10-17-1991 Regular MeetingREGULAR MEETING OF THEAYSOF OCTOBERTINOTHEYYEAR NINETEENEHUNDRED
HELD THE SEVENTEENTH D
NINETY ONE
PRESENTS Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the County
Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00 P.M. The
invocation was delivered by Supervisor Bradshaw.
//
Chairman Bradby"asked Mary W. Wells to come to the podium and
he then read into the record a resolution honoring her professional
accomplishment and outstanding service to the County. Whereupon,
Supervisor Edwards moved the Board approve the fallowing
resolutions
RESOLUTION OF APPRECIATION TO MRS. MARY W. WELLS, UPON HER
RETIREMENT, FOR HER PROFESSIONAL ACCOMPLISHMENT AND OUTSTANDING
SERVICE TO ISLE OF WIGHT COUNTY
WHEREAS, Mary W. Wells has rendered untiring service to the County
of Isle of Wight and the State of Virginia Cooperative Extension
Service since 1957; and,
WHEREAS, Mrs. Wells has been instrumental in .the development and
growth of home economics in the County; and,
WHEREAS, Mrs. Wells has served the County. as the Unit Director of
the Extens-ion Service since 1990; and,
WHEREAS, Mary w. Wells has represented the Commonwealth of Virginia
and Isle of Wight County as President of the National Association
of Home Economists, a most prestigious national position; and,
WHEREAS, effective September 30, 1991, Mary W. Wells has retired
from the Extension Service.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board
of Supervisors recognizes and commends Mary W. Wells for her
outstanding service and accomplishments to this community, to the
Commonwealth and to our nation for over thirty-four years.
The motion passed unanimously (5-0).
Mary Wells stated it has been her pleasure to serve the-
County.
Chairman Bradby called for a special presentation from Joseph
F. Roth, representative for Insight Cablevision.
Mr. Roth provided a general status report on the provision of
'.1
BOQK 14 ~a~:' Y~~~
CATV services in the County. Mr. Roth stated that because
cablevision extensions must be supported by a minimum income, there
must be a minimum service density to make such extensions
economically feasible.
Chairman Bradby asked if any studies had been conducted on
Route 626.
Mr. Roth stated he would review the matter.
Supervisor Bradshaw requested the current amount of service
rates and the reason for the increase in costs.
Mr. Roth stated a rate increase will be incurred beginning in
November with the basic rate at $18.10 per month and the complete
basic service at $21.95 per month, which is an increase of .85
cents. Mr. Roth explained the rate increase was due to an increase
of 9.5$ in programming costs, increase in operation and personnel.
County Attorney Crook stated he had reviewed the ordinance
concerning the proposed rate increase for the County and it could
not be more than-the rate charged in the City of Franklin.
Supervisor Ross questioned if Insight had any plans to
increase the quality of service in the area.
Mr. Roth stated yes, that in 1990, Insight has been able to
purchase equipment which will improve the overall quality and
maintenance of the system. Mr. Roth continued that Insight is also
in the process of upgrading the amplifiers to ensure better picture
quality and reliability.
Supervisor Edwards inquired about the possibility of
broadcasting meetings held by various boards of the County.
Mr. Roth stated a meeting could be taped and broadcast at a
pre-determined date and time and presented on the cable system.
Mr. Roth further stated the decision lies with the Board whether
this is a service the Board wishes to provide to the public and to
invest in the equipment. Mr. Roth continued if the Board was
willing to commit to this, he would be willing to discuss the
possibility of airing this on the cable system.
//
Chairman Bradby called for a public hearing on the followings
An Ordinance to Establish an Auxiliary Police, Force for
the County of Isle of Wight
Chairman Bradby called for persons to speak in favor.
No one appeared.
Chairman Bradby called for persons to speak in opposition.
B. F. Dixon of Carrsville, former Sheriff of Isle of Wight,
asked if the cost of liability to the County had been determined
if the Auxiliary Police Force was implemented.
Sg*-. Wingfield stated there would no change in liability
insurance and the only cost to the County would be the cost of
uniforms and-the weapons.
Boon 14...:~ 4~~
Mr. Brown requested that the matter be tabled until after the
November 5, 1991 election., because if he were elected Sheriff, he
may not wish to implement such a program.
Chairman Bradby called for comments by the Board.
Supervisor Bradshaw asked County Attorney Crook if he had
reviewed the matter of insurance.
County Attorney Crook stated he had not reviewed the matter
of insurance, but normally the Sheriff's Department carries its
insurance through the State. County Attorney Crook stated he would
review the matter and report back to the Board if the board. wished
him to do so before acting on the ordinance. .
Sgt. Wingfield stated an opinion had-been requested from the
State Compensation Board regarding any additional insurance costs
who advised that no additional insurance costs would be incurred.
Sgt.. Wingfield stated normally waivers were signed hOWevere
volunteers eliminating the Department of any liability;
the Department would be responsible for liability of .the officer
or the County towards a third person.
Supervisor Turner asked if there was a limitation on the
amount of time a volunteer could work in a month or week.
Sgt. Wingfield replied most departments o$ i wagrforxsixteen
twenty hours a month and the Department's prop
hours per month.
Supervisor Turner stated he would support the implementation
of an Auxiliary Police Force in the County.
Sgt. Wingfield stated if the Auxiliary ossibilitForof the
implemented, he felt it would delay the p Y
Sheriff's Department coming before the Board in six months
requesting additional manpower.
Supervisor Turner stated ier tthe owanted to implement d t•it
would be up to the Sheriff wheth Y
David Hardy stated the implementation of an Auxiliary Police
Force was not new and requested whether the County .had State
liability insurance to cover persons wh r v ded ofory volunt ers who
Hardy continued insurance should be p
give volunteer service of this nature to the County.
Supervisor Turner moved the Board adopt the
ordinances
AN ORDINANCE TO ESTABLISH AN
AUXILIARY POLICE FORCE FOR THE
COUNTY OF ISLE OF WIGHT
following
WHEREAS, by Acts of the General Assembly of Virginia as
embodied in Title 15.1, Chapter 3, Article 4, Secovernin•lbodies
through 15.1-159.7 of the Code of Virginia, the g g
of cities, counties and towns in the Commonwealth shaolicevforce
power to establish, equip and maintain an auxiliary p
for the further preservation of the pub olieee force ise to havegall
order of the community, said auxiliary p
the powers and authority and all the immunities of full-time law-
enforcement officers; and,
B~~K ~4 :a';.r 4U
WHEREAS, the Sheriff of Isle of Wight County, Virginia, has
requested the Board of Supervisors of Isle of Wight County,
Virginia, to establish an auxiliary police force for the County of
Isle of Wight; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it in the best interests of the citizens of the
County of Isle of Wight for the further preservation of the public
peace, safety and good order of the community to establish an
auxiliary police force as requested by .the Sheriff of Isle of Wight
County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, that the Isle of
Wight County Code be amended by adding thereto as Section 13.1, the
followings
Sec. 13.1. Police, Auxiliary
1. Pursuant to the provisions of Chapter 3, Police and
Public Order, Article 4, Code of Virginia, 1950, as amended, and
pursuant to written rules and regulations to be promulgated by the
Sheriff with the approval of the Board of Supervisors expressed by
ordinance or resolution, the Sheriff may appoint and provide for
the training and for the use within the county's Sheriff's
Department of the voluntary services of designated individual
persons of good character as an auxiliary police force of the
County, the members of which, when in service, shall have all the
powers and authority and all the immunities of constables at common
law. The number of such persons shall not, at any time, exceed
seventeen (17), nor shall more than ten percent of such persons be
regular County employees, nor shall any such persons be members of
the County's Sheriff's department or fire department.
2. The members of the auxiliary police force shall be in
service of the County (a) in time of public emergency, (b) at such
times as there are insufficient numbers of regular deputies to
preserve the peace, safety and good order of the community, or (c)
at any time for the purpose of training such auxiliary policemen.
At all such times they shall wear the uniform prescribed by
Subsection 4 of this Section.
3. The members of the auxiliary police force, while on duty,
shall have the authority to carry and bear firearms and shall have
the authority to exercise general police powers and make lawful
arrests in searches,
4. The training of such auxiliary policemen, including
instruction in the use of firearms, shall be such as is authorized
or prescribed by the Sheriff. Members of the auxiliary police
force shall undergo the same or equivalent instruction in use of
firearms as is required for regular deputies and police officers.
