11-15-2007 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF NOVEMBER IN THE
YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
Thomas J. Wright, III
Phillip A. Bradshaw
ABSENT: James B. Brown, Jr.
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Ivy called the meeting to order at 6:00 p.m.
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Supervisor Clark delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Ivy called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney?s Report, amend the dates of the
Alliance, Texas trip, Item #3, to Wednesday, November 28, 2007 until
Friday, November 30, 2007; under the County Attorney?s Report, remove
Item #4, Call of Special Meeting, Board of Supervisors? Retreat; under
County Administrator?s Report, add a grant application for a Multi-Modal
Planning Grant; under General Services, add an emergency contract with
Tolar Construction to construct eight (8) manholes for $50,000; under
Special Presentations, add Item (C), Board comments regarding Steven
Wright, Director of Economic Development; under the County Attorney?s
report, add one (1) Closed Meeting item; under New Business, authorize the
transfer of $3,000 from the Board?s Contingency line item to the appropriate
line item in the Emergency Services Department?s budget; under the
General Services report, add an item concerning the Carrsville water system
update, per Supervisor Bradshaw; under the Consent Agenda, remove Item
(A), per Supervisor Bradshaw; under Old Business, add an item concerning
Consumer Utility Tax exemptions for charitable organizations, per
Supervisor Bradshaw; and, under New Business, add an item concerning the
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Eastern Virginia Health Care Systems, an item concerning the Department
of Social Services and an item concerning the VACo Conference, per
Supervisor Bradshaw.
Supervisor Clark moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
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Chairman Ivy called for Special Presentations/Appearances.
Judy C. Wells, Treasurer, advised the Board that the Treasurer?s
office, in cooperation with the Commissioner of Revenue?s office, will be
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extending its hours of operation by one (1) hour beginning December 3
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through December 5, 2007 in order to assist taxpayers with paying their
personal property and real estate taxes. She noted that an advertisement will
be placed in the Smithfield Times, The Tidewater News and the Daily Press
and on the County?s website and PEG channel.
Chairman Ivy advised Ms. Wells that he wanted to discuss the
feasibility of twice-a-year payment of property taxes in lieu of the Isle Pre-
Pay Program later in the meeting.
Lynn B. Briggs, Executive Administrator (Research, Technology and
Planning) and Joshua Spaugh, Director of Technology, Isle of Wight County
Public Schools, provided an update regarding ongoing technology efforts
within the school system.
Supervisor Bradshaw advised that the outside lights at the Windsor
High School gym and parking area are in need of replacement. He requested
that Ms. Briggs and Mr. Spaugh pass this information along to the school?s
maintenance department.
Steven J. Wright, Director of Economic Development, expressed his
appreciation to the Board for the opportunity he was afforded to work for the
County. He stated the County has a bright future and he will miss the
business community and staff as he begins his tenure with the City of
Chesapeake.
Mr. Wright?s visionary talent was recognized by the Board and he was
thanked for his many contributions during his tenure with the County.
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Chairman Ivy called for Regional reports.
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Supervisor Bradshaw advised that he had been elected First Vice-
President of the Virginia Association of Counties.
Supervisor Clark reported that the Hampton Roads Planning District
Commission and the Hampton Roads Transportation Authority are
discussing whether or not to hire one (1) person to oversee both
organizations or divide Art Collins? position up in response to his
resignation.
With respect to the Western Tidewater Regional Jail Authority,
Supervisor Wright reported that he, Sheriff Phelps and Sheriff Isaac met
with Senator Quayle to discuss why the Commonwealth is deducting
funding for Federal inmates. He noted that Senator Quayle will report back
in the near future on his findings.
County Administrator Caskey reported that the Southeastern Public
Service Authority Board (SPSA) received a report from its consultant, R. W.
Beck, advising that the regional landfill is the most cost effective option as
compared to the cost of using private haulers and a private landfill. He
further reported that the SPSA Board of Directors, at its recent Retreat,
discussed its Strategic Plan and waste flow control and the Executive
Director was instructed to continue to provide direction and increase the
educational efforts for the region on flow control.
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Chairman Ivy called for Transportation Matters.
Chairman Ivy advised those in attendance that the Route
620/Restriction on Through Trucks public hearing had been omitted from
the Board?s agenda; however, it had been properly advertised in the
newspapers. He requested those present that wished to speak come forward
and submit their comments at this time.
D. D. Darden of 16429 Bowling Green Road requested the Board not
restrict through truck traffic on Route 620 because it could be costly to the
agricultural industry. She advised that there are currently two (2)
agricultural suppliers in the Town of Ivor that are heavily depended upon
and Route 620 is heavily used for hauling these commodities back and forth.
She advised that bridge restrictions on secondary roads could make it more
difficult to reach certain farms and service representatives may add a
surcharge for having to travel along detours to make these deliveries. She
stated large trucks traveling on narrow back roads and increased truck traffic
on Route 258 present safety concerns.
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Supervisor Bradshaw distributed a proposed draft resolution to Interim
County Attorney Burton exempting agricultural and silvicultural operations
for his review prior to the Board?s consideration.
Supervisor Clark recommended that the resolution also be forwarded
to VDOT for review.
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Chairman Ivy called for Citizens Comments.
LaGrant Williams, Operations Manager, Allied Waste, was present to
discuss all concerns expressed by residents that have been addressed by
Allied. He advised that an additional truck and crew have been added to
increase the level of service and in order to get the trucks back in prior to the
arrival of darkness. He advised that Allied?s pick-up schedule for the
holidays has been sent to Mr. Robertson for placement on the County?s
website and PEG channel and that Allied is also advertising the schedule in
the local newspapers.
Patricia Sowell of 31456 See-Gar Drive in Carrsville addressed the
Board concerning the proposed Camptown School Park, a model of which is
on display in the Administration Building lobby for the next several weeks.
Supervisor Bradshaw moved that the matter of the Camptown School
Park be added as an item for discussion under New Business. The motion
was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent from the meeting.
Alonzo Woodard of 13551 Courthouse Highway, in response to a
number of accidents which have occurred at the curve on Route 258 at
Champion Swamp, submitted a list containing seventy (70) signatures of
persons who also share his safety concern about that section of roadway. He
notified the Board that a child who lives across the road from him must
cross the roadway at a posted speed limit of 55 mph and that he was recently
informed that the School Board is concerned with that particular bus stop, as
well as certain others. He recommended that VDOT evaluate the feasibility
of a complete speed reduction at that location and that a signal light be
installed at the intersection of Route 258 and Route 620.
Supervisor Bradshaw advised that straightening of dangerous curves
along Route 258 from Smithfield to the Courthouse has always been a Board
priority; however, the State continues to fail to allocate new funding sources
for transportation. He encouraged all residents to contact the General
Assembly members and express their concerns.
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Chairman Ivy moved that County Administrator Caskey be directed to
list the matter under New Business on the Board?s December 13, 2007
agenda so that the matter could be revisited to determine if anything can be
done at that time as an interim fix; that staff be directed to obtain the
accident incident rate for that location so that it can be approached from a
public safety factor and not just a maintenance improvement factor; and, that
staff also obtain information on the school bus routes and number of stops
on that section of highway. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;
no Supervisors voting against the motion; and, Supervisor Brown absent
from the meeting.
Supervisor Clark moved that the Board direct staff to convey to the
school system the Board?s concern as a result of a comment expressed by a
citizen regarding the safety of this school bus stop and any bus stop located
in that area and that the School Board revisit this as it sees fit and take
action as quickly as possible to alleviate unsafe conditions. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent from the meeting.
Cara Daniels of 228 Lane Crescent in Smithfield noted concern with
personal property tax bills being issued on an annual basis. She
recommended that other options be made available to citizens, such as bi-
annual payments, as they are due at another time of the year other than in the
month of December.
Chairman Ivy referred Ms. Daniels to the Commissioner of Revenue
and Treasurer?s offices so that she could obtain information regarding the
program entitled ?Isle Pre-Pay,? which allows individuals to prepay their
taxes four (4) times a year. He further advised that he may be proposing in
the near future that residents have the ability to pay on a bi-annual basis.
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Chairman Ivy called for Board comments.
The Board offered no comments.
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Chairman Ivy called for the County Attorney?s report.
Interim County Attorney Burton requested that the Board authorize his
office to advertise Chapter 14A Stormwater Management Program for public
hearing at the Board?s December 13, 2007 meeting.
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Chairman Ivy moved that the Board authorize the County Attorney?s
office to advertise the matter for public hearing at the Board?s December 13,
2007 meeting. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
Interim County Attorney Burton reminded the Board of a special
meeting with the Virginia Department of Conservation and Recreation on
November 20, 2007 at 7:00 p.m. at the Paul D. Camp Workforce
Development Center in Franklin to consider making a segment of the
Blackwater River a part of the Virginia Scenic Rivers.
Interim County Attorney Burton notified the Board of a special
meeting called by Chairman Ivy for the Board to visit the Intermodal Park in
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Alliance, Texas, which will be held on Wednesday, November 28 through
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Friday, November 30, 2007.
Supervisor Clark moved that the Board amend its previous motion to
set the Board?s Retreat on December 3, 2007 at 4:00 p.m. at The Smithfield
Center and that it be changed to 3:00 p.m. on December 13, 2007. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,
Ivy and Wright voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Brown absent from the meeting.
Chairman Ivy requested County Administrator Caskey to ensure that
the Towns of Smithfield and Windsor are invited and that they be advised of
the new date for the Board?s retreat.
Interim County Attorney Burton recalled that the Board had previously
been provided a copy of the Board?s Rules of Procedure at its meeting on
October 4, 2007 for its review. He requested that the Board relay to him any
proposed changes for incorporation into the Rules prior to the Board?s
organizational meeting of January 3, 2008.
Interim County Attorney Burton advised that the following items have
been scheduled for public hearing later in the meeting: An Ordinance to
Amend and Reenact the Isle of Wight County Code Chapter 4. Buildings.
Article III. Inspections. Division 2. Fees when Building Permit Required.
By Revising, Section 4-8. Construction, Repair or Alteration of Buildings or
Structure; Section 4-10. Electrical Services; and, Section 4-10.1
Mechanical and Gas Fees; Renewal of Lease of Property known as the
Johnson Farm; an Ordinance to Amend and Reenact Chapter 8, Garbage,
Weeds and Litter Section 8-15. Certain Refuse Not Acceptable; and, an
Ordinance to Amend and Reenact the Isle of Wight County Code, Chapter 7.
Fire Protection,. Article III. Open Burning. By Adding a New Section.
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Interim County Attorney Burton advised that he had one (1) item to
discuss with the Board in Closed Meeting.
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Chairman Ivy called for the Parks and Recreation report.
Patrick J. Small, Assistant County Administrator, advised that the Fort
Huger project is anticipated to be complete by the end of November 2007.
He further advised that a meeting has been set with the Committee and a
date for the grand opening of the project would be selected at that time.
Supervisor Clark requested that staff and the Committee be formally
recognized following completion of the project.
