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02-16-2017 Regular MeetingREGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE SIXTEENTH DAY OF FEBRUARY, IN THE YEAR TWO THOUSAND AND SEVENTEEN AT 5:00 P.M. PRESENT: Rex W. Alphin, Chairman William M. McCarty, Vice -Chairman Rudolph Jefferson Joel C. Acree Richard L. Grice Also Attending: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER At 5:00 p.m., the meeting was called to order by Chairman Alphin. APPROVAL OF AGENDA Approved by motion of Supervisor McCarty with the following amendments: Under New Business, add discussion regarding the new health clinic in the Airway Shopping Center and under the County Administrator's report, remove Item (D), Nike Park Trail status, which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities; pursuant to Section 2.2-3711(A)(1) regarding a discussion concerning the performance of a specific County employee; pursuant to 2.2- 3711(A)(7) regarding consultation with legal counsel regarding actual litigation with International Paper where such consultation would adversely affect the negotiating or litigation posture of this public body; and, Section 2.2-3711(A)(5) concerning a discussion regarding the expansion of an existing business where no previous announcement has been made of the business' interest in expanding its facilities in the community. Supervisor McCarty moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. The motion was adopted by a 1 vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Acree moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty 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: Acree, Alphin, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Supervisor Grice delivered the invocation and led the Pledge of Allegiance to the American Flag. I CITIZENS' COMMENTS Mark Whaley, Carrsville District, expressed opposition to the opening of a new health clinic in the Airway Shopping Center in the southern end of the County because of the distribution of methadone. Rick Gillerlain, Newport District, spoke in opposition to any tax increase and inquired about County's fiscal health. William Faulkner, Days Point Road, commented on the importance of the right business at the right location; that the Board listen to all people; and, that citizens be guided through County processes. Responsive to Mr. Whaley's above comments, County Administrator Keaton advised that the Airway Shopping Center property is zoned commercial and permits that type of use. The Board expressed interest in knowing the relationship other similar facilities have with their surrounding communities and government, as well as any ill effects caused by these types of facilities. County Administrator Keaton was requested to solicit as much information as can be obtained relative to the operation of existing facilities. Regarding comments of Mr. Gillerlain, Supervisor McCarty advised that the Board has not had an official conversation on a future tax rate increase. CONSENT AGENDA The following Consent Agenda was approved upon motion of Supervisor Jefferson which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: A. Resolution to Adopt the 2017 Hampton Roads Hazard Mitigation Plan Update B. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for Repairs to Sheriff's Department Vehicle ($1,048) C. January 5, 2017 Organizational and Work Session Minutes and January 19, 2017 Regular Meeting Minutes REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Grice briefed the Board regarding items of discussion at the most recent meetings of the Commission on Aging and Water & Sewer Task Force meetings. 3 APPOINTMENTS Supervisor McCarty moved that Edward Hulick be appointed to the Planning Commission representing the Newport District which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that David Tucker be appointed to the Water & Sewer Task Force representing the Hardy District which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS Rick Weddle, President and CEO, Hampton Roads Economic Development Alliance, provided an overview of that organization's new work program. Supervisor Acree moved that the Board endorse the new Hampton Roads Economic Development Alliance work program which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Danny Byrum, Isle of Wight Fair Committee Chairman, reported on awards received by the County in conjunction with its 2016 Isle of Wight County Fair at the 2017 Association of Fairs Conference which included 15' place for its Billboard, Flyer, Fair Booklet and Website Advertisements; five 2"d place and three 3' place ribbons; and, Best in Show for its 2016 website. In addition, the Fair also won a 2nd place for its Fair Radio Advertisement and 3rd place for Unique Advertising Specialties/Merchandise/Souvenirs Category at the International Association of Fairs Conference in December 2016. Dr. Jim Thornton, Superintendent, Isle of Wight County Schools, addressed capital projects within the school division and a funding strategy for the replacement of chillers at the Windsor and Carrsville Elementary Schools which are currently underway. He advised that there are not sufficient funds in the School's Maintenance Operating Budget now should the entire sprinkler system at the Carrollton Elementary School need to be replaced. The Superintendent was requested to explain why the sprinkler system at the Carrollton Elementary School has not been repaired/replaced as funds had been appropriated by the Board in May of 2015 for its repair/replacement. Dr. Thornton advised that he was unaware of that appropriation, advising that he was not the Superintendent at that time. He further advised that when he had become aware of such an appropriation, other priorities had been addressed with the knowledge that the system is working. E Dr. Thornton addressed the school's maintenance plan suggesting that a portion of the funds to be returned to the County by the Schools in June 2017 from its Operation Fund be placed in an emergency fund. Mrs. Heather Tuck, Assistant Superintendent, reviewed the School's proposed education plan for the Smithfield and Windsor High Schools for a career building; football field house, collaboration/recording studio, media center renovation, exercise/fitness room and cafeteria remodel for Smithfield High School and a farm/barn, greenhouse, construction lab/athletic storage, outdoor science classroom, addition plaza/art courtyard, student outdoor dining area, cafeteria renovation, drama room renovation and media center renovation at Windsor High School. Mr. Mike Lombardo, Executive Director of Innovative Learning, briefed the Board relative to programs and courses associated with the School's proposed educational plan. Dr. Thornton presented a plan to fund the proposed educational plan and associated programs and courses which involved the County incurring $10,000,000 in debt of which $750,000 previously allocated to the School system for P.D. Pruden would be repaid by the Schools annually for the next 20 years to pay down the bond debt. He advised that Smithfield Foods notified the school system in December 2016 that they are willing to donate $3,000,000 over a three-year period for the JROTC field house, the makerspace and the multi -use pavilion at Smithfield High School. County Attorney Popovich suggested that the School Board and Board of Supervisors could enter a Memorandum of Understanding stipulating that the funds currently being allocated to P.D. Pruden be utilized to pay down the County's bond debt. The consensus of the Board was to continue its discussion with the School Board at the Board's March 2, 2017 work session or some other future Board work session that members of the School Board can attend. COUNTY ATTORNEY'S REPORT Following a review by County Attorney Popovich of the revised Planning Commission By -Laws that Planning Commission members now be required to attend training for their position on the Planning Commission, Supervisor McCarty moved that the Planning Commission By -Laws as revised be adopted and that the Chairman be authorized to execute the By -Laws on behalf of the Board which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARINGS A. Application of Gary Burke, owner, for a Conditional Use Permit (CUP) on 5 acres, located at 19271 Muddy Cross Drive, parcel number 32-01- 5 079B1, in the Windsor Election District for a Contractor Office/Storage facility on a parcel currently zoned Rural Agricultural Conservation (RAC) Trenton Blowe, Planner, provided background information on the application. Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Conditional Use Permit. Gary Burke, applicant, provided the reasons for the need of the Conditional Use Permit. Chairman Alphin closed the public hearing. Supervisor Acree moved that the Conditional Use Permit be approved with the following conditions: 1.) Any materials to be stored on site are to be stored indoors or in a storage yard screened from view; 2.) that the applicant be limited to a maximum of 15 vehicles to be stored on the property; and, 3.) that the CUP be conditioned specific to the owner, Gary Burke and the CUP shall expire upon change of ownership of the property or if the business no longer exists which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. B. Ordinance to Amend and Reenact the Following Sections of the Isle of Wight County Code, Appendix B, Zoning: Article V, Supplementary Use Regulations; Section 5-5002, Supplementary Use Regulations for Residential Use Types in Order to Revise the Requirements for Home Occupations Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview of the proposed amendment. Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke and Chairman Alphin closed the public hearing. Supervisor McCarty moved that the following be adopted which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: An Ordinance to Amend and Reenact the Following Sections of the Isle of Wight County Code, Appendix B, Zoning: Article V, Supplementary Use Regulations; Section 5-5002, Supplementary Use Regulations for Residential Use Types; in Order to Revise the Requirements for Home Occupations D WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning: Article V, Supplementary use regulations; Section 5-5002, Supplementary use regulations for residential use types of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5-5002. - Supplementary use regulations for residential use types. A. Accessory apartment...... It is the specific purpose and intent to allow accessory apartments through conversion of existing larger residential structures and in the construction of new structures. Such uses are to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low- and moderate -income, both young and old, as well as relatives of families residing in the county. It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the county's existing housing stock, in a manner consistent with the land use objectives identified in the comprehensive plan and to provide alternative housing opportunities while protecting and preserving property values and community character. To help achieve these goals and purposes, the following standards are set forth as conditions for such accessory uses: 1. Residential accessory apartment...... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: a. A conditional use permit shall be required for an accessory apartment on any lot which does not have one hundred and fifty percent (150%) of the minimum lot size requirement for the zoning district in which the use is located, except that this requirement will not apply in the RAC and RR zoning districts. b. Location. i. An accessory apartment may be located either in a primary dwelling unit or in an accessory structure on the same lot or parcel as the primary dwelling. ii. The owner of the residential dwelling unit shall occupy at least one (1) of the dwelling units on the premises. C. Apartment size. 7 i. Maximum floor area: The maximum floor area of an accessory apartment in a primary dwelling shall not exceed one thousand (1,000) square feet or thirty-five (30 35) percent of the living area of the primary dwelling, excluding garages, breezeways, etc., whichever is less. The maximum floor area of an accessory apartment in an accessory building shall not exceed fifty (50) percent of the floor area of the accessory building. d. Maximum number of bedrooms...... No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments...... No more than one (1) accessory apartment is permitted per parcel. f. Exterior appearance...... If an accessory apartment is located in the primary dwelling, the apartment entry shall be located on the side or rear of the unit, and its design shall be such that the appearance of the dwelling will remain as a single -family residential structure. No accessory apartment shall be attached to a primary dwelling by open walkways, breezeways, patios, decks, etc. g. Water and sewer service...... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities. h. Parking...... One (1) parking space shall be required in addition to the required parking for the primary dwelling. 2. Commercial accessory apartment...... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: a. Location...... A commercial accessory apartment may be Iocated either above or attached to the rear of a commercial unit. In no case shall an accessory apartment be allowed in an accessory structure. b. Minimum lot size...... The minimum lot size for a commercial unit with an accessory apartment shall meet the minimum square footage required for the zoning district in which the use is located. C. Maximum floor area. i. The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty (50) percent of the entire unit. ii. The maximum floor area of an accessory apartment located to the rear of a commercial unit shall not exceed thirty-five (35) percent of the entire unit. d. Maximum number of bedrooms...... No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments...... No more than one (1) accessory apartment is permitted per commercial use. f. Exterior appearance. i. The entry to the apartment shall be located on the side or rear of the commercial unit, and the building design shall maintain its commercial character and appearance. ii. No accessory apartment shall be attached to a commercial unit by open walkways, breezeways, patios, decks, etc. g. Water and sewer service...... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities. h. Parking...... Parking for the apartment must be located to the rear or side of the commercial unit. Each apartment must be provided one and one- half (1.5) parking spaces in addition to what is required for the commercial use. B. Boathouse. 1. A boathouse, where permitted in this ordinance, shall be permitted as an accessory use on property where a legally established single-family dwelling exists. 2. A conditional use permit shall be required for a boathouse where there is no existing residence. C. Community recreation. 1. Except in the case of a planned development, community recreational facilities shall be developed solely for the noncommercial use of the residents and guests of the residential development. 2. A conditional use permit shall be required for the commercial or noncommercial use of a community recreational facility by the general public. The board of supervisors, following a recommendation by the planning commission, may vary area and setback requirements for existing facilities, provided that alternative methods of protecting adjoining properties are required as conditions of the conditional use permit. 3. Community recreational facilities may be owned and operated by a homeowner's association or a private or public entity. 4. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures shall conform to the required front and corner side yard building setbacks of the underlying zoning district. 5. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. 6. Pedestrian access to community recreational areas shall be provided throughout the entire development. 7. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines. 8. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. a. A reduction of up to twenty-five (25) percent may be granted administratively if the development contains bike paths and a bike parking area. This reduction does not apply to the requirements for employee vehicular parking, or to any community recreational facility open to the general public. 9. A landscaped buffer shall be provided for all community recreational uses in accordance with the requirements for civic use types in article VIII. a. Tot lots developed separately from other recreational areas may be exempt from landscaping requirements. E 10. Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. D. Condominium. 1. Condominium developments shall be regulated by use in accordance with the underlying zoning district. 2. A condominium development may be developed in accordance with the townhouse or multifamily standards as found in the supplementary use regulations, except that a townhouse condominium development shall not be permitted to deed any portion of the land with the townhouse unit. 3. Any subdivision of land within a condominium development shall comply with the Isle of Wight County Subdivision Ordinance and other county regulations as may by applicable. E. Dwelling, multifamily conversion...... Where allowed in the underlying zoning district, a single-family residence in existence as of July 1, 1997, may be converted to a multifamily dwelling containing not more than four (4) dwelling units in accordance with the following: 1. Minimum area and setback requirements. a. Conversions into two (2) dwelling units shall require at least one hundred fifty (150) percent of the minimum lot size in the district in which it is located. b. Conversions into three (3) dwelling units shall require at least two hundred (200) percent of the minimum lot size in the district in which it is located. C. Conversions into four (4) dwelling units shall require at least two hundred fifty (250) percent of the minimum lot size in the district in which it is located. d. The original single-family residence shall meet the minimum setback requirements of the underlying zoning district. 2. Minimum floor area. ..... The original single-family residence shall contain at least two thousand (2,000) square feet of floor area. 3. Water and sewer service...... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. F. Dwelling, two-family duplex. 1. Yard setback...... All setbacks and other requirements in the district in which it is located shall apply, except that the side yard along a common wall separating the two (2) units shall be zero (0) feet. 2. Water and sewer service...... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. G. Family day care home (serving six (6) to twelve (12) children)...... The following must be satisfied prior to the issuance of a zoning permit for a family day care home serving six (6) through twelve (12) children: 10 1. The zoning administrator shall send written notification by certified letter to the last known address of each adjacent property owner advising of the proposed family day care home. 2. If no written objection from any property owner so notified is received within thirty (30) days of the date of sending the notification letter and the zoning administrator determines that the family day care home otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the family day care home. 3. If written objection from any property owner so notified is received within thirty (30) days of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the family day care home is approved by the board of supervisors with a recommendation by the planning commission. H. Guest house. I. Location...... A guest house shall be located in an accessory structure in the rear yard of the primary structure. a. The owner of the lot or parcel must occupy the primary dwelling. b. A guest house shall not be permitted as an accessory structure prior to the construction and occupancy of the primary dwelling. 2. Occupancy. a. No such quarters shall be occupied by the same guest or guests for more than three (3) consecutive months in any twelve-month period. b. No such quarters shall be rented, leased, or otherwise made available for compensation of any kind. 3. Minimum lot size...... The minimum lot size for a primary dwelling with a guest house shall be one hundred fifty (150) percent of the minimum lot size required for the zoning district in which the use is located. 4. Setback requirements. ..... A guest house shall meet the required setbacks of the underlying zoning district for the primary dwelling. 5. Maximum floor area...... The maximum floor area of a guest house shall not exceed thirty (30) percent of the floor area of the primary dwelling, excluding garages, breezeways, patios, decks, etc. 6. Maximum number of bedrooms...... No more than two (2) bedrooms are permitted in a guest house. 7. Maximum number of guest houses...... There shall be no more than one (1) guest house permitted per residential lot or parcel. 8. Exterior appearance...... The design of a guest house shall maintain and enhance the character and exterior appearance of the primary dwelling. 9. Water and sewer service...... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Health Department or the Isle of Wight County Department of Public Utilities. I. Home occupation, Type I and Type II. I. Intent. ..... These provisions are adopted in recognition that certain small -scaled commercial activities may be appropriate in conjunction with residential uses. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for 11 dwelling purposes, and must be consistent with the predominant residential character of the property and.. or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations to not create an unfair competitive advantage over businesses located in commercially zoned areas. 2. Types of home occupations...... Recognizing the divergent needs of the developing areas of the county from the rural areas of the county, two (2) levels or types of home occupations have been established. Type I home occupations afford the greatest degree of protection to surrounding residents in those areas that are developing and becoming more suburban in nature. In contrast, Type II home occupations have been established to recognize the greater spaces between residents as well as the types of activities that are similar to those associated with the more traditional agricultural and forestry related activities found in the rural areas. 3. Uses for home occupation: Type I...... Type I home occupations are allowed in the following zoning districts: VC, NC, SE, SR, UR, PD -R, PD - MH, and PD -MX. The following is a representative listing of uses which may be conducted as Type I home occupations within the limits established in this section, however, uses not listed below require a specific Ietter of confirmation from the zoning administrator: • Art, handicraft, music, writing, photography, or similar studios • Computer and home typing services • Direct sales product distribution as long as products are directly delivered to the customer • Dressmaker, seamstress, tailor • Babysitting (up to five (5) children) • Hair cutting and styling • Home typing or computer services • Mail-order sales for delivery directly to the customer • Non -principal offices of physician, dentist, veterinarian, insurance agent, real estate or similar profession • Offices of accountant, architect, engineer, surveyor, land planner, soil scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, management consultant or similar professional • Preparation of food for off -premises catering • Telephone sales and order -taking • Tutor 4. Uses for home occupation Type II...... Type II home occupations are allowed in the following zoning districts: RAC and RR. The following is a representative listing of uses that may be conducted as Type II home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator: • All Type I uses • Carpentry shop • Contractor businesses 12 • Electronic sales and service • Facilities for service and repair of agricultural equipment and incidental sale of parts and supplies • Glazier's or painter shop • Gunsmith following section 5-5002.I.9 • Heating, plumbing, or air conditioning services • Landscape and horticultural services • Personal transportation services, including but not limited to, limousine service, taxi service, and medical transportation services • Machine shop/metal working provided all is completed in a completely enclosed building • Massage, physical therapy • Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no more than one (1) vehicle may be displayed at any time) • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure • Retail sales of agricultural, craft and woodworking products principally produced on-site • Taxidermy (See supplementary use regulations section 5-5005.AA) • Telephone answering service • Veterinary services • `1Vaterman's operation with on -premises wholesale and retail sale prohibited • Wood working and furniture repair, upholstery and cabinet making 5. Uses that are prohibited as home occupations...... The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops, sale of firearms • Bed and breakfast • Fortune-teller, including a clairvoyant, a practitioner of palmistry, a phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts to predict the future or any other person who attempts to predict the future • Tattoo parlors 13 6. General requirements for all home occupations. ..... All home occupations shall follow the requirements set forth in sections 7 through 10 below. However, should a home occupation exceed the requirements of said sections they shall be permitted to apply for a conditional use permit from the Board of Supervisors pursuant to section 1-1017. 