06-16-2011 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF JUNE IN THE YEAR
TWO THOUSAND AND ELEVEN
PRESENT: Thomas J. Wright, III, Chairman
Stan D. Clark, Vice - Chairman
Al Casteen
JoAnn W. Hall
Kenneth M. Bunch
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
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Chairman Wright called the meeting to order at 5:00 p.m.
Supervisor Hall delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Wright called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Administrator's report, remove the request by
General Registrar's Office to fill a part-time position; under the County
Administrator's report, move the School budget transfer resolution following
Special Presentations; and, move the Community Development report to later
in the meeting upon the arrival of Amy Ring.
Supervisor Casteen moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Wright called for Special Presentations /Appearances.
Animal Control Officer Barlow introduced a dog currently available for
adoption at the County's animal shelter.
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Sheriff Phelps advised the Board regarding the progress on the new
Animal Control facility and invited the Board to attend the open house on
July 7, 2011 from 4:00 p.m. until 5:00 p.m.
The Board recognized Girl Scout Troops 319, 681, 25, 482, 776, 989,
1081, 1089,1392, 1401, 4070 and 5114.
Supervisor Clark moved that the following Resolutions be adopted:
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 319 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 319 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 319 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 319 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 319 has been of invaluable assistance to the Isle of
Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 319 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 681 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 681 of Isle of Wight County, VA has
donated more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 681 donated fifty Crepe Myrtle Trees valued at
eight hundred dollars and two hundred volunteer hours to the County; and,
WHEREAS, Troop 681 planted twenty trees along Nike Park Road and
thirty trees to screen the irrigation well; and,
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WHEREAS, Troop 681 has been of invaluable assistance to the Isle of
Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 681 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 25 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 25 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 25 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 25 in conjunction with Troop 68 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 25 has been of invaluable assistance to the Isle of
Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 25 of Isle of Wight County, Va., is recognized and congratulated
for their exemplary dedication and service to Isle of Wight County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 482 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 482 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 482 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 482 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
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WHEREAS, Troop 482 has been of invaluable assistance to the Isle of
Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 482 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 776 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 776 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 776 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 776 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 776 has been of invaluable assistance to the Isle of
Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 776 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 989 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 989 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 989 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
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WHEREAS, Troop 989 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 989 has been of invaluable assistance to the Isle of
Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 989 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 1081 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 1081 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 1081 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 1081 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 1081 has been of invaluable assistance to the Isle
of Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 1081 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 1089 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 1089 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
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WHEREAS, Troop 1089 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 1089 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 1089 has been of invaluable assistance to the Isle
of Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 1089 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 1392 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 1392 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 1392 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 1392 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 1392 has been of invaluable assistance to the Isle
of Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 1392 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 1401 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 1401 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 1401 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 1401 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 1401 has been of invaluable assistance to the Isle
of Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 1401 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 4070 OF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 4070 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 4070 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 4070 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 4070 has been of invaluable assistance to the Isle
of Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 4070 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
RESOLUTION TO RECOGNIZE
GIRL SCOUT TROOP 5114 QF
ISLE OF WIGHT COUNTY, VA.
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Girl Scout Troop 5114 of Isle of Wight County, VA has
worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to
donate more than 4 hours of volunteer service at Carrollton Nike Park; and,
WHEREAS, Troop 5114 in conjunction with Troop 681 donated fifty
Crepe Myrtle Trees valued at eight hundred dollars and two hundred
volunteer hours to the County; and,
WHEREAS, Troop 5114 in conjunction with Troop 681 planted twenty
trees along Nike Park Road and thirty trees to screen the irrigation well; and,
WHEREAS, Troop 5114 has been of invaluable assistance to the Isle
of Wight County Department of Parks and Recreation; and,
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl
Scout Troop 5114 of Isle of Wight County, Va., is recognized and
congratulated for their exemplary dedication and service to Isle of Wight
County.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Cathy Rader, United Way of South Hampton Roads, notified the Board
that County employees contributed $11,706 to United Way in 2010, for a
grant total over the last five (5) years of $54,760. Andrea S. Clontz,
Employee Coordinator and Pam Barton, Director of Social Services, were
recognized and presented t- shirts expressing United Way's theme "Live
United."
Lisa Steel of Bella Fabrics of Carrollton was the featured Small
Business Close -up.
Mike McCoy, Virginia Campaign Coordinator, addressed the Board
regarding his opposition to the proposed coal -fired power plant in Surry
County. He requested the Board to oppose the proposed coal -fired power
plant by adopting a resolution of opposition and submitting a copy of any
Board action taken to the Army Corps of Engineers (COE) which is currently
gathering information for inclusion in an environmental impact statement.
Bob Burnley, former Head of the Virginia Department of
Environmental Quality and environmental advisor, on behalf of the Coalition
of Clean Energy and Clean Air Advocates for Virginia, stated that it is a myth
that the proposed facility will be a state-of-the-art coal -fired power plant as it
is really a super critical pulverized coal plant. He further stated that it is also
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a myth that the mathematical modeling done shows emissions from the
proposed plant will not have a significant impact on human health or the
environment. He advised that the Department of Environmental Quality
(DEQ) has not received a permit application for the facility yet. He stated
that emissions from this plant will cause ozone concentrations to rise in an
area that is already struggling to meet the ozone standard. He advised that in
2010 there were five (5) days in Hampton Roads in which the air was not
safe to breathe. He advised that the ozone season runs from May until
October and there have already been four (4) days this year. He advised that
additional ozone pollution will cause more severe and frequent asthma
attacks, more premature deaths, more strokes and more cardiac events such as
heart attacks. He advised that the proposed plant will also emit 1,800 tons of
soot every year for the next fifty (50) years and forty-four (44) pounds of
mercury which will further contaminate streams in this part of the State, as
well as in the Chesapeake Bay. He stated this unregulated source of water
pollution will be falling on all of the communities downwind, including the
County. He advised that the County will be responsible for cleaning up
under the DEQ Total Maximum Daily Load (TMDL) program and for
ensuring that the County is not contributing to the problem. He stated there
will also be economic damages to the seafood industry and tourism. He
advised that the proposed plant is going to push the County into a non-
attainment area and businesses do not open up new shops in areas with
environmental issues. He stated this is the wrong project at the wrong place
at the wrong time.
Responsive to Supervisor Clark's request, Mr. Burnley offered to email
a proposed resolution of opposition to County Administrator Caskey for the
Board's future consideration.
Chairman Wright advised that Theodore Hardison, the Governor's
Appointee to the Southeastern Public Service Authority of Virginia (SPSA),
was scheduled to make an appearance, but is not present.
Sheriff Phelps introduced two (2) dogs, one trained to identify drugs
and the other bombs. He advised that the K -9 drug dog will provide a
demonstration at the upcoming Olden Days event, which will include child
identification through the Project Lifesaver program. He advised that his
staff has moved into certain portions of the new Sheriff's office facility. He
advised that his office has been approved for a final year of funding for a
School Resource Officer. He advised that staff is still working on
certification as a crime prevention community, to include accreditation. He
advised that the "National Night Out" at Thomas Park will be held in August
and School Resource Officer Gwaltney will be teaching child drug resistance
and safety programs during summer camp. He advised that Deputy Pope will
be teaching at the Wakefield 4 -H camp and School Resource Officer Byrum
will be teaching BB gun safety to the Boy Scouts. He advised that 350
seniors attended the Tri -Ad conference in May of 2011.
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County Administrator Caskey presented A Resolution to Authorize a
Budget Transfer within the FY2010 -11 Budget for Isle of Wight Public
Schools for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE A BUDGET TRANSFER WITHIN THE
FY2010 -11 BUDGET FOR ISLE OF WIGHT PUBLIC SCHOOLS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia adopted the FY2010 -11 Isle of Wight County Public Schools budget by
category; and,
WHEREAS, the Schools anticipate overages in the Instructional Services
and Pupil Transportation categories due to unanticipated personnel expenses and
higher fuel and bus repair costs respectively; and,
WHEREAS, sufficient funding exists within the Debt Services category to
cover the overages in the aforementioned categories; and,
WHERAS, transfers between categories in the Isle of Wight County Public
Schools budget require authorization by the Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia that the Isle of Wight County Public Schools is
authorized to transfer funds in the amount of $100,000 from the Debt Service
category to the Instructional Services ($50,000) and Pupil Transportation
($50,000) categories in the FY2010 -11 Isle of Wight County Public Schools
budget.
