May 21st, 2015 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
May 21, 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 - Accept and Appropriate Technology Trust Funds to
Automate Land Records and Provide Secure Remote Access to
Land Records
B. Resolution - Accept and Appropriate Bryne JAG Grant Funds
from the Virginia Department of Criminal Justice Services
C. Resolution – Accept and Appropriate Stormwater Research Grant
Funds
D. Resolution – Accept and Appropriate Donated Funds to the
County Fair Fund for the Spring Truck and Tractor Pull Event
E. Resolution – Recognition of Appreciation for Planning
Commissioner Kurt Frischman for his Service
A Community of Choice, Committed to Excellence
F. Resolution – Dissolution of Events Committee
G. March 19, 2015 Regular Meeting Minutes
H. April 1, 2015 Special Meeting Minutes
I. April 6, 2015 Continued Meeting Minutes
J. April 13, 2015 Special Meeting Minutes
6. Regional Reports
7. Appointments
8. Special Presentation/Appearances
A. Recognition of Entrepreneur of the Year
B. Transportation Matters – Joe Lomax, VDOT Resident Engineer
C. Staff Report – TMDL Action Plan Presentation
D. Resolution – Recognizing May 2015 as Building Safety Month
9. Citizens’ Comments
10. Public Hearings
A. Public Hearing - VDOT FY2016-2021 Secondary Six-Year
Improvement Program and Construction Priority List
B. Public Hearing - Nike Park Trail Project Condemnation
Authorization
A Community of Choice, Committed to Excellence
C. Public Hearing – Ordinance Amendment – TND Street Lighting
Guidelines
D. Public Hearing - Voting District Boundary Adjustment
E. Public Hearing - Ennisdale Property Sale
11. County Administrator’s Report
A. Staff Report – Bond Refunding and Financing Opportunities
B. Resolution – Authorizing School’s Categorical Transfer Request to
Address Benefit Pay-out for Administrative Personnel and
Additional Bus Fuel Expenses for the Remainder of the Fiscal
Year
C. Staff Report – Newcomers Guide
D. Motion – Approve the Directional Farm Signage Program
E. Staff Report – Quarterly Financial Report for 3rd Quarter of
FY2015
F. Resolution – Personnel Policy Amendments of the Equal
Employment Opportunity Policy, Workplace Harassment Policy
and Violence in the Workplace Policy
G. Motion to Continue the Meeting to June 3, 2015
H. Informational Items
a. FYI - Monthly Reports: Tax Levies & Collections as of April
2015; Cash Position; and, Statement of the Treasurer’s
Accountability
b. FYI - Isle of Wight County Monthly Fire/EMS Call
Summary and Other Statistics FY 2014/2015
A Community of Choice, Committed to Excellence
c. FYI - Isle of Wight Sheriff’s Monthly Activity Report/April
2015
d. FYI - Isle of Wight Website Statistics/April 2015
e. FYI - Solid Waste Division Litter Pickup
f. FYI – COMCAST
g. FYI – County Awarded Excellence in Financial Reporting by
GFOA
h. FYI – WTWA Presentation from April BOS Meeting
i. VDOT Route 460 Status Update
12. Unfinished/Old Business
13. New Business
14. Adjournment
May 21, 2015/MWT/TTF
ISSUE:
Resolution to Accept and Appropriate Technology Trust Funds to
Automate Land Records and Provide Secure Remote Access to Land
Records
BACKGROUND:
A primary purpose of the Technology Trust Fund (TTF) fee is to
generate funds for Clerks of Circuit Court to automate land records and
provide secure remote access to land records. The Compensation
Board is responsible for allocation of TTF monies and the Clerks of
Circuit Court make annual budget requests to the Compensation Board
for technology equipment and services. Isle of Wight County has
received an allocation amount of $14,102.
BUDGETARY IMPACT:
Adoption of the attached resolution will increase the revenues and
expenditures of the FY 2014-15 General Operating Budget by the
amount of $14,102.
RECOMMENDATION:
Adopt a resolution to accept and appropriate TTF funds for the purpose
of automating land records and providing secure remote access to land
records.
ATTACHMENTS:
- Resolution
- Virginia Compensation Board Documents
RESOLUTION TO ACCEPT AND APPROPRIATE
TECHNOLOGY TRUST FUNDS TO AUTOMATE LAND RECORDS AND PROVIDE SECURE REMOTE ACCESS TO
LAND RECORDS
WHEREAS, the State Compensation Board is responsible for the
allocation of Technology Trust Fund (TTF) monies and technology
improvements of land records, including the provision of secure remote
access of electronic land records is a priority of the Technology Trust Fund;
and,
WHEREAS, Technology Trust funds in the amount of fourteen
thousand one hundred two dollars ($14,102) from the Virginia Compensation
Board needs to be accepted and appropriated to the FY2014-15 Operating
Budget of the County of Isle of Wight.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia, that fourteen
thousand one hundred two dollars ($14,102) or so much as shall be received
from Virginia Compensation Board be appropriated to the FY 2014-15
Operating Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized by the Board of Supervisors to make the
appropriate accounting adjustments and to do all things necessary to give this
resolution effect.
Adopted this 21st day of May, 2015.
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
Approved as to form:
__________________________________
Mark Popovich, County Attorney
May 21, 2015/MWT/Byrne Justice Grant-Board Report
ISSUE:
Resolution to Accept and Appropriate Byrne JAG Grant Funds from
the Virginia Department of Criminal Justice Services
BACKGROUND:
The Byrne Justice Assistance Grant Program (JAG) makes federal
funds available through grant allocations to localities to help support
efforts to reduce crime and improve public safety. The Isle of Wight
County Sheriff’s Office has been awarded $1,856 with a required
County match of $206 for a total grant award of $2,062.
BUDGETARY IMPACT:
Funding in the amount of $206 is available in the Grant Fund
Operating Budget to meet the local match requirement.
RECOMMENDATION:
Adopt a resolution to accept and appropriate grant funds.
ATTACHMENTS:
. Resolution
. Award Letter
May 21, 2015/MWT/Byrne Justice Grant-Board Report
RESOLUTION TO ACCEPT AND APPROPRIATE BYRNE JAG
GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized acceptance of a grant allocation from the Virginia
Department of Criminal Justice Services; and,
WHEREAS, grant funding in the amount of one thousand eight
hundred and fifty-six dollars ($1,856) or as shall be received from the
Virginia Department of Criminal Justice Services needs to be accepted and
appropriated to the FY 2015-16 Grant Fund of Isle of Wight County,
Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
by the Board of Supervisors of Isle of Wight County that grant funds in the
amount of one thousand eight hundred fifty-six dollars ($1,856) or as much
as shall be received from the Virginia Department of Criminal Justice
Services be appropriated to the appropriate line item in the FY 2015-16 Grant
Fund of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
Adopted this 21st day of May, 2015.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
ISSUE:
Resolution - Accept and Appropriate Stormwater Research Grant
Funds
BACKGROUND:
In February 2015, the County successfully applied for grant funds and
the Department of Environmental Quality (DEQ) has awarded the
County a $25,000 grant to offset the costs associated with the research
and collection of data for stormwater management facilities constructed
in the County’s urban areas. The County will use these funds to
complete the mandatory TMDL Action Plan elements to demonstrate
how it will comply with mandatory pollutant reduction requirements.
Part of this analysis entails providing research and collecting data on
existing stormwater management facilities in the County to assess how
past stormwater management practices will contribute to the County’s
overall action plan.
BUDGETARY IMPACT:
No matching funds by the County are required; however, acceptance of
the grant funds will increase the revenues and expenditures of the Grant
Fund Budget by $25,000.
RECOMMENDATION:
Adopt a resolution to accept and appropriate funding in the amount of
$25,000 to the FY14-15 Grant Fund Budget.
ATTACHMENTS:
- Resolution
- DEQ Grant Award Contract
May 21, 2015/dnj/Historic BMP Grant - Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE
STORMWATER REARCH GRANT FUNDS
WHEREAS, the Commonwealth of Virginia Department of
Environmental Quality recently committed to a grant award to Isle of Wight
County in the amount of twenty-five thousand dollars ($25,000); and,
WHEREAS, said grant funds will be used for the purpose of research
to support the development of the County’s TMDL Action Plan; and,
WHEREAS, said grant funds need to be accepted from the
Commonwealth of Virginia Department of Environmental Quality and
appropriated to the FY14-15 Grant Fund Budget.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
that the Board of Supervisors of the County of Isle of Wight, Virginia accepts
grant funds in the amount of twenty-five thousand dollars ($25,000) from the
Commonwealth of Virginia Department of Environmental Quality and
appropriates said grant funds to the FY14-15 Grant Fund Budget.
BE IT FURTHER RESOLVED, that the County Administrator of
Isle of Wight County, Virginia be hereby authorized to make the appropriate
accounting adjustments in the budget and do all things necessary to give this
resolution effect.
Adopted this 21st day of May, 2015.
Rex Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
ISSUE:
Resolution to Accept and Appropriate Donated Funds to the
County Fair Fund for the Spring Truck and Tractor Pull Event
BACKGROUND:
The Isle of Wight County Fair Committee is holding a Truck and
Tractor Pull at the Joel C. Bradshaw Fairgrounds on Saturday,
May 30, 2015. The Fair Committee did not have sufficient funds
remaining in their budget to the host the event; however, they
were able to raise the additional $2,000 necessary to hold the
event through the generous sponsorships of local and regional
businesses. Those funds will need to be appropriated the County
Fair Fund.
BUDGETARY IMPACT:
Acceptance of the funds will increase the County Fair Fund
Budget by $2,000.
RECOMMENDATION:
Adopt a resolution.
ATTACHMENT:
Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE DONATED
FUNDS TO THE COUNTY FAIR FUND FOR THE SPRING TRUCK AND TRACTOR PULL EVENT
WHEREAS, the Isle of Wight County Fair Committee desires to hold
a Truck and Tractor Pull event at the Joel C. Bradshaw Fairgrounds; and,
WHEREAS, the Fair Committee has received funding in the amount
of two thousand dollars ($2,000) from local and regional businesses for the
purpose of holding the Truck and Tractor Pull event; and,
WHEREAS, the contributions received need to be accepted and
appropriated to the County Fair Fund budget.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia, that two
thousand dollars ($2,000) or so much as shall be received from local and
regional businesses for the purpose of holding a Truck and Tractor Pull be
appropriated to the FY 2014-15 County Fair Fund budget.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized by the Board of Supervisors to make the
appropriate accounting adjustments and to do all things necessary to give this
resolution effect.
Adopted this 21st day of May, 2015.
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
Approved as to form:
__________________________________
Mark Popovich, County Attorney
ISSUE:
Planning Commission Resolution of Appreciation for Kurt G.
Frischmann
DESCRIPTION:
At its meeting on March 31, 2015, the Planning Commission
adopted a Resolution of Appreciation for Kurt G. Frischmann.
Mr. Frischmann served on the Planning Commission for four (4)
years representing the Newport Election District.
STAFF RECOMMENDATION:
For the Board’s information.
ATTACHMENT:
Resolution adopted by the Planning Commission on March 31,
2015
ISSUE:
Resolution to Dissolve the Isle of Wight County Events
Committee
BACKGROUND:
At its March 4, 2015 meeting, the Isle of Wight County Events
Committee approved a motion to recommend the Committee be
dissolved by the Board of Supervisors. The Committee cited the
difficulty in recruiting members as their reason and further
recommended that the funding be turned over to the Department
of Parks and Recreation to continue the planning of their annual
events. Currently, the Events Committee is responsible for three
events, Volunteer Recognition Month, a Veterans Day Program,
and the Wreath Hanging.
Many members of the Committee expressed interest in
continuing to be involved with the events by volunteering for the
Department of Parks and Recreation.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt a resolution to dissolve the Isle of Wight County Events
Committee.
ATTACHMENTS:
- Resolution
- Event Committee Meeting Notes
RESOLUTION TO DISOLVE THE ISLE OF WIGHT COUNTY
EVENTS COMMITTEE
WHEREAS, the Isle of Wight County Board of Supervisors
established the Events Committee in order to coordinate events such as
Volunteer Recognition Month activities, the Veterans Day Program, and the
Courthouse Wreath Hanging; and,
WHEREAS, at its meeting on March 6, 2015, the Isle of Wight
County Events Committee adopted a motion to recommend to the Isle of
Wight County Board of Supervisors that the Committee be dissolved.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
by the Board of Supervisors of the County of Isle of Wight, Virginia that the
Isle of Wight County Events Committee be hereby dissolved and the events
previously coordinated by the Events Committee be assigned to the
Department of Parks and Recreation.
Adopted this 21st day of May, 2015.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
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SUMMARY OF DISCUSSION OF THE ISLE OF WIGHT COUNTY
EVENTS COMMITTEE HELD THE SIXTH DAY OF MARCH IN THE
YEAR TWO THOUSAND AND FIFTHTEEN
PRESENT: Marie Johnson, Chairperson
Janet Robertson, Vice Chairperson
Debbie Gatti
Janice Dale
ABSENT: Jane March
Barbra Jacobs
Hannah Holland
Also Attending: Mark Furlo, Director of Parks and Recreation
The Events Committee was called to order at 1:00 p.m. in the Nike Park
Aerobics Room, 13036 Nike Park Road, Carrollton, Virginia 23314
//
A discussion was held on dissolving the Events Committee and turning the
planning and coordination of the events over to the Department of Parks and
Recreation
//
A motion was made to recommend to the Board of Supervisors that the
Events Committee be dissolved and the events they we responsible be turned
over to the Department of Parks and Recreation. The motion was adopted by
a 4 – 0 vote.
//
The Events Committee Meeting was adjourned at 1:25 p.m.
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF MARCH IN THE
YEAR TWO THOUSAND AND FIFTHTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the Chairman called the meeting to order.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711(A)(1) of the Code of Virginia concerning the appointment of
specific appointees to County board/committees/authorities; pursuant to
Section 2.2-3711(A)(3) regarding the disposition of publicly held real
property where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body related to the
Ennisdale property; pursuant to Section 2.2-3711(A)(7) concerning
consultation with legal counsel pertaining to probable litigation where such
consultation in open meeting would adversely affect the litigating posture of
this public body related to the Isle of Wight Volunteer Rescue Squad
construction project; pursuant to Section 2.2-3711(A)(3) concerning
discussion regarding publicly held real property where discussion in open
session would adversely affect the bargaining position or negotiating strategy
of the public body related to the Stoop property.
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Supervisor Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Jefferson moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the closed meeting.
At 6:00 p.m., Supervisor Darden delivered the invocation.
The Pledge of Allegiance to the Flag was conducted.
APPROVAL OF AGENDA
Supervisor Bailey moved that the agenda be approved, as amended,
to add under New Business a request from the Rushmere Volunteer
Fire Department regarding relief from having to pay that
Department’s water bill for fire protection and training purposes and
also under New Business a matter concerning direction to staff to have
the proper authorities determine if the land at Bradby Park is a
wetland, as requested by Supervisor Jefferson. The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen,
Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
CONSENT AGENDA
A. Resolution – Recognition of Volunteer Recognition Week
B. Commission on Aging – Newport District Appointment
C. Amendments to the Commission on Aging By-Laws
D. Carrollton Volunteer Fire Department ALS Interim Solution
Update
4
E. Resolution – Accept and Appropriate an Insurance
Reimbursement from VACORP Risk Management for
Replacement of a 2013 Dodge Charger
F. Resolution – Authorize the Conveyance of Real Property to the
Virginia Department of Transportation
G. March 4, 2014 Special Meeting Minutes
H. September 18, 2014 Regular Meeting Minutes
I. September 19, 2014 Retreat Minutes
J. October 16, 2014 Regular Meeting Minutes
K. November 20, 2014 Regular Meeting Minutes
L. December 18, 2014 Regular Meeting Minutes
Supervisor Casteen moved that the Consent Agenda be adopted. The
motion was adopted by a vote of (5-0) with Supervisors Alphin,
Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
REGIONAL REPORTS
Supervisor Casteen reported that the next Joint Tourism meeting will be
held in the County Administrator’s office on Friday, March 20th.
5
Supervisor Darden reported that only routine matters had been discussed
at the most recent meeting of the Hampton Roads Planning District
Commission.
Chairman Alphin reported that Old Pointe Bank was selected as the
Hampton Roads Transportation Accountability Commission’s bank for the
deposit of fuel and sales tax deposits. He shared the Commission’s
purpose to fund projects chosen by other organizations in the Hampton
Roads region and to use such monies solely for new projects on new and
existing highways, bridges and tunnels in the localities comprised of
District 23 with priority being given to projects which are expected to
provide the greatest impact on reducing congestion for the greatest
number of citizens.
APPOINTMENTS
Supervisor Casteen moved that Bruce Cobb be recommended to the
Circuit Court Judge representing the Smithfield District on the Board
of Equalization. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Bailey moved that Russell J. Parrish be reappointed to
serve on the HARC representing the Newport District. The motion
was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bailey moved that Robert F. Lockhart, Jr. be recommended
to fill the unexpired term of Ed Easter representing the Newport
District on the Board of Zoning Appeals. The motion was adopted by
a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and
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Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bailey moved that Robert F. Lockhart, Jr. be recommended
to the Circuit Court Judge representing the Newport District on the
Board of Equalization. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that James P. O’Briant be reappointed to
serve on the Planning Commission representing the Windsor District.
The motion was adopted by a vote of (5-0) with Supervisors Alphin,
Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Alphin moved that Zenobia Williams be appointed to the
Commission on Aging representing the Carrsville District and
replacing Ben Rideout on the Commission on Aging. The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen,
Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin moved that Don Rosie be reappointed to serve on
the Planning Commission representing the Carrsville District. The
motion was adopted by a vote of (5-0) with Supervisors Alphin,
Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bailey moved that Supervisor Darden be appointed to
serve as a voting member on the Western Tidewater Water Authority.
The motion was adopted by a vote of (5-0) with Supervisors Alphin,
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Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bailey moved that Supervisor Casteen be appointed to
serve as a voting member on the Western Tidewater Water Authority.
The motion was adopted by a vote of (5-0) with Supervisors Alphin,
Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bailey moved that County Administrator Seward be
appointed to serve as a voting member on the Western Tidewater
Water Authority. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Bailey moved that County Attorney Popovich be
appointed as the Alternate on the Western Tidewater Water
Authority. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
SPECIAL PRESENTATION/APPEARANCE
An update on the Route 460/Commonwealth project was provided to
the Board by Angel Deem, Environmental Division Director, Virginia
Department of Transportation.
The results of the County’s biennial reassessment of real estate were
presented by Steve Wampler, Wampler-Eanes.
Gerald H. Gwaltney, Commissioner of the Revenue advised that the
assessments would translate into flat revenue.
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The results and recommendations of the County’s Public Utilities rate
study were presented by Amy Santos, Associate Vice President,
Arcadis US, Inc.
Supervisor Casteen requested that the information presented in the
presentation be included in the FYI section of the County
Administrator’s report.
CITIZENS’ COMMENTS
Herb DeGroft of 15411 Mill Swamp Road spoke regarding onerous
costs to the County and an associated plan to lower those costs.
Anita Phelps formally introduced Patty Frances, the new President of
Smart Beginnings.
Michael Uzzle of 9471 Central Hill Road cautioned the Board to be
careful of adopting new laws before determining if they are going to
be helpful or not and to think about the amount of money being spent
and how it will be paid back.
Pete Green commented that increased population equates to increased
needs for services. He spoke on the issue of the Norfolk Water
Agreement and suggested the County might have a need for an
attorney familiar with the review of contracts, specifically with regard
to escape clauses. He presented a request that the County’s taxes and
fees be frozen January 1, 2015 levels for a period of three years until
the County’s debt is leveled out.
T. Dale Scott, Windsor District, reiterated the desire of the Windsor
Volunteer Fire Department for the County to sign the revised
Facilities Use Agreement prepared by Attorney Crook.
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Debbie Bales of 115 Arabian Trail encouraged the Board to adopt the
revised Facilities Use Agreement prepared by Attorney Crook and
restore funding to the Carrollton and Windsor Volunteer Fire
Departments.
Stan Clark of 21500 Twin Hill Lane addressed the former Board’s
rationale behind signing an agreement for water with Norfolk and
relayed the need for increased economic development efforts in the
County.
PUBLIC HEARINGS
Chairman Alphin called for a public hearing on the following:
A. Sale of Old Isle of Wight Rescue Squad Building to the Town of
Smithfield
County Attorney Popovich advised that in accordance with an
agreement that the County had reached with the Town of Smithfield
and which has been recorded in the Clerk of Circuit Court’s office, at
such time as that facility ceases to be used for public purposes, the
Town of Smithfield was given the option for purchasing the County’s
interest in the building, but not the land. He advised the County has
come to an agreement with the Town of Smithfield that the County’s
interest in the building can be purchased for a total value of $255,000.
Chairman Alphin called for persons to speak in favor of or in
opposition to the sale of the building.
No one appeared and spoke.
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Chairman Alphin closed the public hearing and called for comments
from the Board.
Supervisor Bailey moved to authorize the Chairman to execute the
Deed of Bargain and Sale of the old Isle of Wight Rescue Squad
building to the Town of Smithfield. The motion was adopted by a
vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Alphin called for a public hearing on the following:
B. Ordinance Amending and Reenacting the Isle of Wight County
Code By Amending and Reenacting Chapter 15. Taxation. By
Enacting Article VII. Appeals of Real Estate Assessments
Charles B. Meek, III, Assistant to the County Administrator,
represented the proposed amendments related to the timeframe for
appeals of real estate assessments to the Board of Equalization.
Chairman Alphin called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Gerald H. Gwaltney, Commissioner of the Revenue, spoke in
opposition stating that the General Assembly permits Boards of
Equalization to meet for one year; however, the amendment proposed
will reduce the time of appeal to thirty days and the appeal deadline
is over before the County’s tab bills are mailed out. He suggested that
the matter has not been properly advertised and, therefore, cannot be
voted on by the Board at this meeting.
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Chairman Alphin closed the public hearing and called for comments
from the Board.
Responsive to whether or not the proposed amendments had been
properly advertised, County Attorney Popovich advised that the
ordinance had been properly advertised.
Supervisor Casteen moved that the Ordinance be denied. The motion
was adopted by a vote of (4-1) with Supervisors Alphin, Bailey,
Casteen and Jefferson voting in favor of the motion and Supervisor
Darden voting against the motion.
The Board took a recess and reconvened in ten minutes.
Supervisor Bailey moved that the public hearings on Item (C),
Resolution Amending the Comprehensive Plan through Changes to
the Text & Maps in Chapter 4 “Growth Management & Land Use”
and Item (D), Ordinance Amending and Reenacting Various County
Code Sections (Appendix B, Zoning: Article IV, Zoning & District
Boundaries; Article V: Supplementary Use Regulations; Article X –
Vehicle Parking Facilities) based on the ISLE 2040 Plan be combined
due to their similarity of content. The motion was adopted by a vote
of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and
Jefferson voting in favor of the motion.
Beverly H. Walkup, Director of Planning and Zoning, provided a
PowerPoint presentation on the process undertaken to date on the
proposed ISLE 2040 Plan, designed to manage growth, not discourage
it.
Richard Rudnicki, Assistant Director of Planning and Zoning,
provided a PowerPoint presentation on the proposed ISLE 2040 Plan
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outlining County statistical information on median age, income and
household values, acres of land and the results of a citizen survey. He
elaborated on the reasons for change; associated water cost and usage;
and areas of recommended enhancement and expansion and the
results of an independent economic analysis.
Ms. Walkup briefed the Board regarding the public meetings held and
addressed recurring questions/comments that had been received
regarding the Plan.
Chairman Alphin called for persons to speak in favor of or in
opposition to the proposed matters.
Betty Clark of Virginia Beach acknowledged the work of County
Planners stating that the County is perceived by many as backward,
behind the times and stagnant. She spoke in favor of moving the
County progressively forward.
Betsy Egan of Smithfield spoke in favor of moderate, managed growth
and against excessive growth and overdevelopment. She encouraged
the Board to deny the changes to the Comprehensive Plan, the map
under discussion and the proposed Zoning Ordinance. She stated that
the meetings held by staff do not constitute consultation with the
public for the purpose of community planning. She stated that the
proposed ISLE 2040 Plan violates the County’s current
Comprehensive Plan and that the trust of citizens has been broken.
She commented that the Plan piece meals the northeast portion of the
County and does not comprehensively address the Town of Windsor
and its industrial park. She stated that studies are required by law for
changes to the Comp Plan, but have not been shared with the public.
13
Todd Roshenberger of 103 Mariner’s Point Lane in Smithfield,
representing the Chamber of Commerce Board of Directors, voiced the
Chamber’s support for the ISLE 2040 Plan which will attract younger
residents to the County; bring additional businesses in the County;
and, expand the residential/commercial property tax base.
Victoria Hewlett of Creekside Drive in Smithfield advised that
residents in the northern end of the County want a long-term plan
that benefits the County at this time, as well as in the future. She
stated the rural feel and low tax rate are the reason many people love
the County and the residents in the northern end of the County
deserve a quality of life that the proposed ISLE 2040 Plan will not
provide.
Todd Alan of Sunrise Bluff Lane in Smithfield spoke against living in
a high density district and he urged the Board to vote against the ISLE
2040 Plan.
Lance Large, a design consultant, on behalf of a Route 17 property
owner, spoke in favor of the ISLE 2040 Plan because it demonstrates
smart growth and preserves open space.
Shelly Perry, Hardy District, spoke against the Plan because of its
density. She stated County residents stand behind each other, help
one another when needed and know each other by name.
Branch Lawson, President, East West Partners, spoke in favor of the
proposed Plan stating it minimizes sprawl and increases possibilities
of commercial and workplace development within the proposed areas
and allows the County to capitalize on its diverse strengths.
14
Edmond Easter of Hideaway Lane spoke in support of the proposed
Plan and staff’s thorough examination of developing the Plan to
ensure proper management of growth.
Leah Dempsey of Smithfield spoke in support of the proposed Plan
which provides short and long-term financial health and a tool for
locating development where it best makes sense. She stated diversity
in the tax base is necessary and the proposed plan represents a
reasonable approach to preserve the rural nature of the majority of the
County, while also providing citizens who choose to live in this
district the amenities that bring value to the community. She stated
this plan also allows for areas of higher density, allowing for more
affordable housing options for those who want to live and work in the
County.
Erin Millican, a resident of Carrollton, spoke in favor of the growth
and amenities offered in that area in the Plan. He stated as a
development team member for East West Partners, much care was
taken to solicit input from all interested parties. He stated the
proposed Plan has been thoughtfully put together to address the
many needs of the County while growing it in a way that puts density
where it has already been planned for. He stated this Plan minimizes
sprawl and utilizes the County’s land assets based on location; places
density where it makes sense; and, preserves the rural character of the
County.
Mark Edwards, a resident of the County, spoke in favor of the Plan
stating that he hopes that it will bring the much needed commercial
amenities and conveniences to the right areas of the County and help
to keep tax and water rates more reasonable.
15
Christine Vacalotoes of Smithfield expressed opposition to the
proposed Plan stating that she does not want to live in an area with
high density development and its associated traffic, noise and crime.
She spoke in favor of seeking a high quality, low-density development
with focus on improving County schools and quality of life in the
County.
Herb DeGroft, Hardy District, showed a petition containing 508
names to the Chairman and noted his opposition to consideration for
a special taxing district for the Newport District. He stated there are
two new land use designations; however, Weldon Cooper only used
urban residential data; and, he requested additional time with citizen
input in a town hall meeting.
Pat Clark of Carrollton recalled a number of past experiences
involving cooperative County spirit.
Stan Clark of Smithfield recommended that, in the future, the Board
conduct a special meeting when public hearings involving
controversial issues is set. He commented that the proposed Plan is
flawed in numerous ways and based on incorrect and missing data
that should have been included.
Bob Swartz of Mill Swamp Road recommended that citizens be
prepared to present facts to the Board.
Paul Robbins of the Newport District spoke in opposition to the
proposed Plan stating that beuracrats who do not live in the County
are proposing policies that affects the lives of citizens who reside in
the County without their input.
16
Liz Coburn of Carrollton commented that the majority of County
residents are not in favor of the proposed Plan. She stated that many
of the reasons she originally moved to Carrollton for are already
disappearing and many of the new homes being built are located very
close to its other. She noted concern with increased traffic lights;
conjestion; crime; less open spaces; increased real estate taxes and
costly water increases. She commented that high density will not stop
at Carrollton and will eventually come afurther into the County to
help pay for new infrastructure.
Bill Coburn of Carrollton advised that the Isle of Wight Republican
Committee unanimously opposes the proposed Plan which was
developed as a solution to increased revenue needs resulting from
overspending and a water deal based on faulty assumptions. He
stated the latest Cooper Weldon estimates only show the County
increasing by 2.6% over the last four years.
Terry Kelpian of the Newport District spoke in opposition to the
proposed Plan because it ignores the Route 258 Corridor and moves
all development into the Newport District. He pointed to those
citizens in attendance who have spoken against the Plan and noted
that only developers have spoken in favor. He urged the Board to not
take action on the Plan until further review can be done which
includes development across the entire County. He stated the current
traffic congestion in the Carrollton area needs to be addressed before
adding anything more to that area.
Bill Egan of Smithfield spoke against the proposed ISLE 2040 Plan
stating that he believes it falls shorts of being a comprehensive plan
because it does not consider the basis and the method used relative to
the distribution of the population.
17
Mary Cowal of Smithfield spoke in favor of that area remaining
undeveloped. She stated soils in that area do not support dense
housing and she asked that the rural area be preserved.
Bill Hertford of Carrollton spoke in favor of reasonably planned
growth based on accurate data.
Dr. Garrett Edwards of Nike Park Road commented that the County
needs to focus on bringing in new businesses. He stated soils in the
Newport District are extremely wet and dense housing in the long
term will cause problems. He recommended that a referendum be
held on larger matters such as this one.
Chairman Alphin closed the public hearing and called for comments
from the Board.
Supervisor Bailey commented on the wetness of the soil around Nike
Park Road and stated he did not think this area is developable. He
suggested developing a plan with citizen input and that he cannot
vote for the proposed Plan. He recommended that the matter be
postponed until additional input is received.
Supervisor Darden commented that she has learned to respect and
trust staff. She noted three areas of concern for her are is it possible to
add green space (conservation areas); can the density be tweaked to
allow for commercial growth and expansion of the proposed
development service district; and, how can the plan to develop
Windsor work in conjunction with the proposed Plan. She
commented that other types of housing are needed in the County and
the proposed Plan does bring the type of mix needed. She
recommended that staff could look at her suggestions and come back
to the Board in the near future.
18
Supervisor Jefferson stated that he supports the proposed Plan
commenting that the Newport District is a service district and
expected to grow. He noted that substantial investments have been
made by the County in that district and infrastructure is in place to
support this plan and the County has a chance to receive a return on
its investments.
