04-17-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF APRIL IN THE
YEAR TWO THOUSAND AND EIGHT
PRESENT: Stan D. Clark, Chairman
James B. Brown, Jr. (Vice-Chairman)
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Clark called the meeting to order at 6:00 p.m.
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Supervisor Bradshaw delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton requested that three (3) matters be
added under Closed Meeting and three (3) matters be added under Old
Business.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark called for Special Presentations/Appearances.
Supervisor Bradshaw formally introduced Ms. Pamela Barton, the new
Director of Social Services.
Mr. Bill Parker, a representative of Farm Fresh Foods & Pharmacy,
accepted A Resolution to Recognize Farm Fresh Foods & Pharmacy, which
was adopted by the Board at its April 3, 2008 meeting.
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Chairman Clark called for Regional reports.
Chairman Clark reported that the Hampton Roads Planning District
Commission is working jointly with the Federal Highway Administration to
ensure that the MPO and the Commission have proper by-laws to ensure its
eligibility for Federal Highway Transportation Funds.
Supervisor Wright reported that three (3) applicants have been
selected for a second interview for the position of Jail Superintendent.
Supervisor Wright reported that the Windsor Intergovernmental
Relations Committee discussed the community center and plans for water
and sewage.
Supervisor Bradshaw advised that he and Supervisor Wright are
moving forward in an effort to develop agreements that will be beneficial to
both jurisdictions, particularly with respect to the community center.
Supervisor Brown reported that at the March 26, 2008 Southeastern
Public Service Authority, the proposed FY2008-09 budget in the amount of
$100,518,702 was discussed which represented an overall increase of 1%.
He advised that the budget will be finalized on May 8, 2008. He advised
that flow control will be effective February 1, 2009 and that the municipal
tipping fee is $104 per ton. He advised that if all eight (8) communities
participate with flow control, the tipping fee will be reduced to $60 per ton,
but if only six (6) communities participate, it will be reduced to $80 per ton
for February 2009 through June 2009. He advised that the overall projected
tons of garbage disposed is down 214,646 tons; out-of-area processable
tonnage is down 80,000 tons; construction debris disposal tonnage is down
20,000 tons; and, municipality collected waste is down 12,300 tons. He
advised that the capital portion of the budget increased from $16 million to
$22.9 million with the largest increase being associated with equipment
replacement for the regional landfill and $3 million to procure land for the
northern Suffolk transfer station to build Cell #7. He advised that the
Authority will be dissolved in 2018 unless it is reorganized and renewed.
He advised that the Authority had adopted a resolution to hold a public
hearing on May 28, 2008 at 9:30 a.m. on the amended rate schedule, fees
and charges to be levied for the disposal of solid waste. He advised that the
Authority has received unsolicited proposals for the sale of its waste-to-
energy plants. He advised that the Authority is planning to spend $22
million to expand the regional landfill in Suffolk in order to make room for
future garbage. He advised in order to receive approval for an expanded
landfill, the Authority has pledged that it will build two (2) new transfer
stations in Suffolk at a cost of more than $20 million dollars. He advised
that the financial policy of the Authority is to set aside $2 million in the
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Reserve and Contingency line item; $2 million in the Landfill Closure Fund;
and, $293,056 in the Equipment Replacement line item.
Supervisor Casteen reported that Suffolk is providing added support to
the South Hampton Roads Resource Conservation and Development
Council?s budget. He advised that the Weekend Incentive Sanction Program
(WISP) with the Norfolk Juvenile Detention Center is operational; that the
farm has been tilled; that the seed for the sweet corn has been purchased;
and, the participants will begin planting the corn in the garden this weekend.
He advised that the next meeting is scheduled for May 14, 2008.
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Chairman Clark called for Transportation Matters.
Supervisor Bradshaw requested that the Transportation Report be
updated to reflect the current status of projects.
Supervisor Wright inquired about the status of the Barlow Brother?s
fence.
Kristen M. Mazur, County Engineer, reported that staff had met with
the Barlow brothers on-site and are awaiting a response from VDOT.
Supervisor Bradshaw inquired if the Route 460 culvert replacement in
Zuni is still on schedule.
Mr. Neblett advised that VDOT will be installing a drainage pipe
underneath Route 460 in Zuni this summer.
Copies of the Six-Year Secondary Improvements Plan were distributed
in anticipation of the Board discussing any additions/deletions at the
Board?s May 1, 2008 meeting and the public hearing being held on May 15,
2008.
Supervisor Wright moved that the Board authorize staff to advertise
the matter for public hearing at the Board?s May 15, 2008 meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw requested that Mr. Neblett provide him and
Supervisor Wright a map depicting the piped-unpaved ditches in the Town
of Windsor, particularly the outfall ditches that are addressed in VDOT?s
program with the Town of Windsor. He further requested that Mr. Neblett
provide him with the total dollar amount that comes out of the County?s
budget that has been spent in the Town of Windsor with respect to
maintenance for discussion at the next Windsor Intergovernmental meeting.
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Mr. Neblett advised that VDOT will be making improvements to
Campbell?s Chapel Road next month where the erosion has occurred around
the vault at the cemetery, to include the establishment of grass to hold the
embankment.
Mr. Neblett advised that variable message signs will be installed on
Route 258 from Benn?s Church to the Bartlett intersection and the
northbound lane on Route 17. He further advised that flashing light signs
will be installed at the intersections of Smith?s Neck Road, Eagle Harbor
Parkway and Whippingham Parkway to advise that the bridge is closed. He
advised that the gates will be lowered on the bridge for hurricanes, terrorist
threats or accidents involving a fatality or major injuries and the variable
message and flashing signal signs will be activated for minor accidents that
occur on the bridge. He advised that the plans for the gates and signals are
70% complete and that he would be returning to the Board with a schedule
for installation.
Supervisor Bradshaw recommended that Mrs. Keen and the Isle of
Wight Citizens Association be formally recognized for their efforts with
respect to safety and the James River Bridge.
Supervisor Brown notified Mr. Neblett that the ditches need to be
cleaned at the intersection of Route 258 and Route 610, where the power
lines cross.
Supervisor Wright publicly thanked Mr. Neblett for getting the
flashing lights installed and operational on Route 460 at the rescue squad
and fire department.
Mr. Neblett noted that flashing lights have also been installed and are
operational in Carrollton.
Supervisor Bradshaw inquired about the status of the work to be
performed on the Blackwater Bridge.
Mr. Neblett confirmed that the project is still on schedule.
Supervisor Casteen requested that Mr. Neblett keep a periodic check
on the road revisions that are being done on Church Street.
Mr. Neblett advised that the Town of Smithfield is desirous of
detouring traffic when the next section of road is built, but that he wants to
discuss the matter further before committing to allow that to be done. He
commented that there will be less room to store equipment when the project
reaches the older section.
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Teresa Johnson of Carrollton requested the status of cautionary
signage at the intersection of Smith?s Neck Road and Reynolds Drive and
improvements to the road?s line of sight.
Mr. Neblett advised that his first visual inspection had been
interrupted and will need to be rescheduled. He advised that he would also
investigate the sight line to determine what can be done to the brush and
trees that are hiding the intersection.
Richard Cassell of 23261 Vellines Lanes in Carrollton notified the
Board that the drainage problem, which is causing flooding at King?s Cove
Way, has not been addressed.
