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11-21-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY -FIRST DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: JoAnn W. Hall, Chairman Byron B. Bailey, Vice - Chairman Rex W. Alphin Delores C. Darden Alan E. Casteen Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk The meeting was called to order at 5:00 p.m. by Chairman Hall. Supervisor Darden provided the invocation and led the Pledge of Allegiance to the Flag. Under the APPROVAL OF THE AGENDA, County Attorney Popovich added one (1) matter to the closed meeting. Supervisor Alphin moved that the agenda be adopted, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. // Under SPECIAL PRESENTATIONS /APPEARANCES, two kittens available for adoption at the County's animal shelter were presented for adoption. The Smithfield Farmer's Market was recognized for being named one (1) of the "101 Best Farmers' Markets in America" by the TheDailyMeal. com. The following CONSENT AGENDA was considered: A. Farm Lease — Public Hearing Authorization B. Tax Refund i C. Tyler's Beach Tax Write -Off D. Western Tidewater Regional Jail Authority Legislative Request E. Covenants and Restrictions — HMGP Property F. SAFCO Donation Resolution to Accept Donated Office Chairs from SAFCO G. Dissolution of the South Hampton Roads Resource Conservation and Development Council Supervisor Alphin moved that Item (G), Dissolution of the South Hampton Roads Resource Conservation and Development Council, be removed and that the remaining items be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Regarding the issue of the dissolution of the South Hampton Roads Resource Conservation and Development Council, Supervisor Darden moved that the decision to dissolve the Council be supported. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Under REGIONAL REPORTS, Supervisor Darden reported on the Virginia Association of Counties Annual Conference with respect to the various programs attended by Board members at the Conference. Supervisor Darden reported that the Hampton Roads Planning District Commission had received a report on coastal zone management grants and reviewed the Commission's legislative agenda. Supervisor Darden reported on updates received by the Hampton Roads Transportation Organization on area projects. She advised that the Organization's legislative agenda was reviewed, in addition to the Six -Year Improvement Program. She further advised that the Hampton Roads area has received $20 million dollars in tax revenues under the new Transportation Bill and that the TPO is investigating its becoming a bonding entity. Supervisor Bailey reported that the Western Tidewater Regional Jail's audit had received an unmodified opinion; that the Jail is 67% at capacity; and, that the City of Norfolk has agreed to keep the Jail supplied with Federal inmates. He advised that high medical costs were discussed and that the security system is in need of being updated and the lighting replaced. 2 Supervisor Casteen reported that the Social Services Board had provided its employees with an annual appreciation breakfast. Chairman Hall reported that the Hampton Roads Mayors and Chairs had received a transportation update. Chairman Hall reported that she had attended the annual State of the County Breakfast sponsored by the Chamber of Commerce. Chairman Hall advised that she had spoken at two (2) Veterans Day programs. I/I Under TRANSPORTATION MATTERS, no items were offered for discussion. // Under CITIZENS COMMENTS, Charlie Broadwater, Treasurer and member, Western Tidewater Free Clinic, updated the Board on services provided by that Clinic. Pete Green requested the County to be conscientious about its expenditures and tax increases. He inquired about the status of the Route 460 project Jim Henderson requested the Board's endorsement of broadband access in the County. VA Under BOARD COMMENTS, the issue of broadband endorsement was discussed and staff was asked to return to the Board with a report on resource commitments. Under the COUNTY ATTORNEY'S REPORT, the issue of the HIPAA Privacy Rule was discussed and staff was directed to finalize an appropriate resolution designating the County as a hybrid entity, in accordance with HIPPA regulations, that specifically sets forth the health care components of the County for the Board's consideration at its December 19, 2013 meeting. County Attorney Popovich requested the Board to review the proposed By -Laws and Rules of Procedure and be prepared to discuss the provisions at its December 19, 2013 meeting for final adoption at its January 2, 2014 organizational meeting. 3 County Attorney Popovich requested authorization to advertise certain technical revisions to Chapter 1. General Provisions and Chapter 2. Administration. Supervisor Bailey moved that the County Attorney's office be authorized to advertise technical revisions to Chapter 1. General Provisions and Chapter 2. Administration for public hearing at the Board's December 199 2013 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Under the PARKS AND RECREATION REPORT, County Administrator Seward presented a Resolution Authorizing Application for Grant Funding from the Recreational Trails Program for the Board's consideration. Supervisor Alphin moved that the following Resolution be adopted: A RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDING FROM THE RECREATIONAL TRAILS PROGRAM WHEREAS, under the provisions of the Recreational Trails Program, grant funding is available to aid in financing the cost of the construction and /or rehabilitation of recreational trails and trail related facilities; and, WHEREAS, Isle of Wight County wishes to utilize grant funding to develop a youth ATV recreational trail project at Heritage Park. NOW, THEREFORE, BE IT RESOLVED by Board of Supervisors of the County of Isle of Wight, Virginia that: 1. The County Administrator be authorized to make formal application to DCR for funding assistance; 2. Any fund assistance received be used for implementation and completion of Heritage Park ATV Trail within the specified timeframe; 3. The County of Isle of Wight hereby certifies that project funding is committed and will be derived from Fiscal Year 2014 Isle of Wight County Operating Budget; 4. We acknowledge that we are responsible for supporting all non -cash commitments to this project should they not materialize; 5. We are aware that the grant, if approved by the Federal Highway Administration, will be paid on an 80 % -20% reimbursement basis. This El means we may only request payment after eligible and allowable costs have already been paid and remitted to our vendors and evidence of such has been provided to DCR in the format required by the project agreement. 6. This resolution becomes part of a formal application to the Virginia Department of Conservation & Recreation; 8. We acknowledge that we are responsible for compliance with the National Environmental Policy Act, and at a minimum the Endangered Species Act, and Historic Preservation Act as well as all applicable state and federal laws provided appropriate opportunity for public comment on this application; 9. We acknowledge that appropriate opportunity for public comment has been provided on this application and evidence of such is a required component for approval. