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12-19-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: JoAnn W. Hall, Chairman, Hardy District Byron B. Bailey, Newport District Rex W. Alphin, Carrsville District Delores C. Darden, Windsor District Alan E. Casteen, Smithfield District Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE At 5:00 p.m., Chairman Hall called the meeting to order and Supervisor Darden provided the invocation and led the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA Supervisor Casteen moved that the agenda be adopted, as presented. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS /APPEARANCE Animal Control staff presented a dog available for adoption at the animal shelter. Krista Edott, Cherry Bekaert, Government Finance Officers Association, advised that the County has received an unqualified opinion on its Financial Audit Report for the Year Ended June 30, 2013. William C. Smith, Superintendent, Western Tidewater Regional Jail, updated the Board relative to the potential budgetary impact to the County as a result of Federal inmates being transferred from the Western Tidewater Regional Jail facility to the Virginia Beach City Jail facility. Constance Rhodes, Chief Executive Officer, Isle of Wight- Smithfield - Windsor Chamber of Commerce, was recognized for her accomplishments during her tenure with the Chamber of Commerce. Chairman Hall was recognized for her years of service to the citizens of the County and as a member of the Board of Supervisors upon the expiration of her term on the Board which ends on December 31, 2013. 1 CONSENT AGENDA A. Resolution to Recognize the Accomplishments of Constance "Connie" Rhodes B. Resolution to Recognize the Contributions of JoAnn W. Hall C. Resolution to Designate Isle of Wight County as a Hybrid Entity for Purposes of HIPAA and Identifying its Health Care Components D. Plan Document Amendment for Flexible Spending Funding Carryover E. Resolution to Deem Certain Property as Surplus F. Appropriation to Carryover Funds Remaining on June 30, 2013 Resolution to Appropriate Funds from the Unassigned and Assigned Fund Balance for the Completion of Various Carryover Operating and Capital Projects Resolution to Accept and Appropriate Funds from Federal and State Governments and Private Organizations for Carryover Grant Programs G. Resolution to Accept and Appropriate Incentive Funds from the Virginia Department of Agriculture and Consumer Services for Franklin Lumber, LLC H. Citizens' Broadband Initiative Assistance I. Resolution to Accept and Appropriate Funding from HHJV, LLC J. Resolution to Appropriate Bond Proceeds to Construct and Equip the Windsor Middle School Project K. June 20, 2013 Regular Meeting Minutes Supervisor Alphin moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Darden reported on the progress on the Route 460 project. County Attorney Popovich reported that the Southeastern Public Service Authority has received an unqualified opinion on its financial audit. 0) He further reported that as a result of revisions to DEQ regulations, it appears that there will be a $5 million reduction in the post closure fund which can be reallocated for other purposes. TRANSPORTATION MATTERS No matters were offered for discussion by the Board. CITIZENS COMMENTS Bruce Powell addressed the Board regarding the Benn's Grant intersection. BOARD COMMENTS The Board offered no comments. COUNTY ATTORNEY'S REPORT County Attorney Popovich provided a brief overview of the proposed revisions to the Board's By -Laws and Rules of Procedure. Supervisor Darden requested a list of committees /boards /commissions that receive monetary compensation from the County. County Attorney Popovich advised that the Attorney General's Office has opined that a locality may increase or decrease the number of election districts outside of the ten (10) year census cycle. County Attorney Popovich presented a request for the sale of property from the County to Hope Presbyterian Church. Supervisor Casteen moved that the County Attorney's office be authorized to advertise a public hearing to effectuate the sale of public property in accordance with the terms of the Option Agreement. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT Brandy B Day, Director of Human Resources, reviewed the Hybrid Employees Sick Leave Policy amendment changes resulting from the State's creation of a VRS hybrid Employees Sick Leave pool program with the Board. Supervisor Darden moved that the revisions to the County's Sick Leave policies be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 3 County Administrator Seward presented a request to purchase County property located at 6221 Carrsville Highway and relayed staff's recommendation that the Board authorize an assessment of the 19 acres of wooded land and that the property be advertised for sale with Divaris Real Estate, Inc. Supervisor Casteen moved that the Board authorize an assessment of the 19 acres of wooded land on the property and advertise the property for sale with Divaris Real Estate, Inc., the County's current real estate brokerage firm. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. APPOINTMENTS Supervisor Casteen moved that Anne F. Seward be reappointed to the Southeastern Public Service Authority. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Mark C. Popovich be reappointed to the Southeastern Public Service Authority. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H Chairman Hall declared a break and the Board returned to open meeting at 7:00 p.m. PUBLIC HEARINGS Chairman Hall called for a public hearing on the following: A. The application of Larry Lewis Gray and Margette H. Gray to rezone to Suburban Residential to create a total of two (2) single family residential lots, one (1) for each of the existing single family residences located on the parcel. County Attorney Popovich certified that the application had been properly advertised for public hearing. Sandy Whitley represented the application. Chairman Hall called for citizens to speak in favor of or in opposition to the application. Larry Gray, the applicant, requested the Board's approval. 