10-02-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SECOND DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND EIGHT
PRESENT: Stan D. Clark, Chairman
James B. Brown, Jr., Vice-Chairman
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Clark called the meeting to order at 4:00 p.m. and delivered
the invocation.
//
The Pledge of Allegiance was conducted.
//
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 an item requesting the
Board to consider an offer from GSH Real Estate for the purchase of a
75?x150? section from Parcel 21A-47-001; under the County Attorney?s
Report, add an item requesting the Board to the review the proposed Deed of
Bargain and Sale between Isle of Wight County and the Industrial
Development Authority; under the County Attorney?s Report, add another
Closed Meeting item; and, under New Business, add consideration of a
Resolution Recognizing October 13-19, 2008 as GED Week and October
15, 2008 as GED Day in the Commonwealth of Virginia.
Supervisor Wright requested that one (1) item pertaining to land
acquisition be added under the Closed Meeting and that one (1) item
pertaining to the Isle of Wight County Museum be added under Old
Business.
Supervisor Brown moved that the agenda be approved, 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.
//
1
Chairman Clark called for Special Presentations/Appearances.
Supervisor Bradshaw formally introduced Larry Shaffer and moved
that the Board adopt the following Resolution recognizing his efforts with
respect to the Voluntary Protection Program for International Paper:
RESOLUTION TO RECOGNIZE THE
ACCOMPLISHMENTS OF LARRY SHAFFER
Shaffer is a Voluntary Protection Programs (VPP)
WHEREAS, Larry
National Special Government Employee (SGE) for International Paper
; and,
was recently recognized by the United States
WHEREAS, Mr. Shaffer
Occupational Safety and Health Administration (OSHA) as the National
Special Government Employee of the Year
; and,
he Voluntary Protection Programs National Special
WHEREAS, t
Government Employee Award recognizes an SGE who epitomizes and
exhibits exceptional support, time, effort, and action in VPP
.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia, recognizes and congratulates
National Special Government
Larry Shaffer for his accomplishments as the
Employee of the Year
.
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.
Bob Cole, President of the Education Foundation, Isle of Wight
County Public Schools, advised that the Foundation?s mission is to support
the quality of education in the County by helping to attract, retain and
recognize local educators; by fostering a public engagement program of all
facets of the community; and, by supporting supplemental program
innovation with the goal of improving student achievement. He advised that
in the 2005-06 school year, the Foundation implemented an instructional
mini-grant program to support innovative instructional projects in the
County?s public schools. He advised that the Foundation is beginning its
fundraising campaign for 2008-09 and that tickets are now on sale for the
student?s first Annual Gala to be held on October 18, 2008 at 5:30 p.m. in
The Smithfield Center. He extended an invitation for the Board to attend
the Gala.
Gina Ippolito, Recreation Manager, briefed the Board on the success
of the 2008 Isle of Wight County Fair. She publicly recognized staff
members and sponsors and distributed the results of a survey handed out at
the Fair. She advised that approximately 700 individuals attended the
2
seafood event, which had an estimated revenue of $17,500; that the
admission gate total was 12,500 with a gate revenue of $67,000; and, that
the sponsorship benefit totaled $59,250. She advised that the expenses for
the Fair are anticipated to come in under budget and that staff anticipates
having a conclusive financial report for the Board at its October 16, 2008
meeting. She reported of the 200 surveys that were administered at the
Fair, 81% were very satisfied with the Fair; 12% were satisfied and very few
were dissatisfied. She publicly thanked the following sponsors: Farmer?s
Bank; Daily Press; Sentara Obici; Riverside; Smithfield Packing; Smithfield
Station; Eagle 97.3; Don RV; Addison Group; Smithfield Times; Life Touch
Sports Photography; Simmons Group; Powell Management & Associates;
The Talking Phonebook; Resource International; Dixie RV Superstore;
Landmark Design & Group; WLQM 101.7; W. L. Jones; El Burrito;
Smithfield Gardens; Commonwealth Gin; Breeden Companies; Hardy
Towing; Rowland Equipment; Farmers Service; Smithfield Sheet Metal;
and, New Image.
Kristen M. Mazur, County Engineer, advised that the concrete pads
with fencing and the lock on the barn door can be addressed within the
existing budget and that staff would be returning to the Board with a cost
estimate to accomplish an alternate rear entrance to access the barn from the
parking area; a public announcement system; electrical service; phone lines;
additional signage; grading; and, installation of aggregate on areas within
the fenced area on the pedestrian paths.
David Sawyer, Chairman, Fair Committee, thanked the Board for its
support and publicly recognized the Fair Committee and the County?s
citizens for their efforts. He noted that efforts are underway for next year?s
Fair and he showed aerial views of the Fair site.
//
Chairman Clark called for Regional Reports.
Supervisor Bradshaw reported that the Hampton Roads Economic
Development Alliance will be holding a special called Executive Committee
meeting to discuss the Search Committee?s recommendation with respect to
a new Executive Director for that organization.
County Administrator Caskey reported that a Federal Leadership
Summit was conducted at the most recent meeting of the Hampton Roads
Military and Federal Facilities Alliance which is charged with strategizing
how to better position the region for the next BRAC alignments that may
occur in 2015. He advised that the second half of the meeting involved the
adoption of a Comprehensive Action Plan, followed by a meeting of the
Board of Directors who discussed the audit and elected several new
Directors. He advised that exploration of a new name for that organization
is also being considered.
3
Chairman Clark reported that Governor Kaine addressed State budget
cuts, which he noted will be substantial, at the most recent meeting of the
Hampton Roads Partnership. He advised that the Governor is requesting
each of his department heads to be prepared to cut 15% from their respective
budgets.
Chairman Clark reported at the most recent meeting of the Smithfield
Intergovernmental Relation Committee that a majority agreed that one (1)
facility would be built to house the fire station and that the rescue squad
building would be renovated. He advised that the water and sewer
agreements had been referred to the Committee?s respective staffs to bring
back a recommendation.
Supervisor Bradshaw reported that the new Social Services Director
has not been receptive to the concept of consolidation of services with the
County, such as consolidation of payroll and procurement services.
Supervisors Brown and Bradshaw agreed to meet with the new Director to
convey that it is this Board?s wish to pursue the consolidation of services
with the Department of Social Services.
