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04-19-2007 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. 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 LuAnn Delosreyes, Administrative Assistant Chairman Ivy called the meeting to order at 6:00 p.m. // Supervisor Bradshaw delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Ivy drew attention to the cameras in the Board Room. He noted this is the first televised edition of the Board of Supervisors’ meeting, which is part of the Board’s ongoing attempt to make the meetings more transparent and convenient for the County’s citizens. // Chairman Ivy called for Approval of the Agenda and requested a section entitled “Board Comments” begin following Citizens Comments on the agenda to allow the Board an opportunity to address any concerns or take action on items presented by citizens during the Citizens Comments section. Supervisor Brown requested that the item pertaining to the Memorandum of Understanding between the Board and the Town of Smithfield regarding the Pinewood Heights Subdivision be moved from the Consent Agenda to Old Business. 1 Interim County Attorney Burton offered the following amendments: Under the County Attorney’s Open Meeting Report, add an item (F), a matter concerning the research of English as the official language of Isle of Wight County pursuant to the request of Supervisor Wright at the Board’s April 5, 2007 meeting; add an Item (G), a matter concerning a proposed contract between H&H Enterprises, Ltd. and the County for the wooden bridge construction at Fort Huger; add an agreement between VDOT and the County regarding emergency signals; add a contract between Macson’s Inc. and the County regarding the abatement of the Isle of Wight County Museum; and add three (3) items under the County Attorney’s Closed Meeting Report. Supervisor Wright requested an item be added under Old Business. Supervisor Brown moved that the Board approve the agenda, as amended. 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 Regional reports. Chairman Ivy reported that the Board has been invited to attend a terrorist disaster event being sponsored by the Hampton Roads Military and th Federal Facilities Alliance on April 25 from 9:00 a.m. until 10:30 a.m. and th again from 1:00 p.m. until 2:30 p.m. and on April 26 from 9:00 a.m. until 10:30 a.m. He advised that the most recent meeting involved the military’s current operation within the Hampton Roads region, which is now being operated similar to that of a business. He further advised that a briefing was also provided by the liaison with Congress. Chairman Ivy advised that the Senior Services of Southeastern Virginia will be holding its Third Annual Recognition Luncheon on May nd 22 at 11:00 a.m. in Portsmouth if any Board member wished to attend. Supervisor Bradshaw advised that the Director of Economic Development, Steven C. Wright, will be attending the Economic Development Alliance meeting next week in his place. Supervisor Clark requested County Administrator Caskey to contact Jones Hook, Executive Director of the Hampton Roads Economic Development Alliance, and extend an invitation to the Alliance members to address the Board at its May 3, 2007 meeting to discuss their position on the Transportation Authority from an economic standpoint. 2 Supervisor Wright reported that he should have an announcement regarding who the new Superintendent of the Western Tidewater Regional Jail is at the Board’s next meeting. Supervisor Brown reported that the Southeastern Public Service Authority Board received a letter from the City of Chesapeake stating that the City is opposed to the misuse of the regional landfill for out-of-area waste. Supervisor Clark reported that the Hampton Roads Planning District Commission is in favor of receiving a decision from all localities by July 2007 as to each localities position on the Hampton Roads Transportation Authority. He stated from all appearances, all surrounding cities are in favor of the creation of a Transportation Authority. Supervisor Bradshaw inquired if there is any way of changing the current make-up of the Board and if the Transportation Authority can be dissolved. Chairman Ivy requested County Administrator Caskey to forward the questions raised by Supervisor Bradshaw to Art Collins, Executive Director, Hampton Roads Planning District Commission. // Chairman Ivy called for Transportation Matters. Sandon S. Rogers, Transportation Planner, addressed the list of VDOT responses to Action Items from various Board meetings through April 5, 2007 for the Board’s information. He noted that MacFarland Neblett, VDOT Residency Administrator, was unable to be present at the meeting tonight. Supervisor Clark inquired about the funding for the gates at the James River Bridge. Mr. Rogers advised that funds in the amount of $3,000 were allocated for the project and were utilized during the design phase by VDOT. Supervisor Bradshaw thanked staff for their efforts in retrieving the funds that the County had paid to repair the dam at Tormentor’s Lake from VDOT. Supervisor Bradshaw requested the status of the work needed in Walters with respect to drainage. 3 Mr. Rogers stated a meeting has been set for the beginning of the week at the site in Walters. He noted that several citizens are anticipated to attend. Supervisor Bradshaw requested the status of the removal of the low- lying limbs on Shiloh Drive and Lovers Lane. Mr. Rogers offered to investigate the status and report back to Supervisors Bradshaw and Wright. Supervisor Bradshaw inquired about the status of installing a reduction in the speed limit coming from the direction of Thomas Woods Trail. Mr. Rogers advised that VDOT is in the review process at this time. Supervisor Clark moved that the Board place Item (H) under Transportation Matters (Rainbow Road) on the Priority Plan (at the end of the List). 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 stated the reflective posts on Sugar Hill Road are a safety issue and VDOT should proceed immediately to install them. Mr. Rogers advised that he has also requested that VDOT install a guardrail along that location at Sugar Hill Road. Supervisor Clark asked Mr. Rogers to investigate and report back on the reason why VDOT has not been able to paint a site line on Reynolds Drive and Smithfield Neck Road. Supervisor Clark inquired if the $300,000 allocation for the three (3) lights at the three (3) fire departments is a sufficient amount. Mr. Rogers replied that the Board previously allocated Revenue Sharing funds with the intention of installing all five (5) signals in the County. Supervisor Bradshaw requested that Mr. Rogers set a meeting with R. L. Walker in Central Hill regarding drainage and include VDOT officials. // Chairman Ivy called for Citizens Comments. David Holland, 800 Riverview Drive in Suffolk and President of Suffolk Oil Company, spoke in opposition to the Hampton Roads 4 Transportation Authority stating it would be a burden on the community. He encouraged the Board to vote in opposition to the proposed Authority and force the legislature to create a better solution. He stated if the Board votes in favor, the County immediately becomes uncompetitive with Surry County and other northern localities. He stated any increase in the tax on gasoline should be statewide, not just in the Tidewater region. He stated while better roads are needed in certain areas, he did not believe the creation of an authority is the answer. He noted that the residents of Suffolk and the County do not want a new rebuilt Route 460. Supervisor Clark agreed that the proposed tax should be state-wide, but the Route 460 realignment is going to happen regardless of the creation of an authority or not. He invited Mr. Holland to attend the Board’s May 3, 2007 meeting at which time the Executive Director of the Hampton Roads Planning District Commission will be addressing with the Board the pros and cons of an authority. // Chairman Ivy called for the County Attorney’s report. Interim County Attorney Burton formally introduced LuAnn Delosreyes, the new Administrative Assistant in the County Attorney’s office. Interim County Attorney Burton introduced a request from H. Woodrow Crook, Jr., on behalf of his client, who wishes to vacate a portion of right-of-way known as Smithfield Street in the Battery Park Subdivision. He requested the Board’s authorization to advertise the matter for public hearing. Supervisor Bradshaw moved that the Chairman authorize the County Attorney’s office to set this matter for public hearing at the Board’s May 24, 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 requested that the Board authorize his office to advertise an amendment to the Noise Ordinance for public hearing at the Board’s May 24, 2007 meeting. Supervisor Clark moved that the Chairman authorize the County Attorney’s office to set this matter for public hearing at the Board’s May 24, 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. 5 Interim County Attorney Burton recommended that the Board execute a resolution on behalf of the Board regarding the termination of a local emergency. Supervisor Clark moved that the Board authorize the Chairman to execute the following Resolution on behalf of the Board: A RESOLUTION TO TERMINATE THE DECLARATION OF A LOCAL EMERGENCY, MADE NECESSARY BY A NORTHEASTER STORM, DECLARED BY THE DIRECTOR OF EMERGENCY MANGEMENT OF ISLE OF WIGHT COUNTY, VIRGINIA ON OCTOBER 7, 2006 WHEREAS, Section 44-146.21 of the Code of Virginia (1950, as amended) prescribes necessary actions precedent to a declaration of a local emergency; and WHEREAS, pursuant to Section 44-1146.21 of the Code of Virginia (1950, as amended), the local Director of Emergency Management, acting with the consent of the governing body, the Isle of Wight County Board of Supervisors (the “Board”), declared an emergency and that such declaration was confirmed by the Board at a meeting within fourteen days of the emergency declaration, as required by law; and WHEREAS, Section 44-146.21 of the Code of Virginia (1950, as amended) prescribes that the governing body, when in its judgment all emergency action have been taken, shall take appropriate action to end the declared emergency; and WHEREAS, the Board is satisfied that all emergency actions have been taken to remedy real and substantial threats to health and safety of persons and property in Isle of Wight County, Virginia, posed by the Northeaster Storm, which necessitated a declaration of local emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia: 1. That it hereby terminates the Declaration of Local Emergency made effective October 7, 2006, at 10:45 a.m., Eastern Daylight Time (EDT), by the Isle of Wight County Director of Emergency Management and confirmed by the Board of Supervisors on October 16, 2006; and such declaration shall be effective at 11:59 p.m., Eastern Daylight Time (EDT), on April 19, 2007. 2. That it understands and confirms that the Declaration of Local Emergency empowered the Director of Emergency Management with special authority and duties; said authority and duties being defined by the laws, 6 rules, regulations and plans of the United States of America, the Commonwealth of Virginia and Isle of Wight County. 3.That it confirms that all needed emergency actions have been taken. 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 pursuant to the request of Supervisor Wright at the Board’s April 5, 2007 meeting, he has researched the Code of Virginia and determined that English has been declared the State’s official language. Interim County Attorney Burton presented a proposed contract between H&H Enterprises, Ltd. and the County for the wooden bridge construction at Fort Huger. Supervisor Clark moved the Board approve the contract between H&H Enterprises, Ltd. and the County and authorize the Chairman to execute it on behalf of 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. Interim County Attorney Burton presented a proposed contract between VDOT and the County for the reimbursement of costs related to the installation of emergency signals in Isle of Wight County. Supervisor Wright moved the Board approve the contract between VDOT and the County and authorized the Chairman to execute it on behalf of 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. Interim County Attorney Burton presented a proposed contract between Macson’s Inc. and the County relative to the demolition and abatement of the basement of the Isle of Wight Museum. Supervisor Bradshaw moved the Board award the contract to Macson’s Inc. and authorize the Chairman to execute the contract on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisor’s 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 four (4) matters to discuss with the Board later during the Closed Meeting. Chairman Ivy requested that two (2) personnel matters be added to the Closed Meeting. 7 Interim County Attorney Burton advised that the following matters are scheduled for public hearing later during the meeting: > Ordinance to Amend Chapter 11, Motor Vehicles and Traffic, Article II, Motor Vehicle Licenses > Ordinance to amend Chapter 15, Taxation, Article IV, Electric and Natural Gas Consumers Tax > Ordinance to Amend Chapter 7, Fire Protection, Article III, Open Burning > Ordinance to Amend Chapter 2, Administration, Article V, Community Development Authorities > Ordinance to Amend Chapter 6, Erosion and Sediment Control > Deed of Bargain and Sale for the consideration of the sale of portion of County-owned property to the Isle of Wight Ruritan Club // Chairman Ivy called for the Parks and Recreation report. Patrick J. Small, Assistant County Administrator, stated pursuant to the Board’s previous request, included in the agenda is a Board Report relative to the acceleration of the pedestrian restroom at Tyler’s Beach. He requested that Parks and Recreation staff be allowed to study operational maintenance issues surrounding the property; that in conjunction with the development of the Hardy Park, staff undertake a citizens’ supported action plan for the use of that property and develop a master plan for its future use; and, that the Board direct staff to again review this issue as part of the Capital Budget process later in the year. Supervisor Bradshaw suggested that Supervisor Brown form a citizens’ committee to review the recreational needs in the Hardy District. He noted that he would like to hear from the citizens in that part of the County what the priority is for that portion of the County. Supervisor Clark commented that a permanent restroom facility at Tyler’s Beach requires monitoring on an intermittent basis for security reasons. He suggested that staff return to the Board with a plan for installing, maintaining and protecting the County’s investment of those facilities. Supervisor Brown moved that the Department of Parks and Recreation be directed to do the following: 8 > Immediately begin studying operational and maintenance issues of the current property; > Undertake a citizen supported action plan for the use of the property and a master plan for its future development during the upcoming fiscal year; > Review the Capital Budget in the upcoming fiscal year for possible changes to the proposed projects and their scheduling. 