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09-15-2016 Regular MeetingREGULAR SCHEDULED 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 FIFTHEENTH DAY OF SEPTEMBER 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 Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER/CLOSED MEETING At 5:00 p.m., the meeting was called to order by Chairman Alphin and the following matters were identified for discussion during closed meeting by County Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia to discuss the appointment of specific appointees to County boards, committees or authorities; pursuant to Section 2.2-371 I (A)(1) to discuss the performance evaluation of the County Attorney; and, pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel related to the Nike Park Trail project. Supervisor McCarty 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. At 6:00 p.m., Supervisor Acree moved that the Board return to open meeting 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. 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, 1 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 II INVOCATION/PLEDGE OF ALLEGIANCE Supervisor Jefferson delivered the Invocation and led the Pledge of Allegiance to the American Flag. County Administrator Keaton was formally introduced by Chairman Alphin. APPROVAL OF AGENDA Supervisor Jefferson moved that the agenda be adopted as amended below: 1) Item 6(B), a Resolution to Enter into Agreement with the Virginia Department of Transportation (VDOT) for Enforcement of the Removal of Illegal Signs and Advertising within the Limits of the Right -of -Way, was moved from the Consent Agenda to New Business. 2) An item concerning services of the Blackwater Regional Library was added under New Business. 3) An item concerning the Stormwater Management Program was added under New Business. 4) An item for consideration of directing the County Administrator to develop a Small Business Owner Committee charged with representing issues faced by small business owners was added to New Business. 2 The motion passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. CITIZENS COMMENTS Herb DeGroft of Mill Swamp Road addressed the need for economic growth and encouraged solicitation of water bottling companies into the County. Victoria Hewlitt, School Board member, spoke to the positive relationship between the Board and the School Board and extended an invitation to the Board to tour the County's school facilities. CONSENT AGENDA A. Request of Joseph Joynes on Behalf of Sentara Corporate Facilities for a Waiver from Article IX, Section 9-1006.B.I.iii.a of the Zoning Ordinance to Allow for a Monument Sign to be Located Closer to the Right of Way than Permitted by the Zoning Ordinance B. July 21, 2016 Regular Meeting Minutes Supervisor McCarty moved that the Consent Agenda be adopted as presented which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Grice reported on items of discussion at a recent workshop conducted by the Economic Development Alliance relative to new goals for economic growth in the Hampton Roads region. Supervisor Grice reported on action items at the most recent meeting of the Commission on Aging involving the selection of new officers; upcoming events; and, the appointment of a task force for the Senior Health & Wellness Fair. Supervisor Grice reported on items of discussion at the most recent meeting of the Blackwater Regional Library Board and advised that he will be presenting a funding request later under New Business relative to library services. Supervisor Jefferson reported on topics of discussion held at the most recent meeting of the Western Tidewater Regional Jail Board involving bed capacity; the number of County citizens housed in the Jail; allocated percentage spent to date and balance remaining; the desire to return the Fund Balance to 10% from savings realized last fiscal year. He further reported on 3 an electronic monitoring program which yielded $999,906 in revenue and an energy conservation program realized in association with the installation of new equipment. Supervisor Acree reported on items of discussion at the most recent meeting of the VACo Transportation Steering Committee which involved the review of the preliminary position statement. He also advised that a presentation from Department Rail & Public Transportation involving traffic on rail concerns was received and the Fast Lane project, the Metro Safety Commission and the VDOT Smart Skill project was also discussed. Supervisor Acree reported on items discussed at the most recent meeting of the Fire & Rescue Association which involved CIP items; fleet size; and, County apparatus. Supervisors Acree and McCarty reported on a VACo County Certified Supervisors class recently attended is great for networking and learning about challenges being faced by other localities. Supervisor McCarty elaborated on topics of discussion at the TRIAD event with regard to keeping seniors safe and learning of scams. County Administrator Keaton reported on items discussed at the most recent meeting of the Hampton Roads Planning District Commission which included a proposal from Virginia Beach regarding the Roanoke River Basin Association assistance with lobbying against uranium mining in their river basin. He further reported that the Finance Committee will be returning at the October 2016 meeting with a recommendation and determination on whether or not a pro -rata share is warranted with regards to the cost associated with the Director's pay. County Administrator Keaton reported that the Hampton Roads Transportation Planning Organization recently discussed the Hampton Roads Crossing Study Supplemental Environmental Impact Statement and factors for consideration on the selection of an alternative which involve which will be the most financially feasible because of environmental permitting and which will provide the most cost effective way to relieve congestion. He further reported that