08-27-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-SEVENTH DAY OF AUGUST 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
At 5:00 p.m., the Chairman called the meeting to order.
CLOSED MEETING
The following matters were identified as matters for discussion in closed
meeting by County Attorney Popovich: Under Section 2.2-3711(A)(1)
concerning a discussion regarding the appointment of specific appointees to
County boards, committee or authorities; under Section 2.2-3711(A)(1)
concerning a discussion regarding the performance of two (2) specific public
appointees; and, under Section 2.2-3711(A)(7) concerning 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 potential annexation by the Town of Smithfield.
Supervisor Casteen 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.
Supervisor Jefferson 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 Casteen 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,
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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 MEETING: 0
H
At 6:00 p.m., Supervisor Darden delivered the invocation and the Pledge of
Allegiance to the Flag was conducted.
APPROVAL OF AGENDA
Supervisor Casteen moved that the agenda be approved as amended under the
County Administrator's report to move Item (F), Resolutions — Davis Bacon
Compliance Funding Request from the Schools, to follow Item (A), a status
report on the County's financial performance for the fourth quarter of
FY2015 and that an Item (K), Communities of Friendship between the
County of Isle of Wight, the Town of Smithfield, the City of Luohe, Henan,
China and a district within the City of Luohe be added. 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.
CONSENT AGENDA
A. Resolution to Accept and Appropriate Insurance Proceeds for Sheriffs
Department Vehicle and Equipment Repairs
B. Resolution to Accept and Appropriate a Victim Witness Program Grant
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C. Resolution for an Annual Day of Remembrance and Honor on
September I lt' for Isle of Wight County
D. July 16, 2015 Regular Meeting Minutes
Supervisor Darden moved that the Consent Agenda be adopted as presented.
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
There were no regional reports offered by the Board.
APPOINTMENTS
Supervisor Darden moved that John Henry Yow, Il be appointed to fill the
unexpired term of Connie Henderson representing the Newport District on
the Blackwater Regional Library Board. 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 Catherine Funk be appointed as the At -large
member, replacing Marian Neighbors on the Blackwater Regional Library
Board. 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 Casteen moved that Nancy Mayo be appointed as the Ex -Officio
member on the Comprehensive Services Act/Policy & Management Team.
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 Casteen moved that Delores C. Darden be reappointed to serve on
the Hampton Roads Economic Development Alliance. 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 Jefferson moved that Chairman Alphin be appointed to serve as
the Alternate on the Hampton Roads Transportation Planning Organization.
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.
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Supervisor Jefferson moved that Lt. James Pope be appointed to serve on the
Southeastern Virginia Alcohol Safety Action Program. 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 Joseph Spratley, Jr. be reappointed to serve on
the Senior Services of Southeastern Virginia. 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.
SPECIAL PRESENTATION/APPEARANCE
An overview of the Fall Recreation Program Guide was provided by Mark
Furlo, Director of Parks and Recreation.
Danny Byrum, Chairman, Isle of Wight County Fair Committee, updated the
Board regarding progress made to date with regard to the upcoming 2015
Fair scheduled for September 17' through the 20th.
CITIZENS' COMMENTS
Vicki Petkewicz, on behalf of Dick Grice of Smithfield, expressed Mr.
Grice's recommendation that data, mapping and engineering procured for the
ISLE2040 Plan not be discarded, but saved for the upcoming Comprehensive
Plan in 2018. He further recommended making water, sewer and gas service
for the Shirley T. Holland Industrial Park the County's priority utility project;
that the Gatling Pointe waterline project be placed on hold and the current
water/sewer service agreement renewed with the Town of Smithfield; that an
intergovernmental water and sewer taskforce be developed which includes
current and previous engineering companies and qualified volunteers for the
development of a comprehensive county -wide water and sewer distribution
plan identifying short-term water usage opportunities and a long-term
program that combines all water sources; that the County Administrator be
directed to develop a budget providing for such taskforce funding; and, that
the taskforce be charged with having recommendations available no later
than June of 2016.
Sheriff Mark Marshall spoke favorably of Sheriffs Department employees'
inclusion under the County's Pay and Classification Plan.
Edmond Easter of Yellow Rock Road reported on the paving of Yellow Rock
Road and complimented staff for its high level of professionalism.
