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