Supervisor Casteen commented that the completion date for Water
Point Lane needs to be updated.
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Chairman Clark called for Citizens Comments.
Michael Uzzell of Central Hill Road acknowledged the much-needed
services provided by the Western Tidewater Free Clinic.
Pinky Hipp, on behalf of the Boykin?s Tavern Museum Advisory
Committee, notified the Board that the Committee is running low on the
Historical Notes of Isle of Wight County book.
Supervisor Bradshaw requested that County Administrator Caskey
verify whether or not the book is being updated.
Nancy Mayo, Farm Fresh, thanked the Board for its recognition of
Farm Fresh?s efforts to discourage the use of plastic bags.
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Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton presented a request for renewal of a
Real Property License Agreement with the Windsor Hunt Club for the
Board?s consideration.
Supervisor Wright moved that the Board authorize the Chairman to
execute the Agreement on behalf of the Board. The motion was adopted by
a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
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Interim County Attorney Burton advised that pursuant to Section 24.2-
112 of the Code of Virginia (1950, as amended), that the County is required
to have at least one (1) assistant registrar, but additional assistant registrars
can be deemed necessary by the Electoral Board. He further advised that
while the Board may not have a choice as to how many assistant registrars
the County has, the Board can determine at what level such assistant
registrars are to be compensated.
Interim County Attorney Burton requested authorization to readvertise
a public hearing on Chapter 15. Taxation. Article V. Correction of
Assessments and Refunds. Section 15.20. Same Refund to be Without
Interest due to an administrative error with the first advertisement.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to readvertise the matter for public hearing at the Board?s
May 15, 2008 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Interim County Attorney Burton advised that his office has scheduled
An Ordinance to Amend and Reenact the Isle of Wight County Code,
Chapter 15. Taxation, Article IV. Electric and Natural Gas Consumers Tax,
Section 15-11, Electric Utility Consumer Tax, and Section 15-12, Local
Natural Gas Utility Consumer Tax for public hearing tonight.
Interim County Attorney Burton advised that he had five (5) matters to
discuss with the Board during Closed Meeting.
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At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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Chairman Clark called for a public hearing on the following:
Proposed FY 2008-09 General Operating and Capital Budget.
Liesl R. DeVary, Director of Budget and Finance, certified that the
Budget had been properly advertised.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Budget.
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Becky Farmer, 13160 of Mill Swamp Road, on behalf of the Christian
Outreach members, spoke in favor of the Board appropriating $3,000 for
that organization. She advised that a letter from County Administrator
Caskey was received advising that the request for funding would not be
included in the Budget because the Board was expecting a flat budget. She
referenced a letter that she sent to the Board dated April 9, 2008 and noted
that Christian Outreach is an organization that assists residents in the
County and in the Towns of Smithfield and Windsor. She stated that in the
month of March, 2008, Christian Outreach delivered 250 food deliveries and
that due to the economy, that number is increasing. She advised that
Christian Outreach has a general dentistry program for seniors who do not
have dental insurance; that there are teams which help to repair homes; that
assistance is provided for field trips and other needs that some can not afford
are provided to all nine (9) County public schools and one (1) school in the
City of Suffolk with special education students that come from the County.
She stated that Christian Outreach has an emergency mobile home that is
available for disaster victims who can move into the trailer for six (6) weeks
with all utilities paid, completely furnished and food supplied. She advised
that a mobile home in a mobile home park has been acquired and given to a
homeless couple. She advised that donated furniture is picked up and
delivered, to include household items and appliances. She advised that used
cars needing a minimal amount of work are repaired and given to citizens
who have no transportation. She advised that $12,000 was donated this year
from Souper Saturday for Social Services to use for the fuel assistance
program for those in need, especially those persons who fall between the
cracks. She stated that an angel tree provides gifts for needy seniors and
disabled citizens of the County. She stated that this year a transportation
program was developed which involves volunteer drivers to help senior
citizens get to their medical appointments and assistance is provided with
needed prescription medicines. She stated a screening process assures those
that receive help are truly in need. She stated that many of the clients make
too much to receive assistance from Social Services, but not enough to make
ends meet. She stated that many of the clients are living on the edge and if
not helped now will soon be in need of monetary help from the County and
the State.
Herb DeGroft of 15411 Mill Swamp Road acknowledged that the
School Board budget had been reduced by $13,650 for a total budget
increase of $3.5 million or a 5.8% increase, which is double the inflation
rate of 2.3%. He advised that the County, over the last seven (7) years, has
allocated $162.2 million to the County?s public school division for a total of
over 1/3 of a billion dollars for that timeframe for the Operating Budget
alone. He advised that also over that seven (7) year period, the County?s
portion has increased 54.6% while the total school budget has increased by
56.7% for an average of eight (8) percent annually. He advised that
teachers? salaries in the County will now average $52,400 and are
competitive with surrounding jurisdictions. He advised that the per pupil
cost of administration is next to the highest in the five (5) school division;
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that the per pupil expenditure is $12,012, which is 10.3% higher than the
City of Suffolk and six (6) percent higher than the City of Chesapeake. He
stated executive-level pay for the school administration exceeds the
County?s executive salaries for four (4) selected positions of comparable
responsibility, yet enrollment has only increased by 6.6% in the same
timeframe, but per pupil cost escalating by 46% over this period
commencing with 2003. He requested that the Board consider reducing the
County?s contribution by $835,000 due to grossly inflated expenditures. He
advised that the State of Virginia had reduced its $30.5 million contribution
by $259,000, but then restoring funds to bring the State?s contribution back
to $30.4 million. He stated that reducing the County?s contribution to
$28,604,000 in FY2009 still results in a $1.1 million increase for a 4%
increase over the prior year and still 74% greater than the inflation rate. He
suggested that the Board suggest to the School Board that the $835,000
reduction come from other expenditures.
Sharon Hart of the Newport District stated that the School Board has
requested a 7% increase for Fiscal Year 2008-2009. She recommended that
the County provide no more than a 2.5% inflation rate. She noted that there
is no reason why the County should duplicate the $107,000 returned to the
School Board by the State. She advised that the members of the Isle of
Wight Citizens Association have reviewed the information provided by Mr.
Herb DeGroft and would like to see all possible reductions. She requested
that the Board recommend to the School Board that any reductions made be
taken from the Other Expenditures Category rather than Teacher?s salaries.
She stated that there have been excesses in the School budget the last five
(5) years. She stated real estate assessments have increased drastically over
the last several years, which primarily affects those on fixed incomes. She
advised that the proposed 2009 city and school budget for Virginia Beach
only increased 2.1% over the current year budget.
Catherine Rector, Advocacy Coordinator, Endependence Center, Inc.
requested that the Board provide that organization funding to expand
services to the disability community in the jurisdiction. She advised that
the Endependence Center?s goal is to set up an outreach office in Suffolk to
help eliminate transportation barriers to residents in the Western Tidewater
area, as well as increase outreach efforts and community education within
this area.
Chairman Clark closed the public hearing and called for comments
from the Board.
Ms. DeVary advised that the State?s budget bill is requiring a $50
million dollar reduction of local aid in each of the biennial years to the local
jurisdictions. She stated that staff has received an estimate from the State
that the amount to be cut would be approximately $116,000 in FY09 and
FY10. She cautioned that this is only an estimate at this time and the
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Virginia State Department of Planning and Budget is not required to send a
final amount until August 1, 2008.
