May 19th, 2016 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
May 19, 2016
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation - The Honorable Richard L. Grice/Pledge of Allegiance (6:00
p.m.)
4. Approval of Agenda
5. Citizens’ Comments
6. Consent Agenda
A. Accept and Appropriate Insurance Proceeds from VaCorp Risk Management
for Repairs to a County Vehicle ($4,994)
B. Resolution to Request VDOT Add Lake Forrest Circle (Route 1119),
Windsong Way (Route 1112), and Beacon Hill Way (Route 1117) in Eagle
Harbor Subdivision into the State Secondary System of Highways
C. Resolution to Request VDOT Add Harbor Drive (Route 1977) in Eagle
Harbor Subdivision into the State Secondary System of Highways
D. Resolution to Request VDOT Add Batten Cove (Route 1058), Alexandria
Way (Route 1055), Tyler Court (Route 1056), and Settlers Ridge (Route
1057) in Founders Pointe Phase 2 Subdivision into the State Secondary
System of Highways
A Community of Choice, Committed to Excellence
E. Motion to Adopt the Revised Isle of Wight County Emergency Operations
Plan
F. Motion to Authorize the Chairman to Extend the Employment Agreement
with the Interim County Administrator on a Month-to-Month Basis
G. Resolution to Appoint Supervisor Rex W. Alphin to the Hampton Roads
Transportation Accountability Commission (HRTAC)
H. April 21, 2016 Regular Meeting Minutes
7. Regional & Inter-Governmental Reports
8. Appointments
9. Special Presentations/Appearances
A. Special Presentation - Sarah McCoy, Government & Community Affairs
Manager, Port of Virginia
B. Special Presentation – Transportation Update, Jerry Kee, VDOT Franklin
Residency Assistant Administrator
C. Special Presentation - Entrepreneur of the Year – Lee Duncan of WharfHill
Brewing Company
10. County Attorney’s Report
A. Resolution Authorizing the County Administrator to Execute Certain
Documents Related to the Western Branch Pipeline Transfer from the City
of Suffolk to the Western Tidewater Water Authority
B. Approve Proposed Water and Sewer Agreement between the Town of
Smithfield and Isle of Wight County
A Community of Choice, Committed to Excellence
11. Public Hearings
A. Motion to Adopt an Ordinance to Amend and Reenact the Isle of Wight
County Code, Appendix B, Zoning: Article III, Use Types and Article IV,
Zoning Districts and Boundaries in Order to Add Wholesale Sales to the List
of Commercial Use Types, to Modify the Definition of Warehousing and
Distribution as an Industrial Use Type, and to Provide for Wholesale Sales as
a Use Under the Appropriate Zoning District Provision
B. Motion to Amend Conditional Zoning on .46 Acres of Land Located at 27891
Walters Highway in the Carrsville Election District to Expand the List of
Permitted Uses on the Property
12. County Administrator’s Report
Matters for the Board’s Information
1. Monthly Reports: Tax Levies & Collections as of March 2016; Cash Position;
and, Statement of the Treasurer’s Accountability as of March 2016
2. Isle of Wight County Monthly Fire/Emergency Medical Services (EMS)
Report – Incidents by Zone as of April 2016
3. Isle of Wight Website Statistics/April 2016
4. Solid Waste Division Litter Pickup
5. Isle of Wight Extension Report/April 2016
6. Notice of Public Meetings - Hampton Roads Hazard Mitigation Plan Update
13. Unfinished/Old Business
Resolution to Authorize Use of Remaining Funds from Fort Boykin Insurance
Payout for Other County Parks and Recreation Projects
A Community of Choice, Committed to Excellence
14. New Business
A. Motion to Approve the Cross-Connection Control and Backflow Prevention
Program
B. Motion to Authorize a Request for Proposal to Lease County-Owned
Property for Farming Purposes
C. Motion to Authorize Public Hearing for Tax Exemption Request from God’s
Anointed Touch Ministries
15. Closed Meeting
16. Adjournment
ISSUE:
Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management for Repairs to a County Vehicle
BACKGROUND: The County has received $4,994 in insurance proceeds for repairs to an
Emergency Services vehicle. The insurance proceeds need to be
accepted and appropriated to the Risk Management Fund budget for FY
2015-16.
The departments has requested that these insurance proceeds received
be budgeted to the line item that will allow vehicle repairs. Any
additional budget amount required would be done through the Department’s existing available budget.
BUDGETARY IMPACT:
Adoption of the resolution will increase the revenues and expenditures
of the FY 2015-16 Risk Management Fund budget. Department
budgets will be increased by the insurance proceeds in order to accomplish repairs of vehicle.
RECOMMENDATION:
Adopt the resolution to accept and appropriate insurance proceeds and
authorize department budget line items to be increase by the insurance
proceeds amount to repair vehicle.
ATTACHMENTS:
Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE
FUNDING FROM VACORP RISK MANAGEMENT FOR REPAIRS TO A COUNTY VEHICLE
WHEREAS, the County of Isle of Wight, Virginia has received insurance proceeds totaling four thousand nine hundred ninety four dollars ($4,994) for County vehicle repairs; and, WHEREAS, the insurance proceeds need to be accepted and appropriated to the Risk Management Fund budget for FY 2015-16; and,
WHEREAS, the insurance proceeds need to be budgeted to the department’s
line item for vehicle repairs for FY 2015-16.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that four thousand nine hundred ninety four dollars ($4,994) is hereby accepted and appropriated to the FY 2015-16 Risk Management Fund budget. As well as Department budgets line item be increase by the insurance proceeds amount to repair the vehicle.
BE IT FURTHER RESOLVED that the appropriate department’s budget line
item be increased by the amount of insurance proceeds to repair the vehicle.
Emergency Services Vehicle Repairs $4,994
BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this reimbursement and to do all things necessary to give this resolution effect.
Adopted this 19th day of May, 2016.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney
ISSUE:
Resolution to Request VDOT Add Lake Forrest Circle (Route 1119),
Windsong Way (Route 1112), and Beacon Hill Way (Route 1117) in Eagle Harbor Subdivision into the State Secondary System of Highways
BACKGROUND: Lake Forrest Circle (Route 1119) is located in the Eagle Harbor
Subdivision, Tract 1, Phase 4C. It has a 50 foot right-of-way and was
recorded in 2015. It extends 0.07 miles from Windsong Way to a clu-de-
sac.
Windsong Way (Route 1112) is located in Eagle Harbor Subdivision,
Tract 1, Phase 4C. It includes 0.09 miles of roadway from Graystone
Drive to Lake Forrest Circle and another 0.08 miles from Lake Forrest Circle to Beacon Hill Way. It has a 50 foot right-of-way and was
recorded in 2015.
Beacon Hill Way (Route 1117) is located in Eagle Harbor Subdivision, Tract 1, Phase 4C. It was recorded in 2015 and includes a 50 foot right-
of-way. It extends from Windsong Way, 0.13 miles, to end at a cul-de-
sac.
RECOMMENDATION:
Adopt Resolution to request acceptance of Lake Forrest Circle,
Windsong Way, and Beacon Hill Way in Eagle Harbor Subdivision into the State Secondary System of Highways.
ATTACHMENTS: - Resolution
- VDOT Form AM-4.3
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, REQUESTING ACCEPTANCE OF CERTAIN ROADS IN EAGLE HARBOR SUBDIVISION, TRACT 1, PHASE 4C, INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the streets described on the attached Additions Form AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia; and,
WHEREAS, the Land Development Department of the Virginia Department of
Transportation has advised this Board that the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State’s Secondary Road System. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia requests the Virginia Department of Transportation to
add the streets, known as Lake Forrest Circle (Route 1119), Windsong Way (Route 1112), and Beacon Hill Way (Route 1117) described on the attached Additions Form
AM-4.3 to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia of 1950, as amended, and the Department’s Subdivision Street
Requirements. BE IT FURTHER RESOLVED that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and
drainage. 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 19th day of May 2016.
Rex W. Alphin, Chairman Carey Mills Storm, Clerk
Approved as to Form:
Mark A. Popovich, County Attorney
Street Name and/or Route Number
Lake Forrest Circle, State Route Number 1119
Old Route Number: 0
z From: Windsong Way (Route 1112)
Recordation Reference: Instr. 2015-40-1,2,3
Right of Way width (feet) = 50
To: Cul-de-Sac, a distance of: 0.07 miles.
Street Name and/or Route Number
Windsong Way, State Route Number 1112
Old Route Number: 0
z From: Graystone Drive (Route 1110)
Recordation Reference: Instr. 2015-40-1,2,3 and 2-145-8
Right of Way width (feet) = 50
To: Lake Forest Circle (Route 1119), a distance of: 0.09 miles.
Street Name and/or Route Number
Windsong Way, State Route Number 1112
Old Route Number: 0
z From: Lake Forest Circle (Route 1119)
Recordation Reference: Instr. 2015-40-1,2,3
Right of Way width (feet) = 50
To: Beacon Hill Way (Route 1117), a distance of: 0.08 miles.
Project/Subdivision Eagle Harbor Tract 1 Phase 4C
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change:
Pursuant to Code of Virginia Statute:
New subdivision street
§33.2-705
Report of Changes in the Secondary System of State Highways
A Copy Testee Signed (County Official): ____________________________________________
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for
changes in the secondary system of state highways.
By resolution of the governing body adopted May 19, 2016
In the County of Isle of Wight
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: May 19, 2016 Page 1 of 2
Street Name and/or Route Number
Beacon Hill Way, State Route Number 1117
Old Route Number: 0
z From: Windsong Way (Route 1112)
Recordation Reference: N/A
Right of Way width (feet) = 50
To: Cul-de-Sac, a distance of: 0.13 miles.
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: Page 2 of 2
ISSUE:
Resolution to Request VDOT Add Harbor Drive (Route 1977) in Eagle
Harbor Subdivision into the State Secondary System of Highways
BACKGROUND: Harbor Drive (Route 1977) is located in the Eagle Harbor Subdivision,
Tract 2, Phase 5B. It includes a 50 foot right-of-way and extends from
Anchor Court, 0.19 miles to a cul-de-sac ending.
RECOMMENDATION: Adopt a resolution to request acceptance of Harbor Drive (Route 1977) in Eagle Harbor Subdivision into the State Secondary System of
Highways.
ATTACHMENTS:
- Resolution requesting acceptance into the State Secondary System of
Highways. - VDOT Form AM-4.3 for execution.
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, REQUESTING ACCEPTANCE OF CERTAIN ROADS IN EAGLE HARBOR SUBDIVISION, TRACT 2, PHASE 5B, INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the streets described on the attached Additions Form AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia; and
WHEREAS, the Land Development Department of the Virginia Department of
Transportation has advised this Board that the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State’s Secondary Road System; NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Isle of Wight County requests the Virginia Department of Transportation to add the
street, known as Harbor Drive (Route 1977) and described on the attached Additions Form AM-4.3 to the Secondary System of State Highways, pursuant to Section 33.1-
229 of the Code of Virginia of 1950, as amended, and the Department’s Subdivision Street Requirements.
BE IT FURTHER RESOLVED that this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and drainage.
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 19th day of May 2016.
Rex W. Alphin, Chairman Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
Street Name and/or Route Number
Harbor Drive, State Route Number 1977
Old Route Number: 0
z From: Anchor Court (Route 1983)
Recordation Reference: N/A
Right of Way width (feet) = 50
To: Cul-de-Sac, a distance of: 0.19 miles.
Project/Subdivision Eagle Harbor Tract 2 Phase 5B
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change:
Pursuant to Code of Virginia Statute:
New subdivision street
§33.2-705
Report of Changes in the Secondary System of State Highways
A Copy Testee Signed (County Official): ____________________________________________
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for
changes in the secondary system of state highways.
By resolution of the governing body adopted May 19, 2016
In the County of Isle of Wight
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: May 19, 2016 Page 1 of 1
ISSUE:
Resolution to Request VDOT Add Batten Cove (Route 1058),
Alexandria Way (Route 1055), Tyler Court (Route 1056), and Settlers Ridge (Route 1057) in Founders Pointe Phase 2 Subdivision into the
State Secondary System of Highways
BACKGROUND:
Batten Cove (Route 1058) is located in the Founders Pointe Subdivision,
Phase 1, Section 2D. It was recorded in 2013. It extends 0.06 miles to a
cul-de-sac.
Alexandria Way (Route 1055) is located in Founders Pointe Subdivision,
Phase 1, Section 2D. It has a 50 foot right-of-way and was recorded in
2013. It includes 0.05 miles from Tyler Court to Founders Pointe Trail. A second section includes 0.10 miles from Arlington Place to Tyler
Court.
Tyler Court (Route 1056) is located in Founders Pointe Subdivision, Phase 1, Section 2D. It has a 50 foot right-of-way and was recorded in
2013. It extends from Alexandria Way for 0.04 miles, to a cul-de-sac.
Settlers Ridge (Route 1057) is located in Founders Pointe Subdivision, Phase 1, Section 2D. It has a 50 foot right-of-way and was recorded in
2013. It extends from Founders Pointe Trail 0.05 miles to a cul-de-sac.
RECOMMENDATION:
Adopt a resolution to request acceptance of Batten Cove (Route 1058),
Alexandria Way (Route 1055), Tyler Court (Route 1056), and Settlers
Ridge (Route 1057) in Founders Pointe Phase 2 Subdivision into the State Secondary System of Highways.
ATTACHMENTS: - Resolution
- VDOT Form AM-4.3
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, REQUESTING ACCEPTANCE OF CERTAIN ROADS IN FOUNDERS POINTE SUBDIVISION, PHASE 2, SECTION 2D, INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the streets described on the attached Additions Form AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia; and,
WHEREAS, the Land Development Department of the Virginia Department of
Transportation has advised this Board that the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State’s Secondary Road System. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Isle of Wight County requests the Virginia Department of Transportation to add the
streets, known as Batten Cove (Route 1058), Alexandria Way (Route 1055), Tyler Court (Route 1056), and Settlers Ridge (Route 1057) and described on the attached
Additions Form AM-4.3 to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia of 1950, as amended, and the Department’s
Subdivision Street Requirements. BE IT FURTHER RESOLVED that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and
drainage. 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 19th day of May 2016.
Rex W. Alphin, Chairman Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
Street Name and/or Route Number
Batten Cove, State Route Number 1058
Old Route Number: 0
z From: Founders Pointe Trail (Route 1036)
Recordation Reference: 2013-2-1 thru 7
Right of Way width (feet) = 0
To: cul-de-sac, a distance of: 0.06 miles.
Street Name and/or Route Number
Alexandria Way, State Route Number 1055
Old Route Number: 0
z From: Tyler Court (Route 1056)
Recordation Reference: 2013-37-1,2,3
Right of Way width (feet) = 50
To: Founders Pointe Trail (Route 1036), a distance of: 0.05 miles.
Street Name and/or Route Number
Alexandria Way, State Route Number 1055
Old Route Number: 0
z From: Arlington Place (Route 1054)
Recordation Reference: 2013-37-1,2,3
Right of Way width (feet) = 50
To: Tyler Court (Route 1056), a distance of: 0.10 miles.
Project/Subdivision Founders Pointe Phase 2 Sec 2D-
3,2D-4
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change:
Pursuant to Code of Virginia Statute:
New subdivision street
§33.2-705
Report of Changes in the Secondary System of State Highways
A Copy Testee Signed (County Official): ____________________________________________
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for
changes in the secondary system of state highways.
By resolution of the governing body adopted May 19, 2016
In the County of Isle of Wight
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: May 19, 2016 Page 1 of 2
Street Name and/or Route Number
Tyler Court, State Route Number 1056
Old Route Number: 0
z From: Alexandria Way (Route 1055)
Recordation Reference: 2013-37-1,2,3
Right of Way width (feet) = 50
To: cul-de-sac, a distance of: 0.04 miles.
Street Name and/or Route Number
Settlers Ridge, State Route Number 1057
Old Route Number: 0
z From: Founders Pointe Trail (Route 1036)
Recordation Reference: 2013-2-1 thru 7
Right of Way width (feet) = 50
To: cul-de-sac, a distance of: 0.05 miles.
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: Page 2 of 2
ISSUE: Motion to Adopt the Revised Isle of Wight County Emergency Operations Plan
BACKGROUND:
The Code of Virginia, §44-146.19, requires each local jurisdiction to prepare
and keep current a local emergency operations plan. Every four years, each local agency must conduct a comprehensive review and revision of its emergency operations plan to ensure that the plan remains current, and the revised plan must be formally adopted by the locality’s governing body. The County’s current Emergency Operations Plan (EOP) was last adopted in
May 2012. Staff has recently completed a comprehensive review and update
of the EOP. Additionally, the Virginia Department of Emergency
Management (VDEM) has reviewed the updates and supports the updated
EOP. The County’s EOP is a living document and can be revised as needed. Such revisions may be a result of: external and internal input; as a result of activating the Emergency Operations Center and/or Declaration of Emergency; as guidelines, regulations or best management process change;
and to account for changing demographic or situational analysis, to name a
few instances.
Enclosed with the Agenda is the basic EOP. The basic EOP is supported by
Emergency Support Functions and Support Annexes which are
protected/confidential under FOIA due to their sensitivity regarding
situational operations. In that regard, please contact the County Attorney’s Office should you wish to review any of the Support Functions and Annexes and the documents can be made available for the Board’s individual review. RECOMMENDATION:
Adopt a resolution to adopt the revised Emergency Operations Plan.
ATTACHMENTS: - Resolution - May 10, 2016 email from Patricia Chappell, VDEM All Hazards Planner - Updated Basic Emergency Operations Plan
RESOLUTION TO ADOPT THE REVISED ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia recognizes the need to prepare for, respond to and recover from natural and man-made disasters; and,
WHEREAS, the County of Isle of Wight has a responsibility to provide
for the safety and well being of its citizens and visitors; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia officially adopted the County’s current Emergency Operations Plan
in May 2012; and, WHEREAS, The Code of Virginia, §44-146.19, requires each local
jurisdiction to conduct a comprehensive review and revision of its emergency
operations plan every four (4) years to ensure that the plan remains current and requires that the revised plan to be formally adopted by the locality’s
governing body.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia officially adopts the
Emergency Operations Plan, as revised May 2016; and,
BE IT FURTHER RESOLVED that the Director of Emergency Management, or his/her designees, is tasked and authorized to maintain and
revise, as necessary, this document over the next four-year period or until
such time as it is ordered to come before this Board.
Adopted this 19th day of May, 2016.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
Isle of Wight EOP
Andrea:
It has been my pleasure to work with you on Isle of Wight’s Emergency Operations Plan update process.
This email serves as notification that I have completed my full review of the updated version of your EOP
and associated Emergency Support Functions document. I found the document to be extremely thorough
and very well organized, I commend you on a job well done.
Based on our recent conversation, you anticipate presenting the EOP to your Board of Supervisor’s for
Resolution/Adoption at the May 19th meeting. Once you receive a copy of the executed Resolution,
please send me an electronic copy for our records.
As always, if you have any questions or concerns or if I can be additional assistance to you please do not
hesitate to contact me.
Tricia Chappell
Region 5 Planner
VA Department of Emergency Management
patricia.chappell@vdem.virginia.gov
(804) 516-5783
“Communication is not what you say, it is what the other person hears.”
If this communication, along with any attachmments, relates to the development of any plan, then it is covered by federal & state laws
governing electronic communications and may contain confidential & legally provileged information.
The intended recipient is reminded that communications outside this chain should be limited to "need to know" parties. Unintended
recipients are to reply to, then delete, this email.
Patricia (VDEM) <Patricia.Chappell@vdem.virginia.gov>Chappell,
Tue 5/10/2016 9:33 PM
Inbox
To:Andrea Clontz <aclontz@isleofwightus.net>;
Cc:Sterling, Bruce (VDEM) <Bruce.Sterling@vdem.virginia.gov>;
Importance:High
Page 1 of 1Isle of Wight EOP -Andrea Clontz
5/11/2016https://outlook.office365.com/owa/?viewmodel=ReadMessageItem&ItemID=AAMkADk...
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
BASIC PLAN
May 2016
Isle of Wight County
Emergency
Operations Plan
Basic Plan
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TABLE OF CONTENTS
Isle of Wight County Emergency Operations Plan
Basic Plan
APPROVAL AND IMPLEMENTATION ......................................................................... 2
Resolution of Adoption ............................................................................................................................ 2
Record of Changes .................................................................................................................................... 3
Introduction ................................................................................................................... 4
Purpose ..................................................................................................................................................... 4
Authority ................................................................................................................................................... 4
Scope ......................................................................................................................................................... 5
Situation ......................................................................................................................... 6
Geography ................................................................................................................................................. 6
General Population Demographics ........................................................................................................... 7
Functional and Access Needs Demographics ............................................................................................ 8
Major Employers in Isle of Wight ............................................................................................................ 10
Hazard Analysis .......................................................................................................... 12
Capability Assessment ............................................................................................... 13
Assumptions ............................................................................................................... 14
Activation ..................................................................................................................... 18
Concept of Operations ................................................................................................ 20
Organization ............................................................................................................................................ 20
Management Structure ........................................................................................................................... 20
Normal Operations.................................................................................................................................. 21
Response ................................................................................................................................................. 22
Recovery .................................................................................................................................................. 23
Mitigation ................................................................................................................................................ 23
Direction and Control/Administration ....................................................................... 24
Roles and Responsibilities ......................................................................................... 28
Declaration of Local Emergency ................................................................................ 32
Plan Maintenance ........................................................................................................ 34
Appendices .................................................................................................................. 36
A - Glossary of Terms ............................................................................................................................. A-1
B - List of Acronyms ................................................................................................................................ B-1
C - Matrix of Responsibilities ................................................................................................................. C-1
D - Succession of Authority ................................................................................................................... D-1
E -EOP Distribution List .......................................................................................................................... E-1
F -Continuity of Government ................................................................................................................. F-1
G- Sample Emergency Declaration........................................................................................................ G-1
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APPROVAL AND IMPLEMENTATION
A. RESOLUTION TO ADOPT THE REVISED ISLE OF WIGHT COUNTY EMERGENCY
OPERATIONS PLAN
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
the need to prepare for, respond to and recover from natural and man-made disasters; and,
WHEREAS, the County of Isle of Wight has a responsibility to provide for the safety and
well being of its citizens and visitors; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia officially
adopted the County’s current Emergency Operations Plan in May 2012; and,
WHEREAS, The Code of Virginia, §44-146.19, requires each local jurisdiction to conduct
a comprehensive review and revision of its emergency operations plan every four (4) years to
ensure that the plan remains current and requires that the revised plan to be formally adopted
by the locality’s governing body.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia officially adopts the Emergency Operations Plan, as revised May 2016;
and,
BE IT FURTHER RESOLVED that the Director of Emergency Management, or his/her
designees, is tasked and authorized to maintain and revise, as necessary, this document over
the next four-year period or until such time as it is ordered to come before this Board.
Adopted this 19th day of May, 2016
________________________
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
Approved as to form:
_____________________________________
Mark C. Popovich, County Attorney
(Signed version maintained on file with the Clerk)
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RECORD OF CHANGES
Date Revised Pages Revised Revised By
May 2000 Plan originally adopted. Richard Childress, Fire &
EMS Coordinator
July 2004 Basic Plan, Annexes and Support
Functions Updated
Richard Childress, Fire &
EMS Coordinator
May 2008 Basic Plan, Annexes and Support
Functions Updated
Howlett and Associates,
Inc.
May 2012 Basic Plan, Annexes and Support
Functions Updated
Andrea S. Clontz, Assistant
to the County Administrator
May 2016 Basic Plan, Annexes and Support
Functions Updated
Andrea S. Clontz,
Emergency Management
Coordinator
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INTRODUCTION
The Isle of Wight County Emergency Operations Plan has been developed in
accordance with Commonwealth of Virginia Emergency Services and Disaster Laws of
2000, as amended in 2008 and is aligned with the National Disaster Framework and the
National Incident Management System (NIMS).
The Isle of Wight EOP provides a framework for the coordinated response to the types of
emergencies and disaster events most likely to occur in Isle of Wight. All participating
agencies, departments and enterprises tasked in this plan are responsible for developing
and maintaining the standard operating procedures and training necessary for implementing
the assigned duties and functions described herein.
Purpose:
The purpose of the Basic Emergency Operations Plan (EOP) is to establish the legal
and organizational basis for operations in Isle of Wight County to effectively respond to
and recover from all-hazards disasters and/or emergencies. This plan provides for a
coordinated response that can save lives, protect property and restore essential
services. This plan reflects how County departments/agencies will be organized during
response to an event, including command authorities. The EOP:
• shows critical actions and interfaces during response and recovery;
• determines how the interaction between the jurisdiction and its private partner
organizations (healthcare centers, non-governmental emergency organizations
and others) is managed during the emergencies;
• outlines the interaction between the jurisdiction and regional, state and federal
authorities; and
• indicates how to handle and manage needs with the resources available.
Authority:
The foundation for this coordinated response is established through the Isle of Wight
County Emergency Operations Plan. The following laws govern this plan and response.
State
The Commonwealth of Virginia Emergency Services and Disaster Laws of 2000, as
amended in 2008 (Code of Virginia, 44-146.13 to 44-146.29.2 requires that state and
local governments develop and maintain current Emergency Operations Plans (EOP) in
order to be prepared for such events.
The Code of Virginia, 44-3.2-3.5 outlines the roles and responsibilities of elected
officials and emergency managers.
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Federal
Robert T. Stafford Disaster Relief and Emergency Assistance Act and Amendments
(Volume VI Public Law 93-288 as amended, 42 USC 5121-5207 and related authorities)
The Homeland Security Act of 2002 (Public Law 107-296)
The Department of Homeland Security - The National Response Plan, January 2008.
The Department of Homeland Security – Developing and Maintaining Emergency
Operations Plans, Comprehensive Preparedness Guide (CPG) 101, November 2010
Americans with Disabilities Act of 2010
Scope:
The Emergency Operations Plan (EOP) and all its contents apply to the entire
jurisdiction and its citizens, including populations with special needs. The plan is
applicable to all local agencies that may be requested to provide support prior to, during
or after an emergency. Personnel and partners who have a role must be knowledgeable
of the EOP. The EOP works to anticipate the needs that the jurisdiction might
experience during an incident and provides guidance for emergency response across
County Departments, agencies, and response.
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SITUATION
Geography
Isle of Wight County is located in southeastern Virginia on the western edge of the
Hampton Roads region and is included in the Virginia Beach Metropolitan Statistical
area (MSA). The County has a total land area of 316 square miles and is bordered 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. The land is generally low-lying, with many swamps and
poquoson and is subject to tidal rises and river flooding. Approximately half of the land
area of Isle of Wight falls in the Chesapeake Bay watershed region. The majority of the
county is rural with concentrations of population and industry in the two incorporated
towns – Smithfield and Windsor and the Carrollton and Carrsville/Franklin areas located
in the north and south end of the county, respectively.
Isle of Wight County is also located within the 10-mile Emergency Planning Zone (EPZ)
for Dominion Power’s Surry Nuclear Plant.
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General Population Demographics
As of the 2010 census, the population of Isle of Wight County was 35,270; an increase
of 18.6% over the 2000 census. The Census Bureau estimates that the population has
grown to 36,007 in July 2014.
Based on 2010 census data, the most predominate races living in the county were
White and Black/African American. Less than 2% of residents identified as Hispanic or
Latino of any race. A small fraction of the population, .09% reported speaking English
less than well.
Race Percentage
White 71.8%
Black/African American 24.7%
Asian .80%
Native American .35%
Pacific Islander .04%
Other .54%
2 or more races 1.8%
The Census Bureau estimated median age was 44.2 in 2013, which was higher than
both state (37.5) and national (37.3) median ages. Based on current population
projections, the percentage of residents over the age of 55 will increase from 29% in
2010 to 41% of the county’s population by 2030. It is estimated that the population in
the 0 to 14 years range will decrease from 18% to 16% by 2030.
Age Percentage*
Under 5 years 4.6%
Under 18 years 21.1%
65 and older 17.3%
*V2014 Census Bureau projections
Based on Census Bureau V2014 data estimates, Isle of Wight has approximately
13,519 households with an average household size of 2.61. Approximately 79% of
residents own homes in the County while 21% are renters. The median value of Owner
Occupied Units is $245,400.
Per capita income is a measure of community wealth that is expressed in terms of
annual individual income. Based on Census Bureau V2014 data, Isle of Wight’s per
capita income is $31,247. Median household income is another indicator of community
wealth which refers to the income of all residents 18 years or older in a household. Isle
of Wight’s median household income of $65,910 is higher than the state ($63,907) and
national ($53,046) average. Approximately 10.2% of individuals are below the poverty
line.
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Functional and Access Needs Demographics
Federal and State laws require that children and adults with disabilities have equal
opportunity to access emergency programs and services. The Stafford Act and Post-
Katrina Emergency Management Reform Act (PKEMRA), along with Federal civil rights
laws, mandate integration and equal opportunity for people with disabilities in general
population shelters. Under the Americans with Disabilities Act (ADA), children and
adults with disabilities are entitled to equal opportunity to participate in programs,
services, and activities in the most integrated setting.
The 2010 Census estimates that 8.5% of individuals under the age of 65 have some
type of disability. It is important to note that many of these individuals are fully
integrated into the community on a day-to-day basis and will not require any special
accommodations during a disaster situation.
For planning purposes, the identification of individuals with access and functional needs
that will need additional accommodations is challenging, especially in light of Health
Insurance Portability and Accountability Act (HIPPA) privacy regulations. The rural
nature of Isle of Wight County further acerbates the issue since individuals generally
access services and support groups in other localities.
Recognizing the difficulty, the Department of Health and Human Services’ Office of the
Assistant Secretary for Preparedness and Response (ASPR), has developed an online
tool, emPOWER, to aid community health agencies and emergency management
officials in disaster preparedness. The information is available to assist in planning to
meet the emergency needs of community residents who rely on electrically powered
medical and assistive equipment to live independently at home. Based on April 2016
HHS emPower Initiative data, there were 6,704 Medicare Benefices in the County. Of
these 256 were electricity dependent beneficiaries. A further breakdown by zip code is
available to help identify general concentrations of power dependent individuals.
DISTRIBUTION OF ELECTRICITY DEPENDENT BENEFICIARIES
Zip Code Percentage
23314 13%
23315 4%
23430 and 23431 61%
23487 22%
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Additional Centers for Medicare and Medicaid Services (CMS) de-identified data is
available from the local Health Department for planning purposes. As of January 2016,
CMS identified the following for Isle of Wight:
CMS DATA AS OF JANUARY 2016 #
Electricity Dependent DMS - beneficiaries that have been identified as living at home with a rental claim
for the specified equipment.
250
Home Health - beneficiaries that have been identified as living at home with a home health visit in the past 3
months. Home health visits can be for intermittent skilled nursing care, physical therapy, speech-language
pathology services, or continued occupational therapy services.
155
In Facility ESRD Dialysis - This data is comprised of all Medicare FFS and Medicare Advantage
beneficiaries that have been identified as having received dialysis treatment in an outpatient facility in the past 3
months.
82
At Home ESRD Dialysis - beneficiaries that have been identified as living at home with a rental claim for
the specified equipment.
33
O2 Services [Tanks] - beneficiaries that have been identified as living at home with a rental of oxygen tank
services. 110
02 Concentrators - An oxygen concentrator extracts and concentrates oxygen from the air and delivers it to
the patient via tubes or masks. Concentrators may be used to provide life-maintaining/saving oxygen 24-7 or in
some cases are used during different periods of a day to provide supplemental oxygen required for certain
respiratory conditions.
172
Ventilators - A ventilator provides life-maintaining/saving oxygen for an individual 24-7. 22
Enteral Feeding - An enteral feeding tube is a medical device used to provide nutrition to patients who
cannot obtain nutrition by mouth, are unable to swallow safely, or need nutritional supplementation. 33
IV Infusion Pumps - An IV infusion pump is used to deliver fluids, medication, or nutrients into a patient's
circulatory system. Often, they are used to deliver antibiotics, chemotherapy drugs, and pain relievers into a
patient's body in controlled amounts.
34
Suction Pumps - A suction pump is a medical device used by those who have difficulty raising or clearing
mucosal secretions inside the air passages. They are often prescribed for conditions pertaining to air passages,
the throat or mouth, dysfunction of the swallowing muscles, or tracheostomies.
22
Motorized Wheelchairs or Scooters - A motorized wheelchair or scooter is useful for those unable to
propel a manual wheelchair. They are used by both people with mobility impairments as well as those with
cardiovascular or fatigue-based conditions.
39
Electric Beds - is a bed designed with features including adjustable height for the entire bed, the head, and
the feet, adjustable side rails, and electronic buttons to operate the bed and other nearby electronic devices.
75
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Major Employers in Isle of Wight
MAJOR EMPLOYERS IN ISLE OF WIGHT
EMPLOYER INDUSTRY EMPLOYEES
Smithfield Packing Company Food Manufacturing 1000+
Isle of Wight County School Board Educational Services 500 to 999
Keurig Green Mountain Coffee and Tea Manufacturing 500 to 999
County of Isle of Wight Executive, Legislative, and Other General
Government Support 250 to 499
International Paper Company Paper Manufacturing 100 to 249
Food Lion Food and Beverage Stores 100 to 249
C R England Inc Truck Transportation 100 to 249
Packers Sanitation Service Inc Administrative and Support Services 100 to 249
Cost Plus Furniture and Home Furnishing Stores 100 to 249
Smithfield Foods Management of Companies and Enterprises 100 to 249
Riverside Regional Medical Center Hospitals 100 to 249
Farm Fresh Food and Beverage Stores 100 to 249
Peninsula Metropolitan YMCA Religious, Grantmaking, Civic, Professional, and
Similar Organizations 50 to 99
Isle of Wight Academy Educational Services 50 to 99
Consulate Health Care of Windsor Nursing and Residential Care Facilities 50 to 99
Town of Smithfield Executive, Legislative, and Other General
Government Support 50 to 99
Premium Pet Health LLC Food Manufacturing Paper Manufacturing 50 to 99
ST Tissue LLC Paper Manufacturing 50 to 99
Smithfield Station Accommodation 50 to 99
Presbyterian Homes & Family Services Nursing and Residential Care Facilities 50 to 99
Lineage Logistics, LLC Warehousing and Storage 50 to 99
Americare Plus Ambulatory Health Care Services 50 to 99
Farmer’s Bank Credit Intermediation and Related Activities 50 to 99
Franklin Lumber, LLC Wood Product Manufacturing 50 to 99
Magnum Enterprises Inc Food Services and Drinking Places 50 to 99
Bennett’s Creek Wholesale Crop Production 50 to 99
The Scoular Company Merchant Wholesalers, Nondurable Goods 50 to 99
McDonald’s Food Services and Drinking Places 50 to 99
Home Care Connection Ambulatory Health Care Services 50 to 99
Source: Virginia Employment Commission, Quarterly Census of Employment and Wages (QCEW), 2nd Quarter 2015
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HAZARD ANALYSIS
Isle of Wight’s weather is generally temperate and mild. Isle of Wight has an average
January low temperature of 30.9 degrees and an average July temperature 88.6
degrees. The average annual precipitation is 46.2 inches of rainfall and 7 inches of
snow.
