02-16-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF FEBRUARY IN THE
YEAR TWO THOUSAND AND TWELVE
PRESENT: Alan E. Casteen, Chairman
JoAnn W. Hall, Vice - Chairman
Rex W. Alphin
Byron B. Bailey
Delores M. Darden
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
Chairman Casteen called the meeting to order at 4:00 p.m.
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Supervisor Darden delivered the invocation.
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The Pledge of Allegiance was conducted.
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A dog currently available for adoption at the County's animal shelter
was displayed.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, distributed an updated budget calendar and apprised the
Board that it should anticipate receiving a draft Operating Budget for its
consideration in early March.
Supervisor Hall requested that the full Board be provided a copy of the
original projects contained in the Capital Improvements Plan (CIP) for
comparison purposes with those moved /eliminated by the CIP Subcommittee.
Michael W. Terry, Director of Budget and Finance, advised the Board
that the County is in sound financial condition and has a projected fund
balance for the new fiscal year of $3 million, which includes a 10%
contingency, pursuant to the County's policy. He further advised of an
anticipated shortfall of $315,000 in next year's budget resulting from the
change in the County's Machinery & Tools Tax. He recommended treating
the $3 million as a reserve and advised that the County remains strong with
rating agencies because of forecasts in its fund balance to June 3 0tH
Chairman Casteen called a special meeting on March 5, 2012 at 2:00
p.m. in the Robert C. Claud, Sr. Board Room to discuss financial items.
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Chairman Casteen called for Approval of the Agenda.
County Attorney Popovich requested the following revisions to the
agenda: Under the County Attorney's report, add discussion of invoices
from Smithfield Fire and Rescue; under the County Attorney's report, add
one (1) closed meeting item; under Public Hearings, move item "F" up to
item "E" and move item "E" down to item "F "; under Community
Development, add discussion of temporary signs; under Special
Presentations, remove item "I "; and, under the County Administrator's
report, add funding for the Zuni Welcome Sign Project.
Supervisor Alphin moved that the agenda be adopted, as amended. The
motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Casteen called for Special Presentations /Appearances.
Staff Service Awards were presented to the following: Sharon Jones
was recognized for 35 years of continuous service; Bonnie Whitley and
Joseph Willard were recognized for 25 years of continuous service; Art
Berkley and Lanna DeVites were recognized for 20 years of continuous
service; Elsie Major, Tammy Brown and Tommy Davis were recognized for
15 years of continuous services; Jamie Edwards, Sheila Dalton, Tony
Edwards, Georgette Phillips, Patrick Humphries, Patricia Gwaltney, Lola
Kea, Dahlis Atkins and Charlton Bradby were recognized for 10 years of
continuous service; and, Jeremie Gibbs, Judy Winslow, Ralph Anderson,
Kim Hummel, Kristin Baker, Mark Drumhellar, Michael Easton, Jamie
Oliver, Amy Ring, Jeanette Edwards, Jonette Edmonds, Ashton Felts,
Kimberly Rideout, Emery Harris, Jr. (deceased), Terry Rhiner, Lisa
Betterton, Calvin Langhorse, Kathy Ross, Thomas Potter, John Wells, John
Wanamaker, George Wiggins, Paul Burton, Carl Tillman, Neal Bennett, Herb
Finch, LaFrances Edwards, Michael Faltz, Robert Hundley, Lori Thacker,
Gary Askew and Samantha Marvel were recognized for five (5) years of
continuous service with the County.
County Administrator Caskey presented a Resolution of Appreciation
for Barbara B. Chappell upon her retirement. He advised that Ms. Chappell
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is unable to attend this meeting and would be invited to the Board's March
15, 2012 meeting to formally receive her Resolution.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION OF APPRECIATION FOR
BARBARA B. CHAPPELL
ON THE OCCASION OF HER RETIREMENT
WHEREAS, Barbara B. Chappell began her career with Isle of Wight
County, Virginia on June 15, 1987 as a Clerk Typist in the County
Administrator's Office; and,
WHEREAS, during her tenure as a very dedicated employee with the
County, Mrs. Chappell also served in various capacities within the
Departments of Communications, Budget and Finance, and Public Utilities
(formerly the Public Service Authority); and,
WHEREAS, on January 31, 2012, Mrs. Chappell retired from
employment with Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and appreciates Barbara B. Chappell for over 24 years of distinguished
service to the citizens of Isle of Wight County.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to Barbara B. Chappell its best wishes for a well -
deserved retirement and orders that a copy of this Resolution be spread upon
the Minutes of this Board.
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Recognize
Nathaniel Scott Johnson of Boy Scout Troop 36 for Outstanding Volunteer
Services for the Board's consideration.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE
NATHANIEL SCOTT JOHNSON
OF BOY SCOUT TROOP 36
FOR OUTSTANDING VOLUNTEER SERVICES
WHEREAS, Nathaniel Scott Johnson of Boy Scout Troop 36 of the
Carrollton Ruritans of Smithfield, Va., has donated more than 25 hours of
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volunteer service at Boykin's Tavern, a National Register of Historic Places
and Virginia Landmarks Register site; and,
WHEREAS, Nathaniel Scott Johnson, for his Eagle Scout Project, has
worked diligently to construct two wooden picnic tables for use by visitors
and guests; and,
WHEREAS, Nathaniel Scott Johnson has been of invaluable assistance
to the Isle of Wight County Department of Parks and Recreation and Isle of
Wight County Division of Historic Resources.
NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia, that
Nathaniel Scott Johnson of Boy Scout Troop 36 is recognized and
congratulated for his exemplary dedication and service to Isle of Wight
County.
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Nathaniel Scott Johnson of Boy Scout Troop 36 was present and a
presentation resolution is to be forwarded to him.
Drake's Food Service Inc. in Walters was the featured small business;
however, a representative was not in attendance.
Peter Andreu, Director of School Plant Facilities, provided a virtual
tour of the new Georgia T. Tyler Middle School and updated the Board
regarding its construction schedule. He advised that the facility has a
projected move in date of September 2, 2013 and after the students are
moved in, demolition of the old school will begin with landscaping to be
completed in the spring.
Chairman Casteen declared a break.
The Board returned to open session.
Chairman Casteen called for the continuation of Special Presentations.
Yvonne Hilliard - Bailey, Director, Blackwater Regional Library,
requested a mid -year budget enhancement in the amount of $5,750 to
reinstate 21 hours in the youth services program schedule at the three (3) Isle
of Wight County library branches.
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Chairman Casteen moved that the request be discussed later in the
meeting under New Business. The motion was adopted by a vote of (5 -0)
with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of
the motion and no Supervisors voting against the motion.
David Rose and Jimmy Sanderson, Davenport & Company LLC,
briefed the Board related to the County's financial status and debt obligation.
He advised that he will be returning in the future to brief the Board regarding
various scenarios to restructure the County debt.
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Chairman Casteen declared a break until 7:00 p.m.
The Board returned to open session.
Chairman Casteen moved that the Board's agenda be amended in order
to conduct the public hearings. The motion was adopted by a vote of (5 -0)
with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of
the motion and no Supervisors voting against the motion.
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Chairman Casteen called for a public hearing on the following:
A. The application of Robert C. Johnson, owner, for a Conditional
Use Permit to allow for a Salvage Service on 0.11 acre of land
located at 7211 Fire Tower Road in the Carrsville Election
District.
Richard Rudnicki, Planner, presented the application. He stated the
application is contradictory to the recommendations of the Comprehensive
Plan and it would create an area of isolated use on a parcel as a means of
resolving an outstanding code violation. He recommended, if approved, that
the conditions contained in the agenda be added to the Conditional Use
Permit approval in order to mitigate the impacts of the proposed
development.
Chairman Casteen called for persons to speak in favor of or in
opposition to the application.
Robert C. Johnson, owner, requested the Board to approve his
application.
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Denise Barrett, 7153 Fire Tower Road, spoke in favor of the
application.
Angela Stepp, sister, spoke in favor of the application stating that she
owns the majority of property around the proposed site.
Donald Crowley, adjacent land owner, spoke in favor of the
application.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Alphin moved that the Conditional Use Permit be granted
as conditioned by the Planning Commission, as follows: The area under the
conditional use permit, sixty (60) feet by one hundred twenty (120) feet, shall
be surrounded by a six (6) foot wooden privacy fence; 2.) the fence shall be
completed within 60 days of approval; 3.) no vehicles, storage containers,
parts, or other materials covered as part of the salvage service shall be placed
outside the fence; 4.) no additional number of vehicles, storage containers,
parts or other materials not currently on the property shall be allowed by the
Conditional Use Permit. The current inventory as stated by Mr. Johnson
includes five (5) vehicles and four (4) storage containers; and, 5.) the
Conditional Use Permit shall terminate upon transfer of ownership of the
property.
