02-13-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRTEENTH DAY OF FEBRUARY IN THE
YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice - Chairman
James B. Brown, Jr. (Arrived at 4:05 p.m.)
Thomas J. Wright, III
Phillip A. Bradshaw
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
E. Wayne Rountree, P.E., Assistant County
Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Ivy called the meeting to order at 4:00 p.m.
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Supervisor Bradshaw delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Ivy called for Approval of the Agenda.
Supervisor Wright moved that the agenda be approved as presented.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting
against the motion; and Supervisor Brown absent for the vote.
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Supervisor Brown arrived at the meeting at 4:05 p.m.
Chairman Ivy called for Special Presentations /Appearances,
Mr. J. C. Jenkins was formally presented a Resolution of Appreciation,
which was adopted by the Board at its January 16, 2007 meeting, in
recognition of his many years of service on the Isle of Wight Planning
Commission and the Board of Zoning Appeals.
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Mr. Robert C. Claud, Sr. was formally presented a ceremonial plaque
designating the Board Room as the "Robert C. Claud, Sr. Board Room" in
recognition of his 24 years of dedicated service to the citizens of the Isle of
Wight County on the Board of Supervisors and the Windsor Town Council.
Supervisor Wright notified the Board that the School Superintendent
has agreed to make quarterly presentations to the Board in an effort to
improve communication between the school system and the Board of
Supervisors. He noted that such briefings would also assist staff with budget
planning.
Michael W. McPherson, Superintendent of Schools, addressed the
Board regarding the County's graduation rate, which is currently at 84 %. He
noted the Four - Year -Old program has increased this year through a
cooperative effort with Western Tidewater. He stated Test Coordinator
positions for the Smithfield and Windsor High Schools are being hired to
address testing duties associated with SOLs. He stated efforts continue
between the schools and the Sheriff's Department with respect to increased
student safety and staff is currently developing a plan to address the
Pandemic Flu. He noted that the school system continues to participate in the
Governor's School for the Arts, Math and Science in conjunction with Paul
D. Pruden and Tidewater Community Colleges. He stated 60% of the
recommendations offered during a review by the State have been
implemented. He noted that moving all administrative offices to a central
location has increased the school system's efficiency greatly. He advised a
Memorandum of Understanding with respect to shared technology with the
County has been approved by the School Board. He stated that he hopes to
address some of the critical shortage areas this year with respect to salary
scales. He advised that an Athletic Director has been hired to work at
Windsor High School. He noted that two (2) national board certified teachers
have signed contracts with the school system and a $125 per teacher
reimbursement has been implemented for supplies bought out -of- pocket. He
stated the elementary schools have been outfitted with infrastructure as
required by the State for on -line testing of SOLs. He stated Voice Over IP
phones have been implemented at the educational annex and staff is moving
forward to correct the phone problems at some of the schools. He stated that
the school system continues to struggle with its Munis system and he
continues to review any large item purchases in order to ensure that school
department budgets are not overspent. He stated the fiscal year was closed
with no findings from outside auditors. He stated that due to complaints
from parents last year, the transportation schedule was revised for Westside
Elementary School. He stated the training program is still being
implemented to recertify 20 bus drivers per year and attempts are being made
to hire substitute drivers to address some of the transportation issues dealing
with athletics. He stated breakfast participation has increased by 3% and
lunch participation by 5% and both continue to be self - sustaining programs.
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Kevin Duck, Chairman of the School Board, advised that the School
Board continues to strive to develop methods to ensure that it does not
financially overextend itself while still providing a quality education for the
County's children. He stated that School Board members lobby members of
the General Assembly regarding shortfalls in funding and the National
School Board Association is enacting changes in the current law relative to
No Child Left Behind issues.
Steve Jenkins, Finance Director, stated that this year's budget was
approved in the amount of $57,422,000 and includes a $103,000 budget
amendment which allows the rollover or liquidation of purchase orders
outstanding at the end of June. He stated current available funds are in the
amount of $5,272,000.
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Chairman Ivy called for a work session by the Board.
E. Wayne Rountree, P.E., Assistant County Administrator, addressed
the issue of the final draft Master Water and Sewer Plan as submitted by R.
Stewart Royer and Associates and which was last updated in 1992. He noted
that while the Plan primarily concentrates on utility extensions within the
Development Service Districts, it also addresses some of the needs of the
County -owned community water systems outside of those Districts. He
advised the Town of Windsor's requests for modifications have been
incorporated, as well as the Town of Smithfield's.
Ryan Bogese, R. Steward Royer and Associates, advised that the draft
Master Water and Sewer Plan is divided into three (3) growth districts and
discusses the proposed needs of the community water systems owned by the
County. He stated population projections over the next ten (10) to fifteen
(15) years indicate that the Newport District will need a 1.3 million gallon
water storage tank in the Benn's Church area to address usage and fire
protection and that the County will need to negotiate with the Western
Tidewater Water Authority (WTWA) to obtain any needed additional water.
Sewer utilities, which are currently provided by the Hampton Roads
Sanitation District (HRSD), are capable of supplying the Newport District
with long -term wastewater needs, however, communities with failing septic
systems will need to be addressed on a case -by -case basis. Forty -five (45)
new homes per year are anticipated in the Newport Development District, of
which one -half will be located in the Town of Smithfield, now currently
served by its own water system. The proposed intermodal park, southeast of
the Town of Windsor, will place a significant amount of water and sewer
demand on the Newport District and, therefore, it is recommended that the
County tie its water into the WTWA in the City of Suffolk. Plans are
currently being developed for a well and R4 treatment system at the existing
elevated tank site in the Camptown Service District to address its needed
water capacity over the next ten (10) years. The County's existing agreement
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with the City of Franklin does address sewer service needs in the Camptown
Development District over the next ten (10) years and future sewer service
needs will need to be negotiated with the City of Franklin or HRSD, he
stated.
Mr. Rountree noted that the Hampton Roads Sanitation District is
currently conducting a feasibility study on the Franklin system.
Supervisor Bradshaw requested Mr. Rountree set up a meeting with
Mr. Gardy, to include Mr. Al Moore, from the City of Suffolk.
Supervisor Clark moved that the Board direct staff to provide copies of
the Master Water and Sewer Plan to the Planning Commission members for
review. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Mr. Rountree distributed copies of the original Master Plan for the Joel
C. Bradshaw Fairgrounds; a design and construction schedule beginning at
the end of February, 2007 and terminating construction in the Spring of 2008
which will allow for grass planting, a summer of grow -in and a good stand of
grass by the Fair scheduled in the Fall of 2008; a detailed budget estimate for
the entire project, which includes the portion being performed today in
accordance with the Master Plan in an amount of $2.7 million; and a
narrative of what is proposed inside the thirty -five (35) acre fenced -in site.
Scott Courtney, Resource International, discussed the proposed work
and associated costs for the Fairgrounds with the Board. The work, which
will consist primarily of grading will allow water to flow into inlets and be
piped away from the site. He noted that Numbers 1, b and 7 have already
been completed under Item 1. 1, Site Preparation and Demolition.
Patrick J. Small, Assistant County Administrator, advised the Board
that staff's primary focus for the remainder of this fiscal year and beginning
July 1, 2007 will be the Fairgrounds. Next year's capital planning process
will begin in September of 2007 and staff will provide a capital plan to the
Board for the entire Fairground and park area that will incorporate the
buildings, trails and baseball fields.
Supervisor Bradshaw requested that Mr. Small take the appropriate
measures to ensure that tram service is well advertised during the Fair.
Messrs. Rountree and Small were authorized to proceed with the
engineering work and to return to the Board with a plan in March, 2007 to
finance the $2.7 million project.
