12-16-2004 Regular Meeting..
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVIS"ORS HELD THE SIXTEENTH DAY OF DECEMBER IN THE
YEAR TWO THOUSAND AND FOUR
PRESENT: Stan D. Clark, Chairman
Phillip A. Bradshaw, Vice-Chairman
Henry H. Bradby
Thomas J. Wright, III
Richard K. MacManus
Also Attending: Jacob P. Stroman, IV, County. Attorney
W. Douglas Casket', County Administrator_
Donald T. Robertson, Assistant
County Administrator/Operations
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
Anne F. Seward, Assistant County Administrator/
Administration
Carey Mills Storm, Recording Secretary
Chairman Clark called the meeting to order at 6:00 p.rn.
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Chairman Clark delivered the invocation.
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The Pledge of Allegiancewas conducted.
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Chairman Clark called for approval of the agenda.
County Attorney Stroman requested that the. following amendments be
.made to the agenda: Under Item (2), Special Presentations, remove Item (D),
Prime Media Presentation; Under Item (9), New Business, add a request from
The Genieve Shelter with respect to a letter of support acknowledging the
general need for additional transitional housing for victims of domestic
violence in Western Tidewater; and, under Item (11), in addition to the.. one
(1) legal matter specified, add a second legal matter. pertaining to actual
litigation with respect to water and sewer connection fees, and three (3) .
personnel items relating to the performance of County employees. "
Supervisor Bradby moved that the Board approve the. agenda, as
amended. The motion was adopted by a. vote of (S-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor. of the
motion, and no Supervisors voting against the motion.
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Chairman Clark called for Special Presentations.
Supervisor Bradshaw recognized the members of the Windsor High
School Cheerleading Squad for their recent accomplishments. ,
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE THE
WINDSOR HIGH SCHOOL CHEERLEADING SQUAD
FOR OUTSTANDING ACHIEVEMENT
WHEREAS, for the ..Windsor Dukes Cheerleading Squad won first
place in the Virginia High School League State Cheerleading Competition at
VCU's Siegel Center in Richmond, garnering the title of Single A State
Cheer Champion; and,
WHEREAS, the Cheerleading Squad won second place in the Region
A Cheerleading Competition held in Fredericksburg, Virginia; and,
WHEREAS, the Cheerleading Squad also placed second in the Tri-
Rivers District competition; and,
WHEREAS, the Board of Supervisors. of the County of Isle of Wight
County wishes to recognize. these significant achievements.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and congratulates .the Windsor High School Cheerleading Squad for
outstanding achievement.
The motion was. adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting- in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Bradshaw recognized Stephen Adams and Justin Thompson
for their recent accomplishments of attaining the rank of Eagle Scout.
Supervisor MacManus moved the Board adopt the following
Resolution:.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
STEPHEN ADAMS
FOR ACHIEVING THE RANK OF EAGLE SCOUT
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WHEREAS, Stephen Adams is a member of Boy Scouts of America,
Troop. #4.1 and a resident of Isle of Wight County; and,.
WHEREAS, Mr. Adams has achieved the rank of Eagle Scout; and,
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WHEREAS, the Board of Supervisors wishes. to recognize and
congratulate Mr. Adams for his achievement.
NOW; THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle. of .Wight, Virginia that Stephen
Adams is recognized and congratulated for achieving the rank of Eagle
Scout.
The motion was adopted by a .vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JUSTIN THOMPSON
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Justin Thompson is a member of Boy Scouts of America,
Troop #41 and a resident of Isle of Wight. County; and;
WHEREAS, Mr. Thompson has achieved the rank of Eagle Scout; and,
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WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Thompson for his achievement..
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Justin
.Thompson is recognized and congratulated for achieving the rank of Eagle
Scout.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, .Clark and Wright .voting in favor of the
motion, and no Supervisors voting against the motion.
Anne F. Seward, .Assistant County Administrator/Administration,
advised that Fred Westfail;.Goodman and Company, has been delayed and
would be presenting the Financial Audit Report for the_Year Ended_June 30,
2004 upon his arrival
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Supervisor Bradshaw moved that the Board proceed with. the. regular
order of the agenda, and hear the audit report upon Mr. Westfall's arrival.
The motion was adopted by unanimous (5-0} vote.
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Chairman Clark indicated the Consent Agenda included the following
items:
A. Rescue Squad Response Zones
B. Resolution to Submit. Application for a Locality Interoperability
Grant
C, Request to Authorize the Solicitation of Proposals for Non-
Professional Services for Group Health and Dental Insurance for ;
Isle of Wight County
D. Request for .Extension of Services by Powell Management
Associates
E. Tyler's Beach Harbor =Update
F. DEQ/Public Notice for November 29,.2004
G, Planning Commission Action List of November 23, 2004
H. Delinquent Real Estate Tax. Collection Monthly Report
L November 16, 2004 Regular Meeting Minutes
Supervisor Bradshaw moved the Board adopt the Consent Agenda, as
presented. The .motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor: of the
motion,.. and no Supervisors voting against the motion.
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Chairman Clark called for Transportation Matters.
Sandon Rogers, Transportation Planner, noted contained in the agenda
is VDOT's response to cost overrun information on the Route 620 project.
Mr. Joe Lomax, Assistant Resident Engineer, VDOT, briefed the Board
on the cost, by .line item, associated. with the. overrun on the Route 620
project. He advised that the Route 620 project was developed under the
minimum plan concept, which is appropriate for projects that require a
limited amount of survey data, engineering, or hydraulic analysis. He stated
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minimum plan projects. allow VDOT to keep preliminary engineering costs to
a minimum by reducing the amount. of survey, materials testing, and design
work needed to develop the plans; however, with respect to the Route 620
project, the. reduced preliminary engineering work failed to identify
unsuitable. subgrade material on the site that would cause the cost of
construction to overrun significantly. He noted the following contract items-
. were a result: of ..the unsuitable sub-grade material encountered: extra
excavation; borrow excavation; Work Order No. 1 ~- NS rock fill; asphalt
concrete base;. and, aggregate No. 25 or No.'26. He advised that the extended
length of time that the project was under construction also led to several other.
cost overruns.. He noted the project was awarded as a 210 calendar day
project, but due to weather and cash flow problems within the State that led
to a voluntary. shut down, the project. finished in 848 calendar days. He noted
that although the delays did not count against the contractor, as they were
deemed to be out of his control, the project still. had to be maintained for
public safety and to protect the environment. He noted the associated items
resulted from the delays: Group II Channelizing Device and flagger service;..
Field Office II; seed and lime; Work Order No. 1 -Erosion Control Mulch;.
Erosion control stone; Work Order No. 1 -Protective Covering; silt fence;
and, three (3) additional check dams. He noted with respect to positive
drainage, adjustments were made that led to increased costs, such as Work
Order No. 2, the outfall ditch excavation and cleanout extension.. He advised
that additional cost on this .project that contributed to the overrun include
construction engineering costs, additional survey and hydraulics reviews to
assist with redesign elevations and grades for the final project. Mr. Lomax
stated that VDOT is now under mandate to minimize plan errors and mitigate
additional expenses on current and future projects. He noted that the County,
in the future, will be informed of any significant project changes and asked.
for input to assist. in future solutions. He advised that there is one potential
claim outstanding from the contractor for changed conditions relative to the
borrow excavation overrun and disposal of the unsuitable material, and that
there are several right-of--way parcels still under negotiation.
Supervisor MacManus inquired if VDOT has a policy for penalizing.
contractors who bid on more projects than they are capable of handling.
Mr. Lomax nofied there are safeguards in place,. and he offered to
provide the Board with a copy. He stated that when the contractor bid on the
other jobs, he had no way of knowing that VDOT would ask him to stop. on
the Route 620 project, and he was not penalized .because VDOT's voluntary
request to .cease work compromised the contractor's"ability to finish thefirst
job and also affected the other jobs.
Supervisor Bradshaw requested that VDOT staff continue to
communicate with he Board, as necessary, concerning County road projects.
as they have a significant impact on he finances that the Board is responsible
for overseeing.
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Fred Westfall, Goodman and Company, presented the County's
Financial Audit Report for the Year Ended June 30, 2004 to the. Board. He
..stated the County's General Fund balance is now in excess of $14,000,000,
and the. Public Utilities fund.. showed a profit as a result of increased
connection fees.
Supervisor MacManus inquired if there were any recommendations for
improvement made in the report.
Mr. Westfall: replied that recommendations were made on minor issues,
and no major weaknesses were noted. He stated there were no reportable
conditions, .and staff has already begun to address the recommendations on
the minor issues..
Supervisor Bradshaw moved the Board .accept the Financial Audit
Report for the Year Ended June 30, 2004, as presented. The motion was
adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, .and no Supervisors voting
against the motion.
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Chairman Clark called for Citizen's Comments.
Miles Blount, Jr. of 14040 Ponderosa Lane in Carrollton expressed his
opposition to the approval of the Conditional Use. Permit for the Elk's Lodge
on Blount's Corner Road. He stated the Planning Commission voted to
recommend denial to the Board, and the. School Board, as well as the
Sheriff's Office have expressed opposition to the application. He stated the
community has also expressed their opposition through letters, .cards and
petitions in excess of 400 names. He stated that he in concerned that the Elks
will not be able to build. an adequate building that will fit into the .community
and still be profitable. He stated the Elks members have failed to convince
the community that the Elks Lodge can coexist in the same community.
Richard Gromlich of 9111 Blount's Corner .Road expressed opposition
to the proposed location of an Elk's Lodge on Blount's. Corner Road. He
presented a list of suggested changes to the conditions for consideration by
the Board, as follows: change the hours of operation to 10:00. p.m.; change
the wording "serving of alcohol" to "consume or consumption"; events
sponsored by the Elks .must also have security; include a .condition that there
be no loitering in the parking lot; include a condition that any event involving
over 50 cars must have on-street traffic controls; change the statement "at
.maturity" to allow for plantings that will provide acoustic benefit and appeal
for the building; require an acoustic evaluation of the plan, and approval of
the building should be contingent upon an acoustic certification of those
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plans so that all the noise is contained to the inside. of the building; and, that
there. also be acoustic inspections during the course of construction of the
lodge.
