05-21-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY -FIRST DAY OF MAY 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
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
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Chairman Brown called the meeting to order at 6:00 p.m.
Supervisor Casteen delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Add a closed meeting pursuant to Section 2.2- 3711.A.7 of the
Code of Virginia relative to consultation with legal counsel requiring the
provision of legal advice pertaining to actual litigation; move the Emergency
Services Report to the end of the agenda; under Public Hearings, add
consideration of the Tax Exemption request for Covenant Place, Inc.; and,
under County Attorney's Report, add six (6) closed meeting items, for a total
of eight (8) items.
Supervisor Bradshaw 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.
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.7 of the Code of Virginia for the purpose of consultation
with legal counsel requiring the provision of legal advice regarding actual
litigation.
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Supervisor Bradshaw moved that the Board enter the closed meeting
for the reason stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Wright moved that the Board return to open meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
There was no action following the closed meeting.
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Chairman Brown called for Special Presentations /Appearances.
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Sheriff C. W. Phelps read House Joint Resolution No. 943 into the
record and provided a history of past sheriffs in Virginia. He brought to the
Board's attention that Deputies are wearing badges commemorating 375
years of service.
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Chairman Brown called for Regional Reports.
Chairman Brown advised that Christian Outreach, during the month of
May, 2009, had dispersed $847. He advised that he had informed the
Director of Social Services about the meeting arranged by staff with
Gloucester County regarding its shared services and that the Director of
Social Services has developed a matrix illustrating why shared services
between the County and the Department of Social Services will not work. He
extended an invitation to Mr. Robertson, Interim County Attorney Burton,
County Administrator Caskey and Supervisor Bradshaw to attend the
meeting in Gloucester County with him to discuss how services between the
two (2) organizations can be improved. He advised that a final decision
from the Isle of Wight Social Services Department regarding shared support
for computers is still pending with respect to the issue of providing internet
connection at no additional cost to the County.
Supervisor Bradshaw reported that Mr. Robertson, in conjunction with
Dean Lynch of VACo, is conducting an evaluation on shared services
between the County and the Department of Social Services. He offered to
keep the Board apprised as staff moves forward with this effort.
Supervisor Clark reported that negotiations are ongoing with respect to
the Southeastern Public Service Authority's waste -to- energy plant and that
all current operations appear to be functioning at normal capacity. He noted
that he would keep the Board apprised as developments with negotiations
occur.
Supervisor Casteen reported that the South Hampton Roads Resource
Conservation and Development Council's bylaws are being revised and that
the Council would be hosting the spring RCD meeting.
Chairman Brown reported on discussions at the most recent meeting of
the Southside Mayors and Chairs concerning high speed rail in Hampton
Roads. He advised that it is President Obama's initiative to have high speed
rail with 600 connection miles to major cities. He advised that speeds of 80
mph to 110 mph are being considered for the Peninsula and South Hampton
Roads areas. He advised that he and Mayors Fraim and Johnson have been
requested to develop a joint resolution outlining the reasons why the
southside is the better choice for the rail. He noted one (1) major obstacle for
the Southside will be providing connection across the Elizabeth River. He
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advised that President Obama's initiative is $5 billion for a five (5) year
period for high speed. He stated in terms of civil defense, a rail is the most
efficient method by which to move large numbers of people expeditiously.
Regarding the Virginia Association of Counties, Supervisor Bradshaw
advised that he has been appointed to a State Energy Committee and that he
is looking at the possibility of securing Federal funding for the replacement
of windows at Westside and Hardy Elementary schools.
Regarding the Western Tidewater Regional Jail Authority, Supervisor
Wright advised that a bill in excess of $5,000 for Michael Vick's recent stay
has been forwarded to the Federal Marshals. He advised that the number of
Federal inmates utilizing the Jail have decreased during the last two (2)
months.
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Chairman Brown called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, offered to provide
Supervisor Clark with an update on Yellow Rock Lane at the Board's June
11, 2009 meeting.
MacFarland Neblett, Residency Administrator, VDOT, advised that he
was in receipt of Supervisor Clark's correspondence advising of the pooling
of water at Smith's Neck Road and Route 17 and that he anticipates the
matter being addressed in the next ten (10) days.
Supervisor Clark notified Mr. Neblett that the Gatling Pointe South
Community Association is requesting that VDOT consider the reduction of
the speed limit from 45 mph to 35 mph on Battery Park Road and Gatling
Pointe.
Chairman Brown notified Mr. Wrightson that Henry Bradby of Track
Lane has advised him that there is a street light on Bradby Lane which is in
need of replacement.
Supervisor Bradshaw inquired about the status of Route 460 in Zuni.
Mr. Neblett advised that the realignment of the pipes underneath Zuni
Circle has been accomplished and that VDOT is proceeding with obtaining a
contract to lay the pipe underneath Route 460.
Supervisor Bradshaw notified Mr. Neblett that he has received a
request from residents of Pocahontas and Camptown for "Children at Play"
signage.
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Mr. Neblett advised Supervisor Bradshaw to initiate a petition for
submittal to the Board.
Supervisor Bradshaw notified Mr. Neblett about flooding conditions on
Colosse Road at the Butler Farm.
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Chairman Brown called for Citizens Comments.
Joe Stradley of Windsor requested hunting rights for eighteen (18)
individuals on the Whitley, Eure and Griffin properties owned by the County.
At 7:00 p.m., Supervisor Bradshaw moved that the order of the agenda
be amended 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.
Supervisor Clark moved to amend the order of the public hearings to
begin with the request of. J. D. Shenk. 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:
The request of J. D. Shenk, LLC, owner, to amend the Comprehensive
Plan Land Use Designation of Tax Map Parcel 33 -01 -170 in the
Newport Development Service District from Suburban Estate to
Business and Employment Growth. Said property, approximately 4.10
acres, is located at 21401 and 21415 Brewer's Neck Boulevard in the
Newport Election District. The proposed use of the property is for
mixed commercial uses.
William Riddick, Attorney representing the applicants, advised that the
property is comprised of two (2) buildings, one (1) of which is masonry and
the other is metal. He further advised that the masonry building, which was
built in approximately 1958, has been used continuously as a commercial
structure and the metal building, which was built in the 1980s and previously
known as Carrollton Antiques, has moved to another location. He explained
that the past owner used the building for uses that were not permitted and that
his clients, when they purchased the property, did not realize that property
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was not zoned for commercial purposes as it had been used as a commercial
facility for some time. He stated that although the property is zoned
suburban estates, it is not inconsistent with what is in the surrounding area.
He stated that bringing this property into compliance will not have a negative
effect. He stated that most of the lots to the rear of Booker T. Estates are wet
and can not be developed and that the County does not have any plans to
extend the roads and utilities back there. He stated that the only lot that
would be affected already has a residence located on it and that proposed as
part of the site plan is enhanced landscaping to further buffer this facility
from the existing residence. He advised that his client is proposing to bring
the property into compliance with the County's ordinance by locating the
new parking area to the rear between the two (2) new buildings. He stated
that as part of the revised proffers, his client is offering to remove the
excessive signage and make it more uniform so that it presents a better
appearance. He stated that awnings will be installed over the entry doors;
landscaping will be planted along the foundation of the building; the doors
will be made to look more uniform; and, there will be a uniform color scheme
applicable to the property. He stated that the uses are uses that are
appropriate for this property in order to accommodate the existing businesses.
He advised that businesses have a difficult time locating in the County as
there are limited opportunities to find property that is properly zoned and in
compliance with the zoning ordinance.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
Thomas Finderson, Newport District, spoke against the application
because of the existence of the three (3) surrounding communities and
because the application is incompatible with those residential communities.
He recommended a Special Use Permit to keep these businesses going until
the applicant could raise sufficient funds to improve the property. He noted
that the applicant is unwilling to provide additional landscaping or make
improvements to the building to make it more attractive. He stated that the
applicant does not want to offer any cash proffers and that this project should
be treated the same as other applications. He noted that a traffic study has
not been conducted; there is no right -turn lane into the property; and, there
should be consideration of a special buffer on the right to separate the
developable lots, which are not located in wetlands. He advised that only one
(1) of the eight (8) existing businesses currently holds a business license.
Sharon Hart, Newport District, recommended that the application be
handled as a Special Use Permit. She stated that the past uses of antique
shops, reproductions and clock repair are suitable to the residential zoning
that has existed in the past. She stated that consideration should be given to
the impact on surrounding residential neighbors and the past uses did not
bring much traffic and were quiet. She stated if a new rezoning is allowed
with more intense uses, the Board should be reminded that the Benn's Grant
development will bring the traffic to a barely passing level. She stated that if
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the Board approves the rezoning as proffered, more intense development will
be allowed and it will no longer be restricted to quiet antique shops and clock
repair. She advised that the carpenter shop has been relocated to the far right
of the brick building, which locates it next to the home located only 35 feet
away, which is now for sale. She stated that the shop is another non - forming
use that the current owner has added since he learned that the property was
not zoned commercial. She added that additional requested uses will be
canine grooming, training facility and an auction house, which bring more
traffic and more noise and which are inappropriate for the surrounding
residential area. She stated that there are eight (8) residential lots adjoining
the property which would be affected and she reminded the Board that the
County has invested a great deal of money to improve the Booker T. Estates
area with no current plan to bring a road to the back of the lots. She stated
that it is her understanding that the lots are not wet and are completely
developable. She stated that the Comprehensive Plan discourages strip malls,
which the new zoning, if approved, would encourage. She expressed concern
with the applicant wishing to expand and join with the commercial property
next to him. She noted that the current buildings are in very poor shape with
a wetlands feature to the rear of the property which could be mitigated so that
the rear of the property could be built upon. She stated that the current owner
purchased the property, which assessed at $250,000 in 2004 for $875,000 in
2006, which would lead one to believe that the applicant has some
commercial plans for development.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark questioned if changing the current designation from
suburban estates would allow for a shopping center at that location.
Ms. Walkup stated that the applicant has proffered that there will be no
enlargement to the existing uses, with the exception of a 2,500 square foot
expansion, which is allowed in the Zoning Ordinance for uses for existing
businesses that do not conform to the Overlay District standards.
Supervisor Clark inquired if there is anything proposed that might
cause a substantial increase in traffic flow.
Ms. Walkup advised that staff had forwarded the application to VDOT
for comment and did not receive any red flags from VDOT at this time. She
advised that for any uses that move into that building during the zoning
permit stage, staff will be required to count parking spaces and determine any
use that will be allowed to go there and ensure that the site requirements have
been met under the Zoning Ordinance. She stated that in order to trigger
additional VDOT improvements, the site would most likely not accommodate
the parking and other requirements for the use, but that would have to be
determined by VDOT.
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Supervisor Clark inquired if the applicant is meeting the landscaping
standards under the Highway Corridor Overlay District.
Ms. Walkup replied that the applicant will meet the standards. She
advised that staff is currently revising the landscaping standards to be more
cost efficient, while providing the same screening and softening effect and
the applicant has proffered that the landscaping will meet the Zoning
Administrator's approval and not the current landscaping standards which are
being revised by staff at this time.
Chairman Brown inquired if the weaknesses have been addressed
during the site plan review.
Ms. Walkup advised that the main weakness involved negotiations of
some improvements to the site and that the footprint would be expanded and
there would be more intense development and the applicant has proffered that
the square footage would be no greater than 2,500 square feet.
Supervisor Bradshaw moved that the Board accept the recommendation
of the Nanning Commission and approve the change in the Comprehensive
Plan. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Brown called for a public hearing on the following:
The application of J. D. Shenk, LLC, owner, for a change in zoning
classification from Rural Agricultural Conservation (RAC) to
Conditional - General Commercial (C -GC) of approximately 4.10 acres
of land located at 21401 and 21415 Brewer's Neck Boulevard in the
Newport Election District. The purpose of the application is to allow
for selected general commercial uses.
Ms. Walkup introduced the application.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
William Riddick, Attorney representing the applicant, advised that the
proffers submitted were developed in consultation with staff and in a
subsequent session with staff following input at the Planning Commission
meeting in order to address all the issues raised regarding landscaping,
parking and expansion. He advised that the objections voiced in the previous
application have been limited by the proffered conditions. He stated that the
applicant is only attempting to make the current uses lawful.
Chairman Brown closed the public hearing and called for comments
from the Board.
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Supervisor Clark requested clarification regarding a portion of the site
improvements being installed by the applicant without County approval.
Ms. Walkup advised that the applicant had made certain parking lot
improvements and landscaping without County approval in order to improve
the appearance of the site, but that the work immediately ceased upon
notification from staff.
Supervisor Bradshaw moved that the application be approved, as
proffered. 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:
The application of Founders Pointe, LLC owner /applicant, for an
exception to the Chesapeake Bay Preservation Area Ordinance.
Specifically, Section 3002(D)(5) to allow the installation of 1.5 inches
of asphalt in the 100 -foot Resource Protection Area Buffer to pave over
the existing crush - and -run gravel surface of the path to the Founders
Pointe Community Pier. The path is located on Tax Map Parcel No. 34-
01 -188, going from the cul -de -sac on Ships Landing Court to the foot
of the community pier, in the Founders Pointe Subdivision in the
Newport Election District.
Ms. Walkup introduced the application.
Supervisor Clark commented that Mr. Johnson, a resident of Founders
Pointe, is confined to a motorized wheelchair due to a recent stroke and that
Mr. Johnson, prior to his stroke, had enjoyed going down to the pier. He
advised that the existing crush and run makes it very difficult for Mr.
Johnson to traverse the pier and he asked the Board to keep Mr. Johnson's
condition in mind as they hear public comment on the application.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
Mark Edwards, Founders Pointe, LLC, offered to answer questions.
Thomas Finderson, Newport District, spoke in favor of the application
stating that asphalt, as opposed to rock dust, is a superior product for
wheelchair use. He stated crowning of the asphalt is necessary to ensure the
shedding of water on the left and right sides of the walkway.
Albert Burckard, Newport District, spoke against the application and
requested that it be denied. He stated that the request is being submitted
because Founders Pointe does not want to go to the expense of installing a
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reasonable pervious surface. He recommended that a harder pervious surface
be installed versus allowing asphalt into the RPA.
Sadie Boyer, Newport District, advised that she has used a wheelchair
for 25 years due to Polio at the age of six (6) and that getting around is not an
easy thing. She stated the world's waterways can no longer sustain
themselves and there are other alternatives than the pier having a hard
surface. She noted that Founders Pointe is an upscale neighborhood and if
the path will be used in the future, Founders Pointe could have been more
diligent in the first place in paving the path. She urged the Board to develop
a plan so that other developers will not put down this kind of pathway.
Sharon Hart, Newport District, spoke in support of a handicapped path.
She stated that there are certain cement pavers which could be utilized as a
compromise.
Kim Hummel, Planning and Zoning, addressed the issue of the
crowning of the path. She stated that the paving of the path was analyzed in
the Water Quality Impact Assessment, and was said to be negligent, which
she agrees with. She stated that the State Chesapeake Bay programs states
that this type of trail is acceptable under State regulations. She advised that
she spoke with Founders Pointe and an outside engineering firm regarding
whether or not the path could be crowned to allow the water to run off side to
side, but that the equipment utilized in paving is too large for such a narrow
path. She noted that while it makes the path more difficult to install, a slight
slope to the left and right could be done although she is not convinced that it
would solve anything in this case.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the application be approved, as requested.
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:
The application of the Isle of Wight County Board of Supervisors,
applicant, Locust Grove Partners, L.P. and E. E. Holloway, Jr. Estate,
owners, and Bay Sand Company, Inc., operator, for a Conditional Use
Permit to allow construction and operation of two (2) open borrow pits
totaling approximately 56.5 acres of land located on the west side of
Benns Church Boulevard (Routes 10 & 32) south of Muddy Cross
Drive (Route 620), in the Windsor Election District, for the purpose of
processing and the removal of sand and topsoil for commercial sale.
The mining operation will create a lake to provide for farm irrigation
and /or serve as a recreational area.
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Ms. Walkup introduced the application stating that the application was
considered and denied by the Board on September 20, 2007. She stated that
litigation pursued and this application is the result of the negotiations that
took place in order to settle the court case.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
Grace Keen, Benn's Church Boulevard, expressed concern with one (1)
of the terms of settlement in that the County will consider filing a
Conditional Use Permit on the property for the operation of a borrow pit.
She inquired if this application is the result of a lawsuit. She expressed
concern with the projected heavy traffic along Benn's Church Boulevard,
which already experiences heavy traffic and congestion. She stated that her
husband has Chronic Obstructive Pulmonary Disease and dust is not his
friend. She stated that she has lived in her home for 41 years and she is
aware of how the wind carries the dust around. She inquired if some of the
pits would be located close to the roadway and not behind the Jones and
Taylor's properties. She requested that the Board take motorists' safety into
consideration as the Board allows the intersection to become operational.
Thomas Finderson, Newport District, advised that there is a blind
corner as you turn right from Benn's Church intersection to Muddy Cross
Road and he recommended that the trees be cut so that approaching cars can
be seen or have a median built so that a truck turning right does not tend to
swing out left.
Sharon Hart, Newport District, commented that it is not reasonable to
put an operation such as this next to the Benn's Grant development. She
inquired if any studies have been done regarding the wells in that area.
Albert Burckhart, Newport District, stated that while these excavations
are called borrow pits, nothing is returned leaving permanent scars in the
landscape and eliminating any future use of that area. He reminded the
Board of its previous action to deny the application and of the Board's ability
and authority as the legislative body to deny the application. He urged the
Board not to allow any more strip mining or open pit mining in the County.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the application be approved with the
following modified conditions:
1. The intersection of Route 10 and Muddy Cross Drive to be
improved to meet the Virginia Department of Transportation's
standards for the level of use;
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2. Improvements to Muddy Cross Drive to a condition adequate of
handling the additional truck traffic generated by the borrow pit
operation, and repair any damage done to Muddy Cross Drive
due to the operation of the pits, all in accordance with VDOT
requirements;
3. Adhere to the days and hours of operation, and truck route as
stated in the operations plan;
4. Implementation of heavy three tiered landscape buffering in the
Highway Corridor Overlay. Especially the utilization of three
foot (3') in height, 3:1 slope earthen berms in the first 25'
adjacent to the rights -of -way that constitute Benns Church
Boulevard as well as Muddy Cross Drive;
5. The operation and reclamation of the borrow pits be in strict
accordance with County, State and Federal legislation. That the
applicant agrees to the implementation of all reclamation
measures required by the State of Virginia and Isle of Wight
County in effect at the time of reclamation. That aforesaid
reclamation requirements and measures shall be applied to the
entire borrow pits on all parcels affected in this application; and,
6. Pursuant to the Phase 1 A report from CRI, a Phase 1
archeological study shall be performed in the project area prior to
preliminary site plan approval.
The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw,
Brown, Casteen and Wright voting in favor of the motion and Supervisor
Clark voting against the motion.
Interim County Attorney Burton advised Mrs. Keen that when an
applicant files an application for a Conditional Use Permit and that Permit is
denied under the County's Zoning Ordinance, the applicant is not permitted
to refile that for a period of one (1) year. He stated that in this case, there had
been a lawsuit and, as a part of the discussions of the lawsuit and settlement
of it, the Board had agreed to consider, by its own motion, to rezone the
property. He stated that the applicant must sign the application and they have
to agree to it.
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.
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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.
Chairman Brown called for a public hearing on the following:
The application of Turner Farms, Inc., Benns Church Properties, Henry
W. Morgan, and Richard L. Turner, applicants /owners, for a change in
zoning classification from Rural Agricultural Conservation (RAC) to
Conditional Planned Development — Mixed Use (C- PD -MX) of
approximately 253.375 acres of land located on the west side of Benns
Church Boulevard (Rt. 10) near its intersection with Brewer's Neck
Boulevard (Route 10/32/258), in the Windsor Election District. The
purpose of the application is to allow for construction of a mixed use
development.
Matthew Smolnik, Planning and Zoning, introduced the application.
Chairman Brown called for persons to speak in favor of or in
opposition to the application.
