11-16-1995 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF NOVEMBER IN THE
YEAR NINETEEN HUNDRED NINETY FIVE
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PRESENT: Malcolm T. Cofer, Chairman
Phillip A. Bradshaw, Vice Chairman
O. A. Spady
Henry H. Bradby
Lud Lorenzo Spivey
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Cofer called the meeting to order at .6:00 p.m. The
invocation was delivered by Supervisor Bradshaw.
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Supervisor Bradshaw moved the Board amend the agenda to .hear a
special presentation from the Veterans Day Committee.
Grace Keen, Co-chairman of the Veterans Day Committee, presented
the Chairman with a plaque of appreciation for the Board of Supervisors
and a plaque designating the County as a World War II Commemorative
Community. Ms. Keen further presented the Board with a commemorative
flag which was, in turn, presented to Alan Nogiec for use at the Isle of
Wight Museum.
Debra Weir, Alan Nogiec, Pat Kessler, State Trooper Kessler, Sam
Naibauer, Jerry Naber, Les Bryge, Martha Grace, Evelyn Chandler and Bob
Hannon were recognized and presented lapel pins of appreciation for their
efforts in the Committee.
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Chairman Cofer indicated the following Consent Agenda included
Items 1, A and B, and asked if there were any items for removal:
A. Elimination of Per Diem Reimbursement for. State Prisoners
B. Delinquent Real Estate .Tax Collection Monthly Report
There being no items requested by the Board members for .removal,
Supervisor Spady moved the Board approve the Consent Agenda. The
motion was adopted unanimously (5-0).
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Chairman Cofer called for Transportation Matters.
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R. Bryan David, Director of Planning and Zoning, stated the Resident
Engineer has investigated the availability of funding under the Industrial
Access, .Recreational Access and New Additions Programs and has
determined that based on the criteria for each of these programs, Brown's
Marina Road does not qualify at this time for inclusion. under the State
Secondary Road System.
Following Supervisor Spady's inquiry, Mr. David responded he would
report back to the Board on the number of boats which must be built in
order for Brown's Marina Road to qualify for industrial access grant funds.
Mr. David noted Joyner's Bridge Road will be closed to through traffic
between Route 629 and Route 641 beginning at 8:00 a.m., December 6, 1995
for approximately 120 days.
Mr. David noted Route 258 between Routes 460 and 603 will be closed
to through traffic from 8:00 a.m. to 5:00 p.m. on November 20-22, 1995.
Mr. David requested the Board's approval of the acceptability of the
VDOT haul route for excavated material from the Midtown Elizabeth River
Tunnel, as it relates to .the replacement of the water line piping.
Supervisor Spady moved the Board approve the haul route as
requested by VDOT. The motion was adopted unanimously (5-0).
The Board further directed staff to investigate and resolve any. issues
related to the use and operation of the site where the material is to be
placed.
In response to R. L. Walker's request to have the ditches cleaned in
the Central Hill area, Chairman Cofer requested the County Administrator
to contact the Resident Engineer and seek his assistance.
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Chairman Cofer called for Citizens Comments.
Henry Bell expressed his concern with the .unsatisfactory condition of
the Pons Voting Precinct site's parking lot and the lack of a rest room
facility.
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Chairman Cofer called for the Community Development report.
A. The application of Wallace Hardy, Sr., for a Conditional Use.
Permit to locate a mobile home on two (2) acres of land to be
occupied by his granddaughter, Kimberly Futrell, at 14028
Burwells Bay Road.
Mr. David stated the Planning Commission voted unanimously to
recommend approval to the Board.
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Supervisor Bradby moved the Board approve the application. The.
motion was adopted unanimously (5-0).
B. The application of James A. Young for a Conditional Use Permit.
to locate. a mobile home for his mother, Cleo Young, on eighteen.
(18) acres of land situated on lot 5 in the Jenkins Mill
Subdivision.
Mr. David stated the Planning Commission tabled the matter at their
last meeting in order to further address a letter of opposition and deed
restrictions. Mr. David further stated there is no action required by the
Board at this time.
C. Theapplication of Keith and Cheryl Latimer for a Conditional
Use Permit to locate mobile home to be occupied by mother,
Mildred West, at 19315 Beechwood Lane.
Mr. David stated due to letters of opposition, the Planning
Commission will consider the application at their next meeting. Mr. David
further stated there. is no action required by the Board at this time. .
D. Subdivision plat of Lot 15 at Waterford, being a subdivision of
property of H. W. Roberson Co., Inc., Canteberry Lane (Route.
1018), Newport Magisterial District (Tax Parcel No. 3~1-97).
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Mr. David stated the Planning Commission recommends approval of
the plat to the Board.
Supervisor Spady moved the Board approve the plat. The motion was
adopted unanimously (5-0).
E. Moon Creek Farm -Partial Plat, Battery Park Road (Route 704),
Newport Magisterial District.
Mr. David presented a resolution to the Board for their consideration
which would advise individuals searching the title of this property that the
subject subdivision plat is void.
Supervisor Spady stated the applicant is contending that he did. pay
the necessary fees to have the plat recorded. although he cannot locate a
receipt for this action.
Mr. David stated the Clerk of Circuit Court indicated that he does not
have a record of such plat being .recorded in 1979.
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County Attorney Crook stated because the` plat was not recorded
within six months, technically no action is required by the Board. Mr.
Crook further stated he would recommend the Board adopt the resolution.
so that the resolution can be recorded in the Clerk of Circuit Court's office
along with the improperly recorded .plat.
Supervisor Spivey moved the Board adopt the following resolution:
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RESOLUTION TO DECLARE THE SUBDIVISION PLAT
ENTITLED "MOON CREEK FARM -PARTIAL PLAT,"
DATED APRIL 15, 1978, AND RECORDED ON MARCH 20, 1995,
IN THE OFFICE OF THE CLERK
OF THE ISLE OF WIGHT COUNTY CIlZCUIT COURT,
VIRGINIA, IN PLAT CABINET NUMBER 2, SLIDE NUMBER 20,
PAGE NUMBER 5, VOID PURSUANT TO SECTION 5-8
(CONDITIONS) OF THE SUBDIVISION ORDINANCE
OF THE COUNTY ISLE OF WIGHT, VIRGII~lIA.
WHEREAS, the subdivision plat entitled "Moon Creek Farm -Partial
Plat," dated .April 15, 1978, was recorded on March 20, 1995, in the Office
of the Clerk of the Circuit Court of the County of Isle of Wight, Virginia, in
Plat Cabinet Number 2, Slide Number 20, Page Number 5; and,.
WHEREAS, said subdivision plat was approved by the Subdivision
Agent of the County of Isle of Wight, Virginia, on January 16, 1979; and,
WHEREAS, Section 5-8 (Conditions) of the Subdivision Ordinance of
the County of Isle of Wight, Virginia, requires that the subdivider record the
approved plat within six (6) months after approval of the plat otherwise the
plat shall be void; and,
WHEREAS, more than six (6) months have elapsed between the
approval of said subdivision plat by the Subdivision Agent of the County
of Isle of Wight, Virginia, and the subsequent recordation of said
subdivision plat in the Office of the Clerk of the Circuit Court of the County
Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of .Supervisors
of the County of Isle of Wight, Virginia, that. the subdivision plat entitled
"Moon Creek Farm -Partial Plat", dated April 15, 1978, and recorded on
March 20, 1995, in the Office of the Clerk of the Circuit Court of the County
Isle of Wight, Virginia, in Plat Cabinet Number 2, Slide Number 20, Page
Number 5, is hereby declared void pursuant to Section 5-8 (Conditions) of
the Subdivision Ordinance 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 hereby directed to record this resolution
in the Office of the Clerk of the Circuit Court of the County Isle of Wight,
Virginia, and to do all things necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
F. In compliance with Section 5004 of the County's. Chesapeake
Bay Preservation Area Ordinance (CPA), the consultant for the
developer of the Cypress Creek Project has submitted a Water
Quality Impact Assessment (WQIA) far the golf course.