4 Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the application of Larry Lewis Gray and Margette H. Gray be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall called for a public hearing on the following: B. The application of Westmoreland Development Company, applicant and St. Luke's Village, LLC, owner to amend the proffered conditions and master plan for the St. Luke's Village Maxed use development located on Brewer's Neck Boulevard in the Windsor Election District. County Attorney Popovich verified that the application had been properly advertised. He added that although the property was initially identified as being located in the Newport District, doing so did not render the advertisement defective. Matthew J. Smolnik, Assistant Director of Planning and Zoning, reviewed the history of the application with the Board. Chairman Hall called for citizens to speak in favor of or in opposition to the application. Lewis MacMurn, the applicant who resides at 15188 Kennel Lane in Carrollton, requested the Board's approval of the application. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Bailey moved that staff be directed to return at the Board's regular meeting in January 2014 with the costs for storm water management practices on the St. Lukes property under both current and new regulations. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall 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 Chapter 1, General Provisions Chairman Hall called for citizens to speak in favor of or in opposition to the application. 5 No one appeared and spoke. Chairman Hall 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 1. GENERAL PROVISIONS. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it necessary to update its current ordinances in order to more clearly set forth local ordinances for the benefit of the public, to correct inaccuracies and to clarify any inadvertently omitted provisions; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 1. General Provisions. of the Isle of Wight County Code be amended and reenacted as follows: CHAPTER 1. GENERAL PROVISIONS. Sec. 1 -1. How Code designated and cited. The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the County of Isle of Wight, Virginia" and may be so cited. These ordinances may also be cited as "The Isle of Wight County Code." For state law as to authority of board of supervisors to codify all of its ordinances in permanent, loose -leaf fo rn, see Code of Va., § 15.2 -1433. As to admissibility of Code in evidence, see Code of Va. §§ 8.01 -386, 15.2 -1433. Sec. 1 -2. Definitions and rules of construction. In the interpretation and construction of this Code and of all ordinances of the county, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the board of supervisors or the context clearly requires otherwise: Board of supervisors.Mhenever the term "board of supervisors" is used, it shall be construed to mean the board of supervisors of the County of Isle of Wight. Commonwealth; state. \The words "the commonwealth," "this commonwealth," "the state" or "this state" shall mean the Commonwealth of Virginia. Computation of time. \The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded. For state law as t , computation of time within the meaning of state statutes, see Code of Va. § 1 -210. County. \The words "the county" or "this county" shall mean the County of Isle of Wight in the Commonwealth of Virginia. Following. \The word "following," when used by way of reference to any section or sections in the Code, shall be construed to mean next following that in which such reference is made. Gender.\A word importing the masculine gender only may extend and be applied to females and to corporations as well as to males. For similar state aw definition, see Code of Va., §§ 1 -216, 2.2 -3901. Health officer- county health officer; health director. \The terms "health officer," "county health officer" and "health director" shall mean the public health officer of the county or representative of the state board of health serving th.s county. Month. \Unless otherwise expressed, the word "month" shall be construed to mean a calendar month. For similar state law definition, see Code of Va., § 1 -223. Number.\A word importing the singular number only may extend and be applied to several persons or things, as well as to one person or thing; and a word importing the plural number only may extend and be applied to one person or thing, as well as to several persons or things. For similar state law definition, see Code of Va., § 1 -227. Oath. \The word "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath. For similar state law definition, see Code of Va., § 1 -228. Occupant. \The word "occupant," applied to a building or land, shall mean any person who holds a written or oral lease of or actually occupies the whole or a part of such building or land, either alone or with others. Official time standard. \ Whenever particular hours are specified in this Code relating to the time within which any act shall or shall not be performed by any person, the time applicable shall be official standard time or Daylight Saving Time, whichever may be in current use in the county. Or; and.