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. Debbie J. Sivertson, Manager of Historic Resources, requested the Board’s authorization for two (2) additional 2007 Jamestown projects. She advised that staff would be making a request for the remaining funds for the Camptown Memorial School Project. Supervisor Bradshaw moved the Board accept staff’s recommendation and approve the following: > Item #13 (County Historical Society/Shipping costs associated with its update of the Helen Haverty King Historic Houses book and production of the accompanying Driving Tour and Map) in the amount of $1,600. > Item #14 (Department of Parks and Recreation, Division of Historic Resources/Visit by John Smith’s Barge “Explorer”) in the amount of $500. 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 the County Administrator’s report. Supervisor Wright acknowledged the work recently accomplished by Public Works staff at the Stave Mill Convenience Center. He asked that his comments be passed along to Public Works staff. Supervisor Bradshaw acknowledged the beautification effort undertaken by the community on Route 58 at International Paper, which has improved the intersection significantly as a motorist enters the industrial area of the City of Franklin. 9 County Administrator Caskey presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change its Meeting Schedule Adopted by the Board at its Organization Meeting of January 4, 2007 for the Board’s consideration, which sets a special meeting in conjunction with the pending visit from the representatives of Isle of Wight, England. Mr. Small noted that staff’s recommendation is that the Board hold a special meeting on Wednesday, May 9, 2007 in the morning for the purpose of exchanging pleasantries and gifts with the representatives from Isle of Wight, England. He noted a reception is also planned in their honor on May 9, 2007 at The Smithfield Center. He noted an alternative date for the special meeting is May 10, 2007. Supervisor Wright commented that the members of the Western Tidewater Regional Jail Board need to be present at a meeting of that body on May 9, 2007 in the morning. Chairman Ivy recommended that the special meeting be scheduled for May 9, 2007 at the time that the Town of Smithfield’s function begins at The Smithfield Center. Supervisor Bradshaw recommended and Supervisor Wright confirmed that the Town of Windsor would also be present. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO CHANGE ITS MEETING SCHEDULE ADOPTED BY THE BOARD AT ITS ORGANIZATION MEETING OF JANUARY 4, 2007 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has determined that it is necessary to change the meeting schedule adopted by the Board at its organizational meeting of January 4, 2007; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, is desirous of holding a special meeting on May 9, 2007 for the purpose of welcoming the representatives from the Isle of Wight England Council. NOW, THEREFORE, BE IT RESOLVEDthat the Board of Supervisors of the County of Isle of Wight County, Virginia hereby amends its Meeting Schedule adopted at its January 4, 2007 meeting. 10 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 requested Judy Winslow, the County’s Director of Tourism, to provide the Board with an updated agenda for the Isle of Wight, England visitors. He further requested Mrs. Winslow to advise the Town of Smithfield that the County would be presenting its Resolution to the representatives of Isle of Wight, England at that special meeting. // Chairman Ivy called for consideration of the Consent Agenda. A. Virginia Base Mapping Program Road Centerline Program Memorandum of Understanding B. Agreement to provide Cost Allocation Services to the County of Isle of Wight C. Resolution for acceptance of streets into the State Secondary Road System, Smithfield Heights Subdivision Section (4) > Resolution of the Board of Supervisors of Isle of Wight County Requesting Addition of Certain Roads in Smithfield Heights Subdivision, Section (4), into the Secondary System of State Highways D. Planning Commission Action List of March 27, 2007 E. Planning Commission 2006 Annual Report F. Change in Board of Supervisors’ Meeting Schedule > Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change its Meeting Schedule Adopted by the Board at its Organization Meeting of January 4, 2007 G. Delinquent Real Estate Tax Collection Monthly Report H. March 22, 2007 Regular Meeting Minutes Supervisor Clark moved the Board approve the Consent Agenda, as presented. 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 Appointments. Supervisor Bradshaw moved to appoint Jill Peerey to serve on the Blackwater Regional Library, representing the Carrsville District. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion. Supervisor Clark was absent from the vote. // Supervisor Bradshaw moved that 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. // Chairman Ivy called for a public hearing on the following: Proposed Capital Improvements Plan for Fiscal Year 2008-2012. Liesl R. DeVary, Director of Budget and Finance, advised that the Capital Improvement Plan is routinely presented for adoption by the Board in the month of January; however, it is being considered simultaneously with the Board’s annual budget. She noted that due to certain budget constraints, staff is recommending the reduction of approximately $1.2 million in year one in order to mirror recommended reductions in the Capital Budget. She noted the reductions are based on the fact that these items in the Capital Budget can only be funded with operating revenues and in order to minimize the impact to the taxpayers and maintain County operations, staff feels this is the best alternative. She advised that the Capital Plan, as proposed, is in the amount of $98,479,205. Interim County Attorney Burton certified that the Plan was properly advertised. Ms. DeVary, on behalf of Sheriff Phelps, who could not be present tonight, is requesting that the Board consider moving the improvements from the Animal Shelter from Fiscal Year 2010 to Fiscal Year 2009. Chairman Ivy called for those to speak in favor of or in opposition to the proposed Capital Improvements Plan for Fiscal Year 2008-2012. Chairman Ivy closed the public hearing and called for comments from the Board. 12 Supervisor Bradshaw moved the Board adopt the Capital Improvements Plan for Fiscal Year 2008-2012, as amended, in the total amount of $98,479,205, to include the following reductions of “year one” capital expenditures: Capital Proposed CIP Proposed Reduction Project Budget Reserve for $300,000 $150,000 $150,000 Community Center – Town of Windsor Rt. 17 $250,000 0 $250,000 Revitalization Carrsville $250,000 0 $250,000 Streetscape Reserve for $750,000 $500,000 $250,000 PACE Land $500,000 $250,000 $250,000 Preservation Total $2,050,000 $900,000 $1,150,000 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: Proposed FY 2007-08 General Operating and Capital Budget. Ms. DeVary briefed the Board on the Budget, as presented, which is balanced in the amount of $131,135,131, of which the Operating Budget is approximately $94.5 million, which represents a 12% increase over the previous year’s Operating Budget. She stated the Capital Budget is in the amount of $36.6 million and there is an additional $5.2 million in the Public Utilities Budget, for a total Capital Budget of $44 million. She stated a $.01 reduction in the real estate tax rate is proposed, bringing the tax rate to $.52 per $100. She stated staff is recommending an increase in the Consumer Utility Tax on electricity and gas to help offset the cost of the emergency generators, but all other rates remain the same. She stated the major areas of expenditures in this year’s budget are education, public safety, trash disposal and capital improvements. She stated staff is proposing the issuance of bonds in order to fund the Capital Improvement Plan. She stated that the school portion of the total Operating budget is between 65% and 70%. Interim County Attorney Burton certified that the Budget had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed Fiscal Year 2007-2008 General Operating and Capital Budget. 13 Carol Rhodes, Director of Victim and Witness Assistance Program, requested supplemental salary funding, based on other local government levels of funding and support. She stated with her experience, a Masters Degree in Public Administration, and added responsibility, she feels a salary range of $56,000 to $64,000 would be appropriate. She stated the Department of Victim Witness currently performs mandated services making victims and witnesses aware of their rights, such as assistance in obtaining protective Orders, advance notice of court proceedings. helping victims to prepare Victim Impact Statements in felony cases, seeking restitution and retrieving property. She stated this Office serves over 250 victims per year. She stated that she has also instituted use of community service clients for disaster relief. She stated this Office further serves as a representative on the Family Planning Assessment Team. She stated she is active in the Isle of Wight TRIAD Salt Council and she is responsible for the monitoring, collecting and disbursing of restitution in General District Court. She concluded that it is her desire to serve in this position until her retirement and in doing so it is her hope that the funding will be at a level to attract highly qualified candidates to serve the needs of the County’s citizens. Herb DeGroft, 15411 Mill Swamp Road, thanked the Board for its past financial support of seniors’ programs. He mentioned that the “I Ride” program will hopefully become a popular choice for many in the future. He expressed concern that the school budget shows little evidence of the implementation of cost controls. He stated that $1.3 million dollars could be eliminated from the school budget while still addressing needed items in the classroom and teacher’s salaries. He requested that the Board approve the school budget by category so that some form of financial control can be exercised over expenditures. Barry Teller, Director of the Fifth District Community Corrections Program, which is a local probation office that supervises individuals convicted of misdemeanor and non-violent felony offenses which punishment could lead to incarceration of up to one (1) year in jail. He stated approximately 600 individuals are referred to his office for probation. He requested that the current amount allocated to his office be increased from $4,579 to $8,579, which is an increase of 26% of the needed $15,000 to support the hiring of an individual on a part-time basis to serve as an In- take Clerk. Sharon Hart of Carrollton stated she would like to see combined services between the County and the School Board. She recommended that additional bids be solicited if the proposed Courts building is anticipated to cost what the Smithfield Middle School cost two (2) years ago. She stated the school budget could be reduced and she requested the Board to categorically approve the school budget. She stated the salaries of administrative school personnel are top heavy. She compared the Suffolk 14 school system, noting it is twice the size of Isle of Wight and pays its Superintendent $158,467 as compared to Dr. McPherson’s salary of $154,000 including benefits for only nine (9) schools, which is also $32,000 higher than five (5) other counties of comparable size to the County. She stated that administrative costs are $246 per student in the County versus $222 for comparable school districts. She stated that a 10% increase is proposed for teachers with thirty (30) years and she would suggest that they instead be given a bonus at the end of the year for good performance. She stated that the School Board’s travel benefit of $103,000 is too high and the new Director of Facilities and Maintenance was hired at a salary of $90,800, which is outrageous and he should be expected to reduce energy consumption at the cost of his salary. She noted that the County’s teachers with twenty-five (25) years of service are in line with the Cities of Chesapeake, Norfolk, Suffolk and Williamsburg. She stated that the County does not have the income in the budget to compete with cities and the County can not realistically put its salaries at the same level of cities. Chairman Ivy closed the public hearing and called for comments from the Board. Chairman Ivy advised that the Board is required by law to wait seven (7) days before acting on the proposed budget. Chairman Ivy called for a public hearing on the following: 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 651) in the Windsor Election District, and the request to withdraw the 22.53 acres from the Courthouse Agricultural Forestal District. The purpose of the application is to create four (4) single-family residential lots, as conditioned. Interim County Attorney Burton certified that the application had been properly advertised. Beverly H. Walkup, Director of Planning and Zoning, recalled that the application has been referred back to the Planning Commission at the Board’s February 13, 2007 meeting for proper advertisement of the withdrawal of the subject acreage from the Courthouse Agricultural Forestal District. Supervisor Bradshaw commented that the removal of the 22.53 acres from the Courthouse Agricultural Forestal District must be advertised as a separate public hearing from the rezoning public hearing as they are two (2) separate issues under the Constitution of Virginia. 15 Ms. Walkup stated that both Code sections were advertised in the same advertisement, which was approved by the Interim County Attorney. Interim County Attorney Burton advised that the application had been properly advertised; however, if Supervisor Bradshaw would prefer, the Board could hold a separate public hearing on each Code section. Chairman Ivy called for persons to speak in favor of or in opposition to the application of Gayle K. Sawyer, owner, to withdraw the 22.53 acres from the Courthouse Agricultural Forestal District. The purpose of the application is to create four (4) single-family residential lots, as conditioned. Robert Jones, Attorney for the applicant, recalled that this application had been returned to the Planning Commission due to an error in advertising and the Planning Commission is recommending approval to the Board. He stated nothing has changed since the original application came before the Board for consideration. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Board approve the request of Gayle K. Sawyer, owner, for the withdrawal of 22.53 from the Courthouse Agricultural Forestal 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. Chairman Ivy called for a public hearing on the following: 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 651) in the Windsor Election District. The purpose of the application is to create four (4) single- family residential lots, as conditioned. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Attorney Jones reiterated the following conditions: $11,189 per lot will be paid to be evidenced by a note and Deed of Trust upon each of the four (4) rezoned lots with payment to be made to the County at the time each lot is conveyed to another party; each of the four (4) lots resulting from this application shall not be re-subdivided (including family member subdivisions); and that there will be only one (1) curb cut off Trump Town Road to serve Lots (D) and (E). 16 Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved that Board approve the application of Gayle K. Sawyer, owner, to withdraw the 22.53 acres from the original 176 acres to form four (4) lots for a rural residential area, as proffered: > to pay $11,189 per lot to be evidenced by a note and Deed of Trust upon each of the four (4) rezoned lots with payment to be made to the County at the time each lot is conveyed to another party. > that each of the four (4) lots resulting from this application shall not be re-subdivided (including family member subdivisions). > that there will be only one (1) curb cut off Trump Town Road to serve Lots (D) and (E); 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 noted that the Board is in favor of protecting agricultural land in the County through the Purchase Agricultural Conservation Easements program and he recommended that staff review the Zoning Ordinance with respect to providing better protection from fragmented lots. Chairman Ivy called for a public hearing on the following: 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, and the request to withdraw the 14.64 acres from the Courthouse Agricultural Forestal District. The purpose of the application is to create two (2) single-family residential lots, as conditioned: Chairman Ivy called for persons to speak in favor of or in opposition to the application. Gene Barcroft, representing the applicant, requested approval of the request. Chairman Ivy closed the public hearing and called for comments from the Board. 17 Supervisor Bradshaw moved the Board approve the request of B. Wilson Jones, owner, for the withdrawal from the Courthouse Agricultural Forestal 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. Chairman Ivy called for a public hearing on the following: 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. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Gene Barcroft, representing the applicant, noted that the applicant desires to create two (2) lots on the farm where he currently resides. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved to approve the application of B. Wilson Jones with the following conditions: > The rezoning of these two (2) lots to prohibit the re-subdivision of either lot, including family member transfers. > An easement of thirty (30) feet for ingress/egress to Courthouse Highway (Route 258). This easement will be utilized jointly for access for the two (2) lots rather than individual driveways. > A minimum building setback line from Courthouse Highway (Rt.258) of one hundred fifty (150) feet. > A cash proffer in the amount of $11,189 per lot to be secured by deed of trust with payment to be made to the County at the time each lot is conveyed. 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: 18 The application of Donald R. and Pauline T. Suttle, owners, for a Conditional Use Permit to occupy a Manufactured Home, Class B, as a temporary residence for two (2) years while building a single-family dwelling at 32259 Jenkins Mill Road, Franklin, in the Carrsville Election District. Interim County Attorney Burton certified that the application had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Donald R. Suttle, applicant, stated that due to the extensive damage to the existing farmhouse on the property, he is in need of placing a manufactured home on the property to live in while he gets his retirement home built. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Donald R. and Pauline T. Suttle. 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: An Ordinance to Amend the following Sections of Appendix B. Zoning: Nonconforming Situations, Section 1-1020.G.4.a (Expansion/Improvements to Nonconforming Uses and Structures); Section 1-1020.H.1 (Restoration or Replacement); Section 1-1020.H.5 (Restoration or Replacement); Use Types, Section 3-2000 (Agricultural Use Types); Section 3-6000 (Commercial Use Types); Rural Agricultural Conservation (RAC) District, Section 4-2002.A (Permitted Uses); Section 4-2003.E (Conditional Uses); Rural Residential (RR) District, Section 4-3006 (Lot Size Requirements); Limited Commercial (LC) District, Section 4-9002.E (Permitted Uses); General Commercial (GC) District, Section 4-10002.E (Permitted Uses); Limited Industrial (LI) District, Section 4-1102.D (Permitted Uses); Section 4-1105.A.1.a (Bulk Regulations); General Industrial (GI) District, Section 4-12002.D (Permitted Uses); Planned Development Industrial Park (PD-IP) District, Section 4-19002.D (Permitted Uses); Supplementary Use Regulations, Section 5- 2000.A.1.a (Supplementary Density and Dimensional Regulations); Section 5-2000.E.3 (Supplementary Density and Dimensional Regulations); Section 5-2000.H.4 (Supplementary Density and Dimensional Regulations); and Sections 5-5001.B (Supplementary 19 Use Regulations for Agricultural Types) of the Isle of Wight County Zoning Ordinance. Interim County Attorney Burton certified that the ordinance amendment had been properly advertised. Amy Ring, Assistant Director of Planning and Zoning, presented the Ordinance for consideration by the Board. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Billy Gwaltney, 23489 Deer Path Trail, spoke in favor stating that he would like to move a double-wide trailer to agricultural land he owns that is zoned for a single-wide trailer in order to attract better employees. Bobby Wright, 12181 Mill Swamp Road, stated that his wife’s family owns a home at Burwells Bay which was heavily damaged by Hurricane Isabel and he is in favor of the amendment to the Ordinance because it will assist him with restoring the home’s damage. Carlson Jurvis, 12155 Smiths Neck Road, spoke in favor of the Ordinance because it will allow him to make some improvements to his current living conditions. Jean Synder, 114 Henry Clay Road of Newport News, advised that she owns a beach home at Burwells Bay which was heavily damaged by Hurricane Isabel. She noted that the restoration process is a nightmare and anything that simplifies the process is welcome. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Brown moved the Board adopt the following 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. 20 NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County Codebe amended as follows: 1-1020Nonconforming Situations G. Expansion/Improvements to Nonconforming Uses and Structures 4. Minor alterations, cosmetic modifications, interior renovations and similar changes for nonconforming uses or structures may be permitted, subject to the following standards: a. Any building or structure that is conforming as to use, but is nonconforming as to the requirements of this chapter, including floor area, lot, yard, road frontage, setback, parking, loading spaces, fences, signs or height requirements, may be enlarged or structurally altered, if the alteration or enlargement complies with this article. b. Such construction shall meet all current use requirements for the zoning district assigned by the zoning administrator as a part of the nonconforming use verification process. H. Restoration or Replacement 1. A residential or commercial nonconforming structure damaged or destroyed by a natural disaster or other act of God, may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner of the property shall have the right to do so. The owner shall apply for a zoning and building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Flood Plain Management Overlay District as contained in Article VI of this ordinance. Unless such building is repaired or rebuilt and construction completed within two (2) years of the date of the natural disaster or replaced and construction completed within two (2) years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of Section H(2) below. 21 However, if the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, an additional two (2) years shall be provided for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph. a. One (1) extension not exceeding ninety (90) days may be granted by the Zoning Administrator if it is determined that such additional time is required to reasonably complete the construction, repair or rebuild the replacement residence. 3-2000Agricultural Use Types Agriculture- The use of land for the production of food and fiber, including horticulture, hydroponics, truck gardens, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms, and the use of heavy cultivating machinery, and irrigation machinery. This definition shall also include the following uses as accessory uses: grain dryers and related structures, the storage of fertilizer, the storage of petroleum, and the repair of personal farming equipment. Farm Employee Housing- A Manufactured Home, Class A or B, as defined under Residential Use Types, located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multi-family dwelling(s) for seasonal employees in connection with an agricultural use, which relies on seasonal employees who must be housed. Farm Winery - also, “winery,” means an “establishment” as defined in Section 4.1-100 of the Code of Virginia, and where i) the owner shall obtain a farm winery license from the Virginia Alcoholic Beverage Control Board, and ii) a minimum of 51 percent of the fresh fruits or agricultural products used at the Farm Winery for the production of wine shall be grown or produced on the farm and no more than 25 percent of the fruits, fruit juices or other agricultural products shall be grown outside the Commonwealth. Accessory uses at a Farm Winery may include: wine tasting rooms at which wine tasting occurs, accessory food sales related to wine tasting occurs, and wines produced on-site are sold. Viticulture – The cultivation and study of grapes and grapevines. 3-6000Commercial Use Types Lawn and Garden Services – Establishments primarily engaged in performing a variety of lawn and garden services, including bermuda 22 sprigging services, cemetery upkeep, garden maintenance, garden planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn seeding services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges, seeding highway strips, sod laying and turf installation. 4-2000 Rural Agricultural Conservation (RAC) District 4-2002 Permitted Uses A.Agricultural Uses Agriculture ? Agricultural Farming Operation ? Grain Dryer and Related Structures ? Fertilizer Storage ? Assembly and Repair of Farm Equipment ? Accessory Petroleum Storage ? Livestock Operation Aquaculture *Commercial Feedlot Farmer's Market Farm Winery *Forestry Operation ? Forestry, Silvicultural ? Timbering Greenhouse, Private *Livestock Auction Market *Sawmill *Stable, Commercial ? In conjunction with residence ? Not in conjunction with a residence *Stable, Private *Wayside Stand 4-2003Conditional Uses E. Commercial Uses *Agricultural Service ? Commercial Assembly and Repair ? Farm and Forestry Implement Storage, Sales, and Service *Antique Shop *Bed and Breakfast Business or Trade School *Campground *Commercial Indoor Sports and Recreation 23 *Commercial Outdoor Entertainment/Sports and Recreation *Commercial Outdoor Swimming Pool and Tennis Facility *Crematorium Equipment Sales and Rental *Garden Center *Golf Course *Golf Driving Range *Kennel, Commercial Lawn and Garden Services *Marina Veterinary Hospital/Clinic 4-3000 Rural Residential (RR) District 4-3006 Lot Size Requirements A. Minimum lot area: 40,000 square feet B. Minimum lot width: 150 feet C. Minimum lot frontage: 120 feet D. Minimum frontage on cul-de-sac: 75 feet E. Maximum lot size: 10 acres F. No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the required minimum lot area is comprised of one or more of the environmentally sensitive areas cited in Section 5-4000.C.1.a through f. 4-9000Limited Commercial (LC) District 4-9002 Permitted Uses E. Commercial Uses *Antique Shop *Bed and Breakfast Boarding House Business Support Service *Commercial Indoor Sports and Recreation *Construction Office, Temporary *Funeral Home Lawn and Garden Services *Motor Vehicle Parts/ Supply, Retail Personal Improvement Service Personal Service 24 Real Estate Office, Temporary Veterinary Hospital/Clinic GC 4-10000General Commercial () District 4-10002Permitted Uses E. Commercial Uses Agricultural Service ? Farm Supplies, Equipment Sales and Service ? Commercial Assembly and Repair of all equipment normally used in Agricultural, Silvicultural, and Horticultural Operation ? Farm and Forestry Implement Storage, Sales and Service *Antique Shop Auction Establishment *Bed and Breakfast Business Support Service Business or Trade School Commercial Indoor Amusement Commercial Indoor Entertainment *Commercial Indoor Sports and Recreation *Construction Office, Temporary Construction Sales and Service *Funeral Home *Garden Center *Golf Course Hospital Hotel/Motel/Motor Lodge/Inn *Marina Lawn and Garden Services Medical Clinic *Motor Vehicle Dealership/New *Motor Vehicle Parts/Supply and Retail *Motor Vehicle/ Rental *Motor Vehicle Repair Service/ Minor Pawn Shop Personal Improvement Service Personal Service Restaurant, General Retail Sales Studio, Fine Arts Taxidermy Veterinary Hospital/Clinic 4-11000Limited Industrial (LI) District 25 4-11002Permitted Uses D. Commercial Uses Agricultural Service ? Commercial Assembly and Repair of all equipment normally used in Agricultural, Silvicultural, and Horticultural Operation Business or Trade School Car Wash *Commercial Indoor Sports and Recreation *Construction Office, Temporary Laundry Lawn and Garden Services *Mini Warehouse Motor Vehicle/Outdoor Storage *Motor Vehicle Repair Service/ Major Truck Stop 4-11005Bulk Regulations A. Maximum height of structures: 1. All structures: 75 a. The height limit