The Hampton Roads 2016 Regional Hazard Mitigation Plan update process is under
way and will reflect all of the communities in the Hampton Roads Planning District
Commission (HRPDC) region. The current plan, adopted in 2011, included only the
south Hampton Roads communities: Virginia Beach, Norfolk, Portsmouth, Suffolk and
Isle of Wight (including the towns of Smithfield and Windsor). The Isle of Wight County
component of both plans details hazards, the history of emergency events, and
establishes goals to mitigate those hazards.
The Southside Hampton Roads Hazard Mitigation Plan adopted in 2011 provided the
following conclusion on hazard risks for Southside Hampton Roads:
CRITICAL HAZARD - HIGH RISK
• Sea Level Rise and Land
Subsidence
• Floods (100-Year)
• Hurricanes and Tropical Storms
• Winter Storms and Nor’easters
CRITICAL HAZARD - MODERATE
RISK
• Hazardous Materials Incidents
• Tornadoes
• Severe Thunderstorms and Hail
• Lightning
• Floods (Storm Surge)
• Tsunamis
NONCRITICAL HAZARD - LOW
RISK
• Urban Fires
• Wildfires
• Droughts
• Dam Failures
• Shoreline Erosion
• Earthquakes
• Extreme Heat
• Mosquito Borne Diseases
• Terrorism
• Biological Threats
• Radiological Threats
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CAPABILITY ASSESSMENT
The Local Capability Assessment Review (LCAR) for Isle of Wight is updated annually.
The assessment summarizes Isle of Wight’s prevention, protection, response and
recovery capabilities against defined hazards.
The County has a number of emergency management strengths, to include, but not
limited to:
response equipment is at strong level (apparatus, emergency generators),
participates in IFLOWS program,
has strong GIS capabilities,
critical infrastructure protection plans instituted, and
has strong Emergency Management education outreach.
Additionally, many strengths of the county regarding emergency management can also
be a weakness. For instance, Isle of Wight:
Many volunteer fire and EMS responders also are professional responders in other
counties. Many may need to respond elsewhere during a disaster.
Has the capacity to open a number of shelters but Department of Social
Services/Isle of Wight County employee staffing may run short after a few days.
Staff is well trained but many serve in several capacities.
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ASSUMPTIONS
The Isle of Wight EOP assumes the following to be true regarding its priorities,
execution and limitations:
• Isle of Wight County will strive to plan for an accepted level of risk for those
emergencies it might face realizing that total preparedness is not a realistic goal.
• The top priorities of Isle of Wight are to:
Save lives and protect the health and safety of the public, responders, and
recovery workers;
Ensure security of the jurisdiction;
Prevent an imminent incident from occurring;
Protect and restore critical infrastructure and key resources;
Ensure local government continues to function throughout the incident;
Protect property and mitigate damages and impacts to individuals, communities,
and the environment; and
Facilitate recovery of individuals, families, businesses, government, and the
environment.
• Incidents are managed at the lowest possible level of government. Local jurisdictions
should not plan on the arrival of State response assets until approximately 24 hours
after the incident while Federal response assets may not arrive for 72 hours or more.
• Based upon anticipated or actual conditions, a local State of Emergency may be
declared.
• Isle of Wight County government will function throughout a partial or full response
activation to an emergency event consistent with the organizational adjustments
required for emergency response. Depending on the risk or consequences, County
government operations could be limited to only those essential to protect life and
property with incremental levels of normal operations returning as conditions permit.
• The public and businesses should be prepared for emergencies and the
consequences associated with being isolated from public services due to
emergencies. Personal preparedness and self-help are paramount.
• Due to the nature of some disasters, Isle of Wight County may not be physically
capable of handling all requests for assistance for everyone immediately. Isle of
Wight County residents, visitors, businesses and industry need to be self sufficient
for at least the first 3 days (72 hours) following a disaster.
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• Government must be prepared to assist those who are most vulnerable to the
threating situation such as the elderly, very young, those with access and functional
needs, as well as those who need assistance caring for themselves.
• Incidents may require local government to coordinate operations and/or resources
and may:
occur at any time with little or no warning;
require significant information sharing across multiple jurisdictions and between
the public and private sectors;
involve single or multiple geographic areas;
have significant impact and/or require resource coordination and/or assistance;
span the spectrum of incident management to include prevention, preparedness,
response, and recovery;
involve multiple, highly varied hazards or threats on a local or regional scale;
result in numerous casualties; fatalities; displaced persons; property loss;
disruptions of normal life support systems, essential public services and basic
infrastructure; and significant damage to the environment;
attract a sizeable influx of independent, spontaneous volunteers and supplies;
require short notice state and federal asset coordination;
require prolonged, sustained incident management operations and support
activities.
• The combined expertise and capabilities of government at all levels, the private
sector, and nongovernmental organizations may be required to prevent, prepare for,
respond to, and recover from disasters. Stakeholder organizations will respond to an
incident to the extent of available resources. Once these resources have been
exhausted, mutual aid will be requested. If these efforts are determined to be
insufficient, requests will be made from the local to State and State to Federal
government.
• The County would depend upon outside resources and assistance during major
emergencies. In such instances, outside assistance may take up to 72 hours or
longer to arrive and effectively deal with the consequences of an emergency.
• Private and volunteer organizations will provide immediate life-sustaining relief that
is not normally available from government resources to individuals and families.
Local and/or state governmental agencies will assist these organizations by
providing information, guidance and coordination of their relief efforts.
• The EOP can be activated in whole or in part with, or without, an emergency
declaration.
• This plan will be implemented and managed according to the National Incident
Management System (NIMS).
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• Isle of Wight has a succession plan in place to ensure that local government
continues to function throughout the incident;
• Isle of Wight County will facilitate recovery of individuals, families, businesses,
government, and the environment.
• Isle of Wight County encourages all schools and educational centers, healthcare
centers, nursing home to have effective emergency plans and exercise on them
annually.
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ACTIVATION
The EOP shall be in effect when so ordered by the Director of Emergency Management
(the County Administrator, or designee). The Director of Emergency Management shall
assume overall responsibility for the County’s disaster response operations through the
roles delineated in this Emergency Operations Plan.
The declaration of a local emergency activates the EOP and authorizes the provision of
aid and assistance hereunder. The Isle of Wight County EOP may also be activated to
manage significant requests for mutual aid and cooperative assistance to other
jurisdictions that have requested appropriate assistance in response to a major event or
incident.
The parameters considered in determining whether to invoke an emergency declaration
include:
• Any imminent hazard threat or hazard impact in Isle of Wight County that threatens
or impedes the continuity of its Government.
• The Governor of Virginia declares a state of emergency and Isle of Wight County is
within the declared impact area.
The EOP may continue in operation beyond any emergency declaration, allowing an
orderly incident response demobilization and transition to Recovery Management.
A local emergency declaration must comply with the Virginia Emergency Services and
Disaster Laws of 2000 as amended, Chapter 3.2, Section 44-146.21. This chapter
states, “A local emergency may be declared by the local director of emergency
management with the consent of the governing body of the political subdivision. In the
event the governing body cannot convene due to the disaster or other exigent
circumstances, the director, or in his absence, the deputy director, or in the absence of
both the director and deputy director, any member of the governing body may declare
the existence of a local emergency, subject to confirmation by the governing body at its
next regularly scheduled meeting or at a special meeting within fourteen days of the
declaration, whichever occurs first. The governing body, when in its judgment all
emergency actions have been taken, shall take appropriate action to end the declared
emergency.”
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CONCEPT OF OPERATIONS
Isle of Wight County will experience incidents and/or events that will require efforts that
may require responses involving the personnel and resources of the County
government and associated organizations. This may include a change in day-to-day
operations, with assistance under certain circumstances from other jurisdictions, the
state and/or federal government, and non-governmental organizations, as well as
others, in order to minimize the loss of life and property and to effectively and efficiently
manage the incident and/or event.
This section outlines Isle of Wight County’s Concept of Operations for responding to
incidents and/or events. It defines the organization, management, short-term response,
recovery and mitigation along with directional control procedures.
Organization:
The County of Isle of Wight Emergency Management Department uses the National
Incident Management System (NIMS) as the underlying basis and foundation for its
incident management system for all of its incident/event responses. Therefore, Isle of
Wight uses the Incident Command System (ICS) to manage, coordinate, and direct
resources committed to an incident (Figure 1). The ICS an all-hazards, flexible and
scalable approach to incident management allowing different responders to
communicate and respond to an incident under a common organizational structure.
Management Structure:
For management of incidents, the Incident Command System (ICS) is a standardized,
on scene, all-hazards incident management approach. ICS is flexible, scalable, and can
be used for incidents of any type, scope, and complexity and utilized at all levels of
government. ICS requires the use of “plain language” to ensure diverse responders and
organizations are able to communicate a common operating picture at all times.
This plan addresses the full spectrum of activities related to local incident management,
including prevention, preparedness, response, and recovery actions. This plan focuses
on those activities that are directly related to an evolving incident or potential incident.
The five basic functional sections of the ICS are:
1. Incident Command
2. Operations
3. Planning
4. Logistics
5. Finance/Administration
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Normal Operations:
The Chief of Emergency Services/Emergency Management Coordinator are focused on
the following work during normal operations.
A. Proactive notification and deployment of resources in anticipation of or in response
to catastrophic events in coordination and collaboration with Federal, State, private
entities and other local governments when possible.
B. Organizing interagency efforts to minimize damage, restore impacted areas to pre-
incident conditions if feasible, and/or implement programs to mitigate vulnerability to
future events.
C. Coordinate incident communication, worker safety and health, private-sector
involvement, and other activities that are common to the majority of incidents.
D. Organizing Emergency Support Functions (ESFs) to facilitate the delivery of critical
resources, assets, and assistance. Departments and agencies are assigned to lead
or support ESFs based on authorities, resources, and capabilities.
E. Facilitating support to departments and agencies acting under the requesting
departments or agency’s own authorities.
F. Developing detailed supplemental operations, tactical, and hazard-specific
contingency plans and procedures.
G. Providing the basis for coordination of interagency and intergovernmental planning,
training, exercising, assessment, coordination, and information exchange.
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Response:
Isle of Wight County works through fluid, sometimes overlapping stages during an
incident, emergency and/or disaster that could require different response actions,
notifications, resource needs, and mobilization. It is important to reiterate that the
Incident Management Team (IMT) and Emergency Operations Center (EOC) work in
parallel structure.
The initial mobilization and reactive phase of the response is governed by the guidance
in the EOP and individual annexes and/or standard operating guidelines or procedures,
and by reacting to incident circumstances.
Initial incident command is established at an on-scene Incident Command Post if a
scene exists, and primary incident command is designated. Throughout the incident
response, incident command is tasked with problem-solving for issues not resolved at
lower decision-making levels in the incident command system.
Isle of Wight County recognizes five stages related to the operations of the Emergency
Operations Center:
1. Notification/Activation – The Director of Emergency Management in coordination
with the Chief of Emergency Services/Coordinator of Emergency Management
determines that level of activation and ensures information is declared.
2. Mobilization – Coordinated by the Chief of Emergency Services/Coordinator of
Emergency Management.
3. Operations – The Emergency Operations Team will commence assigned roles. ESF
list response activities during this stage
4. Demobilization - As the EOC Incident Action Plan objectives are achieved and tasks
completed resources will be demobilized.
5. Transition to Recovery-The EOC remains operational while operations transition its
personnel and structure to the recovery phase of the incident.
Virginia Department of Criminal Justice and the Virginia Criminal Injury
Compensation Fund
Effective July 1, 2009, per code §44-146.18 of the Virginia Emergency Services and
Disaster Laws of 2000, as amended, Isle of Wight County will immediately contact the
Virginia Department of Criminal Justice Services and the Virginia Criminal Injury
Compensation Fund to deploy assistance in the event of an emergency as defined in
the EOP when there are victims as defined in 19-2-11.01 of the Code of Virginia.
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Recovery:
Recovery encompasses planning and actions related to community restoration that
extends beyond response activities. Recovery is both a short- and long-term process.
Short-term operations restore vital services to the community and provide for basic
needs to the public. Long-term recovery focuses on restoring the community to its
normal or pre-disaster condition. It includes developing/implementing strategic plans for
full restoration, improvement, and growth of Isle of Wight County.
Several Emergency Support Functions (ESF) are assigned the responsibility for
providing guidance concerning recovery efforts following large scale disasters.
Mitigation:
Developed in conjunction with the cities of Portsmouth, Norfolk, Virginia Beach Suffolk,
and the Towns of Smithfield and Windsor, Isle of Wight County maintains The
Southside Hampton Roads Hazard Mitigation Plan. The Plan is updated continually to
address hazards and prioritize mitigation actions based on those hazards which present
the greatest risk to lives and property. This analysis provides a basis for Isle of Wight
County to compare and prioritize mitigation actions that can decrease or eliminate risk
from natural or human-caused hazards. Mitigation actions include:
• Cataloging and reviewing of current safety, prevention, business continuity, and
other vulnerability reduction activities across Isle of Wight County Offices and
organizations.
• Amending zoning and building codes and ordinances;
• Reviewing land use planning;
• Addressing mitigation and preparedness activities with manufacturing plants such as
Smithfield Foods, fuel storage facilities, major institutions such as Paul D. Camp
Community College, waste disposal facilities, and other facilities to ensure
compatibility of emergency plans and procedures, especially where there is an
acknowledged hazard that could spread off-site; and,
• Ongoing cooperative efforts with law enforcement, the Virginia Fusion Center via
Homeland Information Security Network, and others to ensure a decrease of the
threat and vulnerability to terrorism and human-caused incidents.
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DIRECTIONAL CONTROL/ADMINISTRATION
General:
This section describes the local coordinating structures, processes, and protocols
employed to manage incidents.
A. The Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as
amended, provide that Emergency Management organizations and operations will
be structured around existing constitutional government. The Isle of Wight County
organization for emergency operations consists of existing government departments
Non-Governmental Organization (NGO) and private and emergency response
organizations.
B. The County Administrator is the Director of Emergency Management. The day-to-
day activities of the emergency preparedness program have been delegated to the
Emergency Management Coordinator. The Director, in conjunction with the Chief of
Emergency Services/Emergency Management Coordinator, will direct and control
emergency operations in time of emergency and issue directives to other services
and organizations concerning disaster preparedness.
C. The Director of Emergency Management, assisted by the Chief of Emergency
Services/Emergency Management Coordinator and department heads, will develop
and maintain a primary Emergency Operations Center (EOC) from which to direct
operations in time of emergency. The primary EOC is currently located in the
County Public Safety Building. The alternate EOC is located in the Smithfield Town
Hall.
D. The day-to-day activities of the emergency management program, for which the
Emergency Management Coordinator is responsible, include developing and
maintaining an Emergency Operations Plan, maintaining the County EOC in a
constant state of readiness, and other responsibilities as outlined in local and state
regulations.
E. The County Administrator/Director of Emergency Management is the constituted
legal authority for approving Emergency Operations Plans and declaring a local
state of emergency, with the consent of the Board of Supervisors.
F. The Director of Emergency Management or the Chief of Emergency
Services/Emergency Management Coordinator may declare a local emergency. The
declaration of a local emergency activates the EOP and authorizes the provision of
aid and assistance there under. It should be declared when a coordinated response
among several local agencies/organizations must be directed or when it becomes
necessary to incur substantial financial obligations in order to protect the health and
safety of persons and property or to assist the victims of a disaster.
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G. The Director of Emergency Management or, in his absence, the Chief of Emergency
Services/Emergency Management Coordinator will determine the need to
recommend evacuation of large areas and will issue recommendations for
evacuation or other protective action as needed. The Sheriff’s Department will
implement evacuation and provide security for the evacuated area. In the event of a
hazardous materials incident, the local Fire Chief or his representative on the scene
should implement immediate protective action to include evacuation as appropriate.
H. Succession to the County Administrator/Director of Emergency Management will be
the Chief of Emergency Services and the Emergency Management Coordinator.
I. The Director of Emergency Management or, in his absence, the Chief of Emergency
Services/Emergency Management Coordinator will notify the Virginia Department of
Emergency Management (VDEM) immediately upon the declaration of a local
emergency. At least daily situation reports to VDEM are also required if a local
emergency has been declared. All appropriate locally available forces and
resources will be fully committed before requesting assistance from the state. All
disaster-related expenditures must be documented in order to be eligible for post-
disaster reimbursement should a federal disaster be declared.
J. The heads of operating departments/agencies will maintain plans and procedures in
order to be prepared to effectively accomplish their assigned responsibilities.
K. The Emergency Management Coordinator will assure compatibility between the
County’s EOP and the plans and procedures of key facilities and private
organizations within the county as appropriate.
L. The County must be prepared to bear the initial impact of a disaster on its own. Help
may not be immediately available from the state or federal government after a
natural or man-made disaster. All appropriate locally available forces and resources
will be fully committed before requesting assistance from the state. Requests for
assistance will be made through the State EOC to the State Coordinator.
M. The Director of Emergency Management or, in his absence, the Chief of Emergency
Services/Emergency Management Coordinator, with support from designated local
officials, will exercise direction and control from the EOC during disaster operations.
The EOC may be partially or fully staffed depending on the type and scope of the
disaster. The EOC will provide logistical and administrative support to response
personnel deployed to the disaster site(s). Available warning time will be used to
implement increased readiness measures that will insure maximum protection of the
population, property, and the supplies from the effects of threatened disasters.
N. The heads of operating departments/agencies will develop and maintain detailed
plans and standing operating procedures necessary for their departments to
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effectively accomplish their assigned tasks. Department and agency heads will
identify sources from which emergency supplies, equipment, and transportation may
be obtained promptly when required. Accurate records of disaster-related
expenditures will be maintained. All disaster-related expenditures will be
documented to provide a basis for reimbursement should federal disaster assistance
be needed. In time of emergency, the heads of County offices, departments, and
agencies will continue to be responsible for the protection and preservation of
records essential for the continuity of government operations. Department and
agency heads will establish lists of succession of key emergency personnel.
O. Day-to-day functions that do not contribute directly to the emergency operation may
be suspended for the duration of any emergency. Efforts that would normally be
required of those functions will be redirected to accomplish the emergency task by
the agency concerned.
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ROLES AND RESPONSIBILITIES
Board of Supervisors - Isle of Wight is governed by a five-member County Board of
Supervisors. The Chairperson of the Board serves as the County’s chief elected official.
The Board of Supervisors:
• Establish the local emergency management program
• Appoint the local emergency management staff
• Adopt the Emergency Operations Plan
County Administrator - Director of Emergency Management - The Isle of Wight
County Administrator, serving as the jurisdiction’s chief executive, is responsible for
ensuring the public safety and welfare of the people of Isle of Wight County. By statute,
the direct management of emergencies is delegated to the County Administrator who is
officially designated as the County’s Director of Emergency Management. The County
Administrator:
• Protects the lives and property of citizens,
• Exercises direction and coordination from the EOC during disaster operations;
• Determines the need to evacuate an endangered area; and
• Holds overall responsibility for maintaining and updating the EOP.
• Dependent upon state and local laws, has extraordinary powers to suspend local
laws and ordinances, such as to establish a curfew, direct evacuations, and in
coordination with the local health authority to order quarantine.
Emergency Management Coordinator
• Develops and maintains the EOP;
• Ensures the local EOC is in a constant state of readiness;
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• Assumes certain duties in the absence of the Director of Emergency Management;
and
• Ensures that the EOP is reviewed, revised, and adopted every four years.
Local Government Agencies - Local departments and agencies participate in the
Emergency Support Function (ESF) structure as coordinators, primary response agencies,
and/or support agencies and/or as required to support incident management activities.
• Develop and maintain detailed emergency plans and standard operating procedures
(SOPs);
• Identify sources of emergency supplies, equipment and transportation;
• Negotiate and maintain mutual aid agreements, which are identified in the plan;
• Maintain records of disaster related expenditures, including appropriate documentation;
• Protect and preserve vital records essential for the continuity of government and
delivery of essential functions; and
• Establish and maintain list of succession of key personnel.
Emergency Support Functions - The Emergency Support Function (ESF) is a
grouping of government and certain private-sector capabilities into an organizational
structure to provide support, resources, program implementation, and emergency
services that are most likely to be needed during incidents. Each ESF is composed of
primary and support agencies. The jurisdiction identifies primary agencies on the basis
of authorities, resources, and capabilities. ESFs are expected to support one another in
carrying out their respective roles and responsibilities. The ESF also describe
standards operating procedures (SOPs) for each ESF to provide clarity or roles and
responsibilities and actions to be taken. Note that not all incidents result in the activation
of the ESFs. It is possible an incident may be addressed without activating the ESFs.
Non-governmental and Volunteer Organizations – Non-governmental organizations
collaborate with first responders, governments at all levels, and other agencies and
organizations providing relief services to sustain life, reduce physical and emotional
distress, and promote recovery of disaster victims when assistance is not available from
other sources. For example, a local American Red Cross chapter provides relief at the
local level and also provides staffing of ESF #6 – Mass Care. The Virginia Voluntary
Organizations Active in Disaster (VVOAD) is a group of recognized local, state and
national organizations that provide disaster relief. VVOAD provides significant
capabilities to incident management and response efforts. The Local Long-term
Disaster Recovery Task Forces also provides for individuals, families, and businesses
who have applied for available state and federal assistance but who may still have
unmet needs.
Hampton Roads Partnerships - Isle of Wight participates as part of the Hampton
Roads regional emergency management community. It works on hazard mitigation
studies, participates in regional catastrophic planning, partners on hurricane evacuation
planning, and benefits from emergency preparedness grants as part of this community.
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Additionally, Isle of Wight was the recipient of a Shelter Support Unit (SSU) trailer
provided via a joint Hampton Roads Urban Areas Security Initiative (UASI)/Metropolitan
Medical Response System (MMRS) grant with almost $100,000 of consumable and
durable medical supplies because of its regional participation. Isle of Wight is also
fortunate to have additional regional resources including a Mass Casualty Response
trailer, Hazardous Response trailer and a Mass Casualty Incident transport bus.
Citizen Involvement - Strong partnerships with citizen groups and organizations
provide and individual volunteers support for incident management prevention,
preparedness, response, recovery, and mitigation. Isle of Wight collaborates with its
citizens when responding to or recovering from an emergency. Many local groups and
individuals provide assistance when requested.
Private Sector - Primary and support agencies coordinate with the private sector to
effectively share information, form courses of action, and incorporate available
resources to prevent, prepare for, respond to, and recover from disasters.
The roles, responsibilities and participation of the private sector during disaster vary
based on the nature of the organization and the type and impact of the disaster. The
roles of the private sector organizations are summarized below.
TYPE OF
ORGANIZATION
ROLE
Impacted
Organization or
Infrastructure
Private sector organizations may be affected by direct or indirect
consequences of the incident, including privately owned critical
infrastructure, key resources, and those main private sector
organizations that are significant to local economic recovery.
Examples of privately owned infrastructure include
transportation, telecommunications, private utilities, financial
institutions, and hospitals.
Response
Resources
Private sector organizations provide response resources
(donated or compensated) during an incident—including
specialized teams, equipment, and advanced technologies—
through local public-private emergency plans, mutual aid
agreements, or incident specific requests from local government
and private sector volunteered initiatives.
Regulated and/or
Responsible Party
Owners/operators of certain regulated facilities or hazardous
operations may bear responsibilities under the law for preparing
for and preventing incidents from occurring, and responding to
an incident once it occurs.
Local Emergency
Organization
Member
Private sector organizations may serve as an active partner in
local emergency preparedness and response organizations and
activities, such as membership on the Local Emergency Planning
Committee (LEPC).
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• Private sector organizations are encouraged to develop and maintain capabilities to
respond and to manage a complete spectrum of incidents and emergencies.
• Isle of Wight County maintains ongoing interaction with the critical infrastructure and
key resources and industries to provide coordination of prevention, preparedness,
response, and recovery activities.
• Private sector representatives are included in planning and exercises.
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DECLARATION OF A LOCAL EMERGENCY
1. The County Administrator/Director of Emergency Management with the consent of
the Board of Supervisors, by resolution, should declare an emergency to exist
whenever the threat or actual occurrence of a disaster is, or threatens to be, of
sufficient severity and magnitude to require significant expenditures and a
coordinated response in order to prevent or alleviate loss of live, property
damage/loss, hardship, or suffering.
2. A declaration of a local emergency activates the response and recovery programs of
all applicable local and inter-jurisdictional EOPs and authorizes the furnishing of aid
and assistance in accordance with those plans. In the event the Board cannot
convene due to the disaster, the Director of Emergency Management, or Chief of
Emergency Services/Emergency Management Coordinator in his absence, may
declare a local emergency to exist subject to confirmation of the entire Board, within
five days. The Director of Emergency Management or, in his absence, the Chief of
Emergency Services/Emergency Management Coordinator, will advise the State
EOC immediately following the declaration of a local emergency.
3. When local resources are insufficient to cope with the effects of a disaster and the
County requests state assistance, the following procedures will apply. The Director
of Emergency Management, via WebEOC, will indicate that a local emergency has
been declared, the local EOP has been implemented, available resources have
been committed, state assistance is being requested and, if appropriate, it is
recommended that the Governor declare a state of emergency. A copy of the
resolution declaring a local emergency to exist should accompany this letter (see
Appendix G-1).
The State EOP requires the submission of the following reports by local government
in time of emergency.
1. Daily Situation Report
2. Damage Assessment Report
3. After-Action Report
Support by military units may be requested through the State EOC. Military forces,
when made available, will support and assist local forces and may receive from the
local Director of Emergency Management or his designated representative, mission-
type requests to include objectives, priorities, and other information necessary to
accomplish missions.
Emergency assistance may be made available from neighboring jurisdictions in
accordance with mutual aid agreements. Emergency forces may be sent from Isle
of Wight County to assist adjoining jurisdictions. Such assistance will be in
accordance with existing mutual aid agreements or, in the absence of official
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agreements, directed by the Director of Emergency Management or, in his absence,
the Chief of Emergency Services/Emergency Management Coordinator when he/she
determines that such assistance is necessary and feasible.
The Director of Emergency Management, the Chief of Emergency
Services/Emergency Management Coordinator, and the Department of Social
Services will assist disaster victims in obtaining post-disaster assistance, such as
temporary housing and low-interest loans.
This plan is effective as a basis for training and pre-disaster preparedness upon
receipt. It is effective for execution when:
1. Any disaster threatens or occurs in the County and a local disaster is declared
under the provisions of Section 44-146.21, the Commonwealth of Virginia
Emergency Management and Disaster Law of 2000, as amended.
2. A state of emergency is declared by the Governor.
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PLAN MAINTENANCE
Code of Virginia, §44-146.19E, requires each jurisdiction to prepare and keep current a
local emergency operations plan. Every four years Isle of Wight shall conduct a
comprehensive review and revision of its emergency operations plan to ensure that it
remains current. The revised plan shall be formally adopted by the jurisdiction’s
governing body. Plans should be updated and reviewed following a training exercise or
actual incident to incorporate lessons learned.
• The Virginia Emergency Services and Disaster Law of 2000, as amended, requires
that each city and county prepare and keep current an Emergency 0perations Plan.
• The Chief of Emergency Services/Emergency Management Coordinator will update
the Emergency Operations Plan annually. The Chief of Emergency Services will
coordinate with each emergency resource organization and assure the development
and maintenance of an appropriate emergency response capability.
CONCURRENT IMPLEMENTATION OF OTHER PLANS
The Local Emergency Operations Plan is the core plan for managing incidents and
details, the local coordinating structures and processes used during incidents.
Supplemental agency or interagency plans may be implemented concurrently with the
Emergency Operations Plan (EOP) but are subordinated in the overarching core
coordinating structures, processes, and protocols detailed in the EOP.
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Appendices
Glossary of Key Terms A-1
List of Acronyms B-1
Matrix of Responsibilities C-1
Succession of Authority D-1
Emergency Operations Plan Distribution List E-1
Continuity of Government F-1
Sample Declaration of a Local Emergency G-1
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ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX A A - 1
Appendix A – Glossary of Key Terms
Access and Functional Needs - Populations whose members may have additional
needs before, during, and after an incident in functional areas, including but not limited
to: maintaining independence, communication, transportation, supervision, and medical
care. Individuals in need of additional response assistance may include those who have
disabilities; who are older adults, who are children; who are from diverse cultures; who
have limited English proficiency or are non-English speaking; or who are transportation
dependent.
Amateur Radio Emergency Services - A public service organization of licensed
amateur radio operators who have voluntarily registered their qualifications and
equipment to provide emergency communications for public service events as needed.
See also Radio Amateur Civil Emergency Services (RACES).
American Red Cross - An organization charged by statue and agreements with the
responsibility of helping meet the human needs of disaster victims.
Catastrophe (catastrophic incident) – Any natural or human caused incident,
including acts of terrorism, that results in extraordinary levels of mass casualties,
damage, or disruption severely affecting the population, infrastructure, environment,
economy and/or government functions.
Common Operating Picture (COP) – A broad view of the overall situation as reflected
by situation reports, aerial photography and other information or intelligence.
Command Section - One of the five functional areas of the Incident Command System.
The function of command is to direct, control, or order resources, including people and
equipment, to the best possible advantage.
Command Post - That location at which primary Command functions are executed;
usually co-located with the Incident Command Base. Also referred to as the Incident
Command Post.
Community Development Block Grant (CDBG) – A federal grant program that often
supplements its annual block grants with post-disaster funds to assist in rebuilding
communities. The Department of Housing and Community Development (DHCD)
manages the post-disaster CDBG grants in Virginia.
Comprehensive Resource Management - Maximizes the use of available resources,
consolidates like resources and reduces the communications load on the Incident
Command Operation.
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APPENDIX A A - 2
Continuity of Operations (COOP) – A process of identifying the essential functions -
including staff, systems and procedures - that ensure the continuation of the agency’s
ability to operate.
Coordination - The process of systematically analyzing a situation, developing relevant
information, and informing appropriate personnel of viable alternatives for selection of
the most effective combination of available resources to meet specific objectives.
Critical Infrastructure – Systems and assets, whether physical or virtual, so vital to the
community, the Commonwealth, or the nation that the incapacity or destruction of such
systems and assets would have a debilitating impact on security, economic security,
public health or safety, or any combination of those matters.
Declaration of Emergency - Whenever, in the opinion of the Governor, the safety and
welfare of the people of the state require the exercise of extreme emergency measures
due to a threatened or actual disaster, he may declare a state of emergency to exist. A
declaration of emergency may also be made at the local level – refer to Local
Emergency below for additional information.
Damage Assessment - The process used to appraise or determine the number of
injuries and deaths, damage to public and private property, and status of key facilities
and services (e.g., medical and health care facilities, fire and police stations,
communications networks, water and sanitation systems, utilities, transportation
networks) resulting from a human-caused or natural disaster.
Decontamination - The process of making people, objects, or areas safe by absorbing,
destroying, neutralizing, making harmless, or removing the Hazardous
Materials/HAZMAT.
Disability - According to the Americans with Disabilities Act, the term “individual with a
disability” refers to “a person who has a physical or mental impairment that substantially
limits one or more major life activities, a person who has a history or record of such an
impairment, or a person who is regarded by others as having such an impairment.” The
term “disability” has the same meaning as that used in the Americans with Disabilities
Act Amendments Act of 2008, P.L. 110-325, as incorporated into the Americans with
Disabilities Act. See http://www.ada.gov/pubs/ada.htm for the definition and specific
changes to the text of the Americans with Disabilities Act. State laws and local
ordinances may also include individuals outside the Federal definition.
Emergency/Disaster/Incident -An event that demands a crisis response beyond the
scope of any single line agency or service and that presents a threat to a community or
larger area. An emergency is usually an event that can be controlled within the scope
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APPENDIX A A - 3
of local capabilities; a major emergency or disaster usually requires resources beyond
what is available locally.
Emergency Management Assistance Compact (EMAC) – An agreement and
organization ratified by Congress and the Virginia General Assembly that provides form
and structure to interstate mutual aid. Through EMAC, a disaster impacted state can
request and receive assistance from other member states quickly and efficiently.
Emergency Alert System (EAS) - A network of broadcast stations interconnecting
facilities authorized by the Federal Communications Commission (FCC) to operate in a
controlled manner to warn and inform the public of needed protective actions in the
event of a disaster or emergency situation.
Emergency Operations Center (EOC) - A facility from which government directs and
controls its emergency operations; where information about the status of the emergency
situation is officially collected, assimilated, and reported on; where coordination among
response agencies takes place; and from which outside assistance is officially
requested.
Emergency Operations Plan (EOP) - A document which provides for a preplanned
and coordinated response in the event of an emergency or disaster situation.
Emergency Management - The preparation for and the carrying out of functions (other
than functions for which military forces are primarily responsible) to prevent, minimize,
and repair injury and damage resulting from natural or manmade disasters. These
functions include firefighting, police, medical and health, rescue, warning engineering,
communications, evacuation, resource management, plant protection, restoration of
public utility services, and other functions related to preserving the public health, safety,
and welfare.
