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11-16-23 -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 LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON WEDNESDAY, THE SIXTEENTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND TWENTY-THREE AT 5:00 P.M. BOARD MEMBERS PRESENT William M. McCarty, District 2, Chairman Joel C. Acree, District 4, Vice -Chairman Richard L. Grice, District 1 Don G. Rosie, II, District 5 Rudolph Jefferson, District 3 STAFF MEMBERS PRESENT Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Robert W. Jones, Jr., County Attorney Carey Mills Storm, Clerk CALL TO ORDER Chairman McCarty called the regular meeting to order at 5:00 p.m. APPROVAL OF AGEND On motion of Supervisor Jefferson, the agenda was adopted (5-0) as presented with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. CLOSED MEETING Supervisor Jefferson moved to enter a closed meeting pursuant to Section 2.2- 3711(A) of the Code of Virginio for the limited purpose of: (1) A discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1 and (2) consultation with legal 1 counsel regarding actual or probable litigation regarding Chesapeake Bay Preservation Area, Zoning Violations, and Drainage Outfalls, where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. At 6:00 p.m. and upon motion of Chairman McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Chairman McCarty and all voting in favor (5-0), 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. 2 VOTE AYES: McCarty, Acree, Jefferson, Rosie, Grice NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Chairman McCarty delivered the invocation and led the Pledge of Allegiance to the American flag. CITIZENS' COMMENTS Wayne Gustison of Ivor expressed concern with AES's Sycamore Cross 240 MW solar project. Chairman McCarty requested Mr. Gustison to provide his contact information to the County Attorney Brian Hill of the Windsor District requested the Board's consideration of veterans receiving tax exemptions for two vehicles. Chairman McCarty requested Mr. Hill to provide his contact information to the County Attorney. Herb DeGroft of the Carrsville District spoke against the Board providing additional funding to the School Board. CONSENT AGENDA Following an overview of the Consent Agenda by County Administrator Keaton, Vice -Chairman Acree moved to adopt the following Consent Agenda as presented which passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion: e3 RESOLUTION TO AMEND THE FY 2023-2024 GRANT FUND BUDGET AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES ALCOHOL ENFORCEMENT PROGRAM WHEREAS, the Sheriff's Office of the County of Isle of Wight, Virginia has received a grant from the Commonwealth of Virginia Department of Motor Vehicles for the Alcohol Enforcement Program; and, WHEREAS, grant funds in the amount of $12,850 from the Commonwealth of Virginia Department of Motor Vehicles need to be budgeted to the FY 2023-2024 Grant Fund budget of Isle of Wight County and appropriated for the purpose of conducting an Alcohol Enforcement Program. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the FY 2023-2024 budget be amended and grant funds in the amount of $12,850, or so much as shall be received from the Commonwealth of Virginia Department of Motor Vehicles, be appropriated for the Alcohol Enforcement Program. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. RESOLUTION TO AMEND THE FY 2023-2024 GRANT FUND BUDGET AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES POLICE TRAFFIC SERVICES ENFORCEMENT PROGRAM WHEREAS, the Sheriff's Office of the County of Isle of Wight, Virginia has received a grant from the Commonwealth of Virginia Department of Motor Vehicles for the Police Traffic Services Enforcement Program; and, WHEREAS, grant funds in the amount of $29,815 from the Commonwealth of Virginia Department of Motor Vehicles need to be budgeted to the FY 2023-2024 Grant Fund budget of Isle of Wight County and appropriated for the purpose of conducting a Police Traffic Services Enforcement Program. 11 NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the FY 2023-2024 budget be amended and grant funds in the amount of $29,815, or so much as shall be received from the Commonwealth of Virginia Department of Motor Vehicles, be appropriated for the Police Traffic Services Enforcement Program. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. RESOLUTION TO AMEND THE FY 2023-24 OPERATING BUDGET AND APPROPRIATE FUNDING FOR THE FIFTH DISTRICT COURTJUVENILE DETENTION AGREEMENT WHEREAS, the County of Isle of Wight, VA is a locality in Virginia's Fifth Court District and has agreed to act as fiscal agent for the Juvenile Detention facility agreement between the County of Henrico, James River Juvenile Detention Center and the Cities of Suffolk and Franklin and the Counties of Isle of Wight and Southampton, VA; and, WHEREAS, the County of Isle of Wight, as fiscal agent, will pay the quarterly cost of reserving residential placement at the detention facility and subsequently bill the participating localities in quarterly increments for their portion of the reserve cost based on a 3-year average detention population for the Cities of Suffolk ($476,226), Franklin ($57,510) and Southampton County ($38,064); and, WHEREAS, the Board of Supervisors needs to budget recovered costs revenue and appropriate funding in the amount of $571,800 in the County's General Fund for payment to the juvenile detention facility in excess of the amount budgeted for Isle of Wight County's portion. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2023-24 General Fund budget is hereby amended, and funds appropriated in the amount of $571,800 to Fifth District Court Services for the juvenile detention agreement. 5 BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. RESOLUTION TO AMEND THE FY2023-2024 BUDGET AND APPROPRIATE FUNDS FOR THE SMITHFIELD SIDEWALK PROJECT WHEREAS, Isle of Wight County and the Town of Smithfield are working cooperatively to improve pedestrian access and mobility in the Town along Main Street from Grace Street to Westside Elementary School; and, WHEREAS, additional grant funding in the amount of $232,252 has been approved and allocated by the Hampton Roads Transportation Planning Organization (HRTPO) for the sidewalk improvement project in the Town; and, WHEREAS, additional funding in the amount of $23,641 specific to VDOT project oversight costs for construction has been approved, and WHEREAS, the Board of Supervisors of Isle of Wight County needs to budget and appropriate a total of $255,893 to the Smithfield Sidewalk project. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the FY 2023-2024 Capital Project Fund budget be amended and funds appropriated in the amount of $255,893 to the Smithfield Sidewalk project. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all programmatic documents, make all such accounting adjustments, and execute all such agreements and contracts as necessary to complete construction of the Smithfield Sidewalk construction project (UPC 102951). 0 The Parks & Recreation Department will be acquiring two (2) 2024 Dodge Ram 2500 44 Crew Cab Pickup Trucks under the State Contract for departmental operations. The vehicles will be used for daily travel to and from work sites. One of the trucks will be outfitted with equipment for snow removal. Acquisition cost of trucks is $124,855. REGIONAL AND INTER -GOVERNMENTAL REPORTS Vice -Chairman Acree reported that the subject of affordable housing was discussed at the most recent meeting of the Hampton Roads Planning District Commission. Vice -Chairman Acree reported on his recent attendance at the Virginia Association of Counties Annual Conference. He was a moderator of a discussion involving recruitment and retention of public safety employees. The County relies heavily on volunteers for emergency services in the County. Supervisor Rosie reported on the discussion held at the most recent meeting of the Hampton Roads Military and Federal Facilities Alliance regarding a lack of affordable housing in the County which affects recruitment. He reported that he attended committee meetings at the Virginia Association of Counties most recent annual conference which addressed the issue of affordable housing and how to take care of and meet the needs of military wives and children with regard to their mental health. Chairman McCarty reported on discussions held on sessions held regarding transportation issues at the most recent Virginia Association of Counties annual conference. He further reported on discussions held at today's Hampton Roads Transportation Planning Organization related to regional transportation matters. APPOINTMENTS Chairman McCarty moved to appoint Rita Gibson to replace Catherine Funk as the at -large member on the Blackwater Regional Library Board. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. Supervisor Grice moved that Carolyn Keen be reappointed to the Historical Architectural Review Committee serving the Smithfield District. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. Vice -Chairman Acree recommended that interested candidates reach out to the Board indicating their interest in serving on the Commission on Adults with Disabilities. SPECIAL PRESENTATIONS Bonnie Dozier, Benefits Team Leader at Senior Services of Southeastern Virginia, provided information on the Medicare program as it relates to eligibility and other program components. A report on the 2023 County Fair was presented by Jenilee Hallman, Department of Parks and Recreation. A presentation on VDOT's "Paint the Plow" Program was provided by Julie Boswell, Transportation Department. The Board took a brief recess and upon returning to open session, Chairman McCarty called for the County Attorney's report. January 2024 Isle of Wight County Board of Supervisors' By -Laws and Rules of Procedure The Board was requested to review and advise County Attorney Jones of any proposed changes or revisions to its by-laws and rules of procedure for adoption at its organizational meeting in January 2024. PUBLIC HEARINGS Chairman McCarty called for a public hearing on the following: Application of Courthouse Hwy Solar 1, LLC, Applicant, and Michael S. Doggett, Property Owner, fora Conditional Use Permit for a Major Utility Service, Specifically a 3 MW Utility -Scale Solar Energy Generation Facility, on Eighteen Acres Located at 16419 Courthouse Highway in the Rural Agricultural Conservation (RAC) Zoning District. Trenton Blowe, Planning & Zoning Department, provided background information on the application related