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01-21-2016 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, JANUARY TWENTY FIRST 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 Donald T. Robertson, Acting County Administrator Carey Mills Storm, Clerk CALL TO ORDER/CLOSED MEETING Chairman Alphin called the meeting to order at 5:00 p.m. County Attorney Popovich requested a closed meeting pursuant to Section 2.2-311(A)(1) of the Code of Virginia concerning a discussion concerning the appointment of a specific public appointees to County boards/committees or authorities; pursuant to Section 2.2-3711(A)(5) concerning a discussion regarding a prospective business or industry where no previous announcement has been made of the business' interest in locating its facilities in the community; pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel requiring the provision of legal advice regarding actual litigation where such consultation is open session would adversely affect the negotiating position of the public body with respect to a lawsuit filed by International Paper; and, pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel employed by the public body regarding a probable litigation where such consultation in open session would adversely affect the negotiating position of the public body regarding a retaliation claim. Supervisor McCarty moved that the Board enter the closed meeting for the reasons discussed 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 session. 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 Jefferson moved that the Board adopt the following Resolution: 1 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 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE At 6:00 p.m., the invocation was delivered by Supervisor Jefferson followed by the Pledge of Allegiance to the Flag. APPROVAL OF AGENDA Supervisor Jefferson moved that the agenda be adopted as amended moving Citizens Comments prior to the Consent Agenda and Andrew Gregory's presentation before Carter Williams' presentation under Special Presentations. 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 Sandra Hess of Carrollton requested the requirements associated with a Conditional Use Permit variance for bed and breakfast establishments be reviewed. 2 Supervisor McCarty requested that staff look into Ms. Hess' stated concern. Barry Butler, Government Relations Specialist, provided the mission statement of the Peninsula Housing & Building Association and thanked the Board for its service to the citizens. Michael Uzzle of the Hardy District welcomed the new Board members and asked them to keep in mind their campaign pledge as they carry out the business of the County. Sam Cratch of the Windsor District welcomed the new Board members. Jose Hernandez of Carrollton advised the Board on events leading up to and associated with the recent installation of a new water meter; the sanitation practices used by the County to ensure the sanitary delivery of water; and his receipt of a delinquent tax notice from the County dated November 7, 2015, Chairman Alphin requested Mr. Robertson to investigate Mr. Hernandez's concern and provide a report regarding same back to the Board. Vicky Hulick of the Newport district, newly elected School Board member, welcomed the new Board members and expressed her desire for a good working relationship between the School Board and Board of Supervisors in the future. Judson West, Deputy Chief, Carrsville Volunteer Fire Department and Chairman of the County's Fire & Rescue Association, addressed the Board regarding the importance of funding for apparatus and equipment in the FY2016 CIP and 460 project Shelley Perry commented on the need for alternatives to deal with traffic congestion and construction in the County. Herb DeGroft voiced approval of the County's recent hire of Sanford Wanner as Interim County Administrator; commented on the need for a less onerous water payment on the front end for the County to the Western Tidewater Water Authority and recommended that the bike/walk path from Cypress Creek to Nike Park be deferred. Maggie Richards, Hardy District, noted her approval of the Citizens Comments period being moved to the beginning of Board meetings and the changes to the Board's By -Laws and Rules of Procedure. CONSENT AGENDA A. Resolution to Recognize the Contributions of a County Fair Committee Member 91 B. STOP Organization Certificate of Recognition C. Resolution to Accept and Appropriate Funding from VACoRP Risk Management for Repairs to a Sheriff's Office Vehicle D. December 17, 2015 Regular Meeting Minutes Supervisor Jefferson moved that the Consent 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. REGIONAL REPORTS A report was offered by Supervisor Jefferson on issues related to the Western Tidewater Jail Authority followed by a briefing by Chairman Alphin on items discussed at the most recent meeting of the Hampton Roads Transportation Commission. APPOINTMENTS Supervisor McCarty moved that Brenda Reynolds be appointed to replace Pat Clark representing the Newport District on the Commission on Aging. 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 McCarty moved that Thomas Finderson be appointed to replace Mary Jane Richter representing the Newport District on the Commission on Aging. 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 Grice moved that Denise Tynes be appointed to replace Debra Frank representing the Smithfield District on the Commission on Aging. 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 McCarty moved that the following Board members be appointed to serve on the following Board Committees for 2016: Public Works (Trash, Bldg., Refuse, Fleet) Acree McCarty Community Development (E.D., Planning, Grice 4 Inspections, Utilities) Alphin Joint Tourism Grice McCarty Parks, Recreation & Cultural Jefferson Alphin Personnel Jefferson McCarty Public Safety Jefferson (Fire, EM, 911, Sheriff) Acree Franklin Intergovernmental Relations Acree Alphin Smithfield Intergovernmental Relations Jefferson Grice Windsor Intergovernmental Relations Acree Alphin 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. Chairman Alphin moved that the following Board members be appointed TO the following regional organizations: H.R. Economic Development Alliance Grice H.R. Military Federal Facilities Alliance McCarty H.R. Planning District Commission Alphin Wanner H.R. Trans. Accountability Comm. Chair H.R. Transportation Planning Org. Alphin Jefferson/Alt. Southeastern Public Service Authority Popovich Tony Wilson/Alt. Western Tidewater Regional Jail Alphin Jefferson R Western Tidewater Water Authority Grice Acree Popovich/Alt. 