No auxiliary policeman shall be allowed to carry a firearm in
service until he shall have completed such course of instruction
in firearms. Duty assignments, training, firearms and type of
uniform to be worn shall be such as are specifically prescribed by
the Sheriff, in compliance with the rules and regulations approved
by the Board of Supervisors.
5. Except under emergency circumstances, no vehicle or motor
equipment assigned to the Sheriff's Department shall be driven or
operated by an auxiliary policemen; except that the Sheriff may
authorize non-emergency use for training purposes or for the
effective operations of the auxiliary force generally, whenever
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such specific use would be, in his opinion, consistent with both
the training and experience of the auxiliary officers so authorized
under public safety.
6. Auxiliary policemen shall not be required to act beyond
the limits of the jurisdiction of the ubli y property belo 9gn9
except when called upon to protect any p
to the County of ~ sas rov ded tin Virginia Codete Section 15118
boundary; and excep P
159.7.
7. The Board of Supervisors may at any time, by resolution
or ordinance, revoke, and the Coue~s of tihesauxiliaryypoliceyforce
suspend the authority of the memb
to carry firearms or exercise police powers or the authority of any
one or more of such members. Suspensions, if made, shall The
reported to ervisors may atu any t me disband the membersg of the
Board of Sup
auxiliary police force appointed hereunder.
8. The members of the auxiliary police force shall be
appointed by the Sheriff. He shall also have the authority to
remove any member, according to rules and regulations promu on the
by the Board of Supervisors. Each member, before entering up
duties of his office, shall take and subscribe to any OBVirbiniae
9
the Clerk of the Circuit Court eTf rat 1 w t 1 admi.nister~ such oaths
or other person authorized by g
that he will faithfully and without fear or favor perform the.
duties of a police officer and uphold ,the Constitution of the:
United States and the State of Virginia and such oath or evidence
thereof shall be f filed withf tth t of f cef the Circuit Court and
preserved with the records o
The motion passed unanimously (5-0).
Chairman Bradby called for a public hearing on the following
ordinance:
An Ordinance to Provide Exemptions from Taxation for
Certain Rehabilitated Commercial or Industrial Real
Estate
Chairman Bradby called for persons to speak in favor.
No one appeared.
Chairman Bradby called for persons to speak in opposition.'
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor Edwards explained ro ertrl value find the cCounty
designed to increase the overall p P y taxed for such
without the tax payer immediately being
improvements. Supervisor Edwards further stated the Board had.
previously. set a limit on the exemption so low no one had taken
advantage of it which was the reason for amending the ordinance.
County Administrator Standish stated the incremental increase
would not be taxed for five years and it was the staff's
recommendation that it be reduced from 401 to 25$.
Supervisor Turner. moved the Board adopt the following
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ordinance: '
AN ORDINANCE TO PROVIDE
EXEMPTIONS FROM TAXATION FOR
CERTAIN REHABILITATED COMMERCIAL OR INDUSTRIAL
REAL ESTATE
WHEREAS,. the General Assembly of Virginia by Acts embodied in
Section 58.1-3221 of the Code of Virginia has provided that the
governing body of any county, city or town. may,
provide for the exemption from taxation of real estate whichnhas
been substantially rehabilitated for commercial or industrial use
subject to such conditions and limitations as provided in said
statute; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it to be in the best interest of the taxpayers of
Isle of Wight County as an incentive to rehabilitation of real
estate to provide for a partial exemption from taxation of real
estate rehabilitated commercial or industrial real estate as
hereinafter. provided.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, that Chapter 15,
Taxation, Article II, Real Estate Taxes, be and the same is hereb
amended by adding the following section: y
Section 15-7.2. Exemptions for rehabilitato
or industrial real estate. d commercial
Real estate which has been substantially
rehabilitated for commercial or industrial use is
exempted from taxation of real estate upon the terms
subject to the conditions as hereinafter prescribed:
a. A partial exemption from real estate taxes is
provided for qualifying real estate which has been
substantially rehabilitated for commercial or industrial
use in accordance with this section. For-the purposes
of this section, real estate shall be deemed to have been
substantially rehabilitated when a
industrial structure on said real estate ~~whichais no
less than thirty years of age, has been so improved as
to increase the assessed value of the structure by no
less than twenty-five percent, but without increasing the
total square footage of such structure by more than
fifteen percent.
b. As a requisite for qualifying for partial tax
exemption for rehabilitation of a commercial or
industrial structure, the owners of such structure shall,
at the time he applies for a building permit to
rehabilitate such structure, file with the Commissioner
of Revenue an application to qualify such structure as
a rehabilitated commercial or industrial structure. The
application to qualify for the rehabilitated commercial
or industrial structure tax exemption shall be on a form
approved by the Commissioner of Revenue and. must be
accompanied by a payment of a fee of twenty dollars
($20.00), to be applied to the cost of processing such
application. Such application shall be filed prior to
the commencement of the rehabilitation.
c- After the rehabilitation has been completed
1
' the owner shall submit a written request to .the
Commissioner of Revenue to ies pfor the rehab litated
determine if it then qualif
property exemption. Such inspection and determination
shall be made by thT ttmmlrequest is Rsubmitted.hl If lthe
days' after .such w
property qualifies far such exemption then the tax
exemption shall bas me earf and sha llrunnwithntheyreal
of the next Galen Y ears.
estate for a period no longer than five y
d, The exemption provided in this section shall
be an amount equal to the increase in assessed value
resulting from the rehabi neraof Revenuehand this amount
determined by the Commissio
only shall be applicable to any subsequent assessmentfor
ualif ing
reassessment. The owner of property q Y
partial exemption 'from real estate taxes because of
rehabilitation of a structure shall be issue ear ofethe
memorandum by the County Treasurer for each y
five years period of exemption from real estate taxes.
An increase in asses on nexemctionnshall not qualifyyfor
of such rehabilitate P
an increase in such exemption.
e, Nothing in this section shall be construed as
to .permit the Co reduced evalueRedueu toot e t aforesaid
land book any
exemption.
f. No property shall be eligible for. such
exemption unless the appropriate building permits have
been acquired and the ~O ~t tion a indicatedenon the..
verified that the rehabi
application has been completed.
q, No improvements made upon vacant land nor total
replacement of commercial or indu i ri a fromrureal sestate
be eligible for partial exempt
taxation.
The motion passed unanimously (5-0).
Chairman Bradby called for a public hearing on the followings
An Ordinance. to Amend an Rehab li ated ResidentialtReal
from Taxation for Certain
Estate
Chairman Bradby called for persons to speak in favor.
No one appeared.
Chairman Bradby called for persons to speak in opposition.
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor Edwards moved the Board adopt the following
ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE PROVIDING
EXEMPTIONS FROM TAXATION FOR
eo~~ 14 ;h~; ~p ~~
CERTAIN REHABILITATED RESIDENTIAL
REAL ESTATE
WHEREAS, the General Assembly of Virginia by Acts embodied in
Section 58.1-3220 of the Code of Virginia has provided that the
governing body of any county, city or town may, b
provide for the exemption from taxation of real estate whichnhas
been substantially rehabilitated for residential use subject to
such conditions and limitations as provided in said statute: .and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, did adopt such an ordinance on August 17, 1989, which
provided that residential structures substantially rehabilitated
which were no less than thirty years of age that had been improved
and had been so improved as to increase assessed value of the
structure by no less than forty percent.
WHEREAS, the Board of Supervisors. of Isle of Wight County,
Virginia, deems it to be in the best interest of the taxpayers of
Isle of Wight County as further incentive to rehabilitation of real
estate to provide where said real estate has been so improved as
to increase the assessed value by no less than twenty-five percent,
said real estate should qualify for a partial exemption from
taxation.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, that Section 15-
7.1(a) of Chapter 15, Taxation, Article II, Real Estate Taxes, of
the Isle of Wight County Code be and the same is hereby amended by
amending said Section as follows:
Section 15-7.1. Exemption for rehabilitated
residential real estate.
Real estate which. has been substantially
rehabilitated for residential use is exempted from
taxation of real estate upon the terms subject to the
conditions as hereinafter prescribed:
a• A partial exemption from real estate taxes is
provided for qualifying real estate which has been
substantially rehabilitated for residential use in
accordance with. this section. For the purposes of this
section, real estate shall be deemed to have been
substantially rehabilitated when a residential structure
on said real estate, which is no less than thirty years
of age, has been so improved as to increase the assessed
value of the structure by no less than twenty-five
percent, but without increasing the total square footage
of such structure by more than fifteen percent.