7. General standards for all home occupations. a. The maximum floor area devoted to home occupations shall not exceed twenty-five (25) percent of the finished floor area of the dwelling unit. b. More than one (1) home occupation may be permitted provided the total floor area used for all home occupations is not exceeded. C. No dwelling or structure shall be altered, occupied, or used in a manner, which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. d. There shall be no outside storage of goods, products, equipment, excluding motor vehicles, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. e. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. f. Off street parking shall be provided as appropriate for the specific nature of the home occupation. g. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in residential areas. h. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes. i. No equipment or process shall be used in a home occupation which creates noise in excess of the requirements set forth in the Isle of Wight County Noise Ordinance. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls. j. No activity in conjunction with a home occupation shall be conducted that adversely impacts or disturbs adjoining property owners. k. Signs are permitted in accordance with article IX of this ordinance. Only one (1) sign shall be permitted regardless of the number of home occupations, and must be setback ten (10) feet from the road as measured from the front property line. 1. All state, federal and local Iicenses andior permits shall be obtained prior to operation. 8. Specific standards for Type I home occupations. a. Home occupations shall be confined to the primary dwelling. 14 b. No one other than permanent residents of the dwelling shall be engaged or employed in such occupation. C. There shall be no display or storage of goods or products visible from the public right-of-way or adjacent property. d. Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed five (5) students at any one (1) time. e. Except in the RAC and RR districts, no commercial vehicles shall be parked or stored on the premises associated with the home occupation. 9. Specific standards for Type II home occupations. a. Storage of goods or products shall not exceed ten (10) percent of the finished floor area devoted to the home occupation. b. One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. C. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty (30) percent of the finished floor area of the dwelling unit. 10. Specific standards for Gunsmith as a home occupation. A gunsmith shall be allowed as a home occupation in the RAC and RR districts provided that it meets all specific standards for home occupations outlined above, and shall meet the following additional requirements specific to this use. a. The owner of the lot or parcel must occupy the primary dwelling. b. The gunsmith home occupation is specific to the ownerioperator, should a new ownev:operator wish to operate a gunsmith as a home occupation the process outlined in this section shall be completed regardless of a previous permit. C. A zoning permit shall not be issued for a gunsmith home occupation until the following procedure has been completed: i. The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed gunsmith home occupation and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 1-1021 for no less than fourteen (14) days prior to the expiration of the thirty -day period. ii. If the zoning administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the zoning administrator determines that the proposed gunsmith home occupation otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the gunsmith home occupation. iii. If the zoning administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed gunsmith home occupation is approved by the board of supervisors with a recommendation by the planning commission. 15 J. Kennel, private...... A private kennel shall be located fifty (50) feet from any property zoned other than RAC or RR. K. Manufactured home, Class A...... A manufactured home, Class A may be permanently located on a lot or parcel as permitted by the underlying district, except in planned development manufactured home parks. For the purposes of this section, the following shall apply: 1. The manufactured home is the only residential structure located on the lot or parcel; 2. The manufactured home has a width of nineteen (19) or more feet; 3. The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; 4. The exterior siding consists of materials comparable in composition, appearance, and usability to the exterior siding commonly used in standard residential construction; 5. The manufactured home is constructed on a permanent footing that meets the requirements of the building code. The foundation wall shall be a continuous, masonry foundation, unpierced except for required ventilation and access and shall be installed prior to occupancy; and 6. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. L. Manufactured home, Class B. 1. A manufactured home, Class B may be permanently located on a lot or parcel as permitted by the underlying zoning district, except in planned development manufactured home parks. 2. For the purposes of this section, the following shall apply: a. The manufactured home is the only residential structure located on the lot or parcel. b. The manufactured home is constructed on a permanent footing that meets the requirements of the building code. Skirting may be permitted around the perimeter of the foundation. C. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. M. Manufactured home, family member residence. ..... A manufactured home, Class B, located on the same Iot or parcel as a primary dwelling may be allowed as an accessory use in accordance with the provisions of the underlying zoning district. For the purposes of this section, the following shall apply: 1. The manufactured home shall be occupied solely by a specified family member or members, related to the occupants of the primary residence on the property. a. The owner of the lot or parcel must occupy the primary dwelling. b. A family member manufactured home shall not be permitted prior to the construction and occupancy of the primary dwelling. 16 C. The manufactured home shall be removed not later than ninety (90) days after no longer being occupied by the specified occupants. 2. The minimum lot size for a primary residence with a family member manufactured home shall be one hundred fifty (150) percent of the minimum square footage required by the underlying zoning district. 3. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all family member manufactured homes. 4. Only one (1) family member manufactured home is allowed per parcel. 5. No family member manufactured home shall be allowed on a lot with another manufactured home, Class B. 6. A zoning permit shall not be issued for a family member manufactured homes until the following procedure has been completed: a. The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed family member manufactured home and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty -day period. b. If the zoning administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the zoning administrator determines that the proposed manufactured home otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the zoning administrator may issue a zoning permit for the family member manufactured home. C. If the zoning administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed manufactured home for a family member is approved by the board of supervisors with a recommendation by the planning commission. N. Manufactured home, temporary residence...... A manufactured home, Class B may be allowed as a temporary residence during the construction, repair, or renovation of a permanent residential structure on a single lot or parcel subject to the following: 1. All permits for temporary residences, while repairing a permanent residence shall expire within one (1) year after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the permanent residence. One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the permanent residence. 