Sam Cratch, member of the Carrollton Volunteer Fire Department, addressed
the unresolved issue of a signed Facilities Use Agreement with that
Department. He requested the Board to accept the Facilities Use Agreement
agreed to by all seven of the County's volunteer agencies and to restore
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funding to the Carrollton and Windsor Volunteer Fire Departments. He
requested that the positions of Administrator and Manager be reviewed for
differences.
Debbie Bales Cratch of Carrollton spoke favorably of the execution of the
Facilities Use Agreement developed and agreed to by all County volunteer
agencies.
Steve Test, Attorney with Williams & Mullins, the law firm representing the
Carrollton and Windsor Volunteer Fire Departments, recommended that the
issue regarding the petition for payment of contributions to the
Carrollton/Windsor Volunteer Fire Departments under Old Business be
tabled until the Board's September meeting to allow for additional discussion
of the few remaining issues of concern which he believes can be resolved.
Diane Jones of Carrsville requested the restoration of funding to the
Carrollton and Windsor Volunteer Fire Departments, noting it is the duty of
the Board to work towards a resolution of this issue.
Albert Burckard of Carrollton spoke in opposition of the recently acquired
certification by the Chief of Emergency Services to conduct fire inspections
of County businesses.
Rick Gillerlain of the Newport District spoke in favor of the Board's recent
vote to deny the ISLE2040 Plan.
Andrew C. Gregory, Vice -Mayor, Town of Smithfield, on behalf of the
Smithfield Town Council, requested the Board to reconsider any future
action to extend the waterline to the Gatling Pointe and Battery Park
communities.
Frank Taylor of Carrollton addressed the stormwater fee charged to County
residents and requested that action be taken to require that animal owners
discard of their animal's waste.
Vicky Hulick of the Newport District spoke in opposition to the proposed
waterline for the Gatling Pointe and Nike Park areas and in favor of paid
firefighters.
Herb DeGroft of Mill Swamp Road spoke in support of the comments made
by Vice -Mayor Greggory with respect to the waterline extension to Gatling
Pointe and in opposition to the Nike Park Road bike/pedestrian walking trail.
Dale Scott, member of the Windsor Volunteer Fire Department, requested
funding be restored to that Department as a first step in working towards a
resolution of a signed Facilities Use Agreement with that organization.
Fred Mitchell, member of the Carrollton Volunteer Fire Department,
distributed a copy of a letter from the Virginia State Firemen's Association in
support of the volunteers of the County. He referred to a lack of cooperative
effort between the Board and County residents and recommended that action
be taken at this point of the agenda to postpone discussion on the issue under
Old Business with respect to the petition for the payment of contributions to
the Carrollton/Windsor Volunteer Fire Departments.
Betsy Egan of Smithfield commented on the flawed Gatling Pointe waterline
preliminary engineering report included in the agenda and disputed the
County's justifications provided for such waterline.
County Administrator Seward was requested by Chairman Alphin to contact
Frank Taylor concerning his comments regarding stormwater fees.
Supervisor Casteen responded to comments made regarding restored funding
for the Carrollton and Windsor Volunteer Fire Departments and advised that
operating expenses for those departments not having signed a Facilities Use
Agreement with the County will be paid; however, they must first be
submitted to staff for payment.
Supervisor Jefferson commented previous action to withhold funds was a
decision made by the Board, not by the County Administrator and he
provided clarification that the County does not have a residency requirement
for its employees.
Supervisor Bailey recommended postponing discussion and action on the
Carrollton and Windsor Volunteer Fire Departments issue under Old
Business in anticipation of an agreement being reached in the very near
future.
Jeff Terwilliger, Chief of Emergency Services, responsive to comments
offered by Albert Burckard earlier under Citizens Comments, provided
clarification that the County's fire official is required to have certain minimal
training as outlined in the Statewide Fire Prevention Code to include the
recent certification course referenced.
PUBLIC HEARINGS
Chairman Alphin called for a public hearing on the following:
A. Zoning Classification Change for 3.5 Acres on Whispering Pines Trail
from General Commercial (GC) to Rural Agricultural Conservation
(RAC) for Continued Use of Property as a Campground and
Campground Store.
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Beverly H. Walkup, Director of Planning and Zoning, provided an overview
of the application and advised that the Planning Commission recommends
approval of the rezoning, as well as staff.
