11-21-1996 Regular Meeting..' f
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REGULAR .MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF NOVEMBER IN THE
YEAR NINETEEN HUNDRED NINETY SIX
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PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice Chairman
O. A. Spady
Robert C. Claud, Sr.
Malcolm T. Cofer
Also Attending:. H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of Human
Resources
Carey H. Mills, Assistant Clerk
Chairman Bradshaw called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Claud.
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Members of the Windsor Volunteer Fire Department in attendance
were recognized by the Board Chairman.
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Supervisor Claud moved the. Board adopt the following resolution:
RESOLUTION RECOGNIZING. AND CONGRATULATING THE
WINDSOR VOLUNTEER FIRE DEPARTMENT
ON THE OCCASION OF ITS 50TH ANNIVERSARY
WHEREAS, the Windsor Volunteer Fire Department has been
operating for fifty years; and,
WHEREAS, the County of Isle of Wight relies on the Windsor
Volunteer Fire Department for protection in fire related incidents and other
emergencies threatening the health, safety, and welfare of County citizens;
and,
WHEREAS, the Windsor Volunteer Fire Department provides quality
services for those citizens. in need; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
is appreciative of the vast array of services provided to the citizens by the
Windsor Volunteer Fire Department.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight does recognize and
congratulate the Windsor Volunteer Fire Department on the occasion of its
fiftieth year of service to the citizens of Isle of Wight County.
The motion was adopted unanimously (5-0).
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Members of the Western Tidewater Community Services Board in
attendance were recognized by the Board Chairman.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION RECOGNIZING THE
WESTERN TIDEWATER COMMUNITY SERVICES BOARD
ON THE OCCASION OF ITS 25TH ANNIVERSARY
WHEREAS, the Western Tidewater Community Services Board,
mandated by Chapter 10 of the Code of Virginia, has been operating for
twenty five years; and,
WHEREAS, the County of Isle of Wight, is a participating jurisdiction
of the Western Tidewater Community Services Board; .and,
WHEREAS, the Western Tidewater Community Services Board
provides quality mental health, mental retardation, and substance abuse
services for those citizens in need; and,
WHEREAS, the Western .Tidewater Community Services Board
operates these services. efficiently and cost effectively; and,
WHEREAS, the clients are treated with respect and dignity while
participating in the comprehensive array of services; and,
WHEREAS, the Western Tidewater Community Services Board is
recognized across the Commonwealth of Virginia as being very professional
and innovative by developing services that reflect the needs of the
community.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight does recognize and
congratulate the Western Tidewater Community Services Board on the
occasion of twenty five years of service to the citizens of .Isle of Wight
County.
The motion was adopted unanimously (5-0).
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Chairman Bradshaw indicated the Consent Agenda included Item 1,
A through I, and asked if there were any items for removal.
Supervisor Spady noted the October 31, 1996 continued meeting
minutes should be corrected with a change on page 4, the last paragraph,
to state that he abstained from voting on the preliminary plat approval for
Gatling Pointe.
Chairman Bradshaw noted the October 17, 1996 regular meeting
minutes should reflect a correction on page 26, paragraph 3, changing the
name of "Fargo" to "Vargo".
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Supervisor Cofer moved .the Board approve the Consent Agenda with
the stated corrections on the minutes. The motion was adopted
unanimously (5-0).
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R. Bryan David, Director of Planning and Zoning, distributed requests
for assistance made to the VDOT Resident Engineer since January of 1996.
Mr. David stated the report. will be updated regularly to reflect new.
requests as appropriate..
Supervisor Bradby requested. Mr. David add a drainage problem on
Route 10, Owens Estate, to the list.
Supervisor Spady requested Mr. David add the drainage basin on
Commodore Pointe, Gatling Pointe, to the list.
Chairman Bradshaw requested Mr. David add Stevens Drive to -the
list.
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Making his quarterly appearance before the Board,. MacFarland
Neblett, Resident Engineer, Virginia Department of Transportation, stated
three areas need addressing on Pruden Road, (1) a reverse curve, (2) a sharp
curve at the Taylor property. and, (3) a curve beside .the pond at the Camp
property. As developments occur, the Board will be so advised, stated Mr.
Neblett.
Chairman Bradshaw called for Transportation Matters.
Mr. Neblett informed the Board that VDOT has been concentrating on
a number of drainage matters over the past. several months and will begin
work on the Rescue Bridge next Spring.
Regarding Raynor Road, Route 681, County Attorney Crook stated
he renewed his request to the new owners of the Joyner property, however,
he has not received a response to date. County Attorney Crook stated he
is still searching for the missing heir of the Hall estate.
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Chairman Bradshaw called for Citizens Comments.
Sally Crocker presented a petition to the Board containing 200+ names
in opposition to the proposed changes in the Zoning Ordinance.. Ms.
Crocker requested the Board defer action on the proposed Ordinance until
the potential adverse effects on private property rights are further
evaluated. Ms. Crocker stated she believes that County landowners are not
fully aware of the potential effects of the proposed .changes.
Howard Delk, of-the Isle of Wight County Historical Society, spoke
in support of the revitalization of Boykins Tavern. Mr. Delk stated, if
renovated, the County would have a memorial to time gone by, much
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needed office space at a price much less than building a new building and
a meeting place for groups to gather.
Supervisor Bradby spoke in favor of renovating Boykins Tavern.
Supervisor Bradby noted the building will require immediate stabilization.
Supervisor Cofer reminded the Board that the last proposal reviewed
for renovating the building did not include compliance with the Americans
With Disabilities Act, which could be costly.
Supervisor Spady moved the Board direct staff to evaluate the
feasibility of securing the structure in the short term. .Further, that the
matter be sent to the Planning Commission for its review and
recommendation as to the long-term resolution of the structure. The matter
will be brought back to the Board for .its consideration.. The motion was
adopted unanimously (5-0).
Speaking in opposition to the proposed changes in the Zoning
Ordinance, James Cobb of West Blackwater Road suggested the Board
approve a 15 acre exemption and require deed restrictions.
Speaking in opposition to the proposed .changes in the Zoning
Ordinance, Jean Barcroft, Associate Broker with Stephenson Reality,
concurred with the comments of Mr. Cobb and Ms. Crocker and urged the
Board to defer action on the Zoning Ordinance.
Speaking in opposition to the proposed new Zoning Ordinance,
Phillip Edwards stated it is not fair to have land so restricted that a
property owner can not do anything with it. Mr. Edwards urged the Board
to hold additional public meetings so that the public can be better informed
of the effects of the proposed ordinance.
Speaking in opposition to the proposed changes in the Zoning
Ordinance, Jean Lowery urged the Board to defer action on the matter until
citizens have had an opportunity to fully understand the intent of the
changes.
Chairman Bradshaw requested the Director of Planning and Zoning
provide Ms. Lowery with appropriate information on the proposed changes.
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Supervisor Cofer moved the Board amend the order of the agenda to
hear Item 7D under Old Business. The motion was adopted unanimously
(5-0).
The application of A. W. Livesay & F. C. Stewart, owners and
Springdale Housing, prospective owners, for a change in zoning
classification from A-1, Agricultural Limited to C-R2, Conditional
Residential General, approximately five (5) acres of land located off
the north side of Carrsville Highway (Route 58) in Windsor
Magisterial District. The purpose of the application is fora multi-
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family dwelling complex as conditioned. (Tabled October 17, 1996)
Chairman Bradshaw stated the previous concerns of the adjoining
property owner have been addressed and he would, therefore, move that
the Board approve the application, as conditioned. The motion was
adopted unanimously (5-0).
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Chairman Bradshaw called for the Community Development report.
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDING
FOR THE RECONSTRUCTION OF THE COMMERCIAL PIER AT THE
TYLER'S BEACH BOAT HARBOR IN THE .AMOUNT OF TEN
THOUSAND, FIVE HUNDRED DOLLARS OR SO MUCH AS SHALL
BE RECEIVED FROM THE MARINE FISHERIES IMPROVEMENT FUND
OF THE VIRGINIA MARINE RESOURCES COMMISSION
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, hereby supports and authorizes the receipt and appropriation of
a .grant from the Commonwealth of Virginia, .Marine Fisheries Improvement
Fund for the. reconstruction of the commercial pier at Tyler's Beach Boat
Harbor; and
WHEREAS, the funds in the amount of ten thousand, five hundred
dollars ($10,500) of so much as shall be received from the Commonwealth
of .Virginia, Virginia Marine Resources Commission, .Marine Fisheries
Improvement Fund need to be appropriated to the capital. projects. budget
in the 1996-1997 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that ten thousand, five hundred
dollars ($10,500) or so much as shall be appropriated in the 199b-1997
Capital Budget of the County of Isle of Wight, Virginia, for .the
reconstruction of the commercial pier at Tyler's Beach Boat Harbor.
BE IT FURTHER RESOLVED that the. County Administrator of the
County of Isle of Wight, Virginia, is authorized to make the appropriate
accounting adjustments on the Capital Budget for this grant and to do all
things necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
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Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT
APPLICATION FOR THE PURCHASE OF A PORTABLE SANITATION
UNIT FOR THE TYLER'S .BEACH BOAT HARBOR AND TO ACCEPT
AND APPROPRIATE FIVE HUNDRED NINETY DOLLARS OR SO
MUCH AS SHALL BE .RECEIVED FROM THE VIRGINIA COASTAL
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RESOURCES MANAGEMENT PROGRAM OF THE VIRGINIA
DEPARTMENT OF ENVIIZONMENTAL QUALITY
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, hereby supports. and. authorizes the submission and receipt of a
grant from the Commonwealth of Virginia, Coastal Resources Management
.Grant Program of the Department of Environmental Quality for the
purchase of a portable sanitation unit for the commercial pier at Tyler's
Beach Boat Harbor; and
WHEREAS, the funds in the amount of five hundred ninety dollars
($590) or so much as shall be received from the Commonwealth of Virginia,.
Virginia Coastal Resources Management Grant Program of the Department
of Environmental Quality need to be appropriated to the capital projects
budget in the 1996-1997 budget of the County of Isle of Wight, .Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that five hundred ninety dollars
($590) or so much as shall be appropriated in the 1996-1997 Capital Budget
of the County of Isle of Wight, Virginia, for the purchase of a portable
sanitation unit. for the commercial pier at Tyler's Beach Boat Harbor.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia, is authorized to make the appropriate
accounting adjustments on the Capital Budget for this grant and to do all
things necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
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At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
the agenda to conduct the following public hearings:
A. An Ordinance to Amend Chapter 10 of the Isle of Wight County
Code to Raise the Threshold of Gross Receipts for Business
.License Taxes
County Attorney Crook stated due to a revision in the State statute for
a threshold of $50,000, the County must amend its ordinance to comply
with same.
Chairman Bradshaw called for persons. to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Cofer .moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND CHAPTER 10 OF THE
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ISLE OF WIGHT COUNTY CODE TO RAISE THE THRESHOLD
OF GROSS RECEIPTS FOR BUSINESS LICENSE TAXES
AND TO INCREASE THE MINIMUM LICENSE TAX
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BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County,. Virginia, that the Ordinance to Impose and Levy
License Taxes on Businesses, Trades, Professions, Occupations and Callings,
adopted Apri121,1988, amended December 6, 1990 and November 16, 1995
embodied in Chapter 10 of the Isle of Wight County Code be amended as
follows:
That Article I, Section 10-6 be amended to read as follows:
Gross Receipts Threshold.
