04-20-2017 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
THURSDAY, THE TWENTIETH DAY OF APRIL IN THE YEAR TWO THOUSAND AND SEVENTEEN
PRESENT:
Rex W. Alphin, Carrsvilie District
William M. McCarty, Newport District
Rudolph Jefferson, Hardy District
Richard L. Grice, Smithfield District
ABSENT:
Joel C. Acree, Windsor District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman Alphin called the meeting to order at 5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Upon motion of Supervisor McCarty, all those present voting in favor and Supervisor Acree
absent, the agenda was approved, as amended, to add under New Business the selection of a
public auditing firm and a Smithfield Intergovernmental meeting in June or July.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County Attorney
Popovich:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding
the appointment of specific appointees to County boards, committees or authorities; pursuant
to Section 2.2-3711(A)(1) regarding a discussion concerning a personnel matter related to the
compensation related to a specific appointed County employee; pursuant to Section 2.2-
3711(A)(1) regarding a discussion concerning a personnel matter related to the performance of
a specifically appointed County employee; pursuant to 2.2-3711(A)(29) regarding a discussion
of the award of a public contract with a public audit firm involving the expenditure of public
funds and discussion of the terms and scope of the contract where discussion in open session
would adversely affect the bargaining position or negotiating position of the public body.
Upon motion of Supervisor Jefferson, all voting in favor and Supervisor Acree absent from the
meeting, the Board entered the closed meeting for the reasons stated by County Attorney
Popovich.
Upon motion of Supervisor McCarty, all voting in favor and Supervisor Acree absent from the
meeting, the Board reconvened into open meeting.
Upon motion of Supervisor Jefferson, all voting in favor and Supervisor Acree absent from the
meeting, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETI
WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of
Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of
Supervisors that such closed meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the
best of each member's knowledge, (i) only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the closed meeting to which this
certification resolution applies, and (ii) only such public business matters as were identified in the
motion convening the closed meeting were heard, discussed or considered by the Board of
Supervisors.
VOTE
AYES: Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: Acree
ABSENT DURING MEETING: 1
INVOCATIONIPLEDGE OF ALLEGIANCE
The invocation was delivered by Supervisor McCarty and the Pledge of Allegiance to the
American Flag was led by Carrollton Boy Scout Troop 36.
CITIZENS' COMMENTS
Members of Boy Scout Troop 36 were introduced by Julie Branch who are in attendance to
earn their citizenship and community badges.
Charles Broadwater provided an update on the services provided by the Western Tidewater
Free Clinic.
Albert Burckard, Isle of Wight Citizens Association, requested the attendance of a Board
member at the Association's May 81" meeting to brief the Association on the process and
proposed changes envisioned for update of the County's Comprehensive Plan.
Responsive to the Board's consensus that County Administrator Keaton designate a staff
member to attend the Isle of Wight Citizens Association meeting of May 8, 2017 to provide a
briefing on anticipated changes to the County's Comprehensive Plan, County Administrator
Keaton noted that consideration of a joint work session between the Board and the Planning
Commission on June 1, 2017 is an item for discussion under the County Administrator's report
of the agenda and it was recommended that the Association be briefed following that work
session.
The Western Tidewater Free Clinic was commended for its work by Chairman Alphin.
CONSENT AGENDA
Upon motion of Supervisor McCarty, all those present voting in favor and Supervisor Acree
absent, the following Consent Agenda was approved as presented:
A. Planning Commission Resolution of Appreciation for 011ie S. King, III
B. Resolution to Proclaim the Month of May 2017 as Business Appreciation Month
in Isle of Wight County
C. Resolution to Grant Direct and Specific Signatory Authority to the County
Administrator for Transportation Project Documentation as Required by VDOT
D. Appropriation of Funds for the Debt Service Fund ($410,000) and the Economic
Development Incentive Program ($314,000)
E. Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for
Repairs to Sheriff's Department Vehicles ($2,942)
F. Minutes of February 2, 2017 Work Session and February 16, 2017 Regular
Meeting
REGIONAL AND INTER -GOVERNMENTAL REPORTS
A report entitled "Hampton Roads, State of the Workforce and Gap Analysis, 2017," was
distributed by Supervisor McCarty.
APPOINTMENTS
On motion of Supervisor Grice, all those present voting in favor and Supervisor Acree absent,
Ron Pack was reappointed for an additional four-year term representing the Smithfield District
on the Economic Development Authority.
On motion of Supervisor Grice, all those present voting in favor and Supervisor Acree absent,
Tom Hillegass was reappointed for an additional four-year term representing the Town of
Smithfield on the Economic Development Authority.
On motion of Supervisor Jefferson, all those present voting in favor and Supervisor Acree
absent, Bobby Bowser was appointed to serve a four-year term representing the Hardy District
replacing Bob Harrison on the Planning Commission.
On motion of Supervisor Jefferson, all those present voting in favor and Supervisor Acree
absent, Evelyn McCullough was reappointed for an additional two-year term on the Senior
Services of Southeastern Virginia.
On motion of Supervisor Jefferson, all those present voting in favor and Supervisor Acree
absent, Hazel Edwards was reappointed for an additional one-year term on the Southeastern
Tidewater Opportunity Project.
On motion of Supervisor Jefferson, all those present voting in favor and Supervisor Acree
absent, Jeffrey Terwilliger was reappointed for an additional two-year term on the Tidewater
Emergency Medical Services Council, Inc.
On motion of Supervisor McCarty, all those present voting in favor and Supervisor Acree
absent, (Ms.) Conway Henderson was appointed to fill the unexpired term of Elizabeth Jones
representing the Windsor District on the Blackwater Regional Library Board.
PUBLIC HEARINGS
A. Application of Preston and Valerie Artis, Owners, for a Conditional Use Permit on a 12.6
Acre Parcel Located at 18442 Muddy Cross Drive to Allow for a Home Occupation Which
Exceeds the Requirements of the Zoning Ordinance.
Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview of the
application.
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The public hearing was opened and Herb DeGroft of Mill Swamp Road spoke in favor of the
application.
The public hearing was closed.
Upon motion of Supervisor Jefferson, all those present voting in favor and Supervisor Acree
absent, the application was approved with the recommended conditions.
B. Application of William Edwards, Southern Casting, LLC, Owner and Applicant, for a
Conditional Use Permit on 6.99 acres of Land, Tax Parcel Identification Number 69E-01-
001, Located at 33211 Lees Mill Road to Allow for a Concrete and Asphalt Plant on a
Parcel Zoned General Industrial.
