06-15-2000 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNfY BOARD
OF SUPERVISORS HELD THE FIFTEENTH. DAY OF JUNE IN
THE YEAR TWO THOUSAND
PRESENT: Phillip A. Bradshaw,- Chairman
Henry H. Bradby, Vice-Chairman
Robert C. Claud, Sr.
Stan D. Clark
Richard K. MacManus
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
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County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Bradshaw called the regular meeting to order at 6;00
p.m. The invocation was delivered by Supervisor MacManus.
The Pledge of Allegiance was conducted.
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Chairman Bradshaw recognized the new School Superintendent,
Dr: Patricia Thomas Torrence.
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Chairman Bradshaw called for Special Presentations.
Randall Lee, Group Director of ..Operations, Charter
Communications, addressed the Board concerning a timeline for
upgrading cablevision services within .the County. He stated Charter's
goal is to have the County completely overhauled and all systems
replaced within a two (2) year period.
County Attorney Crook, in response to Chairman Bradshaw,
advised. that the County currently has a request for approval of the
transfer from Falcon cablevision to Charter Communications which
he received from the County Administrator. He suggested to the
Board that it have a committee meet with Mr. Lee and representatives
of Charter Communications to work on the transfer. agreement.
Supervisor Clark moved the Board have its committee (Clark,
Caskey, Crook) meet with Mr. Lee and other Charter representatives
to work out an agreeable transfer agreement for further consideration
by the Board, to include finite dates for completion of upgrading the
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service within the County. In the meantime, the committee will make-
contact with other cable system providers to determine if there are
.opportunities for better service or other related benefits to the County.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no
Supervisors voting against the motion.
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Chairman Bradshaw indicated the following Consent Agenda
included Items 2, A and B, and asked" if there were any items for
removal:
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A. Air Quality Designation, Virginia Department of
Environmental Quality
B. May 18, 2000 Regular Meeting Minutes
Supervisor Claud moved the Board adopt all items of the
Consent Agenda. The motion was adopted with Supervisors
MacManus, Bradby,; Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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Chairman Bradshaw called for Transportation Matters.
Jonathan W. Hartley, .Director of Planning and Zoning,
presented a Resolution of the Board of Supervisors of Isle of Wight
County, Virginia Requesting the Addition of South .Johnson Avenue
Into the State System of Secondary Roads Through the Rural Addition
Program for the Board's consideration.
Supervisor Clark moved the Board adopt the following
resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRGINIA
REQUESTING THE ADDITION OF SOUTH JOHNSON
AVENUE INTO THE STATE SYSTEM OF SECONDARY
ROADS THROUGH THE RURAL ADDITION PROGRAM
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WHEREAS,. a request has been received from the residents of
South Johnson Avenue, and,
WHEREAS, the subject street was established September 28,
.1965, which is prior to the July 1, 1989 date .required in Section 33.1-
72.1 of the Code of Virginia, and,
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WHEREAS, the. subject street currently serves at least three (3)
families per mile, and,
WHEREAS, the .Virginia Department of Transportation has
deemed this County's current subdivision control ordinance meets all
necessary requirements to qualify this County to recommend additions
to the secondary system of State highways, pursuant. to Section .33.1-
72.1, Code of Virginia; and,
WI~REAS, the Board of Supervisors of Isle of Wight County
has secured the services of an engineering firm, Baldwin and Gregg,
licensed in Virginia to perform certified land survey work to properly
document all existing rights-of--way, .easements, encroachments, and
privately owned properties; and,
WHEREAS, said engineering firm identified and documented
spot elevations throughout the right-of--way to properly identify natural
stormwater drainage in the area; and,
WHEREAS, said engineering firm identified .and documented all
utilities in the area and County staff has determined depths of all
utilities in the right-of--way; and,
WHEREAS, said engineering firm determined proper
dimensions for aturn-around at the terminus of the subject street; and,
WHEREAS, sufficient funds have .been previously allocated for
the Rural Addition Program through the Six Year Plan for Secondary
Roads and the Revenue Sharing program in amounts sufficient to meet
the County's portion of the improvement costs; and,
WHEREAS, a commitment has begin obtained -from all impacted
residents to dedicate all land required for right-of--way and/or easement
as soon. as all other concerns are resolved; and,
. WHEREAS, after examining the ownership of all property
abutting this street, this Board finds that no speculative. interest exists.
NOW, THEREFORE, BE IT~ RESOLVED, this Board requests
the following street be added to the secondary system of State
highways, pursuant to Section 33.1-72.1(D), Code of Virginia:
Name of Street: South Johnson Avenue
Length: 705+ feet
.From: Shiloh Drive
To: South Johnson Avenue Terminus
Guaranteed ROW Width: Minimum Fifty (50) feet
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Plat Recorded Date: September 28, 1965, Plat Cabinet
1, Sheet 141,.Page.261
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BE IT FURTHER RESOLVED this Board guarantees a clear
and .unrestricted right-of--way, as described, and any necessary
easements for cuts, fills and drainage; and,
BE IT FURTHER RESOLVED this Board requests the Virginia
Department of Transportation to improve said street to the prescribed
minimum standards, funding said improvements pursuant to Section
33.1-72.1 (D), Code of Virginia; and,
BE IT .FURTHER RESOLVED that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshaw called for consideration of adding Yellow
Rock Road, Hideaway Lane and Gayle Way to the State System of
Secondary Roads under the Rural Addition Program..
County Attorney Crook .stated he has no problem with Gayle
Way. and that he had spoken with the owner of Yellow Rock Road who
indicated that he would deed it to the County. He noted that he would
continue with his efforts searching the deed and records for Yellow
Rock Road.
Supervisor Clark moved to determine there is no speculative
interest held by a developer applicable to Gayle Way, as defined by
the Virginia State .Code, and to add Gayle Way to the Rural Addition
Program as #4 on the list. The .motion was adopted with Supervisors
MacManus, .Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (S-0) and no' Supervisors voting against the motion.
Mr. Hartley noted receipt of .the .following pertaining to
transportation issues:
1. Letter dated June 5, 2000 from James S. Givens, State
Secondary Roads Engineer, reporting the addition of
various roads in Gatling Pointe South, effective May 17,
2000.
2. An emailfrom CliffMolleen, Assistant Resident Engineer,.
advising the County. that the drainage problems on Gayle
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Way discussed in the. field on Tuesday, June 6, 2000 is
outside the State maintenance area..
3. Letter to Peter M. Stephenson, Town Manager, soliciting
input on a petition. requesting a traffic light at Battery Park
Road and Nike Park Road.
Mr. Hartley presented a Resolution of the Board of Supervisors
of Isle. of Wight County, Virginia Clarifying the Allocation of Revenue
Sharing Funds Allocated in FY 1999-2000 .for the Roads in the
Jamestown Community. for the Board's consideration.
Chairman Bradshaw moved the Board adopt the following
resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRGI1~tIA
CLARIFYING THE ALLOCATION OF REVENUE SHARING
FUNDS ALLOCATED IN FY 1999-2000 FOR THE ROADS IN THE
JAMESTOWN COMMUNITY
WHEREAS, the Board of Supervisors approved the
Designation of Funds -Revenue Sharing for FY 1999=2000 at their
meeting on March 4, 1999; and,
WHEREAS, the Board approved as part of .these funds a
project titled "Roads in Jamestown Community (1604-046,N) for a
total project cost of $224,850, with $112,425 each from County
Contributions and Matching Revenue Sharing Funds from the Virginia
Department of Transportation; and
WHEREAS, the Isle of Wight County Six-Year Plan for
Secondary Roads for FY .2001-2006 approved on February 18, 2000 .
broke this community project -into specific road projects to include
Route 1602 (Washington Ave.), Route 1603 (Carver Road), Route
1604 (Pocahontas Ave.), Route 1610 (Lincoln Ave.}; Route 1611 (Taft
Ave.); and Route 617 (Council Ave.).
