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April 16th, 2015 Full AgendaA Community of Choice, Committed to Excellence Agenda Board of Supervisors Isle of Wight County April 16, 2015 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation – The Honorable Rudolph Jefferson/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Consent Agenda A. Resolution to Accept and Appropriate Federal Emergency Management Agency (FEMA) Grant Funds for the Fort Boykin Shoreline Repair Project B. Resolution to Accept and Appropriate Funding from the Virginia Department of Emergency Management/Virginia Power to the General Fund and E911 Fund C. Resolution to Accept and Appropriate Funds from the Virginia Department of Agriculture and Consumer Services for the Virginia Cooperative Extension Plastic Pesticide Container Recycling Program A Community of Choice, Committed to Excellence D. Resolution to Approve Corrections to the Public Utility and Stormwater Inspection Fees in the Uniform Fee Schedule of the Fiscal Year 2014-15 Operating and Capital Budget E. Resolution to Authorize Execution of Necessary Closing Documents Related to the Benn’s Grant Development Project F. Resolution to Authorize Execution and Delivery of Subordination Agreement Related to the Benn’s Grant Development Project G. January 5, 2015 Organizational Meeting Minutes H. January 13, 2015 Joint Meeting with the Industrial Development Authority Minutes I. January 22, 2015 Regular Meeting Minutes J. February 11, 2015 Special Meeting Minutes K. February 19, 2015 Regular Meeting Minutes 6. Regional Reports 7. Appointments 8. Special Presentation/Appearances A. History of Western Tidewater Water Authority Water Purchase Agreements B. Resolution – Designating the Week of April 12-18, 2015 as Public Safety Telecommunicators Week C. Resolution – Recognition of National Public Service Recognition Week and the Service of the Employees of Isle of Wight County A Community of Choice, Committed to Excellence D. Resolution – Designating April 12-18, 2015 as Volunteer Appreciation Week 9. Citizens’ Comments 10. Public Hearings A. Proposed Operating and Capital Budget for Fiscal Year 2015-2016 and Related Ordinances and Resolutions and Motion to Schedule a Special Meeting on May 1, 2015 B. Ordinance to Amend and Reenact the Isle of Wight County Code, Appendix B-1, Chesapeake Bay Preservation Area Ordinance 11. County Administrator’s Report A. Staff Report – Electoral Board Request B. Staff Report – School’s Categorical Transfer Request to Address Health Insurance and Davis Bacon Payments and Establishment of a Reserve Account to Address any Future Davis Bacon Act Expenses Related to the Georgie Tyler Middle School Project C. Resolution – Personnel Policy Amendments Required for Implementation of a 28 Day Work Period for Eligible Regular Full-time Employees within the Department of Emergency Services D. Staff Report – Alternative Water Source for Fire Suppression and Training Activities at Rushmere Volunteer Fire Department E. Staff Report – Bradby Park Wetlands Delineation F. Informational Items A Community of Choice, Committed to Excellence 1. FYI - Monthly Reports: Tax Levies & Collections as of March 2015; Cash Position and Statement of the Treasurer’s Accountability 2. FYI - Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015 3. FYI - Isle of Wight Sheriff’s Monthly Activity Report/March 2015 4. FYI - Isle of Wight Website Statistics/March 2015 5. FYI - Solid Waste Division Litter Pickup 6. FYI - Commercial and Residential Insurance Rating Update 7. FYI - Charter Communications – Upcoming Changes 8. FYI - Memo regarding Employee Service Awards Luncheon 9. FYI - Safety and Wellness at Work 10. FYI – Nike Park Water Main to Gatling Pointe 11. FYI – Isle of Wight Cooperative Extension Report for March 2015 12. Unfinished/Old Business 13. New Business 14. Adjournment ISSUE: Resolution to Accept and Appropriate Federal Emergency Management Agency (FEMA) Grant Funds for the Fort Boykin Shoreline Repair Project BACKGROUND: The County has received additional grant funds in the amount of $176,774 from FEMA for the Fort Boykin shoreline repair project. The Board previously accepted and appropriated $434,070 for project construction. The total cost of the project, however, exceeded the original grant amount and the Commonwealth of Virginia and FEMA have approved additional funds for the project. The County has a nine percent (9%) local match requirement and the Board has already appropriated sufficient local funds to meet this requirement. BUDGET IMPACT: The Board has previously accepted and appropriated $434,070 in grant funds for the construction of the project; therefore, an additional $176,774 in grant funds needs to be accepted and appropriated to the Capital Projects Fund budget. RECOMMENDATION: Adopt a resolution to accept and appropriate $176,774 in additional FEMA grant funds to the Fort Boykin Shoreline repair the project, and authorize the County Administrator to execute all contracts and agreements necessary to complete the project. ATTACHMENTS: . Resolution to Accept and Appropriate FEMA Grant Funds . Award Letter RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE FORT BOYKIN SHORELINE REPAIR PROJECT WHEREAS, the Federal Emergency Management Agency (FEMA) has awarded Isle of Wight County a grant for the repair of the shoreline at historic Fort Boykin; and, WHEREAS, the County agrees to manage and execute these projects as locally administered projects; and, WHEREAS, the County has already appropriated $434,070 in grant funds and sufficient funds for the local match requirement. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that grant funding in the amount of one hundred seventy-six thousand seven hundred seventy-four dollars ($176,774), or as much as shall be received, from FEMA be accepted and appropriated to the Capital Projects Fund Budget. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia be authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. Adopted this 16th day of August 2015. Rex W. Alphin, Chairman _________________________ Carey Mills Storm, Clerk Approved as to Form: ______________________________ Mark C. Popovich, County Attorney April 16, 2015/asc/VDEM Dominion Power Pass Through Funding ISSUE: Resolution to Accept and Appropriate Funding from the Virginia Department of Emergency Management/Virginia Power to the General Fund and E911 Fund BACKGROUND: The Department of Emergency Services has received thirty thousand dollars ($30,000) from the Virginia Department of Emergency Management (VDEM) representing pass through funding from Dominion Power to risk jurisdictions. Isle of Wight County is considered a risk jurisdiction because the Surry Nuclear Power Station is located within 10 miles of the county. Of the $30,000, Dominion Power has stipulated that $5,000 must be used to offset the cost of the County’s emergency alert system (IWAlert). The remaining $25,000 will be used to defray the cost of participation in the 2015 VOPEX exercise; to enhance amateur radio capabilities in support of the county’s emergency operations; and for additional training, equipment and supplies to increase the county’s emergency preparedness and response efforts. BUDGETARY IMPACT: There is no grant match requirement associated with the funding. Adoption of the attached resolution will increase the revenues and expenditures of the FY 2014-15 General Fund Budget by twenty-five thousand dollars ($25,000) and the E911 Fund Budget by five thousand dollars ($5,000) or so much as shall be received. RECOMMENDATION: Adopt a resolution to accept and appropriate the Dominion Power pass through funding received from VDEM. ATTACHMENT: Resolution April 16, 2015/asc/VDEM Dominion Power Pass Through Funding RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT/ VIRGINIA POWER TO THE GENERAL FUND AND E911 FUND WHEREAS, Isle of Wight County is considered an at-risk jurisdiction due to our close proximity (within 10 miles) to the Surry Nuclear Power Plant; and, WHEREAS, the Board of Supervisors of Isle of Wight County has received pass through funding from Dominion Power for risk jurisdictions from the Virginia Department of Emergency Management (VDEM); and, WHEREAS, funding from the VDEM in the amount of twenty-five thousand dollars ($25,000) or so much as shall be received needs to be accepted and appropriated to the FY 2014-15 General Fund Budget of Isle of Wight County, Virginia; and WHEREAS, funding from the VDEM in the amount of five thousand dollars ($5,000) or so much as shall be received needs to be accepted and appropriated to the FY 2014-15 E911 Fund Budget of Isle of Wight County, Virginia; and NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that funds in the amount of twenty-five thousand dollars ($25,000) or so much as shall be received needs to be accepted and appropriated to the FY 2014-15 General Fund Budget of Isle of Wight County, Virginia; and funds in the amount of five thousand dollars ($5,000) or so much as shall be received needs to be accepted and appropriated to the FY 2014-15 E911 Fund Budget of Isle of Wight County, Virginia. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 16th day of April, 2015. Rex W. Alphin, Chairman ___________________________________ Carey Mills Storm, Clerk Approved as to form: __________________________________ Mark Popovich, County Attorney April 16, 2015/MWT/Pesticide Container Recycling-Board Report ISSUE: Resolution to Accept and Appropriate Funds from the Virginia Department of Agriculture and Consumer Services for the Virginia Cooperative Extension Plastic Pesticide Container Recycling Program BACKGROUND: Each year since 1992, Isle of Wight County has participated in a State funded program to collect plastic pesticide and herbicide containers from local farmers for recycling. The containers are collected and stored at the Courthouse Complex until they are removed by the Virginia Department of Agriculture and Consumer Services. This year’s award is in the amount of $1,875 and needs to be appropriated to the FY2015- 16 Grants Fund budget. BUDGETARY IMPACT: Adoption of the attached resolution will increase the revenues and expenditures of the FY 2015-16 Grants Fund Budget by the amount of grant funds received. RECOMMENDATION: Adopt the attached resolution to accept and appropriate grant program funds and authorize the County Administrator to sign the Memorandum of Agreement. ATTACHMENT: - Resolution - Memorandum of Agreement RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE VIRGINIA COOPERATIVE EXTENSION PLASTIC PESTICIDE CONTAINER RECYCLING PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a grant from the Commonwealth of Virginia Department of Agriculture and Consumer Services (VDACS) for continuation of the Pesticide Container Recycling Program; and, WHEREAS, grant funds in the amount of one thousand eight hundred seventy-five dollars ($1,875) from VDACS needs to be appropriated to the Pesticide Recycling Program line item in the FY 2015-16 Grants Fund Budget of the County of Isle of Wight County. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, that one thousand eight hundred seventy-five dollars ($1,875) or so much as shall be received from VDACS be appropriated to the Pesticide Container Recycling Program line item in the FY 2015-16 Grants Fund Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized by the Board of Supervisors to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to give this resolution effect. Adopted this 16th day of April, 2015. Rex W. Alphin, Chairman __________________________________ Carey Mills Storm, Clerk Approved as to form: __________________________________ Mark Popovich, County Attorney ISSUE: Resolution to Approve Corrections to the Public Utility and Stormwater Inspection Fees in the Uniform Fee Schedule of the Fiscal Year 2014- 2015 Operating and Capital Budget BACKGROUND: Staff proposes to correct the County’s charges for inspection services of water, sewer, and stormwater infrastructure improvements. The current fee established for these County inspection services is set at a rate of 7% of the utility construction cost. It was the intent to set a maximum fee, or cap, to accompany the current 7% rate, however, the cap was inadvertently omitted from the currently adopted fee schedule. The current rate therefore places an excessive burden on property owners. Furthermore, based on a review of the rate in comparison to other Hampton Roads localities, the current rate structure is proposed to align Isle of Wight County’s fee structure with comparable Hampton Roads localities. The results of staff’s review revealed that projected revenues can be obtained and remain among the average Hampton Roads localities by revising the percentage rate charged for utility inspections to 2.5% of the utility construction cost of the utility work with a minimum $2,800 fee in lieu of the current rate. No maximum fee is contemplated with this change since the totals charged will be significantly less than the current structure would require. BUDGET IMPACT: None. The corrections to the fees will align with the projected revenues to be collected in the fiscal year 2015 operating budget. RECOMMENDATIONS: Adopt a resolution to approve corrections to the Public Utility and Stormwater Inspection fees in the Uniform Fee Schedule of the Fiscal Year 2014-2015 Operating and Capital Budget from a rate of 7% of the utility construction cost to 2.5% of the utility construction cost with a minimum fee of $2,800. ATTACHMENTS: Resolution Uniform Fee Schedule April 16, 2015/MCP/ Resolution to Authorize Execution of Closing Documents – Benn’s Grant Development Project ISSUE: Resolution to Authorize Execution of Necessary Closing Documents Related to the Benn’s Grant Development Project BACKGROUND: At its regular meeting on October 16, 2014, the Board authorized an amendment to the Payment Agreement between the Board and owners of the Benn’s Grant Development Project as a means to facilitate development of approximately 143 acres for certain single-family dwelling units. In order to achieve the intended purpose of developing such units, the following documents must be executed, in substantial form as presented, as part of the anticipated closing scheduled for April 20, 2015:  Private Sign and Landscape Agreement  Deed of Easement (Outfall Facilities)  Facilities Maintenance and Cost-Sharing Agreement  Amendment to Payment Agreement  Amendment to Payment Agreement Deed of Trust In that regard, authorization to execute such documents, along with any other necessary documents, is sought in order to effectuate closing and promote the development of this project which is anticipated to begin immediately after closing. BUDGETARY IMPACT: There is no immediate budgetary impact, but commencement of construction will result in proffer payments being made to the County thereby increasing revenues. RECOMMENDATION: Authorize the Chairman to execute the Resolution as presented. April 16, 2015/MCP/ Resolution to Authorize Execution of Closing Documents – Benn’s Grant Development Project ATTACHMENT: - Resolution - Excerpt from the October 16, 2014 Minutes - Private Sign and Landscape Agreement - Deed of Easement (Outfall Facilities) - Facilities Maintenance and Cost-Sharing Agreement - Amendment to Payment Agreement - Deed of Partial Release and Amendment to Deed of Trust RESOLUTION TO AUTHORIZE EXECUTION OF NECESSARY CLOSING DOCUMENTS RELATED TO THE BENN’S GRANT DEVELOPMENT PROJECT WHEREAS, on October 16, 2014, the Isle of Wight County Board of Supervisors formally authorized an amendment to the Payment Agreement between the Board of Supervisors and the property owners of the Benn’s Grant Development Project in order to facilitate development of the Project by releasing the lien of the Deed of Trust securing such Agreement from the 143+- / acre portion of the Project site to be acquired by EW – Benn’s Grant, L.L.C. for development of 280 detached and 40 attached single-family dwelling units; and WHEREAS, there are several other necessary and proper documents that also need to be properly executed in order to facilitate the sale of such portion of the Benn’s Grant Development Project, including but not limited to those identified on the attached schedule. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia hereby authorizes the Chairman, County Administrator and/or County Attorney to execute the documents identified on the attached schedule and any and all documents necessary in their reasonable judgment to effectuate the anticipated April 20, 2015 closing between the Benn’s Grant Development Project property owners and EW – Benn’s Grant, L.L.C. Adopted this 16th day of April, 2015. Rex Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney 2 Schedule of Documents Private Sign and Landscape Agreement Purpose: consent to an easement to provide a site for entrance monumentation at the intersection of Benns Church Boulevard and proposed Benn’s Grant Boulevard. Deed of Easement (Outfall Facilities) Purpose: consent to an offsite easement for storm water drainage from the single-family community. Facilities Maintenance and Cost-Sharing Agreement Purposes: (i) assign responsibility for maintenance of storm water drainage facilities within the Project to the owners’ associations to be established during the course of development and (ii) allocate maintenance costs amongst the owners of the single-family, multi-family and non-residential portions of the Project area. Amendment to Payment Agreement Purposes: (i) release the single-family portion of the Project from the lien of the related Deed of Trust, (ii) waive the requirement that all cash proffers and connection fees related to development of the single-family portion of the Project to paid at the April 20th closing, (iii) waive the provision that the responsibilities of the parties to the Agreement pass to EW – Benn’s Grant, L.L.C. at the April 20th closing, and (iv) confirm that if a payment is made pursuant to the Agreement on or about January 15, 2019, a credit in the payment amount will be granted against future obligations to pay cash proffers and connection fees in connection with development of the overall Project. 3 Amendment to Payment Agreement Deed of Trust Purpose: release the lien of the Deed of Trust from the single-family portion of the Project. Excerpt from the Minutes of the October 16, 2014 Board of Supervisors Meeting County Attorney Popovich advised the Board that East West Partners has entered into a real estate purchase agreement with the current owners of the Benns Grant project and changes requested to the payment plan have been requested. Branch Lawson briefed the Board on the anticipated rate of return on the sale of the properties and the payment of proffers. Supervisor Darden moved that the Chairman and/or County Attorney be authorized to execute Any and All Documents to Effectuate Changes to the Payment Agreement and Applicable Deed of Trust for Financing Purposes Related to the Benns Grant Project, Upon Review and Approval of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 1 This instrument prepared by Thomas E. Carr & Associates, P.C., 10304 Pebblebrook Place, Henrico, Virginia 23238. Tax parcels: PART OF 32-01-075, 32-01-082 and 32-03-001 PRIVATE SIGN AND LANDSCAPE EASEMENT AGREEMENT THIS PRIVATE SIGN AND LANDSCAPE EASEMENT AGREEMENT (the “Agreement”) is entered into as of the _____ day of April, 2015, between BENNS CHURCH PROPERTIES PARTNERSHIP, a Virginia general partnership (“Owner”; index as “Grantor”), EW – BENN’S GRANT, L.L.C., a Virginia limited liability company (the “EWBG”; index as “Grantee”), WELLINGTON W. COTTRELL, III and RONALD E. DAVIS, Trustees (“Bank Trustees”; index as “Grantors”), and MARK C. POPOVICH, Trustee (“County Trustee”). Recitals A. Owner is the fee owner of that certain real property situated in Isle of Wight County, Virginia more particularly described on a plat entitled “PLAT SHOWING A PRIVATE SIGN AND LANDSCAPE EASEMENT” dated , 2015, prepared by Thomas Land Surveying, attached hereto Exhibit “A” and by this reference made a part hereof (the “Plat”). B. EWBG has acquired the property more particularly described on Exhibit “B” attached hereto and by this reference made a part hereof (“EWBG Property”) from Owner, upon which it intends to develop 320 residential building lots in a community to be known as “Benn’s Grant” (“Community”). C. In connection with development of the Community, Owner and EWBG desire to enter into this Agreement to provide sign and landscape easements burdening the Easement Area (as such term is defined below) for the benefit EWBG on the terms and conditions described herein. D. The Easement Area (defined below) is encumbered by the liens of (i) an Amended and Restated Credit Line Deed of Trust dated April __, 2015, recorded prior hereto in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia (the “Bank Deed of Trust”), pursuant to which Owner granted Bank Trustees a lien to secure a Promissory Note dated April __, 2015 in the original principal amount of $2,558,955 held by Xenith Bank (“Bank”)and (ii) a Deed of Trust dated April 10, 2014, recorded in the aforesaid Clerk’s Office as Instrument Number 140001234 (as subsequently modified, the “Payment Agreement Deed of Trust”), pursuant to which Owner granted County Trustee a lien to secure Owner’s obligations to the Board of Supervisors of Isle of Wight County, Virginia (“County”) under that certain Payment Agreement dated December 19, 2013, a copy of which was attached to and recorded with such Deed of Trust. E. Sole acting Bank Trustee and County Trustee wish to join herein at the direction of Bank and the County evidenced by their signatures below to subordinate the liens of the Bank Deed of Trust and the Payment Agreement Deed of Trust to this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by EWBG to Owner, the mutual covenants hereinafter contained and other good and valuable 2 consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows: Agreement 1. Sign Easement. Owner does hereby grant and convey unto EWBG a non-exclusive, perpetual easement for the purpose of installing, maintaining, repairing and replacing entrance monumentation for the Community, including but not limited to signage, lighting and related facilities (the “Signage”) within the area identified on the Plat as “VARIABLE WIDTH PRIVATE SIGN AND LANDSCAPE EASEMENT” (the “Easement Area”). 2. Landscape Easement. Owner does hereby grant and convey unto EWBG a non- exclusive, perpetual easement for the purpose of installing, maintaining, repairing and replacing landscaping (the “Landscaping”) within the Easement Area. 3. Failure to Maintain. If EWBG fails to maintain the Signage and/or Landscaping in good condition, ordinary wear and tear excepted, and does not cure such failure within thirty (30) days after notice thereof from Owner, Owner shall have the right to fulfill such obligation on EWBG’s behalf at EWBG’s sole cost and expense. Any amount due from EWBG to Owner pursuant shall be payable within ten (10) days after Owner gives EWBG notice thereof, accompanied by reasonable documentation of the expenses incurred by Owner. 4. Indemnity. EWBG, its successors, successors-in-title and assigns, shall indemnify, defend, and hold harmless Owner from all losses, liabilities, liens, claims, damages, suits, judgments, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising out of EWBG’s activities within the Easement Area, unless any such loss, liability, lien, claim, damage, suit, judgment, cost, or expense arises as a result of Owner’s gross negligence or willful misconduct. 5. Running with the Land. Owner and EWBG each covenant and agree that this Agreement shall be binding upon and inure to the benefit of Owner and its successors-in-title to the Easement Area and all other persons or entities having or hereafter acquiring any right, title or interest in the Easement Area. Owner agrees that this Agreement shall touch, concern, burden and run with the title to the Easement Area as the servient tenement. 6. Agreement Personal to EWBG. This Agreement is personal to EWBG, and, except as set forth below, may not be assigned by EWBG without the prior written consent of Owner, evidenced by Owner’s joinder in an instrument of assignment recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia. Notwithstanding the foregoing, Owner agrees that EWBG may assign its rights and delegate its duties under this Agreement to a Virginia non- stock corporation formed by it as the homeowners’ association for the Community, in which case Owner’s joinder in the instrument of assignment shall not be required and, upon recordation of such instrument in the aforesaid Clerk’s Office, EWBG shall have no further liability in connection herewith. 7. Notice. Any notice required or permitted to be given by or to either party under this Agreement shall be in writing and addressed to Owner at and to EWBG at the address of it’s agent for service of process as reflected in the 3 records of the State Corporation Commission of the Commonwealth of Virginia. Such notices shall be deemed to have been given three (3) days after having been deposited in the United States mail, certified, return receipt requested; upon receipt when hand delivered; or the next day when sent guaranteed overnight delivery by Federal Express or another national overnight delivery service. 8. Facilitation. Each party agrees to perform such further acts, and to execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement, provided same are consistent herewith. 9. Miscellaneous. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. The provisions of this Agreement shall not be modified, amended, waived, discharged, or terminated except by a written document signed by all of the parties hereto. WITNESS the following signatures pursuant to due authority. [Signature pages follow.] 4 [Signature page to Private Sign and Landscape Easement Agreement – Benn’s Grant.] OWNER BENNS CHURCH PROPERTIES, a Virginia general partnership, by its Partners Turner Farms, Inc., a Virginia corporation By: Richard L. Turner President Henry W. Morgan COMMONWEALTH OF VIRGINIA COUNTY/CITY of , to-wit: The foregoing instrument was acknowledged before me April , 2015, by Richard L. Turner as President of Turner Farms, Inc., a Virginia corporation and Henry W. Morgan, Partners of Benns Church Properties, a Virginia general partnership, who are personally known to me. My commission expires: ____________________________. __________________________________ Notary Public [SEAL] [Additional signature pages follow.] 5 [Signature page to Private Sign and Landscape Easement Agreement – Benn’s Grant.] EWBG EW – BENN’S GRANT, L.L.C., a Virginia limited liability company, by EWP ENTITY MANAGEMENT CORPORATION, a Virginia corporation, its Manager By: Branch P. Lawson Senior Vice President COMMONWEALTH OF VIRGINIA COUNTY/CITY of SUFFOLK, to-wit: The foregoing instrument was acknowledged before me April , 2015, by Branch P. Lawson, Senior Vice President of EWP Entity Management Corporation, a Virginia corporation, Manager of EW – Benn’s Grant, L.L.C., a Virginia limited liability company, on behalf of such company. Mr. Lawson is personally known to me. My commission expires: ____________________________. __________________________________ Notary Public [SEAL] [Additional signature pages follow.] 6 [Signature page to Private Sign and Landscape Easement Agreement – Benn’s Grant.] SOLE ACTING BANK TRUSTEE Name: COMMONWEALTH OF VIRGINIA COUNTY/CITY of , to-wit: The foregoing instrument was acknowledged before me April , 2015, by , sole acting Bank Trustee, who is personally known to me. My commission expires: ____________________________. __________________________________ Notary Public [SEAL] BANK Xenith Bank, a Virginia banking organization By: James R. A. Stanley, Jr. Senior Vice President [Final signature page follows.] 7 [Final signature page to Private Sign and Landscape Easement Agreement – Benn’s Grant.] COUNTY TRUSTEE Mark C. Popovich COMMONWEALTH OF VIRGINIA COUNTY/CITY of , to-wit: The foregoing instrument was acknowledged before me April , 2015, by Mark C. Popovich, County Trustee, who is personally known to me. My commission expires: ____________________________. __________________________________ Notary Public [SEAL] COUNTY By: Anne Seward County Administrator 8 EXHIBIT “A” PLAT [To follow from Gary Thomas.] 9 EXHIBIT “B” EWBG PROPERTY All that certain lot, piece or parcel of land situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, containing 142.934 acres and being described as “BENN’S GRANT RESIDENTIAL TRACT 1 142.934 AC” on a plat of subdivision entitled “PROPERTY LINE VACATION AND SUBDIVISION PLAT OF BENN’S GRANT RESIDENTIAL TRACT 1 NEWPORT DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA”, and recorded in the Clerk’s Office of the Circuit Court for Isle of Wight County, Virginia in Plat Cabinet ___, Slide _____________. DEED OF EASEMENT OUTFALL FACILITIES This deed is exempt from the recordation taxes imposed by §§ 58.1-801 and 58.1-803 of the Code of Virginia (1950, as amended), pursuant to § 58.1-811.B.4. Prepared by: Thomas E. Carr & Associates, P.C., 10304 Pebblebrook Place, Henrico, Virginia 23238. Tax Map Reference Nos.: ________________ THIS DEED OF EASEMENT is made this _____ day of April 2015, by and between BENNS CHURCH PROPERTIES, a Virginia general partnership (hereinafter referred to as “Grantor”), EW – BENN’S GRANT, L.L.C., a Virginia limited liability company (herein referred to as “Developer” and as “Grantee” solely for indexing purposes), BENNS CHURCH PROPERTIES, a Virginia general partnership (herein referred to as “BCP” and as “Grantee” solely for indexing purposes), WELLINGTON W. COTTRELL, III and RONALD E. DAVIS, Trustees (herein referred to as “Bank Trustees” and as “Grantors” solely for indexing purposes), and MARK C. POPOVICH, Trustee (“County Trustee”). WITNESSETH: WHEREAS, Grantor owns certain real property described on Exhibit “A” attached hereto and by this reference made a part hereof (“Grantor’s Property”), situated, lying and being in Isle of Wight County, Virginia; Whereas, Developer owns certain real property described on Exhibit “B” attached hereto and by this reference made a part hereof (“Developer Property”), situated, lying and being in Isle of Wight County, Virginia; Whereas, BCP owns certain real property described on Exhibit “C” attached hereto and by this reference made a part hereof (“BCP Property” and, collectively with the Developer Property, the “Benefitted Properties”), situated, lying and being in Isle of Wight County, Virginia; Whereas, in connection with development of the Benefitted Properties, a stormwater outfall facility is required to be constructed on Grantor’s Property; WHEREAS, Grantor desires to bind itself, its heirs and assigns, for the benefit of Developer and BCP, to the easements as hereinafter set forth and declares that such easements shall be subject to the obligations imposed by this agreement and all valid amendments hereto; Whereas, Grantor’s Property is encumbered by the lien of an Amended and Restated Credit Line Deed of Trust dated April ___, 2015, recorded prior hereto in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia (the “Bank Deed of Trust”), pursuant to which Owner granted Bank Trustees a lien to secure a Promissory Note dated April ___, 2015 in the 2 original principal amount of $2,558,955 held by Xenith Bank (“Bank”), and sole acting Bank Trustee wishes to join herein at the direction of Bank evidenced by its signature below to consent to the provisions hereof and agree that the Bank Deed of Trust shall be subordinate in lien and dignity hereto; and Whereas, Grantor’s Property is further encumbered by the lien of a Deed of Trust dated April 10, 2014, recorded in the aforesaid Clerk’s Office as Instrument Number 140001234 (as subsequently modified, the “Payment Agreement Deed of Trust”), pursuant to which Grantor granted County Trustee a lien to secure Grantor’s obligations to the Board of Supervisors of Isle of Wight County, Virginia (“County”) under that certain Payment Agreement dated December 19, 2013, a copy of which was attached to and recorded with such Deed of Trust, and County Trustee wishes to join herein at the direction of County evidenced by its signature below to consent to the provisions hereof and agree that the Payment Agreement Deed of Trust shall be subordinate in lien and dignity hereto. NOW, THEREFORE, in consideration of the premises contained herein, Grantor (i) hereby grants and conveys unto Developer and BCP the perpetual non-exclusive drainage easement and temporary construction easements (the “Easements”) more particularly described as “30’ DRAINAGE EASEMENT HEREBY DEDICATED TO ISLE OF WIGHT COUNTY” and “15’ TEMPORARY CONSTRUCTION EASEMENT HEREBY DEDICATED TO ISLE OF WIGHT COUNTY” on that certain plat entitled “PLAT OF DRAINAGE EASEMENT DEDICATION & TEMPORARY CONSTRUCTION EASEMENT DEDICATION LOCATED ON TAX MAP PARCEL NO. 32-03-001 TO: ISLE OF WIGHT COUNTY FROM: BENNS CHURCH PROPERTIES” dated March 17, 2015 and prepared by LandTech Resources, Inc. a copy of which is attached hereto as Exhibit “D” and by this reference made a part hereof (the areas burdened thereby the “Easement Areas”), for the purpose of construction, installation, repair, maintenance, use of and access to underground drainage force mains and/or gravity mains, together with above and/or below ground equipment, accessories, and appurtenances thereto, drainage facilities, systems, and equipment (the “Facilities”) in, under, upon, over, along, and across the Property, including the right of ingress and egress to the same and to drain storm water from the Benefitted Properties under, upon, over, along and across the Easement Area. The Easements are subject to the following conditions and provisions: A. Grantor acknowledges that upon formation of the Benn’s Grant Homeowners’ Association, Inc., a Virginia nonstock corporation (“Association”) and completion of installation of the Facilities, Developer intends to assign all of its rights and delegate all of its duties hereunder to such Association, consents to such assignment and assumption, and agrees that following such assignment and assumption Developer shall have no further obligations hereunder. B. The Facilities shall remain the property of Developer. Developer shall have the right to inspect, rebuild, remove, repair, improve, and make such changes, alterations, additions to or extensions to the Facilities as are consistent with the purpose expressed herein. All construction, maintenance, equipment, and Facilities shall comply with all applicable laws, ordinances, codes, and regulations. 