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10-02-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr., Vice-Chairman Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Clark called the meeting to order at 4:00 p.m. and delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney?s Report, add an item requesting the Board to consider an offer from GSH Real Estate for the purchase of a 75?x150? section from Parcel 21A-47-001; under the County Attorney?s Report, add an item requesting the Board to the review the proposed Deed of Bargain and Sale between Isle of Wight County and the Industrial Development Authority; under the County Attorney?s Report, add another Closed Meeting item; and, under New Business, add consideration of a Resolution Recognizing October 13-19, 2008 as GED Week and October 15, 2008 as GED Day in the Commonwealth of Virginia. Supervisor Wright requested that one (1) item pertaining to land acquisition be added under the Closed Meeting and that one (1) item pertaining to the Isle of Wight County Museum be added under Old Business. Supervisor Brown moved that the agenda be approved, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // 1 Chairman Clark called for Special Presentations/Appearances. Supervisor Bradshaw formally introduced Larry Shaffer and moved that the Board adopt the following Resolution recognizing his efforts with respect to the Voluntary Protection Program for International Paper: RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF LARRY SHAFFER Shaffer is a Voluntary Protection Programs (VPP) WHEREAS, Larry National Special Government Employee (SGE) for International Paper ; and, was recently recognized by the United States WHEREAS, Mr. Shaffer Occupational Safety and Health Administration (OSHA) as the National Special Government Employee of the Year ; and, he Voluntary Protection Programs National Special WHEREAS, t Government Employee Award recognizes an SGE who epitomizes and exhibits exceptional support, time, effort, and action in VPP . NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia, recognizes and congratulates National Special Government Larry Shaffer for his accomplishments as the Employee of the Year . The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Bob Cole, President of the Education Foundation, Isle of Wight County Public Schools, advised that the Foundation?s mission is to support the quality of education in the County by helping to attract, retain and recognize local educators; by fostering a public engagement program of all facets of the community; and, by supporting supplemental program innovation with the goal of improving student achievement. He advised that in the 2005-06 school year, the Foundation implemented an instructional mini-grant program to support innovative instructional projects in the County?s public schools. He advised that the Foundation is beginning its fundraising campaign for 2008-09 and that tickets are now on sale for the student?s first Annual Gala to be held on October 18, 2008 at 5:30 p.m. in The Smithfield Center. He extended an invitation for the Board to attend the Gala. Gina Ippolito, Recreation Manager, briefed the Board on the success of the 2008 Isle of Wight County Fair. She publicly recognized staff members and sponsors and distributed the results of a survey handed out at the Fair. She advised that approximately 700 individuals attended the 2 seafood event, which had an estimated revenue of $17,500; that the admission gate total was 12,500 with a gate revenue of $67,000; and, that the sponsorship benefit totaled $59,250. She advised that the expenses for the Fair are anticipated to come in under budget and that staff anticipates having a conclusive financial report for the Board at its October 16, 2008 meeting. She reported of the 200 surveys that were administered at the Fair, 81% were very satisfied with the Fair; 12% were satisfied and very few were dissatisfied. She publicly thanked the following sponsors: Farmer?s Bank; Daily Press; Sentara Obici; Riverside; Smithfield Packing; Smithfield Station; Eagle 97.3; Don RV; Addison Group; Smithfield Times; Life Touch Sports Photography; Simmons Group; Powell Management & Associates; The Talking Phonebook; Resource International; Dixie RV Superstore; Landmark Design & Group; WLQM 101.7; W. L. Jones; El Burrito; Smithfield Gardens; Commonwealth Gin; Breeden Companies; Hardy Towing; Rowland Equipment; Farmers Service; Smithfield Sheet Metal; and, New Image. Kristen M. Mazur, County Engineer, advised that the concrete pads with fencing and the lock on the barn door can be addressed within the existing budget and that staff would be returning to the Board with a cost estimate to accomplish an alternate rear entrance to access the barn from the parking area; a public announcement system; electrical service; phone lines; additional signage; grading; and, installation of aggregate on areas within the fenced area on the pedestrian paths. David Sawyer, Chairman, Fair Committee, thanked the Board for its support and publicly recognized the Fair Committee and the County?s citizens for their efforts. He noted that efforts are underway for next year?s Fair and he showed aerial views of the Fair site. // Chairman Clark called for Regional Reports. Supervisor Bradshaw reported that the Hampton Roads Economic Development Alliance will be holding a special called Executive Committee meeting to discuss the Search Committee?s recommendation with respect to a new Executive Director for that organization. County Administrator Caskey reported that a Federal Leadership Summit was conducted at the most recent meeting of the Hampton Roads Military and Federal Facilities Alliance which is charged with strategizing how to better position the region for the next BRAC alignments that may occur in 2015. He advised that the second half of the meeting involved the adoption of a Comprehensive Action Plan, followed by a meeting of the Board of Directors who discussed the audit and elected several new Directors. He advised that exploration of a new name for that organization is also being considered. 3 Chairman Clark reported that Governor Kaine addressed State budget cuts, which he noted will be substantial, at the most recent meeting of the Hampton Roads Partnership. He advised that the Governor is requesting each of his department heads to be prepared to cut 15% from their respective budgets. Chairman Clark reported at the most recent meeting of the Smithfield Intergovernmental Relation Committee that a majority agreed that one (1) facility would be built to house the fire station and that the rescue squad building would be renovated. He advised that the water and sewer agreements had been referred to the Committee?s respective staffs to bring back a recommendation. Supervisor Bradshaw reported that the new Social Services Director has not been receptive to the concept of consolidation of services with the County, such as consolidation of payroll and procurement services. Supervisors Brown and Bradshaw agreed to meet with the new Director to convey that it is this Board?s wish to pursue the consolidation of services with the Department of Social Services. Supervisor Brown reported that the consultants for the Southeastern Public Service Authority have narrowed the RFPs down to two (2) firms and a detailed review is proceeding. He advised that the Authority Board passed a resolution to agree to utilize Wachovia National Bank for