10-15-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman
Phillip A. Bradshaw, Vice- Chairman
Al Casteen
Stan D. Clark
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
Chairman Brown called the meeting to order at 6:00 p.m. and delivered
the invocation.
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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: Under the County Administrator's Report, add a joint locality
RFP for Residential Recycling Services, involving Isle of Wight County,
City of Franklin and Southampton County; under the Consent Agenda, add a
quarterly Economic Development report; under the County Attorney's report,
add consideration for a public hearing to amend the SPSA bylaws; and, under
the County Attorney's Report, add two (2) closed meeting items, both
regarding the acquisition of real property.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Brown called for Special Presentations /Appearances.
Pamela Barton, Director of Isle of Wight Department of Social
Services, provided information on the Homeless Prevention Rapid Re-
Housing (HPRP) Program and the planned regional effort between the
Departments of Social Services in Isle of Wight, Franklin and Southampton.
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Matthew Potts, Marketing Strategist, Terra Firma Marketing, briefed
the Board relative to a Section 8 outreach program being conducting on
behalf of the Virginia Housing Development Authority (VHDA).
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Chairman Brown called for Regional Reports.
Regarding the VACo Board of Directors, Supervisor Bradshaw
reported that there will be further significant reductions in the State budget
that will be passed on to localities.
Regarding the Western Tidewater Regional Jail Authority, Chairman
Brown reported that there will be a strategic meeting on December 9, 2009 at
the Economic Development Center in Suffolk. He reported that the State
budget will reflect a reduction for regional jails in the amount of 6.9 %.
Regarding the Finance Committee, Supervisor Bradshaw reported that
the Committee is awaiting the year end audit report. He noted that the
Commissioner of Revenue and Treasurer will continue to keep the
Committee apprised of the County's financial condition with respect to
revenues. He stated that reductions from the State are anticipated to be
significant.
Regarding the Small Business Committee, Supervisor Bradshaw
requested staff to provide a status report of that Committee's progress under
the Consent Agenda.
County Administrator Caskey recognized Don Robertson who was a
recipient of a Distinguished Public Service Award at the 27 Annual
Conference of Minority Public Administrators.
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MacFarland Neblett, VDOT Residency Administrator, responsive to a
letter received by Chairman Brown, advised the Board that VDOT has
recently mailed out notification letters to candidates informing them not to
place political signs in State right -of -ways.
Responsive to Supervisor Wright, Mr. Neblett advised that VDOT has
marked the location of the roots growing into the roadway on Orbit Road and
will return to repair those locations as the opportunity presents itself.
Chairman Brown called for Transportation Matters.
Chairman Brown called for Citizens Comments.
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Herb DeGroft, 15411 Mill Swamp Road, addressed the Board
regarding the need for County governments and School Boards to achieve
efficiency by consolidating functions. He noted that it is critical to use tax
dollars efficiently and effectively to meet the needs of the County and the
citizens.
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Chairman Brown called for Board comments.
Supervisor Bradshaw commented that he has proposed the
consolidation of services from a regional statewide perspective to the
Governor. He stated that he had also spoke with the Governor about the
consolidation of services in his budget where there are multiple layers of
government. He added that the Governor is encouraging VACo and VML to
support categorical funding in the school budget. He suggested that the
Board, at its retreat, will discuss the creation of a task force to review
potential areas for consolidation and that a school representative be invited to
the Board's Retreat.
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton presented for the Board's
consideration the Manatron contract for the ProVal software appraisal
system.
Supervisor Clark moved that the Chairman be authorized to execute the
contract received from Manatron for the purchase of the ProVal Software
Appraisal System. The motion was adopted by a vote of (4 -1) with
Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the
motion and Supervisor Casteen voting against the motion.
Interim County Attorney Burton presented an amendment to the
Wampler -Eanes contract for the Board's consideration.
Supervisor Clark moved that the Chairman be authorized to execute the
amendment to the contract with Wampler -Eanes to complete the conversion
process from the CAMRA software to the ProVal Software Appraisal
System. The motion was adopted by a vote of (4-1) with Supervisors
Bradshaw, Brown, Clark and Wright voting in favor of the motion and
Supervisor Casteen voting against the motion.