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 Sanford Wanner, the County's incoming Interim County Administrator, be appointed to the Hampton Roads Planning District Commission. 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. SPECIAL PRESENTATIONS/APPEARANCE A. Town of Smithfield/Water Agreement Discussion Andrew C. Gregory, Vice -Mayor, Town of Smithfield, addressed the Board regarding the need for discussions between the County and the Town of Smithfield on a proposed water and sewer agreement. The consensus of the Board was that the matter be tabled for staff's review and recommendation back to the Board of the documents submitted by Mr. Gregory. B. Town of Smithfield - Snorts Complex A request was presented by T. Carter Williams, Mayor, Town of Smithfield, for funding from the County in the amount of $250,000 for a sports complex to be built on Town of Smithfield property. Supervisor Acree moved that the Town of Smithfield's funding request be tabled to allow for citizen feedback. 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. C. 2015 Isle of Wight County Fair Awards Danny Byrum, Isle of Wight County Fair Committee Chairman, addressed the Board regarding the awards received by the County in association with the 2015 Isle of Wight County Fair, D. Recognition of Carrsville Elementary School as a Distinguished Title I School Chairman Alphin moved that the following Resolution be adopted: 31 RESOLUTION TO RECOGNIZE CARRSVILLE ELEMENTARY SCHOOL'S DESIGNATION AS A DISTINGUISHED TITLE I SCHOOL WHEREAS, Title I of the Elementary and Secondary Education Act — which Congress reauthorized through passage of the Every Student Succeeds Act of 2015 — authorizes federal funding for programs to raise the achievement of students identified as being at risk of academic failure; and, WHEREAS, Title I Distinguished schools are recognized for meeting all state and federal accountability requirements for two consecutive years and achieving reading and mathematics SOL pass rates at 60th percentile or higher; and, WHEREAS, Carrsville Elementary School is among 55 schools being honored by the Virginia Board of Education for raising the academic achievement of economically disadvantaged students; and, WHEREAS, Carrsville Elementary has been recognized as a Distinguished Title I School seven times in the last eight years, and in 2013 they were honored as a National Blue Ribbon School; and, NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors does hereby recognize the designation of Carrsville Elementary School as a Distinguished Title I School. 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. PUBLIC HEARING Resolution to Adopt the FY2017-2026 Capital Improvements Plan Mr. Robertson advised that a brief description of each project is contained in the Board's agenda. Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Plan. Shelley Perry of 13458 Melissa Drive asked the Board to keep in mind needs versus wants. Rosa Turner of 4820 Old Stage Highway encouraged the Board to allocate funds for projects within the Hardy District. Herb DeGroft of 15411 Mill Swamp Road recommended that a study be conducted prior to any new school being built. 7 The public hearing was closed by Chairman Alphin who then called for comments from the Board. By motion of Supervisor Grice, which 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, action on the CIP was tabled until questions regarding certain projects and the method utilized for prioritization of projects in the Plan are addressed and returned to the Board at a later date. COUNTY ATTORNEY'S REPORT Claim for Reimbursement — Windsor and Carrollton Volunteer Fire Departments Following a PowerPoint presentation by County Attorney Popovich which outlined the history associated with the request by representatives of the Carrollton & Windsor Volunteer Fire Departments for reimbursement of legal fees associated with those Department's Facility Use Agreements, he recommended that the Board defer action of this matter until the Board's February 18, 2016 meeting to allow him to analyze materials already submitted from those Departments and to request additional information for audit purposes. Written Conflict of Interest Act disclosures were provided to the Clerk by Supervisor Acree, as Chief of the Carrollton Volunteer Fire Department and Supervisor Jefferson with regard to the Rushmere Volunteer Fire Department. Supervisor McCarty moved that the Carrollton and Windsor Volunteer Fire Departments be reimbursement for all legal fees with the caveat that they present necessary documents and that staff be directed to prepare a resolution appropriating $29,868.64 from the County's Unassigned Fund Balance. The motion was adopted by a vote of (3-2) with Supervisors Acree, Grice and McCarty voting in favor of the motion and Supervisors Alphin and Jefferson voting against the motion. COUNTY ADMINISTRATOR'S REPORT A. Staff Report — Transportation Jamie Oliver, Transportation Coordinator, provided a briefing relative to operations and administration of the Locally Administer Project (LAP) Program and associated funding sources. B. Resolution — Opposition to the Recommended Preferred Alternative to U. S. 460 M Supervisor Acree moved that the following Resolution be adopted: RESOLUTION TO OPPOSE THE RECOMMENDED PREFERRED ALTERNATIVE TO U.S. 460 WHEREAS, Isle of Wight County recognizes that the U.S. 460 Corridor Improvement Project is intended to benefit the long term interests of the Commonwealth; and, WHEREAS, Isle of Wight County acknowledges that specific constraints, including