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04-19-2018 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 APRIL IN THE YEAR TWO THOUSAND AND EIGHTEEN PRESENT: Rudolph Jefferson, Chairman, Hardy District William M. McCarty, Vice -Chairman, Newport District Don G. Rosie, II, Carrsville District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk ABSENT: Mark C. Popovich, County Attorney CALL TO ORDER Chairman Jefferson called the regular Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA AMENDMENTS Supervisor McCarty moved that the agenda be adopted with the following amendments: Under the Consent Agenda, remove the Resolution to Re - appropriate Unspent Funds from the FY2017 General Fund Assigned Fund Balance to the FY2018 General Fund School Maintenance and Repair Account ($465,415) and the Resolution to Accept Donated 6 -year Old Belgian Malinois Canine from the United States Department of the Navy; under Special Presentation, add a presentation by the Chief of the Fire & Rescue Association; and, under Old Business, remove the request for an appropriation to the Carrollton Volunteer Fire Department for truck repairs. The motion was unanimously adopted (S-0). CLOSED MEETING The following matters were identified for discussion in closed meeting by County Administrator Keaton: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia a discussion regarding the appointment of specific appointees to County boards, committees or authorities and pursuant to Section 2.2-3711(A)(3) regarding disposition of public property where discussed in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Administrator Keaton. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Administrator Keaton reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty, 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, Rosie, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Chairman Jefferson delivered the invocation and lead the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Billy Forbes, a resident of Jones Creek, notified the Board of numerous safety violations at Jones Creek. 2 County Administrator Keaton responded that staff is currently working on the code violations at Jones Creek and that the Health Department has been notified. Fred Mitchell of Sugar Hill Road advised the Board that its volunteers are being disrespected and are dissatisfied with changes proposed in the budget. Supervisor Acree apprised the Board that County volunteers are apprehensive due to the way certain budget items have been handled by staff. Supervisor Rosie remarked on the importance of the County being respectful of its volunteers. Supervisor McCarty commented that the perception of County volunteers that the County is attempting to take something away because of the proposed change in vehicle maintenance in the budget is unwarranted and that the Board fully supports its volunteers. Supervisor Grice commented on the importance of the County's volunteer organizations actively participating in discussions with the Board. CONSENT AGENDA A. Resolution to Designate the Month of May as Building Safety Month B. Resolution to Designate the Month of May 2018 as Business Appreciation Month D. Resolution to Re -appropriate Funds from the FY2017 General Fund Committed Fund Balance to the FY2018 General Fund Budget ($1,596,785) E. 2017 Wetlands Board Annual Report G. January 16, 2014 Regular Meeting; May 1, 2014 Special Budget Meeting; February 1, 2018 Work Session; February 15, 2018 Regular Meeting; March 1, 2018 Work Session; and, March 14, 2018 Regular Meeting Minutes Supervisor Grice requested that dates of actions be included in the Wetlands Board Annual Report. Supervisor Grice moved that the Consent Agenda be adopted, which passed by unanimous vote (5-0). REGIONAL AND INTER -GOVERNMENTAL REPORTS There were no reports offered by the Board. APPOINTMENTS Chairman Jefferson moved that Lilly White be reappointed to represent the Hardy District on the Blackwater Regional Library Board. The motion was adopted unanimously (5-0). Supervisor McCarty moved that Carroll E. Keen, Jr. be reappointed to represent the Newport District on the Economic Development Authority. The motion was adopted unanimously (5-0). Chairman Jefferson moved that James Ford be reappointed to represent the Hardy District on the Economic Development Authority. The motion was adopted unanimously (5-0). Supervisor Grice moved that Denise Tynes be appointed to fill the unexpired term of Mary Sue Rawls on the Western Tidewater Community Services Board. The motion was adopted unanimously (5-0). Supervisor Rosie moved that Mike Klusmeier be reappointed to represent the Carrsville district on the Wetlands Board. The motion was adopted unanimously (5-0). SPECIAL PRESENTATION Brandon Jefferson, Chief of the Fire & Rescue Association, advised that the Fire & Rescue Association desires to revisit the current titling process and would prefer to be included