capital expenditures. He further advised that effective immediately is a hiring freeze within that organization due to a shortfall in the budget which was due to lower than anticipated tonnages from construction demolition debris and private hauler waste. Supervisor Bradshaw reported that a $900,000,000 shortfall is projected in the FY2009 State Budget; however, drastic cuts to local governments are not anticipated. He advised that a shortfall of $1.7 billion is projected in the 2010 State budget. He advised that over the next two (2) years, up to $700,000,000 can be taken from the State?s ?rainy day? fund, which could cause the State to have a reduction in its bond rating. He advised that VACo staff has confirmed that the Forestry Department is experiencing closures across the State and that VDOT will experience another consolidation and reorganization of that agency. He advised that the Governor has the authority to reduce the aid to local governments by 15% and a special committee of VACo is continuing to move forward with the development of a strategic plan. He advised that 35% of the State budget is K-12 education funding and 15% is Medicaid funding and while they may not be impacted in the 2009 State budget, they will most likely be impacted in the 2010 State budget. He advised that 42% of the State budget is aid to local governments and that the Board?s Finance Committee will be holding a meeting prior to the Board of Supervisors? next meeting to discuss some of 4 the issues. He advised that collections for personal property and real estate are anticipated to decrease. // Chairman Clark called for Transportation Matters. Kristen M. Mazur, County Engineer, advised that the survey on Yellow Rock Road is due to be completed on October 20, 2008. Supervisor Brown inquired about the date of completion for Owens Estates. Ms. Mazur offered to find out the completion date and advise Supervisor Brown accordingly. Supervisor Casteen requested that the completed item for Smithfield be removed from the Transportation Report. Supervisor Wright inquired about the status of the Barlow brother?s fence on Turner Road which keeps on being torn down. Ms. Mazur advised that rumble strips have been installed and the VDOT Residency Administrator has advised that the Barlow brothers are satisfied. Supervisor Bradshaw asked that Ms. Mazur request an update from the VDOT Residency Administrator on the issue of drainage at Zuni. Supervisor Bradshaw requested the status of the abandonment of Piney Grove Road. Ms. Mazur reported that she will contact the VDOT Residency Administrator regarding the process for abandonment of roads and report back to the Board. Ron Dashiell, Newport District, expressed concern that flooding on the southbound lane of Route 17 could result from a 10-inch rain occurring. He requested the Board?s assistance in having VDOT conduct a study and associated design work for grading in that area. Chairman Clark moved that Ms. Mazur be directed to arrange a meeting with the VDOT Residency Administrator and Mr. Dashiell to determine the process and report back to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 5 // Chairman Clark called for Citizens Comments. No citizens addressed the Board. // Chairman Clark called for the County Attorney?s report. Interim County Attorney Burton presented a request from GSH Real Estate for the Board?s consideration of purchasing a 75?x150? strip of land from Parcel 21A-47-001. Supervisor Bradshaw moved that the request be referred to staff for their review, consideration and recommendation to the Board regarding whether or not the County wants the property and that the matter be referred to the Town of Smithfield simultaneously for their review and comments. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a proposed Deed of Bargain and Sale between Isle of Wight County and the Industrial Development Authority for land to be used as part of an intermodal park. He requested permission to advertise the matter for public hearing at the Board?s October 16, 2008 meeting. Supervisor Bradshaw moved that the County Attorney?s office be authorized to set the matter for public hearing at the Board?s meeting of October 16, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that the following items have been advertised for public hearing later in the meeting: . Consideration of the Isle of Wight County Proposed Real Property Tax Levy Increase. . Consideration of the Amendment to the Isle of Wight County Fiscal Year 08-09 Budget, to increase the budget by $3.425 million dollars for the purchase of three (3) parcels of real estate within the County. . Consideration for divestment of County property (Tax Map Parcel #53-01-082B & 60-01-045) to the Isle of Wight County Industrial Development Authority for use as an intermodal park. 6 . An Ordinance to Amend Chapter 16, Tyler?s Beach Boat Harbor, to facilitate the removal of abandoned property from the Tyler?s Beach Boat Harbor. . An Ordinance to Enact Chapter 12.1, Public Parks and Recreation Facilities, to protect the safety and security of the citizens of Isle of Wight County who use public parks and recreation facilities by limiting or prohibiting certain conduct. . An Ordinance to Amend Chapter 8, Garbage, Weeds and Litter, Article IV, Load Covering and Transportation of Litter, Section 8-12 Penalties, to increase penalties for failing to properly secure materials placed in uncovered areas of vehicles which may end up on the public roadways. . An Ordinance to Amend Chapter 7, Fire Protection, Article II, Fireworks and Article III, Open Burning, to safeguard life and property from the hazards of fire or explosion. . An Ordinance to Amend Chapter 12-11, Hunting Near Public Schools or Parks Prohibited, to further protect the citizens of Isle of Wight County from the dangers of firing firearms near public facilities. . Consideration for the lease renewal of the property known as the ?Johnson Farm? to Mr. Matthew J. Johnson for agricultural purposes. Interim County Attorney Burton advised that he had two (2) items to discuss with the Board later during the Closed Meeting. // Chairman Clark called for the Emergency Services report. Patrick J. Small, Assistant County Administrator, updated the Board regarding the County?s generator leasing program which came about as a result of Hurricane Isabel and was intended to make the County more prepared in the event of emergencies, as well as make the County?s shelters more operational. He advised that the generator at the Windsor Volunteer Fire Department has exceeded its useful life and he requested the Board?s authorization to include a new generator in the monthly lease payment to Tidewater Energy Services in the amount of $100. Supervisor Wright moved that the County Administrator be authorized to sign the equipment lease and service agreement for the replacement generator at the Windsor Volunteer Fire Department. The motion was 7 adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Small requested the Board?s approval to extend the current contract with Tidewater Energy Services on a month-to-month basis on the current generator until the new generator is installed. Supervisor Wright moved to approve the extension of the existing contract covering the current generator at the Windsor Volunteer Fire Department until a new one is installed. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Small presented a recommendation from the Emergency Management Coordinator for the installation of a transfer switch and generator at Carrsville Elementary School for mass evacuations and isolation of the Carrsville area. He requested the Board?s direction on whether or not to proceed with the installation of a transfer switch, generator and contract effective January 2009 or would the Board prefer to direct staff to bring this back as part of the budget process. Supervisor Bradshaw moved that staff be directed to return to the Board with a resolution for the purchase and installation of a transfer switch for the Carrsville Elementary School; that staff meet with the Director of Budget and Finance to determine where the funds will be taken from; and, that staff provide the Board with financial and technical information with respect to providing a generator to support the Carrsville Elementary School. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the County Administrator?s report. Mr. Small updated the Board on the construction of the new courts building. He advised that the matter was discussed at a joint meeting of the Planning Commission and the Historical Architectural Review Committee (HARC) and that staff anticipates having the site plan for the Board?s consideration at its November 6, 2008 meeting. Bruce Bruchi, Powell Management Associates, presented a contract amendment in the amount of $169,000 for the Board?s consideration with Bury+Partners-Virginia, the firm responsible for designing the water and septic improvements in support of the new courts building project; addressing long-term needs; and, identifying areas for future septic and water sources for the courthouse campus. 8 Supervisor Bradshaw moved that the scope of work with Bury+Partners-Virginia, Inc. be approved and that the Chairman be authorized to sign the professional services agreement. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request from Sheriff Phelps for a position modification to convert a full-time position into two (2) part- time positions. Chairman Clark moved that the request to convert a full-time position within the Sheriff?s Department to two (2) part-time positions be authorized. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for consideration of the Consent Agenda. A. Voting Credentials for the VACo Annual Business Meeting B. Capital Improvements Plan (CIP) FY 2010-14 Kick-Off C. County?s Charitable Activities D. Application for Grant Funds ? Fire Services Grant Program . Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds from the Virginia Department of Fire Programs E. Donation to Voices for Kids CASA (Court Appointed Special Advocate) Program of Southeast Virginia . Resolution to Accept and Appropriate Donations to Voices for Kids CASA (Court Appointed Special Advocate) Program of Southeast Virginia F. Application for Grant Funds ? Litter Control and Recycling Fund Advisory Board?s Special Projects . Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Environmental Quality for the Litter Control and Recycling Fund Advisory Board?s Special Projects Fund 9 G. County Policy Amendment . Resolution to Amend the County Policy Manual Chapter 2, Article 1 H. County Policy Amendment . Resolution to Amend the County Policy Manual Chapter 1 I. Monthly Engineering Projects Report J. Litter Pickup K. The application of ATC Panels for Preliminary Site Plan Review to allow for the construction of a 3,807 square foot bio-filter and to request a waiver to Section 6-1010 of the Zoning Ordinance, Architectural Guidelines for all Non-Residential Uses. L. Delinquent Tax Collection Report M. August 7, 2008 Regular Meeting Minutes Supervisor Brown moved that Item (K) be removed and that the remainder of the Consent Agenda be approved. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw noted that he had a conflict of interest with Item (K), the application of ATC Panels for Preliminary Site Plan Review to allow for the construction of a 3,807 square foot bio-filter and to request a waiver to Section 6-1010 of the Zoning Ordinance, Architectural Guidelines for all Non-Residential Uses and that he would not be discussing or voting on the application. Chairman Clark inquired if work had begun on the site before permits were issued. Tom Garahand, Facility Manager, ATC Particleboard Plant, advised that an underground fire water line had been relocated before he realized that a plumbing permit would be required. He advised that no further construction activity has occurred at the site to date. Chairman Clark inquired if staff is ensuring that the exterior will be consistent with the surrounding existing uses. 10 Matt Smolnik, Planner, commented that the exterior is to be concrete with stainless steel panels, ladders and catwalks. He advised that there will be some visible parts from the road. He noted that because of the elevated railroad tracks to the south of the site, any landscaping on the ATC Panels site would not do a lot of good. Mr. Garahand advised that ATC Panels has permission from International Paper and intends to do landscaping on the International Paper lumber mill side of the tracks. Supervisor Wright moved that the site plan and the waiver of the Highway Corridor Overlay District architectural standards be approved. The motion was adopted by a vote of (4-0) with Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining from discussing and voting on the application. // Chairman Clark called for Appointments. No appointments were offered by the Board. // Chairman Clark called for Old Business: The application of James B. Brown, Jr. and Judith B. Roberts, et al, owners, and Brown, Jolley, Brown, LLC, applicant, for a change in zoning classification of approximately 42.65 acres of land from Rural Agricultural Conservation (RAC) to approximately 9.6 acres of Conditional-General Commercial (C-GC) and approximately 33 acres of Conditional-Urban Residential (C-UR). The property is located at the intersection of Carrollton Boulevard (Route 17) and Deep Bottom Drive (Route 662) in the Newport Election District. The purpose of the application is to develop a mixed-use community with commercial parcels on the Route 17 frontage and multi-family residential units in the rear. Supervisor Brown noted that he had an economic interest in the application and, therefore, would not be discussing or voting on the application. Ms. Walkup recalled that the Board had tabled consideration of the application at its September 18, 2008 meeting, responsive to a request by the applicant. She noted that the applicant has submitted revised proffers that address the Board?s previously stated concerns. 11 Chairman Clark moved that the Board approve the application as proffered. The motion was adopted by a vote of (3-1-0) with Supervisors Bradshaw, Clark and Wright voting in favor of the motion; Supervisor Casteen voting against the motion; and, Supervisor Brown abstaining from discussing and voting on the motion. Chairman Clark called for consideration of the following: The application of Elliot Cohen, owner, and Commonwealth Engineering, applicant, for a change in zoning classification from Rural Agricultural Conservation (RAC) and General Commercial (GC) to Conditional-Urban Residential (C-UR) of approximately 2.58 acres of land located on the west side of Carrollton Boulevard (Rt. 17), north of Cedar Grove Road (Rt. 661) in the Newport Election District. The purpose of the application is to develop 34 residential condominium units. Amy Ring, Assistant Director of Planning and Zoning, advised that as a result of the meeting between the applicant and Chairman Clark, the applicant has submitted an updated fiscal impact worksheet; updated traffic impact assessment; and, a Corps of Engineers? jurisdictional determination for the proposed site. Chairman Clark requested Ms. Walkup to inquire if the applicant would be willing to proffer a sunset clause and reword Section 3-8. Chairman Clark moved that the application be tabled and readdressed prior to the conduction of the public hearings tonight. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark updated the Board on the proposed fire and EMS station in Smithfield. He advised that in addition to cost savings, a separate station will offer substantially more square footage to the fire station. He stated that the Board is committed to quality work on both facilities. Supervisor Casteen commented that he would like to have the full support of the Smithfield Town Council before moving forward. He further commented that the Fire & Rescue Association endorses the combined facility concept. Chairman Clark commented that Councilman Hare had advised him that he had the consensus of the entire Council. He stated that it was suggested at the last Fire & Rescue Association meeting that the County should be building additional smaller facilities to address response times. He stated that in addition to cost savings, a separate facility will offer 12 substantially more square footage to the fire station and the facility will fit better on the lot because it will allow equipment to turn around. Chairman Clark moved that the Board endorse the two (2) building concept consisting of the refurbishment of the existing rescue squad building and the building of a new stand-alone fire station for the Town of Smithfield. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Chairman Clark moved that the County Attorney be directed to prepare a revised Memorandum of Understanding with the understanding that the Smithfield Town Council is anticipated to adopt the same thing and that the County Attorney be directed to draft a letter for the Chairman?s signature stating the position of the Intergovernmental Relations Committee and that this Board has already taken action to move forward. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Chairman Clark called for discussion on the Museum. Supervisor Wright requested that the ragged steps be cut properly and cleaned up; that the ceiling tiles in the Museum office be repaired; that skirting be placed around the air vents; that staff look at the electrical boxes and light switch at the passage door on the Church Street side of the facility; that the windows upstairs be opened which are now painted shut; and, that the mold in the basement be addressed. He also noted that a cleaning service is needed before the opening of the facility. Eddie P. Wrightson, Director of General Services, offered to get with the County?s Engineer and address Supervisor Wright?s concerns. He recommended that staff revisit the preliminary engineering work, which had been abandoned early on, and that those plans be carried forward. He advised that he has requested a proposal with respect to the drainage plans and that following receipt of a proposed scope of services and fee, he would return to the Board with a request to appropriate the necessary funds. // With respect to the application of Elliott Cohen, Ms. Walkup returned with a proffer statement addendum deleting Proffer #3 and adding a Proffer #11 pertaining to the reversion of zoning clause. Chairman Clark moved that the application of Elliott Cohen be approved as proffered. The motion was defeated by a vote of (2-3) with Chairman Clark and Supervisor Brown voting in favor of the motion and Supervisors Bradshaw, Wright and Casteen voting against the motion. 13 // Chairman Clark called for New Business. Interim County Attorney Burton requested the Board?s consideration of a Resolution Recognizing October 13-19, 2008 as GED Week and October 15, 2008 as GED in the Commonwealth of Virginia. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION IN SUPPORT AND RECOGNITION OF VIRGINIA GED WEEK AND VIRGINIA GED DAY WHEREAS, a well educated, highly skilled workforce is essential to the economic growth of the Hampton Roads Region and the Commonwealth of Virginia; and, WHEREAS, the GED Certificate is a nationally recognized high school equivalency credential and is accepted by most colleges, universities, and employers as evidence that the holder of the credential possesses knowledge and skills necessary for post-secondary education and the workforce; and, WHEREAS, more than one million adult Virginians, or one in six, lack a high School Diploma or GED Certificate, drastically reducing their chance to earn a living wage and support their families; and, WHEREAS, a stronger alignment between economic and workforce development and education is essential to producing a skilled workforce that fosters a dynamic, globally competitive business environment; and, WHEREAS, local Workforce Investment Boards, One-Stop Comprehensive Workforce Centers, the Virginia Department of Education, and the Virginia Workforce Network?s other program partners throughout the Commonwealth have joined efforts to increase GED certification. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVEDthat the Board of Supervisors of the County of Isle of Wight County, Virginia supports and recognizes October 13-19, 2008, as GED Week and October 15, 2008 as GED Day in the Commonwealth of Virginia. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // 14 Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.3 of the Freedom of Information Act concerning the acquisition of real property in the Smithfield District; pursuant to Section 2.2-3711.A.3 concerning the acquisition of real property in the Windsor District; and, pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a cable franchise. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 15 ABSENT DURING MEETING : 0 Supervisor Wright moved to proceed with the purchase of said properties discussed in Closed Meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Wright advised that he had contacted several local farmers with respect to their use of the Camp Washington property and Bob Alphin of Sunset View Farms is willing to farm the property for $20 per acre, which will provide relief to the County with respect to the upkeep of the property and grass cutting. Supervisor Wright moved that the County Attorney be directed to prepare a five (5) year lease between the County and Mr. Bob Alphin to farm the Camp Washington property and that staff be authorized to advertise the matter for public hearing at the Board?s October 16, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding the Board?s earlier vote on the Cohen application, Supervisor Bradshaw moved that the rezoning application be reconsidered. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to approve the Cohen application with the proffers as conditioned. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. County Administrator Caskey noted that a tour of the International Paper facility is scheduled for October 14, 2008. He advised that because of the number of Board members that are anticipated to attend, the tour will need to be advertised as a special meeting of the Board. He further advised that Congressman Forbes will be making a visit on that same day at 2:00 p.m. in his office to discuss any issues that the Board may have. Chairman Clark requested that staff prepare the necessary Special Meeting notice for the Board to take a tour of International Paper on October 14, 2008 from 8:00 a.m. until 12:00 p.m. with a luncheon to immediately follow. 