Emergency Medical Services (EMS) - Services, including personnel, facilities, and
equipment, required to ensure proper medical care for the sick and injured from the time
of injury to the time of final disposition (which includes medical disposition within a
hospital, temporary medical facility, or special care facility; release from the site; or
being declared dead). Further, emergency medical services specifically includes those
services immediately required to ensure proper medical care and specialized treatment
for patients in a hospital and coordination of related hospital services.
Emergency Support Function (ESF) - A function which takes agencies to provide or to
coordinate certain resources in response to emergencies or disasters.
Exercise - An activity designed to promote emergency preparedness; test or evaluate
emergency operations plans, procedures, or facilities; train personnel in emergency
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APPENDIX A A - 4
response duties, and demonstrate operational capability. There are three specific types
of exercises: tabletop, functional, and full scale.
Evacuation – Organized and supervised withdrawal, dispersal or removal of people
from dangerous or threatened areas, and their reception and care in safe areas.
Family Assistance Center/Family Reception Center (FAC/FRC) - A centralized
location where a seamless service delivery system built on multi‐agency coordination
will result in the effective dissemination of information and assistance to all impacted
families. A FAC is the management and organizational framework to handle the victims
dealing with an incident of mass casualties. The FAC offers counseling and information
on the current situation in a safe and secure location.
Federal Disaster Assistance - Aid to disaster victims and/or state and local
governments by federal agencies under provisions of the Booker T. Stafford Relief and
Emergency Assistance Act of 1988 (PL93-288).
Federal Emergency Management Agency (FEMA) – A component of the U.S.
Department of Homeland Security responsible for providing technical support to states
and local governments to respond to and recover from emergencies and disasters
caused by any hazard.
Geographic Information System (GIS) - A computer system capable of assembling,
storing, manipulating, and displaying geographically reference information, i.e. – data
identified according to their locations.
Hazard - A natural, technological, or human-caused source or cause of harm or
difficulty.
Hazard Mitigation – Any action taken to reduce or eliminate the long-term risk to
human life or property.
Hazard Mitigation Grant Program (HMGP) – a federal program that makes cost-share
grants available to states and localities after declared disasters in order to implement
cost-effective measures to reduce or eliminate risks.
Hazardous Materials (HazMat) - Substances or materials that may pose unreasonable
risks to health, safety, property, or the environment when used, transported, stored or
disposed of, which may include materials that are solid, liquid, or gas. Hazardous
materials may include toxic substances, flammable and ignitable materials, explosives,
or corrosive materials, and radioactive materials.
Hazardous Materials Emergency Response Plan - The plan was developed in
response to the requirements of Section 303 (a) of the Emergency Planning and
Community Right-to-Know Act (Title III) of Superfund Amendments and Reauthorization
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APPENDIX A A - 5
Act of 1986. It is intended to be a tool for out community’s use in recognizing the risks
of a hazardous materials release, in evaluating our preparedness for such an event, and
in planning our response and recovery actions. This plan is separate from Isle of Wight
County Emergency Operations Plan
Household Pet - According to FEMA Disaster Assistance Policy 9253.19, “[a]
domesticated animal, such as a dog, cat, bird, rabbit, rodent, or turtle, that is
traditionally kept in the home for pleasure rather than for commercial purposes, can
travel in commercial carriers, and be housed in temporary facilities. Household pets do
not include reptiles (except turtles), amphibians, fish, insects/arachnids, farm animals
(including horses), and animals kept for racing purposes.” This definition is used by
FEMA to determine assistance that FEMA will reimburse and is the definition used in
the production of this Guide. Individual jurisdictions may have different definitions based
on other criteria.
Incident Command System (ICS) - A model for disaster response that uses common
terminology, modular organization, integrated communications, unified command
structure, action planning, manageable span or control, pre-designed facilities, and
comprehensive resource management. In ICS there are five functional elements:
Command, Operations, Logistics, Planning and Finance/Administration.
Incident Commander - The individual responsible for the management of all incident
operations.
Incident Management Team (IMT) - A national-based or regional-based team
composed of SMEs and incident management professionals, usually composed of
personnel from multiple Federal departments and agencies, which provide incident
management support during a major incident.
Integrated Communications Plan - This plan coordinates the use of available
communications means and establishes frequency assignments for certain functions.
Initial Damage Assessment Report - A report that provides information regarding
overall damage to public and private property, thereby providing a basis for emergency
declaration and/or disaster assistance.
Joint Field Office (JFO) – A temporary federal facility established near a declared
disaster area to provide a central point for federal, state, voluntary and local officials
with responsibilities for incident oversight, direction and assistance.
Joint Information Center (JIC) – A facility established to coordinate all incident-related
public information activities. It is the central point of contact for all news media for
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APPENDIX A A - 6
information related to the incident. Public information officials from all participating
federal and state agencies will collocate at the JIC.
Joint Operations Center (JOC) – The JOC is the focal point for all federal investigative
law enforcement activities during a terrorist or potential terrorist incident or any other
significant criminal incident, and is the point of coordination with state and local law
enforcement officials. The JOC becomes a component of the JFO when the National
Response Framework (NRF) is activated.
Local Emergency - The condition declared by the local governing body when, in its
judgment, the threat or actual occurrence of a disaster is or threatens to be of sufficient
severity and magnitude to warrant coordinated local government action to prevent, or
alleviate loss of life, property damage, or hardship.
Local Emergency Planning Committee (LEPC) - Appointed representatives of local
government, private industry, business, environmental groups, and emergency
response organizations responsible for ensuring that the hazardous materials planning
requirements of the Superfund Amendments and Reauthorization Act of 1986 (SARA
Title III) are complied with.
Mass Care -The actions that are taken to protect evacuees and other disaster victims
from the effects of the disaster. Activities include mass evacuation, mass sheltering,
mass feeding, access and functional needs support, and household pet and service
animal coordination.
Mitigation - Activities that actually eliminate or reduce the chance occurrence or the
effects of a disaster. Examples of mitigation measures include, but are not limited to,
the development of zoning laws and land use ordinances, State building code
provisions, regulations and licensing for handling and storage of hazardous materials,
and the inspection and enforcement of such ordinances, codes and regulations
Mobile Crisis Unit - A field response vehicle staffed and operated by mental health
professionals specially trained in crisis intervention. The Mobile Crisis Unit is available
to provide on-scene crisis intervention to incident victims and to follow up work with
victims and formal Critical Incident Stress Debriefings for service providers after the
incident has been brought under control.
Mutual Aid Agreement - A written agreement between agencies and/or jurisdictions in
which they agree to assist one another, upon request, by furnishing personnel and
equipment in an emergency situation. Often referred to as a Memorandum of
Understanding (MOU) or Memorandum of Agreement (MOA).
National Response Framework (NRF) - The National Response Framework presents
the guiding principles that enable all response partners to prepare for and provide a
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX A A - 7
unified national response to disasters and emergencies. It establishes a
comprehensive, national, all-hazards approach to domestic incident response.
National Incident Management System (NIMS) – A system mandated by the federal
Homeland Security Presidential Directive (HSPD) #5 that provides a consistent
nationwide approach for Federal, State, local, and tribal governments; the private-
sector, and nongovernmental organizations to work effectively and efficiently together to
prepare for, respond to, and recover from domestic incidents, regardless of cause, size,
or complexity. To provide for interoperability and compatibility among Federal, State,
local, and tribal capabilities, the NIMS includes a core set of concepts, principles, and
terminology. HSPD-5 identifies these as the ICS; Multi-agency Coordination Systems;
training; identification and management of resources (including systems for classifying
types of resources); qualification and certification; and the collection, tracking, and
reporting of incident information and incident resources.
National Response Framework (NRF) – is a guide to how the Nation conducts all-
hazards response. It is built upon scalable, flexible, and adaptable coordinating
structures to align key roles and responsibilities across the Nation, linking all levels of
government, nongovernmental organizations, and the private sector. It is intended to
capture specific authorities and best practices for managing incidents that range from
the serious but purely local, to large-scale terrorist attacks or catastrophic natural
disasters.
National Weather Service (NWS) - The federal agency, which provides localized
weather information to the population, and during a weather-related emergency, to state
and local emergency management officials.
Non-governmental Organization (NGO) – A nonprofit entity that is based on interests
of its members, individuals or institutions and that is not created by the government, but
may work cooperatively with government. Such organizations serve the public purpose,
not a private benefit. Examples of NGOs are the members of the Virginia VOAD –
Voluntary Organizations Active in Disasters.
Preparedness – As defined in the NRF, preparedness is the range of deliberate, critical
tasks and activities necessary to build sustain and improve the operational capability to
prevent, protect against, respond to, and recover from incidents. Preparedness is a
continuous process involving efforts by and among governments and other
organizations and by the general public.
Presidential Declaration - A presidential declaration frees up various sources of
assistance from the Federal government based on the nature of the request from the
governor.
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX A A - 8
Primary Agency - While several Isle of Wight County departments will be performing
varied and critical tasks during a disaster, in most cases only one agency will be
considered the ‘primary agency.’ The primary agency shall be responsible for detailed
planning, testing, and evaluation of their respective emergency support function. The
Director of Emergency Management shall serve as the principle advisor to the Board of
Supervisors during the response and recovery phase. In addition, the Director of
Emergency Management must assure that essential operations of his/her agency will
continue, unless otherwise directed by the Isle of Wight County Board of Supervisors.
Public Information Officer (PIO) - A member of the Command Staff in the VEOC and
the JFO responsible for interfacing with the public and media with incident related
information.
Radio Amateur Civil Emergency Services (RACES) – An amateur radio
communications system organized to provide temporary emergency communications
support to federal, state, and local governments during periods of imminent or actual
emergency.
Recovery – Activities that address the short-term and long-term needs and the
resources to assist, restore, strengthen and rebuild affected individuals and
communities.
Response – Activities that address the short-term, direct effects of an incident.
Response includes immediate actions to save lives, protect property and meet basic
human needs.
Service Animal - Under the ADA (July 2015), a service animal is defined as a dog that
has been individually trained to do work or perform tasks for an individual with a
disability. The task(s) performed by the dog must be directly related to the person's
disability. Service animals’ jobs include, but are not limited to:
o Guiding individuals with impaired vision,
o Individuals with impaired hearing (to intruders or sounds such as a baby’s cry,
the doorbell, and fire alarms),
o Pulling a wheelchair,
o Retrieving dropped items,
o Alerting people of impending seizures, and
o Assisting people who have mobility disabilities with balance or stability.
Situation Report (Sit Rep) - A form which, when completed at the end of each day of
at the Emergency Operations Center operations, will provide the County officials with an
official daily summary of the status of and emergency and of the local emergency
response. A copy should be submitted to the State EOC via WebEOC.
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX A A - 9
Span of Control - As defined in the Incident Command System, Span of Control is the
number of subordinates one supervisor can manage effectively. Guidelines for the
desirable span of control recommend three to seven persons. The optimal number of
subordinates is five for one supervisor.
Stafford Act, The – The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, 93 Pub. L. No.288 Stat. 143 as amended establishes the programs and processes
for the federal government to provide disaster and emergency assistance to states,
local governments, tribal nations, individuals and qualified private nonprofit
organizations. The provisions cover all hazards including natural disasters and terrorist
events.
State of Emergency - The condition declared by the Governor when, in his judgment, a
threatened or actual disaster in any part of the State is of sufficient severity and
magnitude to warrant disaster assistance by the State to supplement local efforts to
prevent or alleviate loss of life and property damage.
Statewide Mutual Aid – A program to assist cities, counties and eligible towns to more
effectively and efficiently exchange services and resources, especially in response to a
major disaster wherein assistance needs to be provided from one area or region of the
state to another.
Superfund Amendments and Reauthorization Act of 1086 - Established Federal
regulations for the handling of hazardous materials.
Unified Command – An application of the Incident Command System used when there
is more than one agency with incident jurisdiction or when incidents cross political
jurisdictions. Agencies work together through the designated members of the Unified
Command to establish their designated Incident Commanders at a single Incident
Command Post
Victim - A person who has suffered physical, psychological or economic harm as a
direct result of the commission of a felony, assault and battery, stalking in violation,
sexual battery, attempted sexual battery, maiming or driving while intoxicated in
violation (Source §19.2-11.01B).
VDEM – Virginia Department of Emergency Management – The state agency
responsible for coordinating the preparations and actions required to prevent and
minimize the impact of hazards and to respond to and recover from emergencies and
disasters.
Virginia Emergency Response Team (VERT) – The group of designated state
agencies and associated voluntary and private sector organizations responsible for
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX A A - 10
acting on behalf of the governor to assist local governments in responding to and
recovering from emergencies or disasters.
Weapons of Mass Destruction - Any explosive, incendiary, or poison gas, bomb,
grenade, rocket having a propellant charge of more than 4 ounces, or a missile having
an explosive incendiary charge of more than 0.25 ounces, or mine or device similar to
the above; poison gas; weapon involving a disease organism; or weapon that is
designed to release radiation or radioactivity at a level dangerous to human life.
(Source: 18 USC 2332a as referenced in 18 USC 921).
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX B B - 1
Appendix B – List of Acronyms
________________________________________________________________
APHIS Animal and Plant Health Inspection Service
CERT Community Emergency Response Team
CFO Chief Financial Officer
CR Community Relations
DSCO Deputy State Coordinating Officer
DHS Department of Homeland Security
DRC Disaster Recovery Center
DMME Department of Mines, Minerals, and Energy
DRM Disaster Recovery Manager
EAS Emergency Alert System
EOC Emergency Operations Center
ESF Emergency Support Function
EPA Environmental Protection Agency
ERT-A Emergency Response Team – Advance Element
FBI Federal Bureau of Investigation
FCO Federal Coordinating Officer
FEMA Federal Emergency Management Agency
ICS Incident Command System
JIC Joint Information Center
JFO Joint Field Office
PIO Public Information Officer
MACC Multi-agency Command Center
MEF Mission Essential Function
MOA Memorandum of Agreement
MOU Memorandum of Understanding
NAWAS National Warning System
NCR National Capital Region
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX B B - 2
NGO Nongovernmental Organization
NIMS National Incident Management System
NOAA National Oceanic and Atmospheric Administration
NRC Nuclear Regulatory Commission
NRF National Response Framework
NWS National Weather Service
PDA Preliminary Damage Assessment
PIO Public Information Officer
POC Point of Contact
RACES Radio Amateur Civil Emergency Services
SAR Search and Rescue
SCC State Corporation Commission
SOP Standard Operating Procedures
USACE U. S. Army Corps of Engineers
USCG U. S. Coast Guard
USDA U. S. Department of Agriculture
VDEM Virginia Department of Emergency Management
VEOC Virginia Emergency Operations Center
VOAD Voluntary Organizations Active in Disaster
WAWAS Washington Area Warning System
WMD Weapons of Mass Destruction
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX C C -1
Appendix C – Matrix of Responsibilities
_____________________________________________________________________________
EMERGENCY
SUPPORT
FUNCTIONS
P=PRIMARY
S=SECONDARY
DEPARTMENT/
ORGANIZATION
E
S
F
1
T
R
A
N
S
P
O
R
T
A
T
I
O
N
E
S
F
2
C
O
M
M
U
N
I
C
A
T
I
O
N
S
E
S
F
3
P
U
B
L
I
C
W
O
R
K
S E
N
G
I
N
E
E
R
I
N
G
E
S
F
4
F
I
R
E
F
I
G
H
T
I
N
G
E
S
F
5
E
M
E
R
G
E
N
C
Y
S
E
R
V
I
C
E
S
E
S
F
6
M
A
S
S
C
A
R
E
H
O
U
S
I
N
G
&
H
U
M
A
N
R
E
S
O
U
R
C
E
S
E
S
F
7
R
E
S
O
U
R
C
E
S
U
P
P
O
R
T
E
S
F
8
P
U
B
L
I
C
H
E
A
L
T
H
&
M
E
D
I
C
A
L
S
E
R
V
I
C
E
S
E
S
F
9
U
R
B
A
N
S
E
A
R
C
H
&
R
E
S
C
U
E
E
S
F
10
O
I
L
&
H
A
Z
A
R
D
O
U
S
M
A
T
E
R
I
A
L
S
E
S
F
11
A
G
R
I
C
U
L
T
U
R
E
&
N
A
T
U
R
A
L
R
E
S
O
U
R
C
E
S
E
S
F
12
E
N
E
R
G
Y
E
S
F
13
P
U
B
L
I
C
S
A
F
E
T
Y
&
S
E
C
U
R
I
T
Y
E
S
F
14
L
O
N
G
T
E
R
M
R
E
C
O
V
E
R
Y
&
M
I
T
I
G
A
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I
O
N
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S
F
15
E
X
T
E
R
N
A
L
A
F
F
A
I
R
S
Director of Emergency Management/County Administrator P S P P
IOW Emergency Services P S P P S S P P S S S P S
American Red Cross S S S S S S
Amateur Radio (RACES) S
Hospitals S
IOW Budget and Finance S P P
IOW Building Official P S P
IOW County Attorney S S
IOW Disaster Recovery Task Force S S
IOW Economic Development S P
IOW Emergency Communications Center (ECC) P
IOW Information Technology S S S S
IOW Parks and Recreation S P S S
IOW Planning and Zoning S S S P
IOW Public Information Officer P S S P
IOW Public Works//Utility Services S P S S P S S
IOW Sheriff’s Office S S S S S S S S P S P S S
IOW Social Services P S S P S
IOW Superintendent of Schools S S S S S
IOW Volunteer Fire and EMS Departments S S P S S P P P S S
Local media outlets (TV, radio, print) S
Local Police Departments (Towns of Windsor & Smithfield) S S S S S S S P S P S S
Local Utility Providers P
VPI Cooperative Extension Office (Local Office) P
Virginia State Police S S S S S S S S
Virginia Department of Agriculture S S
Virginia Department of
Behavioral Health and Departmental Services S
Virginia Department of Emergency Management (VDEM) S S S S S
Virginia Department of Environmental Quality (VDEQ) S S S
Virginia Department of Forestry S
Virginia Department of Health S S S
Virginia Department of Housing & Community Development S
Virginia Department of Mines, Minerals & Energy S
Virginia Department of Social Services S
Virginia Department of Transportation (VDOT) P S S
Virginia Voluntary Organizations Active in Disaster (VVOAD) S S S
Western Tidewater Community Services Board (WTCSB) S S S
Western Tidewater Health Department S P S P S S
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX C C -2
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ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
BASIC PLAN
Appendix D – Succession of Authority – Emergency
Operations
________________________________________________________________
Continuity of emergency operations is critical to the successful execution of
emergency operations. Therefore, the following lines of succession are specified
in anticipation of any contingency which might result in the unavailability of the
ranking member of the administrative hierarchy. The decision-making authority
for each organization or service function is listed below by position in decreasing
order.
Organization/Service Function Authority in Line of Succession
Emergency Management
Direction
and Control
1. Director of Emergency Management
(CAO)
2. Chief of Emergency Services
3. Emergency Management Coordinator
Emergency Public Information 1. County PIO
2. Sherriff’s Office PIO
3. School Board PIO
IOW Sheriff’s Office 1. Sherriff
2. Major
3. Captain
Town of Smithfield Police 1. Chief
2. Deputy Chief
Town of Windsor Police 1. Chief
2. Lieutenant
Vol. Fire/EMS Departments 1. Chief
2. Deputy/Assistant Chief
IOW County Public Schools 1. Superintendent
2. Assistant Superintendent
3. CFO
4. Director of Facilities and Operations
IOW Department of Emergency
Services
1. Chief of Emergency Services
2. Emergency Management Coordinator
3. Fire/EMS Captain
IOW Department of Public
Works
1. Director of Public Works
2. Buildings Manager
3. Solid Waste Manager
IOW Department of Parks and
Recreation
1. Director of Parks and Recreation
2. Asst. Dir. Of Parks and Recreation
IOW Department of Utility
Services
1. Director of Utility Services
2. Public Utilities Operations Manager
3. Public Utilities Field Supervisor
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX D D- 2
Organization/Service Function Authority in Line of Succession
IOW Department of Inspections 1. Director of Inspections
2. Chief Codes Compliance Officer
3. Plans Examiner
WT Health Department 1. District Health Director
2. Administrator
3. District Nursing Supervisor
VPI-SU Extension Service 1. Unit Coordinator /Extension Agent Ag
2. Extension Agent - 4H
3. Extension Agent - FCS SNAP-ED
4. Administrative Assistant
Social Services 1. Director
2. Assistant Director
3. Social Work Supervisor
4. Eligibility Supervisor
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX E E - 1
Appendix E – Emergency Operations Plan Distribution
List
________________________________________________________________
POSITION/ORGANIZATION
Board Of Supervisor Chairman
County Administrator (Director Of Emergency Management)
Chief Of Emergency Services
Emergency Management Coordinator
Emergency Operations Center
IOW Sheriff
IOW Sheriff’s Emergency Management Liaison
Superintendent Of Schools
Director Isle Of Wight Department Of Social Services
Chiefs Of IOW Volunteer Fire/EMS Departments (7)
Western Tidewater Health Department
County Attorney
Emergency Communications Center
Director Of Public Works
Director Of Building Inspections
Director Of Budget And Finance
Director Of Planning And Zoning
Director Of Parks And Recreation
Director Of Information Technology
Chief Of Animal Control
IOW Public Information Officer
Smithfield Town Manager
Smithfield Chief Of Police
Windsor Town Manager
Windsor Chief Of Police
Western Tidewater Red Cross
Virginia Department Of Emergency Management
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX E E- 2
THIS PAGE LEFT BLANK INTENTIONALLY
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX F F- 1
Appendix F – Continuity of Government
________________________________________________________________
The County of Isle of Wight has grown increasingly aware of how all types of
events can disrupt operations and jeopardize the ability to perform agency
mission essential functions (MEFs), the limited set of department and agency
level government functions that must be continued throughout or resumed rapidly
after a disruption of normal activities. As such, Isle of Wight has adopted an all-
hazards approach to continuity planning to ensure that regardless of the event,
MEFs will continue to operate and/or be provided in some capacity. This
approach includes preparing for natural, man-made, or technological hazards.
The purpose of the Continuity Plan is to provide the framework for Isle of Wight
County to continue or rapidly restore MEFs in the event of an emergency that
affects operations. Isle of Wight’s Continuity Program procedures for addressing
three types of extended disruptions that could occur individually or in any
combination:
• Loss of access to a facility or portion of a facility (as in a building fire);
• Loss of services due to equipment or systems failure (as in telephone,
electrical power, or information technology system failures); and
• Loss of services due to a reduced workforce (as in pandemic influenza,
incidents in which employees are victims or incidents that prohibit employees
from reporting to the workplace).
Additionally, each department within the structure of local government should
establish its own records retention and protection program following the
requirements established by the Code of Virginia Section 42.1-85, as delineated
by the Library of Virginia. Those records deemed essential for continuing
government functions should be identified and procedures should be established
for their protection, such as duplicate copies in a separate location and/or the use
of safe and secure storage facilities. Provisions should be made for the
continued operations of automated data processing systems and records.
The preservation of essential court records for Isle of Wight County is the
responsibility of the Clerk of the Circuit Court. All essential court records are to
be stored in the records vault located in the Office of the Clerk of the Circuit
Court. These records include the following:
Real Estate Records*
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX F F- 2
Criminal Records
Wills
Civil Records
Chancery Records
Marriage Licenses
The evacuation of records in the event of an emergency will be accomplished
only by approval of the Clerk of the Circuit Court.
The loading and transportation of these records is the responsibility of the
Sheriff’s Department.
*A microfilm copy of all real estate records for the locality is stored in the Archives, State Library,
Richmond, Virginia.
ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN – May 2016
APPENDIX G G - 1
Appendix G– Sample Declaration of a Local Emergency
RESOLUTION TO DECLARE
A LOCAL EMERGENCY
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia,
does hereby find as follows:
1. That due to (the occurrence)_____________________, the County of Isle of
Wight has experienced a condition of extreme peril to the lives, safety and
property of the residents of Isle of Wight County;
2. That as a result of this extreme peril, a resolution declaring existence of an
emergency is necessary to permit the full powers of government to deal
effectively with this condition of peril.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that a local emergency exists in the County
of Isle of Wight.
BE IT FURTHER RESOLVED that during the existence of this emergency
the powers, functions, and duties of the Director of Emergency Management and
the Emergency Services organization and functions of the County of Isle of Wight
shall be those prescribed by the laws of the Commonwealth of Virginia and the
ordinances, resolutions, and approved plans of the County of Isle of Wight in order
to mitigate the effects of said emergency.
BE IT FURTHER RESOLVED that this resolution is effective (time)
________ on (date) ________ and shall remain in effect until rescinded by the
Board of Supervisors as provided by law.
Adopted this ___ of _____ 20__.
________________, Chairman
____________________________
__________________, Clerk
Approved as to form:
____________________________
County Attorney
ISSUE:
Motion to Authorize the Chairman to Extend the Employment
Agreement with the Interim County Administrator on a Month-to-Month Basis
BACKGROUND:
At its Special Meeting on January 11, 2016, the Board authorize staff to
secure an employment agreement with Mr. Sandy Wanner to serve as the
Interim County Administrator, effective February 1, 2016. The agreement was for a period of four months with a provision to extend the
agreement on a month-to-month basis thereafter.
The Board of Supervisors has not hired a permanent County Administrator at this time; however, it is continuing to move in a positive
direction toward that goal. In this regard, it would be appropriate for the
Board to extend the employment agreement with the Interim County
Administrator on a month-to-month basis.
RECOMMENDATION: Authorize the Chairman to extend the employment agreement with the
Interim County Administrator on a month-to-month basis.
ATTACHMENTS:
None
May 19, 2016/MCP
ISSUE:
Resolution to Appoint Supervisor Rex W. Alphin to the Hampton
Roads Transportation Accountability Commission (HRTAC)
BACKGROUND:
Section 33.2-2602 of the Code of Virginia (1950, as amended) requires that member localities of HRTAC appoint a currently
elected official, by resolution, as their designated representative.
As such, a formal resolution is required to formally appoint
Supervisor Alphin as the County’s representative to HRTAC.
BUDGETARY IMPACT: None
RECOMMENDATION: Authorize the Chairman to execute the Resolution Appointing Supervisor Alphin to the Hampton Roads Transportation
Accountability Commission (HRTAC).
ATTACHMENTS:
Resolution
RESOLUTION TO APPOINT SUPERVISOR
REX W. ALPHIN TO THE HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION WHEREAS, in April 2014 the Virginia General Assembly adopted
HB1253/SB513 which provided for the creation of the Hampton Roads
Transportation Accountability Commission (HRTAC) in order to manage the
Hampton Roads Transportation Fund (HRTF) revenues for the Hampton Roads region; and,
WHEREAS, HRTAC is comprised, in part, of locally elected officials
from ten (10) cities and four (4) counties; and,
WHEREAS, pursuant to Section 33.2-2602 of the Code of Virginia
(1950, as amended), each locality’s representative is to be appointed by
resolution; and,
WHEREAS, such appointment is to coincide with the elected official’s
term in office for the locality.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia that Supervisor Rex W.
Alphin is hereby appointed to be the Isle of Wight County representative for
HRTAC and such appointment shall expire December 31, 2017.
Adopted on this 19th day of May, 2016.
Rex W. Alphin, Chairman
Carey Mill-Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
1
REGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
THURSDAY, THE TWENTY-FIRST DAY OF APRIL IN THE YEAR
TWO THOUSAND AND SIXTEEN AT 5:00 P.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice-Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Mark C. Popovich, County Attorney
Sanford B. Wanner, Interim County Administrator
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
CALL TO ORDER/CLOSED MEETING
The meeting was called to order by Chairman Alphin at 5:00 p.m.
The following matters were identified by County Attorney Popovich for
discussion in closed meeting under the Freedom of Information Act and the
Board entered the closed meeting on motion of Supervisor McCarty which
passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion: Pursuant to Subsection (A)(1) for
discussion of appointment of specific appointees to County boards,
committee or authorities and pursuant to Subsection (A)(7) for consultation
with legal counsel employed and retained by this public body regarding
specific legal matters regarding the proposed host fee agreement between
SPSA and the City of Suffolk and for a Request for Proposal to allow hunting
on the Blackwater property.
2
Supervisor Jefferson moved that the Board return to open meeting which
passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor McCarty moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were
identified in the motion convening the closed meeting were heard, discussed
or considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
3
//
INVOCATION/PLEDGE OF ALLEGIANCE
At 6:00 p.m., the invocation was delivered by Supervisor Jefferson who led
the Pledge of Allegiance.
APPROVAL OF AGENDA
Supervisor Acree moved that the agenda be adopted with the following
amendments: Under New Business, Supervisor McCarty requested
discussion of an Isle of Wight County Business Affirmation Committee;
under the Consent Agenda, Supervisor Grice requested the removal of Item
(H) for discussion at a later time; and, under Old Business, County Attorney
Popovich requested the addition of an update on the Use & Support
Agreement with SPSA. The motion passed unanimously by a vote of (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
CITIZENS’ COMMENTS
Charlie Broadwater, Western Tidewater Free Clinic, requested approval of
the Clinic’s funding request to provide medical care for 65 of the 284 County
residents served by the Clinic in 2015.
Lisa Arrington, Board of Directors, Smart Beginnings, requested approval of
that organization’s funding request.
Rosalind Cutchins, Board of Directors, Smart Beginnings and Executive
Director, Children’s Center, requested approval of those organization’s
funding requests.
Albert Burckard, Newport District, recommended that the Virginia Fire
Services Board report not be accepted by the Board.
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Richard Gillerlain, Newport District, notified the Board that he recently had
received correspondence from a citizen regarding a build plan and that staff
had advised a petitioner of the removal of certain names from a petition
because the signers were not sufficiently impacted. He recommended staff
provide written responses to all citizen inquiries.
Pinky Hipp, Hardy District, requested the Boykins Tavern sign which has
been in storage be returned to its original location and that the Boykins
Tavern Advisory Committee be re-established to ensure the historic
preservation of the Tavern.
Mr. Wanner was requested by Chairman Alphin to look into Ms. Hipp’s
request.
CONSENT AGENDA
On motion of Supervisor Grice, which passed unanimously by a vote of (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion, the
following Consent Agenda was adopted as amended with the removal of Item
(H), Resolution to Authorize Use of Remaining Funds from Fort Boykin
Insurance Payout for Other County Parks and Recreation Projects, for
discussion at a later time:
A. Resolution - Accept and Appropriate Grant Funds from the Virginia
Department of Environmental Quality (DEQ) for Septic Tank Pump
Out Assistance ($3,000)
B. Resolution - Recognize April 2016 as National County
Government Month
C. Resolution - Designate May 2-6, 2016 as National Public Service
Recognition Week
D. Resolution - Accept and Appropriate Insurance Proceeds from VaCorp
Risk Management for Repairs to a County Vehicle ($2,052)
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E. Resolution - Accept and Appropriate Stormwater Local Assistance
Fund (SLAF) Grant ($206,855)
F. Resolution - Designate May 2016 as Business Appreciation Month in
Isle of Wight County
G. Resolution - Designate May 2016 as Building Safety Month in Isle of
Wight County
H. Planning Commission Resolution of Appreciation for Lars S. Gordon
I. March 7, 2016 Work Session Minutes
J. March 15, 2016 Joint Budget Work Session with School Board
Minutes
K. March 17, 2016 Regular Meeting Minutes
REGIONAL & INTER-GOVERNMENTAL REPORTS
Supervisor Grice reported on topics discussed at the Western Tidewater
Water Authority’s most recent meeting involving budget matters, projected
water rates, the debt service and a request to the Authority for a short stay in
the County’s portable water distribution allocation.
Supervisor Grice reported on matters discussed at a Smithfield
Intergovernmental Relations Committee related to a draft water and sewer
agreement for the Gatling Pointe area, new legislation and development of a
program to be shared by both parties and a boundary line adjustment.
Supervisor Jefferson added that the third phase of the Pinewood Heights
project was also discussed.
Supervisor McCarty reported on discussions at the most recent meeting of the
Hampton Roads Military Federal Facilities Alliance related to Federal
funding, no downsizing in Federal facilities, the 100 year anniversary of
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Langley Air Force Base and next year’s 100th anniversary of NASA Langley
and Norfolk Naval Station. He noted that provisions are in place for military
retirees to receive assistance with gaining employment in the region so that
they do not have to relocate.
Supervisor McCarty advised that he had also attended meetings of the Joint
Tourism and Social Services Board and that the Public Works Committee
had also convened to discuss hours of operation for the County’s
convenience centers.
Interim County Administrator Wanner reported that the Hampton Roads
Planning District Commission had discussed development of a
comprehensive strategy for economic development and a recommendation to
reduce the size of the HRPDC membership to 17 members and the need to
solicit support of the strategic plan on regional priorities of transportation,
job creation and education.
Interim County Administrator Wanner reported the Hampton Roads
Transportation Accountability Commission had conducted an evaluation of
its new Executive Director who has performed well during this past year.
APPOINTMENTS
A. Blackwater Regional Library Board: Supervisor McCarty moved that
John Yow be reappointed to represent the Newport District which
passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
B. Board of Zoning Appeals: Supervisor Jefferson moved that Bobby
Bowser be recommended to the Circuit Court Judge for reappointment
representing the Hardy District which passed unanimously by a vote of
(5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the
motion.
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C. Commission on Aging: Supervisor Grice moved that Debra Frank be
appointed to represent the Smithfield District which passed
unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
SPECIAL PRESENTATIONS/APPEARANCES
A. Resolution to Congratulate Carrollton Volunteer Fire Department on
the Occasion of its 50th Anniversary
Following presentation of a formal resolution to members of the Carrollton
Volunteer Fire Department, Supervisor McCarty moved that the following
Resolution be adopted:
RESOLUTION TO CONGRATULATE
CARROLLTON VOLUNTEER FIRE DEPARTMENT ON THE
OCCASION OF ITS 50TH ANNIVERSARY
WHEREAS, the Carrollton Volunteer Fire Department (VFD) was chartered
in January 1966 to serve citizens in Isle of Wight County; and,
WHEREAS, the members of Carrollton VFD funded and constructed the
Department’s original building in 1967; and,
WHEREAS, in 1994, the Carrollton VFD distinguished itself as the pioneer
agency providing fire supported EMS in the County by obtaining a Basic
Life Support Non-Transport EMS License. It has since become an Advanced
Life Support Transport EMS Licensed agency; and,
WHEREAS, throughout its 50 year history, Carrollton VFD has remained
committed to preserving lives and property through the provision of high
quality fire and rescue services.
