11-21-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY -FIRST DAY OF NOVEMBER 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
Byron B. Bailey, Vice - Chairman
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
The meeting was called to order at 5:00 p.m. by Chairman Hall.
Supervisor Darden provided the invocation and led the Pledge of
Allegiance to the Flag.
Under the APPROVAL OF THE AGENDA, County Attorney
Popovich added one (1) matter to the closed meeting.
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.
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Under SPECIAL PRESENTATIONS /APPEARANCES, two kittens
available for adoption at the County's animal shelter were presented for
adoption.
The Smithfield Farmer's Market was recognized for being named one
(1) of the "101 Best Farmers' Markets in America" by the
TheDailyMeal. com.
The following CONSENT AGENDA was considered:
A. Farm Lease — Public Hearing Authorization
B. Tax Refund
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C. Tyler's Beach Tax Write -Off
D. Western Tidewater Regional Jail Authority Legislative Request
E. Covenants and Restrictions — HMGP Property
F. SAFCO Donation
Resolution to Accept Donated Office Chairs from SAFCO
G. Dissolution of the South Hampton Roads Resource Conservation
and Development Council
Supervisor Alphin moved that Item (G), Dissolution of the South
Hampton Roads Resource Conservation and Development Council, be
removed and that the remaining items be adopted. 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 the dissolution of the South Hampton Roads
Resource Conservation and Development Council, Supervisor Darden moved
that the decision to dissolve the Council be supported. 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.
Under REGIONAL REPORTS, Supervisor Darden reported on the
Virginia Association of Counties Annual Conference with respect to the
various programs attended by Board members at the Conference.
Supervisor Darden reported that the Hampton Roads Planning District
Commission had received a report on coastal zone management grants and
reviewed the Commission's legislative agenda.
Supervisor Darden reported on updates received by the Hampton Roads
Transportation Organization on area projects. She advised that the
Organization's legislative agenda was reviewed, in addition to the Six -Year
Improvement Program. She further advised that the Hampton Roads area has
received $20 million dollars in tax revenues under the new Transportation
Bill and that the TPO is investigating its becoming a bonding entity.
Supervisor Bailey reported that the Western Tidewater Regional Jail's
audit had received an unmodified opinion; that the Jail is 67% at capacity;
and, that the City of Norfolk has agreed to keep the Jail supplied with Federal
inmates. He advised that high medical costs were discussed and that the
security system is in need of being updated and the lighting replaced.
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Supervisor Casteen reported that the Social Services Board had
provided its employees with an annual appreciation breakfast.
Chairman Hall reported that the Hampton Roads Mayors and Chairs
had received a transportation update.
Chairman Hall reported that she had attended the annual State of the
County Breakfast sponsored by the Chamber of Commerce.
Chairman Hall advised that she had spoken at two (2) Veterans Day
programs.
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Under TRANSPORTATION MATTERS, no items were offered for
discussion.
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Under CITIZENS COMMENTS, Charlie Broadwater, Treasurer and
member, Western Tidewater Free Clinic, updated the Board on services
provided by that Clinic.
Pete Green requested the County to be conscientious about its
expenditures and tax increases. He inquired about the status of the Route 460
project
Jim Henderson requested the Board's endorsement of broadband access
in the County.
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Under BOARD COMMENTS, the issue of broadband endorsement
was discussed and staff was asked to return to the Board with a report on
resource commitments.
Under the COUNTY ATTORNEY'S REPORT, the issue of the HIPAA
Privacy Rule was discussed and staff was directed to finalize an appropriate
resolution designating the County as a hybrid entity, in accordance with
HIPPA regulations, that specifically sets forth the health care components of
the County for the Board's consideration at its December 19, 2013 meeting.
County Attorney Popovich requested the Board to review the proposed
By -Laws and Rules of Procedure and be prepared to discuss the provisions at
its December 19, 2013 meeting for final adoption at its January 2, 2014
organizational meeting.