(Subsections b - g remain unchanged).
b• As a requisite for qualifying for partial tax
exemption for rehabilitation of a residential structure.:,
the owners of such structure shall, at the time he
applies for a building permit to rehabilitate such
structure, file with the Commissioner of Revenue an
application to qualify such structure as a rehabilitated
residential structure. The application to qualify for
the rehabilitated residential structure tax exemption
shall be on a form approved by the Commissioner of
Revenue and must be accompanied by a payment of a fee of
twenty dollars ($20.00), to be applied to the cost of
processing such application. Such application shall be
filed prior to the commencement of the rehabilitation.
c. After the rehabilitation has been completed
the owner shall submit a written request to the
Commissioner of Revenue to inspect the structure to
determine if it then qualifies for the rehabilitated
property exemption. Such inspection and determination
shall be made by the Commissioner of Revenue within sixty
days after such written request is submitted. If the
property qualifies for such exemption then the tax
exemption shall become effective beginning January 1st
of the next calendar. year and shall run with the real
estate for a period no longer than five years.
d. The exemption PrO inc ease tin sassessed value
be an amount equal to the
resulting from the rehabilitation of the structure as
determined by the Commissioner of Revenue and this amount
only shall be applicable to any subsequent .assessment or
reassessment. The owner of property qualifying for
partial exemption from real estate taxes because of
rehabilitation of a structure shall be issue ear-ofethe
memorandum b eriod of nexempt on from orealcestate taxes.
five years. p
An increase in .assessment occurring after the ualif yfor
of such rehabilitation. exemption shall not q Y
an increase in such exemption.
e. Nothing in this section shall be construed as_
to permit the Commissioner of Revenue to list upon the
land book any reduced value due to the aforesaid
exemption.
f. No property shall be eligible. for such
exemption unless the appropriate building permits have
been acquired and the Commissioner of Revenue has
verified that the rehabilitation indicated on the
application has been completed.
g. No improvements made upon vacant land nor total
replacement of residential structures shall be eligible
for partial exemption from real estate taxation.
The motion passed unanimously (5-0).
Chairman Bradby called for a public hearing on the followings
An Ordinance to Amend the Subdivision Ordinance of Isle
of Wight County to Reword Section 7-28-1 for Family
Member Subdivisions
Chairman Bradby called for persons to speak in favor.
No one appeared.
Chairman Bradby called for persons to speak in opposition.
William Riddick, attorney from Smithfield, stated he would
like to speak against the ordinance as written because it would
require a landowner to rezone after the fourth division from the
property. Mr. Riddick requested the Board to amend the ordinance
to reflect family member exemptions need not rezone to residential.
Chairman Bradby called for comments by the Board.
e'o~K . 14 ~...: ~~~
Supervisor Bradshaw stated he supported the family member
exemption and requested that the ordinance be reworded to reflect
such.
County Attorney Crook stated the family member exemption as
provided in the State code is for streets so that you can cut a lot
off a larger parcel of land and deed it to a family member and not
have to put in a subdivision road. County Attorney Crook further
stated the lot would still have to be platted and comply with
setbacks and sideyards and other requirements of the ordinance.
County Attorney Crook stated the way the exception was written it
did not clarify this which resulted in confusion for the staff as
to what the landowner was exempted from. He stated further that
this amendment was to make it perfectly clear that the exemption
was only from the street requirements of the subdivision ordinance.
Supervisor Turner moved the Board adopt the following
ordinance with the deletion under Section 7-28.1 of "until the
subdivision of the fourth lot from any one tract or parcel. for
residential purposes":
AN ORDINANCE TO AMEND..
THE SUBDIVISION ORDINANCE OF
ISLE OF WIGHT COUNTY TO
REWORD SECTION 7-28_1 FOR FAMILY
MEMBER SUBDIVISION
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that Section 7-28-1 of
the Subdivision Ordinance of Isle of Wight County, Virginia, be
amended to read as follows:
7-28-1. Family member subdivision
A single division of a lot or parcel for the purpose
of sale or gift to a member of the immediate family of
the property owner is permitted without complying with
Section 4-4-1 of the Subdivision Ordinance as to street
requirements provided said lot or parcel has reasonable
right of way of not less than ten (10 ) feet providing
ingress and egress to a dedicated recorded public street
or thoroughfare. Provided further, .that Section 3-8 of
the Subdivision Ordinance, Required Zoning, shall not be
applicable. Only one such division shall be allowed per
family member and shall not be for the purpose of
circumventing the Subdivision Ordinance. For the purpose
of the subdivision, a member of the immediate family is
defined as any person who is a natural or legally defined
offspring, spouse, grandchild, grandparent, or parent of
the owner.
The motion passed unanimously (5-0).
Chairman Bradby called for a public hearing on the following
request:
The application of the Smithfield High School Student
Cooperative Association to hold a Homecoming Carnival on
Thursday, October 24th from 5:00 p.m. until 10:00 p.m.,
Friday, October 25th from 2:00 p.m. until 7:30 p.m. and
Saturday, October 26th from 10:00 a.m. until 10:00 p.m.
at the Smithfield High School, on Route-644, in Newport
Magisterial District.
eor~n _ ~.~ ~.~
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated the applicants for the request, representatives
of the Smithfield High School Student Cooperative Association, have
requested that the application be withdrawn.
Supervisor Turner moved the Board accept the request for
withdrawal of the application. The motion passed unanimously (5-
Oj.
Chairman Bradby called for a public hearing on the following:.
The application of Dois I. Rosser, Jr. to amend
Conditional Residential General Zoning on approximately
631 acres of land located on the east side of Route,655,
between Route 620 and Route 656 in Newport Magisterial
District. The request is specifically to amend proffered
condition #8 to allow a central septic system to serve
the development until such time as public sewer service
becomes available.
Chairman Bradby called for persons to speak. in favor.
Ed Courtright stated the .project has been on hold for
approximately two years with the primary reason being a lack of a
resolution on -where the sewage system will come from. Mr.
Courtright stated this has now been resolved and the project can
look forward to a sewer line by HRSD by 1996. Mr. Courtright
stated based on this schedule, work could begin in 1994 and the
reason for the request for an interim septic system is to.give them
a two-year leadway if economic conditions permit them to proceed.
Mr. Courtright continued the Planning Commission had approved the
application two years ago and the Board had previously requested
him to return to the Planning Commission who again approved the
application.
Norman Mason, Vice President of Langley & McDonald, stated
the proposal is for a temporary septic field to accommodate
development of Cypress Creek until the HRSD line is made available.
Mr. Mason stated at the last public hearing there was. concern
expressed on'how the temporary septic field would be converted to
a permanent system once the available sanitary sewer comes into the
County. Mr. Mason further stated the system which would be used
to serve the residences-would be the same gravity collector system
and pumping station that would ultimately be turned by closure of
a valve into. the HRSD system when it is available.
Supervisor Turner stated this would have to have approval by
the Health Department.
Mr. Mason confirmed it would have to have' the Health
Department's approval.
Chairman Bradby stated the Health Department's report
indicated there would some risk involved and questioned whether
there would be any discharge into the creek from the system.
Mr. Mason stated there would be no discharge into the creek.
and septic systems installed anywhere would have the same concerns.
attached. Mr. Mason stated the risk would be minimized by the
excellent soils that are available for it and the area that is
.available in which the septic fields can be spread.
Supervisor Bradshaw asked how far the septic field would be
a~~K 1_4 r~.= ~4~
from the creek:
Mr. Mason. replied approximately 200 to 300 feet.
Supervisor Ross asked the anticipated time for the 130 homes
to be hooked onto the system.
Mr. Mason stated it was hoped all the. homes would be hooked
onto the system within a two-year period.
Chairman Bradby called for persons to speak in .opposition.
Bobby Stallings appeared in opposition and stated he was
concerned with the possibility of contamination of the creek and
surrounding wells.
Chairman Bradby called for comments by the Board.
County Administrator Standish pointed out there were two
letters of opposition which arrived too late to be included in the
agenda.
Supervisor Turner asked the County's position to mandate that
the project hook on when the HRSD line is made available.
County Attorney. Crook stated this was made part of their
proffer which states they shall install a gravity sewer line,
necessary pumping station and sewer collector system required by
the developer.
Chairman Bradby stated after reading the Health Department
report on the risks involved he would have a problem in supporting
the application and moved the Board deny the application with
Supervisor Edwards voting in favor of the motion and Supervisors
Ross, Turner and Bradshaw voting in opposition to the motion. The
motion was defeated (2-3).