to location, tax map number, zoning, election district, request, agency reviews, strengths and weaknesses, and the Planning Commission's recommendations. Chairman McCarty called for persons to speak in favor of or in opposition to the application. Jessie Robinson, Sr. Project Developer and Quentin Wood, Project Engineer with New Leaf Energy, provided background information on New Leaf Energy, to include location, why this location was chosen, a sample of an already built small-scale solar project, conceptional landscape plan, access to the project, community outreach, and the benefits of small-scale solar projects. Michael Doggett, property owner, advised that New Leaf Energy worked very close with the County on this project and they made special effort to put this project on a small piece of land, keeping in mind that projects in the County not interfere with productive farmland. David Tucker of 6152 Old Stage Highway commented that what a person does with their property is their own business, except for regulated products such as electricity. He inquired how much Federal loans/grants are going towards this project. He stated in order to support solar and wind, electric rates will increase 0 120% by 2035. He stated that Woodlands solar project decreased by 25% in its energy production. Jean Doggett Moody of Courthouse Highway appeared and asked the Board to deny the application. Megan Doggett of Poor House Road spoke in support of the project which will be located adjacent to her home because she believes it is the best use for this parcel which will also be an excellent source of revenue for the County. Chairman McCarty closed the public hearing and called for comments by the Board. Supervisor Grice recommended that staff negotiate with the property owner so that the property will be maintained in the future. Scott Foster pointed out that Condition #8 does require that the vegetative cover will be managed with mowing and/or grading. Supervisor Grice moved to approve the Conditional Use Permit for the solar project, as well as the withdrawal of the acreage from the Forrestal District with the conditions as presented. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. Chairman McCarty called for a public hearing on the following: Ordinance to Amend Appendix B. Zoning: Article III, Section 3-6000 (Use Types), Article IV (Zoning Districts and Boundaries), Article V (Supplementary Use Regulations), and Section 5-5005. Amy Ring, Director of Planning and Zoning, reviewed the proposed short-term rental Zoning Ordinance changes, beginning with a description of short-term rental -commercial use types; permitted uses in RAC and RR zoning districts; conditional use in VC, RR, NC, SE, SR, UR, PD-R, PD-MX and PD-MH. She continued with proposed performance criteria as outlined in a new section for short-term 10 rentals in Sec. 5-5002. She advised that also being proposed is a short-term rental registry. Chairman McCarty called for persons to speak in favor of or in opposition to the application. No one appeared. Chairman McCarty closed the public hearing and remarked that he is not in favor of requiring Conditional Use Permits in RAC and RR. Following general discussion, it was noted that staff will be meeting what it is trying to accomplish if Airbnb's can be treated like family member mobile homes, in that there is a provision where the adjoining property owner is notified and after 30 days, if no one objects, then no Conditional Use Permit is required. This gives property owners an opportunity to express concerns and they are also aware of it. A permit costs $35 and a Conditional Use Permit costs $1,200. A safety inspection would still be required. Vice -Chairman Acree recommended there be a link on the County's website that would provide safety requirements. Chairman McCarty moved that the Ordinance be tabled until the Board's December 14, 2023 regular meeting. In the meantime, the County Attorney is to develop the proper language. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. Chairman McCarty called for a public hearing on the following: Ordinance to Amend and Reenact Chapter 10, Licenses, Short Term Rental Registry of the Isle of Wight County Code. County Attorney Jones noted that as part of the County's effort to enforce the regulation of short-term residential rentals and monitor such activities, an annual 11 registration of such properties is warranted. The proposed ordinance establishes an annual registration requirement for anyone offering a short-term residential rental. In addition to such registration, an operator would also be required to comply with all other applicable land use and zoning requirements, as well as obtain a business license and register for transient occupancy and state sales tax. Chairman McCarty called for persons to speak in favor of or in opposition to the application. Upon no one appearing, Chairman McCarty closed the public hearing and called for comments by the Board. Vice -Chairman Acree moved that the Ordinance be tabled to the Board's December 14, 2023 regular meeting. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. Chairman McCarty called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix B. Zoning and Appendix B-1. Chesapeake Bay Preservation Area Ordinance Chairman McCarty called for persons to speak in favor of or in opposition to the application. Upon no one appearing to speak, Chairman McCarty closed the public hearing and called for comments by the Board. Supervisor Jefferson moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B. ZONING AND 12 APPENDIX B-1. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it necessary and appropriate to update its current ordinances in order to more clearly set forth local ordinances for the benefit of the public, in order to accurately reflect current practices, to correct inaccuracies, and to conform to those provisions set forth in the Code of Virginia (1950, as amended); and WHEREAS, the Board of Supervisors deems such a revision necessary as a means to protect the health and welfare of the citizens of Isle of Wight County, Virginia; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Appendix B. Zoning of the Isle of Wight County Code be amended and reenacted as follows: Sec. 1-1011. Powers and duties of the zoning administrator. A. The office of zoning administrator is hereby established. The primary responsibility for administering and enforcing this ordinance shall be assigned to the zoning administrator. B. The zoning administrator shall be vested and charged with the following powers and duties: 1. Receive, process, and review complete applications under the provisions of this ordinance for transmittal and recommendation to the planning commission, board of zoning appeals, and board of supervisors. 2. Issue zoning permits pursuant to the provisions of this ordinance and suspend or revoke any zoning permit upon violation of any of the provisions of this ordinance or any approvals granted hereunder subject to the requirements of this ordinance. 3. The zoning administrator shall keep records of all zoning permits issued under this ordinance, maintain permanent and current records related to the 13 ordinance, including the official zoning map, amendments, conditional use and special use permits, variances, appeals, and development site plans; and, make annual reports and recommendations to the planning commission and board of supervisors on matters pertaining to this ordinance. If this ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit, unless deemed unnecessary by the zoning administrator due to the scope and nature of the proposed project or development. 4. Conduct inspections and surveys to determine whether a violation of this ordinance exists. The zoning administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and, if such sworn testimony establishes probable cause that a zoning ordinance violation within a dwelling unit has occurred, may request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling unit for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant pursuant to this section. Whenever the zoning administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation of any provision of this chapter that limits occupancy in a residential dwelling unit, which is subject to a civil penalty, and the zoning administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the county attorney petition the judge of the general district court for a subpoena duces tecum against any such person refusing to produce such data or information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such a subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it. 14 5. Seek criminal or civil enforcement for any provision of this ordinance and take any action on behalf of the county, either at law or in equity, to prevent or abate any violation or potential violation of this ordinance. 6. Render interpretations, upon written request of an interested person whose property may be affected, as to the applicability of this ordinance to particular uses and its application to the factual circumstances presented. When such a request is made by an applicant which is not the owner of the property in question, written notice of the request shall be provided to the owner of the property within ten (10) days of receipt of the application. 7. Design and distribute applications and forms required by this ordinance and request information which is pertinent to the requested approval. 8. Perform such duties as are necessary for the proper enforcement and administration of this ordinance. 9. In appropriate cases, allow for the refund of fees paid pursuant to this zoning ordinance upon certification by the zoning administrator of the need for such refund and approval by the county administrator. (7-7-05; 1-22-09; Ord. No. 2011- 14-C, 8-4-11; 7-19-18; 11-16-23.) Sec. 1-1013. Zoning permit and occupancy permit guidelines. A. When is a zoning permit required. 1. A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, enlargement or alteration of any structure, or the establishment of any land use, except for bona fide agricultural uses, such as raising of crop or livestock, permitted by right under the provisions of this ordinance. 2. No permanent sign may be erected without first obtaining a zoning permit in accordance with this ordinance. 15 3. No building or other structure except accessory farm structures shall be razed, demolished, or removed, either entirely or in part, nor shall any of said activities be commenced, without a zoning permit. 