Supervisor Bradshaw requested Planning and Zoning staff to correct
the Executive Summary in the Robert T. Jones application, which will be
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considered under Public Hearings later in the meeting, to reflect that the
application is located in the Carrsville Election District. He did note that the
application had been correctly advertised for public hearing in the
newspapers.
Supervisor Bradshaw requested that the condition listed in the Pulaski
Baptist Church Trustees application, which is scheduled for public hearing
later in the meeting, of no burial plots being located closer than 100 feet from
a drinking water well in order to address the comments made by the Health
Department and the existing trees within the 25 -foot setback area adjacent to
all property lines shown on the site sketch submitted with the application
shall be preserved to the greatest extent possible and that limited tree removal
will be allowed for a vehicular access road, be removed by staff.
Kari L. Sletten, Director of Information Technology, updated the Board
on the recent installation of the video presentation equipment in the Board
Room. Zoning information has been updated and is now being provided on-
line. She requested the Board to provide her with their individual preferences
relative to the Board of Supervisors' section on the County's website.
Chairman Ivy recommended that Ms. Sletten poll the individual Board
members on Item (D) to determine how detailed each member would like
their portion on the web site to be.
Supervisor Bradshaw requested Ms. Sletten to poll the Board members
and return with a recommendation for implementation.
Gina R. Ippolitto, Assistant Director of Parks and Recreation, briefed
the Board relative to recent renovations at the skating rink, which is proposed
to reopen to the public on the weekend of March 17, 2007. A County
employee family night is proposed for March 10 followed by an official
dedication of the facility that will include representatives of Southampton
County and the City of Franklin. Large vending machines are proposed
temporarily and the pro shop will not be open. The internal skate
maintenance shop will be open due to a donation from the Camp Foundation.
Skating rink staff are anticipated to begin next week. Ms. Ippolitto advised
that she would be returning to the Board in the next thirty (30) days with a
proposed cost for carpet replacement and installation of a safety wall along
the exterior of the rink.
Supervisor Wright reiterated his previous request to staff for operating
costs associated with Nike Park and the skating rink.
Mr. Small offered to research the matter and report back to the Board.
Supervisor Bradshaw requested that Mr. Small also research the
reasoning behind why Nike Park is a separate operating entity than other
parks in the County.
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Supervisor Clark requested that Ms. Ippolitto review the ballfield
complex at the proposed Benns Church complex and provide him with her
recommendations.
Supervisor Bradshaw suggested that Ms. Ippolitto could seek donations
from the Franklin/Southampton Charities relative to the concept of a regional
skateboard park and that she apply for grants relative to the relocation of the
outdoor skating park to the County's facility.
Chairman Ivy requested that Assistant County Administrator Small
provide a timeline to the Board by its March 1, 2007 meeting relative to the
reopening of the Isle of Wight Museum.
Richard 4. Childress, Director of Emergency Services, advised the
Board that only one (1) bid was received from Tidewater Energy Services as
a result of the Invitation for Bid that was solicited for the Generator Lease
Program.
Supervisor Clark moved that the Board authorize staff to move forward
with a Notice of Intent to Award for the Generator Lease Program to
Tidewater Energy Services. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Childress addressed EMS billing and noted that included in the
agenda for the Board's review is a draft newsletter for distribution to County
citizens. He advised that he had also tasked the billing provider with
providing staff with pertinent information relative to the amount of
collections, which are currently averaging 58% monthly. He further advised
that receivables in the amount of $560,000 were deposited by the County last
year.
Mr. Childress addressed the Facilities Master Plan and advised that the
consultant retained by the County is currently compiling data and anticipates
forwarding a report to staff within the next forty-five (45) days.
Chairman Ivy requested that Mr. Childress follow -up with the Fire
Chiefs relative to how they feel about their individual interviews so that their
comments can be sent to the consultant before a report is developed.
Chairman Ivy requested Mr. Childress advise the Fire and Rescue
Association members, at their next meeting, that the Board would like to
have ajoint meeting.
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Supervisor Clark moved the Board take a recess. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Clark moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
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Leslie Taber, Department of Economic Development, requested the
Board's consideration of a Resolution of the Board of Supervisors of the
County of Isle of Wight Authorizing the Issuance of Up to $7,000,000
Revenue Bonds for the Benefit of International Paper Company for which
$3.5 million will be used for the installation and construction of a sewage and
solid waste disposal facilities at International Paper. She advised there would
be no liability to the County as a result of the approval of the bonds.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ISLE OF WIGHT
AUTHORIZING THE ISSUANCE OF UP TO $7,000,000
REVENUE BONDS FOR THE BENEFIT OF
INTERNATIONAL PAPER COMPANY
WHEREAS, the Industrial Development Authority of the County of
Isle of Wight (the "Authority "), has considered the application of
International Paper Company (the "Company ") requesting the issuance of the
Authority's revenue bonds in an amount not to exceed $7,000,000 (the
"Bonds ") to assist in the financing of the Company's acquisition, installation,
construction and equipping of certain sewage and solid waste disposal
facilities at the Company's paper mill (the "Mill ") in the County of Isle of
Wight, Virginia, as described in Exhibit A attached hereto (the "Project ")
located at 34040 Union Camp Drive, Franklin, Virginia 23851, in the County
of Isle of Wight, Virginia, and has held a public hearing on January 30, 2007;
WHEREAS, Section 147(t) of the Internal Revenue Code of 1986, as
amended (the "Code "), provides that the governmental unit having
jurisdiction over the issuer of private activity bonds and over the area in
which any facility financed with the proceeds of private activity bonds is
located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of
Isle of Wight, Virginia (the "County "); the Project is located in the County
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and the Board of Supervisors of the County of Isle of Wight, Virginia (the
"Board ") constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve
the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to the terms to be agreed upon, a certificate of
the public hearing and a Fiscal Impact Statement have been filed with the
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority
for the benefit of the Company, as required by Section 147(f) of the Code and
Section 15.2 -4906 of the Code of Virginia of 1950, as amended (the
"Virginia Code ") to permit the Authority to assist in the financing of the
Proj ect.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness
of the Project or the Company.
3. Pursuant to the limitations contained in the Temporary Income
Tax Regulations Section 5f. 1 03- 2(f)(1), this resolution shall remain in effect
for a period of one year from the date of its adoption.
4. The Board directs the County Administrator to request an
allocation of the State Ceiling (as defined in Section 15.2 -4500 of the Code
of Virginia of 1950, as amended) in accordance with the applicable
provisions of the Code of Virginia of 1950, as amended, and any regulations
or executive orders issued hereunder.
5. This resolution shall take effect immediately upon its adoption.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Ivy called for Regional reports.
At the most recent meeting of the Mayors and Chairs, Chairman Ivy
reported that Hampton Roads and northern Virginia proposed the creation of
a regional transportation authority and the General Assembly is proposing to
include an "opt out" provision for localities in the region.
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Regarding the Virginia Workforce Readiness effort, Chairman Ivy
reported that a representative from the Virginia Beach City Schools discussed
its plans for workplace readiness and a copy of the report is to be made
available to all school systems.
Regarding the South Hampton Roads Regional Taskforce effort,
Chairman Ivy advised that he had signed a letter of support for the South
Hampton Roads Regional Taskforce to End Homelessness.
Chairman Ivy reported that military bases were discussed at the most
recent meeting of the Hampton Roads Military and Federal Facilities
Alliance. The lobbying firm hired is doing an excellent job and consideration
is being given to expanding the focus to include future economic
development in the form of unmanned aerial devices for military and civilian
use.
Supervisor Brown reported that at its most recent meeting, SPSA was
dedicated to developing strategies to retire the $250,000,000 long -term debt
by 2018. The tipping fee increased from $57 per ton to $75 per ton, effective
January 1, 2007, is subject to increase to $100 per ton by July 1, 2007. He
concluded that there would be a question and answer period on SPSA
operations on March 8, 2007 at Smithfield High School.
