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06-16-2011 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND ELEVEN PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice - Chairman Al Casteen JoAnn W. Hall Kenneth M. Bunch Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk /1 // Chairman Wright called the meeting to order at 5:00 p.m. Supervisor Hall delivered the invocation. The Pledge of Allegiance was conducted. Chairman Wright called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Administrator's report, remove the request by General Registrar's Office to fill a part-time position; under the County Administrator's report, move the School budget transfer resolution following Special Presentations; and, move the Community Development report to later in the meeting upon the arrival of Amy Ring. Supervisor Casteen moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Special Presentations /Appearances. Animal Control Officer Barlow introduced a dog currently available for adoption at the County's animal shelter. 1 Sheriff Phelps advised the Board regarding the progress on the new Animal Control facility and invited the Board to attend the open house on July 7, 2011 from 4:00 p.m. until 5:00 p.m. The Board recognized Girl Scout Troops 319, 681, 25, 482, 776, 989, 1081, 1089,1392, 1401, 4070 and 5114. Supervisor Clark moved that the following Resolutions be adopted: RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 319 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 319 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 319 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 319 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 319 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 319 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 681 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 681 of Isle of Wight County, VA has donated more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, 2 WHEREAS, Troop 681 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 681 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 25 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 25 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 25 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 25 in conjunction with Troop 68 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 25 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 25 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 482 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 482 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 482 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 482 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, 3 WHEREAS, Troop 482 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 482 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 776 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 776 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 776 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 776 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 776 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 776 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 989 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 989 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 989 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, 4 WHEREAS, Troop 989 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 989 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 989 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 1081 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 1081 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 1081 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 1081 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 1081 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 1081 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 1089 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 1089 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, 5 WHEREAS, Troop 1089 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 1089 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 1089 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 1089 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 1392 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 1392 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 1392 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 1392 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 1392 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 1392 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 1401 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 1401 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 1401 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 1401 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 1401 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 1401 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 4070 OF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 4070 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 4070 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 4070 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 4070 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 4070 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. RESOLUTION TO RECOGNIZE GIRL SCOUT TROOP 5114 QF ISLE OF WIGHT COUNTY, VA. FOR OUTSTANDING VOLUNTEER SERVICES WHEREAS, Girl Scout Troop 5114 of Isle of Wight County, VA has worked in conjunction with Girl Scout Troop 681 of Isle of Wight County to donate more than 4 hours of volunteer service at Carrollton Nike Park; and, WHEREAS, Troop 5114 in conjunction with Troop 681 donated fifty Crepe Myrtle Trees valued at eight hundred dollars and two hundred volunteer hours to the County; and, WHEREAS, Troop 5114 in conjunction with Troop 681 planted twenty trees along Nike Park Road and thirty trees to screen the irrigation well; and, WHEREAS, Troop 5114 has been of invaluable assistance to the Isle of Wight County Department of Parks and Recreation; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Girl Scout Troop 5114 of Isle of Wight County, Va., is recognized and congratulated for their exemplary dedication and service to Isle of Wight County. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Cathy Rader, United Way of South Hampton Roads, notified the Board that County employees contributed $11,706 to United Way in 2010, for a grant total over the last five (5) years of $54,760. Andrea S. Clontz, Employee Coordinator and Pam Barton, Director of Social Services, were recognized and presented t- shirts expressing United Way's theme "Live United." Lisa Steel of Bella Fabrics of Carrollton was the featured Small Business Close -up. Mike McCoy, Virginia Campaign Coordinator, addressed the Board regarding his opposition to the proposed coal -fired power plant in Surry County. He requested the Board to oppose the proposed coal -fired power plant by adopting a resolution of opposition and submitting a copy of any Board action taken to the Army Corps of Engineers (COE) which is currently gathering information for inclusion in an environmental impact statement. Bob Burnley, former Head of the Virginia Department of Environmental Quality and environmental advisor, on behalf of the Coalition of Clean Energy and Clean Air Advocates for Virginia, stated that it is a myth that the proposed facility will be a state-of-the-art coal -fired power plant as it is really a super critical pulverized coal plant. He further stated that it is also 8 a myth that the mathematical modeling done shows emissions from the proposed plant will not have a significant impact on human health or the environment. He advised that the Department of Environmental Quality (DEQ) has not received a permit application for the facility yet. He stated that emissions from this plant will cause ozone concentrations to rise in an area that is already struggling to meet the ozone standard. He advised that in 2010 there were five (5) days in Hampton Roads in which the air was not safe to breathe. He advised that the ozone season runs from May until October and there have already been four (4) days this year. He advised that additional ozone pollution will cause more severe and frequent asthma attacks, more premature deaths, more strokes and more cardiac events such as heart attacks. He advised that the proposed plant will also emit 1,800 tons of soot every year for the next fifty (50) years and forty-four (44) pounds of mercury which will further contaminate streams in this part of the State, as well as in the Chesapeake Bay. He stated this unregulated source of water pollution will be falling on all of the communities downwind, including the County. He advised that the County will be responsible for cleaning up under the DEQ Total Maximum Daily Load (TMDL) program and for ensuring that the County is not contributing to the problem. He stated there will also be economic damages to the seafood industry and tourism. He advised that the proposed plant is going to push the County into a non- attainment area and businesses do not open up new shops in areas with environmental issues. He stated this is the wrong project at the wrong place at the wrong time. Responsive to Supervisor Clark's request, Mr. Burnley offered to email a proposed resolution of opposition to County Administrator Caskey for the Board's future consideration. Chairman Wright advised that Theodore Hardison, the Governor's Appointee to the Southeastern Public Service Authority of Virginia (SPSA), was scheduled to make an appearance, but is not present. Sheriff Phelps introduced two (2) dogs, one trained to identify drugs and the other