4. Additional permits may be required to enforce the provisions of this ordinance. B. Exemption from zoning permit. The following uses do not require a zoning permit for erection, construction, reconstruction, moving, adding to, enlargement or alteration: 1. Streets. 2. Electric power, telephone, cable television, gas, water, and sewer lines, streetlights, wires or pipes, together with supporting, poles or structures, and traffic control signs located within a public right-of-way. C. Zoning permit applications. 1. All applicants for a zoning permit shall be accompanied by such plans and information as the zoning administrator deems to be necessary and appropriate to determine compliance and provide for enforcement of this ordinance. 2. If this ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit, unless deemed unnecessary by the zoning administrator due to the scope and nature of the proposed project or development. 3. If the zoning permit involves the subdivision of land, an approved subdivision plat shall be required. D. Zoning permit approval. A zoning permit shall not be issued unless and until the site plan and project proposal complies with applicable established design criteria, construction standards, and specifications for all improvements as may be required by this ordinance. 16 E. Expiration of permits. All permits shall expire automatically if, within six (6) months after the issuance of such permits: 1. The use authorized by such zoning and/or other permit has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or 2. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of six (6) months, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of severability, subsection 1-1012.A. F. General description of occupancy permit. 1. No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, until an occupancy permit shall have been issued by the building official. 2. No building, or other structure, or land shall be used, nor shall any building, structure, or land be converted, wholly or in part, to any other use, except for bona fide agricultural uses permitted by right under the provisions of this ordinance, until an occupancy permit has been issued by the building official. 3. Such permits shall show that the structure or use, or both, or the premises, or the affected part thereof, are in conformity with the provisions of this ordinance. 4. It shall be the duty of the building official to issue such a permit if it is found that all of the provisions of this ordinance have been met and to withhold such permit unless all requirements of this ordinance have been met. If an occupancy permit is not issued, written notice shall be given to the applicant stating why an occupancy permit cannot be issued. 5. Upon written request from the owner, and upon inspection to determine the facts in the case, the building official shall issue an occupancy permit for any building premises or use that is in conformity with the provisions of this ordinance or where a legal nonconformity exists, as determined by the zoning administrator. 17 G. Temporary or partial occupancy permit. 1. The building official at his discretion may issue a temporary occupancy permit with a recommendation from the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion in accordance with general rules or regulations concerning such additional conditions and/or safeguards as are necessary, in the circumstances of the case, to protect the safety of the general public. The occupancy permit recipient may be required to provide a performance bond or other security satisfactory to the zoning administrator and approved as to form by the county attorney to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period determined by the zoning administrator. 2. A final occupancy permit may be issued for any appropriate complete building or part of a building located in a part of the total area or any approved site plan, provided: a. The other on -site construction and improvements included in the approved site plan for the section have been inspected and accepted by the county and other appropriate agencies and, at the discretion of the zoning administrator, a certified "as built" site plan has been submitted for review and approval prior to the proposed date of occupancy. b. The off -site improvements related to and necessary to serve the section have been completed, inspected and accepted by the county, the Virginia Department of Transportation or other appropriate agencies; and the developer has submitted a certified "as built" drawing for the section; or the developer has provided surety acceptable to the zoning administrator and approved as to form the by the county attorney. H. Enforcement and review. 1. Zoning permit authorization. a. Zoning and occupancy permits issued on the basis of plans and applications approved by the zoning administrator shall authorize only the use, arrangement 110 and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorization shall be deemed a violation of this ordinance. b. All departments, officials and public employees of Isle of Wight County, which are vested with the duty or authority to issue permits or licenses, shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue certifications or permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such certification or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. I. Complaints regarding violations. Whenever the zoning administrator receives a written, signed complaint or a duly completed complaint form alleging a violation of this ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant of what actions have been or will be taken. J. Persons liable. The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. K. Procedures upon discovery of violations. 