No license tax hereunder shall be due and payable until gross receipts
as hereinabove defined reach or are expected to reach a minimum of
$50,000 annually.
The motion was adopted unanimously (5-0).
B. An Ordinance to Repeal Chapter 16.1 Water, of the Isle of Wight
County Code and to Adopt the Following Ordinance as Chapter
16.1 Water, of said Code Providing Rates and Regulations
Therefor
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Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Claud recommended Step 2 rates on Page 8 be changed to
reflect an effective date of January 1, 1998. Supervisor Claud further
recommended Page 3, under "Billing", paragraph "A", be changed to reflect
ten days. Regarding Page 13, Supervisor Claud asked the County Attorney
if deposits should be returned "upon request".
.County Attorney Crook stated it is appropriate to have deposits.
returned upon request because if an individual makes a request it is
brought to the attention of County personnel that the customer is entitled
to his refund. County Attorney Crook stated if an individual does not
make a request and another year passes then the individual may want their
money with interest.
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Supervisor Spady stated he believes the tap on fee is high which adds
a considerable. amount to the cost of the lot or home. Supervisor Spady
stated that while the Board wishes to slow down development, it does not
wish to eliminate it .entirely and he would. suggest revisiting the cost on a
periodic. basis. Supervisor Spady. stated regarding the second step of the
water ordinance, some of the systems are unmetered or have low pressure
and if the service has not been improved by that time,. he would also
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suggest revisiting these rates, as well.
County Attorney Crook stated the .Board's goal is to have uniform
rates and instead of doing this all at once, causing a significant increase for
some individuals, the County is doing it over a .period of time.
E. Wayne Rountree, P.E., Director of Public Utilities, stated notices will
be sent to all. customers advising them of the proposed rates.
Chairman Bradshaw s#ated County staff should have advised its
customers before the Board adopts the rate increase so that their concerns.
could be addressed at the public hearing.
Supervisor Cofer moved the Board adopt the following Ordinance
with amendments to reflect. on page 8 the effective date of January 1, 1997
for Step I, and the Step 2 rates to be effective January 1, 1998, for bills
rendered after these respective dates and on Page 9 to reflect that shut-off
of service will occur ten days from the second notice:
Chapter .16.1
WATER
ARTICLE I. IN GENERAL ......................... Page 4 of 20
Sec.16.1.1. Definitions . ............................. Page 4 of 20
Sec. 16.1.2. Additional rules and regulations. ........... Page 5 of 20
Sec. 16.1.2.1. Authority of Department of Public Utilities to enter contracts
for_water service; agreement .................... Page 6 of 20
ARTICLE II. METERS ....... ................... Page 6 of 20
DIVISION 1. GENERALLY ........................ Page 6 of ZO
Sec. 16.1.3. Number of meters permitted per premises. .... Page 6 of 20
Sec. 16.1.4. Calculation of charges for premises. served by more than one
meter ................ .................... Page 6 of ZO
Sec. 16.1.5. Separate taps required. .... ............. Page 6 of ZO
Sec. 16.1.6. County to furnish, etc., meters . ............. Page 6 of 20
Sec. 16.1.7. Installation of meters; faulty meters; testing. ... Page 6 of 20
DIVISION 2. RATES ........ .................... .Page 7 of 20
Sec. 16.1.8. Imposed; when effective ................... Page 7 of 20
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Sec. 16.1.9. Amounts-Generally ................... ... Page 7 of 20
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Sec. 16.1.10. Same-Unmetered customers . .............. Page 9 of 20
ARTICLE III. BILLINGS ........................ Page 9 of 20
Sec. 16.1.11. Generally . .................... ...... Page 9 of 20
Sec. 16.1.12. Service disconnection ....................Page 10 of 20
ARTICLE IV. CONNECTIONS ........... . ...........Page 10 of 20
Sec. 16.1.13. When required. .. ...... .............Page 10 of .20
Sec. 16.1.14. Who may make ............... ...:....Page 10 of 20
Sec. 16.1.15. Charges generally . ................... ..Page 11 of 20
Sec. 16.1.16. Application for connection; County to determine size and
location.
...............................................Page 12 of 20
Sec. 16.1.17. Conditions of service. .......... .... .Page 12 of 20
Sec. 16.1.18. Liability of County. ................Page 13 of 20
Sec. 16.1.19. Private connections to County system prohibited
...............................................Page 13 of 20
Sec. 16.1.20.. Contract required . ......................Page 13 of 20
Seca 16.1.21. Service for contractors for construction purposes
........................ ................... .Page 13 of 20
Sec. 16.1.22. Penalties . ........ ....................Page 13 of 20
ARTICLE V. FIRE PROTECTION ..................Page 14 of 20
Sec. 16.1.23. Connections for fire protection other than public hydrants.
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.......... .................. ..............Page 14 of 20
Sec. 16.1.23..1. Installation of fire. hydrants . .............Page 15 of 20
Sec. 16.1.24. Prohibi#ed use of hydrants . ...............Page 15 of 20
Sec. 16.1.25. Reserved ..................... .......Page 15 of 20
ARTICLE VI. CROSS CONNECTION CONTROL PROGRAM
.......... ..... ..........................Page 15 of 20
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Sec. 16.1.26.. Restriction on interconnections with the County's utility
systems; cross connection control program.......... Page 15 of ZQ
ARTICLE VII. WATER LINE EXTENSIONS AND SYSTEM
IMPROVEMENTS WITHIN .CURRENTLY DEFINED DEVELOPMENT
SERVICE DISTRICTS AND OTHER DESIGNATED AREAS.
.............. ..............................Page 17 of 20
Sec. 16.1.27. Extensions-Residential areas.. .............. Page 17 of 20
Sec. 16.1.28. Same--.Commercial or industrial property. ....Page 17 of 20
Sec. 16.1.29. Same--Determinations by Department of Public Utilities.
................ .............................Page 17 of ZO
Sec. 16.1.30. Reserved .............................Page 17 of 20
Sec. 16.1.31. Same-Duty of property owners ............. Page 17 of 20
Sec. 16.1.32. Reserved ........................ ....Page 17 of 20
Sec. 16.1.33. Standards for construction; costs of improvements to be borne
by developer.
..... ...................................Page 17 of 20
Sec. 16.1.34. Reserved................. . .............Page 17 of ZO
Sec. 16.1.35. Certain developments required to extend water service Page 18
of 20
ARTICLE VIIL EMERGENCY PROCEDURES DURING WATER
SHORTAGES*
................. .... ......... .........Page 18 of 20
Sec. 16.1.36. Purpose ................................Page 18 of 20
Sec. 16.1.37. Procedures . ................. .... ..Page 18 of 20
.Sec. 16.1.38. Written report required..... ...............Page 20 of 20
Sec. 16.1.39. Penalties for noncompliance.., .. , ...........Page 20 of 20
Sec. 16.1.40. Notice of cessation of emergency. ..........Page 20 of 20
ARTICLE I. TN GENERAL
Sec.16.1.1. Definitions.
Unless the context specifically indicates otherwise, the meanings
of terms used in this chapter shall be as follows:
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~3uilding or dwellirl,~:rnit:
' (1) Any single-family residential structure; or
(2) Any combination. of structures owned by one
person, or jointly by a number of persons as co-
tenants, joint. tenants or tenants-by-the-entireties and
occupied as a residence; or
(3) Each separately owned, leased or occupied part of
structures physically connected in a series, whether
the series be vertical or horizontal, such as row
houses, town houses, duplex. houses, twin houses,
condominiums, row or stores or physically
connected commercial or industrial structures, etc.,
or
(4) Each apartment in, or each separately leased or
occupied part of or to be separately leased or
occupied part of any multiple occupancy structure;
or
(5) .Any single and separate structure owned by one
person or jointly by a number of persons as co-
tenants, joint tenants or tenants-by-the-entireties and
used by the owner or single lessee or occupant
thereof, only for agricultural, commercial,
governmental, or industrial purposes. The County
reserves the right to .determine itself the
classification and use of any structure.
Consumer or customer. The person legally or equitably
responsible for the payment
of•charges for water services
rendered by the County.
Development: The .improvement of zoned
residential, commercial,. industrial
or public property in accordance
with County land use,
comprehensive and facilities
' planning.
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Euuiyalent dwelling unit
(EDU): The conversion, with respect to water
consumption of multi-residential
commercial, industrial and institutional
connectors into their residential
equivalents on the basis of water use
established for a living unit consisting of
three and five-tenths (3.5) persons.
Improved property: Any property within the County
upon- which there is erected a
structure intended for continuous
or periodic habitation, occupancy
or use by human beings or animals
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New premise, building
or dwelling unit
4~ficiat connection notice:
and from which. structure sanitary
sewage or industrial wastes shall
be or may be discharged.
Any premise, building or dwelling
unit constructed on property
abutting a County water main;
provided, .however, that such
construction occurs .after the
installation of such water main.
A notice in letter form sent by
certified mail, return receipt
requested, from the County to the
owner of premises, buildings or
dwelling units abutting a County
water main giving notice to the
owner that the water main is
available for connection thereto.
Owner: Any person vested with ownership, legal
or equitable, sole or partial, of any
property located in the County.
I'lumbin Code: The most current edition of the Building
Officials and Code Administrators
International Inc., Plumbing Code as it
constitutes a part of the Virginia
Uniform Statewide Building Code.
e ise: A building under one .roof owned by
one or more parties and occupied as one
residence or business, or a combination
of buildings owned by one or more
parties in one common enclosure and
occupied by one family or business, or
each division of a double or tenant
house having a vertical partition or wall,
or a building of more than one
apartment and having one or :more
entrances, or a building having a
number of apartments or offices or both
and having one or more entrances.
Sec. 16.1.2. Additional rules and regulations.
The County reserves the right to adopt, from time to time, such
additional rules and regulations as it shall deem necessary and
proper in connection with use and operation of the water
system, which rules and regulations shall become effective as
though set forth herein..
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Sec. 16.1.21. Authority of Department of Public Utilities to enter contracts
for water service; agreement.
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(a) The Director of Public Utilities or his designated
representatives. shall have authority to execute on behalf
of the County any contracts for water service as herein
provided;
(b) The Director of Public Utilities is hereby authorized to
enter into agreements on behalf of the County where
unusual or complex. situations exist that are not covered
in this chapter.
ARTICLE IL METERS
DIVISION 1. GENERALLY
Sec. 16.1.3.. Number of meters permitted per. premises.
Only one meter shall be allowed for each premises and only one such
premises can .supplied through one meter, unless, in the judgment of
the County, multiple meters will. afford better service.
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Sec. 16.1.4. Calculation of charges for premises served by more than one
meter..
If any water consumer is supplied by more than one meter, e a c h
meter shall be considered as a separate service for meter rates for
water.
Sec. 16.1.5. Separate taps required.
Where more than one premises having different owners are supplied
with water by means of a single tap, this condition shall be remedied
promptly and .each premises connected with a separate tap and
service pipe by the owner.
