05-15-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF MAY 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
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Chairman Clark formally introduced Alex Harp, a 10 grade student at
Windsor Middle School, who called the meeting to order at 6:00 p.m. and
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 offered the following amendments to
the agenda: Under the County Attorney?s Report, add a proposed contract
with Daggett & Grigg Architects, PC for the New Animal Control Shelter
and authorize the transfer of $8,000 from capital contingency; under the
County Administrator?s report, add a Resolution to Appropriate Funds from
the Unappropriated Fund Balance of the E911 Fund for an Emergency
Communication System and authorize the Chairman to sign the contract
pending review by the County Attorney; under the County Administrator?s
report, add authorization of a transfer of $2,000 from the Contingency Line
Item for a donation to the regional burn building; under the County
Attorney?s report, add a proposed contract with Davenport & Company for
financial advisory services; under the County Attorney?s report, add an
amendment to the contract with Bailey Enterprises, Inc. regarding the
agreement for water connections in Section 4 of the Smithfield Heights
subdivision dated June 5, 2003; under the County Attorney?s report, add two
(2) Closed Meeting items; add a presentation from the Isle of Wight Rescue
Squad under Special Presentations, per the request of Supervisor Wright;
add a report from the Finance Committee under Old Business, per the
request of Supervisor Bradshaw; and, add the introduction of Mathew J.
Smolnik, a new Planner within the Department of Planning and Zoning,
under Special Presentations, per the request of Chairman Clark.
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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.
Chairman Clark formally presented a Resolution of Appreciation to
Art Collins, which had been officially adopted by the Board at its May 1,
2008 meeting.
Supervisor Bradshaw formally recognized Mrs. Diana Baise and
moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE
EFFORTS OF DIANNA BAISE
WHEREAS,Dianna Baisehas served the community with dedicated
service to the Isle of Wight County Fair for fourteen years; and,
WHEREAS,during this time has performed a variety of roles
including Logistics Co-Chair and supporting many other aspects of the
needs of Fair when needed.
WHEREAS,it should also be noted that Mrs. Baise?s efforts were also
supported by her family and children, who also gave many hours of their
time.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
express its gratitude and recognition of the gracious and dedicated service of
Dianna Baise.
BE IT FURTHER RESOLVED that the words of this resolution be
formally spread upon the minutes of the Board of Supervisors.
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 formally recognized Mr. Tom Baise and moved
that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE
EFFORTS OF TOM BAISE
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WHEREAS, Tom Baise has served the community with dedicated
service to the Isle of Wight County Fair for fourteen years; and,
WHEREAS, during this time has performed a variety of roles
including Logistics and holding the position of Chairman of the Fair
Committee.
WHEREAS, it should also be noted that Mr. Baise?s efforts were also
supported by his family and children, who also gave many hours of their
time by supporting their father?s commitment.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
express its gratitude and recognition of the dedicated service and leadership
of Mr. Baise.
BE IT FURTHER RESOLVED that the words of this resolution be
formally spread upon the minutes of the Board of Supervisors.
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.
Steve Steward, Publisher of The Tidewater News, representing the Isle
of Wight/Smithfield/Windsor Chamber of Commerce, the Smithfield
Historic Business Association, Franklin/Southampton Chamber of
Commerce and the Downtown Franklin Association, requested the Board?s
support of a resolution which would declare Saturday, May 24, 2008 as
?Stimulate our Economy Day.? He advised that approximately $7 million
will come into local households in the form of economic stimulus payments
and the President of the United States and the Congress have indicated that
they would like for this money to be spent with the mission of stimulating
this tough economy and that he would recommend that the money be spent
specifically with the businesses in Isle of Wight and Southampton Counties
and the City of Franklin. He advised that studies indicate that a dollar spent
locally will turn over from seven (7) to fifteen (15) times before it leaves the
economy.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION IN SUPPORT OF THE ?LET?S STIMULATE
OUR ECONOMY? PUBLIC-SERVICE CAMPAIGN
WHEREAS, the United States Congress has authorized the
appropriation of more than $7 million in economic stimulus payments to
households in the City of Franklin and the Counties of Isle of Wight and
Southampton; and,
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WHEREAS, the Isle of Wight-Smithfield-Windsor Chamber of
Commerce, the Franklin-Southampton Area Chamber of Commerce, the
Smithfield Historic District Business Association, and The Tidewater News
have created and co-sponsored the ?Let?s Stimulate OUR Economy? public
service campaign in an effort to encourage local citizens to spend their
economic stimulus payments in the local community; and,
WHEREAS, each $1 spent in the local community generates $5 to $14
in value as it is passed from one consumer or business to the next.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia supports
and endorses the ?Let?s Stimulate OUR Economy? public service campaign.
BE IT FURTHER RESOLVED that May 24, 2008 is hereby
designated as ?Stimulate Our Economy Day? in Isle of Wight County.
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.
Beverly H. Walkup, Director of Planning and Zoning, formally
introduced Mathew J. Smolnik, a new Planner within the Department of
Planning and Zoning.
Brian Carroll, Isle of Wight Volunteer Rescue Squad, provided the
following response to concerns voiced by Supervisor Wright regarding
certain comments that were contained and circulated in an Isle of Wight
Volunteer Rescue Squad (IOWRS) fund-drive letter that were perceived as
negative about the County: The IOWRS has to raise funds in order to
operate because the County does not fund its budget completely; that the
funds do go into the General Fund and that the County did previously
release a press release to clarify that the County volunteer organizations do
not bill for their services and that the County bills for its services; and, that
IOWRS designates the County as its billing agent and understands that some
of these funds come back to the County and that all overages received above
expenditures of the organization come back to the organization. He advised
that the purpose the fund-drive letter is to let individuals know that the
IOWRS still needs to maintain and raise funds even though the County
allocates a considerable amount of funding. He pointed out that the IOWRS
has never requested additional funding from the County other than in 1994
when the organization experienced a tremendous increase in call volume due
to the implementation of E-911. He stated that the IOWRS accepts the
annual County contribution of $120,000 towards its $280,000 Operating
Budget. He stated that the IOWRS placed a new ambulance in service in
2007 and is aware of only $85,000 being allocated to that organization this
year. He advised that the base price of the new ambulance is $138,000,
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exclusive of paint, lettering, radio and equipping, which will cost an
additional $25,000 and does not include the $80,000 it takes to stock an
ambulance if it had to be stocked from scratch. He advised that most of the
usable equipment will be removed from an ambulance to be taken out of
service and moved over to the new ambulance. He stated that the
implementation of billing began in 2004 and in 2005, the IOWRS collected
donations in the amount of $133,000; in 2006, $81,900 was collected; in
2007, donations declined to $65,300; and, the IOWRS continues to see a
decrease in donations today. He stated it was through no intent of the
organization to spite the County in the fund-drive letter.
Following discussion about the fact that it is the Fire and Rescue
Association?s responsibility to advise the Board about the financial needs of
the various organizations for inclusion in the County?s CIP, Mr. Carroll
responded that until last year, the Fire and Rescue Association operated
under a $500,000 cap, which was divided up amongst the various
organizations and of which the IOWRS received $85,000.
Chairman Clark offered to attend the next meeting of the Fire and
Rescue Association.
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Chairman Clark called for Regional reports.
Chairman Clark advised that Supervisor Casteen would be attending
the next Coalition of High Growth Communities meeting during the annual
VACo Conference.
Chairman Clark advised that staff would be attending the next meeting
of the Hampton Roads Planning District Commission next week on his
behalf.
Supervisor Wright reported that the members of the Joint Tourism
Committee have been very active and have developed some good ideas.
Supervisor Wright reported that a new Western Tidewater Regional
Jail Superintendent has been hired and that he would be addressing the
Hampton Roads Military and Federal Facilities Alliance with respect to
dredging matters.
Supervisor Bradshaw reported that he would be attending the VACo
Resolutions and Conference Committee meetings tomorrow.
Relative to the South Hampton Roads Resource Conservation and
Development Council, Supervisor Casteen reported that the WISP project is
underway and that the bee keepers meeting had received an overwhelming
response.
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Chairman Clark called for Transportation Matters.
Mac Neblett, VDOT Residency Administrator, advised that the size of
the pipe to be installed under Route 460 has been determined; however,
additional right-of-way needs to be obtained on the north side to
accommodate a portion of that pipe. He further advised that VDOT will
begin work on the additional striping at Zuni Circle. He advised that work
to bury pipe lower than the existing ditch to bring the water down James
Way toward Lawnes Creek along the Route 10 drainage ditch system will be
initiated following the completion of the Route 460 project.
Supervisor Brown advised that excavation needs to occur upstream
from Lawnes Creek in order to create a defined ditch depth.
Supervisor Casteen commended Supervisor Bradshaw?s efforts to have
the flooding alleviated on the Route 460 evacuation route.
Supervisor Bradshaw inquired about the status of the Blackwater
Bridge.
Mr. Neblett advised that the project has been awarded to English
Construction Company and it is anticipated to commence following
Memorial Day.
Supervisor Bradshaw requested that Mac Neblett contact Joe
Goodson, Lee?s Mill Road, regarding the flooding of the ditches and the
culverts that have collapsed.
Supervisor Casteen requested that the dedicated right-turn lane on
Main Street be doubled to alleviate backup of vehicles during construction.