1. If the zoning administrator finds that any provision of this ordinance is being violated, a written notice shall be forwarded to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. 2. In cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by posting an order to "cease and desist", and by invoking any of the penalties or remedies authorized in this ordinance. 19 3. The zoning administrator in consultation with the county attorney may pursue other legal remedies as may be necessary. L. Penalties and remedies for violations. 1. Violating, causing or permitting the violation of, or otherwise disregarding any of the provisions of this chapter by any person, firm or corporation, whether as principal, agent, owner lessee, employee or other similar position, shall be unlawful and is subject to the following: a. Criminal sanctions. Upon conviction, any such violation shall be a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court may order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period punishable by a fine of not less than one hundred ($100.00) nor more than one thousand five hundred dollars ($1,500.00). Any conviction resulting from a violation of the provisions regulating the number of unrelated persons living as a "family" in a residential dwelling shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any subsequent failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title 55, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated individuals in a residential dwelling unit shall not be punishable by a jail term. 20 b. Injunctive relief. Any violation or attempted violation of this chapter may be restrained, corrected or abated as the case may be by injunction or other appropriate relief. C. Civil penalties. i. Any person summoned or issued a ticket for a violation of this chapter listed below may make an appearance in person or in writing by mail to the county treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability and pay the civil penalty established in this section for the offense charged, in lieu of criminal sanctions. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. If a person charged with scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. ii. A civil penalty is hereby established for a violation of any offense listed below in the amount of two hundred dollars ($200.00) for anyone (1) violation for the initial summons and five hundred ($500.00) for each additional summons: 1. Constructing, placing, erecting, installing, maintaining, operating, or establishing an accessory structure or use in violation of Sec. 5-1004 et seq. 2. Constructing, placing, erecting or displaying a sign in violation of Sec. 9-1001 et seq. 3. Erecting, altering, or changing use or occupancy of any building, structure, or premises without first obtaining a zoning certificate or certificate of zoning compliance in violation of Sec. 1-1013. 4. Failure to perpetuate and maintain all landscaping, screening, and fencing materials required by this chapter in violation of Sec. 8-1012. 5. Operating, conducting or maintaining a home occupation in violation of Article IV. 21 iii. Each day during which a violation is found to exist shall be a separate offense. However, in no event shall specified violations arising from the same set of operative facts be charged more frequently than once in a ten (10) day period and in no event shall a series of such violations result in civil penalties which exceed a total of more than five thousand dollars ($5,000.00). When such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor. iv. The above provisions notwithstanding, civil penalties shall not accrue or be assessed during the pendency of the 30-day appeal period allowable pursuant to the terms of Sec 1-1019(C). V. No provisions herein shall be construed to allow the imposition of civi penalties for: 1. enforcement of the Uniform Statewide Building Code; 2. activities related to land development; 3. violations of the erosion and sediment control ordinance; 4. violations relating to the posting of signs on public property or public rights - of -way; or 5. violations resulting in injury to any person or persons. (7-7-05; Ord. No. 2011-10-C, 6-16-11; 7-19-18; 11-16-23.