07-17-2017 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 SEVENTEENTH DAY OF JULY 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
Joel C. Acree, Windsor District
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 meeting of the Board to order at 5:00 p.m. and
welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Upon motion of Supervisor McCarty, all those present voting in favor, the agenda
was approved (5-0) as amended with the addition of discussion under New
Business regarding the feasibility and cost associated with video-taping and live -
streaming the Planning Commission's meetings.
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.
Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the
Board entered the closed meeting for the reasons stated by County Attorney
Popovich.
Upon motion of Supervisor Jefferson, all those present voting in favor (5-0), the
Board reconvened into open meeting.
Upon motion of Supervisor Jefferson, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
1
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 Acree delivered the invocation and led the Pledge of Allegiance to the
American Flag.
CITIZENS' COMMENTS
Herb DeGroft encouraged the Board to contact the State about its interest in
purchasing the Blackwater Nature Reserve at a price paid for by the County and
that the money from this sale be used to reduce the County's debt service.
Albert Burckard thanked the Board for restoring the former hours of operation of
the County's convenience centers.
Lynn Faulkner informed the Board that she had distributed 250 surveys associated
with the rewrite of the Comprehensive Plan to area residents. She noted the
importance of County residents being apprised about how revisions to the Plan
will impact them.
An expression of appreciation was offered to Ms. Faulkner for her efforts in
informing citizens of potential impacts to them associated with the revision to the
Comprehensive Plan. It was acknowledged that 400 surveys have been received
by staff and that it was disappointing to learn that more residents had not
participated in the survey. It was recognized that it is incumbent upon the Board
to educate citizens and solicit their attendance and input at meetings to be held
on that issue.
2
CONSENTAGENDA
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Consent Agenda was approved as presented:
A. Resolution to Accept and Appropriate Byrne Justice Assistance Grant Funds
($1.,978)
B. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management for Repairs to Sheriff's Department Vehicles and Technology
Services Equipment ($2,944)
C. Minutes of April 24, 2017 Work Session; May 4, 2017 Work Session; May
11, 2017 Special Meeting; and, May 18, 2017 Regular Meeting
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Acree spoke to the importance of keeping citizens apprised on County
business matters. He noted that networking results in a healthier community.
APPOINTMENTS
On motion of Supervisor McCarty, all those present voting in favor (5-0), Don
Robertson was reappointed to serve on the Chamber of Commerce.
On motion of Chairman Alphin, all those present voting in favor (5-0), Ben
Vaughan was appointed to serve on the Paul D. Camp Community College Board.
PUBLIC HEARINGS
A. Resolution to Amend the FY2017-18 Operating and Capital Budgets
County Administrator Keaton represented a request to amend the FY2017-18
Capital Budget and appropriate $2,057,300 for future capital project needs from
the General Fund Assigned Fund Balance.
Chairman Alphin called for persons to speak in favor of or in opposition to the
proposed amendment.
No one appeared and spoke and the public hearing was closed.
Upon motion of Supervisor Grice, all those present voting in favor (5-0), the
following Resolution was adopted:
RESOLUTION TO AMEND THE FY 2017-18 OPERATING AND CAPITAL BUDGETS
WHEREAS, the General Fund Assigned Fund Balance includes two million fifty-
seven thousand three hundred dollars ($2,057,300) that was set aside on June 30,
2017 to fund future capital projects; and,
3
WHEREAS, anticipated machinery and tools tax revenues in the amount of
$5,149,571 need to be appropriated to the General Fund Non -Departmental
Reserves - Fund Balance to reimburse the County's Unassigned Fund Balance for
machinery and tools tax refunds provided in FY2016-17 and $1,164,274 needs to
be appropriated to provide Economic Development Incentive Grants; and,
WHEREAS, revenues and expenditures in the amount of $46,600 need to be
added to the FY2017-18 General Fund for the Smithfield Farmers Market.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that two million fifty-seven thousand three
hundred dollars ($2,057,300) be transferred from the General Fund to the Capital
Project Fund and amend the FY2017-18 Capital Budget by the same amount.
