09-04-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FOURTH DAY OF SEPTEMBER 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
Jessica Lonsdale, Miss Teen, Isle of Wight County, called the meeting
to order at 4:00 p.m.
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Kristen Holtz, Miss Isle of Wight County, delivered the invocation.
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Morgan Myers, Jr. Miss, Isle of Wight County, conducted the Pledge
of Allegiance.
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Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under County Attorney?s report, add transfer of real property
from Isle of Wight County to the Industrial Development Authority of Isle of
Wight County for land to be used as part of the Intermodal Park; Under
County Attorney?s report, add a contract extension with Evergreen Capital
Advisors, Inc., to provide financial services for the PACE Program; under
the County Administrator?s report, add consideration of a Resolution to
Formally Endorse Phillip A. Bradshaw for President-Elect of the Virginia
Association of Counties; and, under the County Administrator?s report, Item
(A), add an update on Tropical Storm Hanna.
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.
The following 2008 Isle of Wight County Fair Queens were formally
WeeLittle
introduced: , Ms. Kala Desiree Rawles; , Ms. Alexya Gabrielle
JuniorPre-Teen
Massey; , Ms. Morgan Leigh Myers; , Ms. Hannah Brooke
TeenMiss
Schaffer; , Ms. Jessica Marie Lonsdale; and, , Ms. Kristen
Elizabeth Holtz.
Ron Reese, Isle of Wight County Public Schools, addressed the
concept of a school signage system at school facilities in the County which
would not only aid public safety personnel responding to an incident, but
also be of great value for parents and students in identifying which door a
parent should meet a student after school hours or at special events.
Supervisor Wright moved that the concept be approved and that the
request for funding in the amount of $18,500 for school signage be sent to
the Director of Budget and Finance for recommendation back to the Board
on where the funds are to be appropriated from. 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 distinct signage be installed at the
Smithfield Middle and High Schools offices because of their close proximity
to each other. He further requested that improvements be made to the
Central Office sign so that it is more visible.
Russell Savedge, Emergency Preparedness Specialist, Dominion
Generation, provided a PowerPoint presentation to the Board relative to
hostile action based drills at Surry Nuclear Power Plant.
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Chairman Clark called for Regional Reports.
Supervisor Bradshaw reported on the VACo Committee meetings
recently held in Charlottesville. He advised that Supervisor Wright,
Chairman of the Environmental and Agricultural Committee, had advised
the County?s legislative position to the VACo Board of Directors. He
continued that he will be Chairing a Committee which was appointed to
develop a Strategic Plan for VACo with respect to lobbying efforts at the
General Assembly level.
Supervisor Bradshaw advised that Westmoreland County had recently
addressed its assessment concerns with the Department of Taxation and he
recommended that the deficiencies noted in a letter dated April 17, 2008
addressed to Mr. Lynn C. Brownley, Member, Board of Supervisors, County
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of Westmoreland, from Mr. Thomas E. Morelli, Sr. Property Appraisal
Consultant, Property Tax Unit, be included in the County?s next RFP for
reassessment services.
Supervisor Bradshaw advised that VACo is forming a coalition with
respect to annexation and its impact and informed the Board that he has
included in the State-wide study a review of the Isle of Wight/City of
Franklin agreement.
Supervisor Bradshaw advised that the Isle of Wight Citizens
Association will be hosting a meeting on Monday, September 8, 2008 at The
Smithfield Center and that James Campbell, Executive Director of VACo, is
the guest speaker.
Supervisor Bradshaw advised that the Isle of
Wight/Smithfield/Windsor Chamber of Commerce Board of Directors had
received an update on the construction occurring on Church Street.
Supervisor Bradshaw advised that he and Supervisor Wright had met
with staff who are in the process of developing Strategic Plans and
recommendations on how to proceed in the area of trash. He further advised
that Supervisor Wright, Mr. Anderson, Mr. Wrightson and he will again be
visiting Pasquotank County in North Carolina next week in anticipation of
obtaining ideas by which the County?s trash issues can be addressed.
Supervisor Brown commented that Peter Blake also conducted a
presentation on workforce training and has agreed to conduct a session on
this topic with County representatives. With respect to the issue of
workforce housing, he advised that Patricia Carroll, a State legislative
liaison with the Housing Department, has been tasked with developing a
definition for affordable housing versus low-cost housing.
Supervisor Bradshaw advised that Supervisor Wright, County
Administrator Caskey, staff and representatives from Paul D. Camp
Community College will be conducting a meeting with Mr. Blake on
Thursday, September 11, 2008 to discuss the issue of workforce training and
County-related issues.
Supervisor Bradshaw stated with respect to issues related to the inter-
modal park and workforce housing, he would like for the Urban Land
Institute (ULI) to explore the County?s options and make recommendations
relative to the development of an inland port (intermodal park) in
conjunction with the City of Suffolk.
Supervisor Bradshaw moved that County Administrator Caskey,
Interim County Attorney Burton, the Director of Budget and Finance and the
Commissioner of the Revenue be directed to review the following
suggestions contained in a letter dated April 17, 2008 addressed to Mr. Lynn
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C. Brownley from Mr. Thomas E. Morelli and make recommendations to the
Board before it enters into its next assessment agreement: He advised that
the market sales study is not detailed enough before the appraisal work
begins; that there needs to be contractor?s reports during the reassessment,
orally, or in writing, to the Board of Supervisors or County Administrator;
that there is insufficient auditing of percentage of change to individual
properties; that if a property increased more than a certain amount ? why, or
if the percentage decreased ? why; that there should be a presentation to the
Board of Supervisors of Market Sales Study before appraisal work begins;
that there is not sufficient information being invited from local realtors or
builders; that there needs to be careful identification and market sales
analysis of different geographical regions of the County; that there is a lack
of an independent third party monitor (this could be dangerous and not
workable); and, that the above suggestions are not adequately defined in 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.
Supervisor Bradshaw moved that County Administrator Caskey be
directed to contact the Urban Land Institute (ULI) and request that it explore
the County as they move forward with the intermodal park in conjunction
with the City of Suffolk. 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 reported that the Southeastern Public Service
Authority received an update on the sale of the waste-to-energy plant. He
advised that four (4) responses have been received to the RFP and that the
Authority has hired a consultant to evaluate the proposals and brief the
Board. He advised that the Authority?s attorney has cautioned the Board
members not to speak with any of the proposers. He advised that structural
cracks have occurred in the power plant foundation, which affects the
generator and it is suspected that the cracks occurred as a result of
construction work being done by the Navy and a meeting has been
scheduled to discuss this with Navy representatives. He advised that an
assessment of the damage revealed that it would cost $100,000 to correct
and this will be relayed to Navy officials to see what they are willing to do
about it. He advised that the Authority adopted a motion to increase SPSA?s
Line of Credit from $3.5 million to $4 million with Wachovia Bank.
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Chairman Clark called for Transportation Matters.
Supervisor Casteen noted that Supervisor Wright?s items were listed
twice on the report and that Carrsville was not listed at all. He requested
that the completed item in Smithfield be removed.
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Supervisor Bradshaw inquired about the status of Route 460 in Zuni.
Kristin M. Mazur, County Engineer, advised that the design date is
complete according to the schedule that she was provided by VDOT.
Supervisor Bradshaw requested Ms. Mazur to check with the VDOT
Residency Administrator relative to the ditches being cleaned north of Route
460 to the Blackwater River and whether or not the existing culvert is to be
replaced or an additional culvert is to be installed.
Supervisor Brown noted that the Owens Estate project is still listed in
the Six-Year Improvement Plan.
Ms. Mazur offered to check with the VDOT Residency Administrator.
Supervisor Bradshaw offered to compare his list of unpaved roads
dated 1995 with Ms. Mazur?s current list to ensure that it is all inclusive.
