07-18-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF JULY IN THE
YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores M. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
CALL TO ORDER/INVOCATION /PLEDGE OF ALLEGIANCE
At 5:00 p.m., Chairman Hall called the meeting to order and Supervisor
Alphin offered the invocation and the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA
County Attorney Popovich requested the following items be added to the
agenda: Under the County Attorney's report, add a request for authorization
for a public hearing for a real property lease agreement with the Isle of Wight
Hunt Club; add a request for authorization for a public hearing for a real
property lease agreement with the Mill Swamp Hunt Club; add a request for
authorization for a public hearing to convey County property to the Town of
Smithfield for the ball field complex; and, add five (5) closed meeting items;
under the Parks and Recreation report, add consideration of a staffing request
for a Parks and Grounds Attendant position; under the General Services
report, add an update on the recent fuel spill at the Windsor Fire Station;
under Old Business, add follow -up discussion regarding compensation for
the Assistant Commonwealth Attorneys.
Supervisor Alphin moved that the agenda be adopted, as revised. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey, Darden,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
SPECIAL PRESENTATIONS /APPEARANCE
The Board viewed a video of cats currently awaiting adoption at the shelter.
A cat, also available for adoption, was shown to the public.
Carol McCormack, President and CEO of the United Way of South Hampton
Roads and Win Winslow thanked the Board for its past financial support and
advised that County employees have raised over $12,000 this year and
$160,000 over the last ten (10) years.
A resolution of appreciation was presented to Edwin P. "Eddie" Wrightson
on the occasion of his retirement as Director of General Services
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION OF APPRECIATION FOR
EDWIN P. "EDDIE "WRIGHTSON
On The Occasion Of His Retirement
As Director of General Services
WHEREAS, Mr. Edwin P. "Eddie" Wrightson began his employment with
the County of Isle of Wight, Virginia as Director of General Services in July
2008; and,
WHEREAS, Mr. Wrightson is a highly valued and respected staff member
whose talents will be greatly missed; and,
WHEREAS, Mr. Wrightson administered the construction of the new Young -
Laine Courts Building, which was awarded the County's first USGBC
LEED - Silver Certification, the County's first Design/Build Contract for the
new Isle of Wight Animal Shelter, and the construction and outfitting of the
new Smithfield Volunteer Fire Station; and,
WHEREAS, Mr. Wrightson managed the General Services Department in a
manner that produced significant cost savings and efficiencies that have
benefited and improved the quality of life of the citizens of Isle of Wight
County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
the County of Isle of Wight, Virginia recognizes and appreciates Edwin P.
"Eddie" Wrightson, Director of General Services, for outstanding
achievement and distinguished service to the citizens of Isle of Wight
County.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to Eddie Wrightson its best wishes for his future
endeavors and orders that a copy of this Resolution be spread upon the
minutes of this Board this eighteenth day of July 2013.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
CONSENT AGENDA
A. Local Emergency Management Performance Grant Award FY2013 -14
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Resolution to Accept and Appropriate Grant Funds from the
Virginia Department of Emergency Management for the LEMPG
Program
B. PEG Capital Fee
Resolution to Classify PEG Capital Fee Funds as Restricted
C. Skating Rink FY 2013 -14 Operating Budget
D. Virginia Litter Prevention and Recycling Grant Application
Resolution to Accept and Appropriate Grant Funds from the
Virginia Department of Environmental Quality for the Virginia
Litter Prevention and Recycling Grant
E. Litter Pick Up
F. Fiscal Year 2012 -13 Monthly Financial Reports — June 2013
G. Statement of Treasurer's Accountability
H. Delinquent Real Estate Tax Collection Monthly Report
Supervisor Alphin moved that the Consent Agenda be adopted, as
presented. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion
and no Supervisors voting against the motion.
REGIONAL REPORTS
Supervisor Darden reported that the Hampton Roads Planning District
Commission has conducted a regional sewer system asset consolidation study
and that surrounding localities will be asked if they wish to join in a regional
wastewater service. She stated in order for this to be effected, a majority of
localities must agree to participate.
Supervisor Darden reported that the Hampton Roads Transportation Planning
Organization has hired a financial firm with respect to funding transportation
in Hampton Roads. She noted that past priority projects may not now be a
priority.
Supervisor Darden commented a significant number of military and retired
military people reside in the County and she recognized Craig Quigley for his
superior leadership on the Hampton Roads Military Federal Facilities
Alliance.