BE IT FURTHER RESOLVED that machinery and tools tax revenues in the amount of
$5,149,571 be appropriated to the FY2017-18 General Fund Non -Departmental
Reserves - Fund Balance.
BE IT FURTHER RESOLVED that machinery and tools tax revenues in the amount of
$1,164,274 be appropriated to the FY2017-18 General Fund Operating Budget to
provide Economic Development Incentive Grants.
BE IT FURTHER RESOLVED that revenues and expenditures in the amount of
$46,600 be added to the FY2017-18 General Fund Operating Budget for the
Smithfield Farmers Market.
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.
B. Lease Agreement/Carrsville Emergency Communications Tower Site
County Administrator Keaton updated the Board on the process associated with
this tower site and advised that construction of the site is anticipated to
commence within 60 days of the approval of the lease agreement.
The public hearing was opened and comments in favor or opposition were asked
for.
No one appeared and spoke.
The public hearing was closed and comments from the Board were sought.
Supervisor McCarty expressed concern with language contained in the lease
entitling the landlord to forty percent of all revenues generated from the leasing
of the tower space to the third -party users.
Discussion ensued by the Board that the proposed site is an optimal site; that the
annual rental of $5000 is reasonable; and, that forty percent is an industry
standard and not unreasonably high.
51
Upon motion of Supervisor Acree, all those present voting in favor except
Supervisor McCarty (4-1), the lease agreement was approved and the Chairman
was authorized to execute it on behalf of the Board.
C. Ordinance to Allow for Real Property Tax Exemption for Surviving Spouses
of Certain Individuals Killed in the Line of Duty
County Attorney Popovich provided an overview of the Ordinance adopted by the
General Assembly which allows a locality to exempt from paying real estate taxes
surviving spouses of law enforcement officers, firefighters, search and rescue
personnel and emergency medical services personnel killed in the line of duty,
The public hearing was opened and comments solicited in favor or in opposition
to the Ordinance.
Ms. Falkner of Days Point Road encouraged the Board to impose some type of
restriction, such as a time frame or remarriage.
The public hearing was closed and Board comments sought.
Noting the need for a job description for County volunteer fire fighters,
Supervisor Acree requested that the Volunteer Fire and Rescue Association be
requested to develop a job description for fire, emergency medical service
personnel and other first responders.
Upon motion of Supervisor Acree, all those present voting in favor (5-0), the
following Ordinance was adopted and the Chairman was authorized to execute it
on behalf of the Board:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 15. TAXATION. ARTICLE II. REAL ESTATE TAXES.
WHEREAS, the Virginia General Assembly has approved, and the Governor of the
Commonwealth of Virginia as signed, legislation to include provisions in the Code
of Virginia (1950, as amended) that allow localities to provide an exemption from
real property taxes for the surviving spouses of certain persons killed in the line of
duty; and
WHEREAS, the Board of Supervisors for Isle of Wight County, Virginia hereby
wishes to adopt such an exemption in accordance with such newly enacted
legislation as means to show its thanks and support to those who risk their lives
to save and protect the citizens of Isle of Wight County by providing for such an
exemption to their surviving spouses;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 15, Taxation, Article 11, Real Estate Taxes be amended
and reenacted by including a new Section 15-7.3, Exemption for surviving spouses
of certain persons killed in the line of duty as follows:
Sec. 15-7.3. — Exemption for surviving spouses of certain persons killed in the line
of duty _
(a) The purpose of this section is to provide an exemption from taxation for
the qualifying real property of spouses of any law enforcement officer, firefighter,
search and rescue personnel, or emergency medical services personnel who are
killed in the line of duty.
(b) As used in this section, the term "covered person" shall mean any person
set forth in the definition of "deceased person" in Section 9.1-400 of the Code of
Virginia (1950, as amended) whose beneficiary, as defined therein, is entitled to
recover benefits under Section 9.1-402 of the Code of Virginia (1950, as
amended), as determined by the Comptroller prior to July 1, 2017, or as
determined by the Virginia Retirement System on and after July 1, 2017.