bombs. He advised that the K -9 drug dog will provide a demonstration at the upcoming Olden Days event, which will include child identification through the Project Lifesaver program. He advised that his staff has moved into certain portions of the new Sheriff's office facility. He advised that his office has been approved for a final year of funding for a School Resource Officer. He advised that staff is still working on certification as a crime prevention community, to include accreditation. He advised that the "National Night Out" at Thomas Park will be held in August and School Resource Officer Gwaltney will be teaching child drug resistance and safety programs during summer camp. He advised that Deputy Pope will be teaching at the Wakefield 4 -H camp and School Resource Officer Byrum will be teaching BB gun safety to the Boy Scouts. He advised that 350 seniors attended the Tri -Ad conference in May of 2011. // County Administrator Caskey presented A Resolution to Authorize a Budget Transfer within the FY2010 -11 Budget for Isle of Wight Public Schools for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE A BUDGET TRANSFER WITHIN THE FY2010 -11 BUDGET FOR ISLE OF WIGHT PUBLIC SCHOOLS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia adopted the FY2010 -11 Isle of Wight County Public Schools budget by category; and, WHEREAS, the Schools anticipate overages in the Instructional Services and Pupil Transportation categories due to unanticipated personnel expenses and higher fuel and bus repair costs respectively; and, WHEREAS, sufficient funding exists within the Debt Services category to cover the overages in the aforementioned categories; and, WHERAS, transfers between categories in the Isle of Wight County Public Schools budget require authorization by the Board of Supervisors. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the Isle of Wight County Public Schools is authorized to transfer funds in the amount of $100,000 from the Debt Service category to the Instructional Services ($50,000) and Pupil Transportation ($50,000) categories in the FY2010 -11 Isle of Wight County Public Schools budget. BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to make the appropriate accounting adjustments in the budget and to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Wright called for consideration of the Consent Agenda. A. Quarterly Visit from Senator Mark R. Warner's Office B. Charter Communications C. NACo Voting Credentials 10 D. Surplus Vehicles and Equipment Declaration Resolution to Deem Certain Property and Vehicles as Surplus Equipment E. Compliance with General Accounting Standards Board Statement No. 54 Resolution to Adopt and Implement Governmental Accounting Standards Board Statement No. 54 F. Commitment of Certain Funds in Accordance with General Accounting Standards Board Statement No. 54 Resolution to Lapse or Commit Funds in Accordance with Governmental Accounting Standards Board Statement No. 54 G. Fiscal Year 2010 -11 Monthly Financial Reports for County and Schools H. Biosolids Program in Isle of Wight County Supervisor Clark moved that the Consent Agenda be approved, as presented. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Wright called for Regional Reports. Supervisor Clark distributed handouts pertaining to discussions held at the most recent Hampton Roads Transportation Planning Organization meeting. He stated that no tolls on the James River Bridge and Patriot's Crossing remain areas of focus for the TPO. He advised that CAO's of all cities and counties were tasked with developing a governing organization with respect to the inoperability of emergency communications. Supervisor Casteen reported that only routine matters were discussed at the last meeting of the Social Services Board. Mark C. Popovich, Assistant County Attorney, reported that the 2012- 13 Southern Public Service Authority budget had been adopted. Supervisor Hall reported that the Interim Jail Superintendent had been hired as the Jail Superintendent at the most recent meeting of the Western Tidewater Regional Jail Authority and contracts had been reviewed relative to the upkeep of the Jail. 11 Chairman Wright notified the Board regarding a meeting held in Hanover County regarding TMDL. He advised that he had objected to the sentiment that nitrogen in the Chesapeake Bay is primarily caused by farmers. Chairman Wright moved that County Administrator Caskey be directed to meet with the Director of Economic Development with respect to the setting of a meeting with Senator Frank Ruff regarding potential tobacco funding for the County. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark reported that he recently chaired a Hampton Roads Planning District Commission Technical Advisory Committee regarding data for TMDL and Chesapeake Bay Act clean up proposals. Supervisor Clark reported as Chairman of the VACo Transportation Steering Committee, he had recently met with the Secretary of Transportation and the VDOT Chairman. He advised that a resolution had been adopted in opposition to increased trucking load requirements. Supervisor Clark advised that he had recently toured the American K -9 facility with Congressman Forbes and he encouraged all to visit the facility. 1/ Chairman Wright called for Transportation Matters. Edwin P. Wrightson, Director of General Services, presented a Resolution of the Isle of Wight County Board of Supervisors Requesting Yellow Rock Lane be Added to the State Secondary Roadway System for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS REQUESTING YELLOW ROCK LANE BE ADDED TO THE STATE SECONDARY ROADWAY SYSTEM WHEREAS, Yellow Rock Lane was established prior to 1980 and currently serves at least 3 families per mile; and WHEREAS, a 40 -foot wide right of way was acquired by the County on June 7, 2001 and subsequently corrected on June 22, 2010; and WHEREAS, on February 22, 2011, the County' acquired right of way on an adjoining road segment to be used as a turnaround; and 12 WHEREAS, the Virginia Department of Transportation has deemed the County's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to §33.1 -72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, the Board finds that certain owners own more than one (1) lot but that none were original developers nor successor developers, and deems that extenuating circumstances exist to warrant this addition without assessment against those persons owning more than one (1) lot or parcel; and NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors requests Yellow Rock Lane be added to the Secondary System of State Highways, pursuant to Section 33.1 -72.1 (C) of the Code of Virginia; Name of District: Newport Name of Street: Yellow Rock Lane From: State Route 665 To: Hideaway Lane (T turnaround, each leg 25 foot long, 60 foot wide and 50 foot wide right of way, respectively, available at the end of Yellow Rock Lane) Length: 0.63 miles Guaranteed Right -of -Way Width: 40 feet Plat Record, Date: June 29, 2001 Instrument: 013241 Page: 296 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to §33.1 -72.1 (D), Code of Virginia; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the District Office of the Virginia Department of Transportation. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Wright called for Citizens Comments. Edmond Easter, Hideaway Lane, advised that he and other members of the Isle of Wight Citizens Association had recently discussed the possibility of saving money by closing the Windsor Middle School. He advised that a meeting had been held with School officials, Thomas Finderson and reporters 13 for The Smithfield Times and The Tidewater News. He stated some of the information was noted to be out of date and unsubstantiated as to what the actual savings could be. He stated that based on information provided to him, there is no possibility of moving the students from Windsor Middle School to Windsor High School. He commented on an article written in The Smithfield Times which was inaccurate pertaining to the chemistry room. He stated that the statement in that same article indicates there are 3.5 students on the average in the Algebra class, but his calculations are 20 per class at Windsor High School. Alison Gail, Beautification Committee member, requested that Committee's remaining funds (donated and project) be rolled over to this year's budget for use by that Committee. Ben Rideout, Beautification Committee member, distributed pictures of an ongoing sign project in Zuni. He requested that the left over funds from this year be rolled to next year. Supervisor Clark moved that staff be directed to discuss the entranceways into the County with Mr. Rideout and Ms. Gail. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Bekura W. Shabazz, State Vice - President for the Coalition for Justice and Civil Rights, requested the Board to encourage Sheriff Phelps to resign from his position. Rudy Langford, President for the Coalition for Justice and Civil Rights, requested the Board to set aside its relationship with Sheriff Phelps and admit that there has been a wrong committed in the Sheriff's office. Bob Burnley, former head of the Virginia Department of Environmental Quality, spoke relative to the Total Maximum Dail Load (TMDL) requirement from the Department of Environmental Quality. He advised that everyone agrees that 1/3 of the non -point source of nitrogen is from air emissions. Carol Jones, Secretary for the animal shelter, spoke about the dedication of Animal Control staff, its volunteers and rescue workers. Julia Buce, volunteer at the animal shelter, requested additional funding for that Department. Nancy Deming May, Newport District, spoke in opposition to the proposed coal facility in Surry. She requested that the Board adopt a resolution in opposition to the proposed coal fired plant in Surry. 