Sec. 16.1.6. County to furnish, etc., meters.
The County will furnish, install and maintain at its expense all meters
except those installed for fire protection.
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Sec. 16.1.7. Installation of meters; faulty meters; testing.
All meters shall be approved, tested and sealed by the County before
being available for service. After being installed no meter shall be
removed or tampered with by any consumer or other person, and .all
meters shall be under the exclusive regulation of the County. In the
event of a meter failing to register properly or being removed for
testing or repairs, water bills will be rendered. for an estimated
amount based on the average consumption or the previous three (3)
periods when the meter was registering properly. In the event of a
complaint by a consumer as to the accuracy of a meter, it shall be
removed and tested by the County. If It is found to be correct, the
consumer shall pay the cost of removing, testing and replacing the
same. If found incorrect, such cost shall be borne by the County. Such
complaint shall not justify or be used as an excuse for delay in the
payment of bills. rendered for water supplied the same consumer
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through any other meter. In determining the accuracy of a meter two
(2) percent slow or fast shall be the maximum allowance for over or
under registration.
DIVISION 2. RATES
Sec. 16.1.8. Imposed; when effective.
Meter .rates for water passing through meters are hereby imposed
upon and shall be collected on a regularly scheduled basis from the
owner or tenant of each improved property connected to the water
system. Such charges shall be effective as of the date of meter
installation of each improved property.
Sec. 16.1.9. Amounts-Generally..
Meter rates shall be determined on the following basis:
(a) .Except as otherwise provided in this chapter, meter rates
shall be based on the volume of water used as measured
by meters installed and maintained by the County;
(b) Meter rates for water passing through meters are hereby
imposed upon and shall be collected on a regularly
scheduled basis from the owner or tenant of each
improved property connected to .the County water
systems. Such charges shall be as follows: Meter rates
shall be in accordance with Table 16.1.9 (see following
page).The County reserves the right from time to time to
amend :the rates in order to insure that the utility system
remains self-sustaining;
Table 16.1.9
Bi-Monthly Water Usage Charges
Meters up to and. including 3/4 inch
Service Area Step 1 Rate Step 2 Rate
Gatling Pointe, Waterford
Oaks, Hidden Acres,
Smithfield Plaza, Thomas Park,
Berms Church Development
Metered $32.00.± $1.15/TG> 6TG $40.00.
$2.00/TG>
6TG
Unmetered $32.00 $58.00
Sandy Point Manor, Bethel Heights,
Smithfield Heights, C.L. Obrey,
Berms Church, Tormentor Creek,
Days Point, Rushmere,
Burwell's Bay
Metered $40.00 + $1.15/TG>6TG $40.00 +
$2.00/TG>
6TG
Unmetered $32.00 $58.00
Carisbrooke
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Metered $40.00 + $1.15/TG>6TG
Unmetered $32.00
Carrsville, Zuni
Metered $40.00 + $1.15/TG> 6TG
Unmetered $32.00
Battery Park
Metered
$40.00.+ $1.15/TG> 6TG
Unmetered
Courthouse
Metered
$32.00
$40.00 + $1.15/TG> :6TG
Unmetered $32.00
Unmetered (Courthouse) $408.66
Meters 1 inch and Larger
$40.00 +
$2.00/TG>
6TG
$58.00.
$40.00. +
$2.00/TG>
6TG
$44.00
$40.00. +
$2.00/TG>
6TG
$44.00
$40.00 +
$2.00 / TG> 6TG
$44.00
$408.66
1 inch meter $45.00 + $1.15/TG>6TG $ 5 6 . 0 0 +
$2.00/TG>6TG
1-1/2 inch meter $50.00 + $1.15/TG>6TG $63.00 +
$2.00/TG>
6TG
2 inch meter $69.00 + $1.15/TG>6TG $ 8 6 . 0 0 +
$2.00/TG>6TG
Larger than 2 inch to be determined by the County to be determined
by the County
Notes: 1) TG :Thousand gallons, or portion thereof
2) > : In excess of
3) Unmetered customers, when they become metered, will pay metered
charges in effect of the time for their location or meter. size
4) Step 1 rates will become effective for all bills rendered after January
1, 1997.
Step 2 rates will become effective for all bills rendered after January
1, 1998.
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(c) All water for which a charge is made under this section passing
through a meter shall be charged for whether used, consumed
or wasted; provided, however, that where underground or
inside leaks or both occur in water pipes, and the owner or
occupant of such premises or the consumer thereof, after
receiving written notice of excess consumption, shall have all
necessary repairs made promptly, shall furnish the County with
either a plumber's letter or a personal letter certifying that the
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repairs have been made and the date completed, and shall have
repairs inspected and approved by utility personnel. The
County may make such rebate to such owner, occupant or
consumer of the total charge in excess of the average bill for the
premises as may be deemed reasonable. A maximum of fifty
(50) percent credit on excess charges based on the previous six
(6) month's average may be allowed for water. Only one
adjustment credit may be allowed for the same cause of waste
within twelve (12) consecutive months.
Sec. 16.1.10. Same-Unmetered customers.
Charges for water service for unmetered customers shall be collected on a
regularly scheduled basis from the owner or tenant of each. improved
property connected to the County water system. Such charges shall be
effecfive as of the date of initiation of service by the County and shall be in
accordance with Table 16.1.9.
ARTICLE III. BILLINGS
Sec. 16.1.11. Generally.
(a) All accounts shall be billed on a cycle of approximately sixty
(60) .days. Bills for water supplied, including charges for
sewage disposal service and utility taxes based thereon, if any,
are due and payable upon presentation. If not paid within
.fifteen. (15) days from billing date, a second billing notice shall
be mailed with a note added that water service will be shut off
if payment is not received in ten (10) days;
(b) Payment of such bills shall be made at any office or collection
agencies or agencies established by the County for that purpose
on the days and during the hours thereof .such office or
collection agencies are open for business. Payment of such bills
at collection agencies and regulations and accounting
procedures pertaining thereto shall be as prescribed by the
County.
Sec. 16.1.12. Service disconnection
(a) When water service to any premises has been disconnected by
the County, for any reason, water service shall be reconnected
only by an authorized representative of the County. If water
service is disconnected for nonpayment of a .County utility
billing as provided in section 16.1.11, then a twenty dollar
($20.00) penalty shall apply in addition to the payment of the
outstanding water bill by the customer to the County, and the
water service customer shall pay a deposit, as specified in
section 16.1.17. If water service to any location is reconnected
without express authorization by the County, in addition to any
legal remedy which the County may pursue for such illegal
reconnection, then an additional twenty dollar ($20.00) fee for
a line inspection shall apply. The payment of said line
inspection fee shall be in addition to any fine or settlement
secured as a result of any such legal action;
(b) Such fees and penalties shall not apply to any disconnections
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made for line maintenance or at the request of the customer.
ARTICLE IV. CONNECTIONS
1
Sec. 16.1.13. When required.
All new premises, building or dwelling. units where water service is
available shall connect to such main. All other existing premises,
buildings or dwelling .units where water service is available. shall
connect. to such main within one (1) year of receipt of official
connection notice, unless specifically otherwise provided for in this
ordinance. Where service becomes available by virtue of extending
the County system to serve other subdivisions or neighborhoods,
connection to such main shall not be mandatory. Water is deemed to
be available to the property to be connected if service can. be provided
without. unreasonable cost or unusual construction techniques. As an
example, water is not. available to a property when it is within the
right-of-way but in order for said property to be served, the extension
will involve unusual construction techniques such as boring and
casing, unusual traffic problems,. etc. Availability of water may be
.declared by the Director of Public Utilities based on costs to provide
.service, construction techniques or other unusual conditions
Sec. 16.1.14. Who may make.
1
(a) No person, except those properly authorized by the County
shall tap or make any connection with the main or distributing
pipes;
(b) No person, except a licensed plumber or an employee of the
County approved by .the County for such purpose, shall be
permitted to do any work in connection. with the water service
to any premises supplied by the County.
Sec. 16.1.15. Charges generally.
(a) Prior to the connection of any premises, building or dwelling
unit to a County water main, the applicant shall pay an
installation/connection fee. Except as provided herein, the
following installation/connection fees shall apply:
Meter Size County Installed Fee
5/8 & 3/4 inch $ 3,000.00
1 inch 4,725.00
1-1 / 2 inch 7,425.00
2 inch 11,400.00
When the size of the connection exceeds the sizes set forth
above, the ..applicant shall be required to pay an
installation/connection fee as determined by the County;
(b) For new developments in which the required water system and
related appurtenances have been installed by the
owner/developer and in which. the ownership of the water
system and .related appurtenances has been conveyed to the
County, up to and including two (2) inch, the owner/developer
shall provide to the County the required number of water
meters at the appropriate sizes and types specified by the
County for future installation by County forces. Such .meters
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shall be delivered to a location designated by the County. For
all such connections above two (2) inches, the meter shall be
installed by the developer, pursuant to County specifications.
Upon completion of the installation, the developer shall notify
the County for inspection and activation of the meter;
(e) When application .for service, including payment of fees, for
single family residential services is made within ninety (90)
days after receipt of official connection notice, the connection
fees due will be reduced to one-third (1/3) of the amounts in
(a)~
(d) When the application for residential connection is made within
ninety (90) days of receipt of the official notice, the applicant
may pay the connection charge at a rate of twenty percent (20%)
(minimum) down, paid at the time of making .application and
the remainder to be due and :payable in equal bi-monthly
payments over a two year period, together with interest thereon
at the rate of eight. (8) percent per annum. Application for
installment payments shall only apply to residential connections
and must be -made during the initial ninety-day period.
Installment payments due shall constitute a lien against the
property. Surety shall be in a form acceptable to the County
Attorney. A contract for payment of the connection. fee on an
installment basis must be signed by both the property owner
and the County. Failure of the property owner to pay the
installment when due shall cause the. imposition of a penalty of
one and one-half (1 %i) percent per month and the County may,
at its option, upon such failure declare the entire .outstanding
balance to be due and payable along with any .expenses
incurred by the County in the collection thereof. Failure on the
part of the property owner to pay the installment when due
shall also prejudice the property owner's right to finance any
additional connection fees on an installment basis. Upon
execution of the installment contract between .the County and
the property owner, the County shall cause the property owner
to be billed on a periodic basis and provide for the .collection
thereof. Payment by the property owner must be no less than
the amount billed but may be for the full amount outstanding..
Partial payment for the minimum amount billed will not be
accepted nor will partial payment for any outstanding balance
be accepted. "
Sec. 16.1.16.. Application for connection; County. to determine size and location.
Any- person desiring to secure water service shall file a
signed application therefore at the County on the
prescribed form, stating the location and character of the
premises for which service is desired. The County shall
determine the proper size and location of .each new
connection and shall own and maintain all facilities
installed in making the connection.
Sec. 16.1.17. Conditions of service.