Supervisor Brown reported that the consultants for the Southeastern
Public Service Authority have narrowed the RFPs down to two (2) firms and
a detailed review is proceeding. He advised that the Authority Board passed
a resolution to agree to utilize Wachovia National Bank for capital
expenditures. He further advised that effective immediately is a hiring
freeze within that organization due to a shortfall in the budget which was
due to lower than anticipated tonnages from construction demolition debris
and private hauler waste.
Supervisor Bradshaw reported that a $900,000,000 shortfall is
projected in the FY2009 State Budget; however, drastic cuts to local
governments are not anticipated. He advised that a shortfall of $1.7 billion
is projected in the 2010 State budget. He advised that over the next two (2)
years, up to $700,000,000 can be taken from the State?s ?rainy day? fund,
which could cause the State to have a reduction in its bond rating. He
advised that VACo staff has confirmed that the Forestry Department is
experiencing closures across the State and that VDOT will experience
another consolidation and reorganization of that agency. He advised that the
Governor has the authority to reduce the aid to local governments by 15%
and a special committee of VACo is continuing to move forward with the
development of a strategic plan. He advised that 35% of the State budget is
K-12 education funding and 15% is Medicaid funding and while they may
not be impacted in the 2009 State budget, they will most likely be impacted
in the 2010 State budget. He advised that 42% of the State budget is aid to
local governments and that the Board?s Finance Committee will be holding a
meeting prior to the Board of Supervisors? next meeting to discuss some of
4
the issues. He advised that collections for personal property and real estate
are anticipated to decrease.
//
Chairman Clark called for Transportation Matters.
Kristen M. Mazur, County Engineer, advised that the survey on
Yellow Rock Road is due to be completed on October 20, 2008.
Supervisor Brown inquired about the date of completion for Owens
Estates.
Ms. Mazur offered to find out the completion date and advise
Supervisor Brown accordingly.
Supervisor Casteen requested that the completed item for Smithfield
be removed from the Transportation Report.
Supervisor Wright inquired about the status of the Barlow brother?s
fence on Turner Road which keeps on being torn down.
Ms. Mazur advised that rumble strips have been installed and the
VDOT Residency Administrator has advised that the Barlow brothers are
satisfied.
Supervisor Bradshaw asked that Ms. Mazur request an update from
the VDOT Residency Administrator on the issue of drainage at Zuni.
Supervisor Bradshaw requested the status of the abandonment of
Piney Grove Road.
Ms. Mazur reported that she will contact the VDOT Residency
Administrator regarding the process for abandonment of roads and report
back to the Board.
Ron Dashiell, Newport District, expressed concern that flooding on
the southbound lane of Route 17 could result from a 10-inch rain occurring.
He requested the Board?s assistance in having VDOT conduct a study and
associated design work for grading in that area.
Chairman Clark moved that Ms. Mazur be directed to arrange a
meeting with the VDOT Residency Administrator and Mr. Dashiell to
determine the process and report 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.
5
//
Chairman Clark called for Citizens Comments.
No citizens addressed the Board.
//
Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton presented a request from GSH Real
Estate for the Board?s consideration of purchasing a 75?x150? strip of land
from Parcel 21A-47-001.
Supervisor Bradshaw moved that the request be referred to staff for
their review, consideration and recommendation to the Board regarding
whether or not the County wants the property and that the matter be referred
to the Town of Smithfield simultaneously for their review and comments.
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 proposed Deed of
Bargain and Sale between Isle of Wight County and the Industrial
Development Authority for land to be used as part of an intermodal park.
He requested permission to advertise the matter for public hearing at the
Board?s October 16, 2008 meeting.
Supervisor Bradshaw moved that the County Attorney?s office be
authorized to set the matter for public hearing at the Board?s meeting of
October 16, 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.
Interim County Attorney Burton advised that the following items have
been advertised for public hearing later in the meeting:
. Consideration of the Isle of Wight County Proposed Real
Property Tax Levy Increase.
. Consideration of the Amendment to the Isle of Wight County
Fiscal Year 08-09 Budget, to increase the budget by $3.425
million dollars for the purchase of three (3) parcels of real estate
within the County.
. Consideration for divestment of County property (Tax Map
Parcel #53-01-082B & 60-01-045) to the Isle of Wight County
Industrial Development Authority for use as an intermodal park.
6
. An Ordinance to Amend Chapter 16, Tyler?s Beach Boat
Harbor, to facilitate the removal of abandoned property from the
Tyler?s Beach Boat Harbor.
. An Ordinance to Enact Chapter 12.1, Public Parks and
Recreation Facilities, to protect the safety and security of the
citizens of Isle of Wight County who use public parks and
recreation facilities by limiting or prohibiting certain conduct.
. An Ordinance to Amend Chapter 8, Garbage, Weeds and Litter,
Article IV, Load Covering and Transportation of Litter, Section
8-12 Penalties, to increase penalties for failing to properly secure
materials placed in uncovered areas of vehicles which may end
up on the public roadways.
. An Ordinance to Amend Chapter 7, Fire Protection, Article II,
Fireworks and Article III, Open Burning, to safeguard life and
property from the hazards of fire or explosion.
. An Ordinance to Amend Chapter 12-11, Hunting Near Public
Schools or Parks Prohibited, to further protect the citizens of Isle
of Wight County from the dangers of firing firearms near public
facilities.
. Consideration for the lease renewal of the property known as the
?Johnson Farm? to Mr. Matthew J. Johnson for agricultural
purposes.
Interim County Attorney Burton advised that he had two (2) items to
discuss with the Board later during the Closed Meeting.
//
Chairman Clark called for the Emergency Services report.
Patrick J. Small, Assistant County Administrator, updated the Board
regarding the County?s generator leasing program which came about as a
result of Hurricane Isabel and was intended to make the County more
prepared in the event of emergencies, as well as make the County?s shelters
more operational. He advised that the generator at the Windsor Volunteer
Fire Department has exceeded its useful life and he requested the Board?s
authorization to include a new generator in the monthly lease payment to
Tidewater Energy Services in the amount of $100.
Supervisor Wright moved that the County Administrator be authorized
to sign the equipment lease and service agreement for the replacement
generator at the Windsor Volunteer Fire Department. The motion was
7
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. Small requested the Board?s approval to extend the current
contract with Tidewater Energy Services on a month-to-month basis on the
current generator until the new generator is installed.