Chairman Clark inquired about the status of Yellow Rock Road.
Ms. Mazur advised that the Resolution and Letter of Request approved
by the Board has been forwarded to VDOT. She further advised that the
quote for survey work has been received and that staff would be moving
forward with surveying.
Ron Dashiell, owner of the South of James, advised that the drainage
which comes up behind his business now is a result of the Eagle Harbor
development and it needs to be addressed. He stated that the south-bound
lane of Route 17 floods during nor?easters and he suggested that VDOT take
appropriate action to use the north-bound lane of Route 17 during such
events. He advised that he intends to discuss the design, plan and necessary
permits involving with using culverts on top of the ground with grates with
the VDOT Residency Administrator. He suggested that Eagle Harbor,
before being allowed to build any additional apartments, be requested to
proffer the funds necessary to accomplish this project.
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Chairman Clark called for Citizens Comments.
Sadie Boyer, Newport District, addressed the proposed Bridge Point
Commons project and offered the following comments/recommendations:
Set the income eligibility range for the rental workforce housing units at 50
to 80% AMI; limit the workforce housing component for the total project to
17% which would be 60 units; do not accept proffer fee reduction for age-
restricted units; public facilities report noted Bridge Point Commons
development could be expected to generate 108-240 school-aged children
(applicant predicts 17-28); concerned about vehicles from a 350-unit
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development, plus retail shopping center crossing medium of a four-lane
highway with traffic traveling 55 mph and no traffic light; 80% vinyl siding;
needs a sunset clause; and, internal road way system to VDOT standards not
adequate.
Sharon Hart, Newport District, addressed comments expressed by Mr.
Doerr of IHI relative to workforce rental units which targets households
earning 60% of AMI, which is a modest reduction from market rate and not
what most people would consider to be low income. She commented that
the residents of Ashby Subdivision have not opposed rents based on 60% of
AMI, only opposition to Section 8 housing. She noted that Mr. Doerr stated
that the rents from the project are an average of $700 above market rate.
She stated that the reduced household income of 75%-105% is not
acceptable. She requested the Board to accept full proffers to offset the cost
of County services and that water and sewage hook-up fees not be
exempted. She stated this is market-rate housing and citizens are in
opposition to paying for the cost of central services for this project. She
noted that the County?s proffer study is outdated; that the projected cost of
County services and utilities are low; that the proffer study did not include
all essential services; and, that proffers to offset those costs are an average
for all households. She stated that the proffer of $1,470 per unit for age-
restricted housing is extremely low and the older generation has always paid
for the education of the next generation. She noted that there is no study on
age-restricted housing and that Chairman Clark has stated that a tax rate
increase is likely as new facilities for the County will likely be needed. She
stated that the number of students projected to come from this project is low.
She assured the Board that there are other developers ready and willing to
provide the rental units needed by the County and that they will be
affordable to lower pay-grade teachers, deputies and blue-collar workers.
She recommended that the developer be requested to proffer a traffic light in
the future when the increased traffic begins on Route 17, or the developer
should pay for connecting through the Ashby Subdivision. She stated that
there is a discrepancy between the developer?s consultant?s report on where
the stream begins and ends and she recommended that the developer be
requested to proffer that it will honor the RPA, when verified.
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Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton advised that pursuant to Virginia
Code §15.2-2507, a public hearing is required when a governing body?s
budget is increased by a percentage of 1% or more of a total expenditure
shown in the currently adopted budget. He noted that the Board had
previously adopted a resolution to purchase the Johnson property in Zuni
and the HRFT, Inc. property in Windsor and appropriated $2,425,000 for
said purchases which requires that a public hearing be held seven (7) days
prior to the meeting date.
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Chairman Clark moved that both purchases of property by the County
be combined together in one (1) ad and that Interim County Attorney Burton
be authorized to set the matter for public hearing at the Board?s October 2,
2008 meeting at 7:00 p.m. 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.
The Director of Budget and Finance was directed to combine the two
(2) property amounts into a single appropriation resolution.
Interim County Attorney Burton presented a revised ordinance to
Appendix B, Zoning Sections 3-6000, 4-005 and 9-1005 for the Board?s
consideration which he recommends the Board adopt. He noted that the
changes made to the ordinance were not substantive.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING §3-6000, §4-4005 AND §9-1005 OF APPENDIX B
PERTAINING TO ZONING
WHEREAS, on July 7, 2005 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 Appendix B,
Zoning, Article III, ?Use Types?; and
WHEREAS, the Isle of Wight County Board of Supervisors seeks to
allow flexibility in the administration of the ordinance regulation while
protecting the health, safety, and general welfare of present and future
residents and businesses of the County;
NOW, THEREFORE, BE IT ORDAINED, by the Board of
Supervisors of Isle of Wight County, Virginia, that ?Appendix B, Zoning
Section 3-6000, ?Commercial Use Types? of the Isle of Wight County Code
be amended and reenacted to read as follows:
Sec. 3-6000. Commercial use types.
Adult entertainment establishment. An establishment having a
substantial or significant portion of its stock-in-trade books, magazines and
other periodicals which are distinguished or characterized by their emphasis
on matters depicting, describing or related to "specified sexual activities" or
"specified anatomical areas," or an establishment with a segment or section
devoted to the sale or display of such material. This use includes any adult
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bookstore, adult mini-motion picture theater, adult picture theater, cabaret,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service. An establishment primarily engaged in providing
services specifically to the agricultural community which is not directly
associated with a farm operation. Included in this use type would be
servicing of agricultural equipment, independent equipment operators, and
other related agricultural services.
Antique shop. A place offering primarily antiques for sale. An antique
for the purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
Auction establishment. A structure or enclosure where goods and/or
livestock are sold by auction.
Bed and breakfast. A dwelling or portion thereof, in which lodging is
provided by the owner or operator who resides on the premises. This use
offers short-term lodging rooms and meals for transient guests, none of
whom remain for more than fourteen (14) consecutive nights each. This
definition shall include the term tourist home.
Boarding house. A single-family dwelling unit, or part thereof, with no
three (3) or more rooms that are rented individually or collectively by long-
term residents (at least month-to-month tenants) as opposed to overnight or
weekly guests. A boarding house may make provisions for serving meals.
Boat repair yard. See Marina.
Business support service. Establishment or place of business engaged
in the sale, rental or repair of office equipment, supplies and materials, or
the provision of services used by office, professional and service
establishments. Typical uses include office equipment and supply firms,
small business machine repair shops, convenience printing and copying
establishments, mail and packaging stores, as well as temporary labor
services.
Business or trade school. A use providing education or training in
business, commerce, language, or other similar activity or occupational
pursuit, and not otherwise defined as an educational facility, either primary
and secondary, or college and university, or as a home occupation.
Campground. Any site, lot, parcel or tract of land on which
accommodations for temporary occupancy are located or may be placed,
including cabins, tents, and recreational equipment, recreational vehicles,
and which is primarily used for recreational purposes and retains an open-air
or natural character.
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Car wash. Washing and cleaning of vehicles. Typical uses include
automatic conveyor machines and self-service car washes.
Commercial indoor amusement. Establishments which provide games
of chance, skill or scoring as other than an incidental use of the premises.
Games would include pinball and video machines, pool and billiard tables
and other similar amusement or entertainment devices, whether or not they
are coin-operated, and also card games, bingo, and off-track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
Commercial indoor entertainment. Predominantly spectator uses
conducted within an enclosed building. Typical uses include motion picture
theaters, drama theaters, concert or music halls.
Commercial indoor sports and recreation. Predominantly participant
uses conducted within an enclosed building. Typical uses include bowling
alleys, ice and roller skating rinks, indoor racquetball, squash courts,
swimming, and/or tennis facilities, archery and indoor shooting ranges and
similar uses.
Commercial outdoor entertainment/sports and recreation.
