12-19-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF DECEMBER IN
THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE
At 5:00 p.m., Chairman Hall called the meeting to order and Supervisor
Darden provided the invocation and led the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA
Supervisor Casteen moved that the agenda be adopted, as presented.
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.
SPECIAL PRESENTATIONS /APPEARANCE
Animal Control staff presented a dog available for adoption at the
animal shelter.
Krista Edott, Cherry Bekaert, Government Finance Officers
Association, advised that the County has received an unqualified opinion on
its Financial Audit Report for the Year Ended June 30, 2013.
William C. Smith, Superintendent, Western Tidewater Regional Jail,
updated the Board relative to the potential budgetary impact to the County as
a result of Federal inmates being transferred from the Western Tidewater
Regional Jail facility to the Virginia Beach City Jail facility.
Constance Rhodes, Chief Executive Officer, Isle of Wight- Smithfield -
Windsor Chamber of Commerce, was recognized for her accomplishments
during her tenure with the Chamber of Commerce.
Chairman Hall was recognized for her years of service to the citizens of
the County and as a member of the Board of Supervisors upon the expiration
of her term on the Board which ends on December 31, 2013.
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CONSENT AGENDA
A. Resolution to Recognize the Accomplishments of Constance "Connie"
Rhodes
B. Resolution to Recognize the Contributions of JoAnn W. Hall
C. Resolution to Designate Isle of Wight County as a Hybrid Entity for
Purposes of HIPAA and Identifying its Health Care Components
D. Plan Document Amendment for Flexible Spending Funding Carryover
E. Resolution to Deem Certain Property as Surplus
F. Appropriation to Carryover Funds Remaining on June 30, 2013
Resolution to Appropriate Funds from the Unassigned and
Assigned Fund Balance for the Completion of Various Carryover
Operating and Capital Projects
Resolution to Accept and Appropriate Funds from Federal and
State Governments and Private Organizations for Carryover
Grant Programs
G. Resolution to Accept and Appropriate Incentive Funds from the
Virginia Department of Agriculture and Consumer Services for
Franklin Lumber, LLC
H. Citizens' Broadband Initiative Assistance
I. Resolution to Accept and Appropriate Funding from HHJV, LLC
J. Resolution to Appropriate Bond Proceeds to Construct and Equip
the Windsor Middle School Project
K. June 20, 2013 Regular Meeting Minutes
Supervisor Alphin moved that the Consent Agenda be adopted as
presented. 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.
REGIONAL REPORTS
Supervisor Darden reported on the progress on the Route 460 project.
County Attorney Popovich reported that the Southeastern Public
Service Authority has received an unqualified opinion on its financial audit.
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He further reported that as a result of revisions to DEQ regulations, it appears
that there will be a $5 million reduction in the post closure fund which can be
reallocated for other purposes.
TRANSPORTATION MATTERS
No matters were offered for discussion by the Board.
CITIZENS COMMENTS
Bruce Powell addressed the Board regarding the Benn's Grant intersection.
BOARD COMMENTS
The Board offered no comments.
COUNTY ATTORNEY'S REPORT
County Attorney Popovich provided a brief overview of the proposed
revisions to the Board's By -Laws and Rules of Procedure.
Supervisor Darden requested a list of committees /boards /commissions
that receive monetary compensation from the County.
County Attorney Popovich advised that the Attorney General's Office
has opined that a locality may increase or decrease the number of election
districts outside of the ten (10) year census cycle.
County Attorney Popovich presented a request for the sale of property
from the County to Hope Presbyterian Church.
Supervisor Casteen moved that the County Attorney's office be
authorized to advertise a public hearing to effectuate the sale of public
property in accordance with the terms of the Option Agreement. 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 ADMINISTRATOR'S REPORT
Brandy B Day, Director of Human Resources, reviewed the Hybrid
Employees Sick Leave Policy amendment changes resulting from the State's
creation of a VRS hybrid Employees Sick Leave pool program with the
Board.
Supervisor Darden moved that the revisions to the County's Sick Leave
policies be adopted. 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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County Administrator Seward presented a request to purchase County
property located at 6221 Carrsville Highway and relayed staff's
recommendation that the Board authorize an assessment of the 19 acres of
wooded land and that the property be advertised for sale with Divaris Real
Estate, Inc.
Supervisor Casteen moved that the Board authorize an assessment of
the 19 acres of wooded land on the property and advertise the property for
sale with Divaris Real Estate, Inc., the County's current real estate brokerage
firm. 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.
APPOINTMENTS
Supervisor Casteen moved that Anne F. Seward be reappointed to the
Southeastern Public Service 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.
Supervisor Casteen moved that Mark C. Popovich be reappointed to the
Southeastern Public Service 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.
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Chairman Hall declared a break and the Board returned to open
meeting at 7:00 p.m.
PUBLIC HEARINGS
Chairman Hall called for a public hearing on the following:
A. The application of Larry Lewis Gray and Margette H. Gray to
rezone to Suburban Residential to create a total of two (2) single
family residential lots, one (1) for each of the existing single
family residences located on the parcel.
County Attorney Popovich certified that the application had been
properly advertised for public hearing.