Supervisor Wright moved to approve the extension of the existing
contract covering the current generator at the Windsor Volunteer Fire
Department until a new one is installed. 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. Small presented a recommendation from the Emergency
Management Coordinator for the installation of a transfer switch and
generator at Carrsville Elementary School for mass evacuations and isolation
of the Carrsville area. He requested the Board?s direction on whether or not
to proceed with the installation of a transfer switch, generator and contract
effective January 2009 or would the Board prefer to direct staff to bring this
back as part of the budget process.
Supervisor Bradshaw moved that staff be directed to return to the
Board with a resolution for the purchase and installation of a transfer switch
for the Carrsville Elementary School; that staff meet with the Director of
Budget and Finance to determine where the funds will be taken from; and,
that staff provide the Board with financial and technical information with
respect to providing a generator to support the Carrsville Elementary School.
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.
Mr. Small updated the Board on the construction of the new courts
building. He advised that the matter was discussed at a joint meeting of the
Planning Commission and the Historical Architectural Review Committee
(HARC) and that staff anticipates having the site plan for the Board?s
consideration at its November 6, 2008 meeting.
Bruce Bruchi, Powell Management Associates, presented a contract
amendment in the amount of $169,000 for the Board?s consideration with
Bury+Partners-Virginia, the firm responsible for designing the water and
septic improvements in support of the new courts building project;
addressing long-term needs; and, identifying areas for future septic and
water sources for the courthouse campus.
8
Supervisor Bradshaw moved that the scope of work with
Bury+Partners-Virginia, Inc. be approved and that the Chairman be
authorized to sign the professional services agreement. 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 presented a request from Sheriff Phelps
for a position modification to convert a full-time position into two (2) part-
time positions.
Chairman Clark moved that the request to convert a full-time position
within the Sheriff?s Department to two (2) part-time positions be authorized.
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. Voting Credentials for the VACo Annual Business Meeting
B. Capital Improvements Plan (CIP) FY 2010-14 Kick-Off
C. County?s Charitable Activities
D. Application for Grant Funds ? Fire Services Grant Program
. Resolution to Authorize the Submission of a Grant
Application and to Accept and Appropriate Grant Funds
from the Virginia Department of Fire Programs
E. Donation to Voices for Kids CASA (Court Appointed Special
Advocate) Program of Southeast Virginia
. Resolution to Accept and Appropriate Donations to Voices
for Kids CASA (Court Appointed Special Advocate)
Program of Southeast Virginia
F. Application for Grant Funds ? Litter Control and Recycling
Fund Advisory Board?s Special Projects
. Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Environmental Quality for the
Litter Control and Recycling Fund Advisory Board?s
Special Projects Fund
9
G. County Policy Amendment
. Resolution to Amend the County Policy Manual Chapter
2, Article 1
H. County Policy Amendment
. Resolution to Amend the County Policy Manual Chapter 1
I. Monthly Engineering Projects Report
J. Litter Pickup
K. The application of ATC Panels for Preliminary Site Plan Review
to allow for the construction of a 3,807 square foot bio-filter and
to request a waiver to Section 6-1010 of the Zoning Ordinance,
Architectural Guidelines for all Non-Residential Uses.
L. Delinquent Tax Collection Report
M. August 7, 2008 Regular Meeting Minutes
Supervisor Brown moved that Item (K) be removed and that the
remainder of the Consent Agenda 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.
Supervisor Bradshaw noted that he had a conflict of interest with Item
(K), the application of ATC Panels for Preliminary Site Plan Review to
allow for the construction of a 3,807 square foot bio-filter and to request a
waiver to Section 6-1010 of the Zoning Ordinance, Architectural Guidelines
for all Non-Residential Uses and that he would not be discussing or voting
on the application.
Chairman Clark inquired if work had begun on the site before permits
were issued.
Tom Garahand, Facility Manager, ATC Particleboard Plant, advised
that an underground fire water line had been relocated before he realized
that a plumbing permit would be required. He advised that no further
construction activity has occurred at the site to date.
Chairman Clark inquired if staff is ensuring that the exterior will be
consistent with the surrounding existing uses.
10
Matt Smolnik, Planner, commented that the exterior is to be concrete
with stainless steel panels, ladders and catwalks. He advised that there will
be some visible parts from the road. He noted that because of the elevated
railroad tracks to the south of the site, any landscaping on the ATC Panels
site would not do a lot of good.
Mr. Garahand advised that ATC Panels has permission from
International Paper and intends to do landscaping on the International Paper
lumber mill side of the tracks.
Supervisor Wright moved that the site plan and the waiver of the
Highway Corridor Overlay District architectural standards be approved. The
motion was adopted by a vote of (4-0) with Supervisors Brown, Casteen,
Clark and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Bradshaw abstaining from discussing
and voting on the application.
//
Chairman Clark called for Appointments.
No appointments were offered by the Board.
//
Chairman Clark called for Old Business:
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 (Route 17) and Deep Bottom
Drive (Route 662) in the Newport Election District. The purpose of
the application is to develop a mixed-use community with commercial
parcels on the Route 17 frontage and multi-family residential units in
the rear.
Supervisor Brown noted that he had an economic interest in the
application and, therefore, would not be discussing or voting on the
application.
Ms. Walkup recalled that the Board had tabled consideration of the
application at its September 18, 2008 meeting, responsive to a request by
the applicant. She noted that the applicant has submitted revised proffers
that address the Board?s previously stated concerns.
11
Chairman Clark moved that the Board approve the application as
proffered. The motion was adopted by a vote of (3-1-0) with Supervisors
Bradshaw, Clark and Wright voting in favor of the motion; Supervisor
Casteen voting against the motion; and, Supervisor Brown abstaining from
discussing and voting on the motion.
Chairman Clark called for consideration of the following:
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.
Amy Ring, Assistant Director of Planning and Zoning, advised that as
a result of the meeting between the applicant and Chairman Clark, the
applicant has submitted an updated fiscal impact worksheet; updated traffic
impact assessment; and, a Corps of Engineers? jurisdictional determination
for the proposed site.
Chairman Clark requested Ms. Walkup to inquire if the applicant
would be willing to proffer a sunset clause and reword Section 3-8.
Chairman Clark moved that the application be tabled and readdressed
prior to the conduction of the public hearings tonight. 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 updated the Board on the proposed fire and EMS
station in Smithfield. He advised that in addition to cost savings, a separate
station will offer substantially more square footage to the fire station. He
stated that the Board is committed to quality work on both facilities.