Chairman Ivy requested that Mrs. Storm remove the International Paper
Advisory Council from the Regional Reports page.
Supervisor Clark reported that lobbyists and legislators had briefed
those gathered at the meeting of the Coalition of High Growth Communities
on proposed legislation and that Mr. Robertson track such legislation as it
proceeds through the General Assembly.
Supervisor Bradshaw reported on the dinner meeting with the
legislative delegation following VACo/VML Legislative Day. He advised
that VACoNML did not support the compromise agreement on the
transportation bills.
Supervisor Bradshaw advised that he would be hosting a VACo
regional dinner meeting and conducting a post - legislative session on
Thursday, March 29, 2007 at 6:00 p.m. at the Wakefield 4 -H Center.
Members of the County's General Assembly have been invited and the Board
should anticipate receiving an invitation in the mail. Chairman Ivy was
requested to be prepared to speak.
Supervisor Bradshaw reported that Chairman Ivy had attended the
Chairmen's Institute for VACo and that he and Supervisor Wright have
completed the County Supervisor Certification course.
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Supervisor Bradshaw moved that the Board take up the Blackwater
Regional Library contract at this point in the agenda. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Interim County Attorney Burton presented for the Board's
consideration the Blackwater Regional Library contract between the Board
and other participating localities which provides for an increase in County
representation on the Board of Trustees from three (3) to six (b)
representatives and a cost - sharing formula based upon circulation and
population.
June Fleming, Blackwater Regional Library Board of Directors,
acknowledged County staff's work during the development of the contract
and advised that it would be presented to all participating localities this
month.
Supervisor Clark moved that the Board authorize the Chairman to
execute the Blackwater Regional Library contract on behalf of the Board,
effective July 1, 2007. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw recommended that the representation consist of
one (1) member from each district and one (1) at -large member.
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Supervisor Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman Ivy called for Transportation Matters.
Sandon S. Rogers, Transportation Planner, advised the Board that it
was suggested at a meeting recently held by VDOT that a program be
developed whereby one (1) month a year is designated as clean -up month of
outfall ditches by citizens. Storms and drainage problems over the last ten
(10) years was discussed and it was noted that maintenance of outfall ditches
is the responsibility of both the County and its citizens.
Supervisor Clark commented that VDOT's responsibility is to maintain
that department's right -of -ways and any outfall ditches that might
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compromise the State's roadways and he concurred that ditches outside of
that right -of -way are the responsibility of the County and its citizen's.
Supervisor Clark moved that the Board direct staff to investigate how
the problems associated with storms, i.e., low -lying areas inundated with
water which were not several years ago, can be addressed in the future, with
respect to equipment and manpower. Staff is also directed to contact
surrounding counties to inquire if they wish to form an authority to purchase
equipment. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Brown advised of the need to mediate the damage at the
corner of Route 10 and Blounts Corner that has occurred as a result of an
erosion problem.
Mr. Rogers advised, responsive to Supervisor Bradshaw's request, he
had set up a meeting with VDOT officials to visit the site in Walters that is
draining poorly.
Supervisor Clark moved that the Board direct staff to contact
Congressman Forbes' office to find out the status of the Federal money
relative to the warning devices for the James River Bridge designed to
reroute motorists during emergencies. If it has already been passed down,
staff is to contact the State to find out why Mr. Dangerfield does not have it
and why he can not go forward. Once the money is passed down, he is to be
advised the priority for which they will do the work on the James River
Bridge or whether we are in line behind a bunch of other projects. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
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Chairman Ivy called for Citizens Comments.
Betty Pulley, Chairman of the Events Committee, requested Catherine
C. Barlow be appointed by the Board to replace Kimberly Graham,
representing the Hardy District. She further requested $3,000 be budgeted
for the Events Committee for next fiscal year.
Anthony Cummings of 102 Adams Court requested that the County's
website contain a section where citizens can e-mail their cable complaints to
Charter Communications.
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the regular
order of the agenda in order to conduct the public hearings. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
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Chairman Ivy called for a public hearing on the sale of real property
(Former Carrsville Volunteer Fire Station).
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed property.
Interim County Attorney Burton certified that the matter had been duly
advertised.
Ms. Taber stated pursuant to the expressed interest of a local business
in the purchase of the former Carrsville Volunteer Fire Station for
revitalization of the property for commercial use, the Department of
Economic Development is requesting the sale of the property to the Industrial
Development Authority for future sale to a qualified buyer.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved that the Board approve the sale to the
Industrial Development Authority and authorize the Chairman to execute the
appropriate documents. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Ivy called for a public hearing on an Ordinance to Amend
the following sections of Appendix B. Zoning, of the Isle of Wight County
Code: Section 1- 1015.F.4 (Fiscal Impact Analysis); Suburban Residential
District, Section 4- 7005.D.I (Side Yard Setback); Highway Corridor Overlay
District Requirements, Sections 6- 1006.13, 6- 1006.0 and 6- 1007.A.7
(Minimum Visual Buffer), Section 6- 1008.A (Yard Requirements; Newport
Development Service Overlay District Requirements, Sections 6- 2005.D and
6- 2006.A.7 (Minimum Visual Buffer), Section 6- 2007.A (Yard
Requirements), Section 6- 2009.G.1 (Vehicular Parking Areas); Historic
Overlay District, Section 6 -3001 (Purpose); Flood Plain Management
Overlay District, Section 6- 4006.B.3 (Use Regulations); Development
Review, Section 7- 2003.A (Simplified Site Plan); and Signs, Sections 9-
1004.A.1.b and 9- 1004.A.1.d (Temporary Signs), Section 9- 1004.D.1 and 9-
1004.D.5 (Special Event Signs).
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Beverly H. Walkup, Director of Planning and Zoning, noted that the
proposed amendments are the first in a series to the Zoning Ordinance that
will provide for proper administration and clarification of the Ordinance.
Interim County Attorney Burton certified that the Ordinance had been
duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed amendments.
No one spoke in favor or in opposition to the amendments.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved that the Board approve the following
amendments to the Zoning Ordinance:
AN ORDINANCE TO AMEND
Appendix B. Zoning, of the Isle of Wight County Code
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix B., Zoning, of the Isle of Wight County
Code be amended as follows:
1 -1015 Amendments
F. Community Impact Statement
A. Community Impact Statement shall address the
following:
Fiscal impact analysis of the proposed development
on the County prepared by the applicant to be
reviewed and approved by the Zoning Administrator.
The analysis shall contain a comparison of the public
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revenues anticipated to be generated by the
development and the anticipated capital, operations,
maintenance and replacement costs for public
facilities needed to service the project at the adopted
County service standards. The County shall consider
the information provided by the applicant during the
development review process; provided however, that
the fiscal impact analysis shall not serve as the sole
basis for the approval or disapproval of an individual
development proposal unless the health and safety of
the community is affected by the inability to provide
transportation, fire, police, emergency equipment and
services, sewer or water to the proposed
development.
4 -7005 Bulk Regulations for Lots Recorded After July 1, 1997
D. Minimum side yard setback:
1. One side: 12 feet
2. Both sides: 24 feet
6 -1006 Minimum Visual Buffer along the Corridor Right -of -Way
B. Except in the RAC zoning district, no existing vegetation
of any type, size, or origin shall be altered or removed
within the minimum visual buffer unless it satisfies the
requirements of Section 6 -1007, Permitted Activity in the
Minimum Visual Buffer.
C. This buffer shall be enhanced or created to meet the
requirements of Landscape Option IV of Section 8 -1006
(Landscaping Grid), where such vegetation is insufficient
or non - existent. An approved landscape plan as specified
in Section 6 -1013 (Landscaping Requirements) shall be
required.
