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09-21-2017 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 TWENTY-FIRST DAY OF SEPTEMBER 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 Board of Supervisors' meeting to order at 5:00 p.m. 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)(3) regarding a discussion or consideration of a disposition of publicly held real property; and, pursuant to 2.2-3711(A)(8) regarding consultation with legal counsel employed by this legal body regarding legal matters requiring the provision of legal advice by such counsel related to proffers. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Popovich. Upon motion of Supervisor Acree and all voting in favor (5-0), the Board reconvened into open meeting at 6:00 p.m. 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 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 1 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. APPROVAL OF AGENDA AMENDMENTS Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the agenda was approved as presented. CITIZENS' COMMENTS Ashley Pellit of Southampton Court requested the Board to continue its current practice of having an invocation. Maggie Richards of Holly Run Lane; Ryan Cornell of Carrollton; Ed Whitley of Newport News; Keith Morris of Suffolk and John Conley of Smithfield spoke in favor of the Confederate statute remaining at the Courthouse complex. Herb DeGroft provided a report on issues related to the Senior Services of Southeastern Virginia. An invitation to the Board was extended to hear readings by Mark Twain at the Suffolk Cultural Arts Center on September 28, 2017. He notified the Board that the flags at the Confederate monument are not in the correct order. Responsive to the issue of the removal of the Confederate statute located at the Courthouse complex, Supervisor Jefferson suggested the Board conduct a work session to discuss ways in which the County could be protected from what recently occurred in Charlottesville with the dismantling of Confederate statutes. Supervisor McCarty added that State law prevents Confederate statutes from 2 being removed and that staff is currently reviewing ways in which groups can be held accountable for the destruction of same. Regarding the issue of the Board conducting invocations at meetings, Supervisor Grice referred to the recent ruling of the Supreme Court that the name of Jesus or Jesus Christ can be stated during an invocation if that is the person's belief who is delivering said invocation. He referred citizens to the County website where a survey will be available for the public to provide feedback on how the County orchestrates its invocations moving forward and that while this board desires to follow the law, it will continue to convene its meetings with an invocation of some sort. Supervisor Acree commented that the Board would be addressing the invocation issue at its organizational meeting in January of 2018. Chairman Alphin commented that all historical markers could be removed; however, such action would be useless until what perpetuates the perceptions of the patriarchy is dealt with. CONSENT AGENDA Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the following Consent Agenda was adopted as presented: A. Resolution to Congratulate Emmanuel Baptist Church on Its 150th Anniversary B. Resolution to Accept and Appropriate 2017 Emergency Management Performance Grant (EMPG) Award C. Resolution to Appropriate the Unspent FY2016-17 VDEM Dominion Power Pass -Through Funding D. Resolution to Accept and Appropriate FY2017-18 VDEM Dominion Power Pass -Through Funding E. Resolution Approving a Plan of Lease Refinancing with the Virginia Resources Authority to Refund a Portion of the County's General Obligation Public Improvement Bonds F. Resolution to Approve a Salary Increase for the Constitutional Officers and Voter Registrar in Fiscal Year 2017-2018 G. Revisions to the County Administrator's Employment Agreement H. Resolution to Accept a Vehicle Donated by the Town of Windsor to the Isle of Wight County Sheriff's Office I. Minutes of August 3, 2017 Special Meeting & August 3, 2017 Intergovernmental Relations Meeting Q REGIONAL AND INTER -GOVERNMENTAL REPORTS County Administrator Keaton reported that the landfill is being utilized while SPSA is reviewing other alternatives responsive to its action taken to cancel the RePower contract. Supervisor Grice reported that there were 250+ senior attendees at the 2017 Fair. APPOINTMENTS On motion of Supervisor McCarty, all those voting in favor (5-0), the following individuals were appointed to the Comprehensive Plan Advisory Task Force: Allen Turner; Joe Puglisi; Leah Dempsey; Ed Easter; Bill Kessler; John Glover; Brenda Reynolds; Andy Cripps; Rudolph Jefferson; Jim Henderson; Diana Beale; Sahil Tak; Grant Hasty; Andrew Gregory; Daryl Butler; Jay Holt; Barbara Wiggins; Tom Hearn; Jane March; and, Beverly Walkup. On motion of Chairman Alphin, all those voting in favor (5-0), David Creason was appointed to serve on the Stormwater Advisory Committee. On motion of Supervisor Acree, all those voting in favor (5-0), George Rawls was appointed to serve on the Stormwater Advisory Committee. On motion of Supervisor McCarty, all those voting in favor (5-0), Steven Haley was appointed to serve on the Stormwater Advisory Committee. On motion of Supervisor Jefferson, all those voting in favor (5-0), David Tucker was appointed to serve on the Stormwater Advisory Committee. On motion of Supervisor Grice, all those voting in favor (5-0), Triston Barns was appointed to serve on the Stormwater Advisory Committee. On motion of Supervisor Grice, all those voting in favor (5-0), Dale Baugh was nominated to serve on the Southeastern Public Service Authority as the Governor's appointee. On motion of Supervisor Grice, all those voting in favor (5-0), Rex Alphin was nominated to serve on the Southeastern Public Service Authority as the Governor's appointee. SPECIAL PRESENTATIONS Andrea Clontz provided an overview of the County's emergency plans, procedures and preparedness. The Board took a recess and reconvened to conduct the public hearings. 4 11 PUBLIC HEARINGS A. Proposed Extension of Lease Agreement with the Isle of Wight Hunt Club County Attorney Popovich recalled that the Board, at its September 6th work session, had received a presentation from a representative of the Virginia Game and Inland Fisheries office relative to the State managing the Blackwater property owned by the County and that responsive to the Board's request for additional information, he would recommend that the Board extend the lease agreement with the Isle of Wight Hunt Club for an additional year which will generate an additional $2,398 in revenue. The public hearing was opened and citizens in opposition to or in favor of were requested to speak. Upon no one appearing to speak, Supervisor Acree moved, with all those present voting in favor (5-0), that the lease renewal extension to the Isle of Wight Hunt Club be approved. B. Proposed Extension of Lease Agreement with Mill Swamp Hunt Club County Attorney Popovich advised that, if approved, the leasing of the property to the Club would generate an additional $14,175 in revenue. Marcus Wells of Mill Swamp Road appeared and spoke in favor of the Club's lease renewal. Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed lease. Andy Stiltner of Modest Neck Road, President of Mill Swamp Hunt Club, spoke in favor of the extension of the lease. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Acree spoke in favor of this land being available for use by the County's citizens. He noted a concern with the lack of current relationship with the adjoining property owners if the land is maintained by the Game & Inland Fisheries Department. Upon motion of Supervisor Acree, all those present voting in favor (5-0), the lease renewal extension to the Mill Swamp Hunt Club was approved. C. Ordinance to Vacate Public Interest in Robertson Lane County Attorney Popovich advised that a deed had been recorded in 1916 granting 1,200 yards of a 30 -foot wide strip of land to the County as a public road, W but a court order was discovered that indicated that the road was a private lane. He stated he is unaware of the County ever maintaining the roadway and understands that it has always been used exclusively by the individuals who reside on Robertson Lane for ingress and egress. He recommended that the County's interest be abandoned in that property to ensure that the County has no responsibility for that roadway in the future. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed abandonment. Upon no one appearing, the public hearing was closed and comments solicited by the Board. Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the Ordinance was adopted. D. Proposed Deed of Easement to the Town of Smithfield as Part of Drainage Solution Chairman Alphin opened the public hearing and called for citizens to speak in favor of or in opposition to the proposed deed. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. There being none offered, on motion of Supervisor Jefferson, all those present voting in favor (5-0), the deed was approved. E. Chapter 11, Motor Vehicles and Traffic, Ordinance Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. There being no Board comments, upon motion of Supervisor Jefferson, all those present voting in favor (5-0), the following Ordinance was adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11. MOTOR VEHICLES AND TRAFFIC, 6 WHEREAS, the Board of Supervisors has enacted an ordinance related to motor vehicles and traffic, all in accordance with the applicable provisions of the Code of Virginia (1950, as amended); and WHEREAS, in order to ensure that such ordinance continues to comply with those provisions of the Code of Virginia, as they may have been amended by the General Assembly since the enactment of the ordinance, the Board of Supervisors now believes it appropriate to make certain necessary and required revisions and/or modifications to its ordinance to better comply with state law; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 11. Motor Vehicles and Traffic. be amended and reenacted as follows: CHAPTER 11. - MOTOR VEHICLES AND TRAFFIC. For state law as to authority of county to regulate motor vehicles and traffic on highways, see Code of Va., § 46.2-1300 et seq. As to motor vehicles and traffic generally, see Code of Va., tit. 46.2. Article I. - In General. Sec. 11-1. — Definitions. Wherever the term "motor vehicle" or "vehicle" is used in this chapter, the same shall be held to refer to and mean "motor vehicle" or "vehicle" as defined in Section 46.2-100 of the Code of Virginia (1950, as amended), as it may be amended from time to time. Sec. 11-2. - Adoption of state law. Pursuant to the authority granted the county of Isle of Wight by Section 46.2-1313 of the Code of Virginia (1950, as amended), all of the provisions and requirements of the laws of the Commonwealth contained in Title 46.2, of Article 9 (Section 16.1-278 et seq.) of Chapter 11 of Title 16.1, and of Article 2 (Section 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia (1950, as amended), except those provisions and requirements the violation of which constitute a felony, and except those provisions and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. The adoption of the ordinance codified in this section incorporating the aforesaid provisions of the Code of Virginia by reference, is to include any and all changes and amendments thereto heretofore and hereafter made by the General Assembly of Virginia as if specifically set forth herein. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutondis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate and fail, neglect or refuse to comply with any provision of Title 46.2 or of Article 2 (Section 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense 7 under Title 46.2 or Article 2 (Section 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia. (6-5-75; 10-19-89; 8-18-94; 6-20-96; .} (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-1313.) Sec. 11-3. – Compliance with chapter; general Penalty for violations. (a) It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulations promulgated pursuant thereto. (b) Every person convicted of a violation of any of the provisions of this chapter when such violation does not constitute a felony, or who is convicted of violating any rule or regulation promulgated pursuant to this chapter, for which no other penalty is provided shall, for a first conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or by imprisonment in jail for not less than one (1) nor more than ten (10) days, or both; for a second such conviction within one (1) year, such person shall be punished by a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200.00) or by imprisonment in jail for not less than one (1) nor more than twenty (20) days, or both; for a third or subsequent conviction within one (1) year such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or by imprisonment in jail for not less than ten (10) days nor more than thirty (30) days, or both. (STATE LAW REFERENCE – As to penalties for violation of ordinance generally, Code of Virginia, Sec. 15.2-1429; prohibition against imposing penalties in excess of that imposed for similar offense by the state, Code of Virginia, Sec. 46.2-1300; penalty for violation of motor vehicle and traffic regulations generally, Code of Virginia, Sec. 46.2-113.) Sec. 11-4. –Authority of sheriff to move vehicle involved in accident. Whenever a motor vehicle, trailer or semitrailer involved in an accident is found upon a highway in the county and is so located as to impede the orderly flow of traffic, the sheriff may (i) at no cost to the owner or operator, remove such motor vehicle, trailer or semitrailer from the highway to some point in the vicinity where such motor vehicle, trailer or semitrailer will not impede the flow of traffic or (ii) have the vehicle removed to a storage area for safekeeping and shall report the removal to the Department of Motor Vehicles of the Commonwealth and to the owner of the vehicle as promptly as possible. If the vehicle is removed to a storage area under clause (ii), the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage. (STATE LAW REFERENCE – Authority for above section, Code of Virginia, Sec. 46.2- 1212.) Sec. 11-5. – Railroad cars obstructing crossings; standing vehicle on railroad track. It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five (5) minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three (3) minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road. Any such railroad company, receiver or trustee, violating any of the provisions of this section shall be fined not less than $100 nor more than $500; provided the fine may be $100 for each minute beyond the permitted time but the total fine shall not exceed $500. This section shall not apply when the train is stopped due to breakdown, mechanical failure or emergency. (STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 56- 412.1 and Sec. 56-412.2.) Sec. 11-6. — Reckless driving on certain parking lots. (a) For the purpose of this section, a "parking lot" is defined as any parking lot open to the public and designed to accommodate fifty (50) or more vehicles, as well as any privately owned road or street serving as access to the actual parking area and connecting thereto, provided the road or street is also open to the public. (b) A person shall be guilty of reckless driving and a Class 1 misdemeanor if such person: (1) Operates a motor vehicle upon a parking lot twenty (20) miles per hour or more in excess of any posted speed limit; or (2) Operates a motor vehicle upon a parking lot recklessly or at a speed or in a manner so as to endanger the life, limb or property of any person. (STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 46.2- 1219; similar provisions applicable to highways, Secs. 46.2-852, 46.2-863 and 46.2-881.) Sec. 11-7. - Washing and greasing vehicle on highway or sidewalk. No person shall wash, polish or grease a vehicle upon a highway or sidewalk, nor shall the owner of a vehicle permit it to be washed, polished or greased upon a highway or sidewalk. A violation of this section shall constitute a Class 4 misdemeanor. (10-1-92; .) Sec. 11-8. - Keeping of inoperative motor vehicles. (a) Definitions as used in this section: (1) Motor vehicle or vehicle means any motor vehicle, trailer or semi- trailer, or any part thereof, as defined in Section 46.2-100 of the Code of Virginia (1950, as amended). (2) Inoperative vehicle means any vehicle (i) which is not in operating condition; or (ii) which, for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or 9 plates; or (iii) on which there are displayed no valid state license (iv) on which there is displayed no valid state inspection decal. This definition of "inoperative vehicle" shall not include a registered and licensed antique vehicle, classic vehicle, or prestige vehicle so long as the vehicle is in operating condition. (3) Shielded or screened from view means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located by using one of the following methods: (i) a form fitted, defect -free cover specifically designed and manufactured to completely shield the motor vehicle, trailer or semi -trailer from view; or (ii) a hedge or dense evergreen landscape planting not less than six (6) fee high and ten (10) feet wide that is neat and well maintained; or (iii) an opaque masonry wall or treated wood fence of stockade, board and batten, panel or similar type design in good repair of nto less than six (6) fee high and ten (10) feet wide, provided such wall or fence meets the restrictions of the Isle of Wight County Zoning Ordinance as set forth in Appendix B of the Isle of Wight County Code. (b) The keeping by any any person, firm or corporation, except within a fully enclosed building or structure or otherwise shielded or screened from view, of any inoperable motor vehicle on any property zoned for residential, commercial or agricultural purposes if it is detrimental to the public health, safety and welfare, and is hereby declared to constitute a public nuisance. (c) It shall be unlawful for any person, firm or corporation to keep on any property zoned for residential, commercial or agricultural purposes any vehicle which is inoperative, except as follows: (1) on property less than two (2) acres, one (1) inoperative vehicle, including any portions thereof, may be kept provided they are shielded or screened from view; or (2) on property two (2) acres and larger, two (2) inoperative vehicles, including any portions thereof, may be kept provided they are shielded or screened from view; or (3) the inoperative vehicle is kept at a commercial business in compliance with the county's zoning regulations covering such business and/or a conditional use permit has been issued for the operation of such business; or (4) an inoperative vehicle being repaired at an automobile repair business may be kept at such property for no more than sixty (60) continuous days; or (5) the inoperative vehicle is kept within a fully enclosed building or structure. (d) The provisions of this section shall not apply to any entity which was licensed and regularly engaged in business as an automobile dealer, salvage dealer or scrap processor, as of June 26, 1970. (e) Any person violating this section shall be guilty of a Class 1 misdemeanor. Each day's continuation of a violation of this section shall be deemed a separate offense. (f) Any person who is a first time violator of this section may be found guilty of a Class 4 misdemeanor if the property is in compliance before the time of trial. 10 (g) The Zoning Administrator and Code Enforcement Officer are hereby authorized to take any action necessary to ensure compliance with this section. (STATE LAW REFERENCE — Authority to restrict keeping of inoperative vehicles, Code of Virginia, Sec. 15.2-904(A).) Sec. 11-9. — Removal of inoperative vehicles. (a) The owner of real property shall remove therefrom any inoperative motor vehicle which is kept in violation of Section 11-8 above. (b) The county, through its agents and employees, may remove any inoperative vehicle, which is kept in violation of Section 11-8 above, after ten (10) days' notice to the owner of the real property upon which such vehicle is located. (c) After the county has removed an inoperative vehicle, in accordance with the preceding subsection, the county may dispose of such vehicle, after giving ten (10) days' notice to the owner of the vehicle, or, if the name of the owner of the vehicle cannot be reasonably ascertained, after giving ten (10) days' notice to the owner of the real property upon which such vehicle is located. (d) The cost of any removal pursuant to this section shall be chargeable (i) to the owner of the vehicle and/or (ii) to the owner of the real property upon which such vehicle was located. The liability of all such persons shall be joint and several. (e) The costs of any removal pursuant to this section may be collected by the county as taxes and levies are collected. (f) Every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien, against the property from which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the county. (STATE LAW REFERENCE — Authority to restrict keeping of inoperative motor vehicles and removal of such vehicles, Code of Virginia, Sec. 15.2-904.) Article 11. - Motor Vehicle License Fee. For state law as to authority of county to impose license fee on vehicles, see Code of Va., §§ 46.2-752, 46.2-753. As to licenses generally, see Ch. 10 of this Code. Sec. 11-10. — Definition. As used in this article, the word "resident" shall mean and include: (a) Any person having a place of abode in the county for more than thirty (30) days irrespective of any intention on the part of the person to return to or establish a residence outside of the county at some future date; or (b) Any corporation or firm having an office or place of business in the county. Sec. 11-11. — Penalty for violation of article. Any person violating any provision of this article shall be guilty of a Class 4 misdemeanor. No violation of this article shall be discharged by payment of a fine except upon presentation of satisfactory evidence that the required registration has been made. (STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 46.2- 752.) 