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Appendix B-1. Chesapeake Bay Preservation Area Ordinance of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5003. Enforcement, violation and penalties. (a) The primary responsibility for administering and enforcing this ordinance shall be assigned to the zoning administrator or a duly authorized designee. The zoning administrator or his duly authorized designee, planning commission members and board of supervisors' members including other persons designated by the board of supervisors, shall have authority to conduct inspections and surveys upon the property affected by this ordinance to determine compliance with this ordinance. The zoning administrator shall seek criminal or civil enforcement for any provision of this ordinance and take any action on behalf of the county to prevent or abate any violation or potential violation of this ordinance. The zoning administrator, upon written request of an interested person whose property may be affected, shall render an opinion as to the applicability of this ordinance to particular uses in its application to the factual circumstances presented. The zoning administrator shall design and distribute applications and forms required for this ordinance and request information that is pertinent to the request of the approval and shall perform such other duties as are necessary for the proper enforcement and administration of this ordinance. (b) Any person, firm or corporation who violates any of the provisions of this chapter shall, on conviction, be guilty of a Class I misdemeanor as defined by Title 18.2 of the Code of Virginia as amended. Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared invalid or unconstitutional. (c) In addition to any other remedies in subsection (b) of this section, the following penalties are incorporated in this ordinance as follows: 1. Any person who: (i) violates any provision of the ordinance or (ii) violates or fails, neglects, or refuses to obey any board of supervisors' or the zoning administrator's final notice, order, rule, regulation, or variance or permit condition authorized under this ordinance shall, upon such finding by an appropriate circuit court, be assessed a penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. 2. With the consent of any person who: (i) violates any provision of this ordinance or (ii) violates or fails, neglects, or refuses to obey any board of supervisors' or zoning administrator's, notice, order, rule, regulation, or variance or permit condition authorized under this ordinance, the board of supervisors' may provide for the issuance of an order against such person for the one (1) time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid 23 into the treasury of Isle of Wight County for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas in the county except that where the violator is the county or its agent, the civil charges shall be paid into the state treasury. The civil charges shall be in lieu of any appropriate civil penalty imposed under subdivision 1. of this subsection. Civil charges may be in addition to the cost of any restoration required or ordered by the board of supervisors or zoning administrator. (8-21-06; 11-18-21(2); 11-16-23.) The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. Chairman McCarty called for a public hearing on the following: Ordinance to Amend and Reenact Chapter 15, Taxes of the Isle of Wight County Code. Chairman McCarty called for persons to speak in favor of or in opposition to the application. No one appeared and Chairman McCarty closed the public hearing and called for comments by the Board. Supervisor Jefferson moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15. TAXATION WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it necessary and appropriate to update its current ordinances in order to more clearly set forth local ordinances for the benefit of the public, in order to accurately reflect current practices, to correct inaccuracies, and to conform to those provisions set forth in the Code of Virginia (1950, as amended); and 24 WHEREAS, the Board of Supervisors deems such a revision necessary as a means to protect the health and welfare of the citizens of Isle of Wight County, Virginia; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 15. Taxation of the Isle of Wight County Code be amended and reenacted as follows: CHAPTER 15. -TAXATION. Article I. - In General. Sec. 15-6. Certain farm animals, etc., exempt from taxation. The following farm animals, grains and other fees used for the nurture of farm animals, farm machinery and farm implements shall be exempt from taxation: (a) Horses, mules and other kindred animals. (b) Cattle. (c) Sheep and goats. (d) Hogs. (e) Poultry. (f) Grains and other fees used for the nurture of farm animals. (g) Farm machinery other than the farm machinery described in subsection (h) below, and farm implements. Farm machinery and farm implements other than the farm machinery and farm implements described in subsection (h), which shall include (i) equipment and machinery used by farm wineries as defined in § 4.1-100 in the production of wine; (ii) equipment and machinery used by a nursery for the production of horticultural products; (iii) any farm tractor as defined in § 46.2-100, regardless of whether such farm tractor is used exclusively for agricultural purposes; (iv) motor vehicles that are used primarily for agricultural purposes, for which the owner is not required to obtain a registration certificate, license plate, and decal or pay a registration fee pursuant to § 46.2-665, 46.2-666, or 46.2-670; and (v) privately owned trailers as defined in § 46.2-100 that are primarily used by farmers in their farming operations for the transportation of farm animals or other farm products as enumerated in subdivisions 1 through 7. For purposes of this section, "nursery" means any premises