Henry Morgan, 22048 Ballard Creek Drive, applicant, recalled that the
project was originally initiated in May of 2002 and that the application had
been filed in January of 2006 and amended numerous times. He reminded
the Board that the application had been passed by the Planning Commission
and sent to the Board for public hearing in 2008. He noted that two (2)
weeks prior to the Board hearing the application, capital markets crashed and
his development partner withdrew from the application. He advised that the
application had to then be corrected to reflect his exit and he took the
opportunity to improve the project further. He stated that the project has
been reduced by half and further refined and, as a result, had been passed by
the Planning Commission.
Eric Galvin, Land Planning Solutions, provided a brief overview of the
proposed project noting that it complies with the County's roadmap for
growth. He advised that all concerns have been addressed that were raised
during the public meetings and that the development has been designed to
meet the goals outlined in the County's Road Map for Growth. He stated that
the application is a traditional neighborhood design and the site's historic
resources have been preserved; environmentally sensitive areas have been
protected; walk ability has been promoted; and, all roadmap for growth
criteria for mixed -use development have been met. He stated that the general
design and layout has been revised per the public meetings to accommodate
for additional open spaces, shorter blocks, increased trail linkage and LID
components. He stated that the plan encourages historic and traditional style
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of architecture with a mix of housing types, sizes and prices. He stated that
architectural guidelines will be established and a board created to approve
and monitor proposed housing styles. He stated that the houses will have a
strong emphasis on the front porch and that there will be numerous parks and
open spaces throughout the community, all linked together through a network
of sidewalks and trails. He stated that the benefit to residents is that they will
be encouraged to walk, not drive, for recreation or a trip to the market. He
stated that the proposed commercial areas will provide the community with
the much needed retail that residents currently travel for outside of the
community. He stated that a 70 foot scenic corridor has been created to
connect commercial development with adjacent communities and travelers
along Route 10. He stated that pedestrian, bike trails, benches, lighting and
berming will all be provided in a park -like atmosphere. He stated that 43
acres of the site has been dedicated to open space and the site is now smaller
than the 2007 application, allowing for more land to be preserved. He stated
that the open spaces will be linked to each other and to the commercial
components through the trails and sidewalks emphasizing the walk ability of
that community. He stated a variety of spaces will be provided such as
fishing, jogging, biking and free play areas for children. He stated that
recreational facilities will also be provided for both single family and multi-
family residences. He stated that the historic and architectural significant
areas will be preserved specifically by finding a home for the Jordan house
and providing proffers accordingly. He stated that traffic concerns have been
thoroughly addressed and the proposed Benn's Grant development will
provide the County with a needed solution for the intersection at Route 10
and Route 258. He stated that the applicant has proffered to re- evaluate the
traffic count once the commercial area is built to approximately 480,000
square feet. He stated that there are great economic benefits for the County
and that the traditional design has proven to reduce the municipal operating
expenses due to its compact nature.
Melissa Ventable, Land Planning Solutions, stated that the plan has
been reduced from 600 to 253 acres with the number of residential units
reduced by 50 %. She stated that 800,000 square feet of office space has been
eliminated and the commercial area has been reduced from 770,000 square
feet to 650,000 square feet. She stated that the Riverside Hospital portion of
the application is still intact and moving forward separately and the ballpark
land dedication and associated costs have been eliminated. She stated having
a smaller acreage footprint has allowed them to pull away from the RPA and
Cypress Creek assuring no impact to that area and being more
environmentally friendly as a whole.
Mr. Morgan advised that the revised Fiscal Impact Study demonstrates
that the project is cash flow positive to the County from year one (1) and has
been revised to accommodate a different phasing plan, as pointed out by the
public.
14
Lewis Frankmeyer, 15188 Kennel Lane, spoke in support of the
project. He stated that Messrs. Morgan and Turner have owned the property
since 1985. He further stated that he has never seen a more controversial
rezoning and that it is now time for the Board to make hard decisions.
Joe Puglisi, Newport District, spoke against the application stating that
the rezoning will potentially create additional pressure on both commercial
and residential real estate. He stated that a zoning change is something that
the Board has to grant and it is not a matter of right. He stated that the Town
of Smithfield needs to be rejuvenated and maintained so that it continues to
be the centerpiece of this area and adding more property for development is
not going to be helpful to the overall community. He urged the Board to
deny or defer the application when conditions would be more favorable for
such a project.
Frank Drewery, 14065 Poor House Road, spoke against the application
stating that there are existing housing developments that have been approved
and the homes not yet built. He stated that there are not sufficient roads,
police and rescue personnel for handling this development. He
recommended that the Board deny the application because the County does
not need it and it can not afford it.
Herbert Cox, Hardy District, spoke in opposition to the application due
to its increase in traffic. He questioned if the Benn's Grant development
would pay for 100% of the proposed road changes. He stated that he quit
utilizing the Benn's Church intersection when the traffic first began to
increase. He stated that Suffolk already has a big -box store. He stated that
he watched York County grow from a rural area to strip malls along Route
17's length and heavy traffic lights. He stated that the 45 mph speed limit on
Route 17 can be achieved at times, but not very often due to the number of
traffic lights. He stated that there are currently three (3) traffic lights within a
quarter mile at Eagle Harbor. He stated that change does not happen
overnight as it comes one (1) decision at a time and the Board needs a plan to
prevent what growth has done to Gloucester and York Counties from
happening in Isle of Wight. He stated that the plan is being changed to serve
individuals at the expense of the greater good.
William Bell, Orbit Road, stated that there is a perception that the
County has spent a great deal of money on this project over the last seven (7)
years. He stated that he does not know why the County has hired consultants
and then not taken their recommendations. He stated it is said that building
in the County is more difficult than anywhere else in the region, yet the
Board seems to be trying to keep the application alive just to make something
happen at that location. He stated local builders need to be involved in the
building of this development, creating jobs in the County, rather than people
from outside the County. He stated that he understands that the affordable
housing has been pushed to the back corner, but he thought that the
affordable housing was to be integrated into the general plan. He stated that
15
a Walmart is not needed and he asked if the County is prepared for the
closing of businesses in the Town of Smithfield.
Regina Haverty, Newport District, recalled that in 2002, the
Development Service Districts was expanded to include the 600+ acre
Turner/Morgan property. She asked why this application when there were
already parcels existing in the same area that were not promoted or utilized
for development. She stated it would be more logical to concentrate on the
Route 17 corridor, as there are several adjacent properties for sale in the
Brewer's Neck Boulevard/Route 17 intersection that would be more
appropriate for the kind of development that the County seems to be
determined to attract. She stated regarding a big box being good for the
community, with the exception of the residents of the planned 600 home
community at Benn's Grant, everyone else will still have to drive 20 minutes
to shop there. She stated that she is not advocating no growth, but rather for
responsible timely growth.
Delores Darden, Windsor District, stated that the revised plan appears
to be more palatable and looks like it might work well in the County, but she
wonders how soon phase 2 will be before the Board to rezone the other 400
acres. She stated that the paving of Muddy Cross Road with stimulus funds
will open up the door for several entrances to phase 2 of that property. She
stated that the development will have a tremendous strain on the County's
services such as schools, fire, rescue, police and public works. She stated
that pavement of Muddy Cross Road will create additional traffic. She urged
the Board to deny the application and allow the County to remain a unique
community.
Lisa Menya, Newport District, stated that the County is a unique
community in the Tidewater area because of its character. She stated that a
number of the communities have sold out and she encouraged the Board not
to do that.
Steve Certafini, Newport District, stated that the Board needs to
understand that this is only Phase 1 and there are 400 other acres that will
come along eventually and the County will have to begin paying professional
fire, rescue and police because these kinds of developments can not be
sustained with volunteers. He stated that the roads will also not support these
kinds of developments.
Sharon Hart, Newport District, recommended that the Board not
include workforce housing if it decides to approve this project because it will
cost the County a great deal of money to subsidize these homes. She stated
that there is a critical need for housing in the County to allow workers such
as teachers, deputies, firemen and County staff, but the rents proposed will
not be affordable for those kinds of workers. She stated affordable housing
should be saved for the southern end of the County where the intermodal
park will be located when it comes. She stated the proffers on Page 8 which
16
states that "in the case where workforce housing is subsequently sold to
someone who does not prequalify, the workforce deed of trust shall be
satisfied in full from the proceeds of the sale of the workforce dwelling unit"
will not assure that the County will receive proffers to offset the cost to the
County. She stated that due to the current downturn in the economy, she
would also recommend removing the age - restricted housing proffer. She
stated that she did not see included in the proffers the water tower that Mr.
Turner had promised at the last meeting. She stated even with the reduction
in size of the project, traffic at Benn's Church and Brewer's Neck Road will
be at 2,240 vehicles per hour during peak time which will not allow for any
further development on those corridors without further expansion of roads.
Sadie Boyer, Newport District, stated that the proffers do not reflect
that Messrs. Turner and Morgan will agree to comply with the HUD
recommendation by the Planning Commission. She requested that the Board
not approve any workforce housing rental units because, with the approval of
120 units for the Bridge Point Commons, there is now a backlog. She stated
that she does not believe that this project, in the near future, will keep the
County's taxes from increasing and that she has not heard discussed the value
of outparcels versus no outparcels.
Thomas Finderson, Newport District, stated that the downturn in the
economy is the reason that the Armada Horner backed out of the projected.
He stated that International Paper and Smithfield Foods are in decline and, if
the Board does not approve this project which will bring in $2,000,000 in
revenues, the County's taxes will increase. He recommended establishing a
new economic center in the northern portion of the County. He stated that
the traffic problem associated with the project has been addressed and that
the reason to approve this project is the benefit to County families. He stated
that Development Service Districts have to be established to accommodate
growth and he does like seeing the County change; however, the alternative
is to see these type of projects all over the County. He stated if another lane
is necessary on Brewer's Neck Road, it can be built down the middle leaving
a grass median and preserving the character. He stated that the reduction in
the project has made traffic much more palatable. He stated if the County
does not do something on its own behalf, it will be to blame for its economic
troubles. He stated that because there is such a large number of affordable
housing with Bridge Point Commons and St. Lukes Village, this project
should not be required to build affordable housing. He stated that the County
can not create Development Service Districts, encourage developers such as
Messrs. Turner and Morgan to spend thousands and then decline their
application. He requested the Board to approve the application.
Albert Burckhart, Newport District, stated that his previous objection
to this project was based on his perception that Benn's Grant was clustering
the workforce housing units into a single confined area. He stated that Mr.
Turner has advised him that that is not the case and he has been personally
promised by Mr. Turner that not only will the proffered 17% of the
17
workforce housing be achieved, but also these units will be distributed
reasonably and attractively throughout the development. He requested the
Board to approve this rezoning.
Sam Crash, Newport District, stated that the traffic is already a problem
when crossing the James River Bridge and traveling through the intersection
of Bartlett or Benn's Church during peak hours. He recommended that the
project be approved.
Fred Mitchell, Newport District, stated that the County needs jobs and
development is what creates such jobs. He stated that rooftops do not pay
taxes, businesses pay taxes. He recommended that a stop light be installed at
Sugar Hill Road to assist with the existing traffic. He stated that the
developers have responded to the citizens and scaled the project down and
this is a project that the County can be proud of. He stated this project is
special and it will give the County an opportunity to show other
municipalities how it should be done. He stated in these economic times, the
County can be a shining example to all of Hampton Roads on how
development should work. He requested that the Board support the project
for the working people in the County.
Bill Hayes of Battery Park stated if the citizens of the County are going
to be benefitted, he would rather see it done as a result of revenue from sales
and not from tax increases. He stated this project will bring the County
$22,000,000 in revenue over a 20 -year period and $5.5 million in proffers.
He stated it is a good time with the downturn in the economy to approve such
a project.
Wen Winslow, Smithfield District, stated this is the best time with the
economy in a downturn to build such a project. He stated that the County has
an opportunity to move forward and reap the benefits for the working man.
He urged the Board to approve the project.
Linda King, Newport District, stated that the community of
Chuckatuck looks about the same as when she was a young girl and it is not
dying, but rather a lovely community. She stated that this Board previously
decided that the County's rural atmosphere would be preserved. She stated
that this project will cost the taxpayers more than they ever receive in return
and it will change the County forever. She stated that the land in the County
should be guarded carefully and that she did not agree with moving the
Jordan home from its existing location. She stated that this is not leading -
edge planning and the County does not have the protections in place to keep
this project from becoming a disaster. She stated that mortgages of $2,400
per month are not affordable houses. She stated that the Board has
complained about Route 17 in the past and she requested that the Board save
Route 10.
18
Ryan Brown, Hardy District, spoke in opposition to the Benn's Grant
development in its entirety. He stated that previous leaders were not capable
of foreshadowing the long -term ramifications of their decisions and he
requested that the Board learn from their mistakes. He spoke in opposition to
a Walmart locating in the County and he requested that the Board deny the
application.
Richard L. Turner, applicant, stated that the proposed project is located
in the area dedicated for growth and that the application under consideration
tonight is a better project.
Henry Morgan, applicant, thanked staff for their efforts. He clarified
that no County money has been expended since he and Mr. Turner have been
involved in this project. He stated if this application is not approved, no jobs
will be created and there will be no increase in the tax revenue. He stated
that the project is located in a Development Service District, which is
designated for growth, so as to preserve the rural nature that exists in the
remaining areas of the County. He stated that the applicants have complied
with the Comprehensive Plan, as well as with the Road Map for Growth.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw advised that the County is bound by the rules and
regulations established by the State of Virginia through the Comprehensive
Plan and Development Service Districts in accordance with property and
vested rights. He stated that the Board could deny the application, but if the
County were taken to court, it is highly unlikely that it would win the case.
Interim County Attorney Burton advised that the Board would have to
have a rational basis for denying an application under the four (4) reasons
stated in the Constitution of Virginia.
Supervisor Clark advised that traffic and road concerns are the only
valid reasons expressed by the public for the Board to deny the application.
Interim County Attorney Burton advised that traffic is an existing
problem without the development and it is not the development that has
created that situation. He advised that the applicant is willing to make
changes to the intersection to bring it up to an acceptable level of VDOT
standards, so the applicant is improving the situation and Benn's Grant will at
least provide an improvement to the current situation by virtue of the
improvements that the applicant is to provide in that area. He stated that a
project being in violation of the Comprehensive Plan is another valid reason
to deny a project, but a lack of public resources at the time is not a legitimate
reason to deny a rezoning request. He stated it is the responsibility of
government to provide those services.
19
Supervisor Casteen requested that Page 8, Proffer #6, be revised with
regard to the workforce housing being up to 17% and approved by the
Director of Planning and Zoning.
Supervisor Clark moved that the application be approved with the
proffers dated May 8, 2009, as amended (Proffer #6, Page 8, is changed to
reflect "the applicant agrees up to 17% to be approved by the Director of
Planning and Zoning" and Proffer #2, Page 18, is changed to reflect
"voluntary cash proffers equal to $596 per 1,000 square feet of gross floor
area." 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 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.
//
Supervisor Bradshaw moved that the Board extend its 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.
//
Chairman Brown moved that the letter from Sonja Ingram, APVA,
dated May 21, 2009 addressed to Chairman Brown requesting that the Board
consider a study that would fully consider all of the impacts the proposed
development may have to the irreplaceable historic and scenic resources of
the area be made a part of the record. 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:
The application of Benns Church Properties, owner /applicant, for a
Conditional Use Permit for a proposed Wal -Mart to allow construction
20
of a commercial retail facility with a building footprint greater than
80,000 square feet, which will include the following uses: drive -
through pharmacy; garden center; and motor vehicle repair
service /minor on approximately 21.2 acres of land on the west side of
Benns Church Boulevard (Route 10/32) north of Muddy Cross Drive
(Route 620) in the Windsor Election District.
Mr. Smolnik presented the application.
Supervisor Clark advised that Walmart has requested the Board to
clarify that the Conditional Use Permit proposed for a superstore on the
Benn's Grant site was previously presented under the original Conditional
Use Permit application and accompanied the original rezoning request for the
Benn's Grant development. He advised that Walmart had not been a
signatory party to the original application, nor is Walmart a signatory to the
current revised Conditional Use Permit application. He advised that the
revised application is being presented by the property owners and there is no
contractual arrangement by Walmart to locate at this site and no agreement at
this time has been entered into by the owners and Walmart. He stated that
Walmart does not currently have any plans for a store at that location and it is
Walmart's understanding that the property owner plans to discuss the
possibility of Walmart locating at this site in the future.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed application.
Henry Morgan, applicant, advised that the previous approved
application had a large box store shown on the diagram and the County's
ordinances require that anything over 80,000 square feet require a
Conditional Use Permit. He stated that he has carried on the earlier
application noting a large box retail at that site, however, there is not a
contract with Walmart. He stated that all of the studies are based on a large
supercenter, which could be a Target or Costco, in which case he would be
required to come back before the Board. He stated this would only place
Walmart one (1) step ahead of another potential user. He confirmed that he
does not have a contract at this time with Walmart although he does plan to
make contact with Walmart.
Robbie Younger, Hardy District, spoke against the application as a
small business owner stating that small businesses can not compete against
big -box stores.
Delores Darden, Windsor District, spoke in opposition to a big -box
store locating in the County. She stated that it would bring savings to
individuals who shop there, but she did not believe that it would save $2,500
per individual per year. She stated that big -box stores take away from small
businesses and it is small businesses that keep the country going forward.
She stated that big -box stores are given all types of incentives to locate in an
21
area and when we look at the money that we think we will realize from big -
box stores, she is not sure that the County would receive any personal
property or real estate taxes for the first three (3) to five (5) years. She stated
that the public has been lead to believe that the supercenter in question is a
Walmart and, if the big -box store is not Walmart, then all drawings,
renderings and elevations that the Planning Commission based their decision
on were based on a Walmart. She stated that by using Walmart's renderings
and elevations in the previous application, the County could be setting itself
up for a lawsuit. She stated that using Walmart's renderings and elevations is
simply a ploy by the applicant to get the property rezoned. She stated that
when Walmart begins negotiations with the County, that is when this public
hearing should be held.
Fred Mitchell, Sugar Hill Road, stated that he did not care if it was
Walmart or any other big -box retailer, needed jobs in the County will be
created. He stated that construction of buildings represents jobs for County
citizens. He stated that small businesses will remain in business if they have
good service and offer a quality product.
William Bell, Orbit, called attention to the empty big -box store across
the street from the new Obici Hospital in Suffolk that has been empty for
years and which remains an eyesore today. He stated that he is not
comfortable with Walmart's corporate responsibility. He stated that this
application will be setting a precedent for future applications for big -box
stores. He stated that he really does not believe that Walmart will locate in
the County because there is insufficient population here to support it.
Thomas Finderson, Newport District, stated that a Walmart will bring
$700,000 to $1 million annually in revenue to the County and $2,500 per
family annually. He stated that it is not only the money that an individual can
save in shopping at Walmart, but the decrease in prices that Walmart causes
in the surrounding area. He stated that proposed employment is 351
individuals and that Walmart has a $4 prescription plan. He recalled that in
the aftermath of Hurricane Katrina, Walmart made itself available for
emergency services. He noted that having a Walmart in the area provides the
County with new capabilities in the event of a disaster. He stated with
respect to going dark, the design of the front of the building is such that it
could be divided into four (4) or five (5) stores if needed. He stated that
Walmarts pay an average of $11.17 in Virginia and the only businesses that
would be lost in the County are possibly a RadioShack, pharmacy,
supermarket and a Dollar Store. He urged the Board to support the
application.
Sam Cradshaw, Newport District, stated that there is sufficient
population in the County to support a Walmart and the only time he has ever
seen a Walmart close was to build a bigger store.
22
Ryan Brown, Hardy District, stated that despite the objections of the
community, Walmart is attempting to build their store near the Wilderness
Battlefield. He stated that he does not understand how an organization can
do that with the knowledge and information that has been shared with them.
He stated that everything he needs is in the Town of Smithfield and he wants
it to remain that way. He stated that he is not in favor of a Walmart or big -
box store and he is curious how having one (1) will improve the traffic
situation at Route 10 and Brewer's Neck.
