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01-16-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. (Arrived at 6:05 p.m.) Thomas J. Wright, III ABSENT: Phillip A. Bradshaw Also Attending: A. Paul Burton, Interim County Attorney E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman ivy called the meeting to order at 6:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Ivy called for Approval of the Agenda. Interim County Attorney Burton requested that a new Item (F), Resolution to Authorize Administrative Site Plan Approval for the Pepsi Bottling Group, be added under the County Administrator's report and a new matter pertaining to personnel be added under the Closed Meeting. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (3-0-2) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; Supervisor Bradshaw absent from the meeting; and Supervisor Brown absent for the vote. // Chairman ivy called for Special Presentations/Appearances. Steven C. Wright, Director of Economic Development, formally introduced Ron Lewis, General Manager of the Pepsi Bottling Group, Larry Gunnerman, New York Engineering Corporate Headquarters, and Drew Lucas, the engineering contractor to the Board. He noted that the Pepsi Bottling Group will be building a$4,000,000 distribution facility in the Shirley T. Holland Commerce Park and will be employing approximately 45 individuals. He advised that the Pepsi Bottling Company is on an aggressive timetable and is requesting that staff be authorized to review and approve its site plan administratively. Interim County Attorney Burton noted that included under the County Administrator's report is a Resolution to Authorize Administrative Site Plan Approval for the Pepsi Bottling Group for the Board's consideration. Fred Westbaum, Goodman & Company, presented the County's Financial Audit Report for the Year Ended June 30, 2006. He advised that the County's General Fund Balance is $25.8 million, of which $23.9 million is cash. Supervisor Clark moved that the Board receive the Financial Audit Report for the Year Ended June 30, 2006. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Mr. Tom Baise, Chairman of the Isle of Wight County Fair Committee, advised the Board that the Fair Committee's recommendation is to hold a scaled-down 2007 County Fair in the parking area in the grass field which will include the 4-H, a petting zoo, "Farmer for a Day" and other agricultural programs, a mud bog, bull riding event, Annual Fair Pageant, local entertainment and several vendors. He noted that the 2007 Fair will not be a source of revenue for the County this year and admission fees will be charged. He stated that by holding the 2007 Fair, as described above, the Committee feels that the Assistant County Administrators will have the time necessary to follow the revised Master Plan and allow the contractors on-site to make the drainage repairs, as well as other needed repairs. Supervisor Wright inquired if a topographical survey has been completed. E. Wayne Rountree, P.E., Assistant County Administrator, advised that a topographical survey and drainage plan has been completed. He noted that the Fair Committee has recommended significant changes and input is still needed from several others before the art design can be initiated. // Supervisor Clark expressed his appreciation to Supervisor Wright for the dedication he exhibited during his Chairmanship. 2 Supervisor Brown commented that Supervisor Wright had provided him with invaluable information concerning his duties on the Southeastern Public Service Authority Board of Directors. // Chairman ivy called for Regional reports. Supervisor Wright reported that the Interim Superintendent of the Western Tidewater Regional Jail is continuing to perform an excellent job. He advised that Federal inmate projections have decreased and participating jurisdictions should be prepared to begin to provide supplemental funding to the Jail. Supervisor Brown reported that he served on the Southeastern Public Service Authority Committee which reviewed the ratings for the CEO and those results will be forthcoming. // Chairman ivy called for Transportation Matters. Sandon S. Rogers, Transportation Planner, advised the Board that he is working in conjunction with Mac Neblett, VDOT Waverly Residency Administrator, in an effort to review and update all existing transportation matters. He advised that an updated report will be provided to the Board at its February 13, 2007 meeting. Mr. Rogers advised that the VDOT Quarterly Meeting scheduled for January 26, 2007 at the VDOT complex in Suffolk is being rescheduled because Dennis Heuer will not be available and he would be coordinating a new date with the Board members in the near future. Supervisor Wright inquired if staff had had an opportunity to review the drainage problems on North Carolina Avenue. Mr. Rogers advised that he did not see any drainage problems when he visited the site, however, he did see white suds flowing through another ditch and had reported that to the Health Department. Supervisor Brown notified Mr. Neblett about an erosion problem that is occurring at the intersection of Blounts Corner Road and US Route l 0. Supervisor Clark inquired if VDOT intends to install a traffic light at Smith's Neck Road and the Bartlett intersection. Mr. Neblett advised that a traffic light is proposed for that intersection, which will result in a reduced speed limit at that location. Supervisor Clark inquired about the status of the dip in Rainbow Road that