BE IT FURTHER RESOLVED that the County Administrator is authorized
to do all things necessary to make the appropriate accounting adjustments in the
budget and to give this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Wright called for consideration of the Consent Agenda.
A. Quarterly Visit from Senator Mark R. Warner's Office
B. Charter Communications
C. NACo Voting Credentials
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D. Surplus Vehicles and Equipment Declaration
Resolution to Deem Certain Property and Vehicles as Surplus
Equipment
E. Compliance with General Accounting Standards Board Statement No.
54
Resolution to Adopt and Implement Governmental Accounting
Standards Board Statement No. 54
F. Commitment of Certain Funds in Accordance with General Accounting
Standards Board Statement No. 54
Resolution to Lapse or Commit Funds in Accordance with
Governmental Accounting Standards Board Statement No. 54
G. Fiscal Year 2010 -11 Monthly Financial Reports for County and
Schools
H. Biosolids Program in Isle of Wight County
Supervisor Clark moved that the Consent Agenda be approved, as
presented. The motion was adopted by a vote of (5 -0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Wright called for Regional Reports.
Supervisor Clark distributed handouts pertaining to discussions held at
the most recent Hampton Roads Transportation Planning Organization
meeting. He stated that no tolls on the James River Bridge and Patriot's
Crossing remain areas of focus for the TPO. He advised that CAO's of all
cities and counties were tasked with developing a governing organization
with respect to the inoperability of emergency communications.
Supervisor Casteen reported that only routine matters were discussed at
the last meeting of the Social Services Board.
Mark C. Popovich, Assistant County Attorney, reported that the 2012-
13 Southern Public Service Authority budget had been adopted.
Supervisor Hall reported that the Interim Jail Superintendent had been
hired as the Jail Superintendent at the most recent meeting of the Western
Tidewater Regional Jail Authority and contracts had been reviewed relative
to the upkeep of the Jail.
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Chairman Wright notified the Board regarding a meeting held in
Hanover County regarding TMDL. He advised that he had objected to the
sentiment that nitrogen in the Chesapeake Bay is primarily caused by
farmers.
Chairman Wright moved that County Administrator Caskey be directed
to meet with the Director of Economic Development with respect to the
setting of a meeting with Senator Frank Ruff regarding potential tobacco
funding for the County. The motion was adopted by a vote of (5 -0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Clark reported that he recently chaired a Hampton Roads
Planning District Commission Technical Advisory Committee regarding data
for TMDL and Chesapeake Bay Act clean up proposals.
Supervisor Clark reported as Chairman of the VACo Transportation
Steering Committee, he had recently met with the Secretary of Transportation
and the VDOT Chairman. He advised that a resolution had been adopted in
opposition to increased trucking load requirements.
Supervisor Clark advised that he had recently toured the American K -9
facility with Congressman Forbes and he encouraged all to visit the facility.
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Chairman Wright called for Transportation Matters.
Edwin P. Wrightson, Director of General Services, presented a
Resolution of the Isle of Wight County Board of Supervisors Requesting
Yellow Rock Lane be Added to the State Secondary Roadway System for the
Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS REQUESTING YELLOW ROCK LANE BE ADDED TO
THE STATE SECONDARY ROADWAY SYSTEM
WHEREAS, Yellow Rock Lane was established prior to 1980 and
currently serves at least 3 families per mile; and
WHEREAS, a 40 -foot wide right of way was acquired by the County
on June 7, 2001 and subsequently corrected on June 22, 2010; and
WHEREAS, on February 22, 2011, the County' acquired right of way
on an adjoining road segment to be used as a turnaround; and
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WHEREAS, the Virginia Department of Transportation has deemed the
County's current subdivision control ordinance meets all necessary
requirements to qualify this county to recommend additions to the secondary
system of state highways, pursuant to §33.1 -72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property abutting this
street, the Board finds that certain owners own more than one (1) lot but that
none were original developers nor successor developers, and deems that
extenuating circumstances exist to warrant this addition without assessment
against those persons owning more than one (1) lot or parcel; and
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors
requests Yellow Rock Lane be added to the Secondary System of State
Highways, pursuant to Section 33.1 -72.1 (C) of the Code of Virginia;
Name of District: Newport Name of Street: Yellow Rock Lane
From: State Route 665
To: Hideaway Lane (T turnaround, each leg 25 foot long, 60 foot wide and
50 foot wide right of way, respectively, available at the end of Yellow Rock
Lane)
Length: 0.63 miles
Guaranteed Right -of -Way Width: 40 feet
Plat Record, Date: June 29, 2001 Instrument: 013241 Page: 296
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right -of -way, as described, and any necessary easements for cuts,
fills and drainage; and
BE IT FURTHER RESOLVED, this Board requests the Virginia
Department of Transportation to improve said street to the prescribed
minimum standards, funding said improvements pursuant to §33.1 -72.1
(D), Code of Virginia; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the District Office of the Virginia Department of
Transportation.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
/1
Chairman Wright called for Citizens Comments.
Edmond Easter, Hideaway Lane, advised that he and other members of
the Isle of Wight Citizens Association had recently discussed the possibility
of saving money by closing the Windsor Middle School. He advised that a
meeting had been held with School officials, Thomas Finderson and reporters
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for The Smithfield Times and The Tidewater News. He stated some of the
information was noted to be out of date and unsubstantiated as to what the
actual savings could be. He stated that based on information provided to
him, there is no possibility of moving the students from Windsor Middle
School to Windsor High School. He commented on an article written in The
Smithfield Times which was inaccurate pertaining to the chemistry room. He
stated that the statement in that same article indicates there are 3.5 students
on the average in the Algebra class, but his calculations are 20 per class at
Windsor High School.
Alison Gail, Beautification Committee member, requested that
Committee's remaining funds (donated and project) be rolled over to this
year's budget for use by that Committee.
Ben Rideout, Beautification Committee member, distributed pictures of
an ongoing sign project in Zuni. He requested that the left over funds from
this year be rolled to next year.
Supervisor Clark moved that staff be directed to discuss the
entranceways into the County with Mr. Rideout and Ms. Gail. The motion
was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Bekura W. Shabazz, State Vice - President for the Coalition for Justice
and Civil Rights, requested the Board to encourage Sheriff Phelps to resign
from his position.
Rudy Langford, President for the Coalition for Justice and Civil Rights,
requested the Board to set aside its relationship with Sheriff Phelps and admit
that there has been a wrong committed in the Sheriff's office.
Bob Burnley, former head of the Virginia Department of
Environmental Quality, spoke relative to the Total Maximum Dail Load
(TMDL) requirement from the Department of Environmental Quality. He
advised that everyone agrees that 1/3 of the non -point source of nitrogen is
from air emissions.
Carol Jones, Secretary for the animal shelter, spoke about the
dedication of Animal Control staff, its volunteers and rescue workers.
Julia Buce, volunteer at the animal shelter, requested additional funding
for that Department.
Nancy Deming May, Newport District, spoke in opposition to the
proposed coal facility in Surry. She requested that the Board adopt a
resolution in opposition to the proposed coal fired plant in Surry.
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Sharon Hart, Newport District, spoke regarding the proposed power
plant in Surry with respect to the disposal of mercury into the wastewater
stream.
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Chairman Wright called for Board comments.
Supervisor Clark addressed the issue of the County's bond rating
noting that it has remained constant even in the economic downturn and the
closure of International Paper. He stated that of the 95 counties located in the
State of Virginia, only six (6) ranked higher than Isle of Wight County. He
stated that the County's rating represents the sound fmancial position and
fiscal management of the County.
Chairman Wright commented that the rating agencies expressed their
approval of the County and School officials working together in a common
financial interest.
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Chairman Wright called for the County Attorney's report.
Interim County Attorney Burton presented a Charter Communications
VI, LLC Franchise Extension Agreement for the Board's consideration.
Chairman Wright moved that the Chairman be authorized to execute
the Franchise Extension Agreement on behalf of the Board. The motion was
adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Interim County Attorney Burton advised that he has received a request
from Bill Riddick, Attorney representing All Virginia Environmental
Services, requesting that they be provided with a 5% surcharge for increased
fuel costs. He advised that currently there is not a provision in the contract
for such a fuel surcharge.
Mr. Wrightson recommended tying the surcharge to a certain range in
fuel costs.
Attorney Riddick responded that Mr. Moody is suggesting that if the
price of fuel drops below $3 the surcharge would go away and if the price
goes up to $4.50, Mr. Moody wants to renegotiate with the County. He
pointed out that there is no longer a disposal fee to the County; however, it is
costing Mr. Moody more and more to run his business.