3 C. Developer shall have the right of ingress to and egress from said Easement Area over the lands of Grantor. Developer shall exercise such right in such manner as shall not occasion injury and inconvenience to Grantor. Any disturbance of the premises by the Developer or its employees, agents, and/or contractors will be restored by the Developer as nearly as practicable to its preconstruction condition. This restoration includes paving, fences, backfilling of trenches, grass, reseeding, replacing or replanting landscaping, and removing trash and/or debris. Trees, shrubs, and ground cover shall be replaced with immature landscaping. D. Developer shall have the right to trim, cut, and remove tress, shrubbery, or other obstructions which interfere with or threaten the efficient and safe operation, construction, and maintenance of the Facilities. Developer shall remove for disposal all brush, branches, and other debris resulting from any cutting, trimming, or clearing of the Easement Area. E. Grantor and its successors and assigns may use the Easement Area for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with the safe and efficient construction, operation, or maintenance of the Facilities, and further provided that such use is not inconsistent with any laws, ordinances, or codes pertaining to the construction, operation, or maintenance of the Facilities. Grantor shall not place any permanent improvements within the Easement Area without permission of Developer, its successors, and/or assigns, including but not limited to houses, buildings, pools, sheds, signs, or similar permanent structures. Grantor may install fences, driveways, pavement and landscaping (trees and shrubs shall be varieties that will not exceed 20 feet tall at maturity). F. It is understood and agreed that the consideration paid to Grantor in connection herewith constitutes payment in full for the Easements hereby conveyed and for damages, if any, to the residue of other property of Grantor resulting from the project and use made of the property conveyed. G. Notwithstanding the foregoing, should the Property on which the Easement Area lies be subdivided, access rights to the Easement Area shall be along the publicly dedicated streets within the said subdivision as far as practical, and then the access shall be on subdivided lots within the subdivision which shall efficiently provide access for Developer’s purposes as herein enumerated. H. Grantor covenants that Grantor has the right to grant the Easements to Developer and BCP, that Grantor has done no act to encumber the same except as mentioned herein, that Developer and BCP shall enjoy quiet possession of the Easements, free from encumbrances other than as described herein, and that Grantor will execute such further assurances as required for the purposes hereof. I. Grantor agrees that, when requested by Developer or BCP, Grantor shall remove any structure(s), landscaping, or vehicle parking within or upon the Easement Area within forty- eight (48) hours of receipt of written notice requesting such removal. In an emergency or failure to remove after written notice, Developer will remove, or have removed by others, any impediment to access, maintenance, or operation within the Easement Area; and Grantor agrees that Developer 4 neither shall be responsible nor liable for any damages to said structure(s), landscaping, or vehicle parking caused by Developer’s removal or reinstallation thereof. J. By execution of this instrument, Grantor acknowledges the plans for the Easement Area as it affects Grantor’s property have been fully explained to Grantor. K. Bank Trustee and County Trustee join herein to consent to the provisions hereof and confirm that the Bank Deed of Trust and Payment Deed of Trust shall be inferior in lien and dignity hereto. Bank and County join herein for the sole purpose of consenting to and confirming such subordination. L. The persons who have executed this Deed of Easement represent and warrant that they are duly authorized to execute this document in their representative capacities as indicated. WITNESS the following signatures and seals as of the date first above written. [Signature pages follow.] 5 [Signature page to Deed of Easement.] BENNS CHURCH PROPERTIES, a Virginia general partnership, by its Partners Turner Farms, Inc., a Virginia corporation By: Richard L. Turner President Henry W. Morgan COMMONWEALTH OF VIRGINIA COUNTY/CITY of , to-wit: The foregoing instrument was acknowledged before me April , 2015, by Richard L. Turner as President of Turner Farms, Inc., a Virginia corporation and Henry W. Morgan, Partners of Benns Church Properties, a Virginia general partnership, who are personally known to me. My commission expires: ____________________________. __________________________________ Notary Public [SEAL] 6 [Signature page to Deed of Easement.] SOLE ACTING BANK TRUSTEE Name: COMMONWEALTH OF VIRGINIA COUNTY/CITY of , to-wit: The foregoing instrument was acknowledged before me April , 2015, by , sole acting Bank Trustee, who is personally known to me. My commission expires: ____________________________. __________________________________ Notary Public [SEAL] BANK Xenith Bank, a Virginia banking organization By: James R. A. Stanley, Jr. Senior Vice President [Final signature page follows.] 7 [Final signature page to Deed of Easement.] COUNTY TRUSTEE Mark C. Popovich COMMONWEALTH OF VIRGINIA COUNTY/CITY of , to-wit: The foregoing instrument was acknowledged before me April , 2015, by Mark C. Popovich, County Trustee, who is personally known to me. My commission expires: ____________________________. __________________________________ Notary Public [SEAL] COUNTY By: Anne Seward County Administrator 8 EXHIBIT “A” GRANTOR PROPERTY [TO FOLLOW – I NEED TO DISCUSS WITH GARY THOMAS.] 9 EXHIBIT “B” DEVELOPER PROPERTY All that certain lot, piece or parcel of land situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, containing 142.934 acres and being described as “BENN’S GRANT RESIDENTIAL TRACT 1 142.934 AC” on a plat of subdivision entitled “PROPERTY LINE VACATION AND SUBDIVISION PLAT OF BENN’S GRANT RESIDENTIAL TRACT 1 NEWPORT DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA”, and recorded in the Clerk’s Office of the Circuit Court for Isle of Wight County, Virginia in Plat Cabinet ___, Slide _____________. 10 EXHIBIT “C” BCP PROPERTY [TO FOLLOW – GARY THOMAS IS PROVIDING A PLAT/LEGAL.] 11 EXHIBIT “D” PLAT [SEE ATTACHED PLAT.] This instrument was prepared by Thomas E. Carr & Associates, P.C., 10304 Pebblebrook Place, Henrico, Virginia 23238. Tax Parcels: Portions of 32-03-001, 32-01-075 and 32-01-082 FACILITIES MAINTENANCE AND COST-SHARING AGREEMENT This FACILITIES MAINTENANCE AND COST-SHARING AGREEMENT dated as of April , 2015 (“Agreement”) by and between EW – BENN’S GRANT, L.L.C., a Virginia limited liability company (“EW” and a “Grantor” and “Grantee” for indexing purposes), BENNS CHURCH PROPERTIES, a Virginia general partnership (“BCP” and a “Grantor” and “Grantee” for indexing purposes), WELLINGTON W. COTTRELL, III and RONALD E. DAVIS, Trustees, either of whom may act (“Bank Trustees” and “Grantors” for indexing purposes) [SUBJECT TO CHANGE], and MARK C. POPOVICH, Trustee (“County Trustee” and a “Grantor” for indexing purposes), recites and provides: RECITALS A. EW owns the property described on Exhibit “A” attached hereto and by this reference made a part hereof (“EW Property”). B. BCP owns the property described on Exhibit “B” attached hereto and by this reference made a part hereof (“BCP Property”). C. The EW Property and BCP Property adjoin one another and are to be developed as a community to be known as “Benn’s Grant” (“Community”). D. The Benn’s Grant Rezoning Application Isle of Wight County Amendment Proffer Statement #4 approved by the Board of Supervisors of the County on May 15, 2014 (“Proffer Statement”) provides that the Community is intended to consist of (i) 280 single family detached and 40 single family attached dwelling units on the EW Property (“SF Residential Property”), (ii) up to 240 multifamily apartment units on a portion of the BCP Property (“Residential Apartment Parcel”), and (iii) up to 650,225 square feet of retail space on the balance of the BCP Property (“Commercial Property”). E. In the course of development of the Community, it is anticipated that various amenities and facilities more particularly described on Exhibit “C” attached hereto and by this reference made a part hereof (“Facilities”) will be developed within the SF Residential Parcel, Residential Apartments Parcel and Commercial Property and on adjoining land pursuant to a Deed of Easement dated April ___, 2015 from BCP to EW and BCP recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia immediately prior hereto (“Outfall Easement” and the area burdened thereby the “Easement Area”). F. EW and BCP are entering into this Agreement to confirm the allocation of set responsibility for maintenance, repair, replacement, relocation and/or further improvement of the 2 Facilities and the manner in which the costs incurred in connection therewith are to be allocated between them. G. The BCP Property is encumbered by the lien of an Amended and Restated Credit Line Deed of Trust dated April ___, 2015, recorded prior hereto in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia (the “Bank Deed of Trust”), pursuant to which BCP granted Bank Trustees a lien to secure a Promissory Note dated April ___, 2015 in the original principal amount of $2,558,955 held by Xenith Bank (“Bank”), and Bank Trustees, at the direction of Bank, wish to join herein to subordinate the lien of the Bank Deed of Trust to the provisions of this Agreement. H. The BCP Property is further encumbered by a Deed of Trust dated April 10, 2014, recorded in the aforesaid Clerk’s Office as Instrument Number 140001234 (as subsequently modified, supplemented or amended, the “Payment Agreement Deed of Trust”), the lien of which is subordinate to the lien of the Bank Deed of Trust, pursuant to which BCP granted County Trustee a lien to secure BCP’s obligations to the Board of Supervisors of Isle of Wight County, Virginia (“County”) under that certain Payment Agreement dated December 19, 2013, a copy of which was attached to and recorded with such Deed of Trust (as subsequently modified, supplemented or amended, the “Payment Agreement”), and County Trustee, at the direction of County, wishes to join herein to subordinate the lien of the County Deed of Trust to the provisions of this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Facilities on SF Residential Parcel and Easement Area. Prior to commencement of development of the SF Residential Parcel, EW shall cause a homeowners’ association (“SF Association”) to be established as a Virginia nonstock corporation in which all owners of lots within the SF Residential Parcel shall be required to be members. The SF Association shall be responsible for the maintenance, repair, replacement, relocation and/or further improvement of the portion of the Facilities lying upon the SF Residential Parcel and within the Easement Area, including but not limited to all common areas, open spaces, stormwater management facilities, private streets, sidewalks and trails throughout such Parcel. 2. Facilities on Residential Apartment Parcel. Prior to commencement of development of the Residential Apartment Parcel, the developer thereof shall cause an apartments association (“APT Association”) to be established. The APT Association shall be responsible for the maintenance, repair, replacement, relocation and/or further improvement of the portion of the Facilities lying upon the Residential Apartments Parcel, including but not limited to all common areas, open spaces, stormwater management facilities, private streets, sidewalks and trails throughout such Parcel. 3. Facilities on Commercial Parcel. Prior to commencement of development of the Commercial Parcel, the developer thereof shall cause a commercial owners’ association (“Commercial Association”) to be established as a Virginia nonstock corporation. The 3 Commercial Association shall be responsible for the maintenance, repair, replacement, relocation and/or further improvement of the portion of the Facilities lying upon the Commercial Property, including but not limited to all common areas, open spaces, stormwater management facilities, private streets, sidewalks and trails throughout such Parcel. 4. Allocation of Costs. Except as set forth below, each of the above-mentioned Associations shall be solely responsible for all costs incurred in fulfilling its maintenance responsibilities under this Agreement and shall recover such costs by assessments levied against its members. 5. Reimbursement for Certain Costs. BCP acknowledges and agrees that a disproportionate portion of the stormwater management system for the Community is located on the SF Residential Parcel and within the Easement Area, with the result that by maintaining such facilities, the SF Association will bear a disproportionate share of maintenance of the overall stormwater management system for the Community. In recognition of the foregoing, BCP agrees that (i) commencing upon its formation, the APT Association will reimburse the SF Association for 8% of such costs, and (ii) commencing upon its formation, the Commercial Association will reimburse the SF Association for 47% of such costs. In furtherance of the foregoing, the SF Association shall give the APT Association and/or Commercial Association, as the case may be, notice annually in arrears of the total costs incurred by it in maintaining the portions of the Community’s stormwater management system located on the SF Residential Parcel and within the Easement Area, with appropriate supporting data, and state the amounts of such costs to be allocated pursuant this Paragraph to the APT Association and to the Commercial Association. Such amounts shall be due and payable to the SF Association within 30 days after receipt of such notice, and, if not paid when due, shall bear interest at the rate of 10% per annum from the initial date payment was due until paid in full. 6. Binding Effect; Run With The Land. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns and shall run with the land. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. This Agreement is executed and delivered under seal. 8. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof. This Agreement shall not be modified except by written agreement signed by all of the parties hereto. 9. Subordination of Deeds of Trust. By their execution hereof, Bank Trustee and County Trustee acknowledge and agree that the liens of the Bank Deed of Trust and Payment Agreement Deed of Trust shall be inferior in dignity and priority to the provisions of this Declaration. Bank and County join herein for the sole purpose of consenting to and confirming such subordination. WITNESS the following signatures pursuant to due authority. 4 EW EW – BENN’S GRANT, L.L.C., a Virginia limited liability company, by EWP ENTITY MANAGEMENT CORPORATION, a Virginia corporation, its Manager By: Branch P. Lawson Senior Vice President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me April ___, 2015, in my jurisdiction aforesaid, by Branch P. Lawson, as Senior President of EWP Entity Management Corporation, a Virginia corporation, on behalf of such corporation in its capacity as Manager of EW – Benn’s Grant, L.L.C., a Virginia limited liability company. Mr. Lawson is personally known to me. My commission expires: / / Registration number: Notary Public [SEAL] 5 [Signature page to Facilities Maintenance and Cost-Sharing Agreement.] BCP BENNS CHURCH PROPERTIES, a Virginia general partnership, by its partners Turner Farms, Inc., a Virginia corporation By: Richard L. Turner President Henry W. Morgan COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me April ___, 2015, in my jurisdiction aforesaid, by Richard L. Turner, President of Turner Farms, Inc., a Virginia corporation and Henry Morgan, General Partners of Benns Church Properties, a Virginia general partnership, on behalf of such partnership, who are personally known to me. My commission expires: / / Registration number: Notary Public [SEAL] 6 [Signature page to Facilities Maintenance and Cost-Sharing Agreement.] BANK TRUSTEE Name: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me April ___, 2015, in my jurisdiction aforesaid, by as Bank Trustee, who is personally known to me. My commission expires: / / Registration number: Notary Public [SEAL] The undersigned executes this instrument to consent to execution hereof by the BCP Bank Trustee named herein. Xenith Bank, a Virginia banking corporation By: James R. A. Stanley, Jr. Senior Vice President 7 [Signature page to Facilities Maintenance and Cost-Sharing Agreement.] COUNTY TRUSTEE Mark C. Popovich COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me April ___, 2015, in my jurisdiction aforesaid, by Mark C. Popovich as County Trustee, who is personally known to me. My commission expires: / / Registration number: Notary Public [SEAL] 8 EXHIBIT “A” EW PROPERTY All that certain lot, piece or parcel of land situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, containing 142.934 acres and being described as “BENN’S GRANT RESIDENTIAL TRACT 1 142.934 AC” on a plat of subdivision entitled “PROPERTY LINE VACATION AND SUBDIVISION PLAT OF BENN’S GRANT RESIDENTIAL TRACT 1 NEWPORT DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA”, and recorded in the Clerk’s Office of the Circuit Court for Isle of Wight County, Virginia as Instrument Number . BEING the same property conveyed to East West – Benn’s Grant, L.L.C., a Virginia limited liability company, by Deed from Benns Church Properties, a Virginia general partnership by Deed dated April , 2015 and recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia prior hereto. 9 EXHIBIT “B” BCP PROPERTY ALL that certain lot, piece or parcel of land situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, containing 103.1251 acres and being described as “REMAINDER OF BENNS CHURCH PROPERTIES 103.1251 ACRES” on a plat entitled “A PORTION OF THE REMAINING PROPERTY OF BENNS CHURCH PROPERTIES ISLE OF WIGHT COUNTY VIRGINIA” dated March 31, 2015 and prepared by LandTech Resources, Inc., a copy of which is attached hereto, to which reference is hereby made for a more particular description. 10 EXHIBIT “C” FACILITIES Stormwater management facilities. FIRST AMENDMENT TO PAYMENT AGREEMENT This FIRST AMENDMENT TO PAYMENT AGREEMENT dated as of April __, 2015 (“Amendment”) by and between BENNS CHURCH PROPERTIES, a Virginia general partnership (“Benns Church”), TURNER FARMS, INC., a Virginia corporation, HENRY W. MORGAN, an individual, and RICHARD L. TURNER, an individual (collectively, all of the foregoing parties the “Owners”), ISLE OF WIGHT COUNTY, VIRGINIA, a body politic of the Commonwealth of Virginia (hereinafter the “County”) and EW – BENN’S GRANT, L.L.C., a Virginia limited liability company (“Developer”) recites and provides: RECITALS A. Owners and County entered into a Payment Agreement dated December 19, 2013 (“Agreement”). The obligations of Owners under the Agreement are secured a Deed of Trust dated April 10, 2014 and recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia on April 13, 2014 as instrument number 141234 (“Deed of Trust”). B. Upon execution hereof, Owners as Grantors under the Deed of Trust and Mark C. Popovich, named as Trustee therein, have agreed to enter into an Amendment to Deed of Trust of even date herewith, to be recorded in the aforesaid Clerk’s Office, the form of which is attached hereto as Exhibit “A” and by this reference made a part hereof (“DOT Amendment”). C. Benns Church entered into a Real Estate Purchase Agreement dated December 18, 2014 (such Agreement, as amended, the “Purchase Agreement”) pursuant to which Developer agreed to purchase and Benns Church agreed to sell the property more particularly described on Exhibit “B” attached hereto and by this reference made a part hereof (“Property”). The Property is a portion of the property encumbered by the lien of the Deed of Trust, which lien will be released as to the Property upon execution and recordation of the DOT Amendment. D. In connection with closing under the Purchase Agreement, Owners and County have agreed to amend the Agreement in the manner set forth below and Developer has agreed to join herein to acknowledge and consent to the provisions hereof. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Applicability of Certain Provisions. The provisions of Clause 1.B.(i) and Section 2 of the Agreement shall not apply upon sale of the Property to Developer pursuant to the Purchase Agreement. 2. Certain Payments Attributable to Property. The obligation to pay cash proffers and water and sewer connection fees attributable to the Property is set forth in Amended Proffer 2 Statement #4 for the Benn’s Grant mixed use development as approved by the Board of Supervisors of the County at its meeting on May 15, 2014. 3. Credit for Payments. County agrees that as cash proffers and water and sewer connection fees attributable to the Property are paid to it by Developer or its successors in interest, Owners will be entitled to a dollar-for-dollar credit therefore against Owners’ obligations under the Agreement. 4. . Credit Provision. If all amounts due under the Agreement have not been paid to County prior to January 15, 2019, Clause 1.B.(iii) of the Agreement obligates Owners to pay the amount remaining due on such date. If Owners make any such payment, County agrees that as cash proffers and water and sewer connection fees attributable to the Property thereafter become due from Developer or its successors in interest, County will give such party credit against such cash proffers and fees until the aggregate amount of such credits equals the amount of the payment made by Owners pursuant to such Clause. 5. Execution by Developer. Owners and County acknowledge and agree that Developer is executing this Amendment solely to acknowledge and consent to the provisions hereof, and that in so doing it is not assuming liability of any kind or nature whatsoever under the Agreement or under the Deed of Trust as amended by the DOT Amendment. 6. No Further Modification. Except as set forth above, the Agreement has not been further supplemented, modified or amended and is in full force and effect as of the date hereof. WITNESS the following signatures pursuant to due authority. [Signature pages follow.] 3 [Signature page to First Amendment to Payment Agreement – Benns Church, et als. and Isle of Wight County, Virginia.] Benns Church Properties, a Virginia general partnership, by its partners Henry W. Morgan Turner Farms, Inc., a Virginia corporation By: Richard L. Turner President Turner Farms, Inc., a Virginia corporation By: Richard L. Turner President Henry W. Morgan Richard L. Turner [Additional signature page follows.] 4 [Signature page to First Amendment to Payment Agreement – Benns Church, et als. and Isle of Wight County, Virginia.] Isle of Wight County, Virginia By Chairman, Board of Supervisors Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich County Attorney EW – Benn’s Grant, L.L.C., a Virginia limited liability company, by EWP Entity Management Corporation, a Virginia corporation, its Manager By: Branch P. Lawson President 5 Exhibit “A” Form of Amendment to Deed of Trust [To be attached once in final form.] 6 Exhibit “B” Property All that certain lot, piece or parcel of land situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, containing 142.934 acres and being described as “BENN’S GRANT RESIDENTIAL TRACT 1 142.934 AC” on a plat of subdivision entitled “PROPERTY LINE VACATION AND SUBDIVISION PLAT OF BENN’S GRANT RESIDENTIAL TRACT 1 NEWPORT DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA”, and recorded in the Clerk’s Office of the Circuit Court for Isle of Wight County, Virginia in Plat Cabinet ___, Slide _____________. This instrument prepared by Thomas E. Carr & Associates, P.C., 10304 Pebblebrook Place, Henrico, Virginia 23238. Tax Parcels: 32-01-082 (portion), 32-01-075 (portion) and 21-03-001 (portion) DEED OF PARTIAL RELEASE AND AMENDMENT TO DEED OF TRUST This AMENDMENT TO DEED OF TRUST dated as of April ___, 2015 (“Amendment”) by and between BENNS CHURCH PROPERTIES, a Virginia general partnership (“Benns Church”), TURNER FARMS, INC., a Virginia corporation, HENRY W. MORGAN, an individual, and RICHARD L. TURNER, an individual (the foregoing collectively the “Grantors”) and MARK C. POPOVICH, Trustee (“Grantee”), recites and provides: RECITALS A. Grantors executed and deliver to Trustee a Deed of Trust dated April 10, 2014 and recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia on April 13, 2014 as Instrument Number 141234 (“Deed of Trust”). The Deed of Trust was given to secure the obligations of Grantors under a Payment Agreement dated December 19, 2013 between Grantors and the Board of Supervisors of Isle of Wight County, Virginia (“County”), a copy of which was attached to and recorded with the Deed of Trust. B. Benns Church entered into a Real Estate Purchase Agreement dated as of December 18, 2014 (such Agreement, as amended, the “Purchase Agreement”) pursuant to which EW – Benn’s Grant, L.L.C., a Virginia limited liability company (“EWBG”) agreed to purchase and Benns Church agreed to sell the property more particularly described on Exhibit “A” attached hereto and by this reference made a part hereof (“Property”). The Property is a portion of the property encumbered by the lien of the Deed of Trust. C. In connection with closing under the Purchase Agreement, Grantors and Trustee have agreed to amend the Deed of Trust in the manner set forth below. County joins in to consent to the provisions hereof and execution hereof by Trustee. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Partial Release of Lien. The Property is hereby released from the lien of the Deed of Trust. 2. Obligations Secured. The language in the Deed of Trust reading “the payment of those sums and at such times as evidenced by a Payment Agreement attached hereto as Exhibit A (the “Agreement”)” is hereby modified to read “the payment of those sums and at such times as evidenced by a Payment Agreement attached hereto as Exhibit A (such Agreement, as amended by First Amendment to Payment Agreement dated as of April ___, 2015, the “Agreement”)”. 2 3. No Further Modification. Except as set forth above, the Deed of Trust has not been further supplemented, modified or amended. WITNESS the following signatures pursuant to due authority. Benns Church Properties, a Virginia general partnership, by its partners Henry W. Morgan Turner Farms, Inc., a Virginia corporation By: Richard L. Turner President COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Henry W. Morgan and Richard L. Turner, President of Turner Farms, Inc., a Virginia corporation, partners of Benns Church Properties, a Virginia general partnership, acknowledged this instrument before me on behalf of such partnership on April , 2015. My commission expires: / / . Notary Public [SEAL] [Additional signature pages follow.] 3 [Signature page to Amendment to Deed of Trust – Benns Church Properties, et al. to Mark C. Popovich, Trustee.] Turner Farms, Inc., a Virginia corporation By: Richard L. Turner President COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify Richard L. Turner, as President of Turner Farms, Inc., a Virginia corporation, acknowledged this instrument before me on behalf of such corporation on April , 2015. My commission expires: / / . Notary Public [SEAL] [Additional signature pages follow.] 4 [Signature page to Amendment to Deed of Trust – Benns Church Properties, et al. to Mark C. Popovich, Trustee.] Henry W. Morgan COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Henry W. Morgan acknowledged this instrument before me on April , 2015. My commission expires: / / . Notary Public [SEAL] [Additional signature pages follow.] 5 [Signature page to Amendment to Deed of Trust – Benns Church Properties, et al. to Mark C. Popovich, Trustee.] Richard L. Turner COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Richard L. Turner acknowledged this instrument before me on April , 2015. My commission expires: / / . Notary Public [SEAL] [Additional signature pages follow.] 6 [Signature page to Amendment to Deed of Trust – Benns Church Properties, et al. to Mark C. Popovich, Trustee.] Mark C. Popovich Trustee COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Mark C. Popovich as Trustee acknowledged this instrument before me on Apriil , 2015. My commission expires: / / . Notary Public [SEAL] [Additional signature pages follow.] 7 [Signature page to Amendment to Deed of Trust – Benns Church Properties, et al. to Mark C. Popovich, Trustee.] Approval of Form of Amendment to Deed of Trust I, Mark C. Popovich, County Attorney for the County of Isle of Wight, Virginia, do hereby certify that, pursuant to Section 15.2-1803 of the Code of Virginia, I approve the form of the foregoing Amendment to Deed of Trust dated as of April ___, 2015 from Benns Church Properties, Turner Farms, Inc., Henry W. Morgan and Richard L. Turner to Mark C. Popovich, Trustee. Given under my hand as County Attorney this ____ day of April 2015. Mark C. Popovich County Attorney for Isle of Wight County, Virginia COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Mark C. Popovich as County Attorney for Isle of Wight County, Virgina acknowledged this instrument before me on April , 2015. My commission expires: / / . Notary Public [SEAL] [Final signature page follows.] 