Supervisor Casteen commented that he is a proponent of managed
growth as it occurs. He stated additional input and analysis is
needed, as well as additional time to discuss and tweak the proposed
Plan so that it can be one that all can agree on.
Chairman Alphin commended staff for countless hours working on
the proposed Plan. He stated that citizens also have a right to have a
voice in what happens in their community. He noted that some of the
concerns noted tonight need to be addressed before a vote is taken.
Chairman Alphin moved, but withdrew his motion following
discussion by the Board, that staff return in 60 days to advise the
Board as to the status of their review of the ISLE 2040 Plan in
addressing Supervisor Darden’s concerns relative to any additional
citizen input staff has received up to that point.
Chairman Alphin then moved that staff be directed to provide an
update to the Board in 60 days at its regular meeting of May 21, 2015
to provide an update as to staff’s evaluation to address Supervisor
Darden’s concerns (inclusion of conservation areas, staff to start on the
Windsor plan and, if possible, tweak the density numbers to what the
Board wants while still satisfying the number of people needed and
additional citizen input) and Supervisor Bailey’s concerns (Nike Park
Road and additional citizen input) and any additional citizen input
19
that may be obtained between now and that time). The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen,
Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
The Board took a five-minute recess.
COUNTY ADMINISTRATOR’S REPORT
Chairman Alphin moved that a special meeting be set for Wednesday,
April 1, 2015 at 9:00 a.m. in the Board Room to present the proposed
Operating and Capital Budget and related Ordinance/resolutions and
that the following matters contained in the County Administrator’s
section of the agenda tonight be moved to that meeting for
consideration at that time: Item (A), Resolution to Adopt Chapter 1;
Item (B), Legislative Update; Item (D), Resolution to Transfer
Available FY 14 Fund Balance Roll Over Funds for One-time Capital
Purposes; and, a public hearing associated with the Resolution to
Authorize the Conveyance of Property to the VDOT located in
Carrsville relative to VDOT’s new bridge construction project which
was contained and subsequently adopted under the Consent Agenda
tonight. The motion was adopted by a vote of (5-0) with Supervisors
Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the
motion and no Supervisors voting against the motion.
The following informational items contained in the agenda were
highlighted by County Administrator Seward for the Board’s
information: Tax Levies & Collections as of February 2015; Cash
Position; Statement of the Treasurer’s Accountability; Isle of Wight
County Monthly Fire/EMS Call Summary and Other Statistics FY
2014/2015; Isle of Wight Sheriff’s Monthly Activity Report/February
2015; Isle of Wight Website Statistics/February 2015; Planning
20
Commission 2014 Annual Report; Board of Zoning Appeals 2014
Annual Report; Wetlands Board 2014 Annual Report; Solid Waste
Division Litter Pickup; HRPDC Growth Trends in Hampton Roads
Presentation; VOPEX 2015 Report; and Board Committee Meetings of
the Isle of Wight/Town of Smithfield Intergovernmental Relations
Committee Meeting of February 25, 2015, the Parks and Recreation
Committee Meeting of March 4, 2015 and the Public Safety Committee
Meeting of March 6, 2015.
UNFINISHED/OLD BUSINESS
There was no unfinished/old business offered for discussion by the Board.
NEW BUSINESS
At the request of Supervisor Jefferson, County Administrator Seward
offered to bring back a report to the Board regarding Rushmere
Volunteer Fire Department’s request for relief of water bills (with no
negative impact on that Department’s budget) at the Board’s April 16,
2015 regular meeting.
At the request of Supervisor Jefferson, County Administrator Seward
offered to bring back a report to the Board at its April 16, 2015 regular
meeting regarding staff’s efforts to determine if the land identified as
Bradby Park is located on wetlands and whether or not it can be used
as a park.
At the suggestion of Supervisor Darden, County Administrator
Seward offered to contact Chris Pomeroy, Esq. regarding his
availability to make a special presentation to the Board regarding the
Western Tidewater Water Authority’s background at a future meeting
of the Board.
21
//
At 10:55 p.m., the Chairman declared the meeting adjourned.
__________________________
Rex W. Alphin, Chairman
_______________________________
Carey Mills Storm, Clerk
1
SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIRST DAY OF APRIL IN THE YEAR TWO
THOUSAND AND FIFTHTEEN IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Alphin called the special meeting to order at 9:00 a.m. for the
purpose of presenting the proposed Operating and Capital Budget and related
Ordinance/resolutions and the following matters not considered at the
Board’s regular meeting of March 19, 2015 under the County
Administrator’s section of the agenda: Item (A), Resolution to Adopt
Chapter 1; Item (B), Legislative Update; Item (D), Resolution to Transfer
Available FY 14 Fund Balance Roll Over Funds for One-time Capital
Purposes; and, a public hearing associated with the Resolution to Authorize
the Conveyance of Property to the VDOT located in Carrsville relative to
VDOT’s new bridge construction project.
APPROVAL OF AGENDA
There being no revisions offered, Supervisor Casteen moved that the agenda
be adopted. The motion was adopted by a vote of (4-0) with Supervisors
Alphin, Bailey, Casteen and Jefferson voting in favor of the motion;
Supervisor Darden absent for the vote and no Supervisors voting against the
motion.
A Resolution to Adopt Chapter 1: Personnel, Article V, Section 5.14 and
Amend Chapter 1: Personnel, Article VI, Section 6.4, Chapter 1: Personnel,
2
Article VII and Article VIII of the County Personnel Policy was introduced
by Mary Beth Johnson, Director of Human Resources.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE V,
SECTION 5.14 AND AMEND CHAPTER 1: PERSONNEL, ARTICLE VI,
SECTION 6.4, CHAPTER 1: PERSONNEL, ARTICLE VII AND ARTICLE
VIII OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines regarding the provision of
paid leave types for employees and desires to adopt a new additional
employee paid leave type of Recognition Leave under Chapter 1: Personnel,
Article V, Section 5.14 of the County Policy Manual; and
WHEREAS, the County has established guidelines regarding the provision of
the Virginia Retirement System benefit, disciplinary policy and procedures,
and grievance policy and procedures under Chapter 1: Personnel, Article VI,
Section 6.4, Article VII, and Article VIII of the County Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel,
Article VI, Section 6.4, Article VII, and Article VIII of the County Policy
Manual to clarify the provisions, guidelines, rules and procedures for the
provision of Virginia Retirement System participation, discipline, and
grievances; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article
V, Section 5.14 is adopted and Chapter 1: Personnel, Article VI, Section 6.4,
Article VII, and Article VIII of the County Policy Manual is hereby amended
as follows:
Chapter 1: Personnel
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006,
3
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16,
2014, December 18, 2014, April 1, 2015)
Section 5.14
(Adopted April 1, 2015)
Recognition Leave
All personnel are eligible to receive leave hours for the purpose of such
instances as the recognition of service to the County, in conjunction with the
promotion of or participation in safety, health, or wellness initiatives, or for
any other purpose approved by the County Administrator. Recognition leave
is intended to provide employees paid leave separate and apart from his/her
other available paid leave types.
For the purpose of the recognition of five years of service milestones with the
County, the following schedule will apply:
Years of Service Number of Recognition Leave Hours
Awarded
5 4
10 8
15 12
20 16
25 20
< 30 24
Recognition leave is non-cumulative, must be taken within 90 calendar days
of it being granted, and any remaining balance thereof shall be forfeited at the
end of the 90 calendar day period. Any recognition leave shall not be paid
upon separation of employment, is non-transferrable, and is not compensable
in the form of monetary compensation in lieu of paid leave time. Use of
recognition leave hours must be scheduled and approved in advance by the
employee’s immediate supervisor. Recognition leave shall be granted to an
employee for a specific purpose by the Human Resources Department upon
approval of the County Administrator or his/her designee. The Human
4
Resources Department shall inform the employee’s department director that
such recognition leave has been granted.
ARTICLE VI
Benefits
(Revised January 17, 2002, September 1, 2005, December 15, 2005, October
16, 2006, October 4, 2007, November 15, 2007, July 1, 2008,
December 4, 2008, November 20, 2014, December 18, 2014, April 1, 2015)
Section 6.4
(Revised December 15, 2005, October 4, 2007, April 1, 2015)
Virginia Retirement System
The County shall provide membership in the Virginia Retirement System
(VRS) in the appropriate state retirement plan for all employees who are
eligible under the rules and regulations of the system. Employees are
required to contribute to the applicable plan in which they are enrolled and
the County pays the employer contribution on behalf of the employee, which
varies based on the applicable plan. Provides an employee with retirement
benefits if the employee is at least 50 years old and has at least five (5) years
of contributions in the VRS. The amount of retirement benefits varies based
on factors such as years of covered service, age upon retirement, and salary.
The County pays the full cost of the VRS contribution on the employee’s
behalf.
ARTICLE VII
Disciplinary Policy
(Revised February 2, 2006, April 1, 2015)
Section 7.0
(Revised February 2, 2006, April 1, 2015)
Disciplinary Policy
There is an exemplary standard of conduct expected of each employee of the
5
County. It is generally interpreted to mean that an employee will conduct
himself/herself in a manner compatible with public service. It is also the
responsibility of the employee to perform his/her duties to the best of his/her
ability and to the standards set forth in the job description. County employees
also have the duty and responsibility to be aware of and abide by existing
policies, procedures, rules and regulations. No employee shall be disciplined
for political or religious reasons or for any other unlawful cause. Where
practical, the County's disciplinary procedure shall be progressive in nature.
Supervisor Responsibility
The immediate supervisor must approach corrective measures in an objective
manner. If the employee’s performance of an assigned task is the issue, the
supervisor should generally look to see that proper instructions, appropriate
orientation, and training have been given and that the employee is aware of
job expectations. Not only single incidents, but also patterns of poor
performance should be of concern as these are indicative of overall
performance. If misconduct is the issue, the supervisor should take steps to
insure the employee has been made aware of the County’s policies and
regulations regarding the infraction. Disciplinary actions should also include
a plan for correction that is clearly communicated with the employee.
Section 7.1
Purpose
The purpose of this disciplinary policy is to provide supervisors with a fair
and objective guide for determining the seriousness of an employee's
unsatisfactory work performance or misconduct and selecting the appropriate
disciplinary action to correct the unacceptable behavior.
Section 7.2
(Revised April 1, 2015)
Definitions
6
Verbal Oral Reprimand - A verbal oral reprimand shall be defined as a
discussion between the supervisor and the employee where the employee is
advised and cautioned about his/her unsatisfactory work performance or
misconduct. In order to officially be recorded as an oral reprimand, the oral
reprimand shall be documented on the County’s Employee Corrective Action
Form and placed in the employee's personnel file. Oral reprimands are not
grievable. No oral reprimand shall be given without prior approval by the
department of Human Resources.
Written Reprimand - A written reprimand shall be defined as a written
documentation to the employee from the supervisor wherein the employee is
advised and cautioned about his/her work performance or misconduct. The
written reprimand shall be documented on the County’s Employee Corrective
Action Form and placed in the employee’s personnel file. No written
reprimand shall be given without prior approval by the department of Human
Resources.
Suspension - A suspension shall be defined as the temporary temporarily
prohibiting an employee of the employee from performing his/her duties as a
result of the employee’s unsatisfactory work performance or misconduct. An
employee may be suspended without pay for a period not to exceed 15
workdays with the approval of the department of Human Resources. The
suspension period shall be without pay. With the approval of the County
Administrator, an employee may be suspended for a longer period. The
suspension shall be documented on the County’s Employee Corrective
Action Form and placed in the employee’s personnel file. No suspension
shall be given without prior approval by the department of Human Resources.
Disciplinary Demotion - A disciplinary demotion shall be defined as a
reduction of the pay grade of an employee and a change in job duties and
responsibilities. The reassignment of an employee to a lower pay grade. An
employee who receives a disciplinary demotion shall receive a decrease in
salary with the approval of the department of Human Resources. The
disciplinary demotion shall be documented on the County’s Employee
Corrective Action Form and placed in the employee’s personnel file. No
demotion shall be valid without prior approval by the department of Human
7
Resources.
Dismissal - A dismissal shall be defined as an involuntary separation from
employment initiated by the County employing authority as a result of the
employee's unsatisfactory work performance or misconduct. The dismissal
shall be documented on the County’s Employee Corrective Action Form or in
some other approved written manner and placed in the employee’s personnel
file. No dismissal shall be valid without the prior approval by the department
of Human Resources.
Section 7.3
Applicability
All employees within departments which are a part of the classified service
shall be covered under this policy. All levels of supervision shall be
responsible for the uniform orientation of employees regarding this policy
and its fair and equal enforcement.
Section 7.4
(Revised April 1, 2015)
Policy
The County supports the use of progressive discipline to address conduct
issues such as poor work performance or misconduct and to encourage
employees to become more productive workers and meet County standards
and expectations.
The County reserves the right to administer appropriate disciplinary action
for all forms of disruptive and/or inappropriate behavior. Each situation will
be dealt with on an individual basis. The County has established general
guidelines to govern the conduct of its employees. No list of rules can
include all instances of conduct that can result in discipline and the examples
below do not replace sound judgment or common sense behavior. Examples
of employee conduct that would lead to discipline and the usual course of
8
disciplinary action have been separated into three groups, according to the
severity and impact of the infraction. Violations may warrant differing levels
of discipline depending on the level of seriousness. The severity of the
discipline chosen by the supervisor must be proportionate to the seriousness
of the offense. The County always reserves the right to determine the
appropriate level of disciplinary action, including but not limited to
disciplinary demotion, oral and written warnings reprimands, suspension, and
discharge dismissal. For inadequate or unsatisfactory job performance, the
supervisor may, with approval of the County Administrator, place an
employee on probationary status. In the event the employee has not achieved
satisfactory performance by the end of the probationary period, he/she may
be discharged in accordance with the provisions of Section 4.9. Below are
some examples of offenses that may lead to disciplinary action. The list is not
meant to be all-inclusive or in any way limit the County’s ability to take
disciplinary action for offenses not included on this list.
First Group Offenses (Examples Only)
• Unsatisfactory attendance or tardiness;
• Abuse of County time, such as:
o Unauthorized time away from work area; or
o Failure to notify supervisor promptly of completion of assigned
work
o Abusing lunch meal periods
• Obscene or abusive language;
• Contributing to unsanitary or unsafe conditions
• Violating the chain of command as described in Article VIII
concerning issues arising in the workplace
Second Group Offenses (Examples Only)
• Failure to follow supervisor's instructions, perform assigned work
9
duties timely, correctly, competently, or at an adequate level of
production or otherwise comply with applicable established written
policy;
• Insubordination;
• Incompetency or inefficiency;
• Leaving the work area without proper notice to supervisor;
• Unauthorized use or misuse of County property or records;
• A moving traffic violation while using County vehicles;
• Violating safety rules where there is not a threat to life;
Third Group Offenses (Examples Only)
• Absence or leave in excess of three (3) work days without a satisfactory
explanation;
• Use of alcohol or unlawful use or possession of controlled substances
while on the job, or reporting to work when under the influence of
alcohol or controlled substances;
• Falsifying any records such as, but not limited to: vouchers, reports,
insurance claims, time records, leave records, or other official records;
• Willfully or negligently damaging or defacing County records or
County or employee property;
• Theft or unauthorized removal of County records or County or
employee property;
• Acts of physical violence or fighting;
• Engaging in sexual activities while on the job or on County property;
10
• Violating safety rules where there is a threat to life;
• Sleeping during working hours;
• Willful dereliction of duty
• Participating in any kind of work slowdown, sit down, or similar
concerted interference with County operations;
• Unauthorized possession or use of firearms, dangerous weapons or
explosives;
• Threatening or coercing employees or supervisory personnel;
• Criminal convictions for acts of conduct occurring on or off the job
which are related to job performance or are of such a nature that to
continue the employee in the assigned position could constitute
negligence in regard to the department's duties to the public or to other
County employees;
• Violations of the County’s Non-Discrimination and Anti-Harassment
Policy;
• Demonstrating insubordination, including but not limited to:
o Refusal to do an assigned job
o Refusal to work overtime when required
o Refusal to accept holiday work when assigned
o Intentional delay in carrying out an assignment
Supervisors may account for mitigating circumstances in determining
discipline, but they must document any such mitigating circumstances in
writing.
All disciplinary actions, with the exception of verbal oral reprimand, are
appealable through the grievance procedure.
11
Procedural steps for imposing discipline are set forth on the following pages.
The failure of a supervisor to follow these procedural steps will not, of itself,
render the discipline invalid or improper. However, the supervisor's failure
to follow the procedure may be separately grieved by an employee and may
be included in an evaluation of the supervisor's job performance.
Section 7.5
(Revised April 1, 2015)
Reprimands
Reprimands are given for offenses which are less severe in nature but which
require correction in the interest of maintaining a productive and well-
managed work force. The form of the reprimand may be either verbal oral or
written.
a. A supervisor should first discuss the offense with the employee and
advise him/her of the need for correction. If the situation is not
corrected, the employee should be given an Employee Corrective
Action Notice designating the reprimand as either an Oral or Written
Reprimand and emphasizing the need for correcting his/her behavior.
written notice to emphasize the need for correcting his/her behavior.
b. No reprimand shall be relied upon as a basis for further disciplinary
action unless it is documented in writing and a copy forwarded to the
Human Resources Department for inclusion in the employee's official
personnel file.
c. Once a reprimand is reduced to writing, as provided above, a copy shall
be hand delivered and signed “received” by the employee or mailed to
the employee by certified mail (return receipt requested) if hand-
delivery is not practical.
d. Written r Reprimands shall be cumulative in nature and shall remain on
file. After three (3) reprimands, the supervisor should suspend the
12
employee. Such suspension shall not exceed three (3) workdays. A
fourth written reprimand will normally result in termination.
Prior to suspending or dismissing an employee, the department director or
supervisor must:
a. Meet with the employee to discuss the problem;
b. Give the employee a reasonable amount of time to respond;
c. Review the employee's responses and any available information
regarding the problem; and
d. Prepare a written statement of the problem, the employee's response, a
summary of findings, action being taken, a warning to what further
disciplinary action could result if the situation is not corrected and a
statement of the employee's right to appeal (if any) in accordance with
the County's grievance policy.
Section 7.6
(Revised April 1, 2015)
Suspensions
Suspensions are given for acts of conduct of a more serious nature, including
unsatisfactory work performance or misconduct, which continues after
discipline has been imposed. Corrective action for these offenses include a
meeting between the employee and the supervisor, if possible, prior to the
suspension being imposed, a written notice including the items listed below
and suspension without pay. Employees may not be suspended in excess of
five fifteen (5 15) work days for an offense of this nature.
Prior to suspending or dismissing an employee, the department director or
supervisor must:
a. Meet with the employee to discuss the problem and provide the
13
employee an opportunity to respond in written form by the close of the
next business day;
b. Review the employee's responses and any available information
regarding the problem; and
c. Prepare a written statement of the problem, the employee's
response, a summary of findings, action being taken, a warning to what
further disciplinary action could result if the situation is not corrected
and a statement of the employee's right to appeal (if any) in accordance
with the County's grievance policy.
A written notice of suspension shall be hand delivered and signed received or
mailed certified mail (return receipt requested) to the employee. The items
listed below shall be included in the written notice:
a. A statement of the reason(s) for the suspension;
b. A warning of what further disciplinary action could result, if the
situation is not corrected;
c. A statement of the employee's response to the reasons for the
suspension as indicated in the meeting between the supervisor and the
employee; and if a meeting was not possible prior to the suspension
being imposed, the reason that a meeting could not take place should be
stated in the letter.
d. A statement of the employee’s right to appeal (if any) in accordance
with the County's grievance procedure.
A copy of such written notice shall be forwarded to the Human Resources
Department for inclusion in the employee's official personnel file. An
additional offense requiring a suspension will normally result in termination.
A single suspension coupled with three reprimands in the employee's file will
also normally result in termination.
14
Section 7.7
(Revised April 1, 2015)
Disciplinary Demotion
Disciplinary demotions can occur as an intermediate discipline or as an
alternative to termination in second or third group offenses, or in cases of
continued commission of first group offenses after discipline has been
imposed.
a. An effort should be made by the supervisor to meet with the employee prior
to imposing the demotion. The employee should be given the opportunity to
respond to the reasons for the proposed action.
b. A written notice of the demotion shall be hand delivered or mailed to the
employee by certified mail (return receipt requested). The items listed below
shall be included in the written notice.
1. A statement of reasons for the demotion;
2. In cases where the demotion is not voluntary, a warning of what
further disciplinary action could result, if the situation is not
corrected;
3. A statement of the employee's response to the reasons for the
demotion as indicated in the meeting between the supervisor and
the employee; and if a meeting was not possible prior to the
demotion, the reason that a meeting could not take place should
be stated.
4. A statement of employee's right to appeal (if any) in accordance
with the County's grievance policy, unless the demotion is
voluntary.
c. A copy of such written notice shall be forwarded to the Human
Resources Department for
15
inclusion in the employee's official personnel file.
d. A demotion shall not be used as a disciplinary action if the employee
involved cannot qualify for the lower-ranked position or if the
demotion would require the displacement of another employee.
Section 7.8
Dismissal
An employee is dismissed for acts and behavior of such a serious nature that
a first occurrence should normally warrant termination and for unsatisfactory
performance or misconduct of a less serious nature which continues after
discipline has been imposed for prior poor work performance or misconduct.
An effort should be made by the supervisor to meet with the employee prior
to the dismissal. The employee should be given the opportunity to respond to
the reason(s) for the proposed action. A written notice shall be hand
delivered or mailed certified mail (return receipt requested) to the employee
if hand-delivery is not practical. The items below shall be included in the
written notice.
1. A statement of the reason(s) for dismissal;
2. A statement of the employee's response to the reasons for the
dismissal as indicated in the meeting between the supervisor and
the employee; and if a meeting was not possible prior to the
dismissal, the reason that a meeting could not take place should
be stated in the letter;
3. A statement of the employee's right to appeal (if any), in
accordance with the County's grievance policy.
A copy of such written notice shall be forwarded to the County
Administrator's office Human Resources Department for inclusion in the
employee's official personnel file.
16
Section 7.9
(Revised April 1, 2015)
Additional Non-Disciplinary Suspension Provisions
In addition to the suspensions provided for in the preceding pages,
suspensions with or without pay may occur for the following reasons, subject
to the limitations noted.
a. Suspension in Lieu of Dismissal
Up to a ten (10) work day suspension may be imposed where
mitigating factors support a decision to retain an employee in spite of
actions by the employee who would normally warrant dismissal.
Provided, however, that an explanation is given for such action in the
notice that is provided to the employee.
b. Immediate Suspension
Nothing in this policy shall prevent the immediate suspension with pay
of an employee whose continued presence on the job is deemed to be a
substantial and immediate threat to the welfare of the employee's
department or to the welfare of the public, or where such continued
presence could constitute negligence in regard to the department's
duties to the public or to other County employees. Such suspension
may be imposed in any of the these following situations with the prior
approval of the affected department director or his/her designee,
Director of Human Resources or his/her designee and the County
Administrator or his/her designee. Where such suspension must be
imposed at a time other than normal working hours, the County
Administrator shall be notified and consulted at the beginning of the
next work day.
c. Suspension Pending Court Action or Official Investigation
An immediate suspension with pay shall be warranted where there is a
17
criminal prosecution or official investigation involving alleged criminal
violations that occur on or off the job and are related to job
performance or are of such a nature that to continue the employee in the
assigned position could constitute negligence in regard to the
department's duties to the public and to other County employees.
Upon completion of such court action or official investigation, the
employee may be disciplined or removed or may be reinstated. The
County Administrator shall not be bound by the outcome of court
action or official investigation but may refer to such outcome and the
findings in making a final decision. (Official investigation shall be
interpreted to include only those investigations conducted by Federal,
State or local government law enforcement agencies.)
d. Suspension Pending Department Disciplinary Investigation
An immediate suspension with pay may be imposed pending
completion of a disciplinary investigation into misconduct or violation
of established work rules; provided, however, that before such a
suspension is imposed the department director must find that the
employee's continued presence on the job would present a substantial
and immediate threat to the welfare of the department or the public, or
that it could constitute negligence on the part of the County in regard to
the department's duties to the public or to other County employees.
Such suspension shall not exceed ten (10) work days in length. Such
suspension may be imposed in any of these situations with the prior
approval of the affected department director or his/her designee,
Director of Human Resources or his/her designee and the County
Administrator or his/her designee. Where such suspension must be
imposed at a time other than normal working hours, the County
Administrator shall be notified and consulted at the beginning of the
next work day.
If the employee is cleared of any such alleged violations, the employee
shall be reinstated. Where no finding of violation or decision or
disciplinary action occurs within ten (10) work days, the employee
18
shall be permitted to return to work pending a final decision.
Section 7.10
Mitigating Circumstances
Mitigating circumstances include those conditions related to a given offense
that would serve to support a reduction or corrective action in the interest of
fairness and objectivity. Mitigating circumstances may also include
consideration of an employee's length of service with a history of satisfactory
work performance.
Section 7.11
Not All Inclusive
The offenses listed in this policy are not intended to be all-inclusive.
Accordingly, conduct which, in the judgment of the department director,
although not listed, seriously undermines the effectiveness of the agency's
activities or the employee's performance, should be treated consistent with
provisions of this policy. A record of such offenses must be filed with the
Director of Human Resources and County Administrator.
Section 7.12
Right to Grieve Disciplinary Action
All regular full-time and regular part-time employees in the classified service,
who have completed their probationary period, may grieve disciplinary
actions in accordance with the grievance procedure in Article VIII.
ARTICLE VIII
Grievance Procedure
(Revised June 14, 2007, April 1, 2015)
Section 8.0
(Revised April 1, 2015)
19
Policy
Isle of Wight County desires to resolve employee grievances fairly and
promptly. Employees are encouraged to freely discuss their concerns with
immediate supervisors and upper management levels when disagreements or
dissatisfactions arise. The County shall strive for equitable treatment of all
employees and by doing so attempt to alleviate the occurrence of grievances.
Most issues may be resolved through discussion, but alternatives are
necessary when discussion is not effective.
Section 8.1
(Revised April 1, 2015)
Purpose
The purpose of a the County’s grievance procedure is to establish an
objective and fair method of resolving an employee's complaint or dispute
concerning his/her employment with the County by allowing employees to
bring their concerns to upper levels of management. All problems,
complaints or disputes, even of a minor nature, should be resolved with the
least amount of delay. It is the County’s intent that this policy comply fully
with state law. In cases of conflict, the laws of the Commonwealth of
Virginia shall govern. Questions concerning the grievance procedure should
be directed to the Human Resources Department.
Section 8.2
(Revised April 1, 2015)
Applicability
Unless otherwise provided by law, all non-probationary local government
permanent regular full-time and part-time employees are eligible to file
grievances with the following exceptions:
a. Appointees of elected groups or officials;
20
b. Officials and employees who by statute, ordinance or other law serve at
the will or pleasure of the Board of Supervisors;
c. Deputies and executive assistants of the County Administrator;
d. Agency, or department heads, or chief executive officers, or Assistant
County Attorneys of County operations;
e. Employees whose terms of employment are limited by law;
f. Temporary, limited term and seasonal employees;
g. Law enforcement officers as defined in Chapter 10.0 (Section 2.1-
116.1 et seq.) of Title 2.1 of the Code of Virginia whose grievance is
subject to the provisions of Chapter 10.0 and who have elected to
proceed pursuant to the provisions in the resolution of their
grievance, or any other employee electing to proceed pursuant to
any other existing procedure in the resolution of his/her grievance;
h. Firefighter and Emergency Medical Technicians who elect to proceed
under the Firefighter and Emergency Medical Technicians
Procedural Guarantee Act, section 9.1-500 et seq. (sometimes
known as the firefighter's bill of rights);
i. Members of boards and commissions;
j. Volunteers;
k. Constitutional Officers;
l. Consultants and legal counsel rendering professional services;
m. Probationary employees;
n. Individuals whose employment with the county has been terminated as
a result of resignation, reduction in force, or retirement.
21
Notwithstanding the exceptions set forth above, the County, at its sole
discretion, may voluntarily include employees in any of the excepted
categories within the coverage of their grievance procedures.
Section 8.3
(Revised April 1, 2015)
A. Definition of Grievance
A grievance shall be defined as a complaint or dispute by an employee
relating to his/her employment, but not necessarily limited to the following
grievable issues:
a. Disciplinary actions, including dismissals (whether resulting from
formal discipline or unsatisfactory job performance or an involuntary
resignation), demotions and suspensions;
b. The application or interpretation of personnel policies, procedures,
rules, regulations, and ordinances;
c. Acts of retaliation as the result of utilization of the grievance procedure
or of participation in the grievance of another County employee;
d. Complaints of discrimination on the basis of race, color, creed, political
affiliation, age, disability, national origin or sex;
e. Acts of retaliation because the employee has complied with any law of
the United States, State of Virginia or County of Isle of Wight, has
reported any violation of such law to a governmental authority, or has
sought any change in law before the Congress of the United States, the
General Assembly or the Board of Supervisors.
(1) The disciplinary actions of written reprimand, disciplinary
demotions, dismissals, and suspensions;
22
(2) Concerns regarding the application, meaning, or interpretation of
personnel policies, procedures, rules, and regulations;
(3) Discrimination in any employment practice based on the
employee's race, color, creed, sex, age, religion, national origin,
disability or political affiliation;
(4) Acts of retaliation as the result of the use of or participation in
the grievance procedure or because the employee has
complied with any law of the United States or of the
Commonwealth of Virginia, has reported a violation of such law to a
governmental authority, has sought any change in law before the
Congress of the United States or the General Assembly, or has
reported an incidence of fraud, abuse, or gross mismanagement.
B. Management Responsibilities
Management reserves the exclusive right to manage the affairs and operations
of County government. Accordingly the following complaints are not
grievable under this procedure:
a. Establishment and revision of wages or salaries, positions,
classifications job titles or general benefits;
b. Work activity accepted by the employee as a condition of
employment or work activity which may reasonably be expected
to be a part of job content;
c. Contents of ordinances, statutes or established personnel policies,
procedures, rules and regulations;
d. Failure to promote except where the employee can show that
established promotional policies or procedures were not followed
or applied fairly;
23
e. The methods, means and personnel by which work activities are
to be carried on;
f. Except where such actions affect an employee who has been
reinstated within the previous six months as the result of the final
determination of a grievance, termination, layoff, demotion, or
suspension from duties because of lack of work, reduction in
work force or job abolition; Termination, demotion or
suspension from duties because of lack of work, reduction in
workforce, or job abolition, except where such action affects an
employee who has been reinstated within the previous six (6)
months as a result of the final determination of a grievance. Such
action shall be upheld upon a showing that: (i) there was a valid
business reason for the action and (ii) the employee was notified
of such reason in writing prior to the effective date of the action;
g. The hiring, promotion, transfer, assignment and retention of
employees within the County;
h. The relief of employees from duties of the County in
emergencies.
i. Counseling memoranda and manners of providing supervisory
directions;
j. Performance evaluations;
k. Oral reprimands.