Trenton Blowe, Planner, provided an overview of the application.
The public hearing was opened and Billy Edwards, the applicant, asked the Board's approval of
his application.
The public hearing was closed.
Upon motion of Chairman Alphin, all those present voting in favor and Supervisor Acree
absent, action on the application was postponed until questions are answered in regards to
noise and dust, necessary permits, suitability of the soil and the overall viability of the business.
C. Ordinance to Amend and Reenact the Following Section of the Isle of Wight County
Code, Appendix B, Zoning: Article V, Supplementary Use Regulations; Section 5000.G,
Walls and Fences; in Order to Provide an Exemption for Fences or Walls Existing Prior to
the Adoption of the Zoning Ordinance Effective August 30, 2005, on a Property
Designated as a National Historic Landmark Located in a Designated Historic Overlay
District
Amy Ring, Director of Planning & Zoning, provided an overview of the proposed amendments
to the ordinance.
The public hearing was opened and Lawrence Pitt, Historic St. Luke's Restoration, spoke in
favor.
The public hearing was closed.
Upon motion of Supervisor McCarty, all those present voting in favor and Supervisor Acree
absent, the following Ordinance amendment was adopted:
An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and
Reenacting the Following Articles of Appendix B, Zoning: Article V, Supplementary Use
Regulations; Section 2000; in order to provide an exemption for fences or walls existing prior
to the adoption of the zoning ordinance effective August 30, 2005, on a property designated
as a National Historic Landmark located in a designated historic overlay district.
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative
authority to make reasonable changes to the ordinances that govern the orderly growth and
development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the
compatibility of uses on public and private lands within Isle of Wight County and seeks to allow
flexibility in the administration of the ordinance regulations while protecting the health, safety,
and general welfare of present and future residents and businesses of the County_
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that
Article V, Section 2000, Supplementary density and dimensional regulations; of the Isle of
Wight County Code be amended and reenacted as follows:
Sec. 5-2000. - Supplementary density and dimensional regulations.
A. Accessory building requirements.
1. The square footage of an accessory building shall not exceed the square footage of the
primary structure.
2. The following provisions shall regulate the location of accessory buildings with respect
to required yards:
a. Accessory buildings shall be prohibited in any required yard which adjoins a
street, except as permitted under subsection 5-2000.E.3.
b. Accessory buildings shall be located at least five (5) feet from any required rear lot
boundary lines.
c. Where an accessory building is located in a zoning district requiring a side yard
and such building is entirely to the rear of the principal structure, the accessory
building shall be located at least five (5) feet from any adjoining lot line.
d. Accessory buildings shall not exceed the maximum height restriction for the zone
in which such structures are located, except as specified in subsection 5-2000.D.2.
B. Accessory uses and structures not permitted prior to principal uses or structures...... No
accessory use or structure shall be permitted on a lot unless the principal use or structure
is in existence previously or until construction of the principal structure is initiated.
1. Exception...... A one-story tool and storage shed may be allowed on a vacant lot
zoned RAC for on-site property maintenance provided that the building area does not
exceed two hundred fifty-six (256) square feet and the structure meets the following
criteria:
a. The building eave height is ten (10) feet or less.
b. The maximum height from the finished floor level to grade does not exceed
eighteen (18) inches.
c. The supporting structural elements in direct contact with the ground shall be
placed level on firm soil and when elements are wood they shall be approved
pressure preservative treated suitable for ground use contact.
d. The structure is anchored to withstand wind loads as required by the Virginia
Construction Code.
e. The structure shall be of light -frame construction whose vertical and horizontal
structural elements are primarily formed by a system of repetitive wood or light
gauge steel framing members, with walls and roof of light weight material, not
slate, tile, brick or masonry.
f. Application for a conditional use permit may be made to allow construction of a
utility/storage building that exceeds two hundred fifty-six (256) square feet and
shall be reviewed with consideration given to the property acreage and the
reason a larger building is required for property maintenance and storage.
C. Building height limitations.
1. For purposes of this section:
a. Except as hereinafter provided, no building or structure, or part thereof, shall
hereafter be erected or altered to a height greater than the maximum specified
for the respective zone.
D. Exceptions to height limits...... Notwithstanding other regulations in this article or the
maximum specified for the respective zone, the following structures shall be permitted:
1. Church spires, belfries, cupolas, monuments, chimneys, utility transmission towers,
water towers, fire towers, cooling towers, elevator penthouses, monuments or towers
used in the manufacturing process, or other similar structures, may be permitted to
exceed the height stipulated in the schedule of zone regulations by no more than
twenty-five percent (25%) if attached to a building or to a maximum of one hundred
(100) feet if freestanding. The zoning administrator shall determine whether a
proposed height increase is reasonable and serves a function beyond merely drawing
attention to the structure. If an increase above a total of one hundred (100) feet is
desired, a conditional use permit must be obtained.
2. Except as noted above, no accessory building or structure shall exceed the maximum
height limitation established for the zoning district or the height of the structure to
which it is accessory, whichever is less, provided, however, that structures which are
accessory to a single -story structure may be constructed to a maximum height not
exceeding one hundred twenty-five (125) percent of the height of the principal
structure. In cases where this is permitted, the accessory structure shall be separated
from the principal residential structure by a distance of at least twenty (20) feet.
3. Buildings or structures used in conjunction with a bona fide agricultural use or
operation in the rural/agricultural conservation (RAC) district shall be exempt from the
height limits specified in the zoning district regulations.
4. Solar heating and solar collection devices provided such devices do not exceed by
more than five (5) feet the otherwise permitted maximum height for the zone in
which they are located.
5. The Isle of Wight County Board of Supervisors with a recommendation by the planning
commission may authorize an exemption to the height regulations. In granting
exemptions, the board of supervisors with a recommendation by the planning
commission may impose reasonable conditions. No exemption shall be granted which
exceeds the height limitations of section 5-3000 (restrictions adjacent to airports).
6. Towers and antennas are allowed to the extent authorized in each zoning district.
E. Building setback requirements...... No portion of any building or other structure may be
located on any lot closer to any lot line or to the street right-of-way line than is authorized
in each zoning district.
1. Future highway rights-of-way...... Wherever future highway rights-of-way have been
established by official action by the board of supervisors or the Virginia Department of
Transportation, these rights-of-way shall be used as the basis for determining required
setbacks.
