of Section 5000 of this ordinance; or a subdivision plan in accordance
27
• with the Subdivision Ordinance; or a Water Quality Impact
Assessment in accordance with section 4003 of this ordinance.
7.All on-site sewage disposal systems not requiring a Virginia Pollution
Discharge Elimination System (VPDES) permit shall be pumped out
at least once every five (5) years. As an alternative to the pump-out
every five (5) years, there shall be the option of having a septic
effluent filter installed and maintained in the outflow pipe from the
septic tank to filter solid material from the effluent while sustaining
adequate flow to the drainfield to permit normal use of the septic
system. Such a filter should satisfy standards established in the
Sewage Handling and Disposal Regulations (12 VAC 5-610)
administered by the Department of Health. Furthermore, in lieu of
requiring proof of septic tank pump-out every five (5) years, there
shall be the option to submit documentation every five (5) years,
certified by an operator or on-site soil evaluator licensed or certified
under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being
qualified to operate, maintain or design on-site sewage systems, that
the septic system has been inspected, is functioning properly, and that
the tank does not need to have the effluent pumped out.(4-16-15)
8.A reserve sewage disposal site with a capacity at least equal to that of
the primary sewage disposal site shall be provided, in accordance with
the Isle of Wight County Health Code. This requirement shall not
apply to any lot or parcel recorded prior to October 1, 1989, when a
reserve sewage disposal site is not available, as determined by the
local health department. Building or the construction of any
impervious surface shall be prohibited on the area of all sewage
disposal sites or on an on-site sewage treatment system which
operates under a permit issued by the state water control board, until
the structure is served by public sewer.
9.For any use or development exceeding 2500 square feet of
development within Isle of Wight County's Chesapeake Bay
Preservation Area, stormwater runoff shall be controlled by the use of
best management practices consistent with requirements of Section
9VAC25-870-51 and 9VAC25-870-103 of the Virginia Stormwater
•
•
28
•
•
•
Management Regulations and Chapter 14A of Isle of Wight County's
Stormwater Management Ordinance.(4-16-15)
10.Prior to initiating grading or other on-site activities on any portion of
a lot or parcel, all wetlands permits required by federal, state, and
local laws and regulations shall be obtained and evidence of such
submitted to the zoning administrator, in accordance with Section
5000, of this ordinance.
11.Land upon which agricultural activities are being conducted shall
undergo a soil and water quality conservation assessment. Such
assessments shall evaluate the effectiveness of existing practices
pertaining to soil erosion and sediment control, nutrient management
and management of pesticides, and where necessary, results in a plan
that outlines additional practices needed to ensure that water quality
protection is accomplished consistent with this ordinance. (8-21-06;
5-15-08; 3-20-14.)
Sec. 4001. - Development criteria for resource protection areas.
a. Land development in resource protection areas may be allowed in
accordance with other county ordinances only when permitted by the
zoning administrator and if it:
i.Is water-dependent; or
ii.Constitutes redevelopment;
iii.Is a new use subject to the provisions of subsection 4002(b)2. of this
ordinance;
iv.Is a road or driveway crossing satisfying the conditions set forth in
subsection 4001.a.3. below; or
v.Is a flood control or stormwater management facility that drains or
treats water from multiple development projects or from a significant
portion of a watershed provided such facilities are allowed and
constructed in accordance with the Virginia Stormwater Management
Act and its attendant regulations, and provided that i) the local
government has conclusively established that the location of the
facility within the resource protection area is the optimum location; ii)
the size of the facility is the minimum necessary to provide for flood
control, stormwater management, or both; iii) the facility must be
29
S consistent with a stormwater management program that has been
approved by the board as a phase 1 modification to the local
government's program; iv) all applicable permits for construction in
state or federal waters must be obtained from the appropriate state or
federal agencies; v) approval must be received from the local
government prior to construction; and vi) routine maintenance is
allowed to be performed on such facilities to assure that they continue
to function as designed. It is not the intent of this subsection to allow
a best management practice that collects and treats runoff from only
an individual lot or some portion of the lot to be located within a
resource protection area.(4-16-15)
1. A new or expanded water-dependent facility may be allowed
provided that the following criteria are met:
a.It does not conflict with the comprehensive plan;
b.It complies with the performance criteria set forth in sections
4001 and 4002 of this ordinance;
c.Any non-water-dependent component is located outside of the
RPA; and
d.Access to the water-dependent facility will be provided with
the minimum disturbance necessary. Where practicable, a
single point of access will be provided.
2. Redevelopment on isolated redevelopment sites shall be permitted
only if there is not an increase in the amount of impervious cover,
and no further encroachment occurs within the RPA, and it shall
conform to applicable erosion and sediment control requirements
of Chapter 6 of the County Code and the stormwater management
requirements of Chapter 14A of the County Code. For purposes of
this section, in redeveloping a site, the encroachment of a
proposed building or structure shall be based on the location of
existing buildings or structures, or the locations of legally
established historical buildings or structures, or parking and other
impervious cover located on the site. (4-16-15)
3. Roads and driveways not exempt under section 3002 and which,
therefore, must comply with the provisions of this ordinance, may
•
•
30
• be constructed in or across RPAs if each of the following
conditions are met:
a.The zoning administrator makes a finding that there are no
reasonable alternatives to aligning the road or drive in or
across the RPA;
b.The alignment and design of the road or driveway are
optimized, consistent with other applicable requirements, to
minimize encroachment in the RPA and minimize adverse
effects on water quality;
c.The design and construction of the road or driveway satisfies
all applicable criteria of this ordinance;
d.The zoning administrator reviews the plan for the road or
driveway proposed in or across the RPA in coordination with
the plan of development requirements as required under
section 5000 or subdivision plan
b. A water quality impact assessment as outlined in section 4003 of this
ordinance shall be required for any proposed land disturbance,
development or redevelopment within resource protection areas. (8-21-
06; Ord. No. 2012-12-C, 10-18-12.)
Sec. 4002. - Performance standards in Resource Protection Areas.
(a) Purpose and intent. To minimize the adverse effects of human
activities on the other components of Resource Protection Areas (RPA),
state waters, and aquatic life, a one hundred-foot wide buffer area of
vegetation that is effective in retarding runoff, preventing erosion, and
filtering nonpoint source pollution from runoff shall be retained if present
and established where it does not exist.
The buffer area shall be located adjacent to and landward of other RPA
components and along both sides of any water body with perennial flow. The
one hundred-foot full buffer area shall be designated as the landward
component of the Resource Protection Area, in accordance with section 3000
and section 5000 of this ordinance. Notwithstanding permitted uses,
encroachments, and vegetation clearing, as set forth in section 4001 and this
section, the one hundred-foot buffer area is not reduced in width.
•
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31
The one hundred-foot buffer area shall be deemed to achieve a seventy-five
(75) percent reduction of sediments and a forty (40) percent reduction of
nutrients.
(b) General performance standards for development and redevelopment.
1. Permitted modifications to the buffer area.
Note: Please refer to the Riparian Buffer Guidance Manual prepared
by the Virginia Chesapeake Bay Local Assistance Board for
additional information and guidance on the modifications to the buffer
area permitted below.
a. In order to maintain the functional value of the buffer area,
indigenous vegetation may be removed only, subject to approval
by the zoning administrator who may require a plan of
development in accordance with section 5000, to provide for
reasonable sight lines, access paths, and general woodlot
management, and best management practices, including those that
prevent upland erosion and concentrated flows of stormwater, as
follows:
i.Trees may be pruned or removed as necessary to provide for
reasonable sight lines and vistas, provided that where removed,
they shall be replaced with other vegetation that is equally
effective in retarding runoff, preventing erosion, and filtering
nonpoint source pollution from runoff.
ii.Any path shall be constructed and surfaced so as to effectively
control erosion.
iii.Dead, diseased, or dying trees or shrubbery and noxious weeds
(such as Johnson grass, kudzu and multiflora rose) may be
removed and thinning of trees allowed as permitted by the
zoning administrator pursuant to sound horticultural practices.
iv.For shoreline erosion control projects, trees and woody
vegetation may be removed, necessary control techniques
employed, and appropriate vegetation established to protect or
stabilize the shoreline in accordance with the best available
•
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32
•
•
•
technical advice and applicable permit conditions or
requirements.
2. Permitted encroachments into the buffer area.
a. When the application of the buffer area would result in the loss of
a buildable area on a lot or parcel recorded prior to October 1,
1989, the board of supervisors may consider an exception in
accordance with section 5002 of this ordinance that permits an
encroachment into the buffer area in accordance with section 5000
and the following criteria:
i.Encroachments into the buffer area shall be the minimum
necessary to achieve a reasonable buildable area for a principal
structure and necessary utilities;
ii.Where practicable, a vegetated area that will maximize water
quality protection, mitigate the effects of the buffer
encroachment, and is equal to the area of encroachment into
the buffer area shall be established elsewhere on the lot or
parcel; and
iii.The encroachment may not extend into the seaward fifty (50)
feet of the buffer area.
b. When the application of the buffer area would result in the loss of
a buildable area on a lot or parcel recorded between October 1,
1989, and March 1, 2002, the board of supervisors may consider
an exception in accordance with Section 5002 of this ordinance
that permits an encroachment into the buffer area in accordance
with Section 5000 and the following criteria:
i.The lot or parcel was created as a result of a legal process
conducted in conformity with the local government's
subdivision regulations;
ii.Conditions or mitigation measures imposed through a
previously approved exception shall be met;
iii.If the use of a best management practice (BMP) was previously
required, the BMP shall be evaluated at the expense of the
owner to determine if it continues to function effectively and,
33
if necessary, the BMP shall be reestablished or repaired and
maintained as required; and
iv. The criteria in subsection 2.a. above for lots recorded prior to
October 1, 1989 shall be met.
3. Establishment of the required buffer.
a.Where a buffer has been reduced or does not exist, a landscaping
plan pursuant to subsection 5000(c) shall be submitted and
approved prior to issuance of any zoning or building permit. The
landscaping plan shall be implemented in full or surety provided to
the county pursuant to subsection 5000(02. prior to issuance of a
certificate of occupancy.
b.In determining and approving an appropriate buffer, the zoning
administrator shall take into consideration adequate space around
existing structures and other factors unique to the site.
c.In determining the need for establishing the required buffer, staff
may rely on the latest aerial photographs, actual site visits, and
other appropriate resources available.
d.This subsection shall not apply to the conversion from agricultural
or silvicultural uses, which shall be governed by subsection
4002(b)5.
4. On agricultural lands the agricultural buffer area shall be managed to
prevent concentrated flows of surface water from breaching the buffer
area and appropriate measures may be taken to prevent noxious weeds
from invading the buffer area Agricultural activities may encroach
into the buffer area as follows:
a. Agricultural activities may encroach into the landward fifty (50)
feet of the one hundred-foot wide buffer area when at least one (1)
agricultural best management practice, which, in the opinion of the
Peanut Soil and Water Conservation District, addresses the more
predominant water quality issue on the adjacent land — erosion
control or nutrient management — is being implemented on the
adjacent land, provided that the combination of the undisturbed
buffer area and the best management practice achieves water
quality protection, pollutant removal, and water resource
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•
•
•
•
•
•
conservation at least the equivalent of the one hundred-foot wide
buffer area. If nutrient management is identified as the
predominant water quality issue, a nutrient management plan,
including soil test, must be developed consistent with the
"Virginia Nutrient Management Training and Certification
Regulations (4 VAC 5-15 et seq. administered by the Virginia
Department of Conservation and Recreation.
b.Agricultural activities may encroach within the landward seventy-
five (75) feet of the one hundred-foot wide buffer area when
agricultural best management practices which address erosion
control, nutrient management, and pest chemical control, are being
implemented on the adjacent land. The erosion control practices
must prevent erosion from exceeding the soil loss tolerance level,
referred to as "T", as defined in the "National Soil Survey
Handbook" of November 1996 in the "Field Office Technical
Guide" of the U. S. Department of Agriculture Natural Resource
Conservation Service. A nutrient management plan, including soil
test, must be developed consistent with the "Virginia Nutrient
Management Training and Certification Regulations (4 VAC 5-15
et seq. administered by the Virginia Department of Conservation
and Recreation. In conjunction with the remaining buffer area, this
collection of best management practices shall be presumed to
achieve water quality protection at least the equivalent of that
provided by the one hundred-foot wide buffer area.
c.The buffer area is not required to be designated adjacent to
agricultural drainage ditches if the adjacent agricultural land has in
place at least one (1) best management practice as considered by
the Peanut Soil and Water Conservation District to address the
more predominant water quality issue on the adjacent land —
either erosion control or nutrient management.
d.If specific problems are identified pertaining to agricultural
activities which are causing pollution of the nearby water body
with perennial flow or violate performance standards pertaining to
the vegetated buffer area, the zoning administrator, in cooperation
with soil and water conservation district, shall recommend a
35
compliance schedule to the landowner and require the problems to
be corrected consistent with that schedule. This schedule shall
expedite environmental protection while taking into account the
seasons and other temporal conditions so that the probability for
successfully implementing the corrective measures is greatest.
e. In cases where the landowner or his agent or operator has refused
assistance from the soils and water conservation district in
complying with or documenting compliance with the agricultural
requirements of this ordinance, the district shall report the
noncompliance to the zoning administrator. The zoning
administrator shall require the landowner to correct the problems
within a specified period of time not to exceed eighteen (18)
months from the initial notification of the deficiencies to the
landowner. The zoning administrator, in cooperation with the
district, shall recommend a compliance schedule to the landowner
and require the problems to be corrected consistent with that
schedule. This schedule shall expedite environmental protection
while taking into account the seasons and other temporal
conditions so that the probability for successfully implementing
the corrective measures is greatest.
3.When agricultural or silvicultural uses within the buffer area cease,
and the lands are proposed to be converted to other uses, the full one
hundred-foot wide buffer area shall be reestablished. In reestablishing
the buffer, management measures shall be undertaken to provide
woody vegetation that assures the buffer functions are maintained or
established.
4.Prior to any land disturbing activities or any development of a lot or
parcel, a permanent sign shall be installed by the owner or developer
identifying the landward limits of the RPA. Such signs shall conform
to general guidelines established by the zoning administrator and
approved by the board of supervisors as to size, design, color,
material, location and content and shall be installed and maintained at
the expense of the owner or developer in accordance with those
guidelines. Signs may be obtained from the county, at cost, or may be
provided by the developer. (8-21-06.)
•
36
•
•
Sec. 4003. - Water quality impact assessment.
a. Purpose and intent. The purpose of the water quality impact
assessment is to: i) identify the impacts of proposed land disturbance,
development or redevelopment on water quality and lands in RPAs and
other environmentally sensitive lands; ii) ensure that, where land
disturbance, development or redevelopment does take place within RPAs
and other sensitive lands, it will occur on those portions of a site and in a
manner that will be least disruptive to the natural functions of RPAs and
other sensitive lands; iii) protect individuals from investing funds for
improvements proposed for location on lands unsuited for such
development because of high groundwater, erosion, or vulnerability to
flood and storm damage; iv) provide for administrative relief from terms
of this ordinance when warranted and in accordance with the
requirements contained herein; and v) specify mitigation which will
address water quality protection.
b. Applicability. A water quality impact assessment shall be required for
any development or rezoning in the Chesapeake Bay Preservation Area
which:
i.Will disturb any portion of the one-hundred-foot buffer area of an
RPA, or any component identified in subsection 3000(b)1.;
ii.Contains ten (10) acres or more for any use, other than development
of single-family detached residential lots;
iii.Contains twenty-five (25) acres or more for the development of
single-family detached residential lots; or
iv.Any other development that may warrant such assessment due to
unique characteristics of the site or intensity of the proposed use or
development, as may be required by the zoning administrator.
c. Contents of the impact assessment. The information required below
shall be considered a minimum, unless the zoning administrator
determines that some of the elements are unnecessary due to the scope
and nature of the proposed use and development of land:
1. A site plan, which shall at minimum, contain the following: •
37
• a.Location of the components of the resource protection area,
including the one-hundred-foot buffer area delineated in
accordance with section 3001;
b.Location and nature of the proposed encroachment into the buffer
area, including type of paving material; areas of clearing or
grading; location of any structures, drives, or other impervious
cover; and sewage disposal systems or reserve drainfield sites;
c.Type and location of proposed best management practices to
mitigate the proposed encroachment;
d.Location of existing vegetation on site, including the number and
type of trees and other vegetation to be removed in the buffer to
accommodate the encroachment or modification;
e.Re-vegetation plan that supplements the existing buffer vegetation
in a manner that provides for pollutant removal, erosion and runoff
control.
2. A hydrogeological element that:
a.Describes the existing topography, soils, and hydrology of the site
and adjacent lands.
b.Describes the impacts of the proposed development on
topography, soils, hydrology, and geology on the site and adjacent
lands.
c.Indicates the following:
i.Disturbance or removal of wetlands and justification for such
action;
ii.Disruptions or reductions in the supply of water to wetland,
streams, lakes, rivers, or other water bodies;
iii.Disruptions to existing hydrology including wetland and
stream circulation patterns;
iv.Source location of description of proposed fill material;
v.Location of dredging and location of dumping area for such
dredged material;
•
38
•
•
•
vi.Estimation of pre- and post-development pollutant loads in
runoff;
vii.Estimation of percent increase in impervious surface on site,
type(s) of surfacing material used; ,
viii.Percent of site to be cleared for project;
ix.Anticipated duration and phasing schedule of construction
project;
x.Listing of all requisite permits from all applicable agencies
necessary to develop project.
d. Describes the proposed mitigation measures for the potential
hydrogeological impacts. Potential mitigative measures include:
i.Additional proposed erosion and sediment control concepts
beyond those normally required under subsection 4000(b)5. of
this ordinance; these additional concepts may include the
following: minimizing the extent of cleared area; perimeter
controls; reduction of runoff velocities; measures to stabilize
disturbed areas; schedule and personnel for site inspection.
ii.When required, proposed stormwater management system for
nonpoint source quality and quantity control in compliance
with Chapter 14A of Isle of Wight County's Stormwater
Management Ordinance. (4-16-15)
3. A vegetative element that:
a.Identifies and delineates the location of all woody plant material
on site, including all trees on site eight (8) inches or greater
diameter at breast height or, where there are groups of trees, said
stands may be outlined.
b.Describes the impacts the development or use will have on the
existing vegetation. Information should include:
i.General limits of clearing, based on all anticipated
improvements, including buildings, drives, and utilities;
ii.Clear delineation of all trees and other woody vegetation which
will be removed;
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• iii. Description of all plant species to be disturbed or removed.
c. Describes the proposed measures for mitigation. Possible
mitigation measures include:
i.Proposed design plan and replanting schedule for trees and
other woody vegetation removed for construction, including a
list of proposed plants and trees to be used;
ii.Demonstration that the re-vegetation plan supplements the
existing buffer vegetation in a manner that provides for
pollutant removal, erosion and runoff control;
iii.Demonstration that the design of the plan will preserve to the
greatest extent possible any significant trees and vegetation on
the site and will provide maximum erosion control and
overload flow benefits from such vegetation;
iv.Demonstration that indigenous plants are to be used to greatest
extent possible.
4. In the case of a WQIA for shoreline and bank stabilization projects,
the following items shall be required:
a. Completion of the shoreline erosion control water quality impact
assessment form, as provided by the zoning administrator and kept
on file with the department of planning and zoning;
b. An environmental assessment as follows:
i.The environmental site assessment shall be drawn to scale and
clearly delineate the environmental components identified in
subsection 3000(b) of this ordinance;
ii.Wetlands delineations shall be performed consistent with the
procedures specified in the "Federal Manual for Identifying
and Delineating Jurisdictional Wetlands, 1987," and updates as
they become available;
iii.The environmental assessment shall delineate the geographic
extent of the resource protection area on the specific site or
parcel as required under section 3001 of this ordinance;
•
•
40
•
•
•
iv. The environmental assessment shall be drawn at the same scale
as the preliminary site plan or subdivision plat;
c.A landscaping plan in accordance with subsection 5000(c), except
that the plans may be submitted by any qualified professional,
including shoreline contractors and nursery professionals;
d.A stormwater management plan in accordance with Chapter 14A
of the Isle of Wight County Code, as required by state code
Section 62.1-44.15:55; (4-16-15)
e.An erosion and sediment control plan in accordance with Chapter
6 of the Isle of Wight County Code; (4-16-15)
f.Project construction plans shall be certified as complete and
accurate by a professional shoreline engineer or other qualified
professional, as determined by the zoning administrator, as well as
a determination as to the necessity of the project.
5. For phased projects, an updated WQIA shall be provided for each
phase to the county planning and zoning department demonstrating
the project's compliance with the criteria of the original WQIA. An
updated WQIA shall be required until all phases of the project are
complete.
d. Submission, review requirements, and evaluation procedure.
1.Ten (10) copies of all site drawings and other applicable information
as required by subsection c. above shall be submitted to the zoning
administrator for review. (4-16-15)
2.All information required in this section shall be certified as complete
and accurate by a professional engineer or certified land surveyor
qualified to prepare such information.
3.Upon receipt of a water quality impact assessment, the zoning
administrator will determine if review by DEQ or any other state
agency is warranted. The zoning administrator will incorporate any
comments received from such a review into the final report, provided
that such comments are received within ninety (90) days of the
request. (4-16-15)
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4. Upon receipt of a completed water quality impact assessment and
receipt of all appropriate comments, the zoning administrator shall
forward the information to the planning commission for consideration.
For shoreline and bank stabilization projects and piers consistent with
the provisions of this ordinance, the zoning administrator may grant
administrative approval of the water quality impact assessment.
5. The planning commission will determine whether or not the proposed
development is consistent with the spirit and intent of this ordinance
and make a recommendation to the board of supervisors based upon
the following criteria:
a.Within any RPA, the proposed development is water-dependent or
redevelopment;
b.The percentage of existing wetlands disturbed by the development.
The number of square feet or acres to be disturbed;
c.The development will not result in significant disruption of the
hydrology of the site;
d.The development will not result in unnecessary destruction of
plant materials on site;
e.Proposed erosion and sediment control concepts are adequate to
achieve the reductions in runoff and prevent off-site
sedimentation;
f.Proposed stormwater management concepts are adequate to
control the stormwater runoff for compliance with Chapter 14A of
the Isle of Wight County Code; (4-16-15)
g.Proposed re-vegetation of disturbed areas will provide optimum
erosion and sediment control benefits, as well as runoff control
and pollutant removal equivalent of the full one-hundred-foot
undisturbed buffer area;
h.The design and location of any proposed drain field will be in
accordance with the requirements of section 4000.
6. The planning commission shall recommend additional mitigation
where potential impacts have not been adequately addressed, subject
to final approval or modification by the board of supervisors.
•
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•
•
Evaluation of mitigation measures will be made by the planning
commission based on the criteria listed above and in subsection 5.
7. The planning commission shall find the proposal to be inconsistent
with the purpose and intent of this ordinance when the impacts created
by the proposal cannot be mitigated, subject to final approval by the
board of supervisors. Evaluation of the impacts will be made by the
planning commission based on the criteria listed in subsection 5. (8-
21-06; Ord. No. 2012-12-C, 10-18-12.)
Article 5. - Administrative Procedures and Enforcement.
Sec. 5000. - Plan of development process.
Any development, or any redevelopment exceeding two thousand five
hundred (2,500) square feet of land disturbance shall be accomplished
through a plan of development process prior to any development preparation
activities onsite, such as clearing or grading of the site and the issuance of
any building permit, to assure compliance of all applicable requirements of
this ordinance. Modifications to the required buffer may require a plan of
development, as determined by the zoning administrator.
(a) Required Information. In addition to the requirements of County
Zoning Ordinance or the requirements of the County Subdivision
Ordinance, the plan of development process shall consist of the plans and
studies identified below. These required plans and studies may be
coordinated or combined, as deemed appropriate by the zoning
administrator. The zoning administrator may determine that some of the
following information is unnecessary due to the scope and nature of the
proposed development.
The following plans or studies shall be submitted, unless otherwise provided
for:
1.A plot plan or site plan in accordance with the provisions of County
Zoning Ordinance or subdivision plat in accordance with the
provisions of the County Subdivision Ordinance;
2.An environmental site assessment.
3.A landscaping plan;
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4.A stormwater management plan in accordance with Chapter 14A of
the County Code;(4-16-15)
5.An erosion and sediment control plan in accordance with the
provisions of Chapter 6 of the County Code.
(b) Environmental site assessment. An environmental site assessment
shall be submitted in conjunction with preliminary site plan or
preliminary subdivision plan approval.
1.The environmental site assessment shall be drawn to scale and clearly
delineate the environmental components identified in subsection
3000(b) of this ordinance.
2.Wetlands delineations shall be performed consistent with the
procedures specified in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, 1987, as may be amended.
3.The environmental site assessment shall delineate the geographic
extent of the Resource Protection Area on the specific site or parcel as
required under section 3001 of this ordinance;
4.The environmental site assessment shall be drawn at the same scale as
the preliminary site plan or subdivision plat, and shall be certified as
complete and accurate by a professional engineer or a certified land
surveyor. This requirement may be waived by the zoning
administrator when the proposed use or development will be clearly
located outside of an RPA, based upon an evaluation of the zoning
administrator.
(c) Landscape plan. A landscape plan shall be submitted in conjunction
with site plan review and approval or as part of subdivision plat approval.
No clearing or grading of any lot or parcel will be permitted without an
approved landscape plan.
Landscape plans shall be prepared and/or certified by a design professional
practicing within their areas of competence as prescribed by the Code of
Virginia.
1. Contents of the plan.
a. The landscape plan shall be drawn to scale and clearly delineate
the location, size, and description of existing and proposed plant
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•
•
S
•
•
material. All existing trees on the site eight (8) inches or greater
diameter at breast height (DBH) shall be shown on the landscaping
plan, or where there are groups of trees, said stands may be
outlined instead. The specific number of trees eight (8) inches or
greater DBH to be preserved outside of the building envelope shall
be indicated on the plan. Trees and other woody vegetation
proposed to be removed to create the desired construction
footprint shall be clearly delineated on the landscaping plan.
b.Any required RPA buffer area shall be clearly delineated and any
plant material to be added to establish or supplement the buffer
area, as required by this ordinance, shall be shown on the
landscaping plan.
c.Within the buffer area, trees and other woody vegetation to be
removed for reasonable sight lines, vistas, access paths, and best
management practices, as provided for in subsection 4002(b)l.a.,
shall be shown on the plan. Vegetation required by this ordinance
to replace any existing trees within the buffer area shall be also be
depicted on the landscape plan.
d.Trees and other woody vegetation to be removed for shoreline
stabilization projects and any replacement vegetation required by
this ordinance shall be shown on the landscape plan.
e.The plan shall depict grade changes or other work adjacent to trees
that would affect them adversely. Specifications shall be provided
as to how grade, drainage, and aeration would be maintained
around trees to be preserved.
f.The landscape plan will include specifications for the protection of
existing trees and other vegetation during clearing, grading, and all
phases of construction.
g.If the proposed development is a change in use from agricultural
or silvilcultural to some other use, the plan must demonstrate the
re-establishment of vegetation in the buffer area.
2. Plant specifications. •
45
• a.All plant materials necessary to supplement the buffer area or
vegetated areas outside the construction footprint shall be installed
according to standard planting practices and procedures.
b.All supplementary or replacement plant materials shall be living
and in a healthy condition. Plant materials shall conform to the
standards of the most recent edition of the American Standard for
Nursery Stock, published by the American Association of
Nurserymen.
c.Where areas to be preserved, as designated on an approved
landscaping plan, are encroached, replacement of existing trees
and other vegetation shall be achieved with a ratio of three (3)
planted trees to each tree removed in accordance with good
woodlot management. Replacement trees shall be two (2) inches
DBH at the time of planting.
d.Use of native or indigenous species is strongly encouraged.
3. Maintenance.
a.The applicant shall be responsible for the maintenance and
replacement of all vegetation as may be required by the provisions
of this ordinance.
b.In buffer areas and areas outside the construction footprint, plant
material shall be tended and maintained in a healthy growing
condition and free from refuse and debris. Unhealthy, dying, or
dead plant materials shall be replaced during the next planting
season, as required by the provisions of this ordinance.
(d) Stormwater management plan. A stormwater management plan shall
be submitted as part of the plan of development process required by this
ordinance and in conjunction with site plan or subdivision plan approval
in accordance with the provisions of Chapter 14A of the County Code.(4-
16-15)
1. For phased projects, an updated stormwater management plan shall be
provided for each phase to the county planning and zoning department
demonstrating the project's stormwater management facilities are still
meeting the pollutant removal standards of the original WQIA.
•
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46
•
•
•
Updated stormwater management plans shall be required until all
phases of the project are complete. (4-16-15)
(e)Erosion and sediment control plan. An erosion and sediment control
plan shall be submitted that satisfies the requirements of this ordinance
and in accordance with Chapter 6 of the County Code, in conjunction
with plot plan, site plan or subdivision plan approval.
(f) Final plan. Final plans for property within CBPAs shall be final plats
for land to be subdivided or site plans for land not to be subdivided as
required in the County Zoning Ordinance.
1. Final plans for all lands within CBPAs shall include the following
additional information:
a.The delineation of the Resource Protection Area boundary,
including the one hundred-foot buffer component;
b.Plat or plan note stating that no land disturbance is allowed in the
buffer area without review and approval by the zoning
administrator;
c.All wetlands permits required by law;
d.A maintenance agreement as deemed necessary and appropriate by
the zoning administrator and/or the Stormwater Division to ensure
proper maintenance of best management practices in order to
continue their functions. (4-16-15)
2. Installation and bonding requirements.
a.Where buffer areas, landscaping, stormwater management
facilities or other specifications of an approved plan are required,
no certificate of occupancy shall be issued until the installation of
required plant material or facilities is completed in accordance
with the approved site plan.
b.When the occupancy of a structure is desired prior to the
completion of the required landscaping, stormwater management
facilities, or other specifications of an approved plan, a certificate
of occupancy may be issued only if the applicant provides to the
county a form of surety satisfactory to the county attorney in an
amount equal to the remaining plant materials, related materials, or
47
• installation costs of the required landscaping or facilities and/or
maintenance costs for any required stormwater management
facilities as determined by the zoning administrator.
c.All required landscaping shall be installed and approved by the
first planting season following issuance of a certificate of
occupancy or the surety may be forfeited to the county.
d.After all required actions of the approved site plan have been
completed, the applicant must submit a written request for final
inspection. If the requirements of the approved plan have been
completed to the satisfaction of the zoning administrator, such
unexpended or unobligated portion of the surety held shall be
refunded to the applicant or terminated within sixty (60) days
following receipt of the applicant's request for final inspection.
The zoning administrator may require a certificate of substantial
completion from a professional engineer or Class III B Surveyor
before making a final inspection.
(g)Administrative responsibility. Administration of the plan of
development process shall be in accordance with the County Zoning
Ordinance or the County Subdivision Ordinance. The zoning
administrator shall approve, approve subject to conditions, or disapprove
the plans in accordance with the reviewing authorities' recommendations.
The zoning administrator shall return notification of plan review results to
the applicant, including recommended conditions or modifications. In the
event that the results and/or recommended conditions or modifications are
acceptable to the applicant, the plan shall be so modified, if required, and
approved.
(h)Denial of plan, appeal of conditions or modifications. In the event the
final plan or any component of the plan of development process is
disapproved or recommended conditions or modifications are
unacceptable to the applicant, the applicant may appeal such
administrative decision to the planning commission within sixty (60) days
of the administrative decision to be appealed. The planning commission
shall make a recommendation to the board of supervisors. The final
decision on an appeal shall be made by the board of supervisors.
•
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•
•
•
In preparing to recommend to grant or deny an appeal, the planning
commission must find such plan to be in accordance with all applicable
ordinances and include necessary elements to mitigate any detrimental impact
on water quality and upon adjacent property and the surrounding area, or
such plan meets the purpose and intent of the performance standards in this
ordinance. If the planning commission finds that the applicant's plan does not
meet the above stated criteria, they shall recommend denial of the plan. (8-
21 -06.)
Sec. 5001. - Nonconforming uses and nonconforming structures.
a. The lawful use of a building or structure which existed on October 1,
1989 or which lawfully exists at the time of any amendment to the
performance standards and criteria of this ordinance and which became
not in compliance, may continue subject to the provisions of the county
zoning ordinance and the provisions below:
No change or expansion of use shall be allowed with the exception that:
1. The zoning administrator may grant a nonconforming use and/or
waiver for structures on legal nonconforming lots or parcels to
provide for remodeling and alterations to such nonconforming
structures provided that:
a.There will be no increase in nonpoint source pollution load;
b.Any development or land disturbance exceeding an area of two
thousand five hundred (2,500) square feet complies with all
erosion and sediment control requirements in accordance with the
provisions of Chapter 6 of the County Code and stormwater
management requirements in accordance with Chapter 14A of the
County Code; (4-16-15)
c.In the case of a structure that has become nonconforming due to
encroachment into the RPA, the structure may be moved out of the
RPA to reduce the amount of nonconformity, and a water quality
impact assessment shall not be required.
2. An application for a nonconforming use and/or waiver shall be made
to and upon forms furnished by the zoning administrator and shall
include for the purpose of proper enforcement of this ordinance, the
following information:
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• a.Name and address of applicant and property owner;
b.Legal description of the property and type of proposed use and
development;
c.A sketch of the dimensions of the lot or parcel, location of
buildings and proposed additions relative to the lot lines, and
boundary of the resource protection area;
d.Location and description of any existing private water supply or
sewage system.
3.A nonconforming use and development waiver shall become null and
void twenty-four (24) months from the date issued if no substantial
work has commenced.
4.An application for the expansion of a nonconforming structure may be
approved by the zoning administrator through an administrative
review process provided that the following findings are made:
a.The request for the waiver is the minimum necessary to afford
relief;
b.Granting the waiver will not confer upon the applicant any specific
privileges that are denied by this ordinance to other property
owners in similar situations;
c.The waiver is in harmony with the purpose and intent of this
ordinance and does not result in water quality degradation;
d.The waiver is not based on conditions or circumstances that are
self-created or self-imposed;
e.Reasonable and appropriate conditions are imposed, as warranted,
that will prevent the waiver from causing a degradation of water
quality;
f.Other findings, as appropriate and required by the county are met;
and
g.In no case shall this provision apply to accessory structures. (8-21-
06; Ord. No. 2012-12-C, 10-18-12.)
Sec. 5002. - Exceptions.
•
•
50
•
•
(a)A request for an exception to the requirements of Sections 4000 and 4002
of this ordinance or any other exception requested from the provisions of
this ordinance shall be made in writing to the planning commission, who
shall make a recommendation to the board of supervisors. It shall identify
the impacts of the proposed exception on water quality and on lands
within the Resource Protection Area through the preparation of a water
quality impact assessment, which complies with the provisions of section
4003, and accompanied with a processing fee as shall be set forth in the
Isle of Wight County Uniform Fee Schedule, as adopted by the board of
supervisors, as it may be amended.
(b)The planning commission and board of supervisors shall notify the
affected public of any such exception requests and shall consider these
requests in a public hearing in accordance with § 15.2-2204 of the Code
of Virginia.
(c)The planning commission shall review the request for an exception and
the water quality impact assessment and may recommend the exception
with such conditions and safeguards as deemed necessary to further the
purpose and intent of this ordinance. In rendering its decision, the
planning commission shall not recommend in favor of the applicant
unless it finds:
1.That the strict application of the ordinance would produce an undue
hardship and will not confer upon the applicant any special privileges
denied by this ordinance to other property owners in the CBPA areas;
2.The exception request is not based on conditions or circumstances that
are self- created or self-imposed, nor does the request arise from
conditions or circumstances either permitted or non-conforming that
are related to adjacent parcels;
3.The exception request is the minimum necessary to afford relief;
4.The exception request will be in harmony with the purpose and intent
of this ordinance, not injurious to the neighborhood or otherwise
detrimental to the public welfare, and is not of substantial detriment to
water quality; and •
51
• 5. Reasonable and appropriate conditions are imposed which will
prevent the exception request from causing a degradation of water
quality.
(d)If, after applying the criteria set forth above, the board of supervisors
refuses to grant the exception, the zoning administrator shall return the
request for an exception together with the water quality impact
assessment and the written findings and rationale for the decision to the
applicant.
(e)Any person or persons jointly or severally aggrieved by a decision of the
board of supervisors may present to the circuit court of the County of Isle
of Wight a petition specifying the grounds on which aggrieved within
thirty (30) days after the final decision of the board of supervisors. Costs
shall not be allowed against the board of supervisors, unless it shall
appear to the court that it acted in bad faith or with malice in making the
decision appealed therefrom. (8-21-06; 5-1-14.)
Sec. 5003. - Enforcement, violation and penalties.
(a) The primary responsibility for administering and enforcing this ordinance
shall be assigned to the zoning administrator or a duly authorized
designee. The zoning administrator or his duly authorized designee,
planning commission members and board of supervisors' members
including other persons designated by the board of supervisors, shall have
authority to conduct inspections and surveys upon the property affected
by this ordinance to determine compliance with this ordinance. The
zoning administrator shall seek criminal or civil enforcement for any
provision of this ordinance and take any action on behalf of the county to
prevent or abate any violation or potential violation of this ordinance. The
zoning administrator, upon written request of an interested person whose
property may be affected, shall render an opinion as to the applicability of
this ordinance to particular uses in its application to the factual
circumstances presented. The zoning administrator shall design and
distribute applications and forms required for this ordinance and request
information that is pertinent to the request of the approval and shall
perform such other duties as are necessary for the proper enforcement and
administration of this ordinance.
•
•
52
•
(b) In addition to any other remedies in subsection (a) of this section, the
following penalties are incorporated in this ordinance as follows:
1.Any person who: (i) violates any provision of the ordinance or (ii)
violates or fails, neglects, or refuses to obey any board of supervisors'
or the zoning administrator's final notice, order, rule, regulation, or
variance or permit condition authorized under this ordinance shall,
upon such finding by an appropriate circuit court, be assessed a
penalty not to exceed five thousand dollars ($5,000.00) for each day
of violation.
2.With the consent of any person who: (i) violates any provision of this
ordinance or (ii) violates or fails, neglects, or refuses to obey any
board of supervisors' or zoning administrator's, notice, order, rule,
regulation, or variance or permit condition authorized under this
ordinance, the board of supervisors' may provide for the issuance of
an order against such person for the one (1) time payment of civil
charges for each violation in specific sums, not to exceed ten thousand
dollars ($10,000.00) for each violation. Such civil charges shall be
paid into the treasury of Isle of Wight County for the purpose of
abating environmental damage to or restoring Chesapeake Bay
Preservation Areas in the county except that where the violator is the
county or its agent, the civil charges shall be paid into the state
treasury. The civil charges shall be in lieu of any appropriate civil
penalty imposed under subdivision 1. of this subsection. Civil charges
may be in addition to the cost of any restoration required or ordered
by the board of supervisors or zoning administrator. (8-21-06.)
Article 6. - Septic Pump-Out Program.
Sec. 6000. - Purpose and findings.
The purpose of the septic pump-out program is to protect public health,
safety, and welfare through ensuring the proper functioning of on-site sewage
disposal systems. The septic pump-out program also is intended to protect
water quality within the Chesapeake Bay watershed, and is required to meet
state and local Chesapeake Bay Preservation Area regulations.
Findings made by Isle of Wight County include the following:
53
• 1.Individual and group on-site sewage treatment systems continue to be
heavily relied upon throughout most parts of the county, including
properties located within the Chesapeake Bay Watershed.
2.Septic systems require proper management and maintenance in order
to continue working as intended. Solids will accumulate over time and
require pumping out.
3.Septic systems that are improperly installed or maintained are subject
to clogging and/or overflow. A malfunctioning system may cause
contaminants to rise to the surface, pollute ground or surface water,
create foul odors, and otherwise threaten public health, safety, and
welfare.
4.Most experts recommend that on-site sewage treatment systems be
inspected and pumped out as necessary every three (3) to five (5)
years, according to the U.S. Environmental Protection Agency.
5.Septic systems that are properly maintained are less likely to cause
pollution. Routine maintenance can help avoid the costs of emergency
replacement and/or major repairs caused by neglect. (5-15-08.)
Sec. 6001. - Authority.
This program is authorized by the Commonwealth of Virginia, pursuant
to 9VAC25-830-130 and Section 4000(B)(7) of the Isle of Wight County
Chesapeake Bay Preservation Area Ordinance. (5-15-08, 4-16-15)
Sec. 6002. - Severability.
If any section, paragraph, subdivision, clause, phrase, or provision of this
article shall be held as invalid or unconstitutional, such a ruling shall not
affect the validity of the remainder of this article. (5-15-08.)
Sec. 6003. - Effective date.
This program shall go into effect on August 1, 2008. (5-15-08.)
Sec. 6004. - Applicability.
The purpose of the septic pump-out program is to encourage proper
maintenance and increase the functional life of on-site septic systems through
regular pump-outs at least once every five (5) years. The program applies to
those properties located in the Chesapeake Bay watershed in Isle of Wight
County, Virginia that are served by private, on-site sewage treatment and
•
•
54
• disposal systems. Please see special language located elsewhere in this
document regarding septic systems equipped with septic tank effluent filters.
A.No property owner located within the Chesapeake Bay watershed of
Isle of Wight County, Virginia shall operate an on-site sewage
treatment system unless such construction, installation, alteration,
maintenance or operation is in compliance with all applicable sanitary
regulations and this program.
B.Septic tank pump-outs as prescribed in this article shall take place at
least once every five (5) years, other than as noted in Item C.
Furthermore, in lieu of requiring proof of septic tank pump-out every
five (5) years, owners may submit documentation every five (5) years,
certified by an operator or on-site soil evaluator licensed or certified
under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being
qualified to operate, maintain or design on-site sewage systems, that
the septic system has been inspected, is functioning properly, and the
tank does not need to have the effluent pumped out of it. (4-16-15)
•
C. If deemed appropriate by the local health department and subject to
conditions the local health department may set, as an alternative to the
mandatory pump-out, owners have the option of having a plastic filter
installed and maintained in the outflow pipe from the septic tank to
filter solid material from the effluent while sustaining adequate flow
to the drainfield to permit normal use of the septic system. (5-15-08;
3-20-14.)
Sec. 6005. - Exemptions.
Situations exempt from the septic pump-out requirement include any
inactive or abandoned on-site septic system.
To qualify for exemption, property owners must provide the county with
appropriate, written verification. This could include a statement or other
evidence acceptable to the county. The statement or evidence must show the
old septic system has been pumped out and destroyed, either with the tank
being crushed in and backfilled in place or the tank filled with clean sand.
There is no permit required to abandon a septic tank system. (5-15-08.)
Sec. 6006. - Definitions. •
55
• AOSE: \ An abbreviation for "authorized on-site soil evaluator", an
individual certified by the Virginia Department of Health. An AOSE is
someone who has demonstrated knowledge, skills, and abilities in the
practice of siting and designing on-site septic systems. An AOSE may be
from the private sector or be employed by the Virginia Department of Health.
Authorized inspector:\ This may include a licensed professional engineer,
an authorized on-site soil evaluator, or a person hired or contracted by the
county or state to inspect on-site septic systems.
Chesapeake Bay Preservation Area (CBPA): \ Any land designated by the
board of supervisors pursuant to Part III of the Chesapeake Bay Preservation
Area Designation and Management Regulations, 9VAC25-830-10 et seq.,
and Section 62.1-44.15:72 of the Code of Virginia (1950, as amended). The
Chesapeake Bay Watershed covers half of Isle of Wight County, Virginia and
generally includes all parcels to the east of Route 258. A map that precisely
shows the extent of the watershed is available in the department of planning
and zoning. (4-16-15)
County: Isle of Wight County, Virginia.
Malfunctioning system: Any septic system that is overflowing, clogged,
or otherwise creating a threat to the public health, safety and general welfare,
as regulated by the Virginia Department of Health. Includes any on-site
system that is not performing as specified, as determined by an authorized
inspector.
Septic effluent filter:\ A plastic device installed on the outflow pipe from
the septic tank. The device filters solid material from the effluent while
sustaining adequate flow to the drainfield. The outflow filter must meet
standards set by the Sewage Handling and Disposal Regulations (12 VAC 5-
610-10 et seq.) administered by the Virginia Department of Health.
Septic system:\ Any private on-site sewage treatment and disposal system
not requiring a VPDES permit.
Septic system, active:\ Any on-site septic system contained within the
Chesapeake Bay Watershed that is currently in use for any affected property.
Septic system, inactive:\ Any on-site septic system that has been
abandoned or is no longer in service. The functional status of any given
•
56
• system must be documented by the Virginia Department of Health or any
licensed sewage handler.
Sewage handler:\ Any person, contractor or corporation allowed to
operate under a permit issued by the Virginia Department of Health to pump
out sewage treatment systems.
Violator:\ Any person who:
(1)Violates any provision of this program; or
(2)Violates or fails, neglects, or refuses to obey any board of supervisors'
or the zoning administrator's final notice, order, rule, regulation, or
variance or permit condition authorized under this program.
Zoning administrator:\ The person, or authorized designee, responsible
for administering and enforcing the septic pump-out program. (5-15-08.)
Sec. 6007. - Administration.
A. General procedures: Septic systems located within the Chesapeake
Bay watershed must be pumped out at least once every five (5) years,
•except as noted under Item F. for systems equipped with a septic tank
effluent filter. Property owners are responsible for the costs of pump-outs.
The zoning administrator is responsible for the general administration and
enforcement of the septic pump-out program.
To support the septic pump-out program, the county will create and
maintain a database to document all affected septic systems and to serve as a
tracking mechanism. The database will be organized according to Tax Parcel
ID number. The database will contain the following information: name of
property owner, mailing address, physical address, and last date of septic
system pump-out.
Affected property owners will be required to register their septic systems
with the department of planning and zoning. This includes both existing and
new septic systems. The county will notify property owners and provide the
forms that need to be filled out to comply with the septic pump-out program.
The department of planning and zoning will administer the program
through a combination of public education, mailings, and information posted
•on the Isle of Wight County Internet web site. Activities to be undertaken by
the county will include the following:
57
• •Notification to affected property owners.
•Mailings of the program verification and compliance forms (once every
five (5) years).
•Other homeowner education and outreach as deemed appropriate.
B.Program phase-in: The septic pump-out program will be phased in
over a period of five (5) years. The phasing in will be done by election
district, with one (1) election district added per year. The county's five (5)
election districts include the Carrsville, Hardy, Newport, Smithfield, and
Windsor districts.
The phase-in will start with the Smithfield Election District and then
continue by alphabetical order to the Windsor Election District, Carrsville
Election District, Hardy Election District, and the Newport Election District.
The program starts first with the Smithfield Election District to coordinate
with the Town of Smithfield, which also is implementing a septic pump-out
program. The Smithfield Election District includes the Town of Smithfield
and parts of the county outside of town limits.
C.Right of entry: The zoning administrator, or authorized designee, shall
have the right to enter property where an individual or group septic
system is located for the purpose of observation, inspection, monitoring
and/or sampling the septic system, its drainfield and the surrounding land
area.
D.Role of property owner with septic system: Property owners with
septic systems located within the Chesapeake Bay watershed must
participate in the septic pump-out program This includes filling out,
signing and submitting forms as required by the county.
Property owners are in compliance with the septic pump-out program
when:
1)They have filled out, signed and submitted the septic system
verification forms as required by the county; and
2)They have had septic system pump-outs as required by the county.
This program will be carried out in stages, by election district, with the
affected property owners notified each year by the county. In any given year,
•
•
58
those property owners who have been notified by the county will have
twenty-four (24) months from the date of notification to have pump-outs
completed or to demonstrate why they are exempt from the program.
Property owners who fail to provide information to the county when
requested may be subject to civil penalties and/or court-ordered fines.
E.Complaints and appeals: Written complaints about the septic pump-
out program should first be directed to the zoning administrator, who can
investigate and determine whether a complaint is valid. Any person or
persons who continue to feel aggrieved by this program, or any decisions
made by the zoning administrator, may appeal those decisions, in writing,
to the board of supervisors. Appeals to the board of supervisors must be
made within thirty (30) days of the date of the written decision by the
zoning administrator, or such decision shall be final.
Any decision by the board of supervisors regarding the septic pump-out
program may be appealed by petitioning the Circuit Court of Isle of Wight
County within thirty (30) days after the final decision of the board of
supervisors, or such decision shall be final.
F.Septic tank effluent filters: The septic pump-out program allows the
installation of septic tank effluent filters on all new on-site septic systems
and as a retrofit on all existing septic systems, where appropriate. The
Virginia Department of Health has advised that some types of septic
treatment systems do not have septic tanks and are not designed to
include septic effluent filters (some aerobic sewage treatment units, for
example, are not appropriate for installation of these effluent filters).
Under the septic pump-out program, if deemed appropriate by the local
health department and subject to conditions the local health department may
set, owners have the option, in lieu of pump-out, to install and maintain a
plastic filter in the outflow pipe from the septic tank to filter solid material
from the effluent while sustaining adequate flow to the drainfield to permit
normal use of the septic system. Please be aware of manufacturer
specifications for effluent filters and any maintenance requirements
associated with these filters.
59
• The county strongly recommends that septic tank effluent filters be
installed by septic tank contractors and in accordance with standards set by
the Virginia Department of Health. (5-15-08; 3-20-14.)
Sec. 6008. - Enforcement, violations and penalties.
A.Enforcement. The zoning administrator, or authorized designee, holds
the primary responsibility for administering the septic pump-out program.
The zoning administrator shall seek criminal or civil enforcement for any
provision of this program and take any action on behalf of the county to
prevent or abate any violation or potential violation of this program.
The zoning administrator, upon written request of an interested person
whose property may be affected, shall render a decision, based on the facts
presented, as to the applicability of this ordinance to particular situations that
may arise under the septic pump-out program. See subsection 6007.E.
regarding complaints and appeals.
B.Penalties. Violators shall, upon finding by an appropriate circuit
court, be assessed a penalty up to five thousand dollars ($5,000.00) for
each day of violation.
As an alternative to a court-ordered penalty, violators may be offered the
option of a onetime payment of civil charges for each violation in specific
sums, not to exceed ten thousand dollars ($10,000.00) for each violation, as
determined by the Isle of Wight County Board of Supervisors. (5-15-08.)
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Under the County Administrator's report, a request from the Electoral Board
for adjustments to certain boundary lines was presented.
Supervisor Darden moved to authorize a public hearing on May 21, 2015 to
consider the requested revisions to district boundaries as presented by the
Electoral Board. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion. •
60
•
County Administrator Seward presented a categorical transfer request from
the Schools relative to health insurance and Davis Bacon Act. She
recommended establishing a reserve account address any future Davis Bacon
Act expenses related to the Georgie Tyler Middle School project.
Chairman Alphin moved to establish a fund reserve account to address any
future Bacon Davis Act expenses related to the Georgie Tyler Middle School
Project and present bills. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bailey moved to authorize the School's categorical transfer
request to address their health insurance in the amount of $284,900. The
motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
•
Chairman Alphin moved to designate $285,000 to meet the needs of the
capital project, specifically the sprinkler system, and that the County be
obligated for the Davis Bacon payments. The motion was adopted by a vote
of (4-1) with Supervisors Alphin, Bailey, Darden and Jefferson voting in
favor of the motion and Supervisor Casteen voting against the motion.
Jeff Terwilliger, Chief of Emergency Services, provided an overview of that
Department's challenges associated with its current operations and
recommended implementation of a 28-day work period for eligible regular
full-time employees.
A Resolution to Adopt Chapter 1: Personnel, Article III, Sections 3.2 and
3.4, Article V, Sections 5.0-5.3 and Article VI, Section 6.3 of the County
Policy Manual was presented by Mary Beth Johnson, Director of Human
Resources and recommended for adoption.
Supervisor Jefferson moved that the following Resolution be adopted:
e RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE III,
61
SECTIONS 3.2 AND 3.4, ARTICLE V, SECTIONS 5.0-5.3, AND
ARTICLE VI, SECTION 6.3 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines regarding the
provision of rates of pay, overtime, annual leave, sick leave, and holidays
under Chapter 1: Personnel, Article III, Sections 3.2 and 3.4, Article V,
Sections 5.0-5.3, and Article VI, Section 6.3 of the County Policy Manual;
and
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article III, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and
Article VI, Section 6.3 of the County Policy Manual to clarify the provisions,
guidelines, rules and procedures necessary to accommodate the
implementation of a 28 day work period for eligible regular full-time
employees within the Department of Emergency Services, as authorized
within the 7k work period exemption within the Fair Labor Standards Act.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article III, Sections 3.2 and 3.4, Article V. Sections 5.0-5.3, and Article VI,
Section 6.3 of the County Policy Manual is hereby amended as follows:
ARTICLE III
Compensation Plan
(Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006,
June I, 2006, Apr_illP, 2015)
Section 3.2
(Revised April 7, 2005, 'April .16,20115)
Rates of Pay
The rates of pay for County employees shall be in accordance with the salary
schedule adopted by the Board of Supervisors. Generally, a new employee
shall be paid between the minimum and •
62
midpoint of the salary range assigned for his/her class, depending on
qualifications. The County Administrator has authority to make appointments
above the midpoint when necessary to obtain the services of the best
qualified candidate. Prior written approval from the County Administrator is
required when a department director wishes to make an appointment above
the first quartile of pay for the class.
When a regular full-time employee assigned to a 28-day cycle, as authorized
within the 7k work period exemption within the Fair Labor Standards Act,
'within the Department of Emergency Services transfers from a 24-hour
pchedule to a 40-hour schedule, or vice versa, for an assignment greater thari
30 days, the employee's rate of pay will be computed as follows:
'computation of the hourly rate of pay will be made_ once the 30 days kg
been met, as follows:
•
When an employee is transferred from a 24-hour schedule to a 404
hour schedule or status the employee's annual rate of___pay_is divided
by 2,080 to provide the new hourly rate of pay:
q.When an employee is transferred from a 40-hour schedule or statu
io a 24-hour schedule, the employee's annual rate of pay_ is divide__
hY22:75.6.to provide the .11c9IFIY. Pte of Ray.
Section 3.4
(Revised October 7, 1999, hp' r 11 16,2613)
Overtime
Overtime shall be authorized when regularly scheduled work hours exceed
the Fair Labor Standards Act (FLSA) standards for the granting of overtime.
The County Administrator shall designate those positions which are eligible
for overtime pay and compensatory leave and those which are not eligible for
such pay and leave in accordance with the standards of the Fair Labor
Standards Act. The County Administrator shall develop administrative
•
regulations pertaining to overtime and monitor compliance with the
provisions of the Fair Labor Standards Act, which shall include the
63
• following:
a.Compensation time should be granted in lieu of overtime pay in all
situations where possible. The accumulation of overtime should be
discouraged and procedurally kept to a minimum, adjusting schedules
and staffing to minimize the accumulation of overtime.
b.All overtime must be approved in advance of occurrence by the
employee supervisor.
c.Prior to disbursement of compensation, the Department Head must
authorize the payment of overtime compensation.
d.Overtime pay will be disbursed as funds are made available through the
budget adoption/amendment process.
e.regularly scheduled overtime hours for fire protection employees will
be paid at the overtime rate whether or not the employee physically
works the hours. This rule only applies to fire protection employees ..0
'defined in the Code of Virginia §,9„1-700.
ARTICLE V
Leave Provisions
(Revised September I, 2005, December 15, 2005, February 2, 2006,
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16,
2014, December 18, 2014, '4pril -116,_‘2015)
Section 5.0
(Revised September 1, 2005, October 16, 2014,14p—cit. 116,120 5)
Annual Leave
,
All regular full-time employees of Isle of Wight County hs_signed to a
tortyliguir _workweek shall accrue annual leave based on an eight (8)
hour work day. All regular, part-time employees with regularly
scheduled hours between twenty (20) to twenty-nine (29) per week
•
•
64
•
•
shall accrue annual leave at a rate of four (4) hours per month. Leave
shall be charged to the nearest quarter-hour increment. Eligible
employees separating from County employment shall be compensated
for unused annual leave in the subsequent pay period after termination.
All regular full-time employees assigned to a 28-day cycle, as
authorized within the 7k work period exemption within the Fair Labor
Standards Act, within the Department of Emergency Services shall
have all leave charged on an hour for hour basis and shall accrue
annual leave based on the equivalent of an eight (8) hour workday:
Section 5.1
(Revised April 5, 2007; June 19, 2014; '.(41p- rii -14,12015)
Calculated
Annual leave for regular full-time employees, except those assigned _to a 28j
day cycle; shall be calculated at the end of each pay period in accordance
with the following schedule:
Total Years
Of Service
Hours
Per Month
Days
Per Year Maximum
0 to 5 8 12 288 hours
5+ to 10 10 15 288 hours
10+ to 15 12 18 288 hours
15+ to 20 14 21 288 hours
20 or more 16 24 288 hours
Annual leave for regular full-time employees assigned to a 28-day cycle, as
kuthorized within the 7k work period exemption within the Fair Labo
`Standards Act, within the Department of Emergency Services shall k
calculated at the end of each Tay ...period . accorclapce..with.the following
tklked,ulel
65
•
Total Years
Of Service
Hours
Per Month
Days
Per Year Maximum
0 to 5 11.2 16.8 403..2 hours
5+ to 10 14 21 403.2 hour
10+ to 15 16.8 25.2 403.2 hours
15+ to 20 19.6 29.4 403.2 hours
20 or more 22.4 33.6 403.2 hours
Regular full-time employees on leave without pay for more than half of the
workdays per pay period will not accumulate annual leave hours for that pay
period.
*Employees may exceed the maximum accrual amount of 288 hours (or . . _
40,3.2 hours. for those assigned, to a 28-day cycle) during the .fiscal_ year;
however, no more than 288 hours Cr 4,03.2hours .for those assigned_to,a 28-- - pay cycle), may be carried over from one fiscal year to the next fiscal year.
Any hours over 288 hours 'Or 403,.2 hours for those assigned_ to a 28-day
eycle) will be automatically added to the sick leave balance up to a maximum
of eighty (80) hours (Or One hundred-twelve,(112) hours) per fiscal year.
§PeCiai-Provisions for Fire Protection Employee Schedule Changes
1. :Xisilien a regular full-time employee assigned to a 28-day cycle, as
4uthorized within the 7k work period exemption within the Fair Labor
1Standards Act, within the Department of Emergency Services transfers
from that 28-day cycle schedule to a 40-hour per week schedule or vice
versa for an assignment greater than 30 days, his/her leaye balances and
hourlyrateofipay will_be,conyested.
g, Full-time employees assigned within the Department of Emergencm
services accrue and charge all leave in accordance with applicable
'policy for the schedule to which assigned. In the event an employee
temporarily assigned to another schedule for less than 30 days, till
ieaye, accrued and leave c rgçdwillbadjuSjo,provide the,saine
•• ^ .•
•
66
•
leave balance as if the employee had not been temporarily transferred.
Such determinations are made on a case-by-case basis by the Chief of
Emergency Services . and the Director of Human Resources.
3. Annual leave is converted or adjusted when an employee is transferred
from one schedule to another to provide the same leave balance value.
When an employee is transferred from a 28-day cycle schedule to a 40-
hour per week schedule, the employee's annual leave balance will be
divided by 1.4 to give the adjusted balance. When an employee is
transferred from a 40-hour per week schedule to a 28-day cycle
schedule, the employee's balance will be multiplied by 1.4 to give the
adjusted balance,
New Hires
New hires shall accrue annual leave for the month of initial hire according to
the date of hire as follows:
Date of Month Percent of Annual Leave Accrued
Pt to 7th 100%
8th to 23' 50%
24"1 to last 0%
Section 5.2
(Revised June 19, 2014, April 16) 2015)
Approval
The earliest possible notice, preferably two weeks, of intent shall be given by
any employee who is eligible to take annual leave. Annual leave taken
without prior approval may not be paid.
