06-28-2012 Regular MeetingBook 29, Page 290
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY- EIGHTH DAY OF JUNE 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 5:00 p.m.
Supervisor Hall delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Casteen called for Approval of the Agenda.
County Attorney Popovich requested the following revisions to the
agenda: Under New Business, add an item pertaining to a sewer hookup;
under New Business, add an item pertaining to a Paramedic position; under
New Business, add an item pertaining to the Board Room; under New
Business, add discussion concerning the relationship between the Board of
Supervisors and the School Board; under New Business, add an item
pertaining to the creation of an advisory committee; under New Business, add
an item pertaining to the entrance to the County; under the County Attorney's
report, add one (1) closed meeting item; and, under the County Attorney's
report, add a Fiscal Year 2012 -13 Appropriation Resolution.
Supervisor Hall moved that the Agenda be approved, as amended. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Casteen called for Special Presentations /Appearances
Book 29, Page 291
A dog currently available for adoption at the County's animal shelter
was displayed.
Sheriff Marshall notified the Board that the County has been awarded a
grant from PETCO in the amount of $35,000 for a climate- controlled trailer
that will display animals for adoption. He advised that the grant requires no
cash match on the part of the County.
Special commendations were presented to Deputies Edwards and
Gradine by Sheriff Marshall.
Sheriff Marshall was commended by Supervisor Alphin on the way in
which the Sheriff's Office works in conjunction with the County's volunteer
fire and rescue organizations.
Supervisor Darden presented Mrs. Virginia Norfleet with a resolution
recognizing her many contributions and moved that the following Resolution
be adopted:
RESOLUTION TO RECOGNIZE VIRGINIA NORFLEET
WHEREAS, Mrs. Virginia Norfleet is a resident of Isle of Wight
County and, for years, has demonstrated her concern for the elderly and
needy citizens of the County; and,
WHEREAS, Mrs. Norfleet, a nurse by profession, has spent unlimited
hours of volunteer time improving the quality of life and well being for
citizens of Isle of Wight; and,
WHEREAS, Mrs. Norfleet has responded to the needs of others
through her involvement with her church, Meals on Wheels, Windsor
Woman's Club, and the Western Tidewater Free Clinic; and,
WHEREAS, the Isle of Wight County Board of Supervisors desires to
recognize senior citizens like Mrs. Virginia Norfleet who serve as an
inspiration to others and are deserving of recognition.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Isle of Wight County, Virginia hereby recognizes the
benevolent spirit and accomplishments of Mrs. Virginia Norfleet.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Larry Land, Director of Policy Development for the Virginia
Association of Counties (VACo), provided an overview of current VACo
activities.
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Book 29, Page 292
Tidewater Physical Therapy of Windsor was the featured business
under the Small Business Close Up segment of the agenda.
Margaret Fultz, Director of Community Relations, United Way of
South Hampton Roads, reported on the County's 2011 -12 Employee
Contribution Campaign.
Bill Hardin, Construction Manager, Isle of Wight County Schools,
briefed the Board regarding recent bids received on the proposed Georgia D.
Tyler Middle School.
//
Chairman Casteen called for consideration of the Consent Agenda.
A. 2012 Legislative Update
B. Great American Cleanup National Action Days
C. Grant Funds /Keep Virginia Beautiful for Cigarette Litter
Prevention Project
Resolution to Accept and Appropriate Grant Funds from
Keep Virginia Beautiful for the Implementation of a
Cigarette Litter Prevention Program through Isle be Green
D. National Fish and Wildlife Federation Chesapeake Bay
Stewardship Fund
E. Community Services Performance Contract
F. Grant Application — Obici Healthcare Foundation "Share the
Road" Signs
Resolution to Authorize Submission of a Grant Application
and to Accept and Appropriate Funds from the Obici
Healthcare Foundation
G. Accept and Appropriate Grant Funds — Office of Justice
Programs Bulletproof Vest Partnership Funding
Resolution to Accept and Appropriate Grant Funds from
the Department of Justice for the Bulletproof Vest
Partnership Program
H. Monthly Update — 2012 Strategic Plan Initiative for Economic
Development
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Book 29, Page 293
I. Fiscal Year 2011 -12 Monthly Financial Reports for County and
Schools.
J. March 29, 2012 Budget Work Session Minutes
K. April 5, 2012 Budget Work Session Minutes
L. April 19, 2012 Regular Meeting Minutes
M. April 25, 2012 Budget Work Session Minutes
Supervisor Darden moved that the Consent Agenda
motion was adopted by a vote of (5 -0) with Supervisors
Bailey, Hall and Alphin voting in favor of the motion at
voting against the motion.
H
Chairman Casteen called for Regional Reports
be adopted. The
Casteen, Darden,
d no Supervisors
Supervisor Hall reported that she had attended the Hampton Roads
Economic Development Alliance meeting on behalf of the Chairman and
found it to be very interesting.
County Administrator Caskey, reporting on the Transportation
Planning Organization meeting, advised that $80 million has recently been
allocated as a line of credit for jump starting the Route 460 project. He
further reported that a 2012 certification by the Federal Highway
Administration has been granted and that the importance of Virginia's Gold
Crescent effort had also been discussed.
Supervisor Darden advised that the Roosevelt Group had been selected
as the Military Federal Facilities Alliance's lobbying group and sequestration
had been a topic of focus.
Chairman Casteen notified the Board that Dana Dickens will be retiring
from the Hampton Roads Partnership at the end of the year.
County Administrator Caskey reported that the Hampton Roads
Planning District Commission has published its annual Hampton Roads data
books electronically and the regional Sea Level Rise Study, Phase 3, Final
Report, is of great importance to this region. He advised that there will be a
conference in the fall in Virginia Beach entitled "The Ocean's 2012
Conference" to discuss the importance of the oceans and all related matters.
Chairman Casteen notified the Board that he intends to sign the Golden
Crescent Letter in his capacity as Chairman of the Mayors and Chairs.
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Book 29, Page 294
Chairman Casteen reported that he had attended a foster parent
appreciation celebration on behalf of the Social Services Board and that three
(3) students had graduated this year who were participants in the County's
program.
County Administrator Caskey advised that the Southeastern Public
Service Authority (SPSA) had received a routine monthly report from
Wheelabrator and the SPSA Board had approved monthly private hauler
contracts. He further advised that a Nominating Committee had been
appointed for the Chairmanship and Vice- Chairmanship, which will come up
in July 2912.
Supervisor Bailey reported that the air conditioning contract for the
Western Tidewater Regional Jail had been discussed by the Authority.
Chairman Casteen reported that the Western Tidewater Water
Authority members had discussed routine matters at its most recent meeting.
//
Chairman Casteen called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, advised that VDOT
is running behind on grass cutting efforts and he requested persons with road
or maintenance concerns to call 1 -800 -for -road.
Supervisor Darden requested staff to contact the appropriate VDOT
official and request that the Dominion power line be removed that is hanging
over the roadway in Orbit.
Responsive to an inquiry from Supervisor Darden regarding why just a
portion of Poor House Road has recently been paved, Mr. Wrightson advised
that the paving project will be completed by VDOT at some point this
summer.
Chairman Casteen called for Citizens Comments.
Ed Easter of 12224 Hideaway Lane thanked the Board for action taken
regarding the VDOT Six -Year Secondary Improvement Plan. He advised
that the Carrollton Civic League recently received a presentation from a
Chesapeake Bay Foundation scientist regarding the Chesapeake Bay who had
complimented the County's General Services and Engineering Departments'
staff's abilities to meet the requirements of the TMDL.
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Book 29, Page 295
Pete Green notified the Board that effluent is being pumped into
Antioch Creek and swamp from a residence at 8050 Mill Creek Drive. He
suggested that Supervisor Alphin speak with State Water Control Board staff
and that a mitigation plan be developed between the County and International
Paper as it begins to draw water from its wells.
Albert Burckhardt reported that there is free organic mulch available
for pickup at the Joel C. Bradshaw Fairgrounds.
Chairman Casteen called for comments from the Board.
Supervisor Alphin offered to follow up on Mr. Green's effluent
concerns.
Chairman Casteen called for the County Attorney's report.
County Attorney Popovich requested authorization to advertise for
public hearing a proposed Ordinance to Amend and Reenact the Isle of Wight
County Code by Enacting Chapter 3. Animals and Fowl. Article F. Cruelty to
Animals; Penalty.
Supervisor Bailey moved that the County Attorney's office be
authorized to advertise this matter for public hearing at the Board's July 19,
2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
County Attorney Popovich presented a Performance Agreement
between the County and International Paper Company and the Industrial
Development Authority of the County to allow for the disbursement of
$350,000 from the Governor's Development Opportunity Fund to
International Paper should specified targets be achieved in a timely manner.
Supervisor Alphin moved that the Chairman be authorized to execute
the Performance Agreement on behalf of the Board. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich presented a Cooperative Agreement
between the County and the Department of Social Services Board pertaining
to legal services to be provided to the Social Services Board by the County
Attorney's office in Fiscal Year 2012. He advised that the School Board has
chosen not to renew its participation in the Agreement and have been
removed from the Agreement.
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Book 29, Page 296
Supervisor Bailey moved that the Chairman be authorized to execute
the Agreement on behalf of the Board. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich presented a Franchise Extension Agreement
between the County and BFI Waste Services, LLC. He advised that the
current agreement is set to expire on July 31, 2012 and an extension is
necessary to continue the County's procurement process.
Supervisor Darden moved that the Chairman be authorized to execute
the Agreement on behalf of the Board. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich presented a Statement of Agreement
between the County and the Virginia Department of Health to provide for the
payment of fiends by the Commonwealth for operational purposes.