Supervisor Bradshaw advised that because the State has not yet
advised what the final cuts will be, it is the Finance Committee?s
recommendation that no changes be made at this time; that the Board
discuss it again at its May 1, 2008 meeting; that changes be made when the
final numbers are received by Ms. DeVary from the State, at which time the
Board will consider some of the other proposals submitted to the Board that
were not approved, such as Christian Outreach and the Free Health Clinic.
He advised that the Board is required to wait seven (7) days following the
budget public hearing before acting on the budget.
Supervisor Casteen noted that only three (3) organizations were not
approved for funding by the Budget and Finance Committee initially. He
noted that he is confident that funding for these organizations will be found.
Chairman Clark commented that additional funds for Sheriff?s
Deputies and dispatchers is also on hold until staff is advised of the amount
being cut by the State to the County.
Supervisor Bradshaw moved that the Board bring the matter back up
under Old Business at the Board?s May 1, 2008 meeting for discussion and
consideration. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
Resolution of the Board of Supervisors of Isle of Wight County,
Virginia to Recommend Approval of the Comprehensive Plan as
Amended.
Amy Ring, Assistant Director of Planning and Zoning, noted that
included in the Board?s agenda is the most current draft of the
Comprehensive Plan, which is dated March 25, 2008. She advised that the
Planning Commission adopted a resolution recommending approval of the
draft Plan to the Board at its March 25, 2008 meeting. She stated included
in the agenda is a draft resolution for consideration by the Board.
Chairman Clark called for persons to speak in favor of or in opposition
to the Resolution.
Pat Clark of Twin Hill Lane in Carrollton voiced concern with the
chapter of the Comprehensive Plan dealing with growth management and
land use. He noted that there has been very little change to the two (2) areas
of development in the RAC, which include the sliding scale and clustering.
He stated that the original intent of the clustering aspect of RAC
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development was not for non-farmers to come in, buy acreage and
immediately apply for a rezoning. He suggested language be included to
clarify that approach to development in the clustering area. He
recommended there be information contained in the Plan indicating the
recent action taken by the GeneralAssembly.He recommended that the
Board be firm regarding changing the size of Development Service Districts
(DSD) in order to accommodate those interested in developing.
Thomas Finderson of the Newport District requested that the Board
downsize the Newport Development Service District. He noted that he had
been informed that the changes to the Plan were minor; however, Carrsville
has undergone a major change and Windsor?s new intermodal park coming
on-line also constitutes a major change. He recommended that either the
Turner/Morgan Farm or the Yeoman Farm be removed.
Sharon Hart advised that at the beginning of the review of the
Comprehensive Plan, it was requested that the Newport Development
Service District be downsized and the Yeoman Farm removed from the
District. She further advised that the traffic study done for the proposed
Benn?s Grant development did reflect an over abundance of development
already approved in that area.
John Springfield, Ashby Subdivision, requested that the Brown farm
located on Route 17 remain zoned as Suburban Estates as reflected in the
2001 Comprehensive Plan and the 2006 draft Comprehensive Plan. He
stated that he is not sure how the land became designated as Mixed Use,
except that it was done during the development of the Route 17 Master Plan.
He inquired if the Comprehensive Plan was ever amended to include the
Route 17 Master Study.
Beverly H. Walkup, Director of Planning and Zoning, advised that
public hearings on the Route 17 Master Plan were held by both the Planning
Commission and the Board and the Plan was adopted as a supplement to the
Comprehensive Plan. She advised that citizens provided their input on
appropriate land use designations for certain properties at several different
meetings, as well as input regarding transportation. She advised that the
Brown farm was one (1) of the properties that was changed through that
process and no one spoke in opposition during the public hearing.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark inquired if staff had considered removing the Yeoman
farm.
Ms. Walkup recalled that Mr. Finderson had suggested that change at
the public hearing. She advised that the Planning Commission had not
specifically considered the removal of the Yeoman farm, but staff has
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considered changing the designation. She stated that the Comprehensive
Plan amendment has been ongoing for several years and was intended to be
a minor update. She advised that staff did address some of the concerns in
the Camptown Development Service District because most of the land was
zoned for industrial use. She recalled that the Board had created a
Revitalization Committee in order to bring life back to the corridor and staff
began the process of working with those citizens in an attempt to change
some of those designations and expand the District.
Supervisor Wright noted a concern with the Windsor intermodal park.
Supervisor Bradshaw noted that the Windsor Development Service
District is proposed to be expanded down Route 258 and he inquired if the
rest of the Comprehensive Plan has been changed with respect to economic
development, transportation and all the other plans that tie into the
Comprehensive Plan and to the Development Service Districts. He stated
the Board has not yet had a thorough discussion of the expansion of the
Windsor Development Service District, noting that there will be a major
change in that District and what the County will look like in that area. He
noted that formal discussions with the Town of Windsor through the
Windsor Intergovernmental Relations Committee have now begun.
Supervisor Casteen recommended that the Board further discuss the
Development Service District in the northern end of the County.
Chairman Clark moved that the Board table the matter until the
Board?s August 7, 2008 meeting to allow the Board an opportunity to
conduct a work session. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Clark moved that the Board direct staff to provide a detailed
report, to include recommendations, on how the following services will be
impacted at a work session to be conducted at 2:00 p.m. on Tuesday, June
10, 2008 prior to the Board?s regular meeting:
. copies of the map of all three (3) Development Service Districts
(DSD) with respect to what is being proposed in this public
hearing
. what other aspects of the Comprehensive Plan have been
changed in order to incorporate the expansion of the Windsor
DSD, i.e., with respect to transportation, economic development,
parks and recreation and cultural activities and how we are going
to set up and meet with the Town of Windsor regarding the
Windsor DSD and the Town of Smithfield regarding the
Newport DSD
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. other information regarding the changing of the Comprehensive
Plan with respect to the different activities that will be impacted
by the DSD
. utilities and how infrastructure will be handled, as well as how
they will be financed
. public works and how trash will be handled.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark moved the Board taken a recess. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Clark moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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Chairman Clark called for a public hearing on the following:
The application of James B. Brown, Jr. and Judith B. Roberts, et al,
owners, and Brown, Jolley, Brown, LLC, applicant, for a change in
zoning classification of approximately 42.65 acres of land from Rural
Agricultural Conservation (RAC) to approximately 9.2 acres of
Conditional-General Commercial (C-GC) and approximately 33.3
acres of Conditional-Urban Residential (C-UR). The property is
located at the intersection of Carrollton Boulevard (Route 17) and
Deep Bottom Drive (Route 662) in the Newport Election District. The
purpose of the application is to develop a mixed-use community with
commercial parcels on the Route 17 frontage and multi-family rental
units in the rear.