shall be thirty five (35) feet in height. The height limit for principal structures may be increased to fifty (50) feet or up to five (5) stories, whichever is lesser; provided, that each required yard is increased one (1) foot for each additional foot of principal structure height over 35 feet. 4-12000 General Industrial (GI) District 4-12002 Permitted Uses D. Commercial Uses *Adult Entertainment Establishment Agricultural Service ? Commercial Assembly and Repair of all equipment normally used in Agricultural, Silvicultural, and Horticultural Operation *Construction Office, Temporary Equipment Sales and Rental Laundry Lawn and Garden Services *Mini Warehouse 26 Motor Vehicle/Outdoor Storage 4-19000Planned Development Industrial Park (PD-IP) District 4-19002Permitted Uses D. Commercial Uses Agricultural Service ? Farm Supplies, Equipment Sales and Service ? Commercial Assembly and Repair of all equipment normally used in Agricultural, Silvicultural, and Horticultural Operation Business Support Service *Construction Office, Temporary *Convenience Store Equipment Sales and Rental *Gasoline Station Laundry Lawn and Garden Services *Marina *Mini Warehouse *Motor Vehicle Parts / Supply, Retail *Motor Vehicle/Rental *Motor Vehicle Repair Service/ Minor Personal Improvement Service Personal Service Restaurant, General 5-2000Supplementary Density and Dimensional Regulations A. Accessory Building Requirements 1. The following provisions shall regulate the location of accessory buildings with respect to required yards: a. Accessory buildings shall be prohibited in any required yard which adjoins a street, except as permitted under Section 5-2000.E.3. b. Accessory buildings shall be located at least five (5) feet from any required rear lot boundary lines. c. Where an accessory building is located in a zoning district requiring a side yard and such building is entirely to the rear of the principal structure, the accessory building shall be located at least five (5) feet from any adjoining lot line. 27 d. Accessory buildings shall not exceed the maximum height restriction for the zone in which such structures are located, except as specified in Section 5-2000.D.2. E. Building setback requirements 3. Front yard requirements in developed areas Where existing buildings or structures occupy lots comprising at least fifty percent (50%) of the lots within a block, and the average front yard depth of the existing buildings or structures is less than that required by this ordinance, the average so established may be taken in lieu of that which is normally required, provided that in no case shall a front yard depth so determined be less than twenty (20) feet, or less than the setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of this calculation, lots on the same side of a street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered. H. Projections and yard setback modifications 4. Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer than three (3) feet to the side lot line, and may not exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) BTU or less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of side yard lines, other than side yard lines adjacent to streets. 5-5000 Supplementary Use Regulations 5-5001 Supplementary Use Regulations for Agricultural Use Types B. Farm Employee Housing 1. An accessory Manufactured Home (Class A or B), may be erected upon the approval of a Conditional Use Permit as an accessory use to an agricultural use exclusively for a farm 28 employee, and his/her family, in accordance with the following requirements: a. The manufactured home shall be removed when it is no longer occupied by a farm employee. b. No more than one (1) farm employee manufactured home for every twenty-five (25) acres of land, or portion thereof, in agricultural use shall be permitted. c. A Class B manufactured home previously approved under Conditional Use Permit for Farm Employee Housing may be replaced with a Class A manufactured home provided a zoning and building permit is obtained. 2. Multi-family housing may be constructed upon the approval of a Conditional Use Permit for agricultural uses that rely on temporary seasonal employees. Such housing shall only be used to accommodate temporary seasonal employees during periods of their employment as a farm employee of the agricultural use. To construct multi-family housing for farm employees a conditional use permit must be obtained from the Board of Supervisors. I. Farm Winery 1. Facilities for fermenting and/or bottling wine shall not be established until the vineyard, orchard or other growing area has been established and is in production; 2. The area for wine-tasting and accessory food sales shall not exceed 25 percent of the area of the structures at a Farm Winery; 3. Daily tours of a farm winery shall be permitted; 4. Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at a farm winery on a single day for which attendance is allowed only by invitation or reservation and whose participants do not exceed three hundred (300) persons. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other events conducted for the purposes of marketing wine. A conditional use permit may authorize the number of special events per year to exceed twelve (12) per year, or the number of allowed participants at any event to exceed three hundred (300) people, or both; 5. Festivals shall be permitted up to four (4) times per year. For the purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is 29 open to the general public and conducted for the purpose of marketing wine; 6. Festivals or special events with more than three hundred (300) participants as defined in this section shall be subject to the provisions in Chapter 11.1 of the County Code. 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 public hearing on the following: Ordinance to Amend Chapter 11, Motor Vehicles and Traffic, Article II, Motor Vehicle Licenses. Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor or in opposition. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: ANORDINANCETOAMEND CHAPTER11.MOTORVEHICLESANDTRAFFIC. ARTICLEII.MOTORVEHICLELICENSES. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has determined that in order to reduce confusion among the citizens of Isle of Wight County as to which motor vehicles are subject to the Isle of Wight County motor vehicle license tax pursuant to Chapter 11, Article II of the Isle of Wight County Code; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 11. Motor Vehicles and Traffic. Article II of the Isle of Wight County Code be amended as follows: Sec. 11-3. Required generally. For each license tax year as hereinafter provided for, every resident of the county who shall own a motor vehicle which is normally garaged, stored or parked in the county shall pay a vehicle license tax on every such motor 30 vehicle as hereinafter provided for except as herein otherwise specifically provided. Every owner of a motor vehicle which comes subject to this article between December 5 and December 4 of the following license tax year, shall pay the license tax herein prescribed and otherwise comply with the provisions of this article within thirty (30) days after becoming so subject. If a town within Isle of Wight County imposes like fees and taxes on vehicles of owners resident in the town, the owner of any vehicle subject to the fees or taxes shall be entitled, on the owner’s displaying evidence that he has paid the fees or taxes, to receive credit on the fees or taxes imposed by this county to the extent of the fees or taxes he has paid to the town. Provided, however, not more than one license plate in addition to the state plate shall be required. Isle of Wight County may enter into compacts for the regional enforcement of local motor vehicle license requirements to require the owner or operator of any motor vehicle, trailer, or semi trailer to display on his vehicle a valid local license issued by another county, city, or town that is a party to the regional compact, provided that the owner or operator is required by the jurisdiction of situs, as provided in Section 58.1-3511 of the Code of Virginia (1950), as amended, to obtain and display such license. Sec. 11-3.1 Exception. Notwithstanding any other provisions of this Article II, a resident of the county who owns a motor vehicle shall not be required to pay a license tax if such motor vehicle is stored on private property for a period not in excess of sixty (60) days, for the purpose of removing parts for the repair of another vehicle. In addition, nothing in this Article II shall apply to any vehicle being held or stored by or at the direction of any governmental authority, to any vehicle owned by a member of the armed forces on active duty, or to any vehicle regularly stored within a structure. For purposes of this Section 11-3.1, the term “structure” shall have the same meaning as that ascribed to it in accordance with the Isle of Wight County Zoning Ordinance, as it may be amended from time to time. Sec. 11-4. Tax Year. th The license tax year shall commence on the fifth (5) day of December th of each year and shall expire on the fourth (4) day of December of each th succeeding year. Every license tax shall become assessable on December 5 of each and every license tax year and every license issued upon the payment of the license tax thereon shall expire at the end of the license year in which the same is issued. The license taxes prescribed herein shall be th paid for each license year not later than December 5 of each and every such license tax year. 31 Sec. 11-5. Applications; issuance. Every owner of a motor vehicle subject to this article shall make application for the license herein required to the County Treasurer at such place or places as the Treasurer may designate, upon form prescribed by the Treasurer, containing the name and address of the owner and description of the motor vehicle to be licensed, and, upon such form shall appear the registration number assigned to the motor vehicle licensed hereunder and to the owner thereof. No motor vehicle subject to this article shall be locally licensed by the county unless and until the applicant for such license shall have produced satisfactory evidence to the Treasurer of the county that all personal property taxes upon the motor vehicle to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle, trailer or semi trailer personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by the county. Provided, further, that no motor vehicle license shall be issued unless the tangible personal property taxes properly assessed or assessable by Isle of Wight County on any tangible personal property used or usable as a dwelling titled by the Department of Motor Vehicles owned by the taxpayer have been paid. And, provided further, that if the situs for the vehicle is within Isle of Wight County, all personal property taxes assessed by either the county or the town on said vehicle must be paid before licensure of such vehicle by either the county or the town. Sec. 11-6. Amount of tax – Generally. A license tax of Eighteen Dollars ($18.00) for each license tax year, as hereinafter provided for, is hereby imposed on each and every motorcycle, motor scooter, motorbike or other motor vehicle of like design or similar thereto to which this article is applicable, and a license tax of Twenty Dollars ($20.00) for each license tax year, as hereinafter provided for, is hereby imposed on each and every other kind and type of motor vehicle to which this article is applicable. A license tax of Ten Dollars ($10.00) for each license year, as hereinafter provided for, is hereby imposed on the following: each National Guard license plate with “NG” and each farm truck license plate with an “F”. Vehicles with “Farm Use” license plates are not subject to a license fee. Local licenses may be issued free of charge for any and all of the following: (i) vehicles owned by volunteer rescue squads; (ii) vehicles owned by volunteer fire departments; (iii) vehicles owned by active members of volunteer rescue squads; (iv) vehicles owned by active members of volunteer fire departments; (v) vehicles owned by auxiliary police officers; (vi) vehicles owned by disabled veterans; and (vii) vehicles owned by former prisoners of war. In the case of active members of volunteer rescue squads, volunteer fire departments and auxiliary police officers, applications for such licenses shall be accompanied by written evidence, in a 32 form acceptable to the Isle of Wight County Treasurer, of their active membership, and no member shall be issued more than one such license free of charge. Sec. 11-7. Same – Proration; Refunds. In no event shall an owner of a motor vehicle subject to this article be entitled to proration or refund of the license tax. Sec. 11-8. Same – Upon sale or transfer of licensed vehicle. Any owner of a motor vehicle who sells or transfers a motor vehicle subject to this article and simultaneously therewith acquires another motor vehicle subject to this article in such owner’s name shall, upon application to the Treasurer on forms prescribed by the Treasurer containing the name and address of the owner, the registration number of the license previously issued for and a description of the motor vehicle for which such license had been issued and the name and address of the owner and a description of the motor vehicle so acquired to be licensed and the payment to the Treasurer of a license tax as so set forth in Section 11-6 above, be issued another license and registration number for each motor vehicle so acquired; provided, that the motor vehicle for which such license and registration number are to be issued and upon which the same are to be used shall be titled and registered in the name of the owner to whom the license and registration number was originally issued. Sec. 11-9. Records. The Isle of Wight County Treasurer shall keep a record of each license tax paid, license issued, and registration number given, along with the name and address of the owner of the motor vehicle to whom such license is issued and a description of the motor vehicle for which such license is issued. Sec. 11-10. Enforcement of article generally. This article shall be enforced by the Sheriff, Deputy Sheriffs and all police officers of the county and may also be enforced by the Virginia State Police, all of whom are hereby authorized and empowered to issue the summons or notice for violations of this article. Sec. 11-11. Arrests and warrants. Whenever any person is arrested for a violation of any provision of this article, the arresting officer shall take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify such person in writing to appear at a time and place to be specified in such summons or notice, such time to be