Chairman Ivy requested Assistant County Administrator Small to get
with Tourism relative to publicity for the project and its opening.
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Chairman Ivy called for the General Services report.
E. Wayne Rountree, P.E., Director of General Services, addressed the
issue of the Sanitary Sewer Overflow (SSO) Consent Order, stating that the
Environmental Protection Agency (EPA) is demanding a great deal of staff
time from localities to produce copies of documents that are accomplishing
the same thing that the State Consent Order is accomplishing.
Interim County Attorney Burton advised the Board that he had
recently participated in a four (4) hour conference call with the EPA
regarding the original action taken against the Hampton Roads Sanitation
District (HRSD) relative to them entering into a Federal Consent Decree and
the issuance of Section 308 letters requiring localities to produce large
amounts of records material. He advised that the EPA had also not denied
that enforcement actions might be taken against the various jurisdictions,
including the County.
Supervisor Bradshaw moved that the Board approve the agreement
with Timmons Group in the amount of $98,800. The motion was adopted
by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting
in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
Supervisor Clark moved that the Board direct staff to draft a statement
regarding what the Board wants done so that the Chairman can take the
statement to the Mayors and Chairs regional meeting for distribution to all
elected officials of the other cities and counties. The motion was adopted by
a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in
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favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
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Supervisor Bradshaw, noting that the time was 7:00 p.m., moved that
the Board amend the order of its agenda in order to conduct the public
hearings. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
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Chairman Ivy called for a public hearing on the Route 620/Restriction
on Through Trucks.
Chairman Ivy called for persons to speak in favor of or in opposition to
the restriction.
D. D. Darden of 16429 Bowling Green Road spoke in opposition
under the Transportation section of the agenda earlier in the meeting.
Steve Russell, General Manager of Prescription Fertilizer, advised that
Route 620 is that company?s major route to Smithfield and the Pons area
because of the low-weight bridges along Mill Swamp Road and that the
prohibition of trucks from traveling along Route 620 will be a problem for
that company, as well as the agricultural community as a whole. He
requested that agricultural businesses be exempted from the restriction on
truck traffic.
Chris Edwards of Four Square Road advised that his company?s dump
trucks travel Route 620 frequently because of weight-restricted bridges in
the County. He advised that he pays $33,450 in fuel taxes to the State and
Federal governments annually and that being restricted from traveling along
Route 620 will add ten (10) miles per day per trip for him.
Tom Alphin, Commonwealth Gin, expressed concern with having to
detour around the under-weight bridges in the County during the three (3)
months of the year that he must travel on Route 620. He requested that
agricultural businesses be exempt from the restriction on through trucks.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw made reference to a draft resolution that he had
provided to the Interim County Attorney earlier during the Transportation
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section of the agenda. He inquired if businesses located on Route 620
would be exempt as they were not traveling through.
Chairman Ivy commented that the restriction would apply to trucks
that utilize Route 620 from Route 258 and travel to Southampton on Route
460. He noted that truck getting on or off anywhere in between would not
be considered through trucks.
Kristen M. Mazur, County Engineer, added that enforcement would
also be a responsibility of local authorities.
Supervisor Clark inquired if there would be any impact to County
businesses if the Board restricts Route 620 to through vehicles under the
definition that a through trip is any trip that does business in the County is
not a through trip.
Ms. Mazur offered to research Supervisor Clark?s inquiry and report
back.
Supervisor Wright noted that fertilizer trucks traveling from Ivor to the
Edwards Farm in Smithfield must travel Route 620 and would qualify as a
through truck although they are also agricultural trucks.
Ms. Mazur explained that trucks conducting business in the County
and traveling from Route 460 at Southampton County to Route 258 are
considered through trucks, but all agricultural trucks would be exempt.
Chairman Ivy requested that Ms. Mazur include her comments relative
to the direct impact to the County at the Board?s public hearing.
Interim County Attorney Burton recommended that staff include
Supervisor Bradshaw?s proposed resolution for consideration on the Board?s
December 13, 2007 meeting.
Ms. Mazur advised that the requirement of the Commonwealth
Transportation Board is that the County advertise and hold a public hearing
and adopt a resolution. She noted that the Board could postpone adopting a
resolution until she provides it with an impact report at its December 13,
2007 meeting.
Interim County Attorney Burton commented that agriculture and
silvilcultural are exempted and the gentleman that lives on Route 620 would
not be considered a through truck because he lives on Route 620; however,
another person with a similar business who does not live on Route 620
would fall under the prohibition. He stated that is the issue that needs further
consideration.
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Supervisor Bradshaw moved that staff be directed to further
investigate the Resolution pertaining to the no-through truck traffic on Route
620 and to include the Department of Emergency Services relative to
accident incident rates along this section of roadway. A copy of the
Resolution is to be placed under Transportation Matters in the Board?s
December 13, 2007 agenda. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;
no Supervisors voting against the motion; and, Supervisor Brown absent
from the meeting.
Chairman Ivy called for a public hearing on the following:
Amendment to the Comprehensive Plan, Zoning and Subdivision
Ordinances of Isle of Wight County, Virginia to incorporate provisions
for ?by-right? cluster development in the Rural Agricultural
Conservation (RAC) zoning district as a development option in the
area of the County designated by the Comprehensive Plan as the
Rural/Agricultural Conservation District.
Beverly H. Walkup, Director of Planning and Zoning, advised that the
amendments were mandated by the General Assembly in 2006 and that in
2007 the County joined with other localities requesting that the General
Assembly reconsider the mandate for ?by-right? cluster. She noted that the
County experienced an 18.7% growth rate and has only 93 people per square
mile. She noted that it requires that a minimum of 40% of unimproved land
contained in residential and agricultural zoning districts be set aside for ?by-
right? clustering and that the proposed amendment meets the minimum 40%
requirement by designating the Rural Agricultural Conservation (RAC)
District as designated in the County?s Comprehensive Plan for ?by-right?
clustering with a density provided for under the residential zoning
classification. She noted that the area maintains the majority of land as
RAC which allows one (1) dwelling unit per parcel. She noted that the
proposed amendment allows the use of the Rural Residential (RR) density
which has two (2) options under the County?s Comprehensive Plan, the
sliding scale and the density bonus. She noted that using the sliding scale
density for the ?by-right? clustering, a minimum threshold has been set at
100 acres, which will allow four (4) lots. She continued that any additional
lots would be allowed based upon forty (40) acres increments. She stated
the Comprehensive Plan amendment allows for the density bonus option
only if affordable housing is offered as part of the development and only
where sewer is available. She advised that allowances for affordable
housing has not yet been included in the Zoning and Subdivision
Ordinances because the provisions have not yet been implemented for
affordable housing. She advised that each amendment must be voted upon
separately and included in the Board?s agenda is a suggested amendment to
clarify and ensure that any of the lots that are developed under the Cluster
Ordinance that they are developed contiguously so that the intent of
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preserving large tracks of lands for agricultural and silvicultural uses are
met.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed amendment.
Robert Duckett, Public Affairs Director with the Peninsula Housing
and Builders Association, noted that its members support the Ordinance
changes proposed and clustering because it allows the housing industry to
respond to the demands of the marketplace, while also allowing the County
to set aside meaningful sections of open space. He noted that clustering also
allows a developer to save on street construction and utilities. He referred to
Section 4-2004 in the Zoning Ordinance which stipulates ?shall require
rezoning? and noted that the existing wording is contradictory with the
proposed section that follows for clustering, sliding scale ?by-right.? He
requested assurance from the County that what is proposed tonight for the
Comprehensive Plan Zoning and Subdivision Ordinances is truly ?by-right?
clustering. He stated with respect to the requirement for a central water
system for over fourteen (14) lots, individual wells are suggested because
central water systems are extremely expensive. He recommended that the
requirements for pedestrian/bicycle connections be deleted as they are more
appropriate for new urbanism than what would be developed in the County,
which is more of a rural farm cluster. He stated clustering offers benefits to
both the housing industry and the County; however, those provisions do not
provide that benefit if the cluster option is not utilized and he would
encourage staff to keep track of how often the cluster option is utilized. He
stated he would encourage the County, in the future, to make the cluster
density bonus for affordable housing a ?by-right? option.
Pat Clark of Twin Hill Lane inquired if the tracks of land that are
already zoned RAC are impacted by the ?by-rights.?
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw advised the public that this is being forced on
the County by the State under the Dillon Rule. He added that the State has
opened up the entire County for development, regardless of the County?s
Comprehensive Plan. He commended Ms. Walkup for her assistance in the
development of restrictions in the Ordinances.
Chairman Ivy commented that because the County?s Comprehensive
Plan contains Development Service Districts, there is some leeway;
otherwise, 80% of the County?s land mass would be open for ?by-right?
development.
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Supervisor Clark commented that while clustering is a positive action
in Development Service Districts, the proposed amendments take away all of
the County?s discretion regarding where it wants clustering or density.
Ms. Walkup advised that under Section 4-2004 wherein it states ?all
proposed residential subdivisions shall have zoning,? it states ?other than
those expressly exempted in the Subdivision Ordinance, which means that
these provisions are contained in the Subdivision Ordinance which exempts
and allows for ?by-right? clustering.? She further advised that with respect
to the central water system requirement, this is also a requirement of the
Subdivision Ordinance and applies to any residential development with
fifteen (15) or more lots. She advised that under Section 4-2004(A)(1),
under the sliding scale provision, a tract of land containing a 100 acres
zoned Rural Agricultural Conservation (RAC), which is the County?s base
zoning and unless a property has been rezoned for development, then the
base zoning is RAC.
Chairman Ivy advised that it is in the County?s best interest that the
Board approve the amendments to the Comprehensive Plan versus having it
forced on the County by the legislature.
Supervisor Bradshaw moved that the Board accept the
recommendations for change to the Comprehensive Plan as presented for the
clustering, as required by the State:
RESOLUTION OF THE PLANNING COMMISSION OF ISLE OF
WIGHT COUNTY, VIRGINIA TO RECOMMEND AMENDMENT
TO THE COMPREHENSIVE PLAN
TO INCLUDE PROVISIONS FOR CLUSTER DEVELOPMENT
WHEREAS, Section 15.2-2229 of the Code of Virginia stipulates that
any amendments to a community?s Comprehensive Plan be recommended
by resolution to the governing body by the local planning commission;
WHEREAS, the proposed revision to the Comprehensive Plan is
necessitated by Section 15.2-2286.1 of the Code of Virginia to establish
provisions for clustering of single-family dwellings by designating 40% of
unimproved lands zoned residential and agricultural for ?by-right? cluster
development so as to preserve open space;
WHEREAS, the Isle of Wight County Board of Supervisors on
September 20, 2007 directed the Isle of Wight County Planning
Commission to prepare an amendment and submit it to public hearing
providing for the establishment of said amendment for ?by-right? cluster
development;
WHEREAS, the Isle of Wight County Planning Commission finds it
advisable to amend Chapter 4 of the plan to replace certain provisions
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contained under Rural Service Areas to include ?by-right? cluster
development;
WHEREAS, the Isle of Wight County Planning Commission has given
notice and held a public hearing on said amendment to the Comprehensive
Plan on October 23, 2007, after notice as required by Section 15.2-2204 of
the Code of Virginia;
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Planning Commission to recommend approval to the Board of Supervisors
of the revisions to the Isle of Wight County Comprehensive Plan as follows:
Rural Service Areas
Rural/Agricultural Conservation District
The Rural/Agricultural Conservation District is intended to maintain and
conserve rural character and farmlands in County areas consistent with
Comprehensive Plan objectives. Rural/Agricultural Conservation District
land areas are intended to provide for a full range of agricultural and farming
activities and related uses along with some low-density residential
development.