Sandy Whitley represented the application.
Chairman Hall called for citizens to speak in favor of or in opposition
to the application.
Larry Gray, the applicant, requested the Board's approval.
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Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Bailey moved that the application of Larry Lewis Gray and
Margette H. Gray be approved. 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 Hall called for a public hearing on the following:
B. The application of Westmoreland Development Company,
applicant and St. Luke's Village, LLC, owner to amend the
proffered conditions and master plan for the St. Luke's Village
Maxed use development located on Brewer's Neck Boulevard in
the Windsor Election District.
County Attorney Popovich verified that the application had been
properly advertised. He added that although the property was initially
identified as being located in the Newport District, doing so did not render
the advertisement defective.
Matthew J. Smolnik, Assistant Director of Planning and Zoning,
reviewed the history of the application with the Board.
Chairman Hall called for citizens to speak in favor of or in opposition
to the application.
Lewis MacMurn, the applicant who resides at 15188 Kennel Lane in
Carrollton, requested the Board's approval of the application.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Bailey moved that staff be directed to return at the Board's
regular meeting in January 2014 with the costs for storm water management
practices on the St. Lukes property under both current and new regulations.
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 Hall 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 1, General
Provisions
Chairman Hall called for citizens to speak in favor of or in opposition to the
application.
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No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Alphin moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 1. GENERAL PROVISIONS.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has deemed it necessary to update its current ordinances in order to
more clearly set forth local ordinances for the benefit of the public, to correct
inaccuracies and to clarify any inadvertently omitted provisions;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 1. General Provisions. of the Isle of Wight
County Code be amended and reenacted as follows:
CHAPTER 1. GENERAL PROVISIONS.
Sec. 1 -1. How Code designated and cited.
The ordinances embraced in this and the following chapters and sections shall constitute and be
designated "The Code of the County of Isle of Wight, Virginia" and may be so cited. These ordinances
may also be cited as "The Isle of Wight County Code."
For state law as to authority of board of supervisors to codify all of its ordinances in permanent,
loose -leaf fo rn, see Code of Va., § 15.2 -1433. As to admissibility of Code in evidence, see
Code of Va. §§ 8.01 -386, 15.2 -1433.
Sec. 1 -2. Definitions and rules of construction.
In the interpretation and construction of this Code and of all ordinances of the county, the following
definitions and rules of construction shall be observed, unless they are inconsistent with the manifest
intent of the board of supervisors or the context clearly requires otherwise:
Board of supervisors.Mhenever the term "board of supervisors" is used, it shall be construed to
mean the board of supervisors of the County of Isle of Wight.
Commonwealth; state. \The words "the commonwealth," "this commonwealth," "the state" or "this
state" shall mean the Commonwealth of Virginia.
Computation of time. \The time within which an act is to be done shall be computed by excluding the
first and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded.
For state law as t , computation of time within the meaning of state statutes, see Code of Va. §
1 -210.
County. \The words "the county" or "this county" shall mean the County of Isle of Wight in the
Commonwealth of Virginia.
Following. \The word "following," when used by way of reference to any section or sections in the
Code, shall be construed to mean next following that in which such reference is made.
Gender.\A word importing the masculine gender only may extend and be applied to females and to
corporations as well as to males.
For similar state aw definition, see Code of Va., §§ 1 -216, 2.2 -3901.
Health officer- county health officer; health director. \The terms "health officer," "county health officer"
and "health director" shall mean the public health officer of the county or representative of the state board
of health serving th.s county.
Month. \Unless otherwise expressed, the word "month" shall be construed to mean a calendar month.
For similar state law definition, see Code of Va., § 1 -223.
Number.\A word importing the singular number only may extend and be applied to several persons or
things, as well as to one person or thing; and a word importing the plural number only may extend and be
applied to one person or thing, as well as to several persons or things.
For similar state law definition, see Code of Va., § 1 -227.
Oath. \The word "oath" shall be construed to include an affirmation in all cases in which by law an
affirmation may be substituted for an oath.
For similar state law definition, see Code of Va., § 1 -228.
Occupant. \The word "occupant," applied to a building or land, shall mean any person who holds a
written or oral lease of or actually occupies the whole or a part of such building or land, either alone or with
others.
Official time standard. \ Whenever particular hours are specified in this Code relating to the time within
which any act shall or shall not be performed by any person, the time applicable shall be official standard
time or Daylight Saving Time, whichever may be in current use in the county.
Or; and.\ "Or" may be read as "and," and "and" may be read as "or," if the sense so requires.
Owner. \The word "owner," applied to any property, shall include any part owner, joint owner, tenant in
common, joint tenant or tenant by the entirety, of the whole or a part of such property.
Person. \The word "person" shall include a firm, partnership, association of persons, corporation, body
politic, organization or any other group acting as a unit, as well as an individual.
For state law definition of "person" as used in statutes, see Code of Va., § 1 -230
Police officer \The term "police officer" shall include the sheriff and his deputies, state police officers,
United States marshals and their deputies, and all other law enforcement officers having authority to make
arrests, but shall not include private citizens who may make arrests under the common law for felonies
and breaches of the peace committed in their presence.