\ "Or" may be read as "and," and "and" may be read as "or," if the sense so requires. Owner. \The word "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such property. Person. \The word "person" shall include a firm, partnership, association of persons, corporation, body politic, organization or any other group acting as a unit, as well as an individual. For state law definition of "person" as used in statutes, see Code of Va., § 1 -230 Police officer \The term "police officer" shall include the sheriff and his deputies, state police officers, United States marshals and their deputies, and all other law enforcement officers having authority to make arrests, but shall not include private citizens who may make arrests under the common law for felonies and breaches of the peace committed in their presence. Preceding. \The word "preceding," when used by way of reference to any section or sections in this Code, shall be construed to mean next preceding that in which such reference is made. For similar state law definition, see Code of Va., § 1- 13.235. Property. \The word "property" shall mean real, personal or mixed property. Public grounds. \The words "public grounds" shall mean the parks and all public lands owned by the county, and those parts of public places which do not form travelled parts of streets as defined in this section. Road; highway. \The words "road" and "highway" shall have the same meaning as the word "street" as such word is defined in this section. Shall. \The word "shall" shall be mandatory. Sidewalk. \The word "sidewalk" shall mean any portion of a street between the curb line, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians. State. \See "commonwealth." Street. \The word "street" shall include avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares in the county, and shall mean the entire width thereof between abutting property lines. Swear; swomAThe word "swear" or "sworn" shall be equivalent to the word "affirm" or "affirmed" in all cases in which by law an affirmation may be substituted for an oath. For similar state law definition, see Code of Va., § 1 -250 Treasurer. \The treasurer of the county or other officer designated by law to collect taxes in the county. Written; in writing. \The words "written" and "in writing" shall include typewriting, printing on paper and any other mode of representing words, letters and figures. Year. \The word "year" shall mean a calendar year. 7 All words, terms, etc., not defined in this section or elsewhere in this Code shall be construed as provided in the Code of Virginia. For rules of cons -uction of state statutes, see Code of Va., § 1 -202. Sec. 1 -3. Catchlines of sections. The catchlines of the sections of this Code are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted. For similar state iw as to headlines of sections of the Code of Virginia, see Code of Va., § 1- 217. Sec. 1-4. Provisions considered as continuations of existing ordinances. The provisions appearing in this Code, so far as they are substantially the same in substance as those of the ordinances included herein shall be considered as continuations thereof and not as new enactments. Sec. 1 -5. Repeal not to revive former ordinances. When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect. For similar state ; {w applicable to statutes, see Code of Va., § 1 -248. Sec. 1 -6. Severability of parts of Code. If any part, section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional or invalid by the valid judgment of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining parts, sections, subsections, sentences, clauses or phrases of this Code. Sec. 1 -7. General penalty. (a) Wherever in this Code or in any ordinance or resolution of the county, or in any rule, regulation, notice or order promulgated by any officer or agency of the county under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure, neglect or refusal to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation, notice or order shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than thirty days in jail, or by both such fine and imprisonment. (b) Any person failing to pay, pursuant to any provision of this Code or other ordinance of the county, any account on or before its due date, other than taxes which are provided for in Title 58.1 of the Code of Virginia, shall incur a penalty thereon of ten percent which shall be added to the amount of the account due from such person. No penalty shall be imposed for failure to pay any account if such failure was not in any way the fault of the debtor. Interest at the rate of ten percent annually from the first day following the day such account is due shall be collected upon the principal and penalty of all such accounts. (Ord. No. 2011 -3 -C, 3- 3 -11.) For state law as to authority of board of supervisors to prescribe fines and imprisonment in county jail for violation of ordinances, see Code of Va., § 15.2 -1429. As to when summons is to be issued in place of warrant for misdemeanors, see Code of Va., § 19.2 -74. As to penalties and interest on delinquent accounts due, see Code of Va., § 15.2 -105. Sec. 1 -7.1. Court costs. Any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the district court or circuit court of Isle of Wight County shall be assessed a sum of five dollars as part of the costs in each court in each case. Effective July 1, 2007, any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the district court or circuit court of Isle of Wight County shall be assessed a sum of ten dollars as part of the costs in each court in which a defendant is convicted of a violation in each case. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the Isle of Wight County Treasurer and held by the treasurer subject to appropriation by the governing body to the sheriffs office for the funding of courthouse security personnel. (5- 16 -02; 5- 24 -07; 10- 15 -09.) For state law as to authority of the board of supervisors to prescribe a fee for courthouse security personnel, see Code of Va., § 53.1 -120. Sec. 1 -7.2. Processing fee. There is hereby imposed a processing fee of twenty-five dollars on any individual admitted to a county or regional jail following conviction to be assessed as part of the court costs. The fees shall be collected by the clerk of the court in which the case is heard, remitted to the county treasurer and held by the treasurer subject to appropriation by the governing body to the sheriffs office to defray the costs of processing arrested persons into local or regional jails. (7- 9 -02.) Sec. 1 -7.3. Assessment for courthouse construction and renovation. Any person filing a civil action in the district court or circuit court of Isle of Wight County and any person charged