02-17-1994 Regular Meeting80QK ~~ r~s;l6~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
.SUPERVISORS HELD THE SEVENTEENTH DAY OF FEBRUARY IN THE
YEAR NINETEEN HUNDRED NII~IETY FOUR
PRESENT: O. A. Spady, Chairman
Malcolm T. Cofer, Vice Chairman
. Henry H. Bradby
Phillip A. Bradshaw f
Steve W. Edwards •
Also Attending:.. H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, .Assistant to the
County Administrator
Carey H. Mills, Assistant .Clerk
Chairman Spady called the meeting to order at b:01 p.m. The
invocation was delivered by Supervisor Bradshaw.
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Chairman Spady called for Special Presentation: Commission on
Aging
Natalie Bradby,. Chairperson, Commission on Aging, presented a
report to the Board on the activities of the Commission over the last two
years. Ms. Bradby requested the Board fill vacancies on the Commission as
quickly as possible, fund the Veterans Day. Program and provide funding
to allow them to present participants with certificates or other small
mementos.
Following discussion, the Board directed the County Administrator to
meet with the Commission relative to the upcoming budget.
Ms. Bradby requested that a letter be sent to Mrs. Beverly Tubbs of
Zuni inviting her to attend the next Commission meeting.
Chairman Spady presented a plaque of appreciation to Mrs. Janice
Hardison acknowledging her twenty years of service to the County.
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Chairman Spady called for Citizens Comments.
Rudolph Jefferson, Assistant Chief of the Rushmere Volunteer Fire
Department, requested the Board appropriate additional funding for a
kitchen and meeting room for the Rushmere Volunteer Fire Department.
.Supervisor Bradby urged the Board to .fund the request as it is
difficult to provide the kind of community services that are needed with a
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building that is half complete.
Following Board discussion, Supervisor Bradshaw requested the
County Administrator meet with officials of the fire department and. bring
back a report to the Board at their March 17, 1994 meeting.
R. L. Walker requested the Board's assistance in working with the
State Water Control Board (SWCB) regarding a prospective hog farm.
Following Board discussion, Supervisor Bradshaw suggested staff
contact the SWCB to determine their rules for hog farming, that a meeting
be conducted between residents and the SWCB staff, and that an excerpt be
added in the zoning ordinance to cover this matter.
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Chairman Spady called for Transportation Matters..
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, requested the Board pass a resolution requesting
Laurelwood Drive be taken into the State's secondary road system under
the rural addition policy.
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Supervisor Spady moved the Board approve the proposed resolution
subject to the County Attorney's review. The motion was unanimously (5-
0) adopted.
Supervisor Bradby requested the status of Route 681.
Mr. Neblett stated VDOT first must obtain a list of heirs to be put to
record in the Circuit Court.
County Attorney Crook stated because only-some of the names can
be identified in the Clerk's office, it would be helpful if a spokesman for the
family could be found to provide the necessary information as to who its
heirs are.
Mr. Bradby noted he could provide the name of a spokesman for the
family.
Supervisor Edwards requested Mr. Neblett review the possibility of
widening the shoulders on Sunset Drive.
Mr. Neblett stated he would check to see if the project could be put
in the Six-Year Plan..
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Supervisor Bradshaw moved the Board direct VDOT to initiate a
speed study on Route 258 towards Franklin near the 7-11. The motion was
unanimously (5-0) adopted.
Mr. Whitmore of Smithfield requested the status of Route 6b1.
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County Administrator Standish stated Virginia Power's local and
Richmond offices .are meeting to an ersection whi h may inc udel reOmoval
approved a project to improve the
of the pole.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA
FOR THE 1994 VIRGINIA DEPARTMENT OF TRANSPORTATION
PRE-ALLOCATION HEARING
WHEREAS, the Commonwealth Transportation Board and the Virginia
Department of Transportation will conduct apre-allocation hearing for
interstate, primary and urban system projects for the Suffolk District on
March 29, 1994; and,
WHEREAS, the Board of Supervisors of Isle of Wight County expresses its
appreciation to the Commonwealth Transportation Board and the Virginia
Department of Transportation for the opportunity to articulate
transportation improvement priorities within the County; and,
WHEREAS, Isle of Wight County wishes to make specific recommendations
for transportation improvement projects to be listed on the proposed Six-
Year Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle
of Wight County that the following projects are considered transportation
improvement priorities in the County:
1. Construction of parallel bridge span and approaches on the
Route 17 crossing over Chuckatuck Creek
2. Route 58 Franklin bypass connector (Route 260)
3. Realignment and four-lane Route 258, between Route 10 and
Route 460
4. Four-lane Route 10 -Smithfield bypass
5. Construct right-turn lane on Route 258 at intersection with
Route 10 bypass
6. Conduct a feasibility study of a g 460 and the Norfolk1Southern
Route 258 mtersechon with Route
rail line
BE IT FURTHER RESOLVED that the Board of Supervisors direct the
County .Administrator to forward a copy of this resolution to the County's
legislative delegation and to the Virginia Department of Transportation for
inclusion in the record of the 1994 pre-allocation hearing and for adoption
in the Six-Year Improvement Program for the Commonwealth of Virginia.
The motion was unanimously (5-0) adopted..
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated for the Board's information, included in the agenda is
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a letter from VDOT clarifying their policy on the Comprehensive
Stormwater Detention Agreement.
Supervisor Cofer moved the Board adopt the following resolution:
' RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIIZGII~TIA, URGING THE VIRGINIA GENERAL ASSEMBLY TO
OPPOSE THE CONVERSION OF TRANSPORTATION SIGNAGE AND
' OTHER TRANSPORTATION RELATED MEASUREMENTS TO THE
METRIC SYSTEM AS MANDATED BY THE
UNITED STATES CONGRESS
WHEREAS, the United States Congress adopted the. Metric
Conversion Act of 1975, amended by the Omnibus Trade and Competitive-
Act of 1988, which is intended to enhance the competitiveness. of United
States industry in international commerce; and,
WHEREAS, by Executive Order signed by President George Bush on
July 25, 1991, the Secretary of Commerce is designated to direct and
coordinate efforts by Federal departments and agencies to implement U.S.
Government metric usage in accordance with the aforestated legislation;
and,
WHEREAS, the Virginia Department of Transportation is being
required by the Federal government to initiate and implement a process to
achieve conversion to the metric system of transportation signage and other
transportation related measurements; and,
WHEREAS, the United States Congress has not provided any funding
for such a conversion to the metric system; -.and,
WHEREAS, it is apparent that the cost must now be borne by the
Commonwealth of Virginia and its counties, cities and .towns, all of which
have scarce and limited fiscal resources being directed to more pressing
needs of the citizens of the Commonwealth.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia that it opposes the
Federal laws mandating the conversion to the metric system currently being
undertaken by the Virginia Department of Transportation and urges the
Virginia General Assembly to request the United States Congress to repeal
said laws or to furnish the Commonwealth of Virginia and .its counties,
cities and towns with the total amount of funds necessary to meet this
Federal mandate.
The motion was unanimously (5-0) adopted.
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.Chairman Spady called for the Community Development report.
_ Mr. Casket' stated in January several alternatives were discussed
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relative to implementation of a cash proffer schedule and the supportable
amounts. Mr. Caskey further stated included in the agenda is a report
surveying those localities throughout the State that are engaged in a similar
system of providing cash proffers.
Chairman Spady asked Mr. Caskey if either town has notified the
County of their proposed participation.
Mr. Caskey replied no.
Supervisor Bradshaw requested County staff to check into what other
localities are doing regarding implementing proffers in towns of their
jurisdiction and report back to the Board on the. matter.
Mr. Caskey stated at the Board's public hearing on the Draft
Chesapeake Bay Preservation Area PrOQram Supplement in .January, the
Board directed that the item be referred back to the Planning Commission
to allow them an opportunity to address the concerns of the citizens. Mr.
Caskey stated the Planning Commission at their February 8, 1994 meeting
made note that there were no representatives. of the Citizens' Organization
before the Planning Commission or the Board and that they had given due
consideration to the comments and issues raised by the Organization.
.Supervisor Bradshaw moved the Board adopt the Draft Chesapeake
Bay Preservation Area Program Supplement. The motion was unanimously
(5-0) adopted.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE THE DEVELOPMENT AND SUBMISSION
OF A .GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE
THIRTY THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED
FROM THE VIRGINIA COASTAL RESOURCES MANAGEMENT
PROGRAM FOR OPEN-SPACE DEVELOPMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized the development, submission and receipt of a grant
from the Virginia. Coastal Resources Management Program (VCRMP) for
open-space development; and,
WHEREAS, the funds in the amount of thirty thousand dollars
($30,000) or so much as shall be received from the VCRMP need to be
appropriated to the capital projects .budget in the 199495 budget of the
County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that thirty
thousand dollars ($30,000) or so much as shall be received from VCRMP be
appropriated to the capital projects budget in the 1994-95 budget of the
County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
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County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all,the things necessary to
give .this resolution effect..
The motion was unanimously (5-0) adopted.
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Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE THE DEVELOPMENT AND SUBMISSION
OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE
THIRTY THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED
FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF .
CHESAPEAKE BAY LOCAL .ASSISTANCE BOARD
WHEREAS, the Board of Supervisors of the County of Isle of .Wight,
Virginia has authorized the development, submission and receipt of a grant
from the Commonwealth of Virginia, Department of Chesapeake Bay Local
Assistance Board for the Chesapeake Bay Preservation Act Program; and,
WHEREAS, the funds in the amount of thirty thousand dollars
($30,000) or so much as shall be received from the Commonwealth of
Virginia, Department of Chesapeake Bay Local Assistance Board needs to
be appropriated to the Chesapeake Bay Preservation Act Program line item
in the 199495 budget of the County of Isle of Wight, Virginia.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia -that thirty
thousand dollars ($30,000) or so .much as shall. be received from the
Commonwealth of Virginia, Department of Chesapeake Bay Local
Assistance Board be appropriated in the 1994-95 budget of the County of
Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant and to do all the things
necessary to give this resolution effect.
The motion was unanimously (5-0) adopted.
Mr. Caskey stated regarding the report included in the agenda on
property owned by Charles and Mary J. Melton, he would request that the
matter be tabled so that a more comprehensive report can be provided on
other issues involving the property.
