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07-16-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Rex W. Alphin, Chairman Delores C. Darden, Vice -Chairman Rudolph Jefferson Alan E. Casteen Byron B. Bailey Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk Chairman Alphin called the meeting to order at 5:00 p.m. Denise Tynes, School Board Chairman, introduced Dr. James Thorton, the new Superintendent of Isle of Wight County Schools. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning discussion regarding the appointment of specific appointees to County boards/committees/authorities; pursuant to Section 2.2-3711(A)(1) regarding discussion of the performance of two (2) specific public appointees; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to probable litigation regarding the Carrollton and Windsor Volunteer Fire Departments where such consultation in open meeting would adversely affect the negotiating posture of the public body. 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 Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. At 6:00 p.m., Supervisor Casteen moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey 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: Alphin, Darden, Jefferson, Casteen and Bailey NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 H Chairman Alphin delivered the invocation and led the Pledge of Allegiance to the Flag. APPROVAL OF AGENDA Supervisor Jefferson moved that the agenda be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA Supervisor Darden moved that the following Consent Agenda be adopted as presented: A. June 3, 2015 Continued Meeting Minutes 2 B. June 18, 2015 Regular Meeting Minutes The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Darden reported that the Hampton Roads Planning District Commission had received a report relative to southeastern Virginia's regional solid waste management plan and housing market for Hampton Roads. Supervisor Darden briefed the Board relative to a report received from the Commonwealth Transportation Board at the most recent meeting of the Hampton Roads Transportation Planning Organization's concerning the proposed Route 460 widening project. She advised that reports on the state of transportation, the condition of existing bridges and the new funding mechanisms for new highway construction were also received. Chairman Alphin reported that an Executive Director and new Chairman of the Hampton Roads Transportation Accountability Commission has been hired. APPOINTMENTS Supervisor Casteen moved that Jeff Terwilliger, Chief of Emergency Services, be appointed to serve on the Tidewater Emergency Medical Services Board. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Elaine Butler be reappointed to serve on the Board of Building Appeals representing the Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Patricia Sowell be reappointed to serve on the Paul D. Camp Community College Board. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Hazel Edwards be reappointed to serve on the Southeastern Tidewater Opportunity Project. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. 91 Supervisor Darden moved that Marian Neighbors be reappointed to serve on the Blackwater Regional Library Board. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Glyn T. Willis be recommended to the Circuit Court Judge to represent the Windsor District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCE Chairman Alphin formally recognized the members of the County Sesquicentennial Committee and Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO HONOR THE EFFORTS OF THE ISLE OF WIGHT COUNTY SESQUICENTENNIAL COMMITTEE WHEREAS, the Isle of Wight County Sesquicentennial Committee was established in 2008 for the purpose of working with the Virginia Sesquicentennial of the American Civil War Commission, the comprehensive statewide initiative, to plan for and commemorate this significant milestone in our state and national history: the 150th anniversary of Virginia's participation in the American Civil War; and, WHEREAS, in 2014, the Sesquicentennial Committee developed a multi- faceted, multi -day event in downtown Smithfield to commemorate the Battle of Smithfield by engaging visitors at various locations through tours, interaction with living historians, educational programming, a new Civil War exhibit at the Isle of Wight County Museum, lectures and more; and, WHEREAS, the Committee worked with the State Commission to utilize these resources: the Commission's 53 -foot tractor -trailer "museum on wheels:" Civil War 150 HistoryMobile; the Virginia Historical Society's panel exhibit: An American Turning Point: The Civil War in Virginia; and the Library of Virginia's document digitization and access program: Civil War 150 Legacy Project; and, WHEREAS, little was known about the Battle of Smithfield until the Sesquicentennial Committee conducted extensive research and published an in-depth booklet about the battle and then developed an educational program with an electronic educational package and study guide for students; and, WHEREAS, the Committee coordinated with the Isle of Wight County Division of Historic Resources and the Isle of Wight County Museum to host eighty-eight separate events to commemorate the Sesquicentennial; and, 4 WHEREAS, the Committee was one of thirteen committees across the Commonwealth honored by the Commission with a Sesquicentennial Leadership Commendation Award for its support in furthering the goals of the Commission. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia, recognizes and honors the efforts of the citizens and staff who served on the Isle of Wight County Sesquicentennial Committee. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Jerry Key, Franklin Residency, updated the Board on completed VDOT maintenance and repair projects. MINVANOWWOLGILVAILVAINN Albert Burckard of Carrollton offered his apology at any offense taken by the Board and Planning Commission members responsive to signs being held up by citizens during recent meetings of these bodies. Dick Grice of Smithfield requested that Item 10(c), 10(d) and Item (11) on the agenda be tabled and he recommended that both parties should agree to enter into binding arbitration with respect to Item (11). He commented on the need for a review of the market analysis with respect to the findings associated with the County's Pay and Classification Study which ignored other adjoining counties' wage structures such as Surry and Southampton and suggested instead that the County should be competing with the Cities of Chesapeake and Norfolk and the Counties of Williamsburg and York. Glen Musick spoke against any additional County funds being spent in relation to a lawsuit between the County and the Carrollton and Windsor Volunteer Fire Departments and their unsigned Facilities Use Agreement. Sam Cratch of the Newport District commented that funding for the Carrollton and Windsor Volunteer Fire Departments are taxpayer funds. Gwendalyn Sykes, 6090 Old Stage Highway, addressed the Board regarding code interpretation issues she is experiencing with the building of a detached garage. Jane March of Carrsville commented that citizens feel as if they are having their right to decide on County issues taken away. 5 Victoria Hulick of Creek Side Drive asked that funding to be restored to the Carrollton Volunteer Fire Department. William McCarthy of Carrollton addressed the lack of funding by the County to the Carrollton and Windsor Volunteer Fire departments due to unsigned Facility Use Agreements and he requested restored funding. Sarah Stephenson of Zuni requested that funds be restored immediately for the Carrollton and Windsor Volunteer Fire departments. Keith Johnson, Carrollton Volunteer Fire Department member, notified the Board of a lack of trust towards the Board from that Department's members. He stated these members have been disrespected, ignored and treated unfairly and withholding funding has put them at risk with regard to properly maintaining equipment and serving the community. He corrected a false statement that the Department is using County funds to pay for its legal fees and he requested $254,000 in funding be restored immediately or a lawsuit will be initiated. Cynthia O'Reilly recalled a fire which had occurred at her residence and requested funding to be restored to the Carrollton and Windsor Volunteer Fire Departments. Walter Bernacki, Windsor Volunteer Fire Department member, asked the Board to restore funding to that Department so that it may continue to operate in a safe manner. Durwood Scott of Windsor requested the Board to release funding to the Windsor Volunteer Fire Department in order that unnecessary funds for legal and court costs can be avoided. Jesse Gwaltney of Windsor acknowledged the County Administrator and staff for their leadership abilities in the absence of same from the Board. Dale Scott, member of the Windsor Volunteer Fire Department, encouraged the Board to release the operating funds for the Carrollton and Windsor Volunteer Fire Departments noting that these Departments continue to serve this County with the same dedication and professionalism in the absence of funding last year. Fred Mitchell, member of the Carrollton Volunteer Fire Department, submitted a petition containing the signatures of 270 citizens in support of the Carrollton and Windsor Volunteer Fire Departments. He commented that the Facilities Use Agreement is a mandate rather than an agreement and he requested funding be restored to those departments. Stephen Test, Law Firm of Williams Mullins, attorney for the Windsor Volunteer Fire Department, asked for a display of hands from citizens in the R audience in support of the volunteer fire fighters. He noted these volunteers have displayed a no -quit attitude and will continue to do so even though funding is being withheld by the County. He identified the Memorandum of Understanding as being the issue with the