Interim County Attorney Burton requested authorization to advertise
for public hearing an amendment to the Southeastern Public Service
Authority Bylaws.
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Supervisor Wright moved that the County Attorney's office be
authorized to advertise the matter for public hearing at the Board's December
17, 2009 meeting or sooner, if possible. 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 four (4) matters to
discuss with the Board later during the closed meeting.
At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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Chairman Brown called for a public hearing on the following:
Ordinance to Amend and Reenact the Isle of Wight County Code by
Enacting Appendix B -2. Coastal Primary Sand Dune Zoning
Interim County Attorney Burton advised that .State law requires that
what is provided by statute must be adopted by localities. He advised that the
Ordinance has been properly advertised and he recommended that the Board
adopt it following the public hearing tonight.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed amendments.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY ENACTING
APPENDIX B -2. COASTAL PRIMARY SAND DUNE ZONING
ORDINANCE
WHEREAS, the Isle of Wight County Board of Supervisors has
adopted a wetlands zoning ordinance pursuant to Section 28.2 -1302 of the
Code of Virginia (1950, as amended); and
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WHEREAS, the Virginia General Assembly has granted the authority
to counties that have adopted a wetlands zoning ordinance in accordance with
the Code of Virginia to adopt a coastal primary sand dune ordinance; and
WHEREAS, the Isle of Wight County Board of Supervisors is
environmentally conscious and wishes to seek any and all avenues in which
to protect and promote our natural resources and environment.
NOW, THEREFORE, BE IT ORDAINED that the Isle of Wight
County Board of Supervisors hereby amends and reenacts the Isle of Wight
County Code by enacting Appendix B -2. Coastal Primary Sand Dune Zoning
Ordinance as follows:
APPENDIX 13-2.
COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
Article 1. Title, Authority and Definitions.
§ 1000. Title.
§ 1001. Authority.
§ 1002. Definitions.
Article 2. Permitted Uses.
§ 2000. Permitted Uses.
Article 3. Permitting Procedures.
§ 3000. Generally.
§ 3001. Freedom of Information.
§ 3002. Public Hearing.
§ 3003. Approval.
§ 3004. Compliance Bond.
Article 4. Wetlands Board Review.
§ 4000. Responsibilities.
§ 4001. Basis for Decisions.
§ 4002. Commission Review.
§ 4003. Permit Issuance.
§ 4004. Permit Expiration.
§ 4005. Permit Affect.
Article 5. Violations, Injunctions and Penalties.
§ 5000. Violations.
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§ 5001. Injunctions.
§ 5002. Penalties.
Article 1. Title, Authority and Definitions.
Sec. 1000. Title.
This ordinance shall be known and referenced as the "Coastal Primary
Sand Dune Zoning Ordinance" of Isle of Wight County, Virginia.
Sec. 1001. Authority.
The governing body of Isle of Wight County, acting pursuant to
Chapter 14, Section 28.2 -1400 et seq.) of Title 28.2 of the Code of Virginia,
adopts this ordinance regulating the use and development of coastal primary
sand dunes. Whenever coastal primary sand dunes are referred to in this
ordinance, such references shall also include beaches.
Sec. 1002. Definitions
As used in this ordinance, unless the context requires a different
meaning:
a. Beach means the shore line zone comprised of unconsolidated
sandy material upon which there is a mutual interaction of the forces of
erosion, sediment transport and deposition that extends from the low water
line landward to where there is a marked change in either material
composition or physiographic form such as a dune, bluff, or marsh, or where
no such change can be identified, to the line of woody vegetation (usually the
effective limit of storm waves), or the nearest impermeable man -made
structure, such as a bulkhead, revetment, or paved road.