Supervisor Alphin moved that the Chairman be authorized to execute
the Agreement on behalf of the Board. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich presented a proposed amendment to the
current recycling contract with AVES to allow a 5% increase in per -pull
charges as well as a fuel surcharge.
Supervisor Alphin moved that the Chairman be authorized to execute
the amendment on behalf of the Board. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich presented the latest draft of the proposed
conservation easement for the Blackwater property and a purchase contract to
allow for the recovery of $947,000 from the original $3 million purchase
price.
Supervisor Darden moved that the Chairman be authorized to sign the
Purchase Contract and all other documents necessary to effectuate the
placement of a conservation easement on the Blackwater property. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
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Book 29, Page 297
County Attorney Popovich advised that the case of Hill v. Fairfax
County School Board has been decided in the School Board's favor and in
favor of localities.
County Attorney Popovich advised that the case of Livingston v.
Virginia Department of Transportation relative to who is responsible for the
maintenance of drainage easements, the Virginia Supreme Court has held that
such an event can support an inverse condemnation claim and that the
plaintiffs' allegations that their homes and various items of personal property
were damaged for a public use and are sufficient to require the payment of
just compensation. He advised that it will continue to be his legal advice that
the County never agree to any responsibility for drainage easements in order
to prevent the County from incurring such a liability.
County Attorney Popovich presented a Fiscal Year 2012 -13
Appropriation Resolution to effectuate the County's Operating Budget and
School Budget.
Supervisor Alphin moved that the following Resolution be adopted:
FISCAL YEAR 2012 -13 APPROPRIATION RESOLUTION
WHEREAS, on May 17, 2012, the Isle of Wight County Board of
Supervisors formally adopted the Isle of Wight School Division budget, in
the sum of $59,012,339, and by motion appropriated said funds to the Isle of
Wight County School Division; and
WHEREAS, on May 17, 2012, the Isle of Wight County Board of
Supervisors adopted the Isle of Wight County Operating Budget in the sum
of $94,460,625; and
WHEREAS, the Article VII, Section 7 of the Constitution of Virginia
requires that a formal appropriation of funds be made by the governing body
in order to effectuate the adopted budgets.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors, in accordance with Article VII, Section 7 of the
Constitution of Virginia that lump sum appropriations are hereby made on an
annual basis for fiscal year beginning July 1, 2012, through June 30, 2013,
for separate items, categories, functions and purposes in the budgets adopted
by the Board of Supervisors on May 17, 2012 in the sum of $94,460,625 for
County operating expenses, of which $59,012,339 is to be appropriated to the
School Board; and
BE IT FURTHER RESOLVED, that all proceeds received for the fiscal
year beginning July 1, 2012 from the County general tax rate levies, from
other local revenue, from Federal and State funds and supplements and from
all other fiends and sources for general County functions and purposes,
Book 29, Page 298
including public schools and public welfare, be credited to the General
Revenue Fund of this County, and, when and if appropriated by the Board of
Supervisors of this County, shall be used for such functions and purposes and
to defray the charges and expenses of said County and all necessary charges
incident to or arising from the execution of the lawful authorization of the
Board of Supervisors of this County; and
BE IT FURTHER RESOLVED, that the County Administrator is
hereby authorized to make all expenditures in payment of all line items in the
budget at any time during the fiscal year in any amounts so long as those
amounts are not greater than the amounts available in the fiend for such item
or category and the County Administrator is hereby authorized to make line
item transfers within categories and from category to category so long as the
transfers of line items are within the budget and do not exceed the fields
available for such purpose; and
BE IT FURTHER RESOLVED, that all encumbered fiends which are
earmarked, which are not expended during the current fiscal year, will be
carried over as encumbered fiends for the ensuing years unless the
encumbrances are removed by action of the Board of Supervisors; and
BE IT FURTHER RESOLVED, that the Treasurer of Isle of Wight
County is hereby authorized and directed to transfer to the indicated
appropriate "funds" in the aforesaid budget estimates from the General
Revenue Fund, from time to time, as monies become available, sums equal to
but not in excess of the appropriation herein made to such "funds ", for the
functions and purposes therein indicated from the General Revenue Fund for
the period covered by this appropriation ordinance; and
BE IT FURTHER RESOLVED, that the Treasurer of Isle of Wight
County is hereby authorized to honor and pay all warrants and to pay out
funds from the various "funds" indicated in said budget estimates for any
contemplated expenditure for which fiends have been made available and
appropriated for such contemplated expenditures; and
BE IT FURTHER RESOLVED, that this Resolution be entered in the
Minutes of this Board of Supervisors and that a copy thereof by the Cleric of
this Board, be furnished to the Treasurer of this County.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich advised that he had four (4) matters to
discuss with the Board members later during closed meeting.
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Book 29, Page 299
Chairman Casteen called for the Parks and Recreation report.
Marls W. Furlo, Director of Parks and Recreation, presented a request
by the Smithfield Ruritan Club for the Board's consideration.
Chairman Casteen moved that Parks and Recreation staff be authorized
to install a bench at the entrance to Paul D. Camp's Smithfield Center in
memory of Mr. William C. Johnston. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Mr. Furlo presented a request to reclassify a Parks and Grounds
Attendant for the Board's consideration.
Supervisor Darden moved that staff be authorized to reclassify the part -
time Parks and Grounds Attendant to full time. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Mr. Furlo presented a request to hire two (2) Site Supervisors for the
Board's consideration.
Supervisor Hall moved that staff be authorized to advertise and hire
two (2) part -time Site Supervisors. The motion was adopted by a vote of (5-
0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor
of the motion and no Supervisors voting against the motion.
H
Chairman Casteen called for the General Services report.
Eddie P. Wrightson, Director of General Services advised the Board
that Marvin Pulley, Jr. has announced his retirement as a Lead Maintenance
Worker in the Building Maintenance Division of General Services effective
June 30, 2012.
Mr. Wrightson advised the Board that Troy L. Robinson has announced
his retirement from a Maintenance Worker II in the Building Maintenance
Division of General Services effective August 31, 2012.
Mr. Wrightson advised the Board that Chuck Scott, Carrollton
Convenience Center Attendant, has been acknowledged by Fred Glanville for
his exceptional work performance.
Mr. Wrightson briefed the Board on potable water and sewer service
for the proposed Isle of Wight rescue facility on Great Spring Road. He
advised that the Building, Grounds and Transportation Committee and the
Chief for the Rescue Squad have agreed on $500,000+ in building cost
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Book 29, Page 300
reduction items and the current schedule is advertised for receipt of bids in
the fall of 2012. He further advised that a potential budget increase has been
discovered on the civil engineering /site work portion of the project with
respect to the original plan to serve the facility with an on -site water well and
septic system. He advised that staff has contacted the Town of Smithfield
with respect to the possibility of connecting to the Town's water and sewer
system infrastructure located in Cypress Creek. He advised that an initial
exploratory discussion for obtaining an easement from the Cypress Creek
Golf Club has also occurred.
Chairman Casteen moved that the connection to the Town of
Smithfield's water and sewer system be referred to the Smithfield
Intergovernmental Relations Committee. The motion was adopted by a vote
of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Mr. Wrightson addressed the Board regarding a Deed and Agreement
dated September, 1984 between the Town of Smithfield and the County
containing certain stipulations for ingress and egress from the Isle of Wight
Rescue facility. He advised that the document also describes a process by
which the facility would revert to the Town at such time as the facility ceases
to be used and occupied by the Isle of Wight Rescue Squad. He advised that
the Public Utility Division of General Services has a need for interior storage
space of equipment and material which could be met in the existing Rescue
Squad building.
Supervisor Bailey moved that the discussion of continued County use
of the Isle of Wight Rescue facility be referred to the Smithfield
Intergovernmental Relations Committee. The motion was adopted by a vote
of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Mr. Wrightson reported on the most recent meeting of the Building,
Grounds and Transportation Committee meeting held on June 21, 2012 in
which the proposed Georgie D. Tyler Middle School was discussed with
respect to its sanitary sewer pump station and the repurposing of the existing
school's gym. He advised that contained in the agenda are recommendations
of the Building, Grounds and Transportation Committee for the Board's
consideration.
Supervisor Darden moved that staff be directed to pursue the following
recommendations of the Building, Grounds and Transportation Committee:
Pump station should be included in the cost of the school's base
bid
School's bid should incorporate an add /deduct alternate to
demolish the old school gyro
Book 29, Page 301
Clarify with the Schools that the County will participate only up
to one -half of the pump station cost, which was originally
estimated not to exceed $500,000
Hold discussions with the Town of Windsor concerning
ownership, operation and maintenance of the old gym by the
Town
Incorporate adding air conditioning to the old gym as part of the
exterior renovations alternate
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Casteen called for the Tourism report.
Judy H. Winslow, Director of Tourism, requested authorization to hire
a part -time replacement employee for the Historic Resources Division.
Chairman Casteen moved that Human Resources' staff be authorized to
fill the requested position immediately. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Darden acknowledged Tourism Department staff for job
well done on behalf of the County.
Chairman Casteen called for the County Administrator's report.