14 Sharon Hart, Newport District, spoke regarding the proposed power plant in Surry with respect to the disposal of mercury into the wastewater stream. // Chairman Wright called for Board comments. Supervisor Clark addressed the issue of the County's bond rating noting that it has remained constant even in the economic downturn and the closure of International Paper. He stated that of the 95 counties located in the State of Virginia, only six (6) ranked higher than Isle of Wight County. He stated that the County's rating represents the sound fmancial position and fiscal management of the County. Chairman Wright commented that the rating agencies expressed their approval of the County and School officials working together in a common financial interest. 1/ Chairman Wright called for the County Attorney's report. Interim County Attorney Burton presented a Charter Communications VI, LLC Franchise Extension Agreement for the Board's consideration. Chairman Wright moved that the Chairman be authorized to execute the Franchise Extension Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he has received a request from Bill Riddick, Attorney representing All Virginia Environmental Services, requesting that they be provided with a 5% surcharge for increased fuel costs. He advised that currently there is not a provision in the contract for such a fuel surcharge. Mr. Wrightson recommended tying the surcharge to a certain range in fuel costs. Attorney Riddick responded that Mr. Moody is suggesting that if the price of fuel drops below $3 the surcharge would go away and if the price goes up to $4.50, Mr. Moody wants to renegotiate with the County. He pointed out that there is no longer a disposal fee to the County; however, it is costing Mr. Moody more and more to run his business. 15 Chairman Wright moved that Interim County Attorney be directed to make contact with Attorney Riddick regarding the development of a proposal of 5 %. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization to advertise for public hearing An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 12. Offenses - Miscellaneous. Section 12 -1. Bad Checks -Fee for Writing to County. Supervisor Clark moved that the County Attorney's office be authorized to advertise An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 12. Offenses - Miscellaneous. Section 12 -1. Bad Checks -Fee for Writing to County for public hearing at the Board's July 7, 2011 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization to advertise for public hearing the renewal of the lease agreement with the Windsor Hunt Club. He advised that the renewal request is for a period of July 2011 to June 30, 2012. Chairman Wright recommended proceeding with a public hearing on the request with the knowledge that the Carrsville Volunteer Fire Department has notified the County of certain concerns which can be voiced at the time of the public hearing. Chairman Wright moved that the County Attorney's office be authorized to advertise the Windsor Hunt Club Lease for public hearing at the Board's July 7, 2011 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had five (5) matters for discussion later during the closed meeting. /1 Chairman Wright declared a recess. At 7:00 p.m., the Board returned from its recess. Supervisor Clark 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 (4 -0) with Supervisors Casteen, Clark, Hall and Wright voting in 16 favor of the motion; no Supervisors voting against the motion; and, Supervisor Bunch absent for the vote. Chairman Wright called for a public hearing on the following: A. The application of Charles L. & Deborah C. Owens, trustees of the Charles L. Owens & Deborah C. Owens Living Trust, to amend Conditional Rural Residential zoning to request an additional 8.2 acres of land be rezoned from Rural Agricultural Conservation (RAC) to Conditional Rural Residential (C -RR). Said land being located on the east side of Carroll Bridge Road (Rt. 654) approximately 1 mile north of Bowling Green Road (Route 644) in the Windsor Election District, and the request to withdraw the 8.2 acres from the Courthouse AgriculturaLForestal District. This request is to amend zoning case #ZA -04 -10 to increase the acreage of one (1) of the two (2) single family lots rezoned on January 6, 2011 from 1.56 acres to 9.7 acres. Sandy Robinson, Planner, introduced the application. Supervisor Bunch returned to the meeting. Chairman Wright called for persons to speak in favor of or in opposition to the application. Charles Owens, 15433 Carroll Bridge Road, advised that he is interested in selling the property for financial reasons. Chairman Wright closed the public hearing and called for comments from the Board. Chairman Wright moved that the application be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: B The application of Betty G. Duck, Mary E. Hawkins, Nell A. Miller and David T. Gardner for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional - Rural Residential (C -RR) of approximately twenty (20) acres of land located on the north side of Five Forks Road (Rt. 606) approximately .2 mile southeast of its intersection with Everets Road (Rt. 603) in the Windsor Election District. The purpose of the application is for two (2) single- family residential lots, as conditioned. 17 Mr. Whitley introduced the public hearing. Chairman Wright called for persons to speak in favor of or in opposition to the application. Attorney Riddick, representing the applicants, advised that only one (1) new lot is being created and the applicant has offered a full cash proffer with the application. Chairman Wright closed the public hearing and called for comments from the Board. Chairman Wright moved that the application be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: C. An ordinance to amend and reenact the Isle of Wight County Code by amending and reenacting Appendix B, Zoning, Article I, entitled "General Provisions ", Section 1 -1013, entitled "Zoning Permit and Occupancy Permit Guidelines" to revise the requirements for penalties and remedies for violations, Article VII, entitled "General Design Guidelines and Development Review Procedures ", Section 7 -1004, entitled "General Site Design Standards ", to revise the requirements for a preliminary site analysis; Article VIII, entitled "Landscaping and Screening Standards ", Section 8 -1008, entitled "Landscaping Credits Table" to revise the point credit value for trees over eight inch caliper preserved on the site and Article IX, entitled "Signs ", Section 9 -1004, entitled "Temporary Signs ", to allow for sports registration signs, on- premises seasonal agriculture product promotions and sales signs and on- premises business promotions, sales and services signs. Matthew Smolnik, Assistant Director of Planning and Zoning, introduced the Ordinance. Chairman Wright called for persons to speak in favor of or in opposition to the ordinance. Ron Dashield, owner of the South of the James, expressed concern with only being limited to display one (1) advertising sign during the month of July and that the sign must be posted on the side of the building. He advised , that he needs a minimum of two (2) signs. 18 Attorney Riddick commented that he had served on the committee studying this issue as an advisory member and that he appreciates staff proposed ways to relax the ordinance, thus making it more business friendly to the small business community. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark noted that businesses selling seasonal fireworks normally do post multiple signs. He recommended that the Board adopt the Ordinance and staff return with an exception for fireworks to address two (2) weeks before the 4th of July. Action not to invoke penalties on signage for a 90-day period was later taken under Old Business. Supervisor Hall moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B, ZONING, ARTICLE I, ENTITLED "GENERAL PROVISIONS ", SECTION 1 -1013, ENTITLED "ZONING PERMIT AND OCCUPANCY PERMIT GUIDELINES ", ARTICLE VII, ENTITLED "GENERAL DESIGN GUIDELINES AND DEVELOPMENT REVIEW PROCEDURES ", SECTION 7 -1004, ENTITLED "GENERAL SITE DESIGN STANDARDS ", ARTICLE VIII, ENTITLED "LANDSCAPING AND SCREENING STANDARDS ", SECTION 8 -1008, ENTITLED "LANDSCAPING CREDITS TABLE ", AND ARTICLE IX, ENTITLED "SIGNS ", SECTION 9 -1004, ENTITLED "TEMPORARY SIGNS ". WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article I, entitled "General Provisions ", Section 1 -1013, entitled "Zoning Permit and Occupancy Permit Guidelines" of the Isle of Wight County Code be amended and reenacted as follows: 1 -1013 Zoning Permit and Occupancy Permit Guidelines 19 A. When is a Zoning Permit Required 1. A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, enlargement or alteration of any structure, or the establishment of any land use, except for bona fide agricultural uses, such as raising of crop or livestock, permitted by right under the provisions of this ordinance. 2. No permanent sign may be erected without first obtaining a zoning permit in accordance with this ordinance. 3. No building or other structure except accessory farm structures shall be razed, demolished, or removed, either entirely or in part, nor shall any of said activities be commenced, without a zoning permit (7- 1 -97). 