12-14-2017 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 FOURTEENTH DAY OF DECEMBER IN
THE YEAR TWO THOUSAND AND SEVENTEEN
PRESENT:
Rex W. Alphin, Chairman, Carrsville District
William M. McCarty, Vice -Chairman, Newport District
Rudolph Jefferson, Hardy District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield 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
Chairman Alphin called the regular Board of Supervisors' meeting to order at 5:00
p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
On motion of Supervisor McCarty, all those present voting in favor (5-0), the
Agenda was approved with the removal of the application of East West — Benn's
Grant LLC due to the occurrence of a fatal accident.
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 Section 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; pursuant to Section 2.2-
3711(A)(6) regarding the discussion of public funds related to SP Tissues; pursuant
to Section 2.2-3711(A)(6) regarding the discussion of public funds related to a
potential insurance matter; and, pursuant to Section 2.2-3711(A)(5) regarding a
discussion concerning a prospective business locating in the County where no
County Attorney Popovich 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 Grice, 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, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Chairman Alphin delivered the invocation and led the Pledge of Allegiance to the
American Flag.
Herb DeGroft of Mill Swamp Road addressed the Board regarding the need for
cost cutting measures in the areas of Budget & Finance, Building &
Grounds/Maintenance, Vehicle Maintenance, Information Technology and
purchasing. He further thanked Chairman Alphin for his service on the Board.
Angel Castanada of Stallings Creek Drive notified the Board of an incident
involving damage to her vehicle at the County Fair.
Lynn Faulkner of Days Point Road thanked Chairman Alphin for his service on the
Board. She stressed the importance of the County ensuring handicapped
accessibility when issuing business licenses.
Albert Burckard of Titus Point Lane thanked Chairman Alphin for his service on the
Board and invited Supervisor Jefferson to attend a marker dedication honoring
Malory Todd on December 16th.
Wayne Faulkner of Days Point Road thanked Chairman Alphin for his service to
the County.
Lanford Pritchett of River Landing Trail voiced his concern with the County's
mandatory water hookup and advised that he heats and cools his home with geo
thermal and the policy would destroy the return on his investment.
At the request of Supervisor Jefferson, County Administrator Keaton offered to
develop and put in writing appropriate language ensuring Mr. Pritchett that he
will not be required to hook up to County water.
On motion of Supervisor McCarty, with all present voting in favor (5-0), the
concern of Ms. Castanada was added as an item for discussion under New
Business.
Supervisor McCarty commended the Western Tidewater Free Clinic for its services
to County citizens and he advised Mr. DeGroft that he is in the process of
developing a list of recommendations for consolidation of services.
Supervisor Acree requested County Administrator Keaton to prepare a report on
ADA enforcement for commercial properties.
CONSENT AGENDA
A. Resolution to Accept and Appropriate Grant Funds from the Bureau of
Justice Assistance ($8,741)
D. Resolution to Appropriate $50,000 from the FY2017 General Fund
Unassigned Fund Balance and Increase the FY2018 County's Contribution
to the Smithfield Ballpark by $50,000
E. Minutes of October 11 & 121, 2017 Retreat; October 19, 2017 Work Session;
and, October 19, 2017 Regular Meeting
On motion of Supervisor McCarty, all those present voting in favor (5-0), the
Consent Agenda was adopted as presented.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
County Administrator Keaton reported that Liesl DeVary has been hired as the
new Executive Director of the Southeastern Public Service Authority.
APPOINTMENTS
No appointments were offered by the Board
SPECIAL PRESENTATIONS
On motion of Supervisor Acree, all those present voting in favor (5-0), the
following Resolution was adopted and formally presented to Jeff Turner:
RESOLUTION TO RECOGNIZE THE SERVICE OF JEFF TURNER,
RIVERKEEPER
WHEREAS, Mr. Jeff Turner has over 50 years of experience patrolling the
BIackwater and Nottoway Rivers; and,
WHEREAS, Mr. Turner was the first Riverkeeper in the Commonwealth of
Virginia and only the 47th Riverkeeper worldwide; and,
WHEREAS, Mr. Turner regularly gives tours and speaks to groups and
organizations in an effort to better educate people about our rivers; and,
WHEREAS, Mr. Turner also works closely with local, State and Federal Agencies
when there are pollution issues or projects that require the R.iverkeepers intimate
knowledge of the river; and,
WHEREAS, the Blackwater Nottoway Riverkeepers Program and Jeff Turner have
won over 13 .awards over the years including the Governors Environmental
Excellence Award, the Bob Hutchinson Conservation Award and the Volvo Hero
RESOLUTION TO RECOGNIZE AND COMMEND REX W. ALPHIN
WHEREAS, Rex W. Alphin has served as a member of the Isle of Wight County
Board of Supervisors from November 2011 through December 2017; and,
WHEREAS, Mr. Alphin has served as Chairman of the Board of Supervisors from
January 2015 through December 2017; and,
VaMREAS, Mr. Alphin has been a catalyst to promote and enhance successful
community and regional partnerships, to include, but not limited to, his service on
the Hampton Roads Mayors and Chairs Caucus, the Southside Mayors and Chairs
Caucus, the Hampton Roads Planning District Commission, the Hampton Roads
Transportation Accountability Commission, the Hampton Roads Transportation
Planning Organization, and the Western Tidewater Regional Jail Authority; and,
WHEREAS, his immeasurable contributions and dedication to the Board of
Supervisors have materially improved the quality of Iife for the citizens of Isle of
Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia that Rex W. Alphin be
recognized and commended for his outstanding service to the Board and the
citizens of Isle of Wight, and is presented this Resolution as a token of the Board's
gratitude and esteem.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to Rex W. Alphin its best wishes for his future endeavors and
orders that a copy of this Resolution be spread upon the minutes of this Board
meeting this 14th day of December 2017.