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County Attorney Popovich requested authorization to advertise certain
technical revisions to Chapter 1. General Provisions and Chapter 2.
Administration.
Supervisor Bailey moved that the County Attorney's office be
authorized to advertise technical revisions to Chapter 1. General Provisions
and Chapter 2. Administration for public hearing at the Board's December
199 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.
Under the PARKS AND RECREATION REPORT, County
Administrator Seward presented a Resolution Authorizing Application for
Grant Funding from the Recreational Trails Program for the Board's
consideration.
Supervisor Alphin moved that the following Resolution be adopted:
A RESOLUTION AUTHORIZING APPLICATION FOR GRANT
FUNDING FROM THE RECREATIONAL TRAILS PROGRAM
WHEREAS, under the provisions of the Recreational Trails Program,
grant funding is available to aid in financing the cost of the construction
and /or rehabilitation of recreational trails and trail related facilities; and,
WHEREAS, Isle of Wight County wishes to utilize grant funding to
develop a youth ATV recreational trail project at Heritage Park.
NOW, THEREFORE, BE IT RESOLVED by Board of Supervisors of
the County of Isle of Wight, Virginia that:
1. The County Administrator be authorized to make formal application to
DCR for funding assistance;
2. Any fund assistance received be used for implementation and
completion of Heritage Park ATV Trail within the specified timeframe;
3. The County of Isle of Wight hereby certifies that project funding is
committed and will be derived from Fiscal Year 2014 Isle of Wight
County Operating Budget;
4. We acknowledge that we are responsible for supporting all non -cash
commitments to this project should they not materialize;
5. We are aware that the grant, if approved by the Federal Highway
Administration, will be paid on an 80 % -20% reimbursement basis. This
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means we may only request payment after eligible and allowable costs
have already been paid and remitted to our vendors and evidence of
such has been provided to DCR in the format required by the project
agreement.
6. This resolution becomes part of a formal application to the Virginia
Department of Conservation & Recreation;
8. We acknowledge that we are responsible for compliance with the
National Environmental Policy Act, and at a minimum the Endangered
Species Act, and Historic Preservation Act as well as all applicable
state and federal laws provided appropriate opportunity for public
comment on this application;
9. We acknowledge that appropriate opportunity for public comment has
been provided on this application and evidence of such is a required
component for approval.
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.
Under the EMERGENCY SERVICES REPORT, County Administrator
Seward presented a Resolution to Accept and Appropriate Grant Funds from
the State Homeland Security Program Grant for consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS
FROM THE STATE HOMELAND SECURITY PROGRAM GRANT
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia has been allocated funding from the Commonwealth of Virginia
Department of Emergency Management under the 2013 State Homeland
Security Program (SHSP) grant; and,
WHEREAS, funds in the amount of eight thousand two hundred and
ninety -three dollars ($8,293) or so much as shall be received needs to be
accepted and appropriated to the appropriate line items in the FY 2013 -14
General Operating Budget of Isle of Wight County, Virginia.
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia that eight thousand
two hundred and ninety -three dollars ($8,293) or so much as shall be
received be accepted and appropriated to the FY 2013 -14 General Operating
Budget of Isle of Wight County, Virginia.
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BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, 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.
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Under the COUNTY ADMINISTRATOR'S REPORT, County
Administrator Seward suggested that the Board conduct a work session on
the Stormwater Management Program.
Supervisor Alphin moved that the Board conduct a work session on
December 5, 2013 at 5:00 p.m. The work session is to be videotaped. 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.
Brandy B. Day, Director of Human Resources, briefed the Board on the
Virginia Local Disability Program legislation which was created and
mandated by the General Assembly and will become effective January 1,
2014.
Supervisor Darden moved that a resolution be adopted rescinding the
opt -out resolution adopted at the Board's October 2013 meeting and electing
to participate in the Virginia Retirement System Virginia Local Disability
Program. 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.
