02-19-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF FEBRUARY IN
THE YEAR TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark
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 Brown called the meeting to order at 6:00 p.m.
Supervisor Bradshaw delivered the invocation.
The Pledge of Allegiance was conducted by Junior Girl Scout Troop
989 of Smithfield.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under Public Hearings, delete items A, B and C and move
documents pertaining to same to the County Attorney's report; under the
County Attorney's report, add consideration of the Resolution to Accept and
Appropriate Grant Funds from the Virginia Department of Agriculture and
Consumer Services for the Purchase of Development Rights; and, under
County Attorney's report, add four (4) closed meeting items.
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.
Chairman Brown called for Special Presentations /Appearances.
Zachery Gaskins was recognized for achieving the rank of Eagle Scout.
1
Supervisor Clark moved that the Board adopt the following Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
ZACHERY GASKINS
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Zachery Gaskins is a member of Boy Scouts of America,
Troop #37 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Gaskins has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Gaskins for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Zachery
Gaskins is recognized and congratulated for achieving the rank of Eagle
Scout.
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.
Herb DeGroft, on behalf of Senior Services of Southeastern Virginia,
addressed the Board concerning the needs of senior citizens with respect to
the need for in -home nursing care.
Peggy Miller, Nursing Supervisor with the Isle of Wight County Health
Department, requested that the Board give consideration to funding a senior
nurse position.
Judy Begland, Chair of the Chamber of Commerce, addressed the
Board regarding an historic district initiative geared at addressing the
economic downturn of business interests along Main Street in Smithfield.
She advised that she, as Director of Workforce Development, is ready to
work with the companies that have closed or laid off employees. She further
advised that additional Federal funding is anticipated from the President's
stimulus package that will provide the funds needed to work with these
dislocated workers and provide additional training dollars for individuals that
require retraining.
Supervisor Clark recommended that local labor be utilized when
developments that have been rezoned in the northern end of the County come
on line.
Steve Jenkins, Chief of Operations/Isle of Wight County Public
Schools, addressed the Board with respect to anticipated reductions in State
2
funding and reductions in school personnel. He advised that the proposed
budget has been reduced from $64.8 million to $63.5 million and the
School's request to the County has been reduced by $750,000. He also
advised that the school's previous request for additional funds to replace the
roof at the Windsor Elementary School is being withdrawn and that only
minimal repairs will be made at this time. He advised concerning the Board's
inquiry if the damage has been filed with the school's insurance company,
the matter is being turned over to the School's Attorney, however, the time
limit to file a claim has since long expired.
/I
Chairman Brown called for Regional Reports.
Concerning the Coalition of High Growth Communities, Supervisor
Clark reported that the County will be unaffected by any of the Bills that
were under consideration by the General Assembly with respect to
development.
Chairman Brown advised that he would be receiving an overview of
the duties and responsibilities associated with serving on the Hampton Roads
Military & Federal Facilities Alliance.
Supervisor Clark reported that the Metropolitan Planning Organization
(MPO) continues to self analyze its relationship with the Federal Highway
Administration and efforts are continuing with respect to its restructuring so
that it can become more efficient. He advised that the MPO exists to qualify
for Federal Highway funding. He stated that the MPO attempts to maintain a
good relationship with the Federal Highway Administration, but they also
require that business be done in a certain way.
Supervisor Wright reported that Tourism staff has relocated to its new
facility.
Supervisor Casteen advised that the Tourism office will be having a
grand opening on Friday, March 13, 2009 at 4:00 p.m.
Chairman Brown reported that the Mayors and Chairs Caucus received
an update on the actions taken by the General Assembly at its most recent
meeting.
Chairman Brown reported that the Social Services budget was
approved in the amount of $4,252,031, of which there was a 14% increase in
Federal funding and a 20% decrease in the local amount. He advised that the
Board of Supervisors had previously directed him to discuss areas of
potential consolidation. He advised that to date, the monthly reporting of the
payroll is done in conjunction with the County and staff assists with the
Virginia Retirement System process for retirees. He advised that it has been
3
determined that it would be cumbersome for staff to combine the LASER and
LETS reporting systems. He advised that the Department of Social Services
is currently working in conjunction with the County with respect to fuel,
vehicle maintenance, paper and office supplies, postage, workers
compensation and building insurance.
Supervisor Bradshaw reported that the Governor has announced his
preliminary estimates at the most recent meeting of the VACo Board of
Directors with respect to the budget and that there is another $8 million
shortfall that needs to be addressed. He commented that there is $400 million
in the current budget and over $400 million in next year's budget. He
advised that the Governor is looking at the economic stimulus package from
the Federal government to offset the majority of the shortfall.
Regarding the Southeastern Public Service Authority, Supervisor Clark
reported that Paul Fraim has called for a meeting of the Mayors and Chairs,
the CAO's and the County Attorneys for tomorrow morning. He advised that
he and County Attorney Burton have persuaded Mr. Don Williams, Chair of
the SPSA Board of Directors, to call an emergency meeting of the SPSA
Board on Monday, February 23, 2009.
Supervisor Bradshaw commented that the County has taken the
position and informed the Executive Director of the Virginia Resources
Authority, the bond holder of SPSA's debt, that the County is committed to
fulfilling its debt and obligations based on its proportionate share. He
advised that the Governor had sent a letter to all the Mayors and Chairs of the
other participating jurisdictions that if their obligation to fund the debt was
not upheld and SPSA goes into bankruptcy then their State funding would be
reduced drastically.
1/
At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
//
Chairman Brown called for a public hearing on the following:
A. The application of the Isle of Wight County Board of
Supervisors, owner, and Powell Management Associates,
applicant, for a Conditional Use Permit to allow for a 155 -foot
tall elevated water tank on approximately two (2) acres of land
located at 17090 Monument Circle, in the Windsor Election
District.
4
Matthew Smolnik, Planner, presented the application.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman Brown called for citizens to speak in favor of or in
opposition to the application.
Bruce A. Bruchey, Powell Management Associates, representing the
County, appeared and spoke in favor.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the application be approved as
conditioned by the Planning Commission. 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 Brown called for a public hearing on the following:
B. The application of John W. Crocker, John W. Crocker, III and
Elizabeth L. Crocker, owners, for a change in zoning
classification from Rural Agricultural Conservation (RAC) to
Conditional -Rural Residential (C -RR) of approximately one (1)
acre of land located at 16094 Strawberry Plains Road (Rt. 681),
in the Carrsville Election District. The purpose of the application
is for one (1) single - family residential lot, as conditioned.
Beverly H. Walkup, Director of Planning and Zoning, presented the
application. She advised that the applicant has offered a full proffer in the
amount of $11,189 for the new lot and conditioned the lot to prohibit further
subdivision. She further advised that the rezoning request also includes a
waiver from Section 4 -3004, which requires that the first two (2) lots be
located on a private shared driveway that serve no more than two (2)
residences with no road frontage on a public road. She stated that the lot is
an existing residence with an existing driveway.
Chairman Brown called for citizens to speak in favor of or in
opposition to the application.
William Riddick, Attorney representing the applicant, advised that the
applicant, who has inherited the property, already has a home, but would like
to see the house restored so they are requesting the rezoning in order that the
house can be sold separate from the farm.
5
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the application be approved as
conditioned. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw further moved that the waiver request to Section
4 -3004 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 Bradshaw called for a public hearing on the following:
C. The application of Maurice A. and Judith S. Rhodes, owners, and
Timothy R. and Shannon G. Woodland, applicants, for a change
in zoning classification from Rural Agricultural Conservation
(RAC) to Conditional -Rural Residential (C -RR) of
approximately ten (10) acres of land located at 7124 Joyner's
Bridge Road (Rt. 611), in the Carrsville Election District. The
purpose of the application is for one (1) single- family residential
lot, as conditioned.
