January 22nd, 2015 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
January 22, 2015
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation – The Honorable Byron B. Bailey/Pledge of
Allegiance (6:00 p.m.)
4. Approval of Agenda
5. Consent Agenda
A. Resolution to Eliminate Chapter 8, Article II, of the County
Policy Manual
B. Staff Report – Request to Honor Randall Booth with a
Courthouse Portrait
C. Motion to Authorize Signs Erected Pursuant to the Authorization
from the Governing Body for the Courthouse Complex and Park
Facilities
6. Regional Reports
7. Appointments
A Community of Choice, Committed to Excellence
8. Special Presentation/Appearances
A. Isle of Wight County Fair Awards
B. Transportation Update – Joe Lomax, VDOT Residency Engineer
C. Animal Control Adoption Program
9. Citizens’ Comments
10. Public Hearings
A. Motion to Approve a Zoning Classification Change for Jeffrey
and Melanie Seward
B. Motion to Approve a Conditional Use Permit for a Towing
Service Storage Yard
11. County Administrator’s Report
A. Staff Report – Legislative Update
B. Staff Report – Proposed FY2016-2025 Capital Improvements
Plan
C. Staff Report – Quarterly Financial Report
D. Staff Report – Tylers Beach Update
E. Motion to Approve the Request from Dominion Hay for a
Waiver to the Zoning Ordinance
A Community of Choice, Committed to Excellence
F. Staff Report – Recommended Preferred Alternative for the Route
460 Upgrade
G. Staff Report – Tourism Marketing Initiatives (Restaurant
Week/Billboard Promotions)
H. Informational Items
1. Monthly Reports: Tax Levies & Collections as of
December 2014; Cash Position; and, Statement of the
Treasurer’s Accountability
2. Fire and Rescue Activity Report
3. Sheriff’s Monthly Activity Report
4. IT Website Statistics
5. First Annual Employee Safety and Wellness Fair
6. Ribbon Cuttings (Health Department, Isle of Wight Rescue
Squad, Smithfield Fire Truck)
7. Town Hall Meetings (Carrsville and Windsor)
8. VDOT Residency Administration Update
9. Litter Pickup Update
10. Single Audit Report
12. Unfinished/Old Business
A. Staff Report – Update on Carrollton Volunteer Fire Department
Compliance with OMD Requirements
A Community of Choice, Committed to Excellence
B. Request from Smithfield Town Council to Hold an
Intergovernmental Meeting
C. Establishment of Board Committees
13. New Business
14. Adjournment
Resolution to Eliminate Chapter 8, Article 2, of the County Policy Manual; 1/22/15; CBM
ISSUE:
Resolution to Eliminate Chapter 8, Article 11, of the County Policy
Manual
BACKGROUND:
At its annual organizational meeting held on January 5, 2015, the
Board of Supervisors adopted amendments to its Bylaws and Rules
of Procedure providing for certain changes to the formal public
comment periods of Board meetings and public hearings. As a
result, the amendments to the Bylaws and Rules of Procedure
concerning public comment periods and public hearings will take
precedence and necessitate the elimination of Chapter 8, Article 2,
of the County Policy Manual.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt a resolution to eliminate Chapter 8, Article 2, of the County
Policy Manual.
ATTACHMENT:
Proposed Amendment to Chapter 8, Article 2, of the County Policy
Manual
A RESOLUTION TO ELIMINATE CHAPTER 8, ARTICLE II, OF THE
COUNTY POLICY MANUAL
WHEREAS, the adopted Bylaws and Rules of Procedure of the Isle of
Wight County Board of Supervisors provide the official guidelines concerning
public comment during Board of Supervisors meetings and public hearings;
and,
WHEREAS, Chapter 8, Article II, of the County Policy Manual is no
longer applicable due to the adoption of the public comment and public hearing
rules and procedures of the Bylaws and Rules of Procedure of the Isle of Wight
County Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED that Chapter 8, Article II,
Public Comment, of the County Policy Manual is hereby amended as follows:
ARTICLE II
PUBLIC COMMENT
(Adopted August 1, 2000)
Section 2.0
Citizens Comment Period
a. All citizens desiring to speak during the Citizens Comment period should
sign the Citizens Comment Register and include a brief description of
the subject to be addressed. The Register will be located in the lobby
outside the Board Room prior to and during the meeting of the Board
until the Citizen Comment period on the agenda.
b. The Chairman will call each individual to the podium in the order each
person signed in on the register.
c. Notice of public hearings will be published in accordance with State laws
and County Ordinances and with applicable Federal law.
d. Each speaker will be given five (5) minutes for comments to the Board.
Each party should state his name and address for the record prior to
addressing the Board.
e. Large numbers of citizens appearing on a specific issue of community
interest are encouraged to elect a spokesperson or up to three (3)
spokespersons to address the Board on their behalf.
f. Items presented during the Citizen Comment period will generally be
taken under advisement by the Board of Supervisors for staff review and
report at a subsequent meeting. At its discretion, however, the Board
may discuss any specific issue and/or respond to any citizen inquiry
presented during the Citizen Comment period without obligation to take
immediate action on any issue.
g. The Board may allow other persons in attendance the opportunity to
speak at the conclusion of the business portion of the meeting.
Section 2.1
Public Hearings
a. All public hearings will be advertised to begin at 7:00 p.m. at the Board's
regular meeting held on the third Thursday of each month and will be
conducted as soon thereafter as the Board's agenda may allow. Public
hearings may be postponed, continued or cancelled at the discretion of
the Board.
b. In addition to those required by law, the Board at its discretion may hold
public hearings when it decides that a hearing will be in the public
interest.
c. Notice of public hearings will be published in accordance with State laws
and County Ordinances and when applicable by Federal law.
d. The subject matter of the public hearing to be considered by the Board
will be summarized by the Chairman at the beginning of the public
hearing.
e. Each person wishing to speak will be called to the podium by the
Chairman. Speakers will be given five (5) minutes for comments to the
Board, unless waived by the Board. Each party should state his name and
address for the record prior to addressing the Board.
f. Large numbers of citizens appearing on a specific issue of community
interest are encouraged to elect a spokesperson or up to three (3)
spokespersons to address the Board on their behalf.
Adopted this 22nd day of January, 2015.
Rex Alphin, Chairman
__________________________
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
ISSUE:
Staff Report - Request to Honor Randall Booth with a Courthouse
Portrait
BACKGROUND:
The Isle of Wight Chapter of the United Daughters of the Confederacy
have submitted a request to commission a painting in honor of Randall
Booth’s heroic efforts to keep the County’s records safe during the
Revolutionary War. The proposed painting would be similar to the
painting previously commissioned in honor of Elizabeth Bennett Young.
RECOMMENDATION:
Per the Board’s discussion and direction.
ATTACHMENT:
Correspondence from the United Daughters of the Confederacy
ISSUE:
Motion to Authorize Signs Erected Pursuant to Authorization from the
Governing Body for the Courthouse Complex and Park Facilities
BACKGROUND:
The Board’s authorization is requested relative to the
installation/replacement of identification and directional signage on
County owned and operated facilities, including the new and
replacement signage being installed at the courthouse complex, parks
and recreation facilities, and at various other locations.
The Zoning Ordinance, under Section 9-1003 (Exemptions), provides for
the authorization of signs erected by or on behalf of or pursuant to the
authorization of a governmental body, including legal, notices,
identification and informational signs, traffic, directional, or regulatory
signs as an exemption from setbacks, size requirements, content, etc.
RECOMMENDATION:
Authorize the installation/replacement of identification and directional
signage consistent with the Board’s action on June 19, 2014.
ATTACHMENT:
Examples of Signage
ISSUE:
Regional Reports
BACKGROUND:
The Board of Supervisors has previously directed that an opportunity be
provided for monthly status briefings from Board members who serve as
representatives to the various regional committees and authorities on behalf
of the County.
RECOMMENDATION:
Receive an oral report.