4. Additional permits may be required to enforce the provisions of this ordinance. (7 -1 -97) B. Exemption from Zoning Permit The following uses do not require a zoning permit for erection, construction, reconstruction, moving, adding to, enlargement or alternation (7- 1 -97): 1. Streets (7 -1 -97) 2. Electric power, telephone, cable television, gas, water, and sewer lines, street lights, wires or pipes, together with supporting, poles or structures, and traffic control signs Iocated within a public right -of -way. C. Zoning Permit Applications 1. All applicants for a zoning permit shall be accompanied by such plans and information as the Zoning Administrator deems to be necessary and appropriate to determine compliance and provide for enforcement of this ordinance. (7 -1 -97) 2. If this ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit, unless deemed unnecessary by the Zoning Administrator due to the scope and nature of the proposed project or development (7- 1 -97). 3. If the zoning permit involves the subdivision of land, an approved subdivision plat shall be required (7 -1 -97) 20 D. Zoning Permit Approval A zoning permit shall not be issued unless and until the site plan and project proposal complies with applicable established design criteria, construction standards, and specifications for all improvements as may be required by this ordinance E. Expiration of Permits All permits shall expire automatically if, within six (6) months after the issuance of such permits (7- 1 -97): 1. The use authorized by such zoning and/or other permit has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or (7- 1 -97), 2. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of six (6) months, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Severability, Section 1012.A. F. General Description of Occupancy Permit 1. No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, until an occupancy permit shall have been issued by the Building Official. 2. No building, or other structure, or land shall be used, nor shall any building, structure, or land be converted, wholly or in part, to any other use, except for bonafide agricultural uses permitted by right under the provisions of this ordinance, until an occupancy permit has been issued by the Building Official (7- 1 -97). 3. Such permits shall show that the structure or use, or both, or the premises, or the affected part thereof, are in conformity with the provisions of this ordinance. 4. It shall be the duty of the Building Official to issue such permit if it is found that all of the provisions of this ordinance have been met and to withhold such permit unless all requirements of this ordinance have been met. If an occupancy permit is not 21 issued, written notice shall be given to the applicant stating why an occupancy permit cannot be issued (7- 1 -97). 5. Upon written request from the owner, and upon inspection to determine the facts in the case, the Building Official shall issue an occupancy permit for any building premises or use that is in conformity with the provisions of this ordinance or where a legal nonconformity exists, as determined by the Zoning Administrator. (7 -1 -97) G. Temporary or Partial Occupancy Permit 1. The Building Official at his discretion may issue a temporary occupancy permit with a recommendation from the Zoning Administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion in accordance with general rules or regulations concerning such additional conditions and/or safeguards as are necessary, in the circumstances of the case, to protect the safety of the general public. The occupancy permit recipient may be required to provide a performance bond or other security satisfactory to the Zoning Administrator and approved as to form by the County Attorney to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period determined by the Zoning Administrator. 2. A final occupancy permit may be issued for any appropriate complete building or part of a building Located in a part of the total area or any approved site plan, provided: a. The other on -site construction and improvements included in the approved site plan for the section have been inspected and accepted by the County and other appropriate agencies and, at the discretion of the Zoning Administrator, a certified "as built" site plan has been submitted for review and approval prior to the proposed date of occupancy (7- 1 -97). b. The off-site improvements related to and necessary to serve the section have been completed, inspected and accepted by the County, the Virginia Department of Transportation or other appropriate agencies; and the developer has submitted a certified "as built" drawing for the section; or the developer has provided surety acceptable to the Zoning Administrator and approved as to form the by the County Attorney. H. Enforcement and Review 22 1. Zoning permit authorization a. Zoning and occupancy permits issued on the basis of plans and applications approved by the Zoning Administrator shall authorize only the use, arrangement and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorization shall be deemed a violation of this ordinance. b. All departments, officials and public employees of Isle of Wight County, which are vested with the duty or authority to issue permits or licenses, shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue certifications or permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such certification or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. I. Complaints regarding violations Whenever the Zoning Administrator receives a written, signed complaint or a duly completed complaint form alleging a violation of this ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant of what actions have been or will be taken. (7 -1 -97) 3. Persons liable The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. (7 -1 -97) K. Procedures upon discovery of violations 1. If the Zoning Administrator finds that any provision of this ordinance is being violated, a written notice shall be forwarded to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. 2. In cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public 23 health, safety, or welfare, the Zoning Administrator may seek enforcement without prior written notice by posting an order to "Cease and Desist ", and by invoking any of the penalties or remedies authorized in this ordinance. 3. The Zoning Administrator in consultation with the County Attorney may pursue other legal remedies as may be necessary. L. Penalties and remedies for violations 1. Violating, causing or permitting the violation of, or otherwise disregarding any of the provisions of this chapter by any person, firm or corporation, whether as principal, agent, owner lessee, employee or other similar position, shall be unlawful and is subject to the following: a. Criminal Sanctions Upon conviction, shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00), nor more than one- thousand dollars ($1,000.00). Failure to remove or abate a zoning violation shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one - thousand dollars ($1,000.00), and any such failure during any succeeding thirty day period shall constitute a separate misdemeanor offense for each thirty day period punishable by a fine of not less than ten dollars ($10.00) nor more than one - thousand dollars ($1,000.00). b. Injunctive Relief Any violation or attempted violation of this chapter may be restrained, corrected or abated as the case may be by injunction or other appropriate relief. c. Civil Penalties i. Each day during which a violation is found to exist shall be a separate offense. However, in no event shall a violation arising from the same set of operative facts be charged more frequently than once in any ten -day period and in no event shall a series of such violations result in civil penalties of more than five- thousand dollars ($5,000.00). Such civil penalty shall be in lieu of criminal sanctions. However, in the event such civil penalties total five thousand dollars ($5,000.00) or more, the violation may be prosecuted as a criminal misdemeanor. 24 ii. The Zoning Administrator and his designee may issue a civil summons as provided by law for a scheduled violation. Any person summoned for a scheduled violation may make an appearance in person or in writing by mail to the County Treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability and pay the civil penalty established for the offense(s) charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. iii. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. In any trial for a violation, it shall be the burden of the Zoning Administrator or his or her designee to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the Zoning Ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court- ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. d. No provision herein shall be construed to allow the imposition of civil penalties for: i. Enforcement of the Uniform Statewide Building Code; ii. Activities related to land development or activities related to the construction or repair of buildings and other structures; iii. Violations of the Erosion and Sediment Control Ordinance; iv. Violations resulting in injury to any person or persons. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VII, 25 entitled "General Design Guidelines and Development Review Procedures ", Section 7 -1004, entitled "General Site Design Standards" of the Isle of Wight County Code be amended and reenacted as follows: 7 -1004 General Site Design Standards A. Preliminary Site analysis 1. Prior to initiating site design, a written site analysis shall be prepared including details of the physical characteristics of the development site, such as: a. Soils; b. Topography; c. Existing vegetation; d. Existing structures; e. Historical and architectural significance, including a background and site assessment to determine whether or not an archeological study is required. A background assessment shall include a historical and cultural inventory to include all sites referenced on the Isle of Wight Historic Sites and Structures Inventory within the Isle of Wight County Comprehensive Plan. Where County studies have indicated a moderate or high probability that archeological resources may exist on the property, a Phase I Historic and Archeological Study in accordance with and under the discretion of the Virginia Department of Historic Resource shall be conducted; f. Environmentally sensitive lands, i.e. watercourses, wetlands, federal and state protected natural features, and other natural features, including an environmental assessment that identifies and evaluates the impact of the proposed development on the natural resources and characteristics of the property, and surrounding properties including resources such as but not limited to wetlands, flora and fauna and other ecosystems. This shall include written confirmation of all federal and state agencies' reviews. The inventory assessment shall also include alternatives and planned measures to mitigate any impacts identified; g. Relationship of the site to existing road networks; 26 h. Public water and sewer facilities; i. Availability of continuous and unobstructed access for all emergency vehicles and the provision for fire hydrants and water sources for fire protection; J. Schools, including anticipated impacts on existing and proposed facilities, any provisions for accommodating community needs and any means to improve access to any such facility within one mile of the site; k. Recreation, including anticipated impacts on existing and proposed facilities, any provisions for accommodating community needs and any means to improve access to any such facility within one mile of the site; 1. Essential services related to the nature of the intended use; m. Adjoining land uses and structures, including the impact of construction and permanent changes in land use upon surrounding property, such as aesthetics, vegetation, storm water, noise, air, light, and pollution of natural water resources, groundwater, and potable water supplies; n. Local and regional plans for the surrounding area; and o. Relation of this site to existing and proposed pedestrian pathways and bikeways, including an assessment that identifies existing and proposed bikeways and pedestrian pathways for the purpose of providing for additional non - vehicular, multi - purpose pathway connections. 2. Information required as part of the site analysis may have been submitted as part of a rezoning application. In such cases, a copy of the site analysis information presented during the rezoning process may be submitted to satisfy this requirement. However, in any case, the site analysis must contain current information. B. Site design 1. Development of the site shall be based on the results of the site analysis, and the capacity of adjacent roads which will serve the property, the capacity of public water and sewer systems if connections are proposed, and the capacity to provide 27 reasonable and timely response to requests for police, fire and ambulance services. 2. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, to preserve historic structures and to minimize negative impacts and alteration of natural features. a. The following includes those areas that shall, at a minimum, be preserved as undeveloped open space, to the extent consistent with the reasonable use of land, and in accordance with applicable federal, state or county regulations: i. Tidal and non -tidal wetlands, tributary streams (perennial), and tidal shorelines; (7 -1 -97) ii. Significant trees or stands of trees; (7 -1 -97) iii. Land located in the one hundred (100) year floodplain as designated by the Isle of Wight County Flood Plain Management (FPM) District Ordinance; (7 -1 -97) iv. Steep slopes in excess of thirty percent (30 %) unless development is demonstrated to be the only effective way to maintain or improve slope stability; (7 -1 -97) v. Historically significant structures and sites, as listed on federal, state, or county lists of historic places. (7- 1-97) b. The development shall be designed to: i. Minimize adverse affects on ground water and aquifer recharge; (7 -1 -97) ii. Reduce cut and fill; (7 -1 -97) iii. Avoid unnecessary impervious cover; (7 -1 -97) iv. Prevent flooding; (7 -1 -97) v. Provide adequate access to lots and sites; and (7 -1- 97) 28 vi. Mitigate adverse effects of shadow, noise, odor, glare, traffic, drainage, and utilities on neighboring properties (7- 1 -97). 3. The road system shall be designed so as to permit the safe, efficient, and orderly movement of vehicular traffic; to meet the needs of the present and future population; to provide for the interconnection of streets between adjoining developed and undeveloped lands to assure adequate traffic flow; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape. 4. The Virginia Department of Transportation shall approve the location and design of vehicular entrances and exits to and from state - maintained streets and highways. 5. The development shall be designed to provide an adequate drainage system for the disposition of storm and natural waters, to include, where required, storm water structures and/or best management practices. 6. Existing natural features and amenities that add value to a development or to the local community as a whole, such as trees, watercourses, beaches, historic sites, and similar irreplaceable assets, shall be preserved in the design of the development. (7 -1 -97) 7. Existing trees eight (8) inches or more in diameter measured at breast height (four and one -half (4 1 /2) feet from ground level) shall be given high priority in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and shall remain undisturbed wherever possible. (7 -1 -97) 8. Landscaping shall be provided in the required landscaping zones. The type and amount of landscaping required shall be allowed to vary with the type of development, but shall be consistent with standards outlined in Article VIII, Landscaping and Screening Standards. 9. Internal pedestrian pathways or bikeways shall be located as required for safety and as determined by the Zoning Administrator. In conventional developments, walks shall be placed parallel to the street, with exceptions permitted to preserve natural features or to provide visual interest. The standards for construction of pedestrian and bicycle facilities in Isle of Wight County shall meet the required comprehensive standards as adopted by the Board of Supervisors. C. Residential development design within Development Service Districts, excluding Planned Developments, and under the density bonus for cluster development in the Rural Agricultural Conservation District as designated by the Comprehensive Plan shall comply with the following: 1. Residential lots shall front only residential access or subcollector streets, not on collector streets or arterial streets or roads. (7 -1 -97) 2. In the design of residential developments, commercial through traffic shall be prohibited. 3. Every residential lot shall have sufficient vehicular access to it for emergency vehicles, as well as for persons needing access to the property for its intended use. (7 -1 -97) 4. The placement of dwellings in residential developments shall take into consideration topography, building height, orientation, drainage, and aesthetics. (7 -1 -97) 5. Structures shall be spaced so that adequate privacy is provided for individual dwellings. (7 -1 -97) 6. Residential dwellings shall be located and sited to facilitate easy pedestrian access to common open space. 7. Diversity and originality in lot layout and individual dwelling design shall be encouraged to achieve the best possible relationships between the residential development and the land. (7 -1-97) 8. Individual lots and dwellings shall be arranged and situated so as to relate to surrounding properties, and to improve the view from dwellings. (7 -1 -97) 9. Individual lots, dwellings, and parking areas shall be situated to avoid the adverse effects of shadows, noise, glare, and traffic on the residents of the development. (7 -1 -97) 10. Innovative design that encourages energy conservation shall be encouraged. D. Commercial and industrial developments shall be designed according to the same principles governing the design of residential 30 developments and in particular shall take into consideration the following: 1. Structures and roadways shall be located according to topography to avoid environmentally sensitive areas to the maximum extent practicable. a. Factors such as drainage, noise, glare, odor, and surrounding land uses shall be considered in siting structures; (7 -1 -97) b. Sufficient vehicular and pedestrian access shall be provided within the site development and for overall efficient access to the site; and c. Buffering shall be provided to minimize adverse impacts on neighboring properties. 2. Pedestrian walkways shall be provided so that patrons may walk from store to store or building to building within the site and to adjacent sites. 3. Site design shall take into consideration the needs of the disabled and shall comply with all related design standards as may be required by the Americans with Disabilities Act. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VIII, entitled "Landscaping and Screening Standards ", Section 8 -1008, entitled "Landscaping Credits Table" of the Isle of Wight County Code be amended and reenacted as follows: Section 8 -1008 Landscaping Credits Table Environmental Practice Points credit value Applicable Zone Additional Requirements Tree 30 Points per tree over 8" Buffer, Frontage, Credit must be applied in the zone the trees are Preservation caliper. Tree -save areas, tree Parking, Foundation, Screening located in, except that trees which do not fall into a particular zone may be applied to the preservation Single- buffer zone requirement groupings, or family with approval of the undisturbed, delineated wetland and riparian areas residential— Whole Site Zoning Administrator. 