Ms. Walkup presented the application. She advised that the applicant
has proffered the full cash proffer amount of $11,189 and has conditioned the
lot to prohibit further subdivision. She further advised that the rezoning
request also includes a waiver request from Section 4 -3004 because it is an
existing lot with an existing driveway.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman Brown called for citizens to speak in favor of or in
opposition to the application.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the application be approved as
conditioned. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw further moved that the waiver request to Section
4 -3004 be approved. The motion was adopted by a vote of (5 -0) with
6
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Brown called for a public hearing on the following:
D. An ordinance to amend and reenact the following section of
Appendix B, Zoning: Supplemental Use Regulations for
Miscellaneous Use Types, Section 5- 5007.D (Communication
Tower and Associated Substation) to required that Conditional
Use Permit applications for new communication towers include
written information addressing emergency preparedness planning
for the site (5- 5007.D.9.f) and to include emergency preparedness
as part of the application evaluation criteria (5- 5007.D.I 0.m).
Jamie Oliver, Planning and Zoning, presented the application.
Chairman Brown called for citizens to speak in favor of or in
opposition to the application.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following ordinance amendment
be approved as presented:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING APPENDIX B, ZONING,
ARTICLE V. SUPPLMENETAL USE REGULATIONS,
SECTION 5 -5007 SUPPLEMENTAL USE REGULATIONS FOR
MISCELLANEOUS USE TYPES.
WHEREAS, the Isle of Wight County Board of Supervisors has the
legislative authority to make reasonable changes to the ordinances that
govern the orderly growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about protecting the public health, safety, and welfare of present
and future residents and businesses in the County by ensuring the stability of
emergency communication networks in the event of a natural or man -made
disaster;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article V, Supplemental Use
Regulations, Section 5 -5007 Supplemental Use Regulations for
7
Miscellaneous Use Types of the Isle of Wight County Code be amended and
reenacted as follows:
5-5007 Supplementary Use Regulations for Miscellaneous Use Types
A. Alternative Discharge Sewage Disposal System
General Description
The existence of untreated septic /sewage poses a clear and
documented risk to public health and safety. The following
provisions are intended to permit by conditional use permit the
replacement of a failed septic system or other approved method
of sewage disposal on property which contains a single- family
residence constructed prior to the date of this ordinance and
where no other alternative for sewage disposal exists. These
systems are not considered by Isle of Wight County to be a
proven nor acceptable technology for general application or new
construction since they conflict with the growth management and
resource protection policies contained in the County's
Comprehensive Plan and other County ordinances. However,
these systems provide a more acceptable method of sewage
disposal than no sewage disposal at all for residences which pre-
existed this ordinance. (7 -1 -97)
1. Conditional application requirements and procedure
a. Formal application shall be made to the Virginia
Department of Health (VDH) in accordance with
Section 2.12 of the Virginia Department of Health
regulations. No application to Isle of Wight County
will be accepted until a formal application has been
submitted to and received by the Virginia Department
of Health (VDH). (7 -1 -97)
b. In addition to the application requirements and
procedures established in this ordinance, no
application for a conditional use permit shall be
considered until the following information is
provided:
i. A copy of the application form and material(s)
submitted to VDH; (7 -1 -97)
ii. Written documentation from VDH that all other
methods of sewage disposal permitted in
8
4. General standards
Virginia have been investigated and that the
alternative discharging sewage system is the
only remaining alternative for this improved
property; (7 -1 -97)
iii. Documentation supporting compliance with the
criteria contained in subsection (4)(a) of this
section; and (7 -1 -97)
iv. The tax map number, name and mailing address
of all property owners one thousand (1,000) feet
downstream of the proposed discharge point
along the fall line, based on the most recent real
estate books for Isle of Wight County, or other
municipality if appropriate. (7 -1 -97)
2. In addition to all other notice requirements contained in
this ordinance and otherwise required by law, all property
owners located one thousand (1,000) feet downstream from
the discharge point along the fall line shall be notified by
first class mail at least ten (10) days prior to the Planning
Commission's public hearing. The Zoning Administrator
shall be responsible for this notification. The applicant
shall be responsible for the cost of postage. (7 -1 -97)
3. Wherever possible, the review and consideration of a
request for a conditional use permit shall be coordinated
with the review procedures and requirements of VDH and
the Virginia Department of Environmental Quality,
Division of Water. (7 -1 -97)
a. All proposed alternative discharging sewage systems
shall comply with the regulations and requirements of
the Virginia Department of Environmental Quality,
Division of Water and the Virginia Department of
Health (VDH) pursuant to section 62.1 -44.2 et seq.
and section 32.1 -163 and 164 of the Code of Virginia,
respectively, as may be amended. The primary
regulations which govern the permitting and
installation of these systems are contained in the VDH
regulations titled "Alternative Discharging Sewage
Treatment System Regulations for Individual Single -
Family Dwellings (VR 355 -34- 400). "(7 -1 -97)
5. A request for a conditional use permit shall only be
considered when the following criteria is met:
9
a. The residence is located more than three hundred
(300) feet from an existing or proposed public sewer
line, or when three hundred (300) feet or less, is
otherwise unable to connect to public sewer due to
topography or other physical constraints, as
determined by the director of utilities; and (7 -1 -97)
b. The proposed alternative discharging sewage system
is solely for replacing a failed septic system or other
approved method of sewage disposal for a property
which contains a single - family residence constructed
prior to the effective date of this ordinance. (7 -1 -97)
c. All systems proposed for use in Isle of Wight County
shall be classified under Section 2.25 of the VDH
regulations as having either preliminary or general
approval for use in Virginia. Systems with
experimental approval shall be prohibited in Isle of
Wight County. (7 -1 -97)
d. In Isle of Wight County the location of the discharge
point shall be limited to a year -round stream as
defined in Section 3.2 of the VDH regulations, except
as allowed in subsection (b) (5) of this section. (7 -1-
97)
e. Use of an intermittent stream or dry ditch as the
discharge point may be permitted by the Board of
Supervisors under the following conditions:
i. The use of an intermittent stream or dry ditch is
included as a specific condition of the
conditional use permit; (7 -1 -97)
ii. Specific conditions are attached to the permit
pertaining to additional levels of treatment,
security of the discharge point, ownership of
the property or a perpetual easement for a
distance downstream from the discharge point,
and other criteria essential to protect the public
health and safety; and (7 -1 -97)
iii. None of the conditions attached to the permit
are less restrictive than the requirements
contained in Section 3.7 of the VDH
regulations unless specifically varied or
modified by VDH and incorporated into the
10
conditions of the conditional use permit. (7 -1-
97)
6. Prior to issuance of an operating permit by VDH, a notice
shall be recorded with the Clerk of the Circuit Court
advising future purchasers of the legal obligations
associated with the method of sewage disposal located on
the property. At a minimum, this shall include notice that
the approval must be re- permitted every five (5) years or
upon change of ownership as required by VDH regulations,
that a maintenance contract must remain in full force at all
times, that VDH shall have the right of access to the
property, and that the Health Department and Isle of Wight
County do not warrant in any way the continued
compliance with county, state and federal standards and
assumes no liability for the continued use of this
technology for sewage disposal. This document shall be
approved by the County Attorney's office prior to
recordation. (7 -1 -97)
7. A copy of all formal and informal testing results required
under Section 3.11 of the VDH regulations shall be
submitted to the County Health Department and the County
Department of Planning and Zoning, in addition to any
other agency or location required by law. (7 -1 -97)
8. Any conditional use permit approved by Isle of Wight
County shall run concurrently with the operating permit
approved by VDH. Upon expiration or revocation of the
operating permit, the conditional use permit shall also
expire or be revoked.