The conflicts between farming and rural non-farm development (residential)
should be minimized as the needs of farming are acknowledged and non-
farm development is accommodated as a subordinate use. When
non-agricultural land uses extend into agricultural areas, farms often become
the subject of nuisance suits. As a result, farmers are sometimes forced to
cease operations. Many others are discouraged from making investments in
farm improvements. In recognition of the farmer's ?right-to-farm? without
being restricted by neighboring residential areas, hours of operation of farm
equipment, restrictions on odor-producing fertilizers, and other restrictions
designed to limit the perceived negative impacts associated with reasonable
farming practices should not be imposed on farming activities within the
Rural/Agricultural Conservation District. The general intent of the
Rural/Agricultural Conservation District is to encourage farming and
maintain rural qualities in areas so designated in the County.
Rural/Agricultural Conservation, as a component of the Comprehensive
Plan, is not limited to traditional farming but extends to all aspects of the
County's rural character. Agricultural land refers not only to tilled fields, but
also to open fields, pastures, and woodlands, which are either prospects for
additional farm acreage or are valuable as they are for their many
contributions to the environment and to the rural appearance of the County.
Agriculturally related or support industries (farm implement dealers, supply
services, storage and processing facilities, etc.) should be permitted within
this district in recognition of the support they provide to the farming
community.
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Residential Density
Residential development and density in the Rural/Agricultural Conservation
District should be minimized to avoid future conflicts between farming
activities and rural homes. Two options are recommended for residential
density in the Rural/Agricultural Conservation District. A property owner or
developer should be able to choose the option which best suits their needs
and objectives. The first density option is based on a sliding scale approach.
Using this option, density is determined by the size of the parcel. The
second option provides property owners the incentive of higher possible
densities if certain standards of rural residential development are met.
These density bonus incentive standards include such conditions as;
development clustering, visual enhancement to reinforce rural character,
rural highway access controls, and restricting sensitive lands or agricultural
lands with conservation easements.
Sliding-Scale Approach
Under this option, the base density for lots of 20 acres or less should
automatically be one (1) dwelling unit per ten (10) acres. One (1) additional
lot should then be allowed for every additional 40 acres of original parcel
size. A 100-acre parcel, for example, would yield four (4) lots. This
provision is based on the assumption that parcels of 20 acres or less do not
typically constitute adequate land area for productive farming operations,
unless they represent specialized non-traditional farming (e.g. nurseries or
orchards). The disadvantage of this approach is that, unless managed, it will
most likely cause the creation of large lot subdivisions which are land
consumptive and do not promote conservation of agricultural lands. To off-
set this condition, property owners using the sliding-scale approach should
be encouraged to reduce lot sizes through limited clustering provisions that
require retention of 70 percent of the original tract size.
Clustering/Sliding-Scale Provision
Development utilizing the sliding scale approach will be ?by-right?
commensurate with the goals and objectives of the rural/agricultural
conservation district to maintain the County?s rural character and preserve
farmlands and forestal uses consistent with the Comprehensive Plan. The
standards governing ?by-right? development as described in the County?s
zoning and subdivision ordinances shall be consistent with the regulations
described in Section 15.2-2286.1 of the County of Virginia as amended.
The standards applicable to the clustering/sliding scale provision will reflect
the following development criteria:
?All residential lots created through the act of subdivision should be
served by one point of access to County roads.
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?Residential structures in the subdivision should be located at least
100 feet from the existing County road right-of-way and screened
from the right-of-way by an existing or planted landscaped buffer.
?All residential structures should be setback at least 100 feet from all
active farm operations.
?A central water supply system may be provided to serve the
subdivisions with over 14 lots.
?Lots can be any size desired by the owner, typically ranging from one
acre to five acres in size, provided the Health Department standards
for septic systems are satisfied.
Clustering/Density Bonus Approach
?As an alternative to the sliding scale approach and assuming public
sewer is available, property owners may opt for higher densities as a
method to achieve and provide for the County?s affordable housing
needs in the rural areas of the community. Under this approach, the
base residential density in the Rural/Agricultural Conservation
District should be one (1) dwelling unit per 10 acres with at least 50%
open space set aside, but may be increased to one (1) dwelling unit
per eight (8) acres with at least 60% open space set aside, or one (1)
dwelling unit per five (5) acres if at least 70% open space set aside.
The five (5) development criteria referenced above with the
clustering/sliding scale approach will also apply to the
clustering/density bonus approach.
Through the clustering/density bonus approach, the developer is able to
decrease lot sizes in return for setting aside permanent open space while
meeting the affordable housing needs of Isle of Wight County. This
provides many benefits including lower land costs for the lot purchaser and
decreased road construction costs since lots are grouped together as opposed
to scattered throughout the site. The community benefits through provision
of open space, farmlands and rural character.
Using this approach, a property owner with a 100-acre farm can create up to
20 lots (one (1) dwelling unit per five (5) acres) provided they are clustered
onto 30 acres of the farm and the remaining 70 acres would be left for
farming or open space. The homes would also have to be setback 100 feet
from the County road and located on a single access road with driveways.
Numerous individual drives onto County roads would not be allowed. The
homes would have to be screened from County roadway view, thereby
protecting rural character. Homes would also have to be setback from active
agricultural operations in order to minimize farming impacts on home sites.
15
The same scenario on a 40-acre property would yield eight lots on 12 acres
and would leave 28 acres in open space or farming. Average lot size for lots
on both the 100 and 40 acre parcel would be 1.5 acres.
The open space land could be left in its natural state or maintained for
farming or forestry purposes. Control of the open space land can be left with
the original property owner or dedicated to a homeowners association. Land
areas encumbered by natural development constraints such as wetlands
should be included in the open space . Minimum lot sizes for clustered
development in the Rural/Agricultural Conservation district should be a
function of soil suitability for septic tank systems.
The above described residential density provisions recognize that while rural
character and agricultural conservation are important County objectives,
there remains a need to allow farmers and rural property owners to subdivide
and sell single-family home lots as the need arises. The Plan recommends
that rural residential subdivisions be directed to areas of the
Rural/Agricultural Conservation District which have good proximity to
existing residential areas and commercial and public services. Rural
residential subdivisions should not be encouraged in remote areas where
County roads are not adequate for increased traffic or in areas where
existing agricultural activities predominate, such as in or near the County
Voluntary Agricultural and Forestal Districts.
The cluster approach described above was adopted by the County in 1997 as
part of the new Zoning Ordinance. Previously the County had received
proposals utilizing this approach or a variation of this approach, but the
Board of Supervisors had denied the requests due to their remote location
and lack of adequate roads to serve the proposed development. In 2005, the
County approved the first rural cluster that employed the Density Bonus
Approach. This development, called Lawnes Point, contains 155 lots on
1,550 acres and is located in the northern most portion of the county.
Despite a greater number of established examples of development utilizing
this approach, the County will retain this optional form of development for
the rural services areas into the foreseeable future.
The Rural/Agricultural Conservation Areas is therefore provided in the
Comprehensive Plan to preserve rural character and open space, to foster
agricultural activities and opportunities, and to protect valuable natural
resources. It is further intended to prevent premature urbanization in areas
where public utilities, roads and other public facilities are planned to meet
rural needs only and where present public programs do not propose
infrastructure suitable for development at higher densities.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
16
Supervisor Bradshaw moved that the Board approve the following
amendment to the Zoning Ordinance:
AN ORDINANCE TO AMEND
Appendix B. Zoning of the Isle of Wight County Code
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia has the legislative authority to make necessary changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the proposed revision to the Isle of Wight County Zoning
Ordinance is necessitated by Section 15.2-2286.1 of the Code of Virginia to
establish provisions for clustering of single-family dwellings by designating
40% of unimproved lands zoned residential and agricultural for ?by-right?
cluster development so as to preserve open space.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County
Code be amended as follows:
4-2000 Rural Agricultural Conservation (RAC) District
4-2001 General Description
This district is intended to preserve and protect areas of Isle of Wight
County that are presently, predominantly in agricultural use and
maintain the land base necessary to support agricultural activity. This
district is designed to protect the agricultural industry from sprawling
residential development that displaces substantial areas of agricultural
land for a small number of dwelling units. Non farm residents should
recognize that they are located in a rural agricultural environment where
the right to farm has been established as County policy.
4-2002 Permitted Uses
The following uses are permitted by right subject to all other applicable
requirements contained in this Ordinance. An asterisk (*) indicates
additional, modified or more stringent standards which are listed in
Section 5-5000, Supplementary Use Regulations, for those specific
uses.
A.Agricultural Uses
Agriculture
?
Agricultural Farming Operation
?
Grain Dryer and Related Structures
17
?
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
B. Residential Uses
*Accessory Apartment
?
Residential Accessory Apartment
Dwelling, Single Family
*Family Day Care Home
Group Home
*Guest House
*Home Occupation, Type I
*Home Occupation, Type II
*Kennel, Private
*Manufactured Home, Class A
*Manufactured Home, Class B
*Manufactured Home, Family Member Residence
*Temporary Emergency Housing
C. Civic Uses
*Cemetery
?
Private
Public Safety Service
*Utility Service/ Minor
D. Commercial Uses
*Construction Office, Temporary
18
E. Miscellaneous Uses
*Amateur Radio Tower
4-2003 Conditional Uses
The following uses are allowed only by Conditional Use Permit
pursuant to Section 1-1017, Conditional Uses. An asterisk (*)
indicating additional, modified or more stringent standards which are
listed in Section 5-5000, Supplementary Use Regulations, for those
specific uses.
A. Agricultural Uses
*Farm Employee Housing
B. Residential Uses
*Dwelling, Two-Family
*Manufactured Home, Temporary Residence
C. Civic Uses
*Adult Care Center
Assisted Living Facility
*Cemetery
?
Animal
?
Church
?