in the approval process. The Chief of the Fire & Rescue Association was requested to contact County Administrator Keaton to coordinate a date and time to meet to discuss the Association's concerns. Two Board members are to be present at such meeting PUBLIC HEARINGS A. Proposed FY2018-19 Operating Budget, Capital Budget, Related Ordinances and FY2019-28 CI P County Administrator Keaton provided an overview of the proposed budget in the amount of $74,281,000 which contains no tax increase; reduces the Machinery & Tools Tax; and, includes a 5% increase in water and sewer rates. The public hearing was opened and those in favor or in opposition were requested to speak. Ashley Green, on behalf of the Western Tidewater Free Clinic, acknowledged the County's past financial support and thanked the Board in advance for its consideration of the Clinic's 2018-19 funding request. The following individuals spoke in favor of the School Board's request for funding: Tiffany Kiser, Special Education Teacher at Georgie Tyler Middle School; Laura n Tumminello, a sixth -grade teacher at Georgie Tyler Middle School; Jessica Harding, Georgie Tyler Middle School Principal; Marsha Cale, Principal of Westside Elementary School; Stella Bradshaw of Carrsville; Robert Manners of Carrollton; Kelly Alexander, President of the Boosters JRTC at Smithfield High School; Richard Harris of Smithfield; Sarah Jones, teacher at Westside Elementary School; Vicky Hulick of the Newport District; Casey Roberts; Ed Easter of Hideaway Lane; Travis Wells of Carrollton; Bernard Jones, Sr. of Smithfield; Pamela Wilkerson of the Hardy District; Charlie Wiggins of Scotts Factory Road; Harold Tynes of Smith's Neck Road; Erin Park of Turner Drive; Stacey Hodges of Founder's Pointe; Whitt Scott of Carrollton; Sarah Wills of Carrollton; Felisha Wiggins of Carrollton; and, Michelle Harris, Westside Elementary School nurse. Herb DeGroft of Mill Swamp Road noted the importance of continuing cost saving measures to maintain the real estate tax rate. Brandon Jefferson advised that the Fire & Rescue Association acted to request the Board to reinstate the vehicle maintenance line item and establish a contingency fund. He presented the Association's wish for the PPE turn -out -gear budget to be reinstated, as well as the ATL fire fund. He relayed the Association's desire to be apprised of any potential changes before they occur. Jenny Bakos, Executive Director of the Blackwater Regional Library, thanked the Board for the County's continued support and spoke in favor of the Library's request for funding. The public hearing was closed. County Administrator Keaton, in accordance with the Code of Virginia, advised that no action can be taken on the budget for a minimum of seven days following the public hearing. He advised that the Board has set a meeting for adoption of the proposed budget on May 10, 2018. 0 Following a break, the public hearing on the following was opened and comments from those in favor or in opposition to the application were solicited: B. Application of Vernon Ray and Linda Edwards, Owners, and Amanda D. Sibert, Applicant, to Rezone 3 Acres Located at 15395 Bowling Green Road from Rural Agricultural Conservation (RAC) to Rural Residential (RR) and to Withdraw the 3 Acres from the Courthouse Agricultural District to Create a Single Family Residential Lot. Sandy Robinson, Planner, provided an overview of the application. Joe Sibert, applicant, spoke in favor of the application. The public hearing was closed and comments solicited by the Board. Supervisor Acree moved that the application of Vernon Ray and Linda Edwards be approved. The motion was adopted unanimously (5-0). C. Application of Betty M. Joyner, Owner, and Dean G. Vincent, Applicant, to Rezone Approximately 4.1 Acres Located off the North Side of Battery Park Road (Rte. 704) between Gatling Pointe Parkway (Rte. 1170) and Cypress Knoll Lane from Rural Agricultural Conservation (RAC) to Rural Residential (RR) to Create a Single Family Residential Lot. Sandy Robinson, Planner, provided an overview of the application. The public hearing was opened and comments from those in favor or in opposition to the application were solicited. Dean Vincent, applicant, appeared and spoke in favor of the application. The public hearing was closed and comments solicited by the Board. Supervisor Acree moved that the application of Betty M. Joyner and Dean G. Vincent be approved. The motion was adopted unanimously (5-0). D. Application of Francis P. Norsworthy for Amendment to Conditional Planned Development Mixed Use Zoning of Approximately 70 Acres of Land to Amend the Existing Proffered Conditions of the Property. Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview of the application. The public hearing was opened and comments from those in favor or in opposition to the application were solicited. Beverly Walkup, representing the applicant, provided a history of the Norsworthy family and the property. She advised that the intent is to begin with the multi- family phase of the project and due to the language in the proffers stating that the pump station is to build in land bay 1, a zoning amendment is required to amend the location. She advised that a reduction in cash proffers is also being requested by the applicant from $2.5 million to $1.47 million. She advised that regarding drainage and the impact to the Library, the impact will be reduced with the development of this site by routing the water into best management practices and away from the Library. The public hearing was closed and comments solicited by the Board. Supervisor Grice moved that the application of Francis P. Norsworthy be approved. The motion was adopted unanimously (5-0). E. Request of Isle of Wight County, owner, for a Conditional Use Permit (CUP) on a Leased Area of Tax Map Parcel 21-01-083, Approximately 2.58 acres, Set Behind 13080 Great Spring Road for a Private Club, Specifically as Meeting and Storage Facilities for Local Scout Troops. Malina Springer, Principal Planner, provided an overview of the request. 0 The public hearing was opened and comments from those in favor or in opposition to the application were solicited. No one appeared and spoke. The public hearing was closed and comments solicited by the Board. Supervisor Grice, acknowledging that the Club would be making improvements to the building and grounds, inquired how many years the building and groUhds would be leased to the Club. County Administrator Keaton advised that a provision in the lease to allow the Rotary Club to recoup improvement monies spent in the event the County assumes the property once again has been discussed and determined that how the Rotary Club would be compensated would be a Board decision. Regarding the Isle of Wight Rescue Squad's expressed concern with the use of its main non -emergency driveway, the Board was advised that Peyton Barlow has volunteered an egress/ingress easement on his existing farm lane on adjacent property for use by vehicles attending the future Scout facility. Supervisor McCarty moved that the request of Isle of Wight County be approved. The motion was adopted unanimously (5-0). F. Resolution to Approve an Agreement to Relocate the Boundary line for the Town of Smithfield County Administrator Keaton advised that the proposed boundary line adjustment for the Town of Smithfield facilitates water and sewer services which are essential to the development of a residential subdivision located within the Town. The public hearing was opened and comments from those in favor or in opposition were solicited. Vince Napolitano, President of Napolitano Homes, requested the Board to adopt the Resolution to effectuate the boundary line adjustment. The public hearing was closed and comments solicited by the Board. Following comments that this action is in partnership with the Town; serves the best interests of both entities by avoiding annexation; allows the Town and County to enter into a long-term arrangement for the County to provide water to the southern end of Smithfield; and, that the way in which the subdivision is to be developed will have virtually no impact on revenues, Supervisor Grice moved that the amendment be adopted. The motion was adopted unanimously (5-0). Supervisor McCarty moved that the following Resolution be adopted, which was adopted unanimously (5-0): VA RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, APPROVING AN AGREEMENT TO RELOCATE THE BOUNDARY LINE OF THE TOWN OF SMITHFIELD AND AUTHORIZING THE FILING OF A JOINT PETITION PURSUANT TO SECTION 15.2-3106 ET SEQ. OF THE CODE OF VIRGINIA (1950), AS AMENDED, TO APPROVE THE AGREEMENT WHEREAS, the Town of Smithfield and the County of Isle of Wight have entered into negotiations regarding a voluntary change of the boundary line between the Town and the unincorporated portions of the County; and WHEREAS, the Town and the County are now prepared to enter into an agreement that will bring within the Town a tract of land presently lying within the unincorporated portions of the County to the east of the existing Town boundaries; and WHEREAS, the proposed change of boundaries will facilitate the provision of water and sewer services that are essential to the development of a residential subdivision to be located within portions of the territory to be incorporated into the Town; and WHEREAS, other urban services provided by the Town also will benefit the development proposed for the area to be incorporated into the Town; and WHEREAS, the incorporation of additional land within the Town will help maintain the Town of Smithfield as a viable unit of local government by expanding its tax resources. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, at a regularly scheduled meeting of the Board of Supervisors held on ,2018: 1. That the Board of Supervisors of the County of Isle of Wight hereby approves a Boundary Line Adjustment Agreement Between The County Of Isle Of Wight And The Town Of Smithfield (the "Agreement"), a copy of which is attached hereto, and hereby authorizes and directs its Chairman to execute the Agreement on behalf of the County. 2. That the County Administrator and the Town Manager are hereby directed to petition the Circuit Court of Isle of Wight County to establish the new boundary line of the Town in accordance with the Agreement, pursuant to Section 15.2-3106 et seq. of the Code of Virginia (1950), as amended. 3. That the new boundary Iine shall become effective at midnight on 2018. In the event the Circuit Court of Isle of Wight County has not entered a final order by that date, the new boundary line shall become effective at midnight on the last day of the month during which a final court order has been entered.'.. 4. That this resolution shall be effective immediately upon adoption. IN WITNESS WHEREOF, the Board of Supervisors has caused this resolution to be duly executed on its behalf by its Chairman and attested by its Clerk. UNFINISHED/OLD BUSINESS The appropriation to the FY2017-18 Operating Budget of the Carrollton Volunteer Fire Department for unusual truck repairs was removed under Approval of the Agenda. 8 NEW BUSINESS In memory of the late Grace Keen, a request from the Commission on Aging for approval of the Riverview Park Memorial Gardens application and the waiver of a fee was presented by County Administrator Robertson. He noted it is staff's recommendation that the planting be a live Oak tree. Supervisor McCarty moved that the application be approved; that the fee be waived and that a live Oak tree be planted. The motion was adopted unanimously (5-0). County Administrator Keaton briefed the Board on a payment agreement entered into 2013 for construction of the Benns Church intersection which stipulated that the owner shall pay the County within 120 days of execution of the agreement the sum of $363,256 to be credited to the amount owed in accordance with the cash proffers. He advised that the County had received a check in the amount of $363,256 from an escrow account with Bridge Trust Title Group, an escrow account created when the property was originally sold to Riverside. He advised that in 2010 legislation was adopted that proffers cannot be accepted until you have a Certificate of Occupancy and as there has been no project built on this property, his recommendation is that the money be refunded to the escrow account. He stated that the proffer runs with the land and will be paid to the County when something is built on this property or it is sold. Chairman Jefferson moved that the refund request from Riverside Health Systems be approved. The motion was adopted unanimously (5-0). Supervisor Rosie noted the need for an escrow account to address "go dark" businesses. A Resolution to Accept Donated 6 -Year Old Belgian Malinois Canine from the United States Department of the Navy was presented by Assistant County Administrator Robertson for the Board's consideration. Supervisor Rosie moved that the following Resolution be adopted, which passed by unanimous vote (5-0): RESOLUTION TO ACCEPT DONATED 6 -YEAR-OLD BELGIAN MALINOIS CANINE FROM THE UNITED STATES DEPARTMENT OF THE NAVY WHEREAS, the Unites States Department of the Navy desires to donate a 6 -year- old Belgian Malinois canine to the Isle of Wight County Sheriff's Office for the purpose of explosive ordinance detection; and, WHEREAS, the Board of Supervisors of Isle of Wight County desires to accept the gift of a 6 -year -ofd Belgian Malinois canine for use by the Sheriff's Office. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the donated 6 -year-old Belgian Malinois canine be accepted for use by the Isle of Wight County Sheriff's Office. 6 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to do all things necessary to give this resolution effect. County Administrator Keaton recalled that several years ago a capital maintenance fund was created for the Schools with the intent to be used for unexpected smaller expenses which could be carried over year to year if unspent in a year and accumulate for larger projects that would not be handled in the normal CIP process. He advised that $250,000 in this year's budget has been spent and the County is in receipt of an invoice for a School project and the County cannot pay the full amount. Regarding a Resolution to Re -appropriate Unspent Funds from the FY2017 General Fund Assigned Fund Balance to the FY2018 General Fund School Maintenance and Repair Account ($465,415), Responsive to Supervisor Grice, County Administrator Keaton is to obtain the amount of the invoice for the School project and any limitations/how it can be applied for action at the Board's May 3, 2018 work session. II At 9:30 p.m., Chairman Jefferson declared the meeting adjourned. �",qy c c C rey M IIs S orm, Clerk 10 '. "L"OZI Rudolph Jefferson, Chairman