15
Chairman Wright moved that Interim County Attorney be directed to
make contact with Attorney Riddick regarding the development of a proposal
of 5 %. The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
for public hearing An Ordinance to Amend and Reenact the Isle of Wight
County Code by Amending and Reenacting Chapter 12. Offenses -
Miscellaneous. Section 12 -1. Bad Checks -Fee for Writing to County.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise An Ordinance to Amend and Reenact the Isle of
Wight County Code by Amending and Reenacting Chapter 12. Offenses -
Miscellaneous. Section 12 -1. Bad Checks -Fee for Writing to County for
public hearing at the Board's July 7, 2011 meeting. The motion was adopted
by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
for public hearing the renewal of the lease agreement with the Windsor Hunt
Club. He advised that the renewal request is for a period of July 2011 to June
30, 2012.
Chairman Wright recommended proceeding with a public hearing on
the request with the knowledge that the Carrsville Volunteer Fire Department
has notified the County of certain concerns which can be voiced at the time
of the public hearing.
Chairman Wright moved that the County Attorney's office be
authorized to advertise the Windsor Hunt Club Lease for public hearing at
the Board's July 7, 2011 meeting. The motion was adopted by a vote of (5 -0)
with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Interim County Attorney Burton advised that he had five (5) matters for
discussion later during the closed meeting.
/1
Chairman Wright declared a recess.
At 7:00 p.m., the Board returned from its recess.
Supervisor Clark 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 (4 -0) with Supervisors Casteen, Clark, Hall and Wright voting in
16
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Bunch absent for the vote.
Chairman Wright called for a public hearing on the following:
A. The application of Charles L. & Deborah C. Owens, trustees of
the Charles L. Owens & Deborah C. Owens Living Trust, to
amend Conditional Rural Residential zoning to request an
additional 8.2 acres of land be rezoned from Rural Agricultural
Conservation (RAC) to Conditional Rural Residential (C -RR).
Said land being located on the east side of Carroll Bridge Road
(Rt. 654) approximately 1 mile north of Bowling Green Road
(Route 644) in the Windsor Election District, and the request to
withdraw the 8.2 acres from the Courthouse AgriculturaLForestal
District. This request is to amend zoning case #ZA -04 -10 to
increase the acreage of one (1) of the two (2) single family lots
rezoned on January 6, 2011 from 1.56 acres to 9.7 acres.
Sandy Robinson, Planner, introduced the application.
Supervisor Bunch returned to the meeting.
Chairman Wright called for persons to speak in favor of or in
opposition to the application.
Charles Owens, 15433 Carroll Bridge Road, advised that he is
interested in selling the property for financial reasons.
Chairman Wright closed the public hearing and called for comments
from the Board.
Chairman Wright moved that the application be approved. The motion
was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Chairman Wright called for a public hearing on the following:
B The application of Betty G. Duck, Mary E. Hawkins, Nell A.
Miller and David T. Gardner for a change in zoning classification
from Rural Agricultural Conservation (RAC) to Conditional -
Rural Residential (C -RR) of approximately twenty (20) acres of
land located on the north side of Five Forks Road (Rt. 606)
approximately .2 mile southeast of its intersection with Everets
Road (Rt. 603) in the Windsor Election District. The purpose of
the application is for two (2) single- family residential lots, as
conditioned.
17
Mr. Whitley introduced the public hearing.
Chairman Wright called for persons to speak in favor of or in
opposition to the application.
Attorney Riddick, representing the applicants, advised that only one (1)
new lot is being created and the applicant has offered a full cash proffer with
the application.
Chairman Wright closed the public hearing and called for comments
from the Board.
Chairman Wright moved that the application be approved. The motion
was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Chairman Wright called for a public hearing on the following:
C. An ordinance to amend and reenact the Isle of Wight County
Code by amending and reenacting Appendix B, Zoning, Article I,
entitled "General Provisions ", Section 1 -1013, entitled "Zoning
Permit and Occupancy Permit Guidelines" to revise the
requirements for penalties and remedies for violations, Article
VII, entitled "General Design Guidelines and Development
Review Procedures ", Section 7 -1004, entitled "General Site
Design Standards ", to revise the requirements for a preliminary
site analysis; Article VIII, entitled "Landscaping and Screening
Standards ", Section 8 -1008, entitled "Landscaping Credits
Table" to revise the point credit value for trees over eight inch
caliper preserved on the site and Article IX, entitled "Signs ",
Section 9 -1004, entitled "Temporary Signs ", to allow for sports
registration signs, on- premises seasonal agriculture product
promotions and sales signs and on- premises business promotions,
sales and services signs.
Matthew Smolnik, Assistant Director of Planning and Zoning,
introduced the Ordinance.
Chairman Wright called for persons to speak in favor of or in
opposition to the ordinance.
Ron Dashield, owner of the South of the James, expressed concern with
only being limited to display one (1) advertising sign during the month of
July and that the sign must be posted on the side of the building. He advised ,
that he needs a minimum of two (2) signs.
18
Attorney Riddick commented that he had served on the committee
studying this issue as an advisory member and that he appreciates staff
proposed ways to relax the ordinance, thus making it more business friendly
to the small business community.
Chairman Wright closed the public hearing and called for comments
from the Board.
Supervisor Clark noted that businesses selling seasonal fireworks
normally do post multiple signs. He recommended that the Board adopt the
Ordinance and staff return with an exception for fireworks to address two (2)
weeks before the 4th of July. Action not to invoke penalties on signage for a
90-day period was later taken under Old Business.
Supervisor Hall moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING APPENDIX B, ZONING, ARTICLE I, ENTITLED
"GENERAL PROVISIONS ", SECTION 1 -1013, ENTITLED "ZONING
PERMIT AND OCCUPANCY PERMIT GUIDELINES ", ARTICLE VII,
ENTITLED "GENERAL DESIGN GUIDELINES AND DEVELOPMENT
REVIEW PROCEDURES ", SECTION 7 -1004, ENTITLED "GENERAL
SITE DESIGN STANDARDS ", ARTICLE VIII, ENTITLED
"LANDSCAPING AND SCREENING STANDARDS ", SECTION 8 -1008,
ENTITLED "LANDSCAPING CREDITS TABLE ", AND ARTICLE IX,
ENTITLED "SIGNS ", SECTION 9 -1004, ENTITLED "TEMPORARY
SIGNS ".
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article I, entitled "General
Provisions ", Section 1 -1013, entitled "Zoning Permit and Occupancy Permit
Guidelines" of the Isle of Wight County Code be amended and reenacted as
follows:
1 -1013 Zoning Permit and Occupancy Permit Guidelines
19
A. When is a Zoning Permit Required
1. A zoning permit shall be required for the erection,
construction, reconstruction, moving, adding to, enlargement
or alteration of any structure, or the establishment of any land
use, except for bona fide agricultural uses, such as raising of
crop or livestock, permitted by right under the provisions of
this ordinance.
2. No permanent sign may be erected without first obtaining a
zoning permit in accordance with this ordinance.
3. No building or other structure except accessory farm structures
shall be razed, demolished, or removed, either entirely or in
part, nor shall any of said activities be commenced, without a
zoning permit (7- 1 -97).
4. Additional permits may be required to enforce the provisions
of this ordinance. (7 -1 -97)
B. Exemption from Zoning Permit
The following uses do not require a zoning permit for erection,
construction, reconstruction, moving, adding to, enlargement or
alternation (7- 1 -97):
1. Streets (7 -1 -97)
2. Electric power, telephone, cable television, gas, water, and
sewer lines, street lights, wires or pipes, together with
supporting, poles or structures, and traffic control signs
Iocated within a public right -of -way.
C. Zoning Permit Applications
1. All applicants for a zoning permit shall be accompanied by
such plans and information as the Zoning Administrator deems
to be necessary and appropriate to determine compliance and
provide for enforcement of this ordinance. (7 -1 -97)
2. If this ordinance requires approval by another agency of certain
site plan features, such approval shall be obtained prior to
issuance of a zoning permit, unless deemed unnecessary by the
Zoning Administrator due to the scope and nature of the
proposed project or development (7- 1 -97).