NOW, THEREFORE BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County, Virginia, that the Virginia
Department of Transportation is hereby requested to apply .the
Revenue. Sharing Funds allocated in FY 1999-2000 in the amount of
$224,850 ($112,425 each from the County Contributions and the
Virginia Department of Transportation) to .the above cited road
segments approved in the Six-Year Plan for FY 2001-2006.
BE IT FURTHER RESOLVED that the .County Administrator
is to convey copies of this. resolution to the Suffolk Resident Engineer
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and the Assistant Commissioner for Finance of the Virginia
Department of Transportation.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion,
Mr. Hartley distributed a letter dated June 15, 2000 from the
VDOT Resident Engineer addressed to Dr. Jane T. York, former
School Superintendent, .advising that VDOT is not approving the
installation of a traffic light at New Towne Haven Lane.
Supervisor MacManus moved the Board appeal the County's
request for a traffic light at New Towne Haven Lane to the Richmond
VDOT office and request that the County's. Delegates and Senators
become involved in this process. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the
motion. Supervisor Clark indicated. his willingness to facilitate this
effort.
Responding to Supervisor Bradby's request for striping of
Raynor Road, Chairman. Bradshaw recommended that Mr. Hartley and
Supervisor .Bradby meet with the Resident Engineer at the site to
further discuss the request for striping.
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Supervisor MacManus moved the Board amend the order of -the
agenda in order to hear the Community Development report.. The
motion was adopted unanimously (5-0).
Chairman Bradshaw called for the Community Development
report.
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Mr. Hartley advised the revisions to the Comprehensive .Plan
have been delayed until the end of the calendar year.
Chairman Bradshaw requested that Mr. Hartley provide a copy
to the newspapers for publication.
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At -7:00 p.m., Supervisor Bradby moved. the Board amend the
order of the .agenda in order to conduct the public ,hearings. The
motion was adopted unanimously (5-0).
Chairman Bradshaw called for a public hearing on the following:.
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A. The application. of Isle of Wight County for a Conditional Use
Permit to construct water improvements which include a
750,000 gallon elevated water tank, 150 feet in .height; two (2)
1.0 million gallons of water per day wells _and a water treatment
facility. Said. improvements are to be constructed on 5.4 acres of
land located on the south side of Carver Road (Route 1603) and
east side of Lee's Mill Road (Route 616) near its intersection in
Windsor Magisterial District.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the application.
Upon no one appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Claud moved. the Board approve the application of
Isle of Wight .County. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Chairman Bradshaw called fora .public hearing on the following:
B. The application of Norfolk Southern Railway Company fora ^
change in zoning classification on approximately 50 acres of
.land. from RAC to General Industrial. Said .property is located
off the south side- of Windsor Boulevard (Route 460), south of
the Norfolk Southern railroad, which is east of Antioch Road
(Route 657) and north of Blackwater Road (Route 603) in Hardy
Magisterial District. The purpose of the application if for a
facility to manufacture composite siding and decking material.
Mr. Hartley notified the Board that the applicant has requested
the application be withdrawn.
Supervisor Bradby moved the Board approve the request of the
applicant for withdrawal of the application. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
Chairman Bradshaw called for a public hearing on the following:
C. The application of George T. & Beriy J. Alphih, Trust to amend
-the Special Use Permit of the .Commonwealth Gin. .Said
properly is located at 25165 Buckhorn Drive, which is on the
east side of Buckhorn Drive (Route 610) north of Dunston Drive
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(Route 635) in Windsor Magisterial District. This amendment is
to allow permanent housing for seasonal employees.
Chairman Bradshaw called forcitizens to speak in favor of or in
opposition to the application.
Mr. Hartley stated the Planning Commission has unanimously
recommended approval of the application to the Board.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Claud moved the Board approve the application of
George T. & Betty J. Alphin, Trust. The motion .was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against. the
motion.
Chairman Bradshaw called for a public hearing on the following:
D. The application of Double J Rodeo Productions and Triple B
Rodeo Productions to hold a "bull riding event" on Friday, July
14, 2000 from 6:00.. p.m. -until 12:00 a.m. and on Saturday, July
15, 2000. from 6:00 p.m. until 12:00 a.m. on approximately 45
acres of land adjoining the Courthouse complex, which is
located on the west side of Courthouse Highway (Route 258) in
Hardy Magisterial District.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the application.
Mr. Hartley stated the Planning Commission has unanimously
recommended approval to the Board.
Shawn Blankenship, applicant, requested the Board's favorable
approval.
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Chairman Bradshaw closed .the public hearing and called for
comments from the Board.
Supervisor Claud moved the Board approve the application of
Double J Rodeo Productions and Triple B Rodeo Productions. The
motion was. adopted with Supervisors MacManus, Bradby, Bradshaw,
-Clark .and Claud voting in favor of the motion (5-0) and no
.Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
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E. The application of James W. Jones and American Tower/Triton
PCS for a Conditional Use Permit to construct a self supporting
tower 250 feet in height and install an equipment compound at
the base of the tower. The property is located on the north side
of Walters 'Highway (Route 258) across from 26531 Walters
Highway which is approximately one mile east of Bows and
Arrows Road (Route 641) in Windsor Magisterial District.
County Attorney Crook recommended the Board defer action
until it considers the amendment to the. tower provisions ordinance
which. is scheduled for public hearing later tonight.
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Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the application.
Glen Hampton, Attorney, McGuire, Woods, Battle & Booth,
spoke on behalf of the applicant noting the application fits the criteria
of the County's new ordinance amendment.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw moved the Board table consideration until
the end of the public hearings. The motion. was adopted unanimously
(5-0).
Chairman Bradshaw called for a public hearing on the following:
F. The application of Mark D. Matthews. for a Conditional Use
Permit to occupy a single wide mobile home. for two (2) years
while building a single family residence on 32 acres of land.
located on the north side of Joyners Bridge Road (Route 611)
between Holly Run Drive (Route 615) and Colosse Road (Route
641) in Windsor Magisterial District..
Chairman Bradshaw called for citizens to speak. in favor of or in
opposition to the. application.
Mark D. Matthews requested the Board approve his .application.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw moved the Board approve the application of
Mark D. Matthews. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion..
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-Chairman Bradshaw called for a public hearing on the following:
G. FY2001-2005 Capital Improvements Program
Mr. Hartley presented the Capital Improvements Program in the
amount of $7.3 million and $3.1 million in bonds.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Capital Improvements Program.
Terry Chong spoke in favor of the Parks and Recreation budget
noting a need. for a supervised area for kids to participate in
skateboarding and inline skating.
Sue Barton of Windsor spoke in support of funding. for a pool at
the YMCA in`Smithfield.
..Sally Crocker spoke in support of the Smithfield .Library
Association and the expansion plans for the Smithfield Library.
Bill Sizemore, Captain of the Windsor Volunteer Rescue Squad
and President of the Fire and Rescue Association, spoke in opposition
to certain itemsin the. Capital Improvements Program. He specifically
cited that the Fire and Rescue Association is in opposition to the
Carrsville Volunteer Fire Department's request for. a 100 foot aerial
ladder truck in the amount. of $750,000.
Chairman Bradshaw advised Mr: Sizemore that the Board will
be having a joint work session with the Fire and Rescue Association to
discuss the Capital Improvements Program.
John Springfield requested the Board's.: support of the YMCA
. expansion project.
Rosa Turner spoke in favor of the YMCA expansion project.
Mike Alexander of O'Meara Drive spoke in favor of the YMCA
expansion project.
Chairman Bradshaw closed .the public hearing and called for
comments fromthe Board.
Supervisor Claud moved the Board. table action until the Board's.
continued meeting on -July 6, 2000 meeting for further discussion on
the Capital Improvements .Program. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against. the.
.motion.
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Chairman Bradshaw called for a public hearing on the following:
H. An Ordinance to Amend Section. 3713 Communications
Antenna or Tower and Associated Sub-Station Provision of the.
Zoning Ordinance of Isle of Wight County..