Charles W. Phelps of 271 Eagles Nest Lane expressed opposition to the
proposed location of an Elk's Lodge on Blount's Corner Road. Speaking in
his capacity as Sheriff of Isle of-Wight County, he .noted concerns with the
close proximity of the building to existing homes.. He stated. that he
anticipates the Sheriff's Office receiving numerous calls concerning noise,
which increases .the demand on the Sheriff's Office. He expressed concern
with traffic congestion that will occur during heavily attended events, causing
backups on Old Stage Highway and making traveling in either direction.
impossible for lengthy periods. of time, as well as the possibility of a serious
. accident occurring because the roadway is a 55 mph speed zone. He stated
that locating asocial club adjacent to a school does not send a message to
students .that. consumption of alcohol is not. aproper- thing to do. He
expressed concern with the proposed security plan for functions, and stated
he does not allow .his deputies to .work. dances where alcohol is consumed
because it may require them to appear in court, and it is a cost to the citizens
of the County, not the Lodge. He stated. should a deputy have to use force to
effect the arrest, the County and the state assume the liability. He requested
the Board not approve the permit for the location, of the Elk's Lodge on
Blount's Corner Road.
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Gary K. Kirts of 400 Kings Point Avenue in the Wrenns Mill Estates
notified the Board that there is also a residence in Wrenns Mill Estates with
the. address of 400 Kings Point Lane. He requested that appropriate action be
.taken so that the mix-up in mail. services between these residences can be
alleviated.
Supervisor MacManus moved that the Board add Mr. Kirts' concern
for discussion under New Business. The motion was adopted unanimously
(5-0).
Perry Moss, Jr. of 204 Bishop Circle and Pastor of Soteria. Christian
Center located at 936 South Church Street in .Ivor requested that the Board
approve tax exempt status for Soteria Christian Center International.
Chairman Clark .advised Pastor .Moss that his request is listed in the
agenda as Item (C) under Old Business later in the meeting.
Jan Baker of 171.11 Days Point Road expressed opposition to the
proposed location of an Elk's Lodge.. on Blount's Corner Road. She
requested that the Board consider the hours of operation of the Lodge in
conjunction with school activities, and the possibility of building a road that
goes out onto Route 10.
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At 7:00 p.m., Supervisor MacManus moved thatthe Board amend the
agenda in .order to conduct .the. public hearings. The motion was adopted
unanimously (5-0).
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Chairman Clark called for. a public hearing on thefollowing: <
A. Meals Tax Ordinance
County Attorney Stroman advised that pursuant to the results of the
voter referendum on November 2, 2004, the County is now authorized to
enact a tax on food and beverages. He further advised that the public hearing
has been duly advertised.
Chairman Clark called for persons to speak in favor of, or in opposition
to, the proposed Ordinance.
No one appeared.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor .Wright moved .the Board adopt the. following Ordinance,
effective February 1, 2005, as presented:
AN ORDINANCE TO AMEND CHAPTER 15. TAXATION TO ADD
ARTICLE VI: TAX ON PREPARED FOOD AND BEVERAGES
WHEREAS, the Isle of Wight County Board of Supervisors seeks to
diversity the tax base in order to reduce reliance on real estate taxes; and
WHEREAS, the voters of Isle of Wight County authorized a tax on
prepared food and beverages in a referendum held on November 2, 2004; and
WHEREAS, the Board of .Supervisors. deems it appropriate to enact
such a tax.
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter 15. Taxation, Article VI. TAX ON
PREPARED FOOD. AND BEVERAGES be amended as follows:
ARTICLE VI. TAX ON PREPARED FOOD AND BEVERAGES
Sec. 15-22. Definitions.
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The following words. and phrases, when used in this article, shall have, for
the purposes of this article, the following respective meanings. except where
the context clearly indicates a different meaning:
Beverage. Any alcoholic beverages as defined in section 4.1-100 of the
- Code of Virginia, 1950, as amended, ,and. nonalcoholic beverages, any of
which are served as part of a meal, excluding alcoholic beverages sold in.
factory containers and purchased for off-premises consumption.
Caterer. A person who furnishes food on the premises of another for
compensation.
Commissioner of the Revenue. The commissioner of the revenue of the
county. and any of his duly. authorized deputies, assistants, employees or
agents.
Food. Any and all edible refreshments or nourishment, liquid or otherwise,
including alcoholic beverages and nonalcoholic beverages served with. a
meal, purchased in or from a restaurant or from a caterer, except snack foods.
Meal. Any food as herein defined, .other than a beverage, sold for
consumption on the premises or elsewhere, whether designated as .breakfast,
lunch, snack, dinner, supper, or by some other name, and without regard to
the manner, time,' or place of service.
Person. Any individual, corporation, company, association, firm,
partnership. or any group of individuals acting as a unit.
Purchaser. Any person who purchases food in or from a restaurant or from
a caterer.
Restaurant.
(1) Any place where. food is prepared for service to the public whether on
or off the premises including a delicatessen counter at a grocery store
or convenience store selling prepared foods ready for human
consumption;
(2) Any place where food is served to the public; or
(3) Anyplace or operation which prepares or stores food for distribution to
persons of -the same business operations or of a related business
operation for service to the public.
Examples include a dining room; grill; coffee shop; cafeteria; cafe;.snack bar;
lunch counter; lunchroom; short-order place; tavern; delicatessen;
confectionery; bakery; eatery; drugstore.; catering service; lunch wagon or
truck; pushcart or other mobile facility that sells food; dining facility in a
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public or private club, resort, bar, or lounge; kitchen facility of a hospital or
nursing home; and dining facility of a public ar private school or college.
.Seller. Any person who sells food in or from a restaurant or as a caterer.
Snack food. Chewing gum, candy, popcorn, peanuts and other nuts, and
unopened prepackaged cookies, donuts, crackers, potato chips and other
items of essentially the same nature. and consumed for essentially the same.
purpose..
Treasurer. The treasurer of the county and any of his duly authorized
deputies, assistants, employees or agents. (12-16-04)
Sec. 15-23. Levy of tax; amount.
In addition to all other taxes and fees of any kind now or hereafter imposed
by law, a tax is hereby levied and imposed on the purchaser of all food
served, sold or delivered for human consumption in the county in or from a
restaurant, whether prepared in such restaurant or not, or prepared by a
caterer. The rate of this tax-shall be four percent of the amount paid for such
food. In the computation of this tax, any fraction of $0.005 or more shall be
treated as $0.01. (12-16-04)
Sec. 15-24. Payment and collection of tax.
Every .seller of food with respect to which a tax is levied under this article -
shallcollect the amount of tax imposed under this article from the purchaser
on whom the same is levied at the .time payment for such food becomes due
and payable, whether payment is to be made in cash or on credit by means of
a credit card or otherwise. The amount of tax owed by the purchaser shall be
added to the cost of the food by the sealerwho shall pay the taxes collected to
the county as provided in this article. Taxes collected by the seller shall be
held in trust by the seller until remitted to the county. (12-16-
04)
Sec. 15-25. Reports and remittances generally.
Every seller. of food with respect to which a tax is levied under this article
shall make out a report, upon such forms and setting forth such information
as the commissioner of the revenue may prescribe and require, showing the
amount of food .charges collected and the tax required to~ be collected, and
shall sign and deliver such report to .the treasurer with a remittance of such
tax. It shall be presumed that all food. served, sold or delivered in the county
(outside of incorporated towns) in or from a restaurant which provides
seating facilities for its customers are consumed on premises and the burden
shall be upon the seller of food to establish by records what food is sold for
off-premises consumption. Such reports and remittance shall be made on or
before the first business day ..following each calendar quarter, covering the
amount of tax collected during the preceding quarter. (12-16-04)
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Sec. 15-26. Preservation of records.
It shall be the duty of any seller of food .liable for collection .and remittance
of the taxes imposed by this article to keep and preserve for a period of three
years records, showing. gross sales of all food and beverages, the amount
charged the purchaser of each such purchase, the date thereof, the taxes
collected thereon and the amount of tax required to be collected by this
article. The commissioner of the revenue shall have the :power to examine
.such records at reasonable. times and without unreasonable interference with
the business of the seller, for the purpose of administering. and enforcing the
provisions of this article and to make copies of all or any parts thereon. {12-
16-04)
Sec. 15-27. Advertising payment or absorption of tax prohibited.
No seller shall. advertise or hold out to the public in .any manner, directly or
indirectly, that all or any part of the tax imposed under. this article will be
.paid or absorbed by the seller or anyone else, or that the seller or anyone else
will relieve the purchaser of the payment of all. or any part of the tax. (12-16-
04)
Sec. 15-28. Tips and service charges.
(a) Where a purchaser provides a tip for an employee. or employees of a -
seller, and the amount of the p is wholly in the discretion of the purchaser,
the tip is not subject to the tax imposed by this article, whether paid in cash to
the employee or added to the bill and charged to the purchaser's account,
provided, in the latter case, the full amount of the tip. is turned over to the
employee by the seller.
(b) An .amount or percent, whether designated as a tip or a service charge, ,
that is added to the price. of the meal by the. seller,. and required to be paid by
the purchaser, is a part of the selling price of the meal and is subject to the tax
imposed by this article. (12-16-04)
Sec. 15-29. Duty of seller when going out of business.
Whenever any seller required to collect or pay to the county a tax under this
article shall cease to operate or otherwise dispose of his business, any tax
payable under this article shall became immediately- ,due and .payable and.
such person shall immediately make a report and pay the tax due. (12-16-04)
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Sec. 15-30. Enforcement; duty of commissioner of the revenue.