Preceding. \The word "preceding," when used by way of reference to any section or sections in this
Code, shall be construed to mean next preceding that in which such reference is made.
For similar state law definition, see Code of Va., § 1- 13.235.
Property. \The word "property" shall mean real, personal or mixed property.
Public grounds. \The words "public grounds" shall mean the parks and all public lands owned by the
county, and those parts of public places which do not form travelled parts of streets as defined in this
section.
Road; highway. \The words "road" and "highway" shall have the same meaning as the word "street"
as such word is defined in this section.
Shall. \The word "shall" shall be mandatory.
Sidewalk. \The word "sidewalk" shall mean any portion of a street between the curb line, or the lateral
lines of a roadway where there is no curb, and the adjacent property line intended for the use of
pedestrians.
State. \See "commonwealth."
Street. \The word "street" shall include avenues, boulevards, highways, roads, alleys, lanes, viaducts,
bridges and the approaches thereto, and all other public thoroughfares in the county, and shall mean the
entire width thereof between abutting property lines.
Swear; swomAThe word "swear" or "sworn" shall be equivalent to the word "affirm" or "affirmed" in all
cases in which by law an affirmation may be substituted for an oath.
For similar state law definition, see Code of Va., § 1 -250
Treasurer. \The treasurer of the county or other officer designated by law to collect taxes in the
county.
Written; in writing. \The words "written" and "in writing" shall include typewriting, printing on paper and
any other mode of representing words, letters and figures.
Year. \The word "year" shall mean a calendar year.
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All words, terms, etc., not defined in this section or elsewhere in this Code shall be construed as
provided in the Code of Virginia.
For rules of cons -uction of state statutes, see Code of Va., § 1 -202.
Sec. 1 -3. Catchlines of sections.
The catchlines of the sections of this Code are intended as mere catchwords to indicate the contents
of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any
section, nor, unless expressly so provided, shall they be so deemed when any section, including its
catchline, is amended or reenacted.
For similar state iw as to headlines of sections of the Code of Virginia, see Code of Va., § 1-
217.
Sec. 1-4. Provisions considered as continuations of existing ordinances.
The provisions appearing in this Code, so far as they are substantially the same in substance as
those of the ordinances included herein shall be considered as continuations thereof and not as new
enactments.
Sec. 1 -5. Repeal not to revive former ordinances.
When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall
not be revived without express words to that effect.
For similar state ; {w applicable to statutes, see Code of Va., § 1 -248.
Sec. 1 -6. Severability of parts of Code.
If any part, section, subsection, sentence, clause or phrase of this Code is for any reason held to be
unconstitutional or invalid by the valid judgment of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining parts,
sections, subsections, sentences, clauses or phrases of this Code.
Sec. 1 -7. General penalty.
(a) Wherever in this Code or in any ordinance or resolution of the county, or in any rule, regulation,
notice or order promulgated by any officer or agency of the county under authority duly vested in him
or it, any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, or the doing
of any act is required, or the failure, neglect or refusal to do any act is declared to be unlawful or an
offense or a misdemeanor, and no specific penalty is provided for the violation thereof, the violation
of any such provision of this Code or any such ordinance, resolution, rule, regulation, notice or order
shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of
not more than thirty days in jail, or by both such fine and imprisonment.
(b) Any person failing to pay, pursuant to any provision of this Code or other ordinance of the county, any
account on or before its due date, other than taxes which are provided for in Title 58.1 of the Code of
Virginia, shall incur a penalty thereon of ten percent which shall be added to the amount of the
account due from such person. No penalty shall be imposed for failure to pay any account if such
failure was not in any way the fault of the debtor. Interest at the rate of ten percent annually from the
first day following the day such account is due shall be collected upon the principal and penalty of all
such accounts. (Ord. No. 2011 -3 -C, 3- 3 -11.)
For state law as to authority of board of supervisors to prescribe fines and imprisonment in
county jail for violation of ordinances, see Code of Va., § 15.2 -1429. As to when summons
is to be issued in place of warrant for misdemeanors, see Code of Va., § 19.2 -74. As to
penalties and interest on delinquent accounts due, see Code of Va., § 15.2 -105.
Sec. 1 -7.1. Court costs.
Any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the
district court or circuit court of Isle of Wight County shall be assessed a sum of five dollars as part of the
costs in each court in each case. Effective July 1, 2007, any person convicted of a violation of any statute
or ordinance in any criminal or traffic case in the district court or circuit court of Isle of Wight County shall
be assessed a sum of ten dollars as part of the costs in each court in which a defendant is convicted of a
violation in each case.
The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the
Isle of Wight County Treasurer and held by the treasurer subject to appropriation by the governing body to
the sheriffs office for the funding of courthouse security personnel. (5- 16 -02; 5- 24 -07; 10- 15 -09.)
For state law as to authority of the board of supervisors to prescribe a fee for courthouse
security personnel, see Code of Va., § 53.1 -120.
Sec. 1 -7.2. Processing fee.
There is hereby imposed a processing fee of twenty-five dollars on any individual admitted to a
county or regional jail following conviction to be assessed as part of the court costs.