Supervisor Casteen commented that he would like to have the full
support of the Smithfield Town Council before moving forward. He further
commented that the Fire & Rescue Association endorses the combined
facility concept.
Chairman Clark commented that Councilman Hare had advised him
that he had the consensus of the entire Council. He stated that it was
suggested at the last Fire & Rescue Association meeting that the County
should be building additional smaller facilities to address response times.
He stated that in addition to cost savings, a separate facility will offer
12
substantially more square footage to the fire station and the facility will fit
better on the lot because it will allow equipment to turn around.
Chairman Clark moved that the Board endorse the two (2) building
concept consisting of the refurbishment of the existing rescue squad
building and the building of a new stand-alone fire station for the Town of
Smithfield. 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 moved that the County Attorney be directed to
prepare a revised Memorandum of Understanding with the understanding
that the Smithfield Town Council is anticipated to adopt the same thing and
that the County Attorney be directed to draft a letter for the Chairman?s
signature stating the position of the Intergovernmental Relations Committee
and that this Board has already taken action to move forward. 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 discussion on the Museum.
Supervisor Wright requested that the ragged steps be cut properly and
cleaned up; that the ceiling tiles in the Museum office be repaired; that
skirting be placed around the air vents; that staff look at the electrical boxes
and light switch at the passage door on the Church Street side of the facility;
that the windows upstairs be opened which are now painted shut; and, that
the mold in the basement be addressed. He also noted that a cleaning
service is needed before the opening of the facility.
Eddie P. Wrightson, Director of General Services, offered to get with
the County?s Engineer and address Supervisor Wright?s concerns. He
recommended that staff revisit the preliminary engineering work, which had
been abandoned early on, and that those plans be carried forward. He
advised that he has requested a proposal with respect to the drainage plans
and that following receipt of a proposed scope of services and fee, he would
return to the Board with a request to appropriate the necessary funds.
//
With respect to the application of Elliott Cohen, Ms. Walkup returned
with a proffer statement addendum deleting Proffer #3 and adding a Proffer
#11 pertaining to the reversion of zoning clause.
Chairman Clark moved that the application of Elliott Cohen be
approved as proffered. The motion was defeated by a vote of (2-3) with
Chairman Clark and Supervisor Brown voting in favor of the motion and
Supervisors Bradshaw, Wright and Casteen voting against the motion.
13
//
Chairman Clark called for New Business.
Interim County Attorney Burton requested the Board?s consideration
of a Resolution Recognizing October 13-19, 2008 as GED Week and
October 15, 2008 as GED in the Commonwealth of Virginia.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION IN SUPPORT AND RECOGNITION OF
VIRGINIA GED WEEK AND VIRGINIA GED DAY
WHEREAS, a well educated, highly skilled workforce is essential to
the economic growth of the Hampton Roads Region and the Commonwealth
of Virginia; and,
WHEREAS, the GED Certificate is a nationally recognized high
school equivalency credential and is accepted by most colleges, universities,
and employers as evidence that the holder of the credential possesses
knowledge and skills necessary for post-secondary education and the
workforce; and,
WHEREAS, more than one million adult Virginians, or one in six,
lack a high School Diploma or GED Certificate, drastically reducing their
chance to earn a living wage and support their families; and,
WHEREAS, a stronger alignment between economic and workforce
development and education is essential to producing a skilled workforce that
fosters a dynamic, globally competitive business environment; and,
WHEREAS, local Workforce Investment Boards, One-Stop
Comprehensive Workforce Centers, the Virginia Department of Education,
and the Virginia Workforce Network?s other program partners throughout
the Commonwealth have joined efforts to increase GED certification.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVEDthat
the Board of Supervisors of the County of Isle of Wight County, Virginia
supports and recognizes October 13-19, 2008, as GED Week and October
15, 2008 as GED Day in the Commonwealth of Virginia.
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.
//
14
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.3 of the Freedom of Information Act concerning the
acquisition of real property in the Smithfield District; pursuant to Section
2.2-3711.A.3 concerning the acquisition of real property in the Windsor
District; and, pursuant to Section 2.2-3711.A.7 regarding consultation with
legal counsel requiring the provision of legal advice pertaining to a cable
franchise.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reasons stated. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the 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
15
ABSENT DURING MEETING
: 0
Supervisor Wright moved to proceed with the purchase of said
properties discussed in Closed Meeting. The motion was adopted by a vote
of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
//
Supervisor Wright advised that he had contacted several local farmers
with respect to their use of the Camp Washington property and Bob Alphin
of Sunset View Farms is willing to farm the property for $20 per acre, which
will provide relief to the County with respect to the upkeep of the property
and grass cutting.
Supervisor Wright moved that the County Attorney be directed to
prepare a five (5) year lease between the County and Mr. Bob Alphin to
farm the Camp Washington property and that staff be authorized to advertise
the matter for public hearing at the Board?s October 16, 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.
Regarding the Board?s earlier vote on the Cohen application,
Supervisor Bradshaw moved that the rezoning application be reconsidered.
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 to approve the Cohen application with
the proffers as conditioned. 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.
County Administrator Caskey noted that a tour of the International
Paper facility is scheduled for October 14, 2008. He advised that because of
the number of Board members that are anticipated to attend, the tour will
need to be advertised as a special meeting of the Board. He further advised
that Congressman Forbes will be making a visit on that same day at 2:00
p.m. in his office to discuss any issues that the Board may have.
Chairman Clark requested that staff prepare the necessary Special
Meeting notice for the Board to take a tour of International Paper on October
14, 2008 from 8:00 a.m. until 12:00 p.m. with a luncheon to immediately
follow.
16
Chairman Clark requested that staff prepare the necessary Special
Meeting notice for the Board to meet with Congressman Forbes on October
14, 2008 at 2:00 p.m. in the County Administrator?s Conference Room.
//
Chairman Clark called for a public hearing on the following:
A. The application of Ricky M. Grandison, owner, for a change in
zoning classification from Rural Agricultural Conservation
(RAC) to Suburban Residential (SR) of approximately .34 acre
of land located at 14221 Bartlett Circle, Carrollton, in the
Newport Election District for a proposed single-family
residence.
Amy Ring, Assistant Director of Planning and Zoning, presented the
application.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark moved that the application of Ricky M. Grandison 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 a public hearing on the following:
B. Isle of Wight County Proposed Real Property Tax Levy Increase.
Interim County Attorney Burton stated pursuant to State Code, the
County is required, due to the reevaluation as of July 1, 2008, to hold a
public hearing before setting a tax rate due to the amount of increase of the
assessments being greater than 1%. He stated that following the public
hearing, the Board must readopt the Tax Ordinance.