• Each department shall be responsible for the scheduling of annual leave of its
employees and doing so without decreasing the operating efficiency of the
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• department.
Employees shall be paid for unused accrued annual leave up to the allowed
maximum of 288 hours (or 403.2 hours for those regular full-time employees
assigned to a 28-day cycle, as authorized within the 7k work perioct
exemption within the Fair Labor Standards Act, within the Department of
Emergency Services) at the time of retirement, resignation, termination, or
death. In instances of reduction in force, an employee shall be paid for their
actual unused accrued annual leave with no maximum cap enforced.
Section 5.3
(Revised December 19, 2013; September I, 2005; October 16, 2014, April
16, 2015)
Sick Leave
Sick leave is defined as leave with pay granted for personal illness of the
employee or an immediate family member and for medical and dental
appointments of the employee or immediate family member. For purposes of
this sick leave policy, the immediate family of an employee is defined as:
natural parents, adoptive parents, foster parents, step-parents; spouse; natural,
adopted or foster children; brother, sister, father-in-law, mother-in-law,
brother-in-law, sister-in-law, son-in-law, daughter-in-law; grandchildren and
grandparents.
A physician's certification/statement may be requested to validate sick leave
when there is a pattern of absenteeism, if there is an indication that the
employee's physical condition is adversely affecting performance, or for an
absence of three (3) or more consecutive days. Leave usage will be charged
in quarter-hour increments.
Accrual Rates
Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement
System (VRS) members: Sick leave is accrued at a rate of eight (8) hours per
month (four (4) hours per pay period worked) with the exception of kegula4
•
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68
•
•
full-time employees assigned to a 28-day cycle, as authorized within the 7k
work period exemption within the Fair Labor Standards Act, within the
Department of Emergency Services, who accrue sick leave at a rate of 11.2
hours per month (5.6 hours per pay period worked). Employees must work
more than half of the workdays per pay period in order to accrue sick leave
for that pay period. Sick leave balances may be carried over from year to
year and shall be unlimited.
Special Provisions for Fire Protection Employee Schedule Changes
1.When a regular full-time employee assigned to a 28-day cycle, as
authorized within the 7k work period exemption within the Fair Labor
'Standards Act, within the Department of Emergency Services transfers
from that 28-day cycle schedule to a 40-hour per week schedule or vicd
versa for an assignment greater than 30 am, his/her leave balances and
hourly rate of paywill.be_conv.etted.
2.Tull-time employees assigned within the Department of Emergency,
ervices accrue and charge all leave in accordance with applicable
policy for the schedule to which assigned. In the event an employee
temporarily assigned to another schedule for less than 30 days, thq
leave accrued and leave charged will be adjusted to provide the same
leave balance as if the employee had not been temporarily transferred:
uch determinations are made on a case-by-case basis by the Chlef,oi
Emeraency,Services and the Directorof klumanitesources!
... ..... ,
.3. Sick leave is converted or adjusted when an employee is transferred
from one schedule to another to provide the same leave balance value;
hen an employee is transferred from a 28-day cycle schedule to a 401
our per week schedule, the employee's sick leave balance will bd
ivided by 1.4 to give the adjusted balance. When an employee is,
transferred from a 40-hour per week schedule to a 28-day cycl9
chedule, the employee's balance will be multiplied by . 1.4 to give the,
adjusted balance! •
69
Regular, full-time employees who are Hybrid Virginia Retirement System
(YRS) members: Six (6) days of sick leave is front-loaded on an employee's
first work day, subject to proration for service less than the full fiscal year.
Employees may draw from their credited sick leave following the completion
of one day's service. On January 1" each year, employees in this category
will accrue six (6) additional days of sick leave earning a total of twelve (12)
days of sick leave each fiscal year. On June 30' each year, a payout of fifty
percent (50%) of the sick leave balance will be granted as a wellness
incentive. In the event of termination prior to the completion of the fiscal
year, salary for any leave which was taken in excess of days actually earned
will be withheld from the final payroll check.
Regular (non-temporary) part-time employees who work a schedule of 20 —
29 hours per week will accrue sick leave at a rate of four (4) hours per month.
ARTICLE VI
Benefits
(Revised January 17, 2002, September I, 2005, December 15, 2005, October
16, 2006, October 4, 2007, November 15, 2007, July I, 2008,
December 4, 2008, November 20, 2014, December 18, 2014, April 161, 20)5)
Section 6.3
goifi
Holidays
- (Revised October 4, 2007, July I, 2008, December 18, 2014, April 16,:
Isle of Wight County shall observe the following holidays and other such
holidays as may be prescribed by the Board of Supervisors or by the
Governor of the Commonwealth of Virginia:
New Year's Day First day of January
Lee/Jackson Day Friday preceding Third Monday in
January
King Day Third Monday in January •
•
•
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• Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Third Monday in February
Last Monday in May
Fourth day of July
First Monday in September
Second Monday in October
Eleventh day of November
Fourth Thursday in November and the
day after Thanksgiving Day
Twenty-fifth day of December and the
day before or after Christmas Day
If any holiday falls on Saturday, the Friday preceding the holiday shall be
observed. If the holiday falls on Sunday, the following Monday shall be
observed. The Board of Supervisors may adjust the schedule to
accommodate special circumstances.
• All regular full-time employees shall be entitled to holiday time off with pay
equal to the employee's regularly scheduled hours of work. All regular part-
time employees (those regularly scheduled for 20-29 hours per week) shall be
entitled to time off with pay equal to four (4) hours. An employee forfeits
eligibility to be compensated for the holidays observed by the County unless
the employee works the last scheduled work day before the holiday and the
first scheduled work day after the holiday or is on approved leave with pay.
If a regular non-exempt full-time employee, frxcept for employees assigned . tO.
28-day dde within the Department of Emergency Services, is required to
work on a holiday, he/she shall receive his/her regular rate of pay for all
hours worked plus compensatory time off. since regular non-exempt fulH
ime employees assigned to a 28-day cycle, as authorized within the 7k worli
period exemption within the Fair Labor Standards Act, within thq
pepartment of Emergency Services regularly work holidays as part of their
hormal work schedule, these employees will be given a substitute holiday;
Which will be observed on another working day. These employees will
receive the substitute holiday regardless of whether the employee works ori
he holiday or not. Substitute holidays must be taken within six (6) monthS 411 after actual. holiday. observance or wilt be forfeited. „One day of holiday leave
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• for non-exempt full-time employees assigned to a 28-day cycle is equal to
twelve (12) hours. Partial holidays will be prorated (i.e. — half day holiday
leave equals to six (6) hours, etc.).
If an exempt employee is required to work on a holiday, he/she shall receive
compensatory time off equal to the hours worked to be taken another time. If
any part-time employee is required to work on a holiday, regardless of his/her
status, he/she shall receive pay at the rate of time and a half for all hours
worked on the holiday. Assignments for work on a holiday must be
approved in advance by the department head or his/her designated
representative. Given that the County recognizes the preceding Friday or
following Monday but an eligible employee may be required to work on the
actual holiday, the employee will be eligible for holiday pay in accordance
with this holiday for any hours worked on both the day the County
recognizes the holiday and for any work on the actual holiday.
An employee who has an unexcused absence for any part of the workday
preceding or following a holiday shall not receive holiday pay. An employee
who is on approved leave with pay during a period in which a holiday falls,
shall not be charged leave for the observed holiday. An employee who is on
military leave with pay during a period in which a holiday falls, shall not
receive any additional pay or compensatory leave for the holiday. An
employee on Workers' Compensation Leave will not receive holiday pay. In
the case of an employee who terminates employment and the last day actually
worked is the last work day before a holiday, the employee is not eligible for
holiday pay unless the holiday is the last day of the pay period and the
employee has been on active status for the full pay period.
For Religious or other National Holidays, with leave approved by the
supervisor, an employee may request authorized leave with pay as follows:
•Request charged to compensation time off (if applicable)
•Request charged to annual or personal leave
The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion and Supervisor Casteen
voting against the motion.
•
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•
•
The Rushmere Volunteer Fire Department's request for an alternative water
source for fire suppression and training activities was brought up for
discussion by County Administrator Seward who advised that it was staff's
recommendation that a groundwater well be installed.
Supervisor Jefferson moved that staff be directed to install a groundwater
well to provide the Rushmere Volunteer Fire Department an alternative water
source for fire suppression and training activities. The motion was adopted
by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
Mark W. Furlo, Director of Parks and Recreation, provided a history of
efforts undertaken to date with regard to Bradby Park. He relayed staff's
recommendation that the Board delay having a wetlands delineation
performed until there are funds in the budget to develop the park.
Supervisor Jefferson and Chairman Alphin agreed to meet onsite at the
property to determine if that property is believed to be suitable for
development.
The following informational items were highlighted under the County
Administrator section of the agenda by County Administrator Seward:
Monthly Reports - Tax Levies & Collections in Isle of Wight County
Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; Isle of
Wight Sheriffs Monthly Activity Report/March 2015; Isle of Wight Website
Statistics/March 2015; Solid Waste Division Litter Pickup; Commercial and
Residential Insurance Rating Update; Charter Communications — Upcoming
Changes; memo regarding Employee Service Awards Luncheon; Safety and
Wellness at Work; Nike Park Water Main to Gatling Pointe; and, an Isle of
Wight Cooperative Extension Report for March 2015.
Arthur E. Berkley, Director of Inspections, provided an update on the
County's insurance rating with respect to commercial and residential
properties.
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• Under Old Business, Supervisor Bailey moved that the Board adopt the
Facilities Use Agreement developed by H. Woodrow Crook, Jr. and the
County fund the Carrollton and Windsor Volunteer Fire Departments. The
motion was defeated (1-4) with Supervisor Bailey voting in favor and
Supervisors Alphin, Casteen, Darden and Jefferson voting against the
motion.
Adjournment was declared at 10:45 p.m. by Chairman Alphin.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk •
•
74
•
SPECIAL BUDGET MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD THE FIRST DAY OF MAY IN THE
YEAR TWO THOUSAND AND FIFTHTEEN IN THE ROBERT C.
CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
• Under Approval of the Agenda, Supervisor Jefferson moved that the agenda be
approved, as presented. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
A Resolution designating May 2015 as Business Appreciation Month was
presented for the Board's consideration by County Administrator Seward.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO DESIGNATE MAY 2015 AS
BUSINESS APPRECIATION MONTH
WHEREAS, Governor Terry McAuliffe has recognized May 2015 as
Business Appreciation Month in the Commonwealth of Virginia and called
this observance to the attention of all citizens; and,
WHEREAS, Virginia businesses play a pivotal role in strengthening
our Commonwealth by embracing job creation, innovative technologies, and
employing a diverse workforce to preserve the economic well-being of all
our citizens; and,
WHEREAS, Virginia businesses provide nearly 3.1 million jobs to our
•
citizens throughout the Commonwealth and offer a variety of services and
products worldwide; and,
WHEREAS, Virginia's businesses operate in diverse industries, including
advanced manufacturing, energy, life sciences, tourism, agribusiness and
information technology; and,
WHEREAS, Virginia is currently home to more than 35 Fortune 1,000 firms
and more than 70 firms with annual revenues in excess of $500 million; and,
WHEREAS, the Commonwealth is pleased to recognize the accomplishments
of our existing businesses; entrepreneurs; small, minority and women owned
businesses; and the major employers that contribute greatly to the economic
recovery of our Commonwealth; and,
WHEREAS, it is fitting to offer the citizens of our Commonwealth a unique
opportunity to recognize Virginia businesses for the essential role they play
in driving the new Virginia economy.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the month
of May 2015 be designated as Business Appreciation Month.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin called for consideration of the FY2015-16 Operating and
Capital Budget.
County Administrator Seward advised that budget has been amended to
include the addition of two (2) full-time employees for the Sheriff's
Department and that the School Division be funded categorically as outlined
in the School's proposed budget summary. She advised that the TRIAD
Program will receive $2,800 and be consolidated with the Commission on
•
•
2
• Aging awl that both programs will now come under the Parks and Recreation
Department. Lastly, she advised that she had spoken with Chief Carroll of the
Isle of Wight Volunteer Rescue Squad who feels comfortable with the funding
provided at this time. She stated staff's recommendation is to adopt the
FY2015-16 Operating and Capital Budget and related ordinances and
resolutions with the addition of two FTE for the Sheriff and the funding for the
School Division funding to be provided categorically as outlined in the School
Division's proposed Budget Summary.
Supervisor Darden moved that the FY2015-2016 Operating & Capital Budget
and the following related Ordinances and Resolutions be adopted to include
the addition of two (2) full-time employees for the Sheriff and funding for
Schools be funded categorically as outlined in the School's proposed budget
summary:
AN ORDINANCE APPROVING THE COUNTY BUDGET AND
APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED
DURING THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING
JUNE 30, 2016, AND REGULATING THE PAYMENT OF MONEY OUT
OF THE COUNTY TREASURY
BE IT ORDAINED by the Board of Supervisors of Isle of Wight County,
Virginia as follows:
Section 1: Except as provided in Section 2 of this Ordinance, the County of
Isle of Wight, Virginia, Proposed Annual Operating Budget, Fiscal Year
2015-2016, dated April 1, 2015, and submitted by the County Administrator,
is approved as the County budget for the fiscal year beginning July 1, 2015,
and ending June 30, 2016.
Section 2: The County Budget shall be subject to transfers authorized by
law and to such further amendments by ordinance as the Board of
Supervisors may deem appropriate.
Section 3: The amount named in the Proposed Annual Operating Budget for
•
County operations for the fiscal year beginning July 1, 2015, and ending June
30, 2016, in the following fund amounts totaling $104,467,959 is hereby
appropriated from the revenues of the County for use by the various funds of
the County Government referenced in said budget for the said fiscal year.
Any appropriation to a specific fund but identified as a revenue source in
another fund is specifically designated and restricted for accounting and
transfer purposes only and not for any other expenditure from the source
fund.
Fund 2015-2016
General Fund 70,388,605
Capital Projects Fund 8,506,000
Debt Service Fund 7,082,711
Grants Fund 199,314
Emergency 911 Fund 1,344,507
County Fair Fund 399,337
Social Services Fund 3,294,316
Section 8 Housing Fund
Comprehensive Services Act Fund 495,535
Technology Services Fund 999,120
Risk Management Fund 539,931
Public Utility Fund 9,511,375
Stormwater Management Fund 1,707,208
Total Funds Budget 104,467,959
Section 4: Pursuant to Section 22.1-94 of the Code of Virginia, the
following categorical appropriations are hereby made for Isle of Wight
County Public Schools ("Public Schools") for the fiscal year beginning July
1, 2015, and ending June 30, 2016:
Educational Category 2015-2016
Instruction 43,495,210
Administration, Attendance and Health 2,421,169
Pupil Transportation 3,329,862
Operation and Maintenance 4,724,183
School Food Serv./Other Non-Instr. Operations 2,202,403
Facilities 0
Debt and Fund Transfers 0
Technology 1,981,708
Contingency Reserves 0
Total Funds Budget 58,154,535
•
•
•
•
Section 5: All payments from funds shall be made in accordance with
general law and applicable ordinances and resolutions of the County, except
as otherwise specifically provided herein; provided, however, that payments
from the funds appropriated for the support, maintenance and operation of
the Public Schools of the County shall be made by the County Treasurer
upon warrants drawn by the proper officer or officers of the School Board of
the County; and provided further that payments from the funds appropriated
for expenditures of the Department of Social Services shall be made by the
County Treasurer upon presentation of warrants drawn by the Social Services
Director and approved by the Isle of Wight County Board of Social Services.
Section 6: The Board of Supervisors hereby authorizes the issuance and sale
of the County's revenue anticipation note or notes (the "Note" or "Notes"),
pursuant to Section 15.2-2629 of the Code of Virginia (1950, as amended)
(the "Virginia Code"), in the aggregate principal amount of up to
$25,000,000 in anticipation of the collection of the taxes and revenues of the
County for the fiscal year ending June 30, 2016. If either the County
110 Administrator or County Treasurer deems that the cash flow needs and the
financial condition of the County warrant the issuance of a Note or Notes, the
County Administrator or the County Treasurer (each hereinafter referred to as
the "County Representative") is authorized and directed to accept a proposal
or proposals for the purchase of the Note or Notes and to approve the terms
of the Note or Notes, provided that the aggregate principal amount of the
Notes shall not exceed $25,000,000, none of the Notes shall mature later than
June 30, 2016, and no interest rate on any of the Notes shall exceed 7%. The
County Representative and the Clerk of the Board of Supervisors (the
"Clerk") are hereby authorized and directed to execute an appropriate
negotiable Note or Notes and to affix the seal of the County thereto and such
County Representative is authorized and directed to deliver the Note or Notes
to the purchaser thereof. The County Representative, and such officers and
agents of the County as the County Representative may designate, are hereby
authorized and directed to take such further action as they deem necessary
regarding the issuance and sale of the Note or Notes and all actions taken by
such officers and agents in connection with the issuance and sale of the Note
or Notes are ratified and confirmed.
Section 7: The Board of Supervisors hereby authorizes the lease financing
•
of various County vehicles and equipment essential to the performance of
governmental functions as provided for in the adopted Fiscal Year 2015-2016
Operating and Capital Budget. The funds made available under the lease will
be deposited with a banking institution pursuant to an Escrow Agreement
following procurement of a financial institution in accordance with the
Virginia Public Procurement Act. The County Administrator is authorized to
execute the lease agreement and financing documents on behalf of the
County and the County Clerk shall affix the official seal of the County to the
Financing Documents and attest the same.
Section 8: The amounts appropriated by this Ordinance shall be expended
for the purpose of operating the County government during the 2015-2016
Fiscal Year; and, with the exception of the items the payment of which is
fixed by law, shall be expended in such proportions as may be authorized by
the County Administrator from time to time.
Section 9: All outstanding encumbrances, by contract or fully executed
•
purchase order, as of June 30, 2015, shall be offset by an equal amount of
assigned Fund Balance for expenditure in the subsequent fiscal year;
provided, however, that if performance of a contract or purchase order has
been substantially completed, an expenditure and estimated liability shall be
recorded in lieu of an encumbrance. All restricted or assigned fund balance
project or program balances standing on the books of the County at the close
of business for the fiscal year ending June 30, 2015 in the amount of
$50,000,000 or less that have not been expended or lawfully obligated or
encumbered are hereby reappropriated to be used to fund the purposes,
programs, or projects for which the funds were appropriated.
Section 10: Notwithstanding the provisions of Section 9, all funds
appropriated for Public Schools which are unexpended at year-end shall
revert back to the County pursuant to Section 22.1-100 of the Code
of Virginia and shall be deemed reappropriated into a capital maintenance
fund account for purposes of addressing Schools capital maintenance needs. •
6
• Section 11: The payment and settlement, made during the 2015-2016 Fiscal
Year, of any claim of any kind against the County; and final judgments, with
interest and costs, obtained against the County during the 2014-2015 Fiscal
Year, shall be paid upon the certification of the County Attorney and the
order of the County Administrator from funds appropriated to the Risk
Management Fund; or from the funds appropriated for the expenditures of the
Fund involved in the subject matter of the claim or judgment; or from the
General Fund; as the County Administrator shall find necessary.
•
Section 12: Except as otherwise specifically required by law or approved by
the Board of Supervisors by resolution, any salary or wage expenditure, and
any expenditure of any kind or description having the effect of a salary or
wage payment, shall be made only for a position, the description of which is
identified in the County Pay and Compensation Plan or which has received
prior approval of the Board of Supervisors. Any other expenditure shall be
calculated to result in total expenditures within the plan stated in a specific
County Budget account, except that transfers of unexpended and
unencumbered balances or portions thereof, initiated by a department director
and approved by the County Administrator, are permitted between accounts;
provided, however, that a quarterly report of such transfers shall be submitted
to the Board of Supervisors.
Section 13: The County Administrator is authorized and directed to do all
lawful things necessary to implement and administer the County Budget for
Fiscal Year 2015-2016.
Section 14: All ordinances and resolutions, or parts thereof, in conflict with
the provisions of this Ordinance, to the extent of such conflict, are repealed.
Section 15: This Ordinance shall be in effect on and after July 1, 2015, and it
shall not be published.
AN ORDINANCE TO IMPOSE TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016 •
ADOPTED THIS DAY OF , 2015
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
the County of Isle of Wight, Virginia, to-wit:
(1)That there is hereby levied for the fiscal year beginning July 1, 2015,
a tax of $0.85 per one hundred dollars of assessed valuation on all taxable real
estate, and all real and personal property of public service corporations in
accordance with Section 58.1-2606 of the Code of Virginia (1950, as amended);
and
(2)That there is hereby levied for the fiscal year beginning July 1, 2015,
a tax of $0.70 per one hundred dollars of assessed valuation on machinery and
tools used in businesses as defined in Section 58.1-3507 of the Code of Virginia
(1950, as amended); and
(3)That there is hereby levied for the fiscal year beginning July 1, 2015,
a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft
and aircraft as defined in Section 58.1-3606 of the Code of Virginia (1950, as
amended); and
(4)That there is hereby levied for the fiscal year beginning July 1, 2015,
a tax of $4.50 per one hundred dollars of assessed valuation on all tangible
personal property, as defined and classified in Sections 58.1-3500 through 3504
and Section 58.1-3506 of the Code of Virginia (1950, as amended) except that all
household goods and personal effects as defined and classified in Section 58.1-
3504 are exempt from said levy; and
(5)That, in accordance with the Personal Property Tax Relief Act, as
adopted by the Virginia General Assembly, the car tax relief for Calendar Year
2015 shall be set at fifty-one percent (51%) for vehicles over $1,000.00 in value
on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the
percentage of relief shall be one hundred percent (100%).
(6)That there is hereby levied for the fiscal year beginning July 1, 2015,
a tax of $0.32 per one hundred dollars of assessed valuation on watercraft,
including vessels and ships, weighing five tons or more, excluding privately
owned pleasure boats and watercraft used for recreational purposes only; and
(7)That there is hereby levied for the fiscal year beginning July 1, 2015,
a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and
telegraph companies, water companies, heat, light and power companies, except
electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2
of the Code of Virginia (1950, as amended) and pipeline distribution companies as
defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate
consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731
•
•
•
8
•
of the Code of Virginia (1950, as amended), however, in the case of telephone
companies, charges for long distance telephone calls shall not be included in gross
receipts for purposes of license taxation.
BE IT FURTHER ORDAINED:
That this Ordinance be entered in the Minutes of this Board of Supervisors
and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of
this County.
AN ORDINANCE TO AMEND AND REENACT CHAPTER 10, LICENSES,
ARTICLE II. LICENSE TAX SCHEDULE, SECTIONS 10-15, 10-20, 10-26, 10-
27, AND 10-32 OF THE ISLE OF WIGHT COUNTY CODE
WHEREAS, Section 58.1-3703 of the Code of Virginia (1950, as amended)
provides counties, cities, and towns with the authority to charge a license tax in an
amount not to exceed $50 for any locality with a population of 25,000 but no more
than 50,000; and,
WHEREAS, Section 58.1-3706 of the Code of Virginia (1950, as amended)
provides localities with the authority to impose a license tax on a business,
profession or occupation whose gross receipts are $50,000 in any locality with a
population of 25,000 but no more than 50,000; and,
WHEREAS, Section 58.1-3706 of the Code of Virginia (1950, as amended)
sets forth the maximum license tax rates that can be imposed by localities on
classes of enterprises at sixteen cents per $100 of gross receipts for contracting,
twenty cents per $100 of gross receipts for retail sales, fifty-eight cents per $100
of gross receipts for financial, real estate and professional services, and thirty-six
cents per $100 of gross receipts for repair, personal and business services and all
other businesses not specifically listed or excepted by the Code of Virginia; and,
WHEREAS, the Board of Supervisors of Isle of Wight County desires to
amend and reenact Chapter 10, Licenses, Article II. License Tax Schedule,
Sections 10-15, 10-20, 10-26, 10-27, and 10-32 to adjust the license tax for the
following classes of enterprises: contracting; retail sales; financial, real estate and
professional services; repair, personal and business services as prescribed by
Section 58.1-3706 of the Code of Virginia.
NOW, THERFORE, BE IT ORDAINED by the Board of Supervisors of Isle
• of Wight County that Chapter 10, Licenses, Sections 10-15, 10-20, 10-26, 10-27,
and 10-32 of the Isle of Wight County Code are amended and reenacted as
follows: •
Chapter 10. — Licenses, Article II. — License Tax Schedule
Division 2. - Contractors.
Sec. 10-15. - Amount of tax.
The license tax on each contractor or person engaged in contracting shall be either
thirty fifty dollars ec ten cents per one hundred dollars of gross receipts when {mid
gross receipts are ovec between four thousand dollars and forty nine thousand nine
hundred ninety nine dollars or sixteen cents per one hundred dollars of gross
receipts when said gross receipts are fifty thousand dollars or more Up to one
whichever is greater. (4-21-88, §30; 12-19-96.)
Division 3 — Retail Sales.
Sec. 10-20. - Amount of tax.
The license tax on each retail merchant or other person engaged in retail sales
shall be either thirty fifty dollars or twelq 'cents per one hundrcd 61. grOsfi
•„.
*when h,aid gross receipts are twe-F between four thousand dollars and four
housand nine hundred ninety nine dollars or twenty cents per one hundred dollars
of gross receipts when said gross receipts are fifty thousand dollars or more tirte
one million five hundred dollars and eight cents per one hundred dollars of gross
receipts OVE one million five hundred, thousand dollars, whichever is greater.
(Ord. No. 2010-14-C, 9-23-10.)
Division 5. - Direct Sellers.
Sec. 10-26. - Amount of tax; "direct seller" defined.
(a) The rate of tax levied on a direct seller who maintains his place of abode in
the county and whose total sales 'exceed Eirebetween four thousand dollars
per year and forty nine thousand nine hundred ninety,nitielcioliars'pdycar,
shall be *gi,ithe hjyt fifty dollars or twenty cents per one hundred dollars of
retail sales or five cents per one hundred dollars of wholesale sales ktiep - _ _ _
total sales arc fifty thogs,and,dollarspy niorch whichever is greater.
•
•
10
dollars or more
•
•
Division 6. - Financial, Real Estate and Professional Services.
Sec. 10-27. - Amount of tax.
The license tax on each person engaged in financial, real estate or professional
services shall be either thirty fifty dollars or thirty
dollars of gross receipts when said gross receipts are over between four thousand
dollars and four thousand nine hundred ninety nine dollars or fifty eight cents pet
one hundred dollars of gross receipts when said gross receipts are fifty thousand
, whichever is greater. (4-21-88, § 56; 12-19-96.)
Division 7. - Repair, Personal, Business and Other Services.
Sec. 10-32. - Amount of tax.
The license tax on each person engaged in any repair, personal or business service
or any other business, occupation or service not taxes under any other division of
this chapter shall be either Witty fifty dollars 0:j 'f yionty cents .per one &hundred
'dollars of gross receipts' when said gross receipts are ;Dyck between four thousand
dollars 6nd four thousand nine hundred ninety nine dollars hr thirty-six cents peu
_
one hundred dollars of gross receipts when said gross receipts are fifty thousand
dollars or mor0 bp to one million five hundred thousand dollars and thirteen and
ceipts, over one million five,
hundred thousand dollars, whichever is greater. (4-21-88, § 66; 12-19-96.)
BE IT FURTHER ORDAINED that the aforementioned tax rates shall be
effective July 1, 2015.
BE IT FURTHER ORDAINED that this Ordinance be entered in the
Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this
Board, be furnished to the Treasurer of this County.
AN ORDINANCE TO AMEND AND REENACT SECTION 15-5.2. —
TRANSIENT OCCUPANCY TAX OF THE ISLE OF WIGHT COUNTY CODE
WHEREAS, the General Assembly of Virginia amended and reenacted Section
58.1-3819 of the Code of Virginia (1950, as amended) on March 10,2015; and,
•
11
WHEREAS, Section 58.1-3819 of the Code of Virginia (1950, as amended), adds
Isle of Wight County to the list of Virginia counties that may levy a transient
occupancy tax not to exceed five percent (5%) with any excess over two percent
(2%) designated and spent solely for tourism and travel, marketing of tourism or
initiatives that, as determined after consultation with the local tourism industry
organizations, including representatives of lodging properties located in the
county, attract travelers to the locality, increase occupancy at lodging properties,
and generate tourism revenues in the locality; and,
1.
WHEREAS, the Board of Supervisors of Isle of Wight County desires to amend
and reenact Section 15-5.2. — Transient Occupancy Tax of the Isle of Wight
County Code to adjust the amount of the transient occupancy tax to five percent of
the amount of charge for the occupancy of any room or space occupied as
provided for by the Code of Virginia.
NOW, THERFORE, BE IT ORDAINED that Section 15-5.2. — Transient
Occupancy Tax of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 15-5.2. — Transient Occupancy Tax.
Pursuant to Section 58.1-3819 of the Code of Virginia (1950, as amended),
a transient occupancy tax is hereby levied on all hotels, motels, boardinghouses; „.
aud travel campgrounds, and other facilities offering guest rooms in the amount of
Pre five percent of the amount of charge for the occupancy of any room or space „ .
occupied. Any excess over two percent shall be designated and spent solely for
tourism and travel, marketing of tourism or initiatives that, as determined aftet
tonsultation with the local tourism industry organizations, including
'representatives of lodging properties located in the county, attract travelers to the
increase occupancy at Jodging_properties, and generate tourism revenues
In the locality;
BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of
this Board of Supervisors and that a copy thereof by the Clerk of this Board, be
furnished to the Treasurer of this County.
RESOLUTION TO APPROVE THE POSITION CLASSIFICATION AND
COMPENSATION PLAN AND EMPLOYEE HEALTH INSURANCE PLAN
OFFERINGS FOR FISCAL YEAR 2015-2016
•
•
•
12
•
WHEREAS, the Board of Supervisors has approved the FY 2015-2016
Annual Operating Budget; and
WHEREAS, in accordance with County Policy (Chapter 1: Personnel,
Article II, Position Classification Plan and Article III, Compensation Plan), the
Position Classification and Compensation Plan containing the Salary Schedule and
Schematic List of Classes assigned to Salary Grades has been prepared as
referenced in the attached exhibit in accordance with the Approved FY 2015-2016
Annual Operating Budget; and
WHEREAS, the FY 2015-2016 Position Classification and Compensation
Plan has been recommended to the Board of Supervisors for approval and
adoption; and
WHEREAS, the next Employee Health Insurance Plan Year takes effect
July 1,2015; and
WHEREAS, the County participates in The Local Choice Health Insurance ill Program through Anthem and offers two plans; and
WHEREAS, The Local Choice Anthem Key Advantage 250 Plan and Key
Advantage 500 Plan are recommended to the Board of Supervisors as the two plan
offerings available for the plan year beginning July 1, 2015.
NOW, THEREFORE, BE IT RESOLVED that the FY 2015-2016 Position
Classification and Compensation Plan is hereby adopted and shall remain in effect
until amended by the Board.
BE IT FURTHER RESOLVED that Health Insurance Plan offerings of The
Local Choice Anthem Key Advantage 250 Plan and Key Advantage 500 Plan are
available for employees with employer and employee contribution rates effective
July 1, 2015 as referenced in the attached exhibit.
BE IT FURTHER RESOLVED that eligibility for participation in the
Health Insurance Plan offerings is as follows: All regular full-time employees of
the County, to include Appointees and Registrar, as well as elected officials to • include Constitutional Officers and Board of Supervisors Members, as well as
13
local state-supported employees of the Isle of Wight Department of Social
Services. •
Member Contributions By Salary Reduction for Counties, Cities,
Towns, and Other Political Subdivisions
(In accordance with Chapter 822 of the 2012 Acts of Assembly (SB497))
Resolution
WHEREAS, the Isle of Wight County (employer code 55146) employees
who are Virginia Retirement System members who commence or
recommence employment on or after July 1, 2012, shall be required to
contribute five percent of their creditable compensation by salary reduction
pursuant to Internal Revenue Code § 414(h) on a pre-tax basis upon
commencing or recommencing employment; and
WHEREAS, the Isle of Wight County employees who are Virginia
Retirement System members and in service on June 30, 2012, shall be
required to contribute five percent of their creditable compensation by salary
reduction pursuant to Internal Revenue Code § 414(h) on a pre-tax basis no
later than July 1, 2016; and
WHEREAS, such employees in service on June 30, 2012, shall contribute a
minimum of an additional one percent of their creditable compensation
beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the
employees' contributions equal five percent of creditable compensation; and
WHEREAS, the Isle of Wight County may elect to require such employees in
service on June 30, 2012, to contribute more than an additional one percent
each year, in whole percentages, until the employees' contributions equal five
percent of creditable compensation; and
WHEREAS, the second enactment clause of Chapter 822 of the Acts of
Assembly (SB497) requires an increase in creditable compensation, effective
•
•
14
•
•
•
July 1, 2015, to each such employee in service on June 30, 2015, to offset the
cost of the member contributions, such increase in total creditable
compensation to be equal to the percentage increase of the member
contribution paid by such pursuant to this resolution (For example, if the
member contribution paid by the employee increases from two to three
percent pursuant to this resolution, the employee must receive a one percent
increase in creditable compensation).
BE IT THEREFORE RESOLVED, that the Isle of Wight County does hereby
certify to the Virginia Retirement System Board of Trustees that it shall
effect the implementation of the member contribution requirements of
Chapter 822 of the Acts of Assembly (SB497) according to the following
schedule for the fiscal year beginning July 1, 2015:
Plan 1 Percent
Employer Paid
Member
Contribution
1%
Employee Paid
Member
Contribution
4%
Total 5%
Plan 2 Percent
Employer Paid
Member
Contribution
0%
Employee Paid
Member
Contribution
5%
Total 5%
(Note: Each column must add up to 5 percent.); and
BE IT FURTHER RESOLVED, that such contributions, although designated
as member contributions, are to be made by the Isle of Wight County in lieu
of member contributions; and
15
BE IT FURTHER RESOLVED, that pick up member contributions shall be
•
paid from the same source of funds as used as paying the wages to affected
employees; and
BE IT FURTHER RESOLVED, that member contributions made by the Isle
of Wight County under the pick up arrangement shall be treated for all
purposes other than income taxation, including but not limited to VRS
benefits, in the same manner and to the same extent as member contributions
made prior to the pick up arrangement; and
BE IT FURTHER RESOLVED, that nothing herein shall be construed so as
to permit or extend an option to VRS members to receive the pick up
contributions made by the Isle of Wight County directly instead of having
them paid to VRS; and
BE IT FURTHER RESOLVED, that notwithstanding any contractual or
other provisions, the wages of each member of VRS who is an employee of
the Isle of Wight County shall be reduced by the amount of member
contributions picked up by the Isle of Wight County on behalf of such
employee pursuant to the foregoing resolutions; and
BE IT FURTHER RESOLVED, that no salary increases provided solely to
offset the cost of required contributions to the Virginia Retirement System
under § 51.1-144 of the Code of Virginia will be used to certify that any
salary increases required by the Appropriation Act have been provided; and
NOW, THEREFORE, the officers are hereby authorized and directed in the
name of the Isle of Wight County to carry out the provisions of this
resolution, and said officers are authorized and directed to pay over to the
Treasurer of Virginia from time to time such sums as are due to be paid by
the Isle of Wight County for this purpose.
Employer Contribution Rates for Counties, Cities,
Towns, School Divisions and Other Political Subdivisions
•
•
16
•
•
(In accordance with the 2014 Appropriation Act Item 467(1))
Resolution
BE IT RESOLVED, that the Isle of Wight County (employer code 55146)
does hereby acknowledge that its contribution rates effective July 1, 2015
shall be based on the higher of a) the contribution rate in effect for FY 2012,
or b) eighty percent of the results of the June 30, 2013 actuarial valuation of
assets and liabilities as approved by the Virginia Retirement System Board of
Trustees for the 2014-16 biennium (the "Alternate Rate") provided that, at its
option, the contribution rate may be based on the employer contribution rates
certified by the Virginia Retirement System Board of Trustees pursuant to
Virginia Code § 51.1-145(I) resulting from the June 30, 2013 actuarial value
of assets and liabilities (the "Certified Rate"); and
BE IT ALSO RESOLVED, that the Isle of Wight County (employer code
55146) does hereby certify to the Virginia Retirement System Board of
Trustees that it elects to pay the following contribution rate effective July 1,
2015:
(Check only one box)
ThGertified Rate of 9.95% Rile Alternate Rate of %; and
BE IT ALSO RESOLVED, that the Isle of Wight County (employer code
55146) does hereby certify to the Virginia Retirement System Board of
Trustees that it has reviewed and understands the information provided by the
Virginia Retirement System outlining the potential future fiscal implications
of any election made under the provisions of this resolution; and
NOW, THEREFORE, the officers of Isle of Wight County (employer code
55146) are hereby authorized and directed in the name of the Isle of Wight
County to carry out the provisions of this resolution, and said officers of the
Isle of Wight County are authorized and directed to pay over to the Treasurer
17
of Virginia from time to time such sums as are due to be paid by the Isle of
Wight County for this purpose. •
The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion and Supervisor Casteen
voting against the motion.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS TO A RESERVE ACCOUNT FOR
DAVIS-BACON ACT INVOICES RELATED TO THE GEORGIE D. TYLER
MIDDLE SCHOOL PROJECT AND TO ESTABLISH AND APPROPRIATE
FUNDS TO A RESERVE ACCOUNT FOR LEGAL AND TAX DEFENSE
PURPOSES
WHEREAS, the Isle of Wight County Board of Supervisors has previously
established a reserve account to address any future Bacon-Davis Act invoices
related to the Georgie Tyler Middle School Project; and,
WHEREAS, funding in the amount of $1,000,000 (one million dollars) needs to be
•
appropriated to the Davis-Bacon Act (GTMS) Reserve account; and,
WHEREAS, a reserve account needs to be established for legal and other tax
defense purposes; and,
WHEREAS, funding in the amount of $2,500,000 (two million, five hundred
thousand dollars) needs to be appropriated to the legal and other tax defense
purposes reserve account.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia appropriates $1 million
dollars (one million dollars) from the FY14 Reappropriation to the Davis-Bacon
Act (GTMS) Reserve account.
BE IT FURTHER RESOLVED that the Board of Supervisors establishes a reserve
account for legal and other tax defense purposes and appropriates $2,500,000 (two
million, five hundred thousand dollars) from FY14 Reappropriation to the legal
and other tax defense purposes reserve account. •
18
II/ BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight
County, Virginia be authorized to make the appropriate accounting adjustments in
the budget and do all things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich requested a closed meeting pursuant to Section 2.2-
3711(A)(3) of the Code of Virginia regarding the expansion of an existing
business where no previous announcement has been made in the business'
interest in expanding the facility; pursuant to Section 2.2-3711 (A)(7) regarding
consultation with legal counsel regarding the Nike Park Trail; pursuant to
Section 2.2-3711(A)(3) regarding discussion concerning publicly held real
property in the Ennisdale Subdivision where discussion in open .session would
adversely affect the negotiating strategy of the public body; and, pursuant to
Section 2.2-3711(A)(7) concerning consultation with legal counsel requiring the
advice of counsel pertaining to actual litigation filed by the former Director of
Economic Development where consultation in open meeting would adversely
affect the litigating posture of the public body.
Chairman Alphin moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bailey moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bailey moved to 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
•
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19
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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Casteen moved to authorize the issuance of final offers for
acquisition of real property for the purpose of a Nike Park Trail and authorize
a public hearing on May 21, 2015 to proceed with condemnation, if necessary.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
The special meeting was adjourned by Chairman Alphin at 10:30 a.m.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
20
•
•
• REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF MAY IN THE
YEAR TWO THOUSAND AND FIFTEEN. IN THE ROBERT C. CLAUD,
SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Rudolph Jefferson
ABSENT: Alan E. Casteen
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Alphin called the meeting to order at 5:00 p.m.
• County Attorney Popovich requested a closed meeting for the following
items: Consultation with legal counsel employed and retained by this public
body regarding specific legal matters requiring the provision of legal advice
by such counsel related to Post 2018 Southeastern Public Service Authority
matters pursuant to subsection 7; discussion concerning the expansion of an
existing business or industry where no previous announcement has been
made of the business' or industry's interest in expanding its facilities in the
community pursuant to subsection 5; consultation with legal counsel
employed and retained by this public body regarding specific legal matters
requiring the provision of legal advice by such counsel related to the Nike
Park Trail project pursuant to subsection 7; discussion regarding the
appointment of specific appointees to County boards, committee or
authorities pursuant to subsection 1; discussion regarding the performance of
specific public appointees pursuant to subsection 1; consultation with legal
counsel employed and retained by this public body regarding specific legal
matters requiring the provision of legal advice by such counsel related to
probable litigation regarding the Isle of Wight Volunteer Rescue Squad
construction project pursuant to subsection 7; and, consultation with legal
counsel employed and retained by this public body regarding specific legal
matters requiring the provision of legal advice by such counsel related to
•
actual litigation regarding the proposed water line to the Gatling Pointe
subdivision pursuant to subsection 7.
Supervisor Jefferson moved that the Board enter the closed meeting for the
reasons stated by the County Attorney. The motion was adopted by a vote of
(4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor
of the motion; no Supervisors voting against the motion; and, Supervisor
Casteen absent at the meeting
Supervisor Bailey moved that the Board return to open session. The motion
was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and
Jefferson voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Casteen absent at the meeting.
Supervisor Bailey moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING •
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors. •
2
40 VOTE
AYES: Bailey, Darden, Jefferson and Alphin
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 1 (Casteen)
At 6:00 p.m., Supervisor Bailey delivered the invocation and led the Pledge of
Allegiance.
Under the Approval of the Agenda, Supervisor Darden moved that the
agenda be approved as presented. The motion was adopted by a vote of (4-0)
with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Casteen • absent at the meeting.
Supervisor Jefferson moved that the following Consent Agenda be adopted:
A.Resolution - Accept and Appropriate Technology Trust Funds to
Automate Land Records and Provide Secure Remote Access to Land
Records
B.Resolution - Accept and Appropriate Bryne JAG Grant Funds from the
Virginia Department of Criminal Justice Services
C.Resolution — Accept and Appropriate Stormwater Research Grant
Funds
D.Resolution — Accept and Appropriate Donated Funds to the County
Fair Fund for the Spring Truck and Tractor Pull Event
E.Resolution — Recognition of Appreciation for Planning Commissioner 0 Kurt Frischman for his Service
3
• F.Resolution — Dissolution of Events Committee
G.March 19, 2015 Regular Meeting Minutes
H.April 1, 2015 Special Meeting Minutes
I.April 6, 2015 Continued Meeting Minutes
The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Casteen absent at the meeting.
Under Regional Reports, Supervisor Darden advised that the Hampton Roads
Transportation Organization had held a retreat and discussed long-range
transportation plans and the TPO received a presentation by the Secretary of
Transportation with respect to how road projects will be evaluated in the
future; how funds will be broken down; and, the Route 460 realignment
project and associated criteria. She commented that John Martin,
Southeastern Institute of Research, was also present at the PTO meeting and
she requested County Administrator Seward to invite Mr. Martin to the joint
meeting of the Planning Commission and the Board on June 3, 2015 to
provide his insight on transportation.
Chairman Alphin reported on the criteria identified at the Hampton Roads
Transportation Accountability Commission meeting for scoring Virginia's
transportation projects. He further reported that the Commission did not
have a quorum for its meeting today causing a month's interest to be lost.
Under Appointments, Supervisor Jefferson moved that Michelle Jones be
reappointed to serve on the Board of Building Appeals representing the
Hardy District. The motion was adopted by a vote of (4-0) with Supervisors
Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Casteen absent at the
meeting.
•
•
4
Supervisor Jefferson moved that David Moose be reappointed to serve on the
Wetlands Board representing the Hardy District. The motion was adopted by
a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting
in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Casteen absent at the meeting
Under Special Presentations, Shannon Kokot from M.A.M.A.S. Creative
Sweets was recognized as Entrepreneur of the Year.
Joe Lomax, VDOT Resident Engineer, briefed the Board regarding the status
of county-wide transportation projects.
Bruce Schwenneker, Whitman, Requardt & Associates, LLP presented the
draft Total Maximum Daily Load (TMDL) Action Plan.
Arthur E. Berkley, Director of Inspections, presented a Resolution to
Recognize May 2015 as Building Safety Month for the Board's • consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE MAY 2015
AS BUILDING SAFETY MONTH
WHEREAS, Isle of Wight County's continuing efforts to address the critical
issues of safety, energy efficiency, water conservation, and resilience in the
built environment that affect our citizens, both in everyday life and in times
of natural disaster, give us confidence that our structures are safe and sound;
and,
WHEREAS, our confidence is achieved through the devotion of vigilant
guardians—building safety and fire prevention officials, architects,
engineers, builders, tradespeople, laborers and others in the construction
industry—who work year-round to ensure the safe construction of buildings; • and,
• WHEREAS, these guardians—dedicated members of the Virginia Building
and Code Officials Association and the International Code Council—use a
governmental consensus process that brings together local, state and federal
officials with expertise in the built environment to create and implement the
highest-quality codes to protect our citizens in the buildings where we live,
learn, work, worship, play; and,
WHEREAS, the International Codes, the most widely adopted building
safety, energy and fire prevention codes in the nation, are used by most U.S.
cities, counties and states; these modern building codes also include
safeguards to protect the public from natural disasters such as hurricanes,
snowstorms, tornadoes, wildland fires, floods and earthquakes; and,
WHEREAS, Building Safety Month is sponsored by the International Code
Council, to remind the public about the critical role of our communities'
largely unknown guardians of public safety—our local code officials—who
assure us of safe, efficient and livable buildings; and,
WHEREAS, "Resilient Communities Start with Building Codes" the theme
for Building Safety Month 2015, encourages all Americans to raise
awareness of the importance of building safe and resilient construction; fire
prevention; disaster mitigation, water safety and conservation; energy
efficiency and new technologies in the construction industry; and,
WHEREAS, Building Safety Month 2015 encourages appropriate steps
everyone can take to ensure that the places where we live, learn, work,
worship and play are safe and sustainable, and recognizes that countless lives
have been saved due to the implementation of safety codes by local and state
agencies; and,
WHEREAS, each year, in observance of Building Safety Month, Americans
are asked to consider projects to improve building safety and sustainability at
home and in the community, and to acknowledge the essential service
provided to all of us by local and state building departments, fire prevention
bureaus and federal agencies in protecting lives and property.
S
•
6
110 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of County of Isle of Wight, Virginia recognize the
month of May 2015 as Building Safety Month and encourage all citizens to
join in the participation of Building Safety Month activities.
The motion was adopted by a vote of (3-0) with Supervisors Alphin, Darden
and Jefferson voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Casteen absent at the meeting and Supervisor Bailey
absent for the vote.
Under Citizens Comments, Sam Cratch of Carrollton spoke on the revised
Facilities Use Agreement between the County and its various volunteer fire
and rescue organizations.
Keith Johnson spoke on the revised Facilities Use Agreement.
Albert Burckard of Carrollton recommended approval of the revised • Facilities Use Agreement and elimination of the proposed ISLE 2040 Plan.
Herb DeGroft discussed costs associated with implementing the ISLE2040
Plan and he encouraged the Board to renegotiate a payment schedule on the
Norfolk Water Agreement. He further spoke on the topic of salary
administration control as it pertains to the new Director of Economic
Development position.
Rosa Turner updated the Board regarding efforts taken to date with the
Tyler's beach project.
Dale Scott spoke on the issue of the revised Facilities Use Agreement.
Fred Mitchell spoke on the issue of the revised Facilities Use Agreement.
Paul Robbins spoke on the issue of the revised Facilities Use Agreement.
William McCarty spoke on the revised Facilities Use Agreement and the
ISLE2040 Plan.
Shelley Perry spoke on the ISLE2040 Plan and the revised Facility Use
•
Agreement.
Chairman Alphin called for a public hearing on the following:
A. Resolution of the Board of Supervisors of Isle of Wight County to
Approve Priorities for the Virginia Department of Transportation's
Secondary Six-Year Improvement Program for FY2016 through
FY2021
Jamie Oliver, Transportation Planner, reviewed the priorities contained in the
proposed Program with the Board.
Chairman Alphin called for persons to speak in favor or in opposition to the
Resolution.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Darden moved that the following Resolution be adopted:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA
DEPARTMENT OF TRANSPORTATION'S SECONDARY SIX-YEAR
IMPROVEMENT PROGRAM FOR FY 2016 THROUGH FY 2021
WHEREAS, Sections 33.1-23 and 33.1-23.4 of the Code of Virginia
(1950, as amended) provide the opportunity for each county to work with the
Virginia Department of Transportation (VDOT) in developing a Secondary
Six-Year Improvement Program (SSYIP); and,
WHEREAS, this Board has held a public hearing on the proposed Plan
(FY 2016-FY 2021), in accordance with VDOT policies and procedures, on
•
•
8
May 21, 2015 and all citizens of the County had the opportunity to make
comments and recommendations concerning the proposed Program and
Priority List; and,
WHEREAS, VDOT Local Program and Residency staff have reviewed
and concurred with the proposed SSYIP (FY 2016-FY 2021) and the
Construction Priority List.
NOW, THEREFORE, BE IT RESOLVED that the Secondary Six-Year
Improvement Program and Construction Priority List for FY 2016-2021 are
hereby approved, as presented at the public hearing.
BE IT FURTHER RESOLVED that Isle of Wight County requests that
Rattlesnake Trail (Route 646, UPC 104809) be designated as a Revenue
Sharing project with the opportunity to receive surplus Revenue Sharing
funds which may become available from completed Revenue Sharing
projects for the purpose of advancing construction. •
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, Virginia is authorized to execute all Program documents
and make such accounting adjustments and execute such agreements and
contracts as necessary to proceed with the Program as approved.
The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Casteen absent at the meeting.
B. Resolution Authorizing the Initiation of Condemnation Action or
Actions Related to the Nike Park Trail Project
County Attorney Popovich advised the Board on actions required in order to
move forward with accepting the grant awards
Chairman Alphin called for persons to speak in favor or in opposition to the • Resolution.
• Dr. Garrett Edwards of Nike Park Road advised that this family has not
received any correspondence from the County on this matter, although they
did receive an offer for the sale of the property from a firm in Richmond. He
stated that imminent domain for the use of a sidewalk is a silly notion. He
stated that the area under discussion involves a 100-year farm which he
believes should be preserved.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Responsive to a question raised by Supervisor Bailey, Ms. Oliver identified
the technical reasons why the bike trail could not be located on the other side
of the street.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION AUTHORIZING THE INITIATION OF
CONDEMNATION ACTION OR ACTIONS RELATED TO THE NIKE
PARK TRAIL PROJECT
WHEREAS, Section 15.2-1903(B) of the Code of Virginia (1950, as
amended) requires that prior to the initiation of condemnation proceedings
the governing body of a locality must hold a public hearing and adopt a
resolution approving the proposed condemnation; and
WHEREAS, such a resolution must state the use for which the property being
condemned shall be put and the necessity therefor.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that the County Attorney's Office is hereby authorized
to initiate any and all condemnation action(s), pursuant to Section 25.1-200 et
seq. of the Code of Virginia (1950, as amended), to acquire the necessary
interest(s) in those properties located along the Nike Park Trail project
corridor which are commonly referred to as Tax Map Parcels 21A-01-511,
22-01-010, 22R-01-000A, 22R-01-000B, 22R-01-000K, 22-01-024C, 22-01-
023E, 22-01-023A, 23-01-016, 22-01-022B, 22-01-022A, 22-01-024, 22-01-
•
•
10
• 023B, 23-01-012, 23-01-012A and 23-01-011, along with such other parcels
as may be deemed necessary to effectuate completion of the Nike Park Trail
project; and
BE IT FURTHER RESOLVED by the Isle of Wight County Board of
Supervisors that such condemnation action is necessary, as a last resort
option, should an amicable resolution not be reached with the effected
property owner(s), to allow the County to proceed with the development of
this trail project to improve the standard of living for all citizens of Isle of
Wight County and to provide a safe and useable bicycle and/or pedestrian
trail that may be used by the general public.
The motion was adopted by a vote of (3-1) with Supervisors Alphin, Darden
and Jefferson voting in favor of the motion; Supervisor Casteen absent at the
meeting; and, Supervisor Bailey voting against the motion.
Chairman Alphin called for a public hearing on the following:
C. Ordinance to Amend and Reenact the IOW County Code by Amending
and Reenacting Appendix A, Subdivision, Section 5.16 Traditional
Neighborhood Design
Beverly H. Walkup, Director of Community Development, provided an
overview of the ordinance amendment.
Chairman Alphin called for persons to speak in favor or in opposition to the
Resolution.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Bailey moved that the following Ordinance be adopted:
•
•
11
• An Ordinance to Amend and Reenact the Isle of Wight
County Code by Amending and Reenacting Appendix A,
Subdivision, Section 5.16 Traditional Neighborhood Design
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of
Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands
within Isle of Wight County and seeks to allow flexibility in the
administration of the ordinance regulations while protecting the health,
safety, and general welfare of present and future residents and
businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Appendix A, Subdivision, Section 5.16 •
Traditional Neighborhood Design of the Isle of Wight County Code be
amended and reenacted as follows:
Section 5.16. - Traditional neighborhood design (TND).
The objective of the traditional neighborhood design type is a compact,
pedestrian-scaled development incorporating a diverse, mixed range of uses
to promote community interaction, convenience, housing options for all
income levels, and civic participation. The following regulations are offered
to guide this type of development in accordance with design principles
compatible with the historic nature of the county, and in harmony with the
applicable county ordinances and the comprehensive plan.
A.
Applicability. These provisions apply to new developments of fifty
(50) acres or more, zoned PD-R, PD-MH, and PD-MX.
In the case of expanding existing subdivisions of ten (10) lots or more, these
guidelines can be applied to any development residentially zoned and S
12
•
•
proposing at least five (5) additional lots. The following standards do not
exempt the applicant from compliance with the other sections of this
ordinance which protect the general health, safety, and welfare of residents.
B.
Development standards.
1.
[Location:] All residents should be within approximately one-
fourth (1/4) mile radius or a five-minute walk from existing or
proposed commercial, civic, and open space areas.
2.
Open space: At least forty (40) percent of the gross acreage of
the traditional neighborhood development must be open space.
Open space may include undevelopable areas such as steep
slopes and wetlands, and stormwater detention and retention
basins. At least fifty (50) percent of the open space must be
common open space dedicated to the public for recreation.
Additionally, ninety (90) percent of the dwelling units shall be
within a one-fourth (1/4) mile radius or a five-minute walk from
common open space.
Stormwater management: The design of the traditional
neighborhood development should minimize off-site stormwater
runoff, promote on-site filtration, and minimize the discharge of
pollutants to ground and surface water. Natural topography and
existing land cover should be maintained/protected to the
maximum extent practical. New development shall meet the
standards of section 5.8, stormwater management.
Lot and block standards:
Street layouts should provide for blocks that are a minimum
of two hundred fifty (250) feet in length and a maximum of
five hundred (500) feet in length; however, longer length
3.
4.
A.
13
• shall be allowed with mid-block pedestrian pass-throughs
every five hundred (500) feet.
Blocks should be wide enough to allow two (2) tiers of lots at
minimum depth as required by the underlying zoning. The
subdivision agent may approve a single tier of lots of
minimum depth where environmental conditions restrict the
lot layout.
A variety of lot sizes should be provided to facilitate housing
diversity and choice and meet the projected requirements of
people with different housing needs.
Circulation standards. The circulation system shall allow for
different modes of transportation. The circulation system shall provide
functional and visual links within the residential areas, mixed use area,
and open space of the community and shall be connected to existing and
proposed external development. The circulation system shall provide
adequate traffic capacity, provide connected pedestrian and bicycle
routes (especially off-street bicycle or multi-use paths or bicycle lanes
on the streets), control through traffic and promote safe and efficient
mobility through the neighborhood. All TND transportation elements
should be presented to the locality and VDOT for discussion and
approval of unique features.
1.
Pedestrian circulation. Convenient pedestrian circulation
systems that minimize pedestrian-motor vehicle conflicts shall be
provided continuously throughout the TND. Where feasible, any
existing pedestrian routes through the site shall be preserved and
enhanced. All streets, except for alleys, shall be bordered by
sidewalks on both sides. The following provisions also apply:
B.
C.
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•
•
•
Sidewalks in residential areas. Clear and well-lighted
sidewalks, five (5) feet in width, shall connect all dwelling
entrances to the adjacent public sidewalk.
Sidewalks in mixed use areas. Clear and well-lighted
walkways shall connect building entrances to the adjacent
public sidewalk and to associated parking areas. Such
walkways shall be a minimum of five (5) feet in width.
Disabled accessibility. Sidewalks shall comply with the
applicable requirements of the Americans with Disabilities
Act and VDOT standards.
Crosswalks. Intersections of sidewalks with streets shall
be designed with clearly defined edges. Crosswalks shall be
well lit and clearly marked with contrasting paving materials
at the edges or with striping. In addition, curb extensions
shall be incorporated where pedestrian facilities intersect
higher-volume streets within the development to protect
parking areas and reduce pedestrian crossing times.
Bicycle circulation. Bicycle circulation shall be accommodated
on streets and/or on dedicated bicycle paths. Where feasible, any
existing bicycle routes through the site shall be preserved and
enhanced. Facilities for bicycle travel may include off-street bicycle
multimodal paths and separate, striped, five-foot bicycle lanes on
streets. If a bicycle lane is combined with a lane for parking, the
combined width should be thirteen (13) feet and the bicycle travel
lane shall be located between the vehicular travel lane and parking
lane.
Public transit access. Where public transit service is available or
planned, convenient access to transit stops shall be provided. Where
transit shelters are provided, they shall be placed in highly visible
2.
3.
2.
3.
4.
15
locations that promote security through surveillance, and shall be
well-lighted.
Motor vehicle circulation. Motor vehicle circulation shall be
designed to minimize conflicts with pedestrians and bicycles. Traffic
calming features such as "queuing streets," curb extensions, traffic
circles, and medians may be used to encourage slow traffic speeds.
Arterial streets should not bisect a TND if pedestrian cross-access is
not feasible.
a.
Street hierarchy. Each street within a TND shall be
classified according to section 5.9.5 of this ordinance.
Street layout. The traditional neighborhood development should
maintain the existing street grid, where present, and restore any
disrupted street grid where feasible. In addition:
Intersections shall be at right angles whenever possible, but
in no case less than seventy (70) degrees. Low volume streets
may form three-way intersections creating an inherent right-
of-way assignment (the through street receives precedence)
which significantly reduces accidents without the use of
traffic controls.
Corner radii. The roadway edge at street intersections shall be
rounded by a tangential arc with a radius of fifteen (15) feet
for local streets where the receiving street is projected to have
less than four hundred (400) vehicle trips per day, and
twenty-five (25) feet for intersections involving collector or
arterial streets. Any reduction or increase in the proposed
corner radii shall be subject to the approval of VDOT. The
intersection of a local street and an access lane or alley shall
be rounded by a tangential arc with a maximum radius of ten
(10) feet.
4.
5.
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16
Curb cuts for driveways to individual residential lots shall be
prohibited along collector and subcollector streets with
residential access recommended from alleys only.
Additionally, curb cuts shall be limited to intersections with
other streets or access drives to parking areas for commercial,
civic or multifamily residential uses. Clear sight triangles
(twenty-five (25) feet x twenty-five (25) feet) or as approved
by VDOT shall be maintained at intersections unless
controlled by traffic signal devices.
