04-19-2007 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF APRIL IN THE
YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr.
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
LuAnn Delosreyes, Administrative Assistant
Chairman Ivy called the meeting to order at 6:00 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 drew attention to the cameras in the Board Room. He
noted this is the first televised edition of the Board of Supervisors’ meeting,
which is part of the Board’s ongoing attempt to make the meetings more
transparent and convenient for the County’s citizens.
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Chairman Ivy called for Approval of the Agenda and requested a
section entitled “Board Comments” begin following Citizens Comments on
the agenda to allow the Board an opportunity to address any concerns or
take action on items presented by citizens during the Citizens Comments
section.
Supervisor Brown requested that the item pertaining to the
Memorandum of Understanding between the Board and the Town of
Smithfield regarding the Pinewood Heights Subdivision be moved from the
Consent Agenda to Old Business.
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Interim County Attorney Burton offered the following amendments:
Under the County Attorney’s Open Meeting Report, add an item (F), a
matter concerning the research of English as the official language of Isle of
Wight County pursuant to the request of Supervisor Wright at the Board’s
April 5, 2007 meeting; add an Item (G), a matter concerning a proposed
contract between H&H Enterprises, Ltd. and the County for the wooden
bridge construction at Fort Huger; add an agreement between VDOT and the
County regarding emergency signals; add a contract between Macson’s Inc.
and the County regarding the abatement of the Isle of Wight County
Museum; and add three (3) items under the County Attorney’s Closed
Meeting Report.
Supervisor Wright requested an item be added under Old Business.
Supervisor Brown moved that the Board approve the agenda, as
amended. 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.
Chairman Ivy reported that the Board has been invited to attend a
terrorist disaster event being sponsored by the Hampton Roads Military and
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Federal Facilities Alliance on April 25 from 9:00 a.m. until 10:30 a.m. and
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again from 1:00 p.m. until 2:30 p.m. and on April 26 from 9:00 a.m. until
10:30 a.m. He advised that the most recent meeting involved the military’s
current operation within the Hampton Roads region, which is now being
operated similar to that of a business. He further advised that a briefing was
also provided by the liaison with Congress.
Chairman Ivy advised that the Senior Services of Southeastern
Virginia will be holding its Third Annual Recognition Luncheon on May
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22 at 11:00 a.m. in Portsmouth if any Board member wished to attend.
Supervisor Bradshaw advised that the Director of Economic
Development, Steven C. Wright, will be attending the Economic
Development Alliance meeting next week in his place.
Supervisor Clark requested County Administrator Caskey to contact
Jones Hook, Executive Director of the Hampton Roads Economic
Development Alliance, and extend an invitation to the Alliance members to
address the Board at its May 3, 2007 meeting to discuss their position on the
Transportation Authority from an economic standpoint.
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Supervisor Wright reported that he should have an announcement
regarding who the new Superintendent of the Western Tidewater Regional
Jail is at the Board’s next meeting.
Supervisor Brown reported that the Southeastern Public Service
Authority Board received a letter from the City of Chesapeake stating that
the City is opposed to the misuse of the regional landfill for out-of-area
waste.
Supervisor Clark reported that the Hampton Roads Planning District
Commission is in favor of receiving a decision from all localities by July
2007 as to each localities position on the Hampton Roads Transportation
Authority. He stated from all appearances, all surrounding cities are in favor
of the creation of a Transportation Authority.
Supervisor Bradshaw inquired if there is any way of changing the
current make-up of the Board and if the Transportation Authority can be
dissolved.
Chairman Ivy requested County Administrator Caskey to forward the
questions raised by Supervisor Bradshaw to Art Collins, Executive Director,
Hampton Roads Planning District Commission.
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Chairman Ivy called for Transportation Matters.
Sandon S. Rogers, Transportation Planner, addressed the list of VDOT
responses to Action Items from various Board meetings through April 5,
2007 for the Board’s information. He noted that MacFarland Neblett,
VDOT Residency Administrator, was unable to be present at the meeting
tonight.
Supervisor Clark inquired about the funding for the gates at the James
River Bridge.
Mr. Rogers advised that funds in the amount of $3,000 were allocated
for the project and were utilized during the design phase by VDOT.
Supervisor Bradshaw thanked staff for their efforts in retrieving the
funds that the County had paid to repair the dam at Tormentor’s Lake from
VDOT.
Supervisor Bradshaw requested the status of the work needed in
Walters with respect to drainage.
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Mr. Rogers stated a meeting has been set for the beginning of the
week at the site in Walters. He noted that several citizens are anticipated to
attend.
Supervisor Bradshaw requested the status of the removal of the low-
lying limbs on Shiloh Drive and Lovers Lane.
Mr. Rogers offered to investigate the status and report back to
Supervisors Bradshaw and Wright.
Supervisor Bradshaw inquired about the status of installing a
reduction in the speed limit coming from the direction of Thomas Woods
Trail.
Mr. Rogers advised that VDOT is in the review process at this time.
Supervisor Clark moved that the Board place Item (H) under
Transportation Matters (Rainbow Road) on the Priority Plan (at the end of
the List). 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 stated the reflective posts on Sugar Hill Road are a
safety issue and VDOT should proceed immediately to install them.
Mr. Rogers advised that he has also requested that VDOT install a
guardrail along that location at Sugar Hill Road.
Supervisor Clark asked Mr. Rogers to investigate and report back on
the reason why VDOT has not been able to paint a site line on Reynolds
Drive and Smithfield Neck Road.
Supervisor Clark inquired if the $300,000 allocation for the three (3)
lights at the three (3) fire departments is a sufficient amount.
Mr. Rogers replied that the Board previously allocated Revenue
Sharing funds with the intention of installing all five (5) signals in the
County.
Supervisor Bradshaw requested that Mr. Rogers set a meeting with R.
L. Walker in Central Hill regarding drainage and include VDOT officials.
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Chairman Ivy called for Citizens Comments.
David Holland, 800 Riverview Drive in Suffolk and President of
Suffolk Oil Company, spoke in opposition to the Hampton Roads
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Transportation Authority stating it would be a burden on the community.
He encouraged the Board to vote in opposition to the proposed Authority
and force the legislature to create a better solution. He stated if the Board
votes in favor, the County immediately becomes uncompetitive with Surry
County and other northern localities. He stated any increase in the tax on
gasoline should be statewide, not just in the Tidewater region. He stated
while better roads are needed in certain areas, he did not believe the creation
of an authority is the answer. He noted that the residents of Suffolk and the
County do not want a new rebuilt Route 460.
Supervisor Clark agreed that the proposed tax should be state-wide,
but the Route 460 realignment is going to happen regardless of the creation
of an authority or not. He invited Mr. Holland to attend the Board’s May 3,
2007 meeting at which time the Executive Director of the Hampton Roads
Planning District Commission will be addressing with the Board the pros
and cons of an authority.
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Chairman Ivy called for the County Attorney’s report.
Interim County Attorney Burton formally introduced LuAnn
Delosreyes, the new Administrative Assistant in the County Attorney’s
office.
Interim County Attorney Burton introduced a request from H.
Woodrow Crook, Jr., on behalf of his client, who wishes to vacate a portion
of right-of-way known as Smithfield Street in the Battery Park Subdivision.
He requested the Board’s authorization to advertise the matter for public
hearing.
Supervisor Bradshaw moved that the Chairman authorize the County
Attorney’s office to set this matter for public hearing at the Board’s May 24,
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 requested that the Board authorize his
office to advertise an amendment to the Noise Ordinance for public hearing
at the Board’s May 24, 2007 meeting.
Supervisor Clark moved that the Chairman authorize the County
Attorney’s office to set this matter for public hearing at the Board’s May 24,
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.
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Interim County Attorney Burton recommended that the Board execute
a resolution on behalf of the Board regarding the termination of a local
emergency.
Supervisor Clark moved that the Board authorize the Chairman to
execute the following Resolution on behalf of the Board:
A RESOLUTION TO TERMINATE THE DECLARATION OF A
LOCAL EMERGENCY, MADE NECESSARY BY A NORTHEASTER
STORM, DECLARED BY THE DIRECTOR OF EMERGENCY
MANGEMENT OF ISLE OF WIGHT COUNTY, VIRGINIA
ON OCTOBER 7, 2006
WHEREAS, Section 44-146.21 of the Code of Virginia (1950, as
amended) prescribes necessary actions precedent to a declaration of a local
emergency; and
WHEREAS, pursuant to Section 44-1146.21 of the Code of Virginia
(1950, as amended), the local Director of Emergency Management, acting
with the consent of the governing body, the Isle of Wight County Board of
Supervisors (the “Board”), declared an emergency and that such declaration
was confirmed by the Board at a meeting within fourteen days of the
emergency declaration, as required by law; and
WHEREAS, Section 44-146.21 of the Code of Virginia (1950, as
amended) prescribes that the governing body, when in its judgment all
emergency action have been taken, shall take appropriate action to end the
declared emergency; and
WHEREAS, the Board is satisfied that all emergency actions have
been taken to remedy real and substantial threats to health and safety of
persons and property in Isle of Wight County, Virginia, posed by the
Northeaster Storm, which necessitated a declaration of local emergency.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia:
1. That it hereby terminates the Declaration of Local Emergency
made effective October 7, 2006, at 10:45 a.m., Eastern Daylight Time
(EDT), by the Isle of Wight County Director of Emergency Management and
confirmed by the Board of Supervisors on October 16, 2006; and such
declaration shall be effective at 11:59 p.m., Eastern Daylight Time (EDT),
on April 19, 2007.
2. That it understands and confirms that the Declaration of Local
Emergency empowered the Director of Emergency Management with special
authority and duties; said authority and duties being defined by the laws,
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rules, regulations and plans of the United States of America, the
Commonwealth of Virginia and Isle of Wight County.
3.That it confirms that all needed emergency actions have been
taken.
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 pursuant to the request
of Supervisor Wright at the Board’s April 5, 2007 meeting, he has
researched the Code of Virginia and determined that English has been
declared the State’s official language.
Interim County Attorney Burton presented a proposed contract
between H&H Enterprises, Ltd. and the County for the wooden bridge
construction at Fort Huger.
Supervisor Clark moved the Board approve the contract between H&H
Enterprises, Ltd. and the County and authorize the Chairman to execute it on
behalf of 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.
Interim County Attorney Burton presented a proposed contract
between VDOT and the County for the reimbursement of costs related to the
installation of emergency signals in Isle of Wight County.
Supervisor Wright moved the Board approve the contract between
VDOT and the County and authorized the Chairman to execute it on behalf
of 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.
Interim County Attorney Burton presented a proposed contract
between Macson’s Inc. and the County relative to the demolition and
abatement of the basement of the Isle of Wight Museum.
Supervisor Bradshaw moved the Board award the contract to
Macson’s Inc. and authorize the Chairman to execute the contract on behalf
of the Board. The motion was adopted by a vote of (5-0) with Supervisor’s
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 four (4) matters
to discuss with the Board later during the Closed Meeting. Chairman Ivy
requested that two (2) personnel matters be added to the Closed Meeting.
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Interim County Attorney Burton advised that the following matters are
scheduled for public hearing later during the meeting:
> Ordinance to Amend Chapter 11, Motor Vehicles and Traffic,
Article II, Motor Vehicle Licenses
> Ordinance to amend Chapter 15, Taxation, Article IV, Electric
and Natural Gas Consumers Tax
> Ordinance to Amend Chapter 7, Fire Protection, Article III,
Open Burning
> Ordinance to Amend Chapter 2, Administration, Article V,
Community Development Authorities
> Ordinance to Amend Chapter 6, Erosion and Sediment Control
> Deed of Bargain and Sale for the consideration of the sale of
portion of County-owned property to the Isle of Wight Ruritan
Club
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Chairman Ivy called for the Parks and Recreation report.
Patrick J. Small, Assistant County Administrator, stated pursuant to
the Board’s previous request, included in the agenda is a Board Report
relative to the acceleration of the pedestrian restroom at Tyler’s Beach. He
requested that Parks and Recreation staff be allowed to study operational
maintenance issues surrounding the property; that in conjunction with the
development of the Hardy Park, staff undertake a citizens’ supported action
plan for the use of that property and develop a master plan for its future use;
and, that the Board direct staff to again review this issue as part of the
Capital Budget process later in the year.
Supervisor Bradshaw suggested that Supervisor Brown form a
citizens’ committee to review the recreational needs in the Hardy District.
He noted that he would like to hear from the citizens in that part of the
County what the priority is for that portion of the County.
Supervisor Clark commented that a permanent restroom facility at
Tyler’s Beach requires monitoring on an intermittent basis for security
reasons. He suggested that staff return to the Board with a plan for
installing, maintaining and protecting the County’s investment of those
facilities.
Supervisor Brown moved that the Department of Parks and Recreation
be directed to do the following:
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> Immediately begin studying operational and maintenance issues
of the current property;
> Undertake a citizen supported action plan for the use of the
property and a master plan for its future development during the
upcoming fiscal year;
> Review the Capital Budget in the upcoming fiscal year for
possible changes to the proposed projects and their scheduling.
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.
Debbie J. Sivertson, Manager of Historic Resources, requested the
Board’s authorization for two (2) additional 2007 Jamestown projects. She
advised that staff would be making a request for the remaining funds for the
Camptown Memorial School Project.
Supervisor Bradshaw moved the Board accept staff’s recommendation
and approve the following:
> Item #13 (County Historical Society/Shipping costs associated
with its update of the Helen Haverty King Historic Houses book
and production of the accompanying Driving Tour and Map) in
the amount of $1,600.
> Item #14 (Department of Parks and Recreation, Division of
Historic Resources/Visit by John Smith’s Barge “Explorer”) in
the amount of $500.
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 the County Administrator’s report.