Mr. Morgan clarified that there has been no incentive offered for
anyone to locate in this project, nor will there be. He stated that he is also
willing to pay a commercial proffer, the first in the County, for the right to
develop in the County. He stated that the County's share of the local sales
tax option is $.84 with the other $.16 coming back to the County's two (2)
Towns based upon their population.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark commented that both small and big businesses are the
backbone of America, as well as competition, free enterprise and capitalism
and when government invokes the right to prefer one (1) business over
another business that is socialism and it is not the government's job to get
involved in that.
Supervisor Bradshaw advised that the Board, because it was concerned
with a potential big -box store locating in the County and possibly going dark,
determined that the best way to control big -box stores was to limit the square
footage. He stated if the square footage was exceeded, a Conditional Use
Permit was necessary and, therefore, the Board could place conditions on an
application to require certain things should that business go dark. He stated
when a Walmart was proposed in the City of Franklin, the small businesses in
downtown Franklin were opposed to it. He stated that a Walmart is now
there and a Lowes has built next to it with two (2) family -run hardware stores
further down, which are still in business today. He stated across from that
Walmart is a Farm Fresh, a Dollar Store and Radio Shack, all of which are
thriving.
Supervisor Clark moved that the application be approved with the
following conditions:
1. The site shall be developed in substantial conformance with
the site layout shown on the exhibit titled: "WAL -MART
SUPERCENTER #3832 -00" dated 7/03/07, revised as of
10/04/07 and prepared by Kimley -Horn and Associates,
Inc. (the "Site Exhibit "), and as modified by such
modifications as may be required to accommodate
preliminary and final site plan approval. Any changes to
23
the exhibit referenced in this condition shall be reviewed
and approved by the Development Review Committee.
2. The architectural style, colors (including specific paint
color) and building materials of the retail facility shall be
substantially compatible with the elevations titled: "WAL-
MART PROPOSED SC #3832 FOR BENN'S GRANT,
VA" dated 08/28/07, revised as of December 17, 2007 (the
"Elevations ") and prepared by Perkowitz & Ruth
Architects, and subject to such modifications as may be
required to accommodate preliminary and final site plan
approval. Any changes to the elevations referenced in this
condition shall be reviewed and approved by the Historic
Architectural Review Committee and the Development
Review Committee.
3. Standing seam metal roofing material shall be utilized on
the front facade of the building, as shown on the
Elevations, subject to such modifications as may be
required to accommodate preliminary and final site plan
approval and to accommodate final approval by the
Historic Architectural Review Committee and the
Development Review Committee.
4. The bay doors on the Tire Lube Express area of the store
shall utilize glass, as shown on the Elevations.
5. The front and right side elevations of the building shall
utilize "Atlas Brick" and "Quick Brik" materials in
locations substantially as shown on the Elevations, subject
to such modifications as may be required to accommodate
final approval by the Historic Architectural Review
Committee.
6. In order to maximize pedestrian and landscaping features
on the site, the parking ratio shall be no greater than 4.5
parking spaces per 1000 square feet of gross floor area
within the retail facility.
7. The owner of the retail facility shall supply at a minimum
two (2) bicycle parking racks which accommodate a
minimum of five (5) bicycles each at locations determined
during preliminary and final site plan approval.
8. Any dumpsters, exterior compactors, or bale and pallet
storage areas shall be completely screened from ground
level view with opaque screening materials that are
24
compatible with the architecture and materials of the retail
facility on the site.
9. The signage and lighting plan for the site shall be approved
as part of the preliminary and final site plan review by the
Historic Architectural Review Committee and the
Development Review Committee.
10. Shipping containers or other portable storage containers
shall not be stored on the site.
11. With the exception of areas immediately appurtenant to the
garden center facility specifically shown on the final site
plan, merchandise for sale shall not be sold or stored on the
exterior of the building, or in the parking areas.
12. In the event that the retail facility becomes vacant, the
Owner of the facility shall initiate the following:
a.) List the property for sale and /or lease with a
commercial real estate broker licensed in Virginia
within 30 days of such vacancy.
b.) Utilize commercially reasonable methods to market
the property for sale or lease.
c.)
Continue maintenance on the exterior of the building,
including maintaining landscaping, exterior lighting,
and the parking lot areas free from unnecessary
debris and /or litter.
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 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.
Chairman Brown moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
25
Chairman Brown called for a public hearing on the following:
Tax Exemption Request for Covenant Place, Inc.
Interim County Attorney Burton certified that the matter has been
properly advertised.
Chairman Brown advised that he is a Trustee of that church and has
been a part of that development, which offers low -rent for senior citizens and
is a non - profit organization.
Vice - Chairman Bradshaw called for persons to speak in favor of or in
opposition to the request.
No one appeared and spoke.
Vice - Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Casteen moved that the request be postponed until the
Board's June 11, 2009 meeting. The motion was adopted by a vote of (3 -0-
1) with Supervisors Bradshaw, Casteen and Wright voting in favor of the
motion; Chairman Brown abstaining from discussion and voting on the
matter; Supervisor Clark absent for the vote; and, no Supervisors voting
against the motion.
Chairman Brown called for a public hearing on the following:
An Appropriation Ordinance Pertaining to the Budget of Isle of Wight
County, Virginia for Fiscal Year July 1, 2009 through June 30, 2010
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
AN APPROPRIATION ORDINANCE PERTAINING TO THE
BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA
26
FOR FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010
ADOPTED THE 21 DAY OF MAY, 2009
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to -wit:
(a) By motion at its May 21, 2009 meeting, the Board
approved a budget for fiscal year 2009 - 2010 in the sum of $104,151,405.00;
(b) That lump sum appropriations are hereby made on an
annual basis for fiscal year beginning July 1, 2009, through June 30, 2010,
for separate items, categories, functions and purposes in the budget adopted
by the Board of Supervisors on the 21st day of May, 2009, including the sum
of $ 61,692,005.00 is hereby appropriated to the Isle of Wight County School
Board.
(c) That all proceeds received for the fiscal year beginning July
1, 2009 from the County general tax rate levies, from other Local revenue,
from Federal and State funds and supplements and from all other funds and
sources for general County functions and purposes, including public schools
and public welfare, be credited to the General Revenue Fund of this County,
and, when and if appropriated by the Board of Supervisors of this County,
shall be used for such functions and purposes and to defray the charges and
expenses of said County and all necessary charges incident to or arising from
the execution of the lawful authorization of the Board of Supervisors of this
County;
(d) That the County Administrator is hereby authorized to
make all expenditures in payment of all line items in the budget at any time
during the fiscal year in any amounts so long as those amounts are not greater
than the amounts available in the fund for such item or category and the
County Administrator is hereby authorized to make line item transfers within
categories and from category to category so long as the transfers of line items
are within the budget and do not exceed the funds available for such purpose.
(e) That all encumbered funds which are earmarked for
specific projects, which are not expended during the current fiscal year, will
be carried over as encumbered funds for said projects for the ensuing years
unless the encumbrances are removed by action of the Board of Supervisors.
(f) That the Treasurer of Isle of Wight County is hereby
authorized and directed to transfer to the indicated appropriate "funds" in the
aforesaid budget estimates from the General Revenue Fund, from time to
time, as monies become available, sums equal to but not in excess of the
appropriation herein made to such "funds ", for the functions and purposes
therein indicated from the General Revenue Fund for the period covered by
this appropriation ordinance.
(g) That the Treasurer of Isle of Wight County is hereby
authorized to honor and pay all warrants and to pay out funds from the
various "funds" indicated in said Budget estimates for any contemplated
expenditure for which funds have been made available and appropriated for
such contemplated expenditures.
27
(h) That this Ordinance be entered in the Minutes of this Board
of Supervisors and that a copy thereof by the Clerk of this Board, be
furnished to the Treasurer of this County.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Brown called for a public hearing on the following:
An Ordinance to Impose Tax Rates for Isle of Wight County, Virginia
for Fiscal Year July 1, 2009 through June 30, 2010
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO IMPOSE TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010
ADOPTED THIS 21 DAY OF MAY, 2009
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,
2009, 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
(1950, as amended);
(2) That there is hereby levied for the fiscal year beginning July 1,
2009, 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 (1950, as amended);
(3) That there is hereby levied for the fiscal year beginning July 1,
2009, 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 (1950, as amended);
28
(4) That there is hereby levied for the fiscal year beginning July 1,
2009, a tax of $0.32 per one hundred dollars of assessed valuation on
watercraft, including vessels and ships, weighing five (5) 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,
2009, 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
through 3504 and Section 58.1 -3506 of the Code of Virginia (1950, 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 July 1,
2009, 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 (1950, as amended) and
pipeline distribution companies as defined in Section 58.1 -2600 of said Code,
accruing from sales to the ultimate consumer in the County of Isle of Wight,
Virginia, pursuant to Section 58.1 -3731 of the Code of Virginia (1950, 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 Brown called for a public hearing on the following:
An Ordinance to Implement Personal Property Tax Relief in Isle of
Wight County, Virginia for Calendar Year 2009
Interim County Attorney Burton certified that the matter has been
properly advertised.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
29
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX
RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA
FOR CALENDAR YEAR 2009
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of the County of Isle of Wight, Virginia, to -wit:
That, in accordance with the Personal Property Tax Relief Act, as
adopted by the Virginia General Assembly, the car tax relief for Calendar
Year 2009 shall be set at sixty-two percent (62 %) for vehicles over $1,000.00
in value on the first $20,000.00 in value and for vehicles valued at $1,000.00,
or under, the percentage of relief shall be one hundred percent (100 %).
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Brown called for a public hearing on the following:
Virginia Department of Transportation FY2010 -2015 Six -Year
Improvement Plan
Interim County Attorney Burton certified that the Plan has been
properly advertised.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the FY2010 -2015 Six -Year Plan be
adopted. 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:
An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Chapter 14. Sewers and Sewage Disposal
30
Interim County Attorney Burton certified that the Ordinance has been
properly advertised.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 14. SEWERS AND SEWAGE DISPOSAL.
WHEREAS, in order to update the current Isle of Wight County Code
relative to the provision of sewer services to the citizens of Isle of Wight
County the Isle of Wight County Board of Supervisors has request that staff
and County consultants review and revise the current Isle of Wight County
sewer ordinance to make any and all necessary changes therein; and
WHEREAS, following such review, staff and the County consultants
have proposed significant changes to the sewer ordinance in order to
accurately reflect current costs and practices.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage
Disposal is hereby amended and reenacted as follows:
CHAPTER 14.
SEWERS AND SEWAGE DISPOSAL.
Article I. In General.
§ 14 -1. Effective date.
§ 14 -2. Sanitary facilities -- Required.
§ 14 -3. Definitions.
§ 14 -4. Liability of county for furnishing services.
§ 14 -5. Unlawful to discharge, etc., wastes into system after water service
discontinued.
§ 14 -6. Right of access of county.
§ 14 -7. Additional rules and regulations.
§ 14 -8. Effect of chapter on existing agreements.
§ 14 -8.1. Authority of director of public utilities to enter agreements.
31
§ 14 -8.2. Penalty.
§ 14 -8.3. Alternative sewage disposal options.
Article II. Annual, Sewer Rentals.
§ 14 -9. Imposed, when effective.
§ 14 -10. Amounts generally.
§ 14 -11. Nonresidential improved property to have measuring device.
§ 14 -12. Separate meters for certain nonresidential customers.
§ 14 -13. Calculation of charges where meter device not used.
§ 14 -14. Billings generally.
§ 14 -15. Installation of meters on unmetered improved property.
§ 14 -16. Charges for less than one billing period.
§ 14 -17. Establishment of different classifications and charges.
§ 14-18. Other charges.
§ 14 -19. Authority of county to enter into separate agreements.
Article III. Connection Charges.
§ 14 -20. Charges generally.
§ 14 -21. Installment payments.
§ 14 -22. Reserved.
Article IV. Required Use of Sewers and
Responsibility of Property Owners.
§ 14 -23. Mandatory connection -- Generally.
§ 14 -24. Reserved.
§ 14 -25. Responsibility of owner or tenant.
§ 14 -26. Placing, etc., certain wastes in county prohibited.
§ 14 -27. Certain discharge prohibited.
§ 14 -28. Reserved.
Article V. Applications for Service.
§ 14 -29. Who shall apply.
§ 14 -30. Plan to accompany application.
Article VI. Building Service Connections.
§ 14 -31. Permits -- Required.
§ 14 -32. Same -- Applications.
§ 14 -33. Conditions to be fulfilled.
§ 14 -34. Building or dwelling unit to be connected separately.
§ 14 -35. Costs to be borne by owner.
§ 14 -36. Construction standards -- Generally.
§ 14 -37. Same -- Property served by own system.
§ 14 -38. Inspections required.
§ 14 -39. Maintenance of building sewer.
§ 14-40. Excavations to be barricaded; repair of streets, etc.
Article VII. Reserved.
§ 14 -41. Reserved.
32
Article VIII. Deposits.
§ 14 -42. Authority of county to require.
§ 14 -43. To whom article applicable.
§ 14 -44. Refunds.
Article IX. Collection of Fees, Charges, Etc.
§ 14 -45. Payment of connection charge.
§ 14 -46. Collection of unpaid sums.
§ 14 -47. Billing procedure -- Generally.
§ 14 -48. Same -- Billing of sewer charges, etc., with water bill.
§ 14 -49. Same - -Bills to be mailed to owner's address.
§ 14 -50. Same -- Disconnection notice and second billing notice; re-
connections.
§ 14 -51. Unpaid charges, etc., to constitute lien.
Article X. Vacant Premises, Changes in Occupancy, Etc.
§ 14 -52. Credit, refunds, etc., prior to notice to discontinue service.
§14-53. Right of county to discontinue service until new application for
service made.
§ 14 -54. Consumers vacating premises to notify county.
§ 14 -55. Credit not allowed for service resumed within ninety days.
§ 14 -56. Connection to demolished building to be sealed.
Article XI. Sewer Line Extensions and System Improvements.
§ 14 -57. Extensions -- Residential areas.
§ 14 -58. Same -- Commercial and industrial property.
§ 14 -59. Same- -When required.
§ 14 -60. Same -- Collection main.
§ 14 -61. Same -- Determinations by director of public utilities.
§ 14 -62. Reserved.
§ 14 -63. Reserved.
§ 14 -64. Standards for construction; costs of improvements to be borne by
developer.
§ 14 -65. Reserved.
Article XII. Prohibited Wastes, Treatment and Use of Public Sewers.
§ 14 -66. Wastes to be discharged into system.
§ 14 -67. Stormwater, etc., not to be discharged into sanitary sewer.
§ 14 -68. Prohibited wastes enumerated.
§ 14 -69. Pretreatment facilities.
§ 14 -70. Reserved.
§ 14 -71. Special agreements with county.
Article XIII. Admission of Industrial Wastes Into System and Surcharge
Determinations.
§ 14 -72. Permits for certain industrial wastes -- Required.
§ 14 -73. Same -- Applications -- Generally.
33
§ 14 -74. Same -- Same - -Form.
§ 14 -75. Survey analysis may be required.
§ 14 -76. Certain facilities may be required for pretreatment.
§ 14 -77. Plans, etc., for pretreatment facilities.
Article XIV. Land Application of Biosolids.
§ 14 -78. Findings.
§ 14 -79. Purpose and intent.
§ 14 -80. Authority and severability.
§ 14 -81. Definitions.
§ 14 -82. Prohibited practices.
§ 14 -83. Notice and requirements for land application.
§ 14 -84. Public hearing.
§ 14 -85. Monitoring and sampling.
§ 14 -86. Complaint response.
§ 14 -87. Scheduling.
§ 14 -88. Storage.
§ 14 -89. Financial responsibility.
§ 14 -90. Reimbursement.
§ 14 -91. Effective date.
§ 14 -92. Enforcement.
Article I.
In General.
Sec. 14 -1. Effective date.
This chapter is effective as of July 1, 2009 and upon its adoption
supersedes all previous chapters of like title and subject matter. (1- 16 -97.)
Sec. 14 -2. Sanitary facilities -- Required.
(a) No owner or persons shall construct, allow to be constructed,
maintain, use or permit on any premises, an arrangement for the disposal of
human excrement which may possibly endanger any source of drinking
water, or which allows flies to have access to human excrement or which is
unsafe, unhealthy or unsanitary.
(b) Every dwelling unit shall be connected to the county sewer
system or provided by the owner or owners thereof with approved sanitary
facilities for the catchment and receiving of human excrement, which shall be
built in accordance with the specifications of the state and county health
department. (1- 16 -97.)
Sec. 14 -3. Definitions.
Unless the context specifically indicates otherwise, the meaning of
34
terms used in this chapter shall be as follows:
BOD (biochemical oxygen demand)./ The quantity of oxygen,
expressed in mg /1, utilized in the biochemical oxidation of organic matter
under standard laboratory procedure for five days at twenty degrees
centigrade. The standard laboratory procedure shall be that found in the latest
edition of the "Standard Methods for the Examination of Water and Sewage,"
published by the American Public Health Association.
Building/ or dwelling unit.
(1) Any single- family residential structure; or
(2) Any combination of structures owned by one person, or jointly
by a number of persons as co- tenants, joint tenants or tenants -by-
the- entireties and occupied as a residence or farm by a single -
family; or
(3)
(5)
Each separately owned, leased or occupied part of structures
physically connected in a series, whether the series be vertical or
horizontal, such as row houses, townhouses, duplex houses, twin
houses, condominiums, row or stores or physically connected
commercial or industrial structures, etc.; or
(4) Each apartment in, or each separately leased or occupied part of
or to be separately leased or occupied part of any multiple -
occupancy structure; or
Any single and separate structure owned by one person, or jointly
by a number of persons as co- tenants, joint tenants or tenants -by-
the- entireties and used by the owner or single lessee or occupant
thereof, only for agricultural, commercial, governmental, or
industrial purposes; or
(6) Any other land or separate structure not classified herein is a
building. The county reserves the right to determine the
classification and use of any structure.
Building drain./ That part of the lowest horizontal piping of a drainage
system which receives sewer waste inside the walls of a building and conveys
it to the building sewer.
Building service/ or building sewer. The pipe for conveying waste from
the building drain to the public sewer system or other place of disposal.
Chlorine demand./ The quantity of chlorine absorbed in water, sewage
or other liquids, allowing a residual of one tenth (0.1) ppm, after fifteen
minutes of contact.
35
Color of an industrial waste./ The color of the light transmitted by the
waste solution after removing the suspended material, including the
pseudocolloidal particles.
Consumer/ or customer. The person legally or equitably responsible for
the payment of charges for sewer services rendered by the county.
Development./ The improvement of zoned residential, commercial,
industrial or public property in accordance with county land use,
comprehensive and facilities planning.
Dissolved solids./ The anhydrous residues of the dissolved constituents
in water or wastewater.
Domestic waste./ The normal water - carried household and toilet wastes
from residences, business buildings, institutions and industrial
establishments.
Equivalent dwelling unit (EDU)./ The conversion, with respect to water
consumption of multi- residential, commercial, industrial and institutional
connectors into their residential equivalents on the basis of water use
established for a living unit consisting of three and five - tenths (3.5) persons.
Ground garbage./ Garbage that has been shredded to such a degree that
all its particles will be carried freely under normal sewer flow conditions,
with no particle greater than one -half inch in any dimension.
HRSD./ H.R.S.D.: Acronym for Hampton Roads Sanitation District
which is the regional agency that provides regional transmission and
treatment facilities for wastewater.
Improved property./ Any property within the county upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals, and from which sanitary
sewage or industrial wastes shall be or may be discharged.
Industrial establishment./ Any improved property used, in whole or in
part, for manufacturing, processing, cleaning, laundering or assembling any
product, commodity or article, or from which any process waste, as distinct
from domestic waste, shall be discharged.
Industrial wastes./ Any liquid or gaseous substance, whether or not
solids are contained therein, discharge from any industrial establishment
during the course of any industrial, manufacturing, trade, or business process,
or in the course of the development, recovery, or processing of natural
resources, as distinct from domestic waste.
36
New premises, building or dwelling unit./ Any premises, building or
dwelling unit constructed on property abutting a county sewer line; provided,
however, that such construction occurs after the installation of such sewer
line.