with a violation of a criminal or traffic statute or ordinance in the district court or circuit court of Isle of Wight County shall be assessed a fee of three dollars as part of the costs in each court in each case. Such fee shall not be assessed in any civil action if the amount in controversy is five hundred dollars or less. This fee assessment shall be collected by the clerk of the court in which the action is filed, remitted to the Isle of Wight County Treasurer and held by the treasurer subject to appropriation by the governing body solely for the construction, reconstruction, renovation of, or adaptive reuse of a structure for a courthouse. (10- 15 -09.) For state law as t ) authority of the Board of Supervisors to prescribe a fee for courthouse construction and renovation, see Code of Va., § 17.1- 281(C). Sec. 1 -8. Continuing violations. Each day any violation of this Code or any ordinance, resolution, rule, regulation, notice or order shall continue shall constitute a separate offense except as otherwise provided. Sec. 1 -9. Court and trial. The trial of any and all violations of this Code shall be upon a warrant or summons before the county court in the manner and with like right of appeal as is provided in misdemeanor cases. Sec. 1 -10. Disposition of revenue from fines. All fines collected for violations of this Code shall be paid to the county treasurer and by him credited to and deposited in the general fund of the county. Sec. 1 -11. Acceptance of real property. The Isle of Wight County Attorney is hereby vested with the authority to accept, on behalf of the Isle of Wight County Board of Supervisors, such real property as may be conveyed to Isle of Wight County. (12-18-08.) The motion was adopted by a vote of (5-0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall 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 Chapter 2, Administration 9 Chairman Hall called for citizens to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Hall 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 2. ADMINISTRATION. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it necessary to update its current ordinances in order to more clearly set forth local ordinances for the benefit of the public, to correct inaccuracies and to clarify any inadvertently omitted provisions; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 2. Administration. of the Isle of Wight County Code be amended and reenacted as follows: CHAPTER 2. ADMINISTRATION. For state law as to administration of counties, see Code of Va., §§ 15.2 -1426 and 15.2 -1427; As to county officers, see Code of Va., § 15.2 -1522 et seq.; As to building inspection department, see § 4 -1. As to building inspector generally, see § 4 -1. As to elections generally, see ch. 5. As to taxation generally, see ch. 15. As to board of zoning appeals, see Appx. B, Art. I, § 1 -1019. As to powers and duties of zoning administrator, see Appx. B, § 1 -1011. Article I. In General. Sec. 2 -1. County Administrator. The Board of Supervisors hereby creates the Office of County Administrator, which shall be filled by appointment by the Board of Supervisors under the provisions of Section 15.2 -406 of the Code of Virginia (1950, as amended). The County Administrator shall be vested with all those powers, duties and responsibilities as set forth in Section 15.2 -407 of the Code of Virginia (1950, as amended) and such other powers, duties and responsibilities as the Board of Supervisors may assign from time to time. 10 Sec. 2 -2. Bonds of constitutional officers. All constitutional officers of the county who are required to give bond shall, at the time he or she qualifies, give such bond as required in accordance with Section 15.2 -1527 of the Code of Virginia (1950, as amended). For state law as t � payment by county of premiums on bonds with corporate surety, see Code of Va., § 15 ; -1527. Sec. 2 -3. Compensation of county officers, employees and agents; disposition of fees. (a) The Chairman and members of the Board of Supervisors and all other officers, employees and agents of the county shall receive as compensation for their services such sums as may be appropriated therefor in the annual budget or in other ordinances from time to time; provided, that persons serving under contract with the county shall receive such compensation as may be provided in their respective contracts; and provided further, that any person whose compensation is fixed by state law or by a body other than the Board of Supervisors pursuant to state law shall receive such compensation as fixed by state law or pursuant to state law. (b) Except as may be specifically provided otherwise by state law, this Code or other ordinances, all fees paid to county officers and employees for services rendered or documents furnished shall belong to the county and shall be paid into the county treasury by the recipients thereof not less frequently than once each week. For state law as t compensation of county supervisors, see Code of Va., § 15.2- 1414.1 et seq Sec. 2 -4. Protection of records and other papers. (a) No book, record, document or paper belonging to the county or any department, office, board, commission or other agency of the county shall be removed from the office of the custodian thereof without his permission, and then only upon the giving of a receipt therefor, except as may be provided otherwise by law in any case, or except upon order of the Board of Supervisors or its Chairman, or in compliance with a valid subpoena duces tecum issued by a court or officer having jurisdiction in the premises. (b) No person shall, without proper authority, destroy, tamper with, deface or otherwise damage or alter any book, record, document or paper belonging to the county or any department, office, board, commission or other agency of the county, or fail to return any such item of property to its proper custodian after having taken it from its place of custody as authorized in subsection (a) of this section. Sec. 2 -5. Property and property insurance