Supervisor Wright acknowledged the work recently accomplished by
Public Works staff at the Stave Mill Convenience Center. He asked that his
comments be passed along to Public Works staff.
Supervisor Bradshaw acknowledged the beautification effort
undertaken by the community on Route 58 at International Paper, which has
improved the intersection significantly as a motorist enters the industrial
area of the City of Franklin.
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County Administrator Caskey presented a Resolution of the Board of
Supervisors of Isle of Wight County, Virginia to Change its Meeting
Schedule Adopted by the Board at its Organization Meeting of January 4,
2007 for the Board’s consideration, which sets a special meeting in
conjunction with the pending visit from the representatives of Isle of Wight,
England.
Mr. Small noted that staff’s recommendation is that the Board hold a
special meeting on Wednesday, May 9, 2007 in the morning for the purpose
of exchanging pleasantries and gifts with the representatives from Isle of
Wight, England. He noted a reception is also planned in their honor on May
9, 2007 at The Smithfield Center. He noted an alternative date for the
special meeting is May 10, 2007.
Supervisor Wright commented that the members of the Western
Tidewater Regional Jail Board need to be present at a meeting of that body
on May 9, 2007 in the morning.
Chairman Ivy recommended that the special meeting be scheduled for
May 9, 2007 at the time that the Town of Smithfield’s function begins at
The Smithfield Center.
Supervisor Bradshaw recommended and Supervisor Wright confirmed
that the Town of Windsor would also be present.
Supervisor Clark moved the Board adopt the following Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, VIRGINIA
TO CHANGE ITS MEETING SCHEDULE
ADOPTED BY THE BOARD
AT ITS ORGANIZATION MEETING
OF JANUARY 4, 2007
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has determined that it is necessary to change the meeting schedule
adopted by the Board at its organizational meeting of January 4, 2007; and,
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia, is desirous of holding a special meeting on May 9,
2007 for the purpose of welcoming the representatives from the Isle of
Wight England Council.
NOW, THEREFORE, BE IT RESOLVEDthat the Board of
Supervisors of the County of Isle of Wight County, Virginia hereby amends
its Meeting Schedule adopted at its January 4, 2007 meeting.
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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 requested Judy Winslow, the County’s Director of
Tourism, to provide the Board with an updated agenda for the Isle of Wight,
England visitors. He further requested Mrs. Winslow to advise the Town of
Smithfield that the County would be presenting its Resolution to the
representatives of Isle of Wight, England at that special meeting.
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Chairman Ivy called for consideration of the Consent Agenda.
A. Virginia Base Mapping Program Road Centerline Program
Memorandum of Understanding
B. Agreement to provide Cost Allocation Services to the County of
Isle of Wight
C. Resolution for acceptance of streets into the State Secondary
Road System, Smithfield Heights Subdivision Section (4)
> Resolution of the Board of Supervisors of Isle of Wight
County Requesting Addition of Certain Roads in
Smithfield Heights Subdivision, Section (4), into the
Secondary System of State Highways
D. Planning Commission Action List of March 27, 2007
E. Planning Commission 2006 Annual Report
F. Change in Board of Supervisors’ Meeting Schedule
> Resolution of the Board of Supervisors of Isle of Wight
County, Virginia to Change its Meeting Schedule Adopted
by the Board at its Organization Meeting of January 4,
2007
G. Delinquent Real Estate Tax Collection Monthly Report
H. March 22, 2007 Regular Meeting Minutes
Supervisor Clark moved the Board approve the Consent Agenda, as
presented. 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 Appointments.
Supervisor Bradshaw moved to appoint Jill Peerey to serve on the
Blackwater Regional Library, representing the Carrsville District. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown,
Wright and Ivy voting in favor of the motion. Supervisor Clark was absent
from the vote.
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Supervisor Bradshaw moved that 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.
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Chairman Ivy called for a public hearing on the following:
Proposed Capital Improvements Plan for Fiscal Year 2008-2012.
Liesl R. DeVary, Director of Budget and Finance, advised that the
Capital Improvement Plan is routinely presented for adoption by the Board
in the month of January; however, it is being considered simultaneously
with the Board’s annual budget. She noted that due to certain budget
constraints, staff is recommending the reduction of approximately $1.2
million in year one in order to mirror recommended reductions in the Capital
Budget. She noted the reductions are based on the fact that these items in
the Capital Budget can only be funded with operating revenues and in order
to minimize the impact to the taxpayers and maintain County operations,
staff feels this is the best alternative. She advised that the Capital Plan, as
proposed, is in the amount of $98,479,205.
Interim County Attorney Burton certified that the Plan was properly
advertised.
Ms. DeVary, on behalf of Sheriff Phelps, who could not be present
tonight, is requesting that the Board consider moving the improvements
from the Animal Shelter from Fiscal Year 2010 to Fiscal Year 2009.
Chairman Ivy called for those to speak in favor of or in opposition to
the proposed Capital Improvements Plan for Fiscal Year 2008-2012.
Chairman Ivy closed the public hearing and called for comments from
the Board.
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Supervisor Bradshaw moved the Board adopt the Capital
Improvements Plan for Fiscal Year 2008-2012, as amended, in the total
amount of $98,479,205, to include the following reductions of “year one”
capital expenditures:
Capital Proposed CIP Proposed Reduction
Project Budget
Reserve for $300,000 $150,000 $150,000
Community
Center – Town
of Windsor
Rt. 17 $250,000 0 $250,000
Revitalization
Carrsville $250,000 0 $250,000
Streetscape
Reserve for $750,000 $500,000 $250,000
PACE
Land $500,000 $250,000 $250,000
Preservation
Total $2,050,000 $900,000 $1,150,000
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:
Proposed FY 2007-08 General Operating and Capital Budget.
Ms. DeVary briefed the Board on the Budget, as presented, which is
balanced in the amount of $131,135,131, of which the Operating Budget is
approximately $94.5 million, which represents a 12% increase over the
previous year’s Operating Budget. She stated the Capital Budget is in the
amount of $36.6 million and there is an additional $5.2 million in the Public
Utilities Budget, for a total Capital Budget of $44 million. She stated a $.01
reduction in the real estate tax rate is proposed, bringing the tax rate to $.52
per $100. She stated staff is recommending an increase in the Consumer
Utility Tax on electricity and gas to help offset the cost of the emergency
generators, but all other rates remain the same. She stated the major areas of
expenditures in this year’s budget are education, public safety, trash
disposal and capital improvements. She stated staff is proposing the
issuance of bonds in order to fund the Capital Improvement Plan. She stated
that the school portion of the total Operating budget is between 65% and
70%.
Interim County Attorney Burton certified that the Budget had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed Fiscal Year 2007-2008 General Operating and Capital Budget.
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Carol Rhodes, Director of Victim and Witness Assistance Program,
requested supplemental salary funding, based on other local government
levels of funding and support. She stated with her experience, a Masters
Degree in Public Administration, and added responsibility, she feels a salary
range of $56,000 to $64,000 would be appropriate. She stated the
Department of Victim Witness currently performs mandated services
making victims and witnesses aware of their rights, such as assistance in
obtaining protective Orders, advance notice of court proceedings. helping
victims to prepare Victim Impact Statements in felony cases, seeking
restitution and retrieving property. She stated this Office serves over 250
victims per year. She stated that she has also instituted use of community
service clients for disaster relief. She stated this Office further serves as a
representative on the Family Planning Assessment Team. She stated she is
active in the Isle of Wight TRIAD Salt Council and she is responsible for the
monitoring, collecting and disbursing of restitution in General District
Court. She concluded that it is her desire to serve in this position until her
retirement and in doing so it is her hope that the funding will be at a level to
attract highly qualified candidates to serve the needs of the County’s
citizens.
Herb DeGroft, 15411 Mill Swamp Road, thanked the Board for its
past financial support of seniors’ programs. He mentioned that the “I Ride”
program will hopefully become a popular choice for many in the future. He
expressed concern that the school budget shows little evidence of the
implementation of cost controls. He stated that $1.3 million dollars could be
eliminated from the school budget while still addressing needed items in the
classroom and teacher’s salaries. He requested that the Board approve the
school budget by category so that some form of financial control can be
exercised over expenditures.
Barry Teller, Director of the Fifth District Community Corrections
Program, which is a local probation office that supervises individuals
convicted of misdemeanor and non-violent felony offenses which
punishment could lead to incarceration of up to one (1) year in jail. He
stated approximately 600 individuals are referred to his office for probation.
He requested that the current amount allocated to his office be increased
from $4,579 to $8,579, which is an increase of 26% of the needed $15,000
to support the hiring of an individual on a part-time basis to serve as an In-
take Clerk.
Sharon Hart of Carrollton stated she would like to see combined
services between the County and the School Board. She recommended that
additional bids be solicited if the proposed Courts building is anticipated to
cost what the Smithfield Middle School cost two (2) years ago. She stated
the school budget could be reduced and she requested the Board to
categorically approve the school budget. She stated the salaries of
administrative school personnel are top heavy. She compared the Suffolk
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school system, noting it is twice the size of Isle of Wight and pays its
Superintendent $158,467 as compared to Dr. McPherson’s salary of
$154,000 including benefits for only nine (9) schools, which is also $32,000
higher than five (5) other counties of comparable size to the County. She
stated that administrative costs are $246 per student in the County versus
$222 for comparable school districts. She stated that a 10% increase is
proposed for teachers with thirty (30) years and she would suggest that they
instead be given a bonus at the end of the year for good performance. She
stated that the School Board’s travel benefit of $103,000 is too high and the
new Director of Facilities and Maintenance was hired at a salary of $90,800,
which is outrageous and he should be expected to reduce energy
consumption at the cost of his salary. She noted that the County’s teachers
with twenty-five (25) years of service are in line with the Cities of
Chesapeake, Norfolk, Suffolk and Williamsburg. She stated that the County
does not have the income in the budget to compete with cities and the
County can not realistically put its salaries at the same level of cities.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Chairman Ivy advised that the Board is required by law to wait seven
(7) days before acting on the proposed budget.
Chairman Ivy called for a public hearing on the following:
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 651) in the Windsor Election
District, and the request to withdraw the 22.53 acres from the
Courthouse Agricultural Forestal District. The purpose of the
application is to create four (4) single-family residential lots, as
conditioned.
Interim County Attorney Burton certified that the application had been
properly advertised.
Beverly H. Walkup, Director of Planning and Zoning, recalled that the
application has been referred back to the Planning Commission at the
Board’s February 13, 2007 meeting for proper advertisement of the
withdrawal of the subject acreage from the Courthouse Agricultural Forestal
District.
Supervisor Bradshaw commented that the removal of the 22.53 acres
from the Courthouse Agricultural Forestal District must be advertised as a
separate public hearing from the rezoning public hearing as they are two (2)
separate issues under the Constitution of Virginia.
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Ms. Walkup stated that both Code sections were advertised in the
same advertisement, which was approved by the Interim County Attorney.
Interim County Attorney Burton advised that the application had been
properly advertised; however, if Supervisor Bradshaw would prefer, the
Board could hold a separate public hearing on each Code section.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application of Gayle K. Sawyer, owner, to withdraw the 22.53 acres from
the Courthouse Agricultural Forestal District. The purpose of the
application is to create four (4) single-family residential lots, as conditioned.
Robert Jones, Attorney for the applicant, recalled that this application
had been returned to the Planning Commission due to an error in advertising
and the Planning Commission is recommending approval to the Board. He
stated nothing has changed since the original application came before the
Board for consideration.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved that the Board approve the request of Gayle
K. Sawyer, owner, for the withdrawal of 22.53 from the Courthouse
Agricultural Forestal 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.
Chairman Ivy called for a public hearing on the following:
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 651) in the Windsor Election
District. The purpose of the application is to create four (4) single-
family residential lots, as conditioned.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Attorney Jones reiterated the following conditions: $11,189 per lot
will be paid to be evidenced by a note and Deed of Trust upon each of the
four (4) rezoned lots with payment to be made to the County at the time each
lot is conveyed to another party; each of the four (4) lots resulting from this
application shall not be re-subdivided (including family member
subdivisions); and that there will be only one (1) curb cut off Trump Town
Road to serve Lots (D) and (E).
16
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved that Board approve the application of Gayle
K. Sawyer, owner, to withdraw the 22.53 acres from the original 176 acres
to form four (4) lots for a rural residential area, as proffered:
> to pay $11,189 per lot to be evidenced by a note and Deed of
Trust upon each of the four (4) rezoned lots with payment to be
made to the County at the time each lot is conveyed to another
party.
> that each of the four (4) lots resulting from this application shall
not be re-subdivided (including family member subdivisions).
> that there will be only one (1) curb cut off Trump Town Road to
serve Lots (D) and (E);
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 noted that the Board is in favor of protecting
agricultural land in the County through the Purchase Agricultural
Conservation Easements program and he recommended that staff review the
Zoning Ordinance with respect to providing better protection from
fragmented lots.
Chairman Ivy called for a public hearing on the following:
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, and the
request to withdraw the 14.64 acres from the Courthouse Agricultural
Forestal District. The purpose of the application is to create two (2)
single-family residential lots, as conditioned:
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Gene Barcroft, representing the applicant, requested approval of the
request.
Chairman Ivy closed the public hearing and called for comments from
the Board.
17
Supervisor Bradshaw moved the Board approve the request of B.
Wilson Jones, owner, for the withdrawal from the Courthouse Agricultural
Forestal 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.
Chairman Ivy called for a public hearing on the following:
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.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Gene Barcroft, representing the applicant, noted that the applicant
desires to create two (2) lots on the farm where he currently resides.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved to approve the application of B. Wilson
Jones with the following conditions:
> The rezoning of these two (2) lots to prohibit the re-subdivision
of either lot, including family member transfers.
> An easement of thirty (30) feet for ingress/egress to Courthouse
Highway (Route 258). This easement will be utilized jointly for
access for the two (2) lots rather than individual driveways.