Manhole./ A shaft or chamber leading from the surface of the ground to
a sewer, large enough to enable human access to the latter.
Official connection notice./ A notice in letter form sent by certified
mail, return receipt requested, from the county to the owner of premises,
buildings or dwelling units abutting a county sewer line giving notice to the
owner that the sewer line is available for connection thereto.
Owner./ Any person vested with ownership, legal or equitable, sole or
partial, of any property located in the county.
pH./ The logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution, indicating the degree of acidity or alkalinity of a
substance. A stabilized "pH" will be considered as a "pH" which does not
change beyond the specific limits when the waste is subjected to aeration. It
shall be determined by one of the accepted methods described in the latest
edition of "Standard Methods for Examination of Water and Sewage"
published by the American Public Health Association.
Plumbing Code./ The most current edition of the International
Plumbing Code, published by the International Code Council Inc., as
amended and referenced in the most current edition of the Virginia Statewide
Building Code.
Premises./ A building under one roof owned by one or more parties and
occupied as one residence or business, or combination of buildings owned by
one or more parties in one common enclosure and occupied by one family or
business, or each division of a double or tenant house having a vertical
partition or wall, or a building of more than one apartment and having one or
more entrances, or a building having a number of apartments or offices or
both and having one or more entrances.
Sanitary sewer/ or main. Any pipe or conduit extending within public
right -of -way parallel or nearly parallel to the line of property abutting thereon
and usable for sewage collection purposes, and to which storm, surface and
ground waters are not admitted.
Service connection/ or lateral. That portion of the individual property
service line wholly contained within public right -of -way.
Sewage./ The water - carried wastes from residences, business buildings,
institutions and industrial establishments.
37
Sewer system./ All facilities, as of any particular time, for collecting,
pumping, treating or disposing of domestic waste or industrial wastes on
public -owned property or right -of -way.
Suspended solids./ Solids that either float on the surface of or are in
suspension in water, sewage or other liquids, and which are removable by
laboratory filtration.
Toxic substance./ Any noxious or deleterious substance in sufficient
quantity, either singly or by interaction with other wastes, to injure or
interfere with any sewage treatment process, to constitute a hazard to humans
or animals, to create a public nuisance, or to create any hazard in any sewer
system. (1- 16 -97.)
Sec. 14 -4. Liability of county for furnishing services.
In applying for services, each owner and each customer expressly
stipulates and agrees to the following, in consideration of the service
furnished by the county:
(a) The county shall not be liable to either the owner or the customer,
and no claims shall be made by either against the county on account of
damages from clogged or stopped mains, pipes or attachments to the county's
facilities;
(b) The county shall not be liable for any deficiency or failure in
supplying sewer service occasioned by cessation of service to make repairs,
any temporary restrictions in the use of sewer services during emergency
periods, any restrictions or orders imposed by any government or
governmental agency, or failure from any other cause. (1- 16 -97.)
Sec. 14 -5. Unlawful to discharge, etc., wastes into system after water service
discontinued.
It shall be unlawful for any person whose water or sewer service has
been discontinued, to discharge, empty or dump, or cause to be discharged,
emptied or dumped, any domestic waste or industrial waste into the sewer
system or sewage disposal works. Such conviction shall not relieve any such
owner, lessee, or tenant from payment of the sewage disposal service charges
imposed by the provisions of this chapter. (1- 16 -97.)
Sec. 14 -6. Right of access of county.
The county shall have the right of access at all times to any part of any
improved property served by the sewerage system as shall be required for
purposes of, but not limited to, inspection, observation, measurement,
sampling and testing, and for performance of other functions relating to
service rendered by the county through the sewerage system. (1- 16 -97.)
38
Sec. 14 -7. Additional rules and regulations.
The county reserves the right to adopt, from time to time, such
additional rules and regulations as it shall deem necessary and proper in
connection with use and operation of the sewerage system, which rules and
regulations shall become effective as though set forth herein. (1- 16 -97.)
Sec. 14 -8. Effect of chapter on existing agreements.
No provision herein contained shall be construed so as to provide either
automatic extension of any existing agreements of the county, or the
alteration or impairment of such existing agreements prior to their
termination date. (1- 16 -97.)
Sec. 14 -8.1. Penalty.
Any person found to be in violation of any provision of this chapter for
which no other penalty is provided shall be guilty of a Class 1 misdemeanor,
punishable by either a fine of up to $2,500 or twelve (12) months in jail, or
both . Each day of failure to comply with a requirement of this chapter shall
constitute a separate offense. Any penalty provided for a violation of this
chapter shall be separate and unrelated to any administrative action by the
county for such violation. (1- 16 -97.)
Sec. 14 -8.2. Alternative sewage disposal options.
When the extension of the conventional sewer system is not currently
planned and septic tank technology is not an economically viable option, the
county may authorize the installation of temporary alternative sewage
disposal options, provided that such options are deemed effective and are
approved by all applicable regulatory agencies such as the Virginia
Department of Health and the Isle of Wight County health department.
Connection to county sewer facilities shall be required, should such facilities
become available at any point in the future. (1- 16 -97.)
Article II.
Annual, Sewer Rentals.
Sec. 14 -9. Imposed, when effective.
Sewer rentals or charges are hereby imposed upon and shall be
collected on a regularly scheduled basis from the owner or tenant of each
improved property which shall be connected to the sewerage system for use
of the sewerage system whether such use shall be direct or indirect, which
sewer rentals or charges shall commence and shall be effective as of the date
of application of each such improved property to the sewerage system. (1 -16-
39
97.)
Sec. 14 -10. Amounts generally.
Sewer use or rental charge shall be billed on the following cycles:
(a) Single - family residences shall be billed bi- monthly.
(b) Commercial units, including but not limited to hotels, motels,
restaurants, apartment buildings and shopping centers, shall be
billed monthly.
(c) Industrial facilities shall be billed monthly.
(d) Unusual Cases. For any sewer connection that is considered an
unusual case by the county (i.e., not mentioned in subsections (a)-
(c) of this section), the charge shall be determined by the county
after considering the circumstances of said application.
Any premises, building or dwelling unit connected directly to the HRSD
system shall pay to the county a sewer use or rental change.
Sec. 14 -11. Nonresidential improved property to have measuring device.
All nonresidential improved property which is connected to the
sewerage system may be required to install, maintain and operate water use
measuring devices, approved by the county, on public and /or private water
supply services. (1- 16 -97.)
Sec. 14 -12. Separate meters for certain nonresidential customers.
Nonresidential customers may meter that portion of their water usage
that enters the sewerage system separately from that which is discharged or
used in such a manner that it does not enter the sewerage system. Both meters
shall be provided, maintained and operated by the water customer in a
manner satisfactory to the county. There shall be no sewer use charge for
water usage which is metered separately and does not enter the sewerage
system. (1- 16 -97.)
Sec. 14 -13. Calculation of charges where meter device not used.
When in the judgment of the county it is impractical to utilize
measuring devices as required by this chapter, sewer use charges shall be
determined by such other method as consistent with current state or federal
standards and approved by the county. (1- 16 -97.)
Sec. 14 -14. Billings generally.
No owner of improved properties shall be billed, as to each property,
for less than one EDU. The minimum rental shall be applied to each billing
period. (1- 16 -97.)
Sec. 14 -15. Installation of meters on unmetered improved property.
40
Any owner of unmetered improved property may, with the written
approval of the county, install an approved sealed meter or meters under the
county's supervision, for the purpose of determining water usage or the
amount of sewage discharged into the sewerage system. Upon the basis of
readings from such meter or meters for a period of at least twelve months, the
county may redetermine the number of EDU's for which such improved
property shall be billed. (1- 16 -97.)
Sec. 14 -16. Charges for less or more than one billing period.
For service periods of less or more than one billing period, the sewer
rental and the computation of the volume of water consumed or the volume
of discharge to the sewerage system as applicable shall be proportionately
adjusted. No credit refund or allowance shall be made for nonusers of
service, once a sewer connection has been made to improvements upon all
property. (1- 16 -97.)
Sec. 14 -17. Establishment of different classifications and charges.
Additional classifications and sewer rentals may be established by the
county from time to time as deemed necessary. (1- 16 -97.)
Sec. 14-18. Other charges.
Any premises, building or dwelling unit connected to the county sewer
system shall also pay the applicable HRSD treatment fees, which may from
time to time be adjusted by the provider of the treatment service. (1- 16 -97.)
Sec. 14 -19. Authority of county to enter into separate agreements.
Nothing herein contained shall be deemed to prohibit the county from
entering into separate agreements with owners where, due to seasonable
fluctuations or other unusual circumstances, the sewer rental set forth herein
shall be deemed by the county to be unfair or inequitable. (1- 16 -97.)
Article III.
Connection Charges.
Sec. 14 -20. Charges generally.
(a) Prior to the connection of any premises, building or dwelling unit
to a county sewer system, the applicant shall pay connection and
tap fees based on the size of water meter service as follows:
CONNECTION FEES: CHARGES:
Meter Size:
41
5/8" $4,000
1" $6,400
1 '''A" $9,200
2" $16,000
Master Meter:
Multi- residential facilities (duplex, $3,200
apartment, etc.)
Same rates as illustrated above for first
unit PLUS
A Fee Per Equivalent Dwelling Unit
(EDU)
Hotel, motel, hospital, etc.
Same rates as illustrated above for first
unit PLUS
Number of units divided by 5 times a fee
of:
$3,200
Commercial, business, office, industrial, etc. Maximum total
Same rates as illustrated above PLUS fee not to exceed
$0.33 per gross square foot of floor area. $150,000
When the meter size of the connection exceeds the sizes set forth above, the
applicant shall be required to pay a connection fee as determined by the
county.
(b) When application for service, including payment of fees, for
existing single - family residential, commercial, industrial or institutional
services is made within ninety days after receipt of official connection notice,
the connection fees due will be reduced to one -half of the connection fee
amounts set forth in the current rate schedule.
(b) For a meter serving one or more units, the connection fee shall be
charged for these types of buildings: Single- family, duplexes,
houses, apartments, condominiums, mobile home parks, etc.;
hotel, motel, travel trailer complex, hospital, nursing home, etc.;
Commercial businesses, office, industrial, public buildings and all
others.
(e) Any premises, building or dwelling unit to be connected directly
to the HRSD system, prior to sewer service becoming available, shall pay
one -half of the applicable county connection fee prior to connection to the
HRSD system.
(f) Any premises, building or dwelling unit to be connected to the
county sewer system shall pay in addition to the county connection fee, the
applicable Hampton Roads Sanitation District or Smithfield or Franklin fee
42
which may from time to time be adjusted by these entities.
(g) It is the intent of this section that connection and tap fees be paid
on a per unit basis whether each unit is individually metered or a master
meter is installed for more than one unit.
(h) In those situations in which the premises, building or dwelling
unit is served by either an unmetered water service provided by the county or
by a privately owned water system, the sewer connection fee shall be based
on the equivalent water meter size that would be required to serve such
premises, building or dwelling unit. Such determination of equivalent meter
size shall be made by the department of public utilities.
(i) If the payment of a connection fee is required by the provisions
of this article, then no building permit or other similar permit shall be issued
by the county until the required connection fee is paid in full.
(j) No connection fee shall be required when connection is to be
made to an existing lateral previously used by another building when no
work is required by the county to ready said lateral for connection. (1- 16 -97;
6- 17 -99; 6- 15 -00; 9- 20 -01; 2- 20 -03.)
Sec. 14 -21. Installment payments.
When the application for residential connection is made within ninety
days of receipt of the official notice, the applicant may pay the connection
and tap fees at a rate of twenty percent (minimum) down, paid at the time of
making application and the remainder to be due and payable in equal bi-
monthly payments over a two -year period, together with interest thereon at
the rate of eight percent per annum. Application for installment payments
shall only apply to residential connections and must be made during the
initial ninety -day period. Installment payments due shall constitute a lien
against the property. Surety shall be in a form acceptable to the county
attorney. A contract for payment of the connection fee on an installment basis
must be signed by both the property owner and the county. Failure of the
property owner to pay the installment when due shall cause the imposition of
a penalty of one and one -half percent per month and the county may, at its
option, upon such failure declare the entire outstanding balance to be due and
payable along with any expenses incurred by the county in the collection
thereof. Failure on the part of the property owner to pay the installment when
due shall also prejudice the property owner's right to finance any additional
connection fees on an installment basis. Upon execution of the installment
contract between the county and the property owner, the county shall cause
the property owner to be billed on a periodic basis and provide for the
collection thereof. Payment by the property owner must be no less than the
amount billed but may be for the full amount outstanding. Partial payment for
the minimum amount billed will not be accepted nor will partial payment for
any outstanding balance be accepted. (1- 16 -97.)
43
Sec. 14 -22. Reserved.
Article IV.
Required Use of Sewers and
Responsibility of Property Owners.
Sec. 14 -23. Mandatory connection -- Generally.
All new premises, building or dwelling units where sewer service is
available shall connect to the County sewer system. Where service becomes
available by virtue of extending the county system to serve other subdivisions
or neighborhoods, connection to the County sewer system shall not be
mandatory. All premises, buildings or dwelling units connected directly to
the HRSD system may elect not to connect to the sewer system, however
payment of all remaining balances of applicable fees and charges owed to the
County shall be required. Sewer is deemed to be available to the property to
be connected if service can be provided without unreasonable cost or unusual
construction techniques. As an example, a sewer is not available to a property
when it is within the right -of -way but in order for said property to be served,
the extension will involve unusual construction techniques such as boring
and casing, unusual traffic problems, etc. Availability of sewer may be
declared by the Director of General Services based on costs to provide
service, construction techniques or other unusual conditions. (1- 16 -97.)
Sec. 14 -24. Reserved.
Sec. 14 -25. Responsibility of owner or tenant.
The owner or tenants of each improved property connected to the
sewerage system shall be responsible for all acts insofar as such acts shall be
governed by this chapter. (1- 16 -97.)
Sec. 14 -26. Placing, etc., certain wastes in county prohibited.
It shall be unlawful for any person with access to public sewerage
collection facilities to place, deposit or permit to be deposited in any
unsanitary manner on public or private property within the county, any
human excrement or other objectionable sewerage wastes. (1- 16 -97.)
Sec. 14 -27. Certain discharge prohibited.
It shall be unlawful to discharge to any natural outlet within the county
any wastewater or other polluted waters, except where suitable treatment has
been provided in accordance with subsequent provisions of this chapter. (1-
16-97.)
44
Sec. 14 -28. Reserved.
Article V.
Applications for Service.
Sec. 14 -29. Who shall apply.
Any property owner desiring the introduction of a service connection
from the main to the curb or property line shall first make written application
on a form furnished by the county. (1- 16 -97.)
Sec. 14 -30. Plan to accompany application.
Each application shall be accompanied by a plan of the proposed
service and payment of the required fees to the county. No work shall
commence or service permitted until an approved application has been
returned to the applicant by the county. (1- 16 -97.)
Article VI.
Building Service Connections.
Sec. 14 -31. Permits -- Required.
No person shall uncover, connect with, make any opening into, or use,
alter, or disturb, in any manner, any sewer or any part of the sewer system
without first obtaining a permit, in writing from the county. (1- 16 -97.)
Sec. 14 -32. Same -- Applications.
Application for a permit shall be made by the owner of the improved
property served or to be served, or the owner's duly authorized agent who
shall have proof of authority satisfactory to the county. (1- 16 -97.)
Sec. 14 -33. Conditions to be fulfilled.
No person shall make or cause to be made a connection of any
improved property with the sewer system until such person shall have
fulfilled each of the following conditions:
(a) Such person shall have notified the Department of Inspections of
the desire and intention to connect to the sewer system, and shall have
otherwise satisfied any county requirements respecting such connection;
(b) Such person shall have applied for, and obtained, a permit;
(c) Such person shall have given the county and the Department of
45
Inspections of the county at least twenty -four hours' prior notice of the time
when such connection will be made so that the county may supervise and
inspect the work of connection and necessary testing;
(c) Such person shall have furnished satisfactory evidence to the
county that any connection fee, tap fee or special fee, charged and
imposed by the county and others against the owner of each
improved property who connects such improved property to a
sewer, has been paid. (1- 16 -97.)
(d) Prior to issuance of a final Certificate of Occupancy, an inspection
and approval from the Department of General Services is required.
Sec. 14 -34. Building or dwelling unit to be connected separately.
Except as otherwise provided herein each structure containing four or
less buildings or dwelling units shall have each such building or dwelling
unit connected separately and independently with the sewer system through a
building sewer connection. Grouping of more than one building or dwelling
unit on one building sewer shall not be permitted, except under special
circumstances and for good sanitary reasons or other good cause shown, but
then only after special permission of the county, in writing, shall have been
secured and subject to such rules, regulations, and conditions as may be
prescribed by the county. Cost shall not be considered good reason for
grouping. (1-16-97.)
Sec. 14 -35. Costs to be borne by owner.
All costs and expenses of construction of a building sewer, and all
costs and expenses of connection of a building sewer to the sewer system,
shall be borne by the owner of the improved property to be connected; and
such owner shall indemnify and save harmless the county from all loss or
damage that may be occasioned, directly or indirectly, as a result of
construction of a building sewer or of connection of a building sewer to the
sewer system. (1- 16 -97.)
Sec. 14 -36. Construction standards -- Generally.
A building sewer shall be connected to the sewer system in accordance
with the Plumbing Code at the place designated by the county and where the
lateral is provided. The invert of a building sewer at the point of connection
shall be at a higher elevation than the invert of the lateral to which connection
is to be made. A smooth, neat joint shall be made and the connection of a
building sewer to the lateral shall be made secure and watertight. (1- 16 -97.)
Sec. 14 -37. Same -- Property served by own system.
Where an improved property, at the time connection to the sewer
system is required, shall be served by its own sewage disposal system or
46
device, the existing sewer line shall be broken on the structure side of such
sewage disposal system or device and attachment shall be made, with proper
fittings, to continue such sewer line as a building sewer. (1- 16 -97.)
Sec. 14-38. Inspections required.
No building sewer shall be covered until it has been inspected and
approved by the county's Department of Inspections If any part of a building
sewer is covered before being so inspected and approved, it shall be
uncovered for inspection at the cost and expense of the owner of the
improved property to be connected to the sewer system. (1- 16 -97.)
Sec. 14 -39. Maintenance of building sewer.
Every building sewer of any improved property shall be maintained in
a sanitary and safe operating condition by the owner of such improved
property. (1- 16 -97.)
Sec. 14 -40. Excavations to be barricaded; repair of streets, etc.
Every sewer excavation for a building shall be guarded adequately with
barricades and lights to protect all persons from damage and injury. Streets,
sidewalks and other public property disturbed in the course of installation of
a building sewer shall be restored, at the cost and expense of the owner or his
duly authorized agent of the improved property being connected, in a manner
satisfactory to the county. (1- 16 -97.)
Article VII.
Reserved.
Sec. 14 -41. Reserved.
Article VIII.
Deposits.
Sec. 14 -42. Authority of county to require.
All sewer service customers shall pay a deposit prior to the initiation of
sewer service, except those as exempted herein. The person desiring sewer
service shall deposit with the county an amount equal to the average bill for
that category of sewer customer for which sewer service is being requested,
including utility taxes based thereon, for four months. The amount of said
deposit shall be determined administratively, and adjusted from time to time,
as necessary. (1- 16 -97.)
Sec. 14 -43. To whom article applicable.
47
"Consumers whose credit has not been established" shall include any
consumer who does not own in fee the premises to which sewerage service is
supplied, any consumer whose credit standing has been impaired by reason of
previous delinquent bills and such other classes of consumers as the county
may from time to time determine. (1- 16 -97.)
Sec. 14 -44. Refunds.
