06-20-2019 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 LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT,
VIRGINIA ON THURSDAY, THE TWENTIETH DAY OF JUNE IN THE YEAR TWO
THOUSAND AND NINETEEN
PRESENT:
William M. McCarty, Newport District, Chairman
Joel C. Acree, Windsor District, Vice -Chairman
Don G. Rosie, II, Carrsville District
Richard L. Grice, Smithfield District
Rudolph Jefferson, Hardy District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman McCarty called the regular Board of Supervisors' meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor Jefferson moved that the agenda be approved as . presented. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones: A discussion regarding the appointment of specific appointees to
County boards, committee or authorities pursuant to subsection 1; discussion
concerning a prospective business or expansion of an existing business where no
previous announcement has been made of business' interest in locating or
expanding its facilities in Isle of Wight County pursuant to subsection 5;
consultation with legal counsel and briefing by staff members pertaining to
probable litigation regarding the construction of the Nike Park Trail, where such
consultation would adversely affect the negotiating or litigation posture of this
public body pursuant to subsection 7; consultation with legal counsel and briefing
by staff members pertaining to probable litigation regarding the construction of
the Lawnes Point Waterline, where such consultation would adversely affect the
negotiating or litigation posture of this public body pursuant to subsection 7; and,
consultation with legal counsel employed or retained by the Board regarding
specific legal issues pertaining to possible zoning violations in connection with Tax
Parcel Number 43A-06-025 requiring the legal advice by such; pursuant to
subsection 8.
Upon motion of Supervisor Grice and all voting in favor, the Board entered the
closed meeting for the reasons stated by County Attorney Jones.
Upon motion of Supervisor Jefferson and all voting in favor, the Board
reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of the
Board of Supervisors is taken on that particular subject matter.
Upon motion of Supervisor Jefferson, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by
this Board of Supervisors that such closed meeting was conducted in conformity
with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Rosie, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Richard Steel, Pastor, USAF Colonel Retired, delivered the invocation and led the
Pledge of Allegiance to the American Flag of the United States of America.
CITIZENS' COMMENTS
William Faulkner of Day's Point Road recognized the professional contributions of
Bob Watkins, Rachel Bass, Joe Luter, Sheriff Clarke and County Administrator
Keaton. He advised the Board that the yards of property owners at Morgart's
Beach are being utilized for parking during events being held at Fort Boykin. He
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further advised that residents on Days Point Road are also concerned about an
on-going sign violation on that roadway.
Albert Burckard of the Newport District notified the Board that the Department of
Historic Resources had issued a press release for the award of a national historic
designation for the Courthouse and Nike Park Missile site. He acknowledged and
thanked the Board for its past financial contribution during the application
process.
Reverend Marks notified the Board of his retirement status and advised of his
desire to contribute and be a part of the County.
Herb DeGroft of Mill Swamp Road encouraged the Board to address the needs
identified by the Rushmere Volunteer Fire Department; commented that the
Turner Drive intersection should have been better designed when originally built;
notified the Board that he has advised the County's Transportation Planner and
Department of Public- Works of the need for drainage pipes underneath the
walking path on Nike Park Road at the Edward's driveway; that $39,000 remains
to be collected by the School Division for meals; and, recommended that the
Board visit other school facilities to learn what was done versus appropriating
additional funds for a new design of Hardy Elementary School.
Under Board comments, Chairman McCarty recommended that ways in which
violators who ignore violation notices can be held responsible be discussed at a
future work session. He offered to speak with the Director of Planning & Zoning
and the Sheriff about the parking concern at Fort Boykin and requested that the
area be patrolled, and all violators issued trespassing notices.
Supervisor Grice asked staff to ensure that adequate drainage is installed at the
walking path on Nike Park Road near the Edward's driveway.
CONSENT AGENDA
A. Resolution to Accept Donation of an Engine for the Mass Casualty Incident
Bus
B. American Red Cross Memorandum of Understanding
C. Resolution to Adopt Financial and Accounting Policy Amendments to Isle of
Wight County Policy Manual
D. Minutes
April 4, 2019 Work Session Minutes
April 11, 2019 Work Session Minutes
April 18, 2019 Regular Meeting Minutes
April 25, 2019 Work Session Minutes
Supervisor Acree moved that the Consent Agenda be adopted as presented. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
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Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
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REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Grice reported on the recent Commission on Aging meeting.
Supervisor Grice reported on items discussed at a meeting he attended in
Washington, DC on June 10, 2019 at the White House in conjunction with
Leadership Day.
