Loading...
02-16-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND TWELVE PRESENT: Alan E. Casteen, Chairman JoAnn W. Hall, Vice - Chairman Rex W. Alphin Byron B. Bailey Delores M. Darden Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Chairman Casteen called the meeting to order at 4:00 p.m. // Supervisor Darden delivered the invocation. // The Pledge of Allegiance was conducted. // A dog currently available for adoption at the County's animal shelter was displayed. Donald T. Robertson, Director of Information Resources and Legislative Affairs, distributed an updated budget calendar and apprised the Board that it should anticipate receiving a draft Operating Budget for its consideration in early March. Supervisor Hall requested that the full Board be provided a copy of the original projects contained in the Capital Improvements Plan (CIP) for comparison purposes with those moved /eliminated by the CIP Subcommittee. Michael W. Terry, Director of Budget and Finance, advised the Board that the County is in sound financial condition and has a projected fund balance for the new fiscal year of $3 million, which includes a 10% contingency, pursuant to the County's policy. He further advised of an anticipated shortfall of $315,000 in next year's budget resulting from the change in the County's Machinery & Tools Tax. He recommended treating the $3 million as a reserve and advised that the County remains strong with rating agencies because of forecasts in its fund balance to June 3 0tH Chairman Casteen called a special meeting on March 5, 2012 at 2:00 p.m. in the Robert C. Claud, Sr. Board Room to discuss financial items. // Chairman Casteen called for Approval of the Agenda. County Attorney Popovich requested the following revisions to the agenda: Under the County Attorney's report, add discussion of invoices from Smithfield Fire and Rescue; under the County Attorney's report, add one (1) closed meeting item; under Public Hearings, move item "F" up to item "E" and move item "E" down to item "F "; under Community Development, add discussion of temporary signs; under Special Presentations, remove item "I "; and, under the County Administrator's report, add funding for the Zuni Welcome Sign Project. Supervisor Alphin moved that the agenda be adopted, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Special Presentations /Appearances. Staff Service Awards were presented to the following: Sharon Jones was recognized for 35 years of continuous service; Bonnie Whitley and Joseph Willard were recognized for 25 years of continuous service; Art Berkley and Lanna DeVites were recognized for 20 years of continuous service; Elsie Major, Tammy Brown and Tommy Davis were recognized for 15 years of continuous services; Jamie Edwards, Sheila Dalton, Tony Edwards, Georgette Phillips, Patrick Humphries, Patricia Gwaltney, Lola Kea, Dahlis Atkins and Charlton Bradby were recognized for 10 years of continuous service; and, Jeremie Gibbs, Judy Winslow, Ralph Anderson, Kim Hummel, Kristin Baker, Mark Drumhellar, Michael Easton, Jamie Oliver, Amy Ring, Jeanette Edwards, Jonette Edmonds, Ashton Felts, Kimberly Rideout, Emery Harris, Jr. (deceased), Terry Rhiner, Lisa Betterton, Calvin Langhorse, Kathy Ross, Thomas Potter, John Wells, John Wanamaker, George Wiggins, Paul Burton, Carl Tillman, Neal Bennett, Herb Finch, LaFrances Edwards, Michael Faltz, Robert Hundley, Lori Thacker, Gary Askew and Samantha Marvel were recognized for five (5) years of continuous service with the County. County Administrator Caskey presented a Resolution of Appreciation for Barbara B. Chappell upon her retirement. He advised that Ms. Chappell 2 is unable to attend this meeting and would be invited to the Board's March 15, 2012 meeting to formally receive her Resolution. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION OF APPRECIATION FOR BARBARA B. CHAPPELL ON THE OCCASION OF HER RETIREMENT WHEREAS, Barbara B. Chappell began her career with Isle of Wight County, Virginia on June 15, 1987 as a Clerk Typist in the County Administrator's Office; and, WHEREAS, during her tenure as a very dedicated employee with the County, Mrs. Chappell also served in various capacities within the Departments of Communications, Budget and Finance, and Public Utilities (formerly the Public Service Authority); and, WHEREAS, on January 31, 2012, Mrs. Chappell retired from employment with Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Barbara B. Chappell for over 24 years of distinguished service to the citizens of Isle of Wight County. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Barbara B. Chappell its best wishes for a well - deserved retirement and orders that a copy of this Resolution be spread upon the Minutes of this Board. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Recognize Nathaniel Scott Johnson of Boy Scout Troop 36 for Outstanding Volunteer Services for the Board's consideration. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE NATHANIEL SCOTT JOHNSON OF BOY SCOUT TROOP 36 FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Nathaniel Scott Johnson of Boy Scout Troop 36 of the Carrollton Ruritans of Smithfield, Va., has donated more than 25 hours of 3 volunteer service at Boykin's Tavern, a National Register of Historic Places and Virginia Landmarks Register site; and, WHEREAS, Nathaniel Scott Johnson, for his Eagle Scout Project, has worked diligently to construct two wooden picnic tables for use by visitors and guests; and, WHEREAS, Nathaniel Scott Johnson has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation and Isle of Wight County Division of Historic Resources. NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Nathaniel Scott Johnson of Boy Scout Troop 36 is recognized and congratulated for his exemplary dedication and service to Isle of Wight County. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Nathaniel Scott Johnson of Boy Scout Troop 36 was present and a presentation resolution is to be forwarded to him. Drake's Food Service Inc. in Walters was the featured small business; however, a representative was not in attendance. Peter Andreu, Director of School Plant Facilities, provided a virtual tour of the new Georgia T. Tyler Middle School and updated the Board regarding its construction schedule. He advised that the facility has a projected move in date of September 2, 2013 and after the students are moved in, demolition of the old school will begin with landscaping to be completed in the spring. Chairman Casteen declared a break. The Board returned to open session. Chairman Casteen called for the continuation of Special Presentations. Yvonne Hilliard - Bailey, Director, Blackwater Regional Library, requested a mid -year budget enhancement in the amount of $5,750 to reinstate 21 hours in the youth services program schedule at the three (3) Isle of Wight County library branches. in Chairman Casteen moved that the request be discussed later in the meeting under New Business. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. David Rose and Jimmy Sanderson, Davenport & Company LLC, briefed the Board related to the County's financial status and debt obligation. He advised that he will be returning in the future to brief the Board regarding various scenarios to restructure the County debt. // Chairman Casteen declared a break until 7:00 p.m. The Board returned to open session. Chairman Casteen moved that the Board's agenda be amended in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for a public hearing on the following: A. The application of Robert C. Johnson, owner, for a Conditional Use Permit to allow for a Salvage Service on 0.11 acre of land located at 7211 Fire Tower Road in the Carrsville Election District. Richard Rudnicki, Planner, presented the application. He stated the application is contradictory to the recommendations of the Comprehensive Plan and it would create an area of isolated use on a parcel as a means of resolving an outstanding code violation. He recommended, if approved, that the conditions contained in the agenda be added to the Conditional Use Permit approval in order to mitigate the impacts of the proposed development. Chairman Casteen called for persons to speak in favor of or in opposition to the application. Robert C. Johnson, owner, requested the Board to approve his application. 5 Denise Barrett, 7153 Fire Tower Road, spoke in favor of the application. Angela Stepp, sister, spoke in favor of the application stating that she owns the majority of property around the proposed site. Donald Crowley, adjacent land owner, spoke in favor of the application. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the Conditional Use Permit be granted as conditioned by the Planning Commission, as follows: The area under the conditional use permit, sixty (60) feet by one hundred twenty (120) feet, shall be surrounded by a six (6) foot wooden privacy fence; 2.) the fence shall be completed within 60 days of approval; 3.) no vehicles, storage containers, parts, or other materials covered as part of the salvage service shall be placed outside the fence; 4.) no additional number of vehicles, storage containers, parts or other materials not currently on the property shall be allowed by the Conditional Use Permit. The current inventory as stated by Mr. Johnson includes five (5) vehicles and four (4) storage containers; and, 5.) the Conditional Use Permit shall terminate upon transfer of ownership of the property. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: B. The application of Southern Bank & Trust Company, owner, and Matthew A. Bernocco, applicant, for a Conditional Use Permit to allow a Club for VFW Post 4411 for a meeting and event facility on property located at 3385 Beaverdam Road in the Carrsville Election District. Matthew Smolnik, Assistant Director of Planning and Zoning, presented the application. Chairman Casteen called for persons to speak in favor of or in opposition to the application. Matthew A. Bernocco, Commander of VFW Post 4411 and William Honeycutt, Senior Vice - Commander, spoke in favor of the application. Chairman Casteen closed the public hearing and called for comments from the Board. G Supervisor Alphin moved that the application be approved with the following recommendations of the Planning Commission: The property shall be used by VFW Post 4411 and special events approved by that organization only; activities shall be prohibited after 12:00 am throughout the week; all operations, including special events, shall comply with the requirements of the Virginia Department of Alcohol Beverage Control; prior to the issuance of a Zoning Permit for the use, the applicant shall receive Health Department approval for the private sewer treatment system on the property; and, if the proposed use is predicted to show an increase in the amount of traffic from the previous use, then modifications to the site entrances, as recommended by The Virginia Department of Transportation, shall be required. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: C. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix B, Zoning, Section 6 -4000, Flood Plain Management Overlay (FPMO) District, specifically Section 6 -4001, entitled "Purpose ", Section 6 -4003, entitled "Compliance and liability ", Section 6 -4006, entitled "Use regulations ", Section 6 -4008, entitled "Special standards and requirements ", Section 6 -4009, entitled "Variances ", and Section 4 -4010, entitled "Existing structures in Flood Plain Management District ". Tristian Barnes, Subdivision Planner, presented the proposed Ordinance. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B, ZONING, SECTION 6 -4001, FLOOD PLAIN MANAGEMENT OVERLAY (FPMO) , SPECIFICALLY SECTION 6 -4001, ENTITLED "PURPOSE ", SECTION 6 -4003, ENTITLED "COMPLIANCE AND LIABILITY ", SECTION 6 -4006, ENTITLED "USE 7 REGULATIONS ", SECTION 6 -4008 ENTITLED "SPECIAL STANDARDS AND REQUIREMENTS", SECTION 6 -4009, ENTITLED "VARIANCES ", AND SECTION 6 -4010, ENTITLED " EXISTING STRUCTURES IN THE FLOODPLAIN MANAGEMENT DISTRICT ". WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors adopted the Floodplain Management Overlay (FPMO) District provisions to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base; and WHEREAS, the FPMO is further intended to ensure that all property owners within the County are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates; and WHEREAS, Isle of Wight County Board of Supervisors finds it necessary to revise the provisions of the FPMO to comply with the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled "Overlay Districts ", Section 6 -4001, entitled "Purpose" of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -4001. - Purpose. This ordinance is adopted pursuant to the authority granted to localities by Virginia § 15.2 -2280. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. C. Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and /or floodproofed against flooding and flood damage. Furthermore, it is the intent of these regulations to ensure that all property owners within the county are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates. (2 -16- 12.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled "Overlay Districts ", Section 6 -4003, entitled "Compliance and Liability" of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -4003. Compliance and liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered within the Floodplain Management District except in full compliance with the terms and provisions of this section. (7- 7 -05.) B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. This ordinance does not imply that areas and land uses outside the Floodplain Management District will be free from flooding or flood damages which may be caused by larger floods or increased flood heights. C. This article shall not create liability on the part of Isle of Wight County or any officer or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (7- 7 -05.) D. Records of actions associated with administering this ordinance shall be kept on file and maintained by the Flood Plain Administrator. (2- 16-12) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled "Overlay Districts ", Section 6 -4006, entitled "Use Regulations" of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -4006. - Use regulations. Permitted uses, special permit uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein. A. The following uses shall be specifically prohibited within the Floodplain Management District: 9 1. Landfills, junkyards, outdoor storage of inoperative vehicles; 2. Surface mines /borrow pits; 3. Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following: a. Superfund Amendment and Reauthorization Act of 1986. b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of Federal Regulations) Section 261 (1987). c. The following products shall be specifically included: i. Oil and oil products including petrochemicals; ii. Radioactive materials; iii. Any materials transported or stored in large commercial quantities (such as fifty -five- gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand; iv. Biologically accumulative poisons; v. Substances containing the active ingredients or economic poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodeticide Act, as amended (7 USC 135 et seq.); vi. Substances highly lethal to mammalian or aquatic life; 4. Storage or land application of industrial wastes; 5. Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive; 6. Swimming pools or any other habitable use when the area beneath the elevated building is enclosed with walls of any type such as solid nonbreakaway, solid breakaway, or lattice- screen, or when the area beneath the elevated building is not enclosed and a swimming pool or any other obstruction is above natural grade; or 7. Commercial feedlots, as described in section 3 -2000. (7 -7 -05) B. The following activities may occur below the level of the 100 -year flood elevation if administered in accordance with section 6 -4009 of this article: 1. Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the elevation of the 100 -year flood. 10 2. Outdoor recreational uses including park areas, golf courses, tennis courts, and basketball courts. 3. Swimming pools or any other nonhabitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type. 4. Functionally dependent uses such as docks, piers and wharves. 5. Access roads and parking areas for [subsections] 1. through 4. above. (7 -7 -05) C. In addition to the prohibited uses in subsection 6- 4006.A., the following restrictions shall apply to areas in the floodway: 1. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100 -year flood elevation. (2- 16 -12) 2. Existing nonconforming structures within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures, provided such measures do not raise the level of the 100 -year flood. (2- 16 -12) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled "Overlay Districts ", Section 6 -4008, entitled "Special Standards and Requirements" of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -4008. - Special standards and requirements. A. Standards for subdivision plats and site plans. Preliminary plans, development plans and final subdivision plats of all properties, all or part of which are located within any Floodplain Management District, must be prepared and sealed by a licensed surveyor or engineer. The following information, in addition to that which would otherwise be required, shall be provided on the respective plan. 1. The 100 -year flood boundary, as depicted on the FIRM and the flood hazard zone classification(s) shall be depicted on 11 preliminary plans, development plans, and final plats. (7- 7 -05). 2. Development plans shall provide topographical information for the site at a maximum contour interval of two (2) feet, provided however that a one -foot contour interval for one (1) foot lesser and one (1) foot greater than the 100 -year flood boundary shall be shown. (7- 7 -05). 3. The elevation of the finished surface of the ground at each corner of each existing building located within any flood hazard zone shall be shown on development plans and final plats. (7- 7 -05). 4. The elevation of the lowest floor including basement shall be shown on development plans for new construction or final plats of property with existing structures. (7- 7 -05). 5. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed and certified floodproofed. (2- 16 -12). 6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns). (2- 16 -12). B. Standards for utilities. All new or replacement utilities, water filtration, and wastewater treatment facilities, installed in the Floodplain Management District shall be designed to prevent the infiltration of floodwaters into or discharge from said utilities and to minimize the potential for flood damage. Where private waste disposal systems are to be installed or replaced, they shall be installed so that they will not be permanently contaminated or impaired by a base flood. C. Standards for streets and roads. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood height. D. Standards for filling of floodplain areas. 1. Where fill within the Floodplain Management District is proposed, the following minimum standards shall apply: a. Prior to any fill, the floodway must be determined and no fill shall cause the adjacent base flood elevation to increase more than one foot. (2- 16 -12). b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond building lines from all points. (2- 16 -12). c. Fill material shall consist only of soil and small rock materials (must pass through a three -inch opening ASTM 12 standard sieve). Organic materials, such as tree stumps, asphalt, and rubble, shall be prohibited. (2- 16 -12). d. Fill areas shall be graded to a finished slope of no steeper than one (1) vertical to three (3) horizontal, unless substantiated data, certified by a licensed engineer, which justifies steeper slopes, is submitted to and approved by the zoning administrator. (2- 16 -12). e. The zoning administrator shall impose any additional standards deemed necessary to ensure the safety of the community and properties from additional flood hazard potentials caused by filling within the Floodplain Management District. (2- 16 -12). 2. Filling or any other encroachment into a regulatory or other designated floodway which, as determined by the zoning administrator, in any way impairs its flood conveyance shall be prohibited. (7- 7 -05). 3. Filling or any other encroachment into any channel within the Floodplain Management District which would, as determined by the zoning administrator, obstruct or unduly restrict water flows through said channel and, in so doing, increase the potential for flood damage, shall be prohibited whether or not such channel lies within the regulatory or other designated floodway. (7- 7 -05). 4. The filling of any portion of property solely to increase the elevation of the land to meet minimum lot area requirements and thereby create a buildable lot for residential construction within the Floodplain Management District shall be prohibited. (7- 7 -05). 5. These standards may be individually waived by the zoning administrator, upon the recommendation of the Isle of Wight County Wetlands Board for approved parks, recreation facilities, shoreline erosion control and beach maintenance projects where sufficient data is presented justifying the project and where it is demonstrated that such actions will not increase flood levels on any properties. (7- 7 -05). E. Construction standards for properties in zone A. 1. All new construction and substantial improvements in zone A must comply with all standards applicable to zone AE contained in this section and the floodplain construction provisions of the Virginia Uniform Statewide Building Code. In addition, the owner and /or developer of such property shall provide to the zoning administrator sufficiently detailed hydrologic and hydraulic analyses, certified by a licensed engineer, to determine the base flood elevation for the, and floodway data from federal, state and other acceptable sources. (2- 16 -12) 13 F. Construction standards for properties in zone AE. All new construction and substantial improvements in the Floodplain Management District shall occur in accordance with the applicable floodplain construction provisions for zone AE contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least one and one -half (1' /z) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system. (7 -7 -05) 2. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent inundation. (7- 7 -05). 3. In all cases, elevation of the lowest floor of the structure, including basements, to at least one and one -half (1' /2) feet above the base flood elevation or, in the case of nonresidential structures, floodproofing to at least that level. The lowest floor elevation of any new residential structure, including basements, constructed within a flood plain area shall be at least one and one -half (1' /2) feet above based flood elevation. The lowest floor elevation of any new nonresidential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. (2- 16 -12). 4. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home elevated a least one and one half (1 %2) feet above base flood level and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement. (2- 16 -12) 5. Recreational vehicles placed on sites shall either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use; meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection F.4. of this section; or b. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions. (7 -7 -05) 14 G. Construction standards for properties in coastal high hazard area. All new construction and substantial improvements in the V -zones of the Floodplain Management Area shall occur in accordance with the applicable floodplain construction provisions contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new construction shall be located landward of the reach of mean high tide. (7 -7 -05) 2. There shall be no fill used as structural support. (7 -7 -05) 3. There shall be no alteration of sand dunes, watercourses or banks, which would increase potential flood damage. (7 -7 -05) 4. Within V -zones on the flood insurance rate map, obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. (2- 16 -12) 5. All new construction and substantial improvements elevated on pilings and columns must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) elevated at least three (3) feet above the base flood level and the pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water- loading values used shall be those associated with the base flood. Wind - loading values used shall be those required by applicable state or local building standards. A registered professional engineer or architect shall develop or review the structural design and methods of construction and shall certify that design and methods of construction to be used are in accordance with accepted standards. (2- 16 -12) 6. Provide that all new construction and substantial improvements, within zones VE, VI -30 and V on the community's FIRM, have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe- 15 loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water - loading values used shall be those associated with the base flood. Wind - loading values used shall be those required by applicable state or local building standards. Such enclosed space shall be usable solely for parking of vehicles, building access or storage. (2- 16 -12.) 7. All recreational vehicles placed in V -zones shall be: a. On site for fewer than one hundred eighty (180) consecutive days; b. Be fully licensed and ready for highway use; or c. Meet the same standards as for conventional housing in V- zones. (2- 16 -12.) 8. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system. (2- 16 -12.) 9. All electrical distribution panels shall be installed at least six (6) feet above the base flood elevation or otherwise located so as to prevent inundation. (2- 16 -12.) 10. In all cases, elevation of the lowest horizontal structural member of the lowest floor of the structure, excluding pilings or columns, to at least three (3) feet above the base flood elevation and may result in a reduction of flood insurance premiums. (2- 16 -12.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled "Overlay Districts ", Section 6 -4009, entitled "Variances" of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -4009. - Variances. A. In acting upon application for variances from the provisions of this article, in addition to the requirements elsewhere set forth in this ordinance, the board of zoning appeals shall consider the following additional factors: 16 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the 100 -year flood elevation; 2. The danger that materials may be swept on to other lands or downstream to the injury of others; 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; 5. The importance of the services provided by the proposed facility to the community; 6. The requirements of the facility for a waterfront location; 7. The availability of alternative locations not subject to flooding for the proposed use; 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 10. The safety of access by ordinary and emergency vehicles to the property in time of flood; 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; 12. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; 13. Such other factors which are relevant to the purpose of this ordinance. (7- 7 -05.) B. The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters, at the expense of the applicant. (7- 7 -05.) C. Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: 17 I . Prohibited increases in the height of the floodway. (2- 16 -12.) 2. Additional threats to public safety; (7 -7 -05) 3. Extraordinary public expense and will not create nuisances; (7 -7- 05) 4. Cause fraud or victimization of the public; or (7 -7 -05) 5. Conflict with local laws or ordinances. (7 -7 -05) Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from an undue hardship to the applicant. The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100 - year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled "Overlay Districts ", Section 6 -4010, entitled "Existing Structures in the Floodplain" of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -4010. - Existing structures in Floodplain Management District. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the floodway shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100 -year flood elevation. (7- 7 -05.) B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and /or use located in any flood plain area to an extent or amount of less than fifty (50) percent of its market value shall conform to the Virginia Uniform Statewide Building Code. (2- 16 -12.) C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and /or use, regardless of its location in a flood plain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the I:] Virginia Uniform Statewide Building Code. (2- 16 -12.) The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: D. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix B, Zoning, Section 5 -5003 Supplementary use regulations for civic use types, specifically Section 5- 5003(x) Religious assembly, to allow churches to occupy existing civic and commercial facilities in the Rural Agricultural Conservation, Village Center, General Commercial and Planned Development -Mixed Use zoning districts as a principal, accessory, or temporary use provided that the existing site improvements are adequate to accommodate the use, and the use is allowed under the conditional zoning of the property. Beverly H. Walkup, Director of Planning and Zoning, presented the proposed Ordinance. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the following Ordinance be adopted: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix B, Zoning, Section 5 -5003 Supplementary use regulations for civic use types, specifically Section 5- 5003(K) Religious assembly, to allow churches to occupy existing civic and commercial facilities in the Rural Agricultural Conservation, Village Center, General Commercial and Planned Development -Mixed Use zoning districts as a principal, accessory, or temporary use provided that the existing site improvements are adequate to accommodate the use, and the use is allowed under the conditional zoning of the property. WH]EREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and 19 WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Section 5 -5003 Supplementary use regulations for civic use types, specifically Section 5- 5003(x) Religious assembly of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5 -5003. - Supplementary use regulations for civic use types. A. Adult care center. 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of an adult care center shall be provided to the zoning administrator prior to the issuance of a zoning permit. 2. The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance. 3. Where provided for in the zoning district(s) regulation(s) as a conditional use, an adult day care center may be permitted by the board of supervisors with a recommendation by the planning commission upon a finding of the following criteria: a. That the adult care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; and b. That there is ample indoor and outdoor space, free from hazard, appropriately equipped with considerations given to the physical and mental conditions of the persons attending the adult care center. 4. A conditional use permit shall not be required for an adult care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. B. Cemetery. 1. Any burial plot on land abutting a public or private street shall comply with the required front yard setback of the underlying zoning district and twenty -five (25) feet from all property lines. 2. Arrangements for perpetual maintenance of the cemetery shall be in 20 compliance with all applicable governmental laws and regulatory requirements and shall be approved by the county attorney as to form. 3. Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth below unless otherwise exempted by the department of health. Well Class Distance from Cemetery Class 3A or deep well Minimum 50 feet Class 3B well Minimum 50 feet Class 3C or a shallow well Minimum 100 feet Class 4 well Minimum 100 feet The proposed location for a cemetery shall be compatible with adjacent land uses, existing or proposed highways, and any other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. C. Child care center. 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of a child care center shall be provided to the zoning administrator prior to the issuance of a zoning permit. 2. The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance. 3. Where provided for in the zoning district(s) regulation(s) as a conditional use, a child care center may be permitted by the board of supervisors with a recommendation by the planning commission upon a finding of the following criteria: a. That the child care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; b. That there is ample indoor and outdoor play space, free from hazard, appropriately equipped, and readily accessible for the age and number of children attending the child day care center; and c. That the area of the property upon which the child care center is located contains no less than one thousand (1,000) square feet per child to be cared for in the child care center. 4. A conditional use permit shall not be required for a child care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. 21 D. Child care institution. 1. Setbacks adjacent to single - family residential districts or property used for single - family dwellings shall be at least sixty (60) feet. No active recreational areas, refuse containers, parking or vehicular access, etc., should be located within this setback area. 2. Perimeter landscaping shall be in accordance with use types as specified in article VIII, and fencing shall be required. 3. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least sixty (60) feet from exterior lot lines. 4. Vehicular parking shall be in accordance with the requirements of this ordinance. 5. Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. E. Community center. 1. Pedestrian access and /or bike paths shall be provided to adjacent residential developments. A bike parking area shall also be provided. 2. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines. 3. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. 4. Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. F. Educational facility, primary /secondary. Facilities in the RAC and VC Districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. G. Modular classroom. Modular classroom unit(s) shall only be allowed on a temporary basis, not to exceed twelve (12) months, on the site of an existing primary /secondary, college /university, or religious assembly educational facility. 1. No more than three (3) units shall be allowed on a single site without approval of a conditional use permit. 2. The placement of the modular classroom unit(s) shall meet all of the 22 required building setbacks for the underlying zoning district. In addition, all modular classroom unit(s) shall be setbacks at least thirty -five (35) feet from the front or primary entrance of the permanent education facility. 3. The existing parking on the site shall meet the requirements of article X, including spaces necessary to serve users of the modular classroom unit(s). 4. Exterior lighting of the modular classroom unit(s) shall be shielded and shall have zero (0) spillover onto adjacent properties. 5. If existing landscaping on the site does not meet the requirements of article VIII, additional landscaping shall be required to attain the minimum buffer and frontage zone landscaping requirements of the site. Foundation zone planting is not required for modular classroom units which are in place less than twelve (12) months. 6. Modular classroom unit design and installation shall meet all applicable federal, state and local building code regulations. 7. Modular classrooms which require placement longer than twelve (12) months or construction of additional parking shall require a conditional use permit. H. Nursing home. Buildings in existence as of the date of adoption of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. I. Public maintenance and service facility. Outside storage of materials shall be completely screened from public view, including vehicular storage areas. J. Public park and recreational area. 1. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures shall conform to the required front and corner side yard building setbacks of the underlying zoning district. 2. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. 3. Pedestrian access shall be provided whenever practicable to adjacent residential properties. 4. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and twenty -five (25) feet from any exterior lot lines. 5. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. 6. Lighting shall be installed in accordance with article XI (outdoor 23 lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 7. All public swimming pools shall conform to the following minimum requirements: a. Setback requirements: Seventy -five (75) feet from any property line. L Additional setback requirements: 1. Setback adjacent to residential zone: One hundred twenty -five (125) feet. 2. Setback adjacent to railroad right -of -way, publicly owned land or land in commercial or industrial zone at any point: Twenty -five (25) feet. b. Any buildings erected on the site of any such pool shall comply with the yard requirements of the zone in which the pool is located. 8. A public water supply shall be available and shall be used for the pool. Use of a private supply of water for the pool may be granted by conditional use permit provided that it will not adversely affect the water supply of the community. 9. Perimeter landscaping shall be in accordance with bufferyard D in section 8 -1004, and fencing shall be required adjacent to a residential zone. 10. Special conditions deemed necessary to safeguard the general community interest and welfare, such as provisions for off - street parking, additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements, including a showing of financial responsibility by the applicant, may be required by the board of supervisors with a recommendation from the planning commission as a requisite to the granting of a conditional use when applicable. K. Religious assembly. 1. Religious facilities in the RAC and VC districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. 2. Religious assembly may occupy existing civic or commercial facilities in the RAC, VC, GC and PD -MX districts as a principal, accessory or temporary use provided that the existing site improvements, particularly parking, are adequate to accommodate the demands of the use and provided that the use is allowed under the conditional zoning of the property, if applicable. 24 Any new construction, expansion, or enlargement shall obtain a conditional use permit in accordance with this ordinance. L. Utility service, minor. All new customer utilities, services, including, but not limited to, all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer systems, shall, after the effective date of this ordinance be placed below the surface of the ground; provided, that: 1. Equipment such as electric distribution transformers, transmission 33KV and above, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground and in accordance with accepted utility practices for underground distribution systems may be so installed; 2. Meters, service connections and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed; 3. Overhead utilities services existing as of October 29, 1974, may be repaired, replaced or increased in capacity; and relocated parallel and adjacent to preexisting state roads; 4. Temporary overhead facilities required for construction purposes will be permitted; 5. Whenever relocation of utility facilities is compelled by any construction undertaken by any unit of government, the provisions of this section may be waived by the board of supervisors or its agent; 6. Overhead farm and industrial customer utility services and wiring which is on property owned and /or occupied by the users thereof will be permitted; 7. Underground utilities will not be required in those areas of the county zoned rural agricultural conservation districts under the zoning ordinance of Isle of Wight County; 8. Underground utilities will not be required in industrial parks which would be defined as subdivisions by the subdivision ordinance of Isle of Wight County if zoned to an industrial use under the zoning ordinance of Isle of Wight County; 9. Overhead utilities services may be extended within a subdivision where the average lot size (excluding the original parcel) is greater than five (5) acres and may further be extended in any case where such extension would be parallel and adjacent to public roads existing as October 29, 1974. Utilities services along roads not existing as of October 29, 1974, and internal to a subdivision where the average lot size (excluding the original parcel) is five (5) acres or less must be underground. Overhead utilities services may be extended along or across other public roads as authorized by the zoning administrator. 25 10. All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction. M. Utility services, major. 1. Public utility buildings in any permitted residential zone shall have the exterior appearance of residential buildings. Landscaping shall be provided in accordance with bufferyard D in section 8 -1004 2. Nothing herein shall require a conditional use permit for repair of a water well so long as the design capacity of the repaired well is not increased; nor shall a conditional use permit be required for replacement of a well which is worn out or has become less productive, so long as: a. The replacement well is no more than one -fourth (' /a) of a mile in distance from the well being replaced; b. The replaced well is abandoned in accordance with regulations administered and enforced by Virginia Department of Environmental Quality or other applicable agency; c. The replacement well shall draw water from the lower cretaceous aquifer (Potomac Group) only; d. The owner of the well demonstrates to the zoning administrator that the replacement well will provide no more water than the well being replaced by providing the zoning administrator board with the initial production tests of the well being replaced and the initial production tests of the replacement well; and e. The average static water level of the lower cretaceous aquifer, as determined from the average of all monitoring and observation wells of the Virginia Department of Environmental Quality, has not dropped more than fifty percent (50 %) from the most recent average static water level. (Measured from the most recent average static water level to the top of the aquifer.) Provided, further, that if the owner has more than one (1) well designed or capable of producing fifty thousand (50,000) gallons or more per day located in Isle of Wight County, Virginia, the owner shall provide the zoning administrator with the name, location and initial production tests of such other wells of said design or capacity. 3. The dissolution or abandonment of a public water system previously approved by the Virginia Department of Health and /or the county shall require obtaining a conditional use permit from the board of supervisors, after recommendation from the planning commission. (7 -7 -05; 5- 27 -10.) The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 26 Chairman Casteen called for a public hearing on the following: E. Lease of Public Property for Agricultural Purposes /Griffin Property Farm Lease County Attorney Popovich advised that a public hearing is required responsive to the Board's action at its prior meeting to authorize lease of the above property to Jones Farm, Inc. He advised that the matter has been properly advertised for public hearing. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed lease. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the lease of public property for agricultural purposes be approved. The motion was adopted by a vote of (5- 0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: F. Divestment of County Property to the Isle of Wight County Industrial Development Authority /Griffin Property Chairman Casteen called for persons to speak in favor of or in opposition to the divestment. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the transfer be approved. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that Board authorize the Chairman to sign the assignment of lease with the Jones Farm. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: 27 G. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 7. Fire Protection. Article I. In General. Section 7 -1.2. Emergency Ambulance Transportation Service Fees County Attorney Popovich advised that the matter has been properly advertised for public hearing. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 7, FIRE PROTECTION, ARTICLE I. IN GENERAL, SECTION 7 -1.2 EMERGENCY AMBULANCE TRANSPORTATION SERVICE FEES WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia seeks to update the Isle of Wight County Code to update and correct errors discovered. NOW THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Section 7 -1.2. Emergency Ambulance Transportation Service Fees be amended and reenacted as follows: Section 7 -1.2 Emergency Ambulance Transportation Service Fees (a) In accordance with Section 32.1- 111.14 of the Code of Virginia (1950, as amended), the provisions of this Section are deemed necessary to assure that adequate emergency services are provided to ensure the health, safety and general welfare of Isle of Wight County citizens. (b) Definitions. The following definitions shall apply for purposes of this section: Advanced life support level 1\ or ALS -1. Medical treatment or procedure services provided to a patient beyond those defined in "basic life support" or "BLS," but shall not include those services set forth in "advanced life support level 2" or "ALS -2." Advanced life support level 2\ or ALS -2. Those advanced life support (ALS) services provided to a patient beyond ALS -1 including the following procedures: (i) manual defibrillation/cardioversion; (ii) endotracheal intubation; (iii) central venous line; (iv) cardiac pacing; (v) chest decompressions; (vi) surgical airway; or (vii) intraosseous line, and the administration of three or more medications of any kind. Basic life support\ or BLS. Medical treatment or procedure services provided to a patient as defined by the National Emergency Medicine Services (EMS) Education and Practice Blueprint for the Emergency Medical Technician (EMT)- Basic. Ground transportation mileage\ or GTM. The assessed travel distance, in statute miles, from the location of the incident scene, or center point of a fire demand zone where an incident scene or address is located, to a hospital or other medical facility where a patient is transported. (c) The schedule of fees for ambulance transportation services provided by the Isle of Wight County department of emergency management shall be as set by the Chief of Emergency Services and approved by the Board of Supervisors of Isle of Wight County. (d) The Chief of Emergency Services is hereby authorized and directed to establish such rules and regulations as may be necessary for the administration of the charges imposed by this section, including but not limited to, billing and repayment procedures. (2- 17 -05; 4- 19 -07.) The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for consideration of the Consent Agenda. A. Fair Committee By -laws B. Resolution to Accept and Appropriate Disaster Assistance Funds from the Federal Emergency Management Agency for Hurricane Irene Damages 29 C. Cannon Acres Waterline Project D. Resolution to Accept and Appropriate Grant Funds from the Virginia Wireless E -911 Services Board PSAP Education Program Grant E. Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds from the Virginia Commission of the Arts F. Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Agriculture and Consumer Services for the Purchase of Development Rights G. Resolution to Accept and Appropriate Grant Funds H. Hampton Roads Partnership I. Western Tidewater Water Authority (WTWA) J. Board Retreat K. Board of Zoning Appeals Resolution of Appreciation for Nancy Guill L. January 5, 2012 Regular Meeting Minutes M. January 10, 2012 Special Meeting Minutes N. January 19, 2012 Regular Meeting Minutes At the request of Chairman Casteen, Supervisor Hall moved that Item (M), January 10, 2012 Special Meeting Minutes, be removed from the Consent Agenda and that the remaining items be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (M), January 10, 2012 Special Meeting Minutes, Chairman Casteen moved that consideration of the minutes be postponed until the Board's March 15, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for Regional Reports. c X Chairman Casteen reported that the focus of the Coalition of High Growth Communities meeting had been on current issues and legislation. Regarding the Hampton Roads Military and Federal Facilities Alliance, Supervisor Darden reported that the 2013 budget for the Hampton Roads area will remain intact. County Administrator Caskey reported that the Hampton Roads Planning District Commission had held its retreat and discussed its mission, budget, compensation for staff and the possibility of paperless agendas. County Administrator Caskey reported that the Southeastern Public Service Authority is working on its next fiscal year budget. Supervisor Hall reported that she had taken a tour of the packing plant with respect to the Western Tidewater Jail Authority's work release program. Chairman Casteen reported that he had been nominated Vice - Chairman of the Western Tidewater Water Authority. Regarding the Windsor Intergovernmental Relations Committee, Supervisor Alphin reported that the Director of Economic Development had made a presentation to the Windsor Town Council who wishes to discuss water and sewer in the Town with the County. Supervisor Bailey reported that the Commission on Aging conducts four (4) annual events and has an annual budget of $1,700. I/I Chairman Casteen called for Transportation Matters. Frank Haltom, Assistant Director of General Services, formally introduced Jamie Oliver, that Department's new VDOT Coordinator. Ms. Oliver distributed a planning, engineering and signage sheet which had been inadvertently omitted from the Board's agenda. Responsive to Supervisor Darden, Mr. Haltom advised that the County does not own or maintain outfall ditches unless an easement has been deeded to the County. He requested any persons with questions regarding ditch maintenance to contact Ms. Oliver directly. Regarding the issue of traffic calming efforts in the Carrisbrooke and Gatling Pointe South neighborhoods, Supervisor Bailey moved that the Board direct staff to proceed with a preliminary public meeting for each neighborhood to determine citizen commitment to moving forward with 31 developing a traffic- calming plan. The motion was adopted by a vote of (5- 0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for Citizens Comments. Ed Easter of 12224 Hideaway Lane spoke in favor of managed County growth. Mary Batten of Surry County spoke in opposition to the proposed Cypress Creek Coal -Fired Power Plant. Helen Eggleston of 2985 Rolf Highway, Dendron, requested that the Board take appropriate action to prevent the construction of the proposed Cypress Creek Coal -Fired Power Plant. She further requested the Board to reaffirm its resolution of opposition. Conway Henderson of 13185 Doggett Lane requested that the Board not rescind its resolution of opposition to the proposed Cypress Creek Coal - Fired Power Plant and that the Board favorably consider the Blackwater Regional Library's request for additional funding. Kelly Place of Williamsburg spoke in opposition to the proposed Cypress Creek Coal -Fired Power Plant. Laura Sickles of 15254 Newbill Lane requested that the Board uphold its resolution of opposition to the proposed Cypress Creek Coal -Fired Power Plant. Donn Sickles of 15254 Newbill Lane requested the Board to reaffirm its opposition to the proposed Cypress Creek Coal -Fired Power Plant. Pat Clark of Twin Hill Lane distributed copies of his Dominion Virginia Power bill, noting that company's reliance reduction on coal. He requested that the Board not act until the Commission on Aging has heard from those in favor of the proposed coal plant. Thomas Finderson of 24661 Sugar Hill Road spoke in opposition to the proposed Cypress Creek Coal -Fired Power Plant. Willis Freeman of 305 Pocahontas Avenue notified the Board that the bridge at the former International Paper facility has been closed since December 2011. He cited concerns with that bridge closure. Ivan Leonard of Camptown notified the Board regarding the need for a drainpipe in his yard to correct improper drainage. 32 Tom Gaskell of Dodge Lane advised that the sentiment of certain Carrsville citizens is that the Carrsville area does not receive the same amount of attention as other areas of the County even though a great deal of tax revenue was previously generated from the plant. He further advised that Camptown now has speed limit signs; VDOT has cleaned out the drainage pipes; and, a VDOT survey crew is to survey that area to resolve any drainage concerns. He requested the Board to encourage General Services' staff to assist with drainage problems in that area. Chris Anderson of 11181 Rolf Highway in Surry spoke in opposition to the proposed Cypress Creek Coal -Fired Power Plant. Ben Rideout, Southern Development Committee Chairman, invited the Board, the Director of Planning and Zoning, the Director of Economic Development and the Director of General Services to tour the southern area of the County Chris Moore, Chesapeake Bay Foundation, spoke in opposition to the proposed Cypress Creek Coal -Fired Power Plant. David Hudgins of Old Dominion Electric Cooperative requested that the Board rescind its former resolution of opposition. Stacy Casey, future Surry County resident, spoke in opposition to the proposed Cypress Creek Coal -Fired Power Plant. // Chairman Casteen called for Board comments. Responsive to Mr. Freeman's comments under Citizens' Comments concerning the bridge closure at the former International Paper site, Supervisor Alphin offered to provide the Chief of Emergency Management with contact numbers of Camptown residents so that notification of future road /bridge closures can be provided to them. Andrea S. Clontz, Assistant to the County Administrator and Deputy Emergency Management Coordinator, is to provide Mr. Chase with the names of Camptown residents so that they can be added to the Isle of Wight Alert recipients list with respect to notification of these types of events. // Chairman Casteen called for the County Attorney's report. 