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07-17-2017 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE SEVENTEENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND SEVENTEEN PRESENT: Rex W. Alphin, Chairman, Carrsville District William M. McCarty, Vice -Chairman, Newport District Rudolph Jefferson, Hardy District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman Alphin called the regular meeting of the Board to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA/AMENDMENTS Upon motion of Supervisor McCarty, all those present voting in favor, the agenda was approved (5-0) as amended with the addition of discussion under New Business regarding the feasibility and cost associated with video-taping and live - streaming the Planning Commission's meetings. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities. Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Popovich. Upon motion of Supervisor Jefferson, all those present voting in favor (5-0), the Board reconvened into open meeting. Upon motion of Supervisor Jefferson, the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date 1 pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Alphin, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Supervisor Acree delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Herb DeGroft encouraged the Board to contact the State about its interest in purchasing the Blackwater Nature Reserve at a price paid for by the County and that the money from this sale be used to reduce the County's debt service. Albert Burckard thanked the Board for restoring the former hours of operation of the County's convenience centers. Lynn Faulkner informed the Board that she had distributed 250 surveys associated with the rewrite of the Comprehensive Plan to area residents. She noted the importance of County residents being apprised about how revisions to the Plan will impact them. An expression of appreciation was offered to Ms. Faulkner for her efforts in informing citizens of potential impacts to them associated with the revision to the Comprehensive Plan. It was acknowledged that 400 surveys have been received by staff and that it was disappointing to learn that more residents had not participated in the survey. It was recognized that it is incumbent upon the Board to educate citizens and solicit their attendance and input at meetings to be held on that issue. 2 CONSENTAGENDA Upon motion of Supervisor McCarty, all those present voting in favor, the following Consent Agenda was approved as presented: A. Resolution to Accept and Appropriate Byrne Justice Assistance Grant Funds ($1.,978) B. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for Repairs to Sheriff's Department Vehicles and Technology Services Equipment ($2,944) C. Minutes of April 24, 2017 Work Session; May 4, 2017 Work Session; May 11, 2017 Special Meeting; and, May 18, 2017 Regular Meeting REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Acree spoke to the importance of keeping citizens apprised on County business matters. He noted that networking results in a healthier community. APPOINTMENTS On motion of Supervisor McCarty, all those present voting in favor (5-0), Don Robertson was reappointed to serve on the Chamber of Commerce. On motion of Chairman Alphin, all those present voting in favor (5-0), Ben Vaughan was appointed to serve on the Paul D. Camp Community College Board. PUBLIC HEARINGS A. Resolution to Amend the FY2017-18 Operating and Capital Budgets County Administrator Keaton represented a request to amend the FY2017-18 Capital Budget and appropriate $2,057,300 for future capital project needs from the General Fund Assigned Fund Balance. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke and the public hearing was closed. Upon motion of Supervisor Grice, all those present voting in favor (5-0), the following Resolution was adopted: RESOLUTION TO AMEND THE FY 2017-18 OPERATING AND CAPITAL BUDGETS WHEREAS, the General Fund Assigned Fund Balance includes two million fifty- seven thousand three hundred dollars ($2,057,300) that was set aside on June 30, 2017 to fund future capital projects; and, 3 WHEREAS, anticipated machinery and tools tax revenues in the amount of $5,149,571 need to be appropriated to the General Fund Non -Departmental Reserves - Fund Balance to reimburse the County's Unassigned Fund Balance for machinery and tools tax refunds provided in FY2016-17 and $1,164,274 needs to be appropriated to provide Economic Development Incentive Grants; and, WHEREAS, revenues and expenditures in the amount of $46,600 need to be added to the FY2017-18 General Fund for the Smithfield Farmers Market. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that two million fifty-seven thousand three hundred dollars ($2,057,300) be transferred from the General Fund to the Capital Project Fund and amend the FY2017-18 Capital Budget by the same amount. BE IT FURTHER RESOLVED that machinery and tools tax revenues in the amount of $5,149,571 be appropriated to the FY2017-18 General Fund Non -Departmental Reserves - Fund Balance. BE IT FURTHER RESOLVED that machinery and tools tax revenues in the amount of $1,164,274 be appropriated to the FY2017-18 General Fund Operating Budget to provide Economic Development Incentive Grants. BE IT FURTHER RESOLVED that revenues and expenditures in the amount of $46,600 be added to the FY2017-18 General Fund Operating Budget for the Smithfield Farmers Market. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. B. Lease Agreement/Carrsville Emergency Communications Tower Site County Administrator Keaton updated the Board on the process associated with this tower site and advised that construction of the site is anticipated to commence within 60 days of the approval of the lease agreement. The public hearing was opened and comments in favor or opposition were asked for. No one appeared and spoke. The public hearing was closed and comments from the Board were sought. Supervisor McCarty expressed concern with language contained in the lease entitling the landlord to forty percent of all revenues generated from the leasing of the tower space to the third -party users. Discussion ensued by the Board that the proposed site is an optimal site; that the annual rental of $5000 is reasonable; and, that forty percent is an industry standard and not unreasonably high. 51 Upon motion of Supervisor Acree, all those present voting in favor except Supervisor McCarty (4-1), the lease agreement was approved and the Chairman was authorized to execute it on behalf of the Board. C. Ordinance to Allow for Real Property Tax Exemption for Surviving Spouses of Certain Individuals Killed in the Line of Duty County Attorney Popovich provided an overview of the Ordinance adopted by the General Assembly which allows a locality to exempt from paying real estate taxes surviving spouses of law enforcement officers, firefighters, search and rescue personnel and emergency medical services personnel killed in the line of duty, The public hearing was opened and comments solicited in favor or in opposition to the Ordinance. Ms. Falkner of Days Point Road encouraged the Board to impose some type of restriction, such as a time frame or remarriage. The public hearing was closed and Board comments sought. Noting the need for a job description for County volunteer fire fighters, Supervisor Acree requested that the Volunteer Fire and Rescue Association be requested to develop a job description for fire, emergency medical service personnel and other first responders. Upon motion of Supervisor Acree, all those present voting in favor (5-0), the following Ordinance was adopted and the Chairman was authorized to execute it on behalf of the Board: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15. TAXATION. ARTICLE II. REAL ESTATE TAXES. WHEREAS, the Virginia General Assembly has approved, and the Governor of the Commonwealth of Virginia as signed, legislation to include provisions in the Code of Virginia (1950, as amended) that allow localities to provide an exemption from real property taxes for the surviving spouses of certain persons killed in the line of duty; and WHEREAS, the Board of Supervisors for Isle of Wight County, Virginia hereby wishes to adopt such an exemption in accordance with such newly enacted legislation as means to show its thanks and support to those who risk their lives to save and protect the citizens of Isle of Wight County by providing for such an exemption to their surviving spouses; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 15, Taxation, Article 11, Real Estate Taxes be amended and reenacted by including a new Section 15-7.3, Exemption for surviving spouses of certain persons killed in the line of duty as follows: Sec. 15-7.3. — Exemption for surviving spouses of certain persons killed in the line of duty _ (a) The purpose of this section is to provide an exemption from taxation for the qualifying real property of spouses of any law enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel who are killed in the line of duty. (b) As used in this section, the term "covered person" shall mean any person set forth in the definition of "deceased person" in Section 9.1-400 of the Code of Virginia (1950, as amended) whose beneficiary, as defined therein, is entitled to recover benefits under Section 9.1-402 of the Code of Virginia (1950, as amended), as determined by the Comptroller prior to July 1, 2017, or as determined by the Virginia Retirement System on and after July 1, 2017. (c) The exemption provided for in this section shall be provided as follows: (1) Pursuant to Article X, Section 6-13 of the Constitution of Virginia, for tax years beginning on or after January 1, 2017, the county exempts from taxation the real property described in subsection (2) of the surviving spouse of any covered person who occupies the real property as his principal place of residence. If the covered person's death occurred on or prior to January 1, 2017, and the surviving spouse has a principle residence on January 1, 2017, eligible for the exemption under this section, then the exemption for the surviving spouse shall begin on January 1, 2017. If the covered person's death occurs after January 1, 2017, and the surviving spouse has a principal residence eligible for the exemption under this section on the date that such covered person dies, then the exemption for the surviving spouse shall begin on the date that such covered person dies. If the surviving spouse acquires the property after