David Rose, Davenport & Company, briefed the Board on bond
refinancing opportunities for the County. He advised that the Board was
provided a financial review in February 2012 and had discussed the need to
permanently refinance several outstanding notes in the amount of $14.1
million which are primarily utility- related. He stated due to low interest
rates, he is recommending combining these outstanding notes into one (1)
issuance at a twenty (20) to twenty -five (25) year fixed -rate permanent -
financing. He stated the County's Capital Improvements Plan reflects
approximately $15.4 million to be borrowed in FY2013/14 and $8.7 million
in FY 2015/16. He advised that approximately $20 million in outstanding
debt has been identified for refinancing at a lower interest rate which can
result in an overall savings of $2.5 million and $175,000 of reduced
payments in FY2013. He requested the Board's feedback regarding a public
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Book 29, Page 302
hearing at the Board's August 16, 2012 for new money needs. He advised
that following such public hearing, Davenport & Company could go to the
market during the latter part of August and lock in the interest rates with a
closing in September 2012.
Supervisor Bailey moved that the County move forward with the
permanent financing of the Bond Anticipation Notes, which are sensitive to
interest rate movements, as well as the refinancing for savings as identified.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen declared a break and at 7:00 p.m., Chairman Casteen
called for a public hearing on the following:
A. The application of Smithfield Elks Lodge No. 65,
owner /applicant, to renew CUP -02 -04 to allow for the
construction of a Club for a meeting place to hold Elks' functions
and community activities on four (4) acres of land zoned Rural
Agricultural Conservation (RAC) located on the west side of
Blount's Corner Road (Rt. 674) east of Old Stage Highway (Rt.
10) in the Hardy Election District.
Matt Smolnik, Assistant Director of Planning and Zoning, advised that
the Planning Commission motion to forward this application to the Board of
Supervisors with no recommendation was adopted by a vote of (8 -2) with the
following conditions:
1. The property shall be used by the Smithfield Elks Lodge No. 65
and special events approved by that organization only. Any
change in ownership or operation of the facility will void this
Conditional Use Permit;
2. The number of occupants during normal operations and special
events shall be limited to no more than three hundred (300)
people, or such lesser number as may be established by the
County Building Official;
3. Activities shall be prohibited after 10:00 pm Sunday through
Thursday and after 12:00 midnight on Friday night and Saturday
night;
4. All operations, including special events, shall comply with the
requirements of the Virginia Department of Alcohol Beverage
Control. No alcohol shall be served or consumed on the property
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Book 29, Page 303
between the hours of 8:00 am and 5:00 pm during the operation
of Hardy Elementary School;
5. Prior to all special events not specifically sponsored by the
Smithfield Elks Lodge, a meeting with the Sheriff of Isle of
Wight County, or their designee, shall occur to give the following
information:
a. applicant's name, address and all contact information;
b. Whether or not alcohol will be served and a copy of their
permit;
C. Number of guests expected for the event and whether- or
not a monetary fee will be required to attend the event; and,
d. Detailed plans for security for all special events not
specifically sponsored by the Smithfield Elks Lodge.
6. The applicant referenced in Condition 6.a above shall remain on
the property throughout the duration of an event not specifically
sponsored by the Smithfield Elks Lodge. The applicant and /or the
organization they represent shall be held responsible for the
behavior of all individuals attending an event not specifically
sponsored by the Smithfield Elks Lodge;
7. The gross square footage of the building constructed on the
property shall not exceed 3,000 square feet in size;
8. In addition to the parking required for regular use in accordance
with the Zoning Ordinance, additional off - street parking shall be
provided on the property at a ratio of one (1) parking space for
every two (2) occupants, up to a maximum of one hundred fifty
(150) parking spaces. Such overflow parking areas shall be
designed and constructed with a sufficient base to support the
intended use, but shall otherwise remain in grass or other
permeable surfaces acceptable to the Zoning Administrator. The
overflow parking area shall meet all landscaping requirements of
the Zoning Ordinance. Access to the overflow parking area(s)
shall be solely through improved access points approved by the
Virginia Department of Transportation and Isle of Wight County;
9. Parking within the public right -of -way in conjunction with the
operation of the facility constructed on the property shall be
prohibited;
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Book 29, Page 304
10. All parking lot and site lighting, other than essential security
lighting, shall be full cut -off fixtures. All site lighting shall not
exceed 0.25 foot - candles at the property lines;
11. A landscaped vegetative buffer of not less than twenty -five (25)
feet in width shall be provided adjacent to the property line with
Hardy Elementary School and the adjoining property owners to
the north and south of the property. Landscaping, as approved by
the Director of Planning & Zoning shall consist of a minimum of
one hundred twenty (120) points as determined by the Zoning
Ordinance for every five hundred (500) square feet of this buffer
area;
12. Signage on the property shall be limited to one (1) monument
sign no greater than sixteen (16) square feet in size. Lighting of
the sign shall be limited to external lighting sources and shall be
shut off when the facility on the property is not in use;
13. The building shall be designed and constructed with an emphasis
on containing sound to the interior of the structure and
minimizing any noise or sound from leaving the property. This
shall be accomplished by designing and constructing the building
to meet a Sound Transmission Class (STC) of 65 or better in
accordance with ASTM 90. Certification by a qualified acoustical
specialist that this standard has been met shall be submitted for
review and approval by the County prior to the issuance of any
Occupancy Permit. Any costs associated with the certification
shall be paid by the Smithfield Elks Lodge;
14. Outdoor amplification of music or any other type of
entertainment shall be prohibited; and,
15. Failure to fully comply with any of the above mentioned
requirements shall be grounds for revocation of the Conditional
Use Permit by the Board of Supervisors.
Mr. Smolnik advised that he had received letters from J. Ray Barlow,
Jr. and Shirley K. Barlow of 17196 Mount Castle Lane, Smithfield and
Jacqueline L. Bright of 17237 Days Point Road, Smithfield, just prior to the
meeting and had placed copies of same at the Board members' seats.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed application.
William Riddick, Attorney representing the Smithfield Elks Lodge No.
65, stated the Elks Lodge is 102 years old and once was located in Smithfield
and sold. He stated the Elks had purchased property in 1994 and, at a time, a
Conditional Use Permit (CUP) was not a requirement. He advised an
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Book 29, Page 305
application was then made to the Board of Supervisors in 2004 because the
County's ordinance changed necessitating a CUP and the Board had
approved the CUP with a number of conditions outlined in the Board's
agenda. He stated the Elks members did not understand at that time that the
CUP would expire after two (2) years. He stated since 2004, nothing has
changed with the exception that the Elks have agreed to a smaller building
and they are requesting this Board to come to the same conclusion that the
previous Board came to in 2004 and grant the CUP. He stated the Board
recently granted a permit for the BFW in Carrsville and the County has a
long tradition of having facilities such as the proposed for use as civic and
public purposes such as the Smithfield American Legion, the Carrollton
Ruritan Club, Carrsville Ruritan Club, Isle of Wight Ruritan Club, Rescue
and Battery Park, BFW Post 8545, Walters Ruritan Club, Windsor Masonic
Lodge, Windsor Ruritan Club and the Zuni Ruritan Club, all of which are
used frequently and for all different types of uses. He distributed renderings
of the proposed facility and a revised floor plan, commenting that the facility
will be an asset to the County. He advised that no other facility in the County
has had any conditions imposed on it. He stated the Elks Lodge members are
willing to live by the conditions unposed and they will be investing a great
deal of their own money in building a nice facility which can be used and
enjoyed by both them and the community. He stated if they do not abide by
the conditions imposed, they will risk losing their financial investment. He
stated much opposition was expressed to the initial application and this Board
will hear the same argument about this area not being able to handle the
traffic. He stated the traffic will be infrequent and the noise, the ABC permit,
the school and the hours of operation are all addressed in the CUP. He stated
it has never been proven that this facility will reduce property values or that
there will be a problem with litter. He asked that the Board treat this
organization the same as it has other civic organizations and allow them to
operate in the same fashion as others. He requested an opportunity at the
conclusion of the public hearing to rebut.
Miles A. Blount, II, 9130 Blount's Corner Road, stated that while this
Board is not the same Board who granted approval of the initial CUP,
nothing has changed. He stated the Elks Lodge wants to be nestled in the
midst of a community of homes, school and a church with a small access road
on the other side. He stated this is not a racial issue and he has no problem
with any of the Elk's members. He stated that tonight's decision is as much
about a community's way of life as it is about the organization's desire to
have a nice lodge. He stated the application has come before the Planning
Commission several times and failed to pass. He stated the School Board and
Sheriff's Department have expressed opposition to the project and the
community presented the Planning Commission with petitions, letters of
opposition and cards in excess of 400 individuals who are in opposition to
the application. He stated it is time to take a look at the criteria set forth by
the Planning Commission to determine if it is sufficient to maintain the
present structure of the community in which this facility may be located. He
stated this is not a ruritan club, as it has to be profitable and the Elks have
16
Book 25, Page 306
failed to adequately convince the Planning Commission on numerous
occasions that it can coexist in this community. He stated this is not the
proper location for a facility of this type.
Al Williams, Hardy District, advised that he travels Blount's Corner
Road daily to get to his residence. He stated facilities in other areas that have
been rented out to private individuals have had trouble, specifically with
shootings. He expressed concern with the speed limit on Blount's Corner
Road, which is narrow in width, and he commented that the Route 10
Business and Blount's Corner Road intersection is dangerous.
Herman Jones, 8500 Blount's Corner Road, stated that the property
was purchased in 1983 with the intent of building the proposed facility. He
stated at the time the property was purchased, a Conditional Use Permit
(CUP) was not required, but that requirement changed and approval of a CUP
was sought and granted; however, the Elks were not aware that the CUP
would expire in two (2) years. He stated Elks are law - abiding citizens who
have done great things for the community. He stated that while the Elks only
have a few members at this present time, they wish to increase their
membership with good people and return to doing great things for the
community as done in the past.