ATTACHMENT:
Listing of regional committees/authorities and Board representation
BOARD CHAIRMAN ANNUALLY APPOINTED
COMMITTEES
COMMITTEES
Building, Grounds &
Transportation
Community Development
Joint Tourism
Parks, Recreation & Cultural
Personnel
Public Safety
Franklin Intergovernmental
Relations
Smithfield Intergovernmental
Relations
Windsor Intergovernmental
Relations
MEMBER
Al Casteen
Buzz Bailey
Rex Alphin
Dee Dee Darden
Al Casteen
Dee Dee Darden
Rex Alphin
Rudolph Jefferson
Dee Dee Darden
Rudolph Jefferson
Al Casteen
Rudolph Jefferson
Rex Alphin
Dee Dee Darden
Al Casteen
Rudolph Jefferson
Rex Alphin
Dee Dee Darden
TERM EXPIRES
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
January 2015
Created: 1/2015
REGIONAL BOARD MEMBERSHIPS
ORGANIZATION
Chamber of Commerce
Hampton Roads Economic Development Alliance
Hampton Roads Transportation Planning
Organization
Hampton Roads Military and Federal Facilities
Alliance
Hampton Roads Planning District Commission
Mayors and Chairs Caucus
Social Services Board Liaison
Southeastern Public Service Authority
Southside Mayors and Chairs
Western Tidewater Regional Jail Authority
Western Tidewater Water Authority
MEMBER
Anne Seward
(Liaison/Ex-Officio)
Chairman
Darden
Bailey (Alternate)
Darden
Darden
Chairman
Casteen
Anne Seward
Mark C. Popovich (Alternate)
Chairman
Alphin
Jefferson
Anne Seward (Alternate)
Darden
Casteen
Anne Seward (Alternate)
Created: 1/2015
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ISSUE:
Isle of Wight County Fair Awards
BACKGROUND:
At the 2015 Virginia Association of Fairs Conference held on January 8-
11, 2015, the 2014 Isle of Wight County Fair won several awards
including Best in Show awards for its Pageant Book, Photo Essay, Fair
Booklet, Wed Advertisement, Premium Book, Magazine Article, Poster,
T-Shirt and Media Scrapbook. Best in Show is won by being the overall
winner in the 3 attendance divisions.
Isle of Wight County Fair won 1st place awards for its Pageant Book,
Photo Essay, Fair Booklet, Wed Advertisement, Fair Premium Book,
Magazine Article, Fair Website, Fair Poster, Promotional Merchandise,
Fair T-Shirt, Magazine Advertisement, Fair Theme and Media
Scrapbook. The County Fair also brought home four 2nd place ribbons,
and one 3rd place ribbon.
The Isle of Wight County Fair also won Best Overall Fair in its division.
Isle of Wight County Fair competed in the 7,000 to 29,999 attendance
category with fairs from across the state in marketing, advertising,
creative design, media productions and fair-themed projects. .
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
September 18, 2014/jlo/ VDOT Presentation-Franklin Residency Maintenance Update
ISSUE:
Transportation Update – Joe Lomax, VDOT Residency Engineer
BACKGROUND:
Joe Lomax, Franklin Residency Administrator, will present maintenance
updates for roadways in Isle of Wight County, including paving,
mowing, and ditch maintenance.
BUGETARY IMPACT:
None
RECOMMENDATION:
For the Board’s information
ATTACHMENTS:
None
ISSUE:
Animal Control Adoption Program
BACKGROUND:
Staff will provide a brief display of animals which are
currently available for adoption at the County’s animal
shelter.
RECOMMENDATION:
Receive presentation.
ATTACHMENTS:
None
January 22, 2015/SWR
ISSUE:
Motion to Approve Zoning Classification Change for Jeffrey and
Melanie Seward
BACKGROUND:
The application of Jeffrey and Melanie Seward is for consideration of a
change in zoning classification of 71.55 acres of land to Conditional-
Rural Residential (C-RR) to create a total of three (3) lots for single
family residential use. The request is in accordance with all applicable
ordinances contingent on approval of the requested waiver.
The overall property is located on the east and west sides of Jones Town
Drive (Rt. 637) and contains approximately one hundred sixty (160)
acres of land comprised of agricultural, forest and swamp land.
Surrounding properties include agricultural and scattered single family
residential uses.
A complete explanation of the request can be found in the attached
Planning Commission staff report.
RECOMMENDATION:
At its December 16, 2014 meeting, the Planning Commission
recommended approval of the rezoning application and the waiver by a
vote of 7-0.
Staff recommends the approval of the rezoning request and the waiver.
ATTACHMENTS:
Planning Commission Staff Report
Planning Commission Staff Report
Swr
Rezoning application of Seward
PLANNING REPORT
APPLICATION:
The application of Jeffrey A. Seward and Melanie D. Seward for a change in
zoning classification from Rural Agricultural Conservation (RAC) to
Conditional-Rural Residential (C-RR) of 71.55 acres of land located on the east
and west sides of Jones Town Drive (Rt. 637) in the Carrsville Election
District. The purpose of the application is to create a total of three (3) lots for
single family residential use. Tax Map Number 17-01-021
ELECTION DISTRICT:
Carrsville
LOCATION:
The property is located on the east of west sides of Jones Town Drive (Rt. 637),
south of the intersection of Mill Swamp Road (Rt. 621).
BACKGROUND:
The property, which is vacant, contains approximately one hundred sixty (160)
acres of land, comprised of agricultural, forest and swamp land. The application
request is for the creation of no more than three (3) single-family rural-
residential lots which leaves the residue of approximately eighty-eight (88)
acres of land. The owner has chosen the sliding scale option for development
under the Rural Residential (RR) District. This is three (3) of four (4)
residential lots allowed to be created under that option.
DESCRIPTION:
The purpose of the application is to rezone three (3) lots to be subdivided off
the farm. A waiver has been requested to Section 4-3004 of the Zoning
Ordinance to allow the lots to contain more than ten (10) acres of land. The
applicant has offered a voluntary cash proffer of $4,021, consistent with the
revised cash proffer policy, for each of the three (3) lots being created to be
paid on or before the time the certificate of occupancy is issued for the single
family residence on each new lot.
Planning Commission Staff Report
Swr
Rezoning application of Seward
Surrounding properties include agricultural and scattered single family
residential uses.
ORDINANCE REQUIREMENTS:
Zoning and Subdivision – The two (2) proposed lots on the east side of Jones
Town Drive front on a proposed ingress/egress easement to Jones Town Drive
and the lot on the west side of Jones Town Drive fronts on Jones Town Drive.
The required lot area in the Rural Residential (RR) zone is a minimum of
40,000 square feet. The minimum lot frontage is 120 feet with 150 feet of lot
width at the front setback line. The proposed lots, as shown on the attached
zoning exhibit, meet the minimum requirements of the RR zoning district,
provided a waiver to Section 4-3004 is approved to allow all lots to contain
over ten (10) acres of land.
A subdivision plat is required to be approved pending rezoning approval.
Chesapeake Bay Preservation Area Ordinance - The proposed lots are
located outside of the Chesapeake Bay Preservation Area.
Flood Plain Management District – Proposed lot 1 and 2 contain a special
flood hazard zone, however, that does not affect the buildable area on either lot.
COMPREHENSIVE PLAN:
The subject property is located in the Rural/Agriculture Conservation District
as designated in the Comprehensive Plan. This district is intended to maintain
and conserve rural character and farmlands. This area is intended to provide for
a full range of agricultural and farming activities and related uses along with
some low-density residential development.
AGENCY COMMENTS:
The application has been reviewed by the Virginia Department of
Transportation (VDOT) and comments provide for the proposed plat of
subdivision to provide a ten (10) foot dedication on both sides of Route 637 to
bring the thirty (30) foot existing secondary road right-of-way width to fifty
(50) feet as required by VDOT and the County for future road widening.
Additionally, the plat will be required to contain a note of disclaimer that the
two (2) lots not fronting the public road will be served by a private easement
Planning Commission Staff Report
Swr
Rezoning application of Seward
and that it is not VDOT’s intent to accept the private easement into the state
secondary system of roadways, unless the property owners bring the road to
state standards prior to its acceptance into the system; and a note that any
entrance off the state road will require a land use permit prior to construction.
A proposed drainfield site has been identified on each lot by an Authorized On-
site Soil Evaluator (AOSE) and will be reviewed and approved by the Virginia
Department of Health at the time a subdivision plat is submitted for approval.
There are no outstanding issues that need to be addressed.
STAFF CONCLUSIONS:
Strengths: 1) The proposal is in accordance with County Ordinances and is
compatible with the existing land uses in the vicinity; 2) The proposal is within
the guidelines of the Comprehensive Land Use Plan; 3) The applicant has
offered the cash proffer for each lot to offset the cost each new lot will have on
the County’s services; and 4) The applicant has conditioned delineation of an
existing private family cemetery on the subdivision plat and right of access.
Weaknesses: 1) None determined at this time.
STAFF RECOMMENDATION:
Staff recommends approval of the requested waiver to Section 4-3004 of the
Zoning Ordinance and approval of the rezoning application.
ATTACHMENTS:
■Applicant information
■Site maps
Board of Supervisors meeting January 22, 2014
Trenton S. Blowe
Big Tow Conditional Use Permit
ISSUE:
Motion to Approve a Conditional Use Permit for a Towing Service Storage
Yard
BACKGROUND:
The request of Scott Dillon, on behalf of Robert P. Weeks, is under
consideration for the conditional use of a towing service storage yard. A
towing service storage yard allows for the temporary storage of inoperable
vehicles.