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The commissioner of the revenue. shall promulgate rules and .regulations for
the interpretation,. administration and enforcement of this article: It shall also
be the duty. of the commissioner of the revenue to ascertain the name of every
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seller liable for the collection of the tax imposed by this article who fails,
refuses or neglects to collect such tax or to make the reports and remittances
.required by this article. The commissioner of the revenue shall have all of
the enforcement powers as authorized by article 1, chapter 31 of title 58.1 of
the Code of Virginia (1950), as amended, for purposes of this article. (12-16-
04)
Sec. 15-31. Procedure upon failure to collect, report, etc.
If any seller whose duty it is to do so shall fail or refuse to collect the tax
imposed under this article and to make, within .thee: time provided in this
article, the reports and remittances.. .mentioned in this article, .the
commissioner of the revenue shall proceed in such manner as he may deem
best to obtain facts and information on which to base his estimate of the tax
due. As soon as the commissioner of the revenue shall procure. such facts
and information as he is able to obtain upon which to base the assessment of
any tax payable by any seller. who has failed or refused to collect such tax and
to make such report and remittance, he shall proceed to determine and assess
against such seller the tax and penalties provided for by this article and shall
notify such seller, by registered mail sent to his last known place of address,
of the total amount of such tax and penalties and the total amount thereof
shall be payable within ten days :from the date such notice is sent. (12-16-04)
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Sec. 15-32. Duty of treasurer.
The treasurer shall have the power. and the duty of collecting the taxes
imposed and levied hereunder and shall cause the same. to be paid into the
general treasury for the county.
Sec.. 15-33. Penalty of late remittance or false return.
If any seller whose duty it is to do so shall fail or refuse to file any report
required by this article or to remit to the treasurer the tax required to be
collected and paid under this article within the. time and in the amount
.specified in this article, there shall be added to such tax. by the treasurer a
penalty in the amount often percent thereof and interest thereon at the rate of
eight percent per annum, which shall be computed upon .the taxes and penalty
from the date such taxes are due and payable. (T2-16-04) -
Sec. 15-34. Violations of article.
Any person violating, failing, refusing or neglecting to comply with. any
provision of this article shall be guilty of a Class 3 misdemeanor. Conviction
of such violation shall not relieve any person from the payment, collection or
remittance of the taxes provided for inthis article. Any agreement by any
person to pay the taxes .provided for in this article by a series.. of installment
payments shall not relieve any person of criminal liabi ity for violation of this
article. until the full .amount of taxes agreed to be paid by such person is
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received by the treasurer. Each failure, refusal, neglect or violation, and each
day's continuance thereof, shall constitute a separate offense. (12-16-04)
Sec. 15-35. Exemptions.
The following purchases of food shall not be subject to the tax under this
article:
(a) Food furnished by restaurants to .employees as part of their
compensation when no charge is made to the employee.
(b) Food sold by nonprofit day care centers, public or private elementary
or secondary schools or food sold. by any college or university to its
students or employees.
(c) .Food. for use or .consumption by the commonwealth, any political
subdivision of the commonwealth or the United States.
(d) Food furnished by a hospital, medical. clinic, convalescent home,
nursing home, home for the aged, infirm or handicapped or other
extended care facility to patients or residents thereof.
(e) Food furnished by a nonprofit charitable organization to elderly,
infirm, handicapped or needy persons in their homes or at central
locations.
(f) Food sold by a nonprofit educational, charitable or benevolent
organization on an occasional basis as afund-raising activity or food
sold by a church or religious body on an occasional basis.
(g) Food furnished by boardinghouses that do nat accommodate transients.
(h) Food sold by cafeterias operated by industrial plants for employees
only.
(i) Food sold by nonprofit cafeterias in public schools, nursing homes and
hospitals,
(j) Food sold'by churches, fraternal and social organizations and volunteer
fire departments and reserve squads which hold occasional dinners and
bazaars of one- or two-day duration, at which food prepared in the
homes of members or in the kitchen of the organization is offered for
sale to the public...
(k) Food furnished by churches which serve meals for their members as a
regular part of their religious observance.
(1) Food sold through vending machines.
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(m) Any food or food product purchased for `home consumption as defined
in the federal Food .Stamp Act of 1977, 7 U.S.C. section 2012, or
amended, except .for salad bar items .sold from a salad bar, prepackaged
single-serving salads .consisting primarily of an assortment of
vegetables, and .non-factory sealed beverages. This exemption does not.
include hot food or hot food products ready for immediate
consumption.
(n) Any other. sale of food .which is exempt from taxation under the
Virginia Retail Sales and Use Tax Act, oradministrative rules and
regulation issued pursuant thereto. (12-16-04)
State law reference-Code of Va., Section 58.:1-3833.
Sec. 15-36. Severability.
If any provision of this article, or any application of such p.~rovision to any
person or under any circumstances, shall be invalid, the remainder. of this
article, or the application of such .provisions to persons or under
circumstances other than those to which it shall have. been held invalid, shall
not be affected thereby. (12-16-04)
This Ordinance shall be effective on February 1, 2005.
The motion was adopted by a vote of (5-0) .with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
B. Inspections Fees Ordinance
County Attorney Stroman stated .responsive to the discussion held at a
prior meeting .between the Board and the County's Superintendent of
Inspections relative to fee increases; he has prepared a proposed Ordinance
for the Board's consideration which has been properly advertised.
Chairman Clark called for persons to speak in favor of, or in apposition
to, the proposed Ordinance. '
No one appeared.
Chairman Clark closed the public. hearing and called for comments
from the Board.
Supervisor Bradshaw recommended that the building population
receive a 60-day notice.
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Chairman Clark moved the .Board adopt the following Ordinance,
effective March 1, 2005:
AN ORDINANCE TO AMEND CHAPTER 4. BUILDINGS,
ARTICLE III. INSPECTIONS, DIVISION 2.
FEES WHEN BUILDING PERMIT REQUIRED
WHEREAS, the .Isle of Wight. County, Board of Supervisors recognizes
that the. fees. associated with various inspections and permits are no longer
comparable to neighboring jurisdictions; and
..WHEREAS, the Isle of Wight County Board of Supervisors further
recognizes that in .many instances the cost of providing the inspection or
permit is less than the cost of providing these services;.and
WHEREAS, the Isle of Wight County Board of Supervisors deems it
appropriate to increase the inspection and permit fees.
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter. 4. Buildings, Article III. Inspections,
Division 2. Fees When Building Permit Required, be amended as follows:
ARTICLE III. INSPECTIONS
Division 2. Fees When Building Permit Re wired
Sec. 4-8. Construction, repair or alteration of buildings or structures
(a) Minimum permit fee. The minimum building permit fee shall
be $30.00
(b) Reinspection fee. The reinspection fee shall be $100.40
(c) .Basic permit fee.
1. Usable area under roof,. per building or structure (includes all.
new construction, ..finished or unfinished): For the construction of any
building or addition thereto where .floor. area is increased, the fee shall be
based on the floor area to be constructed, as computed from exterior building
dimensions at each floor.
a. All buildings of minimum construction types, for the
first forty thousand square feet and .under, $012 per square foot.
b. All: buildings. over forty thousand square .feet, $.08 per
square foot.
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2. All other structures not under roof, minimum permit fee of
$30.00 + $.10 per square foot. (including patios, decks, ramps and loading
docks).
(d) .Demolition permit fee.. The demolition permit fee. shall be as
follows:
(1) Accessory buildings and structures, $35.00 each.
(2) All other buildings and structures, $45.00 each.
(e) Movingstructures permit fee. The permit .fee for moving
.structures shall be as follows:
(1) .Accessory buildings or structures, $45.00..
(2) All. other buildings and. structures, $55.00.
(f) Industrialized building permit fee. The industrialized building
permit fee shall be the same as the basic permit fee in paragraph (c) (1)
(excluding mobile homes).
(g) .Modular construction permit fee. The modular ,construction
permit fee shall be the same as the basic fee in paragraph. (c) (1) of this
section.
(h) Mobile home permit fees. The mobile home permit fee shall. be
as follows:
(1) Mobile home and other mobile units permit fee, $35.00
each.
(i) Sign permit fees. Sign permit fees shall be $65.00 per sign.
(j) Tents and other temporary structures permit fee. The permit fee
for tents and other temporary structures shall. be $45.00 each.
(k) Chimneys=fireplaces, etc. The .permit fee for chimneys,
fireplaces, wood and coal stoves and other. solid fuel burning heaters shall be
$35.00. (Note: Fireplaces, heaters and chimneys shall be included in new "
construction permit fees only if so noted at the time of issuing the permit.)
(1) Alterations to create finished space. The fee for alterations. to
shell buildings, unfinished tenant spaces, garages and attics to create finished
space shall be $0.06 per square foot.
(m) Other structures. The fee for all other structures as defined in the
Basic Building Code not included in the above fee schedule are as follows:
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(1) Piers - $35,00
(2) Pools-
(a) Ingrnund - $65.00
(b) Above ground - $45:00.
(3) Retaining wall as defined in the Building Code - $30.00
(4) Towers - $30.00 °
(n) Permit reissuance fee. Permits becoming invalid as specified
by the code may be reissued up to a period of .five years and charged a fee of
$30.00 for each six .months period thereof.. A request for such re-issuance
shall be in writing and submitted prior to the permit becoming. invalid..
(o) Plans examination.
(1) The fee for plans examination, other than residential and
accessory: structures, shall be $250.00.
(2) A fee of $55.00 shall be charged for the reviewing of residential
plans prior to making application for a permit. This fee will be credited to the
permit fee if the permit is applied for within six months
(p) Appeals. For each appeal to the Building Code board of appeals,
the fee shall be $450.00. (1-10-74, A; 5-3-79; 6-16-88, 12-16-04.)
For state law. as to authority of county to levy permit fees,
see Code of Va., 36-105.