8 [Signature page to Amendment to Deed of Trust – Benns Church Properties, et al. to Mark C. Popovich, Trustee.] Acceptance of Amendment to Deed of Trust Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, and as authorized by Section 1-11 of the Isle of Wight County Code, Mark C. Popovich, Isle of Wight County Attorney, hereby accepts the foregoing Amendment to Deed of Trust dated as of April ___, 2015 from Benns Church Properties, Turner Farms, Inc., Henry W. Morgan and Richard L. Turner to Mark C. Popovich, Trustee, this acceptance being executed on behalf of the Isle of Wight County Board of Supervisors by Mark C. Popovich, County Attorney. Given under my hand as County Attorney and authorized representative for the Board of Supervisors of Isle of Wight County, Virginia this _____ day of April 2015. BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA Mark C. Popovich County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Mark C. Popovich as County Attorney for Isle of Wight County, Virgina acknowledged this instrument on behalf of the Board of Supervisors of Isle of Wight County, Virginia before me on April , 2015. My commission expires: / / . Notary Public [SEAL] 9 Exhibit “A” All that certain lot, piece or parcel of land situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, containing 142.934 acres and being described as “BENN’S GRANT RESIDENTIAL TRACT 1 142.934 AC” on a plat of subdivision entitled “PROPERTY LINE VACATION AND SUBDIVISION PLAT OF BENN’S GRANT RESIDENTIAL TRACT 1 NEWPORT DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA”, and recorded in the Clerk’s Office of the Circuit Court for Isle of Wight County, Virginia as Instrument Number . April 16, 2015/MCP/ Resolution to Authorize Execution of Subordination Agreement – Benn’s Grant Development Project ISSUE: Resolution to Authorize Execution and Delivery of Subordination Agreement Related to the Benn’s Grant Development Project BACKGROUND: At its regular meeting on October 16, 2014, the Board authorized an amendment to the Payment Agreement between the Board and owners of the Benn’s Grant Development Project as a means to facilitate development of approximately 143 acres for certain single-family dwelling units. In order to achieve the intended purpose of developing such units, the County is being asked to subordinate its Deed of Trust to Xenith Bank which is the financial institution putting forth $2,808,955 to support development of the project. In that regard, authorization to execute such document, along with any other necessary documents, is sought in order to effectuate closing and promote the development of this project which is anticipated to begin immediately after closing. BUDGETARY IMPACT: There is no immediate budgetary impact, but commencement of construction will result in proffer payments being made to the County thereby increasing revenues. RECOMMENDATION: Authorize the Chairman to execute the Resolution as presented. ATTACHMENT: - Resolution - Subordination Agreement April 16, 2015/MCP – Resolution Authorizing Subordination RESOLUTION TO AUTHORIZE EXECUTION AND DELIVERY OF SUBORDINATION AGREEMENT RELATED TO THE BENN’S GRANT DEVELOPMENT PROJECT WHEREAS, on October 16, 2014, the Isle of Wight County Board of Supervisors formally authorized an amendment to the Payment Agreement between the Board of Supervisors and the property owners of the Benn’s Grant Development Project in order to facilitate development of the Project by releasing the lien of the April 14, 2014 Deed of Trust securing such Agreement (the “Original Payment Agreement Deed of Trust”) from the 143+-/ acre portion of the Project site to be acquired by EW – Benn’s Grant, L.L.C. for development of 280 detached and 40 attached single-family dwelling units (the “Residential Project Site”); and WHEREAS, the Board of Supervisors has by Resolution adopted this date approved the execution of an amendment to the Payment Agreement and an amendment to the Original Payment Agreement Deed of Trust (the “Deed of Trust Amendment”) to effect the release of the Residential Project Site from the lien of the Original Payment Agreement Deed of Trust, among other purposes; and WHEREAS, Xenith Bank is the beneficiary of a deed of trust lien on the Project site securing a loan made to the property owners, the lien of which is superior to the lien of the Original Payment Agreement Deed of Trust, which deed of trust will be amended and restated to secure the maximum aggregate principal amount of $2,808,955 (the “Amended and Restated Xenith Bank Deed of Trust”); and WHEREAS, Xenith Bank is willing to release the lien of the Amended and Restated Xenith Bank Deed of Trust from the Residential Project Site upon the condition that the Board of Supervisors subordinate the lien of the Original Payment Agreement Deed of Trust as amended by the Deed of Trust Amendment (together the “Payment Agreement Deed of Trust”) to the lien of the Amended and Restated Xenith Bank Deed of Trust securing the principal sum of $2,808,955; and I-1326447.2 2 WHEREAS, the property owners have requested that the Board of Supervisors agree to and approve this subordination to facilitate the conveyance of the Residential Project Site to the EW-Benn’s Grant, L.L.C. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia hereby authorizes the Chairman, County Administrator and/or County Attorney to execute and deliver for recordation a subordination agreement subordinating the lien of the Payment Agreement Deed of Trust to the lien of the Amended and Restated Xenith Bank Deed of Trust in order to effectuate the anticipated April 20, 2015 closing between the Benn’s Grant Development Project property owners and EW – Benn’s Grant, L.L.C. Adopted this 16th day of April, 2015. Rex Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney 1 I-1321686.1 Prepared by: Anthony M. Thiel, Esq. (VSB No. 15297) Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, Virginia 23510 Title Insurer: First American National Title Insurance Company SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the “Agreement”) is made as of the _____ day of April, 2015, by and between MARK C. POPOVICH, TRUSTEE with a business address of Post Office Box 80, Isle of Wight, Virginia 23397 (“Trustee”) who is a grantor and grantee for purposes of indexing; BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA (“Board”) with an address of Post Office Box 80, Isle of Wight County, Virginia 23397, a grantor for purposes of indexing; BENNS CHURCH PROPERTIES, a Virginia general partnership, and HENRY MORGAN and RICHARD L. TURNER, partners t/a Benns Church Properties (collectively “Grantors”), grantors and grantees for purposes of indexing; and XENITH BANK (“Xenith”) with an address of Suffolk Lending Platform, P.O. Box 1340, Suffolk, Virginia 23439-1340, a grantee for purposes of indexing. RECITALS: WHEREAS, by a certain deed of trust dated April 10, 2014 and recorded in the Clerk’s Office of Isle of Wight County, Virginia (the “Clerk’s Office”) as Instrument No. 140001234 as amended by an Amendment to Deed of Trust dated as of April _____, 2015 intended to be recorded in the Clerk’s Office herewith (together, the “County Deed of Trust”), Grantors conveyed to the Trustee, in trust, certain real estate located in Isle of Wight County, Virginia that 2 I-1321686.1 is described in the County Deed of Trust, to secure to the Board the payment of the sums evidenced by a Payment Agreement attached thereto as amended by a First Amendment to Payment Agreement dated as of April ____, 2015; and WHEREAS, by a certain Amended and Restated Credit Line Deed of Trust dated April ____, 2015 (the “Xenith Deed of Trust”) that is to be recorded in the Clerk’s Office herewith, Grantors conveyed to Wellington W. Cottrell, III and Ronald E. Davis, as Trustees for the benefit of Xenith, in trust, the real estate described in the Xenith Deed of Trust to secure certain indebtedness in the principal amount of Two Million Eight Hundred Eight Thousand Nine Hundred Fifty-Five and 00/100 Dollars ($2,808,955.00) together with interest thereon as evidenced by certain promissory notes that are held by Xenith; and WHEREAS, the Board has agreed to subordinate the lien of the County Deed of Trust to the lien of the Xenith Deed of Trust; SUBORDINATION AGREEMENT NOW, THEREFORE, in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Board and the Trustee, at the direction of the Board and with the consent of Grantors, do hereby agree that the lien of the County Deed of Trust and all amendments, modifications and additions thereto or substitutions therefor, and the rights of the Trustee and of the County under the County Deed of Trust are hereby made subject and subordinate in all respects to the lien of the Xenith Deed of Trust and all amendments, modifications and additions thereto or substitutions therefor, and to the rights of the trustees named in the Xenith Deed of Trust and the rights of Xenith as beneficiary under the Xenith Deed of Trust. 3 I-1321686.1 The Trustee and the Board acknowledge that the Xenith Deed of Trust contemplates further advances and re-advances of the indebtedness secured thereby and that the subordination hereunder is intended to subordinate the lien of the County Deed of Trust to future advances and re-advances made under the Xenith Deed of Trust and the instruments secured thereby. Grantors and the Board join in the execution of this Agreement to request and consent to the subordination of the County Deed of Trust to the Xenith Deed of Trust as set forth herein. [Signatures and Acknowledgements Appear on the Following Pages] 4 I-1321686.1 WITNESS the following signatures pursuant to due authority. Benns Church Properties, a Virginia general partnership, by its partners By: ________________________________ Henry W. Morgan By: Turner Farms, Inc., a Virginia corporation By: ___________________________ Richard L. Turner President COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Henry W. Morgan, as partner of Benns Church Properties, a Virginia general partnership, acknowledged this instrument before me on behalf of such partnership on _________________, 2015. My commission expires:_______________________. ____________________________________ Notary Public [SEAL] [Additional signature pages follow.] 5 I-1321686.1 [Signature page to Subordination Agreement] COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify Richard L. Turner, as President of Turner Farms, Inc., a Virginia corporation, as partner of Benns Church Properties, a Virginia general partnership, acknowledged this instrument before me on behalf of such corporation on _____________, 2015. My commission expires:________________________. ____________________________________ Notary Public [SEAL] ____________________________________ Henry Morgan, partner t/a Benns Church Properties COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Henry Morgan, partner t/a Benns Church Properties acknowledged this instrument before me on ___________________, 2015. My commission expires:________________________. ____________________________________ Notary Public [SEAL] [Additional signature pages follow.] 6 I-1321686.1 [Signature page to Subordination Agreement] ____________________________________ Richard L. Turner, partner t/a Benns Church Properties COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Richard L. Turner, partner t/a Benns Church Properties acknowledged this instrument before me on ___________________, 2015. My commission expires:_______________________. ____________________________________ Notary Public [SEAL] [Additional signature pages follow.] 7 I-1321686.1 [Signature page to Subordination Agreement] ____________________________________ Mark C. Popovich Trustee COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Mark C. Popovich as Trustee acknowledged this instrument before me on ______________, 2015. My commission expires:________________________. ____________________________________ Notary Public [SEAL] [Additional signature pages follow.] 8 I-1321686.1 [Signature page to Subordination Agreement] Given under my hand as Chairman of and authorized representative for the Board of Supervisors of Isle of Wight County, Virginia this _____ day of _____________, 2015. BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA By: ____________________________________ Name: Chairman COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that ____________________ as Chairman of the Board of Supervisors of Isle of Wight County, Virginia acknowledged this instrument on behalf of the Board of Supervisors of Isle of Wight County, Virginia before me on _______________, 2015. My commission expires:___________________________. ____________________________________ Notary Public [SEAL] [Additional signature pages follow.] 9 I-1321686.1 [Signature page to Subordination Agreement] Approval of Subordination Agreement I, Mark C. Popovich, County Attorney for the County of Isle of Wight, Virginia, do hereby certify that, pursuant to Section 15.2-1803 of the Code of Virginia, I approve the form of the foregoing Subordination Agreement dated as of April ____, 2015 from Benns Church Properties and Henry Morgan and Richard L. Turner, partners, t/a Benns Church Properties and Mark C. Popovich, Trustee. Given under my hand as County Attorney this ____ day of April, 2015. ____________________________________ Mark C. Popovich County Attorney for Isle of Wight County, Virginia COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: I do hereby certify that Mark C. Popovich as County Attorney for Isle of Wight County, Virginia acknowledged this instrument before me on _________________________, 2015. My commission expires:________________________. ____________________________________ Notary Public [SEAL] [Final signature page follows.] 10 I-1321686.1 XENITH BANK By:_______________________________[SEAL] Name: Title: COMMONWEALTH OF VIRGINIA City of ________________________________, to-wit: The foregoing instrument was acknowledged before me this _______ day of April, 2015, by _____________________________________________, _____________________ on behalf of Xenith Bank. ____________________________________ Notary Public My Commission Expires: Notary Registration No. _____________________ [SEAL] 1 ORGANIZATIONAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND FIFTEEN AT 11:00 A.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 11:00 a.m., Chairman Bailey called the meeting to order. // Supervisor Alphin delivered the invocation. // The Pledge of Allegiance was conducted. // County Administrator Seward called for nomination of the Chairman of the Board of Supervisors for 2015. Supervisor Bailey moved that Supervisor Alphin be elected as Chairman of the Board for 2015. The motion was adopted by a vote of (5-0) with Supervisors Jefferson, Casteen, Bailey, Alphin and Darden voting in favor of the motion and no Supervisors voting against the motion, Chairman Alphin called for nomination of the Vice-Chairman of the Board 2 for 2015. Supervisor Casteen moved that Supervisor Darden be elected as Vice- Chairman of the Board for 2015. The motion was adopted by a vote of (5-0) with Supervisors Jefferson, Casteen, Bailey, Alphin and Darden voting in favor of the motion and no Supervisors voting against the motion. // Chairman Alphin moved that Carey Mills Storm be appointed as Clerk of the Board of Supervisors for 2015. The motion was adopted by a vote of (5-0) with Supervisors Jefferson, Casteen, Bailey, Alphin and Darden voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Casteen offered a change in the proposed January 2015 meeting date from January 15, 2015 to January 22, 2015 and moved that the following meeting schedule of the Board be adopted for 2015: Monday, January 5th 11:00 a.m. Thursday, January 22nd 5:00 p.m. Thursday, February 19th 5:00 p.m. Thursday, March 19th 5:00 p.m. Thursday, April 16th 5:00 p.m. Thursday, May 21st 5:00 p.m. Thursdays, June 18th 5:00 p.m. Thursday, July 16th 5:00 p.m. Thursday, August 20th 5:00 p.m. Thursday, September 17th 5:00 p.m. Thursday, October 15th 5:00 p.m. Thursday, November 19th 5:00 p.m. Thursday, December 17th 5:00 p.m. Monday, January 4, 2016 11:00 a.m. The above meetings will take place in the Robert C. Claud, Sr. Board Room. 3 The motion was adopted by a vote of (5-0) with Supervisors Jefferson, Casteen, Bailey, Alphin and Darden voting in favor of the motion and no Supervisors voting against the motion. // The By-Laws and Rules of Procedure of the Isle of Wight County Board of Supervisors were offered for adoption. Supervisor Jefferson moved that the By-Laws and Rules of Procedure be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Jefferson, Casteen, Bailey, Alphin and Darden voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Darden moved that the Agenda be adopted. The motion was adopted by a vote of (5-0) with Supervisors Jefferson, Casteen, Bailey, Alphin and Darden voting in favor of the motion and no Supervisors voting against the motion. // A list reflecting Board member appointments in 2014 was circulated by County Administrator Seward and Chairman Alphin commented that he intended to make these appointments at the Board’s January 22, 2015 meeting. // 4 At 12:30 p.m., the Chairman declared the meeting adjourned. __________________________ Rex W. Alphin, Chairman ______________________________ Carey Mills Storm, Clerk 1 JOINT MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS AND THE INDUSTRIAL DEVELOPMENT AUTHORITY HELD THE THIRTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND FIFTHTEEN AT 4:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Rex W. Alphin Delores C. Darden Rudolph Jefferson Byron B. Bailey Alan E. Casteen Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk Chairman Alphin called the joint meeting to order at 4:00 p.m. and the Board received a presentation from Russell Held, Vice President, Economic Development and Stephanie France, Economic Development Manager/Port Incentive Administrator, Virginia Port Authority on the Port of Virginia and economic development opportunities in the County. Santi McNinch, General Counsel, Virginia Economic Development Partnership, provided a comparison of Economic Development Authorities and Industrial Development Authorities. The Board received a consensus from the Authority in agreement of the County’s Industrial Development Authority becoming an Economic Development Authority in name. At 5:45 p.m., Chairman Alphin declared the joint meeting adjourned. __________________________ Rex W. Alphin, Chairman ______________________ Carey Mills Storm, Clerk 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-SECOND DAY OF JANUARY IN THE YEAR TWO THOUSAND AND FIFTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., the Chairman called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting 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/authorities and pursuant to Section 2.2-3711(A)(5) regarding consultation with legal counsel employed by the public body regarding specific legal matters requiring the provision of legal advice by such counsel related to the Isle of Wight Volunteer Rescue Squad construction project. Supervisor Casteen moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 2 Supervisor Casteen moved that the following Resolution be 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: Bailey, Darden, Jefferson, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // At 6:00 p.m., Supervisor Bailey delivered the invocation. // 3 The Pledge of Allegiance to the Flag was conducted. // APPROVAL OF AGENDA County Attorney Popovich noted that a revised staff report to honor Randall Booth with a Courthouse portrait was placed in the Board’s seats prior to the meeting. Supervisor Jefferson requested that the staff report regarding Tyler’s Beach be removed. Supervisor Bailey moved to approve the agenda by accepting a revised Item (B), Staff Report - Request to Honor Randall Booth with a Courthouse Portrait, under the Consent Agenda and removing Item (D), Staff Report - Tyler’s Beach Update, under the County Administrator’s report. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Resolution to Eliminate Chapter 8, Article II, of the County Policy Manual B. Staff Report – Request to Honor Randall Booth with a Courthouse Portrait (Revised) C. Motion to Authorize Signs Erected Pursuant to the Authorization from the Governing Body for the Courthouse Complex and Park Facilities Supervisor Casteen moved that the Consent Agenda be approved with the removal of Item (C), Authorization of Signs to be Erected Pursuant to the Authorization from the Governing Body for the Courthouse Complex and Park Facilities. The motion was adopted by a vote of (5-0) with Supervisors 4 Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen further moved that Item (C), Authorization of Signs to be Erected Pursuant to the Authorization from the Governing Body for the Courthouse Complex and Park Facilities, be approved with direction to staff that the Fort Huger sign be repurposed in keeping with consistent signage throughout the County. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Darden reported on statistical information contained in the 2015 Hampton Roads Economic Forecast were discussed at the most recent meeting of the Hampton Roads Planning District Commission. Supervisor Darden reported on projects discussed at the Hampton Roads Transportation Planning Organization and the County’s lack of a response from VDOT to questions regarding the proposed Route 460 alignment project. Chairman Alphin reported on the County’s 2014 sales, use and fuel taxes discussed at the most recent meeting of the Hampton Roads Transportation Accountability Commission. Supervisor Jefferson reported on the Western Tidewater Jail’s total bed capacity and financial matters. He notified the Board of an anticipated increase in funding for the County. Chairman Alphin reported on challenges within the Board and School Board. Supervisor Darden reported on the topics discussed at the joint meeting between the Board and the Industrial Development Authority held on January 13, 2015. APPOINTMENTS 5 Supervisor Casteen moved that Cynthia Taylor be reappointed to represent the Smithfield District on the Planning Commission. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Mark E. Brown fill the unexpired term of Jerianne Gardner on the Wetlands Board representing the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Andrea Clontz, Interim Director of Emergency Services, be reappointed as the primary member on the Hampton Roads All Hazards Advisory Committee. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Jeffrey “Jeff” Terwilliger, Chief of Emergency Services, be appointed as the alternate member on the Hampton Roads All Hazards Advisory Committee. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCES Mark W. Furlo, Director of Parks and Recreation, Danny Byrum, Fair Chairman and Lauren Bailess, Fair/Events Coordinator, reported on the awards won in association with the County’s 2014 Fair. Joe Lomax, VDOT Residency Engineer, updated the Board regarding paving, mowing and ditch maintenance on County roadways. Donald T. Robertson, Director of Information Resources and Legislative Affairs, provided a slide presentation of animals currently available for adoption at the County’s animal shelter. 6 CITIZENS’ COMMENTS Albert Burckard of Titus Point Lane, on behalf of the County’s Centennial Committee and Historical Society, requested a donation from the County in the amount of $825 for an historical marker. R. L. Walker of Maryland Avenue addressed the Board regarding needed road and ditch repairs along Central Hill Road. Dale Scott, on behalf of the Windsor Volunteer Fire Department, addressed the Board regarding the finalization of a signed Facilities Use Agreement by all seven (7) of the County’s volunteer organizations and the restoration of funding. Fred Mitchell, Carrollton Volunteer Fire Department, addressed the Board regarding the finalization of a signed Facilities Use Agreement by all seven (7) of the County’s volunteer organizations and the restoration of funding. Jesse Gwaltney of Orbit Road spoke in favor of the Facilities Use Agreement developed by Attorney Crook. Debbie Bales of Carrollton expressed numerous concerns with respect to the Carrollton Volunteer Fire Department and a Facilities Use Agreement. PUBLIC HEARING A. Zoning Classification Change for Jeffrey and Melanie Seward Beverly H. Walkup, Director of Planning and Zoning, provided details on the application, to include its strengths and that it has no weaknesses. She advised that the Planning Commission voted to recommend approval of the rezoning and waiver. William Riddick, Attorney representing the applicants, advised that they are preserving the farmland and the proposed subdivision will consist of large lots with the two lots to the north being served by one driveway in order to 7 minimize the cuts on the highway. He advised that the cemetery will be delineated and the applicants are offering an appropriate cash proffer. Chairman Alphin called for citizens to speak in favor or in opposition to the proposed application. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Chairman Alphin moved that the rezoning request and the waiver be approved. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. B. Conditional Use Permit for a Towing Service Storage Yard Trent Blow, Planner, provided a PowerPoint presentation of the Conditional Use Permit, its background, a location map, a zoning map, a site plan, road frontage, side entrance and building, storage area and strengths and weaknesses of the application. He advised that the Planning Commission recommends approval of the application with the installation of the require fence. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Conditional Use Permit. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the Conditional Use Permit be approved conditioned on the fence being installed. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 8 COUNTY ADMINISTRATOR’S REPORT Donald T. Robertson, Director of Information Resources and Legislative Affairs, updated the Board regarding legislation currently under consideration in the General Assembly. Charles Meek, Assistant to the County Administrator, provided a PowerPoint presentation regarding the proposed FY2016-2025 Capital Improvements Plan; its purpose; the development process; and, the next steps involved with its adoption. Frank Haltom, Director of General Services, provided an overview of projects included in the County’s Enterprise Funds of Public Utilities and Stormwater Management. Mark W. Furlo, Director of Parks and Recreation, provided an overview of that Department’s proposed CIP projects. Tony Wilson, Public Works Administrator, briefed the Board regarding those projects over $50,000 which are included in a capital maintenance fund. Andrea S. Clontz, Interim Director of Emergency Services, briefed the Board regarding the major emergency services projects contained in the CIP which include an E-911 radio system replacement; fire/EMS apparatus replacements; fire/EMS Facilities; and, the Rushmere Volunteer Fire Department. Jamie Oliver, Transportation Planner, briefed the Board regarding major transportation infrastructure projects contained in the CIP related to the Westside Elementary School sidewalk; the Nike Park Trail Phase 2; the Nike Park Trail Phase 3; the Route 620 Broadwater Road; Intersection Improvements at Route 460/Old Mill Road; the Nike Park Road extension; and, a road widening project at Route 258. 9 Amy Ring, Interim Director of Economic Development, briefed the Board regarding the Shirley T. Holland Intermodal Park pad site project proposed in the CIP. County Administrator Seward advised that the public hearing on the CIP will be set at the Board’s February 2015 meeting. Michael W. Terry, Director of Budget and Finance, provided an overview of projections contained in the second quarter Financial Report. County Administrator Seward informed the Board that staff anticipates the County’s $3.8 million deficit in the Fund Balance to be reduced to $1.8 million. Mr. Rudnicki provided a PowerPoint presentation regarding a request from Dominion Hay for a waiver to the Zoning Ordinance which was recommended for approval by the Planning Commission. Supervisor Darden moved that the waiver request from Dominion Hay be approved. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Jamie Oliver, Planner, provided an update on the VDOT new recommended preferred alternative for the Route 460 upgrade; the County’s areas of concern; and, the steps moving forward. County Administrator Seward advised that staff would correspond with the Commonwealth Transportation Board and that she would be requesting the Board to convene a special meeting for adoption of a resolution of support to be forwarded to the Commonwealth Transportation Board. Judy H. Winslow, Director of Tourism, briefed the Board on marketing initiatives (Restaurant Week/Digital Billboard Campaign) occurring in the month of February. 10 The following informational items were highlighted by County Administrator Seward: IOW Social Media; Monthly Reports; Tax Levies & Collections as of December 2014/Cash Position/Statement of the Treasurer’s Accountability; Fire and Rescue Activity Report; Sheriff’s Monthly Activity Report; IT Website Statistics; First Annual Employee Safety and Wellness Fair; Ribbon Cuttings (Health Department, Isle of Wight Rescue Squad, Smithfield Fire Truck); Town Hall Meetings (Carrsville and Windsor); VDOT Residency Administration Update; Litter Pickup Update; and, a Single Audit Report. UNFINISHED/OLD BUSINESS Ms. Clontz provided an update on Carrollton Volunteer Fire Department’s compliance with the Operational Medical Director’s requirements. County Administrator Seward presented a request from the Smithfield Town Council to hold an Intergovernmental Relations Committee meeting and was requested to relay to the appropriate Town of Smithfield officials that Supervisors Casteen and Jefferson would be available to meet the fourth week in February 2015. Chairman Alphin moved that the following Board members be appointed to the following Board Committees which will expire in January 2016: COMMITTEES MEMBER Building, Grounds & Al Casteen Transportation Buzz Bailey Community Development Rex Alphin Dee Dee Darden Joint Tourism Al Casteen Dee Dee Darden Parks, Recreation & Rex Alphin Cultural Rudolph Jefferson Personnel Dee Dee Darden Rudolph Jefferson Public Safety Rex Alphin Rudolph Jefferson 11 Franklin Intergovernmental Rex Alphin Relations Dee Dee Darden Smithfield Intergovernmental Al Casteen Relations Rudolph Jefferson Windsor Intergovernmental Rex Alphin Relations Dee Dee Darden The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS No new business was offered for discussion by the Board and the meeting was adjourned at 9:25 p.m. __________________________ Rex W. Alphin, Chairman ______________________ Carey Mills Storm, Clerk 1 SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE ELEVENTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND FIFTHTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., Chairman Alphin called the meeting to order for the purpose of conducting a special meeting of the Board to address the proposed new Route 460 alignment. // The Pledge of Allegiance was conducted. // APPROVAL OF THE AGENDA Supervisor Casteen moved that the agenda be approved, as revised, to include the discussion of a legislative item pertaining to localities having the right to eliminate plastic bags to follow discussion on the Resolution to Support the Preferred US Route 460 Alignment. The 2 motion was adopted by a vote of (5‐0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // CITIZENS COMMENTS Billy Gwaltney of 23489 Deer Path Trail stated the proposed new alignment crosses 1.2 miles of his farm and will put Perry’s Minnow Farm out of business. He stated he has a peanut buying station, a shelling and farming operation located on Shiloh Drive that if he does not have road access to in the fall, he will be unable to operate? He requested the Board to delay its vote on the proposed resolution tonight with the belief that there is a better route. Brenda Stephenson of 13271 Windsor Boulevard stated the proposed route will close down the businesses of Perry’s Minnow Farm and Windsor Woodworking. She submitted an article she had previously submitted to VDOT which depicts the farms and families that a small alignment would save if the new route was not on Old Suffolk Road Robert Crocker of 9430 Cut Thru Road spoke against the proposed route, noting it would come as close as 200 yards to his backdoor. He stated he is appalled by the little bit that can be accomplished by this project as compared to the amount of money being spent to build it. Frank Grubbs of 13005 Shiloh Drive stated the proposed 17‐mile project is illogical and accomplishes nothing. He stated that he cannot find a purpose for this project because it tears up a community. He stated this project is going to cost six times per mile what the regular highway does in Virginia. 3 William Johnson of 11394 Five Forks Road stated that the County has a great investment in the Shirley T. Holland Industrial Park and he encouraged the Board to search for other good reasons that the County will be impacted by the proposed route. // Jamie Oliver, Transportation Planner, provided a PowerPoint presentation recapping the history of the Route 460 alignment project; the new recommended preferred alternative route, which was publicly announced on January 12, 2015 and which will be presented to the Commonwealth Transportation Board at its meeting on February 18, 2015; the steps associated with its approval, if approved; and, the County’s areas of concern. She advised that staff has developed a resolution of support for the recommended preferred alternative, subject to specific provisions and that the Board designate Chairman Alphin to represent the County’s interest and provide public comment to the CTB at its meeting on February 18, 2015. Supervisor Darden moved to adopt the following resolution to support the recommended preferred alternative U.S. 460 with a change in the date of adoption to February 11, 2015: RESOLUTION TO SUPPORT THE RECOMMENDED PREFERRED ALTERNATIVE TO U.S. 460 OF JANUARY 13, 2015 WHEREAS, Isle of Wight County recognizes that the U.S. 460 Corridor Improvement Project is intended to benefit the long term interests of the Commonwealth; and 4 WHEREAS, the Commonwealth Transportation Board has determined that the U.S. 460 Corridor Improvement Project is a key priority for sufficiently addressing safety, mobility and evacuation, and adequately accommodating freight traffic in order to meet existing and future transportation needs; and WHEREAS, Isle of Wight County concurs with the proposed prioritization and acknowledges that the recommended Preferred Alternative of January 13, 2015, meets the purpose and need of the U.S. 460 Corridor Improvement Project; and WHEREAS, Isle of Wight County acknowledges that specific constraints, including environmental, limit the location of the proposed corridor improvements in Isle of Wight County; and WHEREAS, Isle of Wight County is a constructive partner regarding U.S. 460 corridor improvements that seek to benefit the welfare of various local, regional and statewide interests and stakeholders including the Port of Virginia; and WHEREAS, several of the Port of Virginia’s largest customers are located in Isle of Wight County and have a demonstrated need to access the U.S. 460 Corridor Improvements in order to provide safe and efficient transport of their increasing freight traffic to and from the Port from the County’s Shirley T. Holland Intermodal Park; and WHEREAS, the Shirley T. Holland Intermodal Park has 974 developable acres planned and zoned for future industrial development which will necessarily generate additional employee and freight traffic; and 5 WHEREAS, the future expansion of the Shirley T. Holland Intermodal Park is a vital component of Isle of Wight County’s sustained economic viability. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County supports approval of the location of the seventeen (17) mile recommended Preferred Alternative to U.S. 460 of January 13, 2015, subject to the provisions of the following prioritized items: 1. A full interchange at the intersection of the recommended Preferred Alternative and the existing U.S. 460 that provides full access to the Shirley T. Holland Intermodal Park including incorporation of improvements to the existing State Route 607 (Old Mill Road) intersection and the existing U.S. 460 corridor between Old Mill Road and the County line, and options for leaving State Route 636 (Old Suffolk Road) open. 2. A full interchange at the intersection of the recommend Preferred Alternative and U.S. 258 for improved movement along the Preferred Alternative and enhanced evacuation from the northern portion of the County. 3. Grade separation at the following: State Route 603 (Shiloh Drive), and State Route 600 (Deer Path Trail). 4. Continuation of multi‐modal access on US Route 258. 5. Continued efforts to work with affected landowners as much as possible such that the finalized route will be the least intrusive possible to maintain specific landowner interest. The motion was adopted by a vote of (5‐0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 6 Chairman Alphin brought up the issue of SB1103 and requested the Board’s consideration of sending a letter of support of that legislation to allow localities the option of eliminating plastic bags. Supervisor Bailey moved that staff be directed to send a letter in support of SB1103 making it an option for localities as soon as possible. The motion was adopted by a vote of (5‐0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // At 6:15 p.m., Chairman Alphin declared the meeting adjourned. __________________________ Rex W. Alphin, Chairman ______________________________ Carey Mills Storm, Clerk 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND FIFTHTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., Chairman Alphin called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointees to County boards/committees or authorities; pursuant to Section 2.2-3711(A)(3) concerning a discussion on publicly held real property where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body related to the Ennisdale property; pursuant to Section 2.2-3711(A)(3) concerning a discussion on publicly held real property where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body related to the Stoup property; pursuant to Section 2.2-3711(A)(7) related to consultation with legal counsel employed by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to annexation by the Town of Smithfield; and, pursuant to Section 2.2- 3711(A)(7) concerning consultation with legal counsel pertaining to actual litigation where such consultation in open meeting would adversely affect the litigating posture of this public body relating to the discrimination and 2 defamation of character suit filed by the former Economic Development Director. Supervisor Bailey moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the following Resolution be 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: Bailey, Darden, Jefferson, Alphin and Casteen 3 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. // At 6:00 p.m., Chairman Alphin delivered the invocation and led the Pledge of Allegiance to the Flag. // APPROVAL OF AGENDA County Attorney Popovich requested the following changes to the agenda: Under Public Hearings, remove Item (B.), Appeal by VA Timberline Related to Request for a Bond Reduction; under the County Administrator’s report, remove Item (A.), Bond Refunding and Financing Opportunities; under New Business, add a discussion on the Windsor Volunteer Fire Department; and, following New Business, add a closed meeting. Supervisor Darden moved that the agenda be adopted, as amended. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Resolution - Accept and Appropriate a Stormwater Local Assistance Fund (SLAF) Grant B. Resolution - Accept and Appropriate a VSTOP Grant 4 C. Resolution - Accept and Appropriate DMV Animal Friendly License Plate Program Funding D. Motion – Deny a Request for Funding for the Fort Bee Highway Historical Marker E. Staff Report: Update on Carrollton Volunteer Fire Department Compliance with OMD Requirements Supervisor Casteen moved that Item (D), Deny Request for Funding for the Fort Bee Highway Historical Marker, be removed and that the remainder of the Consent Agenda be approved. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (D), Deny Request for Funding for the Fort Bee Highway Historical Marker, County Administrator Seward advised that responsive to budget amendments which were occurring routinely, a policy was established outlining a process by which all non-profit organizations which provided criteria could be evaluated. She stated that while this request would meet the criteria contained in the policy, in order to be fair, it should go through the same process as the other non-profit organizations. Chairman Alphin commented that while it is important to follow established policies and guidelines, he sees this as a unique situation which does not involve a great deal of money Supervisor Bailey moved to fund the Fort Bee Highway Marker in the amount of $875.00. The motion was defeated by a vote of (3-2) with Supervisors Darden, Jefferson and Casteen voting against the motion and Supervisors Bailey and Alphin voting in favor of the motion. REGIONAL REPORTS Supervisor Jefferson reported that the Western Tidewater Regional Jail continues to be operated within budget and with no maintenance issues. He advised that medical expenses continue to increase, but inmates have 5 provided 503.5 hours of labor, for a savings in labor cost to the County of $5,035. He advised that the Jail has signed an MOU for a formal energy audit and it is committed to its inmates by offering a host of programs so that they may successfully return to the community. Supervisor Casteen reported that only routine matters had been discussed at the most recent meeting of the Western Tidewater Water Authority. Chairman Alphin reported the proposed general route for the 460 alignment project was recently approved by the Commonwealth Transportation Board. Chairman Alphin reported that staff had recently met with Green Mountain representatives and looks forward to a continued relationship with them in the future. Chairman Alphin reported that the Hampton Roads Transportation Accountability Committee is giving consideration to adding two lanes each way at Bowers Hill Road over the high rise bridge. APPOINTMENTS Supervisor Jefferson moved that Lee Duncan be reappointed to represent the Hardy District on the Historical Architectural Review Committee. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Janet Robertson be reappointed to represent the Hardy District on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and Supervisors voting against the motion. Supervisor Jefferson moved that Pete Farmer be reappointed to represent the Hardy District on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 6 Supervisor Jefferson moved that Bobby Bowser be appointed to represent the Hardy District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Robert Lockhart be appointed to represent the Newport District on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Richard Gillerlain be appointed to represent the Newport District on the Planning Commission, replacing Kurt Frischmann. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Ron Spivey be reappointed to represent the Smithfield District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCES Jeffery Terwilliger, the County’s new Chief of Emergency Services, was formally introduced to the Board and public. Greg Grootendorst, Chief Economist, Hampton Roads Planning District Commission, presented economic and population projections for the region and the potential impact on the County. Mark W. Furlo, Director of Parks and Recreation, provided an overview of the Spring/Summer recreation and leisure classes and programs offered by the Department of Parks and Recreation as contained in the Leisure Guide. 7 Supervisor Casteen requested that Mr. Furlo’s presentation be included in the informational items in the next agenda. CITIZENS’ COMMENTS Betsy Egan, Smithfield District, spoke in opposition to the ISLE 2040 Plan. She requested that no changes be made to the 2008 Comprehensive Plan and official land use maps without countywide scenario based planning. She spoke in favor of well planned growth, but spoke against where the excess growth is being promoted. Bill Egan, Smithfield District, identified flaws in the proposed ISLE 2040 Plan and recommended a countywide transportation plan be developed to address growth. Shelley Perry, Hardy District, spoke against growth and increased taxes. Herb DeGroft, Hardy District, spoke regarding growth inaccuracies. Dale Scott, member of the Windsor Volunteer Fire Department, requested the Board to adopt the revised Facilities Use Agreement and restore funding to all stations. Fred Mitchell, member of the Carrollton Volunteer Fire Department, requested that funding be restored to that agency. Richard Cratch, 15355 Carrollton Boulevard, requested that churches be exempt from taxes; that the Board favorably consider the revised Facilities Use Agreement; and, that growth in the County be well planned. PUBLIC HEARINGS A. Resolution to Adopt the FY 2016-2025 Capital Improvements Plan 8 Charles Meek, Assistant to the County Administrator, provided a recap of the proposed FY2016-2025 Capital Improvement Plan PowerPoint presentation which was provided to the Board at its January 22, 2015 meeting. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Capital Improvements Plan. Vope Boykin of Walters Highway noted that the County just experienced a 33% tax increase and any projects approved in the CIP should be paid for with increasing taxes or the County having to borrow the funds to do it. Shelley Perry of Melissa Drive stated do not spend what the County does not have and keep the County on a budget. Herb DeGroft of Mill Swamp Road requested that items be allocated correctly, such as roof and bus replacements which should be in the CIP and not in the Operating Budget. Jim Henderson of Doggett Lane stated he would like to see if half of the Plan contains bond issues and is it a net increase in debt or does it reduce debt. He stated he would also like to see a payback plan or return on investment plan included in the Plan. Ed Easter of Hideaway Lane concurred that the best method of funding the school system is to include funding for roof and bus replacements in CIP and not in the Operating Budget. Fred Mitchell of Sugar Hill Road commented that the fund for the proposed projects in the CIP could be more wisely spent elsewhere. He requested that the Board protect what the County has and be realistic with funding. Chairman Alphin closed the public hearing and called for comments from the Board. County Administrator Seward clarified that the Capital Improvement Plan is simply a plan developed to take advantage of grants should they arise. She explained that a CIP is intended to look at what is needed for the future of our 9 community and future generations and a budget is a one-year snapshot of how we are going to pay the bills for the next twelve months. She stated the CIP is also the document used by the Planning Commission when the development community comes before the Commission with what they want to build. She advised that funds will be allocated for this year’s Capital Budget with the adoption of Operating and Capital Budget which is to occur before June 30th, 2015. Chairman Alphin requested County Administrator Seward to elaborate on the County’s newly adopted “Pay as You go” policy. County Administrator Seward explained that the “Pay as You Go” plan is one of the seven key best financial management practices which every good local government has and is a concept that 100% of what a government does is not financed. She advised that the County should be taking in some revenues annually and allocating them in the CIP. She stated 3% of revenues generated should be going towards infrastructure and capital improvements. She stated that the County puts its 3% in a capital maintenance pot which is funds for projects over $50,000 but doen’t lend themselves to long-term borrowing. Supervisor Jefferson moved that the following be adopted: A RESOLUTION TO ADOPT THE FY 2016-2025 CAPITAL IMPROVEMENTS PLAN WHEREAS, in accordance with Section 15.2-2239 of the Code of Virginia, the Isle of Wight County Planning Commission has prepared and recommended a comprehensive plan for the physical development of the County; and, WHEREAS, for planning purposes, capital improvement projects have been identified and listed for consideration along with their respective costs in the FY 2016-2025 Capital Improvements Plan; and, WHEREAS, the Board of Supervisors deems it appropriate to adopt a capital improvements plan in accordance with the Code of Virginia. 10 NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia adopts the FY 2016- 2025 Capital Improvements Plan. The motion was adopted by a vote of (4-1) with Supervisors Bailey, Alphin, Darden and Jefferson voting in favor of the motion and Supervisor Casteen voting against the motion. // Following a ten-minute break, the Board returned to open session. // B. Amend Conditional Zoning of 4.33 acres located at 14214 Carrollton Boulevard Richard Rudnicki, Assistant Director of Planning and Zoning, provided a PowerPoint presentation on the background of the application noting that the Planning Commission voted to recommend approval as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Capital Improvements Plan. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey moved to approve the waiver request. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. D. Ordinance – Amend and Reenact Chapter 2, Administration, Article III, Industrial Development Authority to Officially Change the Name of the 11 Industrial Development Authority to the Economic Development Authority County Attorney Popovich advised that this revision to the ordinance will effectuate a name change from the Industrial Development Authority to the Economic Development Authority to better capture the scope of work that is to be performed by that body. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Capital Improvements Plan. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Casteen moved to approve the proposed revisions to Chapter 2, Article III, Economic Development Authority, as presented: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 2. ADMINISTRATION. ARTICLE III. INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it to be in the best interest of Isle of Wight County to change the official name of the Industrial Development Authority of the County of Isle of Wight to the Economic Development Authority of Isle of Wight County, as such change more accurately reflects the intended objectives of said body; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 2. Administration. Article III. Industrial Development Authority of the Isle of Wight County Code be amended and reenacted as follows: CHAPTER 2. ADMINISTRATION. 12 Article III. Economic Development Authority. For state law as to authority of county to create economic development authority, see Code of Va., § 15.2-4903. As to powers of economic development authority, see Code of Va., § 15.2-4905. Sec. 2-12. Political subdivision—Created. There is hereby created a political subdivision of the commonwealth with such public and corporate powers as are set forth in the Industrial Development and Revenue Bond Act (Chapter 49, Title 15.2, §§ 15.2-4900 et seq.), including such powers as may hereafter be set forth from time to time in such Act. (12-5-68, § 1.; 2-19-15) Sec. 2-13. Same—Name. The name of the political subdivision of the commonwealth created by this article shall be the "Economic Development Authority of Isle of Wight County." (12-5-68, § 2.; 2-19-15) . The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR’S REPORT County Administrator Seward mentioned that the issue of the bond refunding and financing opportunities was removed from the agenda under Approval of the Agenda. She advised that bids were solicited; however, it did not materialize as a financial option. Jamie Oliver, Planner, briefed the Board on VDOT’s new recommended preferred alternative 460 alignment route announced on January 12, 2015 and adopted by the Commonwealth Transportation Board on February 18, 2015. Chairman Alphin mentioned that the entire new proposed route is outside the Town of Windsor town limits and all this traffic will now be bypassing the 13 Town of Windsor and it will have a long-term adverse effort on the Town’s dining establishments which will affect the Town revenues substantially. Beverly H. Walkup, Director of Planning and Zoning, provided an update on improvements with the following major development projects: Benns Church intersection, Benns Grant residential, St. Lukes Village, Brewer’s Station, the Crossings, Eagle Harbor Tract 8, Archer’s Meade and Bridgepoint Commons. Mary Beth Johnson, Director of Human Resources, briefed the Board regarding proposed amendments to Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11 and Chapter 1: Personnel, Article VI, Section 6.2 and Amend and Re-adopt Chapter 7: Miscellaneous - Employee Related, Article II of the County Policy Manual. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V, SECTIONS 5.8, 5.9 AND 5.11 AND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTION 6.2 AND AMEND AND RE-ADOPT CHAPTER 7: MISCELLANEOUS – EMPLOYEE RELATED, ARTICLE II OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding the provision of Military Leave, Court Leave, Unauthorized Leave, the Tuition Reimbursement Program, and Emergency Conditions and Unexpected Closings under Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11, Article VI, Section 6.2, and Chapter 7: Miscellaneous – Employee Related, Article II of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11 and Article VI, Section 6.2 and to amend and re-adopt Chapter 7: Miscellaneous – Employee Related, Article II of the County Policy Manual to afford for enhanced employee guidance by clarifying guidelines regarding military leave provisions and the associated employee and employer rights and responsibilities, court leave 14 utilization, unauthorized leave, the Tuition Reimbursement Program, and the handling of Emergency Conditions and Unexpected Closings; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11 and Article VI, Section 6.2 of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014, December 18, 2014, February 19, 2015) Section 5.8 (Revised February 2, 2006, February 19, 2015) Military Leave An employee who is a member of the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves, or Public Health Service Any employee who is or may become a member of any reserve component of the armed forces of the United States shall be will be granted an unpaid leave of absence for military service, training, or related obligations from his/her respective duty without loss of time, regular leave, accrued leave, impairment of employee evaluation, or any other rights or benefits to which he is otherwise entitled, for all periods of military service of the state or the United States, under competent orders, in accordance with applicable law. Employees will also be granted time off for military training. Employees should advise their supervisor and/or department head of their training schedule and/or other related obligations as far in advance as possible. Employees on military leave may substitute their accrued paid leave time for unpaid leave. Continuation of Health Benefits During a military leave of less than 31 days, an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. For military leaves of more than 30 days, an employee may elect to continue his/her health coverage for up to24 months of uniformed service, but will be required to pay all of the premium for the continuation of coverage, calculated in the same manner as that required by COBRA. Requests for Active or Reserve Duty Upon receipt of orders for active or reserve duty, an employee should shall notify his/her supervisor, as well as Human Resources, as soon as possible, and submit a copy of the military 15 orders to his/her supervisor and the Human Resources Department. Reinstatement Upon return from military service, an employee may be reinstated into the employment of Isle ofWight County in accordance with the provisions of Title 38, Sections 4312, 4313 and 4316 of the United States Code of Section 44-93.3 of the Code of Virginia (1950, as amended), as such sections may be amended from time to time and as may be applicable to the type of military service performed by the employee. The County is committed to fully complying with the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, and all other laws granting rights to employees based on past, present, or future service in the United States Armed Forces, all of which laws shall control over any conflicting provisions in the County Policy. Section 5.9 (Revised February 19, 2015) Court Leave An employee's absence from work for jury duty or for attending court as a witness shall be defined as court leave. Before court leave is granted, the employee must submit a copy of the official summons for jury duty or witness service to the County Administrator's office Human Resources Department prior to the beginning date of such service. Any employee appearing in court either as a defendant or plaintiff in a case shall not be eligible for court leave. An employee having been granted court leave shall be compensated at the their regular rate of pay during court appearances. Any compensation for jury duty as well as for witness service maybe retained by the employee. Employees summoned by a court for the purpose of qualifying for jury duty are entitled to court leave for the actual period of absence, whether or not they are selected to serve. If the employee's presence is required for less than a full work day, the employee is required to contact his/her department concerning return to work. Any employee who fails to contact his/her department risks the loss of pay for that day. Section 5.10 Accumulation Any employee taking court leave shall be credited with having worked for the duration of the leave. The employee shall be allowed to accumulate all other eligible benefits. Section 5.11 (Revised February 19, 2015) 16 Unauthorized Leave Unauthorized leave shall be defined as an absence from the job during a scheduled work period without the approval of the employee's supervisor or department director. Also, the failure to report to work at the expiration of an authorized leave without the approval of an extension of time, shall be considered an absence without leave unauthorized leave. An unauthorized absencefrom duty during required hours of attendance shall be treated as an absence without pay unauthorized leave. The employee shall be subject to disciplinary action in accordance with the provisions of the disciplinary policy. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, February 19, 2015) Section 6.2 (Revised September 1, 2005; November 15, 2007; August 22, 2013; February 19, 2015) Tuition Reimbursement It is the intention of the Board of Supervisors to recognize, develop, and extend the skills of its the County’s workforce. It is the policy of the Board to encourage employees to enroll in college/university coursework that will lead to their professional growth, expansion of skills, and increased job competence. The Tuition Reimbursement Program provides reimbursement for successful completion of college/university coursework. Eligibility Permanent Regular full-time employees of the County who have successfully completed their initial probationary period are eligible to apply for tuition assistance. Such assistance is limited to six (6) semester hours per fiscal year (July 1 through June 30). Reimbursement is dependent upon the availability of funds. Coursework must be directly related to the assignment of the employee and must be approved by the Department Director prior to submission to Human Resources for approval. Application for tuition assistance must be made to Human Resources for approval prior to registering or enrollingin coursework. Course approval will not be granted after the first class session. Coursework approval is nontransferable; each course requires a separate application. Employees may be reimbursed for tuition costs only, at an accredited college or university, upon successful completion of the course. Reimbursement will be a maximum of $300 per credit hour for no more than six (6) credit hours per fiscal year; thus, the maximum tuition reimbursement an employee will receive in any given fiscal year will be $1,800. Successful completion shall mean the attainment of a minimum of a "C" or its equivalent for undergraduate-level 17 coursework, ora minimum of a “B” or its equivalent for graduate-level coursework. Qualifying Course and Subjects Tuition assistance will be provided only when the coursework is directly related to the employee’s current position, or is a requirement for an Associate’s, Bachelor’s, or Master’s degree in a field directly related to the employee’s present job or promotional objective. Class Hours Classes should not be taken during an employee’s work hours unless the employee has obtained permission from the Department Director to use earned annual leave or compensatory time. Requirements for Reimbursement This benefit is a reimbursement program. The employee must pay the full tuition to the institution upon registering for coursework.  Requests for reimbursement must be submitted along with an official transcript within thirty (30) days of completion of the course.  Reimbursement for coursework will only be made to the employee upon receipt of an official transcript and verification of payment in full to the college or university. General Considerations As a condition of receiving tuition reimbursement, an employee will be required to sign an agreement whereby, in the event the employee separates from the County’s employ within one (1) year after receipt of tuition assistance, he/she will be required to repay all funds expended by the County within sixty (60) days. If the former employee fails to do so, the County will pursue collection in the same manner and by the same means as it would collect other debts and deem the former employee ineligible for rehire. Availability of funding for the Tuition Reimbursement Program may be suspended at any time. BE IT FURTHER RESOLVED THAT, the Board of Supervisors desires to amend and re-adopt Chapter 7: Miscellaneous – Employee Related, Article II as follows: Chapter 7: Miscellaneous - Employee Related ARTICLE II Closings Due to Adverse Weather or Other Conditions (Adopted May 6, 2004, Revised November 5, 2008) 18 Section 2.0 (Revised November 5, 2008) Applicability The diversity of County services and programs makes it impossible to apply a uniform countywide policy on how operations will be affected in times of adverse weather or other problematic conditions. The County Administrator, or his/her designee, shall determine which operations shall be suspended or temporarily closed. In order to serve the citizens, some functions of County government must never close, (for example, emergency management and/or public safety), and will remain open during all adverse weather and other problematic conditions. (See Chapter 7, Article III, Emergency Response and Sheltering). During times of adverse weather or other conditions, or when such conditions appear imminent, it is the responsibility of employees to use good judgment and avoid putting themselves at undue risk of injury. Department Directors and Supervisors are encouraged to apply a liberal leave policy during these conditions and allow employees to use Annual Leave, Compensatory Time, or Leave Without Pay when such a policy would not adversely affect functions which must remain open. Sick Leave cannot be used for this purpose. Accounting for Time Not Worked During times of adverse weather conditions employees anticipating problems in transportation, and who are not working in mandatory operations or not classified as “essential personnel” will be encouraged to use vacation leave privileges or compensatory leave when they encounter problems reporting for work or when leaving work early. Non-exempt Employees When in the employee’s best judgment he/she cannot report to work without putting himself/herself at undue risk of injury, he/she shall immediately notify his/her supervisor that he/she cannot report to work. Employees may use either annual leave or compensatory time when the County is operating under liberal leave. Department's are encouraged to allow employees to make up time missed provided it is feasible for it to be made up within the same work week. Employees are strongly encouraged to bank vacation leave for this purpose. Probationary employees will be allowed to use any accrued vacation leave on adverse weather days when they are not able to report to work. Exempt Employees When in the employee’s best judgment he/she cannot report to work without putting himself/herself at undue risk of injury, he/she shall immediately notify his/her supervisor that he/she cannot report to work. Accounting for time not worked by exempt employees will be done in accordance with the Fair Labor Standards Act. Exempt employees will not be charged for hours of work time missed due to weather or other problematic conditions. Section 2.1 (Revised November 5, 2008) 19 Closing of County Offices Occasionally catastrophic, life-threatening weather conditions occur, such as hurricanes, snowstorms, tornadoes, or floods. In those instances it may become necessary for authorities to order evacuation of County property. Also, on occasions, problems, events, or conditions may occur requiring the County Administrator or his/her designee, to close certain offices and/or programs. In either circumstance the following provisions will prevail: a. Employees who are either not required to report to work on their regularly scheduled work day or to leave work due to a hazardous condition, by order of the County Administrator or his/her designee, shall be paid in accordance with the County’s paid leave policy. Employees shall not be required to take leave or use compensatory time for lost work time. b. Non-exempt employees required to work during such an emergency situation will be paid in accordance with the County’s overtime compensation policy at one and one half times their regular rate of pay. Exempt employees required to work during such an emergency situation will earn compensatory time on an hour for hour basis. c. When feasible, employees required to report for work or to remain at work shall be relieved for a period of time so they can assure the safety of their families and secure their property. d.2 Late openings or cancellations will be publicized through normal media outlets: TV CBS – Channel 3 WTKR NBC – Channel 10 WAVY ABC – Channel 13 WVEC RADIO FM – 89.5 WHRV Early closings shall be communicated through internal channels. Employees are encouraged to call the Employee Information Hotline at 757-365-6304, twenty-four hours a day, for current information on emergency closings or delayed openings. Emergency Conditions and Unexpected Closings (Adopted February 19, 2015) Section 2.0 (Adopted February 19, 2015) Purpose 20 This policy sets forth procedures to provide services and to protect employee safety during emergency conditions such as severe weather or during unexpected closings of one or more County facilities due to such causes as physical plant problems. Isle of Wight County is committed to public service and employee safety. Many County services become even more important to our citizens during emergencies such as severe weather or natural disaster. At the same time, for safety purposes, we do not wish employees to perform nonessential functions which may be a safety risk during severe weather. Similarly, loss of power or other physical plant problems may cause conditions which make it unsafe for citizens and employees to remain in one or more County facilities. Section 2.1 (Adopted February 19, 2015) Policy As a general rule, all County departments will remain open and operational during emergency conditions. Liberal leave may be approved for employees who are unable to report to work or who wish to leave work early or come to work