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen called for a public hearing on the following:
B. The application of Southern Bank & Trust Company, owner, and
Matthew A. Bernocco, applicant, for a Conditional Use Permit to
allow a Club for VFW Post 4411 for a meeting and event facility
on property located at 3385 Beaverdam Road in the Carrsville
Election District.
Matthew Smolnik, Assistant Director of Planning and Zoning,
presented the application.
Chairman Casteen called for persons to speak in favor of or in
opposition to the application.
Matthew A. Bernocco, Commander of VFW Post 4411 and William
Honeycutt, Senior Vice - Commander, spoke in favor of the application.
Chairman Casteen closed the public hearing and called for comments
from the Board.
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Supervisor Alphin moved that the application be approved with the
following recommendations of the Planning Commission: The property shall
be used by VFW Post 4411 and special events approved by that organization
only; activities shall be prohibited after 12:00 am throughout the week; all
operations, including special events, shall comply with the requirements of
the Virginia Department of Alcohol Beverage Control; prior to the issuance
of a Zoning Permit for the use, the applicant shall receive Health Department
approval for the private sewer treatment system on the property; and, if the
proposed use is predicted to show an increase in the amount of traffic from
the previous use, then modifications to the site entrances, as recommended by
The Virginia Department of Transportation, shall be required.
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen 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, Section
6 -4000, Flood Plain Management Overlay (FPMO) District,
specifically Section 6 -4001, entitled "Purpose ", Section 6 -4003,
entitled "Compliance and liability ", Section 6 -4006, entitled "Use
regulations ", Section 6 -4008, entitled "Special standards and
requirements ", Section 6 -4009, entitled "Variances ", and Section
4 -4010, entitled "Existing structures in Flood Plain Management
District ".
Tristian Barnes, Subdivision Planner, presented the proposed
Ordinance.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Darden 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, SECTION 6 -4001, FLOOD
PLAIN MANAGEMENT OVERLAY (FPMO) , SPECIFICALLY SECTION
6 -4001, ENTITLED "PURPOSE ", SECTION 6 -4003, ENTITLED
"COMPLIANCE AND LIABILITY ", SECTION 6 -4006, ENTITLED "USE
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REGULATIONS ", SECTION 6 -4008 ENTITLED "SPECIAL
STANDARDS AND REQUIREMENTS", SECTION 6 -4009, ENTITLED
"VARIANCES ", AND SECTION 6 -4010, ENTITLED " EXISTING
STRUCTURES IN THE FLOODPLAIN MANAGEMENT DISTRICT ".
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 adopted
the Floodplain Management Overlay (FPMO) District provisions to prevent
the loss of life and property, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and
the impairment of the tax base; and
WHEREAS, the FPMO is further intended to ensure that all property
owners within the County are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates; and
WHEREAS, Isle of Wight County Board of Supervisors finds it
necessary to revise the provisions of the FPMO to comply with the National
Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article VI, entitled "Overlay
Districts ", Section 6 -4001, entitled "Purpose" of the Isle of Wight County
Code be amended and reenacted as follows:
Sec. 6 -4001. - Purpose.
This ordinance is adopted pursuant to the authority granted to localities
by Virginia § 15.2 -2280. The purpose of these provisions is to prevent the
loss of life and property, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
A. Regulating uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and
development, will cause unacceptable increases in flood heights,
velocities, and frequencies.
B. Restricting or prohibiting certain uses, activities, and development
from locating within districts subject to flooding.
C. Requiring all those uses, activities, and developments that do occur
in floodprone districts to be protected and /or floodproofed against
flooding and flood damage.
Furthermore, it is the intent of these regulations to ensure that all property
owners within the county are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates. (2 -16-
12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VI,
entitled "Overlay Districts ", Section 6 -4003, entitled "Compliance and
Liability" of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 6 -4003. Compliance and liability.
A. No land shall hereafter be developed and no structure shall be
located, relocated, constructed, reconstructed, enlarged or
structurally altered within the Floodplain Management District
except in full compliance with the terms and provisions of this
section. (7- 7 -05.)
B. The degree of flood protection sought by the provisions of this
ordinance is considered reasonable for regulatory purposes and is
based on acceptable engineering methods of study. This ordinance
does not imply that areas and land uses outside the Floodplain
Management District will be free from flooding or flood damages
which may be caused by larger floods or increased flood heights.
C. This article shall not create liability on the part of Isle of Wight
County or any officer or employee thereof, for any flood damages
that result from reliance on this article or any administrative decision
lawfully made thereunder. (7- 7 -05.)
D. Records of actions associated with administering this ordinance shall
be kept on file and maintained by the Flood Plain Administrator. (2-
16-12)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VI,
entitled "Overlay Districts ", Section 6 -4006, entitled "Use Regulations" of
the Isle of Wight County Code be amended and reenacted as follows:
Sec. 6 -4006. - Use regulations.
Permitted uses, special permit uses, accessory uses, dimensional standards,
and special requirements shall be as established by the underlying zoning
district, except as specifically modified herein.
A. The following uses shall be specifically prohibited within the
Floodplain Management District:
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1. Landfills, junkyards, outdoor storage of inoperative vehicles;
2. Surface mines /borrow pits;
3. Manufacture, bulk storage, transformation or distribution of
petroleum, chemical or asphalt products or any hazardous
materials as defined in either or both of the following:
a. Superfund Amendment and Reauthorization Act of 1986.
b. Identification and Listing of Hazardous Wastes, 40 C.F.R.
(Code of Federal Regulations) Section 261 (1987).
c. The following products shall be specifically included:
i. Oil and oil products including petrochemicals;
ii. Radioactive materials;
iii. Any materials transported or stored in large commercial
quantities (such as fifty -five- gallon drums) which is a
very soluble acid or base, causes abnormal growth of an
organ or organism, or is highly biodegradable, exerting a
strong oxygen demand;
iv. Biologically accumulative poisons;
v. Substances containing the active ingredients or
economic poisons that are or were ever registered in
accordance with the provisions of the Federal
Insecticide, Fungicide, and Rodeticide Act, as amended
(7 USC 135 et seq.);
vi. Substances highly lethal to mammalian or aquatic life;
4. Storage or land application of industrial wastes;
5. Outdoor storage of equipment, materials, or supplies which are
buoyant, flammable, or explosive;
6. Swimming pools or any other habitable use when the area
beneath the elevated building is enclosed with walls of any type
such as solid nonbreakaway, solid breakaway, or lattice- screen,
or when the area beneath the elevated building is not enclosed
and a swimming pool or any other obstruction is above natural
grade; or
7. Commercial feedlots, as described in section 3 -2000. (7 -7 -05)
B. The following activities may occur below the level of the 100 -year
flood elevation if administered in accordance with section 6 -4009 of
this article:
1. Nonstructural agricultural activities providing that any storage or
stockpiling of manure shall be elevated to a level no less than two
(2) feet above the elevation of the 100 -year flood.
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2. Outdoor recreational uses including park areas, golf courses,
tennis courts, and basketball courts.
3. Swimming pools or any other nonhabitable use located below
elevated buildings when the area beneath the elevated building is
not enclosed and the pool or other potential obstruction is flush
with the natural grade provided that a licensed surveyor or
engineer certifies that the swimming pool or other potential
obstruction will not be subject to breaking up or floating out of
ground and affecting the piles or columns of the elevated
building. Furthermore, the swimming pool shall meet the same
anchoring requirements as the support system of the elevated
building and the area beneath the elevated building shall never be
enclosed with walls or any type.
4. Functionally dependent uses such as docks, piers and wharves.
5. Access roads and parking areas for [subsections] 1. through 4.
above. (7 -7 -05)
C. In addition to the prohibited uses in subsection 6- 4006.A., the
following restrictions shall apply to areas in the floodway:
1. No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in the
floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not
result in any increase in the 100 -year flood elevation. (2- 16 -12)
2. Existing nonconforming structures within the floodway may not
be expanded; however, they may be repaired, altered or modified
to incorporate floodproofing measures, provided such measures
do not raise the level of the 100 -year flood. (2- 16 -12)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VI,
entitled "Overlay Districts ", Section 6 -4008, entitled "Special Standards and
Requirements" of the Isle of Wight County Code be amended and reenacted
as follows:
Sec. 6 -4008. - Special standards and requirements.
