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03-03-2011 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF MARCH IN THE YEAR TWO THOUSAND AND ELEVEN PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice- Chairman Al Casteen JoAnn W. Hall Kenneth M. Bunch Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Chairman Wright called the meeting to order at 5:00 p.m. Supervisor Clark delivered the invocation. I Pledge of Allegiance was conducted. Chairman Wright called for Approval of the Agenda. Interim County Attorney Burton requested that three (3) closed meeting items be added under the County Attorney's report; that a contract be added under the County Attorney's report with the Treasurer for the collection of delinquent taxes; that the Sheriff's special presentation regarding Sgt. Storm be removed; that the Board consider the financial report from the Director of Budget and Finance under the Consent Agenda; and, that a personnel matter be added, at the request of Supervisor Bunch. Supervisor Hall moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors. Chairman Wright called for Special Presentations /Appearances. Chief Sullivan displayed two (2) puppies currently available for adoption at the County's animal shelter. Charles Broadwater, Treasurer of the Western Tidewater Free Clinic, provided a brief overview of the mission and patient care services of that organization. With respect to the routine special presentation from the School Superintendent, Supervisor Clark moved that the special presentations from the School Superintendent be removed as a regular item on future agendas. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Dwight Farmer, Executive Director, Hampton Roads Transportation Planning Organization, briefed the Board on impacts associated with tolling as part of the proposed Route 460 construction project and the impacts associated with the potential tolling at the James River Bridge. Chairman Wright called for consideration of the Consent Agenda. A. Family Health Day Resolution Supporting Family Health Day B. Quarterly Engineering Project Status Report C. Litter Pick -up D. Planning Commission 2010 Annual Report E. Resolution of Appreciation for Barbara J. Easter F. Resolution of Appreciation for Lee Winslett, Jr. G. November 19, 2010 Retreat Minutes H. January 11, 2011 Regular Meeting Minutes Supervisor Casteen moved that the Board approve the Consent Agenda with the addition of Item (I), Fiscal Year 2010 -11 Monthly Financial Reports for the County and Schools, as submitted by the Director of Budget and Finance and the removal of Item (C), Litter Pick Up. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (C), Litter Pick, Supervisor Clark moved that Item (C), Litter Pick Up, be approved and that appropriate staff be directed, in 2 conjunction with the Sheriff's office, to determine if littering is occurring along Smith's Neck Road, Titus Creek and Reynolds Drive as a result of individuals carrying improper loads to trash disposal sites or just due to a general littering problem. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Wright called for Regional Reports. Supervisor Hall reported that the Chamber of Commerce Business Expo is scheduled for March 16, 2011. Supervisor Clark reported that the Hampton Roads Economic Development Alliance discussed prospect activities and how to work more efficiently and use State funding more efficiently. Supervisor Clark reported that the Freight Transportation Advisory Committee of the Hampton Roads Planning District Commission discussed tolls and its effect on businesses. He advised that Admiral Quigley from the l- lampton Roads Military Federal Facilities Alliance has been requested to address the Commission relative to the effect of tolling on the military. Supervisor Casteen reported that the Social Services Board had discussed only routine business matters. County Administrator Caskey reported that the Southeastern Public Service Authority continues to investigate opportunities for reducing cost in that organization. He advised that the Authority is awaiting the completion of an engineer's study pertaining to a solid waste analysis for southside Hampton Roads and what might be options for each locality beyond 2018. Chairman Wright reported that the Western Tidewater Regional Jail Authority did accept the resignation of Jail Superintendent Simon and Colonel Smith was appointed as the Interim Jail Superintendent until a Jail Superintendent replacement is found. Supervisor CIark reported that in addition to routine business matters, the Western Tidewater Water Authority had discussed cost sharing. Chairman Wright reported that training costs had been discussed at the most recently Volunteer Fire and Rescue Association meeting. He advised that training for 20 individuals for Advanced EMT costs approximately $25,000. Chairman Wright called for Transportation Matters. Eddie P. Wrightson, Director of General Services, is to send Supervisor Clark copies of emails sent to Mr. Lomax regarding the narrowness and condition of the shoulders on Reynolds Drive. Angela Stepp of Zuni inquired if there has been any development regarding the six -way crossing on Route 460 at the Post Office in the Town of Windsor. Chairman Wright advised that this matter will be discussed later in the agenda under the County Administrator's report. Chairman Wright called for Citizens Comments. Joe Pinnex