06-14-2018 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 FOURTEENTH DAY OF JUNE, IN THE
YEAR TWO THOUSAND AND EIGHTEEN
PRESENT:
Rudolph Jefferson, Chairman, Hardy District (Arrived at 5:03 p.m.)
William M. McCarty, Vice -Chairman, Newport District
Don G. Rosie, II, Carrsville 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
Vice -Chairman McCarty called the regular Board of Supervisors' meeting to order
at 5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA AMENDMENTS
Supervisor McCarty moved that the agenda be adopted with discussion being
extended on Item 10 (A), under New Business, involving an economic
development grant being provided by the County. The motion was unanimously
adopted (5-0).
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; pursuant to Section 2.2-3711(A)(7) regarding
consultation with legal counsel regarding actual litigation where such consultation
or briefing in open meeting would adversely affect the negotiating or litigation
posture of this public body; pursuant to Section 2.2-3711(A)(8) regarding
consultation with legal counsel requiring the provision of legal advice regarding
contractual negotiations related to the development center; pursuant to Section
2.2.3711(A)(8) regarding consultation with legal counsel requiring the provision of
legal advice regarding contractual negotiations related to E911; and, pursuant to
Section 2.2-3711 (A)(6) concerning consideration of the investment of public
funds where bargaining is involved and the financial interest of the governing
body would be adversely affected regarding a prospective business.
Upon motion of Supervisor McCarty and all voting in favor, the Board entered the
closed meeting for the reasons stated by County Attorney Popovich.
Upon motion of Supervisor McCarty and all voting in favor, the Board reconvened
into open meeting.
Upon motion of Supervisor Acree, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by
this Board of Supervisors that such closed meeting was conducted in conformity
with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Rosie, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION PLEDGE OF ALLEGIANCE
Supervisor Grice delivered the invocation and led the Pledge of Allegiance to the
American Flag.
CITIZENS' COMMENTS
Albert Burckard of Titus Point Lane requested that the bike trail bridge across
Jones Creek be built at the same level as the roadway along Nike Park Road
CONSENT AGENDA
A. Resolution to Accept and Appropriate $34,992 Marketing Leverage
Program Grant from the Virginia Tourism Corporation and Amend the
FY2017-18 Grants Fund Budget for the Same Amount
B. Resolution to Appropriate Animal Control Donation Revenues from the
General Fund Unassigned Fund Balance and from the FY2018 Animal
Control Donation Revenues to the Grants Fund's Animal Control Donations
Account
1)
C. Resolution to Amend the Funding Source for the FY2017-18 and FY2018-19
Public Schools Capital Improvements Budget from Cash Proffers to Existing
Bonded Debt (2017 General Obligation Bond)
D. Resolution to Accept and Appropriate Funding from VaCorp Risk
Management for Repairs for County Property
E. Resolution to Authorize Execution of the Third Amendment to the Western
Tidewater Regional Water Agreement
F. Resolution to Amend the Contract with A. Morton Thomas and Associates,
Inc. (AMT) to Provide Construction Engineering Services for the Turner
Drive Turn Lane Project (UPC 103021)
G. Minutes of April 19, 2018 Regular Meeting; May 3, 2018 Work Session; May
10, 2018 Budget; and, May 17, 2018 Regular Meeting
Supervisor McCarty moved that the Consent Agenda be adopted which passed by
unanimous vote (5-0).
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Grice recommended that Chad Mathison be invited to a future work
session to brief the Board regarding the Hampton Roads Economic Development
Alliance's agenda and the potential impact to the County.
County Administrator Keaton reported that the Southeastern Public Service Board
will begin negotiating next week with Wheelabrator for the 2019 contract.
APPOINTMENTS
Supervisor Grice moved that David Holland be appointed to serve on the Board of
Assessors representing the Smithfield District which passed by unanimous vote (5-
0).
Supervisor Grice moved that Barbara Stafford be reappointed to serve on the
Social Services Board representing the Smithfield District which passed by
unanimous vote (5-0).
Supervisor Grice moved that Shirley McGee be appointed to serve on the
Commission on Aging representing the Smithfield District and filling the unexpired
term of Denise Tynes which passed by unanimous vote (5-0).
Supervisor Rosie moved that Shawn Carr be recommended to the Circuit Court
Judge to serve on the Board of Zoning Appeals representing the Carrsville District
which passed by unanimous vote (5-0).
Supervisor Rosie moved that Dr. Grant be appointed to serve on the Paul D. Camp
Community College Board which passed by unanimous vote (5-0).
3
Supervisor McCarty moved that David Bugin be reappointed to serve on the
Board of Building Appeals representing the Newport District which passed by
unanimous vote (5-0).
Supervisor McCarty moved that Levell Hairston be reappointed to serve on
Opportunity, Inc. which passed by unanimous vote (5-0).
Supervisor McCarty moved that Debra Thurston be reappointed to serve on the
Social Services Board representing the Newport District which passed by
unanimous vote (5-0).
PUBLIC HEARINGS
Chairman Jefferson opened the public hearing on the following:
A. An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Chapter 7. Fire Protection. Article III. Fire
Prevention. And Article IV. Special Regulations for the Disposal or Storage
of Tires
County Attorney Popovich represented the proposed ordinance revisions.
Chairman Jefferson called for those in favor or in opposition to speak.
No one appeared and spoke.
The public hearing was closed.
Supervisor McCarty moved that the following Ordinance be adopted which
passed unanimously (5-0).