2. Setback measurement from right-of-way.
a. If the street right-of-way line is readily determinable (by reference to a recorded
map, set irons, or other means), the setback shall be measured from such right-
of-way line.
b. In any district, on any lot which fronts on a road having a right-of-way less than
fifty (50) feet wide or of undetermined width, the required minimum front yard
setback line shall be measured from a point twenty-five (25) feet from the center
of such street right-of-way.
3. Front yard requirements in developed areas. ..... Where existing buildings or
structures occupy lots comprising at least fifty percent (50%) of the lots within a block,
and the average front yard depth of the existing buildings or structures is less than
that required by this ordinance, the average so established may be taken in lieu of
that which is normally required, provided that in no case shall a front yard depth so
determined be less than twenty (20) feet, or less than the setback line denoted on a
recorded subdivision plat, whichever is greater. For the purpose of this calculation,
lots on the same side of a street on either side of the lot in question for a distance of
six hundred (600) feet or to the nearest street intersection, whichever is less, shall be
considered.
4. Front yards on through lots...... On any lot that runs through a block from street to
street, a front yard as otherwise required in the zone shall be provided along each
street lot line.
F. Side yards.
1. Side yards decreased for narrow lot...... For each foot by which a nonconforming lot of
record at the time of enactment of this ordinance is narrower than fifty (50) feet, and
where the owner of record does not own any adjoining property, one and one-half
(1%) inches may be deducted from the required minimum width of any side yard for
building not exceeding two and one-half (2%) stories in height; provided, however,
that no side yard shall be narrower at any point than three (3) feet in any case.
2. Side yards increased for deep buildings...... In any zone where a side yard is required,
the least width of each side yard shall be increased by one (1) inch for each foot by
which the side wall of a building adjacent to a side yard exceeds fifty (50) feet in
overall depth.
3. Corner lot...... On a corner lot in any zone, both yards fronting the street shall equal
the required minimum frontage, width and front yard setback for that zone. Of the
two (2) sides of the corner lot, the front shall be deemed to be the shorter of the two
(2) sides fronting on the streets.
4. Side yard exceptions for attached dwellings...... In the case of attached dwelling units,
the entire structure shall be considered as a single building with respect to side yard
requirements.
5. Measure of setback distances or required yards...... Setback distances or required
yards shall be measured from the property line or street right-of-way line to a point
on the lot that is directly below the nearest extension of any part of the building that
is substantially a part of the building itself and not a mere appendage to it (such as a
flagpole, etc.).
G. Walls and fences.
I. Unless otherwise provided for by this ordinance, fences or walls not more than six (6)
feet in height may be located in any required side or rear yard in any district, other
than a required yard adjacent to a street except as follows:
a. On parcels zoned or occupied by a single-family or two-family residence, no fence
or wall which creates a solid screen may exceed two and one-half (2%) feet in
height in any required front yard, except that fences having a uniform open area
of fifty percent (50%) or more may be erected to a maximum height of four (4)
feet in such required yards.
b. On parcels zoned for or occupied by any use other than a single-family or two-
family dwelling, no fence or wall that creates a solid screen may exceed three and
one-half (3%) feet in height in any required front yard, except that fences having a
uniform open area of fifty percent (50%) or more may be erected to a maximum
height of four (4) feet in such yards.
c. Heights shall be measured from the average ground level adjacent to the fence or
wall and shall exclude columns and posts.
2. Open wire fences not exceeding eight (8) feet in height may be erected in any
required yard when wholly or partially enclosing any public school, park, recreational
or playground site or a public utility. Height shall be measured from the average level
of the ground adjacent to the fence or wall.
3. Fences erected for agricultural purposes are exempt from this section.
4. The height, design, and location of fences in required yards erected in conjunction
with a bona fide and permitted industrial use or operation may be exempt from this
section subject to the review and approval of the zoning administrator.
5. The height, design, and location of fences or walls in required yards erected in
conjunction with an electrical utility station or substation may be exempt from this
section subject to the review and approval of the zoning administrator.
6. The height and location of fences or walls existing prior to the adoption of this
zoning ordinance effective August 30, 2005, on a property designated as a
National Historic Landmark located in a designated historic overlay district may
be exempt from this section subject to the review and approval of the zoning
administrator.
H. Projections and yard setback modifications.
1. Covered, unenclosed front porches...... Covered, unenclosed porches, decks, landings,
steps, terraces, patios or platforms, open on three (3) sides except for necessary
supporting columns and customary architectural features, may be permitted in a
required front yard provided that such structure shall not be more than eight (8) feet
in width and shall not project more than three (3) feet into such yard.
2. Covered unenclosed porches permitted in required side or rear yard...... Covered,
unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on
three (3) sides except for necessary supporting columns and customary architectural
features, may be permitted in required side or rear yards provided that no such
structure, shall project closer than three (3) feet to any side lot line, that no such
structure shall be more than one (1) story in height or more than twenty-four (24) feet
in length, and that no such structure shall project more than eight (8) feet into any
required rear yard.
3. Uncovered porches...... Uncovered porches, decks, landings, steps, terraces, patios or
platforms which do not extend above the level of the first floor of the building (except
for railings and railing supports) may project into any required front, side or rear yard
or court not to exceed eight (8) feet.
4. [Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills,
canopies, or other similar architectural features.] ..... Architectural features, chimneys,
air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar
architectural features (but not including bay windows or vertical projections) may
project into a required side yard not more than eighteen (18) inches, but not closer
than three (3) feet to the side lot line, and may not exceed thirty-six (36) inches.
Chimneys and air conditioners may project into any yard not more than eighteen (18)
inches, but air conditioners rated at twenty-four thousand (24,000) BTU or less shall
not be so placed as to discharge air within five (5) feet of side yard lines, and those
rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of
side yard lines, other than side yard lines adjacent to streets.
5. Open fire escapes...... Open, unenclosed fire escapes may project not more than four
(4) feet into any required yard, but shall not project closer than three (3) feet to any
side lot line.
6. Open stairways and balconies. ..... Open, unenclosed stairways or balconies, not
covered by a roof or canopy, may extend or project into a required rear yard only, not
more than four (4) feet, but shall not be within three (3) feet of any property line.