Mr. Curtis, 17432 Days Point Road, expressed concern with the
potential problems associated with facilities when rented out; the narrowness
of the roadway and the problems which can occur when alcohol is served.
He spoke in favor of maintaining the current integrity of the residential area.
He stated he did not move into a residential area so that he could be near a
clubhouse and he requested the Board to deny the application.
Juliette Carnell, 17210 Days Point Road, expressed concern with the
facility being rented out, its close proximity to Hardy Elementary School and
surrounding neighborhoods; and, alcohol being permitted on the property.
Jan Baker, 17111 Days Point Road, spoke in opposition to the
proposed facility being located in an existing quiet residential neighborhood
and to alcoholic beverages being served.
Melissa Pierce, 9212 Blounts Corner Road, spoke in favor of the
application. She stated Hardy Elementary School will not be affected as all
functions at the proposed facility will be held after school hours. She stated
that she did not anticipate a problem with traffic as there has only been one
(1) accident there over the last ten (10) years.
Lee Shaw, 18016 Days Point Road, advised that there have been four
(4) accidents on Days Point Road, some with major injuries and involving
excessive speeds. He expressed concern with the club not being compatible
with the surrounding residential neighborhood.
17
Book 29', Page 307
Barrett Black, Jr., 9284 Blounts Corner Road, spoke in favor of the
application. He stated the Elks are role models and there would be no reason
for anyone to use Days Point Road as the proposed facility would be located
on Blount's Corner Road.
Dennis Blair, 17155 Days Point Road, expressed concern with the
rental of the facility and its potential for noise and alcohol - related incidents.
Jeff McFather, 17288 Days Point Road, stated no one is against the Elk
members, but rather to the location of the facility, which is a club that will be
rented out when not in use by the Elks. He stated the Elks Lodge is a
commercial business which is being proposed in a residential neighborhood
and the Elks have a long tradition of being a social club, as opposed to some
of the other organizations that are more service oriented.
Theron Blount, Sr., 9074 Blounts Corner Road, stated that the property
owners on Days Point Road who are speaking in opposition have received
incorrect information. He stated these homeowners will not be able to see or
hear anything from the proposed facility due to the existing woods. He stated
the people who attend the church in that area are in favor of the facility, as
well as residents of Thomas Park and Orchard Garden. He stated this facility
could be also used as a place to pass out supplies during an emergency. He
stated members of the church and Boy Scouts used the Elk's Lodge when it
was located in Smithfield and the Elks members are getting a bad reputation.
Howard Cluster, 17304 Days Point Road, spoke in opposition to the
application noting that it would cause property values in the surrounding area
to decrease. He stated the noise that would be created is not acceptable.
Cheryl Blount, Mount Castle Lane, expressed concern with ditches and
hazardous traffic in that area.
Richard Gromlich, 9111 Blounts Corner Road, expressed concern with
increased noise, parties and close proximity to Hardy Elementary School. He
stated there have been four (4) fatalities at the corner of Blount's Corner and
Old Stage Highway.
John Harmon, 9242 Blounts Corner Road, stated that he has an autistic
son who is noise sensitive. He stated he has concerns about strangers and
increased foot traffic on Blount's Corner Road. He stated this area is quite in
nature and he wants it to remain that way.
Pinky Hipp, 17271 Morgart's Beach Road, stated that noise is a major
problem in that area and the proposed facility would be detrimental to its
existing way of life. She stated most are in opposition because of the renting
of the facility, but the existing roadway is also narrow in width and will not
allow anyone to pass.
99
Book 29, Page 308
Miles Blount, Sr., 9146 Blounts Corner Road, advised that his property
is located next door and he would be most affected by any negative impacts.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Hall commented that Blount's Corner Road is very narrow
and dangerous and increased traffic would pose a concern for the facility
which is being proposed in a residential neighborhood. She stated that the
Elks Lodge is a business and the concerns expressed seem to be valid. She
stated that the Sheriff has expressed concerns about the Elks Lodge when it
was in Smithfield with respect to uninvited guests and it has developed a bad
reputation as a result.
Attorney Riddick stated that the Sheriff, when he was the Police Chief
in the Town of Smithfield, acknowledged in his letter that the procedure
developed to deal with people who use the Elks Lodge in Smithfield is the
same procedure that has been adopted in the Conditional Use Permit and it is
inaccurate for other people to say that the Sheriff is opposed to the
application. He stated the Elks Club is a civic organization like all other
civic organizations and everyone says they don't oppose the Elks and that
they want them to have a place, but just not in their back yard. He stated the
Elks members have agreed to be more accommodating than they were in
2004. He stated there are conditions imposed by the Board to deal with the
hours of operation and alcohol cannot be served while school is in session.
He stated the hours are limited and everyone says they cannot control who is
going to be there. He stated the same kind of people will be there as at the
ruritans and all the other facilities, which are our friends, neighbors and
citizens of the County. He stated it is wrong to characterize it other than
anything but the people that we live with and are from our community. He
stated it is a positive for people in that area of the County to have a gathering
place. He stated there is a condition in the Conditional Use Permit that there
must be security for every function that is not an Elk's function and this is the
only facility that has this type of condition. He stated there has been a great
deal of misinformation disseminated about this application. He stated they
have the strictest standards imposed on theirs by the Conditional Use Permit
to ensure that they are not noise offensive. He stated all people should be
treated consistently and fairly. He stated this community is not any different
than any other community that has a community house. He stated it is not a
problem and never has been.
Supervisor Hall moved that the application be denied. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
19
Book 29, Page 309
Chairman Casteen declared a recess.
The Board returned to open meeting.
Chairman Casteen called for a public hearing on the following:
B. Hunting Lease to the Isle of Wight Hunt Club
County Attorney Popovich certified that the matter had been properly
advertised for public hearing.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed hunting lease.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Darden moved that the hunting lease with the Isle of Wight
Hunt Club be approved and that the Chairman be authorized to sign it on
behalf of the Board. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin 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 Chapter 16.1. Water. Section
16.1 -2.1. Authority of Department of Public Utilities to Furnish,
Install and Maintain Meters; Section 16.1 -8., Imposed; When
Effective; Section 16.1 -9. Amounts- Generally; Section 16.1 -15.
Charges Generally; Section 16.1 -26. Restriction on
Interconnections with the County's Utility Systems; Cross -
Connection Control Program.
County Attorney Popovich certified that the proposed Ordinance
amendment has been properly advertised for public hearing.
Chairman Casteen called for
opposition to the proposed Ordinance.
No one appeared and spoke.
persons to speak in favor of or in
Chairman Casteen closed the public hearing and called for comments
from the Board.
20
Book 29, Page 310
Supervisor Bailey moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE
BY AMENDING AND REENACTING CERTAIN DESIGNATED
SECTIONS OF
CHAPTER 16.1. WATER. ARTICLE I. IN GENERAL; ARTICLE II.
METERS; ARTICLE III. BILLINGS; ARTICLE IV. CONNECTIONS;
ARTICLE V. FIRE PROTECTION; ARTICLE VI. CROSS -
CONNECTION CONTROL PROGRAM; AND ARTICLE VII. WATER
LINE EXTENSIONS AND SYSTEM IMPROVMENTS WITHIN
CURRENTLY DEFINED DEVELOPMENT SERVICE DISTRICTS
AND OTHER DESIGNATED AREAS.
WHEREAS, the Isle of Wight County Board of Supervisors has
determined that it is necessary and appropriate to make certain technical
revisions to the water ordinance and to modify the water rates for Isle of
Wight County Code.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
Water. Article I. In General. Sections 16.1 -1 through 16.1 -2.1 are hereby
amended and reenacted as follows:
Article I. In General.
Sec. 16.1 -1. - Definitions.
Unless the context specifically indicates otherwise, the meanings of
terms used in this chapter shall be as follows:
Building or dwelling unit.
(1) Any single - family residential structure; or
(2) Any combination of structures owned by one person, or
jointly by a number of persons as co- tenants, joint tenants or tenants -
by- the - entities and occupied as a residence; or
(3) Each separately owned, leased or occupied part of structures
physically connected in a series, whether the series be vertical or
horizontal, such as row houses, townhouses, duplex houses, twin
houses, condominiums, row or stores or physically connected
commercial or industrial structures, etc., or
(4) Each apartment in, or each separately leased or occupied part
of or to be separately leased or occupied part of any multiple
occupancy structure; or
21
Book 29, Page 311
(5) Any single and separate structure owned by one person or
jointly by a number of persons as co- tenants, joint tenants or tenants -
by- the - entities and used by the owner or single lessee or occupant
thereof, only for agricultural, commercial, governmental or industrial
purposes. The County reserves the right to determine itself the
classification and use of any structure.
Consumer or customer. The person legally or equitably responsible for
the payment of charges for water services rendered by the County.
Development. Went. The improvement of zoned residential, commercial,
industrial or public property in accordance with County land use,
comprehensive and facilities planning.
Equivalent dwelling unit (EDU). The conversion, with respect to water
consumption of multi- residential connectors into their residential equivalents
on the basis of water use established for a living unit consisting of three and
five- tenths persons.
Improved property. Any property within the County upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which sanitary
sewage or industrial wastes shall be or may be discharged.
New premises, building or dwellin Lg_ rnit. Any premises, building or
dwelling unit constructed on property abutting a County water main
provided, however, that such construction occurs after the installation of such
water main.
Official connection notice. A notice, in letter form, sent by certified
mail, return receipt requested, from the County to the owner of premises,
buildings or dwelling units abutting a County water main giving notice to the
owner- that the water main is available for connection thereto.
Owner. Any person vested with ownership, legal or equitable, sole or
partial, of any property located in the County.
