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06-15-2017 Regular MeetingREGULAR 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 FIFTHTEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND SEVENTEEN PRESENT: Rex W. Alphin, Chairman, Carrsville District William M. McCarty, Vice -Chairman, Newport District Rudolph Jefferson, Hardy District (Arrived at 5:15 p.m.) Joel C. Acree, Windsor District (Arrived at 5:15 p.m.) Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman Alphin called the regular Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA/AMENDMENTS Upon motion of Supervisor Grice, all those present voting in favor, and Supervisors Jefferson and McCarty absent, the agenda was approved (3-0) with the following amendments: Under the Consent Agenda, the addition of a Resolution to Accept and Appropriate Technology Trust Funds to Automate Land Records and Provide Secure Remote Access to Land Records; under New Business, the addition of an Amendment to the FY2017-18 Animal Control Division's Personnel Summary to Authorize an Additional Full-time Position of Chief Animal Control Officer; and, under New Business, a discussion concerning the Isle of Wight Ruritan Club and its desire to hook onto the County's water system. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Popovich: 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)(6) regarding a discussing and consideration of the investment of public funds where competition or bargaining is involved or the interest of the governmental unit would be adversely affected in regards to Franklin Lumber. Upon motion of Supervisor Acree, all those present voting in favor and Supervisors Jefferson and McCarty absent, the Board entered the closed meeting for the reasons stated by County Attorney Popovich. 1 Supervisor Jefferson and McCarty arrived at the meeting at 5:15 p.m. Upon motion of Supervisor Jefferson and all voting in favor, the Board reconvened into open meeting. Upon motion of Supervisor Acree the following Resolution was 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 McCarty delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS No one appeared and spoke. CONSENTAGENDA Upon motion of Supervisor Grice, all those present voting in favor, the following Consent Agenda was approved as presented: 2 A. Resolution to Accept and Appropriate Funding from Senior Services of Southeastern Virginia ($200) B. Resolution to Accept and Appropriate Technology Trust Funds to Automate Land Records and Provide Secure Remote Access to Land Records ($11,832) C. Resolution to Accept and Appropriate Disaster Assistance Funds from the Federal Emergency Management Agency for Hurricane Matthew Damages ($29,391) D. Resolution to Accept and Appropriate Funding from VaCorp Risk Management for Repairs to Sheriff's Department Vehicles ($14,300) E. Resolution to Designate July 2017 as Park and Recreation Month F. Resolution of Appreciation for Robert D. Harris G. Amendment to the Performance Agreement with Keurig Green Mountain (KGM) Dated 1/20/2012 H. Resolution to Accept and Appropriate Technology Trust Funds to Automate Land Records and Provide Secure Remote Access to Land Records I. April 17, 2017 Work Session and April 20, 2017 Regular Meeting Minutes Due to the high volume of accidents involving Sheriff's vehicles, County Administrator Keaton was requested to provide a report to the Board outlining the type of accidents being incurred by those vehicles. REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Acree reported on topics discussed at the most recent meeting of the Windsor Intergovernmental Relations Committee involving the sewer system owned by the County and located in the Town of Windsor; a proposed agreement between the Town/County for sewer services on Lovers Lane; Route 460; that the Town had updated its Comprehensive Plan last year; that the Board include the Windsor Mayor/Town Manager in closed meeting discussions on the County's Intermodal Park on Route 460; and, a need for expansion of the library located in the Town of Windsor. Chairman Alphin advised that the Town also briefed the Board on the safety study being conducted by VDOT on Route 460 with respect to interference with existing businesses located on Route 460. Supervisor Acree, a member of the VACo Steering Committee, advised that the Committee had received a report from the Department of Rail & Public Transportation Task Force; were notified that there is a shortfall in funding of secondary roads; that there is a need for an increase in the gas tax; and, that the Taxi Cab Association had expressed its concern with Uber. 3 Supervisor Grice reported that the need for regional focus on new job growth was discussed at the most recent meeting of the Hampton Roads Economic Development Alliance. APPOINTMENTS Upon motion of Chairman Alphin, all those present voting in favor, Jo Ann Jones was appointed to fill the unexpired term of Zenobia Williams representing the Carrsville District on the Commission on Aging. Upon motion of Supervisor Acree, all those present voting in favor, Valerie Massey was appointed to the Community Policy & Management Team, replacing Anne Edwards, as the parent representative on the Community Policy & Management Team. Upon motion of Supervisor McCarty, all those present voting in favor, Chairman Alphin was appointed to serve on the Rail & Public Transportation Task Force. SPECIAL PRESENTATIONS Upon motion of Supervisor McCarty, all those present voting in favor, the following Resolution was adopted and presented to Benjamin Vaughan: RESOLUTION TO RECOGNIZE BENJAMIN A. "BENNY" VAUGHAN WHEREAS, Mr. Benjamin A. "Benny" Vaughan began his employment with Isle of Wight Academy (IWA) in 1970 and during his career has served as a Teacher, Guidance Director, Coach, and Athletic Director; and, WHEREAS, since 1990, Mr. Vaughan also been the Headmaster of IWA; and, WHEREAS, under his leadership, IWA's enrollment nearly tripled and its educational offerings grew exponentially; and, WHEREAS, for the past 25 years, Mr. Vaughan has served as the Executive Director of the Virginia Independent Schools Association and as a Board member of the Virginia Council for Private Education; and, WHEREAS, in addition to his other accomplishments, Mr. Vaughan distinguished himself as one of the most prolific basketball coaches in the State by garnering 628 wins, making him only the second private school coach in the Commonwealth of Virginia whose teams had won over 600 games; and, WHEREAS, Mr. Vaughan has positively touched the lives of educators and students and improved the quality of life of countless individuals over a career spanning nearly a half century; and, WHEREAS, Mr. Vaughan has announced his retirement as Headmaster of IWA. 4 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and congratulates Benjamin A. "Benny" Vaughan for outstanding achievement and a distinguished career in education. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Benjamin A. "Benny" Vaughan its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this fifteenth day of June, 2017. Upon motion of Supervisor McCarty, all those present voting in favor, the following Resolution was adopted and presented to Joseph Lomax: RESOLUTION TO RECOGNIZE THE SERVICE OF JOSEPH E. LOMAX, II WHEREAS, Joseph E. Lomax, II served in the Franklin Residency of the Virginia Department of Transportation and as the Residency Administrator directly responsible for transportation projects in Isle of Wight County; and, WHEREAS, Mr. Lomax has represented the interests of the citizens in Isle of Wight County relative to road construction and maintenance, project administration, and safety evaluation in an exemplary manner; and, WHEREAS, in May 2017, Mr. Lomax was promoted to the position of Interstate Maintenance Office Manager with the Virginia Department of Transportation and will no longer serve Isle of Wight County directly; and, WHEREAS, the efforts of Mr. Lomax had a demonstrably positive impact on the quality of life of the citizens of Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates the distinguished service and professionalism of Mr. Joseph E. Lomax, II. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Joseph E. Lomax, II its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this fifteenth day of June 2017. Sarah McCoy, representative from the Port of Virginia, provided a briefing on the status of the ports. Jimmy Sanderson, Davenport & Company, briefed the Board regarding the recommendation to pursue the refunding of County bonds which will result in significant debt service savings to the County. The Board was advised that a formal resolution authorizing such a refunding will be presented for considering following direction from the Board on whether it wishes to proceed in this regard. The consensus of the Board was to proceed in this regard with potential action to be taken by the Board at its July meeting if appropriate at that time. 5 COUNTY ATTORNEY'S REPORT County attorney Popovich confirmed that the County's formal appeal on the 2012 M&T tax year involving the International Paper case has been submitted to the Virginia Supreme Court and has been served upon International Paper's counsel today, leaving International Paper 21 days to respond. PUBLIC HEARINGS Chairman Alphin opened the public hearing on the following and called for persons to speak in favor of or in opposition to: An Ordinance to Amend and Reenact Chapter 7, Fire Prevention, Article II, Fireworks, Section 7-2, Sale, etc., of Certain Fireworks Unlawful County Attorney Popovich represented the amendments as proposed. No citizens appeared and spoke. Upon motion of Supervisor McCarty, all those present voting in favor, the following Ordinance was adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 7. FIRE PREVENTION. ARTICLE 11. FIREWORKS. SECTION 7-2. — SALE, ETC., OF CERTAIN FIREWORKS UNLAWFUL WHEREAS, the Board of Supervisors adopted an ordinance to restrict the sale of certain fireworks and to issue firework permits on October 2, 2008; and WHEREAS, the Board of Supervisors now wishes to make a minor modification to said ordinance by allowing the fire code official the authority to issue firework display permits upon the presentation of not just a bond, but also, in lieu thereof as outlined in the Statewide Fire Prevention Code, the presentment of a certificate of insurance naming Isle of Wight County as an additional insured; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 7, Fire Prevention, Article II, Fireworks, Section 7-2, Sale, etc., of certain fireworks unlawful be amended and reenacted as follows: Sec. 7-2. - Sale, etc., of certain fireworks unlawful. (a) Except as otherwise provided in this chapter, it shall be unlawful for any person to transport, manufacture, store, sell, offer for sale, expose for sale, or to buy, use, ignite or explode any firecracker, torpedo, skyrocket, or other substance or thing, of whatever form or construction, that contains any explosive or flammable compound or substance, and is intended, or commonly known, as fireworks and which explodes, rises into the air or travels laterally, or fires projectiles into the air, other than those permissible fireworks described in subsection (b) below. C:l (b) This section shall not apply to the use or sale of permissible fireworks. For purposes of this section, "permissible fireworks" means any sparklers, fountains, Pharaoh's serpents, caps for pistols, or pinwheels commonly known as whirligigs or spinning jennies. (c) Notwithstanding subsection (b) above, no person may use, ignite or exploded permissible fireworks unless on private property with the consent of the owner of such property. (d) This section shall have no applicability to any officer or member of the armed forces of this Commonwealth, or of the United States, while acting within the scope of his authority and duties as such, nor to any offer of sale or sale of fireworks to any authorized agent of such armed forces; nor shall it be applicable to the sale or use of materials or equipment, otherwise prohibited by this section, when such materials or equipment is used or to be used by any person for signaling or other emergency use in the operation of any boat, railroad train or other vehicle for the transportation of persons or property. (e) The fire code official or his designee may, upon special public occasions, issue permits for the display of fireworks by fair associations, amusement parks, or by any organization or group of individuals, under the minimum terms and conditions set forth in the Virginia Statewide Fire Prevention Code. The issuance of such a permit shall not be made unless and until the applicant provides for and enters into a bond or furnish a certificate of insurance, in principle sum of not less than $500,000 for the purpose of paying for all damages to any person or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The terms and conditions of such a permit shall be as prescribed by the fire code official or his designee and no person shall violate the same. (10-2-08.) For state law as to authority of the county to restrict certain sales of fireworks and to issue firework permits, see Code of Va., §§ 27-94 et seq. and 15.2-974. Chairman Alphin opened the public hearing on the following and called for persons to speak in favor of or in opposition to: Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Article IV of Appendix B-1, Chesapeake Bay Preservation Area Ordinance Richard Rudnick!, Assistant Director of Planning & Zoning, represented the amendments as proposed. No citizens appeared and spoke. Upon motion of Supervisor McCarty, all those present voting in favor, the following Ordinance was adopted: 7 An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B-1, Chesapeake Bay Preservation Area Ordinance: Article IV, Performance Standards and Development Criteria; Section 4002, Performance Standards in Resource Protection Areas, and Section 4003, Water Quality Impact Assessment; in order to provide for an administrative review process for principal structures and necessary utilities on lots created before October 1, 1989 as well as for lots recorded between October 1, 1989, and March 1, 2002, as permitted by state regulations 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 Article IV of Appendix B-1 of the Isle of Wight County Code be amended and reenacted as follows: APPENDIX B-1. - CHESAPEAKE BAY PRESERVATION AREA ORDINANCE. Article 4. - Performance Standards and Development Criteria. Sec. 4000. - General performance standards. (a) Purpose and intent...... The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Keeping impervious cover to a minimum enhances rainwater infiltration and effectively reduces stormwater runoff potential. The purpose and intent of these requirements is also to implement the following objectives: 1. Prevent a net increase in nonpoint source pollution from new development; 2. Achieve a ten -percent reduction in nonpoint source pollution from redevelopment; and 3. Achieve a forty -percent reduction in nonpoint source pollution from agricultural uses. (b) General performance standards for development and redevelopment in the Chesapeake Bay Preservation Area. 1. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 8 a. In accordance with an approved plan of development, the limits of clearing or grading shall be strictly defined by the construction footprint. The zoning administrator shall review and approve the construction footprint through the plan of development process. These limits shall be clearly shown on submitted plans and physically marked in the development site. b. Ingress and egress during construction shall be limited to one (1) access point, unless otherwise approved by the zoning administrator. 2. Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook. a. Existing trees over eight (S) inches diameter at breast height (DBH) shall be preserved outside the approved construction footprint in accordance with the same standards established in subsection 4002(b)1. b. Site clearing for construction activities shall be allowed as approved by the zoning administrator through the plan of development review process outlined under section 5000 of this ordinance. C. Prior to clearing and grading, suitable protective barriers, like safety fencing, shall be erected five (5) feet outside the dripline of any tree or stand of trees to be preserved. Protective barriers shall remain throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 3. Development on slopes greater than fifteen (15) percent shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability. 4. Land development shall minimize impervious cover consistent with the proposed use or development. Impervious coverage on any lot or parcel shall be limited to the lot coverage permitted under the zoning district requirements of said lot or parcel, but in no case shall exceed sixty percent (60%) of the total site. 5. Notwithstanding any other provisions of this ordinance or exceptions or exemptions thereto, any land disturbing activity exceeding two thousand five hundred (2,500) square feet, including construction of all single-family houses, septic tanks and drainfields, but otherwise as defined in Section 62.1-44.15:51 of the Code of Virginia, shall comply with the requirements of the erosion and sediment control ordinance, Chapter 6 of the County Code. Enforcement for noncompliance with the erosion and sediment control requirements referenced in this criterion shall be conducted under the provisions of the Erosion and Sediment Control Law and attendant regulations. 6. All development and redevelopment within RMAs and RPAs that exceeds two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of section 5000 of this ordinance; or a subdivision plan in accordance with the subdivision ordinance; or a water quality impact assessment in accordance with section 4003 of this ordinance. 7. All on-site sewage disposal systems not requiring a Virginia Pollution Discharge Elimination System (VPDES) permit shall be pumped out at least once every five (5) years. As an alternative to the pump -out every five (5) years, there shall be the option of having a septic effluent filter installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Such a filter should satisfy standards established in the Sewage Handling 9 and Disposal Regulations (12 VAC 5-610) administered by the Department of Health. Furthermore, in lieu of requiring proof of septic tank pump -out every five (5) years, there shall be the option to submit documentation every five (5) years, certified by an operator or on-site soil evaluator licensed or certified under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain or design on-site sewage systems, that the septic system has been inspected, is functioning properly, and that the tank does not need to have the effluent pumped out. 8. A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the Isle of Wight County Health Code. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, when a reserve sewage disposal site is not available, as determined by the local health department. Building or the construction of any impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the state water control board, until the structure is served by public sewer. 9. For any use or development exceeding two thousand five hundred (2,500) square feet of development within Isle of Wight County's Chesapeake Bay Preservation Area, stormwater runoff shall be controlled by the use of best management practices consistent with requirements of Section 9 VAC 25-870-51 and 9 VAC 25-870-103 of the Virginia Stormwater Management Regulations and Chapter 14A of Isle of Wight County's Stormwater Management Ordinance. 10. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permit required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the zoning administrator, in accordance with section 5000, of this ordinance. 11. Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessments shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this ordinance. (8- 21-06; 5-15-08; 3-20-14; 4-16-15.) 10 Sec. 4001. - Development criteria for resource protection areas. a. land development in resource protection areas may be allowed in accordance with other county ordinances only when permitted by the zoning administrator and if it: i. Is water -dependent; or ii. Constitutes redevelopment; iii. Is a new use subject to the provisions of subsection 4002(b)2. of this ordinance; iv. Is a road or driveway crossing satisfying the conditions set forth in subsection 4001.a.3. below; or V. Is a flood control or stormwater management facility that drains or treats water from multiple development projects or from a significant portion of a watershed provided such facilities are allowed and constructed in accordance with the Virginia Stormwater Management Act and its attendant regulations, and provided that i) the local government has conclusively established that the location of the facility within the resource protection area is the optimum location; ii} the size of the facility is the minimum necessary to provide for flood control, stormwater management, or both; iii} the facility must be consistent with a stormwater management program that has been approved by the board as a phase 1 modification to the local government's program; iv) all applicable permits for construction in state or federal waters must be obtained from the appropriate state or federal agencies; vj approval must be received from the local government prior to construction; and vi) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this subsection to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area. 1. A new or expanded water -dependent facility may be allowed provided that the following criteria are met: a. It does not conflict with the comprehensive plan; b. It complies with the performance criteria set forth in sections 4001 and 4002 of this ordinance; C. Any non -water -dependent component is located outside of the RPA; and d. Access to the water -dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided. 2. Redevelopment on isolated redevelopment sites shall be permitted only if there is not an increase in the amount of impervious cover, and no further encroachment occurs within the RPA, and it shall conform to applicable erosion and sediment control requirements of Chapter 6 of the County Code and the stormwater management requirements of Chapter 14A of the County Code. For purposes of this section, in redeveloping a site, the encroachment of a proposed building or structure shall be based on the location of existing buildings or structures, or the locations of legally established historical buildings or structures, or parking and other impervious cover located on the site. 3. Roads and driveways not exempt under section 3002 and which, therefore, must comply with the provisions of this ordinance, may be constructed in or across RPAs if each of the following conditions are met: a. The zoning administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA; it b. The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality; C. The design and construction of the road or driveway satisfies all applicable criteria of this ordinance; d. The zoning administrator reviews the plan for the road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under section 5000 or subdivision plan. b. A water quality impact assessment as outlined in section 4003 of this ordinance shall be required for any proposed land disturbance, development or redevelopment within resource protection areas. (8-21-06; Ord. No. 2012-12-C, 10-18-12; 4-16-15.) Sec. 4002. - Performance standards in resource protection areas. (a) Purpose and intent...... To minimize the adverse effects of human activities on the other components of Resource Protection Areas (RPA), state waters, and aquatic life, a one hundred -foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body with perennial flow. The one hundred -foot full buffer area shall be designated as the landward component of the Resource Protection Area, in accordance with section 3000 and section 5000 of this ordinance. Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in section 4001 and this section, the one hundred - foot buffer area is not reduced in width. The one hundred -foot buffer area shall be deemed to achieve a seventy -five - percent reduction of sediments and a forty -percent reduction of nutrients. (b) General performance standards for development and redevelopment. 1. Permitted modifications to the buffer area. Note: Please refer to the Riparian Buffer Guidance Manual prepared by the Virginia Chesapeake Bay Local Assistance Board for additional information and guidance on the modifications to the buffer area permitted below. a. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the zoning administrator who may require a plan of development in accordance with section 5000, to provide for reasonable sight lines, access paths, and general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: i. Trees may be pruned or removed as necessary to provide for reasonable sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. ii. Any path shall be constructed and surfaced so as to effectively control erosion. iii. Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu and multiflora rose) may be removed and thinning of trees allowed as permitted by the zoning administrator pursuant to sound horticultural practices. iv. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation 12 established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. 2. Permitted encroachments into the buffer area. a. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, encroachments into the buffer area may be allowed through an administrative process, in accordance with sections 4003 and_ 5000 and the following criteria: L Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; ii. Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and iii. The encroachment may not extend into the seaward fifty (50) feet of the buffer area. b. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989, and March 1, 2002, encroachments into the buffer area may be allowed through an administrative process in accordance with sections 4003 and 5000 and the following criteria: i. The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations; ii. Conditions or mitigation measures imposed through a previously approved exception shall be met; iii. If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated at the expense of the owner to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required; and iv. The criteria in subsection 2.a. above for lots recorded prior to October 1, 1989 shall be met. 3. Establishment of the required buffer. a. Where a buffer has been reduced or does not exist, a landscaping plan pursuant to subsection 5000(c) shall be submitted and approved prior to issuance of any zoning or building permit. The landscaping plan shall be implemented in full or surety provided to the county pursuant to subsection 5000(f)2. prior to issuance of a certificate of occupancy. b. In determining and approving an appropriate buffer, the zoning administrator shall take into consideration adequate space around existing structures and other factors unique to the site. C. In determining the need for establishing the required buffer, staff may rely on the latest aerial photographs, actual site visits, and other appropriate resources available. d. This subsection shall not apply to the conversion from agricultural or silvicultural uses, which shall be governed by subsection 4002(b)5. 4. On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds from invading the buffer area agricultural activities may encroach into the buffer area as follows: 13 a. Agricultural activities may encroach into the landward fifty (50) feet of the one hundred -foot wide buffer area when at least one (1) agricultural best management practice, which, in the opinion of the Peanut Soil and Water Conservation District, addresses the more predominant water quality issue on the adjacent land — erosion control or nutrient management — is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one hundred -foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. b. Agricultural activities may encroach within the landward seventy-five (75) feet of the one hundred -foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T", as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the one hundred -foot wide buffer area. C. The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural land has in place at least one (1) best management practice as considered by the Peanut Soil and Water Conservation District to address the more predominant water quality issue on the adjacent land --- either erosion control or nutrient management. d. If specific problems are identified pertaining to agricultural activities which are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the zoning administrator, in cooperation with soil and water conservation district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal conditions so that the probability for successfully implementing the corrective measures is greatest. e. In cases where the landowner or his agent or operator has refused assistance from the soils and water conservation district in complying with or documenting compliance with the agricultural requirements of this ordinance, the district shall report the noncompliance to the zoning administrator. The zoning administrator shall require the landowner to correct the problems within a specified period of time not to exceed eighteen (18) months from the initial notification of the deficiencies to the landowner. The zoning administrator, in cooperation with the district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that 14 schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal conditions so that the probability for successfully implementing the corrective measures is greatest. 3. When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full one hundred -foot wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established. 4. Prior to any land disturbing activities or any development of a lot or parcel, a permanent sign shall be installed by the owner or developer identifying the landward limits of the RPA. Such signs shall conform to general guidelines established by the zoning administrator and approved by the board of supervisors as to size, design, color, material, location and content and shall be installed and maintained at the expense of the owner or developer in accordance with those guidelines. Signs may be obtained from the county, at cost, or may be provided by the developer. (8-21-06; 4-16-15.) Sec. 4003. - Water quality impact assessment. a. Purpose and intent. ..... The purpose of the water quality impact assessment is to: i) identify the impacts of proposed land disturbance, development or redevelopment on water quality and lands in RPAs and other environmentally sensitive lands; ii) ensure that, where land disturbance, development or redevelopment does take place within RPAs and other sensitive lands, it will occur on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands; iii) protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high groundwater, erosion, or vulnerability to flood and storm damage; iv) provide for administrative relief from terms of this ordinance when warranted and in accordance with the requirements contained herein; and v) specify mitigation which will address water quality protection. There shall be two levels of water quality impact assessments: a