Public
*Child Care Institution
*Child Care Center
Club
*Community Center
Correctional Facility
Educational Facility, College/University
*Educational Facility, Primary/Secondary
Halfway House
Park and Ride Facility
Post Office
Public Assembly
*Public Maintenance and Service Facility
*Public Park and Recreational Area
*Religious Assembly
*Utility Service/ Major
D. Office Uses
Medical Office
19
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
*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
F. Industrial Uses
*Abattoir or Livestock Processing
Convenience Center
*Landfill, Industrial
*Landfill, Rubble
*Landfill, Sanitary
*Resource Extraction
*Scrap and Salvage Service
Transfer Station
Warehousing and Distribution
G. Miscellaneous Uses
*Alternative Discharge Sewage System
*Aviation Facility, Commercial
*Aviation Facility, General
*Aviation Facility, Private
*Communication Tower
Hunt Club
*Reconstructed Wetland
*Shooting Range, Outdoor
4-2004 Required Zoning
20
All proposed residential subdivisions on properties zoned RAC, other
than those expressly exempted in the Isle of Wight County Subdivision
Ordinance, shall require rezoning to one of the following zoning
classifications prior to final approval of the subdivision plat by the
subdivision agent: Rural Residential (RR), Suburban Estate (SE),
Suburban Residential (SR), Urban Residential (UR), Village Center
(VC), Planned Development Residential (PD-R), Planned Development
Manufactured Home (PD-MH), Planned Development Mixed Use (PD-
MX). (7-1-97)
A. Clustering/Sliding Scale ?By-Right? Provisions for Single-Family
Residential Development in the Rural Agricultural Conservation
District as designated in the Isle of Wight County Comprehensive
Plan:
1. Under the sliding scale development provision, a tract of land
containing 100 contiguous acres or greater zoned Rural
Agricultural Conservation will be allowed four (4) divisions.
One (1) additional lot or dwelling unit will be permitted for
every additional forty (40) acres encompassed by the overall
tract. For example, a one hundred forty (140) acre tract will
yield five (5) lots. Minimum permissible lot sizes shall be
encouraged so as not to allow subdivision development which
is land consumptive; however, each lot must meet the
minimum lot requirements for the Rural Agricultural
Conservation (RAC) District. (7-1-97)
B. In addition to the base density permitted above and the minimum
area, width and frontage of the underlying zoning district, the
following standards shall be met:
?All residential lots created through the act of subdivision shall be
contiguously grouped and served by one point of access to County
roads and shall comply with Section 4-4-1 (Streets) of the Isle of
Wight County Subdivision Ordinance.
?Residential structures in the subdivision shall be located at least 100
feet from the existing County road right-of-way and screened from the
right-of-way by an existing or planted landscaped buffer.
?All residential structures should be setback at least 100 feet from all
active farm operations.
?A central water supply system shall be provided to serve the
subdivisions with over 14 lots.
?The maximum lot size for any new lot created shall be ten (10) acres,
unless otherwise approved by the Board of Supervisors or required by
21
the County Health Department.
?Lots shall be located to preserve 70% of the original tract size in order
to maximize continued use of the residual parcel for agricultural and
silvicultural purposes.
?No lot shall be designed, approved or employed for use in which an
area more than 30% of the prescribed minimum lot area is comprised
of one or more of the environmentally sensitive areas referenced in
the net developable calculations of the Zoning Ordinance. This shall
not apply to lots specifically created exclusively to preserve and
maintain environmentally sensitive areas.
?All areas not included in lots or public street rights-of-way shall be
incorporated into common open space and may be used for natural or
landscaped buffers; agricultural uses including farmland and pasture
not generating noxious odors such as land application of sewage
sludge, hog or poultry farms or similar uses; horticulture; recreational
use; historic preservation; forests; wildlife reservations and
conservation areas; private stables for personal enjoyment; or other
similar use.
?The common open space shall be arranged and designed so as to
facilitate its use, ensure continuity of design, and preserve sensitive
environmental features. Failure to achieve these goals shall be
sufficient reason for the agent to deny applications for open space
development plan approval or require modifications that may include
loss of lots.
?Recreational areas shall not abut the exterior boundary of the open
space development unless entirely adjacent to a publicly-owned
facility or community recreation facility of an adjoining residential
development.
?Adequate pedestrian and bicycle facilities shall be provided which
fully interconnect the development and its recreation areas both
internally and with existing, planned or desirable external pedestrian
and bicycle facilities.
?Final plats recorded and all deeds for lots within the cluster
development shall bear a statement indicating that the land is within
an approved residential cluster subdivision and shall also bear a
statement indicating the ownership status of the development?s open
space system and shall reference the covenants creating a property
owners association which shall also be recorded at the time final plats
are put to record.
?With approval of the Planning Commission, common open space
22
within a cluster subdivision may be held by other than a property
owner association for agricultural uses including farmland, pasture,
horticulture, recreational use, historic preservation, forests, wildlife
reservations and conservation areas or other similar use.
?Family Member Subdivisions shall be prohibited.
?Manufactured Homes, Class A and B and Residential Accessory
Apartments shall require a Conditional Use Permit.
C. In determining the overall tract size provision, staff shall base the
number of lots permitted on the following, listed in order from
least to most binding:
1. On the parcel shown on the latest County Tax Maps with the
acreage indicated in the Real Estate records of the
Commissioner of Revenue's Office, excluding street or road
rights-of-way.
2. On documents of record in the Office of the Clerk of the
Court, which shall take precedence over the Tax Map
information.
3. On a new or modern survey of the property by a licensed
surveyor.
4-2005 Lot Size Requirements
A. Minimum lot area: 40,000 square feet
B. Minimum lot width (measured at the set back line): 150 feet
C. Minimum lot frontage (measured at property front): 120 feet
D. Minimum frontage on a cul-de-sac: 75 feet
4-2006 Bulk Regulations
A. Maximum building height:
All buildings: 35 feet or 3 stories, whichever is lesser
B. Minimum front yard setback:
1. Where right-of-way is > 50 feet, the minimum front yard
setback is 60 feet from property line.
23
2. Where right-of-way is < 50 feet, the minimum front yard
setback is 85 feet from center line of road.
C. Minimum side yard setback:
1. Principle structures: 25 feet (one side)
50 feet (both sides)
2. Accessory structures: 25 feet (See Supplementary
Density and Dimensional Requirements, #1, Accessory
Building Requirements)
D. Minimum rear yard setback:
1. Principle structures: 50 feet
2. Accessory structures: 5 feet
4-2007 Additional Regulations
A. Refer to Section 5-2000, for Supplementary Density and
Dimensional Requirements, Section 5-3000, for Restrictions
Adjacent to Airports, and Section 5-4000 for standards for Net
Developable requirements.
B. Refer to Article VI for regulations within the Historic Overlay
(HO) District, Highway Corridor Overlay (HCO) District, Flood
Plain Management Overlay (FPMO) District, and the Newport
Development Service Overlay (NDSO) District.
C. Refer to Article VII for General Design Guidelines and
Development Review Procedures.
D. Refer to Article VIII for Bufferyards, Landscaping, and Open
Space standards.
E. Refer to Article IX for Sign standards.
F. Refer to Article X for Vehicle Parking Facilities, including,
loading, parking lot and off street parking requirements.
G.Refer to Article XI for Outdoor Lighting Requirements and
Restrictions.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
24
Supervisor Bradshaw moved that the Board approve the following
Subdivision Ordinance amendment as presented by State and required by
the State:
AN ORDINANCE TO AMEND
Appendix A, Subdivisions, of the Isle of Wight County Code
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia has the legislative authority to make necessary changes to the
ordinances that govern the orderly growth and development of Isle of
Wight County; and
WHEREAS, the proposed revision to the Isle of Wight County
Subdivision Ordinance is necessitated by Section 15.2-2286.1 of the Code
of Virginia to establish provisions for clustering of single-family dwellings
by designating 40% of unimproved lands zoned residential and agricultural
for ?by-right? cluster development so as to preserve open space.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix A, Subdivisions, of the Isle of Wight
County Code be amended as follows:
7-28-6 Clustering/Sliding Scale ?By-Right? Provisions for Single-
Family Residential Development in Rural Agricultural
Conservation District as designated in the Isle of Wight County
Comprehensive Plan
Under the sliding scale development provision, a tract of land
containing 100 contiguous acres or greater zoned Rural
Agricultural Conservation will be allowed four (4) divisions.
One (1) additional lot or dwelling unit will be permitted for
every additional forty (40) acres encompassed by the overall
tract. For example, a one hundred forty (140) acre tract will
yield five (5) lots. Minimum permissible lot sizes shall be
encouraged so as not to allow subdivision development which is
land consumptive; however, each lot must meet the minimum lot
requirements for the Rural Agricultural Conservation (RAC)
District.
(1) In addition to the base density permitted above and the
minimum lot size, width and frontage requirements of the
underlying zoning district, the following standards shall be
met:
?
All residential lots created through the act of
subdivision shall be contiguously grouped and served
by one point of access to County roads and shall
25
comply with Section 4-4-1 (Streets) of the Isle of Wight
County Subdivision Ordinance.
?
Residential structures in the subdivision shall be
located at least 100 feet from the existing County road
right-of-way and screened from the right-of-way by an
existing or planted landscaped buffer.
?
All residential structures should be setback at least 100
feet from all active farm operations.
?
A central water supply system shall be provided to
serve the subdivisions with over 14 lots.
?
The maximum lot size for any new lot created shall be
ten (10) acres, unless otherwise approved by the Board
of Supervisors or required by the County Health
Department.
?
No lot shall be designed, approved or employed for use
in which an area more than 30% of the prescribed
minimum lot area is comprised of one or more of the
environmentally sensitive areas referenced in the net
developable calculations of the Zoning Ordinance. This
shall not apply to lots specifically created exclusively to
preserve and maintain environmentally sensitive areas.
?
Lots shall be located to preserve 70% of the original
tract size in order to maximize continued use of the
residual parcel for agricultural and silvicultural
purposes.
?
All areas not included in lots or public street rights-of-
way shall be incorporated into common open space and
may be used for natural or landscaped buffers;
agricultural uses including farmland and pasture not
generating noxious odors such as land application of
sewage sludge, hog or poultry farms or similar uses;
horticulture; recreational use; historic preservation;
forests; wildlife reservations and conservation areas;
private stables for personal enjoyment; or other similar
use.
?
The common open space shall be arranged and
designed so as to facilitate its use, ensure continuity of
design, and preserve sensitive environmental features.
Failure to achieve these goals shall be sufficient reason
for the agent to deny applications for open space
development plan approval or require modifications
that may include loss of lots.
?
Recreational areas shall not abut the exterior boundary
of the open space development unless entirely adjacent
to a publicly-owned facility or community recreation
facility of an adjoining residential development.
26
?
Adequate pedestrian and bicycle facilities shall be
provided which fully interconnect the development and
its recreation areas both internally and with existing,
planned or desirable external pedestrian and bicycle
facilities.
?
Final plats recorded and all deeds for lots within the
cluster development shall bear a statement indicating
that the land is within an approved residential cluster
subdivision and shall also bear a statement indicating
the ownership status of the development?s open space
system and shall reference the covenants creating a
property owners association which shall also be
recorded at the time final plats are put to record.
?
With approval of the Planning Commission, common
open space within a cluster subdivision may be held by
other than a property owner association for agricultural
uses including farmland, pasture, horticulture,
recreational use, historic preservation, forests, wildlife
reservations and conservation areas or other similar use.
?
Family Member Subdivisions shall be prohibited.
?