The orientation of streets should enhance the visual impact of
common open spaces and prominent buildings create lots that
facilitate passive solar design, and minimize street gradients.
All streets shall terminate at other streets or at public land,
except local streets may terminate in stub streets when such
streets act as connections to future phases of the
development. Local streets may terminate other than at other
streets or public land when there is a connection to the
pedestrian and bicycle path network at the terminus.
Parking requirements. Parking areas for shared or community
use should be encouraged The number of parking spaces shall be in
accordance with the zoning ordinance requirements. In addition:
a.
In the mixed use area, any parking lot shall be located at the
rear or side of a building.
A parking lot may not be adjacent to or opposite a street
intersection.
A shared parking agreement must be established and
approved by the zoning administrator prior to site plan
approval.
•
iv.
•
6.
b.
c.
17
• Parking lots or garages must provide not less than one (1)
bicycle parking space for every ten (10) motor vehicle
parking spaces.
e.
Paving. Reduction of impervious surfaces through the use of
interlocking pavers is strongly encouraged for areas such as
remote parking lots and parking areas for periodic uses.
Guidelines for lighting.
a.
Street lighting shall be provided along all streets. Generally
more, low-intensity lights, as opposed to fewer, high-
intensity lights, should be used. Street lights shall be installed
at all street intersections (including alleys), at the end of all
cul-de-sac streets, and on both sides of a street, alternating
from one side of the street to the other at intervals of three
hundred (300) to four hundred (400) feet. Lights shall not
exceed ten thousand (10,000) lumens and shall be directed
downward and opaquely covered at the top. Regardless of
type of fixture and bulb and illumination characteristics,
street lighting design shall follow dark sky guidelines and
principles.
Exterior residential lighting shall be shielded and directed
downward in order to reduce glare onto adjacent properties.
All commercial lighting shall be in compliance with article
11 of the zoning ordinance.
Landscaping and screening standards. Overall composition
and location of landscaping shall complement the scale of the
development and its surroundings. In general, larger, well-placed
b.
C.
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18
•
contiguous planting areas shall be preferred to smaller,
disconnected areas. Plant materials, specifications, installation
and maintenance shall be in accordance with the zoning
ordinance landscaping requirements.
a.
Street trees. A minimum of one (1) deciduous canopy tree
per forty (40) feet of street frontage per street side, shall be
required. Trees can be clustered and do not need to be evenly
spaced. Trees should be located between the sidewalk and the
curb, within the landscaped area of a boulevard, or in tree
wells installed in pavement or concrete.
The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Casteen absent at the meeting.
Chairman Alphin called for a public hearing on the following:
D. Ordinance to Amend and Reenact the IOWC Code by Amending and
Reenacting Chapter 5. Elections. Article II. Election Districts.
Sections 5-7 and 5-8. Article III, Precincts, Section 5-12
County Attorney Popovich provided a PowerPoint presentation on the
Electoral Board's request to take action to change the boundary lines between
the Hardy and Carrsville Magisterial Districts to alleviate a split district in the
14th and 18 th senatorial districts and affects the Pons Precinct and changes the
district boundary lines in Windsor and Newport.
Chairman Alphin called for persons to speak in favor of or in opposition to
the ordinance amendments.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
19
• Supervisor Jefferson moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 5. ELECTIONS.
ARTICLE II. ELECTION DISTRICTS. SECTIONS 5-7 AND 5-8.
ARTICLE III. PRECINCTS. SECTION 5-12
WHEREAS, the Isle of Wight County Electoral Board has request
certain revisions to the boundaries of Hardy and Carrsville Election Districts,
with corresponding changes to the boundaries of the Pons and Zuni precincts
therein, to alleviate a split precinct in the 14 th and 18th Senatorial Districts;
and
WHEREAS, the Isle of Wight County Electoral Board has also
requested certain revisions to the boundaries of the Windsor and Newport
Election Districts, with corresponding changes to the boundaries of the
Longview and Carrollton precincts therein, in order to prevent errors by
making district lines more easily recognizable; and
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has deemed it to be in the best interest of Isle of Wight County to
make the requested changes as recommended by the Electoral Board;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 5. Elections. Article II. Election Districts,
Section 5-7, Enumerated and Section 5-8, Boundaries, of the Isle of Wight
County Code be amended and reenacted as follows:
Sec. 5-7. - Enumerated.
The election districts with populations set forth are as follows:
Smithfield Election District 7,314
Newport Election District 7,393
•
20
Hardy Election District
Windsor Election District
6,761
T 7,009
6,793 Carrsville Election District
•
•
Sec. 5 -8. - Boundaries.
The boundaries of the respective election districts are as set forth below:
(a) Carrsville election district. Beginning at the intersection of U.S.
Route 58 Business and the Blackwater River, the boundary line
between Southampton County and Isle of Wight County; thence in a
Southeasterly direction down the Blackwater River, along the
boundary line between Southampton County and Isle of Wight
County to the intersection of the boundary line with the boundary line
of Isle of Wight County and the City of Suffolk; thence in a
Northeasterly direction along the boundary line between Isle of Wight
County and the City of Suffolk to the intersection of State Route 609
and the boundary line of Isle of Wight County and the City of Suffolk;
thence in a Northwesterly direction along State Route 609 to the
intersection of State Route 609 and State Route 603; thence in a
Northeasterly direction along State Route 603 to the intersection of
State Route 603 and State Route 657; thence in a Northerly direction
along State Route 657 to the intersection of State Route 657 and the
Antioch Swamp; thence in a Easterly direction for approximately 0.2
miles to the railroad track; thence in a Southeasterly direction for
approximately 1.3 miles along the railroad track to a point between
9572 West Windsor Boulevard and 9608 West Windsor Boulevard;
thence in a Northeasterly direction to intersect U.S. Route 460; thence
in a Northwesterly direction along U.S. Route 460 to the intersection
of U.S. Route 460 and State Route 646; thence in a Northerly
direction along State Route 646 to the intersection of State Route 646
and State Route 638; thence in a Northeasterly direction along State
Route 638 to the intersection of State Route 638 and State Route 606;
thence in a Easterly direction along State Route 606 to the intersection
of State Route 606 and U.S. Route 258; thence in a Northerly
direction along U.S. Route 258 to the intersection of U.S. Route 258
21
• and State Route 644; thence in a Westerly direction along State Route
644 to the intersection of State Route 644 and State Route 647; thence
in a Northerly direction along State Route 647 to a private lane at the
intersection of State Route 647 and State Route 1301; thence in a
Southeasterly direction along said private lane and continuing in
Southeasterly direction until intersecting State Route 1302; thence in a
Northeasterly direction along State Route 1302 to the intersection of
State Route 1302 and State Route 637; thence in a Westerly direction
along State Route 637 to the intersection of State Route 637 and State
Route 620; thence in a Northeasterly direction along State Route 620
to the intersection of State Route 620 and electrical transmission lines
located approximately 0.13 miles Northeast of 10331 Foursquare
Road; thence in a Northerly direction along said electrical
transmission lines to the intersection of said electrical transmission
lines and State Route 682; thence in a Southwesterly direction along
State Route 682 to the intersection of State Route 682 and State Route
681; thence in a Northerly direction along State Route 681 to the
intersection of State Route 681 and State Route 625; thence in a
Westerly direction along State Route 625 to the intersection of State
Route 625 and the run of Pouches Swamp; thence in a Northerly
direction along the run of Pouches Swamp to the intersection of the
run and State Route 621; thence in a Easterly direction along State
Route 621 to the intersection of State Route 621 and State Route 680;
thence in a Southeasterly direction along State Route 680 to the
intersection of State Route 680 and State Route 681; thence in a
Northeasterly direction along State Route 681 to the intersection of
State Route 681 and State Route 626; thence in a Easterly direction
along State Route 626 to the intersection of State Route 626 and State
Route 678; thence in a Northeasterly direction along State Route 678
to the intersection of State Route 678 and a private lane at 13446
Bethany Church Road; thence in a Southerly direction along said
private lane and wood line for approximately 0.35 miles to the
intersection of said private lane/wood line and the headwaters of
Canal Run; thence in a Southeasterly direction along Canal Run to the
intersection of Canal Run and a gas pipeline; thence in a Northerly
direction along said gas pipeline for a distance of approximately 0.15
•
•
22
• miles to the intersection of said gas pipeline and State Route 1620;
thence in a Easterly direction along State Route 1620 to the
intersection of State Route 1620 and State Route 677; thence in a
Northerly direction along State Route 677 to the intersection of State
Route 677 and State Route 673; thence in a Westerly direction along
State Route 673 for a distance of approximately 11 miles to the
intersection of State Route 673 and a gas pipeline; thence in a
Northerly direction along said gas pipeline for a distance of
approximately 2 6 miles to the intersection of said gas pipeline and the
boundary line of Isle of Wight County and Surry County; thence in a
Southwesterly direction along the boundary line between Isle of
Wight County and Surry County to the intersection of the boundary
line between Isle of Wight County, Surry County and Southampton
County; thence South along the boundary line of Isle of Wight County
and Southampton County (Blackwater River) to the intersection of the
boundary line of Isle of Wight County and Southampton County and
U.S. Route 58 Business, the point of beginning.
(b) Windsor election district. Beginning at the intersection of State
Route 609 and the boundary line between the County of Isle of Wight
and the City of Suffolk; thence in a Northwesterly direction along
State Route 609 to the intersection of State Route 609 and State Route
603; thence in a Northeasterly direction along State Route 603 to the
intersection of State Route 603 and State Route 657; thence in a
Northerly direction along State Route 657 to the intersection of State
Route 657 and Antioch Swamp; thence in a Easterly direction through
Antioch Swamp for approximately 0.2 miles to the railroad track;
thence in a Southeasterly direction for approximately 1.3 miles along
the railroad track to a point between 9572 West Windsor Boulevard
and 9608 West Windsor Boulevard; thence in a Northeasterly
direction to intersect U.S. Route 460; thence in a Northwesterly
direction along U.S. Route 460 to the intersection of U.S. Route 460
and State Route 646; thence in a Northerly direction along State Route
646 to the intersection of State Route 646 and State Route 638; thence
in a Northeasterly direction along State Route 638 to the intersection
•
of State Route 638 and State Route 606; thence in a Easterly direction
along State Route 606 to the intersection of State Route 606 and U.S.
23
• Route 258; thence in a Northerly direction along U.S. Route 258 to
the intersection of U.S. Route 258 and State Route 692; thence in a
Easterly direction along State Route 692 to the intersection of State
Route 692 and State Route 652; thence in a Northerly direction along
State Route 652 to the intersection of State Route 652 and U.S. Route
258; thence in a Northerly direction along U.S. Route 258 to the
intersection of U.S. Route 258 and Champion Swamp; thence in a
Southeasterly direction along Champion Swamp to the intersection of
Champion Swamp and State Route 692; thence in a Northeasterly
direction along State Route 692 to the intersection of State Route 692
and State Route 654; thence in a Southeasterly direction along State
Route 654 to the intersection of State Route 654 and State Route 600;
thence in a Easterly direction along State Route 600 for approximately
1.0 miles to the intersection of State Route 600 and a private farm
lane; thence in a Northerly direction along said private farm lane for
approximately 0.63 miles to the intersection of said private farm lane
and electrical transmission lines; thence in a Northwesterly direction
along electrical transmission lines for approximately 3.3 miles to an
intersection of said electrical transmission lines and a private lane;
then in a Northeasterly direction along said private lane to the
intersection of said private lane and State Route 620 between 16030
Scott's Factory Road and 16034 Scott's Factory Road; thence in a
Southeasterly direction along State Route 620 to the intersection of
State Route 620 and State Route 655; thence in a Northerly direction
along State Route 655 to the intersection of State Route 655 and the
Town of Smithfield corporate limit; thence in a Easterly direction
along the corporate limit of the Town of Smithfield to the intersection
of the corporate limit of the Town of Smithfield and U.S. Route 258;
thence in a Northwesterly direction along U.S. Route 258 to the
intersection of U.S. Route 258 and Canteberry Lane; thence in a
Easterly direction along Canteberry Lane to its terminus and
continuing between 916 Canteberry Lane and 917 Canteberry Lane to
intersect with the corporate limit of the Town of Smithfield; thence in
a Northerly direction along the corporate limit of the Town of
Smithfield to its intersection with State Route 669; thence in a
Southeasterly direction along State Route 669 to the intersection of
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24
•
•
•
State Route 669 and State Route 665; thence in a Westerly direction
along State Route 665 to the intersection of State Route 665 and State
Route 670; thence in a Southerly direction along State Route 670 to
the intersection of State Route 670 and State Route 711; thence in a
Southerly direction along State Route 711 to the intersection of State
Route 711 and U.S. Route 258; thence in a Easterly direction along
U.S. Route 258 for approximately 0.44 miles to electrical transmission
lines; thence in a Southwesterly direction along electrical transmission
lines for a distance of 1.4 miles to the intersection of the electrical
transmission lines and said private farm lane; thence in a Southerly
direction along a private farm lane to the intersection of the private
farm lane and State Route 620; thence in a Southeasterly direction
along State Route 620 for approximately 0.55 miles; thence in a
Northeasterly direction along an unnamed/abandoned residential lane
to the center point of Brewers Creek; thence in a Easterly direction
along Brewers Creek to the boundary line between Isle of Wight
County and the City of Suffolk; thence in a Southwesterly direction
along the boundary line between Isle of Wight County and the City of
Suffolk to the intersection of the boundary line between Isle of Wight
County and the City of Suffolk and State Route 609, the point of
beginning.
(c) Newport election district. Beginning at the intersection of State
Route 669 and the corporate limit of the Town of Smithfield; thence
in a Southeasterly direction along State Route 669 to the intersection
of State Route 669 and State Route 665; thence in a Westerly
direction along State Route 665 to the intersection of State Route 665
and State Route 670; thence in a Southerly direction along State Route
670 to the intersection of State Route 670 and State Route 711; thence
in a Southerly direction along State Route 711 to the intersection of
State Route 711 and U.S. Route 258; thence in a Easterly direction
along U.S. Route 258 for approximately 0.44 miles to electrical
transmission lines; thence in a Southwesterly direction along electrical
transmission lines for a distance of 1.4 miles to the intersection of the
electrical transmission lines and a private farm lane; thence in a
Southerly direction along a private farm lane to the intersection of the
private farm lane and State Route 620; thence in a Southeasterly
25
• direction along State Route 620 for approximately 0.55 miles; thence
in a Northeasterly direction along an unnamed/abandoned residential
lane to the center point of Brewers Creek; thence in a Easterly
direction along Brewers Creek to the boundary line between Isle of
Wight County and the City of Suffolk; thence in a Northeasterly
direction along the boundary line of Isle of Wight County and the City
of Suffolk to the intersection of the boundary line of Isle of Wight
County and the City of Newport News; thence in a Northwesterly
direction along the boundary line of Isle of Wight County and the City
of Newport News for approximately 7.6 miles; thence in a
Southwesterly direction towards the mouth of the Pagan River for
approximately 3 0 miles; thence in a Southerly direction to intersect
with State Route 1001; thence in a Easterly direction along State
Route 1001 to the intersection of State Route 1001 and State Route
704; thence in a Southerly direction along State Route 704 to the
intersection of State Route 704 and State Route 669, the point of
beginning.
(d) Smithfield election district. Beginning at the intersection of the
Southern boundary line of the corporate limit of the Town of
Smithfield and State Route 10; thence in a Northwesterly direction
along State Route 10 to the intersection of State Route 10 and
Canteberry Lane; thence in a Easterly direction along Canteberry Lane
to its terminus and continuing between 916 Canteberry Lane and 917
Canteberry Lane to intersect with the corporate limit of the Town of
Smithfield; thence in a Northerly direction along the corporate limit of
the Town of Smithfield to the Northern boundary of the corporate of
limit of the Town of Smithfield and State Route 704; thence in a
Northerly direction along State Route 704 to the intersection of State
Route 704 and State Route 1001; thence in a Northerly direction along
State Route 1001 to the center point of the Pagan River; thence in a
Northwesterly direction along the shoreline to the mouth of Williams
Creek; thence Northwesterly along Williams Creek for approximately
0.64 miles; thence in a Northerly direction along a private wood trail
to the intersection of said private wood trail and a private paved
airfield runway (FAA 31 VA); thence in a Northerly direction along
said private paved airfield runway (FAA 31 VA) for approximately •
26
•
•
•
0.63 miles; thence in a Northwesterly direction along a private road to
the intersection of said private road and Farm Road; thence in a
Northwesterly direction along Farm Road to the intersection of Farm
Road and State Route 673; thence in a Northwesterly direction along
State Route 673 to the intersection of State Route 673 and State Route
672; thence in Southerly direction along State Route 672 to the
intersection of State Route 672 and State Route 1405; thence in a
Westerly direction along State Route 1405 to the intersection of State
Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly
direction along the shoreline of Tormentor Lake and continuing along
the North shoreline of Tormentor Lake for approximately 0.62 miles;
thence in an overall Southerly direction along the Western shoreline
of Tormentor Lake to intersect with State Route 673; thence in a
Westerly direction along State Route 673 to the intersection of State
Route 673 and State Route 674; thence in Southerly direction along
State Route 674 to the intersection of State Route 674 and State Route
10 (Old Stage Highway); thence in a Southerly direction along State
Route 10 (Old Stage Highway) to the intersection of State Route 10
(Old Stage Highway), the corporate limit of the Town of Smithfield
and State Route 10 Business; thence in a Southerly direction along
State Route 10 Business for approximately 1.03 miles; thence in a
Westerly direction between 103 Washington Street and 106
Washington Street to connect with Washington Street to the
intersection of Washington Street and North Mason Street; thence in a
Southeasterly direction along North Mason Street to the intersection
of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly
direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT)
and U.S. 258 Business; thence in a Northeasterly direction along U.S.
258 Business to the intersection of U.S. 258 Business and Underwood
Lane; thence in a Southeasterly direction along Underwood Lane to
the intersection of Underwood Lane and Cedar Street; thence in a
Northeasterly direction along Cedar Street to the intersection of Cedar
Street and Drummonds Lane; thence in a Southeasterly direction
along Drummonds Lane and continuing to the center point of Little
Creek; thence in Southwesterly direction along Little Creek to the
intersection of Little Creek and the corporate limit of the Town of
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• Smithfield; thence in a Southeasterly and Easterly direction along the
corporate limit of the Town of Smithfield to the intersection of the
corporate limit of the Town of Smithfield and State Route 10, the
point of beginning.
(e) Hardy election district. Beginning at the intersection of State
Route 644 and U.S. Route 258; thence in a Westerly direction along
State Route 644 to the intersection of State Route 644 and State Route
647; thence in a Northerly direction along State Route 647 to a private
lane at the intersection of State Route 647 and State Route 1301;
thence in a Southeasterly direction along said private lane and
continuing in Southeasterly direction until intersecting State Route
1302; thence in a Northeasterly direction along State Route 1302 to
the intersection of State Route 1302 and State Route 637; thence in a
Westerly direction along State Route 637 to the intersection of State
Route 637 and State Route 620; thence in a Northeasterly direction
along State Route 620 to the intersection of State Route 620 and
electrical transmission lines located approximately 0.13 miles
Northeast of 10331 Foursquare Road; thence in a Northerly direction
along said electrical transmission lines to the intersection of said
electrical transmission lines and State Route 682; thence in a
Southwesterly direction along State Route 682 to the intersection of
State Route 682 and State Route 681; thence in a Northerly direction
along State Route 681 to the intersection of State Route 681 and State
Route 625; thence in a Northerly direction along State Route 625 to
the intersection of State Route 625 and the run of Pouches Swamp;
thence in a Northerly direction along the run of Pouches Swamp to the
intersection of the run and State Route 621; thence in a Easterly
direction along State Route 621 to the intersection of State Route 621
and State Route 680; thence in a Southeasterly direction along State
Route 680 to the intersection of State Route 680 and State Route 681;
thence in a Northeasterly direction along State Route 681 to the
intersection of State Route 681 and State Route 626; thence in a
Easterly direction along State Route 626 to the intersection of State
Route 626 and State Route 678; thence in a Northeasterly direction
along State Route 678 to the intersection of State Route 678 and a
private lane at 13446 Bethany Church Road; thence in a Southerly
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•
direction along said private lane and wood line for approximately 0.35
miles to the intersection of said private lane/wood line and the
headwaters of Canal Run; thence in a Southeasterly direction along
Canal Run to the intersection of Canal Run and a gas pipeline; thence
in a Northerly direction along said gas pipeline for a distance of
approximately 0.15 miles to the intersection of said gas pipeline and
State Route 1620; thence in a Easterly direction along State Route
1620 to the intersection of State Route 1620 and State Route 677;
thence in a Northerly direction along State Route 677 to the
intersection of State Route 677 and State Route 673; thence in a
Westerly direction along State Route 673 for a distance of
approximately 1.1 miles to the intersection of State Route 673 and a
gas pipeline; thence in a Northerly direction along said gas pipeline
for a distance of approximately 2.6 miles to the intersection of said
gas pipeline and the boundary line of Isle of Wight County and Surry
County; thence in a Northerly direction along the boundary line of Isle
of Wight County and Surry County to the intersection of the boundary
line of Isle of Wight County, Surry County, James City County and
the City of Newport News; thence in a Southerly direction along the
boundary line between Isle of Wight County and the City of Newport
News for approximately 11.4 miles; thence in a Southwesterly
direction towards the mouth of the Pagan River for approximately 3.0
miles; thence in a Northwesterly direction along the shoreline to the
mouth of Williams Creek; thence Northwesterly along Williams
Creek for approximately 0.64 miles; thence in a Northerly direction
along a private wood trail to the intersection of said private wood trail
and a private paved airfield runway (FAA 31 VA); thence in a
Northerly direction along said private paved airfield runway (FAA
31 VA) for approximately 0.63 miles; thence in a Northwesterly
direction along a private road to the intersection of said private road
and Farm Road; thence in a Northwesterly direction along Farm Road
to the intersection of Farm Road and State Route 673; thence in a
Northwesterly direction along State Route 673 to the intersection of
State Route 673 and State Route 672; thence in Southerly direction
along State Route 672 to the intersection of State Route 672 and State
Route 1405; thence in a Westerly direction along State Route 1405 to
29
the intersection of State Route 1405 and the shoreline of Tormentor • Lake; thence in a Westerly direction along the shoreline of Tormentor
Lake and continuing along the North shoreline of Tormentor Lake for
approximately 0.62 miles; thence in an overall Southerly direction
along the Western shoreline of Tormentor Lake to intersect with State
Route 673; thence in a Westerly direction along State Route 673 to the
intersection of State Route 673 and State Route 674; thence in
Southerly direction along State Route 674 to the intersection of State
Route 674 and State Route 10 (Old Stage Highway); thence in a
Southerly direction along State Route 10 (Old Stage Highway) to the
intersection of State Route 10 (Old Stage Highway), the corporate
limit of the Town of Smithfield and State Route 10 Business; thence
in a Southerly direction along State Route 10 Business for
approximately 1.03 miles; thence in a Westerly direction between 103
Washington Street and 106 Washington Street to connect with
Washington Street to the intersection of Washington Street and North
Mason Street; thence in a Southeasterly direction along North Mason
Street to the intersection of North Mason Street and U.S. 258 (ALT);
thence in a Southwesterly direction along U.S. 258 (ALT) to the •
intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a
Northeasterly direction along U.S. 258 Business to the intersection of
U.S. 258 Business and Underwood Lane; thence in a Southeasterly
direction along Underwood Lane to the intersection of Underwood
Lane and Cedar Street; thence in a Northeasterly direction along
Cedar Street to the intersection of Cedar Street and Drummonds Lane;
thence in a Southeasterly direction along Drummonds Lane and
continuing to the center point of Little Creek; thence in Southwesterly
direction along Little Creek to the intersection of Little Creek and the
corporate limit of the Town of Smithfield; thence in a Southerly
direction along the corporate limit of the Town of Smithfield (Great
Springs Road) to the intersection of the corporate limit of the Town of
Smithfield and State Route 655; thence in a Southerly direction along
State Route 655 to the intersection of State Route 655 and State Route
620; in a Northwesterly direction along State Route 620 to the
intersection of State Route 620 and State Route 1210; thence in a
Southerly direction along a private lane between 16030 Scotts Factory •
30
•
•
•
Road and 16034 Scotts Factory Road to the intersection of said
private lane and electrical transmission lines; thence in a Southeasterly
direction along electrical transmission lines for approximately 3.3
miles to the intersection of said electrical transmission lines and a
private farm lane; thence in a Southerly direction along a private farm
lane to the intersection of the private farm lane and State Route 600;
thence in a Westerly direction along State Route 600 to the
intersection of State Route 600 and State Route 654; thence in a
Northwesterly direction along State Route 654 to the intersection of
State Route 654 and State Route 692; thence in a Southwesterly
direction along State Route 692 to the intersection of State Route 692
and the run of Champion Swamp; thence in a Northwesterly direction
along the run of Champion Swamp to the intersection of the run and
U.S. Route 258; thence in a Southerly direction along U.S. Route 258
to the intersection of U.S. Route 258 and State Route 652; thence in a
Southeasterly direction along State Route 652 to the intersection of
State Route 652 and State Route 692; thence in a Westerly direction
along State Route 692 to the intersection of State Route 692 and U.S.
Route 258; thence in a Southwesterly direction along U.S. Route 258
to the intersection of U.S. Route 258 and State Route 644, the point of
beginning. (6-24-71, § 3; 5-20-81, § 3; 4-25-91, § 3; 5-3-01, § 3; Ord.
No. 2011-7-C, 4-21-11.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Chapter 5. Elections. Article III.
Precincts, Section 5-12, Boundaries, of the Isle of Wight County Code be
amended and reenacted as follows:
Sec. 5 -12. - Boundaries.
The boundaries of the respective precincts are as set forth below:
(a) Carrsville election district.
(1) Camps Mill precinct. Beginning at the intersection of U.S.
Route 58 Business and the Blackwater River, the boundary line
between the County of Southampton and the County of Isle of
Wight; thence in a Southeasterly direction along the Blackwater
River, the boundary line between the County of Isle of Wight and
31
• the County of Southampton, to the intersection of the boundary
line with the boundary line of the County of Isle of Wight and the
City of Suffolk; thence in a Northeasterly direction along the
boundary line between the County of Isle of Wight and the City of
Suffolk to the intersection of the boundary line of the County of
Isle of Wight and the City of Suffolk with State Route 615; thence
in a Northerly direction along State Route 615 to the intersection
of State Route 615 and U.S. Route 58 Business; thence in a
Southwesterly direction along U.S. Route 58 Business to the
intersection of U.S. Route 58 Business and U.S. Route 258; thence
in a Northerly direction along U.S. Route 258 to the intersection of
U.S. Route 258 and State Route 611; thence in a Westerly
direction along State Route 611 to the intersection of State Route
611 and the Blackwater River, the boundary line between the
County of Isle of Wight and the County of Southampton; thence in
a Southerly direction along the Blackwater River to the
intersection of the Blackwater River and U.S. Route 58 Business,
the point of beginning.
(2) Carrsville precinct. Beginning at the intersection of U.S. Route
258 and U.S. Route 58 Business; thence in a Northeasterly
direction along U.S. Route 58 Business to the intersection of U.S.
Route 58 Business and State Route 615; thence in a Southerly
direction along State Route 615 to the intersection of State Route
615 and the boundary line between the County of Isle of Wight
and the City of Suffolk; thence in a Northeasterly direction along
the boundary line between the County of Isle of Wight and the
City of Suffolk to the intersection of the boundary line of the
County of Isle of Wight and the City of Suffolk and State Route
610; thence in a Northerly direction along State Route 610 to the
intersection of State Route 610 and State Route 687; thence in a
Southwesterly direction along State Route 687 to the intersection
of State Route 687 and State Route 611; thence in a Westerly
direction along State Route 611 to the intersection of State Route
611 and U.S. Route 258; thence in a Southerly direction along
U.S. Route 258 to the intersection of U.S. Route 258 and U.S.
Route 58 Business, the point of beginning.
•
•
32
• (3) Walters precinct. Beginning at the intersection of State Route
611 and the Blackwater River, at the boundary line between the
County of Southampton and the County of Isle of Wight; thence in
an Easterly direction along State Route 611 to the intersection of
State Route 611 and State Route 687; thence in a Northeasterly
direction along State Route 687 to the intersection of State Route
687 and State Route 610; thence in a Southeasterly direction along
State Route 610 to the intersection of State Route 610 and the
boundary line between the County of Isle of Wight and the City of
Suffolk; thence in a Northeasterly direction along the boundary
line between the County of Isle of Wight and the City of Suffolk
to the intersection of the boundary line and State Route 609;
thence in a Northwesterly direction along State Route 609 to the
intersection of State Route 609 and State Route 603; thence in a
Westerly direction along State Route 603 to the intersection of
State Route 603 and the Blackwater River, the boundary line
between the County of Isle of Wight and the county of
•
Southampton; thence in a Southwesterly direction along the
Blackwater River to the intersection of the Blackwater River and
State Route 611, the point of beginning.
(4) Zuni precinct. Beginning at the intersection of State Route 603
and the Blackwater River, the boundary line between the County
of Southampton and the County of Isle of Wight; thence in a
Northeasterly direction along State Route 603 to the intersection
of State Route 603 and State Route 657; thence in a Northerly
direction along State Route 657 to the intersection of State Route
657 and Antioch Swamp; thence in a Easterly direction through
Antioch Swamp for approximately 0.2 miles to the railroad track;
thence in a Southeasterly direction for approximately 1.3 miles
along the railroad track to a point between 9572 West Windsor
Boulevard and 9608 West Windsor Boulevard; thence in a
Northeasterly direction to intersect U.S. Route 460; thence in a
Northwesterly direction along U.S. Route 460 to the intersection
of U.S. Route 460 and State Route 646; thence in a Northerly
•
direction along State Route 646 to the intersection of State Route
646 and State Route 638; thence in a Northeasterly direction along
33
• State Route 638 to the intersection of State Route 638 and State
Route 606; thence in a Easterly direction along State Route 606 to
the intersection of State Route 606 and U.S. Route 258; thence in a
Northerly direction along U.S. Route 258 to the intersection of
U.S. Route 258 and State Route 644; thence in a Westerly
direction along State Route 644 to the intersection of State Route
644 and State Route 647; thence in a Northerly direction along
State Route 647 to a private lane at the intersection of State Route
647 and State Route 1301; thence in a Southeasterly direction
along said private lane and continuing in Southeasterly direction
until intersecting State Route 1302; thence in a Northeasterly
direction along State Route 1302 to the intersection of State Route
1302 and State Route 637; thence in a Westerly direction along
State Route 637 to the intersection of State Route 637 and State
Route 649; thence in a Southwesterly direction along State Route
649 to the intersection of State Route 649 and State Route 620;
thence in a Westerly direction to the intersection of State Route
620 and the Blackwater River, thence in a southerly direction
along the Blackwater River to the intersection of the Blackwater
River with State Route 603, the point of beginning.
(5) Raynor precinct. Beginning at the intersection of State Route
620 and the Blackwater River; thence in a Northeasterly direction
along State Route 620 to the intersection of State Route 620 and
State Route 646; thence in a Southeasterly direction along State
Route 646 to the intersection of State Route 646 and State Route
650; thence in a Northeasterly direction along State Route 650, to
the intersection of State Route 650 and State Route 637; thence in
a Northwesterly direction along State Route 637 to the intersection
of State Route 637 and State Route 620; thence in a Northeasterly
direction along State Route 620 to the intersection of State Route
620 and electrical transmission lines located approximately 0.13
miles Northeast of 10331 Foursquare Road; thence in a Northerly
direction along said electrical transmission lines to the intersection
of said electrical transmission lines and State Route 682; thence in
a Southwesterly direction along State Route 682 to the intersection
of State Route 682 and State Route 681; thence in a Northerly •
34
•
•
•
direction along State Route 681 to the intersection of State Route
681 and State Roite 625; thence in a Northerly direction along
State Route 625 to the intersection of State Route 625 and the run
of Pouches Swamp; thence in a Northerly direction along the run
of Pouches Swamp to the intersection of the run and State Route
621; thence in a Easterly direction along State Route 621 to the
intersection of State Route 621 and State Route 680; thence in a
Southeasterly direction along State Route 680 to the intersection
of State Route 680 and State Route 681; thence in a Northeasterly
direction along State Route 681 to the intersection of State Route
681 and State Route 626; thence in a Easterly direction along State
Route 626 to the intersection of State Route 626 and State Route
678; thence in a Northeasterly direction along State Route 678 to
the intersection of State Route 678 and a private lane at 13446
Bethany Church Road; thence in a Southerly direction along said
private lane and wood line for approximately 0.35 miles to the
intersection of said private lane/wood line and the headwaters of
Canal Run; thence in a Southeasterly direction along Canal Run to
the intersection of Canal Run and a gas pipeline; thence in a
Northerly direction along said gas pipeline for a distance of
approximately 0.15 miles to the intersection of said gas pipeline
and State Route 1620; thence in a Easterly direction along State
Route 1620 to the intersection of State Route 1620 and State
Route 677; thence in a Northerly direction along State Route 677
to the intersection of State Route 677 and State Route 673; thence
in a Westerly direction along State Route 673 for a distance of
approximately 1.1 miles to the intersection of State Route 673 and
a gas pipeline; thence in a Northerly direction along said gas
pipeline for a distance of approximately 2.6 miles to the
intersection of said gas pipeline and the boundary line of Isle of
Wight County and Surry County; thence in a Southwesterly
direction along the boundary line of Isle of Wight County and
Surry County to the intersection of the boundary line of Isle of
Wight County, Surry County and Southampton (Blackwater
River); thence in Southerly direction along the boundary line of
Isle of Wight County and Southampton County to the intersection
35
• of the boundary line of Isle of Wight County and Southampton
County and State Route 620, the point of beginning.
(b) Windsor election district.
(1)Windsor precinct. Beginning at the intersection of State Route
609 and the boundary line between the County of Isle of Wight
and the City of Suffolk; thence in a Northwesterly direction along
State Route 609 to the intersection of State Route 609 and State
Route 603; thence in a Northeasterly direction along State Route
603 to the intersection of State Route 603 and State Route 657;
thence in a Northerly direction along State Route 657 to the
intersection of State Route 657 and Antioch Swamp; thence in a
Easterly direction through Antioch Swamp for approximately 0.2
miles to the railroad track; thence in a Southeasterly direction for
approximately 1.3 miles along the railroad track to a point between
9572 West Windsor Boulevard and 9608 West Windsor
Boulevard; thence in a Northeasterly direction to intersect U.S.
Route 460; thence in a Northwesterly direction along U.S. Route
460 to the intersection of U.S. Route 460 and State Route 646;
thence in a Northerly direction along State Route 646 to the
intersection of State Route 646 and State Route 638; thence in a
Northeasterly direction along State Route 638 to the intersection
of State Route 638 and State Route 606; thence in a Easterly
direction along State Route 606 to the intersection of State Route
606 and the boundary line of Isle of Wight County and the City of
Suffolk; thence in a Southwesterly direction along the boundary
line of Isle of Wight County and the City of Suffolk to the
intersection of the boundary line of Isle of Wight County and the
City of Suffolk and Route 606, the point of beginning.
(2)Courthouse precinct. Beginning at the intersection of State
Route 606 and U.S. Route 258; thence in a Northerly direction
along U.S. Route 258 to the intersection of U.S. Route 258 and
State Route 692; thence in a Easterly direction along State Route
692 to the intersection of State Route 692 and State Route 652;
thence in a Northerly direction along State Route 652 to the
intersection of State Route 652 and U.S. Route 258; thence in a
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36
•
•
•
Northerly direction along U.S. Route 258 to the intersection of
U.S. Route 258 and Champion Swamp; thence in a Southeasterly
direction along Champion Swamp to the intersection of Champion
Swamp and State Route 692; thence in a Northeasterly direction
along State Route 692 to the intersection of State Route 692 and
State Route 654; thence in a Southeasterly direction along State
Route 654 to the intersection of State Route 654 and State Route
600; thence in a Easterly direction on State Route 600 to the
intersection of State Route 600 and State Route 602; thence in a
Southerly direction along State Route 602 to the intersection of
State Route 602 and State Route 600; thence in a Southeasterly
direction along State Route 600 to the intersection of State Route
600 and State Route 10; thence in a Southerly direction along
State Route 10 to the intersection of State Route 10 and the
boundary line of Isle of Wight County and the City of Suffolk;
thence in a Southwesterly direction along the boundary line of Isle
of Wight County and the City of Suffolk to the intersection of the
boundary line of Isle of Wight County and the City of Suffolk and
State Route 606; thence in a Westerly direction along State Route
606 to the intersection of State Route 606 and U.S. Route 258, the
point of beginning.
(3) Longview precinct. Beginning at the intersection of State
Route 10 and the boundary line of Isle of Wight County and the
City of Suffolk; thence in a Northerly direction along State Route
10 to the intersection of State Route 10 and State Route 600;
thence in a Westerly direction along State Route 600 to the
intersection of State Route 600 and State Route 602; thence in a
Northerly direction along State Route 602 to the intersection of
State Route 602 and State Route 600; thence in a Northwesterly
direction along State Route 600 for approximately 0.9 miles to the
intersection of State Route 600 and a private farm lane; thence in a
Northerly direction along said private farm lane for approximately
0.63 miles to the intersection of said private farm lane and
electrical transmission lines; thence in a Northwesterly direction
along electrical transmission lines for approximately 3.3 miles to
an intersection of said electrical transmission lines and a private
37
lane; then in a Northeasterly direction along said private lane to
the intersection of said private lane and State Route 620 between
16030 Scott's Factory Road and 16034 Scott's Factory Road;
thence in a Southeasterly direction along State Route 620 to the
intersection of State Route 620 and State Route 655; thence in a
Northerly direction along State Route 655 to the intersection of
State Route 655 and the Town of Smithfield corporate limit;
thence in a Easterly direction along the corporate limit of the
Town of Smithfield to the intersection of the corporate limit of the
Town of Smithfield and U.S. Route 258; thence in a Northwesterly
direction along U.S. Route 258 to the intersection of U.S. Route
258 and Canteberry Lane; thence in a Easterly direction along
Canteberry Lane to its terminus and continuing between 916
Canteberry Lane and 917 Canteberry Lane to intersect with the
corporate limit of the Town of Smithfield; thence in a Northerly
direction along the corporate limit of the Town of Smithfield to its
intersection with State Route 669; thence in a Southeasterly
direction along State Route 669 to the intersection of State Route
669 and State Route 665; thence in a Westerly direction along
State Route 665 to the intersection of State Route 665 and State
Route 670; thence in a Southerly direction along State Route 670
to the intersection of State Route 670 and State Route 711; thence
in a Southerly direction along State Route 711 to the intersection
of State Route 711 and U.S. Route 258; thence in a Easterly
direction along U.S. Route 258 for approximately 0.44 miles to
electrical transmission lines; thence in a Southwesterly direction
along electrical transmission lines for a distance of 1.4 miles to the
intersection of the electrical transmission lines and a private farm
lane; thence in a Southerly direction along a private farm lane to
the intersection of the private farm lane and State Route 620;
thence in a Southeasterly direction along State Route 620 for
approximately 0.55 miles; thence in a Northeasterly direction
along an unnamed/abandoned residential lane to the center point
of Brewers Creek; thence in a Easterly direction along Brewers
Creek to the boundary line between Isle of Wight County and the
City of Suffolk; thence in a Southwesterly direction along the
38
•
•
boundary line between Isle of Wight County and the City of
Suffolk to the intersection of the boundary line between Isle of
Wight County and the City of Suffolk and State Route 10, the
point of beginning.
(c) Hardy election district.
(1) Pons precinct. Beginning at the intersection of U.S. Route 258
and State Route 644; thence in a Westerly direction along State
Route 644 to the intersection of State Route 644 and State Route
647; thence in a Northerly direction along State Route 647 to a
private lane at the intersection of State Route 647 and State Route
1301; thence in a Southeasterly direction along said private lane
and continuing in Southeasterly direction until intersecting State
Route 1302; thence in a Northeasterly direction along State Route
1302 to the intersection of State Route 1302 and State Route 637;
thence in a Westerly direction along State Route 637 to the
intersection of State Route 637 and State Route 620; thence in a
Northeasterly direction along State Route 620 to the intersection
of State Route 620 and electrical transmission lines located
approximately 0.13 miles Northeast of 10331 Foursquare Road;
thence in a Northerly direction along said electrical transmission
lines to the intersection of said electrical transmission lines and
State Route 682; thence in a Southwesterly direction along State
Route 682 to the intersection of State Route 682 and State Route
681; thence in a Northerly direction along State Route 681 to the
intersection of State Route 681 and State Route 625; thence in a
Westerly direction along State Route 625 to the intersection of
State Route 625 and the run of Pouches Swamp; thence in a
Northerly direction along the run of Pouches Swamp to the
intersection of the run and State Route 621; thence in a Easterly
direction along State Route 621 to the intersection of State Route
621 and State Route 680; thence in a Southeasterly direction along
State Route 680 to the intersection of State Route 680 and State
Route 681; thence in a Northeasterly direction along State Route
681 to the intersection of State Route 681 and State Route 626;
thence in a Easterly direction along State Route 626 to the
intersection of State Route 626 and State Route 678; thence in a
39
Northeasterly direction along State Route 678 to the intersection
of State Route 678 and a private lane at 13446 Bethany Church
Road; thence in a Southerly direction along said private lane and
wood line for approximately 0.35 miles to the intersection of said
private lane/wood line and the headwaters of Canal Run; thence in
a Southeasterly direction along Canal Run to the intersection of
Canal Run and a gas pipeline; thence in a Northerly direction
along said gas pipeline for a distance of approximately 0.15 miles
to the intersection of said gas pipeline and State Route 1620;
thence in a Easterly direction along State Route 1620 to the
intersection of State Route 1620 and State Route 677; thence in a
Southerly direction along State Route 677 to the intersection of
State Route 677 and State Route 626; thence in a Southeasterly
direction along State Route 626 and continuing on Carey Street to
the over pass of Carey Street and State Route 10; thence in a
Southerly direction along State Route 10 to the intersection of
State Route 10 and Little Creek; thence in a Southwesterly
direction along Little Creek to the intersection of Little Creek and
Great Spring Road (State Route 655); thence in a Southeasterly
direction along Great Spring Road (State Route 655) to the
intersection of Great Spring Road (State Route 655) and State
Route 620; thence in a Northwesterly direction along State Route
620 to the intersection of State Route 620 and State Route 1210;
thence in a Southerly direction along a private lane between 16030
Scotts Factory Road and 16034 Scotts Factory Road to the
intersection of said private lane and electrical transmission lines;
thence in a Southeasterly direction along electrical transmission
lines for approximately 3.3 miles to the intersection of said
electrical transmission lines and a private farm lane; thence in a
Southerly direction along said private farm lane to the intersection
of the private farm lane and State Route 600; thence in a Westerly
direction along State Route 600 to the intersection of State Route
600 and State Route 654; thence in a Northwesterly direction
along State Route 654 to the intersection of State Route 654 and
State Route 692; thence in a Southwesterly direction along State
Route 692 to the intersection of State Route 692 and the run of
40
•
•
•
Champion Swamp; thence in a Northwesterly direction along the
run of Champion Swamp to the intersection of the run and U.S.
Route 258; thence in a Southerly direction along U.S. Route 258
to the intersection of U.S. Route 258 and State Route 652; thence
in a Southeasterly direction along State Route 652 to the
intersection of State Route 652 and State Route 692; thence in a
Westerly direction along State Route 692 to the intersection of
State Route 692 and U.S. Route 258; thence in a Southwesterly
direction along U.S. Route 258 to the intersection of U.S. Route
258 and State Route 644, the point of beginning.
(2) Rushmere precinct. Beginning at the intersection of State
Route 1620 and State Route 677; thence in a Northerly direction
along State Route 677 to the intersection of State Route 677 and
State Route 673; thence in a Westerly direction along State Route
673 for a distance of approximately 1.1 miles to the intersection of
State Route 673 and a gas pipeline; thence in a Northerly direction
along said gas pipeline for a distance of approximately 2.6 miles to
the intersection of said gas pipeline and the boundary line of Isle
of Wight County and Surry County; thence in a Northerly
direction along the boundary line of Isle of Wight County and
Surry County to the intersection of the boundary line of Isle of
Wight County, Surry County, James City County and the City of
Newport News; thence in a Southerly direction along the boundary
line between Isle of Wight County and the City of Newport News
for approximately 11.4 miles; thence in a Southwesterly direction
towards the mouth of the Pagan River for approximately 3.0 miles;
thence in a Northwesterly direction along the shoreline to the
mouth of Williams Creek; thence Northwesterly along Williams
Creek for approximately 0.64 miles; thence in a Northerly
direction along a private wood trail to the intersection of said
private wood trail and a private paved airfield runway (FAA
31VA); thence in a Northerly direction along said private paved
airfield runway (FAA 31VA) for approximately 0.63 miles; thence
in a Northwesterly direction along a private road to the
intersection of said private road and Farm Road; thence in a
Northwesterly direction along Farm Road to the intersection of
41
• Farm Road and State Route 673; thence in a Northwesterly
direction along State Route 673 to the intersection of State Route
673 and State Route 672; thence in Southerly direction along State
Route 672 to the intersection of State Route 672 and State Route
1405; thence in a Westerly direction along State Route 1405 to the
intersection of State Route 1405 and the shoreline of Tormentor
Lake; thence in a Westerly direction along the shoreline of
Tormentor Lake and continuing along the North shoreline of
Tormentor Lake for approximately 0.62 miles; thence in an overall
Southerly direction along the Western shoreline of Tormentor
Lake to intersect with State Route 673; thence in a Westerly
direction along State Route 673 to the intersection of State Route
673 and State Route 674; thence in Southerly direction along State
Route 674 to the intersection of State Route 674 and State Route
10 (Old Stage Highway); thence in a Southerly direction along
State Route 10 (Old Stage Highway) to the intersection of State
Route 10 (Old Stage Highway), the corporate limit of the Town of
Smithfield and State Route 10 Business; thence in a Southerly
direction along State Route 10 Business for approximately 1.03
miles; thence in a Westerly direction between 103 Washington
Street and 106 Washington Street to connect with Washington
Street to the intersection of Washington Street and North Mason
Street; thence in a Southeasterly direction along North Mason
Street to the intersection of North Mason Street and U.S. 258
(ALT); thence in a Southwesterly direction along U.S. 258 (ALT)
to the intersection of U.S. 258 (ALT) and U.S. 258 Business;
thence in a Northeasterly direction along U.S. 258 Business to the
intersection of U.S. 258 Business and Underwood Lane; thence in
a Southeasterly direction along Underwood Lane to the
intersection of Underwood Lane and Cedar Street; thence in a
Northeasterly direction along Cedar Street to the intersection of
Cedar Street and Drummonds Lane; thence in a Southeasterly
direction along Drummonds Lane and continuing to the center
point of Little Creek; thence in a Southwesterly direction along
Little Creek to the intersection of Little Creek and State Route 10
Bypass; thence in a Northerly direction along State Route 10 •
42
S
•
•
Bypass to the intersection of the State Route 10 Bypass and Carey
Street overpass; thence in a Northwesterly direction along Carey
Street (State Route 626) to the intersection of State Route 626 and
State Route 677; thence in a Northerly direction along State Route
677 to the intersection of State Route 677 and State Route 1620,
the point of beginning.
(d) Smithfield election district.
(1) Smithfield precinct. Beginning at the intersection of Battery
Park Road and the corporate limit of the Town of Smithfield;
thence in a Northerly direction along the corporate of limit of the
Town of Smithfield to the intersection of the corporate limit of the
Town of Smithfield and State Route 704; thence in a Northerly
direction along State Route 704 to the intersection of State Route
704 and State Route 1001; thence in a Northerly direction along
State Route 1001 to the center point of the Pagan River; thence in
a Northwesterly direction along the shoreline to the mouth of
Williams Creek; thence Northwesterly along Williams Creek for
approximately 0.64 miles; thence in a Northerly direction along a
private wood trail to the intersection of said private wood trail and
a private paved airfield runway (FAA 31VA); thence in a
Northerly direction along said private paved airfield runway (FAA
31VA) for approximately 0.63 miles; thence in a Northwesterly
direction along a private road to the intersection of said private
road and Farm Road; thence in a Northwesterly direction along
Farm Road to the intersection of Farm Road and State Route 673;
thence in a Northwesterly direction along State Route 673 to the
intersection of State Route 673 and State Route 672; thence in
Southerly direction along State Route 672 to the intersection of
State Route 672 and State Route 1405; thence in a Westerly
direction along State Route 1405 to the intersection of State Route
1405 and the shoreline of Tormentor Lake; thence in a Westerly
direction along the shoreline of Tormentor Lake and continuing
along the North shoreline of Tormentor Lake for approximately
0.62 miles; thence in an overall Southerly direction along the
Western shoreline of Tormentor Lake to intersect with State Route
673; thence in a Westerly direction along State Route 673 to the
43
• intersection of State Route 673 and State Route 674; thence in
Southerly direction along State Route 674 to the intersection of
State Route 674 and State Route 10 (Old Stage Highway); thence
in a Southerly direction along State Route 10 (Old Stage Highway)
to the intersection of State Route 10 (Old Stage Highway), the
corporate limit of the Town of Smithfield and State Route 10
Business; thence in a Southerly direction along State Route 10
Business for approximately 1.03 miles; thence in a Westerly
direction between 103 Washington Street and 106 Washington
Street to connect with Washington Street to the intersection of
Washington Street and North Mason Street; thence in a
Southeasterly direction along North Mason Street to the
intersection of North Mason Street and U.S. 258 (ALT); thence in
a Southwesterly direction along U.S. 258 (ALT) to the intersection
of U.S. 258 (ALT) and U.S. 258 Business; thence in a
Northeasterly direction along U.S. 258 Business to the intersection
of U.S. 258 Business and Underwood Lane; thence in a
Southeasterly direction along Underwood Lane to the intersection
of Underwood Lane and Cedar Street; thence in a Northeasterly
direction along Cedar Street to the intersection of Cedar Street and
Drummonds Lane; thence in a Southeasterly direction along
Drummonds Lane and continuing to the center point of Little
Creek; thence in a Northeasterly direction along Little Creek to the
intersection of Little Creek and Cypress Creek; thence in a
Northerly direction along Cypress Creek to the intersection of
Cypress Creek and South Church Street (U.S. Route 258
Business); thence in Southeasterly direction along South Church
Street (U.S. Route 258 Business) to the intersection of South
Church Street (U.S. Route 258 Business) and Battery Park Road;
thence in a Easterly direction along Battery Park Road to the
intersection of Battery Park Road and the corporate limit of the
Town of Smithfield, the point of beginning.
(2) Cypress Creek precinct. Beginning at the intersection of the
Southern boundary line of the corporate limit of the Town of
Smithfield and State Route 10; thence in a Northwesterly direction
along State Route 10 to the intersection of State Route 10 and
Canteberry Lane; thence in a Easterly direction along Canteberry
Lane to its terminus and continuing between 916 Canteberry Lane
and 917 Canteberry Lane to intersect with the corporate limit of
the Town of Smithfield; thence in a Northerly direction along the
corporate limit of the Town of Smithfield to the Northern
boundary of the corporate of limit of the Town of Smithfield and
Battery Park Road; thence in a Westerly direction along Battery
Park Road to the intersection of Battery Park Road and South
Church Street (U.S. Route 258 Business); thence in a
Northwesterly direction along South Church Street (U.S. Route
258 Business) to the intersection of South Church Street (U.S.
Route 258 Business) and Cypress Creek; thence in a Southerly
direction along Cypress Creek for approximately 0.15 miles to the
intersection of Cypress Creek and Little Creek; thence in a
Southwesterly direction along Little Creek to the intersection of
Little Creek and corporate limit of the Town of Smithfield (Great
Spring Road); thence in a Southerly and Easterly direction along
the corporate limit of the Town of Smithfield to the intersection of
the corporate limit of the Town of Smithfield and State Route 10,
the point of beginning.
(e) Newport election district.
(1) Carrollton precinct. Beginning at the intersection of State
Route 711 and U.S. Route 258; thence in a Easterly direction
along U.S. Route 258 to the intersection of U.S. Route 258 and
U.S. Route 17; thence in a Northeasterly direction along U.S.
Route 17 to the intersection of U.S. Route 17 and the boundary
line between Isle of Wight County and the City of Newport News;
thence in a Northwesterly direction along the boundary line
between Isle of Wight County and the City of Newport News for
approximately 3.7 miles; thence in a Southwesterly direction
towards the mouth of the Pagan River for approximately 3.0 miles;
thence in a Southerly direction to intersect with State Route 1001;
thence in a Easterly direction along State Route 1001 to the
intersection of State Route 1001 and State Route 704; thence in a
Southerly direction along State Route 704 to the intersection of
State Route 704 and State Route 669; thence in a Southeasterly
45
• direction along State Route 669 to the intersection of State Route
669 and State Route 665; thence in a Westerly direction along
State Route 665 to the intersection of State Route 665 and State
Route 670; thence in a Southerly direction along State Route 670
to the intersection of State Route 670 and State Route 711; thence
in a Southerly direction along State Route 711 to the intersection
of State Route 711 and U.S. Route 258, the point of beginning.
(2) Bartlett precinct. Beginning at the intersection of U.S. Route
258 and U.S. Route 17; thence in a Westerly direction along U.S.
Route 258 for approximately 0.7 miles to the intersection of U.S.
Route 258 and electrical transmission lines; thence in a
Southwesterly direction along electrical transmission lines for a
distance of 1.4 miles to the intersection of the electrical
transmission lines and a private farm lane; thence in a Southerly
direction along a private farm lane to the intersection of the private
farm lane and State Route 620; thence in a Southeasterly direction
along State Route 620 for approximately 0.55 miles; thence in a
Northeasterly direction along an unnamed/abandoned residential
lane to the center point of Brewers Creek; thence in a Easterly
direction along Brewers Creek to the boundary line between Isle
of Wight County and the City of Suffolk; thence in a Northeasterly
direction along the boundary line of Isle of Wight County and the
City of Suffolk to the intersection of the boundary line of Isle of
Wight County and the City of Newport News; thence in a
Northwesterly direction along the boundary line of Isle of Wight
County and the City of Newport News for approximately 4.0 miles
to the intersection of the boundary line between Isle of Wight
County and the City of Newport News and U.S. Route 17; thence
in a Southwesterly direction along U.S. Route 17 to the
intersection of U.S. Route 17 and U.S. Route 258, the point of
beginning. (6-24-71, § 3; 5-20-81, § 3; 12-2-82; 4-25-91, § 3; 8-
18-94; 5-13-01, § 3; 12-5-08; Ord. No. 2011-7-C, 4-21-11.)
•
•
46
• The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Casteen absent at the meeting.
Chairman Alphin called for a public hearing on the following:
E. Ennisdale Property Sale
County Attorney Popovich represented the request to purchase said property.
Chairman Alphin called for persons to speak in favor or in opposition to the
Resolution.
Rosa Turner expressed opposition to the sale until the use of the property is
known.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Jefferson moved that the Chairman, County Administrator and/or
County Attorney be authorized to execute any and all documents necessary to
effectuate the sale of the property as presented. The motion was adopted by a
vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Casteen absent at the meeting.
Under the County Administrator's report, David Rose, Davenport and
Company, briefed the Board regarding financial savings to be realized
through the refunding of General Obligation Bonds.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION PROVIDING FOR THE
ISSUANCE, SALE AND AWARD OF GENERAL
OBLIGATION PUBLIC IMPROVEMENT
REFUNDING BONDS, SERIES 2015, OF ISLE OF
•
•
47
• WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL
AMOUNT NOT TO EXCEED $18,000,000,
PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF, AND PROVIDING FOR
THE REFUNDING OF CERTAIN GENERAL
OBLIGATION BONDS OF THE COUNTY
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of
Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code
of Virginia of 1950, as amended, Isle of Wight County, Virginia (the
"County"), has elected by affirmative vote of the qualified voters of the
County, to be treated as a city for the purpose of issuing its bonds;
WHEREAS, on December 16, 2008, the County issued its $25,000,000
General Obligation Public Improvement Bonds, Series 2008B (the "Series
2008 Bonds"), of which $14,505,000 remains outstanding;
WHEREAS, the County administration, in consultation with Davenport &
Company LLC, the County's financial advisor (the "Financial Advisor"), has
recommended to the Board of Supervisors of the County (the "Board") that
the County authorize the refunding of all or a portion of the outstanding
Series 2008 Bonds (the "Refunded Bonds"), and the issuance and sale of a
series of general obligation refunding bonds, in order to achieve debt service
savings; and
WHEREAS, the County administration, in consultation with the Financial
Advisor, has recommended to the Board that the County issue and sell a
single series of tax-exempt general obligation refunding bonds in a principal
amount not to exceed $18,000,000 through one or more of the following
methods: (a) a private placement with a banking or other financial institution
(a "Private Sale"), (b) a public offering through a competitive sale (a
"Competitive Sale"), or (c) a public offering through a negotiated
underwriting (a "Negotiated Sale") (in any of such funding options, the
purchaser(s) of the bonds shall be referred to herein as the "Purchaser");
•
•
48
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA:
1.Issuance of Bonds. There shall be issued and sold, pursuant to the
Constitution and statutes of the Commonwealth of Virginia, including the
Public Finance Act of 1991, tax-exempt general obligation refunding bonds
of the County in the maximum aggregate principal amount of $18,000,000
(the "Bonds") to (a) provide funds to refund the Refunded Bonds and (b) pay
the costs incurred in connection with issuing the Bonds and refunding the
Refunded Bonds.
2.Bond Details. The Bonds may be issued in a single series and shall be
designated "General Obligation Public Improvement Refunding Bonds,
Series 2015," or such other designation as shall be determined by the County
Administrator, shall be in registered form, shall be dated such date as
determined by the County Administrator, shall be in denominations of $5,000
and integral multiples thereof, and shall be numbered R-1 upward. Subject to
Section 3, the issuance and sale of the Bonds are authorized on terms as shall
•be satisfactory to the County Administrator; provided, however, that (a) the
Bonds shall have a "true" or "Canadian" interest cost not to exceed 4.0%,
taking into account any original issue discount or premium thereon, (b) the
Bonds shall be sold at a price not less than 98.0% of the original aggregate
principal amount thereof (excluding any original issue discount), and (c) the
Bonds shall mature or be subject to mandatory sinking fund redemptions in
annual installments ending no later than December 31, 2031; and, provided
further, that the refunding of the Refunded Bonds in the aggregate shall result
in net present value debt service savings to the County of at least 3.0% of the
principal amount of the Refunded Bonds. Principal of the Bonds shall be
payable annually and interest on the Bonds shall be payable semiannually on
dates determined by the County Administrator.
Each Bond shall bear interest at such rate as shall be determined at the time
of sale, calculated on the basis of a 360-day year of twelve 30-day months.
Principal and premium, if any, shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as
hereinafter defined). Interest shall be payable by check or draft mailed to the
•registered owners at their addresses as they appear on the registration books
kept by the Registrar on a date prior to each interest payment date that shall
49
• be determined by the County Administrator (the "Record Date"). Principal,
premium, if any, and interest shall be payable in lawful money of the United
States of America.
3. Methods of Sale; Award of Bonds. The Bonds shall be sold in one or
more sales, whether through a Private Sale, a Competitive Sale, a Negotiated
Sale or any combination thereof, as determined by the County Administrator
to be in the best interests of the County.