Parcel. An individual piece of real property, as formally set forth in a
conveyance of real property, together with the boundaries thereof, as properly
recorded in the Isle of Wight County Circuit Court Clerk's Office.
Plumbing The most current edition of the International Code
Council, Inc. International Plumbing Code as it constitutes a part of the
Virginia Uniform Statewide Building Code.
Premises. A building under one roof owned by one or more parties and
occupied as one residence or business, or a combination of buildings owned
22
Book 29, Page 312
by one or more parties in one common enclosure and occupied by one family
or business, or each division of a double or tenant house having a vertical
partition or wall, or a building of more than one apartment and having one or
more entrances, or a building having a number of apartments or offices or
both and having one or more entrances. (11- 21 -96; 1- 16 -03; 5- 21 -09; Ord.
No. 2010 -6 -C, 3- 24 -10.)
Sec. 16.1 -2. - Additional rules and regulations.
The County is responsible for the operation and maintenance of the
water system p to and including the water meter. All service lines beyond the
meter are the responsibility of the owner of the parcel. The County reserves
the right to adopt, from time to time, such additional rules and regulations as
it shall deem necessary and proper in connection with use and operation and
maintenance of the water system, which rules and regulations shall become
effective as though set forth in this chapter. (5- 21 -09.)
Sec. 16.1 -2.1. - Authority of Department of General Services to enter
contracts for water- service; agreement.
(a) The Board of Supervisors or their designated representatives
shall have authority to execute on behalf of the County any contracts for
water service as herein provided:
(b) The Board of Supervisors or their designated representative is
hereby authorized to enter into agreements on behalf of the County where
unusual or complex situations exist that are not covered in this chapter. (5-
21-09.)
(c) The Director of General Services is authorized to enter into water
service agreements and execute water service contracts on behalf of the
County subject to review and approval by the County Attorney and which are
consistent with County policy and procurement requirements.
NOW, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
Water. Article II. Meters. Division 1. Generally. Sections 16.1 -3 through
16.1 -6 are hereby amended and reenacted as follows:
Article II. Meters.
Division 1. Generally.
Sec. 16.1- 3.Number of meters permitted per premises.
Only one meter shall be allowed for each parcel and only one such
parcel can be supplied through one meter, unless, in the judgment of the
County, multiple meters will afford better services. (5- 21 -09).
191
Book 29, Page 313
Sec. 16.1-4. Calculation of charges for premises served by more than one
meter.
If any water consumer is supplied by more than one meter, each meter
shall be considered as a separate service for meter service charges for water.
(5- 21 -09).
Sec. 16.1- 5.Separate meters required.
Where more than one parcel is supplied with water by means of a
single meter without County authorization, this condition shall be remedied
promptly and each parcel shall be connected with a separate meter,
connection and service pipe at the owner's expense. (5- 21 -09).
Sec. 16.1 -6. - County to furnish, install and maintain meters.
Upon payment of the connection fee, the County will furnish and
install meters for new residential water customers that do not exceed a three -
quarter inch (3 /a ") meter size at no additional cost to the owner of the
improved property. The County will furnish, and install, meters for all other
new water customers at the expense of the owner of the improved property.
The County is responsible for maintenance and reading of all water meters.
NOW, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
Water. Division 2. Rates. Sections 16.1 -8 and 16.1 -9 are hereby amended and
reenacted as follows:
Division 2. Service Charges.
Sec. 16.1 -8. - Imposed; when effective.
Meter service charges for water passing through meters are hereby
imposed upon and shall be collected on a regularly scheduled basis from the
owner or tenant of each improved property connected to the water system.
Such charges shall be effective as of the date of meter installation of each
improved property for meter installation, maintenance, repair and reading. (5-
21 -09.)
Sec. 16.1 -9. - Amounts — Generally.
Meter service charges shall be determined on the following basis:
(a) Except as otherwise provided in this chapter, meter service
charges shall be based on the volume of water used as measured by meters
installed and maintained by the County;
(b) Meter service charges for water passing through meters are
hereby imposed upon and shall be collected on a regularly scheduled basis
24
Book 29, Page 314
from the owner or tenant of each improved property connected to the County
water systems. Such charges shall be as follows: Meter service charges shall
be in accordance with Table 16.1 -9 below. The County reserves the right
from time to time to amend the service charges in order to insure that the
utility system remains self - sustaining.
Table 16.1.9
BI- MONTHLY SERVICE CHARGES
CHARGES
Meter Size:
Up to and including 3/4"
$25.50
1"
$84.00
1' /2"
$95.00
2"
$129.00
4"
$129.00
Unmetered Water Service
$70.00
Per 1,000 Gallon Metered Usage:
0- 50,000 gallons (included in flat fee)
$6.65
Over 50,000 gallons
$5.75
Master Meter:
Same rates as illustrated above.
NOW, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
Water. Article III. Billings. Sections 16.1 -11 and 12 are hereby amended and
reenacted as follows:
Article III. Billings.
Sec. 16.1 -11. - Generally.
(a) All accounts shall be billed on a cycle of not more than sixty days.
Bills for water supplied, including charges for sewage disposal service and
utility taxes based thereon, if any, are due and payable upon the date set forth
therein. Late fees and interest will be assessed commencing the next business
day after the due date as indicated on the bill. Disconnection notices shall be
mailed the day after the due date set forth on the bill and disconnection
services will be scheduled by the department of general services. Such
disconnection of service shall occur if payment, along with any applicable
late fees and interest, is not received within ten days from the date of such
disconnection notice. Upon payment of all utility charges, service
reconnection will be made within twenty -four hours of disconnection,
between the hours of 8:30 a.m. and 4:00 p.m. of the next business day, except
in emergency situations and /or severe weather conditions, which may delay
such reconnection. If payment is not received within the ten -day period, the
25
Book 29 , Page 315
County shall apply any deposits currently being held to the outstanding
balance due and discontinue water service until payment of all outstanding
balances, disconnect fee and a new deposit are paid in full.
(b) Payment of such bills shall be made at any office or collection
agencies or agencies established by the County for that purpose on the days
and during the hours thereof such office or collection agencies are open for
business. Payment of such bills at collection agencies and regulations and
accounting procedures pertaining thereto shall be as prescribed by the
County.
(c) All water for which a charge is made under this section passing
through a meter shall be charged for whether used, consumed or wasted;
provided, however, that where underground or inside leaks, or both, occur in
water pipes, and the owner or occupant of such premises or the consumer
thereof, after receiving written notice of excess consumption, shall have all
necessary repairs made promptly, shall furnish the County with a plumber's
letter certifying that the repairs have been made and the date completed, and
shall have repairs inspected and approved by utility personnel. The County
may make credit to such owner, occupant or consumer of the total charge in
excess of the average bill for the premises as may be deemed reasonable. A
maximum of fifty percent credit on excess charges based on the previous six -
month's average may be allowed. Only one adjustment credit may be allowed
for the same premises within six (6) consecutive months.
(d) In the event of any billing error discovered, corrections may be
made for the previous thirty- six -month billing period, at the discretion of the
County Treasurer or Director of General Services.
(e) Should any customer obstruct the ability of utility personnel to read
meters or disconnect service said customer shall be responsible for all cost
associated to perform task. (11- 21 -96; 1- 16 -03; Ord. No. 2010 -6 -C, 3- 24 -10.)
Sec. 16.1 -12. - Service disconnection.
(a) When water service to any premises has been disconnected by the
County, for any reason, water service shall be reconnected only by an
authorized representative of the County. If water service is disconnected for
nonpayment of a County utility billing as provided in Section 16.1.11, then a
seventy - dollar ($75.00) penalty shall apply for each disconnection in addition
to the payment of the outstanding water bill any outstanding late charges and
interest by the customer to the County, and the water service customer shall
pay a deposit, as specified in Section 16.1 -17. If water service to any location
is reconnected without express authorization by the County, in addition to
any legal remedy which the County may pursue for such illegal reconnection,
then an additional seventy dollar ($70.00) fee for a line inspection shall
apply. The payment of said line inspection fee shall be in addition to any fine
or settlement secured as a result of any such legal action. All costs to repair
26
Book 29 , Page 316
any damage as a result of the illegal connection shall be the responsibility of
the customer.
(b) Such fees and penalties shall not apply to any disconnections made
for line maintenance or at the request of the customer. (11- 21 -96; 1- 16 -03;
Ord. No. 2010 -6 -C, 3- 24 -10.)
NOW, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
Water. Article IV. Connections. Section 16.1 -13 and Sections 16.1 -15
through 18 and 16.1 -20 and 21 are hereby amended and reenacted as follows:
Sec. 16.1 -13. - When required.
All new premises, building or dwelling units where water service is
available shall connect to such main. All other existing premises, buildings or
dwelling units where water service is available shall connect to such main
within one year of receipt of official connection notice, unless specifically
otherwise provided for in this chapter. Where service becomes available by
virtue of extending the County system to serve other subdivisions or
neighborhoods, connection to such main shall not be mandatory. Water is
deemed to be available to the property to be connected if service can be
provided without unreasonable cost or unusual construction techniques.
Availability of water may be declared by the Director of General Services
based on costs to provide service, construction techniques or other unusual
conditions. Any existing premises, building or dwelling units that request
sewer service where water service is deemed available shall connect to such
water main. (5- 21 -09.)
Sec. 16.1 -15. - Charges generally.
(a) Prior to the connection of any premises, building or dwelling unit
to a County water main, the applicant shall pay a connection fee. Except as
provided herein, the following connection and tap fees shall apply:
CONNECTION CHARGES:
Meter Size:
r-
5 /8..