9. Requests to renew a permit of an existing system shall be
considered as though it were a separate and new request for
a conditional use permit and shall meet all of the
requirements of this ordinance. Recurring requests for a
permit due to repeated revocations of an operating permit
or failure to comply with the requirements of the VDH
regulations, including failure to maintain a current
maintenance contract at all times, may be sufficient
grounds for denial of a new conditional use permit by the
Board of Supervisors. (7 -1 -97)
10. Any violation of the VDH regulations for the construction,
operation and maintenance of an alternative discharging
sewage system shall be considered a violation of any
conditional use permit approved under this ordinance. (7 -1-
97)
11
11. Any variance or waiver approved by VDH shall not
automatically be binding on the Board of Supervisors in
considering or approving a conditional use permit. (9 -17-
98)
B. Amateur Radio Tower
1. The maximum height allowed shall be no greater than two
hundred (200) feet pursuant to Section 15.2- 22911 of the
Code of Virginia.
2. The following setback requirements shall apply to all
towers and antennas:
C. Aviation Facility
a. The tower must be set back from any off -site
residential structure no less than the full height of the
tower structure and height of any mounted antenna.
b. Towers, guys and accessory facilities must satisfy the
minimum setback requirements for primary
structures.
An aircraft landing area or airport may be permitted, provided:
1. A satisfactory airspace analysis by the Federal Aviation
Administration for operation under visual flight rules shall
be submitted with the use permit application. (7 -1 -97)
2. For fixed wing aircraft, a clear zone extending one
thousand (1,000) feet from the end of all runways shall be
secured through ownership or easement, but, in no case,
shall the end of a runway be closer than two hundred (200)
feet from any property line. (7 -1 -97)
3. For both fixed and rotary-wing aircraft, neither the landing
area nor any building, structure, or navigational aid shall be
located within four hundred (400) feet of any property line
adjacent to a residential district or use. (7 -1 -97)
4. Landing areas for rotary wing aircraft shall be designed to
comply with the Airport Design Guide of the Federal
Aviation Administration. (7 -1 -97)
12
D. Communication Tower (and Associated Substation)
I. General Description
The purpose of this section is to establish general
guidelines for the siting of towers and antennas. (7 -1 -97)
The goals of this section are to:
a. Encourage the location of towers in non - residential
areas and minimize the total number of towers and
tower sites throughout the community. (7 -1 -97)
b. Encourage strongly the joint use of new and existing
tower sites. (7 -1 -97)
c. Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the
adverse impact on the community is minimal. (7 -1-
97)
d. Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual
impact of the towers and antennas. (7 -1 -97)
e. To provide adequate sites for the provision of
telecommunication services with minimal negative
impact on the resources of the county. (7 -1 -97)
This section is intended to comply with all federal and state
regulations.
2. Applicability
This section shall not govern any tower, or the installation
of any antenna, that is:
a. Under fifty (50) feet in height; (7 -1 -97)
b. Owned and operated by a federally - licensed amateur
radio station operator; or (7 -1 -97)
c. Used exclusively for receive only antennas for
amateur radio station operation. (7 -1 -97)
3. Existing structures and towers
13
The placement of an antenna on or in an existing structure
such as a building, sign, light pole, water tank, or other
free - standing structure or existing tower or pole shall be
permitted so long as the addition of said antenna shall not
add more than twenty (20) feet in height to said structure or
tower and shall not require additional lighting pursuant to
FAA (Federal Aviation Administration) or other applicable
requirements. (7 -1 -97)
Such permitted use also may include the placement of
additional buildings or other supporting equipment used in
connection with said antenna so long as such building or
equipment is placed within the existing structure or
property and is necessary for such use. The following shall
be required of any proposed antenna or "co- location ":
All utilities required will be placed beneath the surface of
the ground.
2. Commercial wireless service co- locations shall not include
facilities for transmitting or receiving signals by
governmental agencies.
3. All co- locations must be in compliance with Federal
Communication Commission (FCC) standards for non -
ionizing electromagnetic emissions.
In addition, a non - ionizing electromagnetic radiation
(NIER) report shall be required for any proposed co-
location if an impact analysis for that co- location port was
not included within the NIER report submitted at the tower
approval stage.
4. General guidelines and requirements
a. Must consider County owned locations first in
considering new builds
b. Must agree up front to escrow or payment in lieu of
escrow.
c. Principal or accessory use
i. For purposes of determining compliance with
area requirements, antennas and towers may be
considered either principal or accessory uses.
(7 -1 -97)
14
ii. An existing use or an existing structure on the
same lot shall not preclude the installation of
antennas or towers on such lot. (7 -1 -97)
iii. For purposes of determining whether the
installation of a tower or antenna complies with
district regulations, the dimensions of the entire
lot shall control, even though the antennas or
towers may be located on leased area within
such lots. (7 -1 -97)
iv. Towers that are constructed, and antennas that
are installed, in accordance with the provisions
of this section shall not be deemed to constitute
the expansion of a nonconforming use or
structure. (7 -1 -97)
5. Inventory of existing sites
Each applicant for an antenna and or tower shall provide to
the Department of Planning and Zoning an inventory of its
existing facilities that are either within the locality or
within five (5) miles of the border thereof, including
specific information about the location, height, and existing
use and available capacity of each tower. (7 -1 -97)
The Department of Planning and Zoning may share such
information with other applicants applying for approvals or
conditional use permits under this section or other
organizations seeking to locate antennas within the
jurisdiction of the locality, provided, however that
Department of Planning and Zoning shall not, by sharing
such information, in any way represent or warrant that such
sites are available or suitable. (7 -1 -97)
6. Design and lighting requirements
The requirements set forth in this section shall govern the
location of all owners and the installation of all antennas
governed by this section; provided, however, that the Board
of Supervisors may waive any of these requirements if it
determines that the goals of this section are better served
thereby (7- 1 -97).
a. Towers shall either maintain a galvanized steel finish
or subject to any applicable standards of the FAA
(Federation Aviation Administration), be painted a
neutral color, so as to reduce visual obtrusiveness.
15
Dish antennas will be of a neutral, non - reflective
color with no logos. (7 -1 -97)
b. At a facility site, the design of the buildings and
related structures shall, to the extent possible, use
materials, colors, textures, screening, and landscaping
that will blend the tower facilities to the natural
setting and surrounding structures. (7 -1 -97)
c. If an antenna is installed on a structure other than a
tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that
is identical to, or closely compatible with, the color
of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as
possible. (7 -1 -97)
d. Towers shall not be artificially lighted, unless
required by the FAA (Federal Aviation
Administration) or other applicable authority. If
lighting is required, the Board of Supervisors may
review the available lighting alternatives and approve
the design that would cause the least disturbance to
the surrounding views. (7 -1 -97)
e. No advertising of any type may be placed on the
tower or accompanying facility unless as part of
retrofitting an existing sign structure. (7 -1 -97)
f. To permit co- location, the tower may be required to
be designed and constructed to permit extensions. (7-
1 -97)
7. Federal requirements
All towers must meet or exceed current standards and
regulations of the Federal Aviation Administration (FAA),
the Federal Communications Commission (FCC), and any
other agency of the federal government with the authority
to regulate towers and antennas. In addition, the tower
owner shall implement U.S. Fish and Wildlife Service
procedures for communication tower construction,
operation, and decommissioning to protect endangered
night- migrating birds under the Migratory Bird Treaty Act,
Endangered Species Act, and Bald and Golden Eagle Act.
