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02-13-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRTEENTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice - Chairman James B. Brown, Jr. (Arrived at 4:05 p.m.) Thomas J. Wright, III Phillip A. Bradshaw Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Ivy called the meeting to order at 4:00 p.m. H Supervisor Bradshaw delivered the invocation. H The Pledge of Allegiance was conducted. H Chairman Ivy called for Approval of the Agenda. Supervisor Wright moved that the agenda be approved as presented. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. 11 Supervisor Brown arrived at the meeting at 4:05 p.m. Chairman Ivy called for Special Presentations /Appearances, Mr. J. C. Jenkins was formally presented a Resolution of Appreciation, which was adopted by the Board at its January 16, 2007 meeting, in recognition of his many years of service on the Isle of Wight Planning Commission and the Board of Zoning Appeals. 1 Mr. Robert C. Claud, Sr. was formally presented a ceremonial plaque designating the Board Room as the "Robert C. Claud, Sr. Board Room" in recognition of his 24 years of dedicated service to the citizens of the Isle of Wight County on the Board of Supervisors and the Windsor Town Council. Supervisor Wright notified the Board that the School Superintendent has agreed to make quarterly presentations to the Board in an effort to improve communication between the school system and the Board of Supervisors. He noted that such briefings would also assist staff with budget planning. Michael W. McPherson, Superintendent of Schools, addressed the Board regarding the County's graduation rate, which is currently at 84 %. He noted the Four - Year -Old program has increased this year through a cooperative effort with Western Tidewater. He stated Test Coordinator positions for the Smithfield and Windsor High Schools are being hired to address testing duties associated with SOLs. He stated efforts continue between the schools and the Sheriff's Department with respect to increased student safety and staff is currently developing a plan to address the Pandemic Flu. He noted that the school system continues to participate in the Governor's School for the Arts, Math and Science in conjunction with Paul D. Pruden and Tidewater Community Colleges. He stated 60% of the recommendations offered during a review by the State have been implemented. He noted that moving all administrative offices to a central location has increased the school system's efficiency greatly. He advised a Memorandum of Understanding with respect to shared technology with the County has been approved by the School Board. He stated that he hopes to address some of the critical shortage areas this year with respect to salary scales. He advised that an Athletic Director has been hired to work at Windsor High School. He noted that two (2) national board certified teachers have signed contracts with the school system and a $125 per teacher reimbursement has been implemented for supplies bought out -of- pocket. He stated the elementary schools have been outfitted with infrastructure as required by the State for on -line testing of SOLs. He stated Voice Over IP phones have been implemented at the educational annex and staff is moving forward to correct the phone problems at some of the schools. He stated that the school system continues to struggle with its Munis system and he continues to review any large item purchases in order to ensure that school department budgets are not overspent. He stated the fiscal year was closed with no findings from outside auditors. He stated that due to complaints from parents last year, the transportation schedule was revised for Westside Elementary School. He stated the training program is still being implemented to recertify 20 bus drivers per year and attempts are being made to hire substitute drivers to address some of the transportation issues dealing with athletics. He stated breakfast participation has increased by 3% and lunch participation by 5% and both continue to be self - sustaining programs. N Kevin Duck, Chairman of the School Board, advised that the School Board continues to strive to develop methods to ensure that it does not financially overextend itself while still providing a quality education for the County's children. He stated that School Board members lobby members of the General Assembly regarding shortfalls in funding and the National School Board Association is enacting changes in the current law relative to No Child Left Behind issues. Steve Jenkins, Finance Director, stated that this year's budget was approved in the amount of $57,422,000 and includes a $103,000 budget amendment which allows the rollover or liquidation of purchase orders outstanding at the end of June. He stated current available funds are in the amount of $5,272,000. H Chairman Ivy called for a work session by the Board. E. Wayne Rountree, P.E., Assistant County Administrator, addressed the issue of the final draft Master Water and Sewer Plan as submitted by R. Stewart Royer and Associates and which was last updated in 1992. He noted that while the Plan primarily concentrates on utility extensions within the Development Service Districts, it also addresses some of the needs of the County -owned community water systems outside of those Districts. He advised the Town of Windsor's requests for modifications have been incorporated, as well as the Town of Smithfield's. Ryan Bogese, R. Steward Royer and Associates, advised that the draft Master Water and Sewer Plan is divided into three (3) growth districts and discusses the proposed needs of the community water systems owned by the County. He stated population projections over the next ten (10) to fifteen (15) years indicate that the Newport District will need a 1.3 million gallon water storage tank in the Benn's Church area to address usage and fire protection and that the County will need to negotiate with the Western Tidewater Water Authority (WTWA) to obtain any needed additional water. Sewer utilities, which are currently provided by the Hampton Roads Sanitation District (HRSD), are capable of supplying the Newport District with long -term wastewater needs, however, communities with failing septic systems will need to be addressed on a case -by -case basis. Forty -five (45) new homes per year are anticipated in the Newport Development District, of which one -half will be located in the Town of Smithfield, now currently served by its own water system. The proposed intermodal park, southeast of the Town of Windsor, will place a significant amount of water and sewer demand on the Newport District and, therefore, it is recommended that the County tie its water into the WTWA in the City of Suffolk. Plans are currently being developed for a well and R4 treatment system at the existing elevated tank site in the Camptown Service District to address its needed water capacity over the next ten (10) years. The County's existing agreement 3 with the City of Franklin does address sewer service needs in the Camptown Development District over the next ten (10) years and future sewer service needs will need to be negotiated with the City of Franklin or HRSD, he stated. Mr. Rountree noted that the Hampton Roads Sanitation District is currently conducting a feasibility study on the Franklin system. Supervisor Bradshaw requested Mr. Rountree set up a meeting with Mr. Gardy, to include Mr. Al Moore, from the City of Suffolk. Supervisor Clark moved that the Board direct staff to provide copies of the Master Water and Sewer Plan to the Planning Commission members for review. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Rountree distributed copies of the original Master Plan for the Joel C. Bradshaw Fairgrounds; a design and construction schedule beginning at the end of February, 2007 and terminating construction in the Spring of 2008 which will allow for grass planting, a summer of grow -in and a good stand of grass by the Fair scheduled in the Fall of 2008; a detailed budget estimate for the entire project, which includes the portion being performed today in accordance with the Master Plan in an amount of $2.7 million; and a narrative of what is proposed inside the thirty -five (35) acre fenced -in site. Scott Courtney, Resource International, discussed the proposed work and associated costs for the Fairgrounds with the Board. The work, which will consist primarily of grading will allow water to flow into inlets and be piped away from the site. He noted that Numbers 1, b and 7 have already been completed under Item 1. 