In any grievance brought under the exception to provision (f) of this
subsection, the action shall be upheld upon a showing by the County that:
1. There was a valid business reason for the action; and
2. The employee was notified of the reason in writing prior to the
effective date of the action.
24
Section 8.4
(Revised June 14, 2007, April 1, 2015)
Grievance Procedure
Most employee concerns or complaints can be resolved informally through
communications between the employee and his/her supervisor. Accordingly,
employees are encouraged to take their complaints to their immediate
supervisor and then to upper management levels to seek a solution.
Employees are also encouraged to pursue grievable issues through the
grievance procedure.
Step 1. The employee shall identify the grievance verbally to his/her
immediate supervisor in an informal meeting within twenty (20)
calendar days after the event of action which is the basis for the
grievance. The supervisor shall give a verbal response to the
employee within seven (7) calendar days following the meeting.
If a resolution is not reached at this point, the employee shall
submit in writing to
the supervisor the nature of the grievance and the specific relief
requested within seven (7) calendar days following the date of
receipt of the verbal response. The supervisor, in turn, shall give
the employee a written response within seven (7) calendar days
following receipt of the grievance.
Step 2. If the grievance is not resolved at the first step, the employee
shall state in writing his/her desire to have the grievance
advanced to the next step within seven (7) calendar days after
receipt of the grievance following the supervisor's written
response. A meeting to review the grievance shall be held
between the employee and the department director within seven
(7) calendar days after receipt of the grievance. If the department
director is the immediate supervisor, the meeting will be between
the employee and the appropriate Assistant County
25
Administrator. The limit between the second step submission and
the second step meeting may be extended by mutual agreement.
At the second step meeting, the employee may have a witness(es)
of his/her choice present. At the second step meeting the
supervisor may likewise have witness(es) present if he/she so
desires. The department director or Assistant County
Administrator shall make a separate inquiry into the complaint
and a written reply to the grievant shall be provided to the
employee within seven (7) calendar days after the second step
meeting.
Step 3. If a satisfactory resolution is not reached at the second step, the
employee may file a written request for a hearing with the County
Administrator within fourteen (14) calendar days after receipt of
the department director's reply. A copy of the request for a
hearing shall be sent to the employee's department director.
Upon receipt of the written request for a hearing and verification
that Steps 1 and 2 have been taken, the County Administrator
shall schedule the requested hearing within seven (7) calendar
days. The time between the third step submission and the third
step hearing may be extended by mutual agreement. The County
Administrator may decline to hear the grievance and forward the
request to a panel hearing in accordance with Section 8.5. If the
County Administrator chooses to hear the grievance, the
employee and the County Administrator may have a
representative(s) of their choice present at the hearing. The
County Administrator shall provide the employee with a written
reply within seven (7) calendar days after the conclusion of the
hearing. A copy of the reply shall be sent to the department
director.
At Steps 1 and 2 only the grievant, appropriate managerial person
(supervisor at Step 1, department director or Assistant County
Administrator at Step 2) and appropriate witness(es) may be present.
In addition, the County Attorney or his/her designee shall be present for
26
Steps 1 and 2, but only for observation purposes. At Step 3, the grievant
may have a representative present and, if the grievant is represented by
legal counsel at Step 3, then the County may also be represented by legal
counsel at Step 3.
(a) The procedure for a grievance includes the following steps:
(1) Step 1. An employee who has a complaint shall discuss the
problem directly with the employee's immediate supervisor
within twenty (20) calendar days of the date the employee
should have reasonably gained knowledge of the event
giving rise to the complaint. The employee is not required to
present the complaint in writing at this step. A verbal reply
by the supervisor shall be made within five (5) business
days following the meeting. Failure on the part of the
employee to initiate the action required within the time
stated herein shall terminate the employee's right to initiate a
grievance on that issue.
(2) Step 2. If the complaint is not resolved after the first step,
the employee may submit in writing the complaint to the
employee's immediate supervisor within five (5) business
days of the supervisor's verbal reply in step 1. The
complaint shall be made using the "Grievance/Remedy
Form" available from the department of human resources.
The immediate supervisor shall reply in writing on the
"Grievance/Remedy Form" to the complaint within five (5)
business days of the receipt of the written complaint and
provide a copy to the department director and the
department of human resources. If the County
Administrator or the County Administrator’s designee is
the immediate supervisor, steps 2, 3 and 4 are consolidated
into one step. Failure on the part of the employee to
initiate the action required within the time stated
herein shall terminate the employee's right to continue a
grievance on that issue.
27
(3) Step 3. If the complaint is not resolved in step 2, the
employee may appeal the decision of the supervisor to the
department director by forwarding the "Grievance/Remedy
Form" to the department director within five (5) business
days of receipt of the immediate supervisor's written
response in step 2. The department director shall reply in
writing on the "Grievance/Remedy Form" to the complaint
within five (5) business days of the receipt of the written
complaint and provide a copy to the department of
human resources. Failure on the part of the employee to
initiate the action required within the time stated herein
shall terminate the employee's right to continue a grievance
on that issue.
(4) Step 4. If the complaint is not resolved at step 3, the
employee may appeal the decision of the department
director by forwarding the "Grievance/Remedy Form" to
the County Administrator or County Administrator's
designee within five (5) business days of the department
director's response. Within five (5) business days of its
receipt, the County Administrator or County
Administrator’s designee shall meet with the grievant and
the department director together, to discuss the grievance.
The County Administrator or County Administrator's
designee shall reply to the grievant on the
“Grievance/Remedy Form” within five (5) business days of
the discussion and provide a copy to the department of
human resources. Failure on the part of the employee to
initiate the action required within the time stated herein
shall terminate the employee's right to continue a grievance
on that issue.
(b) With the exception of step 4, the only persons who may be
present in the management step meetings are the employee, the employee's
immediate supervisor or department director depending on the level at which
28
the grievance is being heard, and appropriate witnesses for each side.
Witnesses shall be present only while actually making his or her statement.
At step 4, the employee, at his or her option, may have present a
representative of his or her choice. If the employee is represented by legal
counsel, the county likewise has the option of being represented by counsel.
The employee must notify the County Admininistrator and the Human
Resources Department of the name of his or her attorney within five (5)
calendar days of the scheduled meeting. The presence of attorneys shall not
alter the fact that this is an administrative, informal, fact-finding process
involving, in step 4, a meeting and discussion between the County
Administrator or County Administrator's designee and the employee.
Section 8.5
(Revised June 14, 2007, April 1, 2015)
Panel Hearing
If the grievance is not settled in Step 3, the grievant may proceed to a hearing
before an impartial panel.
A written request for a panel hearing must be submitted to the County
Administrator within ten (10) calendar days of the receipt of the third step
reply.
The panel shall be selected within ten (10) calendar days after receipt of the
written request for a panel hearing. The panel shall consist of three members,
one member appointed by the grievant, one member appointed by the County
Administrator, or his designee, and the third member selected by the first
two. The third person shall be the chairperson of the panel. In the event that
agreement cannot be reached as to the final panel member, the chief judge of
the circuit court of the jurisdiction wherein the dispute arose shall select the
third member.
To insure an impartial panel, such panel shall not be composed of any person
having direct involvement with the grievance being heard by the panel, or
with the complaint or dispute-giving rise to the grievance. Management
personnel who are in a direct line of supervision of the grievant, persons
29
residing in the same household as the grievant, and the following relatives of
a participant in the grievance process or a participant's spouse are prohibited
from serving as panel members: spouse, parent, child, descendants of a child,
sibling, niece, nephew, and first cousin. No attorney having direct
involvement with the subject matter of the grievance nor a partner, associate,
employee, or co-employee of such attorney shall serve as a panel member.
Panel members chosen in compliance with these requirements shall be
deemed to be impartial.
The panel has the responsibility to interpret the application of appropriate
County policies and procedures. It does not have the prerogative to
formulate or to change policies or procedures. The panel shall set the time
for the hearing which shall be held as soon as practical, but not more than ten
(10) work days after the panel has been selected and the employee notified.
Panel members, either individually or collectively, should not have contact
with or hear any discussion of the grievance from any person(s) previously
involved in an earlier phase of the grievance until such time as the panel
meets.
Both the respondent and the grievant may have legal counsel, or
representatives of their choice present at the meeting.
The conduct of the panel hearing shall be as follows:
• The panel shall determine the propriety of attendance at the hearing of
persons not having direct interest in the hearing, and, at the request of
either party, the hearing shall be private;
• The County provides the panel with copies of the grievance record
prior to the hearing, and provides the grievant with a list of documents
furnished to the panel and the grievant and his attorney, at least ten (10)
calendar days prior to the scheduled panel hearing, shall be allowed
access to and copies of all relevant files intended to be used in the
grievance proceeding;
• The panel has the authority to determine the admissibility of evidence
30
without regard to the burden of proof, or the order of presentation of
evidence, so long as a full and equal opportunity is afforded to all
parties for the presentation of their evidence;
• All evidence shall be presented in the presence of the panel and the
parties, except by mutual consent of the parties;
• Documents, exhibits, and lists of witnesses shall be exchanged between
the parties in advance of the hearing;
• The majority decision of the panel, acting within the scope of its
authority, shall be final, subject to existing policies, procedures and
law;
• The panel's decision shall be filed in writing by the panel chairperson
with the County Administrator not later than ten (10) work days after
completion of the hearing.
• Copies of the panel's decision shall be transmitted to the employee, the
employee's supervisor, the employee's department director and the
County Administrator.
Request for Hearing
If the County Administrator's or the County Administrator's designee's
response does not resolve the grievance at step 4, the grievant may request a
hearing before a grievance panel. The request for a hearing shall be submitted
in writing to the Director of Human Resources within five (5) business days
of the response of the County Administrator or the County Administrator's
designee.
Panel Composition
(1) In cases of employee termination or retaliation, the panel shall be made
up of three impartial members. Two panel members shall be chosen from
employees of the County. One of those panel members shall be appointed by
the employee and one shall be appointed by the County Administrator or
County Administrator's designee. The third panel member shall be an
administrative hearing officer who is appointed by the Executive Secretary of
the Supreme Court. The County will pay all costs related to the use of the
31
hearing officer. The administrative hearing officer shall act as panel
chairperson.
(2) In all other cases, the panel shall be made up of three impartial
members chosen from employees of the County, one appointed by the
grievant, one appointed by the County Administrator or County
Administrator's designee, and a third panel member selected by the first two
appointed panelists, who will serve as the panel chairperson. In the event that
an agreement cannot be reached as to the third panel member, the chief judge
of the circuit court of the County shall select the third panel member.
(3) All County employees, as a condition of County employment, shall
serve on grievance panels, whether selected by the grievant, management, or
by the two appointed panelists to serve as the panel chair. All employees of
the Human Resources Department, Office of the County Attorney, and the
County Administrator's office shall be excluded from serving on the panel.
(4) The panel shall not be composed of any persons having direct
involvement with the grievance being heard by the panel, or with the
complaint giving rise to the grievance; nor managers who are in a direct line
of supervision of the grievant; nor employees in the same department as the
grievant; nor persons who are residing or have resided in the same household
as the grievant; nor the following relatives of either participant in the
grievance process: spouse, parent, grandparent, child, grandchild, sibling,
step-sibling, in-law, niece, nephew or first cousin. No attorney having direct
involvement with the subject matter of the grievance, nor a partner, associate,
employee or co-employee of the attorney shall serve as a panel member.
Panel members chosen in compliance with these requirements shall be
deemed to be impartial.
(5) The County Administrator or County Administrator's designee, the
grievant, or the grievant’s department director may challenge the eligibility
of the other party's panel member by requesting a determination from the
Director of Human Resources of whether the selection has met or violated the
eligibility requirements. Such requests must be made in writing no fewer than
five (5) business days prior to the date of the scheduled panel hearing. If one
member is found to be ineligible, the remaining members are unaffected. If at
all possible, an immediate replacement will be impaneled and the hearing
conducted as scheduled.
Rules for Panel Hearings
32
The conduct of panel hearings as a part of the grievance procedure shall be
governed by the following rules:
(1) The panel does not have authority to formulate policies or procedures
or to alter existing policies or procedures;
(2) The panel has the discretion to determine the propriety of attendance at
the hearing of persons not having a direct interest in the hearing, and, at the
request of either party, the hearing shall be private;
(3) The County shall provide the panel with copies of the grievance record
prior to the hearing, and provide the grievant with a list of the documents
furnished to the panel;
(4) The grievant and his or her attorney, at least ten (10) calendar days
prior to the scheduled panel hearing, shall be allowed access to and copies of
all relevant files intended to be used by the County in the grievance
proceeding;
(5) The panel shall have the authority to determine the admissibility of
evidence without regard to the burden of proof, or the order of presentation
of evidence, so long as a full and equal opportunity is afforded to all parties
for the presentation of their evidence;
(6) All evidence shall be presented in the presence of the panel and the
parties, except by mutual consent of the parties;
(7) The documents, exhibits and lists of witnesses shall be exchanged
between the parties in advance of the hearing;
(8) The panel hearing is an administrative process and is not meant to be
conducted like proceedings in court. Panels are not bound by rules of
evidence and shall take into account all reliable and substantial evidence
produced at the hearing. It is within the province of the panel to determine
relevancy and materiality. The panel may require either party to demonstrate
relevancy and materiality of any evidence and the need for any requested
extensions of the hearing panel;
(9) The panel shall deal with the grievance before them. Evidence and
testimony as to how other employees or situations have been handled in the
past are not relevant except in cases of discrimination. Previous applications
of the same policy may be relevant. No personnel file or record may be
examined by the panel or introduced into evidence, except that of the
grievant;
33
(10) The panel has no subpoena power to compel the attendance of
witnesses. The panel may, however, at the request of either party, or in its
own discretion, request the voluntary appearance of witnesses or the
submission of documents.
Authority of the Panel Chair
The chair, acting on behalf of the panel, has the authority to:
(1) Issue requests for witnesses or documents but does not have subpoena
power;
(2) Administer oaths;
(3) Receive documentary evidence and hear testimony, and exclude that
which is irrelevant, immaterial, repetitive or confidential by law;
(4) Decide on procedural requests;
(5) Hold a conference (in person or by telephonic means) to simplify the
issues, decide procedural matters, discuss settlement possibilities, and
establish the date, time, and place of hearing; and
(6) Order the parties to exchange a list of witnesses and documents.
Conduct of the Hearing
(1) The hearing must be held within 30 calendar days of the selection of
the panel in a location convenient to where the employee is or has been
employed. The County must arrange a place for the hearing unless the panel
chair chooses to make the arrangements. It is the responsibility of the panel
chair to notify the parties, either in writing or at a prehearing conference, of
the date, time and place of the hearing.
(2) When a hearing is scheduled, it is the responsibility of the parties to
appear or ask for a postponement. A hearing may proceed in the absence of
one of the parties; a hearing so conducted will be decided on the grievance
record and the evidence presented at the hearing. The parties may be
represented by legal counsel or other representative, or may represent
themselves. A hearing may be continued into evenings or weekends. The
panel may grant a postponement or extend the 30 calendar day period for
good cause.
(3) Opening and closing statements may be made by each party. Each party
may be represented by an individual of choice. All witnesses, except for the
grievant and a representative of the County, shall not be present in the
hearing room except when giving testimony. Exhibits may be offered into
evidence and be made part of the record. The hearing must be recorded
34
verbatim. The panel chair is responsible for the recording and is to preserve
the recorded tapes as a part of the grievance record. Either party may receive
a copy of the recording at cost. A court reporter is not required. If either party
requests a court reporter, that party is responsible for the costs. If a transcript
is made, the other party may request a copy at cost. The panel chair has the
authority to determine the propriety of the attendance of all persons not
having a direct involvement in the hearing including witnesses and
spectators. The hearing shall be closed to the public.
Decision
(1) The panel's decision must be in writing and contain the findings of fact
and the basis for those findings. The panel shall deliver its decision to the
Director of Human Resources, the individual who represented the County
during the panel hearing and the employee within ten (10) business days of
the conclusion of the hearing unless the panel by majority vote extends the
time period. If the panel extends the time period for its response, the panel
chair shall notify the parties in writing. The majority decision of the panel,
acting within the scope of its authority, shall be final, subject to existing
policies, procedures and law.
(2) The panel shall decide the case on the merits, not on whether there has
been compliance with the procedural requirements of this article. The panel
does not have the authority to formulate policies or procedures nor to alter
existing policies and procedures. The panel shall make its decision within the
following standards of review:
a. In grievances involving disciplinary action for misconduct,
including termination for misconduct, the panel shall uphold the
County if the evidence shows that the charge(s) of misconduct and
disciplinary action(s) were more likely than not appropriate under the
circumstances. If the panel finds that the charge(s) or disciplinary
action(s) were not appropriate under the circumstances, then the panel
has the same authority and limitations as management to determine the
appropriate charge(s) or disciplinary action(s) in accordance with
applicable County policy. The panel may not impose a disciplinary
action in excess of the original disciplinary action imposed by the
County.
b. In grievances involving termination for unsatisfactory work
performance, failure to meet job standards, unacceptable attendance or
35
other nondisciplinary matters, the panel shall uphold the County's
action if it determines that the action was more likely than not
appropriate under the circumstances. If the panel finds that the
charge(s) or disciplinary action(s) were not appropriate under the
circumstances, then the panel has the same authority and limitations as
management to determine the appropriate charge(s) or disciplinary
action(s) in accordance with applicable County policy. The panel is not
empowered to establish or modify job standards, job requirements, or
performance standards nor may the panel determine or change an
employee's evaluation rating. The panel may not impose a disciplinary
action in excess of the original disciplinary action imposed by the
County.
c. In grievances involving complaints regarding application of
policy, discrimination and other nondisciplinary issues, the panel will
determine if policies and procedures have been appropriately applied. If
the panel finds that the policies and procedures have not been applied
appropriately, then the panel, as appropriate relief, may issue an order
to create an environment free from discrimination or to take corrective
actions necessary to cure the violation and/or minimize its recurrence.
The panel is not empowered to promote, assign or transfer employees,
to establish salaries nor to take any other action which is in the purview
of management rights.
d. The panel does not have the authority to consider matters which
the grievance procedure makes nongrievable.
e. The majority decision of the panel, acting within the scope of its
authority, shall be final, subject to existing policies, procedures and
law.
f. The panel may not award damages or attorney's fees.
(3) Within ten (10) business days of the receipt of the panel's decision, the
Director of Human Resources will review the decision and may on his or her
own action remand a decision which appears to be inconsistent with law and
written policy to the panel for further consideration. All parties will be
notified if a decision is remanded.
(4) The County Administrator shall implement the panel decision to the
extent that it is consistent with the provisions of law and written policy.
36
Either party may petition the circuit court of the County for an order
requiring implementation of the panel decision.
Section 8.6
Determination of Grievability
1. Determining Issues Qualifying for the Management Steps
If the first or second step written management response indicates that a given
issue is not grievable, an employee may appeal to the County Administrator,
or his designee, who is empowered to render a decision on the grievability
and on the access of the procedure of issues in the management steps.
Neither the County Attorney nor the Commonwealth's Attorney shall be
authorized to decide the question of grievability. If the County Administrator
finds that the issue is grievable, the grievance may be pursued through the
three management steps. However if the County Administrator or his
designee, finds that the issue is not grievable, the employee may appeal to the
Circuit Court for a hearing on the issues as to whether or not the grievance
qualifies for a panel hearing. The appeal procedure shall be in accordance
with subsection 2 below.
If the issue qualified by the court, the management step process should be
completed before proceeding to panel (unless the grievance is otherwise
resolved).
2. Determining Issues Qualifying for a Panel Hearing
Decisions regarding whether or not a matter qualifies for a panel hearing
shall be made by the County Administrator at the request of the department
director or grievant and such decisions shall be made within ten (10) calendar
days of such request. Such requests shall be made in writing. Such decisions
of the County Administrator may be appealed to the Circuit Court for a
hearing on the issues as to whether or not the grievance qualifies for a panel
hearing. Proceedings for review of the decision of the County Administrator
shall be instituted by filing a written notice of appeal with the County
37
Administrator within ten (10) calendar days thereafter, the County
Administrator shall transmit to the Clerk of the Circuit Court to which the
appeal is taken a copy of the decision of the County Administrator, a copy of
the notice of appeal, and the exhibits. A list of the evidence furnished to the
Court shall be furnished to the grievant. The failure of the County
Administrator to transmit the record within the time allowed shall not
prejudice the rights of the grievant.
The court on motions of the grievant, may issue a writ of certiorari requiring
the County Administrator to transmit the record on or before a certain date.
Within thirty (30) calendar days of receipt by the Clerk of such records, the
Court sitting without a jury, shall hear the appeal on the record transmitted by
the County Administrator and such additional evidence as may be necessary
to resolve any controversy as to the correctness of the record, the Court, in its
discretion, may receive such other evidence as the ends of justice require.
The Court may affirm the decision of the County Administrator or may
reverse or modify the decision. The decision of the Court shall be rendered
no later than the fifteenth (15th) day from the date of the conclusion of the
hearing. The decision of the Court is final and is not appealable.
Section 8.7
Following the Procedure
After the initial filing of a written grievance, failure of either party to comply
with all substantial procedural requirements of the grievance procedure
without just cause will result in a decision in favor of the other party on any
grievable issue, provided the party not in compliance fails to correct the
noncompliance within five (5) work days of the receipt of written notification
by the other party of the compliance violation. Such written notification by
the grievant shall be made to the County Administrator. Failure of either
party without just cause to comply with all substantial procedural
requirements at the panel hearing shall result in a decision in favor of the
other party.
This procedure is provided as a means for employees to resolve problems and
complaints without the cost often associated with legal counsel. However, if
38
any employee using the procedure would feel more comfortable in having
such support, the employee shall be responsible for related expenses.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
Don Robertson, Director of Information Resources and Legislative Affairs,
reported that the issues of the Transient Occupancy Tax and the adoption
deadline of school budgets from May 1st to May 15th have been approved by
the General Assembly and signed by the Governor with an effective date of
July 1, 2015. He provided a recap of the changes made with regard to ethics
legislation pertaining to disclosure forms and gift acceptance. He advised
that the consolidation of health departments for Western Tidewater with the
City of Chesapeake will not occur in the FY2015-16 budget. He further
advised that State employees will receive a 2% salary increase (including
Constitutional Officers and their employees, Registrars and Social Services
and their full-time employees) and Schools will receive a 1.5% increase
(instructional and support positions or those related to standards of quality
positions only).
A Resolution to Transfer Available FY 14 Fund Balance Roll Over Funds for
One-time Capital Purposes was presented for consideration by Tony Wilson,
Public Works Administrator.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO TRANSFER AVAILABLE FY 14 FUND BALANCE
ROLL OVER FUNDS FOR ONE-TIME CAPITAL PURPOSES
WHEREAS, there are several county buildings and facilities with immediate
capital repair and improvement needs including roof replacements to the
Nike Park Administration Building, Nike Park Seniors Building, and Isle of
39
Wight Museum as well as improvements to address sewer overflows at Nike
Park; and,
WHEREAS, $352,000 in funding is available for transfer from FY 14 fund
balance roll overs to allocate for one-time capital purposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby approves the transfer
of $352,000 in FY 14 fund balance roll over dollars to the Capital Projects
Fund budget as follows:
Nike Park Administration Bldg. Roof Replacement $106,000
Nike Park Seniors Bldg. Roof Replacement 60,000
Isle of Wight Museum Roof Replacement 140,000
Nike Park Sewer Overflow Improvements 46,000
$352,000
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute the transfer of funds and
make such accounting adjustments as necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Alphin called for a public hearing on the following matter:
Sale of Public Property to the Virginia Department of Transportation
County Attorney Popovich advised that the request by the Virginia
Department of Transportation has been properly advertised for public hearing
to convey approximately 31,000 square feet to the Virginia Department of
Transportation for purposes of improvement to the bridge near the Carrsville
Convenience Center.
40
Chairman Alphin called for persons to speak in favor of or in opposition to
the conveyance of property.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Chairman Alphin moved that any and all documents necessary to effectuate
the conveyance of the property to VDOT be executed. The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
//
County Administrator Seward provided a timeline of Board directives
associated with the ISLE2040 Comprehensive Plan.
Richard Rudnicki, Assistant Director of Planning and Zoning, addressed the
recommended next steps associated with the ISLE2040 Comprehensive Plan.
Chairman Alphin moved that staff be directed to return the ISLE2040 Plan to
the Planning Commission with the following list of deficiencies and that staff
further be directed to conduct a public meeting in order to resolve those
deficiencies:
. Supervisor Darden’s request for inclusion of conservation areas;
that staff begin the Windsor plan and, if possible, tweak the
density numbers to accomplish what the Board wants while still
satisfying the number of people needed; additional citizen input;
and, projected economic impacts to the County.
. Supervisor Bailey’s concern with Nike Park Road
41
. Chairman Alphin’s request to address any transportation issues
which may arise.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
County Administrator Seward reviewed the proposed FY2015-16 Operating
and Capital Budget with the Board.
Supervisor Darden moved that staff be authorized to advertise the proposed
FY2015-16 Operating and Capital Budget for public hearing at the Board’s
April 16, 2015 regular meeting. The motion was adopted by a vote of (5-0)
with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
//
Supervisor Darden moved to authorize a public hearing on April 16, 2015 on
the proposed FY2015-16 Operating and Capital Budget. The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Darden further moved that the meeting be continued until April 6,
2015 at 9:00 a.m. for the purposes of conducting a work session on the
proposed FY2015-16 Operating and Capital Budget and to discuss insurance
benefits with the County’s health insurance consultants. The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
//
42
Under Old Business, revisions to the Facility Use Agreement were discussed.
Supervisor Casteen moved to deny the request for changes to the Facilities
Use Agreement. The motion was adopted by a vote of (4-1) with Supervisors
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and
Supervisor Bailey voting against the motion.
Chairman Alphin moved that the opportunity be extended to the two
departments to sign the Facilities Use Agreement for a six-month period of
time, at the end of which time, the Agreement will be considered null and
void and will revert back to what it was before and that the County and these
two agencies will have the capacity to continue that Agreement into
perpetuity if they so choose at that time. The motion was adopted by a vote
of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
//
At 11:30 a.m., the meeting was continued to April 6, 2015 at 9:00 a.m. for
the purpose of conducting a work session on the proposed FY2015-16
Operating and Capital Budget and to discuss insurance benefits with the
County’s health insurance consultants.
__________________________
Rex W. Alphin, Chairman
_____________________________
Carey Mills Storm, Clerk
1
CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD
OF SUPERVISORS HELD THE SIXTH DAY OF APRIL IN THE YEAR
TWO THOUSAND AND FIFTHTEEN AT 9:00 A.M. IN THE ROBERT C.
CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Alphin called the meeting to order at 9:00 a.m. for the
purpose of discussing the County’s FY2015-16 Operating and Capital
Budget and to receive a presentation from the County’s health insurance
consultants.
//
ISSUE: COUNTY’S HEALTH INSURANCE BENEFITS
Mary Beth Johnson, Director of Human Resources, introduced Janet Chrish
with USI Insurance Services, who briefed the Board regarding a proposed
three-year plan for the County designed to address regulations under the
Affordable Care Act coming out January 18, 2018.
//
ISSUE: FY2015-16 OPERATING AND CAPITAL BUDGET
The Board was provided revised funding request amounts by the volunteer
fire and rescue organizations by County Administrator Seward.
2
Regarding shared funding commitments between the Towns and the County
involving nonprofit organizations, the criteria relative to the application
process was reviewed with the Board in response to Supervisor Casteen’s
request to include $2,780 in the budget for the Triad Council. It was noted
that Triad had submit the required application for funding; however, had
done so after the January 15, 2015 deadline established for nonprofit
organizations.
The need to discuss the proposed budget in further detail, particularly the
School’s and the Sheriff’s portion and Supervisor Darden moved that the
Board conduct a work session on May 13, 2015 at 9:00 a.m. to further
discuss their respective budgets. The motion was adopted by a vote of (5-0)
with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
In an attempt to correct inaccurate information contained in a flyer and
distributed by the Carrollton Volunteer Fire Department, Supervisor Bailey
offered to write a letter to the Editor of the Smithfield Times.
//
At 10:20 a.m., Chairman Alphin continued the meeting to April 13, 2015 for
the purpose of meeting with the School Division and the Sheriff regarding
their respective budgets.
__________________________
Rex W. Alphin, Chairman
_______________________________
Carey Mills Storm, Clerk
Boards/Commissions/Committees Name District
Blackwater Regional Library Board Marion Neighbors At-Large Member June 2015
Blackwater Regional Library Board Connie Henderson/Resigned Newport June 2016
Board of Building Appeals Elaine Butler Carrsville July 2015
Board of Building Appeals Michelle Jones Hardy March 2015
Board of Equalization Recommendation to Judge Hardy June 2016
Board of Zoning Appeals Glyn Thomas Willis Windsor May 2015
Paul D. Camp Community College Patricia Sowell June 2014
Commission on Aging Thelma White/RESIGNED Carrsville January 2015
Commission on Aging Debra L. Frank/RESIGNED Smithfield January 2015
Commission on Aging Carey Whitley/RESIGNED Smithfield October 2015
Senior Services of Southeastern Virginia Joseph Spratley, Jr.February 2015
Southeastern Tidewater Opportunity Project Hazel Edwards March 2015
Tidewater Emergency Medical Services Council, Inc.Chris Smith January 2015
Virginia Alcohol Safety Action Program (Southeastern)Kelly Sauber/RESIGNED IOW Representative May 2014
Western Tidewater Disability Services Board Mitchell Hunter/RESIGNED Community Rep.
Western Tidewater Disability Services Board Lewis Rawls, Jr.Business Rep.August 2001
Wetlands Board David Moose Hardy June 2015
Term Expires
Boards/Commissions/Committees
(Appointed by Board Vote)
ISSUE:
Recognition of Entrepreneur of the Year
BACKGROUND:
In conjunction with the Commonwealth’s annual Business
Appreciation Month Celebration, which takes place during the month
of May this year, the Department of Economic Development will
announce the County’s 2015 Entrepreneur of the Year. Staff will
introduce the recipient and will provide a framed certificate for
Chairman Alphin to present.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Present the award.
ATTACHMENTS:
To be provided at the May 21, 2015 meeting.
ISSUE:
Transportation Update – Joe Lomax, VDOT Resident 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:
Staff Report - TMDL Action Plan Presentation
BACKGROUND:
The County is required to provide a Total Maximum Daily Load (TMDL)
Action Plan to demonstrate how it will comply with mandatory pollutant
reduction requirements. This plan is being developed in accordance with
State guidelines and provides a summary of the County’s stormwater
management facility construction and programmatic approach to meet the
State’s pollutant reduction goals.
