Loading...
03-19-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD SUPERVISORS HELD THE NINETEENTH DAY OF MARCH IN T YEAR TWO THOUSAND AND FIFTHTEEN AT 5:00 ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIG 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 concerning the appointment of specific appointees to County board/committees/authorities; pursuant to Section 2.2-3711(A)(3) regarding the disposition of publicly held real property where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body related to the Ennisdale property; pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel pertaining to probable litigation where such consultation in open meeting would adversely affect the litigating posture of this public body related to the Isle of Wight Volunteer Rescue Squad construction project; pursuant to Section 2.2-3711(A)(3) concerning discussion regarding publicly held real property where discussion in open session would adversely affect the bargaining position or negotiating strategy of the public body related to the Stoop property. Supervisor Bailey 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 Jefferson 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 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, Jefferson, Alphin and Casteen NAYS: 0 M11211� : 0�y 01 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. At 6:00 p.m., Supervisor Darden delivered the invocation. The Pledge of Allegiance to the Flag was conducted. Supervisor Bailey moved that the agenda be approved, as amended, to add under New Business a request from the Rushmere Volunteer Fire Department regarding relief from having to pay that Department's water bill for fire protection and training purposes and also under New Business a matter concerning direction to staff to have the proper authorities determine if the land at Bradby Park is a wetland, as requested by Supervisor Jefferson. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 2 CONSENT AGENDA A. Resolution - Recognition of Volunteer Recognition Week B. Commission on Aging - Newport District Appointment C. Amendments to the Commission on Aging By -Laws D. Carrollton Volunteer Fire Department ALS Interim Solution Update E. Resolution - Accept and Appropriate an Insurance Reimbursement from VACORP Risk Management for Replacement of a 2013 Dodge Charger F. Resolution - Authorize the Conveyance of Real Property to the Virginia Department of Transportation G. March 4, 2014 Special Meeting Minutes H. September 18, 2014 Regular Meeting Minutes I. September 19, 2014 Retreat Minutes J. October 16, 2014 Regular Meeting Minutes K. November 20, 2014 Regular Meeting Minutes L. December 18, 2014 Regular Meeting Minutes Supervisor Casteen moved that the Consent Agenda be adopted. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Casteen reported that the next joint Tourism meeting will be held in the County Administrator's office on Friday, March 201". Supervisor Darden reported that only routine matters had been discussed at the most recent meeting of the Hampton Roads Planning District Commission. 3 Chairman Alphin reported that Old Pointe Bank was selected as the Hampton Roads Transportation Accountability Commission's bank for the deposit of fuel and sales tax deposits. He shared the Commission's purpose to fund projects chosen by other organizations in the Hampton Roads region and to use such monies solely for new projects on new and existing highways, bridges and tunnels in the localities comprised of District 23 with priority being given to projects which are expected to provide the greatest impact on reducing congestion for the greatest number of citizens, APPOINTMENTS Supervisor Casteen moved that Bruce Cobb be recommended to the Circuit Court Judge representing the Smithfield District on the Board of Equalization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Russell J. Parrish be reappointed to serve on the HARC representing the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Robert F. Lockhart, Jr. be recommended to fill the unexpired term of Ed Easter representing the Newport District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Robert F. Lockhart, Jr. be recommended to the Circuit Court Judge representing the Newport District on the Board of Equalization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that James P. O'Briant be reappointed to serve on the Planning Commission representing the Windsor District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 4 Chairman Alphin moved that Zenobia Williams be appointed to the Commission on Aging representing the Carrsville District and replacing Ben Rideout on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Don Rosie be reappointed to serve on the Planning Commission representing the Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor. Bailey moved that Supervisor Darden be appointed to serve as a voting member on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Supervisor