A. Standards for subdivision plats and site plans. Preliminary plans,
development plans and final subdivision plats of all properties, all or
part of which are located within any Floodplain Management
District, must be prepared and sealed by a licensed surveyor or
engineer. The following information, in addition to that which would
otherwise be required, shall be provided on the respective plan.
1. The 100 -year flood boundary, as depicted on the FIRM and the
flood hazard zone classification(s) shall be depicted on
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preliminary plans, development plans, and final plats. (7- 7 -05).
2. Development plans shall provide topographical information for
the site at a maximum contour interval of two (2) feet, provided
however that a one -foot contour interval for one (1) foot lesser
and one (1) foot greater than the 100 -year flood boundary shall
be shown. (7- 7 -05).
3. The elevation of the finished surface of the ground at each corner
of each existing building located within any flood hazard zone
shall be shown on development plans and final plats. (7- 7 -05).
4. The elevation of the lowest floor including basement shall be
shown on development plans for new construction or final plats
of property with existing structures. (7- 7 -05).
5. For structures to be floodproofed (nonresidential only), the
elevation to which the structure will be floodproofed and
certified floodproofed. (2- 16 -12).
6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the
lowest horizontal structural member of the lowest floor
(excluding pilings or columns). (2- 16 -12).
B. Standards for utilities. All new or replacement utilities, water
filtration, and wastewater treatment facilities, installed in the
Floodplain Management District shall be designed to prevent the
infiltration of floodwaters into or discharge from said utilities and to
minimize the potential for flood damage.
Where private waste disposal systems are to be installed or replaced, they
shall be installed so that they will not be permanently contaminated or
impaired by a base flood.
C. Standards for streets and roads. Streets and sidewalks should be
designed to minimize their potential for increasing and aggravating
the levels of flood flow. Drainage openings shall be required to
sufficiently discharge flood flows without unduly increasing flood
height.
D. Standards for filling of floodplain areas.
1. Where fill within the Floodplain Management District is
proposed, the following minimum standards shall apply:
a. Prior to any fill, the floodway must be determined and no fill
shall cause the adjacent base flood elevation to increase
more than one foot. (2- 16 -12).
b. Fill areas shall extend laterally a minimum of fifteen (15)
feet beyond building lines from all points. (2- 16 -12).
c. Fill material shall consist only of soil and small rock
materials (must pass through a three -inch opening ASTM
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standard sieve). Organic materials, such as tree stumps,
asphalt, and rubble, shall be prohibited. (2- 16 -12).
d. Fill areas shall be graded to a finished slope of no steeper
than one (1) vertical to three (3) horizontal, unless
substantiated data, certified by a licensed engineer, which
justifies steeper slopes, is submitted to and approved by the
zoning administrator. (2- 16 -12).
e. The zoning administrator shall impose any additional
standards deemed necessary to ensure the safety of the
community and properties from additional flood hazard
potentials caused by filling within the Floodplain
Management District. (2- 16 -12).
2. Filling or any other encroachment into a regulatory or other
designated floodway which, as determined by the zoning
administrator, in any way impairs its flood conveyance shall be
prohibited. (7- 7 -05).
3. Filling or any other encroachment into any channel within the
Floodplain Management District which would, as determined by
the zoning administrator, obstruct or unduly restrict water flows
through said channel and, in so doing, increase the potential for
flood damage, shall be prohibited whether or not such channel
lies within the regulatory or other designated floodway. (7- 7 -05).
4. The filling of any portion of property solely to increase the
elevation of the land to meet minimum lot area requirements and
thereby create a buildable lot for residential construction within
the Floodplain Management District shall be prohibited. (7- 7 -05).
5. These standards may be individually waived by the zoning
administrator, upon the recommendation of the Isle of Wight
County Wetlands Board for approved parks, recreation facilities,
shoreline erosion control and beach maintenance projects where
sufficient data is presented justifying the project and where it is
demonstrated that such actions will not increase flood levels on
any properties. (7- 7 -05).
E. Construction standards for properties in zone A.
1. All new construction and substantial improvements in zone A
must comply with all standards applicable to zone AE contained
in this section and the floodplain construction provisions of the
Virginia Uniform Statewide Building Code. In addition, the
owner and /or developer of such property shall provide to the
zoning administrator sufficiently detailed hydrologic and
hydraulic analyses, certified by a licensed engineer, to determine
the base flood elevation for the, and floodway data from federal,
state and other acceptable sources. (2- 16 -12)
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F. Construction standards for properties in zone AE. All new
construction and substantial improvements in the Floodplain
Management District shall occur in accordance with the applicable
floodplain construction provisions for zone AE contained in the
Virginia Uniform Statewide Building Code. The zoning
administrator shall satisfy himself that all applicable provisions have
been complied with prior to issuing building permits or temporary or
permanent certificates of occupancy. In addition, the following
standards shall apply:
1. All new and replacement electrical equipment, and heating,
ventilating, air conditioning and other service facilities shall be
installed at least one and one -half (1' /z) feet above the base flood
elevation or otherwise designed and located so as to prevent
water from entering or accumulating within the system. (7 -7 -05)
2. All electrical distribution panels shall be installed at least three
(3) feet above the base flood elevation or otherwise designed and
located so as to prevent inundation. (7- 7 -05).
3. In all cases, elevation of the lowest floor of the structure,
including basements, to at least one and one -half (1' /2) feet above
the base flood elevation or, in the case of nonresidential
structures, floodproofing to at least that level. The lowest floor
elevation of any new residential structure, including basements,
constructed within a flood plain area shall be at least one and
one -half (1' /2) feet above based flood elevation. The lowest floor
elevation of any new nonresidential structure constructed within
a floodplain area shall be at least one (1) foot above base flood
elevation, unless such structure is floodproofed. In addition, no
existing structure shall be modified, expanded or enlarged unless
the new construction complies with this standard. (2- 16 -12).
4. Manufactured homes that are placed or substantially improved on
sites shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home elevated a least one and
one half (1 %2) feet above base flood level and be securely
anchored to an adequately anchored foundation system to resist
floatation, collapse and lateral movement. (2- 16 -12)
5. Recreational vehicles placed on sites shall either:
a. Be on the site for fewer than one hundred eighty (180)
consecutive days, be fully licensed and ready for highway
use; meet the permit requirements for placement and the
elevation and anchoring requirements for manufactured
homes in subsection F.4. of this section; or
b. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by
quick disconnect type utilities and has no permanently
attached additions. (7 -7 -05)
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G. Construction standards for properties in coastal high hazard area. All
new construction and substantial improvements in the V -zones of the
Floodplain Management Area shall occur in accordance with the
applicable floodplain construction provisions contained in the
Virginia Uniform Statewide Building Code. The zoning
administrator shall satisfy himself that all applicable provisions have
been complied with prior to issuing building permits or temporary or
permanent certificates of occupancy. In addition, the following
standards shall apply:
1. All new construction shall be located landward of the reach of
mean high tide. (7 -7 -05)
2. There shall be no fill used as structural support. (7 -7 -05)
3. There shall be no alteration of sand dunes, watercourses or banks,
which would increase potential flood damage. (7 -7 -05)
4. Within V -zones on the flood insurance rate map, obtain the
elevation (in relation to mean sea level) of the bottom of the
lowest horizontal structural member of the lowest floor
(excluding pilings and columns) of all new and substantially
improved structures. (2- 16 -12)
5. All new construction and substantial improvements elevated on
pilings and columns must have the bottom of the lowest
horizontal structural member of the lowest floor (excluding the
pilings or columns) elevated at least three (3) feet above the base
flood level and the pile or column foundation and structure
attached thereto must be anchored to resist flotation, collapse and
lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Water- loading
values used shall be those associated with the base flood. Wind -
loading values used shall be those required by applicable state or
local building standards. A registered professional engineer or
architect shall develop or review the structural design and
methods of construction and shall certify that design and methods
of construction to be used are in accordance with accepted
standards. (2- 16 -12)
6. Provide that all new construction and substantial improvements,
within zones VE, VI -30 and V on the community's FIRM, have
the space below the lowest floor either free of obstruction or
constructed with nonsupporting breakaway walls, open wood
lattice -work, or insect screening intended to collapse under wind
and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or
supporting foundation system. For the purpose of this section, a
breakaway wall shall have a design safe loading resistance of not
less than ten (10) and no more than twenty (20) pounds per
square foot. Use of breakaway walls which exceed a design safe-
15
loading resistance of twenty (20) pounds per square foot (either
by design or when so required by local or state codes) may be
permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
a. The elevated portion of the building and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of
wind and water loads acting simultaneously on all building
components (structural and nonstructural). Water - loading
values used shall be those associated with the base flood.
