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10-19-2017 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, THE NINETEENTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND SEVENTEEN PRESENT: William M. McCarty, Vice -Chairman, Newport District Rudolph Jefferson, Hardy District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ABSENT: Rex W. Alphin, Chairman, Carrsville District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Vice -Chairman McCarty called the regular Board of Supervisors' meeting to order at 5:00 p.m. and remarked that the Board's meeting this evening is being live streamed on Facebook for the first time. APPROVAL OF AGENDA/AMENDMENTS Upon motion of Supervisor Acree, all those present voting in favor (4-0) and Chairman Alphin absent, the agenda was approved as presented. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities; pursuant to 2.2-3711(A)(7) regarding consultation with legal counsel regarding actual litigation with International Paper where such consultation would adversely affect the negotiating or litigation posture of this public body; and, pursuant to Section 2.2-3711(A)(5) regarding a discussion concerning a prospective business or industry or the expansion of a business or industry where no previous announcement has been made of the business or industry's interest locating or expanding its facilities in the community. Upon motion of Supervisor Acree, all those present voting in favor (4-0) and Chairman Alphin absent, the Board entered the closed meeting for the reasons stated by County Attorney Popovich. Upon motion of Supervisor Acree and all those present voting in favor (4-0) and Chairman Alphin absent, the Board reconvened into open meeting. Upon motion of Supervisor Jefferson, the following Resolution was 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, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: Alphin ABSENT DURING MEETING: 0 INVOCATION PLEDGE OF ALLEGIANCE Supervisor Jefferson delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Mark Brown, owner of Brown's Marina, notified the Board about an oyster operation occurring on County owned property at Tyler's Beach. Alvin W. Wilson, II, notified the Board of his need for a waiver from the County's Stormwater Ordinance to allow him to replace his previous home which was destroyed by fire with a modular home. Albert Burckard, on behalf of the Isle of Wight Historical Society, requested the status of historic designation of certain County buildings and the acquisition of a missile from the City of Hampton for location at Nike Park. I Beverly H. Walkup, on behalf of Clay Sawyer, notified the Board that Mr. Sawyer would be making a presentation to the Board under New Business. Melvin Atkinson of Courthouse Highway requested the County's consideration in increased funding for the Extension Office. Alvin Wilson of the Hardy District requested that the Board favorably consider his son's (Alvin W. Wilson, II) request for a waiver from the County's Stormwater Ordinance. Cornelius Drew of Surry advised that he is adhering to all rules and regulations set forth by the Virginia Marine Resource Commission and the County's Parks & Recreation Department regarding his oyster operation at Tyler's Beach Boat Harbor. Responsive to Mr. Wilson's comments, Supervisor Acree directed Mr. Jennings to inform Mr. Wilson of the Board's consensus to revise the County's Stormwater Ordinance which will assist him in his efforts to replace his home destroyed by fire with a modular home. Responsive to concerns expressed relative to ongoing oyster efforts at Tyler's Beach Boat Harbor by Cornelius Drew, County Attorney Popovich advised that Mr. Drew has obtained the required annual permit to dock his boat at the pier and that fishermen are not required to obtain a business license. Supervisor Grice commented that the County Administrator is currently working with the State regarding 4-H staffing. Supervisor McCarty requested Mr. Jennings to move forward with administratively waiving the current requirements under the Stormwater Ordinance as it relates to his replacement home. County Administrator Keaton advised that he would contact Mr. Terry Hall and inquire about the status of the historic application on behalf of the County. He further advised that 4-H positions have been cut nationwide and he will continue his discussions regarding the replacement of the Cooperative Extension Agent vacated by Janet Spencer. CONSENT AGENDA A. Resolution to Appropriate Bond Proceeds from the Series 2017B General Obligation Refunding Bonds and Re -allocate a Portion of Debt Service Savings to Pay Costs of Issuance in Connection with the Refunding Bond Sale B. Resolution of Support for the American College Testing Work Ready Communities Initiative (ACT WRC) C. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management and Allstate for Repairs to Sheriff's Department Vehicles ($8,965) D. Resolution to Authorize Grant Submission and Accept and Appropriate Virginia Information Technology Agency Grant Funds ($2,000) E. Resolution to Accept and Appropriate Virginia Division of Motor Vehicles Highway Safety Grant Funds ($27,700) F. Resolution to Apply for VDOT Revenue Sharing Grant for the Design and Construction of the Shiloh Drive Sidewalk Project G. Facility Fee and Use Policies for the Sports Complex in Smithfield H. Authorization to Execute the Local Update of Census Addresses Registration Form Signifying the County's Commitment to Participate in the 2020 Census I. Minutes of August 17, 2017 Regular Meeting and September 6, 2017 Work Session Upon motion of Supervisor Acree, all those present voting in favor (4-0) and Chairman Alphin absent, the Consent Agenda was adopted with the removal of Item (G), the Facility Fee and Use Policies for the Sports Complex in Smithfield. On motion of Supervisor Grice, all those present voting in favor (4-0) and Chairman Alphin absent, the MOU was adopted as revised and presented along with the policies and procedures. REGIONAL AND INTER -GOVERNMENTAL. REPORTS Supervisor Grice reported on a Leadership Forum he had attended earlier in the week. Supervisor Grice reported on the success of the Commission on Aging's recent Health Fair. APPOINTMENTS On motion of Supervisor Jefferson, all those present voting in favor (4-0) and Chairman Alphin absent, Toni Brown was reappointed to serve on the Western Tidewater Mental Health Community Services Board. On motion of Supervisor Acree, all those present voting in favor (4-0) and Chairman Alphin absent, Mary Sue Rawls was reappointed to serve on the Western Tidewater Mental Health Community Services Board. On motion of Supervisor Grice, all those present voting in favor (4-0) and Chairman Alphin absent, Randy Keaton was appointed as the Primary and Mark C. 2 Popovich was appointed as the Alternate on the Southeastern Public Service Authority. SPECIAL PRESENTATIONS Shawn Avery, Executive Director, Opportunity, Inc., briefed the Board regarding the region's Workforce Development Program. Danny Byrum, Chairman of the County Fair Committee, reported on the success of the 2017 County Fair. COUNTY ATTORNEY'S REPORT County Attorney Popovich addressed proposed revisions to the Fire Prevention Ordinance intended to make the Ordinance more user friendly and bring it into compliance with State law. On motion of Supervisor Acree, all those present voting in favor (4-0) and Chairman Alphin absent, the County Attorney was directed to proceed with obtaining approval to the proposed changes to the open burning provisions from the State Air Pollution Control Board and to set the matter for public hearing. PUBLIC HEARINGS Vice -Chairman McCarty opened the public hearing and called for persons to speak in favor or in opposition to the sale of public property located at 5 East Griffin Street in Windsor. Annette Binns of Windsor, Virginia claimed the property and advised that she was also interested in purchasing Lot D from the County. The public hearing was closed and comments solicited from the Board. On motion of Supervisor Jefferson, all those present voting in favor (4-0) and Chairman Alphin absent, the sale of property located at 5 East Griffin Street in Windsor was authorized to Ms. Binns, COUNTY ADMINISTRATOR'S REPORT Richard Rudnicki, Assistant Director of Planning & Zoning, provided an update on the Comprehensive Plan community meetings and results associated with the public participation survey. On the issue of the Isle of Wight Museum Partnership Agreement, Supervisor Grice recommended that County Administrator Keaton or his designated representative compile a comprehensive list of assets (building and grounds), its present condition, standard facility operating and maintenance cost and initiate dialogue with the Town of Smithfield to determine its operational cost associated with personnel and staff and once those numbers and revenue streams are determined, that County Administrator Keaton be authorized to work out an 5 arrangement and be prepared to resolve any issue during the County's budget period next spring. Matters for the Board's information were highlighted by County Administrator Keaton. County Administrator Keaton briefed the Board regarding progress to date on the installation of the new E-911 towers. He advised that a radio list has been sent to the various fire and rescue agencies and the timeline for going online remains April 1, 2018. He reported that the E-911 Board has accepted an offer from York County to temporarily transfer the County's staff to York County for a period of two to four weeks while the live cutover occurs to ensure that E-911 service is not lost during that period. UNFINISHED/OLD BUSINESS Donald