inventories. (a) The County Administrator shall maintain on file in his office an inventory of all real property owned by or leased to the county. This inventory shall be maintained in current status, and during January of each year shall be revised, as may be appropriate, to show changes in value due to depreciation or to repairs, renovations, etc. For each building or lot such inventory shall also show: (1) A brief description, (2) A reference to the deed, devise, lease or other instrument whereby the county acquired Title to or the use thereof, (3) The department, office or agency charged with custody, (4) The purpose or use, (5) The insurance of all types thereon, together with notes as to premiums payable and anniversary dates, and (6) For property owned by the county and leased to other persons, copies of such leases and appropriate notes as to the revenues derived therefrom. (b) Each county officer having custody of items of nonexpendable personal property of value greater than twenty-five dollars ($25.00) owned by or leased to the county shall, during January of each year, prepare in duplicate an itemized inventory of such property, showing for each item: (1) Its value and a brief description, together with identification (by serial number, where applicable), (2) A reference to the instrument, if any, whereby title of use was acquired, (3) The department, office or agency having custody, (4) The purpose or use, and (5) The insurance of all types, if any, together with notes as to premiums payable and anniversary dates. 11 The original copy of each such inventory shall be filed in the Office of the County Administrator before February 1 of each year, and the duplicate copy shall be retained on file in the office of the person who prepared it. Sec. 2 -6. Use of county -owned personal property for private purposes. (a) Trucks, machinery and other items of personal property owned by the county shall not be loaned or leased to any person; provided, that the Board of Supervisors may by resolution provide rules and regulations whereby the County Administrator may authorize specified items of county-owned personal property to be used for private purposes when such use would not interfere with or delay any county work or project, upon the payment of specified charges, and subject to such terms and conditions as may be stipulated by the County Administrator. If and when any such resolution is in effect, the provisions thereof and the provisions of this subsection shall be deemed to be incorporated in and made a part of any authorization made thereunder by the County Administrator, and all persons for whose benefit any county-owned personal property is used shall be bound thereby and shall likewise be bound by the stipulations of the County Administrator. (b) This section shall not be construed so as to limit the authority of the board of supervisors to authorize the use of county-owned personal property by municipalities or agencies of the commonwealth or other political subdivisions under mutually agreed upon terms and conditions. Sec. 2 -7. Disclosure of personal interests. (a) In addition to those government officers and employees required to file annual disclosure statements of their personal interests and interests in real estate as specified in Section 2.2 -3115 of the Code of Virginia (1950, as amended), that the following persons occupying positions of trust appointed by the Board of Supervisors of said county are hereby required as a condition to assuming office or employment to file a disclosure statement of their personal interests and other information as is specified on the form set forth in Section 2.2 -3117 of the Code of Virginia (1950, as amended) and thereafter shall file such a statement annually on or before January 15. (b) In addition to any disclosure required by Section 2.2 -3115 of the Code of Virginia (1950, as amended), said persons as hereinafter designated, shall file annual disclosures of all of their interests in real estate located in the county of Isle of Wight. Such disclosure shall include any business in which such persons own an interest or from which income is received, if the primary purpose of the business is to own, develop or derive compensation through the sale, exchange or development of real estate in the county or town thereof. Such disclosure shall be filed as a condition to assuming office or employment and thereafter shall be filed annually with the clerk of the governing body of the county of Isle of Wight on or before January 15. Such disclosure shall be filed and maintained as public records for five years. Forms for the filing of such reports shall be distributed by the County Administrator to each of the persons so designated to declare his interests. (c) Additionally, an officer or employee of local government who is required by this section to declare his interests shall declare his interests by stating (1) the transaction involved, (2) the nature of the office or employee's personal interest affected by the transaction, (3) that he is a member of the business, profession, occupation or group the members of which are affected by the transaction, and (4) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall make his declaration orally to be recorded in the written minutes of his agency or file a signed written declaration with the clerk of the Board of Supervisors who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. (d) The persons holding positions of trust appointed by the Board of Supervisors of Isle of Wight who are required to file the statements of personal interests and interests in real estate and other information by this section, are the members of the Board of Supervisors, Planning Commission, Board of Zoning Appeals, Industrial Development Authority, real estate assessors, Board of Equalization, Board of Assessors, Sheriff, Commissioner of the Revenue, Treasurer, Circuit Court Clerk, Commonwealth's Attorney, County Administrator and County Attorney. (e) The ordinance codified in this