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05-21-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF MAY IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Rudolph Jefferson ABSENT: Alan E. Casteen Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk Chairman Alphin called the meeting to order at 5:00 p.m. County Attorney Popovich requested a closed meeting for the following items: Consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to Post 2018 Southeastern Public Service Authority matters pursuant to subsection 7; discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in expanding its facilities in the community pursuant to subsection 5; consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to the Nike Park Trail project pursuant to subsection 7; discussion regarding the appointment of specific appointees to County boards, committee or authorities pursuant to subsection 1; discussion regarding the performance of specific public appointees pursuant to subsection l; consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to probable litigation regarding the Isle of Wight Volunteer Rescue Squad construction project pursuant to subsection 7; and, consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to actual litigation regarding the proposed water line to the Gatling Pointe subdivision pursuant to subsection 7. Supervisor Jefferson moved that the Board enter the closed meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting Supervisor Bailey moved that the Board return to open session. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Supervisor Bailey 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: Bailey, Darden, Jefferson and Alphin 1 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 (Casteen) At 6:00 p.m., Supervisor Bailey delivered the invocation and led the Pledge of Allegiance. Under the Approval of the Agenda, Supervisor Darden moved that the agenda be approved as presented. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Supervisor Jefferson moved that the following Consent Agenda be adopted: K A. Resolution - Accept and Appropriate Technology Trust Funds to Automate Land Records and Provide Secure Remote Access to Land Records B. Resolution - Accept and Appropriate Bryne JAG Grant Funds from the Virginia Department of Criminal Justice Services C. Resolution — Accept and Appropriate Stormwater Research Grant Funds D. Resolution — Accept and Appropriate Donated Funds to the County Fair Fund for the Spring Truck and Tractor Pull Event E. Resolution — Recognition of Appreciation for Planning Commissioner Kurt Frischman for his Service F. Resolution — Dissolution of Events Committee G. March 19, 2015 Regular Meeting Minutes H. April 1, 2015 Special Meeting Minutes I. April 6, 2015 Continued Meeting Minutes The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Under Regional Reports, Supervisor Darden advised that the Hampton Roads Transportation Organization had held a retreat and discussed long-range transportation plans and the TPO received a presentation by the Secretary of Transportation with respect to how road projects will be evaluated in the future, how funds will be broken down; and, the Route 460 realignment project and associated criteria. She commented that John Martin, Southeastern Institute of Research, was also present at the PTO meeting and she requested County Administrator Seward to invite Mr. Martin to the joint meeting of the Planning Commission and the Board on June 3, 2015 to provide his insight on transportation. Chairman Alphin reported on the criteria identified at the Hampton Roads Transportation Accountability Commission meeting for scoring Virginia's transportation projects. He further reported that the Commission did not have a quorum for its meeting today causing a month's interest to be lost. Under Appointments, Supervisor Jefferson moved that Michelle Jones be reappointed to serve on the Board of Building Appeals representing the Hardy District. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no I Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Supervisor Jefferson moved that David Moose be reappointed to serve on the Wetlands Board representing the Hardy District. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting Under Special Presentations, Shannon Kokot from M.A.M.A.S. Creative Sweets was recognized as Entrepreneur of the Year. Joe Lomax, VDOT Resident Engineer, briefed the Board regarding the status of county -wide transportation projects. Bruce Schwenneker, Whitman, Requardt & Associates, LLP presented the draft Total Maximum Daily Load (TMDL) Action Plan. Arthur E. Berkley, Director of Inspections, presented a Resolution to Recognize May 2015 as Building Safety Month for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE MAY 2015 AS BUILDING SAFETY MONTH WHEREAS, Isle of Wight County's continuing efforts to address the critical issues of safety, energy efficiency, water conservation, and resilience in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound; and, WHEREAS, our confidence is achieved through the devotion of vigilant guardians—building safety and fire prevention officials, architects, engineers, builders, tradespeople, laborers and others in the construction industry—who work year-round to ensure the safe construction of buildings; and, WHEREAS, these guardians—dedicated members of the Virginia Building and Code Officials Association and the International Code Council—use a governmental consensus process that brings together local, state and federal officials with expertise in the built environment to create and implement the highest -quality codes to protect our citizens in the buildings where we live, learn, work, worship, play; and, WHEREAS, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. 4 cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes; and, WHEREAS, Building Safety Month is sponsored by the International Code Council, to remind the public about the critical role of our communities' largely unknown guardians of public safety—our local code officials—who assure us of safe, efficient and livable buildings; and, WHEREAS, "Resilient Communities Start with Building Codes" the theme for Building Safety Month 2015, encourages all Americans to raise awareness of the importance of building safe and resilient construction; fire prevention; disaster mitigation, water safety and conservation; energy efficiency and new technologies in the construction industry; and, WHEREAS, Building Safety Month 2015 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies; and, WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of County of Isle of Wight, Virginia recognize the month of May 2015 as Building Safety Month and encourage all citizens to join in the participation of Building Safety Month activities. The motion was adopted by a vote of (3-0) with Supervisors Alphin, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting and Supervisor Bailey absent for the vote. Under Citizens Comments, Sam Cratch of Carrollton spoke on the revised Facilities Use Agreement between the County and its various volunteer fire and rescue organizations. Keith Johnson spoke on the revised Facilities Use Agreement. Albert Burckard of Carrollton recommended approval of the revised Facilities Use Agreement and elimination of the proposed ISLE 2040 Plan. Herb DeGroft discussed costs associated with implementing the ISLE2040 Plan and he encouraged the Board to renegotiate a payment schedule on the N Norfolk Water Agreement. He further spoke on the topic of salary administration control as it pertains to the new Director of Economic Development position. Rosa Turner updated the Board regarding efforts taken to date with the Tyler's beach project. Dale Scott spoke on the issue of the revised Facilities Use Agreement. Fred Mitchell spoke on the issue of the revised Facilities Use Agreement. Paul Robbins spoke on the issue of the revised Facilities Use Agreement. William McCarty spoke on the revised Facilities Use Agreement and the ISLE2040 Plan. Shelley Perry spoke on the ISLE2040 Plan and the revised Facility Use Agreement. Chairman Alphin called for a public hearing on the following: A. Resolution of the Board of Supervisors of Isle of Wight County to Approve Priorities for the Virginia Department of Transportation's Secondary Six -Year Improvement Program for FY2016 through FY2021 Jamie Oliver, Transportation Planner, reviewed the priorities contained in the proposed Program with the Board. Chairman Alphin called for persons to speak in favor or in opposition to the Resolution. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Resolution be adopted: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR FY 2016 THROUGH FY 2021 WHEREAS, Sections 33.1-23 and 33.1-23.4 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six -Year Improvement Program (SSYIP); and, 6 WHEREAS, this Board has held a public hearing on the proposed Plan (FY 2016 -FY 2021), in accordance with VDOT policies and procedures, on May 21, 2015 and all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program and Priority List; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2016 -FY 2021) and the Construction Priority List. NOW, THEREFORE, BE IT RESOLVED that the Secondary Six -Year Improvement Program and Construction Priority List for FY 2016-2021 are hereby approved, as presented at the public hearing. BE IT FURTHER RESOLVED that Isle of Wight County requests that Rattlesnake Trail (Route 646, UPC 104809) be designated as a Revenue Sharing project with the opportunity to receive surplus Revenue Sharing funds which may become available from completed Revenue Sharing projects for the purpose of advancing construction. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts as necessary to proceed with the Program as approved. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. B. Resolution Authorizing the Initiation of Condemnation Action or Actions Related to the Nike Park Trail Project County Attorney Popovich advised the Board on actions required in order to move forward with accepting the grant awards Chairman Alphin called for persons to speak in favor or in opposition to the Resolution. Dr. Garrett Edwards of Nike Park Road advised that this family has not received any correspondence from the County on this matter, although they did receive an offer for the sale of the property from a firm in Richmond. He stated that imminent domain for the use of a sidewalk is a silly notion. He stated that the area under discussion involves a 100 -year farm which he believes should be preserved. Chairman Alphin closed the public hearing and called for comments from the Board. VA Responsive to a question raised by Supervisor Bailey, Ms. Oliver identified the technical reasons why the bike trail could not be located on the other side of the street. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION AUTHORIZING THE INITIATION OF CONDEMNATION ACTION OR ACTIONS RELATED TO THE NIKE PARK TRAIL PROJECT WHEREAS, Section 15.2-1903(B) of the Code of Virginia (1950, as amended) requires that prior to the initiation of condemnation proceedings the governing body of a locality must hold a public hearing and adopt a resolution approving the proposed condemnation; and WHEREAS, such a resolution must state the use for which the property being condemned shall be put and the necessity therefor. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the County Attorney's Office is hereby authorized to initiate any and all condemnation action(s), pursuant to Section 25.1-200 et sec of the Code of Virginia (1950, as amended), to acquire the necessary interest(s) in those properties located along the Nike Park Trail project corridor which are commonly referred to as Tax Map Parcels 21A-01-511, 22-01-010, 22R -01-000A, 22R -01-000B, 22R -01 -GOOK, 22-01-024C, 22-01- 023E, 22-01-023A, 23-01-016, 22-01-022B, 22-01-022A, 22-01-024, 22-01- 023B, 23-01-012, 23-01-012A and 23-01-011, along with such other parcels as may be deemed necessary to effectuate completion of the Nike Park Trail project; and BE IT FURTHER RESOLVED by the Isle of Wight County Board of Supervisors that such condemnation action is necessary, as a last resort option, should an amicable resolution not be reached with the effected property owner(s), to allow the County to proceed with the development of this trail project to improve the standard of living for all citizens of Isle of Wight County and to provide a safe and useable bicycle and/or pedestrian trail that may be used by the general public. The motion was adopted by a vote of (3-1) with Supervisors Alphin, Darden and Jefferson voting in favor of the motion; Supervisor Casteen absent at the meeting; and, Supervisor Bailey voting against the motion. Chairman Alphin called for a public hearing on the following: C. Ordinance to Amend and Reenact the IOW County Code by Amending and Reenacting Appendix A, Subdivision, Section 5.16 Traditional Neighborhood Design Beverly H. Walkup, Director of Community Development, provided an overview of the ordinance amendment. Chairman Alphin called for persons to speak in favor or in opposition to the Resolution. Chairman Alphin closed the public hearing and called for comments from the Board. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix A, Subdivision, Section 5.16 Traditional Neighborhood Design 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 Counto Moard of Supervisors that Appendix A, Subdivision, Section 5.16 Traditiona? Neighborhood Design of the Isle of Wight County Code be amended a] reenacted as follows: Section 5.16. - Traditional neighborhood design (TND). The objective of the traditional neighborhood design type is a compact, pedestrian -scaled development incorporating a diverse, mixed range of uses to promote community interaction, convenience, housing options for all income levels, and civic participation. The following regulations are offered Z:) Zn to guide this type of development in accordance with design principles gi compatible with the historic nature of the County, and in harmony with the applicable county ordinances and the comprehensive plan. A. Applicability . ..... These provisions apply to new developments of fifty (50) acres or more, zoned PD -R, PD -MH, and PD -MX. In the case of expanding g existing subdivisions of ten (10) lots or more, these C, guidelines can be applied to any development residentially zoned and proposing at least five (5) additional lots. The following standards do not I exempt the applicant from compliance with the other sections of' this ordinance which protect the general health, safety, and welfare of residents. B Development standards. I. 0 a H R a I'm C. I-Locatlond ..... All residents Should be within approximately one- fourth (1/4) mile radius or a five-minUte walk from existin1g, or proposed comn-iercU, civic, and open space areas. Open ,space:..... At least forty (40) percent of the Gross acreage of the traditional neighborhood development must be open space. Open space may include undevelopable areas such as steep slopes and wetlands, and storinwater detention and retention basins. At least: fifty (50) percent of the open space MUst be common open space dedicated to the public for recreation. Additionally, ninety (90) percent of the dwelling units shall be within a one-fourth (1/4) nifle radius or a five-minute walk frorn common open space. Stori-riwater management: The design of the traditional neighborhood development should minimize off-site storrnwater runoff, promote on-site filtration, and minimize the discharge of pollutants to around and Surface water. Natural topography and existing land cover should be maintained/protected to the maxIMUM extent practical. New development shall meet the standards of'section 5.8, stormwater management. L,ot and block standards: Street layouts Should provide for blocks that are a r1lininlUrn of two hundred fifty (250) feet in length and a maximurn of five hundred (500) feet in length; however, longer length shall be allowed with rnid-block pedestrian pass-throughs every five hundred (500) feet. Blocks should be wide enough to allow two (2) tiers of lots at rninirrimn depth as required by the underlying o zoning. The I - subdivision agent may approve a single tier of lots of rninirnUrn depth where environi-nental conditions restrict the lot layout. A variety of lot sizes should be provided to facilitate housin(l, � I diversity and choice and meet the prQjected requirements of people with different housinG needs. 10 Circulation standards. ..... The circulation systern shall allow for different modes of transportation. The circulation system shall provide functional and Visual links within the residential areas, mixed use area, and open space of the con-in-iunity and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off-street bicycle or multi. -use paths or bicycle lanes on the streets), control through traffic and promote safe and efficient ZI mobility through the neighborhood. All 'I"ND transportation elements should be presented to the locality and VDOT for discussion and approval OfUniqUC features. 1. a Pedestrian circulation. ..... Convenient pedestrian circulation systems that n'rinu-nize pedestrian -motor vehicle conflicts shall be provided continuously throughout the TND. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides. 'The following provisions also apply: 1. N I H Sidewalks in residential areas. Clear and well -lighted sidewalks, five (5) feet in width, shall connect all dwelling Z77 entrances to the adjacent public sidewalk. Sidewalks in mixed use areas. Clear and well -lighted wa.lkways shall connect building entrances to the adjacent jacent public sidewalk and to associated parking areas. Such zi_ walkways shall be a minimum of five (5) feet in width. Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act and VDOT standards. Crosswalks...... Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well fit and clearly marked with contrasting paving materials at the edges or with striping. In addition, Curb extensions shall be incorporated where pedestrian facilities intersect higher -volume streets within the development to protect parking areas and reduce pedestrian crossing times.t� L, Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle multirnoda.1 paths and separate, striped, five-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be thirteen (13) feet and the bicycle travel 11 m a lane shall be located between the vehicular travel lane and parking lane. Public transit access. Where public transit service is available or planned, convenient: access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible Z:� locations that promote security through surveillance, and shall be well -lighted. Motor vehicle circulation. Motor vehicle Circulation shall be designed to rnininiize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds. zn Arterial streets should riot bisect a TND if pedestrian cross -access is not feasible. a. Street hierarchy. Each street within a TND shall be classified according, to section 5.9.5 of this ordinance. Street layout . ..... . rhe traditional neighborhood development should maintain the C� existinC, a street grid, where present, and restore any disrupted street grid where feasible. In addition: L_ Intersections shall be at right angles whenever possible, but in no case less than seventy (70) degrees, Low VOlUM(,' streets may form three-way intersections creating an inherent right - of' -way assignment (the through street receives precedence) C Cl which significantly reduces accidents without the use of' traffic controls. Corner radii. The roadway edge at street intersections shall be rounded by a tangential arc with a radius of fifteen (15) feet for local streets where the receiving street is projected to have less than fOUr hundred (400) vehicle trips per day, and twenty-five (25) feet for intersections involving collector or arterial streets. Any reduction or increase in the proposed corner radii shall be subject to the approval of VDOT. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a rnaximurn radius of ten Z-1 (10) feet. Curb CLuS for driveways to individual residential lots shall be prohibited along collector and subcollector streets with residential access recommended fi-orn alleys only. Additionally, curb Cuts shall be hynited to intersections with other streets or access drives to parkin1c., areas for commercial, civic or multifamily residential uses. Clear sight triangles m a 9 M (twenty. -five (25) feet x twenty-five (25) feet) or as approved by VDOT shall be maintained at intersections unless controlled by traffic signal devices. The orientation of streets Should enhance the visual impact of corrinion open spaces and proniinent buildings create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at pLiblic land, except local streets may terminate in stub streets when Such streets act as connections to fu t u re phases of the development. Local streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus. Parking g reqUirernents. Parking areas for shared or community Z__1 use Should be encouraged. The number of parking spaces shall be in Z__ t.11 accordance with the zoning ordinance requirements. In addition: a. a M U 9 In the mixed use area, any parking lot shall be located at the rear or side of a building. A parking lot may not be ad* - opposite a street I adjacent to oi intersection. A shared parking a0Creernent must be established and approved by the zoning administrator prior to site plan approval. Parking g lots or garages must provide not less than one (1) t7 bicycle parking space for every ten (10) motor vehicle parkingz:- spaces. ]having. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as t7l zn c remote parking lots and parking areas for periodic uses. Guidelines for lighting a. Street lighting fliting shall be provided alon(Y all streets. Generally z:1 more, low -intensity fights, as opposed to fewer, lugh- intensity lights, should be used. Street liahts shall be installed t� t� at all street intersections (including alleys), at the end of all C, Cul-de-sac streets, and on both sides of a street, alternating Z__ from one side of the street to the other at intervals of three 13 0 in N a. hundred (300) to four hundred (400) feet. Lights shall not exceed ten thousand (10,000) lumens and shall be directed downward and opaquely covered at the top. Regardless of ZD type of fixture and bulb and illumination characteristics, street lighting design shall follow dark sky guidelines and principles. Exterior residential lighting shall be shielded and directed lighting downward in order to reduce glare onto adjacent properties. All commercial lighting shall be in compliance with article I I of the zoning ordinance. Landscaping and screening standards. ..... Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed 4-- t:1 Z:� contiguous planting areas shall be preferred to smaller, disconnected areas. Plant materials, specifications, installation and maintenance shall be in accordance with the zoning ordinance landscaping requirements. Street trees. A minimum of one (1) deciduous canopy tree per forty (40) feet of street frontage per street side, shall be required. Trees can be clustered and do not need to be evenly spaced. Trees should be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. D. Ordinance to Amend and Reenact the 1OWC Code by Amending a Reenacting Chapter 5. Elections. Article 11. Election Distriel Sections 5-7 and 5-8. Article 111, Precincts, Section 5-12 County Attorney Popovich provided a PowerPoint presentation on t Electoral Board's request to take action to change the boundary lines betwe the Hardy and Carrsville Magisterial Districts to alleviate a split district in t 14" and 18"' senatorial districts and affects the Pons Precinct and changes t district boundary lines in Windsor and Newport. Chairman Alphin called for persons to speak in favor of or in opposition to the ordinance amendments. 14 No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 5. ELECTIONS. ARTICLE 11. ELECTION DISTRICTS. SECTIONS 5-7 AND 5-8. ARTICLE 111. PRECINCTS. SECTION 5-12 WHEREAS, the Isle of Wight County Electoral Board has request certain revisions to the boundaries of Hardy and Carrsville Election Districts, with corresponding changes to the boundaries of the Pons and Zuni precincts therein, to alleviate a split precinct in the 14" and 18" Senatorial Districts; and WHEREAS, the Isle of Wight County Electoral Board has also requested certain revisions to the boundaries of the Windsor and Newport Election Districts, with corresponding changes to the boundaries of the Longview and Carrollton precincts therein, in order to prevent errors by making district lines more easily recognizable; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it to be in the best interest of Isle of Wight County to make the requested changes as recommended by the Electoral Board; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 5. Elections. Article 11. Election Districts, Section 5-7, Enumerated and Section 5-8, Boundaries, of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5-7. - Enumerated. The election districts with populations set forth are as follows: Smithfield Election District Newport Election District Hardy Election District Windsor Election District Carrsville Election District Sec. 5-8. - Boundaries. 15 The boundaries of the respective election districts are as set forth below: (a) Carrsville election district...... Beginning at the intersection of U.S. Route 58 Business and the Blackwater River, the boundary line between Southampton County and Isle of Wight County; thence in a Southeasterly direction down the Blackwater River, along the boundary line between Southampton County and Isle of Wight County to the intersection of the boundary line with the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of State Route 609 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and the Antioch Swamp; thence in a Easterly direction for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Westerly direction along State Route 625 to the intersection of State one Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Southwesterly direction along the boundary line between Isle of Wight County and Surry County to the intersection of the boundary line between Isle of Wight County, Surry County and Southampton County; thence South along the boundary line of Isle of Wight County and Southampton County (Blackwater River) to the intersection of the boundary line of Isle of Wight County and Southampton County and U.S. Route 58 Business, the point of beginning. (b) Windsor election district . ..... Beginning at the intersection of State Route 609 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 17 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 692; thence in a Easterly direction along State Route 692 to the intersection of State Route 692 and State Route 652; thence in a Northerly direction along State Route 652 to the intersection of State Route 652 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Champion Swamp; thence in a Southeasterly direction along Champion Swamp to the intersection of Champion Swamp and State Route 692; thence in a Northeasterly direction along State Route 692 to the intersection of State Route 692 and State Route 654; thence in a Southeasterly direction along State Route 654 to the intersection of State Route 654 and State Route 600; thence in a Easterly direction along State Route 600 for approximately 1.0 miles to the intersection of State Route 600 and a private farm lane; thence in a Northerly direction along said private farm lane for approximately 0.63 miles to the intersection of said private farm lane and electrical transmission lines; thence in a Northwesterly direction along electrical transmission lines for approximately 3.3 miles to an intersection of said electrical transmission lines and a private lane; then in a Northeasterly direction along said private lane to the intersection of said private lane and State Route 620 between 16030 Scott's Factory Road and 16034 Scott's Factory Road; thence in a Southeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 655; thence in a Northerly direction along State Route 655 to the intersection of State Route 655 and the Town of Smithfield corporate limit; thence in a Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and U.S. Route 258; thence in a Northwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to its intersection with State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission V lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and said private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of the boundary line between Isle of Wight County and the City of Suffolk and State Route 609, the point of beginning. (c) Newport election district...... Beginning at the intersection of State Route 669 and the corporate limit of the Town of Smithfield; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the .intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the .intersection of the boundary line of Isle of Wight County and the City of Newport News; thence in a Northwesterly direction along the boundary line of Isle of Wight County and the City of Newport News for approximately 7.6 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Southerly direction to intersect with State Route 1001; thence in a Easterly direction along State Route 1001 to the intersection of State Route 1001 and State Route 704; thence in a Southerly direction along State Route 704 to the intersection of State Route 704 and State Route 669, the point of beginning. (d) Smithfield election district...... Beginning at the intersection of the Southern boundary line of the corporate limit of the Town of 19 Smithfield and State Route 10; thence in a Northwesterly direction along State Route 10 to the intersection of State Route 10 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to the Northern boundary of the corporate of limit of the Town of Smithfield and State Route 704; thence in a Northerly direction along State Route 704 to the intersection of State Route 704 and State Route 1001; thence in a Northerly direction along State Route 1001 to the center point of the Pagan River; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31 VA); thence in a Northerly direction along said private paved airfield runway (FAA 31 VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a 20 Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in Southwesterly direction along Little Creek to the intersection of Little Creek and the corporate limit of the Town of Smithfield; thence in a Southeasterly and Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and State Route 10, the point of beginning. (e) Hardy election district. ..... Beginning at the intersection of State Route 644 and U.S. Route 258; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Northerly direction along State Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 21 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Northerly direction along the boundary line of Isle of Wight County and Surry County to the intersection of the boundary line of Isle of Wight County, Surry County, James City County and the City of Newport News; thence in a Southerly direction along the boundary line between Isle of Wight County and the City of Newport News for approximately 11.4 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31 VA); thence in a Northerly direction along said private paved airfield runway (FAA 31 VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 1.03 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the 22 intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in Southwesterly direction along Little Creek to the intersection of Little Creek and the corporate limit of the Town of Smithfield; thence in a Southerly direction along the corporate limit of the Town of Smithfield (Great Springs Road) to the intersection of the corporate limit of the Town of Smithfield and State Route 655; thence in a Southerly direction along State Route 655 to the intersection of State Route 655 and State Route 620; in a Northwesterly direction along State Route 620 to the intersection of State Route 620 and State Route 1210; thence in a Southerly direction along a private lane between 1.6030 Scotts Factory Road and 16034 Scotts Factory Road to the intersection of said private lane and electrical transmission lines; thence in a Southeasterly direction along electrical transmission lines for approximately 3.3 miles to the intersection of said electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 654; thence in a Northwesterly direction along State Route 654 to the intersection of State Route 654 and State Route 692; thence in a Southwesterly direction along State Route 692 to the intersection of State Route 692 and the run of Champion Swamp; thence in a Northwesterly direction along the run of Champion Swamp to the intersection of the run and U.S. Route 258; thence in a Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 652; thence in a Southeasterly direction along State Route 652 to the intersection of State Route 652 and State Route 692; thence in a Westerly direction along State Route 692 to the intersection of State Route 692 and U.S. Route 258; thence in a Southwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644, the point of beginning. (6-24-71, § 3; 5-20-81, § 3; 4-25-91, § 3; 5-3-01, § 3; Ord. No. 2011-7-C, 4-21-11.