Mr. David stated the Planning Commission recommends unanimously
its approval to the Board subject to Section 5004 F.2 of the Chesapeake Bay
Area Ordinance.
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Supervisor Spady moved the Board approve the Water Quality Impact
Assessment (subject to Section 5004 F.2 of the Chesapeake Bay Area
Ordinance). The motion was adopted unanimously (5-0).
G. Camptown Convenience Center
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Mr. David stated the Board, at its October meeting, directed staff to
explore the feasibility of locating a convenience center on the wooded
portion of the site between the landfill and Lee's Mill Road and that County
staff had consulted with SPSA on design and liability issues which may
arise from locating such a center on top of the closed debris landfill. Mr.
David further stated to clear and grade .the wooded portion of the site
would cost approximately $30,000 and the proposed site .would require two
entrances which would be an additional cost. Mr. David continued John
Hadfield of SPSA has advised .that locating a center on the debris portion
of the landfill would not pose a significant risk for the County. Mr. David
stated with regard to methane gas, the debris portion is not vented, but the
sanitary side has gas vents. Mr. David noted should the Board wish to
proceed. with a center at this location, the Board must decide on the "hold
harmless" agreement with the City of Franklin, the processing of a SUP and,
if applicable, revising the closure .plans with DEQ are to be accomplished.
Supervisor Bradshaw requested the. matter be further reviewed by
him, the County Attorney and County staff regarding liability concerns.
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Supervisor Spady noted a concern with locating. a center on the
landfill site and stated the County would be better off to clear the wooded
site, if it could be accomplished at a reasonable expense.
H. Solid Waste Management System Update
Mr. David stated progress :has begun on the development of a
convenience center on Stave Mill Road. Mr. David stated in regards to a
transition plan, trash trucks must be taken off line and currently two routes
are being run. Mr. David stated when the Windsor center comes on line,
there will be five dumpster sites proposed for closure, at Collosse and
Yellow Hammer Roads, Kerr Drive, Knoxville Road and Buckhorn Drive.
Mr. David stated there may be an opportunity prior to the opening of the
Windsor site to utilize lowboy dumpsters which would eliminate two
heavily used places. Mr. David stated regarding the site in Rushmere, an
unmanned site is being proposed at the existing site and staff is pursuing
the-conversion of the existing dumpster site located on VDOT property at
the intersection of Old Stage Highway and the Route 10 Bypass to an
attended facility. Mr. David stated notices will be posted at sites advising
of closures with directional. signs to the new. sites.
Supervisor Spady moved the Board authorize staff to seek bids for six
"lowboy" containers and to place the containers at the existing Walters and
Camptown sites. The motion was adopted unanimously (5-0).
Supervisor Bradshaw directed that the Director of Public Works
request the Sheriff to monitor the convenience site at Carrsville.
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Mr. David noted a representative from the Corps of Engineers will be
present at the Board's December 21, 1995 meeting to provide additional
information on the .proposed dredging project at the Jones Creek
Navigational channel.
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Chairman Cofer called for the County Attorney's report.
County Attorney Crook relayed concerns from employees and
individuals appointed by the Board on various
boards/commissions/committees regarding inadequate lighting in the
vicinity of the parking area at the rear of the Courthouse.
County Attorney Crook relayed concerns from the Courts' staff
regarding lack of water at the Courthouse recently on several occasions.
County Attorney Crook stated he had eight matters for executive
session later in the meeting.
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Chairman Cofer called for the County Administrator's report.
Anne Faison Seward, Director of Budget and Finance, was formally
introduced to the Board by County Administrator Casket'.
Donald T. Robertson was acknowledged by County Administrator
Casket' for his efforts during the absence of a Director of Budget and
Finance.
Leslie Bryant and Gerald H. Gwaltney, of the Isle of Wight/ Smithfield
YMCA Board requested the Board's approval to replace the roof over. the
gymnasium and locker rooms at the old Smithfield .High School facility.
John Springfield, Chairman of the Property Committee with the
YMCA, informed the Board that new electrical service is being installed, as
well as a new heating system and repairs are being made to the showers
and locker rooms.
Mr. Gwaltney stated to date $80,000 is committed to a capital
campaign for use in repairing the locker room and purchase of a heating
system. Mr. Gwaltney stated opening of the facility is anticipated for
January for full membership. Mr. Gwaltney stated two prices have been
obtained from roofing companies on the Peninsula, one of which is for a tar
and gravel roof, in the approximate amount of $21,000 which includes 83
square feet and includes replacing the lower sections of the locker room.
Supervisor Spady moved the Board authorize staff to examine the
locker room section of the roof and solicit bids as necessary for the Board's
consideration. The motion was adopted unanimously (5-0).
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At 7:00-p.m., Supervisor Bradshaw moved the Board amend the order
of the .agenda to hold the public. hearings. The motion. was adopted
unanimously (5-0).
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Chairman Cofer called for a public hearing on the following:
1. The request of the City of Virginia Beach for a Conditional Use
Permit and amendment to the Resolution previously adopted. by
the Board of Supervisors on December 3, 1987, for construction
of a 60-inch diameter pipeline to transmit up to 60 million
gallons per day of water from the Pea Hill Creek Branch of Lake
Gaston to the Norfolk raw water facilities discharging-into Ennis'
Pond Channel in the County of Isle of Wight. The request, if
granted, will not change the route of the proposed pipeline as
previously approved, .except that approximately 2 miles of the
pipeline route in the County of Isle of Wight from Ennis Pond
Channel to the boundary of the County and the City of Suffolk
will be deleted. The proposed pipeline would discharge water
into Ennis Pond Channel, instead of conveying the water to the
Red Top area in the City of Suffolk. The discharge would
utilize the same facilities approved by the aforesaid Resolution,
but would involve more frequent discharges to Ennis Pond
Channel than previously approved.
The proposed .pipeline, if approved, will follow the abandoned
"Old Virginia Railroad" right-of-way for approximately 2.4 miles
from its crossing at the Blackwater River to the area of Walters.
The City of Virginia Beach owns this former railroad property,
and the pipeline will be constructed in the center of the railroad
embankment upon which the rail line was located.
The proposed route leaves the railroad embankment at the point
at which it meets existing raw water transmission lines operated
by the City of Norfolk (just east of Walters). From there, the
pipeline will follow adjacent to Norfolk's two raw water mains
for about 6.6 miles to Route 608, where the Norfolk water lines
discharge to Ennis Pond Channel directly upstream of the
railroad culvert.
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County Attorney Crook stated at the request of the City of Virginia
Beach and in an effort to expedite the process, this matter was advertised
for public hearing by the Planning Commission and for the Board this
evening. Attorney Crook stated the Planning Commission tabled the matter
until their December meeting after public hearing for further study and as
a result, the Board can not proceed with a public hearing tonight as
established procedure requires. receiving a recommendation from the
Planning Commission. Attorney Crook stated he has so .advised the
applicants and the attorney for the opponents and the matter should be
readvertised for public hearing following recommendation from the
Planning Commission.