environmental issues, limit the location of the proposed corridor improvements in Isle of Wight County; and, WHEREAS, Isle of Wight County is a constructive partner regarding U.S. 460 corridor improvements that seek to benefit the welfare of various local, regional and statewide interests and stakeholders, including the Port of Virginia; and, WHEREAS, several of the Port of Virginia's largest customers are located in Isle of Wight County and have a demonstrated need to access the U.S. 460 Corridor Improvements in order to provide safe and efficient transport of their increasing freight traffic to and from the Port from the County's Shirley T. Holland Intermodal Park; and, WHEREAS, the Shirley T. Holland Intermodal Park has 974 developable acres planned and zoned for future industrial development which will necessarily generate additional employee and freight traffic; and, WHEREAS, the future expansion of the Shirley T. Holland Intermodal Park is a vital component of Isle of Wight County's sustained economic viability; and, WHEREAS, at its special meeting on February 11, 2015, the Board of Supervisors of Isle of Wight County adopted a resolution to support approval of the proposed location of the seventeen (17) mile recommended Preferred Alternative to U.S. 460 dated January 13, 2015, subject to five (5) specific conditions critical to the long-term interests of our community; and WHEREAS, VDOT submitted a Joint Permit Application to the U.S. Army Corps of Engineers on November 30, 2015 containing a refined corridor description which had not been previously submitted to, reviewed by, or otherwise shared with Isle of Wight for comment; and WHEREAS, upon review such refinement specifically excludes reasonable access at Isle of Wight's previously identified critical points, which were a crucial condition of the County's previous support; 7 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia expresses its objection to the Joint Permit Application package submitted for public review on November 30, 2015 without County input on design changes. IT IS HEREBY FURTHER RESOLVED that the Board of Supervisors expresses its opposition to the Recommended Preferred Alternative to U.S. 460, as detailed in the recently release permit application package. 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. C. Staff Report - Legislative Update Donald T. Robertson, Acting County Administrator, briefed the Board regarding bills Senator Lucas has agreed to patron in the 2016 session of the General Assembly, noting that similar bills would be carried in the House of Delegates by Delegate Tyler. D. Staff Report — Quarterly Financial Report for 2"`' Quarter of FY2016 Michael W. Terry, Director of Budget and Finance, addressed the Board regarding information compiled relative to the County's financial performance for the 2"d Quarter ended of FY2016. E. Motion to Set a Special Meeting Responsive to a request for a special meeting by Mr. Robertson for the purpose of training for the Board on the County's budget process, Supervisor McCarty moved that the Board set a special meeting for the purpose of discussing the Southeastern Public Service Authority and to receive training relative to the upcoming budget process on Thursday, February 4, 2016 at 10:00 a.m. and that staff be directed to invite representatives from Davenport & Company. 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. F. Matters for the Board's Information Acting County Administrator Robertson highlighted the following items included in the agenda for the Board's information: 1.) Monthly Reports/Tax Levies & Collections as of December 2015/Cash Position and Statement of the Treasurer's Accountability; 2.) Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2015/2016; 3.)Isle of Wight Website Statistics/December 2015; 4.) Solid Waste Division Litter Pickup; and, 5.) and Isle of Wight Extension Report/December 2015 10 UNFINISHED/OLD BUSINESS A. RFP/Gatlina Pointe Waterline Following discussion by the Board regarding it not being the right time to move forward with this project; the length of time it would take for the County to recoup its investment; and, that this project should be considered as part of the Comprehensive Plan, the consensus of the Board was to not take action. B. Board of Supervisors' BY -Laws and Rules of Procedure Following a report from County Attorney Popovich on proposed changes recommended by the Board's By -Laws and Rules of Procedure Committee and a recommendation from the Chairman regarding appointments to standing or ad-hoc committees, Supervisor McCarty moved that the By -Laws and Rules of Procedure be adopted as amended. 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. NEW BUSINESS A. Wooden Partition/Robert C. Claud, Sr. Board Room Supervisor Acree moved that the wooden partition be removed in the Board Room which separates the Board from the public it serves. The motion was adopted by a vote of (4-1) with Supervisors Acree, Alphin, Grice and McCarty voting in favor of the motion and Supervisor Jefferson voting against the motion. B. Audit of December 2015 Budget Projections In recognition of the Board's decision tonight to conduct a special meeting on February 4, 2016 to discuss the upcoming budget process; to receive a presentation by Davenport & Company; and, due to the Director of Budget and Finance's presentation earlier tonight, it was the consensus of the Board that it not take action on this matter. C. Convenience Center Schedule Chairman Alphin requested staff to return with recommendations for a revised schedule at the Board's February 18, 2016 meeting. D. Hiring Freeze (County Managerial Positions) Supervisor Grice moved that the following positions be placed on hold until the arrival of the Interim County Administrator on February 1, 2016: Director of Parks & Recreation; Assistant to the County Administrator; 11 Sanitation Supervisor; and, the Special Projects Manager. 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. ADJOURNMENT At 9:45 p.m., the meeting was declared adjourned by Chairman Alphin. Rex W. Alphin, Chairman Carey 10ills Arm, Clerk