County Attorney Crook .noted this .model ordinance is
recommended by he Virginia .Association of Counties. He stated
Attorney Hampton with McGuire Woods Battle & Booth
recommended changes, two of which havebeen incorporated in the
amendment. He stated Attorney Hampton's first suggestion was to
remove "a maximum height of 199 feet" and. add. "the removal of the
..structure to a depth of three (3) feet."
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Glen Hampton, Attorney with McQuire Woods Battle & Booth,
requested the Board further review the provision in Section 2023F on
Page 4 where it states "to permit collocation to towers s6a11
(mandatory) be designed and constructed to permit extensions." He
explained- there will be situations where there. is a need for a very short
tower because all of the users have used up all their capacity. He stated
his .request is that rather than "shall" that it be "may at the request of
the Board of Supervisors." He further suggested that in Section 2.lOD
on Page 8 where it states "existing trees within 200 feet of a tower shall
not be removed except as necessary for construction" that in the ,case of
large parcels the applicant, would be requesting a waiver in each
application. He further requested that in Section 2.11 on page 8 where
it states "the owners of towers shall (mandatory) provide the. County
co-location opportunity as a community benefit" he would suggest that
the County does not need space on every single tower in the County
and to ask the industry to set aside that as a mandatory condition could
make a tower owner deny someone who wants to rent. a space on the
tower because the owner has to keep that open to meet the County's
ordinance.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor MacManus suggested that "existing trees within 200
feet of the tower in the owner controlled land shall not be removed"
would resolve Attorney Hampton's concerns. He further suggested that
where it states "owners of towers shall provide the County co-location"
it could be "owners of towers shall provide the County right of first
refusal for co-location opportunities for space.
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Supervisor Claud. moved the Board table consideration of the
Ordinance, as well as the application of James W. Jones and American
Tower/Triton PCS for a Conditional .Use Permit, until "Old Business."
The motion was adopted .with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
I. An Ordinance to Amend: Chapter 14, Sewers and Sewage
Disposal, Article III, Connection Charges, Section. 14-20, to
Delete Reduced Connection Fees for Developer Installed
Residential .Systems .and Section 14-59, to Delete County
Participation in the. 1000 Feet Developer Installed Extension to
the County's Existing System.
County Attorney Crook stated the County's existing ordinance
contains a provision for existing single family residential services and
the proposed ordinance would delete the County's participation in
transmission and connection lines to new development.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Bob Berlucci, Carrollton Meadows Subdivision developer,
requested that where existing subdivisions are with recorded lots that
the same fee structure be continued for the balance of his thirty-eight
(38) lots.
Chairman Bradshaw closed the .public hearing and called for
comments from the Board.
Supervisor Clark agreed that existing subdivisions should not be
penalized because of the .hardship that this would place on .developers
who get. caught in the middle of a process but have already made
capital improvements.
Supervisor MacManus stated he agreed if the Board is
considering parcels of property that are under. contract as of today's
date.
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County. Attorney Crook stated there was a previous problem
with a water company in which Mr. Berlucci was in a position where
he could have gone with .the private water company or come to the
County and that he did agree to work with the County. County
Attorney Crook pointed out that Mr. Berlucci has worked with the
County in the past.
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Supervisor. Clark asked County Attorney Crook if it would be
easier to approve the Ordinance and grant a hardship exemption to a
developer who is adversely affected.
County Attorney Crook noted the Board could do this, but they
should anticipate other developers seeking similar relief. He noted if
the Board set a future time period to take effect, the County would be
inundated with developers paying far. ahead. of the time they would
normally pay which would benefit the County..
Chairman Bradshaw stated these developers are building
residences in the County and have a voluntary option to pay for the
capital expenditures they are bringing. He stated he has no sympathy
for developers who come and ask for relief because they are bringing
in citizens and they should .pay .their fair share and not ask for
exemptions.
Chairman Bradshaw moved the Board adopt the following
Ordinance, as presented:
AN ORDINANCE TO AMEND CHAPTER 14, SEWERS
AND SEWAGE DISPOSAL, ARTICLE III,. CONNECTION
CHARGES, SECTION 14-20, TO DELETE REDUCED CONNECTION
. FEES FOR DEVELOPER INSTALLED RESIDENTIAL SYSTEMS
AND .SECTION 14-59, TO DELETE COUNTY PARTICIPATION IN THE
1000 FEET DEVELOPER INSTALLED EXTENSION TO COUNTY'S
EXISTING SYSTEM -
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
adopted an Ordinance providing for sewers. and sewage disposal as Chapter 14 of
the Isle of Wight County Code regarding rates .and regulations on January 16,
1997, effective July 1, 1997, and
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
deems it to be in the best interest of the citizens of Isle of Wight County to delete
the reduced fees for connection. for new development and to require developers to
extend the County system to the proposed developments.
NOW, THEREFORE,. be it and it is hereby ordained by the Board of
Supervisors of Isle of Wight County, Virginia, that Chapter 14, Sewers and
Sewage Disposal, Article III, Connection Charges, Section 14-20, Charges
generally, subparagraphs (b) and (c) be amended to read as follows:
(b) When application-for service, including payment of fees, .for
existing: 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);
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Further, be it and it is hereby ordained by the Board of Supervisors of Isle of
Wight County, Virginia, that Chapter 14, Sewers and Sewage Disposal, Article
IX, Sewer Line Extensions and System Improvement, Section 14-59, be amended
to read as follows:
Seca 14-59. Same -When required.
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 sewer systems in the
development, and. to dedicate the systems to the. County. ~#e
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developer. will be required, at the discretion of the County, to extend
the County system, in ~ accordance with the Master. Plan to the
proposed development, or to provide dry sewers and local onsite
facilities (i.e. septic tanks, etc.), in compliance with all applicable
regulations, for the development. ,
. An
.agreement between the County and .the developer shall. state the
.improvements required. Requirements of developers for development,
not within Development Service Districts and other specifically
designated areas, regarding the provision of sewer facilities; will be
established by, and at the discretion of, the County.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshawcalled for a public hearing on the following:
J. An .Ordinance to Amend the Ordinance to Impose a Tax on the
Consumers of Utility Services. to Remove Therefrom Telegraph
and Telephone Companies.
County Attorney Crook stated the proposed Ordinance
amendment removes telecommunications services from the utilities'
tax ordinance. He requested that if the Board adopts this Ordinance
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amendment, that it be adopted effective November 1, 2000 because.
when the Board adopts the following ordinance, companies have four
(4) .months to comply with that Ordinance. from the time .they receive
notice of the adoption of it.
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 Claud. moved the Board adopt the following
Ordinance, effective November 1, 2000:
AN ORDINANCE TO AMEND THE ORDINANCE TO IMPOSE
A TAX ON THE CONSUMERS OF UTILITY SERVICES TO
REMOVE THEREFROM TELEGRAPH AND TELEPHONE COMPANIES
WHEREAS, the Board. of Supervisors of Isle of Wight County,
Virginia, adopted an Ordinance to impose a tax on the consumers of utility
services in the County of Isle of Wight on July 3, 1986, amended January
15, 1987; and
WHEREAS, the General Assembly by an act embodied entitled 58.1,
Chapter 38, Article 4, Section 58.1-3812 authorizes any county, city or town
to impose a tax on a taxable purchase by a consumer of local
telecommunication service if the consumer's service address is located ~in
such county, city, or town; and
WHEREAS, the. County of Isle of Wight is .adopting an Ordinance to
impose a tax on taxable purchases by consumers of local telecommunication
services. pursuant to Section 58.1-3812 and therefor by this Ordinance is
deleting local telephone service from the .Utility Tax Ordinance.
NOW, THEREFORE, be it and it is hereby ordained by the Board of
Supervisors of Isle of Wight County, Virginia that the Ordinance to impose
a tax on the consumers of utility service or services, Section 1, subparagraph
(b) defining utility service included under the Ordinance shall be amended
to read as follows:
(b) UTILITY SERVICE. The phrase "utility service" as used
in this Ordinance. shall include electric service and .gas service, t
furnished within the boundaries of the County of Isle. of Wight
including the incorporated Towns therein.