7. Exemption of front yard setback for handicap ramps...... Handicap ramps used for
residence(s) of a single-family dwelling shall be allowed to encroach into the required
front yard setback. The ramp must be built in accordance with the American
Disabilities Act as it pertains to wheelchair accessibility. In no instances shall the ramp
be covered.
Frontage.
1. Where lot lines are established radially from a curved street so as to increase the
width of the lot, the lot frontage in such cases shall be measured along the chord of
such curved street.
N.
2. For lots fronting on the turning circle of a cul-de-sac, individual lot frontage may be
reduced to not less than fifty percent (50°x) of the minimum lot width for the
respective zoning district. Frontage for such lots shall be measured along the chord of
the cul-de-sac street.
J. Lots with existing dwellings...... On a lot with one (1) or more existing dwelling units, no
zoning permit shall be used for an additional single-family dwelling except as specifically
permitted in this ordinance. Where a new residence is intended to replace an existing unit,
the demolition permit for the existing unit shall be issued by the building official prior to or
at the same time as the zoning permit for the new dwelling.
K. Minimum lot size.
1. All lots shall have at least the amount of square footage indicated for the appropriate
zoning and overlay districts. The total floor area in all buildings on the lot shall be
considered in determining the adequacy of lot area.
2. For permitted uses utilizing individual sewage systems, the required area for any such
use shall be approved by the health department. The zoning administrator may
require a greater area if considered necessary by the health department.
L. Recreational vehicles and watercraft...... In all districts it shall be permissible to store
out-of-doors recreational vehicles and watercraft as an accessory use only in
accordance with the following:
1. Such vehicles or watercraft shall be placed in the rear or side yards only, and shall be
located at least five (5) feet from all property lines. This provision shall not apply to
recreational vehicles or watercraft stored within completely enclosed structures.
2. Recreational vehicles shall not be used as living quarters, and may only be otherwise
occupied in accordance with district regulations.
M. Required yard not to be reduced...... No lot shall be reduced in area so as to make any
yard or any other open space less than the minimum required by this article, and if already
less than the minimum required, such yard or open space shall not be further reduced,
except by approval of the board of zoning appeals. No part of a yard or other open space
provided for any building, structure or use for the purposes of complying with the
provisions of this article shall be considered as part of a yard or other open space required
under this article for another building, structure or use except in the case of developments
which are planned developments or cluster developments and provision is made for
shared use of open space.
N. Residential density.
1. Only one (1) single-family detached dwelling shall be permitted on any lot, except that
accessory apartments and temporary residences shall be permitted as otherwise
allowed in this ordinance.
2. In determining the number of dwelling units permissible on a lot, parcel, or tract of
land, fractions shall be rounded to the nearest whole number.
0. Sight triangles.
1. To promote visibility for pedestrians and the operators of motor vehicles, a clear sight
triangle shall be established at the intersecting rights-of-way of any two (2) streets.
The legs of this sight triangle shall be twenty-five (25) feet in length. They shall begin
at the point of intersection of the two (2) street rights-of-way, and shall extend
twenty-five (25) feet along each right-of-way line. The triangle shall be formed by
connecting the endpoints of these two (2) lines.
2. Landscape plantings or other objects constructed, placed, or permanently parked
within the sight triangle of roadway or driveway intersections shall conform to Virginia
Department of Transportation guidelines for height. This shall not apply to fire
hydrants.
P. Widening of public rights-of-way and roads...... Whenever there shall be plans or other
official documents in existence, approved by either the Virginia Department of
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Transportation, the Commonwealth Transportation Board, or the board of supervisors
which provides for proposed relocation or widening of any public right -of way, road, or
street, the board may require additional yard setbacks for any new construction or for any
structures altered or remodeled adjacent to the future planned right-of-way, in order to
preserve and protect the land area needed for such proposed public right -of- way, road, or
street widening. No structure or part of a structure shall be permitted to be erected within
the lines of such proposed public street or highway and all setbacks governing the location
of such structures shall be measured from the future public right-of-way, where
established.
Q. Building footprint...... Any single use building, other than an industrial use, containing a
building footprint of eighty thousand (80,000) square feet or more measured from the
outside perimeter of the building shall require a conditional use permit in accordance with
section 1-1017 of this ordinance prior to design or construction. For purposes of this
section the square footage of a single user building shall include all buildings located
within one-quarter (%) mile owned or operated by essentially the same establishment, as
determined by the zoning administrator.
R. [Fishing, hunting and trapping.] ..... Fishing, hunting and trapping is permitted in the Rural
Agricultural Conservation (RAC) zoning district with the permission of the property
owner(s), and as may be otherwise governed by the Commonwealth and the Isle of Wight
County Code. (7-7-05; 4-19-07; 5-19-14; 9-17-15; 11-17-16.)
D. Bond Resolutions
Resolution Authorizing the Issuance of General Obligation Public Improvement
Bonds of IOWC, Virginia, in an Aggregate Principal Amount Not to Exceed
$7,900,000
Resolution Providing for the Issuance, Sale and Award of a General Obligation
Public Improvement Bond of IOWC, Virginia, in a Principal Amount Not to
Exceed $7,900,000 and Providing for the Form, Details and Payment Thereof
Resolution Amending Resolutions Authorizing the Issuance of General
Obligation Public Improvement Bonds of Isle of Wight County, Virginia,
on March 24, 2010, on May 12, 2011, and August 16, 2012.
Jimmy Sanderson, Davenport & Company, provided an overview of bids received.
The public hearing was opened and Julie Branch, Windsor District, shared her reflections of the
proposed educational plan designed to create a learning environment that will enable all
children to discover their unique gifts and talents.
Joe Puglisi, Newport District, spoke against the proposed educational plan due to the exclusion
of appropriate elected officials in the planning process during the plan's initial preparation to
the public.
Albert Burckard, Newport District, voiced opposition to the issuance of a bond for a fourteen -
year period because of its obligation to the taxpayers to repay a loan to build structures for a
temporary and transitory program.
Thomas Griffin, Windsor District, spoke against the issuance of a bond stating this educational
plan should be a capital improvement and included in the Capital Improvement Program for
the school division.
Christi Chatham, Smithfield District, spoke in favor of the plan noting that the 40% of County
students who will enter the workforce out of high school instead of attending college will now
have career choices.
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Kristin Cook, Smithfield District, spoke in support because of the opportunity it will afford
County students who will enter the workforce from high school.