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Chairman Cofer recommended a policy be developed that there is at
least thirty days in between the matters being heard by the Planning
Commission. and being sent to the Board.
County Attorney Crook stated applicants aze informed in advance that
their matters can be advertised for public hearing but that such matters. may
not be ready o be heard by the Board if the Planning Commission tables
the matter.
2. The application of Richazd L. Turner and Edna Brooks S. Turner
to amend the operation plan under the Conditional Use Permit
of the "Marl Pit" which is located on the property known. as the
Riddick Farm which is on the east side of Benns Church
Boulevard (Route 10) in Newport Magisterial District. The
purpose of the application is to request an extension on the life
of the permit for five (5) additional years.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the proposed application.
Henry Morgan, representing the applicants, requested the Board's
favorable consideration of an extension of time for a period of five years on
the existing permit with all conditions remaining the same.
Upon no one else appearing, Chairman Cofer closed the public
hearing and called for comments from the Board.
Supervisor Spady requested the applicant to address the status of the
commercial entrance to the site.
Addressing Supervisor Spady's concern, Mr. Morgan stated there has
not been any road widening efforts accomplished to date to accommodate
trucks pulling off the road to enter the .pit, but he would review the matter.
Supervisor Spady moved the Board approve the application of Richard
L. Turner and Edna Brooks S. Turner and requested the applicant to review
the status of the commercial entrance to the site. The motion was adopted
unanimously (5-0).
3. The application of R. L. Stephenson and John. S. Starcher etals
for a change in zoning classification from A-1, Agricultural
Limited to Conditional R-A, Conditional Rural Residential,
approximately 6.58 acres of land located on the west side of
Trump Town Road (Route 651) between Foursquare Road
(Route 620) and .Courthouse Highway (Route 258) in Hardy
Magisterial District. The purpose of the application is for no
more than three (3) single family residential lots.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the application.
R. L. Stephenson appeared and. requested the Board to favorably
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consider the application to curtail debt on the farm.
Upon no one else appearing, Chairman Cofer closed the public
hearing and called for comments from the Board.
Supervisor Bradby moved the Board approve the application of R. L.
Stephenson and John S. Starcher. The motion was adopted unanimously (5-
0).
4. An Ordinance to Impose And Levy License Taxes on Businesses,
Trades, Professions and Occupations
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County Attorney Crook stated. the Board previously received a model
ordinance that was. recommended for the localities to adopt to allow for
uniformity in the application of the Business License Tax and in the
methods of determining the tax amounts. Attorney Crook stated after
several meetings with the Commissioner of the Revenue he prepared the
proposed ordinance which incorporates the provisions of the model
ordinance, but does not change the current rates. Attorney Crook stated he
does recommend the proposed amendment to the existing ordinance to the
Board. Attorney Crook stated he has also incorporated the Commissioner
of Revenue's suggestion and included a gross receipts threshold (Section
10.6) in the ordinance to provide that gross receipts under $4,000 require no
license tax.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the proposed ordinance.
Upon no one appearing, Chairman Cofer closed the public hearing
and called for comments from the Board.
Supervisor Spivey moved the Board adopt the following ordinance:
AN ORDINANCE TO IMPOSE AND LEVY LICENSE TAXES ON
BUSINESSES, TRADES, PROFESSIONS AND OCCUPATIONS
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WHEREAS, the Board. of Supervisors of Isle of Wight County,
Virginia, adopted an Ordinance to impose and levy license taxes on
businesses, trades, professions and occupations. on April 21, 1988 and
amended same December 6, 1990; and,
WHEREAS, the Department of Taxation for the Commonwealth of
Virginia has prepared and recommended a model Business Profession and
Occupational License Tax Ordinance to be imposed by city, county and
town ordinances to provide for uniformity of regulations throughout the
Commonwealth of Virginia; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it to be in the best interest of the citizens of Isle of Wight.
County, Virginia, to adopt the administrative provisions of the Model
Business Professional Occupational License Tax Ordinance as issued by the
Department of Taxation for he Commonwealth of Virginia July 1, 1995.
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IN CONSIDERATION WHEREOF, be it and it is hereby ordained by
the Board of Supervisors of the County of Isle of Wight, Virginia, that the
Ordinance to Impose and Levy License Taxes on Businesses, Trades,
Professions, Occupations and Callings, .adopted April 21, 1988, and
amended December 6, 1990, be and the .same is hereby amended by
repealing Sections 10-1 through 10-6 thereof and adopting the following
provisions as 10-1 through 10-6 thereof:
10-1 (wprri ing Conflicting Ordinances.
Except as may be otherwise provided by the laws of the
Commonwealth of Virginia, and notwithstanding any other current
ordinances or resolutions enacted by this governing .body, .whether or not
compiled. in the Code of this jurisdiction,. to the extent of any conflict, the
following provisions shall be applicable to the levy, assessment, and
collection of licenses required and taxes imposed on businesses, trades,
professions and occupations and upon the persons, firms and corporations
engaged therein within this locality.
10-2 Definitions.
For the purposes of this ordinance, unless otherwise required by the
context:
"Affiliated group" means:
(a) One or more chains of includible corporations connected through
stock ownership with a common parent corporation which is an includible
corporation if:
(i) Stock possessing at least eighty percent of the voting power of
all classes of stock and at least eighty percent of each class of the nonvoting
stock of each of the includible corporations, .except the common parent
corporation, is owned directly by one or more of the other includible
corporations; and,
(ii) The common parent corporation directly owns stock possessing
at least eighty percent of the voting power of all classes of stock and at least
eighty percent of each class of the nonvoting stock of at least one of the.
other includible corporations. As used in this subdivision, the term "stock"
does not include nonvoting stock which is limited and preferred as to
dividends.. The term "includible corporation" means any corporation within
the. affiliated group irrespective of the state or country of its incorporation;
and the term "receipts" includes gross receipts and gross income.
(b) Two or more corporations if five or fewer persons who are
individuals, estates or trusts own stock possessing;
(i) At least eighty percent of the total combined voting power of all
classes of stock entitled to vote or at least eighty percent of the total value
of shares of all classes of the stock of each corporation, and,
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(ii) More than fifty percent of the total combined voting power of
all classes of stock entitled to vote or more than fifty percent of the total
value of shares of all classes of stock of each corporation, taking into
account the stock ownership of each such person only to the extent such
stock ownership is identical with respect to each such corporation.
When one or more of the includible corporations, including the
common parent corporation is a non stock corporation, the term "stock" as
used in this subdivision shall refer to the non stock corporation membership
or membership voting rights, as is appropriate to the context.
"Assessment" means a determination as to the proper rate of tax, the
measure to which the tax rate is applied, and ultimately the amount of tax,
including additional or omitted tax, that is due. An assessment shall'
include a written assessment made pursuant to notice by the assessing
official or aself-assessment made by a taxpayer upon the filing of a return
or otherwise not pursuant to notice. Assessments shall. be deemed made by
an assessing official when a written notice of assessment is delivered to the
taxpayer by the assessing official, or an employee of the assessing official,
or mailed to the. taxpayer at his last known address. Self-assessments shall
be deemed made when a return is filed, or if no return is required, when
the tax is paid. A return filed or tax paid before the last day prescribed by
ordinance for the filing or payment thereof shall be deemed to be filed or
paid on the last day specified for the filing of a return or the payment of
tax, as the case may be.