Sec. 4-9. Installation of plumbing; fixtures etc
(a) Minimum permit fee. The minimum permit-plumbing fee shall
be_$30.00.
(b) Reinspection fee. The reinspection fee .shall be $100.00 (see
section 4-8 (b)). Corrections. shall be made. and the reinspection fee paid
before the reinspection is conducted.
(c) Basic permit fee. The basic plumbing .permit .fee `shall be as
follows:
(1) Residential, $25A0 per bathroom to include.l/2 baths..
(2) Commercial, $30.00 plus $8.00 per fixture.
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(d) Sewers, manholes, etc.' The permit _fee for sewers, storm and
sanitary manholes, area drains or devices shall be $10.00 each.
Sec. 4-10. Electrical services.
(a) Minimum permit fee. The minimum electrical service permit
fee shall be $30.00. E
(b) Reinspection fee. The reinspection fee shall .be $100.00. (see
section 4-8 (b)).
(c) New service equipment ermit fee. New service .equipment
permit fees shall be as follows (new construction fees based on total ampacity
of service equipment of service equipment and subpanels feeder overcurrent
protection):
0-200 amps .........................:.........$45A0
201-400 amps ................................$55.00
40:1-600 amps ... ......... ...........$75.00
601+ amps.' ........ .. ................... $75.00 + $20 per 50 amps
above 600
(d) Relocations and service increases permit fee. The permit fee for
relocations and service increases shall be as follows. (additional work charged
according to subsection (i) of this section ):
(1) Existing service panels only, $30.00 each.
(2) .Meter only, $30.00 each.
(3) Service increases, $30.00
(e) Temporary service.. The fee for temporary: service (includes
thirty-day power release. prior to the issuance of a certificate of occupancy)
shall be $40.00.
(f) Reconnection fee. The reconnection fee shall be $30.00
each (this does not include any electrical work within any structure).
(g) Mobile home hookup. The fee for a mobile home hookup
(excluding electrical service) shall be $30.00. For a mobile home hookup
plus electrical service, the fee shall be based on the size of service.
(h) Connections and outlets_ The fee for .fixed appliances and
equipment connections and outlets to existingservice (ranges, water heaters,
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dishwashers, .disposals,. furnaces .dryers, baseboard units, exhaust fans,
motors, air conditioning units, etc.) shall be $30.00.
(i) Permit,reissuance fee. .The permit reissuance fee shall be the
same as stated in 4-8 (n). (1-10-74, C; 5-3-79; 6-16-88, 12-16-04.).
Sec. 4-10.1. Mechanical and gas fees
(a) Minimum permit fee. The minimum mechanical and gas permit
fee shall be $30.00.
(b) Reinspection fee. The reinspection fee shall be $100.00. (see
section 4-8 (b)).
(c) _Basic permit fee. The basic mechanical .and gas permit fee shall
be as follows:
(1) New construction:
a. Up to $1,000.00 contract value, $30.00.
b. Over $1,000.00 contract value, $30.00 plus $6.00 per
$1,000.00 or fraction thereof.
(2) EgUlpment replacement repair etc The :permit fee for the
replacement, repair or alteration of mechanical systems, or equipment in
existing. buildings, structures or additions thereof shall be as follows:
a. Up to $1,000.00 contract value, $30..00.
b. Over. $1,000.00 contract value, $30.00 plus $6.00 per
$1,000.00 or .fraction thereof.
Exceptions: Domestic cooking equipment and space
heaters in dwelling units are exempt from mechanical permit fees..:
Inspections. of this equipment are required.
(d) Fuel piping. The fuel piping permit fee shall be as follows:
(1) Minimum .permit fee, $30.00.
(2) Each outlet, $7.00.
NOTE: This fee applies when a permit is issued for fuel piping work
only.
(e) L.P.G. tanks and piping. The .permit fee .for L.P.G. (i.e., butane,
propane, etc,) tanks and associated piping shall be .$30.00 per tank.
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(f) .Tanks and- piping for flammable liquids. Tanks and. associated
piping for flammable liquids shall be $30.00 per tank..
(g) Removal of fuel storage tanks. Removal of fuel storage
tanks shall be theminimum fee; i.e., $30.00 for each tank.
(h) Fire suppression systems. The fire suppression system permit
fee shall be as follows:
(1 } New construction, same as basic fee (paragraph (c} (1) of
this section)..
(2) All others, same as basic fee (paragraph (c) (2) of this
section}.
(i} Elevators dumbwaiter etc. .The permit fee. for elevators,
dumbwaiters, moving stairways, moving walks, construction personnel hoists
and conveying equipment shall be $30.00 per unit.
(j) Permit reissuance fee. The permit reissuance fee shall be the
same as stated in section 4-8 (n).
(k) Amusement rides and devices.. :The permit fees for .amusement
rides and devices shall be as follows:
(1) Kiddie rides, $15..00.
(2) .Major rides, $20.00.
(3) Spectacular rides, $45.00. (6-16-88, 12-16-04)
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, .Bradshaw, Clark and .Wright voting in favor of he
motion, and no Supervisors voting against the motion.
Chairman Clark called .for a public hearing on the following:
C. .Johnson Farm .Lease Renewal
County Attorney Stroman advised that the proposed renewal of the
Johnson Farm Lease to Matthew J. Johnson has been properly advertised for
public hearing.
Chairman Clark called for persons to speak in favor of, or in opposition
to, the proposed lease renewal.
No one appeared.
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Chairman Clark closed the public hearing and called for comments of
the Board.
Supervisor Bradshaw moved the Board .approve the lease renewal for a
five (S) year. period. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and. no Supervisors voting against the motion.
Chairman Clark. called for a public hearing on the following:
D. The application of Darrell Daniels for an .exception to the
Chesapeake Bay Preservation Area Ordinance.. Specifically,
Section 4002 (B}(2)(a) to allow encroachment of 87 feet into the
100 foot Resource Protection Area Buffer for the construction of
asingle-family residence. The property, containing ..438.1 acre of
land is known as Lot 16 James Landing Neighborhood,. in the
Gatling Pointe Subdivision, Smithfield, in .the Smithfield
Election District.
Chairman Clark called for. persons. to speak in favor. of, or in opposition
to, the proposed application.
William Riddick, attorney representing the applicant, Dr. Daniels,
stated the lot under discussion was purchased in 1998_ and was created .prior
to the adoption of the Chesapeake Bay Act. He stated Dr. Daniel submitted
an application in 2002 for. an exception and was denied by the Planning
Commission and the Board, and since that time Dr. Daniels has met with
appropriate. County staff in an effort. to meet the requirements of the Act to
the fullest extent. He stated a site plan .has been .developed in close
cooperation with County staff, and Dr. Daniels has obtained a variance from
the Board of Zoning Appeals that would permit him to bring the house five
(5) feet closer to the street. He stated Dr. Daniels has. also obtained tie
services of a skilled builder familiar with the challenges this type of lot might
present..
Dr. Daniels advised when he originally purchased the lot from East
West Properties he was told -this was a .building.. lot that predated the
Chesapeake Bay Preservation. Area Ordinance. He stated he is aware of what
needs to be done to protect the banks and the environment, and he requested
that the Board approve the application.
Russ Holloman of Gatling Point. North, General Contractor for Dr.
Daniels, noted that he has worked with Dr. Daniels and County staff for over
two (2) years trying to establish. a footprint so that building can ..commence.
He stated that a reduction of the print foot to a minimum footage allowed in
the community has been developed.
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Mark Edwards of 105 Mariners Court spoke in favor of the- application.
He stated Dr. Daniels has compromised greatly in his house plan,, and Dr.
Daniels is being accessed a full market value on his lot. He noted that the
individuals who have expressed opposition in the past have done so because
having a home built at the proposed site would affect their: view of the James
River.
Pat Clark of Twin Hill Lane stated the members of the Carrollton Civic
League and Isle of Wight Citizens Association worked diligently in the past
to protect the compliance with the Chesapeake Bay .Preservation Area.
..Ordinance. He cautioned the Board not to set a precedent by approving this
application.
Chairman Clark closed the public hearing and called for comments
from the Board.
County Attorney .Stroman stated the lot under discussion is within the
category of those lots that were recorded prior to October 1, 1989, and the.
adoption of the Chesapeake Bay Preservation Area Ordinance. He stated that
the central issue is whether it is the Board's opinion that what has been
.proposed is the minimum necessary to afford. the applicant relief.
Supervisor .MacManus inquired if the proposed home is one (1) story
or two (2).
Attorney Riddick replied the proposed home is two (2) story, and the.
subdivision restrictions of Gatling Pointe require a minimum of 2,000 square
feet.
Supervisor Bradshaw made reference to he Chesapeake Bay. Local
Assistance Department report noting that six (6) requirements must be met.
He inquired if the .Board in the past has not denied other property owners
from building on their lots.
County Attorney Stroman advised that the Board has approved and
denied various applications for exemptions in the. past." He stated that
requirement number two (2) addresses. not conferring a special privilege
which is denied .other property owners who are subject to those provisions
and who .are similarly situated. He advised that the Board must take
precedents into account, but each application. has to be reviewed to determine
whether or not it meets the criteria.
Supervisor MacManus inquired if the applicant maximized all the land
available to him within the 50-foot RPA, up to the 30-foot line and the side
setbacks.
Jonathan W. Hartley, Director of Planning .and Zoning, noted there are
some spaces that are not utilized to their fullest potential near the garage, as
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well as the setback on the front corner and at the driveway. He noted there
are approximately 12 lots, of which six (6) remain, in the Gatling Pointe
Subdivision that contain a portion of thelot in the RPA.
Supervisor Bradbystated it puzzles him that a developer is allowed to
sell a piece of property to an individual with the. understanding. that the
individual will be allowed to build upon the lot, only to learn that the lot can
not be built upon.
Mr. Hartley pointed out that from the time that the lot was created and
built upon, the laws have changed, and the Chesapeake Bay Preservation
Area Ordinance. has established standards that must be met to build upon
certain lots.