Chairman Clark requested that Mr. Neblett investigate and report back
on the status of Ms. Johnson?s request that the left turn lane on northbound
Route 17 at Bartlett be expanded.
Mr. Neblett advised that VDOT was hopeful that the intersection
would be re-worked during the Crossings development.
Chairman Clark requested that VDOT not wait on the Crossing
development before addressing Ms. Johnson?s request.
Supervisor Bradshaw requested the status of the abandonment of
Piney Grove Street.
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Mr. Neblett advised that the abandonment has been advertised in The
Tidewater News and that he would keep him apprised of any new
developments.
Ken Hildebrand, 22209 Hanes Lane, requested that the double no
passing zone on Vellines Lane be extended 150 feet through the curve to
prevent accidents at that location.
Richard Castle, 23261 Vellines Lane, requested that the turning lane
on King?s Cove Way be extended. He further requested the status of the
pipe underneath Route 17 to address drainage problems.
Mr. Neblett advised that while studies have been conducted, no final
decision has been reached. He noted it is a matter of funding whether or not
VDOT will be able to address this concern.
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Chairman Clark called for Citizens Comments.
Wayne Melcore notified the Board of his support for the proposed
changes to the Family Subdivision Ordinance.
Jennifer Stanton, 7450 Barton?s Landing, introduced herself to the
Board and advised that she is running for Commonwealth?s Attorney. She
advised that she could ease the County?s burden if elected because a
function of that office is to pursue forfeitures in criminal matters. She noted
through a sharing agreement, any monies from forfeitures can go to alleviate
funding for local law enforcement agencies or fire and rescue organizations.
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Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton presented a Deed of Gift from
International Paper Company and recommended that the Chairman be
authorized to execute it on behalf of the Board.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the Deed 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.
Interim County Attorney Burton requested that the proposed
Resolution to Include Board of Supervisors Members in County Fringe
Benefits be discussed later following the public hearings as he anticipates
that this matter will take some time to discuss.
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Supervisor Bradshaw moved that discussion and consideration of the
Resolution be moved to Old Business. 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 presented a Deed from Attorney
Riddick for the County to convey the 2.5 acres on James and Washington
Streets to the Town of Smithfield. He recommended that the Chairman be
authorized to approve the conveyance and he advised that he had a
resolution for the Board to adopt to that effect.
Supervisor Casteen moved that the Board authorize the Chairman to
approve the conveyance. 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.
Noting that he had not had an opportunity to read the resolution
prepared by Interim County Attorney Burton, Supervisor Bradshaw moved
to rescind the above motion and that this item be moved to Old Business to
allow the Board time to read the proposed Resolution. 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 noted that the following items have
been advertised by his office for public hearing later in the meeting:
. Ordinance to Amend and Reenact the Isle of Wight County
Code, Chapter 15. Taxation. Article V. Correction of
Assessments and Refunds. Section 15-20. Same-Refund to be
with Interest;
. Ordinance to Set the Salaries for the Chairman and Members of
the Board of Supervisors, Pursuant to the Code of Virginia,
Section 15.2-1414.3;
. An Appropriation Ordinance Pertaining to the Budget of Isle of
Wight County, Virginia for Fiscal Year 2008-2009;
. An Ordinance to Set and Impose Tax Levies for Fiscal Year July
1, 2008 to June 30, 2009;
. An Ordinance Implementing Personal Property Tax Relief in
Isle of Wight County, Virginia for Calendar year 2008.
Interim County Attorney Burton advised that he had two (2) items to
discuss with the Board later during the Closed Meeting.
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Interim County Attorney Burton presented a contract with Daggett &
Grigg Architects, PC for the new Animal Control Shelter for the Board?s
consideration. He advised that $8,000 needs to be transferred from the
Capital Contingency.
Supervisor Wright moved that the contract with Daggett & Griff
Architects, PC be approved and the Chairman execute it 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.
Chairman Clark moved to authorize the transfer of $8,000 from capital
contingency. 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 presented a contract with Davenport
& Company for Financial Advisory Services for the Board?s consideration.
Supervisor Bradshaw moved that the Chairman be authorized to sign
the contract 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.
Interim County Attorney Burton presented a contract amendment with
Bailey Enterprises, Inc. regarding the agreement for water connections in
Section 4 of the Smithfield Heights Subdivision dated June 5, 2003 for the
Board?s consideration.
Chairman Clark moved that the Board approve the amendment to the
contract. 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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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:
The application of JWL Investments, LLC, owner, for a change in
zoning classification from Rural Agricultural Conservation (RAC) to
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Conditional-Rural Residential (C-RR) of approximately 5.63 acres of
land located on the east side of Old Stage Highway (Route 10), north
of the intersection of River Oaks Lane and Old Stage Highway, in the
Hardy Election District. The purpose of the application is for one (1)
single-family residential lot, as conditioned.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
William Riddick, Attorney representing the applicant, advised that the
applicant desires to create a one (1) lot subdivision, approximately five (5)
acres in size. He advised that there was a violation for clearing and the
applicant has been pro-active in mediating the problem.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the application be approved, as
conditioned. 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:
An Ordinance to amend the Chesapeake Bay Preservation Area
Ordinance, specifically, to add Article 6, entitled, ?Septic Pump-Out
Program.? The program generally will require that private, on-site
septic systems are pumped at least once every five (5) years. The
program will affect properties located in the Chesapeake Bay
watershed, which includes parts of the Carrsville, Hardy, Newport,
Smithfield and Windsor Election Districts, excluding the Towns of
Smithfield and Windsor.
Kim Hummel, Department of Planning and Zoning, briefed the Board
on the Septic System Pump-Out Program, as mandated under the
Chesapeake Bay Program. She stated that it is inevitable that there will be
individuals who can not afford the cost of a pump out and staff is looking at
ways to address that issue, to include the identification of grant funds. She
advised that staff is also working closely with the Health Department and the
Subcommittee on Septic Pump Out and recommends that the Subcommittee
be allowed to continue.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance amendment.
Mr. Cassel of 23261 Vellines Lane stated that septic tanks are self
perpetuating, if operated properly. He stated that gallon and a half flush
toilets which were mandated in 1996 when he built his home do not flush
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effectively. He stated that he could not believe that the government is
concerned with an individual?s septic tank when it is allowing the dumping
of biosolids on fields.
Chairman Clark closed the public hearings and called for comments
from the Board.
Beverly H. Walkup, Director of Planning and Zoning, advised the
Board on the anticipated cost to the County to run the program, noting that
there are funds available that were budgeted this current year for mailings.
She further advised that the remaining involves staff?s time.
Supervisor Bradshaw requested that the cost of the program be
tracked.
Responsive to Supervisor Brown?s concern that there might be
unethical dealings with inspectors, Ms. Hummel advised that there is a list
of currently permitted septic pump-out haulers for this area. She advised
that the inspection requirement has been deleted and approximately 80% of
households throughout the County use on-sight septic systems.
Supervisor Wright commented that he would like to see
documentation that septic tanks in the County, which will be affected by the
implementation of the proposed ordinance, will have a negative impact on
the Chesapeake Bay.
Chairman Clark noted that the County is not prepared at this time to
provide any financial assistance with pump outs.
Ms. Walkup advised that staff has applied for grant funds and a survey
will be sent out requesting household income and size so that staff can
assess how many homes will qualify for financial assistance.
Supervisor Bradshaw expressed concern with the $5,000 penalty
included in the Ordinance.
Ms. Walkup advised that staff will be doing a public campaign and, if
citizens view this as a problem, they will voice their concern. She noted that
in addition to community meetings, the program will be advertised on the
County?s website, as well as a segment included in ?The County Beat.?
Chairman Clark moved that the following Ordinance be adopted as
drafted and presented:
ANORDINANCETOAMENDANDREENACTTHE
ISLEOFWIGHTCOUNTYCODE
APPENDIXB-1.CHESAPEAKEBAYPRESERVATIONAREA
ORDINANCE.
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BYADDINGANEWARTICLE,
ARTICLE6.SEPTICPUMP-OUTPROGRAM.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, is committed to ensuring the protection of the environment for the
benefit of its citizens; and
WHEREAS, the Board of Supervisors enacted the Isle of Wight
County Chesapeake Bay Preservation Area Ordinance in accordance with
Section 10.1-2100 et seq. of the Code of Virginia (1950, as amended) (the
?CBPA); and
WHEREAS, Section 4000(B)(7) of the CBPA requires regular
maintenance for private, on-site Septic Pump-Outs;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B-1. Chesapeake Bay Preservation Area
Ordinance is hereby amended and reenacted to include the following:
Article 4. Performance Standards and Development Criteria
Section 4000. General Performance Standards
B. General Performance Standards for Development and
Redevelopment in the Chesapeake Bay Preservation Area.
7. All on-site sewage disposal systems not requiring a Virginia
Pollution Discharge Elimination System (VPDES) permit shall
be pumped out at least once every five years. As an alternative to
the pump-out every five years, there shall be the option of
having a septic effluent filter installed and maintained in the
outflow pipe from the septic tank to filter solid material from the
effluent while sustaining adequate flow to the drainfield to
permit normal use of the septic system. Such a filter should
satisfy standards established in the Sewage Handling and
Disposal Regulations (12 VAC 5-610) administered by the
Department of Health. Septic treatment systems equipped with
an effluent filter would require pump-outs under this program
only once every seven years.