Supervisor Bradshaw moved the Board table action until the March
17, 1994 meeting. The motion was unanimously (5-0) adopted..
Mr. Caskey stated included in the agenda for the Board's information
is asemi-annual status report on borrow pits in the County.. Mr. Caskey
stated he would recommend it be provided on an annual basis in the
future.
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Supervisor Bradshaw moved the Board implement a policy to have a
borrow pit status report made to the Board on an annual basis. The motion
was unanimously (5-0) adopted.
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Chairman Spady called for the County Attorney's report.
County Attorney Crook stated there is a subdivision agreement of the
owner for the Ashby Land Trust, bond and Irrevocable Letter of Credit
from Farmers Bank in Windsor in the amount of $176,000. Mr. Crook stated
the bond is valid for one year and the date for performance in the
agreement has not been identified although Mr. Caskey advised him it
should be six months to perform. Mr. Crook stated because the bond is
good for one year between six months and one year would be proper.
Richard L. Turner stated the well system is in the process of being
completed and is owned by Christian Pugh. Mr. Turner stated to complete
the development. of the property, Ashby Land Trust has entered an
agreement with Art Rawlings and S.V. Camp who have agreed to complete
the project as soon as possible. Mr. Turner stated if the County approves
fourteen additional lots, S.V. Camp has agreed to begin the roads on March
31,1994 with the understanding of all parties that no lots falling under such
approval would or could be conveyed until the contract for said
improvements is in effect.
Chairman Spady asked Mr. Turner if natural gas would be available
in the subdivision.
Mr. Turner stated the gas company will need to make an additional
survey, however, the necessary forms are now in place and Ashby is getting
the necessary .financial statements in order.
County, Attorney Crook stated the bank that provided the Letter of
Credit as the- surety is concerned that Ashby Land Trust be able to convey
fourteen additional lots, but the Board had indicated its reluctance to allow
that previously because of the Health Department not having to approve
the water system. Mr. Crook stated because of the $176,000 bond and the
contract in operation on the water system, he advised the bank he would
bring the matter up to the Board for their consideration cSn whether or not
they will allow the additional fourteen lots to be conveyed. Mr. Crook
stated normally he would recommend against it, but in view of the County
having the contract for the water system and the performance bond it
would seem that it would be safe to allow the additional fourteen lots.
Supervisor Bradby moved the Board approve the performance
agreement, bond and allow an additional 141ots as requested. The motion
was unanimously (5-0) adopted.
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At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
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the agenda to hear the public hearings. The motion was unanimously (5-0)
adopted..
Chairman Spady called. for a public hearing on the General Obligation
Bond Issue: School Construction Program.
County Administrator Standish stated he would recommend the
Board table consideration of the matter and direct him to readvertise for the
' Board's March 17, 1994 meeting.
Supervisor Cofer moved the Board table the matter and readvertise
it for $6 million at the March 17, 1994 meeting. The motion was
unanimously (5-0) adopted.
Chairman Spady called for a public hearing on the. following
ordinances:
1. An Ordinance to Allow Payment of Local Taxes By
Credit .Card
Upon no-one appearing in favor of or in opposition to the proposed
ordinance, Chairman Spady closed the public hearing.
Following Supervisor Cofer's question to Mr. Crook regarding
whether the fee for setting up a credit card can be charged back to the one
requesting the service or does the general fund absorb this cost, Mr. Crook
replied the County does not subsidize the taxes by paying any credit card
charges and these would have to be paid by the consumer.
Supervisor Bradshaw asked if the taxpayers using a credit. card would
be notified that they will have an additional charge.
Beryl H. Perry, Treasurer, replied yes.
Supervisor Bradby stated he would not be in favor of the proposed
ordinance as individuals would be charged interest on the taxes they owe
the County and County staff would be required to check to see if the card
being used. was valid,
Supervisor Edwards moved the Board adopt the following ordinance:
AN ORDINANCE TO ALLOW PAYMENT
OF LOCAL TAXES BY CREDIT CARD
WHEREAS, the General Assembly of Virginia, by an Act embodied in
Section 58.1-3013 of the Code of Virginia, as amended, has authorized the
governing body of any County by ordinance to authorize the Treasurer of
such County to accept payment of local taxes by use of a credit card; and,.
WHEREAS, the Board of Supervisors of .Isle of Wight County, ~
Virginia, deems that it will aid in the collection of local taxes to provide for
payment of said taxes by credit card.
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NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED that
Chapter 15, Article I, of the Isle of Wight County Code be amended by
adding thereto the following as Section 15-5.4:
Sec 15-5 4 Payment by credit card.
The Treasurer of Isle of Wight County, Virginia, is hereby
authorized to accept payment of local taxes, including any
penalties and interest thereon, by use of a credit card pursuant
to Section 58.1-3013 of the Code of Virginia, as amended.
The motion passed (4-1) with all members, voting in favor except
Supervisor Bradby who voted against the motion.
2. An Ordinance to Allow Deferral of Real Estate Taxes
Chairman Spady called for those to speak in favor of or in opposition
to the proposed ordinance.
Gerald H. Gwaltney, Commissioner of the Revenue, appeared in
opposition stating that the ordinance excludes anyone who is currently
under a land use program from participating in this program.
County Attorney Crook stated the ordinance was prepared at the
request of Supervisor Joel Bradshaw who wanted to give a tax break to
farmers who had a bad year and people out of work. County Attorney
Crook stated that this is the only tax deferral the County is authorized by
statute to do.
Upon. Chairman Spady closing the public hearing, Supervisor Cofer
moved the Board not adopt the proposed ordinance. The motion was
unanimously (5-0) adopted.
3. An Ordinance to Amend the Ordinance Providing
for the Semi-Annual Collection of Real Estate Taxes
to Change Penalty and Interest
Chairman Spady called for citizens to speak in favor of or in
opposition to the proposed ordinance.
Upon no one appearing, Chairman Spady closed the public hearing
and Supervisor Edwards moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND THE ORDINANCE
PROVIDING FOR THE
SEMI-ANNUAL COLLECTION OF REAL ESTATE TAXES
TO CHANGE PENALTY AND INTEREST
WHEREAS, the General Assembly of Virginia by an Act or Acts
embodied in Section 58.1-3916 of the Code of Virginia has provided that the
governing body of any County may provide by ordinance that taxes on real
estate may be paid in equal installments on June 5 and December 5 of each
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year; and,
.WHEREAS, the Board of Supervisors adopted such an ordinance on
October 7, 1976, which provided for penalties and interest as described by
said statute; and,
WHEREAS, the statute, now Section 58.1-3916 of the Code of .Virginia,
as amended, provides for a different penalty and interest rate..
NOW, THEREFORE, BE IT ORDAINED BY THE .BOARD OF
SUPERVISORS OF ISLE OF COUNTY, VIRGINIA, that the ordinance to
provide for the semi-annual collection of real estate taxes, adopted by .the
Board of Supervisors on October 7, 1976, and amended March 18, 198?y is
hereby amended to read as follows:
That beginning January 1, 1993, the annual taxes on real
estate shall be paid in equal installments on June 5 and
December 5 of each year. Interest shall commence the first day
following the :dates such taxes are -due at a rate of ten percent
(10%) per year. A penalty for failure to pay the tax or
installment shall be ten percent (10%) of the tax past due or the
sum of ten dollars ($10.00), whichever is the greater, provided,
however, that the penalty shall in no case exceed the amount of
tax due.
The motion was unanimously (5-0) adopted.
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4. An Ordinance to Provide for the Semi-Annual
Collection of Personal Property Tax
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed ordinance.
Luther Boone of Zuni appeared on behalf of ten or more residents of
Zuni who would prefer a quarterly collection of personal property tax.
Treasurer, Beryl Perry stated he currently has a policy for residents to
pay their personal property taxes on a monthly, quarterly or semi-annually
basis, depending on the preference of .the taxpayer.
Commissioner Gwaltney spoke in opposition stating semi-annual
collection would come during the time .that his office was issuing decals,
business licenses and State income tax.
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Treasurer Perry spoke in opposition stating his office currently offers
an optional payment plan for citizens to pay personal property in advance
if they prefer, however, adoption of the proposed ordinance will require
everyone to pay semi-annually or face a penalty and interest charge.
Supervisor Bradshaw moved the Board not adopt the proposed
ordinance. The motion was unanimously (5-0) adopted.
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5. An Ordinance to Provide Exemptions From Taxation
For Certain Personal Property to Add Volunteer Fire
Department Members Who Reside in Isle of Wight
County and Are members of Volunteer Fire
Departments Outside of isle of Wight County Which
Serve a Designated Area of Isle of Wight County
Chairman Spady called for citizens to speak in favor of or in
opposition to the proposed ordinance.
Commissioner of Revenue, Gerald Gwaltney appeared in favor and
stating this is a step in the right direction for equalizing the benefits of the
ordinance.
Upon no one else appearing, Chairman Spady closed the public
hearing and Supervisor Edwards moved the Board adopt the following
ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE
TO PROVIDE EXEMPTIONS FROM TAXATION FOR.
CERTAIN PERSONAL PROPERTY
TO ADD VOLUNTEER .FIRE DEPARTMENT MEMBERS
WHO RESIDE IN ISLE OF WIGHT COUNTY AND ARE MEMBERS
OF VOLUNTEER FIRE DEPARTMENTS OUTSIDE OF ISLE OF WIGHT
COUNTY WHICH SERVE A DESIGNATED AREA
OF ISLE OF WIGHT COUNTY
WHEREAS, the. General Assembly for the Commonwealth of Virginia
has provided by various acts now embodied: in Title 58.1, Chapter 35,
Article 1, Section 58.1-1-3506 of the Code of Virginia, as amended, that the
governing body of any County may by ordinance provide for the exemption
from taxation of certain tangible personal property for members of
volunteer fire departments; and,
WHEREAS, the Board of Supervisors of Isle of Wight County by
ordinance adopted March 15, 1990, exempted from taxation certain motor
vehicles owned by members of volunteer rescue squads or members of
volunteer fire departments .and motor vehicles especially equipped for
handicapped individuals; and,
WI iEREAS, the ordinance adopted by the Board of Supervisors
aforesaid exempted one motor vehicle for members of volunteer fire
departments who reside in the County and whose volunteer fire department
is located in the County; and,
WHEREAS, there are members of the Chuckatuck Volunteer Fire
Department located in the City of Suffolk who reside in Isle of Wight
County and said Chuckatuck Volunteer Fire Department serves a
designated portion of Isle of Wight County, by agreement between the
Smithfield Volunteer Fire Department and the Chuckatuck Volunteer Fire
Department; and,
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WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it to be in the best interests of the taxpayers of Isle of Wight
County to provide for exemption from taxation of motor vehicles owned by
persons who reside in Isle of Wight County and are members of the
Chuckatuck Volunteer Fire Department which serves a portion of Isle of
Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County, Virginia, pursuant to Section
58.1-3506 of the Code of Virginia of 1950, as amended, that Section 15-4.2
(b) of Chapter 15 of the Isle of Wight County Code be amended to read as
follows:
(b) Motor vehicles owned by members of volunteer
rescue squads or members of volunteer fire departments who
reside in the County and whose volunteer rescue squads or
volunteer fire departments are located in the County, to include
those persons who are members of volunteer fire departments
or rescue squads in adjacent jurisdictions which serve
designated portions of Isle of Wight County, by agreement.