at least five (5) days 33 after such arrest unless the person arrested shall demand an earlier hearing. Such arresting officer shall thereupon and upon the giving by such person of his written promise to appear at such time and place forthwith release him from custody. Any person refusing to give such written promise to appear shall be taken immediately by the arresting officer before an officer authorized to issue criminal warrants and admit to bail in the county. Such authorized officer, if he has reasonable grounds upon which to believe that the person arrested has violated any of the provisions of this article, shall issue a warrant for such violation. The person arrested shall be released if no warrant is issued or upon entering into a recognizance with surety or giving his personal recognizance and depositing, or causing to be deposited, in cash the amount of bail required to be furnished with such judicial officer. Such judicial officer shall give an official receipt for funds so deposited. Sec. 11-12. Certain unlawful acts enumerated. It shall be unlawful for any person subject to this article: (a) To operate a motor vehicle subject to this article upon the public th streets, highways and roads in the county, after December 5 of each and every license tax year, without first paying the license tax prescribed herein; (b) To willfully violate any written promise, given in accordance with this article to appear at the time, place and before the county designated in any written summons or notice issued pursuant to and for any violation of this article and which shall be in addition to and regardless of the disposition of the charge upon which he was originally summoned; or (c) To make and file a false application for a license or a false affidavit. Sec. 11-13. Late Payments; Collections; Penalties. Any person failing to properly pay the license tax set forth herein shall be subject to late payment penalties and/or a collection fee of Thirty Dollars ($30) as may be reasonably determined by the Isle of Wight County Treasurer. Any person violating any of the provisions of this article shall be deemed guilty of a Class 4 misdemeanor (as defined by the Code of Virginia), and, upon conviction thereof, shall be punished by fine not to exceed Two Hundred Fifty Dollars ($250.00). A violation of this article may be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license tax has been paid. 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. 34 Chairman Ivy called for a public hearing on the following: Ordinance to amend Chapter 15, Taxation, Article IV, Electric and Natural Gas Consumers Tax. Interim County Attorney Burton certified that the Ordinance had been properly advertised; however, the Ordinance contained in the agenda reflected inaccurate decimal numbers, which he has corrected to be .014766 per kilowatt hour for electric and .1867 per cubic feet for gas. Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor or in opposition. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15. TAXATION. ARTICLE IV. ELECTRIC AND NATURAL GAS CONSUMERS TAX. SECTION 15-11. ELECTRIC UTILITY CONSUMER TAX. AND SECTION 15-12. LOCAL NATURAL GAS UTILITY CONSUMER TAX BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 15, Taxation, Article IV, Electric and Natural Gas Consumers Tax, Section 15-11, be amended to read as follows: Sec. 15-11. Electric Utility Consumer Tax. (a) In accordance with Virginia Code Section 58.1-3814 it is hereby imposed and levied a monthly tax on each purchase of electricity delivered to consumers by a service provider, classified as determined by such provider, as follows: (1) Residential consumers: Such tax shall be twenty percent (20%) times the minimum monthly charge imposed by the service provider plus the rate of $.015626 on each kWh delivered monthly to residential consumers by the service provider, not to exceed $3.00 monthly. (2) Non-residential consumers: Such tax on non-residential consumers shall be at the rates per month for the classes of non-residential consumers as set forth below: 35 (i) Commercial/Industrial consumers: Such tax shall be twenty percent (20%) times the minimum monthly charge imposed by the service provider plus the rate of $.014766 on each kWh delivered monthly, not to exceed $200.00 per month. (3) The conversion of tax, pursuant to this ordinance, to monthly kWh delivered shall not be effective before the first meter reading after December 31, 2000; prior to which time the tax previously imposed by this jurisdiction shall be in effect. (b) Exemptions: The following consumers of electricity are exempt from the tax imposed by this Section. (1) Any public safety agency as defined in Virginia Code Section 58.1-3813.1. (2) The United States of America, the Commonwealth and the political subdivisions thereof, including this jurisdiction. (3) Any property owned and exclusively occupied or used by churches or religious bodies for religious worship or for the residences of their ministers, as permitted by Virginia Code Section 58.1-3816.2. (c) Billing, collection and remittance of tax: The service provider shall bill the electricity consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall remit the same to this jurisdiction on a monthly basis. Such taxes shall be paid by the service provider on a monthly basis. Such taxes shall be paid by the service provider to this jurisdiction in accordance with Virginia Code Section 58.1- 3814, paragraphs (F) and (G), and Virginia Code Section 58.1-2901. If any consumer receives and pays for electricity but refuses to pay the tax imposed by this section, the service provider shall notify this jurisdiction of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and, upon collection of the bill or any part thereof, must apportion the net amount collected between the charge for electric service and the tax and remit the tax portion to this jurisdiction. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to this jurisdiction. (d) Computation of bills not on monthly basis: Bills shall be considered as monthly bills, for the purposes of this ordinance, if submitted 12 times per year at approximately one month each. Accordingly, the tax for a bi-monthly bill (approximately 60 days) shall be determined as follows: (i) the kWh will be divided by two (2); (ii) a monthly tax will be calculated 36 using the rates set forth above; (iii) the tax determined by (ii) shall be multiplied by two (2); (iv) the tax in (iii) may not exceed twice the monthly “maximum tax”. AND BE IT FURTHER ORDAINED THAT Chapter 15, Taxation, Article IV, Electric and Natural Gas Consumers Tax, Section 15-12, be amended to read as follows: Sec. 15-12. Local Natural Gas Utility Consumer Tax. (a) In accordance with Virginia Code Section 58.1-3814, there is hereby imposed and levied a monthly tax on each purchase of natural gas delivered to consumers by pipeline distribution companies and gas utilities classified by “class of consumers” as such term is defined in Virginia Code Section 58.1-3814 (J), as follows: (1) Residential consumers: Such tax on residential consumers of natural gas shall be twenty percent (20%) times the minimum monthly charge imposed by the service provider plus the rate of $0.1867 per CCF delivered monthly to residential consumers, not to exceed $3.00 per month. (2) Non-residential consumers: Such tax on non-residential consumers shall be at the rates per month shown on each CCF delivered by a pipeline distribution company or a gas utility for the classes as set forth below: (i) Commercial/Industrial consumers: Such tax shall be twenty percent (20%) times the minimum monthly charge imposed by the service provider plus the rate of $0.15716 on each CCF delivered monthly to commercial/industrial consumers, not to exceed $200.00 per month. (3) The conversion of tax, pursuant to this ordinance, to monthly CCF delivered shall not be effective before the first meter reading after December 31, 2000; prior to which time the tax previously imposed by this jurisdiction shall be in effect. (b) Exemptions. The following consumers of natural gas shall be exempt from the tax imposed by this Section. (i) Any public safety agency as defined in Virginia Code Section 58.1-3813.1. (ii) The United States of America, the Commonwealth and the political subdivisions thereof, including this jurisdiction. (iii) Any property owned and exclusively occupied or used by churches or religious bodies for religious worship or for the 37 residences of their ministers as permitted by Virginia Code Section 58.1- 3816.2. (c) Billing, collection and remittance of tax: The service provider shall bill the natural gas consumer tax to all users who are subject to the tax and to whom it delivers natural gas and shall remit the same to this jurisdiction on a monthly basis. Such taxes shall be paid by the service provider on a monthly basis. Such taxes shall be paid by the service provider to this jurisdiction in accordance with Virginia Code Section 58.1- 3814, paragraphs (H) and (I), and Virginia Code Section 58.1-2901. If any consumer receives and pays for natural gas billed but refuses to pay the tax imposed by this section, the service provider shall notify this jurisdiction of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and, upon collection of the bill or any part thereof, must apportion the net amount collected between the charge for natural gas and the tax and remit the tax portion to this jurisdiction. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to this jurisdiction. (d) Computation of bills not on monthly basis: Bills shall be considered as monthly bills, for the purposes of this ordinance, if submitted 12 times per year at approximately one month each. Accordingly, the tax for a bi-monthly bill (approximately 60 days) shall be determined as follows: (i) the CCF will be divided by two (2); (ii) a monthly tax will be calculated using the rates set forth above; (iii) the tax determined by (ii) shall be multiplied by two (2); (iv) the tax in (iii) may not exceed twice the monthly “maximum tax”. This ordinance is to take effect on all electric and gas utility bills on or st after the 1 day of July 2007. 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: Ordinance to Amend Chapter 7, Fire Protection, Article III, Open Burning. Interim County Attorney Burton certified that the Ordinance had been properly advertised. He advised that the proposed Ordinance meets the approval of the State Air Pollution Control Board and any change to be made by the Board must be resubmitted to the State Air Pollution Control Board before the Board could approve it. He further advised that he had 38 received calls from Clare Kimmel and Mrs. Coon and addressed their concerns prior to the meeting. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Clare Kimmel inquired the reasoning behind why the Ordinance was created, i.e., air quality issue versus safety? She further inquired what is done with any collected wood. She requested clarification that the $25 permit fee only applies to those individuals with debris waste and landfill waste and the timeframe in which burning efforts can and can not be performed. She asked if there is any plan in the future for County pick-up. Ms. Ring verified that air quality is the main reason why the Ordinance is being proposed. Supervisor Clark commented that the County is too large and rural for pick-up services. He advised Ms. Kimmel that the County is in the process of implementing a new chipper program and that she could dispose of her wood at any of the local convenience centers. Supervisor Bradshaw commented that Section 7-8, Enforcement of the Fire Code, appears to give the enforcement of the fire code to the Director of Emergency Services. He requested Interim County Attorney Burton and County Administrator Caskey investigate and provide written clarification to the Board regarding whether or not the Director of Emergency Services can supersede the Fire Chief. Chairman Ivy recommended that the job responsibilities of the Director of Emergency Services be reviewed during the Strategic Plan. He commented that he sees the real problem being the inability of the County to enforce the Virginia Statewide Fire Prevention Code. Supervisor Wright commented that the various volunteer fire and rescue personnel have saved the County countless dollars and the Board should be very careful not to agitate the Volunteer Fire and Rescue Association members. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance and direct Interim County Attorney Burton and County Administrator Caskey brief the Board on Section 7-8 and how it applies to the inner-workings with the County’s various fire organizations: ANORDINANCETOAMEND CHAPTER7.FIREPROTECTION. 39 ARTICLEIII.OPENBURNING. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, is committed to ensuring the safety and security of its citizens and their property within Isle of Wight County; and WHEREAS, it is the intent of the Board of Supervisors to provide for such safety and security by enacting fire protection regulations that are effective in preventing loss of life or property; NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 7. Fire Protection. Article I. Section 7-1.1 of the Isle of Wight County Code is hereby rescinded and the remaining sections of Section 7-1.1 renumbered accordingly; and BE IT FURTHER RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 7. Fire Protection. Article III. Open Burning. be amended as follows: Article III. Open Burning. Sec. 7-5. Purpose. The purpose of this Article III is to protect public health, safety and welfare by regulating open burning within Isle of Wight County, Virginia to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This Article III is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. Sec. 7-6. Fire Code Adoption. Pursuant to the provisions of Section 27-97 of the Code of Virginia (1950, as amended), those provisions contained within the Virginia Statewide Fire Prevention Code relating to open burning, fire lanes, fireworks and hazardous materials are hereby adopted. Sec. 7-7. Definitions. (a) For purposes of this Chapter 7, Article III, the following words or phrases shall have the meaning given to them in this section: (1) “Automobile graveyard” means any lot or place that is exposed to the weather and upon which more than five (5) motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found. 