> A minimum building setback line from Courthouse Highway
(Rt.258) of one hundred fifty (150) feet.
> A cash proffer in the amount of $11,189 per lot to be secured by
deed of trust with payment to be made to the County at the time
each lot is conveyed.
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:
18
The application of Donald R. and Pauline T. Suttle, owners, for a
Conditional Use Permit to occupy a Manufactured Home, Class B, as a
temporary residence for two (2) years while building a single-family
dwelling at 32259 Jenkins Mill Road, Franklin, in the Carrsville
Election District.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Donald R. Suttle, applicant, stated that due to the extensive damage to
the existing farmhouse on the property, he is in need of placing a
manufactured home on the property to live in while he gets his retirement
home built.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved the Board approve the application of
Donald R. and Pauline T. Suttle. 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:
An Ordinance to Amend the following Sections of Appendix B.
Zoning: Nonconforming Situations, Section 1-1020.G.4.a
(Expansion/Improvements to Nonconforming Uses and Structures);
Section 1-1020.H.1 (Restoration or Replacement); Section 1-1020.H.5
(Restoration or Replacement); Use Types, Section 3-2000
(Agricultural Use Types); Section 3-6000 (Commercial Use Types);
Rural Agricultural Conservation (RAC) District, Section 4-2002.A
(Permitted Uses); Section 4-2003.E (Conditional Uses); Rural
Residential (RR) District, Section 4-3006 (Lot Size Requirements);
Limited Commercial (LC) District, Section 4-9002.E (Permitted
Uses); General Commercial (GC) District, Section 4-10002.E
(Permitted Uses); Limited Industrial (LI) District, Section 4-1102.D
(Permitted Uses); Section 4-1105.A.1.a (Bulk Regulations); General
Industrial (GI) District, Section 4-12002.D (Permitted Uses); Planned
Development Industrial Park (PD-IP) District, Section 4-19002.D
(Permitted Uses); Supplementary Use Regulations, Section 5-
2000.A.1.a (Supplementary Density and Dimensional Regulations);
Section 5-2000.E.3 (Supplementary Density and Dimensional
Regulations); Section 5-2000.H.4 (Supplementary Density and
Dimensional Regulations); and Sections 5-5001.B (Supplementary
19
Use Regulations for Agricultural Types) of the Isle of Wight County
Zoning Ordinance.
Interim County Attorney Burton certified that the ordinance
amendment had been properly advertised.
Amy Ring, Assistant Director of Planning and Zoning, presented the
Ordinance for consideration by the Board.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Billy Gwaltney, 23489 Deer Path Trail, spoke in favor stating that he
would like to move a double-wide trailer to agricultural land he owns that is
zoned for a single-wide trailer in order to attract better employees.
Bobby Wright, 12181 Mill Swamp Road, stated that his wife’s family
owns a home at Burwells Bay which was heavily damaged by Hurricane
Isabel and he is in favor of the amendment to the Ordinance because it will
assist him with restoring the home’s damage.
Carlson Jurvis, 12155 Smiths Neck Road, spoke in favor of the
Ordinance because it will allow him to make some improvements to his
current living conditions.
Jean Synder, 114 Henry Clay Road of Newport News, advised that she
owns a beach home at Burwells Bay which was heavily damaged by
Hurricane Isabel. She noted that the restoration process is a nightmare and
anything that simplifies the process is welcome.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Brown moved the Board adopt the following 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.
20
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County
Codebe amended as follows:
1-1020Nonconforming Situations
G. Expansion/Improvements to Nonconforming Uses and
Structures
4. Minor alterations, cosmetic modifications, interior renovations
and similar changes for nonconforming uses or structures may
be permitted, subject to the following standards:
a. Any building or structure that is conforming as to use,
but is nonconforming as to the requirements of this
chapter, including floor area, lot, yard, road frontage,
setback, parking, loading spaces, fences, signs or height
requirements, may be enlarged or structurally altered, if
the alteration or enlargement complies with this article.
b. Such construction shall meet all current use requirements
for the zoning district assigned by the zoning
administrator as a part of the nonconforming use
verification process.
H. Restoration or Replacement
1. A residential or commercial nonconforming structure
damaged or destroyed by a natural disaster or other act of
God, may be repaired, rebuilt or replaced to eliminate or
reduce the nonconforming features to the extent possible,
without the need to obtain a variance. If such building cannot
be repaired, rebuilt or replaced except to restore it to its
original nonconforming condition, the owner of the property
shall have the right to do so. The owner shall apply for a
zoning and building permit and any work done to repair,
rebuild or replace such building shall be in compliance with
the provisions of the Uniform Statewide Building Code and
any work done to repair, rebuild or replace such building shall
be in compliance with the provisions of the Flood Plain
Management Overlay District as contained in Article VI of
this ordinance. Unless such building is repaired or rebuilt and
construction completed within two (2) years of the date of the
natural disaster or replaced and construction completed within
two (2) years of the date of the natural disaster or other act of
God, such building shall only be repaired, rebuilt or replaced
in accordance with the provisions of Section H(2) below.
21
However, if the nonconforming building is in an area under a
federal disaster declaration and the building has been
damaged or destroyed as a direct result of conditions that gave
rise to the declaration, an additional two (2) years shall be
provided for the building to be repaired, rebuilt or replaced as
otherwise provided in this paragraph.
a. One (1) extension not exceeding ninety (90) days
may be granted by the Zoning Administrator if it is
determined that such additional time is required to
reasonably complete the construction, repair or
rebuild the replacement residence.
3-2000Agricultural Use Types
Agriculture- The use of land for the production of food and fiber,
including horticulture, hydroponics, truck gardens, cultivation of field
crops, nurseries, orchards, viticulture, livestock operations, dairy farms,
and the use of heavy cultivating machinery, and irrigation machinery.
This definition shall also include the following uses as accessory uses:
grain dryers and related structures, the storage of fertilizer, the storage
of petroleum, and the repair of personal farming equipment.
Farm Employee Housing- A Manufactured Home, Class A or B, as
defined under Residential Use Types, located on a farm for the
purpose of housing an employee of that farm operation and his/her
family. Also included in this use type would be multi-family
dwelling(s) for seasonal employees in connection with an agricultural
use, which relies on seasonal employees who must be housed.
Farm Winery - also, “winery,” means an “establishment” as defined in
Section 4.1-100 of the Code of Virginia, and where i) the owner shall
obtain a farm winery license from the Virginia Alcoholic Beverage
Control Board, and ii) a minimum of 51 percent of the fresh fruits or
agricultural products used at the Farm Winery for the production of
wine shall be grown or produced on the farm and no more than 25
percent of the fruits, fruit juices or other agricultural products shall be
grown outside the Commonwealth. Accessory uses at a Farm Winery
may include: wine tasting rooms at which wine tasting occurs,
accessory food sales related to wine tasting occurs, and wines
produced on-site are sold.
Viticulture – The cultivation and study of grapes and grapevines.
3-6000Commercial Use Types
Lawn and Garden Services – Establishments primarily engaged in
performing a variety of lawn and garden services, including bermuda
22
sprigging services, cemetery upkeep, garden maintenance, garden
planting, lawn care, lawn fertilizing services, lawn mowing services,
lawn mulching services, lawn seeding services, lawn spraying
services, lawn sprigging services, mowing highway center strips and
edges, seeding highway strips, sod laying and turf installation.
4-2000 Rural Agricultural Conservation (RAC) District
4-2002 Permitted Uses
A.Agricultural Uses
Agriculture
?
Agricultural Farming Operation
?
Grain Dryer and Related Structures
?
Fertilizer Storage
?
Assembly and Repair of Farm Equipment
?
Accessory Petroleum Storage
?
Livestock Operation
Aquaculture
*Commercial Feedlot
Farmer's Market
Farm Winery
*Forestry Operation
?
Forestry, Silvicultural
?
Timbering
Greenhouse, Private
*Livestock Auction Market
*Sawmill
*Stable, Commercial
?
In conjunction with residence
?
Not in conjunction with a residence
*Stable, Private
*Wayside Stand
4-2003Conditional Uses
E. Commercial Uses
*Agricultural Service
?
Commercial Assembly and Repair
?
Farm and Forestry Implement Storage, Sales, and Service
*Antique Shop
*Bed and Breakfast
Business or Trade School
*Campground
*Commercial Indoor Sports and Recreation
23
*Commercial Outdoor Entertainment/Sports and Recreation
*Commercial Outdoor Swimming Pool and Tennis Facility
*Crematorium
Equipment Sales and Rental
*Garden Center
*Golf Course
*Golf Driving Range
*Kennel, Commercial
Lawn and Garden Services
*Marina
Veterinary Hospital/Clinic
4-3000 Rural Residential (RR) District
4-3006 Lot Size Requirements
A. Minimum lot area: 40,000 square feet
B. Minimum lot width: 150 feet
C. Minimum lot frontage: 120 feet
D. Minimum frontage on cul-de-sac: 75 feet
E. Maximum lot size: 10 acres
F. No lot shall be designed, approved or employed for use in which
an area more than thirty percent (30%) of the required minimum
lot area is comprised of one or more of the environmentally
sensitive areas cited in Section 5-4000.C.1.a through f.
4-9000Limited Commercial (LC) District
4-9002 Permitted Uses
E. Commercial Uses
*Antique Shop
*Bed and Breakfast
Boarding House
Business Support Service
*Commercial Indoor Sports and Recreation
*Construction Office, Temporary
*Funeral Home
Lawn and Garden Services
*Motor Vehicle Parts/ Supply, Retail
Personal Improvement Service
Personal Service
24
Real Estate Office, Temporary
Veterinary Hospital/Clinic
GC
4-10000General Commercial () District
4-10002Permitted Uses
E. Commercial Uses
Agricultural Service
?
Farm Supplies, Equipment Sales and Service
?
Commercial Assembly and Repair of all equipment normally
used in Agricultural, Silvicultural, and Horticultural
Operation
?
Farm and Forestry Implement Storage, Sales and Service
*Antique Shop
Auction Establishment
*Bed and Breakfast
Business Support Service
Business or Trade School
Commercial Indoor Amusement
Commercial Indoor Entertainment
*Commercial Indoor Sports and Recreation
*Construction Office, Temporary
Construction Sales and Service
*Funeral Home
*Garden Center
*Golf Course
Hospital
Hotel/Motel/Motor Lodge/Inn
*Marina
Lawn and Garden Services
Medical Clinic
*Motor Vehicle Dealership/New
*Motor Vehicle Parts/Supply and Retail
*Motor Vehicle/ Rental
*Motor Vehicle Repair Service/ Minor
Pawn Shop
Personal Improvement Service
Personal Service
Restaurant, General
Retail Sales
Studio, Fine Arts
Taxidermy
Veterinary Hospital/Clinic
4-11000Limited Industrial (LI) District
25
4-11002Permitted Uses
D. Commercial Uses
Agricultural Service
?
Commercial Assembly and Repair of all equipment normally
used in Agricultural, Silvicultural, and Horticultural
Operation
Business or Trade School
Car Wash
*Commercial Indoor Sports and Recreation
*Construction Office, Temporary
Laundry
Lawn and Garden Services
*Mini Warehouse
Motor Vehicle/Outdoor Storage
*Motor Vehicle Repair Service/ Major
Truck Stop
4-11005Bulk Regulations
A. Maximum height of structures:
1. All structures: 75
a. The height limit shall be thirty five (35) feet in height.
The height limit for principal structures may be increased
to fifty (50) feet or up to five (5) stories, whichever is
lesser; provided, that each required yard is increased one
(1) foot for each additional foot of principal structure
height over 35 feet.
4-12000 General Industrial (GI) District
4-12002 Permitted Uses
D. Commercial Uses
*Adult Entertainment Establishment
Agricultural Service
?
Commercial Assembly and Repair of all equipment normally
used in Agricultural, Silvicultural, and Horticultural
Operation
*Construction Office, Temporary
Equipment Sales and Rental
Laundry
Lawn and Garden Services
*Mini Warehouse
26
Motor Vehicle/Outdoor Storage
4-19000Planned Development Industrial Park (PD-IP) District
4-19002Permitted Uses
D. Commercial Uses
Agricultural Service
?
Farm Supplies, Equipment Sales and Service
?
Commercial Assembly and Repair of all equipment normally
used in Agricultural, Silvicultural, and Horticultural
Operation
Business Support Service
*Construction Office, Temporary
*Convenience Store
Equipment Sales and Rental
*Gasoline Station
Laundry
Lawn and Garden Services
*Marina
*Mini Warehouse
*Motor Vehicle Parts / Supply, Retail
*Motor Vehicle/Rental
*Motor Vehicle Repair Service/ Minor
Personal Improvement Service
Personal Service
Restaurant, General
5-2000Supplementary Density and Dimensional Regulations
A. Accessory Building Requirements
1. The following provisions shall regulate the location of
accessory buildings with respect to required yards:
a. Accessory buildings shall be prohibited in any required
yard which adjoins a street, except as permitted under
Section 5-2000.E.3.
b. Accessory buildings shall be located at least five (5) feet
from any required rear lot boundary lines.
c. Where an accessory building is located in a zoning
district requiring a side yard and such building is entirely
to the rear of the principal structure, the accessory
building shall be located at least five (5) feet from any
adjoining lot line.
27
d. Accessory buildings shall not exceed the maximum
height restriction for the zone in which such structures
are located, except as specified in Section 5-2000.D.2.
E. Building setback requirements
3. Front yard requirements in developed areas
Where existing buildings or structures occupy lots comprising
at least fifty percent (50%) of the lots within a block, and the
average front yard depth of the existing buildings or structures
is less than that required by this ordinance, the average so
established may be taken in lieu of that which is normally
required, provided that in no case shall a front yard depth so
determined be less than twenty (20) feet, or less than the
setback line denoted on a recorded subdivision plat, whichever
is greater. For the purpose of this calculation, lots on the same
side of a street on either side of the lot in question for a
distance of six hundred (600) feet or to the nearest street
intersection, whichever is less, shall be considered.