Chairman Clark called for persons to speak in favor of or in opposition
to the increase.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
17
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the following Ordinance on behalf of the Board:
AN ORDINANCE TO IMPOSE TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009
nd
ADOPTED THIS 2 DAY OF OCTOBER, 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
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
18
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.
Chairman Clark called for a public hearing on the following:
C. Amendment of Budget (Resolution to Appropriate Funds from
the Designated Fund Balance for Land Acquisitions)
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed budget amendment.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark moved that the Chairman be authorized to sign the
following Resolution to Appropriate Funds from the Designated Fund
Balance for Land Acquisition:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR LAND ACQUISITIONS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the acquisition of the Johnson Property in Zuni, the
HRFT, Inc. property in Windsor and the Stoup property in Carrollton; and,
WHEREAS, funds up to the amount of three million four hundred
twenty-five thousand dollars ($3,425,000) need to be appropriated from the
Designated Fund Balance of the Capital Projects Fund to the FY 2008-09
General 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 up to three million four hundred
19
twenty-five thousand dollars ($3,425,000) from the Designated Fund
Balance of the Capital Projects Fund be appropriated to the FY 2008-09
General Operating Budget.
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 (4-1) with Supervisors
Bradshaw, Brown, Clark and Wright voting in favor of the motion and
Supervisor Casteen voting against the motion.
Interim County Attorney Burton requested the Board to authorize the
Chairman to execute the deed with HRFT for the intermodal park.
Supervisor Brown moved to authorize the Chairman to execute the
Deed with HRFT for the intermodal park. 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 a public hearing on the following:
D. 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.
Chairman Clark called for persons to speak in favor of or in opposition
to the transfer of real property.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the Chairman be authorized to execute
the Deed of Bargain and Sale on behalf of the Board. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, 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:
E. An Ordinance to Amend Chapter 16, Tyler?s Beach Boat
Harbor.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
20
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the Board authorize the Chairman to
execute the following Ordinance on behalf of the Board:
AN ORDINANCE TO AMEND THE
ISLE OF WIGHT COUNTY CODE
?CHAPTER 16. TYLERS BEACH BOAT HARBOR.
ARTICLE IV. ABANDONED PROPERTY.?
WHEREAS, on December 5, 1967 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 Chapter 16 of the
Isle of Wight County Code to establish a public boat harbor known as the
?Tylers Beach Boat Harbor?; and
WHEREAS, the increased use of the Tylers Beach Boat Harbor has
resulted in the need to ensure the safety and security of the facility and to
protect the life and safety of the citizens using the same;
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of Isle of Wight County, Virginia, that ?Chapter 16, Tylers
Beach Boat Harbor, Article IV, Abandoned Property? of the Isle of Wight
County Code be amended as follows:
Sec. 16-8. Abandoned Property.
(a) Whenever the Department of Parks and Recreation, Recreation
Coordinator, Park Administrator, or their designees or successors shall be of
the opinion that any vessel has been abandoned, or that any dock, wharf,
pier, piling, bulkhead or other structure or vessel might endanger the public
health or safety of persons, or might constitute a hazard or obstruction to the
lawful use of the waters within or adjoining boat harbor, he shall cause a
written notice to be mailed by certified mail or delivered to the owner of
such dock, wharf, pier, piling, bulkhead or other structure or vessel,
directing the owner to remove, repair, or dispose of or secure such property
within the time specified in such notice. Any such owner who shall fail to
remove, repair, dispose of or secure such property within the time specified
in such notice shall be guilty of a Class 1 misdemeanor. Each day?s default
in the removal, repair, disposal or securing shall constitute a separate
offense. In addition, a judge hearing the case may order the owner to
remove, repair, dispose of or secure the dock, wharf, pier, piling, bulkhead
or other structure or vessel.
21
(b) If the owner fails to remove, repair, dispose or secure such dock,
wharf, pier, piling, bulkhead or other structure or vessel within the time
specified in the notice given pursuant to this Section, the Department of
Parks and Recreation, Recreation Coordinator, Park Administrator, or their
designees or successors may remove, repair, dispose of or secure such
property at the expense of the owner, and the expense shall be chargeable to
and paid by the owner of such property or the owner of the property to
which any dock, wharf, pier, piling, bulkhead or other structure, hereinafter
referred to as ?hazard? is attached. Such expense shall be a lien upon such
property that was removed, repaired, disposed of or secured, and upon any
parcel of land of which the hazard is a part or to which the hazard is affixed
or from which it was removed, and upon the owner?s other real property in
the County, until paid. Such expense shall be reported by the Department of
Parks and Recreation, Recreation Coordinator, Park Administrator, or their
designees or successors to the County Treasurer, who shall collect the same
in the manner in which County taxes levied upon real estate are authorized
to be collected. Such lien shall be recorded in the judgment lien docket
book in the Circuit Court of the County, and may also be reduced to a
personal judgment against the owner and collected as otherwise provided by
law.
(c) If the identity or whereabouts of the lawful owner is unknown or
not able to be ascertained after a reasonable search and the above referenced
notice has been made to the last known address of any known lawful owner,
the Department of Parks and Recreation, Recreation Coordinator, Park
Administrator, or their designees or successors, may cause repairs to be
made to such wharf, pier, piling, bulkhead or other structure or vessel, or
cause same to be removed and disposed of after giving notice of such repair
or removal in a newspaper of general circulation in Isle of Wight County,
Virginia. In the event the Department of Parks and Recreation, Recreation
Coordinator, Park Administrator, or their designees or successors, causes the
removal, repair or security of any such wharf, pier, piling, bulkhead or other
structure or vessel after complying with the notice provisions of this section,
such expense shall be a lien upon such property that was removed, repaired,
disposed of or secured, and upon any parcel of land of which the hazard is a
part or to which the hazard is affixed or from which it was removed, and
upon the owner's other real property in the County, until paid. Such expense
shall be reported by the Department of Parks and Recreation, Recreation
Coordinator, Park Administrator, or their designees or successors, to the
County Treasurer, who shall collect the same in the manner in which County
taxes levied upon real estate are authorized to be collected. Such lien shall
be recorded in the judgment lien docket book in the Circuit Court of the
County, and may also be reduced to a personal judgment against the owner
and collected as otherwise provided by law.