8. Building codes
16
To ensure the structural integrity of towers, the owner of a
tower shall ensure that it is maintained in compliance with
standards contained in applicable federal, state and local
building codes and regulations. (7 -1 -97)
9. Information required for conditional use permit
Each applicant requesting a conditional use permit under
this section shall submit a scaled plan and a scaled
elevation view and other supporting drawings, calculations,
and other documentation, signed and sealed by appropriate
licensed professionals, showing the location and
dimensions of all improvements, including information
concerning topography, radio frequency coverage, tower
height requirements, setbacks, drives, parking, fencing,
landscaping and adjacent uses. The county may require
other information to be necessary to assess compliance
with this section. Additionally, the applicant shall:
1. Provide actual photographs of the site from all
geographic directions (North, South, East, and West) and
from any additional vantage point specified by the Zoning
Administrator, and;
2. Erect a temporary structural marker of fluorescent color,
not less than ten feet in height and 2 feet in diameter, to
mark the base of the proposed tower on the site.
The photographs shall contain a simulated photographic
image of the proposed tower and include the foreground,
the mid - ground, and the background of the site. The
structural marker shall be erected at the time of application
and removed within ten (10) days after the final public
hearing for the proposed conditional use permit request.
The objective of the photograph simulations and structural
marker shall be to provide a vertical representation of the
structure for survey of the visual impacts the tower will
have from significant highway corridors, residential
properties, and historic /significant areas.
In addition to the above required information, the applicant
shall also submit the following:
a. An engineering report from a qualified radio -
frequency engineer that is sealed and signed and
specifies the height above grade for all potential
mounting positions for co- location antennae and the
minimum required separation distances between
antennae to ensure no frequency interference.
17
b. An engineering report from a qualified structural
engineer that is sealed and signed, and supports the
proposed vertical design separation of antennae and
includes the following:
1. The tower height and design including cross -
section and elevation.
2. Structural mounting designs and materials list.
3. Certification that the proposed tower is
compatible for co- location with a minimum of
six (6) users (including the primary user) at the
heights proposed and specification on the type
of antennae that the tower can accommodate.
c. The applicant shall provide copies of its co- location
policy.
d. The applicant shall provide copies of propagation
maps demonstrating that antennas and sites for
possible co- locator antennae are no higher in
elevation than necessary.
e. The personal communications service carrier shall be
a co- applicant for all applications.
f. For the purpose of determining the tower's suitability
for use in the case of a local, state, or national
emergency, the applicant shall provide written
information specifying what measures will be
provided to accomplish continued communications
operations in the event of power outages caused by a
man -made or natural disaster, i.e. backup generators,
etc.
10. Factors considered in granting conditional use permits for
new towers
The Board of Supervisors of Isle of Wight County shall
consider the following factors in determining whether to
issue a conditional use permit for new towers. The Board of
Supervisors may waive or reduce the burden on the
applicant of one (1) or more of these criteria if the Board of
Supervisors concludes that the goals of this section are
better served thereby:
18
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and
residential district boundaries;
c. Nature of the uses of adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to
design characteristics that have the effect of reducing
or eliminating visual obtrusiveness;
g. Proposed ingress and egress;
h. Co- location policy;
i. Language of the lease agreement dealing with co-
location;
J.
Consistency with the Comprehensive Plan and the
purposes to be served by zoning;
k. Availability of suitable existing towers and other
structures as discussed below; and
1. Proximity to commercial or private airports.
m. Level of emergency preparedness for the individual
site and contribution to the County -wide emergency
response plan.
11. Availability of suitable existing towers or other structures
No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the Board of
Supervisors of Isle of Wight County that no existing tower
or structure can accommodate the applicant's proposed
antenna. Evidence submitted should consist of the
following:
a. No existing towers or structures are located within
the geographic area required to meet applicant's
engineering requirements;
19
b. Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements;
c. Existing towers or structures do not have sufficient
structural strength to support applicant's proposed
antenna and related equipment, and can not be
retrofitted to accommodate additional users;
d. The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the
existing towers or structures, or the antenna on the
existing towers or structures would cause interference
with the applicant's proposed antenna;
e. The fees, costs, or contractual provisions required by
the owner in order to share an existing tower or
structure or to adapt an existing tower or structure for
sharing are unreasonable. Costs exceeding tower or
structure for sharing are unreasonable; and
f. The applicant demonstrates that there are other
limiting factors that render existing towers and
structures unsuitable.
12. Setbacks
The following setback requirements shall apply to all
towers and antennas for which a conditional use permit is
required; provided, however, that the Board of Supervisors
of Isle of Wight County may reduce the standard setback
requirements if the goals of this section would be better
served thereby.
a. The tower must be set back from any off-site
residential structure no less than four hundred (400)
feet.
b. A setback of one foot horizontally for each foot in
height shall be provided from the base of the tower
structure to any adjoining property line (other than
the property of the leasor).
c. Towers, guys and accessory facilities must satisfy the
minimum zoning district setback requirements for
primary structures.
13. Security fencing
20
Towers shall be enclosed by security fencing not less than
six (6) feet in height and shall also be equipped with an
appropriate anti - climbing devise; provided, however, that
the Board of Supervisors of Isle of Wight County may
waive such requirements, as it deems appropriate.
14. Landscaping
The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is
required; provided, however, that the Board of Supervisors
of Isle of Wight County may waive such requirements if
the goals of this section would be better served thereby.
a. Tower facilities shall be landscaped with a buffer of
plant materials that effectively screen the view of the
support buildings from adjacent property. The
standard buffer shall consist of a landscaped strip at
least four (4) feet wide outside the perimeter of the
facilities.
b. In locations in which the Board of Supervisors of Isle
of Wight County finds that the visual impact of the
tower would be minimal, the landscaping
requirement may be reduced or waived altogether.
c. Existing mature tree growth and natural landforms on
the site shall be preserved to the maximum extent
possible. In some cases, such as towers sited on
large, wooded lots, the Board of Supervisors of Isle
of Wight County may determine the natural growth
around the property perimeter may be sufficient
buffer.
d. Existing trees within the lesser of two hundred (200)
feet or the area controlled by the applicant/owner
shall not be removed except as may be authorized to
permit construction of the tower and installation of
access for vehicle utilities.
15. Local government access
Owners of towers shall provide the county a right of first
refusal for co- location opportunities as a community
benefit to improve radio communication for county
departments and emergency services, provided it does not
conflict with the co- location requirement of subsection
(9)(a) of this section.
21
16. Removal of abandoned antennas and towers
Any antenna or tower that is not operated for a continuous
period of twenty-four (24) months shall be considered
abandoned, and the owner of each such antenna or tower
shall remove same within ninety (90) days of receipt of
notice from the County notifying the owner of such
removal equipment requirement. Removal includes the
removal of the tower, all tower and fence footers,
underground cables and support buildings to a minimum
depth of three (3) feet. If there are two (2) or more users of
a single tower, then this provision shall not become
effective until all users cease using the tower. At the
discretion of the county, a surety bond in a form acceptable
to the County Attorney may be required to insure that the
funds necessary for removal are available to the county in
the event the structure is abandoned.
17. Required yearly report
The owner of each such antenna or tower shall submit a
report to the Board of Supervisors of Isle of Wight County
once a year, no later than July 1. The report shall state the
current user status of the tower.
18. Review fees
E. Reconstructed Wetland
Intent
Any out of pocket costs incurred for review by a licensed
engineer of any of the above - required information shall be
paid by the applicant. (7 -1 -97; 2- 17 -00; 6- 15 -00.)