3. If the zoning permit involves the subdivision of land, an
approved subdivision plat shall be required (7 -1 -97)
20
D. Zoning Permit Approval
A zoning permit shall not be issued unless and until the site plan
and project proposal complies with applicable established design
criteria, construction standards, and specifications for all
improvements as may be required by this ordinance
E. Expiration of Permits
All permits shall expire automatically if, within six (6) months after
the issuance of such permits (7- 1 -97):
1. The use authorized by such zoning and/or other permit has not
commenced, in circumstances where no substantial
construction, erection, alteration, excavation, demolition, or
similar work is necessary before commencement of such use;
or (7- 1 -97),
2. If, after some physical alteration to land or structures begins to
take place, such work is discontinued for a period of six (6)
months, then the permit authorizing such work shall
immediately expire. However, expiration of the permit shall
not affect the provisions of Severability, Section 1012.A.
F. General Description of Occupancy Permit
1. No person shall use or permit the use of any structure or
premises or part thereof hereafter created, erected, changed,
converted, enlarged or moved, wholly or partly, until an
occupancy permit shall have been issued by the Building
Official.
2. No building, or other structure, or land shall be used, nor shall
any building, structure, or land be converted, wholly or in part,
to any other use, except for bonafide agricultural uses
permitted by right under the provisions of this ordinance, until
an occupancy permit has been issued by the Building Official
(7- 1 -97).
3. Such permits shall show that the structure or use, or both, or
the premises, or the affected part thereof, are in conformity
with the provisions of this ordinance.
4. It shall be the duty of the Building Official to issue such permit
if it is found that all of the provisions of this ordinance have
been met and to withhold such permit unless all requirements
of this ordinance have been met. If an occupancy permit is not
21
issued, written notice shall be given to the applicant stating
why an occupancy permit cannot be issued (7- 1 -97).
5. Upon written request from the owner, and upon inspection to
determine the facts in the case, the Building Official shall issue
an occupancy permit for any building premises or use that is in
conformity with the provisions of this ordinance or where a
legal nonconformity exists, as determined by the Zoning
Administrator. (7 -1 -97)
G. Temporary or Partial Occupancy Permit
1. The Building Official at his discretion may issue a temporary
occupancy permit with a recommendation from the Zoning
Administrator for a period not exceeding six (6) months during
alterations or partial occupancy of a building pending its
completion in accordance with general rules or regulations
concerning such additional conditions and/or safeguards as are
necessary, in the circumstances of the case, to protect the
safety of the general public. The occupancy permit recipient
may be required to provide a performance bond or other
security satisfactory to the Zoning Administrator and approved
as to form by the County Attorney to ensure that all of the
requirements of this ordinance will be fulfilled within a
reasonable period determined by the Zoning Administrator.
2. A final occupancy permit may be issued for any appropriate
complete building or part of a building Located in a part of the
total area or any approved site plan, provided:
a. The other on -site construction and improvements included
in the approved site plan for the section have been
inspected and accepted by the County and other
appropriate agencies and, at the discretion of the Zoning
Administrator, a certified "as built" site plan has been
submitted for review and approval prior to the proposed
date of occupancy (7- 1 -97).
b. The off-site improvements related to and necessary to
serve the section have been completed, inspected and
accepted by the County, the Virginia Department of
Transportation or other appropriate agencies; and the
developer has submitted a certified "as built" drawing for
the section; or the developer has provided surety
acceptable to the Zoning Administrator and approved as
to form the by the County Attorney.
H. Enforcement and Review
22
1. Zoning permit authorization
a. Zoning and occupancy permits issued on the basis of
plans and applications approved by the Zoning
Administrator shall authorize only the use, arrangement
and construction set forth in such permits, plans, and
certificates, and no other. The use, arrangement, or
construction at variance with that authorization shall be
deemed a violation of this ordinance.
b. All departments, officials and public employees of Isle of
Wight County, which are vested with the duty or authority
to issue permits or licenses, shall do so in conformance
with the provisions of this ordinance. Such departments
and personnel shall issue certifications or permits for uses,
buildings or purposes only when they are in harmony with
the provisions of this ordinance. Any such certification or
permit, if issued in conflict with the provisions of this
ordinance, shall be null and void.
I. Complaints regarding violations
Whenever the Zoning Administrator receives a written, signed
complaint or a duly completed complaint form alleging a violation
of this ordinance, he shall investigate the complaint, take whatever
action is warranted, and inform the complainant of what actions
have been or will be taken. (7 -1 -97)
3. Persons liable
The owner, tenant, or occupant of any building or land or part
thereof and any architect, builder, contractor, agent, or other person
who participates in, assists, directs, creates, or maintains any
situation that is contrary to the requirements of this ordinance may
be held responsible for the violation and suffer the penalties and be
subject to the remedies herein provided. (7 -1 -97)
K. Procedures upon discovery of violations
1. If the Zoning Administrator finds that any provision of this
ordinance is being violated, a written notice shall be forwarded
to the person responsible for such violation, indicating the
nature of the violation and ordering the action necessary to
correct it.
2. In cases when delay would seriously threaten the effective
enforcement of this ordinance or pose a danger to the public
23
health, safety, or welfare, the Zoning Administrator may seek
enforcement without prior written notice by posting an order to
"Cease and Desist ", and by invoking any of the penalties or
remedies authorized in this ordinance.
3. The Zoning Administrator in consultation with the County
Attorney may pursue other legal remedies as may be necessary.
L. Penalties and remedies for violations
1. Violating, causing or permitting the violation of, or otherwise
disregarding any of the provisions of this chapter by any
person, firm or corporation, whether as principal, agent, owner
lessee, employee or other similar position, shall be unlawful
and is subject to the following:
a. Criminal Sanctions
Upon conviction, shall be guilty of a misdemeanor and shall be
fined not less than ten dollars ($10.00), nor more than one-
thousand dollars ($1,000.00). Failure to remove or abate a
zoning violation shall constitute a separate misdemeanor
offense punishable by a fine of not less than ten dollars
($10.00) nor more than one - thousand dollars ($1,000.00), and
any such failure during any succeeding thirty day period shall
constitute a separate misdemeanor offense for each thirty day
period punishable by a fine of not less than ten dollars ($10.00)
nor more than one - thousand dollars ($1,000.00).
b. Injunctive Relief
Any violation or attempted violation of this chapter may be
restrained, corrected or abated as the case may be by injunction
or other appropriate relief.
c. Civil Penalties
i. Each day during which a violation is found to exist shall be
a separate offense. However, in no event shall a violation
arising from the same set of operative facts be charged
more frequently than once in any ten -day period and in no
event shall a series of such violations result in civil
penalties of more than five- thousand dollars ($5,000.00).
Such civil penalty shall be in lieu of criminal sanctions.
However, in the event such civil penalties total five
thousand dollars ($5,000.00) or more, the violation may be
prosecuted as a criminal misdemeanor.
24
ii. The Zoning Administrator and his designee may issue a
civil summons as provided by law for a scheduled
violation. Any person summoned for a scheduled violation
may make an appearance in person or in writing by mail to
the County Treasurer prior to the date fixed for trial in
court. Any person so appearing may enter a waiver of trial,
admit liability and pay the civil penalty established for the
offense(s) charged. Such persons shall be informed of their
right to stand trial and that a signature to an admission of
liability will have the same force and effect as a judgment
of court.
iii. If a person charged with a scheduled violation does not
elect to enter a waiver of trial and admit liability, the
violation shall be tried in the general district court in the
same manner and with the same right of appeal as provided
by law. In any trial for a violation, it shall be the burden of
the Zoning Administrator or his or her designee to show the
liability of the violator by a preponderance of the evidence.
