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10-16-2014 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF OCTOBER 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 Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., the Chairman called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia regarding the discussion regarding specific appointees to County boards/committees/authorities; under Section 2.2-3711(A)(7) regarding consultation with legal counsel employed by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to the Smithfield Town Council's direction to the Town Planning Commission to examine potential annexation areas within the County; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel pertaining to probable litigation where such consultation in open meeting would adversely affect the litigating posture of the public body related to the Calvary Baptist Church's refusal to pay its stormwater fee; pursuant to Section 2.2-3711(A)(5) concerning discussion concerning an existing business or in industry where no previous announcement has been made of the business or industry's interest in expanding its facilities in the County; pursuant to Section 2.2-3711(A)(7) regarding consultation by the legal counsel employed by the public body regarding specific legal matters requiring the provision of legal advice by such counsel related to the Isle of Wight Volunteer Rescue Squad's project. Supervisor Alphin moved that the Board enter the closed meeting for the reasons stated. 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. Supervisor Alphin moved that the Board return to open meeting. 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. Chairman Bailey moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WI -AREAS, 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. VC)TF. AYES: Bailey, Darden, Jefferson, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. Supervisor Darden delivered the invocation. ri The Pledge of Allegiance to the Flag was conducted. I/I APPROVAL OF AGENDA Supervisor Alphin moved that the agenda be approved 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. CONSENT AGENDA A. Resolution to Accept and Appropriate Division of Motor Vehicles (DMV) Highway Safety Project Grant Funds B. Resolution to Accept and Appropriate Funds from Isle of Wight Volunteer Rescue Squad for the Purchase of an Ambulance C. Resolution to Accept and Appropriate Funding from the Virginia Litter Prevention and Recycling Grant D. Resolution to Accept and Appropriate Toughbook Mobil Data Terminals to the Isle of Wight Sheriff's Office E. Resolution to Accept and Appropriate Grant Funding from the E-911 Services Board for Regional Online Training and PSAP CAD Projects F. Motion to Authorize Chairman to Execute Sanitary Sewer Order by Consent G. Motion to Authorize the County Administrator to Sign Fair Entertainment Contracts for FY2015-16 H. March 20, 2014 Regular Meeting Minutes I. April 3, 2014 Budget and Stormwater Management Fee Work Session Minutes J. April 17, 2014 Regular Meeting Minutes Supervisor Casteen moved that the Consent Agenda be approved 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. REGIONAL REPORTS Supervisor Jefferson reported on topics of discussion at the most recent meeting of the Western Tidewater Regional Jail Authority members. Supervisor Casteen reported on topics of discussion at the most recent meeting of the Western Tidewater Water Authority. APPOINTMENTS Supervisor Casteen moved that Barbara Jacobs Asher be appointed to serve as the Smithfield representative on the Events Committee. 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. Supervisor Alphin moved that Blake James be appointed to serve as the Isle of Wight representative on the Western Tidewater Community Services Board. 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. Supervisor Darden moved that Mary Ellen Hammond be appointed to represent the Windsor District on the Commission on Aging. 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. Supervisor Jefferson moved that Tammy Cross be appointed to serve as the Isle of Wight representative on the Western Tidewater Community Services Board. 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. Supervisor Jefferson moved that Joseph Spratley, Jr. be appointed to serve as the Isle of Wight representative on the Senior Services of Southeastern Virginia. 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. SPECIAL PRESENTATION/APPEARANCES County Attorney Popovich formally introduced Brock Maust, the County's new Assistant County Attorney. Mark W. Furlo, Director of Parks and Recreation, reported on the 2014 Isle of Wight County Fair. School Superintendent Perera briefed the Board regarding "before" and "after" school system capital projects and the County's academic ranking in comparison to other region divisions. Susan Clizbe, Mega Projects Communications Management, provided an update on the Route 460 Project. Charles Meek, Assistant to the County Administrator, presented the FY2014- 15 County Profile & Statistical Digest. 