1, Site Preparation and Demolition. Patrick J. Small, Assistant County Administrator, advised the Board that staff's primary focus for the remainder of this fiscal year and beginning July 1, 2007 will be the Fairgrounds. Next year's capital planning process will begin in September of 2007 and staff will provide a capital plan to the Board for the entire Fairground and park area that will incorporate the buildings, trails and baseball fields. Supervisor Bradshaw requested that Mr. Small take the appropriate measures to ensure that tram service is well advertised during the Fair. Messrs. Rountree and Small were authorized to proceed with the engineering work and to return to the Board with a plan in March, 2007 to finance the $2.7 million project. Supervisor Bradshaw requested Planning and Zoning staff to correct the Executive Summary in the Robert T. Jones application, which will be L, considered under Public Hearings later in the meeting, to reflect that the application is located in the Carrsville Election District. He did note that the application had been correctly advertised for public hearing in the newspapers. Supervisor Bradshaw requested that the condition listed in the Pulaski Baptist Church Trustees application, which is scheduled for public hearing later in the meeting, of no burial plots being located closer than 100 feet from a drinking water well in order to address the comments made by the Health Department and the existing trees within the 25 -foot setback area adjacent to all property lines shown on the site sketch submitted with the application shall be preserved to the greatest extent possible and that limited tree removal will be allowed for a vehicular access road, be removed by staff. Kari L. Sletten, Director of Information Technology, updated the Board on the recent installation of the video presentation equipment in the Board Room. Zoning information has been updated and is now being provided on- line. She requested the Board to provide her with their individual preferences relative to the Board of Supervisors' section on the County's website. Chairman Ivy recommended that Ms. Sletten poll the individual Board members on Item (D) to determine how detailed each member would like their portion on the web site to be. Supervisor Bradshaw requested Ms. Sletten to poll the Board members and return with a recommendation for implementation. Gina R. Ippolitto, Assistant Director of Parks and Recreation, briefed the Board relative to recent renovations at the skating rink, which is proposed to reopen to the public on the weekend of March 17, 2007. A County employee family night is proposed for March 10 followed by an official dedication of the facility that will include representatives of Southampton County and the City of Franklin. Large vending machines are proposed temporarily and the pro shop will not be open. The internal skate maintenance shop will be open due to a donation from the Camp Foundation. Skating rink staff are anticipated to begin next week. Ms. Ippolitto advised that she would be returning to the Board in the next thirty (30) days with a proposed cost for carpet replacement and installation of a safety wall along the exterior of the rink. Supervisor Wright reiterated his previous request to staff for operating costs associated with Nike Park and the skating rink. Mr. Small offered to research the matter and report back to the Board. Supervisor Bradshaw requested that Mr. Small also research the reasoning behind why Nike Park is a separate operating entity than other parks in the County. 11 Supervisor Clark requested that Ms. Ippolitto review the ballfield complex at the proposed Benns Church complex and provide him with her recommendations. Supervisor Bradshaw suggested that Ms. Ippolitto could seek donations from the Franklin/Southampton Charities relative to the concept of a regional skateboard park and that she apply for grants relative to the relocation of the outdoor skating park to the County's facility. Chairman Ivy requested that Assistant County Administrator Small provide a timeline to the Board by its March 1, 2007 meeting relative to the reopening of the Isle of Wight Museum. Richard 4. Childress, Director of Emergency Services, advised the Board that only one (1) bid was received from Tidewater Energy Services as a result of the Invitation for Bid that was solicited for the Generator Lease Program. Supervisor Clark moved that the Board authorize staff to move forward with a Notice of Intent to Award for the Generator Lease Program to Tidewater Energy Services. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Childress addressed EMS billing and noted that included in the agenda for the Board's review is a draft newsletter for distribution to County citizens. He advised that he had also tasked the billing provider with providing staff with pertinent information relative to the amount of collections, which are currently averaging 58% monthly. He further advised that receivables in the amount of $560,000 were deposited by the County last year. Mr. Childress addressed the Facilities Master Plan and advised that the consultant retained by the County is currently compiling data and anticipates forwarding a report to staff within the next forty-five (45) days. Chairman Ivy requested that Mr. Childress follow -up with the Fire Chiefs relative to how they feel about their individual interviews so that their comments can be sent to the consultant before a report is developed. Chairman Ivy requested Mr. Childress advise the Fire and Rescue Association members, at their next meeting, that the Board would like to have ajoint meeting. H 0 Supervisor Clark moved the Board take a recess. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 1I Leslie Taber, Department of Economic Development, requested the Board's consideration of a Resolution of the Board of Supervisors of the County of Isle of Wight Authorizing the Issuance of Up to $7,000,000 Revenue Bonds for the Benefit of International Paper Company for which $3.5 million will be used for the installation and construction of a sewage and solid waste disposal facilities at International Paper. She advised there would be no liability to the County as a result of the approval of the bonds. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT AUTHORIZING THE ISSUANCE OF UP TO $7,000,000 REVENUE BONDS FOR THE BENEFIT OF INTERNATIONAL PAPER COMPANY WHEREAS, the Industrial Development Authority of the County of Isle of Wight (the "Authority "), has considered the application of International Paper Company (the "Company ") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $7,000,000 (the "Bonds ") to assist in the financing of the Company's acquisition, installation, construction and equipping of certain sewage and solid waste disposal facilities at the Company's paper mill (the "Mill ") in the County of Isle of Wight, Virginia, as described in Exhibit A attached hereto (the "Project ") located at 34040 Union Camp Drive, Franklin, Virginia 23851, in the County of Isle of Wight, Virginia, and has held a public hearing on January 30, 2007; WHEREAS, Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code "), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Isle of Wight, Virginia (the "County "); the Project is located in the County 7 and the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.2 -4906 of the Code of Virginia of 1950, as amended (the "Virginia Code ") to permit the Authority to assist in the financing of the Proj ect. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company. 3. Pursuant to the limitations contained in the Temporary Income Tax Regulations Section 5f. 1 03- 2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. The Board directs the County Administrator to request an allocation of the State Ceiling (as defined in Section 15.2 -4500 of the Code of Virginia of 1950, as amended) in accordance with the applicable provisions of the Code of Virginia of 1950, as amended, and any regulations or executive orders issued hereunder. 5. This resolution shall take effect immediately upon its adoption. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. H Chairman Ivy called for Regional reports. At the most recent meeting of the Mayors and Chairs, Chairman Ivy reported that Hampton Roads and northern Virginia proposed the creation of a regional transportation authority and the General Assembly is proposing to include an "opt out" provision for localities in the region. 