Wind - loading values used shall be those required by
applicable state or local building standards. Such enclosed
space shall be usable solely for parking of vehicles, building
access or storage. (2- 16 -12.)
7. All recreational vehicles placed in V -zones shall be:
a. On site for fewer than one hundred eighty (180) consecutive
days;
b. Be fully licensed and ready for highway use; or
c. Meet the same standards as for conventional housing in V-
zones. (2- 16 -12.)
8. All new and replacement electrical equipment, and heating,
ventilating, air conditioning and other service facilities shall be
installed at least three (3) feet above the base flood elevation or
otherwise designed and located so as to prevent water from
entering or accumulating within the system. (2- 16 -12.)
9. All electrical distribution panels shall be installed at least six (6)
feet above the base flood elevation or otherwise located so as to
prevent inundation. (2- 16 -12.)
10. In all cases, elevation of the lowest horizontal structural member
of the lowest floor of the structure, excluding pilings or columns,
to at least three (3) feet above the base flood elevation and may
result in a reduction of flood insurance premiums. (2- 16 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VI,
entitled "Overlay Districts ", Section 6 -4009, entitled "Variances" of the Isle
of Wight County Code be amended and reenacted as follows:
Sec. 6 -4009. - Variances.
A. In acting upon application for variances from the provisions of this
article, in addition to the requirements elsewhere set forth in this
ordinance, the board of zoning appeals shall consider the following
additional factors:
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1. The danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted
for any proposed use, development, or activity within any
floodway that will cause any increase in the 100 -year flood
elevation;
2. The danger that materials may be swept on to other lands or
downstream to the injury of others;
3. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and
unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owners;
5. The importance of the services provided by the proposed facility
to the community;
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding
for the proposed use;
8. The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area;
10. The safety of access by ordinary and emergency vehicles to the
property in time of flood;
11. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site;
12. The repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve
the historic character and design of the structure;
13. Such other factors which are relevant to the purpose of this
ordinance. (7- 7 -05.)
B. The board of zoning appeals may refer any application and
accompanying documentation pertaining to any request for a
variance to any engineer or other qualified person or agency in
relation to flood heights and velocities, and the adequacy of the plans
for flood protection and other related matters, at the expense of the
applicant. (7- 7 -05.)
C. Variances shall be issued only after the board of zoning appeals has
determined that the granting of such will not result in:
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I . Prohibited increases in the height of the floodway. (2- 16 -12.)
2. Additional threats to public safety; (7 -7 -05)
3. Extraordinary public expense and will not create nuisances; (7 -7-
05)
4. Cause fraud or victimization of the public; or (7 -7 -05)
5. Conflict with local laws or ordinances. (7 -7 -05)
Variances shall be issued only after the board of zoning appeals has
determined that variance will be the minimum required to provide relief from
an undue hardship to the applicant.
The board of zoning appeals shall notify the applicant for a variance, in
writing, that the issuance of a variance to construct a structure below the 100 -
year flood elevation (a) increases the risks to life and property and (b) will
result in increased premium rates for flood insurance.
A record shall be maintained of the above notification as well as all variance
actions, including justification for the issuance of the variances. Any
variances which are issued shall be noted in the annual or biennial report
submitted to the Federal Insurance Administrator. (7- 7 -05.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VI,
entitled "Overlay Districts ", Section 6 -4010, entitled "Existing Structures in
the Floodplain" of the Isle of Wight County Code be amended and reenacted
as follows:
Sec. 6 -4010. - Existing structures in Floodplain Management District.
A structure or use of a structure or premises which lawfully existed before
the enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
A. Existing structures in the floodway shall not be expanded or enlarged
unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice
that the proposed expansion would not result in any increase in the
100 -year flood elevation. (7- 7 -05.)
B. Any modification, alteration, repair, reconstruction, or improvement
of any kind to a structure and /or use located in any flood plain area
to an extent or amount of less than fifty (50) percent of its market
value shall conform to the Virginia Uniform Statewide Building
Code. (2- 16 -12.)
C. The modification, alteration, repair, reconstruction, or improvement
of any kind to a structure and /or use, regardless of its location in a
flood plain area to an extent or amount of fifty (50) percent or more
of its market value shall be undertaken only in full compliance with
this ordinance and shall require the entire structure to conform to the
I:]
Virginia Uniform Statewide Building Code. (2- 16 -12.)
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen called for a public hearing on the following:
D. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Appendix B, Zoning, Section
5 -5003 Supplementary use regulations for civic use types,
specifically Section 5- 5003(x) Religious assembly, to allow
churches to occupy existing civic and commercial facilities in the
Rural Agricultural Conservation, Village Center, General
Commercial and Planned Development -Mixed Use zoning
districts as a principal, accessory, or temporary use provided that
the existing site improvements are adequate to accommodate the
use, and the use is allowed under the conditional zoning of the
property.
Beverly H. Walkup, Director of Planning and Zoning, presented the
proposed Ordinance.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Alphin 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, Section 5 -5003
Supplementary use regulations for civic use types, specifically Section
5- 5003(K) Religious assembly, to allow churches to occupy existing
civic and commercial facilities in the Rural Agricultural Conservation,
Village Center, General Commercial and Planned Development -Mixed
Use zoning districts as a principal, accessory, or temporary use
provided that the existing site improvements are adequate to
accommodate the use, and the use is allowed under the conditional
zoning of the property.
WH]EREAS, 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
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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, Section 5 -5003
Supplementary use regulations for civic use types, specifically Section 5-
5003(x) Religious assembly of the Isle of Wight County Code be amended
and reenacted as follows:
Sec. 5 -5003. - Supplementary use regulations for civic use types.
A. Adult care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of an adult care center shall
be provided to the zoning administrator prior to the issuance of a zoning
permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event.
Failure to do so shall be deemed willful noncompliance with the
provisions of this zoning ordinance.
3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, an adult day care center may be permitted by the board
of supervisors with a recommendation by the planning commission upon
a finding of the following criteria:
a. That the adult care center will not create excessive traffic,
insufficient parking, number of individuals being cared for, noise, or
type of physical activity; and
b. That there is ample indoor and outdoor space, free from hazard,
appropriately equipped with considerations given to the physical and
mental conditions of the persons attending the adult care center.
4. A conditional use permit shall not be required for an adult care center
that is operated by a religious organization, in buildings or structures on
property regularly used as a place of worship, or on adjacent leased
property.
B. Cemetery.
1. Any burial plot on land abutting a public or private street shall
comply with the required front yard setback of the underlying zoning
district and twenty -five (25) feet from all property lines.
2. Arrangements for perpetual maintenance of the cemetery shall be in
20
compliance with all applicable governmental laws and regulatory
requirements and shall be approved by the county attorney as to form.
3. Cemeteries and distance from wells. All cemeteries shall meet the
requirements set forth below unless otherwise exempted by the
department of health.
Well Class
Distance from Cemetery
Class 3A or deep well
Minimum 50 feet
Class 3B well
Minimum 50 feet
Class 3C or a shallow well
Minimum 100 feet
Class 4 well
Minimum 100 feet
The proposed location for a cemetery shall be compatible with adjacent land
uses, existing or proposed highways, and any other elements or factors
deemed to affect the public health, safety, and welfare of the inhabitants of
such district.
C. Child care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of a child care center shall
be provided to the zoning administrator prior to the issuance of a zoning
permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event.
Failure to do so shall be deemed willful noncompliance with the
provisions of this zoning ordinance.
3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, a child care center may be permitted by the board of
supervisors with a recommendation by the planning commission upon a
finding of the following criteria:
a. That the child care center will not create excessive traffic,
insufficient parking, number of individuals being cared for, noise, or
type of physical activity;
b. That there is ample indoor and outdoor play space, free from
hazard, appropriately equipped, and readily accessible for the age
and number of children attending the child day care center; and
c. That the area of the property upon which the child care center is
located contains no less than one thousand (1,000) square feet per
child to be cared for in the child care center.
4. A conditional use permit shall not be required for a child care center
that is operated by a religious organization, in buildings or structures on
property regularly used as a place of worship, or on adjacent leased
property.
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D. Child care institution.
1. Setbacks adjacent to single - family residential districts or property
used for single - family dwellings shall be at least sixty (60) feet. No
active recreational areas, refuse containers, parking or vehicular access,
etc., should be located within this setback area.
2. Perimeter landscaping shall be in accordance with use types as
specified in article VIII, and fencing shall be required.
3. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least sixty (60) feet from exterior lot lines.
4. Vehicular parking shall be in accordance with the requirements of
this ordinance.
5. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
E. Community center.
1. Pedestrian access and /or bike paths shall be provided to adjacent
residential developments. A bike parking area shall also be provided.
2. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least fifteen (15) feet from any recreational use on the lot and
from exterior lot lines.
3. Vehicular parking shall be in accordance with the requirements of
this ordinance and shall not be designed as to require or encourage cars
to back into a street.
4. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
F. Educational facility, primary /secondary. Facilities in the RAC and VC
Districts in existence as of the date of this ordinance may be expanded or
enlarged without a conditional use permit provided that all other site plan
requirements are met.
G. Modular classroom. Modular classroom unit(s) shall only be allowed on
a temporary basis, not to exceed twelve (12) months, on the site of an
existing primary /secondary, college /university, or religious assembly
educational facility.
1. No more than three (3) units shall be allowed on a single site without
approval of a conditional use permit.
2. The placement of the modular classroom unit(s) shall meet all of the
22
required building setbacks for the underlying zoning district. In addition,
all modular classroom unit(s) shall be setbacks at least thirty -five (35)
feet from the front or primary entrance of the permanent education
facility.
3. The existing parking on the site shall meet the requirements of article
X, including spaces necessary to serve users of the modular classroom
unit(s).
4. Exterior lighting of the modular classroom unit(s) shall be shielded
and shall have zero (0) spillover onto adjacent properties.
5. If existing landscaping on the site does not meet the requirements of
article VIII, additional landscaping shall be required to attain the
minimum buffer and frontage zone landscaping requirements of the site.
Foundation zone planting is not required for modular classroom units
which are in place less than twelve (12) months.
6. Modular classroom unit design and installation shall meet all
applicable federal, state and local building code regulations.
7. Modular classrooms which require placement longer than twelve
(12) months or construction of additional parking shall require a
conditional use permit.
H. Nursing home. Buildings in existence as of the date of adoption of this
ordinance may be expanded or enlarged without a conditional use permit
provided that all other site plan requirements are met.
I. Public maintenance and service facility. Outside storage of materials
shall be completely screened from public view, including vehicular storage
areas.
J. Public park and recreational area.
1. All outdoor recreational playfields, grounds and facilities and
associated fences or enclosures shall conform to the required front and
corner side yard building setbacks of the underlying zoning district.
2. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
3. Pedestrian access shall be provided whenever practicable to adjacent
residential properties.
4. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least fifteen (15) feet from any recreational use on the lot and
twenty -five (25) feet from any exterior lot lines.
5. Vehicular parking shall be in accordance with the requirements of
this ordinance and shall not be designed as to require or encourage cars
to back into a street.
6. Lighting shall be installed in accordance with article XI (outdoor
23
lighting requirements and restrictions) and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
7. All public swimming pools shall conform to the following minimum
requirements:
a. Setback requirements: Seventy -five (75) feet from any property
line.
L Additional setback requirements:
1. Setback adjacent to residential zone: One hundred
twenty -five (125) feet.
2. Setback adjacent to railroad right -of -way, publicly
owned land or land in commercial or industrial zone at any
point: Twenty -five (25) feet.
b. Any buildings erected on the site of any such pool shall comply
with the yard requirements of the zone in which the pool is located.
8. A public water supply shall be available and shall be used for the
pool. Use of a private supply of water for the pool may be granted by
conditional use permit provided that it will not adversely affect the water
supply of the community.
9. Perimeter landscaping shall be in accordance with bufferyard D in
section 8 -1004, and fencing shall be required adjacent to a residential
zone.
10. Special conditions deemed necessary to safeguard the general
community interest and welfare, such as provisions for off - street parking,
additional fencing or planting or other landscaping, additional setback
from property lines, location and arrangement of lighting and other
reasonable requirements, including a showing of financial responsibility
by the applicant, may be required by the board of supervisors with a
recommendation from the planning commission as a requisite to the
granting of a conditional use when applicable.
K. Religious assembly.
1. Religious facilities in the RAC and VC districts in existence as of the
date of this ordinance may be expanded or enlarged without a
conditional use permit provided that all other site plan requirements are
met.
2. Religious assembly may occupy existing civic or commercial
facilities in the RAC, VC, GC and PD -MX districts as a principal,
accessory or temporary use provided that the existing site
improvements, particularly parking, are adequate to accommodate the
demands of the use and provided that the use is allowed under the
conditional zoning of the property, if applicable.
24
Any new construction, expansion, or enlargement shall obtain a
conditional use permit in accordance with this ordinance.
L. Utility service, minor. All new customer utilities, services, including, but
not limited to, all wires, cables, pipes, conduits and appurtenant equipment,
carrying or used in connection with the furnishing of electric power,
telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer
systems, shall, after the effective date of this ordinance be placed below the
surface of the ground; provided, that:
1. Equipment such as electric distribution transformers, transmission
33KV and above, switchgear, meter pedestals and telephone pedestals,
which are normally installed above ground and in accordance with
accepted utility practices for underground distribution systems may be so
installed;
2. Meters, service connections and similar equipment normally attached
to the outside wall of the premises it serves may continue to be so
installed;
3. Overhead utilities services existing as of October 29, 1974, may be
repaired, replaced or increased in capacity; and relocated parallel and
adjacent to preexisting state roads;
4. Temporary overhead facilities required for construction purposes
will be permitted;
5. Whenever relocation of utility facilities is compelled by any
construction undertaken by any unit of government, the provisions of this
section may be waived by the board of supervisors or its agent;
6. Overhead farm and industrial customer utility services and wiring
which is on property owned and /or occupied by the users thereof will be
permitted;
7. Underground utilities will not be required in those areas of the
county zoned rural agricultural conservation districts under the zoning
ordinance of Isle of Wight County;
8. Underground utilities will not be required in industrial parks which
would be defined as subdivisions by the subdivision ordinance of Isle of
Wight County if zoned to an industrial use under the zoning ordinance of
Isle of Wight County;
9. Overhead utilities services may be extended within a subdivision
where the average lot size (excluding the original parcel) is greater than
five (5) acres and may further be extended in any case where such
extension would be parallel and adjacent to public roads existing as
October 29, 1974. Utilities services along roads not existing as of
October 29, 1974, and internal to a subdivision where the average lot size
(excluding the original parcel) is five (5) acres or less must be
underground. Overhead utilities services may be extended along or
across other public roads as authorized by the zoning administrator.
25
10. All improvements herein required shall be in accordance with
accepted standards of utility practice for underground construction.
M. Utility services, major.
1. Public utility buildings in any permitted residential zone shall have
the exterior appearance of residential buildings. Landscaping shall be
provided in accordance with bufferyard D in section 8 -1004
2. Nothing herein shall require a conditional use permit for repair of a
water well so long as the design capacity of the repaired well is not
increased; nor shall a conditional use permit be required for replacement
of a well which is worn out or has become less productive, so long as:
a. The replacement well is no more than one -fourth (' /a) of a mile in
distance from the well being replaced;
b. The replaced well is abandoned in accordance with regulations
administered and enforced by Virginia Department of Environmental
Quality or other applicable agency;
c. The replacement well shall draw water from the lower cretaceous
aquifer (Potomac Group) only;
d. The owner of the well demonstrates to the zoning administrator
that the replacement well will provide no more water than the well
being replaced by providing the zoning administrator board with the
initial production tests of the well being replaced and the initial
production tests of the replacement well; and
e. The average static water level of the lower cretaceous aquifer, as
determined from the average of all monitoring and observation wells
of the Virginia Department of Environmental Quality, has not
dropped more than fifty percent (50 %) from the most recent average
static water level. (Measured from the most recent average static
water level to the top of the aquifer.)
Provided, further, that if the owner has more than one (1) well designed or
capable of producing fifty thousand (50,000) gallons or more per day located
in Isle of Wight County, Virginia, the owner shall provide the zoning
administrator with the name, location and initial production tests of such
other wells of said design or capacity.
3. The dissolution or abandonment of a public water system previously
approved by the Virginia Department of Health and /or the county shall
require obtaining a conditional use permit from the board of supervisors,
after recommendation from the planning commission. (7 -7 -05; 5- 27 -10.)
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
26
Chairman Casteen called for a public hearing on the following:
E. Lease of Public Property for Agricultural Purposes /Griffin
Property Farm Lease
County Attorney Popovich advised that a public hearing is required
responsive to the Board's action at its prior meeting to authorize lease of the
above property to Jones Farm, Inc. He advised that the matter has been
properly advertised for public hearing.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed lease.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey moved that the lease of public property for
agricultural purposes be approved. The motion was adopted by a vote of (5-
0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor
of the motion and no Supervisors voting against the motion.