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"Assessor" or "assessing official" means the Commissioner of Revenue
of this jurisdiction.
"Base year" means the calendar year preceding the license year, except
for contractors subject to the provisions of Section 58.1-3715.
"Business" means a course of dealing which require the time, attention
and labor of the person so engaged for the purpose of earning a livelihood
or profit. It implies a continuous and regular course of dealing, rather than
an irregular or isolated transaction. A person may be engaged in more than
one business. The following acts shall create a rebuttable presumption that
a person is engaged in a business: (i) advertising or otherwise holding
oneself out to the public as being engaged in a particular business; or (ii)
filing tax returns, schedules and documents that are required only of
persons engaged in a trade or business.
"Contractor" shall have the meaning prescribed in Section. 58.1-3714.B
of the Code of Virginia, as amended, whether such work. is done or offered
to be done by day labor, general contract or subcontract.
"Definite place of business" means an office or a location at which
occurs a regular and continuous course of dealing for thirty consecutive
days or more. A definite place of business for a person engaged in business
may include a location leased or otherwise obtained from another person
on a temporary or seasonal basis; and real property leased to another. A
person's residence shall be deemed to be a definite place of business if there
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is no definite place of business maintained elsewhere and the person is not
licensable as a peddler or itinerant merchant.
"Financial services" shall mean the service for compensation by a
credit agency, an investment company, a broker or dealer in securities and
commodities or a security or commodity exchange, unless such service is
otherwise provided for in this ordinance.
"Broker" shall mean an agent of a buyer or a seller who buys or sells ,
stocks, bonds, commodities, or services, usually on a commission
basis.
"Commodity" shall mean staples such as wool, cotton, etc. which are
traded on a commodity exchange and on which there is trading in
futures.
"Dealer" for purposes of this ordinance shall mean any person
engaged in the business of buying and selling .securities for his own
account, but does not include a bank, or any person insofar as he buys
or sells securities for his own account, either individually or in some
fiduciary capacity, but not as part of a regular business.
"Security" for purposes of this ordinance shall have the same meaning
as in the Securities Act (Section 13.1-501 et seg.) of -the Code of
Virginia, or in similar laws of the United States regulating the sale of
securities.
Those engaged in rendering financial services include, but without
limitation, the following:
Buying installment receivables
Chattel mortgage financing
Consumer financing
Credit care services
Credit Unions
Factors
Financing accounts receivable
Industrial loan companies
Installment financing
Inventory financing
Loan or mortgage brokers
Loan or mortgage companies
Safety deposit box companies
Security and commodity brokers and services
Stockbroker
Working capital financing
"Gross receipts" means the whole, entire, total receipts attributable to
the licensed privilege, without deduction, except as may be limited by the
provisions of Chapter 37 of Title 58.1 of the Code of Virginia.
"License year" means the calendar year for which a license is issued
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for the privilege of engaging in business.
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"Personal services" shall mean rendering for compensation any repair,
personal, business or other services not specifically classified as "financial,
real estate or professional service" .under this ordinance or rendered in any
other business or occupation not specifically .classified in this ordinance
unless exempted from. local license tax by Title 58.1 of the Code of Virginia..
"Professional services" shall mean rendering any service specifically
enumerated below or engaged in any occupation or vocation in which a
professed knowledge of some department of science or learning, gained by
a prolonged course of specialized instruction and study is used by its
practical application to the affairs of others, either advising, guiding, or
teaching them, and in serving their interests or welfare in the practice of an
art or science founded on it. The words profession and professional imply
attainments in professional knowledge as distinguished from mere skill, and
the application of knowledge to uses for others as a vocation, and including,
but without limitation, such attainments attributed to the following:
Architects
Attorneys-at-law
Certified public accountants
Dentists
Engineers
Land surveyors
Practitioners of the healing arts (the art or science or group of arts or
sciences dealing with the prevention, diagnosis, treatment and
cure or alleviation of human physical or mental ailments,
conditions, diseases, pain or infirmities)
Surgeons
Veterinarians
"Purchases" shall mean all goods, wares and merchandise received or
offered for sale at each definite place of business of every wholesaler or
wholesale merchant, and .shall not be construed to exclude any goods, wares
or merchandise otherwise coming within the meaning of such word,
including such goods, wares and merchandise manufactured by a
wholesaler or wholesale merchant and sold or offered -for sale as
merchandise.
"Real. estate services" shall mean rendering a service for compensation
as lessor, buyer, seller, agent or broker and providing a real estate service,
unless the service is otherwise specifically provided for in this ordinance,
and such services include, but are. not limited to, the following:
1
Appraisers of real estate
Escrow agents, real estate
Fiduciaries, real estate
Lessors of real property
Real estate agents, brokers and managers
Real estate selling agents
Rental agents for real estate.
13
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"Retailer" or "Retail Merchant" shall mean any person or merchant
who sells goods, wares and merchandise for use or consumption by the
purchaser or for any purpose other than resale by the purchaser, but does
not include sales at wholesale to institutional, commercial and industrial
users.
"Services" shall mean .things. purchased by a customer which do not
have physical characteristics, or which are not goods, wares, or
merchandise.
"Wholesaler" or "Wholesale Merchant" shall mean any person or
merchant who sells wares and merchandise for resale by the purchaser,
including sales when the goods, wares and merchandise will be
incorporated into goods and services for sale, and also includes sales to
institutional, commercial and industrial users which because of the quantity,
price, or other terms indicate that they are consistent with sales at
wholesale.
10-3 License Requirement.
(a) Every person engaging in this jurisdiction in any business, trade,
profession, occupation or calling (collectively hereinafter "a business") as
defined in this ordinance, unless otherwise exempted by law, shall apply for
a license for each such business if (i) in the case of professional services,
such person (x) maintains a definite office in this jurisdiction, or (y) if such
person does not maintain a definite office in the Commonwealth of Virginia
but does maintain an abode in this jurisdiction, which abode for the
purposes of this ordinance shall be deemed a definite place of business, or
(ii) in the case of any other business, such person has a definite place of
business or maintains an office in this jurisdiction; or (iii) such person is
engaged as a peddler or itinerant merchant, carnival or circus as specified
in Sections 58.1-3717, 3718, or 3728, respectively of the Code of Virginia, or
is a contractor subject to Section 58.1-3715 of the Code of Virginia, or is a
public service corporation subject to Section 58.1-3731 of the Code of
Virginia. A separate license shall be required for each definite place of
business. A person engaged in two or more businesses or professions
carried on at the same place of business may elect to obtain one license for
all such businesses and professions if all of the following criteria are
satisfied: (i) each business or profession is licensable at the location and has
satisfied any requirements imposed by state law or other provisions of the
ordinances of this jurisdiction; (ii) «Il of the businesses or professions are
subject to the same tax rate, or, if subject to different tax rates, the licensee.
agrees to be taxed on all businesses and professions at the highest rate; and
(iii) the taxpayer agrees to supply such information as the assessor may
require concerning the nature of the several businesses and their gross
receipts.
(b) Each person subject to a license tax shall apply for a license prior
to beginning business, if he was not licensable in this jurisdiction on or
before January 1 of the license year, or no later than March 1 of the current
license year if he had been issued a license for the preceding license year.
The application shall be on forms prescribed by the assessing official.