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
the County of Isle of Wight, Virginia congratulates Carrollton Volunteer Fire
Department on the occasion of its 50th Anniversary.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
B. Virginia Fire Services Board Report
A report of findings and recommendations regarding fire and EMS services
in the County was provided by William B. Kyger, Jr., Virginia Fire Services
Board, in addition to the identification of key areas of success and those areas
which could use improvement.
Supervisor McCarty moved that the Virginia Fire Services Board report be
accepted. The motion was adopted by a vote of (5-0) with Supervisors
Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
PUBLIC HEARINGS
A. Isle of Wight County Proposed FY2016-17 Operating and Capital
Budget
Interim County Administrator Wanner provided a preview of resolutions and
ordinances associated with the adoption of the proposed budget.
Chairman Alphin opened the public hearing and called for comments from
citizens in favor or in opposition to the proposed budget.
Major James Clark, Isle of Wight County Sheriff’s Office, requested funding
for five additional Deputy Sheriff’s positions.
Sylvester Askins, Endependence Center, requested that organization’s
funding request be approved.
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Jenny Bailey, Director, Blackwater Regional Library, recognized the
County’s previous support and requested that the Library’s request for
funding be approved.
William Johnson, Windsor District, spoke against an increase in the tax rate.
Christy Chattem, Smithfield District, spoke in favor of the School Board’s
request for funding.
Ken Wagger, Smithfield District, spoke against an increase in the tax rate and
in favor of the County’s proposed budget being reduced by 10%. He
recommended the Norfolk water agreement be terminated or renegotiated to
half its existing cost. He noted his opposition to the County incurring any
additional debt and spoke in favor of decreased existing debt. He asked that
the County’s current tax rate be adjusted to the 2011 rate.
Michelle Joyce, Windsor District, stressed the benefit of a strong school
system and clarified that $350,000 of the $750,000 increase in the School
Board’s budget is to be earmarked for the Davis Bacon payments.
Shelly Spears, Smithfield District, spoke in support of the proposed School
budget.
Sam Cratch, Windsor District, spoke in support of the five additional Deputy
Sheriff’s positions being requested by the Sheriff’s Department.
Leah Dempsey, Newport District, spoke in support of the School Board’s
request for funding.
Tanya Hundley of Gatling Pointe spoke in support of the School Board’s
request for funding.
Rex Williams spoke in support of the School Board’s request for funding.
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Dr. Jim Thornton, School Superintendent, spoke in support of the School’s
request for funding.
Dr. Garrett Edwards addressed the Nike Park Bike Trail project and noted
because it would only benefit that end of the County, it would be poor
investment. He suggested that the bike path be built at Smithfield High
School and expressed his concern that the County had used imminent domain
to take property from his family who has owned their farm for over a century.
He stated the only way he could support such a bike path along Nike Park
Road is to protect it from long-term overdevelopment and he requested that
the Board fully consider all aspects before proceeding.
Shelly Perry, Hardy District, spoke against any tax rate increase.
Brian Carroll, Carrsville District, spoke in support of funding for the public
safety radio system.
Herb DeGroft, Hardy District, spoke in support of funding for the public
safety radio system and requested that Sheriff Marshall be directed to utilize
the $340,000 in his existing budget to reinstate School Resource Officers
effective July 1, 2016.
Mike Lars, Hardy District, spoke against an increase in the tax rate.
Cynthia McGuire of Trump Town Road spoke in favor of additional
resources for the Carrollton area due to the increased growth and traffic.
C. B. Nurney of Monette Lane commented on the need for an improved
public safety communications system.
The public hearing was closed by the Chairman and the public was
encouraged to provide feedback on the proposed County budget on a survey
at williammccarty.com. It was noted that Under the Code of Virginia no
action can be taken on the budget for seven days following the public hearing
and that the Board had, at its March 17, 2016 regular meeting, taken action to
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set a special meeting on Tuesday, May 10, 2016 at 7:00 p.m. for adoption of
the FY2016-17 Operating and Capital Budget.
B. Application of Accelerated Properties, LLC to change Zoning
Classification from Conditional - Limited Industrial (LI), Conditional -
General Commercial (GC) and Rural Agricultural Conservation (RAC)
to Conditional General Commercial (C-GC) and Amend the Permitted
Uses on the Property
Richard Rudnicki, Assistant Director of Planning & Zoning, provided an
overview of the application.
Chairman Alphin opened the public hearing and called for comments from
citizens in favor or in opposition to the proposed application.
Attorney Grady Palmer of Norfolk briefed the Board on the application’s
history and purpose of being able to expand the parcel’s business
opportunities.
H. Woodrow Crook, Jr., commented on the farmland’s beauty surrounded by
the James and Pagan Rivers and Tormentor’s Lake and stated very little
development has occurred since the 1950’s when the house and office
building was originally built. He advised that the County did not adopt its
Zoning Ordinance and Comprehensive Plan until 1970 and because this
property was a non-conforming use, in order to expand, additional zoning
was granted for an additional office building for Smithfield Foods and later
the County, as well as a tower. He stated the concern of the landowners on
each side is that they do not wish to see anything more built than an office
building at this location. He noted all kinds of commercial uses could be
granted for this property to take advantage of the environment’s beauty and it
is the desire of the residents living there to maintain that area’s quiet and
peaceful atmosphere.
Alan Monette of Monette Lane voiced his opposition to the proposed use of a
community center, its times of operation, the lack of a business plan and a
change in the environment at that location.
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Lynn Faulkner of Days Point Road advised that a petition containing the
names of 250 residents who would be impacted by this application has been
circulated. She further advised the existing homes on either side of Monette
Parkway are concerned about the right business being in the right location.
C. B. Nurney, Monette Lane, spoke in opposition to the increased traffic and
late night hours of operation associated with the entertainment aspect of the
proposed use that would adversely impact the existing six residences.
Charles Phelps, Eagle Nest Lane, spoke against the proposed application
citing concerns with noise, increased traffic on the existing narrow roadway,
potential damage to the existing dam and distance from the closest fire and
police departments. He requested that the Board take into consideration the
general welfare of the existing residents and deny the application.
Gene Lowery of Tormentor’s Lane commented that the intended use of the
property should be clearly identified so that the Board knows what it is
voting on.
Linda Jacob of Day’s Point Road spoke against the proposed application
because of the lack of a detailed business plan.
Gene Slogent of Monette Lane cited concerns with increased traffic, impact
on area wildlife and the need for a better business plan in keeping with the
existing zoning.
Richard Gillerlain, Newport District, spoke against the application citing
non-compliance with the Comprehensive Plan, safety and environmental
reasons. He recommended that the application be returned to the Planning
Commission for submittal of a specific business plan.
Pinky Hipp, Hardy District, spoke against the application due to increased
traffic on the existing narrow roadway and the negative impact on
surrounding horse farms, children and animals. She noted that the proposed
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use is not in keeping with the existing residential neighborhood and this
location is not the right location for anything to take place after dark.
Randolph Barlow, Smithfield District, commented that approval of the
rezoning may set a future precedent. He noted that the property currently
does not conform to today’s zoning as the existing buildings were built prior
to the creation of the County’s Zoning Ordinance. He cited safety concerns
because of the narrowness of the existing roadway.
Mike Myers, Morgarts Beach Road, urged the Board to deny the application
which, as proposed, is the wrong use in the wrong area.
Dave Hare, Carrollton, expressed support for the application stating the
applicant has been fair and tried to compromise and new businesses are
needed in the County to keep the tax rate low.
Jeffrey McFather, Days Point Road, spoke in opposition stating this land is
not conducive to business or the existing residential community. He stated
approval of the application would set a future precedent.
Richard Gromlick of Blount’s Corner Road spoke against the application
because a use for the property has not yet been identified.
Brian Owens, Days Point Road, spoke in opposition to the proposed uses of
the property citing the narrowness of the existing roadway and the potential
for alcohol and drugs.
John Basil of Days Point Road made reference to an email from Lynn
Faulkner who advised that she had received a threat warning of the uses that
could be approved for that property if this application is not approved. He
agreed with the other cited reasons for denial of the application.
Jan Baker, Days Point Road, asked those who were not in favor of the
application to stand, of which there were approximately 30 individuals.
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Elaine Shell, Days Point Road, cited the narrowness and curves in the
existing road has have resulted in a death and several injuries. She spoke in
favor of the existing quiet, safe and rural atmosphere.
Richard Myers, Morgarts Beach Road, spoke against the application citing
delayed response time for law and safety personnel.
Eric Peterson, Days Point Road, spoke against the application commenting
that those who would be most impacted have spoken that they do not want
this in their neighborhood.
Bill Faulkner, Days Point Road, spoke in opposition noting that the study
conducted by VDOT involved only the number of cars traveling on this
roadway and did not study the roadway’s winding narrowness, wildlife
population or lack of visibility.
Rosalee Barlow, Poplar Point Lane, cited her opposition because of the
existing roadway which is heavily traveled and narrow. She reported on
accidents which have occurred at the curve and the abundance of wildlife.
She also noted that farm equipment travels along that roadway.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Jefferson noted that the newest homes were built after the initial
business and that fundraiser events have been held on that property without a
problem occurring on the roadway. He stated the only time the roadway
becomes an issue is when someone is proposing something new and both the
existing landowners and applicants have rights as well. He stated wildlife is
everywhere, not just on Days Point Road and the County needs to be
business friendly as other businesses will be looking at how the Board votes
tonight on this issue.
Supervisor Acree moved that the application be denied. The motion was
adopted by a vote of (4-1) with Supervisors Acree, Alphin, Grice and
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McCarty voting in favor of the motion and Supervisor Jefferson voting
against the motion.
C. Application of Robert and Sandra Faison for Exceptions to the
Chesapeake Bay Preservation Area Ordinance to Allow Encroachment
into the 100-foot-wide-area Resource Protection Area Buffer to Build a
Single-Family Home on Lot 25 on Shivers Mill Lane in Carrollton, in
the Newport Election District, and to Allow for a Reduction in the
Amount of Required Landscaping Mitigation
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed application.
Kim Hummel, Environmental Planner, provided an overview of the proposed
application.
Jerry Corgan, applicant, requested the Board’s approval and advised that the
footprint of the home was reduced by 400 square feet and have complied
with all requests for mitigation.
Supervisor McCarty moved that the exception and reduced landscaping
mitigation be approved with conditions that the 14x16 deck be allowed and
that plant sizes for the landscaping mitigation follow the recommendations of
the Riparian Buffers Modification and Mitigation Guidance Manual, as
approved by the Planning Commission. The motion was adopted by a vote of
(5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
D. Application of Todd and Sally Bristol for a Conditional Use Permit on
3.334 Acres of Land Located at 101 Deer Run Drive in the Windsor
Election District to Allow for an Accessory Apartment
Trenton Blowe, Planner, provided an overview of the application.
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed application.
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No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Acree moved that the Conditional Use Permit application be
approved as recommended by the Planning Commission and staff. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
E. Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Appendix B, Zoning: Article III, Use Types;
Section 3-7000, Industrial Use Types, in Order to Add a Definition for
“Towing Service Storage Yard”
County Attorney Popovich advised the proposed amendment was intended to
be included in the ordinance when it was last amended, but was not included.
Chairman Alphin opened the public hearing and called for those to speak in
favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor McCarty moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING APPENDIX B.
ZONING. ARTICLE III. USE TYPES. SECTION 3-7000. INDUSTRIAL
USE TYPES.
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WHEREAS, on September 18, 2014, the Board of Supervisors adopted
certain revisions to Appendix B. Zoning; and
WHEREAS, the definition of a “towing service storage yard” was
inadvertently left out of the revised ordinance; and
WHEREAS, the Board of Supervisors now deems it proper and necessary to
correct this technical error in order to give meaning to the defined term;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article III, Use Types,
Section 3-7000, Industrial use types be amended and reenacted as follows:
Sec. 3-7000. - Industrial use types.
Abattoir or livestock processing.\ The use of land for the slaughter of
livestock, including cattle, sheep, swine, goats and poultry, as a service, and
from which there is sold no meat or other product of such slaughter other
than materials generally considered inedible for humans and which are
generated as waste and/or by-products of such slaughter, including, but not
limited to, blood, bones, viscera, hides, etc., which may be sold for purposes
of removal from site.
Asphalt plant.\ An establishment engaged in manufacturing or mixing of
paving materials derived from asphaltic mixtures of tar.
Brewery, distillery, cidery.\ An establishment for the production and
packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for
distribution, retail or wholesale, on-premises or off-premises, and which
meets all Virginia Alcoholic Beverage Control laws and regulations. The
facility may include other accessory uses such as retail sales, tasting rooms,
restaurants, etc., as permitted in the district and as long as the accessory uses
do not exceed the primary use in floor area or value.
Construction yard.\ Establishments housing facilities of businesses primarily
engaged in construction activities, including the outside storage of materials
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and equipment used for the business operations. Typical uses may include
site work companies to include excavating and grading activities, roadway
construction and utility infrastructure companies, and other heavy
construction companies.
Convenience center.\ A government-operated facility used for the collection
of trash, garbage, and rubbish, including receptacles for the collection and
storage of recyclable materials.
Custom manufacturing.\ Establishments primarily engaged in the on-site
production of goods by hand manufacturing, within enclosed structures,
involving the use of hand tools, and the use of mechanical equipment
commonly associated with residential or commercial uses or a single kiln.
Typical uses would include pottery, cabinet or woodwork shops.
Industry, Type I.\ Enterprises engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and
products, from processed or previously manufactured materials. Included
would be assembly of electrical appliances, bottling and printing plants, and
the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and
other chemicals, production of items made of stone, metal or concrete.
Industry, Type II.\ Enterprises in which goods are generally mass produced
from raw materials on a large scale through use of an assembly line or similar
process, usually for sale to wholesalers or other industrial or manufacturing
uses. Included in this use type are industries involved in processing and/or
refining raw material such as chemicals, rubber, wood or wood pulp, forging,
casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous
metals, and the production of large durable goods such as automobiles,
manufactured homes, or other motor vehicles.
Industry, Type III.\ An establishment which has the potential to be dangerous
or extremely obnoxious. Included are those in which explosives are stored,
petroleum is refined, natural and liquid and other petroleum derivatives are
stored and/or distributed in bulk, radioactive materials are compounded,
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pesticides, fertilizers and certain acids are manufactured, and hazardous
waste is treated or stored as the establishment's principal activity.
Landfill, industrial.\ The use of land for the legal disposal of specific
industrial waste which is a by-product of a manufacturing or production
process.
Landfill, rubble.\ The use of land for the legal disposal of construction and
demolition wastes consisting of lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, metals and plastic associated with
construction and wastes from land-clearing operations consisting of stumps,
wood, brush, and leaves.
Landfill, sanitary.\ The use of land for the legal disposal of municipal solid
waste derived from households, business and institutional establishments,
including garbage, trash, and rubbish, and from industrial establishments,
other than hazardous wastes as described by the Virginia Hazardous Waste
Regulations.
Meatpacking.\ The processing of meat products and by-products directly
from animals or offal from dead animals.
Recycling center.\ A privately operated facility for the collection and storage
of recyclable materials designed and labeled separately for citizens to
voluntarily take source materials for recycling.
Resource extraction.\ A use involving on-site extraction of surface or
subsurface mineral products or natural resources. Typical uses are quarries,
borrow pits, sand and gravel operation, mining, and soil mining. Specifically
excluded from this use type shall be grading and removal of dirt associated
with an approved site plan or subdivision, or excavations associated with,
and for the improvement of, a bona fide agricultural use.
Scrap and salvage service.\ Any lot or place engaged in the storage, sale,
dismantling or other processing or uses of waste materials which are not
intended for reuse in their original forms. Typical uses include paper and
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metal salvage yards, automotive wrecking yards, junkyards, used tire storage
yards, or retail and/or wholesale sales of used automobile parts and supplies.
(See also the definitions of automobile wrecking yard and junkyard in section
2-1002.)
Shipping container.\ Primarily a metal container used to pack, ship and store
goods. On land they are kept in shipping or storage yards.
Towing service storage yard.\ An outdoor area or yard used by a tow service
for the storage of inoperable, junk, or wrecked motor vehicles, with or
without consent of the owner.
Transfer station.\ Any storage or collection facility which is operated as a
relay point for municipal solid waste which ultimately is transferred to a
landfill.
Warehousing and distribution.\ Uses including storage, warehousing and
dispatching of good s within enclosed structures, or outdoors. Typical uses
include wholesale distributors, storage warehouses, truck terminals and
moving/storage firms. (7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-18-12; 6-
19-14; 9-18-14.)
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
F. Resolution to Amend the Comprehensive Plan of Isle of Wight County,
Virginia through Changes to the Text and Maps in Chapter 4, “Growth
Management and Land Use” in Order to Include the Resource
Conservation Land Use in all Appropriate Locations in the
Comprehensive Plan
Chairman Alphin opened the public hearing on the following and called for
persons to speak in favor of or in opposition to the proposed amendment.
Mr. Rudnicki provided a brief overview of the amendment.
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Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Jefferson moved that the following Resolution be adopted as
presented and recommended by the Planning Commission and staff:
RESOLUTION APPROVING AN AMENDMENT TO THE ISLE OF
WIGHT COUNTY COMPREHENSIVE PLAN, CHAPTER 4 GROWTH
MANAGEMENT AND LAND USE
WHEREAS, certain discrepancies in the mapping for the resource
conservation land use have been discovered by County staff; and,
WHEREAS, on March 22, 2016 the Planning Commission, in accordance
with Section 15.2-2229 of the Code of Virginia (1950, as amended), by
resolution, recommended the approval of mapping amendments to the
Comprehensive Plan to rectify such discrepancies; and,
WHEREAS, the Isle of Wight County Board of Supervisors, upon
recommendation of the Planning Commission, finds it advisable to amend
Chapter Four of the Isle of Wight County Comprehensive Plan to include
amended text and maps on land use in Isle of Wight County; and,
WHEREAS, the Board of Supervisors has given notice and held a public
hearing on said amendment to the Comprehensive Plan on April 21, 2016, as
required by Section 15.2-2204 of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia, that Chapter 4 of the Isle of Wight County
Comprehensive Plan is hereby amended as more specifically set forth in
Exhibit A which is attached hereto and incorporated by reference.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
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G. Ordinance to Amend and Reenact the Following Sections of the Isle of
Wight County Code by Amending and Reenacting Appendix B,
Zoning: Article VIII, Landscaping and Screening Standards in Order to
Make Revisions for Clarity of Language, Flexibility of Application,
and Enhanced Tree Preservation
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed amendment.
Mr. Rudnicki provided a brief overview of the proposed amendment.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor McCarty moved that the following ordinance revisions be adopted
as recommended by the Planning Commission and staff:
An Ordinance to Amend and Reenact the Isle of Wight County Code,
Appendix B, Zoning, Article VIII, Landscaping and Screening Standards in
order to amend language for clarity, provide flexibility in application, and
enhance tree preservation
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 B, Zoning, Article VIII, Landscaping
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and Screening Standards, of the Isle of Wight County Code be amended and
reenacted as follows:
Article VIII. – Landscaping and Screening Standards.
Sec. 8-1001. - Purpose.
The purpose of this section is to establish minimum design standards and
specifications for any site landscaping as may be required by this ordinance
and as recommended by the comprehensive plan. These standards and
specifications are to promote the appearance, character, and economic value
of the built environment; to preserve and enhance the visual aesthetic in rural
areas; to reduce and soften the visibility of paved areas and structures from
adjacent properties and public rights-of-way; to moderate climatic effects and
improve energy efficiency; and to minimize noise and glare. Where extensive
natural tree cover and vegetation does not exist, environmentally sensitive
landscaping shall be provided to enhance the appearance of the development,
aid in erosion control and stormwater management, provide protection from
wind and sun, screen streets and parking areas, and enhance the privacy of
dwelling units.
Sec. 8-1002. - Landscape plan.
A. Landscape plan required.
1. A landscape plan shall be prepared for any development project
required to provide landscaping or any similar site treatment by this
ordinance. Such landscaping plans shall be in accordance with the purpose
stated in section 8-1001 and integrated into the overall site or development
plan for which approval is being sought pursuant to this ordinance.
2. No new parking areas shall hereafter be constructed or used unless
landscaping is provided as required by the provisions of this article.
B. Contents of landscape plan. ..... A landscape plan shall be submitted to
the zoning administrator for review and shall include clearly labeled plans,
drawings, photographs and/or narratives depicting or presenting the
following, unless deemed unnecessary by the zoning administrator such as in
the case of a simplified site plan:
1. Landscape plans shall be prepared and/or certified by a site design
professional licensed by the Commonwealth of Virginia.
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2. Location and identification by size and name, of all trees eight inches
(8”) in diameter or greater or any tree of mature, heritage, or significance as
defined in section 2-1002, on the site. In wooded areas, the delineation of the
existing vegetation on the site prior to land disturbing activities associated
with the development and the proposed limits of clearing of such areas may
be shown in lieu of indicating individual trees. However, any eight inch (8”)
diameter, mature, heritage, or significant tree within wooded areas to be
cleared shall be individually located and identified by size and name, and
justification provided as to need for removal.
3. Location, dimensions and area of all required landscaping zones and
elements.
4. Location of areas proposed to be fenced, walled, or otherwise screened
through the use of architectural, or earthen forms, or any other landscaping
methods including notes and details to describe fully the methods,
dimensions, and materials proposed.
5. Location, height, width or caliper (whichever is more appropriate at
planting time), type and name (common and botanical), of all landscaping
materials including materials to be retained on-site and seasonal replacements
proposed for installation. All new materials shall be presented in a "planting
schedule" providing the aforementioned information and proposed quantities
to be installed, along with the landscaping points values associated with each
installation, as specified in section 8-1004.
6. Appropriate details and notes indicating the methods to be utilized to
protect trees and plant materials remaining on site from damage, both during
and after development of the site.
7. Notations stating the responsible party for the perpetual maintenance of
all landscaping features to be preserved or installed on the site in accordance
with the requirements of this article.
8. A schedule or table of the calculation of the landscaping points and
landscaping credits for each landscaping zone, and the landscaping plan in
total, based on the values set by this article.
9. A certified canopy coverage plan illustrating the projected parking area
canopy coverage and including calculation of the canopy coverage
percentage.
Sec. 8-1003. - Landscaping and screening requirements and design
guidelines.
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A. Overall site design. ..... The following overall site layout and design
standards shall apply to all landscaping plans:
1. Landscaping design and planning are to be integrated within the overall
site design.
2. Natural appearing landscape forms are strongly encouraged. Straight
rows of plantings are discouraged and trees, shrubs, flower beds, and other
material types shall be interspersed with one another.
3. Landscape materials and designs are to be appropriate for the specific
characteristics of the site.
4. Native plants, as identified by the Virginia Department of Conservation
and Recreation (DCR), and materials indigenous to the region are desirable
and are encouraged, particularly because of their adaptation to local climate,
disease resistance, soils, hydrology, and adverse weather conditions.
5. Invasive species, as identified by the Virginia Department of
Conservation and Recreation (DCR), shall be prohibited.
6. Landscape plantings located within the sight triangle of roadway or
driveway intersection hall conform to Virginia Department of Transportation
(VDOT) guidelines for height.
7. Landscaped areas shall require protection from vehicular encroachment
by such means as, but not limited to, wheel stops, concrete or bituminous
curbs, or decorative walls or fencing.
8. No more than fifty percent (50%) of the required trees or shrubs in a
single landscaping zone shall be of a single species. This subsection shall not
apply to existing trees preserved on the site or to single-family residential lots
which are regulated by subsection 8-1005.F.
9. Existing and viable trees and areas of significant vegetation are to be
preserved and protected, in accordance with section 8-1009. Existing shrubs
and trees which are suitable for use in required landscaping zones shall be
preserved and used to the maximum extent practicable. In no case shall any
viable, mature, heritage, or significant tree eight (8) inches or more in
diameter measured at breast height (four and one-half (4½)) feet from ground
level) be removed from any landscaping zone except to accommodate
necessary entrances, utility easements, or where such preservation would
create or perpetuate demonstrable hazards to public health, safety, or welfare,
subject to the approval of such removal by the zoning administrator.
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10. Areas in which trees are preserved shall remain at original grade level
and undisturbed wherever possible. Trees and vegetation which are to be
preserved shall be clearly marked in the field.
11. Decorative walls, fences, berms and/or other earthforms may be
integrated into any landscaping program subject to setback and sight triangle
requirements, and the materials and construction standards in section 8-1009.
12. Where sidewalks, or other pedestrian, bike, and/or equestrian trails are
proposed in the landscaped area, such paths shall be meandering, if
necessary, in order to preserve the existing trees.
13. To the greatest extent possible, stormwater management structures and
facilities shall be placed outside of the landscaping zones identified in this
article. When placement of stormwater management structures and facilities
in a landscaping zone is demonstrated as unavoidable by the applicant, and is
not prohibited elsewhere in this ordinance, such structure or facility shall be
landscaped in a naturalized pattern utilizing native species and the
landscaping point required for the area encompassed by the stormwater
management structure or facility shall be disbursed throughout the remaining
area of the landscaping zone. The zoning administrator may allow points to
be distributed to areas immediately adjacent to the landscaping zone affected
in order to allow for a more naturalized appearance and prevent overplanting
within the remaining landscaping zone area.
B. Landscaping points. ..... All plants, fences, walls, berms, or other
landscaping elements in a development plan are assigned a landscaping
points value in table 8-1004. Each applicable landscaping zone, as defined in
section 8-1005, on a development plan has a required landscaping points
value and required design guidelines which must be met by the landscaping
plan.
1. All landscaping plans are required to have at least twenty five percent
(25%) of the total landscaping points for the site as evergreen species.
2. In addition to the points required for each landscaping zone, all
multifamily, civic, commercial, industrial, and miscellaneous uses are
required to achieve a minimum fifteen percent (15%) landscape surface ratio
(LSR) for the total project site.
a. Plantings within the frontage zone, buffer zone, parking zone,
foundation zone, and screening zone may be included as landscape area in the
LSR calculation.
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b. Undisturbed, delineated wetlands and riparian buffers may be included
as landscape area in the LSR calculation.
Sec. 8-1004. - Landscaping points values table.
Landscape Elements* — Points** Point Value
Preserve existing tree (see Sect. 8-1008) 90
Large deciduous tree: 3" + cal. or 12' + height 30
Medium deciduous tree: 2—3" cal. or 10—12' height 20
Small deciduous tree: 1—2" cal. or 8—10' height 10
Ornamental tree greater than 8' height 12
Ornamental tree less than 8' height 7
Large evergreen tree: greater than 10' height 30
Medium evergreen tree: 7—10' height 20
Small evergreen tree: Less than 7' height, min. 4' height 10
Large deciduous shrub: 5-gal. or 36" min. height 3
Medium deciduous shrub: 3-gal. or 24" min. height 2
Small deciduous shrub: 2-gal. or 18" min. height 1
Large evergreen shrub: 5-gal. or 36" min. height 3
Medium evergreen shrub: 3-gal. or 24" min. height 2
Small evergreen shrub: 2-gal. or 18" min. height 1
Groundcover plants: 1 gal. .5
Pint .25
Wall, fence, berming (height at centerline): Less than 3' 1.5 pts/10 l.f.
Over 3' 2.5 pts/10 l.f.
* All ornamental grasses will count based on the size of the root ball or
container.
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** In the case of a conflict between the root ball or container size and the
plant height, points value will be determined by the root ball or container
size.
Sec. 8-1005. - Landscaping zones.
A. The landscaping zones which may apply to any lot or parcel being
developed are the frontage zone, buffer zone, parking zone, foundation zone,
and screening zone, except that in the case of single-family residential lot
development, the whole site is treated as a single zone and regulated by
subsection 8-1005.D.
B. In the case of overlapping zones, the following hierarchy of application
shall apply:
1. Frontage zone;
2. Buffer zone;
3. Parking zone;
4. Foundation zone;
5. Screening zone.
C. In the event that any two (2) zones sit immediately adjacent to each
other the adjacent sections may be reduced by fifty percent (50%).
D. Single-family residential.
1. Single-family residential lots shall be treated as a single zone meeting
the requirements of this section and shall not be required to meet the
individual frontage, buffer, parking, foundation, and screening zone
regulations unless specifically required by an adopted master plan.
2. Single-family residential lots shall install, at a minimum, the
landscaping points as required by section 8-1006.
3. Required landscaping points shall be installed before issuance of a
certificate of occupancy.
E. Village Centers.
1. Properties located within a designated village center shall only be
required to apply the frontage zone, parking zone, and screening zone,
when development or redevelopment occurs.
2. The frontage zone shall be reduced by thirty (30) percent within the
Village Center.
F. Zone requirements.
1. Frontage zone ..... The frontage zone is a landscaping area located along
the entire frontage of the parcel with a width equal to the width of the
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required front setback or visual buffer for the parcel, as defined by the zoning
district or appropriate overlay district.
a. There are two (2) frontage zone classifications.
i. Rural frontage zone applies to all properties which are outside of the
designated development service districts and village centers of the county
comprehensive plan.
A. In the rural frontage zone, properties can, regardless of the required
setback, provide one of the following:
1. Return the zone to native vegetation and leave the zone untouched.
Native vegetation shall be defined as a minimum of one and one-quarter
(1.25) points of landscaping per linear foot of lot frontage using species
native to southeastern Virginia.
2. If the existing vegetation within the zone is deemed adequate to meet
the required landscaping points, as determined by the zoning administrator or
his designee, the existing vegetation may be maintained, leaving the zone
area untouched.
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B. In the rural frontage zone, sixty percent (60%) of landscaping points are
required to be non-ornamental species of trees. No more than fifty percent
(50%) of trees may be evergreen species. Native species are required.
ii. Development frontage zone applies to all properties which are within
the designated development service districts of the county comprehensive
plan.
A. In the development frontage zone, properties are required to install a
minimum of one and one-quarter (1.25) points of landscaping per linear foot
of lot frontage.
B. In the development frontage zone a uniform aesthetic is desired across
all developments. If a nearby property has already developed the new
development shall use the same plant materials, to the extent possible, to
create a uniform look.
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2. Buffer zone. ..... The buffer zone is a continuous landscaping screen, ten
(10) feet wide, required along all side and rear yards. Required landscaping
points are based on the parcel use type, as identified in article III of this
ordinance, as detailed below.
a. Existing vegetation may be maintained in lieu of creating a buffer zone
as defined by this section, if deemed adequate to meet the required
landscaping points by the Zoning Administrator or his designee, to serve the
screening purpose.
b. One (1) pedestrian break of at least six (6) feet in width is required for
every fifty (50) linear feet in the buffer zone, except that breaks which are
used for placement of a surfaced walkway, pathway, or trail are required to
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be the width of the trail plus an additional two (2) feet on either side of the
walkway, pathway, or trail.
c. Installation of all required points must be disbursed in a generally even
pattern throughout the buffer zone area, except in cases of concentrated
nuisance, such as light or noise, which require heavier screening in a
particular location.
d. For development on property zoned Rural Agricultural Conservation
(RAC) the Buffer Zone may be reduced by fifty percent (50%) if the
development is not immediately adjacent to an existing residential structure
or if deemed appropriate by the Zoning Administrator or his designee.
e. Required buffer zone by use type.
i. Agricultural use types.
A. Agricultural use types are not required to install buffer zone
landscaping.
ii. Residential use types.
A. Residential use types are not required to install buffer zone landscaping,
unless otherwise specified in this ordinance. Single-family residential uses
are required to install parcel or lot landscaping in accordance with subsection
8-1005.F.
iii. Civic use types.
A. Civic use types are required to install a minimum of forty-five (45)
points of landscaping per five hundred (500) square feet of buffer zone.
iv. Office and commercial use types.
A. Office and commercial use types are required to install a minimum of
sixty (60) points of landscaping per five hundred (500) square feet of buffer
zone.
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B. In the case of a master-planned commercial, office park, or mixed-use
development the required buffer zone points shall be reduced by fifty percent
(50%) for interior lot lines which are platted as part of the overall
park/development. No reduction shall be allowed along sections of lot lines
which are adjacent to properties not part of the master-planned park or in
buffer zones adjacent to the exterior borders of the park, except as noted
below.
1. In the case of a master-planned commercial or office park which has
installed buffer zone landscaping around the park as a whole, in accordance
with section 4-17005, the required buffer zone points per lot shall be zero (0)
along sections of lot line which contain existing buffer zone landscaping in
accordance with section 4-17005.
C. In the case of a commercial or office use type which is immediately
adjacent to another commercial or office use type, the minimum required
buffer zone points per lot shall be reduced by fifty percent (50%) along any
shared sections of the lot lines.
v. Industrial use types.
A. Industrial use types are required to install a minimum of one hundred
twenty (120) points of landscaping per five hundred (500) square feet of
buffer zone.
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B. In the case of a master-planned industrial or commerce park, the
required buffer zone points per lot shall be reduced by fifty percent (50%) for
interior lot lines which are platted as part of the overall park. No reduction
shall be allowed along sections of lot lines which are adjacent to properties
not part of the master-planned park or in buffer zones adjacent to the exterior
borders of the park except as noted below.
1. In the case of a master-planned industrial or commerce park which has
installed buffer zone landscaping around the park as a whole, in accordance
with section 4-19005, the required buffer zone points per lot shall be zero (0)
along sections of lot lines which contain existing buffer zone landscaping in
accordance with section 4-19005.
vi. Miscellaneous use types.
A. Miscellaneous use types are required to install a minimum of one
hundred twenty (120) points of landscaping per five hundred (500) square
feet of buffer zone.