H. Projections and yard setback modifications
4. Architectural features, chimneys, air conditioners, cornices,
eaves, belt courses, sills, canopies, or other similar
architectural features (but not including bay windows or
vertical projections) may project into a required side yard not
more than eighteen (18) inches, but not closer than three (3)
feet to the side lot line, and may not exceed thirty-six (36)
inches. Chimneys and air conditioners may project into any
yard not more than eighteen (18) inches, but air conditioners
rated at twenty-four thousand (24,000) BTU or less shall not
be so placed as to discharge air within five (5) feet of side
yard lines, and those rated over twenty-four thousand (24,000)
to discharge air within twelve (12) feet of side yard lines,
other than side yard lines adjacent to streets.
5-5000 Supplementary Use Regulations
5-5001 Supplementary Use Regulations for Agricultural Use
Types
B. Farm Employee Housing
1. An accessory Manufactured Home (Class A or B), may be
erected upon the approval of a Conditional Use Permit as an
accessory use to an agricultural use exclusively for a farm
28
employee, and his/her family, in accordance with the
following requirements:
a. The manufactured home shall be removed when it is no
longer occupied by a farm employee.
b. No more than one (1) farm employee manufactured home
for every twenty-five (25) acres of land, or portion
thereof, in agricultural use shall be permitted.
c. A Class B manufactured home previously approved under
Conditional Use Permit for Farm Employee Housing may
be replaced with a Class A manufactured home provided
a zoning and building permit is obtained.
2. Multi-family housing may be constructed upon the approval of
a Conditional Use Permit for agricultural uses that rely on
temporary seasonal employees. Such housing shall only be
used to accommodate temporary seasonal employees during
periods of their employment as a farm employee of the
agricultural use. To construct multi-family housing for farm
employees a conditional use permit must be obtained from the
Board of Supervisors.
I. Farm Winery
1. Facilities for fermenting and/or bottling wine shall not be
established until the vineyard, orchard or other growing area
has been established and is in production;
2. The area for wine-tasting and accessory food sales shall not
exceed 25 percent of the area of the structures at a Farm
Winery;
3. Daily tours of a farm winery shall be permitted;
4. Special events shall be permitted up to twelve (12) times per
year. For purposes of this section, a special event is an event
conducted at a farm winery on a single day for which
attendance is allowed only by invitation or reservation and
whose participants do not exceed three hundred (300)
persons. Special events include, but are not limited to,
meetings, conferences, banquets, dinners, wedding
receptions, private parties, and other events conducted for the
purposes of marketing wine. A conditional use permit may
authorize the number of special events per year to exceed
twelve (12) per year, or the number of allowed participants at
any event to exceed three hundred (300) people, or both;
5. Festivals shall be permitted up to four (4) times per year. For
the purposes of this section, a festival is an event conducted
at a farm winery for up to three (3) consecutive days which is
29
open to the general public and conducted for the purpose of
marketing wine;
6. Festivals or special events with more than three hundred (300)
participants as defined in this section shall be subject to the
provisions in Chapter 11.1 of the County Code.
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 public hearing on the following:
Ordinance to Amend Chapter 11, Motor Vehicles and Traffic, Article
II, Motor Vehicle Licenses.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor or in opposition.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
ANORDINANCETOAMEND
CHAPTER11.MOTORVEHICLESANDTRAFFIC.
ARTICLEII.MOTORVEHICLELICENSES.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has determined that in order to reduce confusion among the
citizens of Isle of Wight County as to which motor vehicles are subject to
the Isle of Wight County motor vehicle license tax pursuant to Chapter 11,
Article II of the Isle of Wight County Code;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 11. Motor Vehicles and Traffic. Article II
of the Isle of Wight County Code be amended as follows:
Sec. 11-3. Required generally.
For each license tax year as hereinafter provided for, every resident of
the county who shall own a motor vehicle which is normally garaged, stored
or parked in the county shall pay a vehicle license tax on every such motor
30
vehicle as hereinafter provided for except as herein otherwise specifically
provided.
Every owner of a motor vehicle which comes subject to this article
between December 5 and December 4 of the following license tax year, shall
pay the license tax herein prescribed and otherwise comply with the
provisions of this article within thirty (30) days after becoming so subject.
If a town within Isle of Wight County imposes like fees and taxes on
vehicles of owners resident in the town, the owner of any vehicle subject to
the fees or taxes shall be entitled, on the owner’s displaying evidence that he
has paid the fees or taxes, to receive credit on the fees or taxes imposed by
this county to the extent of the fees or taxes he has paid to the town.
Provided, however, not more than one license plate in addition to the state
plate shall be required.
Isle of Wight County may enter into compacts for the regional
enforcement of local motor vehicle license requirements to require the
owner or operator of any motor vehicle, trailer, or semi trailer to display on
his vehicle a valid local license issued by another county, city, or town that
is a party to the regional compact, provided that the owner or operator is
required by the jurisdiction of situs, as provided in Section 58.1-3511 of the
Code of Virginia (1950), as amended, to obtain and display such license.
Sec. 11-3.1 Exception.
Notwithstanding any other provisions of this Article II, a resident of
the county who owns a motor vehicle shall not be required to pay a license
tax if such motor vehicle is stored on private property for a period not in
excess of sixty (60) days, for the purpose of removing parts for the repair of
another vehicle. In addition, nothing in this Article II shall apply to any
vehicle being held or stored by or at the direction of any governmental
authority, to any vehicle owned by a member of the armed forces on active
duty, or to any vehicle regularly stored within a structure. For purposes of
this Section 11-3.1, the term “structure” shall have the same meaning as that
ascribed to it in accordance with the Isle of Wight County Zoning
Ordinance, as it may be amended from time to time.
Sec. 11-4. Tax Year.
th
The license tax year shall commence on the fifth (5) day of December
th
of each year and shall expire on the fourth (4) day of December of each
th
succeeding year. Every license tax shall become assessable on December 5
of each and every license tax year and every license issued upon the
payment of the license tax thereon shall expire at the end of the license year
in which the same is issued. The license taxes prescribed herein shall be
th
paid for each license year not later than December 5 of each and every such
license tax year.
31
Sec. 11-5. Applications; issuance.
Every owner of a motor vehicle subject to this article shall make
application for the license herein required to the County Treasurer at such
place or places as the Treasurer may designate, upon form prescribed by the
Treasurer, containing the name and address of the owner and description of
the motor vehicle to be licensed, and, upon such form shall appear the
registration number assigned to the motor vehicle licensed hereunder and to
the owner thereof. No motor vehicle subject to this article shall be locally
licensed by the county unless and until the applicant for such license shall
have produced satisfactory evidence to the Treasurer of the county that all
personal property taxes upon the motor vehicle to be licensed have been
paid and satisfactory evidence that any delinquent motor vehicle, trailer or
semi trailer personal property taxes owing have been paid which have been
properly assessed or are assessable against the applicant by the county.
Provided, further, that no motor vehicle license shall be issued unless the
tangible personal property taxes properly assessed or assessable by Isle of
Wight County on any tangible personal property used or usable as a
dwelling titled by the Department of Motor Vehicles owned by the taxpayer
have been paid. And, provided further, that if the situs for the vehicle is
within Isle of Wight County, all personal property taxes assessed by either
the county or the town on said vehicle must be paid before licensure of such
vehicle by either the county or the town.
Sec. 11-6. Amount of tax – Generally.
A license tax of Eighteen Dollars ($18.00) for each license tax year, as
hereinafter provided for, is hereby imposed on each and every motorcycle,
motor scooter, motorbike or other motor vehicle of like design or similar
thereto to which this article is applicable, and a license tax of Twenty
Dollars ($20.00) for each license tax year, as hereinafter provided for, is
hereby imposed on each and every other kind and type of motor vehicle to
which this article is applicable. A license tax of Ten Dollars ($10.00) for
each license year, as hereinafter provided for, is hereby imposed on the
following: each National Guard license plate with “NG” and each farm truck
license plate with an “F”. Vehicles with “Farm Use” license plates are not
subject to a license fee.
Local licenses may be issued free of charge for any and all of the
following: (i) vehicles owned by volunteer rescue squads; (ii) vehicles
owned by volunteer fire departments; (iii) vehicles owned by active
members of volunteer rescue squads; (iv) vehicles owned by active members
of volunteer fire departments; (v) vehicles owned by auxiliary police
officers; (vi) vehicles owned by disabled veterans; and (vii) vehicles owned
by former prisoners of war. In the case of active members of volunteer
rescue squads, volunteer fire departments and auxiliary police officers,
applications for such licenses shall be accompanied by written evidence, in a
32
form acceptable to the Isle of Wight County Treasurer, of their active
membership, and no member shall be issued more than one such license free
of charge.
Sec. 11-7. Same – Proration; Refunds.
In no event shall an owner of a motor vehicle subject to this article be
entitled to proration or refund of the license tax.
Sec. 11-8. Same – Upon sale or transfer of licensed vehicle.
Any owner of a motor vehicle who sells or transfers a motor vehicle
subject to this article and simultaneously therewith acquires another motor
vehicle subject to this article in such owner’s name shall, upon application
to the Treasurer on forms prescribed by the Treasurer containing the name
and address of the owner, the registration number of the license previously
issued for and a description of the motor vehicle for which such license had
been issued and the name and address of the owner and a description of the
motor vehicle so acquired to be licensed and the payment to the Treasurer of
a license tax as so set forth in Section 11-6 above, be issued another license
and registration number for each motor vehicle so acquired; provided, that
the motor vehicle for which such license and registration number are to be
issued and upon which the same are to be used shall be titled and registered
in the name of the owner to whom the license and registration number was
originally issued.
Sec. 11-9. Records.
The Isle of Wight County Treasurer shall keep a record of each license
tax paid, license issued, and registration number given, along with the name
and address of the owner of the motor vehicle to whom such license is
issued and a description of the motor vehicle for which such license is
issued.
Sec. 11-10. Enforcement of article generally.
This article shall be enforced by the Sheriff, Deputy Sheriffs and all
police officers of the county and may also be enforced by the Virginia State
Police, all of whom are hereby authorized and empowered to issue the
summons or notice for violations of this article.
Sec. 11-11. Arrests and warrants.
Whenever any person is arrested for a violation of any provision of
this article, the arresting officer shall take the name and address of such
person and the license number of his motor vehicle and issue a summons or
otherwise notify such person in writing to appear at a time and place to be
specified in such summons or notice, such time to be at least five (5) days
33
after such arrest unless the person arrested shall demand an earlier hearing.
Such arresting officer shall thereupon and upon the giving by such person of
his written promise to appear at such time and place forthwith release him
from custody. Any person refusing to give such written promise to appear
shall be taken immediately by the arresting officer before an officer
authorized to issue criminal warrants and admit to bail in the county. Such
authorized officer, if he has reasonable grounds upon which to believe that
the person arrested has violated any of the provisions of this article, shall
issue a warrant for such violation. The person arrested shall be released if
no warrant is issued or upon entering into a recognizance with surety or
giving his personal recognizance and depositing, or causing to be deposited,
in cash the amount of bail required to be furnished with such judicial officer.
Such judicial officer shall give an official receipt for funds so deposited.
Sec. 11-12. Certain unlawful acts enumerated.
It shall be unlawful for any person subject to this article:
(a) To operate a motor vehicle subject to this article upon the public
th
streets, highways and roads in the county, after December 5 of each and
every license tax year, without first paying the license tax prescribed herein;
(b) To willfully violate any written promise, given in accordance
with this article to appear at the time, place and before the county designated
in any written summons or notice issued pursuant to and for any violation of
this article and which shall be in addition to and regardless of the disposition
of the charge upon which he was originally summoned; or
(c) To make and file a false application for a license or a false
affidavit.
Sec. 11-13. Late Payments; Collections; Penalties.
Any person failing to properly pay the license tax set forth herein shall
be subject to late payment penalties and/or a collection fee of Thirty Dollars
($30) as may be reasonably determined by the Isle of Wight County
Treasurer.
Any person violating any of the provisions of this article shall be
deemed guilty of a Class 4 misdemeanor (as defined by the Code of
Virginia), and, upon conviction thereof, shall be punished by fine not to
exceed Two Hundred Fifty Dollars ($250.00). A violation of this article
may be discharged by payment of a fine except upon presentation of
satisfactory evidence that the required license tax has been paid.
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.
34
Chairman Ivy called for a public hearing on the following:
Ordinance to amend Chapter 15, Taxation, Article IV, Electric and
Natural Gas Consumers Tax.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised; however, the Ordinance contained in the agenda
reflected inaccurate decimal numbers, which he has corrected to be .014766
per kilowatt hour for electric and .1867 per cubic feet for gas.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor or in opposition.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND
CHAPTER 15. TAXATION.
ARTICLE IV. ELECTRIC AND NATURAL GAS CONSUMERS TAX.
SECTION 15-11. ELECTRIC UTILITY CONSUMER TAX.
AND
SECTION 15-12. LOCAL NATURAL GAS UTILITY CONSUMER TAX
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of Isle of Wight County, Virginia, that Chapter 15, Taxation,
Article IV, Electric and Natural Gas Consumers Tax, Section 15-11, be
amended to read as follows:
Sec. 15-11. Electric Utility Consumer Tax.
(a) In accordance with Virginia Code Section 58.1-3814 it is hereby
imposed and levied a monthly tax on each purchase of electricity delivered
to consumers by a service provider, classified as determined by such
provider, as follows:
(1) Residential consumers: Such tax shall be twenty percent
(20%) times the minimum monthly charge imposed by the service provider
plus the rate of $.015626 on each kWh delivered monthly to residential
consumers by the service provider, not to exceed $3.00 monthly.