40 (2) “Built-up area” means any area with a substantial portion covered by industrial, commercial or residential buildings. (3) “Clean burning waste” means waste that is not prohibited to be burned under this ordinance and that consists only of (i) 100% wood waste, (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 100% mixture of only any combination of wood waste, clean lumber, clean wood or yard waste. (4) “Clean lumber” means wood or wood products that have been cut or shaped and include wet, air-dried and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol and creosote. (5) “Clean wood” means uncontaminated natural or untreated wood. Clean wood includes, but is not limited to, byproducts of harvesting activities conducted for forest management or commercial logging, or mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It does not include wood that has been treated, adulterated, or chemically changed in some way; treated with glues, binders or resins; or painted, stained, or coated. (6) “Construction waste” means solid waste that is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings and other structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. (7) “Debris waste” means wastes resulting from land-clearing operations. Debris wastes include but are not limited to stumps, wood, brush, leaves, soil and road spoils. (8) “Demolition waste” means that solid waste which is produced by the destruction of structures or their foundations, or both, and includes the same materials as construction waste. (9) “Garbage” means readily putrescible discarded materials composed of animal, vegetable or other organic matter. (10) “Hazardous waste” means “hazardous waste” as described in 9 VAC 20-60, Hazardous Waste Management Regulations. 41 (11) “Household waste” means any waste material, including garbage, trash and refuse derived from households. For purposes of this Article III, households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. Household wastes do not include sanitary waste in septic tanks (septage) that is regulated by state agencies. (12) “Industrial waste” means any solid waste generated by a manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and waste treatment. This term does not include mining waste or oil and gas waste. (13) “Junkyard” means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. (14) “Landfill” means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill as such terms are defined under the Solid Waste Management Regulations located in Title 9, Agency 20, Chapter 80, Section 10 of the Virginia Administrative Code. (15) “Local landfill” means any landfill located within Isle of Wight County. (16) “Open burning” means the combustion of solid waste without: (i) control of combustion air to maintain adequate temperature for efficient combustion; (ii) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (iii) control of the combustion products’ emission. (17) “Open pit incinerator” means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of 42 combustion by-products emitted into the atmosphere. The term includes trench burners, air curtain incinerators and over draft incinerators. (18) “Refuse” means all solid waste products having the characteristics of solids rather than liquids and that are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from clean-up of spills or contamination or other discarded materials. (19) “Salvage operation” means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. (20) “Sanitary landfill” means an engineered land burial facility for the disposal of household waste that is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, construction, demolition, or debris waste and nonhazardous industrial solid waste. (21) “Smoke” means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. (22) “Special incineration device” means an open pit incinerator, conical or teepee burner, or any other device specifically designed to provide good combustion performance. (23) “Wood waste” means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings and shavings. Wood waste does not include: (i) grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands; (ii) construction, renovation or demolition wastes; or (iii) clean lumber. (24) “Yard waste” means grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining 43 yards or other private or public lands. Yard waste does not include (i) construction, renovation and demolition wastes or (ii) clean wood. Sec. 7-8. Enforcement of Fire Code. The Isle of Wight County Director of Emergency Services is hereby appointed as fire official for purposes of this Chapter 7, Article III and shall be vested with the authority to enforce those provisions of the Virginia Statewide Fire Prevention Code, or such other more restrictive regulations, as the Isle of Wight County Board of Supervisors may deem appropriate. Sec. 7-9. Certain Open Burning Prohibited During Certain Hours Between February 15 and April 30. During the period beginning February 15 and ending April 30 of each year, it shall be unlawful in the County for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within three hundred feet of any woodland, brushland or field containing dry grass or other inflammable material between the hours of 12:00 midnight and 4:00 p.m. Sec. 7-10. Prohibitions on Open Burning. (a) No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of refuse except as provided in this Chapter 7, Article III. (b) No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. (c) No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of hazardous waste or containers for such materials. (d) No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the destruction of commercial/industrial waste. (e) Other than permitted under Section 7-12(c) below, no owner or other person shall cause or permit open burning of debris waste within: (i) a single-family residential subdivision of more than five (5) lots platted at the same time or any other improvements associated with such subdivision; or (ii) any other lot designated for multi-family or any other non-residential use. 44 (f) Open burning or the use of special incineration devices permitted under the provisions of this Chapter 7, Article III does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries that may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this Chapter 7, Article III. In this regard, special attention should be directed to Section 10.1-1142 of the Code of Virginia (1950), as amended, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board’s Regulations for the Control and Abatement of Air Pollution. (g) Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in 9 VAC 5-70-10 et. seq. or when deemed advisable by the State Air Pollution Control Board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device; and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. Sec. 7-11. Exemptions. (a) The following activities are exempted to the extent covered by the State Air Pollution Control Board’s Regulations for the Control and Abatement of Air Pollution: (1) Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; (2) Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; (3) Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; (4) Open burning for forest management and agriculture practices approved by the State Air Pollution Control Board; and (5)Open burning for the destruction of classified military documents. Sec. 7-12. Permissible open burning. 45 (a) Open burning is permitted on-site for the destruction of leaves and tree, yard and garden trimmings located on the premises of private property by the residents of such property, provided that the following conditions are met: (1) The burning takes place on the premises of the private property; (2) The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and (3) No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road. (b) Open burning is permitted for the disposal of household waste by homeowners or tenants, provided that the following conditions are met: (1) The burning takes place on the premises of the dwelling; (2) Animal carcasses or animal wastes are not burned; (3) Garbage is not burned; (4) The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and (5) No regularly scheduled public or private collection service for such refuse is available at the adjacent street or public road. (c) Open burning is permitted on-site for destruction of debris waste resulting from the development or modification of roads and highways by or authorized by the Virginia Department of Transportation, railroad tracks, pipelines, power and communication lines, sanitary landfills, or from other public clearing operations that may be approved by the Isle of Wight County Board of Supervisors, provided that the following conditions are met: (1) All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the Isle of Wight County Director of Emergency Services; (2) The material to be burned shall consist of brush stumps and similar debris waste and shall not include demolition material; 46 (3) The burning shall be at least 500 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; (4) The burning shall be conducted at the greatest distance practicable from highways and air fields; (5) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced; (6) The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and (7) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. (d) Open burning is permitted for destruction of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided that the following conditions are met: (1) The burning shall take place on the premises of a local sanitary landfill that meets the provisions of the regulations of the Virginia Waste Management Board; (2) The burning shall be attended at all times; (3) The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning waste, clean burning debris waste, or clean burning demolition waste; (4) All reasonable effort shall be made to minimize the amount of material that is burned; and (5) No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and Isle of Wight County Director of Emergency Services; no other site shall be used without the approval of these officials. The Isle of Wight County Director of Emergency Services shall be notified of the days during which the burning will occur. (e) Sections 7-12(a) through 7-12(d) notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during May, June, July, August, or September. 47 Sec. 7-13. Permits. (a) When open burning of debris waste in accordance with Section 7-12(c) or open burning of debris on the site of a local landfill in accordance with Section 7-12(d) is to occur within Isle of Wight County, the person responsible for the burning shall obtain a permit from the Director of Emergency Services prior to the burning. Such a permit may be granted only after confirmation by the Director of Emergency Services that the burning can and will comply with the provisions of this ordinance and any other conditions that are deemed necessary to ensure that the provisions of the State Air Pollution Control Board’s Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by the Director of Emergency Services. (b) Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from the Director of Emergency Services, such permits to be granted only after confirmation by the Director of Emergency Services that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by the Director of Emergency Services to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions: (1) All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. (2) The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. (3) The burning shall be at least 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Director of Emergency Services determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased. (4) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. 48 (5) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. (6) The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. (c) An application for a permit under subsections (a) and (b) of this Section shall be accompanied by a processing fee of Twenty-Five Dollars ($25.00) per permit. Sec. 7-14. Notice. In order to protect the health and safety of the other citizens of Isle of Wight County, all citizens engaged in open burning are encouraged to call the Isle of Wight County Emergency Communications Center to advise the County of that citizen’s intent to engage in open burning practices. It is the intention of the Isle of Wight County Board of Supervisors that such notice will reduce the number of unnecessary dispatches of Isle of Wight County fire fighting personnel. The failure of a citizen to notify the Emergency Communications Center prior to or during an open burning shall not, unless otherwise provided herein, constitute a violation of this ordinance. Sec. 7-15. Penalties. Except as provided in Section 7-14, any person violating any provisions of this Chapter 7, Article III shall be guilty of a class 1 misdemeanor. 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 County Attorney and the County Administrator brief the Board of Supervisors on Section 7-8 of the Fire Protection Ordinance and how that applies with the workings of the volunteer fire 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. Chairman Ivy called for a public hearing on the following: Ordinance to Amend Chapter 2, Administration, Article V, Community Development Authorities. Interim County Attorney Burton certified that the Ordinance had been properly advertised. 49 Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor or in opposition. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: ANORDINANCETOAMEND CHAPTER2.ADMINISTRATION. WHEREAS, the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia (1950, as amended) (the “Act”) empowers any county, by ordinance, to elect to assume the power to consider petitions for the creation of community development authorities in accordance with the Act; and WHEREAS, following a public hearing held in accordance with the Act, the Board of Supervisors of Isle of Wight County has determined that it is in the best interest of Isle of Wight County, Virginia (the “County”) for the County to elect to assume such power to consider petitions for the creation of community development authorities. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 2. Administration. of the Isle of Wight County Code be amended by adding the following: Article V. Community Development Authorities. For state law as to authority of county to consider the creation of community development authorities, see Code of Va., § 15.2-5152. Sec. 2-14. Generally. (a) The County hereby elects to assume the power to consider petitions for the creation of community development authorities in accordance with the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia (1950, as amended). 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: 50 Ordinance to Amend Chapter 6, Erosion and Sediment Control. Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor or in opposition. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: EROSION AND SEDIMENT CONTROL ORDINANCE Adopted May 20, 2004 Amended April 19, 2007 AI.IG RTICLE N ENERAL Section 6-1 Purpose of Chapter. The purpose of this chapter is to provide for, both during and following development, the control of erosion and sedimentation, and to establish procedures for the administration and enforcement of such controls. It is the intent of this chapter to be an adjunct to Appendix A and Appendix B of this Code wherein such apply to the development and subdivision of land within the county or such apply to development on previously subdivided land within the county. (6-30-75, §§ 1, 2; 7-18-91.) Section 6-2 Relationship to the Chesapeake Bay Preservation Area Ordinance. Any development or development activity, as defined in Section 3002.F of the Chesapeake Bay Preservation Area Ordinance, on a lot, parcel or tract of land under the jurisdiction of said ordinance shall be in compliance with the provisions of this chapter or the Chesapeake Bay Preservation Area Ordinance, whichever is more restrictive. (7-18-91.) Section 6-3 Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 51 Administrator. The official designated by the Board of Supervisors to serve as its agent to administer this chapter. The Administrator is also referred to in this ordinance as the program administrator. Agreement in lieu of a plan. A contract between the plan-approving authority and the owner, which specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan. Applicant. Any person submitting an erosion and sediment-control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence. Board. The Virginia Soil and Water Conservation Board. Certified inspector. An employee or agent of a program authority who (i) holds a certificate of competence from the Board in the area of project inspection or (ii) is enrolled in the Board’s training program for project inspection and successfully completes the program within one year after enrollment. Certified plan reviewer. An employer or agent of a program authority who (i) holds a certificate of competence from the Board in the area of plan review, or (ii) is enrolled in the Board’s training program for plan review and successfully completes the program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (section 45.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia as amended. Certified program administrator. An employee or agent of a program authority who (i) holds a certificate of competence from the Board in the area of program administration or (ii) is enrolled in the Board’s training program for program administration and successfully completes the program within one year after enrollment. Clearing. Any activity which removes the vegetative ground cover including but not limited to root mat removal or topsoil removal. Department or DCR. The Virginia Department of Conservation and Recreation. District or Peanut Soil and Water Conservation District. A political subdivision of this Commonwealth organized in accordance with the provisions of Articles 3 (section 10.1-506, et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia as amended. 52 Erosion and Sediment Control Plan. A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The “plan” shall contain all major conservation decisions to assure that the entire unit or units of lands will be so treated to achieve the conservation objectives. Erosion impact area. An area of land not associated with current land- disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land ten thousand (10,000) square feet or less used for residential purposes or shorelines where erosion results from wave action or other coastal processes. Excavating. Any digging, scooping or other methods of removing earth material. Filling. Any depositing or stockpiling of earth materials. Grading. Any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition. Land-disturbing activity. Any land change which may result in soil erosion from water or wind and movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the terms shall not include: 1.Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; 2.Individual service connections; 3.Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk provided the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced; 4.Septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; 5.Surface or deep mining activities authorized under a permit issued by the Department of Mines, Minerals and Energy; 6.Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas; 53 7.Tilling, planting or harvest of agricultural, horticultural or forest crops, or livestock feedlot operations, including engineering operations and agricultural engineering as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2, (Sec. 10.1-604 et seq.) of Chapter 6, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Sec. 10.1- 1100 et seq.) of this title or is converted to bona fide agricultural or improved pasture use as described in subsection B of Section 10.1- 1163; 8.Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; 9. Disturbed land area of less than ten thousand (10,000) square feet in size or two thousand five hundred (2,500) square feet in the Chesapeake Bay Watershed. 10.Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; 11.Shoreline erosion control projects on tidal waters when all of the land disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto; and 12.Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority. Land-disturbing permit. A permit issued by the county for clearing, filling, excavating, grading or transporting, or any combination thereof. Local erosion and sediment control program or local control program. An outline of the various methods employed by a district or locality to regulate land-disturbing activities and thereby minimize 54 erosion and sedimentation in compliance with the State Program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation. Owner. The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Permittee. The person to whom the permit authorizing land- disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or any other political subdivision of the Commonwealth, any interstate body, or any other legal entity. Plan approving authority. Shall mean the County of Isle of Wight Engineering Division, as may be assisted by consulting services, responsible for determining the adequacy of a conservation plan submitted for land-disturbing activities on a unit or units of lands and for approving the plan. Program authority. The County of Isle of Wight, which has adopted a soil erosion and sediment control program that has been approved by the Board. Responsible Land Disturber. Means individual from the project or development team, who will be in charge of and responsible for carrying out land-disturbing activity covered by an approved plan or agreement in lieu of a plan, who (i) holds a Responsible Land Disturber certificate of competence, (ii) holds a current certificate of competence from the Board in the areas of Combined Administration, Program Administration, Inspection, or Plan review, (iii) or is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (Sec. 45.1-400 et seq.) of Chapter 4 of Title 54.1. Single-family residence. For the purposes of this ordinance, a noncommercial dwelling that is occupied exclusively by one family. State Erosion and Sediment Control Program or State Program. The program administered by the Board pursuant to the State Code including regulations designed to minimize erosion and sedimentation. 55 State waters. All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdictions. Subdivision. The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, shall transfer of ownership, or building or lot development. The term “subdivision” shall also mean the following: (a)Any development of a parcel of land which involves installation of sanitary sewers, storms sewers, water mains, gas main or pipes, or other appropriate facilities for the use, whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon. (b)Any development of a parcel of land involving two or more principal structures or involving shopping centers, multiple- dwelling projects and the like which the installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale. (c) The term “subdivision” includes resubdivision and, as appropriate in this chapter, shall refer to the process of subdividing the land or to the land subdivided. For the purposes of this chapter, the following transactions shall be excluded: (1) Any sale or other transfer of bulk property for agricultural, horticultural or silvicultural purposes not involving any new street (the granting of a right-of-way for access shall not be deemed to involve any new street); (2) Any division of property handed down by court action; (3) The sale, exchange of other transfer of parcels between adjoining lots owners, where it does not create additional building sites or make existing lots of lesser width or area than required by this chapter. Town. An incorporated town. Transporting. Any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover, either by tracking or the 56 buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. (6-30-75, § 3; 7-15-82; 7-18-91; 10-16-97.) Section 6-4. Local Erosion and Sediment Control Program Pursuant to Section 10.1-562 of the Code of Virginia, the Isle of Wight County Board of Supervisors hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the Board for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in, but not limited to, the “Virginia Erosion and Sediment Control Regulations” and the Virginia Erosion and Sediment Control Handbook, as amended. Before adopting or revising regulations, the County Board of Supervisors shall give due notice and conduct a public hearing on the proposed or revised regulations. Pursuant to Section 10.1-561.1 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The Erosion Control Program of Isle of Wight County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person, or an individual or consulting firm under contract with the County. The Isle of Wight County Board of Supervisors hereby designates the Engineering Division as the plan-approving authority under the direction of the Administrator. The program and regulations provided for in this ordinance shall be made available for public inspection in the Engineering Division. Section6-5. Duties of Administrator. Administration, inspection and enforcement of this chapter shall rest with the Administrator. (6-30-75, § 6; 7-18-91.) Section 6-6. Administrative appeal and judicial review of decisions. Final decision of the Administrator or plan approving authority under this chapter shall be subject to review by the County Board of Zoning Appeals; provided, that an appeal is filed within thirty (30) days from the date of any written decision by the Administrator or the plan approving authority. 57 Final decision of the Board of Zoning Appeals under this chapter shall be subject to review by the Circuit Court of Isle of Wight County; provided, that an appeal is filed within thirty days from the date of the final written decision of the board of zoning appeals. (6-30-75 § 12; 7-18-91.) Section 6-7. Effect of compliance with chapter on legal proceedings. Compliance with the provisions of this chapter shall be prima facie evidence, in any legal or equitable proceeding for damages caused by erosion, silt-ation or sedimentation, that all requirements of law have been met and the complaining party must show negligence in order to recover any damages. (6-30-75, § 14; 7-18-91.) Article II Plans. Section 6-8. Required. Except as provided for in section 6-3, pertaining to definitions, no person may engage in any land-disturbing activity until such person has submitted to the Engineering Division an erosion and sediment control plan for the land disturbing activity and such plan has been approved by the plan- approving authority. Where the land disturbing activity results in the construction of a single-family residence, an “Agreement in lieu of a plan” may be substituted for an erosion and sediment control plan if executed by the plan-approving authority. An Agreement in lieu of a plan for any lot under the jurisdiction of the Chesapeake Bay Preservation Area Ordinance shall include the name, certification number and contact information of a Responsible Land Disturber. Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan may, at the option of the applicant, be submitted to the Board for review and approval rather than to each jurisdiction concerned. (6-30-75 § 2; 7-18-91; 10-16-97.) Section 6-9. Form and contents. Erosion and sediment control plans shall detail those methods and techniques to be utilized in the control of erosion and sedimentation. As a minimum, the erosion and sediment control plan shall follow the minimum criteria of the Virginia Erosion and Sediment Control Law (Title 10.1, Chapter 5, Article 4, Code of Virginia) and accompanying regulations. The standards contained within the “Virginia Erosion and Sediment Control Regulations”, the “Virginia Erosion and Sediment Control 58 Handbook”, the “Virginia Stormwater Management Handbook” and the “Hampton Roads Stormwater Management Handbook”, as may be amended, shall be used by the applicant when making a submittal under the provisions of this ordinance and in preparation of an erosion and sediment control plan. The Plan approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When standards vary between publications, the State regulations shall take precedence. Section 6-10 Submission. Five copies of the erosion and sediment control plan shall be submitted to the Administrator. (6-30-75, § 5; 7-18-91.) Section 6-11 Approval, etc. The plan-approving authority shall, within 45 days, approve any such plans, if it is determined that the plan meets the requirements of the local control program, and if the person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will conform to the provisions of this ordinance. The plan shall be acted upon within 45 days from receipt thereof by either approving said plan in writing or disapproving said plan in writing with specific reasons for its disapproval. When the plan is determined to be inadequate, the plan-approving authority shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. In order to prevent further erosion, the Administrator may require approval of a plan for any land identified in the local program as an erosion impact area. When land disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner. Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the Board for review and written comments. The specifications shall apply to: 59 1.Construction, installation or maintenance of electric, natural gas and telephone utility lines, and pipelines: and, 2.Construction of the tracks, rights of way, bridges, communication facilities and other related structures and facilities of the railroad company. Individual approval of separate projects within subdivision 1 or 2 of this subsection is not necessary when Board approved specifications are followed; however, projects included in subdivisions 1 or 2 must comply with Board approved specifications. Projects not included in subdivision 1 and 2 of this subsection shall comply with the requirements of the Isle of Wight County Erosion and Sediment Control Program. State agency projects are exempt from the provisions of this ordinance except as provided for in the Code of Virginia, Section 10.1-564 (1950, as amended). State agency projects are reviewed and approved by DCR. Section 6-12. Amendments. An approved plan may be changed by the authority that approved it in the following cases: 1.Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or 2.Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan- approving authority and the person responsible for carrying out the plan. (7-18-91.) Article III. Land –Disturbing Permit. Section 6-13. Prerequisite bond, etc. All control measures required by the provisions of this chapter shall be undertaken at the expense of the owner or his agent, and pending such actual provision thereof, the owner or his agent shall execute and file with the Administrator, prior to issuance of the land disturbing permit, an agreement and bond or agreements and bonds in an amount determined by the Administrator equal to the approximate total cost of providing erosion and sedimentation control improvements plus ten percent (10%), with surety approved by the County Attorney, guaranteeing that the required control 60 measures will be properly and satisfactorily undertaken. A surety administration fee, as outlined by Table 3 of the County Fee Schedule for Zoning Applications, shall be paid prior to issuance of the land disturbing permit. The Administrator may waive the surety administration fee. Within sixty days of the adequate stabilization of the land-disturbing activity, as determined by the permit-issuing authority, such bond, cash escrow letter of credit or other legal arrangement or the unexpended or unobligated portion thereof shall be refunded to the owner or his agent or terminated, as the case may be. Should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action, which may be required of him by the approved plan as a result of his land-disturbing activity, the permit-issuing authority may take such conservation action at the applicant’s expense. If the permit-issuing authority takes such conservation action upon such failure by the permittee, the agency may collect from the permittee an amount equal to the difference between the amount of the reasonable cost of such action and the amount of the security held. (6-30-75 § 9; 7-18-91.) Section 6-14 Issuance; fees. No person shall engage in any land-disturbing activity, as defined in section 6-3, within the county until he has acquired a land-disturbing permit and paid a fee for same to the county in the amount of twenty-five dollars ($25) per acre of land disturbed, with a one hundred dollar ($100) minimum. No land disturbing permit shall be issued until the applicant submits with his application an approved erosion and control plan and certification that the plan will be followed. Agencies authorized under any other law to issue grading, building or other permits for activities involving land disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. Issuance of a land-disturbing permit is conditioned on receiving an approved erosion and sediment control plan and certification that the plan will be followed at the time of application for such permit and, in addition, the requirements of Section 6-13 concerning a performance bond, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is acceptable under the provision of Section 6-13 and to the fees herein levied for land-disturbing activities. In addition, as a prerequisite to issuance of a land disturbing permit, the person responsible for carrying out the plan shall provide the name of the Responsible Land Disturber, who shall be in charge of and responsible for carrying out the land disturbing activity, in accordance with the approved plan. 61 An Engineering Services Agreement, as adopted by the Board of Supervisors, shall be executed at the time of filing erosion and sediment control plans. (6-30-75, § 10; 5/16-91; 5-16-91; 7-18-91; 2-4-92; 10-16-97.) These requirements are in addition to all other provisions related to the issuance of permits and are not intended to otherwise affect the requirement for such permits. Section 6-15. Monitoring, reports and inspections. The Administrator or his designee shall provide for periodic inspections of the land-disturbing activity and may require monitoring and reports from the Responsible Land Disturber or other person responsible for carrying out the plan to insure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment. An inspection shall be made during or immediately following the initial installation of erosion and sediment controls, at least once in every two-week period, within forty-eight hours following any runoff-producing storm event, and at the completion of the project prior to the release of any performance bonds. In lieu of these inspections, inspections may be made in accordance with an Alterative Inspection Program approved by the Board. The Program Authority’s right to entry to conduct such inspections shall be expressly reserved in the permit. The owner, occupier or operator shall be given an opportunity to accompany the inspector. If the Administrator or his designee determines that there is a failure to comply with the plan, notice shall be served upon the applicant or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter. Upon determination of violation of this chapter, the Administrator or his designee either may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. 62 Otherwise, such an order may be issued only after the applicant has failed to obey a previous notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the County or permit holder for appropriate relief to the Circuit Court of Isle of Wight. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the Administrator or his designee from taking any other action authorized by this chapter. (7-18-91.) Section 6-16. Penalties, injunctions and other legal action. (a)Violators of this chapter shall be guilty of a Class 1 misdemeanor. (b)In addition, the governing body may petition the Circuit Court of Isle of Wight for injunctive relief to enjoin a violation or threatened violation of this chapter, without the necessity of showing that an adequate remedy at law does not exist. (c)In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the county, or the Board, as appropriate, in a civil action for damages. (d) Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting or refusing to obey any injunction, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000) for each violation. (e) With the consent of any person who has violated or failed, neglected or refused to obey any regulations or any condition of a permit or any provision of this article, the plan-approving or permit-issuing authority may provide, in an order issued by the plan-approving authority or permit-issuing authority against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (d) of this section. Such civil charges shall be instead of any appropriate civil penalty, which could be imposed under subsection (d) of this section. (6-30-75 § 13; 7-15-82; 7-18-91; 10-16-97.) 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: 63 Deed of Bargain and Sale for the consideration of the sale of portion of County-owned property to the Isle of Wight Ruritan Club. Interim County Attorney Burton certified that the matter had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. William Bell, Treasurer of the Isle of Wight Ruritan Club, noted that the well is sitting on the property line and the Board’s approval will allow the Club to make improvements in the future. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board authorize the Chairman to execute the Deed of Bargain and Sale on behalf of 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 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. // Chairman Ivy called for 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. Chairman Ivy called the meeting back to order. 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 the continuation of Appointments. Supervisor Bradshaw moved to appoint Don Hill to the Community Criminal Justice 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. 64 // Chairman Ivy called for Old Business. Chairman Ivy briefed the Board on the status of the Pinewood Heights Memorandum of Understanding with the Town of Smithfield. He stated that he was provided a plat of the property for James and Washington Streets at the last Smithfield Town Council meeting. He stated the following Tuesday, staff held a meeting to discuss the initial options of that property. He stated staff also conducted interviews with the YMCA, Paul D. Camp Community College and the Smithfield Library. He stated that staff found that the two (2) buildings were in good condition and could be utilized for further activities and that the organizations they interviewed had expansion plans for that property. He stated, in addition, the property on James and Washington Streets is being utilized on a consistent basis for events such as parades and other activities. He stated staff concurred that utilizing the property in that way was not the proper use of the land and that this was going to continue to be a problem into the future. He stated the loss of green space in that amount in a Development Service District or Historic District is critical to the quality of life for citizens in the community. Supervisor Brown commented that to relocate Pinewood Heights across the street would be ill advised. He stated there are other locations that can be utilized for the expansion of the Paul D. Camp Community College facility that would be better because it would be located closer to the Smithfield High School and P. D. Pruden where shared services could be utilized. He stated Habitat for Humanity has requested an architect to review iterations of houses that would fit into the community. Chairman Ivy commented that there is the potential for some homes on the property, but not on the entire property as there is a portion that is not currently being utilized behind the Children’s Center, for a total of three (3) lots, which was identified at the Town meeting. Supervisor Brown stated Habitat for Humanity has already completed one (1) home behind the Children’s Center and the architect for that organization has already developed a preliminary plan for the houses so that they fit into the appearance of that community. He stated parking normally occurs on the other side of the building and there is currently sufficient space for the development of parking spaces behind the Paul D. Camp facility, the Library and the YMCA. Supervisor Clark commented that those organizations are not actively approaching the Board seeking expansion. He noted if they do have needs, they should be proactive and communicate them to the Board. 65 Chairman Ivy requested County Administrator Caskey to schedule an Intergovernmental Relations Committee meeting with the Town of Smithfield. The agenda should specifically be related to the Pinewood Heights Relocation Project, to include the property at James and Washington Streets. Supervisor Bradshaw recommended that the appropriate individuals involved in the relocation meet and the Town Council needs to take a formal position as to what it needs the County to do and once staff receives that, it should provide its position to the Board for consideration. Supervisor Bradshaw moved that the Interim County Attorney be directed to simplify the Ordinance on Motor Vehicles Licenses to specifically state that residents of the County who claim Virginia as their domiciliary State are subject to County taxes. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion. // Chairman Ivy called for New Business. Supervisor Clark moved that Emily Haywood, Director of Human Resources, be directed to meet with the Victim Witness Coordinator, Carol Rhodes, to review her current job duties as compared to other comparable jurisdictions. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion. Supervisor Bradshaw moved that the Victim Witness Coordinator’s request for additional funding be considered in conjunction with the other items contained in the Appendix section of the budget on Page 127 that were removed so that all items can be reviewed collectively. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion. // County Administrator Caskey reminded the Board that its Town Meeting is scheduled for Saturday, April 21, 2007 at 10:00 a.m. at the Carrollton Elementary School. He noted that before the end of the meeting tonight he will be distributing a draft agenda. He requested the Board advise him of any changes. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act concerning consultation with legal council requiring the provision of legal advice 66 pertaining to the Benns Grant project; pursuant to Section 2.2- 3711.3711.A.7 concerning consultation with legal council requiring the provision of legal advice pertaining to the Founders Point Chesapeake Bay violation; pursuant to Section 2.2-3711.3711.A.7 concerning consultation with legal council requiring the provision of legal advice pertaining to an unclaimed body; pursuant to Section 2.2-3711.3711.A.7 concerning consultation with legal council requiring the provision of legal advice pertaining to three (3) personnel matters pertaining to specific public officials; and pursuant to Section 2.2-3711.A.7 concerning consultation with legal council requiring the provision of legal advice pertaining to personnel of a specific public official, an agreement relating thereto. Supervisor Bradshaw moved the Board enter the Closed Meeting for the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of 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. Supervisor Bradshaw moved 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 67 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 Supervisor Wright moved that the County Attorney draft an Ordinance to ban the use of plastic retail shopping bags in Isle of Wight 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 County staff develop a resolution honoring the students at Virginia Tech. 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. // At 10:20 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ Thomas R. Ivy, Chairman ______________________ Carey Mills Storm, Clerk 68