Supervisor Rosie reported on a citizens' association meeting held last evening in
Walters.
Supervisor Acree reported on items discussed at today's Hampton Roads
Technical Advisory Committee meeting.
Chairman McCarty reported on items discussed at the most recent meeting of the
Western Tidewater Regional Jail. He congratulated the 2019 graduating classes of
Smithfield and Windsor high schools.
APPOINTMENTS
Supervisor Jefferson moved that Supervisor Grice be appointed to serve on the
Board's Capital Improvements Program Committee. The motion was adopted by
a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Grice moved that Chairman McCarty be appointed to serve on the
Board's Capital Improvements Program Committee. The motion was adopted by
a vote of 5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting
in favor of the motion and no Supervisors voting against the motion.
Chairman McCarty moved that Ms. Dominique Pretlow be appointed to serve on
the Isle of Wight County Community Policy & Management Team. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Acree moved that Cathy Funk be reappointed to serve on the
Blackwater Library Board. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Acree moved that Tony Ambrose be appointed to represent the Town
of Windsor, replacing Richard J. Holland, on the Economic Development
Authority. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Acree moved that Sharon Corey Stallings be appointed to fill the
unexpired term of Len Alphin on the Economic Development Authority
representing the Windsor District. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Chairman McCarty moved that Reynold Jordan be appointed to replace Pam
Barton on the Tidewater Regional Group Home Commission. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
SPECIAL PRESENTATIONS
The family of Ms. Georgia M. Shivers was formally presented a resolution in
recognition of her 105th birthday.
Supervisor Acree moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
MRS. GEORGIA M. SHIVERS
WHEREAS, Mrs. Georgia M. Shivers was born on March 15, 1914, as one of three
children to Primbrook and Mattie Moton in Isle of Wight County; and,
WHEREAS, Mrs. Shivers married the late Leslie R. Shivers on Christmas Day in
1945 and she is mother to fourteen children; and,
WHEREAS, Mrs. Shivers is the matriarch of a family that now includes over 312
children, grandchildren, great grandchildren, great -great grandchildren, and
great -great -great grandchildren; and,
WHEREAS, Mrs. Shivers is a lifelong member of Little Zion Baptist Church in
Smithfield, Virginia and continues to serve as an inspiration and role model to
younger generations through her generosity and wisdom.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia recognizes and congratulates Mrs. Georgia M. Shivers for
having lived an exemplary life for over 105 years.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors
celebrates the life and legacy of Mrs. Georgia M. Shivers and orders that a copy of
this Resolution be spread upon the minutes of this Board this twentieth day of
June 2019.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
The Board received a presentation from Brian Camden, Alpha Corporation, on the
evaluation results related to a renovation or replacement of the existing Hardy
Elementary School facility.
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Chairman McCarty directed County Administrator Keaton to set up a joint
meeting between the Board and the School Board over the next several weeks.
Mr. Camden was requested to also be present at the meeting.
Supervisor Grice directed County Administrator Keaton to develop a timeline and
cost estimate and report back to the Board prior to the joint meeting with the
School Board.
COUNTY ATTORNEY'S REPORT
No report was offered.
PUBLIC HEARINGS
A. Application of W.C. Sawyer, Applicant and Owner, to Amend the
Conditional General Commercial Zoning of 2.45 Acres of Land Located at
15135 Carrollton Boulevard (Rte. 17) to Increase the Number of
Commercial Uses Permitted on the Property.
Trenton Blowe, Planner, provided background information on the application. He
advised that the Planning Commission recommended approval (10-0) and staff
recommends approval based on the application's strengths.
The public hearing was opened, and Chairman McCarty called for persons to
speak in favor of or in opposition to the proposed application.
Beverly H. Walkup, representing the applicant, owner and tenant, explained that
the purpose of the application is to expand the uses at the shopping center to
include a tattoo shop which will allow the applicant to be more competitive and
have more of a level playing field with the shopping center located across the
road.
James Plessinger of the Newport District thanked the Board for its consideration
in allowing him to have better visibility.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Chairman McCarty remarked that the business has a great reputation in
Carrollton and approval will allow the applicant to more properly compete in the
marketplace today.
Supervisor Rosie remarked that approval of the application encourages business
development and it is an appropriate use of the land.