The subject towing operation has been operating within the Isle of Wight
Industrial Park and was found to be in violation of the County’s Zoning
Ordinance because of the storage of inoperable vehicles on the property.
Upon discovery, staff determined that the Zoning Ordinance only allowed for
inoperable vehicles to be stored in salvage yards; however, the Virginia
Department of Motor Vehicles requires that vehicles that are towed shall be
maintained for a certain number days before they can be salvaged.
County staff worked with the applicant to amend the Zoning Ordinance to
provide for a towing service storage yard to accommodate for this type of use
as a conditional use in the Limited Industrial (LI) zoning district. The Zoning
Ordinance amendment was approved by the Board of Supervisors on June 19,
2014 and the applicant subsequently applied for a CUP in order to come into
compliance with the County’s regulations.
RECOMMENDATION:
At its December 16, 2014 meeting, the Planning Commission, by a vote of 7-
0, recommended approval of this CUP conditioned on the fence being
installed.
Staff recommends approval for the CUP.
ATTACHMENTS:
PC Staff Report
ISSUE:
Staff Report – Legislative Update
BACKGROUND:
The 2015 Session of the General Assembly began on January 14, 2015.
As previously noted, some members of the County’s Legislative
Delegation have graciously patron several bills on the County’s behalf.
Delegate Tyler has submitted the following bill for consideration by the
House of Delegates: HB1484 – School Budgets. Senator Lucas has
agreed to patron the following bills for consideration by the Senate:
SB743 – HRTAC, SB759 – Transient Occupancy Tax, SB774 –
Admissions Tax, SB784 – Cigarette Tax, SB796 – County Food and
Beverage Tax, SB841 – Adoption of Ordinances (Advertisement),
SB842 – Approval of School Budget.
Staff will be monitoring and addressing these bills and other legislation
as the Session progresses.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
Bill Summaries
BILL SUMMARIES
SENATOR L. LOUISE LUCAS BILLS
SB743 Hampton Roads Transportation Accountability Commission; local
representation. Allows the chief elected officer of each locality within Planning
District 23 to have a representative from the same governing body serve on the
Hampton Roads Transportation Accountability Commission.
SB759 Transient occupancy tax. Authorizes all counties to impose a transient
occupancy tax of up to five percent. Current law limits the general transient
occupancy tax to two percent. The bill also eliminates the requirement that certain
localities currently authorized to impose a five percent transient occupancy tax
dedicate any excess over two percent to tourism purposes.
SB774 Admissions tax in counties. Extends the authorization to levy a tax on
admissions charged for attendance at any event to all counties and removes specific
authorizations deemed unnecessary as a result of this bill.
SB784 Local cigarette taxes. Allows all localities to impose a cigarette tax by
removing the requirement that they had such authority prior to 1977. The bill sets a
maximum rate on the cigarette tax imposed by counties of five cents per pack or the
amount levied under state law, whichever is greater.
SB796 County food and beverage tax; referendum requirement. Removes the
requirement that a county food and beverage tax be approved by a referendum before
the county may pass an ordinance.
SB841 Counties; adoption of ordinances; notice by publication. Removes the
requirement that counties, except as otherwise required by law, publish notice of an
intention to propose an ordinance for two weeks in a newspaper having a general
circulation. The bill contains technical amendments.
SB842 Governing bodies of counties; approval of school budget. Changes the
date by which the governing body of a county is required to prepare and approve an
annual budget for educational purposes from May 1 or within 30 days of the receipt
by the county of the estimates of state funds to May 15 or within 30 days of the
receipt by the county of the estimates of state funds.
DELEGATE RICK L. MORRIS BILLS
HB1293 Stormwater fees; exemptions for religious groups. Requires the State
Water Control Board, in establishing a statewide fee schedule for
stormwater management programs, to waive permit fees for land-
disturbing activities undertaken on property owned by certain churches,
religious associations, or denominations. The bill also requires localities to
waive stormwater management program service charges for properties
owned by such organizations.
HB1294 Churches and other religious bodies. Exempts churches, religious
associations, and religious denominations from all state and local taxes,
fees, and other charges.
HB1298 Noncommercial vessels; probable cause. Requires conservation police
officers, Marine Resources Commission inspectors, and other law-
enforcement officers to have probable cause before stopping, boarding, or
inspecting a noncommercial vessel on the navigable waters of the
Commonwealth.
HB1383 Removal of certain local government appointees. Provides that any
appointee of a local governing body to a local board, commission, or
committee, whether appointed pursuant to § 15.2-1411 or any other
provision of the Code, shall serve at the pleasure of the local governing
body and may be removed at any time.
HB1412 Weighing exemptions for vehicles owned by a locality. Provides an
exemption from weighing for vehicles owned by a locality when the
locality maintains the highway or roadway adjacent to the weigh station.
This bill would apply to the City of Suffolk.
HB1462 Campground; definition. Excludes from the definition of "campground"
property upon which the owner may choose to allow his guests to camp
and not be prohibited or encumbered by covenants, restrictions, and
conditions from providing his sanitary facilities within his property lines.
The bill contains a technical correction.
DELEGATE ROSLYN C. TYLER BILLS
HB1484 School budgets. Conforms the county budget preparation and approval
process to that of municipalities.
SENATOR JOHN A. COSGROVE BILLS
SB726 Cash proffer for residential construction; sunset date. Removes the
July 1, 2017, expiration of a Code section that delays the payment of
certain per-dwelling-unit cash proffers until after the final inspection of the
subject property and prior to the issuance of any certificate of occupancy.
The removal of the sunset date also extends existing provisions barring the
assertion of a cause of action to enforce a right to delayed payment of cash
proffers and allowing a court to award fees and costs to a party that prevails
in a legal challenge to a conflicting ordinance.
SB872 Assessment of real property; explanation of increased
assessment. Requires an assessing officer of a governing body to provide,
upon taxpayer request, a written explanation of or justification for an
increase in the assessed value of the taxpayer's property.
SB879 Weighing exemptions for vehicles owned by a locality. Provides an
exemption from weighing for vehicles owned by a locality when the
locality maintains the highway or roadway adjacent to the weigh station.
This bill would apply to the City of Suffolk.
OTHER BILLS
DELEGATE SAM RASOUL
HB1297 Machinery and tools tax; production of renewable energy. Classifies
machinery and tools owned by a business and used directly in producing
or generating renewable energy as a separate class of property for tax rate
purposes. The bill authorizes each locality to impose a tax on such
machinery and tools at a rate less than that generally applicable in the
locality to machinery and tools.
DELEGATE R. LEE WARE, JR
HB1300 Elections; costs of primaries; reimbursement to localities. Requires the
proper political party committee to reimburse in full each county and city
conducting a primary election at the direction of the Commonwealth. The
bill also shifts payment of the costs of a presidential primary election from
the Commonwealth to the proper political party committee.
HB1301 Compensation and expenses of electoral board members and general
registrars. Provides for reimbursement to the localities of the whole
amount of compensation and expenses of electoral board members and
general registrars, notwithstanding any provision of the general
appropriation act to the contrary.
DELEGATE K. ROB KRUPICKA
HB1310 Taxes on electronic cigarettes and other vapor products. Creates a state
tax on electronic cigarettes, electronic cigars, electronic cigarillos, and
similar products and devices (vapor products) and authorizes cities and
towns and certain counties to impose a tax on vapor products. The state tax
would be imposed at a rate $0.40 per milliliter of nicotine liquid solution
or other material containing nicotine that is depleted as the vapor product
is used. All revenues from the state tax on vapor products would be
deposited into the Virginia Health Care Fund, into which all revenues from
the state tax on cigarettes are currently deposited.
Counties, cities, and towns that are currently authorized to tax cigarettes
would be authorized to also tax vapor products at rates determined by the
local governing bodies. The bill requires a local governing body imposing
the tax to base the tax upon the per milliliter content of nicotine liquid
solution or other material containing nicotine that is depleted as the vapor
product is used. The bill authorizes Arlington and Fairfax Counties to
impose a vapor products tax, but at a rate that does not exceed the state tax
on vapor products created under the bill. Under current law, Arlington and
Fairfax Counties may impose a tax on cigarettes at a rate that does not
exceed the state cigarette tax.
Any local government imposing a vapor products tax would be required to
use the revenues from the tax solely for making grant payments to or
funding in support of center-based pre-kindergarten programs or preschool
programs designed for child development and kindergarten preparation.
The bill has a delayed effective date of January 1, 2016.
DELEGATE SCOTT W. TAYLOR
HB 1416 Real property tax assessment; appeal to circuit court. Provides that
neither the taxpayer nor the locality shall have the burden of proof in an
appeal of a real property assessment to the circuit court.