(2) Non-residential consumers: Such tax on non-residential
consumers shall be at the rates per month for the classes of non-residential
consumers as set forth below:
35
(i) Commercial/Industrial consumers: Such tax shall be
twenty percent (20%) times the minimum monthly charge imposed by the
service provider plus the rate of $.014766 on each kWh delivered monthly,
not to exceed $200.00 per month.
(3) The conversion of tax, pursuant to this ordinance, to
monthly kWh delivered shall not be effective before the first meter reading
after December 31, 2000; prior to which time the tax previously
imposed by this jurisdiction shall be in effect.
(b) Exemptions: The following consumers of electricity are exempt
from the tax imposed by this Section.
(1) Any public safety agency as defined in Virginia Code
Section 58.1-3813.1.
(2) The United States of America, the Commonwealth and the
political subdivisions thereof, including this jurisdiction.
(3) Any property owned and exclusively occupied or used by
churches or religious bodies for religious worship or for the residences of
their ministers, as permitted by Virginia Code Section 58.1-3816.2.
(c) Billing, collection and remittance of tax: The service provider
shall bill the electricity consumer tax to all users who are subject to the tax
and to whom it delivers electricity and shall remit the same to this
jurisdiction on a monthly basis. Such taxes shall be paid by the service
provider on a monthly basis. Such taxes shall be paid by the service
provider to this jurisdiction in accordance with Virginia Code Section 58.1-
3814, paragraphs (F) and (G), and Virginia Code Section 58.1-2901. If any
consumer receives and pays for electricity but refuses to pay the tax imposed
by this section, the service provider shall notify this jurisdiction of the name
and address of such consumer. If any consumer fails to pay a bill issued by
a service provider, including the tax imposed by this section, the service
provider must follow its normal collection procedures and, upon collection
of the bill or any part thereof, must apportion the net amount collected
between the charge for electric service and the tax and remit the tax portion
to this jurisdiction.
Any tax paid by the consumer to the service provider shall be deemed
to be held in trust by such provider until remitted to this jurisdiction.
(d) Computation of bills not on monthly basis: Bills shall be
considered as monthly bills, for the purposes of this ordinance, if submitted
12 times per year at approximately one month each. Accordingly, the tax for
a bi-monthly bill (approximately 60 days) shall be determined as follows: (i)
the kWh will be divided by two (2); (ii) a monthly tax will be calculated
36
using the rates set forth above; (iii) the tax determined by (ii) shall be
multiplied by two (2); (iv) the tax in (iii) may not exceed twice the monthly
“maximum tax”.
AND BE IT FURTHER ORDAINED THAT Chapter 15, Taxation,
Article IV, Electric and Natural Gas Consumers Tax, Section 15-12, be
amended to read as follows:
Sec. 15-12. Local Natural Gas Utility Consumer Tax.
(a) In accordance with Virginia Code Section 58.1-3814, there is
hereby imposed and levied a monthly tax on each purchase of natural gas
delivered to consumers by pipeline distribution companies and gas utilities
classified by “class of consumers” as such term is defined in Virginia Code
Section 58.1-3814 (J), as follows:
(1) Residential consumers: Such tax on residential consumers
of natural gas shall be twenty percent (20%) times the minimum monthly
charge imposed by the service provider plus the rate of $0.1867 per CCF
delivered monthly to residential consumers, not to exceed $3.00 per month.
(2) Non-residential consumers: Such tax on non-residential
consumers shall be at the rates per month shown on each CCF delivered by a
pipeline distribution company or a gas utility for the classes as set forth
below:
(i) Commercial/Industrial consumers: Such tax shall be
twenty percent (20%) times the minimum monthly charge imposed by the
service provider plus the rate of $0.15716 on each CCF delivered monthly to
commercial/industrial consumers, not to exceed $200.00 per month.
(3) The conversion of tax, pursuant to this ordinance, to
monthly CCF delivered shall not be effective before the first meter reading
after December 31, 2000; prior to which time the tax previously imposed by
this jurisdiction shall be in effect.
(b) Exemptions. The following consumers of natural gas shall be
exempt from the tax imposed by this Section.
(i) Any public safety agency as defined in Virginia
Code Section 58.1-3813.1.
(ii) The United States of America, the Commonwealth
and the political subdivisions thereof, including this jurisdiction.
(iii) Any property owned and exclusively occupied or
used by churches or religious bodies for religious worship or for the
37
residences of their ministers as permitted by Virginia Code Section 58.1-
3816.2.
(c) Billing, collection and remittance of tax: The service provider
shall bill the natural gas consumer tax to all users who are subject to the tax
and to whom it delivers natural gas and shall remit the same to this
jurisdiction on a monthly basis. Such taxes shall be paid by the service
provider on a monthly basis. Such taxes shall be paid by the service
provider to this jurisdiction in accordance with Virginia Code Section 58.1-
3814, paragraphs (H) and (I), and Virginia Code Section 58.1-2901. If any
consumer receives and pays for natural gas billed but refuses to pay the tax
imposed by this section, the service provider shall notify this jurisdiction of
the name and address of such consumer. If any consumer fails to pay a bill
issued by a service provider, including the tax imposed by this section, the
service provider must follow its normal collection procedures and, upon
collection of the bill or any part thereof, must apportion the net amount
collected between the charge for natural gas and the tax and remit the tax
portion to this jurisdiction.
Any tax paid by the consumer to the service provider shall be deemed to be
held in trust by such provider until remitted to this jurisdiction.
(d) Computation of bills not on monthly basis: Bills shall be
considered as monthly bills, for the purposes of this ordinance, if submitted
12 times per year at approximately one month each. Accordingly, the tax for
a bi-monthly bill (approximately 60 days) shall be determined as follows: (i)
the CCF will be divided by two (2); (ii) a monthly tax will be calculated
using the rates set forth above; (iii) the tax determined by (ii) shall be
multiplied by two (2); (iv) the tax in (iii) may not exceed twice the monthly
“maximum tax”.
This ordinance is to take effect on all electric and gas utility bills on or
st
after the 1 day of July 2007.
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:
Ordinance to Amend Chapter 7, Fire Protection, Article III, Open
Burning.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised. He advised that the proposed Ordinance meets the
approval of the State Air Pollution Control Board and any change to be
made by the Board must be resubmitted to the State Air Pollution Control
Board before the Board could approve it. He further advised that he had
38
received calls from Clare Kimmel and Mrs. Coon and addressed their
concerns prior to the meeting.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Clare Kimmel inquired the reasoning behind why the Ordinance was
created, i.e., air quality issue versus safety? She further inquired what is
done with any collected wood. She requested clarification that the $25
permit fee only applies to those individuals with debris waste and landfill
waste and the timeframe in which burning efforts can and can not be
performed. She asked if there is any plan in the future for County pick-up.
Ms. Ring verified that air quality is the main reason why the
Ordinance is being proposed.
Supervisor Clark commented that the County is too large and rural for
pick-up services. He advised Ms. Kimmel that the County is in the process
of implementing a new chipper program and that she could dispose of her
wood at any of the local convenience centers.
Supervisor Bradshaw commented that Section 7-8, Enforcement of the
Fire Code, appears to give the enforcement of the fire code to the Director of
Emergency Services. He requested Interim County Attorney Burton and
County Administrator Caskey investigate and provide written clarification to
the Board regarding whether or not the Director of Emergency Services can
supersede the Fire Chief.
Chairman Ivy recommended that the job responsibilities of the
Director of Emergency Services be reviewed during the Strategic Plan. He
commented that he sees the real problem being the inability of the County to
enforce the Virginia Statewide Fire Prevention Code.
Supervisor Wright commented that the various volunteer fire and
rescue personnel have saved the County countless dollars and the Board
should be very careful not to agitate the Volunteer Fire and Rescue
Association members.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance and
direct Interim County Attorney Burton and County Administrator Caskey
brief the Board on Section 7-8 and how it applies to the inner-workings with
the County’s various fire organizations:
ANORDINANCETOAMEND
CHAPTER7.FIREPROTECTION.
39
ARTICLEIII.OPENBURNING.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, is committed to ensuring the safety and security of its citizens and
their property within Isle of Wight County; and
WHEREAS, it is the intent of the Board of Supervisors to provide for
such safety and security by enacting fire protection regulations that are
effective in preventing loss of life or property;
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter 7. Fire Protection. Article I. Section 7-1.1
of the Isle of Wight County Code is hereby rescinded and the remaining
sections of Section 7-1.1 renumbered accordingly; and
BE IT FURTHER RESOLVED by the Isle of Wight County Board of
Supervisors that Chapter 7. Fire Protection. Article III. Open Burning. be
amended as follows:
Article III. Open Burning.
Sec. 7-5. Purpose.
The purpose of this Article III is to protect public health, safety and
welfare by regulating open burning within Isle of Wight County, Virginia to
achieve and maintain, to the greatest extent practicable, a level of air quality
that will provide comfort and convenience while promoting economic and
social development. This Article III is intended to supplement the
applicable regulations promulgated by the State Air Pollution Control Board
and other applicable regulations and laws.
Sec. 7-6. Fire Code Adoption.
Pursuant to the provisions of Section 27-97 of the Code of Virginia
(1950, as amended), those provisions contained within the Virginia
Statewide Fire Prevention Code relating to open burning, fire lanes,
fireworks and hazardous materials are hereby adopted.
Sec. 7-7. Definitions.
(a) For purposes of this Chapter 7, Article III, the following words
or phrases shall have the meaning given to them in this section:
(1) “Automobile graveyard” means any lot or place that is
exposed to the weather and upon which more than five (5) motor vehicles of
any kind, incapable of being operated, and that it would not be economically
practical to make operative, are placed, located or found.
40
(2) “Built-up area” means any area with a substantial portion
covered by industrial, commercial or residential buildings.
(3) “Clean burning waste” means waste that is not prohibited
to be burned under this ordinance and that consists only of (i) 100% wood
waste, (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv)
100% mixture of only any combination of wood waste, clean lumber, clean
wood or yard waste.
(4) “Clean lumber” means wood or wood products that have
been cut or shaped and include wet, air-dried and kiln-dried wood products.
Clean lumber does not include wood products that have been painted,
pigment-stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol and creosote.
(5) “Clean wood” means uncontaminated natural or untreated
wood. Clean wood includes, but is not limited to, byproducts of harvesting
activities conducted for forest management or commercial logging, or mill
residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It
does not include wood that has been treated, adulterated, or chemically
changed in some way; treated with glues, binders or resins; or painted,
stained, or coated.
(6) “Construction waste” means solid waste that is produced
or generated during construction, remodeling, or repair of pavements,
houses, commercial buildings and other structures. Construction waste
consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes,
concrete, and metal and plastics if the metal or plastics are a part of the
materials of construction or empty containers for such materials. Paints,
coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids,
and garbage are not construction wastes and the disposal of such materials
must be in accordance with the regulations of the Virginia Waste
Management Board.
(7) “Debris waste” means wastes resulting from land-clearing
operations. Debris wastes include but are not limited to stumps, wood,
brush, leaves, soil and road spoils.
(8) “Demolition waste” means that solid waste which is
produced by the destruction of structures or their foundations, or both, and
includes the same materials as construction waste.
(9) “Garbage” means readily putrescible discarded materials
composed of animal, vegetable or other organic matter.
(10) “Hazardous waste” means “hazardous waste” as described
in 9 VAC 20-60, Hazardous Waste Management Regulations.
41
(11) “Household waste” means any waste material, including
garbage, trash and refuse derived from households. For purposes of this
Article III, households include single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas. Household wastes do not include
sanitary waste in septic tanks (septage) that is regulated by state agencies.
(12) “Industrial waste” means any solid waste generated by a
manufacturing or industrial process that is not a regulated hazardous waste.
Such waste may include, but is not limited to, waste resulting from the
following manufacturing processes: electric power generation;
fertilizer/agricultural chemicals; food and related products/by products;
inorganic chemicals; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing/foundries; organic chemicals;
plastics and resins manufacturing; pulp and paper industry; rubber and
miscellaneous plastic products; stone, glass, clay and concrete products;
textile manufacturing; transportation equipment; and waste treatment. This
term does not include mining waste or oil and gas waste.
(13) “Junkyard” means an establishment or place of business
which is maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile graveyard,
and the term shall include garbage dumps and sanitary landfills.
(14) “Landfill” means a sanitary landfill, an industrial waste
landfill, or a construction/demolition/debris landfill as such terms are
defined under the Solid Waste Management Regulations located in Title 9,
Agency 20, Chapter 80, Section 10 of the Virginia Administrative Code.
(15) “Local landfill” means any landfill located within Isle of
Wight County.
(16) “Open burning” means the combustion of solid waste
without:
(i) control of combustion air to maintain adequate
temperature for efficient combustion;
(ii) containment of the combustion reaction in an
enclosed device to provide sufficient residence time and mixing for
complete combustion; and
(iii) control of the combustion products’ emission.
(17) “Open pit incinerator” means a device used to burn waste
for the primary purpose of reducing the volume by removing combustible
matter. Such devices function by directing a curtain of air at an angle across
the top of a trench or similarly enclosed space, thus reducing the amount of
42
combustion by-products emitted into the atmosphere. The term includes
trench burners, air curtain incinerators and over draft incinerators.
(18) “Refuse” means all solid waste products having the
characteristics of solids rather than liquids and that are composed wholly or
partially of materials such as garbage, trash, rubbish, litter, residues from
clean-up of spills or contamination or other discarded materials.
(19) “Salvage operation” means any operation consisting of a
business, trade or industry participating in salvaging or reclaiming any
product or material, such as, but not limited to, reprocessing of used motor
oils, metals, chemicals, shipping containers or drums, and specifically
including automobile graveyards and junkyards.
