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July 21st, 2016 Full AgendaA Community of Choice, Committed to Excellence Agenda Board of Supervisors Isle of Wight County July 21, 2016 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation - The Honorable Joel C. Acree/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Citizens’ Comments 6. Consent Agenda A. 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 ($1,875) B. Resolution to Amend Chapter 1: Personnel, Article IV, Section 4.20 Regarding the Appeals Process for Performance Evaluations C. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for repairs to the Health Department Building ($8,846) D. Resolution to Accept and Appropriate Funding From the Virginia Coastal Zone Management Program for a Canoe/Kayak Launch E. Resolution to Congratulate Rushmere Volunteer Fire Department on the Occasion of Its 25th Anniversary E. June 9, 2016 Regular Meeting Minutes A Community of Choice, Committed to Excellence 7. Regional & Inter-Governmental Reports 8. Appointments 9. Special Presentation/Appearances A. Isle of Wight TRIAD 10. Public Hearings A. One-Year Extension of the Lease of Public Property to Isle of Wight Hunt Club B. One-Year Extension of the Lease of Public Property to Mill Swamp Hunt Club C. Lease of Public Property to Stallings Farms, Inc. D. Application of Ray and Lisa Betterton for an Exception to the Chesapeake Bay Preservation Area Ordinance, Specifically, Section 4002, to Allow for Encroachment into the 100-foot-wide Resource Protection Area Buffer to Build a Single-Family Home at 13604 Bowling Green Road in the Windsor Election District E. Application of American K-9 Interdiction, LLC, Applicant and Owner, for a Conditional Use Permit on 57.44 Acres, Composed of Four Parcels of Land, Located at 4007 Burdette Road in the Carrsville Election District to Allow for a Shooting Range to be Operated on the Site F. An Ordinance to Amend and Reenact the Following Section of the Isle of Wight County Code, Appendix B, Zoning: Article V, Supplementary Use Regulations for Residential Use Types, Section 5-5002.I (Home Occupation, Type I and II) in Order to Allow “Gunsmith” as a Type II Home Occupation with a Conditional Use Permit G. An Ordinance to Amend and Reenact the Following Sections of the Isle of Wight County Code, Appendix B, Zoning: Article V, Supplementary Use Regulations; Section 5007, Supplementary Use Regulations for A Community of Choice, Committed to Excellence Miscellaneous Use Types in Order to Include a Provision for Exemption of Public Safety Communications Towers H. An Ordinance to Amend and Reenact the Isle of Wight County Code Regarding Dangerous and Vicious Dogs; Cruelty to Animals I. Resolution Authorizing the Issuance of General Obligation Public Improvement Bonds of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed $8,000,000 11. County Administrator’s Report A. Historic Society’s Request to Use the Old Clerk’s Building B. Government Finance Officers of America (GFOA) Award and Certificate for the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2015 C. Volunteer Fire-EMS Activity Report D. Matters for the Board’s Information 1. Monthly Reports: Tax Levies & Collections as of June 2016; Cash Position; and, Statement of the Treasurer’s Accountability as of May 2016 2. Isle of Wight County Monthly Fire/Emergency Medical Services (EMS) Report – Incidents by Zone Map; Incidents by Zone Data, as of June 2016 3. Isle of Wight Website Statistics/June 2016 4. Solid Waste Division Litter Pickup 5. Isle of Wight Extension Report/June 2016 12. Unfinished/Old Business A Community of Choice, Committed to Excellence 13. New Business A. Welcome Sign Design Options 14. Adjournment July 21, 2016/MWT 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 a resolution to accept and appropriate grant program funds and authorize the County Administrator to sign a Memorandum of Agreement with Virginia Cooperative Extension. ATTACHMENT: - Resolution - Plastic Pesticide Container Recycling Program Brochure 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 2016-17 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 2016-17 Grants Fund Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the Interim 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 21st day of July, 2016. Rex W. Alphin, Chairman __________________________________ Carey Mills Storm, Clerk Approved as to form: __________________________________ Mark C. Popovich, County Attorney Vi r g i n i a C o o p e r a t i v e E x t e n s i o n Isle of Wight County Plastic Pesticide Container Recycling Program PARTICIPATE IN THIS ENVIRONMENTALLY FRIENDLY, FREE SERVICE TO AGRICULTURAL PRODUCERS AND PESTICIDE DEALERS This program is conducted by Virginia Cooperative Extension in cooperation with the Virginia Department of Agriculture and Consumer Services. For more information: Contact your local Virginia Cooperative Extension Office to express your interest in participating or if you have questions relating to the program. Janet Spencer Extension Agent, ANR Isle of Wight County Extension 17100 Monument Circle, Suite B Isle of Wight, VA 23397 757-365-6256 jaashle2@vt.edu Benefits of Recycling:  Ensures user compliance with state regulations that prohibit open dumping, burning, burying, or water dumping of pesticide containers.  Protects human health and the environment through proper rinsing and disposal.  Safe, convenient, and inexpensive way to dispose of containers for producers and commercial applicators.  Cost savings through products made from recycled products.  Reduction of waste going to landfills.  Positive image for agriculture. Products of Recycled Pesticide Containers:  Pesticide containers  Pallets  Construction site mats  Commercial truck/manure spreader decker boards  Field drain tiles  Speed bumps  Parking stops  Treated Lumber Substitutes for low-exposure outdoor applications (railroad ties, marine pilings)  Hazardous waste dumps  Scaffold nailing strips  Commercial truck sub-floor support members Plastic Pesticide Container Recycling Program The Plastic Pesticide Container Recycling Program is a free service supported by the Virginia Department of Agriculture and Consumer Services, Office of Pesticide Services (VDACS), Virginia Cooperative Extension (VCE), and Isle of Wight County. This program provides an opportunity for agricultural producers, pesticide dealers, and pest control firms in Virginia to dispose of properly rinsed plastic pesticide containers as a convenient and environmentally friendly way to eliminate pesticide container waste in landfills and private property. The Isle of Wight County Extension Office offers this program throughout the entire year. Those who wish to participate should set up an appointment to deliver the containers to the storage facility located near Isle of Wight Courthouse. EVERYONE is encouraged to participate! Container Preparation How to prepare pesticide containers for recycling:  CONFIRM containers are HDPE #2 plastic and held an EPA registered product labeled for agriculture, forestry, vegetative management, or specialty pest control (crop protection adjuvant, crop oil, and surfactant containers accepted)  EMPTY and triple-rinse or pressure-rinse immediately to remove ALL residue (stained containers with no dry pesticide residue are accepted).  INSPECT to ensure that all residue has been removed from inside and outside, along with spout, lip, and thread areas.  REMOVE caps, labels, shrink wraps, and foil.  DRY and store in an enclosed shelter or trailer (not accepted with liquid present)  Containers that held veterinary products, consumer products, or home and garden pesticides are NOT ACCEPTED. Containers that do not meet all of these qualifications cannot be accepted. ACCEPTABLE NOT ACCEPTABLE Container, thread, and lip Dried residue on outside Outside stained but clean Dried residue on threads Dried residue on bottom Inside stained but clean Inside clean and dry Liquid residue present ISSUE: Resolution to Amend Chapter 1: Personnel, Article IV, Section 4.20 Regarding the Appeals Process for Performance Evaluations BACKGROUND: Chapter 1: Personnel, Article IV, Section 4.20 of the County Policy Manual currently states that employees have the right to appeal their performance evaluations in accordance with Article VIII (the County’s Grievance Procedure); however, Article VIII states that performance evaluations are not grievable. The proposed policy amendment is necessary in order to establish an appeals process in the event employees wish to appeal their performance evaluations. BUDGETARY IMPACT: There is no anticipated budgetary impact. RECOMMENDATION: Adopt a Resolution to Amend Chapter 1: Personnel, Article IV, Section 4.20 of the County Policy Manual. ATTACHMENTS: Resolution RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE IV, SECTION 4.20 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding the appeal of employee performance evaluations under Chapter 1: Personnel, Article IV, Section 4.20 of the County Policy Manual; and, WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article IV, Section 4.20, of the County Policy Manual to establish an appeals process in the event employees wish to appeal their performance evaluations. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Chapter 1: Personnel, Article IV, Section 4.20 of the County Policy Manual is hereby amended as follows: ARTICLE IV Conditions of Employment (Revised November 6, 2000, April 7, 2005, December 15, 2005, February 2, 2006, October 16, 2006, March 1, 2007, June 14, 2007, October 16, 2014, November 20, 2014, October 1, 2015, July 21, 2016) Section 4.20 Appeal of Employee Evaluation All regular full-time and regular part-time employees who feel their performance evaluation was conducted unfairly or is incorrect have the right of appeal in accordance with the provisions of Article VIII process as follows: 1. The employee shall submit a written statement outlining his/her concerns with the performance evaluation to his/her immediate supervisor. 2. The immediate supervisor shall discuss the employee’s appeal with his/her department head. 3. The department head shall issue a formal written response to the employee denoting their findings and actions, if any. If the issue is not resolved to the employee’s satisfaction by the department head, the employee or department head may request an administrative review by the Director of Human Resources. The time periods for the process shall correspond to the time periods applicable under the County's Grievance Procedure found in Chapter 1, Article VIII of the Policy Manual. Adopted this 21st day of July, 2016. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney ISSUE: Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for Repairs to the Health Department Building BACKGROUND: The County has received $8,846 in insurance proceeds for repairs to the Health Department Building. The insurance proceeds need to be accepted and appropriated to the Risk Management Fund budget for FY 2015-16. The department has requested that these insurance proceeds received be budgeted to the line item that will allow building repairs. Any additional budget amount required would be provided through the Department’s existing available budget. BUDGETARY IMPACT: Adoption of the resolution will increase the revenues and expenditures of the FY 2015-16 Risk Management Fund budget. Department budgets will be increased by the insurance proceeds in order to accomplish repairs of the building. RECOMMENDATION: Adopt a resolution to accept and appropriate insurance proceeds and authorize department budget line items to be increased by the amount of the insurance proceeds to repair the building. ATTACHMENTS: Resolution RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM VACORP RISK MANAGEMENT FOR REPAIRS TO THE HEALTH DEPARTMENT BUILDING WHEREAS, the County of Isle of Wight, Virginia has received insurance proceeds totaling eight thousand eight hundred forty six dollars ($8,846) for County building repairs; and, WHEREAS, the insurance proceeds need to be accepted and appropriated to the Risk Management Fund budget for FY 2015-16; and, WHEREAS, the insurance proceeds need to be budgeted to the department’s line item for building repairs for FY 2015-16. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eight thousand eight hundred forty six dollars ($8,846) or as much as shall be received from VaCorp Risk Management is hereby accepted and appropriated to the FY 2015- 16 Risk Management Fund budget. BE IT FURTHER RESOLVED that the appropriate department’s budget line item be increased by the amount of insurance proceeds to repair the building. BE IT FURTHER RESOLVED that the Interim County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this reimbursement and to do all things necessary to give this resolution effect. Adopted this 21st day of July, 2016. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Resolution to Accept and Appropriate Funding From the Virginia Coastal Zone Management Program for a Canoe/Kayak Launch BACKGROUND: In 2011, the pier and landing located at Carrollton Nike Park was severely damaged by Hurricane Irene. The original structure was utilized for fishing, crabbing, and enjoying scenic views of Jones Creek. The original design for the replacement of the pier and landing included a pier, a landing, and a gangway that connected the pier to an ADA accessible floating dock and metal canoe/kayak launch. The FEMA and insurance settlements received in 2013 were not enough to cover the entire project, so building the gangway, floating dock, and launch was postponed. Staff has been working with the Hampton Roads Planning District Commission to identify a funding source for completion of the project to install a canoe/kayak launch at the Nike Park Pier. The County is eligible to receive matching grant funding in the amount of $20,000 via the Virginia Coastal Zone Management Program. The local match for the grant is $17,800. BUDGETARY IMPACT: The local match from the County is $17,800 and funding is currently available in the FY2016-17 operating budget. RECOMMENDATION: Adopt a resolution to accept and appropriate funding from the Virginia Coastal Zone Management Program. ATTACHMENTS: Resolution July 21, 2016 RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VIRGINIA COASTAL ZONE MANAGEMENT PROGRAM TO INSTALL A CANOE/KAYAK LAUNCH AT NIKE PARK PIER WHEREAS, the pier and landing located at Carrollton Nike Park was severely damaged by Hurricane Irene in 2011; and, WHEREAS, FEMA and insurance settlements received by the County in 2013 were not enough to cover the entire pier and landing replacement project, so building the gangway, floating dock, and launch was postponed; and, WHEREAS, the County has applied for, and is eligible to receive, funding in the amount of twenty thousand dollars ($20,000) from the Virginia Department of Environment Quality’s Coastal Zone Management Program. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, that twenty thousand dollars ($1,875) or so much as shall be received from the Virginia Department of Environment Quality’s Coastal Zone Management Program be appropriated to the appropriate line item in the County’s FY 2016-17. BE IT FURTHER RESOLVED that the Interim 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 21st day of July, 2016. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Resolution to Congratulate Rushmere Volunteer Fire Department on the Occasion of Its 25th Anniversary BACKGROUND: The Rushmere Volunteer Fire Department (VFD) is celebrating its 25th Anniversary this year. Rushmere VFD began official operations in January 1991. Throughout its 25 year history, Rushmere VFD has remained committed to preserving lives and property through the provision of high quality fire services. RECOMMENDATION: Adopt a resolution in recognition of the 25th Anniversary of Rushmere VFD. ATTACHMENTS: Resolution RESOLUTION TO CONGRATULATE RUSHMERE VOLUNTEER FIRE DEPARTMENT ON THE OCCASION OF ITS 25TH ANNIVERSARY WHEREAS, the Rushmere Volunteer Fire Department (VFD) began officially serving the citizens of Isle of Wight County in January 1991; and, WHEREAS, the members of Rushmere VFD assisted in the funding of the Department’s original building and equipment; and, WHEREAS, throughout its 25-year history, Rushmere VFD has remained committed to preserving lives and property through the provision of high-quality fire services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia congratulates Rushmere Volunteer Fire Department on the occasion of its 25th Anniversary. Adopted this 21st day of July, 2016. Rex W. Alphin, Chairman __________________________________ Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney RESOLUTION TO CONGRATULATE Rushmere VOLUNTEER FIRE DEPARTMENT ON THE OCCASION OF ITS 25TH ANNIVERSARY W HEREAS, the Rushmere Volunteer Fire Department (VFD) began officially serving the citizens of Isle of Wight County in January 1991; and, W HEREAS, the members of Rushmere VFD assisted in the funding of the Department’s original building and equipment; and, W HEREAS, throughout its 25-year history, Rushmere VFD has remained committed to preserving lives and property through the provision of high-quality fire services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia congratulates Rushmere Volunteer Fire Department on the occasion of its 25th Anniversary. Adopted this 21st day of July, 2016. Rex W. Alphin, Chairman __________________________________ Carey Mills Storm, Clerk 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE NINETH DAY OF JUNE IN THE YEAR TWO THOUSAND AND SIXTEEN AT 5:00 P.M. PRESENT: Rex W. Alphin, Chairman Rudolph Jefferson, Vice-Chairman Joel C. Acree Richard L. Grice William M. McCarty Also Attending: Mark C. Popovich, County Attorney Sanford B. Wanner, Interim County Administrator Donald T. Robertson, Director of Information Resources and Legislative Affairs Carey Mills Storm, Clerk CALL TO ORDER/CLOSED MEETING At 5:00 p.m. the meeting was called to order by Chairman Alphin. County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A) of the Code of Virginia for the limited purpose of consultation with legal counsel employed by this public body regarding actual litigation with the International Paper Company, pursuant to subsection 7; consultation with legal counsel employed by this public body regarding the Request for Proposal to allow hunting on the Blackwater Property pursuant to subsection 7; consultation with legal counsel employed by this public body regarding Proffers pursuant to subsection 7; discussion regarding the appointment of specific appointees to County boards, committee or authorities pursuant to subsection 1; consultation with legal counsel employed by this public body regarding condemnation actions for Nike Park Trail with the Edwards’, pursuant to subsection 7; and, consultation with legal counsel employed by this public body regarding the Davis-Bacon Act violations by the schools pursuant to subsection 7. 2 Supervisor Jefferson moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Acree moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Acree 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: Acree, Alphin, Grice, Jefferson and McCarty NAYS: 0 3 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor McCarty moved that all proposals for the Blackwater RFP be rejected and a public hearing authorized to extend the current lease for one additional year. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. INVOCATION/PLEDGE OF ALLEGIANCE At 6:00 p.m., the invocation was delivered by Supervisor Acree followed by the Pledge of Allegiance to the Flag. APPROVAL OF AGENDA Supervisor Acree moved that the agenda be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. CITIZENS’ COMMENTS Albert Burckard, on behalf of the Isle of Wight Historical Society, requested that organization’s use of the 1820 Circuit Court Clerk’s office as a library and research room. He further requested that funds for the replacement of the original army steel and glass windows not be allocated. Chairman Alphin requested Interim County Administrator to address Mr. Burckard’ s requests and that Mr. Robertson bring back a report on the feasibility of the Society utilizing the building. Clara R. Jones of Jenkins Lane in Smithfield, on behalf of Thomas Park community residents, requested inclusion of that community in any future 4 County plans to upgrade the sewer line; that the speed limit from Little Zion Baptist Church to the Hardy Elementary School be reduced to 40-45 mph; and, that staff research who the current owners are of the field behind Jenkins Lane and Orchard Garden Lane which is overgrown, not being properly maintained and has a water drainage problem. Responsive to Supervisor Jefferson’s request of Mr. Wanner in conjunction with VDOT to investigate Ms. Jones’ concerns, Mr. Wanner advised that the speed concern will be addressed by VDOT, the Director of General Services will address the drainage issue and the Code Compliance Officer will investigate the overgrown lot. CONSENT AGENDA Supervisor McCarty moved that the following Consent Agenda be adopted as presented: A. Resolution to Designate July 2016 as Park and Recreation Month B. Resolution to Transfer Funds from the VDOT Local Funds Capital Account to the Turner Drive Turn Lane Capital Project Account to Provide for the Necessary Design Amendment C. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for Repairs to a County Vehicle ($660) D. Resolution to Amend Chapter 2: Financial and Accounting, Article I Central Purchasing of the Isle of Wight County Policy Manual E. Resolution to Accept and Appropriate Grant Funds for the Virginia Circuit Court Records Preservation Program ($20,629) F. April 14, 2016 Budget Work Session Minutes G. April 27, 2016 Budget Work Session Minute 5 H. May 4, 2016 Budget Work Session Minutes I. May 10, 2016 Special Meeting Minutes J. May 19, 2016 Regular Meeting Minutes The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS No regional reports were offered by the Board. APPOINTMENTS Supervisor Grice moved that Pamela Staha be appointed to serve on the Blackwater Regional Library Board representing the Smithfield District. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. COUNTY ATTORNEY’S REPORT Following a briefing by County Attorney Popovich that the Virginia General Assembly took action to adopt SB 549 which makes it unlawful for localities to accept “unreasonable” proffers and sets forth restrictions on a locality’s ability to accept proffers for new residential development and new residential uses, Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO RESCIND THE RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA AMENDING THE COUNTY CASH PROFFER POLICY; REPEAL CHAPTER 3 COMMUNITY AND ECONOMIC DEVELOPMENT, ARTICLE II, CASH PROFFERS FROM THE ISLE OF WIGHT COUNTY POLICY MANUAL; AND, RECOMMEND THE ISLE OF WIGHT COUNTY, VIRGINIA 6 PLANNING COMMISSION MAKE CERTAIN AMENDMENTS THE ISLE OF WIGHT COUNTY ZONING ORDINANCE WHEREAS, on March 8, 2016, SB 549 was signed into law by Governor McAuliffe which amends the Code of Virginia by adding Section 15.2- 2303.4 related to certain restrictions being placed upon localities in the acceptance of residential proffers; and, WHEREAS, there appears to be significant concern throughout the Commonwealth as to what impact this legislation may have once it goes into effect on July 1, 2016; and, WHEREAS, the Board of Supervisors deems it in the best interest of the citizens of Isle of Wight County, Virginia to if not reduce, at least limit, any potential liability that may be found to exist against the County when dealing with proffers. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors does hereby deem it appropriate to RESCIND the Resolution of the Board of Supervisors of Isle of Wight County, Virginia Amending the County Cash Proffer Policy adopted on January 16, 2014. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors does hereby REPEAL Chapter 3, Community and Economic Development, Article II, Cash Proffers from the Isle of Wight County Policy Manual. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors hereby formally recommends to the Isle of Wight County Planning Commission that the Isle of Wight Zoning Ordinance be amended to ensure: 1. That any applicant seeking a rezoning or proffer amendment after July 1, 2016 be required to pay for the cost of an independent proffer study to be done by a designated professional chosen by the County and the applicant; 7 2. That only the Zoning Administrator be authorized to speak on behalf of the County as it relates to such applications; 3. Require that any meetings between staff and an applicant will require the participation of the County Attorney or his designee; 4. Require an applicant, once a rezoning or amendment package is formally submitted, to execute an estoppel certificate that states all proffers contained in the package comply with Section 15.2-2303.4 of the Code of Virginia and the reasons why it complies; and 5. In the event an application is denied, require that such denial is formally expressed through the adoption of a resolution setting forth all facts as to why the denial was made based on specific land use issues. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. A Deed of Easement to Effectuate the Conveyance of the Sewage Disposal System in the Lawnes Pointe Subdivision to the Hampton Roads Sanitation District was presented by County Attorney Popovich. Supervisor Jefferson moved that the Chairman be authorized to execute the Deed of Easement. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARINGS Chairman Alphin called for a public hearing on the following: A. Ordinance to Designate as Exempt from Taxation All Real and Personal Property Owned or Operated by God’s Anointed Touch Ministries County Attorney Popovich spoke to the intent of the proposed Ordinance. 8 Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke in favor of or in opposition and the public hearing was closed. Supervisor Jefferson moved that the following Ordinance be adopted: AN ORDINANCE TO DESIGNATE AS EXEMPT FROM TAXATION ALL REAL AND PERSONAL PROPERTY OWNED OR OPERATED BY GOD’S ANOINTED TOUCH MINISTRIES BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: That, in accordance with Section 58.1-3651 of the Code of Virginia (1950, as amended), all real and personal property currently owned and operated, or which may be owned and operated in the future, by God’s Anointed Touch Ministries is hereby exempt from taxation by Isle of Wight County, Virginia for so long as God’s Anointed Touch Ministries continues to use such real and personal property in the furtherance of its operation as a charitable organization for religious purposes and for so long as God’s Anointed Touch Ministries remains in compliance with all federal, state and local laws and regulations related to the operation of such charitable organizations. This ordinance shall remain effective so long as God’s Anointed Touch Ministries complies with the triennial application process as set forth in the Isle of Wight County Policy Manual in accordance with Section 58.1-3605 of the Code of Virginia (1950, as amended). The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: 9 B. Resolution to Approve the Virginia Department of Transportation (VDOT) FY2017-2022 Secondary Six-Year Improvement Program (SSYIP) and Construction Priority List Jamie Oliver, Transportation Planner, provided a briefing on the secondary paving projects, reconstruction projects and maintenance cost centers contained in the County’s Six-Year Improvement Program. Chairman Alphin called for persons to speak in favor of or in opposition to the Resolution. No one appeared and spoke in favor or in opposition and the public hearing was closed. Supervisor Jefferson moved that the following Resolution and Construction Priority List be approved: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S SECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR FY 2017 THROUGH FY 2022 WHEREAS, Sections 33.1-23 and 33.1-23.4 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six-Year Improvement Program (SSYIP); and, WHEREAS, the Isle of Wight County Board has held a public hearing on the proposed Plan (FY 2016-FY 2021), in accordance with VDOT policies and procedures, on June 9, 2016 and all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2017-FY 2022). 10 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia hereby approves the Secondary Six- Year Improvement Program for FY 2017-2022 as presented at the public hearing. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts as necessary to proceed with the Program as approved. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR’S REPORT Tony Wilson, Director of Public Works, provided an update on new operating hours for County refuse and recycling centers effective July 1, 2016 and the methods of notification used to advise the public of the change in hours. Feedback from convenience center workers was relayed to the Board, followed by discussion regarding convenience center workers being able to once again earn annual and sick leave at a later date. Don Jennings, Director of Utility Services, advised that the County does not meet the criteria of a MS4 permit holder and the Municipal Separate Storm Sewer System (MS4) permit has been terminated and the Board was advised that it would be provided a full report when the benefits associated with the termination is analyzed by staff. Mr. Jennings briefed the Board regarding the need for the Boil Water Notice for the Rushmere water system. The following matters contained in the Board’s agenda were highlighted for informational purposes: Monthly Reports - Tax Levies & Collections as of March 2016; Isle of Wight County Monthly Fire/Emergency Medical 11 Services (EMS) Report – Incidents by Zone as of April 2016; Isle of Wight Website Statistics/May 2016. Interim County Administrator Wanner briefed the Board regarding the issuance of an RFP seeking consultant services to identify water intensive industries in places plagued by drought conditions and advised that he anticipates a contract to be issued this week to the successful proposer. UNFINISHED/OLD BUSINESS A report by the Commissioner of Revenue providing a timeline of events leading to an adjustment in the Business License rate and implementation of same was presented. 12 A request to install an 800 MHz public safety radio system with Motorola was presented by Interim County Administrator Wanner for the Board’s consideration. Supervisor Acree moved that the Chairman be authorized to execute an agreement with Motorola to install an 800 MHz Public Safety Radio System. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Mr. Wanner was requested to prepare a letter of thanks to Terry Hall and the City of Suffolk for their assistance in regard to the public safety radio system. NEW BUSINESS Following a recommendation from Jamie Oliver, Transportation Planner, to adopt a Resolution to Utilize the VDOT Local Funds Capital Account to Front-Fund the Preliminary Design on the Shirley Drive Sidewalk (UPC 31665) Project, Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO FUND AND COMPLETE PRELIMINARY DESIGN OF THE SHIRLEY DRIVE SIDEWALK (UPC 31665) PROJECT WHEREAS, the Isle of Wight County Board of Supervisors desires to collaborate with the Town of Windsor on priority transportation and community infrastructure projects which serve local residents; and, WHEREAS, the County has the staff resources, expertise, and funding available to initiate and complete preliminary design of the Shirley Drive sidewalk project; and, WHEREAS, funding is available in the County’s Secondary Six Year Improvement Plan (SSYIP) specifically for this project, and one hundred percent (100%) of preliminary design phase costs will be reimbursed by these SSYIP funds. 13 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the VDOT Local Funds capital account be utilized to front-fund the preliminary design on the Shirley Drive Sidewalk (UPC 31665) project. BE IT FURTHER RESOLVED that upon receipt of final reimbursement from VDOT, the total of funds expended for the project will be re- appropriated back to the VDOT Local Funds capital account for future projects. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all project documents and make such accounting adjustments and execute such agreements, work orders, contracts and other documents as necessary to give this resolution effect. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin requested a list of unused bond funds be provided to the Board. Chairman Alphin requested a report on the method VDOT uses to name a structure. Chairman Alphin requested that staff research the Balancing Act software whereby citizens can balance the County’s budget. Chairman Alphin requested that the Board be provided visuals of all three of the County’s Enterprise Zones at the Shirley T. Holland Commerce Park. Supervisor McCarty requested Mr. Wanner to develop a method by which citizens can be informed about volunteer efforts. 14 The Isle of Wight Alert system was discussed with respect to how notifications occur on that system. The public was advised that the interview process for a permanent County Administrator was moving along smoothly. ADJOURNMENT At 7:00 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 Organization Member Term Expires Hampton Roads Economic Development Alliance Grice January 2018 Hampton Roads Military Federal Facilities McCarty No Set Term Alliance Hampton Roads Planning District Commission Alphin No Set Term Sanford Wanner No Set Term Hampton Roads Transportation Accountability Chairman No Set Term Commission Hampton Roads Transportation Rex W. Alphin No Set Term Planning Organization Jefferson/Alternate No Set Term Southeastern Public Service Authority Popovich December 2017 Tony Wilson/Alternate December 2017 Western Tidewater Regional Jail Authority Alphin No Set Term Jefferson No Set Term Western Tidewater Water Authority Grice June 2018 Acree June 2018 Popovich/Alternate June 2018 Regional Reports - Page 2 (Appointed by Board Vote) 2016 BOARD MEMBER REGIONAL REPRESENTATIVE Boards/Commissions/Committees Appointee District Eligibility Recommendation Blackwater Regional Library Board Elizabeth Jones/RESIGNED Windsor June 2016 Resigned Board of Zoning Appeals David A. Holt/RESIGNED Carrsville May 2018 Resigned Historical Architectural Review Committee Durwood Scott Windsor Sept.2016 Reappoint Mr. Scott Western Tidewater Community Services Board Blake James Dec.2017 Resigned Expiration BOARDS/COMMISSIONS/COMMITTEES ISSUE: Special Presentation – Isle of Wight TRIAD BACKGROUND: The Isle of Wight TRIAD is a collaboration between senior citizens, senior organizations serving the County, and local law enforcement agencies focused on crime prevention for seniors. The goal of TRIAD is to reduce the fear of crime and victimization among seniors by increasing awareness of scams and frauds targeting them, strengthening communication between the law enforcement and senior communities, and educating seniors on local and state resources that are available in their community. Representatives of the Isle of Wight TRIAD would like to present a Certificate of Appreciation to the Board for its fiscal and other support since 1998. RECOMMENDATION: Receive a Certificate of Appreciation. ATTACHMENTS: Certificate of Appreciation T H I S C E R T I F I C A T E O F A P P R E C I A T I O N I S A W A R D E D T O S I N C E M A R C H 1 8 , 1 9 9 8 , T H E W I G H T C O U N T Y T R I A D S . A . L . T . C O U N C I L D O E S H E R E B Y R E C O G N I Z E T H E M A N Y C O N T R I B U T I O N S , S E R V I C E S , A N D F I S C A L S U P P O R T T H A T I S L E O F W I G H T C O U N T Y H A S M A D E O N B E H A L F O F T H E S E N I O R C I T I Z E N S O F I S L E O F W I G H T C O U N T Y , V A . IS L E O F W I G H T C O U N T Y T R I A D Is l e o f W i g h t C o u n t y T H E M A R V I N H O F F L E R C E R T I F I C A T E O F E X C E L L E N C E T H E M A R V I N H O F F L E R C E R T I F I C A T E O F E X C E L L E N C E T H E M A R V I N H O F F L E R C E R T I F I C A T E O F E X C E L L E N C E T H E M A R V I N H O F F L E R C E R T I F I C A T E O F E X C E L L E N C E July 21, 2016/MCP ISSUE: One-Year Extension of the Lease of Public Property to Isle of Wight Hunt Club BACKGROUND: On July 11, 2013, the Isle of Wight County Board of Supervisors entered into a Real Property Lease Agreement with the Isle of Wight Hunt Club for the purpose of allowing hunting to occur on Tax Map Parcel 27-01- 015. That lease agreement expired on June 30, 2016. While the Board of Supervisors continues to conduct its due diligence on how best to use the property going forward, it would be prudent to extend the lease agreement an additional year to ensure proper management of wildlife during the review period. BUDGETARY IMPACT: Extends the receipt of the annual rental payment $2,3967.60 for one (1) additional year. RECOMMENDATION: Following the Public Hearing, authorize the Chairman to execute the Real Property Lease Agreement Extension as presented. ATTACHMENTS: - Proposed Real Property Lease Agreement Extension - Aerial Map of Tax Map Parcel 27-01-015 REAL PROPERTY LEASE AGREEMENT EXTENSION THIS LEASE AGREEMENT EXTENSION (the “Extension”) is made and entered into on this ____ day of _______________________________, 2016 by and between ISLE OF WIGHT COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter the “Lessor”) and the ISLE OF WIGHT HUNT CLUB, a hunting club (hereinafter the “Lessee”). The Lessor and Lessee may hereinafter be referred to individually as a “Party” or jointly as the “Parties.” WITNESSETH: WHEREAS, the Lessor is the owner a certain parcel of land as more specifically described as Tax Map Parcel Number 27-01-015 (hereinafter the “Property”) as designated on Exhibit A; and WHEREAS, the Parties entered into a Real Property Lease Agreement (the “Agreement”) on July 11, 2013 for the purpose of allowing the Lessee the non-exclusive right to enter upon the Property to hunt, shoot and take legal game all in accordance with the laws and regulations of the Commonwealth of Virginia; and WHEREAS, the Lessor is willing to extend the term of the Agreement for one (1) additional year; NOW, THEREFORE, in consideration of the mutual promises and mutual covenants and conditions herein contained, it is agreed as follows: 1. The Term of the Agreement is hereby extended for one (1) additional year, commencing from the date of execution of this Extension until June 30, 2017, unless sooner terminated as provided in the Agreement. 