Article 6. Septic Pump-Out Program.
Section 6000. Purpose and Findings.
The purpose of the Septic Pump-Out Program is to protect public health,
safety, and welfare through ensuring the proper functioning of on-site
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sewage disposal systems. The Septic Pump-Out Program also is intended to
protect water quality within the Chesapeake Bay watershed, and is required
to meet state and local Chesapeake Bay Preservation Area regulations.
Findings made by Isle of Wight County include the following:
1)Individual and group on-site sewage treatment systems continue to be
heavily relied upon throughout most parts of the County, including
properties located within the Chesapeake Bay watershed.
2)Septic systems require proper management and maintenance in order to
continue working as intended. Solids will accumulate over time and
require pumping out.
3)Septic systems that are improperly installed or maintained are subject to
clogging and/or overflow. A malfunctioning system may cause
contaminants to rise to the surface, pollute ground or surface water,
create foul odors, and otherwise threaten public health, safety, and
welfare.
4)Most experts recommend that on-site sewage treatment systems be
inspected and pumped out as necessary every three to five years,
according to the U.S. Environmental Protection Agency.
5)Septic systems that are properly maintained are less likely to cause
pollution. Routine maintenance can help avoid the costs of emergency
replacement and/or major repairs caused by neglect.
Section 6001. Authority.
This program is authorized by the Commonwealth of Virginia, pursuant to 9
VAC 10-20-120.7 and Section 4000(B)(7) of the Isle of Wight County
Chesapeake Bay Preservation Area Ordinance.
Section 6002. Severability.
If any section, paragraph, subdivision, clause, phrase, or provision of this
Article shall be held as invalid or unconstitutional, such a ruling shall not
affect the validity of the remainder of this Article.
Section 6003. Effective Date.
This program shall go into effect on August 1, 2008.
Section 6004. Applicability.
The purpose of the Septic Pump-Out Program is to encourage proper
maintenance and increase the functional life of on-site septic systems
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through regular pump-outs at least once every five (5) years. The program
applies to those properties located in the Chesapeake Bay watershed in Isle
of Wight County, Virginia that are served by private, on-site sewage
treatment and disposal systems. Please see special language located
elsewhere in this document regarding septic systems equipped with septic
tank effluent filters.
A. No property owner located within the Chesapeake Bay watershed of
Isle of Wight County, Virginia shall operate an on-site sewage
treatment system unless such construction, installation, alteration,
maintenance or operation is in compliance with all applicable sanitary
regulations and this program.
B.Septic tank pump-outs as prescribed in this article shall take place at
least once every five (5) years, other than as noted in Item C.
C.On-site septic systems that have been equipped with a septic tank
effluent filter are required to have pump-outs only once every seven
(7) years to comply with Isle of Wight County regulations. Please note
that manufacturer recommendations may call for more frequent
inspection and/or pump-out for systems equipped with effluent filters.
Section 6005. Exemptions.
Situations exempt from the septic pump-out requirement include any
inactive or abandoned on-site septic system.
To qualify for exemption, property owners must provide the County with
appropriate, written verification. This could include a statement or other
evidence acceptable to the County. The statement or evidence must show the
old septic system has been pumped out and destroyed, either with the tank
being crushed in and backfilled in place or the tank filled with clean sand.
There is no permit required to abandon a septic tank system.
Section 6006. Definitions.
AOSE:An abbreviation for Authorized Onsite Soil Evaluator, an individual
certified by the Virginia Department of Health. An AOSE is someone who
has demonstrated knowledge, skills, and abilities in the practice of siting
and designing on-site septic systems. An AOSE may be from the private
sector or be employed by the Virginia Department of Health.
Authorized Inspector: This may include a licensed professional engineer, an
Authorized Onsite Soil Evaluator, or a person hired or contracted by the
County or State to inspect on-site septic systems.
Chesapeake Bay Preservation Area (CBPA): Any land designated by the
Board of Supervisors pursuant to Part III of the Chesapeake Bay
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Preservation Area Designation and Management Regulations, 9 VAC 10-20
et seq., and Section 10.1-2107 of the Code of Virginia (1950, as amended).
The Chesapeake Bay watershed covers half of Isle of Wight County,
Virginia and generally includes all parcels to the east of Route 258. A map
that precisely shows the extent of the watershed is available in the
Department of Planning and Zoning.
County: Isle of Wight County, Virginia.
Malfunctioning system: Any septic system that is overflowing, clogged, or
otherwise creating a threat to the public health, safety and general welfare,
as regulated by the Virginia Department of Health. Includes any on-site
system that is not performing as specified, as determined by an authorized
inspector.
Septic Effluent Filter: A plastic device installed on the outflow pipe from the
septic tank. The device filters solid material from the effluent while
sustaining adequate flow to the drainfield. The outflow filter must meet
standards set by the Sewage Handling and Disposal Regulations (12 VAC 5-
610-10 et seq.) administered by the Virginia Department of Health.
Septic System: Any private on-site sewage treatment and disposal system
not requiring a VPDES permit.
Septic System, Active:Any on-site septic system contained within the
Chesapeake Bay watershed that is currently in use for any affected property.
Septic System, Inactive: Any on-site septic system that has been abandoned
or is no longer in service. The functional status of any given system must be
documented by the Virginia Department of Health or any licensed sewage
handler.
Sewage handler: Any person, contractor or corporation allowed to operate
under a permit issued by the Virginia Department of Health to pump-out
sewage treatment systems.
Violator: Any person who: (1) violates any provision of this program or (2)
violates or fails, neglects, or refuses to obey any Board of Supervisors? or the
Zoning Administrator?s final notice, order, rule, regulation, or variance or
permit condition authorized under this program.
Zoning Administrator: The person, or authorized designee, responsible for
administering and enforcing the Septic Pump-Out Program.
Section 6007. Administration.
A. General Procedures:
15
Septic systems located within the Chesapeake Bay watershed must be
pumped out at least once every five (5) years, except as noted under Item F.
for systems equipped with a septic tank effluent filter. Property owners are
responsible for the costs of pump-outs. The Zoning Administrator is
responsible for the general administration and enforcement of the Septic
Pump-Out Program.
To support the Septic Pump-Out Program, the County will create and
maintain a database to document all affected septic systems and to serve as a
tracking mechanism. The database will be organized according to Tax Parcel
ID number. The database will contain the following information: name of
property owner, mailing address, physical address, and last date of septic
system pump-out.
Affected property owners will be required to register their septic systems
with the Department of Planning and Zoning. This includes both existing
and new septic systems. The County will notify property owners and provide
the forms that need to be filled out to comply with the Septic Pump-Out
Program.
The Department of Planning and Zoning will administer the program
through a combination of public education, mailings, and information posted
on the Isle of Wight County Internet web site. Activities to be undertaken by
the County will include the following:
Notification to affected property owners.
?
Mailings of the program Verification and Compliance Forms (once
?
every five years).
Other homeowner education and outreach as deemed appropriate.
?
B. Program Phase-In:
The Septic Pump-Out Program will be phased in over a period of five (5)
years. The phasing in will be done by election district, with one election
district added per year. The County?s five election districts include the
Carrsville, Hardy, Newport, Smithfield, and Windsor districts.
The phase-in will start with the Smithfield Election District and then
continue by alphabetical order to the Windsor Election District, Carrsville
Election District, Hardy Election District, and the Newport Election District.
The program starts first with the Smithfield Election District to coordinate
with the Town of Smithfield, which also is implementing a septic pump-out
program. The Smithfield Election District includes the Town of Smithfield
and parts of the County outside of Town limits.
C. Right of Entry:
16
The Zoning Administrator, or authorized designee, shall have the right to
enter property where an individual or group septic system is located for the
purpose of observation, inspection, monitoring and/or sampling the septic
system, its drainfield and the surrounding land area.
D. Role of Property Owner with Septic System:
Property owners with septic systems located within the Chesapeake Bay
watershed must participate in the Septic Pump-Out Program. This includes
filling out, signing and submitting forms as required by the County.
Property owners are in compliance with the Septic Pump-Out program
when: 1) They have filled out, signed and submitted the septic system
verification forms as required by the County; and 2) they have had septic
system pump-outs as required by the County.
This program will be carried out in stages, by election district, with the
affected property owners notified each year by the County. In any given
year, those property owners who have been notified by the County will have
24 months from the date of notification to have pump-outs completed or to
demonstrate why they are exempt from the program.
Property owners who fail to provide information to the County when
requested may be subject to civil penalties and/or court-ordered fines.
E. Complaints and Appeals:
Written complaints about the Septic Pump-Out Program should first be
directed to the Zoning Administrator, who can investigate and determine
whether a complaint is valid. Any person or persons who continue to feel
aggrieved by this program, or any decisions made by the Zoning
Administrator, may appeal those decisions, in writing, to the Board of
Supervisors. Appeals to the Board of Supervisors must be made within 30
days of the date of the written decision by the Zoning Administrator, or such
decision shall be final.
Any decision by the Board of Supervisors regarding the Septic Pump-Out
Program may be appealed by petitioning the Circuit Court of Isle of Wight
County within 30 days after the final decision of the Board of Supervisors,
or such decision shall be final.