31 32 will be evaluated and may be assigned a credit value by the Zoning Administrator on a case by case basis. Parking 10 Points per Parking Parking reduction must Reduction space below the minimum required in the Zoning be approved by the Zoning Administrator before credit is applicable. Ordinance. Reduction request are considered on a case by case basis during site plan review. Permeable 8 Points per Parking, Credits must be applied Material 162 square feet Foundation, Frontage to the zone which the permeable material is located in. No credits may be accumulated for permeable surfaces outside of a landscaping zone, except as otherwise specified in Article VIII. Credits for surfaces which are located within a landscaping zone and extend out of a landscaping zone (such as walkways between a building and a parking lot) may be applied to the Foundation Zone only. Maintenance specifications for the technology used shall be included in any required site plans, environmental 32 33 management plans, and in the BMP Maintenance Agreement for the site. Credit must be applied to the zone which the native species are planted in. 100% Native Plants As identified by Virginia Department of Conservation and Recreation 10% reduction in total Points Parking, Foundation, Frontage, Buffer, Screening. Single - family residential — Whole Site Green Roof Each 1 square foot of green roof equals 1 Point reduction in the zone of choice. Foundation, Buffer, Frontage Xeriscaping 10% reduction in total Points Parking, Foundation, Buffer, Frontage, Screening Credit must be applied to the zone in which the xeriscaping is installed. Not applicable to single - family residential. Green Technology and Intelligent Siting Solar orientation 10% reduction in Points Foundation Whole site total Points — single - family residential only Seasonal shading 10% reduction in Points Foundation Single - family residential — Whole Site Solar /Geothermal power generation, 20% reduction in Points Foundation Single- 33 heating, and/or cooling family residential — Whole Site Innovative Stormwater Management (rain gardens, Low Impact Development, graywater reuse) 10% reduction in Points Foundation, Parking, Buffer, Frontage, Screening. Single- family residential— Whole Site Credit must be applied in the zone in which the facility is located. Standard detention/retention ponds (with or without fountains) and drainage ditches and swales (with or without vegetation) will not qualify for this credit. Maintenance specifications for the technology used shall be included in any required site plans, environmental management plans, and in the BMP Maintenance Agreement for the site. U.S. Green Building Council Leadership in Energy and Environmental Design Certification (LEED Rating) Certified Rating 5% reduction in buffer zone, PLUS 5% reduction in foundation zone, PLUS 5% reduction in parking zone Points Buffer, foundation, parking Silver Rating 10% reduction in buffer zone, PLUS 10% reduction in foundation zone, PLUS Buffer, foundation, parking 34 NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article IX, entitled "Signs ", Section 9 -1004, entitled "Temporary Signs" of the Isle of Wight County Code be amended and reenacted as follows: 9 -1004 Temporary Signs The following temporary signs, excluding those listed in Section 9- 1004.H below, are permitted without a zoning permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this ordinance except those contained in Sections 9 -1006. A. Real estate advertising signs. Aesthetically appealing 1. On- premises signs. a. On premises signs advertising the sale, lease, or rental of property shall be limited to one (1) sign per lot per street frontage or frontage on navigable waterway. b. Signs in residential zoning districts and residential uses in the NC, VC, and PD -MX districts shall not exceed four (4) 35 5% reduction in parking zone Points Gold Rating 15% reduction in buffer zone, PLUS 15% reduction in foundation zone, PLUS 10% reduction in parking zone Points Buffer, foundation, parking Platinum Rating 20% reduction in buffer zone, PLUS 20% reduction in foundation zone, PLUS 10% reduction in parking zone Points Buffer, foundation, parking Earthcraft Certified Construction 15% reduction in total site Points Whole site total Points Single- family residential only NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article IX, entitled "Signs ", Section 9 -1004, entitled "Temporary Signs" of the Isle of Wight County Code be amended and reenacted as follows: 9 -1004 Temporary Signs The following temporary signs, excluding those listed in Section 9- 1004.H below, are permitted without a zoning permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this ordinance except those contained in Sections 9 -1006. A. Real estate advertising signs. Aesthetically appealing 1. On- premises signs. a. On premises signs advertising the sale, lease, or rental of property shall be limited to one (1) sign per lot per street frontage or frontage on navigable waterway. b. Signs in residential zoning districts and residential uses in the NC, VC, and PD -MX districts shall not exceed four (4) 35 square feet in size and a maximum of four (4) feet in height. c. Signs in Rural Agricultural Conservation zoning districts shall not exceed sixteen (16) square feet in size and a maximum of six (6) feet in height. d. Signs in commercial and industrial zoning districts shall not exceed thirty-two (32) square feet in size and a maximum of ten (10) feet in height. e. The height of all signs shall represent a measurement from ground level to the top of the sign structure. Such signs shall be located a minimum of ten (10) feet from any property line. 2. Off - premises signs. a. Off - premises signs advertising the sale, lease, or rental of property shall be allowed in conjunction with a bona fide "open house" showing only and shall not be erected for more than three (3) days in any seven (7) day period. b. Such signs shall be limited to four (4) square feet in size and a maximum of four (4) feet in height. c. Such signs shall be located a minimum of ten (10) feet from any property line. B. Construction site or development project identification signs. 1. Such signs shall not be erected prior to the issuance of a land disturbing permit for the property and shall be removed within ten (10) days after the issuance of the final occupancy permit by the Building Official. 2. One (1) project identification sign shall be permitted per construction site or development project and limited to no more than sixteen (16) square feet in size and a maximum of ten (10) feet in height. 3. In addition, in the case of multiple principals at the construction site or for the development project (e.g., owner, developer, architect, engineer, contractor, or real estate or leasing agent) all identification information shall be contained on one (1) additional sign, limited to no more than sixteen (16) square feet in size and a maximum of ten (10) feet in height. 36 4. Such signs shall be located a minimum of ten (10) feet from any property line. C. Political campaign signs. 1 Such signs shall not be located within public rights -of -way or attached to public utility structures and shall be limited to freestanding signs not more than sixteen (16) square feet in area in residential zones and thirty-two (32) square feet in area in agricultural, commercial and industrial zones. 2. Such signs shall be no more than five (5) feet in height and shall be located a minimum of ten (10) feet from any property lines. 3. No sign shall be permitted to encroach into the sight triangle of any street intersection. 4. Such signs shall be removed within seven (7) days following an election, canvass or primary. D. Special event signs. 1. Signs indicating a special event to be located on property where the special event such as a grand opening, fair, carnival, festival or similar event, excluding business promotions, sales and services signs as outlined in Section 9- 1004.H below, is to take place may be erected no more than thirty (30) days prior to the special event and shall be removed no later than forty -eight (48) hours after the special event has concluded. However, grand opening signs shall be removed no later than thirty (30) days after the first day of the grand opening. 2. No sign shall be greater than thirty -two (32) square feet in size and a maximum of ten (10) feet in height. 3. Such signs shall be located a minimum of ten (10) feet from any property line. 4. Off - premises signs for special events sponsored by non - profit, governmental or civic organizations may be permitted up to thirty-two (32) square feet. 5. Grand opening and special event signs, as defined by Section 9- 1004.D, which contain or consist of pennants, balloons, ribbons, streamers, banners, spinners, strings of lights, or other similar moving or stationary devices, may also be erected in accordance with the provisions of Section 9- 1004.D.1 (above). 37 E. Interior window or door display signs. 1. Signs advertising the sale or promotion of specific products, services or events may be affixed to the interior of the transparent portion of the window or door of civic, office, commercial or industrial use types. 2. Such signs, individually or collectively, shall be limited to no more than fifteen percent (15 %) of the surface area of the transparent portion of the window or door to which they are attached. (7 -7 -05; 2- 15 -06; 4- 18 -06.) F. Sports registration signs. 