Chairman McCarty moved that the application be approved and the Ordinance to
Amend the Conditional General Commercial Zoning of 2.45 Acres of Land Located
at 15135 Carrollton Boulevard on the Property with Tax Parcel Identification
Number 34-17-001 be adopted. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
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B. Application of Carlton K. Outland, Owner, for a Change in Zoning
Classification from Rural Agricultural Conservation (RAC) to Rural
Residential (RR) and a Waiver to Section 4-3004.13.3 of the Isle of Wight
County Zoning Ordinance in Order to Create Two Single Family Residential
Lots.
Sandra Robinson, Zoning Coordinator, provided background information on the
application related to its tax map identification number, its location, current
zoning, proposed zoning, election district, the application's purpose, its strengths
and weaknesses and staff's recommendation.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed application.
Carlton K. Outland, Owner, requested the Board's favorable consideration of his
request.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Rosie stated that this request is in accordance with what is typically
done with farmland and it fits historically into what has been approved by the
Board in the past.
Supervisor Rosie moved that the application be approved and the Ordinance to
Rezone and Amend the Official Zoning Map of IOWC to Change the Zoning from
RAC, Rural Agricultural Conservation, to RR, Rural Residential, for Property
Located on Freeman Drive with Tax Parcel Identification Number 66-01-105 be
adopted. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
C. Ordinance to Join the Eastern Virginia Regional Industrial Facility Authority.
Chris Morello, Director of Economic Development, briefed the Board regarding
the newly formed Eastern Virginia Regional Industrial Facility Authority.
Chairman McCarty opened the public hearing and called for comments from
persons in favor of or in opposition to the proposed ordinance.
No one appeared and spoke.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Chairman McCarty cited concern with not knowing what the maintenance cost
going forward will be.
Mr. Morello advised that the annual maintenance fee is based on population.
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Attorney Steven A. Meade, partner with the law firm of Patten, Wornom, Hatten
& Diamonstein, stated that theoretically the County could expect to pay $1,250
initially and $1,500 for its renewal fee the next year although those amounts still
need to be voted on. He further advised that Go Virginia has approved utilizing
existing funds to cover its operating cost. He advised that the Authority is
developing a budget which will come back to the Authority for approval.
Supervisor Jefferson moved that the following Ordinance be adopted:
AN ORDINANCE TO JOIN THE EASTERN VIRGINIA REGIONAL INDUSTRIAL
FACILITY AUTHORITY PURSUANT TO SECTION 15.2-6400 ET SEQ. OF THE CODE OF
VIRGINIA (the "Act")
WHEREAS, this Board of Supervisors recognizes that a mechanism for localities in
the local region to cooperate in the development of economic development
projects and facilities is needed and desired in the Region (as defined below); and
WHEREAS, this Board of Supervisors acknowledges that the purpose of a regional
industrial facility authority is to enhance the economic base for its member
localities by developing, owning and operating one or more facilities on a
cooperative basis involving its member localities; and
WHEREAS, this Board of Supervisors finds that economic growth and
development of the County of Isle of Wight, Virginia (the "County"), and the
comfort, convenience and welfare of the citizens of the County require the
development of facilities, and that the collaborative and collective action through
a regional industrial facility authority by the County of Gloucester, the County of
James City, the City of Hampton, the County of James City, the City of Newport
News, the City of Poquoson, the City of Williamsburg and the County of York, will
facilitate the development of the needed facilities within the region that
comprises said geographic areas (the "Region").
NOW THEREFORE BE IT ORDAINED AND ENACTED this day of
2019, by the Board of Supervisors of Isle of Wight County, Virginia
(the "Board of Supervisors"), that
1. That the County hereby joins the "Eastern Virginia Regional Industrial
Facility Authority" (the "Authority"), which Authority was formed effective
December 18, 2018. The admission of the County will be completed effective
upon the approval of the Authority Board.
2. The County will join the existing member localities shall be the County of
Gloucester, the City of Hampton, the County of James City, the City of Newport
News, the City of Poquoson, the City of Williamsburg and the County of York
(each, a "Member Locality" and collectively, the "Member Localities"). Each
Member Locality's respective governing body enacted an ordinance substantially
similar to this ordinance authorizing the creation of the Authority. At any time
subsequent to the creation of the Authority, the membership of the Authority
may, with the approval of the Authority Board (as hereinafter defined and as
more fully described in the Bylaws of the Authority The admission of the County
will be completed effective upon the approval of the Authority Board.), be
expanded to include any locality within the region that would have been eligible
to be an initial member. The governing body of a locality seeking to become a
member shall evidence its intent to become a member by adopting an ordinance
substantially similar to this ordinance (and otherwise in conformance with Section
15.2-6402 of the Act). The admission of such member shall be completed upon
the Authority Board approving the admission, after being presented with the
requisite ordinance adopted by such locality.