Mr. Bruce Schwenneker, Associate of Whitman, Requardt & Associates,
LLP, will present the draft TMDL Action Plan.
The State requires an opportunity for public comment that can be
incorporated into the final TMDL Action Plan. Staff will provide a link to
both the TMDL Action Plan Presentation and the Draft TMDL Action Plan
itself for review and public comment on the County’s website. In addition, a
broadcast of the Power Point Presentation will be posted on the PEG channel
to provide another opportunity to reach a larger audience and receive public
comment.
BUDGETARY IMPACT:
None. Future construction projects required based on the results of the
TMDL Action plan present no increase or direct budgetary impact.
Construction and programmatic funding will be covered by revenues
generated by the stormwater management fee. Construction funding will be
offset to the greatest extent possible by using the State’s Stormwater Local
Assistance Fund grant program.
RECOMMENDATION:
Receive the presentation.
ATTACHMENT:
TMDL Action Plan presentation
Isle of Wight County
Chesapeake Bay TMDL Action Plan
May 2015
Background
Chesapeake Bay Agreement 12/15/1987
Chesapeake Bay Preservation Act –1988
County Local Ordinance -November 1990
Chesapeake Bay 2000 Agreement
After 25 Years –EPA Determined More Work
Needed
Chesapeake Bay TMDL –December 2010
Overall Pollution Diet Established
Additional Removal Required
25% N | 24% P | 20% SS
Background
•Watershed Implementation Plans (WIP I –
2010: WIP II completed in March 2012)
•MS4’s Assigned Waste Load Allocation
•Achieved over 15 years: 3-five year
permit cycles
Reductions from 2009 levels Agreed to by Commonwealth
Phased Approach To Reductions:
5% First Permit Cycle (2018)
35% Second Cycle (2023)
60% Third Cycle (2028)
VDEQ Guidance Document
Guidance Memo No. 14-2012 –August 2014, revised March 2015
•“Cook Book Approach” –Very prescriptive on submittal requirements
•Allows Flexibility in Plan Development and Compliance.
1.Determine Extent of MS4 Regulated Lands, Loads and Required
Reductions;
2.Adjustments to Loads
3.Develop Plan to Meet Reductions;
4.Review of MS4 Authority and Implementation Capabilities;
5.Expected Schedule and Costs for meeting the Action Plan; and,
6.PUBLIC INPUT
MS4 Urbanized Area
Expanded from 1145 –3075 acres
based on 2010 Census
MS4 Regulated Area
Regulated Area –
“ A conveyance or
system of conveyances
designed or used for
conveying stormwater.
Owned or operated by
City, Town, County…
with ESC and
stormwater authority”
MS4 Regulated Area
Urbanized Area –3075 Acres
Regulated Area –147 Acres
Land Use Category Acreage
Wetland 5.16
Open Water 0.10
Forested 2.24
Industrial Permitted Lands 0.00
Pervious 97.27
Impervious*42.69
Total Area**147.47
*Includes 16.9 acres VDOT Impervious lands **Includes 28.7 acres of VDOT roadways and right of way
MS4 Regulated Area Summary
Pollutant Source
Total Acres
Served by
MS4
First Permit
Cycle
Required
Reduction in
Loading
First Permit
Cycle Reduction
Required (lbs)
First Permit Cycle
Total Reduction
Required (lbs)
Nitrogen
Regulated
Impervious 42.69 0.04 1.71 3.66Regulated
Pervious 97.28 0.02 1.95
Phosphorus
Regulated
Impervious 42.69 0.01 0.43 0.62Regulated
Pervious 97.28 0.002 0.19
Total
Suspended
Solids
Regulated
Impervious 42.69 6.67 284.7 328Regulated
Pervious 97.28 0.44 42.8
Reductions Required For 1st Permit Cycle
Pollutant
Required Removal (lbs/year)
1st
Permit
Cycle
2018
2nd
Permit
Cycle
2023
3rd
Permit
Cycle
2028
Total
Total Nitrogen (TN)3.66 25.65 43.92 73.2
Total Phosphorus
(TP)0.62 4.34 7.44 12.4
Total Suspended
Solids (TSS)328 2296 3936 6560
Required Pollutant Removal
Carrolton BMP #5
Pollutant Removal (lbs)
N-26.87
P-7.17
SS-3047
Loading Reduction and Credit Adjustments
•Credit for BMPs constructed after 2009 beyond required capacity -NO
•Additional removal required for Grandfathered projects–NO
•Credit for stricter development standards -NO
•Credit for BMPs constructed from 2006 –2009 if County Reports
Historic Data -YES
County Loading Reduction Options Evaluated
•BMP Review –Existing BMP’s and
opportunities for retrofits and
conversions;
•Focus on County owned parcels
inside and outside of Urbanized
Area.
•Other TMDL watersheds;
•Land Use Conversions and Nutrient
Management Planning
•Credit Exchanges
•Future Approved BMPs (Stream
Channel Stabilization)
Structural BMP’s
•Nike Park Bioretention Facility
•Windsor High School -6 Bio-retention Facilities
•Carrolton Volunteer Fire Department –Wetland Expansion
•Poor House Road Facility
Land Use Conversion
•Rescue Squad Parcel
•Landfill Parcel
•Nike Park –Buffer Expansion
•Windsor Parcel
Nutrient Management
•Windsor High School
•County Court House Complex
•Nike Park
Potential Projects
Project P Removal
(lbs)Project Cost Cost/lb P
Carrollton Fire Station BMP #7 0.89 $34,358 $38,600
Windsor High School 10.49 $441,000 $42,000
Nike Park Bio-retention 4.26 $160,600 $37,700
Poor House Road BMP 10.45 $313,351 $30,000
Land Use Conversion 33.79 $844,560 $25,000
Nutrient Management Plans 1.53 N/A N/A
DEQ Local Assistance Program Provides 50% Funding for Projects < $50,000/lb
Proposed DEQ Plan Elements
Projects, Costs and “P” Loading Removal Rates
Pollutant
1st permit
Cycle
Required
Reductions
(Lbs)
Windsor
High
School
Nike
Park
Carrolton
BMP #5
Total
Removal
All
Projects
Total 2028
Removal
Required
N 3.66 76.71 18.09 26.87 122 73.2
P 0.62 10.49 4.26 7.17 22 12.4
SS 328 2606 1684 3049 7339 6560
Proposed Plan to VDEQ
MS4 Regulated Area
Pollutant Area Source Acreage
Total
Reduction
Required
(lbs)
Total all
projects
in DEQ
Plan
Total of
All
Projects
Identified
Phosphorus
MS4
Regulated
Area
Impervious 43 12.4
22 69Pervious97
Total
Urbanized
Area
Impervious 368 124
Pervious 1254
Potential P Reductions Required from Total Urbanized Area
Future Uncertainties
Loading Reductions for Remainder of Urbanized Area
Chesapeake Bay Model and Phase II Permit Reductions
Future Model Runs and Allocations
Growth--Expanded Urbanized Area
VDOT--Individual Phase II Permit
Non Bay TMDL Action Plans
Next Steps
The County is seeking public comments on the
proposed plan until June 19, 2015.
A link to this presentation and the full TMDL
Action plan can be found on the County
Stormwater Page:http://www.co.isle-of-
wight.va.us/engineering/stormwater-
management-program/
Written comments can be submitted to:
stormwater@iwus.net
or via mail at
Isle of Wight County
ATTN: Stormwater Division
PO Box 80
Isle of Wight, VA 23397
ISSUE:
Resolution to Recognize May 2015 as Building Safety Month
BACKGROUND:
The International Code Council, an organization of code
enforcement, fire safety and prevention and design professionals and
manufacturers, has designated May as Building Safety Month to
recognize the work of its members in protecting health and safety in
the buildings where our citizens, live, work and play.
Adoption of a resolution by the Board of Supervisors to similarly
recognize May as Building Safety Month will show the County’s
support of this endeavor and the employees who diligently work in
the background to ensure the safety, health and welfare of our
citizens.
BUDGETARY IMPACT:
There is no budgetary impact associated with this proposed
resolution.
RECOMMENDATION:
Adopt a resolution to recognize the Month of May, 2015 as Building
Safety Month in Isle of Wight County.
ATTACHMENT:
Resolution
RESOLUTION TO RECOGNIZE MAY 2015
AS BUILDING SAFETY MONTH
WHEREAS, Isle of Wight County’s continuing efforts to address
the critical issues of safety, energy efficiency, water conservation, and
resilience in the built environment that affect our citizens, both in
everyday life and in times of natural disaster, give us confidence that
our structures are safe and sound; and,
WHEREAS, our confidence is achieved through the devotion of
vigilant guardians––building safety and fire prevention officials,
architects, engineers, builders, tradespeople, laborers and others in the
construction industry––who work year-round to ensure the safe
construction of buildings; and,
WHEREAS, these guardians—dedicated members of the
Virginia Building and Code Officials Association and the International
Code Council—use a governmental consensus process that brings
together local, state and federal officials with expertise in the built
environment to create and implement the highest-quality codes to
protect our citizens in the buildings where we live, learn, work,
worship, play; and,
WHEREAS, the International Codes, the most widely adopted
building safety, energy and fire prevention codes in the nation, are used
by most U.S. cities, counties and states; these modern building codes
also include safeguards to protect the public from natural disasters such
as hurricanes, snowstorms, tornadoes, wildland fires, floods and
earthquakes; and,
WHEREAS, Building Safety Month is sponsored by the
International Code Council, to remind the public about the critical role
of our communities’ largely unknown guardians of public safety––our
local code officials––who assure us of safe, efficient and livable
buildings; and,
WHEREAS, “Resilient Communities Start with Building Codes”
the theme for Building Safety Month 2015, encourages all Americans
to raise awareness of the importance of building safe and resilient
construction; fire prevention; disaster mitigation, water safety and
conservation; energy efficiency and new technologies in the
construction industry; and,
WHEREAS, Building Safety Month 2015 encourages appropriate
steps everyone can take to ensure that the places where we live, learn,
work, worship and play are safe and sustainable, and recognizes that
countless lives have been saved due to the implementation of safety
codes by local and state agencies; and,
WHEREAS, each year, in observance of Building Safety Month,
Americans are asked to consider projects to improve building safety
and sustainability at home and in the community, and to acknowledge
the essential service provided to all of us by local and state building
departments, fire prevention bureaus and federal agencies in protecting
lives and property.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
that the Board of Supervisors of County of Isle of Wight, Virginia
recognize the month of May 2015 as Building Safety Month and
encourage all citizens to join in the participation of Building Safety
Month activities.
Adopted this 16th day of April, 2015.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
May 21, 2015/jlo/VDOY SSYIP 16-21
ISSUE:
Public Hearing – Virginia Department of Transportation (VDOT) FY
2016-2021 Secondary Six-Year Improvement Program (SSYIP) and
Construction Priority List.
BACKGROUND:
The proposed Secondary System allocation of state funds for roads in
Isle of Wight County for FY16 is $134,265. Annual funding is
currently projected to continue at approximately $150,000 annually in
the subsequent five Plan years.
The following projects were added to the SSYIP in FY 12/13, and are
currently in Construction phase:
• Poplar Drive paving
• Yellow Rock Lane paving
• Country Way paving
• Twin Hill Lane paving
• Holly Point Way paving
The following projects were added to the SSYIP in FY 14/15:
• Morgart’s Beach Road (Route 673), paving 1.1 miles from Blounts
Corner Road to Fort Boykin Trail.
o Fully-funded in FY 15.
• Rattlesnake Trail (Route 646), paving 2.1 miles from Town Drive to
Ramsey Road.
o Projected to be fully-funded in FY 20.
• Broadwater Road (Route 620), reconstruction of 1.8 miles from
Strawberry Plains to the Southampton County line.
o PE projected to be fully-funded in FY 16.
o Construction is not fully-funded within the 6 year timeframe
of the plan.
May 21, 2015/jlo/VDOY SSYIP 16-21
BUDGET IMPACT:
None
RECOMMENDATIONS:
Adopt a resolution to approve the proposed Virginia Department of
Transportation FY 2016-2021 Secondary Six-Year Improvement
Program and Construction Priority List.
ATTACHMENTS:
- Resolution to approve the proposed VDOT FY 2016-2021 SSYIP
and Construction Priority List.
- Proposed Virginia Department of Transportation (VDOT) FY 2016-
2021 Secondary Six-Year Improvement Program (SSYIP) and
Construction Priority List.
May 21, 2015/jlo/VDOY SSYIP FY 16-21 resolution
A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S SECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR
FY 2016 THROUGH FY 2021
WHEREAS, Sections 33.1-23 and 33.1-23.4 of the Code of Virginia (1950, as amended)
provide the opportunity for each county to work with the Virginia Department of Transportation
(VDOT) in developing a Secondary Six-Year Improvement Program (SSYIP); and,
WHEREAS, this Board has held a public hearing on the proposed Plan (FY 2016-FY
2021), in accordance with VDOT policies and procedures, on May 21, 2015 and all citizens of
the County had the opportunity to make comments and recommendations concerning the
proposed Program and Priority List; and,
WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2016-FY 2021) and the Construction Priority List.
NOW, THEREFORE, BE IT RESOLVED that the Secondary Six-Year Improvement
Program and Construction Priority List for FY 2016-2021 are hereby approved, as presented at
the public hearing.
BE IT FURTHER RESOLVED that Isle of Wight County requests that Rattlesnake
Trail (Route 646, UPC 104809) be designated as a Revenue Sharing project with the opportunity
to receive surplus Revenue Sharing funds which may become available from completed
Revenue Sharing projects for the purpose of advancing construction.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to execute all Program documents and make such accounting adjustments
and execute such agreements and contracts as necessary to proceed with the Program as
approved.
Adopted this 21th day of May 2015.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to Form:
_______________________________
Mark C. Popovich, County Attorney
FY2016 FY2021
$49,660 $0
$0 $0
$84,605 $84,605
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$134,265 $84,605
Secondary System
Isle of Wight County
Construction Program
Estimated Allocations
Fund FY2017 FY2018 FY2019 FY2020 Total
CTB Formula - Unpaved State $60,624 $69,298 $74,685 $71,779 $326,046
Secondary Unpaved Roads $0 $0 $0 $0 $0
TeleFee $84,605 $84,605 $84,605 $84,605 $507,630
Residue Parcels $0 $0 $0 $0 $0
STP Converted from IM $0 $0 $0 $0 $0
Federal STP - Bond Match $0 $0 $0 $0 $0
Formula STP $0 $0 $0 $0 $0
MG Formula $0 $0 $0 $0 $0
BR Formula $0 $0 $0 $0 $0
Other State Match $0 $0 $0 $0 $0
State Funds $0 $0 $0 $0 $0
Federal STP $0 $0 $0 $0 $0
Total $145,229 $153,903 $159,290 $156,384 $833,676
Anne Seward
County Administrator Date
Board Approval Date:
Joseph E. Lomax
Residency Administrator Date
Page 1 of 1
Route Previous Additional Traffic Count
PPMS ID Funding Funding Scope of Work
Accomplishment Required FHWA #
Type of Funds SSYP Funding 2016-17 2019-20 Comments
Type of Project Other Funding
Priority #Ad Date Total
$0 ($411,637)
MIN PLAN,FED-
AID,SECONDARY
0.061 MI. E. INT. ROUTE 637
0001.00 1.4
12/13/2011
$64,000 $2,636,057
Minimum Plan South Hampton County line
0003.00 1.8
2/11/2022
$0 $0
BUDGET ITEMS YEARLY PROJECT FOR ISLE OF
WIGHT
9999.01 0.0 4/16/2010
District: Hampton Roads SECONDARY SYSTEM CONSTRUCTION PROGRAM (in dollars)
County: Isle of Wight County
Board Approval Date: 2016-17 through 2020-21
Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to
Project #
2017-18 2018-19 2020-21
complete
Description
TO
FROM 2015-16
1300
14994 0620046249 RW $237,618
Length
$0 $0
Rt.0620 BROADWATER ROAD PE $405,145
$0 $0
$1,773,429 $0 $0 $0
$0 $0
$0
Reconstruction w/o Added Capacity
RAAP CONTRACT RTE 620 - RECONSTRUCTION CON $2,292,920 $1,573,891 $0
STP 0.031 MI. W. INT. ROUTE 681 Total $2,935,683 $3,347,320 ($411,637)$0 $0 $0
$0 $0
Project complete, currently going
through closeout proceediings. Eligible
surplus funds will be transferred to UPC
105469 (Broadwater btw Strawberry Ln
and S. Hampton Cty line).
$0
14004
Rt.0620 Broadwater Road PE $481,500
105469 0620046650 RW $500,000 $171,778 $14,605 $80,890 $80,890 $80,890 $80,890 $64,000
Reconstruction w/o Added Capacity
RAAP CONTRACT Rte 620 Reconstruction -
Broadwater Road
CON $2,228,500 $0 $0 $0 $0 $0
14004
Strawberry Plains (Route 681)Total $3,210,000 $171,778 $3,038,222 $14,605 $80,890 $80,890 $80,890 $80,890
$0 $0
Anticipated to received eligible surplus
funds from UPCs 14994 (Broadwater
Road btw Rte 681 and Rte 637) and
UPC 14991 (W. Blackwater Road btw
Rte 642 - Pear Tree Rd and Rte 643 -
Wood Duck Dr)
Rt.9999 PE $0
31665 9999046BI RW $0 $174,925 $0 $0 $0 $0 $0
Environmental Only
$0 $0 $0
16020
RTE 9999 - BUDGET ITEM CON $204,925 $30,000 $0
$0
$0
$0 $0
S DRAINAGE & SIDEWALK AT
WINDSOR
Total $204,925 $204,925 $0
STATE
FORCES/HIRED
EQUIPMENT
$0 $0 $0 $0
Rt.4002 PE $0
Page 1 of 6
Route Previous Additional Traffic Count
PPMS ID Funding Funding Scope of Work
Accomplishment Required FHWA #
Type of Funds SSYP Funding 2016-17 2019-20 Comments
Type of Project Other Funding
Priority #Ad Date Total
Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to
Project #
2017-18 2018-19 2020-21
complete
Description
TO
FROM 2015-16
Length
Rt.0620 BROADWATER ROAD PE $405,145
$0 $0
9999.02
$0 $0
VARIOUS LOCATIONS IN
COUNTY
9999.03 3/1/2011
$0 $0
VARIOUS LOCATIONS IN
COUNTY
9999.05 3/1/2011
$0 $0
VARIOUS LOCATIONS IN
COUNTY
RW $0 $0 $0
Rt.4002 PE $0
0
-2892 1204002
$0 $0
$45,099 $0 $0 $0
$0 $0
$0
COUNTYWIDE PIPE &
ENTRANCE
CON $45,099 $0 $0
VARIOUS LOCATIONS IN
COUNTY
Total $0 $45,099 $0 $0 $0 $0
$0 $0
INSTALLATION CHARGE FOR PIPES
AT PRIVATE ENTRANCES AND
OTHER MINOR DRAINAGE
IMPROVEMENTS.
$0
____
Rt.4003 PE $0
0
99975 1204003 RW $0 $40,000 $20,000 $0 $0 $0 $0 $0
Reconstruction w/o Added Capacity
COUNTYWIDE RURAL
ADDITIONS
CON $60,000 $0 $0 $0 $0 $0
16004
S VARIOUS LOCATIONS IN
COUNTY
Total $60,000 $40,000 $20,000 $20,000 $0 $0 $0 $0
$0 $0
RURAL ADDITIONS - SECTION 33.1-
72.1. ROLLOVER OF FUNDS CAN BE
FOR FIVE YEARS.
Rt.4005 PE $0
0
99976 1204005 RW $0 $56,575 $0 $0 $0 $0 $0
Preliminary Engineering
$0 $0 $0
16015
COUNTYWIDE ENGINEERING &
SURVEY
CON $56,575 $0 $0
$0
$0
$0 $0
S VARIOUS LOCATIONS IN
COUNTY
Total $56,575 $56,575 $0
RW $0
$0 $0 $0 $0
$0 $0
MINOR SURVEY & PRELIMINARY
ENGINEERING FOR BUDGET ITEMS
AND INCIDENTAL TYPE WORK.
Rt.4006 PE $0
0
100245 1204006
$0 $0
$30,058 $0 $0 $0
$0 $0
$0
Preliminary Engineering
COUNTYWIDE FERTILIZATION &
SEEDING
CON $30,058 $0 $0
S VARIOUS LOCATIONS IN
COUNTY
Total $30,058 $30,058 $0 $0 $0 $0
$0 $0
FERTILIZATION AND SEEDING TO
IMPROVE SLOPE STABILIZATION ON
SECONDARY SYSTEM
$0
16015
Page 2 of 6
Route Previous Additional Traffic Count
PPMS ID Funding Funding Scope of Work
Accomplishment Required FHWA #
Type of Funds SSYP Funding 2016-17 2019-20 Comments
Type of Project Other Funding
Priority #Ad Date Total
Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to
Project #
2017-18 2018-19 2020-21
complete
Description
TO
FROM 2015-16
Length
Rt.0620 BROADWATER ROAD PE $405,1459999.06 3/1/2011
$20,605 $0
VARIOUS LOCATIONS IN
COUNTY
9999.07 3/1/2011
$0 $0
VARIOUS LOCATIONS IN
COUNTY
9999.08 1/30/2011
$0 ($26,686)
NO
PLAN,SECONDARY
ROUTE 682
9999.09 1.2
10/16/2012
FERTILIZATION AND SEEDING TO
IMPROVE SLOPE STABILIZATION ON
SECONDARY SYSTEM
Rt.4007 PE $35,465
0
99765 1204007 RW $0 $47,933 $0 $3,715 $3,715 $3,715 $3,715 $20,605
Safety
COUNTYWIDE TRAFFIC
SERVICES
CON $47,933 $0 $0 $0 $0 $0
16021
S VARIOUS LOCATIONS IN
COUNTY
Total $83,398 $47,933 $35,465 $0 $3,715 $3,715 $3,715 $3,715
$0 $0
TRAFFIC SERVICES INCLUDE
SECONDARY SPEED ZONES, SPEED
STUDIES, OTHER NEW SECONDARY
SIGNS
Rt.4008 PE $0
0
100282 1204008 RW $0 $8,078 $0 $0 $0 $0 $0
Right of Way
$0 $0 $0
16016
COUNTYWIDE RIGHT OF WAY
ENGR.
CON $8,078 $0 $0
$0
$0
$0 $0
S VARIOUS LOCATIONS IN
COUNTY
Total $8,078 $8,078 $0
RW $0
$0 $0 $0 $0
$0 $0
USE WHEN IMPARTICAL TO OPEN A
PROJECT: ATTORNEY FEES and
ACQUISITION COST.
Rt.0683 Halltown Road PE $15,681
1976 0683046205
$0 $0
$4,592 $0 $0 $0
$0 $0
$0
Resurfacing
NON VDOT RTE 683 - RECONSTRUCTION CON $241,589 $279,364 $0
SS/REVSH ROUTE 681 Total $257,270 $283,956 ($26,686)$0 $0 $0
$0 $0
Project complete and currently going
through closeout proceedings. The
project is funded by Revenue Share
Funds and $4,592 of Telefees. Eligible
surplus funds will be transferred to UPC
104809 (Rattlesnake Trail).
$0
16005
Rt.0647 POPE SWAMP TRAIL PE $23,841
8321 0647046P29 RW $0 $15,036 $0 $0 $0 $0 $0 $0
Resurfacing
NON VDOT RTE 647 - RURAL RUSTIC CON $240,930 $350,922 $0 $0 $0 $0$0 $0 Page 3 of 6
Route Previous Additional Traffic Count
PPMS ID Funding Funding Scope of Work
Accomplishment Required FHWA #
Type of Funds SSYP Funding 2016-17 2019-20 Comments
Type of Project Other Funding
Priority #Ad Date Total
Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to
Project #
2017-18 2018-19 2020-21
complete
Description
TO
FROM 2015-16
Length
Rt.0620 BROADWATER ROAD PE $405,145
$0 ($101,187)
NO
PLAN,SECONDARY
ROUTE 644
9999.09 2.2
10/16/2012
$0 $64,233
Single Hearing 0.017 MI. NORTH OF NUBY RUN
9999.09 10/8/2013
$0 $0
No Plan Dead End
9999.10 0.5 9/5/2014
$0 ($28,808)
No Plan Dead End
9999.10 0.3 9/5/2014
NON VDOT RTE 647 - RURAL RUSTIC CON $240,930 $350,922 $0 $0 $0 $0
16005
SS/REVSH ROUTE 645 Total $264,771 $365,958 ($101,187)$0 $0 $0 $0 $0
$0 $0
Project complete and currently going
through closeout proceedings. The
project is funded by Unpaved road
funds in the amount of $15,036 and
Revenue Share Funds. Eligible surplus
funds will be transferred to UPC 104809
(Rattle Snake Road).
Rt.0637 Orbit Road PE $340,789
91168 0637046573 RW $373,718 $128,875 $0 $0 $0 $0 $0
Bridge Replacement w/o Added
Capacity$0 $0 $0
16011
Rte 637 Over Nuby Run VA str.
6045
CON $1,126,783 $1,648,182 $0
$0
$0
$0 $0
BROS 0.016 MI. SOUTH OF NUBY RUN Total $1,841,290 $1,777,057 $64,233
RAAP CONTRACT
RW $0
$0 $0 $0 $0
$0 $0
Accruing funds for CN
Rt.0671 Country Way PE $15,000
103052 0671046629
$0 $0
$161,478 $0 $0 $0
$0 $0
$0
Resurfacing
NON VDOT ROUTE 671- RURAL RUSTIC
SURFACE TREAT NON-
HARDSURFACE ROAD
CON $146,478 $0 $0
S Rte. 704 Total $161,478 $161,478 $0 $0 $0 $0
$0 $0 $0
16005
Rt.0667 Twin Hill Lane PE $15,000
103054 0667046630 RW $0 $138,522 $0 $0 $0 $0 $0 $0
Resurfacing
NON VDOT ROUTE 667- RURAL RUSTIC
SURFACE TREAT NON-
HARDSURFACE ROAD
CON $94,714 $0 $0 $0 $0 $0
16005
S Rte. 665 Total $109,714 $138,522 ($28,808)$0 $0 $0 $0 $0
$0 $0
Rt.0675 Holly Point Way PE $34,000 Page 4 of 6
Route Previous Additional Traffic Count
PPMS ID Funding Funding Scope of Work
Accomplishment Required FHWA #
Type of Funds SSYP Funding 2016-17 2019-20 Comments
Type of Project Other Funding
Priority #Ad Date Total
Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to
Project #
2017-18 2018-19 2020-21
complete
Description
TO
FROM 2015-16
Length
Rt.0620 BROADWATER ROAD PE $405,145
$0 ($116,644)
No Plan Dead End
9999.10 0.7 9/5/2014
$0 ($60,920)
No Plan Rte. 2002 South Shore Drive
9999.10 0.4 9/5/2014
$0 ($12,522)
No Plan Hideaway Lane
9999.10 0.7 9/5/2014
$0 $386,565
Minimum Plan Ramsey Road (Route 622)
9999.11 2.1 3/1/2019
103055 0675046631 RW $0 $340,000 $0 $0 $0 $0 $0
Resurfacing
$0 $0 $0
16005
ROUTE 675- RURAL RUSTIC
SURFACE TREAT NON-
HARDSURFACE ROAD
CON $189,356 $0 $0
$0
$0
$0 $0
S Rte. 10 Total $223,356 $340,000 ($116,644)
NON VDOT
RW $0
$0 $0 $0 $0
$0 $0
Rt.2003 Poplar Drive PE $20,000
103056 2003046632
$0 $0
$211,273 $0 $0 $0
$0 $0
$0
Resurfacing
NON VDOT ROUTE 2003- Rural Addition
Surface Treat Non-Hardsurface RD
CON $130,353 $0 $0
S Rte. 2001 Woodmere Lane Total $150,353 $211,273 ($60,920)$0 $0 $0
$0 $0 $0
16005
Rt.0716 Yellow Rock Lane PE $21,000
103057 0716046633 RW $0 $211,274 $0 $0 $0 $0 $0 $0
Resurfacing
NON VDOT ROUTE 0716- Rural Addition
Surface Treat Non-Hardsurface RD
CON $177,752 $0 $0 $0 $0 $0
16005
S Rte. 665 Smithneck Road Total $198,752 $211,274 ($12,522)$0 $0 $0 $0 $0
$0 $0
Rt.0646 Rattlesnake Trail PE $62,000
104809 0646046649 RW $0 $144,207 $99,660 $69,298 $74,685 $71,779 $0
Resurfacing
$0 $0 $0
16005
Rural Rustic Paving Project CON $844,818 $0 $0
$60,624
$71,779
$0 $0
S Town Drive (Route 637)Total $906,818 $144,207 $762,611
NON VDOT
$99,660 $60,624 $69,298 $74,685
Rt.0673 Morgart Beach Road PE $68,000 Page 5 of 6
Route Previous Additional Traffic Count
PPMS ID Funding Funding Scope of Work
Accomplishment Required FHWA #
Type of Funds SSYP Funding 2016-17 2019-20 Comments
Type of Project Other Funding
Priority #Ad Date Total
Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to
Project #
2017-18 2018-19 2020-21
complete
Description
TO
FROM 2015-16
Length
Rt.0620 BROADWATER ROAD PE $405,145
$0 ($5,000)
No Plan Fort Boykin Trail (Route 705)
9999.12 1.1 12/1/2019
RW $0 $0 $01048060673046653
$0 $0
$5,000 $0 $0 $0
$0 $0
$0
Resurfacing
NON VDOT Rural Rustic Project - Resurface
(Mogart Beach Road)
CON $385,409 $453,409 $0
Blounts Corner Road (Route 674)Total $453,409 $458,409 ($5,000)$0 $0 $0
$0 $0 $0
16005
Page 6 of 6
Isle of Wight County
Secondary Six-Year Improvement Program
Construction Priority List FY 2016-2021
Secondary Paved Roads
Priority Route UPC Road Name From/To Ad Date Cost Estimate
1 620 14994 Broadwater Rd Strawberry Plains to Racetrack Rd $3,365,375
2 637 91168 Orbit Rd Bridge over Great Swamp Branch $975,611
3 620 Broadwater Rd County Line to
Strawberry Plains
08/11/2021 $3,210,000
4 603 14991 W. Blackwater Rd Pear Tree Rd to
Wood Duck Dr
$3,597,545
Unpaved Roads
Priority Route UPC Road Name Length
(miles) Ad Date Cost
Estimate
1 671 103052 Country Way 0.3 07/01/2014 $150,000
2 667 103054 Twin Hill Ln 0.3 07/01/2014 $150,000
3 675 103055 Holly Point Way 0.7 07/01/2014 $340,000
4 2003 103056 Poplar Dr 0.4 07/01/2014 $200,000
5 716 103057 Yellow Rock Ln 0.6 07/01/2014 $210,000
6 673 13964 Morgart Beach Road 1.1 05/01/2016 $453,409
7 646 13878 Rattlesnake Trail 2.1 05/01/2020 $906,818
May 21, 2015/MCP/ Resolution to Initiation Condemnation Action(s)
ISSUE:
Public Hearing - Nike Park Trail Project Condemnation
Authorization
BACKGROUND:
The Nike Park Trail is a project to construct approximately four
(4) miles of multi-use trail, connecting Windsor Castle Park with
Nike Park. The Trail will be 8-10 feet wide and paved with
asphalt to safely accommodate non-motorized, 2-way bike and
pedestrian traffic. The Trail will meet all ADA standards for
accommodating users with physical challenges.