11 Sec. 11-12. — Disposition of revenue. Revenue derived under this article shall be paid into the general fund of the county. Sec. 11-13. — License required; exception. (a) It shall be unlawful for any resident of the county to own or have in his custody or under his control a motor vehicle which is normally garaged, stored or parked in the county, unless such vehicle is currently licensed pursuant to this article. (b) This section shall not apply to any vehicle that is not required to have an annual or biannual state vehicle registration. (STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 46.2- 752.) Sec. 11-14. — License fee required generally. (a) Except as otherwise provided, on each motor vehicle and motorcycle required to be registered under this article there shall be a vehicle fee as set forth for each type of vehicle in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended from time to time. (b) Every owner of a motor vehicle which becomes subject to this article shall pay the license fee herein prescribed and otherwise comply with the provisions of this article. (c) If a town within Isle of Wight County imposes like fees on vehicles of owners resident in the town, the owner of any vehicle subject to the fees shall be entitled, on the owner's displaying evidence that he has paid the fees, to receive credit on the fees imposed by this county to the extent of the fees he has paid to the town. Provided, however, not more than one license plate in addition to the state plate shall be required. (d) Isle of Wight County may enter into compacts for the regional enforcement of local motor vehicle license requirements to require the owner or operator of any motor vehicle, trailer, or semitrailer to display on his vehicle a valid local license issued by another county, city, or town that is a party to the regional compact, provided that the owner or operator is required by the jurisdiction of situs, as provided in Section 58.1-3511 of the Code of Virginia (1950), as amended, to obtain and display such license. (1-4-68, §§ 2, 10; 1-6-77, § 4; 11-19-81, § 1; 8- 16-90, § 1; 10-16-97; 9-21-06; 4-19-07.) (STATE LAW REFERENCE -- Authority for above section, Code of Virginia, Sec. 46.2- 752.) Sec. 11-.15. - Exception. Notwithstanding any other provisions of this article, a resident of the county who owns a motor vehicle shall not be required to pay a license fee if such motor vehicle is stored on private property for a period of not in excess of sixty (60) days, for the purpose of removing parts for the repair of another vehicle. In addition, nothing in this article shall apply to any vehicle being held or stored by or at the direction of any governmental authority, to any vehicle owned by a member of the armed forces on active duty, or to any vehicle regularly stored within a structure, or to any vehicle not operated on public rights-of-way. For 12 purposes of this section, the term "structure" shall have the same meaning as that ascribed to it in accordance with the Isle of Wight County Zoning Ordinance, as it may be amended from time to time. (4-19-07; 1-17-08; ,} Sec. 11-16. - Tax year. (a) After a motor vehicle has been assessed for personal property tax purposes by the commissioner of the revenue, or registered with and assessed by the commissioner of revenue for personal property tax purposes, the county treasurer shall mail to the taxpayer a bill for the license fee. The license fee shall be listed as a separate item on each year's annual personal property tax bill and shall be due on or before December 5 or as indicated on the tax bill. (b) Upon payment of the license fee prescribed by this article and compliance with all other applicable provisions of this article, the county treasurer shall mark the records to indicate that the license fee has been paid for the taxpayer's vehicle for which the license fee was charged. (1-4-68, § 4; 1-6-77, § 1; 9-21-06; 4- 19-07; 9-26-06; 4-19-07;7-16-99; 8-20-09; 8-21-04; .} Sec. 11-17. - Applications; issuance. Every owner of a motor vehicle subject to this article shall make application for the license herein required to the county treasurer at such place or places as the treasurer may designate, upon form prescribed by the treasurer, containing the name and address of the owner and description of the motor vehicle to be licensed, and, upon such form shall appear the registration number assigned to the motor vehicle licensed hereunder and to the owner thereof. No motor vehicle subject to this article shall be locally licensed by the county unless and until the applicant for such license shall have produced satisfactory evidence to the treasurer of the county that all personal property taxes upon the motor vehicle to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle, trailer or semitrailer personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by the county. Provided, further, that no motor vehicle license shall be issued unless the tangible personal property taxes properly assessed or assessable by Isle of Wight County on any tangible personal property used or usable as a dwelling titled by the department of motor vehicles owned by the taxpayer have been paid. And, provided further, that if the situs for the vehicle is within Isle of Wight County, all personal property taxes assessed by either the county or the town on said vehicle must be paid before licensure of such vehicle by either the county or the town. (1- 4-68, § 6; 11-19-81, § 3; 12-5-85; 9-4-86; 8-16-90, § 2; 9-21-06; 4-19- 07; .) Sec. 11-18. - Special exemptions. A license fee, as more specifically set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended from time to time, is hereby imposed on the following: each National Guard license plate with "NG" and each farm truck license plate with an "I^". Vehicles with "Farm Use" license plates are not subject to a license fee. Local licenses may be issued free of charge for any and all of the following: (i) Vehicles owned by volunteer rescue squads; (ii) Vehicles owned by volunteer fire departments; (iii) Vehicles owned by active members of volunteer rescue squads; 13 (iv) Vehicles owned by active members of volunteer fire departments; (v) Vehicles owned by auxiliary police officers; (vi) Vehicles owned by disabled veterans; (vii) Vehicles owned by former prisoners of war; (viii) Vehicles owned or leased by deputy sheriffs; (ix) Vehicles owned or leased by police officers; (x) Vehicles owned or leased by officers of the state police; (xi) Vehicles owned or leased by salaried firefighters; (xii) Vehicles owned or leased by salaried emergency medical technicians; and (xiii) Vehicles owned by former members of volunteer rescue squads or former members of volunteer fire departments who have served at least ten years in Isle of Wight County. In the case of active members of volunteer rescue squads, volunteer fire departments and auxiliary police officers, applications for such licenses shall be accompanied by written evidence, in a form acceptable to the Isle of Wight County Treasurer, of their active membership, and no member shall be issued more than one such license free of charge. (1-4-68, § 3; 1-2-75, § 1; 10-6-77; 9-21- 89; 8-16-90, § 3; 12-3-92; 9-21-06; 4-19-07; 9-20-07; 4-16-09; Ord. No. 2013-9-C, 6-20-13; 8-21-04; .} (STATE LAW REFERENCE - Authority of the County to grant exceptions to motor vehicle license taxes, Code of Virginia, Sec. 46.2-752.) Sec. 11-19. - Proration; refunds. In no event shall an owner of a motor vehicle subject to this article be entitled to proration or refund of the license fee. (1-4-68, § 5; 1-2-75, § 2; 1-6-77, § 2; 11-19- 81, § 5; 9-21-06; 4-19-07; } Sec. 11-20. - Upon sale or transfer of licensed vehicle. Any owner of a motor vehicle who sells or transfers a motor vehicle subject to this article and simultaneously therewith acquires another motor vehicle subject to this article in such owner's name shall, upon application to the treasurer on forms prescribed by the treasurer containing the name and address of the owner, the registration number of the license previously issued for and a description of the motor vehicle for which such license had been issued and the name and address of the owner and a description of the motor vehicle so acquired to be licensed and the payment to the treasurer of a license fee, be issued another license and registration number for each motor vehicle so acquired; provided, that the motor vehicle for which such license and registration number are to be issued and upon which the same are to be used shall be titled and registered in the name of the owner to whom the license and registration number was originally issued. (1-4-68, §§ 7, 8; 1-2-75, § 3; 1-6-77, § 3; 9-21-06; 4-19-07; Sec. 11-21. - Records. The Isle of Wight County Treasurer shall keep a record of each license fee paid, license issued, and registration number given, along with the name and address of the owner of the motor vehicle to whom such license is issued and a description of the motor vehicle for which such license is issued. (1-4-68, § 11.; 9-21-06; 4-19- 07; . ) 14 Sec. 11-22. - Enforcement of article generally. This article shall be enforced by the sheriff, deputy sheriffs and all police officers of the county and may also be enforced by the Virginia State Police, all of whom are hereby authorized and empowered to issue the summons or notice for violations of this article. (1-4-68, § 13; 9-21-06; 4-19-07; .} Sec. 11-23. - Arrests and warrants. Whenever any person is arrested for a violation of any provision of this article, the arresting officer shall take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify such person in writing to appear at a time and place to be specified in such summons or notice, such time to be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing. Such arresting officer shall thereupon and upon the giving by such person of his written promise to appear at such time and place forthwith release him from custody. Any person refusing to give such written promise to appear shall be taken immediately by the arresting officer before an officer authorized to issue criminal warrants and admit to bail in the county. Such authorized officer, if he has reasonable grounds upon which to believe that the person arrested has violated any of the provisions of this article, shall issue a warrant for such violation. The person arrested shall be released if no warrant is issued or upon entering into a recognizance with surety or giving his personal recognizance and depositing, or causing to be deposited, in cash the amount of bail required to be furnished with such judicial officer. Such judicial officer shall give an official receipt for funds so deposited. (1-4-68, § 14; 9-21-06; 4-19-07; .} Sec. 11-24. - Certain unlawful acts enumerated. It shall be unlawful for any person subject to this article: (a) To operate a motor vehicle subject to this article upon the public streets, highways and roads in the county, after December 5th of each and every license tax year, without first paying the license tax prescribed herein; (b) To willfully violate any written promise, given in accordance with this article to appear at the time, place and before the county designated in any written summons or notice issued pursuant to and for any violation of this article and which shall be in addition to and regardless of the disposition of the charge upon which he was originally summoned; or (c) To make and file a false application for a license or a false affidavit. (1-4-68, § 15; 9-21-06; 4-19-07; .) Sec. 11-25. - Late payments; collections; penalties. (a) Any person failing to properly pay the license tax set forth herein shall be subject to late payment penalties and/or a collection 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. (b) Any person violating any of the provisions of this article shall be deemed guilty of a Class 4 misdemeanor, and, upon conviction thereof, shall be punished by fine not to exceed two hundred fifty dollars. A violation of this article may not be discharged by payment of a fine except upon presentation of satisfactory 15 evidence that the required license tax has been paid. (1-4-68, § 17; 11-19-81, § 4; 8-16-90, § 4; 9-21-06; 4-19-07; 5-1-14; .