4 CITIZENS' COMMENTS William Johnson of Windsor requested that VDOT be required by the County to provide, as soon as possible, a drawing of all five (5) proposed alternatives for the Route 460 project depicting all interchanges and lanes, intersections, bridges, stop lights, etc., and should this information not be available from VDOT, that the County provide such information via a PowerPoint presentation at a meeting at one (1) of the County's school facilities and that this be accomplished prior to the public hearing on the matter on October 27, 2014. Michael Uzzle of Uzzle's Church Road requested a response to his list of concerns he previously distributed to the Board. Sarah Hunter of Carrollton spoke in favor of the Carrollton Volunteer Fire Department maintaining its independence as a volunteer fire department in the County. She encouraged the Board to resolve the conflict between that Department and the County with respect to a Facilities Use Agreement. Herb DeGroft of Mill Swamp Road addressed the Board regarding County demographics with respect to school facilities. John Beasley of Battery Park Road requested that the Board meet with those County volunteer organizations which have not yet signed the Facilities Use Agreement and address their concerns. Fred Mitchell, member of the Carrollton Volunteer Fire Department, voiced his concern that the media has become involved in the Facilities Use Agreement issue between the Carrollton Volunteer Fire Department and the County. He reminded the Board that he had requested the Board to review not charging Agency 806 EMS billing and he asked if it is ethical for the County to withhold funding from the Carrollton Volunteer Fire Department. John Smithwick of the Newport District spoke in opposition to a Facilities Use Agreement between the County and the Carrollton Volunteer Fire Department. Debbie Bales, United We Stand, spoke in opposition to any County volunteer organization having to sign a Facilities Use Agreement with the County. COUNTY ATTORNEY'S REPORT Responsive to a letter received from the Commonwealth Attorney dated September 23, 2014 indicating his intention to resign his position effective November 30, 2014 as a result of his appointment as a Circuit Court Judge, County Attorney Popovich recommended that the Board petition the Circuit for a determination that a special election is not necessary or required to fill 5 the Commonwealth Attorney's vacancy and that the position be filled during the general election set for next November. Chairman Bailey moved that the following Resolution be adopted: RESOLUTION TO PETITION THE ISLE OF WIGHT CIRCUIT COURT FOR DETERMINATION OF NEED FOR A SPECIAL ELECTION TO FILL AN UPCOMING CONSTITUTIONAL OFFICE VACANCY WHEREAS, on September 23, 2014, L. Wayne Farmer, the Commonwealth's Attorney for Isle of Wight County, Virginia, submitted his written intention to resign his position as Commonwealth's Attorney, effective November 30, 2014; and WHEREAS, Virginia Code § 24.2-228.1 states that "[t]he governing body of the county or city in which the vacancy occurs shall, within 15 days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy.... Upon receipt of written notification by an officer or officer -elect of his resignation as of a stated date, the governing body may immediately petition the circuit court to issue a writ of election..."; and WHEREAS, pursuant to Virginia Code § 24.2-507, a special election cannot be held on November 3, 2014; and WHEREAS, the windows for a special election I which it would not be legally or logistically difficult or impossible to hold a special election are the Tuesdays (i) beginning December 23, 2014 and ending April 14, 2015 and (ii) beginning July 15, 2015 and ending September 8, 2015; and WHEREAS, even an early date from the above referenced dates would result in two elections for the same position within 11 months of each other at an expense to Isle of Wight taxpayers that is estimated by the General Registrar of Isle of Wight County to be between $15,000 and $18,000; and WHEREAS, the Board of Supervisors desires to petition the Circuit Court of the County of Isle of Wight for entry of an Order determining that no special election shall be held and that the interim Commonwealth's Attorney appointed pursuant to Virginia Code § 24.2-228.1(B) shall serve for the remainder of the current term ending December 31, 2015 NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors, that the County Attorney is hereby authorized to petition the Circuit Court of Isle of Wight County, Virginia for the entry of an Order determining that no special election shall be held and that the interim Commonwealth's Attorney appointed pursuant to Virginia Code § 24.2-228.1(B) serve for the remainder of the current term ending December 31, 2014. 6 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. County Attorney Popovich advised the Board that East West Partners has entered into a real estate purchase agreement with the current owners of the Benns Grant project and changes requested to the payment plan have been requested. Branch Lawson briefed the Board on the anticipated rate of return on the sale of the properties and the payment of proffers. Supervisor Darden moved that the Chairman and/or County Attorney be authorized to execute Any and All Documents to Effectuate Changes to the Payment Agreement and Applicable Deed of Trust for Financing Purposes Related to the Benns Grant Project, Upon Review and Approval of the County Attorney. 