Chairman Alphin called for persons to speak in favor of or in opposition to
the sale of the building.
No one appeared and spoke in favor or in opposition.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Chairman Alphin moved that the application be approved, as recommended
by the Planning Commission and staff. 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. Conditional Use Permit to Withdraw Properties at 18222 Longview
Drive from the Longview Agricultural/Forestal District to Allow for a
Solar Farm to be operated on the site.
Richard Rudnicki, Assistant Director of Planning and Zoning, made
reference to a letter of opposition dated August 8, 2015 which was placed at
the Board's seats prior to the opening of the public hearing from Sharon W.
Krumpe on behalf of Shirley Wilson and Kathy Holmes. He advised that the
Planning Commission recommends approval of the CUP and removal from
the Agricultural Forestal District and staff recommends approval as
presented.
Chairman Alphin called for persons to speak in favor of or in opposition to
the sale of the building.
No one appeared and spoke in favor or in opposition.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Darden moved to approve the Conditional Use Permit to
withdraw properties at 18222 Longview Drive from the Longview
Agricultural/Forestal District to allow for a solar farm to be operated on site.
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:
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C. Resolution to Amend the Comprehensive Plan to Revise Map 4-9
Newport Development Service District Land Use Plan
Trenton Blow, Planner, presented background information on the
Comprehensive Plan amendment which will allow for a conservation
easement on two parcels of land owned by Brewer's LLC located east of
Route 10/32 and south of Route 32/25 to protect the environmentally
sensitive land. He stated the only weakness noted was that the commercial
zoning on parcel 33-01-013A is not consistent with a permanent conservation
easement. He advised that the Planning Commission voted to recommend
approval to the Board consistent with the recommendation of staff to approve
the application contingent upon the applicant not contesting the change in
zoning for parcel 33-01-013A to RAC after the completion of the
conservation easement.
Chairman Alphin called for persons to speak in favor of or in opposition to
the sale of the building.
Tom Stokes of Granby Street in Norfolk clarified that the easement applies to
only a portion of the larger parcel, but not the entire parcel.
Matt Smith, Attorney representing Brewer's LLC, appeared and offered to
address any questions.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Darden moved that the following Resolution be adopted with
staff's recommendation that the application be contingent upon the applicant
not contesting the change in zoning for parcel 33-01-013A to RAC upon
completion of the conservation easement process:
RESOLUTION TO AMEND THE COMPREHENSIVE PLAN
TO REVISE MAP 4-9 NEWPORT DEVELOPMENT SERVICE
DISTRICT LAND USE PLAN
WHEREAS, Brewers LLC requested a change to the Isle of Wight County
Comprehensive Plan, specifically Map 4-9 Newport Development Service
District Land Use Plan, affecting 111.442 acres composed of two parcels of
land (parcel 33-01-013A consisting of 6.442 acres and parcel 33-01-014
consisting 105 acres) located east of Route 10/32 and south of Route 32/258
in the Windsor Election District for the purpose of amending the land use
designation from Business & Employment and Suburban Estate to Resource
Conservation for the establishment of a conservation easement; and,
WHEREAS, on July 28, 2015 the Planning Commission in accordance with
Section 15.2-2229 of the Code of Virginia, by resolution, recommended the
approval of the amendment to the Comprehensive Plan, and,
n.
WHEREAS, the Isle of Wight County Board of Supervisors, upon
recommendation of the Isle of Wight County Planning Commission, finds it
advisable to amend the Comprehensive Plan, specifically Map 4-9 Newport
Development Service District Land Use Plan, and,
WHEREAS, the Isle of Wight County Board of Supervisors has given notice
and held a public hearing on said amendment to the Comprehensive Plan on
August 27, 2015, as required by Section 15.2-2204 of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors hereby adopts the revisions to Map 4-9 Newport
Development Service District Land Use Plan of the Isle of Wight County
Comprehensive Plan, as requested by Brewers LLC.
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.
COUNTY ADMINISTRATOR'S REPORT
Michael W. Terry, Director of Budget and Finance, provided a status report
on the County's financial performance for the fourth quarter of FY2015.
County Administrator Seward presented a request from the Isle of Wight
County School Board concerning a Davis Bacon construction funding
request in the amount of $2,789,456 relative to final payments associated
with the construction of the Georgia D. Tyler Middle School.