(a)If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Private Sale, the County Administrator is
authorized, on behalf of the County and in collaboration with the Financial
Advisor, to solicit bids from banking institutions and other financial firms, to
determine which bid (or bids) offers the best terms to the County, and,
subject to the limitations set forth in Section 2, to arrange for the issuance
and sale of the Bonds to the Purchaser. Following a Private Sale, the County
Administrator shall file a certificate with the Board setting forth the final
terms of the Bonds. The actions of the County Administrator in selling the
Bonds by Private Sale shall be conclusive, and no further action with respect
to the sale and issuance of the Bonds shall be necessary on the part of the
Board.
(b)If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Competitive Sale, the County Administrator
is authorized, on behalf of the County and in collaboration with the Financial
Advisor, to take all proper steps to advertise the Bonds for sale, to receive
public bids and to award the Bonds to the bidder providing the lowest "true"
or "Canadian" interest cost, subject to the limitations set forth in Section 2.
Following a Competitive Sale, the County Administrator shall file a
certificate with the Board setting forth the final terms of the Bonds. The
actions of the County Administrator in selling the Bonds by Competitive Sale
shall be conclusive, and no further action with respect to the sale and
issuance of the Bonds shall be necessary on the part of the Board.
(c)If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Negotiated Sale, the County Administrator is
authorized, on behalf of the County and in collaboration with the Financial
Advisor, to choose an investment banking firm to serve as underwriter for the
•
•
50
• Bonds and to execute and deliver to the underwriter, as Purchaser of the
Bonds, a bond purchase agreement reflecting the final terms of the Bonds.
The bond purchase agreement shall be in a form approved by the County
Administrator, in collaboration with the County Attorney, the Financial
Advisor and the County's bond counsel. The actions of the County
Administrator in selling the Bonds by Negotiated Sale shall be conclusive,
and no further action with respect to the sale and issuance of the Bonds shall
be necessary on the part of the Board.
(d) Following the determination of which method(s) of sale shall be used,
the County Administrator is hereby authorized to (i) determine the principal
amount of the Bonds, subject to the limitations set forth in Section 1, (ii)
determine the interest rates of the Bonds, the maturity schedules of the
Bonds, and the price to be paid for the Bonds by the Purchaser, subject to the
limitations set forth in Section 2, (iii) determine the redemption provisions of
the Bonds, subject to the limitations set forth in Section 5, and (iv) determine
the dated date, the principal and interest payment dates and the Record Date
• of the Bonds, all as the County Administrator determines to be in the best
interests of the County.
4. Securities Depository Provisions for Public Sale. If the Bonds are sold
through a Negotiated Sale or a Competitive sale, the following terms shall
apply:
(a)Initially, one Bond certificate for each maturity of the Bonds shall be
issued to and registered in the name of The Depository Trust Company, New
York, New York ("DTC"), or its nominee. The County has heretofore
entered into a Blanket Letter of Representations relating to a book-entry
system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds
appointed pursuant to this Section.
(b)In the event that (i) the Securities Depository determines not to
continue to act as the securities depository for the Bonds by giving notice to
the Registrar, and the County discharges its responsibilities hereunder, or (ii)
the County in its sole discretion determines (A) that beneficial owners of
Bonds shall be able to obtain certificated Bonds or (B) to select a new
Securities Depository, then its chief financial officer shall, at the direction of
51
• the County, attempt to locate another qualified securities depository to serve
as Securities Depository and authenticate and deliver certificated Bonds to
the new Securities Depository or its nominee, or authenticate and deliver
certificated Bonds to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in the form provided
for in Section 7; provided, however, that such form shall provide for interest
on the Bonds to be payable (1) from the date of the Bonds if they are
authenticated prior to the first interest payment date, or (2) otherwise from
the interest payment date that is or immediately precedes the date on which
the Bonds are authenticated (unless payment of interest thereon is in default,
in which case interest on such Bonds shall be payable from the date to which
interest has been paid). In delivering certificated Bonds, the chief financial
officer shall be entitled to rely on the records of the Securities Depository as
to the beneficial owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such certificated Bonds
will then be registrable, transferable and exchangeable as set forth in
Section 9.
(c) So long as there is a Securities Depository for the Bonds (i) it or its
nominee shall be the registered owner of the Bonds, (ii) notwithstanding
anything to the contrary in this Resolution, determinations of persons entitled
to payment of principal, premium, if any, and interest, transfers of ownership
and exchanges and receipt of notices shall be the responsibility of the
Securities Depository and shall be effected pursuant to rules and procedures
established by such Securities Depository, (iii) the Registrar and the County
shall not be responsible or liable for maintaining, supervising or reviewing
the records maintained by the Securities Depository, its participants or
persons acting through such participants, (iv) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its
nominee and shall not mean the beneficial owners of the Bonds and (v) in the
event of any inconsistency between the provisions of this Resolution and the
provisions of the above-referenced Blanket Letter of Representations such
provisions of the Blanket Letter of Representations, except to the extent set
forth in this subsection and subsection 4(b), shall control.
•
52
• 5. Redemption Provisions. The Bonds may be subject to redemption prior
to maturity at the option of the County at a price and on or after dates, if any,
determined by the County Administrator.
Any Bonds sold as term bonds may be subject to mandatory sinking fund
redemption upon terms determined by the County Administrator.
If less than all of the Bonds are called for redemption, the maturities to be
redeemed shall be selected by the County's chief financial officer in such
manner as the chief financial officer may determine to be in the best interest
of the County. If less than all the Bonds of a particular maturity are called
for redemption, the Bonds within such maturity to be redeemed shall be
selected by the Securities Depository pursuant to its rules and procedures or,
if the book-entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may determine. In either
case, (a) the portion of any Bond to be redeemed shall be in the principal
amount of $5,000 or some integral multiple thereof and (b) in selecting
Bonds for redemption, each Bond shall be considered as representing that
411 number of Bonds that is obtained by dividing the principal amount of such
Bond by $5,000. The County shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by
facsimile or electronic transmission, registered or certified mail or overnight
express delivery, not less than 30 nor more than 60 days prior to the
redemption date, to the registered owner of the Bonds. The County shall not
be responsible for sending notice of redemption to anyone other than DTC or
another qualified Securities Depository or its nominee unless no qualified
Securities Depository is the registered owner of the Bonds. If no qualified
Securities Depository is the registered owner of the Bonds, notice of
redemption shall be sent to the registered owners of the Bonds. If a portion
of a Bond is called for redemption, a new Bond in principal amount equal to
the unredeemed portion thereof will be issued to the registered owner upon
the surrender thereof.
In the case of an optional redemption, the notice may state that (1) it is
conditioned upon the deposit of moneys, in an amount equal to the amount
necessary to effect the redemption, no later than the redemption date or (2)
•
the County retains the right to rescind such notice on or prior to the
scheduled redemption date (in either case, a "Conditional Redemption"), and
53
• such notice and optional redemption shall be of no effect if such moneys are
not so deposited or if the notice is rescinded as described herein. Any
Conditional Redemption may be rescinded at any time. The County shall
give prompt notice of such rescission to the affected Bondholders. Any
Bonds subject to Conditional Redemption where redemption has been
rescinded shall remain outstanding, and the rescission shall not constitute an
event of default. Further, in the case of a Conditional Redemption, the failure
of the County to make funds available on or before the redemption date shall
not constitute an event of default, and the County shall give immediate notice
to all organizations registered with the Securities and Exchange Commission
as securities depositories or the affected Bondholders that the redemption did
not occur and that the Bonds called for redemption and not so paid remain
outstanding.
6.Execution and Authentication. The Bonds shall be signed by the
manual or facsimile signature of the Chairman or Vice Chairman of the
Board, shall be countersigned by the manual or facsimile signature of the
Clerk or Deputy Clerk of the Board and the Board's seal shall be affixed
thereto or a facsimile thereof printed thereon; provided, however, that if both
of such signatures are facsimiles, no Bond shall be valid until it has been
authenticated by the manual signature of an authorized officer or employee of
the Registrar and the date of authentication noted thereon.
7.Bond Form. The Bonds shall be in substantially the form of Exhibit A
attached hereto, with such completions, omissions, insertions and changes
not inconsistent with this Resolution as may be approved by the officers
signing the Bonds, whose approval shall be evidenced conclusively by the
execution and delivery of the Bonds.
8.Pledge of Full Faith and Credit. The full faith and credit of the County
are irrevocably pledged for the payment of principal of and premium, if any,
and interest on the Bonds. Unless other funds are lawfully available and
appropriated for timely payment of the Bonds, the Board shall levy and
collect an annual ad valorem tax, over and above all other taxes authorized or
limited by law and without limitation as to rate or amount, on all locally
taxable property in the County sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds. •
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•
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•
9.Registration, Transfer and Owners of Bonds. The County
Administrator is hereby authorized and directed to appoint the County
Treasurer or a qualified bank or trust company as paying agent and registrar
for the Bonds (the "Registrar"). The Registrar shall maintain registration
books for the registration and registration of transfers of Bonds. Upon
presentation and surrender of any Bonds at the corporate trust office of the
Registrar, together with an assignment duly executed by the registered owner
or his duly authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the County shall execute and the Registrar shall
authenticate, if required by Section 6, and deliver in exchange, a new Bond or
Bonds having an equal aggregate principal amount, in authorized
denominations, of the same form and maturity, bearing interest at the same
rate, and registered in names as requested by the then registered owner or his
duly authorized attorney or legal representative. Any such exchange shall be
at the expense of the County, except that the Registrar may charge the person
requesting such exchange the amount of any tax or other governmental
charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person exclusively
entitled to payment of principal, premium, if any, and interest and the
exercise of all other rights and powers of the owner, except that interest
payments shall be made to the person shown as owner on the registration
books on the Record Date.
10.Preparation and Delivery of Bonds. After the Bonds have been
awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of
the Board are authorized and directed to take, all proper steps to have the
Bonds prepared and executed in accordance with their terms and to deliver
the Bonds to the Purchaser thereof upon payment therefor.
11.Escrow Deposit Agreement. The County Administrator is authorized
to execute and deliver one or more escrow deposit agreements (collectively,
the "Escrow Agreement") between the County and an escrow agent to be
appointed by the County Administrator (the "Escrow Agent"). The Escrow
Agreement shall be in the form approved by the County Administrator, in
collaboration with the County Attorney and the County's bond counsel, and
shall provide for the deposit and investment of a portion of the Bond
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6 proceeds for the defeasance of the Refunded Bonds. The execution of the
Escrow Agreement by the County Administrator shall constitute conclusive
evidence of such official's approval of the Escrow Agreement. The Escrow
Agreement shall provide for the irrevocable deposit of a portion of the Bond
proceeds (the "Refunding Portion") in an escrow fund that shall be sufficient
to provide for payment of principal of and premium, if any, and interest on
the Refunded Bonds; provided, however, that the Refunding Portion
pertaining to the Bonds shall be invested in such manner that none of the
Bonds will be "arbitrage bonds" within the meaning of Section 148 of the
Code.
12.Deposit of Bond Proceeds. The County Treasurer and the Director of
Budget and Finance or either of them is authorized and directed (a) to
provide for the delivery of the Refunding Portion to the Escrow Agent for
deposit in the escrow funds established by the Escrow Agreement, in an
amount that will be sufficient, together with any other funds deposited with
the Escrow Agent and the interest thereon when invested as provided in the
Escrow Agreement, (i) to pay when due the interest on the Refunded Bonds
to the first date on which they may be redeemed at the option of the County
and (ii) to pay upon the earlier of maturity or redemption the principal of the
Refunded Bonds, plus any interest accrued and unpaid to such redemption
date, plus the applicable redemption premium, and (b) to provide for the
deposit of the remaining proceeds of the Bonds in a special account to be
used to pay the costs incurred in refunding the Refunded Bonds and issuing
the Bonds. The County Treasurer and the Director of Budget and Finance or
either of them is further authorized and directed to take all such further action
as may be necessary or desirable in connection with the payment and
refunding of the Refunded Bonds.
13.Redemption of Refunded Bonds. The County Administrator is
authorized and directed to determine which principal maturities (or portions
thereof) of the Series 2008 Bonds shall constitute the Refunded Bonds. The
County Administrator shall direct that notices of redemption be given to the
registered owners of the Refunded Bonds in accordance with the resolution
providing for the issuance of the Series 2008 Bonds.
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•
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•
14.Arbitrage Covenants. The County covenants that it shall not take or
omit to take any action the taking or omission of which will cause the Bonds
to be "arbitrage bonds" within the meaning of Section 148 of the Code, or
otherwise cause interest on the Bonds to be includable in the gross income of
the registered owners thereof under existing law. Without limiting the
generality of the foregoing, the County shall comply with any provision of
law which may require the County at any time to rebate to the United States
any part of the earnings derived from the investment of the gross proceeds of
the Bonds, unless the County receives an opinion of nationally recognized
bond counsel that such compliance is not required to prevent interest on the
Bonds from being includable in the gross income of the registered owners
thereof under existing law. The County shall pay any such required rebate
from its legally available funds.
15.Non-Arbitrage Certificate and Elections. Such officers of the County
as may be requested are authorized and directed to execute an appropriate
certificate setting forth the expected use and investment of the proceeds of
the Bonds in order to show that such expected use and investment will not
violate the provisions of Section 148 of the Code, and any elections such
officers deem desirable regarding rebate of earnings to the United States for
purposes of complying with Section 148 of the Code. Such certificate and
elections shall be in such form as may be requested by bond counsel for the
County.
16.Limitation on Private Use. The County covenants that it shall not
permit the proceeds of the Bonds or the facilities refinanced with the
proceeds of the Bonds to be used in any manner that would result in (a) 5%
or more of such proceeds or the facilities refinanced with such proceeds
being used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds or the facilities refinanced with such proceeds being
used with respect to any output facility (other than a facility for the
furnishing of water), within the meaning of Section 141(b)(4) of the Code, or
(c) 5% or more of such proceeds being used directly or indirectly to make or
refinance loans to any persons other than a governmental unit, as provided in
Section 141(c) of the Code; provided, however, that if the County receives an
opinion of nationally recognized bond counsel that any such covenants need
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• not be complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax purposes of the
registered owners thereof under existing law, the County need not comply
with such covenants.
17.Other Actions. All other actions of officers of the County in
conformity with the purposes and intent of this Resolution and in furtherance
of the issuance and sale of the Bonds are approved and confirmed. The
officers of the County are authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the issuance, sale and
delivery of the Bonds.
18.Repeal of Conflicting Resolutions. All resolutions or parts of
resolutions in conflict herewith are repealed.
19.Effective Date. This Resolution shall take effect immediately.
The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Casteen absent at the meeting.
County Administrator Seward presented a Resolution to Authorize School's
Categorical Transfer Request to Address Benefit Pay-out for Administrative
Personnel and Additional Bus Fuel Expenses for the Remainder of the Fiscal
Year for the Board's consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE SCHOOLS CATEGORICAL
TRANSFER REQUEST TO ADDRESS BENEFIT PAY-OUT FOR
ADMINISTRATIVE PERSONNEL AND ADDITIONAL BUS FUEL
EXPENSES FOR THE REMAINDER OF THE FISCAL YEAR
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received and reviewed the Schools May 12, 2015 request for a
categorical transfer of funds; and,
•
•
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• WHEREAS, the Schools are requesting transfers of operating funds from the
Instruction ($58,000) and Technology ($22,000) categories in the amount of
$80,000 to the Administration category for administration benefit pay-out:
and,
WHEREAS, the Schools are also requesting a transfer of operating funds
from the Maintenance category in the amount of $70,000 to the
Transportation category for additional bus fuel expenses for the remainder of
the fiscal year.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of Isle of Wight County, Virginia authorizes the
Schools requests for the aforementioned categorical transfers.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized by the Board of Supervisors 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 (4-0) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Casteen absent at the meeting.
The Board received a presentation on the newly developed Newcomer Guide.
Beverly H. Walkup, Director of Planning and Zoning, presented a staff report
on the concept of a directional farm signage program.
Supervisor Jefferson moved to approve the program concept and staff was
authorized to implement ordinances changes as necessary. The motion was
adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and
Jefferson voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Casteen absent at the meeting.
Michael W. Terry, Director of Budget and Finance, provided a presentation
on the status and implications of the County's financial performance.
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Mary Beth Johnson, Director of Human Resources, presented a Resolution to
•
Amend Chapter 1: Personnel, Article I, Sections 1.2 and 1.6, Article XI,
Section 11.5, and Article XII, Sections 12.0-12.3 of the County Policy
Manual for the Board's consideration.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE I,
SECTIONS 1.2 AND 1.6, ARTICLE XI, SECTION 11.5, AND ARTICLE
XII, SECTIONS 12.0-12.3 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established an Equal Employment Opportunity
Policy, along with specific objectives of the County's Personnel Management
System, a Non-Discrimination and Anti-Harassment Policy, and a Violence
in the Workplace Policy under Chapter 1: Personnel, Article I, Sections 1.2
and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 of the
County Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel,
Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII,
Sections 12.0-12.3 of the County Policy Manual to clarify the provisions,
guidelines, rules and procedures of the Equal Employment Opportunity
Policy, objectives of the County's Personnel Management System, the Non-
Discrimination and Anti-Harassment Policy, and the Violence in the
Workplace Policy; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article
I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections
12.0-12.3 of the County Policy Manual is hereby amended as follows:
Chapter 1: Personnel
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•
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ARTICLE I
General Provisions
(Revised December 15, 2005, Revised May 21, 2015)
Section 1.2
(Revised December 15, 2005, Revised May 21, 2015)
Equal Employment OpportunityPolicy
Isle of Wight County than provide maintains and promotes equal
employment opportunity in all phases of employment and personnel
administration in accordance with State and Federal laws, executive orders
and regulations. No officer or employee of the County shall discriminate
against any employee or applicant for employment with regard to
recruitment, application, appointment, assignment, performance evaluation,
training, working conditions, promotion, demotion, discipline, lay-off,
discharge, retirement, or any other aspect of employment on the basis of race,
color, sex, creed, religion, national origin, age, Of disability') marital status, _
Amencans With Disabilities Mt (ADA) and Americans with
bisabilities Amendments Act (ADAAA) Provisions
_
lt is the policy of Isle of Wight County to comply with the Americans with
Disabilities Act (ADA) and the Americans with Disabilities Amendments Act
[ADAAA) prohibiting discrimination against applicants and employees with
'disabilities and, when needed, to provide reasonable accommodations to
!applicants and employees who are qualified for a job, with or without
basonable accommodations, so that they may perform the essential job dutie
of the position. It is the policy of Isle of Wight County to comply with all
federal and state laws concerning the employment of persons with disabilitie
find to act in accordance with regulations and guidance issued by the Equal
mployment Opportunity Commission (EEOC). Furthermore, it is the policy{
of , Isle of Wight ,County ,toprohilDit discrimination against qualified
: veteran status, genetic information, sexual orientation, or other non-job
'elated_ characteristicipiptected_by .applicable law;
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individuals with disabilities in regard to application procedures, hiring,
advancement, discharge, compensation, training or other terms, conditions
and privileges of employment. Employees and applicants with disabilities
requesting reasonable accommodations to perform essential job functions
should request such through the Human Resources Department.
No officer or employee of the County shall retaliate against any employee
with regard to recruitment, application, appointment, assignment,
performance evaluation, training, working conditions, promotion, demotion,
discipline, lay-off, discharge, retirement, or any other aspect of employment
because the employee has used or has participated in the County's grievance
procedure, has complied with any law of the United States, or of the
Commonwealth of Virginia, or has reported any violation of such law to a
governmental authority, or has sought any change in law before the Congress
of the United States or the General Assembly, or has reported an incidence of
fraud, abuse, or gross mismanagement to the Board of Supervisors, the
County Administrator, the County Attorney, or other governmental authority.
Section 1.6_ •
May 2J
Objectives and Scope
The specific objectives of the County's Personnel Management System are:
a. to establish and maintain a sound classification and compensation plan
which will attract and retain qualified employees
h. to assure fair treatment of applicants and employees in all aspects of
personnel management without regard to race, color, creed, religion,
age, national originor anccstry, sex, physical handicap Of disability ef relitieal-affiliatieft, marital status, veteran status, genetic information ;
sexual orientation,_ or other non-job related characteristic protected b3i,
@Pnlicatklaw
c. to maintain the compensation plan in a proper relationship with
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• competitive pay practices in the labor market in which the County
competes
d.to assure each County employee a performance review at specified
intervals
e.to provide effective control of salary payments on a uniform basis
f.to furnish County management with a consistent and effective means of
recognizing improved and outstanding performance
g.to recruit, screen, select and advance employees on the basis of their
ability, knowledge, and skills
h.to determine training needs to insure ensure quality performance and to
enable employees to realize their maximum potential.
• ARTICLE XI
Miscellaneous Policies and Regulations
(Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006,
Revised September 4, 2008,112evisedMo .2015)
Section 11.5
(Revised April 7, 2005, Revised May21,2015)
Non-Discrimination and Anti-Harassment Policy
•Isle of Wight County is committed to providing a work environment in which
all individuals are treated with respect and dignity. Each individual has the
right to work in a professional atmosphere that promotes equal employment
opportunities and prohibits discriminatory practices, including harassment.
Therefore, Isle of Wight County expects that all relationships among persons
in the workplace will be business-like and free of bias, prejudice, and
harassment.
•This policy applies to all persons working for and with Isle of Wight County,
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• regardless of employment status.
Equal Employment Opportunity
It is the policy of Isle of Wight County to be an equal opportunity employer,
to maintain a diverse workforce, and to create and maintain a working
environment free from discrimination and harassment. Any form of
unlawful discrimination, including harassment based on ensure equal
" . rimination or harassment on the basis of
race, color, national origin, religion, sex, age, disability, marital status,
veteran status, genetic information, sexual orientation, or other non-job
related or any other characteristic protected by applicable law is strictly
prohibited. Any employee found to have engaged in illegal discrimination or
harassment in the course of his/her employment will be subject to appropriate
disciplinary action, up to . and including termination of employment: Isle of
•
harassment.
Definitions Types of Harassment
Sexual Harassment - constitutes is a form of discrimination and is illegal
under federal, state and local laws. For the purposes of this policy, sexual
harassment is defined, consistent with the Equal Employment Opportunity
Commission Guidelines, as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when, for
example:
1.kc-cepting or tolerating Submission to such conduct is made
explicitly or implicitly a term or condition of an individual's
employmen4 oi
2.Accepting_or_yercting such conduct by an individual is used as a
basis for employment decisions affecting that individual pit „
applicant Of employee; afid/ot
3.Such conduct has the purpose or effect of unreasonably •
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• interfering with an individual's work performance, or creating an
intimidating, hostile or offensive work environment.
Sexual harassment may include a range of subtle and not so subtle behaviors
and may involve individuals of the same or different gender. Depending on
the circumstances, these behaviors may include, but are not limited to:
unwanted sexual advances or requests for sexual favors; sexual jokes and
innuendo; verbal abuse of a sexual nature; commentary about an individual's
body, sexual prowess or sexual deficiencies; leering, catcalls or touching;
insulting or obscene comments or gestures; display or circulation in the
workplace of sexually suggestive objects or pictures (including through e-
mail); and other physical, verbal or visual conduct of a sexual nature. Sex-
based harassment, harassment not involving sexual activity or language (i.e.,
male manager yells only at female employees and not males), may also
constitute discrimination if it is severe or pervasive and directed at employees
because of their sex.
Workplace Harassment includes any unwelcome verbal/physical conduct °if
written communication that either denigrates or shows hostility or aversion
owards a person on the basis of race, color, national origin, religion, sexi
age, disability, marital status, veteran status, genetic information, sexual
'orientation, or other non-job related Characteristienotected by applicable law
04; _
Has the purpose or effect of creating an intimidating,
hostile or offensive working environment; or
Has the purpose or effect of unreasonably interfering with
an employee's work performance; or
•Affects an employee!. s .employment,opportunities ot
:compensation,
Harassing conduct includes, but is not limited to: epithets, slurs or negative
stereotyping; threatening, intimidating or hostile acts; denigrating jokes and
the display or circulation in the workplace of written or graphic material that
denigrates or shows hostility or aversion toward an individual or group
(including through e-mail).
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on the basis of any other protected characteristic is also strictly prohibited.
al conduct that denigrates or
flows hostility or aversion to an individual becau
religion, fratienal origin, age, disability, or any other characteristic protected
by law or that of his/her relatives, friends or associates, and that:
"
of unr asonably interfering with an
individual's work performance; or
Individuals and Conduct Covered
These ThiS policies policy apply applies to all applicants and employees, and
prohibits harassment, discrimination and retaliation whether engaged in by
fellow employees, by a supervisor or manager, or by someone not directly
connected to Isle of Wight County (i.e., an outside vendor, consultant, or
citizen).
Conduct prohibited by these this policies 'policy is unacceptable in the
workplace and in any work-related setting, such as during business trips,
business meetings and business-related social events.
Retaliation is Prohibited
Isle of Wight County expressly prohibits retaliation against any individual
who reports discrimination or harassment or participates in an investigation
of such reports. However, this policy does not grant license for employees to
engage in the unfounded .oLvindictive_ accusation of others. Retaliation
against an individual for reporting harassment or discrimination or for
participating in an investigation of a claim of harassment or discrimination is
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a serious violation of this policy and, like harassment or discrimination itself,
will be subject to disciplinary action.
Employee Responsibilities
Each employee of the County is responsible for engaging in and promoting
workplace behaviors that create and maintain an environment of respect and
promote effective teamwork. Employees are also responsible for reporting
behaviors that damage the environment. Employees who experience
harassment are encouraged to make it clear to the offender, at the time of the
occurrence, that such behavior is offensive. Any employee who believes that
he or she is being harassed is urged to contact the Director of Human
Resources immediately.
Management Responsibilities
• _
Managers and supervisors have a greater responsibility, not only to model
espectful, professional conduct at the workplace, but also to maintain an
environment of respect and effective teamwork in their work areas.
Managers and supervisors shall;
Ensure his/her employees are aware of the County's Non-,
Oiscrimination and Anti-Harassment Policy and emphasize that
harassment will not be tolerated and may result indisciplinar)!,
iiction, up to and including termination; and
}A , Create and maintain a workplace that is free ti To-rnicara-s-srrient; „
'and
MoiniOrTilie-WOos environMentjor sfinTs.ijit harassment may be
bccurring; and
in _Counsel employees on the prOcTejanries. for relp_Ort- ing and resolving
bomplaints of harassment; and
)11 Refrain from participating in or -enciourag—inglacliOns that could b
Managers and supervisors who observe or are made aware of harassment oif
•tliscrimination taking place in, the workplace are required_to report the
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• harassment to the Director of Human Resources immediately. All allegations
of harassment and discrimination will be investigated by the Human
Resources Department as expeditiously as possible. Managers and
supervisors who allow harassment or discrimination to continue or fail to
take appropriate corrective action upon becoming aware of the harassment or
discrimination shall be considered a party to the harassment, even though
they may not have engaged in the actual behavior, and shall be subject to
disciplinary action. Any questions regarding the County's Non-
Discrimination and Anti-Harassment Policy that a manager or supervisor is
unable to answer should be referred to the Director of Human Resources.
Complaint Procedure
Isle of Wight County requires the reporting of all incidents of discrimination,
harassment, or retaliation, regardless of the offender's identity or position.
Individuals who believe they have experienced conduct that they believe is
contrary to this policy or who have concerns about such matters should make
their complaints with the Director of Human Resources, Orin cases of hisfher
gbsence, the Assistant County Administrator, County Administrator, County
Attorney, or their supervisor before the conduct becomes severe or pervasive.
Individuals should not feel obligated to file their complaints with their
immediate supervisor first before bringing the matter to the attention of the
birector of Human Resources or in cases of his/her absen. a', one of the other
county designated representatives identified above. the Department of
Human Resources is responsible for _ the of all
,pornplaints of discrimination/harassment;
Early reporting and intervention have proven to be the most effective method
of resolving actual or perceived incidents of harassment. Therefore, while no
fixed reporting period has been established, Isle of Wight County strongly
urges the prompt reporting of complaints or concerns so that rapid and
constructive action can be taken. Isle of Wight County will make every effort
to stop alleged harassment before it becomes severe or pervasive, but can
only do so with the cooperation of its employees.
intifpyees who exiierierice_harassment_are encouragedto make it:Clear to the
•
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•
•
•
offender, at the time of the occurrence, that such behavior is offensive. If the
situation cannot be resolved by the employee or if the offensive behavior is
repeated, the employee may make a complaint. Employees should report
incidents of harassment as soon as possible after the incident occurs. Other
avenues to filing a complaint include the County's Grievance Procedure to
remedy complaints of discrimination in any employment practice based on
the employee's race, color, national origin, religion, sex, age, disability,
inarital status, veteran status, genetic information, sexual orientation, or other
non-job related characteristic protected by applicable law. The eligible
employee should contact the Human Resources Department for the Grievance
Procedure.
The availability of this complaint procedure does not preclude individual
who believe they are being subjected to harassing conduct from promptly
advising the offender that his or hcr behavior is unwelcome and requesting
that it be discontinued.
Any supervisor or manager who becomes aware of possible sexual or other
"
Z
his/her designee.
Managers-and-supervisors who allow sexual harassment to continue or who
fail to respond accordingly to allegations of such harassment will be subject
to disciplinary action, up to and including termination of employment.
The Investigation
Any reported allegations of harassment, discrimination, or retaliation will be
investigated promptly, thoroughly and impartially. The investigation may
include individual interviews with the parties involved and, where necessary,
with individuals who may have observed the alleged conduct or may have
other relevant knowledge.
Confidentiality will be maintained throughout the investigatory process to the
extent consistent with adequate investigation and appropriate corrective
action.
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• Responsive Action
Misconduct constituting harassment, discrimination or retaliation will be
dealt with promptly and appropriately. Responsive action may include, for
example, training, referral to counseling, monitoring of the offender, and/or
disciplinary action such as warning, reprimand, reassignment, temporary
suspension without pay, or termination, as the County believes is appropriate
under the circumstances. The unwelcomeness, frequency, severity of the
behavior, statutes, and the County's Policy determine whether harassment
has occurred.
Finally, these policies may not be used as a basis for excluding or separating
individuals of a particular gender, or any other protected characteristic, from
participating in business or work-related social activities or discussions in
order to avoid allegations of harassment. The law and the policies of Isle of
Wight County prohibit disparate treatment on the basis of sex or any other
protected characteristic, with regard to terms, conditions, privileges and
perquisites of employment. The prohibitions against harassment,
discrimination and retaliation are intended to complement and further these
policies, not to form the basis of an exception to them.
Article XII
Violence in the Workplace _
(Adopted November 4, 2004, Revised October 4, 2007, Revised May V t
!.2015)
Section 12.0 _ (Revised October 4, 2007, Revised May 21 ., 201.4
Violence in the Workplace
Purpose
The County of Isle of Wight desires to provide a safe environment for
County employees, volunteers, individuals providing temporary services, and
•
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70
•
citizens who conduct business on County property. The County maintains a
zero tolerance policy towards workplace violence and threatening behavior.
Employees violating this policy will be subject to disciplinary action, up to
and including, involuntary termination.
The County has developed this policy to help reduce the risk of violence by
establishing a standard procedure for dealing with threatening and/or violent
situations in the workplace. When a threat has been reported or management
determines that a potential for violence exists, management may require an
employee to undergo an assessment to determine the risk of danger. The
Employee Assistance Program (EAP) may assist the County by facilitating, a
i-eferral to an appropriate resource for this assessment.
Section 12.1
(Revised October 4, 2007, Revised May 21, 2015)
Prohibited Conduct
The following acts and behaviors are examples of prohibited conduct. This
list is intended to serve as a representative sampling of the kinds of actions
the County will consider improper, which means it does not contain all of the
possible actions that would be deemed inappropriate under this policy.
a.Physical assault. This includes, but is not limited to, any unwanted or
hostile physical contact with another person such as hitting, fighting,
pushing, shoving, or intentionally throwing objects at or towards
another person.
b.Threatening to physically assault or harm an individual in any way. A
threat is improper regardless of whether the person communicating the
threat has the present ability to carry it out and regardless of whether
the threat is contingent, conditional, or future. Additionally, a threat is
not permissible even if it is expressed in veiled terms Conduct that
constitutes a threat is prohibited regardless of whether it is
communicated verbally, in writing, or electronically (such as by e-
mail). In addition, a threat is impermissible whether it is
71
• communicated directly to the intended victim or communicated in an
indirect way (such as to a third party).
c.Harassment. This includes, but is not limited to, showing an obsessive
interest in another person to the extent a reasonable person would find
the behavior frightening or intimidating under all of the circumstances.
A few examples of prohibited conduct are stalking and repeated
unwanted verbal and/or written references to a grudge or to a romantic
interest.
d.Intentionally destroying or damaging property owned by the County, or
others.
e.Possessing weapons, including guns, knives, etc. during work hours
without authorization from the County Administrator. Even if the
employee has obtained a concealed weapons permit from the
Commonwealth of Virginia, County employees are prohibited from
carrying guns on County property unless required to do so by their
position.
Engaging in behavior that creates a reasonable fear of injury in another
erson.
- . ; injurious - Committing injurious acts motivated by, or related . to, domestic „
violence or sexual harassment:
b.. Retaliating against any 'employee who, n_good faith; reports a violation
Of this policy:
The County does not condone acts or behaviors that were supposedly only a
joke or not meant to be taken seriously. Any threat or act of violence will be
treated as though the instigator was serious. In addition, any conduct that has
the purpose of causing psychological harm and/or inducing fear will be
treated the same as conduct that has the purpose of causing physical harm.
•
•
72
• Section 12.2
(Revised October 4, 2007, Revised May 21, 2015)
Procedure: Employee Responsibilities In Cases Of Threats Or Violence
and Reporting of Convictions of Crimes Against a Person
Employees who believe they are being, or have been, subjected to an act or
behavior that violates this policy should immediately report the incident to
their supervisor. If the supervisor is the party who is engaging in the
improper conduct, employees should report the incident to their department
director or to the Director of Human Resources (or a designee).
If employees are in a situation that constitutes an emergency, they should
immediately contact the Sheriff's Office by dialing 911. To the extent
possible, employees should inform their supervisor of the incident at the time
it is occurring or to other appropriate parties mentioned above if the
supervisor is the perpetrator. In non-emergency situations, if the employee,
or the employee's supervisor, believes the questionable conduct may
constitute a criminal offense, the employee or the supervisor should contact
the Sheriff's Office within a reasonable time to report the matter and to
determine if the Sheriff will conduct a criminal investigation.
An employee who reports information in good faith in accordance with this
policy will not be subject to retaliation by the County (including discipline)
solely for making the report. Within its ability to do so under all of the
circumstances and considering its resources, the County will take reasonable
steps to provide safeguards in the workplace if an employee has legitimate,
ongoing concerns about potential violence from another individual.
Therefore, employees who have obtained a protective order from a court
should make their supervisor aware of the existence of the order.
rmy employee who is convicted of any "crime against the person" as defined
in Title 18.2, Chapter 4 of the Code of Virginia, 1950 as amended, shall
`report the conviction to his or her immediate supervisor within 24 hours of
notification of the conviction, or no later than the start of the next businesg
day,. ThRoNigation exists segardless .of_the state in which the employee _wag
•
•
73
convicted. The supervisor shall immediately contact Human Resources for a
determination regarding whether the on-duty or off-duty conduct has an
adverse impact on the employee's ability to perform their assigned duties and
responsibilities. Failure to report a conviction or the conviction itself may be
grounds for the employee's disciplinary action, up to and including,
termination.
Section 12.3
(Revised October 4, 2007, Revised May 21, 2015)
Procedure: Management Responsibilities In Cases Of Threats Or
Violence
If supervisors receive information that one of their employees may have or is
engaged in conduct that would be a violation of this policy, information
'should be gathered and documented and the supervisor shall immediately
contact the Human Resources Department. The supervisor should take the
necessary steps to obtain information about the situation, including
interviewing individuals who may have knowledge about the conduct.
Supervisors should document the steps they took in their review and the
results of the review. The supervisor must make the Department of Human
Resources aware of any matter that involves a violation or a potential
violation of this policy.
After completing their review of a situation, if the Human Resources
Department and supervisors determine that an employee has violated this
policy, they should recommend appropriate disciplinary action, up to and
including dismissal. For other violators of this policy (including volunteers;
individuals providing temporary services through an outside agency; and
citizens), appropriate action should be taken, taking into account all of the
circumstances. In a case that involves a threat of violence, the supervisor
should take reasonable steps that may be necessary to provide appropriate
safeguards in the workplace.
If supervisors receive a complaint or become aware of a situation that
: another department or a non employee, they
•
•
74
If supervisors receive a complaint or become aware of a situation that
involves a non-employee; they should initiate an investigation in conjunction
with other appropriate County departments and offices and take appropriate
action at the conclusion of the investigation.
If supervisors become aware of a situation that constitutes an emergency,
they should immediately contact the Sheriff's Office at 911; followed by the
County Administrator, then the Director of Human Resources. In non-
emergency situations, if the employee, or the employee's supervisor, believes
the questionable conduct constitutes a criminal offense, the employee or the
supervisor should contact the Sheriff's Office within a reasonable time to
report the matter and to determine if the Sheriff will conduct a criminal
investigation. If the Sheriffs Office becomes involved in a criminal
investigation, supervisors will cooperate with the Sheriff's investigation. •
The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Casteen absent at the meeting.
Responsive to staff's recommendation, Supervisor Darden moved that the
meeting be continued to June 3, 2015 at 6:00 p.m. for the purpose of meeting
jointly with the Planning Commission to discuss the public input and next
steps associated with the ISLE 2040 Plan. The motion was adopted by a vote
of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Casteen absent at the meeting.
The following informational items under the County Administrator's report
were identified: Monthly Reports: Tax Levies & Collections as of April
2015; Cash Position; and, Statement of the Treasurer's Accountability; Isle of
Wight County Monthly Fire/EMS Call Summary and Other Statistics FY
2014/2015; FYI - Isle of Wight Sheriff's Monthly Activity Report/April
2015; Isle of Wight Website Statistics/April 2015; Solid Waste Division
75
Litter Pickup; COMCAST; County Awarded Excellence in Financial
Reporting by GFOA; WTWA Presentation from April BOS Meeting; and, a
VDOT Route 460 Status Update.
Chairman Alphin continued the meeting until 6:00 p.m. on June 3, 2015 in
the Board Room for the purpose of meeting jointly with the Planning
Commission to discuss public input and next steps associated with the ISLE
2040 Plan.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
76
ISSUE:
Resolution — Park and Recreation Month
BACKGROUND:
Isle of Wight County residents know that parks and recreation facilities
provide places to get active, explore nature, and connect with fellow
community members. What many people may not know is that parks
and recreation also contribute to improved health outcomes, higher
property values and environmental sustainability.
Parks and recreation have the power to strengthen communities,
transform lives and protect the future. That's why this year, Isle of
Wight County Parks and Recreation joins cities and counties across the
country in celebrating the power of parks and recreation for the 30'
anniversary of Park and Recreation Month—an annual event created by
the National Recreation and Park Association (NRPA) and celebrated
in July since 1985.
Isle of Wight Parks and Recreation will be celebrating Parks and
Recreation Month with Family Bingo Night at the Otelia J. Rainey
Community Center on Friday, July 17, 2015 and the Movies in the Park
event at Nike Park on Friday, July 31, 2015. The movie will be Disney's
Big Hero 6.
BUDGETARY IMPACT:
There is no direct budgetary impact.
RECOMMENDATION:
Adopt a resolution.
ATTACHMENT:
Resolution
41
DESIGNATION OF JULY AS PARK AND RECREATION MONTH
WHEREAS, parks and recreation programs are an integral part of
communities throughout this country, including the County of Isle of Wight,
Virginia; and,
WHEREAS, parks and recreation programs are vitally important to
establishing and maintaining the quality of life in our communities, ensuring
the health of all citizens, and contributing to the economic and environmental
well-being of the community and region; and,
WHEREAS, parks and recreation programs build healthy, active
communities that aid in the prevention of chronic disease, provide therapeutic
recreation services for those who are mentally or physically disabled, and also
improve the mental and emotional health of all citizens; and,
WHEREAS, parks and recreation programs increase a community's
economic prosperity through increased property values, expansion of the local
tax base, increased tourism, the attraction and retention of businesses, and
crime reduction; and,
WHEREAS, parks and recreation areas are fundamental to the
environmental well-being of the community; and,
WHEREAS, parks and natural recreation areas improve water quality,
protect groundwater, prevent flooding, improve the quality of the air we
breathe, provide vegetative buffers to development, and produce habitat for
wildlife; and,
WHEREAS, parks and natural recreation areas ensure the ecological
beauty of the community and provide a place for children and adults to connect
with nature and recreate outdoors; and,
WHEREAS, the U.S. House of Representatives has designated July as
Parks and Recreation Month; and,
WHEREAS, Isle of Wight County Parks and Recreation will be hosting
events to celebrate Parks and Recreation Month in Isle of Wight, such as
Movies in the Park at Nike Park and Family Bingo at the Otelia J. Rainey
Community Center; and,
fo
WHEREAS, the Isle of Wight County recognizes the benefits derived
from parks and recreation resources.
NOW THEREFORE, BE IT RESOLVED BY the Isle of Wight
County Board of Supervisors that July is recognized as Park and Recreation
Month in the County of Isle of Wight.
Adopted this 18th day of June 2015.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to form.
Mark Popovich, County Attorney
•)
ISSUE:
Recognition of Section 8 Program Staff
BACKGROUND:
The Section 8 Housing Voucher Program provides housing assistance
for low-to-moderate income families in Isle of Wight County. Effective
June 30, 2015, administration of the program will be transferred to the
Suffolk Redevelopment and Housing Authority for housing vouchers in
the Carrollton and Smithfield areas and transferred to the Franklin
Redevelopment and Housing Authority for vouchers in the Camptown,
Carrsville, Windsor, and Zuni areas.
The Board may wish to extend its appreciation to the Section 8 staff for
their efforts in closing out (administration only) the Isle of Wight
program in a professional and efficient manner while also in ensuring a
smooth transition of management of the program in service to our
citizens.
RECOMMENDATION:
Extend appreciation to the staff of the Section 8 program.
ATTACHMENTS:
None
S i
ISSUE:
Special Presentation — Introduction of the New Director of
Economic Development and Economic Development Activity
Report
BACKGROUND:
The County Administrator is pleased to advise that Thomas "Tom"
Elder joined the County as the new Director of Economic
Development for Isle of Wight County on June 1st•
Mr. Elder brings over 25 years of economic development and
commercial real estate related experience, including most recently
serving as Executive Vice President for the Hampton Roads
Economic Development Alliance, which serves fifteen
municipality members.
Mr. Elder received his Bachelor's Degree from Washington and
Lee University and completed two years of professional education
and development through the Economic Development Institute.
His career spans both the public and private sectors, including over
nine years of service in the City of Chesapeake Economic
Development Department as the Assistant Director, serving as
Marketing Manager for the Hampton Roads Economic
Development Alliance, and experience in the commercial real
estate arena.
Mr. Elder's professional affiliations include membership in the
Hampton Roads Association of Commercial Real Estate and
International Economic Development Council.
Economic Development staff will also present an overview of the
economic activity highlights in the County for the past year as well
as review the 2014 Economic Development Annual Report.
June 18, 2015/CBM
RECOMMENDATION:
Welcome the new Director of Economic Development to the
County.
Receive the Economic Development Activity Report
ATTACHMENT:
Copies of the 2014 Economic Development Annual Report will be
distributed at the June 18, 2015 meeting.
June 18, 2015/CBM
ll
ISSUE:
Newport Development Service District Retail Analysis Update
BACKGROUND:
•
S.
In March 2015, the Economic Development Department hired H.
Blount Hunter Retail and Real Estate Research to perform an
update to the original 2007 Benn's Grant Retail Analysis (the
study). The study provides an analysis of the existing retail market
in Isle of Wight County using current economic conditions and
property statistics. Economic Development as well as other
County departments will utilize the updated study to market the
business opportunities in the County for retailers seeking to open
new locations. A copy of the study is attached for your
information.
The following is a brief summary of the study's findings:
•The County does experience a significant amount of sales
tax revenue "leakage" due to local residents and businesses
purchasing goods and services outside of the County;
•Although the County has a fair representation of
convenience goods, residents have few options to purchase
comparison goods (ie, furniture, clothing, and appliances),
thus creating a per capita spending deficit in this category;
•The deficit in the comparison goods retail category
represents an opportunity to attract a mass merchandise
retailer to the County;
•The presence of a mass retailer, such as a Kroger
marketplace, would help to attract other retailers and
restaurants to the area;
•The County's relatively small residential population and
daytime employment population in the area currently limits
its ability to attract upscale specialty retailers, such as
Target, Starbucks, Panera Bread and Chick-Fil-A.
Board of Supervisors Regular Meeting
June 18, 2015
Blount Hunter will make a special presentation at the June 18,
2015, regular meeting of the Board of Supervisors summarizing
the study's findings.
BUDGETARY IMPACT:
None
RECOMMENDATION:
There is no action required.
ATTACHMENT:
Copy of the Newport DSD Retail Analysis dated June 5, 2015
Board of Supervisors Regular Meeting
June 18, 2015
NEWPORT *SD
ET/UL DEVEL•PMENT
A ALYSOS
ISLE OF YIGKT COUNTY, VA
1202 Westover Avenue / Norfolk, VA 23507 757.626.0757 blount@infionline.net
0)
This report has been prepared for Isle of Wight County's Department of Economic Development to
evaluate prevailing retail conditions and to establish a framework for broadening the retail base in
the Newport Development Service District. A key element in the assignment is to provide objective
guidance to establish realistic expectations about the type of retailers that are within reach given
current and projected levels of consumer support.
Citizens are typically unfamiliar with the minimum levels of sales that must be anticipated by
retailers and restaurateurs before they open new locations. These sales thresholds are directly
related to profitability and acceptable return on capital investment. Merchants usually have
multiple options for new sites and the demands of today's financial climate leave limited tolerance
for marginal opportunities. The capital they deploy to open a store with uncertain performance
prospects could (and should) be used to open a store with better performance prospects.
Chain retailers tend to use models of varying levels of complexity to assist in evaluating site
opportunities. These models have been developed using sales from stores with profitable levels of
sales and the demographics of documented trade areas surrounding existing stores. It is difficult to
convince retailers or restaurant operators to open new locations that do not promise to achieve at
least "average" sales performance for their chains. The days of opening new locations solely in the
name of growth are long gone.
Awareness of the full breadth of the retail offering in a large metropolitan area can cause residents
on the fringe of the region to be frustrated with limited retail options in their community. Many Isle
of Wight County residents no doubt want more shops and restaurants closer to home. But,
retailing follows rooftops, and a community's retail mix evolves as the community itself grows and
evolves.
This evaluation and its recommendations are intended to explain where Isle of Wight County
stands in its retail evolution and what to anticipate in terms of retail and restaurant development as
the county gains population over the next few years.
blatAa
Blount Hunter
H. Blount Hunter Retail & Real Estate Research Co.
May, 2015
/1 .11j}ti)
Isle of Wight County is a growing county on the western edge of South Hampton Roads. The
county wishes to balance residential / commercial growth with its long-term agricultural base.
Several service districts have been created to focus growth in specific geographic areas where
public utilities will be available.
Isle of Wight's retail base is a prime example of "county seat" retailing. Residents from throughout
the county look inboard toward Smithfield and the Newport DSD for their routine shopping needs.
Smithfield's historic Main Street has transitioned into a boutique shopping and dining district while
several shopping centers plus numerous freestanding stores and restaurants are located on busy
corridors including Route 10 and near the intersection with Route 258 and on Route 17/258
between Route 32 and the James River Bridge.
The population in Isle of Wight County is relatively modest although a drive time comparison shows
the Isle of Wight retail market to be superior in population and household income to the retail
market surrounding Franklin. This comparison is meaningful since Franklin's retail and restaurant
base appears to have evolved more than Isle of Wight's base. A traditional retailer site
requirement is 50,000 residents within a 3-mile radius of a proposed store location. Aggregating a
trade area of 50,000 residents in Isle of Wight County requires rings or drive times that exceed the
parameters used by most retailers.
Much of the merchandise currently offered within Isle of Wight County consists of "convenience
goods" sought on a frequent basis. Residents have few options for "comparison goods" such as
apparel/shoes and household furnishings. This situation is typical of small retail markets and does
not reflect deficiencies in the Isle of Wight County consumer base.
Wa!mart is a high-probability candidate for Isle of Wight County's next phase of retail evolution.
Wa!mart's closest existing stores are located in Newport News (approximately 11 miles away).
Walmart also operates stores in Suffolk and Franklin at distances of 16 and 34 miles respectively
from the Newport DSD. Spending potential across multiple merchandise categories will support
Wa!mart without the presumption of damaging sales transfer from existing retailers. In today's
retail world, Walmart is the sole viable candidate since this market opportunity does not deliver
Target's required customer base of 100,000 residents nor does the Isle of Wight retail market seem
capable of sustaining Kroger's expectation of weekly sales of $1 million (annual sales volume $52
million) in its Marketplace stores.
Walmart is a formidable competitor in merchandise categories ranging from groceries to
automobile tires and batteries; however, many retailers have learned how to co-exist with Wa!mart
and others succeed as shopping center co-tenants with Walmart. Several compatible co-tenants
have site selection criteria that mesh with the population of Isle of Wight's retail trade area.
Most of the proposed shopping centers in the county are small in total square footage. By size,
these centers are destined to be unanchored neighborhood convenience centers that will not be
compelling to most "comparison goods" retailers interested in Isle of Wight County. At 234,000
square feet, The Crossings could accommodate a moderately-sized VValmart store with adjacent
retail tenants. On the other hand, the proposed Benn's Grant shopping center appears to be over-
sized if the full center as proposed at 533,000 square feet is contemplated in a single phase.
Securing Wa!mart as an anchor at either of these locations represents the best opportunity for • drawing new retailers and restaurants to Isle of Wight County.
2
Isle of tellighi Gout tiy beinogiziptib afitV PrOfik:
Ilk Isle of Wight County is a predominantly rural county on the western edge of the urbanized portion
of South Hampton Roads. The county has a total land area of 316 square miles and is bounded to
the northeast by the James River, the City of Suffolk to the southeast, the City of Franklin and
Southampton County across the Blackwater River to the west, and Surry County to the northwest.
Smithfield and Windsor are the two incorporated towns within the county.
•
Residential growth has been fueled by high quality of life in a relaxed setting that offers easy
access to all major employment centers on the Southside of the Hampton Roads harbor and a
direct link to the Peninsula via the James River Bridge. New residents tend to have relatively high
household income levels; many commute to white collar jobs on the Peninsula via the James River
Bridge or to other communities on the Southside. The most recent data collected by the Virginia
Employment Commission shows approximately 6,500 in-commuters and 11 1 100 out-commuters.
NON-AGRICULTURAL EMPLOYMENT COMMUTING NET INFLOW
I Live- and work in Isle 61 Wight County I 2,883
[ frij&Fnmilferi
1 — ii-13
[Out-Commuters 1 11,137
[ Net In-Commuters - 4,624
"Smart growth" planning principles have lead to the creation of Development Service Districts
(DSDs) where residential and commercial development are anticipated and where the community
can provide utilities in an economical and efficient manner. Most of the county will remain rural
with low density population at citizens' request.
3
The Newport DSO includes 1900, approved residential units out of approximately 4,800 additional
allowed units. A proposed growth plan that would allow for the long-term build-out of 13,600
additional residential units in an expanded Newport DSD was presented to the Board of
Supervisors in October, 2014 and will be presented to the Planning Commission and Board of
Supervisors for consideration. This potential growth is not reflected in the state's official population
projections for Isle of Wight County.
The creation of the Newport DSD serves to concentrate residential growth in a manner that is
beneficial to retail development. Retail development potential is enhanced by the concentration of
residential development. Retail development potential is also enhanced by higher residential
density that allows for larger population than envisioned several years ago.
Isle of Wight County's population growth has been well ahead of the state's rate of growth. The
county is expected to add an average of approximately 355 residents annually between 2010 and
2020 although this rate of growth is subject to change if increased density is permitted in the
Newport DSD or if the DSD boundaries are expanded.
POPULATION GROWTH AND PROJECTIONS
ISLE OF WIGHT COUNTY VS. VIRGINIA
01
1990
ISLE OF WIGHT COUNTY
POPULATION 10-YR. CHANGE
VIRGINIA
10-YR. CHANGE _1
25,178
2000 29,889 18.7 percent 14.3 percent
2010 35,270 24.0 percent 13.0 percent
2014 36,172
2020 38,828 10.1 percent 10.1 percent
2030 41,946 8.0 percent 9.5 percent
2040 44,922 15.7 percent 9.2 percent
SOURCES U.S. Census Bureau; Weldon Cooper Center
Agriculture and farming are leading industries in Isle of Wight County. The County has a total of
205,143 acres of which 175,100 acres are covered by zoning that preserves rural
character/agricultural use. The County's "right-to-farm" policy protects farmers' practices as unique
and necessary aspects of agribusiness.
Isle of Wight County's second most important employment sector is manufacturing with more than
5,000 employees (44 percent of the non-agricultural labor force). Meat packing is the dominant
form of the manufacturing sector. The list of Top 10 Employers shows the importance of meat
processing, warehousing/logistics, retailing, and local government.
TOP 10 EMPLOYERS IN ISLE OF WIGHT COUNTY
1. Smithfield Packing Company 6. C. R. England, Inc.
2. Isle of Wight School Board 7. Food Lion Supermarkets
3. Green Mountain Coffee Roasters 8. Riverside Regional Medical Center
4. Isle of Wight County 9. Cost Plus, Inc.
5. International Paper Co. 10. Smithfield Foods
SOURCE. Virginia Employment Commission
4
•
•
Isle of Wight County has historically enjoyed a lower level of unemployment than Virginia and the
nation. Since 2010, the county's unemployment rate has slightly exceeded the state's
unemployment rate.
ANNUAL UNEMPLOYMENT RATE COMPARISON
ISLE OF
WIGHT CO. VIRGINIA U.S.
2003 3.6 percent 4.1 percent 6.0 percent
2004 3.4 percent 3.7 percent 5.5 percent
2005 3.6 percent 3.5 percent 5.1 percent
2006 3.1 percent 3.0 percent 4.6 percent
2007 2.9 percent 3.1 percent 4.6 percent
2008 3.7 percent 4.0 percent 5.8 percent
2009 6.4 percent 7.0 percent 9.3 percent
2010 7.4 percent 7.1 percent 9.6 percent
2011 6.8 percent 6.4 percent 8.9 percent
2012 6.0 percent 5.9 percent 8.1 percent
2013 5.6 percent 5.5 percent 7.4 percent
2014 estimate 5.3 percent 5.1 percent 6.2 percent
SOURCE: Virginia Employment Commission
Isle of Wight's growth has been accompanied by a steady increase in per capita personal income.
While the County's average lags the state's average personal per capita income, it exceeds the per
capita personal income averages in Suffolk and Chesapeake.
PERSONAL PER CAPITA INCOME GROWTH
2009 TO 2013
ISLE OF I I
WIGHT CO. j SUFFOLK] CHESAPEAKE j
VIRGINIA
BEACH VIRGINIA
2009 $39,308 $36,428 $39,952 $45,749 $44,056
2010 $40,634 $37,341 $40,867 $46,429 $44,836
2011 $42,883 $39,279 $42,504 $48,706 $47,076
2012 $45,247 $41,344 $44,681 $50,651 $48,715
2013 $45,759 $41,749 $44,562 $50,662 $48,838
SOURCE: Bureau of Labo- Statistics
S: Total taxable sales within Isle of Wight County have increased at an average annual compound
rate of 2.4 percent since 2000. Retail sales growth is the result of a combination of factors
including an increase in the number of retail establishments within the county, population growth,
and increases in household income.
•
TOTAL TAXABLE SALES
ISLE OF WIGHT COUNTY
ANNUAL
MILLIONS INCREASE
1984 $ 71.3
1986 $ 78.6 + 5.0 percent
1988 $ 99.3 +12.4 percent
1990 $104.9 +2.8 percent
1992 $104.0 -0.4 percent
1994 $128.0 +10.9 percent
1996 $136.4 + 3.2 percent
1998 $140.6 + 1.5 percent
2000 $151.7 + 3.9 percent
2002 $150.5 -0.4 percent
2004 $177.5 + 8.6 percent
2006 $197.1 + 5.4 percent
2008 $207.5 + 2.6 percent
2010 $193.1 -3.5 percent
2012 $201.2 +2.1 percent
2014 $212.8 +2.8 percent
SOURCE: Virginia Department of Taxation
Retail merchandise generally falls into one of two basic classifications:
1."Convenience Goods"
2."Comparison Goods"
"Convenience goods" include groceries, health and beauty products, greeting cards, and other
goods purchased on a daily or weekly basis by most consumers. "Convenience goods" retailers
generally have broad appeal in order to serve as many consumers as possible, and annual
spending on "convenience goods" is highly predictable since most "convenience goods" are
necessities rather than discretionary purchases.
"Comparison goods" include clothing and shoes. electronics/appliances, home furnishings, jewelry,
sporting goods, books, and other items purchased on an occasional basis usually after comparing •
6
options as part of the final purchase decision. Consumer spending capacity (i.e. income) and
preferences (i.e. tastes) heavily influence the purchase of "comparison goods."
"Convenience goods" represent the most basic level in the hierarchy of retailing and are typically
matched to neighborhood and community level trade areas.
"Convenience goods" retailers have different consumer support requirements than "comparison
goods" retailers. Every consumer (or household) routinely purchases "convenience goods" but
"comparison goods" are purchased on a discretionary basis. "Comparison goods" purchasing is
influenced by "wants" rather than "needs" and is subject to subjective factors such as style/design
(fashion) as well as price point. As a result, "comparison goods" retailers require locations that are
readily accessible to larger consumer bases to allow for adequate consumer support. In
contemporary U.S. retailing, "comparison goods" retailers often co-locate in critical mass clusters in
order to harness the collective drawing power of multiple compatible retailers. This is the principle
behind the development of shopping centers.
In recent decades, Walmart has become the super-sized variety store that offers a mix of
"convenience goods" and "comparison goods." In some instances, Wa!mart has been criticized for
being too powerful as it absorbs a disproportionate share of spending potential in a community. In
other communities, Walmart has been praised as the anchor that solidifies the retail base.
Isle of Wight County is an emerging market that currently lacks the full offering of retail goods
associated with larger population bases. The most prevalent layer of retail is "convenience goods"
such as groceries and everyday needs although Peebles, Roses, and Olympia Sports are
examples of retailers in Isle of Wight offering "comparison goods."
2014 SALES BY STORE CATEGORY
ISLE OF WIGHT COUNTY
"Convenience Goods"
Food & Beverage Stores $70,333,859
Health and Personal Care Stores $ 1,595,535
"Comparison Goods"
Clothing Stores $ 3,155,626
General Merchandise Stores $15,058,574
Furniture/Furnishings Stores $ 1,970,161
Building Materials Stores $ 5,742,507
Sporting Goods/Hobby/Book/Music Stores $ 1,741,778
Restaurants $28,003,995
SOURCE: Virginia Department of Taxation
As shown in the table on the following page, Isle of Wight County's 2014 per capita sales in food &
beverage stores (i.e. grocery stores) are similar to the statewide per capita. This category of stores
is well-represented in Isle of Wight County therefore per capita sales are on par with the state per
capita. •
Isle of Wight County's per capita sales in health and personal care stores is slightly below the state
per capita suggesting that the county's drug stores are not capturing full spending despite
reasonable representation of stores in this category. It is possible that some county residents are
using drug stores near medical offices and/or places of employment outside of the county.
Per capita spending in categories of "comparison goods" stores in Isle of Wight County is well
below state per capita spending levels. This demonstrates the under-representation of these types
of stores in the county. Demand exists but stores are not present to capture spending. County
residents are spending their dollars in "comparison goods" stores and restaurants outside of the
county where greater selection can be found.