Windsor Volunteer Fire Department and it is his opinion that the change with the Facilities Use Agreement appears to him to be a breach of that contract. He asked the Board to reconsider its position and to ignore staff's recommendation. He stated the funds have been allocated to the Windsor Volunteer Fire Department and it is a mandate of the County that all departments be treated equally. He stated trust is at stake with this issue and many people have lost that trust with the Board. He advised that the Windsor Volunteer Fire Department desires to be treated fairly and equally with other volunteer fire stations in the County and wants the immediate release of all funds allocated to that Department. He requested the Board to reconsider its position on this issue and advised that if funding is not restored immediately, the Windsor Volunteer Fire Department will have no choice but to instigate litigation against the County. Joel Acree, Chief of the Carrollton Volunteer Fire Department, requested the Board to reinstate funding for the fire departments and work with them towards a resolution. Herb DeGroft of Mill Swamp Road requested the Board to fund the fire departments and continue to work towards a resolution with respect to the unsigned Facilities Use Agreement. He further requested that the Board take an official vote to negotiate a less onerous payment schedule with the Western Tidewater Water Authority. Jim Henderson of Carrollton requested the Board to reverse its vote taken on February 11, 2015 with respect to the Route 460 bypass route. T. Grayson Dean, member of the Carrollton Volunteer Fire Department, commented that choices made dictate the life that is lived and asked how the Board will lead its life if County citizens are denied public safety. Justin Skyler, member of the Carrollton Volunteer Fire Department, respectfully requested that funding for that Department be restored. Chandler Parker, member of the Carrollton Volunteer Fire Department, requested restored funding for that Department for the sake of continued operations. Daniel Vinyard, member of the Carrollton Volunteer Fire Department, requested restored funding for that Department. Rick Gillerlain of the Newport District requested restored funding for the Carrollton and Windsor Volunteer Fire Department and continued dialogue regarding the Facilities Use Agreement. 7 Lt. Tyler Harrison, Carrollton Volunteer Fire Department, requested restored funding for the Carrollton and Windsor Volunteer Fire Departments. Lt. Darryl Caldwell, Carrollton Volunteer Fire Department, requested restored funding for that department so that it can continue a high level of training and proper equipment to ensure the highest level of care. Scott Speers, member of the Carrollton Volunteer Fire Department, asked the Board to work towards a resolution of the issues associated with the Facilities Use Agreement. Dane Scott, member of the Windsor Volunteer Fire Department, asked the Board to release funding to that Department. Shelley Perry of Melissa Drive addressed her support of a Facilities Use Agreement with the County's volunteer fire and rescue organizations and spoke against funds being withheld from its volunteer organizations who are dedicating their time for free. Betsy Egan spoke regarding the unsigned Facilities Use Agreement between the County and the Carrollton and Windsor Volunteer Fire Departments and she asked the Board to reconsider Mayor Richardson's plan regarding the Route 460 Bypass. Chairman Alphin requested County Administrator Seward to investigate Ms. Sykes' concerns regarding code interpretations. Chairman Alphin declared a break. PUBLIC HEARINGS Chairman Alphin called for a public hearing on the following: A. Conditional Use Permit for 17541 Scott's Factory Road to Allow for Custom Manufacturing on the Site Trenton S. Blowe, Planner, presented the Condition Use Permit application. Chairman Alphin called for persons to speak in favor of or in opposition to the Conditional Use Permit. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. N. Supervisor Darden moved that the CUP be approved as conditioned by the Planning Commission with the additional condition of a six-month inspection for all buildings to be brought up to code. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: B. Conditional Use Permit to Allow a Car Wash on Parcel 9C-2 of Eagle Harbor Subdivision, Eagle Harbor Parkway Mr. Blowe represented the Conditional Use Permit application. Chairman Alphin called for persons to speak in favor of or in opposition to the Conditional Use Permit. Albert Burkhardt on behalf of the Carrollton Civic League spoke in support of the Conditional Use Permit. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the CUP be approved as conditioned by staff and the Planning Commission. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. At the suggestion of Chairman Alphin, it was the consensus of the Board that the public hearings on the Resolution Approving the Amendment of the Comprehensive Plan to Provide for Land Use Changes in Accordance with the ISLE 2040 Plan and the Amendment and Reenactment of Isle of Wight County Code to Provide for Revisions Based on the ISLE 2040 Plan be heard simultaneously. County Administrator Seward and Richard Rudnicki, Assistant Director of Planning and Zoning, provided a PowerPoint presentation outlining the Plan's history to date, the reasons associated with its development, changes, the pros and cons associated with its adoption or denial and, staff's recommendation that the Board adopt the Plan as recommended by the Planning Commission and staff. Chairman Alphin called for those to speak in favor of or in opposition. Dick Grice of Smithfield commented that the Plan does not provide a near- term solution to the County's ongoing water expenditure challenge. He recommended deferral of the waterline, sewer and water tank expenditure in Gatling Pointe until the Nike Park Road Development Service District 9 expansion has active developers ready to participate in those infrastructure costs and that funds be redirected to water and gas for the Shirley T. Holland Industrial Park for economic growth. He further recommended that the County enter into a ten-year agreement with the Town of Smithfield and, in the interim, discuss with the Town of Smithfield its participation in the agreement. Victoria Hulick of Creek Side Drive commented that the proposed Plan allows for too much growth. She recommended developing a better relationship with the Town of Smithfield and retention of the rural atmosphere. She advised that the public feels they are not being heard and recommended a plan that can be supported by all. William McCarthy of Carrollton endorsed the plan proposed by Dick Grice. He stated the Board is not listening to what the community wants and he recommended that time be taken to explain the Plan. Jim Henderson of Carrollton commented that he does not feel adequate time has been allocated towards the development of the proposed Plan and he recommended denial of the Plan at this time. He expressed concern with inflated projections of growth and water; wetlands issues and an increase in taxes without bringing in economic development. He recommended full funding of the Economic Development Department and stated that water needs to be brought to the pad -ready site at the Shirley T. Holland Industrial Park. Lawrence Pitt of Smithfield commented the proposed Plan shifts development cost from developers to taxpayers and developers have traditionally paid the cost of new utility infrastructure. He stated under the proposed Plan, the County must borrow monies to fund the $12 million dollar cost to extend utility infrastructure into the expanded Newport Service District and water and sewer already exist to serve Gatling Pointe. He stated the County already has an abundance of approved subdivisions and growth or lack of is market driven and fluctuates with the rise and fall of the economy which is supported by the creation of jobs. He recommended instead that funds be directed to the Shirley T. Holland Industrial Park which will attract industry, provide jobs, generate income and create a demand for housing. He stated the perception is that citizens are not being listened to or their involvement welcomed which has caused citizens to lose respect and confidence in the Plan. He stated consultants promoting the Plan are debunked by other consultant reports obtained by the public; the population numbers are inflated, changed or not accurately explained; and, legal action is threatened. He stated the cost of infrastructure is in conflict with County generated documents and there is a pending lawsuit against the Plan and he requested that it be reviewed and considered at a later point in time. Herb DeGroft of Smithfield stated the Resolution and Plan were publicly advertised as two separate public hearings and in combining them, the public notice has been violated. He stated when the Board voted on the agenda 10 earlier in the meeting, those two issues were not combined into one public hearing. He stated it will be a long time before a sufficient amount of people relocate to the County; infrastructure costs will be staggering; transportation/school bond issues will offset any savings anticipated with the purchase of water; the number of vehicles that will be on the road need a VDOT study; and, the increase in the number of units per acre in the County will produce additional runoff into the Chesapeake Bay. Curtis Peterson of Rescue pointed out there are numerous differences of opinion from the community on the proposed Plan and he requested the Board to table the issue until a more acceptable plan is developed. Betsy Egan of Smithfield recommended the Board proceed with adopting the Zoning Ordinance with her recommendation to limit maximum density to ten units per acre in the Newport Development District and that the Comprehensive Plan be modified to remove the expansions which