Anthony Hines, School Administration, advised that this is the final request
from the School Board regarding Davis Bacon restitution which will be in the
thousand dollar amount and that any future requests will be in the hundred
dollar amount and will be paid from the School's Operating budget.
Chairman Alphin moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE GENERAL
FUND UNASSIGNED FUND BALANCE FOR PAYMENT OF DAVIS-
BACON ACT EXPENSES ASSOCIATED WITH THE GEORGIE D.
TYLER MIDDLE SCHOOL PROJECT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a request from the Isle of Wight School Board for the
payment of Davis -Bacon Act related invoices in the amount of $2,789,456 as
presented by the U.S. Department of Labor for the Georgie D. Tyler Middle
School Project; and,
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WHEREAS, the Capital Reserve Account (GTMS) established by the
Board of Supervisors for payment of Davis -Bacon Act expenses has an
available balance of $255,261; and,
WHEREAS, the remaining funds needed for final payment of the
Davis -Bacon Act invoices in the amount of $2,534,195 is available for
appropriation from the General Fund Unassigned Fund Balance.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Isle of Wight County, Virginia authorizes the appropriation of $2,534,195
from the General Fund Unassigned Fund Balance to the Capital Reserve
Account (GTMS) to provide for payment of Davis -Bacon Act invoices
associated with the Georgie D. Tyler Middle School Project.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized by the Board of Supervisors to make the
appropriate accounting adjustments in the budget and to do all things
necessary to give this resolution effect.
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.
Resolution of Official Intent to Reimburse Expenditures with Proceeds of a
Borrowing (Windsor Middle School):
Chairman Alphin moved that the following Resolution be adopted:
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, Isle of Wight County, Virginia (the "Borrower"), has
undertaken the acquisition, construction and equipping of Windsor Middle
School (the "Project");
WHEREAS, the Borrower has incurred or reasonably expects to incur
additional costs related to the Project; and
WHEREAS, the Borrower expects to advance its own funds to pay such
additional costs related to the project (the "Expenditures") prior to
incurring any additional indebtedness and to receive reimbursement for
such Expenditures from proceeds of tax-exempt bonds or taxable debt,
or both;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
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I . The Borrower intends to utilize the proceeds of tax-exempt bonds
(the "Bonds") or to incur other debt in an amount not currently expected to
exceed $3,000,000 to pay additional costs related to the Project.
2. The Borrower intends that the proceeds of the Bonds be used to
reimburse the Borrower for Expenditures with respect to the Project made on
or after the date that is no more than 60 days prior to the date of this
Resolution. The Borrower reasonably expects on the date hereof that it will
reimburse the Expenditures with the proceeds of the Bonds or other debt.
3. Each Expenditure was or will be, unless otherwise approved by
bond counsel, either (a) of a type properly chargeable to a capital account
under general federal income tax principles (determined in each case as of the
date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c)
a nonrecurring item that is not customarily payable from current revenues, or
(d) a grant to a party that is not related to or an agent of the Borrower so long
as such grant does not impose any obligation or condition (directly or
indirectly) to repay any amount to or for the benefit of the Borrower.
4. The Borrower intends to make a reimbursement allocation, which
is a written allocation by the Borrower that evidences the Borrower's use of
proceeds of the Bonds to reimburse an Expenditure, no later than 18 months
after the later of the date on which the Expenditure is paid or the Project is
placed in service or abandoned, but in no event more than three years after
the date on which the Expenditure is paid. The Borrower recognizes that
exceptions are available for certain "preliminary expenditures," costs of
issuance, certain de minimis amounts, expenditures by "small issuers" (based
on the year of issuance and not the year of expenditure) and expenditures for
construction of at least five years.
5. The Borrower intends that the adoption of this resolution
confirms the "official intent" within the meaning of Treasury Regulations
Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as
amended.
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.
Mr. Furlo briefed the Board regarding an opportunity for 2015 Virginia
Recreational Trails Grant funds for an ATV trail in the Heritage Park Master
Plan.
Questions raised by the Board with respect to potential noise, hours of use,
fees and staffing were addressed by Mr. Furlo and questions with respect to
liability were addressed by County Attorney Popovich.
Supervisor Jefferson noted opposition to the County providing a place for
youth to ride ATV's and expressed concern with the ability of the County to
ensure that riders sign the required waiver.