For state law as to authority of the County to regulate
abandoned property, see Code of Va., § 15.2-909.
22
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 the status of the removal of a registered
boat that is underwater at the dock.
Gina R. Ippolito, Recreation Manager, advised that prior to the
approval of the Ordinance tonight, staff had not had the authority to remove
abandoned property. She advised that adoption of the Ordinance allows
staff to be able to move forward with enforcement of abandoned property.
Chairman Clark called for a public hearing on the following:
F. An Ordinance to Enact Chapter 12.1 Public Parks and
Recreation Facilities.
Chairman Clark 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.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the following Ordinance on behalf of the Board:
AN ORDINANCE TO ENACT
CHAPTER 12.1. PUBLIC PARKS AND RECREATION FACILITIES.
WHEREAS, there has been a marked growth in the use of Isle of
Wight County public parks and recreation facilities; and
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the safety and security of the citizens of Isle of Wight
County using such public facilities;
NOW THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Chapter 12.1. Public Parks and
Recreation Facilities is hereby enacted as follows:
CHAPTER 12.1.
PUBLIC PARKS AND RECREATION FACILTIES.
Article I. In General.
Sec. 12.1-1. Definitions.
23
Article II. Regulations Governing Public Parks and Recreation Facilities.
Sec. 12.1-2. Alcoholic beverages and controlled substances prohibited.
Sec. 12.1-3. Operating or parking vehicles in recreational facilities
generally.
Sec. 12.1-4. Games of chance prohibited.
Sec. 12.1-5. Concealed weapons prohibited.
Sec. 12.1-6. Open fires.
Sec. 12.1-7. Toilets; cleanliness and use.
Sec. 12.1-8. Use of public parks and recreational facilities property and
equipment.
Sec. 12.1-9. Control of litter.
Sec. 12.1-10. Control of animals.
Sec. 12.1-11. Hours of operation.
Sec. 12.1-12. Permits for use of public parks and recreational facilities.
Sec. 12.1-13. Leasing of park facilities; charges for use of such facilities
and admission
to recreation activities.
Sec. 12.1-14. Posting advertisement; sale of goods generally.
Sec. 12.1-15. Sale of food and soft drinks; canteen concessions.
Sec. 12.1-16. Washing, repairing or servicing vehicles.
Sec. 12.1-17. Use of nature trails, pedestrian paths, etc.
Sec. 12.1-18. Operation of nonlicensed motorized vehicles.
Sec. 12.1-19. Rules and regulations.
Sec. 12.1-20. Violations of chapter.
Article I. In General.
Sec. 12.1-1. Definitions.
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
County shall mean the County of Isle of Wight.
Administrator shall mean either the Isle of Wight Department of Parks
and Recreation Administrator, Park Administrator or their designee.
Person shall mean any person, firm or corporation.
Public parks and recreation facilities shall mean any buildings, lands
and water, including roadways, recreation equipment, structures and flora
and fauna therein, owned, leased or operated under the jurisdiction of Isle of
Wight County as a park or recreation area and open to the general public for
park or recreation purposes. (8-21-08.)
24
Article II. Regulations Governing Public Parks and Recreation Facilities.
Sec. 12.1-2. Alcoholic beverages and controlled substances prohibited.
(a) No person shall consume or possess an open or previously
opened container containing any alcoholic beverage, or be under the
influence of an alcoholic beverage while in public parks and recreational
facilities.
(b) Notwithstanding subsection (a), the sale, possession and
consumption of alcohol, by persons of legal age, at public parks and
recreation facilities may be permissible at designated evens as may be
determined and authorized by the Administrator.
(c) No person shall consume, possess or be under the influence of
any controlled substance, as defined by the Code of Virginia, while in public
parks and recreational facilities. (8-21-08.)
Sec. 12.1-3. Operating or parking vehicles in recreational facilities
generally.
No person shall operate or park any vehicle in public parks and
recreational facilities except on the roadways and parking areas provided
and/or designated for this purpose. Nor shall any vehicle be parked in a
manner as to impede or obstruct the normal safe flow of traffic. (8-21-08.)
Sec. 12.1-4. Games of chance prohibited.
No person shall engage in games of chance in public parks and
recreational facilities. (8-21-08.)
Sec. 12.1-5. Concealed weapons prohibited.
Unauthorized persons shall not carry concealed weapons, nor shall
they have on or about their person dangerous or deadly weapons, in public
parks and recreational facilities. (8-21-08.)
Sec. 12.1-6. Open fires.
No person shall make a fire in public parks and recreational facilities
other than in grills, fire places or other areas as designated and approved for
such use by the Administrator. All fires shall be closely monitored and
completely extinguished by persons starting and using them before those
persons leave the immediate vicinity. (8-21-08.)
Sec. 12.1-7. Toilets, cleanliness and use.
25
No person shall fail to cooperate in maintaining restrooms in a neat
and sanitary condition. No person over the age of six (6) years shall enter
the restrooms designated for the opposite sex. There shall be no loitering in
the restrooms. (8-21-08.)
Sec. 12.1-8. Use of public parks and recreational facilities property and
equipment.
No person shall damage, deface, destroy, remove, injure or improperly
use public parks and recreational facilities, property, equipment or the
natural environment. (8-21-08.)
Sec. 12.1-9. Control of litter.
No person shall throw, deposit or leave any litter, refuse or rubbish of
any kind in public parks and recreational facilities except in public
receptacles and in such manner that the litter, refuse or rubbish will be
prevented from being carried by the elements. Where public receptacles are
not provided all such litter, refuse or rubbish shall be carried away from the
area by the person responsible for its presence and properly disposed of
elsewhere. (8-21-08.)
Sec. 12.1-10. Control of animals.
No person shall permit his animal to run at large except in designated
areas. In the case of a dog, the owner or his agent shall secure the animal by
a collar with a chain, cord or leash not exceeding eight (8) feet in length, and
have the animal under complete and immediate control. Owners shall be
responsible for the removal of animal waste. (8-21-08.)
Sec. 12.1-11. Hours of operation.
The Administrator shall establish hours of operation for public parks
and recreational facilities; the hours may prohibit use of certain facilities at
certain times. (8-21-08.)
Sec. 12.1-12. Permits for use of public parks and recreational facilities.