January 1, 2017, then the exemption shall begin on the date of acquisition, and the previous owner may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to Section 58.1-3360 of the Code of Virginia (1950, as amended). The county shall not be liable for any interest on any refund due to the surviving spouse for taxes paid prior to the surviving spouse's filing of the affidavit or written statement required by Section 58.1-3219.15 of the Code of Virginia (1950, as amended). (2) Those dwellings in the county with assessed values in the most recently ended tax year that are not in excess of the average assessed value for such year of a dwelling situated on property that is zoned as single-family residential shall qualify for a total exemption from real property taxes under this article. If the value of a dwelling is in excess of the average assessed value as described in this subsection, then only that portion of the assessed value in excess of the average assessed value shall be subject to real property taxes, and the portion of the assessed value that is not in excess of the average assessed value shall be exempt from real property taxes. Single-family homes, condominiums, town homes, manufactured homes as defined in Section 46.2-100 of the Code of C1 Virginia whether or not the wheels and other equipment previously used for mobility have been removed, and other types of dwellings of surviving spouses, whether or not the land on which the single-family home, condominium, town home, manufactured home, or other type of dwelling of a surviving spouse is located is owned by someone other than the surviving spouse, that (i) meet this requirement and (ii) are occupied by such persons as their principal place of residence shall qualify for the real property tax exemption. If the land on which the single-family home, condominium, town home, manufactured home, or other type of dwelling is located is not owned by the surviving spouse, then the land is not exempt. For purposes of determining whether a dwelling, or a portion of its value, is exempt from county real property taxes, the average assessed value shall be such average for all dwellings located within the county that are situated on property zoned as single-family residential. (3) The surviving spouse shall qualify for the exemption so long as the surviving spouse does not remarry and continues to occupy the real property as his principal place of residence. The exemption applies without any restriction on the spouse's moving to a different principal place of residence. (4) The county shall provide for the exemption from real property taxes of (i) the qualifying dwelling, or that portion of the value of such dwelling and land that qualifies for the exemption pursuant to subsection (2), and (ii) with the exception of land not owned by the surviving spouse, the land, not exceeding one (1) acre, upon which it is situated. A real property improvement other than a dwelling, including the land upon which such improvement is situated, shall also be exempt from taxation so long as the principal use of the improvement is (a) to house or cover motor vehicles or household goods and personal effects as classified in subdivision(A)(14) of Section 58.1-3503 of the Code of Virginia (1950, as amended) and as listed in Section 58.1-3504 of the Code of Virginia (1950, as amended) and (b) for other than a business purpose. (6) For purposes of this exemption, real property of any surviving spouse of a covered person includes real property (i) held by a surviving spouse as a tenant for life, (ii) held in a revocable inter vivos trust over which the surviving spouse holds the power of revocation, or (iii) held in an irrevocable trust under which the surviving spouse possesses a life estate or enjoys a continuing right of use or support. Such real property does not include any interest held under a leasehold or term of years. (7) (a) In the event that (i) a surviving spouse is entitled to an exemption under this section by virtue of holding the property in any of the three ways set forth in subsection (c)(6) and (ii) one or more other persons have an ownership interest in the property that permits them to occupy the property, then the tax exemption for the property that otherwise would have been provided shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is 1 and the denominator of which equals the total number of people having an ownership interest that permits them to occupy the property. 