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Under the EMERGENCY SERVICES REPORT, County Administrator Seward presented a Resolution to Accept and Appropriate Grant Funds from the State Homeland Security Program Grant for consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE STATE HOMELAND SECURITY PROGRAM GRANT WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has been allocated funding from the Commonwealth of Virginia Department of Emergency Management under the 2013 State Homeland Security Program (SHSP) grant; and, WHEREAS, funds in the amount of eight thousand two hundred and ninety -three dollars ($8,293) or so much as shall be received needs to be accepted and appropriated to the appropriate line items in the FY 2013 -14 General Operating Budget of Isle of Wight County, Virginia. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that eight thousand two hundred and ninety -three dollars ($8,293) or so much as shall be received be accepted and appropriated to the FY 2013 -14 General Operating Budget of Isle of Wight County, Virginia. 5 BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H Under the COUNTY ADMINISTRATOR'S REPORT, County Administrator Seward suggested that the Board conduct a work session on the Stormwater Management Program. Supervisor Alphin moved that the Board conduct a work session on December 5, 2013 at 5:00 p.m. The work session is to be videotaped. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Brandy B. Day, Director of Human Resources, briefed the Board on the Virginia Local Disability Program legislation which was created and mandated by the General Assembly and will become effective January 1, 2014. Supervisor Darden moved that a resolution be adopted rescinding the opt -out resolution adopted at the Board's October 2013 meeting and electing to participate in the Virginia Retirement System Virginia Local Disability Program. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mark W. Furlo, Director of Parks and Recreation, presented a request for the waiver of fees from the Smithfield Soccer Club. He recommended that the request be denied because the expenses for the operation of the park for that day will not be covered and the park will not be available for County citizens that day. Supervisor Bailey moved that the request be denied. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward brought to the Board's attention items contained in the agenda which are being provided for the Board's information. Z Under APPOINTMENTS, Supervisor Bailey moved that David F. Bugin be reappointed to represent the Newport District on the Board of Building Appeals. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey advised that Mr. Bugin does not wish to receive compensation for serving. Supervisor Alphin moved that Lisa T. Perry be appointed to replace W. Douglas Caskey as the voting member on the Chamber of Commerce. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall moved that Anne Seward be appointed, replacing W. Douglas Caskey, on the Emergency Communications Center Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall moved that Anne Seward be appointed, replacing W. Douglas Caskey, on the Hampton Roads Planning District Commission. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall moved that Anne Seward be appointed, replacing W. Douglas Caskey as the Ex- Officio member on the Southeastern Public Service Authority. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall moved that Anne Seward be appointed, replacing W. Douglas Caskey, on the Joint Tourism Committee. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall moved that Anne Seward be appointed, replacing W. Douglas Caskey, on the Town of Windsor Intergovernmental Relations Committee. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall moved that Anne Seward be appointed, replacing W. Douglas Caskey as the Alternate member on the Western Tidewater Jail 7 Authority. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall moved that Anne Seward be appointed, replacing W. Douglas Caskey as the voting member on the Western Tidewater Water Authority. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Pam Barton be appointed as the agency representative on the Commission on Aging. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. I/I Under OLD BUSINESS, there was no old business offered for discussion. Under NEW BUSINESS, there was no new business offered for discussion. // Under the Closed Meeting, County Attorney Popovich requested a closed meeting pursuant to Section 2.2 -371 LA.7 of the Freedom of Information Act concerning consultation with legal counsel requiring the provision of legal advice pertaining to Johnson Development Associates; under Section 2.2- 3711.A7. concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Great Springs Road ballfield; and, pursuant to Section 2.2- 3711.A.1 regarding a personnel matter. Supervisor Alphin 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 Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin 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- 3712.1) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 H Under Public Hearings, Richard Rudnicki, Planner, represented the application of Bennett's Creek Wholesale Nursery, owner, for a Conditional Use Permit on 30 acres of a 103.72 acre parcel of land, located at 17283 Benns Church Boulevard in the Windsor Election District. The purpose of the application is to allow for Resource Extraction to be operated on the site. Chairman Hall called for citizens to speak in favor of or in opposition to the application. Wayne Sawyer, President and owner of Bennett's Creek Nursery, requested the Board's approval of his application to build a pond which will provide additional water for irrigation. Chairman Hall closed the public hearing and called for comments from the Board. Albert Burckard commented that he would like for small groups to continue to be able to dig for fossil shells in the pits. 9 Mr. Sawyer stated that he has been informed by the State that the continuation of fossil hunting in the pits should not be a problem. Supervisor Darden moved that the application of Bennett's Creek Wholesale Nursery be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H County Attorney Popovich requested a closed meeting under Section 2.2- 3711.A.1 concerning a personnel matter. Supervisor Alphin moved that the Board enter the closed meeting for the reason stated by County Attorney Popovich. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the following resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 10 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Bailey moved that the Chairman be authorized to execute the agreement as discussed in closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that staff be directed to report back to the Board with an action plan with regard to purchasing procedures for fire and rescue equipment. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. i At 7:50 p.m., Chairman Hall declared the meeting adjourned. Byron b. Bailey, Chairman r Carey ills Storm, Clerk