(20) “Sanitary landfill” means an engineered land burial facility
for the disposal of household waste that is so located, designed, constructed,
and operated to contain and isolate the waste so that it does not pose a
substantial present or potential hazard to human health or the environment.
A sanitary landfill also may receive other types of solid wastes, such as
commercial solid waste, nonhazardous sludge, hazardous waste from
conditionally exempt small quantity generators, construction, demolition, or
debris waste and nonhazardous industrial solid waste.
(21) “Smoke” means small gas-borne particulate matter
consisting mostly, but not exclusively, of carbon, ash and other material in
concentrations sufficient to form a visible plume.
(22) “Special incineration device” means an open pit
incinerator, conical or teepee burner, or any other device specifically
designed to provide good combustion performance.
(23) “Wood waste” means untreated wood and untreated wood
products, including tree stumps (whole or chipped), trees, tree limbs (whole
or chipped), bark, sawdust, chips, scraps, slabs, millings and shavings.
Wood waste does not include:
(i) grass, grass clippings, bushes, shrubs and clippings
from bushes and shrubs from residential, commercial/retail, institutional, or
industrial sources as part of maintaining yards or other private or public
lands;
(ii) construction, renovation or demolition wastes; or
(iii) clean lumber.
(24) “Yard waste” means grass, grass clippings, bushes, shrubs
and clippings from bushes and shrubs that come from residential,
commercial/retail, institutional, or industrial sources as part of maintaining
43
yards or other private or public lands. Yard waste does not include (i)
construction, renovation and demolition wastes or (ii) clean wood.
Sec. 7-8. Enforcement of Fire Code.
The Isle of Wight County Director of Emergency Services is hereby
appointed as fire official for purposes of this Chapter 7, Article III and shall
be vested with the authority to enforce those provisions of the Virginia
Statewide Fire Prevention Code, or such other more restrictive regulations,
as the Isle of Wight County Board of Supervisors may deem appropriate.
Sec. 7-9. Certain Open Burning Prohibited During Certain Hours Between
February 15 and April 30.
During the period beginning February 15 and ending April 30 of each
year, it shall be unlawful in the County for any person to set fire to, or to
procure another to set fire to, any brush, leaves, grass, debris or field
containing dry grass or other inflammable material capable of spreading fire,
located in or within three hundred feet of any woodland, brushland or field
containing dry grass or other inflammable material between the hours of
12:00 midnight and 4:00 p.m.
Sec. 7-10. Prohibitions on Open Burning.
(a) No owner or other person shall cause or permit open burning or
the use of a special incineration device for the destruction of refuse except
as provided in this Chapter 7, Article III.
(b) No owner or other person shall cause or permit open burning or
the use of a special incineration device for the destruction of rubber tires,
asphaltic materials, crankcase oil, impregnated wood or other rubber or
petroleum based materials except when conducting bona fide fire fighting
instruction at fire fighting training schools having permanent facilities.
(c) No owner or other person shall cause or permit open burning or
the use of a special incineration device for the destruction of hazardous
waste or containers for such materials.
(d) No owner or other person shall cause or permit open burning or
the use of a special incineration device for the purpose of a salvage
operation or for the destruction of commercial/industrial waste.
(e) Other than permitted under Section 7-12(c) below, no owner or
other person shall cause or permit open burning of debris waste within: (i) a
single-family residential subdivision of more than five (5) lots platted at the
same time or any other improvements associated with such subdivision; or
(ii) any other lot designated for multi-family or any other non-residential
use.
44
(f) Open burning or the use of special incineration devices
permitted under the provisions of this Chapter 7, Article III does not exempt
or excuse any owner or other person from the consequences, liability,
damages or injuries that may result from such conduct; nor does it excuse or
exempt any owner or other person from complying with other applicable
laws, ordinances, regulations and orders of the governmental entities having
jurisdiction, even though the open burning is conducted in compliance with
this Chapter 7, Article III. In this regard, special attention should be
directed to Section 10.1-1142 of the Code of Virginia (1950), as amended,
the regulations of the Virginia Waste Management Board, and the State Air
Pollution Control Board’s Regulations for the Control and Abatement of Air
Pollution.
(g) Upon declaration of an alert, warning or emergency stage of an
air pollution episode as described in 9 VAC 5-70-10 et. seq. or when
deemed advisable by the State Air Pollution Control Board to prevent a
hazard to, or an unreasonable burden upon, public health or welfare, no
owner or other person shall cause or permit open burning or use of a special
incineration device; and any in process burning or use of special incineration
devices shall be immediately terminated in the designated air quality control
region.
Sec. 7-11. Exemptions.
(a) The following activities are exempted to the extent covered by
the State Air Pollution Control Board’s Regulations for the Control and
Abatement of Air Pollution:
(1) Open burning for training and instruction of government
and public fire fighters under the supervision of the designated official and
industrial in-house fire fighting personnel;
(2) Open burning for camp fires or other fires that are used
solely for recreational purposes, for ceremonial occasions, for outdoor
noncommercial preparation of food, and for warming of outdoor workers;
(3) Open burning for the destruction of any combustible liquid
or gaseous material by burning in a flare or flare stack;
(4) Open burning for forest management and agriculture
practices approved by the State Air Pollution Control Board; and
(5)Open burning for the destruction of classified military
documents.
Sec. 7-12. Permissible open burning.
45
(a) Open burning is permitted on-site for the destruction of leaves
and tree, yard and garden trimmings located on the premises of private
property by the residents of such property, provided that the following
conditions are met:
(1) The burning takes place on the premises of the private
property;
(2) The location of the burning is not less than 300 feet from
any occupied building unless the occupants have given prior permission,
other than a building located on the property on which the burning is
conducted; and
(3) No regularly scheduled public or private collection service
for such trimmings is available at the adjacent street or public road.
(b) Open burning is permitted for the disposal of household waste
by homeowners or tenants, provided that the following conditions are met:
(1) The burning takes place on the premises of the dwelling;
(2) Animal carcasses or animal wastes are not burned;
(3) Garbage is not burned;
(4) The location of the burning is not less than 300 feet from
any occupied building unless the occupants have given prior permission,
other than a building located on the property on which the burning is
conducted; and
(5) No regularly scheduled public or private collection service
for such refuse is available at the adjacent street or public road.
(c) Open burning is permitted on-site for destruction of debris waste
resulting from the development or modification of roads and highways by or
authorized by the Virginia Department of Transportation, railroad tracks,
pipelines, power and communication lines, sanitary landfills, or from other
public clearing operations that may be approved by the Isle of Wight County
Board of Supervisors, provided that the following conditions are met:
(1) All reasonable effort shall be made to minimize the
amount of material burned, with the number and size of the debris piles
approved by the Isle of Wight County Director of Emergency Services;
(2) The material to be burned shall consist of brush stumps
and similar debris waste and shall not include demolition material;
46
(3) The burning shall be at least 500 feet from any occupied
building unless the occupants have given prior permission, other than a
building located on the property on which the burning is conducted;
(4) The burning shall be conducted at the greatest distance
practicable from highways and air fields;
(5) The burning shall be attended at all times and conducted to
ensure the best possible combustion with a minimum of smoke being
produced;
(6) The burning shall not be allowed to smolder beyond the
minimum period of time necessary for the destruction of the materials; and
(7) The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area.
(d) Open burning is permitted for destruction of debris on the site of
local landfills provided that the burning does not take place on land that has
been filled and covered so as to present an underground fire hazard due to
the presence of methane gas provided that the following conditions are met:
(1) The burning shall take place on the premises of a local
sanitary landfill that meets the provisions of the regulations of the Virginia
Waste Management Board;
(2) The burning shall be attended at all times;
(3) The material to be burned shall consist only of brush, tree
trimmings, yard and garden trimmings, clean burning waste, clean burning
debris waste, or clean burning demolition waste;
(4) All reasonable effort shall be made to minimize the
amount of material that is burned; and
(5) No materials may be burned in violation of the regulations
of the Virginia Waste Management Board or the State Air Pollution Control
Board.
The exact site of the burning on a local landfill shall be established in
coordination with the regional director and Isle of Wight County Director of
Emergency Services; no other site shall be used without the approval of
these officials. The Isle of Wight County Director of Emergency Services
shall be notified of the days during which the burning will occur.
(e) Sections 7-12(a) through 7-12(d) notwithstanding, no owner or
other person shall cause or permit open burning or the use of a special
incineration device during May, June, July, August, or September.
47
Sec. 7-13. Permits.
(a) When open burning of debris waste in accordance with Section
7-12(c) or open burning of debris on the site of a local landfill in accordance
with Section 7-12(d) is to occur within Isle of Wight County, the person
responsible for the burning shall obtain a permit from the Director of
Emergency Services prior to the burning. Such a permit may be granted
only after confirmation by the Director of Emergency Services that the
burning can and will comply with the provisions of this ordinance and any
other conditions that are deemed necessary to ensure that the provisions of
the State Air Pollution Control Board’s Regulations for the Control and
Abatement of Air Pollution. The permit may be issued for each occasion of
burning or for a specific period of time deemed appropriate by the Director
of Emergency Services.
(b) Prior to the initial installation (or reinstallation, in cases of
relocation) and operation of special incineration devices, the person
responsible for the burning shall obtain a permit from the Director of
Emergency Services, such permits to be granted only after confirmation by
the Director of Emergency Services that the burning can and will comply
with the applicable provisions in Regulations for the Control and Abatement
of Air Pollution and that any conditions are met which are deemed necessary
by the Director of Emergency Services to ensure that the operation of the
devices will not endanger the public health and welfare. Permits granted for
the use of special incineration devices shall at a minimum contain the
following conditions:
(1) All reasonable effort shall be made to minimize the
amount of material that is burned. Such efforts shall include, but are not
limited to, the removal of pulpwood, sawlogs and firewood.
(2) The material to be burned shall consist of brush, stumps
and similar debris waste and shall not include demolition material.
(3) The burning shall be at least 300 feet from any occupied
building unless the occupants have given prior permission, other than a
building located on the property on which the burning is conducted; burning
shall be conducted at the greatest distance practicable from highways and air
fields. If the Director of Emergency Services determines that it is necessary
to protect public health and welfare, he may direct that any of the above
cited distances be increased.
(4) The burning shall be attended at all times and conducted to
ensure the best possible combustion with a minimum of smoke being
produced. Under no circumstances should the burning be allowed to
smolder beyond the minimum period of time necessary for the destruction of
the materials.
48
(5) The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area.
(6) The use of special incineration devices shall be allowed
only for the disposal of debris waste, clean burning construction waste, and
clean burning demolition waste.
(c) An application for a permit under subsections (a) and (b) of this
Section shall be accompanied by a processing fee of Twenty-Five Dollars
($25.00) per permit.
Sec. 7-14. Notice.
In order to protect the health and safety of the other citizens of Isle of
Wight County, all citizens engaged in open burning are encouraged to call
the Isle of Wight County Emergency Communications Center to advise the
County of that citizen’s intent to engage in open burning practices. It is the
intention of the Isle of Wight County Board of Supervisors that such notice
will reduce the number of unnecessary dispatches of Isle of Wight County
fire fighting personnel. The failure of a citizen to notify the Emergency
Communications Center prior to or during an open burning shall not, unless
otherwise provided herein, constitute a violation of this ordinance.
Sec. 7-15. Penalties.
Except as provided in Section 7-14, any person violating any
provisions of this Chapter 7, Article III shall be guilty of a class 1
misdemeanor.
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 County Attorney and the County
Administrator brief the Board of Supervisors on Section 7-8 of the Fire
Protection Ordinance and how that applies with the workings of the
volunteer fire 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.
Chairman Ivy called for a public hearing on the following:
Ordinance to Amend Chapter 2, Administration, Article V,
Community Development Authorities.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
49
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor or in opposition.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
ANORDINANCETOAMEND
CHAPTER2.ADMINISTRATION.
WHEREAS, the Virginia Water and Waste Authorities Act, Chapter
51, Title 15.2, Code of Virginia (1950, as amended) (the “Act”) empowers
any county, by ordinance, to elect to assume the power to consider petitions
for the creation of community development authorities in accordance with
the Act; and
WHEREAS, following a public hearing held in accordance with the
Act, the Board of Supervisors of Isle of Wight County has determined that it
is in the best interest of Isle of Wight County, Virginia (the “County”) for
the County to elect to assume such power to consider petitions for the
creation of community development authorities.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 2. Administration. of the Isle of
Wight County Code be amended by adding the following:
Article V. Community Development Authorities.
For state law as to authority of county to consider the creation of
community development authorities, see Code of Va., § 15.2-5152.
Sec. 2-14. Generally.
(a) The County hereby elects to assume the power to consider
petitions for the creation of community development authorities in
accordance with the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2, Code of Virginia (1950, as amended).
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:
50
Ordinance to Amend Chapter 6, Erosion and Sediment Control.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor or in opposition.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
EROSION AND SEDIMENT CONTROL ORDINANCE
Adopted May 20, 2004
Amended April 19, 2007
AI.IG
RTICLE N ENERAL
Section 6-1 Purpose of Chapter.
The purpose of this chapter is to provide for, both during and
following development, the control of erosion and sedimentation, and to
establish procedures for the administration and enforcement of such
controls.
It is the intent of this chapter to be an adjunct to Appendix A and
Appendix B of this Code wherein such apply to the development and
subdivision of land within the county or such apply to development on
previously subdivided land within the county. (6-30-75, §§ 1, 2; 7-18-91.)
Section 6-2 Relationship to the Chesapeake Bay Preservation Area
Ordinance.
Any development or development activity, as defined in Section
3002.F of the Chesapeake Bay Preservation Area Ordinance, on a lot, parcel
or tract of land under the jurisdiction of said ordinance shall be in
compliance with the provisions of this chapter or the Chesapeake Bay
Preservation Area Ordinance, whichever is more restrictive. (7-18-91.)