Mr. Mason stated that there are risks involved in any type of
sanitary sewer system, although major contamination is far greater
with a force main system than it is with a septic tank system.
Supervisor Turner stated because of the reality of the HRSD
line coming into the County and the adoption of the Chesapeake .Bay
Ordinance he would support the application..
Supervisor Bradshaw then moved the Board approve the
application. .The motion passed (3-2) with Supervisors Turner,
Bradshaw and Ross voting in favor of the motion and Chairman Bradby
and Supervisor Edwards voting in opposition to the motion.
//
Chairman Bradby called for Citizens Comments.
Bill Barrett of the Carrsville precinct requested the status
of the change from the Carrsville Fire Department to the Carrsville
Community Center.
County Attorney Crook advised that he had written and
telephoned the Justice Department as previously requested by the
Board although the Justice Department had not yet responded to his
request. County Attorney Crook further stated he had telephoned
the Justice Department again today and requested a response by
tomorrow because the County was required to have fifteen days to
.~.
notify the voters of any change in the polling place. County
Attorney Crook stated if the County did not have approval from the
Justice Department at least fifteen days prior to election day,
then the polls would have to be held at the Carrsville Fire
Department.
Mr. Barrett stated he thought the Board was wrong in letting
an appointed board decide for the Board of Supervisors where the
citizens of the Carrsville precinct would be voting.
Supervisor Bradshaw stated the motion was made by Supervisor
Turner on what he said, but what he said was not in the minutes of
the meeting.
Supervisor Ross stated the decision has-been made and if the
County can get the Justice Department to respond in time, then the
polling place will be at the Carrsville Community Center. If not,
continued Supervisor Ross, the polling place will be :held at the
Carrsville Fire Department this year and possibly change it next
year.
Grace Keen, resident of the Newport Election District., stated
she was concerned about the location of the new high school in
Windsor.
Supervisor Turner stated he has expressed a desire to the
School Board that the location of the new. high school be located
in the Windsor area to .incorporate as much balance in the County
as possible.
Supervisor Bradshaw stated that 40$ of the taxpayers were
located in his area of the County and that the high school should
be built on the other side of Route 460.
R. L. Walker, resident of the Hardy District, stated the land
selected for the high school was not suitable, and urged the Board
to consider selecting a new site which would have. a better racial
balance.
David Hardy expressed concern with the location of the new
high school in Windsor and urged the Board to request a
comprehensive study.
//
Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following applications for the Board's
consideration:
A. The application of Emma G. Duck to locate a
mobile home. to be occupied by her husband and
herself on two (2) acres of land located on
Route 623 in Hardy Magisterial District.
Mr. Caskey stated the purpose of the application is to allow
the applicant to occupy a mobile home on the .property. Mr. Caskey
further stated there is an existing structure on the property which
will be occupied by the applicant's,-daughter and son-in-law. Mr.
Caskey continued no one appeared in opposition to the application
when it was presented to the Planning Commission and the Planning
Commission voted to recommend approval of the application with the
conditions as follows: (1) stipulating that no more than five
ae~~ ~ 4 ~~ .. ~~ ~~
persons total would be occupying the mobile home and the single
family dwelling combined and (2) with the condition that the mobile
home be .removed once it no longer served as occupancy as a
residence for John B. and Emma G. Duck.
Chairman Bradby called for citizens to speak in favor.
Emma Duck appeared in favor.
Chairman Bradby called for comments by Board members.
County Attorney Crook stated that the Planning Commission's
recommendation is that the mobile home be removed once it is no
longer occupied by John B. and Emma G. Duck. .County Attorney Crook
stated he would like to suggest that it be worded John B. and/or
Emma G.-Duck.
Supervisor Ross moved that the Board approve the application.
of Emma G. Duck with the revised condition as stated by the County
Attorney. The motion passed unanimously (5-O).
B. The application of Eunice V. Holmes to locate
a mobile home to be occupied by Mary Atkins on
one (1) acre of land located on Route 676 in
Hardy Magisterial District.
Mr. Caskey stated at the Planning Commission meeting when the
application was considered, Viola Atkins spoke on behalf of the
applicant and it was determined that Ms, Atkins is the cousin of
Eunice Holmes.. It was then further determined that Viola Atkins
and her daughter, Mary Atkins, would occupy the mobile home.. Mr.
Caskey stated no opposition was expressed at the Planning
Commission meeting and the Planning Commission voted unanimously
to recommend approval of the application with the understanding
that both Viola Atkins and Mary Atkins would be occupying the
mobile home.
Chairman Bradby called for persons to speak in favor.
Viola Atkins appeared in favor.
Chairman Bradby called for comments by the Board.
There being no comments from the Board, Chairman Bradby moved
the Board concur with the recommendation of the Planning Commission
to approve the application of Eunice V. Holmes. The motion passed
unanimously (5-O).
C. The application of Bennie and Blanche Holliman
to locate a mobile home for a period of three
(3) years, to be occupied by Lamont Holliman
on .86 acres of land located on Route 606 in
Newport Magisterial District.
Mr. Caskey stated no opposition appeared at the Planning
Commission's meeting and the Planning Commission voted unanimously.
to .recommend approval of the application subject. to specific
comments recommended by the Health Department that the maximum
number of occupants in the house and mobile home not exceed a total
of six persons and that the mobile home be removed after three
years of occupancy or if the drainfield should at any time fail and
that no part of the mobile home would be placed over the septic
tank and drainfield.
~~ ~ 1.4 ~~.. ~,7
Chairman Bradby called for citizens to speak in favor.
Lamont Holliman appeared in favor.
Chairman Bradby called for comments by the Board.
Supervisor Edwards moved the Board approve the application of
Bennie and Blanche Holliman. The motion passed unanimously (5-
0).
D. The application of Ronald S. Jones to continue
the location and occupancy of a mobile home
for thirty-six (36) months while building his
residence on 5.3 acres of land located off
Route 624 in Hardy Magisterial District. '
Mr. Casket' stated the existing mobile home was originally
approved under a Conditional Use Permit by the Board of Supervisors
on October 6, 1988 for a period of thirty-six months during which
the applicant was to have constructed a residence. Mr. Casket'
further stated the most recent check of departmental records
indicates that a building permit for the residence has not yet been
issued. Mr. Casket' continued at the time this request was
considered for an extension by the Planning Commission there was
no opposition presented and the Planning Commission recommended
approval of the extension..
Supervisor Ross asked Mr. Casket' if the applicant was at the
Planning Commission meeting, and if so, did he offer an explanation
as to why no building permit had been requested.
Mr. Casket' stated the applicant indicated that he had operated
a business in the Smithfield area and the economic status of such
business had not enabled him to proceed with construction of the
home.
Supervisor Turner moved the Board approve the application of
Ronald S. Jones. The motion passed unanimously (5-0).
At the request of Supervisor Turner, Mr. Casket' stated he had
received a call from a resident who is located in the northern part
of the .County which is zoned R-1 residential who was concerned
about her inability to receive a zoning permit and business license
for a home occupation. Mr. Casket' further stated the zoning
ordinance as currently written is clear in terms of home
occupations not being permissible in the R-1 residential district,
although home occupations are permissible in A-1, A-2, R-2 and R-
3 districts. Mr. Casket' stated an option that could be entertained
by the Board would be to amend the ordinance to allow home
occupations in the R-1 district or possibly a special permit could
be issued..
Supervisor Turner stated A-1, A-2, R-2 and R-3 districts allow
home occupations and he would suggest that the Board hold a public
hearing to propose that the R-1 districts be amended as well.
County Attorney Crook stated he had not heard about this
problem prior to the meeting and thus had not had time to review
the ordinance, but he believed R-1 residential contained higher
density and smaller lot subdivisions and home occupations generally
require parking and other things that are not desirable in high
density and smaller lot subdivisions. County Attorney Crook
further stated if the Board wished to consider an amendment to the
zoning ordinance, the proper procedure would be to refer the. matter
89~~ ~_4 ~~; . 1C~
to the Planning Commission.
Supervisor Turner stated he would like to meet with the County
Attorney to review the alternatives.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated at the previous meeting the Board
approved the terms of the lease for Moody Trucking Company on the
portion of the reclaimed landfill site and he had prepared a lease
agreement and sent a copy to County Administrator Standish for his
review. County Attorney Crook stated he was now ready to present
the lease to the Board for approval and signature by the Chairman.