Manufactured Homes, Class A and B, and Residential
Accessory Apartments shall require a Conditional Use
Permit.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
Chairman Ivy called for a public hearing on the following:
The application of Isle of Wight County Industrial Development
Authority, owner, for a Conditional Use Permit for a proposed
masonry contractor office, showroom, warehouse, and storage yard
located at 6261 Carrsville Highway (Route 58) on approximately 0.68
acres of land in the Carrsville Election District.
Amy Rink, Assistant Director of Planning and Zoning, introduced the
application.
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 proposed application.
No one appeared and spoke.
27
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved that the Board approve the application of
the Isle of Wight County Industrial Development Authority. The motion
was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent from the meeting.
Chairman Ivy called for a public hearing on the following:
An application to amend the Comprehensive Plan of Isle of Wight
County, Virginia through the addition of the proposed Route 17
Corridor Master Plan and Design Guidelines Handbook prepared by
Raybould Associates, LLC. The purpose of creating a Master Plan for
growth along the Route 17 Corridor is to accommodate orderly,
beneficial development that promotes public health, safety,
convenience, comfort and general welfare for the citizens of Isle of
Wight County. More specifically, the Route 17 Corridor Master Plan
should provide a sustainable, safe, and stimulating design framework
to guide the location, form, and design of new development consistent
with the Isle of Wight County Comprehensive Plan. In addition, the
Master Plan should identify Bartlett as a key activity center, treat
Carrollton Boulevard appropriately given its role as a major
transportation corridor, and designate a mix of uses for a substantial
portion of the study area.
Jamie Oliver, Planning and Zoning, commented that the Board had
previously been provided copies of the Route 17 Master Plan and included
in the staff report are additional maps. She advised the objectives of the
Plan are to accommodate orderly and beneficial development in the area.
She stated that the consultant was tasked with identifying Bartlett as the key
activity center, treating Carrollton Boulevard appropriately for its use and
designating a mix of uses in the study area as a whole. She advised that the
study area was broken down into two (2) sectors and public participation for
the proposed Plan was extensive over a fourteen (14) to sixteen (16)
months? period, which included stakeholder meetings, design workshops
and a public Charette. She noted that staff has also made the document
publicly available at local libraries and on the County?s website. She noted
key elements of the report included a market study; a policy summary; a land
use plan; transportation issues; and, an implementation table and design
guidelines. She noted that the market in the County is strong; however, the
County continues to have an issue with providing workforce and affordable
housing. She noted considering currently approved or expected
development, the County has approximately 1.5 million square feet of retail
in the corridor market area. She noted considering currently approved or
expected proposed housing in the market area, the County can expect to
support between 220,000 and 450,000 square feet of retail. She noted that
28
the County?s Comprehensive Plan appears to be on target for having
compact growth development patterns and instituting traditional
neighborhood development concepts. She noted that certain sections of the
Zoning Ordinance appear to be inconsistent with those goals, specifically
with the Development Service District areas with respect to restrictive
allowable uses, large lot sizes, setbacks and low densities. She advised that
the Subdivision Ordinance is currently being updated by staff with respect to
strengthening street design standards, flood zone protection and review of
open space design standards. She stated with respect to the Land Use Plan,
the existing Comprehensive Plan land use designations to be easily
integrated with our existing Comprehensive Plan and illustrated both T and
D and town center concepts. She noted that the newly proposed Land Use
Plan recommends change at the Bartlett intersection from commercial,
business and employment to a Mixed Use Activity Center with a focus on
town center design principles and further down in the southern section of the
corridor from a strip of business and employment to two (2) smaller mixed
use neighborhood centers with residential in-between. She noted there is a
need to maintain Route 17 as a major arterial providing high speed and
high-volume travel and access management strategies, such as limited curb
cuts, parcel connectivity and street connectivity. She noted that instituting
traffic calming measures within neighborhoods is also recommended, as
well as on-street and shared parking and the foundation for a
pedestrian/bicycle system to interact with the existing Pedestrian and
Bicycle Master Plan. She noted that the implementation table outlines
specific action steps for addressing the Plan; identifies the responsible party
within the County; and, includes a timeframe for both initiation and
completion. She stated that the majority of items are anticipated to be
complete within one (1) to three (3) years and some not complete for five (5)
to seven (7) years. She stated that the Design Guidelines Handbook
addresses design principles for consideration when new applications are
submitted.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed application.
Ann Motley of 24301 Bush Creek Circle in Carrollton advised that her
property, as well as that of her parents, are located in the southeast near the
Chuckatuck Creek Bridge and they would like to be left alone. She noted
that the consultant is recommending that area be reserved for a park, which
they feel is eroding on their rights as property owners.
Elliott Cohen of Carrollton noted that this is simply a plan and it is not
etched in stone; however, it will require more work and time to change the
Plan. He noted that next to the Carrollton Fire Department would be an
excellent location for an auxiliary government building; however, the
County does not have the funds to purchase that property. He noted that the
pictures depict parking right up against the sidewalk next to the stores,
however, there is a seventy (70) foot setback requirement on the front and
29
twenty-five (25) on the side. He noted with respect to the map, the colors are
not designated according to the property lines. He inquired how the County
will address an applicant requesting a rezoning application when half of a
property is zoned business and the other half is zoned residential.
Carl Coon of Lake Shores Court in Carrollton advised that he owns
one (1) of the twelve (12) residential properties that back up to the lake that
is included in the proposed park bounded by Route 17 and Cedar Grove
Road. He stated opening up that property to the public will produce litter
and disregard of wildlife and will create more problems than would do good
for the citizens who wish to use it. He requested that the proposed park be
deleted from the Plan.
Sharon Hart of the Newport District noted that in Northgate, the
proposed connector road shows extension to Reynolds Road, which is not
possible unless the land is purchased by the County before the homes are
built. She noted that 28 homes are being proposed in the Ashby Brown
property up to the cul-de-sac at the location that the connector road is
proposed and she would recommend that the County purchase the land
before the homes are built. She stated that traffic at Founder?s Pointe as the
developers continue to build will require a stop light at Sugar Hill Road
before the Cedar Road connector road is built. She inquired if the timetable
can be moved up for acquiring that land for the connector road to Cedar
Grove Road to avoid an extra stop light on Route 17. She noted that the
connector road across Sugar Hill Road appears to go through the Cohen
property and the County should not wait until a commercial or residential
neighborhood is built before it purchases the land. She stated that
homeowners on Newbill Lane purchased their properties for privacy and the
hard-surface trail system shows it running behind these properties. She
noted that the Turner farm would be an ideal location for a park or
community center. She noted that Mr. Owens has sold many of his
properties in the County and there are no parks in any of those
developments. She notified the Board that some of the homes in the Ashby
Subdivision are being built in the RPA, which could be prevented.
County Administrator Caskey called the Board?s attention to a letter
from Mr. W. D. Owen, which had been placed at the Board?s seats prior to
the meeting.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark advised Ms. Motley that as long as she passes her
property down in her family, there could always be a home there as long as
she wants it there. He further advised that the County could not designate a
trail on Mrs. Hart?s property, nor take the lake that Mr. Coon referred to
earlier because doing so would be illegal unless they are conveyed
30
voluntarily. He stated that this is a voluntary conceptual plan, to be used as
a planning tool and it does not change anyone?s property rights.
Chairman Ivy asked staff to comment on the proposed round about at
the Bartlett intersection.
Ms. Oliver responded that the Plan originally called for the concept of
a round about; however, all three (3) of those plans were removed by staff
and the only place that the round about concept remains is in the conceptual
image of the town center. She advised that all language regarding that in the
proposed County-wide Transportation Plan has been removed.
Supervisor Bradshaw moved that the Board approve the application to
amend the Comprehensive Plan. The motion was adopted by a vote of (4-0)
with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Brown
absent from the meeting.
//
Supervisor Clark moved that the Board take a five (5) minute recess.
The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,
Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Brown absent from the meeting.
Supervisor Clark moved that the Board return to open session. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,
Ivy and Wright voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Brown absent from the meeting.
//
Chairman Ivy called for a public hearing on the following:
Renewal of Lease of Property known as the Johnson Farm
Interim County Attorney Burton certified that the lease had been
properly advertised for public hearing.
Chairman Ivy called for persons to speak in favor of or in opposition to
the lease.
No one appeared and spoke.
Chairman Ivy closed the public hearing and called for comments from
the Board.
31
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Lease on behalf of the Board. The motion was adopted by a
vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
Chairman Ivy called for a public hearing on the following:
Ordinance to Amend and Reenact Chapter 8. Garbage, Weeds, and
Litter Section 8-15. Certain Refuse Not Acceptable.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised for public hearing.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed Ordinance.
No one appeared and spoke.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Responsive to Supervisor Bradshaw, Mr. Rountree advised that the
handouts and signage at each site will be corrected and that he would
contact the Assistant Director of Public Works tomorrow to advise that the
Board has adopted the Ordinance.
Supervisor Clark moved that the Chairman be authorized to execute
the following Ordinance on behalf of the Board:
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 8. GARBAGE, WEEDS AND LITTER
SECTION 8-15. CERTAIN REFUSE NOT ACCEPTABLE.
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the burdens imposed on citizens to dispose of
household construction debris; and
WHEREAS, in order to address this problem, the Board of
Supervisors deems it appropriate to enact revisions to Chapter 8 of the
Isle of Wight County Code.
NOW THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Chapter 8. Garbage, Weeds and
Litter. Section 8-15. Certain refuse not acceptable. be repealed and
reenacted as follows:
Sec. 8-15. Certain refuse not acceptable.
32
(a) The following refuse shall be considered to be not acceptable for
collection by the Board of Supervisors, its agent or duly appointed
commission:
(1) Dangerous materials or substances, such as poisons, acids,
caustics, infected materials and explosives or other hazardous wastes as
defined by the Southeastern Public Service Authority (SPSA) in accordance
with state and/or federal laws and regulations.
(2) Materials resulting from the repair, excavation or
construction of buildings or structures, such as earth, plaster, mortar or
roofing material by building contractors and other persons providing
construction services. Nothing herein shall prohibit individual homeowners
from disposing of similar, reasonable amounts of materials on an individual
basis.
(3) Materials which have not been prepared for collection in
accordance with this Article.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
Chairman Ivy called for a public hearing on the following:
Ordinance to Amend and Reenact the Isle of Wight County Code,
Chapter 7. Fire Protection. Article III. Open Burning. By Adding a New
Section.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised for public hearing.
Chairman Ivy called for persons to speak in favor or in opposition to
the proposed Ordinance.
No one appeared and spoke.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Chairman Ivy moved that the Chairman be authorized to execute the
following Ordinance on behalf of the Board:
ANORDINANCETOAMENDANDREENACTTHE
ISLEOFWIGHTCOUNTYCODE
CHAPTER7.FIREPROTECTION.
33
ARTICLEIII.OPENBURNING.BYADDINGANEWSECTION,
SECTION7-8.1.LIMITATIONONOPENBURNING,INGENERAL
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; and
WHEREAS, the threat of fire to life or property during exceptionally
dry conditions may arise from time to time;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 7. Fire Protection. Article III. Section 7-
8.1 of the Isle of Wight County Code is hereby enacted as follows:
Sec. 7-8.1 Limitation on Open Burning, In General.