The purpose of requiring a conditional use permit is to ensure
consistency with the Comprehensive Plan and appropriate land
use. Reconstructed wetlands, once permitted by state and federal
agencies, become a permanent long term land use that is
expensive and difficult to re- permit if it is poorly placed on the
landscape. Such facilities should therefore be evaluated in
relationship to the long range plans of the County. Issues related
to the technical design, feasibility, etc., shall remain the
jurisdiction of the Army Corps of Engineers and the Department
of Environmental Quality and shall not be a consideration in
evaluating the Conditional Use Permit request...
22
/1
F. Shooting Range, Outdoor
1. General standards:
a. The site or area used as a shooting range or match shall be
fenced, posted every 50 feet or otherwise restricted so that
access to the site is controlled to insure the safety of
patrons, spectators and the public at large.
b. The County Sheriff shall review and make
recommendations for the design and layout of any shooting
range or match as to its safety to patrons of the range as
well as surrounding property owners. As a general guide
line, the following distances shall be maintained unless
modified in writing by the County Sheriff:
i. The minimum distance from any firing point
measured in the direction of fire to the nearest
property line shall not be less than 300 feet;
ii. Where a backstop is utilized to absorb the discharged
load, the minimum distance may be 200 feet; and,
iii. No firing point shall be located within 100 feet of an
adjoining property line.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board revert back to the regular
order of the agenda and continue with Regional Reports. 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 Brown called for the continuation of Regional Reports.
Supervisor Wright reported that the shortfall in State funding was
discussed with respect to the Western Tidewater Regional Jail's budget.
Chairman Brown reported that the release of non - violent criminals by
use of electronic bracelets will cut down on manpower and free up needed
space at the Jail facility. He advised that the Central and Eastern State
facilities are being closed and those individuals will be transferred to the jail
facility where they will be segregated from other inmates.
23
Supervisor Bradshaw reported that the Finance Committee discussed
the County's financial condition with respect to the budget and the current
economic downturn.
Supervisor Bradshaw moved that staff be directed to analyze a solid
waste household disposal fee for the County, to include the two (2) Towns,
and return to the Board with a report. The County Administrator is directed
to meet with the Town Managers to explain the process of the County's solid
waste household disposal fee. 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.
Gerald H. Gwaltney, Commissioner of the Revenue, reported that his
office has been monitoring the financial impact of the changing economy
over the last seven (7) months. He advised that he discusses issues and
exchanges information with the Director of Budget and Finance on a weekly
basis. He advised that he also keeps the Finance Committee informed so that
it can keep the Board apprised of the most current information so that it can
be proactive.
Supervisor Bradshaw reported that the County Administrator had
reported to the Board last fall regarding a cost savings program that he had
instituted. He advised that there are ten (10) vacant positions that have not
been filled. He advised that the Board is staying apprised of the economic
downturn and financial consultants are reviewing the County's finances on a
regular basis.
Chairman Brown notified those in attendance that the County recently
received a second place award for the Safeco project and a bronze award for
the Sentara project from HRACRE.
1/
Chairman Brown called for Transportation Matters.
Kristin M. Mazur, County Engineer, presented a Resolution of the
Board of Supervisors of Isle of Wight County Abandoning Route 1608
(Piney Grove Street) for the Board's consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, ABANDONING ROUTE 1608 (PINEY GROVE STREET)
WHEREAS, following the request of an abutting land owner, a public
notice was posted at the County Courthouse and advertised for two (2)
consecutive weeks in a newspaper of general circulation, advising the general
24
public of the Board of Supervisors' intent to abandon Route 1608, as
described below, and as prescribed under Section 33.1 -151 of the Code of
Virginia (1950, as amended); and
WHEREAS, all adjoining or affected property owners were advised by
mail of the Board's intent to abandon the subject section of road; and
WHEREAS, no written request for a public hearing was presented to
the County within the thirty (30) days that followed the public announcement
and no public hearing was therefore required or held; and
WHEREAS, the Commissioner of the Virginia Department of
Transportation was provided the prescribed notice of this Board's intent to
abandon the subject section of road and expressed no opposition to the
proposed abandonment; and
WHEREAS, this Board is satisfied that all landowners currently served
by the road will not be deprived of access to their property as a result of this
road being abandoned; and
WHEREAS, after considering all evidence available, this Board is
satisfied that no public necessity exists for the continuance of State Route
1608 in its entirety northeast of Route 1606, a distance of 0.13 miles, and
hereby deems that section of road is no longer necessary as part of the
secondary system of State highways.
NOW, THEREFORE, BE IT RESOLVED, this Board abandons the
above described section of road and removes it from the Secondary System
of State Highways, pursuant to Section 33.1 -151 of the Code of Virginia
(1950, as amended); and
BE IT FURTHER RESOLVED, this Board officially requests the
Virginia Department of Transportation Commissioner to determine that there
is no further transportation need for the right of way currently occupied by
the proposed abandoned portion of State Route 1608; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Commissioner of the Virginia Department of
Transportation.
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.
Under the Transportation Report/Updated Spreadsheet, MacFarland
Neblett, Waverly Residency Administrator, was requested by Supervisor
Bradshaw to address how the County can begin to go about applying for
25
Economic Stimulus funding since the roads in the County are not owned by
the County.
Mr. Neblett advised that Routes 620 and 603 are eligible for Federal
funding and that he hopes that stimulus funds will be available so that VDOT
can proceed with those two (2) projects. With respect to Poor House Road
and Muddy Cross Road, Mr. Neblett advised that he needed to check if
stimulus funds can be used on roads that do not qualify for Federal funding.
Supervisor Bradshaw moved that, relative to the economic stimulus
funding, the VDOT Residency Administrator be directed to apply for all of
the projects in the Six -Year Plan, including the unpaved secondary roads and
the two (2) projects listed on Route 460 drainage and Route 10 drainage. 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.
Mike Corwin, Regional Traffic Operations Engineer, VDOT, requested
that the County's priority list be forwarded to him regarding those traffic
signals that have a protective left turn being changed to a permissive left turn.
Supervisor Clark requested that the areas in Carrollton and Smithfield
with protective left turns be investigated.
Mr. Corwin advised Supervisor Clark that with respect to his previous
inquiry for a crosswalk on Route 17 at Eagle Harbor, there are no existing
curb cuts to satisfy the requirement for ADA compliance and having a
crosswalk would cause delays in the signal timings.
Ms. Mazur advised the Board that the cost estimate to relocate the pole
on Yellow Rock Lane is $5,300 and that staff is investigating other existing
line items in the General Services budget that have leftover funding which
could be utilized for this project.
Supervisor Clark moved that staff be directed to find the $5,300 to
complete the project from existing line items that have leftover funding 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.
Chairman Brown inquired about traffic calming devices on Routes 10
and 666.
Ms. Mazur advised that staff would research and report back to the
Board on the best type of traffic calming device for those locations.
26
Supervisor Clark requested that VDOT consider three (3) way stops in
place of traffic signals which provides a traffic calming effort, but does not
bear the cost of a signal light.
Ms. Mazur advised that VDOT is now considering roundabouts and
other alternative options than signals in the Countywide Transportation Plan.
1/
Chairman Brown moved that the Board take a recess. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
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. Neblett reported that the contractor is anticipated to begin work on
the James River stop gate project next week with a completion date of May
2009. He advised that the variable message signs are not included in this
project.
Mr. Neblett reported on a proposed VDOT residency consolidation
plan which was presented at the most recent meeting of the Commonwealth
Transportation Board. He advised that, following a public hearing, the
County would now be served by the Franklin residency with implementation
of the plan proposed for the winter months of 2010.
Ed Easter, Hideaway Lane, advised the Board that he would be meeting
with Attorney Riddick to discuss what needs to be corrected in the Yellow
Rock Lane deed.
Mr. Stowe, Halltown Road, requested that Halltown Road be placed on
the list of roads to be paved.