This exemption is limited to one motor vehicle which is .
regularly used by each volunteer rescue squad member or
volunteer fire department member to respond to calls; provided,
that such volunteer shall furnish the Commission of Revenue
with a certification by the chief or head of the volunteer
organization in January of each year that such volunteer is a
member of the volunteer rescue squad or fire department who
regularly responds to calls or regularly performs other duties for
the rescue squad or fire department, and the motor vehicle is
identified as regularly used for such purpose.
The motion was unanimously (5-0) adopted.
Supervisor Edwards further moved. the Board. direct. the County
Administrator to forward a letter to the Chuckatuck Fire Department
advising of the Board's action. The motion was unanimously (5-0) adopted.
6. An Ordinance to Amend .Chapter 3, Animals and
Fowl, Articles I and II of the Isle of Wight County
.Code
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County Attorney Crook stated the General Assembly at its 1993.
session rewrote the animal control statutes and the proposed ordinance is
to amend the existing ordinance and adopt the animal control ordinance as
provided for by the State. Mr. Crook further stated the proposed ordinance
allows for the licensing of cats, as well as dogs, and includes a fee schedule
for the Board's consideration. Mr. Crook continued the previous ordinance
required aten-day holding period for dogs and the statute now allows five
days for dogs and cats. Mr. Crook stated he does recommend the
ordinance to the Board although they may wish to consider lesser fees than
what was advertised.
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Chairman Spady called for citizens to speak in favor of or in
opposition to the proposed ordinance.
Edward Johnson of Zuni appeared in opposition to the licensing of
cats which control the rat population.
Supervisor Edwards stressed that County staff will-need to make sure
that animals are advertised in the appropriate newspapers for adoption if
the time animals are retained in the shelter is reduced to five days.
County Attorney Crook noted the report provided to the Board by
County staff which states that in 1993 the animal shelter received 892 dogs
and 664 cats which were handled at County expense.
Supervisor Bradby stated he received numerous calls from citizens, all
of which expressed their opposition to the licensing of cats..
Supervisor Edwards pointed out the County should take appropriate
action to encourage citizens to have their cats inoculated for rabies.
Chairman Spady stated that although he is in favor of f eethan what
ordinance, he does believe the Board should adopt a Jesse
is proposed.
Supervisor Bradshaw stated he has received numerous calls against
the proposed .ordinance. Supervisor Bradshaw further stated that although
the. County is becoming more populated and a dilemma is present,
sometimes the Board must take the position that laws are not always the
necessary. thing to do, and realize the citizens do have an understanding
and responsibility to take it upon. themselves as citizens to be able to
address these circumstances.
Supervisor Bradby moved the Board defeat the ordinance and
eliminate the license on cats. The motion was .defeated (3-2) with
Supervisors Bradby and Bradshaw voting in favor and Chairman Spady and
Supervisors Edwards and Cofer voting in opposition to the motion.
Supervisor Cofer moved the Board adopt the following ordinance
making the license fees $7 for female cats and dogs and $5 for neutered and
spayed cats and dogs, leaving the kennel fees as advertised:
AN ORDINANCE TO AMEND CHAPTER 3,
ANIIviALS AND FOWL, ARTICLES I AND II OF
THE ISLE OF .WIGHT COUNTY CODE
BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF
SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA that Chapter 3,
ANIMALS AND FOWL, Articles I and II of the Isle of Wight County Code
are hereby amended to read as follows:
Article I. In General
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Section 3-1. Definitions.
The following words as used in this chapter shall have the following
meanings:
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"Abandon" means to desert, forsake, or absolutely give up an animal
without having secured another owner or custodian for the animal or by
failing to provide the elements of basic care, as set forth in Section 3.1-
796.68 of the Code of Virginia, for a period of five consecutive days.
"Adequate care" or "care'° means the responsible practice of .good
animal husbandry, handling, production, management, confinement,
feeding, watering, protection, shelter, transportation, treatment, and,. when
necessary, euthanasia, appropriate for the age, species, condition, size and
type of the animal and the provision of veterinary care when needed to
prevent suffering or impairment of health.
"Adequate exercise" or "exercise" means the opportunity for the animal
to move sufficiently to maintain normal muscle tone and .mass for the age,
species, size, and condition of the animal.
"Adequate feed" means access to and the provision of food which is
of sufficient quantity and nutritive value to maintain each animal in good
health; is accessible to each animal; is prepared so as to permit ease of
consumption for the .age, species, condition, size and. type of animal;
provided in a clean and sanitary manner; is placed: so as to minimize
contamination by excrement and pests; and is provided. at suitable intervals
for the species, age, and condition of the animal, but at least once daily,
except as prescribed by a veterinarian or as dictated by naturally occurring
states of hibernation or fasting normal for the species.
1
"Adequate shelter" means provision of and access to shelter that is
suitable for the species, age, condition, size,. and type of each animal;
provides adequate space for each animal; is safe and protects each. animal
from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of
heat or cold, physical suffering, and impairment of health; is properly
lighted; is properly cleaned; enables each animal to be clean and dry, except
when detrimental to the species; and, for dogs and cats, provides a solid
surface, resting platform pad, floormat, or similar device that is .large
enough for the animal to lie on in a normal manner and can be maintained
in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat
floors (i) permits animals' feet to pass through openings, (ii) sag under the
animal's weight, or (iii) otherwise do not protect the animals' feet or toes
from injury are not adequate shelter.
"Adequate space" means sufficient space to allow each animal to (i)
easily stand, sit, lie, turn about, and make all other normal body movements
in a comfortable, normal position for the animal and (ii) interact safely with
other animals in the ~ enclosure. When an animal is tethered, "adequate
space" means a tether that permits the above actions and is appropriate to
the age and size of the animal; is attached to the animal by a properly
applied collar, halter, or harness configured so as to protect the animal from
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injury and prevent the animal or tether from becoming en#angled with other
objects or animals, or from extending over an object or edge that could
result in the strangulation or injury of the animal; and is at least three times
the length of the animal, as measured from the tip of its nose to the base of
its tail, except when the animal is being walked on a leash or is attached by
a tether to a lead line. When freedom of movement would endanger the
animal, temporarily and appropriately restricting movement of the animal
according to professionally accepted standards for the species is considered r
provision of adequate space.
"Adequate water" means provision of and access to clean, fresh,
potable water of a drinkable temperature which is, provided in a suitable
manner, in sufficient volume, and at suitable intervals, but at least once
every twelve hours, to maintain normal hydration for the age, species,
condition, size and type of each animal, except as prescribed by a
veterinarian or as dictated by naturally occurring states of hibernation or
fasting normal for the species; and is provided in clean, durable receptacles .
which are accessible to each animal and .are placed so as to minimize
contamination of the water by excrement and pests or an alternative source
of hydration consistent with the generally accepted husbandry practices.
~~ ,~
Adoption means the transfer of ownership of a dog or cat from a
releasing agency to an individual.
"Agricultural animals" means all livestock and poultry.
"Ambient temperature" means. the temperature surrounding. the
animal.
"Animal" means any nonhuman vertebrate species except fish. For the
purposes of Section 3.1-796.98 of the Code of Virginia, animal means any
species susceptible to rabies. For the purposes of Section 3.1-796.122 of the
Code of Virginia, animal means any nonhuman vertebrate species including
fish except those fish captured and killed or disposed of in a reasonable and
customary manner.
„ ~~
Animal shelter means a facility which is used to house or contain
animals and which is owned, operated, or maintained by a duly
incorporated humane society, animal welfare society, society for the
prevention of cruelty to animals, or other nonprofit organization devoted
to .the welfare, protection, and. humane treatment of animals.
"Animal warden" means any person employed, contracted, or
appointed by the Commonwealth or any political subdivision for the
purpose of aiding in the enforcement of the Comprehensive Animal Laws
of the State of Virginia or any other law or ordinance relating to the
licensing of dogs, control of dogs and cats, cruelty. to animals, or seizure
and impoundment of companion animals and includes any state or
municipal police officer, animal control officer, sheriff, constable, or other
employee whose duties in whole or in part include assignments which
involve seizure or taking into custody of any dog or other animal.
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"Board" means the Board of Agriculture and Consumer Services.
l]
"Board establishment" means a place or establishment other than a
pound or animal shelter where companion animals not owned by the
proprietor are sheltered, fed, and watered in exchange for a fee.
"Collar" means awell-fitted device, appropriate to the age and size of
the animal, attached to the animal's neck in such a way as to prevent
trauma or injury to the animal.
"Companion animal" means any domestic. or feral dog, domestic or
feral cat, non-human primate, guinea pig, hamster, rabbit not raised for
human food or fiber, exotic or native animal, reptile, exotic or native bird,
or any feral animal under the care, custody, or ownership of a person or
any animal which is bought, sold, traded, or bartered by any person.
Agricultural -animals, game species, or any animals regulated under federal
law as research animals shall not be considered companion animals for the
purposes of this chapter.
"Consumer" means any natural person purchasing an animal from a
dealer or pet shop or hiring the services of a boarding establishment. The
term "consumer" shall not include a business or corporation engaged in
sales or services.