b. Coastal primary sand dune or dune means a mound of
unconsolidated sandy soil which is contiguous to mean high water, whose
landward and lateral limits are marked by a change in grade from ten percent
or greater to less than ten percent, and upon which is growing any of the
following species: American beach grass (Ammophila breviligulata); beach
heather (Hudsonia tomentosa); dune bean (Strophostyles spp.); dusty miller
(Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort
(Honckenya peploides); sea oats (Uniola paniculata); sea rocket (Cakile
edentula); seaside goldenrod (Solidago sempervirena); Japanese sedge or
Asiatic sand sedge (Carex kobomugi); Virginia pine (Pinus virginiana);
broom sedge (Andropogon virginicus); and short dune grass (Panicum
amarum). For the purpose of this ordinance, "coastal primary sand dune"
shall not include any mound of sand, sandy soil, or dredge spoil deposited by
any person for the purpose of temporary storage, beach replenishment or
beach nourishment, nor shall the slopes of any such mound be used to
determine the landward or lateral limits of a coastal primary sand dune.
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c. Commission means the Virginia Marine Resources Commission.
d. Commissioner means the Commissioner of Marine Resources.
e. County means the governing body of Isle of Wight County.
f. Governmental activity means any of the services provided by the
Commonwealth or a county to its citizens for the purpose of maintaining
public facilities, including but not limited to, such services as constructing,
repairing, and maintaining roads; providing street lights and sewage facilities,
supplying and treating water; and constructing public buildings.
g. Wetlands board or board means the Isle of Wight County
Wetlands Board created pursuant to Section 28.2 -1303 of the Code of
Virginia (1950, as amended).
Article 2. Permitted Uses.
Sec. 2000. Permitted Uses.
The following uses of and activities in dunes are authorized if
otherwise permitted by law:
a. The construction and maintenance of noncommercial walkways
which do not alter the contour of the coastal primary sand dune;
b. The construction and maintenance of observation platforms
which are not an integral part of any dwelling and which do not alter the
contour of the coastal primary sand dune;
c. The planting of beach grasses or other vegetation for the purpose
of stabilizing coastal primary sand dunes;
d. The placement of sand fences or other material on or adjacent to
coastal primary sand dunes for the purpose of stabilizing such features,
except that this provision shall not be interpreted to authorize the placement
of any material which presents a public health or safety health;
e. Sand replenishment activities of any private or public concern,
provided no sand shall be removed from any coastal primary sand dune
unless authorized by lawful permit;
f. The normal maintenance of any groin, jetty, riprap, bulkhead, or
other structure designed to control beach erosion which may abut a coastal
primary sand dune;
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g. The normal maintenance or repair of existing roads, highways,
railroad beds, and facilities of the United States, this Commonwealth, the
county, or of any person, provided no coastal primary sand dunes are altered;
h. Outdoor recreational activities, provided the activities do not
alter the natural contour of the coastal primary sand dune or destroy the
vegetation growing thereon;
i. The conservation and research activities of the Commission,
Virginia Institute of Marine Science, Department of Game and Inland
Fisheries, and other conservation - related agencies;
j. The construction and maintenance of aids to navigation which are
authorized by governmental authority;
k. Activities pursuant to any emergency declaration by the
governing body or Governor of the Commonwealth or any public health
officer for the purposes of protecting the public health and safety; and
1. Governmental activity in coastal primary sand dunes owned or
leased by the Commonwealth or a political subdivision thereof.
Article 3. Permitting Procedures.
Sec. 3000. Generally.
a. Any person who desires to use or alter any coastal primary sand
dune within this County, other than for the purpose of conducting the
activities specified in Section 2000 of this Ordinance, shall first file an
application directly with the Wetlands Board or with the Commission.
b. The permit application shall include the following:
(I) Name and address of the applicant;
(2) A detailed description of the proposed activities;
(3) A map, drawn to an appropriate and uniform scale, showing the
area of dunes directly affected, the location of the proposed work thereon, the
area of the proposed fill and excavation, the location, width, depth and length
of any disposal area, the location of all existing and proposed structures,
sewage collection and treatment facilities, utility installations, roadways, and
other related appurtenances or facilities, including those on adjacent uplands;
(4) A description of the type of equipment to be used and the means
of equipment access to the activity site;
(5) The names and addresses of owners of record of adjacent land
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(6) Estimate of cost;
(7) The primary purpose of the project;
(8) Any secondary purposes of the project, including further
projects;
(9) The public benefit to be derived from the proposed project;
(10) A complete description of measures to be taken during and after
the alteration to reduce detrimental offsite effects;
(11) The completion date of the proposed work, project, or structures;
and
(12) Any such additional materials and documentation as the
Wetlands Board may require.
c. A nonrefundable processing fee shall accompany each permit
application. The fee shall be set by the applicable governing body with due
regard for the services to be rendered, including the time, skill, and
administrator's expense. No person shall be required to file two (2) separate
applications for permits if the proposed project will require permits under
this ordinance and Chapter 17 (Wetlands Zoning) of this Code. Under those
circumstances, the fee shall be established pursuant to this ordinance.
