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10-18-2018 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 EIGHTEENTH DAY OF OCTOBER 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 (Arrived at 5:10 p.m.) Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Robert W. Jones, Jr., Interim County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk 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 approved with the addition of an item under New Business pertaining to school expenditures. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. CLOSED MEETING The following matters were identified for discussion in closed meeting by Interim County Attorney Jones: 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 pertaining to actual litigation where such litigation in open meeting would adversely affect the litigation posture of the public body; and, pursuant to Section 2.2-3711(A)(1) regarding a discussion concerning prospective candidates for employment. Upon motion of Supervisor McCarty and all voting in favor, the Board entered the closed meeting for the reasons stated by Interim County Attorney Jones. Supervisor Acree arrived at the meeting. Upon motion of Supervisor Acree and all voting in favor, the Board reconvened into open meeting. Interim County Attorney Jones 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 Supervisor McCarty delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Jessica Jackman of the Hardy District submitted a petition signed by citizens living from 338 to 220 Grace Street requesting that they be moved from the Hardy District to the Smithfield District. She further requested that an audit be conducted on the School Board budget. 2 Charlie Broadwater, Western Tidewater Free Clinic, updated the Board on services received by County residents at the clinic as follows: 360 County residents served by the clinic this year through 4,668 medical visits and 127 County residents served through 407 dental visits; $2.3 million dollars received by County residents in free medications; that volunteers have donated 4,626 hours to the Clinic of which 37 are County volunteers; that 43 County residents have taken advantage of eligibility appointments at the Isle of Wight Health Department in Smithfield; that 219 County residents have donated over $510,000 to the clinic; that 67 County residents have donated over $40,000 to the clinic; and, that the clinic will begin accepting Medicaid focused on the clinic's existing patients. Under Board comments, Supervisor Acree addressed the deliverance of the invocation by Supervisor McCarty; responded that the Board does not have the authority to change boundary lines which are redrawn every ten years by the Electoral Board to rebalance the districts; recognized County citizens for their contribution to the Western Tidewater Free Clinic; and, advised that Ms. Jackson's concerns with the School Board budget will be addressed at a future Chair and Vice Chairman meeting. Supervisor McCarty commended donors to the Western Tidewater Free Clinic and requested County Administrator Keaton to contact the Registrar regarding the process associated with determining boundary lines for precincts. Supervisor Rosie recognized the volunteers of the Western Tidewater Free Clinic. Supervisor Grice commented that the County had increased its monetary contribution to the Clinic this year. Chairman Jefferson commented that Supervisor McCarty had contacted two pastors who were unavailable to deliver the invocation and noted that the Hardy District line was drawn in an effort to establish a majority/minority district. CONSENT AGENDA A. Resolution to Congratulate the Isle of Wight Volunteer Rescue Squad on the Occasion of Its 50th Anniversary B. Resolution to Accept and Appropriate Virginia Commission for the Arts Government Challenge Grant Funds for the Smithfield Cultural Arts League ($4,500) C. Resolution to Accept and Appropriate 2018 Local Emergency Management Performance Grant (LEMPG) Award ($7,500) for Public Outreach, Training and Equipment D. Resolution to Accept and Appropriate Grant Funds from the Virginia Circuit Court Records Preservation Program (13,169) for the Circuit Court Clerk's Office for Historical Records Collections 3 E. Authorize Execution of an Employment Agreement for Randy R. Keaton, County Administrator F. Resolution to Re -Appropriate Unspent Funds from the FY 2018 General Fund Fund Balance to the FY 2019 General Fund ($620,000) for the County Attorney's office for future legal related services in FY2019 in the amount of $490,000 and the Planning and Zoning Department to cover costs related to the County's new Comprehensive Plan in FY2019 in the amount of $130,000 G. Resolution to Appoint Gary L. Eanes, Partner, of Wampler-Eanes Appraisal Group Ltd., Assessor for the FY19 General Reassessment of Real Estate for Isle of Wight County Supervisor McCarty moved that the Consent Agenda be adopted as presented. The motion was adopted unanimously (5-0). REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor McCarty distributed a report entitled "Hampton Roads Regional Benchmarking Study" and advised that information relative to where the County stands in the region will be presented at the Board's November meeting. Supervisor Acree reported on discussion at the Hampton Roads Transportation Planning Organization meeting involving the replacement of existing trusses in the Hampton Roads bridge