1
"Dealer" means any person who in the regular course of business for
compensation or profit buys, sells, transfers, exchanges, or barters
companion animals. Any person who transports companion animals in the
regular course of business as a common carrier shall not be considered a
dealer.
"Emergency veterinary treatment" means veterinary treatment to
stabilize alife-threatening condition, alleviate suffering, prevent further
disease transmission, or prevent further disease progression.
"Euthanasia" means the human destruction of an animal accomplished
by a method .that involves instantaneous unconsciousness and. immediate
death or by a method that involves anesthesia, produced by an agent which
causes painless loss of consciousness, and death during such loss of
consciousness.
"Exhibitor" means any person who has animals for or on public
display, excluding an exhibitor licensed by the United States Department of
Agriculture.
1
"Housing facility" means any room, building, or area used to contain
a primary enclosure or enclosures.
"Humane" means any action taking in consideration of and with the
intent to provide for the animal's health and well-being.
"Humane society" means any chartered, nonprofit organization
incorporated under the laws of this. Commonwealth and organized for the
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purpose of preventing cruelty to animals and promoting humane care and
treatment of animals.
"Investigator" or "humane investigator" means a natural person who
is authorized to investigate complaints of alleged violations of this chapter
and who is either (i) employed by the Virginia Department of Agriculture
. and Consumer Services and is under the direction of the State Veterinarian
or (ii) has met the training requirements and qualifications required by the
Board of Agriculture .and Consumer Services. required by regulations
promulgated by that Board and who has a valid .court order of appointment
as a humane investigator for the jurisdiction in which official actions are
being taken- and which are. issued in accordance with the provisions of
Section 3.1-796.109 and 3.1-796.110 of the Code of Virginia.
"Kennel" means any establishment in which five or more canines,
felines, or hybrids of either are kept for the purpose of breeding, hunting,
training, renting, buying, boarding, selling, or showing.
"Livestock" includes all domestic or domesticated: bovine animals,
equine animals; ovine animals; porcine animals; cervidae animals; capradae
animals, animals of the genus Lama; ratites; enclosed domesticated rabbits
or hares raised for human food or fiber; or any other individual animal
specifically raised for food or fiber, except companion animals.
"Local ordinance: means any law, rule, regulation, or ordinance
promulgated by the governing. body of any county, city, or town.
"New owner" means an individual who is legally competent to enter
into a binding agreement pursuant to subdivision 2 of subsection B of
Section 3.1-796.126:1 of the Code of Virginia, and who adopts or receives a
dog. or cat from a releasing agency.
"Other officer" .includes all other persons employed or elected by the
people of Virginia, or by any municipality, county, or incorporated town
thereof, whose. duty it is to preserve the peace, to make arrests, or to
enforce the law.
"Owner" means any person who: (i) has a right of property in an
animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv)
acts as a custodian of an animal.
"Person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
"Pet shop" means an establishment where companion animals are
bought, sold, exchanged, or offered for sale or exchange to the general
public.
"Poultry" includes .all domestic fowl and game birds raised in
captivity.
"Pound" -means a facility operated. by the Commonwealth, or any
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political subdivision, for the purpose of impounding or harboring seized,
stray, homeless, abandoned, or unwanted animals; Qr a facility operated for
the same purpose under a contract with any county, city, town, or
incorporated society for the prevention of cruelty to animals.
1
"Primary enclosure" means any structure used to irnrnediately restrict
an animal or animals to a limited amount of space, such. as a room, pen,
cage, compartment, or hutch. For tethered .animals, the term includes the
shelter and the area within each of the tether.
"Properly cleaned" means that carcasses, debris, food waste and
excrement are removed from the primary enclosure with sufficient
frequency to minimize the animals' contact with the. above-mentioned
contaminants; the primary enclosure is sanitized with sufficient frequency
to minimize odors and the hazards of disease; and the primary enclosure
is cleaned so as to prevent the animals confined therein from being directly
or indirectly sprayed with the stream of water, or directly or indirectly
exposed to hazardous chemicals or disinfectants.
"Properly lighted" means sufficient illumination to permit routine
inspections, maintenance, cleaning, and housekeeping of the .shelter, and
observation of the animal; to provide regular diurnal lighting cycles of
either natural or artificial light, uniformly diffused throughout the animal
facilities; and to promote the well-being of the animals.
1
"Releasing agency" means a pound, animal shelter, humane society,
animal welfare society, society for the prevention of cruelty to animals, or
other similar entity that releases a .dog or cat for adoption .pursuant to
Article 6.1 (Sections 3.1-796.126:1 et seq.) of Chapter 27.4, Comprehensive
Animal Laws, of the Code of Virginia.
"Research facility" means any place, laboratory, or institution licensed
by the U.S. Department of Agriculture at which scientific tests, experiments,
or investigations involving the use of living animals are carried out,
conducted, or attempted.
"Sanitize" means to make physically clean and to remove and destroy,
to a practical minimum, agents injurious to health.
"State Veterinarian" means the veterinarian employed by the
Commissioner of Agriculture and Consumer Services as provided in Section
3.1-723 of the Code of Virginia.
i
"Sterilize or sterilization" means a surgical or chemical procedure
performed by a licensed veterinarian that renders a dog or cat permanently
incapable of reproducing.
"Treasurer" includes the Treasurer and his assistants of Isle of Wight
County, Virginia or other officer designated by law to collect taxes in such
county.
"Treatment" or "adequate treatment" means the responsible handling
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or transportation of animals in the person's ownership, custody or charge,
appropriate. for the age, species, condition, size and type of the animal.
"Veterinary treatment" means treatment by or on the order of a dully
licensed veterinarian.
"Weaned" means that an animal is capable of and physiologically
accustomed to ingestion of solid food or food customary for the adult of the
species, and has ingested such food, without nursing, for a period of at least
five days.
Section 3 2 Care of Animals by owner; penalty. .
A. Each owner shall provide for each of his companion animals:
1. Adequate feed;
2. Adequate water;
3. Adequate shelter that is properly cleaned;
4. Adequate space in the primary enclosure for the particular
type of animal depending upon its age, size, species, and weight;
5. Adequate exercise;
6. Adequate care, treatment, and transportation; and
7. Veterinary care when needed or to prevent suffering or
disease transmission
The provisions of this section shall also apply to every animal shelter,
pound, dealer, pet shop, .exhibitor, kennel, and boarding establishment.
This section shall not require that animals used as food for other animals
be euthanized.
B. Game and wildlife species shall be cared for in accordance with
regulations promulgated by the Board of Game and Inland Fisheries.
C. Violation of this section is a Class 4 misdemeanor.
Section 3 3 Transporting animals; requirements; requirements; venal
No owner, railroad or other common carrier when transporting any
animal shall allow that animal to be confined in any type of conveyance
more than twenty-four hours without being exercised, properly rested, fed
and watered as necessary for that particular type and species of animal. A
.reasonable extension of this time shall be permitted when an accident, storm
or other act of God causes a delay. Adequate space in the primary
enclosure within any type of conveyance shall be provided each animal
depending upon the particular. type and species of animal. Violation of this
section shall be punishable as a Class 1 misdemeanor.
Section 3-4 Sale, etc , of unweaned or certain immature animals vrohibited;
enal
No person shall sell, raffle, or offer for sale as pets or novelties, or
offer or give as a prize, premium, or advertising device any living chicks,
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ducklings, or other fowl under two months old in quantities of less than six
or any unweaned mammalian companion animal. Dealers may offer
immature fowl or unweaned mammalian companion animal for sale as pets
or novelties. with the requirement that prospective owners take possession
of the animals only after fowl reach two months of age and mammalian
companion animals have .been weaned. Nothing in this section shall
prohibit the sale of an unweaned animal (i) as food for other animals or (ii)
with the- lactating dam or a lactating surrogate dam that has accepted the.
animal. Violation of this section is a Class 3 misdemeanor.
Section 3-5 Failure of dealer or het shop to provide adequate care ,etc.;
enal
Any dealer or pet shop that fails to adequately house, .feed, water,
exercise or care for animals in his or its possession or custody as provided
for under this chapter shall be guilty of a Class 3 misdemeanor. Such
animals shall be subject to seizure and impoundment, and upon conviction
of such person the animals may be sold, euthanized, or disposed of as
provided by Section 3.1-796.96 of the Code of Virginia for licensed, tagged,
or tattooed animals. Such failure shall also constitute grounds for
revocation of a permit or certificate of registration after public hearing. Any
funds that result from such sale shall be used first to pay the costs of Isle
of Wight County for the impoundment and disposition of the animals, and
any funds remaining shall be paid to the owner, if known. If the owner is
not found, the remaining funds shall be paid into the Literary Fund of the
Commonwealth of Virginia.
Section 3-6 Misrepresentation of animal's condition; penalties.
No person shall. misrepresent the physical condition of any animal at
the animal's sale, trade, delivery, or other method of transfer. For the
purpose of this section misrepresentation shall include selling, trading,
delivering or otherwise transferring an animal to another person with the
knowledge that the animal has an infection, communicable disease, parasitic
infestation, abnormality or other physical defect that is not make known to
the person receiving the animal. Violation of this section shall be
punishable as a Class 3 misdemeanor.
Section 3-7. Abandonment of animal; penalty.
No person shall abandon any animal. Violation of this :section is a
Class 3 misdemeanor. Nothing in this section shall be construed to prohibit
the release of an animal by its owner to an animal shelter, pound, or
humane society establishment.
Article II. Dogs and Cats.
i]
Division 1. Licensing Generally.
Section 3-8. Pet Shop/Dealer.
In the County of Isle of Wight, any person operating a pet shop or
gO~K ~ ~5 :;,;:rU~4
operating as a dealer in companion animals is required to obtain a permit
from the County of Isle of Wight. The fee for said permit shall be fifty
dollars ($50.00) per year. The County may refuse to issue or after issuance
may- revoke such permit for fraudulent practices or inhumane treatment of
the animals dealt with by the permittee. Operating a pet shop or operating
as a dealer in companion animals without having obtained .such a permit
•from the County shall be a Class 3 misdemeanor.
Section 3-9 Unlicensed doffs and cats prohibited.
It shall be unlawful for any person in the County of Isle of Wight to
own a dog or cat four months old or older unless such dog or cat is
licensed as required by the provisions. of this chapter.