This project was initiated by the community in 2004-2005, with
multiple competitive federal transportation grants received in FY
2007, 2011, and 2013. Construction of the project must move
forward in June 2015 to ensure that federal funds are not de-
allocated.
BUDGETARY IMPACT:
Failure to proceed with development of this project will result in
the de-allocation of $2.4 to $3.8 million in federal grant funds
and will require that the County repay all federal reimbursements
received to date.
RECOMMENDATION:
Adopt a Motion to Approve the Resolution to Authorize the
Initiation of Condemnation Action or Actions Related to the Nike
Park Trail Project.
ATTACHMENT:
Resolution
RESOLUTION AUTHORIZING THE INITIATION OF
CONDEMNATION ACTION OR ACTIONS RELATED TO THE NIKE PARK TRAIL
PROJECT
WHEREAS, Section 15.2-1903(B) of the Code of Virginia (1950, as amended) requires
that prior to the initiation of condemnation proceedings the governing body of a locality must
hold a public hearing and adopt a resolution approving the proposed condemnation; and
WHEREAS, such a resolution must state the use for which the property being condemned
shall be put and the necessity therefor.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of
Supervisors that the County Attorney’s Office is hereby authorized to initiate any and all
condemnation action(s), pursuant to Section 25.1-200 et seq. of the Code of Virginia (1950, as
amended), to acquire the necessary interest(s) in those properties located along the Nike Park
Trail project corridor which are commonly referred to as Tax Map Parcels 21A-01-511, 22-01-
010, 22R-01-000A, 22R-01-000B, 22R-01-000K, 22-01-024C, 22-01-023E, 22-01-023A, 23-
01-016, 22-01-022B, 22-01-022A, 22-01-024, 22-01-023B, 23-01-012, 23-01-012A and 23-01-
011, along with such other parcels as may be deemed necessary to effectuate completion of the
Nike Park Trail project; and
BE IT FURTHER RESOLVED by the Isle of Wight County Board of Supervisors that
such condemnation action is necessary, as a last resort option, should an amicable resolution not
be reached with the effected property owner(s), to allow the County to proceed with the development of this trail project to improve the standard of living for all citizens of Isle of
Wight County and to provide a safe and useable bicycle and/or pedestrian trail that may be used
by the general public.
Adopted this 21st day of May, 2015.
Rex Alphin, Chairman
Isle of Wight County
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich
County Attorney
May 21, 2015/bhw/Subdivision Ordinance Amendment
ISSUE:
Public Hearing – Ordinance to Amend - TND Street Lighting
Guidelines
BACKGROUND:
The current Traditional Neighborhood Design (TND) standard requires
a street light every 100 feet, which has been brought to staff’s attention
as being excessive. The proposed amendment of the Subdivision
Ordinance, Section 5.16(B)(7) Guidelines for Lighting, seeks to modify
the current TND lighting standard consistent with the County’s separate
Street Light Policy governing street light installation in existing
subdivisions. The recommended provision will require a light every
300-400 feet.
BUDGETARY IMPACT:
None
RECOMMENDATION:
The Planning Commission held a public hearing on the proposed
amendment on April 28, 2015 and recommended approval by a vote of
9-0 with one member absent. Staff recommends approval as presented.
ATTACHMENTS:
- Proposed Ordinance to Amend (clean version)
- Memorandum to the Planning Commission
- Proposed Ordinance Amendment (with tracked changes)
- County Street Lighting Policy (in existing subdivisions)
An Ordinance to Amend and Reenact the Isle of Wight
County Code by Amending and Reenacting Appendix A, Subdivision, Section 5.16 Traditional Neighborhood Design
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Appendix A, Subdivision, Section 5.16
Traditional Neighborhood Design of the Isle of Wight County Code be
amended and reenacted as follows:
Section 5.16. - Traditional neighborhood design (TND).
The objective of the traditional neighborhood design type is a compact,
pedestrian-scaled development incorporating a diverse, mixed range of uses
to promote community interaction, convenience, housing options for all
income levels, and civic participation. The following regulations are offered
to guide this type of development in accordance with design principles
compatible with the historic nature of the county, and in harmony with the
applicable county ordinances and the comprehensive plan.
A.
Applicability. ..... These provisions apply to new developments of fifty
(50) acres or more, zoned PD-R, PD-MH, and PD-MX.
In the case of expanding existing subdivisions of ten (10) lots or more, these
guidelines can be applied to any development residentially zoned and
proposing at least five (5) additional lots. The following standards do not
exempt the applicant from compliance with the other sections of this
ordinance which protect the general health, safety, and welfare of residents.
B.
Development standards.
1.
[Location:] ..... All residents should be within approximately one-
fourth (¼) mile radius or a five-minute walk from existing or
proposed commercial, civic, and open space areas.
2.
Open space: ..... At least forty (40) percent of the gross acreage of
the traditional neighborhood development must be open space.
Open space may include undevelopable areas such as steep
slopes and wetlands, and stormwater detention and retention
basins. At least fifty (50) percent of the open space must be
common open space dedicated to the public for recreation.
Additionally, ninety (90) percent of the dwelling units shall be
within a one-fourth (¼) mile radius or a five-minute walk from
common open space.
3.
Stormwater management: ..... The design of the traditional
neighborhood development should minimize off-site stormwater
runoff, promote on-site filtration, and minimize the discharge of
pollutants to ground and surface water. Natural topography and
existing land cover should be maintained/protected to the
maximum extent practical. New development shall meet the
standards of section 5.8, stormwater management.
4.
Lot and block standards:
A.
Street layouts should provide for blocks that are a minimum
of two hundred fifty (250) feet in length and a maximum of
five hundred (500) feet in length; however, longer length
shall be allowed with mid-block pedestrian pass-throughs
every five hundred (500) feet.
B.
Blocks should be wide enough to allow two (2) tiers of lots at
minimum depth as required by the underlying zoning. The
subdivision agent may approve a single tier of lots of
minimum depth where environmental conditions restrict the
lot layout.
C.
A variety of lot sizes should be provided to facilitate housing
diversity and choice and meet the projected requirements of
people with different housing needs.
C.
Circulation standards. ..... The circulation system shall allow for
different modes of transportation. The circulation system shall provide
functional and visual links within the residential areas, mixed use area,
and open space of the community and shall be connected to existing and
proposed external development. The circulation system shall provide
adequate traffic capacity, provide connected pedestrian and bicycle
routes (especially off-street bicycle or multi-use paths or bicycle lanes
on the streets), control through traffic and promote safe and efficient
mobility through the neighborhood. All TND transportation elements
should be presented to the locality and VDOT for discussion and
approval of unique features.
1.
Pedestrian circulation. ..... Convenient pedestrian circulation
systems that minimize pedestrian-motor vehicle conflicts shall be
provided continuously throughout the TND. Where feasible, any
existing pedestrian routes through the site shall be preserved and
enhanced. All streets, except for alleys, shall be bordered by
sidewalks on both sides. The following provisions also apply:
1.
Sidewalks in residential areas. ..... Clear and well-lighted
sidewalks, five (5) feet in width, shall connect all dwelling
entrances to the adjacent public sidewalk.
2.
Sidewalks in mixed use areas. ..... Clear and well-lighted
walkways shall connect building entrances to the adjacent
public sidewalk and to associated parking areas. Such
walkways shall be a minimum of five (5) feet in width.
3.
Disabled accessibility. ..... Sidewalks shall comply with the
applicable requirements of the Americans with Disabilities
Act and VDOT standards.
4.
Crosswalks. ..... Intersections of sidewalks with streets shall
be designed with clearly defined edges. Crosswalks shall be
well lit and clearly marked with contrasting paving materials
at the edges or with striping. In addition, curb extensions
shall be incorporated where pedestrian facilities intersect
higher-volume streets within the development to protect
parking areas and reduce pedestrian crossing times.
2.
Bicycle circulation. ..... Bicycle circulation shall be accommodated
on streets and/or on dedicated bicycle paths. Where feasible, any
existing bicycle routes through the site shall be preserved and
enhanced. Facilities for bicycle travel may include off-street bicycle
multimodal paths and separate, striped, five-foot bicycle lanes on
streets. If a bicycle lane is combined with a lane for parking, the
combined width should be thirteen (13) feet and the bicycle travel
lane shall be located between the vehicular travel lane and parking
lane.
3.
Public transit access. ..... Where public transit service is available or
planned, convenient access to transit stops shall be provided. Where
transit shelters are provided, they shall be placed in highly visible
locations that promote security through surveillance, and shall be
well-lighted.
4.
Motor vehicle circulation. ..... Motor vehicle circulation shall be
designed to minimize conflicts with pedestrians and bicycles. Traffic
calming features such as "queuing streets," curb extensions, traffic
circles, and medians may be used to encourage slow traffic speeds.
Arterial streets should not bisect a TND if pedestrian cross-access is
not feasible.
a.
Street hierarchy. ..... Each street within a TND shall be
classified according to section 5.9.5 of this ordinance.
5.
Street layout. ..... The traditional neighborhood development should
maintain the existing street grid, where present, and restore any
disrupted street grid where feasible. In addition:
i.
Intersections shall be at right angles whenever possible, but
in no case less than seventy (70) degrees. Low volume streets
may form three-way intersections creating an inherent right-
of-way assignment (the through street receives precedence)
which significantly reduces accidents without the use of
traffic controls.
ii.
Corner radii. The roadway edge at street intersections shall be
rounded by a tangential arc with a radius of fifteen (15) feet
for local streets where the receiving street is projected to have
less than four hundred (400) vehicle trips per day, and
twenty-five (25) feet for intersections involving collector or
arterial streets. Any reduction or increase in the proposed
corner radii shall be subject to the approval of VDOT. The
intersection of a local street and an access lane or alley shall
be rounded by a tangential arc with a maximum radius of ten
(10) feet.
iii.
Curb cuts for driveways to individual residential lots shall be
prohibited along collector and subcollector streets with
residential access recommended from alleys only.
Additionally, curb cuts shall be limited to intersections with
other streets or access drives to parking areas for commercial,
civic or multifamily residential uses. Clear sight triangles
(twenty-five (25) feet x twenty-five (25) feet) or as approved
by VDOT shall be maintained at intersections unless
controlled by traffic signal devices.
iv.
The orientation of streets should enhance the visual impact of
common open spaces and prominent buildings create lots that
facilitate passive solar design, and minimize street gradients.
All streets shall terminate at other streets or at public land,
except local streets may terminate in stub streets when such
streets act as connections to future phases of the
development. Local streets may terminate other than at other
streets or public land when there is a connection to the
pedestrian and bicycle path network at the terminus.
6.
Parking requirements. ..... Parking areas for shared or community
use should be encouraged. The number of parking spaces shall be in
accordance with the zoning ordinance requirements. In addition:
a.
In the mixed use area, any parking lot shall be located at the
rear or side of a building.
b.
A parking lot may not be adjacent to or opposite a street
intersection.
c.
A shared parking agreement must be established and
approved by the zoning administrator prior to site plan
approval.
d.
Parking lots or garages must provide not less than one (1)
bicycle parking space for every ten (10) motor vehicle
parking spaces.
e.
Paving. Reduction of impervious surfaces through the use of
interlocking pavers is strongly encouraged for areas such as
remote parking lots and parking areas for periodic uses.
7.
Guidelines for lighting.
a.
Street lighting shall be provided along all streets. Generally
more, low-intensity lights, as opposed to fewer, high-
intensity lights, should be used. Street lights shall be installed
at all street intersections (including alleys), at the end of all
cul-de-sac streets, and on both sides of a street, alternating
from one side of the street to the other at intervals of three
hundred (300) to four hundred (400) feet. Lights shall not
exceed ten thousand (10,000) lumens and shall be directed
downward and opaquely covered at the top. Regardless of
type of fixture and bulb and illumination characteristics,
street lighting design shall follow dark sky guidelines and
principles.
b.
Exterior residential lighting shall be shielded and directed
downward in order to reduce glare onto adjacent properties.
c.
All commercial lighting shall be in compliance with article
11 of the zoning ordinance.
8.
Landscaping and screening standards. ..... Overall composition
and location of landscaping shall complement the scale of the
development and its surroundings. In general, larger, well-placed
contiguous planting areas shall be preferred to smaller,
disconnected areas. Plant materials, specifications, installation
and maintenance shall be in accordance with the zoning
ordinance landscaping requirements.
a.
Street trees. ..... A minimum of one (1) deciduous canopy tree
per forty (40) feet of street frontage per street side, shall be
required. Trees can be clustered and do not need to be evenly
spaced. Trees should be located between the sidewalk and the
curb, within the landscaped area of a boulevard, or in tree
wells installed in pavement or concrete.
Adopted this 21st day of May, 2015
Rex W. Alphin, Chairman
Attest:
_________________________________
Carey Mills Storm, Clerk
Approved as to Form:
_________________________________
Mark Popovich
County Attorney
May 21, 2015/MCP
ISSUE:
Public Hearing - Voting District Boundary Adjustment
BACKGROUND:
The Isle of Wight County Board of Elections submitted a written
request to the Board of Supervisors at its regular meeting of April
16, 2015, requesting revisions to the Isle of Wight election and
precinct districts in order to alleviate certain anomalies. In order
to effectuate the requested changes, the Board of Supervisors
must hold a public hearing and officially revise Chapter 5 of the
Isle of Wight County Code.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
Adopt an Ordinance to Amend and Reenact Chapter 5. Elections.
Article II. Election Districts, Sections 5-7 and 5-8, and Article III.
Precinct, Section 5-12. of the Isle of Wight County Code
ATTACHMENT:
Proposed Ordinance
Page 1
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 5. ELECTIONS. ARTICLE II. ELECTION DISTRICTS. SECTIONS 5-7 AND 5-8. ARTICLE III. PRECINCTS. SECTION 5-12
WHEREAS, the Isle of Wight County Electoral Board has request certain revisions to the
boundaries of Hardy and Carrsville Election Districts, with corresponding changes to the
boundaries of the Pons and Zuni precincts therein, to alleviate a split precinct in the 14th and 18th
Senatorial Districts; and
WHEREAS, the Isle of Wight County Electoral Board has also requested certain
revisions to the boundaries of the Windsor and Newport Election Districts, with corresponding
changes to the boundaries of the Longview and Carrollton precincts therein, in order to prevent
errors by making district lines more easily recognizable; and
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it to
be in the best interest of Isle of Wight County to make the requested changes as recommended
by the Electoral Board;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 5. Elections. Article II. Election Districts, Section 5-7, Enumerated and
Section 5-8, Boundaries, of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 5-7. - Enumerated.
The election districts with populations set forth are as follows:
Smithfield Election District 7,314
Newport Election District 7,312393
Hardy Election District 6,772 761
Windsor Election District 7,090009
Carrsville Election District 6,782793
Page 2
Sec. 5-8. - Boundaries.
The boundaries of the respective election districts are as set forth below:
(a) Carrsville election district. ..... Beginning at the intersection of U.S. Route 58 Business
and the Blackwater River, the boundary line between Southampton County and Isle of Wight County; thence in a Southeasterly direction down the Blackwater River, along
the boundary line between Southampton County and Isle of Wight County to the intersection of the boundary line with the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of State Route 609 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a
Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the
intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and the Antioch Swamp; thence in a Easterly direction for approximately 0.2 miles to the railroad track; thence in
a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a
Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along
State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and
State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly
direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State
Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 for approximately 0.6 miles to the intersection of State Route 649 and a private lane; thence in a Northwesterly direction along said private lane to the intersection of
said private lane and State Route 650; thence in a Easterly direction along State Route 650 to the intersection of State Route 650 and State Route 637; thence in a
Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines
and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction
along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Westerly direction along State Route 625 to the intersection of State Route
Page 3
625 and the run of Pouches Swamp; thence in a Northerly direction along the run of
Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route
680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a
Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection
of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance
of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State
Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas
pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Southwesterly direction along the boundary line between Isle of Wight County and
Surry County to the intersection of the boundary line between Isle of Wight County, Surry County and Southampton County; thence South along the boundary line of Isle of Wight County and Southampton County (Blackwater River) to the intersection of the boundary line of Isle of Wight County and Southampton County and U.S. Route 58 Business, the point of beginning.
(b) Windsor election district. ..... Beginning at the intersection of State Route 609 and the
boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the
intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp;
thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S.
Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly
direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 692; thence in a Easterly direction along State Route 692 to the intersection of State Route 692 and State Route 652;
thence in a Northerly direction along State Route 652 to the intersection of State Route
Page 4
652 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the
intersection of U.S. Route 258 and Champion Swamp; thence in a Southeasterly direction along Champion Swamp to the intersection of Champion Swamp and State
Route 692; thence in a Northeasterly direction along State Route 692 to the intersection of State Route 692 and State Route 654; thence in a Southeasterly direction along State Route 654 to the intersection of State Route 654 and State Route 600; thence in a
Easterly direction along State Route 600 for approximately 1.0 miles to the intersection of State Route 600 and a private farm lane; thence in a Northerly direction along said
private farm lane for approximately 0.63 miles to the intersection of said private farm lane and electrical transmission lines; thence in a Northwesterly direction along electrical transmission lines for approximately 3.3 miles to an intersection of said electrical transmission lines and a private lane; then in a Northeasterly direction along said private lane to the intersection of said private lane and State Route 620 between
16030 Scott's Factory Road and 16034 Scott's Factory Road; thence in a Southeasterly direction along State Route 620 to the intersection of State Route 620 and State Route
655; thence in a Northerly direction along State Route 655 to the intersection of State Route 655 and the Town of Smithfield corporate limit; thence in a Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and U.S. Route 258; thence in a Northwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Canteberry Lane; thence
in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of
the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to its intersection with State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and Jones Creek; thence in a Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing
along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State
Route 668; thence in a Northeasterly direction along State Route 668 to the intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek for approximately 0.22 miles; thence in a Southwesterly direction between 24
Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669; thence in a Southerly direction
along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence
in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission lines; thence in a Southwesterly direction along electrical transmission
lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and said private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers
Page 5
Creek; thence in a Easterly direction along Brewers Creek to the boundary line between
Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the
intersection of the boundary line between Isle of Wight County and the City of Suffolk and State Route 609, the point of beginning.
(c) Newport election district. ..... Beginning at the intersection of State Route 669 and the corporate limit of the Town of Smithfield; thence in a Southeasterly direction along
State Route 669 to the intersection of State Route 669 and Jones Creek; thence in a Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State Route
668; thence in a Northeasterly direction along State Route 668 to the intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek
for approximately 0.22 miles; thence in a Southwesterly direction between 24 Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669; thence in a Southerly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route
665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction
along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the
intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly
direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along
the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Newport News; thence in a
Northwesterly direction along the boundary line of Isle of Wight County and the City of Newport News for approximately 7.6 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Southerly direction to intersect with State Route 1001; thence in a Easterly direction along State Route 1001 to the intersection of State Route 1001 and State Route 704;
thence in a Southerly direction along State Route 704 to the intersection of State Route 704 and State Route 669, the point of beginning.
(d) Smithfield election district. ..... Beginning at the intersection of the Southern boundary line of the corporate limit of the Town of Smithfield and State Route 10; thence in a
Northwesterly direction along State Route 10 to the intersection of State Route 10 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus
and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with
Page 6
the corporate limit of the Town of Smithfield; thence in a Northerly direction along the
corporate limit of the Town of Smithfield to the Northern boundary of the corporate of limit of the Town of Smithfield and State Route 704; thence in a Northerly direction
along State Route 704 to the intersection of State Route 704 and State Route 1001; thence in a Northerly direction along State Route 1001 to the center point of the Pagan River; thence in a Northwesterly direction along the shoreline to the mouth of Williams
Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said
private wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield runway (FAA 31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a
Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the
intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of
Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in
Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence
in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North
Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258
Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along
Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in Southwesterly direction along Little Creek to the intersection of Little Creek and the corporate limit of the Town of
Smithfield; thence in a Southeasterly and Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of
Smithfield and State Route 10, the point of beginning.
(e) Hardy election district. ..... Beginning at the intersection of State Route 644 and U.S. Route 258; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route
647 to a private lane at the intersection of State Route 647 and State Route 1301; thence
Page 7
in a Southeasterly direction along said private lane and continuing in Southeasterly
direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in
a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 for approximately 0.6 miles to the intersection of State Route 649 and a private lane; thence
in a Northwesterly direction along said private lane to the intersection of said private lane and State Route 650; thence in a Easterly direction along State Route 650 to the
intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical
transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection
of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Northerly direction along State Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction
along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State
Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a
Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run;
thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route
1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677
to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a
Northerly direction along the boundary line of Isle of Wight County and Surry County to the intersection of the boundary line of Isle of Wight County, Surry County, James
City County and the City of Newport News; thence in a Southerly direction along the boundary line between Isle of Wight County and the City of Newport News for approximately 11.4 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek
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for approximately 0.64 miles; thence in a Northerly direction along a private wood trail
to the intersection of said private wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield runway (FAA
31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State
Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route
672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western
shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route
674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for
approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection
of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a
Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the
intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in Southwesterly direction along Little Creek to the intersection of Little Creek and the
corporate limit of the Town of Smithfield; thence in a Southerly direction along the corporate limit of the Town of Smithfield (Great Springs Road) to the intersection of the
corporate limit of the Town of Smithfield and State Route 655; thence in a Southerly direction along State Route 655 to the intersection of State Route 655 and State Route 620; in a Northwesterly direction along State Route 620 to the intersection of State Route 620 and State Route 1210; thence in a Southerly direction along a private lane between 16030 Scotts Factory Road and 16034 Scotts Factory Road to the intersection
of said private lane and electrical transmission lines; thence in a Southeasterly direction along electrical transmission lines for approximately 3.3 miles to the intersection of said
electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 654; thence in a Northwesterly direction along State Route 654 to the intersection of State Route 654 and State Route 692; thence in a
Page 9
Southwesterly direction along State Route 692 to the intersection of State Route 692
and the run of Champion Swamp; thence in a Northwesterly direction along the run of Champion Swamp to the intersection of the run and U.S. Route 258; thence in a
Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 652; thence in a Southeasterly direction along State Route 652 to the intersection of State Route 652 and State Route 692; thence in a Westerly direction
along State Route 692 to the intersection of State Route 692 and U.S. Route 258; thence in a Southwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258
and State Route 644, the point of beginning. (6-24-71, § 3; 5-20-81, § 3; 4-25-91, § 3; 5-3-01, § 3; Ord. No. 2011-7-C, 4-21-11.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 5. Elections. Article III. Precincts, Section 5-12, Boundaries,
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 5-12. - Boundaries.
The boundaries of the respective precincts are as set forth below:
(a) Carrsville election district.
(1) Camps Mill precinct. ..... Beginning at the intersection of U.S. Route 58 Business and the Blackwater River, the boundary line between the County of Southampton and the County of Isle of Wight; thence in a Southeasterly direction along the
Blackwater River, the boundary line between the County of Isle of Wight and the County of Southampton, to the intersection of the boundary line with the boundary
line of the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary line of the County
of Isle of Wight and the City of Suffolk with State Route 615; thence in a Northerly direction along State Route 615 to the intersection of State Route 615 and U.S.
Route 58 Business; thence in a Southwesterly direction along U.S. Route 58 Business to the intersection of U.S. Route 58 Business and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 611; thence in a Westerly direction along State Route 611 to the intersection of State Route 611 and the Blackwater River, the boundary line
between the County of Isle of Wight and the County of Southampton; thence in a Southerly direction along the Blackwater River to the intersection of the
Blackwater River and U.S. Route 58 Business, the point of beginning.
(2) Carrsville precinct. ..... Beginning at the intersection of U.S. Route 258 and U.S.
Route 58 Business; thence in a Northeasterly direction along U.S. Route 58 Business to the intersection of U.S. Route 58 Business and State Route 615; thence
in a Southerly direction along State Route 615 to the intersection of State Route 615 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary
Page 10
line of the County of Isle of Wight and the City of Suffolk and State Route 610;
thence in a Northerly direction along State Route 610 to the intersection of State Route 610 and State Route 687; thence in a Southwesterly direction along State
Route 687 to the intersection of State Route 687 and State Route 611; thence in a Westerly direction along State Route 611 to the intersection of State Route 611 and U.S. Route 258; thence in a Southerly direction along U.S. Route 258 to the
intersection of U.S. Route 258 and U.S. Route 58 Business, the point of beginning.
(3) Walters precinct. ..... Beginning at the intersection of State Route 611 and the Blackwater River, at the boundary line between the County of Southampton and the County of Isle of Wight; thence in an Easterly direction along State Route 611 to the intersection of State Route 611 and State Route 687; thence in a Northeasterly direction along State Route 687 to the intersection of State Route 687 and State
Route 610; thence in a Southeasterly direction along State Route 610 to the intersection of State Route 610 and the boundary line between the County of Isle of
Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary line and State Route 609; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Westerly direction along State Route 603 to the intersection
of State Route 603 and the Blackwater River, the boundary line between the County of Isle of Wight and the county of Southampton; thence in a Southwesterly
direction along the Blackwater River to the intersection of the Blackwater River and State Route 611, the point of beginning.
(4) Zuni precinct. ..... Beginning at the intersection of State Route 603 and the Blackwater River, the boundary line between the County of Southampton and the
County of Isle of Wight; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly
direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately
1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect
U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State
Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and
State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and
State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in
a Northeasterly direction along State Route 1302 to the intersection of State Route
Page 11
1302 and State Route 637; thence in a Westerly direction along State Route 637 to
the intersection of State Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 for approximately 0.6 miles to the intersection of
State Route 649 and a private lane; thence in a Northwesterly direction along said private lane to the intersection of said private lane and State Route 650; thence in a Westerly and Southwesterly direction along State Route 650 to the intersection of
State Route 650 and State Route 646; thence in a Northwesterly direction along State Route 646 and the intersection of State Route 646 and State Route 620;
thence in a Westerly direction to the intersection of State Route 620 and the Blackwater River, thence in a southerly direction along the Blackwater River to the intersection of the Blackwater River with State Route 603, the point of beginning.
(5) Raynor precinct. ..... Beginning at the intersection of State Route 620 and the
Blackwater River; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 646; thence in a Southeasterly
direction along State Route 646 to the intersection of State Route 646 and State Route 650; thence in a Northeasterly direction along State Route 650, to the intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the
intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a
Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Northerly direction along State
Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection
of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680
and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly
direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the
headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction
along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State
Route 673 for a distance of approximately 1.1 miles to the intersection of State
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Route 673 and a gas pipeline; thence in a Northerly direction along said gas
pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in
a Southwesterly direction along the boundary line of Isle of Wight County and Surry County to the intersection of the boundary line of Isle of Wight County, Surry County and Southampton (Blackwater River); thence in Southerly direction
along the boundary line of Isle of Wight County and Southampton County to the intersection of the boundary line of Isle of Wight County and Southampton County
and State Route 620, the point of beginning.
(b) Windsor election district.
(1) Windsor precinct. ..... Beginning at the intersection of State Route 609 and the
boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State
Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657
and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for
approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly
direction along State Route 606 to the intersection of State Route 606 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a
Southwesterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Suffolk and Route 606, the point of beginning.
(2) Courthouse precinct. ..... Beginning at the intersection of State Route 606 and U.S.
Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 692; thence in a Easterly direction along State Route 692 to the intersection of State Route 692 and State Route 652; thence in a Northerly direction along State Route 652 to the intersection of State Route 652 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the
intersection of U.S. Route 258 and Champion Swamp; thence in a Southeasterly direction along Champion Swamp to the intersection of Champion Swamp and
State Route 692; thence in a Northeasterly direction along State Route 692 to the intersection of State Route 692 and State Route 654; thence in a Southeasterly direction along State Route 654 to the intersection of State Route 654 and State
Route 600; thence in a Easterly direction on State Route 600 to the intersection of State Route 600 and State Route 602; thence in a Southerly direction along State
Route 602 to the intersection of State Route 602 and State Route 600; thence in a Southeasterly direction along State Route 600 to the intersection of State Route 600
Page 13
and State Route 10; thence in a Southerly direction along State Route 10 to the
intersection of State Route 10 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line of
Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Suffolk and State Route 606; thence in a Westerly direction along State Route 606 to the intersection of State Route 606
and U.S. Route 258, the point of beginning.
(3) Longview precinct. ..... Beginning at the intersection of State Route 10 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northerly direction along State Route 10 to the intersection of State Route 10 and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 602; thence in a Northerly direction
along State Route 602 to the intersection of State Route 602 and State Route 600; thence in a Northwesterly direction along State Route 600 for approximately 0.9
miles to the intersection of State Route 600 and a private farm lane; thence in a Northerly direction along said private farm lane for approximately 0.63 miles to the intersection of said private farm lane and electrical transmission lines; thence in a Northwesterly direction along electrical transmission lines for approximately 3.3 miles to an intersection of said electrical transmission lines and a private lane; then
in a Northeasterly direction along said private lane to the intersection of said private lane and State Route 620 between 16030 Scott's Factory Road and 16034 Scott's Factory Road; thence in a Southeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 655; thence in a Northerly direction along State Route 655 to the intersection of State Route 655 and the Town of Smithfield corporate limit; thence in a Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the
Town of Smithfield and U.S. Route 258; thence in a Northwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Canteberry Lane; thence
in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the
corporate limit of the Town of Smithfield to its intersection with State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of
State Route 669 and Jones Creek; thence in a Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State Route 668; thence in a Northeasterly
direction along State Route 668 to the intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek for approximately
0.22 miles; thence in a Southwesterly direction between 24 Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669; thence in a Southerly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and
State Route 670; thence in a Southerly direction along State Route 670 to the
Page 14
intersection of State Route 670 and State Route 711; thence in a Southerly direction
along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to
electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a
private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55
miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of the boundary line
between Isle of Wight County and the City of Suffolk and State Route 10, the point of beginning.
(c) Hardy election district.