Predominantly spectator uses conducted in open or partially enclosed or
screened facilities. Typical uses include motor vehicle, boat, motorcycle or
animal racing facilities/complexes, drive-in movies, miniature golf,
amphitheaters and outdoor amusement parks, motorized cart and motorcycle
tracks, and motorized model airplane flying facilities. Professional and semi-
professional athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility. Outdoor
pools or tennis facilities operated by a commercial entity that are open to the
general public usually requiring membership or some form of payment.
Construction office, temporary. A trailer used as a temporary office
during a construction operation. This use includes construction office
trailers occupied in conjunction with residential or non-residential
development.
Construction sales and services. Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of materials
used in the construction of buildings or other structures, but specifically
excluding motor vehicle or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply
establishments.
Convenience store. Establishments primarily engaged in the provision
of frequently or recurrently needed goods for household consumption, such
as prepackaged food and beverages, limited household supplies and
hardware.
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Crematorium. A location used for cremation containing properly
installed, certified apparatus for this process.
Dance hall. Any establishment open to the general public where
dancing is permitted and a cover charge is directly or indirectly required for
entry into the establishment.
Equipment sales and rentals. Establishments primarily engaged in the
sale or rental of tools, trucks, tractors, construction equipment, and similar
industrial equipment. Included in this use type is the incidental storage,
maintenance, and servicing of such equipment.
Flea market. Occasional or periodic commercial activities held in an
open area or enclosed structure where groups of sellers rent space on a short-
term basis to display, barter, or sell goods to the general public. A fee may
be charged for expected buyers for admission, or a fee may be charged for
the privilege of offering or displaying such merchandise. A flea market is
composed of semi-closed or outdoor stalls, stands, or spaces.
Funeral home. Establishments engaged in undertaking services such
as preparing the dead for burial, and arranging and managing funerals. This
use excludes crematorium, which is defined separately.
Garden center. Establishments engaged primarily in the retail sale of
trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden
supplies, primarily for agricultural, residential and commercial consumers.
Gasoline station. A facility for the retail sale of motor vehicle fuels,
oils, and accessories, where repair is incidental, where no more than two (2)
abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
Golf course. A tract of land for playing golf, improved with tees,
greens, fairways, hazards, and which may include clubhouses and shelters.
Included would be executive or par 3 golf courses.
Golf driving range. A limited area on which golf players do not walk,
but onto which they drive golf balls from a common driving tee.
Hospital. A building or group of buildings having room facilities for
one (1) or more patients, used for providing services for the in-patient
medical or surgical care of sick or injured humans and which may include
related facilities such as laboratories, out-patient departments, training
facilities, central service facilities, ambulance stops and helicopter landing
sites, and other incidental and subordinate uses integral to hospital
operations.
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Hotel/Motel/Motor lodge/inn. A building or group of attached or
detached buildings containing lodging units intended primarily for rental or
lease to transients by the day or week. Such uses generally provide
additional services such as daily maid service, restaurants, taverns, or public
banquet halls, ballrooms, and meeting rooms and/or recreation facilities.
Kennel, commercial. The boarding, breeding, raising, grooming or
training of two (2) or more dogs, cats, or other household pets of any age not
owned by the owner or occupant of the premises.
Laundry. Establishments primarily engaged in the provision of
laundering, cleaning or dyeing services other than those classified as
personal services. Typical uses include bulk laundry and cleaning plants,
diaper services, or linen supply services. Manufactured home sales.
Establishment primarily engaged in the display, retail sale, rental, and minor
repair of new and used manufactured homes, parts, and equipment. Marina.
A use for docking or mooring of more than four (4) boats (excluding paddle
or rowboats) or providing services to boats, including servicing and repair,
sale of fuel and supplies, and provisions of lodging, goods, beverages. A
yacht or boat club shall be considered a marina.
Medical clinic. A facility providing medical, psychiatric, or surgical
service for sick or injured persons exclusively on an outpatient basis
including emergency treatment, diagnostic services, training, administration
and services to outpatients, employees, or visitors. This use may include
ambulance stops, helicopter landing sites, and other incidental and
subordinate uses integral to providing out-patient care. This would include
medical offices in excess of ten thousand (10,000) square feet of floor area.
Mini warehouse. A building designed to provide rental storage space
in cubicles where each cubicle has a maximum floor area of four hundred
(400) square feet. Each cubicle shall be enclosed by walls and ceiling and
have a separate entrance for the loading and unloading of stored goods.
Motor vehicle dealership, new. The use of a building, land area or
other premise for the display of new and used automobiles, trucks, vans, or
motorcycles for sale or lease, including warranty repair work and other
major and minor repair service conducted as an accessory use.
Motor vehicle dealership, used. Any lot or establishment where two
(2) or more used motor vehicles, including automobiles, trucks, and
motorcycles are displayed at one time for sale or lease, including warranty
repair work and other major and minor repair service conducted as an
accessory use.
Motor vehicle/outdoor storage. The outdoor storage of motor vehicles,
and boats. Motor vehicles in this use shall include cars, trucks, sports utility
vehicles, motorcycles, boats, motor homes or RV's.
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Motor vehicle parts/supply, retail. Retail sales of automobile parts and
accessories. Typical uses include automobile parts and supply stores which
offer new and factory rebuilt parts and accessories, and include
establishments which offer minor automobile repair services.
Motor vehicle, rental. Rental of motor vehicle and light trucks and
vans, including incidental parking and servicing of vehicles for rent or lease.
Typical uses include auto rental agencies and taxicab dispatch areas.
Motor vehicle repair service, major. Repair of construction
equipment, commercial trucks, agricultural implements and similar heavy
equipment, including automobiles, where major engine and transmission
repairs are conducted. Typical uses include automobile and truck repair
garages, transmission shops, radiator shops, body and fender shops,
equipment service centers, machine shops and other similar uses where
major repair activities are conducted.
Motor vehicle repair service, minor. Repair of automobiles,
noncommercial trucks, motorcycles, motor homes, recreational vehicles, or
boats, including the sale, installation, and servicing of equipment and parts.
Typical uses include tire sales and installation, wheel and brake shops, oil
and lubrication services, automobile glass repair and similar repair and
service activities where minor repairs and routine maintenance are
conducted.
Pawn shop. A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental sale of
such property.
Personal improvement service. Establishment primarily engaged in the
provision of informational, instructional, personal improvements and similar
services. Typical uses include driving schools, health fitness centers or
gyms, reducing salons, dance studios, handicraft and hobby instruction
facilities.
Personal service. Establishment or place of business engaged in the
provision of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops; grooming of pets;
seamstresses, tailors, or shoe repairs; florists; and laundromats and dry
cleaning stations serving individuals and households.
Real estate office, temporary. A class A or B manufactured home,
single-family home or other structure used on a temporary basis as a real
estate sales office in conjunction with residential development.
Recreational vehicle sales and services. Retail sales of recreational
vehicles and boats, including service and storage of vehicles and parts and
related accessories.
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Restaurant, drive-in fast food. An establishment primarily engaged in the
preparation of food and beverages, for either take-out, delivery or table
service, primarily served in disposable containers at a counter, a drive-up or
drive-through service facility or offers curb service.
Restaurant, general. An establishment engaged in the preparation of
food and beverages. This use is characterized by table service to customers
in non-disposable containers.
Retail sales. Sale or rental with incidental service of commonly used
goods and merchandise for personal or household use which is not otherwise
specifically described in the listing of commercial use types contained
herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts,
hardware, grocery stores, clothing stores, and floral retail shops.
Studio, fine arts. A building, or portion thereof, used as a place of
business for visual art, which may include sculptors, artists or
photographers.
Taxidermy. A building where animal skins are prepared, stuffed and
mounted for sale. Truck stop. An establishment containing a mixture of
uses which cater to the traveling public and in particular motor freight
operators. A truck stop might include such uses as fuel pumps, restaurants,
overnight accommodations, retail sales related to the motor freight industry,
and similar uses.