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING CHAPTER 7. FIRE PROTECTION. ARTICLE III.
FIRE PREVENTION. AND ARTICLE IV. SPECIAL REGULATIONS FOR THE DISPOSAL OR
STORAGE OF TIRES
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems
it necessary to revise its local ordinance related to fire prevention in order to
comply with current state law; and
WHEREAS, as a result of a significant tire fire that erupted on April 12, 2017
at the Carrollton Metals business resulting in the need for several fire
departments, both within Isle of Wight and neighboring localities, to respond in
order to contain and put out said fire; and
WHEREAS, the Isle of Wight County Board of Supervisors now deems it
necessary to ensure that proper limitations are placed on the stockpiling of tires
within Isle of Wight County in order to prevent such an event in the future and to
ensure the health, safety and welfare of the citizens of Isle of Wight County
11
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 7. Fire Protection. Article III. Fire Prevention be amended
and reenacted as follows:
Article Ill. - Fire Prevention.
Sec. 7-5. - Purpose.
The purpose of this Article III, is to protect public health, safety and welfare by
regulating open burning within Isle of Wight County, Virginia, to achieve and
maintain, to the greatest extent practicable, a level of air quality that will provide
comfort and convenience while promoting economic and social development by
providing a reasonable level of life, safety and property protection from the
hazards of fire, explosion or dangerous conditions and to provide safety to fire
fighters and emergency responders during emergency operations. This Article Ill is
intended to supplement the applicable regulations promulgated by the State Air
Pollution Control Board and other applicable regulations and laws. (10-2-
08; . )
Sec. 7-6. - Fire code adoption.
Pursuant to the provisions of Section 27-98 of the Code of Virginia (1950, as
amended), those provisions contained within the Virginia Statewide Fire
Prevention Code related to open burning, fire lanes and fireworks, in its current
form and as amended in the future, is hereby adopted by Isle of Wight County,
except as otherwise modified or amended in this article, and the same is hereby
incorporated fully by reference. Said adoption of those specific Virginia Statewide
Fire Prevention Code provisions are made in accordance with Sections 15.2-922.1,
15.2-974 and 46.2-1305 of the Code of Virginia (1950, as amended). (10-2-08;
Ord. No. 2011-8-C, 5-12-11.)
Sec. 7-7. - Applicability.
The restrictions on open burning and permit requirements set forth in
sections 7-13 through 7-15 apply within the development service districts as set
forth in the Isle of Wight County Comprehensive Plan and Zoning Ordinance, as
they may be amended from time to time. Section 7-17 authorizes the fire code
official to ban open burning in all or part of the county in which an extraordinary
condition constituting a fire hazard has been found to exist. (10-2-08.)
Sec. 7-8. - Definitions.
(a) For purposes of this Chapter 7, Article III, the following words or phrases shall
have the meaning given to them in this section:
(1) Automobile graveyard ..... means any lot or place that is exposed to the
weather and upon which more than five (5) motor vehicles of any kind,
incapable of being operated, and that it would not be economically
practical to make operative, are placed, located, or found.
(2) Built-up area ..... means any area with a substantial portion covered by
industrial, commercial or residential buildings.
(3) Clean -burning waste ..... means waste that is not prohibited to be burned
under this ordinance and that consists only of (i) 100% wood waste, (ii)
100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 100%
mixture of only any combination of wood waste, clean lumber, clean
wood or yard waste.
(4) Clean lumber ..... means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln -dried wood products. Clean
5
lumber does not include wood products that have been painted, pigment -
stained, or pressure -treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote.
(5) Clean wood ..... means uncontaminated natural or untreated wood. Clean
wood includes, but is not limited to, by-products of harvesting activities
conducted for forest management or commercial logging, or mill residues
consisting of bark, chips, edgings, sawdust, shavings or slabs. It does not
include wood that has been treated, adulterated, or chemically changed in
some way; treated with glues, binders or resins; or painted, stained or
coated.
(6) Commercial waste ..... means all solid waste generated by establishments
engaged in business operations other than manufacturing or construction.
This category includes, but is not limited to, waste resulting from the
operation of stores, markets, office buildings, restaurants and shopping
centers.
(7) Construction waste ..... means solid waste that is produced or generated
during construction remodeling, or repair of pavements, houses,
commercial buildings and other structures. Construction waste consists of
lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and
metal and plastics if the metal or plastics are a part of the materials of
construction or empty containers for such materials. Paints, coatings,
solvents, asbestos, any liquid, compressed gases or semi -liquids, and
garbage are not construction wastes and the disposal of such materials
must be in accordance with the regulations of the Virginia Waste
Management Board.
(8) Debris waste ..... means wastes resulting from land clearing operations.
Debris wastes include but are not limited to stumps, wood, brush, leaves,
soil and road spoils.
(9) Demolition waste ..... means that sold waste which is produced by the
destruction of structures, or their foundations, or both, and includes the
same materials as construction waste.
(10) Garbage ..... means readily putrescible discarded materials composed
of animal, vegetable or other organic matter.
(11) Hazardous waste ..... means a "hazardous waste" as described in the
Virginia Hazardous Waste Management Regulations.
(12) Household waste ..... means any waste material, including garbage,
trash and refuse derived from households. For purposes of this
ordinance, households include single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day -use recreation areas. Household wastes do not include
sanitary waste in septic tanks (septage) which is regulated by state
agencies.