are not justified. She further recommended that the County work with the Town of Smithfield regarding the water line to Gatling Pointe and instead use the $5 million on schools and economic development initiatives. Fred Mitchel of Carrollton recommended allowing the economy to grow and listening to the surrounding community as the growth comes forward. Shelley Perry of Melissa Drive recommended denial of the Plan noting it is too much growth at one time and she requested the Board to let the economy dictate what is needed. Pat Clark of Carrollton requested the Board to postpone any action on the ISLE2040 Plan until 2016 when the Comprehensive Plan is due for revision. Glen Musick of Windsor requested the Board revisit the issue when the new Board members take their seats in 2016. Paul Robbins of the Newport District recommended keeping the 2008 Comprehensive Plan intact. Richard Gillerlain of the Newport District commented that the recommendation from the Planning Commission was not a unanimous one and at the special meeting of the Planning Commission, 34 points from citizens and members of the Planning Commission had been captured by staff, but were not considered. Bill Herford of Carrollton recommended that the Board take additional time to study the Plan. Bill Egan of Smithfield addressed concerns associated with the method used to develop the Plan. ll Dale Scott of Windsor spoke in opposition to the Plan stating it is opposed by the residents of the Newport District. He stated he is in favor of growth, but it should be distributed throughout all development districts for the benefit of all. He recommended that the amount of time allowed citizens to address topics of concern should be increased. Bobby Edwards of Bob White Road addressed the ISLE2040 Plan and the Facilities Use Agreement commenting that County residents are extremely upset about these issues. He recommended that the current Comprehensive Plan remain intact. Dane Scott of Windsor referred to the negative public relations about the ISLE 2040 Plan and the Facilities Use Agreement, noting they are the cause for the lack of industries wanting to relocate to the County. Albert Burckard of the Newport District commenting that no citizens have spoke in favor of the Plan, encouraged the Board to deny it. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey commented on the wetness of the Newport District, particularly Nike Park and Sugar Hill roads. He stated no one in the Newport District is in favor of it and he recommended denying it or tabling it until 2016 when new Board members will be sitting on this Board and when the new Comprehensive Plan will go into effect. Supervisor Jefferson commented that the proposed is only a plan and growth must be planned for. He stated he is not in favor of delaying action until the arrival of the new Board members as this issue is this Board's responsibility. Supervisor Casteen commented that he would like to have seen some support from the citizens expressed and he agrees with denying it at this time. Supervisor Darden commended staff on its work on the Plan noting that a balance of growth, businesses and people are essential. Chairman Alphin commented that he cannot find a significant reason for the proposed Plan's implementation and he recommended that this issue be tabled. On motion of Supervisor Bailey, the Resolution Approving the Amendment of the Comprehensive Plan to Provide for Land Use Changes in Accordance with the ISLE 2040 Plan and the Ordinance to Amend and Reenact the Isle of Wight County Code to Provide for Revisions Based on the ISLE 2040 Plan were denied by a vote of (4-1) with Supervisors Alphin, Darden, Casteen and Bailey voting in favor of the motion and Supervisor Jefferson voting against the motion. 12 COUNTY ATTORNEY'S REPORT County Attorney Popovich provided a PowerPoint presentation outlining historical background information and events/developments to date associated with petitions for the payment of contributions to the Windsor and Carrollton Volunteer Fire Department received as a result of the Board's decision to withhold contribution funding resulting from those department's failure to come to agreement with the Board on the proposed Facility Use Agreement for each station. He advised that the issue at hand is whether or not the Board is to expend the public funds that were previously allocated as contributions to those departments pursuant to the FY2014/15 budget. He advised that as that fiscal year has ended, those funds have reverted back into the General Fund and should the Board feel it necessary to provide those funds to the two departments, the Board would need to take action to reappropriate those dollars in order to lawfully expend them. He advised the Board of his opinion that the claim be denied due to the authority granted to governing bodies places upon that body to determine how, when and where to expend public dollars. He advised that correspondence has been received from the law firm of