2. In all other material respects, the terms and conditions set forth in the Agreement shall remain in full force and effect, including, but not limited to, the payment of rent for use of the Property. IN WITNESS WHEREOF, the Parties have caused this Extension to be executed by their duly authorized agents on the day and year first herein above set forth. Isle of Wight County, Virginia Isle of Wight Hunt Club (Lessor) (Lessee) By: By: Its: Its: Date: Date: Attest: Approved as to Form: By: By: Carey Mills Storm, Clerk Mark C. Popovich, County Attorney 2 EXHIBIT A BROADWATERR O A D BEAL E P L A C E D R I V E RATTLESNAKETRAIL S T R A W B E R R Y P L A IN S R O A D WHISPERINGPINESTRAIL BIG B UCKS LANE00.2 0.40.1 Miles Parcel 27-01-015 Blackwater River ² 27-01-015 July 21, 2016/MCP ISSUE: One-Year Extension of the Lease of Public Property to Mill Swamp Hunt Club BACKGROUND: On August 22, 2013, the Isle of Wight County Board of Supervisors entered into a Real Property Lease Agreement with the Mill Swamp Hunt Club for the purpose of allowing hunting to occur on Tax Map Parcels 16-01-007, 26-01-001, 26-01-002, 27-01-011, 27-01-012, 27-01-014 and 27-01-019. That lease agreement expired on June 30, 2016. While the Board of Supervisors continues to conduct its due diligence on how best to use the property going forward, it would be prudent to extend the lease agreement an additional year to ensure proper management of wildlife during the review period. BUDGETARY IMPACT: Extends the receipt of the annual rental payment $14,174.92 for one (1) additional year. RECOMMENDATION: Following the Public Hearing, authorize the Chairman to execute the Real Property Lease Agreement Extension as presented. ATTACHMENTS: - Proposed Real Property Lease Agreement Extension - Aerial Map of Tax Map Parcels 16-01-007B, 26-01-001, 26-01-002, 27-01-011, 27-01-012, 27-01-014 and 27-01-019 REAL PROPERTY LEASE AGREEMENT EXTENSION THIS LEASE AGREEMENT EXTENSION (the “Extension”) is made and entered into on this ____ day of _______________________________, 2016 by and between ISLE OF WIGHT COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter the “Lessor”) and the MILL SWAMP HUNT CLUB, a hunting club (hereinafter the “Lessee”). The Lessor and Lessee may hereinafter be referred to individually as a “Party” or jointly as the “Parties.” WITNESSETH: WHEREAS, the Lessor is the owner certain parcels of land as more specifically described as Tax Map Parcel Numbers 16-01-007, 26-01-001, 26-01-002, 27-01-012, 27-01-011, 27-01-014 and 27-01-019 (hereinafter the “Property”) as designated on Exhibit A; and WHEREAS, the Parties entered into a Real Property Lease Agreement (the “Agreement”) on August 22, 2013 for the purpose of allowing the Lessee the non-exclusive right to enter upon the Property to hunt, shoot and take legal game all in accordance with the laws and regulations of the Commonwealth of Virginia; and WHEREAS, the Lessor is willing to extend the term of the Agreement for one (1) additional year; NOW, THEREFORE, in consideration of the mutual promises and mutual covenants and conditions herein contained, it is agreed as follows: 1. The Term of the Agreement is hereby extended for one (1) additional year, commencing from the date of execution of this Extension until June 30, 2017, unless sooner terminated as provided in the Agreement. 2. In all other material respects, the terms and conditions set forth in the Agreement shall remain in full force and effect, including, but not limited to, the payment of rent for use of the Property. IN WITNESS WHEREOF, the Parties have caused this Extension to be executed by their duly authorized agents on the day and year first herein above set forth. Isle of Wight County, Virginia Mill Swamp Hunt Club (Lessor) (Lessee) By: By: Its: Its: Date: Date: Attest: Approved as to Form: By: By: Carey Mills Storm, Clerk Mark C. Popovich, County Attorney 2 EXHIBIT A RATTLES N A K E T R AIL B R OADWATE R R O A D RA M S E Y R O A D J O N E S T O W N D RIVE B EALE P L A C E D R I V E 0 0.3 0.60.15 Miles 16-01-007 26-01-001 26-01-002 27-01-012 27-01-011 27-01-014 27-01-019 Northern Area Blackwater River ² July 21, 2016/MCP ISSUE: Lease of Public Property to Stallings Farms, Inc. BACKGROUND: Stallings Farms, Inc. has been farming the land at Great Springs Road, which was acquired by Isle of Wight County for the construction of the new Isle of Wight Rescue Squad facility, for many years. After the property was acquired by the County, the farm operations were allowed to continue on the portion of the property not being used by the County. The original lease agreement was entered into in 2013. A renewal of said lease is now necessary in order to allow for the farm operation to continue. BUDGETARY IMPACT: Renewal of the lease extends the receipt of the annual rental payment $1,080 for an additional five (5) years. RECOMMENDATION: Following the Public Hearing, authorize the Intern County Administrator to execute the Lease Agreement as presented. ATTACHMENTS: Proposed Lease Agreement July 21, 2016/KEH ISSUE: Application of Ray and Lisa Betterton for an Exception to the Chesapeake Bay Preservation Area Ordinance, Specifically, Section 4002, to Allow for Encroachment into the 100-foot-wide Resource Protection Area Buffer to Build a Single-Family Home at 13604 Bowling Green Road in the Windsor Election District BACKGROUND: The applicants want to develop a lot platted in 1979, 11 years prior to the local Chesapeake Bay Preservation program. The request is to develop in the RPA on an existing concrete pad. The site also contains an existing septic system and driveway. The State Chesapeake Bay liaison approved the request on the basis that development on the existing concrete pad would cause less land disturbance than the alternative of establishing a new building footprint outside of the RPA. Of the 3.47 acres on this property, 2.78 acres, or 80%, is taken up by the RPA buffer. RECOMMENDATION: At its June 28, 2016 meeting, the Planning Commission approved the exception request by unanimous vote (10-0) with the condition that the approved principal structure be the only principal structure allowed on the property, consistent with Article 4, Section 4002 b.2. of the local Chesapeake Bay Preservation Area Ordinance. Staff recommends approval as conditioned. ATTACHMENTS: June PC staff report and all associated attachments July 21, 2016/RDR ISSUE: Application of American K-9 Interdiction, LLC, Applicant and Owner, for a Conditional Use Permit on 57.44 acres, Composed of Four Parcels of Land, Located at 4007 Burdette Road in the Carrsville Election District to Allow for a Shooting Range to be Operated on the Site BACKGROUND: In November 2009, the Isle of Wight County Board of Supervisors approved a Special Use Permit to allow for a commercial dog kennel for the training of dogs, storage of high explosives, and the boarding of military and civilian trainees on parcel 58-01-047. Subsequent actions in June 2010, January 2011, and February 2012 allowed for additional acreage to be included in the permit and minor revisions to the conditions. The applicant is now requesting a separate Conditional Use Permit to allow for a Shooting Range on the same property. The range would be open 7 days a week to the public for shooting and weapons training. After review by the Planning Commission, it was brought to the attention of staff that the applicant was operating this use without a permit and a Cease and Desist Notice was issued. Since that time the applicant has not made any effort to address any of the concerns expressed during the Planning Commission Meeting. RECOMMENDATION: At its May 24, 2016 meeting, the Planning Commission recommended denial of the Conditional Use Permit by a vote of 10-0. ATTACHMENTS: PC Staff Report and All Associated Attachments BUR D E T T E R O A D WALT E R S H I G H W A Y STEVE N S D R I V E RYL A N D L A N E Ü 0 500 1,000Feet Legend Road Center Lines Highway Corridor Overlay District Towns Development Service Districts Parcels County Boundary American K-9 Interdiction CUP Location Blowup Site WALT E R S H I G H W A Y BUR D E T T E R O A D STEVE N S D R I V E S P A R R O W L A N E LAWREN C E D R I V E STRI N G W O O D L A N E H O L L Y R U N D R I V E RIV E R R U N T R A I L MARL I N ' S L A N E RYL A N D L A N E Ü 0 500 1,000Feet Legend Road Center Lines Highway Corridor Overlay District Towns Development Service Districts Parcels County Boundary American K-9 Interdiction CUP Location Site WALT E R S H I G H W A Y BUR D E T T E R O A D STEVE N S D R I V E SPA R R O W L A N E RI V E R R U N T R A I L D U K E M E A D O W S L A N E RYL A N D L A N E COX S T R E E T BURDE T T E R O A D Legend Zoning GC GI GIC LC LI NC PD-MH PD-MX PD-R RAC ROAD RR SE SR UR VC Road Center Lines Highway Corridor Overlay District Village Centers Towns Development Service Districts Parcels County Boundary American K-9 Interdiction CUP Zoning Site 0 500 1,000Feet Ü July 21, 2016/RDR ISSUE: An Ordinance to Amend and Reenact the Following Section of the Isle of Wight County Code, Appendix B, Zoning: Article V, Supplementary Use Regulations for Residential Use Types, Section 5-5002.I (Home Occupation, Type I and II) in Order to Allow “Gunsmith” as a Type II Home Occupation with a Conditional Use Permit BACKGROUND: Based on citizen comments and a discussion with an ATF representative and Planning Staff, the Planning Commission, at its regular meeting in May 2016, directed staff to draft a revision to the County’s Zoning Ordinance to allow “Gunsmith” as a Home Occupation with a Conditional Use Permit. The proposed revision to the Zoning Ordinance will allow “Gunsmith” as a Home Occupation, Type II in the Rural Agricultural Conservation (RAC) and Rural Residential (RR) zoning districts with the approval of a Conditional Use Permit. RECOMMENDATION: At its June 28, 2016 meeting, the Planning Commission recommended approval of the Zoning Ordinance Amendment by a vote of 9-0. Staff recommends approval of the Zoning Ordinance Amendment as presented. ATTACHMENTS: - Ordinance to Amend and Reenact - Redline Ordinance Revisions • I. Home occupation, Type I and Type II. 1. Intent. ..... These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate in conjunction with residential uses. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations to not create an unfair competitive advantage over businesses located in commercially zoned areas. 2. Types of home occupations. ..... Recognizing the divergent needs of the developing areas of the county from the rural areas of the county, two (2) levels or types of home occupations have been established. Type I home occupations afford the greatest degree of protection to surrounding residents in those areas that are developing and becoming more suburban in nature. In contrast, Type II home occupations have been established to recognize the greater spaces between residents as well as the types of activities that are similar to those associated with the more traditional agricultural and forestry related activities found in the rural areas. 3. Uses for home occupation: Type I. ..... Type I home occupations are allowed in the following zoning districts: VC, NC, SE, SR, UR, PD-R, PD-MH, and PD-MX. The following is a representative listing of uses which may be conducted as Type I home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator: • Art, handicraft, music, writing, photography, or similar studios • Computer and home typing services • Direct sales product distribution as long as products are directly delivered to the customer • Dressmaker, seamstress, tailor • Babysitting (up to five (5) children) • Hair cutting and styling • Home typing or computer services • Mail-order sales for delivery directly to the customer • Non-principal offices of physician, dentist, veterinarian, insurance agent, real estate or similar profession • Offices of accountant, architect, engineer, surveyor, land planner, soil scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, management consultant or similar professional • Preparation of food for off-premises catering • Telephone sales and order-taking • Tutor 4. Uses for home occupation Type II. ..... Type II home occupations are allowed in the following zoning districts: RAC and RR. The following is a representative listing of uses that may be conducted as Type II home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator: • All Type I uses • Carpentry shop • Contractor businesses • Electronic sales and service • Facilities for service and repair of agricultural equipment and incidental sale of parts and supplies • Glazier's or painter shop Gunsmith with a conditional use permit • Heating, plumbing, or air conditioning services • Landscape and horticultural services • Limousine service • Machine shop/metal working provided all is completed in a completely enclosed building • Massage, physical therapy • Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no more than one (1) vehicle may be displayed at any time) • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure • Retail sales of agricultural, craft and woodworking products principally produced on-site • Taxidermy (See supplementary use regulations section 5-5005.AA) • Telephone answering service • Veterinary services • Waterman's operation with on-premises wholesale and retail sale prohibited • Wood working and furniture repair, upholstery and cabinet making 5. Uses that are prohibited as home occupations. ..... The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops, sale of fire arms, gunsmiths • Bed and breakfast • Fortune-teller, including a clairvoyant, a practitioner of palmistry, a phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts to predict the future or any other person who attempts to predict the future • Tattoo parlors 6. General standards for all home occupations. a. The maximum floor area devoted to home occupations shall not exceed twenty-five (25) percent of the finished floor area of the dwelling unit. b. More than one (1) home occupation may be permitted provided the total floor area used for all home occupations is not exceeded. c. No dwelling or structure shall be altered, occupied, or used in a manner, which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. d. There shall be no outside storage of goods, products, equipment, excluding motor vehicles, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. e. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. f. Off street parking shall be provided as appropriate for the specific nature of the home occupation. g. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in residential areas. h. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes. i. No equipment or process shall be used in a home occupation which creates noise in excess of sixty (60) dB(A) measured at the property line, or vibration, glare, noxious fumes, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls. j. No activity in conjunction with a home occupation shall be conducted that adversely impacts or disturbs adjoining property owners. k. Signs are permitted in accordance with article IX of this ordinance. Only one (1) sign shall be permitted regardless of the number of home occupations, and must be setback ten (10) feet from the road as measured from the front property line. l. All state, federal and local licenses and/or permits shall be obtained prior to operation. 7. Specific standards for Type I home occupations. a. Home occupations shall be confined to the primary dwelling. To conduct a home occupation in an accessory building, a conditional use permit must be obtained from the board of supervisors pursuant to section 1-1017. b. No one other than permanent residents of the dwelling shall be engaged or employed in such occupation. c. There shall be no display or storage of goods or products visible from the public right-of-way or adjacent property. d. Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed five (5) students at any one (1) time. e. Except in the RAC and RR districts, no commercial vehicles shall be parked or stored on the premises associated with the home occupation. 8. Specific standards for Type II home occupations. a. Storage of goods or products shall not exceed ten (10) percent of the finished floor area devoted to the home occupation. b. One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. c. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty (30) percent of the finished floor area of the dwelling unit. An ordinance to amend and reenact the following section of the Isle of Wight County Code, Appendix B, Zoning: Article V, Supplementary Use Regulations for Residential Use Types, Section 5-5002.I (Home Occupation, Type I and II) in order to allow “Gunsmith” as a Type II Home Occupation with a Conditional Use Permit. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article V, Supplementary Use Regulations for Residential Use Types, Section 5-5002.I (Home Occupation, Type I and II) of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5-5002(I): Home occupation, Type I and Type II. 1. Intent. ..... These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate in conjunction with residential uses. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations to not create an unfair competitive advantage over businesses located in commercially zoned areas. 2. Types of home occupations. ..... Recognizing the divergent needs of the developing areas of the county from the rural areas of the county, two (2) levels or types of home occupations have been established. Type I home occupations afford the greatest degree of protection to surrounding residents in those areas that are developing and becoming more suburban in nature. In contrast, Type II home occupations have been established to recognize the greater spaces between residents as well as the types of activities that are similar to those associated with the more traditional agricultural and forestry related activities found in the rural areas. 