(13) Industrial waste ..... means any solid waste generated by
manufacturing or industrial process that is not a regulated hazardous
waste. Such waste may include, but is not limited to, waste resulting from
the following manufacturing processes: electric power generation;
fertilizer/agricultural chemicals; food and related products/byproducts;
,Z
inorganic chemicals; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing/foundries; organic chemicals;
plastics and resins manufacturing; pulp and paper industry; rubber and
miscellaneous plastic products; stone, glass, clay and concrete products;
textile manufacturing; transportation equipment; and water treatment.
This term does not include mining waste or oil and gas waste.
(14) Junkyard ..... means an establishment or place of business that is
maintained, operated, or used for storing, keeping, buying, or selling junk,
or for the maintenance or operation of an automobile graveyard, and the
term shall include garbage dumps and sanitary landfills.
(15) Landfill ..... means a sanitary landfill, an industrial waste landfill, or a
construction/demolition/debris landfill as more specifically defined in 9
VAC 20-81.
(16) Local landfill ..... means any landfill located within Isle of Wight
County.
(17) Open burning ..... means the combustion of solid waste without: (i)
control of combustion air to maintain adequate temperature for efficient
combustion; (ii) containment of the combustion reaction in an enclosed
device to provide sufficient residence time and mixing for complete
combustion; and (iii) control of the combustion products' emission.
(18) Open pit incinerator ..... means a device used to burn waste for the
primary purpose of reducing the volume by removing combustible matter.
Such devices function by directing a curtain of air at an angle across the
top of a trench or similarly enclosed space, thus reducing the amount of
combustion by-products emitted into the atmosphere. The term includes
trench burners, air curtain incinerators and over draft incinerators.
(19) Refuse ..... means all solid waste products having the characteristics
of solids rather than liquids and that are composed wholly or partially of
materials such as garbage, trash, rubbish, litter, residues from clean up of
spills or contamination or other discarded materials. (10-2-08; .)
(20) Salvage Operation ..... means any operation consisting of a business,
trade or industry participating in salvaging or reclaiming any product or
material, such as, but not limited to, reprocessing of used motor oils,
metals, chemicals, shipping containers or drum, and specifically including
automobile graveyards and junkyards.
(21) Sanitary landfill ..... means an engineered land burial facility for the
disposal of household waste that is so located, designed, constructed, and
operated to contain and isolate the waste so that it does not pose a
substantial present or potential hazard to human health or the
environment. A sanitary landfill also may receive other types of solid
wastes, such as commercial solid waste, nonhazardous sludge, hazardous
waste from conditionally exempt small quantity generators, construction,
demolition, or debris waste and nonhazardous industrial solid waste as
more specifically defined at 9 VAC 20-81.
(22) Smoke ..... means small gas -borne particulate matter consisting
mostly, but not exclusively, of carbon, ash and other material in
concentrations sufficient to form a visible plum.
7
(23) Special incineration device ..... means an open pit incinerator, conical
or teepee burner, or any other device specifically designed to provide
good combustion performance.
(24) Wood waste ..... means untreated wood and untreated wood
products, including tree stumps (whole or chipped), trees, tree limbs
(whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and
shavings. Wood waste does not include (i) grass, grass clippings, bushes,
shrubs, and clippings from bushes and shrubs from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands; (ii) construction,
renovation, or demolition wastes; or (iii) clean lumber.
(25) Yard waste ..... means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs that come from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands. Yard waste does not
include (i) construction, renovation, and demolition wastes or (ii) clean
wood.
Sec. 7-9. - Enforcement.
The Isle of Wight County Chief of Emergency Services or his designee is hereby
appointed as fire code official for purposes of this Chapter 7, Article III and shall
be vested with the authority to enforce those provisions of the Virginia Statewide
Fire Prevention Code, or such other more restrictive regulations, as the Isle of
Wight County Board of Supervisors may deem appropriate pertaining to fires and
other related laws and regulations including those laws prohibiting parking in fire
lanes. (10-2-08; Ord. No. 2011-8-C, 5-12-11; I
Sec. 7-10. - Right to enter property.
The fire code official or his designee shall have the right, pursuant to the
Virginia Code, Title 27, Chapter 3, to enter upon any property from which a
release of any hazardous material, hazardous waste, or regulated substance, as
defined in the Virginia Code, has occurred or is reasonably suspected to have
occurred and which has entered into the ground water, surface water or soils of
the county in order to investigate the extent and cause of any such release. If, in
undertaking such an investigation, the fire code official or his designee makes an
affidavit under oath that the origin or cause of any such release is undetermined
and that he has been refused admittance to the property, or is unable to gain
permission to enter the property, any magistrate may issue an investigation
warrant to the fire code official or his designee authorizing entry upon such
property for the purpose of determining the origin and source of the release. If
the fire code official or his designee, after gaining access to any property pursuant
to such investigation warrant, has probable cause to believe that the release was
caused by any act constituting a criminal offense, the investigation shall be
discontinued until a search warrant has been obtained or consent to conduct the
search has otherwise been given. (10-2-08; .)
Sec. 7-11. - Fire code appeals board.
The fire code appeals board is hereby established and shall be made up of
those same members appointed by the Isle of Wight County Board of Supervisors
to act as members of the board of building appeals. The board shall be composed
of at least five members who meet the qualifications set out in the Statewide Fire
P
Prevention Code. The members of the fire code appeals board shall be appointed
by the Board of Supervisors to serve, at the pleasure of the Board of Supervisors,
for four-year terms. The fire code appeals board shall hear appeals made by any
person who has been cited for a violation and is aggrieved by any decision or
interpretation of the fire code official made under the provisions of the Statewide
Fire Prevention Code. Such appeals shall be submitted and heard in accordance
with the provisions of the Statewide Fire Prevention Code. (10-2-08; Ord. No.