2014 PER CAPITA SALES
ISLE OF WIGHT COUNTY VS. VIRGINIA
ISLE OF WIGHT CO. VIRGINIA
Food & Beverage Stores $1,944 $1,905
Health and Personal Care Stores $103 $192
Clothing Stores $87 $585
General Merchandise Stores $416 $2,074
Furniture/Furnishings Stores $54 $256
Building Materials Stores $212 $690
Sporting Goods/Hobby/Book/Music Stores $33 $209
Restaurants $774 $1,518 • SOURCE: Virginia Department of Taxation; H. Blount Hunter Retail & Real Estate Research Co.
Compared to the state's "balanced" retail market, Isle of Wight shows deficiencies in "comparison
goods" categories including general merchandise, furniture, building materials/garden supplies,
clothing/accessories, and sporting goods/hobbies/books/music. These "imbalances" reflect the
absence of stores--not the absence of demand. In the absence of a full assortment of retail stores,
the County's sales are disproportionately weighted toward food and beverage stores.
2014 SHARES OF SALES BY STORE CATEGORY
ISLE OF WIGHT VS. VIRGINIA
ISLE OF WIGHT
SALES_ _1
COUNTY
PERCENT
VIRGINIA
PERCENT I
Food & Beverage Stores $70,333,859 53.7 percent 25.0 percent
Health and Personal Care Stores $ 1,595,535 2.8 percent 2.5 percent
Clothing Stores $ 3,155,626 2.4 percent 7.7 percent
General Merchandise Stores $15,058,574 11.5 percent 27.2 percent
Furniture/Furnishings Stores $ 1,970,161 1.5 percent 3.4 percent
Electronics/Appliances N/D 2.5 percent
Building Materials Stores $ 5,742,507 5.8 percent 9.1 percent
Sporting Goods/Hobby/Book/Music Stores $ 1,741,778 0.9 percent 2.7 percent
Restaurants $28,003,995 21.4 percent 19.9 percent • SOURCE: Virginia Department of Taxation
8
• There are numerous sales gaps in Isle of Wight County based on Virginia per capita sales by store
category in 2014. The largest gaps ("voids") are associated with general merchandise stores,
restaurants, clothing/shoe stores, and building materials stores. It is likely that county residents are
spending aggregate amounts comparable to the,gap volumes in stores outside of Isle of Wight
County.
GAP / SURPLUS ANALYSIS
ISLE OF WIGHT COUNTY SALES VS. DEMAND
SALES DEMAND
GAP OR
(SURPLUS1
Food & Beverage Stores $70,333,859 $68,915,294 ($ 1,418,565)
Health and Personal Care Stores $ 3,726,670 $ 6,931,506 $ 3,204,836
Clothing Stores $ 3,155,626 $21,164,771 $18,009,145
General Merchandise Stores $15,058,574 $75,034,107 $59,975,533
Furniture/Furnishings Stores $ 1,970,161 $ 9,258,454 $ 7,288,293
Building Materials Stores $ 5,742,507 $24,947,244 $17,276,298
Sporting Goods/Hobby/Book/Music Stores $ 1,741,778 $ 7,566,830 $ 6,389,571
Restaurants $28,003,995 $54,906,052 $26,902,057
SOURCE: Virginia Department of Taxation; H Blount Hunter Retail & Real Estate Research Co.
Franklin's retail base serves as an illustration of a rural retail base that has gained a large national • general merchandise store and a large building supply chain store. By virtue of having Waimea
and Lowes, the Franklin/Southampton County retail market is one step ahead of Isle of Wight
County in its retail evolution.
The table below demonstrates the impact on per capita sales of having Wa!mart and Lowes in
Franklin. Per capita general merchandise store sales are five times higher in Franklin than in Isle
of Wight County while building material store sales are between three and four times higher in
Franklin than in Isle of Wight County.
2014 PER CAPITA SALES
ISLE OF WIGHT COUNTY VS. FRANKLIN/SOUTHAMPTON COUNTY
ISLE OF WIGHT CO.
FRANKLIN/
SOUTHAMPTON CO.
Food & Beverage Stores ,944 $1,187
Health and Personal Care Stores $103 $80
Clothing Stores $87 $66
General Merchandise Stores $416 $2,281
Furniture/Furnishings Stores $54 $96
Building Materials Stores $212 $784
Sporting Goods/Hobby/Book/Music Stores $33 $17
Restaurants $774 $784
SOURCE Virginia Departmert of Taxattn; H Blount Hunter Retail & Real Estate Research Co •
9
• A comparison with Franklin is appropriate given the amount of retail development at the
intersection of Armory Drive (Route 617) and Route 58. In addition to a full offering of
"convenience goods," Franklin has "comparison goods" retailers including Weimar' plus Belk,
Rose's, Sears, and Lowe's. In addition to a full assortment of fast food outlets, the Franklin node
has attracted Applebee's.
Franklin's strategic location on U.S. Route 58 mid-way between Suffolk and Emporia establishes a
regional trade area with easy access from east and west. Route 258 provides direct access to
Franklin from Hertford and Northampton counties in North Carolina. •
Franklin's retail trade area is geographically extensive but the demographics within 10- and 20-
minute drives of Smithfield are superior to the demographics within 10- and 20-minute drives of
Franklin. The most significant difference is in household income.
The demographic analysis indicates it is reasonable to believe that the market surrounding the
Newport DSD can support Walmart, Applebee's, and several other merchants present in Franklin.
DRIVE TIME DEMOGRAPHIC COMPARISON
SMITHFIELD/NEWPORT DSD VS. FRANKLIN
2015 POPULATION
10-MINUTE
DRIVE TIME
20-MINUTE
DRIVE TIME
Smithfield/Newport DSD 11,001 29,293
Franklin 11,589 22,750
2015 HOUSEHOLD COUNT
Smithfield/Newport DSD 4,232 11,430
Franklin 4,743 9,112
AVG. HOUSEHOLD INCOME
Smithfield/Newport DSD $100,520 $99,285
Franklin $54,163 $60,391
HOUSEHOLDS $50,000+
Smithfield/Newport DSD 3,060 6,191
Franklin 1,492 4,527
SOURCE: Neilsen Claritas
In addition to having superior demographics, Isle of Wight County's traffic counts are superior to
traffic counts in Franklin. The average daily traffic count on Benns Church Boulevard at South
Church Street in the midst of the retail corridor is 28,000 vehicles; the average daily vehicle count
on Route 17 in the Eagle Harbor area is also 28,000. In the Franklin area, the average daily
vehicle count on Route 58 is 20,000 while the average daily vehicle count through the retail
corridor on Armory Drive is 14,000.
Maps on the following page depict 20-minute drive radii surrounding the Newport DSD and
Franklin. Note that much but not all of Isle of Wight County falls within a 20-minute drive of the
Benns Church/Brewers Neck intersection. It is likely that Isle of Wight County residents living
between Windsor and Franklin will continue to be drawn to Franklin for shopping even if Walmart
and other retailers open stores in the general vicinity of Smithfield and the Newport DSD.
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I I
• The levels of "sales inflow" to retailers in the vicinity of Smithfield/Newport DSD and Franklin
generated by residents from beyond each locality's 20-mile drive radius are unknown. Some sales
inflow from Surry County would be expected in Isle of Wight County while some sales inflow from
North Carolina and Southampton County would be expected in Franklin. Substantial sales inflow
to Franklin could explain the presence of Wahart, Lowe's, and other retailers/restaurants that are
not located in the Newport DSD.
Some of the analysis in this report is based on county geography, although this is an artificial basis
for site selection because retailers think in terms of radii and drive times. The Isle of Wight County
Economic Development Department should present site opportunities using multiple means of
expressing the population dynamics of the probable retail trade area surrounding the existing retail
node near Benns Grant.
Demographics within 3-5-7 mile radii of the Smithfield/Newport DSD retail node are clearly superior
to the demographics within 3-5-7 mile radii of the Franklin retail node. In particular, average
household income around the Smithfield/Newport DSD node is nearly twice the level of the
average surrounding Franklin node. Unless the Franklin retail node is benefitting from substantial
"sales inflow," it represents a smaller retail market than the Smithfield/Newport DSD retail market.
3-5-7 MILE RADIUS DEMOGRAPHIC COMPARISON
SMITHFIELD/NEWPORT DSD NODE VS. FRANKLIN NODE
2015 POPULATION
3-MILE
RADIUS
5-MILE
RADIUS
7-MILE
RADIUS
Smithfield/Newport DSD 12,320 17,921 24,440
Franklin 9,859 12,999 16,403
2020 POPULATION
Smithfield/Newport DSD 12,917 18,821 25,749
Franklin 10,095 13,242 16,639
2015 HOUSEHOLD COUNT
Smithfield/Newport DSD 4,742 7,029 9,530
Franklin 4,053 5,309 6,653
2620 HOUSEHOLD COUNT
Smithfield/Newport DSD 4,962 7,407 10,066
Franklin 4,153 5,421 6,774
2015 AVG. HOUSEHOLD INCOME
Smithfield/Newport DSD $98,933 $98,061 $98,978
Franklin $52,060 $55,276 $57,454
2015 HOUSEHOLDS $50,000+
Smithfield/Newport DSD 3,390 5,053 6,874
Franklin 1,575 2.227 2.927
SOURCE Nelsen Claritas
12
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• (Larger images of these maps can be found in the Appendix on pages 22 and 23.)
13
A comparison with Suffolk illustrates the change in per capita spending by store category as a retail
market evolves with a greater component of "comparison goods" retailers. Suffolk's retail base has
expanded in recent years with the opening of two Walmart stores, a movie theater, restaurants,
and "comparison goods" retailers such as Kohl's, T.J. Maxx, Dick's Sporting Goods, and Bed Bath
& Beyond. Retail development in Suffolk has occurred because the city is approaching a
population threshold of 100,000 residents and because the Harbor View area in Suffolk is easily
accessible from nearby densely-populated areas of Chesapeake and Portsmouth.
Note that Suffolk's per capita spending levels in several "comparison goods" store categories have
reached or are approaching Virginia's per capita spending levels in those categories. These are
categories that have become well-represented by businesses in Suffolk in recent years.
2014 PER CAPITA SALES
ISLE OF WIGHT COUNTY VS. SUFFOLK
ISLE OF WIGHT CO. SUFFOLK VIRGINIA
Food & Beverage Stores $1,944 $1,294 $1,905
Health and Personal Care Stores $103 $122 $192
Clothing Stores $87 $197 $585
General Merchandise Stores $416 $2,108 $Z074
Furniture/Furnishings Stores $54 $140 $256
Building Materials Stores $212 $544 $690
Sporting Goods/Hobby/Book/Music Stores $33 $125 $209
Restaurants $774 $1,143 $1,518
The next step in the evolution of the Isle of Wight retail market is attracting a comprehensive mass
merchandise retailer to serve the broad general merchandise needs of the community. In today's
world, this means Walmart. Wa!mart would compete with existing businesses but its greater
impact would be retaining consumer spending by county residents in Isle of Wight County.
Curtailing sales outflow would result in positive sales tax gains for Isle of Wight County. The void
in general merchandise store sales has been measured at $59 million--more than enough to
support Wa!mart without assuming severe cannibalization of existing merchants' sales. Walmart's
ability to establish a strong critical mass retail node that will draw other retailers is one of the
benefits of securing this retailer in the vicinity of the Newport DSD. As Wa!mart demonstrates the
viability of the Isle of Wight retail market, more retailers and restaurants will move toward the node.
A strong Wa!mart store can attract casual family-style restaurants. Many expanding restaurant
chains (Applebee's, Ruby Tuesday, Chili's) will take note of the burgeoning retail node around
Waimea Existing daily traffic counts on Routes 10 and 258 in the Brewer's Neck area already
meet the stated criteria of several of these restaurant chains although population density remains
lower than these restaurant operators would prefer.
With continued population growth, Isle of Wight will be able to attract additional retailers offering a
broader variety of "comparison goods." Isle of Wight County may be perceived by retailers to be a
"stand alone" retail trade area—independent of Suffolk's trade area—when its population reaches
the threshold level of 50,000. In the meantime, it may be possible to secure retailers with more
modest population density requirements.
14
•
Chain Retailer/Restaurant Site Selection Criteria
Chain retailers generally have site selection criteria based on population density expressed as
minimum population within a specified distance from a potential site. Many of the retailers cited in
the following table require 50,000 residents within a 3-mile radius.
Performance models enable retailers to project sales potential associated with the residential base
of market areas. Retailers will open stores when their traditional share of "sales capture" of sales
potential appears to support a new location at the required level. Retailers also try to measure and
anticipate "sales transfer" from nearby operating stores. In recent years, almost all retailers have
become more vigilant about the possibility of self-inflicted sales transfer that renders an existing
store unprofitable. Because of the cost of capital, retailers would prefer to have one highly
profitable store than two marginally profitable stores.
As an example, apparel retailers at Harbour View East in Suffolk understand their typical "capture"
of clothing sales potential within a 5 mile radius is 10 percent and also requires a sales volume of
$3 million to be assured of profit and return on capital at the required level. In evaluating a site in
Isle of Wight County, the retailer will apply its 10 percent corporate "capture" rate to the county's
$21.1 million sales potential to yield store sales potential of $2.1 million--a figure that falls below
the required threshold for opening a profitable store. In this example, the retailer will continue to
rely on its Harbour View East store to tap into clothing spending by Isle of Wight County residents.
Prevailing Market Conditions
Data collected for the E. V. Williams Center for Real Estate and Economic Development at Old
Dominion University provides an overview of shopping center space in Southeastern Virginia with
details about the Isle of Wight County sub-market. Data released on March 12, 2015 defines the
Isle of Wight retail market as follows:
•The Smithfield/Isle of Wight sub-market has seven shopping with a total of 279,756 square
feet of space.
•The prevailing vacancy rate in the seven retail centers is 4.5 percent.
•Average rent is $16.60 per square foot.
Market conditions are very tight at the present time as evidenced by the low vacancy rate.
Local Market Supply
The Smithfield/Newport DSD sub-market has seven shopping centers; all would be classified as
"neighborhood strip centers."
o Smithfield Shopping Plaza and adjacent retail space comprise the largest and most
diverse community shopping center in Isle of Wight. Smithfield Plaza is anchored by a
45,544-square foot Farm Fresh supermarket. "Comparison goods" retailers include Peebles
department store (21,600 square feet), Rose's, and Olympia Sports. The only other major
retailer is Dollar Tree. The center's total GLA is 134,600 square feet.
15
o Cypress Run is a small retail center consisting of several buildings with distinctive
architecture. Cypress Run is directly adjacent to Smithfield Plaza and offers a mix of
personal services and restaurants with no "comparison goods" retailers. The largest tenant
is Wells Fargo.
o Smithfield Commons is a 22,000 square foot center on South Church Street in Smithfield.
It occupies an in-fill location. The project has enhanced architectural features. The center
has considerable vacancy. Its current tenant mix includes Verizon, Liberty Tax, The UPS
Store, Cho's Clothing Care, Smithfield Eye Center, and Papa John's. There are no
"comparison goods" retailers.
o Smithfield Square is an older strip shopping center with Food Lion as the major anchor.
The center is showing some signs of market erosion. Among the larger tenants are a thrift
store and Smithfield Foods offices. A rental center, Virginia ABC store, and Dominos Pizza
round out the tenant base. There are no "comparison goods" retailers.
o Eagle Harbor shopping plaza is a 77,000 square foot neighborhood center located on
Route 17 in Carrollton. This center provides a Food Lion grocery store for the Eagle Harbor
planned residential community. In addition, tenants include several financial institutions and
fast food establishments. A locally-owned pharmacy, a small pet store, Virginia ABC store,
and a clothing consignment shop are the only retailers in the shopping center.
o The Shoppes at Eagle Harbor is a 23,300 square foot neighborhood strip center located
across Carrollton Boulevard from Eagle Harbor Shopping Center. Its tenants include
Tropical Smoothie, AJ Gator's Sports Bar, a fitness center and several fast food restaurants
and professional offices.
o Carrollton Cove Shoppes is a 27,100 square foot strip center largely occupied by food
tenants.
Freestanding retailers in the vicinity of the Smithfield/Newport DSD node include Dollar General,
Smithfield True Value, Tractor Supply Company, Hearn Furniture, Carrollton Furniture, and
Sherwin Williams.
SMITHFIELD NEWPORT DSD SHOPPING CENTERS
SQ. FT. MAJOR TENANTS
Smithfield Shopping Plaza 134,600 Farm Fresh, Peebles, Dollar Tree, Roses
Cypress Run 25,000
Smithfield Commons 22,000
Smithfield Square 65,244 Food Lion
Eagle Harbor 77,000 Food Lion
The Shoppes at Eagle Harbor 23,300
Carrollton Cove Shoppers 27,100
SOURCE. H. Blount Hunter Retail & Real Estate Research Co.
16
New Retail Centers
Six shopping centers within mixed-use developments have been announced over the past decade
and have been through various phases of the planning process but none are currently under active
development:
•Eagle Harbor Tract 8 is planned for development at the intersection of Carrollton Boulevard
and Smith's Neck Road as part of a mixed-use development with 208 apartments. The
retail center would have up to 90,000 square feet.
•The Crossings would be located at the intersection of Route 17 and Brewer's Neck
Boulevard. The retail center build-out is 234,000 square feet. A site plan indicates several
junior anchor spaces.
•Brewer's Station is proposed to have 85,000 square feet of retail space.
•St Luke's Village would offer 79,650 square feet of "town center" space as part of a 470-
unit residential project near the intersection of Brewer's Neck Boulevard and Benn's Church
Boulevard.
•Bridge Point Commons, proposed for construction at the intersection of Carrollton
Boulevard and Deep Bottom Drive, would have 46,000 square feet of retail space and a
convenience store in addition to 230 residential condominium units. • •Benn's Grant has a commercial component that has been dormant since 2007 when
Wa!mart abandoned plans to open a store in a proposed 533,000 square foot shopping
center.
It is frustrating for residents living on the outer edge of a metropolitan area to be aware of the
plethora of shopping and dining options located nearby. The necessity of driving for shopping is
time-consuming. But an objective assessment of the situation leads to the realization that nearby
retail nodes have superior population bases from which to draw customers. Community
aspirations for "comparison goods" retailers need to be tempered by the inability of this limited
consumer market to support adequate sales.
Few retail chains disclose their site selection criteria to the general public, but site selection
guidelines exist. Selected examples illustrate the magnitude of consumer support required for
several well-known retail chains.
o Target typically searches for trade areas with a minimum of 100,000 residents to support a
store volume of $20+ million.
o Starbucks targets sites where they believe they can sell a minimum of 400 cups of coffee on
weekday mornings between 6:00 and 9:00.
o The Gap needs to be located in trade areas capable of supporting store sales of at least
$2.5 million. This would require apparel sales of $50 million to $125 million for The Gap to
succeed with 2-5 percent "capture" of apparel sales.
CONCLUSION AND RECOMMENDATIONS
A simple real estate adage is "retail follows rooftops." This means that retail development is a by-
product of residential development. Most national and regional retail and restaurant chains base
their site decisions on well-defined demographic criteria related to consumer spending capacity as
related to population count and household income and issues such as access, co-tenancy, and
competition. In varying degrees, multi-unit operators have models that predict sales performance
and potential sales transfer from existing units. These models incorporate proprietary market
share insights and focus on required levels of sales for achieving profitable operation. The
Appendix contains the published site criteria for a variety of retailers and restaurant chains.
Despite its high ranking within Hampton Roads for personal income, Isle of Wight County's
consumer base (i.e. population) is small in comparison to the demographic requirements of the
type of upscale specialty retailers found at Harbour View East or in the Chesapeake Square retail
node (either inside the mall or in adjacent strip centers).
Isle of Wight's current and projected population provide an opportunity to attract a large-format
general merchandiser. In today's retail environment, Walmart is the foremost candidate in this
category . This retailer could reinforce the Newport DSD as Isle of Wight County's central place
"critical mass" for future retail development. Walmart would bridge the gap between "convenience
goods" and "comparison goods" in its merchandise offering. Walmart can be an anchor tenant that
draws frequent shopping trips by a broad consumer constituency.
Is
Walrnart's drawing power may attract specialized merchants especially if an appropriately designed
shopping complex can combine Walmart with other retail and restaurant tenants. A review of
retailers actively seeking to expand in Virginia yielded eight priority prospects for solicitation.'
Fortunately, many of the following retailers would be reasonable prospects for Isle of Wight County
and are compatible co-tenants with Wa;mart. The following retailers and restaurants appear to be
viable candidates based on their stated site criteria including minimum population threshold and/or
average daily vehicle count:
o Hibbett Sports (category currently represented by Olympic Sports)
o Rue 21
o Cato Fashions
o Simply Fashions
o Shoe Show
o Schewel Furniture
o Ruby Tuesday
o Golden Corral
Securing Walmart and a base of tenants similar to these priority targets could initiate interest by
other "comparison goods" retailers such as T.J. Maxx / Marshall's or Ross Dress for Less;
however, these stores do not disclose specific site selection criteria.
• 'SOURCE: Retail Lease Trac
•
19
APPENDIX
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24
SITE REQUIREMENTS—SELECTED NON-APPAREL/SHOE RETAILERS
RADIUS am
AVG.HSU:1.
INCOME.
VEHICLES
ER la OTHER PREFERENCES Tipaardiff
FACTORY CARD AND PARTY OUTLET --- VARIETY 0; SHOPPING CENTER TYPES 9,000- 10,000
PARTY CITY 5 MILES 150,000 $50 CCG 25 PERCENT or ROPJLATION UNDER AGE 14 12,000 -15,000
DISCOUNT PARTY STORE 2 MILES 20,000 1,000 • 2,040
CARDSMART 5 MILES 50,003 560,000
K/RXLAND'S 3 WILES 100,003 EASY ACCESS AND /1,1341VISIB'Llif 6 5C 0 , 13,000
FIVE BELOW 5 Mix,ES 100,003 ssuco 25,000 .:0%. UNDER AGE 9
GAMESTOP 3M I1E5 25,000 15,000 MEDIAN AGE BELOW 39 WITH 30 PERCENT 04 I 515 ' 2 530
POPULATION UNDER AGE 24, DESIRED CO-TENANTS
INCLUDE WALMART SUPERCENTER, TARGET
HANCOCK FABRICS 19,000 13,003
JOANN'S FABRICS 5 MILES 135,000 $75,020
BATH & BODY WORKS HIGH TRAFFIC LOCATIONS WITH FASFRON RETAILER 2,5CC • 3,000
CO-TENANCY
CLAIRE'S ACCESSORIES TARGETS TEENS AND TWEENS AGE 7 AND 13 I 000 .1,230
SALLY BEAUTY SUPPLY 3 MRCS 35 ZOO 534,000 20 000 1100,000- SQL ARE FOOT SHOPPING CENTERS WITH 1200, 1,13C0
AT LEAST ONE MAJOR ANCHOR INCLUD'NG
GNC So OCD SENSITIVE TO PROTECTED TERRITORY Of EXISTING 1100' 1.400
FRANCHISEE, DESIRED CO-TENANTS INCLUDE MASS
MaCHANDISERINCLI..DING TARGET, WALE/AR'
ANNA'S UNENS 5 P.m ES 150,000 935,000 - 573 300 PREFERS AREA WITH 39 PERCENT ARTAN 7,CCC • 10400
AMERICANS OR HISPANICS, DES'RED CO-TENANTS
INCLUDE NATIONAL BIG BOXES AND GROCERS
HIEIDETT SPORTS 5 Alt...E5 23,000 REQUIRES B4G a0x SOME OR DEPARTMENT STORE 5,000
CO-TENANCY, 5200.- MILUCEI RETA'L SA-E5 EASE
25
SITE REQUIREMENTS-SELECTED APPAREL/SHOE RETAILERS
AVG. H51.0. VEHICLES • P_CLEGLATM INCOME P E IkaAy
ROSS DRESS FOR LESS 5 MLES 130,000 30,000 WHITE COLLAR CUSTOMERS AGES 25-54
WOOLS INCOME HOUSEHOLDS
RUE 21 10 WILES 35.000 535,O0O - MECO TEENS AGE 11-15 WHO DESIRE TO BE 21 AND ADULTS 4,500 - 5,000
WHO ASPIRE TO BE 21 AGAIN
DRESSBARN/DRESSBARN WOMAN 5 MI.S5 120.000 $60,0tO MGM+ SQUARE FOOT CENTERS, PREFERRED
CO•TENANTS INCLUDE DISCOUNTERS AND OTHER SOFT
GOODS; TARGET IS FEMALES SIZES 2-24 AND PETITES
CATO FASHIONS IGO3C SERL ES BROAD INCOME RANGE, DESIRE0 CO-TENANTS 4E30 .5 003
INCLUDE DISCOUNTERS AND STRONG GROCERY STORES
PREFERES RURAL ANO AL'OD.E MARKETS
CHRISTOPHER IL BANKS 10 VI-ES 75.000 550.666 TARGET IS FEMALES AGE 401. WITH HOUSEHOLD INCOME 3,000 - 3,5OC
SS0,000 575.000
0E8 SHOPS TARGET 15 FEMALES AGE 13 • 25, DESIRED CO-TENANTS 6E60. 8,0•DC
ARE VALUE-BASED MERCHANTS
FASHION BUG 5 M/LES 100,000 545000 TARGETS WOMEN AGE 23 - 49, ALSO SERVES TEENS AND 6,500 . 9 OCO
GIRLS AGE 7- DESIRED COETENANTS INCLUDE GROCERY
AND DISCOUNTERS WITH OTHER WOMEN'S APPAREL
SIMPLY FASHIONS 3 341-ES 25000 MANDATORY REQUIREMENT OF AT LEAST 5,060 2,5:00 3500
AERCAN AMERICANS WITHIN 1 MILE RADIUS AND
23,000 AR CAN AMERICANS WITHIN 3 MILE RADIUS
THE AVENUE 5 MLES 153 000 TARGET 5 WOMEN SIZES 14., AGES 25 - 55, MEGAN . 6,000
HOUSEHOLD INCOME 535.003' $R5,000
IANE BRYANT S MILES 130.000 5511.003 15,000 FASHION-ORIENTED FEMALES AGES 25 -45, SIZES 14 • 23: 5 GEO • 7.000
SOFT GOODS/OTHER WOMEN'S APPAREL AS CO-TENANTS
$LEI CLOTHING 2 M,LES 20,000
CITITRENDS 3 EPEES 30 000 REWIRES HO 4 CC ICENTRATIGN OF AERECV1 AMERICANS
FAMOUS FOOTWEAR SMILES 100.000 555 000 DES RED CO.TENANTS INCLUDE TARGET, MARSHALL'S 5,040 - 6,500
THE ATHLETE'S FOOT 3 MIES 23,0011 LIKE A VARETY OF S./OPP:NG CENTER TYPES LOCO - 2 400
SHOE CARNIVAL MOOCH - PREFER CENTERS WITH STRONG APPAREL/FASHION LOGO- 10000
CO-TENANCY, DESAED CO-TENANTS INCLUDE TARGET,
1NALMAIT, MARSHALL'S, DRESS BARN, RUE 21
PAYLESS SHOES 30,000 15,000
RACK ROOM SHOES 11113 COO 550.660
SHOE SHOW 20 Oa PREFERS RURAL MARKETS. DESIRED CO-TENANTS ARE 2.800 20,030
TARGET, WALMART Ti MAXX/VARSSALL 5, RUE 21
CAD MAURICES
SHOE SENSATION 60 000 PREFER COUNTY SEAT 45 MINUTES. FROM LARGE CI TY 44100 • 5 OCC
•
26
1E0,000 $43 000 TRADE AREAS MJ5T hANE H PERCENTAGE C: 54,00C - 48,100
FAMILIES WITH CH:LOREN NAT;CNA. FETAR.ER
CO-TENANCY PRFERRED
10 M 15 20,000 - 50 GOO 20,000 TARGET CUSTOMERS ARE V/OMEN AGE 25- 54 WITH 28 500
MEDIAN HOLISEAOLO INCOME $45,000H; PP EFER 51-E5
20. MILES MOM DEPARTMENT STORE
SMILES 151 000 580,000 REQUIRES FASHI01-CONSCIOUS, NIGH TASTE ENIAIIS
AGES 3340. OTHER CARRIAGE TRADE RETAtIERS NEARS?
11 V itES 55,030 MEA MED'AN 1:000 P.O CONFLICTING CO-TENANTS 5+,000 - 225,000
1 V.42 15,0)1 545 BCC.- 45,0CD N'i7JtE TO LIAPER V DOLE INCOME PET OA NEAS 13 NO • 15,000
3 N"tES 100.006 200.360• SQUARE P007 SHOPPING CENTERS
3 IV PLES 15.000 543,000 75,000 MINIMUM 200.000 POPULATION WITWN 5 M LEE 13,000 28,000
5 MI...ES 75,000 545,00C 20,0110
5 MILES 200,000 555,C00 30.0GC PREFERS TO BE IN OR NEAR B'G SOS POWER CENTERS 35 OCO , MOM
DESIRAELE CO.TENANTS INCLUDE 14,000 • 14,000
WALMART AND HOME DEPOT
70000 ABOVE 105A MAJOR THOROUGI-FARE WITH HIGH WS 31.11 El ON2 15,000
40,006 $40,000 GROWTH AREA WITH A MIN`MUM OF 4000 2) au • 22,000
POPJLATION
5 MI _ES 100 500 535,000 25 MO PREFER TO BE IN 01 SEAR BC, SON POWER CENTERS 25000- 22,000
5 VI-ES 150,000 WELL-EDUCATED CONSUMERS IN HOUSEHOLDS WITH 15.00 -25,000
MODERATE TO ABOVE-AVERAGE INCOMES. 063 RED
CO-TENANTS INCLUDE BC, SOX STORES 'NC:LONG
TiMAXX 09 LIPSEA1E GROCERY STORE
5 V US 100,000 550,000 20 000 • 85,000
SI/I_ES 20.000 WWER/MOOLE iNCOME ELISTOMEP FOCUS 12 000 55,05:0
KOHL'S
PEEBLES DEPARTMENT STORES
STEIN MART
HOME DEPOT
PETCO
PETSMART
PET SUPPLIES PLUS
SPORTS AUTHORITY
STAPLES
OFFICEMAX
OFFICE DEPOT
MICHAEL'S ARTS & CRAFTS
BOOKS-A-MILLION
BED BATH Fla BEYOND
SCHEWEL FURNITURE I
• SITE REQUIREMENTS-SELECTED ANCHORS AND MINI-ANCHORS
40)
1 MILE 50,000 545,000
5 MILES 50.000
SMILES 40,000 530.003
3 1.1 tES 25,000 • 50,000
3 NILES 25.001 $30,000 •350,000
7 WINUTES 33,003 560,000
2 MI-ES 20,000 530,000
3 MILES 50.000 553,000
1 MIS 10,000
2 Mi-ES 30,000
1 MILE 15,000
3 MILES 25,000
5 MILES 25,010' 50,000
* SITE REQUIREMENTS-SELECTED RESTAURANTS AND FOOD/BEVERAGE
STARBUCKS
APPLEBEE'S
BUFFALO WILD WINGS
IHOP
RUBY TUESDAY
WILD wigs CAFE
WING STOP
CHICK FIL-A
PANERA BREAD
GOLDEN CORRAL
SITE REQUIREMENTS-SELECTED SPECIALTY RETAILERS
COST PLUS WORLD MARKET 7 MILES 300,000 560,000
THE FRESH MARKET 5 MILES 125,000
TRADER JOE'S 3 MILES 90,000 553,000
20.000
25,000 MIN VUM DA flImE/LJN01.n POP .2LA TION.100,000
BO% 03 MORE POPLLATON AGES 2053.
23,000
DAYTIME perutArom 20,000
3.1,E COLLAR WORKER PREFERENCE
- 15,000. DAYTIME WORKERS
20,000 E.000+ DA ITIVE WORKERS
25,000
FOCUS ON 22-55 YEAR OLDS
25,000 25,000
10,000 15,000
•
28
• ISSUE:
Motion — Approval of a Conditional Use Permit for Eagle Harbor LLC
to Allow for Operation of a Convenience Store and Gasoline Station at
13511 Carrollton Boulevard
BACKGROUND:
The Eagle Harbor development was rezoned in 1998 to allow for a mix
of residential and commercial uses. The property in question has been
identified for commercial uses since that time. During the original
rezoning process the property was factored into the Traffic Impact
Analysis and Fiscal Impact Analysis as commercial uses, potentially
including a gas station.
•RECOMMENDATION:
0 At its May 26, 2015 meeting, the Planning Commission recommended
approval of the Conditional Use Permit by a vote of 9-0.
Staff recommends approval of the CUP as presented.
ATTACHMENTS:
PC Staff Report and All Associated Attachments
•
Board of Supervisors Meeting June 18, 2015
RDR
Eagle Harbor LLC — Conditional User Permit
•
PLANNING REPORT
APPLICATION:
The application of Eagle Harbor LLC, owner, for a Conditional Use
Permit on 2.74 acres of a 4.824 acre parcel of land, located at 13511
Carrollton Boulevard in the Newport Election District. The purpose of
the application is to allow for a Convenience Store and Gasoline Station
to be operated on the site.
ELECTION DISTRICT:
Carrollton Election District
• LOCATION:
The subject property is located at 13511 Carrollton Boulevard (US
17/258/32). The property is surrounded by, and part of the Eagle Harbor
planned unit development. To the north/northeast is the Woodbridge
Condominiums, southwest is the Shops at Eagle Harbor where
Bojangles, Tropical Smoothie, Animal Clinic at Eagle Harbor, and other
businesses are located. To the west of the site across Carrollton
Boulevard is the Eagle Harbor Shopping center where Food Lion is
located, and the proposed Tract 8 Apartments. To the east/southeast is a
farm field and wooded area. The project lies within the Newport
Development Service Overlay District (NDSO).
BACKGROUND:
The Eagle Harbor development was rezoned in 1998 to allow for a mix
ID of residential and commercial uses. The property in question has been
0
Planning Commission Meeting May 26, 2015
RDR
7-11 — Conditional Use Permit
•
C -11 identified for commercial uses since that time. During the original
rezoning process the property was factored into the Traffic Impact
Analysis and Fiscal Impact Analysis as commercial uses, potentially
including a gas station.
DESCRIPTION:
The applicant is requesting a Conditional Use Permit (CUP) to allow for
a convenience store and gasoline station to be located and operated on
tax parcel number 34-01-003U, occupying 2.74 of the 4.824 acre site.
The remainder of the site is proposed for an additional commercial use
in the future. If the CUP is granted, the applicant would follow the
appropriate site plan review process to facilitate the development of the
site.
•
ORDINANCE REVIEW:
The current Comprehensive Plan land use designation for this property
is Suburban Residential (SR). The zoning for this parcel is General
Commercial. Appropriate uses for the SR land use designation include
single family detached, single family attached, and multifamily
residential development. The land use designation is not consistent with
the zoning and should be amended in future revisions of the land use plan
to a more appropriately reflect Mixed Use or Business and Employment
designation.
The areas to the southwest and west of the site are also zoned general
commercial and include commercial uses consistent with this property.
The area to the north/northeast is residential in nature, due to wetlands
along the property line the northeastern edge of the property will
maintain a significant vegetated buffer which cannot be removed. The
property to the east/southeast is zoned rural agricultural conservation and
Planning Commission Meeting May 26, 2015
RDR
7-11 — Conditional Use Permit
is used for agriculture. The application has addressed all the information
required by the Isle of Wight County Zoning Ordinance for a CUP.
Should the CUP be approved the applicant would then submit a site plan
which would deal with the requirements of the zoning ordinance for
parking, architecture, landscaping, etc.
The Planning Commission and Board of Supervisors shall consider the
following criteria before the granting of a conditional use permit:
1.That the establishment, maintenance, and operation of the conditional
use will not be detrimental to or endanger the public health, safety,
and general welfare;
2.That the conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially impair the use of other property within
the immediate proximity;
3.That adequate utilities, water, sewer or septic system, access roads,
storm drainage and/or other necessary public facilities and
improvements have been or will be provided;
4.That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion on the public
streets;
5.That the proposed conditional use is not contrary to the goals and
objectives of the Isle of Wight County Comprehensive Plan;
6.That the conditional use shall, in all other respects, conform to the
applicable regulations of the zoning district classification in which it
is located and to the special requirements established for the specific
use; and
Planning Commission Meeting May 26, 2015
RDR
7-11 — Conditional Use Permit
•
0
7. That the use(s) at the location proposed will not result in a multiplicity
or saturation of similar uses in the same general neighborhood of the
proposed use.
In addition to the standards and other guidelines described in the Zoning
Ordinance, the Board may impose conditions or limitations on any
approval, including the posting of performance guarantees. Such
conditions may include, but are not necessarily limited to:
1.The number of persons living or working in the immediate area and
the proposed hours of operation, as may applicable;
2.Traffic conditions, including facilities for pedestrians, such as
sidewalks and parking facilities; the access of vehicles to roads; peak
periods of traffic; and proposed roads, but only if construction of such
roads will commence within the reasonably foreseeable future;
3.The orderly growth of the neighborhood and community and the
fiscal impact on the County;
4.The effect of odors, dust, gas, smoke, fumes, vibration, glare, and
noise upon the use of surrounding properties;
5.Facilities for police, fire protection, sewerage, water, trash and
garbage collection and disposal, and the ability of the County or
persons to supply such services;
6.The degree to which the development is consistent with generally
accepted engineering and planning principles and practices;
7.The structures in the vicinity such as schools, houses of worship,
theaters, hospitals, and similar places of public use;
8.The purposes set forth in this ordinance, the County's Comprehensive
Plan, and related studies for land use, roads, parks, schools, sewers,
water, population, recreation, and the like;
Planning Commission Meeting May 26, 2015
RDR
7-11 — Conditional Use Permit
9.The environmental impact, the effect on sensitive natural features,
and opportunities for recreation and open space; and
10.The preservation of cultural and historic resources of landmarks.
AGENCY REVIEW:
This application was forwarded to the following departments for review:
•Engineering — No Concerns
•Emergency Services — No Concerns
•VDOT — See attached comments
A full agency review will be completed at the appropriate time during
the site plan process.
STAFF CONCLUSIONS:
Strengths
1.The application will allow for another convenience store and gas
station accessible for a northern commuter and will allow for a
new commercial business in the County.
2.The application would allow for the creation of tax revenue and
jobs within the County.
3.The application is consistent with the approved rezoning.
Weaknesses
I. None Identified
STAFF RECOMMENDATION:
Staff recommends approval of the CUP as presented.
Planning Commission Meeting May 26, 2015
RDR
7-11 — Conditional Use Permit
•
ATTACHMENTS:
•Location Map
•Location Blowup Map
•Zoning Map
•Land Use Map
•Conceptual Site Plan
•Site Images
•VDOT Comments
•
0
Planning Commission Meeting May 26, 2015
RDR
7-11 — Conditional Use Permit
n.
(Th •
•
Eagle Harbor Conditional Use Permit Location
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•
Looking Toward Woodbridge Condos From Edge of Wetlands Buffer
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Frontage Along 17— Looking Toward Site from Shops at Eagle Harbor
•
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION 1700 North Main Sooet
SUFFOLK VIRGINLA 23434
March 5, 2015
Richard Rudnicki
Assistant Director of Planning and Zoning
17140 Monument Circle
Isle of Wight, VA 23397
RE: 7-11 Convenience Store and Gas Station, TM 42-01-001; CUP-01-15
Can-olton Boulevard (Route 17)
Isle of Wight County
The District has completed its review of the conceptual plan dated February 25, 2015 and received by
the VDOT Land Development Office on March 5, 2015. We offer the following comments:
0
1. The CUP Narrative states that eight fueling stations are proposed but the conceptual plan shows
sixteen. Please clarify.
2.The submittal does not include any information regarding anticipated traffic impacts of the
proposed development. The traffic generated by a sixteen fueling station convenience market
with gasoline pumps would warrant submittal of a Chapter 527 TIA. If a previously prepared
traffic analysis is intended to address this, it should be referenced and submitted for review.
3.Curb and gutter would not be permitted along the Route 17 right turn lane as depicted on the
conceptual plan. Shoulder and ditch construction will be required in accordance with VDOT
standards.
If you have any questions, please contact me at (757) 925-1536 or matthew.lillis@vdot.virginia.gov .
Sincerely,
Matt Lillis, P.E.
Area Land Use Engineer
Virginia Department of Transportation
Hampton Roads District
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
9192015 7-Eleven at Eagle Harbor - Richard Rudnick'
.7-Eleven at Eagle Harbor
To.Richard Rudnicki <rrudnicki@isleofwightus.net >;
CcCarroll.Collins@kimley-horn.com <Carroll.Collins@kimley-horn.com >;
1 attachment (152 KB)
Tract_10_Trip_Generation_Memo_NO-2_23APR15.pdf;
Richard,
After discussion with Kimley-Horn regarding the TIA requirements, the attached memo was provided to justify that
a Chapter 527 study would not be necessary. I think the basis is acceptable and consider my previous comment on
the trip generation addressed. I had two other minor comments on my March 5th letter, but they were not anything
I would require further review on.
OVDOT will require analysis of the traffic signal at Route 17 and 669 (Smiths Neck Rd) with a future site plan since this
)
development will be expected to have a direct impact on its performance.
(
Thanks,
Mat Lillis P.E.
Area Land Use Engineer
Virginia Department of Transportation
Hampton Roads District
1700 N Main St
Suffolk, VA 23434
757-925-1536
•
C)
httpefloutiockefficac.corn/owa/projecticaaspx
•
0
•
Kimley*Horn
April 23, 2015
Matt Lillis, P.E.
Area Land Use Engineer
Virginia Department of Transportation
Hampton Roads District
1700 N Main Street
Suffolk, VA 23434
Re: 7-Eleven Convenience Store and Gas Station, TM 42-01-001; CUP-01-15; Carrolton
Boulevard (U.S. Route 17), Isle of Wight County
Dear Matt:
We are in receipt of VDOT's comments on CUP 01-15, from the letter dated March 5, 2015, for the
proposed 7-Eleven Convenience Store and Gas Station located on Tract #10 of the Eagle Harbor
Development. This memo is in reference specifically to comment #2, pertaining to the anticipated trip
generation characteristics associated with the proposed land use and the potential requirement of
conducting a Chapter 527 TIA for the subject conditional use permit (CUP).
VDOrs Administrative Guidelines for the Traffic Impact Analysis Regulations state that there will be
impacts to the transportation network if the proposed site generates more than 5,000 daily vehicle
trips. Initially VDOT had indicated that they expect the proposed 7-Eleven site to generate over 8,600
vehicle trips per day, and therefore a traffic impact analysis would be required for this site. We have
reviewed the land use descriptions and intended characteristics contained in the Institute of
Transportation Engineers (ITE) Trip Generation Manual (9th Edition, 2012) for the ITE Trip Generation
Codes 853 (Convenience Market with Gasoline Pumps) and 945 (Gasoline/Service Station with
Convenience Market). Through conversations and in collaboration with the Department on this
subject, we have prepared trip generation estimates using the two ITE Trip Generation Codes listed
above in an effort to compare and determine that the proposed land use will not generate daily traffic
volumes in excess of 5,000 trips and therefore will not warrant the need to conduct a VDOT Chapter
527 TIA for this CUP.
BACKGROUND
Currently, a CUP has been applied for with the intent of developing a 3,010 square foot 7-Eleven
Convenience Store with 16 fueling positions on a portion of the Tract 10 site associated with Eagle
Harbor located in the eastern quadrant of the Carrollton Boulevard/Smiths Neck Road intersection.
TRIP GENERATION LAND USES
To evaluate the appropriate number of trips generated at this location and to determine if the
proposed site requires a VDOT Chapter 527 TIA, trip generation estimates were calculated for the
proposed use. The ITE Trip Generation Manual (9th Edition, 2012) was used to determine the most
appropriate land use code as related to a 7-Eleven with fuel pumps. The following uses best matched
the descriptions provided in the Trip Generation Manual:
himley-horn.com
4500 Main Street Suite 500 Virginia Beach . VA 23462
757 213 8603
•Convenience Market with Gasoline Pumps CITE LU Code: 853)
o Description: The convenience markets surveyed sell gasoline, convenience foods,
newspapers, magazines and often beer and wine. This land use includes
convenience markets with gasoline pumps where the primary business is the selling
of convenience items, not the fueling of motor vehicles.
•Gasoline/Service Station with Convenience Market (ITE LU Code: 945)
o Description: This land use includes gasoline/service stations with convenience
markets where the primary business is the fueling of motor vehicles. These service
stations may also have ancillary facilities for servicing and repairing motor vehicles.
Some commonly sold convenience items are newspapers, coffee or other beverages
and snack items that am usually consumed in the car.
•
0
Based on these descriptions, while similar in nature, ultimately differ based on the primary function of
the use (i.e., the fueling of motor vehicles). Generally, 7-Eleven's primary function would be
considered as convenience markets. However, this proposed site does include a high number of
fueling positions (16). Since either of the abovementioned land use descriptions could technically be
justified for the proposed site, the trip generation rates were compared for each use under a worst
case scenario. Based on the most applicable independent variable (i.e., square footage or number of
fuel pumps) trips generated for the proposed site for each ITE land use code were determined. The
results of the trip generation review for ITE land use codes 853 and 945 are shown in Table 1 and
Table 2, respectively.
Table 1: Land Use Code 853 Trip Generation Estimates
ITE
Code
853
Description
Convenience Market with
Gasoline Pumps
Saturday Size Daily
Saturday
In
69
Peak Hour
Out .
69
: .•
of Generator
Total
3,010 ft2 4 359 138
Total New Site Trips 4,359 69 69 138
Source: iTE Trip Generation Manual (9th Edition, 2012)
Saturday conditions ITE Land Use Code 853 has a daily trip generation rate of 1,448.33 trips per
1,000 sf of convenience store space. During the peak hour of the generator on a Saturday, it is
estimated that 45.94 trips per 1,000 sf are generated by the proposed land use resulting in a total of
138 trips generated.
As noted, the primary function under this lane use description is the convenience market operation.
Therefore, using the store's square footage as the independent variable (i.e., 3,010 sf) under
Saturday conditions would result in 4,369 daily trios as shown in Table 1.
kimley-horn corn $500 Main Street Suite 500 Virginia Head). VA 23462. .757 213:9600
Kimley*Horn Page 2
ITE
Code Description Size •Weekday
Daily
Weekday AM Peak
Hour
Iii Out Total
•Weekday PM Peak
Hour
In Out Total
2,604 81 82 163 108 108 216
2,604 81 82 163 108 108 216
945
Gasoline/Service
Station with
Convenience Market
16 Fueling
Positions
Total New Site Trips
Kinnley>>>Horn
Page 3
Table 2: Land Use Code 945 Trip Generation Estimates
Source: ITE Trip Generation Manual (9th Edition, 2012)
ITE Land Use Code 945 has a daily trip generation rate of 162.78 trips per vehicle fueling position.
During the AM peak hour of trip generation characteristics are estimated at 10.16 trips per fueling
position and during the PM peak hour, 13.51 trips per fueling position, resulting in 163 and 216 total
new trips, respectively.
It should also be noted that for Gasoline/Service Station with Convenience Market (945), the only
independent variable that is available for daily trips was number of fueling positions. As shown in
Table 2, the proposed 7-Eleven, using this trip generation rate based on fueling positions (i.e., 16)
results in 2,604 daily trips
Based on the above information, it is Kimley-Hom's determination that when applying the most
statistically sound independent variable for either ITE land use code (i.e., 853 - Convenience Market
with Gasoline Pumps or 945 - Gasoline/Service Station with Convenience Market) or scenario (i.e.,
Saturday operation) results in trip generation estimates that would exceed the VDOT Chapter 527 T1A
threshold of 5,000 daily trips as shown in Tables 1 and 2.
Based on the information provided, Kimley-Horn requests that you consider and approve the
proposed trip generation estimates and support the determination that a Chapter 527 TIA is not
required for the 7-Eleven CUP application. If you have any questions concerning the above please
do not hesitate to contact me at carroll.collinskimlev-horn.com or my direct line at (757) 213-8616.
KIMLEY-HORN AND ASSOCIATES, INC.
Carroll E. Collins, AICP
Project Manager
ktmley-horn.corn
6500 Main Street Stmte 530 Vingina Beach VA 23462
757 213 8500
ISSUE:
•
0
Motion — Approval of an Exception to the Chesapeake Bay
Preservation Area Ordinance, Appendix B. of the Isle of Wight County
Code, to Allow for Construction of a 14-Foot Wide
Pedestrian/Bicycling Path on Nike Park Road
BACKGROUND:
The Smithfield-to-Nike-Park Trail is being developed with state and
federal funds to run 3.1 miles, going from South Church Street in
Smithfield to Nike Park, with a bridge crossing at Jones Creek. The
trail is envisioned in the Pedestrian and Bicycle Facilities Master Plan
of 2006 and is consistent with the Comprehensive Plan.
The Jones Creek crossing of the trail will pass through the Resource
Protection Area (RPA) at Jones Creek. Regulations only allow
pathways up to five feet wide in the RPA. The trail will be 15 feet wide
at the crossing; that is, 10 feet wide for the trail, 2 feet wide on either
side for the shoulders, and 1 additional foot to complete the bridge
decking. An exception to the Chesapeake Bay Preservation Area
Ordinance is necessary to allow construction of the Jones Creek
crossing.
RECOMMENDATION:
At its May 26, 2015 meeting, the Planning Commission recommended
approval of the exception, as presented, by a vote of 7-2. Staff also
recommends approval.
ATTACHMENTS:
PC Staff Report and attachments
June 18, 2015/KEH
STAFF REPORT
•
•
APPLICATION:
The request by Isle of Wight County for Exception to the Chesapeake
Bay Preservation Area Ordinance for the Jones Creek crossing by the
Smithfield-to-Nike-Park Trail
LOCATION:
Next to Fulgham Bridge on Nike Park Road
ELECTION DISTRICT:
Windsor
BACKGROUND:
Isle of Wight County is in the process of developing a grant-funded
pedestrian and biking trail going from the intersection of Battery Park
Road and South Church Street in Smithfield to Nike Park. The trail is
envisioned as a shared-use path in the Pedestrian and Bicycle Facilities
Master Plan of July 2006, serving as an important connector between
Smithfield and Nike Park. The grant funding comes from the federal
Transportation Enhancements Program, which provides 80 percent of
the cost, with the county and the Town of Smithfield picking up 20
percent of the costs. The project also involves state revenue sharing
funds.
In keeping with federal requirements for access and trail standards by
the American Association of State Highway and Transportation
Officials (AASHTO), the trail will be 10 feet wide with 2-foot-wide
shoulders, or 14 feet wide from railing face to railing face for the
portion that crosses the creek. The decking itself is a total of 15 feet
wide. The 3.1-mile trail will run parallel to Battery Park Road and Nike
IOW Planning Commission
May 26, 2015
KEH
Park Road on the south side and includes the crossing at Jones Creek,
next to Fulgham Bridge. Jones Creek is a perennial waterway with
connected tidal wetlands that, under the Chesapeake Bay Preservation
Area Ordinance (CBPAO), has 100-foot-wide Resource Protection
Areas on either side of the creek. The exception is necessary because
the CBPAO only allows pathways up to 5 feet wide in the Resource
Protection Area.
DESCRIPTION:
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The crossing at Jones Creek will consist of an open-pile bridge of
timber and steel, with the timber sections built over the wetlands and
the steel sections built over the waterway itself Timber is a less costly
material and is used to the greatest extent possible for this project. Steel
is necessary because that section of the bridge will use five 42-foot
spans so that the bridge piles align with the existing piles of Fulgham
Bridge and do not interfere with navigation. The 42-foot spans require
the strength of steel; timber is not appropriate for that section of the
crossing. Finally, there will be a temporary trestle built between the
trail crossing and Fulgham Bridge.
The Water Quality Impact Assessment describes how the project avoids
and minimizes impacts to wetlands and to the environment in general.
To the greatest extent possible, the trail bridge will be built at 12 feet
high over the wetlands on Jones Creek to avoid shading impacts to the
wetlands. Tree clearing has been held to a minimum, and various
erosion and sedimentation practices will be used during construction.
For the unavoidable impacts to 0.07 acres wetlands, the U.S. Army
Corps of Engineers is requiring the purchase of 0.14 acres of wetland
credits from an approved wetlands mitigation bank. The project
otherwise has been approved by the Corps under a Nationwide General
Permit and has received a water quality certification by the Virginia
Department of Environmental Quality and permission by the Virginia
Marine Resources Commission to encroach over Jones Creek and
IOW Planning Commission
May 26, 2015
KEH
associated wetlands. There is no requirement for approval by the Isle of
Wight County Wetlands Board since this project qualifies as
governmental activity in wetlands.
ORDINANCE REVIEW:
The exception request is to a subsection of the CBPAO under Article 3,
Section 3002, as pertains to walking trails and pathways through the
Resource Protection Area. The section states: "Boardwalks, walking
trails and pathways shall not exceed five feet in width and shall be
paved with a permeable material."
The proposed pathway is 14 feet wide and passes through the Resource
Protection Area at Jones Creek. According to AASHTO guidelines and
access requirements under the Americans with Disabilities Act, the trail
must be built for two-way traffic with adequate space to accommodate
bicycle handle bars.
0 CBPAO Article 5, Section 5002 lays out the criteria to be applied when
reviewing exception requests, as follows:
The Planning Commission shall not recommend in favor of the
applicant unless it finds:
I. That the strict application of the ordinance would produce an undue
hardship and will not confer upon the applicant any special
privileges denied by this ordinance to other property owners in the
CBPA areas;
Without the exception this trail crossing of the Jones Creek could
not be built, and that is an undue hardship in that this project has
been approved for the public through development of the Pedestrian
and Bicycle Facilities Master Plan of 2006 and through the
awarding of federal grant fiends and state revenue sharing for
design and construction, and has been reviewed and approved by
IOW Planning Commission
May 26, 2015
KEH
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• a
public agencies including the US. Army Corps of Engineers, the
U.S. Coast Guard, the Virginia Department of Environmental
Quality, and the Virginia Marine Resources Commission. This
project has been designed as a public benefit and does not confer
special privileges denied by the CBPAO to other property owners
regulated by the CBPAO. The criterion is met
2.The exception request is not based on conditions or circumstances
that are self-created or self-imposed, nor does the request arise from
conditions or circumstances either permitted or non-conforming that
are related to adjacent parcels;
The trail crossing of Jones Creek is being built according to
AASHTO guidelines for trails on bridges and according to the
access requirements of the Americans with Disabilities Act, as well
•
as standards set by the US. Coast Guard. So, these circumstances
are not self-created or self-imposed The circumstances result from
C.
existing federal standards and guidelines. The criterion is met.
3.The exception request is the minimum necessary to afford relief;
The Water Quality Impact Assessment describes in depth how the
project is designed to minimize impacts to wetlands and to the
environment in general. The bridge crossing is an open-pile
structure that will for the most part be elevated at 12 feet above the
wetlands to avoid shading impacts. Erosion and sedimentation
controls will be in place to minimize impacts from construction. The
crossing is being built in such a way as to meet accepted standards
without going beyond the minimum necessary. The criterion is met.
4.The exception request will be in harmony with the purpose and
intent of this ordinance, is not injurious to the neighborhood or
otherwise detrimental to the public welfare, and is not of substantial
detriment to water quality;
IOW Planning Commission
May 26, 2015
KEH
The purpose and intent of this ordinance is to protect water quality
in the Chesapeake Bay by imposing land use regulations to control
surface runoff and other detrimental impacts to water quality. This
application has avoided and minimized impacts to the maximum
extent possible through careful design and through the use of
construction practices intended to reduce impacts. The Water
Quality Impact Assessment has demonstrated how this project is
'fleeting standards meant to protect the neighborhood and the public
welfare. The criterion is met.
5. Reasonable and appropriate conditions are imposed which will
prevent the exception request from causing a degradation of water
quality.
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No additional conditions have been identified by staff to improve the
protection of water quality. The criterion is met.
AGENCY REVIEW:
The application for exception has been submitted for review and
approval by the locality liaison for the Chesapeake Bay program and
the local Stormwater Division. Both offered no comment.
PROJECT STRENGTHS:
1.The project has been designed to minimize or avoid impacts to Jones
Creek, the connected tidal wetlands, and the environment in general.
2.The project has been approved as a public benefit through multiple
public venues.
3.Unavoidable impacts to wetlands will be mitigated through the
purchase of wetlands credits from an approved wetlands mitigation
bank.
IOW Planning Commission
May 26, 2015
KEH
4. This project is consistent with and meets the goals of the
Comprehensive Plan and the Pedestrian and Bicycle Facilities
Master Plan.
PROJECT WEAKNESSES:
1. There will be some unavoidable shading impacts to the wetlands and
fill impacts from construction.
STAFF RECOMMENDATIONS:
Staff recommends approval of the exception request, as presented.
ATTACHMENTS:
o Exception application, maps, images, and Water Quality Impact
Assessment
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CD
IOW Planning Commission
May 26, 2015
KEN
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APR 02 2015
SMITHFIELD TO NIKE PARK PEDESTRIAN BICYCLE TRAIL SEGMENTS 1 AND 2
RPA EXCEPTION SUBMITTAL
TABLE OF CONTENTS
Attachment A — Application for Exceptions
1.Application for Exception
Attachment B — Statement of Reason for Exception
I. Statement
2.RPA Determination Correspondence
Attachment C — Recent Deeds
Attachment D — Concept Plans
I. Figure I Site Location
2. Figure 2 Topographic Vicinity
3.Figure 3 Overall RPA Location
4.Figure 3.A Detail RPA Location
5.Figure 3.B Detail RPA Location
6.Plan Sheet 9
7.Plan Sheet 10
8.Plan Sheet 11
Attachment E — WQIA
I. WQ1A (without Appendices)
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C.
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ATTACHMENT A
rtet.).
Z'
G
1SL] OF WIGHT
COUNTYVIRGINIA
APPLICATION FOR EXCEPTIONS
This application should be used to petition for an exception for certain uses which, because of their
unique characteristics, but which may, under the right set of circumstances and conditions be acceptable.
A.APPLICATION FOR (CHECK ALL THAT APPLY):
EX ] Chesapeake Bay Preservation Area Ordinance Exception
[ 3 Newport Development Service Overlay District Exception
[ ] Highway Corridor Overlay District Exception
[ 3 Signage Exception
[ 3 Subdivision Ordinance Waiver
[ Other (please list)
The proposal is a request to Section (s) 3002 of the Chesapeake Bay Preservation Area
Ordinance, the Isle of Wight County Zoning Ordinance, or the Isle of Wight County Subdivision
Ordinance. Construction of a 10-foot wide trail from the Intersection of Battery Park Road and
South Church Street to its terminus within Carrollton Nike Park on Nike Park Road
-Proposed Use or Activity: See attached project description.
B.PROJECT DESCRIPTION:
Project Nagle: Smithfield to Nike Park Pedestrian Bicyle Trail Segments 1 8c 2
Property Address (if any): Jones Creek at Pulghram Bridge - 12434 & 12778 Nike Park Rd
ON /ONES CK AD/ RYIAND B EDWARDS & AD/
Election District: Legal Reference: DRIVER
Comprehensive Plan Designation:
The exception will apply to
proposed project
acres out of total acres
TWA Parcel Identification # 23-01-M&23411-016 Number of acres to be effected:
Proposed Utilities (check all that apply): Public Water
Public Sewer
Private Well
Private Septic
Revisedtlupwli. 2014
•
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C. APPLICATION INFORMATION:
Applicant(s) Name(s): Isle of Wight County, Engineering Attn: Jamie Oliver
Address: PO Box 80 13048 Poor House Road
City, State, Zip Code: Isle of Wight, VA 23397
Phone No 757-365-1653 Email: joliver@isleofwightus.net Fax No.:
Property Owner(s) Name(s): Project will be located within County right -of-way or easements
Address:
City, State, Zip Code:
Phone No.: Email: Fax No..