Supervisor Bradshaw commented that the.. County must comply with
:the. Chesapeake Bay Preservation Area Ordinance and adhere to state law or
be in jeopardy of losing state funding.
Chairman Clark noted he was concerned with the County's legal
liability if the Board denies this application and the applicant's right. to build
on the lot.
Supervisor Bradshaw noted that it was Dr. Daniels' responsibility when
he purchased the lot in 1998 to be familiar with the federal, state and County
laws with respect to building on the proposed. lot. He stated that the. person
who sold him the lot should have also advised Dr. Daniels about any changes
in law.
County Attorney Stroman advised Supervisor Bradby,. in response to
his earlier statement, that the issue before-the Board tonight is not whether
Dr. Daniels' lot may be built upon or not, but whether or not the applicant
has. met the criteria of the Chesapeake Bay Preservation Area Ordinance to
allow him to build on a lot. platted before October 1, 1989. He stated the key
issue is the minimum necessary to afford relief, and-..there. is always a
potential taking issue when issues related to the, Chesapeake Bay are "
.addressed. He stated the legal issue, in the event the Board denies. this
application, pertains to whether there is anything about this application that
could have been changed so as to minimize the adverse effect. on the
Chesapeake Bay.
Supervisor MacManus moved the Board deny the application.. The
motion .was adopted by a vote of (3-2) with Supervisors MacManus,
Bradshaw and Wright voting in favor of the. motion, and Supervisors Clark
and Bradby voting against the motion.
Chairman Clark called fora public hearing on the following:
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E. The application of Robert J. Frank for a change in zoning
classification from Rural Agricultural. Conservation (RAC) to
Conditional General Commercial. (C-GC), 6.4 acres of land
.located on the south side of Brewer's Neck Boulevard (Route
258) east of the Benns Church: Boulevard (Route 10) intersection,.
Carrollton, in the Newport Election District. The purpose of the
application is for a future retail out parcel and mini-warehouse
complex phase IL
Mr. Hartley recalled that the Board tabled consideration of this
application at its September 16, 2004 meeting. He'advised that the applicant
is requesting that this „application continue to be tabled, and he would
recommend it be tabled an additional six (6) months until June, 2005 in order
to allow the .applicant additional time to address a master plan for .that
property. He stated he would not again advertise the matter for public
hearing until he receives the Board's authorization.
Chairman Clark opened. the public hearing. and called. for persons to
speak in favor of, or in opposition to, the proposed application.
No one appeared.
Chairman Clark closed the public. hearing. and called for comments
from the Board.
Supervisor Bradshaw. stated because it is the applicant that is
requesting that the. matter be deferred, he would recommend that the Board
move. the application to June, 2005 and readvertise the matter for public
hearing at the applicant's expense.
.Supervisor Wright moved the Board table the application .until -the
Board's June 16, 2005 meeting, and that it be readvertised for public hearing
at the applicant's expense. The motion .was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting. against the motion.
Chairman Clark called for a public hearing on the following:
F. Minor Revisions to the Chesapeake Bay Preservation Area
Ordinance, Appendix B-l, of the Isle of Wight County Code.
Mr. Hartley .advised .the Board that .the proposed revisions to the
Ordinance include issues dealing with redevelopment. He noted that the
Planning Commission recommends approval of the Ordinance to the Board.
Chairman Clark. called for persons to speak in favor of, or in opposition
to, the proposed Ordinance. '
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No one appeared.
Chairman Clark closed the public hearing and called for .comments
from the Board.
Supervisor Bradshaw moved that .the Board adopt the following
Ordinance:
PROPOSED AMENDMENTS TO
THE ISLE OF WIGHT COUNTY
CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
The amendments proposed .are indicated below, with additional .language.
shown with a double underline and deletions with the °*r~'~°*"~^••~"
---
Section 4001. Development Criteria for Resource Protection Areas.
A.
2. Redevelopment on isolated "redevelopment sites shall be
permitted. only if there. is no( an increase in the amount of
impervious cover and no further encroachment occurs within the.
RPA and it shall cGnform to applicable erosion and sediment
control requirements outlined under 4000.B.5 and the stormwater
management requirements outlined under Section 4000.B(9) of
this Ordinance. For purposes of this section. in redeveloping a
site. the encroachment of a~r_opased building or structure shall
be based Dilly on .the location of existing builder s or structures.
or the locations of_1e_7all~established historical buildings or
structures and shall not be based on other impervious cover (i e
drivewa~s~sidewalks uatios decks etc l located on the site
Section 4003. Water Quality Impact Assessment
C. Contents of the Impact Assessment
The information required below shall be considered a minimum, unless
the Zoning Administrator determines that some of the elements are
..unnecessary .due the .scope and nature- of the proposed .use and
development of land.
I. A site plan, which shall, at a minimum, contain the following:
a. Location. of the components of the Resource Protection
Area, including the .100-foot buffer area. delineated in
accordance with Section 3001;
Section 5001..... Nonconforming Uses and Nonconforming. Structures.
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A. The' lawful use of a building or structure .which existed on October 1,
1989 or which lawfully. exists at the time of any amendment to the
performance standards and criteria of this ordinance.. and which became
not in compliance, may continue subject to the, provisions of the
County Zoning Ordinance and the provisions below:
No change or expansion of use. shall. be allowed with the exception
that:
1. The Zoning Administrator may grant a nonconforming use and/or
waiver for structures on legal nonconforming lots or parcels to
provide for remodeling and alterations ~aa;+~^"" to such
.nonconforming structures provided that:
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the ,
motion, and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
G. Final Draft of the Isle of Wight County Zoning Ordinance
Mr. Hartley noted staff and the Planning Commission have .been
working on this document since January, 2002, and there. are a broad range of
proposed revisions, as enumerated in the staff report. He stated the Planning
Commission met throughout November and heard concerns from 21 citizens,
most of those concerns related to rural issues and the change in the zoning
designations in the rural areas. He noted contained in the agenda is an errata
sheet dated November 23, 2004 which lists all of the .revisions that the
Planning Commission recommended to the August 30, 2004 draft of the.
ordinance. He noted that the Board was provided at a previous meeting a
revised set of zoning maps .based upon the Planning Commission's
recommendation. He advised staff has received. correspondence from W. B.
Owens since the Planning Commission's action, and .written comments from
Wendy Dean regarding property at the intersection of Battery Park Road and
Nike Park Road.- He stated staff also received a request in writing from O. A.
Spady regarding property in the Battery Park area, and a request from Bobby
Edwards about a parcel that is currently zoned industrial on Route 10. He
stated that staff had developed a paper explaining ..the change in zoning,
which was also placed on the County's website, and which has generated
much- concern. He noted a letter was also sent to the speakers who attended
the Planning Commission public hearing explaining in detail that the uses on
certain properties will not changed, and. that there is actually a slight
expansion in some of the uses permitted. He noted that in 1997, staff created
an RR district, and staff is now attempting to combine the RA and NCRA
Districts with identical uses and standards. He noted .that staff has
communicated to those who spoke at the public hearing that any existing
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parcel is grandfathered and can continue to operate and function as it has in
.the past, provided the parcel was;,.. legally established, and the use .was not
discontinued for two (2) .years.
Chairman Clark called for persons to speak in favor of, or in opposition
to, the proposed Ordinance.
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Randy Royer, Kimley Horne. & Associates. of Chesapeake, representing
the development community .and a consultant for the Benns Grant .project,
stated he .has reviewed the proposed ordinance and finds many things that
would cause problems with specifically the Benns Grant project and other
developments in general. He noted that the preliminary package already
submitted to staff will not work under the ..current ordinance, and there are
some things that damage the functionality of the project, both on the
commercial -and residential sides. He recommended that the Board table..
consideration and allow further work to be done on the proposed ordinance.
He offered to work with staff should .the. Board choose to appoint a
,committee. He stated there are-.ways to avoid. sending development away,
while still having quality development. He stated the legality of Section 4-
14006 is being questioned, and his attorney. has the appropriate language to
ensure that he has the flexibility to come in with other options and build. what
is envisioned with the Benns Grant project, while still achieving what the
Board desires. He suggested that 4-14006(D) include language pertaining to
development standards and architectural guidelines included in a master
development plan approved by the Board of Supervisors shall be effective
with respect to the related. planned development, development standards and
architectural. guidelines imposed pursuant to overlay districts that would
otherwise be applicable pursuant to .Article 6 of the Zoning Ordinance shall.
not be in effect. for the planned development.. He also recommended that at
the end of Section b-1000 the statement be included "However, development
pursuant to a master development plan for a planned development zoning
district approved by the Board of Supervisors as provided in Article 4 of the
.Zoning Ordinance shall not be subject to the provisions. of Article 6."
Erin Miligan of 20591 Creek Side Drive recommended additional time
be provided for public debate and .input from experts in the. field. He also
recommended that the Board allow for an independent study to investigate
and research. any issues brought up tonight and. weigh any negative impacts
the proposed ordinance .may. have. He voiced concern with general
commercial development in the County, in particular the Newport
Development Service Overlay District, in which the standards have been.
elevated. over the other districts in the County. He stated the. extensive and
unprecedented buffers, additional setbacks, .and side or rear parking are
uninviting to prospective retailers, .and retail opportunities will bypass the
County in favor of other localities. He stated the Route 17 corridor, which
has the highest potential for commercial development, will be impacted by
devaluation of existing non-residential property which will result. in lower
commercial real estate taxes and sales tax income, and .will also increase the
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pressure to tax the citizens of the County .due to a lack of economic
development. He recommended that the Board defer action and involve
experts. in the field and other consultants, as necessary, in the evaluation of
this document.
Jerry Tenney of 1104. Wilson Road addressed the proposed change in
the Zoning Ordinance to not. allow buildings of more. 100,000 square feet,
and what this will mean to the County. He stated economic development is
needed, but not in a way that it is intrusive. He stated many citizens are
against having a Walmart locate in the County. He stated while economic
development helps keep down the residential tax rate, the quality of life in the
County can be maintained with slow, cautious development.