Section 6 is hereby repealed and deleted from said Ordinance.
15
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The motion, was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no
Supervisors voting against the motion.
Chainman Bradshaw called for a public hearing on the following;
K. An Ordinance to Impose A Tax on Taxable Purchases by.
Consumers of Local. Telecommunication Services.
County Attorney Crook stated. the proposed Ordinance expands
the .utility tax on telecommunications services to cellular phones at a
maximum .rate of $3.00 per month.
1
Chairman Bradshaw called for persons to speak in favor. of or in
opposition to the proposed Ordinance.
Chairman Bradshaw acknowledged a letter in opposition to the
proposed Ordinance dated June 12, 2000 addressed to him by Steven
G. Bowman.
Chairman Bradshaw closed the public hearing and .called for
comments from the Board.
Supervisor Claud -moved the Board adopt .the following
Ordinance:
AN ORDINANCE TO IMPOSE A TAX ON TAXABLE
PURCHASES BY CONSUMERS OF LOCAL
TELECOMMUNICATION SERVICES
WHEREAS, the General Assembly of Virginia by an act embodied in
Title 58.1, Chapter 38, Article 4, Section 58.1-3812 of the Code of Virginia,
authorizes any county, city or town to impose a tax on a taxablepurchase by
a consumer of local telecommunication service if-the consumer's service
address is located in such county, city or town; and
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it necessary to levy such a tax to produce general revenue.
NOW, THEREFORE, be it and it is hereby ordained by the Board of
Supervisors of Isle of Wight County, Virginia as follows:
Section 1. The following words and phrases when used in this.
Ordinance shall for the purpose of this Ordinance have the following
respective meanings, except where the context clearly indicates a different
meaning.
16
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(a) "A~liated group" shall have the same meaning ascribed to
it in subsection C 10 of Section 58.1-3703 of the Code of Virginia, as
amended, except, for purposes of this Ordinance, the word "entity"
shall be substituted. for the word "corporation" wherever it is used
herein..
(b) "Bad debts" means any portion of a debt related to a sale
of local. telecommunication services, the gross charges for which are
not otherwise deductible or excludable, that has become worthless or
uncollectible, as determined under applicable federal income tax
standards.. If the portion of the debt deemed to be bad is subsequently
paid, the service provider shall report and pay the tax on that portion
during the reporting period in which the payment is made.
(c) "Consumer" means a person who, individually or through
agents, employees, officers, representatives, or permittees, makes a
taxable purchase of local telecommunication services.
(d) "Enhanced services" means services that employ computer.
processing applications to act on the format,. code, or protocol or
similar aspects of the information transmitted; provide additional,
different, or restructured information; or involve interaction with
stored information.
(e) "Gross charges" means, subject to the exclusions of this
section,. the amount charged or paid for the taxable purchase of local
telecommunication services. However, "gross charges" shall not
include the following:
1. Charges or amounts paid that vary based on the distance
and/or elapsed transmission time of the communication. that are
separately stated on the consumer's bill or invoice.
2. Charges or amounts paid for customer equipment,
including such equipment that is leased or rented by the customer
from any source, if such charges or amounts paid are separately
identifiable from other amounts. charged.. or paid for the provision of
local telecommunication services on the service provider's books and
records.
3. Charges. or amounts paid for administrative services,
including, without limitation, service connection and reconnection,
late payments, and .roamer daily surcharges.
4. Charges or amounts paid for special features that are not
subject to taxation under the Internal Revenue Code, as .amended..
1
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5. Charges or amounts paid that. are (i) the tax imposed by
the Internal Revenue Code, as amended or (ii) any other tax or
surcharge imposed by statute, ordinance or regulatory authority.
1
6. Bad debts.
(f) "Local telecommunication service," subject to the exclusions
stated in this section, includes, without limitation, the two-way local
. transmission of messages through use of switched local telephone services;
telegraph services; teletypewriter; local cellular mobile radio
telecommunication services; specialized mobile radio; stationary two-way
radio; or any other form of two-way mobile and portable communications.
(g) "Local telephone service," subject to the exclusions stated in
this section, includes any service subject to federal. taxation as local
telephone service as that term is defined in Section 4252 of the Internal
Revenue Code of 1986, as amended, or any successor statute.
(h) "Mobile local telecommunication service" means any two-way
mobile or portable local telecommunication service, including cellular
mobile radio telecommunication service and specialized mobile radio.
1
(i) "Mobile service consumer" means a .person having a telephone
number for mobile local telecommunication service who has made a taxable
purchase of such service or on whose behalf another person has made a
taxable purchase of such service.
(j) "Mobile service provider" means .every person engaged in the
business of selling mobile local telecommunication services to consumers.
(k) "Residential consumer" shall not include any consumer of
mobile local telecommunication service.
(1) "Service address" means the location of the, telecommunication
equipment from which the telecommunication is originated or at which the
.telecommunication is received by a consumer. However, if the service
address is not a defined location, as in the case of mobile telephones,
maritime systems, air-to-ground systems and the like, service address shall
mean the location of the subscriber's primary use. of the telecommunication
equipment within the licensed service area. A mobile service provider may
obtain a signed statement from a consumer indicating which county, city or
town within the licensed service area is the location of the consumer's
primary use of the telecommunication equipment. A mobile service
provider shall be entitled to rely absolutely on a consumer's signed
statement and shall remit the taxes collected to -the county, city or town
identified by the consumer. In the absence of a signed statement by a
consumer, a mobile service provider shall identify the county, city or town
of the consumer's primary use and shall remit the tax to such county, city or
eoer~ 19.~:~??4
town based on any other reasonable method, including, without limitation,
the consumer's. billing address,. service address, or telephone number within
the licensed service area..
(rn) "Service provider" means every person engaged in the business
of selling local telecommunication services to consumers.
(n) "Taxable purchase" means .the acquisition of telecommunication
services for consumption or use; however, taxable. purchase does not include
(i) the provision of telecommunications among members of an affiliated
group of entities by a member of the group for their own exclusive use and
consumption and (ii) the purchase of telecommunications for resale in the
subsequent .provision of telecommunications, including, without limitation,
carrier access charges, right of access charges, and charges for use of
intercompany facilities; however, the acquisition of telecommunications by
a provider of enhanced services is not the purchase of telecommunications
for resale, even when the cost of the telecommunications is separately stated
to the purchaser of the enhanced services, as long as the primary object of
the purchase of the telecommunications by the provider is for the provision
of enhanced. services and not telecommunications. A person may make tax-
free purchases of telecommunications for resale if the person provides to the
service provider a sworn affidavit indicating that the person's purchases are
nontaxable sales for resale.
Section 2. There is hereby imposed and levied by the Board of
Supervisors of Isle of Wight County, Virginia, a tax at a rate of twenty
percent (20%) of the monthly gross charge to a consumer which shall not be
applicable to any amount so charged in excess of $15.00 per month fora
residential consumer. Notwithstanding the foregoing, the tax is imposed at
a rate often percent (10%) of the monthly. gross charge to a consumer of
mobile local telecommunication. and shall not be applicable to any amount
so charged in excess of $30.00 per month for each mobile service consumer. ,
Section 3. An exemption from the foregoing tax is hereby granted to
any public safety agency as defined in Section 58.1-3.813 of the Code of
Virginia.
Section 4. An exemption from the foregoing tax is hereby granted to
any Church or religious body entitled to an exemption pursuant to Article 4
(Section 58.1-3650 et. seq.) of Chapter 36 of Title 58.1 of the Code of
Virginia of 1950, as amended.
Section 5. A service provider of local telecommunication services
shall collect the tax from the consumer by adding the tax to the monthly
gross charge for such services. The tax shall, when collected, be stated as a
distinct item separate and apart from the monthly gross charge. Until the
consumer pays the tax to the service provider, the tax shall constitute a debt
of the consumer to the County of Isle of Wight. If any consumer refuses to
19
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pay the tax, the service provider shall notify the County of Isle of Wight.