L~
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14
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(c) The tax shall be paid with the application in the case of any
license not based on gross receipts or purchases. If, the tax is measured by
the gross receipts or purchases of the business, the tax shall be paid on or
before March 1.
Ii ~
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1
(d) The assessing official may grant an extension of time, not to
exceed 90 days, in which to file an application for a license, for good cause.
The extension may be conditioned upon the timely payment of a reasonable
estimate of the appropriate tax, subject to adjustment to the correct tax at
the end of the extension together with interest from the due date until the
date paid and, if the estimate submitted with the extension is found to be
unreasonable under the circumstances, a penalty of ten percent of the
portion paid after the due date.
(e) A penalty of ten percent of the tax may be imposed upon the
failure to file an application or the failure to pay the tax by the appropriate
due date. Only the late filing penalty shall be imposed by the assessing
official if both the application and payment are late; however, both penalties
may be assessed if the assessing official determines that the taxpayer has a
history of noncompliance. In the case of an assessment of additional tax
made by the assessing official, if the application and, if applicable, the
return were made in good faith and the understatement of the -tax was not
due to .any fraud, reckless or intentional disregard of the law by the
taxpayer, there shall be no late penalty assessed with the additional tax. If
any assessment of tax by the assessing official is not paid within thirty days
the treasurer may impose a ten percent late payment penalty. The penalties
shall not be imposed, or if imposed, shall bP abated by the .official who
assessed them, if the failure to file or pay was not the fault of the taxpayer.
In order to demonstrate lack of fault, the taxpayer must show that he acted
responsibly and that the failure was due to events beyond his control.
"Acted responsibly" means that: (i) the taxpayer exercised the level
of reasonable care that a prudent person .would exercise under the
circumstances in determining the filing obligations for the business .and (ii)
the taxpayer undertook significant steps to avoid or mitigate the failure,
such. as requesting appropriate extensions (where applicable), attempting to
prevent a foreseeable impediment, acting. to remove an impediment once it
occurred, and promptly rectifying a failure once the impediment -was
removed or the failure discovered.
"Events beyond the taxpayer's control" include, but are .not limited to,
the unavailability of records due to fire or other casualty; the unavoidable
absence (e.g., due to death or serious illness) of the person with the sole
responsibility for tax compliance; or the taxpayer's. reasonable reliance in
good faith upon erroneous written information from the assessing official,
who was aware of the relevant facts relating to the taxpayer's business
when he provided the erroneous information.
1
(f) Interest shall be charged on the late payment of the tax from the
due date until the date paid without regard to fault or other reason for the
late payment. Whenever an assessment of additional or omitted tax by the
assessing official is found to be erroneous, all interest and penalty charged
15
eoaK ~.6 ~R~:~4~2
and collected on the .amount of the assessment found to be erroneous shall
be refunded together with interest on the refund from the date of payment
or the due -date, whichever is later. Interest shall be paid on the refund of
any tax paid under this. ordinance from the date of payment or due date,
whichever is later, whether attributable to an amended return or other
reason. Interest on any refund shall be paid at the same rate charged under
Section 58.1-3916.
No interest shall accrue on an adjustment of estimated tax liability to
actual liability at the conclusion of a base year. No interest shall be paid on
a refund or charged on a late payment, in event of such adjustment,
provided the refund or the late payment is made not more than thirty days
from (i) the date of the payment that created the refund, (ii) or the due date
of the tax, or (iii) the date of the taxpayer's application for a refund,
whichever is later.
10-4 Situs of Gross Receipts.
(a) General Rule. Whenever the tax imposed by this ordinance is
measured by gross receipts, the gross receipts included in the taxable .
measure shall be only .those gross receipts attributed to the exercise of a
licensable privilege at a definite place of business within this jurisdiction.
In the case of activities conducted outside of a definite place of business,
such as during a visit to a customer location, the gross receipts shall be
attributed to the definite place of business from which such activities are
initiated, directed, or controlled. The situs of gross receipts for different
classifications of business shall be attributed to one or more definite places
of business or offices as follows:
(1) The gross receipts of a contractor shall be attributed to the
definite place of business at which his services are performed, or if his
services are not performed at any definite place of business, then the
definite place of buS1nPSS from which his services are directed or controlled,
unless the contractor is subject to the provisions of Section 58.1-3715.
(2) .The gross receipts of a retailer or wholesaler shall be attributed
to the definite place of business at which sales solicitation activities occur,
or if sales solicitation activities do not occur at any definite place of
business, then the definite place of business from which sales solicitation
activities are directed or controlled.
(3) The gross receipts of a business renting tangible personal
property shall be attributed to the definite place of business from which the
tangible personal property is leased or, if the property is not leased from
any definite place of business, then the definite place of business at which
the rental of such property is managed.
(4) The gross receipts from the performance of personal services
shall be attributed to the definite place of business at which the services are
performed or, if not performed at any definite place of business, then the
definite place of business from which the services are directed or controlled.
1
1
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1
(b) Apportionment. If the licensee has more than one definite place
of business and it is impractical or impossible to determine to which
definite place of business gross receipts should be attributed under the
general rule, and the jurisdictions are unable to reach an apportionment
agreement, the gross receipts of the business shall be apportioned between
the definite places of businesses as provided in Section 58.1-3709 of the
Code of Virginia. Gross receipts shall not be apportioned to a definite place
of business unless some activities under the applicable general rule occurred
at, or were controlled. from, such definite place of business. Gross receipts
attributable to a definite place of business in another jurisdiction shall not
be attributed to this jurisdiction in the event the other jurisdiction does not
impose a tax on the gross receipts attributable to the definite place of
business in such other jurisdiction.
(c) Agreements. The assessor may enter into agreements with any
other political subdivision of Virginia concerning the manner in which gross
receipts shall be apportioned among definite places of business. However,
the sum of the gross receipts apportioned by the agreement shall not. exceed
the total gross receipts attributable to all of the definite places of business
affected by the agreement. Upon. being notified by a taxpayer or in the
event the assessing official is notified or becomes aware that its method of
attributing gross receipts is fundamentally inconsistent with the method of
one or more political subdivisions in which the taxpayer is licensed to
engage in business and that the difference has, or is likely to, result in taxes
on more than 100% of its .gross receipts from all locations in the affected
jurisdictions, the assessor shall make a good faith effort to reach an
apportionment agreement with the other political subdivisions involved.
4. Limitations, extensions, appeals and rulings. The enforcement
of the provisions of this ordinance including limitations with respect
thereto, the correction of any assessment hereunder and any appeal by this
jurisdiction of a correction made by its assessing official or by any person
assessed with taxes hereunder and aggrieved by such assessment shall be
pursuant #o Chapter 39, Title 58.1 of the Code of Virginia; provided,
however:
L.~
(a) any person assessed with a licensing tax. under this ordinance
as the result of an audit may within the period provided in Section 58.1-
3980 of the Code of Virginia, apply to the assessing .official for a correction
of the assessment. The application must be filed in good faith and
sufficiently identify the taxpayer, audit period, remedy sought, each alleged
error in the assessment, the grounds upon which the taxpayer relies, and
-any other facts relevant to the taxpayer's contention. The assessor may hold
a conference with .the taxpayer if requested by the taxpayer, or require
submission of additional information and documents, further audit, or other
evidence deemed necessary for a proper and equitable determination of the
applications. The assessment shall be deemed .prima facie correct. The
assessor shall undertake a full review of the taxpayer's claims and. issue a
determination to the taxpayer setting forth its position. Every assessment
pursuant to an audit shall be accompanied by a written explanation of the
taxpayer's right to seek correction and the specific procedure to be followed
in the jurisdiction (e.g., the. name and address to which an application
17
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80QK 16 ~ar..~4~~
should be directed).