2011-8-C, 5-12-11; .)
Sec. 7-12. - Limitation on setting fires in or near woodlands or brushlands.
(a) It shall be unlawful for any owner or lessee of land to set fire to, or to procure
another to set fire to, any woods, brush, logs, leaves, grass, debris, or other
inflammable materials upon such land unless he previously has taken all
reasonable care and precaution, by having cut and piled the same or carefully
cleared around the same, to prevent the spread of such fire to lands other
than those owned or leased by him. It shall also be unlawful for any employee
of any such owner or lease of land to set fire to or to procure another to set
fire to any woods, brush, logs, leaves, grass, debris, or other imflammable
material, upon such land unless he has taken similar precautions to prevent
the spread of such fire to any other land.
(b) Except as provided for in subsection (c) below, during the period of February
15 through April 30 of each year, even though the precautions required by the
foregoing subsection have been taken, it shall be unlawful for any person to
set fire to, or to procure another to set fire to, any brush, leaves, grass, debris
or field containing dry grass or other inflammable material capable of
spreading fire, located in or within three hundred (300) feet of any woodland,
brushland or field containing dry grass or other inflammable material, except
between the hours of 4:00 p.m. and 12:00 midnight. The provisions of this
subsection shall not apply to any fires which may be set to prevent damage to
orchards or vineyards by frost or freezing temperatures.
(c)Subsection (b) shall not apply to any fire set during the period beginning
February 15 throught April 30 of each year, if:
(1) The fire is set for "prescribed burning" that is conducted in accordance
with a "prescription" and managed by a "certified prescribed burn
manager" as those terms are defined in Section 10.1-1150.1 of the Code of
Virginia (1950, as amended);
(2) The burn is conducted in accordance with Section 10.1-1150.4 of the Code
of Virginia (1950, as amended);
(3) The State Forester has, prior to February 1, approved the prescription for
the burn; and
(4) The burn is being conducted for one of the following purposes: (i) control
of exotic and invasive plant species that cannot be accomplished at other
times of the year, (ii) wildlife habitat establishment and maintenance that
cannot be accomplished at other times of the year, or (iii) management
necessary for natural heritage resources.
The State Forestor may, on the day of any burn planned to be conducted
pursuant to this subsection, revoke his approval of the prescription for the
burn if hazardous fire conditions exist. The State Forestor may revoke the
Z
certification of any certified prescribed burn manager who violates any
provision of this subsection.
(d) Any person who builds a fire in the open air, or uses a fire built by another in
the open air, within one hundred fifty (150) feet of any woodland, brushland
or field containing dry grass or other inflammable material, shall totally
extinguish the fire before leaving the area and or prior to leaving the fire
unattended.
(e) Any person violating any provision of this section shall be guilty of a Class 3
misdemeanor for each separate offense. If any forest fire shall originate as a
result of such violation by any person of any provision of this section, such
person shall, in addition to such penalty, be liable to the Commonwealth and
to the County for the full amount of all expenses incurred by the
Commonwealth and the County in suppressing such fire. Sch amounts shall
be recoverable by action brought by the state forester in the name of the
Commonwealth, on behalf of the Commonwealth, or by the fire code official
on behalf of the County. (10-2-08; .)
Sec. 7-13. - Prohibitions on open burning.
(a) No owner or other person shall cause or permit open burning or the use of a
special incineration device for the destruction of refuse except as provided for
in this Article Ill.
(b) No owner or other person shall cause or permit open burning or the use of a
special incineration device for the destruction of rubber tires, asphaltic
materials, crankcase oil, impregnated wood or other rubber or petroleum
based materials except when conducting bona fide firefighting instruction at
firefighting training schools having permanent facilities.
(c) No owner or other person shall cause or permit open burning or the use of a
special incineration device for the destruction of hazardous waste or
containers for such materials.
(d) No owner or other person shall cause or permit open burning or the use of a
special incineration device for the purpose of a salvage operation or for the
destruction of commercial/industrial waste.
(e) Open burning or the use of special incineration devices permitted under the
provisions of this Article Ill does not exempt or excuse any owner or other
person from the consequences, liability, damages or injuries that may result
from such conduct; nor does it excuse or exempt any owner or other person
from complying with other applicable laws, ordinances, regulations and
orders of the governmental entities having jurisdiction, even though the open
burning is conducted in compliance with this Article III. In this regard, special
attention should be directed to Section 10.1-1142 of the Code of Virginia
(1950, as amended), the regulations of the Virginia Waste Management
Board, and the State Air Pollution Control Board's Regulations for the Control
and Abatement of Air Pollution.
(f) Upon the declaration of an alert, warning or emergency stage of an air
pollution episode, as described 9 VAC 5-70 or when deemed advisable by the
State Air Pollution Control Board to prevent a hazard to, or an unreasonably
burden upon, public health or welfare, no owner or other person shall cause
or permit open burning or use of a special incineration device; and any in the
10
process of burning or using a special incineration device shall immediately
terminate such use in the designated air quality control region.
Sec. 7-14. — Special provisions/exemptions.
(a) Within the development service districts (DSDs), as specified in this article,
open fires and open burning are generally prohibited except as provided in
this Chapter 7, Article III.