(a) Any deposits paid by a sewer service customer and held by the
county shall be returned, upon request, without interest, after said deposit has
been held by the county for six (6) consecutive billing cycles or twelve (12)
months, whichever is greater, provided said account has not been delinquent
during this period. Should the account become delinquent at any time, the
deposit shall be retained by the county until six (6) consecutive billing cycles
have occurred without any delinquency in payment. Upon the satisfactory
completion of the six (6) consecutive billing cycles, said deposits may be
credited to the next bill, provided all outstanding charges and fees, if any,
have been paid. Notwithstanding the provisions contained in this Section 14-
44(a), any deposit paid by a customer who requests termination of service,
who is in good standing, shall be refunded such deposit within 30 days.
(b) An undisputed bill within the meaning of subsection (a) of this
section shall be any bill which the consumer, within fifteen days after mailing
or delivery, shall not have protested in writing to the county. Where a bill
shall have been protested, the payment of the proper amount due within ten
days after notice to the consumer of the county's determination of such an
amount shall be considered the payment of an undisputed bill within the
meaning hereof. (1- 16 -97.)
Article IX.
Collection of Fees, Charges, Etc.
Sec. 14 -45. Payment of connection and tap charges.
The connection and tap fees imposed by Article III of this chapter shall
be payable upon application for permit to make a connection. Sewer rental
charges applicable to the property shall begin to accrue as of the date of
connection. Sewer rental charges shall be as follows:
BI- MONTHLY RATES: CHARGES:
Residential $34.00
Commercial: (Flat fee per schedule or per 1,000
gallons, whichever is greater) $29.00
Hotels & Motels
Restaurants $60.00
Shopping Centers $60.00
48
Industrial Facility $60.00
Per 1,000 gallon metered usage:
6,001 — 12,000 gallons
Over 12,000 gallons
(1- 16 -97.)
Sec. 14 -46. Collection of unpaid sums.
Sec. 14 -47. Billing procedure -- Generally.
49
$3.00
$4.20
In the event customer's account is placed for collection, customer shall
be liable for, in addition to fees charged for termination of service, an
administrative fee of $30.00, to cover the costs associated with the processing
of collection accounts, and an additional fee in the amount of one -third of the
outstanding balance for the costs of collection., including but not limited to
collection agency fees, attorney fees and/or actual court costs .
On a yearly basis, the Isle of Wight County Treasurer's Office shall
prepare a list of accounts deemed to be uncollectible. Said list shall be
reviewed and approved by the finance department and the county
administrator. Upon approval of the county administrator these uncollectible
funds shall be administratively written off in accordance with acceptable
accounting methods. (1- 16 -97; 7- 17 -03.)
The county shall cause the water or wastewater meter, where the sewer
rent is based upon metered water or wastewater discharge, to be read on a
regular basis and shall cause sewer rent bills to be mailed forthwith following
each reading. In the event a meter reading cannot be obtained for a particular
billing period, the sewer bill may be based upon estimated water usage or
wastewater discharge, with an appropriate adjustment made upon subsequent
meter readings. Sewer rent bills shall similarly be mailed on a periodic basis
with respect to each property subject to the flat -rate sewer rent. The first
sewer bill following connection to the sewer system may cover a period
longer or shorter than the regular billing period (but not for a period longer
than twelve months), and shall be prorated accordingly, if the county finds
the same desirable in the administration of the billing procedure. (1- 16 -97; 7-
17-03.)
Sec. 14 -48. Same -- Billing of sewer charges, etc., with water bill.
The amount of any and all sewer charges imposed by the county shall
be shown as separate items from water charges on water use billing
statements and shall be applicable to all such statement of charges for water
service rendered on or after the effective date of these regulations. Sewer
payments required by this article shall be due and payable at the same time as
the water bill. The county shall not accept payment for one service without
payment for the other. Unmetered sewer connections shall be billed without
water usage indicated. (1- 16 -97; 7- 17 -03.)
Sec. 14 -49. Same- -Bills to be mailed to owner's address.
Bills for sewer rent and other services as provided herein shall be
mailed to the owner's, tenant's or other responsible party's address specified
in the application for permit to make the connection and are due and payable
on the date set forth therein. Late fees will be assessed commencing the next
business day after the due date as indicated on the bill. Failure to receive a
bill, as a result of incorrect address or otherwise, shall not excuse
nonpayment of the bill or extend the time of payment. (1- 16 -97; 7- 17 -03.)
Sec. 14 -50. Same — Disconnection notice and second billing notice; re-
connections.
Disconnection notices shall be mailed the day after the due date set
forth on the bill and disconnection services will be scheduled by the
Department of General Services. Such disconnection of service shall occur if
payment, along with any applicable late fees, is not received within ten (10)
days from the date of such disconnection notice. Upon payment of all utility
charges, service re- connection will be made within twenty -four (24) hours of
disconnection, between the hours of 8:30 a.m. and 4:00 p.m. of the next
business day, except in emergency situations and/or severe weather
conditions, which may delay such re- connection.. (1- 16 -97; 7- 17 -03.)
Sec. 14 -51. Unpaid charges, etc., to constitute lien.
Any unpaid sewer rent fees or other charges, together with penalties
and interest thereon, may be collected in the manner provided by state law. In
addition, the county may require that the water supply be shut off to any
property with respect to which any sewer charges imposed hereby are
delinquent until all such charges, together with interest, are paid. In the event
such water supply is owned and operated by another party and is shut off by
such party at the county's request, the consumer shall be charged a $70
penalty. (1- 16 -97; 7- 17 -03.)
Article X.
Vacant Premises, Changes in Occupancy, Etc.
Sec. 14 -52. Credit, refunds, etc., prior to notice to discontinue service.
No credit, refund or allowance shall be made for a nonuser of service
prior to the date when notice is given to the county to discontinue service.
The consumer or owner of record of the particular premises shall be liable to
the county for minimum and excess charges until such notice is given. (1 -16-
97.)
50
Sec. 14 -53. Right of county to discontinue service until new application for
service made.
Upon receiving the completed county form for a change in occupancy
of any premises, the county shall have the right to discontinue service until a
new application has been made and approved and all charges paid to date. (1-
16 -97.)
Sec. 14 -54. Consumers vacating premises to notify county.
Consumers intending to leave the premises vacant for a substantial
period of time should notify the county in writing, otherwise no credit shall
be allowed. (1- 16 -97.)
Sec. 14 -55. Credit not allowed for service resumed within ninety days.
No credit shall be allowed a consumer on the minimum charges where
the same consumer requests the service to be again continued within a period
of less than ninety days. (1- 16 -97.)
Sec. 14 -56. Connection to demolished building to be sealed.
When any structure presently connected to the sewer is demolished, the
connection from such building to the sewer shall be removed and plugged
with an approved seal to prevent the entry of water into the sewer. Such
watertight seal shall be inspected by the county prior to backfill. The county
reserves the right to charge and command a fee for this inspection. (1- 16 -97.)
Article XI.
Sewer Line Extensions and System Improvements.
Sec. 14 -57. Extensions
The extension of sewer service to county residence not currently
receiving such service shall be accomplished in accordance with the
following general principles:
(1) Extension shall be made in a manner so as to promote orderly
growth, protect health and environment, serve requested
extensions and promote the general public interest.
(2) Property owners shall bear responsible for the cost of installing
sewer extensions to and within their neighborhoods or other
development type.
(3) The county shall be responsible for the maintenance, operation
and control of sewer facilities after dedication and acceptance by
the county.
51
(b) Any property owner or neighborhood community desiring to
have sewer service extended to their residence shall apply in writing to the
Director of General Services. In the case of a neighborhood request, a
minimum of 66.7 percent ( 2/3) of the homeowners in the requesting area are
required before the request will be considered. The request(s) must be made
by the legal title holder(s) for the property.
(c) Extensions of sewer service to commercial and industrial
property may be requested by a letter from the president, board chairman or
principal of the corporation desiring service.
(d) Applications shall contain information and plans in sufficient
detail to enable the Director of General Services to determine the adequate
size of facilities necessary for the proposed extension and anticipated future
growth.
(e) Approval for construction of a sewer extension project must be
obtained from the Isle of Wight Board of Supervisors following
recommendation for the project by the Director of General Services.
(f) Upon approval of a sewer extension project, property owners will
be required to sign documentation indicating a firm commitment to connect
to sewer service when it become available and commitment to extension
charges required for the project.
(g) The county may extend sewer service at its own discretion in the
following circumstances:
(1) To Alleviate Health and/or Environmental Concerns: When the
Isle of Wight County Health Department certifies that a health
problem exists in a curtain area, the county may order the
extension of sewer service to said area. The county may require
assessments of property owners of said area under the same
procedure set out in 14- 57(i).
(2) To Serve Requested Projects: Upon receipt of a valid application
for sewer extension, the county may order the extension of sewer
service to the applying area. The county will evaluate application
based on the following or similar criteria:
• History of current sewer service failures
• Size of the requesting area/neighborhood
• Risks to public health and the environment
• Availability of reasonable alternatives, and
• Cost to provide sewer service
The property(s) to be served will be assessed under the same
procedure set out in 14- 57(i).
(3) Greater Public Interest: The county Board of Supervisors may at
its discretion or upon recommendation of the Director of General
52
Services, authorize the construction of sewer extensions where it
deems said construction to be in the greater public interest and in
the general public welfare.
(h) Property owners in which sewer service is extended will be
required to pay for the cost of extending this service, including design,
permitting and construction related costs. The county, at its discretion, may
share in the cost of providing such service, specifically if said extension is
anticipated to service future development in the service area.
(i) The extension charge to property owners shall be based on the
total project costs, less county's share (if any), allocated to property owners
based on property water meter size in accordance with the American Water
Works Association (AWWA) standard meter equivalents.
Meter Equivalent
5/8" 1.0
3/4" 1.5
1" 2.5
1 1/2" 5.0
2" 8.0
3" 16.0
4" 25.0
(j) Payments of extension charges are due before initiation of the
sewer extension project.
(k) The county may, at its discretion, finance extension charges for a
period not to exceed 10 years. Interest charges associated with the financing
shall correspond with the county debt used to complete the extension project.
For property choosing to finance extension charges, a lien shall be placed
upon the property until such time the extension charges are paid in full.
(1) Upon transfer of title of any property with an outstanding balance
associated with financed sewer extension charges, these charges shall be paid
in full.
(m) Extension charges represent a cost separate from county
connection and tap fees. Connection and Tap On Fees are due from the
connection property owner at the time of connection.
Sec. 14 -58. Same -- Commercial and industrial property.
Extensions of sewer service to existing commercial and industrial
property, within development service districts and other designated areas, if
not proposed as part of the county's current sewer construction program, may
be requested of the county by a letter from the president, board chairman or
principal of the corporation desiring such service. (1- 16 -97.)
Sec. 14 -59. Same - -When required.
New commercial and /or industrial construction or development,
53
manufactured home parks, multiple dwellings and all subdivisions of five lots
or more, within development service districts and other specifically
designated areas, shall be required to install sewer systems in the
development, and to dedicate the systems to the county. The developer will
be required, at the discretion of the county, to extend the county system, in
accordance with the master plan to the proposed development, or to provide
dry sewers and local onsite facilities (i.e. septic tanks, etc.), in compliance
with all applicable regulations, for the development. An agreement between
the county and the developer shall state the improvements required.
Requirements of developers for development, not within development service
districts and other specifically designated areas, regarding the provision of
sewer facilities, will be established by, and at the discretion of, the county.
(1- 16 -97; 6- 15 -00; 6- 21 -01.)
Sec. 14 -60. Same -- Collection main.
Property owners requesting or required to extend sewer service shall
extend the collection main longitudinal to the front property line and to
within five feet of the furthest extremity of such property. (1- 16 -97.)
Sec. 14 -61. Same -- Determinations by Director of General Services.
Petitions and corporate letters may be referred by the board of
supervisors to the director of general services for determination of affected
property owners or area and for feasibility review. The director of general
services shall recommend a course of action to the board of supervisors based
on review findings and recommendations. (1- 16 -97.)
Sec. 14 -62. Reserved.
Sec. 14 -63. Reserved.
Sec. 14 -64. Standards for construction; costs of improvements to be borne by
developer.
Extensions of interceptors, trunk lines, collector mains and laterals, and
construction of pumping stations necessary to provide gravity sewer service
for a new development shall be installed by and at the total expense of the
developer unless otherwise agreed to in advance by the county. Materials and
methods of construction shall be in strict accordance with the county's
construction specifications for sewer facilities; engineering submittals and
design shall be reviewed and approved by the county. All charges for service
rendered by the county, including full -time inspection and engineering
review, shall be paid in full by the developer with no expense to the county,
as provided in an agreement to be executed between the developer and the
county. The completed system shall be conveyed to the county in proper legal
form for ownership and, in the county's discretion, operation. (1- 16 -97.)
54
Sec. 14 -65. Reserved.
Article XII.
Prohibited Wastes, Treatment and Use of Public Sewers.
Sec. 14 -66. Wastes to be discharged into system.
All domestic wastes and authorized industrial wastes shall be
discharged into the sewer system except those which are deemed harmful to
the system and which are specifically prohibited or not required by this
chapter, or are otherwise disallowed under state law. (1- 16 -97.)
Sec. 14 -67. Stormwater, etc., not to be discharged into sanitary sewer.
No person shall discharge or cause to be discharged any storm water,
surface water, groundwater, roof runoff, subsurface drainage,
uncontaminated cooling water or unpolluted industrial process waters into
any sanitary sewer. Where existing surface water or roof drains are connected
to the sewer system, they shall be removed within ninety days of receipt of a
notice from the county to remove such connection. In the event such
connection is not removed, the county shall cause such connection to be
removed at the owner's expense. (1- 16 -97.)
Sec. 14 -68. Prohibited wastes.
No person shall discharge or cause to be discharged into any portion of
the sewerage system, directly or indirectly, any wastes which may violate any
law or governmental regulation or have an adverse or harmful effect on the
sewerage system, maintenance personnel, wastewater treatment plant
personnel, processes, or equipment, treatment plant effluent quality, sludge
quality, public or private property, or which may otherwise endanger the
public, the local environment or create a nuisance. Discharges of the
following are prohibited:
(a) Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid,
solid, or gas that may cause flammable or explosive conditions, including but
not limited to, waste streams with a closed cup flashpoint of less than 140
degrees Fahrenheit or 60 degrees centigrade using test methods specified in
40 CFR 261.21;
(b) Any toxic or poisonous solids, liquids or gases in such quantities
that, alone or in combination with other wastewater constituents, may
interfere with the sewage treatment process or sludge disposal, cause acute
worker health and safety problems, materially increase the cost of treatment,
or constitute a hazard to any beneficial stream use, including recreation,
ascribed to the receiving waters of the effluent from the sewage treatment
plant;
55
(c) Any waste having a pH in violation of requirements as provided
on 40 CFR Part 403 or having any detrimental characteristics that may cause
injury or damage to persons or property;
(d) Any solids or viscous substances that may cause obstruction to
flow or be detrimental to sewerage system operations. These objectionable
substances include, but are not limited to, asphalt, dead animals, offal, ashes,
sand, mud, straw, industrial process shavings, metals, glass, rags, feathers,
tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshing,
entrails, paper dishes, paper cups, milk containers, or other similar paper
products, either whole or ground;
(e) Any significant quantities of unpolluted water such as rainwater,
stormwater, groundwater, street drainage, yard drainage, water from yard
fountains, pond or lawn sprays;
(f) Any water added for the purpose of diluting wastes which would
otherwise exceed applicable maximum concentration limitations for any
wastewater constituent;
(g) Any petroleum or mineral based oils (non - saponifiable) and /or
any animal or vegetable -based oils, fats, or greases which in excess
concentrations would tend to cause interference, pass through, or adverse
effects on the sewerage system, as determined by the owners of the sewer
systems and treatment facilities;
(h) Any wastes with excessively high BOD, COD, or decomposable
organic content or any significant quantities of wastewater with a COD to
BOD ratio exceeding six to one;
(i) Any strongly odorous wastes or waste tending to create odors
(j) Any waste containing dissolved sulfides in amounts which would
be hazardous, cause damage to the sewerage system, or create a public
nuisance;
(k) Any substance promoting or causing the promotion of toxic
gases;
(1) Any wastes that will increase the temperature of the treatment
plant influent to greater than 104(F) 40(C);
(m) Any wastes requiring the introduction of an excessive quantity of
chlorine or any other compound for sewage treatment purposes;
(n) Any excessive amounts of deionized water, distilled water, steam
condensate, heating and /or air conditioning condensate or cooling water, and
56
discharges from heat pumps;
(o) Any waste producing excessive discoloration of wastewater or
treatment plant influent;
(p) Any waste containing substances that may precipitate, solidify, or
become viscous at temperatures between 50(F) 10(C) and 100(F) 38(C);
(q) Any significant quantities of solid waste material that is not
ground sufficiently to pass through a three - eighths -inch screen;
(r) Any excessive quantity of blown -down or bleed water from
cooling towers or other evaporative coolers exceeding one -third of the
makeup water;
(s) Any significant quantities of single pass cooling water;
(t) Any quantities of radioactive material wastes which are in
violations of applicable local, state, and federal regulations;
(u) Any significant quantities of inorganic material;
(v) Any discharge of any pollutant release at a flow rate and/or
pollutant concentration that would result in interference, cause adverse
effects or pass through at the treatment plant;
(w) Any discharge not in compliance with all standards as set forth in
40 CFR Chapter 1, Subchapter N, Parts 401 -471 (National Categorical
Standards);
(x) Any significant quantity of toxic organic (TO) which exceeds
2.13 mg/1, or in which any one toxic organic compound exceeds 1.0 mg/1, or
in which the BTEX (Benzene, Toluene, Ethylbenzene and Xylene)
concentration exceeds 1.0 mg/1;
(y) Concentrations of any of the following constituents exceed the
particular limitations set forth by HRSD, the city of Franklin, and the town of
Smithfield:
Arsenic
Cadmium
Chromium, total
Copper
Cyanide
57
Lead
Mercury
Nickel
Phenolic compounds
Silver
Zinc
Oil & grease
(z) Any other wastes prohibited by the Hampton Roads Sanitation
District, or the city of Franklin, and the town of Smithfield. (1- 16 -97.)
Sec. 14 -69. Pretreatment facilities.
Where necessary, all owners will install suitable pretreatment facilities
in order to comply with section 14 -68. Plans, specifications, and any other
pertinent information relating to proposed facilities for preliminary treatment
and handling of wastes will be submitted for approval of the county and, to
the extent necessary, any other authority, municipality, or governmental
agency having jurisdiction. Such jurisdictional agencies shall determine or
approve minimum design criteria. Construction of any such facility will not
begin until approval is first obtained, in writing, from the county and such
agencies. Whenever facilities for preliminary treatment and handling of
wastes have been provided by any owner, these facilities shall be
continuously maintained, at the expense of the owner, in satisfactory
operating condition. The jurisdictional agencies will have access to such
facilities at reasonable times for the purpose of inspection and testing. (1 -16-
97.)
Sec. 14 -70. Reserved.
Sec. 14 -71. Special agreements with county.
Nothing contained in this article shall be construed to prohibit any
special agreement or arrangement between the county and any person,
whereby wastes of unusual strength or character may be admitted into the
sewer system by the county, either before or after preliminary treatment;
provided, that such special agreement or arrangement also is approved as
necessary by any other authority, municipality, or governmental agency
having jurisdiction. (1- 16 -97.)
58
Article XIII.
Admission of Industrial Wastes into System and Surcharge Determinations.
Sec. 14 -72. Permits for certain industrial wastes -- Required.
The discharge into the sewer system of industrial wastes having any of
the characteristics regulated by HRSD, the city of Franklin, and the town of
Smithfield shall be subject to prior review and permit award by the county
after approval by any other authority, municipality, or governmental agency
having jurisdiction. (1- 16 -97.)
Sec. 14-73. Same -- Applications -- Generally.
Prior to discharging such waste into the sewer system, or prior to
continuing the discharge of such waste into the sewer system, the owner of
the property from which such discharge is proposed to be made shall apply to
the county and any other agencies having jurisdiction, in writing, for a permit
to make such a discharge. Such permit shall be reviewed annually, with
resubmittal of current operating data. (1- 16 -97.)
Sec. 14 -74. Same -- Same - -Form.
