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08-22-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY - SECOND DAY OF AUGUST 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 C. Darden, Windsor District Alan E. Casteen, Smithfield District Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Melinda Goodwyn, Acting Clerk At 5:00 p.m., Chairman Hall called the meeting to order and Supervisor Alphin provided the invocation and led the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA The following revisions to the agenda were presented for the Board's consideration by County Attorney Popovich: Under the County Administrator's report, add consideration of a request from the Clerk of Court to hire one (1) part-time Deputy Clerk II position and a request for the waiver of permit fees associated with the former Health Department building located at 402 Grace Street in Smithfield; under the General Services report, remove Item B., Sanitary Sewer Consent Order and move item D — Project Update and Change Order No. 1 to item A; under the County Attorney's report, add four (4) closed meeting items; and, under Special Presentations, remove Item C., Small Business Close -Up. Supervisor Alphin moved that the agenda be adopted as amended. 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. SPECIAL PRESENTATIONS /APPEARANCES Animal Control staff presented a kitten available for adoption at the animal shelter. The 2013 Isle of Wight County Fair Queens were formally introduced. Theodore Hardison, SPSA Board Appointee, addressed the Board regarding SPSA's assets and liabilities and indicated his interest in continuing to serve as the County's Governor - appointed representative. CONSENT AGENDA A. Tuition Reimbursement Policy Revisions (Section 6.2) B. Skating Rink Attendants C. Site Supervisors D. Operational Response Plan for Patient Care Reporting for the County's Emergency Medical Services Providers E. Virginia Department of Criminal Justice Services Victim Witness Assistance Grant Program Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services F. Technical Revisions to VDOT FY 2014 -2019 Six -Year Secondary Improvement Plan (SSYIP) Resolutions Resolution of the Board of Supervisors of Isle of Wight County to Approve Priorities for the Virginia Department of Transportation's Six -Year Secondary Improvement Program for FY 2014 through FY 2019 Resolution of the Board of Supervisors of Isle of Wight County Requesting the Virginia Department of Transportation to Designate Two (2) Roadways as Revenue Sharing Projects to Efficiently Implement the Six -Year Secondary Improvement Program (SSVIP) for FY 2014 through FY 2019 G. Lease of County -owned Property — Public Utility Abandoned Well Lot H. Nike Park Pier Replacement I. Quarterly Project/Program Status Report J. Schools FY 2013 -14 Estimated Operational Results and Cash Flows Update K. FY 2013 -14 Monthly Financial Reports for County and Schools L. Professional Services — Financial and Compliance Audits Update M. Monthly Report: Delinquent Tax Information 1) N. March 18, 2013 Special Meeting Minutes (To Be Forwarded Under Separate Cover) O. March 21, 2013 Regular Meeting Minutes (To Be Forwarded Under Separate Cover) Chairman Hall moved that Item (A), Tuition Reimbursement Policy Revision, be removed from the Consent Agenda for further discussion and approve all remaining items, 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. Responsive to Chairman Hall, Brandy B. Day, Director of Human Resources, advised those who have applied and funds have been encumbered for would be honored this semester. Chairman Hall moved that Item (A), Tuition Reimbursement Policy Revision, be approved, 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 Bailey reported that Federal prisoners have been removed from the Western Tidewater Regional Jail and relocated to the Virginia Beach City Jail. TRANSPORTATION MATTERS Jamie Oliver, Transportation Planner, advised that VDOT has been unsuccessful in alleviating the drainage problem on Washington Avenue in Camptown and is exploring other options at this time. CITIZENS COMMENTS Albert Burckard, on behalf of the Carrollton Civic League, distributed a letter from that organization advising that the County's septic pump out program places an undue burden on County residents with wells. He relayed the League's suggestion that the County contact the Virginia Association of Counties to determine how other localities in Virginia feel about this issue. Bruce Powell voiced his opposition to a proposal in The Smithfield Times that the County take out a loan to pay for the Benns Grant intersection project. He stated it is the developer's responsibility to secure the funding for that intersection. Susan Montgomery of Graystone Drive spoke on the Breeden application. She suggested that the Northgate Drive intersection be a left turn only or erect a "no right turn to through traffic" sign. 3 Coritta Sutter, 107 Maple Lane, spoke in support of the Windsor Middle School Gym