(1) Pons precinct. ..... Beginning at the intersection of U.S. Route 258 and State Route 644; thence in a Westerly direction along State Route 644 to the intersection of
State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 649; thence in a Southwesterly
direction along State Route 649 for approximately 0.6 miles to the intersection of State Route 649 and a private lane; thence in a Northwesterly direction along said
private lane to the intersection of said private lane and State Route 650; thence in a Easterly direction along State Route 650 to the intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the
intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical
transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to
the intersection of State Route 681 and State Route 625; thence in a Westerly direction along State Route 625 to the intersection of State Route 625 and the run
of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State
Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly
direction along State Route 681 to the intersection of State Route 681 and State
Page 15
Route 626; thence in a Easterly direction along State Route 626 to the intersection
of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446
Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly
direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of
approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Southerly direction along State Route 677 to the intersection of State Route 677 and State Route 626; thence in a Southeasterly direction along State Route 626 and continuing on Carey Street to the
over pass of Carey Street and State Route 10; thence in a Southerly direction along State Route 10 to the intersection of State Route 10 and Little Creek; thence in a
Southwesterly direction along Little Creek to the intersection of Little Creek and Great Spring Road (State Route 655); thence in a Southeasterly direction along Great Spring Road (State Route 655) to the intersection of Great Spring Road (State Route 655) and State Route 620; thence in a Northwesterly direction along State Route 620 to the intersection of State Route 620 and State Route 1210; thence
in a Southerly direction along a private lane between 16030 Scotts Factory Road and 16034 Scotts Factory Road to the intersection of said private lane and electrical
transmission lines; thence in a Southeasterly direction along electrical transmission lines for approximately 3.3 miles to the intersection of said electrical transmission lines and a private farm lane; thence in a Southerly direction along said private farm lane to the intersection of the private farm lane and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600
and State Route 654; thence in a Northwesterly direction along State Route 654 to the intersection of State Route 654 and State Route 692; thence in a Southwesterly
direction along State Route 692 to the intersection of State Route 692 and the run of Champion Swamp; thence in a Northwesterly direction along the run of Champion Swamp to the intersection of the run and U.S. Route 258; thence in a
Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 652; thence in a Southeasterly direction along State Route 652 to the
intersection of State Route 652 and State Route 692; thence in a Westerly direction along State Route 692 to the intersection of State Route 692 and U.S. Route 258; thence in a Southwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644, the point of beginning.
(2) Rushmere precinct. ..... Beginning at the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection
of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in
a Northerly direction along the boundary line of Isle of Wight County and Surry
Page 16
County to the intersection of the boundary line of Isle of Wight County, Surry
County, James City County and the City of Newport News; thence in a Southerly direction along the boundary line between Isle of Wight County and the City of
Newport News for approximately 11.4 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence
Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private
wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield runway (FAA 31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673;
thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State
Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly
direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection
of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly
direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to
connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly
direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the
intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in a
Southwesterly direction along Little Creek to the intersection of Little Creek and State Route 10 Bypass; thence in a Northerly direction along State Route 10 Bypass
to the intersection of the State Route 10 Bypass and Carey Street overpass; thence in a Northwesterly direction along Carey Street (State Route 626) to the intersection of State Route 626 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 1620, the point of beginning.
Page 17
(d) Smithfield election district.
(1) Smithfield precinct. ..... Beginning at the intersection of Battery Park Road and the
corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate of limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and State Route 704; thence in a Northerly
direction along State Route 704 to the intersection of State Route 704 and State Route 1001; thence in a Northerly direction along State Route 1001 to the center
point of the Pagan River; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield
runway (FAA 31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm
Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the
intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the
North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State
Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway),
the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106
Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction
along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the
intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds
Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in a Northeasterly direction along Little Creek to the intersection of Little Creek and Cypress Creek; thence in a Northerly direction along Cypress Creek to the intersection of Cypress Creek and South Church Street (U.S. Route 258 Business); thence in Southeasterly direction along
South Church Street (U.S. Route 258 Business) to the intersection of South Church
Page 18
Street (U.S. Route 258 Business) and Battery Park Road; thence in a Easterly
direction along Battery Park Road to the intersection of Battery Park Road and the corporate limit of the Town of Smithfield, the point of beginning.
(2) Cypress Creek precinct. ..... Beginning at the intersection of the Southern boundary line of the corporate limit of the Town of Smithfield and State Route 10; thence in
a Northwesterly direction along State Route 10 to the intersection of State Route 10 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its
terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to the Northern boundary of the corporate of limit of the Town of Smithfield and Battery Park Road; thence in a Westerly direction along Battery Park Road to the intersection of
Battery Park Road and South Church Street (U.S. Route 258 Business); thence in a Northwesterly direction along South Church Street (U.S. Route 258 Business) to
the intersection of South Church Street (U.S. Route 258 Business) and Cypress Creek; thence in a Southerly direction along Cypress Creek for approximately 0.15 miles to the intersection of Cypress Creek and Little Creek; thence in a Southwesterly direction along Little Creek to the intersection of Little Creek and corporate limit of the Town of Smithfield (Great Spring Road); thence in a
Southerly and Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and
State Route 10, the point of beginning.
(e) Newport election district.
(1) Carrollton precinct. ..... Beginning at the intersection of State Route 711 and U.S.
Route 258; thence in a Easterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and U.S. Route 17; thence in a Northeasterly direction along U.S. Route 17 to the intersection of U.S. Route 17 and the boundary line between Isle of Wight County and the City of Newport News; thence in a Northwesterly direction along the boundary line between Isle of Wight County and the City of
Newport News for approximately 3.7 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a
Southerly direction to intersect with State Route 1001; thence in a Easterly direction along State Route 1001 to the intersection of State Route 1001 and State Route 704; thence in a Southerly direction along State Route 704 to the intersection of State Route 704 and State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and Jones Creek; thence in a
Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing
along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State Route 668; thence in a Northeasterly direction along State Route 668 to the
intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek for approximately 0.22 miles; thence in a Southwesterly
direction between 24 Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669;
Page 19
thence in a Southerly direction along State Route 669 to the intersection of State
Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a
Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258, the point of beginning.
(2) Bartlett precinct. ..... Beginning at the intersection of U.S. Route 258 and U.S.
Route 17; thence in a Westerly direction along U.S. Route 258 for approximately 0.7 miles to the intersection of U.S. Route 258 and electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the
intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a
Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and
the City of Newport News; thence in a Northwesterly direction along the boundary line of Isle of Wight County and the City of Newport News for approximately 4.0
miles to the intersection of the boundary line between Isle of Wight County and the City of Newport News and U.S. Route 17; thence in a Southwesterly direction along U.S. Route 17 to the intersection of U.S. Route 17 and U.S. Route 258, the point of beginning. (6-24-71, § 3; 5-20-81, § 3; 12-2-82; 4-25-91, § 3; 8-18-94; 5-13-01, § 3; 12-5-08; Ord. No. 2011-7-C, 4-21-11.)
Adopted this 21st
day of May, 2015.
Rex Alphin, Chairman
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
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Page 20
Mark C. Popovich, County Attorney
May 21, 2015/MCP/ Sale of Public Property - Ennisdale
ISSUE:
Public Hearing – Ennisdale Property Sale
BACKGROUND:
The County obtained ownership of two (2) parcels of property in
the Ennisdale subdivision in 1991 as a result of a Circuit Court
action and subsequent order. The property has sat idle and has
not been considered viable for any designated public use.
In February, 2015, an offer to purchase was received by staff as a
result of efforts initiated by the Board of Supervisors to dispose
of certain publicly held property for revenue generation purposes.
After negotiating the terms of sale, a final purchase price of
$55,000 has been agreed to by the prospective buyer.
BUDGETARY IMPACT:
Sale of this property will result in the generation of an additional
$55,000 of revenue.
RECOMMENDATION:
Following the public hearing, adopt a motion authorizing the
Chairman, County Administrator and/or County Attorney to
execute any and all documents necessary to effectuate the sale of
the property as presented.
ATTACHMENT:
Proposed Deed of Bargain and Sale
DEED OF BARGAIN AND SALE
CONSIDERATION: $55,000.00
GRANTEE'S ADDRESS: 14420 Bradbys Lane Smithfield, Virginia 23430
THIS INSTRUMENT PREPARED BY: Mark C. Popovich
County Attorney P. O. Box 80 Isle of Wight, VA 23397
Tax Map # 06H-01-032
THIS DEED OF BARGAIN AND SALE, made and entered into this __ day of ________________, 2015, by and between ISLE OF WIGHT COUNTY, VIRGINIA, a
political subdivision of the Commonwealth of Virginia, party of the first part, Grantor,
and JOHN B. HOLT, JR. and MARCY R. HOLT, husband and wife, party of the second
part, Grantee, whose principal address is 14420 Bradbys Lane, Smithfield, Virginia 23430. WITNESSETH:
WHEREAS, by motion duly adopted by the Board of Supervisors of Isle of Wight County at the regularly scheduled public meeting held on May 21, 2015, following the
public hearing duly held on the sale of the hereinafter described tract of land to the
Grantee, the Board of Supervisors of Isle of Wight County did approve the sale of the
hereinafter described land to the Grantee.
NOW, THEREFORE, for and in consideration of the sum of Fifty-Five Thousand
Hundred Dollars ($55,000.00) cash in hand paid, the receipt of which is hereby
acknowledged by the Grantor, the Grantor does hereby grant, bargain, sell, and convey
with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the
Grantee, the following described real estate, to-wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
Together with all and singular the buildings and improvements, thereon, the rights and privileges, tenements, hereditaments, easements and appurtenances unto the said land
belonging or in anywise appertaining.
This conveyance is made subject to any easements, restrictions, and reservations
contained in duly recorded deeds, plats and other instruments constituting constructive
2
notice in the chain of title, which have not expired by a time limitation contained therein
or have otherwise become ineffective, and to matters visible upon inspection.
IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia, pursuant to a motion duly adopted on May 21, 2015, has caused Rex Alphin, Chairman of the Board of Supervisors to affix his signature and seal hereto:
BOARD OF SUPERVISORS
ISLE OF WIGHT COUNTY, VIRGINIA
Rex Alphin, Chairman
STATE OF VIRGINIA, COUNTY OF ISLE OF WIGHT, to-wit:
The foregoing instrument was acknowledged before me this _____ day of ________________________, 2015, by Rex Alphin, Chairman, on behalf of the Isle of
Wight County Board of Supervisors.
My commission expires: __________________.
____________________________________
Notary Public
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich
County Attorney for
Isle of Wight County, Virginia
3
EXHIBIT A
All of that certain tract, piece or parcel of land situate, lying and being in the
Hardy Magisterial District, Isle of Wight County, Virginia, designated as Lots 27,
Lot 32 and Lot 34 as shown on that certain plat of survey entitled “ENNISDALE FARMS, HARDY MAGISTERIAL DISTRICT, ISLE OF WIGHT COUNTY,
VIRGINIA” made by J. Edward Brown, Certified Land Surveyor, dated March 3,
1978, and recorded in the Clerk’s Office of the Circuit Court of Isle of Wight
County, Virginia, in Plat Book 8, Pages 56 and 57, to which plat reference is here
made.
It being part of the same property conveyed to COUNTY OF ISLE OF WIGHT, a
political subdivision of the Commonwealth of Virginia by deed dated August 22,
1991 from PAUL N. CARRITHERS, INCORPORATED, a Virginia corporation,
said deed being recorded in the aforesaid Clerk’s Office on June 29, 1992 in Deed Book 399, Page 612.
ISSUE:
Staff Report – Bond Refunding and Financing Opportunities
BACKGROUND:
As a result of the recent decline in interest rates, the County’s financial
advisor, Davenport & Company LLC, has recommended that the
County explore bond refunding and financing opportunities.
James Sanderson with Davenport & Company LLC will provide the
Board with a presentation regarding the aforementioned opportunities.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt the attached resolution providing for the refunding of general
obligation bonds.
ATTACHMENTS:
Resolution
The undersigned Clerk of the Board of Supervisors (the “Board”) of Isle of Wight
County, Virginia (the “County”), certifies as follows:
1. A regular meeting of the Board was held on the 21st
PRESENT: [Rex Alphin
day of May, 2015, at the time
and place established by the Board for such meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and
absent during the voting on the resolution referred to below:
Byron B. Bailey
Alan E. Casteen Delores M. Darden
Rudolph Jefferson]
ABSENT: [None]
2. A resolution entitled “Resolution Providing for the Issuance, Sale and Award of
General Obligation Public Improvement Refunding Bonds, Series 2015, of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed $18,000,000, Providing for the Form, Details and
Payment Thereof, and Providing for the Refunding of Certain General Obligation Bonds of the
County” was duly adopted at a regular meeting held on May 21, 2015, by an affirmative roll call
vote of a majority of all members of the Board, the ayes and nays being recorded in the minutes
of the meeting as shown below:
MEMBER
[Rex Alphin ___
VOTE
Byron B. Bailey ___
Alan E. Casteen ___
Delores M. Darden ___ Rudolph Jefferson ___]
3. Attached hereto is a true, correct and complete copy of such resolution as adopted
at such meeting.
4. The foregoing resolution has not been repealed, revoked, rescinded or amended
and is in full force and effect on the date hereof.
WITNESS my signature and the seal of the Board of Supervisors of Isle of Wight
County, Virginia, this ____ day of ______, 2015.
_________________________________________
(SEAL) Clerk, Board of Supervisors,
Isle of Wight County, Virginia
RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT REFUNDING BONDS, SERIES 2015, OF
ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF, AND PROVIDING FOR THE REFUNDING OF CERTAIN
GENERAL OBLIGATION BONDS OF THE COUNTY
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code of Virginia of 1950, as amended,
Isle of Wight County, Virginia (the “County”), has elected by affirmative vote of the qualified
voters of the County, to be treated as a city for the purpose of issuing its bonds;
WHEREAS, on December 16, 2008, the County issued its $25,000,000 General
Obligation Public Improvement Bonds, Series 2008B (the “Series 2008 Bonds”), of which $14,505,000 remains outstanding;
WHEREAS, the County administration, in consultation with Davenport & Company
LLC, the County’s financial advisor (the “Financial Advisor”), has recommended to the Board of
Supervisors of the County (the “Board”) that the County authorize the refunding of all or a
portion of the outstanding Series 2008 Bonds (the “Refunded Bonds”), and the issuance and sale of a series of general obligation refunding bonds, in order to achieve debt service savings; and
WHEREAS, the County administration, in consultation with the Financial Advisor, has
recommended to the Board that the County issue and sell a single series of tax-exempt general
obligation refunding bonds in a principal amount not to exceed $18,000,000 through one or more
of the following methods: (a) a private placement with a banking or other financial institution (a “Private Sale”), (b) a public offering through a competitive sale (a “Competitive Sale”), or (c) a
public offering through a negotiated underwriting (a “Negotiated Sale”) (in any of such funding
options, the purchaser(s) of the bonds shall be referred to herein as the “Purchaser”);
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIRGINIA:
1. Issuance of Bonds. There shall be issued and sold, pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, tax-
exempt general obligation refunding bonds of the County in the maximum aggregate principal
amount of $18,000,000 (the “Bonds”) to (a) provide funds to refund the Refunded Bonds and
(b) pay the costs incurred in connection with issuing the Bonds and refunding the Refunded Bonds.
2. Bond Details. The Bonds may be issued in a single series and shall be designated
“General Obligation Public Improvement Refunding Bonds, Series 2015,” or such other
designation as shall be determined by the County Administrator, shall be in registered form, shall
be dated such date as determined by the County Administrator, shall be in denominations of $5,000 and integral multiples thereof, and shall be numbered R-1 upward. Subject to Section 3,
2
the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the County
Administrator; provided, however, that (a) the Bonds shall have a “true” or “Canadian” interest
cost not to exceed 4.0%, taking into account any original issue discount or premium thereon,
(b) the Bonds shall be sold at a price not less than 98.0% of the original aggregate principal amount thereof (excluding any original issue discount), and (c) the Bonds shall mature or be subject to mandatory sinking fund redemptions in annual installments ending no later than
December 31, 2031; and, provided further, that the refunding of the Refunded Bonds in the
aggregate shall result in net present value debt service savings to the County of at least 3.0% of
the principal amount of the Refunded Bonds. Principal of the Bonds shall be payable annually and interest on the Bonds shall be payable semiannually on dates determined by the County Administrator.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360-day year of twelve 30-day months. Principal and premium, if
any, shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the
Registrar on a date prior to each interest payment date that shall be determined by the County
Administrator (the “Record Date”). Principal, premium, if any, and interest shall be payable in
lawful money of the United States of America.
3. Methods of Sale; Award of Bonds. The Bonds shall be sold in one or more sales, whether through a Private Sale, a Competitive Sale, a Negotiated Sale or any combination
thereof, as determined by the County Administrator to be in the best interests of the County.
(a) If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Private Sale, the County Administrator is authorized, on behalf of the County and in collaboration with the Financial Advisor, to solicit bids from banking institutions and other financial firms, to determine which bid (or bids) offers the best terms to the
County, and, subject to the limitations set forth in Section 2, to arrange for the issuance and sale
of the Bonds to the Purchaser. Following a Private Sale, the County Administrator shall file a
certificate with the Board setting forth the final terms of the Bonds. The actions of the County Administrator in selling the Bonds by Private Sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board.
(b) If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Competitive Sale, the County Administrator is authorized, on
behalf of the County and in collaboration with the Financial Advisor, to take all proper steps to advertise the Bonds for sale, to receive public bids and to award the Bonds to the bidder providing the lowest “true” or “Canadian” interest cost, subject to the limitations set forth in
Section 2. Following a Competitive Sale, the County Administrator shall file a certificate with
the Board setting forth the final terms of the Bonds. The actions of the County Administrator in
selling the Bonds by Competitive Sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board.
(c) If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Negotiated Sale, the County Administrator is authorized, on
3
behalf of the County and in collaboration with the Financial Advisor, to choose an investment
banking firm to serve as underwriter for the Bonds and to execute and deliver to the underwriter,
as Purchaser of the Bonds, a bond purchase agreement reflecting the final terms of the Bonds.
The bond purchase agreement shall be in a form approved by the County Administrator, in collaboration with the County Attorney, the Financial Advisor and the County’s bond counsel. The actions of the County Administrator in selling the Bonds by Negotiated Sale shall be
conclusive, and no further action with respect to the sale and issuance of the Bonds shall be
necessary on the part of the Board.
(d) Following the determination of which method(s) of sale shall be used, the County Administrator is hereby authorized to (i) determine the principal amount of the Bonds, subject to the limitations set forth in Section 1, (ii) determine the interest rates of the Bonds, the
maturity schedules of the Bonds, and the price to be paid for the Bonds by the Purchaser, subject
to the limitations set forth in Section 2, (iii) determine the redemption provisions of the Bonds,
subject to the limitations set forth in Section 5, and (iv) determine the dated date, the principal and interest payment dates and the Record Date of the Bonds, all as the County Administrator determines to be in the best interests of the County.
4. Securities Depository Provisions for Public Sale. If the Bonds are sold through
a Negotiated Sale or a Competitive sale, the following terms shall apply:
(a) Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York (“DTC”), or its nominee. The County has heretofore entered into a Blanket Letter of
Representations relating to a book-entry system to be maintained by DTC with respect to the
Bonds. “Securities Depository” shall mean DTC or any other securities depository for the Bonds
appointed pursuant to this Section.
(b) In the event that (i) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the County
discharges its responsibilities hereunder, or (ii) the County in its sole discretion determines
(A) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (B) to select a
new Securities Depository, then its chief financial officer shall, at the direction of the County, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or
authenticate and deliver certificated Bonds to the beneficial owners or to the Securities
Depository participants on behalf of beneficial owners substantially in the form provided for in
Section 7; provided, however, that such form shall provide for interest on the Bonds to be payable (1) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (2) otherwise from the interest payment date that is or immediately precedes the date on
which the Bonds are authenticated (unless payment of interest thereon is in default, in which case
interest on such Bonds shall be payable from the date to which interest has been paid). In
delivering certificated Bonds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be
registrable, transferable and exchangeable as set forth in Section 9.
4
(c) So long as there is a Securities Depository for the Bonds (i) it or its
nominee shall be the registered owner of the Bonds, (ii) notwithstanding anything to the contrary
in this Resolution, determinations of persons entitled to payment of principal, premium, if any,
and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (iii) the Registrar and the County shall not be
responsible or liable for maintaining, supervising or reviewing the records maintained by the
Securities Depository, its participants or persons acting through such participants, (iv) references
in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds and (v) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-
referenced Blanket Letter of Representations such provisions of the Blanket Letter of
Representations, except to the extent set forth in this subsection and subsection 4(b), shall
control.
5. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the County at a price and on or after dates, if any, determined by the
County Administrator.
Any Bonds sold as term bonds may be subject to mandatory sinking fund redemption
upon terms determined by the County Administrator.
If less than all of the Bonds are called for redemption, the maturities to be redeemed shall be selected by the County’s chief financial officer in such manner as the chief financial officer
may determine to be in the best interest of the County. If less than all the Bonds of a particular
maturity are called for redemption, the Bonds within such maturity to be redeemed shall be
selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall
be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds
for redemption, each Bond shall be considered as representing that number of Bonds that is
obtained by dividing the principal amount of such Bond by $5,000. The County shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile or electronic transmission, registered or certified mail or overnight express
delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered
owner of the Bonds. The County shall not be responsible for sending notice of redemption to
anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be sent to the
registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in
principal amount equal to the unredeemed portion thereof will be issued to the registered owner
upon the surrender thereof.
In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, no
later than the redemption date or (2) the County retains the right to rescind such notice on or
prior to the scheduled redemption date (in either case, a “Conditional Redemption”), and such
5
notice and optional redemption shall be of no effect if such moneys are not so deposited or if the
notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any
time. The County shall give prompt notice of such rescission to the affected Bondholders. Any
Bonds subject to Conditional Redemption where redemption has been rescinded shall remain outstanding, and the rescission shall not constitute an event of default. Further, in the case of a Conditional Redemption, the failure of the County to make funds available on or before the
redemption date shall not constitute an event of default, and the County shall give immediate
notice to all organizations registered with the Securities and Exchange Commission as securities
depositories or the affected Bondholders that the redemption did not occur and that the Bonds called for redemption and not so paid remain outstanding.
6. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Chairman or Vice Chairman of the Board, shall be countersigned by
the manual or facsimile signature of the Clerk or Deputy Clerk of the Board and the Board’s seal
shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of
authentication noted thereon.
7. Bond Form. The Bonds shall be in substantially the form of Exhibit A
8. Pledge of Full Faith and Credit. The full faith and credit of the County are
irrevocably pledged for the payment of principal of and premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable
property in the County sufficient to pay when due the principal of and premium, if any, and
interest on the Bonds.
attached
hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds.
9. Registration, Transfer and Owners of Bonds. The County Administrator is hereby authorized and directed to appoint the County Treasurer or a qualified bank or trust company as paying agent and registrar for the Bonds (the “Registrar”). The Registrar shall
maintain registration books for the registration and registration of transfers of Bonds. Upon
presentation and surrender of any Bonds at the corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall
execute and the Registrar shall authenticate, if required by Section 6, and deliver in exchange, a
new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of
the same form and maturity, bearing interest at the same rate, and registered in names as
requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge
the person requesting such exchange the amount of any tax or other governmental charge
required to be paid with respect thereto.
6
The Registrar shall treat the registered owner as the person exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person shown as owner
on the registration books on the Record Date.
10. Preparation and Delivery of Bonds. After the Bonds have been awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with
their terms and to deliver the Bonds to the Purchaser thereof upon payment therefor.
11. Escrow Deposit Agreement. The County Administrator is authorized to execute and deliver one or more escrow deposit agreements (collectively, the “Escrow Agreement”) between the County and an escrow agent to be appointed by the County Administrator (the
“Escrow Agent”). The Escrow Agreement shall be in the form approved by the County
Administrator, in collaboration with the County Attorney and the County’s bond counsel, and
shall provide for the deposit and investment of a portion of the Bond proceeds for the defeasance of the Refunded Bonds. The execution of the Escrow Agreement by the County Administrator shall constitute conclusive evidence of such official’s approval of the Escrow Agreement. The
Escrow Agreement shall provide for the irrevocable deposit of a portion of the Bond proceeds
(the “Refunding Portion”) in an escrow fund that shall be sufficient to provide for payment of
principal of and premium, if any, and interest on the Refunded Bonds; provided, however, that the Refunding Portion pertaining to the Bonds shall be invested in such manner that none of the Bonds will be “arbitrage bonds” within the meaning of Section 148 of the Code.
12. Deposit of Bond Proceeds. The County Treasurer and the Director of Budget
and Finance or either of them is authorized and directed (a) to provide for the delivery of the
Refunding Portion to the Escrow Agent for deposit in the escrow funds established by the Escrow Agreement, in an amount that will be sufficient, together with any other funds deposited with the Escrow Agent and the interest thereon when invested as provided in the Escrow
Agreement, (i) to pay when due the interest on the Refunded Bonds to the first date on which
they may be redeemed at the option of the County and (ii) to pay upon the earlier of maturity or
redemption the principal of the Refunded Bonds, plus any interest accrued and unpaid to such redemption date, plus the applicable redemption premium, and (b) to provide for the deposit of the remaining proceeds of the Bonds in a special account to be used to pay the costs incurred in
refunding the Refunded Bonds and issuing the Bonds. The County Treasurer and the Director of
Budget and Finance or either of them is further authorized and directed to take all such further
action as may be necessary or desirable in connection with the payment and refunding of the Refunded Bonds.
13. Redemption of Refunded Bonds. The County Administrator is authorized and
directed to determine which principal maturities (or portions thereof) of the Series 2008 Bonds
shall constitute the Refunded Bonds. The County Administrator shall direct that notices of
redemption be given to the registered owners of the Refunded Bonds in accordance with the resolution providing for the issuance of the Series 2008 Bonds.
14. Arbitrage Covenants. The County covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to be “arbitrage bonds” within
7
the meaning of Section 148 of the Code, or otherwise cause interest on the Bonds to be
includable in the gross income of the registered owners thereof under existing law. Without
limiting the generality of the foregoing, the County shall comply with any provision of law
which may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent
interest on the Bonds from being includable in the gross income of the registered owners thereof
under existing law. The County shall pay any such required rebate from its legally available
funds.
15. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the
expected use and investment of the proceeds of the Bonds in order to show that such expected
use and investment will not violate the provisions of Section 148 of the Code, and any elections
such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County.
16. Limitation on Private Use. The County covenants that it shall not permit the
proceeds of the Bonds or the facilities refinanced with the proceeds of the Bonds to be used in
any manner that would result in (a) 5% or more of such proceeds or the facilities refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds
or the facilities refinanced with such proceeds being used with respect to any output facility
(other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the
Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or refinance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the interest on the Bonds from
being includable in the gross income for federal income tax purposes of the registered owners
thereof under existing law, the County need not comply with such covenants.
17. Other Actions. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds
are approved and confirmed. The officers of the County are authorized and directed to execute
and deliver all certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds.
18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
19. Effective Date. This Resolution shall take effect immediately.
A-1
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation (“DTC”), to the issuer or its agent for
registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
Exhibit A
REGISTERED REGISTERED
No. R-____ $__________
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
ISLE OF WIGHT COUNTY
General Obligation Public Improvement Refunding Bond Series 2015
INTEREST RATE MATURITY DATE DATED DATE CUSIP
_____% _______, ____ _________, 2015 ______ ___
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
Isle of Wight County, Virginia (the “County”), for value received, promises to pay, upon
surrender hereof to the registered owner hereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above, subject to prior redemption as
hereinafter provided, and to pay interest hereon from its date semiannually on each _________ and _____________, beginning ____________, ____, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest
are payable in lawful money of the United States of America by __________________,
______________, ______________, who has been appointed paying agent and registrar for the
bonds (the “Registrar”).
Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company (“DTC”), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
County’s Blanket Letter of Representation to DTC.
A-2
This bond is one of an issue of $____________ General Obligation Public Improvement
Refunding Bonds, Series 2015, of like date and tenor, except as to number, denomination, rate of
interest and maturity, and is issued pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the Public Finance Act of 1991. This bond has been authorized and issued pursuant to a resolution adopted by the County Board of Supervisors on May 21, 2015, to provide funds to (a) refund a portion of the County’s $_______ General
Obligation Public Improvement Bonds, Series 2008B and (b) pay the costs incurred in
connection with issuing the bonds.
Bonds maturing on or before ____________, ____, are not subject to redemption prior to maturity. Bonds maturing on or after __________, ____, are subject to redemption prior to maturity at the option of the County on or after ____________, ____, in whole or in part (in
integrals of $5,000) at any time, upon payment of the following redemption prices (expressed as
a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to
the redemption date:
Period During Which Redeemed Redemption (Both Dates Inclusive)
[Bonds maturing on ___________, ____, are required to be redeemed in part before
maturity by the County on _________ in the years and amounts set forth below, at a redemption
price equal to the principal amount of the bonds to be redeemed, plus interest accrued and unpaid to the redemption date:
Price
Year Amount Year
]
Amount
If less than all of the bonds are called for redemption, the maturities of the bonds to be
redeemed shall be selected by the County’s chief financial officer in such manner as the chief financial officer may determine to be in the best interest of the County. If less than all the bonds
of a particular maturity are called for redemption, the bonds within such maturity to be redeemed
shall be selected by DTC or any successor securities depository pursuant to its rules and
procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot
in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple
thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing
that number of bonds that is obtained by dividing the principal amount of such bond by $5,000.
The County shall cause notice of the call for redemption identifying the bonds or portions thereof
to be redeemed to be sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date,
to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for
A-3
redemption, a new bond in the principal amount of the unredeemed portion hereof will be issued
to the registered owner upon surrender hereof.
The County may give a notice of redemption prior to a deposit of redemption moneys if
such notice states that the redemption is to be funded with the proceeds of a refunding bond issue and is conditioned on the deposit of such proceeds. Provided that moneys are deposited on or before the redemption date, such notice shall be effective when given. If such proceeds are not
available on the redemption date, such bonds will continue to bear interest until paid at the same
rate they would have borne had they not been called for redemption. On presentation and
surrender of the bonds called for redemption at the place or places of payment, such bonds shall be paid and redeemed.
The full faith and credit of the County are irrevocably pledged for the payment of
principal of and premium, if any, and interest on this bond. Unless other funds are lawfully
available and appropriated for timely payment of this bond, the County Board of Supervisors
shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the County sufficient to pay when due the principal of and premium, if any, and interest on this
bond.
The Registrar shall treat the registered owner of this bond as the person exclusively
entitled to payment of principal of and premium, if any, and interest on the bond and the exercise of all rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the [first] [fifteenth] day of the month preceding
each interest payment date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the County, is within every debt and other
limit prescribed by the Constitution and statutes of the Commonwealth of Virginia.