Sec. 3001. Freedom of Information.
All applications, maps, and documents submitted shall be open for
public inspection at the Isle of Wight County Department of Planning and
Zoning.
Sec. 3002. Public Hearing.
Not Iater than sixty (60) days after receipt of a complete application,
the Wetlands Board shall hold a public hearing on the application. The
applicant, local governing body, Commissioner, owner of record of any land
adjacent to the coastal primary sand dunes in question, the Virginia Institute
of Marine Science, the Department of Game and Inland Fisheries, the State
Water Control Board, the Department of Transportation, and any
governmental agency expressing an interest in the application shall be
notified of the hearing. Notices shall be mailed not less than twenty (20)
days prior to the date set for the hearing. The Wetlands Board shall also
cause notice of the hearing to be published at least once a week for two (2)
weeks prior to such hearing in a newspaper of general circulation in this
county. The costs of publication shall be paid by the applicant.
Sec. 3003. Approval.
a. Approval of a permit application shall require the affirmative
vote of three (3) members of a five - member board or four (4) members of a
seven - member board.
b. The chairman of the board, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses. Any person
may appear and be heard at the public hearing. Each witness at the hearing
may submit a concise written statement of his testimony. The board shall
make a record of proceeding, which shall include the application, any written
statements of witness, a summary of statements of all witness, the findings
and decision of the board, and the rational for the decision.
c. The board shall make its determination within thirty (30) days of
the hearing. If the board fails to act within that time, the application shall be
deemed approved. Within forty -eight (48) hours of its determination, the
board shall notify the applicant and the Commissioner of its determination.
If the board fails to make a determination within the thirty- (30) day period, it
shall promptly notify the applicant and the Commission that the application is
deemed approved.
d. If the board's decision is reviewed or appealed, the board shall
transmit the record of its hearing to the Commissioner. Upon a final
determination by the Commission, the record shall be returned to the board.
The record shall be open for public inspection at the Isle of Wight County
Department of Planning and Zoning.
Sec. 3004. Compliance Bond.
The board may require a reasonable bond or letter of credit in an
amount and with surety and conditions satisfactory to it, securing to the
County compliance with the conditions and limitations set forth in the permit.
The board may, after a hearing held pursuant to this ordinance, suspend or
revoke a permit if the applicant has failed to comply with any of the
conditions or limitations set forth in the permit or has exceeded the scope of
the work described in the application. The board may, after a hearing,
suspend a permit if the applicant fails to comply with the terms and
conditions set forth in the application.
Article 4. Wetlands Board Review.
Sec. 4000. Responsibilities.
In fulfilling its responsibilities under this ordinance, the board shall
preserve and protect coastal primary sand dunes and beaches and prevent
their despoliation and destruction. However, whenever practical, the board
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shall accommodate necessary economic development in a manner consistent
with the protection of these features.
In deciding whether to grant, grant in modified form, or deny a permit,
the board shall consider the following:
a. In deciding whether to grant, grant in modified form, or deny a
permit, the board shall consider the following:
(1) The testimony of any person in support of or in opposition to the
permit application;
(2) The impact of the proposed development on the public health,
safety, and welfare, and
(3) The proposed development's conformance with standards
prescribed in Section 28.2 -1408 of the Code of Virginia (1950, as amended)
and guidelines promulgated pursuant to Section 28.2 -1401 of the Code of
Virginia (1950, as amended).
met:
Sec. 4001. Basis for Decisions.
b. The board shall grant the permit if all of the following criteria are
(1) The anticipated public and private benefit of the proposed
activity exceeds its anticipated public and private detriment.