B. The zoning administrator may administratively waive up to thirty (30)
points of landscaping per five hundred (500) square feet for the buffer zone
of less intense miscellaneous uses, with a written request, including
justification, from the applicant.
1. Waiver requests greater than thirty (30) point per five hundred (500)
square feet shall be considered by the board of supervisors following a
recommendation by the planning commission.
3. Parking zone. ..... The parking zone is a continuous perimeter buffer, ten
(10) feet in width, surrounding the entire parking area, which includes
parking spaces and any directly adjacent sidewalks, loading zones, drive
aisles, and ingress/egress driveways.
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a. Parking zones shall install a minimum of sixty (60) points of
landscaping per five hundred (500) square feet of total parking zone area.
i. All landscaping points must be installed within the boundaries of the
parking zone, except that as close to twenty percent (20%) of points as
possible shall be distributed on interior landscaping islands and medians, if
applicable.
ii. A minimum of twenty percent (20%) of points shall be shrubs.
iii. Shrubs shall be a minimum of twenty-four (24) inches in height at the
time of installation.
iv. Parking zone landscaping shall be distributed across the parking area so
that the cumulative effect shall be to provide a minimum of thirty percent
(30%) canopy coverage or shading of the parking zone within fifteen (15)
years.
b. Included within the total required points for the parking zone shall be
one (1) large deciduous tree per two thousand (2,000) square feet of
impervious area within the parking zone. The parking zone area calculation
shall include parking spaces and any directly adjacent sidewalks, loading
zones, drive aisles, and ingress/egress driveways.
c. Each parking space above the minimum parking space requirements of
this ordinance shall require an additional ten (10) landscaping points per
space, to be installed in the parking zone.
i. Each space above the minimum requirements of this ordinance shall be
surfaced in permeable materials and shall not be impervious materials as
defined in section 2-1002.
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ii. Landscaping credits, as specified in section 8-1007, shall not be
applicable to any landscaping points accumulated for parking spaces above
the minimum parking space requirement of this ordinance.
d. Landscaping islands a minimum of nine (9) feet wide and eighteen and
one-half (18.5) feet long are required at the end of each parking row. Islands
at the end of a double row of parking are required to be a minimum of nine
(9) feet wide by thirty-seven (37) feet long.
i. Additional landscaping islands, a minimum of nine (9) feet wide by
eighteen and one-half (18.5) feet long, are required every eight (8) linear
spaces to break up long rows of parking. Islands inserted into a double row of
parking are required to be a minimum of nine (9) feet wide by thirty-seven
(37) feet long.
e. Parking lots shall include no more than four (4) consecutive rows of
parking (no more than two (2) double rows of parking) without at least one
(1) landscaping median, a minimum of five (5) feet wide, connecting
landscaping islands to break up large parking areas.
f. Large parking lots shall be divided into smaller parking fields of no
more than one hundred (100) spaces using landscaping medians which are a
minimum of fifteen (15) feet wide and including a pedestrian walkway which
is at least five (5) feet wide.
g. Where a parking area is altered or expanded to increase the size to
twenty (20) or more vehicle parking spaces and is used regularly for at least
five (5) days a week, landscaping for the entire parking area shall be
provided, not only for the extent of the alteration or expansion.
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4. Foundation zone. ..... The foundation zone is a continuous area six (6)
feet in width around the entire perimeter of the building.
a. Foundation zones shall install a minimum of thirty (30) points of
landscaping per one hundred fifty (150) square feet of total foundation zone
area.
b. Landscaping shall be installed as a continuous bed around all sides of
the structure, except that required perpendicular access breaks shall be
allowed.
c. Landscaping points may be reduced by fifty percent (50%) on any side
of a structure which is not visible from an existing or proposed public right-
of-way.
5. Screening zone. ..... The screening zone is a continuous planting area
required around all service structures, equipment, and/or outdoor storage
yards for the purpose of reducing the impact of the structure or use visually
and acoustically.
3
38
a. Screening zones shall install a minimum of eight (8) points of
landscaping per ten (10) linear feet of perimeter length.
b. In the screening zone, solid and semisolid perimeter features such as
fences, berms, walls, or other nonorganic elements shall not be included in
the calculation of landscaping points.
c. The perimeter area of service structures, equipment, and/or outdoor
storage yards shall be determined by measurement of the complete outside
perimeter of the structure or equipment, including any fencing, and including
the distance across access points or entryways.
d. Landscaping shall be installed as a continuous screen around all sides of
service structures, equipment, and/or outdoor storage yards, except that
required access and entry breaks shall be allowed, provided that the points
associated with the perimeter area of such breaks are incorporated into the
rest of the screening zone.
e. Plants must be installed no more than ten (10) feet from the base of
service structures, equipment, and/or outdoor storage yards. If service
structures, equipment, and/or outdoor storage yards are enclosed by a fence,
wall, berm, or other perimeter feature, the required screening points shall be
installed within ten (10) feet of the base of such perimeter feature.
f. At the time of installation, plant height shall be a minimum of fifty
percent (50%) of the total height of the structure or equipment being
screened.
Sec. 8-1006. - Single-family residential landscaping points table.
Total Square Footage of Proposed
Residence
Total Landscaping Points Required
on Site
0—1,000 20 Points
1,001—1,500 30 Points
1,501—2,000 40 Points
2,001—2,500 50 Points
2,501—3,000 60 Points
3,001—3,500 75 Points
3,501—4,000 90 Points
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4,000+ 105 Points
Sec. 8-1007. - Landscaping credits.
A. Landscaping credits are available for the use of certain environmental
practices, as outlined in section 8-1008. Additional practices can be
considered by the zoning administrator for credits on a case-by-case basis
with documentation of the positive environmental impacts associated with
the practice.
B. An individual zone may be reduced by no more than fifty percent (50%)
of the zone requirement due to landscaping credits, except that the zoning
administrator may approve up to an additional ten percent (10%) reduction
(not to exceed sixty percent (60%) in any individual zone) for a design which
incorporates outstanding and innovative environmental design above and
beyond what is described in this article.
C. The required points for a single-family residential lot may be reduced by
no more than forty percent (40%) of the whole site total points due to
landscaping credits, except that the zoning administrator may approve up to
an additional ten percent (10%) reduction for a design which incorporates
outstanding and innovative environmental design above and beyond what is
described in this article.
Sec. 8-1008. - Landscaping credits table.
Environmental
Practice
Points Credit
Value
Applicable
Zone
Additional
Requirements
Tree preservation
90 points per tree
over 8" caliper.
Tree-save areas,
tree preservation
groupings, or
undisturbed,
delineated
wetland and
riparian areas
will be evaluated
and may be
Buffer,
frontage,
parking,
foundation,
screening
Single-family
residential—
Whole site
Credit must be applied
in the zone the trees are
located in, except that
trees which do not fall
into a particular zone
may be applied to the
most appropriate zone
as determined by the
zoning administrator or
his designee.
40
assigned a credit
value by the
zoning
administrator on
a case-by-case
basis.
Parking reduction
10 points per
space below the
minimum
required in the
zoning
ordinance.
Parking
Parking reduction must
be approved by the
zoning administrator
before credit is
applicable.
Reduction requests are
considered on a case-
by-case basis during
site plan review.
Permeable
material
8 points per 162
square feet
Parking,
foundation,
frontage
Credits must be applied
to the zone which the
permeable material is
located in.
No credits may be
accumulated for
permeable surfaces
outside of a
landscaping zone,
except as otherwise
specified in article
VIII.
Credits for surfaces
which are located
within a landscaping
zone and extend out of
a landscaping zone
(such as walkways
between a building and
a parking lot) may be
41
applied to the
foundation zone only.
Maintenance
specifications for the
technology used shall
be included in any
required site plans,
environmental
management plans, and
in the BMP
maintenance agreement
for the site.
100% native plants
As identified by
Virginia
Department of
Conservation and
Recreation
10% reduction in
total points
Parking,
foundation,
frontage,
buffer,
screening.
Single-family
residential—
Whole site
Credit must be applied
to the zone which the
native species are
planted in.
Green roof
Each 1 square
foot of green roof
equals 1 point
reduction in the
zone of choice.
Foundation,
buffer,
frontage
Xeriscaping 10% reduction in
total points
Parking,
foundation,
buffer,
frontage,
screening
Credit must be applied
to the zone in which
the xeriscaping is
installed.
Not applicable to
single-family
residential.
Green technology
and intelligent
42
siting
Solar orientation 10% reduction in
points
Foundation
Whole site
total points—
single-family
residential
only
Seasonal shading 10% reduction in
points
Foundation
Single-family
residential—
Whole site
Solar/geothermal
power generation,
heating, and/or
cooling
20% reduction in
points
Foundation
or most
appropriate
zone,
Single-family
residential—
Whole site
Innovative
stormwater
management (rain
gardens, low
impact
development,
graywater reuse)
10% reduction in
points
Foundation,
parking,
buffer,
frontage,
screening.
Single-family
residential—
Whole site
Credit must be applied
in the zone in which
the facility is located.
Standard
detention/retention
ponds (with or without
fountains) and drainage
ditches and swales
(with or without
vegetation) will not
qualify for this credit.
Maintenance
specifications for the
technology used shall
be included in any
required site plans,
43
environmental
management plans, and
in the BMP
maintenance agreement
for the site.
U.S. Green
Building Council
Leadership in
Energy and
Environmental
Design
Certification
(LEED Rating)
Certified rating
5% reduction in
buffer zone,
PLUS 5%
reduction in
foundation zone,
PLUS 5%
reduction in
parking zone
points
Buffer,
foundation,
parking
Silver rating
10% reduction in
buffer zone,
PLUS 10%
reduction in
foundation zone,
PLUS 5%
reduction in
parking zone
points
Buffer,
foundation,
parking
Gold rating
15% reduction in
buffer zone,
PLUS 15%
Buffer,
foundation,
parking
44
reduction in
foundation zone,
PLUS 10%
reduction in
parking zone
points
Platinum rating
20% reduction in
buffer zone,
PLUS 20%
reduction in
foundation zone,
PLUS 10%
reduction in
parking zone
points
Buffer,
foundation,
parking
Earthcraft
Certified
Construction
15% reduction in
total site points
Whole site
total points
Single-family
residential only
Sec. 8-1009. - Material and construction standards.
A. Plant material standards. ..... All plant materials shall be in a living,
healthy condition and shall be in conformance with the applicable standards
of the most recent edition of the "American Standard for Nursery Stock,"
published by the American Association of Nurserymen. It is recommended
that indigenous plant materials be utilized in all cases except that alternative
species may be used, upon certification from a licensed landscape architect
that such species have rated hardiness and growth habit appropriate for the
intended location on site.
B. Berms and earthform standards. ..... All berms and earthforms required
or otherwise proposed for use shall conform to the following standards:
1. The maximum side slope shall be three (3) horizontal feet to one (1)
vertical foot (3:1) and appropriate erosion and sediment controls are to be
utilized during construction.
45
2. Berms and earthforms shall be designed with physical variations in
height and alignment throughout their length.
3. Plant materials shall be installed on berms or earthforms and shall be
arranged in an irregular pattern to accentuate the physical variation and
achieve a natural appearance.
4. Berms and earthforms shall be located and designed to minimize the
disturbance and adverse impact to existing trees located on the site or
adjacent thereto.
C. Tree protection standards. ..... Development of land for different uses
and intensity of uses may necessitate the removal of trees to accommodate
roads, parking, buildings, and facilities. It is the express intent of this section
that every effort is made through the design, layout, and construction of
development projects to incorporate and preserve as many trees as possible.
1. No person shall cut, destroy, move, or remove any living, disease-free
tree of any species having a trunk with a diameter of eight (8) inches or
larger, measured four and one-half (4½) feet from the base, in conjunction
with any development of land governed by this ordinance unless and until
such removal or destruction has been approved under the provisions of this
article.
2. No person shall cut or clear trees for the sole purpose of offering land
for sale. Land may be cleared of underbrush ("bushhogged") in preparation
for sale or development.
3. If it is determined that trees of eight (8) inches or larger and/or
vegetation has been removed without specific approval for such removal in
accordance with this ordinance, the zoning administrator shall require the
replacement of said trees or vegetation. At a minimum, replacement trees
shall meet the specifications of section 8-1004 for large deciduous or
evergreen trees.
4. All trees which are to be preserved on-site shall be subject to the
minimum standards of the most current Virginia Erosion and Sediment
Control Handbook.
Sec. 8-1010. - Landscape plan approval and implementation.
The zoning administrator shall approve all landscape plans meeting the
requirements of this article and ordinance, subject to the following:
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A. No site or development plan required by this ordinance shall receive
final approval until such time as the landscaping plan has been duly
submitted and approved.
B. No certificate of occupancy may be issued by the superintendent of
building inspections unless the following items are satisfactorily completed
with regard to the approved landscaping plan:
1. Such plan has been completely implemented on the site.
2. Temporary certificate of occupancy.
a. When landscaping is required, no certificate of occupancy shall be
issued until the required landscaping is completed in accordance with the
approved landscape plan. When the occupancy of a structure is desired prior
to the completion of the required landscaping, a temporary certificate of
occupancy may be issued only if the owner or developer provides a form of
surety satisfactory to the county attorney in an amount equal to the costs of
labor and materials plus ten percent (10%) contingency allowance
satisfactory to the zoning administrator.
b. All required landscaping shall be installed within twelve (12) months
following the issuance of a temporary certificate of occupancy or the surety
described above may be forfeited to the county. This requirement shall not
preclude the phasing of landscaping programs for larger development
projects, the timing of which shall be approved by the zoning administrator.
(7-7-05.)
Sec. 8-1011. - Surety requirements.
Surety in an amount equal to twenty-five percent (25%) of the cost of
materials and installation of landscaping, screening and buffering materials,
including fences, shall be provided in a form acceptable to the county
attorney, prior to the issuance of a Certificate of Occupancy (CO) or final
inspection to ensure the landscaping was installed properly and remains
healthy. This surety shall be released at the end of two (2) years from the
issuance of a final certificate of occupancy or final inspection date, if an
inspection shows the landscaping remains healthy. All required landscaping
shall be the responsibility of the property owner(s). All plants damaged by
insects, disease, vehicular traffic, acts of God, or vandalism shall be replaced.
Sec. 8-1012. - Maintenance.
A. All plant material shall be tended and maintained in a healthy growing
condition and free from refuse and debris at all times by the owner or his
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agent. All unhealthy, dying or dead plant materials shall be replaced within
one year. Screening and buffering structures, including fences, shall be
maintained in a uniform, presentable and fully functioning condition. Failure
to maintain required landscaping, screening and buffering improvements
shall be considered a violation of the approved plans and provisions of this
ordinance and shall be handled in accordance with subsection 1-1013.L,
zoning ordinance violations.
B. Tree topping and other forms of extreme crown reduction or unnatural
shaping and pruning of trees required by this article shall be prohibited. trees
required by this article shall be allowed to grow in a generally natural form.
Pruning to remove a safety hazard, to remove dead or diseased materials, or
to avoid overhead utility lines or reasonable, seasonal pruning recommended
for maintaining growth shall be exempt from this prohibition.
C. Trees eight (8) inches in diameter or less which are topped or damaged
by excessive pruning shall be replaced with a large deciduous or evergreen
tree as specified in section 8-1004.
D. Trees greater than eight (8) inches in diameter which are topped or
damaged by excessive pruning shall require a professional arborist to develop
and carry out a corrective pruning schedule to be approved by the zoning
administrator.
Sec. 8-2000. - Open space.
Sec. 8-2001. - Requirements for open space.
A. Open space and recreation shall be as set forth in the underlying zoning
district.
B. Developed open space shall be designed to provide active and passive
recreational facilities, which include such complementary improvements as
are necessary and appropriate for the use, benefit, and enjoyment of the
residents of the development.
C. Undeveloped open space shall be designed to preserve important site
amenities and environmentally sensitive lands.
D. The owner or developer, and his successors or assigns shall be
responsible for maintaining all active or passive open space, common areas,
and any improvements or facilities located thereon, required by this
ordinance, except those areas, improvements or facilities with respect to
which an offer of dedication to the public has been accepted by the
appropriate public authority. All such areas shall be properly maintained so
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that they can be used in the manner intended. Required vegetation and trees
used for screening, landscaping, or shading are to be replaced if they die or
are destroyed.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
H. Amend and Reenact Chapter 6, Erosion and Sedimentation Control
County Attorney Popovich provided a brief overview of the amendment
proposed for the Ordinance.
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed amendments.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Acree moved that the following Ordinance amendment be
adopted as recommended by staff:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 6. EROSION AND SEDIMENT CONTROL.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has deemed it necessary to update Chapter 6, Erosion and Sediment
Control, of the Isle of Wight County Code in order to conform with
legislative changes enacted to relevant provisions of the Code of Virginia;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 6, Erosion and Sediment Control, of the
Isle of Wight County Code be amended and reenacted as follows:
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CHAPTER 6.
EROSION AND SEDIMENT CONTROL.
Article I. - In General.
Sec. 6-1. - Purpose of chapter.
The purpose of this chapter is to provide for, both during and following
development, the control of erosion and sedimentation, and to establish
procedures for the administration and enforcement of such controls.
It is the intent of this chapter to be an adjunct to Appendix A and
Appendix B of this Code wherein such apply to the development and
subdivision of land within the county or such apply to development on
previously subdivided land within the county. (4-19-07;______.)
Sec. 6-2. - Relationship to the Chesapeake Bay Preservation Area Ordinance
and the Stormwater Management Ordinance.
Any development or development activity, as defined in Section 3002.F
of the Chesapeake Bay Preservation Area Ordinance or in Section 14A-8 of
the Stormwater Management Ordinance, on a lot, parcel or tract of land under
the jurisdiction of said ordinance shall be in compliance with the provisions
of this chapter, the Chesapeake Bay Preservation Area Ordinance, or the
Stormwater Management Ordinance whichever is more restrictive. (4-19-
07;_______.)
Sec. 6-3. - Definitions.
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Administrator.\ The official designated by the board of supervisors to
serve as its agent to administer this chapter. The administrator is also referred
to in this chapter as the program administrator.
Agreement in lieu of a plan.\ A contract between the plan-approving
authority and the owner or his designee, which specifies conservation
50
measures and/or methods that shall be implemented in the construction,
development or improvement of a residential lot; this contract may be
executed by the plan-approving authority in lieu of a formal site plan.
Applicant.\ Any person submitting an erosion and sediment-control plan
for approval or requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
Board.\ The State Water Control Board.
Certified inspector.\ An employee or agent of a program authority who (i)
holds a certificate of competence from the board in the area of project
inspection or (ii) is enrolled in the board's training program for project
inspection and successfully completes the program within one year after
enrollment.
Certified plan reviewer.\ An employer or agent of a program authority
who (i) holds a certificate of competence from the board in the area of plan
review, or (ii) is enrolled in the board's training program for plan review and
successfully completes the program within one year after enrollment, or (iii)
is licensed as a professional engineer, architect, certified landscape architect
or land surveyor as defined pursuant to Article 1 (section 45.1-400 et seq.) of
Chapter 4 of Title 54.1 of the Code of Virginia, as amended, or professional
soil scientist as defined in Section 54.1-2200.
Certified program administrator.\ An employee or agent of a program
authority who (i) holds a certificate of competence from the board in the area
of program administration or (ii) is enrolled in the board's training program
for program administration and successfully completes the program within
one year after enrollment.
Clearing.\ Any activity which removes the vegetative ground cover
including, but not limited to, root mat removal or topsoil removal.
Department\ or DEQ. The Virginia Department of Environmental Quality.
District\ or Peanut Soil and Water Conservation District. A political
subdivision of this Commonwealth organized in accordance with the
provisions of Article 3 (section 10.1-506, et seq.) of Chapter 5 of Title 10.1
of the Code of Virginia as amended.
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Erosion and Sediment Control Plan.\ A document containing material for
the conservation of soil and water resources of a lot or group of lots of land.
It may include appropriate maps, an appropriate soil and water plan inventory
and management information with needed interpretations, and a record of
decisions contributing to conservation treatment. The "plan" shall contain all
major conservation decisions to assure that the entire lot or lots of lands will
be so treated to achieve the conservation objectives.
Erosion impact area.\ An area of land not associated with current land-
disturbing activity but subject to persistent soil erosion resulting in the
delivery of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land 10,000 square feet or
less used for residential purposes or shorelines where erosion results from
wave action or other coastal processes.
Excavating.\ Any digging, scooping or other methods of removing earth
material.
Filling.\ Any depositing or stockpiling of earth materials.
Grading.\ Any excavating or filling of earth materials or any combination
thereof, including the land in its excavated or filled condition.
Land-disturbing activity.\ Any man-made change to the land surface that
may result in soil erosion from water or wind and movement of sediments
into state waters or onto lands in the Commonwealth, including, but not
limited to, clearing, grading, excavating, transporting and filling of land,
except that the terms shall not include:
1. Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
2. Individual service connections;
3. Installation, maintenance or repair of any underground public utility lines
when such activity occurs on an existing hard-surfaced road, street or
sidewalk provided the land-disturbing activity is confined to the area of
the road, street or sidewalk which is hard-surfaced;
4. Septic tank lines or drainage fields, unless included in an overall plan for
land-disturbing activity relating to construction of the building to be
served by the septic tank system;
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5. Surface or deep mining activities authorized under a permit issued by the
Department of Mines, Minerals and Energy;
6. Exploration or drilling for oil and gas, including the well site, roads,
feeder lines and off-site disposal areas;
7. Tilling, planting or harvest of agricultural, horticultural or forest crops, or
livestock feedlot operations, including engineering operations and
agricultural engineering as follows: construction of terraces, terrace
outlets, check dams, desilting basins, dikes, ponds not required to comply
with the Dam Safety Act, Article 2, (Sec. 10.1-604 et seq.) of Chapter 6,
ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage and land irrigation; however, this exception
shall not apply to harvesting of forest crops unless the area on which
harvesting occurs is reforested artificially or naturally in accordance with
the provisions of Chapter 11 (Sec. 10.1-1100 et seq.) of this title or is
converted to bona fide agricultural or improved pasture use as described
in subsection B of Section 10.1-1163;
8. Repair or rebuilding of the tracks, right-of-way, bridges, communication
facilities and other related structures and facilities of a railroad company;
9. Disturbed land area of less than 10,000 square feet in size or 2,500 square
feet in the Chesapeake Bay Watershed.
10. Installation of fence and sign posts or telephone and electric poles and
other kinds of posts or poles;
11. Shoreline erosion control projects on tidal waters when all of the land
disturbing activities are within the regulatory authority of and approved
by local wetlands boards, the Marine Resources Commission or the
United States Army Corps of Engineers; however, any associated land
that is disturbed outside of this exempted area shall remain subject to this
article and the regulations adopted pursuant thereto; and
12. Emergency work to protect life, limb or property, and emergency repairs;
however, if the land-disturbing activity would have required an approved
erosion and sediment control plan if the activity were not an emergency,
then the land area disturbed shall be shaped and stabilized in accordance
with the requirements of the plan-approving authority.
53
Land-disturbing permit.\ For purposes of this chapter, a permit issued by
the county in accordance with Chapter 14A of the Isle of Wight County
Code.
Local erosion and sediment control program or local control program.\
An outline of the various methods employed by a district or locality to
regulate land-disturbing activities and thereby minimize erosion and
sedimentation in compliance with the State Program and may include such
items as local ordinances, policies and guidelines, technical materials,
inspection, enforcement and evaluation.
Natural channel design concepts.\ The utilization of engineering analysis
and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize
an open conveyance system for the purpose of creating or recreating a stream
that conveys its bankfull storm event within its banks and allows larger flows
to access its bankfull bench and its floodplain.
Owner.\ The owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation in
control of a property.
Peak flow rate.\ The maximum instantaneous flow from a given storm
condition at a particular location.
Permittee.\ The person to whom the permit authorizing land-disturbing
activities is issued or the person who certifies that the approved erosion and
sediment control plan will be followed.
Person.\ Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public or
private institution, utility, cooperative, county, city, town, or any other
political subdivision of the Commonwealth, any interstate body, or any other
legal entity.
Plan approving authority.\ Shall mean the County of Isle of Wight Utility
Services Department, as may be assisted by consulting services, responsible
for determining the adequacy of a conservation plan submitted for land-
disturbing activities on a lot or lots of lands and for approving the plan.
54
Program authority.\ The County of Isle of Wight, which has adopted a
soil erosion and sediment control program that has been approved by the
board.
Residential lot.\ For the purposes of this chapter, a parcel of land used
primarily for occupancy by one family.
Responsible land disturber.\ Means individual from the project or
development team, who will be in charge of and responsible for carrying out
land-disturbing activity covered by an approved plan or agreement in lieu of
a plan, who (i) holds a responsible land disturber certificate of competence,
(ii) holds a current certificate of competence from the board in the areas of
combined administration, program administration, inspection, or plan review,
(iii) or is licensed in Virginia as a professional engineer, architect, certified
landscape architect or land surveyor as defined pursuant to Article 1 (Sec.
45.1-400 et seq.) of Chapter 4 of Title 54.1.
Runoff volume.\ The volume of water that runs off the land development
project from a prescribed storm event.
State Erosion and Sediment Control Program\ or State Program. The
program administered by the Board pursuant to the State Code including
regulations designed to minimize erosion and sedimentation.
State waters.\ All waters on the surface and under the ground wholly or
partially within or bordering the Commonwealth or within its jurisdictions.
Subdivision.\ For the purposes of this chapter, this term shall have the
same meaning as set forth in Appendix A of the Isle of Wight County Code.
Town.\ An incorporated town.
Transporting.\ Any moving of earth materials from one place to another,
other than such movement incidental to grading, when such movement
results in destroying the vegetative ground cover, either by tracking or the
buildup of earth materials to the extent that erosion and sedimentation will
result from the soil or earth materials over which such transporting occurs.
Water quality volume.\ The volume equal to the first one-half inch of
runoff multiplied by the impervious surface of the land development project.
(4-19-07; 11-11-08;_______.)
Sec. 6-4. - Local Erosion and Sediment Control Program.
55
In accordance with Section 62.1-44.15:52 of the Code of Virginia (1950,
as amended), stream restoration and relocation projects that incorporate
natural channel design concepts are not man-made channels and shall be
exempt from any flow rate capacity and velocity requirements for natural or
man-made channels.
In as much as the local erosion and sediment control program for Isle of
Wight County was adopted prior to July 1, 2014, and pursuant to Section
62.1-44.15:52 of the Code of Virginia (1950, as amended), any land-
disturbing activity that provides for stormwater management intended to
address any flow rate capacity and velocity requirements for natural or man-
made channels shall satisfy the flow rate capacity and velocity requirements
for natural or man-made channels if the practices are designed to (i) detain
the water quality volume and to release it over 48 hours; (ii) detain and
release over a 24-hour period the expected rainfall resulting from the one
year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting
from the 1.5- year, two-year, and 10-year, 24-hour storms to a level that is
less than or equal to the peak flow rate from the site assuming it was in a
good forested condition, achieved through multiplication of the forested peak
flow rate by a reduction factor that is equal to the runoff volume from the site
when it was in a good forested condition divided by the runoff volume from
the site in its proposed condition, and shall be exempt from any flow rate
capacity and velocity requirements for natural or man-made channels as
defined in regulations promulgated pursuant to Sections 62.1-44.15:54 or
62.1-44.15:65 of the Code of Virginia (1950, as amended).
Pursuant to Section 62.1-44.15:54 of the Code of Virginia (1950, as
amended), the Isle of Wight County Board of Supervisors hereby adopts the
regulations, references, guidelines, standards and specifications promulgated
by the board for the effective control of soil erosion and sediment deposition
to prevent the unreasonable degradation of properties, stream channels,
waters and other natural resources. Said regulations, references, guidelines,
standards and specifications for erosion and sediment control are included in,
but not limited to, the "Virginia Erosion and Sediment Control Regulations"
and the Virginia Erosion and Sediment Control Handbook, as amended.
56
Before adopting or revising regulations, the county board of supervisors
shall give due notice and conduct a public hearing on the proposed or revised
regulations.
Pursuant to Section 62.1-44.15:53 of the Code of Virginia, an erosion
control plan shall not be approved until it is reviewed by a certified plan
reviewer. Inspections of land-disturbing activities shall be conducted by a
certified inspector. The Erosion Control Program of Isle of Wight County
shall contain a certified program administrator, a certified plan reviewer, and
a certified inspector, who may be the same person, or an individual or
consulting firm under contract with the county.
The Isle of Wight County Board of Supervisors hereby designates the
Utility Services Department as the plan-approving authority under the
direction of the administrator. The program and regulations provided for in
this chapter shall be made available for public inspection in the Utility
Services Department. (4-19-07; 11-11-08;________.)
Sec. 6-5. - Duties of administrator.
Administration, inspection and enforcement of this chapter shall rest with
the administrator. (4-19-07.)
Sec. 6-6. - Administrative appeal and judicial appeals.
Final decision of the administrator or plan approving authority under this
chapter shall be subject to judicial review in the Isle of Wight County Circuit
Court, provided that an appeal is filed within 30 days from the date of any
written decision adversely affecting the rights, duties, or privileges of the
person engaging in or proposing to engage in land-disturbing activities.
Article II. - Plans.
Sec. 6-7. - Required.
Except as provided for in section 6-3, pertaining to definitions, no person
may engage in any land-disturbing activity until such person has submitted to
the Utility Services Department an erosion and sediment control plan for the
land disturbing activity and such plan has been approved by the plan-
approving authority.
57
Where the land disturbing activity results in the improvement or
development of a residential lot, an "agreement in lieu of a plan" may be
substituted for an erosion and sediment control plan if executed by the plan-
approving authority. An agreement in lieu of a plan for any lot under the
jurisdiction of the Chesapeake Bay Preservation Area Ordinance shall
include the name, certification number and contact information of a
responsible land disturber.
Where land-disturbing activities involve lands under the jurisdiction of
more than one local control program, an erosion and sediment control plan
may, at the option of the applicant, be submitted to the board for review and
approval rather than to each jurisdiction concerned. (4-19-07;________.)
Sec. 6-8. - Form and contents.
Erosion and sediment control plans shall detail those methods and
techniques to be utilized in the control of erosion and sedimentation.
As a minimum, the erosion and sediment control plan shall follow the
minimum criteria of the Virginia Erosion and Sediment Control Law (Title
62.1, Chapter 3.1, Article 2.4, Code of Virginia) and accompanying
regulations.
The standards contained within the "Virginia Erosion and Sediment
Control Regulations", the "Virginia Erosion and Sediment Control
Handbook"and the "Virginia Stormwater Management Handbook", as may be
amended, shall be used by the applicant when making a submittal under the
provisions of this chapter and in preparation of an erosion and sediment
control plan. The plan approving authority, in considering the adequacy of a
submitted plan, shall be guided by the same standards, regulations and
guidelines. When standards vary between publications, the state regulations
shall take precedence. (4-19-07;____________.)
Sec. 6-9. - Submission.
Five copies of the erosion and sediment control plan shall be submitted to
the administrator through the central permitting office of Isle of Wight
County. (4-19-07;_______.)
Sec. 6-10. - Approval, etc.
58
The plan-approving authority shall, within 45 days, approve any such
plans, if it is determined that the plan meets the requirements of the local
control program, and if the person responsible for carrying out the plan
certifies that he or she will properly perform the erosion and sediment control
measures included in the plan and will conform to the provisions of this
chapter.
The plan shall be acted upon within 45 days from receipt thereof by either
approving said plan in writing or disapproving said plan in writing with
specific reasons for its disapproval.
When the plan is determined to be inadequate, the plan-approving
authority shall specify such modifications, terms and conditions that will
permit approval of the plan. If no action is taken within 45 days, the plan
shall be deemed approved and the person authorized to proceed with the
proposed activity.
In order to prevent further erosion, the administrator may require
approval of a plan for any land identified in the local program as an erosion
impact area.
When land-disturbing activity will be required of a contractor performing
construction work pursuant to a construction contract, the preparation,
submission, and approval of an erosion and sediment control plan shall be the
responsibility of the owner.
Electric, natural gas and telephone utility companies, interstate and
intrastate natural gas pipeline companies and railroad companies shall, and
authorities created pursuant to Section 15.2-5102 of the Code of Virginia
(1950, as amended) may, file general erosion and sediment control standards
and specifications annually with the board for review and written comments.
The specifications shall apply to:
1. Construction, installation or maintenance of electric transmission, natural
gas and telephone utility lines and pipelines, and water and sewer lines:
and
2. Construction of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of the railroad
company.
59
Individual approval of separate projects within subdivision 1 or 2 of this
subsection is not necessary when board-approved specifications are followed;
however, projects included in subdivisions 1 or 2 must comply with board-
approved specifications. Projects not included in subdivision 1 and 2 of this
subsection shall comply with the requirements of the Isle of Wight County
Erosion and Sediment Control Program.
In accordance with the procedure set forth by Section 62.1-44.15:55(E) of
the Code of Virginia (1950, as amended), any person engaging in the creation
and operation of wetland mitigation banks in multiple jurisdictions, which
have been approved and are operated in accordance with applicable federal
and state guidance, laws, or regulations for the establishment, use, and
operation of mitigation banks, pursuant to a permit issued by the Department
of Environmental Quality, the Marine Resources Commission, or the U.S.
Army Corps of Engineers, may, at the option of that person, file general
erosion and sediment control specifications for wetland mitigation banks
annually with the board for review and approval consistent with guidelines
established by the board.
State agency projects are exempt from the provisions of this chapter
except as provided for in the Code of Virginia, Section 62.1-44.15:56 (1950,
as amended). State agency projects are reviewed and approved by DEQ. (4-
19-07; 11-11-08;____________.)
Sec. 6-11. - Amendments.
An approved plan may be changed by the authority that approved it in the
following cases:
1. Where inspection has revealed that the plan is inadequate to satisfy
applicable regulations; or
2. Where the person responsible for carrying out the approved plan finds
that because of changed circumstances or for other reasons the approved
plan cannot be effectively carried out, and proposed amendments to the
plan, consistent with the requirements of this chapter, are agreed to by the
plan-approving authority and the person responsible for carrying out the
plan. (4-19-07;__________.)