Ms. Walkup advised that the Planning Commission recommends
approval of the application to the Board. She stated this project involves
100% workforce housing and that the Planning Commission had made a
policy decision that the County needs all types of housing and, in particular,
rental housing. She noted that one (1) of the Planning Commission
members presented a proposal to make this project more feasible because
there was a request for relief of cash proffers; otherwise, the project would
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not work. She stated that if the Board approves this project, the County will
be holding a Deed of Trust on the land for twenty (20) years in the amount
of $3.5 million and the project will proffer $5,790 per workforce unit. She
stated for the 116 age-restricted units, the proffer will be $1,470 as there are
no school-age children, but they will pay all water and sewer tap fees. She
stated that this project is proposing to have relief on the proffer and the
water and sewer tap fees for the workforce housing units, which will result
in a proffer of $5,790; a proffer for the age-restricted units of $1,470 with all
water and sewer tap fees being paid; and, it offers a fee for a cash proffer in
the amount of $632 for commercial square footage. She stated that the
Planning Commission?s motion was to direct staff to work with the applicant
to tweak the proffers to ensure that all is captured. She stated that the
Planning Commission had held three (3) meetings on this project and,
because it is a different type of project, the housing consultant for workforce
housing and the developers were present at the last meeting. She stated that
the Planning Commission recognized that there is a need for rental housing
in the County and that there will not be rental housing unless there is some
relaxation on the proffers. She advised that the Planning Commission
recommended approval of the project to the Board and directed staff to work
with the developer to ensure that all of the proffers were changed to reflect
the minutes of its meeting. She stated several iterations were done with the
proffers to ensure that those changes were made. She noted that there is a
copy of the proffers in the Board?s agenda and she distributed a copy of the
most recent proffers with the changes that were recommended by one (1) of
the Planning Commission members that was instrumentally involved with
the concept of the Deed of Trust. She advised that the proffers dated April
7, 2008 are the most recent proffers and the proffers dated March 24, 2008
are what the Planning Commission received when they recommended
approval of this project to the Board. She advised that the memorandum
from Innovative Housing Institute that was included in the agenda was
incomplete and that before the Board is a complete copy which references
the maximum rents that can be charged for this project.
Supervisor Brown excused himself from discussing and voting on the
application noting that he had a conflict of interest.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
James Brown, III, son of the applicant, stated the family?s support in
this endeavor. He noted that this land has been in his family for three (3)
generations and they did not wish to sell it without it having a positive effect
on the surrounding community.
Herb Myers, a resident of Ashby Subdivision, expressed a concern
that the 350 rental apartments will have a negative impact on surrounding
property values. He noted that the proposed development will have a
significant effect on the quality of life in his neighborhood. He stated that
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the reduced proffers are expected to assist with the cost of schools, public
safety and additional infrastructure and will require the County to pick up
the cost of all future upgrades. He stated with the amount of vehicular
traffic generated by this development and no plans to install a stop light at
Route 17 and Deep Bottom Drive, the majority of traffic will be funneled
through Ashby Subdivision for access to the only stop light in the area
located at Route 17 and Ashby Way. He stated that the owners and builders
have indicated to the Planning Commission that they will waive building a
road connecting both neighborhoods and he would like an assurance that the
connecting road will not be built should this neighborhood be approved by
the Board. He stated that 350 workforce housing units will also significantly
impact local schools, where space is already limited. He stated that rental
apartments bring an increase in crime rates and fire and EMS responses and
the Sheriff, the fire department and emergency medical services will need
additional personnel. He stated that he supports controlled and managed
growth in the County and he is not opposed to the property owner selling his
property; however, he is opposed to the proposed project because it is
inappropriate development next to an already established and thriving
neighborhood. He stated in the initial Route 17 Comprehensive Plan only a
percentage of new construction was to be dedicated to workforce housing,
but the proposed development is 100% workforce housing. He noted that
there is little incentive for renters to take pride in maintaining their property
and that there are many other areas in the County where a development such
as this could be built without negatively impacting existing neighborhoods.
He asked what assurance there is that once the development is built and the
property is sold in the future that the new owner will be bound to the
original concept. He noted that the County will hold a Deed of Trust on the
property for twenty (20) years, but what happens after that.
John Springfield, Ashby Subdivision resident, inquired if the
Comprehensive Plan had been amended because in 2001, it reflected the
property as being zoned Suburban Estates. He stated it was also reflected as
Suburban Estates in the 2006 draft Comprehensive Plan, but that the Route
17 Master Plan showed the property being zoned as Mixed Use. He
inquired why the Route 17 Master Plan was approved in 2007 when the
Comprehensive Plan was being updated at the same time. He stated that the
proposed development is not suited for this location and he recommended
that Ashby Subdivision be protected within a Neighborhood Conservation
District.
Pinky Hipp, Hardy District, stated that County taxpayers should not be
financing this development.
David Turnpin, Ashby Subdivision, stated that rent-restricted housing
should not be located next to an already established neighborhood because
of vandalism and crime overflows. He stated the proposed project will
create additional people, cars and renters who are transients and do not treat
their property the same as homeowners. He stated that he is not against
14
development, but it must be done in an orderly fashion and existing
residents should be protected.
Sharon Hart, Newport District, stated that this could be a good project
with some changes. She recommended that no Section 8 housing be
proffered and work should continue on the proffer statement; that language
in the proffers should be changed from ?it is the developer?s intent?? to
?the developer shall?; that internal roads be developed to VDOT?s standards
as required in other developments in the County; that bankruptcy of the
Homeowners? Association be addressed; and, that a limit be established for
the number of units that can be households earning at or above average
income. She noted that proposed rents will not be affordable for people who
live and work in the County. She stated that the proffers are too low and she
inquired how much workforce housing can the County subsidize. She stated
that the workforce housing study recommended only 17% of a development
be workforce housing and are the taxpayers being asked to subsidize those
living in this community who earn up to 120% of median income. She
stated that Eagle Harbor is planning to build 150-180 additional apartments
and the Planning Commission was not advised of that. She stated that the
Planning Commission received the latest proffer changes only shortly before
the meeting and that they had not had time to fully absorb them. She stated
that the developer should be required to pay all water and sewer fees. She
requested that the old proffer #19 be added back in which states that should
these proffer values be changed by the County through appropriate study,
prior to any such payment, the amount of contribution shall be based on the
proffer value at the time of purchase of the building permit. She inquired if
the addition to the turn lane really does fully mitigate the development?s
traffic impact at the intersection over time. She inquired if there is any
contribution of the impact of this development to Brewer?s Neck Road
overloading.
Thomas Finderson, Newport District, stated that a survey of cars at the
Eagle Harbor development showed 81 cars from all over the United States
and that 1/3 of the apartments are transient populations. He stated that the
school system reflects that 19 children from the Eagle Harbor apartments
attend County schools and the Manager at Eagle Harbor apartments advised
that there were 44 school-age children, which illustrates that more than half
attend schools on the Peninsula. He noted that the URS letter dated March
18, 2008 voices concern over internal streets being built to VDOT standards.
He reminded the Board that school buses will not go down private roads.
He stated that the financial analysis for Red Point Commons appears to be
overstated as it reflects $21 million and Eagle Harbor is assessed at $18.8
million. He stated that the applicant needs to proffer a traffic light and that
only 17% of the units should be workforce development. He stated that the
proffer relative to LIDs should be more specific and there should be a Water
Quality Impact Analysis performed. He stated that this could be a good
project and he would recommend that the developer buffer Ashby
Subdivision with the senior homes, which could run from the creek to Route
15
17. He stated he did not like the idea of interconnectivity between the
proposed development and Ashby Subdivision. He advised that the proffers
contain many errors and misspellings and that ?it is the intent? should be
replaced with ?the developer shall.?
Frank Taylor, Ashby Subdivision, stated that he has had the
opportunity to see many low-income apartments in his job as a street
sweeper for the City of Hampton, which has torn down certain low-income
apartments surrounding nice developments and built HUD homes and
condominiums. He noted that the crime rate has dropped significantly as a
result.