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Supervisor Bailey stated the Western Tidewater Regional Jail Authority has
determined that it will be too expensive to build a juvenile detention facility.
He also advised that the kitchen renovation is now complete and the
Authority received routine reports.
Supervisor Darden reported that the Western Tidewater Water Authority
discussed how it would handle the $400,000 true up due to the County from
last year.
Reporting on the Regional Solid Waste Committee, Supervisor Alphin
reported that SPSA has a waste -to- energy plant, but the County's waste does
not go there.
Supervisor Alphin reported that the Isle of Wight County and the Town of
Windsor Planning Commissions met jointly to discuss establishing a
committee of the IOWC Board of Supervisors, the Town of Windsor
Planning Commission, the Windsor Town Mayor and other staff to address
issues of fire /rescue, water and sewer and the long -term impact of
transportation.
TRANSPORTATION MATTERS
Jamie Oliver, Transportation Planner, responsive to the Board's direction at
its May meeting, briefed the Board on VDOT's findings relative to a safety
review of pedestrian use on Omera Drive which have revealed that there are
no critical safety issues and is recommending no action at this time.
Correspondence from Jackie and Harvey Saunders was distributed by
Supervisor Darden noting their concerns about the bike trail on Nike Park
Road
Responsive to Mr. Hostettler's concerns, Chairman Hall requested County
Attorney Popovich to meet with the Director of Planning and Zoning and the
County's Transportation Planner to discuss what can be done to address
those concerns.
CITIZENS COMMENTS
Albert Burckard recommended that Fort Boykin be developed as a
recreational park and that a Fort Boykin Development Committee be created
to develop a long -range plan.
Julia Winslett requested Supervisor Bailey to resign his seat as a Board
member due to recent comments made by him which were considered
disrespectful and offensive to her.
Michele Joyce commented on Supervisor Bailey's recent comments which
she considered offensive and disrespectful and recommended that policies
which govern Board members be reviewed.
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Pinky Hipp and Florine Moore requested reconsideration of a seven (7)
member district plan for the County. (See Board Comments)
BOARD COMMENTS:
Chairman Hall is to send out recommended dates in August for the Board's
consideration of a special work session on redistricting.
COUNTY ATTORNEY REPORT
County Attorney Popovich presented a request by the Eagle Harbor
Homeowners Association to restrict parking on the public right -of -way. He
stated that VDOT has questioned the County's authority to regulate parking
in subdivisions and is requesting clarification from the Attorney General's
office and that information has yet to be provided and he would suggest that
this matter be postponed an additional month until a response is received
from the Attorney General's office.
County Attorney Popovich presented A Non - binding Resolution of Isle of
Wight County Concerning Solid Waste Collection and Disposal after January
241 2018 for the Board's consideration.
Supervisor Alphin moved that the following Resolution be adopted:
A NON - BINDING RESOLUTION OF ISLE OF WIGHT COUNTY
CONCERNING SOLID WASTE COLLECTION AND DISPOSAL AFTER
JANUARY 24, 2018
WHEREAS, the Isle of Wight County, Virginia (the "County ") is a member of
the Southeastern Public Service Authority ( "SPSA ") which was created by
concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight
and Southampton (the "Localities ") in 1976; and,
WHEREAS, between 1983 and 1984, the Localities entered into individual Use
and Support Agreements with SPSA, providing, among other things, that
each member jurisdiction would deliver substantially all of the disposable
solid waste generated or collected by or within or under the control of the
Localities to SPSA; and,
WHEREAS, all of the Use and Support Agreements will expire on January 24,
2018; and,
WHEREAS, over the course of SPSA's existence significant debt was incurred
that resulted in severe financial hardship requiring the increase of tipping fees
to unprecedented levels beginning in early 2009; and,
WHEREAS, in an effort to resolve its financial issues, SPSA refinanced its
bond obligations and sold assets to reduce debt with the goal of eliminating
all SPSA debt by the date of expiration of the current use and Support
Agreements; and,
WHEREAS, in anticipation of the expiration of the Use and Support
Agreements, the Chief Administrative Officers of the member Localities of
SPSA directed a technical committee to be established in order to review and
address numerous policy and operational issues (the "Committee "); and,
WHEREAS, the County supports the on -going work of the Committee and is
also currently considering a number of alternatives to provide municipal solid
waste collection and disposal services to citizens of the County in a cost
effective manner and in compliance with all applicable laws and regulations
governing the same (the "Alternatives "); now, therefore,
BE IT RESOLVED BY THE BOARD OF SUPERVISORS that the Board of
Supervisors recognizes the continued participation as a member of SPSA on
terms and conditions acceptable to the County and in the best interests of
County residents should be one of the Alternatives to be examined by the
County, and the County Administrator and other County staff are directed to
participate in the Committee and Committee negotiations with the goal of
evaluating such continued participation in SPSA as an Alternative, taking
into account all issues they consider to be in the best interests of the County.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich presented a request to purchase County -owned
property located at the end of Bradby Lane along the James River.