DELEGATE RICHARD P. BELL
HB 1438 Local government; publication of notices for charter changes,
referenda, and public hearings, etc.; alternatives. Gives localities
alternatives to publication in a newspaper of general circulation in the
locality for legal ads and other notices of proposed action. These
alternatives include publication in at least two of the following forms of
publication: (i) in a newspaper of general circulation in the locality,
including such newspaper's online publication, if any; (ii) on the locality's
website; (iii) on any public access channel operated by the locality, to be
aired during prime-time programming and at least two other times during
the day; (iv) using any automated voice or text alert systems used by the
locality; or (v) posting at the local public library established pursuant to §
42.1-33, if any. In addition, the bill provides that any resident of the
locality annually filing a written request for notification with the locality
shall be provided notice by the locality in a manner mutually agreed upon
by the locality and such individual. The request shall include the resident's
name, address, zip code, daytime telephone number, and email address, if
available. In selecting the methods of publication, the bill requires the
locality to publish/advertise in a manner gauged to ensure that the
maximum number of persons within the locality are likely to be informed
of the existence and content of the proposed action. The bill contains
technical amendments.
DELEGATE KENNETH R. PLUM
HB1498 Virginia Human Rights Act; public employment; prohibited
discrimination; sexual orientation. Prohibits discrimination in
employment based on sexual orientation. The bill defines "sexual
orientation" as a person's actual or perceived heterosexuality, bisexuality,
homosexuality, or gender identity or expression. The bill expressly
provides that "sexual orientation" does not include any person's attraction
toward persons with whom sexual conduct would be illegal due to the age
of the parties. The bill also codifies existing prohibited discrimination in
public employment based on race, color, religion, national origin, sex,
pregnancy, childbirth or related medical conditions, age, marital status,
disability, or status as a veteran. The bill contains technical amendments.
DELEGATE JEION A. WARD
HB1510 Hampton Roads Transportation Accountability Commission. Provides
that population estimates used by the Hampton Roads Transportation
Accountability Commission in making its decisions shall be those
projections made by the Weldon Cooper Center for Public Service of the
University of Virginia. Current law provides for use of the most recent
decennial census in determining such population estimates until the fifth
year following each census and then using adjusted projections made by
the Center.
Staff Report: Proposed FY 2016-2025 CIP; 1/22/15; CBM
ISSUE:
Staff Report – Proposed FY 2016-2025 Capital Improvements
Plan
BACKGROUND:
Staff will present the proposed FY 2016-2025 Capital
Improvements Plan (CIP) as recommended by the Isle of Wight
County Planning Commission. The CIP has been developed in
accordance with Chapter 2, Article II, Capital Improvements Plan
(CIP) Development Process, of the County Policy Manual. It is
recommended that the Board of Supervisors adopt the CIP
following a public hearing at the February 19, 2015 Board of
Supervisors meeting.
BUDGETARY IMPACT:
There is no budget impact.
RECOMMENDATION:
Receive the staff presentation of the proposed FY 2016-2025 CIP.
ATTACHMENT:
Proposed FY 2016-2025 Capital Improvements Plan
Qtrly Financial Report 1st Qtr FY15/MT/ B & F
ISSUE:
Staff Report – Quarterly Financial Report
BACKGROUND:
Staff has compiled information relative to the County’s financial
performance for the 2nd quarter ended of FY 15. A brief presentation
will be made on the status and implications of the County’s financial
performance.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
Information to be provided at the January 22, 2015 meeting.
ISSUE:
Staff Report – Tyler’s Beach Update
BACKGROUND:
At its regular meeting on June 19, 2014, the Board of Supervisors
received a staff report outlining three options for the future of
Tyler’s Beach. The Board tabled the discussion to the July 17,
2014 meeting and then to the August 21, 2014 meeting, and again
to the January Board meeting.
Since that time a group of local waterman cleaned up the storage
yard; however, within a few weeks, new vessels took the place of
the old ones. Recently, approximately one hundred crab pots were
left sitting on the property.
BUDGETARY IMPACT:
Should the Board elect the recommended Option #3, the budgetary
impact will include an increase of $85,000 in additional
expenditures annually. Staff is also projecting an increase of
$73,500 in additional revenues upon full implementation of fees.
RECOMMENDATION:
Staff continues to recommend Option #3 which includes enhanced
enforcement of Policies and Ordinances by a part-time Park
Ranger(s) (funded by fees) as well as adoption of the attached
policy amendments.
ATTACHMENTS:
- June 19, 2014 Staff Report
- Policy Amendments
- Ordinance Revisions
Staff Report from the Board’s June 19, 2014 Meeting
ISSUE:
Tyler’s Beach Solutions and Strategies
BACKGROUND:
Tyler’s Beach is a public boat harbor that currently houses
approximately seventeen (17) boats (private and commercial)
ranging in size from twenty (20) to forty (40) feet. A boat launch,
maintenance yard, and public beach are also located on the
property.
The County currently charges $250 per year to moor at the harbor.
This fee includes use of the maintenance yard and electricity. In
order to accommodate the commercial fishermen’s need to work
with the changing tides, the facility is open twenty-four (24) hours
a day.
Challenges
Bulkhead in need of replacement
Channel is in need of dredging
Damage to facility
No designated slips
Feral and stray animals
Abandoned property at the facility
People living on their boats or camping on the property
Disorderly conduct
Individuals failing to register their boats
Sunken dilapidated boats
Excessive debris in the maintenance yard
Steps Taken
Six 40 gallon trash cans have been removed from the site to
dissuade citizens from disposing of household waste on the
property
Sheriff’s Office has committed to enforcing ordinances such as
park facility leash law, public intoxication, and alcohol in park
facilities.
The Department of Parks and Recreation has not had the resources
to enforce policies and ordinances at Tyler’s Beach since 2008. At
that time funding for a Deputy to staff the facility twenty hours per
week was eliminated from the Sheriff’s Department Budget. The
mechanism to enforce the policies and ordinances is vital to the
success of the operation of the facility.
Staff offers four options for moving forward:
Option 1 – Close facility
Option 2 – Continue to operate as is
Option 3 – Make additional funding available to the Isle of
Wight Sheriff’s Office to pay over-time for regular periods of
enforcement throughout the year (approximately 800 hours at a
cost of $26,000)
Option 4 – Hire a Park Ranger for the Department of Park and
Recreation at a cost of approximately $50,000 annually
(approximately 2,080 hours). A Park Ranger would have
authority to enforce not only ordinances, but policies as well. A
full –time staff person would also have an opportunity to
interact with patrons on a regular basis. Although Tyler’s Beach
would be the main site, this staff person would also have
authority to enforce ordinances in all County Parks.
Paying for the Future
Staff projects an additional $51,000 in revenue. The following
fees are proposed to offset the cost of the facility operations:
Monthly slip fees 20 vessels at $150 per month ($36,000)
Boat launch 250 annual passes at $50 ($12,500)
Bid Seafood sales annual lease agreement ($2,500)
BUDGETARY IMPACT:
The overall budgetary impact would be an increase in expenditures
over revenues in the amount of $34,000 ($85,000 in additional
expenditures and an increase of $51,000 in additional revenues).
RECOMMENDATION:
Staff recommends Option 4 which would include hiring a full-time
Park Ranger to enforce the proposed ordinances and polices.
Additionally staff recommends that the Board take the following
actions in conjunction with options 3 or 4:
Adopt the attached policy amendments.
Direct staff to advertise the attached ordinances for a public
hearing.
Close the boat yard that was constructed to allow boat owners
space to make repairs to their boats. This space can be used to
impound delinquent boat owner’s property. Install a gate that
operates on a timer (approximately $15,000). Pursue the
removal of delinquent and abandoned boats (approximately
$20,000). Adjust the hours of operational to dawn to dusk
exempting registered boat owner and their agents or guests.
Direct staff to prepare a budget amendment to reflect proposed
fees, projected revenue, and costs outlined in this report.
Address major facility renovations in the County’s Capital
Improvement Program leveraging Health Department Boating
Infrastructure Grant Funds.
ATTACHMENTS:
- Policy Amendments
- Ordinance Revisions
Section 4.5
(Adopted 5/12/11)
Tyler’s Beach Boat Harbor - User Fee
a. Intent
Incorporate a fee that will offset the expenses that are incurred by regular
users of the Tyler’s Beach Boat Harbor.
b. Process
- Incorporate a monthly fee that will be set annually by the County
Administrator.
- Fee will be applied to all applicants.