} Article III. — Abandoned, Immobilized, Unattended and TrespassingVehicies. For state law as to abandoned, immobilized, unattended and trespassingvehicles, see Code of Va., §§ 46.2-1200 to 46.2-1239. Sec. 11-26. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Abandoned motor vehicle.\A motor vehicle, trailer, semitrailer that: (a) Is left unattended on public property for more than forty-eight (48) hours in violation of a state or local ordinance; or (b) Is left unattended on the shoulder of a primary highway; or (c) Has remained for more than forty-eight (48) hours on private property without the consent of property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the property. Demolisher.\Any person whose business is to crush, flatten, or otherwise reduce a vehicle to a state where it can no longer be considered a vehicle. Garage keeper.\Any operator of a parking place, motor vehicle storage facility or establishment for the servicing, repair or maintenance of other vehicles. (10-3-74, §§1, 5.) Sec. 11-27. - Employment, hiring, etc., of persons by county for disposition. The county may employ its own personnel, equipment and facilities or hire persons, equipment and facilities or firms or corporations who may be independent contractors for the purpose of removing, preserving and storing abandoned motor vehicles. (10-3-74, § 2.) Sec. 11-28. - Notice to owner of vehicle taken into custody. When the county takes into custody an abandoned motor vehicle, the county administrator shall notify within fifteen days thereof, by registered mail, return receipt requested, the owner of record of the motor vehicle and all persons having security interests therein of record, that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any persons having security interests of their right to re-claim the motor vehicle within three weeks after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or persons having security interests to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner, and all persons having any security interests, of all right, title and interest in the vehicle, and consent to the sale of the abandoned motor vehicle at a public auction. If records of the state division of motor vehicles contain no address for the owner or no address of any person shown by such records to have a security interest, or if the identity and addresses of the owner and all persons having security IR interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice as to any person who cannot be notified pursuant to the provisions of the preceding paragraph of this section. Such notice by publication may contain multiple listings of abandoned motor vehicles. Any such notice shall be within the time requirements prescribed for notice by mail and shall have the same contents required for a notice by mail. The consequences and the fact of failure to reclaim an abandoned motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section. (10-3-74, § 3.) Sec. 11-29. - Sale of vehicle at public auction. If an abandoned motor vehicle has not been reclaimed as provided for in the preceding sections, the county or its authorized agent shall sell the abandoned motor vehicle at public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership of others, shall receive a sales receipt from the sale, and shall be entitled to apply to and receive from the Virginia Department of Motor Vehicles a certificate of title and registration card for the vehicle. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling, and, in such case, no further titling of the vehicle shall be necessary. From the proceeds of the sale of an abandoned motor vehicle, the county or its authorized agent shall reimburse the county for the expenses of the auction, the cost of towing, preserving and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to this article. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interests therein, as their interests may appear, for sixty (60) days, and then shall be deposited into the treasury of the county. (10-3- 74, § 4.) Sec. 11-30. - Vehicles abandoned in garages. Any motor vehicle, trailer or semitrailer or part thereof left for more than ten (10) days in a garage operated for commercial purposes after notice by registered or certified mail, return receipt requested, to the owner to pick up the vehicle, or for more than ten days after the period when, pursuant to contract, the vehicle was to remain on the premises, shall be deemed an abandoned motor vehicle, and may be reported by the garage keeper to the county administrator. All abandoned motor vehicles left in garages may be taken into custody by the county in accordance with this article and shall be subject to the notice and sale provisions as provided in this article; provided, that if such vehicle is reclaimed in accordance with the preceding sections, the person reclaiming such vehicle shall, in addition to the other charges required to be paid, pay the charges of the garage keeper, if any; provided further, that if such vehicle is sold as hereinabove provided, the garage keeper's charges, if any, shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving and storing such vehicle which resulted from placing such vehicle in custody and all notice and publication costs incurred. (10-3-74, § S.) 17 Sec. 11-31. - Disposition of inoperable abandoned vehicles—Generally, When, in the opinion of the authorized agent of the board of supervisors designated by the board of supervisors to have duties which include the disposal of abandoned vehicles, any motor vehicle, trailer, semitrailer or part thereof which is inoperable and which, by virtue of its condition, cannot be feasibly restored to operable condition, may be disposed of to a demolisher, without the title and without the notification procedures, by the person, firm, corporation, or political subdivision on whose property or in whose possession such motor vehicle, trailer or semitrailer is found. The demolisher, upon taking custody of such motor vehicle, trailer or semitrailer shall notify the state division of motor vehicles, on forms and in the manner prescribed by the commissioner of the state division of motor vehicles and, notwithstanding any other provision of law, no other report or notice shall be required in such instance. (10-3-74, § 6.) Sec. 11-32. - Same—Certificate of title not required; records. (a) Any demolisher who purchases or otherwise acquires a motor vehicle for purposes of wrecking, dismantling or demolition shall not be required to obtain a certificate of title for such motor vehicle in his own name. After the motor vehicle has been demolished, processed or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender to the Virginia Department of Motor Vehicles the certificate of title or sales receipt therefor for cancellation. (b) A demolisher shall keep an accurate and complete record of all motor vehicles purchased or received by him in the course of his business. These records shall contain the name and address of the person from whom each such motor vehicle was purchased or received and the date when such purchases or receipts occurred. Such records shall be open for inspection by the Virginia Department of Motor Vehicles at any time during normal business hours. (10-3-74, § 7.) Sec. 11-33. - Same—Certification of disposal; application for reimbursement of county. When an inoperable abandoned motor vehicle, trailer, semitrailer or major portion thereof has been left on property located within the county in accordance with the provisions of this article, the county administrator or other authorized agent of the board of supervisors shall so certify to the Virginia Department of Motor Vehicles, upon forms provided by the Department, and apply for reimbursement in the sum of fifty dollars ($50.00) for each motor vehicle disposed of and shall otherwise comply with the rules and regulations as the commissioner of the division of motor vehicles may make with reference thereto. No reimbursement shall be made on vehicles acquired from sources outside the county's jurisdiction nor on vehicles received from dealers engaged in the business of dismantling used automobiles. (10-3-74, § S.) Sec. 11-34. – Authority to remove_ and _store unattended vehicles - generally. (a) Whenever any motor vehicle, trailer or semitrailer is found on the public highways or public grounds unattended by the owner or operator and the vehicle constitutes a hazard to traffic or is parked in such a manner as to be in violation of law or whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten (10) days upon any public property or privately owned property other than the property of the owner of such motor vehicle, trailer or semitrailer, within the county or is abandoned upon such public property or privately owned property, without the permission of the owner, lessee or occupant thereof, such motor vehicle, trailer or semitrailer may be removed for safekeeping by or under the direction of a member of the Sheriff's Department to a storage garage or area. (b) No vehicle shall be removed under this section from privately owned property without the written request of the owner, lessee or occupant of said property. The person at whose request such vehicle is removed from privately owned property shall indemnify the county against any loss or expense by reason of removal, storage or sale thereof. (c) For purposes of this section, it shall be presumed that a motor vehicle, trailer, or semitrailer or part thereof is abandoned if: (1) It lacks either (i) a current license plate or (ii) a valid state inspection certificate or sticker; and (2) It has been in a specific location for ten (10) days without being moved. Sec. 11-35. — Sale of personal property found in vehicle. Any personal property found in any unattended or abandoned motor vehicle, trailer or semitrailer may be sold incident to the sale of such vehicle. Article IV. - Parking. Sec. 11-36. - Stopping on highway generally. (a) No person shall stop a vehicle in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency, an accident, or mechanical breakdown. In the event of such an emergency, accident or breakdown, the emergency flashing lights of such vehicle shall be turned on, if the vehicle is equipped with such lights and such lights are operating, and a report of the vehicle's location shall be made to the nearest police officer as soon as practicable and the vehicle shall be moved from the roadway to the shoulder as soon as possible and removed from the shoulder without unnecessary delay. If such vehicle is not promptly removed, such removal may be ordered by a police officer, at the expense of the owner, if the disabled vehicle creates a traffic hazard. (b) No vehicle shall be stopped except dose to and parallel to the right edge of the curb or roadway, except that a vehicle may be stopped close to and parallel to the left curb or edge of the roadway on one-way streets or may be parked at an angle in cul-de-sacs and where angle parking is otherwise permitted. (c) No vehicle shall be stopped at or in the vicinity of