Chairman Casteen called for a public hearing on the following:
F. Divestment of County Property to the Isle of Wight County
Industrial Development Authority /Griffin Property
Chairman Casteen called for persons to speak in favor of or in
opposition to the divestment.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Alphin moved that the transfer be approved. The motion
was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin
and Casteen voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Hall moved that Board authorize the Chairman to sign the
assignment of lease with the Jones Farm. The motion was adopted by a vote
of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Casteen called for a public hearing on the following:
27
G. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Chapter 7. Fire Protection.
Article I. In General. Section 7 -1.2. Emergency Ambulance
Transportation Service Fees
County Attorney Popovich advised that the matter has been properly
advertised for public hearing.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Alphin moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING CHAPTER 7,
FIRE PROTECTION, ARTICLE I. IN GENERAL, SECTION 7 -1.2
EMERGENCY AMBULANCE TRANSPORTATION SERVICE FEES
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia seeks to update the Isle of Wight County Code to update and correct
errors discovered.
NOW THEREFORE BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Section 7 -1.2. Emergency Ambulance
Transportation Service Fees be amended and reenacted as follows:
Section 7 -1.2 Emergency Ambulance Transportation Service Fees
(a) In accordance with Section 32.1- 111.14 of the Code of Virginia
(1950, as amended), the provisions of this Section are deemed necessary to
assure that adequate emergency services are provided to ensure the health,
safety and general welfare of Isle of Wight County citizens.
(b) Definitions. The following definitions shall apply for purposes of
this section:
Advanced life support level 1\ or ALS -1. Medical treatment or
procedure services provided to a patient beyond those defined in "basic
life support" or "BLS," but shall not include those services set forth in
"advanced life support level 2" or "ALS -2."
Advanced life support level 2\ or ALS -2. Those advanced life
support (ALS) services provided to a patient beyond ALS -1 including
the following procedures: (i) manual defibrillation/cardioversion; (ii)
endotracheal intubation; (iii) central venous line; (iv) cardiac pacing;
(v) chest decompressions; (vi) surgical airway; or (vii) intraosseous
line, and the administration of three or more medications of any kind.
Basic life support\ or BLS. Medical treatment or procedure
services provided to a patient as defined by the National Emergency
Medicine Services (EMS) Education and Practice Blueprint for the
Emergency Medical Technician (EMT)- Basic.
Ground transportation mileage\ or GTM. The assessed travel
distance, in statute miles, from the location of the incident scene, or
center point of a fire demand zone where an incident scene or address
is located, to a hospital or other medical facility where a patient is
transported.
(c) The schedule of fees for ambulance transportation services
provided by the Isle of Wight County department of emergency management
shall be as set by the Chief of Emergency Services and approved by the
Board of Supervisors of Isle of Wight County.
(d) The Chief of Emergency Services is hereby authorized and
directed to establish such rules and regulations as may be necessary for the
administration of the charges imposed by this section, including but not
limited to, billing and repayment procedures. (2- 17 -05; 4- 19 -07.)
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Casteen moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Casteen called for consideration of the Consent Agenda.
A. Fair Committee By -laws
B. Resolution to Accept and Appropriate Disaster Assistance Funds
from the Federal Emergency Management Agency for Hurricane
Irene Damages
29
C. Cannon Acres Waterline Project
D. Resolution to Accept and Appropriate Grant Funds from the
Virginia Wireless E -911 Services Board PSAP Education
Program Grant
E. Resolution to Authorize the Submission of a Grant Application
and to Accept and Appropriate Funds from the Virginia
Commission of the Arts
F. Resolution to Accept and Appropriate Grant Funds from the
Virginia Department of Agriculture and Consumer Services for
the Purchase of Development Rights
G. Resolution to Accept and Appropriate Grant Funds
H. Hampton Roads Partnership
I. Western Tidewater Water Authority (WTWA)
J. Board Retreat
K. Board of Zoning Appeals Resolution of Appreciation for Nancy
Guill
L. January 5, 2012 Regular Meeting Minutes
M. January 10, 2012 Special Meeting Minutes
N. January 19, 2012 Regular Meeting Minutes
At the request of Chairman Casteen, Supervisor Hall moved that Item
(M), January 10, 2012 Special Meeting Minutes, be removed from the
Consent Agenda and that the remaining items be adopted. The motion was
adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion.
Regarding Item (M), January 10, 2012 Special Meeting Minutes,
Chairman Casteen moved that consideration of the minutes be postponed
until the Board's March 15, 2012 meeting. The motion was adopted by a
vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen
voting in favor of the motion and no Supervisors voting against the motion.
H
Chairman Casteen called for Regional Reports.
c X
Chairman Casteen reported that the focus of the Coalition of High
Growth Communities meeting had been on current issues and legislation.
Regarding the Hampton Roads Military and Federal Facilities Alliance,
Supervisor Darden reported that the 2013 budget for the Hampton Roads area
will remain intact.
County Administrator Caskey reported that the Hampton Roads
Planning District Commission had held its retreat and discussed its mission,
budget, compensation for staff and the possibility of paperless agendas.
County Administrator Caskey reported that the Southeastern Public
Service Authority is working on its next fiscal year budget.
Supervisor Hall reported that she had taken a tour of the packing plant
with respect to the Western Tidewater Jail Authority's work release program.
Chairman Casteen reported that he had been nominated Vice - Chairman
of the Western Tidewater Water Authority.
Regarding the Windsor Intergovernmental Relations Committee,
Supervisor Alphin reported that the Director of Economic Development had
made a presentation to the Windsor Town Council who wishes to discuss
water and sewer in the Town with the County.
Supervisor Bailey reported that the Commission on Aging conducts
four (4) annual events and has an annual budget of $1,700.
I/I
Chairman Casteen called for Transportation Matters.
Frank Haltom, Assistant Director of General Services, formally
introduced Jamie Oliver, that Department's new VDOT Coordinator.
Ms. Oliver distributed a planning, engineering and signage sheet which
had been inadvertently omitted from the Board's agenda.
Responsive to Supervisor Darden, Mr. Haltom advised that the County
does not own or maintain outfall ditches unless an easement has been deeded
to the County. He requested any persons with questions regarding ditch
maintenance to contact Ms. Oliver directly.
Regarding the issue of traffic calming efforts in the Carrisbrooke and
Gatling Pointe South neighborhoods, Supervisor Bailey moved that the
Board direct staff to proceed with a preliminary public meeting for each
neighborhood to determine citizen commitment to moving forward with
31
developing a traffic- calming plan. The motion was adopted by a vote of (5-
0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor
of the motion and no Supervisors voting against the motion.
H
Chairman Casteen called for Citizens Comments.
Ed Easter of 12224 Hideaway Lane spoke in favor of managed County
growth.
Mary Batten of Surry County spoke in opposition to the proposed
Cypress Creek Coal -Fired Power Plant.
Helen Eggleston of 2985 Rolf Highway, Dendron, requested that the
Board take appropriate action to prevent the construction of the proposed
Cypress Creek Coal -Fired Power Plant. She further requested the Board to
reaffirm its resolution of opposition.
Conway Henderson of 13185 Doggett Lane requested that the Board
not rescind its resolution of opposition to the proposed Cypress Creek Coal -
Fired Power Plant and that the Board favorably consider the Blackwater
Regional Library's request for additional funding.
Kelly Place of Williamsburg spoke in opposition to the proposed
Cypress Creek Coal -Fired Power Plant.
Laura Sickles of 15254 Newbill Lane requested that the Board uphold
its resolution of opposition to the proposed Cypress Creek Coal -Fired Power
Plant.
Donn Sickles of 15254 Newbill Lane requested the Board to reaffirm
its opposition to the proposed Cypress Creek Coal -Fired Power Plant.
Pat Clark of Twin Hill Lane distributed copies of his Dominion
Virginia Power bill, noting that company's reliance reduction on coal. He
requested that the Board not act until the Commission on Aging has heard
from those in favor of the proposed coal plant.
Thomas Finderson of 24661 Sugar Hill Road spoke in opposition to the
proposed Cypress Creek Coal -Fired Power Plant.
Willis Freeman of 305 Pocahontas Avenue notified the Board that the
bridge at the former International Paper facility has been closed since
December 2011. He cited concerns with that bridge closure.
Ivan Leonard of Camptown notified the Board regarding the need for a
drainpipe in his yard to correct improper drainage.