All consumers of .water shall be supplied upon the terms of and
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shall comply with the following before water is supplied to the
premises:
(a) The person desiring water service shall sign a contract prepared
for that purpose prior to receiving water service. A separate
contract shall be required for each premises;
(b) When a water customer executes a contract for initial water
service,' or moves water. service account from one location to
another, a fee of twenty. dollars ($20.00) shall be charged for
establishing the new account and turning on the water at the
new location, except as exempted herein;
(c) ~ .All water service customers shall pay a deposit prior. to the
initiation of water service, except those as exempted herein. The.
person desiring water service shall deposit with the County an
amount equal to the average :bill for that category of water
customer for which water service is being requested, including
.charges for sewer service and utility taxes based thereon, if any,
for four (4) months. The amount of said deposit shall be
determined administratively, and adjusted from time. to time, as
necessary;
(d) The contract and deposit may be transferred by the County
from the location for which it was initially requested to any
other location to which the applicant may move, if within.. the
utility service area of the .County;
(e) A customer may be exempted from the payment of deposit or
new account fee if:
(1) The customer was on a private water system acquired by
the County, and the acquisition included a deposit
previously paid by the customer, which is transferred to
the County with the acquisition of the water system;
(2) The customer was on a private water system acquired by
the County, and the former owner of said system certifies
to the satisfaction of the County as to the customer's
satisfactory payment record; or
(3) A customer has established a satisfactory credit rating
with the :County via an .existing or previous water
.account.
(f) Any deposits paid by a water service customer and held by the
County shall be returned, upon request, without interest, after
said deposit has. been held by the County for six (6) consecutive
billing cycles provided. said account has not been delinquent
during this period. Should the account become delinquent. at
any time during said six (6) consecutive billing cycles the
deposit shall be retained by the County until six (6) consecutive
billing cycles have occurred without any delinquency in
payment. Upon the- satisfactory completion of the six (6)
consecutive billing cycles said deposits may be credited to the
next bill, or returned in cash, provided all outstanding charges
and fees, if any, have been paid.
Sec. 16.1.18. Liability of County.
The County shall not be liable .for any damage resulting from the
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.bursting of any main, service pipe or cock, from the shutting off of
water for repairs, extensions or connection or from the accidental
failure of the water supply from any cause whatsoever. In cases of
emergenry the County shall have the right to restrict the uses of water
in any reasonable manner for the protection of the County and its
water supply.
Sec. 16.1.19. Private connections to County system prohibited.
No person shall interconnect a privately owned water system to the
County's water system.
Sec. 16.1.20. Contract required.
Whenever a service connection with a County water main is
requested, the owner of the property to be connected with such water
main, before such service connection is made, shall be required to sign
a contract prepared for the purpose and kept in the office of the
County. A separate contract shall be required for. each premises. The
charge for the service connection shall be paid in advance.
Sec. 16.1.21. Service for contractors for construction purposes.
Contractors applying for water for building or construction purposes
shall pay for same at the regular meter rates, and shall be held
responsible for all water so used, as recorded by the meter, or
.otherwise ascertained, until such time as the contractor shall notify the
County in writing, to cut off the supply.
Sec. 16.1.22. Penalties.
Any consumer who shall permit others, not members of his family, to
use water from his pipe to avoid the payment of charges for water
service and anyone who shall thus obtain water shall be guilty of a
Class 3 misdemeanor.
ARTICLE V. FIRE PROTECTION
Sec. 16.1.23. Connections for fire protection other than public hydrants.
When permitted by the County, connections for fire protection other
than public fire hydrants shall be as follows:
(a) There shall be no connection with any other service from
County mains or with any other water supply;
(b) The owner of the property to be. protected shall sign a
contract for fire protection service with the County;
(c) For a supply of water for sprinkler system, where there is
no opening through which water may be taken except
through sprinkler heads, a horizontal. swing check valve
with bronze working parts, bypasses and meter and also
a shutoff gate valve shall be installed between the curb
and the building, all to be accessible for examination and
repair. The check valve, bypass meter, connection with the
County main and service pipe from the main to the check
valve will be installed by the County, at a location
determined by the County, and paid for in advance by the
owner of the property to be protected;
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(d) There will be no charge for water used to extinguish a fire
or for sprinkler heads, ..nor ready to serve charge for
bypass meter;
(e) The use of water. from such connection for any purpose,
except through the sprinkler system to extinguish a fire,
the attachment of the service pipe of any connection of
fixture, except the usual sprinkler control valves the heads
will operate to render void the contract for the connection,
and the water will be shut off at the main by the County;
(f) For a supply of water for private fire hydrants or hose
connections or both, with or without a sprinkler system,
such connection shall be supplied through a fire protection
meter to register all water used, the size of connection and
type of meter. to be determined by the County;
(g) For fire protection meter, gate and check valves,
connection with the County main to the meter will be
installed by the County and paid for in advance by the
owner of property to be protected. There shall be no
ready-to- serve charge or minimum applied to meters
used exclusively for fire protection services, nor any
charge for water used through such meters to extinguish
a fire. Water registered by such .meters, not used to
extinguish a fire, will be paid for by schedule rates;.
Sec. 16.1.23.1. Installation of fire hydrants.
The County shall have authority to designate and approve the
location or relocation of fire hydrants; and the placement or
replacement of water mains located upon public property and deemed
necessary to provide an adequate fire flow and distribution. pattern.
In no area should hydrant spacing exceed eight hundred (800) feet
between hydrants. In close-built areas, five hundred (500) feet
between hydrants is required. ~Iydrants should be located as close to
an intersection as possible, with intermediate hydrants along the street
to meet the area requirements. For average conditions, hydrants
should be placed approximately fifty (50) #eet from the buildings
protected. A fire hydrant shall .not be placed into or removed from
service until approved by the County.
Sec. 16.1.24. Prohibited use of hydrants.
Fire hydrants. are provided for the sole purpose of extinguishing fire,
and all persons except authorized personnel of the department of fire
protection, County, Department of Public Utilities or such persons as
may. be specially authorized by the County Administrator are hereby
prohibited from opening or using the same. Any person. authorized
to open fire hydrants shall use only an approved spanner wrench, and
shall replace the caps on the outlets when the same are not in use.
Sec. 16.1.25. Reserved.
ARTICLE VI. CROSS CONNECTION CONTROL PROGRAM
Sec. 16.1.26. Restriction on interconnections with the County's utility systems;
21
BOQK 17:~''' 6O
cross connection control program.
(a) The water supply from the County's water system shall be
.distributed. through pipes entirely independent of and
disconnected from any other water supply; connections
between piping furnishing the County's water and any
unauthorized piping connected with any other source of
supply are prohibited;
(b) Duly authorized representatives of the. County shall have
free access at all reasonable hours to all parts of any
premises to which County water supply may be extended
in order to make the necessary inspections of pipes and
fixtures;
(c) There is hereby adopted and incorporated by reference the
"County of Isle of Wight County Manual of Cross
Connection Policies", and any amendments presently or
subsequently adopted, copies of which are on file and
available for inspection in the county offices. Such policies
shall apply to and control all cross-connections between
public and independent potable water systems;
(d) Duly authorized representatives of the County .may cause
inspections to be made of properties served by the water.
system where cross-connections with the water system is
deemed possible. The frequency of inspections and
reinspection, based on potential health hazards involved,
shall be established by policies of the County;
(e) Duly authorized representatives of the County shall have
the right to enter, at any reasonable time, properties
served by a connection to the water system for the
purpose of inspecting the piping system or systems for
cross connections. Upon request, the owner or occupants
of property served shall furnish to the County pertinent
information regarding the piping system or systems on
such property. The refusal of such information,. or refusal
of access, when requested, shall be deemed .evidence of
the presence of cross-connection;
(f) The County may deny or discontinue the water service to
a consumer if the required backflow prevention device is
not installed. If it is found that the device(s) has been
removed or bypassed, or if across-connection exists on
the premises, or if the pressure. in the water system is
lowered below ten (10) psi gauge, the County shall take
positive action to insure that the water system is
adequately protected at all times;
(g) The duly authorized representative of the County shall
notify the owner, or authorized agent of the owner, of the
building or premises in which there is found a violation
of this article, apprising him of the facts of such violation.
The duly authorized representative shall set a reasonable
time for the owner to have the violation removed or
corrected. Upon failure of the owner to have the violation
corrected by the end of the specified time interval, the
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duly authorized representative may, if in his judgement a
health hazard exists,. cause the water .service to the
building or premises to be terminated. The County shall
thereafter immediately afford the owner, occupant or
agent the notice and opportunity to be heard. In all cases
where the County shall terminate water service as
provided under this subsection, the County shall act with
dispatch in notifying the owner, occupant. or agent and
shall exercise the utmost diligence in scheduling a prompt
hearing on the matter. Any owner or authorized agent of
the owner responsible for the- maintenance of the
plumbing system in a building. who knowingly permits a
violation to remain uncorrected after the expiration of
time set by the duly authorized representative of the
County shall, upon conviction thereof by the court, be
fined not more than one hundred dollars ($100.00) for
each violation. Each day of failure to comply with the
requirements of this article after the specified time shall
constitute a separate violation. Water service to such
premises shall not be restored until the deficiencies have
been corrected or eliminated in accordance with the policy
mentioned in subsection O above to the satisfaction of the
County;
(h) The potable water made available on the properties served
by the water system shall be protected from possible
contamination or pollution by .enforcement of this
ordinance and the County of Isle of Wight Plumbing
Code. Any water outlet which would be used for potable
or domestic purposes and is not supplied by the potable
system must be labeled as "Water Unsafe for Drinking" in
a conspicuous. manner.
ARTICLE VII. WATER LINE EXTENSIONS AND SYSTEM
IMPROVEMENTS WITHIN CURRENTLY DEFINED DEVELOPMENT
SERVICE DISTRICTS AND OTHER DESIGNATED AREAS.
Sec. 16.1.27. Extensions-Residential areas.
Where .existing residential areas desire public water service but are
not included as part of the County's current water construction
.program, requests for extensions shall- be made in writing upon a
petition form which may be obtained from the County.
1
Sec. 16.1.28. Same--Commercial or industrial property.
Extensions of water service to existing commercial and industrial
property if not proposed as part of the County's current water
construction. program,: may be requested of the County by a letter
from the president, board chairman or principal of the corporation
desiring such service.
Sec. 16.1.29. Same--Determinations by Department of Public Utilities.
Such petitions and corporate .letters may be referred by the Board of
23
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Supervisors to the Department of Public Utilities for determination of
affected property owners or area and for feasibility review. The
Department of Public Utilities shall recommend a course of action to
the Board of Supervisors based on review findings and
recommendations.
Sec. 16.1.30. Reserved
Sec. 16.1.31. Same-Duty of property owners.
Property owners requesting or required to extend water service shall
extend the distribution main longitudinal to the appropriate property
line and to within five (5) feet of the furthest extremity of such
.property.
Sec. 16.1.32. Reserved.
Sec. 16.1.33. Standards for construction; costs of improvements to be borne by
developer.