Supervisor Casteen moved that the County Attorney's office be authorized to
advertise the matter for public hearing at the Board's August 22, 2013
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
County Attorney Popovich presented a request for a tax refund in the amount
of $9,628.45 to Accelerated properties LLC.
Supervisor Alphin moved that the County Attorney be authorized to sign the
request approving the refund. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
County Attorney Popovich advised the Board regarding the Supreme Court's
ruling on the Koontz v. St. Johns River Water Management District case.
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County Attorney Popovich advised the Board regarding the Supreme Court's
decision on the Shelby v. Holder case which ruled that no locality is now
required to go through the preclearance process under Section 5 and he has
requested the outside Attorney employed for the County's matter to cease any
further action at this time on behalf of the County.
County Attorney Popovich presented a request for authorization for a public
hearing for a real property lease agreement with the Isle of Wight Hunt Club.
Supervisor Casteen moved that the County Attorney's office be authorized to
advertise a public hearing at the Board's August 22, 2013 meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
County Attorney Popovich presented a request for authorization for a public
hearing for a real property lease agreement with the Mill Swamp Hunt Club.
Supervisor Darden moved that the County Attorney's office be authorized to
advertise a public hearing at the Board's August 22, 2013 meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
County Attorney Popovich presented a request for authorization for a public
hearing to convey County property to the Town of Smithfield for the ball
field complex.
Supervisor Darden moved that the County Attorney's office be authorized to
advertise a public hearing at the Board's August 22, 2013 meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
PARKS AND RECREATION REPORT
Mark W. Furlo, Director of Parks and Recreation, briefed the Board
regarding damage which occurred to the house located at Fort Boykin as a
result of a fire on March 20, 2013. Direction with respect to whether or not
the Board wished to rebuild the structure was requested and maintenance of
the home, the County's legal obligation, shoreline erosion and the insurance
settlement and a projected budgetary impact was discussed.
Chairman Hall moved that the structure be torn down and any insurance
money be earmarked for future improvements. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
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A Resolution to Amend the FY2013 -14 Parks and Recreation Operating
Budget for the Board's consideration was presented by Mr. Furlo.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2013 -2014 PARKS AND
RECREATION OPERATING BUDGET
WHEREAS, during the preparation of the FY 2013 -2014 Budget, the Board
of Supervisors requested staff move $10,000 from the vehicle replacement
line item of the Parks and Recreation Operating Budget into the Special
Events Line item for the Fourth of July fireworks; and,
WHEREAS, staff was unable to find used vehicles to meet the needs of the
Department within the constraints of the adopted budget; and,
WHEREAS, funding in the amount of $10,000 needs to be added to the Parks
and Recreation Vehicle Replacement line item from the FY 2013 -2014
Operating Budget non - departmental contingency account.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia that funding in the amount of $10,000 to be
added to the Parks and Recreation FY2013 -2014 Vehicle Replacement line
item from the FY 2013 -2014 Operating Budget non - departmental
contingency account.
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 (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Responsive to Mr. Furlo's request for a Parks and Ground Attendant
position, Chairman Hall moved that the 90 -day holding period be waived for
Parks and Grounds Attendant positions for the months of March through
September. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
GENERAL SERVICES REPORT
Eddie P. Wrightson, Director of General Services, requested authorization to
expend FY2014 Capital funds for an HVAC system upgrades for the Social
Services building, pending approval of the Capital Budget.