Mark W. Furlo, Director of Parks and Recreation, presented a request
for the waiver of fees from the Smithfield Soccer Club. He recommended
that the request be denied because the expenses for the operation of the park
for that day will not be covered and the park will not be available for County
citizens that day.
Supervisor Bailey moved that the request be denied. 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 Seward brought to the Board's attention items
contained in the agenda which are being provided for the Board's
information.
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Under APPOINTMENTS, Supervisor Bailey moved that David F.
Bugin be reappointed to represent the Newport District on the Board of
Building Appeals. 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 advised that Mr. Bugin does not wish to receive
compensation for serving.
Supervisor Alphin moved that Lisa T. Perry be appointed to replace W.
Douglas Caskey as the voting member on the Chamber of Commerce. 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 moved that Anne Seward be appointed, replacing W.
Douglas Caskey, on the Emergency Communications Center 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.
Chairman Hall moved that Anne Seward be appointed, replacing W.
Douglas Caskey, on the Hampton Roads Planning District Commission. 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 moved that Anne Seward be appointed, replacing W.
Douglas Caskey as the Ex- Officio member on the Southeastern Public
Service Authority. 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 moved that Anne Seward be appointed, replacing W.
Douglas Caskey, on the Joint Tourism Committee. 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 moved that Anne Seward be appointed, replacing W.
Douglas Caskey, on the Town of Windsor Intergovernmental Relations
Committee. 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 moved that Anne Seward be appointed, replacing W.
Douglas Caskey as the Alternate member on the Western Tidewater Jail
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Authority. 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 moved that Anne Seward be appointed, replacing W.
Douglas Caskey as the voting member on the Western Tidewater Water
Authority. 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 Pam Barton be appointed as the agency
representative on the Commission on Aging. 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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Under OLD BUSINESS, there was no old business offered for
discussion.
Under NEW BUSINESS, there was no new business offered for
discussion.
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Under the Closed Meeting, County Attorney Popovich requested a
closed meeting pursuant to Section 2.2 -371 LA.7 of the Freedom of
Information Act concerning consultation with legal counsel requiring the
provision of legal advice pertaining to Johnson Development Associates;
under Section 2.2- 3711.A7. concerning consultation with legal counsel
requiring the provision of legal advice pertaining to the Great Springs Road
ballfield; and, pursuant to Section 2.2- 3711.A.1 regarding a personnel matter.
Supervisor Alphin 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 Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open 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.
Supervisor Alphin 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
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
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Under Public Hearings, Richard Rudnicki, Planner, represented the
application of Bennett's Creek Wholesale Nursery, owner, for a Conditional
Use Permit on 30 acres of a 103.72 acre parcel of land, located at 17283
Benns Church Boulevard in the Windsor Election District. The purpose of
the application is to allow for Resource Extraction to be operated on the site.
Chairman Hall called for citizens to speak in favor of or in opposition
to the application.
Wayne Sawyer, President and owner of Bennett's Creek Nursery,
requested the Board's approval of his application to build a pond which will
provide additional water for irrigation.
Chairman Hall closed the public hearing and called for comments from
the Board.
Albert Burckard commented that he would like for small groups to
continue to be able to dig for fossil shells in the pits.
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Mr. Sawyer stated that he has been informed by the State that the
continuation of fossil hunting in the pits should not be a problem.
Supervisor Darden moved that the application of Bennett's Creek
Wholesale Nursery 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.
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County Attorney Popovich requested a closed meeting under Section
2.2- 3711.A.1 concerning a personnel matter.
Supervisor Alphin moved that the Board enter the closed meeting for
the reason stated by County Attorney Popovich. 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 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 Alphin 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.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Bailey moved that the Chairman be authorized to execute
the agreement 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.
Supervisor Darden moved that staff be directed to report back to the
Board with an action plan with regard to purchasing procedures for fire and
rescue equipment. 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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At 7:50 p.m., Chairman Hall declared the meeting adjourned.
Byron b. Bailey, Chairman
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Carey ills Storm, Clerk