Extensions of transmission mains and/or distribution mains and
construction of wells, with adequate storage, and proper treatment
necessary to provide public water service for a new development shall
be installed by and at the total expense of the developer unless
otherwise agreed to in advance by the County. Materials and methods
of construction shall be in strict accordance with the County's
construction specifications for water facilities; engineering submittals
and design shall be reviewed and approved by the County. All
charges. for service rendered by the County, including full-time
inspection and engineering review, shall be paid in full by the
developer with no expense to the County, as provided in an
agreement to be executed between the developer and the County. The
completed system shall be conveyed to the County in proper legal
form for ownership and, in the County's discretion, operation. A one-
year maintenance bond or letter of credit acceptable to the County
Attorney in such amount as determined by the County on all water
distribution construction deeded to the County and afive-year
maintenance bond or letter of credit acceptable. to the County
Attorney in such amount as determined by the County on all water
production. facilities deeded to the County shall be provided by .the
developer to the County.
Sec. 16.1.34. Reserved.
Sec.. 16.1.35. Certain developments required to extend water service
New commercial and/or industrial construction or development,
manufactured home parks, multiple dwellings and all subdivisions,
within Development Service Districts and other specifically designated
areas, shall be required to install water systems, and to dedicate the
systems to the County. Where the proposed development is less than
one thousand (1,000) feet from the County's existing system, the
developer shall be required to extend the County's system, in
accordance with the Master Plan to proposed development. Where
the proposed development is more than one thousand (1,000) feet
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from the County's .existing system, the developer shall be required, at
the discretion of the County, to extend the County system, in
accordance with the Master Plan to the proposed development, onto
provide dry water mains and local onsite facilities (i.e. individual or
community wells, etc.), in compliance with all applicable regulations,
for the development. If the County system is so extended, the County
will participate, as mutually agreed upon in advance, in the cost of
such extensions in excess.. of one thousand (1,000) feet. An agreement
between the County and the developer shall state the improvements
required. Requirements of developers of properties, not within
Development Service Districts and other specifically designated areas,
regarding the provision of water facilities, will be established ~by, and
at .the discretion of, the County.
ARTICLE VIII. EMERGENCY PROCEDURES DURING WATER
SHORTAGES
Sec. 16.1.36. Purpose.
During the continued existence of climatic, hydrological and other
extraordinary conditions the. protection of the health, safety and
welfare of the residents of the. County of Isle of Wight and the other
customers served by the County water system may require that
certain uses of water, nonessential to public health, safety and welfare,
be reduced, restricted or curtailed; and as the shortage of potable
water may become increasingly more critical, conservation measures
to further reduce consumption or curtail essential water use may be
required.
Sec. 16.1.37. Procedures.
(a) The Board of Supervisors finds that when there exists an
immediate potential for a shortage of potable water in the
County of Isle of Wight's water system that increasingly
more restrictive conservation measures may be required
to prevent a crucial water shortage;
(b) The Director of Public Utilities.. is hereby directed to
implement conservation measures, at such times by
ordering the restricted use or absolute- curtailment of the
use of .water for certain nonessential purposes for the
duration of the water shortage in the manner hereinafter
set out. In exercising his discretionary authority and
making the determinations set forth herein, the Director of
Public Utilities shall give due consideration to water.
levels, available/usable storage on hand,- .draw .down
rates, the projected supply capability in water sources
available to the system, system purification and pumping
capacity, .daily water consumption and consumption
projections of the system's customers, prevailing and
forecasted weather conditions, fire service requirements,
pipeline conditions including breakage, stoppages and
leaks, supplementary source data, estimates of minimum
essential supplies to preserve public health and safety and
such other data pertinent to the .past, current and
25
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(1)
(~)
projected water demands;
(e) The provisions of this article or regulations promulgated
hereunder by the Director of Public Utilities which are
hereby. authorized, shall.-not apply to any governmental
activity, .institution, business or industry which shall be
declared by the Director of Public Utilities, upon a proper
showing, to be necessary for the public health, safety and
welfare or the prevention of severe economic hardship or
the substantial loss of employment;
(d) Upon a determination by the Director of Public Utilities of
the existence of the following conditions, the Director of
Public Utilities shall take the following actions:
Condition 1: When moderate but limited supplies of water are
available, the Director of Public Utilities shall, through
appropriate means, call upon the general population to employ
prudent restraint in water usage, and to conserve water
voluntarily by whatever methods available.
Condition 2: When very limited supplies of water are available,
the Director of Public Utilities shall order curtailment of less
essential usage of water, including, but not limited to, one or
more of the following:
a. The watering of shrubbery, trees, lawns, grass, plants or
any other vegetation, except indoor plantings, greenhouse
or nursery stocks and except watering by commercial
nurseries of freshly planted plants upon planting and once
a week for five (5) weeks following planting;
b. The washing of automobiles, trucks, trailers, boats,
airplanes, or any other type of mobile equipment,
exce ting in facilities operating with a water recycling
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system approved by the Director of the County provided,
however, that any facility operating with a water recycling
system shall permanently display in public view a notice
approved by the Director of Public Utilities stating that
such recycling system is in operation. In lieu of the
provisions hereof, the Department of Public Utilities may
curtail the hours of operation of commercial enterprises
offering such services in washing their own equipment;
e. The washing of streets, driveways, parking lots, service
station aprons, office buildings, exteriors of homes or
apartments, or other outdoor surfaces;
d. The operation of any ornamental fountain or other
structure requiring a similar use of water;
e. The filling of swimming and/or wading pools, or the
refilling of swimming and/or wading pools which were
drained after the effective date of the Director of Public
Utilities's order;
f. The use of water from fire hydrants for any purpose other
than .fire suppression or other public emergency.
(3) Condition 3: When critically limited supplies of water. are
available, the Director. of Public Utilities shall institute
mandatory reductions to each customer as ,follows:
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a. Industrial, institutional, commercial, governmental,
wholesale and all other nonresidential. customers shall be
allotted a percentage reduction based on their average
monthly and/or previous bimonthly consumption;
b. Individual residential customers shall be limited to a
specific volume or percentage reduction of water per
quarter;
c. If the allotted monthly and/or bimonthly water usage is
exceeded, the customer shall be charged ten dollars
($10.00) for every one hundred (100) cubic feet of water
consumed above the allotted volume. Where prior
consumption data is not available, the Director of Public
.Utilities shall estimate allocations based upon the data
available from similar activities of equal intensity.
(4) Condition 4: When only .crucial supplies of water are
available, the Director. of Public Utilities shall restrict the
use of water to purposes which are absolutely essential to
life, health and safety.
Sec. 16.1.38. Written report required.
The determination of Conditions 2, 3 and 4 by the Director of Public
Utilities shall be accompanied by a written report which shall set out
criteria utilized and data relied upon in making such determination
including a narrative summary supporting the determination. Each
report shall be promptly filed with the County clerk who shall make
the same available for .public inspection. The Director of Public
Utilities shall forthwith transmit a copy of each report to the Board of
Supervisors.
Sec. 16.1.39. Penalties for noncompliance.
(a) Any person who shall violate any provision of this article,
or any of the conservation regulations promulgated by .the
Director of Public Utilities pursuant thereto, shall, upon
conviction thereof, in addition to additional charges
and/or other actions set forth herein, be fined not more
than five hundred dollars ($500.00). Each act, or each day's
continuation of a violation shall be considered a separate
offense;
(b) In addition to the foregoing, the Director of Public Utilities
may suspend water service to any person violating the
provisions of this article or the regulations promulgated
hereunder. If such water service is terminated, the person
shall pay a reconnection fee of fifty dollars ($50.00) plus
all outstanding fines and fees before .service will be
restored.
1
Sec. 16.1.40. Notice of cessation of emergency.
The Director of Public Utilities shall notify the Board of Supervisors
when the resource shortage is over and the emergency situation no
longer exists.
The motion was adopted unanimously (5-0).
27
BOOM 11 ~,~.: ClIJ
C. The .application of Loftin Rhodes, owner and Glenwood & Lissa
White, prospective owners for a change in zoning classification from
A-1, Agricultural Limited to C-RA, Conditional Rural Residential,-
. approximately three (3) acres of land located on the west side of
Ballard Road (Route 614) between Walters Highway Route 58) and
Colosse Road (Route 641) in Windsor Magisterial District. The
purpose of the application is for one (1) ..rural residential lot as
conditioned.
Chairman Bradshaw called for citizens to speak in favor of or in opposition
to the proposed application.
Speaking on behalf of Loftin Rhodes, the applicant, Maurice Rhodes stated
the intent of the request is to sell a three acre wooded lot to Glenwood & Lissa
White.
Upon no one appearing to speak in opposition, Chairman Bradshaw closed
the public hearing and .called for comments from the Board.
Supervisor Spady moved the Board approve. the application of Loftin
Rhodes.. The motion was adopted unanimously (5-0).
D. The application of E. Carson Whitley, Jr. for a change in zoning
classification from A-1, Agricultural Limited to C-A2, Conditional
Agricultural General, approximately one (1) acre of land located at
32427-Green Oaks Lane, south of Carrsville Highway (Route 58), in
Windsor Magisterial District. The purpose of the application is for a
beauty shop.
Chairman Bradshaw called for citizens to speak in favor of or in opposition
to the proposed application.
Speaking in favor, Margaret Whitley requested the Board favorably consider
the request so that a beauty salon can be located at that address.
Upon no one speaking in opposition, Chairman Bradshaw closed the public
hearing and called for comments. from the .Board.
Supervisor Cofer moved the Board approve the application of E. Carson
Whitley, Jr. The motion was adopted unanimously (5-0).
E. The application of Ella Mae. Porter Joyner for a change in .zoning
classification from R-2, Residential General to R-MHA, Rural Mobile
Home District, lots 168 and 169 of Jamestown Subdivision which are
located on Taft Avenue in Windsor Magisterial District. The purpose
of the application is for the permanent location of a mobile home.
Chairman Bradshaw called for citizens to speak in favor of or in opposition
to the proposed application.
Upon no one appearing, Chairman Bradshaw closed the public hearing and
called for comments from the Board.
1
[]
1
28
BD~N •1~ ~, 6~
Supervisor Spady moved the Board approve the application of Ella Mae
Porter Joyner. The motion was adopted unanimously (5-0).
1
F. The application of Robert E. Hall for a change in zoning classification
from A-1, Agricultural Limited to C-RA, Conditional Rural
Residential, approximately 12.5 acres of land located on the north side
of Whispering Pines Trail (Route 650) between Beale Place Drive
(Route 646) and Central Hill Road (Route 637) in Hardy Magis#erial
District. The purpose of the application is for two (2) .rural residential
lots as conditioned.
Chairman Bradshaw called for citizens to speak in favor of or in opposition
to the proposed application.
Speaking in favor, Robert E. Hall stated the 12.5 acres, if approved, will be
divided equally into six-acre lots. Mr. Hall stated there are eleven existing homes
within a mile consisting of four and six acre lots. As he will be retiring in a few
year, he would like to have the option of selling the land, stated Mr. Hall.
Upon no one speaking in opposition, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Bradby moved the Board approve the application of Robert E.
Hall. The motion was. adopted unanimously (5-0).
D
Supervisor Cofer moved the Board simultaneously consider the following
applications of the Thurman B. Winslow Estate. The motion was adopted
unanimously (5-0).
G. The application of the Thurman B. Winslow Estate for a change in
zoning classification from A-1, Agricultural.. Limited to C-RA,
Conditional Rural Residential, approximately one (1) acre of land
located on the west side of Courthouse Highway (Route 258) between
Hatcher's Lane and Foursquare Road (Route .620) in Hardy Magisterial
District. The purpose of the application is for one (1) rural residential
lot as conditioned.