section shall take effect January 1, 2001, provided, that it will not be effective for planning commission members, board of zoning appeals members, and industrial development authority members, presently serving in those positions until the end of their current terms. (10- 19 -00; 1- 17 -08.) For state law as t authority of the County to require such disclosure, see Code of Va., §§ 2.2- 3115 and 2 '_ 3116. Article II. Board of Supervisors. For state law a to county boards of supervisors generally, see Code of Va., § 15.2 -1400 et seq. As to !doption of ordinances, see Code of Va., §§ 15.2 -1426 and 15.2 -1427; As to 12 Virginia Fret_,dom of Information Act, see Code of Va., § 2.2- 3700et seq.; As to provisions for one supervisor per election district, see § 5 -9 of this Code. Sec. 2 -8. Regular meetings. The regular meetings of the Board of Supervisors will be held on the third Thursday of each month, beginning at 5:00 P.M., in the Robert C. Claud, Sr. Board Room, unless otherwise set by the Board of Supervisors. For state law as to regular meetings of board of supervisors, see Code of Va., § 15.2 -1416. As to special meetings, and quorum for all meetings, see Code of Va., §§ 15.2 -1417 and 15.2- 1418. Sec. 2 -9. Agenda for regular and adjourned meetings. The County Administrator shall prepare and make available to each member of the Board of Supervisors a detailed agenda at least one day prior to each regular or adjourned meeting of the board; and no such agenda shall be departed from at the meeting to which it relates except by majority vote of the supervisors present at the meeting. Sec. 2 -10. Rules. The Board of Supervisors may promulgate rules: (a) Governing the conduct of its members with respect to their official duties and transactions and with respect to the ethics of office, and imposing penalties for the violation thereof; (b) Providing for the attendance at its meetings of the sheriff of the county or, at his option, one of his deputies, to preserve order and to discharge such other duties as may be necessary for the dispatch of such business as may be before this board; (c) Providing for the attendance at its meetings of such other county officers and employees as may be helpful to the board by providing information, opinions and advice; (d) Providing for the order of business and parliamentary procedure at its meetings; (e) Providing for the appointment, powers and duties of standing and special committees; (f) Providing for executive sessions of the board; but no ordinance or resolution shall be offered and no final vote, decision or action shall be taken on any question or subject during an executive session; (g) Providing for the compulsory attendance of witnesses and the production of books and papers before the board or any of its committees; and (h) For such other purposes not contrary to state law, this Code or other ordinance as may be within the power of the Board of Supervisors to regulate for the conduct of its business. For state law as to executive sessions, see Code of Va., § 2.2 -3711. Sec. 2 -11. When persons present at meetings may address board; action on matters raised by nonmembers at meetings. Any orderly person present at a meeting of the Board of Supervisors may, upon recognition by the presiding officer, request permission to address the board; and the presiding officer may grant such request if he considers it to be in the public interest so to do, and he shall grant such request upon demand of any two supervisors. When, as the result of such an address to the board it appears that a subject should be considered by the board at a subsequent meeting, the County Administrator shall place such matter on the agenda for the next regular meeting of the Board of Supervisors. Article III. Industrial Development Authority. For state law as to authority of county to create industrial development authority, see Code of Va., § 15.2 -4903. As to powers of industrial development authority, see Code of Va., § 15.2 -4905. Sec. 2 -12. Political subdivision — Created. There is hereby created a political subdivision of the commonwealth with such public and corporate powers as are set forth in the Industrial Development and Revenue Bond Act (Chapter 49, Title 15.2, §§ 13 15.2 -4900 et seq.), including such powers as may hereafter be set forth from time to time in such Act. (12- 5-68, § 1.) Sec. 2 -13. Same —Name. The name of the political subdivision of the commonwealth created by this article shall be the "Industrial Development Authority of the County of Isle of Wight." (12 -5 -68, § 2.) Article V. Community Development Authorities. For state law as to authority of county to consider the creation of community development authorities, see Code of Va., § 15.2 -5152. Sec. 2 -14. Generally. (a) The County hereby elects to assume the power to consider petitions for the creation of community development authorities in accordance with the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2. Code of Virginia (1950, as amended). (4- 19 -07.) Article VI. False Alarms. For state law as to authority of the County to regulate alarm systems, see Code of Va., §§ 15.2- 911. Sec. 2 -15. Purpose. The purpose of this article is to minimize unnecessary use of the county's emergency services by reducing the number of false alarms and regulating the installation and maintenance of alarm systems. (10- 18 -07.) Sec. 2 -16. Definitions. The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them herein, except where the context clearly indicates a different meaning: Alarm system \means any device or system that transmits a signal that indicates a hazard or occurrence requiring an emergency response. The term "alarm system" shall not include a personal, direct telephonic call requesting emergency services. Alarm user and user \mean the occupant of premises protected by an alarm system. Answering service \means a telephone answering service that receives emergency signals from alarm systems and informs the County emergency communications center. Automatic