1. On- premises or off-premises signs for sports team sign -ups sponsored by non - profit or civic organizations may be permitted up to four (4) square feet in size. 2. Such signs shall be located a minimum of ten (10) feet from any property line, shall be located outside of VDOT right of way and shall be located outside of any sight triangles related to public or private roadways, driveways, or other points of ingress or egress. 3. Such signs shall be removed by sponsoring non - profit or civic organization no later than the opening day of the sports season for which the signs are advertising, or the last day for sign -ups, whichever comes first. G. On- premises seasonal agriculture product promotions and sales signs. 1. Signs advertising the promotion or sale of seasonal agricultural products being directly marketed to the general public, excluding those listed in Section 9- 1004.A thru Section 9- 1004.F above, and Section 9- 1004.H below, may be allowed as follows: a. Seasonal agriculture product promotions and sales signs shall be limited to agricultural businesses where: i. All advertised products are grown or raised on the site or by the legal business entity in charge of the farm operation; or ii. The advertised product is a by- product, produced from a substantial amount of the product grown or raised on the site, as determined by the Zoning Administrator. 38 b. Such signs may be displayed on the parcel at which the sale is being held. 2. Signs not specifically listed in, and meeting the criteria of, Section 9- 1004.G, shall be prohibited for the purpose of seasonal agricultural product promotions and sales, except in the case of a wayside stand, which is governed separately under this article. 3. Such signs shall be allowed as follows: a. Banner signs, free - standing signs or flag signs may be permitted up to a maximum of thirty-two (32) square feet in size and six (6) feet in height, except a flag sign may be permitted up to a maximum of ten (10) feet in height. b. One (1) sign shall be permitted per frontage of the parcel at which the sale is being held. 4. Such signs shall be located a minimum of ten (10) feet from any property line, shall be located outside of VDOT right of way and shall be located outside of the any sight triangles related to public or private roadways, driveways, or other points of ingress or egress. H. On- premises business promotions, sales and services signs. 1. Signs advertising the sale or promotion of specific products or services, excluding those listed in Section 9- 1004.A thru Section 9- 1004.G above, may be displayed on the parcel of a legal business within the County. 2. Signs not specifically listed in, and meeting the criteria of, Section 9- 1004.H, shall be prohibited for the purpose of on- premises business promotions, sales and services signs. 3. When there is only one (1) legal business in operation on a parcel, such signs, individually, shall be allowed as follows: a. Banner signs, free- standing signs or flag signs may be permitted up to a maximum of thirty-two (32) square feet in size and six (6) feet in height, except a flag sign may be permitted up to a maximum of ten (10) feet in height. b. One (1) sign shall be permitted per parcel, outparcel or per separate, physically detached business as determined by the Zoning Administrator. 39 c. Such signs shall be located a minimum of ten (10) feet from any property line, shall be located outside of VDOT right of way and shall be located outside of any sight triangles related to public or private roadways, driveways or other points of ingress or egress. 4. When there is more than one (1) legal business in operation on a parcel, such as a shopping center or mixed use building with individual public entrances per business, signs, individually or collectively, shall be allowed as follows: a. Banner signs may be permitted up to a maximum of thirty -two (32) square feet in size provided that they are attached to the facade of the unit for which the promotion, sale or service is located. b. Sandwich board signs may be permitted up to a maximum of ten (10) square feet in size on the sidewalk immediately adjacent to the building facade for which the promotion, sale or service is located. The sign surface area shall be calculated by using the area of only one (1) side of such sign. The height of the sign shall not exceed four (4) feet. c. One (1) sign shall be permitted per business. 5. The property owner, business owner, business manager or other entity acting on behalf of the business applying for the zoning permit, shall provide details of their request on forms provided by the Zoning Administrator. 6. The property owner, business owner, business manager or other entity acting on behalf of the business shall be required to obtain a zoning permit for each application made to the County to erect, install or display signs listed in Section 9- 1004.H. 7. Such signs shall be displayed no more than a total of fourteen (14) calendar days per business in a calendar quarter. 8. Any violation of this section shall be punishable by a civil fine of $150.00 for the first offense and $350.00 for every separate offense thereafter. Each day that a violation continues following the first offense shall be deemed as a separate offense. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Ms. Walkup announced that Mr. Smolnik has been promoted to the title of Assistant Director of Planning and Zoning. 1/ Supervisor Clark moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Wright called for the Community Development report. In the absence of Army Ring, Ms. Walkup presented a proposed update to the County's 2003 Cash Proffer study for the Board's consideration. Supervisor Clark moved that staff be authorized to initiate negotiations for a consulting services contract with TischlerBise for the County's Cash Proffer Study update. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Chairman Wright called for the General Services report. Mr. Wrightson advised that the current generator for the Rushmere Volunteer Fire Department is a 2001 model and in need of replacement. He requested that the County Administrator be authorized to execute the equipment lease and service schedule "A ". Supervisor Bunch excused himself from discussing and voting on the matter noting a potential conflict. Supervisor Hall moved that the County Administrator be authorized to execute the Generator Lease and Service Agreement/Schedule "A" with the Rushmere Volunteer Fire Department. The motion was adopted by a vote of (4 -0) with Supervisors Casteen, Clark, Hall and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bunch abstaining from discussing and voting on the matter. Mr. Wrightson presented a proposed contract Amendment No. 2 for the Isle of Wight Animal Shelter to add a concrete driveway for the Board's consideration. 41. Chairman Wright moved that the Chairman be authorized to execute contract Amendment No. 2 for the Isle of Wight Animal Shelter. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright requested that Mr. Wrightson investigate the feasibility of using a tankless hot water heater. Noting that he needed more information on the matter of the next item on the agenda concerning the purchase of the C &P water systems, Supervisor Clark moved to postpone the matter of the C &P water systems purchase and connection fees until Mr. Wrightson returns with the requested information. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson presented a request to hire two (2) standby attendants and fill one (1) vacant permanent part-time attendant Convenience Center position. Supervisor Clark moved that General Services be authorized to hire two (2) standby attendants and fill one (1) vacant permanent part-time attendant position. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson advised that W. B. Owen has advised staff that he is desirous of selling his water systems to the County at some point in the future. He further advised that Mr. Owens wants the County to execute a Memorandum of Understanding with him advising that the County would provide some of the same help that C &P has previously and negotiate to purchase his water systems. Supervisor Clark moved that the Chairman be authorized to execute the W. B. Owen water systems Memorandum of Understanding. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Wright called for the County Administrator's report. County Administrator Caskey stated regarding the earlier comments on the County's recent refinancing, he feels it is important to note that the County received very favorable rates on its sale of the bonds and notes. He advised that a $1.