minor assessment and a major assessment. b. Applicability...... A water quality impact assessment shall be required for any development or rezoning in the Chesapeake Bay Preservation Area which: i. Will disturb any portion of the one -hundred -foot buffer area of an RPA, or any component identified in subsection 3000(b)1.; ii. Contains ten (10) acres or more for any use, other than development of single-family detached residential lots; iii. Contains twenty-five (25) acres or more for the development of single- family detached residential lots; or iv. Any other development that may warrant such assessment due to unique characteristics of the site or intensity of the proposed use or development, as may be required by the zoning administrator. C. Contents of the minor water quality impact assessment: A minor assessment shall be required for circumstances described under section 4002 (b) (2.a.) and (2.b.): The information required below shall be considered a minimum, unless the zoning administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land: The minor water quality impact assessment shall be provided on forms available through the zoning administrator, consistent with the requirements of 15 this ordinance, and may be approved by the zoning administrator. The assessment shall include a site drawing to scale which shows the following: (1) Location of the components of the RPA, including the 100 foot buffer areas; (2) Location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; location of any structures, drives, other impervious cover; and sewage disposal systems or reserve drain field sites; (3) Type and location of proposed best management practices to mitigate the proposed encroachment, if required; (4) Location of existing vegetation and re -vegetated areas as shown on the site drawing. d. Contents of the major water quality impact assessment: The information required below shall be considered a minimum, unless the zoning administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land: 1. A site plan, which shall at minimum, contain the following: a. Location of the components of the resource protection area, including the one -hundred -foot buffer area delineated in accordance with section 3001; b. Location and nature of the proposed encroachment into the buffer area, including type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites; C. Type and location of proposed best management practices to mitigate the proposed encroachment; d. Location of existing vegetation on site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification; e. Re -vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control. 2. A hydrogeological element that: a. Describes the existing topography, soils, and hydrology of the site and adjacent lands. b. Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands. C. Indicates the following: i. Disturbance or removal of wetlands and justification for such action; ii. Disruptions or reductions in the supply of water to wetland, streams, lakes, rivers, or other water bodies; iii. Disruptions to existing hydrology including wetland and stream circulation patterns; iv. Source location of description of proposed fill material; V. Location of dredging and location of dumping area for such dredged material; vi. Estimation of pre- and post -development pollutant loads in runoff; vii. Estimation of percent increase in impervious surface on site, type(s) of surfacing material used; viii. Percent of site to be cleared for project; ix. Anticipated duration and phasing schedule of construction project; 16 X. Listing of all requisite permits from all applicable agencies necessary to develop project. d. Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigative measures include: i. Additional proposed erosion and sediment control concepts beyond those normally required under subsection 4000(b)5. of this ordinance; these additional concepts may include the following: minimizing the extent of cleared area; perimeter controls; reduction of runoff velocities; measures to stabilize disturbed areas; schedule and personnel for site inspection. ii. When required, proposed stormwater management system for nonpoint source quality and quantity control in compliance with Chapter 14A of Isle of Wight County's stormwater Management Ordinance. 3. A vegetative element that: a. Identifies and delineates the location of all woody plant material on site, including all trees on site eight (8) inches or greater diameter at breast height or, where there are groups of trees, said stands may be outlined. b. Describes the impacts the development or use will have on the existing vegetation. Information should include: i. General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities; ii. Clear delineation of all trees and other woody vegetation which will be removed; iii. Description of all plant species to be disturbed or removed. C. Describes the proposed measures for mitigation. Possible mitigation measures include: i. Proposed design plan and replanting schedule for trees and other woody vegetation removed for construction, including a list of proposed plants and trees to be used; ii. Demonstration that the re -vegetation plan supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control; iii. Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overload flow benefits from such vegetation; iv. Demonstration that indigenous plants are to be used to greatest extent possible. 4. In the case of a WQIA for shoreline and bank stabilization projects, the following items shall be required: a. Completion of the shoreline erosion control water quality impact assessment form, as provided by the zoning administrator and kept on file with the department of planning and zoning; b. An environmental assessment as follows: L The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance; ii. Wetlands delineations shall be performed consistent with the procedures specified in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987," and updates as they become available; 17 iii. The environmental assessment shall delineate the geographic extent of the resource protection area on the specific site or parcel as required under section 3001 of this ordinance; iv. The environmental assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat; C. A landscaping plan in accordance with subsection 5000(c), except that the plans may be submitted by any qualified professional, including shoreline contractors and nursery professionals; d. A stormwater management plan in accordance with Chapter 14A of the Isle of Wight County Code, as required by state code Section 62.1-44.15:55; e. An erosion and sediment control plan in accordance with Chapter 6 of the Isle of Wight County Code; f. Project construction plans shall be certified as complete and accurate by a professional shoreline engineer or other qualified professional, as determined by the zoning administrator, as well as a determination as to the necessity of the project. 5. For phased projects, an updated WQIA shall be provided for each phase to the county planning and zoning department demonstrating the project's compliance with the criteria of the original WQIA. An updated WQIA shall be required until all phases of the project are complete. d. Submission, review requirements, and evaluation procedure. 1. Ten (10) copies of all site drawings and other applicable information as required by subsection c. above shall be submitted to the zoning administrator for review. 2. All information required in this section shall be certified as complete and accurate by a professional engineer or certified land surveyor qualified to prepare such information. 3. Upon receipt of a water quality impact assessment, the zoning administrator will determine if review by DEQ or any other state agency is warranted. The zoning administrator will incorporate any comments received from such a review into the final report, provided that such comments are received within ninety (90) days of the request. 