(b) Provided an application is made within 90 days of an
assessment, collection activity shall be suspended until 30 days after the
final determination is issued by the assessor, unless the assessor .determines
that collection would be jeopardized by delay or that the taxpayer has not
responded to a request for relevant information after. a reasonable .time.
Interest shall accrue in accordance with the provisions of subsection (f) of
Section C of this ordinance, but no further penalty shall be imposed while
collection action is suspended. The term "jeopardized by delay" includes a
finding that the application is frivolous, or that a taxpayer desires (i) to
depart quickly from the locality, (ii) to remove his property therefrom, (iii)
to conceal himself or his property therein, or (iv) to do any other act
tending to prejudice, or to render wholly or partially .ineffectual,
proceedings to collect the tax for the period in question.
(c) Any taxpayer may request a written ruling regarding the
application of the tax to a specific situation from the assessor. Any person
requesting such a ruling must provide all the relevant facts for the situation
and may present a rationale for the basis of an interpretation of the law
most favorable to the taxpayer. Any misrepresentation or change in the
applicable law or the factual situation as presented in the ruling request
shall invalidate any such ruling issued. A written ruling may be revoked
or amended prospectively if (i) there is a change in the law, a court
decision, or (ii) the assessor notifies the taxpayer of a change in the policy
or interpretation upon which the ruling was based. However, any person
who acts on a written ruling which later becomes invalid shall be deemed
to have acted in good faith during the period in which such ruling was in
effect.
5. Recordkeeping and audits.
Every person who is assessable with a license tax shall keep sufficient
records to enable the assessor to verify the correctness of the tax paid. for
the license years assessable and to enable the assessor to ascertain what is
the correct amount of tax that was assessable for each of those years. All
such records, books of accounts and other information shall be open to
inspection and examination whether a particular receipt is directly
attributable to .the taxable privilege exercised within. this jurisdiction. The
assessor shall provide the taxpayer with the option to conduct the audit in
the taxpayer's local business office, if the records are maintained there. In
the event the records are maintained outside this jurisdiction, copies of the
appropriate books and records shall be sent to the assessor's office upon
demand.
10-5 Exclusions and deductions .from "gross receipts."
(a) General Rule. Gross receipts for license tax purposes shall not
include any amount not derived from the exercise of the licensed privilege
to engage in a business or profession in the ordinary course of business or
profession.
f]
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(b) The following items shall be excluded from gross receipts:
1
(1) Amounts received and paid to the .United State, the
Commonwealth or any county, city or town for the Virginia retail sales or
use tax, or for any local sales tax or any local excise tax on cigarettes, for
any federal or state excise taxes on motor fuels..
(2) Any amount representing the liquidation of a debt or conversion
or another asset to the extent that the amount is attributable to a transaction.
previously taxed (e.g., the factoring. of accounts receivable created by sales.
which have been included in taxable receipts even though the creation of
such debt and factoring are a regular part of its business).
(3) Any amount representing returns and .allowances granted by the '
business to its customer.
(4) Receipts which are the proceeds of a loan transaction in which
the licensee is the obligor.
(5) Receipts representing the return of principal of a loan transaction
in which the licensee is the creditor, or the return of principal or basis upo.1
the sale of a capital asset.
1
(6) .Rebates and discounts taken or received on account of purchases
by the licensee. A rebate or other incentive offered to induce the recipient
to purchase certain goods or services from a person other than the offeror,
and which the receipt assigns to the licensee ir, consideration of the sale of
goods and services shall not be considered a rebate or discount to the
licensee, but shall be included in the licensee's gross receipts together with
any handling or other fees related to the incentive.
(~ Withdrawals from inventory for .which no consideration is
received and the occasional sale or exchange of assets other than inventory,
whether or not a gain or loss is recognized for federal income tax purposes.
(8) Investment income not directly related to the privilege exercised
by a licensable business not classified as rendering financial services. This
exclusion shall apply to interesf on bank accounts of the business, and to
interest, dividends and other income derived from the investment of its
owns funds in securities and. other types of investments .unrelated to the
licensed privilege. This exclusion shall not apply to interest, late fees and.
similar .income attributable to an installment sale or other transaction that
occurred in the regular. course of business.
10.6 .Gross Receipts Threshold.
L'
No license tax hereunder shall be due and payable until gross receipts
as hereinabove defined reach or are expected to reach a minimum of $4,000
annually.
The motion was adopted unanimously (5-0).
19
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ii
At 7:15 p.m., Supervisor Bradshaw moved the Board return to the
regular order of the agenda.. The motion was adopted unanimously (5-0).
//
Chairman Cofer called ~ for the continuation of the County
Administrator's report.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE EIGHT HUNDRED EIGHTY SEVEN
DOLLARS FROM THE. UNAPPROPRIATED. FUND BALANCE
OF THE GENERAL FUND FOR IlvII'ROVEMENTS TO THE
CARRSVILLE VOLUNTEER FIRE STATION
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved expenditures for improvements to the parking lot at
the Carrsville Volunteer Fire Station; and,
WHEREAS, the funds in the amount of eight hundred eighty seven
dollars ($887) need to be appropriated from the unappropriated fund
balance of the General Fund for improvements to the Carrsville Volunteer
Fire Station in the 1995-96 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 eight
hundred eighty seven dollars from the unappropriated fund balance of the
General Fund be appropriated to the Building and Grounds maintenance
line item in the 1995-96 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 and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey stated at the invitation of the Health
Director he and the Superintendent of Inspections visited the Health
Department building and observed that a .variety of items needed
improvement at the facility. Mr. Caskey stated since that time a preliminary
bid has been secured in the approximate amount of $21,000 for roof repairs.
Mr. Caskey stated an estimated sum of $12,500 should be forthcoming from
the Health Department and it is the Health Director's request to apply that
sum to some of their priorities in the building. Mr. Caskey stated the
County may realize some cost savings if the Health Department roof and
YMCA roof are repaired at the same time. Mr. Caskey stated he would
recommend a professional engineer look at the building before any funds
are allocated toward this effort.
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County Attorney Crook stated the building was built approximately
twenty-five years ago and met the needs of the County at that time,
however, the County is now renting space across the street for a portion of
the Health Department's needs. Attorney Crook further stated there are
structural problems with the building at this time.
1
Supervisor Spady stated he would recommend fixing the roof
regardless of whether the building should be expanded or the personnel
moved to a different location. Supervisor. Spady stated the building is a
responsibility of the County.
Supervisor Spivey stated the County must take care of its buildings,
but the County must also consider the locations of such facilities and
whether or not they are providing services to the vast majority of the
citizens.
Supervisor Bradshaw moved the Board direct County staff to hire an
engineer to evaluate the building and report back to the Board on the
findings. The motion was adopted unanimously (5-0).
1
County Administrator Caskey stated he would recommend the Board
authorize staff to proceed to secure estimates for applying aluminum or
vinyl siding to the exterior of the white wood-frame building located on the
Courthouse grounds.
Supervisor Spady moved the Board authorize staff to proceed with
securing estimates for aluminum or vinyl siding for the exterior of the
wood-frame office annex and that the possibility of adding vents to the attic
of the Social Services building also be explored. The motion was adopted
unanimously (5-0).
