01-21-2016 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM
OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY,
JANUARY TWENTY FIRST IN THE YEAR TWO THOUSAND AND
SIXTEEN AT 5:00 P.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice -Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Mark C. Popovich, County Attorney
Donald T. Robertson, Acting County Administrator
Carey Mills Storm, Clerk
CALL TO ORDER/CLOSED MEETING
Chairman Alphin called the meeting to order at 5:00 p.m.
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-311(A)(1) of the Code of Virginia concerning a discussion concerning
the appointment of a specific public appointees to County boards/committees
or authorities; pursuant to Section 2.2-3711(A)(5) concerning a discussion
regarding a prospective business or industry where no previous
announcement has been made of the business' interest in locating its facilities
in the community; pursuant to Section 2.2-3711(A)(7) concerning
consultation with legal counsel requiring the provision of legal advice
regarding actual litigation where such consultation is open session would
adversely affect the negotiating position of the public body with respect to a
lawsuit filed by International Paper; and, pursuant to Section 2.2-3711(A)(7)
concerning consultation with legal counsel employed by the public body
regarding a probable litigation where such consultation in open session
would adversely affect the negotiating position of the public body regarding
a retaliation claim.
Supervisor McCarty moved that the Board enter the closed meeting for the
reasons discussed by County Attorney Popovich. The motion was adopted
by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Acree moved that the Board return to open session. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Jefferson moved that the Board adopt the following Resolution:
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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: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
At 6:00 p.m., the invocation was delivered by Supervisor Jefferson followed
by the Pledge of Allegiance to the Flag.
APPROVAL OF AGENDA
Supervisor Jefferson moved that the agenda be adopted as amended moving
Citizens Comments prior to the Consent Agenda and Andrew Gregory's
presentation before Carter Williams' presentation under Special
Presentations. The motion was adopted by a vote of (5-0) with Supervisors
Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
CITIZENS' COMMENTS
Sandra Hess of Carrollton requested the requirements associated with a
Conditional Use Permit variance for bed and breakfast establishments be
reviewed.
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Supervisor McCarty requested that staff look into Ms. Hess' stated concern.
Barry Butler, Government Relations Specialist, provided the mission
statement of the Peninsula Housing & Building Association and thanked the
Board for its service to the citizens.
Michael Uzzle of the Hardy District welcomed the new Board members and
asked them to keep in mind their campaign pledge as they carry out the
business of the County.
Sam Cratch of the Windsor District welcomed the new Board members.
Jose Hernandez of Carrollton advised the Board on events leading up to and
associated with the recent installation of a new water meter; the sanitation
practices used by the County to ensure the sanitary delivery of water; and his
receipt of a delinquent tax notice from the County dated November 7, 2015,
Chairman Alphin requested Mr. Robertson to investigate Mr. Hernandez's
concern and provide a report regarding same back to the Board.
Vicky Hulick of the Newport district, newly elected School Board member,
welcomed the new Board members and expressed her desire for a good
working relationship between the School Board and Board of Supervisors in
the future.
Judson West, Deputy Chief, Carrsville Volunteer Fire Department and
Chairman of the County's Fire & Rescue Association, addressed the Board
regarding the importance of funding for apparatus and equipment in the
FY2016 CIP and 460 project
Shelley Perry commented on the need for alternatives to deal with traffic
congestion and construction in the County.
Herb DeGroft voiced approval of the County's recent hire of Sanford Wanner
as Interim County Administrator; commented on the need for a less onerous
water payment on the front end for the County to the Western Tidewater
Water Authority and recommended that the bike/walk path from Cypress
Creek to Nike Park be deferred.
Maggie Richards, Hardy District, noted her approval of the Citizens
Comments period being moved to the beginning of Board meetings and the
changes to the Board's By -Laws and Rules of Procedure.