Applicants/Owners Affidavit ancludinz compliance with all deed restrictions and covenants1
This application must be signed by the owner(s) of the subject property or must have attached written
evidence of the owner's consent, which may be in the form of a binding contract of sale with the owner's
signature or a letter signed by the owner(s), containing written authorization to act with fall authority on
the owner(s) behalf in filing this exception application. Signing this application shall certify the owner's
compliance with all deed restrictions and covenants, and shall constitute the granting of authority of the
County to enter onto the property for the purpose of conducting site analyses and compliance with
Federal, State and County regulations.
•
Applicant JaVn te- OiltteV Owner
Posted or Typed Name
Owner. ate:
Sigramte
Printed or Typed Name
Date: 31:251/C Applicant.
Siganue
County of Isle of Wight, Commonwealth of Virginia County of Isle of Wight. Commonwealth of Virginia
Subscribed and sworn to before inerD:213a_. Subscribed and sworn to before me
A No Public in and for the Cguntypf Isle of Wight,A Notary Public in and for the County of Isle of Wight,
Co alth of Virginia, thit44ayofffV7 netf 201_6: Commonwealth of Virginia, this _day of 20_
951— '70S0581
Notary blic
My Commission Expires I / 7
Notary Public
My Commission Expires
Owner.
Noted or Typed Name
Owner Date:
Sigma=
County of Isle of Wight, Commonwealth of Virginia
Subscribed and swam to before me
A Notary Public in and for the County of Isle of Wight,
Commonwealth of Virginia. this .._day of 20
Notary Public
My Commission Expires
Cnvner
Printed or Typed Name
Owner Date:
Signs=
County of Isle of Wight. Commonwealth of Virginia
Subscribed and sworn to before me
A Notary Public in and for the County of Isle of Wight,
Commonwealth of Virginia, this day of • 20_
Notary Public
My Commission Expires
•
0
NOTICE: THE ATTACHED CHECKLIST MUST BE COMPLETED, CERTIFIED, AND
SUBMITTED OR THE APPLICATION WILL BE CONSIDERED INCOMPLETE.
Remit Application to: Isle of Wight County Department of Planning and Zoning, 17140 Monument
Circle, Suite 201 P. O. Box 80, Isle of Wight, Virginia 23397
FOR OFFICE USE ONLY:
Complete Application Received On: Fees Paid:
Tax Query: [ I Current [ Delinquent Posted/Date to Post:
AGENO:ES REFERRALS:
Department of Conservation & Recreation Inspections
Economic Development Sheriff's Office
Emergency Services Town of Smithfield
Engineering Town of Windsor
Environmental Planner VDOT
Health Department Budget & Finance
Other County Attorney
Verified By: Date:
• 0
•
Revised August 13 2014
Loral Roos. Global Reach
ISLE OF WIGHT
COUNTY, VIRGINIA
DEPARTMEN PLANNINC, AND ZONNG
SUBMITTAL CHECKLIST FOR EXCEPTIONS
In accordance with Section 5002, Exceptions, of the Chesapeake Bay Preservation Area Ordinance, and in
accordance with Section 6-1015, Exceptions, Section 6-2011, Exceptions, and Section 9-1013, Exceptions,
of the Isle of Wight County Zoning Ordinance, the following information shall be submitted for an
exception application. Please note that it is the applicant's responsibility to ensure that the application is in
compliance with all Federal, State and County regulations.
No application for an exception shall be certified as complete unless the following information is provided:
1.Ten (10) copies of the original, executed application and one (I) original executed application.
Both the applicant(s) and the property owner(s) must have their signature(s) notarized on page No.
2 of the application.
2.The appropriate fees have been submitted with the application. Checks should be made payable to:
Treasurer, Isle of Wight County.
3.Ten (10) copies of a statement of the reasons for seeking such exception.
4.Ten (10) copies) of a narrative description of the property which shall include the Tax Parcel
Identification Number.
5.One (1) copy of the most recent decd(s) for the property(s) associated with the application.
6.A concept plan of the site to show all existing and proposed physical improvements and such other
information as is necessary to clearly indicate to the reviewing body that adequate provisions have
been made for compliance with all standards for that particular use, the extent of the property to be
so used on a given parcel or parcels, and information defining the requested exceptions. The plan
shall be prepared by the appropriate authorized design professional licensed to practice in
Virginia No person shall prepare or certify design elements of site plans which are outside the
limits of their professional expertise and license. Such document shall be drawn to scale and shall
include the following information:
o A vicinity map at a scale of no less than one (1) inch equals two thousand (2,000) feet
o Title of drawing
o Date of drawing
o Existing wood line
o North arrow
o Scale bar -
o Current zoning of parcel(s), including tax map number(s) and owner(s)
o Current zoning of adjacent parcel(s), including tax map number(s) and owner(s)
o Street names including route number and width(s) of the right-of-way(s)
o Ten (10) fiill size copies, with one (I) reduced 11 inch X 17 inch copy shall be submitted
o Please note that additional information on the site layout may be requested by the Zoning
Administrator during the review process in order to more effectively review the application
and prepare the staff reports for the appropriate reviewing body.
7.Such other information as may be necessary to demonstrate compliance with all other applicable
federal, state and County standards and regulations.
8.All real estate taxes must be paid and current at the time of submittal; otherwise, the submittal will
be refused at the counter. Proof of the most recent tax payment to the County must accompany the
application.
I, the undersigned, certify that this application is complete, accurate and contains all required and requested
information, documents and other submittals, and that all statements made herein are, to the best of my
knowledge, true and correct. I further certify that I have exercised due diligence to obtain the most recent,
complete and correct information available. I understand that any section not completed in its entirety may
delay processing of this application.
Printed or Typed Name
Signature Date
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Name of Individuals CorporationiParbaership
Business Association
Address
IA
1\1 A
L Donna K. Molt
NOTARY PUBLIC
Commonwealth of Virg
Reg. it 703058
My Commission Expires
...-..
APR 2 3 2015
Revised Augual 13,2014
COUNTY OF ISLE OF WIGHT
DISCLOSURE OF REAL ESTATE HOLDINGS
Applicant ‘st t 0 GI VaN Pam 0
Address (R) an( W.D
DP-RI Qe
Cry
Proji±incitracAr--
(938Qn
Zip
Street vn
State
REAL ESTATE HOLDINGS TO BE AFFECTED
Location or Address Description
, 4 Iv Pad,- act my___LD._.13 .0jjc.__75( f ,x.IMe.i.
Nat), • 12-ei 'FAY (DLL 93 -a-c46,r prnc Crzok, • — tarn L-LL
OTHER OWNERS OF AFFECTED REAL ESTATE
(Not Required for Corporauon whose stock is traded on a national or local stock exchange or having mom than 500
shareholders.)
Does any member of the Isle of Wight County Planning Commission or governing body have any interest in such property,
either individually, by ownership of stock in a corporation owning such lend, partnership, as the beneficiary of a trust, or the
senior of a revocable trust, or whether a member of the inunedi usehold of any member of the Planning Commission or
governing body has any such interest? Yes
If yes, names of members.
I do solemnly swear that the foregoing statement(s) and anachments(s) -y. are co piece, correct and true.
Applicant: cAalr..1 e IA fl.PCX". Applicant: ilai,n .
Commonwealth of Virginia l'r
8.1.11LIT Primal or Typal Nsnic
County of Isle of Wight
Subscribed and sworn to before ma-P. Oh ha Hof 4-
Notary Pub7
EC My Commission Expires - -3 I
Date: _511,72,c1.4_C_
tery Public impokR the Countypf Isle of ,Wight. Commonwealth
'Dia, this day of u p AL:
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ATTACHMENT B
SMITHFIELD TO NIKE PARK PEDESTRIAN BICYCLE TRAIL SEGMENTS 1 AND 2
DESCRIPTION OF PROJECT AND STATEMENT FOR SEEKING EXCEPTION
PROJECT DESCRIPTION
The proposed project consists of the construction of a 10-foot wide trail from the intersection of Battery
Park Road and South Church Street to its terminus within Carrollton Nike Park on Nike Park Road
utilizing federal grants. The trail will be constructed in two segments as follows:
Trail Segment I - is approximately 1.3 miles long and is located along the south side of Battery Park
Road between South Church Street and Nike Park Road in the Town of Smithfield. An existing 5 ft.
sidewalk is located on the south side of Battery Park Road between South Church Street and Villa Drive.
In areas where sidewalk exists, it will be widened to 10-feet wide.
Trail Segment 2 - is approximately 1.8 miles and is located along the south side of Nike Park Road
between Battery Park Road and Carrollton Nike Park in Isle of Wight County. An open pile bridge will
be constructed on the south side of the existing bridge (Fulgham Bridge) where the multi-use trail crosses
Jones Creek and associated tidal wetlands. There are two types of bridge structures associated with the
crossing of Jones Creek and adjacent wetlands.
I) Wetland Crossing. The proposed approach structures located over the adjacent wetlands to Jones Creek
consist of timber superstructure founded on timber piers spaced at 8 1-0" longitudinally (typ). Each timber
pier consists of two 10" diameter timber piles driven plumb. It is anticipated that the majority of
approach structures will be constructed by top-down method.
2) Jones Creek Crossing. The bridge structure has been designed to match the piers of the existing bridge
and maintain the same clearance so that navigation and hydraulic scour will not be impacted.
Specifically, the proposed Jones Creek crossing consists of 5 spans with lengths of 42 feet per span. Each
pier consists of two 12" square prestressed concrete piles located in line with the Fulgham Bridge piers.
The vertical clearance of the proposed bridge will meet or exceed that of the existing Fulgharn Bridge. It
is anticipated that construction of the main crossing will require the use of a temporary trestle located
between the proposed bridge and existing Fulgham Bridge.
In accordance with the American Associated of State Highway and Transportation Officials (AASHTO)
guidelines, trails on bridges should accommodate shoulders on either side of the trail to allow adequate
clearances for bicycle handlebars to the railings as well as two-way traffic. Therefore the deck of the
bridge structures (both the approach and Jones Creek Crossing) will be 14 1-0" wide (inside face to face of
railing) to provide for the 10-fl trail and 2-0"-wide shoulders on both sides. For compliance with the
grant received for the project, the project must be designed in accordance with AASHTO standards and
be ADA complaint.
The trail will be located to the west of the residential homes fronting Nike Park Road as the trail
approaches Carrollton Nike Park and will terminate within Carrolton Nike Park. The figures contained in
Attachment D show the proposed project location, areas of encroachment within the RPA, and zoning for
those parcels. In addition, the plan sheets for the Jones Creek Crossing are also included in Attachment
D.
WETLAND AND WATER DUALITY PERMITTING SUMMARY
The project utilizes federal funds and a PCE was prepared and approved (by VDOT) for the project. In
addition, the Army Corps of Engineers (COE) has issued Nationwide Permit (NW!') 23 for Approved
Categorical Exclusions. The Department of Environmental Quality (DEQ) has provided unconditional
certification on MVP 23 and additional authorization from DEQ is not required. We are in the process of
obtaining a permit from VMRC.
RPA DELINEATION SUMMARY
In accordance with Isle of Wight Chesapeake Bay Preservation Area (CBPA) Ordinance, an
Environmental Site Assessment was prepared to delineate the site specific Resource Protection Area
(RPA) boundaries for the Smithfield to Nike Park Multi-Use Path project. Isle of Wight concurred with
the RPA delineation in correspondence dated November 8, 2011 (attached).
STATEMENT OF REASONS FOR SEEKING EXCEPTION
The project has been located to avoid encroachment within the RPA with the exception of the Jones
Creek Crossing (see attached figures). As specified in Section 3002 D.F trails are exempt provided they
do not exceed 5 feet in width. The proposed project at the Jones Creek Crossing will be 14 1-0" wide
Onside face to face of railing) to comply with AASHTO standards. Therefore, a request for an exception
to the requirements of Sections 4000 and 4002 of the CBPA Ordinance is being sought.
The trail will encroach within the RPA on two parcels where the City will obtain permanent easements.
These parcels are 23-01-011 (west side of Jones Creek) and 23-01-016 (east side of Jones Creek). The
trail has been located as much as possible to avoid impacts to trees within the RPA. The contractor will
be responsible for replanting removed trees on parcel 23-01-016 where feasible and provided there is
sufficient space. •
COUNTY of ISLE OF WIGHT
THE COURTHOUSE r' NOV —8 2011
iy.tkomi&Assoct&TEs,
-14 yilicitith BEACH
November 4, 2011
Pete Crum
Kimley-Horn and Associates, Inc.
4500 Main Street, Suite 500
Virginia Beach, VA 23462
RE: Chesapeake Bay Resource Protection Area (RPA) determination
Smithfield to Nike Park Trail, Smithfield area, Isle of Wight County
Dear Mr. Crum: •
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A field visit to make determinations regarding RPA was conducted on Wednesday, November 2,
2011 with you and me present to study the stream and wetland features of the proposed Nike
Park Trail, which is planned to start in the Town of Smithfield on Battery Park Road and
continue along Nike Park Road to Nike Park in Isle of Wight County.
The following is a discussion of the sites that were visited and the findings that were made
based on field evidence and stream scoring using the North Carolina method, topographic
maps, and previous field work by Kimley-Horn and Associates.
System A:
System A as identified by Kimley-Horn and Associates on Battery Park Road is located in the
Town of Smithfield and was not examined as part of the RPA determination by me as Isle of
Wight County's Environmental Planner.
System B:
System B is located along Nike Park Road west of The Oaks Lane. There is a small stream with
associated nontidal wetlands on the south side of Nike Park Road. A culvert goes under the
road and connects with what Kimley-Horn identifies as Reach 2 (R2) on the north side of Nike
Park Road. The wetlands do not extend through the culvert, so there is no wetlands
connectivity. I evaluated the site on the south side of Nike Park Road, where the proposed trail
would be, and produced a North Carolina score of 113, as opposed to Kimley-Horn's score of
8.5. Both scores mean that part of the stream is ephemeral in nature, and there is no RPA
feature.
P.O. BOX 80 • ISLE OF WIGHT • VIRGINIA 23397 • (757)357-3191 • www.co.isle-of-wight.va.us
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System C:
Kimley-Horn identified System C as Jones Creek. There was no need to subject Jones Creek to
the North Carolina scoring method since it is evident from long and repeated observation that
Jones Creek is a perennial stream feature with associated 100-foot-wide RPA buffers on both
sides of the stream. lobe able to build a multi-use, 10-foot-wide trail through this section, the
trail developers will need to seek an exception to the Chesapeake Bay Preservation Area
Ordinance, since the CBPAO only allows five-foot-wide pathways in RPAs, as stated under
CBPAO Section 3002 (D.51. The exception process involves development of a Water Quality
Impact Assessment, comments by appropriate agencies, and hearings before the Isle of Wight
County Planning Commission and the Board of Supervisors.
System D:
System D is a stream and associated non-tidal wetlands area located off Nike Park Road to the
west of a small housing development stationed next to the Nike Park recreation area. The
North Carolina scoring evaluation was done at a site identified by Kimley-Horn as Reach 3 (R3).
The stream presented itself as stagnant, with no observable flow even though there had been
rain within 48 hours of the evaluation on November 2. The stream as scored by rne came out at
23.5 points, as opposed to Kimley-Horn's score of 20.5. The stream scored strongly for
continuous bed and bank feature and for its location in a natural valley; however, there were
weaker scores for other features, including sinuosity, floodplaln, head cuts, grade controls,
hydrological features, and biological features. The score means the stream is an intermittent
feature, and there were no connected wetlands in the immediate area of R3. Further
downstream, as noted by Kimley-Horn, there appears to be a connected stream-and-wetlands
system that joins Jones Creek, and that area does involve RPA. However, the proposed pathway
for the trail as presented by Kimley-Horn skirts around the RPA in this area.
System E:
System E is located in Nike Park a little deeper in the woods and behind the small housing
development described for System D. The evaluation point is described as Reach 4 (R4). This is a
down-cutting stream section with relatively strong scores for geomorphology and relatively
weak scores for hydrology and biology. My total score came to 25 points versus 21.5 points by
Kimley-Horn. Although there is some variation in the scoring, both sets of scores clearly identify
R4 as an intermittent feature. As was the case with the evaluation point at R3, there is a
stream-and-wetlands system further downstream with connectivity to Jones Creek, which does
involve RPA. Also, as is the case with the stream system at R3, the proposed trail is routed away
from any RPA area.
In conclusion I am in agreement with Klmley-Horn's assessment of the affected stream and
wetland features associated with the proposed Smithfield to Nike Park Trail, in those areas
located in Isle of Wight County.
•
Should you have any questions, please feel free to contact me at 757-357-9114, Monday
through Friday, between 8:30 a.m. and 5 p.m.
Sincerely,
943 Cfl
Kim E. Hummel
IOW Environmental Planner
Cc: Gina lppolito
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ATTACHMENT C
twfiAelty v
Pee teen, et mt. —LO pqns ice Tea Save The eg
were peel. seen. Jr., et yr-
THIS DEO, Made this 25e day of March, 1960, by sad
between hank I.. Bassett end Plorenee I. Baesett, his
wife, of the City of flatten, State of Virginia, parties
of the fire part; and, and array Francis Seeders, Jr.
and Jeconalin• Unience Saunders, hashed and wife,
respettively, at tenants by the entirety with the right
of sterivorship In Pee Siete as at epee law, of the
County of sale of Isle of Wight. State of Virginia,
parties of the second part :
wintlIZT
That, for and in consideration of the sun Of
Ten (g10.00) Dollars, and ether good and valuable
consideration, the receipt whereof la hereby acknowledged
by the said parties of the first part fee said parties of
the same part, the said parties of the first part do,
hereby, grant, bergain, tell sal convey, with CEXIMAL
WARIANIT, unto the said parties of the second part,
as tenant, by the entirety with the right of verrivorebly,
in Fee Sinai-, as at carmen law, the fel/owing Sea/ Property,
All that certain lot, piece or parcel, of lei
cot:talent for (4) acne, sore or less, but sold'id gross
and not by the-acre, thin being a cenerete• of bitann as
to the acreage, Situate, lying and being, in Newport egisterial
District, Isle of Wight County, Virginia, and lammed zed
described as follows, to-wit.: beginning are point at low
water mark on thenetsterlrhanktsf Jones, Creek which Wilt is
an the southerly edge of Jones. Creek bridge; running thee In
a southerly direction along the low water ark on the westerly
hank of Jones* Creek for a distance of nereinatel.7 three
hundred fifty (350) feat to a point, a comer; there teeing
said Creek sad :ening in a westerly direction, past • stake,
for • distance of four here thirty-six (436) feet to • narked gee
tree to Wale a wire fence is attached, a corer; thane in A
northerly direction, along said vire fee, a distance of appeal-
eta? Saar hundred fifteen 0453 feet to a narked gm tree et
or tee spa southerly toendarref the Sete Ped So. 669, tee ••
animas. free toad,' a corner; thanes along the southerly
tendary of said Mae, in an easterly direction, • deuce of
appreadrately five hundred ten (510) Peet, to the paint of
beginning. Said lot being bounded on the Sae, by flee , Creek;
on the South and West, by the lands of Ryland 13. Ihearde art, on
the Sere, by said Road.
Del5g199(
t;:t 158 '2:1561
@Of)
•
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The property hereby conveyed la the sane in avast
respect conveyed from Hyland B. Eduard, and mire, to the said
Frank L. ItIssett by Deed dated Spann 29, 1957, and retarded in
the Clerk's Office of the Circuit Court of Isle of Light County,
Virginia, in Deed Book No. 152, as Page lca, save and escape •
snail Strip of land conveyed to the Cocaornmalth of Virginia by
said parties of the first pre for the purls:me of widening the
State Bighway by Deed dated Just 26, 1959, and recorded in said
Clerk ,. Office in Ned Soak 157, at Pede 90e ee.
The said parties of the first pert tosetant that
they are tatted in ra Simple of the said peopertybershymteveyed
and that they have the right to convey the sneeze the said
panics of the accord pert; that the sae is free and clear of
eaccobrante; that the said parties of the second part shall bay•
meet and peaceable possession of paid property; and, thee they,
the said parties of the Sint part, 14111 execute meltother and
farther asc,raues of tn. egoowty hereby Mastered as saY be
requisite.
tiT,E5S, the following sivtatures and Seale,
/alto 4•I(sim.)
Ijil)ntir (SEAL)
State of Virainia„
County of Isle of Via:. toebit:
I, Nary V. Bettye, e Notary Public for the
State of Virginia at Large, whose osamissien as inch expires
the 16th day of July, 1962, hereby certify that Frank L. Bassett
cad Plover:es K. Bassett, his &lee, *base names are signed to
the foregoing writing hearing date the 25th day of March, 1960,
have acknowledged the sane before se, is my Countyatt. State
aforesaid.
n Al= Wen under my hand this Alf day of Larch, 1960.
tar4uei
ilmiumw: Clerk's Orrice of the Csrcult Ceurt a( or Canny of lett sr
wire, earth 3, .lesti at Lomb o'clock JON lots ens was eeriest and with
Ow certificate enneiwe, seamrd ea record.
Tests, r Cies*.
SSSSSSSSSSSSSSSSSS
P13.I 5451402.-
ie.:, 158 :•-.582
•
0400o-30r
P0134 *MAT2&21104
•
043685
This Instrument prepared by FL Woodrow Crook
229 Main Street, Smithfield, Virginia 23430
Tax Map No. 23-01-016
Consideration: $3,500,000.00
THIS DEED, made and entered into this 26 th day of May, 2004, by
and between DOROTHY B. HrNF_S GEORGE M. HINES, SR. ROBERT
S. HINF_S and HARRIET C HINES, parties of the first part, Grantors, and
CYPRESS CREEK PARKE-LC, a Virginia Limited Liability Company,
party of the second part, Grantee, whose mailing address is Post Office Box
9706, Chesapeake, Virginia 23321;
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00), cash
in hand paid by Grantee to Grantor, and other good and valuable
consideration, the receipt of which is hereby acknowledged, Grantors do
hereby grant, bargain, sell and convey unto to Grantee, with GENERAL
WARRANTY and ENGLISH COVENANTS OF T/TLE, the following
described real estate, to-wit:
"All that certain lot, piece or parcel of land, situate, lying and
being in Newport Magisterial District, County of Isle of Wight,
State of Virginia, containing by estimation One Hundred Four
(104) aeles, be the same more or less, known as the "Little"
farm, and bounded on the North by the state highway leading
from Jones Creek to the Carrollton Rescue highway; on the
East by the lands formerly of T. Q. Gilliam, now owned by
A.J. Murphy; and on the South and West by Jones Creek.
- Less, Save and Except that portion of property conveyed to
the United States of America by deed dated June 1, 1955 and
recorded in the Clerk's Office of the Circuit Court of Isle of
Wight County, Virginia on June 8, 1955 in Deed book )45, and
at page 400.
USS, Save and Except that portion of property conveyed to
the Commonwealth of Virginia by deed dated June 26, 1959
and recorded in the aforesaid Clerk's Office on July 24, 1959
Deed book 156, and at page 590.
Less, Save and Except that portion of property conveyed to
the Commonwealth of Virginia by deed dated November 4, (A- e_ tr )
PG135 *MAY28.2004 ,
1966 and recorded in the aforesaid Clerk's Office on December
9,1966 in Deed book 185, at page 566.
Together with any buildings and improvements thereon,
rights and privileges, tenements, hereditaments, easements,
rights of way, and appurtenances belonging or appertaining to
the real estate.
Being the same propetty in all respects as that conveyed to
T.S. Hawn, by deed from TN. Bassett, dated December 21,
1950 and duly recorded in the Cleric's Office of the Circuit
Court of Isle of Wight County, Virnia in Deed book 135, at
page 207. The said T. S. Bassett having departed this life on
June 17, 1966 and by his Win recorded in Will Book 37, at
page 317, the subject property was bequeathed unto his wife,
Maggie H. Bassett, for her sole use and to retain a life estate in
subject property and then to his daughter Dorothy Bassett Hines
with a life estate, and her children, if any, after her death. The
said Maggie H. Bassett having departed this life on November
10,1994, and by Will in Will Book 37, at page 317, the
property passing to Dorothy Bassett Hines with a life estate.
The said children of Dorothy Bassett Hines being George M.
Hines, Sr., Robert S. Hines and Paul F. Hines. The said Paul R
Hines died January 31, 1998 and by Will dated May 30, 1979
bequeathed all of his interest to his wife, Harriett Canon Hines.
wrm ESS the following signatures and seals:
teztahy B. Hxi—L—e rot i AL)
taraiit (SEAL)
Iert S. Wines
) Cede
Harrieft C. Hines
(SEAL)
2
PG136 *MAY232004
STATE OF VIRGINIA
COUNTY OF ISLE OF WIGHT, to-wit
1. A Gee P. (,) yorkf- , a Notary Public in and for
the County and State aforesaid, do hereby certify that Dorothy B. Hines
whose name is signed to the foregoing writing, bearing date on the 26 2 day
of May, 2004, has acknowledged the same before me in my County and
State aforesaid.
Given under my hand this aL04.% day of May, 2004.
My commission expires: 3131it)
Cro:r
Notary Public
STATE OF VIRGINIA
COUNTY OF ISLE OF WIGHT, to-wit:
I, ki re P. t Itta . , a Notary Public in and for
the County and State aforesaid, do hereby certify that George M. Hines, Sr.,
whose name is signed to the foregoing writing, bearing date on the 26 th clay
of May, 2004, has acknowledged the same before me in my County and
State aforesaid.
Given under my hand this 7.( it\ day of May, 2004.
My commission expires: \ 3 t 0
0,1th 9 LuyarP
Notary Public
•
3
PG137 41AY28.2004
•
0
STATE OF VIRGINIA
COUNTY OF ISLE OF WIGHT, to-wit:
I. Attire 2 44.3 rrri— , a Notary Public in and for
the County and State aforesaid, do hereby certify that Robert S. Hines,
whose name is signed to the foregoing writing, bearing date on the 26th day
of May, 2004, has acknowledged the same before me in my County and
State aforesaid.
Given under my hand this 210 ri‘ day of May, 2004.
My commission expires: 2.13/jog
(1611, 9 Lev
Notary Public i
STATE OF VIRGINIA
COUNTY OF ISLE OF WIGHT, to-wit:
1, Ail P• tA ) tre44-- a Notary Public in and for
the County and State aforesaid, do hereby certify that Harriett C. Hines,
whose name is signed to the foregoing writing, bearing date on the 26th day
of May, 2004, has acknowledged the same before rue in my County and
State aforesaid.
Given under my hand this 26-*. day of May, 2004.
My commission expires:
3 pliog
•
4
(DC) BY'
INSTRUMENT 1040003685 RECORDEDINTHECLERK'SOFFICEOF
ISLE OF WIEHT COUNTY ON
MAY 2E4 2004 AT 12:53PM
$3,500.00 GRANTOR TAX WAS PAID AS
RECK/IPB BY SEC 58.1-802 OF THE VA. CODE
STATE: $1>7513.00 LOCAL: 11050.00
BRIMS E. LAIlts JRs
P6138 iMAY28.2004
•
•
•
KHA PROJECT #: 117032000 DATE: 09-12-14
Kimley*Horn
SMITHFIELD TO NIKE PARK PEDESTRIAN/BICYCLE TRAIL SEGMENTS 1 & 2
ISLE OF WIGHT & SMITHFIELD, VA
SCALE: 1 INCH =5,000 FEET
FIGURE 1
SITE LOCATION CREATED BY: K CRUM
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SMITHFIELD TO NIKE PARK PEDESTRIAN/BICYCLE TRAIL SEGMENTS 1 & 2
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SCALE: 1 INCH = 2,000 FEET
FIGURE 2
TOPOGRAPHIC
VICINITY
CREATED BY: K CRUM
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RPA BUFFER r--i TRAIL SEGMENT 1
MI TRAIL SEGMENT 2
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OVERALL
RPA
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CREATED BY: K CRUM SCALE: 1 INCH =2000 FEET
DATE: 09-12-14 KI4A PROJECT #: 117032000
LEGEND
J n TRAIL SEGMENT 1 CREEK
TRAIL SEGMENT 2 NONTIDAL DITCH
ADJACENT PARCELS r 1 NONTIDAL PEM
RPA BUFFER NONTIDAL PF0
TIDAL PEM
Kimley*Horn
SMITHFIELD TO NIKE PARK PEDESTRIANIBICYCLE TRAIL SEGMENTS 1 & 2
ISLE OF WIGHT & SMITHFIELD. VA FIGURE 3.A
DETAIL
RPA
LOCATION
CREATED BY: K CRUM SCALE: 1 INCH = 300 FEET
DATE: 09-12-14 KHA PROJECT it 117032000
TRAIL SEGMENT 1
TRAIL SEGMENT 2
RPA BUFFER
..c,a1011•21011s..
SMITHFIELD TO NIKE PARK PEDESTRIAN/BICYCLE TRAIL SEGMENTS 1 8. 2
ISLE OF WIGHT & SMITHFIELD, VA
SCALE: 1 INCH t300 FEET
KHA PROJECT ft 117032000
FIGURE 3.8
DETAIL
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LOCATION
Kimley>>>Horn
DATE 09-12-14
1
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LEGEND
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Water Quality Impact Analysis
SHARED USE TRAIL - SMITHFIELD TO NIKE
PARK
Isle of Wight, Virginia
September, 2014
Prepared for:
Isle of Wight County
General Services - Engineering
P.O. Box 80
Isle of Wight, Virginia 23397
Attn: Jamie Oliver
Town of Smithfield
Planning/Engineering Department
310 Institute Street
Smithfield, Virginia 23431
Attn: William Saunders
EXISTING SITE CONDITIONS 2
Location 2
Adjacent Properties 3
Topography & Surface Water Hydrology 3
Soils Designation 4
PROPOSED SITE CONDITIONS 5
Proposed Development 5
Buffer Area Encroachments 5
Designation of Wetlands 5
Wastewater Element 6
Landscape Element and Environmental Element 6
WATER QUALITY MEASURES 7
Stormwater Management 7
Proposed Mitigation 7
Technical Design Objectives 8
EROSION AND SEDIMENT CONTROL MEASURES 9
SEEDING SCHEDULE 10
REGULATORY AGENCY REQUIREMENTS 13
CONCLUSION 13
Appendices
Provided under separate cover upon request.
Water Quality Impact Assessment
for
Shared Use Trail - Smithfield to Nike Park
Preface:
The purpose of this submittal is to comply with the Chesapeake Bay Preservation Ordinance for
plan review and approval by Isle of Wight County. The Smithfield to Nike Park Trail will
consist of an approximately 3.1-mile long, 10-foot wide pedestrian/bicycle trail. The trail begins
at the intersection of Battery Park Road and South Church Street and terminates at Carrollton
Nike Park on Nike Park Road (Appendix A). The trail will provide an important connection to
citizens from neighborhoods to Carrollton Nike Park.
Purpose:
The purpose of this report is to identify the impacts of the proposed development on water
quality within the Resource Protection Areas (RPA) and to ensure that where development takes
place adjacent to RPA areas it will be the least disruptive to the natural functions of the RPA.
This report will also specify measures to address water quality protection.
Existing Site Conditions
The existing topography, soils, and hydrology of the Smithfield to Nike Park Trail were
evaluated using aerial photography, site visits, and the United States Department of Agriculture
Natural Resources Conservation Service (USDA NRCS). The USDA NRCS soil survey report is
attached in Appendix B.
Location
The Smithfield to Nike Park Trail begins at the intersection of Battery Park Road and South
Church Street and terminates at Carrollton Nike Park on Nike Park Road. The trail will be
constructed along the south side of Battery Park Road and Nike Park Road. The site location
map is included in Appendix A.
The path will be constructed in two segments as follows:
Path Segment 1 — is approximately 1.3 miles long and is located along the south side of Battery
Park Road between South Church Street and Nike Park Road in the Town of Smithfield. An
existing 5 ft. sidewalk is located on the south side of Battery Park Road between South Church
Street and Villa Drive. In areas where sidewalk exists, it will be widened to 10-feet wide.
Approximately 1.5 acres of right-of-way and 0.1 ac of permanent easements will be acquired for
Path Segment 1.
Path Segment 2 is approximately 1.8 miles and is located along the south side of Nike Park
Road between Battery Park Road and Carrollton Nike Park in Isle of Wight County. An open
pile bridge will be constructed where the multi-use path crosses Jones Creek and associated tidal
wetlands. The bridge structure will be located on the south side of Fulgham Bridge. The path will
be located to the west of the residential homes fronting Nike Park Road as the path approaches
Carrollton Nike Park and will terminate within Carrolton Nike Park. Approximately 4 acres of
permanent easements will be acquired for the construction of Path Segment 2.
All work will for both path segments will occur within County right-of-way or easements. Paved
areas of the trail will be a typical asphalt section. Bridged areas of the trail will be a timber or
steel structure.
Adjacent Properties
To the north of the trail are mainly agricultural properties, with a small amount of low density
residential area at the eastern end. The east end of the trail is located adjacent to agricultural
properties. On the south side of the trail, there are mainly agricultural properties from the central
portion of the trial to the east end, and low density residential properties closer to the west end of
the trail. At the west end of the trail, there is a small commercial area and low density residential
properties.
Topography & Surface Water Hydrology
Currently, the site is draining by sheet flow into Carrollton Branch Creek, Town Farm Creek,
and Titus Creek which are all tributaries of Jones Creek. Portions of the site also drain to Moon
Creek. Both Jones Creek and Moon Creek flow downstream in a northerly direction and
eventually out falling into the Pagan River. The trail is generally on a ridge line, with elevations
ranging from 5 feet to 45 feet NAVD88.
The eastern portion of the trail ranges from 5 to 25 feet in elevation. Drainage of the eastern
portion of the trail is split with the northern portion draining north to Jones Creek and the
southern portion draining south into Carrollton Branch Creek. The central portion of the trail has
elevations from 10 to 25 feet. Drainage of the central portion of the trail is split with the northern
portion of the trail draining north into Moon Creek and the southern portion draining south to
Jones Creek. The western end of the trail has elevations that range from 20 to 45 feet. Drainage
of the western end of the trail is spilt with the northern portion draining northeast into Moon
Creek and the southern portion draining east into Jones Creek.
FEMA
According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps
(FIRM), Community Panel Number 51093C0155D, dated September 4, 2002, the majority of the
trail is located outside of the 100-year floodplain. Approximately 1,000 linear feet in length,
adjacent to the Fulgham Bridge, is located within Zone AL This designation means that the area
mapped is subject to inundation by the 100-year flood. The base flood elevation is 8.5 (NAVD
88).
3
Soils Designation
The predominant soil types and geology were determined by using the Soil Survey of Isle of
Wight County, Virginia as prepared by the USDA NRCS. The soil survey report is attached in
Appendix B. Descriptions of the predominant soil types are summarized below:
Soil Type 3: Chickahominy silt loam
The Chickahominy series consists of poorly drained soils on stream terraces. They formed in
loamy marine deposits and / or clayey marine deposits. Typically, these soils have silt loam
surface layer 5 inches thick. The substratum from 5 to 165 inches is silty clay. Slopes range from
0 to 2 percent. Chickahominy silt loam is in hydrologic soil group D.
Soil Type 12A: Peawick silt loam, 0 to 2 percent slopes
Soils of the Peawick series consist of very deep, moderately well drained soils on marine
terraces. They formed in loamy marine deposists. Typically, the surface layer is silt loam 10
inches thick. The subsoil is clay loam from 10 to 178 inches. Slopes range from 0 to 2 percent.
Peawick silt loam is in hydrologic soil group D.
Soil Type 21: 1Jdorthents, loamy
The Udorthents series consists of soils formed in loamy marine sediments. Slopes range from 0
to 10 percent.
Soil Type 9: Myatt fine sandy loam
Soils of the Myatt series consist of moderately poorly drained soils on marine terraces. They
formed in loamy marine deposits. Typically, the surface layer is ftne sandy loam 38 inches thick.
The subsoil is sandy clay loam from 38 to 130 inches. Below this is sandy clay loam to 152
inches. Slopes range from 0 to 2 percent. Myatt fien sandy loam is in hydrologic soil group B/D.
Soil Type HA: Slagle fine sandy loam, 0 to 2 percent slopes
Soils of the Slagle series are moderately well drained soils on marine terraces. They formed in
loamy marine deposits. Typically, these soils have a fine sandy loam surface 33 inches thick. The
subsoil to 64 inches is sandy clay loam. The substratum, from 64 to 152 inches, is sandy clay
loam. Slopes range from 0 to 2 percent. Slagle fine sandy loam is in hydrologic soil group C.
Soil Type 2: Bohicket silty clay loam
Soils of the Bohicket series are very poorly drained soils on salt marshes. They formed in loamy
marine deposits. Typically, these soils have a silty clay loam surface 28 inches thick. The
substratum from 28 to 152 inches is silty clay. Slopes range from 0 to 1 percent. Bohicket silty
clay loam is in hydrologic soil group D.
4
Proposed Site Conditions
Proposed Development
The proposed construction is an approximately 4-mile long, 10-foot wide pedestrian/bicycle trail.
The trail begins at the intersection of Battery Park Road and South Church Street in Smithfield,
VA and terminates at Carrollton Nike Park. The trail will be constructed along the south side of
Battery Park Road and Nike Park Road. Paved areas of the trail will be a typical asphalt section.
Bridged areas of the trail will be a timber or steel structure. All graded areas that are not paved
will be stabilized. The site draft construction drawings are included as Appendix A.
The intention of this trail is to provide pedestrian access on Battery Park Road and Nike Park
Road and linkage from Smithfield to Carrollton Nike Park. Pedestrian and bicyclist safety will
be maximized by constructing a separate facility from the roadway. The proposed project is
consistent with Isle of Wight County's Pedestrian and Bicycle Facilities Master Plan
(http://www.co.isle-of-wight.va.us/parlcs-and-recreation/download/Master%20Plans/Ped%20%
20Bike%20Plan%20Final%200ctober%202006%20vs%2008-20-2009.pdf, accessed June 30,
2014).
Buffer Area Encroachments
There will be approximately 0.44 acres of RPA buffer area encroachments associated with the
proposed trail development. The impacted, RPA buffer is located directly east of Jones Creek.
Nike Park Road is located within this RPA buffer. Due to the fact that the proposed trail will run
into Nike Park Road, this RPA buffer area encroachment cannot be avoided.
Desinnation of Wetlands
A wetland delineation was conducted by Kimley-Hom and confirmed by the Army Corp of
Engineers (COE) in a Preliminary Jurisdictional Determination (PJD) dated September 20, 2011.
The wetland delineation identified five wetlands and water systems as follows:
•System A is located within Trail Segment 1 on the south side of Battery Park Road. The
wetlands are non-tidal emergent headwater wetlands associated with Moon Creek.
•System B consists of nontidal forested wetlands located within the western portion of
Segment 2, west of The Oaks Lane. The area appears to have been excavated or created
from past disturbance potentially associated with logging. A culvert was observed under
Nike Park Road which provides connectivity to the stream located on the north side of
the road. The stream flows north into Town Farm Creek.
•System C consists of Jones Creek and associated tidal emergent wetlands.
•System D consists of a non -tidal stream and associated non-tidal wetlands located within
the southern portion of Segment 2. The stream transitions to ditch as it approaches Nike
Park Road. The system is a tributary to Jones Creek. •
5
• System E consists of a ditch and a non-tidal stream with associated non-tidal wetlands
located near the terminus of the trail within Segment 2.
A total of ±1.7 acres of wetlands and approximately ±0.4 acres of waters occur within the
corridor. A copy of the Preliminary Jurisdictional Determination and associated mapping is
included in Appendix C. The proposed project will result in impacts to a total of 0.11 ac of
wetlands and open water and 150 linear feet of non-tidal stream. A summary of proposed
impacts to wetland and waters is provided in Table 1 below.
Table Li WETLANDSAVATERQEMPACT SUMMAR:7'111 ' " ..
Impact
Site
Trail
Segment
Impact
Description
Wetland/water
description
Area
SR
Ft
Linear
Ft
Coairdin
Classification
A 1 Timber bridge structure crossing - no impact NT, V 0 0.00 PEM
D 2 Trail - impacts from fill NT, V, PE, F 969 002 PF0413
C 2
Steel Sr umber bridge structure crossings
impacts from shading
T, V, PE,
Shading 834 0.02 E2EM I P
D 2 Trail - impacts from fill NT, V, PE, F 2223 0.05 150 PFOIR
E 2 Trail. impacts from fill NT, NV, PE, F 850 0.02 Open Water Ditch
Total Permanent Impacts 4896 0.11
F=fill, EX-excavation, T=tidal, NT=non-tidal, TE=temporay, PE-permanent, PRieperennia
IS=hydrologically isolated, Wvegetated, NV-non-vegetated, MC=Mechanized Clearing of PFO
, IN=int rmictent SE-subaqueous bottom,
A copy of the Preliminary Jurisdictional Determination and associated mapping is included in
Appendix B.
Wastewater Element
No drainfields or wastewater treatment will be utilized on this project and no impacts to
environmentally sensitive areas are anticipated as a result of the wastewater system.
Landscape Element and Environmental Element
The clearing and grading limits will be minimized to the greatest extent practicable in an effort to
reduce the possibility of sediment deposition offsite. All graded areas that are not paved will be
stabilized with vegetation. Clearing limits will be provided with final construction plans and
submitted to Isle of Wight County for engineering plan review.
•
Water Quality Measures
Stormwater Management
The Smithfield to Nike Park Trail does not alter the current drainage patterns along the project
alignment. A series of existing ditches are located between the existing roadway and the
proposed trail. These ditches and proposed culverts will collect stormwater runoff from the site
to ensure adequate drainage of the site during storm events. These systems will outfall into Jones
Creek and the wetlands surrounding the site at a rate that will not adversely impact the existing
channels.
As of the 60% submittal in December 2011, the design for stormwater management was based
on current DCR and VDOT standards and regulations as of that date, which included VDOT's
IIM-195.7 (Post Development Stormwater Management). The increased percent impervious
cover along the project was calculated to be 13% (the project area was calculated to be within
proposed and existing Ft/W in accordance with 11M-195.7) and; therefore, there is no need to
treat for water quality due to the proposed shared use path. Complete stormwater calculations are
included in Appendix C.
Stormwater Program Advisory (SWPA) notices have been released by VDOT (SWPA 12-01, 12-
02, & 12-03). According to SWPA-03 this project is grandfathered because funding has been
appropriated prior to July 1, 2012 and construction activity is scheduled to begin by July I, 2019.
Since this project is grandfathered it may utilize the technical criteria of Part 11C (4VAC50-60-
93.1 et. Seq.) for determining its post development stormwater management design. Therefore,
KHA continues to recommend using the Technology-Based criteria with a net increase of
impervious area of 13%.
Water quantity calculations have been completed for the project to verify compliance with MS-
19. A summary of each outfall along the project alignment explains how MS-I9 is being
satisfied and, where warranted, calculations have been included in Appendix C.
Proposed Mitigation
The proposed project is located within the Lower James basin (HUC 02080206). Compensatory
mitigation will be determined in consultation with the agencies. Practicable measures to avoid
and minimize impacts to wetlands and waters were evaluated during the design process given the
constraints and design needs of the project as follows:
Location of trail — The south side of Battery Park Road and Nike Park Road was selected
because approximately 80 percent of the right-of-way currently exists for construction of the trail
alone Segment I. Locating the trail on the north side of these roads would result in greater right-
of-way and easement acquisition and utility conflicts. In addition, locating the trail on the south
side of the toad provides for a safer connectivity to Carrolton Nike Park.
The trail will be located to the west (behind) the homes fronting Nike Park Road near Carrolton
Nike Park and terminate within Carrolton Nike Park along the parks western limits. The trail
•
was located behind these homes at the request of the property owners to minimize right-of-
way/easement acquisition and limit encroachment within the properties front yards. In this
vicinity, the trail was located to avoid the stream feature located near Impact Site E.
Design Requirements — AASHTO and VDOT standards must be utilized for the design of the
trail. The standards require a 10-feet wide trail with 2-feet wide shoulders and 8 feet separation
between the trail and curb face. In addition, a minimum turning radius must also be maintained.
The trail in the vicinity of Impact Site E was located as close to Nike Park Road and the homes
as possible while maintaining the required turning radius and minimizing impacts to wetlands,
streams and ditches.
Structure — A timber bridge structure will be utilized to span the non-tidal emergent headwater
wetlands associated with Moon Creek. In addition, a timber and steel bridge structure will be
utilized to span Jones Creek and associated emergent tidal wetlands. Where practicable, a
minimum height of 12 feet above the marsh substrate (deck structure will be I5-feet wide) was
utilized to avoid impacts to the emergent wetlands from shading. Potential impacts as a result of
shading are reflected in the impact summary table and shown on the WA figures. It is not
practicable to maintain 12 feet between the deck and marsh substrate throughout the length of the
bridge over the wetlands due to tie-in constraints.
Given the design constraints and needs of the project, impacts to wetlands have been avoided and
minimized to the maximum extent practicable.
Technical Design Objectives
The following technical design objectives are established for the development of drainage
systems and stormwater BMPs. They are based on the rules and regulations of the appropriate
reviewing agencies and sound engineering judgment.
• Place storm drainage outfalls immediately upstream of wetland buffers and delineated
wetlands with rip-rap aprons extending to the edge of the buffers or wetlands to decrease
storm run-off velocities.
8
Erosion and Sediment Control Measures
All erosion and sediment control practices shall be constructed and maintained in accordance
with the minimum standards and specifications of the latest edition of the Virginia Erosion and
Sediment Control Laws and Regulations and the Virginia Erosion and Sediment Control
Handbook. The following erosion control measures shall be incorporated into the design for this
project and shall apply to all construction activities within the project limits:
I. Erosion and sediment control measures will be specified for use during construction
which will control impacts on site and on the receiving waters during construction.
2.Erosion control measures shall be designed and constructed at the downstream ends
of culverts to protect against erosive velocities from the runoff.
3.a. Temporary construction entrance(s) shall be provided at the location(s) shown on
the plans. Entrance(s) shall be constructed in accordance with the Virginia
Erosion and Sediment Control Handbook (SW. & Spec. 3.02).
b. Where construction vehicle access routes intersect paved public roads, provisions
•
shall be made to minimize the transport of sediment onto the paved surface.
Where sediment is transported onto a paved public road surface, the road shall be
cleaned thoroughly at the end of each day. Sediment shall be removed from the
roads by shoveling or sweeping and transported to a sediment control disposal
area. Street washing shall be allowed only after sediment is removed in this
manner. This provision shall apply to individual subdivision lots as well as larger
land disturbing activities.
4.Silt fence, construction entrances, and erosion control stone are to be placed prior to
clearing and grubbing and prior to the first phase of construction.
5.All erosion control measures are to be installed and made operational at the start of
clearing operations, including approved sediment basins.
6.Construction will be sequenced so that grading operations can begin and end as
quickly as possible.
7.Areas which are not to be disturbed will be clearly marked by fencing, flags, etc.
8.a. Permanent or temporary soil stabilization shall be applied to denuded areas within
seven (7) days after final grade is reached on any portion of the site. Temporary soil
stabilization shall be applied within seven (7) days to denuded areas that may not be
at final grade but will remain dormant (undisturbed) for longer than thirty (30) days.
Permanent stabilization shall be applied to areas that are to be left dormant for more
than one (1) year. •
0
SEEDING SCHEDULE
•
)
TEMPORARY
Seeding Rates Seeding
Dates
Lime and Fertilizer Seeding procedure Mulching Maintenance
Rye-) BU/AC or
Wheat —2 BU/AC or
Rye- 20-30 tbeAc
Spring Oats- 3BU/ AC or
Spring Oats- (1.5 BU/AC or
Millet- 30-40 lbs/AC or
Sorghum Cross- 30-40 lbs/
AC
Aug 1- Dec
15
Feb 1- May 1
Lime I ton
agricultural
limestone or
equivalent per acre.
Fertilizer: 10001bs
10-10-10 or
equivalent per acre
Broadcast or drill seed
uniformly and cover to a
depth cf 1,6'. to approx. 2 inch
(depending on seed mixture).
Except where a grain drill is
used, seed should be covered
and the seedbed formed by
the use of corrugated
agricultural coltipacker.
Seeding implements should
be used at right angles to the
general slope to minimize
erosion
1.5 to 2
tons
small
grain
straw per
acre
immediat
ely after
seeding
SEMI PERMANENT AND PERMANENT
Seeding Rates Seeding Dates Lime and
Fertilizer
Seeding procedure Mulching Maintenance
(RATE PER ACRE WRHOUT TURF REQUIREMENT)
40-70 LBS Tall fescue (KY-
31)
2 lbs Ladino
8 lbs Red clover
Or
20-40 lbs Tall fescue (KY-31)
25 lbs Sercea Lepeaeza for
spring seeding
Fall dates:
Aug I- Nov. I
Spring dates:
Feb I- May 15
Lime 2 tons
ground limestone
or equivalent per
acre
Fertilizer 1000
lbs 10-20-10 or
equivalent per
acre
Seeding may be a
hydroseeder or
conventional
methods. With
conventional seeding
a cultipacker should
be used before and
after seeding. This
is accomplished with
a seeder-cultipacker
combination.
Prepare ground and
grade to permit use
of conventional
equipment for liming
fertilizing cultivating
and seeding
1 to 2 tons straw
per acre or 1000
lbs wood fibers
per acre or
43,560 sf Jute
mat per acre
or
Mulch
immediately
after seeding is
complete. Apply
at a uniform rate
completely
covering 50% to
75% of seeded
area.
Irrigate,
repair replace
and reseed as
necessary to
firmly
establish
healthy grass
(RATE PER 1000 SF WITH TURF REQUIREMENT)
10
8-10 LBS Tall fescue (KY-3 I) Feb.- Mar.
Sept.- Oct.
Top soiling is required for semi permanent and
permanent seeding if:
21bs Common Bennuda (hulled Spring I. Existing soil contains less than 25% fine grained
seed) materials (silt and clay).
2.Existing soil perasity prevents adequate root
7 lbs common hermuda (unhulled Fall penetration.
seed) 3.Existing soil contains concentrations of toxic
elements.
Tufcote (Bermuda) Mar.- April
Composition of topsoil
U-3 (Bermuda) Mar.- July
Sod plugs on l' centers sprigs 7 BU I. 35% minimum of fine grained materials.
broadcast 2. 1.5% minimum of organic materials.
Zoysia (meyers it emerald) Mar. - Topsoil shall be placed at four (4) inch depth
Sod plugs on l' centers April
Sprigs 7 BU broadcast
b.During construction of the project, soil stockpiles shall be stabilized or protected with sediment
trapping measures. The contractor is responsible for the temporary protection and permanent
stabilization of all soil stockpiles on site as well as soil intentionally transported from the
project site.
c.A permanent vegetative cover shall be established on denuded areas not otherwise permanently
stabilized. Permanent vegetation shall not be considered established until a ground cover is
achieved that, in the opinion of the local program administrator or his designated agent, is
uniform, mature enough to survive, and will inhibit erosion. (Hydroseeding may be used in
place of mulching.) Stabilization measures shall be applied to earthen structures such as dams,
diversions, and ditch or watercourse beds and banks immediately after installation (Std. &
Spec. 3.36 VE&SC Handbook.)
9.a. All storm sewer inlets that are to be used for drainage during construction shall be protected so
that sediment-laden water cannot enter the conveyance system without first being filtered or
otherwise treated to remove sediment.
b. Before newly constructed conveyance channels are made operational, adequate outlet
protection and any required temporary or permanent channel lining shall be installed in both the
conveyance channel and receiving channel.
10.a. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion.
Slopes that are found to be eroding excessively within one (I) year of permanent stabilization
shall be provided with additional slope stabilization measures until the problem is corrected.
b. Concentrated runoff shall not flow down cut or fill slopes unless contained within an adequate
temporary or permanent channel, flume, or slope drain structure.
II. Periodic inspections and required maintenance must be provided, especially after each significant
storm. The project superintendent shall be responsible for the installation and maintenance of all
erosion and sediment control measures.
12. The plan approving authority must be notified one (I) week prior to the preconstruction conference,
1 1
•
one (1) week prior to the commencement of any land disturbing activity, and one (1) week prior to
the final inspection.
13.All temporary erosion and sediment control measures shall be removed within thirty (30) days after
final site stabilization or after the temporary measures are no longer needed, unless otherwise
authorized by the local program administrator. Trapped sediment and the disturbed soil areas
resulting from the disposition of temporary measures shall be permanently stabilized to prevent
further erosion and sedimentation.
14.Maintenance:
In general, all erosion and sediment control measures shall be checked during construction after each
rainfall or weekly, whichever is most frequent, and should be cleaned and repaired according to the
following schedule:
a.The sediment traps will be checked regularly for sediment cleanout.
b.The sediment basins will be cleaned out when the level of sediment buildup reaches the
cleanout point indicated on the riser pipe.
c.Erosion and sediment control measures will be checked regularly for undermining or
deterioration and buildup or clogging with sediment. Corrective action will be taken
immediately.
d.All seeded areas will be checked regularly to see that a good stand is maintained. Areas should
be fertilized and re-seeded as necessary.
e.All temporary erosion and sediment control measures shall be disposed of within sixty (60)
days after final site stabilization is achieved and vegetation is established.
•
12
Regulatory Agency Requirements
There will be a number of regulatory agencies which will be involved in the review and approval
of the development plans for this site.
Isle of Wight County
Isle of Wight County will review the subdivision plats and the final construction plans for the
site. Reviews are expected from several departments including, but not limited to the planning
department. The number of reviewing bodies within the County will be based on the
development plans and the review process in place at the time of plan submittal. All work
associated with the trail developed will occur within County right-of-way or easements.
US Army Corps of Engineers and Virginia Department of Environmental Quality
The US Army Corps of Engineers and the Virginia Department of Environmental Quality (DEQ)
exercises jurisdiction over wetlands and work in and adjacent to wetland areas.
Conclusion
The Smithfield to Nike Park Trail will be constructed in a manner that is least disruptive to the
natural functions of the surrounding environment. The proposed development will generate an
impervious cover of 13% for the project area. Consequently, no water quality treatment is
required.
Erosion and Sediment Control plans will be developed in accordance with the standard
requirements and submitted with the construction plans to the appropriate review agency. Based
on the water quality and erosion control measures specified under this report, and
implementation by the developer during construction, the Smithfield to Nike Park Trail
demonstrates that it will not have a detrimental impact on water quality.
•
0
13
ISSUE:
Ordinance — Renewal of the Longview Agricultural District and
Amendment and Reenactment of Appendix D of the County Code
BACKGROUND:
Pursuant to the provisions of Section 15.2-4300 et seq. of the Code
of Virginia (1950, as amended), the Board of Supervisors adopted
Appendix D, Agricultural Districts to provide for the conservation
and protection of agricultural and forestal lands for the production
of food and agricultural and forestal products in Isle of Wight
County. As required by the Code of Virginia, each agricultural
district must be reviewed and renewed every 10 years.
The Longview agricultural district is set to expire on June 21,
2015. A review of this district by staff has resulted in no changes
being recommended at this time. As such, the district need only
be renewed for an additional 10 year period.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt a motion approving the renewal of the Longview
agricultural district for an additional 10 year period and
authorizing the Chairman to execute the revised ordinance as
presented.
ATTACHMENT:
Proposed Ordinance Revision
June IS. 2015/MCP/ Longview Agricultural District Renewal
•
•
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
APPENDIX D. AGRICULTURAL DISTRICTS.
SECTION D-1. DISTRICT ESTABLISHMENT.
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
deemed it to be in the best interest of Isle of Wight County to continue its support for the
conservation and protection of its agricultural and forestal lands; and
WHEREAS, Section 15.2-4300 et seq. of the Code of Virginia (1950, as amended)
provides localities with the legal authority to establish and maintain agricultural and
forestal districts under which Isle of Wight County has enacted Appendix D of the Isle of
Wight County Code; and
WHEREAS, Section 15.2-4311 of the Code of Virginia (1950, as amended)
requires that a review of said district(s) be made every four to ten years; and
WHEREAS, a review of the Longview agricultural district has determined no
changes need to be made to said district at this time requiring only a renewal of the district
itself;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Appendix D, Agricultural Districts, Section D-1 of the Isle of Wight County
Code be amended and reenacted as follows:
APPENDIX D.
AGRICULTURAL DISTRICTS.
Sec. D-2. District Establishment.
The County of Isle of Wight, Virginia, finds that the conservation and protection of its
agricultural and forestal lands for the production of food and agricultural and forestal
products is vital to the public interest and upon the advice of the agricultural and forestal
districts advisory committee and the planning commission, and after the conduct of a
public hearing, and with the concurrence of the landowners, the board of supervisors of
Isle of Wight County does hereby promulgate the existence of the Longview agricultural
district, the Knoxville agricultural district and the Courthouse agricultural district initially
I ,
created and established by separate ordinances in accordance with the provisions of the
Code of Virginia (1950, as amended), as follows:
A.Longview agricultural district established on June 21, 1979 for a period of eight
(8) years, and subsequently renewed, effective June 21, 1987 for a period of eight
(8) years, renewed effective June 21, 1995 for a period of ten (10) years, and
renewed effective June 21, 2005 for a period of ten (10) years, and renewed June
21, 2015 for a ten (10) year period to expire on June 21, 201-52025; and
B.Knoxville agricultural district established on April 21, 1983 for a period of eight (8)
years, and subsequently renewed, effective April 21, 1991 for a period of ten (10)
years, renewed effective April 21, 2001 for a period of ten (10) years, and
renewed effective April 21, 2011 for a period of ten (10) years to expire on June
21, 2021; and
C.Courthouse agricultural district established on September 15, 1988 for a period
of eight (8) years, and subsequently renewed, effective October 17, 1996 for a
period of ten (10) years, renewed effective October 17, 2006 for a period of ten
(10) years to expire on October 17, 2016.
D.Moonlight agricultural/forestal district established on September 20, 2012 for a
period of ten (10) years to expire on September 20, 2022. (Ord. No. 2011-17-C,
9-1-11; Ord. No. 2012-9-C, 9-20-12.)
lp.) Adopted this 18th day of June, 2015.
Rex Alphin, Chairman
Board of Supervisors
Attest:
Carey Mills-Storm, Clerk
Approved as to Form:
• Mark C. Popovich, County Attorney
ISSUE:
Resolution — Conveyance of Public Property to the Virginia
Department of Transportation
BACKGROUND:
The County obtained ownership of certain property along Mill
Swamp for the construction of Route 621. As required by the Virginia
Department of Transportation ("VDOT"), the necessary right-of-way
was conveyed to VDOT for the construction and maintenance of
Route 621.
As part of VDOT' s road improvement project on Route 621, it was
discovered that certain areas along Route 621 were not properly
conveyed from the County to VDOT. As such, VDOT has requested
that a Quitclaim Deed be recorded in the Isle of Wight County Circuit
Court Clerk's Office to address this discrepancy.
BUDGETARY IMPACT:
None.
RECOMMENDATION:
Following the public hearing, adopt a motion authorizing the
Chairman to execute any and all documents necessary to effectuate
the conveyance of the necessary right-of-way.
ATTACHMENT:
-Resolution
-Proposed Quitclaim Deed
-Map
June 18, 2015/MCP/ Sale of Public Property — Route 621
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY VIRGINIA, AUTHORIZING THE CONVEYANCE
OF REAL PROPERTY TO THE VIRGINIA DEPARTMENT OF
TRANPORTATION.