dialing service \means a device interconnected to a telephone line and programmed to indicate a need for emergency response. Chief\means any one of the volunteer fire department fire chiefs or their designee. False alarm \means any alarm signal received by the county emergency communications center which is not in response to an actual or possible emergency. False alarms include negligently activated signals, signals due to faulty, malfunctioning or improperly installed or maintained equipment, and signals purposely activated to summon fire, rescue and /or law enforcement personnel in non - emergency situations. False alarms do not include signals activated by unusually severe weather conditions, utility conditions or other causes which the chief or the Sheriff determines were beyond the user's control. Indirect alarm transmittal\ means any alarm system which causes a third party or answering service to notify the county emergency communications center of an alarm activation. Installer\ means any person who installs, services, monitors, sells or leases any alarm system. Interconnect\ means to connect an alarm system to a voice -grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, to transmit an emergency message upon the activation of the alarm system. Negligently activated signals\ means signals transmitted due to carelessness or negligence in installation, maintenance or operation of an alarm system. Non - emergency situations\ means situations where an immediate response by fire personnel is not necessary to protect life or property. Sheriff\ means the Isle of Wight County Sheriff or his designee. (10- 18 -07.) 14 Sec. 2 -17. Penalty. Violations of Sections 2 -18, 2 -19 and 2 -20 shall be punishable as a Class 1 misdemeanor. (10 -18- 07.) Sec. 2 -18. User data form. Upon installing an alarm system, all users shall submit a county data form to the county emergency communications center with the following information: name and location of the alarmed premises; type of alarmed premises (residential or commercial); normal operating hours, if commercial; individuals designated by the user to respond when notified; manufacturer, model and type of alarm system; name, address and telephone number of the service company; zone of alarm, if applicable; and other applicable information. This requirement shall not be applicable to single -unit heat and smoke detectors four or less in number. (10- 18 -07.) Sec. 2 -19. Training of persons using system; maintenance of system. It shall be the responsibility of alarm system users to provide training to employees, tenants or other persons about activation of the alarm system in emergency situations and about proper operation of the alarm system, including setting, activating and resetting the alarm. All instructions about alarm systems and procedures shall be in writing and shall be available for inspection by the appropriate county employees or agents. The user shall also be responsible for maintaining the alarm system in proper working order. (10- 18 -07.) Sec. 2 -20. Automatic dialing devices. It shall be unlawful for any person to install, sell, lease, use or cause or allow to be installed, sold, leased or used, within the county, automatic dialing devices or systems which are set or programmed to directly contact the county emergency communications center without the prior approval of the sheriff. (10- 18 -07. ) Sec. 2 -21. Deliberate false alarms. It shall be unlawful for any person to knowingly activate or cause to be activated an alarm system in a non - emergency situation without just case. This shall not prohibit periodic testing of direct transmittal systems when the county emergency communications center has been notified in advance. (10- 18 -07.) Sec. 2 -22. Service fee for false alarms. (a) Response by fire and /or rescue personnel. ..... Fees in the following amount shall be assessed against commercial alarm system users for false alarms resulting in response by fire and /or rescue personnel and occurring during any period of one hundred eighty successive days, and against residential alarm system users during any period of ninety successive days. Alarm system users shall pay such service fee for false alarms within thirty days of billing. (1) First false alarm .....No charge (2) Second false alarm .....No charge (3) Third false alarm .....$100.00 (4) Fourth false alarm .....$250.00 (5) Fifth and subsequent false alarms .....$500.00 (b) Response by sheriffs office personnel...... Fees in the following amounts shall be assessed against commercial alarm system users for false alarms resulting in response by sheriffs office personnel and occurring during any period of one hundred eighty successive days, and against residential alarm system users during any period of ninety successive days. Alarm system users shall pay such service fee for false alarms within thirty days of billing. (1) First false alarm .....No charge (2) Second false alarm .....No charge (3) Third false alarm .....$50.00 (4) Fourth false alarm .....$75.00 (5) Fifth and subsequent false alarms .....$150.00 (c) Exceptions...... Service fees shall not be charged for false alarms from alarm systems in premises owned, leased, occupied or under the control of the United States, the Commonwealth of Virginia, political subdivisions of the Commonwealth of Virginia, or any of their officers, agents or employees 15 while they are acting or are employed in their official capacity. However, all other requirements of this article shall apply to such systems. (d) Billing; interest on unpaid charges...... The chief and the sheriff shall notify the county emergency communications center of each false alarm to which they respond and such information shall be retained and maintained by the county emergency communications center. At the end of each month, the emergency communications manager shall notify the Isle of Wight County Treasurer of service fee assessments for false alarms. The emergency communications manager shall provide the name of the