The fees shall be collected by the clerk of the court in which the case is heard, remitted to the county
treasurer and held by the treasurer subject to appropriation by the governing body to the sheriffs office to
defray the costs of processing arrested persons into local or regional jails. (7- 9 -02.)
Sec. 1 -7.3. Assessment for courthouse construction and renovation.
Any person filing a civil action in the district court or circuit court of Isle of Wight County and any
person charged with a violation of a criminal or traffic statute or ordinance in the district court or circuit
court of Isle of Wight County shall be assessed a fee of three dollars as part of the costs in each court in
each case. Such fee shall not be assessed in any civil action if the amount in controversy is five hundred
dollars or less.
This fee assessment shall be collected by the clerk of the court in which the action is filed, remitted to
the Isle of Wight County Treasurer and held by the treasurer subject to appropriation by the governing
body solely for the construction, reconstruction, renovation of, or adaptive reuse of a structure for a
courthouse. (10- 15 -09.)
For state law as t ) authority of the Board of Supervisors to prescribe a fee for courthouse
construction and renovation, see Code of Va., § 17.1- 281(C).
Sec. 1 -8. Continuing violations.
Each day any violation of this Code or any ordinance, resolution, rule, regulation, notice or order shall
continue shall constitute a separate offense except as otherwise provided.
Sec. 1 -9. Court and trial.
The trial of any and all violations of this Code shall be upon a warrant or summons before the county
court in the manner and with like right of appeal as is provided in misdemeanor cases.
Sec. 1 -10. Disposition of revenue from fines.
All fines collected for violations of this Code shall be paid to the county treasurer and by him credited
to and deposited in the general fund of the county.
Sec. 1 -11. Acceptance of real property.
The Isle of Wight County Attorney is hereby vested with the authority to accept, on behalf of the Isle
of Wight County Board of Supervisors, such real property as may be conveyed to Isle of Wight County.
(12-18-08.)
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 Hall 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 2, Administration
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Chairman Hall called for citizens to speak in favor of or in opposition
to the application.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Alphin moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 2. ADMINISTRATION.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has deemed it necessary to update its current ordinances in order to
more clearly set forth local ordinances for the benefit of the public, to correct
inaccuracies and to clarify any inadvertently omitted provisions;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 2. Administration. of the Isle of Wight
County Code be amended and reenacted as follows:
CHAPTER 2.
ADMINISTRATION.
For state law as to administration of counties, see Code of Va., §§ 15.2 -1426 and 15.2 -1427;
As to county officers, see Code of Va., § 15.2 -1522 et seq.; As to building inspection
department, see § 4 -1. As to building inspector generally, see § 4 -1. As to elections
generally, see ch. 5. As to taxation generally, see ch. 15. As to board of zoning appeals,
see Appx. B, Art. I, § 1 -1019. As to powers and duties of zoning administrator, see Appx.
B, § 1 -1011.
Article I. In General.
Sec. 2 -1. County Administrator.
The Board of Supervisors hereby creates the Office of County Administrator,
which shall be filled by appointment by the Board of Supervisors under the
provisions of Section 15.2 -406 of the Code of Virginia (1950, as amended).
The County Administrator shall be vested with all those powers, duties and
responsibilities as set forth in Section 15.2 -407 of the Code of Virginia
(1950, as amended) and such other powers, duties and responsibilities as the
Board of Supervisors may assign from time to time.
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Sec. 2 -2. Bonds of constitutional officers.
All constitutional officers of the county who are required to give bond shall, at the time he or she
qualifies, give such bond as required in accordance with Section 15.2 -1527 of the Code of Virginia (1950,
as amended).
For state law as t � payment by county of premiums on bonds with corporate surety, see Code
of Va., § 15 ; -1527.
Sec. 2 -3. Compensation of county officers, employees and agents; disposition of fees.
(a) The Chairman and members of the Board of Supervisors and all other officers, employees and
agents of the county shall receive as compensation for their services such sums as may be
appropriated therefor in the annual budget or in other ordinances from time to time; provided, that
persons serving under contract with the county shall receive such compensation as may be provided
in their respective contracts; and provided further, that any person whose compensation is fixed by
state law or by a body other than the Board of Supervisors pursuant to state law shall receive such
compensation as fixed by state law or pursuant to state law.
(b) Except as may be specifically provided otherwise by state law, this Code or other ordinances, all fees
paid to county officers and employees for services rendered or documents furnished shall belong to
the county and shall be paid into the county treasury by the recipients thereof not less frequently than
once each week.
For state law as t compensation of county supervisors, see Code of Va., § 15.2- 1414.1 et seq
Sec. 2 -4. Protection of records and other papers.
(a) No book, record, document or paper belonging to the county or any department, office, board,
commission or other agency of the county shall be removed from the office of the custodian thereof
without his permission, and then only upon the giving of a receipt therefor, except as may be provided
otherwise by law in any case, or except upon order of the Board of Supervisors or its Chairman, or in
compliance with a valid subpoena duces tecum issued by a court or officer having jurisdiction in the
premises.