tunnel and the responsibility of VDOT to replace all existing trusses. Supervisor Rosie reported on the success of the most recent meeting of the Windsor Intergovernmental Relations Committee. Supervisor Grice reported on activities associated with the Commission on Aging. County Administrator Keaton reported that the Wheelabrator contract had been approved at the most recent SPSA meeting and that he had been appointed as Treasurer of the Hampton Roads Planning District Commission. SPECIAL PRESENTATIONS Tommy Catlett, Virginia Department of Transportation, presented maintenance updates for roadways, including paving, mowing and ditch maintenance. Supervisor McCarty requested that lines be drawn on the roadway on Route 17 at Brewer's Neck Road; that improvements be made to Channel Way on Route 17 which currently does not allow sufficient room to turn around when traveling southbound; and, that the roads in the Ashby Subdivision be maintained by VDOT. Supervisor Rosie requested that he be provided with information discussed by previous VDOT administrations related to the raising of the dip in the road on Route 258 in Walters. 0 Supervisor Acree requested repairs be made to a collapsed driveway pipe on Whitehead Farm Lane. PUBLIC HEARINGS A. Resolution to Amend SPSA Articles of Incorporation Chairman Jefferson opened the public hearing and called for those to speak in favor of or in opposition to the Resolution. County Administrator Keaton advised that the change is pursuant to action taken by the General Assembly to amend House Bill 1560 to delete the two -term limitation. Chairman Jefferson closed the public hearing and called for comments by the Board. Supervisor McCarty moved that the following Resolution be adopted which was adopted unanimously (5-0): CONCURRENT RESOLUTION ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the counties of Isle of Wight and Southampton ("Member Localities") created the Southeastern Public Service Authority of Virginia ("SPSA") pursuant to the Virginia Water and Waste Authorities Act (the "Act"), Va. Code § 15.2-5100, et seq.; and WHEREAS, by amendment to the Act enacted under 2015 Va. Acts of Assembly House Bill 1560 and codified in Va. Code § 15.2-5102.1, certain changes were made regarding term limitations for members of SPSA's Board of Directors appointed by the Member Localities, that require amendments to its Articles of Incorporation (the "Articles"); and WHEREAS, the amendments that are needed to bring the Articles into conformance with the changes in the Act are set forth in the attached Amended and Restated Articles of Incorporation (the "Amended Articles"); and WHEREAS, the Act requires that any amendments to the Articles must be adopted by concurrent resolutions, ordinances or agreements of all the Member Localities and that before any resolutions can be adopted, the councils and boards of supervisors of each of the Member Localities must comply with certain notice, advertising and public hearing requirements set forth in the Act; and WHEREAS, in furtherance of the requirements of the Act, proper notice of a hearing and other information required by the Act was published and the councils R and boards of supervisors of the Member Localities ("Councils and Boards") adopted separate resolutions approving and adopting the Amended Articles; and WHEREAS, the separate resolutions of the Member Localities authorized each of the Member Localities to execute this single Concurrent Resolution. NOW, THEREFORE BE IT RESOLVED by the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the counties of Isle of Wight and Southampton ("Member Localities"): 1. The preliminary estimates of capital costs, proposals for any specific projects to be undertaken by the Authority and preliminary estimates of initial rates for services of such projects were not included in the Amended Articles because they are not germane to the process of amending the Articles and, in any event, the councils and boards of the Member Localities find that inclusion of such information is impracticable. 2. Pursuant to the provisions of the Act, the Councils and Boards approve and adopt the Amended Articles. 3. This resolution adopting the Amended Articles shall be effective as of July 1, 2018. 4. The Councils and Boards direct that the proper officers of each of them (i) execute the Amended Articles attached hereto, (ii) cause the executed Amended Articles to be filed with the Virginia State Corporation Commission, and (iii) do all other things necessary or appropriate to amend the Articles pursuant to the Amended Articles, including the execution of this single Concurrent Resolution with other Member Localities. IN WITNESS WHEREOF, the Councils of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and Southampton have caused this Concurrent Resolution to be executed on their behalf by their proper officers and their seals to be affixed and attested by their Clerks on the date appearing above the seal. B. Application of Bay Sand Company, Inc., Applicant, and the Estate of EE Holloway, Jr., Owner, for a Conditional Use Permit on 20 Acres of Land out of a 60-acre parcel Located on a private road off of Muddy Cross Drive (Rte. 620) to allow for the expansion of an existing resource extraction operation to be permitted on the property with tax map number 32-01-080. Chairman Jefferson opened the public hearing and called for those to speak in favor of or in opposition