33 County Attorney Popovich requested the Board's authorization to advertise for public hearing the realignment of a pole line in Zuni which will encroach on County -owned property. Chairman Casteen moved that the County Attorney's office be authorized to set the matter for public hearing at the Board's March 15, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich requested the Board's authorization to advertise for public hearing An Ordinance to Amend and Reenact the Isle of Wight County Code Chapter 7. Fire Protection. Article III. Fire Prevention. Section 7 -14. Permissible Open Burning. Supervisor Bailey moved that the County Attorney's office be authorized to set the matter for public hearing at the Board's March 15, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich represented a request from Hope Presbyterian Church to purchase ten (10) acres of County -owned property located at 13080 Great Spring Road. Supervisor Alphin moved that the Chairman be authorized to execute the purchase agreement on behalf of the Board. Following discussion by the Board regarding the prematurity of the request due to unknowns regarding the future use of the property, the location of the rescue squad, the purchase price and the potential need for an appraisal of the property, Supervisor Alphin rescinded his motion. Supervisor Hall moved that the County enter negotiations with Hope Presbyterian Church concerning the purchase of property on Great Spring Road. The motion was adopted by a vote of (4 -1) with Supervisors Darden, Hall, Alphin and Casteen voting in favor of the motion and Supervisor Bailey voting against the motion. Chairman Casteen moved that the Board reconsider the above vote. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that the County enter negotiations with Hope Presbyterian Church concerning the purchase of property on Great Spring Road. The motion was adopted by a vote of (5 -0) with Supervisors Darden, 34 Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisor voting against the motion. County Attorney Popovich advised that included in the Board's agenda for the Board's information is a recent Virginia Attorney General's opinion relative to House Joint Resolution No. 693 responsive to the Board's previous correspondence to the County's representatives opposing this legislation. Responsive to Supervisor Bailey's request to further discuss the Town of Smithfield's request for reimbursement of certain fire and rescue invoices in the amount of $29,872.37, it was the concensus of the Board that County Attorney Popovich and Smithfield Town Attorney Riddick are to resolve the matter and report back to the Board at its March 15, 2012 meeting. County Attorney Popovich advised that he had two (2) matters to discuss with the Board later during the closed meeting. // Chairman Casteen declared a break. The Board returned to open session. Chairman Casteen called for the Community Development report. The Board received a presentation from Ms. Leigh Chapman, Salters Creek Consulting, relative to the revisions to the Hazard Mitigation Plan which was originally adopted by the Board in 2006 and which now includes manmade hazards and updated natural hazards; revised goals and objectives; and, an element of environmentally friendly and energy efficient technologies as part of the mitigation strategy. Chairman Casteen emphasized concern with Route 460 being identified as a critical evacuation route due to its potential to flood. Mr. Chase advised that Route 460 is identified in the County's evacuation plan under the Department of Emergency Management. He advised that the Route 58 Bypass at Bowers Hill is being considered for a reverse lane through Suffolk, Franklin and Southampton County versus being solely dependent on Routes 460 and 258. Ms. Chapman offered to add the above comments on Route 460 to the Action Plan. She advised that the Plan must be updated every five (5) years and it has been preliminarily approved by the Virginia Department of Emergency Management and the Federal Emergency Management Agency. 35 Ms. Barnes presented a Resolution to Adopt the Updated Southside Hampton Roads Hazard Mitigation Plan to Serve as Isle of Wight County's Hazard Mitigation Plan in Accordance with the Disaster Mitigation Act of 2000 for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION ADOPTING THE UPDATED SOUTHSIDE HAMPTON ROADS HAZARD MITIGATION PLAN 2011 TO SERVE AS THE UPDATED HAZARD MITIGATION PLAN FOR ISLE OF WIGHT COUNTY, VIRGINIA W]FIEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local governments develop and adopt hazard mitigation plans in order to receive certain federal assistance; and, WHEREAS, the County of Isle of Wight; the Cities of Norfolk, Portsmouth, Suffolk and Virginia Beach; and the Towns of Smithfield and Windsor formed the Southside Hampton Roads Hazard Mitigation Planning Committee and adopted a comprehensive hazard mitigation plan for the region in June 2006; and, WHEREAS, the Southside Hampton Roads Hazard Mitigation Planning Committee was awarded a grant to update the 2006 regional hazard mitigation plan; and, WHEREAS, a request for proposals was issued by, and subsequent contract administered by, Hampton Roads Planning District Commission, to hire an experienced consulting firm to work with the Southside Hampton Roads Hazard Mitigation Planning Committee to update the 2006 regional hazard mitigation plan; and, WIEREAS, the Southside Hampton Roads Hazard Mitigation Planning Committee held regional meetings and public hearings to study the region's risk from, and vulnerabilities to, natural and manmade hazards and to make recommendations on mitigating the effects of such hazards on the region; and, WIEREAS, the efforts of the Southside Hampton Roads Hazard Mitigation Planning Committee have resulted in the development of the updated Southside Hampton Roads Hazard Mitigation Plan 2011 for the region. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Isle of Wight County, Virginia, that the Southside Hampton Roads Hazard Mitigation Plan, dated September 2011, is hereby approved and adopted for Isle of Wight County, Virginia. 36 The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Smolnik updated the Board on the most recent meeting of the Small Business Committee with respect to the issue of temporary signs. Supervisor Darden advised the farming community became alarmed when directional signs advertising a local farmer's auction of farm equipment were removed from the VDOT right -of -way. Mr. Smolnik advised that off - premises signs are illegal per the County Code. He stated that investigation of other municipalities revealed that they do not allow this type of sign. He advised that signs under one (1) square foot are not regulated by the Code. Following inquiry if an exception can be made for this type of event, Ms. Walkup offered to review the Zoning Ordinance and return to the Board with recommendations. Supervisor Bailey moved, then amended, then withdrew his motion that there be an exception for farm auctions and that signs be allowed for ten (10) days following advisement from County Attorney Popovich that such a motion would require a change in the County's Ordinance and a public hearing and that granting such an exemption could be setting a precedent. Ms. Walkup offered to work with the farmer and bring back some appropriate revisions to the Zoning Ordinance. Supervisor Darden moved that the Director of Planning and Zoning be directed to work with the farm owner and that staff be directed to return to the Board with a proposal for this type of exemption or ordinance in the future. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for the Parks and Recreation report. Mike Stephens, Isle of Wight County Fair Committee Chairman, presented a request from the Fair Committee to fill in the irrigation pond and drainage ditch at Heritage Park using volunteers. He advised that the project would not be undertaken this year due to a project that is currently underway. Supervisor Alphin moved that permission be granted to fill in the irrigation ditch and pond at Heritage Park at no cost to the County with the 37 General Services Department obtaining any permits required. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mark W. Furlo, Director of Parks and Recreation, requested authorization to hire five (5) Skating Rink Attendants. Supervisor Alphin moved that the Parks and Recreation Director be authorized to hire five (5) staff for the Skating Rink. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo requested authorization to hire temporary personnel required to implement the Summer Blast Program at Carrollton Elementary School. Supervisor Bailey moved that the Director of Parks and Recreation be authorized to advertise and hire temporary personnel required to implement the Summer Blast Program. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for the General Services report. Frank Haltom, Assistant Director of General Services, requested authorization to expend $200,000 in capital funds for the Sanitary Consent Order project. Supervisor Darden moved to authorize the expenditure of $200,000 for the Sanitary Consent Order project. The motion was adopted by a vote of (5- 0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Haltom requested authorization to upgrade the Secretary for the Public Utilities Division of General Services to an Administrative Assistant. Chairman Casteen moved that the County Administrator be authorized to upgrade the Secretary for the Public Utilities Division of General Services to an Administrative Assistant, advertise for and fill the position up to the position range mid -point of $34,849. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for the Tourism report. Jennifer Williams England, Historic Resources Manager, briefed the Board regarding the Courthouse, Civil War and Smokehouse exhibits. H Chairman Casteen called for the County Administrator's report. County Administrator Caskey requested the Board's consideration of a Resolution to Appropriate Funds from the Unassigned and Assigned Fund Balance for the Completion of Various Carryover Operating and Capital Projects and a Resolution to Accept and Appropriate Funds from the State and Federal Governments for Carryover Grant Programs. Chairman Casteen moved that consideration of the Resolutions be postponed until the Board's March 5, 2012 special meeting set to discuss financial matters. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson requested authorization to proceed with health insurance consultant services. Supervisor Hall moved to authorize execution of an agreement with the selected vendor for the provision of consulting services relative to health insurance. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson briefed the Board regarding the Juvenile Accountability Program and requested authorization for Court Services to maintain the program by outsourcing services. Supervisor Darden moved that the Court Services be authorized to maintain the Juvenile Accountability Program by outsourcing services. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Ms. Williams England briefed the Board regarding the need to demolish the structurally unstable old Jail building located on the Courthouse complex, due to ongoing budget restraints and safety of passers by. Supervisor Bailey moved that the Department of General Services be authorized to proceed with the demolition of the old Jail, salvaging any appropriate items. The motion was adopted by a vote of (5 -0) with 39 Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Regarding the issue of the Cypress Creek Coal -Fired Power Plant, John Seward, Surry County Board of Supervisors, notified the Board that the Surry Board had taken action at its most recent meeting to request the County Board to revisit the decision made by the previous County Board members and not take a position on the issue of the proposed Cypress Creek Coal Fired Power Plant at this point in time. County Attorney Popovich, responsive to an inquiry from Supervisor Alphin, advised that the Board could not reconsider a prior motion, but it could adopt a different resolution if it so chooses. Supervisor Darden moved that the County Attorney be directed to draft a resolution reflecting that the County has a neutral stance with respect to the coal plant. The motion was defeated by a vote of (2 -3) with Supervisors Darden and Casteen voting in favor of the motion and Supervisors Bailey, Hall and Alphin voting against the motion. Responsive to a previous request from Supervisor Bailey that the Board be provided a list of County -owned properties, Supervisor Bailey moved that the matter be postponed until the Board's March 15, 2012 meeting due to the late hour. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson notified the Board that the Machinery & Tools Tax legislation, House Bill 512, had failed. He further advised that he would be emailing information received from VACo. Regarding the issue of funding for the Zuni welcome sign project, Mr. Robertson advised that $15,000 had previously been appropriated per year over a three (3) year period to the Industrial Development Authority (IDA) to the Newport Development Service District Corridor Revitalization Committee and the Southern Development Committee (SDC). He stated in response to the SDC's Chairman's request to the Board at its October 6, 2011 meeting to allocate funding up to $14,000 for a proposed welcome sign project for Route 460 at Zuni Circle, the Board had authorized use of up to $14,000 of remaining SDC funds from the IDA fund for the project, but due to changes in accounting standards relative to GASB 54, remaining funds are no longer available for this purpose. He advised that the IDA, at its February 14, 2012 meeting, had declined to re- appropriate funds for the Zuni welcome sign project and moved that the matter be referred to the Board for its consideration. Supervisor Alphin advised that the land where the Southern Development Committee desires to install the sign is in the jurisdiction of the 1, Federal Emergency Management Agency (FEMA) and the mater is currently in the process of being appealed by the State. Supervisor Alphin moved that the matter be deferred until the location for the sign is resolved. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Appointments. Supervisor Alphin moved that Kathy Bowden be appointed to serve on the Boykin's Tavern Museum Advisory Committee representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that Thomas Giles be appointed to serve on the Southern Development Committee. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that W. Lee Duncan be appointed to serve on the Historical Architectural Advisory Board representing the Hardy District. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that James Ford be reappointed to serve on the Planning Commission presenting the Hardy District. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Kay Stephenson be appointed to serve on the Beautification Committee representing the Windsor District. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that William G. Saunders, IV be reappointed to serve on the Planning Commission representing the Windsor District. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 41 Mr. Robertson was requested to investigate if the Community Criminal Justice Board is in need of an individual from the County to serve. Mr. Robertson was requested to locate an individual willing to serve on the Southeastern Tidewater Opportunity Project. Supervisor Darden and Mr. Robertson were requested to locate an individual from Windsor or Carrsville that is willing to serve on the Western Tidewater Community Services Board. H Chairman Casteen called for Old Business. Chairman Casteen called for discussion on the Smithfield Volunteer Fire Department utility bills. Supervisor Darden moved that a resolution be adopted paying the Smithfield Volunteer Fire Department $3,740.91, as well as a payment of an additional $2,781. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Supervisor Bailey moved that the Board extend its meeting past 11:00 p.m. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. %I Chairman Casteen offered a motion to add $10,600 to the Smithfield Volunteer Fire Department budget for utilities. Chairman Casteen withdrew his motion following a request from Supervisor Darden that the matter be further discussed at the Board's March 151 2012 meeting. Regarding the issue of water system connection charges, Supervisor Bailey moved that the matter be postponed until the Board's March 15, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for New Business. 42 Responsive to the request of the Blackwater Regional Library, Supervisor Darden moved that the request for a mid -year budget appropriation in the amount of $5,750 be granted. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved, and withdrew his motion, that Mr. Hardison's report on the SPSA be added to New Business. County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Code of Virginia concerning a personnel matter pertaining to a specific public official and pursuant to Section 2.2- 3711.A.7 concerning legal advice requiring the provision of legal advice pertaining to the Southeastern Public Service Authority. Supervisor Bailey moved that the Board enter closed meeting for the reasons stated. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that the following resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. 43 VOTE AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 H The Board took no action following the closed meeting. At 11:40 p.m., Chairman Casteen declared the meeting adjourned. Okudn LPILVI'll-) Carey NMIs Storm, Clerk .. Alan E. Casteen, Chairman