2. All permits issued for temporary residence while constructing a new replacement residence shall expire within two (2) years after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the replacement residence. One (1) extension not 17 exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the replacement residence. 3. All temporary manufactured homes must be removed at least thirty (30) days after a final certificate of occupancy has been issued. 4. Only one (1) temporary manufactured home is allowed per parcel. O. Multifamily dwelling. 1. Districts permitted. ..... Multifamily apartments are permitted as indicated in the zoning district regulations. The following standards for such apartment uses are intended to supplement, and in some cases, supersede those outlined in the schedule of zone regulations district regulations. 2. Density controls for multifamily apartment development. a. Lot area and dimensions. i. Minimum lot area:..... Fifteen thousand (15,000) square feet. (Note: Multifamily dwellings located on less than three (3) contiguous acres shall obtain a conditional use permit.) ii. Minimum frontage:..... One hundred (100) feet in continuous frontage. iii. Minimum lot depth:..... One hundred (100) feet. iv. Minimum setbacks: Front: Thirty (30) feet. Side: Fifteen (15) feet. Rear: Twenty (20) feet. 3. Buffers and special setback requirements. a. All structures, including accessory structures, shall be located a minimum of seventy (70) feet from the right-of-way of an existing street which abuts or borders the development. An additional twenty -foot setback from existing arterial streets shall be required for any structure which exceeds two (2) stories. b. Building setbacks for lots adjacent to single-family residential districts or property used for single-family dwellings shall be at least fifty (50) feet. No active recreational areas, parking, or refuse containers should be located within this setback area. C. Whenever the principal entrance to a multifamily structure, or the entrance to the individual dwelling units therein, faces on and opens directly onto the side or rear yard portion of a building, the yard width shall not be less than the front yard requirement. No parking shall be permitted within the side or rear yard space required under this provision. d. The rear yard setback may be reduced to twenty (20) feet from service drives, driveway aisles, parking areas, and alleys. e. The minimum distance between multifamily structures shall be fifty (50) feet. 4. Maximum density:..... Fourteen (14) dwelling units per acre. 5. Building coverage:..... The maximum lot coverage for principal and accessory buildings shall be forty (40) percent of the total tract area. 6. Open space: a. A minimum of forty-five (45) percent of the total site area shall be maintained as open space. This required open space shall not be devoted to service driveways, off-street parking, or loading spaces. b. It is further provided that twenty-five (25) percent of the above - referenced open space be suitable for usable recreational space. C. Each such recreational space shall be at least fifty (50) feet in the least dimension with a minimum area of five thousand (5,000) square feet. 7. [Multifamily apartments:] ..... Multifamily apartments shall be provided with central water and public sewerage systems constructed in accordance with county standards and specifications for such systems and be approved by all appropriate agencies. S. [Private streets:] ..... Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. 9. [Parking standards.] ..... Parking standards and aisle widths shall be accordance with article X of this ordinance. 10. Landscaping: ..... For the purpose of landscaping, multifamily dwellings shall be treated as a commercial use type and required to submit a landscaping plan meeting all of the guidelines and specifications of article VIII pertaining to such use types. 11. [Lighting:] ..... Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 12. Site plan approval:..... Site plans shall be required for all multifamily developments in accordance with the provisions of this ordinance. 13. Management of common and open spaces in multifamily and condominium developments: a. All common and open spaces shall be preserved for their intended purpose as expressed on the approved site plan. b. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. C. The management structure shall be established prior to the sale of any property. d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. e. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. f. The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. 14. Architectural treatment: ..... The following architectural treatments shall be incorporated into all multifamily developments: 19 a. Developments shall possess architectural variety but enhance an overall cohesive residential character. This character shall be achieved through the creative use of design elements such as balconies and or/terraces, articulation of doors and windows, varied sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other appurtenances such as lighting fixtures and/or plantings, and where applicable varied placement of front entryways. b. Pedestrian pathways shall be used to link all buildings, greenspaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted. C. Open space areas shall be considered an organizing element of the site plan. Courtyards or greens shall be utilized within the development. In such instances, residential buildings shall front on these open spaces. P. Temporary emergency housing. 1. Intent: These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature. 2. Temporary emergency housing, used under a declared disaster: a. Temporary emergency housing may be placed on property when a disaster has been declared by the board of supervisors, the Governor of the Commonwealth of Virginia, or the President of the United States in accordance with applicable state and federal law. b. A zoning permit shall be obtained before temporary emergency housing can be placed on the property. C. All zoning requirements, including setback requirements, may be waived as determined to be necessary by the zoning administrator. d. The period for temporary placement of such structures shall be no more than twelve (12) months, unless an extension is specifically authorized by the board of supervisors for an additional period of time to be set by the board. e. No action under these provisions shall authorize permanent improvements or establishing a use in violation of this ordinance or any other law. 3. Temporary emergency housing, used during reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other unforeseen and sudden acts of nature: a. The zoning administrator may authorize the emergency use of a temporary emergency housing on a lot, if the building official certifies that the permanent dwelling on the lot is uninhabitable. b. Only one (1) temporary emergency housing unit shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed. C. The temporary emergency housing shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code. 20 d. A one time extension of up to ninety (90) additional days may be granted by the zoning administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. The temporary emergency housing must be removed within thirty (30) days after a final certificate of occupancy has been issued for the reconstructed dwelling. Q. Townhouse. ..... Townhouses are permitted as indicated in zoning district(s) regulation(s). The following standards for townhouse development are intended to supplement, and in some cases, supersede those outlined in the district regulations: 1. Density requirements: a. Minimum parcel area: Fifteen thousand (15,000) square feet. (Note: Townhouse developments located on less than three (3) contiguous acres shall obtain a conditional use permit.) 