If the violation remains uncorrected at the time of the
admission of liability or finding of liability, the court may
order the violator to abate or remedy the violation in order
to comply with the Zoning Ordinance. Except as otherwise
provided by the court for good cause shown, any such
violator shall abate or remedy the violation within a period
of time as determined by the court, but not later than six (6)
months of the date of admission of liability or finding of
liability. Each day during which the violation continues
after the court- ordered abatement period has ended shall
constitute a separate offense. An admission of liability or
finding of liability shall not be a criminal conviction for
any purpose.
d. No provision herein shall be construed to allow the imposition
of civil penalties for:
i. Enforcement of the Uniform Statewide Building Code;
ii. Activities related to land development or activities related
to the construction or repair of buildings and other
structures;
iii. Violations of the Erosion and Sediment Control Ordinance;
iv. Violations resulting in injury to any person or persons.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VII,
25
entitled "General Design Guidelines and Development Review Procedures ",
Section 7 -1004, entitled "General Site Design Standards" of the Isle of Wight
County Code be amended and reenacted as follows:
7 -1004 General Site Design Standards
A. Preliminary Site analysis
1. Prior to initiating site design, a written site analysis shall be
prepared including details of the physical characteristics of the
development site, such as:
a. Soils;
b. Topography;
c. Existing vegetation;
d. Existing structures;
e. Historical and architectural significance, including a
background and site assessment to determine whether or
not an archeological study is required. A background
assessment shall include a historical and cultural inventory
to include all sites referenced on the Isle of Wight Historic
Sites and Structures Inventory within the Isle of Wight
County Comprehensive Plan. Where County studies have
indicated a moderate or high probability that archeological
resources may exist on the property, a Phase I Historic and
Archeological Study in accordance with and under the
discretion of the Virginia Department of Historic Resource
shall be conducted;
f. Environmentally sensitive lands, i.e. watercourses,
wetlands, federal and state protected natural features, and
other natural features, including an environmental
assessment that identifies and evaluates the impact of the
proposed development on the natural resources and
characteristics of the property, and surrounding properties
including resources such as but not limited to wetlands,
flora and fauna and other ecosystems. This shall include
written confirmation of all federal and state agencies'
reviews. The inventory assessment shall also include
alternatives and planned measures to mitigate any impacts
identified;
g. Relationship of the site to existing road networks;
26
h. Public water and sewer facilities;
i. Availability of continuous and unobstructed access for all
emergency vehicles and the provision for fire hydrants
and water sources for fire protection;
J.
Schools, including anticipated impacts on existing and
proposed facilities, any provisions for accommodating
community needs and any means to improve access to any
such facility within one mile of the site;
k. Recreation, including anticipated impacts on existing and
proposed facilities, any provisions for accommodating
community needs and any means to improve access to
any such facility within one mile of the site;
1. Essential services related to the nature of the intended
use;
m. Adjoining land uses and structures, including the impact
of construction and permanent changes in land use upon
surrounding property, such as aesthetics, vegetation,
storm water, noise, air, light, and pollution of natural
water resources, groundwater, and potable water
supplies;
n.
Local and regional plans for the surrounding area; and
o. Relation of this site to existing and proposed pedestrian
pathways and bikeways, including an assessment that
identifies existing and proposed bikeways and pedestrian
pathways for the purpose of providing for additional
non - vehicular, multi - purpose pathway connections.
2. Information required as part of the site analysis may have been
submitted as part of a rezoning application. In such cases, a
copy of the site analysis information presented during the
rezoning process may be submitted to satisfy this requirement.
However, in any case, the site analysis must contain current
information.
B. Site design
1. Development of the site shall be based on the results of the site
analysis, and the capacity of adjacent roads which will serve
the property, the capacity of public water and sewer systems if
connections are proposed, and the capacity to provide
27
reasonable and timely response to requests for police, fire and
ambulance services.
2. To the maximum extent practicable, development shall be
located to preserve the natural features of the site, to avoid
areas of environmental sensitivity, to preserve historic
structures and to minimize negative impacts and alteration of
natural features.
a. The following includes those areas that shall, at a
minimum, be preserved as undeveloped open space, to the
extent consistent with the reasonable use of land, and in
accordance with applicable federal, state or county
regulations:
i. Tidal and non -tidal wetlands, tributary streams
(perennial), and tidal shorelines; (7 -1 -97)
ii. Significant trees or stands of trees; (7 -1 -97)
iii. Land located in the one hundred (100) year
floodplain as designated by the Isle of Wight County
Flood Plain Management (FPM) District Ordinance;
(7 -1 -97)
iv. Steep slopes in excess of thirty percent (30 %) unless
development is demonstrated to be the only effective
way to maintain or improve slope stability; (7 -1 -97)
v. Historically significant structures and sites, as listed
on federal, state, or county lists of historic places. (7-
1-97)
b. The development shall be designed to:
i. Minimize adverse affects on ground water and
aquifer recharge; (7 -1 -97)
ii. Reduce cut and fill; (7 -1 -97)
iii. Avoid unnecessary impervious cover; (7 -1 -97)
iv. Prevent flooding; (7 -1 -97)
v. Provide adequate access to lots and sites; and (7 -1-
97)
28
vi. Mitigate adverse effects of shadow, noise, odor,
glare, traffic, drainage, and utilities on neighboring
properties (7- 1 -97).
3. The road system shall be designed so as to permit the safe,
efficient, and orderly movement of vehicular traffic; to meet
the needs of the present and future population; to provide for
the interconnection of streets between adjoining developed and
undeveloped lands to assure adequate traffic flow; to have a
simple and logical pattern; to respect natural features and
topography; and to present an attractive streetscape.
4. The Virginia Department of Transportation shall approve the
location and design of vehicular entrances and exits to and
from state - maintained streets and highways.
5. The development shall be designed to provide an adequate
drainage system for the disposition of storm and natural
waters, to include, where required, storm water structures
and/or best management practices.
6. Existing natural features and amenities that add value to a
development or to the local community as a whole, such as
trees, watercourses, beaches, historic sites, and similar
irreplaceable assets, shall be preserved in the design of the
development. (7 -1 -97)
7. Existing trees eight (8) inches or more in diameter measured at
breast height (four and one -half (4 1 /2) feet from ground level)
shall be given high priority in determining the location of open
space, structures, underground utilities, walks, and paved
areas. Areas in which trees are preserved shall remain at
original grade level and shall remain undisturbed wherever
possible. (7 -1 -97)
8. Landscaping shall be provided in the required landscaping
zones. The type and amount of landscaping required shall be
allowed to vary with the type of development, but shall be
consistent with standards outlined in Article VIII, Landscaping
and Screening Standards.
9. Internal pedestrian pathways or bikeways shall be located as
required for safety and as determined by the Zoning
Administrator. In conventional developments, walks shall be
placed parallel to the street, with exceptions permitted to
preserve natural features or to provide visual interest. The
standards for construction of pedestrian and bicycle facilities in
Isle of Wight County shall meet the required comprehensive
standards as adopted by the Board of Supervisors.
C. Residential development design within Development Service
Districts, excluding Planned Developments, and under the density
bonus for cluster development in the Rural Agricultural
Conservation District as designated by the Comprehensive Plan
shall comply with the following:
1. Residential lots shall front only residential access or
subcollector streets, not on collector streets or arterial streets or
roads. (7 -1 -97)
2. In the design of residential developments, commercial through
traffic shall be prohibited.
3. Every residential lot shall have sufficient vehicular access to it
for emergency vehicles, as well as for persons needing access
to the property for its intended use. (7 -1 -97)
4. The placement of dwellings in residential developments shall
take into consideration topography, building height,
orientation, drainage, and aesthetics. (7 -1 -97)
5. Structures shall be spaced so that adequate privacy is provided
for individual dwellings. (7 -1 -97)
6. Residential dwellings shall be located and sited to facilitate
easy pedestrian access to common open space.
7. Diversity and originality in lot layout and individual dwelling
design shall be encouraged to achieve the best possible
relationships between the residential development and the land.
(7 -1-97)
8. Individual lots and dwellings shall be arranged and situated so
as to relate to surrounding properties, and to improve the view
from dwellings. (7 -1 -97)
9. Individual lots, dwellings, and parking areas shall be situated
to avoid the adverse effects of shadows, noise, glare, and
traffic on the residents of the development. (7 -1 -97)
10. Innovative design that encourages energy conservation shall be
encouraged.
D. Commercial and industrial developments shall be designed
according to the same principles governing the design of residential
30
developments and in particular shall take into consideration the
following:
1. Structures and roadways shall be located according to
topography to avoid environmentally sensitive areas to the
maximum extent practicable.
a. Factors such as drainage, noise, glare, odor, and
surrounding land uses shall be considered in siting
structures; (7 -1 -97)
b. Sufficient vehicular and pedestrian access shall be
provided within the site development and for overall
efficient access to the site; and
c. Buffering shall be provided to minimize adverse impacts
on neighboring properties.
2. Pedestrian walkways shall be provided so that patrons may
walk from store to store or building to building within the site
and to adjacent sites.
3. Site design shall take into consideration the needs of the
disabled and shall comply with all related design standards as
may be required by the Americans with Disabilities Act.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VIII,
entitled "Landscaping and Screening Standards ", Section 8 -1008, entitled
"Landscaping Credits Table" of the Isle of Wight County Code be amended
and reenacted as follows:
Section 8 -1008 Landscaping Credits Table
Environmental
Practice
Points credit
value
Applicable
Zone
Additional
Requirements
Tree
30 Points per
tree over 8"
Buffer,
Frontage,
Credit must be applied in
the zone the trees are
Preservation
caliper.