Lynn Faulkner of Days Point Road spoke in support of the bond issuance, but requested that
the Board be very specific in terms of the loan so that the funds to pay for the program come
from the School Division versus County citizens.
Tracey Reutt of Mill Swamp Road relayed a young student's enthusiasm at the prospect of
learning construction, specifically the laying of sheetrock.
Edmond Easter of Hideaway Lane spoke in favor of the bond issuance noting that the School's
plan is well thought out and will make a difference in the lives of County students.
Vicki Hulick, Newport District, spoke in favor of the proposed bond issuance which benefits all
County students and entices businesses to locate in the County because of its skilled labor
workforce.
Dr. James Thornton, Superintendent of Isle of Wight County Schools, spoke in favor of the
proposed issuance of bonds which will afford students with other gifts and talents the
opportunity to be successful and workforce ready upon completion of high school.
Mark Mabey, Executive Director of Secondary Schools, spoke in favor because of this plan's
benefit to all County students. He shared that there are many businesses who have expressed
excitement about this proposal which is important for the County's growth.
Herb DeGroft of Mills Swamp Road spoke in favor of the proposed plan with close controls
being implemented by the Board.
The public hearing was closed.
Upon motion of Supervisor Grice, all those present voting in favor and Supervisor Acree absent,
the following Resolution was adopted:
RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $7,900,000
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section
15.2-2639 (formerly Section 15.1-227.40) of the Code of Virginia of 1950, as amended (the
"Code"), Isle of Wight County, Virginia (the "County"), has elected by affirmative vote of the
qualified voters of the County, to be treated as a city for the purpose of issuing its bonds;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA:
1. It is determined to be necessary and expedient for the County to finance the
acquisition, construction and equipping of facilities and equipment for public school purposes
and uses (the "Project"), to borrow money for such purpose and to issue the County's general
obligation public improvement bonds therefor.
2. Pursuant to the Constitution and statutes of the Commonwealth of Virginia,
including the Public Finance Act of 1991, there are authorized to be issued general obligation
public improvement bonds of the County in an aggregate principal amount not to exceed
$7,900,000 to provide funds to finance the costs of the Project.
3. The bonds shall bear such date or dates, mature at such time or times not
exceeding 40 years from their dates, bear interest at such rate or rates, be in such
denominations and form, be executed in such manner and be sold at such time or times and in
such manner as the Board of Supervisors may hereafter provide by appropriate resolution or
resolutions.
4. The bonds shall be general obligations of the County for the payment of
principal of and premium, if any, and interest on which its full faith and credit shall be
irrevocably pledged.
S. The County intends that the adoption of this Resolution be considered as
"official intent" within the meaning of Treasury Regulations, Section 1.150-2, promulgated
under the Internal Revenue Code of 1986, as amended.
6. The Clerk of the Board of Supervisors, in collaboration with the County Attorney,
is authorized and directed to see to the immediate filing of a certified copy of this Resolution in
the Circuit Court of Isle of Wight County, Virginia.
7. This Resolution shall take effect immediately.
Upon motion of Supervisor Jefferson, all those present voting in favor and Supervisor Acree
absent, the following Resolution was adopted:
RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A GENERAL OBLIGATION
PUBLIC IMPROVEMENT BOND OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT
NOT TO EXCEED $7,900,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT
THEREOF
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section
15.2-2639 (formerly Section 15.1-227,40) of the Code of Virginia of 1950, as amended, Isle of
Wight County, Virginia (the "County"), has elected by affirmative vote of the qualified voters of
the County to be treated as a city for the purpose of issuing its bonds;
WHEREAS, the Board of Supervisors of the County (the "Board") adopted a resolution on April
20, 2017, authorizing the issuance of general obligation public improvement bonds of the
County in a maximum aggregate principal amount of $7,900,000 to finance the acquisition,
construction and equipping of facilities and equipment for public school purposes and uses
(the "Project"), none of which bonds has been issued and sold;
WHEREAS, the Board desires to issue a general obligation public improvement bond (as further
described herein, "the Bond") in a principal amount not to exceed $7,900,000 to finance the
Project and to pay the costs of issuing the Bond;
WHEREAS, the County administration and a representative of Davenport & Company LLC, the
County's financial advisor (the "Financial Advisor"), have recommended to the Board that the
County issue and sell the Bond through a loan with a commercial banking or other financial
institution;
WHEREAS, at the request of the County, the Financial Advisor has solicited bids for a loan
evidenced by the Bond; and
WHEREAS, the Board desires to delegate to the County Administrator the authority to award
the Bond and to determine the final terms of the Bond within certain parameters set forth
below;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA:
1. Issuance of Bond. Pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the Public Finance Act of 1991, the Board hereby provides
for the issuance and sale of the Bond evidencing a loan to provide funds to finance the Project
and to pay related costs of issuance. Further, the Board hereby authorizes the County
Administrator to determine, in collaboration with the Financial Advisor, which bid is in the best
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interests of the County to accept and to award the Bond to such commercial banking or other
financial institution (the "Bank").
2. Details of Bond. The Bond shall be designated "General Obligation Public
Improvement Bond, Series 2017," or such other designation as shall be determined by the
County Administrator, shall be in registered form, shall be dated such date as determined by
the County Administrator and shall be numbered R-1. The Bond shall be sold to the Bank with
final terms that the County Administrator, in collaboration with the Financial Advisor,
determines to be in the best interests of the County; provided, however, that the Bond shall (a)
be issued in a principal amount not to exceed $7,900,000, (b) bear interest at an annual rate
not to exceed 3.00%, subject to adjustment, if any, as determined by the County Administrator,
(c) be sold to the Bank at a price of 100% of the original principal amount thereof, and (d)
mature no later than December 31, 2031.
Interest on the Bond shall be payable semi-annually on dates determined by the County
Administrator. Principal on the Bond shall be payable in installments in amounts and on dates
determined by the County Administrator. Following the determination of the final terms, the
County Administrator shall execute a certificate setting forth such final terms and shall file such
certificate with the records of the Board. The actions of the County Administrator in entering
into the loan evidenced by the Bond shall be conclusive, and no further action with respect to
the sale and issuance of the Bond shall be necessary on the part of the Board.
If the date on which any payment is due with respect to the Bond is not a Business Day (as
hereinafter defined), the payment shall be made on the next succeeding Business Day.
"Business Day" shall mean a day on which banking business is transacted, but not including a
Saturday, Sunday, legal holiday or any other day on which banking institutions are authorized
by law to close in the Commonwealth of Virginia.