6 -1007 Permitted Activity in the Minimum Visual Buffer
A. Within the minimum visual buffer there shall be no
development, clearing, grading, or construction activity
with the following exceptions:
7. When, in the opinion of the Zoning Administrator, the
addition of plantings and earthen berms or masonry walls
would better achieve the purposes of this district in lieu of
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retaining existing vegetation, Landscape Option IV of
Section 8 -1006 (Landscaping Grid) shall be utilized.
6 -1008 Yard and Height Requirements
A. Yard Requirements
3. All corner lots along arterial rights -of -way with a
corner side yard along a street other than an arterial
right of way shall meet the front setback requirement
of the underlying zoning district along the corner side
not fronting the arterial. No structures, vehicular
parking or movement areas, other than to provide
perpendicular access to the site, shall be permitted in
the setback.
6 -2005 Minimum Visual Buffer along the Rights -of -Way of
Arterial Highways within the District
D. This buffer shall be enhanced or created, where such
vegetation does not sufficiently satisfy the standards
set forth in Option IV of Section 8 -1006
(Landscaping Grid) and Section 8- 2002.C,
Landscaping Requirements for Overall Site Design.
An approved landscape plan as specified in Section
8 -2002, Landscape Plan shall be required.
6 -2006 Permitted Activity in the Minimum Visual Buffer
A. Within the minimum visual buffer there shall be no
development, clearing, grading, or construction activity
with the following exceptions:
7. When, in the opinion of the Zoning Administrator, the
addition of plantings and earthen berms or masonry
walls would better achieve the purposes of this district
in lieu of retaining existing vegetation, Landscape
Option IV of Section 8 -1006 (Landscaping Grid) shall
be utilized.
6 -2007 Yard and Height Requirements
A. Yard requirements
3. All corner lots along arterial rights -of -way with a
corner side yard along a street other than an arterial
right of way shall meet the front setback requirement
of the underlying zoning district along the corner side
not fronting the arterial. No structures, vehicular
15
parking or movement areas, other than to provide
perpendicular access to the site, shall be permitted in
the setback.
6 -2009 Development standards
Proposed development within the district shall provide for visual
compatibility and harmony with surrounding natural land forms
and vegetation; be protective of views and vistas from arterial
highways within the district; and provide continuity of site design
within the proposed development. These objectives include the
following standards:
G. All vehicular movement and parking areas shall be paved
with concrete, asphalt, or other similar material.
1. Parking shall be located to the side or rear of a
structure, unless the Zoning Administrator
determines this requirement to be infeasible due to
unique site conditions.
6 -3000 Historic Overlay (HO) District
6 -3001 Purpose
The Historic Overlay District zoning fulfills the goals and
objectives outlined in the County's Comprehensive Plan by
establishing a means to preserve and enhance historic buildings,
structures and various historic resources, identified as important
elements of the County's cultural heritage, through the use of
sensitive land use planning and architectural review procedures.
The Historic Overlay District shall include designated areas
portions of Isle of Wight County where historic landmarks,
buildings or structures having an important historic interest are
located. Such structures shall be protected from destruction,
damage, defacement and obviously incongruous development or
uses of land. It is also designed and to require the erection,
reconstruction and alteration of other buildings and structures to
be architecturally compatible with the historic landmarks,
buildings or structures located therein.
Lastly, this district is established to facilitate the creation of a
convenient, attractive, and harmonious community as stated in
Section 15.2 - 22$3 of the Code of Virginia through the
establishment of design standards that seek to preserve historic
landmarks, buildings, structures or districts. (Section 15.2 - 2306
of the Code of Virginia.)
16
6 -4006 Use Regulations
B. The following activities may occur below the level of the
one hundred (100) year flood elevation if administered in
accordance with section 6 -4009 section 4309 of this article:
3. Swimming pools or any other non - habitable use
located below elevated buildings when the area
beneath the elevated building is not enclosed and the
pool or other potential obstruction is flush with the
natural grade provided that a licensed surveyor or
engineer certifies that the swimming pool or other
potential obstruction will not be subject to breaking
up or floating out of ground and affecting the piles or
columns of the elevated building. Furthermore, the
swimming pool shall meet the same anchoring
requirements as the support system of the elevated
building and the area beneath the elevated building
shall never be enclosed with walls or any type. (7 -1-
97)
7 -2003 Simplified Site Plan
A. A simplified site plan shall be submitted for a change or
expansion of an agricultural, commercial, civic, office,
industrial or miscellaneous use on an existing site, unless:
9 -1004 Temporary Signs
The following temporary signs are permitted without a zoning
permit. However, such signs shall conform to the requirements
set forth below as well as all other applicable requirements of this
ordinance except those contained in Sections 9 -1006 and 9 -1008.
A. Real Estate Advertising Signs
1. On- Premises Signs
a. On premises signs advertising the sale, lease, or
rental of property shall be limited to one (1)
sign per lot per street frontage or frontage on
navigable waterway. (7 -1 -97)
b. Signs in residential zoning districts and
residential uses in the NC, VC and PD -MX
districts shall not exceed four (4) square feet in
size and four (4) feet in height.
a
C. Signs in Rural Agricultural Conservation
zoning districts shall not exceed sixteen (16)
square feet in size and six (6) feet in height.
d. Signs in commercial and industrial zoning
districts and civic, office, and miscellaneous
uses in any other district shall not exceed
thirty -two (32) square feet in size and ten (10)
feet in height.
e. The height of all signs shall represent a
measurement from ground level to the top of the
sign structure. Such signs shall be located a
minimum of ten (10) feet from any property
line. (7 -1 -97)
D. Special Event Signs
1. Signs indicating a special event to be located on property
where the special event such as a grand opening, fair,
carnival, festival or similar event is to take place may be
erected no more than thirty (30) days prior to the special
event and shall be removed no later than forty -eight (48)
hours after the special event has concluded. However,
grand opening signs shall be removed no later than thirty
(30) days after the first day of the grand opening.
2. No sign shall be greater than thirty -two (32) square feet in
size and fifteen (15) feet in height. (7 -1 -97)
3. Such signs shall be located a minimum of ten (10) feet
from any property line. (7 -1 -97)
4. Off - premises signs for special events sponsored by non-
profit, governmental or civic organizations may be
permitted up to thirty-two (32) square feet.
5. Grand opening and special event signs, which contain or
consist of pennants, balloons, ribbons, streamers, banners,
spinners, strings of lights, or other similar moving or
stationary devices, may also be erected in accordance with
the provisions of Section 9- 1005.D.I (above).
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Ivy called for a public hearing on the following application:
IV
The application of Robert T. Jones, owner, for a change in zoning
classification from Rural Agricultural Conservation (RAC) to
Conditional -Rural Residential (C -RR) of approximately 2.5 acres of
land located on the south side of Jones Town Drive (Route 637) east of
Rattlesnake Trail (Route 646) in the Carrsville Election District. The
purpose of the application is to create one (1) single - family residential
lot.
Ms. Walkup advised that the applicant has proffered no further
subdivision and this is the first of two (2) new lots that can be created from
the parent tract. She noted the application is to facilitate the relocation of a
flood victim.
Interim County Attorney Burton certified that the application had been
duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
No one spoke in favor or in opposition to the application.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark requested confirmation that the applicant would not
build in the flood zone again.
Ms. Walkup advised that the owner had expressed an interest in
utilizing a family member transfer for his daughter.
Supervisor Bradshaw noted that this family had been devastated by
flooding on two (2) separate occasions and that whether or not the family
would be able to create a lot in the future is questionable, due to the amount
of money needed to clean up the lot.
Supervisor Bradshaw moved that the Board approve the application of
Robert T. Jones, as presented. The motion was adopted by a vote of (4 -1)
with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the
motion and Supervisor Clark voting against the motion.
Chairman Ivy called for a public hearing on the following application.