(b) In all other non -DSD designated areas of the county, open fires and open
burning of leaves and tree, yard and garden trimmings located on the
premises of private property by the residents of such property is permitted
pursuant to section 7-15(a).
(c) Notwithstanding subsections (a) and (b) of this section, open burning is
permitted for bona fide training and instruction of government and public fire
fighters under the supervision of the designated official and industrial in-
house fire fighting personnel; for camp fires or other fires that are used solely
for recreational purposes; for ceremonial occasions; for outdoor
noncommercial preparation of food; for the destruction of classified military
documents; and for warming of outdoor workers; provided that there shall be
no burning of garbage or refuse, tires, asphaltic materials, crank case oil,
impregnated wood or other rubber or petroleum based materials or toxic or
hazardous materials or of containers for such materials. (10-2-08;
Sec. 7-15. - Permissible open burning.
(a) Open burning is permitted outside of the DSDs on site for the destruction of
leaves, tree, yard and garden trimmings, (i) originally grown on the premises
of private property by the residents of such property, provided that the
burning takes place on the premises of the private property and there is no
regularly scheduled public or private collection service for such trimmings
available at the adjacent street or public road and (ii) the location of the
burning is not less than three hundred (300) feet from any occupied building
unless the occupants have given prior permission, other than a building
located on the property on which the burning is conducted.
(b) Open burning is permitted within the DSDs on site for the destruction of
leaves and tree, yard and garden trimmings located on the premises of private
property by the residents of such property, provided that the following
conditions are met:
(1) The burning takes place on the premises of the private property;
(2) The location of the burning is not less than three hundred (300) feet from
any occupied building unless the occupants have given prior permission,
other than a building located on the property on which the burning is
conducted; and
(3) No regularly scheduled public or private collection service for such
trimmings is available at the adjacent street or public road.
(c) Open burning is permitted within the DSDs on site for destruction of debris
waste resulting from the development or modification of roads and highways
by or authorized by the Virginia Department of Transportation, railroad tracks,
pipelines, power and communication lines, sanitary landfills, or from other
11
public clearing operations that may be approved by the Isle of Wight County
Board of Supervisors, provided that the following conditions are met:
(1) All reasonable effort shall be made to minimize the amount of material
burned, with the number and size of the debris piles approved by the Isle
of Wight County Chief of Emergency Services;
(2) The material to be burned shall consist of brush, stumps and similar debris
waste and shall not include demolition material;
(3) The burning shall be at least five hundred (500) feet from any occupied
building unless the occupants have given prior permission, other than a
building located on the property on which the burning is conducted;
(4) The burning shall be conducted at the greatest distance practicable from
highways and airfields;
(5) The burning shall be attended at all times and conducted to ensure the
best possible combustion with a minimum of smoke being produced;
(6) The burning shall not be allowed to smolder beyond the minimum period
of time necessary for the destruction of the materials; and
(7) The burning shall be conducted only when the prevailing winds are away
from any city, town or built-up area.
(d) Section 7-15(a) through (c) notwithstanding, no owner or other person shall
cause or permit such open burning or the use of a special incineration device
May 1 through September 30 of each year. (10-2-08; Ord. No. 2012-4-C, 3-15-
12; . )
Sec. 7-16. - Permit requirements.
(a) Within the DSDs, any person conducting burning for land clearing or
construction purposes shall first obtain a permit from the county fire code
official or his designee. No such permit shall be issued for such burning
operations unless:
(1) Burning is conducted at least seven hundred fifty feet from the nearest
occupied dwelling;
(2) Burning is conducted while using an open pit incinerator; and
(3) Burning is conducted in an approved open burning pit by the fire official.
(b) Application for any required permit shall be made to the county fire code
official or his designee at least fourteen days prior to the burning, on forms
prescribed by the fire code official. The fire code official shall establish
procedures for issuance of permits and shall include in the permits restrictions
and conditions determined by the fire code official to be necessary to assure
control of the fire and to minimize the impact on air quality.
(c) Permits shall be effective for a maximum period of ninety (90) days from the
date of issuance. (10-2-08; .)
Sec. 7-17. - Notice.
In order to protect the health and safety of the other citizens of Isle of Wight
County, all citizens engaged in open burning, whether within or outside of the
DSDs, are encouraged to call the Isle of Wight County Emergency Communications
Center to advise the county of that citizen's intent to engage in open burning
practices. It is the intention of the Isle of Wight County Board of Supervisors that
12
such notice will reduce the number of unnecessary dispatches of Isle of Wight
County fire fighting personnel. The failure of a citizen to notify the emergency
communications center prior to or during an open burning shall not, unless
otherwise provided herein, constitute a violation of this Article 111. (10-2-08;
Sec. 7-18. - Open burning may be prohibited in all or part of the county.
(a) Whenever the fire code official, after consultation with appropriate agencies
and the county administrator, declares that a drought condition exist so as to
create an extraordinary fire hazard, the fire code official may declare that
open burning is prohibited in part or all of the county. Following such a
declaration, it shall be unlawful for any person to burn brush, grass, leaves,
debris or any other flammable material or to ignite or maintain any open fire
within the county or within any part of the county subject to the prohibition.
The declaration of the fire code official shall remain effective until the fire
code official declares the condition and the prohibition to have terminated.
(b) When any such declaration is issued, amended or rescinded, the fire code
official shall promptly post a copy of the declaration, amendment or rescission
at the front door of the county courthouse, administration building and at
each fire station in the area of the county in which the emergency has been
declared. In addition, the fire code official shall publish the declaration,
amendment or rescission in a newspaper of general circulation. (10-2-08.)