Section 6-3 Definitions.
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
51
Administrator. The official designated by the Board of Supervisors to
serve as its agent to administer this chapter. The Administrator is also
referred to in this ordinance as the program administrator.
Agreement in lieu of a plan. A contract between the plan-approving
authority and the owner, which specifies conservation measures that must be
implemented in the construction of a single-family residence; this contract
may be executed by the plan-approving authority in lieu of a formal site
plan.
Applicant. Any person submitting an erosion and sediment-control
plan for approval or requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
Board. The Virginia Soil and Water Conservation Board.
Certified inspector. An employee or agent of a program authority who
(i) holds a certificate of competence from the Board in the area of project
inspection or (ii) is enrolled in the Board’s training program for project
inspection and successfully completes the program within one year after
enrollment.
Certified plan reviewer. An employer or agent of a program authority
who (i) holds a certificate of competence from the Board in the area of plan
review, or (ii) is enrolled in the Board’s training program for plan review
and successfully completes the program within one year after enrollment, or
(iii) is licensed as a professional engineer, architect, certified landscape
architect or land surveyor pursuant to Article 1 (section 45.1-400 et seq.) of
Chapter 4 of Title 54.1 of the Code of Virginia as amended.
Certified program administrator. An employee or agent of a program
authority who (i) holds a certificate of competence from the Board in the
area of program administration or (ii) is enrolled in the Board’s training
program for program administration and successfully completes the program
within one year after enrollment.
Clearing. Any activity which removes the vegetative ground cover
including but not limited to root mat removal or topsoil removal.
Department or DCR. The Virginia Department of Conservation and
Recreation.
District or Peanut Soil and Water Conservation District. A political
subdivision of this Commonwealth organized in accordance with the
provisions of Articles 3 (section 10.1-506, et seq.) of Chapter 5 of Title 10.1
of the Code of Virginia as amended.
52
Erosion and Sediment Control Plan. A document containing material
for the conservation of soil and water resources of a unit or group of units of
land. It may include appropriate maps, an appropriate soil and water plan
inventory and management information with needed interpretations, and a
record of decisions contributing to conservation treatment. The “plan” shall
contain all major conservation decisions to assure that the entire unit or
units of lands will be so treated to achieve the conservation objectives.
Erosion impact area. An area of land not associated with current land-
disturbing activity but subject to persistent soil erosion resulting in the
delivery of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land ten thousand (10,000)
square feet or less used for residential purposes or shorelines where erosion
results from wave action or other coastal processes.
Excavating. Any digging, scooping or other methods of removing
earth material.
Filling. Any depositing or stockpiling of earth materials.
Grading. Any excavating or filling of earth materials or any
combination thereof, including the land in its excavated or filled condition.
Land-disturbing activity. Any land change which may result in soil
erosion from water or wind and movement of sediments into state waters or
onto lands in the Commonwealth, including, but not limited to, clearing,
grading, excavating, transporting and filling of land, except that the terms
shall not include:
1.Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
2.Individual service connections;
3.Installation, maintenance or repair of any underground public utility
lines when such activity occurs on an existing hard-surfaced road,
street or sidewalk provided the land-disturbing activity is confined to
the area of the road, street or sidewalk which is hard-surfaced;
4.Septic tank lines or drainage fields, unless included in an overall plan
for land-disturbing activity relating to construction of the building to
be served by the septic tank system;
5.Surface or deep mining activities authorized under a permit issued by
the Department of Mines, Minerals and Energy;
6.Exploration or drilling for oil and gas, including the well site, roads,
feeder lines and off-site disposal areas;
53
7.Tilling, planting or harvest of agricultural, horticultural or forest crops,
or livestock feedlot operations, including engineering operations and
agricultural engineering as follows: construction of terraces, terrace
outlets, check dams, desilting basins, dikes, ponds not required to
comply with the Dam Safety Act, Article 2, (Sec. 10.1-604 et seq.) of
Chapter 6, ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage and land irrigation;
however, this exception shall not apply to harvesting of forest crops
unless the area on which harvesting occurs is reforested artificially or
naturally in accordance with the provisions of Chapter 11 (Sec. 10.1-
1100 et seq.) of this title or is converted to bona fide agricultural or
improved pasture use as described in subsection B of Section 10.1-
1163;
8.Repair or rebuilding of the tracks, right-of-way, bridges,
communication facilities and other related structures and facilities of a
railroad company;
9. Disturbed land area of less than ten thousand (10,000) square feet in
size or two thousand five hundred (2,500) square feet in the
Chesapeake Bay Watershed.
10.Installation of fence and sign posts or telephone and electric poles and
other kinds of posts or poles;
11.Shoreline erosion control projects on tidal waters when all of the land
disturbing activities are within the regulatory authority of and
approved by local wetlands boards, the Marine Resources Commission
or the United States Army Corps of Engineers; however, any
associated land that is disturbed outside of this exempted area shall
remain subject to this article and the regulations adopted pursuant
thereto; and
12.Emergency work to protect life, limb or property, and emergency
repairs; however, if the land-disturbing activity would have required
an approved erosion and sediment control plan if the activity were not
an emergency, then the land area disturbed shall be shaped and
stabilized in accordance with the requirements of the plan-approving
authority.
Land-disturbing permit. A permit issued by the county for clearing,
filling, excavating, grading or transporting, or any combination
thereof.
Local erosion and sediment control program or local control
program. An outline of the various methods employed by a district or
locality to regulate land-disturbing activities and thereby minimize
54
erosion and sedimentation in compliance with the State Program and
may include such items as local ordinances, policies and guidelines,
technical materials, inspection, enforcement and evaluation.
Owner. The owner or owners of the freehold of the premises or
lesser estate therein, a mortgagee or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee or other person, firm or
corporation in control of a property.
Permittee. The person to whom the permit authorizing land-
disturbing activities is issued or the person who certifies that the
approved erosion and sediment control plan will be followed.
Person. Any individual, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission,
board, public or private institution, utility, cooperative, county, city,
town, or any other political subdivision of the Commonwealth, any
interstate body, or any other legal entity.
Plan approving authority. Shall mean the County of Isle of Wight
Engineering Division, as may be assisted by consulting services,
responsible for determining the adequacy of a conservation plan
submitted for land-disturbing activities on a unit or units of lands and
for approving the plan.
Program authority. The County of Isle of Wight, which has
adopted a soil erosion and sediment control program that has been
approved by the Board.
Responsible Land Disturber. Means individual from the project or
development team, who will be in charge of and responsible for
carrying out land-disturbing activity covered by an approved plan or
agreement in lieu of a plan, who (i) holds a Responsible Land
Disturber certificate of competence, (ii) holds a current certificate of
competence from the Board in the areas of Combined Administration,
Program Administration, Inspection, or Plan review, (iii) or is licensed
in Virginia as a professional engineer, architect, certified landscape
architect or land surveyor pursuant to Article 1 (Sec. 45.1-400 et seq.)
of Chapter 4 of Title 54.1.
Single-family residence. For the purposes of this ordinance, a
noncommercial dwelling that is occupied exclusively by one family.
State Erosion and Sediment Control Program or State Program.
The program administered by the Board pursuant to the State Code
including regulations designed to minimize erosion and sedimentation.
55
State waters. All waters on the surface and under the ground
wholly or partially within or bordering the Commonwealth or within
its jurisdictions.
Subdivision. The division or redivision of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, shall transfer of
ownership, or building or lot development. The term “subdivision”
shall also mean the following:
(a)Any development of a parcel of land which involves installation
of sanitary sewers, storms sewers, water mains, gas main or
pipes, or other appropriate facilities for the use, whether
immediate or future, of the owners or occupants of the land, or
of the building abutting thereon.
(b)Any development of a parcel of land involving two or more
principal structures or involving shopping centers, multiple-
dwelling projects and the like which the installation of streets
and/or alleys, even though the streets and alleys may not be
dedicated to public use and the parcel may not be divided for
purposes of conveyance, transfer or sale.
(c) The term “subdivision” includes resubdivision and, as
appropriate in this chapter, shall refer to the process of
subdividing the land or to the land subdivided. For the
purposes of this chapter, the following transactions shall be
excluded:
(1) Any sale or other transfer of bulk property for
agricultural, horticultural or silvicultural purposes not
involving any new street (the granting of a right-of-way
for access shall not be deemed to involve any new
street);
(2) Any division of property handed down by court action;
(3) The sale, exchange of other transfer of parcels between
adjoining lots owners, where it does not create
additional building sites or make existing lots of lesser
width or area than required by this chapter.
Town. An incorporated town.
Transporting. Any moving of earth materials from one place to another,
other than such movement incidental to grading, when such movement
results in destroying the vegetative ground cover, either by tracking or the
56
buildup of earth materials to the extent that erosion and sedimentation will
result from the soil or earth materials over which such transporting occurs.
(6-30-75, § 3; 7-15-82; 7-18-91; 10-16-97.)
Section 6-4. Local Erosion and Sediment Control Program
Pursuant to Section 10.1-562 of the Code of Virginia, the Isle of Wight
County Board of Supervisors hereby adopts the regulations, references,
guidelines, standards and specifications promulgated by the Board for the
effective control of soil erosion and sediment deposition to prevent the
unreasonable degradation of properties, stream channels, waters and other
natural resources. Said regulations, references, guidelines, standards and
specifications for erosion and sediment control are included in, but not
limited to, the “Virginia Erosion and Sediment Control Regulations” and the
Virginia Erosion and Sediment Control Handbook, as amended.
Before adopting or revising regulations, the County Board of
Supervisors shall give due notice and conduct a public hearing on the
proposed or revised regulations.
Pursuant to Section 10.1-561.1 of the Code of Virginia, an erosion
control plan shall not be approved until it is reviewed by a certified plan
reviewer. Inspections of land-disturbing activities shall be conducted by a
certified inspector. The Erosion Control Program of Isle of Wight County
shall contain a certified program administrator, a certified plan reviewer, and
a certified inspector, who may be the same person, or an individual or
consulting firm under contract with the County.
The Isle of Wight County Board of Supervisors hereby designates the
Engineering Division as the plan-approving authority under the direction of
the Administrator. The program and regulations provided for in this
ordinance shall be made available for public inspection in the Engineering
Division.
Section6-5. Duties of Administrator.
Administration, inspection and enforcement of this chapter shall rest with
the Administrator. (6-30-75, § 6; 7-18-91.)
Section 6-6. Administrative appeal and judicial review of decisions.
Final decision of the Administrator or plan approving authority under
this chapter shall be subject to review by the County Board of Zoning
Appeals; provided, that an appeal is filed within thirty (30) days from the
date of any written decision by the Administrator or the plan approving
authority.
57
Final decision of the Board of Zoning Appeals under this chapter shall
be subject to review by the Circuit Court of Isle of Wight County; provided,
that an appeal is filed within thirty days from the date of the final written
decision of the board of zoning appeals. (6-30-75 § 12; 7-18-91.)
Section 6-7. Effect of compliance with chapter on legal proceedings.
Compliance with the provisions of this chapter shall be prima facie
evidence, in any legal or equitable proceeding for damages caused by
erosion, silt-ation or sedimentation, that all requirements of law have been
met and the complaining party must show negligence in order to recover any
damages. (6-30-75, § 14; 7-18-91.)
Article II Plans.
Section 6-8. Required.
Except as provided for in section 6-3, pertaining to definitions, no
person may engage in any land-disturbing activity until such person has
submitted to the Engineering Division an erosion and sediment control plan
for the land disturbing activity and such plan has been approved by the plan-
approving authority.
Where the land disturbing activity results in the construction of a
single-family residence, an “Agreement in lieu of a plan” may be substituted
for an erosion and sediment control plan if executed by the plan-approving
authority. An Agreement in lieu of a plan for any lot under the jurisdiction
of the Chesapeake Bay Preservation Area Ordinance shall include the name,
certification number and contact information of a Responsible Land
Disturber.
Where land-disturbing activities involve lands under the jurisdiction
of more than one local control program, an erosion and sediment control
plan may, at the option of the applicant, be submitted to the Board for
review and approval rather than to each jurisdiction concerned. (6-30-75 §
2; 7-18-91; 10-16-97.)
Section 6-9. Form and contents.
Erosion and sediment control plans shall detail those methods and
techniques to be utilized in the control of erosion and sedimentation.
As a minimum, the erosion and sediment control plan shall follow the
minimum criteria of the Virginia Erosion and Sediment Control Law (Title
10.1, Chapter 5, Article 4, Code of Virginia) and accompanying regulations.
The standards contained within the “Virginia Erosion and Sediment
Control Regulations”, the “Virginia Erosion and Sediment Control
58
Handbook”, the “Virginia Stormwater Management Handbook” and the
“Hampton Roads Stormwater Management Handbook”, as may be amended,
shall be used by the applicant when making a submittal under the provisions
of this ordinance and in preparation of an erosion and sediment control plan.
The Plan approving authority, in considering the adequacy of a submitted
plan, shall be guided by the same standards, regulations and guidelines.
When standards vary between publications, the State regulations shall take
precedence.
Section 6-10 Submission.
Five copies of the erosion and sediment control plan shall be
submitted to the Administrator. (6-30-75, § 5; 7-18-91.)
Section 6-11 Approval, etc.
The plan-approving authority shall, within 45 days, approve any
such plans, if it is determined that the plan meets the requirements of
the local control program, and if the person responsible for carrying
out the plan certifies that he or she will properly perform the erosion
and sediment control measures included in the plan and will conform
to the provisions of this ordinance.
The plan shall be acted upon within 45 days from receipt thereof
by either approving said plan in writing or disapproving said plan in
writing with specific reasons for its disapproval.
When the plan is determined to be inadequate, the plan-approving
authority shall specify such modifications, terms and conditions that
will permit approval of the plan. If no action is taken within 45 days,
the plan shall be deemed approved and the person authorized to
proceed with the proposed activity.