(2) The proposed development conforms with the standards
prescribed in Section 28.2 -1408 of the Code of Virginia (1950, as amended)
and guidelines promulgated pursuant to Section 28.2 -1401 of the Code of
Virginia (1950, as amended).
(3) The proposed activity does not violate the purposes and intent of
this ordinance or Chapter 14, Section 28.2 -1400 of Title 28.2 of the Code of
Virginia.
c. If the board finds that any of the criteria listed in subsection (b)
of this section are not met, the board shall deny the permit application but
allow the applicant to resubmit the application in modified form.
Sec. 4002. Commission Review.
a. The Commissioner shall review all decisions of the Wetlands
Board and request the Commission to review a decision only when he
believes the board failed to fulfill its responsibilities under the Coastal
Primary Sand Dune Zoning Ordinance.
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b. The Commission shall review a decision of the Wetlands Board
when any of the following events occur:
(1) An appeal is taken from the decision by the applicant or by the
County.
(2) The Commissioner requests the review. In order to make the
request, the Commissioner shall notify the board, applicant, and County
within ten (10) days of receiving notice of the board's decision.
(3) Twenty -five (25) or more freeholders of property within the
County sign and submit a petition to the Commission requesting the review.
The petition shall indicate those specific instances where the petitioners
allege that the board failed to fulfill its responsibilities under the Coastal
Primary Sand Dune Zoning Ordinance.
c. All requests for review or appeal shall be made within ten (10)
days of the date of the board's decision. The Commission shall hear and
decide the review or appeal within forty-five (45) days of receiving the
request for review or notice of appeal. A continuance may be granted by the
Commission on a motion of the applicant, the freeholders specified in
subsection (a) of this section, or the County.
Sec. 4003. Permit Issuance.
a. The permit shall be in writing, signed by the chairman of the
board, and notarized. A copy of the permit shall be transmitted to the
Commissioner.
b. No permit shall be issued until the period within which a request
for review or an appeal to the Commission may be made has expired. If a
request for review is made or an appeal is noted, no activity for which the
permit is required shall be commenced until the Commission has notified the
parties of its determination.
Sec. 4004. Permit Expiration.
No permit shall be granted without an expiration date established by
the board. Upon proper application, the board may extend the permit
expiration date.
Sec. 4005. Permit Affect.
No permit granted by the Wetlands Board shall in any way affect the
right of any person to seek compensation for any injury in fact incurred by
him because of the permitted activity.
Article 5. Violations, Injunctions and Penalties..
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Sec. 5000. Violations.
Any person who knowingly, intentionally, or negligently violates
any order, rule, or regulation of the Commission or Wetlands Board, any
provision of Chapterl4, Article 2 of Title 28.2 of the Code of Virginia or of
this Coastal Primary Sand Dune Zoning Ordinance enacted pursuant to
Chapter 14, Article 2 of Title 28.2 of the Code of Virginia, or any provision
of a permit granted pursuant to Chapter 14, Article 2 of Title 28.2 of the
Code of Virginia is guilty of a Class I misdemeanor. Following a conviction,
every day the violation continues is a separate offense.
Sec. 5001. Injunctions.
Upon the petition of the Commission or the Wetlands Board to
the Circuit Court of Isle of Wight County, Virginia, the court may enjoin the
unlawful act and order the defendant to take any steps necessary to restore,
protect, and preserve the dunes or beaches involved. This remedy shall be
exclusive of and in addition to any criminal penalty which may be imposed
under Section 28.2 -1418.