16 Chairman Clark requested that staff prepare the necessary Special Meeting notice for the Board to meet with Congressman Forbes on October 14, 2008 at 2:00 p.m. in the County Administrator?s Conference Room. // Chairman Clark called for a public hearing on the following: A. The application of Ricky M. Grandison, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Suburban Residential (SR) of approximately .34 acre of land located at 14221 Bartlett Circle, Carrollton, in the Newport Election District for a proposed single-family residence. Amy Ring, Assistant Director of Planning and Zoning, presented the application. Chairman Clark called for persons to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark moved that the application of Ricky M. Grandison be approved. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: B. Isle of Wight County Proposed Real Property Tax Levy Increase. Interim County Attorney Burton stated pursuant to State Code, the County is required, due to the reevaluation as of July 1, 2008, to hold a public hearing before setting a tax rate due to the amount of increase of the assessments being greater than 1%. He stated that following the public hearing, the Board must readopt the Tax Ordinance. Chairman Clark called for persons to speak in favor of or in opposition to the increase. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. 17 Supervisor Bradshaw moved that the Board authorize the Chairman to execute the following Ordinance on behalf of the Board: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009 nd ADOPTED THIS 2 DAY OF OCTOBER, 2008. BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: (1) That there is hereby levied for the fiscal year beginning July 1, 2008, a tax of $0.52 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58.1-2606 of the Code of Virginia, as amended; (2) That there is hereby levied for the fiscal year beginning July 1, 2008, a tax of $0.95 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1-3507 of the Code of Virginia, as amended; (3) That there is hereby levied for the fiscal year beginning July 1, 2008, a tax of $1.00 per one hundred dollars of assessed valuation on boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia, as amended; (4) That there is hereby levied for the fiscal year beginning July1, 2008, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft for recreational purposes only; (5) That there is hereby levied for the fiscal year beginning July 1, 2008 a tax of $4.40 per one hundred dollars of assessed valuation on tangible personal property as defined and classified in Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of Virginia, as amended, except that all household goods and personal effects as defined and classified in Section 58.1-3504 are exempt from said levy; and (6) That there is hereby levied for the fiscal year beginning July1, 2008, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia, as amended, and 18 pipeline distribution companies as defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia, as amended, however in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED: That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: C. Amendment of Budget (Resolution to Appropriate Funds from the Designated Fund Balance for Land Acquisitions) Chairman Clark called for persons to speak in favor of or in opposition to the proposed budget amendment. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark moved that the Chairman be authorized to sign the following Resolution to Appropriate Funds from the Designated Fund Balance for Land Acquisition: RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE FOR LAND ACQUISITIONS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the acquisition of the Johnson Property in Zuni, the HRFT, Inc. property in Windsor and the Stoup property in Carrollton; and, WHEREAS, funds up to the amount of three million four hundred twenty-five thousand dollars ($3,425,000) need to be appropriated from the Designated Fund Balance of the Capital Projects Fund to the FY 2008-09 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that up to three million four hundred 19 twenty-five thousand dollars ($3,425,000) from the Designated Fund Balance of the Capital Projects Fund be appropriated to the FY 2008-09 General Operating Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Interim County Attorney Burton requested the Board to authorize the Chairman to execute the deed with HRFT for the intermodal park. Supervisor Brown moved to authorize the Chairman to execute the Deed with HRFT for the intermodal park. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Chairman Clark called for a public hearing on the following: D. Transfer of Real Property from Isle of Wight County to the Industrial Development Authority of Isle of Wight County for Land to be used as Part of the Intermodal Park. Chairman Clark called for persons to speak in favor of or in opposition to the transfer of real property. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the Chairman be authorized 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: E. An Ordinance to Amend Chapter 16, Tyler?s Beach Boat Harbor. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. 20 No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Board authorize the Chairman to execute the following Ordinance on behalf of the Board: AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE ?CHAPTER 16. TYLERS BEACH BOAT HARBOR. ARTICLE IV. ABANDONED PROPERTY.? WHEREAS, on December 5, 1967 the Isle of Wight County Board of Supervisors, after holding a public hearing in accordance with Section 15.2- 1427 of the Code of Virginia (1950, as amended), enacted Chapter 16 of the Isle of Wight County Code to establish a public boat harbor known as the ?Tylers Beach Boat Harbor?; and WHEREAS, the increased use of the Tylers Beach Boat Harbor has resulted in the need to ensure the safety and security of the facility and to protect the life and safety of the citizens using the same; BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that ?Chapter 16, Tylers Beach Boat Harbor, Article IV, Abandoned Property? of the Isle of Wight County Code be amended as follows: Sec. 16-8. Abandoned Property. (a) Whenever the Department of Parks and Recreation, Recreation Coordinator, Park Administrator, or their designees or successors shall be of the opinion that any vessel has been abandoned, or that any dock, wharf, pier, piling, bulkhead or other structure or vessel might endanger the public health or safety of persons, or might constitute a hazard or obstruction to the lawful use of the waters within or adjoining boat harbor, he shall cause a written notice to be mailed by certified mail or delivered to the owner of such dock, wharf, pier, piling, bulkhead or other structure or vessel, directing the owner to remove, repair, or dispose of or secure such property within the time specified in such notice. Any such owner who shall fail to remove, repair, dispose of or secure such property within the time specified in such notice shall be guilty of a Class 1 misdemeanor. Each day?s default in the removal, repair, disposal or securing shall constitute a separate offense. In addition, a judge hearing the case may order the owner to remove, repair, dispose of or secure the dock, wharf, pier, piling, bulkhead or other structure or vessel. 