Casteen be appointed to serve as a voting member on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that County Administrator Seward be appointed to serve as a voting member on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that County Attorney Popovich be appointed as the Alternate on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with. Supervisors Alphin, Bailey, Casteen., Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. An update on the Route 460/Commonwealth project was provided to the Board by Angel Deem, Environmental Division Director, Virginia Department of Transportation. k The results of the County's biennial reassessment of real estate were presented by Steve Wampler, Wampler-Eanes. Gerald H. Gwaltney, Commissioner of the Revenue advised that the assessments would translate into flat revenue. The results and recommendations of the County's Public Utilities rate study were presented by Amy Santos, Associate Vice President, Arcadis US, Inc. Supervisor Casteen requested that the information presented in the presentation be included in the FYI section of the County Administrator's report. CITIZENS' COMMENTS Herb DeGroft of 15411 Mill Swamp Road spoke regarding onerous costs to the County and an associated plan to lower those costs, Anita Phelps formally introduced Patty Frances, the new President of Smart Beginnings. Michael Uzzle of 9471 Central Hill Road cautioned the Board to be careful of adopting new laws before determining if they are going to be helpful or not and to think about the amount of money being spent and how it will be paid back. Pete Green commented that increased population equates to increased needs for services. He spoke on the issue of the Norfolk Water Agreement and suggested the County might have a need for an attorney familiar with the review of contracts, specifically with regard to escape clauses. He presented a request that the County's taxes and fees be frozen January 1, 2015 levels for a period of three years until the County's debt is leveled out. T. Dale Scott, Windsor District, reiterated the desire of the Windsor Volunteer Fire Department for the County to sign the revised Facilities Use Agreement prepared by Attorney Crook. Debbie Bales of 115 Arabian Trail encouraged the Board to adopt the revised Facilities Use Agreement prepared by Attorney Crook and restore funding to the Carrollton and Windsor Volunteer Fire Departments. 6 Stan Clark of 21500 Twin Hill Lane addressed the former Board's rationale behind signing an agreement for water with Norfolk and relayed the need for increased economic development efforts in the County. PUBLIC HEARINGS Chairman Alphin called for a public hearing on the following: A. Sale of Old Isle of Wight Rescue Squad Building to the Town of Smithfield County Attorney Popovich advised that in accordance with an agreement that the County had reached with the Town of Smithfield and which has been recorded in the Clerk of Circuit Court's office, at such time as that facility ceases to be used for public purposes, the Town of Smithfield was given the option for purchasing the County's interest in the building, but not the land. He advised the County has come to an agreement with the Town of Smithfield that the County's interest in the building can. be purchased for a total value of $255,000. Chairman Alphin called for persons to speak in favor of or in opposition to the sale of the building. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey moved to authorize the Chairman to execute the Deed of Bargain and Sale of the old Isle of Wight Rescue Squad building to the Town of Smithfield. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: B. Ordinance Amending and Reenacting the Isle of Wight County Code By Amending and Reenacting Chapter 15. Taxation. By Enacting Article VII. Appeals of Real Estate Assessments 0 Charles B. Meek, 111, Assistant to the County Administrator, represented the proposed amendments related to the timeframe for appeals of real estate assessments to the Board of Equalization. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance. Gerald H. Gwaltney, Commissioner of the Revenue, spoke in opposition stating that the General Assembly permits Boards of Equalization to meet for one year; however, the amendment proposed will reduce the time of appeal to thirty days and the appeal deadline is over before the County's tab bills are mailed out. He suggested that the matter has not been properly advertised and, therefore, cannot be voted on by the Board at this meeting. Chairman Alphin closed the public hearing and called for comments from the Board. Responsive to whether or not the proposed amendments had been properly advertised, County Attorney Popovich advised that the ordinance had been properly advertised. Supervisor Casteen moved that the Ordinance be denied. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey, Casteen and Jefferson voting in favor of the motion and Supervisor Darden voting against the motion. The Board took a recess and reconvened in ten minutes. Supervisor Bailey moved that the public hearings on Item (C), Resolution Amending the Comprehensive Plan through Changes to the Text & Maps in Chapter 4 "Growth Management & Land Use" and Item (D), Ordinance Amending and Reenacting Various County Code Sections (Appendix B, Zoning: Article IV, Zoning & District Boundaries; Article V: Supplementary Use Regulations; Article X — Vehicle Parking Facilities) based on the ISLE 2040 Plan be combined due to their similarity of content. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion. Beverly H. Walkup, Director of Planning and Zoning, provided a PowerPoint presentation on the process undertaken to date on the proposed ISLE 2040 Plan, designed to manage growth, not discourage it. Richard Rudnicki, Assistant Director of Planning and Zoning, provided a PowerPoint presentation on the proposed ISLE 2040 Plan outlining County statistical information on median age, income and household values, acres of land and the results of a citizen survey. He elaborated on the reasons for change; associated water cost and usage; and areas of recommended enhancement and expansion and the results of an independent economic analysis. Ms. Walkup briefed the Board regarding the public meetings held and addressed recurring questions/comments that had been received regarding the Plan. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed matters, Betty Clark of Virginia Beach acknowledged the work of County Planners stating that the County is perceived by many as backward, behind the times and stagnant. She spoke in favor of moving the County progressively forward. Betsy Egan of Smithfield spoke in favor of moderate, managed growth and against excessive growth and overdevelopment. She encouraged the Board to deny the changes to the Comprehensive Plan, the map under discussion and the proposed Zoning Ordinance. She stated that the meetings held by staff do not constitute consultation with the public for the purpose of community planning. She stated that the proposed ISLE 2040 Plan violates the County's current Comprehensive Plan and that the trust of citizens has been broken. She commented that the Plan piece meals the northeast portion of the County and does not comprehensively address the Town of Windsor and its industrial park. She stated that studies are required. by law for changes to the Comp Plan, but have not been shared with the public. Todd Roshenberger of 103 Mariner's Point Lane in Smithfield, representing the Chamber of Commerce Board of Directors, voiced the Chamber's support for the ISLE 2040 Plan which will attract younger residents to the County; bring additional businesses in the County; and, expand the residential/commercial property tax base. 9 Victoria Hewlett of Creekside Drive in Smithfield advised that residents in the northern end of the County want a long-term plan that benefits the County at this time, as well as in the future. She stated the rural feel and low tax rate are the reason many people love the County and the residents in the northern end of the County deserve a quality of life that the proposed ISLE 2040 Plan will not provide. Todd Alan of Sunrise Bluff Lane in Smithfield spoke against living in a high density district and he urged the Board to vote against the ISLE 2040 Plan. Lance Large, a design consultant, on behalf of a Route 17 property owner, spoke in favor of the ISLE 2040 Plan because it demonstrates smart growth and preserves open space. Shelly Perry, Hardy District, spoke against the Plan because of its density. She stated County residents stand behind each other, help one another when needed and know each other by name. Branch Lawson, President, East West Partners, spoke in favor of the proposed Plan stating it minimizes sprawl and increases possibilities of commercial and workplace development within the proposed areas and allows the County to capitalize on its diverse strengths. Edmond Easter of Hideaway Lane spoke in support of the proposed Plan and staff's thorough examination of developing the Plan to ensure proper management of growth. Leah Dempsey of Smithfield spoke in support of the proposed Plan which provides short and long-term financial health and a tool for locating development where it best makes sense. She stated diversity in the tax base is necessary and the proposed plan represents a reasonable approach to preserve the rural nature of the majority of the County, while also providing citizens who choose to live in this district the amenities that bring value to the community. She stated this plan also allows for areas of higher density, allowing for more affordable housing options for those who want to live and work in the County. Erin Millican, a resident of Carrollton, spoke in favor of the growth and amenities offered in that area in the Plan. He stated as a development team member for East West Partners, much care was 10 taken to solicit input from all