H. The application of the Thurman B. Winslow Estate for. a change. in
zoning classification from A-1, Agricultural Limited to C-RA,
Conditional Rural Residential, approximately one (1) acre of land
Iocated on the east side of Courthouse Highway (Route 258) between
Darden Farm Lane and Scott's Factory Road (Route 620) in Newport
Magisterial District.. The purpose of the application is for one (1) rural
residential lot as conditioned.
..Chairman Bradshaw called for citizens to speak in favor of or in opposition
to the proposed applications.
Speaking on behalf of the Thurman B. Winslow Estate, William Riddick
stated Thurman Winslow, now deceased,. has left two lots to his wife and
daughters. Mr. Riddick stated Mrs. Winslow is currently residing with one of her
daughters in Richmond and does not wish to see the home remain vacant. Mr.
29
eoeK 17.._: Fg
Riddick stated a cash proffer has been offered for the property located on the east
side of Courthouse Highway.
Upon no one speaking in opposition, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Claud moved the Board approve the application of the Thurman
B. Winslow Estate for a change in zoning classification from A-1, Agricultural
Limited to C-RA, Conditional Rural Residential, approximately one (1) acre of
land located on the west side of Courthouse Highway (Route 258) between
Hatcher's Lane and Foursquare Road (Route 620) in Hardy Magisterial District
.and the application of the Thurman B. Winslow .Estate for a change in zoning
classification from A-1, Agricultural Limited to C-RA, Conditional Rural
Residential, approximately one (1) acre of land located on the east side of
Courthouse Highway (Route 258) between Darden Farm Lane and Scott's Factory
Road (Route 620) in Newport Magisterial District. The motion was adopted
unanimously (5-0).
//
At 8:00 p.m. Supervisor Cofer moved the Board take aten-minute recess
before returning to the regular order of the agenda.. The motion was adopted
unanimously (5-0).
//
Upon returning to open session. at 8:10 p.m., Chairman Bradshaw called .for
the continuation of the Community Development Report.
Concerning the Tyler's Beach Federal Navigation Project, Mr. David stated
the Board previously passed a resolution in support of a Corps of Engineers'
dredging project originally planned for the channel. Mr. David stated the Corps
had proposed to put the dredge spoils in the depression in the James River,
however, the Virginia Marine Resources Commission (VMRC) granted a permit
in 1991 with the requirement that the Corps of Engineers conduct appropriate
engineering studies. In this regard, detailed studies were performed which
determined that the dredged spoils were staying in the depression. The Corps
of Engineers then targeted funds for another maintenance dredging this year and
subsequently submitted another- application to the VMRC and inquired of the
County whether or not there were any suitable upland properties located within
one mile of the channel which would be available for depositing approximately.
200,000 square yards of dredged material for a fifty year cycle of dredging. The
County has determined that it does not own any property in the area. which was
communicated to the Corps of Engineers, as well as that such a use of land would
present a conflict with the predominantly residential. agricultural land uses in the
area. The Corps of Engineers went before the VMRC on October 29, 1996 and the
Board's adopted resolution was presented to the VMRC at the meeting. The
VMRC voted unanimously to deny the permit to the Corps of Engineers because
of the potential negative impact to the public oyster grounds outweighing. the
public benefits of dredging the navigation channel. The VMRC also felt that the
County. had not fully explored the possibility of an upland disposal site and that
the County, if unable to secure through purchase, should condemn private
1
30
eo~K~ 17 . ~ `~~
property for this public use. Informal discussions with the Corps of Engineers
indicate that the funding for the project will not be viable after this fiscal year.
The .County could begin the process of locating and having the Corps of
Engineers conduct the necessary environmental reviews and purchasing or long-
term leasing. of a suitable property within one mile of the navigation channel or
the County could contact Congressman Sisisky for assistance in determining the
feasibility of obtaining Federal legislation to deposit the material at the Craney
Island facility operated by the Corps. It should be noted that if this is acceptable,
the toll charges will be the responsibility of the County, estimated to be between
$50,000 and. $70,000; however, there maybe some Virginia Port funds available
to defray the cost, stated Mr. David.
Supervisor Spady moved the Board authorize staff to contact Congressman
Sisisky to solicit his help in the disposal of the dredged spoils materials and to
request that all appropriate fees be waived. Supervisor Bradby noted he would
like to be present at any scheduled meeting with the Congressman. The motion
was adopted unanimously (5-0).
Regarding solid waste management, Mr. David stated the Board previously
recommended staff speak with SPSA, the County's waste authority. Mr. David
stated he received several documents, franchise agreements and ordinances for
consideration. Mr. David stated he has modified a Request for Proposal from
James City County to reflect the Board's consideration being on a voluntary basis
and that the cost of providing the services would be borne by the users. Mr.
David distributed to the Board a Request for Proposal for its consideration.
1
Supervisor Cofer suggested Mr. David place the Request for Proposal on the
Board's December agenda for its consideration.
Chairman Bradshaw suggested sending the matter back to the Planning
Commission for their consideration and recommendation to the Board.
Responding to Chairman Bradshaw's inquiry, Mr. David stated once the
agreement with the State is finalized for the Walters site, there are sufficient funds
to develop the site.
Chairman Bradshaw expressed a concern with the County's inability to
properly maintain and clean the Camptown site. Chairman Bradshaw stated he
believes the property owner is going to request that this site be removed as a
result ~
Supervisor Cofer inquired about utilizing the Franklin landfill site.
Mr. David stated the County would first need to effect a lease agreement
between the County and the City of Franklin, amend the approved closure plan
with the Department of Environmental Quality to include associated engineering
costs and authorize the funds to develop. the site.
County Administrator Casket' stated staff will be requested to police the
Camptown site periodically with notification to the community and Union Camp
Corporation. In the meantime, staff will pursue the potential of developing an
unattended site on Lee's Mill Road, stated Mr. Casket'.
31
sooK 1T ..~:- 7U
Mr. David stated additional information on House Bill 1570 (cash proffers)
will be provided to the Board by the December meeting.
Mr. David provided the Board with documentatiort prepared by the
Chesapeake Bay Commission in which the County is listed as a local success
specifically for its Rural Conservation District in the Comprehensive Plan.
Regarding the Virginia Juvenile License Agreement, County Attorney Crook
stated he wrote a letter indicating his concern with the .indemnification and hold
harmless provisions in the proposed contract and he has received a call from the
Assistant Attorney General who stated that the County Attorney was correct in
that the language should not be included in .the ..contract and that the County
would receive a new agreement with this language removed.
//
Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook stated he previously advised the Sheriff that bicycle
riders must ride single file and along the right edge to the road. County Attorney
Crook stated that since he has not been able to find any enabling legislation for
authority to prepare an ordinance requiring a special permit for bicycle events,
however, he would like to research the. matter further. and bring back. a
recommendation to the Board.
Regarding the Business Professions. License Ordinance, County Attorney
Crook stated the Commissioner of Revenue is requesting the Board consider
amending the Ordinance to make the $4,000 exemption apply in certain other
categories.
Supervisor Cofer moved the Board authorize-the County Attorney advertise
for public hearing the requested changes in the BPOL Ordinance for the Board's
December, 1996 meeting. The motion was adopted unanimously (5-0).
County Attorney Crook requested the Board approve the Note and Deed
of Trust to secure the proffers of the Echo Lake Subdivision proffers and
authorize the Chairman to sign same.
Supervisor Claud moved the Board approve the Note and Deed of Trust
for the Echo Lake Subdivision proffers and authorize the Chairman to sign same.
The motion was adopted unanimously (5-0).
County Attorney Crook stated there are statutes which allow localities to
have an Assessment Department to perform assessments annually or bi-ennually.
County Attorney Crook stated the Board may wish to explore this possibility
before it hires consultants to perform a reassessment. County Attorney Crook
stated he will draft an ordinance for the Board's consideration at its December,
1996 meeting, if desired.
Supervisors Spady and Cofer requested the County Attorney prepare a
summary to include the Commissioner of the Revenue and the Director of Budget
and Finance, on how this Department may be formed.
32
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1
Supervisor Cofer moved the Board approve the County Attorney's
recommendation to establish a Department of Assessment and have a bi-ennual
reassessment of properties in the County. The motion was adopted unanimously
(5-0).
County Attorney Crook stated he had. four matters for executive session
later in the meeting.
//
Supervisor Spady moved the Board amend the order of the agenda to hear
Old .Business. The motion was adopted unanimously (5-0).
A. An Ordinance to Amend the Zoning Ordinance of Isle of Wight
County to Adopt Provisions Regulating Communication Antennas
and Towers (Tabled August 15, 1996 and October. 17, 1996)
Mr. David stated he has made amendments responsive to the concerns of
amateur radio operators which includes a provision that a Conditional Use Permit
will be required fora amateur radio antennas when they exceed fifty (50) feet in
height. Mr. David stated he has received a request from the Western Tidewater
Radio Association to raise the fifty (50) feet height requirement to seventy (70)
feet.
LJ
Supervisor Cofer moved the Board approve the following amendment to the
Zoning Ordinance to include Section 10-17, paragraph "A" to reflect seventy (70)
feet in height:
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF ISLE OF WIGHT COUNTY TO ADOPT PROVISIONS
REGULATING COMMUNICATION ANTENNAS AND TOWERS
Be it and it is hereby ordained by the Board of Supervisors of Isle of Wight
County, Virginia, that the following be added as Section 10-17 of the Zoning
Ordinance of Isle of Wight County, Virginia:
Section 10-17 Communication Antennas and Towers
Where this ordinance provides for communication antennas or towers
and associated substation as a permitted use in a zoning district with a
conditional use. permit:
1
A. A conditional use permit as provided. herein shall not be
required for any communication antenna or tower and associated substation
used for non-commercial purposes in support of amateur radio operations
or for use by Isle of Wight County, Virginia, when such antennas or towers
are less than seventy (70) feet in height measured from ground level. Such
communication antennas and towers and associated substations shall be
considered as accessory structures and shall meet the corresponding yard
setback requirements of the applicable zoning district wherein such
communication antennas and towers and associated substations are. located.
33
BONN 17 ~•.;'
B. Conditional Use Permit applications shall be accompanied by the
following information:
1. Verifiable evidence produced by the applicant demonstrating the
unavailability of space to locate the antennas or tower on suitable
existing towers or on existing tower sites, respectively, including
towers, antennas, or suitable tower. sites owned or controlled by Isle
of Wight County.
2. A statement. from an engineer licensed by the Commonwealth
of Virginia that NIER (non-ionizing electromagnetic radiation) emitted
from any proposed communication antenna or tower and associated
substations will not result in a ground level exposure at any point
outside such facilities which exceeds the lowest applicable exposure
standards established by any. regulatory agency of the U.S.
Government or the American National.. Standards Institute.
3. The capacity of the proposed antenna or tower to accommodate
additional users.
4. The location of the proposed structure and an evaluation of its
impact on the character of surrounding areas.