WHEREAS, the Virginia Department of Transportation ("VDOT") has
requested the conveyance of certain real property in fee simple in order to
correct inaccuracies that have been found in the original conveyance of right-
of-way along Route 621 as part of VDOT' s road improvement efforts thereon;
and,
WHEREAS, the Isle of Wight County Board of Supervisors has
determined that it is advisable to correct said inaccuracies by quitclaim deed to
VDOT of that certain portion of land in fee simple owned by the Isle of Wight
County Board of Supervisors along Route 621, commonly referred to as Mill
Swamp Road, for VDOT' s use in providing an improved roadway thereon;
and,
WHEREAS, the Isle of Wight County Board of Supervisors has
determined that it is in the best interests of the residents of Isle of Wight County
to grant to VDOT the requested real property and rights.
NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that it has carefully and diligently investigated and
considered the need and desirability for the requested property and rights and
public road improvements requested by VDOT and found that it is in the best
interest of the residents of Isle of Wight County, Virginia and in support
thereof, the Isle of Wight County of Supervisors does hereby approves the
request of VDOT; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the
Chairman of Isle of Wight County Board of Supervisors is hereby authorized
to execute all documents necessary to effectuate this Resolution
NOW, THEREFORE, BE IT FURTHER RESOLVED that a
certified copy of this resolution be forwarded to the Land Use Division for the
Virginia Department of Transportation. •
* Adopted this 18th day of June, 2015.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
Mark A. Popovich, County Attorney
COMMONWEALTH of VIKINIA
DEPARTMENT OF TRANSPORTATION
HAMPTON ROADS DISTRICT
IMO NORTH MAIN STREET
SUFFOLK. VIRGINIA 21434
Charles A. Kilpatrick, P.E.
Commissioner
May 28, 2015
Route 621
Project 0621-046-617, RW-201
Isle of Wight County
RIGHT OF WAY — Property of Isle of Wight County
Parcels 006 and 007
Isle of Wight County
% Mr. Mark C. Popovich
County Attorney
17090 Monument Circle, Suite 128
Isle of Wight County, VA 23397
Dear Mr. Popovich,
Due to the improvements scheduled for Route 621, I met with you on May 6, 2015 to discuss the areas
that had not properly been dedicated to the County on the above project. As a result of such, a
Quitclaim Deed from the County has been prepared to properly take care of these areas of dedication.
I am providing to you the Quitclaim Deed for your review and execution.
Also, I understand that a Public Hearing needed to take place, which was also discussed when we met.
Please advise if there are any questions. You can contact me at (757) 925-2651.
Sincerely,
ect
Lou Ann Riposa, SRWA
Right of Way Agent Specialist, Sr.
WE KEEP VIRGINIA MOVING
• TAX MAP #'s:
SF-5
Revised 4/05
UPC 100951
PREPARED BY VDOT
UNDER SUPERVISION OF THE
OFFICE OF THE ATTORNEY GENERAL
1750 North Main Street
Suffolk, VA 23434
Exempted from recordation taxes
and fees under Sections 58.1-811(A)(3),
58.1-811(C)(5), 58.1-3315, 25.1-418,
42.1-70, 17.1-266, and 17.1-279(E)
THIS QUITCLAIM DEED, made this day of , 2015, by and between
the COUNTY OF ISLE OF WIGHT, VIRGINIA, Grantor, and the COMMONWEALTH OF VIRGINIA,
acting by and through its Department of Transportation, Grantee; provides as follows:
WHEREAS, by a meeting duly called of the Board of Supervisors of Isle of Wight County,
Virginia, a resolution was duly passed authorizing the conveyance to the Commonwealth of Virginia,
Department of Transportation, of the hereinafter described real estate; and
WHEREAS, a public hearing on this conveyance was held pursuant to Section 15.2-1800 of the
Code of Virginia (1950), as amended;
NOW THEREFORE WITNESSETH, that for and in consideration of the Grantee's
undertaking to improve State Route 621 in the aforesaid County, and other good and valuable
consideration including the benefits to be derived therefrom by the citizens of the aforesaid County, the
receipt and sufficiency of which is hereby acknowledged, the Grantor hereby releases, remises and
quitclaims unto the Grantee the land located in Isle of Wight County, Virginia, and described as follows:
Parcel 006 - Being shown on Plat Cabinet 2, Slide 138, Page 3 of record in the Clerk's Office,
Circuit Court, Isle of Wight County, Virginia as that portion of the parcel of land identified on said plat as
"MILL SWAMP ROAD, RTE 621 (30' R/W)" lying south of the centerline of Mill Swamp Road, that
extends between the center line of Pouches Swamp to the east and a southerly continuation of the western
- 1 -
boundary line of Lot 7 (being shown on said plat as "Match Line") across said Mill Swamp Road to the
west.
Parcel 007 — Being as shown on Plat Cabinet 2, Slide 154, Page 12 of record in the aforesaid
Clerk's Office as that portion of the parcel of land identified on said plat as Mill Swamp Road, State
Route 621, lying north of the centerline of said road, that extends between the center line of Pouches
Swamp to the west and a southerly continuation of the eastern boundary of Parcel A across said Mill
Swamp Road to the east.
The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid
project as they affect its property have been fully explained to its authorized representative.
The Grantor covenants and agrees that the consideration hereinabove mentioned and received
shall be in lieu of any and all claims to compensation for land, and for damages, if any, to the remaining
lands of the Grantor which may result by reason of the use to which the Grantee will put the land to be
conveyed, including such drainage facilities as may be necessary.
[Signatures appear on following page.]
-2-
.1
WITNESS the following signature and seal:
COUNTY OF ISLE OF WIGHT, VIRGINIA
BY: (SEAL)
TITLE:
APPROVED AS TO FORM:
County Attorney
COMMONWEALTH OF VIRGINIA
COUNTY OF ISLE OF WIGHT
The foregoing instrument dated , 2015 was acknowledged before
me this day of ,20l5, by
name
as of the County of Isle of Wight, Virginia.
My Commission Expires:
Registration Number:
Notary Public
•
ISSUE:
Ordinance — Amend and Reenact Chapter 10, Licenses, Article II.
License Tax Schedule, Sections 10-20, 10-27, and 10-32 of the Isle
of Wight County Code
BACKGROUND:
An ordinance to amend Chapter 10, Article II, of the County Code
is necessary to correct the business license gross receipts
thresholds listed in Sections 10-20, 10-27, and 10-32 to ensure
consistency with other sections of this code section.
The public hearing has been properly advertised.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt an Ordinance to Amend and Reenact Chapter 10. —
Licenses, Article II, License Tax Schedule, Sections 10-20, 10-27,
and 10-32 of the Isle of Wight County Code
ATTACHMENTS:
-Ordinance
-Public Hearing Advertisement
Public Hearing, Ord. — Amend Ch. 10, License Tax, June 18, 2015, CBM
a AN ORDINANCE TO AMEND AND REENACT CHAPTER 10, LICENSES,
ARTICLE II. LICENSE TAX SCHEDULE, SECTIONS 10-20, 10-27, AND
10-32 OF THE ISLE OF WIGHT COUNTY CODE
WHEREAS, the Board of Supervisors adopted an ordinance to amend and
reenact Chapter 10, Licenses, Article II. License Tax Schedule, Sections 10-15,
10-20, 10-26, and 10-27, and 10-32 as part of the adopted Fiscal Year 2015-2016
Operating & Capital Budget; and,
WHEREAS, the threshold for gross receipts in Sections 10-20, 10-27, and
10-32 require amendments to ensure consistency with the other sections of
Chapter 10.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Isle of Wight County that Chapter 10, Licenses, Article II. License Tax Schedule,
Sections 10-20, 10-27, and 10-32 of the Isle of Wight County Code are amended and
reenacted as follows:
Chapter 10. — Licenses, Article II. — License Tax Schedule
Division 3— Retail Sales.
•
Sec. 10-20. - Amount of tax.
The license tax on each retail merchant or other person engaged in retail sales shall
be either fifty dollars when gross receipts are between four thousand dollars and _
fortinine (putt thousand nine hundred ninety nine dollars or twenty cents per one
hundred dollars of gross receipts when said gross receipts are fifty thousand dollars
or more, whichever is greater. (Ord. No. 2010-14-C, 9-23-10; E:1-15; 6 :18-15.)
Division 6. - Financial, Real Estate and Professional Services.
Sec. 10-27. - Amount of tax.
The license tax on each person engaged in financial, real estate or professional
services shall be either fifty dollars when gross receipts are between four thousand
dollars and ri;ity—niria thousand nine hundred ninety nine dollars or fifty eight
cents per one hundred dollars of gross receipts when said gross receipts are fifty
thousand dollars or more, whichever is greater. (4-21-88, § 56; 12-19-96;
'67 I -811
• Division 7. - Repair, Personal, Business and Other Services.
Sec. 10-32. - Amount of tax.
The license tax on each person engaged in any repair, personal or business service
or any other business, occupation or service not taxes taxed under any other division
of this chapter shall be either fifty dollars when said gross receipts are between
four thousand dollars and forty nine four thousand nine hundred ninety nine dollars
or thirty-six cents per one hundred dollars of gross receipts when said gross receipts
are fifty thousand dollars or more, whichever is greater. (4-21-88, § 66; 12-19-96;
5-1-15; 6-18-15.)
BE IT FURTHER ORDAINED that the aforementioned tax rates shall be
effective July 1, 2015.
BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes
of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be
furnished to the Treasurer of this County.
11,-) Adopted this day of , 2015.
Rex Alphin, Chairman
Isle of Wight County, Virginia,
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Approved as to form:
• Mark C. Popovich, County Attorney
PUBLIC HEARING
Notice is hereby given that the Isle of Wight Board of Supervisors will hold a public hearing on
Thursday, June 18, 2015, at 6:00 p.m. to consider an ordinance to amend and reenact
Chapter 10, Licenses, Article II, License Tax Schedule, Section's 10-20, 10-27, and 10-32 of the
Isle of Wight County Code for purposes of ensuring consistency of gross receipt thresholds with
other sections of Chapter 10. A copy of the proposed ordinance is available for review in the
County Administrator's Office. Any person desiring to be heard in favor of, in opposition to, or to
express his/her views with respect to the proposed ordinance may appear before and be heard by
the Board of Supervisors during the public hearing to be held in the Robert C. Claud, Sr. Board
Room, Isle of Wight Courthouse, Isle of Wight, Virginia. If you require a reasonable
accommodation, please make requests to the County Administrator's Office at least five (5) days
in advance of the public hearing at (757) 365-6204.
Ill ISSUE:
Ordinance — Code Corrections to Animals and Fowl, Amendment
and Reenactment of Chapter 3 of the County Code
BACKGROUND:
In accordance with the relevant provisions of Title 3.1 of the Code
of Virginia (1950, as amended), Isle of Wight County adopted
Chapter 3, Animals and Fowl to set forth local requirements as it
relates to the licensing, registration and care of animals in Isle of
Wight. The provisions of this ordinance have not been revised
and/or updated in some time.
In order to comply with the current provisions of the Code of
Virginia, Chapter 3 needs significant revisions. The proposed
revisions rearrange and update the local ordinance for ease of use
and compliance with current Virginia law.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt a motion authorizing the Chairman to execute the proposed
ordinance as presented.
ATTACHMENT:
Proposed Ordinance
June 18. 2015/MCP/ Chapter 3 — Animals and Fowl
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 3. ANIMALS AND FOWL.
•)
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it
necessary to update its local ordinance related to animals and fowl to conform to those
provisions set forth in the Code of Virginia (1950, as amended);
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 3. Animals and Fowl be amended and reenacted as follows:
CHAPTER 3. - ANIMALS AND FOWL.*
*Prior ordinance history: Ords. dated 2-16-84, 6-6-85, 7-2-87, 3-17-88, 6-16-88, 9-21-89,
4-5-90, 2-17-94, 7-15-99 and 12-16-99.
Article I. - In General.
Sec. 3-1. - Definitions.
The following words as used in this chapter shall have the following meanings:
AbandonNio desert, forsake, or absolutely give up an animal without having secured
another owner or custodian for the animal or by failing to provide the elements of basic
care, as set forth in eSection • - _ -8, . .
for a period of five aconsecutive days.
Adequate care or careAThe responsible practice of good animal husbandry, handling,
production, management, confinement, feeding, watering, protection, shelter,
transportation, treatment, and, when necessary, euthanasia, appropriate for the age,
species, condition, size and type of the animal and the provision of veterinary care when
needed to prevent suffering or impairment of health.
Adequate confinementAThat, while on the property of its owner and not under the direct
supervision and control of the owner or custodian, a hybrid canine shall be confined in a
humane manner in a securely enclosed and locked structure of sufficient height and
design to: (i) prevent the animal's escape; or if the hybrid canine is determined to be a
dangerous dog pursuant to eSection
arnended3-24, the structure shall prevent direct contact with any person or animal not
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authorized by the owner to be in direct contact with the hybrid canine; and (ii) provide a
minimum of one hundred square feet of floor space for each adult animal. Tethering of a
hybrid canine not under the direct supervision and control of the owner or custodian shall
not be considered adequate confinement.
Adequate exercise or exercise. The opportunity for the animal to move sufficiently to
maintain normal muscle tone and mass for the age, species, size, and condition of the
animal.
Adequate feedAAccess to and the provision of food whioh-that is of sufficient quantity and
nutritive value to maintain each animal in good health; is accessible to each animal; is
prepared so as to permit ease of consumption for the age, species, condition, size and
type of animal; Isprovided in a clean and sanitary manner; is placed so as to minimize
contamination by excrement and pests; and is provided at suitable intervals for the
species, age, and condition of the animal, but at least once daily, except as prescribed
by a veterinarian or as dictated by naturally occurring states of hibernation or fasting
normal for the species.
Adequate shelterAProvision of and access to shelter that is suitable for the species, age,
condition, size, and type of each animal; provides adequate space for each animal; is
safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the
adverse effects of heat or cold, physical suffering, and impairment of health; is properly
lighted; is properly cleaned; enables each animal to be clean and dry, except when
detrimental to the species; and, for dogs and cats, provides a solid surface, resting
platform, pad, floormat, or similar device that is large enough for the animal to lie on in a
normal manner and can be maintained in a sanitary manner. Under this chapter, shelters
whose wire, grid, or slat floors: (i) permit animals' feet to pass through the openings; (ii)
sag under the animals' weight; or (iii) otherwise do not protect the animals' feet or toes
from injury are not adequate shelter.
Adequate spaceASufficient space to allow each animal to: (i) easily stand, sit, lie, turn
about, and make all other normal body movements in a comfortable, normal position for
the animal; and (U) interact safely with other animals in the enclosure. When an animal is
tethered, "adequate space" means a tether that permits the above actions and is
appropriate to the age and size of the animal; is attached to the animal by a properly
applied collar, halter, or harness configured so as to protect the animal from injury and
prevent the animal or tether from becoming entangled with other objects or animals, or
from extending over an object or edge that could result in the strangulation or injury of the
animal; and is at least three times the length of the animal, as measured from the tip of
its nose to the base of its tail, except when the animal is being walked on a leash or is
attached by a tether to a lead line. When freedom of movement would endanger the
animal, temporarily and appropriately restricting movement of the animal according to
Page 2 •
professionally accepted standards for the species is considered provision of adequate
space.
Adequate waterWrovision of and access to clean, fresh, potable water of a drinkable
temperature which is provided in a suitable manner, in sufficient volume, and at suitable
intervals appropriate for the weather and temperature but at least once every twelve f '121
hours, to maintain normal hydration for the age, species, condition, size and type of each
animal, except as prescribed by a veterinarian or as dictated by naturally occurring states
of hibernation or fasting normal for the species; and is provided in clean, durable
receptacles which are accessible to each animal and are placed so as to minimize
contamination of the water by excrement and pests or an alternative source of hydration
consistent with the generally accepted husbandry practices.
AdoptionAThe transfer of ownership of a dog or cat, or any other companion animal, from
a releasing agency to an individual.
Agricultural animalsAAll livestock and poultry.
Ambient temperatureHhe temperature surrounding the animal.
AnimalAAny nonhuman vertebrate species except fish. For the purposes of section 84-
• • -25 "animal" means any species
susceptible to rabies. For the purposes of &Section 3,1496422-ef-ffie-Gede-elaginia
(4858)-as-arsended3-29, "animal" means any nonhuman vertebrate species including fish
except those fish captured and killed or disposed of in a reasonable and customary
manner.
Animal control officerM person appointed as an animal control officer or deputy animal
control officer as provided in &Section
amende43-2.
Animal shelterAA facility, other than a private residential dwelling and its surrounding
grounds, that is used to house or contain animals and that is owned, operated, or
maintained by a nongovernmental entity including, but not limited to, a humane society,
animal welfare organization, society for the prevention of cruelty to animals, or any other
organization operating for the purpose of finding permanent adoptive homes for animals.
Boarding establishment. \A place or establishment other than a pounkf-efpublic or private
animal shelter where companion animals not owned by the proprietor are sheltered, fed,
and watered in exchange for a fee.
Page 3
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Collar. \A well-fitted device, appropriate to the age and size of the animal, attached to the
animal's neck in such a way as to prevent trauma or injury to the animal.
Commercial dog breeder.N.Any person who, during any 12-month period, maintains 30 or
more adult female dogs for the primary purpose of the sale of their offspring as companion
animals.
Companion animalMny domestic or feral dog, domestic or feral cat, nonhuman primate,
guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal,
reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or
ownership of a person or any animal that is bought, sold, traded, or bartered by any
person. Agricultural animals, game species, or any animals regulated under federal law
as research animals shall not be considered companion animals for the purposes of this
chapter.
ConsumerMny natural person purchasing an animal from a dealer or pet shop or hiring
the services of a boarding establishment. The term 'consumer shall not include a
business or corporation engaged in sales or services.
Dealer.NAny person who in the regular course of business for compensation or profit buys,
sells, transfers, exchanges, or barters companion animals. The following shall not be
considered dealers: (i) any person who transports companion animals in the regular
course of business as a common carrier; or (ii) any person or organization whose primary
purpose is to find permanent adoptive homes for companion animals.
Direct and immediate threat. \Any clear and imminent danger to an animal's health, safety,
or life.
DumpATo knowingly desert, forsake, or absolutely give up without having secured
another owner or custodian any dog, cat or other companion animal in any public place
including the right-of-way of any public highway, road or street or on the property of
another.
Emergency veterinary treatmentWeterinary treatment to stabilize a life-threatening
condition, alleviate suffering, prevent further disease transmission, or prevent further
disease progression.
EnclosureAA structure used to house or restrict animals from running at large.
EuthanasiagThe humane destruction of an animal accomplished by a method that
involves instantaneous unconsciousness and immediate death or by a method that
involves anesthesia, produced by an agent which causes painless loss of consciousness,
and death during such loss of consciousness.
Page 4
ExhibitorAAny person who has animals for or on public display, excluding an exhibitor
licensed by the United States Department of Agriculture.
Facility.% building or portion thereof as designated by the State Veterinarian other than
a private residential dwelling and its surrounding grounds, that is used to contain a primary
enclosure or enclosures in which animals are housed or kept.
Foster care provider.% personn—iftEll3.4dual who provides care or rehabilitation for
companion animals through an affiliation with a peundTpublic or private animal shelter,
home-based rescue, releasing agency. or other animal welfare organizationec-othef
eleasing-ageney.
Foster home.% private residential dwelling and its surrounding grounds, or any facility
other than a public or private animal shelter at which site through an affiliation with a
pound public or private animal shelter home-based rescue. releasing agency. or other
other animal welfare organizationceleasing-ageoey care or rehabilitation is provided for
companion animals.
GroomerAAny person who, for a fee, cleans, trims, brushes, makes neat, manicures, or
treats for external parasites any animal.
Home-based rescueMn animal welfare organization that takes custody of companion
animal
eempainien-anicnals-in-a-ealenclar--year for the purpose of facilitating adoption and houses
such companion animals in a foster home or a system of foster homeslinding-permanent
residential-festec-hefnee.
HumaneAAny action taken in consideration of and with the intent to provide for the
animal's health and well-being.
Humane investigator.% person who has been appointed by a circuit court as a humane
investigator as provided in eSection 3-.1--7064063.2-6558 of the Code of Virginia (1950},
as amended'.
Humane societyMny incorporated, nonprofit organization that is organized for the
purposes of preventing cruelty to animals and promoting humane care and treatment or
adoptions of animals.
Hybrid canineAAny animal that is or can be demonstrated to be a hybrid of the domestic
dog and other species of the Canidae family; thatwhieh at any time has been of—i6
Page 5
permitted, registered, licensed, or advertised as such er—ethepteise—deseribeckGr
y its owner to a licensed veterinarian,
law-enforcement officer, animal control officer, humane investigator, official of the
dDepartment of hHealth or &State vVeterinarian's representative—whe—is—updec—the
Kennel.Mny establishment in which five aor more canines, felines, or hybrids of either
are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling,
or showing.
Law-enforcement officerMny person who is a full-time or part-time employee of a police
department or sheriffs office that is part of or administered by the Commonwealth or any
political subdivision thereof and who is responsible for the prevention and detection of
crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.
Part-time employees are compensated officers who are not lull-time employees as
defined by the employing police department or sheriff's office.
Livestock\Includes all domestic or domesticated: bovine animals; equine animals; ovine
animals; porcine animals; cervidae animals; capradae animals; animals of the genus
Lama; ratites; fish or shellfish in aquaculture facilities, as defined in &Section 3,1-73,63.2-
2600 of the Code of Virginia (1950), as amended); enclosed domesticated rabbits or
hares raised for human food or fiber; or any other individual animal specifically raised for
food or fiber, except companion animals.
New owner.Mn individual who is legally competent to enter into a binding agreement
amended, and who adopts or receives a dog or cat from a releasing agency or pet shop.
Other officerAIncludes all other persons employed or elected by the people of Virginia, or
by any municipality, county, or incorporated town thereof, whose duty it is to preserve the
peace, to make arrests, or to enforce the law.
OwnerMny person who: (i) has a right of property in an animal; (ii) keeps or harbors an
animal; (Hi) has an animal in his care; or (iv) acts as a custodian of an animal.
PersonMny individual, partnership, firm, joint-stock company, corporation, association,
trust, estate, or other legal entity.
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01
Pet shop. \ An establishment where companion animals are bought, sold, exchanged, or
offered for sale or exchange to the general public.
PoultryAlncludes all domestic fowl and game birds raised in captivity.
Primary enclosureAny structure used to immediately restrict an animal or animals to a
limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered
animals, the term includes the shelter and the area within reach of the tether.
Private animal shelterM facility that is used to house or contain animals and that is owned
or operated by an incorporated. nonprofit, and nongovernmental entity, including a
humane society, animal welfare organization, society for the prevention of cruelty to
animals, or any other organization operating for the purpose of finding permanent
adoptive homes for animals.
Propedy cleanedAThat carcasses, debris, food waste and excrement are removed from
the primary enclosure with sufficient frequency to minimize the animals' contact with the
above-mentioned contaminants; the primary enclosure is sanitized with sufficient
frequency to minimize odors and the hazards of disease; and the primary enclosure is
cleaned so as to prevent the animals confined therein from being directly or indirectly
sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals
or disinfectants.
Properly lighted.When referring to a facility, means sufficient illumination to permit routine
inspections, maintenance, cleaning, and housekeeping of the facility, and observation of
the animals; to provide regular diurnal lighting cycles of either natural or artificial light,
uniformly diffused throughout the facility; and to promote the well-being of the animals.
"Properly lighted," when referring to a private residential dwelling and its surrounding
grounds, means sufficient illumination to permit routine maintenance and cleaning
thereof, and observation of the companion animals; and to provide regular diurnal lighting
cycles of either natural or artificial light to promote the well-being of the animals.
Public animal shelter.A facility operated by the Commonwealth. or any locality, for the
purpose of impounding or sheltering seized, str.y, homeless, abandoned, unwanted, or
surrendered animals or a facility operated for the same purpose under a contract with any
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Releasing agencyAA public,peunel; animal shelter or a private animal shelter humane
society, animal welfare organization, society for the prevention of cruelty to animals, or
other similar entity or home-based rescue, that releases companion animals for adoption.
Research facilityAAny place, laboratory, or institution licensed by the U.S. Department of
Agriculture at which scientific tests, experiments, or investigations involving the use of
living animals are carried out, conducted, or attempted.
Responsible ownershipAThe ownership and humane care of a hybrid canine in such a
manner as to comply with all laws and ordinances regarding hybrid canines and prevent
endangerment by the animal to public health and safety.
SanitizeSto make physically clean and to remove and destroy, to a practical minimum,
agents injurious to health.
SoreAWhen referring to an equine, that an irritating or blistering agent has been applied,
internally or externally, by a person to any limb or foot of an equine; any burn, cut, or
laceration that has been inflicted by a person to any limb or foot of an equine; any tack,
nail, screw, or chemical agent that has been injected by a person into or used by a person
on any limb or foot of an equine; any other substance or device that has been used by a
person on any limb or foot of an equine; or a person has engaged in a practice involving
an equine, and as a result of such application, infliction, injection, use, or practice, such
equine suffers, or can reasonably be expected to suffer, physical pain or distress,
inflammation, or lameness when walking, trotting, or otherwise moving, except that such
term does not include such an application, infliction, injection, use, or practice in
connection with the therapeutic treatment of an equine by or under the supervision of a
licensed veterinarian. Notwithstanding anything contained herein to the contrary, nothing
shall preclude the shoeing, use of pads, and use of action devices as permitted by 9
C.F.R. Part 11.2.
State veterinarianAThe veterinarian employed by the Commissioner of Agriculture and
Consumer Services as provided in eSection M4233.2-5901 of the Code of Virginia
(1950), as amended).
State veterinarian's representativeAAn employee of the Department of Agriculture and
Consumer Services who is under the direction of the state veterinarian.
Sterilize or sterilizationAA surgical or chemical procedure performed by a licensed
veterinarian that renders a dog or cat permanently incapable of reproducing.
TreasurerAIncludes the treasurer and his or her assistants of Isle of Wight County,
Virginia or other officer designated by law to collect taxes in etree-earetylsle of Wight
County.
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Treatment or adequate treatmentAThe responsible handling or transportation of animals
in the person's ownership, custody or charge, appropriate for the age, species, condition,
size and type of the animal.
Veterinary treatmentHreatment by or on the order of a duly licensed veterinarian.
Weaned. \An animal that is capable of and physiologically accustomed to ingestion of solid
food or food customary for the adult of the species, and has ingested such food, without
nursing, for a period of at least five fadays. (11-18-04; .)
(STATE LAW REFERENCE—Sec. 3.1 706.663.2-6500 of the Code of Virginia (1954 as
amended).)
Sec. 3-2.— Duties and authority of animal control officers.
(a) By authority of the Board of Supervisors, the county shall employ an animal control
officer and one (1) or more deputy animal control officers who shall have the power to
enforce this entire chapter and all state laws enacted for animal control and protection.
fb) The animal control officer and deputy animal control officers shall have a working
knowledge of this chapter and of animal control and protection laws of the Commonwealth
of Virginia which they are required to enforce. When in uniform or upon displaying a
badge or other credentials of office, the animal control officers and deputy animal control
officers shall have the power to issue a summons or obtain a felony warrant as necessary,
providing the execution of such warrant shall be carried out by any law enforcement officer
as more specifically defined in Section 9.1-101 of the Code of Virginia (1950. as
amended), to any person found in the act of violating any such law or any ordinance
enacted pursuant to such law of the county.
(c) Nothing in this section shall be construed to prevent the issuance of a warrant for
any violation of this chapter based upon the complaint of any citizen or any law
enforcement officer and upon a finding of probable cause by an officer authorized to issue
arrest warrants generally.
Id) No individual shall interfere with an animal control officer in the legal performance
of his or her duties. This includes, but is not limited to, striking or attempting to strike the
animal control officer providing the animal control officer with false information; taking or
attempting to take any animal from an animal control officer in the legal performance of
his or her duties: taking or attempting to take any animal from any property owned or
controlled by the county without proper authority or taking or damaging any county
property used in coniunction with the animal control officers duties.
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fe) It shall be unlawful and shall constitute a Class 2 misdemeanor for any person to
make a false statement to an animal control officer while in the performance of their duties
conducting an investigation.
f STATE LAW REFERENCE—Sec. 3.2-6555 of the Code of Virginia (1950, as amended),I
Sec. 3-23. - Care of animals by owner; penalty.
(a) Each owner shall provide for each of his companion animals:
(1)Adequate feed;
(2)Adequate water;
(3)Adequate shelter that is properly cleaned;
(4)Adequate space in the primary enclosure for the particular type of animal
depending upon its age, size, species, and weight;
(5)Adequate exercise;
(6)Adequate care, treatment, and transportation; and
(7)Veterinary care when needed or to prevent suffering or disease
transmission.
The provisions of this section shall also apply to every peund ipublic or private animal
shelter, or other releasing agency, and every foster care provider, dealer, pet shop,
exhibitor, kennel, groomer, and boarding establishment. This section shall not require that
animals used as food for other animals be euthanized.
(b) Game and wildlife species shall be cared for in accordance with regulations
promulgated by the Board of Game and Inland Fisheries.
(c) Violation of this section is a class 4 misdemeanor. A second or subsequent
violation of Section 3-3(a)(1), (2), (3). or (7) is a Class 2 misdemeanor and a second or
subsequent violation of Section 3-3(a)(4). (5), or (6) is a Class 3 misdemeanor. (11-18-
04.)
(STATE LAW REFERENCE—Sec. 34-796483.2-6503 of the Code of Virginia (1950), as
amendedl.)
Sec. 344.- Transporting animals; requirements; penalty.
No owner, railroad or other common carrier when transporting any animal shall allow that
animal to be confined in any type of conveyance more than twenty-four j24) consecutive
Page 10
•
hours without being exercised, properly rested, fed and watered as necessary for that
particular type and species of animal. A reasonable extension of this time shall be
permitted when an accident, storm or other act of God causes a delay. Adequate space
in the primary enclosure within any type of conveyance shall be provided each animal
depending upon the particular type and species of animal. No person shall import into the
Commonwealth, nor export from the Commonwealth, for the purpose of sale or offering
for sale any dog or cat under the age of eight weeks without its dam. Violations of this
section shall be punishable as a sClass 1 misdemeanor. (11-18-04;_.)
(STATE LAW REFERENCE—Sec. 3,1-7-667693.2-6508 of the Code of Virginia (1950), as
amendedl.)
Sec. 3-45. - Sale, etc., of unweaned or certain immature animals prohibited;
vaccinations required for dogs and cats; penalty.
(a) No person shall sell, raffle, or offer for sale as pets or novelties, or offer or give as
a prize, premium, or advertising device any living chicks, ducklings, or other fowl under
two f2) months old in quantities of less than six (6) or any unweaned mammalian
companion animal or any dog under the age of seven aweeks without its dam, or any
cat under the age of seven faweeks, without its queen. Dealers may offer immature fowl,
unweaned mammalian companion animals, dogs or cats under the age of seven M
weeks for sale as pets or novelties with the requirement that prospective owners take
possession of the animals only after fowl have reached two_M months of age, mammalian
companion animals have been weaned, and dogs and cats are at least seven faweeks
of age. Nothing in this section shall prohibit the sale gift, or transfer of an unweaned
animal: (i) as food for other animals; op-(ii) with the lactating dam or queen or a lactating
surrogate dam or queen that has accepted the animal . Mil due to a concern for the health
or safety of the unweaned animal; or (iv) to animal control, a public or private animal
shelter, or a veterinarian.
(b)Dealers shall provide all dogs and cats with current vaccinations against
contagious and infectious diseases, as recommended in writing and considered
appropriate for the animals age and breed by a licensed veterinarian, or pursuant to
written recommendations provided by the manufacturer of such vaccines at least five al
days before any new owner takes possession of the animal. For dogs, the vaccinations
required by this subsection shall include at a minimum canine distemper, adenovirus type
II parainfluenza, and parvovirus. For cats, the vaccinations required by this subsection
shall include at a minimum rhinotracheitis, calicivirus, and panleukopenia. Dealers shall
provide the new owner with the dog's or cat's immunization history.
(c)Violation of this section is punishable as a eClass 3 misdemeanor. (11-18-04;=.)
Page 11 •
(STATE LAW REFERENCE—Sec. 3,1-796-703.2-6510 of the Code of Virginia (1950), as
amended).)
Sec. 3-66. - Failure of dealer or pet shop to provide adequate care, etc.; penalty.
Any dealer or pet shop that fails to adequately house, feed, water, exercise or care for
animals in his or its possession or custody as provided for under this chapter shall be
guilty of a °Class 3 misdemeanor. Such animals shall be subject to seizure and
impoundment, and upon conviction of such person the animals may be sold, euthanized,
or disposed of as provided by section 322.
arsendes1 for licensed, tagged, or tattooed animals. Such failure shall also constitute
grounds for revocation of a permit or certificate of registration after public hearing. Any
funds that result from such sale shall be used first to pay the costs of Isle of Wight County
for the impoundment and disposition of the animals, and any funds remaining shall be
paid to the owner, if known. If the owner is not found, the remaining funds shall be paid
into the Literary Fund of the Commonwealth of Virginia. (11-18-04;1=4
(STATE LAW REFERENCE—Sec. 3.1 706,71-3.2-6511 of the Code of Virginia (1950), as
amendedl.)
Sec. 3-67. - Misrepresentation of animal's condition; penalties.
No person shall misrepresent the physical condition of any animal at the animal's sale,
trade, delivery, or other method of transfer. For the purpose of this section,
misrepresentation shall include selling, trading, delivering or otherwise transferring an
animal to another person with the knowledge that the animal has an infection,
communicable disease, parasitic infestation, abnormality or other physical defect that is
not made known to the person receiving the animal. However, sale of an agricultural
animal that has external or internal parasites that are not made known to the person
receiving the animal shall not be a violation of this section unless the animal is clinically
ill or debilitated due to such parasites at the time of sale, trade, delivery or transfer of the
animal. Violation of this section shall be punishable as a °Class 3 misdemeanor. (11-18-
04;.)
(STATE LAW REFERENCE—Sec. 3.1 706.733.2-6509 of the Code of Virginia (1950), as
amended).)
Sec 3-78. - Abandonment of animal; penalty.
No person shall abandon or dump any animal. Violation of this section is a Class 3
misdemeanor. Nothing in this section shall be construed to prohibit the release of an
animal by its owner to a peussl-public or private animal shelter, or other releasing agency.
(11-18-04; .)
Page 12
(STATE LAW REFERENCE—Sec. 3.1 706.733.2-6504 of the Code of Virginia (1950), as
amended1)
Article II. - Dogs and Cats.
Division 1.- Licensing Generally.
Sec. 3-89. - Pet shop/dealer.
In-the-esuntyr aAny person operating a pet shop or operating as a dealer in companion
animals shallis-requiced4e obtain a permit-Mara-the-eminty. The fee for said permit shall
be as set forth in Uniform Fee Schedule adopted by the Board of Supervisors, as it may
be amended from time to tim Coction 3.2 6537 of tho Codo of Virginia (1050, an
amended). The county may refuse to issue or after issuance may revoke such permit for
fraudulent practices or inhumane treatment of the animals dealt with by the permittee.
Operating a pet shop or operating as a dealer in companion animals without having
obtained such a permit from the county shall be a Class 3 misdemeanor. (11-18-04; 5-
1-14; .)
(STATE LAW REFERENCE—Sec. 3.2-6537 of the Code of Virginia (1950), as amended.)
Sec. 3-910. - Unlicensed dogs and cats prohibited.
It shall be unlawful for any person other than a releasing agency that has registered as
such annually with animal control.in4he-eeunly to own a dog or cat four months old or
older unless such dog or cat is licensed as required by the provisions of this chapter. (11-
18-04; .)
(STATE LAW REFERENCE—Sec. 3,4-786:853.2-6524 of the Code of Virginia (1950), as
amendedl.)
Sec. 3-101. - How to obtain a license.
Any person who resides in Isle of Wight County may obtain a dog license or cat license
by making oral or written application to the tTreasurer of the county, accompanied by the
amount of license tax and current certificate of vaccination as required by this chapter or
satisfactory evidence that such certificate has been obtained. The tTreasurer or other
officer charged with the duty of issuing dog and cat licenses shall only have authority to
license dogs and cats of resident owners or custodians who reside within the boundary
limits of this county and may require information to this effect from any applicant. Upon
receipt of proper application and current certificate of vaccination as required by this
chapter or satisfactory evidence that such certificate has been obtained the tTreasurer
or other officer charged with the duty of issuing dog and cat licenses shall issue a license
receipt for the amount on which he shall record the name and address of the owner or
Page 13 •
•)
custodian, the date of payment, the year for which issued, the serial number of the tag,
whether dog or cat, whether male or female spayed or neutered, or whether aupsexed
male, unsekeel-temater-teelale-ec kennel, and deliver the metal license tags or plates
provided for herein. The information thus received shall be retained by the tTreasurer,
open to public inspection, during the period for which such license is valid. The tTreasurer
may establish substations in convenient locations in the county and appoint agents for
the collection of the license tax and issuance of such licenses. (11-18-04* .)
(STATE LAW REFERENCE—Sec. 3.1 706.863.2-6527 of the Code of Virginia (1950), as
amendedl.)
Sec. 3-142. - Amount of license tax.
(a)
The amount of the license tax for dogs and/or cats shall be as follows:
(1)Spayed or neutered dog or cat (1 year tag) $7.00;
(2)Spayed or neutered dog or cat (3 year tag) $20.00;
(3)UnspayecVneutered dog or cat (1 year tag) $10.00;
(4)Unspayed/neutered dog or cat (3 year tag) $30.00;
(5)Kennel, for 10-19 dogs $35.00;
(6)Kennel, 20-29 dogs $40.00;
(7)Kennel, 30-39 dogs $45.00; and
(8)Kennel, 40-50 dogs $50.00.
(b) If a license tag is lost, a duplicate tag may be issued at a cost of one dollar in
accordance with Section 3-17.
(c) No license tax shall be levied on any dog that is trained and serves as a guide dog
for a blind person, that is trained and serves as a hearing dog for a deaf or hearing-
impaired person or that is trained and serves as a service dog for a mobility-impaired
person.
As used in this section, tearing dog" means a dog trained to alert its owner by touch to
sounds of danger and sounds to which the owner should respond and "service dog"
means a dog trained to accompany its owner for the purpose of carrying items, retrieving
objects, pulling a wheelchair or other such activities of service or support. (11-18-04; 5-
1-14.
Page 14
(STATE LAW REFERENCE—Sec. 3,1406,873.2-6528 of the Code of Virginia (1950), as
amended.)
Sec. 3-1313. - Evidence showing inoculation for rabies prerequisite to obtaining
dog or cat license; rabies clinics.
No license tag shall be issued for any dog or cat unless there is presented, to the
tTreasurer or other officer of the county charged by law with the duty of issuing license
tags for dogs and cats at the time application for license is made, evidence satisfactory
to him showing that such dog or cat has been inoculated or vaccinated against rabies by
a currently licensed veterinarian or currently licensed veterinary technician who was
under the immediate and direct supervision of a licensed veterinarian on the premises.
(STATE LAW REFERENCE—Sec. 3.1 706,973.2-6526(131 of the Code of Virginia (1950),
as amendedl.)
Sec. 34314. - When license tax payable.
(a)On January 1 and not later than January 31 of each year, the owner of any dog or
cat four months old or older shall pay a license tax as prescribed in section 3-11 of this
chapter.
(b)If a dog or cat becomes four months of age or comes into the possession of any
person between January 1 and November 1 of any year, the license tax for the current
calendar year shall be paid by the owner.
(c)If a dog or cat becomes four months of age or comes into the possession of any
person between October 31 and December 31 of any year, the license tax for the
succeeding calendar year shall be paid by the owner and this license shall be valid from
the date the license is purchased. (11-18-04.)
Sec. 34415. - Effect of dog or cat not wearing collar as evidence.
Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall
prima facie be deemed to be unlicensed, and in any proceedings under this chapter the
burden of proof of the fact that such dog or cat has been licensed, or is otherwise not
required to bear a tag at the time, shall be on the owner of the dog or cat. (11-18-04.)
Page 15
0 )
(STATE LAW REFERENCE—Sec. 34496r893.2-6533 of the Code of Virginia (1950), as
amended).)
Sec. 34616. - What a dog or cat license shall consist of.
A dog or cat license shall consist of a license receipt and a metal tag. The tag shall be
stamped or otherwise permanently marked to show the jurisdiction issuing the license
and the calendar year for which issued and bear a serial number. The tag may be
stamped or otherwise marked to show the sex of the dog or cat. (11-18-04.)
(STATE LAW REFERENCE—Sec. 34-796,903.2-6526(A) of the Code of Virginia (1950),
as amended).)
Sec. 34617. - Duplicate license tags.
If a dog or cat license tag is lost, destroyed or stolen, the owner or custodian shall at once
apply to the 'Treasurer or his agent who issued the original license for a duplicate license
tag, presenting the original license receipt. Upon affidavit of the owner or custodian before
the tTreasurer or his agent that the original license tag has been lost, destroyed or stolen,
he shall issue a duplicate license tag which the owner or custodian shall immediately affix
to the collar of the dog. The tTreasurer or his agent shall endorse the number of the
duplicate and the date issued on the face of the original license receipt. The fee for a
duplicate tag for any dog or cat shall be one dollar. (11-18-04;=.)
(STATE LAW REFERENCE—Sec. 34406:943.2-6532 of the Code of Virginia (1950), as
amended).)
Sec. 34718. - Displaying receipts; dogs to wear tags.
Dog and cat license receipts shall be carefully preserved by the licensees and exhibited
promptly on request for inspection by any animal warden -control officer or other officer.
Dog license tags shall be securely fastened to a substantial collar by the owner or
custodian and worn by such dog. It shall be unlawful for the owner to permit any licensed
dog four (4) -months old or older to run or roam at large at any time without a license tag.
The owner of the dog may remove the collared and license tag required by this section
when: (i) the dog is engaged in lawful hunting; (ii) the dog is competing in a dog show;
(iii)the dog has a skin condition which would be exacerbated by the wearing of a collar;
(iv)the dog is confined; or (v) the dog is under the immediate control of its owner. (11-18-
JSTATE LAW REFERENCE—Sec. 3.2-6532 of the Code of Virginia (1950. as amended).)
Division 2. - Running at Large Generally.
Page 16
Sec. 3-4419. - Running at large prohibited within certain zoned areas; "at large"
defined; responsibility of owners or custodians.
faLEgflwan
asient or the custodian
m• nn of •- no • I ors s' • • •-• h. .
" d ri he fllEg.u.,n1Q1n6naik: nigib ftsgfi s
hunter or jiod jtjalasi_lainim periods wheraccomoanied by its yffl[Qj
=tam,
fb) •It shall be unlawful for the owner or custodian of any dog to allow such dog to run
at large at any time within any area in the county other than those districts zoned Rural
Agricultural Conservation. This exception does not apply to designated mobile homes
parks and/or trailer parks in Rural Agricultural Conservation Districts nor in the Rushmere
Shores Subdivision. It is further, unlawful, for the owner or custodian of any dog to allow
such dog to run at large on any garbage collection sites or any other publicly owned
property in the County of Isle of Wight.
fc) It shall be the responsibility of owners or custodians of dogs residing within the
Rural Agricultural Conservation Districts of the county to control such dogs to prohibit
them from roaming in the other areas covered by this section. (11-18-04 . .)
fd) It shall be unlawful for the owner of any livestock or poultry to permit the same to
run at large beyond the limits of the boundaries of the lot or tract of land where such
animal is normally or regularly confined. For purposes of this subsection, the boundary
lines of each lot or tract of land within the county shall be a lawful fence as to livestock
and poultry domesticated by man.
(STATE LAW REFERENCE—Sec. 34486793-3.2-6538 and Sec. 55-310 et seg. of the
Code of Virginia (1950), as amended.)
Sec. 34820. - Female dogs or cats in season.
It shall be unlawful for the owner of any female dog or cat to permit such dog or cat to
stray from his premises while such dog or cat is known to such owner to be in season.
(11-18-04.)
Page 17
(STATE LAW REFERENCE—Sec. 34496r943.2-6543 of the Code of Virginia (1950), as
amended).)
Division 3. - Impoundment and Disposition.
Sec. 3-2021. - Duty to impound; animal reclaimable with proof of ownership and fee
payment.
Any dog or cat found running at large shall be apprehended and placed in the county
public peancl-animal shelter for safekeeping and may be reclaimed by the owner or
custodian, upon showing satisfactory proof that he or she is the owner or custodian of
such dog or cat and upon payment of such impoundment and board fees as set forth in
the Uniform Fee Schedule adopted bvaro octabliched by the board of eSupervisors of
Isle of Wight County, Virginia, as it may be amended from time to time. (11-18-04; .)
(STATE LAW REFERENCE—Sec. 3A-796,963.2 6546 of the Code of Virginia (1950), as
amended).)
Sec. 3-24n. - Confinement and disposition of animals.
(a)Any animal which has been confined in the eemity-abimal-peundpublic animal
shelter pursuant to this section shall be kept for a period not less than fivein days, such
period to commence on the day immediately following the day the animal is initially
confined in the facility, unless sooner claimed by the rightful owner thereof.
(b)The operator or custodian of the pound shall make a reasonable effort to ascertain
if the animal has a collar, tag, license, tattoo, or other form of identification. If such
identification is found on the animal, the animal shall be held for an additional five f5_1
days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can
be readily identified, the operator or custodian of the public animal sheltereeuntl shall
make a reasonable effort to notify the owner of the animal's confinement within the next
bvecity4eur-forty-eight (48) hours following its confinement. If any companion animal
confined pursuant to this section is claimed by its rightful owner, such owner will be
charged an impound/pickup and a kennel fee as shall be set forth in the Isle of Wight
County Uniform Fee Schedule, as adopted by the board of &Supervisors, as it may be
amended. If any other animal confined pursuant to this section is claimed by its rightful
owner, such owner may be charged with the actual expenses incurred in keeping the
animal impounded. The owner of any animal confined pursuant to this section may also
be charged with the actual expenses of any veterinary care rendered while the animal
was in the custody of Isle of Wight County.
(c)If an animal confined pursuant to this section has not been claimed upon expiration
of the appropriate holding period as provided by subsection (a) or (b) herein, it shall be
Page 18
•1
deemed abandoned and become the property of the peundpublic animal shelter. Such
animal may be euthanized in accordance with the methods approved by the State
Veterinarian orhurnanely-eestreyeel-er disposed of by the methods set forth in subsections
(1) through (5) below. No peund-shelterd shall release more than two aanimals or a
family of animals during any thirty30-day period to any one person under subsections (2),
(3), or (4).
(1)Release to any humane society, public or private animal shelter, or other
releasing agency within the °Commonwealth, provided that each humane society public
or private animal shelter, or other releasing agency obtains a signed statement from each
of its directors, operators, staff, or animal caregivers specifying that each individual has
never been convicted of animal cruelty, neglect, or abandonment and updates such
statements as changes occurc
(2)Adoption by a resident of Isle of Wight County and who will pay the required
adoption fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as
adopted by the board of supervisors, as it may be amended, on such animal, agrees to
have the animal sterilized in accordance with the provisions of °Section 3:4496,126:13.2-
6574 of the Code of Virginia (1950), as amended], and provided that such resident has
read and signed a statement specifying that he has never been convicted of animal
cruelty, neglect, or abandonment:i
(3)Adoption by a resident of an adjacent political subdivision of the
°Commonwealth and who will agree to have the animal sterilized in accordance with the
provisions of °Section 3:449642643.2-6574 of the Code of Virginia (1950), as
amended], and provided that such resident has read and signed a statement specifying
that he has never been convicted of animal cruelty, neglect, or abandonmenbi
(4)Adoption by any other person, provided that such person has read and
signed a statement specifying that he has never been convicted of animal cruelty, neglect,
or abandonment, and provided that no animal may be adopted by any person who is not
a resident of the county or of an adjacent political subdivision, unless the animal is first
sterilized, and the pound public animals shelter may require that the sterilization be done
at the expense of the person adopting the animara:
(5)Release for the purposes of adoption or euthanasia only, to an animal
shelter, or any other releasing agency located in and lawfully operating under the laws of
another state, provided that such animal shelter, or other releasing agency: (i) maintains
records that would comply with the provisions of Ssection 3,1-7464053.2-6557 of the
Code of Virginia (1950), as amended); (ii) requires that adopted dogs and cats be
sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and
animal caregivers specifying that each individual has never been convicted of animal
Page 19
cruelty, neglect, or abandonment, and updates such statement as changes occur; and
(iv) has provided to the public or pdvatepeur* animal shelter, or other releasing agency
within the °Commonwealth a statement signed by an authorized representative specifying
the entity's compliance with clauses (i) through (iu), and the provisions of adequate care
and performance of humane euthanasia, as necessary, are in accordance with the
sections 3.1 706.68 and 3.1 706.06 of tho Codo of Virginia (1960), a,
amended:provisions of this chapter.
(d)For purposes of recordkeeping, release of an animal by a peuad-private animal
shelter to a public or private animal sheltentieuncli-animal-sheltei or other releasing
agency shall be considered a transfer and not an adoption. If the animal is not first
sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
(e)No provision herein shall prohibit the immediate euthanasia of a critically injured,
critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant
to the provisions of this chapter shall be euthanized by one of the methods prescribed or
approved by the estate veterinarian.
(f)Nothing in this section shall be construed to prohibit confinement of other
companion animals in such a peunclpublic animal shelter,
For the purposes of this section, the term "animal" shall not include agriculture animals.
(11-18-04; 5-1-14;----,.)
(STATE LAW REFERENCE—Sec. &I-706463.2-6546 of the Code of Virginia (1950), as
amended')
Sec. 3-2423. - Adoption of hunting dogs.
In addition to the foregoing provisions of sSection 3-224, a person who wishes to adopt
a dog of hunting breed extraction may do so for the same fees and sterilization
requirements required under sSection 3-24-2; provided, that such person agrees to retain
the dog for at least twenty-one (21) days, putting a collar and name tag on the dog
immediately; provided, further, that during the twenty-one days, such person may test the
dog to determine if such dog will "hunt," and if such dog will not "hunt," such person may
return the dog to the Getinty-peunripublic animal shelter for a full refund; provided, further,
that during the twenty-one-day trial period, such person agrees to be fully, and legally
responsible for any damage such dog might do, including the killing or injuring of livestock
and/or fowl; and provided, further, that such person must agree not to sell the dog for a
period of one (1) year and that, during the one-year period, if the person finds that the
dog does not meet his/her needs, the person shall return the dog to the eciunty-pepublic
animal shelterand but, after the initial days, will not be entitled to any refund for money
paid to the county. (11-18-041_4
Page 20
Division 4.- Dangerous or Vicious Dogs.
Sec. 3-2324. - Control of dangerous or vicious dogs.
(a)As used in this section, "dangerous dog" means a canine or canine crossbreed
that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog
or cat or killed a companion animal that is a doe or cat. ffieweven-wWhen a dog attacks
or bites another-a companion animal that is a dog or cat, the attacking or biting dog shall
not be deemed dangerous: (i) if no serious physical injury as determined by a licensed
veterinarian has occurred to the ether -dog or cat as a result of the attack or bite; es-(ii)
both dogs-animals are owned by the same person; (Hi) if such attack occurs on the
property of the attacking or biting doe's owner or custodian: or (iv) for other good cause
as determined by the court. No dog shall be found to be a dangerous dog as a result of
biting, attacking or inflicting injury on another dog or cat while engaged with an owner or
custodian as part of lawful hunting or participating in an organized, lawful dog handling
event. "Vicious dog' means a canine or canine crossbreed that has: (i) killed a person;
(ii) inflicted serious injury to a perso
, or (iii) continued
to exhibit the behavior whiski-that resulted in a previous finding by a court or an animal
control officer pursuant to the provisions of subsection (k), that it is a dangerous dog,
provided that its owner has been given notice of that finding.
(b)Any animal control officer who has reason to believe that a canine or canine
crossbreed within 1flQQjflyh4sjuc464otwis a dangerous clowor vicious dog shall apply
to a magistrate serving the county for the issuance of a summons requiring the owner or
custodian, if known, to appear before themay fib a cult in General District Court in Isle of
Wight County. The petitien-summons shall advise the owner of the nature of the
proceeding and the matters at issue. If a law-enforcement officer successfully makes an
application for the issuance of a summons, he shall contact the animal control officer and
inform him of the location of the doe and the relevant facts pertaining to his belief that the
doe is dangerous or vicious. The animal control officer shall confine the animal until such
time as evidence shall be heard and a verdict rendered. If the animal control officer
determines that the owner or custodian can confine the animal in a manner that protects
the public safety, he may permit the owner or custodian to confine the animal until such
time as evidence shall be heard and a verdict rendered. The court, through its contempt
powers, may compel the owner, custodian or harborer of the animal to produce the
animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog,
the court shall order the animal's owner to comply with the provisions of this
ehasterdivision. Further. if the court, upon finding the animal to be a dangerous doe mav
order the owner to pay restitution for actual damages to any person inbred by the animal
or whose companion animal was inbred or killed by the animal and may, at the court's
Page 21 •
•
discretion, also order the owner to pay all reasonable expenses incurred in carinq_anq
providing for such dangerous doe from the time the animal is taken into custody until such
time as the animal is disposed of or returned to the owner. If after hearing the evidence,
the court finds that the animal is a vicious dog, the court shall order the animal euthanized
in accordance with the provisions of section 3.1 706 1103 2-6562 of the Code of Virginia
(1950), as amended.
(c)No canine or canine crossbreed shall be found to be a dangerous dog or vicious
dog solely because it is a particular breed, nor shall ownership of a particular breed of
canine or canine crossbreed be prohibited. No animal shall be found to be a dangerous
dog or vicious dog if the threat, injury or damage was sustained by a person who was: (i)
committing, at the time, a crime upon the premises occupied by the animal's owner or
custodian; 00 committing, at the time, a willful trespass or other tort upon the premises
occupied by the animal's owner or custodian; or (Hi) provoking, tormenting, or physically
abusing the animal, or can be shown to have repeatedly provoked, tormented, abused,
or assaulted the animal at other times. No police dog that was engaged in the
performance of its duties as such at the time of the acts complained of shall be found to
be a dangerous deg-or a-vicious dog. No animal which, at the time of the acts complained
of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its
owner or owner's property, shall be found to be a dangerous deg-or a-vicious dog.
(d)The owner of any animal found to be a dangerous dog shall, within ten-forty-five
,(45) days of such finding, obtain a dangerous dog registration certificate from the local
animal control officer for a fee as shall be set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the board of supervisors, as it may be amended, in addition
to other fees that may be authorized by law. The local animal control officer shall also
provide the owner with a uniformly designed tag that identifies the animal as a dangerous
dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears
the collar and tag at all times. All certificates obtained pursuant to this subsection shall be
renewed annually for the same fee and in the same manner as the initial certificate was
obtained.
(e)All certificates or renewals thereof required to be obtained under this section shall
only be issued to persons eighteen years of age or older who present satisfactory
evidence: (i) of the animal's current rabies vaccination, if applicable; 00 that the animal
has been neutered or spayed; (iii) that the owner has liability insurance coverage, to the
value of at least one hundred thousand dollars, that covers animal bites; and (iv) that the
animal is and will be confined in a proper enclosure or is and will be confined inside the
owner's residence or is and will be muzzled and confined in the owner's fenced-in yard
until the proper enclosure is constructed. In addition, owners who apply for certificates or
renewals thereof under this section shall not be issued a certificate or renewal thereof
Page 22
•
unless they present satisfactory evidence that: (i) their residence is and will continue to
be posted with clearly visible signs warning both minors and adults of the presence of a
dangerous dog on the property; and (ii) the animal has been permanently identified by
means of a tattoo on the inside thigh or by electronic implantation.
(f)While on the property of its owner, an animal found to be a dangerous dog shall
be confined indoors or in a securely enclosed and locked structure of sufficient height and
design to prevent its escape or direct contact with or entry by minors, adults, or other
animals. The structure shall be designed to provide the animal with shelter from the
elements of nature. When off its owner's property, an animal found to be a dangerous
dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the
animal or interfere with the animal's vision or respiration, but so as to prevent it from biting
a person or another animal.
(g)If the owner of an animal found to be a dangerous dog is a minor, the custodial
parent or legal guardian shall be responsible for complying with all requirements of this
section.
(h)After an animal has been found to be a dangerous dog, the animal's owner shall
immediately, upon learning of same, notify the local animal control authority if the animal:
(i)is loose or unconfined; (H) bites a person or attacks another animal; (iii) is sold, given
away, or dies; or (iv) has been moved to a different address.
(i) The owner of any animal which has been found to be a dangerous dog who willfully
fails to comply with the requirements of this section shall be guilty of a eClass 1
misdemeanor.
co All fees collected pursuant to this section, less the costs incurred by the animal
control authority in producing and distributing the certificates and tags required by this
ehapterdivision, shall be paid into a special dedicated fund in the Isle of Wight County
treasury for the purpose of paying the expenses of any animal control officer training
required under eSection 3.1 706 10443 2-6556 of the Code of Virginia (1954 as
amended);
(k) Notwithstanding the provisions of subsection (c) of this section, any animal control
officer may determine, after investigation, whether a dog is a dangerous dog. If the animal
control officer determines that a dog is a dangerous dog, he may order the animal's owner
to comply with the provisions of this chapter. If the animal's owner disagrees with the
animal control officer's determination, he may appeal the determination to the general
district court for a trial on the merits. (11-18-04; 5-1-14.)
(STATE LAW REFERENCE—Sec. 24-7-86,024-3.2-6540 and 3.2-6540.1 of the Code of
Virginia (19503, as amendedl.)
Page 23 •
Division 5.- Rabies Control Generally.
Sec. 34425.- Declaration of rabies emergencies; disposition of animals suspected
as rabid.
(a) When there is sufficient reason to believe that the risk of exposure to rabies is
elevateda-rabid-aftifilai-is4t-large, the bBoard of eSupervisors shall-passmay enact an
emergency ordinance; that shall become effective immediately upon passage, requiring
owners of all dogs and cats therein to keep the same confined on their premises unless
leashed under restraint of the owner in such a manner that persons or animals will not be
subject to the danger of being bitten by the-a rabid animal. Any such emergency ordinance
enacted pursuant to the provisions of this section shall be operative for a period not to
exceed thirty f30) days unless renewed by the board of supervisors. The bBoard of
sSupervisors shall also have the power and authority to pass ordinances restricting the
running at large of dogs and cats which have not been inoculated or vaccinated against
rabies and to provide penalties for the violation thereof.
lb) Dogs or cats showing active signs of rabies or suspected of having rabies jhat is
not known to have exposed a person, companion animal, or livestock to rabies shall be
confined under competent observation for such a time as may be necessary to determine
a diagnosis. If confinement is impossible or impracticable, such dog or cat shall be
euthanized by one of the methods approved by the state vVetednarian as provided in
&Section 3-223.2-6562 of the Code of Virginia (1950. as amended)44-this-shapter.
f c) _Every person having knowledge of the existence of any animal that is suspected
to be rabid and that may have exposed a person, companion animal, or livestock to
rabiesapparently-afflieted-w411-rabies shall report immediately to the local health
department the existence of such animal, the place where seen, the owner's name, if
known, and the symptoms suggesting rabies.
fd) Any dog or cat, for which no proof of current rabies vaccination is available, and
whish-isthat may have been exposed to rabies through a bite, or through saliva or central
nervous system tissue, in a fresh open wound or mucous membrane, by an animal
suspected to be rabidbelieyecl-te-be-afflieted-with-raNes, shall be isolated in a public
animal sheltereerifineri-i&-a-pearirl, kennel or enclosure approved by the health
department for a period not to exceed six (6) months at the expense of the owner or
custodian in a manner and by a date certain as determined by the local health director
however, if this is not feasible, the dog or cat shall be euthanized by one of the methods
approved by the &State vVeterinarian as provided in section 3 223.2-6562 of the Code
of Virginia (1950, as amended) of this chapter. A rabies vaccination shall be administered
prior to release. Inactivated rabies vaccine may be administered at the beginning of
serifigersentisolation. Any dog or cat so bitten, or exposed to rabies through saliva or
Page 24
central nervous system tissue, in a fresh open wound or mucous membrane with proof of
a-valkl-rablescurrent vaccination, shall be revaccinated by a licensed veterinarian
immediately following the bite-exposure and shall be confined to the premises of the
owner or custodian or other site as may be approved by the local health department at
the expense of the owner or custodian for a period of forty-five ,(45) days.