3. Uses for home occupation: Type I. ..... Type I home occupations are allowed in the following zoning districts: VC, NC, SE, SR, UR, PD-R, PD-MH, and PD-MX. The following is a representative listing of uses which may be conducted as Type I home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator: • Art, handicraft, music, writing, photography, or similar studios • Computer and home typing services • Direct sales product distribution as long as products are directly delivered to the customer • Dressmaker, seamstress, tailor • Babysitting (up to five (5) children) • Hair cutting and styling • Home typing or computer services • Mail-order sales for delivery directly to the customer • Non-principal offices of physician, dentist, veterinarian, insurance agent, real estate or similar profession • Offices of accountant, architect, engineer, surveyor, land planner, soil scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, management consultant or similar professional • Preparation of food for off-premises catering • Telephone sales and order-taking • Tutor 4. Uses for home occupation Type II. ..... Type II home occupations are allowed in the following zoning districts: RAC and RR. The following is a representative listing of uses that may be conducted as Type II home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator: • All Type I uses • Carpentry shop • Contractor businesses • Electronic sales and service • Facilities for service and repair of agricultural equipment and incidental sale of parts and supplies • Glazier's or painter shop Gunsmith with a conditional use permit • Heating, plumbing, or air conditioning services • Landscape and horticultural services • Limousine service • Machine shop/metal working provided all is completed in a completely enclosed building • Massage, physical therapy • Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no more than one (1) vehicle may be displayed at any time) • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure • Retail sales of agricultural, craft and woodworking products principally produced on-site • Taxidermy (See supplementary use regulations section 5-5005.AA) • Telephone answering service • Veterinary services • Waterman's operation with on-premises wholesale and retail sale prohibited • Wood working and furniture repair, upholstery and cabinet making 5. Uses that are prohibited as home occupations. ..... The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops • Bed and breakfast • Fortune-teller, including a clairvoyant, a practitioner of palmistry, a phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts to predict the future or any other person who attempts to predict the future • Tattoo parlors 6. General standards for all home occupations. a. The maximum floor area devoted to home occupations shall not exceed twenty-five (25) percent of the finished floor area of the dwelling unit. b. More than one (1) home occupation may be permitted provided the total floor area used for all home occupations is not exceeded. c. No dwelling or structure shall be altered, occupied, or used in a manner, which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. d. There shall be no outside storage of goods, products, equipment, excluding motor vehicles, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. e. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. f. Off street parking shall be provided as appropriate for the specific nature of the home occupation. g. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in residential areas. h. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes. i. No equipment or process shall be used in a home occupation which creates noise in excess of sixty (60) dB(A) measured at the property line, or vibration, glare, noxious fumes, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls. j. No activity in conjunction with a home occupation shall be conducted that adversely impacts or disturbs adjoining property owners. k. Signs are permitted in accordance with article IX of this ordinance. Only one (1) sign shall be permitted regardless of the number of home occupations, and must be setback ten (10) feet from the road as measured from the front property line. l. All state, federal and local licenses and/or permits shall be obtained prior to operation. 7. Specific standards for Type I home occupations. a. Home occupations shall be confined to the primary dwelling. To conduct a home occupation in an accessory building, a conditional use permit must be obtained from the board of supervisors pursuant to section 1-1017. b. No one other than permanent residents of the dwelling shall be engaged or employed in such occupation. c. There shall be no display or storage of goods or products visible from the public right-of-way or adjacent property. d. Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed five (5) students at any one (1) time. e. Except in the RAC and RR districts, no commercial vehicles shall be parked or stored on the premises associated with the home occupation. 8. Specific standards for Type II home occupations. a. Storage of goods or products shall not exceed ten (10) percent of the finished floor area devoted to the home occupation. b. One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. c. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty (30) percent of the finished floor area of the dwelling unit. Adopted this 21st day of July, 2016. ______________________________________ Rex W. Alphin Chairman of the Board of Supervisors Attest: _________________________________ Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark Popovich County Attorney July 21, 2016/RDR ISSUE: An Ordinance to Amend and Reenact the Following Sections of the Isle of Wight County Code, Appendix B, Zoning: Article V, Supplementary Use Regulations; Section 5007, Supplementary Use Regulations for Miscellaneous Use Types; in Order to Include a Provision for Exemption of Public Safety Communications Towers BACKGROUND: The County is currently undergoing design of a system overhaul of the public safety communications system. In order to ensure the most responsible use of county funds through a timely process staff is recommending the proposed ordinance amendment. The proposed amendment would exempt towers used primarily by governmental agencies for public safety communications and emergency services from the Conditional Use Permit process. The county has a variety of exemptions for governmental agencies throughout the ordinance currently, in order to ensure that projects which benefit the health, safety, and well-being of the public can be completed efficiently. RECOMMENDATION: At its April 26, 2016 meeting, the Planning Commission recommended approval of the Zoning Ordinance Amendment by a vote of 9-0. Staff recommends approval of the Zoning Ordinance Amendment as presented. ATTACHMENTS: PC Staff Report and All Associated Attachments Planning Commission Meeting May 10, 2016 RDR Communications Tower Exemption MEMORANDUM DATE: May 18, 2016 TO: Isle of Wight County Planning Commission FROM: Richard Rudnicki, AICP – Assistant Director of Planning and Zoning SUBJECT: Communications Tower Exemption Isle of Wight County currently has significant issues in the area of public safety communications. Areas of the county have limited or non-existent communications coverage resulting in our first responders being at higher risk when responding to calls. In order to remedy this situation the county has secured radio frequencies, allocated funding, and has contracted a consultant for locating and designing the necessary system-wide upgrade. In order to ensure the most responsible use of county funds through a timely process staff is recommending the proposed ordinance amendment. The proposed amendment would exempt towers used primarily by governmental agencies for public safety communications and emergency services. The county has a variety of exemptions for governmental agencies throughout the ordinance currently, in order to ensure projects which benefit the health, safety, and well-being of the public can be completed easily. Please contact me at 757-365-6276, or by email at rrudnicki@iwus.net should you have any questions. Planning Commission Meeting May 10, 2016 RDR Communications Tower Exemption MEMORANDUM DATE: June 15, 2016 TO: Isle of Wight County Planning Commission FROM: Richard Rudnicki, AICP – Assistant Director of Planning and Zoning SUBJECT: Communications Tower Exemption In response to our discussion at the May 24, 2016 meeting I have revised the public safety communications towers exemption language. Attached you will find a new redline version which clearly identifies that only the Conditional Use Permit process is being exempted. These towers will still need to meet the design requirements of the Zoning Ordinance, which will be determined by site plan review. I believe these changes address the concerns discussed during the May meeting while also helping expedite these facilities needed to benefit the health, safety, and well-being of the public. Please contact me at 757-365-6276, or by email at rrudnicki@iwus.net should you have any questions. Page 1 Sec. 5-5007. - Supplementary use regulations for miscellaneous use types. A. Reserved. B. Amateur radio tower. 1. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia. 2. The following setback requirements shall apply to all towers and antennas: a. The tower must be set back from any off-site residential structure no less than the full height of the tower structure and height of any mounted antenna. b. Towers, guys and accessory facilities must satisfy the minimum setback requirements for primary structures. C. Aviation facility. ..... An aircraft landing area or airport may be permitted, provided: 1. A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual flight rules shall be submitted with the use permit application. 2. For fixed-wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all runways shall be secured through ownership or easement, but, in no case, shall the end of a runway be closer than two hundred (200) feet from any property line. 3. For both fixed- and rotary-wing aircraft, neither the landing area nor any building, structure, or navigational aid shall be located within four hundred (400) feet of any property line adjacent to a residential district or use. i. Landing areas for rotary-wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. D. Communication tower (and associated substation). 1. General description. ..... The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to: a. Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community. b. Encourage strongly the joint use of new and existing tower sites. c. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. d. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. e. To provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county. This section is intended to comply with all federal and state regulations. 2. Applicability. ..... This section shall not govern any tower, or the installation of any antenna, that is: a. Under fifty (50) feet in height; b. Owned and operated by a federally licensed amateur radio station operator; or c. Used exclusively for receive only antennas for amateur radio station operation; or d. Used solely as part of an agricultural operation. Page 2 e. Towers or antennas used primarily by governmental agencies for public safety communications and emergency services are exempt from the Conditional Use Permit process, provided they meet the guidelines set forth by 5-5007 D 13 and 14 of the Zoning Ordinance as determined through the Preliminary Site Development Plan process. 3. Existing structures and towers. ..... The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA (Federal Aviation Administration) or other applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co-location": a. All utilities required will be placed beneath the surface of the ground. b. Commercial wireless service co-locations shall not include facilities for transmitting or receiving signals by governmental agencies. c. All co-locations must be in compliance with Federal Communication Commission (FCC) standards for non-ionizing electromagnetic emissions. In addition, a non-ionizing electromagnetic radiation (NIER) report shall be required for any proposed co-location if an impact analysis for that co-location port was not included within the NIER report submitted at the tower approval stage. 4. General guidelines and requirements. a. Must consider county-owned locations first in considering new builds. b. Must agree up front to escrow or payment in lieu of escrow. c. Principal or accessory use: i. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. ii. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. iii. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. iv. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. 5. Inventory of existing sites. ..... Each applicant for an antenna and or tower shall provide to the department of planning and zoning an inventory of its existing facilities that are either within the locality or within five (5) miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The department of planning and zoning may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that department of planning and zoning shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable. 6. Design and lighting requirements. ..... The requirements set forth in this section shall govern the location of all owners and the installation of all antennas governed by this section; provided, Page 3 however, that the board of supervisors may waive any of these requirements if it determines that the goals of this section are better served thereby. a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federation Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. b. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures. c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. d. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. e. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. f. To permit co-location, the tower may be required to be designed and constructed to permit extensions. 7. Federal requirements. ..... All towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night-migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. 8. Building codes. ..... To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. 9. Information required for conditional use permit. ..... Each applicant requesting a conditional use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require other information to be necessary to assess compliance with this section. Additionally, the applicant shall: a. Provide actual photographs of the site from all geographic directions (north, south, east, and west) and from any additional vantage point specified by the zoning administrator; and b. Erect a temporary structural marker of fluorescent color, not less than ten (10) feet in height and two (2) feet in diameter, to mark the base of the proposed tower on the site. The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid-ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic/significant areas. Page 4 In addition to the above required information, the applicant shall also submit the following: a. An engineering report from a qualified radio-frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co-location antennae and the minimum required separation distances between antennae to ensure no frequency interference. b. An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following: i. The tower height and design including cross-section and elevation. ii. Structural mounting designs and materials list. iii. Certification that the proposed tower is compatible for co-location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate. c. The applicant shall provide copies of its co-location policy. d. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennae are no higher in elevation than necessary. e. The personal communications service carrier shall be a co-applicant for all applications. f. For the purpose of determining the tower's suitability for use in the case of a local, state, or national emergency, the applicant shall provide written information specifying what measures will be provided to accomplish continued communications operations in the event of power outages caused by a manmade or natural disaster, i.e., backup generators, etc. 10. Factors considered in granting conditional use permits for new towers. ..... The board of supervisors of Isle of Wight County shall consider the following factors in determining whether to issue a conditional use permit for new towers. The board of supervisors may waive or reduce the burden on the applicant of one (1) or more of these criteria if the board of supervisors concludes that the goals of this section are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of the uses of adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; h. Co-location policy; i. Language of the lease agreement dealing with co-location; j. Consistency with the comprehensive plan and the purposes to be served by zoning; k. Availability of suitable existing towers and other structures as discussed below; l. Proximity to commercial or private airports; and m. Level of emergency preparedness for the individual site and contribution to the county-wide emergency response plan. 11. Availability of suitable existing towers or other structures. ..... No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors of Page 5 Isle of Wight County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted should consist of the following: a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements; b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements; c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and can not be retrofitted to accommodate additional users; d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna; e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding tower or structure for sharing are unreasonable; and f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 12. Setbacks. ..... The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may reduce the standard setback requirements if the goals of this section would be better served thereby. a. The tower must be set back from any off-site residential structure no less than four hundred (400) feet. b. A setback of one (1) foot horizontally for each foot in height shall be provided from the base of the tower structure to any adjoining property line (other than the property of the lessor). c. Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures. 13. Security fencing. ..... Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements, as it deems appropriate. 14. Landscaping. ..... The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements if the goals of this section would be better served thereby: a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities. b. In locations in which the board of supervisors of Isle of Wight County finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether. c. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the board of supervisors of Isle of Wight County may determine the natural growth around the property perimeter may be sufficient buffer. Page 6 d. Existing trees within the lesser of two hundred (200) feet or the area controlled by the applicant/owner shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. 15. Local government access. ..... Owners of towers shall provide the county a right of first refusal for co-location opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the co-location requirement of subsection 9.a., of this section. 16. Removal of abandoned antennas and towers. ..... Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to insure that the funds necessary for removal are available to the county in the event the structure is abandoned. 17. Required yearly report. ..... The owner of each such antenna or tower shall submit a report to the board of supervisors of Isle of Wight County once a year, no later than July 1. The report shall state the current user status of the tower. 18. Review fees. ..... Any out-of-pocket costs incurred for review by a licensed engineer of any of the above-required information shall be paid by the applicant. E. Composting system, confined vegetative waste or yard. 1. All composting operations shall submit the following in order to make application for a conditional use permit: a. A written plan operation demonstrating the composting facility owner and operators understand and will apply the principles and proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment, and the intended use of the compost. b. The plan shall include standards for siting, design, construction, operation, closure, and permitting procedures for vegetative waste management facilities, including yard waste composting facilities. c. The plan shall also specifically address odor minimization, including seasonal variations that effect wind velocity and direction shall be described. 