5. Applications for communication antennas or towers which are
greater than seventy (70) feet in height measured from ground level
and associated substations that are used for non-commercial purposes
in support of amateur radio operations .shall. be exempt from
submitting the information requested in Subsections 10-17.B.1 through
4. However, applications for such communication. antennas or towers
and associated substations shall include a site plan to scale depicting
at a minimum the dimensions and configuration of the subject
property; the location of the proposed antenna or tower, guy anchors,
and related structures; distances of all .existing and proposed
structures to property lines and public rights-of-way; and, the location
of all existing primary and accessory structures located on adjoining
properties and the linear distance of such structures to the proposed
communication antenna or tower.
C. More than .one (1) communication antenna or tower and
associated substations may be permitted on a given site, provided that all
setback, design, and landscaping requirements are met. The co-location of
towers and` the multi-use of tower structures is encouraged.
D. The following design standards shall apply to communication
antennas or towers and associated substations:.
1. The site shall be a minimum of two thousand (2,000) square feet
excluding vehicular access areas.
2. All communication antennas or towers and associated
substations shall be located at least two hundred (200) feet from any
existing residential dwelling unit or residential zoned property.
1
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so~.n 17..:- 73
3. All communication antennas or towers and associated structures
shall be set back from public rights-of-way at least one hundred (100) feet
and from all side and rear property lines at least fifty (50) feet.
4. All .guy anchor points and associated improvements or
structures for. any communication antenna or tower shall meet the yard
setback requirements. of the applicable zoning district in which such
antennas or towers are located
5. All. living and diseased-free trees eight (8) inches or larger in
diameter, measured four and one-half (4 1 / 2) feet from the base, shall be
preserved. and protected during construction of any communication.antenna
or tower and associated substations except where clearing is required to
accommodate the proposed communication antenna or tower and associated
substation.
6. Any combination of landscaped vegetative buffers, landscaped
earthen berms, or preservation of existing vegetation shall be provided
around. the perimeter of the site of any communication antenna or tower
and associated substation, as may be required by the Zoning Administrator
or as part of the Conditional Use Permit. Such buffers, berms or existing
vegetation shall be designed so as to disrupt direct views of the antenna or
tower bases and any accessory structure from all adjacent properties and
public rights-of-way.
1
7. The base of any communications antenna or tower. shall be
screened on all sides. by buildings, landscaped vegetation, or a uniformly
natural colored opaque fence, up to a height of ten (10) feet, so that it is not
visible below that height to a person standing. anywhere on any adjacent
property or public rights-of-way.
8. No building or structure exterior which would be visible to
public rights-of-way .shall be constructed of unadorned concrete, block or
corrugated and/or sheet metal. Additionally, mechanical equipment,
whether ground-level or rooftop, shall be shielded and screened from public
rights-of-way.
1
E. The Board of Supervisors with a recommendation from the
Planning Commission may waive any of the requirements of Subsection 10-
17.D.1 through 8 for any communication antenna or tower and associated
substation used for non-commercial purposes in support of amateur radio
operations. In waiving such requirements, the Board of Supervisors with
a recommendation from the Planning Commission shall make a finding that.
compliance with any of the aforecited requirements is not practical because
of topographic features or the physical condition of the subject property; the
type, style, or construction of the proposed communication antenna or
tower and associated substation; the location of existing primary or
accessory structures; or, other related. issues.
F. All communication antennas or towers shall- utilize red beacon
type safety lighting, if such light in is required by any regulation of U.S.
Government. Strobe lighting or similar lighting mechanisms shall not be
35
permitted unless specifically required by regulations of the U.S.
Government.
G. No commercial advertising material shall be allowed on the
communication antenna or tower and any associated substation.
Communication antennas or towers and associated substations containing
such advertising material shall. be considered a sign.
H. Accessory facilities associated with communication towers or
antennas may not include offices, vehicle storage or outside storage.
L Communication towers or antennas facilities no longer in use
shall be removed within six (6) months.
J. The owner shall have a safety inspection conducted. annually by
a registered professional engineer licensed in the Commonwealth of
Virginia and a copy of the inspection report shall be filed with the
Department of Planning and Zoning. Such inspections shall not be required
for any communication antenna or tower and associated substation used for
non-commercial purposes in support of amateur radio operations unless
otherwise required by the Board of Supervisors with a recommendation
from the Planning .Commission.
K. It shall be the responsibility of the owner or operator of a
communication antenna or tower that is subject to regulation by the U.S.
Government to provide copies of all federally required approvals prior to
final site plan approval.
L. Where any requirement of this subsection conflicts with those.
of the U.S. Government, then the Federal requirement shall govern.
M. Any communication antennas or towers lawfully existing prior
to the effective date of this ordinance shall be exempt from the requirements
of this subsection. Such structures may be continued and repaired, but any
alteration or reconstruction shall require a new or amended Conditional Use
Permit approved by the Board of Supervisors with a recommendation from
the. Planning. Commission except as may be provided in Subsection 10-17.A.
The motion was adopted unanimously (5-0).
B. Isle of Wight County Zoning Ordinance (Tabled October 17, 1996)
Mr. David stated the Board previously directed that the central water
system requirement be removed from the clustering option to better reflect the
requirements of the Subdivision Ordinance; that the buffer setbacks for all three
densities under the clustering options be reduced to a uniform 100 feet with the
first 50 feet of setback being appropriately landscaped; revision of the section
addressing the size of political signs; and, that he prepare certain .revisions
responsive to comments made by Union Camp Corporation. In this regard,
included in the agenda are revisions as directed by the .Board on clustering
options, stated Mr. David.
1
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1
County Attorney Crook stated that the concerns expressed by citizens to the
Board this evening are valid concerns. He stated that the elimination of strip
development along secondary roads and .conservation of rural areas with reduced
density of development are desirable goals. However, the real estate assessments
for taxes may be drastically reduced in the Rural Conservation Areas resulting in
very high increases in the Development Districts. I-ie requested the Board
consider tabling the ordinance to give him time to further study the ordinance
and work out with staff possible changes to reduce the impact on land values.
Supervisor Cofer moved the Board table the matter until its January, 1997
meeting, schedule a work session during December, 1996 or early January, 1997
and notify those who appeared under "Citizens Comments" tonight so that they:
may be present to present their concerns. The motion was adopted unanimously
(5-0).
C. An Ordinance to Amend Subdivision Ordinance to Remove 21 Acres
Exemption and to Reduce Exempted Lots From Three (3) to Two (2)
(Tabled October 17, 1996)
Supervisor Cofer moved the Board adopt the .following :Ordinance:
1
AN ORDINANCE TO AMEND SUBDIVLSION
ORDINANCE TO REMOVE 21 ACRES
EXEMPTION AND TO REDUCE EXEMPTED LOTS
FROM THREE (3) TO TWO (2)
Be it and it is hereby ordained by the Board of Supervisors of Isle of Wight
County, Virginia, that the following sections of the Subdivision Ordinance of Isle
of Wight County, Virginia,. be amended to read as follows:
3-4-1 Exempted Subdivisions of Land. A subdivision of land for the
purposes of development of a residential lot shall be exempted from the
provisions of this ordinance, provided that the. provisions of Section 3-4-2
of the Ordinance are complied with and provided, further,. that there are
not more than two (2) such lots made available for residential purposes
from any one (1) tract, parcel or lot of land.
Section 7-28-(c)-(1)
(1) Any .sale or other transfer of bulk property for agricultural,
horticultural or silviculture purposes, not involving any new street. Thee
granting of a .right-of-way for access shall not be deemed to involve any
new street.
The motion was adopted unanimously (5-0).
~~
//
Supervisor Spady moved the Board return to the regular order of .the
agenda. The motion was adopted unanimously (5-0).
//
37
Bo~K ~~ :~4~ 7e
Chairman Bradshaw Called for the County Administrator's .report.
Regarding the County's legislative priorities, County Administrator Caskey
recommended the Board adopt the three resolutions contained in the agenda. Mr.
Caskey stated the School Board, at this .point, has not adopted its legislative
proposals and these will be brought to the Board for its consideration at its
December, 1996 agenda.
Supervisor Claud moved the Board adopt the following. resolution:
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE
PROPOSALS TO BE PRESENTED TO THE COUNTY'S
DELEGATION TO THE 1997 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that affect
- local governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight has specific interest in matters
dealing generally with local governments, as well as with matters directly
impacting the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight County's
General Assembly Delegation so that it may know of the County's position on
these important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY .RESOLVED that the Board
of Supervisors of the County of Isle of Wight endorses the attached .legislative
proposals for the 1997 General Assembly Session and directs that both this
resolution and the legislative proposals be forwarded to Isle of Wight County's
General Assembly Delegation and that the County Administrator and his staff
work with and assist the Delegation as appropriate.
The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION .SUPPORTING THE LEGISLATIVE PROPOSALS.
OF THE HAMPTON ROADS MAYORS AND CHAIRS CAUCUS FOR
THE 1997 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the County of Isle of Wight, Virginia is a participating member
of the Hampton Roads Mayors and Chairs Caucus; and,
WHEREAS, the Hampton Roads Mayors and Chairs Caucus produces
annually a legislative program which addresses issues vitally important to the
local governments of the Hampton Roads region; and,
WHEREAS, the Hampton Roads Mayors and Chairs Caucus has developed
a legislative agenda and policy statements for consideration during the 1997
Session of the Virginia General Assembly; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
38
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I
Bo~K 17 .~ . ~ 7
supports .the 1997 Legislative Agenda adopted by the Hampton Roads Mayors
and Chairs Caucus.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that. the Board
of Supervisors of the County of Isle of .Wight supports the 1997. Legislative.
Agenda adopted by .the Hampton Roads Mayors and Chairs Caucus for
consideration during the 1997 Session of the Virginia General Assembly and
directs that said support be conveyed via this resolution to Isle of Wight County's
General Assembly Delegation.
The motion was adopted unanimously (5-0).
.Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION SUPPORTING THE LEGISLATIVE PROPOSALS
OF THE VIRGINIA ASSOCIATION OF COUNTIES FOR
THE .1997 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the County of Isle of Wight, Virginia is a participating member
of the Virginia Association of Counties (VACo); and,
WHEREAS, VACo produces annually a legislative program which addresses
issues vitally important to the local governments of the Commonwealth of
Virginia; and,
WHEREAS, VACo has developed a legislative program and policy
statements for consideration during the 1997 Session of the Virginia General
Assembly; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
supports the 1997 Legislative Program adopted by the Virginia Association of
Counties.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board
of Supervisors of the County of Isle of Wight supports the 1997 Legislative
Program adopted by the Virginia Association of Counties for considerafion during
the 1997 Session of the Virginia General Assembly and directs that said .support
be conveyed via this resolution to Isle of Wight County's General Assembly
Delegation.
The motion was adopted unanimously (5-0).
Chairman Bradshaw noted the Caucus' legislative priorities were presented
at the Hampton Roads Mayors and Chairs meeting today.
Regarding a central County park facility, County .Administrator Caskey
stated the Board previously requested guidelines and criteria be developed should
the Board .consider appointing a task force. In this regard, the Director of Parks
and Recreation has provided information for the Board's consideration, stated
County Administrator Caskey.
Chairman Bradshaw recommended that he and Supervisor Claud be
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BoaK 17 ~~~;. 78
removed from the task force so that the group can present their recommendations
to the full Board.