County Administrator Caskey stated he was recently advised by the
STOP organization that the heating system in the Head Start Center in
Smithfield is in need of replacement. Mr. Casket' stated he has been
advised that if that organization were granted an indefinite period of years
for use of the building STOP would be willing to make the improvements
to the heating system at their expense.. Mr. Caskey stated he received three
cost estimates procured from the STOP organization today and he further
requested the Director of Public Works to solicit the heating contractor's bid
who performs a significant amount of work at the Courthouse. Mr. Casket'
stated the low bidder is the contractor procured by the Director of Public
Works in the amount of $1,680.
County Attorney Crook stated the County had an agreement,
originally in 1987, with the STOP organization for the Head Start Program
which holds them responsible for janitorial services, supplies, utilities,
maintenance, but not for the heating system. County Attorney Crook stated
anything STOP puts in the building remains their property.
1
Supervisor Spady moved the Board authorize County staff to proceed
with appropriating $1,680 to replace the heating system and that the STOP
organization be notified that the County will not guarantee that the STOP
21
eooK i6 ~ar,.~4`~~
organization will be allowed to continue using the building for an indefinite
period of time. The motion was adopted .unanimously (5-0).
County Administrator Caskey stated included in the Board's agenda
package is a recommended list of legislative priorities for the Board's
consideration.
Supervisor Bradshaw stated he is in favor of supporting the school
and VACo concerns.
Chairman Cofer recommended "unfunded mandates" be listed first on
the list.
Following discussion by the Boazd, staff was directed to prepare three
separate resolutions; one addressing County issues, one addressing school
issues and one addressing VACo issues. The County Attorney was directed
to rewrite the section entitled "Funding of Off-Site Improvements by
.Developers".
Jan Carter, Occupational Therapist, The Childress Center, introduced
Angie Harrison and her daughter, Elizabeth, to the Board.
Angie Harrison stated her daughter, who has developmental
problems, began going to The Childress Center in 1994 and .the early
intervention program has been an important factor in her daughter's
progress.
Supervisor Bradshaw moved the Boazd adopt the following resolution:
RESOLUTION DESIGNATING NOVEMBER 1995 AS
EARLY INTERVENTION MONTH
WHEREAS, our children are our most precious resource and represent
the future hopes of Virginia and the nation; and,
WHEREAS, it is our collective social responsibility and moral
obligation to protect our children, to provide support to their families, to
contribute to their physical and mental well-being, and to ensure that each
child has a fair and equal chance to grow and develop to his or her
maximum potential; and,
WHEREAS, there are currently seventeen children receiving early
intervention service in Isle of Wight County and others who are eligible for
services but may not know that services exist; and,
WHEREAS, early detection and treatment of these conditions is critical
to the health and well-being of these children and families; and,
WHEREAS, there are a variety of existing programs established to
provide help to children with disabilities and their families through early
intervention;. and,
22
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WHEREAS, there is a great need to increase public awareness and
understanding of the strengths and needs of our children with disabilities
and to encourage early detection and intervention.
1
NOW, .THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Isle of Wight County do hereby designate the month of .November, 1995
as Early Intervention Month in recognition of local efforts in early
intervention and to call attention to its significance for all citizens.
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO SUBMIT A GRANT AND SERVICE PLAN
UNDER THE VIRGINIA JUVENILE COMMUNITY
CRIME CONTROL ACT
WHEREAS, the Virginia General .Assembly enacted the Virginia
Juvenile Community Crime Control Act (VJCCCA), effective January 1,
1996; and,
WHEREAS, the purpose of the VJCCCA is to establish community-
based systems of sanctions, residential programs and nonresidential services
for juvenile offenders; and,
WHEREAS, Isle of Wight County has developed a plan for services to
juvenile .offenders, in conjunction with the Court Services Unit of the 5th
District and the Tidewater .Regional Group Home Commission.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of.Supervisors of the County of Isle of Wight, Virginia supports the
submission of a grant and service plan under the VJCCCA to the Virginia
Department of Youth and Family Services.
The motion was adopted unanimously (5-0).
Donald T. Robertson, Assistant to the County. Administrator, stated
the Community Diversion Program was replaced effective July 1, 1995 by
the Comprehensive Community Corrections Act for Local Responsible
Offenders and the Pretrial Services Act. Mr. Robertson stated the Chief
Judge of the Circuit Court has suggested that a program be developed to
address the needs of the Fifth Judicial District. Mr. Robertson stated the
County will be required to immediately appoint several. members to the
Community Corrections Board as follows: (1) ,one citizen member; (2) Isle
of Wight County Sheriff or his designee, and (3) the County Administrator
or his designee.
Supervisor Bradshaw moved the Board adopt the following resolution:
f]
RESOLUTION TO ESTABLISH BY JOINT ACTION OF THE COUNCILS
OF THE CITIES OF ST,JFFOLK AND FRANKLIN AND THE BOARD OF
SUPERVISORS OF THE COUNTIES OF ISLE OF WIGHT AND
Fk:
r
eoQK ~6 -~.~500
SOUTHAMPTON, THE FIFTH JUDICIAL DISTRICT COMMUNITY
CORRECTIONS PROGRAM
WHEREAS, ,the Virginia General Assembly has adopted legislation
entitled the Comprehensive Community Corrections Act for Local
Responsible Offenders (Section 53.1-180 et sec of the Code of Virginia) and
the Pretrial Services Act (Section 19.2-152.2 gt ~ of .the Code of Virginia),
both. of which are effective July 1, 1995; and,
WHEREAS, the Chesapeake Community Diversion Incentive Program
has served the County of Isle of Wight previously and provided the judicial
system with sentencing alternatives fur certain misdemenants and persons
convicted of non-violent felonies; and,
WHEREAS, Sections 53.1-183 and 19.2-152.5 of the Code of Virginia
require that each county and city participating in Community Corrections
Programs .and/ or Pretrial Services Programs establish a Community
Criminal Justice Board; and in the case of multi jurisdictional efforts that
each jurisdiction mutually agree upon the appointments to said board; and,
WHEREAS, the establishment of a multi jurisdictional Fifth Judicial
District Community Corrections Board will result in a .reduction in
administrative costs to each locality, enhanced funding priorities, an
increase in grant dollars, promote efficiency in offender supervision and
provide for a comprehensive regional offender database.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight as follows:
SECTION 1: That the County of Isle of Wight, concurrently with the
Cities of Franklin and Suffolk and .the County of Southampton, shall
implement the .Comprehensive Community Corrections Act for Local
Responsible- Offenders as provided herein.
SECTION 2: That the Fifth Judicial District Community Corrections
Program be responsible for .implementation of the cited legislative
directives.