Robertson, Assistant County Administrator, provided an update on legislative priorities and presented a Resolution Establishing IOWC Legislative Priorities for the 2018 Session of the General Assembly which was deferred until the Board's November 16, 2017 meeting for inclusion of an item regarding the Board's position on proffers. Upon recommendation by Supervisor Grice, it was the Board's consensus that County Administrator Keaton set up a round table meeting with State House and Senate representatives (following the election) prior to the Board adopting its legislative agenda. NEW BUSINESS Trenton Blowe, Transportation Planner, presented the application of W.C. Sawyer for an exception to Section 6-2010.A.3A and 6-2010.A.7.b of the Newport Development Service Overlay District (NDSO) standards and Section 5-5005.U.5 of the Supplementary Use Regulations of the Zoning Ordinance to allow the new expansion area to match the existing structures. Beverly H. Walkup, representing the applicant, addressed the weaknesses identified for the waiver request regarding metal walls and extension of the existing chain length fence. She stated the Zoning Ordinance allows for an exception process on a case-by-case basis and the requested exception is reasonable due to the high level of design and construction to be incorporated in the development and that the exception will result in design and construction in accordance with accepted design and building standards. She remarked that the proposed structures are an expansion of an existing mini warehouse facility and will match what is existing. She stated numerous other structures within the Northern Development Service Overlay District (NDSO) have met the requirements of the Zoning Ordinance for materials and screening and that it did not make sense to construct these two structures out of different materials which are less visible on this site than the other units. She stated that the applicant has proffered an alternative to stucco on one of the existing slightly more visible structures. She stated regarding the screen on a portion of the site located on R property not owned by the applicant, the site is not directly adjacent to Route 17 and the existing chain length fence currently extends halfway along this property. She remarked that the applicant has also met the required landscaping measures which adds to the vegetation screening at this location. She reiterated the strengths of the application related to the limited visibility of the building and fencing from Carrollton Boulevard noting that the applicant has offered to put one of the acceptable building materials from the NDSO standards on the building in the front of the property which is more visible from O'Meara Drive. She informed the Board that the dirt from the berm came from excavating the areas of the additional storage unit. She advised the applicant is asking to extend the chain length fence and go inside the berm continuing up the property line to connect with the existing fencing. Following remarks by Supervisors Acree and McCarty that there is not a need for additional screening due to the existing 20-30 feet of trees; that to require any other type of fencing would not be aesthetically pleasing; and, that most commonly used material on mini warehouses is metal, Supervisor McCarty moved with all those present voting in favor (4-0) with Chairman Alphin absent, that the application be approved with the modification of not imposing the extra vegetation. County Administrator Keaton advised that the Isle of Wight County School Division has received a School Security Equipment Grant in the amount of $100,000 to purchase security equipment for the Carrollton and Carrsville elementary schools which needs to be appropriated to the Isle of Wight County Schools Operating Fund. On motion of Supervisor Grice, all those present voting in favor (4-0) with Chairman Alphin absent, an increase in the appropriation to the School's Technology category in the amount of the grant received ($100,000) was approved. 11 County Administrator Keaton presented a Resolution to Endorse the Regional Broadband Initiative and GO Virginia Grant Application. On motion of Supervisor Jefferson, all those present voting in favor (4-0) with Chairman Alphin absent, the following Resolution was adopted: RESOLUTION TO ENDORSE THE REGIONAL BROADBAND INITIATIVE AND A GO VIRGINIA GRANT APPICATION WHEREAS, the Hampton Roads Planning District Commission (HRPDC) unanimously endorsed the formation and implementation of a regional broadband strategy to connect all 17 of its member jurisdictions; and, 7 WHEREAS, the implementation of this new digital technology infrastructure throughout the Hampton Roads region will accelerate the creation of 21"t Century jobs and support the creation of new and expanded businesses throughout the