2. All state, federal and local permits shall be obtained and submitted to the department of planning and zoning prior to operation. 3. A composting system shall not include the land application of compostable organic material to forestall or agricultural lands. F. Reconstructed wetland. 1. Intent. ..... The purpose of requiring a conditional use permit is to ensure consistency with the comprehensive plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long-term land use that is expensive and difficult to re-permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the county. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration in evaluating the conditional use permit request. G. Shooting range, outdoor. Page 7 1. General standards: a. The site or area used as a shooting range or match shall be fenced, posted every fifty (50) feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large. b. The county sheriff shall review and make recommendations for the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guideline, the following distances shall be maintained unless modified in writing by the county sheriff: i. The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than three hundred (300) feet; ii. Where a backstop is utilized to absorb the discharged load, the minimum distance may be two hundred (200) feet; and iii. No firing point shall be located within one hundred (100) feet of an adjoining property line. H. Turkey shoot. 1. General standards: a. A turkey shoot shall be on a site of not less than three (3) acres. b. The firing line or points shall be located at least one hundred (100) feet from any public road. c. The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than six hundred (600) feet, or an earthen backstop of twenty (20) feet or greater shall be provided a minimum of two hundred (200) feet from the firing line. d. Shotguns only shall be used in a turkey shoot. e. The use or discharge of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m. f. A zoning permit shall be valid for a period not to exceed sixty (60) consecutive days. g. A turkey shoot shall not be conducted on the same property for more than ninety (90) days in any twelve-month period. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13; 7-17-14.) An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B, Zoning: Article V, Supplementary use regulations; Section 5007, Supplementary use regulations for miscellaneous use types; in order to create an exemption for public safety and emergency services communications towers. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article V, Supplementary use regulations, Section 5-5007, Supplementary use regulations for miscellaneous use types; of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5-5007. - Supplementary use regulations for miscellaneous use types. A. Reserved. B. Amateur radio tower. 1. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia. 2. The following setback requirements shall apply to all towers and antennas: a. The tower must be set back from any off-site residential structure no less than the full height of the tower structure and height of any mounted antenna. b. Towers, guys and accessory facilities must satisfy the minimum setback requirements for primary structures. C. Aviation facility. ..... An aircraft landing area or airport may be permitted, provided: 1. A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual flight rules shall be submitted with the use permit application. 2. For fixed-wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all runways shall be secured through ownership or easement, but, in no case, shall the end of a runway be closer than two hundred (200) feet from any property line. 3. For both fixed- and rotary-wing aircraft, neither the landing area nor any building, structure, or navigational aid shall be located within four hundred (400) feet of any property line adjacent to a residential district or use. i. Landing areas for rotary-wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. D. Communication tower (and associated substation). 1. General description. ..... The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to: a. Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community. b. Encourage strongly the joint use of new and existing tower sites. c. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. d. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. e. To provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county. This section is intended to comply with all federal and state regulations. 2. Applicability. ..... This section shall not govern any tower, or the installation of any antenna, that is: a. Under fifty (50) feet in height; b. Owned and operated by a federally licensed amateur radio station operator; or c. Used exclusively for receive only antennas for amateur radio station operation; or d. Used solely as part of an agricultural operation. e. Towers or antennas used primarily by governmental agencies for public safety communications and emergency services are exempt from the Conditional Use Permit process, provided they meet the guidelines set forth by 5-5007 D 13 and 14 of the Zoning Ordinance as determined through the Preliminary Site Development Plan process. 3. Existing structures and towers. ..... The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA (Federal Aviation Administration) or other applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co-location": a. All utilities required will be placed beneath the surface of the ground. b. Commercial wireless service co-locations shall not include facilities for transmitting or receiving signals by governmental agencies. c. All co-locations must be in compliance with Federal Communication Commission (FCC) standards for non-ionizing electromagnetic emissions. In addition, a non-ionizing electromagnetic radiation (NIER) report shall be required for any proposed co-location if an impact analysis for that co-location port was not included within the NIER report submitted at the tower approval stage. 4. General guidelines and requirements. a. Must consider county-owned locations first in considering new builds. b. Must agree up front to escrow or payment in lieu of escrow. c. Principal or accessory use: i. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. ii. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. iii. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. iv. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. 5. Inventory of existing sites. ..... Each applicant for an antenna and or tower shall provide to the department of planning and zoning an inventory of its existing facilities that are either within the locality or within five (5) miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The department of planning and zoning may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that department of planning and zoning shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable. 6. Design and lighting requirements. ..... The requirements set forth in this section shall govern the location of all owners and the installation of all antennas governed by this section; provided, however, that the board of supervisors may waive any of these requirements if it determines that the goals of this section are better served thereby. a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federation Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. b. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures. c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. d. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. e. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. f. To permit co-location, the tower may be required to be designed and constructed to permit extensions. 7. Federal requirements. ..... All towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night-migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. 8. Building codes. ..... To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. 9. Information required for conditional use permit. ..... Each applicant requesting a conditional use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require other information to be necessary to assess compliance with this section. Additionally, the applicant shall: a. Provide actual photographs of the site from all geographic directions (north, south, east, and west) and from any additional vantage point specified by the zoning administrator; and b. Erect a temporary structural marker of fluorescent color, not less than ten (10) feet in height and two (2) feet in diameter, to mark the base of the proposed tower on the site. The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid-ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic/significant areas. In addition to the above required information, the applicant shall also submit the following: a. An engineering report from a qualified radio-frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co-location antennae and the minimum required separation distances between antennae to ensure no frequency interference. b. An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following: i. The tower height and design including cross-section and elevation. ii. Structural mounting designs and materials list. iii. Certification that the proposed tower is compatible for co-location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate. c. The applicant shall provide copies of its co-location policy. d. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennae are no higher in elevation than necessary. e. The personal communications service carrier shall be a co-applicant for all applications. f. For the purpose of determining the tower's suitability for use in the case of a local, state, or national emergency, the applicant shall provide written information specifying what measures will be provided to accomplish continued communications operations in the event of power outages caused by a manmade or natural disaster, i.e., backup generators, etc. 10. Factors considered in granting conditional use permits for new towers. ..... The board of supervisors of Isle of Wight County shall consider the following factors in determining whether to issue a conditional use permit for new towers. The board of supervisors may waive or reduce the burden on the applicant of one (1) or more of these criteria if the board of supervisors concludes that the goals of this section are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of the uses of adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; h. Co-location policy; i. Language of the lease agreement dealing with co-location; j. Consistency with the comprehensive plan and the purposes to be served by zoning; k. Availability of suitable existing towers and other structures as discussed below; l. Proximity to commercial or private airports; and m. Level of emergency preparedness for the individual site and contribution to the county-wide emergency response plan. 11. Availability of suitable existing towers or other structures. ..... No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors of Isle of Wight County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted should consist of the following: a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements; b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements; c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and can not be retrofitted to accommodate additional users; d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna; e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding tower or structure for sharing are unreasonable; and f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 12. Setbacks. ..... The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may reduce the standard setback requirements if the goals of this section would be better served thereby. a. The tower must be set back from any off-site residential structure no less than four hundred (400) feet. b. A setback of one (1) foot horizontally for each foot in height shall be provided from the base of the tower structure to any adjoining property line (other than the property of the lessor). c. Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures. 13. Security fencing. ..... Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements, as it deems appropriate. 14. Landscaping. ..... The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements if the goals of this section would be better served thereby: a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities. b. In locations in which the board of supervisors of Isle of Wight County finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether. c. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the board of supervisors of Isle of Wight County may determine the natural growth around the property perimeter may be sufficient buffer. d. Existing trees within the lesser of two hundred (200) feet or the area controlled by the applicant/owner shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. 15. Local government access. ..... Owners of towers shall provide the county a right of first refusal for co-location opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the co-location requirement of subsection 9.a., of this section. 16. Removal of abandoned antennas and towers. ..... Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to insure that the funds necessary for removal are available to the county in the event the structure is abandoned. 17. Required yearly report. ..... The owner of each such antenna or tower shall submit a report to the board of supervisors of Isle of Wight County once a year, no later than July 1. The report shall state the current user status of the tower. 18. Review fees. ..... Any out-of-pocket costs incurred for review by a licensed engineer of any of the above-required information shall be paid by the applicant. E. Composting system, confined vegetative waste or yard. 1. All composting operations shall submit the following in order to make application for a conditional use permit: a. A written plan operation demonstrating the composting facility owner and operators understand and will apply the principles and proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment, and the intended use of the compost. b. The plan shall include standards for siting, design, construction, operation, closure, and permitting procedures for vegetative waste management facilities, including yard waste composting facilities. c. The plan shall also specifically address odor minimization, including seasonal variations that effect wind velocity and direction shall be described. 2. All state, federal and local permits shall be obtained and submitted to the department of planning and zoning prior to operation. 3. A composting system shall not include the land application of compostable organic material to forestall or agricultural lands. F. Reconstructed wetland. 1. Intent. ..... The purpose of requiring a conditional use permit is to ensure consistency with the comprehensive plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long-term land use that is expensive and difficult to re-permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the county. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration in evaluating the conditional use permit request. G. Shooting range, outdoor. 1. General standards: a. The site or area used as a shooting range or match shall be fenced, posted every fifty (50) feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large. b. The county sheriff shall review and make recommendations for the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guideline, the following distances shall be maintained unless modified in writing by the county sheriff: i. The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than three hundred (300) feet; ii. Where a backstop is utilized to absorb the discharged load, the minimum distance may be two hundred (200) feet; and iii. No firing point shall be located within one hundred (100) feet of an adjoining property line. H. Turkey shoot. 1. General standards: a. A turkey shoot shall be on a site of not less than three (3) acres. b. The firing line or points shall be located at least one hundred (100) feet from any public road. c. The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than six hundred (600) feet, or an earthen backstop of twenty (20) feet or greater shall be provided a minimum of two hundred (200) feet from the firing line. d. Shotguns only shall be used in a turkey shoot. e. The use or discharge of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m. f. A zoning permit shall be valid for a period not to exceed sixty (60) consecutive days. g. A turkey shoot shall not be conducted on the same property for more than ninety (90) days in any twelve-month period. Adopted this 21st day of July, 2016 , Chairman Board of Supervisors Rex Alphin Attest: _________________________________ Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark Popovich County Attorney July 21, 2016/MCP ISSUE: Ordinance to Amend and Reenact the Isle of Wight County Code Regarding Dangerous and Vicious Dogs; Cruelty to Animals BACKGROUND: The Code of Virginia authorizes localities to adopt local ordinances setting forth the requirements for a finding by a court of law that a dog is dangerous or vicious, as well for the prevention of cruelty to animals in general. In order to ensure compliance with state law, technical amendments to the County’s local ordinance are required. BUDGETARY IMPACT: None RECOMMENDATION: Following the Public Hearing, adopt the proposed ordinance as presented. ATTACHMENTS: Proposed Ordinance Revisions AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING ARTICLE II. DOGS AND CATS. CHAPTER 3. ANIMALS AND FOWL. SECTION 3-24. CONTROL OF DANGEROUS OR VICIOUS DOGS.; AND BY ENACTING SECTION 3-24.1. CONTROL OF VICIOUS DOGS.; AND, BY AMENDING AND REENACTING ARTICLE IV. CRUELTY TO ANIMALS. SECTION 3-29. CRUELTY TO ANIMALS; PENALTY WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to revise its local ordinance related to dangerous or vicious dogs to conform with state law; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 3. Animals and Fowl. Section 3-24 be amended and reenacted as follows: Sec. 3-24. - Control of dangerous or vicious dogs. (a) As used in this section, "dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat. When a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous: (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (ii) if both animals are owned by the same person; (iii) if such attack occurs on the property of the attacking or biting dog’s owner or custodian; or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog is not dangerous or a threat to the community. "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person; (ii) inflicted serious injury to a person; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or an animal control officer pursuant to the provisions of subsection (k), that it is a dangerous dog, provided that its owner has been given notice of that finding. (b) Any law enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within the county is a dangerous or vicious dog shall apply to a magistrate serving the county for the issuance of a summons requiring the owner or custodian, if known, to appear before the General District Court in Isle of Wight County. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this divisionsection. Further, if the court, upon finding the animal to be a dangerous dog, may order the owner, custodian, or harborer to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal and may, at the court’s discretion, also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Section 3.2-6562 of the Code of Virginia (1950, as amended).The procedure for appeal and trial shall be the same as provided by law for misdemeanors and the County shall be required to prove the case beyond a reasonable doubt. (c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall ownership of a particular breed of canine or canine crossbreed be prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was: (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous or vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous or vicious dog. (d) The owner of any animal found to be a dangerous dog shall, within forty-five (45) days of such finding, obtain a dangerous dog registration certificate from the local animal control officer for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous dog is deceased, Aall certificates obtained pursuant to this subsection shall be updated and renewed annually for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, the same fee and in the same manner as the initial certificate was obtained. The animal control officer shall post registration information on the Virginia Dangerous Dog Registry. (e) All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence: (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the owner has liability insurance coverage, to the value of at least one hundred thousand dollars, that covers animal bites; and (iv) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000. (f) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of natureWhile so confined within the structure, the animal shall be provided for according to Section 3-3 of this ordinance. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (g) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (h) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal: (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. In addition, the owner shall cause the local animal control officer to be promptly notified of (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attach by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) chip identification information; (vii) proof of insurance or surety bond; and (vii) the death of the dog. (i) The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this section shall be guilty of a Class 1 misdemeanor. Upon conviction, the court may (i) order the dangerous dog to be disposed of or (ii) grant the owner up to 45 days to comply with the requirements of this section, during which time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the court, the court shall order the dangerous dog disposed of. The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner. (j) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a: (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; or (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury.; The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. (jk) All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this division, shall be paid into a special dedicated fund in the Isle of Wight County treasury for the purpose of paying the expenses of any animal control officer training required under Section 3.2-6556 of the Code of Virginia (1950, as amended). (kl) Notwithstanding the provisions of subsection (c) of this section, any animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this chapter. If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits. (11-18-04; 5-1-14.) (STATE LAW REFERENCE—Sec. 3.2-6540 and 3.2-6540.1 of the Code of Virginia (1950, as amended).) BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 3. Animals and Fowl. be further amended by enacting Section 3-24.1 as follows: Sec. 3-24.1 - Control of vicious dogs. (a) As used in this section, “serious injury” means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention. “Vicious dog” means a canine or canine crossbreed that has (i) killed a person, (ii) inflicted serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as may have been authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding. (b) Any law-enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within the county is a vicious dog shall apply to a magistrate serving the county for the issuance of a summons requiring the owner or custodian, if known, to appear before the Isle of Wight General District Court at a specified time. The summons shall advise the owner of the nature of the proceeding and the Formatted: Left Formatted: Justified Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with applicable law. The court, upon finding the animal to be a vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or to the estate of any person killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such vicious dog from the time the animal is taken into custody until such time as the animal is disposed of. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. The county shall be required to prove its case beyond a reasonable doubt. (c) No canine or canine crossbreed shall be found to be a vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a vicious dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a vicious dog. No animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a vicious dog. (d) Any owner or custodian of a canine or canine crossbreed or other animal whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of such dog or other animal attacking and causing serious injury to any person is guilty of a Class 6 felony. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner's Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. (STATE LAW REFERENCE—Sec. 3.2-6540.1 of the Code of Virginia (1950, as amended).) BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 3. Animals and Fowl. be further amended by amending and reenacting Section 3-29 as follows: (a) Any person who: (i) overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills an animal, whether belonging to himself or another; (ii) deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iv) ropes, lassoes, or otherwise obstructs or interferes with one or morelegs of an equine in order to intentionally cause it to trip or fall for the purpose of engagement in a rodeo, contest, exhibition, entertainment, or sport unless such actions are in the practice of accepted animal husbandry or for the purpose of allowing veterinary care; (v) willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (vi) carries or causes to be carried by any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (vii) causes any of the above things, or being the owner of such animal permits such acts to be done by another is guilty of a Class 1 misdemeanor. In addition to the penalties provided in this subsection, the court may, in its discretion, require any person convicted of a violation of this subsection to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted. (b) Nothing in this Article section shall be construed to prohibit the dehorning of cattle conducted in a reasonable and customary manner. (c) This article section shall not prohibit authorized wildlife management activities or hunting, fishing, trapping, or farming activities as regulated under the Code of Virginia (1950, as amended). (6-18-15.) (e) Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals. Formatted: Font: Arial, 12 pt Formatted: incr0, Justified, Space After: 10 pt, Linespacing: Multiple 1.15 li Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Adopted this 21st day of July, 2016 Rex Alphin, Chairman Board of Supervisors Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney ISSUE: Resolution Authorizing the Issuance of General Obligation Public Improvement Bonds of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed $8,000,000 BACKGROUND: At its regular meeting on June 9, 2016, the Board adopted a motion authorizing the Chairman to execute an agreement with Motorola to install an 800 MHz Public Safety Radio System. In this regard, staff is worked in coordination with the County’s financial advisors to identify the best financing vehicle for the project. In order to facilitate financing for the project, General Obligation Public Improvement Bonds in an amount not to exceed $8,000,000 need to be issued. BUDGETARY IMPACT: The issuance of general obligation bonds will result in an interest-only payment of $150,000 that is currently included in the FY2016-17 operating budget. RECOMMENDATION: Following the Public Hearing, adopt appropriate resolutions to authorize the issuance of General Obligation Public Improvement Bonds in an amount not to exceed $8,000,000. ATTACHMENTS: - Resolution Authorizing the Issuance of General Obligation Public Improvement Bonds of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed $8,000,000 - Resolution Providing for the Issuance, Sale and Award of a General Obligation Public Improvement Bond of Isle of Wight County, Virginia, in a Principal Amount not to Exceed $8,000,000, and Providing for the Form, Details and Payment Thereof July 21, 2016 COVERING CERTIFICATE FOR RESOLUTION The undersigned Clerk of the Board of Supervisors (the “Board”) of Isle of Wight County, Virginia (the “County”), certifies as follows: 1. Attached hereto is a true, correct and complete copy of a resolution entitled “RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000” (the “Resolution”). The Resolution was adopted at a regular meeting of the Board held on July 21, 2016, by a majority of all members of the Board by a roll-call vote. 2. The Board meeting at which the Resolution was adopted was held at the time and place established by the Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended. The minutes of such meeting reflect the attendance of the members and their votes on the Resolution as follows: Member Attendance (Present/Absent) Vote (Aye/Nay/Abstain) Joel C. Acree Rex W. Alphin Richard L. “Dick” Grice Rudolph Jefferson William M. McCarty 3. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the Board of Supervisors of Isle of Wight County, Virginia, this ____ day of July, 2016. ______________________________________ (SEAL) Clerk, Board of Supervisors, Isle of Wight County, Virginia RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000 WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code of Virginia of 1950, as amended (the “Code”), Isle of Wight County, Virginia (the “County”), has elected by affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. It is determined to be necessary and expedient for the County to finance the acquisition, construction and equipping of facilities and equipment related to public safety purposes and uses (the “Project”), to borrow money for such purpose and to issue the County’s general obligation public improvement bonds therefor. 2. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, there are authorized to be issued general obligation public improvement bonds of the County in a principal amount not to exceed $8,000,000 to provide funds to finance the cost of the Project. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Board may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the County for the payment of principal of and premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 5. The County intends that the adoption of this resolution be considered as “official intent” within the meaning of Treasury Regulations, Section 1.150-2, promulgated under the Internal Revenue Code of 1986, as amended. 6. The Clerk of the Board, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this resolution in the Circuit Court of Isle of Wight County, Virginia. 7. This resolution shall take effect immediately. COVERING CERTIFICATE FOR RESOLUTION The undersigned Clerk of the Board of Supervisors (the “Board”) of Isle of Wight County, Virginia (the “County”), certifies as follows: 1. Attached hereto is a true, correct and complete copy of a resolution entitled “RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF” (the “Resolution”). The Resolution was adopted at a regular meeting of the Board held on July 21, 2016, by a majority of all members of the Board by a roll-call vote. 2. The Board meeting at which the Resolution was adopted was held at the time and place established by the Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended. The minutes of such meeting reflect the attendance of the members and their votes on the Resolution as follows: Member Attendance (Present/Absent) Vote (Aye/Nay/Abstain) Joel C. Acree Rex W. Alphin Richard L. “Dick” Grice Rudolph Jefferson William M. McCarty 3. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the Board of Supervisors of Isle of Wight County, Virginia, this ____ day of July, 2016. ______________________________________ (SEAL) Clerk, Board of Supervisors, Isle of Wight County, Virginia RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code of Virginia of 1950, as amended, Isle of Wight County, Virginia (the “County”), has elected by affirmative vote of the qualified voters of the County to be treated as a city for the purpose of issuing its bonds; WHEREAS, the Board of Supervisors of the County (the “Board”) adopted a resolution on July 21, 2016, authorizing the issuance of general obligation public improvement bonds of the County in a maximum principal amount of $8,000,000 to finance the acquisition, construction and equipping of facilities and equipment related to public safety purposes and uses (the “Project”), none of which bonds has been issued and sold; WHEREAS, the Board desires to issue a general obligation public improvement bond (as further described herein, “the Bond”) in a maximum principal amount not to exceed $8,000,000 to finance the Project and to pay the costs of issuing the Bond; WHEREAS, the County administration and a representative of Davenport & Company LLC, the County’s financial advisor (the “Financial Advisor”), have recommended to the Board that the County issue and sell the Bond through a private placement with a commercial banking or other financial institution; WHEREAS, at the request of the County, the Financial Advisor has solicited bids for the purchase of the Bond; and WHEREAS, the Board desires to delegate to the County Administrator the authority to award the sale of the Bond and to determine the final pricing terms of the Bond within certain parameters set forth below; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Issuance of Bond. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, the Board hereby provides for the issuance and sale of the Bond to provide funds to finance the Project and to pay related costs of issuance. Further, the Board hereby authorizes the County Administrator to determine, in collaboration with the Financial Advisor, which bid is in the best interests of the County to accept and to award the Bond to such commercial banking or other financial institution (the “Bank”). 2. Details of Bond. The Bond shall be designated “General Obligation Public Improvement Bond, Series 2016,” or such other designation as shall be determined by the County Administrator, shall be in registered form, shall be dated such date as determined by the 2 County Administrator and shall be numbered R-1. The Bond shall be sold to the Bank with final terms that the County Administrator, in collaboration with the Financial Advisor, determines to be in the best interests of the County; provided, however, that the Bond shall (a) be issued in a principal amount not to exceed $8,000,000, (b) bear interest at an annual rate not to exceed 3.00%, subject to adjustment, if any, as determined by the County Administrator, (c) be sold to the Bank at a price of 100% of the original principal amount thereof, and (d) mature no later than December 31, 2027. Interest on the Bond shall be payable semi-annually on dates determined by the County Administrator. Principal on the Bond shall be payable in installments in amounts and on dates determined by the County Administrator. Following the determination of the final pricing terms, the County Administrator shall execute a certificate setting forth such final pricing terms and shall file such certificate with the records of the Board. The actions of the County Administrator in selling the Bond shall be conclusive, and no further action with respect to the sale and issuance of the Bond shall be necessary on the part of the Board. If the date on which any payment is due with respect to the Bond is not a Business Day (as hereinafter defined), the payment shall be made on the next succeeding Business Day. “Business Day” shall mean a day on which banking business is transacted, but not including a Saturday, Sunday, legal holiday or any other day on which banking institutions are authorized by law to close in the Commonwealth of Virginia. Principal and interest shall be payable by the Registrar (as hereinafter defined) by check or draft mailed to the registered owner at the address as it appears on the registration books kept by the Registrar on the date selected by the County Administrator as the record date for the Bond (the “Record Date”); provided, however, that at the request of the registered owner of the Bond, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. 3. Redemption Provisions. Subject to the limitations contained herein, the County Administrator is hereby authorized to determine the redemption provisions of the Bond. Such redemption provisions may include the payment of a call premium not to exceed 3.00% of the par amount of the Bond (or portion thereof) to be redeemed and/or may include a “make-whole” payment based on market conditions, all as the County Administrator may determine to be in the best interests of the County. 4. Execution and Authentication. The Bond shall be signed by the manual or facsimile signature of the Chairman or Vice Chairman of the Board and shall be countersigned by the manual or facsimile signature of the Clerk or Deputy Clerk of the Board, and the Board’s seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, the Bond shall not be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 5. Form of Bond. The Bond shall be in substantially the form of Exhibit A attached hereto, with such completions, omissions, insertions and changes not inconsistent with this 3 Resolution as may be approved by the officers signing the Bond, whose approval shall be evidenced conclusively by the execution of the Bond and delivery thereof to the Bank. 6. Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on the Bond. Unless other funds are lawfully available and appropriated for timely payment of the Bond, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the County sufficient to pay when due the principal of and premium, if any, and interest on the Bond. 7. Registration, Transfer and Owners of Bond. The County Treasurer is hereby appointed to act as the registrar and paying agent for the Bond (the “Registrar”). Upon request of the County Treasurer, the Board may appoint a bank or trust company to serve as successor paying agent and registrar for the Bond. The Registrar shall maintain registration books for the registration and registration of transfers of the Bond. Upon presentation and surrender of the Bond at the office of the County Treasurer, or the corporate trust office of the Registrar if the County Treasurer is no longer serving as Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute and the Registrar shall authenticate, if required by Section 4, and deliver in exchange a new Bond having an equal aggregate principal amount, of the same form and maturity, bearing interest at the same rate and registered in names as requested by the then registered owner or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the Record Date. 8. Preparation and Delivery of Bond. After the Bond has been awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver the Bond to the Bank upon payment therefor. 