Tree -save
areas, tree
Parking,
Foundation,
Screening
located in, except that
trees which do not fall
into a particular zone
may be applied to the
preservation
Single-
buffer zone requirement
groupings, or
family
with approval of the
undisturbed,
delineated
wetland and
riparian areas
residential—
Whole Site
Zoning Administrator.
31
32
will be
evaluated and
may be
assigned a
credit value by
the Zoning
Administrator
on a case by
case basis.
Parking
10 Points per
Parking
Parking reduction must
Reduction
space below
the minimum
required in the
Zoning
be approved by the
Zoning Administrator
before credit is
applicable.
Ordinance.
Reduction request are
considered on a case by
case basis during site
plan review.
Permeable
8 Points per
Parking,
Credits must be applied
Material
162 square
feet
Foundation,
Frontage
to the zone which the
permeable material is
located in.
No credits may be
accumulated for
permeable surfaces
outside of a landscaping
zone, except as otherwise
specified in Article VIII.
Credits for surfaces
which are located within
a landscaping zone and
extend out of a
landscaping zone (such
as walkways between a
building and a parking
lot) may be applied to
the Foundation Zone
only.
Maintenance
specifications for the
technology used shall be
included in any required
site plans, environmental
32
33
management plans, and
in the BMP Maintenance
Agreement for the site.
Credit must be applied to
the zone which the
native species are
planted in.
100% Native
Plants
As identified by
Virginia
Department of
Conservation and
Recreation
10% reduction
in total Points
Parking,
Foundation,
Frontage,
Buffer,
Screening.
Single -
family
residential —
Whole Site
Green Roof
Each 1 square
foot of green
roof equals 1
Point
reduction in
the zone of
choice.
Foundation,
Buffer,
Frontage
Xeriscaping
10% reduction
in total Points
Parking,
Foundation,
Buffer,
Frontage,
Screening
Credit must be applied to
the zone in which the
xeriscaping is installed.
Not applicable to single -
family residential.
Green
Technology and
Intelligent
Siting
Solar
orientation
10% reduction
in Points
Foundation
Whole site
total
Points —
single -
family
residential
only
Seasonal
shading
10% reduction
in Points
Foundation
Single -
family
residential —
Whole Site
Solar /Geothermal
power
generation,
20% reduction
in Points
Foundation
Single-
33
heating, and/or
cooling
family
residential —
Whole Site
Innovative
Stormwater
Management
(rain gardens,
Low Impact
Development,
graywater
reuse)
10% reduction
in Points
Foundation,
Parking,
Buffer,
Frontage,
Screening.
Single-
family
residential—
Whole Site
Credit must be applied in
the zone in which the
facility is located.
Standard
detention/retention
ponds (with or without
fountains) and drainage
ditches and swales (with
or without vegetation)
will not qualify for this
credit.
Maintenance
specifications for the
technology used shall be
included in any required
site plans, environmental
management plans, and
in the BMP Maintenance
Agreement for the site.
U.S. Green
Building
Council
Leadership in
Energy and
Environmental
Design
Certification
(LEED Rating)
Certified
Rating
5% reduction
in buffer zone,
PLUS 5%
reduction in
foundation
zone, PLUS
5% reduction
in parking
zone Points
Buffer,
foundation,
parking
Silver Rating
10% reduction
in buffer zone,
PLUS 10%
reduction in
foundation
zone, PLUS
Buffer,
foundation,
parking
34
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article IX,
entitled "Signs ", Section 9 -1004, entitled "Temporary Signs" of the Isle of
Wight County Code be amended and reenacted as follows:
9 -1004 Temporary Signs
The following temporary signs, excluding those listed in Section 9- 1004.H
below, are permitted without a zoning permit. However, such signs shall
conform to the requirements set forth below as well as all other applicable
requirements of this ordinance except those contained in Sections 9 -1006.
A. Real estate advertising signs. Aesthetically appealing
1. On- premises signs.
a. On premises signs advertising the sale, lease, or rental of
property shall be limited to one (1) sign per lot per street
frontage or frontage on navigable waterway.
b. Signs in residential zoning districts and residential uses in
the NC, VC, and PD -MX districts shall not exceed four (4)
35
5% reduction
in parking
zone Points
Gold Rating
15% reduction
in buffer zone,
PLUS 15%
reduction in
foundation
zone, PLUS
10% reduction
in parking
zone Points
Buffer,
foundation,
parking
Platinum
Rating
20% reduction
in buffer zone,
PLUS 20%
reduction in
foundation
zone, PLUS
10% reduction
in parking
zone Points
Buffer,
foundation,
parking
Earthcraft
Certified
Construction
15% reduction
in total site
Points
Whole site
total Points
Single- family residential
only
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article IX,
entitled "Signs ", Section 9 -1004, entitled "Temporary Signs" of the Isle of
Wight County Code be amended and reenacted as follows:
9 -1004 Temporary Signs
The following temporary signs, excluding those listed in Section 9- 1004.H
below, are permitted without a zoning permit. However, such signs shall
conform to the requirements set forth below as well as all other applicable
requirements of this ordinance except those contained in Sections 9 -1006.
A. Real estate advertising signs. Aesthetically appealing
1. On- premises signs.
a. On premises signs advertising the sale, lease, or rental of
property shall be limited to one (1) sign per lot per street
frontage or frontage on navigable waterway.
b. Signs in residential zoning districts and residential uses in
the NC, VC, and PD -MX districts shall not exceed four (4)
35
square feet in size and a maximum of four (4) feet in
height.
c. Signs in Rural Agricultural Conservation zoning districts
shall not exceed sixteen (16) square feet in size and a
maximum of six (6) feet in height.
d. Signs in commercial and industrial zoning districts shall
not exceed thirty-two (32) square feet in size and a
maximum of ten (10) feet in height.
e. The height of all signs shall represent a measurement from
ground level to the top of the sign structure. Such signs
shall be located a minimum of ten (10) feet from any
property line.
2. Off - premises signs.
a. Off - premises signs advertising the sale, lease, or rental of
property shall be allowed in conjunction with a bona fide
"open house" showing only and shall not be erected for
more than three (3) days in any seven (7) day period.
b. Such signs shall be limited to four (4) square feet in size
and a maximum of four (4) feet in height.
c. Such signs shall be located a minimum of ten (10) feet
from any property line.
B. Construction site or development project identification signs.
1. Such signs shall not be erected prior to the issuance of a land
disturbing permit for the property and shall be removed within
ten (10) days after the issuance of the final occupancy permit by
the Building Official.
2. One (1) project identification sign shall be permitted per
construction site or development project and limited to no more
than sixteen (16) square feet in size and a maximum of ten (10)
feet in height.
3. In addition, in the case of multiple principals at the construction
site or for the development project (e.g., owner, developer,
architect, engineer, contractor, or real estate or leasing agent) all
identification information shall be contained on one (1)
additional sign, limited to no more than sixteen (16) square feet
in size and a maximum of ten (10) feet in height.
36
4. Such signs shall be located a minimum of ten (10) feet from any
property line.
C. Political campaign signs.
1 Such signs shall not be located within public rights -of -way or
attached to public utility structures and shall be limited to
freestanding signs not more than sixteen (16) square feet in area
in residential zones and thirty-two (32) square feet in area in
agricultural, commercial and industrial zones.
2. Such signs shall be no more than five (5) feet in height and shall
be located a minimum of ten (10) feet from any property lines.
3. No sign shall be permitted to encroach into the sight triangle of
any street intersection.
4. Such signs shall be removed within seven (7) days following an
election, canvass or primary.
D. Special event signs.
1. Signs indicating a special event to be located on property where
the special event such as a grand opening, fair, carnival, festival
or similar event, excluding business promotions, sales and
services signs as outlined in Section 9- 1004.H below, is to take
place may be erected no more than thirty (30) days prior to the
special event and shall be removed no later than forty -eight (48)
hours after the special event has concluded. However, grand
opening signs shall be removed no later than thirty (30) days
after the first day of the grand opening.
2. No sign shall be greater than thirty -two (32) square feet in size
and a maximum of ten (10) feet in height.
3. Such signs shall be located a minimum of ten (10) feet from any
property line.
4. Off - premises signs for special events sponsored by non - profit,
governmental or civic organizations may be permitted up to
thirty-two (32) square feet.