Notwithstanding any other provision contained in this Article III,
when it is deemed necessary by the Isle of Wight County Administrator or
his designee, an open burning ban may be imposed on the entire County or
sections of the County when conditions exist that would make open burning
a threat to life or property, or nuisance as provided for in the Virginia
Statewide Fire Prevention Code at any time during the year and for such a
duration as may be deemed necessary to protect life or property.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
Interim County Attorney Burton advised that he had been informed by
Steven A. Aigner, Coordinator of Fire and EMS, that following adoption of
the Ordinance tonight, the County Administrator will be lifting the ban per
the recommendation of the Governor.
Supervisor Bradshaw voiced concern with the lifting of the ban noting
that the southern end of the County is still in a drought.
Chairman Ivy recommended that staff contact the Forestry Department
and inquire whether or not the County is still in a severe drought.
Mr. Aigner advised that he had spoken with the Forester today and
that he had agreed with the Governor?s recommendations.
34
Interim County Attorney Burton advised that the ban could be
reinstituted at any time with the Ordinance in place.
Chairman Ivy called for a public hearing on the following:
An Ordinance to Amend and Reenact the Isle of Wight County Code
Chapter 4. Buildings. Article III. Inspections. Division 2. Fees when
Building Permit Required. By Revising, Section 4-8. Construction,
Repair or Alteration of Buildings or Structure; Section 4-10. Electrical
Services; and, Section 4-10.1 Mechanical and Gas Fees.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised for public hearing.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed Ordinance.
No one appeared and spoke.
Chairman Ivy closed the public hearing and called for comments from
the Board,
Supervisor Clark moved that the Chairman be authorized to execute
the following Ordinance on behalf of the Board:
ANORDINANCETOAMENDANDREENACTTHE
ISLEOFWIGHTCOUNTYCODE
CHAPTER4.BUILDINGS.
ARTICLEIII.INSPECTIONS.
DIVISION2.FEESWHENBUILDINGPERMITREQUIRED.BY
REVISING,
SECTION4-8.CONSTRUCTION,REPAIRORALTERATIONOF
BUILDINGSORSTRUCTURE;SECTION4-10.ELECTRICAL
SERVICES;AND
SECTION4-10.1.MECHANICALANDGASFEES
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 appropriate regulations related to the
inspection of buildings or structures at a reasonable cost to the citizens of
Isle of Wight County;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 4. Buildings. Article III. Inspections.
Division 2. Fees When Building Permit Required. Section 4-8.
35
Construction, repair or alteration of buildings or structures; Section 4-10.
Electrical services; and Section 4-10.1 Mechanical and gas fees of the Isle
of Wight County Code be amended and reenacted as follows:
Sec. 4.8 Construction, repair or alteration of buildings or structures.
(a) Minimum permit fee. The minimum building permit fee shall be
thirty dollars.
(b) Reinspection fee. The reinspection fee shall be one hundred
dollars.
(c) Basic permit fee.
(1) Usable area under roof, per building or structure (includes
all new construction, finished or unfinished): For the construction of any
building or addition thereto where floor area is increased, the fee shall be
based on the floor area to be constructed, as computed from exterior
building dimensions at each floor.
a. All buildings of minimum construction types, for the
first forty thousand square feet and under, twelve cents per square foot;
b. All buildings over forty thousand square feet, eight
cents per square foot.
(d) Demolition permit fee. The demolition permit fee shall be as
follows:
(1) Accessory buildings and structures, thirty-five dollars
each;
(2) All other buildings and structures, forty-five dollars each.
(e) Moving structures permit fee. The permit fee for moving
structures shall be as follows:
(1) Accessory buildings or structures, forty-five dollars;
(2) All other buildings and structures, fifty-five dollars.
(f) Industrialized building permit fee. The industrialized building
permit fee shall be the same as the basic permit fee in subsection (c)(1) of
this section (excluding mobile homes).
(g) Modular construction permit fee. The modular construction
permit fee shall be the same as the basic fee in subsection (c)(1) of this
section.
36
(h) Mobile home permit fees. The mobile home permit fee shall be
as follows:
(1) Mobile home and other mobile units permit fee, thirty-five
dollars each.
(i) Sign permit fee. Sign permit fees shall be sixty-five dollars per
sign.
(j) Tents and other temporary structures permit fee. The permit fee
for tents and other temporary structures shall be forty-five dollars each.
(k) Chimneys, fireplaces, etc. The permit fee for chimneys,
fireplaces, wood and coal stoves and other solid fuel burning heaters shall be
thirty-five dollars. (Note: Fireplaces, heaters and chimneys shall be
included in new construction permit fees only if so noted at the time of
issuing the permit.)
(l) Alterations to create a finished space. The fee for alterations to
shell buildings, unfinished tenant spaces, garages and attics to create
finished space shall be six cents per square foot.
(m) Other structures. The fee for all other structures as defined in
the Basic Building Code not included in the above fee schedule are as
follows:
(1) Piers - $35.00;
(2) Pools:
a. Inground - $65.00
b.Above ground - $45.00
(3) Retaining wall as defined in the Building Code - $30.00
(4) Towers - $30.00
(n) Permit reissuance fee. Permits becoming invalid as specified by
the Code may be reissued up to a period of five years and charged a fee of
thirty dollars for each six months period thereof. A request for such
reissuance shall be in writing and submitted prior to the permit becoming
invalid.
(o) Plans examination.
37
(1) The fee for plans examination, other than residential and
accessory structures, shall be two hundred fifty dollars.
(2) A fee of fifty-five dollars shall be charged for the
reviewing of residential plans prior to making application for a permit. This
fee will be credited to the permit fee if the permit is applied for within six
months.
(p) Appeals. For each appeal to the Building Code board of appeals,
the fee shall be one hundred fifty dollars. (1-10-74, § A; 5-3-79; 6-16-88;
12-16-04; 4-21-05.)
For state law as to authority of county to levy permit
fees, see Code of Va., § 36-105.
Sec. 4-10. Electrical services.
(a) Minimum permit fee. The minimum electrical service permit
fee shall be thirty dollars.
(b) Reinspection fee. The reinspection fee shall be one hundred
dollars. (See section 4-8(b)).
(c) New service equipment permit fee. New service equipment
permit fees shall be as follows (new construction fees based on total capacity
of service equipment and subpanels feeder overcurrent protection):
0 ? 200 amps $45.00
201 ? 400 amps $55.00
401 ? 600 amps $75.00
601 + amps $75.00 + $20 per 50
amps above 600
(d) Relocations and service increases permit fee. The permit fee for
relocations and service increases shall be as follows (additional work
charged according to subsection (i) of this section):
(1) Existing service panels only, thirty dollars each;
(2) Meter only, thirty dollars each;
(3) Service increases, thirty dollars.
(e) Temporary service. The fee for temporary service (includes
thirty-day power release prior to the issuance of a certificate of occupancy)
shall be thirty dollars.
38
(f) Reconnection fee. The reconnection fee shall be thirty dollars
each (this does not include any electrical work within any structure).
(g) Mobile home hookup. The fee for a mobile home hookup
(excluding electrical service) shall be thirty dollars. For a mobile home
hookup plus electrical service, the fee shall be based on the size of service.
(h) Connections and outlets. The fee for fixed appliances and
equipment connections and outlets to existing service (ranges, water heaters,
dishwashers, disposals, furnaces, dryers, baseboard units, exhaust fans,
motors, air conditioning units, etc.) shall be thirty dollars.
(i) Permit reissuance fee. The permit reissuance fee shall be the
same as stated in section 4-8(n). (1-10-74, § C; 5-3-79; 6-16-88; 12-16-04.)
Sec. 4-10.1. Mechanical and gas fees.
(a) Minimum permit fee. The minimum mechanical and gas permit
fee shall be thirty dollars.
(b) Reinspection fee. The reinspection fee shall be one hundred
dollars. (See section 4-8(b)).
(c) Basic permit fee. The basic mechanical and gas permit fee shall
be as follows:
(1) New construction:
a. Up to one thousand dollars contract value, thirty
dollars;
b. Over one thousand dollars contract value, thirty
dollars plus six dollars per one thousand dollars or fraction thereof.
(2) Equipment replacement, repair, etc. The permit fee for the
replacement, repair or alteration of mechanical systems, or equipment in
existing buildings, structures or additions thereof shall be as follows:
a. Up to one thousand dollars contract value, thirty
dollars;
b. Over one thousand dollars contract value, thirty
dollars plus six dollars per one thousand dollars or fraction thereof.
Exceptions: Domestic cooking equipment and space heaters in
dwelling units are exempt from mechanical permit fees. Inspections of this
equipment are required.
39
(d) Fuel piping. The fuel piping permit fee shall be as follows:
(1) Minimum permit fee, thirty dollars;
(2) Each outlet, seven dollars.
Note: This fee applies when a permit is issued for fuel piping work
only.
(e) L.P.G. tanks and piping. The permit fee for L.P.G. (i.e., butane,
propane, etc.) tanks and associated piping shall be thirty dollars per tank.
(f) Tanks and piping for flammable liquids. Tanks and associated
piping for flammable liquids shall be thirty dollars per tank.
(g) Removal of fuel storage tanks. Removal of fuel storage tanks
shall be the minimum fee; i.e., thirty dollars for each tank.
(h) Fire suppression systems. The fire suppression system permit
fee shall be as follows:
(1) New construction, same as basic fee (subsection (c)(1) of
this section);
(2) All others, same as basic fee (subsection (c)(2) of this
section).
(i) Elevators, dumbwaiter, etc. The permit fee for elevators,
dumbwaiters, moving stairways, moving walks, construction personnel
hoists and conveying equipment shall be thirty dollars per unit.
(j) Permit reissuance fee. The permit reissuance fee shall be the
same as stated in section 4-8(n).
(k) Amusement rides and devices. The permit fee for amusement
rides and devices shall be set forth in the then current edition of the Virginia
Amusement Device Regulations adopted by the Virginia Board of Housing
and Community Development.
(6-16-88; 12-16-04.)
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
//
40
Supervisor Bradshaw moved that the Board revert back to the regular
order of the agenda. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;
no Supervisors voting against the motion; and, Supervisor Brown absent
from the meeting.
//
Chairman Ivy called for the continuation of the General Services
report.
Kristen M. Mazur, County Engineer, advised the Board that CSX and
Norfolk Southern are conducting a railroad project in Camptown and the
County has agreed that the four (4) inch sewer force main that is being
exposed will be lowered at the County?s expense.
Supervisor Bradshaw commented that CSX Railroad has conducted
major excavations at that site and are not required to obtain a permit from
the County. He noted that this work is also being done in the Highway
Corridor Overlay District and it is very difficult for citizens to understand
how the Federal government is not required to obtain a permit, yet citizens
are not allowed by law to harvest their own timber in that District and they
must obtain a permit if they want to haul dirt. He noted that the Southern
Development Committee was unsuccessful in getting them to clean up the
right-of-way area.