4. Upon receipt of a completed water quality impact assessment and receipt of all appropriate comments, the zoning administrator shall forward the information to the planning commission for consideration. For shoreline and bank stabilization projects and piers, as well as for circumstances described under section 4002 (b) (2.a.) and (2.b.), consistent with the provisions of this ordinance, the zoning administrator may grant administrative approval of the water quality impact assessment 5. The planning commission will determine whether or not the proposed development is consistent with the spirit and intent of this ordinance and make a recommendation to the board of supervisors based upon the following criteria: a. Within any RPA, the proposed development is water -dependent or redevelopment; b. The percentage of existing wetlands disturbed by the development. The number of square feet or acres to be disturbed; C. The development will not result in significant disruption of the hydrology of the site; d. The development will not result in unnecessary destruction of plant materials on site; e. Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation; f. Proposed stormwater management concepts are adequate to control the stormwater runoff for compliance with Chapter 14A of the Isle of Wight County Code; g. Proposed re -vegetation of disturbed areas will provide optimum erosion and sediment control benefits, as well as runoff control and pollutant removal equivalent of the full one -hundred -foot undisturbed buffer area; h. The design and location of any proposed drain field will be in accordance with the requirements of section 4000. 6. The planning commission shall recommend additional mitigation where potential impacts have not been adequately addressed, subject to final approval or modification by the board of supervisors. Evaluation of mitigation measures will be made by the planning commission based on the criteria listed above and in subsection 5. 7. The planning commission shall find the proposal to be inconsistent with the purpose and intent of this ordinance when the impacts created by the proposal cannot be mitigated, subject to final approval by the board of supervisors. Evaluation of the impacts will be made by the planning commission based on the criteria listed in subsection 5. (8-21-06; Ord. No. 2012-12-C, 10-18-12; 4-16-15.) JIM Article 5. - Administrative Procedures and Enforcement. Sec. 5000. - Plan of development process. Any development, or any redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be accomplished through a plan of development process prior to any development preparation activities onsite, such as clearing or grading of the site and the issuance of any building permit, to assure compliance of all applicable requirements of this ordinance. Modifications to the required buffer may require a plan of development, as determined by the zoning administrator. (a) Required information...... In addition to the requirements of County Zoning Ordinance or the requirements of the County Subdivision Ordinance, the plan of development process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the zoning administrator. The zoning administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development. The following plans or studies shall be submitted, unless otherwise provided for: 1. A plot plan or site plan in accordance with the provisions of County Zoning Ordinance or subdivision plat in accordance with the provisions of the County Subdivision Ordinance; 2. An environmental site assessment; 3. A landscaping plan; 4. A stormwater management plan in accordance with Chapter 14A of the County Code; 5. An erosion and sediment control plan in accordance with the provisions of Chapter 6 of the County Code. (b) Environmental site assessment...... An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval. 1. The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance. 2. Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, as may be amended. 3. The environmental site assessment shall delineate the geographic extent of the Resource Protection Area on the specific site or parcel as required under section 3001 of this ordinance; 4. The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor. This requirement may be waived by the zoning administrator when the proposed use or development will be clearly located outside of an RPA, based upon an evaluation of the zoning administrator. (c) Landscape plan...... A landscape plan shall be submitted in conjunction with site plan review and approval or as part of subdivision plat approval. No clearing or grading of any lot or parcel will be permitted without an approved landscape plan. 20 Landscape plans shall be prepared and/or certified by a design professional practicing within their areas of competence as prescribed by the Code of Virginia. 1. Contents of the plan. a. The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site eight (S) inches or greater diameter at breast height (DBH) shall be shown on the landscaping plan, or where there are groups of trees, said stands may be outlined instead. The specific number of trees eight (S) inches or greater DBH to be preserved outside of the building envelope shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create the desired construction footprint shall be clearly delineated on the landscaping plan. b. Any required RPA buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this ordinance, shall be shown on the landscaping plan. C. Within the buffer area, trees and other woody vegetation to be removed for reasonable sight lines, vistas, access paths, and best management practices, as provided for in subsection 4002(b)1.a., shall be shown on the plan. Vegetation required by this ordinance to replace any existing trees within the buffer area shall be also be depicted on the landscape plan. d. Trees and other woody vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this ordinance shall be shown on the landscape plan. e. The plan shall depict grade changes or other work adjacent to trees that would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved. f. The landscape plan will include specifications for the protection of existing trees and other vegetation during clearing, grading, and all phases of construction. g. If the proposed development is a change in use from agricultural or silvilcultural to some other use, the plan must demonstrate the re-establishment of vegetation in the buffer area. 2. Plant specifications. a. All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed according to standard planting practices and procedures. b. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen. C. Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation shall be achieved with a ratio of three (3) planted trees to each tree removed in accordance with good woodlot management. Replacement trees shall be two (2) inches DBH at the time of planting. d. Use of native or indigenous species is strongly encouraged. 3. Maintenance. a. The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this ordinance. b. In buffer areas and areas outside the construction footprint, plant material shall be tended and maintained in a healthy growing condition and free from 21 refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this ordinance. (d) Stormwater management plan...... A stormwater management plan shall be submitted as part of the plan of development process required by this ordinance and in conjunction with site plan or subdivision plan approval in accordance with the provisions of Chapter 14A of the County Code. 1. For phased projects, an updated stormwater management plan shall be provided for each phase to the county planning and zoning department demonstrating the project's stormwater management facilities are still meeting the pollutant removal standards of the original WQIA. Updated stormwater management plans shall be required until all phases of the project are complete. (e) Erosion and sediment control plan...... An erosion and sediment control plan shall be submitted that satisfies the requirements of this ordinance and in accordance with Chapter 6 of the County Code, in conjunction with plot plan, site plan or subdivision plan approval. (f) Final plan...... Final plans for property within CBPAs shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in the County Zoning Ordinance. 