Alan Ray, Ashby Subdivision, stated that he did not want anything
built that would negatively affect where he lived and that he did not feel it
was in the County?s best interest to subsidize housing. He recalled that he
had attended a Planning Commission meeting three (3) years ago for an
applicant who wished to rezone his property for apartments on an adjacent
project and the Planning Commission had voted unanimously to recommend
that the Board not approve that project.
Elliott Cohen stated that the Board needs to discuss at what point the
County will cease accepting relaxed proffers for low-income projects. He
stated that while there is a need for workforce housing at this time, he does
question whether it is needed on Route 17 as there is other land that can be
purchased cheaper, thereby reducing the cost of building. He stated that he
does not consider $1,700 per unit for a three (3) bedroom workforce housing
affordable and he recommended that it be further addressed. He stated that
connectivity will not work next to the Ashby Subdivision and subdivisions
of like kind should be located next to each other. He stated that if the roads
are not built to VDOT standards, it will become the County?s responsibility
to upgrade them. He recommended that any proffers that have been changed
and offered to the Board, but not reviewed by the Planning Commission, be
sent to the Planning Commission so that individuals will have a chance to
address the new proffers. He stated that all applicants should be treated
equally, but that he has witnessed projects receiving approval within three
(3) months at the last two meetings when his projects take two years to get
approved.
Chairman Clark closed the public hearing and called for comments
from the Board.
Gary Haste, Associated Contracting Services, briefed the Board on the
proposed project, which is a mixed-use development consisting of forty-
three (43) acres and includes both residential and commercial. He stated
that this property was chosen due to the frontage along the Route 17
Corridor and to address the County?s need for quality workforce and rental
housing. He stated that shops, services and neighborhood commercial
facilities are also needed along the Route 17 corridor. He stated that the
16
mixed-use concept does allow the development to pay its way. He stated
that the numbers presented were accurate, as verified by staff. He stated that
off-site traffic improvements will be constructed to meet the need as
identified by the County and VDOT. He stated that the proposed workforce
housing is not for low-income individuals.
Chairman Clark inquired why the workforce component is necessary if
Eagle Harbor is so close in dollar value to the proposed apartments.
Mr. Haste replied that Eagle Harbor is workforce housing.
Chairman Clark commented that Eagle Harbor is workforce housing
with the requested credit. He stated that Eagle Harbor was approved thirty-
five (35) years ago and no proffers were paid to the County; however, Eagle
Harbor did not get credit for the workforce and the rents are equivalent to
the proposed apartments.
Mr. Haste replied that the apartments at Eagle Harbor were created
before the term ?workforce housing? was created. He stated that when
Eagle Harbor came back for reconsideration of their plan, proffers were
included.
Supervisor Bradshaw advised that Eagle Harbor sued the County for
connection fees for water and sewer; however, the County won the suit and
no other proffers were paid because they followed the 80% commercial and
20% residential.
Ms. Walkup clarified that the County was able to negotiate a proffer of
$500-$2,000 and it depended on the amount of commercial uses that were
built.
Supervisor Casteen referred to the sixteen (16) apartments located on
Route 17 on the Sawyer property which have two (2) bedrooms and rent for
$700 a month. He inquired when they were approved, noting the close
proximity to the proposed project.
Chairman Clark replied twenty (20) or more years ago. He
commented that those apartments do not have the amenities that the
proposed apartments will have.
Mr. Haste stated that the workforce housing definition is the same as
what is being proposed and is consistent with what the County has done
with for-sale housing. He stated that the identified need is for the rental
component, which does not exist in the County other than at Eagle Harbor.
Chairman Clark stated that he is still not clear why this project needs
the workforce subsidy with the rents being so close to that being charged at
Eagle Harbor.
17
Mr. Haste responded that the reason Eagle Harbor is able to charge the
same rates as he is proposing is because they paid no proffers.
Supervisor Bradshaw stated that the rent for a two (2) bedroom is
proposed at $12,000 annually, but the average beginning salary for teachers
in the County is $36,000, which is 1/3 of their salary in rent.
Chairman Clark commented that he did not see the workforce
component benefiting anyone in the proposed development.
Mr. Haste advised that the criteria for the amount that the average
family should pay for housing is 1/3 of their salary. He stated that his firm
is well under the upper limit rent maximums because they are from the low
end at 55% of median income. He advised that the Deed of Trust is the
control that this project will remain workforce housing.
Supervisor Casteen inquired if there were no workforce considerations
involved, what would be the number of units where it would work.
Mr. Haste replied it does not work at any number of units without a
workforce component. He stated that all the amenities and the quality of
what is being proposed could not be included and needs to be offset.
Mr. Haste advised that there would be phasing over a three (3) to five
(5) year period for the residential area and the applicant has proffered an
age-restricted component, which will be located on the Ashby side of the
property to act as a buffer. He stated the amenities include a club house
with meeting rooms; indoor exercise facility; outdoor recreation spaces;
pool; various walking trails; children play areas; and, landscaped buffers.
He stated that the commercial area will be developed in a village concept as
outlined in the design criteria in the Newport Development Service District
guidelines. He stated that parking will be located at the rear of the
buildings, which will be located towards the 70-foot buffer. He stated that a
maintenance contract will be included on all of the landscaped area. He
stated that the existing median will be relocated. He showed a concept plan
of the proposed development illustrating a proposed layout; how it would fit
in with the existing area; and, connectivity.
Supervisor Bradshaw inquired if the site design and concept shown to
the Board has been proffered.
Mr. Haste replied that the applicant has not yet submitted a site plan.
Chairman Clark advised that he would not support building the road
and connection to Ashby Subdivision. He stated that individuals have a
right to rely on platted cul-de-sacs even though there may be some notations
regarding right-of-way. He stated when individuals bought in Ashby
18
Subdivision, they saw a cul-de-sac and he believes they have the right to rely
on it continuing to be a cul-de-sac.
Mr. Haste advised that traffic studies done have assumed from the
beginning that there would be no connection through there to show that the
proposed development would work under the worst conditions.
Supervisor Casteen inquired how many people would the proposed
meeting rooms accommodate.
Mr. Haste replied approximately 50-60 individuals.
Supervisor Casteen commented that a community meeting consisting
of representatives from the proposed 350 apartments could not be held in the
meeting room.
Chairman Clark commented that many questions remain unanswered.
He noted that a landowner has a right to develop his property, but that it
must be done in a manner that is consistent with the land uses surrounding
it. He stated that he does not believe that the applicant has made an effort to
meet the concerns of the Ashby Subdivision residents and that he
recommended that the applicant meet with those residents and develop a
plan suitable to everyone.
Mr. Haste advised that the applicant met three (3) times with the
various civic leagues and received good reception. He agreed to meet with
the residents of Ashby Subdivision.
Chairman Clark advised that all apartment complexes are not trouble.
He noted that the apartments at Eagle Harbor are well-maintained and have
quality residents. He advised that Sheriff Phelps has advised that there is no
new crime associated with those apartments. He encouraged the applicant
and the residents of Ashby Subdivision to develop a plan that is satisfactory
to all.