1, /"
2"
Master Meter:
$4,000.00
$6,300.00
$9,900.00
$15,200.00
i
J
Multi - residential facilities (duplex, :Same Same charges as illustrated above for
apartment, etc.) i first unit PLUS $3,200 per equivalent
dwelling unit (EDU)
Hotel, motel, hospital, etc. Same charges as illustrated above for
27
Book 29, Page 317
first unit PLUS number of units
divided by 5, times a fee of $3,200.00
Commercial, industrial and institutional served by single meter:
Meter Siz
1"
211
311
411
7,850.00
12,600.00
')241,000.00
')38,000.00
')68,000.00
)114,000.00
The connection charges shall be determined by the meter size for domestic
use only. When the size of the connection exceeds the sizes set forth above,
the applicant shall be required to pay an installation /connection fee as
determined by the County.
(b) For new developments in which the required water system and
related appurtenances have been installed by the owner /developer and in
which the ownership of the water system and related appurtenances has been
conveyed to the County, up to and including two -inch, the owner /developer
shall provide to the County the required number of water meters at the
appropriate sizes and types specified by the County for future installation by
the County. Such meters shall be delivered to a location designated by the
County. For all such connections above two inches, the meter shall be
installed by the developer, pursuant to County specifications. Upon
completion of the installation, the developer shall notify the County for
inspection and activation of the meter.
(c) When application for service, including payment of connection
fees, for existing single - family residential services is made within ninety days
after receipt of official County connection notice, the connection fees due
will be reduced to one -half of the amounts in subsection (a) of this section, or
as otherwise approved by the Director of General Services.
(d) When the application for residential connection is made within
ninety days of receipt of the official County connection notice, the applicant
may pay the connection fees at a rate of twenty percent (minimum) down,
paid at the time of making application and the remainder to be due and
payable in equal bimonthly payments over a two -year period, together with
interest thereon at the rate of eight percent per annum. Application for
installment payments shall only apply to residential connections and must be
made during the initial ninety -day period. Installment payments due shall
constitute a lien against the property. Surety shall be in a form acceptable to
the County Attorney. A contract for payment of the connection fee on an
installment basis must be signed by both the property owner and the County.
Book 29, Page 318
Failure of the property owner to pay the installment when due shall cause the
imposition of a penalty of one and one -half percent per month and the
County may, at its option, upon such failure declare the entire outstanding
balance to be due and payable along with any expenses incurred by the
County in the collection thereof. Failure on the part of the property owner to
pay the installment when due shall also prejudice the property owner's right
to finance any additional connection fees on an installment basis. Upon
execution of the installment contract between the County and the property
owner, the County shall cause the property owner to be billed on a periodic
basis and provide for the collection thereof. Payment by the property owner
must be no less than the amount billed but may be for the frill amount
outstanding. Partial payment for the minimum amount billed will not be
accepted nor will partial payment for any outstanding balance be accepted.
(e) No connection fee shall be required when connection is to be
made to an existing service previously used by another building when no
work is required by the County to ready said service for connection.
(f) Projects served by master meter may be: Single - family, duplexes,
apartments, condominiums, mobile home parks, hotel, motel, travel trailer
complex, hospital, nursing homes, shopping centers, strip malls, etc. (11 -21-
96; 6- 17 -99; 4- 25 -00; 9- 20 -01; 6- 20 -02; 1- 16 -03; Ord. No. 2010 -6 -C, 3 -24-
10.)
(g) Upon payment of the connection fee, the County will install
water line taps and service lines for residential connections that do not exceed
a three - quarter inch (3 /a ") meter size at no cost to the owner of the improved
property to be connected. Charges for water line taps that require the work of
subcontractors to the County will be billed to the owner of the improved
property at the actual cost of service. The owner shall indemnify and save
harmless the County from all loss or damage that may be occasioned, directly
or indirectly, as a result of construction to install the residential water service.
(h) All costs and expenses to install all other water services shall be
borne by the owner of the improved property to be connected and such
owners shall indemnify and save harmless the County from all loss or
damage that may be occasioned, directly or indirectly, as a result of
construction to install the water service.
Sec. 16.1 -16. - Application for connection; County to determine size and
location.
Any person desiring to secure water service shall file a signed
application therefore at the County on the prescribed form, stating the
location and character of the premises for which service is desired. The
owner /applicant shall determine the proper meter size and location of each
new connection. The County shall own and maintain all facilities installed in
making the connection up to and including the meter. (5- 21 -09.)
29
Book 29, Page 319
Sec. 16.1 -17. - Conditions of service.
All customers of water shall be supplied upon the terms of and shall
comply with the following before water is supplied to the premises:
(a) The customer desiring water service shall sign a contract
prepared for that purpose prior to receiving water service. A separate
contract shall be required for each premises;
(b) When a customer executes a contract for initial water service,
or moves water service account from one location to another, a new
account fee of thirty dollars shall be charged for establishing the new
account and turning on the water at the new location, except as
exempted herein;
(c) All customers shall pay a deposit prior to the initiation of
water service, except those as exempted herein. The customer desiring
water service shall deposit with the County an amount equal to the
average bill for that category of water customer for which water service
is being requested, including charges for sewer service and utility taxes
based thereon, if any, for four (4) months. The amount of said deposit
shall be determined administratively, and adjusted from time to time, as
necessary;
(d) The contract and deposit may be transferred by the County
from the location for which it was initially requested to any other
location to which the applicant may move, if within the utility service
area of the County;
(e) A customer may be exempted from the payment of deposit
(Section 16.1- 17(c)) or new account fee (Section 16.1- 17(b)) if the
customer was on a private water system acquired by the County, and
the acquisition included a deposit previously paid by the customer,
which is transferred to the County with the acquisition of the water
system.
(f) Any deposits paid by a water service customer and held by the
County shall be returned, upon request, without interest, after said
deposit has been held by the County for six (6) consecutive billing
cycles provided said account has not been delinquent during this
period. Should the account become delinquent at any time during said
six (6) consecutive billing cycles, the deposit shall be retained by the
County until six (6) consecutive billing cycles have occurred without
any delinquency in payments. Upon the satisfactory completion of the
six (6) consecutive billing cycles said deposits may be credited to the
next bill, provided all outstanding debts have been paid for all County
services and taxes.
IM
Book 29, Page 320
(g) In addition to fees charged for termination of service for
nonpayment, the County may charge an additional administrative fee to
cover cost associated with the collection of accounts.
(h) On a yearly basis, the Isle of Wight County Treasurer's Office
shall prepare a list of accounts deemed to be uncollectible. Said list
shall be reviewed and approved by the finance department and the
County Administrator. Upon approval of the County Administrator
these uncollectible fields shall be administratively written off in
accordance with acceptable accounting methods. (11- 21 -96; 7- 17 -03;
Ord. No. 2010 -6 -C, 3- 24 -10.)
(i) All customers desiring new water service is responsible for
malting certain the plumbing on the private side of the water meter
meets the most current plumbing code.
0) All customers are responsible for their plumbing on the
private side of the water meter including any improvements or
modifications made necessary by connection to the County system or to
accommodate County initiated system changes.
Sec. 16.1 -18. - Liability of County.
The County shall not be liable for any damage resulting from the
bursting of any main, service pipe or cock from the shutting off of water for
repairs, extensions, connections, disconnections or from the accidental failure
of the water supply from any cause whatsoever. In cases of emergency the
County shall have the right to restrict the uses of water in any reasonable
manner for the protection of the County and its water supply. (5- 21 -09.)
Sec. 16.1 -20. - Contract required.
Whenever a service connection with a County water main is requested, the
owner of the property to be connected with such water main, before such
service connection is made, shall be required to sign a contract prepared for
the purpose and kept in the office of the County. A separate contract shall be
required for each premises. The connection fees shall be paid in advance. (5-
21 -09.)
Sec. 16.1 -21. - Service for contractors for construction purposes.
Customers using water service for building or construction purposes
shall pay for same at the regular meter service charge, and shall be held
responsible for all water so used, as recorded by the meter, or otherwise
ascertained, until such time as the contractor shall notify the County in
writing, to cut off the supply. (5- 21 -09.)
NOW, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
31
Book 29, Page 321
Water. Article V. Fire Protection. Sections 16.1 -23 and 24 are hereby
amended and reenacted as follows:
Sec. 16.1 -23. - Connections for fire protection other than public
hydrants.
When permitted by the County, connections for fire protection other
than public fire hydrants shall be as follows:
(a) There shall be no connection with any other service from
County mains or with any other water supply.
(b) All facilities that require fire protection must install adequate
backflow prevention devices to ensure protection of the public water
system. All devices must be approved by the County prior to
installation. Location of devices shall be approved by the County.
(c) For a supply of water for private fire hydrants or hose
connections or both, with or without a sprinkler system, such
connection shall be supplied through a fire protection meter to register
all water used, the size of connection and type of meter to be
determined by the County.
(d) For fire protection meter, gate and check valves, connection
with the County main to the meter will be installed and paid for by the
owner of property to be protected. (5- 21 -09.)
Sec. 16.1 -24. - Prohibited use of hydrants.
Fire hydrants are provided for the sole purpose of extinguishing fire,
and all persons except authorized personnel of the Department of Emergency
Services, County, Department of General Services or such persons as may be
specially authorized by the County Administrator are hereby prohibited from
opening or using the same. Any person authorized to open fire hydrants shall
use only an approved spanner wrench, and shall replace the caps on the
outlets when not in use. (5- 21 -09.)