COUNTY ATTORNEY'S REPORT
County Attorney Popovich presented a ground lease for the transfer station located
on Four Square Road which proposes to remove the annual lease payment
requirement of $1 and eliminates the requirement that the County pay a
depreciated value of the land. He advised that the lease has been reviewed and
approved by the SPSA Board.
On motion of Supervisor McCarty, all those present voting in favor (5-0), the
ground lease was approved and the Chairman was authorized to execute it on
behalf of the Board as presented.
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PUBLIC HEARINGS
An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending
and Reenacting Chapter 11. Motor Vehicles and Traffic. Section 11-20. Upon
Sale or Transfer of Licensed Vehicle
The public hearing was opened and citizens in favor of or in opposition to the
proposed amendment were requested to speak.
There being none, the public hearing was closed.
On motion of Supervisor McCarty, all those present voting in favor (5-0), the
following amendment to the Ordinance was adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11.
MOTOR VEHICLES AND TRAFFIC. SECTION 11-20. UPON SALE OR
TRANSFER OF LICENSED VEHICLE.
WHEREAS, the Isle of Wight Commissioner of the Revenue has requested certain
revisions related to the sale or transfer of licensed vehicles; and
WHEREAS, the Board of Supervisors deems such changes to be appropriate in
order to clarify language in the ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 11. Motor Vehicles and Traffic. Section 11-20. Upon
sale or transfer of licensed vehicles be amended and reenacted as follows:
Sec. 11-20. - Upon sale or transfer of licensed vehicle.
Any owner of a motor vehicle who sells or transfers a motor vehicle subject to this
article and simultaneously therewith acquires another motor vehicle subject to this
article in such owner's name shall be issued another license for each motor vehicle
so acquired upon payment of the license fee as set forth in Section 11-14 above..
(1-4-68, § § 7, 8; 1-2-75, § 3; 1-6-77, § 3; 9-21-06; 4-19-07; .)
At the request of the applicant, the public hearing on the application of East West
— Benn's Grant, LLC, Applicant, East West — Benn's Grant, LLC, Benn's Church
Properties, and Turner Farms, Inc., Owners, for Amendment to Conditional
Zoning of 26.43 Acres of Land Located at 15150 Benn's Church Boulevard to
Convert a Portion of the Designated Commercial Property and Open Space Area to
Allow for 216 Additional Residential Units was postponed.
The Board was briefed on the financial aspects of the 2017 County Fair by the Fair
Chairman, Danny Byrum, and David Smith, the Director of Parks and Recreation.
The Board was advised of the County's receipt of a GFOA Distinguished Budget
Presentation Award for the Fiscal Year Beginning July 1, 2017 by County
Administrator Keaton.
The Board was briefed on major residential and mixed-use development projects
in the County in the 2017 calendar year by Amy Ring, Director of Planning &
Zoning.
Additional information regarding the Isle CARES "campaign" was provided by
Assistant Administrator Robertson.
Matters for the Board's information were highlighted by County Administrator
Keaton.
UNFINISHED/OLD BUSINESS
There was no unfinished/old business offered for discussion by the Board.
NEW BUSINESS
Due to the Board already having its organizational meeting scheduled for January
4, 2018, County Attorney Popovich recommended that the Board also set its work
session to begin at 11:30 a.m. following its organizational meeting.
Supervisor McCarty moved, with all those present voting in favor (5-0), that the
Board set a work session on January 4, 2018 at 11:30 a.m. in the Robert C. Claud,
Sr. Board Room.
County Administrator Keaton presented a request for a part-time 4-H Program
Assistant for Virginia Cooperative Extension for the County.
Supervisor Acree moved, with all those present voting in favor (5-0), that
Southampton County, the State and Isle of Wight County each fund their own
part-time 4-H Program Assistant position at a cost of $22,628.
On motion of Supervisor Acree, all those present voting in favor (5-0), the
following Resolution was adopted:
RESOLUTION TO APPROPRIATE $500,000 FROM THE FY2017 GENERAL
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WHEREAS, the General Fund needs to appropriate five hundred thousand dollars
($500,000) from the FY 2017 General Fund unassigned fund balance and transfer
that amount to the Capital Project Fund.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of
Wight County, Virginia that five hundred thousand dollars ($500,000) from the
FY 2017 General Fund unassigned fund balance and transfer that amount to the
FY 2018 Capital Project Fund.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight
County, Virginia is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
Responsive to the comments of Ms. Castanada under Citizens' Comments,
Supervisor McCarty moved, with all those present voting in favor (5-0), that
County Administrator Keaton be directed to obtain estimates on the damage
notated in the packet provided by Ms. Castanada; that the repairs be made; that
appropriate action on the County's end be taken to recoup the expended funds;
and, that expended funds should not exceed the current amount quoted.
It was the consensus of the Board to discuss ways in which the County's
convenience center workers can be safeguarded at its January 4, 2018 work
session.
ADJOURNMENT
At 8:45 p.m., Chairman Alphin declared the meeting adjourned.
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Carey Wis St rm, Clerk