John Nay of 20567 Creek Side Drive spoke in opposition to the Board
approving the revisions to the Zoning Ordinance as written. He stated that
when the parking lot is hidden, the visibility of the other retail space is also
blocked. He stated retailers need to be seen from high traffic counts and the
proposed ordinance will deter quality retailers from considering the County.
He stated the new approval process is also cumbersome, and takes
approximately 290 days in the County. He stated he believes that retailers
will seek the path of less resistance and take their potential tax revenue
elsewhere. He presented a letter from his neighbor, Wes _Dollins, who is
considering building a daycare center on tract 12 in the Eagle Harbor
Subdivision. He stated Mr. Dollins is opposed to the proposed changes. in the
Zoning Ordinance with. respect. to the Location of the parking lots at the rear
of the structures because of safety. and security issues, because the business
will not be inviting to those seeking services, and because vehicle exposure
will be lost. He further expressed Mr. Dollins' concern with the use of
specific building materials as stipulated. He noted the` architectural
guidelines should be considered with the design and curb ;appeal of the
building, not the material
Alan Gregory of 43 Watson Drive noted a concern with the portion of
the ordinance that addresses large box development. He stated that he
believes a facility similar to a Walmart would. be a good step in the .right
direction to diversify the County's tax base. He noted .that .he is also in favor
of the County increasing the amount of proffers so that schools can. be built,
police hired, and fire and rescue organizations can grow. He stated that while
he values the County's small business, and believes that good sound. small
businesses will not only survive, but will thrive, no one can expect the small
businesses to sustain the projected growth. He stated focus .should be .more
on architecture and style and nat size and scope.
Teresa Johnson of 15275 Candy Island Lane expressed concern about
the proposed provision to not. allow buildings of more 100,000 square feet.
She noted. that Walmart would not agree to this provision when there are
other opportunities to build a 200,000 square foot store. She noted that many
senior residents avoid Coliseum Mall in favor of Patrick Henry. Mall which is
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all on one floor. She called attention to those citizens who rely on :scooters
while .they "shop, and the. difficulty .they encounter when trying to use an
elevator. She noted. that escalators can be .dangerous,. and there will be a
hardship placed on the fire department in the event a fire occurs. in a two-
story building. She noted many citizens are hoping for a super Walmart to
materialize, and the income received by the County will keep the real estate
assessments and tax rates from increasing. She encouraged the Board to
allow 200,000 square feet buildings, and she does not .want the County to be
known as the county with the lack of foresight to encourage property growth
and development.
Robert Duggett, Director of Public Affairs for the. Peninsula Housing
and Building Association, noted that there has not been a sufficient amount
of public input .with the proposed changes to the .Zoning Ordinance. He
noted there has also been a lack of input from housing industry
representatives. He noted specific concerns about the requirements for
rezoning applications, azid the new applications and associated requirements
will increase property owner's cost, as the cost of the new requirements will
be pushed onto new homeowners, in turn pushing the housing cost higher in
the County. He noted with respect. to the new requirement for preliminary
site plans,. time equals money, and the more time an approval process takes,
the more this cost .ends. up being placed. on the homeowner. He stated the
Comprehensive Plan .indicates that the County expects to see most of the
County's .growth in the northern area, yet in the proposed Zoning Ordinance,
this is also where same of the most stringent requirements have been placed
on development. He encouraged the Board to postpone adoption of the
proposed Zoning Ordinance in order to receive input from all interested
stakeholders, including representatives of the housing industry .and. the
commercial real estate industry.
29 .
Ivy Street. of James River Drive. stated. she is opposed to allowing large
corporations to move into the County.. She noted small business will be
forced to shut .down because they are. unable to .compete, in turn destroying
the local economy. She stated studies indicate for every two (2} jobs created
by a Walmart, a community will lose three (3).
Mark Edwards, 105 Mariners .Court, on behalf of the Isle of Wight
Chamber of Commerce, submitted a letter from the Chairman and President
of the Chamber of Commerce, Wayne Farmer and Connie Rhodes, who were
unable to attend. He expressed concerns. with the .proposed architectural
requirements within the Newport Development Service Overlay District
which seem excessive and are not practical. He stated the side. and. rear
parking requirement for. retail and commercial. shops, and the more excessive
landscaping buffer requirement will restrict the .ability of the County to
attract quality commercial businesses in the Newport District. He stated the
table with respect. to builder perimeter landscaping requirement that contains
a certain percentage of foundation plantings in .front of storefronts is difficult
to compute. He stated it is almost impossible to have a continuous plant bed.
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around the building front with the requirement for continuous awning at
shopping centers and have a loading access in the rear of the store. He stated
planters in the front are a proven means of foundation landscaping, yet there
is no provision for. it in the: proposed ordinance. He stated retailers will
demand a certain amount of branding, .and they will require the ability to .use.
their logo and font in the signage. He :noted it will be difficult to attract
quality retailers who want to have their brand known, and the excessive
restrictions will send .retailers to other municipalities. He stated :the roof
options are restricting the. buildings to be of a Georgian or Cape Cod
architectural style, and are too restrictive. He stated with respect to fencing,
there is no provision for vinyl fencing. He requested that input be sought
from qualified experts. in the business community before proceeding. He
stated that the Board expects property owners and applicants to pay for the
review costs and services of outside .consultants when reviewing
development and architectural plans; however, the Board apparently did not
do the same in preparation of this proposed Zoning Ordinance. He inquired
why the Board did not implement the.Newport Development.Service Overlay
District throughout the entire County as there are. more historical structures to
protect along Route 10, Route 258 and Route 460, .and the Newport District
has been. unfairly signaled out in those restrictions. He further inquired why
these architectural standards have not been applied to the County's industrial
parcels. He requested the Board take whatever time is necessary to discuss
how the proposed ordinance will affect economic development opportunities
in the Newport District.
Joshua Pretlow of 200.North Main,Street in Suffolk warned the Board
to be cautious about approving the proposed Ordinance tonight because once
the Ordinance is approved, it will be more difficult and time. consuming to
change .things. He requested that the .Board. reread the letter submitted by
Wendy Dean. He notified the Board about property owned by Mr. Brugh
that is being rezoned from commercial to residential, and it should not be
converted back to residential when the land is located in a high traffic area.
He noted the County would be lowering the value of Mr. Brugh's land from. a
tax standpoint, but the traffic will remain, and the location. is a logical place
to ultimately locate a .business. He referred to correspondence that shows
that the County backed out of its agreement on several occasions to hook that
property into the Smithfield sewer system, which he would. request be treated
separately from the general rezoning. of the new maps. He made reference to
correspondence from A. C. Pulliam, Jr. of Newport News .who has been
attempting to get the six-(6) lots redesigned into three (3) lots so that they are
more functional. He stated that Mr. Pulliam .would. like for that property to
be pulled out and left alone as it is currently rezoned. He stated the proposed
ordinance is an example of how. fast a municipality can take land rights from.
individuals, and he encouraged. the Board to proceed carefully .because
ordinances, once they are in place, are difficult to undo.
Calvin .Davis of Williamsburg noted that the proposed Ordinance
would not allow the same type of development to take place using the
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standards in place over the last 24 months. He stated he would like to have
addressed how the proposed Ordinance would affect his ongoing
development, and he would ike to discuss the practicality of the .actual
administration of a shopping center in regard to rear parking. He stated he
would like to have the capability of having a zero property. line to attach to
common walls, and not have -the setbacks that are involved that only create
alleyways that harbor waste and provide the potential for vandalism and
safety issues to exist. He recommended .that a knowledgeable shopping
center person be invited to attend any future meetings to discuss unusual
issues that staff may not be aware of.
. Franklin Tubbs of Mill Creek Drive stated he believes it is the
Ordinance's intent to separate smaller parcels of land that are not involved in
agriculture set up as residential areas to help with the cost of building
.schools, sewer lines and other services that are needed in the County.
Dean Vincent of Gatling Pointe Parkway noted concerns with buffer
and parking .orientation issues. He stated those two (2) issues alone .have the
most .troubling .impact and the greatest likelihood. of chasing retail
opportunities to other jurisdictions. He stated the setbacks, which were
extensive before, are now being extended further, which is a waste of prime
property. He stated a maximum impervious percentage of 60% is low. He
stated the confusing provision about front yardsand through lots needs to be
revised as the front yard setback on the through lots has the ability to increase
the radius from 30 feet with landscaping to 70 feet. He questioned with
respect to the front yard setback, if a new public right of way is being added
for frontage in a mixed use development, and it becomes a corner lot, why.
does. that become as vital as a visual buffer and setback as is the arterial. He
stated because the minimal square footage is 20,000 square feet in a GC
zoned property, he could not build anything on a property consisting. of 200
feet of frontage on an arterial roadway .and 100. feet of depth, applying the
setbacks of 70 feet and 30 feet in the rear. He stated after applying the
setbacks contained in the proposed Ordinance to a corner lot he currently
owns would leave him with a buildable footprint, including the parking lot,
often (10) by 100 feet. He stated applying the proposed setbacks to a classic
two. (2) acre parcel .with a width of 290 feet on an arterial roadway with 300
feet of depth leaves less than 3/25 of an acre. to build upon. He stated on a
20-acre parcel, he can only build on 10.7 acres, including parking, using the
setbacks proposed in the Ordinance. He stated with respect to parking
orientation, the proposed Ordinance forces the building to front on the .right
of way with parking located at the side and rear of the structure,. and under
this scenario the front entrance .will. be oriented .now towards the arterial
.roadway with parking in the back which causes safety. concerns. He stated
this has .not been done successfully, and the. County wants viable retail that
can sustain itself for many years while adding to the. tax base and providing a
viable place for citizens to shop... He stated retail businesses will not locate
where they can not be seen. He stated he is a resident of the County, and he
31
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wants retail development so that there is a source of other forms of revenue in
the County than residential real estate.