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County Attorney Popovich advised that ATV riders must first sign the
required waiver before they are issued a sticker by the County and any rider
who has not signed such a waiver is considered a trespasser and the County
has no legal obligation to reimburse that rider for any injury sustained as
such.
Supervisor Casteen moved that the following Resolution be adopted:
A RESOLUTION AUTHORIZING THE SUBMISSION OF A VIRGINIA
RECREATIONAL TRAILS GRANT APPLICATION
WHEREAS, the County's adopted Heritage Park Master Plan provides for an
ATV Trail at Heritage Park; and,
WHEREAS, federal funding for the construction of the ATV Trail is
available through the Virginia Department of Parks and Recreation
Recreational Trail Program (RTP).
NOW, THEREFORE, BE IT RESOLVED THAT:
I The County Administrator be authorized to make formal application to
the Virginia Department of Conservation and Recreation (DCR) for
funding assistance;
2. Any fund assistance received be used for implementation and
completion of the Heritage Park ATV Trail within the specified time
frame;
3. Isle of Wight County hereby certifies that project funding is currently
available and is committed for the completion of this project while
seeking periodic reimbursement through the Recreational Traits
Program.
4. We are aware that the RTP funding, if approved, will be paid on a
reimbursement basis. This means we may only request payment after
eligible and allowable costs have already been paid to our vendors and
evidence of such has been provided to DCR.
5. We acknowledge that the assisted trail project will have an assigned
life expectancy assigned to it and that the facility must be maintained to
standards suitable for public use.
6. We acknowledge that we are responsible for compliance with the
National Environmental Policy Act, Endangered Species Act, Historic
Preservation Act, Executive Orders 11988 and 11990 ( Floodplain
Management and Wetlands Protection) and all other applicable state
and federal laws;
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7. We acknowledge that appropriate opportunity for public comment has
been provided on this application and evidence of such is a required
component for approval.
8. This resolution becomes part of a formal application to the Virginia
Department of Conservation and Recreation.
The motion was adopted by a vote of (3-2) with Supervisors Alphin, Bailey
and Casteen voting in favor of the motion and Supervisors Jefferson and
Darden voting against the motion.
Following a PowerPoint presentation by Mary Beth Johnson, Director of
Human Resources, regarding the Pay and Compensation Classification Study
recently performed by Evergreen Solutions, LLC. which incorporates
positions within the Sheriffs office, Supervisor Casteen moved that the
following Resolution be adopted:
RESOLUTION TO AMEND THE POSITION CLASSIFICATION AND
COMPENSATION PLAN RECOMMENDED AS PART OF THE
CLASSIFICATION AND COMPENSATION STUDY PERFORMED BY
EVERGREEN SOLUTIONS, LLC
WHEREAS, the Board of Supervisors approved the FY 2015-2016 Position
Classification and Compensation Plan in accordance with the Annual
Operating Budget; and,
WHEREAS, the Board of Supervisors desires to amend the FY 2015-2016
Position Classification and Compensation Plan resulting from the
Classification and Compensation Study performed by Evergreen Solutions,
LLC, as referenced in the attached exhibit,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia that the FY 2015-2016 Position
Classification and Compensation Plan is hereby amended effective October
1, 2015 and shall remain in effect until amended by the Board.
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.
Super -visor Casteen further moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE 111,
SECTIONS 3.3 AND 3.6 AND ARTICLE IV, SECTIONS 4.3-4.6 OF THE
COUNTY POLICY MANUAL
WHEREAS, the Board of Supervisors desires to amend the County Policy
Manual, Chapter 1: Personnel, Article 111, Sections 3.3 and 3.6 and Article
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IV, Sections 4.3-4.6, which currently establishes provisions regarding
maintenance of the compensation plan and salary administration rules; and,
WHEREAS, the amendments of the County Policy Manual are necessary in
order to ensure appropriate maintenance and administration of the County's
Classification and Compensation system in accordance with the amended FY
2015-2016 Position Classification and Compensation Plan as recommended
by the Classification and Compensation Study performed by Evergreen
Solutions, LLC.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article
111, Sections 3.3 and 3.6 and Article IV, Sections 4.3-4.6 of the County Policy
Manual are hereby amended effective October 1, 2015 and shall remain in
effect until amended by the Board.
