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.
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The Pledge of Allegiance to the Flag was conducted.
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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.
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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
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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.
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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:
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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.
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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
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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
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administratively effective and more convenient for the Farmer's Market
Manager, however, the Board of Supervisors has not voted to do this.
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At 9:30 p.m., the Chairman declared the meeting adjourned.
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l
Carey lls St m, Clerk
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