Supervisor Bradshaw requested that Ms. Mazur contact Mr. Stowe with
respect to his request for maintenance of Halltown road.
Chairman Brown called for Citizens Comments.
Mike Luter requested that the Board reconsider its motion at its January
22, 2009 meeting to approve the American K -9 Interdiction, LLC,
27
application for a Special Use Permit for a dog kennel to accommodate the
boarding and training of 200 dogs on approximately 32 acres of land.
Supervisor Clark moved that Mr. Luter's request be deferred until later
in the meeting under Old Business. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Joe King, Carrollton Auto Parts, advised the Board that his business
remains closed due to certain code violations. He advised that the Code of
Virginia is being incorrectly interpreted by staff and he has been out of work
for the last year and a half as a result. He commented that the 250 jobs that
could be created from the opening of his business would help offset some of
the current layoffs that have occurred as a result of the downturn of the
economy. He advised that he has installed the required six (6) foot fence
even though he is the only junkyard in the nation with such a fence. He
advised that he has owned the business for 25 years; he wants to go to work;
he has the capability of creating plenty of jobs; and, none of this is happening
yet.
Pete Green, Mill Creek Farm Subdivision, relayed the concerns of his
neighbors with respect to the County's recent purchase of property, which is
at a time that the school system is considering a decrease in personnel; the
Sheriff's office is unable to purchase new vehicles and equipment;
International Paper is reducing its working operation; Franklin Equipment
Company has closed; and, Smithfield Foods is rearranging its operation and
laying off employees. He commented with the downturn of the economy,
citizens are concerned about how the intermodal park will be affected in
Windsor. He remarked that it is very probable that three (3) of the seven (7)
restaurants in Windsor will be closed by June of 2009. He voiced a concern
about the decline in the number of building permits and commented that 80%
of the homes listed for sale in real estate magazines are beyond the reach of
average annual income of Tidewater residents. He advised that he does not
agree with the citizen who is submitting a petition to call for a tax referendum
to set the tax rate and real estate assessments at the 2006 level with a 20%
reduction in real estate taxes across the board for a period of three (3) years
and that he would be inviting Supervisors Bradshaw and Wright to the next
neighborhood picnic in May of 2009 to hear his neighbors' concerns in
person.
Mary Connell requested that the Board donate $5,500 to assist with the
implementation of the feral cat ordinance which was previously adopted by
the Board.
Herb DeGroft, Mill Swamp Road, encouraged the Board to meet jointly
with the School Board to discuss the consolidation of services between the
Schools and the County.
28
II
Supervisor Clark addressed the Board's recent purchase of properties
stating that the Board has the opportunity to do great things for the short and
long -term by being prepared to take advantage of the expansion of the rails
and ports for the transportation of containers. He stated that the Board has
been on this course for several years and, if successful, both the County and
the City of Suffolk will benefit greatly by a large intermodal opportunity. He
commented that someone had the foresight twenty (20) years ago to purchase
the Shirley T. Holland Commerce Park and the decision was probably
unpopular then, but the County has benefited from that foresight. He stated
that the properties purchased by the County are the County's future. He
stated that some of the other businesses in the County may or may not
revitalize and the Board needs to be prepared to have other means as a tax
base. He welcomed the opportunity to speak to any group concerned about
the County's purchase of properties for the intermodal facilities.
Supervisor Wright remarked that the purchase of the last two (2)
properties on Route 258 would provide the necessary access to the
intermodal park. He advised that all properties that have been purchased by
the County were done so at the appraised value and that some of the money
received from the properties that were sold by the County had been
reinvested in the intermodal park. He commented that bringing more
businesses into the County will help the tax base and keep a low tax rate in
the County.
Supervisor Bradshaw remarked that the purchase of land for an
intermodal park has been a long -term strategy of the Board for over ten (10)
years. He stated that due to planning efforts on the part of the Board, the
funds placed in reserve for the acquisition of land does not impact the
County's tax rate or the future financial bond rating of the County.
/1
1/
Chairman Brown called for Board comments.
Chairman Brown announced that the County had recently been
awarded second place for the Safeco project and had received the bronze
award for the Sentara project.
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton presented a contract between Isle of
Wight County and Virginia Department of Agriculture and Consumer
Services to accept an award of $49,900. He advised that he has approved the
contract and is requesting that the Board authorize the Chairman to sign it on
29
behalf of the Board. He stated for further consideration is a resolution
appropriating the funds, which he would request that the Board approve.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the contract between Isle of Wight County and Virginia Department
of Agriculture and Consumer Services 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.
Supervisor Bradshaw further moved that the following Resolution be
adopted, as presented by the County Attorney:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS
FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES FOR THE PURCHASE OF DEVELOPMENT
RIGHTS
WHEREAS, the Board of Supervisors of Isle of Wight County has
received notice of award by the Virginia Department of Agriculture and
Consumer Services for the purchase of development rights; and,
WHEREAS, the grant funds in the amount of forty nine thousand nine
hundred dollars ($49,900), or so much as shall be received from the Virginia
Department of Agriculture and Consumer Services needs to be accepted and
appropriated to the FY 2008 -09 Operating and Capital Budget of the County
of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight that grant funds in the
amount of forty nine thousand nine hundred dollars ($49,900), or so much as
shall be received from the Virginia Department of Agriculture and Consumer
Services be appropriated to the appropriate line item in the FY 2008 -09
Operating and Capital Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton presented the Historical Architectural
Review Committee By -laws, which he recommends the Board approve and
authorize the Chairman to execute on behalf of the Board.
30
Supervisor Clark moved that the Chairman be authorized to execute the
By -laws on behalf of the Board. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested that his office be authorized
to advertise a proposed revision to Chapter 16.2 Weapons for the purchase of
handguns by law enforcement officers for $1 for public hearing at the
Board's March 19, 2009 meeting.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise the proposed revision for public hearing at the
Board's March 19, 2009 meeting. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested that the Board authorize his
office to advertise the Deed of Bargain and Sale from Mr. and Mrs. Whitley
for conveyance to the County's Industrial Development Authority for the
intermodal park for public hearing at the Board's March 19, 2009 meeting.
Supervisor Wright moved that the Interim County Attorney's office be
authorized to advertise the Deed of Bargain and Sale pertaining to the
Whitley property for public hearing at the Board's March 19, 2009 meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton requested that the Board authorize his
office to advertise the Deed of Bargain and Sale from Mrs. Hughes for the
transfer of property to the County's for the intermodal park for public hearing
at the Board's March 19, 2009 meeting.
Supervisor Wright moved that the Interim County Attorney's office be
authorized to advertise the Deed of Bargain and Sale pertaining to the
Hughes property for public hearing at the Board's March 19, 2009 meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton presented a Resolution to Authorize
the Establishment of Medical Transportation Services in Isle of Wight
County, Virginia by American Lifeline Medical Transport, Inc. for the
Board's consideration. He advised that the resolution is required for proper
Iicensing by the Virginia Department of Health which he recommends the
Board authorize the Chairman to sign on behalf of the Board.
Supervisor Wright moved that the following Resolution be adopted:
31
RESOLUTION TO AUTHORIZE THE ESTABLISHMENT
OF MEDICAL TRANSPORTATION SERVICES IN
ISLE OF WIGHT COUNTY, VIRGINIA
BY AMERICAN LIFELINE MEDICAL TRANSPORT, INC.