(c) The exemption provided for in this section shall be provided as follows:
(1) Pursuant to Article X, Section 6-13 of the Constitution of Virginia, for
tax years beginning on or after January 1, 2017, the county exempts from taxation
the real property described in subsection (2) of the surviving spouse of any
covered person who occupies the real property as his principal place of residence.
If the covered person's death occurred on or prior to January 1, 2017, and the
surviving spouse has a principle residence on January 1, 2017, eligible for the
exemption under this section, then the exemption for the surviving spouse shall
begin on January 1, 2017. If the covered person's death occurs after January 1,
2017, and the surviving spouse has a principal residence eligible for the
exemption under this section on the date that such covered person dies, then the
exemption for the surviving spouse shall begin on the date that such covered
person dies. If the surviving spouse acquires the property after January 1, 2017,
then the exemption shall begin on the date of acquisition, and the previous owner
may be entitled to a refund for a pro rata portion of real property taxes paid
pursuant to Section 58.1-3360 of the Code of Virginia (1950, as amended). The
county shall not be liable for any interest on any refund due to the surviving
spouse for taxes paid prior to the surviving spouse's filing of the affidavit or
written statement required by Section 58.1-3219.15 of the Code of Virginia (1950,
as amended).
(2) Those dwellings in the county with assessed values in the most
recently ended tax year that are not in excess of the average assessed value for
such year of a dwelling situated on property that is zoned as single-family
residential shall qualify for a total exemption from real property taxes under this
article. If the value of a dwelling is in excess of the average assessed value as
described in this subsection, then only that portion of the assessed value in excess
of the average assessed value shall be subject to real property taxes, and the
portion of the assessed value that is not in excess of the average assessed value
shall be exempt from real property taxes. Single-family homes, condominiums,
town homes, manufactured homes as defined in Section 46.2-100 of the Code of
C1
Virginia whether or not the wheels and other equipment previously used for
mobility have been removed, and other types of dwellings of surviving spouses,
whether or not the land on which the single-family home, condominium, town
home, manufactured home, or other type of dwelling of a surviving spouse is
located is owned by someone other than the surviving spouse, that (i) meet this
requirement and (ii) are occupied by such persons as their principal place of
residence shall qualify for the real property tax exemption. If the land on which
the single-family home, condominium, town home, manufactured home, or other
type of dwelling is located is not owned by the surviving spouse, then the land is
not exempt. For purposes of determining whether a dwelling, or a portion of its
value, is exempt from county real property taxes, the average assessed value shall
be such average for all dwellings located within the county that are situated on
property zoned as single-family residential.
(3) The surviving spouse shall qualify for the exemption so long as the
surviving spouse does not remarry and continues to occupy the real property as
his principal place of residence. The exemption applies without any restriction on
the spouse's moving to a different principal place of residence.
(4) The county shall provide for the exemption from real property taxes of
(i) the qualifying dwelling, or that portion of the value of such dwelling and land
that qualifies for the exemption pursuant to subsection (2), and (ii) with the
exception of land not owned by the surviving spouse, the land, not exceeding one
(1) acre, upon which it is situated. A real property improvement other than a
dwelling, including the land upon which such improvement is situated, shall also
be exempt from taxation so long as the principal use of the improvement is (a) to
house or cover motor vehicles or household goods and personal effects as
classified in subdivision(A)(14) of Section 58.1-3503 of the Code of Virginia (1950,
as amended) and as listed in Section 58.1-3504 of the Code of Virginia (1950, as
amended) and (b) for other than a business purpose.
(6) For purposes of this exemption, real property of any surviving spouse of
a covered person includes real property (i) held by a surviving spouse as a tenant
for life, (ii) held in a revocable inter vivos trust over which the surviving spouse
holds the power of revocation, or (iii) held in an irrevocable trust under which the
surviving spouse possesses a life estate or enjoys a continuing right of use or
support. Such real property does not include any interest held under a leasehold
or term of years.