After the consumer pays the tax to the service provider,. the taxes collected
shall be deemed to be held in trust by the service provider until remitted to
the County of Isle of Wight.
Section 6. The service provider shall remit monthly to the County of
Isle of Wight the amount of tax billed during the preceding. month to
consumers with a service address in the County of Isle of Wight less any
discount allowed under Section 58.1-3816.1. of the Code of Virginia. of
1950, as amended.
Section 7. The United States of America, the State of Virginia, and
the political subdivisions, boards, commissions, agencies and authorities
thereof, and all educational institutions are hereby exempted from the
payment of the tax imposed and levied by this Ordinance with respect to the
purchase of telecommunication services.
1
Section 8. Any consumer failing, refusing or neglecting to pay the tax
hereby imposed or levied and any seller violating: the provisions hereof, and
any officer, agent or employee or any seller violating the provisions hereof,
. shall upon conviction be subject to a fine of not more than.$1,000.00 and
imprisonment in jail for a period not to exceed thirty days. Each failure,
refusal, neglect or violation and each day°s continuation thereof, shall
constitute a separate offense.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
1/
Supervisor Clark moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
/f
Supervisor MacManus requested a status report -from Mr.
Hartley on the Hutchins/Hart properties regarding the proposed
violations to the Chesapeake Bay Preservation Area Ordinance.
Mr. Hartley advised Supervisor MacManus that he and the
County Attorney met to discuss communications received from Mrs.
Hart. He noted he is drafting a letter to the County Attorney
explaining what actions were taken in this regard. He noted staff has
been in contact with Mr. Hutchins: and are monitoring his property to
ensure compliance with the Chesapeake Bay Preservation Area
Ordinance.
20
Chairman Bradshaw called for Citizens Comments.
Nancy Quill of Rescue requested that one of the members of the
Isle of Wight County Citizens Association be appointed to the Citizens
Advisory Committee regarding revisions to the Comprehensive Plan.
She .further requested that all meetings be .advertised and the public
invited to attend.
Carl Hill of Yellow Rock Road .reiterated his concerns with the
present condition of the roadway.. Mr. Hill suggested that legal action
be taken against Mr. Keusal.
Ed Easter of Hideway Lane requested that the Board take
appropriate action to require the property seller on Macklesfield to
maintain the roadway on Yellow Rock Road and Hideaway Lane.
//
Supervisor MacManus moved .that the Board move "Old
Business" up to this point on the agenda. The motion was adopted
unanimously (5-0).
//
Chairman Bradshaw called for Old Business.
Chairman Bradshaw called for Old Business.
Chairman Bradshaw called for consideration of the following
two (2) items which were deferred to Old Business earlier in the
meeting.
H. An Ordinance to Amend Section 3713 Communications
Antenna or Tower and Associated Sub-Station Provision of the
Zoning Ordinance of Isle of Wight County.
County Attorney Crook stated on page 4, paragraph F, he has
revised. the Ordinance to reflect replacing the word "shall" with "may
be required by the County to be designed and constructed to permit
extensions." He further stated under Section 210D, he has revised the .
Ordinance to reflect replacing "existing trees within 200 feet of tower
shall not be removed except as may be authorized to permit
construction of the tower and installation of access for vehicle
utilities" to "existing trees with the lesser of 200 feet or the area
controlled by the applicant shall .not be removed except as may be
authorized to permit construction of .the tower and installation of
21
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access for .vehicle utilities." He stated. under Section 211, he has
revised the Ordinance to reflect "owners of towers shall provide the
County a right of first refusal for co-location opportunity."
Supervisor Claud "moved the Board adopt the following
ordinance, as amended:
AN ORDINANCE TO AMEND SECTION 3713.
COMMUNICATION ANTENNA OR TOWER AND
..ASSOCIATED SUB-STATION PROVISIONS OF THE ZONING
ORDINANCE OF ISLE OF WIGHT COUNTY.
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia that Section 3713. Communication
Antenna or Tower and Associated Sub-Station be amended to read as
follows:
ARTICLE 1-DEFINITIONS
1
1. Alternative tower structure. Man-made trees, clock towers, bell
.steeples, light poles .and similar alternative-design mounting structures
that camouflage or conceal the presence of antennas. or towers.
2. Antenna. Any apparatus designed for telephonic, data, radio, or
television communications through the sending .and/or receiving of
electromagnetic waves.
3. FAA. The Federal Aviation Administration.
4. FCC. The Federal Communications Commission.
5. Height. .When referring to a tower or other structure, the
distance. measured from ground level to the highest point on the tower
or other structure, even if the highest point is an antenna or lightning
rod.
6. Tower. Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-
supporting lattice towers, guy towers, or monopole towers. The term
includes radio. and .television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower
structures, and the like.
ARTICLE 2 -USE REGULATIONS
Section 2.00 TELECOIV~vIUNICATION
ANTENNAS
TOWERS AND
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The purpose of this ordinance is to establish general guidelines for
the siting of towers and antennas. The goals of this ordinance are to:
(i) encourage the location of towers in non-residential areas and
minimize the total number of towers and tower sites throughout the
community, (ii) encourage strongly the joint use of new and existing
tower sites, (iii) encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on the
community is minimal, (iv) encourage users of towers and antennas to
configure them in a way that minimizes the adverse visual impact of
the towers and antennas and (v) to provide adequate .sites for the
provision of telecommunication services with minimal negative
impact on the resources of the County.
This ordinance is intended to comply with all federal and- state
regulations.
2.01 Applicability.
2.01-1 District Height Limitations. The requirements set forth in this
ordinance shall govern .the location of towers that exceed, .and
antennas that are installed at greater than, fifty (50) feet in height.
2.01-2 Amateur Radio. and Receive-Only Antennas. This ordinance
shall not govern any tower, or the .installation of any antenna, that is
(1) under 50 feet in height and is owned and operated by a federally-
licensed amateur radio station operator or is (2) used exclusively for
receive only antennas for amateur radio station operation.
2.01-3 Existing Structures and Towers. The placement of an antenna
on or in an existing structure- such as a building, sign, light pole, water
tank, or .other free-standing structure or existing tower or pole shall be
permitted so long as the addition of said antenna shall not add more
than twenty (20) feet in height to said structure or tower and shall not
require additional lighting pursuant to FAA or other applicable
requirements. Such permitted use also may include. the placement of
additional buildings or other supporting equipment used in connection
with said antenna: so long as such building or equipment is placed
within the existing structure or property and is necessary for such use.
..2.02 General Guidelines and Requirements.
2.02-1 Principal or Accessory Use. For purposes of determining
compliance with area requirements, antennas and towers may be
considered either principal or accessory uses. An existing use or an
existing structure on the same lot shall not preclude the installation of
antennas. or towers on such lot. For purposes of determining whether
the installation- of a tower or antenna complies with district
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regulations, the dimensions of the entire lot shall control, even though
the antennas or towers may be located on leased area within such lots.
Towers that are constructed, and antennas that are installed, in
accordance with the provisions of this ordinance shalt not be deemed
to constitute the expansion of a nonconforming use or structure.
2.02-2 Inventory of Existing Sites.. Each applicant for an antenna and
or tower shall provide to .the .Department of Planning and Zoning an
inventory of its existing facilities that are either within the locality or
within five miles of the border thereof, including specific information
about the location, height, .and existing use and available capacity of
each tower. The Department of Planning and Zoning may share such
information with other applicants applying for approvals or special
user permits .under this ordinance or other organizations seeking to
locate antennas within the jurisdiction of the locality, .provided,
however that the ..Department of Planning and Zoning shall not, by
sharing such information, in any .way represent or warrant that .such
sites are available or suitable.