5. Grand opening and special event signs, as defined by Section 9-
1004.D, which contain or consist of pennants, balloons, ribbons,
streamers, banners, spinners, strings of lights, or other similar
moving or stationary devices, may also be erected in accordance
with the provisions of Section 9- 1004.D.1 (above).
37
E. Interior window or door display signs.
1. Signs advertising the sale or promotion of specific products,
services or events may be affixed to the interior of the transparent
portion of the window or door of civic, office, commercial or
industrial use types.
2. Such signs, individually or collectively, shall be limited to no
more than fifteen percent (15 %) of the surface area of the
transparent portion of the window or door to which they are
attached. (7 -7 -05; 2- 15 -06; 4- 18 -06.)
F. Sports registration signs.
1. On- premises or off-premises signs for sports team sign -ups
sponsored by non - profit or civic organizations may be permitted
up to four (4) square feet in size.
2. Such signs shall be located a minimum of ten (10) feet from any
property line, shall be located outside of VDOT right of way and
shall be located outside of any sight triangles related to public or
private roadways, driveways, or other points of ingress or egress.
3. Such signs shall be removed by sponsoring non - profit or civic
organization no later than the opening day of the sports season
for which the signs are advertising, or the last day for sign -ups,
whichever comes first.
G. On- premises seasonal agriculture product promotions and sales signs.
1. Signs advertising the promotion or sale of seasonal agricultural
products being directly marketed to the general public, excluding
those listed in Section 9- 1004.A thru Section 9- 1004.F above,
and Section 9- 1004.H below, may be allowed as follows:
a. Seasonal agriculture product promotions and sales signs
shall be limited to agricultural businesses where:
i. All advertised products are grown or raised on the
site or by the legal business entity in charge of the
farm operation; or
ii. The advertised product is a by- product, produced
from a substantial amount of the product
grown or raised on the site, as determined by the
Zoning Administrator.
38
b. Such signs may be displayed on the parcel at which the sale
is being held.
2. Signs not specifically listed in, and meeting the criteria of,
Section 9- 1004.G, shall be prohibited for the purpose of seasonal
agricultural product promotions and sales, except in the case of a
wayside stand, which is governed separately under this article.
3. Such signs shall be allowed as follows:
a. Banner signs, free - standing signs or flag signs may be
permitted up to a maximum of thirty-two (32) square feet
in size and six (6) feet in height, except a flag sign may be
permitted up to a maximum of ten (10) feet in height.
b. One (1) sign shall be permitted per frontage of the parcel at
which the sale is being held.
4. Such signs shall be located a minimum of ten (10) feet from any
property line, shall be located outside of VDOT right of way and
shall be located outside of the any sight triangles related to public
or private roadways, driveways, or other points of ingress or
egress.
H. On- premises business promotions, sales and services signs.
1. Signs advertising the sale or promotion of specific products or
services, excluding those listed in Section 9- 1004.A thru Section
9- 1004.G above, may be displayed on the parcel of a legal
business within the County.
2. Signs not specifically listed in, and meeting the criteria of,
Section 9- 1004.H, shall be prohibited for the purpose of on-
premises business promotions, sales and services signs.
3. When there is only one (1) legal business in operation on a
parcel, such signs, individually, shall be allowed as follows:
a. Banner signs, free- standing signs or flag signs may be
permitted up to a maximum of thirty-two (32) square
feet in size and six (6) feet in height, except a flag sign may
be permitted up to a maximum of ten (10) feet in height.
b. One (1) sign shall be permitted per parcel, outparcel or
per separate, physically detached business as determined by
the Zoning Administrator.
39
c. Such signs shall be located a minimum of ten (10) feet
from any property line, shall be located outside of VDOT
right of way and shall be located outside of any sight
triangles related to public or private roadways, driveways
or other points of ingress or egress.
4. When there is more than one (1) legal business in operation on a
parcel, such as a shopping center or mixed use building with
individual public entrances per business, signs, individually or
collectively, shall be allowed as follows:
a. Banner signs may be permitted up to a maximum of
thirty -two (32) square feet in size provided that they are
attached to the facade of the unit for which the promotion,
sale or service is located.
b. Sandwich board signs may be permitted up to a
maximum of ten (10) square feet in size on the sidewalk
immediately adjacent to the building facade for which the
promotion, sale or service is located. The sign surface area
shall be calculated by using the area of only one (1) side of
such sign. The height of the sign shall not exceed four (4)
feet.
c. One (1) sign shall be permitted per business.
5. The property owner, business owner, business manager or other
entity acting on behalf of the business applying for the zoning
permit, shall provide details of their request on forms provided
by the Zoning Administrator.
6. The property owner, business owner, business manager or other
entity acting on behalf of the business shall be required to obtain
a zoning permit for each application made to the County to erect,
install or display signs listed in Section 9- 1004.H.
7. Such signs shall be displayed no more than a total of fourteen
(14) calendar days per business in a calendar quarter.
8. Any violation of this section shall be punishable by a civil fine of
$150.00 for the first offense and $350.00 for every separate
offense thereafter. Each day that a violation continues following
the first offense shall be deemed as a separate offense.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
/1
Ms. Walkup announced that Mr. Smolnik has been promoted to the title
of Assistant Director of Planning and Zoning.
1/
Supervisor Clark moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Wright called for the Community Development report.
In the absence of Army Ring, Ms. Walkup presented a proposed update
to the County's 2003 Cash Proffer study for the Board's consideration.
Supervisor Clark moved that staff be authorized to initiate negotiations
for a consulting services contract with TischlerBise for the County's Cash
Proffer Study update. The motion was adopted by a vote of (5 -0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
1/
Chairman Wright called for the General Services report.
Mr. Wrightson advised that the current generator for the Rushmere
Volunteer Fire Department is a 2001 model and in need of replacement. He
requested that the County Administrator be authorized to execute the
equipment lease and service schedule "A ".
Supervisor Bunch excused himself from discussing and voting on the
matter noting a potential conflict.
Supervisor Hall moved that the County Administrator be authorized to
execute the Generator Lease and Service Agreement/Schedule "A" with the
Rushmere Volunteer Fire Department. The motion was adopted by a vote of
(4 -0) with Supervisors Casteen, Clark, Hall and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Bunch
abstaining from discussing and voting on the matter.
Mr. Wrightson presented a proposed contract Amendment No. 2 for the
Isle of Wight Animal Shelter to add a concrete driveway for the Board's
consideration.
41.
Chairman Wright moved that the Chairman be authorized to execute
contract Amendment No. 2 for the Isle of Wight Animal Shelter. The motion
was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Chairman Wright requested that Mr. Wrightson investigate the
feasibility of using a tankless hot water heater.
Noting that he needed more information on the matter of the next item
on the agenda concerning the purchase of the C &P water systems, Supervisor
Clark moved to postpone the matter of the C &P water systems purchase and
connection fees until Mr. Wrightson returns with the requested information.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Wrightson presented a request to hire two (2) standby attendants
and fill one (1) vacant permanent part-time attendant Convenience Center
position.
Supervisor Clark moved that General Services be authorized to hire
two (2) standby attendants and fill one (1) vacant permanent part-time
attendant position. The motion was adopted by a vote of (5 -0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Wrightson advised that W. B. Owen has advised staff that he is
desirous of selling his water systems to the County at some point in the
future. He further advised that Mr. Owens wants the County to execute a
Memorandum of Understanding with him advising that the County would
provide some of the same help that C &P has previously and negotiate to
purchase his water systems.
Supervisor Clark moved that the Chairman be authorized to execute the
W. B. Owen water systems Memorandum of Understanding. The motion was
adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
//
Chairman Wright called for the County Administrator's report.
County Administrator Caskey stated regarding the earlier comments on
the County's recent refinancing, he feels it is important to note that the
County received very favorable rates on its sale of the bonds and notes. He
advised that a $1.$ million dollars savings was realized in debt service to the
42
County and the County was able to take advantage of the zero interest bonds
for the construction of the Windsor Middle School.
County Administrator Caskey advised that the County has received a
2011 NACo Achievement Award and recognized as having the best rural
program in the nation relative to the County's "Isle Prepay" program initiated
by the Treasurer's office.
Michael W. Terry, Director of Budget and Finance, recommended the
Board adopt a Resolution to Appropriate Funds from the Designated Fund
Balance for the Completion of Various Carryover Operating and Capital
Projects.