7 (b) In the event that the principal residence is jointly owned by two or more individuals including the surviving spouse, and no person is entitled to the exemption under this section by virtue of holding the property in any of the three ways set forth in subsection (c)(6), then the exemption shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is the percentage of ownership interest in the dwelling held by the surviving spouse and the denominator of which is 100. (d) (1) The surviving spouse claiming the exemption under this article shall file with the commissioner of the revenue of the county on forms to be supplied by the county, an affidavit or written statement (i) setting forth the surviving spouse's name, (ii) indicating any other joint owners of the real property, (iii) certifying that the real property is occupied as the surviving spouse's principal place of residence, and (iv) including evidence of the determination of the Comptroller or the Virginia Retirement System pursuant to subsection (c)(1). The surviving spouse shall also provide documentation that he is the surviving spouse of a covered person and of the date that the covered person died. The surviving spouse shall be required to refile the information required by this section only if the surviving spouse's principal place of residence changes. (2) The surviving spouse shall promptly notify the commissioner of the revenue of any remarriage. (e) The fact that surviving spouses who are otherwise qualified for tax exemption pursuant to this article are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence, so long as such real estate is not used by or leased to others for consideration. [For state law as to authority to enact this section, see VA Code §§ 58.1-3219.13 and 58.1-3219.141 That this ordinance shall become effective at midnight on the beginning of July 1, 2017 and shall, at that time, be retroactive to January 1, 2017. D. Application of Tidewater Custom Modular Homes, Inc. (John Glover), Applicant, and Clarice J. Chapman, Owner, for an Amendment to the Comprehensive Plan of 1.00 acres of Land Located at 22080 Brewer's Neck Boulevard, on the property with Tax Map Number 33-01-195B, in the Newport Election District to Change the Land Use Designation from Suburban Estate (SE) to Business and Employment (BE) Sandra Robinson, Planner, represented the application which resulted in the Planning Commission's (7-0) vote to recommend denial due to the concern with amending the Comprehensive Plan piecemeal at the beginning of the development process; the desire to review land uses holistically along this critically important corridor; and, staff's recommendation of denial because the r proposed use is in conflict with the County's current Comprehensive Plan's recommendations, objectives and future land use designations. The public hearing was opened and comments in favor or in opposition were requested. John Glover, applicant, requested the Board's favorable consideration to create a model home site on the proposed property. A rendering depicting the home intended for the site, which is residential in appearance and adequately represents the product to be sold, was displayed. He commented that the proposed home improves the appearance of the Corridor as it exists today. Albert Burckard of the Newport District spoke against the application which does not adhere to the Comprehensive Plan. He advised that near the proposed site is an African American two -room schoolhouse built in the 1920's. Tina Emmon of Carrollton Boulevard spoke in favor of Mr. Glover's application to move his business to the proposed location. Herb DeGroft of Mill Swamp Road spoke in favor of the application commenting that workforce housing is needed in the County and the proposed types of homes will bring in workforce that lives in and spends money in the County. Neil Sykes of Smithfield spoke in support of the application. The public hearing was closed and comments solicited from the Board. Supervisors McCarty and Acree spoke in favor of the application commenting on the need for affordable housing in the County. It was noted that for the sake of appearance, the model home will give the appearance of a residential home. It was further noted that this is an existing business in the County and the applicant is an existing resident of the County. Supervisor Jefferson voiced his opposition to a business being approved for location in a residential area. Supervisor Grice commented that the Comprehensive Plan is a guideline only and is ten years old now. He pointed out that there is currently an abandoned building located on the property which would be replaced with a model home if approved. He stated there will not be hundreds of cars going in and out of this residential property; that the applicant is going to tap into the County's water system which sets a precedent; and, that the parking area will be screened. Chairman Alphin recognized that the model home will replace an existing eyesore, but stated that he believes structures need to be designated by their use and not by how they look. He stated that because a precedent was set in the past is not a reason for continuing that precedent; that he is concerned this sends a message that the Comprehensive Plan does not carry much weight; and, that he needs a compelling reason to deviate from the Comprehensive Plan especially as there are other areas that this business would be successful. 9 On motion of Supervisor McCarty, the application was approved with Supervisors McCarty, Acree and Grice voting in favor (3-2) and Chairman Alphin and Supervisor Jefferson voting against the motion. E. Application of Tidewater Custom Modular Homes, Inc. (John Glover), Applicant, and Clarice J. Chapman, Owner, for an Amendment to the Comprehensive Plan of 1.00 acres of Land Located at 22080 Brewer's Neck Boulevard, on the property with Tax Map Number 33-01-195B, in the Newport Election District to Change the Zoning Classification from Rural Agricultural Conservation (RAC} to Conditional General Commercial (C -GC) Ms. Robinson represented the application. The public hearing was opened and comments were sought from those in favor of or in opposition to the application. No one appeared and spoke. The public hearing was closed and comments requested from the Board. Staff was requested to investigate if the County is adhering to the American with Disabilities Act. On motion of Supervisor McCarty, all those present voting in favor, the application was approved (5-0). The Board took a break. 