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Supervisor Casteen moved that pending Board approval of the Capital
Budget, the expenditure be authorized of FY2014 Capital funds for Phase 1
of the upgrade to the Social Services HVAC system and, subject to the
review and approval of the County Attorney, the County Administrator be
authorized to execute all contracts necessary to complete the project. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
A Resolution to Reappropriate Hurricane Irene Insurance Reimbursement to
the Nike Park Pier Replacement Capital Project for FY2013 -14 was
presented by Frank A. Haltom, Assistant Director of General Services.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO RE- APPROPRIATE HURRICANE IRENE
INSURANCE REIMBURSEMENT TO THE NIKE PARK PIER
REPLACEMENT CAPITAL PROJECT FOR FY 2013 -2014
WHEREAS, the County has received insurance reimbursement of eleven
thousand one hundred twenty -one dollars and sixty -six cents ($11,121.66);
and,
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
the County of Isle of Wight, Virginia, that eleven thousand one hundred
twenty -one dollars and sixty -six cents ($11,121.66) in insurance
reimbursement be re- appropriated to the Nike Park Pier Replacement Project
for FY 2013 -2014.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia, be hereby authorized to make the appropriate
accounting adjustments in the budget and do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
A Resolution to Appropriate Available (Unexpended) Funds for the Nike
Park Pier Replacement Project for FY2013 -14 was presented for the Board's
consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE AVAILABLE (UNEXPENDED)
FUNDS FOR THE NIKE PARK PIER REPLACEMENT PROJECT FOR
FY 2014 -2014
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WHEREAS, the County has previously re- appropriated $33,000 to complete
the Nike Park Pier Replacement Project and $194.50 has been expended as of
June 30, 2013; and,
WHEREAS, there is an available (unexpended) budget of $32,805.50 to
complete the project.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
the County of Isle of Wight, Virginia, that $32,805.50 of available
(unexpended) FY 2012 -2013 Nike Park Pier Capital Project Fund, be
appropriated to complete the Pier Replacement Project as part of the
County's FY 2013 -2014 Capital Project.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia, be hereby authorized to make the appropriate
accounting adjustments in the budget and do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
A Resolution to Appropriate Available (Unexpended) Funds for the Design
and Construction of Sidewalks in the Town of Windsor for FY2013 -14 was
presented for consideration by Mr. Haltom.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE AVAILABLE (UNEXPENDED)
FUNDS FOR THE DESIGN AND CONSTRUCTION OF
SIDEWALKS IN THE TOWN OF WINDSOR FOR FY 2013 -2014
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, is participating in the Highway Safety Improvement Program
(HSIP) grant program; and,
WHEREAS, the County has been awarded HSIP grant funds totaling eight
hundred seventy -five thousand dollars ($875,000) for the design and
construction of a sidewalk along N. Court Street and Courthouse Highway in
the Town of Windsor; and,
WHEREAS, the County has agreed to manage and execute this project as a
locally administered project, which is anticipated to go to construction
advertisement within the next thirty (30) days;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
the County of Isle of Wight, Virginia, that $715,000.00 of available
(unexpended) FY 2012 -2013 Capital Project Fund, be appropriated to
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complete construction of the Windsor Sidewalk as a part of the County's FY
2013 -2014 Capital Project.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia, be authorized to make the appropriate accounting
adjustments in the budget and do all things necessary to give this resolution
effect.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia, or his designee, be hereby authorized to proceed
with hiring necessary and appropriate professional and construction services
in furtherance of the execution and completion of this project in accordance
with the Virginia Public Procurement Act and County Policy and is
authorized to execute any and all necessary agreements and contracts for such
services upon review and approval of the County Attorney.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Wrightson presented a request from St. Lukes Church to purchase
County property where the old sewer treatment plant which served Queen
Anne's Court for the Board's consideration.
Supervisor Darden moved that staff be authorized to advertise a public
hearing for the Board's August 22, 2013 meeting. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Mr. Wrightson presented a request to acquire the W. B. Owen water systems
for the Board's consideration.
Supervisor Bailey moved to authorize the payment of $11,000 for the Lake
Shores and Green Meadows private water systems. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Mr. Haltom presented a Resolution to Appropriate Available (Unexpended)
Funds for the Bethel Heights Waterline Improvement Project for the Board's
consideration.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE AVAILABLE (UNEXPENDED)
FUNDS FOR THE BETHEL HEIGHTS WATERLINE IMPROVEMENT
PROJECT FOR FY 2013 -2014
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has
previously appropriated $200,000 to complete the Bethel Waterline
Improvement Replacement Project; and,
WHEREAS, $12,772.55 has been expended /committed as of June 30, 2013,
leaving an available (unexpended) budget of $187,227.45 to complete the
project; and,
WHEREAS, the remaining funding needs to be appropriated to complete the
project as a FY2013 -14 capital project.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
the County of Isle of Wight, Virginia, that unexpended funding in the amount
of $187,227.45 from the FY2012 -13 Bethel Waterline Improvement Project
Fund be appropriated to complete the project as part of the County's FY
2013 -2014 capital projects.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia, be hereby authorized to make the appropriate
accounting adjustments in the budget and do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bailey further moved that the low bid from Bryant's Excavation,
Inc. for the Bethel Heights Waterline Improvements be accepted. Pending
review by the County Attorney, the Chairman is authorized to execute the
standard County Invitation for Bids Agreement. The motion was adopted by
a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Mr. Haltom advised that the Department of Environmental Quality has
approved a one (1) year extension of the adoption of the Stormwater
Management Program.