Sec. 7-19. - Enforcement.
The provisions of this chapter shall be enforced by the fire code official, or his
designee, and the sheriff. (10-2-08.)
Sec. 7-20. - Penalties.
Except as provided in section 7-17, any person violating any provisions of this
Chapter 7, Article III shall be guilty of a class 1 misdemeanor. Each separate
incident may be considered a new violation. (10-2-08; .)
BE IT FURTHER ORDAINED that Chapter 7. Fire Protection. be further
amended and reenacted with the inclusion the following new article:
Article IV. Special Regulations_ for the Disposal or Storage of Tires.
Sec. 7-21. — Purpose
The purpose of this article is to regulate the disposal or storage of tires in
order to promote resource conservation and resource recovery, and to prevent
any hazards, fire or otherwise, that may be created by such disposal or storage
and to protect the health, safety, and general welfare of the citizens of the
county.
Sec. 7-22. —Administration and enforcement of article
It shall be the duty of the fire official to administer and enforce this article.
The fire official shall have all necessary authority on behalf of the board of
supervisors to enforce this article including the ordering of the remedying of an
conditions found to be in violation and the bringing of legal action to ensure
compliance with same as morespecifically set forth in section 7-27 below.
Sec. 7-23. -- Storage limitations
13
a Any person accumulating, storing or disposing of more than 250 used tires
at any one time on a site within the county shall notify the fire official so that such
information can be entered into the emergency response data base.
b Any person proposing to accumulate store or dispose of more than 1,000
used tires other than in a fully enclosed building or trailer, shall secure a permit
approved by thefire official. The permit application shall be filed with the fire
official and shall include sufficient plans, drawings and other information to
demonstrate compliance with the performance standards set forth in section 7-24
below and shall be accompanied by an application/review fee as set forth in the
Isle of Wight County Uniform Fee Schedule as it may be amended from time.
Permits issued shall be in effect fora period of two 2 ears from the date of
issuance.
Sec. 7-24. — Storage methods and standards.
Any storage of more than 1,000 used tires shall be in accordance with the
following standards unless within a fully enclosed building or trailer:
a Tires may be stockpiled in cells covering a maximum surface area of 5,000
s ware feet each. The maximum width of any stockpile shall be fifty 50 fee and
the maximum height shall be five 5 feet.
b Stockpiles shall be separated by a minimum distance of fifty 50 feet and
shall be located a minimum distance of fifty 50 feet from any building or
structure and any perimeter _property line. These fifty 50 foot separation areas
shall be maintained free of obstructions at all times and maintained so as to
permit emergency apparatus access.
(c) The maximum distance from any portion of the stockpile to an emergency
access lane capable of accommodating fire response apparatus shall be 150 feet._
d An adequate water supply for fire suppression, as determined by the fire
official shall be available to the site.
(e) All outdoor storage sites shall be enclosed by an appropriately sized chain-
link fence and access shall be controlled by a lockable gate. If storage is within a
fully enclosed trailers no fence shall be required.
f Appropriate and adequate provisions shall be made for stormwater
management on the site. In addition the drainage plan for the site shall be
developed to manage properly any runoff that would result from fire suppression
efforts in the event of a fire in any of the stockpiles.
Sec. 7-25. — Temporary storage
When the accumulation of tires on a site will exceed 1,000 tires for less
than ninet 90 days, the permit provisions of section 7-23(b) shall not be
required; provided, however, that all performance standards stipulated in section
7-24 and the notification requirement of 7-23(a) for the storage cells shall be
observed or the tires in excess of 1,000 shall be contained within a fully enclosed
building or storage trailer.
Sec. 7-26. — Exception
Any person holding a current and valid permit from the Virginia
Department of Waste Management for the operation of a sanitarV landfill shall be
exempt from the permit requirements set forth in section 7-23(b). The fire
official however, may impose reasonable fire safety requirements on the
operator including, but not limited to anV of the requirements set forth in section
7-24 above.
Sec. 7-27. — Violations of this article
14
a Any violation of this article shall be deemed a Class 1 misdemeanor
punishable by a fine of not more than $2,500.00, twelve (12) months in jail, or
both.
b In case of a violation or attempted violation of a provision of this article
the fire official may institute appropriate roceedin s or actions to prevent such
violation or attempted violation to restrain correct or abate such violation or
attempted violation, and to prevent any act which would constitute a violation of
this article. The fire official is hereby authorized and empowered to notify the
appropriate erson of anV violation of this article and to direct compliance with
the terms of this article within a reasonable time specified in the notice. Such
notice shall be sent by certified mail addressed to the last known address of the
person responsible for the violation.
(c) The failure, neglect or refusal of any person or other entity to whom a
notice of violation is sent to comply with the notice within the timespecified,
shall constitute another violation and shall be sub'ect to the same PenaltV as set
forth in subsection (a) of this section.
11
Chairman Jefferson opened the public hearing on the following:
B. Deed of Easement for Utilities, Ingress & Egress over County Property
County Attorney Popovich represented the request from Cedar Home
Investments LLC, owner of a parcel adjacent to a parcel owned by the County off
Duke's Lane. He advised that in order for the applicant to sell the property, a
deed of easement for utilities, ingress and egress over County property is
necessary.
Chairman Jefferson called for persons to speak in favor of or in opposition to the
matter.
No one appeared and spoke.
The public hearing was closed.