- All users must make application to the Department of Parks and
Recreation in order to dock a vessel at Tyler’s Beach Boat Harbor
- NO REFUNDS FOR ALL OR A PORTION OF A FEE FOR ANY
REASON.
c. Services Provided
Opportunity to utilize space to moor a watercraft within the
boundaries of the Tyler’s Beach Boat Harbor.
Use of electricity.
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 16. TYLERS BEACH BOAT HARBOR.
WHEREAS, on December 5, 1967 the Isle of Wight County Board of Supervisors, after holding a
public hearing in accordance with Section 15.2-1427 of the Code of Virginia (1950, as amended), enacted
Chapter 16 of the Isle of Wight County Code to establish a public boat harbor known as the “Tylers
Beach Boat Harbor”; and
WHEREAS, the increased use of the Tylers Beach Boat Harbor has resulted in the need to ensure
the safety and security of the facility and to protect the life and safety of the citizens using the same;
BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of Isle of Wight County,
Virginia, that Chapter 16, Tylers Beach Boat Harbor of the Isle of Wight County Code be amended and
reenacted as follows:
Article I. In General
Sec. 16-1.Establishment; purpose; regulations generally.
With the approval and assistance of the United States of America and the United States Army Corps
of Engineers, Norfolk, Virginia, the parcel of land at Tylers Beach, in Hardy Magisterial District, County
of Isle of Wight, State of Virginia, containing 4.85 acres, more or less, in the aggregate, according to a
survey thereof made by Roy Brinkley, C.L.S., on December 15, 1966, which was acquired from Ann C.
Tyler, Grace H. Bradby, Eliza Hughes and others by the county, and all structures, buildings, landings,
wharves, bulkheads, docks, piers, basins, channels, waters and all other facilities now on, or which may
hereafter be erected, constructed or placed in and/or on such land, are hereby set aside and established as
and for a public boat harbor for use and occupancy by all commercial, recreational and pleasure boats and
vessels. The use, occupancy and operation of such boat harbor and its facilities shall be in accordance
with this chapter and such rules and regulations as may be made and promulgated with respect thereto by
the department of parks and recreation of the county, which boat harbor and its facilities shall be open to
all on equal terms. The aforesaid boat harbor shall be known as the "Tylers Beach Boat Harbor." (10-5-
67, § 2; 9-19-02.)
Sec. 16-2.Enforcement of chapter, etc.
This chapter and the rules and regulations made by the Isle of Wight County bBoard of sSupervisors
of the county shall be enforced by the Ddepartment of pParks and Rrecreation of the county. (10-5-67, §
12; 9-19-02.)
Article II. Administration.
Sec. 16-3.Generally.
The administration and management of the Tylers Beach Boat Harbor shall be by the Isle of Wight
County dDepartment of pParks and rRecreation of the county. For purposes of this chapter, the Isle of
Wight County Department of Parks and Recreation shall be referred to as the "Department". (10-5-67, §
3; 9-19-02.)
Sec. 16-4.Powers and duties.
The dDepartment of parks and recreation for the county is hereby authorized and empowered:
(a) To manage, supervise and control the use, occupancy and operation of the boat harbor and its
facilities pursuant to this chapter and the rules and regulations made by the dDepartment; provided,
that the dDepartment may, from time to time, appoint, designate and charge some person as its agent
for such purposes who shall be responsible to and perform such duties and functions as required by
the dDepartment and who may be paid such compensation in such manner as the board Board of
Supervisors may determine.
(b) To make any and all reasonable rules and regulations for the use, occupancy, operation, growth and
development of the public boat harbor herein established and its facilities, including rules and
regulations, including fixing and determining:
(1) Any and all reasonable rates and charges for the use, occupancy and operation of the boat
harbor and its facilities, except and other than for the public landing and dock hereinafter
reserved for general public use and occupancy as hereinafter provided for, by any and all kinds,
types and sizes of boats and vessels;
(2) The kind, size and type of boats and vessels which may use and occupy the boat harbor and its
facilities, the space or place in the boat harbor which may be used or occupied by any boat or
vessel and when and the period of time during which any boat or vessel may use or occupy such
boat harbor.
(c) From time to time, to alter, repeal or amend the rules and regulations, or any of them, made by the
dDepartment; provided, that none of such rules and regulations, as originally made and as altered or
amended, shall become effective and have the force and effect of law until after they shall have been
posted in full for thirty days on the property, which rules and regulations shall be filed with and
made available by the board of supervisors as a public record. (10-5-67, § 4; 9-19-02.)
Article III. Use.
Sec. 16-5.Disposition of charges, etc.
The amount of all rates, charges and revenue of every kind due for the use, occupation and operation
of the boat harbor and its facilities and for any and all business or activity conducted in connection with
the use, occupation and operation of the boat harbor shall be collected by and paid to the county's agent.
The amount of all such rates, charges and revenue so collected shall be applied by the board or its agent to
the payment of the costs and expenses of the operation of the boat harbor and its facilities. The net
balance thereof shall be paid to the cCounty tTreasurer not later than the thirtieth day of June in each year.
(10-5-67, § 5; 9-19-02.)
Sec. 16-6.Landing or dock.
The landing or dock at the north end of the basin of the boat harbor is hereby reserved, established
and declared as and for a public landing and dock for general public use and occupancy by any and all
boats and vessels without any charge thereforat a fee which shall be set forth in the Isle of Wight County
Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, unless otherwise
set forth herein, and which shall be so identified by appropriate signs; provided, that such use and
occupancy of such public landing and dock shall be subject to and regulated and controlled by this
chapter and the rules and regulations of the boardDepartment; and provided further, that wharfage for in-
or out-bound cargo placed on the public landing and dock and the wharfage for all boats and vessels
thereat shall not exceed the time fixed by the boardDepartment, without charge, and cargo and boat
wharfage charges for the use and occupancy of such public landing and dock in excess of the time fixed
by the board shall be fixed by the director of parks and recreation.
For such boats and vessels that remain at the landing or dock in excess of the time fixed by the
director of parks and recreationDepartment, proper registration with the county shall be required by
making application to the director of parks and recreationDepartment. All such boats and vessels shall
maintain a valid and current state registration. In addition, such boats or vessels shall be charged a fee of
two hundred fifty dollars per year for the use of county-supplied electricity to be used, without limitation,
by such boats or vessels. (10-5-67; 9-19-02; Ord. No. 2011-4-C, 3-3-11.)
Sec. 16-7.Permits.
All persons desiring to use and occupy the boat harbor or its facilities or any part thereof shall make
application for a permit therefor in writing to the dDepartment of parks and recreation of the county or its
agent upon forms provided by the dDepartment of parks and recreation of the county, showing the name
and address of the applicant, the kind, type and size of the boat or vessel of the applicant, the kind and
type of use or occupancy desired by the applicant and the period of time for which such use and
occupancy is desired and, upon receipt of a proper application, the payment of all rates and charges
required by this chapter or the rules and regulations of the dDepartment of parks and recreation of the
county and evidence of compliance by the applicant with this chapter and such rules and regulations, the
dDepartment of parks and recreation of the county or its agent shall issue such permit to the applicant.
Such permit shall be retained by the dDepartment of parks and recreation of the county, and no such
permit shall be issued until all rates and charges required by this chapter or such rules and regulations
have been paid. The dDepartment of parks and recreation of the county, upon refusal to issue such permit,
shall forthwith notify the applicant in writing of such refusal and the reasons therefor. From the date of
such written notice of refusal to issue such permit, the applicant shall have ten (10) days in which to make
written appeal to the board of supervisorsCounty Administrator, setting forth in detail the facts relating
thereto and the particular errors alleged to have been made by the dDepartment of parks and recreation of
the county or its agent in refusing to issue such permit. The board of supervisorsCounty Administrator
shall then set the matter for a hearing, giving at least ten (10) days' written notice to the applicant of the
time and place of the hearing. Upon being refused such permit by the board of supervisorsCounty
Administrator, the applicant may, within thirty (30) days from the date of the adverse ruling and decision
of the board of supervisors, petition the circuit court of the county for review. A copy of such petition
shall be served on the chairman of the board of supervisors and the county's attorney not later than five
days from its return date. (10-5-67, § 7; 9-19-02.)
Sec. 16-8.Unlawful acts.
It shall be unlawful and constitute a violation of this chapter for any person:
(a) To use or occupy the boat harbor or any of its facilities without first obtaining a written permit from
the duly authorized agent of the county or its agent and paying the amount of the rates and charges to
the duly authorized agent of the county.
(b) To erect, construct or place any building, structure, landing, wharf, dock, pier, pole, walkway,
projection or other facility in the waters of the basin or channel of the boat harbor or within the
bulkhead line thereof or on the land or property adjacent to or abutting on the basin or channel
thereof without first obtaining a written permit from and as prescribed by the dDepartment of parks
and recreation of the county or its agent.