Mr. Haltom requested authorization to hire a part-time standby truck driver
for refuse collection.
Supervisor Casteen moved that the Human Resources Department be
authorized to advertise and fill one (1) part-time standby truck driver for
refuse collection. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Haltom requested authorization to hire a Maintenance Worker I position
and waive the 90 -day waiting period.
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Supervisor Darden moved that the 90 -day waiting period be waived and the
Human Resources Department be authorized to advertise and fill the vacant
position. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Mr. Haltom briefed the Board regarding the recent diesel fuel spill at the
Windsor Volunteer Fire Station as a result of a failed galvanized line.
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Chairman Hall declared a break until 7:00 p.m., at which time the meeting
was called back to order.
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PUBLIC HEARINGS
Sandy Robinson, County Planner, presented the following application to the
Board:
A. The application of the Annie S. Crocker Estate for a change in zoning
classification from Rural Agricultural Conservation (RAC) to
Conditional Rural Residential (C -RR) of 2.64 acres of land located at
13061 Modest Neck Road (Rt. 625), north of Raynor Road (Rt. 681)
and south of Green Level Road (Rt. 623) in the Carrsville Election
District. The purpose of the application is for one (1) single - family
residential lot, as conditioned.
Chairman Hall called citizens to speak in favor of or in opposition to the
application.
William Riddick, the applicant's attorney, advised that the Crocker family
has owned this farm since 1875. He requested the Board waive the proffer in
the amount of $11,189 because it is an existing residence that is being
proposed for repairs and not a new lot being created.
Chairman Hall closed the public hearing and called for comments from the
Board.
Supervisor Alphin moved that the application be approved. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
B. The application of Breeden Investment Properties, Inc., applicant and
Eagle Harbor, L.L.C., owner, for a change in zoning classification from
Conditional General Commercial (C -GC) to Conditional Planned
Development Residential (C -PD -R) of approximately 15.80 acres of
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land located on the west side of Carrollton Boulevard (Route 17) and to
amend the conditions dated November 18, 1998, in the Newport
Election District. The request is to allow for multi - family residential
development on approximately 15.80 acres of land and to amend
conditions of the 1998 rezoning approval to increase the aggregate total
of residential units to allow for the development of Tract 8 for up to
208 multi - family units and to modify the Schedule of Phased Highway
Road Improvements.
Matthew Smolnik, Assistant Director of Planning and Zoning, represented
the application. He advised that he placed letters in support of the
application at the Board's seats from Pet Paradise Animal Clinic, Eagle
Harbor and Motion Physical Therapy and Mr. Tom Pruitt, as well as a letter
in opposition from Ms. Arden Reed, noting that they had been omitted from
the agenda.
Tim Faltner, Chief Operating Officer, Breeden Company, provided an
explanation of the Breeden Company's approach to this project which is to
improve the community, maintain the surrounding home values and that of
the surrounding shopping center and to support small business owners. He
stated that the apartments would be built first and are intended to spur
activity on the purchase of the commercial lots. He stated he envisions that
following a year after the construction of the apartments, activity on the
commercial outparcels would begin.
Chairman Hall called citizens to speak in favor of or in opposition to the
application.
Susan Montgomery, 22336 Graystone Drive, requested the Board to deny the
application or vote to continue the application until the Board can thoroughly
review the information presented to the Board tonight in its agenda. She
requested that should the Board move forward, she would request that the
changes requested tonight become written proffers. She voiced concern with
the effect on the surrounding neighbors, the quality of life and the safety of
children and an increase in noise levels, impact on traffic and they are
requesting that the commercial project be built first. She requested a proffer
be offered to install the traffic signal at the intersection of Route 17 and a
traffic control signal study completed. Wants a six to eight foot boarder
fence built around the neighborhood and move the buffer stone to 50 feet and
increase the setback to 100 feet; move the location of the bmp to the
northgate side and build a berm; identify the companies that will occupy the
space and that Breeden Company be required to include a full cash proffer
for each commercial and residential space built.