SECTION 3: That it hereby establishes, effective December 1, 1995, the
Fifth Judicial District Community Corrections Board (the "Board"), said
Board to be composed of members hereby appointed pursuant to Section
53.1-183 of the Code of Virginia;
a. The Chief Judge of the Fifth Judicial District Circuit Court, or
another Circuit Court Judge designated. by .the Chief Judge of the Circuit
Court;
b. The Chief Judge of the Fifth Judicial District General District
Court, or another General District Court judge designated by the Chief
Judge of the General District Court;
c. The Chief Judge of the Fifth Judicial District Juvenile and
D
24
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Domestic Relations Court, or another Juvenile and Domestic Relations Court
Judge designated by the Chief Judge of the Juvenile and Domestic Relations
Court;
d. The Chief Magistrate for the Fifth Judicial District;
1
e. Two year rotating terms for the Chiefs of Police for the City of
Suffolk and the City of Franklin; the first term shall be served by the Chief
of Police for the City of Suffolk,;
f. Two year rotating terms for the Sheriffs for the City of Suffolk
and County of Isle of Wight; the first term shall be served by the Sheriff for
the County of Isle of Wight;
g. One year rotating terms for the Commonwealth's- Attorneys for
the City. of Suffolk, County of Isle of Wight, and City of Franklin/County
of Southampton, or their designees; the first term shall be served by the
Commonwealth's Attorney for the City of Franklin/County of Southampton;
h. Two year rotating terms for the Public Defenders for the City of
Suffolk and the City of Franklin/County- of Isle of Wight/County of
Southampton; the first term shall be served by the Public Defender for the
City of Suffolk;
i. The Administrator of the Western Tidewater Regional Jail and
the Sheriff for the County of Southampton, serving in the capacity of
Administrator of the Courtland Jail;
1
j. One year rotating terms for the Superintendents of the Suffolk
Public Schools, Franklin City Public Schools, Isle of Wight County Public.
Schools, and Southampton County Public Schools, or their designees; the
first term shall be served by the Superintendent of the Southampton County
Public Schools;
k. The Executive Director of the Western Tidewater Community
Services Board, or his designee;
1. The City Managers for the Cities of Suffolk and Franklin. and the
County Administrators for the Counties of Isle of Wight and
Southampton, or their designees;
m. One citizen each from the Cities of Suffolk and Franklin. and the
Counties of Isle of Wight and Southampton, to be appointed at .the
discretion of the. Suffolk and Franklin City Councils and the Isle of Wight
and Southampton County Boards of Supervisors.
f~
.SECTION 4: That the Fifth Judicial District Community Corrections
Program shall have the powers and duties prescribed by the Comprehensive
Community Corrections Act for Local Responsible Offenders and the
Pretrial Services Act. The City of Suffolk shall act as the administrative and
fiscal agent for the Program.
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SECTION 5: That this resolution shall be effective provided the City
of Franklin, the City of Suffolk, and the County of Southampton adopt
similar resolutions creating the Board.
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE THREE
HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED AND
ONE DOLLARS FROM THE FEDERAL. GOVERNMENT
FOR SCHOOL GRANT PROGRAMS
WHEREAS, the School Board of Isle of Wight County, Virginia has
received funds for grant programs; and,
WHEREAS, the funds in the amount of three hundred twenty seven
thousand seven hundred and one dollars ($327,701) need to be appropriated
to the School grant fund in the 1995-96 budget of the County of Isle of
Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that three
hundred twenty seven thousand seven hundred and one dollars. ($327,701)
to be received from the federal government be appropriated to the
following line items in the 1995-96 School budget of the County of Isle of
Wight, Virginia:
Carl D. Perkins Vocational $ 74,166
Title VI-B 204,752
Title VI 44,603
Interpreter Training Grant 4,180
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 and to do all things necessary to give
this resolution effect.
The motion was adopted .unanimously (5-0).
Supervisor Bradby moved the Board grant County employees one-half
day on Wednesday, November 22, 1995; one-half day on Friday, December
22, 1995; and, one day to be taken between Wednesday, December 27, .1995
.and January 2, 1996 which mirrors the holiday schedules established by the
Governor for State employees. The motion was adopted unanimously (5-0).
County Administrator Caskey distributed correspondence received
today advising of a notice of shellfish .area condemnation for the Pagan
River and Jones Creek for the Board's information.
County Administrator Caskey stated the Director of Public Works
submitted a price quote to him today of $2,500 for installing shelving within
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the storage facility located at the Poor House Farm site.
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Supervisor Spady moved the Board approve the expenditure of $2,500
for shelving for the storage .area located at the Poor House Farm. The
motion was adopted unanimously (5-0).
County Administrator Caskey stated he had several matters for
executive session later in the meeting.
//
Chairman Cofer called for Old Business.
A. Request of the Camptown Coalition for a waiver of Section IV~
of the. Isle of Wight County Streetlighting Policy.
Supervisor Bradshaw stated he has been notified by the Camptown
Coalition that they have not come #o a conclusion and moved the Board
table the matter until the January 18, 1996 meeting.. The motion was
adopted unanimously. (5-0).
B. 1995-2000 Capital Improvements Program (CIP)
n
Mr. David stated the Board previously held a public hearing with one
individual appearing in opposition and one individual spoke concerning the
efforts to fund construction of the Carrollton Public Library. Mr. David
stated the Board tabled the matter to allow the Chairman: an opportunity to
meet with staff and make necessary revisions to the CIP as proposed. Mr.
David stated under separate cover are the results of that effort for the
Board's consideration
Chairman Cofer stated he requested staff to separate bonded funds
that have been approved from those items that must be taken from current
capital expenditures. Chairman Cofer stated he recommends the Plan and
urged the Board to be ready in January for consideration of the CIP for the
upcoming fiscal year.
Supervisor Bradshaw moved the Board adopt the 1995-2000 CIP. The
motion was adopted unanimously (5-0).
//
Chairman Cofer called for New Business.
There was no new business offered for discussion by the Board..
//
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Chairman. Cofer called €or Appointments.
Supervisor Bradshaw moved the Board appoint Nola Matthews to
replace Goldie Rawlings on the Commission on Aging representing the
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aooK 16 >~.,,~0~
CarrsviUe Election District. The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board reappoint Aleisha A.
Langhorne as the "Under 18 Representative" on the Youth Services Advisory
Board. The motion. was adopted unanimously (5-0).
Supervisor Spivey moved the Board appoint Robert C. Claud to the
Public Service Authority representing the Windsor District. The motion was
adopted unanimously (5-0).
Chairman Cofer moved the Board appoint Ludford T. Creef, III to the
SPSA Intergovernmental. Coordinating Committee. The motion was
adopted unanimously (5-0).
//
Chairman Cofer called for approval of the October 19, 1995 minutes.
Supervisor Bradshaw moved the Board approve and adopt the
October 19, 1995 minutes. The motion was adopted. unanimously (5-0).
//
County Attorney Crook requested an executive session under Section
2.1-344 Al of the Freedom of Information Act concerning consultation with
staff and counsel on two personnel matters; .under Section 2.1-344 A3
concerning acquisition and/or use of public property for public purposes
(three matters); and under Section 2.1-344 A7 concerning advice of counsel
relative to potential litigation and contract negotiations and other legal
matters.
At 8:10 p.m., Supervisor Bradshaw moved the Board take aten-minute
recess and then enter executive session for the reasons stated by the County
Attorney. The motion was adopted unanimously (5-0).
Upon returning to open session at 10:06 p.m., Supervisor Bradshaw
moved the Board adopt the following resolution:
C'FRTIFICATION 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, Z.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
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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 adopted unanimously (5-0).
Supervisor Bradby moved the Board approve the contract for the sale
of Lot 27, Ennisdale Farms and authorize the Chairman to sign same. The
motion. was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board approve the change order for
the closure of the County landfill in the amount of $24,882 as spelled out in
the letter of John Hadfield, SPSA, dated November 15, 1995. The motion
was adopted unanimously (5-0).
//
At 10:08 p.m., Supervisor Spivey moved the Board adjourn. The
motion was adopted unanimously (5-0).
W. Dou as key, Cle
Malco m T. Cofer, Chair an
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