of Tappahannock addressed the Board regarding proposed regulations by the Health Department concerning a proposed prohibition on siting a drainfield on a wetland and restrictions on or excessive requirements on treatment. A copy of his comments was distributed to the Clerk and is attached to the minutes as exhibit "A." Chairman Wright requested Mr. Pinnex to make contact with the County's Director of Planning and Zoning to further discuss his concerns. Supervisor Casteen requested that Mr. Pinnex's comments be placed in the Consent Agenda for the Board's April 7, 2011 meeting. Jane March and Angela Stepp of Zuni addressed the Board regarding efforts to establish a museum and visitors center in Zuni on Route 460. Chairman Wright requested Ms. March to contact the Director of Tourism. Steve Haley of Titus Creek Lane addressed the Board regarding advancements in the market over the last several years to protect public health and County watersheds with respect to the design of waste water systems. James Gregory of Newport News announced his opposition to a toll on the James River Bridge. Chairman Wright called for Board comments. There were no comments from the Board offered. Chairman Wright called for the County Attorney's report. Interim County Attorney Burton called for the Board's consideration of an Emergency Services Agreement for the Carrsville District with the City of Franklin. Supervisor Clark moved that the Emergency Services Agreement be approved. The motion was adopted by a vote of (4-1) with Supervisors Casteen, Clark, Hall and Wright voting in favor of the motion and Supervisor Bunch voting against the motion. Interim County Attorney Burton called for the Board's consideration of the Wampler Eanes Appraisal Group, Ltd. Agreement. Supervisor Casteen moved that the Agreement be approved and the County Administrator authorized to sign it on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton called for consideration of a contract ith Judith C. Wells, Treasurer, isle of Wight County, Isle of Wight County Board of Supervisors and the law firm of David, Kamp & Frank, LLC for the collection of delinquent taxes. Supervisor Clark moved that the contract be approved and the Chairman authorized to sign the contract on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had six (6) items to discuss with the Board later during the closed ineeting. Chairman Wright called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Park Uniforms and a Part-time Seasonal Grounds and Maintenance Attendant for the Board's consideration. Supervisor Hall moved that the following Resolution be adopted: 5 RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR PARK UNIFORMS AND A PART-TIME SEASONAL GROUNDS AND MAINTENANCE ATTENDANT WHEREAS, a request of two thousand eight hundred forty-five dollars ($2,845) was requested for the Uniform Line Item of the FY 2010-11 Parks and Recreation Operating Budget; and, WHEREAS, a request of eight thousand six hundred twelve dollars ($8,612) was requested for the Part-time Salary and FICA Line items of the 1"Y 2010-2011 Parks and Recreation Operating Budget for the purpose of hiring a seasonal attendant to assist with additional grounds maintenance needs; and, WHEREAS, these requests are vital to the Department of Parks and Recreation fulfilling their appointed responsibilities or meeting contractual obligations and were not previously included in the FY 2010-11 General Operating Fund Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eleven thousand four hundred fifty-seven dollars ($11,457) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2010-11 General Operating and Capital Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for the General Services report. Edwin P. Wrightson, Director of General Services, addressed the Board regarding a suggested sanitary sewer collection fee rate structure dated March 3, 2011. Supervisor Clark moved that the rate structure be adopted. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 6 Supervisor Clark moved that the County Attorney's office be directed to draft an ordinance for public hearing at the Board's April 7, 2011 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors v oting against the motion. Mr. Wrightson presented a Resolution to Authorize Contract Amendment Number 1 to Alpha Corporation Contract to Perform Project Management Services for the Smithfield Volunteer Fire Station Construction for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NUMBER 1 TO ALPHA CORPORATION CONTRACT TO PERFORM PROJECT MANAGEMENT SERVICES FOR THE SMITHFIELD VOLUNTEER FIRE STATION CONSTRUCTION WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board") has entered into a contract in May 2007 with Alpha Corporation for construction management services for construction of the Smithfield Volunteer Fire Station; and WHEREAS, the County requested and Alpha Corporation has performed services related to the project programming and building demolition that are "additional" to their contract scope; and WHEREAS, the cost associated with Contract Amendment Number 1 has been determined to be within the project budget; and WHEREAS, the approval of Contract Amendment Number 1 will result in a net contract increase of $49,375. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the Chairman of the Board of Supervisors is authorized to execute Contract Amendment Number 1 resulting in an increase to the total contract cost of Forty Nine Thousand Three Hundred Seventy Five Dollars ($49,375). The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for the County Administrator's report. 7 County Administrator Caskey presented a Resolution to Grant Request to Retain Funds by the isle of Wight Health Department for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO GRANT REQUEST TO RETAIN FUNDS BY THE ISLE OF WIGHT HEALTH DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia grants the request of the Isle of Wight County Health Department to retain funds; and, WHEREAS funds in the amount of thirty-two thousand, six hundred four dollars ($32,604) has been previously appropriated in the FY 2010 General Operating Budget of the Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of thirty-two thousand, six hundred four dollars ($32,604) be retained by the Isle of Wight County Health Department as previously appropriated to the Isle of Wight Health Department in the FY 2010 General Operating budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (3-2) with Supervisors Casteen, Clark and Hall voting in favor of the motion and Supervisors Bunch and Wright voting against the motion. County Administrator Caskey presented a Resolution to Modify the Construction and Renovation Capital Budgets of Emergency Services Buildings for the Board's consideration. Chairman Wright moved that the following Resolution be adopted: RESOLUTION TO MODIFY THE CONSTRUCTION AND RENOVATION CAPITAL BUDGETS OF EMERGENCY SERVICES BUILDINGS WHEREAS, the Board of Supervisors of Isle of Wight County has authorized the modification of the capital project construction budget for the Smithfield Fire Station and the capital project renovation budget for the Isle of Wight Volunteer Rescue Squad building; and, WHEREAS funding in the amount of five hundred thousand dollars ($500,000) from the renovation capital project budget of the Isle of Wight Volunteer Rescue Squad building be reappropriated to the construction capital project budget for the Smithfield Fire Station. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that funds in the amount of five hundred thousand dollars ($500,000) be reappropriated to the capital project construction budget for the Smithfield Fire Station leaving $1,200,000 (one million, two hundred thousand dollars) earmarked to initiate activity that will result in new construction for the isle of Wight Volunteer Rescue building. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Sheriff C. W. Phelps advised that Chief Animal Control Officer Sullivan will be retiring effective May 1, 2011. He requested permission to begin advertising for this position to be filled approximately ten (10) days prior to the Chef's retirement to allow for a smooth transition of duties and responsibilities. Supervisor Casteen moved that the Sheriff be authorized to begin the recruitment process for the Chief Animal Control Officer's position to be filled starting 10 days prior to the end of Chief Sullivan's departure. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey advised that responsive to the Board's direction at its February 17, 2011 meeting, a resolution has been developed by staff endorsing the Patriots Crossing transportation project. He advised there is no action required by the Board as this time as the Board had officially adopted the Resolution at its February 17, 2011 meeting. County Administrator Caskey stated responsive to the Board's direction at its February 17, 2011 meeting with respect to whether or not the County will need to adopt an ordinance in support of the Town of Windsor's request to establish a photo red camera system within the Town limits, the Assistant County Attorney has advised that the Code of Virginia establishes the 10,000 resident limitation and the County will need to enact an ordinance if the Board proposes to support the Town's request. 9 Chairman Wright moved that the County Administrator, in conjunction with the County Attorney's office, be authorized to develop an appropriate ordinance in support of the Town of Windsor's request to establish a photo red camera system within the Town limits. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that House Bill 2131 and Senate Bill 779, dealing with the Enterprise Zone expansion, passed; however, staff has work to do with regard to the application. He stated that a House Bill 2498, which would allow VDOT to transfer property to the County, had also passed. He recommended that an evaluation be conducted before the County takes ownership of that property. Supervisor Clark moved that staff be authorized to compose a letter under the Chairman's signature to Dennis Heuer thanking him for his suggestions and assistance and Delegate Barlow with respect to the VDOT property. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that staff, at the appropriate time, be directed to undertake a Phase I analysis of the subject property. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson advised the Board regarding Federal legislation pertaining to a Public Employee Pension Plan Bill that amends the IRS Code to provide for reporting and disclosure by State and local public employee retirement pension plans. He advised that failure to satisfy the reporting requirements would jeopardize the tax - exempt status of any new bonds issued by the State or localities participating in the public employee retirement pension program. He requested that the Board authorize staff to make contact with Federal legislators to express the County's opposition. Supervisor Clark moved that staff be authorized to contact Federal legislators to express the County's opposition to a Bill under consideration by Congress regarding a requirement that reportings on public pension plans be provided to the Federal Government. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Appointments. 10 Chairman Wright moved that Glyn Thomas Willis be appointed to the Board of Zoning Appeals replacing Tony Walton. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Russell Parrish be reappointed to the Historical Architectural Review Committee representing the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that Alvin Wilson be reappointed to the Board of Zoning Appeals representing the Hardy District. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright \ oting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that Roger Ealy be reappointed to the Historical Architectural Review Committee representing the Hardy District. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Old Business. There was no old business offered for discussion by the Board. Chairman Wright called for New Business. Due to a conflict with Chairman Wright's schedule, Supervisor Casteen moved that the Board's May 5, 2011 meeting be moved to May 12, 2011. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright declared a break. The Board returned at 7:00 p.m. Chairman Wright called for a public hearing on the following: 1 1 A. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 1. General Provisions. Section 1-7. General Penalty. Chairman Wright called for persons to speak in favor of or in opposition to the ordinance amendment. No one appeared and spoke. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 1. GENERAL PROVISIONS. SECTION 1-7. GENERAL PENALTY. WHEREAS, Section 15.2-105 of the Code of Virginia (1950, as amended) empowers any county, by ordinance, to impose upon anyone who fails to pay an amount when due a ten (10) percent penalty; and WHEREAS, following a public hearing held in accordance with the Code of Virginia, the Board of Supervisors of Isle of Wight County has determined that it is in the best interest of Isle of Wight County, Virginia (the "County") for the County to impose such a penalty. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 1. General Provisions. Section 1-7. General Penalty. of the Isle of Wight County Code be amended and reenacted by adding the following: Sec. 1-7. General penalty and interest on delinquent accounts due county. (a) Wherever in this Code or in any ordinance or resolution of the county, or in any rule, regulation, notice or order promulgated by any officer or agency of the county under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure, neglect or refusal to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation, notice or order shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than thirty days in jail, or by both such fine and imprisonment. 12 (b) Any person failing to pay, pursuant to any provision of this Code or other ordinance of the County, any account on or before its due date, other than taxes which are provided for in Title 58.1 of the Code of Virginia, shall incur a penalty thereon of ten percent (10%) which shall be added to the amount of the account due from such person. No penalty shall be imposed for failure to pay any account if such failure was not in any way the fault of the debtor. Interest at the rate of ten percent (10%) annually from the first day following the day such account is due shall be collected upon the principal and penalty of all such accounts. For state law as to authority of board of supervisors to prescribe fines and imprisonment in county jail for violation of ordinances, see Code of Va., § 15.2-1429. As to when summons is to be issued in place of warrant for misdemeanors, see Code of Va., § 19.2-74. As to penalties and interest on delinquent accounts due, see Code of Va., sC 15.2-105. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: B. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 16. Tylers Beach Boat Harbor. Article III. Use. Section 16-6. Landing or Dock. Chairman Wright called for persons to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke. Chairman Wright closed the public hearing and called for comments from the Board. Chairman Wright advised that Federal Government documented 1 essels are governed by a different set of laws. Mr. Furlo advised that no boats will be removed until staff consults with the County Attorney's office. Supervisor Hall moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 16. TYLERS BEACH BOAT HARBOR. 13 ARTICLE III. USE. SECTION 16-6. LANDING OR DOCK. WHEREAS, the Isle of Wight County Board of Supervisors has debated the necessity of requiring waterman who use the Tylers Beach Boat Harbor for certain services that are currently being provided at no cost to said waterman; and WHEREAS, the Isle of Wight County Board of Supervisors believes it is now necessary and appropriate to impose such reasonable fees for such services. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 1 6. Tylers Beach Boat Harbor. Article III. Use. Section 16-6. Landing or Dock be amended and reenacted as follows: Sec. 16-6. Landing or Dock. The landing or dock at the north end of the basin of the boat harbor is hereby reserved, established and declared as and for a public landing and dock for general public use and occupancy by any and all boats and vessels NAlithout any charge therefor, unless otherwise set forth herein, and which shall be so identified by appropriate signs; provided, that such use and occupancy of such public landing and dock shall be subject to and regulated and controlled by this chapter and the rules and regulations of the board; and provided further, that wharfage for in-or out-bound cargo placed on the public landing and dock and the wharfage for all boats and vessels thereat shall not exceed the time fixed by the board, without charge, and cargo and boat wharfage charges for the use and occupancy of such public landing and clock in excess of the time fixed by the board shall be fixed by the Director of Parks and Recreation. For such boats and vessels that remain at the landing or dock in excess of the time fixed by the Director of Parks and Recreation, proper registration with the County shall be required by making application to the Director of Parks and Recreation. All such boats and vessels shall maintain a valid and current state registration. In addition, such boats or vessels shall be charged a lee of Two Hundred Fifty Dollars ($250.00) fee per year for the use of County supplied electricity to be used, without limitation, by such boats or vessels. (10-5-67, § 6; 9-19-02.) The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: 14 C. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 1 1 .2 Noise. Chairman Wright called for persons to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11.2. NOISES. WHEREAS, on May 24, 2007, the Isle of Wight County Board of Supervisors amended and reenacted Chapter 11.2 to the Isle of Wight County Code related to noise and the control thereof; and WHEREAS, the Virginia Supreme Court has recently ruled on City of Virginia Beach case striking down the use of the reasonable person standard as a basis for a noise ordinance; and WHEREAS, the Isle of Wight County Board of Supervisors wishes to re\ ise the County ordinance in order to comply with said ruling. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 11.2. Noises be amended and reenacted as follows: Sec. 11.2-1.Enforcement. The provisions of this Chapter shall be enforced by the Sheriff of Isle of Wight County, Virginia. Sec. 11.2-2.Unnecessary or excessive noises generally. It shall be unlawful for any person to make, or to cause or allow to be made, upon any property in the County, any unnecessary or excessive noise or sound, whether vocally, mechanically, electronically or otherwise, or of such a character, volume, duration or frequency as to disturb, injure or endanger the quiet, comfort, repose, health, peace or safety of any person in the County. (5-24-07.) Sec. 1 1 .2-3. Noises expressly prohibited. 15 The following acts are specifically declared to be in violation of this Chapter, provided that the acts so specified shall not be an exclusive enumeration of those acts which may constitute a noise disturbance under Section 11.2-2: (a)To use, operate or play any radio, phonograph, television, record, compact disc or tape player, musical instrument, loudspeaker, sound amplifier or other machine or device capable of producing or reproducing sound in such a manner or with such volume or duration that it is plainly audible between 12 :01 a.m. and 7:00 a.m. (i) inside the confines of the dwelling unit, house or apartment of another person or (ii) at 50 or more feet from the device, except for devices permitted to be used at public parks or recreation fields, sporting events, school - sponsored activities on school grounds, or duly authorized parades, public functions or commemorative events. (b)To all noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible either inside the confines of the dwelling unit, house or apartment of another person or at 50 or more feet when the noise is generated from a gathering of ten or more people. (c)To allow any animal or bird, except farm animals in agricultural districts, to create noise such that it is plainly audible at least once a minute for ten consecutive minutes (i) inside the confines of the dwelling unit, house or apartment of another; or (ii) at 50 or more feet from the animal or bird. (d)To operate, install, have, or permit on the outside of any store, shop, business establishment, warehouse or commercial building, any loudspeaker or other sound - producing or reproducing device capable of emitting music, noise, sounds, tapes or voice in such manner that it is plainly audible on any public sidewalk or street unless it is used only intermittently for announcing or paging an individual or unless it signals the ringing of a telephone, danger from smoke, a fire or a burglary or the beginning or stopping of work or school, or unless it is operated in accordance with conditions of zoning. (e)To play or permit the playing of any radio, stereo, tape player, compact disc player, loud speaker or other electronic device or mechanical equipment used for the amplification of sound, which is located within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. This provision shall not apply to sirens, loud speakers and emergency communications radios in public safety vehicles, nor shall it apply to motor vehicle alarms or other security devices. 