Annette Thurman, 22336 Graystone Drive, requested the Board to deny the
application unless the Breeden Company can alter its site plan and proffer in
writing the alternate solutions outlined in the agenda on Page 4. She
proposed that there be no access onto Northgate Drive and that there be an
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access road that would be parallel to Smith's Neck Road at the proposed
apartment complex with an entry and exit point at the Davis Drug Store.
Dennis Gustress, 22361 Moss Creek Circle, stated that the current
intersection at Northgate is very dangerous and Graystone and Northgate
were not originally designed as high - traffic roads. He stated increased traffic
will cause more people to not use the businesses located at the Shoppes at
Eagle Harbor.
Maurice Autra, 22297 Northgate Drive, recommended that the businesses be
built before the apartments. He asked that the Board enact the sunset clause
that if it is not built by the year 2015, it be returned to its original zoning.
Kurt Likey, 13413 Timberidge Court, stated that he purchased his home
because it was in a walkable neighborhood. He stated that this development
is built upon the concept that it will bring in additional commercial
development and Phase 2 was intended to do the same, but did not, so why
does anyone believe that Phase 3 will do anything different than Phase 2.
Major Dr. Jonathan Mayer, 13354 Windsong Way, cited safety concerns with
increased traffic and requested the Board to deny the application unless it
follows the recommendations of his fellow homeowners.
Arden Reed, 301 Blue Heron Trail, commented on the large number of
apartments located on Route 17 and she requested the Board proceed with
caution on this application.
Doyle Agnu, 1505 Broadwater Arch, spoke in opposition to increased traffic
and in favor of the recommended changes to the proffers.
Rhonda Dawson, 704 Marshelder Trail, spoke in opposition to the increased
traffic which will present safety issues for walkers in the community which
will also diminish the quality of life. She stated that there has been a large
amount of turnover with existing businesses and she does not believe
additional commercial businesses can be supported. She recommended the
Board continue the matter and consider the changes being proposed with the
proffers. She stated that there is an increase in crime and there seems to be a
correlation with the Eagle Harbor apartments.
Mario Manfrey, 13128 Lighthouse Lane, expressed concern with the ten -year
old traffic study and the fiscal impacts to the County as a whole. He
expressed concern with the potential for increased crime.
Susan Pleasants, representing Wheeler interests, the developer of the shops at
Eagle Harbor and the ownership entity for that property, stated that the
rooftops come first and the development comes after as the shops need the
rooftops to be able to stay in business.
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Mark Edwards, 105 Mariners Court, spoke in favor of the rezoning stating it
is a good plan for many reasons and many of the concerns expressed tonight
have been addressed by the developer. He stated that the real estate market is
recovering following a seven year recession and the demand is now there to
support a smaller commercial development.
Dan Agnu, 1505 Broadwater Arch, encouraged the Board to deny the
proposal, as recommended by the Planning Commission.
Eric Robinson, 13349 Windsong Way, stated that all of the concerns have not
been addressed by the developer. He stated before the Board approves the
application, all things promised should be included in the proffers.
John Lent, 13405 Riverburch Trail, stated there needs to be a balance for
developing the area and the impact to the quality of life of the current
residents. He cited concerns with additional traffic, safety of children, loss of
natural surroundings and the potential for increased crime in the area. He
requested the Board to make an informed decision on this application and, if
the decision is made to rezone the property, that the developer and the
County make a concerted effort to mitigate the impacts addressing the berm
area and the requirements for an access road to Northgate Drive and that the
requirements be in writing as part of the proffer process.
Dean Vincent, 605 Gatling Pointe Parkway, stated the reason why a signal at
Northgate Drive is not proposed is because VDOT's combination of warrants
have not been met.
Lori Manfrey, 13128 Lighthouse Lane, requested that the Board defer action
on the application at this time in order to further review the Fiscal Impact
Study and the proposed proffer amendments.
Chairman Hall closed the public hearing and called for comments from the
Board.
The Board discussed that the Planning Commission has not had an
opportunity to review the developer's modified Fiscal Impact Study and staff
look at the traffic concerns to determine if there is anything can be worked
out; staff has not had an opportunity to review the additional proffer
conditions suggested by the homeowners.
Supervisor Bailey moved that the matter be returned to the Planning
Commission for further study. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
A break was declared by the Chairman and upon the Board returning to open
session, Chairman Hall requested the Board's consideration of setting a joint
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work session between the Board and the Planning Commission on the
Breeden application with respect to the issue of transportation.