$ million dollars savings was realized in debt service to the 42 County and the County was able to take advantage of the zero interest bonds for the construction of the Windsor Middle School. County Administrator Caskey advised that the County has received a 2011 NACo Achievement Award and recognized as having the best rural program in the nation relative to the County's "Isle Prepay" program initiated by the Treasurer's office. Michael W. Terry, Director of Budget and Finance, recommended the Board adopt a Resolution to Appropriate Funds from the Designated Fund Balance for the Completion of Various Carryover Operating and Capital Projects. Chairman Wright moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE FOR THE COMPLETION OF VARIOUS CARRYOVER OPERATING AND CAPITAL PROJECTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia in its 2009 -10 appropriation resolution, appropriated funds for certain capital improvements and projects which have not been completed and; WHEREAS, funds for these capital improvements and other projects have been set aside by the Board of Supervisors to ensure completion of these projects and; WHEREAS, the Board of Supervisors deems it necessary to set aside and restrict these funds appropriated in Fiscal Year 2009 -10 to make certain that appropriated funds are available and to segregate said funds from the General Fund; NOW THEREFORE BE IT RESOLVED that the following sums of money appropriated for Fiscal Year 2009 -10 and remaining unspent, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the County of Isle of Wight, Virginia are hereby appropriated, set aside and restricted for the completion of certain capital improvement and other projects: General Fund Museum County Fair Capital Projects (including Public Utilities) Forfeited Assets $ 5,381.18 $ 7,950.01 $ 47,996.13 $ 9,650,884.10 $ 21,461.71 Total $ 9,733,673.13 43 The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the request by the General Registrar's office to fill a part-time position in that office be placed back in the agenda for the Board's consideration. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the request of the General Registrar to fill a part-time position be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Accept and Appropriate Funds from the State and Federal Governments for Carryover Grant Programs for the Board's consideration. Chairman Wright moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE STATE AND FEDERAL GOVERNMENTS FOR CARRYOVER GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding for various grant programs; and, WHEREAS, the following funds in the amount of one million two hundred forty-three thousand six hundred eighty six dollars and twenty -two cents ($1,243,686.22) need to be accepted and appropriated to the Fiscal Year 2010 -11 General Operating and Capital Budget of the County of Isle of Wight, Virginia: NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the amount of one million two hundred forty-three thousand six hundred eighty six dollars and twenty -two cents ($1,243,686.22) to be received from various grant programs be accepted and appropriated to the appropriate line items in the Fiscal Year 2010 -11 General Operating and Capital Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. 44 The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Terry presented a Resolution to Accept and Appropriate Funds for the Comprehensive Services Act for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR COMPREHENSIVE SERVICES WHEREAS, Isle of Wight County is a participant in a regional program to provides benefits in accordance with the State Comprehensive Services Act, a program whose scope and benefits are mandated by the Commonwealth and, WHEREAS, CSA program guidelines require the County to make up any deficit between the actual cost of services and its budgeted contribution for services at year end and; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that an amount up to eighty -eight thousand nine hundred eight ($88,908) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2010 -11 Comprehensive Services Act Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Terry presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund to Liquidate the County Fair Negative Fund Balance for the Board's consideration. Chairman Wright moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO LIQUIDATE THE COUNTY FAIR NEGATIVE FUND BALANCE 45 WHEREAS, the Board of Supervisors of the County of Isle of Wight, approves funding from the Unappropriated Fund Balance of the General Fund to liquidate the County Fair negative Fund Balance; and, WHEREAS, funds in the amount of one hundred nineteen thousand, five hundred fifty dollars ($119,550) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2010 -11 County Fair 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 one hundred nineteen thousand, five hundred fifty dollars ($119,550) from the Unappropriated Fund Balance of the General Fund be appropriated to liquidate the negative FY 2010 -11 County Fair Fund Balance. 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 (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Terry presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for the Franklin Revenue Sharing Agreement for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR FRANKLIN REVENUE SHARING AGREEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved additional funding for the Franklin Revenue Sharing Agreement; and, WHEREAS, funds in the amount of one hundred eighty -nine thousand, one hundred thirty-six dollars ($189,136) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2010 -11 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 one hundred eighty -nine thousand, one hundred thirty -six dollars ($189,136) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2010 -11 General Operating Budget. 46 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 (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Terry presented a Resolution to Authorize the Solicitation of Proposals for an Experienced Auditing Firm for Isle of Wight County's Annual Audit of Financial Statements for the Board's consideration. Chairman Wright moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR AN EXPERIENCED AUDITING FIRM FOR ISLE OF WIGHT COUNTY ANNUAL AUDIT OF FINANCIAL STATEMENTS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has determined that it is appropriate to solicit proposals for financial auditing services as determined; and, WHEREAS, County staff will discuss and negotiate the Scope of Services, as well as determine the experience and overall competencies of potential auditors. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2 — 4303.0 (1950, as amended), authorizes County staff to conduct competitive negotiations through a Request for Proposals for the services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request from the Carrollton Civic League for the County to adopt a resolution in opposition to the proposed coal -fired power plant in Surly County for the Board's consideration. Supervisor Clark moved that the request of the Carrollton Civic League for the Board to adopt a resolution in opposition to the proposed coal -fired 47 power plant in Surry County be postponed until a later date when Mr. Burnley can return with a resolution. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall recommended that a community meeting be held and moved that the County sponsor and direct staff to advertise such a community meeting/forum at The Smithfield Center in conjunction with the Carrollton/Isle of Wight Citizens Association to discuss the pros and cons of the proposed coal power plant. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, briefed the Board on the implementation of the Granicus program designed to allow Board meetings to be viewed on the County's website on demand. He advised that agenda items will be time stamped and click of the mouse will allow citizens to go straight to an item of interest without having to view the entire meeting. Chairman Wright called for Appointments. Supervisor Bunch moved that Don Rosie be reappointed to serve on the Planning Commission to represent the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright moved that James O'Briant, III be reappointed to serve on the Planning Commission to represent the Windsor District. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Old Business. Supervisor Hall reported on a recent visit of the Health Department property. She recommended the County approach the Town of Smithfield and Paul D. Camp Community College regarding their interest in purchasing the property. Supervisor Hall moved that County Administrator Caskey be directed to contact the Town of Smithfield and Paul D. Camp Community College to determine if there is any interest in purchasing the property. The motion was 48 adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for New Business. Regarding the sign ordinance adopted by the Board earlier tonight under the Public Hearing section of the agenda, Supervisor Clark moved that staff be directed to not invoke penalties on signage for a 90 -day period. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson presented a request from a Newport resident to utilize County -owned property in Windsor. He advised that in addition to the Board's permission to utilize the lot, the former property owner will need to be contacted to ensure that the County is not in violation of the terms of the purchase agreement. Supervisor Clark moved that the request be approved and that staff contact the former property owner to ensure that the County is not violating the terms of the purchase agreement. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Code of Virginia regarding a personnel matter pertaining to a specific public employee; under Section 2.2- 3711.A.7 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to a boundary line; under Section 2.2- 3711.A.3 regarding consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Smithfield District; and, under Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to animal control. Supervisor Clark moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 49 Chairman Wright moved that the following resolution be adopted: 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: Bunch, Casteen, Clark, Hall and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 There was no action taken following the closed meeting. /1 At 8:00 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Clark, Casteen, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. ills Storm, Clerk 50 homas III, Chairman