69 Regarding the Virginia Workforce Readiness effort, Chairman Ivy reported that a representative from the Virginia Beach City Schools discussed its plans for workplace readiness and a copy of the report is to be made available to all school systems. Regarding the South Hampton Roads Regional Taskforce effort, Chairman Ivy advised that he had signed a letter of support for the South Hampton Roads Regional Taskforce to End Homelessness. Chairman Ivy reported that military bases were discussed at the most recent meeting of the Hampton Roads Military and Federal Facilities Alliance. The lobbying firm hired is doing an excellent job and consideration is being given to expanding the focus to include future economic development in the form of unmanned aerial devices for military and civilian use. Supervisor Brown reported that at its most recent meeting, SPSA was dedicated to developing strategies to retire the $250,000,000 long -term debt by 2018. The tipping fee increased from $57 per ton to $75 per ton, effective January 1, 2007, is subject to increase to $100 per ton by July 1, 2007. He concluded that there would be a question and answer period on SPSA operations on March 8, 2007 at Smithfield High School. Chairman Ivy requested that Mrs. Storm remove the International Paper Advisory Council from the Regional Reports page. Supervisor Clark reported that lobbyists and legislators had briefed those gathered at the meeting of the Coalition of High Growth Communities on proposed legislation and that Mr. Robertson track such legislation as it proceeds through the General Assembly. Supervisor Bradshaw reported on the dinner meeting with the legislative delegation following VACo/VML Legislative Day. He advised that VACoNML did not support the compromise agreement on the transportation bills. Supervisor Bradshaw advised that he would be hosting a VACo regional dinner meeting and conducting a post - legislative session on Thursday, March 29, 2007 at 6:00 p.m. at the Wakefield 4 -H Center. Members of the County's General Assembly have been invited and the Board should anticipate receiving an invitation in the mail. Chairman Ivy was requested to be prepared to speak. Supervisor Bradshaw reported that Chairman Ivy had attended the Chairmen's Institute for VACo and that he and Supervisor Wright have completed the County Supervisor Certification course. II E Supervisor Bradshaw moved that the Board take up the Blackwater Regional Library contract at this point in the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented for the Board's consideration the Blackwater Regional Library contract between the Board and other participating localities which provides for an increase in County representation on the Board of Trustees from three (3) to six (b) representatives and a cost - sharing formula based upon circulation and population. June Fleming, Blackwater Regional Library Board of Directors, acknowledged County staff's work during the development of the contract and advised that it would be presented to all participating localities this month. Supervisor Clark moved that the Board authorize the Chairman to execute the Blackwater Regional Library contract on behalf of the Board, effective July 1, 2007. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw recommended that the representation consist of one (1) member from each district and one (1) at -large member. H Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. II Chairman Ivy called for Transportation Matters. Sandon S. Rogers, Transportation Planner, advised the Board that it was suggested at a meeting recently held by VDOT that a program be developed whereby one (1) month a year is designated as clean -up month of outfall ditches by citizens. Storms and drainage problems over the last ten (10) years was discussed and it was noted that maintenance of outfall ditches is the responsibility of both the County and its citizens. Supervisor Clark commented that VDOT's responsibility is to maintain that department's right -of -ways and any outfall ditches that might 10 compromise the State's roadways and he concurred that ditches outside of that right -of -way are the responsibility of the County and its citizen's. Supervisor Clark moved that the Board direct staff to investigate how the problems associated with storms, i.e., low -lying areas inundated with water which were not several years ago, can be addressed in the future, with respect to equipment and manpower. Staff is also directed to contact surrounding counties to inquire if they wish to form an authority to purchase equipment. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown advised of the need to mediate the damage at the corner of Route 10 and Blounts Corner that has occurred as a result of an erosion problem. Mr. Rogers advised, responsive to Supervisor Bradshaw's request, he had set up a meeting with VDOT officials to visit the site in Walters that is draining poorly. Supervisor Clark moved that the Board direct staff to contact Congressman Forbes' office to find out the status of the Federal money relative to the warning devices for the James River Bridge designed to reroute motorists during emergencies. If it has already been passed down, staff is to contact the State to find out why Mr. Dangerfield does not have it and why he can not go forward. Once the money is passed down, he is to be advised the priority for which they will do the work on the James River Bridge or whether we are in line behind a bunch of other projects. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. H Chairman Ivy called for Citizens Comments. Betty Pulley, Chairman of the Events Committee, requested Catherine C. Barlow be appointed by the Board to replace Kimberly Graham, representing the Hardy District. She further requested $3,000 be budgeted for the Events Committee for next fiscal year. Anthony Cummings of 102 Adams Court requested that the County's website contain a section where citizens can e-mail their cable complaints to Charter Communications. H 11 At 7:00 p.m., Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 11 Chairman Ivy called for a public hearing on the sale of real property (Former Carrsville Volunteer Fire Station). Chairman Ivy called for persons to speak in favor of or in opposition to the proposed property. Interim County Attorney Burton certified that the matter had been duly advertised. Ms. Taber stated pursuant to the expressed interest of a local business in the purchase of the former Carrsville Volunteer Fire Station for revitalization of the property for commercial use, the Department of Economic Development is requesting the sale of the property to the Industrial Development Authority for future sale to a qualified buyer. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board approve the sale to the Industrial Development Authority and authorize the Chairman to execute the appropriate documents. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on an Ordinance to Amend the following sections of Appendix B. Zoning, of the Isle of Wight County Code: Section 1- 1015.F.4 (Fiscal Impact Analysis); Suburban Residential District, Section 4- 7005.D.I (Side Yard Setback); Highway Corridor Overlay District Requirements, Sections 6- 1006.13, 6- 1006.0 and 6- 1007.A.7 (Minimum Visual Buffer), Section 6- 1008.A (Yard Requirements; Newport Development Service Overlay District Requirements, Sections 6- 2005.D and 6- 2006.A.7 (Minimum Visual Buffer), Section 6- 2007.A (Yard Requirements), Section 6- 2009.G.1 (Vehicular Parking Areas); Historic Overlay District, Section 6 -3001 (Purpose); Flood Plain Management Overlay District, Section 6- 4006.B.3 (Use Regulations); Development Review, Section 7- 2003.A (Simplified Site Plan); and Signs, Sections 9- 1004.A.1.b and 9- 1004.A.1.d (Temporary Signs), Section 9- 1004.D.1 and 9- 1004.D.5 (Special Event Signs). 19 Beverly H. Walkup, Director of Planning and Zoning, noted that the proposed amendments are the first in a series to the Zoning Ordinance that will provide for proper administration and clarification of the Ordinance. Interim County Attorney Burton certified that the Ordinance had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed amendments. No one spoke in favor or in opposition to the amendments. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board approve the following amendments to the Zoning Ordinance: AN ORDINANCE TO AMEND Appendix B. Zoning, of the Isle of Wight County Code WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Appendix B., Zoning, of the Isle of Wight County Code be amended as follows: 1 -1015 Amendments F. Community Impact Statement A. Community Impact Statement shall address the following: Fiscal impact analysis of the proposed development on the County prepared by the applicant to be reviewed and approved by the Zoning Administrator. The analysis shall contain a comparison of the public 13 revenues anticipated to be generated by the development and the anticipated capital, operations, maintenance and replacement costs for public facilities needed to service the project at the adopted County service standards. The County shall consider the information provided by the applicant during the development review process; provided however, that the fiscal impact analysis shall not serve as the sole basis for the approval or disapproval of an individual development proposal unless the health and safety of the community is affected by the inability to provide transportation, fire, police, emergency equipment and services, sewer or water to the proposed development. 4 -7005 Bulk Regulations for Lots Recorded After July 1, 1997 D. Minimum side yard setback: 1. One side: 12 feet 2. Both sides: 24 feet 6 -1006 Minimum Visual Buffer along the Corridor Right -of -Way B. Except in the RAC zoning district, no existing vegetation of any type, size, or origin shall be altered or removed within the minimum visual buffer unless it satisfies the requirements of Section 6 -1007, Permitted Activity in the Minimum Visual Buffer. C. This buffer shall be enhanced or created to meet the requirements of Landscape Option IV of Section 8 -1006 (Landscaping Grid), where such vegetation is insufficient or non - existent. An approved landscape plan as specified in Section 6 -1013 (Landscaping Requirements) shall be required. 