3. The Authority shall be governed by an initial board (the "Authority Board")
consisting of two (2) board members from each Member Locality. Authority
Board members shall be appointed by their respective Member Locality's
governing body.
Each governing body of each Member Locality may appoint up to two (2)
alternate Authority Board members. Alternates shall be appointed for terms that
coincide with one or more of the Authority Board members from the Member
Locality that appoints the alternate. If either Authority Board member for a
Member Locality is not present at a meeting of the Authority, an alternate shall
have all the voting and other rights of the Board member not present and shall be
counted for purpose of determining a quorum and all other purposes of that
meeting.
In the event that additional Member Localities shall enact an ordinance to
join the Authority and are admitted upon the Authority Board approving the
admission, the number of members of the Authority Board shall be increased by
two (2) members for each additional Member Locality, with Authority Board
members to be appointed in accordance with the criteria set forth above for
initial Authority Board Members and alternates.
Each member of the Authority Board shall serve for a term of four (4) years
and may be reappointed for as many terms as the governing body from said
Authority Board member's Member Locality desires.
4. The Authority Board shall have such authority and exercise such powers as
are permitted by the Code of Virginia, the Agreement Creating Authority (as
defined below), and in the Bylaws of the Authority Board (a draft copy of which is
attached hereto and which shall be approved by the Authority in substantially the
same form as said draft).
5. The Authority Board shall elect from its membership a Chair, Vice Chair,
Treasurer and Secretary for each calendar year. The Authority Board may also
appoint an Executive Director and staff who shall discharge such functions as may
be directed by the Authority Board. The Executive Director and staff may be paid
from funds received by the Authority.
6. This Board of Supervisors authorizes approval, by appropriate execution by
the designated representative of the County and/or by the Chair of this Board of
Supervisors, of an agreement (the "Agreement Creating Authority") approved and
adopted by the Member Localities whereby the Authority was established and
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further whereby the respective rights and obligations of the Member Localities
with respect to the Authority, in accordance with the provisions of the Act, shall
be set forth (a copy of which is attached hereto). The Agreement Creating
Authority shall (i) establish the terms for participation in the Authority by Member
Localities and (ii) further describe the participation agreements (the "Participation
Agreements") that the Authority may enter into with one or more Member
Localities by which any projects and facilities allowed by the Act may be
constructed, developed and operated. This authorization includes, but is not
limited to, authority for this Board of Supervisors to approve, by ordinance,
Participation Agreements by which Authority projects shall be constructed,
developed and operated and which may be funded from this Board of
Supervisors' commitment of loans or grants and in the event that a facility will be
located within the County, future tax revenue derived from the Authority's
project facilities located within the County, pursuant to Section 15.2-6406 of the
Act.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
D. Resolution to Amend the Adopted FY2018-19 Operating and Capital
Budgets
County Administrator Keaton stated for the Board's consideration is a resolution
to amend the County's current budget from $2,946,128 from the General Fund to
the Capital Projects Fund.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed Resolution.
No one appeared and spoke in favor of or in opposition to the proposed
resolution.
Chairman McCarty closed the public hearing and called for comments by the
Board.
Supervisor Grice moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2018-2019 OPERATING BUDGET AND
APPROPRIATE FUNDING FOR CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
recommends an amendment to the FY 2018-2019 Budget for the transfer of two
million, nine hundred forty-six thousand, one hundred twenty-eight dollars
($2,946,128) of Unassigned General Fund Balance to the Capital Improvement
Projects Fund for future Capital Improvement Projects; and,
WHEREAS, the Board of Supervisors needs to appropriate two million, nine
hundred forty-six thousand, one hundred twenty-eight dollars ($2,946,128) for
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the transfer from the General Fund to the Capital Improvement Projects Fund for
future Capital Improvement Projects.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2018-2019 budget is hereby amended to transfer two
million, nine hundred forty-six thousand, one hundred twenty-eight dollars
($2,946,128) from the Unassigned Fund Balance of the General Fund to the
Capital Improvements Projects Fund; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that two million, nine hundred forty-six thousand, one hundred
twenty-eight dollars ($2,946,128) is hereby appropriated in FY 2018-2019 for the
General Fund Transfer to the Capital Improvements Projects Fund.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to make the appropriate accounting adjustments and to do
all things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
E. Ordinance to Impose Tax Rates for Isle of Wight County for the Fiscal Year
July 1, 2019 Through June 30, 2020
County Administrator Keaton stated the County's recent reassessment had
generated increases in the overall assessment of more than 1% which requires
the County to determine what the revenue neutral amount would be and requires
a separate public hearing from the adoption of the budget.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the Ordinance.