Principal and interest shall be payable by the Registrar (as hereinafter defined) by check or
draft mailed to the registered owner at the address as it appears on the registration books kept
by the Registrar on the dates selected by the County Administrator as the record dates for the
Bond (the "Record Dates"); provided, however, that at the request of the registered owner of
the Bond, payment will be made by wire transfer pursuant to the most recent wire instructions
received by the Registrar from such registered owner. Principal, premium, if any, and interest
shall be payable in lawful money of the United States of America.
3. Redemption Provisions. Subject to the limitations contained herein, the County
Administrator is hereby authorized to determine the redemption provisions of the Bond. Such
redemption provisions may include the payment of a call premium not to exceed 3.00% of the
par amount of the Bond (or portion thereof) to be redeemed and/or may include a "make -
whole" payment based on market conditions, all as the County Administrator may determine
to be in the best interests of the County.
4. Execution and Authentication. The Bond shall be signed by the manual or
facsimile signature of the Chairman or Vice Chairman of the Board and shall be countersigned
by the manual or facsimile signature of the Clerk or Deputy Clerk of the Board, and the Board's
seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if
both of such signatures are facsimiles, the Bond shall not be valid until it has been
authenticated by the manual signature of an authorized officer or employee of the Registrar
and the date of authentication noted thereon.
5. Form of Bond. The Bond shall be in substantially the form of Exhibit A attached
hereto, with such completions, omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the officers signing the Bond, whose approval shall be
evidenced conclusively by the execution of the Bond and delivery thereof to the Bank.
6. Pledge of Full Faith and Credit. The full faith and credit of the County are
irrevocably pledged for the payment of principal of and premium, if any, and interest on the
Bond. Unless other funds are lawfully available and appropriated for timely payment of the
Bond, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes
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authorized or limited by law and without limitation as to rate or amount, on all locally taxable
property in the County sufficient to pay when due the principal of and premium, if any, and
interest on the Bond.
7. Registration, Transfer and Owners of Bond. The County Treasurer is hereby
appointed to act as the registrar and paying agent for the Bond (the "Registrar"). Upon
request of the County Treasurer, the Board may appoint a bank or trust company to serve as
successor paying agent and registrar for the Bond. The Registrar shall maintain registration
books for the registration and registration of transfers of the Bond. Upon presentation and
surrender of the Bond at the office of the County Treasurer, or the corporate trust office of the
Registrar if the County Treasurer is no longer serving as Registrar, together with an assignment
duly executed by the registered owner or its duly authorized attorney or legal representative in
such form as shall be satisfactory to the Registrar, the County shall execute and the Registrar
shall authenticate, if required by Section 4, and deliver in exchange a new Bond having an
equal aggregate principal amount, of the same form and maturity, bearing interest at the same
rate and registered in names as requested by the then registered owner or its duly authorized
attorney or legal representative. Any such exchange shall be at the expense of the County,
except that the Registrar may charge the person requesting such exchange the amount of any
tax or other governmental charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person exclusively entitled to payment
of principal, premium, if any, and interest and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the person shown as owner on the
registration books on the Record Dates.
8. Preparation and Delivery of Bond. After the Bond has been awarded, the
Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and
directed to take all proper steps to have the Bond prepared and executed in accordance with
its terms and to deliver the Bond to the Bank upon payment therefor.
9. Mutilated, Lost or Destroyed Bond. If the Bond has been mutilated, lost or
destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange
and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in
substitution for such lost or destroyed Bond; provided, however, that the County shall so
execute and deliver only if the registered owner has paid the reasonable expenses and charges
of the County in connection therewith and, in the case of a lost or destroyed Bond, (a) has filed
with the County evidence satisfactory to the County that such Bond was lost or destroyed and
(b) has furnished to the County satisfactory indemnity.
10. Deposit of Bond Proceeds. The County Treasurer and the Director of Budget and
Finance, either of whom may act, are authorized and directed to provide for the deposit of the
proceeds of the Bond in a special account to be used to pay the costs of the Project and the
costs incurred in issuing the Bond.
11. Arbitrage Covenants. (a) The County represents that there have not been
issued, and covenants that there will not be issued, any obligation that will be treated as part
of the same "issue" as the Bond within the meaning of Treasury Regulations Section 1.150(c).
(b) The County covenants that it shall not take or omit to take any action the taking
or omission of which will cause the Bond to be an "arbitrage bond" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended, or otherwise cause interest on
the Bond to be includable in the gross income for federal income tax purposes of the
registered owner thereof under existing law. Without limiting the generality of the foregoing,
the County shall comply with any provision of law that may require the County at any time to
rebate to the United States any part of the earnings derived from the investment of the gross
proceeds of the Bond, unless the County receives an opinion of nationally recognized bond
counsel that such compliance is not required to prevent interest on the Bond from being
includable in the gross income for federal income tax purposes of the registered owner thereof
under existing law. The County shall pay any such required rebate from its legally available
funds.
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12. Non -Arbitrage Certificate and Elections. Such officers of the County as may be
requested by bond counsel for the County are authorized and directed to execute an
appropriate certificate setting forth (a) the expected use and investment of the proceeds of the
Bond in order to show that such expected use and investment will not violate the provisions of
Section 148 of the Code, and (b) any elections such officers deem desirable regarding rebate of
earnings to the United States for purposes of complying with Section 148 of the Code. Such
certificate shall be prepared in consultation with bond counsel for the County, and such
elections shall be made after consultation with bond counsel.
13. Limitation on Private Use. The County covenants that it shall not permit the
proceeds of the Bond or the facilities financed therewith to be used in any manner that would
result in (a) 5% or more of such proceeds or facilities being used in a trade or business carried
on by any person other than a governmental unit, as provided in Section 141(b) of the Code,
(b) 5% or more of such proceeds or facilities being used with respect to any output facility
(other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of
the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or
finance loans to any persons other than a governmental unit, as provided in Section 141(c) of
the Code; provided, however, that if the County receives an opinion of nationally recognized
bond counsel that any such covenants need not be complied with to prevent the interest on
the Bond from being includable in the gross income for federal income tax purposes of the
registered owner thereof under existing law, the County need not comply with such covenants.