32
Tom Gaskell of Dodge Lane advised that the sentiment of certain
Carrsville citizens is that the Carrsville area does not receive the same
amount of attention as other areas of the County even though a great deal of
tax revenue was previously generated from the plant. He further advised that
Camptown now has speed limit signs; VDOT has cleaned out the drainage
pipes; and, a VDOT survey crew is to survey that area to resolve any
drainage concerns. He requested the Board to encourage General Services'
staff to assist with drainage problems in that area.
Chris Anderson of 11181 Rolf Highway in Surry spoke in opposition to
the proposed Cypress Creek Coal -Fired Power Plant.
Ben Rideout, Southern Development Committee Chairman, invited the
Board, the Director of Planning and Zoning, the Director of Economic
Development and the Director of General Services to tour the southern area
of the County
Chris Moore, Chesapeake Bay Foundation, spoke in opposition to the
proposed Cypress Creek Coal -Fired Power Plant.
David Hudgins of Old Dominion Electric Cooperative requested that
the Board rescind its former resolution of opposition.
Stacy Casey, future Surry County resident, spoke in opposition to the
proposed Cypress Creek Coal -Fired Power Plant.
//
Chairman Casteen called for Board comments.
Responsive to Mr. Freeman's comments under Citizens' Comments
concerning the bridge closure at the former International Paper site,
Supervisor Alphin offered to provide the Chief of Emergency Management
with contact numbers of Camptown residents so that notification of future
road /bridge closures can be provided to them.
Andrea S. Clontz, Assistant to the County Administrator and Deputy
Emergency Management Coordinator, is to provide Mr. Chase with the
names of Camptown residents so that they can be added to the Isle of Wight
Alert recipients list with respect to notification of these types of events.
//
Chairman Casteen called for the County Attorney's report.
33
County Attorney Popovich requested the Board's authorization to
advertise for public hearing the realignment of a pole line in Zuni which will
encroach on County -owned property.
Chairman Casteen moved that the County Attorney's office be
authorized to set the matter for public hearing at the Board's March 15, 2012
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
County Attorney Popovich requested the Board's authorization to
advertise for public hearing An Ordinance to Amend and Reenact the Isle of
Wight County Code Chapter 7. Fire Protection. Article III. Fire Prevention.
Section 7 -14. Permissible Open Burning.
Supervisor Bailey moved that the County Attorney's office be
authorized to set the matter for public hearing at the Board's March 15, 2012
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
County Attorney Popovich represented a request from Hope
Presbyterian Church to purchase ten (10) acres of County -owned property
located at 13080 Great Spring Road.
Supervisor Alphin moved that the Chairman be authorized to execute
the purchase agreement on behalf of the Board.
Following discussion by the Board regarding the prematurity of the
request due to unknowns regarding the future use of the property, the
location of the rescue squad, the purchase price and the potential need for an
appraisal of the property, Supervisor Alphin rescinded his motion.
Supervisor Hall moved that the County enter negotiations with Hope
Presbyterian Church concerning the purchase of property on Great Spring
Road. The motion was adopted by a vote of (4 -1) with Supervisors Darden,
Hall, Alphin and Casteen voting in favor of the motion and Supervisor Bailey
voting against the motion.
Chairman Casteen moved that the Board reconsider the above vote.
The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey,
Hall, Alphin and Casteen voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Hall moved that the County enter negotiations with Hope
Presbyterian Church concerning the purchase of property on Great Spring
Road. The motion was adopted by a vote of (5 -0) with Supervisors Darden,
34
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisor voting against the motion.
County Attorney Popovich advised that included in the Board's agenda
for the Board's information is a recent Virginia Attorney General's opinion
relative to House Joint Resolution No. 693 responsive to the Board's
previous correspondence to the County's representatives opposing this
legislation.
Responsive to Supervisor Bailey's request to further discuss the Town
of Smithfield's request for reimbursement of certain fire and rescue invoices
in the amount of $29,872.37, it was the concensus of the Board that County
Attorney Popovich and Smithfield Town Attorney Riddick are to resolve the
matter and report back to the Board at its March 15, 2012 meeting.
County Attorney Popovich advised that he had two (2) matters to
discuss with the Board later during the closed meeting.
//
Chairman Casteen declared a break.
The Board returned to open session.
Chairman Casteen called for the Community Development report.
The Board received a presentation from Ms. Leigh Chapman, Salters
Creek Consulting, relative to the revisions to the Hazard Mitigation Plan
which was originally adopted by the Board in 2006 and which now includes
manmade hazards and updated natural hazards; revised goals and objectives;
and, an element of environmentally friendly and energy efficient technologies
as part of the mitigation strategy.
Chairman Casteen emphasized concern with Route 460 being identified
as a critical evacuation route due to its potential to flood.
Mr. Chase advised that Route 460 is identified in the County's
evacuation plan under the Department of Emergency Management. He
advised that the Route 58 Bypass at Bowers Hill is being considered for a
reverse lane through Suffolk, Franklin and Southampton County versus being
solely dependent on Routes 460 and 258.
Ms. Chapman offered to add the above comments on Route 460 to the
Action Plan. She advised that the Plan must be updated every five (5) years
and it has been preliminarily approved by the Virginia Department of
Emergency Management and the Federal Emergency Management Agency.
35
Ms. Barnes presented a Resolution to Adopt the Updated Southside
Hampton Roads Hazard Mitigation Plan to Serve as Isle of Wight County's
Hazard Mitigation Plan in Accordance with the Disaster Mitigation Act of
2000 for the Board's consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION ADOPTING THE UPDATED SOUTHSIDE HAMPTON
ROADS HAZARD MITIGATION PLAN 2011 TO SERVE AS THE
UPDATED HAZARD MITIGATION PLAN FOR ISLE OF WIGHT
COUNTY, VIRGINIA
W]FIEREAS, the Disaster Mitigation Act of 2000, as amended, requires
that local governments develop and adopt hazard mitigation plans in order to
receive certain federal assistance; and,
WHEREAS, the County of Isle of Wight; the Cities of Norfolk,
Portsmouth, Suffolk and Virginia Beach; and the Towns of Smithfield and
Windsor formed the Southside Hampton Roads Hazard Mitigation Planning
Committee and adopted a comprehensive hazard mitigation plan for the
region in June 2006; and,
WHEREAS, the Southside Hampton Roads Hazard Mitigation
Planning Committee was awarded a grant to update the 2006 regional hazard
mitigation plan; and,
WHEREAS, a request for proposals was issued by, and subsequent
contract administered by, Hampton Roads Planning District Commission, to
hire an experienced consulting firm to work with the Southside Hampton
Roads Hazard Mitigation Planning Committee to update the 2006 regional
hazard mitigation plan; and,
WIEREAS, the Southside Hampton Roads Hazard Mitigation
Planning Committee held regional meetings and public hearings to study the
region's risk from, and vulnerabilities to, natural and manmade hazards and
to make recommendations on mitigating the effects of such hazards on the
region; and,
WIEREAS, the efforts of the Southside Hampton Roads Hazard
Mitigation Planning Committee have resulted in the development of the
updated Southside Hampton Roads Hazard Mitigation Plan 2011 for the
region.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors
of Isle of Wight County, Virginia, that the Southside Hampton Roads Hazard
Mitigation Plan, dated September 2011, is hereby approved and adopted for
Isle of Wight County, Virginia.
36
The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Smolnik updated the Board on the most recent meeting of the
Small Business Committee with respect to the issue of temporary signs.
Supervisor Darden advised the farming community became alarmed
when directional signs advertising a local farmer's auction of farm equipment
were removed from the VDOT right -of -way.
Mr. Smolnik advised that off - premises signs are illegal per the County
Code. He stated that investigation of other municipalities revealed that they
do not allow this type of sign. He advised that signs under one (1) square
foot are not regulated by the Code.
Following inquiry if an exception can be made for this type of event,
Ms. Walkup offered to review the Zoning Ordinance and return to the Board
with recommendations.
Supervisor Bailey moved, then amended, then withdrew his motion that
there be an exception for farm auctions and that signs be allowed for ten (10)
days following advisement from County Attorney Popovich that such a
motion would require a change in the County's Ordinance and a public
hearing and that granting such an exemption could be setting a precedent.
Ms. Walkup offered to work with the farmer and bring back some
appropriate revisions to the Zoning Ordinance.
Supervisor Darden moved that the Director of Planning and Zoning be
directed to work with the farm owner and that staff be directed to return to
the Board with a proposal for this type of exemption or ordinance in the
future. The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
H
Chairman Casteen called for the Parks and Recreation report.
Mike Stephens, Isle of Wight County Fair Committee Chairman,
presented a request from the Fair Committee to fill in the irrigation pond and
drainage ditch at Heritage Park using volunteers. He advised that the project
would not be undertaken this year due to a project that is currently underway.