11 F. Application of Richard W. and Tandy Coyle, Owners for a Change in Zoning Classification from Rural Agricultural Conservation (RAC) to Rural Residential (RR) of 19.49 Acres of Land to Create Two (2) Single Family Residential Lots on the Northeast Side of River Run Trail (Route 614), 0.4 miles North of the Intersection of Walkers Highway (Route 258) (Part of Tax Parcel Identification Number 58-01- 132) Ms. Robinson represented the application. The public hearing was opened and those in favor of or in opposition to were requested to speak. Richard Coyle, applicant, appeared and spoke in favor. The public hearing was closed and comments of the Board were requested. 10 Following confirmation that this is all the lots that can be created on that parcel utilizing the sliding scale, on motion of Chairman Alphin, all those present voting in favor (5-0), the application was approved. G. The application of William E. Birdsong, Applicant, Thomas, Jr. and Deborah Jones and Donald and Carolyn Little, Owners, for a Change in Zoning Classification from Rural Agricultural Conservation (RAC) to Rural Residential (RR) of 5 acres of Land to Create One (1) Single Family Residential Lot on the North Side of Mill Swamp Road (Route 626), Approximately 1 Mile West of Wrenn's Mill Road (Route 677), and Part of Tax Parcel Identification Number 12-01-054. Ms. Robinson represented the application. The public hearing was opened and those in favor of or in opposition to were requested to speak. William Riddick, Attorney representing the applicants, appeared and spoke in favor of the applicants who are long-time residents of the County. The public hearing was closed and comments of the Board were requested. On motion of Supervisor Jefferson, all those present voting in favor (5-0), the application was approved. H. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Article II, Dogs and Cats. Chapter 3. Animals and Fowl. Section 3-24. Control of Dangerous Dogs County Attorney Popovich provided an overview of the amendments to the County's Dangerous Dog Ordinance which gives discretion to law enforcement and animal control officers whether to file dangerous dog charges. The public hearing was opened and those in favor of or in opposition to were requested to speak. No one appeared and spoke. The public hearing was closed and comments of the Board were requested. On motion of Supervisor Acree, all those present voting in favor, the following Ordinance was adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING ARTICLE II. DOGS AND CATS. CHAPTER 3. ANIMALS AND FOWL. SECTION 3-24. CONTROL OF DANGEROUS DOGS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to revise its local ordinance related to dangerous or vicious dogs to conform with state law; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 3. Animals and Fowl. Section 3-24 be amended and reenacted as follows: Sec. 3-24. - Control of dangerous dogs. (a) As used in this section, "dangerous dog" means (1) a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a companion animal that is a dog or cat or killed a companion animal that is a dog or cat. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that (i) no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (ii) both animals are owned by the same person; or (iii) such attack occurred on the property of the attacking or biting dog's owner or custodian; or (2) a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that the injury inflicted by the canine or canine crossbreed upon a person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. (b) No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community. (c) Any law enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within the county is a dangerous dog shall apply to a magistrate serving the county for the issuance of a summons requiring the owner or custodian, if known, to appear before the General District Court in Isle of Wight County. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this section. Further, if the court, upon finding the animal to be a dangerous dog, may order the owner, custodian, or harborer to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal and may, at the court's discretion, also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. The procedure for appeal and trial shall be the same as provided by law for misdemeanors and the County shall be required to prove the case beyond a reasonable doubt. (d) No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor shall ownership of a particular breed of canine or canine crossbreed be prohibited. (e) No animal shall be found to be a dangerous dog if the threat, injury or damage was sustained by a person who was: (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog. (f) The owner of any animal found to be a dangerous dog shall, within thirty (30) days of such finding, obtain a dangerous dog registration certificate from the local animal control officer for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, in the same manner as the initial certificate was obtained. The animal control officer shall post registration information on the Virginia Dangerous Dog Registry. (g) All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence: (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced -in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not 13 be issued a certificate or renewal thereof unless they present satisfactory evidence that: (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of electronic implantation. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000. (h) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. While so confined within the structure, the animal shall be provided for according to Section 3-3 of this ordinance. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (i) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (j) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal: (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. In addition, the owner shall cause the local animal control officer to be promptly notified of (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attach by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) chip identification information; (vii) proof of insurance or surety bond; and (vii) the death of the dog. (k) The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this section shall be guilty of a Class 1 misdemeanor. Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the animal control officer shall confine the dangerous dog until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. Upon conviction, the court may (i) order the dangerous dog to be disposed of or (ii) grant the owner up to 30 days to comply with the requirements of this section, during which time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the court, the court shall order the dangerous dog disposed of. The court, in its discretion, may order the owner to 14 pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner. (1) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a: (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; or (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. (m) All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this division, shall be paid into a special dedicated fund in the Isle of Wight County treasury for the purpose of paying the expenses of any animal control officer training required under Section 3.2-6556 of the Code of Virginia (1950, as amended). (STATE LAW REFERENCE—Sec. 3.2-6540 of the Code of Virginia (1950, as amended).) COUNTY ADMINISTRATOR'S REPORT The Board was requested to email the County Administrator dates they are not available in September/October for a two-day facilitated Board Retreat. The Board expressed an interest in the Clerk having access to their individual calendars (and the Board being able to access each other's calendars) and that reoccurring meetings (Planning Commission, Western Tidewater Jail Board, Commission on Aging) and other Board committees be input by the Clerk. County Administrator Keaton presented a request for a special meeting of the Board on August 3, 2017 at 5:00 p.m. at The Smithfield Center to consider a request of the School Board of a site plan, including exceptions from requirements of the Zoning Ordnance, for proposed new accessory structures at Smithfield High School. He noted that there is also an August 3, 2017 Smithfield Intergovernmental meeting at 2:00 p.m. at The Smithfield Center followed by a 6:00 p.m. meeting with the representatives from the Towns of Smithfield and Windsor, the School Board and Planning Commission to discuss the Water & 15 Sewer Task Force, receive an update on Route 460, any matters coming forth from the Smithfield Intergovernmental meeting and the Town of Smithfield's vision for the ballpark in Smithfield. Supervisor McCarty moved, with all members voting in favor (5-0), that the Board set the meeting schedule for August 3, 2017 as presented by the County Administrator. County Administrator Keaton was requested to inquire why first quarter activity/fire and EMS reports from the Rushmere Volunteer Fire Department and the Windsor Volunteer Fire Department and Volunteer Rescue Squad were not included in the Fire/EMS Activity Report under the "FYI' item in the County Administrator's report of the agenda. NEW BUSINESS County Administrator Keaton was requested to provide Supervisor Grice with an audio of the Planning Commission's meeting regarding the Glover application. Supervisor Acree commented that he has requested information from the Director of Utility Services on the cost for residents in Carrollton to hook onto HRSD, as well as information concerning what makes a hook-up financially beneficial to the County. County Administrator Keaton was requested to investigate the need, cost and how expansion of the Windsor Public library fits in with the needs of other County libraries. ADJOURNMENT At 9:00 p.m., Chairman Alphin declared the meeting adjourned. W LrWM1&hWA1_/ W-1 I - -601 - 15�_O