Supervisor Clark concurred with Supervisor Bradshaw, but added that
railroads are afforded liberal rights under the Interstate Commerce Act.
Supervisor Bradshaw moved the Board authorize funds in the amount
of $100,000, which includes the CSX and Norfolk Southern?s fees and
engineering design costs only. The motion was adopted by a vote of (4-0)
with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Brown
absent from the meeting.
Supervisor Clark moved that he and Interim County Attorney Burton
follow-up with staff; review appropriate letters and resolve the definition of
railroad right-of-way and the Interstate Commerce Act. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent from the meeting.
Ms. Mazur advised that construction costs are undetermined by staff at
this time.
Mr. Rountree advised that construction work is necessary by the end
of January 2008 as a result of the sanitary overflow issue. He noted that in
41
order to meet that timeframe, he would recommend that the County enter
into an emergency contract with Tolar Construction.
Supervisor Clark moved that the Board authorize the Chairman to
execute the contract with Tolar Construction for the construction of eight (8)
manholes for a sum not to exceed $50,000. The motion was adopted by a
vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
Responsive to Supervisor Bradshaw?s request for a status report on the
Carrsville water system, Mr. Rountree advised that the pump issue has not
yet been resolved; however, the line can be placed into service as the State
has signed off on the County?s operating permit. He advised that problems
associated with the control panel will be corrected soon by the
manufacture?s representative.
//
Chairman Ivy called for the Emergency Communications report.
Diane Jones, Communications Center Manager, advised that the State
has advised that the funding stream for the Communication Center will
change effective January 2008. She further advised that the 911 tax changed
from $3.00 to $.75. She stated in the interest of continuing with an
equitable funding formula and not having to rewrite the Memorandum of
Understanding that governs the Communications Center, the Emergency
Communications Board is recommending directing 50% of the
Communications tax revenue for the funding of E-911 comparable to what
the $3.00 E-911 tax was generating previously as a designated funding
source for Center, which will allow the Center to operate at its current levels
and allow for growth next year. She advised that the Memorandum of
Understanding stipulates that the Towns pay a designated percentage, which
the Town of Smithfield pays 25% and the Town of Windsor pays 8% beyond
what the E-911 tax funds.
Supervisor Bradshaw advised that it was brought to VACo?s attention
that there were two (2) major vendors who had not paid their correct tax
amount and those funds are anticipated to be returned to the localities. He
stated that the County is anticipated to return to full funding level according
to the information that he has received.
Chairman Ivy moved that the Board forward the request of the
Emergency Communications Board to direct 50% of the Communications
Tax revenue for the funding of E-911 to the Finance Committee for review
and recommendation. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;
42
no Supervisors voting against the motion; and, Supervisor Brown absent
from the meeting.
Chairman Ivy noted that the Memorandum of Understanding may need
to be revised.
//
Chairman Ivy called for the County Administrator?s report.
Chairman Ivy requested a scenario be developed illustrating the cost of
bi-annual payments versus the proposed Isle Pre-Pay program.
Mr. Gwaltney advised that implementation of a bi-annual program
would cost approximately $175,000 to implement the first year as opposed
to $17,000 to implement the Isle Pre-Pay program. He stated that he
recommended the Isle Pre-Pay Program, which is a voluntary program and
he presented a Resolution to Appropriate Funds from the Unappropriated
Fund Balance for Implementation of Isle Pre-Pay for the Board?s
consideration.
Supervisor Clark moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR IMPLEMENTATION OF
ISLE PRE-PAY
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the implementation of a pre-payment plan for
personal property taxes referred to as ?Isle Pre-Pay?; and,
WHEREAS, funds in the amount of seventeen thousand ($17,000)
need to be appropriated from the Unappropriated Fund Balance of the
General Fund to the FY 2007-08 Operating Budget of the County of Isle of
Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that seventeen thousand ($17,000)
from the Unappropriated Fund Balance of the General Fund be appropriated
to the FY 2007-08 Operating Budget of the County of Isle of Wight,
Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
43
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
County Administrator Caskey stated responsive to Supervisor Clark?s
previous direction at an earlier meeting, included in the agenda is
information pertaining to the Southeastern Public Service Authority relative
to the limited hours of operation to receive household hazardous waste at the
transfer station.
Supervisor Clark relayed a constituent?s concern with his inability to
dispose of paint and other solvents at the SPSA transfer station unless it was
rd
between the hours of 9:00 a.m. and noon on every third (3) Friday of the
month. He advised that such limited access only encourages law-abiding
citizens to break the law.
Supervisor Bradshaw advised that his vision is that the County?s
convenience centers one day will be able to accept all household waste. He
advised that he and Supervisor Wright have already been directed by the
Board to work with staff on these types of issues.
Mr. Rountree noted that the handling of hazardous waste requires
extensive training and certification, which is the reason that the County is
not currently handling these materials at its convenience centers. He added
that due to cutbacks, SPSA has more than likely had to cut back on its
number of certified operators.
Supervisor Clark moved that the Board direct staff to invite
representatives of SPSA to the Board?s December 13, 2007 meeting to
address the hours of availability of the household hazardous collection
facility located within the Isle of Wight Transfer Station and operated by
SPSA. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
Patrick J. Small, Assistant County Administrator, distributed copies of
a grant application for a Multi-Modal Planning Grant available through the
State. He noted that the County?s consultant, Moffet & Nichols, is
recommending that staff make application for planning assistance in the
Central Development Service District. He further noted that the City of
Suffolk is also encouraged to be a joint applicant. He advised that staff does
not know the amount it will apply for at this time; however, the match is
10% and the City of Suffolk has agreed to split that match with the County.
He stated that the County will have to expend funds for a master plan of that
area regardless and some of these funds could be used to help offset the
costs associated with the County?s Transportation Master Plan in the central
44
area. He noted that the Virginia Port Authority is also encouraging staff to
apply for these funds.
Supervisor Clark moved that the Board authorize staff to make a grant
application and secure the necessary signatures. The motion was adopted
by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting
in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
//
Chairman Ivy called for consideration of the Consent Agenda.
A. Request for Proposal (RFP) ? Development of Countywide
Long-Range Transportation Plan
. Resolution to Authorize the Solicitation of Proposals for
the Development of a Countywide Long-Range
Transportation Plan
B. Department of Motor Vehicles
. Resolution to Accept and Appropriate Funding from the
Virginia Department of Motor Vehicles
C. Donation to Parks and Recreation Department ? Ceramic Bisque
Figurines
. Resolution to Accept Donated Boxes of Ceramic Bisque
Figurines from Alice Cutchins
D. Virginia Office of Emergency Medical Services (OEMS) Grant
Funds Received
. Resolution to Accept and Appropriate Funds for the Office
of Emergency Medical Services Consolidated Grant
Program
E. Economic Impact of Tourism in Virginia and Isle of Wight
County
F. New Business Activity for Calendar Year 2006
G. County Policy Amendments
. Resolution to Amend the County Policy Manual Chapter
1, Article VI, Section 6.2, and Article IX, Section 9.0.-9.2
45
H. Monthly Financial Reports for County and Schools
I. The application of J. T. Fries, owner, and Monster Storage, LLC,
applicant, for a Preliminary Site Plan for proposed contractor
warehouses.
J. Delinquent Real Estate Tax Collection Monthly Report
Supervisor Clark moved that the Consent Agenda be approved with
Items (A) and (I) removed. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;
no Supervisors voting against the motion; and, Supervisor Brown absent
from the meeting.
Relative to Item (A), Request for Proposal (RFP) ? Development of
Countywide Long-Range Transportation Plan (Resolution to Authorize the
Solicitation of Proposals for the Development of a Countywide Long-Range
Transportation Plan), Supervisor Bradshaw moved that the Board approve
the Request for Proposal. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;
no Supervisors voting against the motion; and, Supervisor Brown absent
from the meeting.
Ms. Mazur offered to request the involvement of the Towns of
Smithfield and Windsor.
Relative to Item (I), the application of J. T. Fries, owner, and Monster
Storage, LLC, applicant, for a Preliminary Site Plan for proposed contractor
warehouses, Supervisor Clark moved that the Board allow Fleeta Baggs,
Michelle Jones and Drew Forest to speak regarding Item (I) to address deed
restrictions and contractual issues regarding the property. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent from the meeting.
Fleeta Baggs of Newport News advised that she is on the Board of
Directors of the Isle of Wight Industrial Park, which is composed of
individual land owners. She advised that Attorney Bill Riddick prepared a
contract in 1995 that this site will be used exclusively for mini-storage.
Michelle Jones of 31 Gurwen Drive in Smithfield advised the Board
that she possesses a contractual agreement with the Isle of Wight Industrial
Park owners that stipulates that she will be the sole owner of any storage in
the Park. She advised that she intends to do what she has to do with respect
to civil litigation against the applicant.
Drew Forest, Monster Storage, advised the Board that the applicant is
applying for a storage facility. He advised that Attorney Suttle of Newport
46
News had made several attempts to contract Attorney Riddick, but was
unsuccessful. He provided the Board a copy of the deed restrictions and
noted that he had submitted his plans on September 11, 2007.
Supervisor Clark commented that this is a civil matter and each person
has the privilege of exercising his and her rights. He advised that this Board
has no authority in this matter other than the approval of the site plan and he
sees no reason for not approving it.
Supervisor Clark moved that the Board approve the application of J. T.
Fries and Monster Storage, LLC. The motion was adopted by a vote of (4-0)
with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Brown
absent from the meeting.
//
Chairman Ivy called for Appointments.
Supervisor Wright moved that the Board appoint Durwood Scott to
serve on the Historical Architectural Review Committee, replacing Dorothy
G. Gwaltney, representing the Windsor District. The motion was adopted
by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting
in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
Supervisor Wright advised that William E. Laine, Jr. has requested
that he be allowed to serve on the committee reviewing the proposed new
courts building following his retirement.
Supervisor Clark requested that County Administrator Caskey
informally notify Mr. Laine that the Board is agreeable with him serving on
the Courts building committee following his retirement.
Chairman Ivy moved that the Board appoint Gary Terwilliger to serve
on the Board of Building Appeal representing the Smithfield District. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,
Ivy and Wright voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Brown absent from the meeting.
//
Chairman Ivy called for Old Business.
A. The application of William C. Sawyer, Sr., owner, and Travis
Latimer, applicant, for a change in zoning classification from
Rural Agricultural Conservation (RAC) to Conditional-General
Commercial (C-GC) of approximately 3.143 acres of land
47
located on the east side of Carrollton Boulevard (Route 17),
south of Omera Drive in the Newport Election District. The
purpose of the application is for commercial development as
conditioned.
Supervisor Clark recalled that the Board had tabled the application
previously to allow time for the Route 17 Corridor Master Plan to be
conducted.
Ms. Walkup advised that Mr. Sawyer has amended his proffers to
include motor vehicle; repair major; and, parts and supplies, which are
included in the Board?s agenda package.