VDOT will be returning with a recommendation on the conversion of HOV lanes to HOT lanes following the completion of its study. County Administrator Keaton reported on discussions at the Hampton Roads Transportation Accountability Commission pertaining to a financing plan for all regional projects, to include the sequence in which to build them and when bond funding should be used to accelerate those projects. COUNTY ATTORNEY'S REPORT County Attorney Popovich provided a PowerPoint presentation outlining the requirements under the Virginia Freedom of Information Act. 0 County Attorney Popovich was requested to provide a copy of his presentation to the Board for its future reference. PUBLIC HEARINGS A. The Application of Jean E. Barcroft, Owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Rural Residential (RR) to create two (2) single family residential lots on the east side of Burwell's Bay Road (Rt. 621) north of its intersection with Jones Drive (Rt. 626) in the Carrsville Election District and the request to withdraw 2.0 Acres from the Moonlight Agricultural/Forestal District. Sandy Robinson, Planning & Zoning, provided an overview of the application and its purpose and advised that the applicant could not be present due to health reasons. She advised that the Planning Commission unanimously voted to recommend approval to the Board and staff also recommends approval of the rezoning application and its withdrawal from the agricultural/forestal district as presented. Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. No one appeared and spoke. The public hearing was closed and Chairman Alphin moved that the application be approved which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. B. Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix D, Agricultural Districts, Section D-1, District Establishment Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed ordinance amendment. Upon no one appearing to speak, the public hearing was closed. Supervisor Acree moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX D. AGRICULTURAL DISTRICTS. SECTION D-1. DISTRICT ESTABLISHMENT. 5 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it to be in the best interest of Isle of Wight County to continue its support for the conservation and protection of its agricultural and forestal lands; and WHEREAS, Section 15.2-4300 et seq. of the Code of Virginia (1950, as amended) provides localities with the legal authority to establish and maintain agricultural and forestal districts under which Isle of Wight County has enacted Appendix D of the Isle of Wight County Code; and WHEREAS, Section 15.2-4311 of the Code of Virginia (1950, as amended) requires that a review of said district(s) be made every four to ten years; and WHEREAS, a review of the Courthouse agricultural district has determined no changes need to be made to said district at this time requiring only a renewal of the district itself; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix D, Agricultural Districts, Section D-1 of the Isle of Wight County Code be amended and reenacted as follows: APPENDIX D. AGRICULTURAL DISTRICTS. Sec. D-2. District Establishment. The County of Isle of Wight, Virginia, finds that the conservation and protection of its agricultural and forestal lands for the production of food and agricultural and forestal products is vital to the public interest and upon the advice of the agricultural and forestal districts advisory committee and the planning commission, and after the conduct of a public hearing, and with the concurrence of the landowners, the board of supervisors of Isle of Wight County does hereby promulgate the existence of the Longview agricultural district, the Knoxville agricultural district and the Courthouse agricultural district initially created and established by separate ordinances in accordance with the provisions of the Code of Virginia (1950, as amended), as follows: A. Longview agricultural district established on June 21, 1979 for a period of eight (8) years, and subsequently renewed, effective June 21, 1987 for a period of eight (8) years, renewed effective June 21, 1995 for a period of ten (10) years, renewed effective June 21, 2005 for a period of ten (10) years, and renewed June 21, 2015 for a ten (10) year period to expire on June 21, 2025; and B. Knoxville agricultural district established on April 21, 1983 for a period of eight (8) years, and subsequently renewed, effective April 21, 1991 for a period of ten (10) years, renewed effective April 21, 2001 for a period of ten (10) years, and renewed 0 effective April 21, 2011 for a period of ten (10) years to expire on June 21, 2021; and C. Courthouse agricultural district established on September 15, 19$$ for a period of eight (8) years, and subsequently renewed, effective October 17, 1996 for a period of ten (10) years, renewed effective October 17, 2006 for a period of ten (10) years, and renewed September 15, 2016 for a period of ten (10) years to expire on September 15, 2026. D. Moonlight agricultural/forestal district established on September 20, 2012 for a period of ten (10) years to expire on September 20, 2022. (Ord. No. 2011-17-C, 9-1-11; Ord. No. 2012-9-C, 9-20- 12.) The motion passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. C. Ordinance to Amend and Reenact the Following Sections of the Isle of Wight County Code, Appendix B, Zoning: Article II, Interpretations and Basic Definitions; Section 2-1002, Definitions; Article III, Use types; Sections 3-4000, Civic Use Types and 3-6000, Commercial Use Types; Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; Section 5-2000, Supplementary Density and Dimensional Regulations, Section 5-5001, Supplementary Use Regulations for Agricultural Use Types, Section 5-5002, Supplementary Use Regulations for Residential Use Types, Section 5- 5005, Supplementary Use Regulations for Commercial Use Types; and Article X, Vehicle Parking Facilities; Section 10-1010, Table of Use Types and Parking Requirements; in Order to Review and Revise Use Types, Bulk Regulations, and Supporting Language. Following a briefing from Richard Rudnicki, Assistant Director of Planning and Zoning, regarding the purpose of the amendment, Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed ordinance amendment. Noting the voluminous content of the proposed ordinance amendment, Supervisor McCarty moved that the Ordinance be deferred until the Board's October 20, 2016 meeting for further discussion which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. 