NOW, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
Water. Article VI. Cross - Connection Control Program. Section 16.1 -26 is
hereby amended and reenacted as follows:
Sec. 16.1 -26. - Restriction on interconnections with the County's utility
systems; cross- connection control program.
(a) The water supply from the County's water system shall be
distributed through pipes entirely independent of and disconnected from any
32
Book 29, Page 322
other water supply; connections between piping furnishing the County's
water and any unauthorized piping connected with any other source of supply
are prohibited.
(b) Duly authorized representatives of the County shall have free
access at all reasonable hours to all parts of any premises to which County
water supply may be extended in order to make the necessary inspections of
pipes and fixtures.
(c) There is hereby adopted and incorporated by reference the Isle of
Wight County Manual of Cross - Connection Policies, and any amendments
presently or subsequently adopted, copies of which are on file and available
for inspection in the County offices. Such policies shall apply to and control
all cross - connections between public and independent potable water systems.
(d) Duly authorized representatives of the County may cause
inspections to be made of properties served by the water system where cross -
connections with the water system are deemed possible. The frequency of
inspections and re- inspection, based on potential health hazards involved,
shall be established by policies of the County.
(e) Duly authorized representatives of the County shall have the right
to enter, at any reasonable time, properties served by a connection to the
water system for the purpose of inspecting the piping system or systems for
cross - connections. Upon request, the owner or occupants of property served
shall furnish to the County pertinent information regarding the piping system
or systems on such property. The refusal of such information, or refusal of
access, when requested, shall be deemed evidence of the presence of cross -
connection.
(f) The County may deny or discontinue the water service to a
consumer if the required backflow prevention device is not installed. If it is
found that the device(s) has been removed or bypassed, or if a cross -
connection exists on the premises, or if the pressure in the water system is
lowered below ten (10) psi gauge, the County shall take action to insure that
the water system is adequately protected at all times.
(g) The duly authorized representative of the County shall notify the
owner, or authorized agent of the owner, of the building or premises in which
there is found a violation of this article, apprising the owner of the facts of
such violation. The duly authorized representative shall set a reasonable time
for the owner to have the violation removed or corrected. Upon failure of the
owner to have the violation corrected by the end of the specified time
interval, the duly authorized representative may, if in their judgment a health
hazard exists, cause the water service to the building or premises to be
terminated. The County shall thereafter immediately afford the owner,
occupant or agent the notice and opportunity to be heard. In all cases where
the County shall terminate water service as provided under this subsection,
33
Book 29, Page 323
the County shall act with dispatch in notifying the owner, occupant or agent
and shall exercise the utmost diligence in scheduling a prompt hearing on the
matter. Any owner or authorized agent of the owner responsible for the
maintenance of the plumbing system in a building who knowingly permits a
violation to remain uncorrected after the expiration of time set by the duly
authorized representative of the County shall, upon conviction thereof by the
court, be fined not more than one hundred dollars ($100.00) for each
violation. Each day of failure to comply with the requirements of this article
after the specified time shall constitute a separate violation. Water service to
such premises shall not be restored until the deficiencies have been corrected
or eliminated in accordance with the policy mentioned in subsection (c) of
this section to the satisfaction of the County.
(h) The potable water made available on the properties served by the
water system shall be protected from possible contamination or pollution by
enforcement of this chapter and the plumbing code (as defined in Section
16.1 -1). (5- 21 -09.)
NOW, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1.
Water. Article VII. Water Line Extensions and System Improvements Within
Currently Defined Development Service Districts and Other Designated
Areas. Section 16.1 -27 is hereby amended and reenacted as follows:
See. 16.1 -27. - Extensions
(a) The extension of water service to a County residence not currently
receiving such service shall be accomplished in accordance with the
following general principles:
(1) Extension shall be made in a manner so as to promote orderly
growth, protect health and environment, serve requested extensions and
promote the general public interest.
(2) Property owners shall be responsible for the cost of installing
sewer extensions to and within their neighborhoods.
(3) The County shall be responsible for the maintenance,
operation and control of water facilities after dedication and acceptance
by the County.
(b) Any property owner or neighborhood community desiring to have
water service extended to their residence shall apply in writing to the Director
of General Services. In the case of a neighborhood request, a minimum of
sixty -six and seven tenths percent of the homeowners in the requesting area
are required before the request will be considered. The request(s) must be
made by the legal title holder(s) for the property.
34
Book 29, Page 324
(c) Extensions of water service to commercial or industrial property
may be requested by a letter from the president, board chairman or principal
of the corporation desiring service.
(d) Applications shall contain information and plans in sufficient detail
to enable the Director of General Services to determine the adequate size of
facilities necessary for the proposed extension and anticipated future growth.
(e) Approval for construction of a water extension project must be
obtained from the Isle of Wight Board of Supervisors following
recommendation for the project by the Director of General Services.
(f) Upon approval of a water extension project, property owners will be
required to sign documentation indicating a firm commitment to connect to
water service when it becomes available and commitment to extension
charges required for the project.
(g) The County may extend water service at its own discretion in the
following circumstances:
(1) To alleviate health and /or environmental concerns:..... When
the Isle of Wight County Health Department certifies that a health
problem exists in a certain area, the County may order the extension of
water service to said area. The County may require assessments of
property owners of said area under the same procedure set out in
subsection 16.1- 27(i).
(2) To serve requested projects: ..... Upon receipt of a valid
application for sewer extension, the County may order the extension of
water service to the applying area. The County will evaluate application
based on the following or similar criteria:
History of current water service failures;
Size of the requesting area/neighborhood;
Risks to public health and the environment;
Availability of reasonable alternatives; and
Cost to provide water service.
The property(ies) to be served will be assessed under the same
procedure set out in subsection 16.1- 27(i).
(3) Greater public interest:..... The County Board of Supervisors
may at its discretion or upon recommendation of the Director of
General Services, authorize the construction of water extensions where
it deems said construction to be in the greater public interest and in the
general public welfare.
(h) Property owners in which water service is extended will be required
to pay for the cost of extending this service, including design, permitting and
construction related costs. The County, at its discretion, may share in the cost
35
Book 29, Page 325
of providing such service, specifically if said extension is anticipated to
service future development in the service area.
(i) The extension charge to property owners shall be based on the total
project costs, less the County's share, allocated to property owners based on
property water meter size in accordance with the American Water Works
Association (AWWA) standard meter equivalents.
Meter
Equivalent
V
1.0
3/4"
1.5
V
2.5
1'/z"
5.0
2"
8.0
3"
16.0
4"
25.0
0) Payments of extension charges are due before initiation of the water
extension project.
(k) The County may, at its discretion, finance extension charges for a
period not to exceed ten (10) years. Interest charges associated with the
financing shall correspond with the County debt used to complete the
extension project. For property choosing to finance extension charges, a lien
shall be placed upon the property until such time the extension charges are
paid in frill.
(1) Upon transfer of title of any property with an outstanding balance
associated with financed water extension charges, these charges shall be paid
in frill.
(m) Extension charges represent a cost separate from County
connection fees. Connection fees are due from the connection property owner
at the time of connection. (5- 21 -09.)
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin 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 Chapter 12. Offenses -
Miscellaneous. Section 12 -3. Dance Halls- License Required.
Section 12 -4. Same - Defined. And Section 12 -6. Same -
Exemptions from Regulations.
County Attorney Popovich certified that the proposed Ordinance
amendment has been properly advertised for public hearing.
36
Book 29, Page 326
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 Bailey moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 12. OFFENSES – MISCELLANEOUS.
SECTION 12 -3. DANCE HALLS – LICENSE REQUIRED.
SECTION 12 -4. SAME -- DEFINED. AND
SECTION 12 -6. SAME – EXEMPTIONS FROM REGULATIONS.
WHEREAS, the Isle of Wight County Board of Supervisors has
determined it necessary to conform the Isle of Wight County Code with the
provisions of the Code of Virginia.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, that Chapter 12. Offenses – Miscellaneous. Section
12 -3. Dance Halls – License Required be amended and reenacted as follows:
Sec. 12 -3. - Dance halls— License required.
No person shall, in the county, operate or conduct a dance hall without
having first obtained a permit from the board of supervisors, as prescribed
and provided for in Section 15.2 -912.3 of the Code of Virginia, and having
paid to the county a license tax in the amount of six hundred dollars, the same
to be due and payable on the first day of January of each and every year. (12-
5-68, § 1; 6- 4 -87.)
BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, that Chapter 12. Offenses – Miscellaneous. Section 12 -4. Same
– Defined. be amended and reenacted as follows:
Sec. 12 -4. - Same — Defined.
A public dance hall shall be construed to mean any place open to the
general public where dancing is permitted to which an admission fee is
charged or for which compensation is in any manner received either directly
or indirectly by cover charge or otherwise or where refreshments or food or
any form of merchandise are served for compensation before, during or after
dancing. The sale of any refreshments, food or any form of merchandise at
any such place or the exhibiting of such for sale shall be deemed direct
37
Book 29, Page 327
compensation for any such dance hall within the meaning of this section.
However, a restaurant licensed to serve food and beverages having a dance
floor with an area not exceeding ten (10) percent of the total floor area of the
establishment shall not be considered a dance hall. (12 -5 -68, § 3.)
BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, that Chapter 12. Offenses – Miscellaneous. Section 12 -6. Same
– Exemption from regulations. be amended and reenacted as follows:
See. 12 -6. - Same— Exemptions from regulations.
Sections 12 -3 to 12 -5 shall not apply to dances held for benevolent or
charitable purposes or when the same are conducted under the auspices of
religious, educational, civic or military organizations nor shall they be in
effect in any town in which an ordinance has been adopted and is in effect
under the provisions of Section 15.2 -912.3 of the Code of Virginia. (12 -5 -68,
§ 6.).