Truck terminal. See Warehousing and distribution, listed under
section 3-7000, Industrial use types.
Veterinary hospital/clinic. Any establishment rendering surgical and
medical treatment of animals. Boarding of animals shall only be conducted
indoors, on a short-term basis, and shall only be incidental to such
hospital/clinic use, unless also authorized and approved as a commercial
kennel. (7-7-05.)
BE IT FURTHER ORDAINED, by the Board of Supervisors of Isle of
Wight County, Virginia, that ?Appendix B, Zoning Section 4-4005, Article
IV. Zoning Districts and Boundaries, Part 4. Village Center (VC) District,
?Bulk Regulations?, of the Isle of Wight County Code be amended and
reenacted to read as follows:
Sec. 4-4005. Bulk regulations.
(a) Maximum building height.
(1) All buildings: thirty-five (35) feet or three (3) stories,
whichever is lesser.
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(2) Public or semi public buildings such as schools, churches,
libraries, or government buildings may be allowed up to sixty feet
(60), provided that the scale, massing, and building design are shown
to be compatible with the existing neighborhood and general intent of
the District.
(b) Maximum density.
(1) Conventional single-family subdivision: two (2) dwelling
units per acre.
(2) Floor area ratio for non-residential: twenty-five hundredths
(0.25) square feet per foot of net development area.
(c) Minimum front yard setback.
(1) Lots with less than one hundred fifty (150) feet of width:
(A) Where rights-of-way is fifty (50) feet or greater, the
minimum front yard setback is thirty-five (35) feet from
property line;
(B) Where rights-of-way is less than fifty (50) feet, the
minimum front yard setback is sixty (60) feet from
centerline of road.
(2) Lots one hundred fifty (150) feet or greater of width:
(A) Where rights-of-way is fifty (50) feet or greater, the
minimum front yard setback is sixty (60) feet from
property line;
(B) Where rights-of-way is less than fifty (50) feet, the
minimum front yard setback is eighty-five (85) feet from
centerline of road.
(3) In the case that there are existing lots of record in a
subdivision having a width that would require a front setback to
be lesser or greater than the other lots within the subdivision, the
setback met by the majority of the lots shall be required.
(d) Minimum side yard setback.
(1) Lots with one hundred (100) feet or greater of width:
One (1) side: fifteen (15) feet
Both sides: thirty-five (35) feet
14
(2) Lots with less than one hundred (100) feet of width:
One (1) side: ten (10) feet
Both sides: twenty (20) feet
(e) Minimum rear yard setback.
(1) Lots with one hundred (100) feet or greater of width: thirty-
five (35) feet.
(2) Lots with less than one hundred (100) feet of width: twenty-
five (25) feet. (7-7-05.)
BE IT FURTHER ORDAINED, by the Board of Supervisors of Isle of
Wight County, Virginia, that ?Appendix B, Zoning, Article VIII.
Bufferyards, Landscaping and Open Space. Part 1. Bufferyards., Article IX.
Signs. Part 1. Signs., Sec. 9-1005. ?General sign restrictions and
prohibitions? of the Isle of Wight County Code be amended and reenacted to
read as follows:
Sec. 9-1005. General sign restrictions and prohibitions.
(a) Pertaining to all signs.
(1) Signs that revolve or are animated or that utilize movement
or apparent movement to attract the attention of the public are
prohibited.
(2) Signs, which contain or consist of pennants, balloons,
ribbons, streamers, banners, spinners, strings of lights, or other similar
moving or stationary devices, are prohibited, unless otherwise
specifically allowed by this ordinance.
(3) Signs that are attached to or utilize utility poles, trees or
other signs are prohibited. Signs attached to fences or walls are
prohibited unless otherwise specifically allowed by this ordinance.
(4) Signs advertising activities, which are illegal under federal,
state, or local laws or regulations are prohibited.
(5) Except for movie theater and fuel price signs, changeable
sign copy shall not be incorporated into a sign face, unless the
changeable component of the sign face occupies less than half the total
area of the sign face. If changeable copy is used, it shall be located
adjacent to or integrated into the sign face, and lettering shall be of a
single style and of uniform color and size.
15
(6) Home occupation signs shall not be illuminated.
(7) Signs and advertising structures shall not obstruct any
window, door, fire escape, stairway, ladder or opening intended to
provide light, air or ingress and egress for any building or structure.
(8) The placement of signs on roofs is prohibited.
(9) The parking of a vehicle to which a sign is attached for
display purposes or the use of such a vehicle for a portable sign shall
be prohibited.
(b) Facade signs.
(1) No facade sign shall be higher than the roof line or parapet
wall of any building for which the sign is attached. A sign may be
attached to the fascia of a structure, but may not be located so as to
extend above the upper edge of the fascia.
(c) Freestanding signs.
(1) Signs located within any public right-of-way shall be
prohibited unless specifically approved by the regulatory authority.
(2) No sign or supporting structure may be located in or over
any public right-of-way except for public informational and warning
signs.
(3) No sign may be erected so that by its location, color, size,
shape, nature, or message it would tend to obstruct the view of or be
confused with official traffic signs or other signs erected by
governmental agencies.
(4) No sign may be located so that it interferes with the view
necessary for motorists to proceed safely through intersections or to
enter onto or exit from public streets or private roads.
(5) No sign shall be located within the sight triangle as
determined by this ordinance or obstruct a clear view to and from
traffic along any street right-of-way entrance or exit.
(6) Off-premises directional signs shall be prohibited.
(7) Portable and off-premises signs shall be prohibited unless
otherwise specifically allowed by this ordinance. (7-7-05.)
16
For state law as to authority of the County to regulate boating
operations within its territorial waterways, see Code of Va., § 29.1-700 et
seq.
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, responsive to the Board?s direction at
a previous meeting, presented a survey of the Camp Washington property
with respect to the proposed easement requested by William and Brenda
Harrell.
Bill Harrell, property owner behind the Camp Washington property,
requested that the Board approve a right-of-way across the Camp
Washington property to his property in the back to prevent it from being
landlocked.
Supervisor Bradshaw moved that the matter be sent to County
Administrator Caskey for staff review and recommendation to the Board at
its September 18, 2008 meeting in conjunction with 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.
Interim County Attorney Burton requested the Board?s approval to
transfer certain real property from Isle of Wight County to the Industrial
Development Authority of Isle of Wight County to be used as part of the
Intermodal Park.
Supervisor Bradshaw moved that the Board authorize the Chairman to
sign the agreement on behalf of the Board authorizing the transfer of real
property from the County to the Industrial Development Authority for land
(500+ acres) to be used as the inter-modal park. 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 rescinded his motion.
Supervisor Bradshaw moved that the above matter be advertised for
public hearing at the Board?s October 2, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
17
Interim County Attorney Burton presented a contract extension with
Evergreen Capital Advisors, Inc. to provide financial services for the PACE
Program for the Board?s consideration.
Supervisor Bradshaw moved that the contract extension with
Evergreen Capital Advisors, Inc. be approved and the Chairman be
authorized to sign the letter dated September 3, 2008 under his signature
and addressed to Mr. Daniel O?Connel. The motion was adopted by a vote
of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton advised that he had one (1) item to
discuss with the Board later during the Closed Meeting.
//
Chairman Clark called for the Community Development report.
Judy H. Winslow, Director of Tourism, updated the Board on
marketing initiatives associated with the 2008 Isle of Wight County Fair.
Mark W. Furlo, Park Administrator, recognized the volunteers
involved with the Fair.
Gina R. Ippolito, Recreation Administrator, recognized County
businesses and organizations that have contributed to the Fair.
Lori Jessee, Events and Fair Coordinator, introduced the schedule of
events for the Fair.