Supervisor Ross moved the Board approve the following lease
agreement:
LEASE AGREEMENT
This lease agreement entered into on the 17th day of October,
1991, by and between THE COUNTY OF ISLE OF WIGHT, State of
Virginia, referred to as lessor, and MOODY TRUCKING CO., INC., a
Virginia corporation, having its principal place of business in the
County of Isle of Wight, Virginia, referred to as lessee.
In consideration of the mutual covenants contained in this
lease agreement, the parties agree as follows:
SECTION ONE
DESCRIPTION OF PREMISES
Lessor leases to lessee and lessee does hereby lease and take
as lessee the following property, including the improvements
thereon, described as follows:
All that certain piece, parcel, or lot of land
consisting of 0.55 acres, more or less, located in
Newport Magisterial District, Isle of Wight County,
Virginia, and more particularly described as follows:
Beginning at the western terminus of State Route 699 and
running N 74°13' 35 W 126.0 feet to the point of
beginning: ohence N 74 °13' 35" W. 155.5 feet to a point:
thence N 15 46' 25" E 153.5 feet to a point: thence S
74 °13' 35" E 155.0 feet to a point: thence S 15°46' 25"
W 155.5 feet to the point of beginning.
The real estate hereby described being a part of the 35
+/- acres conveyed by the Town of Smithfield to the
County of Isle of Wight by deed dated January 3, 1973
and recorded in the Clerk's Office of the County
aforesaid in Deed Book 217 at pages 133-138.
.SECTION TWO
PURPOSE
Lessee represents that the above-described property is being
leased for the storage and assembly of pre-fabricated septic tanks
and septic tank drain field material and for no other purpose
whatsoever without the written consent of the lessor endorsed on
this lease agreement, for the term of thirty-six (36) months
beginning on the 17th day of October, 1991 and terminating on the
n~.K 1.4~=~: ~~~ ~'
P
•16th day of October, 1994 at 5:00 p.m.
SECTION THREE
RENT
Lessee shall pay to lessor, at the office. of the County
.Administrator of Isle of Wight County located at the Isle of Wight
Courthouse, Isle of Wight, Virginia, the sum of Two Hundred Fifty
Dollars ($250.00) per month. Payable on the first day of the
month. Lessee shall pay to lessor, on demand, any sum that may be
due to lessor for additional services, accommodations, or materials
furnished to lessee.
SECTION FOUR
SURRENDER OF PREMISES
Lessee shall quit and surrender the demised premises and al,l
improvements thereon to lessor at the end of the term of this lease
agreement in the same condition as at the date of the commencement
of this lease agreement, ordinary use and wear excepted.
SECTION FIVE
RULES AND REGULATIONS
Lessee shall abide by and. conform to all rules and regulations
from time to time adopted or prescribed by lessor for the
government and management of the property.
SECTION SIX
INDEMNIFICATION
Lessee covenants and agrees to .save lessor harmless and to
indemnify lessor against any claim and .any other public liability
or property damage liability that may arise or accrue by reason of
the use by lessee of the demised premises.
SECTION SEVEN
COMPLIANCE WITH LAW
Lessee shall comply with all laws of the United States and of
the State of Virginia and .all ordinances of the County of Isle of
Wight. Lessee will obtain and pay for bodily injury, liability and
property damage insurance as required by the Board of Supervisors
of Isle of Wight County, Virginia. Lessee will obtain and pay for
all necessary .permits and licenses and will not do or suffer to be
done anything on the demised premises during the term of this lease
agreement in violation of any such. laws, ordinances, rules or
requirements. If the attention of lessor is called to any such
violation on the part of lessee or of any person employed by or
admitted to the demised premised by lessee, lessee will immediately
desist from and correct or cause to be corrected such violation.
SECTION EIGHT
ASSIGNMENT AND SUBLETTING
Lessee further covenants that the demised premises will be
used and occupied for the purposes mentioned in a careful, safe
and proper manner; neither the whole nor any part of the demised
premises will be used for any purpose except as previously
described; and the demised premises will not be sublet in whole or
in part, nor this lease agreement be assigned, without the prior,
express, and written consent of lessor, under pain of forfeiting
the residue of the term granted at the election of lessor in like
manner as for failure or refusal to pay rent.
a0~d 1~ ~~~ 60~
~~,,:.
SECTION NINE
CARE OF DEMISED PREMISES
Lessee further covenants that the demised premises, with all
the appurtenances, were in good order and condition when received,
and that during the terms of this lease agreement lessee will keep
the demised premises and appurtenances in like good order and
repair and in a clean and wholesome condition, without charge or
expense to lessor, and will not allow any waste or misuse of the
water or electricity and will pay for all damages to any structure
caused by any waste, misuse, or neglect of the demised premises,
its apparatus or appurtenances by lessee, lessee's officers,.
agents, or employees.
SECTION TEN
ALTERATIONS
A. It is further covenanted that any alterations in or to
the demised premised that may be made during the- terms of this
lease agreement will be at the expense of lessee.
B. No alterations of any character will be made unless a
plan of the alterations is first submitted to lessor, and until
lessor shall have given written permission for such alterations.
SECTION ELEVEN
LESSOR'S RIGHT OF ENTRY
Lessor reserves the right at any time during the terms of this
lease agreement to enter on the demised premises, either in person
or through lessor's designated agents or employees, for the purpose
of inspecting the demised premises and ascertaining their
condition, or for any other purpose whatsoever.
SECTION TWELVE
UTILITIES AND SERVICES
Lessee agrees to be responsible for all utilities including
electricity furnished to said property.
SECTION THIRTEEN
TERMINATION
Lessor hereby expressly reserves the right to terminate this
lease agreement at any time during the term hereof by giving lessee
ninety (90) days written notice of termination and lessee hereby
agrees to terminate and vacate the premises by removing all of
lessee's personal property, equipment and materials therefrom
within said ninety (90) days termination period.
SECTION FOURTEEN
DEFAULT IN RENT PAYMENT
Lessee covenants that if any default is made in payment of
rent at the time specified above, or if any default is made in any
covenant or condition of this lease agreement, then this lease
agreement and the relation of lessor and lessee, at the option of
lessor, shall cease and terminate and the relation of the parties
shall be the same in all respects as if the term had fully expired.
Under such circumstances, lessor may reenter the demised premises
and hold them as of its former estate, remove all persons from the
demised premises, and resort to any legal proceedings to obtain
possession. Lessee shall, in spite of such reentry, pay the full
a.o f~~ 1.4 ,.. - f~ ~.
amount of rental as agreed to be paid in this lease agreement.
SECTION FIFTEEN
ENTIRE AGREEMENT
This lease agreement shall constitute the entire agreement
between the parties. Any prior understanding or representation of
any kind preceding the date of this lease agreement shall not be
binding upon either party except to the extent incorporated in this
lease agreement.
SECTION SIXTEEN
MODIFICATION OF AGREEMENT
Any modification of this .lease agreement or additional
obligation assumed by either party in connection with this
agreement shall be binding only if evidenced in a writing signed
by each .party or an authorized representative of each party.
SECTION SEVENTEEN
NOTICES
A. All notices, demands or other writings in this lease
agreement provided ~to be given or made or sent, or which may be
given, made or sent, by either party to the other, shall be deemed
to have been fully given or made or sent when made in writing and
deposited in the United States mail, registered and postage
prepaid, and addressed as follows:
TO LESSORS County Administrator
Isle of Wight County
P.O. Box 80
Isle of Wight, Virginia 23397
TO LESSEE: Moody Trucking Co., Inc.
P.O. Box 222
Smithfield, Virginia 23430
B. The address to which any notice, demand or other writing
may be given or made or sent to any party as above provided may be
changed by written notice given by such party as above provided.
The motion passed unanimously (5-0).
County Attorney Crook stated that included in the agenda were
the bylaws for the Auxiliary Police Force which requires approval
by the Board.
Upon recommendation from County Attorney Crook, Supervisor
Turner moved the Board approve the Auxiliary Policy Force bylaws
as follows:
ISLE OF WIGHT COUNTY SHERIFF'S DEPARTMENT
AUXILIARY POLICE DIVISION
BY-LAWS
ARTICLE 1
Section 1 - The members of the Isle of Wight County Auxiliary
Police shall be. citizens of the County of Isle of Wight-and must
be, at the time of appointment, a resident for six months prior to
appointment.
Section 2 - The active membership of the Isle of Wight County
Auxiliary Police shall be a lieutenant, two sergeants and fourteen
B~~K ~4 .N. { ~?
patrolmen.