Williams Mullen indicating that there is movement towards a possible resolution and it is at the Board's discretion which way they would like to proceed in this matter. Chief of Emergency Services, Jeffrey Terwilliger, advised that there are four remaining unresolved issues which include the terms of the agreement, grass cutting at the specific locations, the disbursement of funds and certain designated language. Responsive to comments made under Citizens' Comments, Supervisor Darden advised that certain problems have been reported by the Medical Examiner and currently the Chief of Emergency Management has no policies or procedures in place and the Facilities Use Agreement is a tool by which to address those problems. Noting the closeness of reaching an agreement on this issue, Supervisor Casteen moved that County Attorney Popovich be directed to continue negotiations with the Carrollton and Windsor Fire Department's legal counsel and that this matter be tabled for further consideration by the Board at its August 27, 2015 meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Following a five-minute break, Chairman Alphin called the meeting back to order. 13 COUNTY ADMINISTRATOR'S REPORT Jimmy Sanderson, Davenport & Company, responsive to an approved financing by the Western Tidewater Water Authority, requested the Board's consideration of a resolution approving the financing of energy efficiency improvements, as required under the service agreement with the Western Tidewater Water Authority that each member jurisdiction approve any debt of the Jail Authority. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA APPROVING THE FINANCING OF ENERGY EFFICIENCY IMPROVEMENTS BY THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY The Western Tidewater Regional Jail Authority (the "Authority") was created pursuant to Article 3.1, Chapter 3, Title 53.1 of the Code of Virginia of 1950, as amended, by the City of Franklin, Virginia, the County of Isle of Wight, Virginia, and the City of Suffolk, Virginia (collectively, the "Member Jurisdictions"). As authorized by a resolution adopted by the board of directors of the Authority on June 23, 2015 (the "Authority Resolution"), a copy of which is attached as Exhibit A, the Authority proposes to finance the acquisition, construction and installation of certain energy efficiency improvements (collectively, the "Equipment"), which Equipment is expected to generate operating cost savings for the Authority, and the related closing costs (collectively, the "Financing") in an amount not to exceed $5,000,000. The Board of Supervisors of the County of Isle of Wight, Virginia (the "Board of Supervisors"), has received a presentation regarding the proposed terms of the financing and has been informed that the goal of the Authority in approving the Financing is to secure financing for the Equipment that generates cost savings over the life of the expected operating cost savings for the Authority and the Member Jurisdictions. The Authority approved the Financing as either a lease/purchase transaction (a "Lease Financing") or a revenue bond transaction ("Bond Financing"). Depending on the final structure of the Financing, the Amended and Restated Service Agreement dated as of April 15, 2011 (the "Service Agreement"), by and among the Authority and the Member Jurisdictions, the Authority will have different closing requirements. Under Sections 4.5 and 4.1 of the Service Agreement, each Member Jurisdiction provides a moral obligation pledge to fund operating and debt 14 service expenses of the Authority based its pro rata share of the Authority's expenses as set forth in the Service Agreement. If the Financing is structured as a Lease Financing, an amendment to the Service Agreement will be required (among other closing items) to permit the lease of the Equipment and the granting of a security interest therein. If the Financing is structured as a Bond Financing, the Service Agreement requires an update to the amount of debt service payable by the Authority (among other closing items), The Board of Supervisors desires (i) to consent to the Financing within the parameters established by the Authority Resolution and in either proposed structure and (ii) to authorize officers of the County to take such actions as may be necessary to close the Financing. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that: 1. The County of Isle of Wight, Virginia (the "County"), hereby consents to the Financing in an amount not to exceed $5,000,000 and otherwise in accordance with the parameters established under the Authority Resolution and in either of the proposed structures for the purposes described in Recitals B and C above. Notwithstanding the foregoing, the County's consent is subject to the adoption of similar resolutions by the governing bodies of the other Member Jurisdictions. 