(7) (a) In the event that (i) a surviving spouse is entitled to an
exemption under this section by virtue of holding the property in any of the three
ways set forth in subsection (c)(6) and (ii) one or more other persons have an
ownership interest in the property that permits them to occupy the property,
then the tax exemption for the property that otherwise would have been
provided shall be prorated by multiplying the amount of the exemption by a
fraction the numerator of which is 1 and the denominator of which equals the
total number of people having an ownership interest that permits them to occupy
the property.
7
(b) In the event that the principal residence is jointly owned by
two or more individuals including the surviving spouse, and no person is entitled
to the exemption under this section by virtue of holding the property in any of the
three ways set forth in subsection (c)(6), then the exemption shall be prorated by
multiplying the amount of the exemption by a fraction the numerator of which is
the percentage of ownership interest in the dwelling held by the surviving spouse
and the denominator of which is 100.
(d) (1) The surviving spouse claiming the exemption under this article shall
file with the commissioner of the revenue of the county on forms to be supplied
by the county, an affidavit or written statement (i) setting forth the surviving
spouse's name, (ii) indicating any other joint owners of the real property, (iii)
certifying that the real property is occupied as the surviving spouse's principal
place of residence, and (iv) including evidence of the determination of the
Comptroller or the Virginia Retirement System pursuant to subsection (c)(1). The
surviving spouse shall also provide documentation that he is the surviving spouse
of a covered person and of the date that the covered person died. The surviving
spouse shall be required to refile the information required by this section only if
the surviving spouse's principal place of residence changes.
(2) The surviving spouse shall promptly notify the commissioner of the
revenue of any remarriage.
(e) The fact that surviving spouses who are otherwise qualified for tax
exemption pursuant to this article are residing in hospitals, nursing homes,
convalescent homes, or other facilities for physical or mental care for extended
periods of time shall not be construed to mean that the real estate for which tax
exemption is sought does not continue to be the sole dwelling of such persons
during such extended periods of other residence, so long as such real estate is not
used by or leased to others for consideration.
[For state law as to authority to enact this section,
see VA Code §§ 58.1-3219.13 and 58.1-3219.141
That this ordinance shall become effective at midnight on the beginning of July 1,
2017 and shall, at that time, be retroactive to January 1, 2017.
D. Application of Tidewater Custom Modular Homes, Inc. (John Glover),
Applicant, and Clarice J. Chapman, Owner, for an Amendment to the
Comprehensive Plan of 1.00 acres of Land Located at 22080 Brewer's Neck
Boulevard, on the property with Tax Map Number 33-01-195B, in the
Newport Election District to Change the Land Use Designation from
Suburban Estate (SE) to Business and Employment (BE)
Sandra Robinson, Planner, represented the application which resulted in the
Planning Commission's (7-0) vote to recommend denial due to the concern with
amending the Comprehensive Plan piecemeal at the beginning of the
development process; the desire to review land uses holistically along this
critically important corridor; and, staff's recommendation of denial because the
r
proposed use is in conflict with the County's current Comprehensive Plan's
recommendations, objectives and future land use designations.
The public hearing was opened and comments in favor or in opposition were
requested.
John Glover, applicant, requested the Board's favorable consideration to create a
model home site on the proposed property. A rendering depicting the home
intended for the site, which is residential in appearance and adequately
represents the product to be sold, was displayed. He commented that the
proposed home improves the appearance of the Corridor as it exists today.
Albert Burckard of the Newport District spoke against the application which does
not adhere to the Comprehensive Plan. He advised that near the proposed site is
an African American two -room schoolhouse built in the 1920's.
Tina Emmon of Carrollton Boulevard spoke in favor of Mr. Glover's application to
move his business to the proposed location.
Herb DeGroft of Mill Swamp Road spoke in favor of the application commenting
that workforce housing is needed in the County and the proposed types of homes
will bring in workforce that lives in and spends money in the County.
Neil Sykes of Smithfield spoke in support of the application.
The public hearing was closed and comments solicited from the Board.
