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
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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.
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At 6:00 p.m., Chairman Alphin delivered the invocation and lead the Pledge
of Allegiance to the Flag.
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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
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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.
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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,
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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
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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
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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.
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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.
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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.
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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.
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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
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