The application of Gayle K. Sawyer, owner, for a change in zoning
classification from Rural Agricultural Conservation (RAC) to
Conditional -Rural Residential (C -RR) of approximately 22.53 acres of
land located on the north side of Central Hill Road (Route 637) and
west of Trump Town Road (Route 65 1) in the Windsor Election
19
District. The purpose of the application is to create four (4) single -
family residential lots, as conditioned.
Ms. Walkup advised that the applicant had offered a cash proffer for
each of the four (4) lots, as well as no further subdivision of the property.
The applicant is also requesting that the acreage be removed from the
Courthouse Agricultural Forestal District in order to allow a more intensive
use of the property. Further, an exemption is being requested from the first
two (2) lots not having road frontage and the applicant has offered a shared
driveway.
Supervisor Bradshaw moved that the public hearing be moved to the
end of the public hearings to allow legal staff an opportunity to investigate
whether or not removal from an Agricultural Forestal District requires a
separate public hearing, first by the Planning Commission and then by the
Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Ivy called for a public hearing on the following application:
The application of B. Wilson Jones, owner, for a change in zoning
classification from Rural Agricultural Conservation (RAC) to
Conditional -Rural Residential (C -RR) of approximately 14.64 acres of
land located on the east side of Courthouse Highway (Route 258) west
of Orbit Road (Route 637) in the Windsor Election District. The
purpose of the application is to create two (2) single- family residential
lots, as conditioned.
Ms. Walkup noted that this application also requests removal from the
Agricultural Forestal District.
Supervisor Bradshaw moved that the above public hearing be moved to
the end of the public hearings to allow legal staff an opportunity to
investigate whether or not removal from an Agricultural Forestal District
requires a separate public hearing, first by the Planning Commission and then
by the Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Ivy called for a public hearing on the following application:
The application of James F. Wells, owner, for a change in zoning
classification from Rural Agricultural Conservation (RAC) to
Conditional -Rural Residential (C -RR) of approximately 2.0 acres of
land located on the west side of White Hill Trail (Route 623) near the
Surry County Line, in the Carrsville Election District. The purpose of
the application is to create one (1) single - family lot, as conditioned.
20
Ms. Walkup advised that the applicant has offered a voluntary cash
proffer for the creation of one (1) single - family lot.
Interim County Attorney Burton certified that the application had been
duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
No one spoke in favor of or in opposition to the proposed application.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved that the Board approve the application of
James F. Wells, as conditioned. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Ivy called for a public hearing on the following application:
The application of Pulaski Baptist Church Trustees for a Conditional
Use Permit to allow a church cemetery on approximately 0.5 acre of
land, located off the south side of Carrsville Highway (Route 58), east
of See -Gar Drive in the Carrsville Election District.
Interim County Attorney Burton certified that the application had been
duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
Joel Bradshaw, 32201 SeeGar Drive, advised of his donation of land to
the church several years ago, noting that it is located in a region that would
most likely not be developed in the future.
Rudolph Boone, Trustee of Pulaski Baptist Church, offered to address
questions by the Board.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw advised that he would like to delete the Planning
Commission's recommendation 42 which states "existing trees within the 25-
foot setback area adjacent to all property lines shown on the site sketch
submitted with the application shall be preserved to the greatest extent
possible. Limited tree removal will be allowed for a vehicular access road"
21
as those trees are located on Mr. Bradshaw's property and not on the
proposed cemetery property.
Supervisor Bradshaw moved that the Board approve the application of
Pulaski Baptist Church Trustees subject to Conditions 41 and 3. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Ivy called for a public hearing on the following application:
The application of Solomon's Temple, owner, for a Conditional Use
Permit to allow a religious assembly on approximately 1.957 acres of
land located at 15636 Carrollton Boulevard (Route 17) in the Newport
Election District.
Ms. Walkup drew the Board's attention to the list of proffered
conditions contained in the agenda.
Interim County Attorney Burton certified that the application had been
duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
Wayne Farmer, Attorney with Saunders, Barlow, Riddick and
Babineau, recalled that the Board had previously approved a site plan for the
subject property. When the church purchased the property in 2006, a site
plan had already been approved for commercial use and the church is
proposing to utilize the approved site plan which will allow seating of
approximately 176 individuals using the existing parking spaces laid out for
the site. He noted that the appearance of the building may change as the
property was originally approved for a commercial structure, but that any
such change would require approval from the County. He stated that the
Planning Commission unanimously recommended approval with the
condition that the landscaping be enhanced in the front of the building
between the infiltration basin and roadway and between the infiltration basin
and the parking lot at the Route 17 entrance, subject to staff's approval.
Jeb Bonnet, 15624 Carrollton Boulevard, addressed a concern with the
loss of tax revenue, if approved, as the property was originally zoned
commercial. He suggested that an architect be hired to address safety
concerns as a house of worship would serve more occupants than a retail
center.
Chairman Ivy closed the public hearing and called for comments from
the Board.
NN
Supervisor Clark moved that the Board approve the application of
Solomon's Temple. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Ivy called for a public hearing on the following application:
The application of B & J Mini Storage, LLC, owner, and Patricia V.
Burch, applicant, for a Conditional Use Permit to allow construction of
a commercial kennel for dog grooming, boarding and retail sales of pet
supplies. The application site is located on the east side of Courthouse
Highway (Route 258), north of Scott's Factory Road (Route 620), in
the Hardy Election District.
Amy Ring, Assistant Director of Planning and Zoning, offered to
address questions by the Board.
Interim County Attorney Burton certified that the public hearing had
been duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
Mitchell Wilcox, Commonwealth Engineering, represented the
application stating that the entrance to the site has been shifted to a common
property line to allow this and the adjacent parcel to share one (1)
entranceway.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved that the Board approve the application of B &
J Mini Storage. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Ivy called for a public hearing on the following Ordinance:
An Ordinance to Amend Chapter 5, Elections, Article III, Precincts,
Section 5- 11(c)(1).
Interim County Attorney Burton certified that the Ordinance had been
duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
RN
William Bell, Secretary of the Electoral Board, requested approval to
address unsafe parking conditions at the Pons Precinct, which has grown
from 1,400 voters in 1994 to 2,000 voters today. He noted the proposed
permanent structure would benefit the poll workers as well as the voters.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND CHAPTER 5, ELECTIONS,
ARTICLE III, PRECINCTS, SECTION 5- 11(c)(1)
WHEREAS, the Isle of Wight County Electoral Board has reported that
the current Pons Precinct polling place currently located at 11379
Whitehouse Road, Smithfield, Virginia, has inadequate public facilities; and
WHEREAS, the Mt. Tabor Church of God and Christ has agreed to the
relocation of the Pons Precinct polling place to its location at 13468
Waterworks Road, Smithfield, Virginia, at no cost to the County; and
WHEREAS, the Board of Supervisors of Isle of Wight County wishes
to change the Pons Precinct polling place to improve conditions for the
public.
NOW THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 5, Elections, Article III, Precincts, Section
5- 11(c)(1) be amended as follows:
Sec. 5 -11 Enumerated.
The precincts for each election district and the polling place for each
precinct shall be as set forth below:
(c) Hardy election district.
(1) Pons precinct:
Polling place — New Pons Voting Place — 13468 Waterworks
Road, Smithfield, Virginia
This ordinance shall be effective upon approval by the Voting Rights
Section of the Department of Justice.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Ivy called for a public hearing on the following Ordinance:
W
An Ordinance to Amend Chapter 11.2. Noises
Interim County Attorney Burton certified that the Ordinance had been
duly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
Anthony Cummings, 102 Adams Court, spoke in favor of the
Ordinance as written.
Conway Henderson, 13185 Doggett Lane, notified the Board that
noises from ATVs and dirt bikes have drastically changed the quality of life
in her neighborhood, where she has resided for the last ten (10) years, over
the last several months.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Interim County Attorney Burton advised that the concerns expressed by
Ms. Henderson are not addressed in the proposed Noise Ordinance. He
recommended that the Board adopt the proposed Ordinance in its current
form and, in the meantime, he would research this issue further and return to
the Board with a recommendation on how best to address noises created by
dirt bikes and other vehicles.
