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12-17-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF DECEMBER 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 Al 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., Chairman Alphin called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning the appointment of specific appointees to County boards/committees or authorities; pursuant to Section 2.2-3711(A)(1) concerning the extension of a specific public appointee's contract; and, pursuant to Section 2.2-3711(A)(5) regarding a prospective business or industry where no previous announcement has been made of the business' interest in locating its facilities in the community. Supervisor Bailey moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. 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 the Board return to open 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. 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 11 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, Jefferson, Casteen, Bailey and Darden NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. N At 6:00 p.m., Chairman Alphin delivered the invocation and lead the Pledge of Allegiance to the Flag. N APPROVAL OF AGENDA Supervisor Casteen moved that the 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. CONSENT AGENDA Supervisor Darden moved that the Consent following Consent Agenda be adopted as presented: A. November 19, 2015 Regular Meeting Minutes B. Donation of Land Request from Shirley Branch Braswell C. Resolution to Recognize Alvin Wilson for his Service on the Board of Zoning Appeals 2 D. Request for Letter of Support from the Town of Windsor for an Application to the Citizens Institute on Rural Design for Downtown Planning and Design Assistance 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. H REGIONAL REPORTS Supervisor Jefferson reported on the promotion of the first female being promoted to the rank of Captain since the establishment of the Western Tidewater Regional Jail. He commended County Administrator Seward for her vital contributions to the Jail's financial operation and provided information regarding the Jail's Operating Budget; the County's utilization of inmates; the Jail's ongoing efforts relative to energy savings; and, advised that the Jail's annual financial audit had revealed an excellent rating. Chairman Alphin reported on funding options identified at the most recent meeting of the Hampton Roads Transportation Accountability Commission Finance meeting responsive to transportation needs in the Hampton Roads region and elaborated on the nine projects identified by TAC for funding. APPOINTMENTS Chairman Alphin moved that Cynthia R. Smith be appointed to the Commission on Aging representing the Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCE In recognition of Supervisor Bailey's contributions during his tenure on the Board, Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND COMMEND BYRON B. "BUZZ" BAILEY WHEREAS, Byron B. "Buzz" Bailey has served as a member of the Isle of Wight County Board of Supervisors from January 2012 through December 2015; and, 3 WHEREAS, during his tenure, Mr. Bailey has served as Chairman and Vice - Chairman of the Board of Supervisors; and, WHEREAS, Mr. Bailey has been a catalyst to promote and enhance successful community and regional partnerships, to include, but not limited to, his service on the Hampton Roads Mayors and Chairs Caucus, Southside Mayors and Chairs Caucus, Hampton Roads Economic Development Alliance, and Western Tidewater Regional Jail Authority; and, WHEREAS, his contributions and dedication have materially improved the duality of life for the citizens of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Byron B. "Buzz" Bailey be recognized and commended for his outstanding service to the Board and the citizens of Isle of Wight, and is presented this Resolution as a token of the Board's gratitude and esteem. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Byron B. "Buzz" Bailey its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board meeting this 17th day of December 2015. The motion was adopted by a vote of (4-0-1) with Supervisors Alphin, Casteen, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bailey abstaining from voting on the motion. In recognition of Supervisor Casteen's contributions during his tenure on the Board, Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND COMA END ALAN E. "AL" CASTEEN WHEREAS, Alan E. "Al" Casteen has served as a member of the Isle of Wight County Board of Supervisors from January 2008 through December 2015; and, WHEREAS, during his tenure, Mr. Casteen has served as Chairman of the Board of Supervisors; and, WHEREAS, Mr. Casteen has been a catalyst to promote and enhance successful community and regional partnerships, to include, but not limited to, his service on the Coalition of High Growth Communities, Hampton Roads Economic Development Alliance, Hampton Roads Mayors and Chairs Caucus, Hampton Roads Partnership, South Hampton Roads Resource Conservation and Development Council, Western Tidewater Regional Jail 0 Authority, Western Tidewater Water Authority and the Isle of Wight County Social Services Board; and, WHEREAS, his contributions and dedication have materially improved the quality of life for the citizens of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Alan E. "Al" Casteen be recognized and commended for his outstanding service to the Board and the citizens of Isle of Wight, and is presented this Resolution as a token of the Board's gratitude and esteem. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Alan E. "Al" Casteen its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board meeting this 17th day of December 2015. The motion was adopted by a vote of (4-0-1) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen abstaining from voting on the motion. In recognition of Supervisor Darden's contributions during her tenure on the Board, Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND COMMEND DELORES C. "DEE DEE" DARDEN WHEREAS, Delores C. "Dee Dee" Darden has served as a member of the Isle of Wight County Board of Supervisors from January 2012 through December 2015; and, WHEREAS, during her tenure, Mrs. Darden has served as Vice -Chairman of the Board of Supervisors; and, WHEREAS, Mrs. Darden has been a catalyst to promote and enhance successful community and regional partnerships, to include, but not limited to, her service on the Hampton Roads Planning District Commission, the Hampton Roads Transportation Planning Organization, the Hampton Roads Military and Federal Facilities Alliance, and the Western Tidewater Water Authority; and, WHEREAS, her contributions and dedication have materially improved the quality of life for the citizens of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Delores C. "Dee Dee" Darden be recognized and commended for her outstanding service G to the Board and the citizens of Isle of Wight, and is presented this Resolution as a token of the Board's gratitude and esteem. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Delores C. "Dee Dee" Darden its best wishes for her future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board meeting this 17th day of December 2015. The motion was adopted by a vote of (4-0-1) with Supervisors Alphin, Bailey, Casteen and Jefferson voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Darden abstaining from voting on the motion. CITIZENS' COMMENTS Carita Richardson, Mayor, Town of Windsor, distributed a copy of a letter addressed to the Army Corps of Engineers (COE) relaying the Town of Windsor's request for a 60 -day extension to the January 5, 2016 COE's Route 460 bypass project comment period. She advised that an interchange is no longer being proposed at Route 258 and requested that the Board give consideration to sending a letter to the COE supporting the Town of Windsor's request for the 60 -day extension. Dick Grice of Smithfield spoke in favor of the Town of Windsor's request for a 60 -day extension to the Corps of Engineers Route 460 bypass project comment period so that the impact of any changes can be ascertained. He recommended that the Board take action tonight to reverse its support of the northern route as amended by VDOT in its December 3, 2015 public notice. Herb DeGroft of Mill Swamp Road voiced his opposition to the Board's action taken at its November 17, 2015 meeting concerning the resignation of County Administrator Seward and the authorization of a six -month's severance payment of $80,070. He further expressed opposition to the County providing bulk increases responsive to the County's adopted Pay & Classification Study. He expressed dissatisfaction regarding the County's failure to offer a motion to renegotiate the Western Tidewater Water Authority Water Agreement fees. Dale Scott, Windsor Volunteer Fire Department member, presented a request for reimbursement of attorney fees incurred by the Carrollton and Windsor Volunteer Fire Departments in association with those agency's recently adopted Facilities Use Agreements. Judson West, Deputy Chief, Carrsville Volunteer Fire & Rescue, spoke in support of the Carrollton and Windsor Volunteer Fire Department's request represented by Dale Scott. 6 Pete Green of Mill Swamp Road addressed the Board's recommended Route 460 realignment project route of ten years ago which included the elimination of his and other property owners' homes. He recommended that counties be excluded from involvement in Army Corps of Engineers/VDOT projects. He commented that the County will never recoup its cost related to broadband access for County residents and businesses and he recognized Supervisors Bailey, Casteen and Darden for their contributions while serving on the Board. Fred Mitchell, Newport District, requested reimbursement of legal fees incurred by the Carrollton and Windsor Volunteer Fire Departments associated with their Facilities Use Agreements. COUNTY ATTORNEY'S REPORT County Attorney Popovich presented Memorandums of Agreement with the County's five (5) Constitutional Officers which are set to expire at the end of their respective current terms which places their employees under the County's Pay and Compensation Plan and requires them to follow County policies with the exception of the grievance and disciplinary policies. Supervisor Casteen moved that the Chairman be authorized to execute a Memorandum of Agreement related to compliance with County policies by each of the County's five Constitutional Officers, 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. County Attorney Popovich requested the Board's review and feedback relative to suggested revisions to its By -Laws and Rules of Procedure prior to the Board's organizational meeting of January 4, 2016. COUNTY ADMINISTRATOR'S REPORT Richard Rudnicki, Assistant Director of Planning and Zoning, provided a presentation relative to the status of major developments within the County. Jason Gray, Director of Information Technology, provided a status of broadband access options in the County for its citizens and businesses. Don Jennings, P.E., Director of Utility Services, briefed the Board regarding the contents of the Chesapeake Bay Action Plan submitted/approved and the potential ramifications of the Department of Environmental Quality's approval of said Plan. Mr. Jennings provided a presentation on options and staff's recommendation associated with proceeding with an in-house design of a waterline extension project at Lawnes Pointe to serve the Rushmere Shores community. 