WHEREAS, Section 15.2 -955 of the Code of Virginia (1950, as
amended) prohibits the establishment of an emergency medical services
organization without the prior approval of the governing body; and
WHEREAS, American Lifeline Medical Transport, Inc. has recently
moved its operations to Isle of Wight County and now seeks such approval
from the Isle of Wight County Board of Supervisors in order to obtain the
necessary license to provide such service in Isle of Wight County from the
Virginia Department of Health pursuant to Title 12, Agency Number 5,
Chapter 31, Part II, Article 1 of the Virginia Administrative Code (12 VAC
5 -31 -420); and
WHEREAS, the Isle of Wight County Board of Supervisors supports
an increase in medical services to the citizens of Isle of Wight County.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that American Lifeline Medical Transport, Inc. is
hereby authorized to provide medical transportation services within the
jurisdictional boundaries of Isle of Wight County, 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.
Interim County Attorney Burton presented a tap fees refund to Sasser
Construction Company which exceeds $2,500 and which requires the
Board's approval. He advised that the Treasurer and the Commissioner of
Revenue are recommending approval of the refund in the amount of $8,000
for tap fees which were paid for, but not used by Sasser Construction
Company.
Supervisor Bradshaw moved that the Board authorize the Interim
County Attorney to sign the letter of request dated February 11, 2009
indicating the Board's consent of a refund in the amount of $8,000. 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 nine (9) matters to
discuss with the Board later during the closed meeting.
//
32
Chairman Brown called for the Community Development report.
Ms. Walkup presented the application of Trent S. Butler for a waiver to
Section 3.2.4A9 of the Subdivision Ordinance in which the applicant is
requesting the ability to sell a family member lot prior to the required
possession period. She advised that the applicant has provided
documentation that the conveyance is to satisfy a medical - related financial
obligation that had not been contemplated.
Supervisor Clark moved that the waiver request to the Subdivision
Ordinance 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.
Mr. Walkup presented the application of New Cingular Wireless PCS,
LLC, applicant, for preliminary site plan approval for a proposed 165 foot
tall monopole communications tower and associated equipment located on
.029 acres of a 5.0 acre parcel for the Board's consideration.
Supervisor Clark moved that the application of New Cingular Wireless
PCS, LLC 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.
1/
Chairman Brown called for the Parks and Recreation report.
Mark W. Furlo, Parks Administrator, formally introduced Ms. Darlene
Keyt, the County's new Event/Fair Coordinator.
Chairman Brown called for the General Services report.
Edwin P. Wrightson, Director of General Services, presented a request
from the Virginia Department of Transportation to connect to the Town of
Smithfield's water system due to a failing well. He advised that the Town of
Smithfield approved the request in December, 2008.
Supervisor Casteen moved that VDOT's request to connect to the
Town of Smithfield's water system be approved. The motion was defeated
by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright
voting against the motion and Supervisor Casteen voting in favor of the
motion.
33
Supervisor Bradshaw commented that this is an opportune time for
staff to discuss with VDOT the County's need for drainage issues to be
addressed on Routes 460 and 10.
Supervisor Clark moved that Mr. Wrightson be directed to enter into
discussions with VDOT conducive with the Board's discussion tonight
relative to the drainage issues with Route 460 and Route 10 and bring the
matter back at the Board's March 5, 2009 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.
/1
Chairman Brown called for the County Administrator's report.
County Administrator Caskey presented a recommendation by staff that
the Board give consideration to postponing, for one (1) year, the
reassessment of real property. He advised that included in the agenda is a
memorandum from the Commissioner of Revenue recommending that the
Board move forward with the reassessment for FY 2010.
Supervisor Casteen moved that the reassessment go forward as
planned. The motion was adopted by a vote of (4 -0) with Supervisors
Bradshaw, Brown, Casteen and Wright voting in favor of the motion;
Supervisor Clark absent for the vote; and, no Supervisors voting against the
motion.
Liesl R. DeVary, Director of Budget and Finance, presented a proposed
Capital Improvement Plan (CIP) for FY 2010 -14, as recommended by the
Planning Commission at an estimated $73.5 million over the five (5) years of
which 40% is attributable to public utilities; 27% attributable to economic
development; 14% for parks and recreation; and, 8% for fire and rescue. She
advised that the ten (10) year CIP is approximately $277 million, of which
89% will be funded by the issuance of debt. She recommended that the
Board authorize staff to advertise the CIP for FY2010 -14 for public hearing
at the Board's March 19, 2009 meeting. She noted that staff will provide an
update to the Board at its March 5, 2009 meeting on the capital projects and
recommend which ones might be reallocated responsive to the economic
downturn.
Supervisor Bradshaw moved that the Board authorize staff to advertise
a public hearing on the County's CIP for FY2010 -14 for the Board's March
19, 2009 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.
34
Arthur E. Berkley, Director of Inspections, updated the Board
responsive to the implementation of an emergency electrical service
reconnection procedure as a result of an emergency incident that occurred
over the Christmas holidays.
Donald T. Robertson, Director of Resource Information and Legislative
Affairs briefed the Board relative to procedures put in place to ensure that
certain errors are prevented from occurring in the future with respect to the
County Newsletter.
County Administrator Caskey requested the Board's direction with
respect to the scheduling of a Town Hall Meeting.
Supervisor Wright moved that the Board hold its 2009 Town Hall
Meeting on April 3, 2009 at 7:00 p.m. in the Windsor District. Mr.
Robertson is to check on the availability of the Windsor High School
auditorium. 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. Robertson briefed the Board on the status of certain critical
legislative issues under consideration by the members of the General
Assembly, to include the issue of imminent domain, which had been
defeated. He advised that staff will be closely monitoring the issue of
transportation funding and House Bill 1872, which involves the restructuring
the Board of Directors for the Southeastern Public Service Authority. He
advised that passage of House Bill 2247 granting permission for the Board to
place a lien on delinquent water and wastewater bills looks positive at this
time, as well as the legislation concerning smoking bans in restaurants; the
naming of the bridge that connects the County and the City of Franklin the
Holland - Councill Memorial Bridge; and, the Bill introduced that extends the
moratorium on annexation. He advised that staff is continuing to request
information pertaining to the Federal legislation involving the Economic
Stimulus Bill.
/1
Chairman Brown called for consideration of the Consent Agenda.
A. Contract Management Week
A Resolution to Declare the Week of April 5 -11, 2009 as
Contract Management Week
B. Tax Exemption Policy
C. Application for Grant Funds — Bulletproof Vest Partnership
Program
35
Resolution to Accept and Appropriate Grant Funds from
the Department of Justice for the Bulletproof Vest
Partnership Program
D. V -Stop Program FY 2008 -09
E. Appropriation of Carryover Operating and Capital Projects
Funding Remaining at June 30, 2009
Resolution to Appropriate Funds from the Undesignated
Fund Balance of the E -911 Fund for Equipment Purchases
for the Backup Site
F. Funding of Smithfield Old Town Curb Market
Resolution to Accept and Appropriate Funds for the
Smithfield Old Town Market
G. Isle of Wight Museum/Summary of Expenditures/Encumbrances
H. Section 8 Report
I. Project Status Update Related to Route 460 Flooding Impacts in
Zuni
J. Monthly Engineering Projects Report
K. Monthly Financial Reports for County and Schools
L. Proposed Amendments to the Isle of Wight County Planning
Commission By -Laws
M. Addendum No. 1 to CDBG Management Assistance Contract By
and Between County of Isle of Wight, Virginia and K. W. Poore
and Associates, Inc. under the Booker T. Estates Comprehensive
Community Development Project under the Small Cities
Community Development Block Grant Program
N. Delinquent Real Estate Tax Collection Monthly Report
O. November 14 -15, 2008 Strategic Planning Retreat Minutes
P. November 20, 2008 Regular Meeting Minutes
Supervisor Bradshaw moved that the Consent Agenda be adopted as
presented. The motion was adopted by a vote of (5 -0) with Supervisors
36
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
1/
Chairman Brown called for Appointments.