Supervisor McCarty moved that the Deed of Easement be approved as presented.
The motion was adopted unanimously (5-0).
Chairman Jefferson opened the public hearing on the following:
C. An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Chapter 8. Garbage, Weeds and Litter. By
Enacting Article IX. Running Bamboo
County Attorney Popovich represented the request of a citizen to adopt an
ordinance to control running bamboo.
Chairman Jefferson called for persons to speak in favor of or in opposition to the
proposed ordinance.
No one appeared and spoke.
The public hearing was closed.
Supervisor Acree moved that the following Ordinance be adopted which passed
unanimously (5-0):
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 8. GARBAGE, WEEDS AND LITTER. BY ENACTING ARTICLE IX. RUNNING
BAMBOO.
15.2-901.1 of the Code of Virginia (1950, as amended) which grants localities the
authority to enact an ordinance for the purpose of controlling running bamboo;
and
deems it appropriate to enact such an ordinance;
County Board of Supervisors that Chapter 6. Garbage, Weeds and Litter be
amended by enacting the following new provisions:
Article IX. Running Bamboo.
Sec. 8-30. — Purpose: Intent.
The purpose of this Article is to preserve and protect private and public property,
indigenous plant materials, and property values from the damaging spread of
running bamboo grasses. It is the finding of Isle of Wight County that the planting
or the growing of running bamboo within Isle of Wight County has been and will
continue to be destructive to the natural environment and destructive to
structures and walkways on properties adjoining and neighboring those
properties where running bamboo has been planted or permitted to grow; and
because of these effects, the planting or growing of running bamboo threatens
the value and physical integrity of both public and private property in Isle of
Wight County. Therefore, in order to protect and preserve said environment and
property values, it is the intent of Isle of Wight County to regulate the planting or
growing of running bamboo within Isle of Wight County.
Sec. 8-31. — Definitions.
As used in this Article, the following terms shall have the following meanings:
Running bamboo means any tropical or semi -tropical grass with a monopodial
(leptomorph) rhizome (root) system characterized by aggressive spreading
behavior, typically producing rhizomes far away from the plant. Running bamboo
includes, but is not limited to, the plant genera Phyllostachys. In the event
16
running bamboo is found to have encroached, spread, invaded, or intruded upon
any other property or public right of way, said species shall be presumed to be
classified as "running bamboo." This presumption shall be rebuttable. As used in
this Article, running bamboo shall not include clumping bamboo.
Clumping bamboo means any tropical or semi -tropical grass with a sympodial
(pachymorph) root system that typically produces rhizomes near the base of the
plant.
Sec. 8-32. — Duty to contain running bamboo; exception.
A. Except as provided in subsection C of this section, a landowner on whose
property running bamboo grows shall not allow the running bamboo to spread
from his property to any adjoining property not owned by the landowner or
within ten feet of a public right of way or a public roadway.
B. A landowner on whose property running bamboo grows shall install or
implement an appropriate containment measure effective at preventing such
running bamboo from spreading from his property onto an adjoining property not
owned by the landowner or within ten feet of a public right of way or public
roadway.
C. A landowner on whose property running bamboo has spread from an adjoining
property shall not be required to install or implement a containment measure to
prevent the spread of this running bamboo if he:
1. Did not plant the running bamboo or cause the running bamboo to be
planted or grown on his property;
2. Has provided satisfactory proof to Isle of Wight County that, within a
reasonable period of time after (i) discovering the spread of running bamboo onto
his property from an adjoining property or (ii) purchasing property on which
running bamboo had spread from an adjoining property, he advised the owner of
the adjoining property of his objection to the spread of the running bamboo; and
3. Has initiated steps for the removal of the running bamboo from his property,
including remedies at law.
Sec. 8-33. — Containment measures.
A. An appropriate containment measure is any measure that prevents running
bamboo from spreading to adjoining property or within ten feet of public right of
way or public roadway.
B. A barrier used as a containment measure shall be:
1. Impenetrable to running bamboo; and
2. Installed at a sufficient depth within the property where the running
bamboo is planted or growing to prevent the growth of the running bamboo on or
the encroachment of the running bamboo upon adjoining property or within ten
feet of a public right of way or public roadway.
C. A trench used as a containment measure shall be a sufficient depth within the
property where the running bamboo is planted or growing to prevent the growth
17
of the running bamboo on or the encroachment of the running bamboo upon
adjoining property or within ten feet of a public right of way or public roadway.
Sec. 8-34. — Penalties.
A. A landowner in violation of this chapter shall be subject to a civil penalty not to
exceed $50 for the first violation or violations arising from the same set of
operative facts.
B. The civil penalty for subsequent violations not arising from the same set of
operative facts within 12 months of the first violation shall not exceed $200.
C. Each business day during which the same violation is found to have existed
shall constitute a separate offense. In no event shall a series of specified
violations arising from the same set of operative facts result in civil penalties that
exceed a total of $3,000 in a 12 -month period.
Chairman Jefferson opened the public hearing on the following:
D. Great Spring Road/Sale of Property
County Attorney Popovich represented a request from an unsolicited offer of Mr.
and Mrs. Chris Story to purchase a parcel owned by the County on Great Springs
Road for the purpose of building a single-family home.
Chairman Jefferson called for persons to speak in favor of or in opposition to the
proposed sale.
Chris and Amy Story requested the Board's favorable consideration of their
request.
Supervisor Grice moved to accept the proposal for the purchase of parcel ID 21-
01-083D which passed by unanimous vote (5-0).