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 5. Elections. Article III. Precincts, Section 5-12, Boundaries, of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5-12. - Boundaries. The boundaries of the respective precincts are as set forth below: 23 (a) Carrsville election district. (1) Camps Mill precinct. ..... Beginning at the intersection of U.S. Route 58 Business and the Blackwater River, the boundary line between the County of Southampton and the County of Isle of Wight; thence in a Southeasterly direction along the Blackwater River, the boundary line between the County of Isle of Wight and the County of Southampton, to the intersection of the boundary line with the boundary line of the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary line of the County of Isle of Wight and the City of Suffolk with State Route 615; thence in a Northerly direction along State Route 615 to the intersection of State Route 615 and U.S. Route 58 Business; thence in a Southwesterly direction along U.S. Route 58 Business to the intersection of U.S. Route 58 Business and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 611; thence in a Westerly direction along State Route 611 to the intersection of State Route 611 and the Blackwater River, the boundary line between the County of Isle of Wight and the County of Southampton; thence in a Southerly direction along the Blackwater River to the intersection of the Blackwater River and U.S. Route 58 Business, the point of beginning. (2) Carrsville precinct...... Beginning at the intersection of U.S. Route 258 and U.S. Route 58 Business; thence in a Northeasterly direction along U.S. Route 58 Business to the intersection of U.S. Route 58 Business and State Route 615; thence in a Southerly direction along State Route 615 to the intersection of State Route 615 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary line of the County of Isle of Wight and the City of Suffolk and State Route 610; thence in a Northerly direction along State Route 610 to the intersection of State Route 610 and State Route 687; thence in a Southwesterly direction along State Route 687 to the intersection of State Route 687 and State Route 611; thence in a Westerly direction along State Route 611 to the intersection of State Route 611 and U.S. Route 258; thence in a Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and U.S. Route 58 Business, the point of beginning. (3) Walters precinct...... Beginning at the intersection of State Route 611 and the Blackwater River, at the boundary line between the County of Southampton and the County of Isle of Wight; thence in an Easterly direction along State Route 611 to the intersection of State Route 611 and State Route 687; thence in a Northeasterly 24 direction along State Route 687 to the intersection of State Route 687 and State Route 610; thence in a Southeasterly direction along State Route 610 to the intersection of State Route 610 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary line and State Route 609; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Westerly direction along State Route 603 to the intersection of State Route 603 and the Blackwater River, the boundary line between the County of Isle of Wight and the county of Southampton; thence in a Southwesterly direction along the Blackwater River to the intersection of the Blackwater River and State Route 611, the point of beginning. (4) Zuni precinct...... Beginning at the intersection of State Route 603 and the Blackwater River, the boundary line between the County of Southampton and the County of Isle of Wight; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 to the intersection of State Route 649 and State Route 620; thence in a Westerly direction to the intersection of State Route 25 620 and the Blackwater River, thence in a southerly direction along the Blackwater River to the intersection of the Blackwater River with State Route 603, the point of beginning. (5) Raynor precinct...... Beginning at the intersection of State Route 620 and the Blackwater River; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 646; thence in a Southeasterly direction along State Route 646 to the intersection of State Route 646 and State Route 650; thence in a Northeasterly direction along State Route 650, to the intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 i-niles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Northerly direction along State Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the 911 intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Southwesterly direction along the boundary line of Isle of Wight County and Surry County to the intersection of the boundary line of Isle of Wight County, Surry County and Southampton (Blackwater River); thence in Southerly direction along the boundary line of Isle of Wight County and Southampton County to the intersection of the boundary line of Isle of Wight County and Southampton County and State Route 620, the point of beginning. (b) Windsor election district. (1) Windsor precinct...... Beginning at the intersection of State Route 609 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Suffolk and Route 606, the point of beginning. (2) Courthouse precinct. ..... Beginning at the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 692; thence in a Easterly direction along State Route 692 to the intersection of State Route 692 and State Route 652; thence in a Northerly direction along State Route 652 to the intersection of State Route 652 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Champion Swamp; thence in a Southeasterly direction along Champion Swamp to the intersection of Champion Swamp and State Route 692; thence in a Northeasterly direction along State Route 692 to the intersection of State Route 692 and 27 State Route 654; thence in a Southeasterly direction along State Route 654 to the intersection of State Route 654 and State Route 600; thence in a Easterly direction on State Route 600 to the intersection of State Route 600 and State Route 602; thence in a Southerly direction along State Route 602 to the intersection of State Route 602 and State Route 600; thence in a Southeasterly direction along State Route 600 to the intersection of State Route 600 and State Route 10; thence in a Southerly direction along State Route 10 to the intersection of State Route 10 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Suffolk and State Route 606; thence in a Westerly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258, the point of beginning. (3) Longview precinct. ..... Beginning at the intersection of State Route 10 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northerly direction along State Route 10 to the intersection of State Route 10 and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 602; thence in a Northerly direction along State Route 602 to the intersection of State Route 602 and State Route 600; thence in a Northwesterly direction along State Route 600 for approximately 0.9 miles to the intersection of State Route 600 and a private farm lane; thence in a Northerly direction along said private farm lane for approximately 0.63 miles to the intersection of said private farm lane and electrical transmission lines; thence in a Northwesterly direction along electrical transmission lines for approximately 3.3 miles to an intersection of said electrical transmission lines and a private lane; then in a Northeasterly direction along said private lane to the intersection of said private lane and State Route 620 between 16030 Scott's Factory Road and 16034 Scott's Factory Road; thence in a Southeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 655; thence in a Northerly direction along State Route 655 to the intersection of State Route 655 and the Town of Smithfield corporate limit; thence in a Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and U.S. Route 258; thence in a Northwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to its intersection with State Route 669; thence in a Southeasterly M direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of the boundary line between Isle of Wight County and the City of Suffolk and State Route 10, the point of beginning. (c) Hardy election district. (1) Pons precinct...... Beginning at the intersection of U.S. Route 258 and State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuino, in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Westerly direction along State Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly M direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Southerly direction along State Route 677 to the intersection of State Route 677 and State Route 626; thence in a Southeasterly direction along State Route 626 and continuing on Carey Street to the over pass of Carey Street and State Route 10; thence in a Southerly direction along State Route 10 to the intersection of State Route 10 and Little Creek; thence in a Southwesterly direction along Little Creek to the intersection of Little Creek and Great Spring Road (State Route 655); thence in a Southeasterly direction along Great Spring Road (State Route 655) to the intersection of Great Spring Road (State Route 655) and State Route 620; thence in a Northwesterly direction along State Route 620 to the intersection of State Route 620 and State Route 1210; thence in a Southerly direction along a private lane between 16030 Scotts Factory Road and 16034 Scotts Factory Road to the intersection of said private lane and electrical transmission lines; thence in a Southeasterly direction along electrical transmission lines for approximately 3.3 miles to the intersection of said electrical transmission lines and a private farm lane; thence in a Southerly direction along said private farm lane to the intersection of the private farm lane and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 654; thence in a Northwesterly direction along State Route 654 to the intersection of State Route 654 and State Route 692; thence in a Southwesterly direction along State Route 692 to the intersection of State Route 692 and the run of Champion Swamp; thence in a Northwesterly direction along the run of Champion Swamp to the intersection of the run and U.S. Route 258; thence in a Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 652; thence in a Southeasterly direction along State Route 652 to the 30 intersection of State Route 652 and State Route 692; thence in a Westerly direction along State Route 692 to the intersection of State Route 692 and U.S. Route 258; thence in a Southwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644, the point of beginning. (2) Rushmere precinct. ..... Beginning at the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Northerly direction along the boundary line of Isle of Wight County and Surry County to the intersection of the boundary line of Isle of Wight County, Surry County, James City County and the City of Newport News; thence in a Southerly direction along the boundary line between Isle of Wight County and the City of Newport News for approximately 11.4 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31 VA); thence in a Northerly direction along said private paved airfield runway (FAA 31 VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of 31. Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in a Southwesterly direction along Little Creek to the intersection of Little Creek and State Route 10 Bypass; thence in a Northerly direction along State Route 10 Bypass to the intersection of the State Route 10 Bypass and Carey Street overpass; thence in a Northwesterly direction along Carey Street (State Route 626) to the intersection of State Route 626 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 1620, the point of beginning. (d) Smithfield election district. (1) Smithfield precinct...... Beginning at the intersection of Battery Park Road and the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate of limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and State Route 704; thence in a Northerly direction along State Route 704 to the intersection of State Route 704 and State Route 1001; thence in a Northerly direction along State Route 1001 to the center point of the Pagan River; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31 VA); thence in a Northerly direction along said private paved airfield runway (FAA 31 VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly 32 direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in a Northeasterly direction along Little Creek to the intersection of Little Creek and Cypress Creek; thence in a Northerly direction along Cypress Creek to the intersection of Cypress Creek and South Church Street (U.S. Route 258 Business); thence in Southeasterly direction along South Church Street (U.S. Route 258 Business) to the intersection of South Church Street (U.S. Route 258 Business) and Battery Park Road; thence in a Easterly direction along Battery Park Road to the intersection of Battery Park Road and the corporate limit of the Town of Smithfield, the point of beginning. (2) Cypress Creek precinct . ..... Beginning at the intersection of the Southern boundary line of the corporate limit of the Town of Smithfield and State Route 10; thence in a Northwesterly direction along State Route 10 to the intersection of State Route 10 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to the Northern IN boundary of the corporate of limit of the Town of Smithfield and Battery Park Road; thence in a Westerly direction along Battery Park Road to the intersection of Battery Park Road and South Church Street (U.S. Route 258 Business); thence in a Northwesterly direction along South Church Street (U.S. Route 258 Business) to the intersection of South Church Street (U.S. Route 258 Business) and Cypress Creek; thence in a Southerly direction along Cypress Creek for approximately 0.15 miles to the intersection of Cypress Creek and Little Creek; thence in a Southwesterly direction along Little Creek to the intersection of Little Creek and corporate limit of the Town of Smithfield (Great Spring Road); thence in a Southerly and Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and State Route 10, the point of beginning. (e) Newport election district. (1) Carrollton precinct. ..... Beginning at the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and U.S. Route 17; thence in a Northeasterly direction along U.S. Route 17 to the intersection of U.S. Route 17 and the boundary line between Isle of Wight County and the City of Newport News; thence in a Northwesterly direction along the boundary line between Isle of Wight County and the City of Newport News for approximately 3.7 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Southerly direction to intersect with State Route 1001; thence in a Easterly direction along State Route 1001 to the intersection of State Route 1001 and State Route 704; thence in a Southerly direction along State Route 704 to the intersection of State Route 704 and State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258, the point of beginning. (2) Bartlett precinct...... Beginning at the intersection of U.S. Route 258 and U.S. Route 17; thence in a Westerly direction along U.S. Route 258 for approximately 0.7 miles to the intersection of U.S. Route 258 and electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction 0 along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Newport News; thence in a Northwesterly direction along the boundary line of Isle of Wight County and the City of Newport News for approximately 4.0 miles to the intersection of the boundary line between Isle of Wight County and the City of Newport News and U.S. Route 17; thence in a Southwesterly direction along U.S. Route 17 to the intersection of U.S. Route 17 and U.S. Route 258, the point of beginning. (6-24-71, § 3; 5-20-81, § 3; 12-2-82; 4-25-91, § 3; 8- 18-94; 5-13-01, § 3; 12-5-08; Ord. No. 2011-7-C, 4-21-11.) The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Chairman Alphin called for a public hearing on the following: E. Ennisdale Property Sale County Attorney Popovich represented the request to purchase said property. Chairman Alphin called for persons to speak in favor or in opposition to the Resolution. Rosa Turner expressed opposition to the sale until the use of the property is known. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the Chairman, County Administrator and/or County Attorney be authorized to execute any and all documents necessary to effectuate the sale of the property as presented. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Under the County Administrator's report, David Rose, Davenport and Company, briefed the Board regarding financial savings to be realized through the refunding of General Obligation Bonds. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES 2015, OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF, AND PROVIDING FOR THE REFUNDING OF CERTAIN GENERAL OBLIGATION BONDS OF THE COUNTY WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code of Virginia of 1950, as amended, Isle of Wight County, Virginia (the "County"), has elected by affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; WHEREAS, on December 16, 2008, the County issued its $25,000,000 General Obligation Public Improvement Bonds, Series 2008B (the "Series 2008 Bonds"), of which $14,505,000 remains outstanding; WHEREAS, the County administration, in consultation with Davenport & Company LLC, the County's financial advisor (the "Financial Advisor"), has recommended to the Board of Supervisors of the County (the "Board") that the County authorize the refunding of all or a portion of the outstanding Series 2008 Bonds (the "Refunded Bonds"), and the issuance and sale of a series of general obligation refunding bonds, in order to achieve debt service savings; and WHEREAS, the County administration, in consultation with the Financial Advisor, has recommended to the Board that the County issue and sell a single series of tax-exempt general obligation refunding bonds in a principal amount not to exceed $18,000,000 through one or more of the following methods: (a) a private placement with a banking or other financial institution (a "Private Sale"), (b) a public offering through a competitive sale (a "Competitive Sale"), or (c) a public offering through a negotiated underwriting (a "Negotiated Sale") (in any of such funding options, the purchaser(s) of the bonds shall be referred to herein as the "Purchaser"); BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Issuance of Bonds. There shall be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, tax-exempt general obligation refunding bonds of the County in the maximum aggregate principal amount of $18,000,000 (the "Bonds") to (a) provide funds to refund the Refunded Bonds and (b) pay 36 the costs incurred in connection with issuing the Bonds and refunding the Refunded Bonds. 2. Bond Details. The Bonds may be issued in a single series and shall be designated "General Obligation Public Improvement Refunding Bonds, Series 2015," or such other designation as shall be determined by the County Administrator, shall be in registered form, shall be dated such date as determined by the County Administrator, shall be in denominations of $5,000 and integral multiples thereof, and shall be numbered R-1 upward. Subject to Section 3, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the County Administrator; provided, however, that (a) the Bonds shall have a "true" or "Canadian" interest cost not to exceed 4.0%, taking into account any original issue discount or premium thereon, (b) the Bonds shall be sold at a price not less than 98.0% of the original aggregate principal amount thereof (excluding any original issue discount), and (c) the Bonds shall mature or be subject to mandatory sinking fund redemptions in annual installments ending no later than December 31, 2031; and, provided further, that the refunding of the Refunded Bonds in the aggregate shall result in net present value debt service savings to the County of at least 3.0% of the principal amount of the Refunded Bonds. Principal of the Bonds shall be payable annually and interest on the Bonds shall be payable semiannually on dates determined by the County Administrator. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360 -day year of twelve 30 -day months. Principal and premium, if any, shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the County Administrator (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. 3. Methods of Sale; Award of Bonds. The Bonds shall be sold in one or more sales, whether through a Private Sale, a Competitive Sale, a Negotiated Sale or any combination thereof, as determined by the County Administrator to be in the best interests of the County. (a) If the County Administrator determines that the Bonds (or a portion thereof) shall be sold through a Private Sale, the County Administrator is authorized, on behalf of the County and in collaboration with the Financial Advisor, to solicit bids from banking institutions and other financial firms, to determine which bid (or bids) offers the best terms to the County, and, subject to the limitations set forth in Section 2, to arrange for the issuance and sale of the Bonds to the Purchaser. Following a Private Sale, the County Administrator shall file a certificate with the Board setting forth the final terms of the Bonds. The actions of the County Administrator in selling the Bonds by Private Sale shall be conclusive, and no further action with respect 37 to the sale and issuance of the Bonds shall be necessary on the part of the Board. (b) If the County Administrator determines that the Bonds (or a portion thereof) shall be sold through a Competitive Sale, the County Administrator is authorized, on behalf of the County and in collaboration with the Financial Advisor, to take all proper steps to advertise the Bonds for sale, to receive public bids and to award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following a Competitive Sale, the County Administrator shall file a certificate with the Board setting forth the final terms of the Bonds. The actions of the County Administrator in selling the Bonds by Competitive Sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board. (c) If the County Administrator determines that the Bonds (or a portion thereof) shall be sold through a Negotiated Sale, the County Administrator is authorized, on behalf of the County and in collaboration with the Financial Advisor, to choose an investment banking firm to serve as underwriter for the Bonds and to execute and deliver to the underwriter, as Purchaser of the Bonds, a bond purchase agreement reflecting the final terms of the Bonds. The bond purchase agreement shall be in a form approved by the County Administrator, in collaboration with the County Attorney, the Financial Advisor and the County's bond counsel. The actions of the County Administrator in selling the Bonds by Negotiated Sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board. (d) Following the determination of which method(s) of sale shall be used, the County Administrator is hereby authorized to (i) determine the principal amount of the Bonds, subject to the limitations set forth in Section 1, (ii) determine the interest rates of the Bonds, the maturity schedules of the Bonds, and the price to be paid for the Bonds by the Purchaser, subject to the limitations set forth in Section 2, (iii) determine the redemption provisions of the Bonds, subject to the limitations set forth in Section 5, and (iv) determine the dated date, the principal and interest payment dates and the Record Date of the Bonds, all as the County Administrator determines to be in the best interests of the County. 