Supervisor Wright moved that James O'Briant be appointed as the
Planning Commission member representing the Windsor District on the
Planning Commission's Development Review Committee. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
CIark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Brown moved to reappoint himself to serve on the Planning
Commission. 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 Brown moved that he be appointed as the Planning
Commission member representing the Hardy District on the Development
Review Committee. 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 Don Rosie be appointed as the
Planning Commission member representing the Carrsville District. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Casteen moved that Lars Gordon be appointed as the
Planning Commission member representing the Smithfield District. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Casteen moved that Ron Pack be reappointed to serve on
the Industrial Development Authority. 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 Brown called for Old Business.
A. The application of Edward R. and Sharon C. Lenz, owners, for an
exception to the Chesapeake Bay Preservation Area Ordinance,
37
for two adjacent lots. Specifically, Section 4002 (B)(2)(a.) to
allow encroachment of up to 50 feet into the 100 foot Resource
Protection Area Buffer for the construction of a single- family
home on each lot. Lot 59, containing nearly 0.51 acres of land,
and Lot 60, containing just over 0.40 acres of land, are located in
the C. L. Obrey Subdivision on the north side of Lakeview Lane,
Carrollton, in the Newport Election District.
Ms. Walkup presented the application. She advised that included in the
agenda are the conditions that staff recommends the Board consider in
approving this application.
William Riddick, Attorney representing the applicant, advised that the
applicant does have a concern with staff's recommendation that the applicant
change the side - loading garage to a front - loading garage.
Supervisor Clark moved that the exception request be approved with
the following conditions:
1. Approve the proposed two -story house plan with a construction
footprint, including the attached garage, of 3,570 square feet and
living space of 3,047 square feet;
2. Allow no additional encroachment for accessory structures,
decks, or impervious surfaces;
3. Encroachment into the landward 50 feet of the Resource
Protection Area Buffer is not to exceed 48 feet;
4. Require the usual Best Management Practice maintenance
agreement for the pervious pavers and for the landscaping plan.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Brown called for the Board's consideration of the following:
B. The application of Edward R. and Sharon C. Lenz, owners, for an
exception to the Chesapeake Bay Preservation Area Ordinance.
Specifically, Section 4002 (B)(2)(a.) to allow encroachment up to
50 feet into the 100 -foot Resource Protection Area (RPA) buffer
for the construction of a single - family residence. The property,
containing approximately 0.040 affected acres of land, is known
as Lot 60, of the C. L. Obrey Subdivision on the north side of
Lakeview Lane, Carrollton, in the Newport Election District.
Supervisor Clark moved that the application be approved with the
38
following conditions:
1. Approve the proposed two -story house plan with a construction
footprint, including attached garage, of 2,563 square feet and
living space of 2,317 square feet;
2. Require the usual Best Management Practice maintenance
agreement for the pervious pavers and for the landscaping plan;
3. Allow no additional encroachment for accessory structures,
decks, or impervious surfaces;
4. Encroachment into the landward 50 feet of the Resource
Protection Area Buffer is not to exceed 38 feet.
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 with respect to the
comments offered by Mike Luter earlier in the meeting under Citizens
Comments and his request that the Board reconsider its vote, the Board had
held a public hearing on the application and had voted to approve the
application with certain conditions. He stated once an application is
approved with conditions, the owner acquires vested rights and the applicant
would have the right to sue the County if the Board tried to change its vote.
Supervisor Wright commented that the Board had been lead to believe
that this company was the only one (1) in the world that provides this type of
training and that he has since learned that there are two (2) other companies
in Texas and one (1) in Georgia that are doing the same type of training. He
requested that Attorney Riddick encourage the applicant to install a fence
around the property.
Attorney Riddick advised that the applicant had represented to him that
their company was very specialized and that they were the only company that
does what they do. He offered to convey the Board's sentiment about these
issues to the applicants.
Mr. Luter commented that the Board had approved the application
based on information that was provided by the applicant, which has now been
determined was inaccurate. He commented that a simple solution to his
concern would be the installation of a fence to protect his nephews and other
children in the neighborhood.
Supervisor Clark advised that his decision was based on the land use
and that he had thought the application was conducive with the area, not on
the number of companies that do this type of training. He stated that this
39
business was previously located in Carrollton and the applicants have run this
business in a manner that had their dogs at large all over the County without
a single incident.
Supervisor Bradshaw suggested that those who live in close proximity
to the kennel ensure that the applicant complies with the Conditional Use
Permit (CUP) because if any of the conditions of the CUP are violated, it can
be revoked.
/1
//
//
Chairman Brown called for New Business.
Supervisor Clark requested that the request by Mary Connell under
Citizens Comments be discussed with respect to the Board donating $5,500
to assist with the implementation of the feral cat ordinance which was
previously adopted by the Board.
Following discussion by the Board on the issue of it being notified of
actions taken by the Finance Committee on items that have been referred to
the Finance Committee by the Board, Supervisor Casteen moved that the
Board be notified of actions taken by the Finance Committee under the
Consent Agenda for the following Board meeting with respect to items that
have been referred to that Committee. The motion was defeated by a vote of
(3 -2) with Supervisors Bradshaw, Brown and Wright voting against the
motion and Supervisors Casteen and Clark voting for the motion.
Supervisor Bradshaw moved to continue the Board meeting past 11:00
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.
Interim County Attorney Burton called for a closed meeting pursuant to
Section 2.2- 3711.A.7 of the Code of Virginia concerning consultation with
legal counsel requiring the provision of legal advice pertaining to Gately
Communications; pursuant to Section 2.2- 3711.A7 concerning consultation
with legal counsel requiring the provision of legal advice pertaining to a tax
matter of a company in the Carrsville District; pursuant to Section 2.2-
3711.A7 concerning consultation with legal counsel requiring the provision
of legal advice pertaining to the Department of Environmental Quality
Consent Order regarding a sanitary sewer overflow; pursuant to Section 2.2-
3711.A7 concerning consultation with legal counsel requiring the provision
of legal advice pertaining to the Western Tidewater Water Authority;
pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel
40
requiring the provision of legal advice pertaining to the Southeastern Public
Service Authority; pursuant to Section 2.2- 3711.A7 concerning consultation
with legal counsel requiring the provision of legal advice pertaining to
Locust Grove; pursuant to Section 2.2- 3711.A7 concerning consultation with
legal counsel requiring the provision of legal advice pertaining to the Nogiec
lawsuit; pursuant to Section 2.2- 3711.A7 concerning consultation with legal
counsel requiring the provision of legal advice pertaining to the Stoup
property; and, pursuant to Section 2.2- 3711.A3 concerning the discussion
regarding the acquisition of real property in the Carrsville District concerning
the Blackwater River.
Supervisor Clark moved that the Board enter the closed meeting for the
reasons stated by the Interim County Attorney. The motion was adopted by a
vote of (4 -0) with Supervisors Bradshaw, Casteen, Clark and Wright voting
in favor of the motion; no Supervisors voting against the motion; and,
Chairman Brown absent for the vote.
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 Clark 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
41
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Wright moved to approve a sole source contract with Gately
Communications for the SCADA system. 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 Clark moved to authorize the Chairman to sign an
agreement with Locust Grove settling the lawsuit after the plaintiff signs the
agreement as 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.
Staff was directed to obtain an option on the land near Benn's Grant
and advise the Board via email.
Responsive to a concern voiced by Supervisor Clark that a
representative of Charter Communications had declined an invitation by him
to attend a future Board meeting to address certain concerns forwarded by the
County Administrator, County Attorney Burton advised the Board that he
would pass this concern on to counsel.
/1
At 12:45 a.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, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the mo
Carey ills Sto , Clerk
42
s B. Brown, Jr., Chairma