CONSENT AGENDA
A. Resolution to Recognize the Contributions of a County Fair Committee
Member
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B. STOP Organization Certificate of Recognition
C. Resolution to Accept and Appropriate Funding from VACoRP Risk
Management for Repairs to a Sheriff's Office Vehicle
D. December 17, 2015 Regular Meeting Minutes
Supervisor Jefferson moved that the Consent Agenda be adopted as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
REGIONAL REPORTS
A report was offered by Supervisor Jefferson on issues related to the Western
Tidewater Jail Authority followed by a briefing by Chairman Alphin on items
discussed at the most recent meeting of the Hampton Roads Transportation
Commission.
APPOINTMENTS
Supervisor McCarty moved that Brenda Reynolds be appointed to replace Pat
Clark representing the Newport District on the Commission on Aging. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor McCarty moved that Thomas Finderson be appointed to replace
Mary Jane Richter representing the Newport District on the Commission on
Aging. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Grice moved that Denise Tynes be appointed to replace Debra
Frank representing the Smithfield District on the Commission on Aging. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor McCarty moved that the following Board members be appointed
to serve on the following Board Committees for 2016:
Public Works (Trash, Bldg., Refuse, Fleet) Acree
McCarty
Community Development (E.D., Planning, Grice
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Inspections, Utilities) Alphin
Joint Tourism Grice
McCarty
Parks, Recreation & Cultural Jefferson
Alphin
Personnel Jefferson
McCarty
Public Safety
Jefferson
(Fire, EM, 911, Sheriff)
Acree
Franklin Intergovernmental Relations
Acree
Alphin
Smithfield Intergovernmental Relations
Jefferson
Grice
Windsor Intergovernmental Relations Acree
Alphin
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin moved that the following Board members be appointed TO
the following regional organizations:
H.R. Economic Development Alliance Grice
H.R. Military Federal Facilities Alliance McCarty
H.R. Planning District Commission Alphin
Wanner
H.R. Trans. Accountability Comm. Chair
H.R. Transportation Planning Org. Alphin
Jefferson/Alt.
Southeastern Public Service Authority Popovich
Tony Wilson/Alt.
Western Tidewater Regional Jail Alphin
Jefferson
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Western Tidewater Water Authority Grice
Acree
Popovich/Alt.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Acree moved that Sanford Wanner, the County's incoming
Interim County Administrator, be appointed to the Hampton Roads Planning
District Commission. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
SPECIAL PRESENTATIONS/APPEARANCE
A. Town of Smithfield/Water Agreement Discussion
Andrew C. Gregory, Vice -Mayor, Town of Smithfield, addressed the Board
regarding the need for discussions between the County and the Town of
Smithfield on a proposed water and sewer agreement.
The consensus of the Board was that the matter be tabled for staff's review
and recommendation back to the Board of the documents submitted by Mr.
Gregory.
B. Town of Smithfield - Snorts Complex
A request was presented by T. Carter Williams, Mayor, Town of Smithfield,
for funding from the County in the amount of $250,000 for a sports complex
to be built on Town of Smithfield property.
Supervisor Acree moved that the Town of Smithfield's funding request be
tabled to allow for citizen feedback. The motion was adopted by a vote of (5-
0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
C. 2015 Isle of Wight County Fair Awards
Danny Byrum, Isle of Wight County Fair Committee Chairman, addressed
the Board regarding the awards received by the County in association with
the 2015 Isle of Wight County Fair,
D. Recognition of Carrsville Elementary School as a Distinguished Title I
School
Chairman Alphin moved that the following Resolution be adopted:
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RESOLUTION TO RECOGNIZE CARRSVILLE ELEMENTARY
SCHOOL'S DESIGNATION AS A DISTINGUISHED TITLE I SCHOOL
WHEREAS, Title I of the Elementary and Secondary Education Act — which
Congress reauthorized through passage of the Every Student Succeeds Act of
2015 — authorizes federal funding for programs to raise the achievement of
students identified as being at risk of academic failure; and,
WHEREAS, Title I Distinguished schools are recognized for meeting all
state and federal accountability requirements for two consecutive years and
achieving reading and mathematics SOL pass rates at 60th percentile or
higher; and,
WHEREAS, Carrsville Elementary School is among 55 schools being
honored by the Virginia Board of Education for raising the academic
achievement of economically disadvantaged students; and,
WHEREAS, Carrsville Elementary has been recognized as a Distinguished
Title I School seven times in the last eight years, and in 2013 they were
honored as a National Blue Ribbon School; and,
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors does hereby recognize the designation of Carrsville
Elementary School as a Distinguished Title I School.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
PUBLIC HEARING
Resolution to Adopt the FY2017-2026 Capital Improvements Plan
Mr. Robertson advised that a brief description of each project is contained in
the Board's agenda.