County Attorney Popovich advised Mr. and Mrs. Story that he would prepare the
Deed and Bargain of Sale for the parcel.
Chairman Jefferson opened the public hearing on the following:
E. Blackwater Property/Agreement to Allow the Virginia Department of Game
and Inland Fisheries to Manage County Property
County Attorney Popovich advised that the Board had recently received
information from the Department of Game & Inland Fisheries regarding the
potential management by the State of the Blackwater River property owned by
the County. He advised that for the past several years, this property has been
leased to local hunt clubs under an RFP and that those leases are set to expire in
June of 2018. He stated pursuant to the State's desire to assist the County in
managing the property, the Board had taken action to authorize a public hearing
18
although not required to do so in order to receive information from the public as
to whether or not to move forward with the State managing the property.
David Smith, Director of Parks and Recreation, briefed the Board regarding the
management of the property and recommendations for other uses of that
property.
Chairman Jefferson called for persons to speak in favor of or in opposition.
William J. Holloman of Smithfield spoke against the County leasing the property
to the State citing safety concerns with non -County residents. He urged the
Board to table this matter for further discussion.
Fred Mitchell of Carrollton, on behalf of the Isle of Wight Hunt Club, spoke in
favor of the land being leased to hunt clubs who currently manage the property.
He asked that the Board table the matter for further discussion.
Bruce Carrol of Stallings Creek Drive spoke against the property being managed
and leased to the State. He stated the property is being well managed by the
hunt clubs currently leasing it and he asked that further consideration be given to
what to do with the property.
Albert Burckard of the Newport District spoke against the property being leased
to the State. He relayed the level of difficulty in past search and rescue efforts by
the Isle of Wight Volunteer Rescue Squad at Ragged Island.
Jim Adams, presented a request of the hunt club he belongs to located near
Bacon's Castle in Surry County. He advised that the criteria that 51% of the club's
membership must be County residents prevents many clubs from being able to
lease the land and he requested that the Board consider waiving that
requirement.
Buxton Wales of Smithfield spoke in favor of the County leasing the property to
County hunt clubs.
Rob Wilson of Strawberry Plains Road and adjacent property owner to the
Blackwater property advised of stray hunting dogs that come on his property and
truck traffic at excessive speeds on his gravel road. He spoke in support of the
County allowing the State to manage the property for use by all County citizens.
The public hearing was closed.
Following discussion by the Board, Supervisor Acree moved that the matter be
tabled until the Board's July 19, 2018 regular meeting to allow the Board
additional time to consider the best uses for that property which passed
unanimously (5-0).
The Board took a recess.
19
11
COUNTY ADMINISTRATOR'S REPORT
Donald T. Robertson, Assistant County Administrator, briefed the Board regarding
a VACo Achievement Award Submittal for Program Using GIS to Improve Erosion
and Sedimentation Control Inspection Efficiency.
Matters for the Board's information were highlighted by County Administrator
Keaton.
Jamie Oliver, Transportation Planner, apprised the Board on the County's
submittal of the following four pre -applications for smart scale funding under
VDOT transportation projects: Broadwater road; the Windsor six -point
intersection; the Windsor 460 and 258 intersection at the Dairy Queen; and, a
pedestrian crossing at Eagle Harbor.
County Administrator Keaton offered to speak with the Windsor Town Manager
and Supervisor Rosie regarding the submittal of an application on behalf of the
Town of Windsor.
County Administrator Keaton commented that Tom Elder, the County's Director
of Economic Development, had suddenly passed away at his home.
UNFINISHED OLD BUSINESS
County Administrator Keaton requested the Board's approval of a Water Services
Agreement with the Town of Smithfield related to the boundary line adjustment.
Supervisor McCarty moved to authorize execution of an addendum to the Water
Services Agreement with the Town of Smithfield which passed unanimously (5-0).
NEW BUSINESS
Amy Ring, Director of Planning and Zoning, presented the application of Mike
Coyne, applicant, and Henry E. Layden, property owner, for an exception to
Section 6-1010.8.6 of the Highway Corridor Overlay District Regulations of the Isle
of Wight County Zoning Ordinance which requires that all vehicular movement
and parking areas with five or more spaces be paved for nonresidential uses.
Supervisor Acree moved to approve the proposed exception request which
passed by unanimous vote (5-0).
Supervisor Grice moved that a landscaping grant be awarded to Old Dominion
Hay not to exceed $10,000, which passed unanimously (5-0).
Supervisor Acree requested that landscaping requirements be a topic of
discussion at a future work session regarding the original intent of these
requirements and examples being provided by the Department of Planning &
Zoning.
IIA
0411
County Administrator Keaton presented an agreement for implementation of the
HOME Investment Partnership Program with the Hampton Roads Planning District
Commission.
Supervisor Grice moved to authorize execution of an agreement for
implementation of HOME Investment Partnership Programs with the Hampton
Roads Planning District Commission which passed by unanimous vote (5-0).
County Administrator Keaton presented a Partnership Agreement between the
isle of Wight Museum & Town of Smithfield.
Supervisor Grice moved to authorize execution of the agreement which passed by
unanimous vote (5-0).
Staffing issues in the Juvenile Domestic Relations Court were discussed and the
Board was asked to anticipate a request in the near future in the amount of
$12,000 to make a part-time position full-time.
ADJOURNMENT
At 9:00 p.m., Chairman Jefferson declared the meeting adjourned.
RudoIp Jefferson, Chairman
Car Mill Stor , Clerk