Supervisor Spady noted he would like the Board members to be able to add
an individual to the task force if a Board members finds someone from their
respective district that would like to serve.
Supervisor Claud stated for complete clarification on where the task force
function ends, he would like to add "until a master plan is developed" where it
states "until the exercise is complete".
County Attorney Crook stated the task force should be created and
appointed by the Board, but some of the asterisks indicate that certain association
presidents can make appointments. County Attorney Crook stated only the Board
who creates the task. force has the authority to make appointments. County
Attorney Crook stated the Board should also try to limit the size as there are
twenty-five (25) individuals proposed for the task force which can become
unmanageable.
Chairman Bradshaw moved the Board approve Section I through 3-I and
add that the Lead Team will be making recommendations to the Board of
Supervisors as to the specific appointees to the task force not to exceed twenty
(20) members. The motion was adopted unanimously (5-0).
Regarding the request of the Carrsville Athletic Association to use the old
Carrsville Volunteer Fire Department building for various community functions
and business meetings, County Administrator Caskey stated in exchange-for such
permission, the Association will provide general upkeep of the building and
surrounding grounds. County Administrator Caskey distributed correspondence
from the Director of Public Works and the Superintendent of Inspections.
Chairman Bradshaw suggested the Director of Public Works and the
Superintendent of Inspections request specifics of the Carrsville Athletic
Association and come up with alternatives for the Association's use of the
building with no increase in costs to the County.
Chairman Bradshaw moved the Board table consideration of the matter
until its January, 1997 meeting to give the County Attorney time to review the
matter with regards to liability issues. The motion was adopted unanimously (5-
0).
Regarding a request from the FFA-FHA/HERO Educational and
Recreational Center at Morgart's Beach for a tax exempt status, County Attorney
Crook requested additional time to review the matter.
Turner Trice, Director of the. FFA-FHA/HERO Camp, stated. the Code of
Virginia exempts the FFA-FHA, however, the property is actually in the name of
the Center Board Association.
Supervisor Spady moved the Board direct the County Attorney review the
request and bring back a recommendation to the Board at its December, loo
meeting. The motion cvas adopted unaninu~usly (S-ll),
.,~
I~I
u
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BO~n ~ f ,. 79
i]
Lynn P. Harris, Director of Economic Development, stated preliminary
discussions were held between the County, Franklin/Southampton Economic
Development and Union Camp Corporation regarding a potential marketing
effort of the Western Tidewater region which would be supported- as a
public/private partnership requiring a financial commitment by the County.
Chairman Bradshaw requested the Director of Economic Development to
bring the matter up at the Board's December, 1996 meeting for further
consideration.
County Administrator Caskey stated the Treasurer of James City County has
contacted the County's Treasurer requesting .the County enter into an agreement
for the .regional enforcement of local motor vehicle license ordinances which will
allow the respective localities to enforce each other's motor vehicle license
requirements. The County has previously entered into a similar agreement with
the City of Franklin, stated County Administrator Caskey.
Chairman Bradshaw moved the Board direct the Treasurer and his counter
part, the James City County Treasurer, make recommendations and present same
to the Hampton Roads Mayors and Chairs Caucus.. The motion was adopted
unanimously (5-0).
1
County Administrator Caskey distributed for the Board's consideration a
comprehensive maintenance contract for all of the County's radio and
communications equipment which offers the County a monthly savings of $465.
Supervisor Spady moved the Board. approve the contract and direct staff to
perform a needs evaluation of the current radio equipment by department/ user.
The motion was adopted unanimously (5-0).
County Administrator Caskey stated. the Isle of Wight County Schools are
requesting use of space on the County's communications tower for the purpose
of installing a satellite dish. This request would enable the School Administration
to directly interact with the Internet and provide every school in the County with
Internet access, as well as providing County offices/agencies with the potential
for having an Internet connection and E-mail capabilities. Mr. Caskey noted it
has been recommended that before the County attaches any additional antennas
to the structure, a structure evaluation should be conducted.
Supervisor Claud moved the Board authorize the Isle. of Wight County
Schools to locate a satellite dish on the County's communications tower, subject
to such installation and .use being coordinated. with the County's radio
communications agent, to be accomplished in conjunction with a tower consultant
to provide an analysis as to the suitability of the tower to handle additional load.
The motion was adopted unanimously (5-0).
County Administrator Caskey presented for the Board's. consideration a bid
received in response to a Request for Proposals for repairs to the YMCA roof.
Supervisor Claud moved the Board accept the bid and authorize completion
of the noted roof. repairs with funds being drawn from the Capital Projects
Budget contingency account. The motion was adopted unanimously (5-0).
41
BOOM 17:M:' 80
County Administrator. Caskey presented for the Board's consideration a bid
received in response to a Request for Proposals for roof repairs to the Isle of
Wight Volunteer Rescue Squad building.
Supervisor Spady stated he would like staff to further solicit bids in
situations where only one (1) bid is received on a project.
Supervisor .Cofer moved the Board table the matter until its December, 1996
meeting. and, in the meantime, review the methods for bid solicitation for such
roof repairs. The Board .further directed staff to ensure that all such projects
which require shared funding be identified and coordinated with all other
partners.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
CARRYOVER FEDERAL AND STATE GRANT FUNDS
WHEREAS, the School Board of the County of Isle of Wight has received
carryover grants from the Federal and State Governments; and,
WHEREAS, the funds in the amount of one hundred twenty two thousand
one hundred eighty two dollars and ninety six cents ($122,182.96) .need to be
appropriated to the appropriate line item(s) in the 1996-97 budget of the County
of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that one hundred twenty
two thousand one hundred eighty two dollars and ninety six cents ($122,182.96)
be appropriated to the following line. items in the 1996-97 budget of the County
of Isle of Wight:
Federal
Title I $64,556.56
Preschool Incentive 8,244.22
Title II 11,827.68
Title IV 282.50
State
Technology Initiative $37,272.00
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized to make. the appropriate accounting
..adjustments in the budget and to do all things necessary to give this resolution
effect.
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
GRANT FUNDS FROM THE UNITED STATES
f]
1
42
ao~K ~ 17 ..: 81
DEPARTMENT OF EDUCATION
WHEREAS, the School Board of the County of Isle of Wight has received
several grants from the United States Department of Education; and,
WHEREAS, the funds in the amount of two hundred three thousand one
hundred forty seven dollars ($?A3,147) need to be appropriated to the appropriate
line item(s) in the 1996-97 budget of the County of Isle of .Wight, Virginia.
NOW, THEREFORE, BE IT AND. IT IS HEREBY RESOLVED by the Board
of Supervisors of .the County of Isle of Wight, Virginia that two hundred three
thousand one hundred forty seven dollars ($203,147) be appropriated to the
following line items in the 1996-97 budget of the County of Isle of Wight:
Title II Eisenhower (K-12 English Project) $ 750
Title II Eisenhower Program (Additional) 1,397
Title IV-B Special Education Program 201,000
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized to make the appropriate accounting
adjustments in the budget and to do all things necessary to give this resolution
effect.
The motion was adopted unanimously (5-0).
1
Donald T. Robertson distributed a proposed schedule for the Board's
consideration of the Draft Compensation and Classification Study.
Mr. Robertson was directed by the Board to .revise the schedule to reflect
a work session in January or February of 1997. Mr. Robertson .was further
directed to have representatives of David M. Griffith & Associates in attendance
at the initial work session and that the Constitutional. Officers be invited to attend
a second work session.
Regarding County holiday leave for Thanksgiving and Christmas,
Supervisor Claud moved the Board authorize County .offices be closed on
Thursday, November 27th and Friday, November 28th in observance of the
Thanksgiving holiday. Supervisor -Claud further moved that County offices be
closed at 12:00 noon on Tuesday, December 24, 1996 and remain closed on
Wednesday, December 25th and Thursday, December 26, 1996. The motion was
adopted unanimously (5-0).
County Administrator Caskey stated he was advised by the .County's bond
counsel that the General Obligation Refunding Bonds were reissued on Tuesday
which will enable the County to realize a direct savings of $336,669.72.
1
Mr. Caskey recognized Tracy M.
Finance Department, who is overseeing
Finance Director's maternity leave.
James, Accountant in the Budget and
the Department during the Budget and
Mr. Caskey stated he had several matters for executive session later in the
meeting.
43
Eo~K 17.~~ ~2
//
Chairman Bradshaw called for New Business.
Supervisor Bradby presented a request of the Rushmere Volunteer Fire
Department to expend approved funds in the Capital Budget for an emergency
generator for other needs rather than the purchase of the generator.
Supervisor Spady requested Supervisor Bradby to obtain prices on the items
the Department is .requesting and bring the matter back to the Board for its
consideration at its December, 1996 meeting.
Chairman Bradshaw noted Supervisor Cofer was elected to a two-year term
as Region II Director for the Virginia Association of Counties...
//
Chairman Bradshaw called .for Appointments.
Chairman Bradshaw moved the Board reappoint Aleisha A. Langhorne as
the "Under 18" representative on the Youth .Services Advisory Board. Ms.
Langhorne's term will expire in November of 1998. The motion was adopted
unanimously (5-0).
Chairman Bradshaw moved the Board reappoint Denise N. Tynes for an
additional three-year term on the Western Tidewater Community Mental Health
and Retardation Services Board (Chapter 10). Ms. Tynes' term will expire in
December of 1999. The motion was adopted unanimously (5-0).
Chairman Bradshaw requested Donald T. Robertson contact John or Anne
Edwards to determine their interest in serving on the Western Tidewater
Disability Services Board.
Chairman Bradshaw moved the Board appoint Henry H. Bradby, replacing
Robert C. Claud, Sr., as the Board's representative on the Transportation Safety
Committee. Mr. Bradby's term will expire in December of 2000. The motion was
adopted unanimously (5-0).
//
County Attorney Crook requested an executive session under Section 2.1-344
Al of the Freedom of Information Act for consultation with staff and counsel on
several personnel matters; under Section 2.1-344 A3 of the Freedom of
Information Act concerning acquisition and/or use of public property for public
purposes; and, two matters under Section 2.1-344 A7 of the Freedom of
Information Act for advice of counsel relative to potential litigation.
At 9:30 p.m., Supervisor Cofer moved the Board enter executive session for
the reasons stated by the County .Attorney. The motion was adopted
unanimously (5-0).
Upon returning to open session at 11:00 p.m., Supervisor Cofer moved the
1
44
BooK 17.~~:~ 83
Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
1
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, 2.1-344.1A 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 was adopted unanimously (5-0).
Supervisor Spady moved the Board approve the change orders in the
amount of $30,000 for the closure of the County landfill and continue to hold the
sum of $15,000 as retainage. The .motion was adopted unanimously (5-0).
.Chairman Bradshaw moved the Board. appoint an economic subcommittee
of the Board consisting of Malcolm T. Cofer and himself to work with the
Economic Development Director. The motion was adopted unanimously (5-0).
//
At 11:02 p.m., Supervisor Cofer moved the Board adjourn. The motion was
adopted unanimously (5-0).
1
~! -~'
Phil ' A. Bradshaw, Chairman
.~
W. Dougl skey, Cler
45