a fire, vehicle or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with police, fire fighters, rescue workers or others whose duty it is to deal with such emergencies. Any vehicle found unlawfully parked in the vicinity of such fire, accident or area of emergency may be removed by order of a police officer or, in the absence of a police officer, by order of the uniformed fire or rescue officer in charge, at the risk and expense of the owner, if such vehicle creates a traffic hazard or interferes with the necessary procedures of police, fire fighters, rescue workers or others whose assigned duty it is to deal with such emergencies. The charge for such removal shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such as press, radio and television, when being used for the gathering of news, shall be exempted from the provisions of this subsection, except when actually obstructing the police, fire fighters and rescue workers dealing with such emergencies. (d) The provisions of this section shall not apply to any vehicle owned or controlled by the state department of transportation or the county, while actually engaged in the construction, reconstruction, maintenance, or emergency road clearance of highways. (10-1-92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-888- 46.2-891.) Sec. 11-37. - Stopping on highway by rural mail carriers. (a) The provisions of subsection (a) of section 11-36 shall not apply to any rural mail carrier stopping on the highway while loading or unloading mail at a mailbox. (b) Nothing in this section shall be construed so as to relieve any mail carrier from civil liability for stopping on any highway, if he is negligent in so doing, and if such negligence proximately contributes to any personal injury or property damage resulting therefrom. (10-1-92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-892.) Sec. 11-38. - Stopping on highway to take on or discharge cargo or passengers. No truck or bus, except a school bus, shall be stopped wholly or partially on the traveled portion of any highway in the county outside of a town for the purpose of taking on or discharging cargo or passengers, unless the operator cannot leave the traveled portion of the highway with safety. A school bus may be stopped on the traveled portion of a highway when taking on or discharging school children, but such stops shall be made only at points where the bus can be clearly seen for a safe distance from both directions. (10-1-92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-893.) Sec 11-39._ -Warning signals when vehicle disabled on highway—Flares, torches, etc. (a) Whenever any bus, truck, trailer, house trailer or mobile home is disabled and stops on any roadway in this county, at any time during which lights are required on motor vehicles, the operator of such bus, truck, trailer, house trailer or mobile home shall place or cause to be placed on the highway three (3) red flares or torches of a type approved by the superintendent. One of the flares or torches shall be placed in the center of the lane of traffic occupied by the disabled vehicle and not less than one hundred (100) feet therefrom in the direction of traffic approaching in that lane, a second not less than one hundred (100) feet from such vehicle in the opposite direction and a third at the traffic side of such vehicle not closer than ten (10) feet from the front or rear thereof. If such vehicle is disabled within five hundred (500) feet of a curve or crest of a hill or other obstruction to view, the flares or torches in that direction shall be so placed as to afford ample warning to other users of the highway, but in no such case less than five hundred (500) feet from the disabled vehicle. Red reflectorized triangular warning devices, of a type approved by the superintendent, may be used in lieu of flares or torches. (b) If any vehicle referred to in subsection (a) of this section is used for the transportation of inflammable liquids in bulk, whether loaded or empty, or for transporting inflammable gases, red flares or red electric lanterns, of a type 20 approved by the superintendent, shall be used. Such reflectors or lanterns shall be lighted and placed upon the roadway in the manner provided in subsection (a) of this section. (10-1-92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-111.) Sec. 11-40. - Same—Red flags. (a) During such time as lights on motor vehicles are not required, red flags, not less than twelve (12) inches both in length and width, shall be used in place of the flares, torches, reflectors or lanterns required by section 11-39. The flags shall be placed upon the roadway in the manner prescribed in section 11-26 for flares, torches, reflectors and lanterns, except that no flag shall be required to be placed at the side of the vehicle. If the disablement of the vehicle continues into the period when lights on motor vehicles are required, flares, torches, reflectors or lanterns shall be placed as required by section 11-39. (b) Red reflectorized triangular warning devices, of a type approved by the superintendent, may be used in lieu of the flags required by this section. (10-1- 92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-111.) Sec. 11-41. - Use of all four turn signals when vehicle stopped in hazardous position. The operator of a motor vehicle, trailer or semitrailer, when temporarily stopped on the traveled or paved portion of the highway so as to create a traffic hazard, shall flash all four (4) turn signals simultaneously to signal approaching motorists of the existing hazard, whenever such vehicle is equipped with a device which will cause the four (4) turn signals to flash simultaneously. All four (4) turn signals may be flashed simultaneously on a vehicle stopped at the scene of a traffic hazard when traveling as part of a funeral procession, or when traveling at a speed of thirty (30) miles per hour or less. Except for vehicles traveling in a funeral procession, all four turn signals shall not be flashing simultaneously while the vehicle is traveling faster than thirty (30) miles per hour. (10-1-92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-1040.) Sec. 11-42. - Brake to be set, motor stopped and wheels turned to curb when leaving vehicle unattended. No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended, without first effectively setting the emergency or parking brake thereon, stopping the motor and turning the front wheels into the curb or side of the roadway. (10-1-92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-1071.) Sec. 11-43. - General parking prohibitions. (a) No person shall park a vehicle, except when necessary to avoid other traffic or in compliance with the directions of a police officer or traffic -control device, in any of the following places: (1) On a sidewalk; (2) Within an intersection; (3) In front of a public or private driveway; (4) Within fifteen (15) feet of a fire hydrant; (5) On a crosswalk; 21 (6) Within twenty (20) feet of a crosswalk at an intersection; provided that, where there is no crosswalk at an intersection, no person shall park a vehicle within twenty (20) feet from the intersection of curblines or, if none, within fifteen (15) feet of the intersection of property lines; (7) Within thirty (30) feet of any flashing beacon, stop sign or traffic -control signal located at the side of a roadway; (8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings; (9) Within fifty (50) feet of the nearest rail of a railroad grade crossing; (10) Within fifteen (15) feet of the driveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of the entrance, when properly signposted; (11) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic; (12) On the roadway side of any vehicle parked at the edge or curb of a street or so as to leave more than (2) feet between the vehicle and the edge or curb, measured at the nearest point of the vehicle to the curb or edge; (13) Upon any bridge or other elevated structure upon a highway or within a tunnel or underpass; (14) At anyplace where official signs prohibit parking. (b) Law-enforcement officers may move motor vehicles to any place they may deem expedient without regard to the provisions of this section, when acting in the performance of their lawful duties. (10-1-92.) Sec. 11-44. - Restricted parking zones on county -owned property. (a) The county administrator is hereby authorized and directed to designate specific areas upon county -owned property to be known as restricted parking zones, where vehicular traffic is such as to require restrictions upon parking of motor vehicles, to designate the types of motor vehicles which may be permitted to park in the restricted parking zones, to designate the time, place and manner in which such vehicles may be parked in restricted parking zones and to make rules and regulations as parking conditions may require in various restricted parking zones and under the varying conditions which may prevail at different times. It shall be the duty of the county administrator, upon the adoption of such regulations and before the same shall become effective, to give public notice thereof by establishing and posting signs or by other means which may be reasonably adequate to readily inform the operators of vehicles in restricted parking zones of the existence, nature and requirements of such regulations. (b) It shall be unlawful for any person to park any motor vehicle of a type or in a manner which violates the provisions of any rule or regulation restricting the parking of motor vehicles on county -owned property adopted and promulgated in accordance with this section. (10-1-92.) (STATE LAW REFERENCE --Authority for above section, Code of Virginia, Sec. 46.2- 1220.) Sec. 11-45. - Parking prohibited or restricted in specified places. (a) Vehicle classifications. ..... For purposes of this section 11-45, the classification of vehicles shall be as follows: (1) Commercial vehicle: 22 (i) Any vehicle with a gross vehicle weight of ten thousand pounds or more, or a length of twenty-one feet or more, including trailers or other attachments; (ii) Any vehicle, regardless of size, used in the transportation of hazardous materials as defined in Section 103 of the Federal Hazardous Materials Transportation Act (49 C.F.R. Part 172, Subpart F); (iii) Any heavy construction equipment, whether located on the street or on a truck, trailer or semi -trailer; (iv) Any solid waste collection vehicle, tractor truck or tractor truck/semi-trailer or tractor/truck combination, dump truck, concrete mixer truck, or towing or recovery vehicle; or (v) Any trailer, semi -trailer or other vehicle in which food or beverages are stored or sold. (2) Passenger -carrying vehicle: (i) Any vehicle designed to carry sixteen or more passengers, including the driver; or (ii) Any vehicle licensed by this Commonwealth for use as a common or contract carrier or as a limousine. (3) Recreational vehicle: ..... A self-propelled device designed or used for transporting persons or property for or in connection with recreation, as distinguished from mere transportation, having a gross vehicle weight of ten thousand pounds or more, a length of twenty-one feet or more, including motor homes and campers. (4) Trailers or other attachments:..... A device, whether or not self-propelled, designed or used for transporting property including such things as motorcycles, travel trailers, campers, boats and automobiles. (b) Designation