Permits for the use of public parks and recreational facilities may be
required by the Administrator. Where permits are required, no person shall
engage in or make use of any park and recreational facility without first
paying for same and adhering to the rules and regulations governing use of
said facility. (8-21-08.)
Sec. 12.1-13. Leasing of park facilities; charges for use of such facilities
and admission to recreation activities.
26
When authorized by the Board of Supervisors and upon such terms
and conditions as it may provide, the public parks and recreation facilities
may be leased. The County Administrator shall fix and collect charges for
the use of the facilities and services, fix and collect charges for admission to
concerts, entertainment and other recreational activities sponsored by the
County. (8-21-08.)
Sec. 12.1-14. Posting advertisement; sale of goods generally.
(a) No person shall post, distribute, circulate or display any notice,
banner, advertisement or printed material in any park or recreational facility
without permission of the Administrator.
(b) No person shall offer for sale or rent any goods, articles,
privileges, commodities or services whatsoever or solicit for any purpose in
any recreational facility without obtaining written permission from the
Administrator, and for such time and at such places as the Administrator
may determine. This Section shall not be construed to apply to the sale of
food, soft drinks and other like goods pursuant to Section 12.1-16 below.
(8-21-08.)
Sec. 12.1-15. Sale of food and soft drinks; canteen concessions.
The sale of foods, soft drinks or other like goods is prohibited in any
park or recreational facility, except from canteens or concessions operated
by concessionaires authorized by the Administrator. (8-21-08.)
Sec. 12.1-16. Washing, repairing or servicing vehicles.
No person shall use any park or recreational facility for washing,
repairing or servicing, other than replacing a flat tire, of any vehicle
designed for self-propulsion except in designated areas. Abandonment of
such vehicles is prohibited and such vehicles shall be removed at the owners
expense. If mechanical disablement occurs, immediate steps must be taken
for removal. (8-21-08.)
Sec. 12.1-17. Use of nature trails, pedestrian paths, etc.
No person other than those authorized by the Administrator shall
operate a motorized vehicle upon nature trails, pedestrian paths, and
bikeways specifically designated and established for such use. (8-21-08.)
Sec. 12.1-18. Operation of nonlicensed motorized vehicles.
No person shall operate a nonlicensed motorized vehicle in any park or
recreational facility unless in an area specifically designated for such use by
the Administrator. (8-21-08.)
27
Sec. 12.1-19. Rules and regulations.
The Administrator shall have the right to promulgate rules and
regulations for the operation of public parks and recreation facilities and the
activities therein. Such rules and regulations shall be posted at such park
and recreation facility and available for review in the office of the County
Administrator. (8-21-08.)
Sec. 12.1-20. Violations of chapter.
Any person violating any provision of this Chapter or any rule or
regulation duly adopted hereunder shall be guilty of a Class 4 misdemeanor,
unless otherwise specifically provided. In addition, such person may be
ejected form the park, building or other facility wherein the violation
occurred. (8-21-08.)
For state law as to authority of the County to restrict certain activities
in public parks and recreation facilities, see Code of Va., § 15.2-1806 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.
Chairman Clark called for a public hearing on the following:
G. An Ordinance to Amend Chapter 8 Garbage, Weeds and Litter,
Article IV, Load Covering and Transportation of Litter, Section
8-12, Penalties.
Chairman Clark 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.
Supervisor Wright moved that the Board authorize the Chairman to
execute the following Ordinance on behalf of the Board:
ANORDINANCETOAMENDANDREENACT
THEISLEOFWIGHTCOUNTYCODE
CHAPTER8.GARBAGE,WEEDSANDLITTER.
ARTICLEIV.LOADCOVERINGANDTRANSPORTATIONOFLITTER.
SECTION8-12.PENALTIES.
WHEREAS, on August 21, 2006, the Isle of Wight County Board of
Supervisors amended and reenacted Chapter 8 to the Isle of Wight County
28
Code in order to more appropriately address the growing concerns about
garbage, weeds and litter within the County; and
WHEREAS, the Isle of Wight County Board of Supervisors continues
to be concerned about the amount of litter on County roadways coming from
uncovered vehicles.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 8. Garbage, Weeds and Litter.
Article IV. Load Covering and Transportation of Litter. Section 8-12.
Penalties be amended and reenacted as follows:
Sec. 8-12. Penalties.
Any person violating this Article shall be deemed guilty of a Class 1
misdemeanor. In lieu of imposition of a fine, the court may order the
defendant to perform community service in litter abatement activities. (8-
21-06.)
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:
H. An Ordinance to Amend Chapter 7, Fire Protection, Article II,
Fireworks and Article III, Open Burning.
Chairman Clark 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.
Supervisor Brown moved that the Board authorize the Chairman to
execute the following Ordinance on behalf of the Board:
ANORDINANCETOAMEND
CHAPTER7.FIREPROTECTION.
ARTICLEII.FIREWORKS.
SECTION7-2.SALE,ETC.,OFCERTAINFIREWORKSPROHIBITED
GENERALLY.
WHEREAS, the Isle of Wight County Board of Supervisors has
adopted the Virginia Statewide Fire Prevention Code pursuant to Section
27-97 of the Code of Virginia (1950, as amended) in order to safeguard life
29
and property from the hazards of fire or explosion arising from the improper
maintenance of life safety and fire prevention and protection materials,
devices, systems and structures, and the unsafe storage, handling, and use of
substances, materials and devices, including fireworks, explosives and
blasting agents; and
WHEREAS, in order retain consistency with the Isle of Wight County
Code to reduce possible confusion by Isle of Wight County citizens.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 7. Fire Protection. Article II.
Fireworks. Section 7-2. Sale, etc., of certain fireworks prohibited generally
of the Isle Wight County Code be amended by adding the following:
Sec. 7.2. Sale, etc., of certain fireworks unlawful.
(a) Except as otherwise provided in this Chapter, it shall be
unlawful for any person to transport, manufacture, store, sell, offer for sale,
expose for sale, or to buy, use, ignite or explode any firecracker, torpedo,
skyrocket, or other substance or thing, of whatever form or construction, that
contains any explosive or flammable compound or substance, and is
intended, or commonly known, as fireworks and which explodes, rises into
the air or travels laterally, or fires projectiles into the air, other than those
permissible fireworks described in subsection (b) below.
(b) This Section shall not apply to the use or sale of permissible
fireworks. For purposes of this Section, ?permissible fireworks? means any
sparklers, fountains, Pharaoh?s serpents, caps for pistols, or pinwheels
commonly known as whirligigs or spinning jennies.