2.02-3 Design: Lighting. The requirements set forth in .this section
shall govern the location of all towers and the installation of all
antennas governed by this ordinance; provided, however, that the
Board of Supervisors may waive any of these requirements if it
determines that the goals of this ordinance are better served thereby.
a. Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color,. so
as to reduce visual obtrusiveness. Dish antennas will be of a neutral,
.non-reflective color with no logos.
b. At a facility site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
.screening, and landscaping that will blend the tower facilities to the
natural. setting and surrounding structures.
c. If an antenna is installed: on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely .compatible with, .the
color of the supporting structure so as to make the antenna and related..
equipment as visually unobtrusive as possible.
d. Towers shall not be artificially lighted, .unless required by the
FAA or other applicable authority. If lighting is required, the Board of
Supervisors may review the available lighting alternatives and approve
the design that would cause the least disturbance to the surrounding
views.
24
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e. No advertising of any type may be placed on .the tower or
accompanying. facility unless as part of retrofitting an existing sign
structure.
f. To permit co-location, the tower maybe required to be designed
and constructed to permit extensions.
2.03 Federal Requirements. A11 towers must meet or .exceed current
standards. and regulations of the FAA, the FCC, and any other agency
of the federal government with the authority to regulate towers -and
antennas.
2.04 Building. Codes. To ensure the structural integrity of towers, the
owner of a tower shall ensure that it is maintained in compliance with
standards contained in applicable federal, state and local building
codes and regulations.
2.05 Information Required. Each applicant requesting a special user
permit under this ordinance shall submit a scaled plan and a scaled
.elevation view and- other. supporting drawings, .calculations, and other
documentation, signed and .sealed by appropriate licensed.
professionals,. showing the location and dimensions of all
improvements, including information concerning topography, -radio
frequency coverage, tower height requirements, setbacks, drives,
parking, fencing, .landscaping and adjacent uses.. The County may
require other information to be necessary.. to assess compliance with
this ordinance.. Additionally, applicant. shall provide .actual
photographs of the site that include a simulated photographic image of
the proposed. tower. The photograph with the simulated image shall
include the foreground, the mdground, and the background of the site.
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2.05-1 An engineering report, certifying that the proposed tower is
compatible for co-location with a minimum of three (3) users
including the primary user, must be submitted by the. applicant. This
provision may be waived by a governing body in a particular case.
2.05-2 The applicant. shall provide adjoining property owner's names
and. addresses at least l4 days prior to .public hearings before the
Planning. Commission and Board of Supervisors to the County to be
used for notification.
2.05-3 The applicant shall provide copies of its co-location policy.
2.05-4 Thee applicant shall provide copies of propagation maps
demonstrating that antennas and sites for possible co-locator antennas
are no higher in elevation than necessary.
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2.06 Factors Considered in Granting Conditional Use Permits for New
Towers. The applicant shall obtain a conditional use permit from the
County of Isle of Wight before erecting towers or antennas. covered by
this article. The Board of Supervisors of Isle of Wight .County shall
.consider. the following factors in determining whether to issue a
consideration use permit, although the Board of Supervisors may
waive or reduce the burden on the applicant of one or more of these
criteria if the Board of .Supervisors concludes that the goals ofthis
ordinance are better served thereby.
a. Height of the proposed- tower;
b. Proximity of the tower to residential structures and residential
district boundaries;
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c. Nature of the uses of adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the. tower, with particular .reference to design
characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
g. Proposed ingress and egress;
h. Co-locationpolicy;.
i. Language of the lease agreement dealing with co-location;
j. Consistency with the comprehensive plan and the purposes to be
-served by zoning;
k. Availability of suitable existing towers and other structures as
discussed below; and
1. Proximity to commercial or private airports.
2.07 Availability of Suitable Existing Towers or Other Structures. No
new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the Board of Supervisors of Isle of Wight
County that no existing tower or structure can accommodate the
applicant's proposed antenna. Evidence submitted to demonstrate that
no existing tower or 'structure can accommodate the applicant's
proposed antenna may consist of any of the following:
26
a. No ~ existing towers or structures are located within the
geographic area required to ' meet applicant's ~ engineering
requirements.
b. Existing towers or structures are not. of sufficient height to meet
applicant's engineering requirements.
c. Existing towers or structures do not have sufficient structural
strength to support .applicant's proposed antenna and. related
equipment.
d. The applicant's proposed. antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or
the antenna. on the existing towers or structures would cause
interference withthe applicant's proposed antenna.
e. The fees, costs, or contractual .provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
-tower or structure. for sharing are .unreasonable.. Costs exceeding.
tower or structure for sharing are. unreasonable. Costs exceeding the
.cost of new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there .are other limiting factors
. that render existing towers and structures unsuitable.
2.08 Setbacks. The following setback requirements shall apply to all
towers and antennas for which a conditional use permit is required;
provided, however, that the Board of Supervisors of Isle of. Wight
County may reduce the standard setback requirements if the goals of
this ordinance would be better served thereby.
a. The tower .must be set back from any off-site .residential
structure no less than 400 feet.
b. Towers, guys and accessory facilities must satisfy the minimum
zoning district setback requirements for primary structures.
2.09 Security Fencing. Towers shall be enclosed by security fencing
not less than six (6) feet in height and shall also be equipped with an
appropriate anti-climbing. devise; provided, however, that the Board of
Supervisors of Isle of Wight County may waive such requirements, as
it deems appropriate.
2.10 Landscaping. The following requirements shall govern the
landscaping surrounding towers for which a conditional use permit is
required; provided, however, that the Board.. of Supervisors of Isle of
Wight County may waive such requirements if the goals of this
ordinance would be better served thereby.
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a. Tower facilities shall be .landscaped with a buffer of plant
materials that effectively screen the view, of the support buildings from
adjacent property. The standard buffer shall consist of a landscaped
strip at least four (4) feet wide outside the perimeter of the facilities.
b. In locations in which the Board of Supervisors of Isle of Wight
County finds that the visual impact of the tower would be minimal, the
landscaping requirement may be reduced or waived altogether.
c. Existing mature tree growth and natural landforms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, the. Board of Supervisors of
Isle of Wight County may determine the .natural growth around the
property perimeter may be sufficient buffer.
d. Existing trees within the lesser of 200 feet or the area controlled
by the applicant/owner shall not be removed .except as may be
authorized to permit construction of the tower and installation of
access .for vehicle utilities.
2.l I Local Government Access. Owners of towers shall provide the
County a right of first refusal.. for co-location opportunities as a
community benefit to improve. radio communication for County
departments and emergency services, provided it does not conflict
with the co-location requirement of 2.05-1.
2.12 Removal of Abandoned Antennas and Towers. Any antenna or
tower that is not operated for a continuous period. oftwenty-four
months shall be considered abandoned, and the owner of each such
antenna or tower shall remove same within ninety (90) days of receipt
of notice from the County notifying the owner of such removal
equipment requirement. Removal includes the removal of the tower,
-all tower and fence footers, underground cables and support buildings
to a minimum depth of three (3) feet. If there are two (2) or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower. At the discretion of the County, a
surety bond in a forma acceptable to the County Attorney may be
required to insure that the funds necessary for removal are available to
the County in the event the structure is abandoned.
2.13 Required Yearly Report. The owner of each such antenna or
tower shall submit a report to the Board of Supervisors of Isle of
.Wight County once a year, no later than July 1. The report shall state
the current user. status of the tower.
28
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2:14 Review Fees. Any .out of .pocket costs incurred for. review by a
licensed engineer of any of the above-required information. shall be
paid by the applicant.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
E. Application of James W. Jones and American
Tower/Triton PCS
Chairman Bradshaw moved the Board approve the application of
James W. Jones and American Tower/Triton PCS, subject to
compliance-with the newly adopted Ordinance as .amended (See Item
H). The motion was adopted. with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the. motion.
.Chairman Bradshaw called for the items listed on the regular
agenda under Old Business.
A. The application of Alice F. Owney, Elsie Stanley and Evelyn
Bryant for a change in zoning classification from RAC to Rural
Residential approximately 3.68 acres of land located on the
south side of Mill Swamp Road (Route 626) between Holly
Drive .and .Crook Lane in Hardy Magisterial District. The
purpose of the application is for asingle-family residential lot.