21 (b) If the owner fails to remove, repair, dispose or secure such dock, wharf, pier, piling, bulkhead or other structure or vessel within the time specified in the notice given pursuant to this Section, the Department of Parks and Recreation, Recreation Coordinator, Park Administrator, or their designees or successors may remove, repair, dispose of or secure such property at the expense of the owner, and the expense shall be chargeable to and paid by the owner of such property or the owner of the property to which any dock, wharf, pier, piling, bulkhead or other structure, hereinafter referred to as ?hazard? is attached. Such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner?s other real property in the County, until paid. Such expense shall be reported by the Department of Parks and Recreation, Recreation Coordinator, Park Administrator, or their designees or successors to the County Treasurer, who shall collect the same in the manner in which County taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the Circuit Court of the County, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law. (c) If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a reasonable search and the above referenced notice has been made to the last known address of any known lawful owner, the Department of Parks and Recreation, Recreation Coordinator, Park Administrator, or their designees or successors, may cause repairs to be made to such wharf, pier, piling, bulkhead or other structure or vessel, or cause same to be removed and disposed of after giving notice of such repair or removal in a newspaper of general circulation in Isle of Wight County, Virginia. In the event the Department of Parks and Recreation, Recreation Coordinator, Park Administrator, or their designees or successors, causes the removal, repair or security of any such wharf, pier, piling, bulkhead or other structure or vessel after complying with the notice provisions of this section, such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner's other real property in the County, until paid. Such expense shall be reported by the Department of Parks and Recreation, Recreation Coordinator, Park Administrator, or their designees or successors, to the County Treasurer, who shall collect the same in the manner in which County taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the Circuit Court of the County, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law. For state law as to authority of the County to regulate abandoned property, see Code of Va., § 15.2-909. 22 The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown requested the status of the removal of a registered boat that is underwater at the dock. Gina R. Ippolito, Recreation Manager, advised that prior to the approval of the Ordinance tonight, staff had not had the authority to remove abandoned property. She advised that adoption of the Ordinance allows staff to be able to move forward with enforcement of abandoned property. Chairman Clark called for a public hearing on the following: F. An Ordinance to Enact Chapter 12.1 Public Parks and Recreation Facilities. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the following Ordinance on behalf of the Board: AN ORDINANCE TO ENACT CHAPTER 12.1. PUBLIC PARKS AND RECREATION FACILITIES. WHEREAS, there has been a marked growth in the use of Isle of Wight County public parks and recreation facilities; and WHEREAS, the Isle of Wight County Board of Supervisors is concerned about the safety and security of the citizens of Isle of Wight County using such public facilities; NOW THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 12.1. Public Parks and Recreation Facilities is hereby enacted as follows: CHAPTER 12.1. PUBLIC PARKS AND RECREATION FACILTIES. Article I. In General. Sec. 12.1-1. Definitions. 23 Article II. Regulations Governing Public Parks and Recreation Facilities. Sec. 12.1-2. Alcoholic beverages and controlled substances prohibited. Sec. 12.1-3. Operating or parking vehicles in recreational facilities generally. Sec. 12.1-4. Games of chance prohibited. Sec. 12.1-5. Concealed weapons prohibited. Sec. 12.1-6. Open fires. Sec. 12.1-7. Toilets; cleanliness and use. Sec. 12.1-8. Use of public parks and recreational facilities property and equipment. Sec. 12.1-9. Control of litter. Sec. 12.1-10. Control of animals. Sec. 12.1-11. Hours of operation. Sec. 12.1-12. Permits for use of public parks and recreational facilities. Sec. 12.1-13. Leasing of park facilities; charges for use of such facilities and admission to recreation activities. Sec. 12.1-14. Posting advertisement; sale of goods generally. Sec. 12.1-15. Sale of food and soft drinks; canteen concessions. Sec. 12.1-16. Washing, repairing or servicing vehicles. Sec. 12.1-17. Use of nature trails, pedestrian paths, etc. Sec. 12.1-18. Operation of nonlicensed motorized vehicles. Sec. 12.1-19. Rules and regulations. Sec. 12.1-20. Violations of chapter. Article I. In General. Sec. 12.1-1. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: County shall mean the County of Isle of Wight. Administrator shall mean either the Isle of Wight Department of Parks and Recreation Administrator, Park Administrator or their designee. Person shall mean any person, firm or corporation. Public parks and recreation facilities shall mean any buildings, lands and water, including roadways, recreation equipment, structures and flora and fauna therein, owned, leased or operated under the jurisdiction of Isle of Wight County as a park or recreation area and open to the general public for park or recreation purposes. (8-21-08.) 24 Article II. Regulations Governing Public Parks and Recreation Facilities. Sec. 12.1-2. Alcoholic beverages and controlled substances prohibited. (a) No person shall consume or possess an open or previously opened container containing any alcoholic beverage, or be under the influence of an alcoholic beverage while in public parks and recreational facilities. (b) Notwithstanding subsection (a), the sale, possession and consumption of alcohol, by persons of legal age, at public parks and recreation facilities may be permissible at designated evens as may be determined and authorized by the Administrator. (c) No person shall consume, possess or be under the influence of any controlled substance, as defined by the Code of Virginia, while in public parks and recreational facilities. (8-21-08.) Sec. 12.1-3. Operating or parking vehicles in recreational facilities generally. No person shall operate or park any vehicle in public parks and recreational facilities except on the roadways and parking areas provided and/or designated for this purpose. Nor shall any vehicle be parked in a manner as to impede or obstruct the normal safe flow of traffic. (8-21-08.) Sec. 12.1-4. Games of chance prohibited. No person shall engage in games of chance in public parks and recreational facilities. (8-21-08.) Sec. 12.1-5. Concealed weapons prohibited. Unauthorized persons shall not carry concealed weapons, nor shall they have on or about their person dangerous or deadly weapons, in public parks and recreational facilities. (8-21-08.) Sec. 12.1-6. Open fires. No person shall make a fire in public parks and recreational facilities other than in