F. Septic Tank Effluent Filters:
The Septic Pump-Out Program allows the installation of septic tank effluent
filters on all new on-site septic systems and as a retrofit on all existing septic
systems, where appropriate. The Virginia Department of Health has advised
that some types of septic treatment systems do not have septic tanks and are
not designed to include septic effluent filters (some aerobic sewage
17
treatment units, for example, are not appropriate for installation of these
effluent filters).
Under the Septic Pump-Out Program, the required pump-out period for
septic tanks equipped with effluent filters is once every seven (7) years
instead of once every five (5) years. Please be aware that manufacturer
specifications for effluent filters may require more frequent pump-outs to
maintain proper functioning of the effluent filter.
The County strongly recommends that septic tank effluent filters be installed
by septic tank contractors and in accordance with standards set by the
Virginia Department of Health.
Section 6008. Enforcement, Violations and Penalties.
A. Enforcement:
The Zoning Administrator, or authorized designee, holds the primary
responsibility for administering the Septic Pump-Out Program. The Zoning
Administrator shall seek criminal or civil enforcement for any provision of
this program and take any action on behalf of the County to prevent or abate
any violation or potential violation of this program.
The Zoning Administrator, upon written request of an interested person
whose property may be affected, shall render a decision, based on the facts
presented, as to the applicability of this ordinance to particular situations
that may arise under the Septic Pump-Out Program. See Section 6007.E.
regarding complaints and appeals.
B. Penalties:
Violators shall, upon finding by an appropriate circuit court, be assessed a
penalty up to five thousand dollars ($5,000.00) for each day of violation.
As an alternative to a court-ordered penalty, violators may be offered the
option of a onetime payment of civil charges for each violation in specific
sums, not to exceed ten thousand dollars ($10,000.00) for each violation, as
determined by the Isle of Wight County Board of Supervisors.
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 Wright moved that staff be directed to bring back scientific
evidence that the County is polluting the Chesapeake Bay through septic
tank systems and that staff be directed to report to the Board as violators are
found. The motion was adopted by a vote of (5-0) with Supervisors
18
Bradshaw, Brown, Casteen,Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that staff be directed to develop a plan to
assist individuals who are on fixed incomes or who can not afford to pay the
financial burdens due to theSeptic Pump-out Program and bring it back to
the Board for 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.
Supervisor Bradshaw moved that the Planning Commission
Subcommittee for the Septic Pump-out Program be authorized to continue
working with staff on the program development and implementation. 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:
C. An Ordinance to Impose Tax Rates for Isle of Wight County,
Virginia for Fiscal Year July 1, 2008 to June 30, 2009
Interim County Attorney Burton certified that the Ordinance had been
properly advertised. He recommended that the Board adopt the Ordinance.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted:
AN ORDINANCE TO IMPOSE TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009
ADOPTED THIS 15th DAY OF MAY, 2008.
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
(1) That there is hereby levied for the fiscal year beginning July 1,
2008, a tax of $0.52 per one hundred dollars of assessed valuation on all
taxable real estate, and all real and personal property of public service
19
corporations in accordance with Section 58.1-2606 of the Code of Virginia,
as amended;
(2) That there is hereby levied for the fiscal year beginning July 1,
2008, a tax of $0.95 per one hundred dollars of assessed valuation on
machinery and tools used in businesses as defined in Section 58.1-3507 of
the Code of Virginia, as amended;
(3) That there is hereby levied for the fiscal year beginning July 1,
2008, a tax of $1.00 per one hundred dollars of assessed valuation on boats,
watercraft and aircraft as defined in Section 58.1-3606 of the Code of
Virginia, as amended;
(4) That there is hereby levied for the fiscal year beginning July1,
2008, a tax of $0.32 per one hundred dollars of assessed valuation on
watercraft, including vessels and ships, weighing five tons or more,
excluding privately owned pleasure boats and watercraft for recreational
purposes only;
(5) That there is hereby levied for the fiscal year beginning July 1,
2008 a tax of $4.40 per one hundred dollars of assessed valuation on
tangible personal property as defined and classified in Sections 58.1-3500,
58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of
Virginia, as amended, except that all household goods and personal effects
as defined and classified in Section 58.1-3504 are exempt from said levy;
and
(6) That there is hereby levied for the fiscal year beginning July1,
2008, a tax of one-half (1/2) of one percent (1%) of the gross receipts on
telephone and telegraph companies, water companies, heat, light and power
companies, except electric suppliers, gas utilities and gas suppliers as
defined in Section 58.1-400.2 of the Code of Virginia, as amended, and
pipeline distribution companies as defined in Section 58.1-2600 of said
Code, accruing from sales to the ultimate consumer in the County of Isle of
Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia, as
amended, however in the case of telephone companies, charges for long
distance telephone calls shall not be included in gross receipts for purposes
of license taxation.
BE IT FURTHER ORDAINED:
That this Ordinance be entered in the Minutes of this Board of
Supervisors and that a copy thereof by the Clerk of this Board, be furnished
to the Treasurer of this County.
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.
20
Chairman Clark called for a public hearing on the following:
D. An Appropriation Ordinance Pertaining to the Budget of Isle of
Wight County, Virginia for Fiscal Year July 1, 2008 Through
June 30, 2009.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved to approve An Ordinance Implementing
Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar
Year 2008, which passed unanimously (5-0). When the Chairman called for
a public hearing on Item (E), An Ordinance Implementing Personal Property
Tax Relief in Isle of Wight County, Virginia for Calendar Year 2008,
Supervisor Bradshaw moved to rescind his earlier motion to approve, which
passed unanimously (5-0).
Supervisor Bradshaw moved that the following Appropriation
Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for
Fiscal Year July 1, 2008 Through June 30, 2009 be adopted:
AN APPROPRIATION ORDINANCE PERTAINING TO THE
BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA
FOR FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009
ADOPTED THE 15th DAY OF MAY, 2008
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
(a) By motion at its May 1, 2008 meeting, the Board approved
a budget for fiscal year 2008 - 2009 in the sum of $ 99,722,371.00;
(b) That lump sum appropriations are hereby made on an
annual basis for fiscal year beginning July 1, 2008, through June 30, 2009,
for separate items, categories, functions and purposes in the budget adopted
by the Board of Supervisors on the 1st day of May, 2008, including the sum
of $ 64,865,066.00 is hereby appropriated to the Isle of Wight County
School Board.
21
(c) That all proceeds received for the fiscal year beginning
July 1, 2008 from the County general tax rate levies, from other local
revenue, from Federal and State funds and supplements and from all other
funds and sources for general County functions and purposes, including
public schools and public welfare, be credited to the General Revenue Fund
of this County, and, when and if appropriated by the Board of Supervisors of
this County, shall be used for such functions and purposes and to defray the
charges and expenses of said County and all necessary charges incident to or
arising from the execution of the lawful authorization of the Board of
Supervisors of this County;
(d) That the County Administrator is hereby authorized to
make all expenditures in payment of all line items in the budget at any time
during the fiscal year in any amounts so long as those amounts are not
greater than the amounts available in the fund for such item or category and
the County Administrator is hereby authorized to make line item transfers
within categories and from category to category so long as the transfers of
line items are within the budget and do not exceed the funds available for
such purpose.
(e) That all encumbered funds which are earmarked for
specific projects, which are not expended during the current fiscal year, will
be carried over as encumbered funds for said projects for the ensuing years
unless the encumbrances are removed by action of the Board of Supervisors.
(f) That the Treasurer of Isle of Wight County is hereby
authorized and directed to transfer to the indicated appropriate ?funds? in
the aforesaid budget estimates from the General Revenue Fund, from time to
time, as monies become available, sums equal to but not in excess of the
appropriation herein made to such ?funds?, for the functions and purposes
therein indicated from the General Revenue Fund for the period covered by
this appropriation ordinance.
(g) That the Treasurer of Isle of Wight County is hereby
authorized to honor and pay all warrants and to pay out funds from the
various ?funds? indicated in said Budget estimates for any contemplated
expenditure for which funds have been made available and appropriated for
such contemplated expenditures.
(h) That this Ordinance be entered in the Minutes of this
Board of Supervisors and that a copy thereof by the Clerk of this Board, be
furnished to the Treasurer of this County.
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:
22
E. An Ordinance Implementing Personal Property Tax Relief in Isle
of Wight County, Virginia for Calendar Year 2008.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted:
AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX
RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA
FOR CALENDAR YEAR 2008
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of the County of Isle of Wight, Virginia, to-wit:
That, in accordance with the Personal Property Tax Relief Act, as
adopted by the Virginia General Assembly, the car tax relief for Calendar
Year 2008 shall be set at fifty-six percent (56%) for vehicles over $1,000.00
in value on the first $20,000.00 in value and for vehicles valued at
$1,000.00, or under, the percentage of relief shall be one hundred percent
(100%).
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:
F. An Ordinance to Set the Salaries for the Chairman and Members
of the Board of Supervisors, Pursuant to the Code of Virginia,
Section 15.2-1414.3
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the Ordinance.
No one appeared and spoke.