7 Supervisor Casteen moved that staff be authorized to proceed with the in- house design of the proposed Lawnes Point waterline. 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 Seward provided a PowerPoint presentation on the proposed FY2017-2026 Capital Improvements Plan (CIP), recommended by the Planning Commission, which explained the Plan's purpose; development process; five-year fund summary; five-year expenditures; and, five-year revenue sources. Mr. Jennings briefed the Board regarding major utility projects proposed in the first five years of the FY2017-2026 Capital Improvements Plan. Mark Furlo, Director of Parks and Recreation, provided a briefing of the following projects identified in the first five years of the 2017-2026 Capital Improvements Plan: Tyler's Beach development; Heritage Park Amphitheater; and, the Heritage Park Community Events Center. Tony Wilson, Director of Public Works, briefed the Board on proposed improvements to County buildings and facilities which are included in the first five years of the FY2017-2026 Capital Improvements Plan. Chief Jeff Terwilliger, Director of Emergency Management, briefed the Board on the following public safety projects contained in the first five years of the 2017-2026 Capital Improvements Plan: Fire/EMS apparatus replacement; fire/EMS facilities; and, the replacement of the E-911 radio system. County Administrator Seward provided an overview of the following school - related projects included in the first five years of the 2017-2026 Capital Improvements Plan: Hardy Elementary School sewer improvements; a new northern middle school; and, upgrades to the Smithfield High School. Jamie Oliver, Transportation Planner, provided a brief overview of the following road projects included in the first five years of the 2017-2026 Capital Improvements Plan: Reconstruction of Route 620; paving of one mile of Morgart's Beach Road; turn lane on Turner Drive; an extension on Nike Park Road; and, the reconstruction of Route 603. Tom Elder, Director of Economic Development, briefed the Board on development of a series of Shirley T. Holland permit ready sites that are listed in the first five years of the FY2017-2026 Capital Improvements Plan. Supervisor Bailey moved that a public hearing on the Capital Improvements Plan be set for the Board's January 21, 2016 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. Following an update from Jamie Oliver, Transportation Planner, on VDOT's proposed Route 460 connector project, Supervisor Bailey moved that the Board authorize staff to provide a strongly worded letter of opposition to VDOT and the CTB expressing the crucial nature of the access they have reduced and/or eliminated and the Board's disappointment in their complete and total lack of communication and collaborative decision making on this project which is a critical component of community planning and support the Town of Windsor's request to the Corps of Engineers for a 60 -day extension on its comment period. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The Board received a legislative update from Donald T. Robertson, Director of Information Resources and Legislative Affairs. County Administrator Seward provided a PowerPoint presentation on the FYI 5-16 Operating and Capital Budget, as it relates to the County's three- year plan to balance its budget which projects $86k in operating surplus in FYI with no operating deficit or draw from the Fund Balance. County Administrator Seward distributed copies of Virginia Business Magazine provided by the Director of Economic Development which contains an article highlighting the County. She brought the Board's attention to the following items contained in the agenda for the Board's information: Monthly Reports regarding Tax Levies & Collections as of November 2015/Cash Position/Statement of the Treasurer's Accountability; Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2015'2016; Isle of Wight Sheriff's Monthly Activity Report/November 2015; Isle of Wight Website Statistics/November 2015; Solid Waste Division Litter Pickup; Isle of Wight Extension Report/November 2015; Quarterly Financial Report, 1st Quarter FY16 and Presentation; Distinguished Budget Presentation Award; and, the United Way Campaign. Ms. Seward advised that Mark Furlo, Director of Parks and Recreation, has accepted a position with the City of Portsmouth as its Director of Parks and Recreation and that Charles Meek, Assistant to the County Administrator, has accepted employment with the City of Suffolk as its Budget Officer. NEW BUSINESS County Administrator Seward was recognized by the Board for her contributions to the County during her tenure as County Administrator. 9 It was the consensus of the Board that action on the request for reimbursement of legal fees associated with the Facility Use Agreements for the Carrollton and Windsor Volunteer Fire Departments be deferred until the arrival of the three new Board members in January 2016. I °f Supervisor Jefferson moved that Donald T. Robertson be appointed as the Acting County Administrator effective January 1, 2016 at 12:01 a.m. 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 Michael Terry's contract be extended for a period of one year effective January 1, 2016. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion and Supervisor Casteen voting against the motion. Supervisor Bailey moved that the meeting be adjourned at 9:00 p.m. Carey MIs Sto , Clerk 10