(c) Notwithstanding subsection (b) above, no person may use, ignite
or exploded permissible fireworks unless on private property with the
consent of the owner of such property.
(d) This Section shall have no applicability to any officer or member
of the armed forces of this Commonwealth, or of the United States, while
acting within the scope of his authority and duties as such, nor to any offer
of sale or sale of fireworks to any authorized agent of such armed forces; nor
shall it be applicable to the sale or use of materials or equipment, otherwise
prohibited by this Section, when such materials or equipment is used or to
be used by any person for signaling or other emergency use in the operation
of any boat, railroad train or other vehicle for the transportation of persons
or property.
(e) The County Administrator may, upon special public occasions,
issue permits for the display of fireworks by fair associations, amusement
parks, or by any organization or group of individuals, under the minimum
terms and conditions set forth in the Virginia Statewide Fire Prevention
30
Code. The issuance of such a permit shall not be made unless and until the
applicant provides for and enters into a bond, in the penalty of not less than
One Thousand Dollars ($1,000.00) with sufficient security, payable to Isle of
Wight County and conditioned to pay for all damages to any person or
property caused or resulting from the use of such fireworks. The terms and
conditions of such a permit shall be as prescribed by the County
Administrator and no person shall violate the same.
For state law as to authority of the County to restrict certain sales of
fireworks
and to issue firework permits, see Code of Va., §§ 27-94 et seq. and 15.2-
974.
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:
I. An Ordinance to Amend Chapter 12, Offenses ? Miscellaneous,
Section 12-11, Hunting Near Public Schools or Parks Prohibited.
Chairman Clark 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 Board authorize the Chairman to
execute the following Ordinance on behalf of the Board:
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 12. OFFENSES ? MISCELLANEOUS.
SECTION 12-11. HUNTING NEAR PUBLIC SCHOOLS OR PARKS
PROHIBITED.
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the safety and security of the citizens of Isle of Wight
County; and
WHEREAS, in order to address this problem, the Board of
Supervisors deems it appropriate to enact revisions to Chapter 12 of
the Isle of Wight County Code.
NOW THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Chapter 12. Offenses ?
31
Miscellaneous. Section 12-11. Hunting near public schools or parks
prohibited be repealed and reenacted as follows:
Sec. 12-11. Hunting near public schools or parks prohibited.
(a) No person shall shoot, hunt or attempt to hunt with a firearm
within one hundred (100) yards of any property line of any county public
school or county park within the Newport Development Service District.
(b) No person shall transport, possess or carry a loaded firearm
within one hundred (100) yards of any property line of any county public
school or county park within the Newport Development Service District,
except as otherwise permitted by state law.
(c) The provisions of this section shall not apply to the discharge of
a firearm for the killing of deer pursuant to Section 29.1-529 of the Code of
Virginia (1950, as amended). This exemption shall apply on land of at least
five acres that is zoned for rural agricultural use.
(d) Any person violating the provisions of this section shall be
guilty of a Class 4 misdemeanor. (4-16-92; 2-21-08.)
Sec. 12-11.1 Discharging firearms.
(a) No person shall discharge any firearm within the county within
1,000 feet of a (i) platted subdivision; (ii) business establishment; (iii)
public building; (iv) public gathering; or (v) public meeting place, unless
engaged in lawful hunting. For purposes of this subsection (a), a ?platted
subdivision? shall mean a single-family residential subdivision of more than
five (5) lots platted at the same time.
(b) Any person violating the provisions of this section shall be
punishable as a Class 1 misdemeanor.
(c) This section shall not apply to a (i) law-enforcement officer in
the performance of his official duties; (ii) any person whose discharge of a
firearm is justifiable or excusable at law in the protection of life or property;
(iii) the discharge, on land zoned for agricultural use, of a firearm for the
killing of deer pursuant to Section 29.1-529 of the Code of Virginia (1950,
as amended); (iv) the discharge of a firearm that is otherwise specifically
authorized by law; (v) the discharge of black powder firearms using blanks
as part of historical re-enactments, historical living history programs and
historical demonstrations; (vi) the discharge of starter blank weapons to
initiate athletic competitions; or (vii) ceremonial and patriotic displays. (2-
21-08.)
For state law as to authority of the County to
32
regulate the discharge of firearms, see Code of Va., §§ 15.2-1209, 18.2-280
and 29.1-527
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 staff be directed to bring back a revision
to the Board to Section 12.11, Hunting Near Public Schools or Parks, to
include the schools in the Hardy District and authorize a public hearing for
the Board?s October 16, 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.
Chairman Clark called for a public hearing on the following:
J. Renewal of the Agricultural Lease for the Johnson Farm.
Chairman Clark called for persons to speak in favor of or in
opposition to the proposed renewal of the lease agreement.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Fifth Amendment of the Lease Agreement with Matthew J.
Johnson. 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.
//
At 7:45 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, Casteen, Clark and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
__________________________
Stan D. Clark, Chairman
______________________
Carey Mills Storm, Clerk
33
u~u~reu~ `~i~~I~ 'Q ~~S
~i~at~ `uzzo~S sI . ~a.z~~
•uot~ouz auk ~sui~~~e ~ui~on s~osiniadnS ou pug
`uot~vu~ auk ~o ~on~~ ui ~ui~on ~q~i,z~ pine ~la~i~ `uaa~s~~ `nleusp~ag `unnoag
s.~os~naadnS ~j~inn (p-~} ~v aeon ~ ~q pa~dop~ s~nn uot~ou~ ar~Z •~ui~.aauz
sit uznofp~ p~~og aye ~~u~ panou~ nn~uspuag aosinaadnS `°uz°d Str~L ~~'
11
•p.z~eog aye ~cua.z~ s~.uau~u~oa
.~o~ pafjea pug ~uta~ay aijgnd auk. pasa~a ~,rej~ u~u~.zt~~i~
°a~ods pug paa~add~ auo o~
•~uauzaa.z~~ as~aj auk ~o j~nnaua.~ pasado,~d auk o~ uo~~isoddo
ui xo ~o aan~~ u~ ~~ads o~ suosaad .zoo pajj~a ~I~~i~ u~u.~i~u~
•urz~3 uosugo f au~..~o~ as~aZ I~an~inaia~~ auz ~o j~m.aua~ • f