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed Plan.
Shelley Perry of 13458 Melissa Drive asked the Board to keep in mind needs
versus wants.
Rosa Turner of 4820 Old Stage Highway encouraged the Board to allocate
funds for projects within the Hardy District.
Herb DeGroft of 15411 Mill Swamp Road recommended that a study be
conducted prior to any new school being built.
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The public hearing was closed by Chairman Alphin who then called for
comments from the Board.
By motion of Supervisor Grice, which was adopted by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion, action on the CIP
was tabled until questions regarding certain projects and the method utilized
for prioritization of projects in the Plan are addressed and returned to the
Board at a later date.
COUNTY ATTORNEY'S REPORT
Claim for Reimbursement — Windsor and Carrollton Volunteer Fire
Departments
Following a PowerPoint presentation by County Attorney Popovich which
outlined the history associated with the request by representatives of the
Carrollton & Windsor Volunteer Fire Departments for reimbursement of
legal fees associated with those Department's Facility Use Agreements, he
recommended that the Board defer action of this matter until the Board's
February 18, 2016 meeting to allow him to analyze materials already
submitted from those Departments and to request additional information for
audit purposes.
Written Conflict of Interest Act disclosures were provided to the Clerk by
Supervisor Acree, as Chief of the Carrollton Volunteer Fire Department and
Supervisor Jefferson with regard to the Rushmere Volunteer Fire
Department.
Supervisor McCarty moved that the Carrollton and Windsor Volunteer Fire
Departments be reimbursement for all legal fees with the caveat that they
present necessary documents and that staff be directed to prepare a resolution
appropriating $29,868.64 from the County's Unassigned Fund Balance. The
motion was adopted by a vote of (3-2) with Supervisors Acree, Grice and
McCarty voting in favor of the motion and Supervisors Alphin and Jefferson
voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
A. Staff Report — Transportation
Jamie Oliver, Transportation Coordinator, provided a briefing relative to
operations and administration of the Locally Administer Project (LAP)
Program and associated funding sources.
B. Resolution — Opposition to the Recommended Preferred Alternative to
U. S. 460
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Supervisor Acree moved that the following Resolution be adopted:
RESOLUTION TO OPPOSE THE RECOMMENDED PREFERRED
ALTERNATIVE TO U.S. 460
WHEREAS, Isle of Wight County recognizes that the U.S. 460 Corridor
Improvement Project is intended to benefit the long term interests of the
Commonwealth; and,
WHEREAS, Isle of Wight County acknowledges that specific constraints,
including environmental issues, limit the location of the proposed corridor
improvements in Isle of Wight County; and,
WHEREAS, Isle of Wight County is a constructive partner regarding U.S.