Such application shall be made on industrial waste permit application
forms furnished by the county and other agencies having jurisdiction. Such
forms shall contain all pertinent data including, but not limited to, estimated
or actual quantity of flow, character of waste, maximum rate of discharge and
proposed pretreatment facilities, together with any plans, specifications, or
other information considered pertinent in the judgment of the county. (1 -16-
97.)
Sec. 14 -75. Survey analysis may be required.
Where necessary, in the opinion of the county or any other authority,
municipality, or governmental agency having jurisdiction, the property owner
shall provide, at owner's expense, a survey analysis and report by a registered
professional engineer acceptable to the county. (1- 16 -97.)
Sec. 14 -76. Certain facilities may be required for pretreatment.
Whenever necessary, in the opinion of the county or others having
jurisdiction, the owner of an improved property shall provide, at owner's
expense, such facilities for preliminary treatment and handling of industrial
wastes as may be necessary to satisfy the requirements of the owner of the
receiving wastewater treatment facility. (1- 16 -97.)
Sec. 14 -77. Plans, etc., for pretreatment facilities.
59
Plans, specifications, and any other pertinent information relating to
proposed facilities for preliminary treatment and handling of industrial
wastes shall be submitted for approval to the county and others having
jurisdiction, and no construction of any such facility shall be commenced
until approval thereof first shall have been obtained, in writing, from the
county, and until approval thereof first shall have been obtained from any
governmental regulatory body having jurisdiction. (1- 16 -97.)
Article XIV.
Land Application of Biosolids.
Sec. 14 -78. Findings.
The Isle of Wight County board of supervisors finds that the improper
spreading, placement, disposal or management of biosolids without
appropriate regulation, notice and monitoring may result in adverse effects to
the general health, safety and welfare of the citizens of Isle of Wight County
and to agricultural lands, water supplies, wildlife, livestock, natural resources
and the environment. (8- 8 -05.)
Sec. 14 -79. Purpose and intent.
This article is intended to ensure laws and regulations governing the
land application of biosolids are properly implemented and enforced, and to
secure and promote the health, safety and welfare of the county's citizens; to
deter the creation of a public nuisance and to prevent pollution of the waters
and soils of the county related to land application of biosolids. In carrying out
this article, the county will test and monitor the application of biosolids to
agricultural land within its boundaries as authorized by the Code of Virginia
and applicable regulations. This authority is granted to local governments by
Code of Virginia sections 62.1- 44.19:3 and 32.1 -164.5 et seq., to provide for
the testing, monitoring and enforcement of land application of biosolids
within the political boundaries of the county and to ensure compliance with
applicable laws and regulations. This article is not intended to regulate the
land application of animal wastes or manures or exceptional quality
biosolids. (8- 8 -05.)
Sec. 14 -80. Authority and severability.
This article is adopted pursuant to the authority granted by the Code of
Virginia, including but not limited to, sections 15.2 -1200 et seq., 15.2 -2200
et seq., 15.2 -2283 et seq., 62.1- 44.19:3 and 32.1 -164.2 et seq. In the event
that any portion of this article is declared void for any reason, such decision
shall not affect the remaining portions of the article, which shall remain in
full force and effect, and for this purpose, the provisions of this article are
hereby declared to be severable. (8- 8 -05.)
60
Sec. 14 -81. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning:
Biosolids./ A sewage sludge that has received an established treatment
for required pathogen control and is treated or managed to reduce vector
attraction to a satisfactory level and contains acceptable levels of pollutants,
such that it is acceptable for use for land application, marketing or
distribution in accordance with state law and regulations.
Biosolids monitor./ An employee or agent of Isle of Wight County
charged with the responsibility of ensuring that the land application of
biosolids is conducted in accordance with this article and applicable federal
and state laws and regulations. The biosolids monitor shall be appointed by
the Isle of Wight County board of supervisors on the recommendation of the
county administrator.
Exceptional quality biosolids./ Biosolids that have received an
established level of treatment of pathogen control and vector attraction
reduction and contain known levels of pollutants, such that they may be
marketed or distributed for public use in accordance with state regulations.
Land application./ The distribution of either treated wastewater of
acceptable quality, referred to as effluent, or stabilized sewage sludge of
acceptable quality, referred to as biosolids, upon, or inserted into, the land
with a uniform application rate for the purpose of utilization, or assimilation.
Land applier./ Someone who land applies biosolids pursuant to a valid
permit issued by the Virginia Department of Health.
Nutrient management plan./ A plan prepared by a person certified by
the Commonwealth of Virginia as a nutrient management planner and
otherwise meeting the requirements set forth by state law and regulation.
Owner./ A person who holds legal title, equitable title, a leasehold
interest or the right of possession or control over land.
Permit./ An authorization granted by the Commonwealth of Virginia
Department of Health to land apply biosolids.
Permittee./ Any person who holds a permit authorizing the land
application of biosolids.
Sewage sludge./ Any solid, semisolid, or liquid residues, which contain
materials, removed from municipal or domestic wastewater during treatment,
including primary and secondary residues. Other residuals or solid wastes
61
consisting of materials collected and removed by sewage treatment, septage
and portable toilet wastes are also included in this definition. (8- 8 -05.)
Sec. 14 -82. Prohibited practices.
(a) No person shall dispose of sewage sludge, including biosolids, on
land located in Isle of Wight County except in accordance with federal and
state law and regulations and this article.
(b) No person shall apply biosolids on lands in Isle of Wight County
until all of the procedural requirements set forth in this article, as well as
those set forth in applicable federal and state laws and regulations, have been
satisfied. No owner shall permit land application of biosolids in Isle of Wight
County until all of the procedural requirements set forth in this article, as
well as those set forth in applicable federal and state laws and regulations,
have been satisfied.
(c) No person shall apply and no owner shall permit the application
of sewage sludge to land in Isle of Wight County other than biosolids that
have been approved by the regulations of the Virginia Department of Health
or Department of Environmental Quality.
(d) No person shall apply biosolids to land in Isle of Wight County
except pursuant to a valid permit issued by the Virginia Department of
Health, in compliance with all applicable federal and state statutes and
regulations, and in accordance with the provisions of this article. (8- 8 -05.)
Sec. 14 -83. Notice and requirements for land application.
(a) Land application of biosolids is authorized only in districts zoned
to permit agricultural activity.
(b) Any person proposing or intending to land apply biosolids to
lands in Isle of Wight County shall notify the county biosolids monitor in
writing at least one hundred days prior to any intended land application of
biosolids, or as otherwise required by state law or regulation. Upon receipt of
such notice, the biosolids monitor shall notify the Isle of Wight County board
of supervisors.
(c) The notice provided to the biosolids monitor shall include the
following information:
(1) The name, address and telephone number of the applicant;
(2) The tax map numbers of the parcels where land application will
occur;
(3) The name, address and telephone number of the owner of the
62
property where the land application will occur;
(4) The name, address and telephone number of all adjoining
landowners;
(5) The name, address and telephone number of the hauler of the
biosolids;
(6) The estimated date range on which land application will occur
and the duration of the planned application;
(
(8) Information on proposed haul routes and alternative haul routes
on a county map;
(9)
A copy of the current state permit and any other state or federal
permits authorizing the land application;
A copy of the Nutrient Management Plan (NMP) and any water
quality assessments as required by state law and regulation;
(10) A certificate of insurance pursuant to section 14 -88 of this article.
(d) The biosolids monitor will notify adjoining landowners in
writing in advance of field operations by the permittee. Such notices shall be
sent via first class mail to the last known address of each adjoining
landowner according to county land records, and shall be sent upon receipt of
any spreading schedule received from the permittee. Potential conflicts
between operating schedules and adjoining landowner activities will be
brought to the attention of the permittee in writing at least one week in
advance of the scheduled activity so that the schedule for spreading biosolids
can be adjusted to minimize potential nuisance.
(e) The county shall review the documentation provided with the
notice and shall notify the applicant in writing of any deficiencies in the
submittal within twenty days of receipt. The applicant will have ten business
days to correct and amend the deficiencies unless otherwise permitted by the
county in writing.
(f) At least fourteen days prior to the anticipated land application of
biosolids to any site within Isle of Wight County, the permittee shall post a
conspicuous sign, of a type approved by the biosolids monitor, which shall
state the approximate date of the proposed application, the name and
telephone number of the biosolids monitor or his designee, and the name and
telephone number of a contact person for the permittee. (8- 8 -05.)
Sec. 14 -84. Public hearing.
(a) Upon receipt of notice from the Commonwealth of an application
63
to apply biosolids within the county, the Isle of Wight County board of
supervisors may, at its next regularly scheduled meeting, set the matter down
for public hearing. The biosolids monitor shall provide written notice
adjoining landowners of the application for a biosolids land application
permit. The biosolids monitor shall also provide written notice of the public
hearing to the applicant and adjoining landowners.
(b) After reviewing all the information required to be submitted
pursuant to section 14 -83 of this article, along with any public comments
received from Isle of Wight County citizens during public hearings pursuant
to this section, if any, the county may provide the Virginia Department of
Health, as provided by state law and regulation, and all other parties the
county deems appropriate, with any comments concerning the proposed land
application of biosolids. (8- 8 -05.)
Sec. 14 -85. Monitoring and sampling.
(a) By agreeing to accept biosolids for land application, the owner of
the property on which land application takes place agrees to allow the
biosolids monitor access to the land application site for the purpose of
monitoring land application activities. It is the responsibility of the permittee
to ensure that the property owner is advised of this requirement. The
biosolids monitor shall make diligent efforts to make contact with the
property owner prior to entering the property.
(b) The permittee and owner shall allow the county to take samples
at the application site before, during and after the application. Any test
samples shall be analyzed at a lab qualified to conduct such analysis and the
county health department may review these test results to determine
compliance with applicable laws and regulations. At the request of the land
applier, the biosolids monitor will provide the land applier with a split
sample.
(c) At the request of the biosolids monitor, the land applier or
permittee shall provide the most recent analysis results for biosolids that are
land applied at any site in the county. (8- 8 -05.)
Sec. 14 -86. Complaint response.
(a) The biosolids monitor shall immediately notify the Virginia
Department of Health, the land applier or permittee and the owner of all
complaints concerning the land application of biosolids.
(b) The biosolids monitor shall immediately notify the owner and
permittee of any failure to follow the requirements of the permit resulting in
the improper application of biosolids or in the spillage of biosolids onto
public streets or rights -of -way or on property outside the area authorized by
the permit.
64
(c) The permittee shall immediately respond to undertake
appropriate corrective action for improperly applied biosolids, or to clean up
biosolids spilled onto public streets, roadways or other unpermitted areas,
immediately upon receiving such notification.
(d) In the event that the permittee does not respond to notification of
spillage or improper application within thirty-six hours, and, if the county
conducts the cleanup of spilled biosolids, the permittee shall compensate the
county for the actual costs of such cleanup.
(e) The permittee is responsible for ensuring that the tracking of
biosolids from land application sites onto public roads is minimized and that
biosolids that are dragged or tracked out from land application sites are
promptly removed from unauthorized lands and public roads and highways.
For purposes of this subsection, the tracking or dragging of spillage onto
lands other than as shown in the permit, including highways, is deemed to be
improper application. (8- 8 -05.)
Sec. 14 -87. Scheduling.
The permittee will, at the request of the biosolids monitor, make all
reasonable efforts to schedule land application activities so as to avoid
conflicts with school, community or social events in the vicinity of the land
application site. (8- 8 -05.)
Sec. 14 -88. Storage.
Biosolids shall be land applied as they are received at the site unless
land application is precluded by unforeseen weather conditions or other
circumstances beyond the control of the permittee. Biosolids shall not be
stored at any site in Isle of Wight County other than storage that is approved
in accordance with the law and regulations of the Virginia Department of
Health. (8- 8 -05.)
Sec. 14 -89. Financial responsibility.
(a) Prior to applying any biosolids on any site in Isle of Wight
County, land appliers shall provide the biosolids monitor with evidence of
liability insurance coverage or other evidence of financial responsibility in an
amount sufficient to cover losses and claims arising from the land
application, transportation or hauling of biosolids and related activities in the
county as shall be determined by the Isle of Wight County board of
supervisors in accordance with applicable federal and state laws and
regulations. Such insurance or other form of financial responsibility shall be
maintained in full force and effect throughout the time that the land applier is
engaged in the land application of biosolids in the county and shall name Isle
of Wight County as beneficiary or an additional insured. The permittee shall
65
provide the biosolids monitor with certificates of insurance and shall
promptly notify the biosolids monitor of any proposed cancellation or
modification of insurance coverage.
(b) Prior to applying any biosolids on any owner's land, the land
applier shall agree to indemnify the owner from any claims arising from the
land application of biosolids for a period of not less than three years from the
date of application. (8- 8 -05.)
Sec. 14 -90. Reimbursement.
The Isle of Wight County shall submit requests for reimbursement for
the costs and expenses of testing and monitoring of land application and
related activities as are allowed by applicable state law, regulations, manuals,
guides and procedures. (8- 8 -05.)
Sec. 14 -91. Effective date.
This article is effective immediately. Any land application that is in
progress on the date this article is adopted, and any land application that was
scheduled before the effective date of the ordinance codified in this article,
shall be deemed in compliance with this article provided that application is
completed within thirty days after the effective date of the ordinance codified
in this article. (8- 8 -05.)
Sec. 14 -92. Enforcement.
(a) Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating, causing or permitting the violation of any
of the provisions of this article shall be guilty of a class 1 misdemeanor and
upon conviction thereof, may be punished as provided in section 18.2 -11 of
the Code of Virginia (1950), as amended. Each and every day during which
any portion of any violation is committed, continued or permitted shall
constitute a separate offense.
(b) The biosolids monitor shall have the authority to order the
abatement of any violation of state law or regulation. The abatement order
shall identify the activity constituting the violation, specify the code
provision or regulation violated by the activity and order cessation and
correction of the violation.
(c) The Isle of Wight County board of supervisors may bring suit to
enjoin, restrain, correct or prevent any violation of this article. (8- 8 -05.)
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.
66
WATER.
Chairman Brown called for a public hearing on the following:
An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Chapter 16.1. Water
Interim County Attorney Burton certified that the Ordinance has been
properly advertised.
Chairman Brown called for persons to speak in favor of or in
opposition to the request.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
CHAPTER 16.1.
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 16.1. WATER.
WHEREAS, in order to update the current Isle of Wight County Code
relative to the provision of water service to the citizens of Isle of Wight
County, the Isle of Wight County Board of Supervisors has request that staff
and County consultants review and revise the current Isle of Wight County
water ordinance to make any and all necessary changes therein; and
WHEREAS, following such review, staff and the County consultants
have proposed significant changes to the water ordinance in order to
accurately reflect current costs and practices.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 16.1. Water is hereby amended
and reenacted as follows:
Article I. In General.
§ 16.1 -1. Definitions.
§ 16.1 -2. Additional rules and regulations.
§ 16.1 -2.1. Authority of department of public utilities to enter contracts for
water service; agreement.
67
Article II. Meters.
Article III. Billings.
§ 16.1 -11. Generally.
§ 16.1 -12. Service disconnection.
Division 1. Generally.
§ 16.1 -3. Number of meters permitted per premises.
§ 16.1 -4. Calculation of charges for premises served by more than one meter.
§ 16.1 -5. Separate taps required.
§ 16.1 -6. County to furnish, etc., meters.
§ 16.1 -7. Installation of meters; faulty meters; testing.
Division 2. Rates.
§ 16.1 -8. Imposed; when effective.
§ 16.1 -9. Amounts -- Generally.
§ 16.1 -10. Same -- Unmetered customers.
Article IV. Connections.
§ 16.1 -13. When required.
§ 16.1 -14. Who may make.
§ 16.1 -15. Charges generally.
§ 16.1 -16. Application for connection; county to determine size and location.
§ 16.1 -17. Conditions of service.
§ 16.1 -18. Liability of county.
§ 16.1 -19. Private connections to county system prohibited.
§ 16.1 -20. Contract required.
§ 16.1 -21. Service for contractors for construction purposes.
§ 16.1 -22. Penalties.
Article V. Fire Protection.
§ 16.1 -23. Connections for fire protection other than public hydrants.
§ 16.1 -23.1. Installation of fire hydrants.
§ 16.1 -24. Prohibited use of hydrants.
§ 16.1 -25. Reserved.
Article VI. Cross - Connection Control Program.
§ 16.1 -26. Restriction on interconnections with the county's utility systems;
cross - connection control program.
Article VII. Water Line Extensions and System Improvements Within
Currently Defined Development Service Districts and Other Designated
Areas.
§ 16.1 -27. Extensions -- Residential areas.
§ 16.1 -28. Same -- Commercial or industrial property.
§ 16.1 -29. Same -- Determinations by Department of Public Utilities.
§ 16.1 -30. Reserved.
68
§ 16.1 -31. Same - -Duty of property owners.
§ 16.1 -32. Reserved.
§ 16.1 -33. Standards for construction; costs of improvements to be borne by
developer.
§ 16.1 -34. Reserved.
§ 16.1 -35. Certain developments required to extend water service.
Article VIII. Emergency Procedures During Water Shortages.
§ 16.1 -36. Purpose.
§ 16.1 -37. Procedures.
§ 16.1 -38. Written report required.
§ 16.1 -39. Penalties for noncompliance.
§ 16.1 -40. Notice of cessation of emergency.
Article I.
In General.
Sec. 16.1 -1. Definitions.
Unless the context specifically indicates otherwise, the meanings of
terms used in this chapter shall be as follows:
Building or dwelling unit./
(1) Any single - family residential structure; or
(2) Any combination of structures owned by one person, or jointly
by a number of persons as co- tenants, joint tenants or tenants -by- the - entities
and occupied as a residence; or
(3) Each separately owned, leased or occupied part of structures
physically connected in a series, whether the series be vertical or horizontal,
such as row houses, townhouses, duplex houses, twin houses, condominiums,
row or stores or physically connected commercial or industrial structures,
etc., or
(4) Each apartment in, or each separately leased or occupied part of
or to be separately leased or occupied part of any multiple occupancy
structure; or
(5) Any single and separate structure owned by one person or jointly
by a number of persons as co- tenants, joint tenants or tenants -by -the
entireties and used by the owner or single lessee or occupant thereof, only for
agricultural, commercial, governmental or industrial purposes. The county
reserves the right to determine itself the classification and use of any
structure.
69
Consumer or customer./ The person legally or equitably responsible for
the payment of charges for water services rendered by the county.
Development./ The improvement of zoned residential, commercial,
industrial or public property in accordance with county land use,
comprehensive and facilities planning.
Equivalent dwelling unit (EDU)./ The conversion, with respect to water
consumption of multi - residential commercial, industrial and institutional
connectors into their residential equivalents on the basis of water use
established for a living unit consisting of three and five- tenths persons.
Improved property./ Any property within the county upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which sanitary
sewage or industrial wastes shall be or may be discharged.
New premises, building or dwelling unit./ Any premises, building or
dwelling unit constructed on property abutting a county water main provided,
however, that such construction occurs after the installation of such water
main.
Official connection notice./ A notice in letter form sent by certified
mail, return receipt requested, from the county to the owner of premises,
buildings or dwelling units abutting a county water main giving notice to the
owner that the water main is available for connection thereto.
Owner./ Any person vested with ownership, legal or equitable, sole or
partial, of any property located in the county.
Plumbing Code./ The most current edition of the International Code
Council, Inc. International Plumbing Code as it constitutes a part of the
Virginia Uniform Statewide Building Code.
Premises./ A building under one roof owned by one or more parties and
occupied as one residence or business, or a combination of buildings owned
by one or more parties in one common enclosure and occupied by one family
or business, or each division of a double or tenant house having a vertical
partition or wall, or a building of more than one apartment and having one or
more entrances, or a building having a number of apartments or offices or
both and having one or more entrances. (11- 21 -96; 1- 16 -03.)
Sec. 16.1 -2. Additional rules and regulations.
The county reserves the right to adopt, from time to time, such
additional rules and regulations as it shall deem necessary and proper in
connection with use and operation and maintenance of the water system,
which rules and regulations shall become effective as though set forth in this
70
chapter. (11- 21 -96.)