(c) To deposit, sink or place or cause or permit to be deposited, sunk or placed in the waters of the boat
harbor, its basin or channel, or along the shores thereof or in any of the streams or ditches emptying
therein, or on any of the land adjacent or contiguous to and abutting on the boat harbor or its
facilities, its basin or channel, any refuse, offal, waste matter, earth, oil, liquid, animal, fish,
vegetable matter, barge, scow, boat, ship, vessel, any other watercraft, trees, timber or logs, or any
other substance, thing, matter or material that may injuriously affect the sanitary, clean, safe, orderly
and proper condition, use, occupancy or operation of the boat harbor, its waters and facilities; to fail
forthwith to mark the waters of the boat harbor at the place where any of the foregoing items, things
or materials are located with a buoy or other discernable warning device in the daytime and with a
lighted lantern or other discernable lighted or flare device at night; to fail to maintain such marks and
warning devices until such items, things and materials are removed therefrom; and to fail to
forthwith commence and to continue without any interruption the removal therefrom of any of the
aforesaid items, things or materials.
(d) To operate any boat or vessel entering, leaving or moving in, on or about the waters of the boat
harbor at a speed in excess of five miles per hour or to operate any boat or vessel in, on or about such
waters at a speed or in a manner so as to create a swell that may injure other boats, vessels or other
watercraft anchored, tied up or attached to the boat harbor or its facilities or plying or moving in, on
or about the waters of the boat harbor or at a speed or in a manner so as to endanger or injure the life,
limb or property of any person.
(e) To anchor, moor, tie up, dock, place or attach any boat, vessel, ship, barge, scow or other craft at any
place, space, dock, pier, point or location or in any manner other than that designated, prescribed,
located and authorized by the dDepartment of parks and recreation of the county or its agent or to
stop, pass or interfere with any boat, vessel or other craft in the waters of the boat harbor in such
manner as to prevent, obstruct or interfere with the movement, passage, approach, berthing,
anchoring, mooring, docking or placing of other boats, vessels or craft, except when specifically
authorized by the dDepartment of parks and recreation of the county or its agent or to utilize, use or
occupy any bulkhead, landing, pier, space, dock or place inside the waters of the basin and channel
of the boat harbor without first obtaining the written permit therefor from the dDepartment of parks
and recreation of the county or its agent.
(f) To fail to forthwith remove any boat, vessel or cargo from the boat harbor and its facilities when
ordered to do so by the Ddepartment of parks and recreation of the county or its agent for such cause
as may be deemed proper by the Ddepartment of parks and recreation of the county or its agent or to
fail to remove any boat, vessel or cargo therefrom for nonpayment of rates and charges.
(g) To permit or allow any boat, vessel or cargo owned, controlled or in his custody to remain at or on
the aforesaid public landing or dock herein reserved for the general public use and occupancy
without charge and to fail to remove such boat, vessel or cargo therefrom after the expiration of the
period of time fixed by the department of parks and recreation of the county for such use and
occupancy without charge and such cargo, boats and vessels shall remain on and at such public
landing and dock at the expense and risk of the consignee, owner, bailee or custodian thereof. (10-5-
67, § 8; 9-19-02.)
Sec. 16-9.Authority to require removal, repair, etc. of bandoned vesselsproperty.
(a) Whenever the Ddepartment of parks and recreation, recreation coordinator, park administrator, or
their designees or successorsor its agent shall be of the opinion that any vessel has been abandoned
or that such, or that any dock, wharf, pier, piling, bulkhead or other structure or vessel might
endanger the public health or safety of persons, or might constitute a hazard or obstruction to the
lawful use of the waters within or adjoining boat harbor, he shall cause a written notice shall to be
mailed by certified mail or delivered to the owner of such dock, wharf, pier, piling, bulkhead or other
structure or vessel, directing the owner to remove, repair, or dispose of or secure such property
within the time specified in such notice. Any such owner who shall fail to remove, repair, dispose of
or secure such property within the time specified in such notice shall be guilty of a Class 1I
misdemeanor. Each day's default in the removal, repair, disposal or securing shall constitute a
separate offense. In addition, a judge hearing the case may order the owner to remove, repair,
dispose of or secure the dock, wharf, pier, piling, bulkhead or other structure or vessel.
(b) If the owner fails to remove, repair, dispose or secure such dock, wharf, pier, piling, bulkhead or
other structure or vessel within the time specified in the notice given pursuant to this section, the
Ddepartment of parks and recreation, recreation coordinator, park administrator, or their designees or
successorsor its agent may remove, repair, dispose of or secure such property at the expense of the
owner, and the expense shall be chargeable to and paid by the owner of such property or the owner
of the property to which any dock, wharf, pier, piling, bulkhead or other structure, hereinafter
referred to as "hazard" is attached. Such expense shall be a lien upon such property that was
removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part
or to which the hazard is affixed or from which it was removed, and upon the owner's other real
property in the county, until paid. Such expense shall be reported by the dDepartment of parks and
recreation, recreation coordinator, park administrator, or their designees or successorsor its agent to
the cCounty tTreasurer, who shall collect the same in the manner in which county taxes levied upon
real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket
book in the circuit court of the county, and may also be reduced to a personal judgment against the
owner and collected as otherwise provided by law.
(c) If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a
reasonable search and the above-referenced notice has been made to the last known address of any
known lawful owner, the dDepartment or its agentof parks and recreation, recreation coordinator,
park administrator, or their designees or successors, may cause repairs to be made to such wharf,
pier, piling, bulkhead or other structure or vessel, or cause same to be removed and disposed of after
giving notice of such repair or removal in a newspaper of general circulation in Isle of Wight
County, Virginia. In the event the Ddepartment or its agentof parks and recreation, recreation
coordinator, park administrator, or their designees or successors, causes the removal, repair or
security of any such wharf, pier, piling, bulkhead or other structure or vessel after complying with
the notice provisions of this section, such expense shall be a lien upon such property that was
removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part
or to which the hazard is affixed or from which it was removed, and upon the owner's other real
property in the county, until paid. Such expense shall be reported by the Ddepartment or its agent of
parks and recreation, recreation coordinator, park administrator, or their designees or successors, to
the Ccounty Ttreasurer, who shall collect the same in the manner in which county taxes levied upon
real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket
book in the circuit court of the county, and may also be reduced to a personal judgment against the
owner and collected as otherwise provided by law. (10-2-08.)
For state law as to authority of the county to regulate abandoned property, see Code of Va., § 15.2-909.
Sec. 16-10. Acquiring title to abandoned watercraft.
Formatted: Font: (Default) Times New Roman
The Department is hereby authorized to acquire title to any watercraft abandoned in or on the
Tylers Beach Boat Harbor for a period exceeding sixty (60) days in accordance with Section. 29.1-733.25
of the Code of Virginia (1950, as amended).
Adopted this _____ day of ______________________, 2014.
Byron B. Bailey, Chairman
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich
County Attorney
Formatted: Justified, Indent: Left: 0", First line: 0"
Formatted: Font: (Default) Times New Roman
Formatted: Space After: 0 pt, Line spacing: single
Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman
Formatted: Justified, Indent: Left: 0", First line: 0"
Board of Supervisors Meeting January 15, 2015
RDR
Dominion Hay Waiver Request
ISSUE:
Motion to Approve the Request from Dominion Hay for a Waiver to the
Zoning Ordinance.
BACKGROUND:
Commonwealth Engineering (Mitch Wilcox, Engineer) on behalf
of Dominion Hay (Mike Coyne, Purchaser) and Charlie Daniels,
Owner, is requesting a waiver from Article VI, Sections 6-1010.A
of the Zoning Ordinance, to allow for relief from the architectural
guidelines set forth in the Zoning Ordinance and to comply with
the example shown herein.
This waiver would allow for reduced architectural requirements to
the proposed building, to be consistent with surrounding buildings,
which were developed under a previous version of the Zoning
Ordinance. Under the previous ordinance the design standards
were lower than the current requirements.
RECOMMENDATION:
At its December 16, 2014 meeting, the Planning Commission
recommended approval of the waiver request by a vote of 7-0.
Staff recommends the approval of the waiver request.
ATTACHMENTS:
Planning Commission Staff Report
ISSUE:
Staff Report – Recommended Preferred Alternative for the Route 460
Upgrade
BACKGROUND:
The Virginia Department of Transportation (VDOT), the Federal
Highway Administration, and the U.S. Army Corps of Engineers have
recommended an alternative route for the Route 460 upgrade that
bypasses the Town of Windsor (to the north) and includes a bridge across
the Blackwater River in Zuni.
The proposed route will potentially have a negative impact on the
County’s intermodal park. Additionally, VDOT has advised that at least
15 families, 3 businesses, and 3 farms will be directly impacted by the
project.