Supervisor Bailey moved that his previous motion on the Breeden Investment
Properties, Inc. application be reconsidered. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that staff be directed to set up a work session with
the Board of Supervisors, staff, VDOT and the applicant to further discuss
the transportation issues relative to the Breeden application. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
C. An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Chapter 4. Buildings. Article III.
Inspections. Section 4 -8. Construction, Repair or Alteration of
Buildings or Structures.
Chairman Hall called citizens to speak in favor of or in opposition to the
application.
Arthur E. Berkley, Director of Inspections, advised that the amendment
increases the existing permit fee from $50 to $75 and brings other fees in line
with the permit fee.
Chairman Hall closed the public hearing and called for comments from the
Board.
Supervisor Casteen moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING
CHAPTER 4. BUILDINGS. ARTICLE III. INSPECTIONS.
SECTION 4 -8. CONSTRUCTION, REPAIR OR ALTERATION OF
BUILDINGS OR STRUCTURES.
WHEREAS, the Isle of Wight County Board of Supervisors approved the
operational budget at its meeting on May 16, 2013 and an amendment to
Chapter 4. Buildings. Article III. Inspections to modify certain fees
associated with buildings was proposed therein; and
WHEREAS, the Isle of Wight County Board of Supervisors now deems it
necessary and appropriate to revise such fees as part of its current efforts to
balance the local budget.
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NOW THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Chapter 4. Buildings. Article III.
Inspections. Section 4 -8. Construction, repair or alteration of buildings
or structures. is hereby amended and reenacted as follows:
Sec. 4 -8. Construction, repair or alteration of buildings or structures.
(a) Minimum permit fee. The minimum building permit fee shall be
seventy -five dollars ($75.00).
(b) Reinspection /Prepermit fee. The reinspection/prepermit fee shall
be one hundred twenty -five dollars ($125.00).
(c) Special Inspection fee. The special inspection fee shall be
seventy -five dollars ($75.00).
(d) Basic permit fee.
(1) Usable area under roof, per building or structure (includes
all new construction, finished or unfinished): For the construction of any
building or addition thereto where floor area is increased, the fee shall be
based on the floor area to be constructed, as computed from exterior building
dimensions at each floor.
a. All buildings of minimum construction types, for the
first forty thousand (40,000) square feet and under, sixteen cents ($0.16) per
square foot;
b. All buildings over forty thousand (40,000) square
feet, twelve cents ($0.12) per square foot.
(2) All structures not under roof, sixteen cents per square foot
of area or a minimum permit fee of seventy -five dollars ($75.00), whichever
is greater.
(e) Demolition permit fee. The demolition permit fee shall be
seventy -five dollars ($75.00).
(f) Moving structures permit fee. The permit fee for moving
structures of any kind shall be seventy -five dollars ($75.00).
(g) Industrialized building �permit fee. The industrialized building
permit fee shall be the same as the basic permit fee in subsection (c)(1) of this
Section (excluding mobile homes).
IN
(h) Modular construction permit fee. The modular construction
permit fee shall be same as the basic fee in subsection (c)(1) of this section.
(i) Mobile home permit fees. The mobile home and other mobile
units permit fee shall be seventy -five dollars ($75.00) each.
0) Sign permit fees. Sign permit fees shall be seventy -five dollars
($75.00) per sign.
(k) Tents and other temporary structures permit fee. The permit fee
for tents and other temporary structures shall be seventy -five dollars ($75.00)
each.
(1) Chimneys, fireplaces, etc. The permit fee for chimneys,
fireplaces, wood and coal stoves and other solid fuel burning heaters shall be
seventy -five dollars ($75.00). (NOTE: Fireplaces, heaters and chimneys
shall be included in new construction permit fees only if so noted at the time
of issuing the permit.)
(m) Alterations to create finished space. The fee for alterations to
shell buildings, unfinished tenant spaces, garages and attics to create finished
space shall be twelve cents ($0.12) per square foot.
(n) Other structures. The fee for all other structures as defined in the
Basic Building Code not included in the above fee schedule are as follows:
(1) Piers -- $75.00;
(2) Pools:
a. Inground -- $125.00,
b. Above ground -- $75.00.
(3) Retaining wall as defined in the Building Code -- $75.00;
(4) Towers -- $75.00.