being used as a community recreation center and a place to conduct public meetings. Pinky Hipp and Florine Moore spoke in support of a seven (7) member district plan. Carita Richardson, Mayor, Town of Windsor, spoke in support of the Windsor Middle School Gym being used as a community recreation center for youth and elderly and as a place to conduct public meetings. She advised that she is currently soliciting grants and she requested the Board's financial support in the amount of $25,000 annually for a period of four (4) years. Marilyn Fitchett, Windsor Knight Cheerleading Squad, requested the use of the Windsor Middle School gym for the Squad's practice. BOARD COMMENTS Responsive to Supervisor Alphin's inquiry, the Board was briefed by the Director of Planning and Zoning regarding the State mandate which requires pump out of septic systems every five (5) years. Supervisor Darden recommended this issue be placed on the 2013 VACo Regional 1 legislative meeting agenda and that it be an item for discussion with Delegate Morris. Supervisor Casteen commented on a recent newspaper article which inaccurately described him as unsupportive of a seven (7) member district plan. COUNTY ATTORNEY'S REPORT County Attorney Popovich presented the Blackwater Regional Library contract for the Board's consideration. Supervisor Darden moved that the Chairman be authorized to execute the contract on behalf of the 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. County Attorney Popovich provided an outline of the nominating process associated with the Southeastern Public Service Authority Board of Directors. GENERAL SERVICES REPORT Melissa Lindgren, Engineering Department of General Services, and Bruce Bruchey, Powell Management Associates, provided a project update and Change Order No. 1 for the Isle of Wight County Volunteer Rescue Squad facility. Supervisor Casteen moved that the Chairman be authorized to execute Change Order No.l with the County's contract and Oyster Point Construction Company. 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. Frank A. Haltom, Director of General Services, presented a project update on the Benns Church Boulevard and Brewer's Neck Boulevard intersection improvements. Mr. Haltom briefed the Board regarding the cost associated with extending water and sewer down Campbells Chapel Drive to serve certain residents who are experiencing failing septic systems. Mr. Haltom advised the Board that Edward Kea has announced his retirement as the County's Construction Inspector. He requested that the 90 -day period be waived and that staff be authorized to advertise and fill that position. Supervisor Casteen moved that the 90 -day waiting period be waived and that the Department of Human Resources be authorized to advertise and fill the position immediately. 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. Chairman Hall declared a break and the Board returned to open session at 7:00 p.m. PUBLIC HEARINGS A. Consideration of Sale of Public Property to the Historical St. Lukes Restoration, Inc. /Tax Map Number 32C- 01 -000B. County Attorney Popovich advised that the matter has been properly advertised for public hearing. Chairman Hall called for persons to speak in favor of or in opposition to the proposed sale of property. John Edwards, on behalf of the St. Lukes Restoration, Inc., spoke in support of the sale. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the sale 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. 5 Chairman Hall called for a public hearing on the following: B. Consideration of Sale of Public Property to the Town of Smithfield for the Development of a Baseball Field Complex/Tax Map Number 21 -01- 083. County Attorney Popovich advised that the matter has been properly advertised for public hearing. Chairman Hall called for persons to speak in favor of or in opposition to the proposed sale of property. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the sale 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. Chairman Hall called for a public hearing on the following: C. Real Property Lease Agreement /Isle of Wight Hunt Club County Attorney Popovich advised that the matter has been properly advertised for public hearing. Chairman Hall called for persons to speak in favor of or in opposition to the proposed sale of property. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the lease 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. Chairman Hall called for a public hearing on the following: D. Real Property Lease Agreement /Mill Swamp Hunt Club County Attorney Popovich advised that the matter has been properly advertised for public hearing. 6 Chairman Hall called for persons to speak in favor of or in opposition to the proposed sale of property. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the lease 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. Chairman Hall called for a public hearing on the following: E. The application of Isle of Wight County, applicant /owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional - Limited Industrial (C -LI) of approximately 890 acres of land located between Walters Highway (Route 258) and Buckhorn Drive (Route 610) in the Windsor Election District, and the request of the Industrial Development Authority (IDA) of Isle of Wight County to withdraw two (2) parcels of land, totaling approximately four (4) acres, from the Knoxville Agricultural/Forestal District. The request is to allow for the development of Phase III of the Shirley T. Holland Intermodal Park. County Attorney Popovich advised that the matter has been properly advertised for public hearing. Matthew Smolnik, Assistant Director of Planning and Zoning, presented the application and advised that the Planning Commission is recommending the formation of a joint committee charged with addressing transportation issues and consisting of individuals selected by the Board and appointed by the Chairman to serve on behalf of the County. Chairman Hall called for persons to speak in favor of or in opposition to the proposed sale of property. Glenn Willis, Windsor Planning Commission member, requested that the County give consideration to additional infrastructure to address the traffic problems which will have a profound impact on the Town of Windsor, the County and the Shirley T. Holland Intermodal Park. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the rezoning application be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, 7 Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the two (2) parcels be removed from the Knoxville Agricultural/Forestal District. 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. Chairman Hall called for a public hearing on the following: F. Isle of Wight County Cash Proffer Study for Schools, Parks & Recreation, Libraries, Sheriff, Fire & Rescue, and General Government updated in 2012, along with the Cash Proffer Study for Transportation and the Cash Proffers /Capacity Fees Study for Utilities prepared in 2012, by TischlerBise, as may be revised and updated and applicable to the impact of proposed residential and commercial developments on public facilities and the need for capital improvements. County Attorney Popovich advised that the matter has been properly advertised for public hearing. Ms. Walkup briefed the Board on the Study. Chairman Hall called for persons to speak in favor of or in opposition to the proposed sale of property. Susan Gaston, on behalf the Virginia Peninsula Association of Realtors, expressed the Association's concern that cash proffer affect housing affordability. Andreu Sinclair, Hampton Roads Realtors Association, relayed the Association's recommendation that cash proffers not exceed $5,000. Mark Edwards, East West Partners of Virginia, stated he would like to see the County attract more commercial economic development and that cash proffers deter new development. Chairman Hall closed the public hearing and called for comments from the Board. The Board noted the need to further discuss the issue and agreed that a work session would be beneficial. Supervisor Bailey moved that the matter be deferred to a special meeting to be set in the month of 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. 8 EMERGENCY SERVICES REPORT Andrea S. Clontz, Emergency Management Coordinator, briefed the Board on VOPEX 2013, a required FEMA- graded exercise conducted every two years at the Dominion Power Plant in Surry. Ms. Clontz presented a Resolution to Accept Donated Mass Casualty /Evacuation Transport Unit from Hampton Roads Planning District Commission for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO ACCEPT DONATED MASS CASUALTY/EVACUATION TRANSPORT UNIT FROM HAMPTON ROADS PLANNING DISTRICT COMMISSION WHEREAS, Hampton Roads Planning District Commission on behalf of the Hampton Roads jurisdictions, agencies and organizations under the Hampton Roads Urban Areas Security Initiative (UASI) grant and the Metropolitan Medical Response System (MMRS) grant desires to donate a Mass Casualty/Evacuation Transport Unit (MCI Bus) to the Department of Emergency Services to augment the County's emergency medical response during a mass casualty, terrorism or disaster event in Isle of Wight County and, WHEREAS, the Board of Supervisors of Isle of Wight County hereby accepts the gift of the Mass Casualty /Evacuation Transport Unit; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the donated Mass Casualty /Evacuation Transport Unit be accepted for use by the Department of Emergency Services to augment the County's emergency medical response during a mass casualty, terrorism or disaster event in Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized 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. Rusty Chase, Chief of Emergency Services, represented a request by the Department of Emergency Services for a transfer of part-time salary line items to frill -time to offset staffing needs. Brandy B. Day, Director of Human Resources, distributed a staffing analysis illustrating actual