Supervisor Bradshaw stated that he believes that this could be a
workable project. He recommended that the developer meet with the Ashby
Subdivision residents to address their concerns. He suggested that staff
review the proffers with respects to the maintenance and upkeep of the
property and advise how this will be accomplished, as well as what happens
if the Citizens Association never evolves. He recommended that the issue of
Section 8 housing be addressed by staff, specifically why Section 8 housing
can not happen. He stated that staff needs to be directed to review
workforce housing, to include what is the County?s vision; what is the
County going to do from this point forward; and, what are the County?s
expectations. He stated that the County needs to have a thorough
understanding of the roads and private roads and what will be taken into the
State system and what will not be taken into the State system; who will
19
handle it; and, how it will be handled. He stated that the County?s position
with workforce housing needs to be defined.
Chairman Clark moved that the Board table the application until the
June 10, 2008 meeting under Old Business and then withdrew his motion to
allow comments from Supervisor Casteen.
Supervisor Casteen mentioned that condominiums may be more
consistent with the goal of having vested landowners.
Chairman Clark moved that the Board table the application until the
June 10, 2008 meeting under Old Business and then withdrew his motion to
allow a question from Supervisor Wright if the matter would need to be
returned to the Planning Commission if a change in the plans occurs
following the developer and residents of Ashby Subdivision discussing the
matter.
Chairman Clark recommended allowing the applicant and residents to
first work together to see what can be accomplished.
Interim County Attorney Burton advised the Board that it would be
required to hold another public hearing if substantial changes are submitted,
but that it does not necessarily have to be returned to the Planning
Commission.
Chairman Clark moved that the Board table the application until the
Board?s June 10, 2008 meeting under Old Business. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown abstaining from voting.
Supervisor Bradshaw moved that the Board direct staff to review the
concept presented to the Board in regards to workforce housing and provide
a report on what the plans are of the County with respect to workforce
housing as far as staff foresees it moving forward; direct staff (Caskey and
Walkup) to review the proffers and ensure that the language is corrected;
direct staff to address Section 8 housing as to how that relates to this
rezoning request, particularly a proffer that precludes Section 8 housing;
address transportation and roads and the issues as far as linking it to the
Ashby Subdivision and private roads and how it will be maintained in the
future; address the maintenance and upkeep of the property as rental
property as presented in the proffers as far as how that will be addressed
long term and ensure that the County has a surety bond to ensure that the
maintenance and upkeep of this property will be maintained in accordance
to what is expected by the County; review by the Emergency Services
Coordinator regarding access into that area by the County?s fire and rescue
vehicles and school buses. The motion was adopted by a vote of (5-0) with
20
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bradshaw recognized the developer for submitting a
thorough application to the Board.
Chairman Clark called for a public hearing on the following:
An Ordinance to Amend and Reenact the Isle of Wight County Code,
Chapter 15, Taxation. Article IV. Electric and Natural Gas Consumers
Tax, Section 15-11. Electric Utility Consumer Tax. and Section 15-12.
Local Natural Gas Utility Consumer Tax.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
No one appeared to speak.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 15. TAXATION.
ARTICLE IV. ELECTRIC AND NATURAL GAS CONSUMERS TAX.
SECTION 15-11. ELECTRIC UTILITY CONSUMER TAX.
AND
SECTION 15-12. LOCAL NATURAL GAS UTILITY CONSUMER TAX.
WHEREAS, in January 2008, the Isle of Wight County Board of
Supervisors amended and reenacted Sections 15-11 and 15-12 of the Isle of
Wight County Code to incorporate an exemption from consumer utility taxes
for charitable organizations; and
WHEREAS, in so doing, correct monthly rate charges were
inadvertently revised and are therefore not now in compliance with the Code
of Virginia; and
WHEREAS, the Isle of Wight County Board of Supervisors wishes to
correct this mistake;
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of Isle of Wight County, Virginia, that Chapter 15, Taxation,
21
Article IV, Electric and Natural Gas Consumers Tax, Section 15-11, be
amended and reenacted to read as follows:
Sec. 15-11. Electric Utility Consumer Tax.
(a) In accordance with Virginia Code Section 58.1-3814 it is hereby
imposed and levied a monthly tax on each purchase of electricity delivered
to consumers by a service provider, classified as determined by such
provider, as follows:
(1) Residential consumers: Such tax shall be twenty percent
(20%) times the minimum monthly charge imposed by the service provider
plus the rate of $.015626 on each kWh delivered monthly to residential
consumers by the service provider, not to exceed three dollars ($3.00)
monthly.
(2) Non-residential consumers: Such tax on non-residential
consumers shall be at the rates per month for the classes of non-residential
consumers as set forth below:
(i) Consumer/Industrial consumers: Such tax shall be
twenty percent (20%) times the minimum monthly charge imposed by the
service provider plus the rate of $.014766 on each kWh delivered monthly,
not to exceed two hundred dollars ($200.00) per month.
(3) The conversion of tax, pursuant to this ordinance, to
monthly kWh delivered shall not be effective before the first meter reading
after December 31, 2000; prior to which time the tax previously
imposed by this jurisdiction shall be in effect.
(b) Exemptions: The following consumers of electricity are exempt
from the tax imposed by this Section.
(1) Any public safety agency as defined in Virginia Code
Section 58.1-3813.1.
(2) The United States of America, the Commonwealth and the
political subdivisions thereof, including this jurisdiction.
(3) Any property owned and exclusively occupied or used by
churches or religious bodies for religious worship or for the residences of
their ministers, as permitted by Virginia Code Section 58.1-3816.2.
(4) Any property owned and exclusively occupied or used by
charitable organizations, as permitted by Virginia Code Section 58.1-
3816.2. For purposes of this subsection, a ?charitable organization? means
any person which is or holds itself out to be organized or operated for any
charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary
22
purposes, or any person which solicits or obtains contributions solicited
from the public.
(c) Billing, collection and remittance of tax: The service provider
shall bill the electricity consumer tax to all users who are subject to the tax
and to whom it delivers electricity and shall remit the same to this
jurisdiction on a monthly basis. Such taxes shall be paid by the service
provider on a monthly basis. Such taxes shall be paid by the service
provider to this jurisdiction in accordance with Virginia Code Section 58.1-
3814, paragraphs (F) and (G), and Virginia Code Section 58.1-2901. If any
consumer receives and pays for electricity but refuses to pay the tax imposed
by this section, the service provider shall notify this jurisdiction of the name
and address of such consumer. If any consumer fails to pay a bill issued by
a service provider, including the tax imposed by this section, the service
provider must follow its normal collection procedures and, upon collection
of the bill or any part thereof, must apportion the net amount collected
between the charge for electric service and the tax and remit the tax portion
to this jurisdiction.
Any tax paid by the consumer to the service provider shall be deemed to be
held in trust by such provider until remitted to this jurisdiction.
(d) Computation of bills not on monthly basis: Bills shall be
considered as monthly bills, for the purposes of this ordinance, if submitted
12 times per year at approximately one month each. Accordingly, the tax for
a bi-monthly bill (approximately 60 days) shall be determined as follows: (i)
the kWh will be divided by two (2); (ii) a monthly tax will be calculated
using the rates set forth above; (iii) the tax determined by (ii) shall be
multiplied by two (2); (iv) the tax in (iii) may not exceed twice the monthly
?maximum tax?.
AND BE IT FURTHER ORDAINED THAT Chapter 15, Taxation,
Article IV, Electric and Natural Gas Consumers Tax, Section 15-12, be
amended and reenacted to read as follows:
Sec. 15-12. Local Natural Gas Utility Consumer Tax.