23
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Casteen commented that the Board is currently entitled to
receive insurance through the County and that he is currently enrolled under
Section 15.2-1414.2 of the Code of Virginia. He inquired if he would still
be entitled to receive insurance if the Board votes to go to Section 15.2-
1414.3 of the Code of Virginia, which requires a resolution, whereas
Section 15.2-1414.2 already grants those benefits.
Interim County Attorney Burton advised that benefits are a separate
issue from salaries, which was just adopted and, which is pursuant to
Section 15.2-1414.3. He stated that it appears that in past years the Board
has operated under Section 15.2-1414.2, which is based on population.
Supervisor Bradshaw stated that he believes that the Board changed
from operating under Section 15.2-1414.2 to Section 15.2-1414.3 of the
Code of Virginia around 2005-2006. He stated that Interim County
Attorney Burton has researched the matter, but could not find where the
Board legally voted to switch from Section 15.2-1414.2 to Section 15.2-
1414.3. He stated that the Board discussed this matter two (2) years ago
and Interim County Attorney Burton had attempted unsuccessful to resolve
this matter last year, but missed the deadline.
Supervisor Casteen requested clarification that voting on the above
Ordinance dealing with the issue of salaries would not affect the insurance
that he currently has in place through the County.
Chairman Clark acknowledged that voting on the Ordinance under
consideration would not affect Supervisor Casteen?s insurance that is
currently in place.
Supervisor Casteen made reference to an earlier discussion that he had
held with Interim County Attorney Burton which lead him to believe
differently.
Interim County Attorney Burton clarified that the discussion he had
held with Supervisor Casteen was that under Section 15.2-1414.2 there is
no requirement for a resolution for benefits; however, under Section 115.2-
1414.3, there is a requirement for benefits. He noted that he intended to
address that when the Board got to that topic, but in the course of that there
are proposed resolutions for the Board to approve which will satisfy the
requirement of that code section.
Supervisor Bradshaw moved that the following Ordinance be adopted:
24
AN ORDINANCE TO SET THE SALARIES FOR THE CHAIRMAN AND
MEMBERS OF THE BOARD OF SUPERVISORS,
PURSUANT TO THE CODE OF VIRGINIA,
SECTION 15.2-1414.3
BE IT ORDAINED by the Board of Supervisors of the County of Isle
of Wight, Virginia, that annual salaries for the Chairman, Vice Chairman
and members of the Board of Supervisors shall be as follows:
Chairman, Vice Chairman and Board Member $11,402.26
The Chairman shall be paid an additional sum of $1,800.00 per Fiscal
Year and the Vice Chairman shall be paid an additional sum of $1,200.00
per Fiscal Year.
The annual salaries for the Chairman, Vice Chairman, and Board
Member shall be increased in each succeeding Fiscal Year in the same
percentage as the general wage increase approved for permanent full-time
County employees, provided, however, that such increases do not exceed the
limits authorized by Virginia Code Section 15.2-1414.3 as amended from
time to time. The Board of Supervisors shall approve the increases in
salaries as a part of its adoption of the annual appropriation ordinance
pursuant to state law.
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:
G. An Ordinance to Amend and Reenact Isle of Wight County Code
?Chapter 15. Taxation. Article V. Correction of Assessments and
Refunds. Section 15.20. Same - Refund to be With Interest.?
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
25
ISLE OF WIGHT COUNTY CODE
?CHAPTER 15. TAXATION.
ARTICLE V. CORRECTION OF ASSESSMENTS AND REFUNDS.
SECTION 15-20. SAME ? REFUND TO BE WITH INTEREST.?
WHEREAS, on November 5, 1987 the Isle of Wight County Board of
Supervisors, after holding a public hearing in accordance with Section 15.2-
1427 of the Code of Virginia (1950, as amended), enacted Sections 15-18
through 15-21 of the Isle of Wight County Code in accordance with Section
58.1-3918 of the Code of Virginia (1950, as amended); and
WHEREAS, on March 28, 1999 and on April 6, 2000 the General
Assembly of Virginia enacted revisions to Section 58.1-3918 of the Code of
Virginia (1950, as amended); and
WHEREAS, in order to comply with the provisions of the Code of
Virginia;
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of Isle of Wight County, Virginia, that ?Chapter 15, Taxation,
Article V, Correction of Assessments and Refunds, Section 15-20, Same ?
Refund To Be Without Interest? of the Isle of Wight County Code be
amended and reenacted to read as follows:
Sec. 15-20. Same ? Refund to be with interest.
All refunds made under the provisions of this Article shall be with
interest at the rate of ten percent (10%) per annum, provided that no interest
shall be required to be paid on such refunds if (i) the amount of the refund is
ten dollars or less or (ii) the refund is the result of proration. In addition,
any erroneous interest or penalty paid by a taxpayer shall be refunded. (11-
5-87; 4-17-08.)
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 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 Community Development report.
26
Beverly H. Walkup, Director of Planning and Zoning, presented the
application of Trustees of Allen Grove Baptist Church, owner, and Sharon
Walden, applicant, for a Preliminary Site Plan Review for a 915 square foot
multipurpose room addition located on the west side of Walters Highway
(Rt. 258) at 32376 Walters Highway. She advised that the applicant is
present should the Board have any questions.
Following no questions or concerns, Supervisor Bradshaw moved that
the application of the Trustees of Allen Grove Baptist Church be approved.
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.
Ms. Walkup presented the application of Vintage Builders, LLC,
owner, for a Preliminary Subdivision Plat for the Carrollton Manor
Subdivision dated December 17, 2007, and associated Water Quality Impact
Assessment (WQIA) dated March 19, 2008. She advised that the Planning
Commission?s motion was for approval, which failed due to a split vote.
She advised a concern of the Planning Commission was connectivity to the
adjacent site. She stated Mr. Berluchi was present should the Board have
any questions.
Responsive to Chairman Clark, Ms. Walkup advised that there is
access to Cedar Grove Road. She commented that the Route 17 Master Plan
states the direction that the County needs to be moving in so that the arterial
capacity is reserved. She stated that Mr. Berluchi was asked to reserve the
right-of-way so that it does connect to the adjacent property, but he declined.
Attorney Riddick advised that Mr. Berluchi is willing to provide
connectivity and that the applicant is requesting the Board to grant
preliminary approval subject to the applicant providing connectivity to the
adjacent property with access to Cedar Grove Road.
Mr. Berluchi requested that he be allowed to work with staff and use a
grinder pump to pump into the sewage system if he lost the gravity because
he changed the cul-de-sac to accomplish the connectivity.
Chairman Clark moved that the application be approved, as
conditioned by the developer, with regard to the granting of a right-of-way
easement to Cedar Grove Road, as offered by the developer. 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.
Mr. Walkup presented the application of Coastal Investors, owner, and
Patton Harris Rust & Associates, applicant, for a Preliminary Site Plan
Review for the expansionof Red Oak Mobile Home Park, Phase II for 184
lots and a Water Quality Impact Assessment.
27
Supervisor Bradshaw inquired the status of the signalization as
recommended in the Traffic Impact Study.
Jamie Oliver, Planning and Zoning, advised that when the original
rezoning was approved, the Traffic Impact Analysis stated that the
intersection at the entrance of Red Oak Drive and Route 10 may require a
traffic signal and the applicant agreed to bond for a traffic signal. She added
that a traffic study update was conducted because VDOT said that the old
study was too old and the update said that they do not expect it to warrant a
traffic light at that entrance intersection; however, on the site plan they still
agreed to a bond for the traffic light if they do traffic counts after it is
constructed and one is necessary. She stated that the traffic study also
looked at the Benn?s Church intersection and found that the already
proffered improvements that would be done by St. Luke?s Village would
handle their traffic as well and that they would not be required to conduct
any additional improvements later on.
Chairman Clark left the room and Vice-Chairman Brown presided
over the meeting.
Ms. Walkup noted that the recommendation made by the Planning
Commission was to allow staff administrative approval authority. She stated
with reference to the seven (7) lots in Phase 3, the school property is on the
other side and they built a BMP and there is a dispute as to whether that area
is perennial or whether there is a malfunction of the BMP. She stated once
that matter has been resolved and the determination has been made that that
is not a RPA that she would like to be able to approve the seven (7) lots
administratively.
Chairman Clark returned to the meeting.
Supervisor Casteen moved that the Preliminary Site Plan for the
expansion of Red Oak Mobile Home Park, Phase II; the associated Water
Quality Impact Assessment; and Phase III site plan approval to be
designated to the Zoning Administrator pending the outcome of the RPA
determination to the Board of Supervisors subject to the following:
Compliance with Section 14A-20 of the Isle of Wight County Stormwater
Ordinance as stated in the Memorandum dated April 19, 2008 from the
Engineering Department; and, that the lighting is designed to meet the
existing light trespass standard and the guidelines of .25 foot candle
spillover of lighting onto properties adjacent to the storage facility with
additional landscaping and vinyl coating fencing or some other type of
fencing, subject to staff?s approval. 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.
28
Supervisor Bradshaw moved that the waiver request be granted to
allow a chain link fence with no barb wire and additional landscaping along
the property line following the road down to the existing tree line, subject to
staff?s approval. 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 waiver request be granted to be
exempted from buffering the entire perimeter of the existing borrow pit,
except the south side of the borrow pit to the existing property line. 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 waiver request be granted to
allow the installation of a gravel parking lot with landscape timbers for
parking bumpers for the recreation area parking lot. 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 Parks and Recreation report.