(b) No person shall, without proper authority, destroy, tamper with, deface or otherwise damage or alter
any book, record, document or paper belonging to the county or any department, office, board,
commission or other agency of the county, or fail to return any such item of property to its proper
custodian after having taken it from its place of custody as authorized in subsection (a) of this
section.
Sec. 2 -5. Property and property insurance inventories.
(a) The County Administrator shall maintain on file in his office an inventory of all real property owned by
or leased to the county. This inventory shall be maintained in current status, and during January of
each year shall be revised, as may be appropriate, to show changes in value due to depreciation or
to repairs, renovations, etc. For each building or lot such inventory shall also show:
(1) A brief description,
(2) A reference to the deed, devise, lease or other instrument whereby the county acquired Title to
or the use thereof,
(3) The department, office or agency charged with custody,
(4) The purpose or use,
(5) The insurance of all types thereon, together with notes as to premiums payable and anniversary
dates, and
(6) For property owned by the county and leased to other persons, copies of such leases and
appropriate notes as to the revenues derived therefrom.
(b) Each county officer having custody of items of nonexpendable personal property of value greater
than twenty-five dollars ($25.00) owned by or leased to the county shall, during January of each year,
prepare in duplicate an itemized inventory of such property, showing for each item:
(1) Its value and a brief description, together with identification (by serial number, where applicable),
(2) A reference to the instrument, if any, whereby title of use was acquired,
(3) The department, office or agency having custody,
(4) The purpose or use, and
(5) The insurance of all types, if any, together with notes as to premiums payable and anniversary
dates.
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The original copy of each such inventory shall be filed in the Office of the County Administrator before
February 1 of each year, and the duplicate copy shall be retained on file in the office of the person who
prepared it.
Sec. 2 -6. Use of county -owned personal property for private purposes.
(a) Trucks, machinery and other items of personal property owned by the county shall not be loaned or
leased to any person; provided, that the Board of Supervisors may by resolution provide rules and
regulations whereby the County Administrator may authorize specified items of county-owned
personal property to be used for private purposes when such use would not interfere with or delay
any county work or project, upon the payment of specified charges, and subject to such terms and
conditions as may be stipulated by the County Administrator. If and when any such resolution is in
effect, the provisions thereof and the provisions of this subsection shall be deemed to be
incorporated in and made a part of any authorization made thereunder by the County Administrator,
and all persons for whose benefit any county-owned personal property is used shall be bound thereby
and shall likewise be bound by the stipulations of the County Administrator.
(b) This section shall not be construed so as to limit the authority of the board of supervisors to authorize
the use of county-owned personal property by municipalities or agencies of the commonwealth or
other political subdivisions under mutually agreed upon terms and conditions.
Sec. 2 -7. Disclosure of personal interests.
(a) In addition to those government officers and employees required to file annual disclosure statements
of their personal interests and interests in real estate as specified in Section 2.2 -3115 of the Code of
Virginia (1950, as amended), that the following persons occupying positions of trust appointed by the
Board of Supervisors of said county are hereby required as a condition to assuming office or
employment to file a disclosure statement of their personal interests and other information as is
specified on the form set forth in Section 2.2 -3117 of the Code of Virginia (1950, as amended) and
thereafter shall file such a statement annually on or before January 15.
(b) In addition to any disclosure required by Section 2.2 -3115 of the Code of Virginia (1950, as
amended), said persons as hereinafter designated, shall file annual disclosures of all of their interests
in real estate located in the county of Isle of Wight. Such disclosure shall include any business in
which such persons own an interest or from which income is received, if the primary purpose of the
business is to own, develop or derive compensation through the sale, exchange or development of
real estate in the county or town thereof. Such disclosure shall be filed as a condition to assuming
office or employment and thereafter shall be filed annually with the clerk of the governing body of the
county of Isle of Wight on or before January 15. Such disclosure shall be filed and maintained as
public records for five years. Forms for the filing of such reports shall be distributed by the County
Administrator to each of the persons so designated to declare his interests.
(c) Additionally, an officer or employee of local government who is required by this section to declare his
interests shall declare his interests by stating (1) the transaction involved, (2) the nature of the office
or employee's personal interest affected by the transaction, (3) that he is a member of the business,
profession, occupation or group the members of which are affected by the transaction, and (4) that
he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or
employee shall make his declaration orally to be recorded in the written minutes of his agency or file
a signed written declaration with the clerk of the Board of Supervisors who shall, in either case, retain
and make available for public inspection such declaration for a period of five years from the date of
recording or receipt. If reasonable time is not available to comply with the provisions of this
subsection prior to participation in the transaction, the officer or employee shall prepare and file the
required declaration by the end of the next business day.
(d) The persons holding positions of trust appointed by the Board of Supervisors of Isle of Wight who are
required to file the statements of personal interests and interests in real estate and other information
by this section, are the members of the Board of Supervisors, Planning Commission, Board of Zoning
Appeals, Industrial Development Authority, real estate assessors, Board of Equalization, Board of
Assessors, Sheriff, Commissioner of the Revenue, Treasurer, Circuit Court Clerk, Commonwealth's
Attorney, County Administrator and County Attorney.