(e)At the discretion of the director of the local health department, any animal that may
have exposed-has-bitten a person shall be confined under competent observation for ten
(10) days at the expense of the owner or custodian unless the animal develops active
symptoms of rabies, expires, or is euthanized expires -before that time. A seriously injured
or sick animal may be burnanely-euthanized as provided in &Section 8-423.2-6562 of the
Code of Virginia (1950, as amended'
(f)When any potentially-suspected rabid animal, other than a dog or cat, exposes or
may have exposed a person to rabies through a bite, or through saliva or central nervous
system tissue, in a fresh open wound or mucous membrane decisions regarding the
disposition of that animal shall bethat-ankbal-shall-be-eenfined at the discretion of the
local health director' : nd m
jnclude euthanasia-euthanized as provided in &Section 3433 2-6562 of the Code of
Virginia (1950, as amended) or as directed by the state agency with iurisdiction over that
specie
Jo) When any animal, other than a dog or cat, is exposed or may have been exposed
to rabies through a bite, or through saliva or central nervous system tissue, in a fresh
open wound or mucous membrane, by an animal believed-te-be-afflistesi-witb
rabiessuspected to be rabid decisions regarding the disposition of that newly exposed
animal shall be confined at the discretion of a local health director-in-a-manner-apprewed
(11 18 04;_.)
(STATE LAW REFERENCE—Sec. 3.1 706.083.2-6522 of the Code of Virginia (1950), as
amendedl.)
Division 6- Feral Cat Colonies
Sec. 3-26. - Unlawful care of feral cats; exception.
fa) For purposes of this article, the following terms shall have the following meanings:
11) The acronym "ACO" shall mean the Isle of Wight Animal Control Officer or
a designee.
Page 25
•
(2) The term 'caregiver" shall mean a resident of Isle of Wight County. Virginia
who has been designated as a feral cat caregiver by the ACO pursuant to the provisions
of this article, and who accepts responsibility for expenses associated with providing care
to feral cats.
(3)The term "cat" shall mean a feline over the age of sixteen weeks.
(4)The term "feral car shall mean any cat that is not or has never been owned
by a person, or was formerly owned and has been abandoned.
(5)The term 'feral cat colon? shall mean a group of feral cats who generally
live outdoors and have little or no human contact.
(6)The term "kitten' shall mean a feline sixteen weeks of age or under.
(b) Except as provided in this article, it shall be unlawful for any person to maintain a
feral cat colony by providing food, water, or other forms of sustenance and care unless
such person is a resident of Isle of Wight County. Virginia. and has been designated as
and is currently appointed, a caregiver by the AGO.
fc) County residents desiring to provide food, water and other forms of sustenance
and care to feral cats in Isle of Wight County. Virginia. shall annually apply to the ACO to
be designated as a caregiver, and every person so designated shall comply with the
provisions of this article throughout their term of appointment. There shall be a fee as
shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the
board of supervisors, as it may be amended, associated with applying for this designation,
per feral cat colony, which shall be due and payable annually.
fd) Every caregiver shall comply with the following conditions with respect to feral cats
or feral cat colonies for which they are a designated caregiver:
f 1 Provide (i) written permission from the property owner on whose property
lhe feral cat colony will be located or cared for; (H) evidence of reasonable efforts made
to obtain the support for the feral cat colony from all adjacent property owners: and (iii) a
good faith estimate of the number of feral cats and kittens residing in the colony at the
time a caregiver's designation is applied for.
(2)Assume personal responsibility and make arrangements for feeding and
providing emergency veterinarian treatment as needed to their feral cat or feral cat colony
on a regular basis throughout the year. including weekends, holidays, and at such times
as the caregiver is unable, for any reason, to provide such care.
(3)Provide regular and frequent trapping of not less than two times per month
through the use of humane box traps of feral cats and kittens over the age of eight weeks
Page 26 •
who have not been spayed or neutered, vaccinated, and marked as provided herein. The
trapped feral cats shall be spayed or neutered, vaccinated for rabies, and marked by
having their ears tipped by a veterinarian professionally licensed by the Commonwealth
of Virginia. It is also recommended, but not required, that all trapped feral cats be
vaccinated by the veterinarian for distemper and implanted with a micro chip for
identification purposes.
(4) Make every attempt to remove kittens from the colony between the age of
eight weeks and sixteen weeks for domestication and placement with a person who is
willing to be the owner of same.
f 5) If possible, have all trapped feral cats and kittens tested for feline leukemia
and feline immunodeficiency virus; and to have those which test positive for same
humanely euthanized or assure that any feral cat or kitten known to have an infectious
disease is not released to the outdoors.
(6) Maintain, on an individual cat basis, documentation of all vaccinations
inoculations, medical_procedures and sustenance provided to feral cats under their care
and upon request, to provide such documentation to the ACO.
f7) Authorize veterinarians attending to feral cats or kittens under their care to
release copies of all medical records with regard to such feral cats to the ACO.
(8) Maintain protection for the feral cats and kittens sufficient to shield them
from adverse weather conditions, and maintain the surrounding area free and clear of
garbage, trash and debris.
f9) Notify the ACO of the introduction of any new cats to the feral cat colony.
f 10) Ensure that a feral cat colony for which a person has been designated a
caregiver does not exceed twenty cats unless reasonably authorized by the ACO giving
consideration to the size, shape, locations and ability to maintain the feral cat colony on
the property.
fe) In the event a caregiver is found by the ACO to have violated any provision of this
article, or failed to comply with any of its_provisions, the ACO may require the caregiver
to cease, desist and rectify their violation, or terminate their designation as a caregiver,
depending on the severity of the violation. If abatement of the violation is appropriate, the
caregiver shall be issued a notice of noncompliance specifying that the caregiver has
forty-eight hours within which to provide a written response to the ACO specifying the
steps to be taken by the caregiver to come into compliance with the provisions of this
article within a thirty-day period. The ACO may grant one thirty-day extension if the
caregiver demonstrates a good faith effort to comply, and the ACO feels that compliance
Page 27 •
may be achieved within the thirty-day extension period. The caregiver shall make an
action report to the ACO at the end of each thirty-day period or when compliance is
achieved, whichever occurs first. If the ACO determines that the violation is sufficiently
serious to warrant termination of the caregiver designation, a notice of such termination
shall be provided to that person.
ff) If compliance with the provisions of this article are not achieved as provided in
subsection (d) of this article, or if termination as a caregiver is otherwise warranted. the
ACO shall cause a notice of termination to be either personally delivered to the caregiver
or mailed to the caregiver by certified mail, return receipt requested, at the address
provided by the caregiver on their current application for such designation. Compliance
with this subsection by personal delivery shall be effective upon delivery; compliance with
this subsection by mailing shall be effective on the day first delivered to the recipient's
address. Termination of designation as a caregiver by the ACO may be appealed to the
county administrator's office by such person by providing notice of the appeal in writing
stating the basis for the appeal within ten calendar days of delivery of the notice of
termination as required in this subsection.
fol For purposes of this article, and except as providing in this section. a person who
has been designated as a caregiver shall not be considered an owner or a custodian of
the feral cats for which they are providing care.
fh) The provisions of this section do not grant to caregivers any authority to enter upon
the property of others without the property owner's permission.
f I) In the event the ACO becomes aware, either through a compliant or personal
observation, of a feral cat or feral cat colony, he shall make a reasonable attempt to
determine if a suspected feral cat or feral cat colony has a caregiver who will comply with
this section. If. after making such an attempt, no caregiver is identified or is willing to
comply with the provisions of this section. the ACO shall take all necessary action to
obtain permission from the property owner(s) to enter upon the property to capture and
remove the feral cats, and to dispose of the captured cats in accordance with the
provisions of this chapter for the disposal of impounded animals.
Li) Neither feral cats nor feral cat colonies may be maintained on property owned or
controlled by the county.
(k) Any person who violates subsection (b) of this section shall be subiect to a civil
penalty not to exceed one hundred fifty dollars. (11-5-08; 5-1-14.1
f STATE LAW REFERENCE—See Code of Va.. 3.2-6543.1
Page 28
ft"
Article Ill. - Nuisance Animals and Hybrid Canines.
Sec. 34627. - Nuisance animals.
(a)All animal owners shall exercise proper care and control of their animals to prevent
them from becoming a public nuisance. Excessive, continuous or untimely barking,
harassing passersby, biting or attacking any person without provocation on one or more
occasions, chasing vehicles, habitually attacking other domestic animals, trespassing
upon school grounds or trespassing upon private property in such manner as to damage
or destroy or create an unsanitary condition on such property shall be deemed a nuisance.
Repeated running at large after citation of the owner by any animal control officer shall
also be deemed a nuisance.
(b)Any such person owning any animal constituting a nuisance shall be summoned
before the general district court to show cause why such animal should not be confined,
destroyed, removed or the nuisance otherwise abated and upon proof that the animal
constitutes a public nuisance the animal in question shall, by order of the general district
court, either be confined, destroyed, removed or the nuisance otherwise be abated as
such court shall order; the court may also impose a fine up to one hundred dollars to be
paid by the owner or custodian of such animal. It shall be unlawful and shall constitute
contempt of court for any person to harbor or conceal any animal which has been ordered
destroyed or removed by the general district court or to fail to confine or restrain an animal
when such an order has been entered by the court.
(c)If the animal control officer or his duly authorized agent has reason to believe that
any animal has, without provocation, attacked or bitten any person, such animal may be
taken into custody and confined by the animal warden —control officer pending
determination of the courts pursuant to this section.
(d)Any person who owns any dog, cat or other animal that has been adjudged a
nuisance pursuant to this section by the general district court and who appeals that
decision to the circuit court shall be responsible for the fees connected with the
impounding of the animal by the animal control officer. The animal control officer or owner
shall confine such dog, cat or other animal during pendency of the appeal to prevent a
reoccurrence of the nuisance. If on appeal, the circuit court determines that the dog, cat
or other animal is not a nuisance, no such fees for the impounding of the animal shall be
imposed. (11-18-04.)
Sec. 3-2828. - Hybrid canine permit.
(a) No person shall import into the county or liberate herein or possess herein any
hybrid canine except pursuant to a hybrid canine permit issued by Isle of Wight County.
•
Page 29 •
•
(b) The decision to issue such a permit shall be based upon the following criteria:
(1)The number of hybrid canines that will be confined on the subject property
which in no case shall exceed two hybrid canines;
(2)The type, quality and extent of the confinement of the hybrid canine while
on the property of its owner. The owner shall be required to provide adequate confinement
as defined in section 3-1 of this chapter;
(3)The background, knowledge, experience, and responsible ownership of the
owner to adequately care for, keep and handle hybrid canines; and
(4)The means of handling the hybrid canine while not on the property of the
owner.
(c) The owner applying for a hybrid canine permit shall submit an annual permit fee
as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the
board of supervisors, as it may be amended, to cover the cost of the permitting system.
A separate permit shall be obtained for each hybrid canine owned.
(d) The owner shall be required to provide the following information when applying for
a hybrid canine permit:
(1)The sex of the hybrid canine;
(2)The color of the hybrid canine;
(3)The height and length of the hybrid canine;
(4)Vaccination records including a vaccination against rabies by a currently
licensed veterinarian;
(5)Information as to identification tags, tattooing or other identifying marks of
the hybrid canine; and
(6)An executed consent form authorizing the animal control officer or designee
to inspect the premises where the hybrid is confined for the sole reason of ensuring that
the owner is in compliance with the permit and this article.
(f) The permit may be revoked or not renewed if the owner has failed to renew any
required permit or has violated a provision of the permit or this article or any other law
pertaining to the responsible ownership of the hybrid canine, including, but not limited to,
the escape of the animal from the confinement or any death, damage or injury caused by
the hybrid canine.
Page 30 •
(g) Any person, whether an owner, agent or employee, violating, causing, or permitting
the violation of this article or the conditions of the permit shall be guilty of a eClass 3
misdemeanor for the first violation and a eClass 1 misdemeanor for a second or a
subsequent violation. Upon conviction of a violation of this article, the violator shall
surrender the hybrid canine to the animal control officer for euthanasia in accordance with
eSection 34-7964493.2-6562 of the Code of Virginia (1950), as amended); (11-18-04;
5-1-14'
(STATE LAW REFERENCE—Sec. 3,4-796-1-28-93. : .2-6582 of the Code of Virginia (1950),
as amended.)
a-desigoee,
of this article, a
to-feral-eate7
Page 31
•
Page 32 •
9afbagel-tfash-aed-debris,
the-pFepecty:
evigiatten-arra-saregiveri
Z * 2
2
- — -
z
shall-beiacevided-te-that-pereen,
Page 33
authecity-to-enter-efren
(9---Neither-feral-eaterrier-f
eentfelles1-4-the-eeunty,
Article IV. — Cruelty to Animals
Sec. 3-29. — Cruelty to animals; penalty.
fa) Any person who: (i) overrides. overdrives, overloads, tortures, ill-treats, abandons
willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical
experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills an animal,
whether belonging to himself or another; (H) deprives any animal of necessary food, drink,
shelter or emergency veterinary treatment; (iii) sores any equine for any purpose or
administers drugs or medications to alter or mask such sorinq for the purpose of sale
show, or exhibition of any kind, unless such administration of drugs or medications is
within the context of a veterinary client-patient relationship and solely for therapeutic
purposes; (iv) willfully sets on foot, instigates, engages in, or in any way furthers any act
of cruelty to any animal: (v) carries or causes to be carried by any vehicle, vessel or
otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or
unnecessary suffering; or (vi) causes any of the above things, or being the owner of such
animal permits such acts to be done by another is guilty of a Class 1 misdemeanor.
cb) Nothing in this Article shall be construed to prohibit the dehorning of cattle
conducted in a reasonable and customary manner.
Page 34 •
ic) This Article shall not prohibit authorized wildlife management activities or hunting,
fishing, trapping, or farming activities as regulated under the Code of Virginia (1950, as
amended
Adopted this 18th day of June, 2015
Rex Alphin, Chairman
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
Page 35
• ISSUE:
Staff Report — Compensation and Classification Study
BACKGROUND:
Staff has engaged Evergreen Solutions, LLC, a compensation and
classification consulting firm, to perform a study of the County's
compensation and classification system.
Nancy Berkley, Manager with Evergreen Solutions, will present
information to the Board regarding the preliminary results and
recommendations of the compensation and classification study.
BUGETARY IMPACT:
11
Any budgetary impact will be evaluated following receipt of the
preliminary results and recommendations of the compensation and
classification study and will be reviewed separately for implementation
feasibility.
RECOMMENDATION:
For the Board's information.
ATTACHMENTS:
None
ISSUE:
Staff Report — State of the County Video, VOICES from the
ISLE, and Social Media
BACKGROUND:
Director of Tourism, Judy Winslow, will provide the Board of
Supervisors with an update on marketing efforts of the County
including the State of the County Video, VOICES from the ISLE,
and Social Media utilization.
The County Staff Marketing Committee has been working to
develop a method to better communicate the complex issues
facing the County by utilizing current technology to deliver
complete and immediate information directly to citizens.
Through that effort, VOICES from the ISLE was born.
VOICES from the ISLE is a website and e-newsletter that will
serve as the official source for Isle of Wight County Government
news and information. VOICES from the ISLE will feature
videos, "Breaking News", executive summaries, on the street
interviews with citizens and the background information citizens
need to be informed and involved in County government.
The site will cover a wide range of topics to inform citizens about
various initiatives, programs, and services provided by the
County and its service partners including Organizational and
Financial Information, Community and Economic Development,
Communications, Parks & Recreation, Public Safety, Tourism,
Health and Welfare, Libraries and much more.
The first VOICES from the ISLE went "live" directly following
the Isle of Wight, Windsor, Smithfield Chamber of Commerce
"State of the County" Breakfast on Thursday, June 4t h, 2015. The
site currently features an informative and entertaining overview
of county-wide accomplishments over the past year and what's
coming in the near future.
The site will gather email addresses for local citizens and other
concerned parties who are interested in Isle of Wight County and
its programs. The committee will periodically send out e-news
blasts with links to the most recent postings and information.
The site and all content will be managed by the Marketing
Committee which includes staff from Information Technology,
Tourism, County Administration, Economic Development and
Parks and Recreation.
RECOMMENDATION:
Receive a presentation.
ATTACHMENT:
None
ISSUE:
Matters for the Board's Information
BACKGROUND:
The matters attached to this Board report are included as a means of
providing information to the Board relative to matters of interest. These
items do not require any action by the Board.
RECOMMENDATION:
For the Board's information.
ATTACHMENTS:
1.Monthly Reports: Tax Levies & Collections as of May 2015; Cash
Position and Statement of the Treasurer's Accountability
2.Isle of Wight County Monthly Fire/EMS Call Summary and Other
Statistics FY 2014/2015
3.Isle of Wight Sheriff's Monthly Activity Report/May 2015
4.Isle of Wight Cooperative Extension Monthly Activity Report/May
5.Isle of Wight Website Statistics/May 2015
6.Solid Waste Division Litter Pickup
7.Bond Refunding Results
8.Latex Paint Recycling Savings
9.United Way Recognition
TAX LEVIES & COLLECIRONS AS OF MAY 2015
REAL ESTATE
ADJUSTMENTS &
TAX YEAR TAX LEVY SUPPLEMENTS PUBLIC SERVICE ABATEMENTS
TOTAL TAX
LEVIES TAX COLLECTED TAX OUTSTDG. %COLLECTED %
prior 2009 $ 45,023,862.40 $ 45,022,753.40 $ 1,109.00 100,00% 0.00%
2009-2010 $ 22,935,645.20 $ 147.803.16 $ 1,120,980.11 S (481,545.08) $ 23,722.883.39 $ 23,720,994.68 $ 1,888.71 99.99% 0.01%
2010-2011 $ 22,125,331.80 $ 103,195.39 $ 1,238,933.38 $ (543,437.05) $ 22,924,023.52 $ 22,918,835.21 $ 5,188.31 99.98% 0.02%
2011-2012 $ 27,790,010.30 $ 98,304.06 $ 811,545.32 S (397,597.60) $ 28,302,262.08 $ 28.289,461.28 $ 12,800.80 99.95% 0.05%
2012-2013 $ 26,525,116.80 $ 177,364.59 $ 915,993.22 $ (497,795.07) $ 27,120,679.54 $ 27,086,222.71 $ 34,456.83 99.87% 0.13%
2013-2014 $ 30,047,697.17 S 164,953.00 $ 1,034,152.63 $ (490,794.02) $ 30,756,008.78 $ 30,596,474.10 $ 159,534.68 99.48% 0.52%
2014-2015 $ 17,636,251.11 $ 17,812,074.48 $ 1,227,910.28 $ (550,113.61) $ 36.126.122.26 S 35,837,682.51 $ 288,439.75 99.20% 0.80%
Note DELINQUENT REAL ESTATE = 5503,418.08 99.76% 0.28%
June 2015 Billed RE $ 17,474,396.17 payments received towards June 2015 $12,011,969.65
PERSONAL PROPERTY
ADJUSTMENTS & TOTAL TAX
TAX YEAR TAX LEVY SUPPLEMENTS PUBLIC SERVICE ABATEMENTS LEVIES TAX COLLECTED TAX OUTSTDG. %COLLECTED % UNC.
prior 2008 $ 88.671,261.50 S 88,650,320.00 $ 20.941.50 99.98% 0.02%
2009 $ 14,179,475.18 $ 380,921.58 $ 27,190.60 $ (602,788.69) $ 13,984,798.67 5 13,964,964.56 $ 19,834.11 99.86% 0.14%
LIC. FEE $ 612,284.00 $ 54,644.00 $ (122,939.33) $ 543,988.67 3 539,682.14 $ 4,306.53 99.21% 0.79%
2010 $ 14,477,918 03 $ 497,127.97 $ 29,952.42 5 (641,766.64) $ 14,363,231.78 $ 14.329,394.62 $ 33,837.16 99.76% 0.24%
L1C. FEE $ 602,496.00 $ 59,434.00 $ (35,119.81) $ 626,810.19 5 618,975.80 $ 7.834.39 98.75% 1.25%
2011 $ 9,331,238.47 $ 439,311.19 $ 30,643.10 $ (561,533.02) $ 9,239,659.74 S 9,190,1366.38 $ 48,793.36 99.47% 0.53%
L1C. FEE $ 609,590.00 $ 40,268.00 (18,063.59) $ 631,794.41 $ 621,488.55 $ 10,305.86 98.37% 1.63%
2012 $ 11,332,597.54 $ 834,283.55 $ 30,972.53 $ (896,897.43) $ 11,300,956.19 $ 11,228,089.32 $ 72,866.87 99.36% 0.64%
LIC. FEE $ 622,868.00 $ 40,934.00 (26,582.62) $ 637,219.38 624,517.54 $ 12,701.84 98.01% 1.99%
2013 $ 13,130,414.21 $ 451,429.48 $ 35,767.54 $ (1,118,295.69) $ 12,499,315.54 $ 12,368,171.75 $ 131,143.79 98.95% 1.05%
LIC. FEE $ 944,288.00 $ 49,360.00 $ - $ (39,718.45) $ 953,929.55 $ 923,431.79 $ 30,497.76 96.80% 3.20%
2014 $ 13,263,208.40 $ 384,295.01 $ 36,474.99 $ (514,698.61) $ 13,169.279.79 $ 12,735.328.02 433,951.77 96.70% 3.30%
LIC. FEE $ 1.052,654.00 $ 52,338.00 $ - $ (39.042.00) $ 1,065,950.00 $ 967,680.61 S 98,269.39 90.78% 9.22%
DELINQUENT PERSONAL PROP. = $925,284.33 99.45% 0.55%
Note TOTAL DELINQUENT= $1,428,702.41 99.63% 0.37%
June 2015 Billed PP $ 7,614,740.11 payments received towards June 2015 $1,592,619.19
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July 2012
August 2012
September 2012
October 2012
November 2012
December 2012 1
January 2013
February 2013
March 2013
April 2013
May 2013
June 2013
July 2013
August 2013
September 2013
October 2013
November 2013
December 2013
January 2014
February 2014
March 2014
April 2014
May 2014
June 2014
July 2014
August 2014
September 2014
October 2014
November 2014
December 2014
January 2015
February 2015
March 2015
April 2015
•
COUNTY OF ISLE OF WIGHT
1
•...
le
,
ISLEOF WIGHT
t 'VIRGINIA COWIN.
,
STATEMENT OF THE TREASURER'S ACCOUNTABILITY
April 2015
Institution Instrument Rate 'Term Maturity , Balance
Cash
Petty Cash $2,210.00
SUB TOTAL $2,210.00
Checking Accounts
Bank of America General Fund Checking $4,046,914.53
Bank of America School General Fund Checking $3,782,485.52
Bank of America DSS General Fund Checking $1,799,979.53
Bank of America County Payroll Account I $0.00
Bank of America 'School Payroll Account $0.00
Bank of America DSS Payroll Account I Moo
SUB TOTAL $9,629,379.58
Investments
Bank of America tEmergency Fund Checking i 0.20% $2,550.98
Bank of America lInvestment Fund ' 0.20% I $11,422,393.84
LGIP General Fund Investment 0.10% $2,575,446.33
SUB TOTAL $14 000,391.15
Restricted Funds
Bank of America School Escrow Fund 0.20% $acio
Bank of America General Recoupment Funds 0.20% $11,426.31
Bank of America Bonn's Church Funds 0.20% $22,118.17
Bank of America Special Welfare Funds 0.20% $0.00
Bank of America Special Welfare Donated Funds 0.20% $10,732.75
Bank of America Special Welfare Child Support 0.20% $491.99
Bank of America School's Camp Foundation 0.20% $24,421.58
Bank of America School Food Service Funds 0.20% $355,820.68
BNY Mellon Pace Funds $2,105,068.48
SUB TOTAL 52,530,079.96
Bond Proceeds—Invested in SNAP
20108 Bond $1,077,672.95
2010B Bond Interest 0.14% $33,361.68
2010C Bond $463,360.28
2010C Bond Interest , 0.14% $39,705.47
2011A Bond $738,688.20
2011A Bond Interest :0.14% $74,389.15
2011B Bond $1,101,346.00
2011B Bond Interest , 0.14% $28,070.87
2011C Bond I $124,102.27
2011C Bond Interest 0.14% 1 $45,608.21
2012 Bond $9,743,355.08
2012 Bond Interest 0.14% $73,736.87
SUB TOTAL I I $13,543,397.03
TOTAL OF ALL FUNDS : $39.705.457.7?
•
040
Isle of Wight County
Monthly Fire/EMS Call Summary
and Other Statistics
Fiscal Year 2014/2015
April 2015
EMS
Volunteer
Department
Incident Patient Care Staffing Mix Per State Patient Care Report (PCR)
(Represents actual patients served - may differ from incidents disp tched) (31 Paid Staffing
Dispatched
Events DI
Missing State
Reports 121
100%
Paid % Paid
100%
Volunteer % Vol. Mixed % Mix. Total
Monthly
Manhours Est. Cost 14)
Carrollton VFD 59 11 12 26% 18 38% 17 36% 47 675 $ 16,538
Carrsville VFD 29 3 24 92% 0 0% 2 8% 26 1,474 $ 36,113
IOW Rescue 189 4 92 48% 25 13% 74 39% 191 2,245 $ 55,003
Windsr Rescue 68 1 50 72% 4 6% 15 22% 69 1,669 $ 40,891
Total EMS 345 19 Total Incident Patient Care Reports 333_ 6,063 $ 148,544
Fire
Volunteer
Department
Staffing Mix
(Unable to provide the mixed staffing breakdown for fire with current state
reporting mechanism paid staff p ovided cal count) Staffing
Dispatched
Events
Missing State 100%
Paid % Paid
100%
Volunteer % Vol. Mixed % Mix. Total
Monthly
Manhours Est. Cost 141
Carrollton VFD 33 33 .. 0% 32 97% " 1 '13%' 33 $
Carrsville VFD 13 0 0% 13 100% 0% 13 in $ -
Rushmere VFD 4 0 '0% 4 100% 0% 4 $ -
Windsor VFD 17 0% 17 100% 0% 17 $ -
Smfd VFD 60 0 ' 0% 57 95% 3 5% 60 208$ 5,096
Total Fire 127 33 Total Submitted State Fire Reports 16) 127 208 $ 5,096
Total Fire/EMS 472 52 Total Submitted PCRs/Fire Incidents 460 6,271 $ 153,640
Service/Other Areas of Concern/Other Updates
Carrollton VFD and Windsor VFD have not signed the facility use agreement.
Volunteer agencies have not filed all of the required State fire/EMS reports.
Isle of Wight County
Monthly Fire/EMS Call Summary
and Other Statistics
Fiscal Year 2014/2015
Fiscal Year-To-Date
Call Summary
EMS
Volunteer
Department
Incident Patient Care Staffing Mix Per State Patient Care Report (PCR)
(Represents actual patients served - may differ from incidents dist) tched)(31 Paid St ffing
Dispatched
Events (II
Missing State
Reports II)
100%
Paid % Pald
100%
Volunteer % Vol. Mixed % Mix. Total
Monthly
Manhours Est. Cost MI
Total FY
Budgeted
Hours
% of Budgeted
Hours
Remaining
Carrollton VFD 619 83 147 27% 259 47% 148 27% 554 4394 $ 107,653 5,440 19%
Carmelite VFD 277 14 206 78% 2 1% 56 21% 264 15,295 $ 374,728 20,792 26%
IOW Rescue 1901 50 969 51% 235 12% 696 37% 1900 24,734 $ 605,983 25,912 5%
Windsr Rescue 740 8 514 68% 104 14% 137 18% 755 17,640 $ 432,180 20,512 14%
Total EMS 3537 155 Total Meld nt Patient Care Report 3473 62,063 $ 1,520,544 72,656 15%
Fire
Volunteer
Department
Slatting Mix (Unable
to provide the mixed staffing breakdown for fire with current state reporting
mechanism - breakdown began with October - hIghligted Info
only Oct forward not YTD)") Paid Staffing
Dispatched
Events III
Missing State
Reports
100%
% Paid
100%
Volunteer % Vol. Mixed % Mix. Total
Monthly
Manhours Est. Cost")
Total FY
Budgeted
Hours
% of Budgeted
Hours
Remaining
Carrollton VFO 274 264 • 0 0% 195 96% - 8 4% 203 0 $ - - -
CarrsvIlle VFD 187 85 0 0% 126 109% 0 . 9% 126 PI $ - -
Rushmere VFD 62 33 0 0% 43 ' 100% 0 - 0% 43 0$ -
Windsor UFO 219 58 0 0% ' 157 100% 0% 157 0$ - -
Smfd VFD 638 129 '0 0% 389 839e 82 '' 17% 471 2016 $ 49,392 2,600 22%
Total Fire 1380 569 Total Submitted State Fire Reports (6I 811 2,016 $ 49,392 2,600 22%
Total Fire/EMS 4917 724 Total Submitted PCRs/Fire Incidents 4284 64,079 $ 1,569,936 75,256 15%
NOTES:
(1)Dispatched events count based on Dispatch Event Log provided by Dispatch.
(2)Missing Vol. Dept. state reports based on incident reporting information submitted to the State as compared to the County dispatched incident count. These counts will be adjusted as
missing reports are submitted to the State.
(3)Counts based on PCR information submitted to the State. Counts were based on staffing mix of direct patient care services provided (including patient refusals & standby events). These
counts will be adjusted as missing reports are submitted to the State.
(4)Estimated paid staffing cost is based on an average wage rate of $24.50 per hour and includes fringe benefit costs.
(5)The current State reporting system does not provide a mechanism for determining the staffing mix of a fire incident. A manual count of fire calls with paid staffing support is being put in
place. Starting with October, staffing mix counts will be based on information provided by paid fire staff and Dispatched events.
(6)Count reflects total # of fire dispatched events less total # of missing state reports.
(7)Paid staffing support for CarrsvIlle VFD Includes fire staffing coverage (1FTE), staffing hours and costs for this are Included In the EMS paid staffing block.
• •
Isle of Wight County
Monthly Fire/EMS Call Summary
and Other Statistics
Fiscal Year 2014/2015
Fiscal Year 2014-2015 Fire & Rescue Services Budget
Volunteer
Department Contribution
Budgeted Staffing
Horns
estimated Staffing Cost
(41
Station Generator
Lease/Maintenance
Budgeted Direct Vol.
Agency Support by
Carrollton VFD $ 254,536 5,440 $ 133,280 $ 21,956 $ 409,772
$ 669,114
$ 82,391
$ 134,870
$ 277,098
$ 897,911
$ 626,536
Carrsville VFD $ 146,214 20,792 $ 509,404 $ 13,496
Rushmere VFO $ 68,895 - $ - $ 13,496
Windsor VFD $ 122,918 $ - $ 11,952
Smfd VFD $ 212,680 2,600 $ 63,700 $ 718
IOW Rescue $ 261,450 25,912 $ 634,844 $ 1,617
Windsr Rescue $ 118,040 20,512 $ 502,544 $ 5,952
Total Station
Allocated
Costs $ 1,184,733 $ 75,256 $ 1,843,772 $ 69,186 $ 3,097,691
Other Fire & Rescue Response Budget Items (In ludes: medical director costs, other staff salaries not directly
associated to sta ion staffing, Forestry contribution, HRPDC dues, LifePack grant match, fire/EMS reporting software
costs, staff unIfo ms, travel & training, etc.) $ 325,532
Total FY 2014-2015 Fire & Rescue Response Budget $ 3,423,223
Isle of Wight County Sheriffs Off onthly Activity Report - MAY 2015
4144.15 MAY14 JAN FEB MAR APR MAY15 JUN JUL I MG SEP OCT NOV DEC 2015 Y7D 2014 Y7D I % chng
CMS roinevide..., ..l., 17,, -, .°7.4 . -r. i.:1 "--a- 7,-1' , ....., „ 4., ,...-, .•:,:t...° .
Law Enforcement 3.120 3,762 3,323 4,113 3,665 4203 19066 16,299 16.98%
Admal SentIces 129 96 76 102 116 113 503 475 5.89%
GRAND TOTAL 3,249 3,858 3,399 4,215 3,781 4,316 19,569 16,774 16.66%
School Checks (run) 69 84 55 91 49 54 333 330 0.91%
Schad Checks (Pane) 4227 27:47 21:59 31:49 17:17 2159 120:53 150:01 -19.42%
False Alarms 15 10 3 0 2 1 16 70 -77.14%
Escods 10 18 5 8 11 10 52 54 -3.70%
Tiffin .41.e-rf,ya, 7), . Wt nS ... " t. '... C tva, ' ‘r-t.:342/?P°11ta. 4, , •42 „-1... ...t.t% ,,., .g., •'-
Traffic Stops 444 314 188 451 422 500 1,875 2,067 -9.29%
Traffic Summons 264 162 101 265 253 342 1.123 1,095 2.56%
Traffic Crashes 64 62 92 59 87 67 367 so 1.10%
Priming Inbc144.7 ,1 °, , -.. -,...sc. :we 1111st1“."3 ' 1.12!..4r 2," rt.- -1.1. ,
Ifilsgemeanor Charges 65 27 21 52 51 49 200 235 -14.89%
Felony Charges 42 13 19 34 26 11 103 132 -21.97%
Unknown Class o 0 0 0 0 0 o 2
GFMND TOTAL 107 40 40 86 77 60 303 369 -17.89%
CMIPment4. .' ,°, • 1 ,. - .. a `Pry . rea-, ..- .-
Writ- Levy 2 2 r 2 6 2 0 12 20 -40.00%
Wilt-Rape 5 3 3 2 4 4 16 35 -54.29%
Evictions 10 11 9 7 II 10 48 41 17.07%
MI Other OvI 1354 683 642 1,207 1.002 946 4,480 4,227 5.99%
GRAND TOTAL 871 699 656 1,222 1,019 960 4,556 4,323 5.39%
PMPOrtieW ..3X . . nk . .e, r ", Z.,,rt....• ...." e; r"rt.; .
Reported Stolen $88,637 $27,604 $13,534 $5,604 $28,938 $5222 $00.901 $248,672 -67.47%
Stolen Items 75 58 45 22 69 28 222 250 -11.20%
Reported Recovered $3,325 $2.780 $6,873 $1,000 $28,664 $0 $39,317 $71,059 -44.67%
Recovered Items 18 8 14 5 21 0 48 47 2.13%
Repotted Damaged $12,014 $2,480 $5,420 $3.771 $12,216 $9,679 $33.566 $39,974 -16.03%
Damaged Items 34 9 16 14 25 18 82 123 -33 33%
Court& r g 1..°. .'ll.,14.1.;.. , -..... C.', n,., 1,.° 2-, °,t1ile.'n..1-dla. ' ,- 1. .....A.- a • ,„,...44yrn ...°--°-; °I° -1.-.. - -,1- s 014 v•
..n e` " . er'' ^:. n ' . % PC ""..* .
Jury Thais 0 2 1 0 1 1 5 II 400.00%
.., t
Mileage 89,885 76,894 80,156 131,164 86,123 84,593 410,930 446,241 -7.91% Gun Pent 39 56 57 73 51 47 284 327 -13.15%
Flngerpants (non orbs.) 14 21 27 34 14 29 125 71 76.06%
Reports (IBR) 94 50 64 87 78 66 325 394 -17.51%
Reports (NorsIBR) 173 102 108 137 143 128 618 679 -8.98%
urrency values rounded o tieo r. REVISED 06.04.15
Totals may change between reporting periods due to ongo na investig dons, case updates, error correction and late reporting.
Isle of Wight County Sheriff's Monthly Activ ty Report - 2015
STATISTICAL INFO YTO TO LAST MONTH COMPLETED- MAY 06.01.15
I MEAN (AVG) MEDIAN HIGHEST I LOWEST
;aIlejorgermice-a ea ,!..e:
Law Enforcement 3,813 3,983 4,203 3,323
Animal Services 101 105 116 76
GRAND TOTAL 3,914 4,087 4,316 3,399
School Checks (num) 67 69 91 49
School Checks (time) 24:10 24:53 31:49 17:17
False Alarms 3 6 10 0
Escorts 10 14 18 5
Traffjck i r • bx, i i ,. 'a :;n 1": I". 41...Y: j.' + .
Traffic Stops 375 407 500 188
Traffic Summons 225 252 342 101
Traffic Crashes 73 65 92 59
Cominal Process-0'
Misdemeanor Charges 40 38 52 21
Felony Charges 21 12 34 11
Unknown Class 0 0 0 0
GRAND TOTAL 61 50 86 40
CiviliftrocessI . ', -5 1 Ll a
Writ- Levy 2 1 6 0
Writ- Repo 3 4 4 2
Evictions 10 11 11 7
All Other Civil 896 815 1,207 642
GRAND TOTAL 911 830 1,222 656
ProPenW— gr- ts -e/ataia tt '''
Reported Stolen 16,180 16,413 28,938 5,222
Stolen Items 44 43 69 22
Reported Recovered 7,863 1,390 28,664 0
Recovered Items 10 4 21 0
Reported Damaged 6,713 6,080 12,216 2,480
Damaged Items 16 14 25 9
awr.
coherA , .
Mileage 82,186 81,744 86,123 78,894
Gun Permits 57 52 73 47
Fingerprints (non crim.) 25 25 34 14
Reports (IBR) 65 58 78 50
Reports (Non-IBR) 124 115 143 102
Monetary values are rounded
to the nearest dollar. Totals
may change between reporting
periods due to ongoing
investigations, case updates,
error correction, and late
reporting.
„
Property Recovery
(from Average)
monetary 49%
items 22%
•
Isle of Wight County Sheriff's Office
Select Group A Offenses 2015 (w/ 2014 comparison)
Homicide 09A Rape 11A Robbery 120 Ag Assault 13A BUIVI ry 220 Larceny 13 MV Theft 240 Arson 200 TOTALS
2014 .. 20l5' 2014 ‘2015 2014 2015. 2014 2015 2014 2015 2014 -2015' 2014 -2015 2014 2015 14 TOT 15101 % Charne
Janua 0 0 0 1 0 '0 3 ' 1 3 1' 8 16 1 3 0 0 15 22 46.7% I
February 0 0 0 •0 0 0 0 1 3 , 4 ' 16
13
•19
13
2
1
1
0
0
0
0 21
17
25'
15
19.0% :
-11.8%,a March 0 fl 0 1' 0 0 1 0 2 1
April 0 1 0 1' 0 1 2 1 6 6 19 17 2 1 0 0 28 28 0.0%
May 0 "0 1 0 0 2 3 6 3 18 12 0 0 1 0 28 18
June 0 0 0 1 5 23 2 1 32 0
July 0 0 0 4 2 24 1 0 31 0
August 0 0 0 2 7 11 1 0 21 0 _
Se .tember 0 0 1 2 8 12 0 0 23 0 A
October 0 1 0 3 10 13 0 0 27 0
November 0 • 0 0 •0 3, 17 0- 0 20 0
December 0 • 0 1 1 0 '10 . 1, 0 13 0 1
i , I T , Till 448 .. ' 9, , 5e4r..P7210 (° '4. - '214.(°5 . ,,ff 09t5 MIN," .;:0.9% j
13 - EPTOTAL ' 0 , 1 `1.'', "te 2( i '4 AI r;`7,2 :1 7 '3 124 erti ses.4“ :,-",:t: I [3180 ?..1%..: fe.1"21 rt, ' cr2v ,.,-,., 279 , t,
CRIMES AGAINST PERSONS 2015 YTD 2014
11 • 9
CRIMES AGAINST PROPERTY 2015 YTD 2014
97 100
TOTAL 2015 YTD 2014
108 109
___ _ _ . ,
NOTICE: THE DATA IN THIS REPORT IS DYNAMIC AND MAY CHANGE AS CASES ARE RECLASSFIED, RECORDS EXPUNGED, OR ERRORS CORRECTED
SOURCE: lOWS0 RMS DATA AS OF 01.09.15 FOR ALL 2014 DATA AND 06.01.15 FOR 2015 DATA)
ISLE OF WIGHT COUNTY SHERIFF'S OFFICE
06.01.15 I
Isle of Wight County Sheriff's Office • Monthly School Check Report
MAY 2015
SCHOOL COUNT TIME % COUNT % TIME
CARROLLTON ELEMENTARY SCHOOL 8 2:31 14.8% 11.5%
CARRSVILLE ELEMENTARY SCHOOL 16 4:08 29.6% 18.9%
GEORGIE D TYLER MIDDLE SCHOOL 4 2:27 7.4% 11.2%
HARDY ELEMENTARY SCHOOL 8 2:34 14.8% 11.7%
ISLE OF WIGHT ACADEMY 2 0:34 3.7% 2.6%
SMITHFIELD HIGH SCHOOL 6 4:25 11.1% 20.1%
SMITHFIELD MIDDLE SCHOOL 1 1:24 1.9% 6.4%
WESTSIDE ELEMENTARY SCHOOL 1 0:26 1.9% 2.0%
WINDSOR ELEMENTARY SCHOOL 5 1:18 9.3% 5.9%
WINDSOR HIGH SCHOOL 3 2:06 5.6% 9.6%
Grand Total 54 21:59 100.0% 100.0%
Note: These times only reflect actions of -NON- SRO Personnel
I 06.01.15 I
4p)
•
CALLS FOR SERVICE • M
RANK RA NATURE COUNT % TOTAL
1 PATROL CHECK 1505 34.87%
lk.
, 2 TRAFFIC STOP 500 11.58%
_ 1 3 CIVIL PAPER 443 10.26%
4 BUILDING CHECK 387 8.97%
5 BUSINESS CHECK 198 4.59%
6 CITIZEN ASSIST 169 3.92%
7 ANIMAL COMPLAINT 131 3.04%
8 PRISONER TRANSPORT 79 1.83%
9 SUSPICIOUS PERSiVEHJACTIVITY 69 1.60%
10 PAPER SERVICE 66 1.53%
11 SCHOOL CHECK 54 1.25%
12 ALARM- BURGLARY 54 1.25%
13 DISABLED VEHICLE 46 1.07%
14 ASSIST OTHER JURISDICTION 45 1.04%
15 ACCIDENT NO INJURIES 36 0.83%
16 HOUSE CHECK 33 036%
17 POLICE INVESTIGATIONS 29 0.67%
18 FINGERPRINTS 29 0.67%
19 RECKLESS DRIVING 25 0.58%
20 DOMESTIC -VERBAL ONLY 23 0.53%
21 WELFARE CHECK 17 0.39%
22 ACCIDENT UNKNOWN INJURIES 17 0.39%
23 TRAFFIC HAZARD 16 0.37%
24 DISTURBANCE-LOUD NOISE 16 0.37%
25 DIRECT PATROL 16 0.37%
26 DESTRUCTION OF PROPERTY 14 0.32%
27 PSYCHIATRIC PROBLEMS 13 0.30%
28 911 HANG UP 13 0.30%
29 LARCENY PETIT AND GRAND 12 0.28%
30 COMMUNITY RELATIONS 12 0.28%
31 SHOTS FIRED/PROMISCUS SHOOTING 11 0.25%
32 DISORDERLY INDIVIDUAL 11 0.25%
33 POLICE ESCORT 10 0.23%
34 ACCIDENT WITH INJURIES 10 0.23%
35 BE ON THE LOOKOUT 10 0.23%
36 PROJECT LIFESAVER 9 0.21%
37 DRUG OFFENSES 9 0.21%
38 DRIVING UNDER THE INFLUENCE 9 0.21%
39 JUVENILE PROBLEMS 8 0.19%
40 OFFICER INFORMATION 7 0.16%
41 CIVIL MATTER 7 0.16%
42 FRAUD 7 0.16%
43 UNCONSCIOUS OR FAINTING 6 0.14%
44 BUSINESS ASSIST 6 0.14%
45 ASSAULT NO WEAPONS 6 0.14%
46 OTHER OR UNKNOWN PROBLEM 6 0.14%
47 OPEN DOOR OR WINDOW 6 0.14%
48 DOMESTIC ASSAULT- OCCURRED 6 0.14%
49 BURGLARY - RESIDENTIAL 5 0.12%
50 FOOT/BIKE PATROL 5 0.12%
NOTE: Prisoner transnorts Include twice daily (monad nf Animal S eller tend< r•
RANK NATURE COUNT % TOTAL
51 THREATS 5 0.12%
52 POSSIBLE DOA 5 0.12%
53 FIRE ALARM 5 0.12%
54 STRUCTURE FIRE 4 0.09%
55 SICK/ ILL OR RESCUE 4 0.09%
56 REPOSSESSION 4 0.09%
57 ALARM - MEDICAL 4 0.09%
58 TRESPASS 3 0.07%
59 EMERGENCY CUSTODY ORDER 3 0.07%
60 MISSING PERSON ADULT-JUVENILE 3 0.07%
61 SEIZURE 3 0.07%
62 HIT AND RUN 3 0.07%
63 DRUNK IN PUBLIC-INTOXICATED 2 0.05%
64 TRANSPORTS CITIZEN/OTHER 2 0.05%
65 NEIGHBOR DISPUTE 2 0.05%
66 OVERDOSE 2 0.05%
67 RUNAWAY 2 0.05%
68 HARRASSMENT 2 0.05%
69 CAR FIRE 2 0.05%
70 DIFFICULTY BREATHING 2 0.05%
71 PERSONAL PROTECTIVE ORDER 2 0.05%
72 FOUND PROPERTY 1 0.02%
73 BITE 1 0.02%
74 PEEPING TOM 1 0.02%
75 BURNING COMPLAINT 1 0.02%
76 CHILD ABUSE OR NEGLECT 1 0.02%
77 CHILD OR ANIMAL LOCKED IN CAR 1 0.02%
78 BRUSH FIRE 1 0.02%
79 BAD CHECK 1 0.02%
80 EVICTION 1 0.02%
81 ARCING WIRES DOWN POWER LINES 1 0.02%
82 NEIGHBORHOOD CHECK 1 0.02%
83 SEX OFFENSES RAPE ASSAULT 1 0.02%
84 SHOOTING 1 0.02%
85 SHOPLIFTING 1 0.02%
86 ACCIDENT (FATALITY) 1 0.02%
87 IDENTITY THEFT 1 0.02%
88 SMELL OF GAS INSIDE/OUTSIDE 1 0.02%
89 ASSIST BOATER 1 0.02%
90 SUICIDE 1 0.02%
91 ALL OTHER CALLS 12 0.28%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
TOTAL 4,316 100%
TOP TEN 3,547 82.18%
06.01.15
lease Inmates.
MONTH TOP TEN FOR COMPARISON
RA RANK NATURE COUNT %TOTAL
1 PATROL CHECK 1055 27.90%
2 CIVIL PAPER 567 15.00%
3 TRAFFIC STOP 422 11.16%
4 BUILDING CHECK 364 9.63%
5 BUSINESS CHECK 174 4.60%
6 CMZEN ASSIST 137 3.62%
7 ANIMAL COMPLAINT 123 3.25%
8 PRISONER TRANSPORT 76 2.01%
) 9 SUSPICIOUS PERS.NEHJACTIVITY 75 1.98%
•••^" 10 PAPER SERVICE 62 1.64% I T **TOTAL" CALLS (not just top 10) 3,781 80.80%
2015 YTD FOR COMPARISON
RANK NATURE COUNT %TOTAL
1 PATROL CHECK 6,575 33.60%
2 CIVIL PAPER 2,434 12.44%
3 TRAFFIC STOP 1,875 9.58%
4 BUILDING CHECK 1,592 8.14%
5 BUSINESS CHECK 945 4.83%
6 CITIZEN ASSIST 681 3.48%
7 ANIMAL COMPLAINT 534 2.73%
8 PAPER SERVICE 424 2.17%
9 PRISONER TRANSPORT 355 1.81%
10 SCHOOL CHECK 333 1.70%
T "TOTAL" CALLS YTD (not lust top 10) 19,568 80.48%
Isle of Wight Extension Report
May 2015
Celia Brockway, Extension Agent, 4-H Youth Development
Janet Spencer, Extension Agent, Agriculture & Natural Resources
Valerie Nichols, Unit Administrative Assistant
Agriculture
•Continued to provide support and coordination for the Isle of Wight Master Gardeners
(65 active members) and the Historic Southside Master Naturalist Chapter (50 active
members)
•Participated in the local Master Naturalist chapter's graduation; 22 new trainees
graduated to Master Naturalist Volunteer status.
•Transcribed and mailed the Isle of Wight Ag News newsletter: mailed 130 and emailed
49
•Provided advanced training to 25 local Master Gardeners on boxwood diseases
•Collected approximately 150 plastic pesticide containers
•Further developed materials for Junior Master Gardener College to be held in June
•Continued planning efforts for local spring/summer rain barrel workshops
•Provided approximately 25 soil sample kits to local residents
•Provided information to 12 individuals concerning pesticide application requirements,
soil sampling, land rent, crop variety selection, soil fertility, crop budgets, lawn pests, and
tree diseases. Assisted 2 local producers in trouble-shooting their corn crop.
•Continued operation of the Isle of Wight Master Gardener Helpline
•Two Master Gardener Plant Clinics were held at the Smithfield Farmer's Market
•Continuation of gardening workshops held at Carrollton Library taught by local Master
Gardener volunteers
•Attended a meeting in Surry with representatives from the VA Dept of Health to provide
assistance on locating farms to radiological sampling throughout the year.
•Provided a vegetable class to inmates at the Navy Consolidated BRIG in Chesapeake as
part of a regional project with other local Extension Agents
•Attended a 2 day soils in-service training
•Met with specialists from "The Planning Council" to discuss possibility of a farm to pre-
K program in the area to provide locally grown produce to area pre-K programs
Youth Development
•Completed 4-11 Camp Counselor Training with 17 youth attending
•Fur & Feathers hosted a revitalization meeting with four youth and three adults present
•4 Cs 4-H Club hosted meeting with 6 youth participated
•Collected one enrollment for Breeding Heifer Show at Isle of Wight County Fair
•Trained one adult volunteer for camp
Outreach and Administrative
•Hosted 4-H Tent Committee meeting and four volunteers attended (Spencer was in
attendance)
•Attended pre-camp meeting at Airfield
•Volunteer reached out to six entities to request funding for cattle panels for 4-H Tent
•Hosted WebEx about 4HOnline for Unit Administrative Assistants
•Spencer and Brockway hosted an Extension Leadership Council meeting
•Spencer, Nichols, and Brockway assisted with Farm Day at Windhaven Farm
•Nichols and Brockway worked to organize camp for 89 Isle of Wight campers, 23 teens,
and 4 adult volunteers
•Spencer assisted with a Virginia Cooperative Extension display at the Virginia Tech
Hampton Roads Technology Showcase held in Newport News
•Spencer reviewed and updated the office Civil Rights Compliance files
•Spencer prepared the Extension office for an internal audit to be conducted in June by the
Virginia Tech Budget & Finance offices
Face-to-face: 165
Calls: 65
Emai Is: 2542
Social Media: 24 "likes"
Reached 20 people via Facebook
• •
f.
Isle of Wight Website Stats (1 -31 May 2015)
Page
Rank/305 Pageviews Unique
Pageviews
Avg. Time
on Page
/county-home-page/ 1 16,198 11,702 0:03:45
/solid-waste/convenience-centers/ 2 1,523 1,268 0:02:49
/human-resources/ 3 1,488 1,216 0:03:00
/treasurer/pay-your-bill-online/ 4 1,446 1,050 0:03:04
/gis-services/online-property-map/ 5 1,291 1,283 0:10:53
/parks-and-recreation/athletics/ 6 1,226 944 0:03:19
/parks-and-recreation/ 7 1,145 895 0:00:48
/commissioner-of-the-revenue/real-estate-assessments-2/ 8 1,097 826 0:02:56
/animal-services/ 9 995 729 0:00:50
/animal-services/pet-adoption/ 10 779 546 0:00:28
/treasurer/ 11 705 566 0:01:13
/treasurer/real-estate-tax/ 12 700 465 0:01:15
/treasurer/personal-property-tax-information/ 13 665 437 0:01:08
/clerk-of-the-circuit-court/ 14 660 465 0:01:19
/board-of-supervisors/ 15 574 399 0:01:42
/gis-services/ 16 523 522 0:00:01
/planning-and-zoning/ 17 501 355 0:01:37
/animal-services/available-dogs/ 18 475 371 0:01:16
/gis-services/map-gallery/ 19 464 462 0:00:01
/animal-services/adoption-info/ 20 452 349 0:01:00
/animal-services/photos-of-available-shelter-animals/ 21 446 292 0:00:26
/parks-and-recreation/parks-and-facilities/ 22 418 313 0:01:21
/budget-and-finance/ 23 415 321 0:00:54
/public-utilities/making-payments/ 24 411 336 0:03:37
/commissioner-of-the-revenue/ 25 370 289 0:01:35
/planning-and-zoning/permits/ 26 363 230 0:02:04
/public-utilities/ 27 353 253 0:01:16
/parks-and-recreation/summer-activities/ 28 288 241 0:03:10
/inspections/ 29 286 196 0:00:44
• Lncdl Ronas Global Reach
ISLE OF WIGHT
COUNTY, VIRGINIA
MEMORANDUM
TO: Frank Haltom, Director of General Services
FROM: Ralph Anderson, Solid Waste Division Manager
SUBJECT: Solid Waste Division Litter Pickup
DATE: June 04, 2015
The Solid Waste Division, with the help of the Western Tidewater Regional Jail Workers,
continues to make an effort to keep the County roadways clean. There has not been any
Litter pick-up during the month of May due to the focus on other projects and the
limitation on the number of Work Release inmates available from the Western Tidewater
Regional Jail. • •The following is a list of roads that were spot checked for litter and serviced due to
illegal dumping the month of April 2015:
Poorhouse Rd.: Spot Pick-Up
Reynolds Dr.: Spot Pick-Up
Old Stage Hwy.: Spot Pick-Up
Clydesdale Rd.: Spot Pick-Up and Illegal Dumping Notice
Cut Thru Road: Spot Pick-Up
Courthouse Hwy.: Courthouse Hwy @ the Courthouse.
Poorhouse Rd: From Hwy. 258 to Shop Quarters.
Woodland Road: Carroll Bridge to Longview Rd.
•The following is a list where litter is scheduled to be picked up during the months of
June thru July 2015:
Old Stage Hwy: Rte 10 to Berry Hill Rd
Holly Run Dr Courthouse Hwy. to Carrsville Hwy.
Berry Hill Rd: Rte 10 to Old Stage Hwy
P. 0. Box 80
17090 Monument Circle
Isle of \Afight,VA 23397
(757) 365-6204
www.coisle-of-wightva.us
Foursquare Rd: Courthouse Hwy to Ting Rd
Titus Creek Rd: Nike Park Rd to Smith's Neck Rd
Scott's Factory Rd: Courthouse Hwy to Turner Dr
Bethel Church Ln: Waterworks Rd to Blair's Creek Dr
Byrdette Rd: Walter's Hwy to Convenience Center
Turner Dr: Benns Church Blvd. to Scotts Factory Rd.
Sunset Dr: Courthouse Hwy. to Buckhorn Dr.
7 P.O. Box 80
17090 Monument Circle
Isle of WightVA 23397
(757) 3654204
www.co.isle-of-wightva.us
•
•
Date: June 9, 2015
To: Anne F. Seward County Administrator
From: Michael W. Terry, Director, Budget and Finance
RE: Bond Refunding Results
During the earlier portion of Fiscal Year 2014-2015 Isle of Wight County through its financial
advisor Davenport & Company identified the County's outstanding Series 2008B General
Obligation Public Improvement Bonds that would generate sufficient economic savings through
a refunding.
Throughout the fiscal year Davenport continued to monitor and track the best opportunity for
the County to pursue a Direct Bank Loan refinancing. In February 2015, proposals for a
potential refunding were received from several bank lending institutions. However, market
interest rates had increased and County staff considered the proposals submitted as not
generating sufficient debt service savings to move forward. The decision was made to wait for a
window that would provide better results for the County.
Davenport continued to monitor interest rates and pursued bank lending institutions on behalf
of the County. Rates begin to move in a favorable direction in April 2015 and Davenport
solicited proposal again for the County. Seven bank lending institutions responded to the
County's refunding proposal and one institution exceeded the County's expectations.
It is with great pleasure to advise that as of this morning the refunding transaction has been
completed, resulting in a net present value savings of $2.0 Million. Also, County's staff decision
to wait until later in the spring produced nearly $ 1.0 Million in additional net present value
savings to the County.
Thanks and appreciation in achieving this positive refunding result goes to County staff, Board
of Supervisors, Davenport & Company and many other professionals that supported the
successful completion of the 2008B Series Bond refunding.
MVvT/FYI Bond Refunding Results/ 06.18.15 B05 Meeting
Itx alI pots, Global Reach
ISLE OF WIGHT
COUNTY, VIRGINIA
MEMORANDUM
TO: Frank Haltom, Director of General Service
FROM: Ralph Anderson, Solid Waste Division Manager
SUBJECT: Solid Waste Division Latex Paint-Pickup
DATE: June 5, 2015
Solid Waste Division estimates that leftover paint accounts for nearly 55% of the County's
Household Hazardous Waste (HHW) costs on an annual basis. Over 1/2 of all the County's
HHW material received annually is latex paint. In order to sustain our program amidst
rising disposal costs, the County's Solid Waste staff has enlisted the services of Wicked
Green Paint.
Wicked Green Paint is a Department of Environmental Quality audited business based in
Norfolk, Virginia. The first pickup was executed on Friday, May 22n d. Prior to additional
pickups, the Recycling Coordinator, Catryna Jackson, will visit the Wicked Green facility
and observe their process in person on Friday, June 12t h.
At the cost of $1300 per pick-up, this mode of latex paint reuse will save the County
approximately $2000/month based on last month's expense.
P. O. Box 80
17090 Monument Circle
Isle ofWight,VA 23397
(757) 365-6204
www.co.isle-of-wight.va.us
I .1..-at ficrzo.s. Global Reach
ISLE OF WIGHT
COUNTY, VIRGINIA
PRESS RELEASE
SUBJECT: United Way Recognition
CONTACT: Don Robertson (757) 365-6202
DATE: June 8, 2015
Isle of Wight County Employees were recognized at the United Way South
Hampton Roads Campaign Finale Celebration Luncheon on June 4, 2015 for • surpassing its 2014 United Way Campaign by over 40%! Isle of Wight
County was awarded the Bronze Trailblazer Award for the 2015 Employee
United Way Campaign!
There to accept the award on behalf of the employees were Isle of Wight
County employees Faye Drewery of General Services, Bob Mislan of the
Commissioner of the Revenue's Office, and Mary Beth Johnson and Linda
Tuck of Human Resources (see picture attached).
Isle of Wight County Employees joined together , and met the challenge
through creative and competitive departmental fundraising efforts and
individual pledges!
gfri P. O. Box 80
17090 Monument Circle
Isle of VVight,VA 23397
(757) 365-6204
www.co.isle-of-wightvams