Sec. 5002. Penalties.
a. Without limiting the remedies which may be obtained under this
Appendix B -2, any person who violates any provision of this Appendix B -2
or who violates or fails, negates, or refuses to obey any Commission or
wetlands board notice, order, rule, regulation, or permit condition authorized
by this Appendix B -2 shall, upon such finding by an appropriate circuit
court, be assessed a civil penalty not to exceed $25,000 for each day of
violation. Such civil penalties may, at the discretion of the court assessing
them, be directed to be paid into the treasury of the county, city, or town in
which the violation occurred for the purpose of abating environmental
damage to or restoring dunes or beaches therein, in such a manner as the
county may, by order, direct, except that where the violator is the county,
city, or town itself, or its agent, the court shall direct the penalty to be paid
into the state treasury.
b. Without limiting the remedies which may be obtained under this
Appendix B -2, and with the consent of any person who has violated any
provision of this Appendix B-2 or who has violated or failed, neglected, or
refused to obey any Commission or wetlands board order, rule, regulation or
permit condition authorized by this Appendix B -2, the Commission or
wetlands board may provide, in an order issued by the Commission or
wetland board against such person, for the one -time payment of civil charges
for each violation in specific sums, not the exceed $10,000 for each violation.
Civil charges shall be in lieu of any appropriate civil penalty which could be
imposed under subsection (a) of this Section. Civil charges may be in
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addition to the cost of any restoration ordered by the Commission or a
wetlands board.
For state law as to authority of County to enact this
Appendix, see Code of Virginia, Section 28.2 -1403.
As to Wetlands Zoning, see Chapter 17 of this Code.
As to Erosion and Sedimentation Control, see Chapter 6
of this Code. As to Zoning generally, see Appendix B.
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
Chapter 1. General Provisions. By Enacting Section 1 -7.3 Assessment
for Courthouse Construction and Renovation
Interim County Attorney Burton advised that State law authorizes the
collection of a $3 fee on persons convicted of being in violation of an
ordinance or statute. He further advised that the Ordinance has been properly
advertised and he recommends that the Board adopt it following the public
hearing.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed amendment.
No one appeared and spoke.
Chairman Brown closed the public hearings and called for comments
from the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted:
AN ORDINANCE TO AMENDING AND REENACTING
THE ISLE OF WIGHT COUNTY CODE BY ENACTING
CHAPTER 1. GENERAL PROVISIONS.
SECTION 1 -7.3. ASSESSMENT FOR COURTHOUSE
CONSTRUCTION AND RENOVATION.
WHEREAS, Section 17.1 -281 of the Code of Virginia (1950, as
amended) empowers any county, by ordinance, to assess a fee for each civil
action filed in the district or circuit court and each criminal or traffic case in
its district or circuit court in which a defendant is charged with a violation of
any statute or ordinance for the purpose of funding courthouse construction
and renovation cost; and
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WHEREAS, the Virginia Department of General Services has properly
certified that the Isle of Wight County Courthouse facilities are in
noncompliance with the Virginia Courthouse Facility Guidelines, Second
Edition; and
WHEREAS, following a public hearing held in accordance with the
Code of Virginia, the Board of Supervisors of Isle of Wight County has
determined that it is in the best interest of Isle of Wight County, Virginia (the
"County ") for the County to impose such a fee.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 1. General Provisions. be
amended by enacting Section 1 -7.3. Assessment for Courthouse Construction
and Renovation. of the Isle of Wight County Code as following:
Sec. 1 -7.3. Assessment for Courthouse Construction and Renovation.
Any person filing a civil action in the district court or circuit court of
Isle of Wight County and any person charged with a violation of a criminal
or traffic statute or ordinance in the district court or circuit court of Isle of
Wight County shall be assessed a fee of Three Dollars ($3.00) as part of the
costs in each court in each case. Such fee shall not be assessed in any civil
action if the amount in controversy is $500 or less.
This fee assessment shall be collected by the clerk of the court in which
the action is filed, remitted to the Isle of Wight County Treasurer and held by
the Treasurer subject to appropriation by the governing body solely for the
construction, reconstruction, renovation of, or adaptive re -use of a structure
for a courthouse.
For state law as to authority of the Board of Supervisors to prescribe
a fee for courthouse construction and renovation, see Code of Va., §
17.1- 281(C).
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 1. General Provisions, Section
1 -7.1 Court Costs
Interim County Attorney Burton advised that State law authorizes the
collection of a $5 fee on persons found in violation of a statute or ordinance.
He further advised that the Ordinance has been properly advertised and he
recommends that the Board adopt it following the public hearing.