alarm system user, the address of the false alarm, and the amount due for the false alarm. The Isle of Wight County Treasurer shall bill the user and notify the emergency communications manager when any account is more than thirty days in arrears. Any account more than thirty days in arrears shall be subject to interest at the legal rate provided by the Code of Virginia, commencing when the account is more than thirty days in arrears. (10- 18 -07.) Article VII. Auxiliary Deputy Sheriff Force. Sec. 2 -23. Establishment. Pursuant to the authority granted under Section 15.2 -1731 of the Code of Virginia (1950, as amended), the Isle of Wight County Sheriff is hereby authorized to establish, equip, maintain and develop operating procedures for an auxiliary deputy sheriff force. (Ord. No. 2010 -3 -C, 3- 24 -10.) Sec. 2 -24. Enforcement authority. The members of the auxiliary deputy sheriff force shall meet the law enforcement officer training requirements established by the Department of Criminal Justice Services, pursuant to Section 9.1 -102 of the Code of Virginia (1950, as amended), and shall have the powers and authority and all the immunities of full -time law enforcement officers. (Ord. No. 2010 -3 -C, 3- 24 -10.) Sec. 2 -25. Appointment authority. The Isle of Wight County Sheriff shall have the authority to appoint, as an auxiliary deputy, no more than seventeen persons of good character as auxiliary deputy sheriffs and their appointment shall be revocable at any time by the sheriff. (Ord. No. 2010 -3 -C, 3- 24 -10.) Sec. 2 -26. Operational authority. The Isle of Wight County Sheriff shall have the authority to make such appropriations as may be necessary to arm, equip, uniform and maintain such auxiliary deputy force and shall have the authority to prescribe the uniform, organization, and such rules as he deems necessary for the operation of the auxiliary deputy sheriff force. (Ord. No. 2010 -3 -C, 3- 24 -10.) Sec. 2 -27. Eligibility requirements. Members of the auxiliary deputy sheriff force must meet all requirements established by the sheriff and the Code of Virginia. Applicants for auxiliary deputy positions must not be employed in any position that would constitute a conflict of interest, as determined by the sheriff and the Code of Virginia. (Ord. No. 2010 -3 -C, 3 -24 -10.1 Sec. 2 -28. When auxiliary deputy sheriffs may be called into service. The Isle of Wight County Sheriff shall have the authority to call into service, members of the auxiliary deputy sheriff force as may be deemed necessary: (a) In times of public emergency, (b) At such times as there are insufficient numbers of regular deputy sheriffs to preserve the peace, safety and good order of the community, and (c) At any time for the purpose of training such auxiliary deputy sheriffs. (Ord. No. 2010 -3 -C, 3 -24- 10.) Sec. 2 -29. Jurisdictional limitations. The members of the auxiliary deputy sheriff force shall not be required to act beyond the limits of the jurisdiction of Isle of Wight County except when called upon by the sheriff to protect any public property 16 belonging to Isle of Wight County which may be located beyond its boundaries or as provided for in Section 15.2 -1736 of the Code of Virginia (1950, as amended). (Ord. No. 2010 -3 -C, 3- 24 -10.) Sec. 2 -30. Compensation. The members of the auxiliary deputy sheriff force shall serve without compensation but shall be eligible to tax exemptions as may be set forth in the Isle of Wight County Code. (Ord. No. 2010 -3 -C, 3 -24- 10.) The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall called for a public hearing on the following: E. Lease of Public Property for Farming Purposes Chairman Hall called for citizens to speak in favor of or in opposition to the lease. County Attorney Popovich certified that the matter was properly advertised. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Darden moved that the Chairman be authorized to execute the lease as presented on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall called for a public hearing on the following: F. Leasing of Public Property Chairman Hall called for citizens to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the Chairman be authorized to execute the lease as presented on behalf of the Board with Marvin Smith. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. %I 17 Supervisor Alphin moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. OLD BUSINESS Benns Church Intersection Improvement Project Mr. Haltom provided a history of the Benns Church intersection improvement project and a status update on the VDOT revenue sharing project, which included three (3) options recommended by staff. Supervisor Darden moved that Option "A" be approved; that the County Administrator be authorized to transfer capital funds in the amount of $1,454,900; and, that the Chairman be authorized to execute the financing contract with the Benn's Grant developers. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS There was no new business offered for discussion by the Board. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to the development of the ballfield off of Great Springs Road; pursuant to Section 2.2- 3711.A.1 regarding a personnel matter involving internal equity issues; and, pursuant to Section 2.2- 3711.A.5 regarding discussion involving an existing business where no previous announcement has been made of the interest in the business expanding its facility in the community. Supervisor Bailey moved that the Board enter the closed meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the Board return to open 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. Supervisor Alphin moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING V. 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- 3712.1) 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. VOTF. AYES: Bailee, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 11 At 9:40 p.m., Chairman Hall declared the meeting adjourned. Carey Mills �—torm, elerk i i J 19 Byron B. Bailey, Chairman