A-4
IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia,
has caused this bond to be issued in the name of Isle of Wight County, to be signed by its
Chairman, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be
dated the date first above written.
COUNTERSIGNED:
_______________________________ (SEAL) ____________________________________
Clerk, Board of Supervisors of Chairman, Board of Supervisors of
Isle of Wight County, Virginia Isle of Wight County, Virginia
A-5
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
______________________________________________________________________________
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
_______________________________________________
: :
: :
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
_______________________________________________________________________,
Attorney, to transfer said bond on the books kept for the registration thereof, with full power of
substitution in the premises.
: :
Dated: ________________
Signature Guaranteed
___________________________________ _______________________________
NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner)
by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the
or Savings Association who is a member registered owner as it appears on the
of a medallion program approved by The front of this bond in every particular,
Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever.
ISSUE:
Resolution Authorizing School’s Categorical Transfer Request to
Address Benefit Pay-out for Administrative Personnel and Additional
Bus Fuel Expenses for the Remainder of the Fiscal Year
BACKGROUND:
In an effort to address current expense requirements, Schools request
the Board of Supervisors to consider the following:
• Transfer operating funds from the instruction ($58,000) and
technology ($22,000) categories in the amount of $80,000 to the
administration category for administration benefit pay-out; and,
• Transfer operating funds from the maintenance ($70,000)
category to the transportation category to cover fuel costs for the
remainder of the fiscal year.
BUDGETARY IMPACT:
This action is a transfer of funds within the current FY14-15 operating
budget for Schools.
RECOMMENDATION:
Adopt a resolution.
ATTACHMENTS:
- Resolution
- Schools March 30,2015 Correspondence
RESOLUTION TO AUTHORIZE SCHOOLS CATEGORICAL TRANSFER REQUEST TO ADDRESS BENEFIT PAY-OUT FOR ADMINISTRATIVE PERSONNEL AND ADDITIONAL BUS FUEL EXPENSES FOR THE REMAINDER OF THE FISCAL YEAR
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received and reviewed the Schools May 12, 2015 request for a categorical
transfer of funds; and,
WHEREAS, the Schools are requesting transfers of operating funds from the
Instruction ($58,000) and Technology ($22,000) categories in the amount of
$80,000 to the Administration category for administration benefit pay-out: and,
WHEREAS, the Schools are also requesting a transfer of operating funds from
the Maintenance category in the amount of $70,000 to the Transportation category
for additional bus fuel expenses for the remainder of the fiscal year.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of Isle of Wight County, Virginia authorizes the Schools
requests for the aforementioned categorical transfers.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized by the Board of Supervisors to make the appropriate
accounting adjustments in the budget and to do all things necessary to give this
resolution effect.
Adopted this 21st day of May, 2015.
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
Approved as to form:
__________________________________
Mark Popovich, County Attorney
ISSUE:
Staff Report – Newcomers Guide
BACKGROUND:
The Isle of Wight County Marketing Committee has recently
completed an Isle of Wight County Newcomers Guide for new
residents moving to the County and also serves as a handy
reference for current and long-time residents as well. The guide
will be available for download online and hard copies will be
available at selected locations throughout Isle of Wight County,
including the County Complex (Economic Development,
Administration, and Treasurer’s Office), Parks & Recreation
Department offices, the Visitor Center, the libraries, and at area
realty offices.
BUDGETARY IMPACT:
No budgetary impact. This document was researched, designed,
and executed by staff.
RECOMMENDATION:
Receive a presentation for informational purposes only.
ATTACHMENT:
The Isle of Wight County Newcomers Guide
Welcome to the Isle!
As a new resident, you may have some questions about the County and the many services available to
you. The following information is designed to help ease your transition into your new home and life
here in Isle of Wight. If you would like additional information about visiting or relocating to Isle of
Wight, please stop by our Visitor Center at 319 Main Street or give us a call
at 757.357.5182 or toll-free at 800.365.9339.
Stay Informed
ISLE OF WIGHT COUNTY WEBSITE: iwus.net
ISLE OF WIGHT COUNTY SOCIAL MEDIA: iwus.net/Social-Media
SIGN UP FOR “VOICES FROM THE ISLE” E-Newsletter:
VoicesFromTheIsle.com, voicesfromtheisle@isleofwightus.net
ISLE OF WIGHT COUNTY PARKS & RECREATION:
757.357.2291, iwus.net/parks-and-recreation
SMITHFIELD & ISLE OF WIGHT TOURISM:
757.357.5182, 1.800.365.9339, VisitSmithfieldVA.com
Education
ISLE OF WIGHT COUNTY SCHOOLS:
820 Main Street, Smithfield, VA 23430, 757.357.4393, iwcs.k12.va.us
ISLE OF WIGHT ACADEMY: (Private School)
1711 Courthouse Hwy., Isle of Wight, VA 23397, 757.357.3866, iwacademy.com
Taxes & Licenses
COMMISSIONER OF THE REVENUE:
757.365.6222, iwus.net/Commissioner-of-the-Revenue
TREASURER: 757.365.6219, iwus.net/Treasurer
STATE INCOME TAX:
The Commissioner of the Revenue prepares and audits State Income Tax Returns. You must have your completed
Federal Income Tax form and your W-2 in order to receive assistance. State Income Taxes are due by May 1st.
REAL ESTATE TAX:
The real estate tax in Isle of Wight County is assessed by the Commissioner of the Revenue and collected by the
Treasurer. The current real estate rate is 85 cents per $100 of the assessed value. Payments should be made to the
Treasurer’s Office in two installments due June 5th and December 5th.
PERSONAL PROPERTY TAX:
The personal property tax is assessed by the Commissioner of the Revenue and collected by the Treasurer. It includes
vehicles, motorcycles, motor homes, boats and trailers. The current personal property rate is $4.50 per $100 of the
assessed value. Payments should be made to the Treasurer’s Office in two installments
due June 5th and December 5th.
PET LICENSE:
If your pet is more than four months old, it must be vaccinated against rabies and be
licensed with the County. This is required by Virginia Law and the Isle of Wight
County Code. Pet licenses are available through the Treasurer’s Office and must be
renewed annually by February 1st.
Courts
CIRCUIT COURT: 757.365.6233, iwus.net/clerk-of-the-circuit-court
GENERAL DISTRICT COURT:
757.365.6243, iwus.net/general-district-court
JUVENILE & DOMESTIC RELATIONS COURT:
757.365.6237, iwus.net/juvenile-and-domestic-relations-court
IWUS.net 757.357.3191
MAY2015
Support Services
ANIMAL SERVICES: 757.365.6318, iwus.net/animal-services
DEPARTMENT OF SOCIAL SERVICES: 757.365.0880, iwus.net/social-services
HEALTH DEPARTMENT: 757.357.4177, vdh.state.va.us
VOTER REGISTRATION: 757.365.6230, iwus.net/Voter-Registration
LIBRARIES: Blackwater Regional Library System, BlackwaterLib.org Carrollton Branch, 14362 New Towne Haven Lane, 757.238.2641 Smithfield Branch, 255 James Street, 757.357.2264 Windsor Branch, 18 Duke Street, 757.242.3046
NEWSPAPERS:
Daily Press (Newport News), 757.247.4600, DailyPresss.com Smithfield Times (Smithfield), 757.357.3288, SmithfieldTimes.com
Suffolk News-Herald 757.539.3437, SuffolkNewsHerald.com Tidewater News, (Franklin), 757.562.3187, TidewaterNews.com
Virginian-Pilot (Norfolk), 757.446.9000, PilotOnline.com
PARKS & RECREATION: 757.357.2291, iwus.net/parks-and-recreation
Utilities
CABLE & SATELLITE TELEVISION: Charter Communications, 888.438.2427, Charter.com
Direct TV, 877.966.2973, Directv.com Dish Network, 877.647.7793, Dish.com
INTERNET PROVIDERS:
Charter Communications, 888.438.2427, Charter.com DSL, 877.665.0730, FIOS.verizon.com
HughesNet (Satellite), 866.946.2741, HughesNet.com FIOS, 800.837.4966, FIOS.verizon.com
WIRELESS BROADBAND PROVIDERS:
AT&T, 888.333.6651, ATT.com Sprint, 866.866.7509, Sprint.com
Verizon Wireless, 800.256.4646, verizonwireless.com T-Mobile, 877.353.3615, T-Mobile.com
ELECTRICITY: Community Electric Cooperative, 757.242.6181, ComElec.coop Dominion Virginia Power, 888.366.4357, Dom.com
NATURAL GAS:
Columbia Gas of Virginia, 800.543.8911, ColumbiaGasVA.com Virginia Natural Gas, 866.229.3578, VirginiaNaturalGas.com
RECYCLING: Single-Stream Recycling Program, 757.365.6298, iwus.net/Solid-Waste/Recycling-Program
SOLID WASTE DISPOSAL: Solid Waste Division, Isle of Wight, 757.365.9572, iwus.net/Solid-Waste
TELEPHONE: Verizon, 800.483.4400, Verizon.com
TRASH COLLECTION: Bay Disposal, 757.857.9700,
WASTEWATER TREATMENT: Hampton Roads Sanitation District (HRSD), 757.460.2261, HRSD.com
WATER/SEWER: Public Utilities Division, Isle of Wight County, 757.365.6284, iwus.net/Public-Utilities
Town of Smithfield Water Department, 757.365.4254 Town of Windsor Water Department, 757.242.4288
Who do I call if...
I need to change my voter registration and/or find my local polling precint? Voter Registrar, 757.365.6230
I need a special garbage pickup? Bay Disposal, 757.857.9700
My neighbor’s dog just won’t stop barking? Animal Control, 757.233.1055
I want to report a pothole? Virginia Department of Transporation (VDOT), 1-800-FOR-ROAD
I want to report clogged storm drains? General Services Department, 757.365.1662
I need to contact the sheriff for a non-emergency? Sheriff’s Office, 757.357.2151
I need to contact the Emergency Services - Fire & Rescue Response for a non-emergency?
Emergency Services Department, 757.365.6308
I need information about building permits and/or inspections? Building Inspections, 757.365.6215
ISLE OF WIGHT COUNTY • MAY 2015
IWUS.net 757.357.3191
ISLE OF WIGHT COUNTY • MAY 2015
IWUS.net 757.357.3191
CLIP & DISPLAY
EMERGENCY SERVICES - FIRE & RESCUE RESPONSE & SHERIFF’S OFFICE: 911
SIGN UP FOR IW•ALERT:
Receive instant alerts on severe and unexpected incidents and weather.
757.365.6308, IWAlert.net.
EMERGENCY SERVICES: 757.365.6308
ANIMAL SERVICES DIVISION: 757.365.6318
PUBLIC UTILITIES: 757.365.6284
EMERGENCIES
Elected Officials andConstitutional Officers
BOARD OF SUPERVISORS Rex Alphin (Chairman), Carrsville Delores C. Darden (Vice-Chair), Windsor Rudolph Jefferson, Hardy Byron B. Bailey, Newport Al Casteen, Smithfield
CLERK OF THE CIRCUIT COURT Sharon N. Jones
COMMISSIONER OF REVENUE Gerald H. Gwaltney
COMMONWEALTH’S ATTORNEY Georgette C. Phillips
SHERIFF Mark A. Marshall
TREASURER Judith C. Wells
Contact information at: iwus.net
SCHOOL BOARD MEMBERS Denise Tynes (Chair), Smithfield Julia Perkins (Vice-Chair), Windsor Robert Eley, Carrsville Alvin Wilson, Hardy Ed Easter, Newport Contact information at: iwcs.k12.va.us
SMITHFIELD TOWN COUNCIL T. Carter Williams (Mayor) Andrew C. Gregory (Vice Mayor) Connie Chapman Michael G. Smith Milton Cook Denise N. Tynes Randy Pack Contact information at: smithfieldva.gov
WINDSOR TOWN COUNCIL Carita J. Richardson (Mayor) Durwood V. Scott J. Clinton Bryant Greg Willis N. Macon Edwards, III Patty Flemming Tony Ambrose Contact information at: windsor-va.gov
Animal Shelter
Convenience Centers
Courthouse Complex
Fire & Rescue
Libraries
Parks & Recreation Facilities
Police Station
Schools
Visitor Center
Carrsville
Hardy
Newport
Smithfield
Windsor
ELECTION DISTRICTS
Town of Smithfield
Town of Windsor
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April 6, 2015/rmc/Directional Farm Signage Program
ISSUE:
Motion to Approve the Directional Farm Signage Program
BACKGROUND:
Economic Development, in partnership with the departments of
Planning & Zoning and Tourism, has worked to create a directional
signage program to promote agribusiness and agritourism in the
County.
The Directional Farm Signage Program is designed to promote Isle of
Wight County’s agricultural economy and agritourism by allowing
direct marketers of agricultural products to install off-site farm
identification/directional signage. This signage would be strictly for the
purpose of directing customers to the farms where agritourism
opportunities exist, including but not limited to: school farm tours,
pick-your-own operations, farm markets, farm stands, etc. In order to
be eligible for the Program, the farms must currently be listed in the
Visit the Farms brochure.
BUDGETARY IMPACT: None
RECOMMENDATION:
Adopt a motion to approve the program concept and authorize staff to
implement ordinance changes as necessary.
ATTACHMENT:
Directional Farm Signage Program Description
Rachel Chieppa, Directional Farm Signage Program 4/3/2015
Directional Farm Signage Program
ABOUT THE PROGRAM:
The Directional Farm Signage Program is designed to promote Isle of Wight County’s
agricultural economy and agritourism by allowing direct marketers of agricultural products to
install off-site farm identification/directional signage. This signage would be strictly for the
purpose of directing customers to the farms where agritourism opportunities exist, including
but not limited to: school farm tours, pick-your-own operations, farm markets, farm stands, etc.
In order to be eligible for the Program, the farms must currently be listed in the Visit the Farms
brochure.
WHY NEEDED:
Oftentimes, direct marketing agribusinesses are not located on a primary roadway and are not
visible to drive-by/pass-through traffic; therefore, many opportunities are missed for impulse
purchases. These businesses are located in rural areas of the county with limited landmarks and
street signals to direct customers. This lack of visibility serves as a hindrance to those
agribusinesses causing lower sales and un-captured drive-by traffic. Instead, these direct
marketers must rely solely on destination traffic.
HOW THE PROGRAM WORKS:
Agritourism and direct marketing activities are defined in the zoning ordinance. Farm
businesses must apply to the County for a zoning permit indicating where their signs will be
placed. Each sign will be approved and permitted individually. All signage must be placed
outside of the dedicated VDOT Right-of-Way, and it is the responsibility of the business to
obtain a notarized letter of authorization from the property owner where the signs are to be
located. This documentation must be presented at the time the permit is applied for. A
maximum of one sign will be allowed at each intersection on a first-come first-served basis.
Businesses may and are encouraged to co-locate on one signage façade. Signage is double sided
where appropriate.
The sign will be uniform in design with an arrow indicating direction, distance to destination,
and farm business name. The county will charge approximately $300 for the sign permit as well
as $35 for a zoning permit. The sign permit fee will include a 3’ x 4’ double sided sign and two
Rachel Chieppa, Directional Farm Signage Program 4/3/2015
posts. Planning and Zoning staff will coordinate the ordering of the sign from a selected vendor.
County staff will coordinate installation of signage.
Businesses will be required to renew their permits every five years and pay a $35 renewal fee.
Signage will be inspected on a regular basis by County staff. Should any maintenance or
replacement be required, the farm business will be responsible for those costs.
Farms must demonstrate at least one of the following criteria to qualify for the program:
• Business is open to the public a minimum of two days per week for agritourism
purposes,
• Offers pick-your-own options,
• Farm tours,
• Farm informational items to visitors,
• Operates a farm market or farm stand,
• Or other qualified direct marketing activity;
AND
• Farm business must be listed in the Visit the Farms brochure.
SIGNAGE REQUIREMENTS:
All signage structures must comply with the following parameters, contained in Section IX
“Signs” of the Isle of Wight County Zoning Ordinance and will be printed using a pre-designed
template for uniformity:
1. Signs will be installed using double posts with the exception of vertical orientation.
2. The maximum height of sign to be no taller than eight feet.
3. Façade of sign to be no larger than 12 square feet.
4. Sign must include farm business name, directional arrow and distance to destination.
5. Sign façade will be standard designed by county staff.
6. Farm businesses will be encouraged to co-locate wherever feasible.
7. If shared signage is requested by more than one business owner, the maximum façade
size permitted is 12 square feet.
8. Signs must be setback 5 feet from the edge of the right-of-way.
BENEFITS FOR COUNTY:
1. No administration costs of the program other than issuing zoning/signage permit and
coordinating the printing of the signage.
2. Promoting rural economic development and growth in the county.
3. Maintaining rural character.
4. Maintaining consistent branding and quality control.
5. Meeting farm business owners’ needs while controlling sign clutter.
Rachel Chieppa, Directional Farm Signage Program 4/3/2015
Qtrly Financial Report 1st Qtr FY15/MT/ B & F
ISSUE:
Staff Report – Quarterly Financial Report for 3rd Quarter of FY2015
BACKGROUND:
Staff has compiled information relative to the County’s financial
performance for the 3rd 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.
ATTACHMENT:
Quarterly Financial Report
ISSUE:
Resolution – Personnel Policy Amendments of the Equal
Employment Opportunity Policy, Workplace Harassment Policy,
and Violence in the Workplace Policy
BACKGROUND:
Chapter 1: Personnel, Article I, Sections 1.2 and 1.6, Article XI,
Section 11.5, and Article XII, Sections 12.0-12.3 needs to be
amended to bring the following County policies and objectives
up to date: Equal Employment Opportunity Policy, specific
objectives of the County’s Personnel Management System, the
Non-Discrimination and Anti-Harassment Policy, and the
Violence in the Workplace Policy. The policy amendments are
necessary to enhance employee guidance with policies and
procedures.
BUDGETARY IMPACT:
There is no budgetary impact of these amendments.
RECOMMENDATION:
Adopt a resolution to amend Chapter 1: Personnel, Article I,
Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII,
Sections 12.0-12.3 of the County Policy Manual
ATTACHMENT:
Resolution
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE I,
SECTIONS 1.2 AND 1.6, ARTICLE XI, SECTION 11.5, AND ARTICLE
XII, SECTIONS 12.0-12.3 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established an Equal Employment
Opportunity Policy, along with specific objectives of the County’s Personnel
Management System, a Non-Discrimination and Anti-Harassment Policy, and
a Violence in the Workplace Policy under Chapter 1: Personnel, Article I,
Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-
12.3 of the County Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and
Article XII, Sections 12.0-12.3 of the County Policy Manual to clarify the
provisions, guidelines, rules and procedures of the Equal Employment
Opportunity Policy, objectives of the County’s Personnel Management
System, the Non-Discrimination and Anti-Harassment Policy, and the
Violence in the Workplace Policy; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII,
Sections 12.0-12.3 of the County Policy Manual is hereby amended as
follows:
Chapter 1: Personnel
ARTICLE I
General Provisions (Revised December 15, 2005, Revised May 21, 2015)
Section 1.2
(Revised December 15, 2005, Revised May 21, 2015)
Equal Employment Opportunity Policy
Isle of Wight County shall provide maintains and promotes equal employment opportunity in all
phases of employment and personnel administration in accordance with State and Federal laws, executive orders and regulations. No officer or employee of the County shall discriminate against any employee or applicant for employment with regard to recruitment, application, appointment,
assignment, performance evaluation, training, working conditions, promotion, demotion,
discipline, lay-off, discharge, retirement, or any other aspect of employment on the basis of race,
color, sex, creed, religion, national origin, age, or disability, marital status, veteran status, genetic
information, sexual orientation, or other non-job related characteristic protected by applicable law.
Americans With Disabilities Act (ADA) and Americans with Disabilities
Amendments Act (ADAAA) Provisions
It is the policy of Isle of Wight County to comply with the Americans with Disabilities Act
(ADA) and the Americans with Disabilities Amendments Act (ADAAA) prohibiting
discrimination against applicants and employees with disabilities and, when needed, to provide
reasonable accommodations to applicants and employees who are qualified for a job, with or
without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Isle of Wight County to comply with all federal and state laws
concerning the employment of persons with disabilities and to act in accordance with regulations
and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore,
it is the policy of Isle of Wight County to prohibit discrimination against qualified individuals
with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Employees and
applicants with disabilities requesting reasonable accommodations to perform essential job
functions should request such through the Human Resources Department.
No officer or employee of the County shall retaliate against any employee with regard to recruitment, application, appointment, assignment, performance evaluation, training, working
conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of
employment because the employee has used or has participated in the County's grievance
procedure, has complied with any law of the United States, or of the Commonwealth of Virginia,
or has reported any violation of such law to a governmental authority, or has sought any change in law before the Congress of the United States or the General Assembly, or has reported an
incidence of fraud, abuse, or gross mismanagement to the Board of Supervisors, the County
Administrator, the County Attorney, or other governmental authority.
Section 1.6 (Revised May 21, 2015)
Objectives and Scope The specific objectives of the County's Personnel Management System are:
a. to establish and maintain a sound classification and compensation plan which will attract
and retain qualified employees b. to assure fair treatment of applicants and employees in all aspects of personnel
management without regard to race, color, creed, religion, age, national origin or
ancestry, sex, physical handicap or disability or political affiliation, marital status,
veteran status, genetic information, sexual orientation, or other non-job related
characteristic protected by applicable law
c. to maintain the compensation plan in a proper relationship with competitive pay practices in the labor market in which the County competes
d. to assure each County employee a performance review at specified intervals
e. to provide effective control of salary payments on a uniform basis
f. to furnish County management with a consistent and effective means of recognizing
improved and outstanding performance
g. to recruit, screen, select and advance employees on the basis of their ability, knowledge,
and skills
h. to determine training needs to insure ensure quality performance and to enable employees
to realize their maximum potential.
ARTICLE XI
Miscellaneous Policies and Regulations
(Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006, Revised September 4, 2008, Revised May 21, 2015)
Section 11.5
(Revised April 7, 2005, Revised May 21, 2015)
Non-Discrimination and Anti-Harassment Policy
Isle of Wight County is committed to providing a work environment in which all individuals are
treated with respect and dignity. Each individual has the right to work in a professional
atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, Isle of Wight County expects that all relationships
among persons in the workplace will be business-like and free of bias, prejudice, and
harassment.
This policy applies to all persons working for and with Isle of Wight County, regardless of employment status.
Equal Employment Opportunity
It is the policy of Isle of Wight County to be an equal opportunity employer, to maintain a diverse workforce, and to create and maintain a working environment free from discrimination
and harassment. Any form of unlawful discrimination, including harassment based on ensure
equal employment opportunity without discrimination or harassment on the basis of race, color,
national origin, religion, sex, age, disability, marital status, veteran status, genetic information,
sexual orientation, or other non-job related or any other characteristic protected by applicable
law is strictly prohibited. Any employee found to have engaged in illegal discrimination or
harassment in the course of his/her employment will be subject to appropriate disciplinary action, up to and including termination of employment. Isle of Wight County prohibits and will not
tolerate any such discrimination or harassment.
Definitions Types of Harassment
Sexual Harassment - constitutes is a form of discrimination and is illegal under federal, state and
local laws. For the purposes of this policy, sexual harassment is defined, consistent with the
Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example:
1. Accepting or tolerating Submission to such conduct is made explicitly or
implicitly a term or condition of an individual's employment; or
2. Accepting or rejecting such conduct by an individual is used as a basis for
employment decisions affecting that individual an applicant or employee; and/or
3. Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance, or creating an intimidating, hostile or offensive work environment.
Sexual harassment may include a range of subtle and not so subtle behaviors and may involve
individuals of the same or different gender. Depending on the circumstances, these behaviors
may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene
comments or gestures; display or circulation in the workplace of sexually suggestive objects or
pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual
nature. Sex-based harassment, harassment not involving sexual activity or language (i.e., male manager yells only at female employees and not males), may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex.
Workplace Harassment – includes any unwelcome verbal/physical conduct or written
communication that either denigrates or shows hostility or aversion towards a person on the basis of race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic
information, sexual orientation, or other non-job related characteristic protected by applicable
law that:
Has the purpose or effect of creating an intimidating, hostile or offensive
working environment; or
Has the purpose or effect of unreasonably interfering with an employee’s
work performance; or
Affects an employee’s employment opportunities or compensation.
Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping;
threatening, intimidating or hostile acts; denigrating jokes and the display or circulation in the
workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail).
on the basis of any other protected characteristic is also strictly prohibited. Under this policy,
harassment is verbal or physical conduct that denigrates or shows hostility or aversion to an individual because of his/her race, color, religion, national origin, age, disability, or any other
characteristic protected by law or that of his/her relatives, friends or associates, and that:
• has the purpose or effect of creating an intimidating, hostile or offensive work environment;
• has the purpose or effect of unreasonably interfering with an individual’s work
performance; or
• otherwise adversely affects an individual’s employment opportunities.
Individuals and Conduct Covered
These This policies policy apply applies to all applicants and employees, and prohibits
harassment, discrimination and retaliation whether engaged in by fellow employees, by a
supervisor or manager, or by someone not directly connected to Isle of Wight County (i.e., an
outside vendor, consultant, or citizen).
Conduct prohibited by these this policies policy is unacceptable in the workplace and in any
work-related setting, such as during business trips, business meetings and business-related social
events.
Retaliation is Prohibited
Isle of Wight County expressly prohibits retaliation against any individual who reports
discrimination or harassment or participates in an investigation of such reports. However, this
policy does not grant license for employees to engage in the unfounded or vindictive accusation of others. Retaliation against an individual for reporting harassment or discrimination or for
participating in an investigation of a claim of harassment or discrimination is a serious violation
of this policy and, like harassment or discrimination itself, will be subject to disciplinary action.
Employee Responsibilities
Each employee of the County is responsible for engaging in and promoting workplace behaviors
that create and maintain an environment of respect and promote effective teamwork. Employees are also responsible for reporting behaviors that damage the environment. Employees who
experience harassment are encouraged to make it clear to the offender, at the time of the
occurrence, that such behavior is offensive. Any employee who believes that he or she is being
harassed is urged to contact the Director of Human Resources immediately.
Management Responsibilities
Managers and supervisors have a greater responsibility, not only to model respectful,
professional conduct at the workplace, but also to maintain an environment of respect and
effective teamwork in their work areas. Managers and supervisors shall:
Ensure his/her employees are aware of the County’s Non-Discrimination and
Anti-Harassment Policy and emphasize that harassment will not be tolerated and
may result in disciplinary action, up to and including termination; and
Create and maintain a workplace that is free from harassment; and
Monitor the work environment for signs that harassment may be occurring; and
Counsel employees on the procedures for reporting and resolving complaints of
harassment; and
Refrain from participating in or encouraging actions that could be perceived as
harassment.
Managers and supervisors who observe or are made aware of harassment or discrimination
taking place in the workplace are required to report the harassment to the Director of Human
Resources immediately. All allegations of harassment and discrimination will be investigated by
the Human Resources Department as expeditiously as possible. Managers and supervisors who allow harassment or discrimination to continue or fail to take appropriate corrective action upon
becoming aware of the harassment or discrimination shall be considered a party to the
harassment, even though they may not have engaged in the actual behavior, and shall be subject
to disciplinary action. Any questions regarding the County’s Non-Discrimination and Anti-
Harassment Policy that a manager or supervisor is unable to answer should be referred to the Director of Human Resources.
Complaint Procedure
Isle of Wight County requires the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender’s identity or position. Individuals who believe they have
experienced conduct that they believe is contrary to this policy or who have concerns about such
matters should make their complaints with the Director of Human Resources, or in cases of
his/her absence, the Assistant County Administrator, County Administrator, County Attorney, or
their supervisor before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter
to the attention of the Director of Human Resources or in cases of his/her absence, one of the
other county designated representatives identified above. The Department of Human Resources
is responsible for the official investigation of all complaints of discrimination/harassment.
Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Therefore, while no fixed reporting period has been established, Isle of Wight County strongly urges the prompt reporting of complaints or concerns
so that rapid and constructive action can be taken. Isle of Wight County will make every effort to
stop alleged harassment before it becomes severe or pervasive, but can only do so with the
cooperation of its employees. Employees who experience harassment are encouraged to make it clear to the offender, at the
time of the occurrence, that such behavior is offensive. If the situation cannot be resolved by the
employee or if the offensive behavior is repeated, the employee may make a complaint.
Employees should report incidents of harassment as soon as possible after the incident occurs. Other avenues to filing a complaint include the County’s Grievance Procedure to remedy
complaints of discrimination in any employment practice based on the employee’s race, color,
national origin, religion, sex, age, disability, marital status, veteran status, genetic information,
sexual orientation, or other non-job related characteristic protected by applicable law. The
eligible employee should contact the Human Resources Department for the Grievance Procedure.
The availability of this complaint procedure does not preclude individuals who believe they are
being subjected to harassing conduct from promptly advising the offender that his or her
behavior is unwelcome and requesting that it be discontinued.
Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment
must promptly advise the County Administrator or his/her designee.
Managers and supervisors who allow sexual harassment to continue or who fail to respond
accordingly to allegations of such harassment will be subject to disciplinary action, up to and including termination of employment.
The Investigation
Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with
the parties involved and, where necessary, with individuals who may have observed the alleged
conduct or may have other relevant knowledge.
Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.
Responsive Action
Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and appropriately. Responsive action may include, for example, training, referral to counseling,
monitoring of the offender, and/or disciplinary action such as warning, reprimand, reassignment,
temporary suspension without pay, or termination, as the County believes is appropriate under
the circumstances. The unwelcomeness, frequency, severity of the behavior, statutes, and the
County’s Policy determine whether harassment has occurred.
Finally, these policies may not be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-
related social activities or discussions in order to avoid allegations of harassment. The law and
the policies of Isle of Wight County prohibit disparate treatment on the basis of sex or any other
protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.
Article XII
Violence in the Workplace (Adopted November 4, 2004, Revised October 4, 2007, Revised May 21, 2015)
Section 12.0
(Revised October 4, 2007, Revised May 21, 2015)
Violence in the Workplace
Purpose
The County of Isle of Wight desires to provide a safe environment for County employees, volunteers, individuals providing temporary services, and citizens who conduct business on County property. The County maintains a zero tolerance policy towards workplace violence and
threatening behavior. Employees violating this policy will be subject to disciplinary action, up to
and including, involuntary termination.
The County has developed this policy to help reduce the risk of violence by establishing a
standard procedure for dealing with threatening and/or violent situations in the workplace. When
a threat has been reported or management determines that a potential for violence exists,
management may require an employee to undergo an assessment to determine the risk of danger.
The Employee Assistance Program (EAP) may assist the County by facilitating a referral to an appropriate resource for this assessment.