Section 3-10. How to obtain license.
Any person may obtain a dog license or cat license by making oral or
written application to the Treasurer of the County of Isle of Wight
accompanied by the amount of license tax and current certificate of
vaccination. as required by this chapter. The Treasurer or other officer in
charge of the duty of issuing dog and cat licenses shall only have authority
to license dogs and cats of resident owners or custodians who reside within
the boundary limits of this county and may require information to this
effect from any applicant. Upon receipt of proper application and current
certificate of vaccination as required by this chapter, the Treasurer shall
issue a license receipt for the amount on which he shall record the name
and address of the owner or custodian, the date of payment, the year for
which issued, the serial number of the tag, whether dog or cat, whether
male, unsexed female, female or kennel, and deliver the metal license tags
or plates provided for herein. This information thus received shall be
retained by the Treasurer, open to public inspection, during the period for
which such license is valid. The .Treasurer may establish substations in
convenient locations in the county and appoint agents for the collection of
the license tax and issuance of such licenses.
Section- 3-11. Amount of license tax.
(a) The amount of the license tax shall be as follows:
(1) For each male and unsexed spayed female dog - $5.00
(2) For each female dog - $7.00
(3) Kennel, for 10-19 dogs - $30.00
(4) Kennel, 20-29 dogs - $35.00
(5) Kennel, 30-39 dogs - $40.00
(6) Kennel, 40-49 dogs - $45.00
(7) Kennel, 50 dogs or more - $50.00
(b) The amount of the license tax for cats shall be as follows:
(1} For each male, spayed or neutered cat - $5.00
(2) For each female cat - $7.00
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(c) No license tax shall be levied on any dog that is trained and .
serves as a guide dog for a blind person or that is trained and serves as a
hearing dog for a deaf or hearing impaired person.
As used in this section, "hearing dog" means a dog trained to alert its
' owner by touch to sounds of danger and sounds to which the owner should
respond.
' Section 3 12 Evidence showing inoculation for rabies prerequisite to
obtaining d~ or cat license; .rabies clinics.
No license tag shall be issued for any dog or cat unless there is
presented, to the Treasurer or other officer of the County or city charged by
law with the duty of issuing license tags for .dogs and cats at the time
application for license is made evidence satisfactory to said Treasurer
showing that such dog or cat has been inoculated or vaccinated against
rabies by a currently licensed veterinarian.
Section 3-13. -When license tax pa, a~ ble,
(a) On January 1 and not later than January 31 of each year, the
owner of any dog or cat four months old or older shall pay a license tax as
hereinabove prescribed.
1
(b) If a dog or cat becomes four months of age or comes into the.
possession of any person between January 1 and November 1 of .any year,
the license tax for the current calendar year shall be paid by the owner.
(c) If a dog or cat becomes four months of .age or .comes into the
possession of any person between October 31 and December 31 of any year,
the license tax for the succeeding calendar year shall be paid by the owner
and this license shall be valid from the date the license is purchased.
Section 3-14. Effect of dog or cat not wearing collar as evidence.
Any dog or cat not wearing a collar bearing a license tag of the proper
calendar year shall prima facie be deemed to be unlicensed, and in any
proceedings under this chapter the burden of proof of the fact that such dog
or cat has been licensed, or is otherwise not required to bear a tag at the
time, shall be on the owner of the dog or cat.
Section 3-15 What a dog or cat. license shall consist of.
1
A dog or cat license shall consist of a license receipt and a metal tag.
The tag shall be stamped or otherwise permanently marked to show the
jurisdiction issuing the license, the sex of the dog or cat, the calendar year
for which issued and bear a serial number.
Section 3-16. Duplicate license tags.
If a dog or cat license tag is .lost, destroyed or stolen, the owner or
custodian shall at once apply. to the Treasurer or his agent who issued the
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original license for a duplicate license tag, presenting the original license
receipt, Upon affidavit of the owner or custodian before the Treasurer or
his agent that the original license tag has been lost, destroyed or stolen, he
shall issue a duplicate license tag which the owner or custodian shall
immediately affix to the collar of the dog. The Treasurer or his agent shall
endorse. the number of the duplicate and the date issued on the face of the
•original license receipt. The fee for a duplicate tag for any dog or cat shall
be one dollar.
Section 3-17 DisalaXin^ receipts: dogs to wear tags.
Dog and cat license receipts shall be carefully preserved by the
licensees and exhibited promptly on request for inspection by any .animal
warden or other officer. Dog license tags shall be securely fastened to a
substantial collar by the owner or custodian and worn by such dog. It shall
be unlawful for the owner to permit any licensed dog four months old or
older to run. or roam at large at any time without a license tag. The owner
of the dog may remove the collar and license tag required by this section
when (i) the dog is engaged in lawful hunting, (ii) the dog is competing in
a dog show, (iii) the dog has a skin condition which would be exacerbated
by the wearing of a collar, (iv) the dog is confined, or (v) the dog is under
the immediate control of its owner.
Division 2. Running at Large Generally
Section 3 18 Running at large prohibited within certain zoned areas: "at,
large" defined; responsibility of owners or custodians=
It shall be unlawful for the owner or custodian of any dog to allow
such dog. to run at large at any time within any area in the County, except
those areas zoned A-1, Agriculture, Limited, and A-2, Agriculture, General.
This exception does not apply to mobile home or trailer parks in A-1 and
A-2 areas. Such dog shall be on a leash or under the immediate control of
the owner or custodian.
For the purposes of this section "at large" shall be taken to mean off
the premises of the owner and not under the control of the owner, his agent
or the custodian of the dog, by a leash, cord or chain; provided, that a dog
shall not be considered "at large" if, during the hunting season, it is on a
bona fide hunt in the company of a licensed hunter or during field trials or
training periods when accompanied by its owner or custodian.
It shall be the responsibility of owners or custodians of dogs which
would be residing outside one of the areas covered by this section, i.e., in
an unrestricted A-1 or A-2 area, to refrain from permitting such dogs to
roam in the areas covered by this section.
Section 3-19 Prohibited during certain months in certain areas.
It shall be unlawful for any person who owns or is .the custodian of
any dog to allow such dog to run at large during the following months:
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Hardy Magisterial District: The month of May. ,
Newport Magisterial District: The month of April.
Windsor Magisterial District: The month of June.
Section 3-20 Female doh or cats in season.
It shall be unlawful for the owner of any female dog or cat to permit
such dog or cat to stray from his premises while such dog or cat. is known,
' to such owner to be in season.
Division 3. Impoundment and Disposition.
Section 3 21 Du , to impound; animal reclaimable with yroof of ownership
and fee yavment.
---~.
Any dog or cat found. running at large shall be apprehended and
placed in the county pound for safekeeping and may be reclaimed by the
owner or custodian, upon showing satisfactory proof that. he or she is the
owner or custodian of such dog or cat and upon payment of such
impoundment and board fees as are established by the Board of Supervisors
of Isle of Wight County, Virginia.
Section 3-22. Disposition Qenerally if dog or cat unclaimed.
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(a) Any animal which has been so confined in the County animal
pound shall be kept for a period not less than five days, such period to
commence on the day immediately following the day the animal is initially
confined in the facility, unless sooner claimed by the owner. thereof.
(b) Either a custodian of an animal or an individual who has found
an animal may qualify as owner and may claim the animal by expressing
his desire in writing to claim the animal at the expiration of the .five-day
period set out herein after payment of the required license fee. In the event
that any animal confined pursuant to this section is claimed by its rightful
owner, the owner shall only be charged with the actual expenses incurred
in keeping the .animal impounded. If the rightful owner claims the animal
at any time, the .custodian or finder shall relinquish possession of the animal
to the rightful owner. If the animal has not been claimed, it may be
humanely destroyed or disposed of by sale or gift to a federal agency, state-
supported institution, agency of the Commonwealth, agency of another
state, or a licensed federal dealer having its principal place of business
located within the Commonwealth, provided that such agency, institution
or dealer agrees to confine the animal for an additional period of not less
than five days, or by delivery to any local humane society, shelter, or to any
person who is a resident of the County or adjoining or nearby City or
County and who will pay the required license fee, if any, on such animal.
The operator or custodian of the pound shall. make a reasonable effort to
ascertain if the animal has a tag, license, or tattooed identification. If such
identification is found on the animal, a reasonable effort shall be made to
return the animal to its owner or place the animal for adoption before
humanely destroying the animal. Such animal may not be disposed of by
sale or gift to a federal agency, state-supported institution, agency of the
24
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Commonwealth, agency of another state, or a licensed federal dealer. Such
identified animal shall be held for five days more than the holding period
prescribed in subsection (a) of this section. If the. rightful owner of any
animal confined maybe readily identified, the operator or custodian of the
pound shall make a reasonable effort to notify the owner of the animal's
confinement within the next forty-eight hours following its confinement.
The animal may also be delivered to any person who proposes to adopt it
as a pet and who will pay the required license fee, if any, on the animal;
however, no more than two animals or a family of animals shall be
delivered during any thirty-day period to any one such person.
No provision herein shall prohibit the destruction of a critically
injured or critically ill animal for humane purposes. Any animal destroyed
pursuant to the provisions of this chapter shall be euthanized by one of the
methods prescribed or approved by the State Veterinarian. The governing
body shall require that the pound be accessible to the public at reasonable
hours during the week. Nothing in this section shall be construed to
prohibit. confinement of other companion animals in such a pound or
enclosure. Neither shall any provision in this section prohibit the
destruction, for humane purposes, of any animal not weaned, whether or
not the animal is critically injured or critically ill.
For the purposes of this section, the term "animal" shall not include
agriculture animals.
Section 3-23 Adoption of hunting doQS•
In addition to the foregoing provisions of section 3-22, a person who
wishes to adopt a dog of hunting breed. extraction may do so for the same
fees required under section 3-22; provided, #hat such person agrees to retain
the dog for at least twenty-one days, putting a collar and name tag on the
.dog immediately; provided, further, that during the twenty-one days, such
person may test the dog to determine if such dog will "hunt", and if such
dog will not "hunt", such person may return the dog to the county pound
for a full. refund; provided, further, that during the twenty-one day trial
period, such person agrees to be fully legally responsible for any damage
such dog might do, including the killing or injuring of livestock and/or
fowl; and provided, further, that such person must agree not to sell the dog
for a period of one year. and that, during the one year period, if the person
finds that the dog does not meet his/her needs, the person shall return the
dog to the county pound but, after the initial twenty-one days, will not be
entitled to any refund for money paid to the county.