of specific vehicle classification and areas subject to restriction: ..... No person shall park any commercial vehicle, passenger -carrying vehicle, recreational vehicle or trailers or other attachments on any road, highway or street within the state's secondary system of highways in any of those areas or subdivisions in the county described below: (1) Gatling Pointe (North and South). In the case of subdivisions, the areas governed by this section 11-45 shall be those areas commonly known by the names listed above and designated on the plats of subdivision recorded in the Isle of Wight County Circuit Court Clerk's Office. Such restrictions shall have no application to any privately owned street, or any street owned by a property owners' association within the listed areas. In the event a street serves as the dividing line between a designated residential subdivision and an adjoining commercial zoning district, the parking restrictions shall apply only on the residentially zoned side of the street. (c) Procedure for consideration and establishment of designated areas: (1) The determination of streets and areas to be subject to such parking restrictions shall be based on characteristics including, but not necessarily limited to: (i) Location within a residential zoning classification area with special characteristics or features that could be adversely impacted by on -street parking of large vehicles; (ii) Density of development, with primary focus on residential subdivisions with a typical lot size of one acre or less; 23 (iii) Predominant lot width and street frontage characteristics, with primary focus on subdivision settings where typical lot widths are one hundred fifty feet or less; (iv) Location -specific safety issues including, but not limited to, consideration of traffic volumes, street surface width, sight distance, and use characteristics; or (v) Documentation or determination of inappropriate parking of classified vehicles or the potential for such parking to occur. (d) Applicability:..... The prohibitions and restrictions set forth in this section 11-45 shall have no application when a vehicle is parked or stopped in compliance with the order of a law enforcement officer or a traffic control device, or during a permitted period of time in officially -designated parking areas, or in the case of a vehicular breakdown, or in an emergency which renders it necessary. In addition, the prohibitions and restrictions contained herein shall have no applicability to any vehicle while such vehicle is in actual use for loading or unloading or while actually engaged in the provision of goods or services. (e) Penalty for violation:..... Any person who violates any provision of this section 11-45 shall be guilty of a traffic infraction, punishable as a Class 4 misdemeanor (two hundred fifty dollars). (12-21-06; 10-18-07.) Sec. 11-46. - Prohibition against parking of vehicle under certain conditions. (a) It shall be unlawful for any person to park, keep or permit to be parked or kept any motor vehicle, trailer, or semitrailer, in or on any public highway, street, alley, public easement or other public thoroughfare in the county, or any other area in the county subject to regulations by the county, unless: (1) The motor vehicle shall be currently inspected and approved in accordance with the provisions of the laws of the state; (2) The vehicle shall be currently registered and licensed to be operated upon the highways of this state in accordance with the provisions of the laws of this state and a valid state license plate shall be visibly displayed; and (3) The vehicle shall be currently licensed to be operated upon the highways of the county in accordance with the laws of the county, and the county motor vehicle sticker shall be visibly displayed. (10-1-92.) Sec. 11-47. - Double parking. Double parking is prohibited on any streets of the county containing curbs. For the purposes of this section, parking a vehicle at such distances from the curb as to allow space for another vehicle between it and the curb shall be deemed double parking. (10-1-92.) Sec. 11-48. - Parking near scene of fire. It shall be unlawful for the driver of any vehicle to park such vehicle within five hundred (500) feet of where fire apparatus has stopped in answer to a fire alarm. This section shall not apply to any fire department responding to such alarm in the performance of its lawful duties. (10-1-92.) (STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-921.) Sec. 11-49._- Parking or standing in fire lanes. 224 (a) It shall be unlawful for any person to park or stand a vehicle in any fire lane so designated and marked except as follows: (1) Fire lanes within commercial or school properties may be used for temporary stopping to pick up or discharge passengers or supplies; provided that, a vehicle shall be so stopped parallel and immediately adjacent to the curb and a licensed operator shall occupy and be in control of the vehicle while it is so stopped. (2) Fire lanes adjacent to commercial or business establishments which have no alternate loading zone or rear entrance may be used for temporary parking by vehicles engaged solely in loading or unloading supplies or merchandise to or from the establishment, provided the licensed operator of such a vehicle is engaged solely in the loading or unloading operation. (3) Fire lanes within residential and industrial areas may be used for temporary stopping to pick up or discharge passengers or supplies; provided that, a vehicle shall be so stopped parallel and immediately adjacent to the curb and a licensed operator shall occupy and be in control of the vehicle while it is so stopped. The placement of a vehicle, for any purpose, within a fire lane perpendicular to the curb or edge is prohibited. (b) Any police officer or representative of the fire marshal's office who finds any vehicle in violation of this section shall have the authority to remove such vehicle at the owner's expense. This authority shall extend to any fire or rescue officer in charge of a fire or rescue operation who finds any such violation to be interfering with such emergency operations. (c) The (members of the county sheriff's department) county police are authorized to enter any fire lane for the purpose of enforcing the provisions of this section. (d) No provision of this section shall apply to fire, rescue or police vehicles while they are involved in emergency operations. (10-1-92.) Sec. 11-50. - Parking for purpose of selling vehicles, goods, wares or merchandise. It shall be unlawful for any person to park any motor vehicle or automotive equipment on or along the roads, highways and streets of the county, or within the rights-of-way of such roads, highways and streets, for the purpose of selling or soliciting the sale of, or otherwise displaying or offering for sale, any goods, wares or other merchandise in or from such vehicles, or for the purpose of selling or offering such vehicle itself for sale. (10-1-92.) (STATE LAW REFERENCE—Authority of county to prohibit parking for commercial purposes, Code of Virginia, Sec. 46.2-1224.) Sec. 11-51. - Parking limit for certain commercial vehicles in specified districts. (a) No person shall park or leave unattended, for more than two (2) continuous hours, on or alongside the roads, highways or streets of the county or state in any residentially zoned area of the county or in any residential subdivision of three (3) or more lots located in an agricultural zoned area, any road tractor, tractor -truck, tractor -truck and trailer, semitrailer or any truck or motor vehicle with gross weight in excess of ten thousand one hundred (10,100) pounds, where any such vehicle listed above is used for rent or for hire or for other commercial purposes. (b) This section shall not apply to any vehicle, when it is picking up or delivering merchandise or household goods at any location, or when such vehicle is parked 25 or is left unattended in a zone set forth above in connection with the delivery of persons or material to a work site therein. For purposes of this section, the term "work site" shall mean any location where workmen are engaged in the construction, repair or maintenance of any real estate or personal property. Nor shall this section apply to any bus, either privately or publicly owned, or to motor vehicles carriers when picking up or discharging passengers. (10-1-92.) Sec. 11-52. - Manner of using loading zones. Where loading and unloading zones have been set apart and regulations governing their use posted on the highways in the county, the following regulations shall apply with respect to the use of such areas: (1) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a curb loading zone during the hours when the provisions applicable to such zones are in effect. All delivery vehicles, other than regular delivery trucks, using such loading zones shall be identified by the owner's or company's name in letters located on both sides of the vehicle. (2) The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers or bundles, when such stopping does not interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space. (10-1-92.) Sec. 11-53. - Manner of using bus stops and taxicab stands. Where a bus stop or taxicab stand has been set apart on any highway in the county, the following regulations shall apply as to the use thereof: No person shall stop, stand or park a vehicle, other than a bus, in a bus stop, or other than a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers, when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (10-1-92.) Sec. 11-54. - Parking on private property generally. No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the owner thereof. Whenever signs or markings have been erected on any lot or lot area contiguous or adjacent to a highway or alley, indicating that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to stop, stand or park any vehicle in such lot or lot area. (10-1-92.) Sec. 11-55. - Parking spaces reserved for handicapped persons. (a) All public parking areas and all privately owned parking areas open to the public, in all subdivisions and other commercial, industrial developments in the unincorporated areas of the county, for which building permits were issued prior to September 1, 1975, may voluntarily provide handicapped parking spaces, provided that such spaces, and the signage therefor, comply with the standards and provisions of Virginia Uniform Statewide Building Code, as amended. 