14. Qualified Tax -Exempt Obligation. The County Administrator is hereby
authorized to designate the Bond (or a portion thereof) as a "qualified tax-exempt obligation"
for the purpose of Section 265(b)(3) of the Code if the County Administrator determines that it
is in the best interests of the County to do so and that the County can satisfy the requirements
of Section 265(b)(3). Before designating the Bond as a "qualified tax-exempt obligation," the
County Administrator must determine as follows:
(a) The County will in no event designate more than $10,000,000 of obligations,
including the Bond, as qualified tax-exempt obligations in calendar year 2017 for the purpose
of such Section 265(b)(3);
(b) The County, all its "subordinate entities," within the meaning of such Section
265(b)(3), and all entities that issue tax-exempt obligations on behalf of the County and its
subordinate entities have not issued, when aggregated with the Bond, more than $10,000,000
of tax-exempt obligations in calendar year 2017 (excluding for this purpose "private activity
bonds," within the meaning of Section 141 of the Code, other than "qualified 501(c)(3) bonds,"
within the meaning of Section 145 of the Code);
(c) Barring circumstances unforeseen as of the date of delivery of the Bond, the
County will not issue tax-exempt obligations itself or approve the issuance of tax-exempt
obligations of any of such other entities if the issuance of such tax-exempt obligations would,
when aggregated with the Bond and all other tax-exempt obligations theretofore issued by the
County and such other entities in calendar year 2017, result in the County and such other
entities having issued a total of more than $10,000,000 of tax-exempt obligations in calendar
year 2017 (excluding for this purpose private activity bonds, other than qualified 501(c)(3)
bonds); and
(d) The County has no reason to believe that the County and such other entities will
issue tax-exempt obligations in calendar year 2017 in an aggregate amount that will exceed
such $10,000,000 limit.
Should the County receive an opinion of nationally recognized bond counsel that compliance
with one or more of the covenants set forth in (a) and (c) above is not required for the Bond to
be a qualified tax-exempt obligation, the County need not comply with such covenant(s).
15. SNAP Investment Authorization. The Board has received and reviewed the
Information Statement describing the State Non -Arbitrage Program of the Commonwealth of
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Virginia ("SNAP") and the Contract Creating the State Non -Arbitrage Program Pool (the
"Contract"), and the Board has determined to authorize the County Treasurer to utilize SNAP in
connection with the investment of the proceeds of the Bond, if the County Treasurer
determines that the utilization of SNAP is in the best interests of the County. The Board
acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not
be, in any way liable to the County in connection with SNAP, except as otherwise provided in
the Contract.
16. Other Actions. All other actions of officers of the County in conformity with the
purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond
are ratified, approved and confirmed. The officers of the County are authorized and directed
to execute and deliver all certificates and instruments and to take all such further action as
may be considered necessary or desirable in connection with the issuance, sale and delivery of
the Bond.
17. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
18. Filing. The Clerk of the Board, in collaboration with the County Attorney, is
authorized and directed to see to the immediate filing of a certified copy of this Resolution in
the Circuit Court of Isle of Wight County, Virginia.
19. Effective Date. This Resolution shall take effect immediately.
Upon motion of Supervisor McCarty, all those present voting in favor and Supervisor Acree
absent, the following Resolution was adopted:
RESOLUTION AMENDING RESOLUTIONS AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION PUBLIC IMPROVEMENT BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, ON MARCH
24, 2010, MAY 12, 2011, AND AUGUST 16, 2012
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia (the "County"), previously
adopted the following resolutions authorizing the issuance of general obligation public
improvement bonds of the County in the maximum principal amounts stated below (the "Prior
Resolutions"):
(a) A Resolution Authorizing the Issuance of General Obligation Public Improvement
Bonds of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed
$23,500,000, adopted on March 24, 2010;
(b) A Resolution Authorizing and Providing for the Issuance and Sale of General
Obligation Public Improvement and Refunding Bonds and General Obligation
Indebtedness, Each of Isle of Wight County, Virginia, in an Aggregate Principal
Amount Not to Exceed $28,500,000, and Providing for the Form, Details and
Payment Thereof and Providing for the Refunding of Certain General Obligation
Bonds of the County, adopted on May 12, 2011; and
(c) A Resolution Authorizing the Issuance of General Obligation Public Improvement
Bonds of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed
$22,000,000, adopted on August 16, 2012; and
WHEREAS, it is the desire of the Board of Supervisors of the County that the purposes of such
bonds be amended to broaden the purposes for which such bonds have been authorized, and
that all other conditions and requirements of the Prior Resolutions shall remain unchanged;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA:
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8. The Prior Resolutions shall be amended to add to the existing purposes
described therein the acquisition, construction and equipping of facilities and equipment for
transportation purposes and uses.
9. Except as amended by this Resolution, all other conditions and requirements of
the Prior Resolutions shall remain unchanged.
10. The Clerk of the Board of Supervisors, in collaboration with the County Attorney,
is authorized and directed to see to the immediate filing of a certified copy of this Resolution in
the Circuit Court of Isle of Wight County, Virginia.
11. This Resolution shall take effect immediately.
H
Following a break, the Board returned to open session and Chairman Alphin called for a public
hearing on the following:
E. FY2017-18 Operating and Capital Budgets and Related Ordinances and Resolution
County Administrator Keaton provided highlights of the proposed budget which contains no
increases except for the Machinery & Tools tax.
The public hearing was opened and comments from citizens were solicited. There being none,
the public hearing was closed.
Those in attendance were reminded that the Code of Virginia stipulates that no action can be
taken for a minimum of seven days following the public hearing.
F. Lease of Real Property for Office Space
County Attorney Popovich represented the request of Sirens Media, LLC to rent office space at
the courthouse complex for $500 per month for a period of approximately four months during
the filming on a documentary on the Sheriff's office.
The public hearing was opened and comments from citizens solicited. There being none, the
public hearing was closed.
Upon motion of Supervisor Jefferson, all those present voting in favor and Supervisor Acree
absent, the lease for office space to Sirens Media, LLC was authorized.
G. Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and
Reenacting Chapter 15, Taxation, Section 15-4.2, Motor Vehicles Equipped for
Transportation of Physically Handicapped and Certain Motor Vehicles Owned by
Volunteer Rescue Squad Members and Volunteer Firemen Exempt from Taxation
County Attorney Popovich briefed the Board regarding the need for a technical amendment to
the Ordinance which breaks a subparagraph into two separate paragraphs so that there is no
confusion as to whether the paragraphs relate to one another.