Chairman Bradshaw, noting that -the application was .tabled
because it fell under the one (1) mile radius of the Town of Smithfield,.
advised that the Town of Smithfield has responded it is currently
reviewing the application.
Supervisor Bradby moved the Board approve the application of
Alice F. Owney. The motion was adopted (3-2) with Supervisors
Bradby, Bradshaw and Claud voting in favor of the motion and
Supervisors MacManus and Clark votingagainst the motion.
B. An Ordinance to Amend the Isle of Wight County Zoning
Ordinance to Add the U.S. Army Corps of Engineers
Flood Study of the Blackwater River Dated February 2000
Under Part 3 -Flood Plain Management (FPM) District
Section 4301(a)(1).
Chairman Bradshaw recommended the Board table
consideration of the Ordinance until staff obtains additional
information.
29 1
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Supervisor MacManus recommended protecting the citizens
that incurred damage and are in the process of rebuilding their homes.
J
Supervisor Claud moved the Board direct staff, in conjunction
with the County Attorney, to draft up amendments to the Ordinance to
coven new construction and include grandfathering of pre-flood
structures. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw,- Clark and Claud .voting in favor of the motion (5-
0) and no Supervisors voting against the motion. Staff was further
requested to secure all required mapping from the Corps of Engineers,
as available.
C. .2000-2001 Isle of Wight County Operating Budget
Chairman Bradshaw read into the record a letter from Sheriff
Phelps publicly thanking the County's staff for their efforts to meet the
needs of the Sheriff's of~'ice. He read that the County Administrator
and.Director of Budget and Finance were willing to take the time to
explain the situations and problems being encountered in filling his
budgetary request. He concluded that a satisfactory .solution was
found to his budget request for the coming fiscal year.
1
Anne F. Seward, Director of Budget and Finance, requested the
Board adopt the 2000-2001 Operating Budget. in the amount of
$54,658,996 and the E-911 Operating Budget in the amount of
$1.80,200.
Supervisor Claud moved the Board adopt. the 2000-2001 Isle of
Wight County Operating Budget _in the amount of $54,658,996. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Claud further moved -that the Board adopt the E-911.
Budget in the amount of $180,200. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors .voting .against the
motion.
1
D. An Ordinance to Impose Tax Levies for Isle of Wight
County, Virginia for Fiscal Year July. 1, 2000 Through
June 30, 2001.
County Attorney Crook presented a revised Ordinance
reflecting. a change on page 2, paragraph 7, approved at the last
meeting, but not included in the current agenda. He noted that
beginning FY2000-2001 there is levied a tax of one-half (1/2) of one
(1%) percent on telephone and telegraph, water companies, heat, light
30
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and power companies approved for business in the County. He stated
the. proposed Ordinance sets the tax levies at the same rates as in the
past with the exception of the Farm Machinery Tax. which has. been
reduced to $.50 per $100 of assessed valuation.
.Supervisor MacManus moved the Board adopt the following
Ordinance:
AN .ORDINANCE TO IMPOSE TAX LEVIES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR. FISCAL
YEAR JULY 1, 2000 THROUGH JUNE 30, 2001
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
(1) That there is hereby levied for the fiscal year beginning July 1, 2000, a
tax of $0.72 per one hundred dollars of assessed valuation on all taxable real
estate, and all real and personal property of public service corporations in
accordance with Section 58-1..2606 of the Code of Virginia,. as amended;
(2) That there is hereby levied for the fiscal year beginning July 1, 2000,. a
tax of $0:95 per one hundred dollars of assessed valuation on machinery and
tools used in businesses as defined in Section 58.1-3507 of the Code of
Virginia, as amended;
(3) That there is hereby levied for the fiscal year beginning July 1, 2000, a
tax of $0.50 per one hundred dollars of assessed valuation on farm
machinery and implements as defined in Section 58.1-3505 of the Code of
Virginia, as amended;
(4) That there is hereby levied for the fiscal year beginning July 1, 2000, a
tax of $1.00 per one hundred dollars of assessed valuation on boats,
watercraft and aircraft as defined in Section 58.1-3506 of the Code of
Virginia, as amended;
(5) That there is hereby levied for the fiscal year beginning July 1,2000, a
tax of $0.32 per one hundred dollars of assessed valuation on watercraft,
including vessels and ships, weighing five tons or more, excluding privately
owned pleasure boats and watercraft used for recreational purposes only;
(6) That there is hereby levied for the fiscal year beginning July 1, 2000, a
tax of $4.40 per one hundred dollars as defined and classified in Section
58.1-3500, 58..1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3500,
58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of
Virginia, except that all household goods and personal effects as defined and
classified in Section 58.1-3504. are exempt from said levy;
31
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(7) That there is hereby levied for the fiscal year beginning July 1, 2000, a
tax of one-half of one percent on telephone and telegraph companies, water
companies, and heat, light and power companies accruing from sales to the
.ultimate consumer in the County of Isle. of Wight, Virginia pursuant to
Section 58.1-373.1 of the Code of Virginia, as amended, however, in the case
of telephone companies, charges for long distance telephone calls shall be
included in gross receipts for purposes of license taxation.
BE IT FURTHER ORDAINED AS. FOLLOWS:
(a) That all proceeds received from the fiscal year beginning July 1, 2000,
from the County general tax rate levies, from other local revenue, from
.Federal and State funds and supplements and from all other funds and
sources for general County functions and purposes, including public schools
and public welfare, be credited to the General Revenue Fund of this County,
and, when and if appropriated by the Board of Supervisors of this County,
shall be used for such functions and purposes and to defray the charges and
expense of said County and all necessary charges incident to or arising from
the execution of the lawful authorization of the Board of Supervisors- of this
County;
(b) That lumps um appropriations are hereby made on an annual basis for
the fiscal year beginning July 1, 2000, separate items, categories, functions.
and purposes as shown .and indicated in the budget adopted by the Board. of
Supervisors on the day of , 2000.
(c) That the county Administrator is hereby authorized to make all.
expenditures in payment of all lien items in said budget at any. time during
the fiscalyear in any amounts so long as amounts are not greater than the
amount available in the fund for such item or category and said County
Administrator is hereby authorized to make line item transfers within
categories and from category to category so long as said transfers of line
items are within said budget and do not exceed the funds available for such
purpose.
(d) That all encumbered funds which are earmarked for specific projects,.
which are not expended during the current fiscal year, will be carried over as
encumbered funds for said projects for the ensuing years unless aid
encumbrances are removed by action by the Board of Supervisors.
(e) That the Treasurer of Isle of Wight County is hereby authorized and
directed to transfer to the indicated appropriate "funds" in the aforesaid
Budget. estimates from the General Revenue Fund, from time to time, as
monies become available, sums equal to but not in excess of the
appropriation herein made to such "funds" for the. functions and purposes
therein indicated from the General Revenue Fund for the period covered by
this appropriation ordinance.
32
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(f j That the Treasurer of Isle of Wight County is hereby authorized to
honor and pay all warrants .and to pay out funds from the various "funds"
.indicated in said Budget estimates for any contemplated expenditure for
which funds have been made.available and appropriated for such
.contemplated expenditures.
(g) That this Ordinance be entered in the Minutes of this Board of k
Supervisors and that copies thereof certified by the Clerk of this Board, be
furnished the Treasurer of this County.
The motion was adopted with .Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
//
Supervisor MacManus moved. the Board return to the regular
order of the agenda. The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for the County Administrator's
report.
Richard O. Childress, Director of Emergency Management,
reported that the Windsor Volunteer Rescue Squad, beginning July 1,
2000, will, be working. two (2) people during the day and two (2) people
on assigned nights. Regarding American Tower, he made reference to a
letter from American Tower distributed to the Board members.