7 COUNTY ADMINISTRATOR'S REPORT An overview of the County's 2016 Legislative Agenda was provided by Mr. Robertson who requested that the Board begin to give consideration to items for inclusion in the County's 2017 legislative agenda package. An overview of ongoing major County development projects was provided by Mr. Rudnicki. Supervisor Grice requested County Administrator Keaton to provide a final financial report on the Benn's Grant project. Matters for the Board's information were highlighted by County Administrator Keaton. County Administrator Keaton announced the hire of David Smith as the County's Parks & Recreation Director effective October 1, 2016. County Administrator Keaton advised that the position of Director of Planning & Zoning is currently being advertised. UNFINISHED/OLD BUSINESS Regarding An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 4, Buildings, Mr. Robertson advised that staff is continuing its research on this matter for consideration of the Board at its October. NEW BUSINESS A Resolution to Accept and Appropriate Funding from the Million Cat Challenge Incentive Grant was presented for consideration. Supervisor Acree moved that the following Resolution be adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE MILLION CAT CHALLENGE WHEREAS, the Isle of Wight County Board of Supervisors has authorized an application for funding from the Million Cat Challenge Incentive Grant; and, WHEREAS, grant funds in the amount of one thousand dollars ($1000.00) from the Million Cat Challenge Incentive Grant needs to be accepted and appropriated to the FY 2016-17 General Operating Budget of the County of Isle of Wight Virginia. H NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that grant funds in the amount of one thousand dollars ($1000.00) or so much as shall be received from the Million Cat Challenge Incentive Grant be appropriated to the appropriate line item in the FY 2016-17 General Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Consideration of an allocation of $20,000 for the Blackwater Regional Library was requested by Supervisor Grice responsive to cutbacks resulting from a reduction in funding of $11,000 from the County. Supervisor McCarty moved that the Board appropriate $20,000 to the Blackwater Library system which passed unanimously (5--0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. At the request of Chairman Alphin, it was the consensus of the Board that the stormwater management program be reevaluated and consideration be given to exempt churches of that fee. At the request of Supervisor McCarty, it was the consensus of the Board that the County Administrator be directed to create an advisory Small Business Owner Committee consisting of small business owners from each district charged with advising the Board on economic impacts to small businesses with regard to future development. Recognizing the need for the Board to conduct monthly work sessions for the purpose of discussing identified matters in greater detail and receiving reports from staff, Supervisor McCarty moved that the Board set a work session for the first Thursday of each month at 6:00 p.m. which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. In recognition of Union Bethel AME Church's 150 year anniversary, Supervisor Jefferson moved that a Resolution, to be created by staff, be adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Acree addressed the issue of standardized Emergency Services certifications with respect to how best to proceed. 9 A Resolution to Enter into Agreement with the Virginia Department of Transportation (VDOT) for Enforcement of the Removal of Illegal Signs and Advertising within the Limits of the Right -of -Way, moved from the Consent Agenda under Approval of the Agenda, was presented for consideration. Supervisor Acree moved that the following Resolution be adopted with the understanding that staff is not to begin enforcement until a policy and procedure is developed and adopted by the Board which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO ENTER INTO AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR ENFORCEMENT OF LAWS REGARDING ILLEGAL SIGNS AND ADVERTISING WITHIN THE LIMITS OF THE HIGHWAY WHEREAS, the Board of Supervisors, as the governing body of Isle of Wight County, has an interest in protecting the public health, safety, and welfare, and in protecting the appearance of the County, in general; and, WHEREAS, the Board has found that the proliferation of signs and advertising in the rights-of-way of highways in Isle of Wight County threatens the public safety and the welfare of the County, and has a negative effect on the appearance of highways; and, WHEREAS, the Commissioner of Highways of the Commonwealth of Virginia (Commissioner) desires the Board's assistance in removing signs and advertising from VDOT maintained highways in Isle of Wight County; and, WHEREAS, the Board believes that enforcement of the removal of signs and advertising in the rights-of-way of highways in Isle of Wight County in support of the Commissioner provides a public benefit to the citizens of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia authorizes its representative to enter into an agreement with VDOT to enforce the provisions of § 33.2-1224 of the Code of Virginia (1950), as amended. ADJOURNMENT At 9:00 p.m., Chairman Alphin declared the m ftp adjourned. } . Alphin, Carey kills Storm, lerk 10