(a) In accordance with Virginia Code Section 58.1-3814, there is
hereby imposed and levied a monthly tax on each purchase of natural gas
delivered to consumers by pipeline distribution companies and gas utilities
classified by ?class of consumers? as such term is defined in Virginia Code
Section 58.1-3814 (J), as follows:
(1) Residential consumers: Such tax on residential consumers
of natural gas shall be twenty percent (20%) times the minimum monthly
charge imposed by the service provider plus the rate of $0.1867 per CCF
delivered monthly to residential consumers, not to exceed three dollars
($3.00) per month.
23
(2) Non-residential consumers: Such tax on non-residential
consumers shall be at the rates per month shown on each CCF delivered by a
pipeline distribution company or a gas utility for the classes as set forth
below:
(i) Commercial/Industrial consumers: Such tax shall be
twenty percent (20%) times the minimum monthly charge imposed by the
service provider plus the rate of $0.15716 on each CCF delivered monthly to
commercial/industrial consumers, not to exceed two hundred dollars
($200.00) per month.
(3) The conversion of tax, pursuant to this ordinance, to
monthly CCF delivered shall not be effective before the first meter reading
after December 31, 2000; prior to which time the tax previously imposed by
this jurisdiction shall be in effect.
(b) Exemptions. The following consumers of natural gas shall be
exempt from the tax imposed by this Section.
(1) Any public safety agency as defined in Virginia Code
Section 58.1-3813.1.
(2) The United States of America, the Commonwealth and the
political subdivisions thereof, including this jurisdiction.
(3) Any property owned and exclusively occupied or used by
churches or religious bodies for religious worship or for the residences of
their ministers as permitted by Virginia Code Section 58.1-3816.2.
(4) Any property owned and exclusively occupied or used by
charitable organizations, as permitted by Virginia Code Section 58.1-
3816.2. For purposes of this subsection, a ?charitable organization? means
any person which is or holds itself out to be organized or operated for any
charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary
purposes, or any person which solicits or obtains contributions solicited
from the public.
(c) Billing, collection and remittance of tax: The service provider
shall bill the natural gas consumer tax to all users who are subject to the tax
and to whom it delivers natural gas and shall remit the same to this
jurisdiction on a monthly basis. Such taxes shall be paid by the service
provider on a monthly basis. Such taxes shall be paid by the service
provider to this jurisdiction in accordance with Virginia Code Section 58.1-
3814, paragraphs (H) and (I), and Virginia Code Section 58.1-2901. If any
consumer receives and pays for natural gas billed but refuses to pay the tax
imposed by this section, the service provider shall notify this jurisdiction of
the name and address of such consumer. If any consumer fails to pay a bill
24
issued by a service provider, including the tax imposed by this section, the
service provider must follow its normal collection procedures and, upon
collection of the bill or any part thereof, must apportion the net amount
collected between the charge for natural gas and the tax and remit the tax
portion to this jurisdiction.
Any tax paid by the consumer to the service provider shall be deemed to be
held in trust by such provider until remitted to this jurisdiction.
(d) Computation of bills not on monthly basis: Bills shall be considered
as monthly bills, for the purposes of this ordinance, if submitted 12 times
per year at approximately one month each. Accordingly, the tax for a bi-
monthly bill (approximately 60 days) shall be determined as follows: (i) the
CCF will be divided by two (2); (ii) a monthly tax will be calculated using
the rates set forth above; (iii) the tax determined by (ii) shall be multiplied
by two (2); (iv) the tax in (iii) may not exceed twice the monthly ?maximum
tax?.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Supervisor Bradshaw moved that the Board take a recess. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session and
the regular order of the agenda. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
//
Chairman Clark called for the General Services report.
E. Wayne Rountree, P.E., Director of General Services, recalled that
the Board, at its February 21, 2008 meeting, had received a petition from the
residents of Thomas Park requesting sewer extension in their neighborhood.
He stated included in the agenda is a report from staff estimating a cost of
$3.5 million to install a gravity system with a force main from the Thomas
Park neighborhood to parallel Route 10 to the intersection of Berry Hill
Road to serve the 100 lots located in Thomas Park.
Supervisor Bradshaw voiced a concern that if sewer lines are located
along Route 10 it will open up property that is not located in the
25
Development Service District. He suggested instead of running the line
down Route 17 that it be run from Berry Hill Road back to Smithfield Foods
and straight up the back of the subdivision before crossing over Route 17
and picking up Hardy Elementary School.
Mr. Rountree advised that the $3.5 million is not a detailed
engineering cost, but a best guess on current construction costs. He advised
that the Health Department has not reported any claims or problems from
those property owners and if the homeowners are having problems, their
first approach should be to contact the local Health Department to determine
if they can obtain assistance with repairing their septic tanks. He further
advised that the Board?s current policy is that the County does not extend
utilities outside of the Development Service Districts (DSD?s) and this
project is outside of the DSD. He stated that more of these requests will be
coming in and the County needs to develop a policy with respect to
neighborhood sewer extensions. He advised that such task has been
assigned to the Water and Sewer Rate consultant who will be providing
recommendations in the summer. He advised that if the Board decides to
extend sewer to this neighborhood, there is a possibility that it may be
eligible for a Community Development Block grant. He advised that the
maximum grant received in the past was for $1.4 million and housing
rehabilitation is associated with those grants. He recommended that the
Board take no action on this request until it has had an opportunity to review
the proposed utility extension policy from the consultant. He offered to
meet with the involved residents and help them seek assistance from the
local Health Department.
Supervisor Bradshaw recommended that the Board continue to pursue
efforts to assist the Thomas Park community and provide hook-up to the
Hardy Elementary School.
Supervisor Brown confirmed that the residents of Thomas Park have
incurred problems with their septic tanks, but did not know where to go to
get assistance.
Chairman Clark expressed a concern with the cost and the impact of
extending sewer lines outside the Development Service District.
Supervisor Casteen stated the County can not make sewer available to
one (1) group of property owners and deny others. He recommended that
staff work within the existing tools to solve the issues associated with the
Thomas Park neighborhood and the Hardy Elementary School.
Supervisor Bradshaw moved that Public Utilities and Planning and
Zoning staff be directed to look at developing a process to amend the
Comprehensive Plan for the Development Service Districts to be able to
extend sewer; review and develop a policy to determine the petition process,
mandatory connection, connection fees and assessments; review the
26
possibility of a Community Development Block Grant for this project; and,
address how this can be funded with the Director of Budget and Finance if
and when the County moves forward with the project based on the estimates
provided by Mr. Rountree. The motion was adopted by a vote of (4-1) with
Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the
motion and Supervisor Casteen voting against the motion.
//
Chairman Clark called for the Emergency Services report.
Steven A Aigner, Emergency Services Coordinator, stated pursuant to
the Board?s direction at its February 21, 2008 meeting, staff was directed to
determine what repairs are necessary to the parking lot at the Windsor
Volunteer Fire Department. He advised that a seal coat will not be sufficient
and that the parking lot will need to be repaved at an estimated cost of
$30,000.
Supervisor Wright moved that the Board authorize staff to finalize
quotes for the paving of the parking lot; proceed with the work; and,
authorize the transfer of up to $30,000 from the Capital Contingency line
item. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for the County Administrator?s report.