Concerning Commercial Radio, he stated he would be meeting next
week to discuss the County's proposed contract. County Attorney Crook
requested he be contacted concerning this matter. He further discussed
the anticipated cost of billing for service for EMS calls.. Regarding the
County obtaining its EMS license .from the State of Virginia, Mr.
Childress advised he has retained the services of Dr. Philip Levy to act
as the Operational Medical Director at no cost to the County for a period
of one. (1) year. Mr. Childress also distributed a copy of a recruiting
brochure for the volunteer fire and rescue agencies he has developed for
distribution throughout the County. He advised for the publication of
1,000. the cost is $1.22 or 10,000 at $.19 each.
k
Debbie J. Sivertson, Administrative Analyst, presented the
County's web site to the Board.
Supervisor MacManus recommended forwarding information
related to the County's web .site to NACo for appropriate County
recognition. Chairman Bradshaw. requested. Ms. Sivertson to provide the
Board with a visual presentation at its July 20, 2000 meeting.
33
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County Administrator Caskey requested the Board designate
Chairman Bradshaw as the County's delegate authorized to vote at the
NACo Annual Conference.
Supervisor Claud moved the Board designate Chairman Bradshaw
as the County's delegate authorized to vote at the NACo Annual
Conference. The motion was adopted with Supervisors Bradby,
Bradshaw, Clark and Claude voting in favor of the motion (4-0) and no
Supervisor voting against the motion. Supervisor Claud will serve as the
First Alternate. Supervisor MacManus was absent for the vote.
Donald- T. Robertson, Assistant to the County
Administrator/Director of Human Resources, notified the Board. that the
Governor's office has given State.employees an additional day off (July.
3, 2000) forthe July 4, 2000 holiday. Mr. Robertson reminded the Board
.that it took action at a previous meeting to follow the Govenor's
declaration of additional days off and. this is being provided for the
Board's information only.
County Administrator Caskey:. requested interested Board
members. contact his office so that registration could be made for the
VACo Annual Conference scheduled for November, 2000 at the
Homestead.
County Administrator .Caskey notified the Board of a "Business
After Hours" scheduled. for Wednesday, June 28, 2000, from 5:30 p.m.
unti17:00 p.m. at the Decorating Den Interiors.
//
Chairman Bradshaw called for New Business.
Regarding the matter of ..the Comprehensive Plan Advisory
Committee mentioned under Citizens Comments, Supervisor Clark
moved the Board direct Mr. Hartley to advertise all future meetings. of
the Comprehensive Plan Advisory Committee. The motion was
.adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
D
Responding. to Supervisor. MacManus' inquiry for a status
report on the Board's request that the Planning Commission begin
meeting in the evenings, Mr. Hartley advised the Board that the
Planning Commission members are desirous of continuing with their
present meeting time of 2:00 p.m. Supervisor MacManus requested
• Mr. Hartley to further monitor the attendance of the Commission
members.
34
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Responding to Supervisor MacManus' .request l~or a status
report on the Windsor Sewer project, County Attorney Crook advised
that he did not have a report available at this time, but would consult
with the Board on this issue at their first meeting in July.
Supervisor Clark requested Mr. Hartley provide him .with ,
photos of the mitigation measures at the Norsworthy tract.
Chairman .Bradshaw .brought up the issue of compensation for
the Planning Commission. He noted these members spent a great deal
of time in the interest of the County and -that they receive only. $50 per
month.
Chairman Bradshaw moved the Board direct Mr. Robertson to
poll neighboring localities to determine the amount of compensation
provided to Planning Commission members and that this information
be provided to the Board. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (S-0) and no Supervisor voting. against. the motion.
Supervisor Bradby inquired about an emergency response plan
should an emergency occur within the County.
Chairman Bradshaw noted the Disaster Recovery Team will
being presenting a plan to the Board upon finalization of the plan.
//
Chairman Bradshaw called for Appointments.
Supervisor Clark moved the Board appoint Fred Glanville to the
Economic Development Committee, replacing Robert Kenerley. .The
motion was adopted unanimously (5-0).
Supervisor Claud moved the Board appoint Larry Willis,
replacing Delvin Brown, on the Isle of Wight Substance Abuse Advisory
Council. The motion was adopted unanimously (5-0).
Chairman. Bradshaw moved the Board appoint Arthur B.
Nichols, III to the Youth .Services Advisory- Board as the "Under 18"
..member. The motion was adopted unanimously (5-0).
Chairman Bradshaw moved the Board appoint Brandi W. Little
to the Youth Services Advisory Board as the "Under 18" member. The
motion was adopted unanimously (5-0).
//
35
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,:
ao~h 1~ :~:~-?~?l
Chairman Bradshaw called for the County Attorney's report.
1
County Attorney Crook stated pursuant to the direction of the
Board he has prepared an amendment to the Sewer Ordinance that would
add commercial, industrial and residential under. the .one-third (1/3)
discount for connection. within ninety (90) days. He further presented
amendments to paragraphs E, F, G, H, I and J which are the same
provisions in the Sewer Ordinance that are in the Water Ordinance.
Supervisor Claud. moved the Board authorize -the County
Attorney to advertise the amendments for public hearing at the July 20,
2000 meeting. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0)
and no Supervisors voting against the motion.
.County Attorney Crook stated the Director of Public Utilities
provided him with an agreement with the Virginia. Department of
Transportation that provides for a relocation of water lines at the Bethel
Heights Subdivision (Route 620). He requested the Board authorize the
Chairman to sign the Agreement on behalf of the County.
Supervisor Bradby moved the Board authorize the Chairman to
sign the Agreement on behalf of the County. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw,. Clark and- Claud voting
in favor of the motion (5-0) and no Supervisors .voting against the
motion.
County Attorney Crook .stated pursuant to the Board's direction
he has revised the guidelines for citizen's comments. He requested the
Board members forward their .individual comments to him for
incorporation.
County Attorney Crook advised that he has talked with the
Town Attorney of Smithfield and they will further discuss the matter
concerning the Real Smithfield Jaycees and the renewal of the
Conditional Use Permit and the requirement of the Town of Smithfield
to make improvements:
County Attorney Crook requested he be provided with
information on Senate Bill 655 for inclusion in the Economic Interest
Declaration Policy.
//
County Attorney Crook requested a closed session under Section
2.1-344 A7 concerning advice of counsel on legal matters requiring
" advice of counsel; under. Section 2.1-344 A3 concerning two (2)
36
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matters dealing with land acquisition where public disclosure could
adversely affect the negotiations.
Chairman Bradshaw requested a closed session under Section
2.1.344 Al concerning two (2) personnel matters and under Section
2.1-344 A7 concerning two (2) matters concerning advice of counsel.
on contractual negotiations..
Supervisor Claud moved the Board enter closed session for the
reasons stated. The motion was. adopted with Supervisors MacManus
,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-
0) and. no Supervisors voting against the motion.
Upon returning to open session, Supervisor .Claud .moved the
Board adopt the following resolution:
CERTIFICATION OF CLOSED .MEETING
WHEREAS, the Board of Supervisors has.. convened a closed
meeting on this date pursuant to an affirmative recorded vote and in
accordance with .the provisions of the Virginia Freedom of Information
Act; and,
WHEREAS, 2.1-344.1 A of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity. with Virginia law;
NOW, THEREFORE, BE TT RESOLVED that the Board of
Supervisors hereby certifies that, to the best of each member's
knowledge, (i) only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the closed
meeting to which this certification resolution applies, and (ii) only such
public business matters as were: identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of
Supervisors.
VOTE
AYES: (MacManus, Bradby, Bradshaw, Clark and Claud) i
NAYS: 0 ~ ® II
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
37
'.The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors. voting.against the motion.
//
At 11:00 p.m., Supervisor MacManus moved the Board continue
its meeting until June 29, 2000 at 7:00 p.m. in the Demonstration
Building located in the Social Services Building for the purpose of
meeting with the Fire and Rescue Association. The motion was adopted
unanimously. (5-0).
hi. p A. Bradshaw, Chairman
W. Doug key, Cler
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