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Article III. - Land-Disturbing Permit.
Sec. 6-12. - Prerequisite bond, etc.
All control measures required by the provisions of this chapter shall be
undertaken at the expense of the owner or his agent, and pending such actual
provision thereof, the owner or his agent shall execute and file with the
administrator, prior to issuance of the land disturbing permit, an agreement
and bond or agreements and bonds in an amount determined by the
administrator equal to the approximate total cost of providing erosion and
sedimentation control improvements plus 25 percent, with surety approved
by the county attorney, guaranteeing that the required control measures will
be properly and satisfactorily undertaken. A surety administration 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, shall be paid
prior to issuance of the land disturbing permit. The administrator may waive
the surety administration fee.
Within 60 days of the adequate stabilization of the land-disturbing
activity, as determined by the permit-issuing authority, such bond, cash
escrow letter of credit or other legal arrangement or the unexpended or
unobligated portion thereof shall be refunded to the owner or his agent or
terminated, as the case may be, upon written request of the applicant.
Should the applicant fail, after proper notice, within the time specified to
initiate or maintain appropriate conservation action, which may be required
of him by the approved plan as a result of his land-disturbing activity, the
permit-issuing authority may take such conservation action at the applicant's
expense. If the permit-issuing authority takes such conservation action upon
such failure by the permittee, the agency may collect from the permittee an
amount equal to the difference between the amount of the reasonable cost of
such action and the amount of the security held. (4-19-07; 5-1-
14;__________.)
Sec. 6-13. - Issuance; fees.
No person shall engage in any land-disturbing activity, as defined in
section 6-3, within the county until he has acquired a land disturbing permit
61
and paid a fee for same to the county an amount 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, per acre of land disturbed. No land-
disturbing permit shall be issued until the applicant submits with his
application, an approved erosion and control plan and certification that the
plan will be followed.
Agencies authorized under any other law to issue grading, building or
other permits for activities involving land-disturbing activities may not issue
any such permit unless the applicant submits with his application an
approved erosion and sediment control plan and certification that the plan
will be followed. Issuance of a land disturbing permit is conditioned on
receiving an approved erosion and sediment control plan and certification
that the plan will be followed at the time of application for such permit and,
in addition, the requirements of section 6-12 concerning a performance bond,
cash escrow, letter of credit, any combination thereof, or such other legal
arrangement as is acceptable under the provision of section 6-12 and to the
fees herein levied for land-disturbing activities. In addition, as a prerequisite
to issuance of a land disturbing permit, the person responsible for carrying
out the plan shall provide the name of the responsible land disturber, who
shall be in charge of and responsible for carrying out the land-disturbing
activity, in accordance with the approved plan.
An engineering services agreement, as adopted by the board of
supervisors, shall be executed at the time of filing erosion and sediment
control plans.
These requirements are in addition to all other provisions related to the
issuance of permits and are not intended to otherwise affect the requirement
for such permits. (4-19-07; 5-1-14;__________.)
Sec. 6-14. – Right to entry; Monitoring, reports and inspections.
The administrator or his designee shall have the right, at reasonable times
and under reasonable circumstances, to enter any establishment or upon any
property, public or private, for the purpose of obtaining information or
conducting surveys or investigations necessary in the enforcement of the
provisions of this chapter. Further, and in accordance with section 6-12, the
administrator or his designee may also enter any establishment or upon any
62
property, public or private, for the purpose of initiating or maintaining
appropriate actions that are required by the permit conditions associated with
a land-disturbing activity when a permittee, after proper notice, has failed to
take acceptable action within the time specified.
The administrator or his designee shall provide for periodic inspections of
the land-disturbing activity and may require monitoring and reports from the
responsible land disturber or other person responsible for carrying out the
plan to insure compliance with the approved plan and to determine whether
the measures required in the plan are effective in controlling erosion and
sediment. An inspection shall be made during or immediately following the
initial installation of erosion and sediment controls, at least once in every
two-week period, within forty-eight hours following any runoff-producing
storm event, and at the completion of the project prior to the release of any
performance bonds. In lieu of these inspections, inspections may be made in
accordance with the county’s alternative erosion and sediment control
inspection program, as approved by the Virginia Soil and Water
Conservation Board.
The program authority's right to entry to conduct such inspections shall
be expressly reserved in the permit. The owner, occupier or operator shall be
given an opportunity to accompany the inspector. If the administrator or his
designee determines that there is a failure to comply with the plan, notice
shall be served upon the applicant or person responsible for carrying out the
plan by registered or certified mail to the address specified in the permit
application or in the plan certification, or by delivery at the site of the land-
disturbing activities to the agent or employee supervising such activities. The
notice shall specify the measures needed to comply with the plan and shall
specify the time within which such measures shall be completed. Upon
failure to comply within the specified time, the permit may be revoked and
the permittee or person responsible for carrying out the plan shall be deemed
to be in violation of this chapter and, upon conviction, shall be subject to the
penalties provided by this chapter.
Upon determination of violation of this chapter, the administrator or his
designee either may, in conjunction with or subsequent to a notice to comply
as specified in this chapter, issue an order requiring that all or part of the
land-disturbing activities permitted on the site be stopped until the specified
63
corrective measures have been taken. Where the alleged noncompliance is
causing or is in imminent danger of causing harmful erosion of lands or
sediment deposition in waters within the watersheds of the Commonwealth,
such an order may be issued without regard to whether the permittee has been
issued a notice to comply as specified in this chapter. Otherwise, such an
order may be issued only after the applicant has failed to obey a previous
notice to comply. The order shall be served in the same manner as a notice to
comply, and shall remain in effect for a period of seven days from the date of
service pending application by the county or permit holder for appropriate
relief to the Circuit Court of Isle of Wight. Upon completion of corrective
action, the order shall immediately be lifted. Nothing in this section shall
prevent the administrator or his designee from taking any other action
authorized by this chapter. (4-19-07.)
Sec. 6-15. – Violation; Injunctions and other legal action. (a) Violators
of sections 6-10 and 6-14 shall be guilty of a Class 1 misdemeanor.
(b) Any person who has violated or failed, neglected, or refused to obey any
condition of a permit, or any provision of this chapter, shall, upon a
finding of the General District Court of the county, be assessed a civil
penalty. The civil penalty for any one violation shall be $100, except that
the civil penalty for commencement of land-disturbing activities without
an approved plan or an approved agreement in lieu of a plan shall be
$1,000. Each day during which the violation is found to have existed shall
constitute a separate offense. In no event shall a series of specified
violations arising from the same operative set of facts result in civil
penalties which exceed a total of $3,000, except that a series of violations
arising from the commencement of land-disturbing activities without an
approved plan or an approved agreement in lieu of a plan for any site
shall not result in civil penalties which exceed a total of $10,000.
(c) The administrator or his designee, or the owner of property which has
sustained damage or which is in imminent danger of being damaged, may
apply to the Circuit Court of Isle of Wight County to enjoin a violation or
a threatened violation of this chapter, without the necessity of showing
that an adequate remedy at law does not exist. However, an owner of
property shall not apply for injunctive relief unless (i) he has notified in
writing the person who has violated this chapter, and (ii) neither the
64
person who has violated this chapter nor the administrator has taken
corrective action within fifteen days to eliminate the conditions which
have caused, or create the possibility of causing, damage to his property.
(d) Without limiting the remedies which may be obtained in this section, any
person violating or failing, neglecting or refusing to obey any injunction,
mandamus or other remedy obtained pursuant to this section shall be
subject, in the discretion of the court, to a civil penalty not to exceed
$2,000 for each violation. A civil action for such violation or failure may
be brought by the county. Any civil penalties assessed by a court shall be
paid into the treasury of the county, except where the violator is the
locality itself, or its agent, the court shall direct the penalty to be paid into
the state treasury.
(e) With the consent of any person who has violated or failed, neglected or
refused to obey any regulations or condition of a permit or any provision
of this chapter, the county may provide for the payment of civil charges
for violations in specific sums, not to exceed $2,000 for each violation.
The administrator or his designee shall establish a schedule enumerating
the violations and the associated civil charges. Such civil charges shall be
instead of any appropriate civil penalty.
(f) Compliance with the provisions of this chapter shall be prima facie
evidence in any legal or equitable proceeding for damages caused by
erosion, siltation or sedimentation that all requirements of law have been
met, and the complaining party must show negligence in order to recover
any damages.
(g) Nothing herein shall prevent the administrator from or be a prerequisite to
the administrator or his designee taking any other action allowed by law
or equity to remedy noncompliance with this chapter. (4-19-07; Ord. No.
2010-13-C, 8-19-10;______.)
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
65
COUNTY ADMINISTRATOR’S REPORT
A. Moody’s Investors Service Affirmation of County Bond Rating
The Board received notification from the Interim County Administrator of
Moody’s Investors Service affirmation of the County’s excellent credit rating
of Aa2 due to notable credit strengths in the areas of tax base, healthy fund
balance, implementation of a three-year plan to address a structural
imbalance and strong fiscal management. Factors leading to a rating upgrade
and downgrade for the County were also identified.
B. Quarterly Financial Report for 3rd Quarter of FY2016
Mr. Terry distributed a report and delivered an overview on the status and
implications of the County’s financial performance for the 3rd quarter ended
FY2016.
The following matters contained in the agenda were highlighted for the
Board’s information: Monthly Reports for Tax Levies & Collections, Cash
Position and Statement of the Treasurer’s Accountability; the Isle of Wight
County Monthly Fire/Emergency Medical Services (EMS) Report - Incidents
by Zone; the Isle of Wight Website Statistics; a Solid Waste Division Litter
Pickup; an Isle of Wight Extension Report; the Planning Commission’s 2015
Annual Report; and, information relative to the Adopt-a-Highway Program.
UNFINISHED BUSINESS
A. Proposed Changes to Convenience Center Operating Hours
Tony Wilson, Director of Public Works, provided an overview of a proposed
alternate schedule of operating hours for the County’s convenience centers as
recommended by the Board’s Public Works Committee in an effort to address
public concerns with the current operating hours, be less confusing and be
more consistent for citizens.
66
The Board discussed this issue with respect to the importance of operational
hours being convenient and less confusing for the public while being fiscally
responsible; the potential for confusion which could be created by changing
the operational hours again;
Chairman Alphin and Supervisor Jefferson voiced concern with the proposed
opening of the centers at mid-day and the public having to adjust to another
change in schedule when they have just adjusted to the existing schedule.
Noting the approaching hour of 11:00 p.m. and in adherence of the Board’s
By-Laws, Supervisor McCarty moved that the meeting be extended which
was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor McCarty moved that the new operating hours recommended by
the Board’s Public Works Committee be approved and that the convenience
centers be renamed “Refuse and Recycling” Centers. The motion was
adopted by a vote of (4-1) with Supervisors Acree, Grice, Jefferson and
McCarty voting in favor of the motion and Chairman Alphin voting against
the motion.
B. Update/Use & Support Agreement with the Southeastern Public
Service Authority
The Board received an update from County Attorney Popovich on the Use &
Support Agreement between the County and the Southeastern Public Service
Authority.
NEW BUSINESS
C. Payment of the Nike Park Stormwater Improvement Project Change
Order
Mr. Jennings presented a request to pay a $14,331 change order to the
contractor who performed work on the Nike Park Stormwater Improvement
67
project which was facilitated by a design error made by the consultant in the
plans with regard to the depth of the retention ponds.
Supervisor Acree moved that staff be authorized to pay $14,331 as final
compensation to the contractor. The motion was adopted by a vote of (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
The issue of an Isle of Wight County Business Affirmation Committee added
under the approval of the agenda was withdrawn from discussion at the
request of Supervisor McCarty who indicated that the Interim County
Administrator will be looking into this matter.
ADJOURNMENT
At 11:20 p.m., the meeting was declared adjourned by Chairman Alphin.
__________________________
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
ISSUE:
Regional Reports
BACKGROUND:
The Board of Supervisors has previously directed that an opportunity be
provided for monthly status briefings from Board members who serve as
representatives to the various regional committees and authorities on behalf
of the County.
RECOMMENDATION:
Receive an oral report.
ATTACHMENT:
Listing of regional committees/authorities and Board representation
Organization Member Term Expires
Hampton Roads Economic Development Alliance Grice January 2018
Hampton Roads Military Federal Facilities McCarty No Set Term
Alliance
Hampton Roads Planning District Commission Alphin No Set Term
Sanford Wanner No Set Term
Hampton Roads Transportation Accountability Chairman No Set Term
Commission
Hampton Roads Transportation Rex W. Alphin No Set Term
Planning Organization Jefferson/Alternate No Set Term
Southeastern Public Service Authority Popovich December 2017
Tony Wilson/Alternate December 2017
Western Tidewater Regional Jail Authority Alphin No Set Term
Jefferson No Set Term
Western Tidewater Water Authority Grice June 2018
Acree June 2018
Popovich/Alternate June 2018
Regional Reports - Page 2
(Appointed by Board Vote)
2016 BOARD MEMBER REGIONAL REPRESENTATIVE
Boards/Commissions/Committees Appointee District Appointment Eligibility
Blackwater Regional Library Board Elizabeth Jones/RESIGNED Windsor June 2016 Resigned
Blackwater Regional Library Board Betty Alldaffer Smithfield June 2016 Not Eligible for Reappointment
Board of Zoning Appeals David A. Holt/RESIGNED Carrsville May 2018 Resigned
Chamber of Commerce Voting Members Don Robertson/Ex-Officio July 2016 Mr. Robertson willing to serve additional term
Comprehensive Services Act/Policy & Mgmt. Team Don Robertson/County Administration July 2016 Mr. Robertson willing to serve additional term
Comprehensive Services Act/Policy & Mgmt. Team Nancy Mayo/Ex-Officio/Fiscal Agent July 2016 Ms. Mayo willing to serve additional term
Paul D. Camp Community College Caroline Hurt June 2016 Ms. Hurt willing to serve additional term
Social Services Board Barbara Wiggins Hardy June 2016 Ms. Wiggins willing to serve additional term
Social Services Board Patricia Sowell Carrsville June 2016 Ms. Sowell willing to serve additional term
Expiration
BOARDS/COMMISSIONS/COMMITTEES
ISSUE:
Special Presentation – Sarah McCoy, Government & Community
Affairs Manager, Port of Virginia
BACKGROUND: Sarah McCoy, Government & Community Affairs Manager with the
Port of Virginia, will provide an update on port activity to include
forecasted port volumes, specifics on Norfolk International Terminals,
Portsmouth Marine Terminal, Virginia International Gateway and Newport News Marine Terminal volumes, velocity challenges and mitigation, economic development advances, and port competition.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS: None
ISSUE:
Special Presentation – Transportation Update, Jerry Kee, VDOT
Franklin Residency Assistant Administrator
BACKGROUND: Jerry Kee, VDOT Franklin Residency Assistant Administrator, will
present maintenance updates for roadways in Isle of Wight County,
including paving, mowing, and ditch maintenance.
RECOMMENDATION: For the Board’s information.
ATTACHMENTS:
None
ISSUE:
Special Presentation - Entrepreneur of the Year – Lee Duncan of
WharfHill Brewing Company
BACKGROUND: In conjunction with the Commonwealth’s annual Business Appreciation
Month Celebration which takes place during the month of May this year,
the Department of Economic Development will announce the County’s
2016 Entrepreneur of the Year. Staff will introduce the recipient and will provide a framed certificate for Chairman Alphin to present.
RECOMMENDATION:
Present the award for Entrepreneur of the Year.
ATTACHMENTS:
None
May 19, 2016/MCP
ISSUE:
Resolution Authorizing the County Administrator to Execute
Certain Documents Related to the Western Branch Pipeline Transfer from the City of Suffolk to the Western Tidewater Water
Authority
BACKGROUND:
As part of the contractual relationship between the City of Suffolk
and the Western Tidewater Water Authority (WTWA), certain
infrastructure improvements are to be constructed by the City and, upon completion, conveyed to the WTWA. The City has
completed the construction of the pipeline necessary to convey raw
water from the City of Norfolk’s Western Branch Pump Station to
Suffolk’s Lonestar Lakes. In accordance with the WTWA agreement, conveyance of that pipeline is now appropriate to the
WTWA.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Authorize the Chairman to execute the Resolution Authorizing the
County Administrator to execute those documents necessary to
properly convey the pipeline from the City of Suffolk to the WTWA.
ATTACHMENTS: - Resolution
- Draft Agreement
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR
TO ENTER INTO AN AGREEMENT WITH THE WESTERN TIDEWATER WATER AUTHORITY FOR THE TRANSFER OF THE WESTERN BRANCH PIPELINE TO THE WESTERN TIDEWATER
WATER AUTHORITY AND TO EXECUTE CERTAIN RELATED
DOCUMENTS
WHEREAS, for the purpose of public benefit from the use of contracted surface water capacity, the Western Tidewater Water Authority (the
“Authority”), the City of Suffolk (“Suffolk”), and Isle of Wight County (“Isle
of Wight”) entered into that certain Western Tidewater Regional Water
Agreement, dated September 29, 2009 (the “2009 Agreement”); and, WHEREAS, the 2009 Agreement provides that, subject to capital cost
payments by Suffolk and Isle of Wight, Suffolk shall design and construct a
water transmission pipeline for the transmission of raw water from the City of Norfolk Western Branch Pump Station to Suffolk’s Lonestar Lakes (the
“Western Branch Pipeline”); and,
WHEREAS, the Western Branch Pipeline is complete and all capital cost payments therefore are current; and,
WHEREAS, the 2009 Agreement remains in full force and effect and
provides for the transfer of the Western Branch Pipeline to the Authority; and, WHEREAS, the Authority, Suffolk and Isle of Wight desire to complete
the transfer for the Western Branch Pipeline to the Authority.
NOW, THEREFORE, BE IT RESOLVED, by the Isle of Wight
County Board of Supervisors, that the County Administrator is hereby
authorized to execute on behalf of Isle of Wight County a transfer agreement
by and among the Authority, Suffolk, and Isle of Wight for the purpose of transferring Suffolk’s right, title, and interest in and to the Western Branch
Pipeline, together with such other documents or instruments as may be
necessary and appropriate to effectuate such transfer, including, but not limited
to, a bill of sale conveying the pipeline and related personality to the Authority, a utility easements assignment and assumption agreement assigning certain
related pipeline easements to the Authority, and a Tax Status Maintenance
Agreement, the form of such transfer agreement being materially consistent
with the agreement attached hereto as Exhibit A.
Adopted this 19th day of May, 2016.
Rex W. Alphin, Chairman Isle of Wight County
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
DRAFT 4/14/16
WESTERN BRANCH PIPELINE TRANSFER AGREEMENT THIS WESTERN BRANCH PIPELINE TRANSFER AGREEMENT (this “Agreement”) is made effective this ___ day of __________, 2016, by and between the Western
Tidewater Water Authority (the “Authority”), a public body politic and corporate formed pursuant
to the Virginia Water and Waste Authorities Act, Virginia Code § 15.2-5100 et seq., and the City of Suffolk, Virginia (“Suffolk”), a municipal corporation of the Commonwealth of Virginia and member jurisdiction of the Authority, and joined by the County of Isle of Wight, Virginia (“Isle of Wight”), a political subdivision of the Commonwealth of Virginia and member jurisdiction of
the Authority (each a “Party” and collectively the “Parties”).
BACKGROUND WHEREAS, Suffolk and Isle of Wight formed the Authority in 1998 for the purposes of
acquiring, financing, constructing, leasing, operating, and maintaining facilities for the production,
impoundment, treatment, and transmission of water on a cooperative, regional basis; WHEREAS, the Parties entered into the Amended and Restated Agreement Among Western Tidewater Water Authority, the City of Suffolk, and the County of Isle of Wight, dated
February 21, 2006, and subsequently entered into the Western Tidewater Regional Water
Agreement dated September 29, 2009 (referred to herein, inclusive of any subsequent amendments, as the “Authority Agreement), which superseded the 2006 agreement; WHEREAS, in order to secure a source of raw water to meet the long term needs of
Suffolk and Isle of Wight, the Parties jointly entered into the Norfolk-WTWA Raw Water Sales
Agreement (the “Norfolk Agreement”) with the City of Norfolk (“Norfolk”) on September 29, 2009, which provides for the sale and delivery of raw water to the Authority in the amount of 3.0 million gallons per day (avg.) in FY2009, increasing incrementally over time to 15.0 million gallons per day (avg.) by FY2038;
WHEREAS, the primary delivery point for raw water delivered to the Authority under the Norfolk Agreement is Norfolk’s Western Branch Pump Station, but at the time that agreement was executed, no pipeline or associated infrastructure existed to convey raw water from the primary delivery point to Suffolk’s Lone Star Lakes Reservoir, from which it may be supplied to Suffolk’s
G. Robert House, Jr. Water Treatment Plant (the “Water Plant”) for treatment;
WHEREAS, the Authority Agreement authorizes Suffolk to design and construct the Project (as defined below) on behalf of the Authority as necessary to convey raw water delivered under the Norfolk Agreement to the Water Plant;
WHEREAS, the Project has been designed, constructed, and placed into operation in accordance with the Authority Agreement;
DRAFT 4/14/16
2
WHEREAS, the Authority Agreement further provides that capital costs of the Project
shall be allocated to and paid by the Member Jurisdictions (Suffolk 75% and Isle of Wight 25%), which payments are current; WHEREAS, the Authority Agreement requires that Suffolk convey ownership of the Project to the Authority upon completion;
WHEREAS, the Parties entered into a Right-of-Way License Agreement (the “License Agreement”) on May 7, 2013 granting the Authority the right and license to construct, expand, improve, maintain, and operate any water transmission pipeline then owned by, or thereafter acquired by, the Authority upon, beneath, across, or through rights-of-way and other real property
held by Suffolk; WHEREAS, Suffolk and the Authority have entered into this Agreement to provide for the transfer of the Project to the Authority upon the terms and subject to the conditions herein; and
WHEREAS, Isle of Wight has executed this Agreement solely for the purpose of evidencing its consent to the terms hereof. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, including the terms and conditions of the Authority Agreement, and the mutual covenants and conditions herein, the Parties hereby agree as follows:
1. Project Description. The “Project” includes certain equipment and other property,
including without limitation the following: a. Western Branch Pipeline. The “Western Branch Pipeline” includes all component parts thereof, including, but not limited to the 36” pipeline and terminal outfall
structure, of that certain water transmission main that originates at Norfolk’s Western Branch
Pump Station and continues to and terminates in Suffolk’s Lone Star Lakes reservoir, Lake F, as the pipeline is more particularly shown on plans on file at the Office of the Public Utilities Director for Suffolk and in the location generally depicted on the map attached hereto as Exhibit A.
b. Utility Easements. The “Utility Easements” means those fifteen (15) utility
easements granted to Suffolk pursuant to the easement agreements more particularly described on Exhibit B attached hereto (together, the “Utility Easement Agreements”). 2. Transfer of the Project. Suffolk shall transfer the Project to the Authority, and the
Authority shall accept such transfer from Suffolk, at the Closing (as defined below) on the Closing
Date (as defined below) as follows: a. Western Branch Pipeline. Suffolk shall grant, transfer, set over and deliver all items of personalty related to or comprising a part of the Project, including without limitation
the Western Branch Pipeline, pursuant to a bill of sale in a form substantially similar to the form
DRAFT 4/14/16
3
attached hereto as Exhibit D which form the Parties hereby acknowledge is reasonably satisfactory
(the “Bill of Sale”). b. Utility Easements. Suffolk shall assign, transfer and convey all of its interest in and to the Utility Easements as set forth in the Utility Easement Agreements, and the
Authority shall accept and assume the same, pursuant to an assignment and assumption agreement
in form substantially similar to the form attached hereto as Exhibit C, which form the Parties hereby acknowledge is reasonably satisfactory (the “Utility Easements Assignment”). 3. License for Use of Suffolk Real Property. The Authority’s right and license for the
use of Suffolk rights-of-way and other real property is set forth in the License Agreement. The as-
built locations of segments of the Western Branch Pipeline traversing Suffolk’s rights-of-way and other real property are depicted generally in Exhibit A hereto. This Exhibit A shall be appended in the same form to the License Agreement as “Exhibit C: Western Branch Pipeline” thereto in accordance with Paragraph 2 of the License Agreement.
4. Closing Date and Location. The closing of the transaction provided for in this Agreement (the “Closing”) shall take place at the offices of AquaLaw PLC, 6 South 5th Street, Richmond, Virginia, on June 1, 2016, or at such other time and location to which the Parties may mutually agree (such date of the Closing, the “Closing Date”).
5. Suffolk’s Obligations at Closing. At the Closing, Suffolk shall deliver to the Authority: a. three (3) duly executed and notarized counterparts of the Bill of Sale;
b. three (3) duly executed and notarized counterparts of the Utility Easements Assignment; c. such additional documents as shall be reasonably required to consummate the transaction contemplated by this Agreement; and
d. possession and occupancy of the Project. 6. Authority’s Obligations at Closing. At the Closing, the Authority shall deliver to
Suffolk:
a. three (3) duly executed and notarized counterparts of the Bill of Sale; b. three (3) duly executed and notarized counterparts of the Utility Easements Assignment; and
c. such additional documents as shall be reasonably required to consummate the transaction contemplated by this Agreement.
DRAFT 4/14/16
4
7. Exhibits. All exhibits attached hereto shall be deemed to be an integral part of this
Agreement. 8. Further Assurances. Each Party shall execute and deliver such other instruments or documents and take such other actions, whether prior or subsequent to the Closing, as may be
reasonably requested by another Party to consummate more effectively the purposes or subject
matter of this Agreement, including but not limited to such actions as may be necessary to subordinate the rights of any mortgagee to the rights of the Authority pursuant to any of the Utility Easement Agreements. The provisions of this paragraph shall survive the Closing or any early termination of this Agreement.
9. Assignment. This Agreement may not be assigned by any Party without the prior written consent of all other Parties. 10. Interpretation. This Agreement shall be construed in accordance with and governed
for all purposes by the laws of the Commonwealth of Virginia and shall be interpreted as if it were
mutually drafted by the Parties. 11. Severability. Should any provision of this Agreement be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that fact shall not affect or invalidate any
other provision, which shall remain in full force and effect. It is the intent of the Parties that in
lieu of any provision of this Agreement that is illegal, invalid, or unenforceable, the parties in good faith shall supply as part of this Agreement a legal, valid, and enforceable provision as similar to such illegal, invalid, or unenforceable provision as may be possible.
12. Integration. Except as provided in the Authority Agreement, this Agreement
contains all commitments and agreements of the Parties with respect to the subject matter of this Agreement and no verbal or written commitments other than this Agreement shall have any force or effect regarding the subject matter hereof.
13. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile or scanned signature may substitute for and have the same legal effect as an original signature, and any copy of this executed Agreement made by photocopy, facsimile, or scanner shall be considered the original.
14. Isle of Wight Approval. Isle of Wight joins in this Agreement solely for the purpose of evidencing its consent to the terms hereof. 15. Power and Authority of the Parties. Each Party represents and warrants that it has
full power and authority to enter into and perform this Agreement and that a true copy of a duly
adopted resolution or similar approval of its governing body authorizing the execution of this Agreement by the undersigned is attached hereto as Exhibit E. IN WITNESS WHEREOF, the Western Tidewater Water Authority, the City of Suffolk,
and the County of Isle of Wight have caused this Agreement to be signed in their names and on
DRAFT 4/14/16
5
their behalf by the Chairman of the Board of Directors, the City Manager, and the County
Administrator, respectively. [SIGNATURES BEGIN ON FOLLOWING PAGE]
DRAFT 4/14/16
6
WESTERN TIDEWATER WATER AUTHORITY By: _________________________ Michael D. Duman Chairman of the Board of Directors
ATTEST: _________________________
Albert S. Moor, II Secretary [SIGNATURES CONTINUE ON FOLLOWING PAGE]
DRAFT 4/14/16
7
CITY OF SUFFOLK, VIRGINIA By: _________________________ Patrick Roberts City Manager
ATTEST: ________________________
Erika S. Dawley City Clerk APPROVED AS TO FORM:
________________________ Helivi L. Holland City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
DRAFT 4/14/16
8
COUNTY OF ISLE OF WIGHT By: __________________________ Sanford B. Wanner Interim County Administrator
ATTEST: _______________________
Carey Mills Storm County Clerk APPROVED AS TO FORM:
_______________________ Mark C. Popovich County Attorney
DRAFT 4/14/16
9
WESTERN BRANCH PIPELINE TRANSFER AGREEMENT LIST OF EXHIBITS Exhibit A – Project Map Exhibit B – Utility Easements Exhibit C – Form of Utility Easements Assignment
Exhibit D – Form of Bill of Sale Exhibit E – Resolutions of Governing Bodies
DRAFT 4/14/16
10
WESTERN BRANCH PIPELINE PIPELINE TRANSFER AGREEMENT EXHIBIT A PROJECT MAP
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11
[INSERT PROJECT MAP HERE]
DRAFT 4/14/16
12
WESTERN BRANCH PIPELINE TRANSFER AGREEMENT EXHIBIT B UTILITY EASEMENTS 1. Utility Easement City of Suffolk, by and between EMS, LLC, grantor, and the City of Suffolk, Virginia, grantee, dated January 28, 2013, recorded in the Clerk’s Office for the Circuit Court of the City of Suffolk, Virginia (the “Clerk’s Office”) on January 28, 2013, as Instrument Number 20130128000020270, and confirmed by Order of the Circuit Court for the City of Suffolk on July 5, 2013, as recorded in the Clerk’s Office on July 9, 2013,
as Instrument Number 20130709000145280. 2. Utility Easement City of Suffolk, by and between Raymond E. Butler, Jr. and John Robert Butler a/k/a John Robert Butler, Sr., grantors, and the City of Suffolk, Virginia, grantee, dated August 29, 2012, recorded in the Clerk’s Office on September 19, 2012, as
Instrument Number 20120919000180130. 3. Utility Easement City of Suffolk, by and between Samuel B. Howell, Sr. a/k/a Samuel Bedford Howell and Teresa L. Howell, grantors, and the City of Suffolk, Virginia, grantee, dated February 15, 2013, recorded in the Clerk’s Office on February 28, 2013, as
Instrument Number 20130228000044710; and the Certificate of Subordination given by Anheuser Busch Employees’ Credit Union dated February 11, 2013, recorded in the Clerk’s Office on February 28, 2013, as Instrument Number 20130228000044750; and the Certificate of Subordination given by Farmers Bank dated February 27, 2013, recorded in the Clerk’s Office on February 28, 2013, as Instrument Number 20130228000044760.
4. Utility Easement City of Suffolk, by and between Joan G. Evans and Carla J. Griggs f/k/a Carla J. Speer, grantors, and the City of Suffolk, Virginia, grantee, dated March 16, 2015, recorded in the Clerk’s Office on April 16, 2015, as Instrument Number 150060180.
5. Utility Easement City of Suffolk, by and between Kirk IOW Properties, LLC; Herman Melvin Kunkle, Jr. a/k/a Herman Melville Kunkle, Jr.; James A. Kunkle a/k/a James Arthur Kunkle; Timothy Kunkle a/k/a Timothy Lawrence Kunkle; and Mary Kunkle Goodenow f/k/a/ Mary Louise Kunkle, grantors, and the City of Suffolk, Virginia, grantee, dated
October 6, 2014, recorded in the Clerk’s Office on January 13, 2015, as Instrument Number
20150113000006200. 6. Utility Easement City of Suffolk, by and between Doris L. Lilley, Trustee of the James P. Lilley and Doris L. Lilley Revocable Living Trust, Jerry L. Lilley, James R. Lilley, and
Larry T. Lilley, grantors, and the City of Suffolk, Virginia, grantee, dated July 9, 2014,
recorded in the Clerk’s Office on August 22, 2014, as Instrument Number 20140822000139840. 7. Utility Easement City of Suffolk, by and between Morgan Odom Smith, grantor, and the
City of Suffolk, Virginia, grantee, dated October 21, 2013, recorded in the Clerk’s Office
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on October 23, 2013, as Instrument Number 20131023000221210, and confirmed by Order
of the Circuit Court for the City of Suffolk on March 24, 2015, as recorded in the Clerk’s Office on March 30, 2015, as Instrument Number 20150330000047870. 8. Utility Easement City of Suffolk, by and between Kirk IOW Properties, LLC, grantor, and the City of Suffolk, Virginia, grantee, dated October 29, 2014, recorded in the Clerk’s
Office on November 18, 2014, as Instrument Number 20141118000188840. 9. Utility Easement City of Suffolk, by and between Martin Williams, John E. Price, Nicholas Newton, and Nicole G. Vandyke, Trustees of the New Baptist Community Church, grantors, and the City of Suffolk, Virginia, grantee, dated April 9, 2014, recorded in the
Clerk’s Office on May 20, 2014, as Instrument Number 20140520000082660. 10. Utility Easement City of Suffolk, by and between Eddie R. Creekmore, Jr. and Sharon P. Creekmore, grantors, and the City of Suffolk, Virginia, grantee, dated December 22, 2014,
recorded in the Clerk’s Office on January 27, 2015, as Instrument Number
20150127000013910. 11. Utility Easement City of Suffolk, by and between Eddie R. Creekmore, Jr. and Sharon P. Creekmore, Trustees of the Eddie R. Creekmore, Jr. Trust Dated March 19, 1997 and Eddie
R. Creekmore Jr. and Sharon P. Creekmore, Trustees of the Sharon P. Creekmore Trust
Dated March 19, 1997, grantors, and the City of Suffolk, Virginia, grantee, dated December 22, 2014, recorded in the Clerk’s Office on January 27, 2015, as Instrument Number 20150127000013900.
12. Utility Easement City of Suffolk, by and between Industrial Development Authority of the
City of Franklin, Virginia, grantor, and the City of Suffolk, Virginia, grantee, dated November 18, 2015, recorded in the Clerk’s Office on December 9, 2015, as Instrument Number 150069250.
13. Utility Easement City of Suffolk, by and between Virginia Electric and Power Company,
grantor, and the City of Suffolk, Virginia, grantee, dated August 27, 2014, recorded in the Clerk’s Office on October 1, 2014, as Instrument Number 20141001000161840. 14. Utility Easement City of Suffolk, by and between J. Samuel Glasscock, Thomas J.