1. Final plans for all lands within CBPAs shall include the following additional information: a. The delineation of the Resource Protection Area boundary, including the one hundred -foot buffer component; b. Plat or plan note stating that no land disturbance is allowed in the buffer area without review and approval by the zoning administrator; C. All wetlands permits required by law; d. A maintenance agreement as deemed necessary and appropriate by the zoning administrator and/or the stormwater division to ensure proper maintenance of best management practices in order to continue their functions. 2. Installation and bonding requirements. a. Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant material or facilities is completed in accordance with the approved site plan. b. When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the county a form of surety satisfactory to the county attorney in an amount equal to the remaining plant materials, related materials, or installation costs of the required landscaping or facilities and/or maintenance costs for any required stormwater management facilities as determined by the zoning administrator. C. All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the county. d. After all required actions of the approved site plan have been completed, the applicant must submit a written request for final inspection. If the requirements of the approved plan have been completed to the satisfaction of the zoning administrator, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following receipt of the applicant's request for final inspection. The zoning 22 administrator may require a certificate of substantial completion from a professional engineer or Class III B surveyor before making a final inspection. (g) Administrative responsibility. ..... Administration of the plan of development process shall be in accordance with the County Zoning Ordinance or the County Subdivision Ordinance. The zoning administrator shall approve, approve subject to conditions, or disapprove the plans in accordance with the reviewing authorities' recommendations. The zoning administrator shall return notification of plan review results to the applicant, including recommended conditions or modifications. In the event that the results and/or recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved. (h) Denial of plan, appeal of conditions or modifications...... In the event the final plan or any component of the plan of development process is disapproved or recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the planning commission within sixty (60) days of the administrative decision to be appealed. The planning commission shall make a recommendation to the board of supervisors. The final decision on an appeal shall be made by the board of supervisors. In preparing to recommend to grant or deny an appeal, the planning commission must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this ordinance. If the planning commission finds that the applicant's plan does not meet the above stated criteria, they shall recommend denial of the plan. (8-21-06; 4-16-15.) Responsive to the Board's desire to be advised about administrative reviews, staff is to incorporate a report under the "For the Board's Information" section of the County Administrator's report, as well as a report on the efficiency of this ordinance following the first twelve months of its adoption. COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton reported on items discussed at the most recent meeting of the Southeastern Public Service Authority which included a status report on the Repower South agreement. County Administrator Keaton reported on matters discussed at the most recent meeting of the Chief Administrative Officers which was hosted by the County and attended by FEMA representatives. Revised operating hours for the County's refuse and recycling centers were presented by Tony Wilson, Director of Public Works. OLD BUSINESS Don Jennings, Director of Utility Services, presented the Stormwater Advisory Committee Bylaws for consideration by the Board. 23 Upon motion of Supervisor McCarty, all those present voting in favor, the bylaws were adopted as presented with suggested revisions to the language under Section 1-3 and Section 2-1 relating to appointments. There are to be two Board of Supervisors' as liaison's (Supervisors Grice and McCarty) as non-voting members; five citizen appointments, one from each election district; and, two town voting members. County Attorney Popovich presented a Resolution to Authorize Economic Development Retention Grants for the Board's consideration developed for the purpose of prohibiting a negative impact on businesses relative to the Machinery & Tools tax rate change implemented this fiscal year. Upon motion of Supervisor McCarty, all those present voting in favor, the following Resolution was adopted: RESOLUTION TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT RETENTION GRANTS WHEREAS, in order to better position itself for future economic development opportunities, Isle of Wight County engaged in a re-examination of its machinery and tools (M&T) tax; and, WHEREAS, in cooperation with the Board of Supervisors, the Commissioner of the Revenue adjusted the County's M&T tax assessments for multiple tax years and made appropriate adjustments of tax amounts for prior years including 2016; and, WHEREAS, in an effort to mitigate the impact on County revenues resulting from the adjustment to M&T taxes, the Board of Supervisors adopted a a one-year adjustment to the machinery and tools tax rate for FY2017-18 with the intent that any businesses negatively impacted by the adjustment would be eligible for an Economic Development Retention Grant. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia authorizes the issuance of Economic Development Retention Grants in the cumulative amount of thirty two thousand one hundred twenty five dollars ($32,125) to businesses negatively impacted by the adjustment to the M&T tax. NEW BUSINESS County Administrator Keaton presented a Resolution Regarding School Board Budget for Career and Technical Education Expenses for the Board's consideration. Upon motion of Supervisor Acree, all those present voting in favor, the following Resolution was adopted: RESOLUTION REGARDING SCHOOL BOARD BUDGET FOR CAREER AND TECHNICAL EDUCATION EXPENDITURES 24 WHEREAS, at a joint meeting between the Isle of Wight County Board of Supervisors and School Board on March 2, 2017, a presentation was made by the School Superintendent to propose the development of a career and technical education (CTE) program specifically for Isle of Wight Public Schools; and, WHEREAS, at said meeting a request was made of the Isle of Wight County Board of Supervisors to issue bonds in an amount of $10 million in order to pay for School related capital improvements; and, WHEREAS, the Isle of Wight County School Board proposed that repayment of said bond issuance be accomplished by using monies currently allocated in the school budget for the CTE program at the P.D. Pruden Center which the School Board has decided to withdraw from; and, WHEREAS, based upon such presentation by the Isle of Wight County School Board, the Isle of Wight County Board of Supervisors held a public hearing on April 20, 2017 authorizing the issuance of bonds in an amount of $7.9 million to provide for necessary capital improvements to promote the School Board's proposed CTE program; and, WHEREAS, the Isle of Wight Board of Supervisors wishes to memorialize its intentions as it relates to the promotion of the Isle of Wight County Schools CTE Program. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that it is the Board's intention that from this day forward, until fully paid off, the funds previously authorized and appropriated to the Isle of Wight County School Board for payment of the CTE program at the P.D. Pruden Center shall henceforth be reauthorized and reallocated for the sole purpose of repayment of the debt owed as a result of the issuance of the $7.9 million bond. Jamie Oliver, Transportation Planner, presented a Resolution of the Board of Supervisors of Isle of Wight County to Designate the Smithfield Sidewalk Construction Project (UPC 102951) as a Revenue Sharing Project for the Board's consideration. Upon motion of Supervisor Jefferson, all those present voting in favor, the following Resolution was adopted: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO DESIGNATE THE SMITHFIELD SIDEWALK CONSTRUCTION PROJECT (UPC 102951) AS A REVENUE SHARING PROJECT WHEREAS, Isle of Wight County has established and initiated the Smithfield Sidewalk construction project (UPC 102951) for the improvement of safety and quality of life for County residents and visitors and is committed to completion of said project; and, 25 WHEREAS, said sidewalk project is a collaboration between the County and the Town of Smithfield, whom has faithfully contributed one hundred thousand dollars ($100,000) of community funds toward completion of the project; and, WHEREAS, the estimate for the Smithfield Sidewalk construction project (UPC 102951) has increased from eight hundred forty one thousand dollars ($841,000) in 2012 to one million one hundred six thousand ninety five dollars ($1,106,095) in 2017; and, WHEREAS, Isle of Wight County has identified transportation projects which can be fiscally closed with residual grant and local funds used to provide for the estimate increase without the appropriation of new public funds. NOW, THEREFORE, BE IT RESOLVED that Isle of Wight County requests that Smithfield Sidewalk construction project (UPC 102951) be designated as a Revenue Sharing project with the opportunity to receive surplus Revenue Sharing funds which may become available from completed and/or cancelled Revenue Sharing projects for the purpose of advancing construction. BE IT FURTHER RESOLVED that Isle of Wight County will be responsible for and is committed to providing matching funds in the amount of 50% of the total Revenue Sharing funds which may be transferred to the project. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia and/or his/her designee is authorized to transfer funds from existing transportation capital projects as necessary to provide construction funding and matching contributions for the Smithfield Sidewalk Construction Project (UPC 102951), not to exceed the amount of the current estimate increase. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all programmatic documents, make all such accounting adjustments, and execute all such agreements and contracts as necessary to complete construction of the Smithfield Sidewalk construction project (UPC 102951). A request for a budget transfer to address a flooding problem at the Hardy Elementary School was presented by Mr. Jennings. Upon motion of Supervisor Grice, all those present voting in favor, staff was authorized to transfer funds to cover the cost of the Hardy Elementary School flooding and drainage project. A Resolution to Transfer Funding from the Contingency Fund to the Debt Service Fund to Cover Costs Related to the Issuance of General Obligation Line of Credit, Series 2017 ($15,600) was presented for consideration by County Administrator Keaton. Upon motion of Supervisor Jefferson, all those present voting in favor, the following Resolution was adopted: 26 RESOLUTION TO TRANSFER FUNDING FROM THE CONTINGENCY FUND TO THE DEBT SERVICE FUND TO COVER COSTS RELATED TO THE ISSUANCE OF GENERAL OBLIGATION LINE OF CREDIT, SERIES 2017 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia issued a General Obligation Line of Credit, Series 2017; and, WHEREAS, the Debt Service fund requires fifteen thousand, six hundred dollars ($15,600) for costs associated with the General Obligation Line of Credit, Series 2017. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that fifteen thousand six hundred dollars ($15,600) be transferred from the FY2016-17 Contingency Fund budget to the FY2016-17 Debt Service Fund budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. A Resolution to Transfer the E911 Professional Services Appropriation to the E911 Radio Communications System Project in the Capital Projects Fund ($73,000) was presented by County Administrator Keaton for consideration. Upon motion of Supervisor Acree, all those present voting in favor, the following Resolution was adopted: RESOLUTION TO TRANSFER THE E-911 PROFESSIONAL SERVICES APPROPRIATION TO THE E911 RADIO COMMUNICATIONS SYSTEM PROJECT IN THE CAPITAL PROJECTS FUND WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has approved an agreement with Engineering Associates, LLC for the purpose of replacing the County's Public Safety Radio System; and, WHEREAS, this funding was originally appropriated to the FY 2015-16 E-911 Fund, professional services budget line and requires a transfer to the FY2016-17 Capital Project Fund, E911 Radio Public Communications System project, professional services budget line. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that seventy three thousand dollars ($73,000) be transferred from the Professional Services budget line item in the E-911 Fund to the E911 Radio Communications Systems Project budget line item in the FY2016- 17 Capital Projects Fund of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. 7 Responsive to a request to change the Board's July regular meeting date, upon motion of Supervisor McCarty, all those present voting in favor, the Board's regular July meeting was rescheduled to Monday, July 17th at 5:00 p.m. An amendment to the FY2017-18 Animal Control Division's Personnel Summary to authorize an additional full-time position of Chief Animal Control Officer was presented by Mary Beth Johnson, Director of Human Resources, upon the resignation of the current Chief Animal Control Officer. Upon motion of Supervisor McCarty, all those present voting in favor, the amendment was approved. Supervisor Acree requested the Board's consideration of waiving the fees associated with the installation and setting of the water meter base at the Isle of Wight Ruritan Club or tabling the request to allow staff to provide the Board with a cost analysis. Mr. Jennings advised that the County's ordinance does not provide for exemptions; therefore, the fees cannot be waived. He advised that the Operations Managers has been requested to investigate and report back to him regarding the actual costs. Upon motion of Supervisor Acree, all those present voting in favor, action was tabled on the matter to allow staff an opportunity to research and provide the Board with options regarding non-profit low-volume fee schedules for water meters and a cost analysis for installing water meters. Supervisor McCarty expressed an interest in the creation of a task force charged with investigating methods to allow County residents the ability to address the Board during meetings from their homes. Supervisor Grice requested a policy/procedure be created by staff relative to the establishment and appointment of a leadership task force for the Comprehensive Plan for consideration by the Board at its July 17, 2017 meeting. ADJOURNMENT At 9:30 p.m., Chairman Alphin declared the meeting adjourned. &/P- le R x . Alphin, Ch firman Careyi Is Stor , Clerk 78