Mark Furlow, Parks Administrator, presented the Isle of Wight County
Fair Committee By-Laws for the Board?s consideration.
Supervisor Bradshaw moved that the Isle of Wight County Fair
Committee By-Laws be approved. 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, presented
recommended hours of operation for the County?s convenience centers
which would realize a savings for the County, streamline its operations and
provide time for needed maintenance on the facilities.
Supervisor Bradshaw commented that the busiest time of the year is
approaching for convenience center sites and that he would prefer to wait
until the end of summer before taking any action. He stated that staff could
implement the two (2) hour Sunday morning change at this time, but he
would recommend that no further action be taken by the Board to allow staff
an opportunity to obtain additional information, particularly with respect to
29
the County installing its own lighting system at the various convenience
centers; scheduling of site attendants; and, how the schedule for pulling
containers might be affected.
Supervisor Bradshaw moved that the matter be directed to the Board?s
Convenience Center Committee (Supervisors Bradshaw and Wright) and
that a meeting be held with Mr. Rountree for review and recommendation
back to 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.
//
Chairman Clark called for the County Administrator?s report.
Liesl R. DeVary, Director of Budget and Finance, presented a
Resolution of Official Intent to Reimburse Expenditures with Proceeds of a
Borrowing for the Board?s consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, Isle of Wight County, Virginia (the ?Borrower?), intends
to acquire, construct and equip various capital improvements (the
?Projects?) as approved in Fiscal Year 2008-09 Capital Budget; and,
WHEREAS, plans for the Projects have advanced and the Borrower
expects to advance its own funds to pay expenditures related to the capital
improvements prior to incurring indebtedness and to receive reimbursement
for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or
both;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
1. The Borrower intends to utilize the proceeds of tax-exempt
bonds (the ?Bonds?) or to incur other debt, in an amount not currently
expected to exceed $7,500,000, to pay the costs of the capital
improvements.
2. The Borrower intends that the proceeds of the Bonds be used to
reimburse the Borrower for Expenditures with respect to the Project made
on or after the date that is no more than 60 days prior to the date of this
Resolution. The Borrower reasonably expects on the date hereof that it will
reimburse the Expenditures with the proceeds of the Bonds or other debt.
30
3. Each Expenditure was or will be, unless otherwise approved by
bond counsel, either (a) of a type properly chargeable to a capital account
under general federal income tax principles (determined in each case as of
the date of the Expenditure), (b) a cost of issuance with respect to the
Bonds, (c) a nonrecurring item that is not customarily payable from current
revenues, or (d) a grant to a party that is not related to or an agent of the
Borrower so long as such grant does not impose any obligation or condition
(directly or indirectly) to repay any amount to or for the benefit of the
Borrower.
4. The Borrower intends to make a reimbursement allocation,
which is a written allocation by the Borrower that evidences the Borrower?s
use of proceeds of the Bonds to reimburse an Expenditure, no later than 18
months after the later of the date on which the Expenditure is paid or the
Project is placed in service or abandoned, but in no event more than three
years after the date on which the Expenditure is paid. The Borrower
recognizes that exceptions are available for certain ?preliminary
expenditures,? costs of issuance, certain de minimis amounts, expenditures
by ?small issuers? (based on the year of issuance and not the year of
expenditure) and expenditures for construction of at least five years.
5. The Borrower intends that the adoption of this resolution
confirms the ?official intent? within the meaning of Treasury Regulations
Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as
amended.
6. This resolution shall take effect immediately upon its passage.
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.
Ms. DeVary presented a Resolution to Accept and Appropriate Funds
for the Smithfield Old Town Market for the Board?s consideration.
Chairman Clark moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE
SMITHFIELD OLD TOWN MARKET
WHEREAS, the Isle of Wight County Board of Supervisors has
approved the Department of Tourism to manage and oversee the Smithfield
Old Town Curb Market; and,
WHEREAS, funding in the amount of nineteen thousand seven
hundred and seventy five dollars ($19,775), or so much as shall be received
from sponsorships and vendor fees, needs to be accepted and appropriated to
the FY 2007-08 General Operating and Capital Budget of the County of Isle
of Wight, Virginia.
31
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight authorizes funding
in the amount of nineteen thousand seven hundred and seventy five dollars
($19,775), or so much as shall be received in sponsorships and vendor fees
be accepted and appropriated to the appropriate line item in the FY 2007-08
General 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.
Joseph R. Chase, Emergency Management Coordinator, presented a
Resolution to Appropriate Funds from the Unappropriated Fund Balance of
the E911 Fund for an Emergency Communication System for the Board?s
consideration. He noted that based on the most recent hurricane exercise
conducted in July, 2008, improved communication through the Emergency
Operations Center is needed, as well as improvement of message flow to
staff and the speed at which the public is notified of key information. He
advised that staff has been investigating the feasibility of implementing an
advance emergency communication system to notify citizens, first
responders, government officials and employees about emergency situations.
Supervisor Bradshaw inquired how staff plans to advise the public
with respect to notification registration.
Mr. Chase replied through the County Newsletter, the County?s
website and PEG channel and at the County Fair. He stated that citizens
will be able to register for the notification through e-mail, cell phone, Black
Berry and phone lines.
Supervisor Bradshaw expressed concern about notification to elderly
citizens and suggested that a notice be included in the County tax bills.
Mr. Chase informed the Board that the system includes a controlled
grid feature whereby citizens within a certain area can be contacted if a
situation develops in a certain section of the County and an evacuation is
needed.
SupervisorBradshawmoved the Board adopt the following Resolution
and authorize the Chairman to sign the contract pending approval by the
County Attorney:
32
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE E911 FUND FOR AN
EMERGENCY COMMUNICATION SYSTEM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved an additional appropriation for the purchase of an
emergency communication system for notifying citizens, first responders,
government officials and county employees; and,
WHEREAS, funds in the amount of sixty thousand dollars ($60,000)
need to be appropriated from the Unappropriated Fund Balance of the E911
Fund to the FY 2007-08 E911 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 sixty thousand dollars
($60,000) from the Unappropriated Fund Balance of the E911 Fund be
appropriated to the FY 2007-08 E911 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.
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 absent for the
vote.
Steven A. Aigner, Fire and EMS Coordinator, presented a request
from the Fire and Rescue Association for a transfer of $2,000 from the
Contingency line item for the regional burn building.
Chairman Clark moved that the Board authorize a transfer of $2,000
from the Contingency line item for a donation to the regional burn building.
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 absent for the vote.
Regarding the issue of a Board Retreat, Supervisor Bradshaw moved
that staff initiate the process for conducting the Board?s annual Retreat.
Staff is to solicit Michael Chandler to act as the Facilitator. 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 absent for the vote.
//
33
Chairman Clark called for consideration of the Consent Agenda.
A. Resolution of Appreciation ? William E. Laine, Jr.
. Resolution of Appreciation to William E. Laine, Jr. Upon
His Retirement
B. Transition of Section 8 Program
C. Pesticide Container Recycling Program
. Resolution to Accept and Appropriate $1,875 from the
Commonwealth of Virginia Department of Agriculture and
Consumer Services
D. Byrne Justice Assistance Grant Program (JAG)
. Resolution to Accept and Appropriate Byrne Justice
Assistance Grant Funds from the Department of Criminal
Justice Services
E. Public Hearing for VDOT Secondary 2009-2015 Six-Year
Improvement Program
F. Planning Commission Action List of April 22, 2008
G. Planning Commission 2007 Annual Report
H. Monthly Financial Reports for County and Schools
I. April 3, 2008 Regular Meeting Minutes
Supervisor Wright moved that the Board approve the Consent Agenda.
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 absent for the vote.
//
Chairman Clark called for Appointments.
Supervisor Casteen moved that the Board appoint Betty Alldaffer to
the Blackwater Regional Library Board representing the Smithfield District
and replacing Melissa Small. 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.
34
Supervisor Casteen moved that the Board recommend Bruce Cobb to
the Circuit Court Judge for appointment to the Board of Equalization
representing the Smithfield District. 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 Brown moved that the Board appoint I.N. Jones, III
representing the Hardy District on the Agricultural/Forestal District
Advisory Council and replacing G. W. White, Jr. 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 Mary Frances Briley be reappointed to
represent the Newport 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.
Supervisor Brown moved that the Board recommend Anna Effler to
the Circuit Court Judge for appointment to the Board of Equalization
representing the Hardy District. 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 staff to contact Art Berkley, Director of
Inspections, to inquire if David F. Bugin is desirous of being reappointed to
the Board of Building Appeals representing the Newport District.
//
Chairman Clark called for Old Business.
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 four (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 presented a request from the applicant that the Board
table the application for an additional sixty (60) days.
Ms. Walkup responded the applicant is requesting the application be
tabled in order to allow a structural foundation test to be conducted on the
Dominion Virginia Power tower for collocation on another tower.
35
Chairman Clark moved that the Conditional Use Permit be tabled for
sixty (60) days. 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.