No one appeared and spoke in favor of or in opposition to the Ordinance.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Grice moved that the following Ordinance be adopted:
AN ORDINANCE TO IMPOSE TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2019 THROUGH JUNE 30, 2020
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of
Isle of Wight, Virginia, to -wit:
Section 1: That there is hereby levied for the fiscal year beginning July 1, 2019, a
tax of $0.85 per one hundred dollars of assessed valuation on all
taxable real estate, and all real and personal property of public
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service corporations in accordance with Section 58.1-2606 of the
Code of Virginia (1950, as amended).
Section 2: That there is hereby levied for the fiscal year beginning July 1, 2019, a
tax of $1.75 per one hundred dollars of assessed valuation on
machinery and tools used in businesses as defined in Section 58.1-
3507 of the Code of Virginia (1950, as amended).
Section 3: That there is hereby levied for the fiscal year beginning July 1, 2019, a
tax of $1.00 per one hundred dollars of assessed valuation of boats,
watercraft and aircraft as defined in Section 58.1-3606 of the Code of
Virginia (1950, as amended).
Section 4: That there is hereby levied for the fiscal year beginning July 1, 2019, a
tax of $4.50 per one hundred dollars of assessed valuation on all
tangible personal property, as defined and classified in Sections 58.1-
3500 through 3504 and Section 58.1-3506 of the Code of Virginia
(1950, as amended) except that all household goods and personal
effects as defined and classified in Section 58.1-3504 are exempt
from said levy.
Section 5: That, in accordance with the Personal Property Tax Relief Act, as
adopted by the Virginia General Assembly, the car tax relief for
Calendar Year 2019 shall be set at forty-five percent (45%) for
vehicles over $1,000.00 in value on the first $20,000.00 in value and
for vehicles valued at $1,000.00, or under, the percentage of relief
shall be one hundred percent (100%).
Section 6: That there is hereby levied for the fiscal year beginning July 1, 2019, a
tax of $0.32 per one hundred dollars of assessed valuation on
watercraft, including vessels and ships, weighing five tons or more,
excluding privately owned pleasure boats and watercraft used for
recreational purposes only.
Section 7: That there is hereby levied for the fiscal year beginning July 1, 2019, a
tax of one-half (1/2) of one percent (1%) of the gross receipts on
telephone and telegraph companies, water companies, heat, light
and power companies, except electric suppliers, gas utilities and gas
suppliers as defined in Section 58.1-400.2 of the Code of Virginia
(1950, as amended) and pipeline distribution companies as defined in
Section 58.1-2600 of said Code, accruing from sales to the ultimate
consumer in the County of Isle of Wight, Virginia, pursuant to Section
58.1-3731 of the Code of Virginia (1950, as amended), however, in
the case of telephone companies, charges for long distance
telephone calls shall not be included in gross receipts for purposes of
license taxation.
BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this
Board of Supervisors and that a copy thereof by the Clerk of this Board, be
furnished to the Treasurer of this County.
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The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
COUNTY ADMINISTRATOR'S REPORT
Don Jennings, Director of Utility Services, provided an update on the progress of
the Lawnes Point waterline replacement and Route 10 waterline installation
projects.
Jamie Oliver, Transportation Planner, provided information on the SMART SCALE
statewide program designed to distribute funding based on a transparent and
objective evaluation of projects.
County Administrator Keaton advised that the final payment associated with the
Benns Grant repayment process for the intersection has been received and all the
water and sewer tap fees will now go into the utility fund and the proffer money
will go to the proffer fund.
Chairman McCarty acknowledged the trash pick-up report under the "Matters for
the Board's Information' tab and publicly recognized Tony Wilson and Michael
Etheridge for their work well done.
UNFINISHED/OLD BUSINESS
County Attorney Jones presented consideration of an Ordinance to Vacate Public
Interest in North Sycamore Drive and South Sycamore Drive. He advised this
matter was discussed at the Board's May 16, 2019 meeting and tabled to allow
him an opportunity to contact the homeowners' associations for Rushmere
Shores and Lawnes Point. He further advised that both parties have reached an
agreement as to the location of the gates and the sharing of the gate key and he
recommends adoption of the ordinance.