Division 4. Dangerous or Vicious Dogs.
Section 324 Vicious or destructive and certain other dogs running at large
(a) As used in this section, "dangerous dogs" means a canine or
canine crossbreed which has bitten, attacked, or inflicted injury on a person
or companion animal, other than a dog, or killed a companion animal, and
"vicious dog" means a canine. or canine crossbreed which has (i) killed a
person; (ii) inflicted serious injury to a person, including multiple bites,
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serious disfigurement, serious impairment of health, or serious impairment
of a bodily function; or (iii) continued to exhibit the behavior which resulted
in a previous finding by a court that it is a dangerous dog, provided that
its owner has been given notice of that finding.
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u
' (b) Any animal warden who has reason to -believe that a canine or
canine crossbreed within his jurisdiction is a dangerous dog or vicious dog
shall apply to a magistrate of the jurisdiction for the issuance of a summons
' requiring the .owner or custodian, if known, to appear before a general
district court at a specified time. The summons shall advisee the owner of
the nature of the proceeding and the matters at issue. The animal warden
or owner shall confine the animal until such time as evidence shall be heard
and a verdict rendered. The court, through its contempt powers, may
compel the owner, custodian or harborer of the .animal to produce the
animal. If, after hearing the evidence, the court finds that the animal is a
dangerous dog, the court shall order the animal's owner to comply with the
provisions of this Chapter. If, after hearing the evidence, the court finds
that the animal is a vicious dog, the court shall order that the animal be
euthanized in accordance with the provisions of Section 3.1-796.119 of the
Code of Virginia.
(c) No canine or canine crossbreed shall be found to be a dangerous
dog or vicious dog solely because it is a particular breed, nor shall the local
governing body prohibit the ownership of a .particular breed of canine or
canine crossbreed. No animal shall be found to be a dangerous dog or
vicious dog if the threat, injury or damage was sustained by a person who
was (i) committing, at the time, a crime upon the premises occupied by the
animal's owner or custodian, (ii) committing, at the time, a willful trespass
or other. tort upon .the premises occupied by the animal's owner or
custodian or (iii) provoking, tormenting, or physically abusing the .animal,
or can be shown to have .repeatedly provoked, tormented, abused, or
assaulted the animal at other times.. No police dog which was engaged in
the performance of its duties as such at the time of the acts complained of
shall be found to be a dangerous dog. or a vicious dog. No animal which,
at the time of the acts complained of, was responding to pain or injury, or
was protecting itself, its kennel, its offspring, or its owner or owner's
property, shall be .found to be a dangerous dog or a vicious dog...
(d) The owner of any animal found by a court to be a dangerous
dog shall, within ten days of such finding, obtain a dangerous dog
registration certificate from the animal warden for a fee of fifty dollars in
addition to other fees that may be authorized by law. The local animal
warden shall also provide the owner with a uniformly designed tag which
identifies the .animal as a dangerous dog. The owner shall affix the tag to
the animal's collar and ensure that the animal wears that collar and tag at
all times. All certificates obtained pursuant to this subsection shall be
renewed annually for the same fee and in the same .manner as the initial
certificate was obtained.
(e) All certificates or renewals thereof required to be obtained under
this section shall only be issued to persons eighteen years of age or older
who present satisfactory evidence (i) of the animal's current rabies.
eo~K 15 ~~j:~630
vaccination, if applicable, -and (ii) that the animal is and will be confined in
a proper enclosure or is and will be confined inside the owner's residence
or is and-will be muzzled and confined in the owner's fenced-in yard until
the proper enclosure is constructed. In addition, owners who apply for
certificates or renewals thereof under this section shall not be issued a
certificate or renewal thereof unless they present satisfactory evidence that
•(i) their residence is and will continue to be posted with clearly. visible signs
warning both minors and adults of the presence of a dangerous dog on the
property and (ii) the animal has been permanently idEntified by means of
tattoo on the inside thigh or by electronic implantation.
(f) While on the property of its owner, an animal found by a court
to be a dangerous dog shall be confined indoors or in a securely enclosed
and locked structure of sufficient height and design to prevent its escape or
direct contact with or entry by minor, adults, or other animals. The
structure .shall be designed to provide .the animal with shelter from the
elements of nature. When off its ownef s property, an animal found by a
court to be a dangerous- dog shall be kept on a leash and muzzled in such
a manner as not to cause injury to the animal or interfere with the animal's
vision or respiration, but so as to prevent it from biting a person or another
animal.
(g) If the owner of an animal found by a court to be a dangerous.
dog is a minor, the custodial parent or legal guardian shall be responsible
for complying with all requirements of this section.
(h) After an animal has been found by a court #o be a dangerous
dog, the animal's owner shall. immediately, upon learning of same, notify
the local animal control authority if the animal (i) is loose or unconfined; (ii)
bites a person or attacks another animal; (iii) is sold, given away, or dies;
or (iv) has been moved to a different address.
(i) The owner of any animal which has been found by a court to be
a dangerous dog who willfully fails to comply with the requirements of this
section shall be guilty of a Class 1 misdemeanor.
Division 5. Rabies Control Generally
Section 25 Declaration of rabies emergencie_____s: disposition of animals
su~ected as rabid.
When there is sufficient reason to believe that a rabid animal is at
.large, the Board of Supervisors shall .pass an emergency ordinance, which
shall become effective immediately upon passage, requiring owners of all
dogs and cats therein to keep the same confined on their premises unless
leashed under restraint of the owner in such a manner that persons or
animals will not be subject to the danger of being bitten by the rabid
animal.. Any such emergency ordinance shall be operative for a period not
to exceed thirty days, unless renewed by the Board of Supervisors. The
Board of Supervisors shall. also have the power and authority to -pass
ordinances restricting the running at large of dogs and cats which have not
been inoculated or vaccinated against rabies and. to provide penalties for the
1
r-
27
ea~K 15 ~a~:~6:31
1
violation thereof.
Dogs or cats showing active signs of rabies or suspected of having
rabies shall be confined. under competent observation for such a time as
may be necessary to determine a diagnosis.. If confinement is impossible or
impracticable, such dog or cat shall be euthanized by one of the methods
approved by the State Veterinarian.
' Every person having knowledge of the existence of any animal
apparently afflicted with rabies shall report immediately to the local health
department the existence of such animal, the place where seen, the owner's
name, if known, and the symptoms suggesting rabies.
Any dog or cat, for which no proof of current rabies vaccination is
available, and which is bitten by an animal believed to be afflicted with
rabies, shall be confined in a pound, kennel or enclosure approved by the
health department for a period not to exceed six months at the expense of
the owner; however, if this is not feasible, the dog or cat. shall be euthanized.
by one of the methods approved by the State Veterinarian. A rabies
vaccination shall be administered prior to release. An activated rabies
vaccine maybe administered at the beginning of confinement. Any dog or
cat so bitten, with proof of a valid rabies vaccination, shall be re-vaccinated
immediately following the bite and shall be confined to the premises of the
owner, or other site as may be approved by the local health department, for
a period of ninety days.
1
At the discretion of the director of the local health department, any
animal which has bitten a .person shall be confined. under competent
observation for ten days, unless the animal develops active symptoms of
rabies or expires before that time. A seriously injured or sick animal may
be humanely euthanized and its head sent to the division of consolidated
laboratory services of the department of general services, or to the local
health department, for evaluation.
The motion passed (3-2) with Chairman Spady and Supervisors
Edwards and Cofer voting in favor and Supervisors Bradby and Bradshaw
voting in opposition to the motion.
Supervisor Edwards moved the Board table the staff's.
recommendations regarding animal control to the March 17,1994 meeting.
The motion was unanimously (5-0) adopted.
Chairman Spady called for a public hearing on the following rezoning:
1
The application. of William A. Mobley for a change in zoning
classification from A-1, Agricultural Limited to C-M-1,
Conditional Industrial Limited, approximately one (1) acre of
land located on the east side of Hunt Club road (Route 630) at
30313 Hunt Club Road, Windsor Magisterial District. The
purpose of the application is for the storage of contracting
equipment.
28
eoaK 15 ~N,..63?
Chairman Spady called for persons to speak in favor of or in
opposition to the application.
Dan Crumpler, attorney representing Mr. Mobley, stated Mr. Mobley
has lived on this parcel for fifteen years and the business for which he is
requesting a conditional rezoning has been apart-time landscaping business
.for approximately seven years. Mr. Crumpler further stated for the past
two. years Mr. Mobley has been running afull-time business of maintaining ,
roads for Union Camp in Franklin and upon seeking a business license from
the County to run his business Mr. Mobley was informed his property was
not properly rezoned. Mr. Crumpler stated of the four adjoining property
owners, Mr. Dunnagan was the only complainant, until he appeared at a
local crime watch group and persuaded approximately thirteen individuals
to sign a petition voicing their opposition for this business to be allowed in
their community. Mr. Crumpler stated during the time Mr. Mobley has
been running his operation he has never received any complaints regarding
the operation of the business and the other three .adjoining landowners,
Union Camp, the Brocks and the Fowlers, all support the application. Mr.
Crumpler stated the concerns of the complainants are that the operation of
his business would have a negative impact. on their home values although
Union Camp presently runs a sand pit nearby which has not had a negative
effect on their home values. Mr. Crumpler stated the petition also stated
Mr. Mobley's operation would result in greater noise and disturbances in
the community, yet in the past years no one has ever complained and no
additional noise is expected as a result of this rezoning being approved.
Mr. Crumpler stated the petition also referred to the road being too narrow
and having a sharp curb which could create hazards for school buses
traveling this road. Mr. Crumpler argued Mr. Mobley has as much right to
use the public highway as any citizen as long. as he operates his vehicles in
a safe manner and in conformance with the law and Mr. Mobley has
presented that he is going to improve the visibility of the sharp curb by
cutting down brush .and .trees along the curb.. Mr. Crumpler stated Mr.