Staff will provide an update at Thursday’s meeting.
RECOMMENDATION:
Per the Board’s discussion and direction.
ATTACHMENT:
VDOT Press Release
VDOT, FHWA AND U.S. ARMY CORPS OF ENGINEERS MAKE PROGRESS ON
ENVIRONMENTAL WORK TO IMPROVE U.S. 460 CORRIDOR IN SOUTHEASTERN
VIRGINIA
Recommended Preferred Alternative identified
RICHMOND – The Virginia Department of Transportation (VDOT), the Federal Highway
Administration (FHWA) and the U.S. Army Corps of Engineers have identified an
alternative that appears to be the Least Environmentally Damaging Practicable
Alternative to improve the U.S. 460 corridor in southeastern Virginia.
The recommended Preferred Alternative would improve 17 miles of U.S. 460 from Suffolk
to west of Zuni. A new four-lane divided highway would be built from the U.S. 460/58
interchange in Suffolk to west of Windsor. From west of Windsor to west of Zuni, the
existing U.S. 460 would be upgraded to a four-lane divided highway and include a new
bridge across the Blackwater River to eliminate long standing flooding problems.
Map of Preferred Alternative – 17 miles of improvements from Suffolk to west of Zuni
"Secretary Layne has clearly stated his commitment to finding effective transportation
solutions that minimize impacts to wetlands," said Colonel Paul Olsen, commander of the
Corps' Norfolk District. "The Federal Highway Administration, VDOT and the Corps
cooperatively developed a draft Supplemental EIS that ensures environmental resources
are identified and fully evaluated against a full range of alternatives. I am confident that
with the additional analysis and upcoming public comment periods required by law, VDOT
will develop a project that balances the economic and transportation needs of the Region
with our responsibility to protect our natural and aquatic resources."
Transportation Secretary Aubrey Layne added, “I would like to thank Colonel Olsen, the
Corps, and the FHWA for working hand-in-hand with VDOT to come up with a
recommended alternative that can move into the permitting process. We still have a lot of
work to do, but it is important that we continue to work together to improve safety and
hurricane evacuation with an alternative that impacts the fewest possible acres of
wetlands.”
“VDOT will continue to take a methodical and deliberative approach with the Corps and
the FHWA,” said VDOT Commissioner Charlie Kilpatrick. “Engaging with our federal
partners is critical as we work through the complexities of environmental work and project
development.”
The project cost is estimated to be between $375 million and $425 million.
VDOT will present the recommended preferred alternative to the Commonwealth
Transportation Board this Tuesday, Jan. 13, during their workshop in Richmond.
Summary of the recommended Preferred Alternative:
Wetland impacts – 52 acres
Displacements – 22, including 15 residential properties, 3 commercial properties,
3 farms and one non-profit property
Safety – 41 percent lower than the no build alternative
Evacuation capacity – 13,400 vehicles per hour with seven lanes of contraflow
versus the no build alternative
Mobility – improves safety and mobility by separating local and regional traffic
Background:
VDOT, the FHWA and the Corps developed a Draft Supplemental Environmental Impact
Statement (SEIS) that evaluated alternatives to improve the U.S. 460 corridor. The public
had an opportunity to review and comment on the SEIS last fall. Three public hearings
were held and more than 520 comments were received. The recommended Preferred
Alternative came from information included and evaluated in the Draft SEIS.
For more background information, go to http://www.route460project.org/
ISSUE:
Staff Report – Tourism Marketing Initiatives (Restaurant Week/
Billboard Promotions)
BACKGROUND:
In February, Smithfield & Isle of Wight Tourism will be
celebrating its 3rd annual Restaurant Week. Restaurant Week is
an opportunity for residents and visitors to check out their
favorite local dining establishment or explore a new one while
taking advantage of a great price! Participating restaurants will
offer a $10 lunch menu and/or a $20 dinner menu (price includes
an appetizer, entrée and dessert). Each menu features a “healthy
choice selection” to celebrate Smithfield On The Move’s “Order
Healthy Project.”
Visit the participating restaurants between Friday, January 30th
and Saturday, February 7th to take advantage of these special
menu options at this special price. Plus, diners will be entered to
win fun prizes if they fill out a Restaurant Week Response Card.
Participating restaurants are: Bubba-N-Franks Smokehouse
(Carrollton), Smithfield Gourmet Bakery, Smithfield Ice Cream
Parlor, Smithfield Station, Taste of Smithfield, The Smithfield
Inn, Tokyo Tai, Captain Chuck-a-Muck’s (Rescue), Carrollton
Virginia BBQ, The Reel Inn (Carrollton), Sista’s Café, Bon
Vivant Market and Ringo’s Donuts.
Smithfield & Isle of Wight Tourism will also be featured on six+
full-sized digital billboards throughout the busiest roadways in
Hampton Roads during the month of February. These six+
digital units run 225 exposures per unit/per day for a total of 1350
exposures. The billboard will feature the iconic image of
Smithfield Station’s lighthouse (Smithfield Station donated a
weekend stay for two in the lighthouse for this promotion). The
billboard will entice viewers to go to the Smithfield & Isle of
Wight Facebook page to like and share the contest. This
campaign increases awareness of the close, romantic, getaways
available in Smithfield and Isle of Wight during the month of
“love”. All overnight stays dramatically increase the visitor
“spend” in Smithfield and Isle of Wight County. In addition, the
promotion will be featured on our website and other social outlets
with the goal being to capture email addresses for future cost
effective marketing.
SITE ADDRESS AREA FACING MEDIA TYPE SIZE *PER 4 WEEK NET
RATE CAMPAIGN INFORMATION
2181 I-264 0.3 mi E/O FREDERICK BLVD NS Portsmouth West Digital 14' X 48'
2101 I-264 0.2 mi E/O BALLENTINE BLVD SS Norfolk East Digital 14' X 48'
2267 I-464 0.5 mi N/O FREEMAN AVE WS Chesapeake South Digital 14' X 48'
2030 I-64 0.19 mi E/O RIP RAP RD SS Hampton East Digital 14' X 48'
2298 I-64 0.4 mi N/O TIDEWATER DR WS Norfolk East Digital 14' X 48'
2212 I-664 0.5 mi W/O ABERDEEN RD SS Hampton East Digital 14' X 48'
2338 SR 58 0.1 mi E/O S MILITARY HWY SS Chesapeake
BUDGETARY IMPACT:
Funding is available through the currently approved Marketing
line item of the Tourism budget and a partnership with Smithfield
On The Move’s “Order Healthy Project” and Smithfield Station.
RECOMMENDATION:
For the Board’s information.
ATTACHMENT:
None
ISSUE:
Matters for the Board’s Information
BACKGROUND:
The matters attached to this Board report are included as means of
providing information to the Board relative to matters of interest. These
items do not require any action by the Board.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
1. Monthly Reports: Tax Levies & Collections as of December 2014,
Cash Position, and Treasurer’s Accountability
2. Fire and Rescue Activity Report
3. Sheriff’s Monthly Activity Report
4. County Website Statistics – December 2014
5. First Annual Employee Safety and Wellness Fair
6. Ribbon Cuttings
7. Town Hall Meetings
8. VDOT Residency Administration Update
9. Litter Pickup Schedule
10. Single Audit Report
COUNTY OF ISLE OF WIGHT
STATEMENT OF THE TREASURER'S ACCOUNTABILITY
October 2014
Institution Instrument Rate Term Maturity Balance
Cash
Petty Cash $1,749.44
SUB TOTAL $1,749.44
Checking Accounts
Bank of America General Fund Checking $1,586,513.30
Bank of America School General Fund Checking $3,964,215.29
Bank of America DSS General Fund Checking $1,756,488.06
Bank of America County Payroll Account $127.78
Bank of America School Payroll Account $0.00
Bank of America DSS Payroll Account $0.00
SUB TOTAL $7,307,344.43
Investments
Bank of America Emergency Fund Checking 0.20%$2,548.46
Bank of America Investment Fund 0.20%$1,186,585.15
LGIP General Fund Investment 0.10%$2,573,998.32
SUB TOTAL $3,763,131.93
Restricted Funds
Bank of America School Escrow Fund 0.20%$5,991.79
Bank of America General Recoupment Funds 0.20%$8,803.98
Bank of America Benn's Church Funds 0.20%$22,096.25
Bank of America Special Welfare Funds 0.20%$0.00
Bank of America Special Welfare Donated Funds 0.20%$11,709.75
Bank of America Special Welfare Child Support 0.20%$0.00
Bank of America School's Camp Foundation 0.20%$24,397.37
Bank of America School Food Service Funds 0.20%$444,174.56
BNY Mellon Pace Funds $1,958,210.10
SUB TOTAL $2,475,383.80
Bond Proceeds--Invested in SNAP
2010B Bond $1,140,714.88
2010B Bond Interest 0.14%$32,526.30
2010C Bond $495,196.17
2010C Bond Interest 0.14%$30,325.76
2011A Bond $922,187.26
2011A Bond Interest 0.14%$73,717.59
2011B Bond $1,110,424.05
2011B Bond Interest 0.14%$27,245.78
2011C Bond $124,102.27
2011C Bond Interest 0.14%$45,484.81
2012 Bond $13,269,925.14
2012 Bond Interest 0.14%$64,764.47
SUB TOTAL $17,336,614.48
TOTAL OF ALL FUNDS$30,884,224.08
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4
MEMORANDUM
TO: Anne Seward, County Administrator
FROM: Don Robertson, Director of Information Resources and Legislative
Affairs
SUBJECT: Health Department/ Isle of Wight Rescue Squad Ribbon Cutting
Ceremonies
DATE: January 16, 2015
Renovations to the Isle of Wight Health Department building located at 919 S.