Supervisor Clark moved that the Board approve the application of
William C. Sawyer, Sr., owner, and Travis Latimer, applicant, with
proffered conditions as amended. The motion was adopted by a vote of (4-
0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Brown
absent from the meeting.
Chairman Ivy called for consideration of the following request.
B. The request of Elliot Cohen, owner, and Commonwealth
Engineering Group, Ltd. to amend the Comprehensive Land Use
Designation of Tax Map Parcels 34-01-108, and 34-01-108B in
the Newport Development Service District from Suburban Estate
to Business and Employment Growth. Said property,
approximately 8.028 acres of land is located on the east side of
Carrollton Boulevard (Rt. 17), south of Sugar Hill Road (Rt.
661) in the Newport Election District. The proposed use of the
property is for commercial shopping along Route 17 with an
office complex in the rear.
Ms. Walkup advised that this application was tabled previously to
allow for the Route 17 Corridor Master Plan to be conducted. She advised
that the applicant has met the criteria that staff felt was appropriate for this
application and it is consistent with the Master Plan.
Supervisor Wright moved that the Board approve the request of Elliot
Cohen, owner, and Commonwealth Engineering Group, Ltd. The motion
was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent from the meeting.
Chairman Ivy called for consideration of the following:
C. The request of Elliot Cohen, owner and contract purchaser, and
Commonwealth Engineering Group, Ltd., applicant, to amend
48
the Comprehensive Land Use Designation of Tax Map Parcels
34B-01-014, 34B-01-015, 34B-01-016, 34B-01-017, and 34B-
01-018 in the Newport Development Service District from
Suburban Estate to Mixed Use Activity Center. Said property,
approximately 2.58 acres of land is located on the west side of
Carrollton Boulevard (Rt. 17), north of Cedar Grove Road (Rt.
661) in the Newport Election District. The proposed use of the
property is for attached single family homes.
Ms. Walkup stated that the above is presented for a Comprehensive
Plan amendment and one (1) of the conditions recommended by the
Planning Commission is because this is being requested to be changed to
Mixed Use Activity Center, that the Comprehensive Plan recommendation
or approval is conditional upon single-family attached residential. She
advised that this application would also have to go through a rezoning and
site plan approval.
Supervisor Bradshaw moved that the Board approve the request of
Elliot Cohen, owner and contract purchaser, and Commonwealth
Engineering Group, Ltd., applicant, based on the recommendations of staff
and the Planning Commission. The motion was adopted by a vote of (4-0)
with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Brown
absent from the meeting.
//
Chairman Ivy called for New Business.
Steven A. Aigner, Coordinator of Fire and EMS, requested approval of
a transfer of $3,000 from the Board?s Contingency line item to the
appropriate line item in the Emergency Services Department?s budget for
the purpose of hiring a firm to assist that Department and the Volunteer Fire
and Rescue Association with the development of a Strategic Plan.
Chairman Ivy moved that the Board authorize the transfer of $3,000
from the Board?s contingency line item to the appropriate line item in the
Emergency Services Department?s budget. The motion was adopted by a
vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
Supervisor Bradshaw introduced a request by Mayor Frank, as well as
from the President of the Virginia Health Care Systems, for financial
assistance from the County in the amount of $.05 per capita.
Chairman Ivy commented that this is just another example of the State
not funding its own responsibilities.
49
Supervisor Bradshaw moved that the Board allocate $.05 from the
Unappropriated Fund Balance and direct the County Administrator to send a
strongly written letter from the Chairman to the members of the General
Assembly, to include a copy of the check, emphasizing the Board?s position
that the County can not continue to financially manage the unfunded
mandates that are being pushed down from the State as it is unduly placing
the tax burden on the real estate tax rate and all property owners in the
County. The motion was adopted by a vote of (3-1) with Supervisors
Bradshaw, Clark and Wright voting in favor of the motion; Chairman Ivy
voting against the motion; and, Supervisor Brown absent from the meeting.
Supervisor Bradshaw advised that Mr. Catron has announced his
retirement as Director of Social Services effective December 1, 2007. He
stated that there is currently a lack of leadership in that Department because
there is also no Assistant Director at this time.
Supervisor Bradshaw moved that the Board authorize County
Administrator Caskey to allow Donald T. Robertson, Director of Information
Resources and Legislative Affairs, to provide administrative and managerial
support to the Social Services Department on a short-term basis, subject to
the approval of the Social Services Board. The motion was adopted by a
vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
Chairman Ivy commented that this is yet another example where the
County has to step in and provide manpower for an office that is the
responsibility of the State.
Supervisor Bradshaw reported that he had been elected First Vice-
President of VACo. He noted that regional Courthouse meetings will be
hosted in the Spring and that VACo?s legislative program has been adopted.
He distributed copies of items discussed in the Board of Director?s meeting
to County Administrator Caskey for dissemination to the Board. He further
provided a copy of a draft letter for dissemination to the Board from the
VACo Board of Directors to the Virginia Congressional delegation
regarding immigration, which reflects the VACo Board of Director?s
position that although immigration is a Federal issue, local governments are
concerned about it, particularly with respect to how it impacts education and
other major services within the State. He disseminated copies of
information regarding the State tax reform, as well as a report regarding tax
reductions that have been enacted since 1985, which reflects that the State
budget contains less revenues than in year?s past. He stated that included in
the Governor?s biennium budget are the Pre-K and K-12 Program; initiatives
regarding the access to higher education by students throughout the
Commonwealth; an increase in research and capital for higher education; the
First Lady?s program for expanding the foster care program; and, additional
50
funding for mental health issues. He advised that the fiscal analysis reports
that the above programs can be accomplished with no increase in revenues.
He stated with respect to the budget shortfall, the Governor has closed half
the gap; however, the budget was based on expected revenue growth and, of
the expected revenue growth, the increase in transportation funding equaled
one-half. He advised that transportation funding would be left intact and the
Finance Committees of the General Assembly would be meeting in
December, 2007 to discuss what other aspects of the budget can be cut. He
stated that the Governor, through administrative cuts and other changes, has
handled the majority of the cuts in the proposed budget. He noted that the
State budget contains no increases for State employees or teachers. He
advised that the car tax cost the State $1.9 billion out of a $35 billion two-
year budget. He stated the Homestead Exemption proposal is being
supported by the Governor and is equal to a 20% reduction in revenues.
Supervisor Bradshaw provided County Administrator Caskey with
information on the Alliance for Virginia Students, a grass roots organization
that is working on fully funding SOQs for dissemination to the Board.
Supervisor Bradshaw advised that VACo has established a committee
to develop a strategic plan on desired changes to the Dillon Rule for formal
presentation to the General Assembly.
Supervisor Bradshaw provided County Administrator Caskey with
information on the free NACo Cost Control Associates service which
provides telecom and energy cost containment for review by the Director of
Budget and Finance.
Supervisor Bradshaw advised that he had attended a seminar on land
preservation. He stated that the County is impacted on the land
conservation portion and staff needs to be kept informed on this issue.
Supervisor Bradshaw distributed information to County Administrator
Caskey relative to mental health programs for dissemination to the Board.
He advised that he would be providing County Administrator Caskey with
information regarding the Commission on Mental Health?s Patient Advocate
Foundation, which he recommends be placed on the County?s website so
that citizens can be informed on mental health and other issues.
Supervisor Bradshaw commented that he would be meeting with Mr.
Robertson and the County?s Policy and Management Team on the
Comprehensive Services Act in the near future because Judges are creating
undue burdens on the localities when they override a local policy.
Supervisor Bradshaw provided Fairfax County?s presentation on
energy management. He recommended that an energy development plan be
developed at the Board?s Retreat for inclusion in the County?s Strategic
Plan.
51
Supervisor Bradshaw advised that the County had received awards
from VACo relative to PACE Program and the Social Services Fast Forward
Program.
Supervisor Clark reported that he had attended a seminar on partisan
politics and was able to request Delegate Bryan Moran?s and Terry Kilgore?s
support for equal taxing authority between cities, towns and counties He
stated they were also favorable about repealing the Abuser Fee Statute. He
stated that he also had the opportunity to discuss how the County does not
want to repeal the Hampton Roads Transportation Authority, but does want
to make changes in the fee structure. He stated that they had indicated that
they would be receptive to that, but doubted the will of the General
Assembly to make any major changes in that regard.
Supervisor Clark reported that he had attended a two (2) part seminar
on smart growth which dealt with road impact fees and he suggested that
Dan Sloan be invited to address the Board regarding issues surrounding the
Benn?s Grant development.
Supervisor Clark reported on the High Growth Coalition meeting, an
organization which provides an earlier reading of the Bills as they come in
on what the development community is doing regarding the County?s ability
to control growth.
Supervisor Wright reported that he had attended an
Agricultural/Environmental Committee meeting wherein the issue of
banning of plastic bags was discussed and is supported by the agricultural
community. He advised that the issue was forwarded on for further study
and presentation to the General Assembly.
Supervisor Wright advised that he had attended meetings on
immigration, stormwater runoff, economical and affordable homes and
communicating with the General Assembly.
Relative to the issue of a consumer utility tax exemption for charitable
organizations, Supervisor Bradshaw moved that the Board direct Interim
County Attorney Burton to return to the Board with information at its
December 13, 2007 meeting relative to how the County can have an
exemption for the Consumer Utility Tax for charitable organizations and
that the County Attorney be directed to contact the Commissioner of
Revenue to determine the impact to the County. The motion was adopted by
a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Brown absent from the meeting.
Relative to Ms. Sowell?s comments earlier in the meeting regarding
the Camptown School Memorial Park, Chairman Ivy moved that the Board
52
direct County Administrator Caskey to prepare a letter for signature by the
Chairman stating that the County is fully behind this project and has funded
it to date in an amount of $25,000 as an investment in the community. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,
Ivy and Wright voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Brown absent from the meeting.
Supervisor Bradshaw moved that County Administrator Caskey be
directed to set up a meeting, to include Supervisor Bradshaw and
representatives of IP to investigate the possibility of acquiring the riverfront
property due to its visibility for possible use as a site to locate the above
project. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.7 for the purpose of consultation with legal counsel
requiring the provision of legal advice pertaining to a specific contract
relative to SPSA.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reason stated by Interim County Attorney Burton. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent from the meeting.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,
Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Brown absent from the meeting.
Supervisor Bradshaw moved that the following Resolution be adopted
by the Board:
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;
53
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: Bradshaw, Clark, Ivy and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: Brown
Chairman Ivy moved that the Board appoint Supervisor Wright to
serve on the Board?s Finance Committee along with Supervisor Bradshaw.
The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,
Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Brown absent from the meeting.
Supervisor Clark moved that the Board direct staff to amend the
County?s legislative agenda to request that the legislators review appropriate
legislation to secure social numbers in the Clerk of Circuit Court?s office.
The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,
Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Brown absent from the meeting.
//
At 10:10 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent from
the meeting.
__________________________
Thomas R. Ivy, Chairman
____________________________
Carey Mills Storm, Clerk
54
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