Chairman Clark mentioned that the Board had attended a ribbon-
cutting ceremony for the opening of the fairgrounds prior to this meeting
and he commended staff and the Fair Committee volunteers for their
contributions.
//
Responsive to a request by Supervisor Bradshaw, Interim County
Attorney Burton requested a Closed Meeting pursuant to Section 2.2-
3711.A.7 of the Freedom of Information Act regarding a matter of
consultation with legal counsel concerning potential litigation.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reason stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
18
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 Bradshaw moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
There was no action taken following the Closed Meeting.
//
Chairman Clark called for the General Services report.
Mr. Mazur provided a progress update on the Joel C. Bradshaw, Jr.
Fairgrounds construction project. She advised that the electricity has been
installed and that there is a need for safety fencing around the electrical
substations.
Supervisor Bradshaw requested County Administrator Caskey and the
Director of Budget and Finance to discuss funding for concrete and chain-
19
length fencing to be installed around the breaker boxes (the Board will
approve an appropriation at its next meeting on September 18, 2008 and
County Administrator Caskey has the authority to move forward with this
project based on associated safety issues.)
Ms. Mazur presented a Memorandum of Understanding between the
City of Suffolk and Isle of Wight County in association with a $500,000
Multimodal Grant from the Federal Highway Administration and VDOT.
Supervisor Bradshaw moved that the following Resolution Approving
a Memorandum of Understanding between the City of Suffolk and Isle of
Wight County Concerning the Multimodal Planning Grant Project be
adopted upon the review of the County Attorney:
THIS MEMORANDUM OF UNDERSTANDING, made as of the
fourth day of September 2008, by and between the CITY OF
SUFFOLK, VIRGINIA, a Virginia municipal corporation (?Suffolk?),
and ISLE OF WIGHT COUNTY, a Virginia municipal corporation
(?Isle of Wight?), recites and provides as follows:
RECITALS:
1. The City of Suffolk and Isle of Wight County entered into a joint
grant application to request a Multimodal Planning Grant for the modeling
project ?Land Use & Transportation Data ? Predicting and Prioritizing
Changing Needs?
2. Notice was received on February 29, 2008 that the grant was
awarded to the City of Suffolk and Isle of Wight County. The award was in
the amount of $450,000 of Federal Surface Transportation Program Funds
and each applicant will provide $25,000 of matching funds for a total project
expenditure of $500,000.
3. Both the City of Suffolk and Isle of Wight County understand
and anticipate that the $25,000 of matching funds may be provided by in-
kind services. During the project, both jurisdictions will provide appropriate
documentation to verify the value of in-kind services for approval by VDOT.
4. By request of the Commonwealth of Virginia, Multimodal
Planning Office and as provided in the agreement entitled ?An Agreement
for the Utilization of Federal Surface Transportation Program Funds in Isle
of Wight County and the City of Suffolk? only one signatory may execute
the agreement on behalf of the locality. Isle of Wight County and the City of
Suffolk have mutually agreed that the City of Suffolk will act as signatory on
the agreement.
4 Isle of Wight County and the City of Suffolk have mutually
agreed that the project will be administered by the City of Suffolk with
20
oversight by Isle of Wight County. Selection of the project design team and
negotiation of project scope and fee will require approval by both
jurisdictions. Monthly invoicing will be reviewed and approved by the City
of Suffolk with a monthly update provided to Isle of Wight County. Any
changes to the scope or fee of the original contract will require approval by
both jurisdictions.
5. Both localities must provide appropriate staff for participation in
all required project meetings and to assist the selected consultant as
necessary to ensure the successful completion of the project in a timely
manner. Both localities must provide in a timely and efficient manner all
relevant data, technical assistance, review of project submittals and any
other information required to ensure the successful completion of the
project.
EXPRESSION OF INTENT:
NOW, THEREFORE, the parties wish to enter into this Memorandum
of Understanding in order to express their mutual intent concerning the
foregoing matters and to serve as a basis for the negotiation, execution and
completion of the project entitled ?Integrating Land Use &Transportation
Data Predicting & Prioritizing Changing Needs Isle of Wight County and
the City of Suffolk? and to ensure that the Federal Surface Transportation
Funds awarded for the project are utilized in the most cost effective and
efficient manner:
1. The City of Suffolk agrees to administer the project as mutually
established by both localities. The City of Suffolk shall execute the
agreement between the Multimodal Planning Office and the locality as
mutually established by both localities. The City of Suffolk shall provide
such assurances and comply with such terms and conditions as provided in
the agreement between the Multimodal Office and the Locality to ensure the
efficient and effective administration of the project.
2. Both localities agree to provide matching funds in the amount of
$25,000 per locality. Both localities recognize that matching funds may be
provided through in-kind services and agree to provide all documentation as
required by the Commonwealth of Virginia, Multimodal Planning Office to
verify the worth of such services.
3. Both localities agree to participate in the selection of a
competent, qualified engineering design team in accordance with the
Commonwealth of Virginia procurement process. Once selected, both
localities agree to participate in negotiations of the scope and fee for
execution and completion of the project. Both localities agree to be
signatories to the design contract between locality and design team. Both
localities shall provide such assurances and comply with such terms and
21
conditions as presented in the contract with the selected engineering design
team to complete the project in an efficient and expeditious manner.
4. Both localities agree to provide appropriate staff as well as all
relevant data, technical assistance, reviews and any other information
required to ensure the successful and timely completion of the project.
5. This letter of intent shall be governed by and construed in
accordance with the applicable laws of the Commonwealth of Virginia,
without regard to the conflicts of laws principles thereof.
6. Once fully-executed, this Memorandum of Understanding will
evidence our mutual understanding with respect to the matters set forth
herein.
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.
Joseph R. Chase, Emergency Management Coordinator, updated the
Board on Tropical Storm Hanna. He advised that Hanna is anticipated to
pass through Hampton Roads on Saturday, September 6, 2008 during the
daytime hours and bring heavy rain and damaging winds. He stated 3.5 to
4.5 inches of rainfall is expected in the County with peak sustained winds
between 40-50 mph between 9:30 a.m. and 11:30 a.m. He advised that
lingering rains will clear by mid Sunday morning as a cool front moves
through. He advised that staff intends to meet on Friday morning, including
the Towns of Smithfield and Windsor, and a conference call will be
conducted with the Virginia Department of Emergency Management. He
advised that the Emergency Operations Center will be open Friday evening
with limited staff and a decision regarding full operation will be made on
Saturday morning. He advised that staff will continue to monitor the system
throughout the night and Friday and that staff will continue sending out
alerts to the Isle of Wight Alert System as needed. He advised that an
Emergency Declaration Resolution has been prepared, if needed, and the
Governor has declared a State of Emergency.
County Administrator Caskey, pursuant to the Board?s direction at a
previous meeting, presented a Resolution of Appreciation to Mrs. Hannah
Holland and the Holland family in recognition of mural on the wall in the
Board Room which was painted by Mrs. Holland.
Supervisor Wright moved that the following Resolution be adopted:
22
RESOLUTION OF APPRECIATION TO MRS. HANNAH HOLLAND
AND THE HOLLAND FAMILY
WHEREAS, the Board of Supervisors desired to have a mural painted
in the Robert C. Claud, Sr. Board Room; and,
WHE REAS, Mrs. Hannah Wise Griffin Holland designed and
submitted a mural design that depicted the history and character of Isle of
Wight County and volunteered to paint the mural on the Robert C. Claud,
Sr. Board Room Wall; and,
WHEREAS, Mrs. Holland?s family, Wilson Eley Holland, Rebecca
Holland, Regina Holland and Daniel Hobson, assisted her in painting the
mural;
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Mrs. Hannah Holland and her family members be
recognized and commended for her outstanding design and their artistic
skills in rendering the mural, and are presented this Resolution as a token of
the Board?s gratitude and esteem; and,
BE IT FURTHER RESOLVED, that a copy of this Resolution be
th
spread upon the minutes of this Board this 4 day of September 2008.