Sec. 16.1 -21 Authority of department of public utilities to enter contracts for
water service; agreement.
(a) The Board of Supervisors or their designated representatives
shall have authority to execute on behalf of the county any contracts for
water service as herein provided:
(b) The Board of Supervisors or their designated representative is
hereby authorized to enter into agreements on behalf of the county where
unusual or complex situations exist that are not covered in this chapter. (11-
21 -96.)
Article II.
Meters.
Division 1.
Generally.
Sec. 16.1 -3. Number of meters permitted per premises.
Only one meter shall be allowed for each premises and only one such
premises can be supplied through one meter, unless, in the judgment of the
county, multiple meters will afford better service. (11-21-96.)
Sec. 16.1 -4. Calculation of charges for premises served by more than one
meter.
If any water consumer is supplied by more than one meter, each meter
shall be considered as a separate service for meter rates for water. (11- 21 -96.)
Sec. 16.1 -5. Separate meters required.
Where more than one premises are supplied with water by means of a
single meter, this condition shall be remedied promptly and each premises
connected with a separate meter, tap and service pipe by the owner. (11 -21-
96.)
Sec. 16.1 -6. County to furnish, install and maintain meters.
At the owners expense, the county will furnish, install and maintain
meters of the system. (11- 21 -96.)
Sec. 16.1 -7. Installation of meters; faulty meters; testing.
71
All meters shall be approved, tested and sealed by the county before
being available for service. After being installed no meter shall be removed
or tampered with by any consumer or other person, and all meters shall be
under the exclusive regulation of the county. In the event of a meter failing to
register properly or being removed for testing or repairs, water bills will be
rendered for an estimated amount based on the average consumption or the
previous three periods when the meter was registering properly. In the event
of a complaint, issued in writing, by a consumer as to the accuracy of a meter,
it shall be removed and tested by the county. If it is found to be correct, the
consumer shall pay the cost of removing, testing and replacing the same. If
found incorrect, such cost shall be borne by the county. Such complaint shall
not justify or be used as an excuse for delay in the payment of bills rendered
for water supplied. In determining the accuracy of a meter two percent slow
or fast shall be the maximum allowance for over or under registration. (11-
21 -96.)
Division 2.
Rates.
Sec. 16.1 -8. Imposed; when effective.
Meter rates for water passing through meters are hereby imposed upon
and shall be collected on a regularly scheduled basis from the owner or tenant
of each improved property connected to the water system. Such charges shall
be effective as of the date of meter installation of each improved property.
(11- 21 -96.)
Sec. 16.1 -9. Amounts -- Generally.
Meter rates shall be determined on the following basis:
(a) Except as otherwise provided in this chapter, meter rates shall be
based on the volume of water used as measured by meters installed and
maintained by the county;
(b) Meter rates for water passing through meters are hereby imposed
upon and shall be collected on a regularly scheduled basis from the owner or
tenant of each improved property connected to the county water systems.
Such charges shall be as follows: Meter rates shall be in accordance with
Table 16.1 -9 below. The county reserves the right from time to time to amend
the rates in order to insure that the utility system remains self - sustaining.
Table 16.1.9
BI- MONTHLY RATES:
Meter Size:
Up to and including 1/4"
72
CHARGES:
$60.00
1" $84.00
1 'h" $95.00
2" $129.00
4" $129.00
Per 1,000 Gallon Metered Usage:
0 — 6,000 gallons (included in flat fee)
6,001 — 12,000 gallons
Over 12,000
Master Meter:
Same rates as illustrated above PLUS
A Fee Per Equivalent Dwelling Unit (EDU)
(11- 21 -96; 11- 20 -97; 2- 18 -99; 4- 25 -00; 1- 16 -03.)
Sec. 16.1 -10. Same -- Unmetered customers.
$3.75
$5.25
Article III.
Billings.
Sec. 16.1 -11. Generally.
$30.00
Charges for water service for unmetered customers shall be collected
on a regularly scheduled basis from the owner or tenant of each improved
property connected to the county water system. Such charges shall be
effective as of the date of initiation of service by the county and shall be in
accordance with table 16.1 -9. (11- 21 -96.)
(a) All accounts shall be billed on a cycle of not more than sixty
days. Bills for water supplied, including charges for sewage disposal service
and utility taxes based thereon, if any, are due and payable upon the date set
forth therein. Late fees will be assessed commencing the next business day
after the due date as indicated on the bill. Disconnection notices shall be
mailed the day after the due date set forth on the bill and disconnection
services will be scheduled by the Department of General Services. Such
disconnection of service shall occur if payment, along with any applicable
late fees, is not received within ten (10) days from the date of such
disconnection notice. Upon payment of all utility charges, service re-
connection will be made within twenty -four (24) hours of disconnection,
between the hours of 8:30 a.m. and 4:00 p.m. of the next business day, except
in emergency situations and/or severe weather conditions, which may delay
such re- connection.. If payment is not received within the ten day period, the
county shall apply any deposits currently being held to the outstanding
balance due and discontinue water service until payment of all outstanding
balances, disconnect fee and a new deposit are paid in full.
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(b) Payment of such bills shall be made at any office or collection
agencies or agencies established by the county for that purpose on the days
and during the hours thereof such office or collection agencies are open for
business. Payment of such bills at collection agencies and regulations and
accounting procedures pertaining thereto shall be as prescribed by the county.
(11- 21 -96; 1- 16 -03.)
Sec. 16.1 -12. Service disconnection.
(a) When water service to any premises has been disconnected by the
county, for any reason, water service shall be reconnected only by an
authorized representative of the county. If water service is disconnected for
nonpayment of a county utility billing as provided in section 16.1.11, then a
Seventy Dollar ($70.00) penalty shall apply for each disconnection in
addition to the payment of the outstanding water bill by the customer to the
county, and the water service customer shall pay a deposit, as specified in
section 16.1 -17. If water service to any location is reconnected without
express authorization by the county, in addition to any legal remedy which
the county may pursue for such illegal reconnection, then an additional
Seventy Dollar ($70.00) fee for a line inspection shall apply. The payment of
said line inspection fee shall be in addition to any fine or settlement secured
as a result of any such legal action.
(b) Such fees and penalties shall not apply to any disconnections
made for line maintenance or at the request of the customer. (11- 21 -96; 1 -16-
03.)
Article IV.
Connections.
Sec. 16.1 -13. When required.
All new premises, building or dwelling units where water service is
available shall connect to such main. All other existing premises, buildings or
dwelling units where water service is available shall connect to such main
within one year of receipt of official connection notice, unless specifically
otherwise provided for in this chapter. Where service becomes available by
virtue of extending the county system to serve other subdivisions or
neighborhoods, connection to such main shall not be mandatory. Water is
deemed to be available to the property to be connected if service can be
provided without unreasonable cost or unusual construction techniques. As
an example, water is not available to a property when it is within the right -of-
way but in order for said property to be served, the extension will involve
unusual construction techniques such as boring and casing, unusual traffic
problems, etc. Availability of water may be declared by the Director of
General Services based on costs to provide service, construction techniques
or other unusual conditions. (11- 21 -96.)
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Sec. 16.1 -14. Who may make.
(a) No person, except those properly authorized by the county shall
tap or make any connection with the main or distributing pipes:
(b) No person, except a licensed plumber or an employee of the
county approved by the county for such purpose, shall be permitted to do any
work in connection with the water service to any premises supplied by the
county. (11- 21 -96.)
Sec. 16.1 -15. Charges generally.
(a) Prior to the connection of any premises, building or dwelling unit
to a county water main, the applicant shall pay an installation/connection fee.
Except as provided herein, the following connection and tap fees shall apply:
CONNECTION FEES: CHARGES:
Meter Size:
5/8" $4,000
1" $6,300
1 ''A" $9,900
2" $15,200
Master Meter:
Multi- residential facilities (duplex, apartment, $4,000
etc.)
Same rates as illustrated above for first unit
PLUS
A Fee Per Equivalent Dwelling Unit (EDU)
Hotel, motel, hospital, etc.
Same rates as illustrated above for first unit
PLUS
Number of units divided by 5 times a fee
of:
Commercial, industrial and institutional
served by single meter:
Meter Size:
5/8" $7,850
1" $12,600
1 '/" $24,000
2" $38,000
3" $68,000
4" $114,000
When the size of the connection exceeds the sizes set forth above, the
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$3,200
applicant shall be required to pay an installation/connection fee as determined
by the county.
(b) For new developments in which the required water system and
related appurtenances have been installed by the owner /developer and in
which the ownership of the water system and related appurtenances has been
conveyed to the county, up to and including two -inch, the owner /developer
shall provide to the county the required number of water meters at the
appropriate sizes and types specified by the county for future installation by
the county. Such meters shall be delivered to a location designated by the
county. For all such connections above two inches, the meter shall be
installed by the developer, pursuant to county specifications. Upon
completion of the installation, the developer shall notify the county for
inspection and activation of the meter.
(c) When application for service, including payment of connection or
tap fees, for existing single - family residential services is made within ninety
days after receipt of official connection notice, the connection fees due will
be reduced to one -third of the amounts in subsection (a) of this section.
(d) When the application for residential connection is made within
ninety days of receipt of the official notice, the applicant may pay the
connection and tap fees at a rate of twenty percent (minimum) down, paid at
the time of making application and the remainder to be due and payable in
equal bimonthly payments over a two -year period, together with interest
thereon at the rate of eight percent per annum. Application for installment
payments shall only apply to residential connections and must be made
during the initial ninety-day period. Installment payments due shall constitute
a lien against the property. Surety shall be in a form acceptable to the county
attorney. A contract for payment of the connection fee on an installment basis
must be signed by both the property owner and the county. Failure of the
property owner to pay the installment when due shall cause the imposition of
a penalty of one and one -half percent per month and the county may, at its
option, upon such failure declare the entire outstanding balance to be due and
payable along with any expenses incurred by the county in the collection
thereof. Failure on the part of the property owner to pay the installment when
due shall also prejudice the property owner's right to finance any additional
connection fees on an installment basis. Upon execution of the installment
contract between the county and the property owner, the county shall cause
the property owner to be billed on a periodic basis and provide for the
collection thereof. Payment by the property owner must be no less than the
amount billed but may be for the full amount outstanding. Partial payment for
the minimum amount billed will not be accepted nor will partial payment for
any outstanding balance be accepted.
(e) No connection or tap fee shall be required when connection is to
be made to an existing service previously used by another building when no
work is required by the county to ready said service for connection.
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(11- 21 -96; 6- 17 -99; 4- 25 -00; 9- 20 -01; 6- 20 -02; 1- 16 -03.)
Sec. 16.1 -16. Application for connection; county to determine size and
location.
Any person desiring to secure water service shall file a signed
application therefore at the county on the prescribed form, stating the
location and character of the premises for which service is desired. The
county shall determine the proper meter size and location of each new
connection and shall own and maintain all facilities installed in making the
connection. (11- 21 -96.)
Sec. 16.1 -17. Conditions of service.
All customers of water shall be supplied upon the terms of and shall
comply with the following before water is supplied to the premises:
(a) The customer desiring water service shall sign a contract
prepared for that purpose prior to receiving water service. A separate contract
shall be required for each premise;
(b) When a customer executes a contract for initial water service, or
moves water service account from one location to another, a new account fee
of thirty dollars shall be charged for establishing the new account and turning
on the water at the new location, except as exempted herein;
(c) All customers shall pay a deposit prior to the initiation of water
service, except those as exempted herein. The customer desiring water
service shall deposit with the county an amount equal to the average bill for
that category of water customer for which water service is being requested,
including charges for sewer service and utility taxes based thereon, if any, for
four months. The amount of said deposit shall be determined
administratively, and adjusted from time to time, as necessary;
(d) The contract and deposit may be transferred by the county from
the location for which it was initially requested to any other location to which
the applicant may move, if within the utility service area of the county;
(e) A customer may be exempted from the payment of deposit (Sec.
16.1 -17 c) or new account fee (Sec 16.1 -17 b) if the customer was on a
private water system acquired by the county, and the acquisition included a
deposit previously paid by the customer, which is transferred to the county
with the acquisition of the water system.
(f) Any deposits paid by a water service customer and held by the
county shall be returned, upon request, without interest, after said deposit has
been held by the county for six consecutive billing cycles provided said
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account has not been delinquent during this period. Should the account
become delinquent at any time during said six consecutive billing cycles the
deposit shall be retained by the county until six consecutive billing cycles
have occurred without any delinquency in payment. Upon the satisfactory
completion of the six consecutive billing cycles said deposits may be credited
to the next bill, provided all outstanding charges and fees, if any, have been
paid for all County services.
(g) In addition to fees charged for termination of service for
nonpayment, the county may charge an additional administrative fee to cover
cost associated with the collection of accounts.
(h) On a yearly basis, the Isle of Wight County Treasurer's Office
shall prepare a list of accounts deemed to be uncollectible. Said list shall be
reviewed and approved by the finance department and the county
administrator. Upon approval of the county administrator these uncollectible
funds shall be administratively written off in accordance with acceptable
accounting methods. (11- 21 -96; 7- 17 -03.)
Sec. 16.1 -18. Liability of county.
The county shall not be liable for any damage resulting from the
bursting of any main, service pipe or cock from the shutting off of water for
repairs, extensions or connection or from the accidental failure of the water
supply from any cause whatsoever. In cases of emergency the county shall
have the right to restrict the uses of water in any reasonable manner for the
protection of the county and its water supply. (11- 21 -96.)
Sec. 16.1 -19. Private connections to county system prohibited.
No person shall interconnect a privately owned water system to the
county's water system. (11-21-96.)
Sec. 16.1 -20. Contract required.
Whenever a service connection with a county water main is requested,
the owner of the property to be connected with such water main, before such
service connection is made, shall be required to sign a contract prepared for
the purpose and kept in the office of the county. A separate contract shall be
required for each premises. The connection and tap fees shall be paid in
advance. (11- 21 -96.)
Sec. 16.1 -21. Service for contractors for construction purposes.
Customers using water service for building or construction purposes
shall pay for same at the regular meter rates, and shall be held responsible for
all water so used, as recorded by the meter, or otherwise ascertained, until
such time as the contractor shall notify the county in writing, to cut off the
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supply. (11- 21 -96.)
Sec. 16.1 -22. Penalties.
Any consumer who shall permit others, not members of his family, to
use water from his pipe to avoid the payment of charges for water service and
anyone who shall thus obtain water shall be guilty of a Class 1 misdemeanor.
(11- 21 -96.)
Article V.
Fire Protection.
Sec. 16.1 -23. Connections for fire protection other than public hydrants.
When permitted by the county, connections for fire protection other
than public fire hydrants shall be as follows:
(a) There shall be no connection with any other service from county
mains or with any other water supply.
(b) The owner of the property to be protected shall sign a contract for
fire protection service with the county.
(c) For a supply of water for sprinkler system, where there is no
opening through which water may be taken except through sprinkler heads, a
horizontal swing check valve with bronze working parts, bypasses and meter
and also a shutoff gate valve shall be installed between the curb and the
building, all to be accessible for examination and repair. The check valve,
bypass meter, connection with the county main and service pipe from the
main to the check valve will be installed by the county, at a location
determined by the county, and paid for in advance by the owner of the
property to be protected.
(d) There will be no charge for water used to extinguish a fire or for
sprinkler heads, nor ready to serve charge for bypass meter.
(e) For a supply of water for private fire hydrants or hose
connections or both, with or without a sprinkler system, such connection
shall be supplied through a fire protection meter to register all water used, the
size of connection and type of meter to be determined by the county.
(f) For fire protection meter, gate and check valves, connection with
the county main to the meter will be installed by the county and paid for in
advance by the owner of property to be protected. There shall be no ready -to-
serve charge or minimum applied to meters used exclusively for fire
protection services, nor any charge for water used through such meters to
extinguish a fire. Water registered by such meters, not used to extinguish a
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fire, will be paid for by schedule rates. (11- 21 -96.)
Sec. 16.1 -23.1. Installation of fire hydrants.
The county shall have authority to designate and approve the location
or relocation of fire hydrants and the placement or replacement of water
mains located upon public property and deemed necessary to provide an
adequate fire flow and distribution pattern. In no area should hydrant spacing
exceed eight hundred feet between hydrants. In close -built areas, five
hundred feet between hydrants is required. Hydrants should be located as
close to an intersection as possible, with intermediate hydrants along the
street to meet the area requirements. For average conditions, hydrants should
be placed approximately fifty feet from the buildings protected. A fire
hydrant shall not be placed into or removed from service until approved by
the county. (11- 21 -96.)
Sec. 16.1 -24. Prohibited use of hydrants.
Fire hydrants are provided for the sole purpose of extinguishing fire,
and all persons except authorized personnel of the department of fire
protection, county, department of public utilities or such persons as may be
specially authorized by the county administrator are hereby prohibited from
opening or using the same. Any person authorized to open fire hydrants shall
use only an approved spanner wrench, and shall replace the caps on the
outlets when not in use. (11- 21 -96.)
Sec. 16.1 -25. Reserved.
Article VI.
Cross - Connection Control Program.
Sec. 16.1 -26. Restriction on interconnections with the county's utility
systems; cross - connection control program.
(a) The water supply from the county's water system shall be
distributed through pipes entirely independent of and disconnected from any
other water supply; connections between piping furnishing the county's water
and any unauthorized piping connected with any other source of supply are
prohibited.
(b) Duly authorized representatives of the county shall have free
access at all reasonable hours to all parts of any premises to which county
water supply may be extended in order to make the necessary inspections of
pipes and fixtures.
(c) There is hereby adopted and incorporated by reference the Isle of
Wight County Manual of Cross - Connection Policies, and any amendments
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presently or subsequently adopted, copies of which are on file and available
for inspection in the county offices. Such policies shall apply to and control
all cross - connections between public and independent potable water systems.
(d) Duly authorized representatives of the county may cause
inspections to be made of properties served by the water system where cross -
connections with the water system is deemed possible. The frequency of
inspections and reinspection, based on potential health hazards involved,
shall be established by policies of the county.
(e) Duly authorized representatives of the county shall have the right
to enter, at any reasonable time, properties served by a connection to the
water system for the purpose of inspecting the piping system or systems for
cross - connections. Upon request, the owner or occupants of property served
shall furnish to the county pertinent information regarding the piping system
or systems on such property. The refusal of such information, or refusal of
access, when requested, shall be deemed evidence of the presence of cross -
connection.
(f) The county may deny or discontinue the water service to a
consumer if the required backflow prevention device is not installed. If it is
found that the device(s) has been removed or bypassed, or if a cross -
connection exists on the premises, or if the pressure in the water system is
lowered below ten (10) psi gauge, the county shall take action to insure that
the water system is adequately protected at all times.
(g) The duly authorized representative of the county shall notify the
owner, or authorized agent of the owner, of the building or premises in which
there is found a violation of this article, apprising the owner of the facts of
such violation. The duly authorized representative shall set a reasonable time
for the owner to have the violation removed or corrected. Upon failure of the
owner to have the violation corrected by the end of the specified time
interval, the duly authorized representative may, if in their judgment a health
hazard exists, cause the water service to the building or premises to be
terminated. The county shall thereafter immediately afford the owner,
occupant or agent the notice and opportunity to be heard. In all cases where
the county shall terminate water service as provided under this subsection,
the county shall act with dispatch in notifying the owner, occupant or agent
and shall exercise the utmost diligence in scheduling a prompt hearing on the
matter. Any owner or authorized agent of the owner responsible for the
maintenance of the plumbing system in a building who knowingly permits a
violation to remain uncorrected after the expiration of time set by the duly
authorized representative of the county shall, upon conviction thereof by the
court, be fined not more than one hundred dollars for each violation. Each
day of failure to comply with the requirements of this article after the
specified time shall constitute a separate violation. Water service to such
premises shall not be restored until the deficiencies have been corrected or
eliminated in accordance with the policy mentioned in subsection (c) of this
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section to the satisfaction of the county.
(h) The potable water made available on the properties served by the
water system shall be protected from possible contamination or pollution by
enforcement of this chapter and the plumbing code (as defined in Sec. 16.1-
1). (11- 21 -96.)