Chairman Wright moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR THE COMPLETION OF VARIOUS
CARRYOVER OPERATING AND CAPITAL PROJECTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia in its 2009 -10 appropriation resolution, appropriated funds for
certain capital improvements and projects which have not been completed
and;
WHEREAS, funds for these capital improvements and other projects
have been set aside by the Board of Supervisors to ensure completion of
these projects and;
WHEREAS, the Board of Supervisors deems it necessary to set aside
and restrict these funds appropriated in Fiscal Year 2009 -10 to make certain
that appropriated funds are available and to segregate said funds from the
General Fund;
NOW THEREFORE BE IT RESOLVED that the following sums of
money appropriated for Fiscal Year 2009 -10 and remaining unspent, or as
much thereof as may be authorized by law, as may be needed or deemed
necessary to defray all expenses and liabilities of the County of Isle of Wight,
Virginia are hereby appropriated, set aside and restricted for the completion
of certain capital improvement and other projects:
General Fund
Museum
County Fair
Capital Projects (including Public Utilities)
Forfeited Assets
$ 5,381.18
$ 7,950.01
$ 47,996.13
$ 9,650,884.10
$ 21,461.71
Total $ 9,733,673.13
43
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the request by the General Registrar's
office to fill a part-time position in that office be placed back in the agenda
for the Board's consideration. The motion was adopted by a vote of (5 -0)
with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Casteen moved that the request of the General Registrar to
fill a part-time position be approved. The motion was adopted by a vote of
(5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Accept and
Appropriate Funds from the State and Federal Governments for Carryover
Grant Programs for the Board's consideration.
Chairman Wright moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS
FROM THE STATE AND FEDERAL GOVERNMENTS
FOR CARRYOVER GRANT PROGRAMS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received grant funding for various grant programs; and,
WHEREAS, the following funds in the amount of one million two
hundred forty-three thousand six hundred eighty six dollars and twenty -two
cents ($1,243,686.22) need to be accepted and appropriated to the Fiscal Year
2010 -11 General Operating and Capital Budget of the County of Isle of
Wight, Virginia:
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the
amount of one million two hundred forty-three thousand six hundred eighty
six dollars and twenty -two cents ($1,243,686.22) to be received from various
grant programs be accepted and appropriated to the appropriate line items in
the Fiscal Year 2010 -11 General Operating and Capital Budget of the County
of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
44
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Terry presented a Resolution to Accept and Appropriate Funds for
the Comprehensive Services Act for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR
COMPREHENSIVE SERVICES
WHEREAS, Isle of Wight County is a participant in a regional
program to provides benefits in accordance with the State Comprehensive
Services Act, a program whose scope and benefits are mandated by the
Commonwealth and,
WHEREAS, CSA program guidelines require the County to make up
any deficit between the actual cost of services and its budgeted contribution
for services at year end and;
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that an amount up to eighty -eight
thousand nine hundred eight ($88,908) from the Unappropriated Fund
Balance of the General Fund be appropriated to the FY 2010 -11
Comprehensive Services Act Budget of the County of Isle of Wight,
Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Terry presented a Resolution to Appropriate Funds from the
Unappropriated Fund Balance of the General Fund to Liquidate the County
Fair Negative Fund Balance for the Board's consideration.
Chairman Wright moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO
LIQUIDATE THE COUNTY FAIR NEGATIVE FUND BALANCE
45
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
approves funding from the Unappropriated Fund Balance of the General
Fund to liquidate the County Fair negative Fund Balance; and,
WHEREAS, funds in the amount of one hundred nineteen thousand,
five hundred fifty dollars ($119,550) need to be appropriated from the
Unappropriated Fund Balance of the General Fund to the FY 2010 -11 County
Fair Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that one hundred nineteen thousand,
five hundred fifty dollars ($119,550) from the Unappropriated Fund Balance
of the General Fund be appropriated to liquidate the negative FY 2010 -11
County Fair Fund Balance.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Terry presented a Resolution to Appropriate Funds from the
Unappropriated Fund Balance of the General Fund for the Franklin Revenue
Sharing Agreement for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
FRANKLIN REVENUE SHARING AGREEMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved additional funding for the Franklin Revenue Sharing
Agreement; and,
WHEREAS, funds in the amount of one hundred eighty -nine thousand,
one hundred thirty-six dollars ($189,136) need to be appropriated from the
Unappropriated Fund Balance of the General Fund to the FY 2010 -11
General Operating Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that one hundred eighty -nine
thousand, one hundred thirty -six dollars ($189,136) from the Unappropriated
Fund Balance of the General Fund be appropriated to the FY 2010 -11
General Operating Budget.
46
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Terry presented a Resolution to Authorize the Solicitation of
Proposals for an Experienced Auditing Firm for Isle of Wight County's
Annual Audit of Financial Statements for the Board's consideration.
Chairman Wright moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE SOLICITATION OF
PROPOSALS FOR AN EXPERIENCED AUDITING FIRM
FOR ISLE OF WIGHT COUNTY ANNUAL AUDIT OF FINANCIAL
STATEMENTS
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has determined that it is appropriate to solicit proposals for
financial auditing services as determined; and,
WHEREAS, County staff will discuss and negotiate the Scope of
Services, as well as determine the experience and overall competencies of
potential auditors.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code
of Virginia Section 2.2 — 4303.0 (1950, as amended), authorizes County staff
to conduct competitive negotiations through a Request for Proposals for the
services noted based on its determination that competitive sealed bidding is
not a practicable means of making the most appropriate selection of a
provider of these services.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Caskey presented a request from the Carrollton
Civic League for the County to adopt a resolution in opposition to the
proposed coal -fired power plant in Surly County for the Board's
consideration.
Supervisor Clark moved that the request of the Carrollton Civic League
for the Board to adopt a resolution in opposition to the proposed coal -fired
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power plant in Surry County be postponed until a later date when Mr.
Burnley can return with a resolution. The motion was adopted by a vote of
(5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Hall recommended that a community meeting be held and
moved that the County sponsor and direct staff to advertise such a
community meeting/forum at The Smithfield Center in conjunction with the
Carrollton/Isle of Wight Citizens Association to discuss the pros and cons of
the proposed coal power plant. The motion was adopted by a vote of (5 -0)
with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, briefed the Board on the implementation of the Granicus
program designed to allow Board meetings to be viewed on the County's
website on demand. He advised that agenda items will be time stamped and
click of the mouse will allow citizens to go straight to an item of interest
without having to view the entire meeting.
Chairman Wright called for Appointments.
Supervisor Bunch moved that Don Rosie be reappointed to serve on the
Planning Commission to represent the Carrsville District. The motion was
adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Wright moved that James O'Briant, III be reappointed to
serve on the Planning Commission to represent the Windsor District. The
motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Wright called for Old Business.
Supervisor Hall reported on a recent visit of the Health Department
property. She recommended the County approach the Town of Smithfield
and Paul D. Camp Community College regarding their interest in purchasing
the property.
Supervisor Hall moved that County Administrator Caskey be directed
to contact the Town of Smithfield and Paul D. Camp Community College to
determine if there is any interest in purchasing the property. The motion was
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adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Wright called for New Business.
Regarding the sign ordinance adopted by the Board earlier tonight
under the Public Hearing section of the agenda, Supervisor Clark moved that
staff be directed to not invoke penalties on signage for a 90 -day period. The
motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Robertson presented a request from a Newport resident to utilize
County -owned property in Windsor. He advised that in addition to the
Board's permission to utilize the lot, the former property owner will need to
be contacted to ensure that the County is not in violation of the terms of the
purchase agreement.
Supervisor Clark moved that the request be approved and that staff
contact the former property owner to ensure that the County is not violating
the terms of the purchase agreement. The motion was adopted by a vote of
(5 -0) with Supervisors Bunch, Casteen, Clark, Hall 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.1 of the Code of Virginia regarding a personnel matter
pertaining to a specific public employee; under Section 2.2- 3711.A.7
pertaining to consultation with legal counsel requiring the provision of legal
advice pertaining to a boundary line; under Section 2.2- 3711.A.3 regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to acquisition of real property in the Smithfield District; and,
under Section 2.2- 3711.A.7 regarding consultation with legal counsel
requiring the provision of legal advice pertaining to animal control.
Supervisor Clark 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 Bunch, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Wright moved that the Board return to open meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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Chairman Wright 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: Bunch, Casteen, Clark, Hall and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
There was no action taken following the closed meeting.
/1
At 8:00 p.m., Supervisor Hall moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bunch, Clark, Casteen, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
ills Storm, Clerk
50
homas
III, Chairman