Chairman Clark moved the Board take afive-(5) minute recess. The
motion was adopted unanimously.
Supervisor Bradshaw moved the Board return to open session. The
motion was adopted unanimously (5-0).
Branch Lawson of 106 Waterpoint Lane. noted issues with. Section 6-
2000, Newport Development Service Overlay District. He requested that the
Board consider the comments made tonight and further scrutinize the
document. He stated the proposed Ordinance does not promote public safety
with respect to the regulation of parking along the sides and backs of
commercial buildings. He stated that the provisions consume vast amounts
of commercial land unnecessarily, and the setbacks. and .impervious coverage
requirements wily leave landowners with only small pieces of land for
constructing improvements. He ~ stated the requirements will reduce the
values of commercial properties, and will also reduce the tax revenues to the
County. He stated the proposed Ordinance, as written, will not draw quality
retailers to the County. He stated the proposed setback and parking
requirements cause grocery stores, hospitals, department stores and big box
stores to locate in other areas.. He presented sample. photos of buildings that
could not be built in the Newport District under the proposed .Ordinance, to
include Obici Hospital and the courthouse. He .read into the record a letter
from Mr. G. Robert Aston, Jr.,.President of Towne Pointe Bank, noting that
expansion into the County is being considered; however, based on his review
of the proposed zoning plan for the Newport District it would be impossible
to develop an adequate site plan for the Bank's use, and: that he would
encourage the Board to consider the impact of the .County's .economic
development effort as the proposed plan is evaluated.
Pat Clark'of Twin Hill Lane thanked the Planning Commission for its
efforts in developing the document.. He stated public input was. encouraged
at the many meetings that were held, and experts in the .field were invited to
speak about the subject. He stated the fastest growing district is the Newport
District, and the County wants to keep this district pleasing to the eyes for
those who live here, as well as for those who are visiting. He encouraged the
Board to consider the statements made tonight and make appropriate changes
to the ordinance as necessary, while keepitrg in mind that the ordinance
..should be stringent as long as it complies with the Comprehensive Plan.
Thomas Finderson of Sugar Hill Road noted that while there are many.
prejudices against a Walmart locating in the County, residents would have
access to a large variety of items. He stated the Board should not allow these
prejudices to .keep a Walmart store from coming into the County. He stated
he believes citizens are falsely .concerned about .issues such as a :Walmart
closing down, as Gloucester County has a Walmart, .and it is a rural county
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such as Isle. of Wight County. He stated if the proposed square footage is not
increased and the Walmart built in the County has. to have two (2) floors,
there is a concern that fire department ladders will not be able to access the
roof, and there is a concern with handicapped citizens having to use
elevators. He stated there is also a concern that if the. County does not allow
the 205,000 square foot Walmart, would. this not also affect ballparks which
exceed that square footage. He stated the Benns Church project needs to
consist of a Walmart; otherwise it will just be another shopping center, and it
will not draw individuals to shop there.
Chairman Clark. closed the public hearing and .called for comments
from the Board.
Chairman. Clark noted a concern with .the late date at which some of the
people who spoke tonight addressed this issue. He stated this is not a
legitimate concern. to him. He .noted the issue has been advertised and public
comment has been invited. He noted experts have been consulted on
different aspects of the ordinance, the County's staff and the Planning
Commission members have spent. numerous hours, and the Planning
Commission's subcommittee has met numerous times.
.Supervisor MacManus stated staff and the Planning Commission has
been working on this issue for three (3) years._ He noted he would support a
delay, and he would .welcome comments from the development community
for the Board's consideration. He stated the draft ordinance was released in
September, 2004, and while feedback was received from Dean Vincent, staff
has not received any comments from the remaining development community.
He stated that he believes that the Board needs to conduct work sessions so
that all the comments brought forth tonight can be considered, as well as the
Board's thoughts on the issue. He stated that the Board needs to ensure that
the County grows, but that that growth can be .managed. He stated he
supports the concept of heavy landscaping. He stated that the County's
Planning Commission and the Planning .Commissions for the Towns of
Smithfield and Windsor have heard from national experts such as Ed McMan
and Randal Arendt. He stated the Board has sought. input- from other
communities. such as Loudon County to speak. about their experience. with.
bad growth so that the County can learn from their mistakes. He encouraged
the development community members that have addressed the Board tonight
to provide their specific input by section number and wording for the Board's
consideration. He noted. the end result. will be a tool that can be utilized by
staff to ensure the future growth of this County is positive. He recommended
.that the Board delay any action tonight, and set up a work session for the end
of January, 2005 to give the development: community .time to provide. the
Board with their specific concerns by section number.
Supervisor Bradshaw acknowledged. the many hours the .Planning
Commission and staff members had dedicated to developing a draft
ordinance. He agreed that this wily be a valuable tool to manage growth in
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the County, and staff had attended conferences. and seminars, in addition to
meeting with the members of the General Assembly, as well as members of
the Governor's staff. He stated the. General Assembly has repeatedly told the
County. that it must begin to utilize the tools given by the General Assembly-
to the County to manage its growth. He stated the Board has. taken the
position that it will utilize the Comprehensive Plan and the Zoning Ordinance
as tools for managing growth. He stated the County has been recognized
nationally for the plans that have been developed by staff, and he expects that
..the County's Zoning Ordinance will also be recognized as a model for use by
other localities. He stated the Board must also use caution, and he does
recommend .work sessions be held to ensure that the product the County has
is the best product that can. be developed, and that the County is not being
detrimental to the personal property rights of individuals. He stated he is a
strong supporter of software that creates visual .graphs, and he advocates
moving forward with the purchase of necessary software and equipment to
reach this goal. He stated that he believes additional work needs to be done
with respect to buffering so that the County does .not place financial burdens
on the property owners. He stated with respect to buffers on the primary
corridors and highways, which corridors are being addressed should be
defined. He stated the County is being irresponsible to the citizens when the
County tells a property owner .who has standing timber. located along a
primary corridor that they can not cut their timber. He stated these trees are
going to die at .some time, and then the County is going to make the property
_ owner responsible for taking the dead trees down and that they be replanted.
He stated the County is taking an investment away from these property
owners, and at the same time making the property owner responsible for
maintaining the trees. He stated the sliding scale needs. further review
because his understanding of it is not the same as that of staff, and_he wants a
clear understanding of the sliding scale. He stated more input is needed with
respect to economic development.
Supervisor Wright thanked the Planning Commission .for its many
hours of work •on: thin document. He stated he is disappointed that the
development community showing up at this late hour. He stated he is in
support of conducting work sessions on the ordinance.
Supervisor Bradby stated encouraged all those with comments to come
forward so that a document can be produced that will benefit the County.
Supervisor Bradshaw noted that he wanted .the comments of the
Economic Development staff included.
Chairman Clark moved the Board table consideration of the Ordinance
until the Board's Retreat on Friday, January 7, 2005. The motion was
adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of .the motion, and no Supervisors .voting
against the motion.
34
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II
Supervisor MacManus noted that he wanted written comments by
January 20, X2005 by the development community. He noted that the need for.
a work session would be discussed as part of the Retreat.
Supervisor MacManus moved that the. Board direct staff to .come back
at the Board's Retreat- with a planned work session agenda,. to be scheduled
for. the last part of January, 2005 with staff members to be available. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in ,favor of the motion,. and no
Supervisors voting against the motion.
//
Supervisor Bradshaw moved the Board return to its regular session and
amend the agenda in order. to consider at this time Item (B) under Old
Business, the application of the Trustees. of Smithfield Elk Lodge No. 65 for
a Conditional Use Permit to permit the use of the property. as an Elk Lodge
for a meeting place to hold Elk's. functions and-community activities on four
` (4) acres of land zoned Rural Agricultural. Conservation (RAC) located on
the west side. of Blount's Corner Road (Rt. 674} east of Old. Stage Highway
(Rt. 10) in the Hardy Election District, and that the matter expressed by Gary
K. Kirks under Citizens Comments concerning a change of address follow. .
The motion was adopted unanimously (5-0).
With respect to the. Elk's. Lodge application, Mr. Hartley advised that
pursuant to the Board's direction at its December 2, 2004 meeting, staff has
revised the conditions.
Supervisor Bradby moved the Board approve the application to include
the revised conditions recommended by staff (12/16/04) and further amended.
as follows:
Under Condition 3, revise the language to reflect. "activities shall
be prohibited after .11:00 p.m. Sunday through Thursday and
after 12:00 midnight on Fridays' and Saturdays."
1
Under Condition 4 shall read all operations, including special
.events, shall comply with the requirements of the Virginia
Department of Alcohol Beverage Control. No alcohol shall be
served or consumed between the .hours of 8:00- a.m. until 5:00
p.m. during the operation of Hardy Elementary School.
Under Condition 9, .include the language "as approved by the
Planning Director."
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark ,and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
35
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With respect to the request of Gary K. Kirts under Citizens Comments,
Supervisor Bradshaw moved that the Board direct .the matter to County staff
for consideration and a recommendation back to the Board. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no .Supervisors voting.
against the motion.
//
Supervisor Bradshaw moved that, the Board continue with the. regular.
order of the agenda. The motion was adopted unanimously (5-0).
/I
Chairman Clark called for the County Attorney's report.
.County Attorney. Stroman presented a proposed Ordinance Restricting
Truck Access to Yellow Rock Road pursuant to the Board's request.
..Supervisor MacManus moved that the Board direct the County
Attorney to advertise the matter forpublic hearing at the Board's January 20,
2005 meeting, as revised by the County Attorney. The motion was adopted
by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright
voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor MacManus absent for the vote..
County Attorney Stroman presented a proposed Right-of--Way
Agreement with Dominion Power in the Isle of Wight County _Commerce
Park which he recommends the Boardapprove.