Glasscock, Linda G. Bunch, and Lisa G. Miller, grantors, and the City of Suffolk, Virginia,
grantee, dated October 7, 2014, recorded in the Clerk’s Office on October 29, 2014, as Instrument Number 20141029000177840. 15. Utility Easement City of Suffolk, by and between Chuckatuck Volunteer Fire Department
Incorporated, grantor, and the City of Suffolk, Virginia, grantee, dated April 23, 2014,
recorded in the Clerk’s Office on May 15, 2014, as Instrument Number 20140515000079920.
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WESTERN BRANCH PIPELINE TRANSFER AGREEMENT EXHIBIT C UTILITY EASEMENTS ASSIGNMENT
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Exempt Under Va. Code § 58.1-811 Prepared By/Return To: Tax Parcel Nos.: Christopher D. Pomeroy, Esq. Consideration: $0.00 AquaLaw PLC
6 South 5th Street
Richmond, Virginia 23219 UTILITY EASEMENTS ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS UTILITY EASEMENTS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is made as of the ___ day of __________, 2016, by and between assignor the CITY OF SUFFOLK, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (“Suffolk”), and assignee the WESTERN TIDEWATER WATER
AUTHORITY, a public body corporate and politic of the Commonwealth of Virginia (the
“Authority”). WITNESSETH:
WHEREAS, pursuant to the Western Tidewater Regional Water Agreement dated
September 29, 2009 (the “Authority Agreement”), the Authority, Suffolk, and the County of Isle of Wight, a political subdivision of the Commonwealth of Virginia (“Isle of Wight”), provided for, among other things, the construction of a certain water transmission main known as the “Western Branch Pipeline” (the “Project”); and
WHEREAS, by the Authority Agreement, Suffolk agreed to transfer ownership of the Project upon completion thereof to the Authority; and WHEREAS, subsequent to the completion of the Project, the Authority, Suffolk and Isle
of Wight entered into the Western Branch Pipeline Transfer Agreement dated _____________,
2016 (the “Transfer Agreement”) to set forth the manner of the transfer of the Project from Suffolk to the Authority; WHEREAS, certain segments of the Project are located within utility easements across
private property pursuant to recorded utility easement agreements by and between Suffolk and the
various private property owners, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (collectively, the “Utility Easements”); WHEREAS, Suffolk has transferred its ownership of the Western Branch Pipeline,
including the 36” pipeline and terminal outfall, to the Authority, as evidenced by the Bill of Sale
attached here as Exhibit B; and WHEREAS, the Authority and Suffolk have entered into this Assignment to provide for the transfer of Suffolk’s rights and responsibilities under the Utility Easements to the Authority,
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and the Authority’s acceptance and assumption thereof, all as more particularly described herein,
as required by the Authority Agreement and the Transfer Agreement. NOW, THEREFORE, for and in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and Suffolk hereby agree as follows:
1. Suffolk hereby assigns and transfers to the Authority all of its right, title, and interest in and to the Utility Easements, including its interest and right in any subordination agreements associated with the Utility Easements.
2. The Authority hereby consents to and accepts assignment of the Utility Easements from Suffolk and, from and after the date hereof, assumes and shall be bound by all duties and obligations, if any, imposed upon Suffolk as the grantee therein.
3. This Assignment shall be binding upon and inure to the benefit of the Authority,
Suffolk, and their respective successors and assigns. 4. This Assignment shall be interpreted and construed in accordance with the laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Authority and Suffolk have executed this Assignment pursuant to due authority as of the day and year first above written. [SIGNATURES BEGIN ON FOLLOWING PAGE]
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CITY OF SUFFOLK, VIRGINIA By: _________________________ Patrick Roberts City Manager
ATTEST: ________________________
Erika S. Dawley City Clerk APPROVED AS TO FORM:
________________________ Helivi L. Holland City Attorney
COMMONWEALTH OF VIRGINIA CITY OF SUFFOLK, to-wit:
I, ___________________________, a Notary Public in and for the Commonwealth of Virginia At-Large, do certify that Patrick Roberts, the City Manager, and Erika S. Dawley, the City Clerk, both of the City of Suffolk, Virginia, a municipal corporation of the Commonwealth of Virginia, whose names are signed to the foregoing writing on behalf of the municipal corporation, have acknowledged the same before me.
Given under my hand this ___ day of __________ 2016.
___________________________________
Notary Public My Commission Expires: ______________________ Registration Number: ______________________
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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WESTERN TIDEWATER WATER AUTHORITY By: _________________________ Michael D. Duman Chairman of the Board of Directors
ATTEST: _________________________
Albert S. Moor, II Secretary COMMONWEALTH OF VIRGINIA
CITY OF SUFFOLK, to-wit: I, ___________________________, a Notary Public in and for the Commonwealth of Virginia At-Large, do certify that Michael D. Duman, Chairman of the Board of Directors, and Albert S. Moor, II, Secretary, both of the Western Tidewater Water Authority, a public body
corporate and politic of the Commonwealth of Virginia, whose names are signed to the foregoing writing on behalf of the Authority, have acknowledged the same before me. Given under my hand this ___ day of __________ 2016.
___________________________________ Notary Public My Commission Expires: ______________________
Registration Number: ______________________
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UTILITY EASEMENTS ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT A UTILITY EASEMENTS 1. Utility Easement City of Suffolk, by and between EMS, LLC, grantor, and the City of
Suffolk, Virginia, grantee, dated January 28, 2013, recorded in the Clerk’s Office for the Circuit Court of the City of Suffolk, Virginia (the “Clerk’s Office”) on January 28, 2013, as Instrument Number 20130128000020270, and confirmed by Order of the Circuit Court for the City of Suffolk on July 5, 2013, as recorded in the Clerk’s Office on July 9, 2013, as Instrument Number 20130709000145280.
2. Utility Easement City of Suffolk, by and between Raymond E. Butler, Jr. and John Robert Butler a/k/a John Robert Butler, Sr., grantors, and the City of Suffolk, Virginia, grantee, dated August 29, 2012, recorded in the Clerk’s Office on September 19, 2012, as Instrument Number 20120919000180130.
3. Utility Easement City of Suffolk, by and between Samuel B. Howell, Sr. a/k/a Samuel Bedford Howell and Teresa L. Howell, grantors, and the City of Suffolk, Virginia, grantee, dated February 15, 2013, recorded in the Clerk’s Office on February 28, 2013, as Instrument Number 20130228000044710; and the Certificate of Subordination given by
Anheuser Busch Employees’ Credit Union dated February 11, 2013, recorded in the Clerk’s Office on February 28, 2013, as Instrument Number 20130228000044750; and the Certificate of Subordination given by Farmers Bank dated February 27, 2013, recorded in the Clerk’s Office on February 28, 2013, as Instrument Number 20130228000044760.
4. Utility Easement City of Suffolk, by and between Joan G. Evans and Carla J. Griggs f/k/a Carla J. Speer, grantors, and the City of Suffolk, Virginia, grantee, dated March 16, 2015, recorded in the Clerk’s Office on April 16, 2015, as Instrument Number 150060180. 5. Utility Easement City of Suffolk, by and between Kirk IOW Properties, LLC; Herman
Melvin Kunkle, Jr. a/k/a Herman Melville Kunkle, Jr.; James A. Kunkle a/k/a James Arthur Kunkle; Timothy Kunkle a/k/a Timothy Lawrence Kunkle; and Mary Kunkle Goodenow f/k/a/ Mary Louise Kunkle, grantors, and the City of Suffolk, Virginia, grantee, dated October 6, 2014, recorded in the Clerk’s Office on January 13, 2015, as Instrument Number
20150113000006200.
6. Utility Easement City of Suffolk, by and between Doris L. Lilley, Trustee of the James P. Lilley and Doris L. Lilley Revocable Living Trust, Jerry L. Lilley, James R. Lilley, and Larry T. Lilley, grantors, and the City of Suffolk, Virginia, grantee, dated July 9, 2014,
recorded in the Clerk’s Office on August 22, 2014, as Instrument Number
20140822000139840. 7. Utility Easement City of Suffolk, by and between Morgan Odom Smith, grantor, and the City of Suffolk, Virginia, grantee, dated October 21, 2013, recorded in the Clerk’s Office
on October 23, 2013, as Instrument Number 20131023000221210, and confirmed by Order
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of the Circuit Court for the City of Suffolk on March 24, 2015, as recorded in the Clerk’s
Office on March 30, 2015, as Instrument Number 20150330000047870. 8. Utility Easement City of Suffolk, by and between Kirk IOW Properties, LLC, grantor, and the City of Suffolk, Virginia, grantee, dated October 29, 2014, recorded in the Clerk’s Office on November 18, 2014, as Instrument Number 20141118000188840.
9. Utility Easement City of Suffolk, by and between Martin Williams, John E. Price, Nicholas Newton, and Nicole G. Vandyke, Trustees of the New Baptist Community Church, grantors, and the City of Suffolk, Virginia, grantee, dated April 9, 2014, recorded in the Clerk’s Office on May 20, 2014, as Instrument Number 20140520000082660.
10. Utility Easement City of Suffolk, by and between Eddie R. Creekmore, Jr. and Sharon P. Creekmore, grantors, and the City of Suffolk, Virginia, grantee, dated December 22, 2014, recorded in the Clerk’s Office on January 27, 2015, as Instrument Number
20150127000013910.
11. Utility Easement City of Suffolk, by and between Eddie R. Creekmore, Jr. and Sharon P. Creekmore, Trustees of the Eddie R. Creekmore, Jr. Trust Dated March 19, 1997 and Eddie R. Creekmore Jr. and Sharon P. Creekmore, Trustees of the Sharon P. Creekmore Trust
Dated March 19, 1997, grantors, and the City of Suffolk, Virginia, grantee, dated December
22, 2014, recorded in the Clerk’s Office on January 27, 2015, as Instrument Number 20150127000013900. 12. Utility Easement City of Suffolk, by and between Industrial Development Authority of the
City of Franklin, Virginia, grantor, and the City of Suffolk, Virginia, grantee, dated
November 18, 2015, recorded in the Clerk’s Office on December 9, 2015, as Instrument Number 150069250. 13. Utility Easement City of Suffolk, by and between Virginia Electric and Power Company,
grantor, and the City of Suffolk, Virginia, grantee, dated August 27, 2014, recorded in the
Clerk’s Office on October 1, 2014, as Instrument Number 20141001000161840. 14. Utility Easement City of Suffolk, by and between J. Samuel Glasscock, Thomas J. Glasscock, Linda G. Bunch, and Lisa G. Miller, grantors, and the City of Suffolk, Virginia,
grantee, dated October 7, 2014, recorded in the Clerk’s Office on October 29, 2014, as
Instrument Number 20141029000177840. 15. Utility Easement City of Suffolk, by and between Chuckatuck Volunteer Fire Department Incorporated, grantor, and the City of Suffolk, Virginia, grantee, dated April 23, 2014,
recorded in the Clerk’s Office on May 15, 2014, as Instrument Number
20140515000079920.
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UTILITY EASEMENTS ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT B BILL OF SALE
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[ATTACH EXECUTED BILL OF SALE HERE]
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WESTERN BRANCH PIPELINE TRANSFER AGREEMENT EXHIBIT D BILL OF SALE
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BILL OF SALE THIS BILL OF SALE is made as of the ___ day of __________, 2016, by and between the CITY OF SUFFOLK, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (“Suffolk”), and the WESTERN TIDEWATER WATER AUTHORITY, a public
body corporate and politic of the Commonwealth of Virginia (the “Authority”).
WITNESSETH: WHEREAS, pursuant to the Western Tidewater Regional Water Agreement dated
September 29, 2009 (the “Authority Agreement”), the Authority, Suffolk, and the County of Isle
of Wight, a political subdivision of the Commonwealth of Virginia (“Isle of Wight”) provided for, among other things, the construction of a certain water transmission main known as the “Western Branch Pipeline” (the “Project”); and
WHEREAS, by the Authority Agreement, Suffolk agreed to transfer ownership of the
Project upon completion thereof to the Authority; and WHEREAS, subsequent to the completion of the Project, the Authority, Suffolk and Isle of Wight entered into the Western Branch Pipeline Transfer Agreement dated _____________,
2016 (the “Transfer Agreement”) to set forth the manner of the transfer of the Project from Suffolk
to the Authority; and WHEREAS, the Transfer Agreement provides that Suffolk shall transfer all items of personalty comprising a part of the Project, including without limitation the pipeline.
NOW, THEREFORE, for and in consideration of the foregoing and other good and valuable consideration provided to Suffolk by the Authority, the receipt and sufficiency of which are hereby acknowledged by Suffolk, Suffolk hereby grants, transfers, sets over and delivers, to the Authority, its successors and assigns, all right, title, and interest in all components of the Western Branch Pipeline in the location generally depicted on the map attached hereto as Exhibit
A, as the pipeline is more particularly shown on plans on file at the Office of the Public Utilities Director for Suffolk, including, but not limited to the 36” pipeline and terminal outfall structure, of that certain water transmission main that originates at Norfolk’s Western Branch Pump Station and continues to and terminates in Suffolk’s Lone Star Lakes reservoir, Lake F. All components
of the pipeline thus described shall be considered personalty included in this bill of sale and shall
not be considered fixtures. TO HAVE AND TO HOLD the Personal Property unto the Authority and its assigns forever.
THE DESCRIBED PERSONAL PROPERTY IS GRANTED, TRANSFERRED, SET OVER AND DELIVERED “AS-IS, WHERE-IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN AS TO TITLE. BY ACCEPTING THIS BILL OF SALE, THE AUTHORITY REPRESENTS THAT IT HAS INSPECTED THE
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PERSONAL PROPERTY AND ACCEPTS THE PERSONAL PROPERTY “AS-IS, WHERE-IS.” IN WITNESS WHEREOF, Suffolk has executed this Bill of Sale as of the day and year first above written.
CITY OF SUFFOLK, VIRGINIA By: _________________________ Patrick Roberts
City Manager ATTEST: _______________________ Erika S. Dawley
City Clerk APPROVED AS TO FORM: ________________________ Helivi L. Holland
City Attorney COMMONWEALTH OF VIRGINIA CITY OF SUFFOLK, to-wit:
I, ___________________________, a Notary Public in and for the Commonwealth of Virginia At-Large, do certify that Patrick Roberts, the City Manager, and Erika S. Dawley, the City Clerk, both of the City of Suffolk, Virginia, a municipal corporation of the Commonwealth of Virginia, whose names are signed to the foregoing writing on behalf of the municipal corporation, have acknowledged the same before me.
Given under my hand this ___ day of __________ 2016. ___________________________________
Notary Public
My Commission Expires: ______________________ Registration Number: ______________________
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WESTERN TIDEWATER WATER AUTHORITY By: _________________________ Michael D. Duman Chairman of the Board of Directors
ATTEST: _________________________
Albert S. Moor, II Secretary COMMONWEALTH OF VIRGINIA
CITY OF SUFFOLK, to-wit: I, ___________________________, a Notary Public in and for the Commonwealth of Virginia At-Large, do certify that Michael D. Duman, Chairman of the Board of Directors, and Albert S. Moor, II, Secretary, both of the Western Tidewater Water Authority, a public body
corporate and politic of the Commonwealth of Virginia, whose names are signed to the foregoing writing on behalf of the Authority, have acknowledged the same before me. Given under my hand this ___ day of __________ 2016.
___________________________________ Notary Public My Commission Expires: ______________________
Registration Number: ______________________
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BILL OF SALE EXHIBIT A PROJECT MAP
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[INSERT PROJECT MAP HERE]
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WESTERN BRANCH PIPELINE TRANSFER AGREEMENT EXHIBIT G RESOLUTIONS OF GOVERNING BODIES
May 19, 2016/MCP
ISSUE:
Approve Proposed Water and Sewer Agreement Between the
Town of Smithfield and Isle of Wight County
BACKGROUND:
At the Smithfield Intergovernmental Meeting, held on April 19, 2016, representatives from the Town of Smithfield and Isle of
Wight County discussed the need to enter into a new water and
sewer agreement as the prior agreements had expired. After
discussing the proposed terms of said agreement, the Town and County attorneys were tasked with developing an appropriate
agreement in accordance with the discussed terms.
BUDGETARY IMPACT:
Current Proposed Difference
Water
Gallons/year 39,178,066 39,178,066 -
Rate $6.41/thousand $6.10/thousand $0.31
Cost/year $251,131 $238,986 $12,145
Sewer
No. of customers 507 507 -
Rate $1.50/month $2.50/month ($1.00)
Cost/year $9,126 $15,210 ($6,084)
Total $6,061
Results in an annual savings of $6,061.
RECOMMENDATION: Authorize the Chairman to execute the proposed Water and Sewer
Agreement with the Town of Smithfield.
May 19, 2016/MCP
ATTACHMENTS:
Proposed Water and Sewer Agreement
WATER AND SEWERSEWER SERVICES AGREEMENT BY AND BETWEEN ISLE OF WIGHT COUNTY, VIRGINIA AND THE TOWN OF SMITHFIELD, VIRGINIA THIS AGREEMENT is made and entered into this ___ day of _____________________, 2016 by and between Isle of Wight County, Virginia, a body politic of the Commonwealth of Virginia (hereinafter referred to as “the County”), and the Town of Smithfield, Virginia, a Virginia municipal corporation situate in Isle of Wight County, Virginia (hereinafter “the Town”). WITNESSETH: WHEREAS, the County and the Town each own, operate and maintain separate water and sewer systems which systems have been subject to pending agreements that affect these respective utilities; and, WHEREAS, the utility agreements between the Town and the County have expired and the parties have agreed upon mutually acceptable termswish to continue their relationship whereby the Town shall provide water to the Gatling Pointe and Gatling Pointe South subdivisions and Battery Park service area; the County shall providedprovide water to the Town from time to time as the Town may need additional water to service its customers; and the Town shall continue to provide sewer collection services for the Gatling Pointe and Gatling Pointe South subdivisions; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is agreed as follows: WATER
ARTICLE 1 WATER 1. The County and Town acknowledge and agree that, effective ____________,July 1, 2016, the receiving party shall pay the providing party $6.2410 per 1,000 gallons of water provided during the term of this agreement. Billing shall be provided by the providing party to the receiving party on a bi-monthly basis. After the close of the fiscal year, or as soon as practicable thereafter, the parties shall complete a true-up schedule usage, rates and annual billings for the prior fiscal year, which reflects the actual audited use of the water being provided to the receiving party. 2. The County and Town agree and acknowledge that the sale of water from the Town to the County is intended to provide the amount of water needed for the County to
2
supply water to its customers in the Gatling Pointe and Gatling Pointe South subdivisions and other lots within the Gatling Pointe/Battery Park service area, which areas lie outside the Town limits and which are currently being served by the Town in an amount estimated to be approximately One Hundred Fourteen Thousand Five Hundred (114,500,000) gallons per day. 3. The County shall make water available to the Town on an as needed basis in the event that the Town is unable to provide sufficient water for service to its customers, provided there is sufficient capacity for the needs of the Town in the County’s system. 4. The Town shall be responsible for any and all capital, maintenance, operational or other costs associated with the delivery of County water to Town customers. within its jurisdictional limits. The County shall be responsible for any and all capital, maintenance, operational or other costs associated with the delivery of Town water to County customers. within its jurisdictional limits.
5. The Town acknowledges and agrees that the water provided by the County is treated water. As such, the Town agrees that such treated water cannot and shall not be mixed with untreated water, all in accordance with applicable statutory and regulatory requirements of the Commonwealth of Virginia. The County shall be responsible for meeting applicable water quality requirements at the point where County water enters the Town system, and the Town shall be responsible for meeting applicable water quality requirements after that point including with respect to all water delivered by the Town to the Gatling Pointe subdivisions and other lots within the County’s Gatling Pointe/Battery Park service area. 6. The parties hereto agree that if any incident should occur which may result in financial penalties or civil actions, then such incident shall be investigated by a third party, independent engineering firm to be agreed upon by the parties. The cost for such investigation shall be borne equally by the parties. In the event such investigation determines that the Town or County is solely or partly responsible for damages caused by the incident and such investigation results are agreed upon by the parties, the responsible party shall be solely and individually responsible for any and all financial penalties or civil actions. In the event that the parties cannot agree to the results of the third party investigation the parties agree to submit the matter to binding arbitration. SEWER ARTICLE 2 SEWER 1. The County and Town acknowledge that sewerage flows from the Gatling Pointe residential subdivision and other lots within the County’s Gatling Pointe/Battery Park service area may continue to flow through a portion of the Town’s public
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3
sewer force main system prior to discharge into the Hampton Roads Sanitation District sewer interceptor. The Town agrees that said flows may continue flowing through its system, and that the Town shall be responsible for the costs of maintaining all public sewer force main lines within the Town’s boundaries. 2. In consideration of this continuing obligation to maintain all sewer force main lines within the Town’s boundaries, the County agrees to pay the Town a monthly surcharge in the amount of $2.50 per month for each residential and commercial connection which shall be paid by the County on a bi-monthly basis. 3. Both the Town and County shall comply with their respective obligations as set forth in their respective Special Orders by Consent with VDEQ, recognizing the interdependency and integrity of their respective public sewer collection systems. 4. The County acknowledges the Town’s ownership of the sewer force main located within the Town’s boundaries and that the Town reserves the right to allow connections to such force main within the Town’s boundaries at its sole discretion, without interference from the County, either by connection to a facility which
discharges to the force main or by direct connection to the force main. The Town acknowledges that any such additional connections to the Town’s sewer force main may impact the County’s sewer system. Therefore, the Town shall notify the County ninety (90) days prior to any final action by the Town Council which may result in the authorization of new connections which are not authorized as of the effective date of this agreement. The purpose of this notice is to give the County an opportunity for review and comment. If such proposed additional connection(s) would result in impacts that require upgrades to the County’s sewer system infrastructure, the Town hereby agrees to take whatever actions it deems necessary in order to provide the County with the necessary upgrade costs. Any additional upgrades, beyond what is required for the approved impacts, shall be performed at the sole expense of the party seeking such upgrades to their system. 5. The County acknowledges that the Town’s sewer force main discharges to the Hampton Roads Sanitation District (HRSD) wastewater conveyance system and that the pressure in the HRSD system may from time to time adversely affect operations of both the Town’s and the County’s waste water sewer systems. The County further acknowledges that the Town has no authority or control over the pressure in the HRSD system. Neither party bears any responsibility for any adverse pressures nor bears any responsibility for any costs that the other may incur resulting from any measures to mitigate the adverse impacts, including costs related to any enforcement activities for sewer system overflows as a result thereof. However, if any party makes changes to the sewer system to mitigate the adverse impacts from HRSD, such party shall notify the other party of such mitigation measures.
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6. Notwithstanding the provisions of Section 5 above, the parties agree that any adverse pressures resulting in sanitary sewer overflows which may result in financial penalties or civil actions pursuant to the Special Order by Consent with VDEQ shall be investigated by a third party, independent engineering firm, to be agreed upon by the parties. Costs for such investigation shall be borne equally by the parties. In the event such investigation determines that the Town or County is solely or partly at fault for such sanitary sewer overflow and such investigative results are agreed upon by the parties, the responsible party shall by solely and individually responsible for any and all financial penalties or civil actions imposed under the Special Order by Consent. In the event the parties cannot agree to the results of the independent third party investigation, the parties agree to submit the matter to binding arbitration. DURATION: ARTICLE 3 TERM This agreement shall be in effect for a period of two (2) years from the date of final adoption by both parties.effective date TASK FORCE: ARTICLE 4 WATER AND SEWER TASK FORCE In further consideration hereof, the parties agree that they will form a task force to include representatives from the County of Isle of Wight, the Town of Smithfield and the Town of Windsor (the “Task Force”). The purpose of the Task Force is to enter into discussions for the long term planning for water and sewer utility services to all current and future customers of the three localities. The task forceTask Force shall emphasize cooperation among the parties so as to plan for and secure water and sewer services for all customers, both within the towns and the county, atwith the goal of establishing stable and affordable rates over the long term. The Task Force shall provide each of the three localities with its recommendations for such future operations no later than December 31, 2016. WITNESS the following signatures to this Agreement, the Isle of Wight County Board of Supervisors having authorized its County Administrator to execute this Agreement on behalf of the County pursuant to a motion adopted by the Isle of Wight County Board of Supervisors on __________________________, 2016 and the Smithfield Town Council having authorized the Town Manager to execute this Agreement on behalf of the Town pursuant to a resolution adopted by the Smithfield Town Council on ____________________________, 2016.
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SIGNATURES TO FOLLOW ON NEXT PAGE
ISLE OF WIGHT COUNTY, VIRGINIA TOWN OF SMITHFIELD, VIRGINIA Sanford B. Wanner Peter M. Stephenson Interim County Administrator Town Manager Attest: Attest: Carey Mills Storm, Clerk Lesley G. King, Clerk Approved as to Form: Approved as to Form:
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Mark C. Popovich William H. Riddick, III County Attorney Town Attorney
ISSUE:
Motion to Adopt an Ordinance to Amend and Reenact the Isle of Wight
County Code, Appendix B, Zoning: Article III, Use Types and Article IV, Zoning Districts and Boundaries in order to add Wholesale Sales to
the list of Commercial Use Types, to modify the definition of
Warehousing and Distribution as an Industrial Use Type, and to provide
for Wholesale Sales as a use under the appropriate Zoning District provision.
BACKGROUND: Revisions to the Zoning Ordinance are being proposed by staff to address
Wholesale Sales, a pre-1997 use that was left out of the 1997 and 2005
re-writes of the Zoning Ordinance. Staff believes the intent may have been to lump the use into Warehousing and Distribution which is an Industrial Use Type; however, a separation of the uses is warranted to
allow for Wholesale Sales, a less intense use, to be permitted in
additional zoning classifications. Staff is proposing the creation of a new use type definition for Wholesale
Sales as a Commercial Use Type, separating the use from Warehousing
and Distribution under the Industrial Use Type. The definition would include businesses that publish and operate mail order catalogues and wholesale operations that buy in large quantities for repackage or resale
to mail order and internet sales customers.
Wholesale Sales is being proposed as a “Conditional” use in the Rural Agricultural Conservation (RAC) and Planned Development Mixed Use
(PD-MX) districts, and “Permitted” in the Village Center (VC), Limited
Commercial (LC), General Commercial (GC), Limited Industrial (LI), General Industrial (GI), General Industrial Conservation (GIC), Planned Development Commercial Park (PD-CP), and Planned Development
Industrial Park (PD-IP) districts.
RECOMMENDATION:
The Planning Commission held a public hearing on the zoning
amendment at its April 26, 2016 meeting and voted unanimously to recommend approval. Staff recommends approval of the amendment.
ATTACHMENTS:
Planning Report
Planning Commission Meeting of April 7, 2016
BHW
Zoning Ordinance Amendment
PLANNING REPORT
APPLICATION:
An Ordinance to amend and reenact the following sections of the Isle
of Wight County Code, Appendix B, Zoning: Article III, Use Types and Article IV, Zoning Districts and Boundaries in order to add
Wholesale Sales to the list of Commercial Use Types, to modify the
definition of Warehousing and Distribution as an Industrial Use Type,
and to provide for Wholesale Sales as a use under the appropriate Zoning District provision.
ELECTION DISTRICT:
All Districts
LOCATION:
County-wide
BACKGROUND:
The following revisions to the Zoning Ordinance are being proposed by
Staff, to address a pre-1997 use that was left out of the 1997 and 2005
re-write of the Zoning Ordinance, specifically Wholesale Sales. Staff
believes the intent may have been to lump the use into Warehousing
and Distribution which is an Industrial Use Type. However, after
working with an applicant who desires to operate a mail order business
on a much smaller scale than a typical Warehousing Distribution
business, such as Cost Plus World Market or Safco, Staff believes that
Planning Commission Meeting of April 7, 2016
BHW
Zoning Ordinance Amendment
a separation of the uses is warranted to allow for Wholesale Sales, a
less intense use, to be permitted in additional zoning classifications.
The specific use being requested by the applicant entails the purchase
of peanuts in bulk, repackaging and reselling them primarily via mail
order and internet sales.
In order to accommodate the applicant’s timeline, Staff expedited this
Zoning Ordinance amendment by advertising the related amendment
for consideration at the same meeting but prior to the applicant’s
request to amend conditions to include Wholesale Sales on an existing
commercially zoned property.
DESCRIPTION:
Staff proposes to create a new use type definition for Wholesale Sales
as a Commercial Use Type, separating the use from Warehousing and
Distribution under the Industrial Use Type. Included under Wholesale
sales are businesses that publish and operate mail order catalogues and
wholesale operations that buy in large quantities for repackage or resale
to mail order and internet sales customers.
The proposed definition reads as follows: Wholesale sales.\ Businesses
engaged in the sale of goods primarily via mail order to other
businesses and/or businesses engaged in the repackaging and resale of
goods. Included in this use type are businesses that publish and operate
mail order catalogues and wholesale operations that buy in large
quantities for repackage or resale to mail order and internet sales
customers. This use shall exclude Warehousing and Distribution,
which is regulated as a separate use.
Planning Commission Meeting of April 7, 2016
BHW
Zoning Ordinance Amendment
The operative word in the definition is “mail order” making it different
and distinct from Warehousing and Distribution, which entails shipping
and distribution primarily via vehicle transport.
Wholesale Sales is being proposed as a “Conditional” use in the Rural
Agricultural Conservation (RAC) and Planned Development Mixed
Use (PD-MX) districts, and “Permitted” in the Village Center (VC),
Limited Commercial (LC), General Commercial (GC), Limited
Industrial (LI), General Industrial (GI), General Industrial Conservation
(GIC), Planned Development Commercial Park (PD-CP), and Planned
Development Industrial Park (PD-IP) districts.
Definition of Warehousing and Distribution has been revised to further
distinguish the uses as follows: Warehousing and distribution.\ Uses
including storage, warehousing and dispatching of good s within
enclosed structures, or outdoors. Typical uses include wholesale
distributors, storage warehouses, truck terminals and moving/storage
firms.
ATTACHMENTS:
• Ordinance Amendment final (highlighted) version.
STAFF RECOMMENDATION:
Staff recommends approval of the amendment.
PLANNING COMMISSION RECOMMENDATION:
Planning Commission Meeting of April 7, 2016
BHW
Zoning Ordinance Amendment
The Planning Commission held a public hearing on the zoning
amendment at its April 26, 2016 and voted unanimously to recommend
approval.
May 19, 2016/RDR
ISSUE:
Motion to Amend Conditional Zoning on .46 Acres of Land Located at
27891 Walters Highway in the Carrsville Election District to Expand the List of Permitted Uses on the Property
BACKGROUND:
Johnie R. and Diana F. Beale, owners, have submitted an application to
amend Conditional General Commercial (C-GC) zoning on .46 acres of
land located at 27891 Walters Highway in the Carrsville Election District. The purpose of the application is to expand the list of permitted
uses on the property.
The subject property was rezoned to commercial to allow for the sale and storage of antiques in 1991. Since that time the original user has vacated
the site. A new owner has purchased the site and would like to operate a
Wholesale Sales business out of the location; however, the conditions of
zoning do not permit that use at this time. In order to operate the business from this location, as well as expand the potential uses of the site, the
applicant is requesting the amendment to conditional zoning.
RECOMMENDATION:
At its April 26, 2016 meeting, the Planning Commission recommended
approval of the Amendment to Zoning by a vote of 10-0. Staff recommends approval of the Amendment to Zoning as presented.
ATTACHMENTS:
PC Staff Report and All Associated Attachments
Planning Commission Meeting April 26, 2016
RDR
Beale – Amend Conditional Zoning
PLANNING REPORT
APPLICATION:
The application of Johnie R. and Diana F. Beale, owners, to amend
Conditional General Commercial (C-GC) zoning on .46 acres of land
located at 27891 Walters Highway in the Carrsville Election District.
The purpose of the application is to expand the list of permitted uses on
the property.
ELECTION DISTRICT:
Carrsville Election District
LOCATION:
The subject property is located at 27891 Walters Highway (US 258). The
property is located outside any designated service district, and within the
Walters Village Center. It is surrounded by a mix of single family homes,
agriculture, as well as a few small businesses and civic institutions. This
mix of uses is appropriate and expected in a Village Center. To the north
are two residential structures and some vacant property. To the south is
the Right of Way (ROW) for a water pipeline and agricultural areas. To
the west of the site are three additional commercial buildings, two of
which are owned by the applicant, and additional single family structures
across Walters Highway. To the east is a single family structure,
additional pipeline ROW, and agricultural land.
BACKGROUND:
The subject property was rezoned to commercial to allow for the sale and
storage of antiques in 1991. Since that time the original user has vacated
the site. A new owner has purchased the site and would like to operate
their Wholesale Sales business out of the location. However, the
Planning Commission Meeting April 26, 2016
RDR
Beale – Amend Conditional Zoning
conditions of zoning do not permit that use at this time. In order to
operate their business from this location, as well as expand the potential
uses of the site, the applicant is requesting the amendment to conditional
zoning.
DESCRIPTION:
The applicant is requesting to amend Conditional General Commercial
(C-GC) zoning, in order to allow for a greater number of potential uses
on the site. Specifically this amendment would allow for all the specified
permitted uses listed within the Proffers to occur on the site.
The property consists of five (5) parcels which include one (1) structure
of approximately 3,000 square feet. All pieces of the property are zoned
C-GC.
COMPREHENSIVE LAND USE PLAN:
The property is currently zoned Conditional General Commercial (C-
GC) The parcel is located within the Walters Village Center in the
Comprehensive Plan’s Land Use Map. The proposed use of C-GC in the
application would be in accordance with the Comprehensive Plan which
provides for detached single family residences, limited commercial,
social, religious and institutional uses in Village Centers.
ORDINANCE REVIEW:
The site in question has been developed for approximately twenty five
(25) years and is not within any designated service district found in the
Zoning Ordinance. The site does lie within the Highway Corridor
Overlay District which provides for enhanced design standards. The site
was originally developed under the ordinance requirements in place at
the time and is in compliance with the Zoning Ordinance.