Ms. Walkup introduced the following Ordinance for the Board?s
consideration:
An Ordinance to amend Section 7-28-1 (Family Member Subdivision)
of Appendix A, Subdivisions. The amendment will add criteria
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 advised that responsive to the Board?s concerns noted at
its public hearing held on February 21, 2008, the fee simple ownership for
five (5) years for a person conveying a family member subdivision has been
deleted so that the five (5) year holding period will only apply to the person
receiving the family member transfer. She further advised that the language
for lots not fronting on a public road has been modified for clarity and that it
has been changed to require that the road maintenance agreement be
recorded requiring maintenance of roadways by the property owners to
whom the lots will be conveyed. She continued that the depth of the
compacted surface has been increased from three (3) inches to four (4)
inches and the language requiring a road maintenance agreement and a
minimum depth of compacted surface for shared driveways has been
deleted. She advised that she believes that she has satisfied Mr. Gillespie?s
concerns regarding the maximum of four (4) lots that will be from a single
tract without road frontage by explaining that staff will begin counting the
four (4) lots from the date of the Board?s adoption of the Ordinance and that
it would not pertain to those already developed on the roadway.
Supervisor Wright moved that the following Ordinance be adopted:
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 reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
36
WHEREAS, the Isle of Wight County Board of Supervisors also seeks
to allow flexibility in the administration of the ordinance regulations while
protecting the health, safety, and general welfare of present and future
residents and businesses of the County.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix A, Subdivisions, of the Isle of Wight
County Code be amended as follows:
7-28-1 Family Member Subdivision. A single division of a lot or parcel for
the purpose of sale or gift to a member of the immediate family of the
property owner. For the purpose of Family Member Subdivisions, a
?member of the immediate family? is any person who is a natural or legally
adopted child, stepchild, spouse, sibling, grandchild, grandparent, or parent
of the property owner.
A. Approval
The Subdivision Agent may approve a Family Member Subdivision
subject to the provisions of this Section (Section 7-28-1), and any
express requirement contained in the Code of Virginia (see
specifically Section 15.2-2244, et seq. of the Code of Virginia). The
purpose of a Family Member Subdivision may not be to circumvent
this Ordinance or other County regulations. To approve an application
for Family Member Subdivision, the Subdivision Agent must find the
following:
1. The property owner requesting the Family Member Subdivision
shall hold fee simple title to the subject property.
2. No person who has previously received land within the County via
Family Member Subdivision is eligible to receive additional land
through Family Member Subdivision.
3. The approval shall include the proposed deed(s) of sale or transfer
from the property owner to the receiving family member.
4. No more than four (4) lots resulting from a single tract may be
accessed from a single easement of right-of-way unless approved by
the Board of Supervisors upon recommendation from the Planning
Commission. These lots shall be served by an unobstructed
easement of right-of-way of not less than twenty (20) feet,
providing ingress and egress to an improved public street, and shall
be constructed of a compact surface with a minimum depth of four
(4) inches. It is recommended that an additional ten (10) feet of
easement be dedicated for emergency management access to bring
the easement width to thirty (30) feet. The easement of right-of-
way shall be maintained by the owner or owners of the property
which is to be served by said easement of right-of-way. A road
maintenance agreement providing for perpetual maintenance of said
easement of right-of-way shall be executed by the parties to whom
37
the lot(s) created pursuant to this ordinance shall be conveyed. The
road maintenance agreement shall be approved by the County
Attorney and shall be recorded in the Clerk?s Office of the Circuit
Court of Isle of Wight County at the time of recordation of the plat
approved pursuant to the ordinance. An erosion and sediment
control plan may be required depending on the square footage of
land disturbance.
5.Shared driveways shall be required for two (2) or more contiguous
lots resulting from a Family Member Subdivision which shares
frontage on a public road. A shared driveway with a minimum
width of twelve (12) feet must be provided within an unobstructed
access easement.
6.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 created exclusively to
preserve and maintain environmentally sensitive areas, as approved
by the Zoning Administrator.
7.No singular subdivision shall extend over a political boundary line.
8.All applicable requirements of the Zoning Ordinance, the Erosion
and Sediment Control Ordinance, the Isle of Wight County
Department of Public Utilities Master Water and Sewer Ordinance,
and the Chesapeake Bay Preservation Area Ordinance shall apply.
9.A person receiving land through a Family Member Subdivision
may not sell, transfer, subdivide, or otherwise convey such property
for a period of five (5) years after plat approval; unless:
a. The conveyance or proposed conveyance results from the
foreclosure of a mortgage (deed of trust) lien on the property.
b. The subdivision is directed by court action.
c. Upon application from said recipient, the Board of Supervisors,
upon recommendation from the Planning Commission finds at
least one of the following:
i. The proposed conveyance must be made to satisfy a financial
obligation that was not contemplated at the time of the
transfer of the lot through the Family Member Subdivision,
and that cannot be satisfied from other assets.
ii. The property is granted rezoning approval.
d. The Board of Supervisors may specify additional conditions to
be imposed on a Family Member Subdivision (if an
administrative decision goes through appeal or an exception is
sought from the Board of Supervisors for sale prior to five (5)
years.)
B.Water
38
One of the following shall apply:
1.Well Water
The applicant must provide proof that a water source for the lot has
been identified in accordance with the requirements of the Virginia
Department of Health. In such case, the following note must be
placed on the final plat prior to final approval by the Subdivision
No zoning permit or building permit shall be issued for any lot until a
well or water source has been approved by the County
Agent:
2.Public Water
Family Member Subdivisions resulting in more than four (4) lots
may be required to connect to a public water supply system in
accordance with the Master Water and Sewer Ordinance. In such
case, the following note must be placed on the final plat prior to
final approval by the Subdivision Agent:
Any lot shown on this plat must be served by public water before any use
can be made on such lot. However, NO service has been extended to
such lots at the time of approval of the plat. No zoning permit or building
permit shall be issued for any lot until public water has been extended to
such lot in accordance with the Master Water and Sewer Ordinance. The
owner of each lot shown on this plat shall grant, without compensation,
such reasonable easements as are necessary to permit such extension of
public water to all lots.
C. Sewer
1.Private Individual Septic
Private individual septic systems shall be designed and constructed
to meet the requirements of the Virginia Department of
Environmental Quality, the Virginia Department of Health, Isle of
Wight County Department of Public Utilities, and any other state or
local regulation having authority over such installation, including
the Zoning Ordinance for alternative discharge sewer disposal
systems. The following note must be placed on the final plat prior
to approval from the Subdivision Agent:
No zoning permit or building permit shall be issued for any lot until a
2.
septic system has been approved by the County Health Department and
any drainfield is identified on the plat.
Public Sewer
Public sewer systems shall be designed and constructed in
accordance with the design standards and specifications for
39
sewerage construction and improvements in Isle of Wight County,
Virginia, and meeting the approval of the Subdivision Agent.
Recordation and Enforcement
D.
1. The approved Family Member Subdivision plat, road maintenance
agreement (if applicable) and deed(s) of sale or transfer shall be
recorded simultaneously. The Family Member Subdivision
approval shall automatically terminate if all required documents are
not filed within six (6) months.
2. The property owner shall place a restrictive covenant on the
subdivided property that would prohibit the transfer of the property
to a person other than the immediate family for which it is created
for a period of five (5) years following the date of subdivision,
unless a rezoning is granted.
3. No zoning permit or building permit shall be issued for any lot or
parcel found to be in violation of this ordinance until such violation
has been corrected.
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.
Mr. Rountree stated with respect to the proposed Master Water and
Sewer Plan, staff has corresponded with the Town of Windsor and indicated
that the Board would be taking action at this meeting. He indicated that to
date, staff still has not received a response.
Supervisor Wright moved that the following Resolution and Errata
Sheet be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIRGINIA TO APPROVE AN AMENDMENT
TO THE COMPREHENSIVE PLAN
THROUGH THE ADDITION OF THE PROPOSED ISLE
OF WIGHT COUNTY, VIRGINIA MASTER WATER AND SEWER
PLAN
WHEREAS, Section 15.2-2229 of the Code of Virginia (1950, as
amended) stipulates that any amendments to a community?s Comprehensive
Plan be recommended by resolution to the governing body by the local
planning commission; and,
WHEREAS,the Isle of Wight County Comprehensive Plan was prepared
to guide the physical development of the County of Isle of Wight, Virginia
pursuant to Title 15.2 Chapter 22, Article 3 of the Code of Virginia; and,
40
WHEREAS,the proposed amendment to the Comprehensive Plan is to
serve as a more detailed part of the plan that will guide the County?s long-
range water and sewer utility needs, including source, distribution, treatment
and storage capacity through the year 2035; and,
WHEREAS, the Isle of Wight County, Virginia Master Water and Sewer
Plan establishes the standards to ensure that land development coincides with
the location and timing of capital facilities, as well as establishes a
methodology to ensure adequate levels of service for determining the impacts
of development; and,
WHEREAS, the Isle of Wight County Board of Supervisors finds it
advisable to implement the goals and objectives of Chapter 6 of the
Comprehensive Plan by adding the Isle of Wight County, Virginia Master Water
and Sewer Plan, prepared by R. Stuart Royer & Associates, Inc. dated
September, 2007 including the Errata Sheet, as a part of the plan to be updated
and amended as necessary to carryout the long-range water and sewer utility
needs of the County; and,
WHEREAS, the Isle of Wight County Board of Supervisors has given
notice and held a public hearing on said amendment to the Comprehensive Plan
on March 20, 2008, after notice as required by Section 15.2-2204 of the Code of
Virginia (1950, as amended).