Section 3 - The lieutenant of the Isle of Wight County Auxiliary
Police shall be appointed by the Sheriff and serve at his pleasure.
The sergeants of the Isle of Wight County Auxiliary Police shall
be appointed- by the Sheriff with recommendations from the
Lieutenant of the Auxiliary and shall serve at the pleasure of the
Sheriff.
Section. 4 - The members of the Isle of Wight County Auxiliary
Police shall be appointed by the Sheriff pursuant to rules and
regulations established by him. The Sheriff shall have the
authority to remove any member, according to rules and regulations
promulgated and ordinance adopted by the Board of Supervisors of
Isle of Wight County, Virginia.
Section 5 - The membership of the Isle of Wight. County Auxiliary
Police shall come under the Sheriff's Department's rules and
regulations and other rules and regulations established by or at
the direction of the Sheriff.
ARTICLE 2
Duties of Business Officers
Section 1 - President: It shall be the duty of the President to
call the meetings and preside over the business meetings of the
Isle of Wight County Auxiliary Police. The President shall have
authority to preserve order, appoint committees as deemed necessary
and to call special business meetings at the request of any member,
the Sheriff, or his appointed representative to the Isle of Wight
County Auxiliary Police.
Section 2 - Vice President: It shall be the duties. of the Vice
President to act as President in the absence of the President at
meetings and to assist the President in his duties.
Section 3 - Secretary/Treasurer: It shall be the duty of the
Secretary/Treasurer to record and .keep all records correctly at
the proceedings of the business meetings of the Isle of Wight
County Auxiliary Police. The Secretary/Treasurer shall be required
to keep account of monies received from donations to the Isle of
Wight County Auxiliary Police and to pay out monies as directed by
the President and voted on and approved by the membership. All
monies received (donations). may be used by the Isle of Wight County
Auxiliary Police for social events, equipment, or as deemed
appropriate and approved by vote of majority of those present at
a business meeting. The Secretary/Treasurer will have immediate
authority, (up to $25.00) to send flowers to any member of the Isle
of Wight County Auxiliary Police (or the immediate family of any
member) in the event of sickness or death.
The Secretary/Treasurer shall be required to report to the
President and membership, in writing, at one meeting per month, a
financial report. and accounting of monies received, disbursed and
the balance on hand.. A written quarterly report shall be prepared
and forwarded to the Sheriff.
Section 4 - Term of Office: The term of office for the elected
officers shall be from the first meeting in January, of each year,
to December 31, of each year. Elections shall be held at the last
meeting in December, of each year.
ARTICLE 3
Poc~~ 1.4 ~N~,.: f~3 ~
Working Officers
Section 1 - Lieutenants The Lieutenant in charge (or a sergeant
in his absence) will be called upon at the conclusion of business
meetings to take charge of the Isle of Wight County Auxiliary
Police.
Section 2 - The lieutenant of the Isle of Wight County Auxiliary
Police shall have all the duties and responsibilities as assigned
by the Sheriff or his representatives. The lieutenant shall have
authority to direct/command all members of the. Auxiliary officers
as promulgated by the rules and regulations and guidelines set
forth by the Sheriff.
The sergeants of the Isle of Wight County Auxiliary Police
may have duties and responsibilities assigned by the lieutenant of
the Auxiliary and the Sheriff or his representatives, as deemed
necessary.
ARTICLE 4
Meetings - The meetings of the entire membership shall be held on
the second and fourth Tuesday of each month unless a special
meeting or exercise is called.
The meetings shall promptly start at 7s30 p.m.; conduct of
meetings and membership .shall be pursuant to By-Laws of the
organization, rules, reyulations and laws of the Department, County
and State of Virginia. Business meetings shall be conducted in
accordance with Robert's Rules of Order.
The motion passed unanimously (5-0).
County Attorney Crook stated that he had assisted Donald
Robertson in revising the County grievance procedure under the
personnel policy plan as requested by the State .which does not
require a public hearing.
Supervisor Ross stated he had reviewed it and was concerned
with the amount of time involved in each .step of the grievance
procedure.
County Attorney Crook stated these. steps were in compliance
with the provisions of the State and presumed to be reasonable
amounts of time.
Supervisor Turner moved the Board approve the following
grievance procedures
ARTICLE VIII
Grievance Procedure
Section 8.0
Polic
Isle of Wight County desires to resolve employee grievances
fairly and promptly. Employees are encouraged to freely discuss
their concerns with immediate supervisors and upper management
levels when disagreements or dissatisfactions arise.
Section 8.1
eooK 14 ~~:~ 64
PurDOSe
The purpose of a grievance procedure is to establish an
objective and fair method of resolving an employees complaint or
dispute concerning his/her employment with the County. All
problems, complaints or disputes, even of a minor nature, should
be resolved with the least amount of delay.
Section 8.2
Applicability
Unless otherwise provided by law, all nonprobationary local
government permanent full-time and part-time employees are eligible
to file grievances with the following exceptionss
a• Appointees of elected groups or officials;
b. Officials and employees who by statute,
ordinance or other law serve at the will or
pleasure of the Board of Supervisors;
c. Deputies and executive assistants of the
County Administrator;
d. Agency or department heads or chief executive
officers of County operations;
e. Employees whose terms of employment are
limited by law;
f. Temporary, limited term and seasonal
employees;
g. Law enforcement officers as defined in Chapter
10.1 {Section 2.1-116.1 et seq.) of Title 2.1
of the Code of Virginia whose grievance. is
subject to the provisions of Chapter 10.1 and
.who have elected to proceed pursuant to those
provisions in the resolution of their
grievance, or any other employee electing to
proceed pursuant to any other existing
procedure in the resolution of his grievance.
Notwithstanding the exceptions set forth above, the County,
at its sole discretion, may voluntarily include employees in any
of the excepted categories within the coverage of their grievance
procedures.
Section 8.3
A. Definition of Grievance
A grievance shall be defined as a complaint or dispute by an
employee.. relating to his/her employment, including but not
necessarily limited tos
a, Disciplinary actions, including dismissals
(whether resulting from formal discipline or
unsatisfactory job performance or a voluntary
resignation), demotions and suspensions;
b. The. proper application or interpretation of
personnel policies, procedures, rules,
~o~~ 14 :~~ E~~
regulations and ordinances;
c. Acts of retaliation as the result of
utilization of the grievance procedure or of
participation in the .grievance of another
County employee;
d, Complaints of discrimination on the basis of
race, color, creed, political affiliation,
age, disability, national origin or sex.
e. Acts of retaliation because the employee has
complied with any law of the United States,.
State of Virginia or County of Isle of Wight,
has reported any violation of such law to a
governmental authority, or has sought any
change- in law before the Congress of the
United States, the General Assembly or the
Board of Supervisors.
B. Management Responsibilities
Management reserves the exclusive right to manage the affairs
and operations of County government. Accordingly, the following
complaints are not grievable under this procedure:
a. Establishment and revision of wages or
salaries, position classifications or general
benefits;
b. Work activity accepted by the employee as a
condition of employment or work activity which.
may reasonably be expected to be a part of job
content;
c. Contents of ordinances, statutes or
established personnel policies, procedures,.
rules and regulations;
d. .Failure to promote except where the employee
can show that established promotional policies
or procedures were not followed or applied..
fairly;
e. The methods, means and personnel by which work
activities are to be carried on;
f. Except where such action affects an employee
who has been reinstated within the previous
six months as the result of the final
determination of a grievance, termination,
layoff, demotion, or suspension from duties
because of lack of work, reduction in work
force, or .job abolition;
q. The hiring, promotion, transfer, assignment
.and retention of employees within the County;
h. The relief of employees from duties of the
County in emergencies;
In any grievance brought under the exception to provision (f)
of this subsection, the action shall be upheld upon a showing by
the County thats
aao~ . :~.4.. ~~~:~ ~~ a3
(1) There was a valid business reason for the
action;
(2) The employee was notified of the reason in
writing prior to the effective date of the
action.
Section 8.4
Grievance Procedure
Most employee concerns or complaints can be resolved
informally through communications between the employee and his/her
supervisor. Accordingly, employees are encouraged to take their
complaints to their immediate supervisor and then to upper-
management levels to seek a solution. Employees are also
encouraged to pursue grievable issues through the grievance
procedure.
Step 1. The employee shall identify the grievance
verbally to his/her immediate supervisor in an
informal meeting within twenty (20) calendar.
days after the event or action which is the
basis far the grievance. The supervisor shall
give a verbal response to the employee within
seven (7) calendar days following the meeting.