2. Townhouse developments: a. Each parcel utilized for townhouse development shall have a minimum frontage of at least two hundred (200) feet upon a public street and shall have a minimum depth of not less than two hundred (200) feet. b. The maximum permitted density shall not exceed the density permitted in the zoning district for the total tract area of the townhouse development. C. The total of all building areas shall not exceed forty (40) percent of the gross site acreage of the townhouse development. 3. Townhouse lots: a. The lot width, measured at the building line, for individual townhouse dwelling units shall be no less than twenty (20) feet. b. The lot width of end units of townhouse structures shall be adequate to provide the required side yards. C. There shall be no more than one (1) townhouse dwelling unit on a townhouse lot. d. Individual townhouse lots shall contain no less than one thousand five hundred (1,500) square feet, except that end units shall contain not less than three thousand five hundred (3,500) square feet. 4. Yard requirements: a. Front yards...... The front yard of a townhouse lot which fronts on a public or private street shall be twenty-five (25) feet. b. Side yards...... Side yards shall be required only for end unit lots of a townhouse structure. Under no condition shall a side yard adjacent to a public or private street, or adjacent to the property line of the townhouse development be less than the required minimum front yard. C. Rear yards...... A rear yard of twenty-five (25) feet shall be provided for each townhouse lot. 5. Building coverage:..... The maximum lot coverage for principle and accessory buildings shall be forty (40) percent of the total tract areas. 6. Building requirements and relationship: a. Dwelling units per townhouse structure and length of structure...... No more than eight (8) dwelling units shall be contained in a townhouse 21 structure. The maximum length of any townhouse structure shall not exceed two hundred (200) feet. b. Setback between buildings...... The minimum distance between any two (2) unattached townhouse structures shall be forty (40) feet. The setback shall be increased to sixty (60) feet if the townhouse structures are face to face. The point of measurement shall be the exterior walls of the structures and does not include balconies or other architectural features. In the event that the structures are contained within a townhouse cluster, the above distances may be reduced to twenty-five (25) feet and forty (40) feet, respectively. C. Distance to service areas...... No townhouse structure shall be closer than twenty (20) feet to any interior driveway or closer than fifteen (15) feet to any off-street parking area excluding a garage or parking space intended to serve an individual townhouse unit. 7. [Minimum livable area:] ..... Individual townhouse units shall contain at least nine hundred (900) square feet of livable floor area, exclusive of garages, carports, basements, attics, open porches, patios, or breezeways. 8. Requirements for townhouse cluster: a. All lots within a townhouse cluster shall front on a public way. A public way intended for pedestrian circulation shall have a minimum width of five (5) feet. b. All public ways or other common facilities within a townhouse cluster shall be maintained by the property owners within the townhouse cluster. 9. Utilities—Water and sewage systems: a. Townhouses shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District. b. All utilities shall be located underground. 10. [Private streets:] ..... Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. 11. [Parking standards:] ..... Parking standards and aisle widths shall be in accordance with article X. vehicle parking and landscaping. 12. Open space:..... A minimum of forty (40) percent of the lot, parcel, or tract of land upon which the townhouse development is located shall be maintained in common open space areas. 13. Landscaping:..... For the purpose of landscaping, townhouses shall be treated as a commercial use type and required to submit a landscaping plan meeting all of the guidelines and specifications of article VIII pertaining to such use types. 14. Lighting:..... Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 15. Site plan approval:..... Site plans shall be required for all townhouse developments in accordance with the provisions of this ordinance. 22 16. Management of common and open spaces in townhouses and condominium developments: a. All common and open spaces shall be preserved for their intended purpose as expressed on the site plan. b. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. C. The management structure shall be established prior to the sale of any property. d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. e. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. £ The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. 17. Architectural treatment: ..... The following architectural treatments shall be incorporated into all townhouse developments: a. Townhouse rows of more than six (6) units shall be clustered and employ sufficient variety of setbacks to avoid monotonous facades and bulky masses. The front setback of each townhouse unit shall be varied at least two (2) feet from the adjacent unit; every third unit shall vary at least four (4) feet from the adjacent unit. b. Developments shall possess architectural variety but enhance an overall cohesive residential character. This character shall be achieved through the creative use of design elements such as balconies and or.,"terraces, articulation of doors and windows, varied sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other appurtenances such as lighting fixtures and/or plantings, and where applicable varied placement of front entryways. C. Townhouses may front onto open spaces. In this instance, a private shared driveway in the rear of residential buildings shall be utilized. A minimum of eighty (80) percent front yard soft landscaping shall be planted. Garages shall not protrude beyond the farthest wall of the residential building on the same side. d. In instances where front entryways are placed in the front yard of a townhouse, garages shall not protrude forward beyond the front door of the housing unit. e. Pedestrian pathways shall be used to link all buildings, green spaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted. COUNTY ADMINISTRATOR'S REPORT Teresa Morgan, Interim Director of Budget & Finance, provided an overview of the County's 2nd Quarter Financial Report. Donald T. Robertson, Assistant County Administrator, briefed the Board regarding legislation important to the County during the 2017 General Assembly Session. Mary Beth Johnson, Director of Human Resources, briefed the Board regarding needed amendments to Chapter 1: Personnel, Article XV, Section 15.8 of the County Policy Manual. Supervisor Jefferson moved that the following Resolution be adopted which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE XV, SECTION 15.8 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines for provisions of employee health and safety regarding hazard communication and chemical safety as part of Chapter 1: Personnel, Article XV, Section 15.8 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article XV, Section 15.8 of the County Policy Manual to incorporate current titling of departments and to remove the master chemical inventory, which is a dynamic document requiring frequent changes, from the County policy and house it within the written program; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article XV, Section 15.8 of the County Policy Manual is hereby amended and adopted as follows: Article XV EMPLOYEE SAFETY PROGRAM (Revised September 17, 2015, Revised Februafy 16, 2017) Section 15.8 Hazard Communication & Chemical Safety Program Purpose To ensure that the hazards of all chemicals produced or imported are evaluated, and that information concerning their hazard is transmitted to employees. 