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. COUNTY ADMINISTRATOR'S REPORT Following a break, Judy H. Winslow, Director of Tourism, presented the results of the 2014 Citizen Survey. Charles Meek, Assistant to the County Administrator, provided a recap of the Board's Retreat held in September and Richard Rudnicki, Assistant Director of Planning and Zoning, provided a briefing on the County's Growth Plan. Responsive to Supervisor Darden, Branch Lawson, East West Partners, recommended a market oriented approach with special taxing districts, beautification projects and improvements to the County's major corridors. Supervisor Casteen moved that the Board support the proposed Growth Plan and direct that it be referred to the Planning Commission for its consideration and that staff be directed to do all things necessary to proceed with the Plan in a timely manner. 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. Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented a Resolution Establishing Isle of Wight County's Legislative Priorities for the 2015 Session of the General Assembly for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: V1 RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES FOR THE 2015 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight has specific interest in matters dealing generally with local governments, as well as with matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight endorses the attached legislative proposals for the 2015 General Assembly Session and directs that both this resolution and the legislative priorities be forwarded to Isle of Wight County's General Assembly Delegation and that staff work with and assist the Delegation as appropriate. 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. The Board was briefed by County Administrator Seward relative to steps under way relative to SPSA Membership Use and Support Agreements; terms for new membership agreements; and, the development of an RFP to solicit solid waste disposal options for the County. Frank Haltom, Director of General Services, briefed the Board regarding an impact to the Carrsville convenience center resulting from VDOT's property acquisition in association with the replacement of the Carrsville Bridge. Supervisor Alphin moved that staff be authorized to negotiate with VDOT to provide for the necessary improvements to the Carrsville convenience center due to the bridge replacement project and to authorize the County Administrator to execute all necessary documents, agreements and contracts. 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. Mary Beth Johnson, Director of Human Resources, briefed the Board regarding a proposed amendments to Chapter l: Personnel, Article IV, Section 4.8 Article V, Section 5.0 of the County Policy Manual. Supervisor Alphin moved that the following Resolution be adopted: N. RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE IV, SECTIONS 4.8 AND ARTICLE V, SECTIONS 5.0 AND 5.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines for the definition of the types of employees, the maximum hours that may be worked by regular, part-time employees, the duration of temporary part-time employment, and the increment(s) in which leave may be charged for absences, as part of Chapter 1: Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the County Policy Manual; and, WHEREAS, the Board of Supervisors Personnel, Article IV, Section 4.8 and Article County Policy Manual to provide for the scheduling and monitoring of hours worked across County departments. desires to amend Chapter 1: V, Sections 5.0 and 5.3 of the consistent administration of and leave accrual and usage NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the County Policy Manual is hereby amended as follows: Chapter l: Personnel ARTICLE IV Conditions of Employment (Revised November 6, 2000, April 7, 2005, December 15, 2005, February 2, 2006, October 16, 2006, March 1, 2007, June 14, 2007, October 16, 2014) Section 4.8 (Revised February 2, 2006, October 16, 2014) Types of Employees Regular Full -Time Employees Those employees who are hired for an indefinite period of time without a stated limitation as to length of service and who are employed to work forty (40) hours per week or its equivalency. Regular Part -Time Employees Those part-time employees who are hired for an indefinite period of time, in excess of six (6) months, without a stated limitation as to length of service (other than continuation of program, position need and/or funding) and who are employed to work a regular schedule of twenty-nine (29) hours per week or less. 9 Temporary Full -Time Employees Those employees who are hired for a stated length of service, season or project and who are employed to work forty (40) hours per week or its equivalency. Temporary Part -Time Employ Those part-time employees who are hired for less than erre yea six (6) months with a stated length of service, season or project and who are employed to work thirty-nine 39 hours per week or less. Grant -Funded Employ Those employees who are hired for a stated length of service, season or project and who are employed to work the number of hours stated in the grant application. Grant -funded personnel are not eligible to participate in the County's monetary fringe benefits unless specified and funded through the grant. ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014) Section 5.0 (Revised September 1, 2005, October 16, 2014) Annual Leave All regular full-time employees of Isle of Wight County shall accrue annual leave based on an eight (8) hour work day. All regular, part-time employees with regularly scheduled hours between twenty (20)-30 to twenty-nine (29) per week shall accrue annual leave at a rate of four (4) hours per month. Leave shall be charged to the nearest quarter-hour increment. Eligible employees separating from County employment shall be compensated for unused annual leave in the subsequent pay period after termination. Section 5.3 (Revised December 19, 2013; September 1, 2005; October 16, 2014) 4irk T.Pnve Sick leave is defined as leave with pay granted for personal illness of the employee or an immediate family member and for medical and 10 dental appointments of the employee or immediate family member. For purposes of this sick leave policy, the immediate family of an employee is defined as: natural parents, adoptive parents, foster parents, step-parents; spouse; natural, adopted or foster children; brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in- law, son-in-law, daughter-in-law; grandchildren and grandparents. A physician's certification/statement may be requested to validate sick leave when there is a pattern of absenteeism, if there is an indication that the employee's physical condition is adversely affecting performance, or for an absence of three (3) or more consecutive days. Leave usage will be charged inha4-f-quarter-hour increments. Accrual Rates Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement System (VRS) members: Sick leave is accrued at a rate of eight (8) hours per month (four (4) hours per pay period worked). Employees must work more than half of the workdays per pay period in order to accrue sick leave for that pay period. Sick leave balances may be carried over from year to year and shall be unlimited. Regular, full-time employees who are Hybrid Virginia Retirement System (VRS) members: Six (6) days of sick leave is front -loaded on an employee's first work day, subject to proration for service less than the full fiscal year. Employees may draw from their credited sick leave following the completion of one day's service. On January I" each year, employees in this category will accrue six (6) additional days of sick leave earning a total of twelve (12) days of sick leave each fiscal year. On June 30th each year, a payout of fifty percent (50%) of the sick leave balance will be granted as a wellness incentive. In the event of termination prior to the completion of the fiscal year, salary for any leave which was taken in excess of days actually earned will be withheld from the final payroll check. Regular (non -temporary) part-time employees who work a schedule of 20 — 29 hours per week will accrue sick leave at a rate of four (4) hours per month. 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. Andres Clontz, Interim Director of Emergency Services, provided a PowerPoint presentation on the progression of the Fire & Rescue Facility Use Agreement which included general background information; the reasons for the Agreement; what the Agreement provides for; and, clarification of expressed concerns. Her report was concluded advising that to date, five of the seven volunteer fire and rescue organizations have signed the Agreement. County Administrator Seward requested the Board to designate a voting delegate and an alternate for the upcoming VACo Annual Business Meeting on November 11, 2015. Supervisor Casteen moved that Supervisor Darden be designated as the County's voting delegate and Supervisor Jefferson as the Alternate at the VACo Annual Business Meeting. 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. Amy Ring, Interim Director of Economic Development, provided a PowerPoint presentation on the proposed Atlantic Coast natural gas pipeline project outlining its construction schedule and any potential impacts to the County. She advised staff recommends a realignment of the route in order to serve the Internodal Park and the Norfolk South property and surrounding areas. Supervisor Jefferson moved that the County Administrator be authorized to sign a letter to Dominion Resources requesting a realignment of the proposed Atlantic Coast Pipeline route to serve the Shirley T. Holland Intermodal Park and the Norfolk South property, as well as surrounding areas. 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. The following informational items contained in the agenda were highlighted by County Administrator Seward: Tax Levies & Collections as of September 2014/Cash Position/Treasurer's Accountability Statement; VDOT Route 460 Environmental Impact Statement Public Hearing; Tyler's Beach Dredging Update; Town of Windsor Water Bill Update; Sheriff's Monthly Activity Report; County Website Statistics; Charter Cable Rate Adjustment; Social Services Monthly Report; Letter from Chairman to Western Tidewater Regional Jail Superintendent Regarding Inmate Workforce Assistance; and, a Stormwater Management Fee Credit Manual and Application. OLD BUSINESS Chairman Bailey, in recognition of Breast Cancer Awareness Month, encouraged all to be tested and contribute to the American Cancer Society. Judy H. Winslow, Director of Tourism, addressed the Board regarding an inaccurate article which recently appeared in a local newspaper that the County has turned over the Farmer's Market to the Town of Smithfield, the Director of Tourism briefed the Board relative to her discussions with the Town of Smithfield regarding placing funding for the Farmer's Market under the Town's budget as opposed to the County. She advised that the Smithfield Town Council has voted to do this in an effort to make it more 12 administratively effective and more convenient for the Farmer's Market Manager, however, the Board of Supervisors has not voted to do this. 11 At 9:30 p.m., the Chairman declared the meeting adjourned. ■ /11 l Carey lls St m, Clerk 13