causes flooding during high tides and storms. Mr. Neblett offered to investigate and report back to the Board. Mr. Neblett reported that the Norfolk Southern Railroad anticipates campleting the installation of the four (4) pipes by February 9, 2007. He advised that by his calculations, the four (4) pipes to be installed by the Railroad will have twice the water carrying capacity. Supervisor Wright notified Mr. Neblett that Verizon needs to return and clean the ditch where that company had recently laid cable on Shiloh Drive. He requested that Mr. Neblett investigate and report back to the Board on the erosion problem that is occurring up to the edge of the pavement on Five Forks Road at the curve. // Chairman ivy called for Citizens Comments. Jerianne Gardner, President, Isle of Wight Historical Society, distributed Volume I of the Graveside Task Force Survey to the Board. Supervisor Clark moved that the Board accept the Graveside Task Force Survey and direct the County Administrator to present it to the Clerk of the Circuit Court for use in his office. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. // Chairman ivy called for the County Attorney's report. Interim County Attorney Burton advised that the Precinct and Noise Ordinances previously scheduled for public 1learing at the Board's second meeting in January have been rescheduled for the Board's February 13, 2007 meeting. // Chairman ivy called for the Community Development report. Beverly H. Walkup, Director of Planning and Zoning, briefed the Board on the Mandatory Clustering Provisions adopted in the 2006 Session of the General Assembly under Senate Bill 374. 4 Supervisor Clark moved that the Board adopt the following Resolution by the Board of Supervisors of Isle of Wight County, Virginia Regarding Clustering of Single-Family Dwellings and Opposing Certain Provisions of Senate Bill 374 and authorize the County Administrator to sign the letter dated January 17, 2007 addressed to Governor Kaine requesting that Senate Bill 374 be reconsidered and re-enacted as optional: A RESOLUTION BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA REGARDING CLUSTERING OF SINGLE- FAMILY DWELLINGS AND OPPOSING CERTAIN PROVISIONS OF SENATE BILL 374 WHEREAS, modifications to Section 15.2-2286 of the Code of Virginia enacted by Senate Bill 374 relevant to clustering of single-family dwellings imposes unreasonable State regulations on the County's authority to regulate land-use which causes substantial injustice and hardship to localities; and WHEREAS, the new Code Section 15.2-2286.1 B. that requires each locality to designate 40 percent of unimproved residential and agriculturally zoned land as eligible for "by-right" cluster development is arbitrary and capricious and encourages unwanted residential growth in localities trying to manage and control growth; and, WHEREAS, the new Code Section 15.2-2286.1 A. requires all localities with a growth rate of more than one percent per year to have clustering provisions in their local land use regulations as opposed to being optional under 15.2-2286 A. 12 a. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Isle of Wight County, Virginia that the Governor and General Assembly of the State of Virginia are strongly urged to: 1. Make cluster development an optional land use tool for local governments. 2. Allow for the approval of cluster developments through a special use, special exception, or conditional use process. 3. Eliminate any reference to what type or how much land in a locality should be made available for cluster development. BE, IT FURTHER RESOLVED, that a copy of this resolution be sent to the Governor, the County's General Assembly delegation and to the Virginia Association of Counties. BE, IT FURTHER RESOLVED, that a copy of this resolution be sent to all counties in the Commonwealth urging them to adopt a similar resolution in support of this inatter. 5 The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. // Chairman ivy called for the Public Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator, notified the Board that the Virginia Department of Labor and Industry recently made an inspection of five (5) of the County's water systems pressure tanks which revealed that those systems are not rated for the pressure at which they are operating. He advised that the Smithfield Heights and Carrsville systems are currently being replaced and that staff is recommending that the Board approve a resolution to appropriate the necessary funds to replace the other three (3) systems. Supervisor Wright moved that the Board adopt the Resolution to Appropriate Funds from the Unappropriated F'und Balance for Water Storage Tanks. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. // Chairman ivy called for the Economic Development report. Steven C. Wright, Director of Economic Development, requested the Board's authorize staff to submit a Request for Proposal (RFP) for non- professional services for advertising/marketi~lg services for Isle of Wight County. Supervisor Clark moved that the Board adopt the following Resolution to Authorize the Solicitation of Proposals for Advertising/Marketing Services: RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR ADVERTISING/MARKETING SERVICES WIIEREAS, the Board of Supervisors of Isle of Wight County, Virginia has determined that it is appropriate to solicit proposals for advertising/marketing services; and, WHEREAS, County staff will need to discuss and negotiate the scope of services, as well as determine the experience and overall competencies of potential vendors. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2- 4303.C (1950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for the needed services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. // Chairman ivy called for the County Administrator's report. Emily G. Haywood, Director of Human Resources, presented the health insurance plan renewal plan for the Board's consideration. She noted that there is no rate increase proposed. Supervisor Brown moved that the Board adopt the health insurance renewal plan effective March 1, 2007. The motion was adopted by a vote of (3-0-2) with Supervisors Brown, Clark and Ivy voting in favor of the motion; no Supervisors voting against the motion; Supervisor Bradshaw absent from the meeting; and Supervisor Wright absent for the vote. Liesl R. DeVary, Director of Budget and Finance, presented a Resolution to Appropriate Funds for Damages Incurred from an Unnamed Nor'easter Storm for various reimbursements throughout the County related to storm damage. Supervisor Brown moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS POR DAMAGES INCURRED FROM AN UNNAMED NOR'EASTER STORM WHEREAS, the County of Isle of Wight has incurred damages as a result of an unnamed nor'easter storm in October 2006; and, WHEREAS, the County anticipates receiving funds from the County's Property and Casualty Insurance Company; and, WHEREAS, funds in the amount of two hundred forty three thousand two hundred eighty five dollars ($243,285) need to be appropriated to the appropriate line items in the FY 06-07 General Operating and Capital Budget of the County of Isle of Wight, Virginia; and, 7 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that an amount not to exceed two hundred forty three thousand two hundred eighty five dollars ($243,285) be appropriated from the Unappropriated Fund Balance and the balance be appropriated from Insurance Reimbursement to the appropriate line item in the FY 06-07 General Operating and Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Assistant County Administrator Small requested that the Board authorize the Chairman to sign a contract with Sitework South to initiate efforts to clear certain trees at the Fort Huger site. Supervisor Clark moved that the Board direct staff to take the necessary action to have the work monitored by another entity during any time that work is being performed at that site and authorize the Chairman to execute a contract with Sitework South, pending final review and approval of all documents and submittals by the Interim County Attorney and the Department of Budget and Finance. The motion was adopted by a vote of (4- 0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Chairman ivy moved that the Board authorize the transfer of $175,000 from the Capital Contingency Account to fund the Fort Huger tree-clearing project. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Assistant County Administrator Rountree called for the Board's consideration of a Town Meeting date. Supervisor Clark moved that the Board direct staff to coordinate a mutually agreeable date between the Board and staff to hold a Town Meeting at the Carrollton Elementary School on a Saturday morning. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. 8 Assistant County Administrator Rountree called for the Board's consideration of a Resolution to Authorize Administrative Site Plan Approval for the Pepsi Bottling Company, as added under Approval of the Agenda. Supervisor Wright moved that the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE ADMINISTRATIVE SITE PLAN APPROVAL FOR PEPSI BOTTLING GROUP WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WF-IEREAS, the Isle of Wight County Board of Supervisors is also concerned with economic development activity within Isle of Wight County and seeks to protect the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors, pursuant to section 7-2007 of the Isle of Wight County Zoning Ordinance, that site plan approval authority be granted to the Isle of Wight County Zoning Administrator for the development of Parcel E, Shirley T. Holland Commerce Park Phase II. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. // Chairman ivy called for consideration of the Consent Agenda. A. Resolution of Appreciation Resolution of Appreciation to J. C. Jenkins Upon the Completion of His Services B. Windsor Cheering Squad Resolution to Recognize the Windsor High School Cheerleading Squad for Outstanding Achievement C. Support for "Hampton Roads, America's First Region" 9 Resolution Supporting the Brand "Hampton Roads, America's First Region" D. Transfer of Capital Project Funding E. Donation Received from the Camp Foundation . Resolution to Accept an~ Appropriate $17,000 in a Donation from the Camp Foundation F. Accept and Appropriate V-STOP Grant Funds Resolution to Accept and Appropriate V-STOP Grant Program Funds from the Commonwealth of Virginia G. Accept and Appropriate E-911 Wireless Grant Funds Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Technology Planning for E-911 Wireless Services H. Video Implementation Contract L Internet Access for Board Members J. DEQ/Public Notice Dated January 8, 2007 K. Planning Commission Action List of December 27, 2006 L. Board of Zoning Appeals 2006 Annual Report M. Preliminary Site Plan for Walnut Grove Baptist Church N. Final Subdivision Plat of Eagle Harbor, Parcel 10-A, properiy of DF I-Carrollton, LLC, Carrollton Boulevard (Route 17), Newport Magisterial District Supervisor Brown moved that the Consent Agenda be approved. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. // Chairman ivy called for Appointments. Supervisor Wright moved that the Board reappoint James B. O'Briant, III to the Planning Commission representing the Windsor District. The 10 motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Responsive to Supervisor Clark, Ms. Walkup offered to contact David F. Bugin to inquire if he is interested in continuing to serve as the Architect on the Historical Architectural Review Committee. // Chairman ivy called for Old Business. The application of Darrell Daniels for an Exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002(B)(2)(a) to allow encroachment of 72 feet into the 100-foot Resource Protection Area Buffer for the construction of a single-family residence. The property, containing .4382 acre of land is known as Lot 16 James Landing Neighborhood, in the Gatling Pointe Subdivision, Smithfield, in the Smithfield Election District. Ms. Walkup stated the Board held a public hearing on the above application at its October 16, 2006 at which time it was tabled to allow the applicant to work out some details with staff regarding the impervious deck requirements. She noted that the details have been worked out and the application does meet the criteria for an exception to the Chesapeake Bay Preservation Area Ordinance. She noted that staff and the Planning Commission are recommending approval to the Board. Supervisor Clark moved that the Board approve the application of Darrell Daniels with the recommended conditions. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Richard O. Childress, Director of Emergency Management, briefed the Board on the Committee's recommendation that generators utilized in County facilities should be leased. Supervisor Wright moved that the Board approve the procurement of the lease options for generators for County facilities. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisar Bradshaw absent from the meeting. Assistant County Administrator Small addressed the issue of the Model 1906 4.7" field artillery piece for display at the Courthouse_ 11 Ms. Gardner addressed the Board on the history of the missing field artillery piece which was once located on the front lawn of the Courthouse. She stated that the Isle of Wight Historical Society voted not to proceed with the purchase a similar cannon at this time. She advised that the Society did suggest that the original photograph of the cannon be enlarged and placed under plexiglas for display at the site where the original cannon was once located. Supervisor Clark moved that the Board direct staff to review the feasibility of obtaining a piece of plexiglas for placement over an enlarged copy of the original photograph for display at the site where the cannon was once located on the front lawn of the Courthouse. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Regarding the matter of a Citizen's Budget Committee, Ms. DeVary offered, with the assistance of staff familiar with economic development efforts, to disseminate and provide an overview of the budget to the various civic organizations in the County. // Chairman ivy called for New Business. Chairman ivy distributed information to Interim County Attorney Burton regarding biosolids and moved that the Board direct the Interim County Attorney to review the material and make a report back to the Board regarding any actions that can be taken by the Board to further mitigate the application of biosolids in the County. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Supervisor Clark suggested that Interim County Attorney Burton discuss with Mr. Robertson the County's past biosolids control efforts. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.1 for the limited purpose of discussion/consideration of specific legal officer's salaries and under Section 2.2-3711.A.7 regarding consultation with legal counsel pertaining to specific legal matters related to the Benns Grant development. Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in 12 favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Supervisor Clark moved that the Board return to open session. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Chairman ivy moved that the Board adopt the following Resolution: 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 Supervisars 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, diseussed or considered by the Board of Supervisors. VOTE AYES: Brown, Clark, Ivy and Wright NAYS: 0 ABSENT DIJRING VOTE: 0 ABSENT DURING MEETING: Bradshaw Supervisor Clark moved that the Board direct staff to implement the personnel salary discussed in the Closed Meeting. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. Pursuant to the request of Supervisor Clark, Ms. Walkup offered to contact the members of the Planning Commission and the Board regarding a mutually agreeable date for a joint work session between the two (2) bodies. 13 Supervisor Clark moved that the Board renew its 2006 Cost-of-Living Allowance and that a perpetual increase begin in 2007, which shall not exceed the authorized ceiling limit provided in the Code of Virginia, §15.2- 1414.3, and which shall occur each year until changed by action of the Board. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. // Chairman ivy moved that the Board adjourn its meeting. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent from the meeting. ~ ~ „~ Thomas R Ivy, airman ) r J ~ ~ ~ ~ "'),~%~ // Carey Mil Storm, Clerk 14