late because of safety considerations. There may be times, however, when conditions are so severe that County facilities are closed. All employees may be required to report to serve our customers during emergency conditions. While some will perform their regular duties, others may be assigned to report at a different time and location and to perform different duties from their regular jobs. Those employees who are not required to work will not be charged leave for the time the County offices are closed. Definitions Emergency Conditions – Emergency conditions shall include, but not be limited to, conditions such as severe weather, or extensive power outages. Such conditions may require a declaration of a local state of emergency by the County Administrator or Board of Supervisors. Liberal Leave – Supervisors are encouraged to approve leave requests made by employees who feel it would be unsafe to report to or to stay at work because of severe weather or other emergency condition provided minimal staffing is maintained. Supervisors may grant the use of accrued annual leave or compensatory leave by employees to cover any absence designated as liberal leave. Severe Weather – Severe weather conditions shall include, but not be limited to, natural 21 weather conditions such as snow storms, hurricanes, tornadoes, floods, and/or anticipated occurrence of such conditions. Unexpected Closings – The closing of one or more County facilities during regularly- scheduled operating hours to include delayed openings and early closings. Section 2.2 (Adopted February 19, 2015) Operations When County Facilities Are Open During Emergency Conditions All employees are expected to report to work as usual. However, employees may be asked to report at a different time and to perform emergency-related duties at a different site for all or a portion of their work hours. Supervisors may grant the use of accrued annual leave, compensatory leave or leave without pay more liberally than usual to employees who feel that reporting to work for the entire day or for a portion of the day, or remaining at work until the end of the day, would compromise their safety. Where appropriate, minimal staffing may be maintained. Supervisors shall ensure that employees perform their work under safe conditions. Particular care should be directed to whether travel by employees is necessary during severe weather. In any case, employees who feel their personal safety is endangered should identify their concerns to their supervisor or department manager who shall address those concerns, including consideration of whether deferring the activity is appropriate. If employees have been exposed to severe weather or other emergency conditions for extended periods of time, supervisors should ensure sufficient rest breaks and use judgment regarding return to regular duties. Section 2.3 (Adopted February 19, 2015) 22 Operations When County Facilities Are Closed During Emergency Or Unexpected Conditions Employees Required to Work When County Facilities Are Closed Twenty-four hour employees, including Fire, Emergency Medical Services, Sheriff’s Office, and Emergency Dispatch, report to work regardless of facility closings and emergency conditions. There is an increased need for their services during emergencies and thus are exempt from this policy. Some employees who work in General Services and Parks and Recreation also report to work on a regular schedule or as instructed by their supervisor, unless their supervisor instructs them not to report. Employees who are assigned to emergency response teams shall report as instructed or scheduled if triggering events occur such as the opening of shelters. Please reference the Emergency Response and Sheltering Policy, Chapter 7, Article III of the County Policy Manual. No other employees are expected to report to work unless they are instructed to do so by their supervisor. Employees Who Do Not Report to Work When County Facilities Are Closed When an employee has been notified to report to work during an emergency situation, reporting is mandatory unless the absence has prior approval by his/her supervisor or department director. Those employees refusing to report to work will be subject to disciplinary action up to and including termination. Please reference the Emergency Response and Sheltering Policy, Chapter 7, Article III of the County Policy Manual for a listing of exemptions from any or all emergency response duty. Section 2.4 (Adopted February 19, 2015) Compensation When County Facilities Are Closed During Emergency or Unexpected Conditions Employees in temporary and on call positions will be paid only for hours actually worked. Employees in regular part-time (those regularly scheduled for 20-29 hours per week) and full- time positions who are not required to report to work will not be charged leave for the time the County facility or facilities are closed, and will be paid for the number of hours they were scheduled to work. Employees who are on approved sick, annual leave or compensatory leave will not be charged leave for the time the facility they would have reported to is unexpectedly closed. Non-exempt employees who are required to work when a County facility or facilities are unexpectedly closed will receive time and one half rate for the day/time of the closure. Time and one half rate will apply for those hours regardless of other leave/holiday hours taken or hours scheduled during the week. 23 Exempt employees who are required to work when a County facility or facilities are unexpectedly closed will receive compensatory time off equal to the hours worked to be taken at another time. Any compensatory time earned by an exempt employee required to work when a County facility or facilities are unexpectedly closed shall be used within 90 days and should be utilized prior to any other types of paid leave. If not utilized within 90 days, the compensatory leave is not available for utilization or payment. Section 2.5 (Adopted February 19, 2015) Decisions Regarding Closings The County Administrator or his/her designee shall decide what the County position on closing or delayed opening shall be after conferring with the applicable staff. The County Administrator or his/her designee, in consultation with the affected Department Director, shall decide whether to close or delay opening an individual County facility in cases where conditions such as loss of power affect one or a limited number of sites. Section 2.6 (Adopted February 19, 2015) Notifications Of Closings All Day Closings/Delayed Openings If it is determined that, due to severe weather conditions, offices should be closed or operating hours should be adjusted, the media listed below will be notified so that public announcements may be made. In addition, a message shall be recorded on the voice mail line and notification will be sent via the IWAlert system. The Inclement Weather Hotline, (757) 365-6304, is the most reliable source for accessing information about closings, delayed openings, or adjusting hours of operation due to severe weather conditions. Employees may receive instructions concerning reporting to work from the following media sources: TV: CBS – Channel 3 WTKR NBC – Channel 10 WAVY ABC – Channel 13 WVEC Mobile/Other: IWAlert System The delayed opening time is intended to allow employees sufficient time to travel safely to work and to permit time for snow removal operations. For the safety of employees, employees shall 24 not report prior to the delayed opening time, unless instructed by their supervisor to do so in order to carry out an essential function related to the emergency conditions. Early Closings The announced early closing time is the earliest time at which an employee may leave work without being charged leave. It is intended to allow employees sufficient time to travel home safely. Employees who stay at work later than the early closing time shall not receive additional pay or time off. Section 2.7 The provisions of this Chapter 7, Article II shall be effective as of February 16, 2015. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, provided an update on some of the more critical legislative issues under consideration by the members of the General Assembly. County Administrator Seward highlighted the following information items contained in the agenda: Monthly Reports/Tax Levies & Collections as of January 2015, Cash Position and Statement of Treasurer’s Accountability; Fire and Rescue Activity Report; Sheriff’s Activity Report; IT Website Statistics; Litter Pickup Schedule; Quarterly Financial Report Detail from January 22, 2015 Meeting; and, a reception for the Chief of Emergency Services. NEW BUSINESS Supervisor Casteen shared a request from a citizen seeking relief from the County and the Town of Smithfield for a reduced boat tax and he recommended waiting until the Town responds to this request before the County considered it. 25 County Administrator Seward shared with the Board that the County already provides some relief in that it has a much lower rate for larger boats over five tons. In an attempt to have a signed Facilities Use Agreement with all seven of the County’s volunteer fire and rescue organizations, Supervisor Darden recommended that the Chief of Emergency Services work with the Carrollton and Windsor volunteer fire departments and moved to request that the Carrollton and Windsor Volunteer Fire Departments sign the existing Facilities Use Agreement, their funding will immediately be restored by the County and their contract term will expire on September 30, 2015. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen recommended that the results of the analysis on the Norfolk Water Agreement be shared with the public. Supervisor Darden commented that she would like 30 days to review any document prepared by the County Attorney so that she knows exactly what she is voting on, Supervisor Casteen moved that the County Attorney disclose to anyone his legal opinions on the Norfolk Water Agreement. The motion was defeated by a vote of (3-2) with Supervisors Alphin, Darden and Jefferson voting against the motion and Supervisors Bailey and Casteen voting in favor of the motion. // At 9:30 p.m., the Chairman declared the meeting adjourned. __________________________ Rex W. Alphin, Chairman ______________________________ Carey Mills Storm, Clerk ISSUE: Regional Reports BACKGROUND: The Board of Supervisors has previously directed that an opportunity be provided for monthly status briefings from Board members who serve as representatives to the various regional committees and authorities on behalf of the County. RECOMMENDATION: Receive an oral report. ATTACHMENT: Listing of regional committees/authorities and Board representation OrganizationMemberTerm Expires Hampton Roads Economic Development AllianceChairmanNo Set Term Hampton Roads Military Federal FacilitiesDardenNo Set Term Alliance Hampton Roads Planning District CommissionDardenNo Set Term Hampton Roads Transportation AccountabilityChairmanNo Set Term Commission Hampton Roads TransportationDardenNo Set Term Planning OrganizationAlternateNo Set Term Southeastern Public Service AuthoritySewardDecember 2017 Popovich/Alternate December 2017 Western Tidewater Regional Jail AuthorityAlphinNo Set Term JeffersonNo Set Term Seward/AlternateNo Set Term Western Tidewater Water AuthorityDardenJune 2014 CasteenJune 2014 SewardJune 2014 Popovich/Alternate June 2014 Regional Reports - P3 (Appointed by Board Vote) BOARD MEMBER REGIONAL REPRESENTATIVE Terms for Regional Organizations HREDAAnnual/Chairman Serves HRMFFAAnnual Appointment HRPDC No Set Term (per AFS) HRTAC Chairman Serves/No Set Term HRTPO Need Alternate Appointed (they have JoAnn Hall)/No Set Term SPSA Four-Year Term Four-Year Term WTRJA No Set Term Evelyn/WTRJA @ 539-3119 WTWA Four-Year Term Frank Ziesemer/City of Suffolk @ 514-7024 Bo a r d s / C o m m i s s i o n s / C o m m i t t e e s Na m e D i s t r i c t Bl a c k w a t e r Re g i o n a l Li b r a r y Bo a r d M a r i o n Ne i g h b o r s A t ‐La r g e Me m b e r J u n e 2 0 1 5 Bo a r d of Bu i l d i n g Ap p e a l s E l a i n e Bu t l e r C a r r s v i l l e J u l y 2 0 1 5 Bo a r d of Bu i l d i n g Ap p e a l s M i c h e l l e Jo n e s H a r d y M a r c h 2 0 1 5 Bo a r d of Eq u a l i z a t i o n R e c o m m e n d a t i o n to Ju d g e C a r r s v i l l e J u n e 2 0 1 6 Bo a r d of Eq u a l i z a t i o n R e c o m m e n d a t i o n to Ju d g e H a r d y J u n e 2 0 1 6 Bo a r d of Eq u a l i z a t i o n R e c o m m e n d a t i o n to Ju d g e W i n d s o r J u n e 2 0 1 6 Bo a r d of Zo n i n g Ap p e a l s C h r i s t y Le i t n e r / R E S I G N E D C a r r s v i l l e M a y 2 0 1 8 Bo a r d of Zo n i n g Ap p e a l s E d Ea s t e r / R E S I G N E D N e w p o r t F e b r u a r y 2 0 1 8 Bo a r d of Zo n i n g Ap p e a l s G l y n Th o m a s Wi l l i s W i n d s o r M a y 2 0 1 5 Pa u l D. Ca m p Co m m u n i t y Co l l e g e P a t r i c i a So w e l l J u n e 2 0 1 4 Co m m i s s i o n on Ag i n g T h e l m a Wh i t e / R E S I G N E D C a r r s v i l l e J a n u a r y 2015 Co m m i s s i o n on Ag i n g D e b r a L. Fr a n k / R E S I G N E D S m i t h f i e l d J a n u a r y 2 0 1 5 Co m m i s s i o n on Ag i n g C a r e y Wh i t l e y / R E S I G N E D S m i t h f i e l d O c t o b e r 2 0 1 5 Ec o n o m i c De v e l o p m e n t Au t h o r i t y R i c h a r d J. Ho l l a n d A p r i l 2 0 1 5 Se n i o r Se r v i c e s of So u t h e a s t e r n Vi r g i n i a J o s e p h Sp r a t l e y , Jr . F e b r u a r y 2 0 1 5 So u t h e a s t e r n Ti d e w a t e r Op p o r t u n i t y Pr o j e c t H a z e l Ed w a r d s M a r c h 2 0 1 5 Ti d e w a t e r Em e r g e n c y Me d i c a l Se r v i c e s Co u n c i l , In c . C h r i s Sm i t h J a n u a r y 2 0 1 5 Vi r g i n i a Al c o h o l Sa f e t y Ac t i o n Pr o g r a m (S o u t h e a s t e r n ) K e l l y Sa u b e r / R E S I G N E D I O W Re p r e s e n t a t i v e M a y 2 0 1 4 We s t e r n Ti d e w a t e r Di s a b i l i t y Se r v i c e s Bo a r d M i t c h e l l Hu n t e r / R E S I G N E D C o m m u n i t y Re p . Te r m Expires Bo a r d s / C o m m i s s i o n s / C o m m i t t e e s (A p p o i n t e d by Bo a r d Vo t e ) We s t e r n Ti d e w a t e r Di s a b i l i t y Se r v i c e s Bo a r d L e w i s Ra w l s , Jr . B u s i n e s s Re p . A u g u s t 2 0 0 1 We t l a n d s Bo a r d D a v i d Mo o s e H a r d y J u n e 2 0 1 5 Bo a r d s / C o m m i s s i o n s / C o m m i t t e e s (A p p o i n t e d by Bo a r d Vo t e ) September 18, 2014/fah/WTWA presentation ISSUE: Special Presentation - History of Western Tidewater Water Authority Water Purchase Agreements BACKGROUND: Isle of Wight County and the City of Suffolk entered into an agreement to create the Western Tidewater Water Authority (WTWA) in 1997 to provide the County raw water capacity. The WTWA entered into an agreement with the City of Norfolk in 2006 to increase the raw water capacity to the WTWA. Chris Pomeroy, President, AquaLaw PLC and Counsel for the WTWA will provide a presentation to give the Board the history and background of the agreements. Al Moor, Director of Public Utilities for the City of Suffolk, will also provide background information relative to the water agreement. BUDGET IMPACT: None RECOMMENDATIONS: For the Board’s information. ATTACHMENT: None ISSUE: Resolution – Designating the Week of April 12-18, 2015 as Public Safety Telecommunicators Week BACKGROUND: Each year, a week during the month of April is designated as Public Safety Telecommunicators Week throughout the nation and in Isle of Wight County in recognition of the important work performed by professional telecommunicators. This year, April 12-18, 2015 is designated as Public Safety Telecommunicators Week. RECOMMENDATION: Adopt a resolution to designate April 12-18, 2015 as Public Safety Telecommunicators Week in Isle of Wight County. ATTACHMENTS: Resolution RESOLUTION TO DESIGNATE THE WEEK OF APRIL 12-18, 2015 AS PUBLIC SAFETY TELECOMMUNICATORS WEEK WHEREAS, professional telecommunicators perform a critical function when an emergency occurs requiring police, fire, or ambulance as well as those related to forestry and conservation operations, highway safety and maintenance activities; and, WHEREAS, thousands of dedicated telecommunicators daily serve the citizens of the United States by answering their calls for police, fire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, professional telecommunicators are critical to our county’s emergency response and homeland security services, dispatching law enforcement, firefighters, emergency medical services, and other emergency responders 24 hours a day, seven days a week; and, WHEREAS, professional telecommunicators are not visible as the men and women who arrive on the scene of emergencies, but provide the vital link to public safety services as part of the first responder team. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors designates the week of April 12 – 18, 2015 as Public Safety Telecommunicators Week in Isle of Wight County in honor and recognition of Telecommunicators and the vital contributions they make to the safety and well- being of citizens. Adopted this 16th day of April, 2015. Rex Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: _________________________________ Mark C. Popovich, County Attorney ISSUE: Resolution – Recognition of National Public Service Recognition Week and the Service of the Employees of Isle of Wight County BACKGROUND: Each year, a week during the month of May is designated as National Public Service Recognition Week throughout the nation and in Isle of Wight County. This year, May 4-8, 2015 is designated as National Public Service Recognition Week. The employees of Isle of Wight County deliver outstanding public service day in and day out and during the week of May 4-8, 2015, the County will be honoring the public service of its employees through a variety of recognition activities. RECOMMENDATION: Adopt a resolution to designate May 4-8, 2015 as National Public Service Recognition Week in Isle of Wight County. ATTACHMENTS: Resolution RESOLUTION RECOGNIZING NATIONAL PUBLIC SERVICE RECOGNITION WEEK AND THE SERVICE OF THE EMPLOYEES OF ISLE OF WIGHT COUNTY WHEREAS, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation moving; and, WHEREAS, many public servants, including law enforcement personnel, firefighters, emergency medical personnel, and others, risk their lives each day in service to the people of the nation, state, county and city levels; and, WHEREAS, the Board of Supervisors recognizes the outstanding public service delivered by the employees of Isle of Wight County day in and day out providing diverse services with efficiency, integrity, and continuity which would be impossible in a democracy that regularly changes its leaders and elected officials. NOW, THEREFORE, BE IT RESOLVED that Isle of Wight County recognizes National Public Service Recognition Week May 4-8, 2015, honoring the millions of public employees at the federal, state, county, and city levels, in particular, the valuable, dedicated employees serving Isle of Wight County. Adopted this 16th day of April, 2015. Rex W. Alphin, Chairman _________________________________ Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark C. Popovich, County Attorney ISSUE: Resolution – Designating April 12-18, 2015 as Volunteer Appreciation Week BACKGROUND: Each year, a week during the month of April is designated as National Volunteer Appreciation Week throughout the nation and in Isle of Wight County. This year, April 12 - 18, 2015 has been designated as Volunteer Appreciation Week. The County’s Events Committee will be hanging banners throughout the County and developing advertisements recognizing the contributions of local volunteers. Additionally, information will be provided on the County’s website and PEG channel. RECOMMENDATION: Adopt a resolution to designate April 12 - 18, 2015 as Volunteer Appreciation Week in Isle of Wight County. ATTACHMENTS: - Resolution RESOLUTION TO DESIGNATE APRIL 12 – 18, 2015 AS VOLUNTEER APPRECIATION WEEK WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing challenges and fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers serving the County of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 12- 18, 2015 be designated as Volunteer Appreciation Week. Adopted this 16th day of April, 2015. Rex W. Alphin, Chairman Carey Mill Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney Public Hearing, Proposed Operating & Capital Budget, Ord., Res., April 16, 2015, CBM ISSUE: Public Hearing on the Proposed Operating and Capital Budget for Fiscal Year 2015-2016 and Related Ordinances and Resolutions and Motion to Schedule a Special Meeting on May 1, 2015 BACKGROUND: In accordance with State Code Section 15.2-2506, the Board of Supervisors is required to hold a public hearing to receive public comment regarding the proposed operating and capital budget and related ordinances and resolutions. The public hearing has been properly advertised. BUDGETARY IMPACT: None RECOMMENDATION: Conduct a Public Hearing. Adopt a Motion to schedule a Special Meeting on May 1, 2015 to adopt the FY 2015-2016 Operating & Capital Budget ATTACHMENTS: - Public Hearing Advertisement - An Ordinance Approving the County Budget and Appropriating Funds for Expenditures Contemplated During the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016, and Regulating the Payment of Money Out of the County Treasury - An Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal Year July 1, 2015 Through June 30, 2016 - An Ordinance to Amend and Reenact Chapter 10, Licenses, Article II. License Tax Schedule, Sections 10-15, 10-20, 10-26, 10-27, 10-32 of the Isle of Wight County Code Public Hearing, Proposed Operating & Capital Budget, Ord., Res., April 16, 2015, CBM - An Ordinance to Amend and Reenact Sections 15-5.2 – Transient Occupancy Tax of the Isle of Wight County Code - Resolution to Approve the Position Classification and Compensation Plan and Employee Health Insurance Plan Offerings for Fiscal Year 2015-2016 - Resolution – Member Contributions By Salary Reduction for Counties, Cities, Towns, and Other Political Subdivisions (In Accordance with Chapter 822 of the 2012 Acts of Assembly (SB497)) - Resolution – Employer Contribution Rates for Counties, Cities, and Towns, School Divisions and Other Political Subdivisions (In accordance with the 2014 Appropriation Act Item 467 (I)) IOW Board of Supervisors April 16, 2015 KEH STAFF REPORT ISSUE: Public Hearing on a Ordinance to Amend and Reenact the Isle of Wight County Code, Appendix B-1, Chesapeake Bay Preservation Area Ordinance BACKGROUND: State-level changes to the Chesapeake Bay program have resulted in the need to amend the local Chesapeake Bay ordinance to come into compliance with these changes. Specifically, program oversight has moved from the Virginia Department of Conservation and Recreation (DCR) to the Virginia Department of Environmental Quality (DEQ). Also, the Chesapeake Bay program has been incorporated under the umbrella of the state stormwater management program. State-level action by the Virginia General Assembly also brought changes to the Septic Pump-Out Program, which is a component of the Chesapeake Bay Preservation Area Ordinance. RECOMMENDATION: At its March 31, 2015 meeting, the Planning Commission recommended approval of these technical amendments, as presented, by a vote of 9-0. Staff also recommends approval. ATTACHMENTS: - Ordinance - Planning Commission Staff Report and attachments - Redlined copy of the CBPAO Page 1 An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B-1, Chesapeake Bay Preservation Area Ordinance: Article 1, Title, Purpose, and Authority; Article 2, Definitions; Article 3, Areas of Applicability, Delineations of Boundaries, and Exemptions; Article 4, Performance Standards and Development Criteria; Article 5, Administrative Procedures and Enforcement; Article 6, Septic Pump-Out Program; in order to make revisions to comply with state code. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern water quality in the Chesapeake Bay region of Isle of Wight County; and WHEREAS, the authority under state code for operating the Chesapeake Bay program has been moved to the state stormwater management program; and WHEREAS, the oversight authority under the state code for operating the Chesapeake Bay program has been moved from the state Department of Conservation and Recreation to the state Department of Environmental Quality; and WHEREAS, the Isle of Wight County Board of Supervisors needs to maintain the local Chesapeake Bay program in conformity with state code, NOW, THEREFORE BE IT ORDAINED, by the Isle of Wight County Board of Supervisors that Appendix B-1, Chesapeake Bay Preservation Area Ordinance, Article 1, Title, Purpose, and Authority, Section 1002, Purpose and Intent, Section 1003, Relationship to Referenced Laws, Other County Ordinances and Guidance Documents; Article 2, Definitions, Section 2002, Definitions; Article 3, Areas of Applicability, Delineations of Boundaries, and Exemptions, Section 3002, Exemptions; Article 4, Performance Standards and Development Criteria, Section 4000, General Performance Standards, Section 4001, Development Criteria for Resource Protection Areas, Section 4002, Performance Standards in Resource Protection Areas, Section 4003, Water Quality Impact Assessment; Article 5, Administrative Procedures and Enforcement, Section 5000, Plan of Development Process, Section 5001, Nonconforming Uses and Nonconforming Structures, Page 2 Section 5002, Exceptions; Article 6, Septic Pump-Out Program, Section 6001, Authority, Section 6004, Applicability, Section 6006, Definitions, Section 6007, Administration, requirements of the Isle of Wight County Code be amended and reenacted as follows: Sec. 1002. - Purpose and Intent. This ordinance is enacted to implement the requirements of Section 62.1- 44.15:67 et seq., of the Code of Virginia, the Chesapeake Bay Preservation Act, and amends Appendix B-1 of the Isle of Wight County Code, known also as the Chesapeake Bay Preservation Area Ordinance. The purpose and intent of this ordinance is to: a. Protect existing high quality state waters; b. Restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of aquatic life, which might reasonably be expected to inhabit them; c. Safeguard the clear waters of the Commonwealth from pollution; d. Prevent any increase in pollution; e. Promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of Isle of Wight County. (8-21-06.) Sec. 1003. - Relationship to Referenced laws, Other County Ordinances and Guidance Documents. (a) The requirements of this ordinance supplement the county's land development ordinances, including existing zoning and subdivision ordinances and regulations. It imposes specific regulations for development and other land uses within the Isle of Wight County preservation area. In the event of inconsistency between the provisions of this ordinance and the provisions established in other applicable ordinances, the more restrictive or stringent provisions shall apply. (b) Permitted uses, special permit uses, accessory uses and special requirements shall be as established by the zoning ordinance and the underlying zoning district, unless specifically modified by the requirements of this ordinance. (c) Lot size shall also comply with requirements of the underlying zoning district in the zoning ordinance, provided that all lots shall have sufficient area outside the Resource Protection Area to accommodate an intended development, in Page 3 accordance with the performance standards in section 4002, when such development is not otherwise allowed in the Resource Protection Area. (d) References in this ordinance to any law statute, ordinance, rule or regulation in force on the date of adoption of this ordinance shall include any subsequent amendments or revisions. (e) Guidance documents prepared by the Virginia Department of Environmental Quality shall be used as references in the administration and interpretation of this ordinance. Where there appears to be a conflict between this ordinance and the guidance documents, the ordinance shall take precedence. (8-21-06.) Sec. 2002. - Definitions. The following words and terms used in these regulations shall have the following meanings, unless the context clearly indicates otherwise. a. Act …. means the Chesapeake Bay Preservation Act, Article 2.5 (Section 62.1- 44.15.67 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. b. Agricultural lands ..... mean those lands used for the tilling of the soil; the growing of crops or plant growth of any kind in the open, including forestry; pasturage; horticulture; dairying; floriculture; or raising of poultry and/or livestock. c. Best Management Practices (BMP's) ..... means a practice, or combination of practices, that are defined by a state agency or the Hampton Roads Planning District Commission guidelines to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals. d. Buffer area ..... means an area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances. e. Chesapeake Bay Preservation Area (CBPA) ..... means any land designated by the Board of Supervisors pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9VAC25-830-70 et seq., and Section 62.1-44.15:72 of the Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource Protection Area and a Resource Management Area. Page 4 f. Construction footprint ..... means the area of all impervious surfaces, including but not limited to buildings, roads and drives, parking areas, sidewalks and the area necessary for construction of such improvements. g. Development ..... means the construction, or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures. This shall include any construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination of these activities, including the subdivision of land. h. Diameter at breast height (DBH) ..... means the diameter of a tree measured outside the bark at a point four and one-half (4.5) feet above the ground. i. Dripline ..... means a vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. j. Erosion and Sediment Control Law …. means Article 2.4 (Section 62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. k. Impervious cover ..... means a surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to: roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. l. Land-disturbing permit ..... means a permit issued by the county for clearing, filling, excavating, grading or transporting, or any combination thereof. m. Limits of clearing ..... means the extent to which vegetation can be removed from a property as shown on a plan approved by the county. n. Lot coverage ..... means the impervious area of any lot or parcel including, but not limited to buildings, drives, parking areas, sidewalks, patios, decks, etc. o. Mitigation ..... means measures taken to eliminate or minimize damage to environmentally sensitive areas from land disturbing or development activities. Such measures may include, but are not limited to, avoiding the impact altogether, limiting the degree or magnitude of the action, repairing or restoring the affected environmental area, reducing the impact over time by preservation and maintenance, or replacing or providing a substitute environmental area. p. Nonpoint source pollution ..... means pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agricultural and urban land development and use. Page 5 q. Nontidal wetlands ..... mean those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act, in 33 C.F.R. 328.3b. r. Noxious weeds ..... means weeds such as Johnson grass, kudzu, and multiflora rose, including those identified by the Virginia Department of Conservation and Recreation as Invasive Alien Plant Species. s. Plan of development …. means any process for site plan review in Isle of Wight County zoning and land development regulations designed to ensure compliance with Section 62.1-44.15:74 of the Act and this chapter, prior to issuance of building permit. t. Point source pollution ..... means pollution of state waters resulting from any discernible, defined or discrete conveyances. u. Public road ..... means a publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to i) the Erosion and Sediment Control Law and ii) the Virginia Stormwater Management Act. This definition includes roads where the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed or maintained, or both, by local government in accordance with the standards of that local government. v. Redevelopment ..... means the process of developing land that is or has been previously developed. w. Resource Management Area (RMA) ..... means that component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area. x. Resource Protection Area (RPA) ..... means that component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters. y. Silvicultural activities ..... means forest management activities, including but not limited to the harvesting of timber, the construction of roads and trails for forest Page 6 management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to § 10.1-1105 of the Code of Virginia and are located on property defined as real estate devoted to forest use under § 58.1-3230 of the Code of Virginia. z. Substantial alteration ..... means expansion or modification of a building or development that would result in a disturbance of land exceeding 2,500 square feet in the Resource Management Area only. aa. Substantial work ..... means that improvements have proceeded to where vertical construction of the basic structure or walls has begun on a building or other structure or for other land improvements, that significant progress has been made towards accomplishing the approved project. ab. Tidal shore ..... or shore means land contiguous to a tidal body of water between the mean low water level and the mean high water level. ac. Tidal wetlands ..... means vegetated and nonvegetated wetlands as defined in Section 28.2-1300 of the Code of Virginia. ad. Water-dependent facility means a development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) piers, marinas, and other boat docking structures; (iv) beaches and other public water-oriented recreation areas; (v) fisheries or other marine resources facilities; and (vi) shoreline and bank stabilization projects, where deemed necessary. ae. Water body with perennial flow means a body of water that flows in a natural or manmade channel year-round during a year of normal precipitation. This includes, but is not limited to, streams, estuaries, and tidal embayments and may include drainage ditches or channels constructed in wetlands or from former natural drainageways, which convey perennial flow. Lakes and ponds, into which a perennial stream flows and perennial flow exits, are part of a perennial stream. Generally, the water table is located above the streambed for most of the year and groundwater is the primary source for stream flow. Perennial flow can be inferred by the presence of biological indicators, benthic macroinvertebrates that require water for entire life cycles, or by using an approved stream determination protocol. af. Wetlands …. means both tidal and nontidal wetlands. Page 7 ag. Zoning administrator ..... means the person designated as the official responsible for enforcing and administering all requirements of the County Zoning Ordinance, or a duly authorized designee. (8-21-06.) Sec. 3002. - Exemptions. The following uses and activities are exempt from the provisions of this ordinance provided that all of the requirements listed below are met. (a) Exemptions for public utilities, railroads, public roads, and facilities: ..... Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) and the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia), (ii) an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality, or (iii) local water quality protection criteria at least as stringent as the above state requirements are deemed to comply with this ordinance. The exemption of public roads is further conditioned on the following: 1. The road alignment and design has been optimized, consistent with all applicable requirements, to prevent or otherwise minimize the encroachment in the Resource Protection Area and to minimize the adverse effects on water quality. (b) Exemptions for local utilities and other service lines: ..... Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both, by a local government or regional service authority shall be exempt from this ordinance provided that: 1. To the degree possible, the location of such utilities and facilities should be outside Resource Protection Areas; 2. No more land shall be disturbed than is necessary to provide for the proposed utility installation; 3. All such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal Page 8 requirements and permits and designed and conducted in a manner that protects water quality; and 4. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with Isle of Wight County erosion and sediment control requirements (Chapter 6) and stormwater management requirements (Chapter 14A). (c) Exemptions for silvicultural activities: ..... Silvicultural activities are exempt from the requirements of this ordinance provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the March 2011 edition of "Virginia’s Forestry Best Management Practices for Water Quality Technical Manual, Fifth Edition." The Virginia Department of Forestry will oversee and document installation of best management practices and will monitor in-stream impacts of forestry practices in Chesapeake Bay Preservation Areas. (d) Exemptions in resource protection areas: ..... The following land disturbances in Resource Protection Areas may be exempt from this ordinance provided that they comply with the requirements listed in subsections 1. through 5. below and obtain a zoning permit from the zoning administrator: (i) water wells; (ii) passive recreation facilities such as boardwalks, walking trails, and pathways; and (iii) historic preservation and archaeological activities. 1. Any required permits, except those to which this exemption specifically applies, shall have been issued; and 2. Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; and 3. The intended use does not conflict with nearby planned or approved uses. 4. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with Isle of Wight County erosion and sediment control requirements (Chapter 6) and stormwater management requirements (Chapter 14A). 5. Boardwalks, walking trails and pathways shall not exceed five (5) feet in width and shall be paved with a permeable material. For purposes of this section, boardwalks shall consist of an elevated public pedestrian walkway constructed along a shoreline or beach. (8-21-06.) Sec. 4000. - General Performance Standards. Page 9 (a) Purpose and intent. ..... The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Keeping impervious cover to a minimum enhances rainwater infiltration and effectively reduces stormwater runoff potential. The purpose and intent of these requirements is also to implement the following objectives: 1. Prevent a net increase in nonpoint source pollution from new development; 2. Achieve a ten (10) percent reduction in nonpoint source pollution from redevelopment; and 3. Achieve a forty (40) percent reduction in nonpoint source pollution from agricultural uses. (b) General performance standards for development and redevelopment in the Chesapeake Bay Preservation Area. 1. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. a. In accordance with an approved plan of development, the limits of clearing or grading shall be strictly defined by the construction footprint. The zoning administrator shall review and approve the construction footprint through the plan of development process. These limits shall be clearly shown on submitted plans and physically marked in the development site. b. Ingress and egress during construction shall be limited to one (1) access point, unless otherwise approved by the zoning administrator. 2. Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook. a. Existing trees over eight (8) inches diameter at breast height (DBH) shall be preserved outside the approved construction footprint in accordance with the same standards established in subsection 4002(b)1. Page 10 b. Site clearing for construction activities shall be allowed as approved by the zoning administrator through the plan of development review process outlined under section 5000 of this ordinance. c. Prior to clearing and grading, suitable protective barriers, like safety fencing, shall be erected five (5) feet outside the dripline of any tree or stand of trees to be preserved. Protective barriers shall remain throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 3. Development on slopes greater than fifteen (15) percent shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability. 4. Land development shall minimize impervious cover consistent with the proposed use or development. Impervious coverage on any lot or parcel shall be limited to the lot coverage permitted under the zoning district requirements of said lot or parcel, but in no case shall exceed sixty (60) percent of the total site. 5. Notwithstanding any other provisions of this ordinance or exceptions or exemptions thereto, any land disturbing activity exceeding two thousand five hundred (2,500) square feet, including construction of all single-family houses, septic tanks and drainfields, but otherwise as defined in Section 62.1-44.15:51 of the Code of Virginia, shall comply with the requirements of the Erosion and Sediment Control Ordinance, Chapter 6 of the County Code. Enforcement for noncompliance with the erosion and sediment control requirements referenced in this criterion shall be conducted under the provisions of the Erosion and Sediment Control Law and attendant regulations. 6. All development and redevelopment within RMAs and RPAs that exceeds two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of Section 5000 of this ordinance; or a subdivision plan in accordance with the Subdivision Ordinance; or a Water Quality Impact Assessment in accordance with section 4003 of this ordinance. 7. All on-site sewage disposal systems not requiring a Virginia Pollution Discharge Elimination System (VPDES) permit shall be pumped out at least once every five (5) years. As an alternative to the pump-out every five (5) years, there shall be the option of having a septic effluent filter installed and Page 11 maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Such a filter should satisfy standards established in the Sewage Handling and Disposal Regulations (12 VAC 5- 610) administered by the Department of Health. Furthermore, in lieu of requiring proof of septic tank pump-out every five (5) years, there shall be the option to submit documentation every five (5) years, certified by an operator or on-site soil evaluator licensed or certified under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain or design on-site sewage systems, that the septic system has been inspected, is functioning properly, and that the tank does not need to have the effluent pumped out. 8. A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the Isle of Wight County Health Code. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, when a reserve sewage disposal site is not available, as determined by the local health department. Building or the construction of any impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the state water control board, until the structure is served by public sewer. 9. For any use or development exceeding 2500 square feet of development within Isle of Wight County’s Chesapeake Bay Preservation Area, stormwater runoff shall be controlled by the use of best management practices consistent with requirements of Section 9VAC25-870-51 and 9VAC25-870-103 of the Virginia Stormwater Management Regulations and Chapter 14A of Isle of Wight County’s Stormwater Management Ordinance. 10. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the zoning administrator, in accordance with Section 5000, of this ordinance. 11. Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessments shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this ordinance. (8-21-06; 5-15-08; 3-20-14.) Page 12 Sec. 4001. - Development Criteria for Resource Protection Areas. a. Land development in resource protection areas may be allowed in accordance with other county ordinances only when permitted by the zoning administrator and if it: i. Is water-dependent; or ii. Constitutes redevelopment; iii. Is a new use subject to the provisions of subsection 4002(b)2. of this ordinance; iv. Is a road or driveway crossing satisfying the conditions set forth in subsection 4001.a.3. below; or v. Is a flood control or stormwater management facility that drains or treats water from multiple development projects or from a significant portion of a watershed provided such facilities are allowed and constructed in accordance with the Virginia Stormwater Management Act and its attendant regulations, and provided that i) the local government has conclusively established that the location of the facility within the resource protection area is the optimum location; ii) the size of the facility is the minimum necessary to provide for flood control, stormwater management, or both; iii) the facility must be consistent with a stormwater management program that has been approved by the board as a phase 1 modification to the local government's program; iv) all applicable permits for construction in state or federal waters must be obtained from the appropriate state or federal agencies; v) approval must be received from the local government prior to construction; and vi) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this subsection to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area. 1. A new or expanded water-dependent facility may be allowed provided that the following criteria are met: a. It does not conflict with the comprehensive plan; b. It complies with the performance criteria set forth in sections 4001 and 4002 of this ordinance; c. Any non-water-dependent component is located outside of the RPA; and Page 13 d. Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided. 2. Redevelopment on isolated redevelopment sites shall be permitted only if there is not an increase in the amount of impervious cover, and no further encroachment occurs within the RPA, and it shall conform to applicable erosion and sediment control requirements of Chapter 6 of the County Code and the stormwater management requirements of Chapter 14A of the County Code. For purposes of this section, in redeveloping a site, the encroachment of a proposed building or structure shall be based on the location of existing buildings or structures, or the locations of legally established historical buildings or structures, or parking and other impervious cover located on the site. 3. Roads and driveways not exempt under section 3002 and which, therefore, must comply with the provisions of this ordinance, may be constructed in or across RPAs if each of the following conditions are met: a. The zoning administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA; b. The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality; c. The design and construction of the road or driveway satisfies all applicable criteria of this ordinance; d. The zoning administrator reviews the plan for the road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under section 5000 or subdivision plan. b. A water quality impact assessment as outlined in section 4003 of this ordinance shall be required for any proposed land disturbance, development or redevelopment within resource protection areas. (8-21-06; Ord. No. 2012-12-C, 10-18-12.) Sec. 4002. - Performance Standards in Resource Protection Areas. Page 14 (a) Purpose and intent. ..... To minimize the adverse effects of human activities on the other components of Resource Protection Areas (RPA), state waters, and aquatic life, a one hundred-foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body with perennial flow. The one hundred-foot full buffer area shall be designated as the landward component of the Resource Protection Area, in accordance with section 3000 and section 5000 of this ordinance. Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in section 4001 and this section, the one hundred-foot buffer area is not reduced in width. The one hundred-foot buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (40) percent reduction of nutrients. (b) General performance standards for development and redevelopment. 1. Permitted modifications to the buffer area. Note: Please refer to the Riparian Buffer Guidance Manual prepared by the Virginia Chesapeake Bay Local Assistance Board for additional information and guidance on the modifications to the buffer area permitted below. a. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the zoning administrator who may require a plan of development in accordance with section 5000, to provide for reasonable sight lines, access paths, and general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: i. Trees may be pruned or removed as necessary to provide for reasonable sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. ii. Any path shall be constructed and surfaced so as to effectively control erosion. iii. Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu and multiflora rose) may be removed and Page 15 thinning of trees allowed as permitted by the zoning administrator pursuant to sound horticultural practices. iv. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. 2. Permitted encroachments into the buffer area. a. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the board of supervisors may consider an exception in accordance with section 5002 of this ordinance that permits an encroachment into the buffer area in accordance with section 5000 and the following criteria: i. Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; ii. Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and iii. The encroachment may not extend into the seaward fifty (50) feet of the buffer area. b. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989, and March 1, 2002, the board of supervisors may consider an exception in accordance with Section 5002 of this ordinance that permits an encroachment into the buffer area in accordance with Section 5000 and the following criteria: i. The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations; ii. Conditions or mitigation measures imposed through a previously approved exception shall be met; iii. If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated at the expense of the owner to determine if it continues to function effectively and, if necessary, the Page 16 BMP shall be reestablished or repaired and maintained as required; and iv. The criteria in subsection 2.a. above for lots recorded prior to October 1, 1989 shall be met. 3. Establishment of the required buffer. a. Where a buffer has been reduced or does not exist, a landscaping plan pursuant to subsection 5000(c) shall be submitted and approved prior to issuance of any zoning or building permit. The landscaping plan shall be implemented in full or surety provided to the county pursuant to subsection 5000(f)2. prior to issuance of a certificate of occupancy. b. In determining and approving an appropriate buffer, the zoning administrator shall take into consideration adequate space around existing structures and other factors unique to the site. c. In determining the need for establishing the required buffer, staff may rely on the latest aerial photographs, actual site visits, and other appropriate resources available. d. This subsection shall not apply to the conversion from agricultural or silvicultural uses, which shall be governed by subsection 4002(b)5. 4. On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds from invading the buffer area Agricultural activities may encroach into the buffer area as follows: a. Agricultural activities may encroach into the landward fifty (50) feet of the one hundred-foot wide buffer area when at least one (1) agricultural best management practice, which, in the opinion of the Peanut Soil and Water Conservation District, addresses the more predominant water quality issue on the adjacent land — erosion control or nutrient management — is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one hundred-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Page 17 Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. b. Agricultural activities may encroach within the landward seventy-five (75) feet of the one hundred-foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T", as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U. S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the one hundred- foot wide buffer area. c. The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural land has in place at least one (1) best management practice as considered by the Peanut Soil and Water Conservation District to address the more predominant water quality issue on the adjacent land — either erosion control or nutrient management. d. If specific problems are identified pertaining to agricultural activities which are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the zoning administrator, in cooperation with soil and water conservation district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal conditions so that the probability for successfully implementing the corrective measures is greatest. e. In cases where the landowner or his agent or operator has refused assistance from the soils and water conservation district in complying with or documenting compliance with the agricultural requirements of this ordinance, the district shall report the noncompliance to the zoning administrator. The zoning administrator shall require the landowner to Page 18 correct the problems within a specified period of time not to exceed eighteen (18) months from the initial notification of the deficiencies to the landowner. The zoning administrator, in cooperation with the district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal conditions so that the probability for successfully implementing the corrective measures is greatest. 3. When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full one hundred-foot wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established. 4. Prior to any land disturbing activities or any development of a lot or parcel, a permanent sign shall be installed by the owner or developer identifying the landward limits of the RPA. Such signs shall conform to general guidelines established by the zoning administrator and approved by the board of supervisors as to size, design, color, material, location and content and shall be installed and maintained at the expense of the owner or developer in accordance with those guidelines. Signs may be obtained from the county, at cost, or may be provided by the developer. (8-21-06.) Sec. 4003. - Water Quality Impact Assessment. a. Purpose and intent. ..... The purpose of the water quality impact assessment is to: i) identify the impacts of proposed land disturbance, development or redevelopment on water quality and lands in RPAs and other environmentally sensitive lands; ii) ensure that, where land disturbance, development or redevelopment does take place within RPAs and other sensitive lands, it will occur on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands; iii) protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high groundwater, erosion, or vulnerability to flood and storm damage; iv) provide for administrative relief from terms of this ordinance when warranted and in accordance with the requirements contained herein; and v) specify mitigation which will address water quality protection. b. Applicability. ..... A water quality impact assessment shall be required for any development or rezoning in the Chesapeake Bay Preservation Area which: Page 19 i. Will disturb any portion of the one-hundred-foot buffer area of an RPA, or any component identified in subsection 3000(b)1.; ii. Contains ten (10) acres or more for any use, other than development of single-family detached residential lots; iii. Contains twenty-five (25) acres or more for the development of single- family detached residential lots; or iv. Any other development that may warrant such assessment due to unique characteristics of the site or intensity of the proposed use or development, as may be required by the zoning administrator. c. Contents of the impact assessment. ..... The information required below shall be considered a minimum, unless the zoning administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land: 1. A site plan, which shall at minimum, contain the following: a. Location of the components of the resource protection area, including the one-hundred-foot buffer area delineated in accordance with section 3001; b. Location and nature of the proposed encroachment into the buffer area, including type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites; c. Type and location of proposed best management practices to mitigate the proposed encroachment; d. Location of existing vegetation on site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification; e. Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control. 2. A hydrogeological element that: a. Describes the existing topography, soils, and hydrology of the site and adjacent lands. b. Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands. c. Indicates the following: Page 20 i. Disturbance or removal of wetlands and justification for such action; ii. Disruptions or reductions in the supply of water to wetland, streams, lakes, rivers, or other water bodies; iii. Disruptions to existing hydrology including wetland and stream circulation patterns; iv. Source location of description of proposed fill material; v. Location of dredging and location of dumping area for such dredged material; vi. Estimation of pre- and post-development pollutant loads in runoff; vii. Estimation of percent increase in impervious surface on site, type(s) of surfacing material used; viii. Percent of site to be cleared for project; ix. Anticipated duration and phasing schedule of construction project; x. Listing of all requisite permits from all applicable agencies necessary to develop project. d. Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigative measures include: i. Additional proposed erosion and sediment control concepts beyond those normally required under subsection 4000(b)5. of this ordinance; these additional concepts may include the following: minimizing the extent of cleared area; perimeter controls; reduction of runoff velocities; measures to stabilize disturbed areas; schedule and personnel for site inspection. ii. When required, proposed stormwater management system for nonpoint source quality and quantity control in compliance with Chapter 14A of Isle of Wight County’s Stormwater Management Ordinance. 3. A vegetative element that: a. Identifies and delineates the location of all woody plant material on site, including all trees on site eight (8) inches or greater diameter at breast height or, where there are groups of trees, said stands may be outlined. b. Describes the impacts the development or use will have on the existing vegetation. Information should include: Page 21 i. General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities; ii. Clear delineation of all trees and other woody vegetation which will be removed; iii. Description of all plant species to be disturbed or removed. c. Describes the proposed measures for mitigation. Possible mitigation measures include: i. Proposed design plan and replanting schedule for trees and other woody vegetation removed for construction, including a list of proposed plants and trees to be used; ii. Demonstration that the re-vegetation plan supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control; iii. Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overload flow benefits from such vegetation; iv. Demonstration that indigenous plants are to be used to greatest extent possible. 4. In the case of a WQIA for shoreline and bank stabilization projects, the following items shall be required: a. Completion of the shoreline erosion control water quality impact assessment form, as provided by the zoning administrator and kept on file with the department of planning and zoning; b. An environmental assessment as follows: i. The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance; ii. Wetlands delineations shall be performed consistent with the procedures specified in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987," and updates as they become available; iii. The environmental assessment shall delineate the geographic extent of the resource protection area on the specific site or parcel as required under section 3001 of this ordinance; Page 22 iv. The environmental assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat; c. A landscaping plan in accordance with subsection 5000(c), except that the plans may be submitted by any qualified professional, including shoreline contractors and nursery professionals; d. A stormwater management plan in accordance with Chapter 14A of the Isle of Wight County Code, as required by state code Section 62.1- 44.15:55; e. An erosion and sediment control plan in accordance with Chapter 6 of the Isle of Wight County Code; f. Project construction plans shall be certified as complete and accurate by a professional shoreline engineer or other qualified professional, as determined by the zoning administrator, as well as a determination as to the necessity of the project. 5. For phased projects, an updated WQIA shall be provided for each phase to the county planning and zoning department demonstrating the project's compliance with the criteria of the original WQIA. An updated WQIA shall be required until all phases of the project are complete. d. Submission, review requirements, and evaluation procedure. 1. Ten (10) copies of all site drawings and other applicable information as required by subsection c. above shall be submitted to the zoning administrator for review. 2. All information required in this section shall be certified as complete and accurate by a professional engineer or certified land surveyor qualified to prepare such information. 3. Upon receipt of a water quality impact assessment, the zoning administrator will determine if review by DEQ or any other state agency is warranted. The zoning administrator will incorporate any comments received from such a review into the final report, provided that such comments are received within ninety (90) days of the request. 4. Upon receipt of a completed water quality impact assessment and receipt of all appropriate comments, the zoning administrator shall forward the information to the planning commission for consideration. For shoreline and bank stabilization projects and piers consistent with the provisions of this ordinance, the zoning administrator may grant administrative approval of the water quality impact assessment. Page 23 5. The planning commission will determine whether or not the proposed development is consistent with the spirit and intent of this ordinance and make a recommendation to the board of supervisors based upon the following criteria: a. Within any RPA, the proposed development is water-dependent or redevelopment; b. The percentage of existing wetlands disturbed by the development. The number of square feet or acres to be disturbed; c. The development will not result in significant disruption of the hydrology of the site; d. The development will not result in unnecessary destruction of plant materials on site; e. Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation; f. Proposed stormwater management concepts are adequate to control the stormwater runoff for compliance with Chapter 14A of the Isle of Wight County Code; g. Proposed re-vegetation of disturbed areas will provide optimum erosion and sediment control benefits, as well as runoff control and pollutant removal equivalent of the full one-hundred-foot undisturbed buffer area; h. The design and location of any proposed drain field will be in accordance with the requirements of section 4000. 6. The planning commission shall recommend additional mitigation where potential impacts have not been adequately addressed, subject to final approval or modification by the board of supervisors. Evaluation of mitigation measures will be made by the planning commission based on the criteria listed above and in subsection 5. 7. The planning commission shall find the proposal to be inconsistent with the purpose and intent of this ordinance when the impacts created by the proposal cannot be mitigated, subject to final approval by the board of supervisors. Evaluation of the impacts will be made by the planning commission based on the criteria listed in subsection 5. (8-21-06; Ord. No. 2012-12-C, 10-18-12.) Sec. 5000. - Plan of Development Process. Page 24 Any development, or any redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be accomplished through a plan of development process prior to any development preparation activities onsite, such as clearing or grading of the site and the issuance of any building permit, to assure compliance of all applicable requirements of this ordinance. Modifications to the required buffer may require a plan of development, as determined by the zoning administrator. (a) Required Information. ..... In addition to the requirements of County Zoning Ordinance or the requirements of the County Subdivision Ordinance, the plan of development process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the zoning administrator. The zoning administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development. The following plans or studies shall be submitted, unless otherwise provided for: 1. A plot plan or site plan in accordance with the provisions of County Zoning Ordinance or subdivision plat in accordance with the provisions of the County Subdivision Ordinance; 2. An environmental site assessment. 3. A landscaping plan; 4. A stormwater management plan in accordance with Chapter 14A of the County Code; 5. An erosion and sediment control plan in accordance with the provisions of Chapter 6 of the County Code. (b) Environmental site assessment. ..... An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval. 1. The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance. 2. Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, as may be amended. Page 25 3. The environmental site assessment shall delineate the geographic extent of the Resource Protection Area on the specific site or parcel as required under section 3001 of this ordinance; 4. The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor. This requirement may be waived by the zoning administrator when the proposed use or development will be clearly located outside of an RPA, based upon an evaluation of the zoning administrator. (c) Landscape plan. ..... A landscape plan shall be submitted in conjunction with site plan review and approval or as part of subdivision plat approval. No clearing or grading of any lot or parcel will be permitted without an approved landscape plan. Landscape plans shall be prepared and/or certified by a design professional practicing within their areas of competence as prescribed by the Code of Virginia. 1. Contents of the plan. a. The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site eight (8) inches or greater diameter at breast height (DBH) shall be shown on the landscaping plan, or where there are groups of trees, said stands may be outlined instead. The specific number of trees eight (8) inches or greater DBH to be preserved outside of the building envelope shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create the desired construction footprint shall be clearly delineated on the landscaping plan. b. Any required RPA buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this ordinance, shall be shown on the landscaping plan. c. Within the buffer area, trees and other woody vegetation to be removed for reasonable sight lines, vistas, access paths, and best management practices, as provided for in subsection 4002(b)1.a., shall be shown on the plan. Vegetation required by this ordinance to replace any existing trees within the buffer area shall be also be depicted on the landscape plan. Page 26 d. Trees and other woody vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this ordinance shall be shown on the landscape plan. e. The plan shall depict grade changes or other work adjacent to trees that would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved. f. The landscape plan will include specifications for the protection of existing trees and other vegetation during clearing, grading, and all phases of construction. g. If the proposed development is a change in use from agricultural or silvilcultural to some other use, the plan must demonstrate the re- establishment of vegetation in the buffer area. 2. Plant specifications. a. All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed according to standard planting practices and procedures. b. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen. c. Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation shall be achieved with a ratio of three (3) planted trees to each tree removed in accordance with good woodlot management. Replacement trees shall be two (2) inches DBH at the time of planting. d. Use of native or indigenous species is strongly encouraged. 3. Maintenance. a. The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this ordinance. b. In buffer areas and areas outside the construction footprint, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this ordinance. Page 27 (d) Stormwater management plan. ..... A stormwater management plan shall be submitted as part of the plan of development process required by this ordinance and in conjunction with site plan or subdivision plan approval in accordance with the provisions of Chapter 14A of the County Code. 1. For phased projects, an updated stormwater management plan shall be provided for each phase to the county planning and zoning department demonstrating the project’s stormwater management facilities are still meeting the pollutant removal standards of the original WQIA. Updated stormwater management plans shall be required until all phases of the project are complete. (e) Erosion and sediment control plan. ..... An erosion and sediment control plan shall be submitted that satisfies the requirements of this ordinance and in accordance with Chapter 6 of the County Code, in conjunction with plot plan, site plan or subdivision plan approval. (f) Final plan. ..... Final plans for property within CBPAs shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in the County Zoning Ordinance. 1. Final plans for all lands within CBPAs shall include the following additional information: a. The delineation of the Resource Protection Area boundary, including the one hundred-foot buffer component; b. Plat or plan note stating that no land disturbance is allowed in the buffer area without review and approval by the zoning administrator; c. All wetlands permits required by law; d. A maintenance agreement as deemed necessary and appropriate by the zoning administrator and/or the Stormwater Division to ensure proper maintenance of best management practices in order to continue their functions. 2. Installation and bonding requirements. a. Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant material or facilities is completed in accordance with the approved site plan. b. When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other Page 28 specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the county a form of surety satisfactory to the county attorney in an amount equal to the remaining plant materials, related materials, or installation costs of the required landscaping or facilities and/or maintenance costs for any required stormwater management facilities as determined by the zoning administrator. c. All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the county. d. After all required actions of the approved site plan have been completed, the applicant must submit a written request for final inspection. If the requirements of the approved plan have been completed to the satisfaction of the zoning administrator, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following receipt of the applicant's request for final inspection. The zoning administrator may require a certificate of substantial completion from a professional engineer or Class III B Surveyor before making a final inspection. (g) Administrative responsibility. ..... Administration of the plan of development process shall be in accordance with the County Zoning Ordinance or the County Subdivision Ordinance. The zoning administrator shall approve, approve subject to conditions, or disapprove the plans in accordance with the reviewing authorities' recommendations. The zoning administrator shall return notification of plan review results to the applicant, including recommended conditions or modifications. In the event that the results and/or recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved. (h) Denial of plan, appeal of conditions or modifications. ..... In the event the final plan or any component of the plan of development process is disapproved or recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the planning commission within sixty (60) days of the administrative decision to be appealed. The planning commission shall make a recommendation to the board of supervisors. The final decision on an appeal shall be made by the board of supervisors. In preparing to recommend to grant or deny an appeal, the planning commission must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon Page 29 adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this ordinance. If the planning commission finds that the applicant's plan does not meet the above stated criteria, they shall recommend denial of the plan. (8-21-06.) Sec. 5001. - Nonconforming Uses and Nonconforming Structures. a. The lawful use of a building or structure which existed on October 1, 1989 or which lawfully exists at the time of any amendment to the performance standards and criteria of this ordinance and which became not in compliance, may continue subject to the provisions of the county zoning ordinance and the provisions below: No change or expansion of use shall be allowed with the exception that: 1. The zoning administrator may grant a nonconforming use and/or waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures provided that: a. There will be no increase in nonpoint source pollution load; b. Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements in accordance with the provisions of Chapter 6 of the County Code and stormwater management requirements in accordance with Chapter 14A of the County Code; c. In the case of a structure that has become nonconforming due to encroachment into the RPA, the structure may be moved out of the RPA to reduce the amount of nonconformity, and a water quality impact assessment shall not be required. 2. An application for a nonconforming use and/or waiver shall be made to and upon forms furnished by the zoning administrator and shall include for the purpose of proper enforcement of this ordinance, the following information: a. Name and address of applicant and property owner; b. Legal description of the property and type of proposed use and development; c. A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the resource protection area; Page 30 d. Location and description of any existing private water supply or sewage system. 3. A nonconforming use and development waiver shall become null and void twenty-four (24) months from the date issued if no substantial work has commenced. 4. An application for the expansion of a nonconforming structure may be approved by the zoning administrator through an administrative review process provided that the following findings are made: a. The request for the waiver is the minimum necessary to afford relief; b. Granting the waiver will not confer upon the applicant any specific privileges that are denied by this ordinance to other property owners in similar situations; c. The waiver is in harmony with the purpose and intent of this ordinance and does not result in water quality degradation; d. The waiver is not based on conditions or circumstances that are self- created or self-imposed; e. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality; f. Other findings, as appropriate and required by the county are met; and g. In no case shall this provision apply to accessory structures. (8-21-06; Ord. No. 2012-12-C, 10-18-12.) Sec. 5002. - Exceptions. (a) A request for an exception to the requirements of Sections 4000 and 4002 of this ordinance or any other exception requested from the provisions of this ordinance shall be made in writing to the planning commission, who shall make a recommendation to the board of supervisors. It shall identify the impacts of the proposed exception on water quality and on lands within the Resource Protection Area through the preparation of a water quality impact assessment, which complies with the provisions of section 4003, and accompanied with a processing fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended. (b) The planning commission and board of supervisors shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with § 15.2-2204 of the Code of Virginia. Page 31 (c) The planning commission shall review the request for an exception and the water quality impact assessment and may recommend the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this ordinance. In rendering its decision, the planning commission shall not recommend in favor of the applicant unless it finds: 1. That the strict application of the ordinance would produce an undue hardship and will not confer upon the applicant any special privileges denied by this ordinance to other property owners in the CBPA areas; 2. The exception request is not based on conditions or circumstances that are self- created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels; 3. The exception request is the minimum necessary to afford relief; 4. The exception request will be in harmony with the purpose and intent of this ordinance, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and 5. Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. (d) If, after applying the criteria set forth above, the board of supervisors refuses to grant the exception, the zoning administrator shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant. (e) Any person or persons jointly or severally aggrieved by a decision of the board of supervisors may present to the circuit court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the board of supervisors. Costs shall not be allowed against the board of supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. (8-21-06; 5-1- 14.) Sec. 6001. - Authority. This program is authorized by the Commonwealth of Virginia, pursuant to 9VAC25-830-130 and Section 4000(B)(7) of the Isle of Wight County Chesapeake Bay Preservation Area Ordinance. (5-15-08.) Page 32 Sec. 6004. - Applicability. The purpose of the septic pump-out program is to encourage proper maintenance and increase the functional life of on-site septic systems through regular pump-outs at least once every five (5) years. The program applies to those properties located in the Chesapeake Bay watershed in Isle of Wight County, Virginia that are served by private, on-site sewage treatment and disposal systems. Please see special language located elsewhere in this document regarding septic systems equipped with septic tank effluent filters. A. No property owner located within the Chesapeake Bay watershed of Isle of Wight County, Virginia shall operate an on-site sewage treatment system unless such construction, installation, alteration, maintenance or operation is in compliance with all applicable sanitary regulations and this program. B. Septic tank pump-outs as prescribed in this article shall take place at least once every five (5) years, other than as noted in Item C. Furthermore, in lieu of requiring proof of septic tank pump-out every five (5) years, owners may submit documentation every five (5) years, certified by an operator or on- site soil evaluator licensed or certified under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain or design on-site sewage systems, that the septic system has been inspected, is functioning properly, and the tank does not need to have the effluent pumped out of it. C. If deemed appropriate by the local health department and subject to conditions the local health department may set, as an alternative to the mandatory pump-out, owners have the option of having a plastic filter installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. (5-15-08; 3-20-14.) Sec. 6006. - Definitions. AOSE:\ An abbreviation for "authorized on-site soil evaluator", an individual certified by the Virginia Department of Health. An AOSE is someone who has demonstrated knowledge, skills, and abilities in the practice of siting and designing on-site septic systems. An AOSE may be from the private sector or be employed by the Virginia Department of Health. Page 33 Authorized inspector:\ This may include a licensed professional engineer, an authorized on-site soil evaluator, or a person hired or contracted by the county or state to inspect on-site septic systems. Chesapeake Bay Preservation Area (CBPA):\ Any land designated by the board of supervisors pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9VAC25-830-10 et seq., and Section 62.1-44.15:72 of the Code of Virginia (1950, as amended). The Chesapeake Bay Watershed covers half of Isle of Wight County, Virginia and generally includes all parcels to the east of Route 258. A map that precisely shows the extent of the watershed is available in the department of planning and zoning. County:\ Isle of Wight County, Virginia. Malfunctioning system:\ Any septic system that is overflowing, clogged, or otherwise creating a threat to the public health, safety and general welfare, as regulated by the Virginia Department of Health. Includes any on-site system that is not performing as specified, as determined by an authorized inspector. Septic effluent filter:\ A plastic device installed on the outflow pipe from the septic tank. The device filters solid material from the effluent while sustaining adequate flow to the drainfield. The outflow filter must meet standards set by the Sewage Handling and Disposal Regulations (12 VAC 5-610-10 et seq.) administered by the Virginia Department of Health. Septic system:\ Any private on-site sewage treatment and disposal system not requiring a VPDES permit. Septic system, active:\ Any on-site septic system contained within the Chesapeake Bay Watershed that is currently in use for any affected property. Septic system, inactive:\ Any on-site septic system that has been abandoned or is no longer in service. The functional status of any given system must be documented by the Virginia Department of Health or any licensed sewage handler. Sewage handler:\ Any person, contractor or corporation allowed to operate under a permit issued by the Virginia Department of Health to pump out sewage treatment systems. Violator:\ Any person who: (1) Violates any provision of this program; or (2) 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 program. Page 34 Zoning administrator:\ The person, or authorized designee, responsible for administering and enforcing the septic pump-out program. (5-15-08.) Sec. 6007. - Administration. A. General procedures: ..... Septic systems located within the Chesapeake Bay watershed must be pumped out at least once every five (5) years, except as noted under Item F. for systems equipped with a septic tank effluent filter. Property owners are responsible for the costs of pump-outs. The zoning administrator is responsible for the general administration and enforcement of the septic pump- out program. To support the septic pump-out program, the county will create and maintain a database to document all affected septic systems and to serve as a tracking mechanism. The database will be organized according to Tax Parcel ID number. The database will contain the following information: name of property owner, mailing address, physical address, and last date of septic system pump-out. Affected property owners will be required to register their septic systems with the department of planning and zoning. This includes both existing and new septic systems. The county will notify property owners and provide the forms that need to be filled out to comply with the septic pump-out program. The department of planning and zoning will administer the program through a combination of public education, mailings, and information posted on the Isle of Wight County Internet web site. Activities to be undertaken by the county will include the following: • Notification to affected property owners. • Mailings of the program verification and compliance forms (once every five (5) years). • Other homeowner education and outreach as deemed appropriate. B. Program phase-in: ..... The septic pump-out program will be phased in over a period of five (5) years. The phasing in will be done by election district, with one (1) election district added per year. The county's five (5) election districts include the Carrsville, Hardy, Newport, Smithfield, and Windsor districts. The phase-in will start with the Smithfield Election District and then continue by alphabetical order to the Windsor Election District, Carrsville Election District, Hardy Election District, and the Newport Election District. The program starts first with the Smithfield Election District to coordinate with the Town of Smithfield, which also is implementing a septic pump-out program. The Smithfield Election Page 35 District includes the Town of Smithfield and parts of the county outside of town limits. C. Right of entry: ..... The zoning administrator, or authorized designee, shall have the right to enter property where an individual or group septic system is located for the purpose of observation, inspection, monitoring and/or sampling the septic system, its drainfield and the surrounding land area. D. Role of property owner with septic system: ..... Property owners with septic systems located within the Chesapeake Bay watershed must participate in the septic pump-out program. This includes filling out, signing and submitting forms as required by the county. Property owners are in compliance with the septic pump-out program when: 1) They have filled out, signed and submitted the septic system verification forms as required by the county; and 2) They have had septic system pump-outs as required by the county. This program will be carried out in stages, by election district, with the affected property owners notified each year by the county. In any given year, those property owners who have been notified by the county will have twenty-four (24) months from the date of notification to have pump-outs completed or to demonstrate why they are exempt from the program. Property owners who fail to provide information to the county when requested may be subject to civil penalties and/or court-ordered fines. E. Complaints and appeals: ..... Written complaints about the septic pump-out program should first be directed to the zoning administrator, who can investigate and determine whether a complaint is valid. Any person or persons who continue to feel aggrieved by this program, or any decisions made by the zoning administrator, may appeal those decisions, in writing, to the board of supervisors. Appeals to the board of supervisors must be made within thirty (30) days of the date of the written decision by the zoning administrator, or such decision shall be final. Any decision by the board of supervisors regarding the septic pump-out program may be appealed by petitioning the Circuit Court of Isle of Wight County within thirty (30) days after the final decision of the board of supervisors, or such decision shall be final. F. Septic tank effluent filters: ..... The septic pump-out program allows the installation of septic tank effluent filters on all new on-site septic systems and as a retrofit on all existing septic systems, where appropriate. The Virginia Page 36 Department of Health has advised that some types of septic treatment systems do not have septic tanks and are not designed to include septic effluent filters (some aerobic sewage treatment units, for example, are not appropriate for installation of these effluent filters). Under the septic pump-out program, if deemed appropriate by the local health department and subject to conditions the local health department may set, owners have the option, in lieu of pump-out, to install and maintain a plastic filter in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Please be aware of manufacturer specifications for effluent filters and any maintenance requirements associated with these filters. The county strongly recommends that septic tank effluent filters be installed by septic tank contractors and in accordance with standards set by the Virginia Department of Health. (5-15-08; 3-20-14.) Adopted this 16th day of April, 2015 ______________________, Chairman Board of Supervisors Rex Alphin Attest: ______________________________ Carey Mills Storm, Clerk Approved as to Form: _______________________________ Mark Popovich, County Attorney ISSUE: Staff Report – Electoral Board Request BACKGROUND: The Electoral Board recently submitted a recommendation to the Board of Supervisors for the following: Change the District boundary between the Hardy and Carrsville Districts to alleviate a split precinct in the 14th and 18th Senatorial Districts occurring in the Pons Precinct of the Hardy District by moving census block 280300-1002 from the Hardy District to the Carrsville District, adjusting the Pons and Zuni precincts as well. Change the District boundary between Windsor and Newport Districts to remove two anomalies by moving census block 28010-1028 and 28010-1030 from the Windsor District to the Newport District while also adjusting the Longview and Carrollton Precincts. The requested changes will eliminate unnecessary expenses related to the upcoming primary elections and prevent potential errors by making district lines follow recognizable terrain features. It should be noted that these changes are not significant enough to impact the majority minority make-up of the Hardy District and the number of registered voters impacted is minimal; however, all voters will be contacted directly a minimum of fifteen (15) days prior to the scheduled primary election in June. BUDGETARY IMPACT: The requested revisions will likely result in cost avoidance of at least $1200. RECOMMENDATION: Authorize a public hearing to consider the requested revisions to district boundaries as presented by the Electoral Board. ATTACHMENTS: Correspondence from the Electoral Board April 16,2015/MWT/Schools Categorical Transfer Requests and GTMS Reserve Account Establishment ISSUE: Staff Report on Schools Categorical Transfer Request to Address Health Insurance and Davis Bacon Act Payments and Establishment of a Reserve Account to Address any Future Davis Bacon Act Expenses Related to the Georgie Tyler Middle School (GTMS) Project. BACKGROUND: In an effort to address existing expense requirements that “present significant strains on the Division’s available operating budget”, Schools request the Board of Supervisors to consider the following:  Transfer operating funds from the instruction ($87,294.35), administration ($42,200) and technology ($155,646) categories in the amount of $285,140.35 to the Schools GTMS Capital Fund to cover Davis-Bacon Act invoices;  Transfer operating funds from the administration ($113,345), transportation ($35,000), maintenance ($28,640) and technology ($107,915) categories in the amount of $284,900 to the Schools operating budget instruction category to cover current a Health Fund Balance Shortage; and,  Establishment of a Capital Reserve Account to cover future Davis- Bacon Act invoices. The reserve account, in accordance with GASB 54, shall be established as an assigned capital reserve account with the intent that this reserved account be used for the specific purpose to pay Davis-Bacon Act invoices as they are presented by the Department of Labor to the Schools. BUDGETARY IMPACT: This action will not impact the FY14-15 operating budget. RECOMMENDATION: Adopt a resolution. April 16,2015/MWT/Schools Categorical Transfer Requests and GTMS Reserve Account Establishment ATTACHMENT: - Resolution - Schools March 30,2015 Correspondence April 16,2015/MWT/Schools Categorical Transfer Requests and GTMS Reserve Account Establishment RESOLUTION TO AUTHORIZE SCHOOLS CATEGORICAL TRANSFER REQUEST TO ADDRESS HEALTH INSURANCE AND DAVIS BACAON ACT PAYMENTS AND ESTABLISHMENT OF A RESERVE ACCOUNT TO ADDRESS ANY FUTURE DAVIS BACON ACT EXPENSES RELATED TO THE GEORGIE TYLER MIDDLE SCHOOL (GTMS) PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a request for the following:  Transfer operating funds from the instruction ($87,294.35), administration ($42,200) and technology ($155,646) categories in the amount of $285,140.35 to the Schools’ GTMS Capital Fund to cover Davis-Bacon Act invoices;  Transfer operating funds from the administration ($113,345), transportation ($35,000), maintenance ($28,640) and technology ($107,915) categories in the amount of $284,900 to the Schools’ operating budget instruction category to cover current a Health Fund Balance Shortage; and,  Establishment of a Capital Reserve Account to cover future Davis- Bacon Act invoices. WHEREAS, the reserve account, in accordance with GASB 54, shall be established as an assigned capital reserve account with the intent that this reserved account be used for the specific purpose to pay Davis-Bacon Act invoices as they are presented by the Department of Labor to the Schools. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, authorizes the Schools’ categorical transfer requests and the establishment of a Capital Reserve Account. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized by the Board of Supervisors to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. Adopted this 16th day of April, 2015. Rex W. Alphin, Chairman _________________________________ Carey Mills Storm, Clerk Approved as to form: __________________________________ Mark Popovich, County Attorney ISSUE: Resolution – Personnel Policy Amendments Required for Implementation of a 28 Day Work Period for Eligible Regular Full- time Employees with the Department of Emergency Services BACKGROUND: For the Board’s consideration is a resolution to amend Chapter 1: Personnel, Article III, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and Article VI, Section 6.3 required for the implementation of a 28 day work period for eligible regular full-time employees within the Department of Emergency Services (as authorized within the 7k work period exemption within the Fair Labor Standards Act). The benefits of implementing a 28 day work period include, but are not limited to, increased span of control, unity of command, and division of labor. The policy amendments are necessary to accommodate the implementation of a 28 day work period. BUDGETARY IMPACT: There is no anticipated adverse budgetary impact of these amendments. RECOMMENDATION: Adopt a Resolution to Amend Chapter 1: Personnel, Article III, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and Article VI, Section 6.3 of the County Policy Manual ATTACHMENTS: Resolution RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE III, SECTIONS 3.2 AND 3.4, ARTICLE V, SECTIONS 5.0-5.3, AND ARTICLE VI, SECTION 6.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding the provision of rates of pay, overtime, annual leave, sick leave, and holidays under Chapter 1: Personnel, Article III, Sections 3.2 and 3.4, Article V, Sections 5.0- 5.3, and Article VI, Section 6.3 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article III, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and Article VI, Section 6.3 of the County Policy Manual to clarify the provisions, guidelines, rules and procedures necessary to accommodate the implementation of a 28 day work period for eligible regular full-time employees within the Department of Emergency Services, as authorized within the 7k work period exemption within the Fair Labor Standards Act. NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article III, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and Article VI, Section 6.3 of the County Policy Manual is hereby amended as follows: ARTICLE III Compensation Plan (Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006, June 1, 2006, April 16, 2015) Section 3.2 (Revised April 7, 2005, April 16, 2015) Rates of Pay The rates of pay for County employees shall be in accordance with the salary schedule adopted by the Board of Supervisors. Generally, a new employee shall be paid between the minimum and midpoint of the salary range assigned for his/her class, depending on qualifications. The County Administrator has authority to make appointments above the midpoint when necessary to obtain the services of the best qualified candidate. Prior written approval from the County Administrator is required when a department director wishes to make an appointment above the first quartile of pay for the class. When a regular full-time employee assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services transfers from a 24-hour schedule to a 40-hour schedule, or vice versa, for an assignment greater than 30 days, the employee’s rate of pay will be computed as follows. Computation of the hourly rate of pay will be made once the 30 days has been met, as follows: 1. When an employee is transferred from a 24-hour schedule to a 40-hour schedule or status the employee’s annual rate of pay is divided by 2,080 to provide the new hourly rate of pay. 2. When an employee is transferred from a 40-hour schedule or status to a 24-hour schedule, the employee’s annual rate of pay is divided by 2,756 to provide the hourly rate of pay. Section 3.4 (Revised October 7, 1999, April 16, 2015) Overtime Overtime shall be authorized when regularly scheduled work hours exceed the Fair Labor Standards Act (FLSA) standards for the granting of overtime. The County Administrator shall designate those positions which are eligible for overtime pay and compensatory leave and those which are not eligible for such pay and leave in accordance with the standards of the Fair Labor Standards Act. The County Administrator shall develop administrative regulations pertaining to overtime and monitor compliance with the provisions of the Fair Labor Standards Act, which shall include the following: a. Compensation time should be granted in lieu of overtime pay in all situations where possible. The accumulation of overtime should be discouraged and procedurally kept to a minimum, adjusting schedules and staffing to minimize the accumulation of overtime. b. All overtime must be approved in advance of occurrence by the employee supervisor. c. Prior to disbursement of compensation, the Department Head must authorize the payment of overtime compensation. d. Overtime pay will be disbursed as funds are made available through the budget adoption/amendment process. e. Regularly scheduled overtime hours for fire protection employees will be paid at the overtime rate whether or not the employee physically works the hours. This rule only applies to fire protection employees as defined in the Code of Virginia §9.1-700. ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014, December 18, 2014, April 16, 2015) Section 5.0 (Revised September 1, 2005, October 16, 2014, April 16, 2015) Annual Leave All regular full-time employees of Isle of Wight County assigned to a forty-hour workweek shall accrue annual leave based on an eight (8) hour work day. All regular, part-time employees with regularly scheduled hours between twenty (20) to twenty-nine (29) per week shall accrue annual leave at a rate of four (4) hours per month. Leave shall be charged to the nearest quarter-hour increment. Eligible employees separating from County employment shall be compensated for unused annual leave in the subsequent pay period after termination. All regular full-time employees assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services shall have all leave charged on an hour for hour basis and shall accrue annual leave based on the equivalent of an eight (8) hour work day. Section 5.1 (Revised April 5, 2007; June 19, 2014; April 16, 2015) Calculated Annual leave for regular full-time employees, except those assigned to a 28-day cycle, shall be calculated at the end of each pay period in accordance with the following schedule: Total Years Hours Days Of Service Per Month Per Year Maximum 0 to 5 8 12 288 hours 5+ to 10 10 15 288 hours 10+ to 15 12 18 288 hours 15+ to 20 14 21 288 hours 20 or more 16 24 288 hours Annual leave for regular full-time employees assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services shall be calculated at the end of each pay period in accordance with the following schedule: Total Years Hours Days Of Service Per Month Per Year Maximum 0 to 5 11.2 16.8 403.2 hours 5+ to 10 14 21 403.2 hours 10+ to 15 16.8 25.2 403.2 hours 15+ to 20 19.6 29.4 403.2 hours 20 or more 22.4 33.6 403.2 hours Regular full-time employees on leave without pay for more than half of the workdays per pay period will not accumulate annual leave hours for that pay period. *Employees may exceed the maximum accrual amount of 288 hours (or 403.2 hours for those assigned to a 28-day cycle) during the fiscal year; however, no more than 288 hours (or 403.2 hours for those assigned to a 28-day cycle) may be carried over from one fiscal year to the next fiscal year. Any hours over 288 hours (or 403.2 hours for those assigned to a 28-day cycle) will be automatically added to the sick leave balance up to a maximum of eighty (80) hours (or one hundred-twelve (112) hours) per fiscal year. Special Provisions for Fire Protection Employee Schedule Changes 1. When a regular full-time employee assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services transfers from that 28-day cycle schedule to a 40-hour per week schedule or vice versa for an assignment greater than 30 days, his/her leave balances and hourly rate of pay will be converted. 2. Full-time employees assigned within the Department of Emergency Services accrue and charge all leave in accordance with applicable policy for the schedule to which assigned. In the event an employee is temporarily assigned to another schedule for less than 30 days, the leave accrued and leave charged will be adjusted to provide the same leave balance as if the employee had not been temporarily transferred. Such determinations are made on a case-by-case basis by the Chief of Emergency Services and the Director of Human Resources. 3. Annual leave is converted or adjusted when an employee is transferred from one schedule to another to provide the same leave balance value. When an employee is transferred from a 28-day cycle schedule to a 40-hour per week schedule, the employee’s annual leave balance will be divided by 1.4 to give the adjusted balance. When an employee is transferred from a 40-hour per week schedule to a 28-day cycle schedule, the employee’s balance will be multiplied by 1.4 to give the adjusted balance. New Hires New hires shall accrue annual leave for the month of initial hire according to the date of hire as follows: Date of Month Percent of Annual Leave Accrued 1st to 7th 100% 8th to 23rd 50% 24th to last 0% Section 5.2 (Revised June 19, 2014, April 16, 2015) Approval The earliest possible notice, preferably two weeks, of intent shall be given by any employee who is eligible to take annual leave. Annual leave taken without prior approval may not be paid. Each department shall be responsible for the scheduling of annual leave of its employees and doing so without decreasing the operating efficiency of the department. Employees shall be paid for unused accrued annual leave up to the allowed maximum of 288 hours (or 403.2 hours for those regular full-time employees assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services) at the time of retirement, resignation, termination, or death. In instances of reduction in force, an employee shall be paid for their actual unused accrued annual leave with no maximum cap enforced. Section 5.3 (Revised December 19, 2013; September 1, 2005; October 16, 2014, April 16, 2015) Sick Leave Sick leave is defined as leave with pay granted for personal illness of the employee or an immediate family member and for medical and dental appointments of the employee or immediate family member. For purposes of this sick leave policy, the immediate family of an employee is defined as: natural parents, adoptive parents, foster parents, step-parents; spouse; natural, adopted or foster children; brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law; grandchildren and grandparents. A physician’s certification/statement may be requested to validate sick leave when there is a pattern of absenteeism, if there is an indication that the employee’s physical condition is adversely affecting performance, or for an absence of three (3) or more consecutive days. Leave usage will be charged in quarter-hour increments. Accrual Rates Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement System (VRS) members: Sick leave is accrued at a rate of eight (8) hours per month (four (4) hours per pay period worked), with the exception of regular full-time employees assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services, who accrue sick leave at a rate of 11.2 hours per month (5.6 hours per pay period worked). Employees must work more than half of the workdays per pay period in order to accrue sick leave for that pay period. Sick leave balances may be carried over from year to year and shall be unlimited. Special Provisions for Fire Protection Employee Schedule Changes 1. When a regular full-time employee assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services transfers from that 28-day cycle schedule to a 40-hour per week schedule or vice versa for an assignment greater than 30 days, his/her leave balances and hourly rate of pay will be converted. 2. Full-time employees assigned within the Department of Emergency Services accrue and charge all leave in accordance with applicable policy for the schedule to which assigned. In the event an employee is temporarily assigned to another schedule for less than 30 days, the leave accrued and leave charged will be adjusted to provide the same leave balance as if the employee had not been temporarily transferred. Such determinations are made on a case-by-case basis by the Chief of Emergency Services and the Director of Human Resources. 3. Sick leave is converted or adjusted when an employee is transferred from one schedule to another to provide the same leave balance value. When an employee is transferred from a 28-day cycle schedule to a 40-hour per week schedule, the employee’s sick leave balance will be divided by 1.4 to give the adjusted balance. When an employee is transferred from a 40-hour per week schedule to a 28-day cycle schedule, the employee’s balance will be multiplied by 1.4 to give the adjusted balance. Regular, full-time employees who are Hybrid Virginia Retirement System (VRS) members: Six (6) days of sick leave is front-loaded on an employee’s first work day, subject to proration for service less than the full fiscal year. Employees may draw from their credited sick leave following the completion of one day’s service. On January 1st each year, employees in this category will accrue six (6) additional days of sick leave earning a total of twelve (12) days of sick leave each fiscal year. On June 30th each year, a payout of fifty percent (50%) of the sick leave balance will be granted as a wellness incentive. In the event of termination prior to the completion of the fiscal year, salary for any leave which was taken in excess of days actually earned will be withheld from the final payroll check. Regular (non-temporary) part-time employees who work a schedule of 20 – 29 hours per week will accrue sick leave at a rate of four (4) hours per month. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, April 16, 2015) Section 6.3 Holidays (Revised October 4, 2007, July 1, 2008, December 18, 2014, April 16, 2015) Isle of Wight County shall observe the following holidays and other such holidays as may be prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia: New Year’s Day First day of January Lee/Jackson Day Friday preceding Third Monday in January King Day Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day Fourth day of July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day Eleventh day of November Thanksgiving Day Fourth Thursday in November and the day after Thanksgiving Day Christmas Day Twenty-fifth day of December and the day before or after Christmas Day If any holiday falls on Saturday, the Friday preceding the holiday shall be observed. If the holiday falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust the schedule to accommodate special circumstances. All regular full-time employees shall be entitled to holiday time off with pay equal to the employee’s regularly scheduled hours of work. All regular part-time employees (those regularly scheduled for 20-29 hours per week) shall be entitled to time off with pay equal to four (4) hours. An employee forfeits eligibility to be compensated for the holidays observed by the County unless the employee works the last scheduled work day before the holiday and the first scheduled work day after the holiday or is on approved leave with pay. If a regular non-exempt full-time employee, except for employees assigned to a 28-day cycle within the Department of Emergency Services, is required to work on a holiday, he/she shall receive his/her regular rate of pay for all hours worked plus compensatory time off. Since regular non-exempt full-time employees assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services regularly work holidays as part of their normal work schedule, these employees will be given a substitute holiday, which will be observed on another working day. These employees will receive the substitute holiday regardless of whether the employee works on the holiday or not. Substitute holidays must be taken within six (6) months after actual holiday observance or will be forfeited. One day of holiday leave for non-exempt full-time employees assigned to a 28-day cycle is equal to twelve (12) hours. Partial holidays will be prorated (i.e. – half day holiday leave equals to six (6) hours, etc.). If an exempt employee is required to work on a holiday, he/she shall receive compensatory time off equal to the hours worked to be taken another time. If any part-time employee is required to work on a holiday, regardless of his/her status, he/she shall receive pay at the rate of time and a half for all hours worked on the holiday. Assignments for work on a holiday must be approved in advance by the department head or his/her designated representative. Given that the County recognizes the preceding Friday or following Monday but an eligible employee may be required to work on the actual holiday, the employee will be eligible for holiday pay in accordance with this holiday for any hours worked on both the day the County recognizes the holiday and for any work on the actual holiday. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. An employee who is on approved leave with pay during a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee who is on military leave with pay during a period in which a holiday falls, shall not receive any additional pay or compensatory leave for the holiday. An employee on Workers’ Compensation Leave will not receive holiday pay. In the case of an employee who terminates employment and the last day actually worked is the last work day before a holiday, the employee is not eligible for holiday pay unless the holiday is the last day of the pay period and the employee has been on active status for the full pay period. For Religious or other National Holidays, with leave approved by the supervisor, an employee may request authorized leave with pay as follows:  Request charged to compensation time off (if applicable)  Request charged to annual or personal leave Adopted this 19th day of March, 2015. Rex. W. Alphin, Chairman ________________________ Carey Mills Storm, Clerk Approved as to form: ________________________________ Mark Popovich, County Attorney ISSUE: Staff Report - Alternative Water Source for Fire Suppression and Training Activities at Rushmere Volunteer Fire Department BACKGROUND: The Rushmere Volunteer Fire Department (VFD) utilizes two (2) large storage tanks to retain water for fire suppression and training activities. The VFD is currently receiving water for these activities from the County’s community well located in Rushmere. The County provides a meter by which to charge the VFD for the domestic use of the water; however, the same water source also supplies water to the tank for use as fire suppression and training. Therefore, the VFD experiences additional costs to provide these vital activities, which is customary to be provided at no charge. In an effort to avoid the added costs to the VFD, staff proposes to provide a groundwater well as an alternative water source to supply water to the existing tanks onsite for use as fire suppression and training. The VFD will continue to use the County’s community well water supply for domestic use. BUDGET IMPACT: The anticipated costs for the well and appurtenances to provide water for fire suppression and training activities is estimated at $15,000. Staff will identify funds within the current fiscal year operating budget to fund the project. RECOMMENDATIONS: Direct staff to install a groundwater well to provide the Rushmere Volunteer Fire Department an alternative water source for fire suppression and training activities. ATTACHMENTS: None ISSUE: Staff Report - Bradby Park Wetlands Delineation BACKGROUND: In January of 2010, staff advised the Board of Supervisors that the delineation for the Henry H. Bradby Park was set to expire in 2012. Considerable design work had previously been completed for a fifteen acre portion of the property. It was noted that if the work was not completed before the delineation expired there would be a risk that the property would not be able to be developed as planned. At its regular meeting on February 18, 2010, the Board voted to postpone the development of the park. Staff recently received an estimate to have a new delineation done on the property at a cost of $7,500. This delineation would expire in six years. If the updated delineation has significant changes as compared to the original, a new Master Plan for the property would need to be completed. BUDGETARY IMPACT: $7,500 for a delineation RECOMMENDATION: Staff recommends the Board delay completing a new delineation until the County is in a position to begin developing the Park. Additionally, staff recommends that the County focus on Parks and Recreation Capital Projects that have revenue generating potential in order to aid the County’s financial recovery. ATTACHMENTS: None ISSUE: Matters for the Board’s Information BACKGROUND: The matters attached to this Board report are included as a means of providing information to the Board relative to matters of interest. These items do not require any action by the Board. RECOMMENDATION: For the Board’s information. ATTACHMENTS: 1. Monthly Reports: Tax Levies & Collections as of March 2015; Cash Position and Statement of the Treasurer’s Accountability 2. Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015 3. Isle of Wight Sheriff’s Monthly Activity Report/March 2015 4. Isle of Wight Website Statistics/March 2015 5. Solid Waste Division Litter Pickup 6. Commercial and Residential Insurance Rating Update 7. Charter Communications – Upcoming Changes 8. Memo regarding Employee Service Awards Luncheon 9. Safety and Wellness at Work 10. Nike Park Water Main to Gatling Pointe 11. Isle of Wight Cooperative Extension Report for March 2015 COUNTY OF ISLE OF WIGHT STATEMENT OF THE TREASURER'S ACCOUNTABILITY February 2015 Institution Instrument Rate Term Maturity Balance Cash Petty Cash $1,650.00 SUB TOTAL $1,650.00 Checking Accounts Bank of America General Fund Checking $5,399,241.89 Bank of America School General Fund Checking $2,655,332.13 Bank of America DSS General Fund Checking $1,787,884.68 Bank of America County Payroll Account $0.00 Bank of America School Payroll Account $2,273.16 Bank of America DSS Payroll Account $0.00 SUB TOTAL $9,844,731.86 Investments Bank of America Emergency Fund Checking 0.20%$2,550.13 Bank of America Investment Fund 0.20%$16,417,016.93 LGIP General Fund Investment 0.10%$2,574,903.10 SUB TOTAL $18,994,470.16 Restricted Funds Bank of America School Escrow Fund 0.20%$0.00 Bank of America General Recoupment Funds 0.20%$13,797.00 Bank of America Benn's Church Funds 0.20%$22,110.77 Bank of America Special Welfare Funds 0.20%$0.00 Bank of America Special Welfare Donated Funds 0.20%$22,439.92 Bank of America Special Welfare Child Support 0.20%$4.95 Bank of America School's Camp Foundation 0.20%$24,413.42 Bank of America School Food Service Funds 0.20%$736,038.03 BNY Mellon Pace Funds $2,223,671.55 SUB TOTAL $3,042,475.64 Bond Proceeds--Invested in SNAP 2010B Bond $1,077,672.95 2010B Bond Interest 0.14%$33,060.47 2010C Bond $463,360.28 2010C Bond Interest 0.14%$39,569.08 2011A Bond $738,688.20 2011A Bond Interest 0.14%$74,168.72 2011B Bond $1,101,346.00 2011B Bond Interest 0.14%$27,764.48 2011C Bond $124,102.27 2011C Bond Interest 0.14%$45,562.20 2012 Bond $11,633,262.02 2012 Bond Interest 0.14%$70,819.47 SUB TOTAL $15,429,376.14 TOTAL OF ALL FUNDS$47,312,703.80 04 . 0 7 . 1 5 MA R 1 4 JA N F E B MA R 1 5 AP R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 5 Y T D 2 0 1 4 Y T D % chng Ca l l s f o r S e r v i c e La w E n f o r c e m e n t 3, 5 8 9 3 , 7 6 2 3 , 3 2 3 4 , 1 1 3 11,19810,03411.60% An i m a l S e r v i c e s 85 9 6 7 6 1 0 2 27424710.93% GR A N D T O T A L 3, 6 7 4 3 , 8 5 8 3 , 3 9 9 4 , 2 1 5 11,47210,28111.58% Sc h o o l C h e c k s ( n u m ) 68 8 4 5 5 9 1 23018722.99% Sc h o o l C h e c k s ( t i m e ) 30 : 5 1 2 7 : 4 7 2 1 : 5 9 3 1 : 4 9 81:3678:224.13% Fa l s e A l a r m s 7 1 0 3 0 1337-64.86% Es c o r t s 12 1 8 5 8 3132-3.13% Tr a f f i c Tr a f f i c S t o p s 51 4 3 1 4 1 8 8 4 5 1 9531,212-21.37% Tr a f f i c S u m m o n s 29 0 1 6 2 1 0 1 2 6 5 528617-14.42% Tr a f f i c C r a s h e s 71 6 2 9 2 5 9 213229-6.99% Cr i m i n a l P r o c e s s Mis d e m e a n o r C h a r g e s 49 2 7 2 1 5 2 100142-29.58% Fe l o n y C h a r g e s 33 1 3 1 9 3 4 6671-7.04% Un k n o w n C l a s s 0 0 0 0 01-100.00% GR A N D T O T A L 82 4 0 4 0 8 6 166214-22.43% Civ i l P r o c e s s Wri t - L e v y 2 2 2 6 1014-28.57% Wr i t - R e p o 4 3 3 2 822-63.64% Ev i c t i o n s 4 1 1 9 7 271942.11% Al l O t h e r C i v i l 95 3 6 8 3 6 4 2 1 , 2 0 7 2,5322,545-0.51% GR A N D T O T A L 96 3 6 9 9 6 5 6 1 , 2 2 2 2,5772,600-0.88% Pr o p e r t y Re p o r t e d S t o l e n $1 5 , 3 9 1 $ 2 7 , 6 0 4 $ 1 3 , 5 3 4 $ 5 , 6 0 4 $46,741$137,477-66.00% Sto l e n I t e m s 38 5 8 4 5 2 2 1251176.84% Re p o r t e d R e c o v e r e d $7 0 0 $ 2 , 7 8 0 $ 6 , 8 7 3 $ 1 , 0 0 0 $10,653$64,339-83.44% Re c o v e r e d I t e m s 6 8 1 4 5 272035.00% Re p o r t e d D a m a g e d $8 , 6 5 6 $ 2 , 4 8 0 $ 5 , 4 2 0 $ 3 , 7 7 1 $11,671$24,977-53.27% Da m a g e d I t e m s 30 9 1 6 1 4 3973-46.58% Co u r t Fi n e s a n d F e e s Ju r y T r i a l s 0 2 1 0 30#DIV/0! Ot h e r Mil e a g e 92 , 7 2 5 78 , 8 9 4 80 , 1 5 6 81 , 1 6 4 240,214259,713-7.51% Gu n P e r m i t s 88 5 6 5 7 7 3 186240-22.50% Fin g e r p r i n t s ( n o n c r i m . ) 11 2 1 2 7 3 4 8236127.78% Re p o r t s ( I B R ) 75 5 0 6 4 6 7 181220-17.73% Re p o r t s ( N o n - I B R ) 13 8 1 0 2 1 0 8 1 3 7 347382-9.16% Cu r r e n c y v a l u e s r o u n d e d t o t h e d o l l a r . RE V I S E D 0 4 . 0 7 . 1 5 To t a l s m a y c h a n g e b e t w e e n r e p o r t i n g p e r i o d s d u e t o o n g o i n g i n v e s t i g a t i o n s , c a s e u p d a t e s , e r r o r c o r r e c t i o n , a n d l a t e r e p o r t i n g . Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e • M o n t h l y A c t iv i t y R e p o r t - M A R 2 0 1 5 ST A T I S T I C A L I N F O Y T D T O L A S T M O N T H C O M P L E T E D - MA R 04 . 0 3 . 1 5 ME A N ( A V G ) ME D I A N HI G H E S T LO W E S T La w E n f o r c e m e n t 3, 7 3 3 3 , 9 3 8 4 , 1 1 3 3 , 3 2 3 An i m a l S e r v i c e s 91 9 9 1 0 2 7 6 GR A N D T O T A L 3, 8 2 4 4 , 0 3 7 4 , 2 1 5 3 , 3 9 9 Sc h o o l C h e c k s ( n u m ) 77 8 8 9 1 5 5 Sc h o o l C h e c k s ( t i m e ) 1 1 1 1 Fa l s e A l a r m s 4 5 1 0 0 Es c o r t s 10 1 3 1 8 5 Tr a f f i c S t o p s 31 8 3 8 3 4 5 1 1 8 8 Tr a f f i c S u m m o n s 17 6 2 1 4 2 6 5 1 0 1 Tr a f f i c C r a s h e s 71 6 1 9 2 5 9 Mis d e m e a n o r C h a r g e s 33 4 0 5 2 2 1 Fe l o n y C h a r g e s 22 2 4 3 4 1 3 Un k n o w n C l a s s 0 0 0 0 GR A N D T O T A L 55 6 3 8 6 4 0 Wr i t - L e v y 3 4 6 2 Wr i t - R e p o 3 3 3 2 Ev i c t i o n s 9 9 1 1 7 Al l O t h e r C i v i l 84 4 9 4 5 1 , 2 0 7 6 4 2 GR A N D T O T A L 85 9 9 6 1 1 , 2 2 2 6 5 6 Re p o r t e d S t o l e n 15 , 5 8 0 1 6 , 6 0 4 2 7 , 6 0 4 5 , 6 0 4 St o l e n I t e m s 42 4 0 5 8 2 2 Re p o r t e d R e c o v e r e d 3, 5 5 1 1 , 8 9 0 6 , 8 7 3 1 , 0 0 0 mo n e t a r y 23 % Re c o v e r e d I t e m s 9 7 1 4 5 it e m s 22 % Re p o r t e d D a m a g e d 3, 8 9 0 3 , 1 2 6 5 , 4 2 0 2 , 4 8 0 Da m a g e d I t e m s 13 1 2 1 6 9 Mil e a g e 80 , 0 7 1 8 0 , 0 2 9 8 1 , 1 6 4 7 8 , 8 9 4 Gu n P e r m i t s 62 6 5 7 3 5 6 Fi n g e r p r i n t s ( n o n c r i m . ) 27 2 8 3 4 2 1 Re p o r t s ( I B R ) 60 5 9 6 7 5 0 Re p o r t s ( N o n - I B R ) 11 6 1 2 0 1 3 7 1 0 2 Mo n e t a r y v a l u e s a r e r o u n d e d to t h e n e a r e s t d o l l a r . T o t a l s ma y c h a n g e b e t w e e n r e p o r t i n g pe r i o d s d u e t o o n g o i n g in v e s t i g a t i o n s , c a s e u p d a t e s , er r o r c o r r e c t i o n , a n d l a t e re p o r t i n g . Pr o p e r t y Ci v i l P r o c e s s Ot h e r Pr o p e r t y R e c o v e r y (f r o m A v e r a g e ) Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e • M o n t h l y A c t iv i t y R e p o r t - 2 0 1 5 Ca l l s f o r S e r v i c e Tr a f f i c Cr i m i n a l P r o c e s s 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 14 TOT15 TOT% Change Ja n u a r y 0 0 0 1 0 0 3 1 3 1 8 16 1 3 0 0 152246.7% Fe b r u a r y 0 0 0 0 0 0 0 1 3 4 16 19 2 1 0 0 212519.0% Ma r c h 0 0 0 1 0 0 1 0 2 1 13 13 1 0 0 1715-11.8% Ap r i l 0 0 0 2 5 19 2 0 280-100.0% Ma y 0 1 0 2 6 18 0 1 280-100.0% Ju n e 0 0 0 1 5 23 2 1 320-100.0% Ju l y 0 0 0 4 2 24 1 0 310-100.0% Au g u s t 0 0 0 2 7 11 1 0 210-100.0% Se p t e m b e r 0 0 1 2 8 12 0 0 230-100.0% Oc t o b e r 0 1 0 3 10 13 0 0 270-100.0% No v e m b e r 0 0 0 0 3 17 0 0 200-100.0% De c e m b e r 0 0 1 1 0 10 1 0 130-100.0% YT D T O T A L 0 0 0 2 0 0 4 2 8 6 37 48 4 4 0 0 536217.0% GR D T O T A L 0 2 2 21 54 18 4 48 4 2 27662 20 1 4 20 1 4 2 0 1 4 4 49 5 3 NO T I C E : T H E D A T A I N T H I S R E P O R T I S D Y N A M I C A N D M A Y C H A N G E A S C A S E S A R E R E C L A S S F I E D , R E C O R D S E X P U N G E D , O R E R R O R S C O R R E C T E D . SO U R C E : I O W S O R M S D A T A A S O F 0 1 . 0 9 . 1 5 F O R A L L 2 0 1 4 D A T A A N D 0 4 . 0 3 . 1 5 F O R 2 0 1 5 D A T A ) IS L E O F W I G H T C O U N T Y S H E R I F F ' S O F F I C E 04.03.15 Ho m i c i d e 09 A CR I M E S A G A I N S T P E R S O N S 2 0 1 5 Y T D La r c e n y 23 MV T h e f t 24 0 58 6 2 Ar s o n 20 0 TOTALS Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e 4 Se l e c t G r o u p A O f f e n s e s 2 0 1 5 ( w / 2 0 1 4 c o m p a r i s o n ) Ra p e 11 A Ro b b e r y 12 0 Ag A s s a u l t 13 A Bu r g l a r y 2 2 0 CR I M E S A G A I N S T P R O P E R T Y 2 0 1 5 Y T D T O T A L 2 0 1 5 Y T D 17.0% 18 . 4 % 0. 0 % SCHOOLCOUNTTIME% COUNT% TIME CARROLLTON ELEMENTARY SCHOOL145:2215.4%16.9% CARRSVILLE ELEMENTARY SCHOOL265:5628.6%18.7% GEORGIE D TYLER MIDDLE SCHOOL95:329.9%17.4% HARDY ELEMENTARY SCHOOL176:0018.7%18.9% ISLE OF WIGHT ACADEMY81:408.8%5.2% SMITHFIELD HIGH SCHOOL31:323.3%4.9% WESTSIDE ELEMENTARY SCHOOL10:291.1%1.5% WINDSOR ELEMENTARY SCHOOL124:1513.2%13.4% WINDSOR HIGH SCHOOL11:001.1%3.2% Grand Total9131:49100.0%100.0% Note: These times only reflect actions of -NON- SRO Personnel 04.03.15 MAR 2015 Isle of Wight County Sheriff's Office • Monthly School Check Report RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL 1 PATROL CHECK 1267 30.06%51DOMESTIC ASSAULT - OCCURRED5 0.12% 2 CIVIL PAPER 636 15.09%52HOUSE CHECK5 0.12% 3 TRAFFIC STOP 451 10.70%53THREATS 4 0.09% 4 BUILDING CHECK 378 8.97%54EVICTION 4 0.09% 5 BUSINESS CHECK 184 4.37%55STROKE 4 0.09% 6 CITIZEN ASSIST 137 3.25%56FIRE ALARM 4 0.09% 7 PAPER SERVICE 110 2.61%57DISPUTE (NON-FAMILY)4 0.09% 8 ANIMAL COMPLAINT 108 2.56%58BUSINESS ASSIST4 0.09% 9 SCHOOL CHECK 91 2.16%59OFFICER INFORMATION4 0.09% 10 PRISONER TRANSPORT 75 1.78%60CAR FIRE 3 0.07% 11SUSPICIOUS PERS./VEH./ACTIVITY73 1.73%61TRAFFIC CONTROL3 0.07% 12POLICE INVESTIGATIONS53 1.26%62EMERGENCY CUSTODY ORDER3 0.07% 13ALARM - BURGLARY52 1.23%63BURGLARY - RESIDENTIAL3 0.07% 14DISABLED VEHICLE47 1.12%64RUNAWAY 3 0.07% 15ACCIDENT NO INJURIES37 0.88%65OVERDOSE 3 0.07% 16ASSIST OTHER JURISDICTION30 0.71%66DOMESTIC ASSAULT - IN PROGRESS3 0.07% 17FINGERPRINTS29 0.69%67ALARM - MEDICAL3 0.07% 18RECKLESS DRIVING25 0.59%68POSSIBLE DOA OR FULL ARREST3 0.07% 19DOMESTIC - VERBAL ONLY24 0.57%69ASSAULT WITH INJURIES3 0.07% 20FRAUD 20 0.47%70EMERGENCY PROTECTIVE ORDER2 0.05% 21DIRECT PATROL20 0.47%71IDENTITY THEFT2 0.05% 22WELFARE CHECK18 0.43%72OTHER OR UNKNOWN PROBLEM2 0.05% 23ACCIDENT UNKNOWN INJURIES15 0.36%73FRAUD 2 0.05% 24LARCENY PETIT AND GRAND15 0.36%74STRUCTURE FIRE2 0.05% 25DRIVING UNDER THE INFLUENCE14 0.33%75FOUND PROPERTY2 0.05% 26TRAFFIC HAZARD12 0.28%76DRUNK IN PUBLIC-INTOXICATED2 0.05% 27DRUG OFFENSES12 0.28%77BRUSH FIRE 2 0.05% 28DESTRUCTION OF PROPERTY12 0.28%78BITE 2 0.05% 29SHOTS FIRED/PROMISCUS SHOOTING11 0.26%79FIGHT IN PROGRESS2 0.05% 30DISTURBANCE-LOUD NOISE11 0.26%80ABANDONED VEHICLE2 0.05% 31COMMUNITY RELATIONS10 0.24%81NEIGHBOR DISPUTE1 0.02% 32DISORDERLY INDIVIDUAL10 0.24%82BLEEDING OR HEMORRHAGING1 0.02% 33911 HANG UP 9 0.21%83SEX OFFENSES RAPE ASSAULT1 0.02% 34BE ON THE LOOKOUT9 0.21%84SEIZURE 1 0.02% 35TRESPASS 8 0.19%85SMELL OR ODOR OF SMOKE1 0.02% 36POLICE ESCORT8 0.19%86ATTEMPT SUICIDE1 0.02% 37ALARM - UNK TYPE7 0.17%87CHILD ABUSE OR NEGLECT1 0.02% 38CIVIL MATTER 7 0.17%88SUICIDE 1 0.02% 39PSYCHIATRIC PROBLEMS7 0.17%89FALLS AND RELATED INJURIES1 0.02% 40CHEST PAIN OR HEART ATTACK7 0.17%90PERSONAL PROTECTIVE ORDER1 0.02% 41JUVENILE PROBLEMS7 0.17%91POLICE ASSIST RESCUE SQUAD1 0.02% 42HARRASSMENT7 0.17%92OPEN DOOR OR WINDOW1 0.02% 43ACCIDENT WITH INJURIES7 0.17%93CHILD NEGLECT OR ABUSE1 0.02% 44FOOT/BIKE PATROL7 0.17%94ALL OTHERS 4 0.09% 45UNCONSCIOUS OR FAINTING5 0.12%0.00% 46TEMPORARY DETENTION ORDER5 0.12%0.00% 47ASSAULT NO WEAPONS5 0.12%0.00% 48SICK / ILL OR RESCUE5 0.12%TOTAL 4,215 100% 49SHOPLIFTING 5 0.12%TOP TEN 3,437 81.54% 50 PROJECT LIFESAVER 5 0.12%04.03.15 NOTE: Prisoner transports include twice daily transport of Animal Shelter work release inmates. PRIOR MONTH TOP TEN FOR COMPARISON 2015 YTD FOR COMPARISON RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL 1 PATROL CHECK 1086 31.95%1 PATROL CHECK 4,015 35.00% 2 BUILDING CHECK 416 12.24%2 CIVIL PAPER 1,424 12.41% 3 CIVIL PAPER 352 10.36%3 TRAFFIC STOP 953 8.31% 4 BUSINESS CHECK 196 5.77%4 BUILDING CHECK 841 7.33% 5 TRAFFIC STOP 188 5.53%5 BUSINESS CHECK 573 5.00% 6 PAPER SERVICE 107 3.15%6 CITIZEN ASSIST 374 3.26% 7 CITIZEN ASSIST 98 2.88%7 PAPER SERVICE 296 2.58% 8 DISABLED VEHICLE 93 2.74%8 ANIMAL COMPLAINT 280 2.44% 9 ANIMAL COMPLAINT 77 2.27%9 SCHOOL CHECK 230 2.01% 10 ACCIDENT NO INJURIES 65 1.91%10 PRISONER TRANSPORT 200 1.74% T **TOTAL** CALLS (not just top 10)3,399 78.79%T **TOTAL** CALLS YTD (not just top 10)11,471 80.08% CALLS FOR SERVICE • MAR 2015 MEMORANDUM TO: Frank Haltom, Director of General Service FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup DATE: April 7, 2015 Solid Waste Division, with the help of the Western Tidewater Regional Jail Workers, continues to make an effort to keep the County roadways clean. The following is a list of roads where litter was picked up during the month of March 2015: Ft. Huger Dr.: Rte. 10 to Tyler Beach Lee`s Mill Rd: Hwy 58 to End Yellow Hammer Rd: Windsor Blvd to Tar Rd Quaker Rd: Woodland Dr. to Sandy Ridge Dr. Woodland Dr.: Carroll Bridge Rd to Longview Dr. Scott`s Factory Rd: Courthouse Hwy to Carroll Bridge Rd Nike Park Rd: Battery Park Rd to Titus Creek Dr. Bowling Green Rd: Bob White Rd to Carroll Bridge Rd The following is a list where litter is scheduled to be picked up during the months of April thru May 2015: Old Stage Hwy: Rte 10 to Berry Hill Rd Holly Run Dr.: Courthouse Hwy. to Carrsville Hwy. Berry Hill Rd: Rte 10 to Old Stage Hwy Foursquare Rd: Courthouse Hwy to Ting Rd Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd Scott`s Factory Rd: Courthouse Hwy to Turner Dr. Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr. Burdette Rd: Walter`s Hwy to Convenience Center Turner Dr.: Benns Church Blvd. to Scotts Factory Rd Sunset Dr.: Courthouse Hwy. to Buckhorn Dr. MEMORANDUM TO: Anne Seward, County Administrator FROM: Arthur E. Berkley, Director of Inspections SUBJECT: ISO Rating DATE: April 6, 2015 In the aftermath of the damages from Hurricane Andrew the Insurance Service Organization (ISO) initiated a system to evaluate local inspection departments on the effectiveness of their code enforcement as it relates to natural hazards such as hurricanes, flooding and earthquakes. The system is known as the Building Code Effectiveness Grading System (BCEGS). This system entails a periodic review on a five year basis of each building inspection department in the country relative to the edition of the code being enforced, number of inspectors to the number of inspections performed, personnel certifications and education, plan review activity and documentation of these activities. The departments are then rated on a scale from 1 to 10 with 1 being the best and 10 being the worst score. This information is then made available to the insurance industry to be used in setting property insurance rates for the locality or for allowance of discounts on insurance rates. On March 4, 2015, a representative of ISO met with me to perform the site visit and complete the questionnaire utilized in the rating process. On March 26, 2015, we were informed the County’s rating as a result of this survey was a 3 for both 1&2 Family dwellings and commercial buildings. Therefore, all buildings constructed and issued a Certificate of Occupancy between this year and 2020 will be eligible for any discounts the insurance carriers provide under this program. MEMORANDUM TO: Anne Seward, County Administrator FROM: Frank Haltom, Director of General Services SUBJECT: Preliminary Engineering Report Update, water main to Gatling Point DATE: April 7, 2015 At its regular meeting in November 2014, the Board authorized staff to proceed with the preliminary engineering report (PER) to provide water to serve the Gatling Point Subdivision. Currently, the County purchases water from the Town of Smithfield to supply water County customers in Gatling Point. The new water main will supply Gatling Point with water from the Western Tidewater Water Authority water source. The PER will address several elements to determine the future water supply to Gatling Point:  Identification of a water service area, including water demand flow projections for a 20 year design horizon.  Analysis of the existing water system along Route 17, including existing water distribution, pumping, and water storage.  Hydraulic flow model analysis for a new water line extension and how that correlates to existing water tank storage.  Assess the need for additional pumping or water storage equipment.  Evaluation of existing jurisdictional agreements.  Route evaluation to determine the most economically feasible, cost effective alternative. o Description of routes o Design sizing criteria o Mapping of route alternatives o Potential Environmental Impacts o Land Acquisition Requirements o Property Owner impacts o River Crossing Issues o Potential Construction Issues o Construction costs o Advantages/Disadvantages matrix rating system to evaluate alternatives o Qualitative evaluation factors  Total Project Cost Estimate  Conclusions and Recommendations Staff received a draft report on April 2, 2015 for review. It is anticipated that the final report will be completed to address all staff concerns by June 30, 2015.