9. Mutilated, Lost or Destroyed Bond. If the Bond has been mutilated, lost or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond; provided, however, that the County shall so execute and deliver only if the registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost or destroyed Bond, (a) has filed with the County evidence satisfactory to the County that such Bond was lost or destroyed and (b) has furnished to the County satisfactory indemnity. 4 10. Deposit of Bond Proceeds. The County Treasurer and the Director of Budget and Finance, either of whom may act, are authorized and directed to provide for the deposit of the proceeds of the Bond in a special account to be used to pay the costs of the Project and the costs incurred in issuing the Bond. 11. Arbitrage Covenants. (a) The County represents that there have not been issued, and covenants that there will not be issued, any obligation that will be treated as part of the same “issue” as the Bond within the meaning of Treasury Regulations Section 1.150(c). (b) The County covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bond to be an “arbitrage bond” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or otherwise cause interest on the Bond to be includable in the gross income for federal income tax purposes of the registered owner thereof under existing law. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bond, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bond from being includable in the gross income for federal income tax purposes of the registered owner thereof under existing law. The County shall pay any such required rebate from its legally available funds. 12. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested by bond counsel for the County are authorized and directed to execute an appropriate certificate setting forth (a) the expected use and investment of the proceeds of the Bond in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and (b) any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate shall be prepared in consultation with bond counsel for the County, and such elections shall be made after consultation with bond counsel. 13. Limitation on Private Use. The County covenants that it shall not permit the proceeds of the Bond or the facilities financed therewith to be used in any manner that would result in (a) 5% or more of such proceeds or facilities being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or facilities being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bond from being includable in the gross income for federal income tax purposes of the registered owner thereof under existing law, the County need not comply with such covenants. 14. Qualified Tax-Exempt Obligation. The County Administrator is hereby authorized to designate the Bond (or a portion thereof) as a “qualified tax-exempt obligation” for the purpose of Section 265(b)(3) of the Code if the County Administrator determines that it is in the best interests of the County to do so and that the County can satisfy the requirements of 5 Section 265(b)(3). Before designating the Bond as a “qualified tax-exempt obligation,” the County Administrator must determine as follows: (a) The County will in no event designate more than $10,000,000 of obligations, including the Bond, as qualified tax-exempt obligations in calendar year 2016 for the purpose of such Section 265(b)(3); (b) The County, all its “subordinate entities,” within the meaning of such Section 265(b)(3), and all entities that issue tax-exempt obligations on behalf of the County and its subordinate entities have not issued, when aggregated with the Bond, more than $10,000,000 of tax-exempt obligations in calendar year 2016 (excluding for this purpose “private activity bonds,” within the meaning of Section 141 of the Code, other than “qualified 501(c)(3) bonds,” within the meaning of Section 145 of the Code); (c) Barring circumstances unforeseen as of the date of delivery of the Bond, the County will not issue tax-exempt obligations itself or approve the issuance of tax-exempt obligations of any of such other entities if the issuance of such tax-exempt obligations would, when aggregated with the Bond and all other tax-exempt obligations theretofore issued by the County and such other entities in calendar year 2016, result in the County and such other entities having issued a total of more than $10,000,000 of tax-exempt obligations in calendar year 2016 (excluding for this purpose private activity bonds, other than qualified 501(c)(3) bonds); and (d) The County has no reason to believe that the County and such other entities will issue tax-exempt obligations in calendar year 2016 in an aggregate amount that will exceed such $10,000,000 limit. Should the County receive an opinion of nationally recognized bond counsel that compliance with one or more of the covenants set forth in (a) and (c) above is not required for the Bond to be a qualified tax-exempt obligation, the County need not comply with such covenant(s). 15. SNAP Investment Authorization. The Board has received and reviewed the Information Statement describing the State Non-Arbitrage Program of the Commonwealth of Virginia (“SNAP”) and the Contract Creating the State Non-Arbitrage Program Pool I (the “Contract”), and the Board has determined to authorize the County Treasurer to utilize SNAP in connection with the investment of the proceeds of the Bond, if the County Treasurer determines that the utilization of SNAP is in the best interests of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the Contract. 16. Other Actions. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are ratified, approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bond. 17. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 6 18. Filing. The Clerk of the Board, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this resolution in the Circuit Court of Isle of Wight County, Virginia. 19. Effective Date. This Resolution shall take effect immediately. A-1 Exhibit A REGISTERED REGISTERED No. R-____ [______ __, 2016] UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ISLE OF WIGHT COUNTY General Obligation Public Improvement Bond Series 2016 Isle of Wight County, Virginia (the “County”), for value received, promises to pay to _______________________________ (the “Bank”), or its registered assigns or legal representative, the principal sum of ____________ DOLLARS ($_____), together with interest from the date of this bond on the unpaid principal, at the rate of ____%, calculated on the basis of a 360-day year of twelve 30-day months, subject to prepayment as hereinafter provided. Interest shall be payable semi-annually on each _____ __ and _____ __, commencing _____ __, 20__, and principal shall be payable annually on _____ __ in the amounts and years as set forth on Schedule I attached hereto. Principal of and premium, if any, and interest on this bond are payable in lawful money of the United States of America by the County Treasurer, who has been appointed paying agent and registrar for this bond, or by such bank or trust company as may be appointed by the County as successor paying agent and registrar (the “Registrar”). If the date on which any payment is due with respect to this bond is not a Business Day (as hereinafter defined), the payment shall be made on the next succeeding Business Day. “Business Day” shall mean a day on which banking business is transacted, but not including a Saturday, Sunday, legal holiday or any other day on which banking institutions are authorized by law to close in the Commonwealth of Virginia. This bond is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991. This bond has been authorized and issued pursuant to two resolutions adopted by the Board of Supervisors of the County (the “Board”) on July 21, 2016, to provide funds to (a) to finance the acquisition, construction and equipping of facilities and equipment related to public safety purposes and uses and (b) pay the costs of issuing this bond. [Optional Redemption Provisions to be Inserted] The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property within the County sufficient to pay when due the principal of and premium, if any, and interest on this bond. A-2 [The County has designated this bond as a “qualified tax-exempt obligation” for the purpose of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.] The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the [fifteenth] day of the month preceding each interest payment date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia, has caused this bond to be issued in the name of Isle of Wight County, to be signed by its [Vice] Chairman, to be countersigned by its [Deputy] Clerk, its seal to be affixed hereto, and this bond to be dated the date first above written. COUNTERSIGNED: _______________________________ (SEAL) ____________________________________ [Deputy] Clerk, Board of Supervisors of [Vice] Chairman, Board of Supervisors of Isle of Wight County, Virginia Isle of Wight County, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto ______________________________________________________________________________(Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: _______________________________________________ : : : : : : the within bond and all rights thereunder, hereby irrevocably constituting and appointing _______________________________________________________________________, Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: ________________ Signature Guaranteed ___________________________________ NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. _______________________________ (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. A-4 Schedule I [Insert Final Debt Service Schedule] ISSUE: Historic Society’s Request to Use the Old Clerk’s Building BACKGROUND: At its regular meeting on June 9, 2016, the Board received a request from Mr. Albert Burckard on behalf of the Isle of Wight Historic Society for use of the vacant building formerly housing the Circuit Court Clerk’s office as a library and research room. Staff has reviewed the Historic Society’s request and the costs to make minimal improvements to the front portion of the building would be approximately $10,000. The cost estimate anticipates a majority of the work associated with the renovations would be performed in-house. It should be noted that several departments/agencies within the County have also requested use of all or portions of the Old Clerk’s office. It is likely that, should the Board approve the request from the Historical Society, other local citizen organizations could also request dedicated space. The cost of renovating the entire building for use would be approximately $50,000. BUDGETARY IMPACT: The budgetary impact would be approximately $10,000 – 50,000. Funding for this projected was not anticipated in the County’s FY2016- 17 operating budget. RECOMMENDATION: Deny the request of the Historic Society. ATTACHMENTS: Floor Plan with Cost Estimates July 21, 2016 Basic Renovation Demolition of paneling, counter, cabinets, carpet/tile and shelving. Installation of new drywall, painting and carpet. Clean and sanitize HVAC. Cost approximately $10,000.00 Basic Renovation Demolition of old fire system, filing system and carpet. Repair and patch old plaster, prime, prep, paint. Install new carpet and lighting Clean and sanitize HVAC. Cost approximately $15,000.00 Bathrooms Refit doors to swing out. Cost approximately $500.00 Relocate and update bathrooms to code. Cost approximately $12,000.00 Existing office in good condition. In need of storage removal and cleaning. Old Clerks Office ISSUE: Government Finance Officers of America (GFOA) Award and Certificate for the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2015 BACKGROUND: For the fifth consecutive year, a Certificate of Achievement for Excellence in Financial Reporting has been awarded to Isle of Wight County by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has also been awarded to the Isle of Wight County Department of Budget and Finance for its role in preparing the award-winning CAFR. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive “spirit of full disclosure” to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The County’s CAFR received a grade of “Proficient” in 17 different grading categories. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, Illinois and Washington, D. C. RECOMMENDATION: For the Board’s information. ATTACHMENTS: - Certificate of Achievement for Excellence in Financial Reporting - Award of Financial Reporting Achievement - Correspondence from GFOA July 21, 2016 ISSUE: Volunteer Fire-EMS Activity Report BACKGROUND: The Board of Supervisors has previously directed staff to develop a process for capturing and reporting the activity of volunteer Fire and EMS agencies. Historically, the only measure captured was that of emergency response; however, volunteers spend thousands of additional hours in non-emergency capacities that were not being reported. The desire was to provide a more accurate reflection of the “true value” provided by our volunteer partners. Staff has developed a “Fire-EMS Activity Report” to capture the traditional emergency response information by Station and also report the number of community events, fundraising activities, duty crew days and training events to include the number of hours spent performing each. Volunteer Activity will be updated on a quarterly basis and the data collected from this report will be utilized in the development of the annual Fire EMS Report. From January to June 2016, Fire EMS agencies have had over 2800 Station responses (volunteer/career) and volunteer agencies have reported almost 32,000 hours of additional service to the community BUDGETARY IMPACT: None RECOMMENDATION: For the Board’s information. ATTACHMENT: - Fire EMS Activity Report Summary (1st & 2nd Quarter) - Volunteer Agency Reports 70 70 81 92 100 78 491 21 15 25 20 36 25 142 14 6 11 7 4 2 44 24 14 21 39 20 21 139 66 57 73 80 65 67 408 187 177 209 209 196 182 1160 74 75 75 84 91 77 476 2860 n/r 334 108 n/r 23925 7438 n/r 31805 Note:1. Station Responses- Data pulled from E911 Computer Aided Dispatch (CAD) system 2. VOL. Activity Hours- Information as reported by Volunteer Agencies TOTAL VOL. HOURS REPORTED NOT REPORTED 334 108 WINDSOR RESCUE n/a n/a NOT REPORTED n/a n/a n/a n/a 23925 7438 CARRSVILLE RUSHMERE WINDSOR FIRE SMITHFIELD FIRE IOW RESCUE YTD CARROLLTON 1ST&2ND QUARTER NOT REPORTED 4TH QUARTERVOL. ACTIVITY HOURS 3RD QUARTER n/a NO V E M B E R DE C E M B E R JA N U A R Y MA R C H AP R I L MA Y JU N E FE B R U A R Y ISLE OF WIGHT COUNTY FIRE-EMS ACTIVITY REPORT JU L Y TOTAL STATION RESPONSES STATION RESPONSES YTD WINDSOR RESCUE IOW RESCUE SMITHFIELD FIRE WINDSOR FIRE RUSHMERE CARRSVILLE CARROLLTON AU G U S T SE P T E M B E R OC T O B E R 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 June 2016; Cash Position; and, Statement of the Treasurer’s Accountability as of May 2016 2. Isle of Wight County Monthly Fire/Emergency Medical Services (EMS) Report – Incidents by Zone Map; Incidents by Zone Data as of June 2016 3. Isle of Wight Website Statistics/June 2016 4. Solid Waste Division Litter Pickup 5. Isle of Wight Extension Report/June 2016 TA X Y E A R T A X L E V Y SU P P L E M E N T S PU B L I C S E R V I C E AD J U S T M E N T S & ABA T E M E N T S TO T A L T A X LE V I E S T A X C O L L E C T E D TA X O U T S T D G . % C O L L E C T E D % UNC. 200 9 - 2 0 1 0 2 2 , 9 3 5 , 6 4 5 . 2 0 $ 14 8 , 2 3 9 . 9 6 $ 1, 1 2 0 , 9 8 0 . 1 1 $ (4 8 1 , 5 4 5 . 0 8 ) $ 23 , 7 2 3 , 3 2 0 . 1 9 $ 23 , 7 2 3 , 3 0 9 . 7 9 $ 10 . 4 0 $ 1 0 0 . 0 0 % 0 . 0 0 % 20 1 0 - 2 0 1 1 2 2 , 1 2 5 , 3 3 1 . 8 0 $ 12 0 , 5 0 5 . 1 5 $ 1, 2 3 8 , 9 3 3 . 3 8 $ (5 4 3 , 4 7 3 . 9 7 ) $ 22 , 9 4 1 , 2 9 6 . 3 6 $ 22 , 9 4 1 , 0 7 3 . 4 0 $ 22 2 . 9 6 $ 1 0 0 . 0 0 % 0 . 0 0 % 20 1 1 - 2 0 1 2 2 7 , 7 9 0 , 0 1 0 . 3 0 $ 11 9 , 9 4 1 . 2 6 $ 81 1 , 5 4 5 . 3 2 $ (3 9 8 , 7 7 7 . 0 2 ) $ 28 , 3 2 2 , 7 1 9 . 8 6 $ 28 , 3 2 0 , 8 7 0 . 6 1 $ 1, 8 4 9 . 2 5 $ 99.99%0.01% 20 1 2 - 2 0 1 3 2 6 , 5 2 5 , 1 1 6 . 8 0 $ 20 1 , 1 7 7 . 3 4 $ 91 5 , 9 9 3 . 2 2 $ (5 0 5 , 4 0 2 . 1 4 ) $ 27 , 1 3 6 , 8 8 5 . 2 2 $ 27 , 1 2 6 , 6 9 3 . 6 1 $ 10 , 1 9 1 . 6 1 $ 99.96%0.04% 20 1 3 - 2 0 1 4 3 0 , 0 4 7 , 6 9 7 . 1 7 $ 19 4 , 3 4 3 . 7 7 $ 1, 0 3 4 , 1 5 2 . 6 3 $ (5 0 1 , 4 3 6 . 1 3 ) $ 30 , 7 7 4 , 7 5 7 . 4 4 $ 30 , 7 2 2 , 6 0 2 . 8 6 $ 52 , 1 5 4 . 5 8 $ 99.83%0.17% 20 1 4 - 2 0 1 5 3 5 , 2 7 2 , 0 1 8 . 7 7 $ 27 2 , 5 1 3 . 1 5 $ 1, 2 2 7 , 9 1 0 . 2 8 $ (5 8 0 , 3 0 8 . 7 7 ) $ 36 , 1 9 2 , 1 3 3 . 4 3 $ 36 , 0 0 2 , 7 9 9 . 0 2 $ 18 9 , 3 3 4 . 4 1 $ 99.48%0.52% 20 1 5 - 2 0 1 6 3 6 , 0 0 1 , 7 4 6 . 5 3 $ 21 7 , 5 2 0 . 0 0 $ 1, 2 8 6 , 4 8 5 . 5 5 $ (6 7 7 , 7 0 5 . 1 6 ) $ 36 , 8 2 8 , 0 4 6 . 9 2 $ 35 , 9 8 2 , 8 6 2 . 1 5 $ 84 5 , 1 8 4 . 7 7 $ 97.71%2.29% N o t e $1 , 0 9 8 , 9 4 7 . 9 8 9 9 . 4 7 % 0 . 5 3 % TAX Y E A R TA X L E V Y SU P P L E M E N T S PU B L I C S E R V I C E AD J U S T M E N T S & ABA T E M E N T S TO T A L T A X LE V I E S T A X C O L L E C T E D TA X O U T S T D G . % C O L L E C T E D % UNC. pr i o r 2 0 0 9 $ 1 0 3 , 1 9 4 , 4 0 4 . 3 4 10 3 , 1 7 4 , 6 9 5 . 0 3 $ $ 1 9 , 7 0 9 . 3 1 99.98%0.02% 20 1 0 1 4 , 4 7 7 , 9 1 8 . 0 3 $ 49 7 , 1 2 7 . 9 7 $ 29 , 9 5 2 . 4 2 $ (6 6 1 , 2 0 3 . 9 3 ) $ 14 , 3 4 3 , 7 9 4 . 4 9 $ 14 , 3 3 4 , 4 2 8 . 8 5 $ 9, 3 6 5 . 6 4 $ 99.93%0.07% LI C . F E E 60 2 , 4 9 6 . 0 0 $ 59 , 4 3 4 . 0 0 $ (4 0 , 2 9 3 . 5 1 ) $ 62 1 , 6 3 6 . 4 9 $ 61 9 , 8 3 9 . 5 8 $ 1, 7 9 6 . 9 1 $ 99.71%0.29% 20 1 1 9, 3 3 1 , 2 3 8 . 4 7 $ 43 9 , 3 1 1 . 1 9 $ 30 , 6 4 3 . 1 0 $ (5 7 6 , 6 5 0 . 6 8 ) $ 9, 2 2 4 , 5 4 2 . 0 8 $ 9, 1 9 5 , 8 8 3 . 6 9 $ 28 , 6 5 8 . 3 9 $ 99.69%0.31% LI C . F E E 60 9 , 5 9 0 . 0 0 $ 40 , 2 6 8 . 0 0 $ (2 2 , 2 9 2 . 0 2 ) $ 62 7 , 5 6 5 . 9 8 $ 62 2 , 6 2 7 . 2 5 $ 4, 9 3 8 . 7 3 $ 99.21%0.79% 20 1 2 1 1 , 3 3 2 , 5 9 7 . 5 4 $ 83 9 , 6 8 7 . 4 9 $ 30 , 9 7 2 . 5 3 $ (9 3 5 , 0 4 2 . 2 5 ) $ 11 , 2 6 8 , 2 1 5 . 3 1 $ 11 , 2 3 1 , 9 0 2 . 0 0 $ 36 , 3 1 3 . 3 1 $ 99.68%0.32% LI C . F E E 62 2 , 8 6 8 . 0 0 $ 41 , 0 3 4 . 0 0 $ (3 5 , 3 4 4 . 8 4 ) $ 62 8 , 5 5 7 . 1 6 $ 62 2 , 1 8 7 . 5 4 $ 6, 3 6 9 . 6 2 $ 98.99%1.01% 20 1 3 1 3 , 1 3 0 , 4 1 4 . 2 1 $ 46 9 , 4 2 4 . 1 8 $ 35 , 7 6 7 . 5 4 $ (1 , 1 8 0 , 9 6 4 . 2 8 ) $ 12 , 4 5 4 , 6 4 1 . 6 5 $ 12 , 3 9 7 , 3 9 0 . 7 0 $ 57 , 2 5 0 . 9 5 $ 99.54%0.46% LI C . F E E 94 4 , 2 8 8 . 0 0 $ 50 , 2 0 0 . 0 0 $ - $ (5 9 , 1 5 2 . 4 5 ) $ 93 5 , 3 3 5 . 5 5 $ 92 0 , 7 8 0 . 4 0 $ 14 , 5 5 5 . 1 5 $ 98.44%1.56% 20 1 4 1 3 , 2 6 3 , 2 0 8 . 4 0 $ 42 5 , 6 6 0 . 0 8 $ 36 , 4 7 4 . 9 9 $ (6 0 1 , 8 0 7 . 2 1 ) $ 13 , 1 2 3 , 5 3 6 . 2 6 $ 13 , 0 2 1 , 7 6 7 . 