region; and, WHEREAS, the first transatlantic cable (Marea) landing has occurred on the shores of Virginia Beach and is connecting to a newly constructed cable landing station with the second cable (Brusa) under construction with additional transoceanic cable landings being planned; and, WHEREAS, those future cable landings will spur the construction of data centers and incentivize the expansion of internet knowledge based economic development throughout the region; and, WHEREAS, the regional broadband strategy anticipates a four-phase program to connect both Peninsula and Southside jurisdictions along with the many academic institutions, research, modeling and technology centers within the region; and, WHEREAS, the implementation of Wireless Networks requires the backhaul of data and communications via improved digital infrastructure and WHEREAS, the build out of fiber adjacent to our road network will create a "sensor -ready" environment to serve the testing and adaptation of autonomous vehicles WHEREAS, the intent of this Regional Broadband Initiative is to create a "middle mile" infrastructure that will also support private internet service providers' ability to reach underserved and unserved neighborhoods and expand affordable services to the small business community NOW, THEREFORE, BE IT RESOLVED that Board of Supervisors of the County of Isle of Wight, Virginia supports the creation and implementation of a Regional Broadband Strategy and GO Virginia Application. On motion of Supervisor Jefferson, all those present voting in favor (4-0) with Chairman Alphin absent, the following Resolution was adopted: RESOLUTION TO PLEDGE TO PARTICIPATE IN THE PROPOSED VENTURE TO INCLUDE A PROPORTIONAL FINANCIAL CONTRIBUTION FOR THE DEVELOPMENT AND OPERATION COST OF THE PROJECT WHEREAS, the Hampton Roads Planning District Commission has unanimously endorsed the proposed Unmanned Systems Testing and Demonstration Center proposal as a regional economic development initiative worthy of support through the Go Virginia project evaluation process; and, WHEREAS, the proposed project is envisioned to be incrementally developed on approximately 432 acres of surplus Commonwealth of Virginia property located in York County accessible to all Hampton Roads businesses involved in the design and development of unmanned systems technology; and, u WHEREAS, unmanned systems and aerospace development is identified as a high growth, high wage economic cluster within Southeast Virginia; and, WHEREAS, the proposal envisions a shared investment by multiple regional localities and a proportional share of project revenues; and, WHEREAS, a regional management and governance structure is anticipated that transparently allows the participation of all willing Hampton Roads local government partners based on parameters to be mutually established. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia does hereby pledge to participate in the proposed venture to include a proportional financial contribution for the development and operational cost of the project either directly or through its Economic Development Authority. BE IT FURTHER RESOLVED that such financial participation is understood to be contingent on the project receiving a substantial Go Virginia project grant, the completion of satisfactory cost sharing and governing arrangements as determined by the County Administrator, and customary and orderly budget approval procedures by the Board of Supervisors. County Administrator Keaton requested the Board to designate the County's voting delegate and alternate delegate for the upcoming Virginia Association of County's Annual Conference. On motion of Supervisor Grice, all those present voting in favor (4-0) with Chairman Alphin absent, Supervisor McCarty was designated as the County's Voting Delegate and Supervisor Acree as the Alternate Delegate authorized to vote at the VACo Annual Business meeting. Supervisor Acree remarked that the County's emergency responders are currently being dispatched on one frequency and must communicate back on a different frequency and he requested County Administrator Keaton to ensure that every effort is being taken to support the existing radio system. At the request of Supervisor Acree and on motion of Supervisor McCarty, all those prevent voting in favor (4-0) with Chairman Alphin absent, the November 2, 2017 work session was changed to Wednesday, November 1, 2017 at 6:00 p.m. 9 Supervisor Acree moved that the meeting be recessed and reconvened on October 261h at the Windsor Town Council chambers at 5:30 p.m. to conduct a Windsor Intergovernmental Relations Committee meeting of the full Board which was adopted withal those present voting in favor (4-0) with Chairman Alphin absent ADJOURNMENT At 10:00 p.m., Vice -Chairman McCarty declared the meeting adjourned. U� I . iL 5kr;�7 Carey ills o m, Clerk 10