16 o create plainly audible noise in residential areas between 10:00 p.m. and 5:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles. (g)To create plainly audible noise in residential areas between 10 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities. Sec. 11.2-4. Exemptions. This Chapter shall apply only with respect to noise or sound received or heard in zoning districts in which residential use is permitted, whether or not exclusively, under the provisions of the County Zoning Ordinance, as it may be amended from time to time, and, notwithstanding any provisions of this chapter to the contrary, shall have no application to fire, rescue, police, ambulance or other emergency vehicles or aircraft or to any noise or sound created thereby or to any noise or sound created by any person to sound a warning or to call attention to a bona fide emergency. This Chapter shall not apply to noise or sound which customarily accompanies bona fide parades, sporting events, public functions or public commemorative events, nor to noise or sound which customarily accompanies activities of churches and synagogues, nor to activities conducted in any gymnasium, arena, theater, amphitheater, swimming pool, stadium, rifle range, gun club or any similar sporting activity, whether any such activity occurs indoors or outdoors, except to the extent that any such parade, function, event or activity shall be prohibited or limited, either expressly or by necessary implication, by the terms or conditions of any required use permit issued in connection therewith, or to the extent that such parade, function, event or activity shall be conducted without a use permit when such permit is required by any provision of Appendix B of this Code. Nothing in this Chapter shall be interpreted so as to interfere with legitimate agricultural activities. (5-24-07.) Sec. 11.2-5. Penalties. Any person violating any of the provisions of this Chapter shall be deemed guilty of a Class 3 misdemeanor. Upon any subsequent conviction within a period of twelve months, the violator may be found guilty of a Class 2 misdemeanor. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (5-24-07.) The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: 17 D. Griffin Property Farm Lease Chairman Wright called for persons to speak in favor of or in opposition to the farm lease. J. D. Jones, President, Jones Farms, requested the Board approve the lease so that he might continue to farm the land which he has farmed for the past 15 years. Chairman Wright closed the public hearing and called for comments from the Board. Chairman Wright moved that the Griffin property farm lease be approved. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: E. Divestment of County Property Interim County Attorney Burton advised that the Town of Smithfield has requested to purchase four (4) of the five (5) parcels of the Sentara property in Smithfield which was recently acquired by the County. He recommended that the Board approve the sale of property to the Town of Smithfield. Chairman Wright called for persons to speak in favor of or in opposition to the divestment of County property. Al Casteen spoke in favor of the divesture of property to the Town of Smithfield for the purpose of the relocation of the Police Department. He advised that the Smithfield Town Council members had expressed its support at its meeting this week. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Casteen moved to approve the Deed of Bargain and Sale for the divestment of County property (four parcels) to the Town of Smithfield for a public purpose. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2-3711.A.7 of the Code of Virginia for consultation with legal counsel requiring the provision of legal advice pursuant to C&P water; pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advise pertaining to probable litigation; pursuant to Section 2.2-371 1.A,3 pertaining to an acquisition of real property in the Windsor Magisterial District; pursuant to Section 2.2-3711.A.7 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to a zoning map change; pursuant to Section 2.2-3711.A.7 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; and, pursuant to Section 22- 3711.A.1 regarding a personnel matter pertaining to a specific public employee. Supervisor Clark moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that 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 in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bunch, Casteen, Clark, Hall and Wright 19 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Chairman Wright moved to approve the purchase of Mr. Copeland's property in the Windsor District for the purpose of fire expansion. The motion was adopted by a vote of (4-1) with Supervisors Bunch, Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Supervisor Clark moved to approve a resolution appropriating $635,000 from the Undesignated Fund Balance. The motion was adopted by a vote of (4-1) with Supervisors Bunch, Clark, Hall and Wright voting in favor or the motion and Supervisor Casteen voting against the motion. Chairman Wright moved that the Board authorize Supervisor Clark to attend the conference on April 27th, 28th and 29 in Chicago. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. At 8:30 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Clark, Casteen, Hall and Wright voting in fa or of the motion and no Supervisors voting against the motion. 20