Supervisors McCarty and Acree spoke in favor of the application commenting on
the need for affordable housing in the County. It was noted that for the sake of
appearance, the model home will give the appearance of a residential home. It
was further noted that this is an existing business in the County and the applicant
is an existing resident of the County.
Supervisor Jefferson voiced his opposition to a business being approved for
location in a residential area.
Supervisor Grice commented that the Comprehensive Plan is a guideline only and
is ten years old now. He pointed out that there is currently an abandoned
building located on the property which would be replaced with a model home if
approved. He stated there will not be hundreds of cars going in and out of this
residential property; that the applicant is going to tap into the County's water
system which sets a precedent; and, that the parking area will be screened.
Chairman Alphin recognized that the model home will replace an existing eyesore,
but stated that he believes structures need to be designated by their use and not
by how they look. He stated that because a precedent was set in the past is not a
reason for continuing that precedent; that he is concerned this sends a message
that the Comprehensive Plan does not carry much weight; and, that he needs a
compelling reason to deviate from the Comprehensive Plan especially as there are
other areas that this business would be successful.
9
On motion of Supervisor McCarty, the application was approved with Supervisors
McCarty, Acree and Grice voting in favor (3-2) and Chairman Alphin and
Supervisor Jefferson voting against the motion.
E. Application of Tidewater Custom Modular Homes, Inc. (John Glover),
Applicant, and Clarice J. Chapman, Owner, for an Amendment to the
Comprehensive Plan of 1.00 acres of Land Located at 22080 Brewer's Neck
Boulevard, on the property with Tax Map Number 33-01-195B, in the
Newport Election District to Change the Zoning Classification from Rural
Agricultural Conservation (RAC} to Conditional General Commercial (C -GC)
Ms. Robinson represented the application.
The public hearing was opened and comments were sought from those in favor of
or in opposition to the application.
No one appeared and spoke.
The public hearing was closed and comments requested from the Board.
Staff was requested to investigate if the County is adhering to the American with
Disabilities Act.
On motion of Supervisor McCarty, all those present voting in favor, the
application was approved (5-0).
The Board took a break.
11
F. Application of Richard W. and Tandy Coyle, Owners for a Change in Zoning
Classification from Rural Agricultural Conservation (RAC) to Rural Residential (RR)
of 19.49 Acres of Land to Create Two (2) Single Family Residential Lots on the
Northeast Side of River Run Trail (Route 614), 0.4 miles North of the Intersection
of Walkers Highway (Route 258) (Part of Tax Parcel Identification Number 58-01-
132)
Ms. Robinson represented the application.
The public hearing was opened and those in favor of or in opposition to were
requested to speak.
Richard Coyle, applicant, appeared and spoke in favor.
The public hearing was closed and comments of the Board were requested.
10
Following confirmation that this is all the lots that can be created on that parcel
utilizing the sliding scale, on motion of Chairman Alphin, all those present voting
in favor (5-0), the application was approved.
G. The application of William E. Birdsong, Applicant, Thomas, Jr. and Deborah
Jones and Donald and Carolyn Little, Owners, for a Change in Zoning
Classification from Rural Agricultural Conservation (RAC) to Rural
Residential (RR) of 5 acres of Land to Create One (1) Single Family
Residential Lot on the North Side of Mill Swamp Road (Route 626),
Approximately 1 Mile West of Wrenn's Mill Road (Route 677), and Part of
Tax Parcel Identification Number 12-01-054.
Ms. Robinson represented the application.
The public hearing was opened and those in favor of or in opposition to were
requested to speak.
William Riddick, Attorney representing the applicants, appeared and spoke in
favor of the applicants who are long-time residents of the County.
The public hearing was closed and comments of the Board were requested.
On motion of Supervisor Jefferson, all those present voting in favor (5-0), the
application was approved.
H. An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Article II, Dogs and Cats. Chapter 3. Animals and
Fowl. Section 3-24. Control of Dangerous Dogs
County Attorney Popovich provided an overview of the amendments to the
County's Dangerous Dog Ordinance which gives discretion to law enforcement
and animal control officers whether to file dangerous dog charges.