Mobley has two dump trucks and one tractor trailer and utilizes the road
only to leave in the morning and return in the evening. Mr. Crumpler
stated Mr. Mobley has also proffered the following six conditions: (1) The
property will be used only for the storage and maintenance of Mobley
Construction Company equipment,. (2) A privacy fence six feet (6') in height
shall be erected across the property to block the view of the equipment
from the road and the wooded buffer will remain intact around the
remaining perimeter of the property, (3) The equipment will not be
operated before 6:00 a.m. or after 9:00 p.m., Monday through Saturday, with
no operation on Sundays, (4) The use of the property will only be for a
period of not to exceed two (2) years, (5) No more than twelve (12) pieces
of equipment will be stored on the property at any one time, and (6) The
wooded area on the sharp curve on Hunt Club Road which blocks visibility
will be cleaned off to enhance visibility. Mr. Crumpler stated Mr. Mobley
intends to expand his business and feels .that within two years he will be
financially able to leave the. site. Mr. Crumpler presented the Board with
three- petitions signed by twenty-seven County residents requesting that the
rezoning be approved with the proffered conditions.
Carlton Butler of Carrsville appeared in favor of the rezoning stating
29
it would bother him to think that because some one did not like his farming
equipment that it would jeopardize his livelihood. .
i
1
Gene Capps of Hunt -Club Road appeared in opposition to the
rezoning stating he believed every man should have the right to have .their
' American dream; however, he would like for Mr. Mobley to address the
noise. issue as there. are sixteen residences located within 2,400 feet of his
operation.
Alan Poe of Hunt Club Road appeared in opposition to the rezoning
because of the heavy equipment which must travel along the narrow `road
and because the area is not an atmosphere conducive to this type of
operation. Mr. Pope stated he did nvt believe asix-foot privacy fence
would eliminate the view of heavy equipment and he also did not agree
with the hours of operation on Saturdays..
Sharon Harrell of Blackwater Point appeared in opposition to .the
rezoning due to the noise and heavy equipment.. Ms Harold stated she was
also concerned with the spot zoning which will set a precedent.
Hubie Dunnagan of Hunt Club Road appeared in opposition to the
rezoning because of the heavy equipment and noise in a residential area.
Supervisor. Bradshaw stated all conversations with residents in the
area have been in favor of the rezoning anc~ he has not received any calls
in opposition to the rezoning. Supervisor. Bradshaw further stated he
understood the concerns of the citizens and realizes there are conflicts when
changes of this type come upon the County. Supervisor Bradshaw stated
our country was founded on democracy and the freedom of individuals and
that he believes it is Mr. Mobley's responsibility as a businessman to work
with the citizens in the area and community and understand their .needs.
Supervisor Bradshaw stated Mr. Mobley's business is a legitimate, family-
run operation that is clean, sound and environmentally safe.. Supervisor
Bradshaw stated in order for the County to survive and grow, it must have
businesses, and if the Board denies the rezoning it is sending the message
that the County does not want these types of businesses which fund
additional taxes to build the schools that the County needs to build and
establish the education for the County's children for future generations.
Supervisor Cofer pointed out that if the Board approves Mr. Mobley's
request, the next time a proposal arises from a residential neighborhood,
regardless of the type, the Board will be hard pressed to deny it for any
reason because the Board. is setting a precedent.
1
Supervisor Bradby stated Mr. Mobley's request is a reasonable one
and that rezonings should be considered on a case-by-case basis.
Chairman Spady stated he would be against the rezoning if not for the
proffers offered by Mr. Mobley, particularly the two-year time limit.
Mr.:Crumpler stated regarding .the proffers made at the Planning
Commission, a few were added to address the concerns mentioned at the
30
eo~w ~ 15 ~A,:~634
Planning Commission meeting, specifically the two-year time limit and the
number of equipment not exceeding the amount of equipment he has now.
Chairman Spady asked if Mr. Mobley would consider installing an
eight-foot fence rather than the proffered six-foot fence.
Mr. Mobley indicated he would install an eight-foot fence.
County Attorney Crook stated the Board cannot change the proffers
which were submitted in writing, however, Mr. Mobley can offer to install
an eight-foot fence,
Supervisor Bradshaw moved the Board approve the rezoning with
conditions as presented by Mr. Mobley. The motion passed (4-1) with all
members voting in favor except Supervisor Cofer who voted in opposition
to the motion.
Chairman Spady called for a public hearing on the Federal.
Transportation Enhancement Program.
Mr. Caskey stated the Federal Intermodal Surface Transportation
Efficiency Act of 1991 encourages development of intermodal transportation
systems and promotes environmental awareness. Mr. Caskey stated the
County is eligible for application under this grant program and up to 80%
of the transportation enhancement project may be financed under .the
program with the remaining 20% being the responsibility of the public or
private. sources. Mr. Caskey .stated the local match may be an inkind
contribution of tangible property and professional services directly related
to the project and the deadline for the application is March 31, 1994. Mr.
Caskey stated County staff has proposed two resolutions referencing two
separate projects for consideration for funding.
Chairman Spady called for .citizens to speak in favor of or in
opposition to the proposed Program.
John Edwards, a representative of Historic Smithfield, Inc., spoke in
support of the Program. Mr. Edwards further stated Smithfield proposes
to apply for a project with the Board's endorsement to continue the work
on Main Street in Smithfield.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT
FUNDS FROM THE VIIZGINIA DEPARTMENT OF TRANSPORTATION
FOR A ROUTE 258 SCENIC CORRIDOR/OPEN SPACE
ENHANCEMENT PROJECT
WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary -that a .request by
resolution be received from the local government or State agency in order
that the Virginia Department of Transportation program an enhancement
project in Isle of Wight County.
31
WHEREAS, the Board of Supervisors of Isle of Wight County requests .
the Commonwealth Transportation Board to establish a Route 258 Scenic
Corridor/Open Space Enhancement Project.
i
NOW, THEREFORE, BE TT RESOLVED that Isle of Wight County
' hereby agrees to pay 20 percent of the total cost for planning and design,
right of way, and construction of this project, and that, if the County
subsequently elects to cancel this project, .the County hereby agrees to
' reimburse the Virginia Department of Transportation for the total amount
of the cost expended by the Department through. the date the Department
is notified of such cancellation
BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of
Wight County directs that appropriate letters of endorsement be solicited
from those agencies or groups having an interest in the procurement of this
project.
The motion was unanimously (5-0) adopted.
Supervisor Edwards moved the Board adopt the following, resolution:
RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT.
FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION
FOR A COUNTY BIKEWAY TRAIL SYSTEM AND FACILITIES PLAN
1
WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by
resolution be received from the local government or State agency in order
that the Virginia Department of Transportation program an enhancement
project in Isle of Wight County.
WHEREAS, the Board of Supervisors of Isle of Wight County requests
the Commonwealth Transportation Board to fund an Isle of Wight County
Bikeway Trail System and Facilities Plan
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of
Supervisors of Isle of Wight County hereby agrees to pay ZO percent of the
total cost, and that, if the County subsequently elects to cancel this project,
the County hereby agrees to reimburse the Virginia Department of
Transportation for the total amount of the cost expended by the Department
through the date the Department is notified of such cancellation.
BE IT FURTHER RESOLVED. that the Board of Supervisors of Isle of
Wight County directs that appropriate letters of endorsement be solicited
from those agencies or groups having an interest in the procurement of this
project.
1
The motion was unanimously (5-0) adopted.
County Attorney Crook recommended the County have a resolution
prepared and brought back to the Board concerning the endorsement of the.
Smithfield revitalization project.
32
eo~K 15:A~:-63fi
~~
Supervisor Bradshaw moved the Board take alive-minute break at
8:25 p.m. Upon returning to open session at 8:40 p.m, Chairman Spady
called for the continuation of the County Attorney's report..
' County Attorney Crook distributed to the Board a copy of the
Subdivision Ordinance amendmtated he has summari~zedpthe s afYs study
prepared by him. Mr. Crook s
and suggests the Board adopt the policy with an amendment that the
installation cost be absorbed by the requesters of the street lighting for
existing areas. and in the Subdivision Ordinance that flexibility be added
that the Department of Community Development can accept and approve
street lighting in new developments that does not necessarily comply with
the standards of the street lighting policy, that is if alternative street lighting
can be provided that is more suitable for the development than the
standardized criteria under the street lighting policy.
Supervisor Cofer moved the Board authorize the County Attorney to
advertise the amendment that the installation cost would be absorbed by
the requester of the street lighting for existing areas and add flexibility in
the Subdivision Ordinance that the Department of Community
Development can accept and approve street lighting in new developments
that do not comply. with the standards of the street lighting policy if
alternative street lighting can be provided .that is more suitable for the
development than the standardized criteria under the street lighting policy.
The motion was unanimously (5-0) adopted.
County Attorney Crook reported that he has met with the volunteer
fire departments and: rescue squads in the County to assist them in
organizing a countywide Volunteer Firemen and Rescue Squads
Association. Mr. Crook. stated the Association is attempting to form the
Association to review their capital improvements needs, present a CII'
budget to the CIP Committee and the Board, and speak for capital needs on
a County-wide basis. Mr. Crook stated at a meeting scheduled for March.
16,1994, the. Association will adopt their articles of association and by-laws
prepared. by him.
County Attorney Crook stated per Board direction he had written a
letter to the City Attorney for the City of Portsmouth regarding that city's
proposed. Watershed Ordinance and copied the Board members for their
information.
Mr. Crook stated he has prepared a conditional zoning amendment
to .use the impact study proffers by Tischler & Associates for the Board,
however, since the Board tabled the matter of fees earlier in the meeting, he
will hold. off from advertising until the .Board is ready.
//
.Chairman Spady called for the County Administrator's report.
1
1
33
BONN 15~~N~:~637.
1
Phillip Sherman, Codes Inspector with the Inspections Department,
employed with the County since May of 1993, stood and was recognized by
the Board.
M. Christine Ledford, Budget & Finance Director, stated the County
is completing its second year of self funding for insurance. Ms. Ledford
introduced Sandy Bremner with H. L. Duke & Company who has initiated
bids on reinsurers.
Mr. Bremner stated the status of the County's plan shows an excess
of $127,000 in funds and although the County has experienced some large
claims this year, they have not had a major impact on the overall program.
Mr. Bremner stated H. L. Duke received three competitive .bids on various
quotes from reinsurers of which the Commercial Union bid was the most
competitive and also addressed some of the problems the County Attorney
has with the current. contract.