2. The County hereby acknowledges and reaffirms its obligation to pay operating and debt service expenses of the Authority as provided in the Service Agreement. Any such payment will be subject to the appropriation of funds by the Board of Supervisors of the County and shall constitute a moral, non-binding payment obligation. In no event shall the obligation of the County under Sections 4.5 and 4.1 of the Service Agreement be deemed to constitute a debt within the meaning of the Constitution and the laws of Virginia. 3. If the Financing is structured as a Lease Financing, the County Administrator and such other officers of the County as she may designate are hereby authorized and directed to execute and deliver an amendment to the Service Agreement to permit the Lease Financing. If the Financing is structured as a Bond Financing, the County approves of the updating of the debt service information attached to the Service Agreement. 4. Regardless of the final structure of the Financing, the County Administrator and such other officers of the County as he may designate are hereby further authorized to execute and deliver such other documents as any such officer deems necessary or appropriate in connection with the Financing and take such further actions as any such officer deems appropriate in connection with such Financing. All actions taken by an officer of the County within the authority of this Resolution are hereby ratified and approved. 15 The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. It was the consensus of the Board that the update from the Director of Economic Development on the Camptown Service District be deferred to the Board's August 27, 2015 meeting. // Responsive to an inquiry from County Administrator Seward, it was the consensus of the Board that it conduct a Strategic Planning Retreat in mid- September. County Administrator Seward offered to include proposed dates for the retreat in the Board's August 27, 2015 agenda. Responsive to a request from County Administrator Seward, Supervisor Casteen moved that the Board's August 20, 2015 meeting date be moved to Thursday, August 27, 2015. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and .Bailey voting in favor of the motion and no Supervisors voting against the motion. N A request for staff authorization to submit a letter of request to the Virginia Fire Services Board for a fire and emergency medical services study agreement was represented by County Administrator Seward. Supervisor Bailey moved that staff be authorized to submit a letter of request to the Virginia Fire Services Board for the execution of a Fire/EMS Study Agreement with that agency. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward referenced the informational items contained in the agenda, as follows: Monthly Reports: Tax Levies & Collections as of June 2015; Cash Position; and, 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/June 2015; Isle of Wight Cooperative Extension Monthly Activity Report/June; Isle of Wight Website Statistics/June 2015; Solid Waste Division Litter Pickup; and, correspondence from Chamber of Commerce - Cary and Main Development 16 UNFINISHED/OLD BUSINESS It was the consensus of the Board to defer the issue of impact of annexation to the Board's August 27, 2015 meeting. NEW BUSINESS Responsive to a discussion had with a landowner on Nike Park Road regarding the pedestrian/bicycling path, Supervisor Darden moved that the Community Development team and staff be directed to meet next week with the landowners that will be affected (but have not signed) by the pedestrian/bicycle path on Nike Park Road. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin brought up the past action taken by the Board in support a northern bypass on Route 460 and he inquired if it is still the Board's position to remain with that route. Supervisor Darden commented that the proposed route provides access to Route 258; Route 607 and 636; an interchange at Route 258 and grade separation at Shiloh Drive Route; and, that the County has invested $20 million dollars in the Shirley T. Holland Intermodal Park which needs an access road. She stated for the Board to change its position would jeopardize the County from receiving any future funding and she recommended allowing the process to run its course. Jamie Oliver, Transportation Planner, commented that VDOT will objectively reevaluate if the project criteria and goals can be met and that no action by the Board is required at this time. Supervisors Bailey and Casteen concurred that taking no further action at this time is in the best interest of the citizens. Chairman Alphin moved that the Resolution in Support of the Recommended Preferred Alternative to U.S. 460 of January 13, 2015, adopted by the Board at its February 11, 2015 meeting, be rescinded. The motion was defeated by a vote of (1-4) with Chairman Alphin voting in favor of the motion and Supervisors Darden, Jefferson, Casteen and Bailey voting against the motion. if There being no further business, Chairman Alphin declared the meeting adjourned at 10:35 p.m. 'I Re Alphin hairman Carey M s Stohn, Clerk 17