Supervisor Jefferson moved that the following Ordinance be adopted, and the
Chairman authorized to execute same and other necessary documents to
relinquish the County's interest on behalf of the Board:
AN ORDINANCE TO VACATE INTEREST IN
NORTH SYCAMORE DRIVE AND SOUTH SYCAMORE DRIVE, HARDY DISTRICT, ISLE
OF WIGHT, VIRGINIA
WHEREAS, by a deed dated September 18, 1981, and recorded in the Circuit Court
Clerk's Office of Isle of Wight County in Deed Book 455, page 586, 0. E. Parker, E.
W. Goodrich and C. L. Goodrich, partners trading as Rushmere Shores did convey
unto the County of Isle of Wight a fifty (50) foot wide strip of land to be used as a
public county road, said strip of land more particularly depicted on that certain
plat entitled "PLAT SHOWING PROPERTY OF RUSHMERE SHORES, INC", recorded
in the Circuit Court Clerk's Office of Isle of Wight County in Plat Book 4, page 173
and further depicted as "existing 50' access easement along centerline of existing
road" on that certain plat entitled "LAWNES POINT ON THE JAMES" of record in
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the aforesaid Clerk's Office as Plat Instrument Number 2-156-9 and 2-156-10, and
commonly referred to as North Sycamore Drive and South Sycamore Drive; and
WHEREAS, the above reference strip of land has never been maintained by Isle of
Wight County and has not been accepted into the Secondary Highway System;
and
WHEREAS, the General Assembly of Virginia has authorized governing bodies of
counties to vacate public rights -of way as provided in Section 15.2-2006 of the
Code of Virginia, 1950 as amended; and
WHEREAS, Lawnes Point on the James Property Owner's Association is the sole
owner of the property immediately adjoining or contiguous to the above
referenced rights -of way; and
WHEREAS, Lawnes Point on the James Property Owner's Association has applied
to Isle of Wight County to request the vacation of the above referenced public
rights-of-way; and
WHEREAS, Lawnes Point on the James Property Owner's Association has agreed
to reimburse Isle of Wight County its actual cost of advertisement and recordation
fees; and
WHEREAS, Lawnes Point on the James Property Owner's Association has agreed
to allow Emergency Services to have access to and to make use of the above
referenced land as situations warrant; and
WHEREAS, the vacation of the above referenced public rights of way will not
impede nor alter any parties access to their property.
NOW, THEREFORE BE IT ORDAINED that the Isle of Wight County Board of
Supervisors hereby vacates that certain fifty (50) foot wide strip of land depicted
on that certain plat entitled "PLAT SHOWING PROPERTY OF RUSHMERE SHORES,
INC", recorded in the Circuit Court Clerk's Office of Isle of Wight County in Plat
Book 4, page 173, as conveyed in that certain deed recorded Circuit Court Clerk's
Office of Isle of Wight County in Deed Book 455, page 586 in accordance with
Section 15.2-2006 of the Code of Virginia , 1950.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Keaton recalled that the Board had previously authorized
the hiring of three full-time fire and EMS positions in the budget with the request
that action be delayed until the Volunteer Fire and Rescue Association had had a
chance to discuss the matter. He advised that the need for these positions and
improved communication between staff and the Volunteer Rescue Association
had been discussed with the Association which voted to support the first year's
plan, converting three part-time positions to full-time positions as long as there is
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not a drop to less than five ambulances and that staff is at a minimum, an EMT I
or P as the attendant in charge.
Supervisor Jefferson moved to authorize the advertising and filling of three full-
time EMS positions. The motion was adopted by a vote of (5-0) with Supervisors
Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Acree requested that Mr. Terwilliger relay the Board's appreciation to
those volunteers who assisted with the fire at Kings Cove this past weekend.
NEW BUSINESS
County Attorney Jones presented A Resolution to Adopt an Uncollectible
Accounts Write -Off Policy for consideration by the Board.
Chairman McCarty moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 2: FINANCIAL
AND ACCOUNTING, ARTICLE IV, FINANCIAL POLICIES
OF THE COUNTY POLICY MANUAL
WHEREAS, the County's General Billing process includes sending notices to
individuals or businesses when County Departments determine a non -tax debt is
due to the County; and,
WHEREAS, the County makes every effort possible to collect all amounts that it is
owed prior to collection efforts that are initiated by the County Treasurer's Office;
and,
WHEREAS, over the normal course of business, certain amounts due to the
County are deemed to be uncollectible and are required to be written off as bad
debts; and,
WHEREAS, Isle of Wight County's Policy Manual needs to be amended to come
include a policy to address uncollectible accounts.