(e) The ordinance codified in this section shall take effect January 1, 2001, provided, that it will not be
effective for planning commission members, board of zoning appeals members, and industrial
development authority members, presently serving in those positions until the end of their current
terms. (10- 19 -00; 1- 17 -08.)
For state law as t authority of the County to require such disclosure, see Code of Va., §§ 2.2-
3115 and 2 '_ 3116.
Article II. Board of Supervisors.
For state law a to county boards of supervisors generally, see Code of Va., § 15.2 -1400 et
seq. As to !doption of ordinances, see Code of Va., §§ 15.2 -1426 and 15.2 -1427; As to
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Virginia Fret_,dom of Information Act, see Code of Va., § 2.2- 3700et seq.; As to provisions
for one supervisor per election district, see § 5 -9 of this Code.
Sec. 2 -8. Regular meetings.
The regular meetings of the Board of Supervisors will be held on the third Thursday of each month,
beginning at 5:00 P.M., in the Robert C. Claud, Sr. Board Room, unless otherwise set by the Board of
Supervisors.
For state law as to regular meetings of board of supervisors, see Code of Va., § 15.2 -1416. As
to special meetings, and quorum for all meetings, see Code of Va., §§ 15.2 -1417 and 15.2-
1418.
Sec. 2 -9. Agenda for regular and adjourned meetings.
The County Administrator shall prepare and make available to each member of the Board of
Supervisors a detailed agenda at least one day prior to each regular or adjourned meeting of the board;
and no such agenda shall be departed from at the meeting to which it relates except by majority vote of
the supervisors present at the meeting.
Sec. 2 -10. Rules.
The Board of Supervisors may promulgate rules:
(a) Governing the conduct of its members with respect to their official duties and transactions and with
respect to the ethics of office, and imposing penalties for the violation thereof;
(b) Providing for the attendance at its meetings of the sheriff of the county or, at his option, one of his
deputies, to preserve order and to discharge such other duties as may be necessary for the dispatch
of such business as may be before this board;
(c) Providing for the attendance at its meetings of such other county officers and employees as may be
helpful to the board by providing information, opinions and advice;
(d) Providing for the order of business and parliamentary procedure at its meetings;
(e) Providing for the appointment, powers and duties of standing and special committees;
(f) Providing for executive sessions of the board; but no ordinance or resolution shall be offered and no
final vote, decision or action shall be taken on any question or subject during an executive session;
(g) Providing for the compulsory attendance of witnesses and the production of books and papers before
the board or any of its committees; and
(h) For such other purposes not contrary to state law, this Code or other ordinance as may be within the
power of the Board of Supervisors to regulate for the conduct of its business.
For state law as to executive sessions, see Code of Va., § 2.2 -3711.
Sec. 2 -11. When persons present at meetings may address board; action on matters
raised by nonmembers at meetings.
Any orderly person present at a meeting of the Board of Supervisors may, upon recognition by the
presiding officer, request permission to address the board; and the presiding officer may grant such
request if he considers it to be in the public interest so to do, and he shall grant such request upon
demand of any two supervisors. When, as the result of such an address to the board it appears that a
subject should be considered by the board at a subsequent meeting, the County Administrator shall place
such matter on the agenda for the next regular meeting of the Board of Supervisors.
Article III. Industrial Development Authority.
For state law as to authority of county to create industrial development authority, see Code of
Va., § 15.2 -4903. As to powers of industrial development authority, see Code of Va., §
15.2 -4905.
Sec. 2 -12. Political subdivision — Created.
There is hereby created a political subdivision of the commonwealth with such public and corporate
powers as are set forth in the Industrial Development and Revenue Bond Act (Chapter 49, Title 15.2, §§
13
15.2 -4900 et seq.), including such powers as may hereafter be set forth from time to time in such Act. (12-
5-68, § 1.)
Sec. 2 -13. Same —Name.
The name of the political subdivision of the commonwealth created by this article shall be the
"Industrial Development Authority of the County of Isle of Wight." (12 -5 -68, § 2.)
Article V. Community Development Authorities.
For state law as to authority of county to consider the creation of community development
authorities, see Code of Va., § 15.2 -5152.
Sec. 2 -14. Generally.
(a) The County hereby elects to assume the power to consider petitions for the creation of community
development authorities in accordance with the Virginia Water and Waste Authorities Act, Chapter
51, Title 15.2. Code of Virginia (1950, as amended). (4- 19 -07.)
Article VI. False Alarms.
For state law as to authority of the County to regulate alarm systems, see Code of Va., §§ 15.2-
911.
Sec. 2 -15. Purpose.
The purpose of this article is to minimize unnecessary use of the county's emergency services by
reducing the number of false alarms and regulating the installation and maintenance of alarm systems.
(10- 18 -07.)
Sec. 2 -16. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meaning ascribed
to them herein, except where the context clearly indicates a different meaning:
Alarm system \means any device or system that transmits a signal that indicates a hazard or
occurrence requiring an emergency response. The term "alarm system" shall not include a personal,
direct telephonic call requesting emergency services.
Alarm user and user \mean the occupant of premises protected by an alarm system.
Answering service \means a telephone answering service that receives emergency signals from alarm
systems and informs the County emergency communications center.