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Chairman Brown called for persons to speak in favor of or in
opposition to the proposed amendment.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING
CHAPTER 1. GENERAL PROVISIONS.
SECTION 1 -7.1. COURT COSTS.
WHEREAS, Section 53.1 -120 of the Code of Virginia (1950, as
amended) empowers any county, by ordinance, to assess a fee for each
criminal or traffic case in its district or circuit court for which a defendant is
convicted of a violation of any statute or ordinance for the purpose of
funding courthouse security personnel; and
WHEREAS, following a public hearing held in accordance with the
Code of Virginia, the Board of Supervisors of Isle of Wight County has
determined that it is in the best interest of Isle of Wight County, Virginia (the
"County ") for the County to impose such a fee.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 1. General Provisions. Section
1 -7.1. Court Costs. of the Isle of Wight County Code be amended by adding
the following:
Sec. 1 -7.1. Court Costs.
Any person convicted of a violation of any statute or ordinance in any
criminal or traffic case in the district court or circuit court of Isle of Wight
County shall be assessed a sum of Five Dollars ($5.00) as part of the costs in
each court in each case. Effective July 1, 2007, any person convicted of a
violation of any statute or ordinance in any criminal or traffic case in the
district court or circuit court of Isle of Wight County shall be assessed a sum
of Ten Dollars ($10.00) as part of the costs in each court in which a
defendant is convicted of a violation in each case.
The assessment shall be collected by the clerk of the court in which the
case is heard, remitted to the Isle of Wight County Treasurer and held by the
Treasurer subject to appropriation by the governing body to the sheriff's
office for the funding of courthouse security personnel.
16
For state law as to authority of the Board of Supervisors to prescribe
a fee for courthouse security personnel, see Code of Va., § 53.1 -120.
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:
Deed of Gift Easement to Virginia Outdoors Foundation
Interim County Attorney Burton advised that the matter has been
properly advertised which would grant a permanent open space easement for
preservation of land along the edge of the County's property to provide open
space to be kept in perpetuity.
Chairman Brown called for persons to speak in favor of or in
opposition to the Deed of Gift easement.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the Board approve the Deed of Gift
Easement by the County to the Virginia Outdoors Foundation. The motion
was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Casteen
and Clark voting in favor of the motion and Supervisor Wright voting against
the motion.
1f
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.
1!
Chairman Brown called for the County Administrator's report.
County Administrator Caskey stated that responsive to the Board's
action to hold its retreat on November 13 -14, 2009 at the Courthouse
complex, included in the agenda is a draft agenda for the Board's
consideration. He noted that the Board had earlier discussed under Board
17
Comments that it would like to include the matter of potential consolidation
of services to its subjects to be discussed at its retreat.
County Administrator Caskey was directed to list consolidation of
services first on the agenda; reprint VACo's report generated in the 1993 -94
which listed examples of consolidated services throughout the State of
Virginia; reprint the interim reports done by the School Board and County in
2003/04; and, Mr. Robertson is to contact Dean Lynch to discuss the most
recent strategies in the Governor's budget cuts.
Supervisor Clark moved that County Administrator Caskey be directed
to invite the Superintendent and School Board members to a work session in
December to discuss consolidation of services. 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.
Edwin P. Wrightson, Director of General Services, briefed the Board
on staff's joint efforts with the City of Franklin and Southampton County
regarding the development of a regional recycling program. He advised that
Southampton County has drafted an RFP that will be solicited on behalf of
the City of Franklin and Southampton County and he is seeking the Board's
permission to join in on the regional recycling RFP process.
Supervisor Bradshaw moved to authorize staff to participate with
Southampton County and the City of Franklin in the regional RFP process for
recycling services. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
County Administrator Caskey advised that Mark P. Furlo, the County's
Parks Administrator, has been reclassified as the County's new Director of
Parks and Recreation and that a press release will be issued immediately.
1/
Chairman Brown called for consideration of the Consent Agenda.