Supervisor Bradshaw objected to Section 11.2 -3 because it does not
include an exemption for farming activity. He noted, as currently proposed,
the Ordinance is detrimental to the farming community because a complaint
could be filed and a farming operation shut down due to noise created by
farming machinery. He noted that he would be in favor of applying the
Ordinance to subdivisions, but not residential lots that are located in
agricultural areas. He added that Item (A) under Section 11.2 -2 is
inadequately defined and could not be enforced by the Sheriff as at what
point in time a noise becomes unreasonable is not defined. He noted Item
(B), Section 11.2 -2, is also not adequately defined.
Supervisor Clark moved that the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND CHAPTER 11.2. NOISES
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the effect unnecessary or excessive noises may have on the
health, safety and welfare of its citizens.
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter 11.2, Noises be amended as follows:
25
Sec. 11.2- l.UnnecessM or Excessive Noises Generally
It shall be unlawful for any person to make, or to cause or allow to be
made, upon any property in the County, any unnecessary or excessive noise
or sound, whether vocally, mechanically, electronically or otherwise, or of
such a character, volume, duration or frequency as to disturb, injure or
endanger the quiet, comfort, repose, health, peace or safety of any person of
ordinary sensitivity.
Sec. 11.2- 2.Noises Expressly Prohibited.
The following acts are specifically declared to be in violation of this
Chapter, but such enumeration shall not be deemed to be exclusive:
(a) Horns, signaling devices, etc. The sounding of any horn or
signaling device on any automobile, motorcycle, bicycle or other vehicle on
any street or public place in the County, except as a danger warning; the
creation by means of any signaling device of any unreasonable, loud or harsh
sound; and the sounding of any signaling device for an unnecessary or
unreasonable period of time.
(b) Radios, phonographs, etc. - - -- Generally. Using, operating or
permitting the play, use or operation of any tape recorder, radio receiving set,
musical instrument, phonograph or other electronic machine or device for the
production or reproducing of sound in such a manner, or of such a volume as
to disturb, injure or endanger the quiet, comfort, repose, health, peace or
safety of any other person who is not within the confines of the room, vehicle
or property in which such machine or device is operated and who is not a
willing listener thereto. The operation of any such device in such a manner
that the resultant noise or sound is audible at a distance of at least fifty (50)
feet from the building, structure, property or vehicle in which it is located
shall be prima facie evidence of a violation of this Chapter.
(c) Production of sound from radios, phonographs, etc., on streets.
Using, operating or permitting the play, use or operation of any tape recorder,
radio receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other electronic machine or device for the producing or
reproducing of sound upon public streets or parking lots, unless the resultant
noise or sound shall not be clearly audible at a distance greater than fifty (50)
feet from the vehicle or other enclosure in which it is contained, or at least
fifty (50) feet from the source thereof, if not contained within any vehicle or
other enclosure.
(d) Animals. The keeping of any animal which shall be the source of
any noise or sound of such character, volume, duration or frequency as to
disturb, injure or endanger the quiet, comfort, repose, health, peace or safety
of any other person of ordinary sensitivity.
(e) Exhaust discharges. The discharge into open air of the exhaust
of any steam or diesel engine, stationary internal combustion engine, chain
saw, power mower, motorboat or motor vehicle, except through a muffler or
other device which will effectively prevent any noise or sound of a character,
volume, duration or frequency which disturbs, injures or endangers the quiet,
W
comfort, repose, health, peace or safety of any other person of ordinary
sensitivity.
(f) Defects in vehicle. The use of any automobile, motorcycle or
other vehicle so out of repair or loaded in such a manner as to create loud and
unnecessary grating, grinding, rattling or other noise or sound of a character,
volume, duration or frequency which disturbs, injures or endangers the quiet,
comfort, repose, health, peace or safety of any other person of ordinary
sensitivity.
(g) Shouting by peddlers, hawkers, etc. The shouting and crying of
peddlers, hawkers and vendors of a character, volume, duration or frequency
which disturbs, injures or endangers the quiet, comfort, repose, health, peace
or safety of any other person of ordinary sensitivity.
(h) Noise to attract attention to performances, etc. The use of any
drums or other musical instrument or device for the purpose of attracting
attention, by creation of noise, to any performance, show or sale.
(i) Engine braking. The creation of any unreasonably loud,
disturbing or unnecessary noise by the application of engine brakes by any
driver of a motor vehicle, which is not as a result of a bona fade emergency
occurrence necessitating the application of an engine brake.
Sec. 11.2-3. Exemptions.
This Chapter shall apply only with respect to noise or sound received
or heard in zoning districts in which residential use is permitted, whether or
not exclusively, under the provisions of the County Zoning Ordinance, as it
may be amended from time to time, and, notwithstanding any provisions of
this Chapter to the contrary, shall have no application to fire, rescue, police,
ambulance or other emergency vehicles or aircraft or to any noise or sound
created thereby or to any noise or sound created by any person to sound a
warning or to call attention to a bona fide emergency. This Chapter shall not
apply to noise or sound which customarily accompanies bona fide parades,
sporting events, public functions or public commemorative events, nor to
noise or sound which customarily accompanies activities of churches and
synagogues, nor to activities conducted in any gymnasium, arena, theater,
amphitheater, swimming pool, stadium, rifle range, gun club or any similar
sporting activity, whether any such activity occurs indoors or outdoors,
except to the extent that any such parade, function, event or activity shall be
prohibited or limited, either expressly or by necessary implication, by the
terms or conditions of any required use permit issued in connection
therewith, or to the extent that such parade, function, event or activity shall
be conducted without a use permit when such permit is required by any
provision of Appendix B of this Code.
Sec. 11.2- 4.Penalties.
Any person violating any of the provisions of this Chapter shall be
deemed guilty of a Class 3 misdemeanor. Upon any subsequent conviction
within a period of twelve (12) months, the violator may be found guilty of a
Class 2 misdemeanor. Each day such a violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such.
27
The motion was adopted by a vote of (4 -1) with Supervisors Brown,
Clark, Wright and Ivy voting in favor of the motion and Supervisor
Bradshaw voting in opposition to the motion.
Supervisor Bradshaw moved that the Board direct Interim County
Attorney Burton to bring back language which will allow the Board some
flexibility with respect to farming operations. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Clark requested that Interim County Attorney Burton
research other Ordinances that address problems associated with dirt bike
noise and return with a recommendation that addresses Ms. Henderson's
concern.
Regarding the public hearings on the Gayle K. Sawyer and B. Wilson
Jones applications, which was tabled earlier in the meeting until the end of
the public hearings, Interim County Attorney Burton advised that the public
hearing advertisements did not include any reference to the removal of the
property from an Agricultural Forest District and the applications would,
therefore, need to be returned to the Planning Commission.
Supervisor Bradshaw moved that the Gayle K. Sawyer application be
returned to the Planning Commission for proper advertisement at the expense
of the County. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Bradshaw moved that the B. Wilson Jones application be
returned to the Planning Commission for proper advertisement at the expense
of the County. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
H
Supervisor Wright moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
11
Chairman Ivy called for the continuation of Citizens' comments.
Nancy Guill of 10108 Riverview Bluff suggested that the Board, the
Planning Commission and the Wetlands Board televise their meetings. She
IT
advised that Teresa Johnson, on behalf of the Carrollton Civic League, had
advised that the League is also in favor of televising the meetings. On behalf
of the Patriot's Day Committee, Ms. Guill offered Patriot's Day to be one (1)
of the County's signature events during the 2007 Jamestown Celebration.