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to the regular order of
the agenda and the continuation of the County Administrator's report. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Michael W. Terry, Director of Budget and Finance, requested the
Board's consideration of a Resolution to Adopt and Commit Available
Uncommitted Bond Cash Proceeds for Use as Operating General Fund
Revenue for FY2012 -13.
Supervisor Hall moved that the following Resolution be adopted:
RESOLUTION TO ADOPT AND COMMIT AVAILABLE
UNCOMMITTED BOND CASH PROCEEDS FOR USE AS OPERATING
GENERAL FUND REVENUE FOR FY 2012 -2013
WHEREAS, County staff has complied with the Board's request to
conduct an analysis and confirmation of the availability of $1,350,000 of
unused bond proceeds as a component of revenue source for the FY 2012 –
2013 General Fund Operating Budget;
W
Book 29, Page 328
WHEREAS, In accordance with GASB Statement No.54 these
available uncommitted bond cash proceeds are to be committed as revenue
for the FY 2012 -2013 General Fund Operating Budget, effective July 1,
2012;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of the Isle Wight adopts this resolution to commit available
uncommitted bond cash proceeds for use as operating general fund revenue
for FY 2012 -2013, effective July 1, 2012.
BE IT FURTHER RESOLVED that the County Administrator of the
County of the Isle of Wight, Virginia is authorize to make the appropriate
accounting and budget adjustment and to do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (4 -1) with Supervisors Darden,
Bailey, Hall and Alphin voting in favor of the motion and Chairman Casteen
voting against the motion.
Mr. Terry requested the Board's consideration of a Resolution to Adopt
and Commit as Identified Concluding the FYE June 30, 2012 Close Out
Available Donations, Dedicated Funds, Unused Funds as Intended by
Funding Purpose.
Chairman Casteen moved that the following Resolution be adopted:
RESOLUTION TO ADOPT AND COMMIT AS IDENTIFIED
CONCLUDING THE FYE JUNE 305 2012 CLOSE OUT AVAILABLE
DONATIONS, DEDICATED FUNDS, UNUSED FUNDS AS
INTENDED BY FUNDING PURPOSE
WHEREAS, three (3) County departments have requested that funding
identified as donations, dedicated for specific revenue purposes and /or has
been unused or set aside to accomplish a specific strategy /initiative do not
lapse to the General Fund as of June 30`x', year -end close; and,
WHEREAS, once the final accounting for year -end close has occurred,
the available amounts or so much as determined available can only be used
for the purpose committed by this Board resolution; and,
WHEREAS, GASB Statement No. 54 sets forth that the governing
Board (Board of Supervisors) can adopt by resolution that such funding
requests can be classified as committed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight adopts this resolution to commit available
fiends for the three (3) County departments once said funds have been fully
accounted for at the conclusion of June 30, 2012 year -end close out.
39
Book 29, Page 329
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting and budget adjustment and to do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Terry requested the Board's consideration of the proposed
FY2013 -17 Capital Improvements Plan /Capital Budget.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, distributed a proposed Capital Improvements Plan for
FY2013 -17 for the Board's reference. He drew the Board's attention to the
first two (2) years of the Plan, noting that it consists of mandated projects
amounting to $12 million and other projects that have either already begun or
have dedicated funding in the amount of $16 million. He requested the
Board to provide direction with respect to those projects it wishes to move
forward with.
Supervisor Darden moved that the FY2013 -17 Capital Improvements
Plan be adopted with the following amendments:
Space Needs: $2.2 should be $2.7
Economic Development: FY12 /13 should be zero
Fire and Rescue: move over one (1) year
Sheriff: As is at $360,000
Emergency Communications: As is at $30,000
Parks and Recreation: Move $470,000 to FY13 /14; leave other
items in FYI 2/13
Schools: FYI is zero
Public Utilities: No change
General Services /Public Works: Boykin's Tavern Structural and
Boykin's Shoreline move out one (1) year; current year is zero,
next year is $100,000, FYI 4/ 15 is $120,000.
YMCA: No change
Community Development: No change
Registrar: No change
Library: No change
Engineering: No change
Red Cross: No change
Contingency: No change
The motion was adopted by a vote of (4 -1) with Supervisors Casteen,
Darden, Bailey and Alphin voting in favor of the motion and Supervisor Hall
voting against the motion.
.O
Book 29, Page 330
County Administrator Caskey presented a Resolution to Appropriate
Funds from the Unassigned Fund Balance of the General Fund for Franklin
Revenue Sharing Agreement for the Board's consideration.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE UNASSIGNED
FUND BALANCE OF THE GENERAL FUND FOR FRANKLIN
REVENUE SHARING AGREEMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved additional funding for the Franklin Revenue Sharing
Agreement; and,
WHEREAS, funds in the amount of two hundred ninety -three
thousand, twenty -five dollars ($293,025) needs to be appropriated from the
Unassigned Fund Balance of the General Fund to the FY 2011 -12 General
Operating Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that two hundred ninety -three
thousand, twenty -five dollars ($293,025) from the Unassigned Fund Balance
of the General Fund be appropriated to the FY 2011 -12 General Operating
Budget.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
An Isle of Wight County Schools financial report was contained in the
agenda for discussion. The Director of Budget and Finance was requested to
invite the School's Chief Financial Officer to the Board's July meeting to
review the financial reports with the Board.
County Administrator Caskey called for appointment of an individual
to serve on the Equalization to represent the Carrsville District.
Supervisor Alphin moved that David Holt be reappointed to represent
the Carrsville District on the Board of Equalization. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
41
Book 29, Page 331
Sheriff Marshall requested that the Board take appropriate action to
allow him to proceed with the purchase of new Deputy Sheriff cars prior to
the County returning to the bond market.
Responsive to Mr. Terry's recommendation, Supervisor Bailey moved
to approve use of the Unassigned Fund Balance in the amount of $360,000
with the understanding that the County will reimburse itself when it goes to
the bond market. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
//
Chairman Casteen called for Appointments.
Chairman Casteen appointed Supervisor Darden, replacing Thomas J.
Wright, III, as the Board's representative on the Agricultural /Forestal District
Advisory Council. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Casteen reappointed Betty Alldaffer to represent the
Smithfield District on the Blackwater Regional Library Board. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Casteen reappointed W. Douglas Caskey to serve on the
Hampton Roads Planning District Commission. The motion was adopted by
a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen reappointed Supervisor Darden to serve on the
Hampton Roads Planning District Commission. The motion was adopted by
a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden reappointed Len Alphin to represent the Windsor
District on the Industrial Development Authority. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen reappointed Hazel Edwards to serve on the
Southeastern Tidewater Opportunity Project. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
42
took 29, Page 332
Supervisor Alphin appointed Patricia Sowell to represent the Carrsville
District on the Social Services Board. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
//
Chairman Casteen called for Old Business.
There was no old business offered for discussion by the Board.
Chairman Casteen called for New Business.
Supervisor Bailey requested County Administrator Caskey to advise
Mr. Heuer of the Board's concerns with the appearance of the general area
owned and maintained by VDOT at the Isle of Wight County end of the
James River Bridge and that the Board would ask that some mutually
agreeable manner of screening be considered to make this location less
visible to the driving public.
Supervisor Alphin requested the Board's consideration of
reimbursement of a Camptown resident for sewer hookup who has been
paying a sewer bill to the County for the last 12 -15 years and found out
recently that she is actually hooked up to her own septic system.
Supervisor Alphin moved that Ms. Gatling be reimbursed prorated over
ten (10) years of what the County paid her for five years (not to exceed
$5,000 and she has already received $2,400). The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin recommended the formulation of an advisory
committee charged with developing recommendations to fund the County's
various fire and rescue squads. He recommended that he and Supervisor Hall
be on the committee, along with two (2) Fire and Rescue Association
members, one outside person with experience in that area and Rusty Chase.
Supervisor Alphin moved that he and Supervisor Hall form a
committee at their discretion as an advisory committee to bring back a
recommendation to the Board. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Alphin spoke in favor of a fostered relationship between the
Board of Supervisors and the School Board. He stated that he would like to
further- discuss this relationship issue at the Board's July meeting.
43
Book 29, Page 333
Responsive to Supervisor Alphin's concern that the speakers in the
Board Room are not adequate, Mr. Robertson advised that technological
needs will be addressed in the very near future with respect to camera angles
and speakers.
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Freedom of Information Act concerning a
personnel matter pertaining to a specific public official; pursuant to Section
2.2- 3711.A.1 of the Freedom of Information Act concerning a personnel
matter pertaining to a specific public employee; pursuant to Section 2.2-
3711.A.7 related to consultation with legal counsel requiring the provision of
legal advice pertaining to SPSA; and, pursuant to Section 2.2- 3711.A.7
related to consultation with legal counsel requiring the provision of legal
advice pertaining to the appropriation of funds.
Supervisor Darden moved that the Board enter the closed meeting for
the reasons stated. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Casteen moved that the Board return to open meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden 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- 3712.1) 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.
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Book 29, Page 334
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Darden moved to reclassify the employee as discussed with
the corresponding pay increase as discussed in closed meeting. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bailey moved to authorize the Chairman to send the letter
regarding the shared services to the School Chairman as discussed in closed
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Casteen moved to authorize the Chairman to execute the
letter to the School Board Chairman regarding the FY2011 -12
appropriations. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
At 11:00 p.m., Chairman Casteen declared the meeting adjourned.
Alan E. Casteen, Chairman
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Carey Alls Storm, Clerk
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