The public hearing was opened and those in favor of or in opposition to were
requested to speak.
No one appeared and spoke.
The public hearing was closed and comments of the Board were requested.
On motion of Supervisor Acree, 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 ARTICLE II. DOGS AND CATS. CHAPTER 3.
ANIMALS AND FOWL.
SECTION 3-24. CONTROL OF DANGEROUS DOGS
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it
necessary to revise its local ordinance related to dangerous or vicious dogs to
conform with state law;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 3. Animals and Fowl. Section 3-24 be amended and
reenacted as follows:
Sec. 3-24. - Control of dangerous dogs.
(a) As used in this section, "dangerous dog" means
(1) a canine or canine crossbreed that has bitten, attacked, or inflicted
injury on a companion animal that is a dog or cat or killed a companion animal
that is a dog or cat. A canine or canine crossbreed is not a dangerous dog if, upon
investigation, a law-enforcement officer or animal control officer finds that (i) no
serious physical injury as determined by a licensed veterinarian has occurred to
the dog or cat as a result of the attack or bite; (ii) both animals are owned by the
same person; or (iii) such attack occurred on the property of the attacking or
biting dog's owner or custodian; or
(2) a canine or canine crossbreed that has bitten, attacked, or inflicted
injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon
investigation, a law-enforcement officer or animal control officer finds that the
injury inflicted by the canine or canine crossbreed upon a person consists solely of
a single nip or bite resulting only in a scratch, abrasion, or other minor injury.
(b) No dog shall be found to be a dangerous dog as a result of biting, attacking
or inflicting injury on a dog or cat while engaged with an owner or custodian as
part of lawful hunting or participating in an organized, lawful dog handling event.
No dog shall be found to be a dangerous dog if the court determines, based on
the totality of the evidence before it, or for other good cause, that the dog is not
dangerous or a threat to the community.
(c) Any law enforcement officer or animal control officer who has reason to
believe that a canine or canine crossbreed within the county is a dangerous dog
shall apply to a magistrate serving the county for the issuance of a summons
requiring the owner or custodian, if known, to appear before the General District
Court in Isle of Wight County. The summons shall advise the owner of the nature
of the proceeding and the matters at issue. If a law-enforcement officer
successfully makes an application for the issuance of a summons, he shall contact
the animal control officer and inform him of the location of the dog and the
relevant facts pertaining to his belief that the dog is dangerous. The animal
control officer shall confine the animal until such time as evidence shall be heard
and a verdict rendered. If the animal control officer determines that the owner or
custodian can confine the animal in a manner that protects the public safety, he
may permit the owner or custodian to confine the animal until such time as
evidence shall be heard and a verdict rendered. The court, through its contempt
powers, may compel the owner, custodian or harborer of the animal to produce
the animal. If, after hearing the evidence, the court finds that the animal is a
dangerous dog, the court shall order the animal's owner to comply with the
provisions of this section. Further, if the court, upon finding the animal to be a
dangerous dog, may order the owner, custodian, or harborer to pay restitution
for actual damages to any person injured by the animal or whose companion
animal was injured or killed by the animal and may, at the court's discretion, also
order the owner to pay all reasonable expenses incurred in caring and providing
for such dangerous dog from the time the animal is taken into custody until such
time as the animal is disposed of or returned to the owner. The procedure for
appeal and trial shall be the same as provided by law for misdemeanors and the
County shall be required to prove the case beyond a reasonable doubt.
(d) No canine or canine crossbreed shall be found to be a dangerous dog solely
because it is a particular breed, nor shall ownership of a particular breed of canine
or canine crossbreed be prohibited.