Supervisor Clark moved that the Board direct staff to explore co-
sponsoring Patriot's Day with the other groups on Patriot's Day for 2007 and
direct it to the Tourism Department to make a recommendation. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion and no Supervisors voting
against the motion.
II
Chairman Ivy moved that the Board take a five (5) minute recess. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Ivy moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
II
Chairman Ivy called for the County Attorney's report.
Interim County Attorney Burton presented, for the Board's
consideration, a Lease Agreement between the County and Mr. and Mrs.
Somerset for office space to be utilized by the County's Tourism Department
at 335 Main Street in Smithfield.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Lease. The motion was adopted by a vote of (4 -0) with
Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion;
and no Supervisors voting against the motion; and Supervisor Clark absent
for the vote.
Interim County Attorney Burton presented correspondence addressed
to Dr. Michael W. McPherson, Superintendent of Schools, dated February
13 2007, from Thomas R. Ivy, Chairman of the Board of Supervisors,
regarding a pledge, on behalf of the Board, to reimburse the Schools for the
costs of using their personnel or equipment during disaster response or
recovery activities.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Agreement on behalf of the Board. The motion was adopted by a
C
vote of (4 -0) with Supervisors Bradshaw, Brown, Wright and Ivy voting in
favor of the motion; no Supervisors voting against the motion; and
Supervisor Clark absent for the vote.
Interim County Attorney Burton presented a Deed of Bargain and Sale
between the Board and the Isle of Wight Ruritan Club to gift to the Ruritan
Club a portion of County property located behind land currently owned by
the Club.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to set the Deed of Bargain and Sale for public hearing at the
Board's March 22, 2007 meeting. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of
the motion and no Supervisors voting against the motion.
Interim County Attorney Burton advised that he had seven (7) matters
to discuss with the Board later during the Closed Meeting.
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Chairman Ivy called for the County Administrator's report.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, noted that the Quarterly Citizen Newsletter, included in
the agenda, has been created in an effort to provide citizens with up -to -date
facts and information regarding the services provided by the agencies that
serve County residents. He noted funding is being requested in next year's
fiscal budget to facilitate this effort.
Supervisor Bradshaw moved that the Board appropriate $25,000 for
this fiscal year for the production and distribution of the Quarterly Citizen
Newsletter and that such funding be taken from the Unappropriated Fund
Balance. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Mr. Robertson briefed the Board relative to the issue of videotaping the
Board meetings at a cost of $700 per meeting or $16,000 annually by
PrimeMedia to be shown on Channel 13. An example of a tourism pilot
developed by PrimeMedia was previewed by the Board and it was noted that
any County services could also be conveyed, to include a summary of Board
meetings, if desired.
Supervisor Bradshaw recommended that the Board refrain from taking
any action to broadcast its meetings at this time until the exact cost of
implementing the Board of Supervisors' section on the County's website and
the Quarterly Citizens' Newsletter is known.
HE
Supervisor Wright opposed spending $16,000 to advertise Board
meetings.
Supervisor Clark commented that news items are not always accurately
reported by newspapers and broadcasting of meetings would provide the
public the benefit of an explanation behind why a particular action was taken
by the Board.
Chairman Ivy suggested that copies of the tapes be made available for
viewing at all the libraries as not all citizens receive cable television. He
noted broadcasting of the meetings makes Board members accountable to the
people who elect them.
Mr. Robertson advised that PrimeMedia would perform the editing, but
staff would have the opportunity to review and approve the final product. He
recommended that the Board have PrimeMedia tape a Board meeting for
review by the Board before it makes a commitment.
Supervisor Clark moved that the Board direct Mr. Robertson to arrange
for PrimeMedia to tape the Board's March 1, 2007 meeting for review by the
Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Clark moved that the Board proceed with the public service
announcement known as the "County Beat ". The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors voting against the motion.
County Administrator Caskey introduced a request by the
Commissioner of Revenue and Treasurer for a salary supplement for the
Board's consideration.
Supervisor Clark moved that the Board refer the request to the Budget
and Finance Committee for review and inclusion in the general budget
process and that the Board be provided any information that the Board may
request in the future with regard to any specifics on the request. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion and no Supervisors voting
against the motion.
Mr. Robertson briefed the Board on legislative matters currently under
consideration at the General Assembly. The primary topic of discussion was
transportation and a proposal was offered regarding the removal of the
lodging tax and a provision requiring that all localities participate. He noted
it is hopeful that revisions can be made to the current imminent domain
legislation and that he would keep the Board apprised as new developments
occur.
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Mr. Robertson offered to follow -up on HB2547 with respect to hunting
and the winery bill with respect to land use provisions that strip local
governments of their ability to regulate wineries.
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Chairman Ivy called for consideration of the following Consent
Agenda items:
A. Eurotech Camps and Tours — Summer Soccer Camp
B. Records Preservation Grant Funds Received
Resolution to Accept and Appropriate Records
Preservation Grant Funds from the Library of
Virginia
C. Resolution to Appropriate Funds for the County Attorney's
Office
Resolution to Appropriate Funds from the
Unappropriated Fund Balance for the Isle of Wight
County Attorney's Office
D. Juvenile Accountability Program
E. Personnel Policy Amendment
Resolution to Amend the County Policy Manual,
Chapter 1, Article X, Section 10.4
F. County Policy Amendment
Resolution to Amend the County Policy Manual,
Chapter 7, Article 1, Sections 1.9, 1.13 and 1.15
G. County Policy Addition
Resolution to Amend the County Policy Manual,
Chapter 7, Article IV
H. Planning Commission Action List of January 23, 2007
I. Board of Zoning Appeals Action List of January 8, 2007
J. DEQ/Public Notice Dated January 22, 2007
IN
K. Resolution of Appreciation
Planning Commission
L. Street Lighting Policy
to J. C. Jenkins from the
M. Eagle Harbor, Tract 3 -- Modification to Approved 4 -Plex
Condominium Construction and a Re- design of the Parking
Layout
N. Delinquent Real Estate Tax Collection Monthly Report
O. December 7, 2006 Regular Meeting Minutes
P. December 21, 2006 Regular Meeting Minutes
Q. January 4, 2007 Regular Meeting Minutes
R. January 16, 2007 Regular Meeting Minutes
Supervisor Bradshaw moved that the Board adopt the Consent Agenda
as presented. The motion was adopted by a vote of (4 -0) with Supervisors
Brown, Clark, Wright and Ivy voting in favor of the motion; no Supervisors
voting against the motion; and Supervisor Bradshaw absent for the vote.
Regarding Item (G), County Policy Addition, Resolution to Amend the
County Policy Manual, Chapter 7, Article IV, Supervisor Clark moved that
the Board direct staff to review and update the cell phone use policy while
driving. The motion was adopted by a vote of (4 -0) with Supervisors Brown,
Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting
against the motion; and Supervisor Bradshaw absent for the vote.
Regarding Item (M), Eagle Harbor, Tract 3 — Modification to Approved
4 -Plex Condominium Construction and a Re- design of the Parking Layout,
Supervisor Clark suggested that he and Ms. Walkup speak with a
representative about the placement of specific vegetation on gas line
easements.
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Chairman Ivy called for Appointments.
Chairman Ivy moved that the Board reappoint Harry C. Dashiell, Jr. to
serve on the Historical Architectural Advisory Committee representing the
Smithfield District. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
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Chairman Ivy moved that the Board reappoint Lee Winslett, Jr. to serve
on the Planning Commission representing the Smithfield District. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that the Board reappoint Don Rosie to
serve on the Planning Commission representing the Carrsville District. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Brown moved that the Board reappoint Herb DeGroft to
serve on the Senior Services of Southeastern Virginia. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the Board appoint Rex Alphin to fill
the unexpired term of J. C. Jenkins on the Planning Commission representing
the Carrsville District. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Concerning Betty Pulley's recommendation of an appointment to the
Events Committee, Supervisor Brown requested the opportunity to speak
with the person before officially appointing her.