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors does hereby approve and adopt the Master Water and
Sewer Plan, prepared by R. Stuart Royer & Associates, Inc. dated September,
2007 including the Errata Sheet, as a part of Chapter 6 of the Isle of Wight
County Comprehensive Plan.
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 advised that responsive to Board
direction, he had contacted the Southampton County Administrator relative
to the County?s demonstration of support with respect to the issue of OLF?s,
but that he has not received any new information from Southampton County
to date. He stated that included in the Board?s agenda is a resolution of
support adopted by the Franklin City Council, as well as information made
available at the most recent meeting of the Hampton Roads Military and
Federal Facilities Alliance. He stated that he has included a resolution in
support of Southampton County?s position on the Outlying Landing Field
for the Board?s consideration.
Chairman Clark requested County Administrator Caskey to contact the
City of Franklin regarding a proposed meeting of the Alliance to take place
in the not-to-distant future.
41
Supervisor Bradshaw moved that the following Resolution be adopted;
that a copy of it be forwarded to Michael Johnson, County Administrator,
Southampton County; and, that Supervisor Bradshaw?s assistance, if needed,
be offered:
RESOLUTION IN SUPPORT OF
SOUTHAMPTON COUNTY, VIRGINIA?S POSITION ON THE
OUTLYING LANDING FIELD
WHEREAS, the Southampton County Board of Supervisors has made
a request by Resolution dated August 1, 2007 for the State of Virginia to
remove and withdraw sites 3A, 4A, 4B, and 4C in Southampton County,
Virginia from further consideration as an outlying landing field by the
Department of the Navy; and,
WHEREAS, the Southampton County Board of Supervisors has
expressed its opposition to the development of an outlying landing field
within Southampton County; and,
WHEREAS, the location of an outlying landing field within
Southampton County or neighboring jurisdictions may have flight patterns
to such facilities that will negatively impact the quality of life of persons
who reside in, work in, and visit Isle of Wight County.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia, supports the
Southampton Board of Supervisors? position in opposition to the location of
an outlying landing field.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent
to the Honorable Timothy M. Kaine, Governor of the Commonwealth of
Virginia and to the Chairman of the Southampton County Board of
Supervisors.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Brown, Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Casteen absent for
the vote.
Chairman Clark notified the Board that he had been invited to a thank-
you celebration which was extended to all individuals who contributed to
the City of Suffolk?s relief efforts during the tornado that struck on April 28,
2008. He advised that he had received a letter from Linda Johnson thanking
the County for all the efforts extended by its emergency services employees.
He advised that the Chief of Police was also very appreciative for the
support received from the Sheriff?s office.
42
Supervisor Bradshaw advised that the Board?s Finance Committee had
met prior to this meeting and discussed the Smithfield Fire and EMS station.
He stated that the Finance Committee has taken the position that the
estimated cost to build the facility is approximately $8.5 million and is too
high for the County?s budget and capital needs at this time.
Supervisor Bradshaw moved to direct Supervisors Wright and Clark to
meet with the Fire and Rescue Association to further discuss and provide a
recommendation back to the Board with the understanding that the Board?s
Finance Committee met and concurred that this capital project is too high
for the County to fund at this time. 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 Brown requested that the language in the Memorandum of
Understanding with the Town of Smithfield regarding the property at James
and Washington Streets be worded more concisely to reflect that the intent
of the MOU was for the relocation of the Pinewood Heights residents and
that the County had assisted the Town so that it could meet its obligation
with the matching grant. He stated that following the County?s assistance,
other reasons for the use of the property were created.
Supervisor Casteen noted that the Board?s January minutes reflect that
several Board members pointed out at that time that what the Town of
Smithfield does with that property would be up to the Town. He stated that
he did not think it was appropriate for the Board to be telling the Town what
to do within the Town limits.
Chairman Clark moved that the Board defer action on the MOU with
the Town of Smithfield until the Board?s June 10, 2008 meeting to allow
Supervisor Brown and Interim County Attorney Burton an opportunity to
discuss the inclusion of revised language. 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 recapped the history behind the consideration of a
Resolution to Include Board of Supervisors? Members in County Fringe
Benefits. He commented that Supervisor Casteen, as a new Board member,
had inquired about and was advised that he was eligible to receive insurance
benefits through the County. He stated that Supervisor Casteen had
cancelled the insurance he was with upon being told that he was eligible to
receive insurance through the County and that he may have a problem
returning to his past insurance due to his family?s health issues.
Supervisor Casteen stated that he had been covered through another
insurance company prior to serving on the Board, but that he had left that
insurance to join the County?s and now he will not be able to return to the
other insurance company without a significant change in premium due to a
43
change in health issues. He stated if he had not already changed insurances,
this would not be a problem and that it was not his intention to have an
unfair advantage over the other Board members.
Chairman Clark noted that the issue of whether or not the benefits will
be made available to all Board members needed to be discussed further, but,
that in the meantime, some resolution, on a temporary basis, needs to occur
to accommodate Supervisor Casteen?s reliance on what he had been told by
staff.
Interim County Attorney Burton advised that he has prepared several
alternate resolutions for consideration by the Board. He stated that in the
memo from Mrs. Haywood, Director of Human Resources, which relates to
the various benefits that County employees receive, the Board would be
eligible for the health and dental care coverage, 457 Deferred Compensation,
premium conversion, credit union, college savings plan and the YMCA
membership.
Chairman Clark inquired what other localities provide to their Council
members.
Mrs. Haywood advised that certain other counties and surrounding
major cities do extend health insurance benefits to their Boards; however,
the Counties of Gloucester and Prince George and the City of Franklin do
not extend benefits to their Boards and Councils. She advised that in other
localities, part-time employees are not eligible for the health insurance or the
457 retirement plan.
Supervisor Bradshaw expressed an interest in knowing what the cost
would be to the County if those benefits were offered to its part-time
employees.
Supervisor Wright advised that when he began serving on the Board,
he was advised by a former Director of Human Resources that he was not
eligible, as a part-time employee, to receive insurance through the County.
He stated that he felt that part-time employees should have the same
opportunity as anyone who works for the County.
Supervisor Casteen stated that this is two (2) entirely difference
situations. He stated that the Board is a finite group of individuals who
become an infinite group when you begin extending the same benefits and
options to part-time employees, which could cause an impact to the County
that could become unmanageable and much more costly versus considering
the number of individuals that serve on the Board.
Supervisor Brown suggested that placing a cap on the Board?s salary
consisting of a combination of health insurance and compensation might
make it equitable.
44
Supervisor Bradshaw agreed with Supervisor Brown?s suggestion and
noted that he was in concurrence with Supervisor Wright that there needs to
be equity with respect to part-time employees. He asked if the Board is
singling itself out and giving the impression that it is better than other
people and the Board is not trying to help them have a sustainable living and
improve their quality of life and not have to wonder if they can afford health
insurance. He stated that it is not a personal issue, it is dealing with equity
and how this issue can be resolved in a way that the perception to the public
is that the Board is not placing itself above the regular citizen.
Chairman Clark moved that the matter be tabled until the Board?s
August 7, 2008. In the meantime, the Director of Human Resources and the
Interim County Attorney are tasked with reviewing Supervisor Brown?s
proposal of placing a cap on the Board?s salary (which can be a combination
of health insurance and monetary compensation) and bring back information
with regard to the budgetary impact of health care benefits to part-time
employees. 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 New Business.
Supervisor Bradshaw moved that staff be directed to look into the
Consumer Utility Tax regarding showing that the individuals who have a
Franklin mailing address and who are customers of the Franklin electrical
department that those Consumer Utility taxes be paid to the County. 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 staff be directed to work with the
United States Postal Office and The Virginian-Pilot that the individuals who
have a Franklin mailing address will be considered residents of the County
and the local paper ensure that they receive the section pertaining to the
County. 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 Brown moved that an official County trip to Alliance,
Texas be made available to Board of Supervisors? members who did not get
to visit the park on the first trip. Planning Commission and Industrial
Development Authority members are to also be invited. 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.
45
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to 2.2-3711.A.3 of the Code of Virginia for the discussion of legal counsel
regarding the acquisition of real property and pursuant to Section 2.2-
3711.A.1 for the discussion and consideration of a personnel matter
pertaining to a specific public official.
Chairman Clark moved that the Board enter the Closed Meeting for
the reasons stated by the Interim County Attorney. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, 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 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 Brown moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act;
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
46
ABSENT DURING MEETING
: 0
//
Supervisor Casteen suggested that the donation of a small smokehouse
or store be located in an appropriately designated section of Heritage Park.
He suggested that a section of the park could be set aside for a storage work
area and another area for display.
Supervisor Bradshaw advised that the Board has approved a Master
Plan for the park and has committed to an area for equestrian trails, as well
as committed other areas to hold re-enactments.
Mr. Small advised that funds are included in the Parks and Recreation
Operating Budget this year to redo the Master Plan for Nike and Heritage
Parks and that there would be an opportunity to look at all suggestions.
//
At 10:25 p.m., Supervisor Brown 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
47
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