where nursery stock is propagated, grown, fumigated, treated, packed, stored, or otherwise prepared for sale or distribution, and "nursery stock" means all trees, shrubs, woody vines (including ornamentals), bush fruits, grapevines, fruit trees, and nut trees offered for sale and distribution; 25 all buds, grafts, scions, and cuttings from such plants; and any container, soil, and other packing material with such plants or plant products. "Nursery stock" also means herbaceous plants and any florist or greenhouse plants. (h) Farm machinery designed solely for the planting, production or harvesting of a single product or commodity. (5-17-18; 11-16-23.) The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. COUNTY ADMINISTRATOR'S REPORT Jamie Oliver, Transportation Manager, provided an update on the proposed Arterial Plan for Route 17. The Board was apprised that it is being requested by VDOT to review and consider its preferences. The matter is to be further discussed at the Board's December 14, 2023 meeting. Matters for the Board's Information were highlighted as follows: 1.) Incidents by Zone Map — October 2023; 2.) Incidents by Zone Data (October 2023); Station Activity Report (October 2023); and, Museum Report (October 2023). The Board took a short recess and returned to open session. Chairman McCarty called for Unfinished/Old Business. Resolution to Establish Isle of Wight County's Legislative Priorities for the 2024 General Assembly Session Assistant County Administrator reviewed the County's proposed legislative strategy and requested the Board provide any suggested items for inclusion in the 2024 Legislative Agenda. Supervisor Grice moved that the following Resolution be adopted with the modification to "Additional Sales Tax": RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES 26 FORTH 2024SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight, Virginia has specific interest in matters dealing generally with local governments, as well as matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia endorses the attached legislative proposals for the 2024 General Assembly Session and directs that both this resolution and the legislative priorities be forwarded to Isle of Wight County's General Assembly Delegation and that staff work with and assist the Delegation as appropriate. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. County Administrator Keaton advised that the Town of Smithfield has adopted the Water and Sewer Agreement. It was noted that the agreement was modified in 2018 to include that within five years the Town would begin accepting water from the County. Supervisor Grice moved to authorize execution of the Water and Sewer Agreement with the Town of Smithfield. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. NEW BUSINESS 27 Resolution to Amend the Budget and Appropriate Funding for School Employees' Compensation ($485,616) County Administrator Keaton advised that the State has appropriated funding to provide an additional 2% compensation supplement for SOQ funded positions, effective January 1, 2024. The School Board previously provided a 5% local salary increase, effective July 1, 2023, for all SOQ and non-SOQ positions. Based on the County's Composite Index, the State is providing funding in the amount of $312,221 for SOQ positions. The local match plus the funding needed to cover the 2% increase for non-SOQ positions is $485,616. Supervisor Grice moved that two members of the BOS (McCarty/Grice) and two members from the School Board meet in order to discuss how to fund the request; what are the non-SOQ positions the Board is being requested to provide; the job titles; the number of people; the number of positions and their average wage. The motion passed unanimously (5-0). Certification Letter for the School Construction Assistance Program County Administrator Keaton advised that Isle of Wight County Schools will be applying for VDOE's School Construction Assistance Program (SCAP) grant for FY2024 and the SCAP grant was created to assist with funding the construction, expansion, or modernization of public -school buildings in the state. This is a competitive grant program and is awarded to select school divisions that demonstrate poor building conditions, commitment, and need. In this regard, the Virginia Department of Education is requesting that school divisions provide a letter from the Board of Supervisors certifying that the percentage of local revenues dedicated to public education will not be reduced for the duration of financing for construction projects. Based on the County's current Composite Index, the State would provide grant funding equivalent to roughly 20% of the project costs. County Schools are W planning to request funding for the following projects (potential grant funding amount to be received is in parentheses): Westside Elementary - $71,044,755 ($14.2 million) Carrollton Elementary HVAC Replacement - $7.5 million ($1.5 million) SHS Band and Chorus Room - $4,651,090 ($930,218) Chairman McCarty moved to authorize the Chairman to execute the letter. The motion was adopted unanimously (5-0). There being no further business, Chairman McCary declared the meeting adjourned at 10:55 p.m. bwj�d'k--) *Lf, - Carey � Is S orm, Clerk r' v William M. Mc ty, Sr., Chairman 29