Supervisor Bradshaw moved that the Board appoint Mike Klusmeier,
replacing John Patterson on the Wetlands Board, representing the Carrsville
District. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman Ivy called for Old Business.
County Administrator Caskey stated that pursuant to the Board's
previous direction to review staffing levels for magistrates and respond to the
Sheriff's concern regarding delays, the Sheriff has requested that the Board
forward a letter to the local courts expressing support for the addition of one
(1) full -time magistrate in addition to maintaining the current part-time staff.
Supervisor Bradshaw moved that the Board forward a letter to the local
Courts expressing support for the addition of one (1) full -time Magistrate in
addition to maintaining the current part-time staff, as requested by Sheriff
Phelps. The motion was adopted by a vote of (5 -0) with Supervisors
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Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Wright advised that he had received a call from a farmer on
Four Square Road who is not able to plant cotton due to the amount of trash
that is being blown out of trucks as they enter the transfer station. He
advised that trash has also been thrown out in the fields along Orbit Road.
Mr. Rountree advised that the County is currently utilizing prisoners
for trash removal along County roadways one (1) week a month and one (1)
day a week.
Supervisor Bradshaw advised that trash has accumulated along
Dardens Mill Road and Old Myrtle Road.
Supervisor Bradshaw moved that the Board direct staff to review the
littering issues dealing with the transfer station and the routes wherein trash
is being transported to and from the main sites and the transfer station. The
rural areas are to be reviewed around the convenience centers where trash has
been illegally dumped to clean it up and see if staff can monitor it in order to
prevent it from happening in the future. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Ivy moved that the Board direct County Administrator
Caskey to meet with Sheriff Phelps regarding the County's newly adopted
Litter Ordinance. He is to emphasize the Board's desire that the Sheriff's
Office better enforce the Ordinance due to the increased accumulation of
trash in the County. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Clark requested that Interim County Attorney Burton take
appropriate action to increase litter fines.
Supervisor Bradshaw moved that the Board direct Assistant County
Administrator Rountree to review the solid waste pamphlet for accuracy that
is currently being distributed to citizens relating to convenience center rules
and report back to the Board with his recommendations. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the Board direct staff to review all
convenience center sites relative to vegetative buffers to ensure that they are
in compliance with the Highway Corridor Overlay District and make a
recommendation to the Board. The motion was adopted by a vote of (5 -0)
9M
with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Clark moved that the Board direct staff to contact Sheriff
Phelps and request that he contact Ms. Conway Henderson of 13185 Doggett
Lane (238 -9890) relative to her concerns about the level of noise produced
by dirt bikes. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Wright advised that he recently met with the School
Superintendent and requested that he provide a quarterly report on the status
of school activities to the Board. He noted that educational programs for
County youth were also discussed and that he had recommended a program
be developed for selected ninth graders to receive teaching scholarships in
conjunction with Old Dominion, Norfolk State and Christopher Newport
Universities, as well as Tidewater Community College, in return for the
student agreeing to work for a certain number of years in the County to pay
back the scholarship. He noted that such a program is anticipated to be
presented to the Board by the Superintendent at a future meeting for
consideration in funding.
H
Chairman Ivy called for New Business.
Supervisor Bradshaw moved that the Board direct County
Administrator Caskey to meet with the Franklin City Manager and the
Southampton County Administrator to review the potential sponsorship of a
portion of the BIackwater/Nottoway Riverkeepers Program and that he return
to the Board with a report. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board direct staff to come back at
a near -term future meeting and brief the Board on the status of the County's
recycling efforts regarding the recycling centers being able to accept all types
of items, including pesticides and tires, for delivery to SPSA by staff, and
report on the status of the purchase of a commercial chipper to address yard
waste and debris. The motion was adopted by a vote of (4 -0) with
Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion;
no Supervisors voting against the motion; and Supervisor Clark absent for
the vote.
Supervisor Bradshaw moved that the Board direct staff to contact the
Franklin City Manager to determine the status of the Chowan River Basin
Watershed regional meeting (Congressman Forbes) in reference to the
flooding of the Blackwater River. The motion was adopted by a vote of (4 -0)
36
with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the
motion; no Supervisors voting against the motion; and Supervisor Clark
absent for the vote.
Supervisor Bradshaw moved that the Board direct County
Administrator Caskey, or his staff, to set up a meeting with the regional
participants (City of Franklin, Southampton County, Isle of Wight and
Sussex County, if interested) regarding clearing out of debris from the
Blackwater River and report back to the Board. The motion was adopted by
a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board direct staff to purchase a
copy of the Blackwater/Nottoway/Meherrin River Atlas. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the Board direct County
Administrator Caskey and staff to meet with the Carrsville Postmaster,
followed by a meeting with the regional U.S. Postmaster to discuss the rural
route area for the Carrsville Post Office with the recommendation that
anything east of Route 258 to be included in the Carrsville postal area. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw requested that staff provide a report to the Board
on the status of the Southern Development Committee, to include who is
charged with directing that Committee.
Chairman Ivy suggested that the Development Service Districts be
reduced in size /mass in the Comprehensive Plan.
Ms. Walkup advised that the Planning Commission has completed its
work on the Comprehensive Plan and is in the process of forwarding it to the
Board with its recommendations. She advised that the Board will hold its
public hearing on the Plan next month and could, at that point, take any
action it desires.
Supervisor Brown requested County Administrator Caskey to contact
the Smithfield Town Manager regarding the status of the Memorandum of
Understanding.
Supervisor Bradshaw moved that the Board direct staff to meet with the
Commissioner of Revenue and develop a list of all environmental equipment,
to include its value if it were being taxed by the County at 100 %. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
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Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Ivy moved that the Board direct staff to review the
possibility of increasing the Consumer Utility Tax to see how it would assist
in funding of the new generator leases and report back to the Board on what
amounts other localities are charging. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board direct staff to investigate
the feasibility of the County establishing a policy wherein employees can
donate sick leave into a sick -day bank for utilization by other employees.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board direct staff to review the
Virginia Cooperative Extension Service and Community Viability Program
that is offered by the Virginia Cooperative Extension Service with respect to
a youth assessment study being performed in the County. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the Board direct staff to follow up on
the street lighting request made by the citizens in Walters last year to see if it
meets the County's current policy. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor
of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw advised the Board that the dedication ceremony
for the Zuni historical marker will be conducted on Saturday, March 3, 2007.
H
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2- 371I.A.7 of the Freedom of Information Act concerning
consultation with legal counsel requiring legal advice pertaining to the Benns
Grant project; pursuant to Section 2.2- 3711.A.7 concerning consultation with
legal counsel requiring legal advice pertaining to the employment of outside
counsel; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal
counsel pertaining to annexation; pursuant to Section 2.2- 371I.A.7
concerning consultation with legal counsel pertaining to Board
compensation; pursuant to Section 2.2- 3711.A.7 concerning consultation
with legal counsel pertaining to probable litigation; pursuant to Section 2.2-
3711.A.7 concerning consultation with legal counsel related to probable
litigation; pursuant to Section 2.2- 3711.A.1 relating to discussion concerning
terms of employment related to an appointee of the public body; and pursuant
to Section 2.2- 3711.A.7 concerning consultation with legal counsel related to
probable litigation related to violation of County ordinances.
Supervisor Clark moved that the Board enter the Closed Meeting for
the reasons stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark moved that 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, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Brown, Bradshaw, Clark, Ivy and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the Closed Meeting.
1I
RE
At 10: 15 p.m., Supervisor Bradshaw moved that the Board adjourn i
meeting. The motion was adopted by a vote of (5-0) with Superviso
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, a
no Supervisors voting against the motion. I
Phillip A. Bradshaw
on