4. Securities Depository Provisions for Public Sale. If the Bonds are sold through a Negotiated Sale or a Competitive sale, the following terms shall apply: (a) Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The County has heretofore entered into a Blanket Letter of Representations relating to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section. W-3 (b) In the event that (i) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the County discharges its responsibilities hereunder, or (ii) the County in its sole discretion determines (A) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (B) to select a new Securities Depository, then its chief financial officer shall, at the direction of the County, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 7; provided, however, that such form shall provide for interest on the Bonds to be payable (1) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (2) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 9. (c) So long as there is a Securities Depository for the Bonds (i) it or its nominee shall be the registered owner of the Bonds, (ii) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (iii) the Registrar and the County shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (iv) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds and (v) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above -referenced Blanket Letter of Representations such provisions of the Blanket Letter of Representations, except to the extent set forth in this subsection and subsection 4(b), shall control. 5. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the County at a price and on or after dates, if any, determined by the County Administrator. Any Bonds sold as term bonds may be subject to mandatory sinking fund redemption upon terms determined by the County Administrator. If less than all of the Bonds are called for redemption, the maturities to be redeemed shall be selected by the County's chief financial officer in such 1E manner as the chief financial officer may determine to be in the best interest of the County. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The County shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The County shall not be responsible for sending notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be sent to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, no later than the redemption date or (2) the County retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time. The County shall give prompt notice of such rescission to the affected Bondholders. Any Bonds subject to Conditional Redemption where redemption has been rescinded shall remain outstanding, and the rescission shall not constitute an event of default. Further, in the case of a Conditional Redemption, the failure of the County to make funds available on or before the redemption date shall not constitute an event of default, and the County shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Bondholders that the redemption did not occur and that the Bonds called for redemption and not so paid remain outstanding. 6. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Chairman or Vice Chairman of the Board, shall be countersigned by the manual or facsimile signature of the Clerk or Deputy Clerk of the Board and the Board's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 7. Bond Form. The Bonds shall be in substantially the form of Exhibit A attached hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 8. Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the County sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. 9. Registration, Transfer and Owners of Bonds. The County Administrator is hereby authorized and directed to appoint the County Treasurer or a qualified bank or trust company as paying agent and registrar for the Bonds (the "Registrar"). The Registrar shall maintain registration books for the registration and registration of transfers of Bonds. Upon presentation and surrender of any Bonds at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute and the Registrar shall authenticate, if required by Section 6, and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the Record Date. 10. Preparation and Delivery of Bonds. After the Bonds have been awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the Purchaser thereof upon payment therefor. ii. Escrow Deposit Agreement. The County Administrator is authorized to execute and deliver one or more escrow deposit agreements (collectively, 41 the "Escrow Agreement") between the County and an escrow agent to be appointed by the County Administrator (the "Escrow Agent"). The Escrow Agreement shall be in the form approved by the County Administrator, in collaboration with the County Attorney and the County's bond counsel, and shall provide for the deposit and investment of a portion of the Bond proceeds for the defeasance of the Refunded Bonds. The execution of the Escrow Agreement by the County Administrator shall constitute conclusive evidence of such official's approval of the Escrow Agreement. The Escrow Agreement shall provide for the irrevocable deposit of a portion of the Bond proceeds (the "Refunding Portion") in an escrow fund that shall be sufficient to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds; provided, however, that the Refunding Portion pertaining to the Bonds shall be invested in such manner that none of the Bonds will be "arbitrage bonds" within the meaning of Section 148 of the Code. 12. Deposit of Bond Proceeds. The County Treasurer and the Director of Budget and Finance or either of them is authorized and directed (a) to provide for the delivery of the Refunding Portion to the Escrow Agent for deposit in the escrow funds established by the Escrow Agreement, in an amount that will be sufficient, together with any other funds deposited with the Escrow Agent and the interest thereon when invested as provided in the Escrow Agreement, (i) to pay when due the interest on the Refunded Bonds to the first date on which they may be redeemed at the option of the County and (ii) to pay upon the earlier of maturity or redemption the principal of the Refunded Bonds, plus any interest accrued and unpaid to such redemption date, plus the applicable redemption premium, and (b) to provide for the deposit of the remaining proceeds of the Bonds in a special account to be used to pay the costs incurred in refunding the Refunded Bonds and issuing the Bonds. The County Treasurer and the Director of Budget and Finance or either of them is further authorized and directed to take all such further action as may be necessary or desirable in connection with the payment and refunding of the Refunded Bonds. 13. Redemption of Refunded Bonds. The County Administrator is authorized and directed to determine which principal maturities (or portions thereof) of the Series 2008 Bonds shall constitute the Refunded Bonds. The County Administrator shall direct that notices of redemption be given to the registered owners of the Refunded Bonds in accordance with the resolution providing for the issuance of the Series 2008 Bonds. 14. Arbitrage Covenants. The County covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the County shall comply with any provision of law which may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of 42 the Bonds, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The County shall pay any such required rebate from its legally available funds. 15. Non -Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. 16. Limitation on Private Use. The County covenants that it shall not permit the proceeds of the Bonds or the facilities refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities refinanced with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or refinance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the County need not comply with such covenants. 17. Other Actions. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 19. Effective Date. This Resolution shall take effect immediately. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. 43 County Administrator Seward presented a Resolution to Authorize School's Categorical Transfer Request to Address Benefit Pay -out for Administrative Personnel and Additional Bus Fuel Expenses for the Remainder of the Fiscal Year for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE SCHOOLS CATEGORICAL TRANSFER REQUEST TO ADDRESS BENEFIT PAY -OUT FOR ADMINISTRATIVE PERSONNEL AND ADDITIONAL BUS FUEL EXPENSES FOR THE REMAINDER OF THE FISCAL YEAR WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received and reviewed the Schools May 12, 2015 request for a categorical transfer of funds; and, WHEREAS, the Schools are requesting transfers of operating funds from the Instruction ($58,000) and Technology ($22,000) categories in the amount of $80,000 to the Administration category for administration benefit pay -out: and, WHEREAS, the Schools are also requesting a transfer of operating funds from the Maintenance category in the amount of $70,000 to the Transportation category for additional bus fuel expenses for the remainder of the fiscal year. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia authorizes the Schools requests for the aforementioned categorical transfers. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized by the Board of Supervisors 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 (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. The Board received a presentation on the newly developed Newcomer Guide. Beverly H. Walkup, Director of Planning and Zoning, presented a staff report on the concept of a directional farm signage program. Supervisor Jefferson moved to approve the program concept and staff was authorized to implement ordinances changes as necessary. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Michael W. Terry, Director of Budget and Finance, provided a presentation on the status and implications of the County's financial performance. Mary Beth Johnson, Director of Human Resources, presented a Resolution to Amend Chapter 1: Personnel, Article 1, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article X11, Sections 12.0-12.3 of the County Policy Manual for the Board's consideration. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE 1, SECTIONS 1.2 AND 1.6, ARTICLE XI, SECTION 11.5, AND ARTICLE XII, SECTIONS 12.0-12.