(e) No animal shall be found to be a dangerous dog if the threat, injury or
damage was sustained by a person who was: (i) committing, at the time, a crime
upon the premises occupied by the animal's owner or custodian; (ii) committing,
at the time, a willful trespass or other tort upon the premises occupied by the
animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing
the animal, or can be shown to have repeatedly provoked, tormented, abused, or
assaulted the animal at other times. No police dog that was engaged in the
performance of its duties as such at the time of the acts complained of shall be
found to be a dangerous dog. No animal which, at the time of the acts complained
of, was responding to pain or injury, or was protecting itself, its kennel, its
offspring, or its owner or owner's property, shall be found to be a dangerous dog.
(f) The owner of any animal found to be a dangerous dog shall, within thirty
(30) days of such finding, obtain a dangerous dog registration certificate from the
local animal control officer for a fee as shall be set forth in the Isle of Wight
County Uniform Fee Schedule, as adopted by the board of supervisors, as it may
be amended, in addition to other fees that may be authorized by law. The local
animal control officer shall also provide the owner with a uniformly designed tag
that identifies the animal as a dangerous dog. The owner shall affix the tag to the
animal's collar and ensure that the animal wears the collar and tag at all times. By
January 31 of each year, until such time as the dangerous dog is deceased, all
certificates obtained pursuant to this subsection shall be updated and renewed
for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as
adopted by the board of supervisors, as it may be amended, in the same manner
as the initial certificate was obtained. The animal control officer shall post
registration information on the Virginia Dangerous Dog Registry.
(g) All dangerous dog registration certificates or renewals thereof required to
be obtained under this section shall only be issued to persons eighteen (18) years
of age or older who present satisfactory evidence: (i) of the animal's current
rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed;
and (iii) that the animal is and will be confined in a proper enclosure or is and will
be confined inside the owner's residence or is and will be muzzled and confined in
the owner's fenced -in yard until the proper enclosure is constructed. In addition,
owners who apply for certificates or renewals thereof under this section shall not
13
be issued a certificate or renewal thereof unless they present satisfactory
evidence that: (i) their residence is and will continue to be posted with clearly
visible signs warning both minors and adults of the presence of a dangerous dog
on the property and (ii) the animal has been permanently identified by means of
electronic implantation. All certificates or renewals thereof required to be
obtained under this section shall only be issued to persons who present
satisfactory evidence that the owner has liability insurance coverage, to the value
of at least $100,000, that covers animal bites. The owner may obtain and
maintain a bond in surety, in lieu of liability insurance, to the value of at least
$100,000.
(h) While on the property of its owner, an animal found to be a dangerous dog
shall be confined indoors or in a securely enclosed and locked structure of
sufficient height and design to prevent its escape or direct contact with or entry
by minors, adults, or other animals. While so confined within the structure, the
animal shall be provided for according to Section 3-3 of this ordinance. When off
its owner's property, an animal found to be a dangerous dog shall be kept on a
leash and muzzled in such a manner as not to cause injury to the animal or
interfere with the animal's vision or respiration, but so as to prevent it from biting
a person or another animal.
(i) If the owner of an animal found to be a dangerous dog is a minor, the
custodial parent or legal guardian shall be responsible for complying with all
requirements of this section.
(j) After an animal has been found to be a dangerous dog, the animal's owner
shall immediately, upon learning of same, notify the local animal control authority
if the animal: (i) is loose or unconfined; (ii) bites a person or attacks another
animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different
address. In addition, the owner shall cause the local animal control officer to be
promptly notified of (i) the names, addresses, and telephone numbers of all
owners; (ii) all of the means necessary to locate the owner and the dog at any
time; (iii) any complaints or incidents of attach by the dog upon any person or cat
or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) chip
identification information; (vii) proof of insurance or surety bond; and (vii) the
death of the dog.
(k) The owner of any animal which has been found to be a dangerous dog who
willfully fails to comply with the requirements of this section shall be guilty of a
Class 1 misdemeanor. Whenever an owner or custodian of an animal found to be
a dangerous dog is charged with a violation of this section, the animal control
officer shall confine the dangerous dog until such time as evidence shall be heard
and a verdict rendered. The court, through its contempt powers, may compel the
owner, custodian, or harborer of the animal to produce the animal. Upon
conviction, the court may (i) order the dangerous dog to be disposed of or (ii)
grant the owner up to 30 days to comply with the requirements of this section,
during which time the dangerous dog shall remain in the custody of the animal
control officer until compliance has been verified. If the owner fails to achieve
compliance within the time specified by the court, the court shall order the
dangerous dog disposed of. The court, in its discretion, may order the owner to
14
pay all reasonable expenses incurred in caring and providing for such dangerous
dog from the time the animal is taken into custody until such time that the animal
is disposed of or returned to the owner.