ARTICLE III
Compensation Plan
(Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006,
June 1, 2006, April 16, 2015, October 1, 2015)
Section 3.3
(Revised June 1, 2006, October 1, 2015)
Salary Increases
The performance of regular full-time and regular part-time employees shall
be reviewed annually. If funding is available, an employee may be entitled to
a salary increase for successful job performance. Performance increases shall
be awarded to employees in accordance with the County's performance
evaluation system. Probationary employees are not eligible for merit -based
salary increases during the probation period. 3A'hen an empleyee's position is
reelassified, his�her- salary shall be adjusted to at least the Fflinimufn rate of
the new grade, )Alhen an empleyee's positien is reelassified to a lower pay
gfade, and hisalary is above the maxiffitiffi for- the lower grade, the
eemployee shall be permitted to eontinue at his/her present fate ef pay during
the period of ineumbeney but the employee shall not be entitled to a salafy
inefease.
An employee's salary may not exceed the maximum of his/her pay range.
Full-time employees at the maximum of their range, who would otherwise be
eligible for a merit increase, will receive a payment for that portion of his/her
merit increase which exceeds the maximum of the pay range. The payment
will be made in four installments in the pay period nearest the following
dates: July 1, October 1, January 1, and April 1. The payment will not be
included in the calculation of VRS contributions,
Employee salary adjustments may be necessary on occasion to address
internal salary compression, external pressure in high demand areas, and/or
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retention issues. Such equity adjustments to salaries require the approval of
the County Administrator.
Section 3.6
(revised October 1, 2015)
Maintenance of the Compensation Plan
The County Administrator shall make, or cause to be made, a comparative
study of all factors affecting the County's compensation plan. The study shall
be undertaken at least every two years every three to five years and shall
consider rates of pay for comparable positions in public and private
employment in the area, fringe benefits, cost of living to date, the County's
financial condition and other pertinent factors.
In order to avoid the compounding of changes in cost of living over time and
to remain competitive with market peers, the pay structure (pay ranges) and
salaries shall be adjusted annually by a cost of living adjustment (COLA)
equal to the consumer price index (CPI).
The County Administrator shall recommend changes to the compensation
plan to the Board of Supervisors. The Board of Supervisors shall make
changes to the compensation plan as appropriate.
ARTICLE IV
Conditions of Employment
(Revised November 6, 2000, April 7, 2005, December 15, 2005,
February 2, 2006, October 16, 2006, March 1, 2007 June 14, 2007, October
16, 2014, November 20, 2014, October 1, 2015)
Section 4.3
(Revised October 16, 2006, October 1, 2015)
Promotion
A promotion is defined as the graduation to a job with increased duties and
responsibilities. A promotion shall be accompanied by an increase in
compensation.
When an employee is promoted to a position in a higher class, his/her salary
the new pay grade, depending en qualifieations shall be increased by a
minimum of five percent (5%) and/or have his/her salary be brought up to
their new grade minimum (whichever is greater) so that internal equity of
salaries within the classification can be preserved. Any additional salary
increase above the minimum required requires approval by the County
Administrator in instances of extenuating circumstances. Promotional salary
increases shall be effective on the first day of the pay period.
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Section 4.4
(Revised December 15, 2005; March 1, 2007, October 1, 2015)
Demotion
A demotion is defined as the assignment to a position with a decrease in
duties and responsibilities.
When an employee is demoted he/she will be paid at a rate which is within
the range of the lower position. The rate of salary reduction shall be at least
five percent (5%) for- eaeh grade reduetion and/or his/her salary shall be no
less than the new grade minimum. If the employee's resulting salary is above
the maximum of the new salary grade, the employee shall be placed at the
maximum of the new salary grade. The County Administrator may grant an
exception to the salary decrease requirements when the pay grade reduction is
in support of organizational objectives and is not a result of a disciplinary
action, provided the employee's salary does not exceed the maximum of the
assigned pay range.
Section 4.5
(Revised April 7, 2005, October 1, 2015)
Reclassification
Reclassification is not considered a promotion or demotion. When an
empleyee's position is reelassified his�her- duties have
.A
reclassification is defined as a change to the class title or the grade assigned
to a particular class title due to changes in the scope of work performed,
duties, or responsibilities assigned to the classification.