grills, fire places or other areas as designated and approved for such use by the Administrator. All fires shall be closely monitored and completely extinguished by persons starting and using them before those persons leave the immediate vicinity. (8-21-08.) Sec. 12.1-7. Toilets, cleanliness and use. 25 No person shall fail to cooperate in maintaining restrooms in a neat and sanitary condition. No person over the age of six (6) years shall enter the restrooms designated for the opposite sex. There shall be no loitering in the restrooms. (8-21-08.) Sec. 12.1-8. Use of public parks and recreational facilities property and equipment. No person shall damage, deface, destroy, remove, injure or improperly use public parks and recreational facilities, property, equipment or the natural environment. (8-21-08.) Sec. 12.1-9. Control of litter. No person shall throw, deposit or leave any litter, refuse or rubbish of any kind in public parks and recreational facilities except in public receptacles and in such manner that the litter, refuse or rubbish will be prevented from being carried by the elements. Where public receptacles are not provided all such litter, refuse or rubbish shall be carried away from the area by the person responsible for its presence and properly disposed of elsewhere. (8-21-08.) Sec. 12.1-10. Control of animals. No person shall permit his animal to run at large except in designated areas. In the case of a dog, the owner or his agent shall secure the animal by a collar with a chain, cord or leash not exceeding eight (8) feet in length, and have the animal under complete and immediate control. Owners shall be responsible for the removal of animal waste. (8-21-08.) Sec. 12.1-11. Hours of operation. The Administrator shall establish hours of operation for public parks and recreational facilities; the hours may prohibit use of certain facilities at certain times. (8-21-08.) Sec. 12.1-12. Permits for use of public parks and recreational facilities. Permits for the use of public parks and recreational facilities may be required by the Administrator. Where permits are required, no person shall engage in or make use of any park and recreational facility without first paying for same and adhering to the rules and regulations governing use of said facility. (8-21-08.) Sec. 12.1-13. Leasing of park facilities; charges for use of such facilities and admission to recreation activities. 26 When authorized by the Board of Supervisors and upon such terms and conditions as it may provide, the public parks and recreation facilities may be leased. The County Administrator shall fix and collect charges for the use of the facilities and services, fix and collect charges for admission to concerts, entertainment and other recreational activities sponsored by the County. (8-21-08.) Sec. 12.1-14. Posting advertisement; sale of goods generally. (a) No person shall post, distribute, circulate or display any notice, banner, advertisement or printed material in any park or recreational facility without permission of the Administrator. (b) No person shall offer for sale or rent any goods, articles, privileges, commodities or services whatsoever or solicit for any purpose in any recreational facility without obtaining written permission from the Administrator, and for such time and at such places as the Administrator may determine. This Section shall not be construed to apply to the sale of food, soft drinks and other like goods pursuant to Section 12.1-16 below. (8-21-08.) Sec. 12.1-15. Sale of food and soft drinks; canteen concessions. The sale of foods, soft drinks or other like goods is prohibited in any park or recreational facility, except from canteens or concessions operated by concessionaires authorized by the Administrator. (8-21-08.) Sec. 12.1-16. Washing, repairing or servicing vehicles. No person shall use any park or recreational facility for washing, repairing or servicing, other than replacing a flat tire, of any vehicle designed for self-propulsion except in designated areas. Abandonment of such vehicles is prohibited and such vehicles shall be removed at the owners expense. If mechanical disablement occurs, immediate steps must be taken for removal. (8-21-08.) Sec. 12.1-17. Use of nature trails, pedestrian paths, etc. No person other than those authorized by the Administrator shall operate a motorized vehicle upon nature trails, pedestrian paths, and bikeways specifically designated and established for such use. (8-21-08.) Sec. 12.1-18. Operation of nonlicensed motorized vehicles. No person shall operate a nonlicensed motorized vehicle in any park or recreational facility unless in an area specifically designated for such use by the Administrator. (8-21-08.) 27 Sec. 12.1-19. Rules and regulations. The Administrator shall have the right to promulgate rules and regulations for the operation of public parks and recreation facilities and the activities therein. Such rules and regulations shall be posted at such park and recreation facility and available for review in the office of the County Administrator. (8-21-08.) Sec. 12.1-20. Violations of chapter. Any person violating any provision of this Chapter or any rule or regulation duly adopted hereunder shall be guilty of a Class 4 misdemeanor, unless otherwise specifically provided. In addition, such person may be ejected form the park, building or other facility wherein the violation occurred. (8-21-08.) For state law as to authority of the County to restrict certain activities in public parks and recreation facilities, see Code of Va., § 15.2-1806 et seq. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: G. An Ordinance to Amend Chapter 8 Garbage, Weeds and Litter, Article IV, Load Covering and Transportation of Litter, Section 8-12, Penalties. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Board authorize the Chairman to execute the following Ordinance on behalf of the Board: ANORDINANCETOAMENDANDREENACT THEISLEOFWIGHTCOUNTYCODE CHAPTER8.GARBAGE,WEEDSANDLITTER. ARTICLEIV.LOADCOVERINGANDTRANSPORTATIONOFLITTER. SECTION8-12.PENALTIES. WHEREAS, on August 21, 2006, the Isle of Wight County Board of Supervisors amended and reenacted Chapter 8 to the Isle of Wight County 28 Code in order to more appropriately address the growing concerns about garbage, weeds and litter within the County; and WHEREAS, the Isle of Wight County Board of Supervisors continues to be concerned about the amount of litter on County roadways coming from uncovered vehicles. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 8. Garbage, Weeds and Litter. Article IV. Load Covering and Transportation of Litter. Section 8-12. Penalties be amended and reenacted as follows: Sec. 8-12. Penalties. Any person violating this Article shall be deemed guilty of a Class 1 misdemeanor. In lieu of imposition of a fine, the court may order the defendant to perform community service in litter abatement activities. (8- 21-06.) The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: H. An Ordinance to Amend Chapter 7, Fire Protection, Article II, Fireworks and Article III, Open Burning. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Brown moved that the Board authorize the Chairman to execute the following Ordinance on behalf of the Board: ANORDINANCETOAMEND CHAPTER7.FIREPROTECTION. ARTICLEII.FIREWORKS. SECTION7-2.SALE,ETC.,OFCERTAINFIREWORKSPROHIBITED GENERALLY. WHEREAS, the Isle of Wight County Board of Supervisors has adopted the Virginia Statewide Fire Prevention Code pursuant to Section 27-97 of the Code of Virginia (1950, as amended) in order to safeguard life 29 and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems and structures, and the unsafe storage, handling, and use of substances, materials and devices, including fireworks, explosives and blasting agents; and WHEREAS, in order retain consistency with the Isle of Wight County Code to reduce possible confusion by Isle of Wight County citizens. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 7. Fire Protection. Article II. Fireworks. Section 7-2. Sale, etc., of certain fireworks prohibited generally of the Isle Wight County Code be amended by adding the following: Sec. 7.2. Sale, etc., of certain fireworks unlawful. (a) Except as otherwise provided in this Chapter, it shall be unlawful for any person to transport, manufacture, store, sell, offer for sale, expose for sale, or to buy, use, ignite or explode any firecracker, torpedo, skyrocket, or other substance or thing, of whatever form or construction, that contains any explosive or flammable compound or substance, and is intended, or commonly known, as fireworks and which explodes, rises into the air or travels laterally, or fires projectiles into the air, other than those permissible fireworks described in subsection (b) below. (b) This Section shall not apply to the use or sale of permissible fireworks. For purposes of this Section, ?permissible fireworks? means any sparklers, fountains, Pharaoh?s serpents, caps for pistols, or pinwheels commonly known as whirligigs or spinning jennies. (c) Notwithstanding subsection (b) above, no person may use, ignite or exploded permissible fireworks unless on private property with the consent of the owner of such property. (d) This Section shall have no applicability to any officer or member of the armed forces of this Commonwealth, or of the United States, while acting within the scope of his authority and duties as such, nor to any offer of sale or sale of fireworks to any authorized agent of such armed forces; nor shall it be applicable to the sale or use of materials or equipment, otherwise prohibited by this Section, when such materials or equipment is used or to be used by any person for signaling or other emergency use in the operation of any boat, railroad train or other vehicle for the transportation of persons or property. (e) The County Administrator may, upon special public occasions, issue permits for the display of fireworks by fair associations, amusement parks, or by any organization or group of individuals, under the minimum terms and conditions set forth in the Virginia Statewide Fire Prevention 30 Code. The issuance of such a permit shall not be made unless and until the applicant provides for and enters into a bond, in the penalty of not less than One Thousand Dollars ($1,000.00) with sufficient security, payable to Isle of Wight County and conditioned to pay for all damages to any person or property caused or resulting from the use of such fireworks. The terms and conditions of such a permit shall be as prescribed by the County Administrator and no person shall violate the same. For state law as to authority of the County to restrict certain sales of fireworks and to issue firework permits, see Code of Va., §§ 27-94 et seq. and 15.2- 974. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: I. An Ordinance to Amend Chapter 12, Offenses ? Miscellaneous, Section 12-11, Hunting Near Public Schools or Parks Prohibited. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark moved that the Board authorize the Chairman to execute the following Ordinance on behalf of the Board: AN ORDINANCE TO AMEND AND REENACT CHAPTER 12. OFFENSES ? MISCELLANEOUS. SECTION 12-11. HUNTING NEAR PUBLIC SCHOOLS OR PARKS PROHIBITED. WHEREAS, the Isle of Wight County Board of Supervisors is concerned about the safety and security of the citizens of Isle of Wight County; and WHEREAS, in order to address this problem, the Board of Supervisors deems it appropriate to enact revisions to Chapter 12 of the Isle of Wight County Code. NOW THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 12. Offenses ? 31 Miscellaneous. Section 12-11. Hunting near public schools or parks prohibited be repealed and reenacted as follows: Sec. 12-11. Hunting near public schools or parks prohibited. (a) No person shall shoot, hunt or attempt to hunt with a firearm within one hundred (100) yards of any property line of any county public school or county park within the Newport Development Service District. (b) No person shall transport, possess or carry a loaded firearm within one hundred (100) yards of any property line of any county public school or county park within the Newport Development Service District, except as otherwise permitted by state law. (c) The provisions of this section shall not apply to the discharge of a firearm for the killing of deer pursuant to Section 29.1-529 of the Code of Virginia (1950, as amended). This exemption shall apply on land of at least five acres that is zoned for rural agricultural use. (d) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. (4-16-92; 2-21-08.) Sec. 12-11.1 Discharging firearms. (a) No person shall discharge any firearm within the county within 1,000 feet of a (i) platted subdivision; (ii) business establishment; (iii) public building; (iv) public gathering; or (v) public meeting place, unless engaged in lawful hunting. For purposes of this subsection (a), a ?platted subdivision? shall mean a single-family residential subdivision of more than five (5) lots platted at the same time. (b) Any person violating the provisions of this section shall be punishable as a Class 1 misdemeanor. (c) This section shall not apply to a (i) law-enforcement officer in the performance of his official duties; (ii) any person whose discharge of a firearm is justifiable or excusable at law in the protection of life or property; (iii) the discharge, on land zoned for agricultural use, of a firearm for the killing of deer pursuant to Section 29.1-529 of the Code of Virginia (1950, as amended); (iv) the discharge of a firearm that is otherwise specifically authorized by law; (v) the discharge of black powder firearms using blanks as part of historical re-enactments, historical living history programs and historical demonstrations; (vi) the discharge of starter blank weapons to initiate athletic competitions; or (vii) ceremonial and patriotic displays. (2- 21-08.) For state law as to authority of the County to 32 regulate the discharge of firearms, see Code of Va., §§ 15.2-1209, 18.2-280 and 29.1-527 The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark moved that staff be directed to bring back a revision to the Board to Section 12.11, Hunting Near Public Schools or Parks, to include the schools in the Hardy District and authorize a public hearing for the Board?s October 16, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: J. Renewal of the Agricultural Lease for the Johnson Farm. Chairman Clark called for persons to speak in favor of or in opposition to the proposed renewal of the lease agreement. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Fifth Amendment of the Lease Agreement with Matthew J. Johnson. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // At 7:45 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, Casteen, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ Stan D. 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