(o) Permit reissuance fee. Permits becoming invalid as specified by
the Code may be reissued up to a period of five years and charged a fee of
one hundred dollars ($100.00) for the first six months and seventy -five
dollars ($75.00) for each additional six months. A request for such
reissuance shall be in writing and submitted prior to the permit becoming
invalid.
(p) Plans examination.
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(1) The fee for plans examination, other than residential and
accessory structures, shall be two hundred fifty dollars ($250.00).
(2) A fee of one hundred fifty dollars ($150.00) shall be
charged for the reviewing of residential plans.
(q) Appeals. For each appeal to the Building Code board of appeals,
the fee shall be one hundred fifty dollars ($150.00). (1- 10 -74, §A; 5 -3 -79; 6-
16 -88; 12- 16 -04; 4- 21 -05; 7- 18 -13.)
For state law as to authority of county to levy permit
Fees, see Code of Va., § 36 -105.
NOW THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors that this amendment and reeneactment of
Chapter 4, Buildings, Article III, Inspections shall be effective as of July 1,
2013.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
A Resolution to Adopt, Authorize and Appropriate Capital Budget Funds was
presented by Michael W. Terry, Director of Budget and Finance, for the
Board's consideration.
Supervisor Casteen moved that the following Resolution be adopted in the
amended amount of $8,994,779:
RESOLUTION TO ADOPT, AUTHORIZE AND APPROPRIATE
CAPITAL BUDGET FUNDS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has adopted its Capital Improvements Plan; and,
WHEREAS, funds for these capital improvements and other projects have
been secured by the Board of Supervisors via bond issuance to ensure
completion of these projects; and,
WHEREAS, the Board of Supervisors deems it necessary to adopt a Capital
Budget for FY2013 -14 and to authorize and appropriate such funds for those
projects identified in said Capital Budget.
NOW THEREFORE BE IT RESOLVED that the Board of Supervisors
adopts the FY2013 -14 Capital Budget in the amount of $8,994,779 and does
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hereby authorize and appropriate such funds from bond issuance proceeds for
those projects identified in said Capital Budget.
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 (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Regarding the issue of grant funding for a School Resource Officer,
Supervisor Darden moved that the County not accept the grant funding for
the SRO. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
The Board received a presentation from Jimmy Sanderson, Davenport and
Company, relative to recent refunding opportunities and refinancing of the
County's existing debt. He noted that he would return at a later date to
discuss the need for updated guidelines for issuing debt going forward.
The Board was advised of the County's award of a GFOA Certificate of
Achievement by Michael W. Terry, the County's Director of Budget and
Finance.
APPOINTMENTS
Chairman Hall moved that Lynn Jones be reappointed to serve on the Paul D.
Camp Community College Board. The motion was adopted by a vote of (5-
0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor
of the motion and no Supervisors voting against the motion.
OLD BUSINESS
Regarding the issue of proposed three percent (3 %) State - funded salary
increases for Constitutional Officers and Compensation Board funded
permanent staff positions, Donald T. Robertson, Director of Information
Resources and Legislative Affairs, distributed updated information and
advised that the Treasurer and the Commissioner of the Revenue, due to the
Memorandums of Understanding with the County, are also non - discretionary
as it relates to the increase. He stated it is staff's recommendation that all
Constitutional Officers salaries be adjusted.
Supervisor Casteen moved that increases be provided to all of the
Constitutional Officers, effective August 1, 2013. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
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Regarding a request for compensation for two (2) Deputy Assistant
Commonwealth Attorneys, Supervisor Casteen moved to authorize the
request salary increases effective July 1, 2013 in the amount of $3308 each.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
The Board chose not to move forward with an increase for permanent staff
noting that they had already received a 5% salary adjustment.
NEW BUSINESS
No new business was offered for discussion by the Board.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.2- 3711.A.7 of the Code of Virginia concerning consultation with legal
counsel requiring the provision of legal advice pertaining to actual litigation
related to a code enforcement violation and the Berm's Grant development
and under Section 2.2- 3711.A.1 concerning three (3) personnel matters.
Supervisor Darden moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. The motion was adopted by a
vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that the Board return to open session. The motion
was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin
and Casteen voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Casteen moved that the following Resolution be 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- 3712.1) 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
22
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.
V OTF.
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
There was no action taken following the closed meeting.
H
At 10:30 p.m., Chairman Hall declared the meeting adjourned.
�'CnWLVI -
Carey Alls Storm, Clerk
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6� ' e6z)�e'A:-
Byron B. Bailey, Chairman