6 -1007 Permitted Activity in the Minimum Visual Buffer A. Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: 7. When, in the opinion of the Zoning Administrator, the addition of plantings and earthen berms or masonry walls would better achieve the purposes of this district in lieu of 14 retaining existing vegetation, Landscape Option IV of Section 8 -1006 (Landscaping Grid) shall be utilized. 6 -1008 Yard and Height Requirements A. Yard Requirements 3. All corner lots along arterial rights -of -way with a corner side yard along a street other than an arterial right of way shall meet the front setback requirement of the underlying zoning district along the corner side not fronting the arterial. No structures, vehicular parking or movement areas, other than to provide perpendicular access to the site, shall be permitted in the setback. 6 -2005 Minimum Visual Buffer along the Rights -of -Way of Arterial Highways within the District D. This buffer shall be enhanced or created, where such vegetation does not sufficiently satisfy the standards set forth in Option IV of Section 8 -1006 (Landscaping Grid) and Section 8- 2002.C, Landscaping Requirements for Overall Site Design. An approved landscape plan as specified in Section 8 -2002, Landscape Plan shall be required. 6 -2006 Permitted Activity in the Minimum Visual Buffer A. Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: 7. When, in the opinion of the Zoning Administrator, the addition of plantings and earthen berms or masonry walls would better achieve the purposes of this district in lieu of retaining existing vegetation, Landscape Option IV of Section 8 -1006 (Landscaping Grid) shall be utilized. 6 -2007 Yard and Height Requirements A. Yard requirements 3. All corner lots along arterial rights -of -way with a corner side yard along a street other than an arterial right of way shall meet the front setback requirement of the underlying zoning district along the corner side not fronting the arterial. No structures, vehicular 15 parking or movement areas, other than to provide perpendicular access to the site, shall be permitted in the setback. 6 -2009 Development standards Proposed development within the district shall provide for visual compatibility and harmony with surrounding natural land forms and vegetation; be protective of views and vistas from arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards: G. All vehicular movement and parking areas shall be paved with concrete, asphalt, or other similar material. 1. Parking shall be located to the side or rear of a structure, unless the Zoning Administrator determines this requirement to be infeasible due to unique site conditions. 6 -3000 Historic Overlay (HO) District 6 -3001 Purpose The Historic Overlay District zoning fulfills the goals and objectives outlined in the County's Comprehensive Plan by establishing a means to preserve and enhance historic buildings, structures and various historic resources, identified as important elements of the County's cultural heritage, through the use of sensitive land use planning and architectural review procedures. The Historic Overlay District shall include designated areas portions of Isle of Wight County where historic landmarks, buildings or structures having an important historic interest are located. Such structures shall be protected from destruction, damage, defacement and obviously incongruous development or uses of land. It is also designed and to require the erection, reconstruction and alteration of other buildings and structures to be architecturally compatible with the historic landmarks, buildings or structures located therein. Lastly, this district is established to facilitate the creation of a convenient, attractive, and harmonious community as stated in Section 15.2 - 22$3 of the Code of Virginia through the establishment of design standards that seek to preserve historic landmarks, buildings, structures or districts. (Section 15.2 - 2306 of the Code of Virginia.) 16 6 -4006 Use Regulations B. The following activities may occur below the level of the one hundred (100) year flood elevation if administered in accordance with section 6 -4009 section 4309 of this article: 3. Swimming pools or any other non - habitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type. (7 -1- 97) 7 -2003 Simplified Site Plan A. A simplified site plan shall be submitted for a change or expansion of an agricultural, commercial, civic, office, industrial or miscellaneous use on an existing site, unless: 9 -1004 Temporary Signs The following temporary signs are permitted without a zoning permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this ordinance except those contained in Sections 9 -1006 and 9 -1008. A. Real Estate Advertising Signs 1. On- Premises Signs a. On premises signs advertising the sale, lease, or rental of property shall be limited to one (1) sign per lot per street frontage or frontage on navigable waterway. (7 -1 -97) b. Signs in residential zoning districts and residential uses in the NC, VC and PD -MX districts shall not exceed four (4) square feet in size and four (4) feet in height. a C. Signs in Rural Agricultural Conservation zoning districts shall not exceed sixteen (16) square feet in size and six (6) feet in height. d. Signs in commercial and industrial zoning districts and civic, office, and miscellaneous uses in any other district shall not exceed thirty -two (32) square feet in size and ten (10) feet in height. e. The height of all signs shall represent a measurement from ground level to the top of the sign structure. Such signs shall be located a minimum of ten (10) feet from any property line. (7 -1 -97) D. Special Event Signs 1. Signs indicating a special event to be located on property where the special event such as a grand opening, fair, carnival, festival or similar event is to take place may be erected no more than thirty (30) days prior to the special event and shall be removed no later than forty -eight (48) hours after the special event has concluded. However, grand opening signs shall be removed no later than thirty (30) days after the first day of the grand opening. 2. No sign shall be greater than thirty -two (32) square feet in size and fifteen (15) feet in height. (7 -1 -97) 3. Such signs shall be located a minimum of ten (10) feet from any property line. (7 -1 -97) 4. Off - premises signs for special events sponsored by non- profit, governmental or civic organizations may be permitted up to thirty-two (32) square feet. 5. Grand opening and special event signs, which contain or consist of pennants, balloons, ribbons, streamers, banners, spinners, strings of lights, or other similar moving or stationary devices, may also be erected in accordance with the provisions of Section 9- 1005.D.I (above). The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following application: IV The application of Robert T. Jones, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of approximately 2.5 acres of land located on the south side of Jones Town Drive (Route 637) east of Rattlesnake Trail (Route 646) in the Carrsville Election District. The purpose of the application is to create one (1) single - family residential lot. Ms. Walkup advised that the applicant has proffered no further subdivision and this is the first of two (2) new lots that can be created from the parent tract. She noted the application is to facilitate the relocation of a flood victim. Interim County Attorney Burton certified that the application had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed application. No one spoke in favor or in opposition to the application. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark requested confirmation that the applicant would not build in the flood zone again. Ms. Walkup advised that the owner had expressed an interest in utilizing a family member transfer for his daughter. Supervisor Bradshaw noted that this family had been devastated by flooding on two (2) separate occasions and that whether or not the family would be able to create a lot in the future is questionable, due to the amount of money needed to clean up the lot. Supervisor Bradshaw moved that the Board approve the application of Robert T. Jones, as presented. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion and Supervisor Clark voting against the motion. Chairman Ivy called for a public hearing on the following application. The application of Gayle K. Sawyer, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of approximately 22.53 acres of land located on the north side of Central Hill Road (Route 637) and west of Trump Town Road (Route 65 1) in the Windsor Election 19 District. The purpose of the application is to create four (4) single - family residential lots, as conditioned. Ms. Walkup advised that the applicant had offered a cash proffer for each of the four (4) lots, as well as no further subdivision of the property. The applicant is also requesting that the acreage be removed from the Courthouse Agricultural Forestal District in order to allow a more intensive use of the property. Further, an exemption is being requested from the first two (2) lots not having road frontage and the applicant has offered a shared driveway. Supervisor Bradshaw moved that the public hearing be moved to the end of the public hearings to allow legal staff an opportunity to investigate whether or not removal from an Agricultural Forestal District requires a separate public hearing, first by the Planning Commission and then by the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following application: The application of B. Wilson Jones, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of approximately 14.64 acres of land located on the east side of Courthouse Highway (Route 258) west of Orbit Road (Route 637) in the Windsor Election District. The purpose of the application is to create two (2) single- family residential lots, as conditioned. Ms. Walkup noted that this application also requests removal from the Agricultural Forestal District. Supervisor Bradshaw moved that the above public hearing be moved to the end of the public hearings to allow legal staff an opportunity to investigate whether or not removal from an Agricultural Forestal District requires a separate public hearing, first by the Planning Commission and then by the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following application: The application of James F. Wells, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of approximately 2.0 acres of land located on the west side of White Hill Trail (Route 623) near the Surry County Line, in the Carrsville Election District. The purpose of the application is to create one (1) single - family lot, as conditioned. 20 Ms. Walkup advised that the applicant has offered a voluntary cash proffer for the creation of one (1) single - family lot. Interim County Attorney Burton certified that the application had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed application. No one spoke in favor of or in opposition to the proposed application. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board approve the application of James F. Wells, as conditioned. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following application: The application of Pulaski Baptist Church Trustees for a Conditional Use Permit to allow a church cemetery on approximately 0.5 acre of land, located off the south side of Carrsville Highway (Route 58), east of See -Gar Drive in the Carrsville Election District. Interim County Attorney Burton certified that the application had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed application. Joel Bradshaw, 32201 SeeGar Drive, advised of his donation of land to the church several years ago, noting that it is located in a region that would most likely not be developed in the future. Rudolph Boone, Trustee of Pulaski Baptist Church, offered to address questions by the Board. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw advised that he would like to delete the Planning Commission's recommendation 42 which states "existing trees within the 25- foot setback area adjacent to all property lines shown on the site sketch submitted with the application shall be preserved to the greatest extent possible. Limited tree removal will be allowed for a vehicular access road" 21 as those trees are located on Mr. Bradshaw's property and not on the proposed cemetery property. Supervisor Bradshaw moved that the Board approve the application of Pulaski Baptist Church Trustees subject to Conditions 41 and 3. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following application: The application of Solomon's Temple, owner, for a Conditional Use Permit to allow a religious assembly on approximately 1.957 acres of land located at 15636 Carrollton Boulevard (Route 17) in the Newport Election District. Ms. Walkup drew the Board's attention to the list of proffered conditions contained in the agenda. Interim County Attorney Burton certified that the application had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed application. Wayne Farmer, Attorney with Saunders, Barlow, Riddick and Babineau, recalled that the Board had previously approved a site plan for the subject property. When the church purchased the property in 2006, a site plan had already been approved for commercial use and the church is proposing to utilize the approved site plan which will allow seating of approximately 176 individuals using the existing parking spaces laid out for the site. He noted that the appearance of the building may change as the property was originally approved for a commercial structure, but that any such change would require approval from the County. He stated that the Planning Commission unanimously recommended approval with the condition that the landscaping be enhanced in the front of the building between the infiltration basin and roadway and between the infiltration basin and the parking lot at the Route 17 entrance, subject to staff's approval. Jeb Bonnet, 15624 Carrollton Boulevard, addressed a concern with the loss of tax revenue, if approved, as the property was originally zoned commercial. He suggested that an architect be hired to address safety concerns as a house of worship would serve more occupants than a retail center. Chairman Ivy closed the public hearing and called for comments from the Board. NN Supervisor Clark moved that the Board approve the application of Solomon's Temple. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following application: The application of B & J Mini Storage, LLC, owner, and Patricia V. Burch, applicant, for a Conditional Use Permit to allow construction of a commercial kennel for dog grooming, boarding and retail sales of pet supplies. The application site is located on the east side of Courthouse Highway (Route 258), north of Scott's Factory Road (Route 620), in the Hardy Election District. Amy Ring, Assistant Director of Planning and Zoning, offered to address questions by the Board. Interim County Attorney Burton certified that the public hearing had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed application. Mitchell Wilcox, Commonwealth Engineering, represented the application stating that the entrance to the site has been shifted to a common property line to allow this and the adjacent parcel to share one (1) entranceway. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board approve the application of B & J Mini Storage. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following Ordinance: An Ordinance to Amend Chapter 5, Elections, Article III, Precincts, Section 5- 11(c)(1). Interim County Attorney Burton certified that the Ordinance had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed application. RN William Bell, Secretary of the Electoral Board, requested approval to address unsafe parking conditions at the Pons Precinct, which has grown from 1,400 voters in 1994 to 2,000 voters today. He noted the proposed permanent structure would benefit the poll workers as well as the voters. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 5, ELECTIONS, ARTICLE III, PRECINCTS, SECTION 5- 11(c)(1) WHEREAS, the Isle of Wight County Electoral Board has reported that the current Pons Precinct polling place currently located at 11379 Whitehouse Road, Smithfield, Virginia, has inadequate public facilities; and WHEREAS, the Mt. Tabor Church of God and Christ has agreed to the relocation of the Pons Precinct polling place to its location at 13468 Waterworks Road, Smithfield, Virginia, at no cost to the County; and WHEREAS, the Board of Supervisors of Isle of Wight County wishes to change the Pons Precinct polling place to improve conditions for the public. NOW THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 5, Elections, Article III, Precincts, Section 5- 11(c)(1) be amended as follows: Sec. 5 -11 Enumerated. The precincts for each election district and the polling place for each precinct shall be as set forth below: (c) Hardy election district. (1) Pons precinct: Polling place — New Pons Voting Place — 13468 Waterworks Road, Smithfield, Virginia This ordinance shall be effective upon approval by the Voting Rights Section of the Department of Justice. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following Ordinance: W An Ordinance to Amend Chapter 11.2. Noises Interim County Attorney Burton certified that the Ordinance had been duly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed application. Anthony Cummings, 102 Adams Court, spoke in favor of the Ordinance as written. Conway Henderson, 13185 Doggett Lane, notified the Board that noises from ATVs and dirt bikes have drastically changed the quality of life in her neighborhood, where she has resided for the last ten (10) years, over the last several months. Chairman Ivy closed the public hearing and called for comments from the Board. Interim County Attorney Burton advised that the concerns expressed by Ms. Henderson are not addressed in the proposed Noise Ordinance. He recommended that the Board adopt the proposed Ordinance in its current form and, in the meantime, he would research this issue further and return to the Board with a recommendation on how best to address noises created by dirt bikes and other vehicles. Supervisor Bradshaw objected to Section 11.2 -3 because it does not include an exemption for farming activity. He noted, as currently proposed, the Ordinance is detrimental to the farming community because a complaint could be filed and a farming operation shut down due to noise created by farming machinery. He noted that he would be in favor of applying the Ordinance to subdivisions, but not residential lots that are located in agricultural areas. He added that Item (A) under Section 11.2 -2 is inadequately defined and could not be enforced by the Sheriff as at what point in time a noise becomes unreasonable is not defined. He noted Item (B), Section 11.2 -2, is also not adequately defined. Supervisor Clark moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 11.2. NOISES WHEREAS, the Isle of Wight County Board of Supervisors is concerned about the effect unnecessary or excessive noises may have on the health, safety and welfare of its citizens. NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 11.2, Noises be amended as follows: 25 Sec. 11.2- l.UnnecessM or Excessive Noises Generally It shall be unlawful for any person to make, or to cause or allow to be made, upon any property in the County, any unnecessary or excessive noise or sound, whether vocally, mechanically, electronically or otherwise, or of such a character, volume, duration or frequency as to disturb, injure or endanger the quiet, comfort, repose, health, peace or safety of any person of ordinary sensitivity. Sec. 11.2- 2.Noises Expressly Prohibited. The following acts are specifically declared to be in violation of this Chapter, but such enumeration shall not be deemed to be exclusive: (a) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bicycle or other vehicle on any street or public place in the County, except as a danger warning; the creation by means of any signaling device of any unreasonable, loud or harsh sound; and the sounding of any signaling device for an unnecessary or unreasonable period of time. (b) Radios, phonographs, etc. - - -- Generally. Using, operating or permitting the play, use or operation of any tape recorder, radio receiving set, musical instrument, phonograph or other electronic machine or device for the production or reproducing of sound in such a manner, or of such a volume as to disturb, injure or endanger the quiet, comfort, repose, health, peace or safety of any other person who is not within the confines of the room, vehicle or property in which such machine or device is operated and who is not a willing listener thereto. The operation of any such device in such a manner that the resultant noise or sound is audible at a distance of at least fifty (50) feet from the building, structure, property or vehicle in which it is located shall be prima facie evidence of a violation of this Chapter. (c) Production of sound from radios, phonographs, etc., on streets. Using, operating or permitting the play, use or operation of any tape recorder, radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other electronic machine or device for the producing or reproducing of sound upon public streets or parking lots, unless the resultant noise or sound shall not be clearly audible at a distance greater than fifty (50) feet from the vehicle or other enclosure in which it is contained, or at least fifty (50) feet from the source thereof, if not contained within any vehicle or other enclosure. (d) Animals. The keeping of any animal which shall be the source of any noise or sound of such character, volume, duration or frequency as to disturb, injure or endanger the quiet, comfort, repose, health, peace or safety of any other person of ordinary sensitivity. (e) Exhaust discharges. The discharge into open air of the exhaust of any steam or diesel engine, stationary internal combustion engine, chain saw, power mower, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent any noise or sound of a character, volume, duration or frequency which disturbs, injures or endangers the quiet, W comfort, repose, health, peace or safety of any other person of ordinary sensitivity. (f) Defects in vehicle. The use of any automobile, motorcycle or other vehicle so out of repair or loaded in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise or sound of a character, volume, duration or frequency which disturbs, injures or endangers the quiet, comfort, repose, health, peace or safety of any other person of ordinary sensitivity. (g) Shouting by peddlers, hawkers, etc. The shouting and crying of peddlers, hawkers and vendors of a character, volume, duration or frequency which disturbs, injures or endangers the quiet, comfort, repose, health, peace or safety of any other person of ordinary sensitivity. (h) Noise to attract attention to performances, etc. The use of any drums or other musical instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show or sale. (i) Engine braking. The creation of any unreasonably loud, disturbing or unnecessary noise by the application of engine brakes by any driver of a motor vehicle, which is not as a result of a bona fade emergency occurrence necessitating the application of an engine brake. Sec. 11.2-3. Exemptions. This Chapter shall apply only with respect to noise or sound received or heard in zoning districts in which residential use is permitted, whether or not exclusively, under the provisions of the County Zoning Ordinance, as it may be amended from time to time, and, notwithstanding any provisions of this Chapter to the contrary, shall have no application to fire, rescue, police, ambulance or other emergency vehicles or aircraft or to any noise or sound created thereby or to any noise or sound created by any person to sound a warning or to call attention to a bona fide emergency. This Chapter shall not apply to noise or sound which customarily accompanies bona fide parades, sporting events, public functions or public commemorative events, nor to noise or sound which customarily accompanies activities of churches and synagogues, nor to activities conducted in any gymnasium, arena, theater, amphitheater, swimming pool, stadium, rifle range, gun club or any similar sporting activity, whether any such activity occurs indoors or outdoors, except to the extent that any such parade, function, event or activity shall be prohibited or limited, either expressly or by necessary implication, by the terms or conditions of any required use permit issued in connection therewith, or to the extent that such parade, function, event or activity shall be conducted without a use permit when such permit is required by any provision of Appendix B of this Code. Sec. 11.2- 4.Penalties. Any person violating any of the provisions of this Chapter shall be deemed guilty of a Class 3 misdemeanor. Upon any subsequent conviction within a period of twelve (12) months, the violator may be found guilty of a Class 2 misdemeanor. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. 27 The motion was adopted by a vote of (4 -1) with Supervisors Brown, Clark, Wright and Ivy voting in favor of the motion and Supervisor Bradshaw voting in opposition to the motion. Supervisor Bradshaw moved that the Board direct Interim County Attorney Burton to bring back language which will allow the Board some flexibility with respect to farming operations. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark requested that Interim County Attorney Burton research other Ordinances that address problems associated with dirt bike noise and return with a recommendation that addresses Ms. Henderson's concern. Regarding the public hearings on the Gayle K. Sawyer and B. Wilson Jones applications, which was tabled earlier in the meeting until the end of the public hearings, Interim County Attorney Burton advised that the public hearing advertisements did not include any reference to the removal of the property from an Agricultural Forest District and the applications would, therefore, need to be returned to the Planning Commission. Supervisor Bradshaw moved that the Gayle K. Sawyer application be returned to the Planning Commission for proper advertisement at the expense of the County. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the B. Wilson Jones application be returned to the Planning Commission for proper advertisement at the expense of the County. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. H Supervisor Wright moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 11 Chairman Ivy called for the continuation of Citizens' comments. Nancy Guill of 10108 Riverview Bluff suggested that the Board, the Planning Commission and the Wetlands Board televise their meetings. She IT advised that Teresa Johnson, on behalf of the Carrollton Civic League, had advised that the League is also in favor of televising the meetings. On behalf of the Patriot's Day Committee, Ms. Guill offered Patriot's Day to be one (1) of the County's signature events during the 2007 Jamestown Celebration. Supervisor Clark moved that the Board direct staff to explore co- sponsoring Patriot's Day with the other groups on Patriot's Day for 2007 and direct it to the Tourism Department to make a recommendation. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. II Chairman Ivy moved that the Board take a five (5) minute recess. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. II Chairman Ivy called for the County Attorney's report. Interim County Attorney Burton presented, for the Board's consideration, a Lease Agreement between the County and Mr. and Mrs. Somerset for office space to be utilized by the County's Tourism Department at 335 Main Street in Smithfield. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Lease. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion; and no Supervisors voting against the motion; and Supervisor Clark absent for the vote. Interim County Attorney Burton presented correspondence addressed to Dr. Michael W. McPherson, Superintendent of Schools, dated February 13 2007, from Thomas R. Ivy, Chairman of the Board of Supervisors, regarding a pledge, on behalf of the Board, to reimburse the Schools for the costs of using their personnel or equipment during disaster response or recovery activities. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Agreement on behalf of the Board. The motion was adopted by a C vote of (4 -0) with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Clark absent for the vote. Interim County Attorney Burton presented a Deed of Bargain and Sale between the Board and the Isle of Wight Ruritan Club to gift to the Ruritan Club a portion of County property located behind land currently owned by the Club. Supervisor Bradshaw moved that the Board authorize the County Attorney's office to set the Deed of Bargain and Sale for public hearing at the Board's March 22, 2007 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had seven (7) matters to discuss with the Board later during the Closed Meeting. H Chairman Ivy called for the County Administrator's report. Donald T. Robertson, Director of Information Resources and Legislative Affairs, noted that the Quarterly Citizen Newsletter, included in the agenda, has been created in an effort to provide citizens with up -to -date facts and information regarding the services provided by the agencies that serve County residents. He noted funding is being requested in next year's fiscal budget to facilitate this effort. Supervisor Bradshaw moved that the Board appropriate $25,000 for this fiscal year for the production and distribution of the Quarterly Citizen Newsletter and that such funding be taken from the Unappropriated Fund Balance. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson briefed the Board relative to the issue of videotaping the Board meetings at a cost of $700 per meeting or $16,000 annually by PrimeMedia to be shown on Channel 13. An example of a tourism pilot developed by PrimeMedia was previewed by the Board and it was noted that any County services could also be conveyed, to include a summary of Board meetings, if desired. Supervisor Bradshaw recommended that the Board refrain from taking any action to broadcast its meetings at this time until the exact cost of implementing the Board of Supervisors' section on the County's website and the Quarterly Citizens' Newsletter is known. HE Supervisor Wright opposed spending $16,000 to advertise Board meetings. Supervisor Clark commented that news items are not always accurately reported by newspapers and broadcasting of meetings would provide the public the benefit of an explanation behind why a particular action was taken by the Board. Chairman Ivy suggested that copies of the tapes be made available for viewing at all the libraries as not all citizens receive cable television. He noted broadcasting of the meetings makes Board members accountable to the people who elect them. Mr. Robertson advised that PrimeMedia would perform the editing, but staff would have the opportunity to review and approve the final product. He recommended that the Board have PrimeMedia tape a Board meeting for review by the Board before it makes a commitment. Supervisor Clark moved that the Board direct Mr. Robertson to arrange for PrimeMedia to tape the Board's March 1, 2007 meeting for review by the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board proceed with the public service announcement known as the "County Beat ". The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey introduced a request by the Commissioner of Revenue and Treasurer for a salary supplement for the Board's consideration. Supervisor Clark moved that the Board refer the request to the Budget and Finance Committee for review and inclusion in the general budget process and that the Board be provided any information that the Board may request in the future with regard to any specifics on the request. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson briefed the Board on legislative matters currently under consideration at the General Assembly. The primary topic of discussion was transportation and a proposal was offered regarding the removal of the lodging tax and a provision requiring that all localities participate. He noted it is hopeful that revisions can be made to the current imminent domain legislation and that he would keep the Board apprised as new developments occur. W Mr. Robertson offered to follow -up on HB2547 with respect to hunting and the winery bill with respect to land use provisions that strip local governments of their ability to regulate wineries. H Chairman Ivy called for consideration of the following Consent Agenda items: A. Eurotech Camps and Tours — Summer Soccer Camp B. Records Preservation Grant Funds Received Resolution to Accept and Appropriate Records Preservation Grant Funds from the Library of Virginia C. Resolution to Appropriate Funds for the County Attorney's Office Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Isle of Wight County Attorney's Office D. Juvenile Accountability Program E. Personnel Policy Amendment Resolution to Amend the County Policy Manual, Chapter 1, Article X, Section 10.4 F. County Policy Amendment Resolution to Amend the County Policy Manual, Chapter 7, Article 1, Sections 1.9, 1.13 and 1.15 G. County Policy Addition Resolution to Amend the County Policy Manual, Chapter 7, Article IV H. Planning Commission Action List of January 23, 2007 I. Board of Zoning Appeals Action List of January 8, 2007 J. DEQ/Public Notice Dated January 22, 2007 IN K. Resolution of Appreciation Planning Commission L. Street Lighting Policy to J. C. Jenkins from the M. Eagle Harbor, Tract 3 -- Modification to Approved 4 -Plex Condominium Construction and a Re- design of the Parking Layout N. Delinquent Real Estate Tax Collection Monthly Report O. December 7, 2006 Regular Meeting Minutes P. December 21, 2006 Regular Meeting Minutes Q. January 4, 2007 Regular Meeting Minutes R. January 16, 2007 Regular Meeting Minutes Supervisor Bradshaw moved that the Board adopt the Consent Agenda as presented. The motion was adopted by a vote of (4 -0) with Supervisors Brown, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent for the vote. Regarding Item (G), County Policy Addition, Resolution to Amend the County Policy Manual, Chapter 7, Article IV, Supervisor Clark moved that the Board direct staff to review and update the cell phone use policy while driving. The motion was adopted by a vote of (4 -0) with Supervisors Brown, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent for the vote. Regarding Item (M), Eagle Harbor, Tract 3 — Modification to Approved 4 -Plex Condominium Construction and a Re- design of the Parking Layout, Supervisor Clark suggested that he and Ms. Walkup speak with a representative about the placement of specific vegetation on gas line easements. 11 Chairman Ivy called for Appointments. Chairman Ivy moved that the Board reappoint Harry C. Dashiell, Jr. to serve on the Historical Architectural Advisory Committee representing the Smithfield District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. M Chairman Ivy moved that the Board reappoint Lee Winslett, Jr. to serve on the Planning Commission representing the Smithfield District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board reappoint Don Rosie to serve on the Planning Commission representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board reappoint Herb DeGroft to serve on the Senior Services of Southeastern Virginia. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board appoint Rex Alphin to fill the unexpired term of J. C. Jenkins on the Planning Commission representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Concerning Betty Pulley's recommendation of an appointment to the Events Committee, Supervisor Brown requested the opportunity to speak with the person before officially appointing her. Supervisor Bradshaw moved that the Board appoint Mike Klusmeier, replacing John Patterson on the Wetlands Board, representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 11 Chairman Ivy called for Old Business. County Administrator Caskey stated that pursuant to the Board's previous direction to review staffing levels for magistrates and respond to the Sheriff's concern regarding delays, the Sheriff has requested that the Board forward a letter to the local courts expressing support for the addition of one (1) full -time magistrate in addition to maintaining the current part-time staff. Supervisor Bradshaw moved that the Board forward a letter to the local Courts expressing support for the addition of one (1) full -time Magistrate in addition to maintaining the current part-time staff, as requested by Sheriff Phelps. The motion was adopted by a vote of (5 -0) with Supervisors 34 Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright advised that he had received a call from a farmer on Four Square Road who is not able to plant cotton due to the amount of trash that is being blown out of trucks as they enter the transfer station. He advised that trash has also been thrown out in the fields along Orbit Road. Mr. Rountree advised that the County is currently utilizing prisoners for trash removal along County roadways one (1) week a month and one (1) day a week. Supervisor Bradshaw advised that trash has accumulated along Dardens Mill Road and Old Myrtle Road. Supervisor Bradshaw moved that the Board direct staff to review the littering issues dealing with the transfer station and the routes wherein trash is being transported to and from the main sites and the transfer station. The rural areas are to be reviewed around the convenience centers where trash has been illegally dumped to clean it up and see if staff can monitor it in order to prevent it from happening in the future. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy moved that the Board direct County Administrator Caskey to meet with Sheriff Phelps regarding the County's newly adopted Litter Ordinance. He is to emphasize the Board's desire that the Sheriff's Office better enforce the Ordinance due to the increased accumulation of trash in the County. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark requested that Interim County Attorney Burton take appropriate action to increase litter fines. Supervisor Bradshaw moved that the Board direct Assistant County Administrator Rountree to review the solid waste pamphlet for accuracy that is currently being distributed to citizens relating to convenience center rules and report back to the Board with his recommendations. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to review all convenience center sites relative to vegetative buffers to ensure that they are in compliance with the Highway Corridor Overlay District and make a recommendation to the Board. The motion was adopted by a vote of (5 -0) 9M with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board direct staff to contact Sheriff Phelps and request that he contact Ms. Conway Henderson of 13185 Doggett Lane (238 -9890) relative to her concerns about the level of noise produced by dirt bikes. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright advised that he recently met with the School Superintendent and requested that he provide a quarterly report on the status of school activities to the Board. He noted that educational programs for County youth were also discussed and that he had recommended a program be developed for selected ninth graders to receive teaching scholarships in conjunction with Old Dominion, Norfolk State and Christopher Newport Universities, as well as Tidewater Community College, in return for the student agreeing to work for a certain number of years in the County to pay back the scholarship. He noted that such a program is anticipated to be presented to the Board by the Superintendent at a future meeting for consideration in funding. H Chairman Ivy called for New Business. Supervisor Bradshaw moved that the Board direct County Administrator Caskey to meet with the Franklin City Manager and the Southampton County Administrator to review the potential sponsorship of a portion of the BIackwater/Nottoway Riverkeepers Program and that he return to the Board with a report. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to come back at a near -term future meeting and brief the Board on the status of the County's recycling efforts regarding the recycling centers being able to accept all types of items, including pesticides and tires, for delivery to SPSA by staff, and report on the status of the purchase of a commercial chipper to address yard waste and debris. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Clark absent for the vote. Supervisor Bradshaw moved that the Board direct staff to contact the Franklin City Manager to determine the status of the Chowan River Basin Watershed regional meeting (Congressman Forbes) in reference to the flooding of the Blackwater River. The motion was adopted by a vote of (4 -0) 36 with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Clark absent for the vote. Supervisor Bradshaw moved that the Board direct County Administrator Caskey, or his staff, to set up a meeting with the regional participants (City of Franklin, Southampton County, Isle of Wight and Sussex County, if interested) regarding clearing out of debris from the Blackwater River and report back to the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to purchase a copy of the Blackwater/Nottoway/Meherrin River Atlas. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct County Administrator Caskey and staff to meet with the Carrsville Postmaster, followed by a meeting with the regional U.S. Postmaster to discuss the rural route area for the Carrsville Post Office with the recommendation that anything east of Route 258 to be included in the Carrsville postal area. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested that staff provide a report to the Board on the status of the Southern Development Committee, to include who is charged with directing that Committee. Chairman Ivy suggested that the Development Service Districts be reduced in size /mass in the Comprehensive Plan. Ms. Walkup advised that the Planning Commission has completed its work on the Comprehensive Plan and is in the process of forwarding it to the Board with its recommendations. She advised that the Board will hold its public hearing on the Plan next month and could, at that point, take any action it desires. Supervisor Brown requested County Administrator Caskey to contact the Smithfield Town Manager regarding the status of the Memorandum of Understanding. Supervisor Bradshaw moved that the Board direct staff to meet with the Commissioner of Revenue and develop a list of all environmental equipment, to include its value if it were being taxed by the County at 100 %. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, 37 Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy moved that the Board direct staff to review the possibility of increasing the Consumer Utility Tax to see how it would assist in funding of the new generator leases and report back to the Board on what amounts other localities are charging. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to investigate the feasibility of the County establishing a policy wherein employees can donate sick leave into a sick -day bank for utilization by other employees. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to review the Virginia Cooperative Extension Service and Community Viability Program that is offered by the Virginia Cooperative Extension Service with respect to a youth assessment study being performed in the County. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to follow up on the street lighting request made by the citizens in Walters last year to see if it meets the County's current policy. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw advised the Board that the dedication ceremony for the Zuni historical marker will be conducted on Saturday, March 3, 2007. H Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2- 371I.A.7 of the Freedom of Information Act concerning consultation with legal counsel requiring legal advice pertaining to the Benns Grant project; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring legal advice pertaining to the employment of outside counsel; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel pertaining to annexation; pursuant to Section 2.2- 371I.A.7 concerning consultation with legal counsel pertaining to Board compensation; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel pertaining to probable litigation; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel related to probable litigation; pursuant to Section 2.2- 3711.A.1 relating to discussion concerning terms of employment related to an appointee of the public body; and pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel related to probable litigation related to violation of County ordinances. Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the Closed Meeting. 1I RE At 10: 15 p.m., Supervisor Bradshaw moved that the Board adjourn i meeting. The motion was adopted by a vote of (5-0) with Superviso Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, a no Supervisors voting against the motion. I Phillip A. Bradshaw on