to the proposed application. Richard Rudnicki, Assistant Director of Planning & Zoning, represented the history of the application. William Riddick, Attorney for the applicant, stated Bay Sand Company, Inc. provides 11 jobs and has paid over $750,000 to the County in extraction fees since 2006. He distributed pictures of the reclaimed borrow pit behind the Food Lion in Smithfield and stated borrow pits provide water for agricultural and recreational on purposes and none of the borrow pits in the County have failed to be reclaimed as required. He advised that Muddy Cross will be power swept at least three times a week and as needed and that the existing pit is 97% exhausted. William Parrish, 311 Parkway, Newport News, stated these borrow pits do turn into lakes which bring in geese. He stated the agriculture is going to continue to change and the key is irrigation. He stated one day these lakes will be tapped into because the State is going to restrict farmers from tapping into the aquifers and surface water is going to be the key. He stated water from them can also be used for firefighting purposes. He stated borrow pits are going to turn into regional BMPs in the future so that the water can be claimed before going into the Chesapeake Bay. Albert Burckard of the Newport District spoke against the borrow pit because what is gone will be gone forever and it will destroy thousands of years of archeological evidence, leaving devastation of the delicate ecology. He requested that the Board require a phase 1 archeological survey and on behalf of the Isle of Wight Citizens Association, he is asking the Board to deny this application. Chairman Jefferson closed the public hearing. Supervisor Acree moved that the application be approved. The motion was adopted unanimously (5-0). COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton provided a report on forestry management and timbering activities in Phase III of the Shirley T. Holland Intermodal Park. Matters for the Board's Information were highlighted by County Administrator Keaton. UNFINISHED/OLD BUSINESS County Administrator Keaton requested consideration of an appropriation to the Windsor Volunteer Fire Department for unusual operating expenditures due to higher vehicle expenses. Supervisor McCarty moved to reimburse the over expenses submitted by the Windsor Volunteer Fire Department in the amount of $29,589 and that a report from the Fire & Rescue Association be provided to the Board. The motion was adopted unanimously (5-0). NEW BUSINESS Michael Etheridge, Solid Waste Manager, addressed the Board regarding an implementation plan that will allow residents to dispose of residential construction debris at the County's refuse and recycling centers. 7 Supervisor McCarty moved that the residential construction debris implementation plan for refuse and recycling centers be adopted. The motion was adopted unanimously (5-0). Supervisor McCarty moved that the following Resolution and legislative proposals be adopted as amended to reflect proffers, impact fees, VDOT Stormwater system maintenance and broadband financing assistance as the County's top priorities: RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES FOR THE 2019 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight has specific interest in matters dealing generally with local governments, as well as with matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia endorses the attached legislative proposals for the 2019 General Assembly Session and directs that both this resolution and the legislative priorities be forwarded to Isle of Wight County's General Assembly Delegation and that staff work with and assist the Delegation as appropriate. Legislative Proposals 1. Education Funding Support from the Commonwealth 2. Exemption of State Revenue Recovery for Western Tidewater Regional Jail 3. Limited Residential Lodging Act 4. Equity in Authority for Counties, Cities and Towns 5. Unfunded Mandates 6. Transportation Funding 7. Proffer/Impact Fees S. Assistance for Broadband Internet The motion was adopted unanimously (5-0). Assistant County Administrator Robertson requested the Board to designate a voting and alternate delegate that will be authorized to vote at the Virginia Association of County's annual business meeting. 1s Supervisor Acree moved to designate the Chairman as the County's Voting Delegate and the Vice -Chairman as the Alternate Delegate authorized to vote at the VACo annual business meeting. The motion was adopted unanimously (5-0). Supervisor Grice moved that the administrative restriction be lifted concerning school expenditures. The motion was adopted unanimously (5-0). 11 County Attorney Jones requested a closed meeting pursuant to Section 2.2- 3711(A)(1)A= regarding a discussion concerning prospective candidates for employment. Supervisor Acree moved that the Board enter the closed meeting for the reason stated by County Attorney Jones. The motion was adopted unanimously (5-0). Supervisor Acree moved that the Board return to open session. The motion was adopted unanimously (5-0). Interim County Attorney Jones 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 Acree, 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, McCarty and Rosie 9 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ADJOURNMENT At 9:00 p.m., Chairman Jefferson declared the meeting adjourned. 0 Rudolph Jefferson, Chairman arey ills St6rm, Clerk 10