26 (b) With the exception of the foregoing parking areas, handicapped parking spaces and the signage therefor shall be provided in accordance with the standards and provisions of the Virginia Uniform Statewide Building Code, as amended, for all public parking areas and privately owned parking areas open to the public, in all subdivisions and other commercial, industrial and residential developments in the unincorporated areas of the county including those completed to date, those presently under construction, and those constructed in the future, except for developments expressly exempt from the handicapped parking space requirement under the Virginia Uniform Statewide Building Code, as amended. (c) For the purpose of this section, a space reserved for handicapped persons shall be marked by an erected, above -grade sign indicating that the parking space is reserved for handicapped persons. Such erected, above -grade sign shall conform to the standards set forth in the American National Standards Specifications, ANSI A117.1-1980, as amended, as incorporated in the Virginia Uniform Statewide Building Code, as amended, and all such signs erected after July 1, 1985, shall, in addition, bear a statement of the penalty for violation of this section established in section 11-45 of this Code, in substantially the following form: "Unlawful parking in this space is subject to a fine of from $50.00 to $100.00." (d) Failure to comply with the foregoing subsections shall constitute a misdemeanor and be prosecuted as a violation of the Virginia Uniform Statewide Building Code, as amended. (e) It shall be unlawful for any nonhandicapped person to park any motor vehicle in a parking space reserved for handicapped persons on any public parking lot or at privately owned parking areas open to the public, except as provided in subsection (f) of this section. A county police officer or any other authorized law enforcement officer may issue a summons for any violation of this section, without the necessity of a warrant being obtained by the owner of such privately owned parking area. (f) The following motor vehicles may be lawfully parked in parking spaces reserved for the handicapped at public parking areas and privately owned parking areas open to the public: (1) Any motor vehicle registered to a handicapped person which is identified by a decal or distinguishing license plate issued by the division; (2) Any motor vehicle actually being used to transport a handicapped person which displays the distinguishing decal issued by the division; (3) Any motor vehicle registered in any state other than Virginia that displays such other state's license plate, decal or other device, indicating that the vehicle is registered to, or is being used to transport, a handicapped person. (g) For purposes of this section, the distinguishing license plates and decals issued by the division shall include, but not be limited to, the following: (1) Disabled veteran (DVO-000); (2) Handicapped person (HPO -000); (3) Handicapped person license plates displaying the international symbol of access; (4) Decals issued by the division for display on the sun visor on the driver's side of a vehicle, when the vehicle is parked in an area reserved for handicapped parking. 27 (h) For purposes of this section, a handicapped person shall be any person certified as being a physically handicapped person by the veterans" administration, the social security administration or the division, or any comparable organization or department of any other state. (10-1-92.) Sec. 11-56. - Penalty for parking violations; uncontested paVrnent of penaltV. (a) Any person convicted of parking a vehicle in violation of any provision of this article, except illegal parking in a space reserved for handicapped persons, shall be guilty of a traffic infraction punishable by a fine of not more than one hundred dollars ($100.00) for each offense. (b) Any person convicted of parking a vehicle in space reserved for parking for handicapped persons in violation of section 11-43, shall be subject to a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) for each offense. It shall be no defense to a prosecution hereunder that a sign indicating handicapped parking space fails to bear a statement of the penalty for violation of section 11-43, as required thereby, or that such a statement fails to conform to the requirements of that section. (c) In the event that the defendant elects not to contest the citation issued against him for parking a vehicle in violation of this article, he may, within five (5) days of receipt of such citation, pay the minimum fine to the director of finance, Isle of Wight County, or his designated agent. The director of finance or his designated agent shall collect and account for all sums received in payment of such uncontested citation penalties. (10-1-92.) (STATE LAW REFERENCE—Authority for penalties for parking in front of a fire hydrant, near street corner, fire station, etc., Code of Virginia, Sec. 46.2-1239; requirement that ordinance provide for collection of, and accounting for, uncontested parking citation penalties by county official, Code of Virginia, Sec. 46.2-1225.) Sec. 11-57. - Contest of parking citations. If the defendant elects to contest a citation issued against him for parking a vehicle in violation of this article, he shall, within five (5) calendar days of receipt thereof, notify the sheriff or his designated agent, in writing, of his intent to contest such citation, whereupon the sheriff or his designated agent shall certify, in writing on an appropriate form, to the clerk of the appropriate district court, the defendant's intention to contest such citation. The clerk shall proceed to docket the case as provided by law. (10-1-92.) (STATE LAW REFERENCE—Ordinance to provide for certification, to court, of contest of parking citation, Code of Virginia, Sec. 46.2-1225.) Sec. 11-58. - Procedure when parking violator fails to pay uncontested penalty or contests citation. (a) In the event that a person receiving a citation for parking a vehicle in violation of this article does not pay the fine due within five (5) days and does not notify the sheriff or his designated agent of his intention to contest the citation within the same five (5) days, both as required or permitted by other sections of this article, the sheriff or his designated agent shall notify such person, by letter addressed to the person's last known address, or the address shown for such violator on the records of the division, that he may pay any fine required by law for such violation within five (5) days of receipt of such notice, and that if he fails W to do so, a summons or other appropriate process may issue against him. The notice required by this section shall be sent in an envelope bearing the words "Law -Enforcement Notice" stamped or printed thereon in letters at least one-half (1/2) inch in height. In the event that such person does not pay any fine required by law within the five (5) days provided herein, the citation shall be deemed delinquent. (b) If a citation becomes delinquent in accordance with this section, the officer issuing the citation shall promptly be so informed and he shall cause a summons to be issued against the person to whom the citation was issued. In the event the officer issuing the original citation does not or cannot cause a summons to be issued in accordance with this section, the sheriff or his designated agent may cause such summons to be issued. Such summons shall be in a form, and shall be served, as provided by law, and trial thereon shall be trial of the original parking citation. (c) In the event that a summons is issued as provided hereby, the person against whom such summons shall have been issued may avoid such a summons only by paying to the clerk of the district court the minimum fine established for the violation, and the costs required by said clerk. If the prepayment requirements of this subsection are not complied with, the court shall proceed to hear and determine the case in accordance with law. (10-1-92.) (STATE LAW REFERENCE—Requirement for notice as provided for in subsection (a), Code of Virginia, Sec. 46.2-941; ordinance to provide for issuance of summons for delinquent parking citation, Sec. 46.2-1225.) Sec. 11-59. - Presumption in prosecutions for parking violations. In any prosecution for parking a vehicle in violation of any provision of this article, proof that the vehicle described in the citation or summons was parked in violation of such provision, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, as required by chapter 12 of title 46.2 of the Code of Virginia, shall constitute in evidence a rebuttable presumption that such registered owner was the person who parked such vehicle at the place where, and for the time during which, such violation occurred. (10-1- 92.) Article V. - Restricted Traffic on Yellow Rock Road. Sec. 11-60. - Authority; purpose. Pursuant to the authority granted the county of Isle of Wight by section 46.2-1300 of the Code of Virginia, as amended, and in accordance with section 15.2-1200 of the Code of Virginia, as amended, the county adopts the provisions of this article for the purpose of securing and promoting the health, safety and general welfare of its citizens. (1-20-05.) Sec. 11-61. - Definitions. For purposes of this article, the definitions of "truck," "trailer," and "semi -trailer" defined in section 46.2-100 of the Code of Virginia, as may be amended from time to time, are incorporated herein by reference. (1-20-05.) Sec. 11-62. - "No Thru Truck" sign. 29 The county of Isle of Wight shall have the right to erect or post "No Thru Truck" signage as has been designated or adopted by the Commonwealth transportation board on the county -owned, private roadway known as Yellow Rock Road. No provision of this article relating to the prohibition of disobeying such sign shall be enforceable against an alleged violator if, at the time and place of the alleged violation, such sign is not properly positioned or sufficiently legible to be seen by an ordinarily observant person. (1-20-05.) Sec. 11-63. - Prohibited activity. No person shall drive or cause to be driven a semitrailer, trailer or truck upon Yellow Rock Road in direct violation of the posted signage authorized under section 11-62 of this article. (1-20-05.) Sec. 11-64. - Enforcement. This article shall be enforceable by the sheriff, deputy sheriffs and all police officers with authority to enforce traffic laws within the county, all of whom are hereby authorized and empowered to issue the summons or notice of violations of this article. (1-20-05.) Sec. 11-6S. - Penalty. Any person convicted of violating this article shall be guilty of a traffic infraction punishable by a fine of not more than one hundred dollars for each offense. (1- 20-05.) Article VI. - Red Light Photo -Monitoring. For state law as to authority of the Board of Supervisors to enact an ordinance to establish a red light photo -monitoring system, see Code of Va., § 15.2-968.1. Sec. 11-66. - Establishment. There is hereby established a traffic signal enforcement program pursuant to and in accordance with section 15.2-968.1 of the Code of Virginia (1950, as amended). The program shall include the installation and operation of traffic light signal violation monitoring systems in a number up to the maximum number permitted by state law. No traffic light signal violation monitoring system shall be operated for enforcement purposes at an intersection until all prerequisites for such operation have been fulfilled. (Ord. No. 2011-19-C, 10-6-11.) Sec. 11-67. - Implementation. The Isle of Wight County Sheriff or his designee shall have the authority to implement the provisions of this section, promulgate the rules and regulations necessary to administer the traffic signal enforcement program in compliance with all requirements of section 15.2-986.1 of the Code of Virginia (1950, as amended) and this section and be responsible for the compliance of all aspects of the traffic signal enforcement program with applicable state law. (Ord. No. 2011- 19-C, 10-6-11.) Sec. 11-68. - Private contractor. The county may enter into an agreement with a private entity for the installation and operation of traffic light signal violation monitoring systems and related 30 services as permitted by and subject to the restrictions