Church Street, Smithfield have been completed and operations are under way in the
renovated facility.
A BRIEF ribbon cutting ceremony will be held at the Health Department at 3:00
p.m. on January 23, 2015.
As staff has previously advised, the Isle of Wight Rescue Squad facility has reached
substantial completion as of October 31, 2014. The final Certificate of Occupancy
was issued on December 1, 2014. The Isle of Wight Rescue Squad began operations
from the new facility in the first week of January 2015.
A ribbon cutting ceremony is scheduled for 4:00 p.m. on January 23, 2015.
MEMORANDUM
TO: Anne Seward, County Administrator
FROM: Don Robertson, Director of Information Resources and Legislative
Affairs
SUBJECT: Town Hall Meetings
DATE: January 16, 2015
The County has recently conducted a Town Hall meeting in the Windsor District and
scheduled a Town Hall meeting in the Carrsville District in effort to inform citizens
and also get feedback from citizens relative to County programs.
The Town Hall meeting for the Windsor District was held at 6:30 p.m. on Tuesday,
January 13, 2015 at the Community Building in Windsor.
The Town Hall meeting for the Carrsville District will be held at 6:00 p.m. on
Wednesday, January 21, 2015 at the Walters Ruritan Building in Walters.
MEMORANDUM
TO: Anne Seward, County Administrator
FROM: Ralph Anderson, Solid Waste Division Manager
SUBJECT: Solid Waste Division Litter Pickup
DATE: January 5, 2015
Solid Waste Division, with the help of the Western Tidewater Regional Jail Workers,
continues to make an effort to keep the County roadways clean. Litter pick-up has been
limited during the months of September thru December due to the focus on the serving
recycling programs, illegal dumping investigation and the limitation on the available
number of Work Release inmates from the Western Tidewater Regional Jail.
The following is a list of roads where litter was picked up during the months of October
thru December 2014:
Route 10: Courthouse Hwy to Ft Huger Dr.
Poor House Rd: Courthouse Hwy to Bob White Rd
Courthouse Hwy: Poor House Rd. to Red House Rd
Central Hill Rd: Courthouse Hwy to Whispering Pine Tr.
Reynold`s Dr.: Brewer`s Neck Blvd to Smith`s Neck Rd.
Smith`s Neck Rd: Carrollton Blvd to Boundary Rd.
Water Works Rd: Route 258 to Magnet Dr.
Stalling Creek Dr.: Mill Swamp Rd to Moon Light Rd.
The following is a list where litter is scheduled to be picked up during the months of
January thru March 2015:
Carroll bridge Rd: Scott`s Factory Rd to Woodland Dr.
Route 10: Courthouse Hwy to Ft Huger Dr.
Old Stage Hwy: Route 10 to Berry Hill Rd.
Berry Hill Rd: Route 10 to Old Stage Hwy.
Foursquare Rd: Courthouse Hwy to Ting Rd.
Waterworks Rd: Courthouse Hwy to Mt Holly Creek Ln
Nike Park Rd: Battery Park Rd to Reynolds Dr.
Titus Creek Rd: Nike Park Rd to Smiths Neck Rd.
Reynolds Dr.: Brewers Neck Blvd to Smiths Neck Rd.
Scott`s Factory Rd: Courthouse Hwy to Turner Dr.
Bethel Church Ln: Waterworks Rd to Blairs Creek Dr.
January 22, 2015/asc/Update Carrollton VFD Compliance with OMD Requirements
ISSUE:
Staff Report: Update Carrollton Vol. Fire Department compliance with OMD
requirements
BACKGROUND:
At the December 18th meeting, staff presented the Board Dr. Joel Michael’s,
the County’s Operational Medical Director’s (OMD), response standards for
the Carrollton Volunteer Fire Department (CVFD). This request was
originally made to CVFD in April 2014 and the response standards were as
follows:
90 second enroute response time by an appropriately staffed medic 90%
of the time
100% sanctioning of all ALS providers through the Tidewater
Emergency Medical Services (TEMS) Council.
Scheduling of all volunteers on a monthly basis to assure around-the-
clock provider availability and determine specific supplemental staffing
needs.
As the CVFD had not met his expectations in regards to the response standards,
Dr. Michael has made the following specific request of CVFD:
Participate in a centralized scheduling program that would include
CVFD, Isle of Wight Volunteer Rescue Squad (IWVRS) and the Isle of
Wight Department of Emergency Services (IOWDES). The first
overall schedule to be established and maintained by a scheduler at
IWVRS beginning February 1, 2015. At the time of adoption, the
schedule shall be consistent with the current IWVRS staffing protocols,
all scheduled ALS providers shall be TEMS sanctioned and BLS
providers shall be reviewed and determined eligible to provide such
care.
IOWDES, in conjunction with IWVRS, to continue to provide
precepting assistance to CVFD members.
January 22, 2015/asc/Update Carrollton VFD Compliance with OMD Requirements
CVFD provide a roster of their current EMS providers, their
certifications and contact information to Chief Brian Carroll by
December 31st.
In the event that CVFD chooses not to comply with Dr. Michael’s response
standards and request, he requests that the BOS evaluate the ability of CVFD
to operate as a Designated Emergency Response Agency (DERA) in the
county.
As of January 12th, CVFD had provided IWVRS with some of the requested
information, but not all. A roster of providers was provided, however,
additional information on some certifications held by the providers is still
needed (clarification on EMT skill level, supervisor capability and EVOC
(driver) certification). The roster provided by CVFD identified 5 TEMS ALS,
8 Not TEMS ALS, 5 EMT Enhanced, 26 EMT-B, 16 Driver/EVOC, 2 FF Only
and 2 Admin staff. An email was sent to all identified CVFD providers on
January 5th requesting their availability for “in station” shift coverage during
the month of February. As of this writing, responses were received from 4
CVFD members and only 1 provided station availability. IWVRS is
attempting to work with Chief Acree and Lt. Gravel to obtain the additional
information needed in order to develop the February schedule, but questions
the ability to accomplish Dr. Michael’s directive due to lack of support from
CVFD members.
Staff will provide additional information at the Board’s meeting on Thursday.
BUDGETARY IMPACT:
There is no budget impact at this time.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
Intergov’t Meeting Request – Smithfield Town Council; CBM; 1/22/2015
ISSUE:
Request from Smithfield Town Council to Hold an
Intergovernmental Meeting
BACKGROUND:
As directed by the Board at the December 2014 meeting, the
County Administrator contacted Peter Stephenson, Town Manager
for the Town of Smithfield, with potential dates for the
intergovernmental meeting in late February 2015. The Town of
Smithfield has responded that it would like to hold the meeting
sooner than the dates and times provided by the County. Staff will
coordinate the intergovernmental meeting with the Town of
Smithfield as directed by the Board.
BUDGETARY IMPACT:
None.
RECOMMENDATION:
Provide direction regarding intergovernmental meeting with the
Town of Smithfield.
ATTACHMENTS:
None
Establishment of Board Committees; 1/22/15; CBM
ISSUE:
Establishment of Board Committees
BACKGROUND:
Members of the Board of Supervisors serve on various committees
including: Building, Grounds & Transportation; Community
Development; Joint Tourism; Parks, Recreation & Cultural;
Personnel; Public Safety; Franklin Intergovernmental Relations;
Smithfield Intergovernmental Relations; and Windsor
Intergovernmental Relations. It is customary that the Chairman of
the Board of Supervisors makes necessary appointments to these
Board committees at the January meeting.
RECOMMENDATION:
Consider appointment of Board members as needed.
ATTACHMENT:
Board Chairman, 2014 Appointed Committees