Article VII.
Water Line Extensions and System Improvements Within Currently Defined
Development Service Districts and Other Designated Areas.
Sec. 16.1 -27. Extensions
(a) The extension of water service to county residence not currently
receiving such service shall be accomplished in accordance with the
following general principles:
(4) Extension shall be made in a manner so as to promote orderly
growth, protect health and environment, serve requested
extensions and promote the general public interest.
(5) Property owners shall be responsible for the cost of installing
sewer extensions to and within their neighborhoods.
(6) The county shall be responsible for the maintenance, operation
and control of water facilities after dedication and acceptance by
the county.
(b) Any property owner or neighborhood community desiring to
have water service extended to their residence shall apply in writing to the
Director of General Services. In the case of a neighborhood request, a
minimum of 66.7 percent ( 2/3) of the homeowners in the requesting area are
required before the request will be considered. The request(s) must be made
by the legal title holder(s) for the property.
(c) Extensions of water service to commercial or industrial property
may be requested by a letter from the president, board chairman or principal
of the corporation desiring service.
(d) Applications shall contain information and plans in sufficient
detail to enable the Director of General Services to determine the adequate
size of facilities necessary for the proposed extension and anticipated future
growth.
(e) Approval for construction of a water extension project must be
obtained from the Isle of Wight Board of Supervisors following
recommendation for the project by the Director of General Services.
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(f) Upon approval of a water extension project, property owners will
be required to sign documentation indicating a firm commitment to connect
to water service when it become available and commitment to extension
charges required for the project.
(g) The county may extend water service at its own discretion in the
following circumstances:
(3) To Alleviate Health and/or Environmental Concerns: When the
Isle of Wight County Health Department certifies that a health
problem exists in a certain area, the county may order the
extension of water service to said area. The county may require
assessments of property owners of said area under the same
procedure set out in 16.1- 27(i).
(4) To Serve Requested Projects: Upon receipt of a valid application
for sewer extension, the county may order the extension of water
service to the applying area. The county will evaluate application
based on the following or similar criteria:
• History of current water service failures
• Size of the requesting area/neighborhood
• Risks to public health and the environment
• Availability of reasonable alternatives, and
• Cost to provide water service
The property(s) to be served will be assessed under the same
procedure set out in 16.1- 27(i).
(3) Greater Public Interest: The county Board of Supervisors may at
its discretion or upon recommendation of the Director of General
Services, authorize the construction of water extensions where it
deems said construction to be in the greater public interest and in
the general public welfare.
(h) Property owners in which water service is extended will be
required to pay for the cost of extending this service, including design,
permitting and construction related costs. The county, at its discretion, may
share in the cost of providing such service, specifically if said extension is
anticipated to service future development in the service area.
(i) The extension charge to property owners shall be based on the
total project costs, less county's share, allocated to property owners based on
property water meter size in accordance with the American Water Works
Association (AWWA) standard meter equivalents.
Meter Equivalent
5/8" 1.0
3/4" 1.5
1" 2.5
1 1/2" 5.0
2" 8.0
3" 16.0
4" 25.0
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(j) Payments of extension charges are due before initiation of the
water extension project.
(k) The county may, at its discretion, finance extension charges for a
period not to exceed 10 years. Interest charges associated with the financing
shall correspond with the county debt used to complete the extension project.
For property choosing to finance extension charges, a lien shall be placed
upon the property until such time the extension charges are paid in full.
(1) Upon transfer of title of any property with an outstanding balance
associated with financed water extension charges, these charges shall be paid
in full.
(m) Extension charges represent a cost separate from county
Connection and Tap On fees. Connection and Tap On Fees are due from the
connection property owner at the time of connection.
Sec. 16.1 -28. Same -- Commercial or industrial property.
Extensions of water service to existing commercial and industrial
property if not proposed as part of the county's current water construction
program, may be requested of the county by a letter from the president, board
chairman or principal of the corporation desiring such service. (11- 21 -96.)
Sec. 16.1 -29. Same -- Determinations by Department of General Services.
Such petitions and corporate letters may be referred by the board of
supervisors to the Department of General Services for determination of
affected property owners or area and for feasibility review. The Department
of General Services shall recommend a course of action to the board of
supervisors based on review findings and recommendations. (11- 21 -96.)
Sec. 16.1 -30. Reserved.
Sec. 16.1 -31. Same - -Duty of property owners.
Property owners requesting or required to extend water service shall
extend the distribution main longitudinal to the appropriate property line and
to within five feet of the furthest extremity of such property. (11- 21 -96.)
Sec. 16.1 -32. Reserved.
Sec. 16.1 -33. Standards for construction; costs of improvements to be borne
by developer.
Extensions of transmission mains and /or distribution mains and
construction of wells, with adequate storage, and proper treatment necessary
to provide public water service for a new development shall be installed by
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and at the total expense of the developer unless otherwise agreed to in
advance by the county. Materials and methods of construction shall be in
strict accordance with the county's construction specifications for water
facilities; engineering submittals and design shall be reviewed and approved
by the county. All charges for service rendered by the county, including
inspection and engineering review, shall be paid in full by the developer with
no expense to the county, as provided in an agreement to be executed
between the developer and the county. The completed system shall be
conveyed to the county in proper legal form for ownership and, in the
county's discretion, operation. A one -year .maintenance bond or letter of
credit acceptable to the county attorney in such amount as determined by the
county on all water distribution construction deeded to the county and a five -
year maintenance bond or letter of credit acceptable to the county attorney in
such amount as determined by the county on all water production facilities
deeded to the county shall be provided by the developer to the county. (11-
21 -96.)
Sec. 16.1 -34. Reserved.
Sec. 16.1 -35. Certain developments required to extend water service.
New commercial and/or industrial construction or development,
manufactured home parks, multiple dwellings and all subdivisions of five lots
or more, within development service districts and other specifically
designated areas, shall be required to install water systems, and to dedicate
the systems to the county. The developer shall be required, at the discretion
of the county, to extend the county system, in accordance with the master
plan to the proposed development, or to provide dry water mains and local
onsite facilities (i.e., individual or community wells, etc.), in compliance with
all applicable regulations, for the development. An agreement between the
county and the developer shall state the improvements required.
Requirements of developers of properties, not within development service
districts and other specifically designated areas, regarding the provision of
water facilities, will be established by, and at the discretion of, the county.
(11-21-96; 4-25-00; 6 -21- 2001.)
Article VIII.
Emergency Procedures During Water Shortages.
Sec. 16.1 -36. Purpose.
During the continued existence of climatic, hydrological and other
extraordinary conditions the protection of the health, safety and welfare of
the residents of the County of Isle of Wight and the other customers served
by the county water system may require that certain uses of water,
nonessential to public health, safety and welfare, be reduced, restricted or
curtailed; and as the shortage of potable water may become increasingly more
85
critical, conservation measures to further reduce consumption or curtail
essential water use may be required. (11- 21 -96.)
Sec. 16.1 -37. Procedures.
(a) The board of supervisors finds that when there exists an
immediate potential for a shortage of potable water in the County of Isle of
Wight's water system that increasingly more restrictive conservation
measures may be required to prevent a crucial water shortage.
(b) The Director of General Services is hereby directed to implement
conservation measures at such times by ordering the restricted use or absolute
curtailment of the use of water for certain nonessential purposes for the
duration of the water shortage in the manner hereinafter set out. In exercising
his discretionary authority and making the determinations set forth herein, the
Director of General Services shall give due consideration to water levels,
available /usable storage on hand, draw down rates, the projected supply
capability in water sources available to the system, system purification and
pumping capacity, daily water consumption and consumption projections of
the system's customers, prevailing and forecasted weather conditions, fire
service requirements, pipeline conditions including breakage, stoppages and
leaks, supplementary source data, estimates of minimum essential supplies to
preserve public health and safety and such other data pertinent to the past,
current and projected water demands.
(c) The provisions of this article or regulations promulgated
hereunder by the Director of General Services which are hereby authorized,
shall not apply to any governmental activity, institution, business or industry
which shall be declared by the Director of General Services, upon a proper
showing, to be necessary for the public health, safety and welfare or the
prevention of severe economic hardship or the substantial loss of
employment.
(d) Upon a determination by the Director of General Services of the
existence of the following conditions, the Director of General Services shall
take the following actions:
(1) Condition 1. When moderate but limited supplies of water are
available, the Director of General Services shall, through
appropriate means, call upon the general population to employ
prudent restraint in water usage, and to conserve water
voluntarily by whatever methods available.
(2) Condition 2. When very limited supplies of water are available,
the Director of General Services shall order curtailment of less
essential usage of water, including, but not limited to, one or
more of the following:
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(A) The watering of shrubbery, trees, lawns, grass, plants or
any other vegetation, except indoor plantings, greenhouse
or nursery stocks and except watering by commercial
nurseries of freshly planted plants upon planting and once a
week for five weeks following planting;
(B) The washing of automobiles, tracks, trailers, boats,
airplanes, or any other type of mobile equipment, excepting
in facilities operating with a water recycling system
approved by the Director of General Services provided,
however, that any facility operating with a water recycling
system shall permanently display in public view a notice
approved by the Director of General Services stating that
such recycling system is in operation. In lieu of the
provisions hereof, the Department of General Services may
curtail the hours of operation of commercial enterprises
offering such services in washing their own equipment;
(C) The washing of streets, driveways, parking lots, service
station aprons, office buildings, exteriors of homes or
apartments, or other outdoor surfaces;
(D) The operation of any ornamental fountain or other structure
requiring a similar use of water;
(E) The filling of swimming and/or wading pools, or the
refilling of swimming and /or wading pools which were
drained after the effective date of the Director of General
Services order;
(F) The use of water from fire hydrants for any purpose other
than fire suppression or other public emergency.
Condition 3. When critically limited supplies of water are
available, the Director of General Services shall institute
mandatory reductions to each customer as follows:
(A) Industrial, institutional, commercial, governmental,
wholesale and all other nonresidential customers shall be
allotted a percentage reduction based on their average
monthly and /or previous bimonthly consumption;
(B) Individual residential customers shall be limited to a
specific volume or percentage reduction of water per
quarter;
(C) If the allotted monthly and/or bimonthly water usage is
exceeded, the customer shall be charged Two Dollars
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($2.00) for every one hundred gallons of water consumed
above the allotted volume. Where prior consumption data is
not available, the Director of General Services shall
estimate allocations based upon the data available from
similar activities of equal intensity.
(4) Condition 4. When only crucial supplies of water are available,
the Director of General Services shall restrict the use of water to
purposes which are absolutely essential to life, health and safety.
(11- 21 -96.)
Sec. 16.1 -38. Written report required.
The determination of Conditions 2, 3 and 4 by the Director of General
Services shall be accompanied by a written report which shall set out criteria
utilized and data relied upon in making such determination including a
narrative summary supporting the determination. Each report shall be
promptly filed with the county clerk who shall make the same available for
public inspection. The Director of General Services shall forthwith transmit a
copy of each report to the Board of Supervisors. (11- 21 -96.)
Sec. 16.1 -39. Penalties for noncompliance.
(a) Any person who shall violate any provision of this article, or any
of the conservation regulations promulgated by the Director of General
Services pursuant thereto, shall, upon conviction thereof, in addition to
additional charges and /or other actions set forth herein, be fined not more
than five hundred dollars. Each act, or each day's continuation of a violation
shall be considered a separate offense.
(b) In addition to the foregoing, the Director of General Services
may suspend water service to any person violating the provisions of this
article or the regulations promulgated hereunder. If such water service is
terminated, the person shall pay a reconnection fee of Seventy Dollars
($70.00) plus all outstanding fines and fees before service will be restored.
In the event reconnection is requested after normal business hours, additional
administrative fees may apply as determined by the Director of General
Services. (11- 21 -96.)
Sec. 16.1 -40. Notice of cessation of emergency.
The Director of General Services shall notify the board of supervisors when
the resource shortage is over and the emergency situation no longer exists.
(11- 21 -96.)
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Supervisor Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Brown called for the continuation of Citizens Comments.
Supervisor Clark read a letter from Grace Keen, a resident of the
Newport District, regarding the efforts of the Beautification Committee,
which she serves as Chairperson. She advised that this year each
kindergartener had been presented a Crape Myrtle Tree, the adopted tree of
the County. She further advised that the Committee had voted to sponsor a
Remembrance and Honor Program each year at the James River Bridge and
that she had requested use of the County's property beyond the Memorial
Gardens on the James River for parking and refreshments for that program.
She advised that the Committee is concerned about the James River Bridge
message signs which will provide advance notice of bridge lifts and incidents
on the Bridge. She advised that Mr. Neblett advises that VDOT does not
have the funds for the signage, although it was part of the original letter, of
which you have a copy from the Federal Highway Administration. She
inquired if the Board had any contacts that could assist with getting this
project completed. She invited the Board to attend the annual fish fry for
seniors sponsored by the Commission on Aging tomorrow at The Smithfield
Center.
Supervisor Clark moved that staff be instructed to take whatever
measures are necessary to allow the Beautification Committee to use the
property (Stoup Property) for parking and whatever uses they want to make
with regard to the memorial ceremonies. 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.
Otis Eanes, Vice President of Windsor Hunt Club, requested the
renewal of the Windsor Hunt Club's contract for hunting rights on the
Whitley, Eure and Griffin properties owned by the County.
The following motion, which was unanimously adopted (5 -0), was
amended later in the meeting by Supervisor Wright under Item (F) of the
County Attorney's report: Supervisor Wright moved that a public hearing be
set for June 11, 2009 to consider the renewal of the lease on the property that
the Windsor Hunt Club has been hunting on in previous years.
/1
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Regarding the issue of consolidation of services between the County
and the School Administration, the Board concurred that Chairman Brown be
allowed to continue discussions with the School Board Chairman with
respect to the consolidation of the Director of Budget and Finance, the
Director of Information Technologies and the Director of Human Resources
positions for each of the Boards and report back to the Board at its June 11,
2009 meeting.
The Clerk was directed to coordinate mutually agreeable dates for the
School Board to host a joint social meeting with the Board.
/1
The Board publicly thanked Kari L. Sletten, Director of Information
Technology, for an outstanding job during her tenure with the County.
Chairman Brown called for any Board comments.
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton requested the Board's direction on
which survey is to be utilized by staff in surveying the public relative to
Charter Communications services.
The Board agreed that the short Charter Customer Survey was the
preferred survey.
Interim County Attorney Burton presented a contract renewal with
Timmons Groups for indefinite engineering services.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the contract with the Timmons Groups on behalf of the Board. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney Burton presented a contract renewal with
Malcolm Pirnie for the Board's consideration.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the contract with Malcolm Pirnie on behalf of the Board. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
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Interim County Attorney Burton presented a renewal contract for
Resources International, LTD for the Board's consideration.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the contract with Resources International, LTD on behalf of the
Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Interim County Attorney Burton presented a contract for the
installation of a paging system for the County Fairgrounds for the Board's
consideration.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the contract for the installation of a paging system for the County
Fairgrounds 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 presented requests from the Windsor Hunt
Club and Joe Stradley to hunt the Griffin, Eure and Whitley properties, which
are owned by the County.
Supervisor Wright moved that his earlier motion be amended to include
the entire block of land that the Windsor Hunt Club has been hunting in past
years, which includes the IP property, J.C. Griffin property, the Whitley
property and the Eure property. Interim County Attorney Burton is to
consolidate into one (1) public notice. 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 for public hearing two (2) Deeds releasing the easement on
Piney Grove Road.
Supervisor Bradshaw moved that the County Attorney's office be
authorized to advertise the County's release of its interest in the original
easement granted to it for public hearing at the Board's June 11, 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 advised that he had eight (8) matters
to discuss with the Board later during the closed meeting.
1/
Chairman Brown called for the Emergency Services report.
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Joseph Russell Chase, Director of Emergency Services, presented the
Emergency Operations Plan (EOP) Pet Sheltering Plan for the Board's
consideration.
Supervisor Clark moved that the EOP Pet Sheltering Plan 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 consideration of the following Consent
Agenda:
A. Contribution to Preservation Virginia (APVA)
B. Isle of Wight County Health Department Request to Retain
Funds
Resolution to Grant Request to Retain Funds by the Isle of
Wight County Health Department
C. Appointment of Erosion and Sediment Control Administrator
Resolution to Appoint an Erosion and Sediment Control
Administrator
D. County Policy Amendment
Resolution to Amend the County Policy Manual Chapter 4,
Articles I
E. County Policy Amendment
Resolution to Amend the County Policy Manual Chapter 5,
Articles I
F. Piney Grove Street Abandonment
G. Monthly Financial Reports for County and Schools
H. Planning Commission 2008 Annual Report
I. April 16, 2009 Special Meeting Minutes
Supervisor Clark moved that Items (A) and (B) be removed and that the
remaining items on the Consent Agenda be approved. The motion was
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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 Item (A), Contribution to Preservation Virginia (APVA),
Supervisor Clark moved that the item be postponed until the Board's June 11,
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.
Regarding Item (B), Isle of Wight County Health Department Request
to Retain Funds/Resolution to Grant Request to Retain Funds by the Isle of
Wight County Health Department, Supervisor Wright moved that the item be
postponed and directed Mr. Robertson to invite Dr. McCoy to address the
Board at its June 11, 2009 meeting regarding why the Health Department is
in need of the funds. 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 Harold Blythe's name be withdrawn
from the citizen list for consideration of appointment to the SPSA Board of
Directors. 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 Appointments.
Chairman Brown called for Old Business.
Supervisor Bradshaw moved that Harold Blythe be appointed to serve
on the Board of Assessors for the 2010 reassessment 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.
Chairman Brown moved that Alvin Wilson be appointed to serve on
the Board of Assessors for the 2010 reassessment representing the Hardy
District. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Clark moved that Thomas Finderson be appointed to serve
on the Board of Assessors for the 2010 reassessment representing the
Newport District. The motion was adopted by a vote of (5 -0) with
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Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Regarding the issue of the Nike Heritage Parks Master Plan, Supervisor
Bradshaw moved that staffs request to defer the matter to the Board's June
11, 2009 meeting 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.
Regarding the issue of Resolution to Appropriate Funds from the
Unappropriated Fund Balance of the General Fund for Franklin Revenue
Sharing Agreement, Supervisor Bradshaw moved that the Resolution be sent
to the Finance Committee for additional review and consideration. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Brown called for New Business.
Supervisor Bradshaw requested staff to investigate and report back if
the County has the authority to begin charging a higher jail/court fee
effective July 1, 2009.
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Code of Virginia pertaining to a personnel matter
pertaining to a specific public employee; under Section 2.2- 3711.A.3
pertaining to consultation with legal counsel requiring the provision of legal
advice pertaining to the acquisition of real property in the Carrsville District;
under Section 2.2- 3711.A.3 pertaining to consultation with legal counsel
requiring the provision of legal advice pertaining to the acquisition of real
property in the Smithfield District; under Section 2.2- 3711.A.7 pertaining to
consultation with legal counsel requiring the provision of legal advice
pertaining to ATC Panels; under Section 2.2- 3711.A.7 pertaining to
consultation with legal counsel requiring the provision of legal advice
pertaining to water issues in the Newport District; under Section 2.2-
3711.A.3 pertaining to consultation with legal counsel requiring the
provision of legal advice pertaining to acquisition of property in the Hardy
District; under Section 2.2- 3711.A.7 pertaining to consultation with legal
counsel requiring the provision of legal advice pertaining to an agreement
with the City of Franklin; and, under Section 2.2- 3711.A.7 pertaining to
consultation with legal counsel requiring the provision of legal advice
pertaining to the Southeastern Public Service Authority.
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Supervisor Bradshaw moved that the Board enter the closed meeting
for the reasons stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved to return to open session. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Clark moved that the Treasurer be authorized to refund
$26,466 to ATC Panels to which they will apply that to the personal property
and water and sewer taxes owed to the County and authorize Interim County
Attorney Burton to sign the letter. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
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At 12:30 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 motion.
51-m4/'1.>
Carey Mi s Storm, Clerk
96
ames B.
rown, Jr., Chairman