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established an Equal Employment Opportunity Policy, along with specific objectives of the County's Personnel Management System, a Non -Discrimination and Anti -Harassment Policy, and a Violence in the Workplace Policy under Chapter 1: Personnel, Article 1, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article 1, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 of the County Policy Manual to clarify the provisions, guidelines, rules and procedures of the Equal Employment Opportunity Policy, objectives of the County's Personnel Management System, the Non - Discrimination and Anti -Harassment Policy, and the Violence in the Workplace Policy; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article 1, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE I General Provisions (Revised December 15, 2005, Revised May 21, 2015) Section 1.2 (Revised December 15, 2005, Revised May 21, 2015) Equal Employment Opportunity Policy Isle of Wight County shall pro maintains and promotes equal employment opportunity in all phases of employment and personnel !R administration in accordance with State and Federal laws, executive orders and regulations. No officer or employee of the County shall discriminate against any employee or applicant for employment with regard to recruitment, application, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of employment on the basis of race, color, sex, end, religion, national origin, age, of disability, marital status, veteran status, genetic information, sexual orientation, or other non -job related characteristic protected by applicable law. Americans With Disabilities Act (ADA) and Americans with Disabilities Amendments Act (ADAAA) Provisions It is the policy of Isle of Wight County to comply with the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) prohibiting discrimination against applicants and employees with disabilities and, when needed, to provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Isle of Wight County to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is the policy of Isle of Wight County to prohibit discrimination against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Employees and applicants with disabilities requesting reasonable accommodations to perform essential job functions should request such through the Human Resources Department. No officer or employee of the County shall retaliate against any employee with regard to recruitment, application, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of employment because the employee has used or has participated in the County's grievance procedure, has complied with any law of the United States, or of the Commonwealth of Virginia, or has reported any violation of such law to a governmental authority, or has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement to the Board of Supervisors, the County Administrator, the County Attorney, or other governmental authority. Section 1.6 (Revised May 21, 201 S) Objectives and Scope The specific objectives of the County's Personnel Management System are: M a. to establish and maintain a sound classification and compensation plan which will attract and retain qualified employees b. to assure fair treatment of applicants and employees in all aspects of personnel management without regard to race, color, er-eed, religion, age, national origin or aneesny, sex, pl ysieal-handicap or disability Of political -affilia , marital status, veteran status, genetic information, sexual orientation, or other non -job related characteristic protected by applicable law c. to maintain the compensation plan in a proper relationship with competitive pay practices in the labor market in which the County competes d. to assure each County employee a performance review at specified intervals e. to provide effective control of salary payments on a uniform basis f. to furnish County management with a consistent and effective means of recognizing improved and outstanding performance g. to recruit, screen, select and advance employees on the basis of their ability, knowledge, and skills h. to determine training needs to insur-e ensure quality performance and to enable employees to realize their maximum potential. ARTICLE XI Miscellaneous Policies and Regulations (Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006, Revised September 4, 2008, Revised May 21, 2015) Section 11.5 (Revised April 7, 2005, Revised May 21, 2015) Non -Discrimination and Anti -Harassment Policy Isle of Wight County is committed to providing a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, Isle of Wight County expects that all relationships among persons in the workplace will be business -like and free of bias, prejudice, and harassment. This policy applies to all persons working for and with Isle of Wight County, regardless of employment status. 47 Equal Employment Opportunity It is the policy of Isle of Wight County to be an equal opportunity employer, to maintain a diverse workforce, and to create and maintain a working environment free from discrimination and harassment. Any form of unlawful discrimination, including harassment based on ensure qua race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic information, sexual orientation, or other non job related o othe - characteristic protected by applicable law is strictly prohibited. Any employee found to have engaged in illegal discrimination or harassment in the course of his/her employment will be subject to appropriate disciplinary action, up to and including termination of employment. isle -e€ Wight County pr-ohibits and will not teler-ate any sueh diser-ifnination of harassment. T,� Types of Harassment Sexual Harassment - ^^^� is a form of discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined, consistent with the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example: 1. Accepting or tolerating Submission such conduct is made explicitly or implicitly a term or condition of an individual's employment; or 2. Accepting or rejecting such conduct by an individual is used as a basis for employment decisions affecting that :,,divi a,, ' an applicant or employee; and/or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e- mail); and other physical, verbal or visual conduct of a sexual nature. Sex - based harassment, harassment not involving sexual activity or language (i.e., male manager yells only at female employees and not males), may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex. Workplace Harassment -- includes any unwelcome verbal/physical conduct or written communication that either denigrates or shows hostility or aversion towards a person on the basis of race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic information, sexual orientation, or other non -job related characteristic protected by applicable law that: ■ Has the purpose or effect of creating an intimidating, hostile or offensive working environment; or ■ Has the purpose or effect of unreasonably interfering with an employee's work performance; or ■ Affects an employee's employment opportunities or compensation. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and the display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). on the basis of any other- pr-oteeted T T d this policy, harassment ^..hOWS he eha-Faeter-istie eFba dividual—bee-ause is also ,,h\, nl eenduet of str-ietly prohibit that denigrates ca. Lieut uv his/her- r-aEe, b:L......., ..r ealo religion, national ofig-ii age, disability, by 1a\ I of that of h;^/ho,-relatives e f,-;ofids any othe,- ehn.-aetef4st;r or- a ; ;te^ and thutth foteet�^] •- has the PUfPE) Ye OF e -f eOt—vi—Er-eating offensive work e e nt. an intimidating hostile -vr •has the i -pose o"r@ffeet of - eason t with an individual's idual's r`v'or-k p iee; of • thor\\Iin a adIVYn J el\ nffeetn _-_ an1_ individual's lis A. -Y pl,\J\'Y\e nt ^Va V1LU 11L1� Individuals and Conduct Covered These -This pals policy app4-y applies to all applicants and employees, and prohibits harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager, or by someone not directly connected to Isle of Wight County (i.e., an outside vendor, consultant, or citizen). Conduct prohibited by these this polieies policy is unacceptable in the workplace and in any work-related setting, such as during business trips, business meetings and business-related social events. Retaliation is Prohibited Isle of Wight County expressly prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. However, this policy does not grant license for employees to engage in the unfounded or vindictive accusation of others. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Employee Responsibilities Each employee of the County is responsible for engaging in and promoting workplace behaviors that create and maintain an environment of respect and promote effective teamwork. Employees are also responsible for reporting behaviors that damage the environment. Employees who experience harassment are encouraged to make it clear to the offender, at the time of the occurrence, that such behavior is offensive. Any employee who believes that he or she is being harassed is urged to contact the Director of Human Resources immediately. Management Responsibilities Managers and supervisors have a greater responsibility, not only to model respectful, professional conduct at the workplace, but also to maintain an environment of respect and effective teamwork in their work areas. Managers and supervisors shall: ■ Ensure his/her employees are aware of the County's Non - Discrimination and Anti -Harassment Policy and emphasize that harassment will not be tolerated and may result in disciplinary action, up to and including termination; and ■ Create and maintain a workplace that is free from harassment; and ■ Monitor the work environment for signs that harassment may be occurring; and ■ Counsel employees on the procedures for reporting and resolving complaints of harassment; and ■ Refrain from participating in or encouraging actions that could be perceived as harassment. Managers and supervisors who observe or are made aware of harassment or discrimination taking place in the workplace are required to report the harassment to the Director of Human Resources immediately. All allegations of harassment and discrimination will be investigated by the Human Resources Department as expeditiously as possible. Managers and 50 supervisors who allow harassment or discrimination to continue or fail to take appropriate corrective action upon becoming aware of the harassment or discrimination shall be considered a party to the harassment, even though they may not have engaged in the actual behavior, and shall be subject to disciplinary action. Any questions regarding the County's Non - Discrimination and Anti -Harassment Policy that a manager or supervisor is unable to answer should be referred to the Director of Human Resources. Complaint Procedure Isle of Wight County requires the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender's identity or position. Individuals who believe they have experienced conduct that they believe is contrary to this policy or who have concerns about such matters should make their complaints with the Director of Human Resources, or in cases of his/her absence, the Assistant County Administrator, County Administrator, County Attorney, or their supervisor before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of the Director of Human Resources or in cases of his/her absence, one of the other county designated representatives identified above. The Department of Human Resources is responsible for the official investigation of all complaints of discrimination/harassment. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Therefore, while no fixed reporting period has been established, Isle of Wight County strongly urges the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. Isle of Wight County will make every effort to stop alleged harassment before it becomes severe or pervasive, but can only do so with the cooperation of its employees. Employees who experience harassment are encouraged to make it clear to the offender, at the time of the occurrence, that such behavior is offensive. If the situation cannot be resolved by the employee or if the offensive behavior is repeated, the employee may make a complaint. Employees should report incidents of harassment as soon as possible after the incident occurs. Other avenues to filing a complaint include the County's Grievance Procedure to remedy complaints of discrimination in any employment practice based on the employee's race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic information, sexual orientation, or other non job related characteristic protected by applicable law. The eligible employee should contact the Human Resources Department for the Grievance Procedure. 51 The Investigation Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. Responsive Action Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of the offender, and/or disciplinary action such as warning, reprimand, reassignment, temporary suspension without pay, or termination, as the County believes is appropriate under the circumstances. The unwelcomeness, frequency, severity of the behavior, statutes, and the County's Policy determine whether harassment has occurred. Finally, these policies may not be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions in order to avoid allegations of harassment. The law and the policies of Isle of Wight County prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them. Article XII Violence in the Workplace (Adopted November 4, 2004, Revised October 4, 2007, Revised May 21, 2015) 0 Section 12.0 (Revised October 4, 2007, Revised May 21, 2015) Violence in the Workplace Purpose The County of Isle of Wight desires to provide a safe environment for County employees, volunteers, individuals providing temporary services, and citizens who conduct business on County property. The County maintains a zero tolerance policy towards workplace violence and threatening behavior. Employees violating this policy will be subject to disciplinary action, up to and including, involuntary termination. The County has developed this policy to help reduce the risk of violence by establishing a standard procedure for dealing with threatening and/or violent situations in the workplace. When a threat has been reported or management determines that a potential for violence exists, management may require an employee to undergo an assessment to determine the risk of danger. The Employee Assistance Program (EAP) may assist the County by facilitating a referral to an appropriate resource for this assessment. Section 12.1 (Revised October 4, 2007, Revised May 21, 2015) Prohibited Conduct The following acts and behaviors are examples of prohibited conduct. This list is intended to serve as a representative sampling of the kinds of actions the County will consider improper, which means it does not contain all of the possible actions that would be deemed inappropriate under this policy. a. Physical assault. This includes, but is not limited to, any unwanted or hostile physical contact with another person such as hitting, fighting, pushing, shoving, or intentionally throwing objects at or towards another person. b. Threatening to physically assault or harm an individual in any way. A threat is improper regardless of whether the person communicating the threat has the present ability to carry it out and regardless of whether the threat is contingent, conditional, or future. Additionally, a threat is not permissible even if it is expressed in veiled terms. Conduct that constitutes a threat is prohibited regardless of whether it is communicated verbally, in writing, or electronically (such as by e- mail). In addition, a threat is impermissible whether it is communicated directly to the intended victim or communicated in an indirect way (such as to a third party). c. Harassment. This includes, but is not limited to, showing an obsessive 53 interest in another person to the extent a reasonable person would find the behavior frightening or intimidating under all of the circumstances. A few examples of prohibited conduct are stalking and repeated unwanted verbal and/or written references to a grudge or to a romantic interest. d. Intentionally destroying or damaging property owned by the County, or others. e. Possessing weapons, including guns, knives, etc. during work hours without authorization from the County Administrator. Even if the employee has obtained a concealed weapons permit from the Commonwealth of Virginia, County employees are prohibited from carrying guns on County property unless required to do so by their position. f. Engaging in behavior that creates a reasonable fear of injury in another person. g. Committing injurious acts motivated by, or related to, domestic violence or sexual harassment. h. Retaliating against any employee who, in good faith, reports a violation of this policy. The County does not condone acts or behaviors that were supposedly only a joke or not meant to be taken seriously. Any threat or act of violence will be treated as though the instigator was serious. In addition, any conduct that has the purpose of causing psychological harm and/or inducing fear will be treated the same as conduct that has the purpose of causing physical harm. Section 12.2 (Revised October 4, 2007, Revised May 21, 2015) Procedure: Employee Responsibilities In Cases Of Threats Or Violence and Reporting of Convictions of Crimes Against a Person Employees who believe they are being, or have been, subjected to an act or behavior that violates this policy should immediately report the incident to their supervisor. If the supervisor is the party who is engaging in the improper conduct, employees should report the incident to their department director or to the Director of Human Resources (or a designee). If employees are in a situation that constitutes an emergency, they should immediately contact the Sheriff's Office by dialing 911. To the extent possible, employees should inform their supervisor of the incident at the time it is occurring or to other appropriate parties mentioned above if the supervisor is the perpetrator. In non -emergency situations, if the employee, or the employee's supervisor, believes the questionable conduct may 54 constitute a criminal offense, the employee or the supervisor should contact the Sheriff's Office within a reasonable time to report the matter and to determine if the Sheriff will conduct a criminal investigation. An employee who reports information in good faith in accordance with this policy will not be subject to retaliation by the County (including discipline) solely for making the report. Within its ability to do so under all of the circumstances and considering its resources, the County will take reasonable steps to provide safeguards in the workplace if an employee has legitimate, ongoing concerns about potential violence from another individual. Therefore, employees who have obtained a protective order from a court should make their supervisor aware of the existence of the order. Any employee who is convicted of any "crime against the person" as defined in Title 18.2, Chapter 4 of the Code of Virginia, 1950 as amended, shall report the conviction to his or her immediate supervisor within 24 hours of notification of the conviction, or no later than the start of the next business day. The obligation exists regardless of the state in which the employee was convicted. The supervisor shall immediately contact Human Resources for a determination regarding whether the on -duty or off-duty conduct has an adverse impact on the employee's ability to perform their assigned duties and responsibilities. Failure to report a conviction or the conviction itself may be grounds for the employee's disciplinary action, up to and including, termination. Section 12.3 (Revised October 4, 2007, Revised May 21, 2015) Procedure: Management Responsibilities In Cases Of Threats Or Violence If supervisors receive information that one of their employees may have or is engaged in conduct that would be a violation of this policy, information should be gathered and documented and the supervisor shall immediately contact the Human Resources Department. The supervisor should take the necessary steps to obtain information about the situation, including interviewing individuals who may have knowledge about the conduct. Supervisors should document the steps they took in their review and the results of the review.must make the Depa -t,, ent of 14 Resour-ees of any .,tt that 1 lntion er- tenti^i awar-ec[c�cn'ur i-rry or`i cs u �-iorrrrry ii vr—, elation of this policy. After completing their review of a situation, if the Human Resources Department and supervisors determine that an employee has violated this policy, they should recommend appropriate disciplinary action, up to and including dismissal. For other violators of this policy (including volunteers; individuals providing temporary services through an outside agency; and citizens), appropriate action should be taken, taking into account all of the 55 circumstances. In a case that involves a threat of violence, the supervisor should take reasonable steps that may be necessary to provide appropriate safeguards in the workplace. If supervisors receive a complaint or become aware of a situation that involves a non-employee, they should initiate an investigation in conjunction with other appropriate County departments and offices and take appropriate action at the conclusion of the investigation. If supervisors become aware of a situation that constitutes an emergency, they should immediately contact the Sheriff's Office at 911, followed by the County Administrator, then the Director of Human Resources. In non- emergency situations, if the employee, or the employee's supervisor, believes the questionable conduct constitutes a criminal offense, the employee or the supervisor should contact the Sheriff's Office within a reasonable time to report the matter and to determine if the Sheriff will conduct a criminal investigation. If the Sheriff's Office becomes involved in a criminal investigation, supervisors will cooperate with the Sheriff's investigation. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. Responsive to staff's recommendation, Supervisor Darden moved that the meeting be continued to June 3, 2015 at 6:00 p.m. for the purpose of meeting jointly with the Planning Commission to discuss the public input and next steps associated with the ISLE 2040 Plan. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent at the meeting. The following informational items under the County Administrator's report were identified: Monthly Reports: Tax Levies & Collections as of April 2015; Cash Position; and, Statement of the Treasurer's Accountability; Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; FYI - Isle of Wight Sheriff's Monthly Activity Report/April 2015; Isle of Wight Website Statistics/April 2015; Solid Waste Division Litter Pickup; COMCAST; County Awarded Excellence in Financial Reporting by GFOA; WTWA Presentation from April BOS Meeting; and, a VDOT Route 460 Status Update. Chairman Alphin continued the meeting until 6:00 p.m. on June 3, 2015 in the Board Room for the purpose of meeting jointly with the Planning W Commission to discuss public input and the next steps associated with the ISLE 2040 Plan. R', Alphin, airman Carey'. is PStO m, �Clerk�� 57