interested parties. He stated the proposed Plan has been thoughtfully put together to address the many needs of the County while growing it in a way that puts density where it has already been planned for. He stated this Plan minimizes sprawl and utilizes the County's land assets based on location; places density where it makes sense; and, preserves the rural character of the County. Mark Edwards, a resident of the County, spoke in favor of the Plan stating that he hopes that it will bring the much needed commercial amenities and conveniences to the right areas of the County and help to keep tax and water rates more reasonable. Christine Vacalotoes of Smithfield expressed opposition to the proposed Plan stating that she does not want to live in an area with high density development and its associated traffic, noise and crime. She spoke in favor of seeking a high quality, low-density development with focus on improving County schools and quality of life in the County. Herb DeGroft, Hardy District, showed a petition containing 508 names to the Chairman and noted his opposition to consideration for a special taxing district for the Newport District. He stated there are two new land use designations; however, Weldon Cooper only used urban residential data; and, he requested additional time with citizen input in a town hall meeting. Pat Clark of Carrollton recalled a number of past experiences involving cooperative County spirit. Stan Clark of Smithfield recommended that, in the future, the Board conduct a special meeting when public hearings involving controversial issues is set. He commented that the proposed Plan is flawed in numerous ways and based on incorrect and missing data that should have been included. Bob Swartz of Mill Swamp Road recommended that citizens be prepared to present facts to the Board. Paul Robbins of the Newport District spoke in opposition to the proposed Plan stating that beuracrats who do not live in the County are proposing policies that affects the lives of citizens who reside in the County without their input. 11 Liz Coburn of Carrollton commented that the majority of County residents are not in favor of the proposed Plan. She stated that many of the reasons she originally moved to Carrollton for are already disappearing and many of the new homes being built are located very close to its other. She noted concern with increased traffic lights; conjestion; crime; less open spaces; increased real estate taxes and costly water increases. She commented that high density will not stop at Carrollton and will eventually come afurther into the County to help pay for new infrastructure. Bill Coburn of Carrollton advised that the Isle of Wight Republican Committee unanimously opposes the proposed Plan which was developed as a solution to increased revenue needs resulting from overspending and a water deal based on faulty assumptions. He stated the latest Cooper Weldon estimates only show the County increasing by 2.6% over the last four years. Terry Kelpian of the Newport District spoke in opposition to the proposed Plan because it ignores the Route 258 Corridor and moves all development into the Newport District. He pointed to those citizens in attendance who have spoken against the Plan and noted that only developers have spoken in favor. He urged the Board to not take action on the Plan until further review can be done which includes development across the entire County. He stated the current traffic congestion in the Carrollton area needs to be addressed before adding anything more to that area. Bill Egan of Smithfield spoke against the proposed ISLE 2040 Plan stating that he believes it falls shorts of being a comprehensive plan because it does not consider the basis and the method used relative to the distribution of the population. Mary Cowal of Smithfield spoke in favor of that area remaining undeveloped. She stated soils in that area do not support dense housing and she asked that the rural area be preserved. Bill Hertford of Carrollton spoke in favor of reasonably planned growth based on accurate data. Dr. Garrett Edwards of Nike Park Road commented that the County needs to focus on bringing in new businesses. He stated soils in the Newport District are extremely wet and dense housing in the long 12 term will cause problems. He recommended that a referendum be held on larger matters such as this one. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey commented on the wetness of the soil around Nike Park Road and stated he did not think this area is developable. He suggested developing a plan with citizen input and that he cannot vote for the proposed Plan. He recommended that the matter be postponed until additional input is received. Supervisor Darden commented that she has learned to respect and trust staff. She noted three areas of concern for her are is it possible to add green space (conservation areas); can the density be tweaked to allow for commercial growth and expansion of the proposed development service district; and, how can the plan to develop Windsor work in conjunction with the proposed Plan. She commented that other types of housing are needed in the County and the proposed Plan does bring the type of mix needed. She recommended that staff could look at her suggestions and come back to the Board in the near future. Supervisor Jefferson stated that he supports the proposed Plan commenting that the Newport District is a service district and expected to grow. He noted that substantial investments have been made by the County in that district and infrastructure is in place to support this plan and the County has a chance to receive a return on its investments. Supervisor Casteen commented that he is a proponent of managed growth as it occurs. He stated additional input and analysis is needed, as well as additional time to discuss and tweak the proposed Plan so that it can be one that all can agree on. Chairman Alphin commended staff for countless hours working on the proposed Plan. He stated that citizens also have a right to have a voice in what happens in their community. He noted that some of the concerns noted tonight need to be addressed before a vote is taken. Chairman Alphin moved, but withdrew his motion following discussion by the Board, that staff return in 60 days to advise the Board as to the status of their review of the ISLE 2040 Plan in 13 addressing Supervisor Darden's concerns relative to any additional citizen input staff has received up to that point. Chairman Alphin then moved that staff be directed to provide an update to the Board in 60 days at its regular meeting of May 21, 2015 to provide an update as to staff's evaluation to address Supervisor Darden's concerns (inclusion of conservation areas, staff to start on the Windsor plan and, if possible, tweak the density numbers to what the Board wants while still satisfying the number of people needed and additional citizen input) and Supervisor Bailey's concerns (Nike Park Road and additional citizen input) and any additional citizen input that may be obtained between now and that time). The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The Board took a five-minute recess. 'COUNTY ADMINISTRATOR'S REPORT Chairman Alphin moved that a special meeting be set for Wednesday, April 1, 2015 at 9:00 a.m. in the Board Room to present the proposed Operating and Capital Budget and related Ordinance/resolutions and that the following matters contained in the County Administrator's section of the agenda tonight be moved to that meeting for consideration at that time: Item (A), Resolution to Adopt Chapter 1; Item (B), Legislative Update; Item (D), Resolution to Transfer Available FY 14 Fund Balance Roll Over Funds for One-time Capital. Purposes; and, a public hearing associated with the Resolution to Authorize the Conveyance of Property to the VDOT located in Carrsville relative to VDOT's new bridge construction project which was contained and subsequently adopted under the Consent Agenda tonight. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, 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 for the Board's information: Tax Levies & Collections as of February 2015; Cash Position; Statement of the Treasurer's Accountability; Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; Isle of Wight Sheriff's Monthly Activity Report/February 2015; Isle of Wight Website Statistics/February 2015; Planning 14 Commission 2014 Annual Report; Board of Zoning Appeals 2014 Annual Report; Wetlands Board 2014 Annual Report; Solid Waste Division Litter Pickup; HRPDC Growth Trends in Hampton Roads Presentation; VOPEX 2015 Report; and Board Committee Meetings of the Isle of Wight/Town of Smithfield Intergovernmental Relations Committee Meeting of February 25, 2015, the Parks and Recreation Committee Meeting of March 4, 2015 and the Public Safety Committee Meeting of March 6, 2015. UNFINISHED/OLD BUSINESS There was no unfinished/old business offered for discussion by the Board. NEW BUSINESS At the request of Supervisor Jefferson, County Administrator Seward offered to bring back a report to the Board regarding Rushmere Volunteer Fire Department's request for relief of water bills (with no negative impact on that Department's budget) at the Board's April 16, 2015 regular meeting. At the request of Supervisor Jefferson, County Administrator Seward offered to bring back a report to the Board at its April 16, 2015 regular meeting regarding staff's efforts to determine if the land identified as Bradby Park is located on wetlands and whether or not it can be used as a park. At the suggestion of Supervisor Darden, County Administrator Seward offered to contact Chris Pomeroy, Esq. regarding his availability to make a special presentation to the Board regarding the Western Tidewater Water Authority's background at a future meeting of the Board. At 10:55 p.m., the Chairman declared the meeting adjourned. 1p1hin hairman rarey Mjlsstor, Clerk 15