NOW, THEREFORE, BE IT RESOLVED that revisions to Chapter 2: Financial and
Accounting, Article IV, Financial Policies are hereby adopted as follows:
Chapter 2: Financial and Accounting
ARTICLE IV
Financial Policies
(Adopted March 20, 2014, Revised August 18, 2016, November 17, 2016)
POLICY PURPOSE
The County of Isle of Wight (the "County") and its governing body, the County
Board of Supervisors (the "Board of Supervisors"), is responsible to the County's
citizens to carefully account for all public funds, to manage County finances wisely
and to plan for the adequate funding of services desired by the public, including
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the provision and maintenance of facilities. The following financial policies and
guidelines establish the framework for the County's overall fiscal planning and
management.
1.1 Policy Goals
This fiscal policy is a statement of the guidelines and goals that will influence and
guide the financial management practices of the County. A fiscal policy that is
adopted, adhered to, and regularly reviewed is recognized as the cornerstone of
sound financial management. Effective fiscal policy:
• Contributes significantly to the County's ability to insulate itself from fiscal
crisis,
• Enhances short term and long-term financial credit ability by helping to
achieve the highest credit and bond ratings possible,
• Promotes long term financial stability by establishing clear and consistent
guidelines,
• Promotes the view of linking long term financial planning with day to day
operations, and
• Provides the Board of Supervisors and the citizens a framework for
measuring the fiscal impact of government services against established
fiscal parameters and guidelines.
1.2 Policy Implementation and Coordination
The County Board of Supervisors has assigned the County Administrator as the
Executive Agent of County and has authorized him or his designee to implement
this policy.
1.3 Review and Revision
These polices will be reviewed for appropriateness and comparability with Tier 1
& 2 strongly rated jurisdictions every three years or more frequently if a need for
review is identified.
REVENUES
2.1 Revenue Diversification
The County will strive to maintain diversified and stable revenue streams to
protect the government from problematic fluctuations in any single revenue
source and provide stability to ongoing services.
Current revenues are expected to fund current expenditures and a diversified and
stable revenue system will be pursued to protect programs.
2.2 Fees and Charges
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(Revised August 18, 2016)
All fees established by the County for licenses, permits, fines, services,
applications and other miscellaneous charges shall be set to recover all or a
portion of the County's expense in providing the attendant service. These fees
shall be reviewed annually with the development of the annual operating budget.
Fees and Charges as set forth herein shall be waived for the following projects:
- Projects performed by county staff on county property, or County
administered projects provided that permit fees are not included in the bid
award.
- Projects funded by the Community Development Block Grant Program, or
other County administered grant programs, provided that permit fees are
not included in the bid award.
- Repair and rehabilitation of properties damages by natural disasters to
include but not necessarily limited to flood, hurricanes, tornadoes or
similar occurrences.
- Construction, repair, and rehabilitation of handicapped accessible ramps
for disabled individuals.
2.3 Revenue Collections
The County will strive to achieve an overall property tax collection rate of 100% to
ensure all citizen service recipients contribute to the costs of public services they
receive.
2.4 Use of Fund Balance
The County's General Fund equity balance will be utilized to provide sufficient
working capital in anticipation of current budgeted revenues and to finance
unforeseen emergencies without borrowing. Absent extraordinary circumstances,
the General Fund equity of the County (Unassigned Fund Balance) should not be
used to finance current operations.
2.5 Restricted Revenue
Restricted revenue (such as Medicaid or Grant funds) shall only be used for the
purpose intended and in a fiscally responsible manner.
2.6 Uncollectible Accounts
The County's General Billing process sends notices to individuals or businesses
when County Departments determine a non -tax debt is due to the County. This
debt can be the result of user fees or other assessments being collected by a
county department. The Department will make every effort possible to collect all
amounts that it is owed prior to collection efforts that are initiated by the County
Treasurer's Office. However, over the normal course of business, certain amounts
due to the County are deemed to be uncollectible and are required to be written
off as bad debts.
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Uncollectible Accounts
Accounts determined to be uncollectible will be written off at least annually via
the following guidelines.
An account is determined to be uncollectible if it meets the following criteria:
1. The debt does not qualify for collection by the Treasurer (i.e. Safe Harbor
EMS Billings).