3 3 $ 10 1 , 7 6 8 . 9 3 $ 99.22%0.78% LI C . F E E 1 , 0 5 2 , 6 5 4 . 0 0 $ 54 , 9 3 0 . 0 0 $ - $ (6 6 , 8 9 2 . 7 5 ) $ 1, 0 4 0 , 6 9 1 . 2 5 $ 1, 0 1 4 , 1 2 6 . 8 1 $ 26 , 5 6 4 . 4 4 $ 97.45%2.55% 20 1 5 1 2 , 7 1 0 , 8 7 5 . 8 0 $ 1, 0 4 3 , 6 8 1 . 2 8 $ 39 , 3 3 6 . 1 3 $ (5 5 4 , 5 9 7 . 1 4 ) $ 13 , 2 3 9 , 2 9 6 . 0 7 $ 13 , 0 0 5 , 2 5 0 . 5 2 $ 23 4 , 0 4 5 . 5 5 $ 98.23%1.77% LI C . F E E 97 2 , 5 5 8 . 0 0 $ 15 3 , 4 0 1 . 0 0 $ - $ (9 3 , 9 4 8 . 0 0 ) $ 1, 0 3 2 , 0 1 1 . 0 0 $ 99 0 , 9 9 7 . 6 8 $ 41 , 0 1 3 . 3 2 $ 96.03%3.97% 20 1 6 3, 7 4 5 , 8 6 5 . 6 9 $ 34 8 , 2 1 7 . 0 8 $ (2 4 4 , 0 6 9 . 7 7 ) $ 3, 8 5 0 , 0 1 3 . 0 0 $ 2, 9 1 1 , 5 4 0 . 2 2 $ 93 8 , 4 7 2 . 7 8 $ 75.62%24.38% LI C . F E E 92 2 , 0 6 3 . 0 0 $ 59 , 9 2 3 . 0 0 $ - $ (2 0 , 3 4 6 . 0 0 ) $ 96 1 , 6 4 0 . 0 0 $ 68 3 , 5 4 4 . 1 7 $ 27 8 , 0 9 5 . 8 3 $ 71.08%28.92% No t e s : $1 , 7 9 8 , 9 1 8 . 8 6 9 9 . 0 4 % 0 . 9 6 % 201 6 i n c l u d e s s u p p l e m e n t s b i l l e d i n 1 s t h a l f d u e i n D e c e m b e r $ 2 2 1 , 1 2 9 . 3 9 T O T A L D E L I N Q U E N T = $2 , 8 9 7 , 8 6 6 . 8 4 99.26%0.74% 20 1 6 E Q 1 s t i n s t a l l m e n t $ 3 , 0 0 1 , 1 4 7 . 7 1 p a y m e n t s $ 5 8 2 4 9 . 7 4 Pr e p a y m e n t s t o w a r d s D e c e m b e r $ 2 9 6 , 8 1 9 . 4 3 TA X L E V I E S & C O L L E C T I O N S A S O F J U N E 2 0 1 6 RE A L E S T A T E DE L I N Q U E N T R E A L E S T A T E = R e a l E s t a t e P r e p a y m e n t s D e c e m b e r $ 8 0 , 6 5 2 . 0 0 PE R S O N A L P R O P E R T Y DE L I N Q U E N T P E R S O N A L P R O P . = !. !. !. !. !. 1010 2020 3060 4070 5060 Incidents by Zone ³ Zone3060 Zone5060 Zone1010 Zone4070 Zone2020 Zone Fire EMS Mutual Aid Totals ISLE OF WIGHT INCIDENTS BY ZONE Agency: IWFR, Event date/Time range: 06/01/2016 00:00:00 - 06/30/2016 23:59:59 Station/Beat Code Nature Code Self Init CFS Total % Total Avg Disp Time Avg Resp Time Avg Scene Time Total Call Time Avg Call Time 1009 DIFFICULTY BREATHING 0 1 1 33%0:00:51 0:11:07 0:44:40 0:56:38 0:56:38 FRACTURES OR BROKEN BONES 0 1 1 33%0:01:05 0:10:58 0:24:32 0:36:35 0:36:35 LIFT ASSIST 0 1 1 33%0:01:03 0:14:25 0:06:03 0:21:31 0:21:31 Subtotals for EMS 0 3 3 100%0:01:00 0:12:10 0:25:05 1:54:44 0:38:15 Totals for 1009 0 3 3 100%0:01:00 0:12:10 0:25:05 1:54:44 0:38:15 1010 ABDOMINAL PAIN 0 2 2 3%0:01:18 0:05:38 0:58:48 2:11:28 1:05:44 ABRASIONS BRUISES ETC 0 1 1 1%0:00:09 0:06:32 0:33:21 0:40:02 0:40:02 ACCIDENT UNKNOWN INJURIES 1 8 9 12%0:00:43 0:05:43 0:15:36 2:53:58 0:19:20 ACCIDENT WITH INJURIES 0 2 2 3%0:00:40 0:05:29 0:58:26 2:09:09 1:04:35 ASSAULT WITH INJURIES 0 1 1 1%0:00:21 0:08:53 0:16:51 0:26:05 0:26:05 ATTEMPT SUICIDE 0 1 1 1%0:02:07 0:12:40 0:51:54 1:06:41 1:06:41 BLEEDING OR HEMORRHAGING 0 1 1 1%0:02:56 0:09:07 1:09:49 1:21:52 1:21:52 CHEST PAIN 0 1 1 1%0:00:51 0:05:08 0:58:23 1:04:22 1:04:22 CHILD OR ANIMAL LOCKED IN CAR 0 1 1 1%0:00:22 0:08:00 0:05:32 0:13:54 0:13:54 DIABETIC PROBLEMS 0 1 1 1%0:00:31 0:06:26 0:27:54 0:34:51 0:34:51 DIFFICULTY BREATHING 0 6 6 8%0:01:07 0:05:55 0:52:43 5:58:25 0:59:44 FALLS AND RELATED INJURIES 0 3 3 4%0:01:15 0:05:30 1:04:37 3:34:06 1:11:22 FRACTURES OR BROKEN BONES 0 2 2 3%0:01:40 0:04:28 1:23:39 1:32:06 0:46:03 HEAD INJURY 0 2 2 3%0:01:09 0:08:06 1:03:54 2:26:17 1:13:09 HEART PROBLEMS 0 4 4 5%0:01:23 0:05:39 0:50:51 3:51:33 0:57:53 INDUSTRIAL ACCIDENT 0 1 1 1%0:01:13 0:08:24 0:44:32 0:54:09 0:54:09 LIFT ASSIST 0 1 1 1%0:01:16 0:06:54 0:06:05 0:14:15 0:14:15 PAIN 0 3 3 4%0:01:41 0:05:49 0:45:50 2:40:02 0:53:21 Report Generated: 07/01/2016 07:30:53 | User ID:JTERWILLIGER Page 1 of 7\\STRATUS\OSSICAD\CAD\rpt\Other_EventsByNatureStatBeat Station/Beat Code Nature Code Self Init CFS Total % Total Avg Disp Time Avg Resp Time Avg Scene Time Total Call Time Avg Call Time PSYCHIATRIC PROBLEMS 0 1 1 1%0:00:21 0:09:51 1:01:55 1:12:07 1:12:07 SEIZURE 0 1 1 1%0:01:02 0:00:00 0:00:00 0:05:55 0:05:55 SICK / ILL OR RESCUE 0 7 7 9%0:01:17 0:06:03 0:55:31 7:20:01 1:02:52 STROKE 0 2 2 3%0:01:34 0:06:31 1:15:52 2:47:53 1:23:57 UNCONSCIOUS OR FAINTING 0 9 9 12%0:00:53 0:06:01 0:54:17 9:10:37 1:01:11 Subtotals for EMS 1 61 62 84%0:01:07 0:06:57 0:48:01 54:29:48 0:51:53 BURNING COMPLAINT 0 1 1 1%0:02:26 0:00:00 0:00:00 0:12:31 0:12:31 CAR FIRE 0 2 2 3%0:00:40 0:05:15 0:03:53 0:19:36 0:09:48 CARBON MONOXIDE ALARM 0 1 1 1%0:00:54 0:00:00 0:00:00 0:04:20 0:04:20 FIRE ALARM 0 2 2 3%0:01:37 0:05:58 0:18:16 0:51:41 0:25:51 FIRE DEPT COMMUNITY RELATIONS 1 0 1 1%0:00:05 0:00:00 1:43:38 1:43:43 1:43:43 FIRE OTHER NOT LISTED 1 1 2 3%0:03:08 0:07:04 0:13:23 0:36:58 0:18:29 RUPTURE GAS LINE 0 1 1 1%0:00:59 0:05:43 0:07:20 0:14:02 0:14:02 SMELL OF GAS INSIDE/OUTSIDE 0 1 1 1%0:01:22 0:04:05 0:39:16 0:44:43 0:44:43 STRUCTURE FIRE 0 1 1 1%0:00:46 0:03:51 0:18:58 0:23:35 0:23:35 Subtotals for FIRE 2 10 12 16%0:01:20 0:05:19 0:29:15 5:11:09 0:28:34 Totals for 1010 3 71 74 100%0:01:11 0:06:36 0:43:29 59:40:57 0:45:20 2020 ABDOMINAL PAIN 0 1 1 4%0:02:39 0:10:20 1:13:32 1:26:31 1:26:31 ACCIDENT UNKNOWN INJURIES 0 2 2 8%0:00:18 0:10:47 0:17:01 0:56:10 0:28:05 ALARM - MEDICAL 0 1 1 4%0:00:59 0:03:48 0:22:01 0:26:48 0:26:48 CHEST PAIN 0 4 4 16%0:00:52 0:06:15 0:44:54 3:21:51 0:50:28 DIFFICULTY BREATHING 0 2 2 8%0:01:13 0:23:09 0:54:34 2:37:51 1:18:56 FALLS AND RELATED INJURIES 0 1 1 4%0:01:57 0:10:42 1:57:15 2:09:54 2:09:54 SICK / ILL OR RESCUE 1 3 4 16%0:00:58 0:09:08 0:34:47 2:59:34 0:44:54 STROKE 0 2 2 8%0:00:53 0:10:59 1:30:37 3:24:58 1:42:29 UNCONSCIOUS OR FAINTING 0 1 1 4%0:00:10 0:04:41 1:34:43 1:39:34 1:39:34 Page 2 of 7INCIDENTS BY ZONE Station/Beat Code Nature Code Self Init CFS Total % Total Avg Disp Time Avg Resp Time Avg Scene Time Total Call Time Avg Call Time Subtotals for EMS 1 17 18 72%0:01:07 0:09:59 1:01:03 19:03:11 1:11:58 BURNING COMPLAINT 0 1 1 4%0:05:09 0:12:04 0:12:54 0:30:07 0:30:07 FIRE ALARM 0 1 1 4%0:00:22 0:10:58 0:02:28 0:13:48 0:13:48 FIRE OTHER NOT LISTED 2 1 3 12%0:00:29 0:08:54 0:23:36 1:29:05 0:29:42 LANDING ZONE 0 1 1 4%0:00:17 0:08:10 0:43:44 0:52:11 0:52:11 STANDBY 1 0 1 4%0:00:01 0:00:00 5:28:52 5:28:53 5:28:53 Subtotals for FIRE 3 4 7 28%0:01:16 0:10:02 1:22:19 8:34:04 1:30:56 Totals for 2020 4 21 25 100%0:01:10 0:10:00 1:08:38 27:37:15 1:18:44 3060 ABRASIONS BRUISES ETC 0 1 1 8%0:00:14 0:12:15 0:14:59 0:27:28 0:27:28 ACCIDENT UNKNOWN INJURIES 0 1 1 8%0:01:04 0:09:33 0:20:58 0:31:35 0:31:35 ALARM - MEDICAL 0 1 1 8%0:01:18 0:16:13 0:06:32 0:24:03 0:24:03 DIFFICULTY BREATHING 0 2 2 17%0:01:10 0:13:51 1:00:07 2:30:15 1:15:08 LIFT ASSIST 0 1 1 8%0:00:46 0:20:23 0:10:21 0:31:30 0:31:30 OVERDOSE 0 1 1 8%0:01:31 0:12:16 0:35:42 0:49:29 0:49:29 PAIN 0 1 1 8%0:00:53 0:13:58 1:17:00 1:31:51 1:31:51 SICK / ILL OR RESCUE 0 1 1 8%0:01:02 0:04:30 0:27:19 0:32:51 0:32:51 STROKE 0 2 2 17%0:00:54 0:16:43 1:05:29 2:46:12 1:23:06 UNCONSCIOUS OR FAINTING 0 1 1 8%0:01:29 0:37:11 0:56:42 1:35:22 1:35:22 Subtotals for EMS 0 12 12 100%0:01:02 0:15:41 0:37:31 11:40:36 0:54:14 Totals for 3060 0 12 12 100%0:01:02 0:15:41 0:37:31 11:40:36 0:54:14 4070 ABDOMINAL PAIN 0 1 1 1%0:01:40 0:06:02 0:55:01 1:02:43 1:02:43 ABRASIONS BRUISES ETC 0 1 1 1%0:01:15 0:07:59 0:48:29 0:57:43 0:57:43 Page 3 of 7INCIDENTS BY ZONE Station/Beat Code Nature Code Self Init CFS Total % Total Avg Disp Time Avg Resp Time Avg Scene Time Total Call Time Avg Call Time ACCIDENT UNKNOWN INJURIES 1 2 3 3%0:00:50 0:04:54 1:53:37 5:58:03 1:59:21 ACCIDENT WITH INJURIES 0 3 3 3%0:01:35 0:05:41 1:00:14 2:27:18 0:49:06 ALARM - MEDICAL 0 1 1 1%0:03:49 0:07:59 0:59:34 1:11:22 1:11:22 ALLERGIC REACTIONS 0 1 1 1%0:00:48 0:10:08 1:09:04 1:20:00 1:20:00 ASSAULT WITH INJURIES 0 1 1 1%0:00:56 0:04:57 0:32:59 0:38:52 0:38:52 BLEEDING OR HEMORRHAGING 0 2 2 2%0:00:31 0:09:12 0:54:38 2:08:42 1:04:21 CHEST PAIN 1 5 6 7%0:00:49 0:14:03 0:50:05 6:14:46 1:02:28 CHILD OR ANIMAL LOCKED IN CAR 0 1 1 1%0:00:15 0:04:13 0:04:05 0:08:33 0:08:33 DIABETIC PROBLEMS 0 4 4 5%0:01:41 0:09:43 0:50:28 4:07:26 1:01:52 DIFFICULTY BREATHING 0 5 5 6%0:00:42 0:14:57 1:07:45 6:56:59 1:23:24 FALLS AND RELATED INJURIES 0 3 3 3%0:01:28 0:10:08 0:55:19 3:20:44 1:06:55 HEAD INJURY 0 1 1 1%0:00:55 0:05:37 0:51:54 0:58:26 0:58:26 HEART PROBLEMS 0 1 1 1%0:00:30 0:02:48 0:26:57 0:30:15 0:30:15 LIFT ASSIST 0 3 3 3%0:01:43 0:12:34 0:06:20 1:01:53 0:20:38 MEDIC STANDBY 1 0 1 1%0:00:00 0:00:00 0:00:49 0:00:49 0:00:49 PAIN 0 4 4 5%0:00:49 0:08:01 0:43:56 3:31:02 0:52:46 POSSIBLE DOA 0 3 3 3%0:01:14 0:05:15 1:27:36 4:42:18 1:34:06 PSYCHIATRIC PROBLEMS 0 1 1 1%0:00:08 0:08:23 0:10:12 0:18:43 0:18:43 SEIZURE 0 3 3 3%0:00:48 0:12:15 0:31:05 2:00:09 0:40:03 SICK / ILL OR RESCUE 1 18 19 22%0:01:10 0:07:58 0:46:57 17:45:51 0:56:06 STROKE 0 2 2 2%0:01:10 0:06:42 1:02:55 2:21:35 1:10:48 UNCONSCIOUS OR FAINTING 0 8 8 9%0:01:10 0:08:35 1:39:03 14:30:23 1:48:48 Subtotals for EMS 4 74 78 90%0:01:08 0:08:11 0:49:33 84:14:35 0:57:25 BRUSH FIRE 0 1 1 1%0:01:55 0:11:50 0:00:08 0:13:53 0:13:53 FIRE ALARM 0 7 7 8%0:01:02 0:04:57 0:30:08 3:40:05 0:31:26 HAZARDOUS MATERIALS INCIDENT 0 1 1 1%0:00:53 0:05:24 0:13:48 0:20:05 0:20:05 Subtotals for FIRE 0 9 9 10%0:01:17 0:07:24 0:14:41 4:14:03 0:21:48 Page 4 of 7INCIDENTS BY ZONE Station/Beat Code Nature Code Self Init CFS Total % Total Avg Disp Time Avg Resp Time Avg Scene Time Total Call Time Avg Call Time Totals for 4070 4 83 87 100%0:01:09 0:08:05 0:45:40 88:28:38 0:53:28 5060 ABDOMINAL PAIN 0 4 4 2%0:00:57 0:11:23 1:09:12 5:26:10 1:21:33 ABRASIONS BRUISES ETC 2 3 5 3%0:00:19 0:11:49 0:24:11 3:01:39 0:36:20 ACCIDENT NO INJURIES 0 1 1 1%0:01:48 0:03:39 0:59:18 1:04:45 1:04:45 ACCIDENT UNKNOWN INJURIES 0 7 7 4%0:01:21 0:05:39 0:36:23 5:03:40 0:43:23 ACCIDENT WITH INJURIES 0 2 2 1%0:00:35 0:07:05 1:35:14 3:25:47 1:42:54 ALARM - MEDICAL 0 6 6 3%0:01:15 0:07:31 0:32:35 2:59:00 0:29:50 AMPUTATIONS 0 1 1 1%0:01:20 0:10:45 0:58:31 1:10:36 1:10:36 ASSAULT WITH INJURIES 0 2 2 1%0:00:18 0:09:53 0:11:09 0:42:39 0:21:20 ATTEMPT SUICIDE 0 1 1 1%0:01:16 0:08:16 0:02:34 0:12:06 0:12:06 BACK PAIN (NON TRAUMATIC)0 2 2 1%0:00:54 0:07:42 1:05:37 2:28:24 1:14:12 BITE 0 4 4 2%0:01:56 0:07:57 0:38:22 3:12:59 0:48:15 BLEEDING OR HEMORRHAGING 0 6 6 3%0:01:00 0:08:19 0:54:49 6:24:53 1:04:09 BURN INJURIES 1 0 1 1%0:00:00 0:00:00 1:23:54 1:23:54 1:23:54 CARDIAC ARREST 0 2 2 1%0:01:12 0:07:19 1:15:01 2:47:04 1:23:32 CHEST PAIN 0 9 9 5%0:01:24 0:09:34 0:57:59 10:20:43 1:08:58 CHILD OR ANIMAL LOCKED IN CAR 0 3 3 2%0:00:11 0:07:36 0:14:17 1:06:13 0:22:04 DIABETIC PROBLEMS 0 6 6 3%0:01:04 0:09:40 0:43:07 5:23:08 0:53:51 DIFFICULTY BREATHING 0 17 17 9%0:01:14 0:08:24 0:59:36 19:37:06 1:09:14 FALLS AND RELATED INJURIES 0 18 18 10%0:01:15 0:08:52 0:48:36 17:37:07 0:58:44 FRACTURES OR BROKEN BONES 0 4 4 2%0:01:20 0:07:50 1:29:18 6:33:54 1:38:29 HEADACHE 0 1 1 1%0:00:09 0:15:54 1:17:57 1:34:00 1:34:00 HEART PROBLEMS 0 3 3 2%0:01:49 0:09:49 0:55:39 3:21:53 1:07:18 LIFT ASSIST 0 5 5 3%0:01:40 0:11:02 0:11:54 2:03:02 0:24:36 MEDIC STANDBY 3 0 3 2%0:00:03 0:00:00 1:09:09 3:06:40 1:02:13 PAIN 0 10 10 5%0:01:15 0:07:45 0:49:57 9:42:44 0:58:16 Page 5 of 7INCIDENTS BY ZONE Station/Beat Code Nature Code Self Init CFS Total % Total Avg Disp Time Avg Resp Time Avg Scene Time Total Call Time Avg Call Time POSSIBLE DOA 0 2 2 1%0:01:23 0:06:14 0:37:40 1:30:34 0:45:17 SICK / ILL OR RESCUE 1 22 23 12%0:01:23 0:09:34 1:05:56 29:19:17 1:16:29 STROKE 0 4 4 2%0:01:06 0:09:00 0:57:38 4:30:57 1:07:44 UNCONSCIOUS OR FAINTING 0 9 9 5%0:01:20 0:05:56 0:45:53 7:58:24 0:53:09 Subtotals for EMS 7 154 161 87%0:01:06 0:08:41 0:51:26 163:09:18 0:59:54 BRUSH FIRE 0 1 1 1%0:01:54 0:00:00 0:00:00 0:09:50 0:09:50 BURNING COMPLAINT 0 2 2 1%0:01:04 0:07:43 0:07:27 0:32:29 0:16:15 CAR FIRE 0 1 1 1%0:00:23 0:05:46 0:23:57 0:30:06 0:30:06 FIRE ALARM 0 10 10 5%0:01:12 0:08:06 0:13:24 2:30:13 0:15:01 FIRE DEPT COMMUNITY RELATIONS 1 0 1 1%0:00:00 0:00:00 0:09:56 0:09:56 0:09:56 FIRE OTHER NOT LISTED 1 1 2 1%0:00:34 0:04:09 0:07:00 0:23:25 0:11:43 SMELL OR ODOR OF SMOKE 0 5 5 3%0:01:15 0:07:11 0:10:57 1:36:58 0:19:24 STRUCTURE FIRE 0 2 2 1%0:00:49 0:03:43 2:18:12 4:45:28 2:22:44 Subtotals for FIRE 2 22 24 13%0:01:02 0:06:06 0:30:08 10:38:25 0:31:52 Totals for 5060 9 176 185 100%0:01:05 0:08:13 0:47:17 173:47:43 0:53:51 SF5 FIRE MUTUAL AID 0 1 1 100%0:00:29 0:00:00 0:00:00 0:00:33 0:00:33 Subtotals for MUTA 0 1 1 100%0:00:29 0:00:00 0:00:00 0:00:33 0:00:33 Totals for SF5 0 1 1 100%0:00:29 0:00:00 0:00:00 0:00:33 0:00:33 SF7 ACCIDENT UNKNOWN INJURIES 0 1 1 33%0:00:27 0:02:38 0:53:54 0:56:59 0:56:59 Subtotals for EMS 0 1 1 33%0:00:27 0:02:38 0:53:54 0:56:59 0:56:59 FIRE MUTUAL AID 0 1 1 33%0:00:38 0:05:50 0:22:20 0:28:48 0:28:48 RESCUE MUTUAL AID 0 1 1 33%0:01:30 0:07:26 0:21:01 0:29:57 0:29:57 Subtotals for MUTA 0 2 2 67%0:01:04 0:06:38 0:21:40 0:58:45 0:29:22 Page 6 of 7INCIDENTS BY ZONE Station/Beat Code Nature Code Self Init CFS Total % Total Avg Disp Time Avg Resp Time Avg Scene Time Total Call Time Avg Call Time Totals for SF7 0 3 3 100%0:00:52 0:05:18 0:32:25 1:55:44 0:38:35 SF9 FIRE MUTUAL AID 0 2 2 100%0:00:21 0:16:27 5:24:40 5:41:59 2:51:00 Subtotals for MUTA 0 2 2 100%0:00:21 0:16:27 5:24:40 5:41:59 2:51:00 Totals for SF9 0 2 2 100%0:00:21 0:16:27 5:24:40 5:41:59 2:51:00 SH6 RESCUE MUTUAL AID 0 1 1 100%0:01:46 0:00:00 0:00:00 1:05:23 1:05:23 Subtotals for MUTA 0 1 1 100%0:01:46 0:00:00 0:00:00 1:05:23 1:05:23 Totals for SH6 0 1 1 100%0:01:46 0:00:00 0:00:00 1:05:23 1:05:23 SRYE RESCUE MUTUAL AID 0 3 3 100%0:01:29 0:29:10 1:07:15 4:53:46 1:37:55 Subtotals for MUTA 0 3 3 100%0:01:29 0:29:10 1:07:15 4:53:46 1:37:55 Totals for SRYE 0 3 3 100%0:01:29 0:29:10 1:07:15 4:53:46 1:37:55 Page 7 of 7INCIDENTS BY ZONE MEMORANDUM TO: Tony Wilson, Director of Public Works FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup DATE: June 21, 2016 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 months of May thru June 2016: Holly Run Dr: Walters to Carrsville Hwy. Burdette Rd: Walter`s Hwy to Convenience Center Turner Dr: Benns Church Blvd to Scotts Factory Rd. Magnet Dr: Foursquare Rd to Comet Rd. White House Rd: Magnet Dr to Comet Rd. Carroll Bridge Rd: Scott`s Factory Rd to Woodland Dr. Scott`s Factory Rd: Courthouse Hwy to Tuner Dr. Muddy Cross Dr: Turner Dr to Benns Church Blvd. Tan Rd: Benn Church Blvd to Lankford Ln. Emmanuel Church Rd: Magnet Dr to Mill Swamp Rd. The following is a list where litter is scheduled to be picked up during the months of July thru October 2016: Stave Mill Rd: Windsor Blvd to Cut Thru Rd. Cut Thru Rd: Stave Mill Rd to Courthouse Hwy Clydesdale Dr: Courthouse Hwy to Stave Mill Rd. Central Hill Rd: Courthouse Hwy to Four Square Rd. Four Square Rd: Courthouse Hwy to Ting Rd. Old Stage Hwy: Rte 10 to Berry Hill Rd. Berry Hill Rd: Rte 10 to Old Stage Hwy Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY Extension is a joint program of Virginia Tech, Virginia State University, the U.S. Department of Agriculture, and state and local governments. Virginia Cooperative Extension programs and employment are open to all, regardless of age, color, disability, gender, gender identity, gender expression, national origin, political affiliation, race, religion, sexual orientation, genetic information, veteran status, or any other basis protected by law. An equal opportunity/affirmative action employer. Invent the Future Virginia Cooperative Extension Isle of Wight County 17100 Monument Circle, Suite B Isle of Wight, VA 23397 757-365-6261 Fax: 757-357-9610 email: jaashle2@vt.edu www.vt.edu Isle of Wight Extension Report June 2016 Janet Spencer, Extension Agent, Agriculture & Natural Resources Kimberly Atkins, Extension Agent, 4-H Youth Development Valerie Nichols, Unit Administrative Assistant Karla Robbins, Extension Agent, FCS/SNAP Education Agriculture  Continued to provide support and coordination for the Isle of Wight Master Gardeners (60 active volunteers) and the Historic Southside Master Naturalist Chapter (50 active volunteers).  Continued work with the Master Gardener HelpLine and assisted volunteers with homeowner recommendations.  Continued planning the Young Gardener program with the Luter Family YMCA. Class outlines were developed and approved by YMCA personnel. Classes are set to begin in mid-July with youth enrolled in the YMCA summer camp program. Atkinson will assist with the development of this program.  Provided approximately 10 soil sample kits to local residents and industry personnel.  Provided information to 8 individuals concerning pesticide application requirements, land rent, soil fertility, lawn/turf management, insect identification, and horse pasture maintenance.  Continued work on the weed management study at Bennet’s Creek Nursery. Several weeks of data has been collected and will continue into the summer & fall.  Collaborated with the Surry County ANR Extension Agent to develop a Forages Field Day, which was held on June 14, 2016.  Attended the Peanut Soil & Water Conservation District’s monthly meeting. Spencer is currently serving as a Director for this board.  Attended director training in Suffolk provided by VA Soil & Water Conservation District state association.  Assisted and presented at a Commercial Pesticide Applicator Recertification course held in Emporia, approximately 35 applicators received recertification.  Met with the Isle of Wight County Fair Chairman to discuss plans for the Field & Garden Tent. VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY An equal opportunity, affirmative action institution 4-H Youth Development  Completed 4-H Camp Counselor training  Attended new agent training in Blacksburg.  Begin preliminary plans for the 4-H tent at the Isle of Wight County Fair. o Received several 4-H Livestock entries for the 4-H competitions.  Junior 4-H Camp was held June 27-July 1 at the Airfield 4-H Center in Wakefield. Approximately 200 youth (including counselors) from the counties of Isle of Wight and Southampton attended. Camp was organized and supervised by Atkinson, Spencer, and Nichols. Robbins taught a healthy cooking class during camp to encourage healthier food choices and eating habits. o Through a partnership with the CHIP program in Smithfield, 25 Isle of Wight children from at-risk populations or low-income homes were able to attend camp free of charge.  Updated the Isle of Wight/Southampton County 4-H social media sites. Outreach and Administrative  Spencer attended the quarterly Unit Coordinator meeting.  Spencer attended a weekly Smithfield Rotary Club meeting to present information on services provided by the local Extension office, as well as information on agriculture in Isle of Wight County. Face-to-face: 600 Calls: 250 Emails: 300 Social Media: 5 more “likes” for Agriculture and Natural Resources facebook page. ISSUE: Welcome Sign Design Options BACKGROUND: The signage located at the County’s primary entry points sends a visual message about our community to individuals visiting or travelling along our major thoroughfares. Currently, many of the signs welcoming motorists to the County are in need of repair or replacement. In this regard, staff has solicited bids from several vendors for replacement the County’s welcome signs. The final design will be presented for the Board’s feedback. RECOMMENDATION: Per the Board’s discussion. ATTACHMENTS: Welcome Sign Design Options Locations Route 17-Foot of JRB Route 10 at RVFD Route 10 from Suffolk Cost $1,300.00 per sign installed Dimensions 96” W x 54” H 6x6 posts Cost $1,300.00 per sign $3,000.00 per brick base Locations Route 460 from Suffolk Route 460 from Southampton Route 58 Business from Suffolk Route 58 Business from Franklin Dimensions 72” H x 42” W 6x6 post Cost $975.00 per sign installed