hours worked by part-time EMS and fire fighters during the months of June and July 2013 and represented the Chief's request to revise and 9 reduce the part-time line item budget to hire additional full -time EMS /firefighters. Supervisor Alphin moved to authorize the transfer of Emergency Services departmental budgetary funds related to salaries and benefits for the recruitment and hire of additional full -time EMS /firefighters. The motion was adopted by a vote of (4 -1) with Supervisors Darden, Bailey, Hall and Alphin voting in favor of the motion and Supervisor Casteen voting against the motion. COUNTY ADMINISTRATOR'S REPORT County Administrator Caskey presented the Town of Windsor's request of the County for an annual financial commitment related to the Windsor Middle School gymnasium. Supervisor Bailey moved that the County commit $25,000 annually (for a total of $100,000) to the former Windsor Middle School gymnasium and direct staff to include in next year's CIP. 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. Michael W. Terry, Director of Budget and Finance, presented the County's Fiscal Year Ended June 30, 2013 Unaudited, Unadjusted Preliminary Draft Financial Statement. Ms. Day addressed the matter of the Compressed Workweek program for the Board's consideration. Supervisor Darden moved to continue with the voluntary compressed workweek program on a permanent basis as a benefit to County employees. 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. Donald T. Robertson, Director of Information Resources and Legislative Affairs, addressed the Board regarding the timeframe of the budget process with respect to the County's Operating and Capital budgets. Chairman Hall requested staff to set up a joint meeting with the School Board in the first half of November to discuss the County's budget calendar. Mr. Robertson briefed the Board on the items contained in its Legislative Priority List and requested the Board to advise him of any comments or additions prior to the Board's September 19, 2013 meeting. Mr. Robertson represented a request from Sharon Jones, Clerk of Court, to hire one (1) part-time Deputy Clerk II position. 10 Supervisor Darden moved that the request be granted and the Human Resources Department authorized to advertise and hire a part-time Deputy Clerk II 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. Arthur E. Berkley, Director of Inspections, requested approval of a waiver of permit fees associated with the former Health Department building located at 402 Grace Street in Smithfield. Supervisor Casteen moved that the fees be waived. 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. APPOINTMENTS Supervisor Alphin moved that George Parker be appointed to the Blackwater Regional Library 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 Mr. Smolnik represented the following Old Business item: 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 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. Supervisor Darden distributed a letter from Ms. Montgomery requesting raised crosswalks or speed bumps on Northgate Drive or "Watch for Children" signage. She advised that the developers are in agreement that Ms. Montgomery's request can be honored. Mr. Smolnik advised that Ms. Montgomery's request can be accommodated if the roadway is private; however, if the roadway is public, VDOT's approval is required. Supervisor Bailey moved that the application be approved with the amended proffers. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, 11 Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that staff be directed to work with the citizens and the applicant relative to the request for traffic calming measures. 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. NEW BUSINESS There was no new business 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 Freedom of Information Act concerning consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation relating to a code enforcement violation; pursuant to Section 2.2- 3711.A.1 concerning discussion of two personnel matters; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to redistricting; and, pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to severance announcement. Supervisor Alphin moved that the Board enter the closed meeting for the reasons stated by 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. Supervisor Casteen moved that the Board return to open session. 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 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 12 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: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Bailey moved to authorize the creation of a new Senior Parks and Grounds Attendant position, as discussed in closed 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. ADJOURNMENT At 9:50 p.m., Chairman Hall moved that the Board adjourn its meeting. 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. -� h� Carey NVIls Storm, Clerk 13 ByrA B. Bailey, Chairman