Planning Commission Meeting April 26, 2016
RDR
Beale – Amend Conditional Zoning
The applicant within the proffers has specified a list of uses associated
with the General Commercial (GC) zoning district. If approved as
submitted only the uses listed within the proffers would be considered
permitted on this site.
AGENCY REVIEW:
This application was forwarded to the following departments for their
review:
IOW Economic Development – No Response Provided
IOW Engineering – No Response Provided
IOW Emergency Services – No Concerns
IOW County Attorney – No Concerns
VDOT – No Concerns with the proposed uses, see attached
comments for site plan related comment
STAFF CONCLUSIONS:
Strengths
1. The approval of this application would allow more opportunity for
reuse of the site and help turn a currently vacant property into a
service providing asset to the community.
2. The approval of this application would allow the owner to expand
and grow their existing business.
Weaknesses
None Identified
RECOMMENDED CONDITIONS:
None identified
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning.
Planning Commission Meeting April 26, 2016
RDR
Beale – Amend Conditional Zoning
ATTACHMENTS:
Location Map
Location Blowup Map
Zoning Map
Land Use Map
Application and Associated Materials
Proffer Statement
Site Images
Agency Comments
W A L T E R S H I G H W A Y
BURDETTE ROAD
B
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STEVENS DRIVE
RIVER RUN TRAIL
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Towns
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Beale Rezoning Location
Site
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Beale Rezoning Location Blowup
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Beale Rezoning Land Use
Site
WALTERS HIGHWAY
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Planned Dev. - Mixed Use
Planned Dev. - Residential
Rural Agricultural Conservation
Rural Residential
Suburban Estate
Suburban Residential
Urban Residential
Village Center
Road Center Lines
Development Service Districts
Towns
County Boundary
Beale Rezoning Zoning
Site
View Southbound on US 258 to site
View Northbound on US 258 to site
Entrance drive to site
South side of building, entrance drive to left
East side of building
North side of building
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 April 2016; Cash
Position; and, Statement of the Treasurer’s Accountability as of
March 2016
2. Isle of Wight County Monthly Fire/Emergency Medical Services (EMS) Report – Incidents by Zone Map; Incidents by Zone Data
as of April 2016
3. Isle of Wight Website Statistics/April 2016
4. Solid Waste Division Litter Pickup 5. Isle of Wight Extension Report/April 2016
6. Notice of Public Meetings - Hampton Roads Hazard Mitigation
Plan Update
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1010
2020
3060
4070
5060
Incidents by Zone
³
Zone3060
Zone5060
Zone1010
Zone4070
Zone2020
Zone Fire EMS
Mutual Aid
Totals
ISLE OF WIGHT
INCIDENTS BY ZONE
Agency: IWFR, Event date/Time range: 04/01/2016 00:00:00 - 04/30/2016 23:59:59
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
1009 ACCIDENT UNKNOWN INJURIES 0 1 1 13%0:00:47 0:08:46 0:12:04 0:21:37 0:21:37
ACCIDENT WITH INJURIES 0 1 1 13%0:00:37 0:05:13 1:03:00 1:08:50 1:08:50
FALLS AND RELATED INJURIES 0 1 1 13%0:01:07 0:07:55 1:07:34 1:16:36 1:16:36
PAIN 0 1 1 13%0:01:42 0:10:12 1:21:52 1:33:46 1:33:46
PSYCHIATRIC PROBLEMS 0 1 1 13%0:00:11 0:00:00 0:00:00 0:59:15 0:59:15
UNCONSCIOUS OR FAINTING 0 1 1 13%0:01:02 0:13:18 1:13:48 1:28:08 1:28:08
Subtotals for EMS 0 6 6 75%0:00:54 0:09:05 0:59:40 6:48:12 1:08:02
FIRE ALARM 0 1 1 13%0:04:18 0:00:00 0:00:00 0:05:36 0:05:36
STRUCTURE FIRE 0 1 1 13%0:00:51 0:06:25 0:34:54 0:42:10 0:42:10
Subtotals for FIRE 0 2 2 25%0:02:34 0:06:25 0:34:54 0:47:46 0:23:53
Totals for 1009 0 8 8 100%0:01:19 0:08:38 0:55:32 7:35:58 0:57:00
1010 ABDOMINAL PAIN 0 1 1 1%0:00:38 0:08:24 0:38:13 0:47:15 0:47:15
ABRASIONS BRUISES ETC 0 1 1 1%0:01:21 0:05:56 1:19:23 1:26:40 1:26:40
ACCIDENT UNKNOWN INJURIES 0 10 10 14%0:01:08 0:04:38 0:36:21 5:49:20 0:34:56
ACCIDENT WITH INJURIES 0 2 2 3%0:01:21 0:08:26 0:40:23 1:40:20 0:50:10
ALARM - MEDICAL 0 4 4 5%0:01:44 0:06:26 0:11:00 1:16:39 0:19:10
ALLERGIC REACTIONS 0 1 1 1%0:01:18 0:07:31 1:07:04 1:15:53 1:15:53
ATTEMPT SUICIDE 0 1 1 1%0:02:52 0:09:06 0:55:18 1:07:16 1:07:16
BURN INJURIES 0 1 1 1%0:01:04 0:01:29 0:59:57 1:02:30 1:02:30
CHEST PAIN 0 3 3 4%0:01:45 0:06:57 1:10:43 3:58:15 1:19:25
DIABETIC PROBLEMS 0 1 1 1%0:01:02 0:05:59 0:20:54 0:27:55 0:27:55
DIFFICULTY BREATHING 0 2 2 3%0:00:54 0:06:50 0:49:23 1:54:14 0:57:07
Report Generated: 05/06/2016 10:57:52 | User ID:JTERWILLIGER
Page 1 of 7\\STRATUS\OSSICAD\CAD\rpt\Other_EventsByNatureStatBeat
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
FALLS AND RELATED INJURIES 0 3 3 4%0:01:18 0:06:12 0:56:12 3:11:07 1:03:42
LIFT ASSIST 0 1 1 1%0:01:23 0:06:07 0:12:09 0:19:39 0:19:39
OVERDOSE 0 1 1 1%0:02:03 0:31:07 1:09:27 1:42:37 1:42:37
PAIN 0 5 5 7%0:01:19 0:06:12 0:46:24 4:29:38 0:53:56
SEIZURE 0 3 3 4%0:00:44 0:06:33 0:32:01 1:57:54 0:39:18
SICK / ILL OR RESCUE 0 12 12 16%0:01:24 0:06:32 0:52:34 12:06:05 1:00:30
STROKE 0 3 3 4%0:01:20 0:05:04 0:52:54 2:57:56 0:59:19
UNCONSCIOUS OR FAINTING 0 5 5 7%0:01:13 0:06:15 0:43:18 4:13:52 0:50:46
WELFARE CHECK 1 1 2 3%0:00:54 0:05:27 0:23:53 0:35:52 0:17:56
Subtotals for EMS 1 61 62 84%0:01:20 0:07:34 0:45:53 52:20:57 0:53:48
ARCING WIRES DOWN POWER LINES 0 1 1 1%0:00:18 0:04:21 0:12:02 0:16:41 0:16:41
CAR FIRE 0 1 1 1%0:00:43 0:04:52 0:14:07 0:19:42 0:19:42
FIRE ALARM 0 4 4 5%0:01:24 0:06:15 0:15:40 1:33:19 0:23:20
FIRE OTHER NOT LISTED 0 2 2 3%0:00:49 0:06:22 1:07:33 2:29:26 1:14:43
SMELL OF GAS INSIDE/OUTSIDE 0 1 1 1%0:01:27 0:06:18 0:13:35 0:21:20 0:21:20
STRUCTURE FIRE 0 3 3 4%0:03:53 0:04:35 0:30:19 1:56:24 0:38:48
Subtotals for FIRE 0 12 12 16%0:01:26 0:05:27 0:25:33 6:56:52 0:32:26
Totals for 1010 1 73 74 100%0:01:22 0:07:04 0:41:11 59:17:49 0:48:52
2020 ASSAULT WITH INJURIES 0 1 1 5%0:00:17 0:12:20 0:11:06 0:23:43 0:23:43
DIABETIC PROBLEMS 0 1 1 5%0:03:13 0:11:00 0:25:31 0:39:44 0:39:44
DIFFICULTY BREATHING 0 1 1 5%0:02:07 0:06:37 0:39:46 0:48:30 0:48:30
FALLS AND RELATED INJURIES 1 1 2 11%0:00:17 0:05:00 0:53:24 1:57:20 0:58:40
SEIZURE 0 2 2 11%0:00:43 0:09:13 1:24:28 3:08:48 1:34:24
SHOOTING 0 1 1 5%0:02:11 0:16:17 1:55:16 2:13:44 2:13:44
SICK / ILL OR RESCUE 1 1 2 11%0:01:01 0:10:42 0:42:29 1:37:41 0:48:51
Subtotals for EMS 2 8 10 53%0:01:24 0:10:10 0:53:09 10:49:30 1:03:57
Page 2 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
BRUSH FIRE 0 3 3 16%0:01:21 0:09:38 0:44:52 2:47:36 0:55:52
CAR FIRE 0 1 1 5%0:01:03 0:09:16 0:18:21 0:28:40 0:28:40
FIRE ALARM 0 1 1 5%0:01:11 0:02:05 0:02:23 0:05:39 0:05:39
FIRE DEPT COMMUNITY RELATIONS 0 1 1 5%0:02:02 0:13:09 0:09:45 0:24:56 0:24:56
FIRE OTHER NOT LISTED 0 1 1 5%0:00:46 0:00:00 0:00:00 0:03:37 0:03:37
HAZARDOUS MATERIALS INCIDENT 0 1 1 5%0:01:42 0:08:48 0:21:31 0:32:01 0:32:01
STRUCTURE FIRE 0 1 1 5%0:01:25 0:15:15 0:16:26 0:33:06 0:33:06
Subtotals for FIRE 0 9 9 47%0:01:21 0:09:42 0:18:53 4:55:35 0:26:16
Totals for 2020 2 17 19 100%0:01:23 0:09:57 0:37:20 15:45:05 0:45:06
3060 ACCIDENT WITH INJURIES 0 1 1 5%0:01:33 0:06:26 1:23:40 1:31:39 1:31:39
ALARM - MEDICAL 0 1 1 5%0:00:27 0:13:12 1:16:02 1:29:41 1:29:41
ALLERGIC REACTIONS 0 1 1 5%0:01:35 0:14:07 0:12:11 0:27:53 0:27:53
CHEST PAIN 0 1 1 5%0:01:23 0:14:31 1:19:26 1:35:20 1:35:20
DIFFICULTY BREATHING 0 1 1 5%0:01:00 0:13:04 1:16:21 1:30:25 1:30:25
FALLS AND RELATED INJURIES 0 1 1 5%0:01:54 0:12:58 1:12:08 1:27:00 1:27:00
LIFT ASSIST 0 1 1 5%0:01:00 0:12:35 0:09:16 0:22:51 0:22:51
PAIN 0 2 2 11%0:01:22 0:12:49 1:19:52 3:08:06 1:34:03
SICK / ILL OR RESCUE 0 3 3 16%0:01:09 0:13:30 1:12:20 3:03:46 1:01:15
UNCONSCIOUS OR FAINTING 0 2 2 11%0:01:26 0:13:03 1:20:55 3:10:46 1:35:23
Subtotals for EMS 0 14 14 74%0:01:17 0:12:38 1:04:13 17:47:27 1:15:33
BRUSH FIRE 0 2 2 11%0:01:05 0:09:16 0:28:41 0:43:29 0:21:45
FIRE DEPT TRAINING EVENT 1 0 1 5%0:00:00 0:00:00 1:03:04 1:03:04 1:03:04
STRUCTURE FIRE 0 2 2 11%0:01:21 0:09:48 2:29:36 5:21:28 2:40:44
Page 3 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
Subtotals for FIRE 1 4 5 26%0:01:13 0:09:32 1:20:27 7:08:01 1:21:51
Totals for 3060 1 18 19 100%0:01:16 0:12:07 1:07:58 24:55:28 1:17:00
4070 ABDOMINAL PAIN 0 1 1 1%0:01:16 0:10:41 0:59:44 1:11:41 1:11:41
ABRASIONS BRUISES ETC 0 2 2 2%0:01:00 0:07:36 1:42:21 3:41:52 1:50:56
ACCIDENT UNKNOWN INJURIES 0 5 5 5%0:00:57 0:05:01 1:03:47 5:48:47 1:09:45
ACCIDENT WITH INJURIES 0 3 3 3%0:00:24 0:05:28 1:06:51 3:38:11 1:12:44
ALARM - MEDICAL 0 4 4 4%0:01:43 0:09:18 0:54:12 4:20:53 1:05:13
BACK PAIN (NON TRAUMATIC)0 1 1 1%0:01:05 0:15:00 0:59:40 1:15:45 1:15:45
BITE 0 1 1 1%0:00:41 0:16:00 1:03:41 1:20:22 1:20:22
BLEEDING OR HEMORRHAGING 0 4 4 4%0:01:26 0:05:17 0:46:38 3:33:28 0:53:22
BURN INJURIES 0 1 1 1%0:01:12 0:05:35 0:54:39 1:01:26 1:01:26
CHEST PAIN 1 5 6 6%0:01:25 0:09:51 0:46:16 5:33:59 0:55:40
CHILD OR ANIMAL LOCKED IN CAR 0 1 1 1%0:00:06 0:08:59 0:05:58 0:15:03 0:15:03
CHOKING 0 1 1 1%0:01:19 0:04:42 0:42:00 0:48:01 0:48:01
DIABETIC PROBLEMS 0 4 4 4%0:01:31 0:11:10 0:43:16 3:43:49 0:55:57
DIFFICULTY BREATHING 0 10 10 9%0:01:20 0:05:26 0:59:59 11:07:28 1:06:45
FALLS AND RELATED INJURIES 0 12 12 11%0:01:10 0:08:23 1:01:39 14:14:25 1:11:12
MEDIC STANDBY 1 0 1 1%0:00:01 0:00:00 4:39:36 4:39:37 4:39:37
PAIN 0 2 2 2%0:00:56 0:14:48 0:25:49 1:23:06 0:41:33
POSSIBLE DOA 0 2 2 2%0:01:08 0:06:50 0:35:25 1:26:45 0:43:23
PSYCHIATRIC PROBLEMS 0 2 2 2%0:00:28 0:05:48 0:20:49 0:54:11 0:27:06
SEIZURE 0 2 2 2%0:01:14 0:10:28 0:37:56 1:39:15 0:49:38
SICK / ILL OR RESCUE 1 15 16 15%0:01:31 0:10:11 0:59:47 18:52:16 1:10:46
STROKE 0 2 2 2%0:02:03 0:04:53 0:45:18 1:44:26 0:52:13
UNCONSCIOUS OR FAINTING 0 3 3 3%0:01:29 0:10:13 0:47:34 2:57:50 0:59:17
Subtotals for EMS 3 83 86 80%0:01:06 0:08:43 1:00:08 95:12:36 1:09:27
Page 4 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
ARCING WIRES DOWN POWER LINES 0 3 3 3%0:01:39 0:04:46 0:35:02 2:04:24 0:41:28
BRUSH FIRE 0 3 3 3%0:00:36 0:05:06 0:54:53 2:15:27 0:45:09
CAR FIRE 0 2 2 2%0:00:30 0:05:50 0:25:04 1:02:48 0:31:24
FIRE ALARM 0 7 7 7%0:01:16 0:06:29 0:17:38 2:05:57 0:18:00
FIRE OTHER NOT LISTED 0 1 1 1%0:00:11 0:15:39 0:10:28 0:26:18 0:26:18
HAZARDOUS MATERIALS INCIDENT 0 2 2 2%0:01:30 0:05:32 1:35:28 3:25:00 1:42:30
SMELL OR ODOR OF SMOKE 0 1 1 1%0:00:23 0:03:25 0:03:19 0:07:07 0:07:07
STANDBY 1 0 1 1%0:00:00 0:00:00 0:00:00 0:39:14 0:39:14
STRUCTURE FIRE 0 1 1 1%0:00:44 0:04:58 0:21:58 0:27:40 0:27:40
Subtotals for FIRE 1 20 21 20%0:00:51 0:06:28 0:32:59 12:33:55 0:37:39
Totals for 4070 4 103 107 100%0:01:02 0:08:07 0:53:07 107:46:31 1:00:30
5060 ABDOMINAL PAIN 0 8 8 4%0:00:59 0:11:02 1:03:08 10:01:12 1:15:09
ABRASIONS BRUISES ETC 0 4 4 2%0:00:14 0:09:28 0:27:58 2:30:41 0:37:40
ACCIDENT UNKNOWN INJURIES 0 8 8 4%0:01:18 0:06:05 0:39:32 6:15:23 0:46:55
ACCIDENT WITH INJURIES 1 4 5 2%0:01:11 0:07:00 1:23:40 7:39:22 1:31:52
ALARM - MEDICAL 0 6 6 3%0:01:32 0:10:43 0:37:11 3:27:30 0:34:35
ALLERGIC REACTIONS 0 1 1 0%0:02:55 0:04:39 1:12:36 1:20:10 1:20:10
ASSAULT WITH INJURIES 0 1 1 0%0:00:11 0:09:12 0:07:29 0:16:52 0:16:52
BLEEDING OR HEMORRHAGING 0 2 2 1%0:01:54 0:08:59 1:05:53 2:33:32 1:16:46
CARDIAC ARREST 0 1 1 0%0:00:43 0:07:26 2:33:45 2:41:54 2:41:54
CHEST PAIN 1 13 14 7%0:00:56 0:10:12 1:18:06 20:39:10 1:28:31
CHILD OR ANIMAL LOCKED IN CAR 0 1 1 0%0:01:44 0:02:51 0:06:21 0:10:56 0:10:56
DIABETIC PROBLEMS 0 5 5 2%0:00:59 0:06:44 0:47:09 4:34:22 0:54:52
DIFFICULTY BREATHING 0 14 14 7%0:01:14 0:09:14 1:03:55 17:21:24 1:14:23
Page 5 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
FALLS AND RELATED INJURIES 0 22 22 11%0:01:19 0:10:01 0:54:51 24:06:17 1:05:44
FRACTURES OR BROKEN BONES 0 2 2 1%0:01:23 0:06:00 1:05:39 2:26:04 1:13:02
HEAD INJURY 0 2 2 1%0:01:23 0:09:15 1:04:41 2:30:38 1:15:19
HEART PROBLEMS 0 3 3 1%0:01:12 0:12:36 0:38:10 2:35:54 0:51:58
HEAT AND COLD EXPOSURE 0 1 1 0%0:01:17 0:04:41 0:22:31 0:28:29 0:28:29
LIFT ASSIST 0 5 5 2%0:01:24 0:09:10 0:14:10 2:03:47 0:24:45
MEDIC STANDBY 4 0 4 2%0:00:00 0:00:00 0:37:28 2:29:55 0:37:29
OVERDOSE 0 1 1 0%0:01:11 0:03:28 1:02:05 1:06:44 1:06:44
PAIN 0 11 11 5%0:01:15 0:09:41 0:48:27 10:53:20 0:59:24
POSSIBLE DOA 0 1 1 0%0:00:34 0:09:22 0:18:45 0:28:41 0:28:41
PSYCHIATRIC PROBLEMS 0 3 3 1%0:00:43 0:08:03 1:14:01 4:08:21 1:22:47
SEIZURE 0 5 5 2%0:00:48 0:09:03 1:07:14 6:25:29 1:17:06
SHOOTING 0 1 1 0%0:00:53 0:07:31 0:51:35 0:59:59 0:59:59
SICK / ILL OR RESCUE 1 40 41 20%0:01:26 0:10:49 1:01:18 50:03:33 1:13:15
STROKE 0 4 4 2%0:01:41 0:09:23 1:01:40 4:50:57 1:12:44
UNCONSCIOUS OR FAINTING 0 9 9 4%0:01:26 0:08:35 0:56:26 9:58:03 1:06:27
Subtotals for EMS 7 178 185 89%0:01:12 0:08:15 0:53:18 205:08:39 1:01:53
ARCING WIRES DOWN POWER LINES 0 1 1 0%0:01:17 0:04:05 0:18:01 0:23:23 0:23:23
ASSIST BOATER 0 1 1 0%0:00:06 0:08:03 0:53:48 1:01:57 1:01:57
BRUSH FIRE 0 4 4 2%0:00:51 0:14:05 0:13:04 1:52:03 0:28:01
BURNING COMPLAINT 0 1 1 0%0:01:21 0:03:57 0:31:10 0:36:28 0:36:28
CAR FIRE 0 3 3 1%0:00:40 0:02:37 0:15:12 0:55:30 0:18:30
CARBON MONOXIDE ALARM 0 1 1 0%0:02:25 0:08:08 1:41:35 1:52:08 1:52:08
FIRE ALARM 0 4 4 2%0:00:52 0:03:39 0:17:46 0:32:10 0:08:03
FIRE DEPT COMMUNITY RELATIONS 1 0 1 0%0:00:00 0:00:00 0:08:55 0:08:55 0:08:55
FIRE OTHER NOT LISTED 0 2 2 1%0:00:04 0:07:29 0:18:56 0:52:58 0:26:29
SMELL OF GAS INSIDE/OUTSIDE 0 1 1 0%0:01:04 0:05:03 0:11:37 0:17:44 0:17:44
Page 6 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
SMELL OR ODOR OF SMOKE 0 2 2 1%0:00:44 0:06:22 0:14:56 0:44:03 0:22:02
STANDBY 1 0 1 0%0:00:00 0:00:00 7:24:35 7:24:35 7:24:35
STRUCTURE FIRE 0 2 2 1%0:01:31 0:06:50 0:20:03 0:56:46 0:28:23
Subtotals for FIRE 2 22 24 11%0:01:00 0:06:23 0:59:12 17:38:40 1:04:21
Totals for 5060 9 200 209 100%0:01:09 0:07:44 0:55:08 222:47:19 1:02:39
SF7 RESCUE MUTUAL AID 0 2 2 100%0:01:52 0:00:00 0:00:00 0:18:03 0:09:02
Subtotals for MUTA 0 2 2 100%0:01:52 0:00:00 0:00:00 0:18:03 0:09:02
Totals for SF7 0 2 2 100%0:01:52 0:00:00 0:00:00 0:18:03 0:09:02
SH8 FIRE MUTUAL AID 0 1 1 100%0:01:02 0:25:19 4:14:22 4:40:43 4:40:43
Subtotals for MUTA 0 1 1 100%0:01:02 0:25:19 4:14:22 4:40:43 4:40:43
Totals for SH8 0 1 1 100%0:01:02 0:25:19 4:14:22 4:40:43 4:40:43
SHM RESCUE MUTUAL AID 0 1 1 100%0:01:22 0:00:00 0:00:00 0:14:06 0:14:06
Subtotals for MUTA 0 1 1 100%0:01:22 0:00:00 0:00:00 0:14:06 0:14:06
Totals for SHM 0 1 1 100%0:01:22 0:00:00 0:00:00 0:14:06 0:14:06
SRY RESCUE MUTUAL AID 0 6 6 100%0:01:11 0:22:51 1:23:32 7:16:35 1:12:46
Subtotals for MUTA 0 6 6 100%0:01:11 0:22:51 1:23:32 7:16:35 1:12:46
Totals for SRY 0 6 6 100%0:01:11 0:22:51 1:23:32 7:16:35 1:12:46
Page 7 of 7INCIDENTS BY ZONE
MEMORANDUM
TO: Tony Wilson, Director of Public Works FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup
DATE: May 05, 2016
Solid Waste Division, with the help of the Western Tidewater Regional Jail Workers, continues to
make an effort to keep the County roadways clean. Due to the focus on other projects and the
limitation on the available number of Work Release inmates from the Western Tidewater
Regional Jail one road pick-up was performed during the month of April. This pick up was at the
request of a concerned citizen.
Waterworks Rd: Courthouse Hwy to Magnet Dr.
The following is a list where litter is scheduled to be picked up during the months of May thru
July 2016:
Holly Run Dr: Walters to Carrsville Hwy.
Burdette Rd: Walter`s Hwy to Convenience Center
Turner Dr: Benns Church Blvd to Scotts Factory Rd.
Magnet Dr: Foursquare Rd to Comet Rd.
White House Rd: Magnet Dr to Comet Rd.
Stave Mill Rd: Windsor Blvd to Cut Thru Rd.
Cut Thru Rd: Stave Mill Rd to Courthouse Hwy.
Clydesdale Dr: Courthouse Hwy to Stave Mill Rd.
Central Hill Rd: Courthouse Hwy to Four Square Rd.
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY
Extension is a joint program of Virginia Tech, Virginia State University, the U.S. Department of Agriculture, and state and local governments.
Virginia Cooperative Extension programs and employment are open to all, regardless of age, color, disability, gender, gender identity, gender expression, national origin, political
affiliation, race, religion, sexual orientation, genetic information, veteran status, or any other basis protected by law. An equal opportunity/affirmative action employer.
Invent the Future
Virginia Cooperative Extension
Isle of Wight County
17100 Monument Circle, Suite B
Isle of Wight, VA 23397
757-365-6261 Fax: 757-357-9610
email: jaashle2@vt.edu
www.vt.edu
Isle of Wight Extension Report
April 2016
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 volunteers) and the Historic Southside Master Naturalist Chapter (50 active
volunteers).
Began preparations to open the Master Gardener HelpLine in April.
Provided Risk Management training for the Master Gardener and Master Naturalist
volunteers.
The Master Gardener HelpLine opened the first Wednesday of April and will run through
September.
Provided training to the Master Gardener volunteers on operating plant clinics and
diagnosing plant issues.
Provided approximately 20 soil sample kits to local residents and industry personnel.
Provided information to 12 individuals concerning pesticide application requirements,
land rent, soil fertility, crop budgets, lawn/turf management, and horse pasture
maintenance.
Attended a Healthy Virginia Lawns In-Service training held in Charlottesville.
Continued to plan for on-farm variety trials with collaborating Isle of Wight producers.
Agreed to assist on 2 grant funded projects with Virginia Tech specialists. One will look
at integrated pest management strategies for sweet corn producers and the other is a weed
management project in collaboration with Bennet’s Creek nursery.
Began preparations for a SNAP sign-up event for local producers so they can accept EBT
payments for their farm operations.
Administered 2 private pesticide applicator exams.
Attended the Peanut Soil & Water Conservation Districts monthly meeting. Spencer is
currently serving as a Director for this board.
Collected approximately100 plastic pesticide containers as part of VDACS’s recycling
program.
4-H Youth Development
Continued with plans for Junior 4-H Camp.
o Three Counselor/CIT trainings were held with one more planned for June
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY
An equal opportunity, affirmative action institution
o Room assignments were determined and camp information packets were sent out
to all campers
Outreach and Administrative
Spencer coordinated and assisted with professional development training for
Extension Agents in the Southeast District.
Spencer served on the interview panel for the Hampton Agriculture and Natural
Resources Extension Agent. Spencer will also serve as a mentor for the new agent.
Spencer hosted and served on the interview panel for the Isle of Wight/Southampton
Youth Development Extension Agent position. Ms. LaTanya Turner, Recreation
Manager with Isle of Wight, also assisted with these interviews. A candidate was
selected and has accepted the position with a start date of May 25, 2016.
Spencer completed a Business Compliance survey required by Virginia Tech for the
Isle of Wight Extension office.
Face-to-face: 150
Calls: 120
Emails: 198
Social Media: 5 more “likes” for Agriculture and Natural Resources facebook page.
Notice of Public Meetings
Hampton Roads Hazard Mitigation Plan Update
ATTENTION CITIZENS OF:
The Cities of Chesapeake, Franklin, Hampton, Newport
News, Norfolk, Portsmouth, Poquoson, Suffolk, Virginia
Beach, and Williamsburg.
The Counties of Isle of Wight, James City, Southampton,
and York.
The incorporated Towns of Boykins, Branchville, Capron,
Courtland, Ivor, Newsoms, Smithfield and Windsor.
The HRPDC will strive to provide reasonable accommodations and services
for persons who require special assistance to participate in this public
involvement opportunity. Contact John Sadler, HRPDC Emergency Manage-
ment Administrator at (757) 420-8300 for more information.
Share your local knowledge and thoughts on the
Hampton Roads Hazard Mitigation Plan Update at any
of these convenient meeting locations.
For More Information or to review the draft 2016 Hampton Roads Hazard
Mitigation Plan Update, Visit:
http://www.hrpdcva.gov/departments/emergency-management/hamp-
ton-roads-hazard-mitigation-plan/
Or Contact: HRPDC Emergency Management Department (757) 420-8300
Location: Chesapeake
Date: Tuesday, May 31, 2016
Time: 6:00pm
Where: Hampton Roads Planning
District Commission
Regional Board Room
723 Woodlake Dr.
Chesapeake, VA 23320
Location: Isle of Wight County
Date: Thursday, June 2, 2016
Time: 6:00pm
Where: Board of Supervisor’s
Boardroom
County Complex
17130 Monument Cir.
Isle of Wight, VA 23397
Location: Hampton
Date: Thursday, June 9, 2016
Time: 6:00pm
Where: Sandy Bottom Nature Park
1255 Big Bethel Rd.
Hampton, VA 23666
ISSUE:
Resolution to Authorize Use of Remaining Funds from Fort
Boykin Insurance Payout for Other County Parks and Recreation Projects
BACKGROUND: At its regular meeting on April 21, 2016, the Board adopted a
motion to defer action on this matter until a later time.
The County previously received insurance payments relative to a facility at Fort Boykin that was destroyed by fire.
The Parks and Recreation and Public Works Departments are
working to construct restroom facilities and a pergola at Fort Boykins with a portion of the insurance proceeds.
Staff is requesting authorization to utilize the remaining funds to
address several other needed Parks and Recreation projects.
Projects identified by staff with preliminary cost estimates include:
Asphalt at Nike Park ($35,000 - $175,000)
New Windows and AC/Heating System Nike
Park ($25,000)
Asphalt at Tyler's Beach ($9,000)
Basketball Court resurfacing at Camptown Park ($8,000)
Jones Creek Pier ($50,000 - $75,000)
Security Doors for the Nike Park offices & Camptown
Offices
RECOMMENDATION:
Adopt a resolution authorizing the use of remaining funds from the
Fort Boykins insurance payout for other County Parks & Recreation projects.
ATTACHMENTS:
Resolution
RESOLUTION TO AUTHORIZE THE USE OF REMAINING FUNDS FROM THE FORT BOYKINS INSURANCE PAYOUT FOR OTHER PARKS AND RECREATION PROJECTS
WHEREAS, the County has previously received insurance proceeds as
compensation for a facility destroyed by fire at Fort Boykins; and,
WHEREAS, the cost of the construction of new restrooms and a pergola
at Fort Boykin is less than amount of insurance proceeds received and,
WHEREAS, other significant needs at Parks and Recreation facilities
throughout Isle of Wight County have been identified; however, funding is not
available in the current operating budget to address said needs; and,
WHEREAS, staff is requesting authorization to utilize the remaining funds
to address several other needed Parks and Recreation projects.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia authorizes the use of remaining funds from the Fort Boykins insurance payout for other County
Parks & Recreation projects.
BE IT FURTHER RESOLVED that the Interim County Administrator of
the County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this reimbursement and to do all things necessary to give this resolution effect.
Adopted this 19th day of May, 2016.
Rex W. Alphin, Chairman
______________________________ Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
ISSUE:
Motion to Approve the Cross-Connection Control and Backflow
Prevention Program
BACKGROUND: The County is required to provide the Cross-Connection Control and
Backflow Prevention Program as outlined in the Virginia Waterworks
Regulations. Staff updated a former version of the program to comply
with current regulations and submitted the revised version to the Virginia Department of Health Office of Drinking water for approval.
The revised program was submitted on October 14, 2015 and
subsequently approved on March 28, 2016.
RECOMMENDATION: Adopt the approved Cross-Connection Control and Backflow
Prevention Program.
ATTACHMENT:
- Approved Cross Connection Control Program
- Correspondence from Virginia Department of Health Office of Drinking dated March 29, 2016
May 19, 2016/MCP
ISSUE:
Motion to Authorize a Request for Proposal to Lease County-
Owned Property for Farming Purposes
BACKGROUND:
Staff has received a written request from Mr. J. Dean Stallings of Stallings Farms, Inc. asking that he be allowed to continue to farm
the remaining 18 acres of the County-owned property on Great
Springs Road.
Mr. Stallings has been farming this property since ownership of
the property was conveyed to the County and he has made lease
payments in the amount of $1,425/year for its use. Allowing Mr.
Stallings to continue farming the property also reduces the County’s obligation to maintain the property.
As a matter of consistency, the Board may wish to authorize a
Request for Proposals to lease the property for farming or other acceptable purposes.
BUDGETARY IMPACT: Approval of the lease agreement will result in an annual revenue
of $1,425.
RECOMMENDATION:
Motion to authorize a Request for Proposal to lease the County-
owned property on Great Springs Road to Stallings Farms, Inc. for
farming or other acceptable purposes.
ATTACHMENTS:
- Correspondence from Mr. Stallings - Aerial Photo of Property
ISSUE:
Motion to Authorize Public Hearing for Tax Exemption Request from
God’s Anointed Touch Ministries
BACKGROUND: The Commissioner of the Revenue has received an Application for Tax
Exempt Status Designation for Real and Personal Property. In this
regard, the Board will need to hold a public hearing for consideration of
an ordinance to effectuate the requested tax exemption status.
It should be noted that per County policy, in order for an application to
be considered for each July 1st, the application must be received by the
Commissioner of the Revenue’s Office by April 1. The application under consideration was received in the Commissioner’s Office on May
5, 2016; therefore, the applicant’s request, if approved, would not be
effective until July 1, 2017.
RECOMMENDATION:
Authorize a public hearing for the tax exemption request from God’s Anointed Touch Ministries.
ATTACHMENTS:
- Correspondence from the Commissioner of the Revenue
- County Policy – Article VI, Applications for Tax Exempt Status
Designation for Real and Personal Property