An employee whose position is reclassified to a higher salary grade shall
receive a salary adjustment to at least the fninimum of the new grade. of a
minimum of five percent (5%) and/or have his/her salary be brought up to
their new grade minimum (whichever is greater) so that internal equity of
salaries within the classification can be preserved. When an employee's
position is reclassified to a lower salary grade and his/her present salary is
above the maximum for the lower grade, the employee shall be permitted to
continue at his/her present rate (except in the event of a general service -wide
reduction). The employee will not be entitled to a salary increase until salary
grade adjustments allow for an increase within the new grade.
Section 4.6
(Revised November 6, 2000, October 1, 2015)
Transfer
a. A transfer to a position in the same salary grade n -+ay shall not result in
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an increase in �.aj,.
A transfer-, which is not the result of a department/division
reorganization, may fesult in a pfomotien of demetion. A transfef as a
result of r-eerganization, whieh fesults in the elimination ef some
positions, shall not be eensidefed either a promotion of demetion.
b. A transfer from one County Department to another County Department
or, from the Isle of Wight County Public School System, Department
of Social Services and/or Isle of Wight Constitutional Officers
employment, shall have their unused and uncompensated leave
balances transferred and maintain their seniority, subject to the
limitation for maximum time of leave allowed to be accumulated under
County policy provided:
Not more than 30 days lapse of time between the date of termination
from said Departments, Boards and Agencies to employment by the
County.
d. The employee is a regular full-time employee who leaves the previous
Department, Board or Agency in good standing.
The transfer or employment of said employee has been approved by the
County Administrator or his designee and the leave balances do not
exceed the maximum amount of time allowed to be accumulated under
County policies.
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 Casteen moved to authorize execution of the following
Memorandum of Agreement between the Board of Supervisors and Sheriff
Mark A. Marshall, effective October 1, 2015:
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, is made effective the I" day of October 2015, by and
between the Board of Supervisors, (hereinafter called the "Board"), Isle of
Wight County, Virginia, a political subdivision of the Commonwealth of
Virginia, having its main place of business at 17090 Monument Circle, P.O.
Box 80, Isle of Wight, Virginia 23397 and the Office of Sheriff Mark A.
Marshall, Sheriff of Isle of Wight County, (hereinafter referred to as the
"Office"), having its main place of business at 17110 Monument Circle, P.O.
Box 80, Isle of Wight, Virginia 23397. The Board and the Office may
hereinafter be referred to individually as "Party" or jointly as the "Parties".
WITNESSETH
WHEREAS, the Office is desirous of having employees of the Office qualify
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for and abide by the current Isle of Wight County pay plan (hereinafter
referred to as the "Plan"), as may be amended from time to time, and
WHEREAS, the Board is willing to include Office employees within the
Plan.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and conditions herein contained, the Parties agree as follows:
1. The Board agrees to place Office employees in full- or part-time
regular positions included in the Plan subject to the County's
classification and compensation personnel policies. Unless specifically
stated, this Agreement shall not apply to the Sheriff of Isle of Wight
County, himself, except in the provision of employee benefits, and
shall not apply to the obligation of the Office abiding by personnel
policies not associated with classification and compensation matters.
2. The Parties agree that by virtue of the execution of this Agreement that
all Office employees shall be included under the County's Plan and
associated personnel policies associated exclusively with classification
and compensation. The Plan shall include salary and all considerations
relevant thereto and any and all benefits set forth thereunder. The Plan
and associated policies pertaining to classification and compensation
includes, but is not limited to, the classification of all Office employees
within the County's schematic listing of job titles and pay ranges, rules,
regulations, policies and safeguards involved with the setting or
adjusting of compensation. The Office shall coordinate with the
County's Department of Human Resources on all classification and
compensation matters.
3. The Parties agree that all paychecks and all payroll deduction checks
shall be issued through the County's Department of Budget and
Finance with reimbursement by the Commonwealth of Virginia or the
Office, when appropriate, made to the credit of the County General
Fund.
4. The term of this agreement shall commence from the effective date of
this Agreement and shall terminate at the end of the Sheriff's elected
term.
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.
A PowerPoint presentation on impacts to the County associated with
annexation was provided by County Administrator Seward.