A. Resolution for Annual Recognition of County Youth Sport
Volunteers
Resolution in Support of Youth Sport Volunteers 2008 -09
Recognition
Isle of Wight Ruritan Club: Water Connection Fee
C. Support for John D. "Jack" Miller, Jr.
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Resolution of Support for John D. "Jack" Miller, Jr. to
Serve as Secretary/Treasurer of the Virginia Association of
Counties
D. Voting Credentials for the VACo Annual Business Meeting
E. Additional Funding for Real Estate Assessment Software
Resolution to Appropriate Funds to Enhance the Real
Estate Assessment Process
F. County Contributions to Non - profits and Independent Agencies
G. Fair Committee By -Law Amendment
H. Overnight Stay Policy Amendment to Tyler's Beach Docking
Agreement
L Monthly Financial Reports for County and Schools
J. Planning Commission Action List of September 22, 2009
K. Recyc Systems, Inc. Biosolids Status Report
L. August 6, 2008 Regular Meeting Minutes
M. August 10, 2009 Special Meeting Minutes
N. Quarterly Economic Development Update Report
Supervisor Bradshaw moved that Items (H) and (3) be removed and the
remaining items on the Consent Agenda be approved (to include Item (N)
added under Approval 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.
Regarding Item (H) on the Consent Agenda, Chairman Brown moved
to approve the Overnight Stay Policy Amendment to the Tyler's Beach
Docking Agreement. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Brown requested Mr. Furlo to take appropriate action to have
the boat hull removed that is located near the trash cans.
Regarding Item (3) on the Consent Agenda, Supervisor Clark moved to
approve the Planning Commission Action List. The motion was adopted by a
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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.
Supervisor Clark moved to appoint Bill Kessler as the ex- officio
member on the Small Business Committee. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Brown moved that James Ford be appointed to replace R. L.
Walker on the Planning Commission. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved to accept the resignation of Jill Peerey
from the Blackwater Regional Library Board. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved to appoint Ed Easter to represent the Newport
District on the Redistricting Committee for the 2010 Census. 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 appoint Robert T. Laufer to represent the
Newport District on the Redistricting Committee for the 2010 Census. 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 Old Business.
Supervisor Clark commented that the property owned by VDOT near
the entrance to the James River Bridge is not being well maintained by
VDOT and it is a natural link to the Stoup property, as well as a gateway into
the County.
Supervisor Clark moved that staff be directed to contact VDOT and
request that the property be cleaned up near the entrance to the James River
Bridge where the chain link fence is located and the toll booth was removed.
Staff is also to inquire if the County can acquire the strip of property from
VDOT at the entrance to the James River Bridge. The request is to be sent to
20
Richmond. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Mr. Easter commented with respect to the Lawnes Pointe Subdivision
and the request to the County to discontinue the $2 million bond for the
sewer system, the County needs to be in a position of assurance that it will
never be responsible for the sewer system.
Interim County Attorney reminded the Board that the County is under a
regional Consent Order with the Department of Environmental Quality and if
the sewer system for the Lawnes Pointe Subdivision does not operate
properly, this could cause problems for the County.
1/
1/
Chairman Brown called for New Business.
There was no new business offered for discussion by the Board.
Interim County Attorney Burton called for a closed meeting pursuant to
Section 2,2- 3711.A.7 of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legal advice pertaining to a water
system in the Newport District; pursuant to Section 2,2- 3711.A.7 regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to a consent decree with the Environmental Protection Agency and
the Hampton Roads Sanitation District; pursuant to Section 2.2- 3711.A.3
regarding the discussion and acquisition of real property for a public purpose
in the Smithfield District where discussion in open meeting would adversely
affect the bargaining position of the public body; and, pursuant to Section
2.2- 3711.A.3 regarding the discussion and acquisition of real property for a
public purpose in the Carrsville District where discussion in open meeting
would adversely affect the bargaining position of the public body.
Supervisor Wright 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 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.
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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
Supervisor Wright moved that County Administrator Caskey be
directed to find out from Rusty Chase how many times Nightingale has flown
residents of the County out in emergency situations over the last five (5)
years. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Casteen moved that staff be directed to send out an RFP for
the drainage project for the museum so as to prevent any future flooding and
that the County reserves the right to reject any and all of bids. 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/
22
At 8:40 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the mo
Carey ills Storm, Clerk
23
Brown, Jr., Chairman