Automatic dialing service \means a device interconnected to a telephone line and programmed to
indicate a need for emergency response.
Chief\means any one of the volunteer fire department fire chiefs or their designee.
False alarm \means any alarm signal received by the county emergency communications center
which is not in response to an actual or possible emergency. False alarms include negligently activated
signals, signals due to faulty, malfunctioning or improperly installed or maintained equipment, and signals
purposely activated to summon fire, rescue and /or law enforcement personnel in non - emergency
situations. False alarms do not include signals activated by unusually severe weather conditions, utility
conditions or other causes which the chief or the Sheriff determines were beyond the user's control.
Indirect alarm transmittal\ means any alarm system which causes a third party or answering service
to notify the county emergency communications center of an alarm activation.
Installer\ means any person who installs, services, monitors, sells or leases any alarm system.
Interconnect\ means to connect an alarm system to a voice -grade telephone line, either directly or
through a mechanical device that utilizes a standard telephone, to transmit an emergency message upon
the activation of the alarm system.
Negligently activated signals\ means signals transmitted due to carelessness or negligence in
installation, maintenance or operation of an alarm system.
Non - emergency situations\ means situations where an immediate response by fire personnel is not
necessary to protect life or property.
Sheriff\ means the Isle of Wight County Sheriff or his designee. (10- 18 -07.)
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Sec. 2 -17. Penalty.
Violations of Sections 2 -18, 2 -19 and 2 -20 shall be punishable as a Class 1 misdemeanor. (10 -18-
07.)
Sec. 2 -18. User data form.
Upon installing an alarm system, all users shall submit a county data form to the county emergency
communications center with the following information: name and location of the alarmed premises; type of
alarmed premises (residential or commercial); normal operating hours, if commercial; individuals
designated by the user to respond when notified; manufacturer, model and type of alarm system; name,
address and telephone number of the service company; zone of alarm, if applicable; and other applicable
information. This requirement shall not be applicable to single -unit heat and smoke detectors four or less
in number. (10- 18 -07.)
Sec. 2 -19. Training of persons using system; maintenance of system.
It shall be the responsibility of alarm system users to provide training to employees, tenants or other
persons about activation of the alarm system in emergency situations and about proper operation of the
alarm system, including setting, activating and resetting the alarm. All instructions about alarm systems
and procedures shall be in writing and shall be available for inspection by the appropriate county
employees or agents. The user shall also be responsible for maintaining the alarm system in proper
working order. (10- 18 -07.)
Sec. 2 -20. Automatic dialing devices.
It shall be unlawful for any person to install, sell, lease, use or cause or allow to be installed, sold,
leased or used, within the county, automatic dialing devices or systems which are set or programmed to
directly contact the county emergency communications center without the prior approval of the sheriff. (10-
18 -07. )
Sec. 2 -21. Deliberate false alarms.
It shall be unlawful for any person to knowingly activate or cause to be activated an alarm system in a
non - emergency situation without just case. This shall not prohibit periodic testing of direct transmittal
systems when the county emergency communications center has been notified in advance. (10- 18 -07.)
Sec. 2 -22. Service fee for false alarms.
(a) Response by fire and /or rescue personnel. ..... Fees in the following amount shall be assessed
against commercial alarm system users for false alarms resulting in response by fire and /or rescue
personnel and occurring during any period of one hundred eighty successive days, and against
residential alarm system users during any period of ninety successive days. Alarm system users shall
pay such service fee for false alarms within thirty days of billing.
(1) First false alarm .....No charge
(2) Second false alarm .....No charge
(3) Third false alarm .....$100.00
(4) Fourth false alarm .....$250.00
(5) Fifth and subsequent false alarms .....$500.00
(b) Response by sheriffs office personnel...... Fees in the following amounts shall be assessed against
commercial alarm system users for false alarms resulting in response by sheriffs office personnel
and occurring during any period of one hundred eighty successive days, and against residential alarm
system users during any period of ninety successive days. Alarm system users shall pay such service
fee for false alarms within thirty days of billing.
(1) First false alarm .....No charge
(2) Second false alarm .....No charge
(3) Third false alarm .....$50.00
(4) Fourth false alarm .....$75.00
(5) Fifth and subsequent false alarms .....$150.00
(c) Exceptions...... Service fees shall not be charged for false alarms from alarm systems in premises
owned, leased, occupied or under the control of the United States, the Commonwealth of Virginia,
political subdivisions of the Commonwealth of Virginia, or any of their officers, agents or employees
15
while they are acting or are employed in their official capacity. However, all other requirements of this
article shall apply to such systems.
(d) Billing; interest on unpaid charges...... The chief and the sheriff shall notify the county emergency
communications center of each false alarm to which they respond and such information shall be
retained and maintained by the county emergency communications center. At the end of each month,
the emergency communications manager shall notify the Isle of Wight County Treasurer of service
fee assessments for false alarms. The emergency communications manager shall provide the name
of the alarm system user, the address of the false alarm, and the amount due for the false alarm. The
Isle of Wight County Treasurer shall bill the user and notify the emergency communications manager
when any account is more than thirty days in arrears. Any account more than thirty days in arrears
shall be subject to interest at the legal rate provided by the Code of Virginia, commencing when the
account is more than thirty days in arrears. (10- 18 -07.)