Supervisor Cofer pointed out that this is the third year with no
increase in rates to County employees while retaining the same benefits.
.Supervisor Bradby moved the Board authorize the County
Administrator to apply to Commercial Union for reinsurance for the 199495
plan year. The motion passed (40) with Supervisor Cofer abstaining.
Supervisor Edwards moved the Board adopt the following resolution:
1
RESOLUTION SUPPORTING THE CONTINUATION OF
THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT
FUNDING FOR OFFICES ON YOUTH
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia is committed to having identified, developed, coordinated, and
delivered to youth such services in the County that will foster wholesome
youth. development and the prevention of juvenile delinquency; and,
WHEREAS, the Board of Supervisors has established the Isle of Wight
County Youth Services Citizens Advisory Board and the Isle of Wight
County Office on Youth to assess and plan for youth needs in the County
and to coordinate existing .services and provide other .services to meet
identified needs; and,
WHEREAS, the County of Isle of Wight has been the recipient of
funding authorized under the Virginia Delinquency Prevention and Youth
Development Act and administered by the Department of Youth and Family
Services for the above-mentioned purposes; and,
1
WHEREAS, even though such efforts are clearly a State responsibility
and should not be at local cost, it has become apparent that Delinquency
Prevention and Youth Development Act funds may not be included in the
FY1994-96 biennium budget of the Commonwealth of Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
34
___
~ooK 15 ~M~:~638
Board of Supervisors of .the County of Isle of Wight, Virginia supports the
restoration and continuation of Delinquency Prevention and Youth
Development Act funds in the FY1994-96 biennium budget of the
Commonwealth of Virginia.
The motion was unanimously (5-0) adopted.
Supervisor Bradshaw moved the Board adopt the following resolution: ,
RESOLUTION TO AMEND THE BY-LAWS OF
THE VIRGINIA ASSOCIATION OF COUNTIES
WHEREAS, most Virginia political subdivisions have long since
adopted election laws which elect office holders by specific districts in lieu
of being "at-large" representatives; and,
WHEREAS, the Virginia Association of Counties elects its regional
representatives by votes cast by all member counties regardless of the
region in which they are located; and,
WHEREAS, there are large urban counties which have more votes
than entire regions in other parts of the Commonwealth; and,
WHEREAS, this procedure has the potential to enable a single county
to cancel the unanimous decision of a particular region to be represented
by its own choice.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight respectfully requests
that Article lX, Section 2 of the By-laws of the Virginia Association of
Counties be amended to reflect that "...twenty-two members elected on a
"one person -one vote" basis from the member counties located within the
region that Board of Directors member will represent."
The motion was unanimously (5-0) adopted.
Regarding the resolution included in the agenda to appropriate
$71,272 or so much as shall be available as of this date from the remaining
balance of the 1990 bond issue proceeds for the County complex
improvements, Supervisor Bradby questioned whether or not the money
could be used for the Rushmere Volunteer Fire Department for the purpose
of adding a kitchen and meeting room,
Supervisor Edwards suggested that lighting be installed at the Courts
building and requested the County Administrator come. back with cost
estimates for accomplishing this at the Board's March 17, 1994 meeting.
Supervisor Cofer suggested that the County Administrator bring back
a cost estimate for a storage tank to be installed on the Courthouse complex
for fire suppression purposes at the Board's March 17, 1994 meeting.
Supervisor Bradshaw noted the resolution referred to proceeds being
35
BOQN 15 ~ar,'U~,)~7 .
appropriated to the line item Coun of WP1 ht 1 andr asked f phis eexcludes
94 budget of the County of Isle g
Supervisor Bradby's concerns.
Ms. Ledford stated the original resolution for the $5 million stated
County complex improvements, which included the E-911 building, and
which may exclude the Rushmere Volunteer Fire Department as the County
cannot approve this money for other uses unless the Board amends the.
original resolution.
Following Ms. Ledford's comments, the Board tabled consideration of
the resolution to appropriate $71,272 or so much as shall be available as of
this date from the remaining balance of the 1990 bond issue proceeds for
the County complex improvements and requested the County Administrator
to research whether or not the original $5 million bond issue resolution can
include improvements to the Rushmere Volunteer Fire Department and
report back to .them at their March 17, 1994 meeting.
Regarding the resolution included in the agenda for the creation of an
Institute of .Government for Virginia, Supervisor Bradshaw questioned if
this formula is based on 100% participation and what would happen if 50%
of the other localities do not participate.
it
County Administrator Standish stated it is on a pro-rata share based
upon population, of which Isle of Wight County is responsible for $3,800.
Mr. Standish stated it is possible for the County to drop out if the
participation rate declines..
The Board tabled consideration of the resolution included in the
agenda for the creation of an Institute of Government for Virginia and
requested further details regarding strategic plans for the future on the
matter.
Donald T. Robertson, Assistant to the County Administrator, stated
the Tidewater Emergency Medical Services Council, Inc. ITEMS) has applied
for and received a grant from the Virginia Rescue Squad Assistance Fund
for 80% of the purchase price of ten mass casualty trailers of which one
would be located in each of the participating localities for local/regional
emergencies. Mr. Robertson stated TEMS has indicated the mass casualty
trailers would be single-axle, approximately ten feet long, five feet high and
five feet wide, and accommodate fifty stretchers per unit. Mr. Robertson
noted initially the .County would be purchasing only the trailer. with
recommendations from a committee concerning the minimum requirements
of equipping the unit.
Supervisor Cofer moved the Board table .consideration of the
.resolution included in the agenda to appropriate $540 to purchase a mass
casualty trailer and refer the matter to the Volunteer Firemen and Rescue
Squads Association for their consideration and recommendation to the
Board. The motion was unanimously {5-0) adopted.
Supervisor Cofer moved the Board adopt the following resolution:
36
Qo^N 15 ~a~;~640
RESOLUTION TO ACCEPT AND APPROPRIATE
FOUR THOUSAND SIX HUNDRED
SIXTY-TWO DOLLARS
FROM THE COMMONWEALTH OF VIIZGIlVIA FOR THE
DRUG FREE SCHOOLS PROGRAM
' WHEREAS, the School Board of the County of Isle of Wight, Virginia
has received a carryover grant for the Drug Free Schools Program; and,
1
WHEREAS, the funds in the amount of four thousand six hundred
and sixty-two .dollars ($4,662) need to be appropriated to the School grant
fund in the 1993-94 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors. of the County of Isle of Wight, Virginia that four
thousand six hundred and sixty-two dollars ($4,662) be appropriated to line
item Drug Free Schools Program in the 1993-94 budget of the County of Isle
of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant and to do all the things
necessary to give this resolution effect.
The motion was unanimously (5-0) adopted.
Supervisor Bradshaw moved the Board direct the County
Administrator to issue an RFP for audit services. The motion was
unanimously (5-0) adopted.
County Administrator Standish stated regarding the County's audit
for the upcoming year, the matter can be put to bid or negotiate with
Goodman & Company as the County has the opportunity to extend their
contract year by year at a fee to be negotiated.
County Administrator Standish noted $5,571.49 was collected by the
delinquent real estate tax attorney at a cost of $1,452.51, which represents
26% of the amount. collected.
//
Chairman Spady called for Old Business.
,Upon there being no old business for- discussion by the Board,
Chairman Spady called for New Business.
Supervisor Bradshaw requested staff to provide a manual of County
Boards and appointments to the -Board members and Constitutional
Officers.
/I
LJ
1
37
80~~ 15 ~r~;'V4~
Chairman Spady called for Appointments.
1
Supervisor Bradshaw moved. the Board .appoint Theodore Hardison
representing the Carrsville district for afour-year term to the Transportation
Safety Committee. The motion was unanimously (5-0) adopted.
Supervisor Bradshaw moved the Board appoint Vivian Lewis to the
Isle of Wight Substance Abuse Advisory Council representing the Carrsville
District. The motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board appoint Margaret Jones to the
Community Diversion Incentive Program.. The motion passed (4-0) with
Supervisor Edwards abstaining. .
Supervisor Bradby moved the Board reappoint Virtley Bradby
representing the Hardy District for an additional three-year term to the
Commission on Aging. The motion was unanimously (5-0) adopted.
Supervisor Bradby moved the Board reappoint Natalie Bradby
representing the Hardy District for an additional three-year term to the
Commission on Aging. The motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board .reappoint Steve W. Edwards for
an additional four-year term to the Public Service Authority. The motion
was unanimously (5-0) adopted.
1
Supervisor Cofer moved the Board reappoint O. A. Spady for an
additional four-year term to the Public Service Authority. The motion was
unanimously (5-0) adopted.
Supervisor. Edwards moved the Board reappoint Wilson E. Holland
representing the Windsor District for an additional five-year term on the.
Wetlands Board. The motion was unanimously (5-0) adopted.
Supervisor Edwards moved the Board appoint O. A. Spady as the
Board's representative on the Fair Committee. The motion was
unanimously (5-0) adopted.
//
Chairman Spady called for approval of the January 20,1994. minutes.
Upon recommendation of County Attorney Crook, Supervisor Cofer
moved the Board adopt the January 20, 1994 minutes. The motion was
unanimously (5-0) adopted.
/1
Supervisor Edwards moved the Board enter executive session under
Section 2.1-344 Al of the Freedom of Information Act to discuss two
personnel matters and under Section 2.1-344 A7 of the Freedom of
Information Act for potential litigation. County Attorney Crook asked if
38
eooK 15 ~a~:-64?
Supervisor Edwards could be more specific without naming the person or
persons involved. Supervisor Edwards responded that the County
Administrator has a matter involving employment and his reques# involved
enforcement of County policies by certain personnel. The motion was
unanimously (5-0) adopted.
Upon returning to open session at 9:47 p.m., Supervisor Bradshaw
moved the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
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, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive 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 executive meeting to which this
certification resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were heard,
discussed or considered by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING:. 0
The motion was unanimously (5-0) adopted.
County Administrator Standish announced the selection of Lynn P.
Harris as the Economic Development Director for the County.
At 9:48 p.m., Supervisor Cofer moved the Board adjourn. The motion
was unanimously (5-0) adopted.
ti~~ ~----
Myles ~. Standish, Clerk
~~
O. A. dy, Cha an
1
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