Liesl R. DeVary, Director of Budget and Finance, advised that staff
has prepared an application for the Department of Homeland Security for
125 self-contained breathing apparatus. She presented a Resolution to
Accept and Appropriate Grant Funds for Self Contained Breathing
Apparatus and Associated Training for Firefighters for the Board?s
consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR
SELF CONTAINED BREATHING APPARATUS AND ASSOCIATED
TRAINING FOR FIREFIGHTERS
WHEREAS, the County of Isle of Wight, Virginia has approved the
development and submission of an application for the Assistance to
Firefighters Grant; and,
27
WHEREAS, grant funds in the amount of eight hundred ninety-five
thousand five hundred dollars ($895,500), or so much as shall be received,
needs to be accepted and appropriated to the FY 2007-08 Operating and
Capital Budget of the County of Isle of Wight, Virginia; and,
WHEREAS, such grant requires a ten percent (10%) match in the
amount of ninety-nine thousand five hundred dollars ($99,500) of which
needs to be appropriated from the Unappropriated Fund Balance of the
General Fund.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight that grant funds in
the amount of eight hundred ninety-five thousand five hundred dollars
($895,500), or so much as shall be received from the Department of
Homeland Security, and ninety-nine thousand five hundred dollars
($99,500) from the Unappropriated Fund Balance of the General Fund be
appropriated to the appropriate line item in the FY 2007-08 Operating and
Capital Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
County Administrator Caskey reminded the Board that the Town
Meeting is scheduled for Saturday, April 26, 2008 from 10:00 until 12:00
noon at Westside Elementary School.
Interim County Attorney Burton certified that the meeting has been
properly advertised as called by the Board.
//
Chairman Clark called for consideration of the Consent Agenda.
A. Virginia Department of Motor Vehicles ? Grant Funding for the
Click-It or Ticket/Highway Safety Program
. Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Motor Vehicles for the Click-It
or Ticket/Highway Safety Program
B. Monthly Financial Reports for County and Schools
C. Resolution of Appreciation for W. Ray Holland
28
D. Wetlands Board 2007 Annual Report
E. Delinquent Real Estate Tax Collection Monthly Report
F. February 21, 2008 Regular Meeting Minutes
Supervisor Bradshaw moved that the Consent Agenda be approved as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Appointments.
Supervisor Wright moved that the Board reappoint Dorothy G.
Gwaltney representing the Windsor District on the Blackwater Regional
Library Board. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark requested that staff make contact with the Blackwater
Regional Library Board to determine if the Newport and Smithfield
representatives are interested in continuing to serve on that Board.
Supervisor Bradshaw moved that the Board reappoint Paul E. Hall, Sr.
as the Isle of Wight representative on the Virginia Alcohol Safety Action
Program. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw requested that County Administrator Caskey
provide a recommendation to serve on the Southeastern Public Service
Authority.
Supervisor Brown moved that the Board reappoint Gloria Wilson
representing the Hardy District on the Social Services Board. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Chairman Clark called for Old Business.
An Ordinance to amend Section 7-28-1 (Family Member Subdivision)
of Appendix A, Subdivisions. The amendment will add criteria
29
requiring property owners requesting to create a family member
subdivision to have held fee simple title to the property for at least five
(5) years prior to filing for a family member subdivision, and the
receiving family member shall not transfer, subdivide or otherwise
convey such property in less than five (5) years. The amendment also
includes provisions for shared driveways, a maximum of four (4) lots
to be accessed from a single easement, and that no resulting lot be
comprised of more than thirty percent (30%) of environmentally
sensitive features and shall not extend over a political boundary.
Ms. Walkup stated that staff?s recommendation is to table
consideration of the Ordinance until the Board?s May 15, 2008 meeting.
Supervisor Bradshaw moved that the Board table until the Board?s
May 15, 2008 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Cingular Wireless PCS, LLC (t/a AT&T), applicant, for a Conditional
Use Permit to construct a 165 foot monopole communications tower
with related antennas and a 4 foot lightning rod, with an equipment
shelter and related communications equipment on approximately five
(5) acres of land located at 23195 Vellines Lane, in the Newport
Election District.
Ms. Walkup stated that staff?s recommendation is to table
consideration of the Ordinance until the Board?s May 15, 2008 meeting.
Supervisor Bradshaw moved that the Board table the matter until the
Board?s May 15, 2008 meeting. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Regarding the information contained in the agenda regarding the
Outlying Landing Field, County Administrator Caskey requested that the
Board formally give him direction with respect to its position on OLF.
Supervisor Wright requested that staff find out the Navy?s position.
Supervisor Bradshaw moved that the Board direct County
Administrator Caskey to contact the Southampton County Administrator and
inquire what he looks for as Isle of Wight?s participation in support of their
endeavor. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
30
Supervisor Wright notified Mr. Rountree that he had received a letter
from the Windsor Town Manager regarding the proposed Sewer and Water
Master Plan.
Mr. Rountree advised that consideration of the Sewer and Water
Master Plan was tabled by the Board at its March 2008 meeting to the
Board?s first meeting in May 2008 pending receipt of any comments from
the Town of Windsor. He advised that staff did correspond with the Town
of Windsor with the request that the Town respond in writing by April 15,
2008. He advised that the Town responded in a letter dated April 11, 2008
and cited four (4) areas of concern. He stated staff has reviewed those areas
of concern and drafted comments. He stated of the four (4) concerns
expressed, staff believes it is not inappropriate to address two (2) of them.
He advised that staff will return to the Board at its May 1, 2008 meeting
with a recommendation that the Board adopt the Sewer and Water Master
Plan, the errata sheet and the four (4) comments contained in the Board
Report. He requested that the Board advise him if there is a problem with
any of the comments.
With respect to the abandonment of the old Carrsville water system,
Supervisor Bradshaw moved that the Board direct staff to get in contact with
adjacent property owners of the old abandoned pump houses and determine
if they are interested in taking over the ownership of the pump house and the
property. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Interim County Attorney Burton inquired if the Board intended to
convey any wanted property free of charge to them.
Supervisor Bradshaw replied ?yes.?
Supervisor Casteen distributed a Scope of Work relative to the
completion of the Museum basement that he requested the Board approve.
Supervisor Casteen moved that the Board authorize the Chairman to
sign the agreement on behalf of the Board after review by the Museum
Board and the County Attorney and that $12,000 be appropriated from the
Unappropriated Fund Balance. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that Supervisor Casteen?s previous
motion be corrected to reflect that instead of directing the funds to come
from the Unappropriated Fund Balance that the funds will come at the
recommendation of the Budget and Finance Director in coordination with
the Assistant County Administrator. The motion was adopted by a vote of
31
(5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
//
Chairman Clark called for New Business.
There was no new business offered for discussion.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to actual litigation; pursuant to
Section 2.2-3711.A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to a personnel matter of a specific
public official; pursuant to Section 2.2-3711.A.7 concerning consultation
with legal counsel requiring the provision of legal advice pertaining to
Heritage Park; and, pursuant to Section 2.2-3711.A.7 concerning
consultation with legal counsel requiring the provision of legal advice
pertaining to two (2) personnel matters of specific public officials.
Supervisor Wright moved that the Board enter the Closed Meeting.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
32
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, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
The Board took no action following the Closed Meeting.
//
At 11:00 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
__________________________
Stan D. Clark, Chairman
______________________
Carey Mills Storm, Clerk
33
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