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 a formal version of the
above Resolution will be presented to the Holland family at a later date.
Emily G. Haywood, Director of Human Resources, presented changes
to the Public Safety Pay Plan relative to Dispatcher, Emergency Services and
Animal Control staff. She advised that the Sheriff has requested that the
additional $500 stipend be tabled at this time and she distributed a revised
Resolution reflecting that change.
Chairman Clark moved that the following revised Resolution be
adopted, effective September 1, 2008:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
PUBLIC SAFETY PAY ADJUSTMENTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized pay adjustments for public safety positions; and,
WHEREAS, funds in the amount of eighty four thousand five hundred
sixty six dollars ($84,566) needs to be appropriated to the appropriate line
23
items in the FY 2008-09 General Operating Budget of the County of Isle of
Wight, Virginia.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that eighty four thousand five hundred sixty six
dollars ($84,566) from the Unappropriated Fund Balance of the General
Fund be appropriated to the FY 2008-09 General 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 adjustments in the budget 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.
Ms. Haywood presented a Resolution to Appropriate Funds from the
Unappropriated Fund Balance of the General Fund for Safety Equipment
Needs for the Board?s consideration.
Chairman Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
SAFETY EQUIPMENT NEEDS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized the purchase of safety equipment; and,
WHEREAS, funds in the amount of fifty four thousand six hundred
dollars ($54,600) needs to be appropriated to the appropriate line items in
the FY 2008-09 General Operating Budget of the County of Isle of Wight,
Virginia.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that fifty four thousand six hundred dollars
($54,600) from the Unappropriated Fund Balance of the General Fund be
appropriated to the FY 2008-09 General 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 adjustments in the budget and to do all things necessary to give
this resolution effect.
24
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. Haywood presented a Resolution to Amend the County Policy
Manual Chapter 1, Article XI, Section 11.4 for the Board?s consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE COUNTY POLICY MANUAL
CHAPTER 1, ARTICLE XI, SECTION 11.4
WHEREAS, the Isle of Wight County Policy Manual addresses
procedures concerning various provisions of the Use of Alcohol and
Controlled Substances Policy,
WHEREAS, the following amendments to the Use of Alcohol and
Controlled Substances Policy will provide updates to the policy manual,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia, that the County
Policy Manual, Chapter 1, Article XI, Section 11.4 be amended as follows:
Use of Alcohol and Controlled Substances
The abuse of drugs or alcohol in the County workplace jeopardizes the
productivity of employees, poses a safety and health threat to employees and
the public, and erodes public trust and confidence in County government.
The Federal Drug Free Workplace Act requires the County to provide all
employees with an alcohol and drug free work environment. All employees
are responsible for helping to ensure that the County?s work environment is
alcohol and drug free.
No employee shall do any of the following while on County premises
or while conducting County business:
1.Use, sell, dispense, possess, or manufacture alcohol or illegal drugs;
2.Be under the influence of alcohol or illegal drugs, or;
3.Have alcohol or illegal drugs present in their bodies.
In addition, no employee shall commit an alcohol or drug related
crime, whether the crime was committed while on County premises or while
conducting County business. All County employees are hereby notified that
the County is committed to providing its employees with a drug and alcohol
free workplace. As a condition of employment, all employees are deemed to
have consented to the drug and alcohol testing that is required under this
policy. Any violation of this policy will result in disciplinary action up to
25
and including termination. For purposes of this policy the term ?illegal
drugs? shall also include all controlled substances, except when such a
substance is used or possessed pursuant to a valid medical prescription.
Policy Exception
Employees may be placed in social settings outside of normal working
hours, when they are conducting County business or representing the
County in a situation where alcoholic beverages are served. Discrete use of a
moderate amount of alcohol under the circumstances described in this
section is not a violation of this policy; provided, that employees minimize
their consumption of alcoholic beverages to the greatest extent possible and
do not, at any time, operate a County motor vehicle after having consumed
alcohol.
Drug and Alcohol Testing
Drug and/or alcohol tests may be required in the following cases:
a.Where an applicant for a County position has been given a conditional
offer of employment, subject to the passage of a drug test;
b.As required by the Omnibus Transportation Employee Testing Act of
1991 and implementing regulations of the Federal Highway
Administration (49 CFR, Parts 40 and 382, et. al). All employees and
applicants who hold or are offered a position that requires a
Commercial Driver?s License (CDL) as a condition of employment
and continued employment will be tested for drugs and alcohol;
c.Where there is a reasonable suspicion that an employee is under the
influence of alcohol or a controlled substance while at work or on
duty, the employee may be required to participate in an appropriate
test to determine whether alcohol or other controlled substances are
present in the employee. Such tests may include, but shall not be
limited to, having the employee take a breathalyzer test or submit a
urine sample for analysis. Such tests shall be administered only after
prior notice and approval by the County Administrator or his/her
designee. Failure or refusal of an employee to participate in such a
test shall be cause for dismissal.
By way of example, and without limitation, any of the following
conditions or circumstances, alone or in combination, may create a
reasonable suspicion:
1.Unexplained inability to perform normal job functions;
2.Slurred speech;
3.The smell of alcohol or drugs in the breath or on the body;
4.Any unusual lack of physical coordination or loss of equilibrium;
26
5.Unexplained hyperactivity, depression, or withdrawal;
6.Unexplained inability to think or reason at normal levels;
7.Unusual or bizarre behavior;
8.Information that an employee is using alcohol or illegal drugs in
violation of County policy, when obtained from a reliable person
with personal knowledge of the facts that support the allegation;
9.Involvement in an accident that caused, or had the potential to
cause, personal injury or property damage;
10.Involvement in an accident while operating a County vehicle;
11.Unexplained change in affect or mood;
12.Unexplained shortness of temper;
13.Violent or unexplained response to daily problems.
In all cases, a refusal to submit immediately to a drug or alcohol test
when requested, including a failure to appear for testing without prior notice
acceptable to the County or a verified positive test finding of alcohol or
illegal drugs use submit the employee to the full range of disciplinary action
up to and including dismissal; or in the case of an applicant, the withdrawal
of a conditional offer of employment.
Testing Procedures
Employees in a safety sensitive position shall submit to unannounced
random alcohol and drug testing. Safety sensitive positions include, but are
not limited to, firefighter/medics, dispatchers, employees who operate heavy
equipment, machinery or vehicles, Department Directors, Assistant County
Administrators, County Administrator, employees that serve an essential
role in emergency operations, and others designated by the County
Administrator.
Employees shall be tested for drugs and alcohol immediately after a
motor vehicle accident which occurred while they were operating a County
vehicle if:
?
A person was killed in the accident and the employee was engaged in
a safety sensitive job activity;
?
The employee received a moving vehicle traffic citation for the
accident and the vehicle was towed from the scene because of property
damage sustained in the accident;
?
The employee received a moving vehicle traffic citation for the
accident and a person was transported from the accident scene to
receive medical treatment;
?
In the opinion of the employee?s supervisor or the County
Administrator, there is a reasonable suspicion that the employee was
using, was under the influence of or has present in his or her body,
illegal drugs or alcohol based on objective facts as listed in this policy.
27
Before returning to employment after receiving a positive alcohol or
controlled substance test, employees must receive a written release from
their substance abuse professional documenting that they are able to return
to full duty and complete a negative drug and alcohol test.
All employees who have previously tested positive for drugs or alcohol
and have completed a negative return-to-duty test must submit to
unannounced periodic testing for drugs and alcohol. The dates and times of
such periodic testing will be determined by the County.
As a condition of employment, all employees are deemed to have
consented to the drug and alcohol testing that is required under this policy.