Section 12.1
(Revised October 4, 2007, Revised May 21, 2015)
Prohibited Conduct
The following acts and behaviors are examples of prohibited conduct. This list is intended to
serve as a representative sampling of the kinds of actions the County will consider improper,
which means it does not contain all of the possible actions that would be deemed inappropriate under this policy.
a. Physical assault. This includes, but is not limited to, any unwanted or hostile physical
contact with another person such as hitting, fighting, pushing, shoving, or intentionally
throwing objects at or towards another person.
b. Threatening to physically assault or harm an individual in any way. A threat is improper
regardless of whether the person communicating the threat has the present ability to carry
it out and regardless of whether the threat is contingent, conditional, or future.
Additionally, a threat is not permissible even if it is expressed in veiled terms. Conduct
that constitutes a threat is prohibited regardless of whether it is communicated verbally, in writing, or electronically (such as by e-mail). In addition, a threat is impermissible
whether it is communicated directly to the intended victim or communicated in an
indirect way (such as to a third party).
c. Harassment. This includes, but is not limited to, showing an obsessive interest in another person to the extent a reasonable person would find the behavior frightening or
intimidating under all of the circumstances. A few examples of prohibited conduct are
stalking and repeated unwanted verbal and/or written references to a grudge or to a
romantic interest.
d. Intentionally destroying or damaging property owned by the County, or others.
e. Possessing weapons, including guns, knives, etc. during work hours without authorization
from the County Administrator. Even if the employee has obtained a concealed weapons
permit from the Commonwealth of Virginia, County employees are prohibited from carrying guns on County property unless required to do so by their position.
f. Engaging in behavior that creates a reasonable fear of injury in another person.
g. Committing injurious acts motivated by, or related to, domestic violence or sexual
harassment.
h. Retaliating against any employee who, in good faith, reports a violation of this policy.
The County does not condone acts or behaviors that were supposedly only a joke or not meant to
be taken seriously. Any threat or act of violence will be treated as though the instigator was serious. In addition, any conduct that has the purpose of causing psychological harm and/or inducing fear will be treated the same as conduct that has the purpose of causing physical harm.
Section 12.2 (Revised October 4, 2007, Revised May 21, 2015)
Procedure: Employee Responsibilities In Cases Of Threats Or Violence and Reporting of Convictions of Crimes Against a Person
Employees who believe they are being, or have been, subjected to an act or behavior that violates this policy should immediately report the incident to their supervisor. If the supervisor is the party who is engaging in the improper conduct, employees should report the incident to their
department director or to the Director of Human Resources (or a designee).
If employees are in a situation that constitutes an emergency, they should immediately contact the Sheriff’s Office by dialing 911. To the extent possible, employees should inform their supervisor of the incident at the time it is occurring or to other appropriate parties mentioned
above if the supervisor is the perpetrator. In non-emergency situations, if the employee, or the
employee’s supervisor, believes the questionable conduct may constitute a criminal offense, the
employee or the supervisor should contact the Sheriff’s Office within a reasonable time to report the matter and to determine if the Sheriff will conduct a criminal investigation.
An employee who reports information in good faith in accordance with this policy will not be
subject to retaliation by the County (including discipline) solely for making the report. Within
its ability to do so under all of the circumstances and considering its resources, the County will take reasonable steps to provide safeguards in the workplace if an employee has legitimate, ongoing concerns about potential violence from another individual. Therefore, employees who
have obtained a protective order from a court should make their supervisor aware of the
existence of the order.
Any employee who is convicted of any “crime against the person” as defined in Title 18.2,
Chapter 4 of the Code of Virginia, 1950 as amended, shall report the conviction to his or her
immediate supervisor within 24 hours of notification of the conviction, or no later than the start
of the next business day. The obligation exists regardless of the state in which the employee was
convicted. The supervisor shall immediately contact Human Resources for a determination regarding whether the on-duty or off-duty conduct has an adverse impact on the employee’s
ability to perform their assigned duties and responsibilities. Failure to report a conviction or the
conviction itself may be grounds for the employee’s disciplinary action, up to and including,
termination.
Section 12.3 (Revised October 4, 2007, Revised May 21, 2015)
Procedure: Management Responsibilities In Cases Of Threats Or Violence
If supervisors receive information that one of their employees may have or is engaged in conduct
that would be a violation of this policy, information should be gathered and documented and the
supervisor shall immediately contact the Human Resources Department. The supervisor should
take the necessary steps to obtain information about the situation, including interviewing
individuals who may have knowledge about the conduct. Supervisors should document the steps they took in their review and the results of the review. The supervisor must make the
Department of Human Resources aware of any matter that involves a violation or a potential
violation of this policy.
After completing their review of a situation, if the Human Resources Department and supervisors determine that an employee has violated this policy, they should recommend appropriate disciplinary action, up to and including dismissal. For other violators of this policy (including
volunteers; individuals providing temporary services through an outside agency; and citizens),
appropriate action should be taken, taking into account all of the circumstances. In a case that
involves a threat of violence, the supervisor should take reasonable steps that may be necessary to provide appropriate safeguards in the workplace.
If supervisors receive a complaint or become aware of a situation that involves an employee
from another department or a non-employee, they should notify the Director of Human
Resources so appropriate action can be taken.
If supervisors receive a complaint or become aware of a situation that involves a non-employee,
they should initiate an investigation in conjunction with other appropriate County departments
and offices and take appropriate action at the conclusion of the investigation.
If supervisors become aware of a situation that constitutes an emergency, they should
immediately contact the Sheriff’s Office at 911, followed by the County Administrator, then the
Director of Human Resources. In non-emergency situations, if the employee, or the employee’s
supervisor, believes the questionable conduct constitutes a criminal offense, the employee or the
supervisor should contact the Sheriff’s Office within a reasonable time to report the matter and to determine if the Sheriff will conduct a criminal investigation. If the Sheriff’s Office becomes involved in a criminal investigation, supervisors will cooperate with the Sheriff’s investigation.
Adopted this 21st day of May, 2015.
Rex. W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
ISSUE:
Motion to Continue the Meeting to June 3, 2015
BACKGROUND:
As a follow up to the sessions recently at The Smithfield Center to
receive public input relative to ISLE 2040, staff is recommending a
joint work session with the Board of Supervisors and the Planning
Commission to be held at 6:00 p.m. on June 3, 2015 to discuss the
public input and next steps.
Dr. Michael Chandler will be in attendance and will facilitate the
discussion relative to ISLE 2040.
RECOMMENDATION:
Adopt a motion to continue the meeting to June 3, 2015 at 6:00 p.m.
ATTACHMENTS:
None
ISSUE:
Matters for the Board’s Information
BACKGROUND:
The matters attached to this Board report are included as a 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 April 2015; Cash
Position and Statement of the Treasurer’s Accountability
2. Isle of Wight County Monthly Fire/EMS Call Summary and Other
Statistics FY 2014/2015
3. Isle of Wight Sheriff’s Monthly Activity Report/April 2015
4. Isle of Wight Website Statistics/April 2015
5. Solid Waste Division Litter Pickup
6. COMCAST
7. County Awarded Excellence in Financial Reporting by GFOA
8. WTWA Presentation from April Board of Supervisors’ Meeting
9. VDOT Route 460 Status Update
TAX YEAR TAX LEVY SUPPLEMENTS PUBLIC SERVICE
ADJUSTMENTS &
ABATEMENTS TOTAL TAX LEVIES
prior 2009 $ 45,023,862.40
2009-2010 22,935,645.20$ 147,245.72$ 1,120,980.11$ (481,545.08)$ 23,722,325.95$
2010-2011 22,125,331.80$ 102,656.15$ 1,238,933.38$ (543,437.05)$ 22,923,484.28$
2011-2012 27,790,010.30$ 97,630.01$ 811,545.32$ (397,597.60)$ 28,301,588.03$
2012-2013 26,525,116.80$ 176,705.49$ 915,993.22$ (497,153.20)$ 27,120,662.31$
2013-2014 30,047,697.17$ 164,212.78$ 1,034,152.63$ (487,910.52)$ 30,758,152.06$
2014-2015 17,636,251.11$ 58,472.29$ 1,227,910.28$ (269,659.79)$ 18,652,973.89$
Note
June 2015 Billed RE $ 17,475,477.29payments received towards June 2015 $962,726.99
TAX YEAR TAX LEVY SUPPLEMENTS PUBLIC SERVICE
ADJUSTMENTS &
ABATEMENTS TOTAL TAX LEVIES
prior 2008 $ 88,671,261.50
2009 14,179,475.18$ 380,921.58$ 27,190.60$ (602,696.41)$ 13,984,890.95$
LIC. FEE 612,284.00$ 54,644.00$ (122,818.33)$ 544,109.67$
2010 14,477,918.03$ 497,127.97$ 29,952.42$ (641,109.16)$ 14,363,889.26$
LIC. FEE 602,496.00$ 59,434.00$ (34,879.81)$ 627,050.19$
2011 9,331,238.47$ 439,311.19$ 30,643.10$ (559,476.08)$ 9,241,716.68$
LIC. FEE 609,590.00$ 40,268.00$ (17,883.10)$ 631,974.90$
2012 11,332,597.54$ 832,437.56$ 30,972.53$ (896,020.78)$ 11,299,986.85$
LIC. FEE 622,868.00$ 40,934.00$ (26,382.62)$ 637,419.38$
2013 13,130,414.21$ 448,615.17$ 35,767.54$ (1,115,895.08)$ 12,498,901.84$
LIC. FEE 944,288.00$ 49,300.00$ -$ (39,358.45)$ 954,229.55$
2014 13,263,208.40$ 375,871.55$ 36,474.99$ (500,561.52)$ 13,174,993.42$
LIC. FEE 1,052,654.00$ 52,041.00$ -$ (37,851.00)$ 1,066,844.00$
Note TO
June 2015 Billed PP $ 4,625,711.03 payments received towards June 2015 $485,672.98
TAX LEVIES & COLLECTIONS AS OF
REAL ESTATE
DELINQUE
PERSONAL PROPERTY
DELINQUENT P
TAX COLLECTED TAX OUTSTDG.% COLLECTED % UNC.
45,022,753.40$ $ 1,109.00 100.00%0.00%
23,720,736.00$ 1,589.95$ 99.99%0.01%
22,918,173.25$ 5,311.03$ 99.98%0.02%
28,287,000.51$ 14,587.52$ 99.95%0.05%
27,083,575.73$ 37,086.58$ 99.86%0.14%
30,564,351.83$ 193,800.23$ 99.37%0.63%
18,356,892.70$ 296,081.19$ 98.41%1.59%
$549,565.50 99.72%0.31%
TAX COLLECTED TAX OUTSTDG.% COLLECTED % UNC.
88,650,237.63$ $ 21,023.87 99.98%0.02%
13,966,878.43$ 18,012.52$ 99.87%0.13%
537,758.05$ 6,351.62$ 98.83%1.17%
14,331,788.90$ 32,100.36$ 99.78%0.22%
616,240.79$ 10,809.40$ 98.28%1.72%
9,192,047.16$ 49,669.52$ 99.46%0.54%
620,069.78$ 11,905.12$ 98.12%1.88%
11,234,610.90$ 65,375.95$ 99.42%0.58%
622,730.90$ 14,688.48$ 97.70%2.30%
12,373,673.85$ 125,227.99$ 99.00%1.00%
917,019.32$ 37,210.23$ 96.10%3.90%
12,689,784.67$ 485,208.75$ 96.32%3.68%
906,954.14$ 159,889.86$ 85.01%14.99%
$1,037,473.67 99.38%0.62%
OTAL DELINQUENT=$1,587,039.17 99.56%0.44%
APRIL 2015
ENT REAL ESTATE =
PERSONAL PROP. =
COUNTY OF ISLE OF WIGHT
STATEMENT OF THE TREASURER'S ACCOUNTABILITY
March 2015
Institution Instrument Rate Term Maturity Balance
Cash
Petty Cash $2,214.47
SUB TOTAL $2,214.47
Checking Accounts
Bank of America General Fund Checking $387,271.16
Bank of America School General Fund Checking $3,260,997.20
Bank of America DSS General Fund Checking $1,800,032.86
Bank of America County Payroll Account $0.00
Bank of America School Payroll Account $480.67
Bank of America DSS Payroll Account $0.00
SUB TOTAL $5,448,781.89
Investments
Bank of America Emergency Fund Checking 0.20%$2,550.56
Bank of America Investment Fund 0.20%$16,419,804.89
LGIP General Fund Investment 0.10%$2,575,166.37
SUB TOTAL $18,997,521.82
Restricted Funds
Bank of America School Escrow Fund 0.20%$0.00
Bank of America General Recoupment Funds 0.20%$13,244.55
Bank of America Benn's Church Funds 0.20%$22,114.53
Bank of America Special Welfare Funds 0.20%$0.00
Bank of America Special Welfare Donated Funds 0.20%$13,487.68
Bank of America Special Welfare Child Support 0.20%$4.95
Bank of America School's Camp Foundation 0.20%$24,417.57
Bank of America School Food Service Funds 0.20%$821,202.78
BNY Mellon Pace Funds $2,264,648.24
SUB TOTAL $3,159,120.30
Bond Proceeds--Invested in SNAP
2010B Bond $1,077,672.95
2010B Bond Interest 0.14%$33,210.93
2010C Bond $463,360.28
2010C Bond Interest 0.14%$39,637.21
2011A Bond $738,688.20
2011A Bond Interest 0.14%$74,278.83
2011B Bond $1,101,346.00
2011B Bond Interest 0.14%$27,917.63
2011C Bond $124,102.27
2011C Bond Interest 0.14%$45,585.18
2012 Bond $11,633,262.02
2012 Bond Interest 0.14%$72,404.87
SUB TOTAL $15,431,466.37
TOTAL OF ALL FUNDS $43,039,104.85
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14 TOT15 TOT% Change
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212519.0%
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280-100.0%
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320-100.0%
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310-100.0%
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210-100.0%
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230-100.0%
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270-100.0%
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130-100.0%
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05.05.15
CR
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s
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n
20
0
TOTALS
SCHOOLCOUNTTIME% COUNT% TIME
CARROLLTON ELEMENTARY SCHOOL94:3118.4%26.1%
CARRSVILLE ELEMENTARY SCHOOL173:3234.7%20.5%
GEORGIE D TYLER MIDDLE SCHOOL42:138.2%12.9%
HARDY ELEMENTARY SCHOOL51:3110.2%8.8%
ISLE OF WIGHT ACADEMY50:4310.2%4.2%
SMITHFIELD HIGH SCHOOL10:232.0%2.3%
WESTSIDE ELEMENTARY SCHOOL11:102.0%6.8%
WINDSOR ELEMENTARY SCHOOL73:1114.3%18.4%
WINDSOR HIGH SCHOOL00:000.0%0.0%
Grand Total4917:17100.0%100.0%
Note: These times only reflect actions of -NON- SRO Personnel
05.05.15
APR 2015
Isle of Wight County Sheriff's Office • Monthly School Check Report
RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL
1 PATROL CHECK 1055 27.90%51JUVENILE PROBLEMS4 0.11%
2 CIVIL PAPER 567 15.00%52IDENTITY THEFT4 0.11%
3 TRAFFIC STOP 422 11.16%53UNCONSCIOUS OR FAINTING3 0.08%
4 BUILDING CHECK 364 9.63%54TRAFFIC CONTROL3 0.08%
5 BUSINESS CHECK 174 4.60%55THREATS 3 0.08%
6 CITIZEN ASSIST 137 3.62%56TEMPORARY DETENTION ORDER3 0.08%
7 ANIMAL COMPLAINT 123 3.25%57EVICTION 3 0.08%
8 PRISONER TRANSPORT 76 2.01%58STRUCTURE FIRE3 0.08%
9 SUSPICIOUS PERS./VEH./ACTIVITY 75 1.98%59STOLEN VEHICLE3 0.08%
10 PAPER SERVICE 62 1.64%60SICK / ILL OR RESCUE3 0.08%
11ACCIDENT NO INJURIES51 1.35%61NEIGHBOR DISPUTE3 0.08%
12SCHOOL CHECK49 1.30%62CHILD ABUSE OR NEGLECT3 0.08%
13DISABLED VEHICLE45 1.19%63OPEN DOOR OR WINDOW3 0.08%
14ASSIST OTHER JURISDICTION39 1.03%64FIRE ALARM 3 0.08%
15ALARM - BURGLARY39 1.03%65OVERDOSE 3 0.08%
16POLICE INVESTIGATIONS31 0.82%66DOMESTIC ASSAULT - IN PROGRESS3 0.08%
17DIRECT PATROL29 0.77%67CIVIL MATTER 3 0.08%
18TRAFFIC HAZARD23 0.61%68POSSIBLE DOA OR FULL ARREST3 0.08%
19HOUSE CHECK22 0.58%69UNAUTHORIZED USE OF AUTOMOBILE2 0.05%
20DOMESTIC - VERBAL ONLY22 0.58%70BURGLARY - RESIDENTIAL2 0.05%
21RECKLESS DRIVING20 0.53%71BITE 2 0.05%
22ACCIDENT UNKNOWN INJURIES18 0.48%72ALARM - MEDICAL2 0.05%
23LARCENY PETIT AND GRAND18 0.48%73DRUNK IN PUBLIC-INTOXICATED2 0.05%
24FRAUD 17 0.45%74BURGLARY - COMMERCIAL2 0.05%
25DRIVING UNDER THE INFLUENCE14 0.37%75DISPUTE (NON-FAMILY)2 0.05%
26ACCIDENT WITH INJURIES13 0.34%76PAIN 2 0.05%
27DISTURBANCE-LOUD NOISE13 0.34%77RECOVER STOLEN PROPERTY2 0.05%
28FINGERPRINTS12 0.32%78SEIZURE 2 0.05%
29POLICE ESCORT11 0.29%79BAD CHECK 1 0.03%
30911 HANG UP 11 0.29%80ATTEMPT SUICIDE1 0.03%
31DESTRUCTION OF PROPERTY11 0.29%81FIGHT IN PROGRESS1 0.03%
32BE ON THE LOOKOUT11 0.29%82REPOSSESSION1 0.03%
33WELFARE CHECK10 0.26%83FORGERY AND/OR UTTERING1 0.03%
34DRUG OFFENSES10 0.26%84SMELL OF GAS INSIDE/OUTSIDE1 0.03%
35SHOTS FIRED/PROMISCUS SHOOTING8 0.21%85LOST PROPERTY1 0.03%
36PROJECT LIFESAVER8 0.21%86STROKE 1 0.03%
37COMMUNITY RELATIONS8 0.21%87CARDIAC OR RESPIRATORY ARREST1 0.03%
38DISORDERLY INDIVIDUAL8 0.21%88EMERGENCY CUSTODY ORDER1 0.03%
39OTHER OR UNKNOWN PROBLEM7 0.19%89CHEST PAIN OR HEART ATTACK1 0.03%
40OFFICER INFORMATION7 0.19%90TEST CALL 1 0.03%
41FOOT/BIKE PATROL7 0.19%91ASSAULT WITH INJURIES1 0.03%
42HIT AND RUN 5 0.13%92PARKING VIOLATION1 0.03%
43FOUND PROPERTY5 0.13%93ALARM - UNK TYPE1 0.03%
44TRESPASS 4 0.11%94DIABETIC PROBLEMS1 0.03%
45ASSAULT NO WEAPONS4 0.11%95EMERGENCY PROTECTIVE ORDER1 0.03%
46SEX OFFENSES RAPE ASSAULT4 0.11%96ALL OTHERS 3 0.08%
47BUSINESS ASSIST4 0.11%0.00%
48BRUSH FIRE 4 0.11%TOTAL 3,781 100%
49PSYCHIATRIC PROBLEMS4 0.11%TOP TEN 3,055 80.80%
50 DOMESTIC ASSAULT - OCCURRED 4 0.11%05.06.15
NOTE: Prisoner transports include twice daily transport of Animal Shelter work release inmates.
PRIOR MONTH TOP TEN FOR COMPARISON 2015 YTD FOR COMPARISON
RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL
1 PATROL CHECK 1267 30.06%1 PATROL CHECK 5,070 33.24%
2 CIVIL PAPER 636 15.09%2 CIVIL PAPER 1,991 13.05%
3 TRAFFIC STOP 451 10.70%3 TRAFFIC STOP 1,375 9.02%
4 BUILDING CHECK 378 8.97%4 BUILDING CHECK 1,205 7.90%
5 BUSINESS CHECK 184 4.37%5 BUSINESS CHECK 747 4.90%
6 CITIZEN ASSIST 137 3.25%6 CITIZEN ASSIST 511 3.35%
7 PAPER SERVICE 110 2.61%7 ANIMAL COMPLAINT 403 2.64%
8 ANIMAL COMPLAINT 108 2.56%8 PAPER SERVICE 358 2.35%
9 SCHOOL CHECK 91 2.16%9 SCHOOL CHECK 279 1.83%
10 PRISONER TRANSPORT 75 1.78%10 PRISONER TRANSPORT 276 1.81%
T **TOTAL** CALLS (not just top 10)4,215 81.54%T **TOTAL** CALLS YTD (not just top 10)15,252 80.09%
CALLS FOR SERVICE • APR 2015
MEMORANDUM
TO: Frank Haltom, Director of General Service FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup
DATE: May 11, 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
month of April due to the focus on illegal dumping investigations and the limitation on the
available number of Work Release inmates from the Western Tidewater Regional Jail.
• The following is a list of roads that were spot checked for litter and serviced due to
illegal dumping during the month of April 2015:
Poorhouse Rd.: Spot Pick-Up
Reynolds Dr.: Spot Pick-Up
Old Stage Hwy.: Spot Pick-Up
Clydesdale Rd.: Spot Pick-Up and Illegal Dumping Notice
Cut Thru Road: Spot Pick-Up
Courthouse Hwy.: Courthouse Hwy @ the Courthouse.
Poorhouse Rd: From Hwy. 258 to Shop Quarters.
Woodland Road: Carroll Bridge to Longview Rd.
• The following is a list where litter is scheduled to be picked up during the months of
May thru June 2015:
Old Stage Hwy: Rte 10 to Berry Hill Rd
Holly Run Dr: Courthouse Hwy. to Carrsville Hwy.
Berry Hill Rd: Rte 10 to Old Stage Hwy
Foursquare Rd: Courthouse Hwy to Ting Rd
Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd
Scott`s Factory Rd: Courthouse Hwy to Turner Dr
Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr
Burdette Rd: Walter`s Hwy to Convenience Center
Turner Dr: Benns Church Blvd. to Scotts Factory Rd.
Sunset Dr: Courthouse Hwy. to Buckhorn Dr.
MEMORANDUM
DATE: May 12, 2015
TO: Anne F. Seward, County Administrator
FROM: Michael W. Terry, Director, Budget and Finance
RE: GFOA Award/Certificate of Achievement
_____________________________________________________________
For the fourth consecutive year, a Certificate of Achievement for Excellence in
Financial Reporting has been awarded to Isle of Wight County by the
Government Finance Officers Association of the United States and Canada
(GFOA) for its comprehensive annual financial report (CAFR). The Certificate of
Achievement is the highest form of recognition in the area of governmental
accounting and reporting, and its attainment represents a significant
accomplishment by a government and its management.
An Award of Financial Reporting Achievement has also been awarded to the Isle
of Wight County Department of Budget and Finance for its role in preparing the
award-winning CAFR.
The CAFR has been judged by an impartial panel to meet the high standards of
the program including demonstrating a constructive “spirit of full disclosure” to
clearly communicate its financial story and motivate potential users and user
groups to read the CAFR. The County’s CAFR received a grade of “Proficient”
in 17 different grading categories.
The GFOA is a nonprofit professional association serving approximately 17,500
government finance professionals with offices in Chicago, Illinois and
Washington, D. C.
MEMORANDUM
TO: Anne Seward, County Administrator FROM: Frank Haltom, Director of General Services SUBJECT: Special Presentation on the History of Western Tidewater Water Authority Water
Purchase Agreements
DATE: May 11, 2015
At its regular meeting in April, 2015, the Board received a special presentation on the History of
Western Tidewater Water Authority (WTWA) Water Purchase Agreements. Chris Pomeroy,
President, AquaLaw PLC and Counsel for the WTWA, and Al Moor, Public Utility Director for
the City of Suffolk, provided a presentation to give the Board the history and background of the
WTWA and Norfolk agreements.
Attached hereto is a copy of the presentation for the Board’s information. Furthermore, the video
of the presentation can be found on the County’s website for viewing by the public at http://isle-
of-wight.granicus.com/MediaPlayer.php?view_id=2&clip_id=252. See item 8.A. on the index.
.
5/11/2015
1
WTWA WATER SUPPLY BRIEFING
ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
APRIL 16, 2015
OUTLINE
1.WTWA Background
A.Overview / Purpose
B.Accomplishments
C.Overview of WTWA Regional Water Agreement
2.Norfolk Raw Water Purchase Agreement
A.Overview of the Agreement
B.Background on Its Development
C.Role of Norfolk Agreement in the Future
5/11/2015
2
WTWA BACKGROUND
WTWA OVERVIEW / PURPOSE
•Regional Effort Initiated in 1998
•To Meet the Members’ Long-Term Water Demands
•By Acquiring, Financing, Constructing, Operating &
Maintaining Water Sources & Facilities
•Organizational Structure
•Governance by 6-Member Board
•3 Representatives Each from County & City
•No WTWA staff / relies on County & City staff (utility
management, finance, etc)
•Legal Counsel (contracts, regulatory, etc)
5/11/2015
3
WTWA ACCOMPLISHMENTS
1.Regional Feasibility Study (2000)
2.WTWA Regional Water Agreement (2000)
3.IOW/Suffolk Water Systems Interconnect Trans. Main (2002)
4.Emergency Raw Water Interconnect Trans. Main from Lake
Prince to Lake Meade (2003) (Authority Asset)
5.Groundwater Permit (2005) (Authority Asset)
6.Major WTWA Regional Agreement Revisions (2006)
7.Crittenden Well & Pipeline (2009) (Authority Asset)
8.Norfolk/WTWA Raw Water Agreement (2009)
9.Major WTWA Regional Agreement Revisions (2009)
10.Surface Water Supply Projects (In Progress)
11.Groundwater Permit Renewal (In Progress)
WESTERN TIDEWATER
REGIONAL WATER AGREEMENT
PARTIES:WTWA, Suffolk, IOW
TERM:July 1, 2009 –June 30, 2048
PURPOSE:Addresses Supplies, Facilities, Costs
-2006: GW Permit, Transmission, Treatment
-2009: SW Supply, Transmission, Treatment
ELEMENTS:Water Supply Allocations (Reserved Safe Yield)
-For Suffolk: 75%
-For IOW: 25%
5/11/2015
4
WESTERN TIDEWATER
AGREEMENT (CONT.)
ELEMENTS:WTWA Water System Projects
-Crittenden GW Well & Pipeline
-Western Branch SW Pipeline
-O&M
Norfolk Contract
-Construction Provisions
-Routine Operations
-Norfolk Contract Charges
Suffolk Water System Projects
-Water Plant Expansions (GW & SW)
-Other Facilities
WESTERN TIDEWATER
AGREEMENT (CONT.)
ELEMENTS:WTWA Cost Allocations
-Projects (75% Suffolk, 25% IOW)
-Admin (50% ea.)
Charges for Treated Water
-Annual Rate Review
-Annual True-Up
Invoicing Procedures
Authorization of Water Re-sale to IOW Towns
5/11/2015
5
NORFOLK AGREEMENT
NORFOLK AGREEMENT OVERVIEW
PARTIES:WTWA, Suffolk, Isle of Wight, & Norfolk
TERM:40 Years (2008 –2048)
TAKE Phases from 3 MGD (2014) to 15 MGD (2038)
AMOUNT:Increases 1 MGD Every 2 Years (2016-38)
WATER RATE:$1.25/1,000 gals. (FY15; annual CPI adj.)
RESERV. FEE:Jan. 2011: 20% Water Rate on Reserved MGD
Jan. 2014: 25% Water Rate on Reserved MGD
ALLOCATION:75% Suffolk, 25% IOW (Water & Cost)
5/11/2015
6
Norfolk Contract
Phase-In
•Locks in 15 mgd for
the long term
•Begins with 3 mgd
supply (2009)
•Eventually Reaches 15
mgd supply (2038)
•Rate for Reserved
Water is 75% Less
WTWA Reserved
Safe Yield With
Norfolk Supply
•Suffolk Lakes
•Portsmouth
Purchase
•WTWA GW
Permit
•Norfolk
Contract
5/11/2015
7
BACKGROUND ON DEVELOPMENT
Westward Pattern in Regional Growth
1980s: Virginia Beach, Norfolk
1985-1995: Chesapeake
1995-2008: Suffolk and IOW
Rapid Growth in Western Tidewater
Isle of Wight County Population Growth
1990-2000: 18.7%
2000-2010: 18.7%
Suffolk Population Growth
1990-2000: 22.1%
2000-2010: 33.3%
2002/04 LOCALITY FORECASTS
Given growth rates at the
time, Localities forecasted a
water supply shortage in
2013 absent a new supply
5/11/2015
8
2006 STRATEGY
Alternatives Analysis
WTWA Board and Locality staff engaged in extensive
exploration of alternatives to meet each party’s needs
Conclusion
Raw water purchase from Norfolk was determined to
be the most feasible option to meet 2013 need
Negotiations
Began in December 2006 with Norfolk Utilities and
concluded with September 2009 Agreement
BENEFITS OF AGREEMENT
Achieved viable solution to forecasted near-term
water supply shortage achieved in a timely manner
Locked-in long-term supply to meet the needs of the
Isle of Wight and Suffolk for decades to come
Achieved favorable terms from industry perspective
Ex: Phase-In (Ramp-Up)
Ex: Water Rate
5/11/2015
9
UNANTICIPATED CHANGES
REDUCING NEAR-TERM WATER DEMAND
The Great Recession & Very Slow Recovery
Growth dropped off markedly after 2008 recession
Ex: Population growth 2010-12 ~ 0.3%
Drop in Per Capita Consumption
Peaked at 96 gallons per capita per day in 2006
25% drop to 72 gallons per capita per day as of 2013
Multiple reasons, e.g., more efficient appliances, fixtures
CHANGES POTENTIALLY INCREASING
NEED FOR NORFOLK RAW WATER
DEQ Initiative to Cut Groundwater Withdrawals
DEQ requested 14 largest permitted withdrawers in
Eastern Virginia to reduce 57% (average)
DEQ’s Request of WTWA
Reduce from 8.34 mgd to 3.6–3.9 mgd
Under negotiation / study
Observations
Available supply decreasing, likely to get more costly
WTWA well-positioned to manage this supply challenge
5/11/2015
10
LOCALITY WATER SUPPLY CHALLENGES
Estimates
Locality’s demand forecast inherently uncertain
Conservation
When will consumption rates level off
Growth
Time when with growth rates rebound
Economic Development
Industrial, commercial, residentials users with needs
Delivery / Infrastructure Construction
Enough water, where it is wanted, when it is wanted