IN
Don Jennings, Engineering, reported on the results of the preliminary
engineering report for water improvements at Nike Park which resulted in
staff's recommendation of (Route 5) an alignment between Carrollton and the
Gatling Pointe community at a cost of $3.8 million and based on criteria of
cost, environmental effects, easement acquisition, landowner effects and
traffic impacts.
Supervisor Casteen moved that staff be authorized to proceed with
presentation of the preferred waterline alternative to the Planning
Commission in accordance with Section 15.2-2232 of the Code of Virginia
(1950, as amended). 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.
A PowerPoint presentation was provided by Tom Elder, Director of
Economic Development, on current conditions of local economic
development in the Camptown Development Service District.
Chairman Alphin commented that the appearance of Route 58 traveling
towards the City of Franklin, specifically between the road and the railroad
tracks and the Airway Shopping Center, is certain to affect marketability in
that area.
Discussion ensued regarding the potential for running water lines to the City
of Franklin and the Board was advised that while there is long-term potential,
at this point in time it is not financially feasible as running those lines does
not currently provide a return on investment.
Amy Ring, Assistant Director of Economic Development, provided a
PowerPoint presentation on the current status of the Stoup property; its
potential future uses; and, staff's recommendation for authorization to initiate
an RFP to lease the property to a private user for the recommended proposed
uses of the property or other uses as deemed appropriate by staff. She
advised that several real estate brokers had been consulted with regard to
whether the existing home should remain on the property or be demolished
and it was the unanimous opinion of those experts that the property would be
more marketable if the home were removed.
Supervisors Casteen and Bailey noted concerns with public safety with
respect to ingress and egress of the property should significant activity be
encouraged in that area.
Jamie Oliver, Transportation Planner, advised the Board that VDOT has
recognized that there is an access safety issue at this site and staff is currently
considering ways in which the County can partner with VDOT regarding
modifications for the use of the emergency signal and the two driveways to
ensure safe access to this site.
WE
Supervisor Darden moved that staff be authorized to issue an RFP to
demolish the existing building. The motion was adopted by a vote of (3-2)
with Supervisors Alphin, Darden and Jefferson voting in favor of the motion
and Supervisors Bailey and Casteen voting against the motion.
Mr. Rudnicki provided a quarterly PowerPoint presentation to the Board on
the status of major development projects in the County which involved the
Benn's Grant development and roadway project; Riverside and St. Lukes
Village construction plans; Brewer's Station and Archer's Meade rezonings;
The Crossing's pump station and infrastructure plans; site plans and review
of pump station for Carrollton Manner; plan approvals for Eagle Harbor,
Tract 8, apartments and Dunkin Donuts; site plans review for 7-11; and, the
rezoning approval of 17Corner Properties.
Charles Meek, Assistant to the County Administrator, relayed the date, time
and place selected for the Board's Strategic Planning Retreat and a proposed
agenda.
Supervisor Bailey moved that the Board's Strategic Planning Retreat be held
Thursday, September 24, 2015 beginning at 8:30 a.m. at the Isle of Wight
Volunteer Rescue Squad and that the draft agenda for said meeting be
approved. The motion was adopted by a vote of (5-0) with Super -visors
Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
A late item regarding Communities of Friendship between the County of Isle
of Wight, the Town of Smithfield, the City of Luohe, Henan, China and a
district within the City of Luohe was presented by County Administrator
Seward.
Supervisor Casteen moved to authorize the Chairman to send a letter of
invitation to the leadership of the City of Luohe to visit our communities.
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.
For the Board's information, the following matters contained in the agenda
were highlighted by County Administrator Seward: Monthly Reports: Tax
Levies & Collections as of July 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 Sheriffs
Monthly Activity Report/July 2015; Isle of Wight Cooperative Extension
Monthly Activity Report/July; Isle of Wight Website Statistics/July 2015;
Solid Waste Division Litter Pickup; Social Services Report; CIP Calendar;
and, VACo Region I Meeting.
UNFINISHED/OLD BUSINESS
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Regarding the issue of the petition for the payment of contributions to the
Carrollton/Windsor Volunteer Fire Departments, Supervisor Darden moved
that action be postponed until the Board's September 17, 2015 meeting. 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.
NEW BUSINESS
There were no new matters of business offered for discussion by the Board.
At 10:35 p.m., the Chairman declared the meeting adjourned.
OareWy&s isClerk
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R'Alphin/haii—rman