Employees who refuse to be tested, or who do not cooperate with a test shall
be disciplined as if they failed the test and are subject to additional
disciplinary action for insubordination.
Any employee who conclusively establishes by competent medical
evidence that a positive drug test result was caused by the presence of a
prescription drug which the employee was taking in accordance with a valid
prescription, or as the result of the use of a non-prescription drug which the
employee was taking for a bona fide medical purpose, shall not be deemed
to have violated this policy because of failing a test for that drug.
The result of any drug or alcohol test that is performed pursuant to this
policy shall be confidential and shall be made known to only those County
employees who are directly involved in any disciplinary decision. The result
of any drug or alcohol test that is performed pursuant to this policy shall not
be used in any criminal proceeding against the employee; however, in
appropriate circumstances, any other information obtained by the County
regarding an employee?s violation of this policy may be used in a criminal
proceeding against the employee.
Testing Standards
All drug tests will take place at a facility certified for drug testing to
ensure accurate testing and minimum intrusion into the privacy of
employees. All alcohol tests shall be administered in accordance with
normal standards for alcohol breath analysis.
Employees who are tested for controlled substances will receive the
type of drug screen deemed necessary by the testing facility after
consultation with the Director of Human Resources. If the drug screen is
positive, a confirmation test will be conducted on the same sample. If the
confirming test confirms the results, the employee shall be deemed to have
tested positive for drugs and to have drugs in his or her body, subject to the
split specimen test described in this policy.
28
Employees who are tested for alcohol will receive an alcohol breath
analysis test. If the breath analysis test determines that the employee?s blood
alcohol content is at a level of .04 or higher, the employee shall be deemed
to have tested positive for alcohol and to have alcohol present in his or her
body. An employee whose tests results are .02 or greater but less than .04 is
not considered positive, however, the employee cannot perform safety
sensitive functions within 24 hours after the test and will be required to take
a breath alcohol test in which the result is .000 before returning to work.
Split Specimen
All drug testing shall be conducted under split-sample collection
procedures. Employees may within 72 hours after they are notified of a
positive test, request in writing a test of the split specimen and designate a
certified laboratory to test the split specimen. If an employee does not
request a split specimen test or designate a certified laboratory to test the
split specimen within the 72-hour period, the employee shall have waived
the opportunity for a split specimen test and the employee shall be deemed
to have tested positive for drugs. The employee may not request a reanalysis
of the primary sample.
If the analysis of the split specimen does not reconfirm the presence of
the drugs found in the primary specimen, or if the split specimen is
unavailable, inadequate for testing or unable to be tested, the employee shall
be deemed not to have tested positive for drugs, irrespective of the outcome
of the original test.
The employee shall pay the cost of testing the split specimen. The
County will reimburse the employee for the cost if the analysis of the split
specimen does not reconfirm the presence of drugs, irrespective of the
outcome of the original test.
Employee Assistance Program
The Employee Assistance Program (EAP) provides all County
employees with the opportunity to seek counseling, rehabilitation, and other
assistance for alcohol and drug abuse problems. Employees who have or
believe that they may have alcohol or drug abuse problems may voluntarily
seek assistance through the EAP. All EAP information is treated as
confidential when the employee voluntarily seeks EAP assistance.
Employees who are not in violation of this policy are not subject to
disciplinary action as a result of voluntarily seeking EAP assistance for
alcohol or drug abuse problems. However, employees who violate this policy
will be disciplined in accordance with the policy whether or not they have
received or are receiving voluntary assistance for alcohol or drug abuse
problems through the EAP. Additionally, voluntary involvement in the EAP
29
shall not be considered a mitigating factor in determining the appropriate
disciplinary action to be taken for violation of this policy.
Disciplinary Action for Violation of Policy
The County reserves the right to determine the appropriate level of
discipline for violations of this policy but will take the following action in
the situations described below:
?
Any probationary employee who violates any provision of this policy
shall be terminated.
?
Any employee who commits or is convicted of a drug or alcohol
related felony shall be terminated, whether the offense took place
while the employee was on County premises or conducting County
business.
?
Any employee who commits or is convicted of a drug or alcohol
related misdemeanor shall be terminated if the offense took place
while the employee was on County premises or conducting County
business, or if the offense is reasonably related to the employee?s
fitness to perform the employee?s job responsibilities.
For purposes of maintaining a drug and alcohol free workplace, the
County reserves the right to search all County workplaces, including but not
limited to, offices, desks, file cabinets, County vehicles, and tool boxes.
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. Haywood presented a request to add Safety/Training Coordinator
position, which would work in the Human Resources Department and be
responsible for OSHA safety compliance; training of employees;
maintenance of a safety manual; and, performing on-site visits to ensure that
equipment is being used appropriately.
Following an inquiry from Supervisor Casteen relative to why this
position was not addressed during the budget cycle, it was noted that the
County has been in need of a training and safety program for some time and
the matter had been discussed during the budget process, but not with the
Board, and staff was requested to perform a further evaluation of the need.
Chairman Clark moved that the Board approve the Safety/Training
Coordinator position. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
30
County Administrator Caskey presented a Resolution to Formally
Endorse Phillip A. Bradshaw for President-Elect of the Virginia Association
of Counties.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION TO FORMALLY ENDORSE
PHILLIP A. BRADSHAW FOR PRESIDENT-ELECT
OF THE VIRGINIA ASSOCIATION OF COUNTIES
WHEREAS, Phillip A. Bradshaw has served on the Isle of Wight
County Board of Supervisors since 1994; and,
WHEREAS, Supervisor Bradshaw has been actively involved as a
member of the Board of Directors of the Virginia Association of Counties
(VACo) since 1999; and,
WHEREAS, Supervisor Bradshaw has announced his candidacy for
the position of President-Elect of the Board of Directors of VACo; and,
WHEREAS, Supervisor Bradshaw?s experience as an elected official,
academic training, experience in the private sector, along with his tenure on
the VACo Board of Directors make him uniquely qualified for the position
of President-Elect.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia formally
endorse the candidacy of Phillip A. Bradshaw for the position of President-
Elect of the Board of Directors of VACo.
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 consideration of the Consent Agenda.
A. Modification/Clarification of the Approved Design of the
Carrollton Cove Shoppes
B. Litter Pickup for the Months of July and August
C. Delinquent Real Estate Tax Collection Monthly Report
Supervisor Brown moved that the Consent Agenda be approved, as
presented. The motion was adopted by a vote of (5-0) with Supervisors
31
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Appointments.
Supervisor Bradshaw moved that Pat Clark be reappointed to serve on
the Western Tidewater Community Services Board. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
//
Chairman Clark called for Old Business.
A. The application of James B. Brown, Jr. and Judith B. Roberts, et
al, owners, and Brown, Jolley, Brown, LLC, applicant, for a
change in zoning classification of approximately 42.65 acres of
land from Rural Agricultural Conservation (RAC) to
approximately 9.6 acres of Conditional-General Commercial (C-
GC) and approximately 33 acres of Conditional-Urban
Residential (C-UR). The property is located at the intersection
of Carrollton Boulevard (Rt. 17) and Deep Bottom Drive (Rt.
662) in the Newport Election District. The purpose of the
application is to develop a mixed-use community with
commercial parcels on the Route 17 frontage and multi-family
residential units in the rear.
Supervisor Brown advised that he is the owner of the above property
and that he would, therefore, refrain from discussing and voting on the
matter.
Ms. Walkup briefed the Board that the above application was tabled
by the Board at its August 21, 2008 meeting to this meeting. She advised
that a few changes have been discussed with the applicant due to concerns
expressed by citizens resulting in a change in Proffer #17 to address the
household income range that is being targeted for the rental property. She
advised that the 80% to 120% of Area Median Income (AMI) has been
changed to 75% to 105% AMI and the for-sale condo units have remained at
the 80% to 120% of AMI. She advised that Proffer #37 has changed to
allow the County to establish adequate or appropriate requirements for the
number of children per bedroom within the rental units.