If a resolution is not reached at this point,
the employee shall submit to the supervisor the
nature of the grievance and the specific relief
requested within seven. (7) calendar days
following the date of receipt of the verbal
response. The supervisor, in turn, shall give
the employee a written response within seven
(7) calendar days following receipt of the
grievance.
Step 2. If the grievance is not resolved at the first
step, the employee shall state in writing
his/her desire to have the grievance advanced
to the next step within seven ( 7 ) calendar days
after receipt of the grievance following the
supervisor's written response. A meeting to
review the grievance shall be held between the
employee and the department director within
seven (7) calendar days after receipt of the
grievance. The time limit between the second
step submission and the second step meeting may
be extended by mutual agreement. At the second
step meeting, the employee may have a
witness(es) of his/her choice present. At the
second step meeting the supervisor may likewise
have a witness(es) present if he/she so
desires. The department director shall make
a separate inquiry into the complaint and a
written reply to the grievance shall be
provided to the employee within seven (7)
calendar days after the second step meeting.
Step 3: If a satisfactory resolution is not reached at
the second step, the employee may file a
written request for a hearing with the County
Administrator within fourteen (14) calendar
days after receipt of the department director's
aoc;K ~..4.. ~N; ~7.~
reply. A copy of the request for a .hearing
shall be sent to the employee's department
director. Upon receipt of the written request
for a hearing and verification that Steps 1 and
2 have been taken, the County .Administrator
shall schedule the requested hearing within (7)
calendar days. The time between the third step
submission and the third step hearing may be
extended by mutual .agreement. The County
Administrator may decline to hear the grievance
and forward the request to a panel hearing in
accordance with Section 8.5. If the County
Administrator chooses to hear the grievance,
the employee and the County Administrator may
have a representative(s) of their choice
present at the hearing. The County
Administrator shall provide the employee with
a written reply within seven (7) calendar days
after the conclusion of the hearing. A copy
of the reply shall be sent to the department
director.
At Steps 1 and 2 only the grievant, appropriate managerial
person (supervisor at Step 1, department director at Step 2) and
appropriate witness(es) may be present. At Step 3, the grievant.
may have a representative present and, if the grievant is
represented by legal counsel at Step 3, then the County may also
be represented by legal counsel at Step 3.
Section 8.5
Panel Hearing
If the grievance is not settled.in Step 3, the grievant may
proceed to a hearing before an impartial panel. A written request
for a panel hearing must be submitted to the County Administrator
within ten (10) calendar days of the receipt of the third-step
reply.
The panel shall be selected within ten (10) calendar days
after receipt of the written request for a panel hearing. The
panel shall consist of three members, one member appointed by the
grievant, one member appointed by the County Administrator, or his
designee, and.the third member selected by the first two. The
third person shall be the chairperson of the panel. In the event
that agreement cannot be reached as to the final panel member, the
chief judge of the circuit court of the jurisdiction wherein the
dispute arose shall select the third member.
To insure an impartial panel, such panel shall not be composed
of any person having direct involvement with the grievance being
heard by the panel, or with the complaint or dispute giving rise
to the grievance. Management personnel who are in a direct line
of supervision of the grievant, persons residing in the same
household as the grievant and the following relatives of a
participant in the grievance process or a participant's spouse are
prohibited from serving as .panel members: spouse, parent, child,
descendants of a child, sibling, niece, nephew and first cousin.
No attorney having direct involvement with the subject matter of
the grievance nor a partner, associate, employee or co-employee of
such attorney shall serve as a panel member. Panel members chosen
in compliance with these requirements shall be deemed to be
impartial.
9~1~~d 1.4 :h;;- f~~
The panel has the responsibility to interpret the application
of appropriate County policies and procedures. It does not have
the prerogative to formulate or to change policies or procedures.
The panel shall set the time for the hearing which shall be held
as soon as practicable, but no more than ten (10) work days after
the panel has been selected and the employee notified.
Panel members, either individually or collectively, should
not have contact with or hear any discussion of the grievance from
any person(s) previously involved in an earlier phase of the
grievance until such time the panel meets.
Both the respondent and the grievant may have legal counsel,
or representatives of their choice present at this meeting.
The conduct of the panel hearing shall be as follows:
1. The panel shall determine the propriety of
attendance at the hearing of persons not
having a direct interest in the hearing, and,
at the request of either party, the hearing
.shall be private;
2. The County provides the panel with copies of
the grievance record prior to the hearing, and
provides the grievant with a list of the
documents furnished to the panel and the
grievant and his attorney, at least ten (10)
calendar days prior to the scheduled panel
hearing, shall be allowed access to and copies
of all relevant files intended to be used in
the grievance proceeding;
3. The panel has the authority to determine the
admissibility of evidence without regard to
the burden of proof, or the order of
presentation of evidence, so long as a full
and equal opportunity is afforded to all
parties for the presentation of their
evidence;
4. All evidence shall be presented in the
presence of the panel and the parties, except
by mutual consent of the parties;
5. Documents, exhibits, and list of witnesses
shall be exchanged between the parties in
advance of the hearing; -
6. The majority decision of the panel, acting
within the scope of its authority shall be
final, subject to existing policies,
procedures and law;
7. The panel's decision shall be filed in writing
by the panel chairperson .with the County
Administrator not later than ten (10) work
days after the completion of the hearing.
Copies of the panel's decision shall be transmitted to the.
employee, the employee's supervisor, the employee's department
director and the County Administrator.
Section 8,6
Determination of Grievability
1. Determining Issues Qualifying for the
Management Steps
If the first or second step written management response
indicates that a given issue is-not grievable, an employee may
appeal to the County Administrator, or his designee, who is
empowered to render a decision on the grievability and. on the
access of the procedure of issues in the management steps. Neither
the County Attorney nor the Commonwealth's Attorney shall be
authorized to decide the question of grievability.. If the County
Administrator finds that the issue is grievable, the grievance may
be pursued through the three management steps. However, if the
County Administrator, or his designee, finds that the issue is not
grievable, the employee may appeal to the Circuit Court for a
hearing on the issues as to whether or not the grievance qualifies
for a panel hearing. The appeal procedure shall be in accordance
with subsection 2 below. If the issue is qualified by the Court,
the management step process should be completed before proceeding
to panel (unless the grievance is otherwise resolved.)..
2. Determining Issues Qualifying for a Panel
Hearing
Decisions regarding whether or not a matter qualifies for a
panel hearing shall be made by the County Administrator at the
request of the department director or grievant and such decisions
shall be made within ten (10) calendar days of such request. Such
requests shall be made in writing. Such decisions of-the County
Administrator may be appealed to the Circuit Court for a hearing
on the issues as to whether or not the grievance qualifies for a
panel hearing. Proceedings for review of the decision of the
County Administrator shall be instituted by filing a written notice
of appeal with the County Administrator within ten (10) calendar
days thereafter, the. County Administrator shall transmit to the
Clerk of the Circuit Court to which-the appeal is taken a copy of
the decision of the County Administrator, a copy of the notice of
appeal, and the exhibits. A list of the evidence furnished to the
Court shall also be furnished to the grievant. The failure of the
County Administrator to transmit the record within the time allowed
shall not prejudice the rights of the grievant. The Court on
motions of the grievant, may issue a writ of certiorari requiring
the County Administrator to transmit the record on or before a
certain date. Within thirty (30) days of receipt by the Clerk of
such records,the Court, sitting without a jury, shall hear the
appeal on the record transmitted by the County Administrator and
such additional evidence as may be necessary to resolve any
controversy as to the correctness of the record. The Court, in its
discretion, may receive such other evidence as the ends of justice
require. The Court may affirm the decision of the County
Administrator or may reverse or modify the decision. The decision
of the Court shall be rendered no later than the fifteenth (15th)
day from the date of the conclusion of the .hearing. The decision
of the Court is final and is not appealable.
Section 8.7
Following the Procedure
After the initial filing of a written grievance, failure of
either party to comply with all substantial procedural requirements
of the grievance procedure without just cause will result in a
decision in favor of the other party on any grievable issue,
provided ..the party not in compliance fails to correct the
noncompliance within five (5) work days of the receipt of written
notification by the other party of the compliance violation. Such
written notification by the grievant shall be made to the County
Administrator. Failure of either -party without just cause to
comply with all substantial procedural requirements at the panel
hearing shall result in a decision in favor of the other party.