24 Policy This written program has been established for Isle of Wight County to comply with the Hazard Communication Standard, 29 CFR 1910.1200. All departments and divisions of the County are included within this program. Copies of this written program will be available for review by any employee in the following locations: • On the Central network drive, in the Policies Folder • Human Resources Department • In Safety Data Sheet Binders Responsibilities A. The Risk Management Coordinator Shall: 1. Develop and maintain the Hazard Communication program 2. Act as a resource for implementation of the program 3. Conduct or coordinate awareness level new employee training for the program 4. Ensure Safety Data Sheet (SDS) files are acquired by departments 5. Inspect the program at least annually B. Department/Agency Heads shall: 1. Ensure departmental compliance with the Hazard Communication program 2. Implement corrective action as required to ensure compliance 3. Review and accept Hazardous Chemical listings for their department. 4. Ensure SDS's are acquired for all chemicals within their department. 5. Ensure outside personnel are notified of the program. 6. Ensure the development of procedures for non -routine tasks. C. Supervisors shall: 1. Ensure employees are informed of the workplace Hazard Communication program. 2. Determine affected employees and ensure job specific training is provided. 3. Assist the Department/Agency Head with the implementation of corrective actions as required to ensure compliance. 4. Develop procedures for non -routine tasks. 5. Conduct annual self -inspections to ensure compliance with this policy. D. Employees shall: 1. Comply with the elements of the policy and program. 2. Seek additional training as necessary to ensure awareness. 3. Wear PPE required when using hazardous chemicals. 4. Advise management of program deficiencies. 5. Assist as necessary with self inspections. 5 To avoid injury and/or property damage, persons who handle chemicals in any area of the County must understand the hazardous properties of the chemicals. Before using a specific chemical, safe handling methods and health hazards must always be reviewed. The basic components of this program include: • Hazardous Chemical Inventory List - listed alphabetically • Safety Data Sheets • Labels and Other Forms of Warning • Employee Information and Training • Non -Routine Tasks • On-site Contractors • General Chemical Safety • Program Review Hazardous Chemical Invento List A list of all known hazardous chemicals (products) used by Isle of Wight County employees is under contained in Appendix A of this written program is maintained by the Risk Management Coordinator in the Master Hazardous Chemical Inventory on the Central computer network. A list of hazardous chemicals used by each department is kept with corresponding safety data sheets in Human Resources, E911, Emergency Services, General Services, Public Works, Utility Services and Parks and Recreation. Hazard Determination All hazardous chemicals in the County are purchased materials; there are no manufactured or intermediate hazardous chemicals. Therefore, Isle of Wight County shall rely on the hazard determination made by the chemical manufacturer as indicated on the SDS. Safety Data Sheets SDS If chemicals not listed in Appendix A the Master Hazardous Chemical Inventory are ordered or purchased, the department making the purchase shall be responsible to obtain the manufacturer's corresponding, properly formatted, safety data sheets and forward them to the Risk Management Coordinator for inclusion in the Master SDS file. The Risk Management Coordinator will review the SDS's for completeness and proper format. Should any SDS be incomplete, the department which made the purchase will immediately send correspondence to the manufacturer requesting the proper information. 26 A complete Master file of SDSs for all hazardous chemicals to which employees of the County may be exposed will be kept in labeled binders in Human Resources, E911, Emergency Services, General Services, Public Works, Utility Services and Parks and Recreation. Departments who use chemicals are responsible to maintain SDSs for all hazardous chemicals used by their departments, in labeled binders. Departmental SDS Binders must be kept in the main office area of the respective department, at each location where their employees report to work and at any other location necessary to make them readily accessible to employees within their work areas during each work shift. SDSs will be available for employees during each work shift. Should SDSs be unavailable, please contact the Risk Management Coordinator immediately. SDSs will be reviewed annually by the Risk Management Coordinator to ensure they remain current. Should there be any SDS that has not been updated within the past year, a new SDS will be requested. After three documented requests of the manufacturer for a required SDS have been unsuccessful, the problem will be reported to the nearest Virginia Occupational Safety and Health (VOSH) office. You can find many SDSs available on-line. Labels and Other Forms of Warning The Hazard Communication Standard requires that hazardous chemicals be labeled by manufacturers. The label must contain the following: • Chemical identity; • Appropriate hazard warnings; and • Name & address of chemical manufacturer, importer, or other responsible party Upon delivery of chemicals, the Department/Agency Head or designee will ensure that chemicals are labeled properly. Any chemicals without proper labeling will not be accepted. When chemicals are transferred from the manufacturer's containers to secondary containers, the Manager or Supervisor of each department shall ensure that the containers are labeled with the identity of the chemicals and appropriate hazard warnings using the Global Harmonized System (GHS) label (i.e. gas — fire hazard, Round -Up — eye warning). The labeling procedure will be reviewed annually by the Risk Management Coordinator and changed as necessary. Employee Information and Training 27 Prior to starting work, new employees of Isle of Wight County will attend a safety orientation program. The Risk Management Coordinator will be responsible for organizing and conducting the initial training. This training will consist of general training covering: • Location and availability of the written Hazard Communication Program; • Location and availability of the List of Chemicals used in the workplace; • Methods and observation used to detect the presence or release of a hazardous chemical in the workplace; • Information contained in SDSs for employees to protect themselves; • Explanation of the chemical labeling system; and • Location and use of SDS Job Specific Training Employees will receive on the job training from their supervisor. This training will cover the following elements relative to the specific chemicals they will be using or will be working around in their work area: 1. The specific physical and health hazard of chemicals in the workplace; 2. Specific control measures for protection from physical or health hazards; 3. Proper use and storage of the chemicals in their workplace; and 4. PPE requirements. Immediate On -the -Spot Training This training will be conducted by supervisors for any employee that requests additional information or exhibits a lack of understanding of the safety requirements. Following each training session, the employee is required to sign and date the training record verifying attendance. Before any new employee can begin work which requires the use of or potential exposure to hazardous chemicals, training as indicated for new employees must be completed. Additional training will be provided with the introduction of each new hazard. Records of the additional training will be maintained. Non -Routine Tasks Non -routine tasks are defined as working on, near, or with unlabeled piping, unlabeled containers of an unknown substance, confined space entry where a hazardous substance may be present and/or a one-time task using a hazardous substance differently than intended (example: using a solvent to remove stains from tile floors). Steps for Non -Routine Tasks: Step 1: Hazard Determination Step 2: Determine Precautions Step 3: Specific Training & Documentation w Step 4: Perform Task The Department Supervisor will evaluate all non -routine tasks before the task commences to determine all hazards present and the necessary precautions needed to either remove the hazard, change to a non -hazard, or protect from the hazard (use of personal protective