Supervisor Bradshaw recommended that under the requirements for
bedroom space per child, delete ?County? requirements and insert ?Planning
and Zoning Director? and that it be based on foster care guidelines. He
32
further recommended that a formal letter from the Director of Social
Services stating the foster care requirements be kept on file so that the
Planning and Zoning Director can make reference to it.
Responsive to Chairman Clark, Ms. Walkup noted that she would ask
the applicant if he is willing to proffer the same requirement for bedroom
space per child for the upcoming Eagle Harbor project.
Interim County Attorney advised that the language under Proffer #17
has been changed to reflect that ?the developer shall ??? instead of ?the
intent of the developer.?
Responsive to Supervisor Bradshaw relative to whether or not the
applicant is willing to proffer that 20% of the building will be constructed of
brick, Ms. Walkup advised that the developer will be coming back with a
rendering for the Planning Commission and the Board?s approval for the
structures that will be built on that property. She advised that Proffer #12
guarantees that there is no more than 80% vinyl.
Chairman Clark requested staff to ask the applicant if he would be
willing to proffer that 20% of the structure would be constructed of brick.
He reiterated that the Board wants the proposed buildings to look at least as
nice as those at Eagle Harbor.
Responsive to Supervisor Bradshaw, Ms. Walkup advised that the
proffer concerning the Section 8 housing is proffering that the applicant will
not participate in the Section 8 program for twenty (20) years.
Supervisor Bradshaw commented that administration of the Section 8
program is currently under the Director of Social Services. He added that
the Board could change the administration and guidelines of the Section 8
program to require that Section 8 applications come directly to this Board.
He advised that he was not comfortable with the twenty (20) year minimum.
He stated that it has been the consensus of the Board in the past that Section
8 housing would not be built in the Highway Corridor Overlay District and
he recommended that the Section 8 program be removed and made a
separate proffer.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, offered to investigate and report back to the Board if it
can establish certain administrative responsibilities relative to how the
Section 8 housing program is administered.
Supervisor Bradshaw requested staff to ask the applicant if he would
be willing to proffer a traffic light at that intersection for a period of five (5)
years after build out should VDOT determine in the future that a traffic light
is warranted.
33
Supervisor Casteen recommended that the word ?consecutive? be
removed from the language in Proffer #21, for a ninety (90) day total.
Following a breakdown of rents, Supervisor Casteen commented that
the proposed workforce housing rents appear to be more in line with market
rates in the area.
Ms. Walkup advised that the applicant has agreed to proffer a rent
schedule which will be presented at site plan for approval to the Planning
Commission.
Chairman Clark requested that staff encourage all rezoning applicants
in the future to proffer a sunset clause that their project would begin within
seven (7) years.
Ms. Walkup added that when the rents were being discussed, the
applicant offered a proposal on the current rents they were proposing, which
a one (1) bedroom would be $940; two (2) bedrooms would be $1,175; and,
a three (3) bedroom would cost $1,400.
Chairman Clark moved that the Board take a recess to allow Ms.
Walkup an opportunity to discuss with the developer the Board?s concerns.
The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Brown abstaining from
discussion or voting.
Chairman Clark moved that the Board return to open session. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen,
Clark and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Brown abstaining from discussion or
voting.
Chairman Clark noted the need for the applicant?s proffers to be
structured; more specific to a section for the rental units; and, categorized.
Supervisor Bradshaw moved that the application be tabled until the
Board?s September 18, 2008 meeting. The motion was adopted by a vote of
(4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor
of the motion; no Supervisors voting against the motion; and, Supervisor
Brown abstaining from discussing or voting on the matter.
Supervisor Bradshaw withdrew his motion following advice from
Interim County Attorney Burton that the Board could not discuss the motion
and that it should be voted upon.
Ms. Walkup was directed to work on the following and be ready to
respond to the Board at its September 18, 2008 meeting: Reformat and
34
categorize the proffers; present a proposed rent schedule at the Board?s
September 18, 2008 meeting; ensure that there is some amount of brick;
applicant is willing to proffer 20% brick or stone; break out Section 8 as a
proffer and ensure that it is not limited to the 20-year period (applies to for-
sale units, as well as rental); reword proffer #20 (pre-qualify) to ensure that
the County does have oversight, but does not appear to be responsible;
reword proffer 21 and remove the word ?consecutive? from 90 days and
have the restriction that children under the age of 18 can not reside in the
units 90 days within any 12-month period; reword proffer 37 and add
approval to meet the requirements of the Planning and Zoning Director, as
opposed to meet the current County requirements in terms of the maximum
number of children per bedroom; discuss any proffer that the applicant is
willing to offer relative to a traffic signal and include that that proffer would
be in effect five (5) years after build out and that warrants would be taken to
determine if a traffic signal was needed; and, recommend that the developer
consider a sunset clause of seven (7) years to begin construction.
Supervisor Bradshaw moved that the application be tabled until the
Board?s September 18, 2008 meeting. The motion was adopted by a vote of
(4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor
of the motion; no Supervisors voting against the motion; and, Supervisor
Brown abstaining from discussion or voting.
//
Supervisor Bradshaw moved that the Board take a recess. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open 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.
//
Chairman Clark called for discussion on the following:
B. The application of Elliot Cohen, owner, and Commonwealth
Engineering, applicant, for a change in zoning classification
from Rural Agricultural Conservation (RAC) and General
Commercial (GC) to Conditional-Urban Residential (C-UR) of
approximately 2.58 acres of land located on the west side of
Carrollton Boulevard (Rt. 17), north of Cedar Grove Road (Rt.
661) in the Newport Election District. The purpose of the
application is to develop 34 residential condominium units.
35
Ms. Walkup commented that a meeting was to take place between the
applicant, Chairman Clark and herself; however, Chairman Clark?s schedule
had not permitted such meeting to occur as yet.
Supervisor Wright moved that the Board table the application to the
Board?s October 2, 2008 meeting to allow Ms. Walkup and Chairman Clark
an opportunity to meet with the applicant. The motion was adopted by a
vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in
favor of the motion and Supervisor Casteen voting against the motion.
Ms. Walkup was directed to email the Board members and advise
when the meeting with the applicant is to take place.
Chairman Clark called for discussion on the Invitation for Bid (IFB)
relative to the demolition of the building previously known as Angelo?s
Restaurant.
Ms. DeVary advised that six (6) bids were received and staff is
recommending that the award of the bid go to Waco Contractors in the
amount of $14,700.
Supervisor Bradshaw moved that the Board award the contract
pending the ten-day waiting period and that the Chairman be authorized to
sign the contract pending the approval of the 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.
Chairman Clark advised that the Smithfield Vice-Mayor David Hare
had contacted him to request that the Board not take any action on the
proposed Fire and EMS station in Smithfield until the Smithfield
Intergovernmental Relations Committee has had an opportunity to discuss
the issue further. He requested County Administrator Caskey to set up the
meeting.
Chairman Clark moved that the matter be tabled until the Board?s
September 18, 2008 meeting. The motion was adopted by a vote of (4-1)
with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the
motion and Supervisor Casteen voting against the motion.
//
Chairman Clark called for New Business.
Chairman Clark inquired if the County?s convenience sites are
accepting unsecured items.
36
Supervisor Bradshaw advised Chairman Clark that the Waste
Committee is currently reviewing the policies and guidelines associated with
the County?s convenience center sites.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.3 of the Freedom of Information Act regarding
acquisition of real property in the Hardy District.
Supervisor Bradshaw 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 adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
//
37
At 8:05 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
__________________________
Stan D. Clark, Chairman
______________________
Carey Mills Storm, Clerk
38
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