(1) Any owner or custodian of a canine or canine crossbreed or other animal is
guilty of a:
(1) Class 2 misdemeanor if the canine or canine crossbreed previously
declared a dangerous dog pursuant to this section, when such declaration arose
out of a separate and distinct incident, attacks and injures or kills a cat or dog that
is a companion animal belonging to another person; or
(2) Class 1 misdemeanor if the canine or canine crossbreed previously
declared a dangerous dog pursuant to this section, when such declaration arose
out of a separate and distinct incident, bites a human being or attacks a human
being causing bodily injury.
The provisions of this subsection shall not apply to any animal that, at the time of
the acts complained of, was responding to pain or injury, or was protecting itself,
its kennel, its offspring, a person, or its owner's or custodian's property, or when
the animal is a police dog that is engaged in the performance of its duties at the
time of the attack.
(m) All fees collected pursuant to this section, less the costs incurred by the
animal control authority in producing and distributing the certificates and tags
required by this division, shall be paid into a special dedicated fund in the Isle of
Wight County treasury for the purpose of paying the expenses of any animal
control officer training required under Section 3.2-6556 of the Code of Virginia
(1950, as amended).
(STATE LAW REFERENCE—Sec. 3.2-6540 of the Code of Virginia (1950, as
amended).)
COUNTY ADMINISTRATOR'S REPORT
The Board was requested to email the County Administrator dates they are not
available in September/October for a two-day facilitated Board Retreat.
The Board expressed an interest in the Clerk having access to their individual
calendars (and the Board being able to access each other's calendars) and that
reoccurring meetings (Planning Commission, Western Tidewater Jail Board,
Commission on Aging) and other Board committees be input by the Clerk.
County Administrator Keaton presented a request for a special meeting of the
Board on August 3, 2017 at 5:00 p.m. at The Smithfield Center to consider a
request of the School Board of a site plan, including exceptions from
requirements of the Zoning Ordnance, for proposed new accessory structures at
Smithfield High School. He noted that there is also an August 3, 2017 Smithfield
Intergovernmental meeting at 2:00 p.m. at The Smithfield Center followed by a
6:00 p.m. meeting with the representatives from the Towns of Smithfield and
Windsor, the School Board and Planning Commission to discuss the Water &
15
Sewer Task Force, receive an update on Route 460, any matters coming forth
from the Smithfield Intergovernmental meeting and the Town of Smithfield's
vision for the ballpark in Smithfield.
Supervisor McCarty moved, with all members voting in favor (5-0), that the Board
set the meeting schedule for August 3, 2017 as presented by the County
Administrator.
County Administrator Keaton was requested to inquire why first quarter
activity/fire and EMS reports from the Rushmere Volunteer Fire Department and
the Windsor Volunteer Fire Department and Volunteer Rescue Squad were not
included in the Fire/EMS Activity Report under the "FYI' item in the County
Administrator's report of the agenda.
NEW BUSINESS
County Administrator Keaton was requested to provide Supervisor Grice with an
audio of the Planning Commission's meeting regarding the Glover application.
Supervisor Acree commented that he has requested information from the
Director of Utility Services on the cost for residents in Carrollton to hook onto
HRSD, as well as information concerning what makes a hook-up financially
beneficial to the County.
County Administrator Keaton was requested to investigate the need, cost and
how expansion of the Windsor Public library fits in with the needs of other
County libraries.
ADJOURNMENT
At 9:00 p.m., Chairman Alphin declared the meeting adjourned.
W LrWM1&hWA1_/ W-1 I -
-601 - 15�_O