Supervisor Alphin moved that permission be granted to fill in the
irrigation ditch and pond at Heritage Park at no cost to the County with the
37
General Services Department obtaining any permits required. The motion
was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin
and Casteen voting in favor of the motion and no Supervisors voting against
the motion.
Mark W. Furlo, Director of Parks and Recreation, requested
authorization to hire five (5) Skating Rink Attendants.
Supervisor Alphin moved that the Parks and Recreation Director be
authorized to hire five (5) staff for the Skating Rink. The motion was
adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion.
Mr. Furlo requested authorization to hire temporary personnel required
to implement the Summer Blast Program at Carrollton Elementary School.
Supervisor Bailey moved that the Director of Parks and Recreation be
authorized to advertise and hire temporary personnel required to implement
the Summer Blast Program. The motion was adopted by a vote of (5 -0) with
Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Casteen called for the General Services report.
Frank Haltom, Assistant Director of General Services, requested
authorization to expend $200,000 in capital funds for the Sanitary Consent
Order project.
Supervisor Darden moved to authorize the expenditure of $200,000 for
the Sanitary Consent Order project. The motion was adopted by a vote of (5-
0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor
of the motion and no Supervisors voting against the motion.
Mr. Haltom requested authorization to upgrade the Secretary for the
Public Utilities Division of General Services to an Administrative Assistant.
Chairman Casteen moved that the County Administrator be authorized
to upgrade the Secretary for the Public Utilities Division of General Services
to an Administrative Assistant, advertise for and fill the position up to the
position range mid -point of $34,849. The motion was adopted by a vote of
(5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Casteen called for the Tourism report.
Jennifer Williams England, Historic Resources Manager, briefed the
Board regarding the Courthouse, Civil War and Smokehouse exhibits.
H
Chairman Casteen called for the County Administrator's report.
County Administrator Caskey requested the Board's consideration of a
Resolution to Appropriate Funds from the Unassigned and Assigned Fund
Balance for the Completion of Various Carryover Operating and Capital
Projects and a Resolution to Accept and Appropriate Funds from the State
and Federal Governments for Carryover Grant Programs.
Chairman Casteen moved that consideration of the Resolutions be
postponed until the Board's March 5, 2012 special meeting set to discuss
financial matters. The motion was adopted by a vote of (5 -0) with
Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Robertson requested authorization to proceed with health insurance
consultant services.
Supervisor Hall moved to authorize execution of an agreement with the
selected vendor for the provision of consulting services relative to health
insurance. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
Mr. Robertson briefed the Board regarding the Juvenile Accountability
Program and requested authorization for Court Services to maintain the
program by outsourcing services.
Supervisor Darden moved that the Court Services be authorized to
maintain the Juvenile Accountability Program by outsourcing services. The
motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
Ms. Williams England briefed the Board regarding the need to
demolish the structurally unstable old Jail building located on the Courthouse
complex, due to ongoing budget restraints and safety of passers by.
Supervisor Bailey moved that the Department of General Services be
authorized to proceed with the demolition of the old Jail, salvaging any
appropriate items. The motion was adopted by a vote of (5 -0) with
39
Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
Regarding the issue of the Cypress Creek Coal -Fired Power Plant, John
Seward, Surry County Board of Supervisors, notified the Board that the
Surry Board had taken action at its most recent meeting to request the County
Board to revisit the decision made by the previous County Board members
and not take a position on the issue of the proposed Cypress Creek Coal Fired
Power Plant at this point in time.
County Attorney Popovich, responsive to an inquiry from Supervisor
Alphin, advised that the Board could not reconsider a prior motion, but it
could adopt a different resolution if it so chooses.
Supervisor Darden moved that the County Attorney be directed to draft
a resolution reflecting that the County has a neutral stance with respect to the
coal plant. The motion was defeated by a vote of (2 -3) with Supervisors
Darden and Casteen voting in favor of the motion and Supervisors Bailey,
Hall and Alphin voting against the motion.
Responsive to a previous request from Supervisor Bailey that the Board
be provided a list of County -owned properties, Supervisor Bailey moved that
the matter be postponed until the Board's March 15, 2012 meeting due to the
late hour. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
Mr. Robertson notified the Board that the Machinery & Tools Tax
legislation, House Bill 512, had failed. He further advised that he would be
emailing information received from VACo.
Regarding the issue of funding for the Zuni welcome sign project, Mr.
Robertson advised that $15,000 had previously been appropriated per year
over a three (3) year period to the Industrial Development Authority (IDA) to
the Newport Development Service District Corridor Revitalization
Committee and the Southern Development Committee (SDC). He stated in
response to the SDC's Chairman's request to the Board at its October 6, 2011
meeting to allocate funding up to $14,000 for a proposed welcome sign
project for Route 460 at Zuni Circle, the Board had authorized use of up to
$14,000 of remaining SDC funds from the IDA fund for the project, but due
to changes in accounting standards relative to GASB 54, remaining funds are
no longer available for this purpose. He advised that the IDA, at its February
14, 2012 meeting, had declined to re- appropriate funds for the Zuni welcome
sign project and moved that the matter be referred to the Board for its
consideration.
Supervisor Alphin advised that the land where the Southern
Development Committee desires to install the sign is in the jurisdiction of the
1,
Federal Emergency Management Agency (FEMA) and the mater is currently
in the process of being appealed by the State.
Supervisor Alphin moved that the matter be deferred until the location
for the sign is resolved. The motion was adopted by a vote of (5 -0) with
Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Casteen called for Appointments.
Supervisor Alphin moved that Kathy Bowden be appointed to serve on
the Boykin's Tavern Museum Advisory Committee representing the
Carrsville District. The motion was adopted by a vote of (5 -0) with
Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Alphin moved that Thomas Giles be appointed to serve on
the Southern Development Committee. The motion was adopted by a vote of
(5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Hall moved that W. Lee Duncan be appointed to serve on
the Historical Architectural Advisory Board representing the Hardy District.
The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey,
Hall, Alphin and Casteen voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Hall moved that James Ford be reappointed to serve on the
Planning Commission presenting the Hardy District. The motion was
adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Darden moved that Kay Stephenson be appointed to serve
on the Beautification Committee representing the Windsor District. The
motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Darden moved that William G. Saunders, IV be reappointed
to serve on the Planning Commission representing the Windsor District. The
motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
41
Mr. Robertson was requested to investigate if the Community Criminal
Justice Board is in need of an individual from the County to serve.
Mr. Robertson was requested to locate an individual willing to serve on
the Southeastern Tidewater Opportunity Project.
Supervisor Darden and Mr. Robertson were requested to locate an
individual from Windsor or Carrsville that is willing to serve on the Western
Tidewater Community Services Board.
H
Chairman Casteen called for Old Business.
Chairman Casteen called for discussion on the Smithfield Volunteer
Fire Department utility bills.
Supervisor Darden moved that a resolution be adopted paying the
Smithfield Volunteer Fire Department $3,740.91, as well as a payment of an
additional $2,781. The motion was adopted by a vote of (5 -0) with
Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
H
Supervisor Bailey moved that the Board extend its meeting past 11:00
p.m. The motion was adopted by a vote of (5 -0) with Supervisors Darden,
Bailey, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
%I
Chairman Casteen offered a motion to add $10,600 to the Smithfield
Volunteer Fire Department budget for utilities.
Chairman Casteen withdrew his motion following a request from
Supervisor Darden that the matter be further discussed at the Board's March
151 2012 meeting.
Regarding the issue of water system connection charges, Supervisor
Bailey moved that the matter be postponed until the Board's March 15, 2012
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
H
Chairman Casteen called for New Business.
42
Responsive to the request of the Blackwater Regional Library,
Supervisor Darden moved that the request for a mid -year budget
appropriation in the amount of $5,750 be granted. The motion was adopted
by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen moved, and withdrew his motion, that Mr.
Hardison's report on the SPSA be added to New Business.
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Code of Virginia concerning a personnel matter
pertaining to a specific public official and pursuant to Section 2.2- 3711.A.7
concerning legal advice requiring the provision of legal advice pertaining to
the Southeastern Public Service Authority.
Supervisor Bailey moved that the Board enter closed meeting for the
reasons stated. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Darden moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Casteen 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.
43
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
H
The Board took no action following the closed meeting.
At 11:40 p.m., Chairman Casteen declared the meeting adjourned.
Okudn LPILVI'll-)
Carey NMIs Storm, Clerk
..
Alan E. Casteen, Chairman