imposed by section 15.2- 968.1(I). (Ord. No. 2011-19-C, 10-6-11.) Sec. 11-69. - Penalties. (a) For failure to comply with traffic light signal...... The operator of a vehicle shall be liable for a monetary penalty of fifty dollars if such vehicle is found, as evidenced by information obtained from a traffic signal violation monitoring system, to have failed to comply with a traffic signal within the county. Any person found liable under this article may contest the summons as provided by section 15.2-968.1 of the Code of Virginia (1950, as amended). (b) For disclosure of personal information. ..... Any person who discloses personal information collected by a traffic light signal violation monitoring system in violation of the provisions of section 15.2-968.1(H) of the Code of Virginia (1950, as amended) shall be subject to a civil penalty of one thousand dollars. (Ord. No. 2011-19-C, 10-6-11.) Article VII — Driving While Under Influence of Alcohol or Other Intoxicant or Drug Sec. 11-70. — Reimbursement of expenses incurred in responding—to-DUI incident and other traffic incidents. (a) Any person convicted of violating any of the following provisions shall be liable in a separate civil action for reasonable expenses incurred by the County, including by the Sheriff's office, or by any county volunteer fire or rescue squad, or by any combination of the foregoing, when providing appropriate emergency response to any accident or incident related to such violation: (1) The provisions of VA Code Secs. 18.2-51.4, 18.2-266 or 29.1-738 when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; (2) The provisions of Article 7 (Sec. 46.2-852 et seq.) of Chapter 8 of Title 46.2 relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; (3) The provisions of Article 1 (Sec. 46.1-300 et seq.) of Chapter 3 of Title 46.2 relating to driving without a license or driving with a suspended or revoked license; and (4) The provisions of VA Code Sec. 46.2-894 relating to improperly leaving the scene of an accident. (b) Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident occurring in the County. In determining the "reasonable expenses," the County may bill a flat fee of two hundred fifty dollars ($250.00) or a minute -by -minute accounting of the actual costs incurred. As used in this Section, "appropriate emergency response" includes all costs of providing law-enforcement, • firefighting, rescue, and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the County, or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein. 31 COUNTY ADMINISTRATOR'S REPORT Wendy Hu, Director of Budget & Finance, provided an overview of the County's FY2017 unaudited Financial Report. County Administrator Keaton provided an update on the County's recent General Obligation Bond Refunding opportunity which realized a $3.1 million savings on the life of the loan and captured $543,000 this fiscal year. He advised that the County's AA rating was affirmed with one rating upgraded from stable to positive. Donald T. Robertson, Assistant County Administrator, addressed the Board regarding items for inclusion in the Board's legislative agenda. Supervisor Grice suggested recommendations of state legislators be sought for inclusion in the proposed agenda. Chairman Alphin recommended funding for HRTAC be added as an item. The Board was requested to forward to staff any suggested topics for inclusion in the proposed agenda. County Administrator Keaton briefed the Board relative to matters for the Board's information. The following Board comments were received: Supervisor McCarty noted the absence of volunteer reported hours by the Rushmere Volunteer Fire Department, Windsor Volunteer Fire Department, Windsor Volunteer Rescue Squad and the Smithfield Volunteer Fire Department for the second quarter. Supervisor Acree commented on the need for a Recreational Therapist within Parks & Recreation for individuals with special needs. Supervisor Grice requested the addition of a column on the Treasurer's Accountability report reflecting balances for like months and previous years as a point of comparison. UNFINISHED OLD BUSINESS A Resolution to Authorize the Enactment of an Emergency Services Billing Procedure to the IOWC Policy Manual in Compliance with the Safe Harbor Provisions of Section 1128(D)(2) of the Social Securities Act was presented by County Attorney Popovich to effectuate. On motion of Supervisor Acree, all those voting in favor (5-0), the following resolution was adopted: 3 RESOLUTION TO AUTHORIZE THE ENACTMENT OF A EMERGENCY SERVICES BILLING PROCEDURE TO THE ISLE OF WIGHT COUNTY POLICY MANUAL IN COMPLIANCE WITH THE SAFE HARBOR PROVISIONS OF SECTION 1128(D)(2) OF THE SOCIAL SECURITY ACT WHEREAS, 42 CFR Parts 1001 and 1003 Department of Health and Human Services, as amended, provides localities the opportunity to waive cost-sharing for emergency ambulance services for bona fide residents, as opposed to non- residents, under the safe harbor provisions of the Social Security Act Section 1128D(a)(2); and, WHEREAS, the Isle of Wight County Board of Supervisors has reviewed the options available to it and has determined that billing for emergency ambulance services for residents and non-residents should be considered differently and therefore deems it appropriate to take advantage of the safe harbor provisions; and, WHEREAS, the Isle of Wight County Board of Supervisors now deems it appropriate and proper for the County Administrator to have the authority necessary to enact an appropriate policy, as review and approved by the County Attorney, to implement such billing practices. NOW THEREFORE BE IT RESOLVED that Isle of Wight County Board of Supervisors hereby authorizes the County Administrator, upon review and approval of the County Attorney, to establish an appropriate policy, to be included in the Isle of Wight County Policy Manual as he or she may deem appropriate, to implement billing practices for residents and non-residents in accordance with the safe harbor provisions of Section 1128(D)(2) of the Social Security Act which shall be reviewed on an annual basis to ensure continued compliance therewith. NEW BUSINESS Application of Woods Lane, LLC and Eagle Harbor LLC, Owners, for Amendment to an Approved Site Plan for the Inclusion of a Master Signage Plan on Property Located at the Corner of Carrollton Boulevard (Route 17) and Smith's Neck Road. Richard Rudnicki, Assistant Director of Planning & Zoning, provided background on the application. Beverly H. Walkup, representing Woods Lane, LLC and Eagle Harbor LLC, advised that customers coming from a northbound direction are required to either make a u -tura at the traffic light or a left turn and the applicant is therefore requesting to place a sign at the corner of Northgate Drive. She stated regarding staff's noted weaknesses, if this were treated like a shopping center, the commercial frontage would be entitled to a 50 -square foot sign at Smith's Neck Road, a sign at Northgate and a sign at Carrollton Boulevard; however, this request is only for one additional 50 -square foot sign as would be allowed by ordinance for a shopping center. She addressed staff's second weakness regarding visibility traveling northbound and stated the situation is not self inflicted but due to *11 significant easement impacts and VDOT's distance requirements restricting a direct access off Smith's Neck Road. She stated this request is necessary to provide a safe, easily identifiable access to the RiteAid. Supervisor McCarty commented that this is a proactive move on the part of the applicant and he would be in favor of approving the application. Supervisor Grice commented that the sign is located too far off the roadway. Ms. Walkup advised that the applicant is willing to sign a waiver that if the sign is allowed within the utility easement, the applicant would be responsible for replacing the sign. County Administrator Keaton advised that the County's easement is located on the far western edge of the easement and if the sign was placed in the County utility easement, it would only provide a few more feet and has the potential for the sign to be destroyed if work must be done in the easement. Ms. Walkup advised that the County's utility easement would bring the sign 25 feet closer. Supervisor McCarty spoke in favor of language stipulating that if there were any type of emergency, the sign would be replaced at the applicant's cost. Mr. Jennings commented in doing so would set a bad presedent. Mr. Rudnicki commented that the sign could be placed to the edge of the utility lines, but that doing so would only provide an extra ten (10) feet closer to the roadway. Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the application was approved with the condition of "Limit number of monument signs on "Outparcel: May Be Subdivided" as shown on exhibit to one (1) per future parcel, including the directory sign (2 total) shown in the application." A request from the Town of Windsor in the form of a Memorandum of Understanding for the Shiloh Drive Sidewalk project was presented for the Board's consideration by County Administrator Keaton. On motion of Supervisor Acree, all those voting in favor (5-0), the MOU was adopted. The Board's feedback was requested on topics of discussion at the Board's retreat scheduled for October 111h and 12'h by County Administrator Keaton. Superintendent Thornton presented the School's funding request to address overcrowded classrooms at Smithfield High School due to increased enrollment. On motion of Chairman Alphin, with all those voting in favor (5-0), the transfer of $68,688 was authorized from Administration to Instruction to fund one position. 34 On motion of Supervisor McCarty, all those voting in favor (5-0), an appropriation to the schools of some of the FY2017 cash reversion fund not to exceed $206,040 was authorized with direction to staff to work with the schools on the funds as they are needed followed by a report back to the Board. County Administrator Keaton brought up the issue of the upcoming Board Retreat. On motion of Supervisor McCarty, all those voting in favor (5-0), the Clerk of the Board was directed to advertise a public meeting at the ODU Tri Cities Center on October 111h and 12th, 2017 from 9:00 a.m. until 4:00 p.m. Supervisor Acree commented on a water issue at the Woodbridge Subdivision and requested that staff provide a future briefing to the Board regarding the County's maintenance plan for its water systems to include any budgetary implications. Staff was commended by the Board for its efforts relative to the 2017 County Fair. Responsive to Supervisor McCarty's request for a status of revisions to the sign Ordinance, County Attorney Popovich advised that the matter is set for public hearing at the Board's October 19, 2017 meeting. Responsive to Supervisor McCarty relative to options available for citizens unable to afford tap fees, the Board was apprised by Mr. Jennings that there is currently an option for citizens to pay a portion down with the balance over a two-year period and staff was directed to formulate a better means of communication to the public. On motion of Supervisor McCarty, all those voting in favor (5-0), the Board's work session of October 5, 2017 was cancelled and rescheduled for October 19, 2017 at 3:00 p.m. ADJOURNMENT At 9:45 p.m., Chairman Alphin declared the meeting adjourned. Ildl J__ Qjirwir? Carey ills S arm, C! 35 6ry eW4 Rex W. Alphin, Chairman