2. The collection efforts of the Treasurer's Office have been unsuccessful, and
the debt is at least 3 years old and has had no payment activity within the
last 12 months.
3. The account owner has filed a bankruptcy and the debt is discharged in
bankruptcy.
4. The County Attorney determines the debt is not collectible.
Prior to write off, all liens and/or judgements must have been processed and
applied in accordance with applicable statutory authority.
Procedure
Transactions to write off uncollectible accounts are handled through a journal
entry. Supporting documentation for a write-off will at a minimum include a
listing of aged accounts, dates of services, original charge amount and the balance
being written off. This listing will be attached to the annual memo to be reviewed
and signed by the Department Head and the Director of Finance. The County
Administrator will approve the annual write off of uncollectible accounts.
For accounting and financial reporting purposes, write-offs of uncollectible
receivables are to be made against the appropriate allowance or revenue
accounts. Adjustments to the allowance accounts can be done monthly, quarterly
or at a minimum annually by June 30 of each fiscal year.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Keaton presented a Resolution Requesting the
Commonwealth Transportation Board Prioritize Funding for the Next Segment of
the Interstate 64 Widening Project for the Board's consideration.
Supervisor Acree moved that the following Resolution be adopted:
RESOLUTION CELEBRATING THE CREATION OF ADDITIONAL FUNDING FOR STATE
FUNDED INTERSTATE 64 IMPROVEMENTS AND REQUESTING THE
COMMONWEALTH TRANSPORTATION BOARD PRIORITIZE THE NEXT
COMMONWEALTH FUNDED SEGMENT OF WIDENING INTERSTATE 64 TO BEGIN IN
HAMPTON ROADS AT EXIT 234 AND ADVANCE INCREMENTALLY WESTWARD
TOWARD BOTTOMS BRIDGE
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WHEREAS, Interstate 64 (1-64) is a significant transportation corridor linking
Hampton Roads and the Historic Triangle to Interstates 95 and 81 (1-95 and 1-81);
and,
WHEREAS, 1-64 provides not only daily commuting for residents and business
trips, but provides access to tourist attractions throughout the region; and,
WHEREAS, 1-64 is essential for economic development in Hampton Roads and
directly supports the transportation of freight in and out of the Port of Virginia;
and,
WHEREAS, 1-64 is essential to national security and supports military readiness by
providing access to, from, and between military facilities; and,
WHEREAS, 1-64 is essential as an emergency evacuation route, particularly during
hurricane events affecting the Hampton Roads region; and,
WHEREAS, for these reasons, the Commonwealth Transportation Board, the
Hampton Roads Transportation Accountability Commission (HRTAC), and the
Hampton Roads Transportation Planning Organization (HRTPO) have all put into
place significant funding for congestion relief on 1-64; and,
WHEREAS, in support of relieving congestion in Hampton Roads, $114 million has
been invested into Segment I of 1-64, $176 million in Segment II, and $244 million
in Segment III; and,
WHEREAS, an additional $3.86 billion has been approved to make improvements
to the Hampton Roads Bridge Tunnel; and,
WHEREAS, the Commonwealth has invested $43.4 million into widening 1-64
eastward in Henrico and New Kent Counties; and, the Commonwealth has
identified that widening the entirety of 1-64 from the end of Segment III, which
currently ends at Exit 234, to the Richmond area is needed.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia, is of the opinion that a significant investment has already
been made into the widening of 1-64 within the Hampton Roads region.
BE IT FURTHER RESOLVED, that the Board of Supervisors is also of the opinion
that the investment and momentum into the next segment of improving 1-64
should also be within Hampton Roads and the Historic Triangle.
BE IT FURTHER RESOLVED, in support of our regions' tourism and travel demands,
to improve access to and from the Port of Virginia, to continue to provide
enhanced connectivity and congestion relief to our significant military
installations, and to continue to improve the emergency evacuation route away
from the coastline, that the Board of Supervisors finds that the next widening
improvement of 1-64, funded by the Commonwealth Transportation Board
utilizing its new dedicated revenue source of funds established during the 2019
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Session of the General Assembly, should commence at Exit 234 and proceed
incrementally westward to Bottoms Bridge.
BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County,
Virginia, urges the HRTAC, the HRTPO, and the other Hampton Roads localities to
take a similar position and make that position known to the Commonwealth
Transportation Board.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
ADJOURNMENT
At 9:15 p.m., Chairman McCarty declared the meeting adjourned.
Car Mi Is Sto m, Clerk
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iam M. McCarty, Chairman