Article VII. Auxiliary Deputy Sheriff Force.
Sec. 2 -23. Establishment.
Pursuant to the authority granted under Section 15.2 -1731 of the Code of Virginia (1950, as
amended), the Isle of Wight County Sheriff is hereby authorized to establish, equip, maintain and develop
operating procedures for an auxiliary deputy sheriff force. (Ord. No. 2010 -3 -C, 3- 24 -10.)
Sec. 2 -24. Enforcement authority.
The members of the auxiliary deputy sheriff force shall meet the law enforcement officer training
requirements established by the Department of Criminal Justice Services, pursuant to Section 9.1 -102 of
the Code of Virginia (1950, as amended), and shall have the powers and authority and all the immunities
of full -time law enforcement officers. (Ord. No. 2010 -3 -C, 3- 24 -10.)
Sec. 2 -25. Appointment authority.
The Isle of Wight County Sheriff shall have the authority to appoint, as an auxiliary deputy, no more
than seventeen persons of good character as auxiliary deputy sheriffs and their appointment shall be
revocable at any time by the sheriff. (Ord. No. 2010 -3 -C, 3- 24 -10.)
Sec. 2 -26. Operational authority.
The Isle of Wight County Sheriff shall have the authority to make such appropriations as may be
necessary to arm, equip, uniform and maintain such auxiliary deputy force and shall have the authority to
prescribe the uniform, organization, and such rules as he deems necessary for the operation of the
auxiliary deputy sheriff force. (Ord. No. 2010 -3 -C, 3- 24 -10.)
Sec. 2 -27. Eligibility requirements.
Members of the auxiliary deputy sheriff force must meet all requirements established by the sheriff
and the Code of Virginia. Applicants for auxiliary deputy positions must not be employed in any position
that would constitute a conflict of interest, as determined by the sheriff and the Code of Virginia. (Ord. No.
2010 -3 -C, 3 -24 -10.1
Sec. 2 -28. When auxiliary deputy sheriffs may be called into service.
The Isle of Wight County Sheriff shall have the authority to call into service, members of the auxiliary
deputy sheriff force as may be deemed necessary:
(a) In times of public emergency,
(b) At such times as there are insufficient numbers of regular deputy sheriffs to preserve the peace,
safety and good order of the community, and
(c) At any time for the purpose of training such auxiliary deputy sheriffs. (Ord. No. 2010 -3 -C, 3 -24-
10.)
Sec. 2 -29. Jurisdictional limitations.
The members of the auxiliary deputy sheriff force shall not be required to act beyond the limits of the
jurisdiction of Isle of Wight County except when called upon by the sheriff to protect any public property
16
belonging to Isle of Wight County which may be located beyond its boundaries or as provided for in
Section 15.2 -1736 of the Code of Virginia (1950, as amended). (Ord. No. 2010 -3 -C, 3- 24 -10.)
Sec. 2 -30. Compensation.
The members of the auxiliary deputy sheriff force shall serve without compensation but shall be
eligible to tax exemptions as may be set forth in the Isle of Wight County Code. (Ord. No. 2010 -3 -C, 3 -24-
10.)
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 Hall called for a public hearing on the following:
E. Lease of Public Property for Farming Purposes
Chairman Hall called for citizens to speak in favor of or in opposition
to the lease.
County Attorney Popovich certified that the matter was properly
advertised.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Darden moved that the Chairman be authorized to execute
the lease as presented 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 Hall called for a public hearing on the following:
F. Leasing of Public Property
Chairman Hall called for citizens to speak in favor of or in opposition
to the application.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from
the Board.
Supervisor Bailey moved that the Chairman be authorized to execute
the lease as presented on behalf of the Board with Marvin Smith. 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.
%I
17
Supervisor Alphin moved that the Board return to the regular order of
the agenda. 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.
OLD BUSINESS
Benns Church Intersection Improvement Project
Mr. Haltom provided a history of the Benns Church intersection
improvement project and a status update on the VDOT revenue sharing
project, which included three (3) options recommended by staff.
Supervisor Darden moved that Option "A" be approved; that the
County Administrator be authorized to transfer capital funds in the amount of
$1,454,900; and, that the Chairman be authorized to execute the financing
contract with the Benn's Grant developers. 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.
NEW BUSINESS
There was no new business offered for discussion by the Board.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2- 3711A.7 of the Freedom of Information Act regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to the development of the ballfield off of Great Springs Road;
pursuant to Section 2.2- 3711.A.1 regarding a personnel matter involving
internal equity issues; and, pursuant to Section 2.2- 3711.A.5 regarding
discussion involving an existing business where no previous announcement
has been made of the interest in the business expanding its facility in the
community.
Supervisor Bailey moved that the Board enter the closed meeting for
the reasons stated by the County Attorney. 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 Casteen moved that the Board return to open meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Alphin moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
V.
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.
VOTF.
AYES: Bailee, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
11
At 9:40 p.m., Chairman Hall declared the meeting adjourned.
Carey Mills �—torm, elerk
i i J
19
Byron B. Bailey, Chairman