This procedure is provided as a means for employees to resolve
problems and complaints without the cost often associated with
legal counsel. However, if an employee using the procedure would
feel .more comfortable in having such support, the employee shall
be responsible for related expenses.
The motion passed unanimously (5-0).
County Attorney Crook stated he had one other matter for
Executive Session later in the meeting.
//
Chairman Bradby called for the County Administrator's report.
Dr. Ed Harris, Health Department Director, stated additional
space for the Health Department was critical because Health
Department personnel were forced to work in hallways creating a
lack of privacy and that three Sanitarians had recently been hired
due to work demand, in addition to the implementation of the
Personal Care Program. Dr. Harris further stated there was also
inadequate storage space for storing supplies and using State.
figures, 10,000 square feet of space was needed compared to the
6,000 square feet presently being utilized.
County Administrator Standish stated the State will reimburse
the County for a health facility over the next twenty-five years
in lease payments.
Dr. Harris stated the State would reimburse a portion of the
cost of a new facility and the State allows the County to charge
to them the site preparation and the cost of building the building,
but not the interest borrowed.
Supervisor Edwards moved the Board authorize the County
Administrator to look into various alternatives and report back to
the Board with options and costs. The motion passed unanimously
(5-O).
Supervisor Bradshaw commented he would like to see the Health
Department located at the Courthouse complex.
County Administrator Standish stated the Board had previously
selected a committee consisting of Supervisors Ross and Turner to
contact Suffolk relative to the preferred routing of HRSD through
Suffolk into the County. County Administrator Standish stated the
Suffolk City Council indicated the Route 17 location was their
preference and requested the Board to approve the resolution and
agreement. County Administrator Standish .noted the amended
language in the project description which specified the extension
of HRSD service on Route 666 to benefit the industrial user.
Supervisor Turner moved the Board adopt the following
resolution which authorizes the Chairman to sign the agreement on
behalf of the Board:
P9~'-r. ~..4 ~.,;~, 1 ~~
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONSTRUCTION
OF SMITHFIELD INTERCEPTOR FORCE MAIN FOR THE COUNTY OF ISLE OF
WIGHT
WHEREAS, the Board of Supervisors of Isle of Wight County
has evaluated the need for and route of the extension of Hampton
Roads Sanitation District service into Isle of Wight County;
and,
WHEREAS, the Board of Supervisors of Isle of Wight County
concur with the Master Plan of Hampton Roads Sanitation District
for. such service.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Isle of Wight County does hereby approve the
agreement for construction of Smithfield interceptor force main
for the County of Isle of Wight, and authorize its Chairman to
execute the agreement on behalf of the County, and its clerk to
attest to same.
The motion passed (3-0~ with Supervisors Ross and Edwards
abstaining.
Supervisor Ross moved the- Board adopt the following
resolution:
Resolution Agreeing to the Request of the Virginia Department
of Transportation to Close Route 614 Temporarily for the
Purpose of Replacing a Bridge Over Ducks Swamp
WHEREAS, -the Virginia Department of Transportation is
desirous of closing Route 614 for the purpose of replacing a
bridge over Ducks Swamp, Project 0614-046-242, M501, B624, and
has requested the approval of the Board;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that the Board concurs with
the recommendation that Route 614 be closed to thru traffic
between Route 258 and Route 648 during the time of construction
replacing a bridge over Ducks Swamp, thereby, eliminating the
construction of an expensive detour.
The. motion passed unanimously (4-0) with Supervisor Turner
absent for the vote.
Supervisor Turner moved the Board adopt the following
resolution:
A Resolution Requesting the Commissioner of the
Virginia Department of Transportation to Accept and
Include Sandpiper Drive into the Virginia State
Secondary Road System
WHEREAS, the Resident Engineer of the Virginia Department
of Transportation has this day advised this Board that -the
street in Meyers Landing Subdivision, Hardy. Magisterial
District, Isle of Wight County, Virginia, has been built in
accordance with Secondary Road Policies, and the Isle of Wight
County Subdivision Ordinance relating to acceptance of streets
into the Staters Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of
the Virginia Department of Transportation is requested to
include into the Virginia Secondary Road System for maintenance
the following described street in Meyers Landing Subdivision.
1. Sandpiper Drive: Beginning: at a point on State Route
676, 0.11 miles northeast from its intersection with
State Route 10; thence running in a westerly direction
0.08 miles to a cul-de-sac.
Length: 0.08 miles
Right of way: 50 feet
Total length: 0.08 miles
Unrestricted right of way fifty (50) feet in width and.
additional right of way for the cul-de-sac, along with the
necessary drainage easements have been provided and are on
record in the Office of the Clerk of the Circuit Court at Isle
of Wight County in Plat Book No. 13, Page 134, Slide 354, June
3, 1987 and is guaranteed.
The Isle of Wight County Board of Supervisors guarantees
the workmanship and said road from any deficiencies for a period
of one (1) year from the date the Highway Board approves same.
The motion passed unanimously (4-0) with Supervisor
Bradshaw absent for the vote.
County Administrator Standish stated the Board had
previously authorized bidding a forty foot by sixty foot pre-
fabricated metal building for the Public Works Maintenance
facility which would undertake maintenance on the County's heavy
equipment and vehicles. County Administrator Standish further
stated when the bids were received, the Board requested that the
matter be tabled, and the bids then expired. County
Administrator suggested putting the project to bid again to
include a fenced-in area adjacent to the building to enclose a
large parking/storage area.
Supervisor Ross moved the Board approve authorization of
public bids for a modular building to serve as a Public Works
maintenance facility to include fencing to enclose a large
parking/storage area immediately adjacent. The motion passed
(3-1) with Supervisor Edwards voting in opposition to the motion
and Supervisor Bradshaw absent for the vote. _
//
Chairman Bradby called for New Business.
Chairman Bradby stated the Board has received comments from
citizens concerned about the school construction program and
urged the Board to look into areas where the citizens' concerns
can be addressed.
Supervisor Turner stated his concern was not only the
question of the location of the schools, but that there is no
direction as to what the total needs and cost will be to the
County. Supervisor Turner continued the County needed a plan
to work by and that he would recommend that a study be
,,,
~~~~.~ 14~F~.:: `73~
conducted to determine the needs and associated costs involved.
Supervisor Turner suggested bringing the matter up when.
Supervisor Bradshaw and County Attorney Crook were present..
//
Chairman Bradby called for Old Business.
There was no old business for discussion by the Board
//
Chairman Bradby called for Appointments.
Supervisor Turner moved the Board appoint Grace Keen to the
Isle of Wight Commission on Aging representing the Newport
District. The motion passed unanimously (5-0).
Chairman Bradby moved the Board appoint Natasha Diggs for
a one-year term and Miles Blount for a three-year term to the
Youth Services Advisory Board. The motion passed unanimously
(5-0).
//
Supervisor Turner asked County Attorney Crook if the Board
could initiate a study for the future development of the capital
improvements for the new schools.
County Attorney Crook replied it would not be a function of
the Board to do that, but that the School Board is presently
considering a site north of Windsor. County Attorney Crook
stated the idea being. to consider locating the school north of
Windsor and expanding the attendance zone north to enlarge the
enrollment and get a better racial balance. County Attorney'
Crook advised the School Board plans to meet .with the Board of
Supervisors as soon as those reports are in.
//
Chairman _Bradby called for approval of the September 19,
1991 minutes of the Board.
Supervisor Edwards moved the .Board approve the continued
meeting minutes of September 19, 1991 and the regular meeting
minutes of the September 19, 1991 meeting. The motion passed
unanimously (5-O).
/1
County Attorney Crook requested an executive session
pursuant to Section 2.1-344 A7 of the .Freedom of Information Act
for discussion with counsel-and staff concerning acquisition of
land for public purposes.
At 10:00 P.M., Supervisor Edwards moved the Board go into
executive session for the reason stated by County Attorney
Crook, The motion passed unanimously (5-0).
At 10:10 P.M., upon returning to Open Session, Supervisor
Edwards moved the Board adopt the fallowing resolution:
'so~K ~4 ~~~- ?~ ~
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
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, 2.1-344.1 of the Code of Virginia requires a
certification by this Board of Supervisors that such executive
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 executive meeting to which this certification resolution
applies, and (ii) only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
//
At 10:12 P.M., Supervisor Ross moved the Board adjourn,
The motion passed unanimously (5-O).
Henry H. B a by, Chairman
Myles E ~ Standish, Clerk