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02-20-2014 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey, Chairman, Newport District Rex W. Alphin, Vice - Chairman, Carrsville District Delores C. Darden, Windsor District Alan E. Casteen, Smithfield District Rudolph Jefferson, Hardy District Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., Chairman Bailey called the meeting to order and delivered the invocation. H The Pledge of Allegiance to the Flag was conducted. Item 1: Approval of the Agenda Responsive to County Attorney Popovich's request that the Quarterly Financial Report, Item (D), under the County Administrator's report, be removed, Supervisor Alphin moved that the agenda be adopted, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. H Item 2: Consent Agenda A. Resolution to Accept and Appropriate Stormwater Local B. Resolution to Accept and Appropriate Grant Funds from the Virginia Circuit Court Records Preservation Program C. Resolution to Deem Certain Property as Surplus and Donation of Vehicle to the Carrsville Volunteer Fire Department D. Resolution to Deem Certain Property as Surplus E. Resolution to Rescind a Declaration of Local Emergency in Isle of Wight County, Virginia F. Isle of Wight County Fair Committee By -Laws G. Historic Architectural Review Committee By -Laws H. Design/Build Contract for Nike Park Skateboard Park I. Public Hearing for the Conveyance of Real Property to the Industrial Development Authority J. Resolution of the Hampton Roads Transportation Planning Organization Endorsing Construction of the Commonwealth Connector Project K. August 22, 2013 Regular Meeting Minutes L. August 27, 2013 Special Meeting Minutes Supervisor Darden moved that the Consent Agenda be adopted, as presented. The motion was adopted by a vote of (5 -0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Item 3: Regional Reports Supervisor Darden reported on matters discussed at the most recent joint retreat of the Hampton Roads Transportation Planning Organization and the Hampton Roads Planning District Commission which focused on transportation issues with respect to legislation adopted at the General Assembly and how the Commonwealth Transportation Board intends to prioritize processes for construction funds in FY2017 -2022. She stated with respect to the announced retirement of the Executive Director, discussion revolved around the need for one (1) or two (2) Executive Directors between those entities. Supervisor Alphin reported on the topics highlighted at the Legislative Day/Local Government Day on February 61h and the 2014 Virginia County Board Chairpersons' Institute. Supervisor Casteen reported that only routine business matters had been discussed at the most recent meeting of the Social Services Board. Supervisor Jefferson reported that the Western Tidewater Regional Jail had received a clean opinion on its 2013 financial annual audit. He stated the number of Federal inmates is steadily declining and that the Jail Board had approved sending a letter to the City of Chesapeake requesting their inmates. 2 He further advised that in 2015, the County may be expected to pay an additional $369,399 to maintain the Jail. H Item 4: Closed Meeting County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to extraction fees; under Section 2.2- 3711.A.7 concerning consultation with legal counsel regarding sensitivity training; under Section 2.2- 3711.A.I regarding a personnel matter. Chairman Bailey 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. Chairman Bailey 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 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 I ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // Item 5: Appointments Supervisor Alphin moved that Brian Carroll be appointed to serve on the Planning Commission representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Item 6: Special Presentation/Appearances Animal Control staff showed a slide of animals currently available for adoption at the County's animal shelter. // Item 7: Citizens' Comments Allyson Gayle of 16029 Mill Swamp Road and Chairperson of the Isle of Wight Beautification Committee requested that previously allocated monies from the County to the Isle of Wight Beautification Committee's budget be returned so that projects which were ongoing prior to the dissolution of that Committee can be completed. Herb DeGroft, 15411 Mill Swamp Road, recommended an insurance consultant and medical insurance benefits employee be shared between the School Board and the County. Danny Gray, Pastor, Calvary Baptist Church, requested reconsideration by the Board of its previous action to levy a tax on religious non - profit groups via a stormwater management utility fee and that all faith based County groups be granted waivers. Pinky Hipp of Morgarts Beach Road notified the Board regarding several recent accidents on Route 666, Berry Hill Road, due to ponding on that roadway. She reminded the Board of its responsibilities associated with Boykin's Tavern. // 4 Item 8: County Attorney's Report Resolution to Direct a General Reassessment Supervisor Casteen moved that the following Resolution be adopted: The motion was adopted by a vote of (5 -0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Item 9: County Administrator's Report Brandy Day, Director of Human Resources, provided a brief overview of the Employee Spot Awards Program which recognizes those employees who exceed work expectations. Supervisor Darden moved that the Employee Spot Awards Program Policy be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Frank A. Haltom, Director of General Services, provided a presentation relative to the Agreement for Sanitary Sewer Special Order by Consent. Supervisor Alphin moved that the County Administrator be authorized to execute the Agreement. The motion was adopted by a vote of (5 -0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. LaTanya Turner, Recreation Program Coordinator, provided an overview of the County's Leisure Guide. Donald T. Robertson, Director of Information Resources and Legislative Affairs, recapped issues under consideration during the most recent session of the General Assembly. Item 10: Unfinished /Old Business Z Charles Mauer, Attorney and Calvary Baptist Church member, requested that County churches be exempted from the stormwater management utility fee. H Item 11: New Business Regarding the issue of hunting on Sundays, Supervisor Darden moved that staff be directed to send a letter to the Governor requesting that Sunday hunting be an option for localities. The motion was adopted by a vote of (5- 0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. H Item 12: Informational Items County Administrator Seward called attention to the following informational items contained in the Board's agenda: Stormwater Management Utility Fee Notification Update; Winter Weather Response; EMS Billing Update for FY2013 and FY2014; Convenience Center Platform Steps and Trash Truck Tarps; Tractor Safety Signage Update; and, the Delinquent Tax Collection and Treasurer's Accountability Report H Item 13: Closed Meeting County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice regarding SPSA and under Section 2.2- 3711.A.5 concerning discuss regarding a prospective business where no previous announcement has been made of the business' interest in locating in the community. Supervisor Casteen 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 Alphin 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 Darden moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING C+ 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 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. 11 At 9:00 p.m., Chairman Bailey 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. • r Carey &6lis Storm, Clerk %1 A• Byron B. Bailey, ChairtSan