In order to prevent further erosion, the Administrator may require
approval of a plan for any land identified in the local program as an
erosion impact area.
When land disturbing activity will be required of a contractor
performing construction work pursuant to a construction contract, the
preparation, submission, and approval of an erosion and sediment
control plan shall be the responsibility of the owner.
Electric, natural gas and telephone utility companies, interstate and
intrastate natural gas pipeline companies and railroad companies shall
file general erosion and sediment control specifications annually with
the Board for review and written comments. The specifications shall
apply to:
59
1.Construction, installation or maintenance of electric, natural gas
and telephone utility lines, and pipelines: and,
2.Construction of the tracks, rights of way, bridges,
communication facilities and other related structures and
facilities of the railroad company.
Individual approval of separate projects within subdivision 1 or
2 of this subsection is not necessary when Board approved
specifications are followed; however, projects included in subdivisions
1 or 2 must comply with Board approved specifications. Projects not
included in subdivision 1 and 2 of this subsection shall comply with
the requirements of the Isle of Wight County Erosion and Sediment
Control Program.
State agency projects are exempt from the provisions of this
ordinance except as provided for in the Code of Virginia, Section
10.1-564 (1950, as amended). State agency projects are reviewed and
approved by DCR.
Section 6-12. Amendments.
An approved plan may be changed by the authority that
approved it in the following cases:
1.Where inspection has revealed that the plan is inadequate to
satisfy applicable regulations; or
2.Where the person responsible for carrying out the approved
plan finds that because of changed circumstances or for other
reasons the approved plan cannot be effectively carried out,
and proposed amendments to the plan, consistent with the
requirements of this chapter, are agreed to by the plan-
approving authority and the person responsible for carrying
out the plan. (7-18-91.)
Article III. Land –Disturbing Permit.
Section 6-13. Prerequisite bond, etc.
All control measures required by the provisions of this chapter shall be
undertaken at the expense of the owner or his agent, and pending such actual
provision thereof, the owner or his agent shall execute and file with the
Administrator, prior to issuance of the land disturbing permit, an agreement
and bond or agreements and bonds in an amount determined by the
Administrator equal to the approximate total cost of providing erosion and
sedimentation control improvements plus ten percent (10%), with surety
approved by the County Attorney, guaranteeing that the required control
60
measures will be properly and satisfactorily undertaken. A surety
administration fee, as outlined by Table 3 of the County Fee Schedule for
Zoning Applications, shall be paid prior to issuance of the land disturbing
permit. The Administrator may waive the surety administration fee.
Within sixty days of the adequate stabilization of the land-disturbing
activity, as determined by the permit-issuing authority, such bond, cash
escrow letter of credit or other legal arrangement or the unexpended or
unobligated portion thereof shall be refunded to the owner or his agent or
terminated, as the case may be.
Should the applicant fail, after proper notice, within the time specified
to initiate or maintain appropriate conservation action, which may be
required of him by the approved plan as a result of his land-disturbing
activity, the permit-issuing authority may take such conservation action at
the applicant’s expense. If the permit-issuing authority takes such
conservation action upon such failure by the permittee, the agency may
collect from the permittee an amount equal to the difference between the
amount of the reasonable cost of such action and the amount of the security
held. (6-30-75 § 9; 7-18-91.)
Section 6-14 Issuance; fees.
No person shall engage in any land-disturbing activity, as defined in
section 6-3, within the county until he has acquired a land-disturbing permit
and paid a fee for same to the county in the amount of twenty-five dollars
($25) per acre of land disturbed, with a one hundred dollar ($100) minimum.
No land disturbing permit shall be issued until the applicant submits with
his application an approved erosion and control plan and certification that
the plan will be followed.
Agencies authorized under any other law to issue grading, building or
other permits for activities involving land disturbing activities may not issue
any such permit unless the applicant submits with his application an
approved erosion and sediment control plan and certification that the plan
will be followed.
Issuance of a land-disturbing permit is conditioned on receiving an
approved erosion and sediment control plan and certification that the plan
will be followed at the time of application for such permit and, in addition,
the requirements of Section 6-13 concerning a performance bond, cash
escrow, letter of credit, any combination thereof, or such other legal
arrangement as is acceptable under the provision of Section 6-13 and to the
fees herein levied for land-disturbing activities. In addition, as a
prerequisite to issuance of a land disturbing permit, the person responsible
for carrying out the plan shall provide the name of the Responsible Land
Disturber, who shall be in charge of and responsible for carrying out the land
disturbing activity, in accordance with the approved plan.
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An Engineering Services Agreement, as adopted by the Board of
Supervisors, shall be executed at the time of filing erosion and sediment
control plans. (6-30-75, § 10; 5/16-91; 5-16-91; 7-18-91; 2-4-92; 10-16-97.)
These requirements are in addition to all other provisions related to the
issuance of permits and are not intended to otherwise affect the requirement
for such permits.
Section 6-15. Monitoring, reports and inspections.
The Administrator or his designee shall provide for periodic
inspections of the land-disturbing activity and may require monitoring and
reports from the Responsible Land Disturber or other person responsible for
carrying out the plan to insure compliance with the approved plan and to
determine whether the measures required in the plan are effective in
controlling erosion and sediment. An inspection shall be made during or
immediately following the initial installation of erosion and sediment
controls, at least once in every two-week period, within forty-eight hours
following any runoff-producing storm event, and at the completion of the
project prior to the release of any performance bonds. In lieu of these
inspections, inspections may be made in accordance with an Alterative
Inspection Program approved by the Board.
The Program Authority’s right to entry to conduct such inspections
shall be expressly reserved in the permit. The owner, occupier or operator
shall be given an opportunity to accompany the inspector. If the
Administrator or his designee determines that there is a failure to comply
with the plan, notice shall be served upon the applicant or person
responsible for carrying out the plan by registered or certified mail to the
address specified in the permit application or in the plan certification, or by
delivery at the site of the land-disturbing activities to the agent or employee
supervising such activities. The notice shall specify the measures needed to
comply with the plan and shall specify the time within which such measures
shall be completed. Upon failure to comply within the specified time, the
permit may be revoked and the permittee or person responsible for carrying
out the plan shall be deemed to be in violation of this chapter and, upon
conviction, shall be subject to the penalties provided by this chapter.
Upon determination of violation of this chapter, the Administrator or
his designee either may, in conjunction with or subsequent to a notice to
comply as specified in this chapter, issue an order requiring that all or part
of the land-disturbing activities permitted on the site be stopped until the
specified corrective measures have been taken. Where the alleged
noncompliance is causing or is in imminent danger of causing harmful
erosion of lands or sediment deposition in waters within the watersheds of
the Commonwealth, such an order may be issued without regard to whether
the permittee has been issued a notice to comply as specified in this chapter.
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Otherwise, such an order may be issued only after the applicant has failed to
obey a previous notice to comply. The order shall be served in the same
manner as a notice to comply, and shall remain in effect for a period of
seven days from the date of service pending application by the County or
permit holder for appropriate relief to the Circuit Court of Isle of Wight.
Upon completion of corrective action, the order shall immediately be lifted.
Nothing in this section shall prevent the Administrator or his designee from
taking any other action authorized by this chapter. (7-18-91.)
Section 6-16. Penalties, injunctions and other legal action.
(a)Violators of this chapter shall be guilty of a Class 1 misdemeanor.
(b)In addition, the governing body may petition the Circuit Court of
Isle of Wight for injunctive relief to enjoin a violation or threatened
violation of this chapter, without the necessity of showing that an
adequate remedy at law does not exist.
(c)In addition to any criminal penalties provided under this chapter,
any person who violates any provision of this chapter may be liable
to the county, or the Board, as appropriate, in a civil action for
damages.
(d) Without limiting the remedies which may be obtained in this
section, any person violating or failing, neglecting or refusing to
obey any injunction, or other remedy obtained pursuant to this
section shall be subject, in the discretion of the court, to a civil
penalty not to exceed two thousand dollars ($2,000) for each
violation.
(e) With the consent of any person who has violated or failed,
neglected or refused to obey any regulations or any condition of a
permit or any provision of this article, the plan-approving or
permit-issuing authority may provide, in an order issued by the
plan-approving authority or permit-issuing authority against such
person, for the payment of civil charges for violations in specific
sums, not to exceed the limit specified in subsection (d) of this
section. Such civil charges shall be instead of any appropriate civil
penalty, which could be imposed under subsection (d) of this
section. (6-30-75 § 13; 7-15-82; 7-18-91; 10-16-97.)
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:
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Deed of Bargain and Sale for the consideration of the sale of portion of
County-owned property to the Isle of Wight Ruritan Club.
Interim County Attorney Burton certified that the matter had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
William Bell, Treasurer of the Isle of Wight Ruritan Club, noted that
the well is sitting on the property line and the Board’s approval will allow
the Club to make improvements in the future.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved the Board authorize the Chairman to
execute the Deed of Bargain and Sale on behalf of 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 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.
//
Chairman Ivy called for 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.
Chairman Ivy called the meeting back to order. 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 the continuation of Appointments.
Supervisor Bradshaw moved to appoint Don Hill to the Community
Criminal Justice 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.
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//
Chairman Ivy called for Old Business.
Chairman Ivy briefed the Board on the status of the Pinewood Heights
Memorandum of Understanding with the Town of Smithfield. He stated that
he was provided a plat of the property for James and Washington Streets at
the last Smithfield Town Council meeting. He stated the following Tuesday,
staff held a meeting to discuss the initial options of that property. He stated
staff also conducted interviews with the YMCA, Paul D. Camp Community
College and the Smithfield Library. He stated that staff found that the two
(2) buildings were in good condition and could be utilized for further
activities and that the organizations they interviewed had expansion plans
for that property. He stated, in addition, the property on James and
Washington Streets is being utilized on a consistent basis for events such as
parades and other activities. He stated staff concurred that utilizing the
property in that way was not the proper use of the land and that this was
going to continue to be a problem into the future. He stated the loss of green
space in that amount in a Development Service District or Historic District
is critical to the quality of life for citizens in the community.
Supervisor Brown commented that to relocate Pinewood Heights
across the street would be ill advised. He stated there are other locations
that can be utilized for the expansion of the Paul D. Camp Community
College facility that would be better because it would be located closer to the
Smithfield High School and P. D. Pruden where shared services could be
utilized. He stated Habitat for Humanity has requested an architect to
review iterations of houses that would fit into the community.
Chairman Ivy commented that there is the potential for some homes
on the property, but not on the entire property as there is a portion that is not
currently being utilized behind the Children’s Center, for a total of three (3)
lots, which was identified at the Town meeting.
Supervisor Brown stated Habitat for Humanity has already completed
one (1) home behind the Children’s Center and the architect for that
organization has already developed a preliminary plan for the houses so that
they fit into the appearance of that community. He stated parking normally
occurs on the other side of the building and there is currently sufficient
space for the development of parking spaces behind the Paul D. Camp
facility, the Library and the YMCA.
Supervisor Clark commented that those organizations are not actively
approaching the Board seeking expansion. He noted if they do have needs,
they should be proactive and communicate them to the Board.
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Chairman Ivy requested County Administrator Caskey to schedule an
Intergovernmental Relations Committee meeting with the Town of
Smithfield. The agenda should specifically be related to the Pinewood
Heights Relocation Project, to include the property at James and
Washington Streets.
Supervisor Bradshaw recommended that the appropriate individuals
involved in the relocation meet and the Town Council needs to take a formal
position as to what it needs the County to do and once staff receives that, it
should provide its position to the Board for consideration.
Supervisor Bradshaw moved that the Interim County Attorney be
directed to simplify the Ordinance on Motor Vehicles Licenses to
specifically state that residents of the County who claim Virginia as their
domiciliary State are subject to County taxes. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion.
//
Chairman Ivy called for New Business.
Supervisor Clark moved that Emily Haywood, Director of Human
Resources, be directed to meet with the Victim Witness Coordinator, Carol
Rhodes, to review her current job duties as compared to other comparable
jurisdictions. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion.
Supervisor Bradshaw moved that the Victim Witness Coordinator’s
request for additional funding be considered in conjunction with the other
items contained in the Appendix section of the budget on Page 127 that
were removed so that all items can be reviewed collectively. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion.
//
County Administrator Caskey reminded the Board that its Town
Meeting is scheduled for Saturday, April 21, 2007 at 10:00 a.m. at the
Carrollton Elementary School. He noted that before the end of the meeting
tonight he will be distributing a draft agenda. He requested the Board
advise him of any changes.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.7 of the Freedom of Information Act concerning
consultation with legal council requiring the provision of legal advice
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pertaining to the Benns Grant project; pursuant to Section 2.2-
3711.3711.A.7 concerning consultation with legal council requiring the
provision of legal advice pertaining to the Founders Point Chesapeake Bay
violation; pursuant to Section 2.2-3711.3711.A.7 concerning consultation
with legal council requiring the provision of legal advice pertaining to an
unclaimed body; pursuant to Section 2.2-3711.3711.A.7 concerning
consultation with legal council requiring the provision of legal advice
pertaining to three (3) personnel matters pertaining to specific public
officials; and pursuant to Section 2.2-3711.A.7 concerning consultation with
legal council requiring the provision of legal advice pertaining to personnel
of a specific public official, an agreement relating thereto.
Supervisor Bradshaw moved the Board enter the Closed Meeting for
the reasons stated by the Interim County Attorney. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of 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.
Supervisor Bradshaw 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, 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
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
Supervisor Wright moved that the County Attorney draft an Ordinance
to ban the use of plastic retail shopping bags in Isle of Wight 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 County staff develop a resolution
honoring the students at Virginia Tech. 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.
//
At 10:20 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
__________________________
Thomas R. Ivy, Chairman
______________________
Carey Mills Storm, Clerk
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