Supervisor MacManus advised that he would be abstaining from
discussing and voting on the matter.
Chairman Clark advised that he received a call today advising that there
was an error in the easement.
County Attorney Stroman stated he would make contact before
forwarding the. document, but he is not: aware of any errors.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the right-of--way agreement on behalf of the Board. The motion was
adopted by a vote of (4-0) with .Supervisors Bradby, :Bradshaw, :Clark and _
Wright voting in favor of -the motion; no .Supervisors voting against the
motion; and, Supervisor MacManus abstaining from voting onthe matter.
//
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II
Chairman Clark called for the County Administrator's report.
Alan S. Nogiec, Director of Parks and Recreation, noted that .pursuant
to a .letter from Larry Askew to him. requesting that the lease agreement for
the Isle of Wight/Franklin Skating :Rink be continued, he is requesting that
the Board authorize a public hearing be set for January 20, 2005.
Supervisor Bradshaw moved the Board authorize staff to schedule a
publ is hearing for the Board's January 20, .2005 meeting. The motion was
adopted by a vote of (5-0) with Supervisors .MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Donald M. Long, Director of Public Works, presented a request for an
.allocation from the Capital Contingency Fund for the purchase of a tractor
and attachments so that the Public Works Department can be more responsive..
to the growing needs of grass cutting in the County. He stated that the CIP
Committee recommended that the funds be taken .from the Capital
Contingency Fund versus CIP funds.
Supervisor MacManus moved -that. the Board approve the request and
appropriate $48,000 .for the purchase of a tractor and attachments for the
Public Works Department. The funds should be taken from. the Capital
Contingency .Account appropriated in the FY 04-OS Operating and Capital
Budget, The motion was. adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the "
motion, and no Supervisors voting against the motion.
Sheriff C. W. Phelps-presented a request for investigators within the
Sheriff's Office to utilize the trailer currently being used by IT staff upon
their relocation.
Supervisor MacManus. moved .that the Board approve the Sheriff's
request to use the trailer. currently being occupied by the IT Department upon
their departure with the understanding that the :mobile unit is currently.
permitted through December 31, 2005. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and .Wright
voting in favor. of the motion, and no Supervisors. voting against the motion.
Emily G. Haywood, Director of .Human Resources, presented.. a
proposed amendment to County Pay and Classification Plan to effectuate. the
changes the Board directed be carried out with the reorganization within his
senior management. She recommended an additional pay grade of 51 be
added to the Pay and Classification Plan
1
Supervisor MacManus moved the Board adopt. the amended Pay and
Classification Salary Ranges. to .incorporate the additional pay grade of 51.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
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Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Noting that the Board's first meeting in February conflicted with the
VACo conference, County Administrator Casket' requested that the Board
.begin to consider a substitute date for its 4:00 p.m. meeting in February. He
advised that senior management and the County Attorney would be
addressing the -Board at its Retreat on Friday evening, January 7, 2005, and
that the remainder of staff would be addressing the Board on Saturday,
.January 8, 2005.
Supervisor. MacManus requested. that under Issues for .Discussion,
Board of Supervisors' Retreat, Strategic Plan of Action, Item (2) include
open space .acquisition.
Supervisor MacManus requested that under Item (4), staff should be
prepared to address aten-(10) year. plan for parks and recreational .projects...
Supervisor MacManus requested that under Item. (5), staff should be
prepared to discuss historical resources and tourism.
Supervisor Bradshaw requested that under Item (5), staff should be
prepared to address the Jamestown 2007 event in coordination with the
VACo Conference and how tourism will be involved.
Supervisor MacManus requested that an Item (11) be added to discuss
the formation of a task force for Paul D. Camp Community College.
Supervisor MacManus requested that an Item (12) be added to discuss
a work session for the Zoning Ordinance.
Chairman Clark requested that an Item (13) be added to include a
closed meeting with respect to anticipated litigation for Friday night, January
7, 2005.
Supervisor Bradshaw requested staff to add an item relative to the need
for joint meetings with the County's legislative delegation, Commonwealth
Transportation Board members and the School Board.
County Administrator: Casket' advised appropriate changes would be
made to the draft agenda based on the. Board's comments and that they would
be mailed to the Board members in advance of the meeting.
Supervisor. Bradshaw moved the Board hold its organizational meeting
and retreat simultaneously at the Windsor Elementary School at 5:30 p.m. on
January 7, 2005 and January 8, 2005.. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion., and no Supervisors voting against the motion.
38
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Noting a conflict with his schedule, Supervisor Bradby advised that he
would -not be present on Friday, January 7, 2005; .however, he would be
present on Saturday, January S, 2005.
Mr. Hartley presented the following: for the.Board's consideration:
The request of W. C. Sawyer for an exemption to certain provisions of
the Highway Corridor Overlay .District fora car wash. and the
Carrollton. Shopper expansion.. Tax Parcel. Numbers 34-17-003 and
portions of 34-17-002 and 34-17-004.
Supervisor MacManus moved the Board approve the request. The:
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Mr. Hartley presented the following for the Board's consideration:
W. C. Sawyer Car Wash and Carrollton Shoppes Expansion Highway
Corridor Overlay District site plan review.. Tax parcel numbers 34-17-
003 and portions of 34-17-002 and 34-17-004.
Supervisor MacManus moved the Board approve the .site plan. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Mr. Hartley presented the following for the Board's consideration:
Jeb's Corner Market Highway Corridor Overlay District Revised
Architecture Review.. Tax Parcel Number. 34-01-124.
Supervisor MacManus moved the Board approve the revised plan to
include berms with landscaping on the side and front of Route 17 to provide
screening to the parking area. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
Mr. Hartley presented the following for the Board's consideration:
Design Engineering Services Highway Corridor Overlay District. Site
Plan Review. Tax Parcel Number 34A-02-001.
Supervisor Bradshaw moved the Board table the matter to allow certain
issues to be addressed by the Planning Commission. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
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Wright voting in favor of the motion, .and no Supervisors voting ,against the
motion.
.Supervisor MacManus requested that staff. remind the applicant that
berms and landscaping are desired.
Sandon Rogers, Transportation Planner, presented the following for the
Board's consideration.
Plat showing survey of property shown as parcel (C} for Isle of Wight
County Industrial Fark Land Trust, IWIP Road, Newport Magisterial
District,. tax parcel number 42-01-007D.
Supervisor MacManus moved the Board approve the. plat. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark .and Wright voting in favor of the motion, and no ,-
Supervisors voting against the motion..
.Supervisor MacManus recommended that landscaping be provided in
.accordance with the Highway Corridor Overlay District.
Mr. Rogers presented the following for the Board's consideration:
Plat showing survey of property shown as parcel (D) for :Isle of Wight
County Industrial Park Land .Trust, IWIP Road, Newport Magisterial
District, tax parcel number 42-01-007D.
Supervisor. MacManus moved. the Board approve the plat. The motion
.was adopted by a .vote of (5-0) .with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
//
Chairman Clark called for Old Business.
A. The application of Robert J. Frank to amend she proffered Master
Plan of the Benns Church Development, thirty-three (33) acres of
land zoned Conditional General Commercial (C-GC), to allow a
self storage facility and retail/office uses. The property is located
on the south side of Brewer's Neck Boulevard (Route 258} east.
of the Benns Church Boulevard (Route 10) intersection,
Carrollton, in the Newport Election District.
Mr. Hartley recommended that the Board table the application until the
Board's June 16, 2005 meeting.
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B~nB Fri.+ rn:f~VV
Chairman Clark moved the Board table consideration of the application '
until the Board's June 16, 2005 meeting. The motion was adopted by a vote
of (5-0),with Supervisors MacManus, Bradby, .Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Chairman Clark recalled that with respect to the public hearing on Item
(B), Smithfield Elk Lodge, :the Board took action earlier in the meeting.
Chairman Clark called for consideration of the following:
C. Soteria Christian Center International - Request for Tax
Exemption.
Andrea Clontz, Accounting Manager, noted that currently the Soteria
owns the welcome alley property in Smithfield, and they lease a considerable
amount of that office to various tenants. She stated the Commissioner of
Revenue actions is consistent with other organizations -that fall under the
religious tax exemption.
Supervisor Bradshaw moved the Board accept the recommendations of
.the Commissioner of Revenue. The motion was adopted by a vote of (5-O)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion...
//
Chairman Clark called for New Business.
County Administrator Casket' presented a request from Genieve Shelter
for a letter of support acknowledging the general need for additional
transitional housing for victims of domestic violence in Western Tidewater.
He noted that the County has allocated $10,000 in the current ,budget in
support of the Genieve Shelter.
Supervisor Bradshaw moved that the Board authorize the submission of
a letter in support of the. need: for additional transitional housing for victims
of domestic violence in Western Tidewater, as presented by the .County
Administrator, .and that the County. Administrator. be authorized to sign .the
letter. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the
motion, .and no Supervisors voting against the motion:
Responsive to an inquiry .from Chairman Clark, Mr. Hartley advised
that he would be notifying Jeb's Market that the exterior emblems must be
removed on the building.
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County Attorney Stroman requested a closed meeting under the
.Freedom. of Information Act pursuant to Section 2.2-3711-A.7 concerning
two (2) legal matters pertaining to actual litigation with respect to water and
sewer connection fees, and under Section 2.2-3711.A.1. concerning three (3)
personnel items relating to the performance of County employees.
Supervisor Bradshaw moved the Board return to open session. The
motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the. Board of Supervisors has. convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
• conducted inconformity with Virginia law;
.NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters .lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion .convening the closed .meeting were heard, .discussed or
considered by the Board of Supervisors.
VOTE
AYES:. MacManus, Bradby, Bradshaw, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
At 12:00 midnight, Supervisor: Bradby moved the Board adjourn its
meeting, The motion was adopted unanimously (5-0).
~7,.------:
Stan D. Clark, Chairman
! Y)
W. Dougl ey, Clerk
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