The public hearing was opened and comments solicited. There being none offered, the public
hearing was closed.
Upon motion of Supervisor McCarty, all those present voting in favor and Supervisor Acree
absent, the following Ordinance amendment was adopted -
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE
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BY AMENDING AND REENACTING CHAPTER 15. TAXATION. SECTION 15-4.2. MOTOR
VEHICLES EQUIPPED FOR TRANSPORTATION OF PHYSICALLY HANDICAPPED AND CERTAIN
MOTOR VEHICLES OWNED BY VOLUNTEER RESCUE SQUAD MEMBERS AND VOLUNTEER
FIREMEN EXEMPT FROM TAXATION
WHEREAS, the Board of Supervisors has enacted an ordinance related to exemption of certain
motor vehicles from taxation, all in accordance with the applicable provisions of the Code of
Virginia (1950, as amended); and
WHEREAS, Board of Supervisors believes it to be in the best interest of the citizens of Isle of
Wight County to make a technical correction to Chapter 15, Taxation, Section 15-4.2, Motor
Vehicles Equipped for Transportation of Physically Handicapped and Certain Motor Vehicles
Owned by Volunteer Rescue Squad Members and Volunteer Firemen Exempt from Taxation;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that
Chapter 15, Taxation, Section 15-4.2, Motor Vehicles Equipped for Transportation of Physically
Handicapped and Certain Motor Vehicles Owned by Volunteer Rescue Squad Members and
Volunteer Firemen Exempt from Taxation be amended and reenacted as follows:
Sec. 15-4.2. - Motor vehicles equipped for transportation of physically handicapped and certain
motor vehicles owned by volunteer rescue squad members or volunteer firemen exempt from
taxation.
The following tangible personal property is exempt from the tangible personal property tax
levies of the board of supervisors:
(a) Motor vehicles specially equipped to provide transportation for physically handicapped
individuals who reside in the county.
(b) One motor vehicle owned and regularly used by a veteran who has either lost, or lost
the use of, one or both legs, or an arm or hand, or who is blind or who is permanently
and totally disabled as certified by the Department of Veterans' Affairs. In order to
qualify, the veteran shall provide a written statement to the Commissioner of Revenue
or other assessing officer from the Department of Veterans' Affairs that the veteran has
been so designated or classified by the Department of Veterans' Affairs as to meet the
requirement of this section, and that his disability is service -connected. For purposes of
this section, a person is blind if he meets the provisions of section 46.2-739 of the Code
of Virginia.
(c) Motor vehicles owned by members of volunteer rescue squads or members of volunteer
fire departments who reside in the county and whose volunteer rescue squads or
volunteer fire departments are located in the county. This exemption is limited to one
motor vehicle which is regularly used by each volunteer rescue squad member or
volunteer fire department member to respond to calls; provided, that such volunteer shall
furnish the commissioner of revenue with a certification by the chief or head of the
volunteer organization in January of each year that such volunteer is a member of the
volunteer rescue squad or fire department who regularly responds to calls or regularly
performs other duties for the rescue squad or fire department, and the motor vehicle is
identified as regularly used for such purpose.
(d) Motor vehicles owned by persons who have been appointed to serve as auxiliary police
officers by the board of supervisors of Isle of Wight County, Virginia. One motor vehicle
which is regularly used by each auxiliary police officer to respond to auxiliary police duties
may be specially classified under this section. In order to qualify for such classification, in
January of each year, any auxiliary police officer who applies for such classification shall
identify the vehicle for which this classification is sought, and shall furnish the
commissioner of revenue or other assessing officer with a certification from the governing
body which has appointed such auxiliary officers. That certification shall state that the
applicant is an auxiliary police officer who regularly uses a motor vehicle to respond to
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auxiliary police duties, and it shall state that the vehicle for which the classification is
sought is the vehicle which is regularly used for that purpose.
(e) The tangible personal property tax levies exempted under subsections (b) and (c) of this
section are limited to a maximum tax of four hundred dollars. If the tax levy for the motor
vehicle exceeds four hundred dollars of taxes to be paid, that amount of taxes exceeding
four hundred dollars will still have to be paid from the property owner to the County of
Isle of Wight as all other taxes are paid.
COUNTY ADMINISTRATOR'S REPORT
Mr. Robertson asked for the Board's consideration in conducting a joint meeting with the
Planning Commission at the Board's June 111 work session to solicit feedback on recommended
changes to the Comprehensive Plan to receive staff's suggested process for public engagement.
The consensus of the Board was to conduct such a joint meeting.
Jeff Terwilliger, Chief of Emergency Management, provided an overview of the recent fire
incident that occurred at Carrollton Metals located on Brewer's Neck Road.
In relation to the E911 system at the Courthouse and Nike Park towers and the permit process
required by the State Historic Office to add the old Courthouse building and structures at Nike
Park to the National Historic Registry at a total cost of $40,000, the consensus of the Board was
that County Administrator Keaton be authorized to move forward with the permit process.
UNFINISHED/OLD BUSINESS
The Memorandum of Understanding (MOU) relative to the Smithfield Sports Complex was
discussed and the consensus of the Board was to defer action on the MOU and authorize
Supervisors McCarty and Jefferson and the Director of Parks & Recreation to continue
discussions regarding the County's ability to utilize the property for County events.
NEW BUSINESS
County Administrator Keaton briefed the Board regarding the recent RFPs received for a public
auditing firm.
Upon motion of Supervisor McCarty, all those present voting in favor and Supervisor Acree
absent, the County Administrator was authorized to execute the agreement with the public
auditing firm of PBMares in the amount of $86,000.
Supervisor Grice requested a meeting of the Board's Smithfield Intergovernmental Relations
Committee to discuss recommendations forthcoming from the Board's Water & Sewer Task
Force pertaining to land boundary adjustments, an update on Route 460 and other matters of
common interest.
Upon motion of Supervisor Grice, all those present voting in favor and Supervisor Acree absent,
the County Administrator was directed to set an intergovernmental meeting in June/July at The
Smithfield Center consisting of the Board of Supervisors, the Town Councils for Smithfield and
Windsor, the School's Chair or Vice -Chair and the County's Planning Commission Chair or Vice -
Chairman.
ADJOURNMENT
At 9:45 p.m., Chairman Alphin declared the meeting adjourned.
Carey NQs Storm, Jerk fWAlphin, C rman
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