equipment) to safeguard the employees present. In addition, the Department Supervisor will provide or obtain necessary specific safety training for employees present or affected by the non -routine task and will document the training. Prior to an employee beginning a hazardous non -routine task, he.. she must report to the Department Supervisor to determine the hazards involved and the protective equipment and/or training required. All outside contractors working inside County Facilities are required to follow the requirements of their own Hazard Communication Program. The County will provide the contractors a copy of the Hazard Communication Program when requested. Contractors are responsible for any chemicals they bring to the facility and notifying the appropriate staff of the chemical. General Chemical Safety_ Assume all chemicals are hazardous. The number of hazardous chemicals and the number of reactions between them is so large that prior knowledge of all potential hazards cannot be assumed. Use chemicals in as small quantities as possible to minimize exposure and reduce possible harmful effects. The following general safety rules shall be observed when working with chemicals: • Read and understand the Safety Data Sheets. • Keep the work area clean and orderly. • Use the necessary safety equipment. • Carefully label all secondary containers with the identity of the contents and appropriate hazard warnings (GHS). • Store incompatible chemicals in separate areas. • Substitute less toxic materials whenever possible. • Limit the volume of volatile or flammable material to the minimum needed for short operation periods. • Ensure primary labels are legible and intact. • Provide means of containing the material if equipment or containers should break or spill their contents. Task Evaluation Each task that requires the use of chemicals should be evaluated to determine the potential hazards associated with the work. This hazard evaluation must include the chemical or combination of chemicals that will be used in the work, as well as other materials that will be used near the work. If a 29 malfunction during the operation has the potential to cause serious injury or property damage, a Safe Operational Procedure (SOP) should be prepared and followed. Operations must be planned to minimize the generation of hazardous wastes. Chemical Storage The separation of chemicals (solids or liquids) during storage is necessary to reduce the possibility of unwanted chemical reactions caused by accidental mixing. Use either distance or barriers (e.g., trays) to isolate chemicals into the following groups: • Flammable Liquids: store in approved locations. • Acids: treat as flammable liquids. • Bases: do not store bases with acids or any other material. • Other liquids: ensure other liquids are not incompatible with any other chemical in the same storage location. • Lips, strips, or bars are to be installed across the width of storage shelves to restrain the chemicals in case of earthquake. Chemicals will not be stored in the same refrigerator used for food storage. If a refrigerator is used to store chemicals, a label on the door must appropriately identify refrigerators used for storing chemicals. Emergencies and Spills In case of an emergency, implement the following: • Evacuate people from the area. • Isolate the area. • If the material is flammable, turn off ignition and heat sources. • Only personnel specifically trained in emergency response are permitted to participate in chemical emergency procedures beyond those required to evacuate the area. • Call for emergency assistance if required. Housekeeping 1. Maintain the smallest possible inventory of chemicals to meet immediate needs. 2. Periodically review stock of chemicals on hand. 3. Ensure that storage areas, or equipment containing large quantities of chemicals, are secure from accidental spills. 4. Rinse emptied bottles that contain acids or inflammable solvents before disposal. 5. Do not place hazardous chemicals in salvage or garbage receptacles. 6. Do not pour chemicals onto the ground. 7. Do not dispose of chemicals through the storm drain system. 30 8. Do not dispose of highly toxic, malodorous chemicals down sinks or sewer drains. 9. Periodically purge old chemicals that are no longer needed. Program Review This written Hazard Communication Program will be reviewed by the Risk Management Coordinator annually and updated as necessary. Appendix A ISLE OF WIGHT COUNTY CHEMICAL INVENTORY Chemicals/products used in this organization: Acetone Ammonium Sulfate Regular Athletic Field Marking Paint Dura Stripe White and Colors Austin A-1 Bleach Brite 40:1 Brite RTU Window Cleaner Butacite Cleaner & Conditioner Clorox Regular Bleach Commercial Solutions Pine Sol Brand Cleaner Disinfectant Spray DPD Free Chlorine Reagent DPD Total Chloring Reagent Drive 75 DF Herbicide Embark 2S Plant Growth Regulator GLY-4 GLY-4 Plus GOJO Natural Orange Pumice Hand Cleaner Gordon's MSMA Herbicide Gordon's Professional Turf and Ornamental Products Trimec Classic Brand Broadleaf Herbicide Graffiti -X Green Hydro Clean Green Thumb Wasp & Hornet Killer Formula IV Heinz Pure White Vinegar Hilcolube HP Super Hydrochloric Acid Isopropyl Alcohol Klucel G Lemon Odor Disinfectant Spray Mathe Magnesium Stearate Microcrystalline Wax Mr. Clean All-purpose Cleaner 31 Oatey Purple Primer NSF Oatey Rain -R -Shine PVC Cement Off FamilyCare Insect Repellent IV Unscented with Aloe Vera Orange -Sols Ortho Home Defense Max Perimeter & Indoor Insect Control ORVIS WA Surfactant Paste Palaloid B-72 100% Resin Paper Saver -Bulk Paper Saver -Spray Paraloid B-67 100% Resin Pine Quat 64 Disinfectant Pramitol 25E Pre-lim Surface Cleaner Pro Link Disinfectant Spray Purell Instant Hand Sanitizer Quick Dry Renaissance Wax Polish San -0 128 Self -Indicating (blue) Silica Gel SH/CG4 Heavy Duty Motor Oil 15W-40 Silica Gel Sterile Eyesaline Solution Stihl Bar & Chain Lubricant Sun Skeeter Insect Repellant & Sunscreen Towel Sunscreen Wipes Tannic Acid WD -40 Aerosol Windex Powerized Glass Cleaner (RTU) XO -Rust Enamel Tony Wilson, Director of Public Works, provided a status report on County Welcome Signs on Route 17 and the VDOT staging area at the foot of the James River Bridge. Jeff Terwilliger, Chief of Emergency Services, briefed the Board relative to the 2016 Department of Emergency Services Annual Report with respect to performance and activities of the County's fire and EMS system, advising that fire/EMS crews responded to more than 5,000 emergency calls for service. Judy Winslow, Director of Tourism, briefed the Board relative to the 2016 Annual Report for Smithfield/Isle of Wight Convention and Visitors Bureau. County Administrator Keaton highlighted matters for the Board's information contained in the agenda. 3? UNFINISHEDIOLD BUSINESS Application of Preston and Valerie Artis, owners, for conditional zoning of 0.25 acres of land, part of a 12.6 acre parcel located at 18442 Muddy Cross Drive in the Windsor Election District to change the zoning classification from Rural Agricultural Conservation to Conditional Limited Commercial (C -LC) and amend the permitted uses on the property. Richard Rudnicki, Assistant Director of Planning and Zoning, relayed staff's recommendation and Supervisor McCarty moved that the application be returned to the Planning Commission with direction to the applicant to revise the application to a Conditional Use Permit and pay any difference in fees and that any code enforcement be withheld until the completion of the CUP which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS Mr. Wilson briefed the Board relative to damage incurred to a septic system during a dumpster delivery by Bay Disposal. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711 (A)(1) of the Code of Virginia concerning discussion regarding the performance of a specific County employee. Supervisor McCarty moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that the Board return to open meeting. which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Acree 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, 33 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: Acree, Alphin, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ADJOURNMENT At 10:50 p.m., the meeting was adjourned by the Chairman. A4M q�f �� 122 a2Z_ Car y Mi s St", Clerk 34 Zv 4! � Rex W. Alphin, Chairman