460 corridor improvements that seek to benefit the welfare of various local,
regional and statewide interests and stakeholders, including the Port of
Virginia; and,
WHEREAS, several of the Port of Virginia's largest customers are located in
Isle of Wight County and have a demonstrated need to access the U.S. 460
Corridor Improvements in order to provide safe and efficient transport of
their increasing freight traffic to and from the Port from the County's Shirley
T. Holland Intermodal Park; and,
WHEREAS, the Shirley T. Holland Intermodal Park has 974 developable
acres planned and zoned for future industrial development which will
necessarily generate additional employee and freight traffic; and,
WHEREAS, the future expansion of the Shirley T. Holland Intermodal Park
is a vital component of Isle of Wight County's sustained economic viability;
and,
WHEREAS, at its special meeting on February 11, 2015, the Board of
Supervisors of Isle of Wight County adopted a resolution to support approval
of the proposed location of the seventeen (17) mile recommended Preferred
Alternative to U.S. 460 dated January 13, 2015, subject to five (5) specific
conditions critical to the long-term interests of our community; and
WHEREAS, VDOT submitted a Joint Permit Application to the U.S. Army
Corps of Engineers on November 30, 2015 containing a refined corridor
description which had not been previously submitted to, reviewed by, or
otherwise shared with Isle of Wight for comment; and
WHEREAS, upon review such refinement specifically excludes reasonable
access at Isle of Wight's previously identified critical points, which were a
crucial condition of the County's previous support;
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia expresses its
objection to the Joint Permit Application package submitted for public
review on November 30, 2015 without County input on design changes.
IT IS HEREBY FURTHER RESOLVED that the Board of Supervisors
expresses its opposition to the Recommended Preferred Alternative to U.S.
460, as detailed in the recently release permit application package.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
C. Staff Report - Legislative Update
Donald T. Robertson, Acting County Administrator, briefed the Board
regarding bills Senator Lucas has agreed to patron in the 2016 session of the
General Assembly, noting that similar bills would be carried in the House of
Delegates by Delegate Tyler.
D. Staff Report — Quarterly Financial Report for 2"`' Quarter of FY2016
Michael W. Terry, Director of Budget and Finance, addressed the Board
regarding information compiled relative to the County's financial
performance for the 2"d Quarter ended of FY2016.
E. Motion to Set a Special Meeting
Responsive to a request for a special meeting by Mr. Robertson for the
purpose of training for the Board on the County's budget process, Supervisor
McCarty moved that the Board set a special meeting for the purpose of
discussing the Southeastern Public Service Authority and to receive training
relative to the upcoming budget process on Thursday, February 4, 2016 at
10:00 a.m. and that staff be directed to invite representatives from Davenport
& Company. The motion was adopted by a vote of (5-0) with Supervisors
Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
F. Matters for the Board's Information
Acting County Administrator Robertson highlighted the following items
included in the agenda for the Board's information: 1.) Monthly Reports/Tax
Levies & Collections as of December 2015/Cash Position and Statement of
the Treasurer's Accountability; 2.) Isle of Wight County Monthly Fire/EMS
Call Summary and Other Statistics FY 2015/2016; 3.)Isle of Wight Website
Statistics/December 2015; 4.) Solid Waste Division Litter Pickup; and, 5.)
and Isle of Wight Extension Report/December 2015
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UNFINISHED/OLD BUSINESS
A. RFP/Gatlina Pointe Waterline
Following discussion by the Board regarding it not being the right time to
move forward with this project; the length of time it would take for the
County to recoup its investment; and, that this project should be considered
as part of the Comprehensive Plan, the consensus of the Board was to not
take action.
B. Board of Supervisors' BY -Laws and Rules of Procedure
Following a report from County Attorney Popovich on proposed changes
recommended by the Board's By -Laws and Rules of Procedure Committee
and a recommendation from the Chairman regarding appointments to
standing or ad-hoc committees, Supervisor McCarty moved that the By -Laws
and Rules of Procedure be adopted as amended. The motion was adopted by
a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
NEW BUSINESS
A. Wooden Partition/Robert C. Claud, Sr. Board Room
Supervisor Acree moved that the wooden partition be removed in the Board
Room which separates the Board from the public it serves. The motion was
adopted by a vote of (4-1) with Supervisors Acree, Alphin, Grice and
McCarty voting in favor of the motion and Supervisor Jefferson voting
against the motion.
B. Audit of December 2015 Budget Projections
In recognition of the Board's decision tonight to conduct a special meeting
on February 4, 2016 to discuss the upcoming budget process; to receive a
presentation by Davenport & Company; and, due to the Director of Budget
and Finance's presentation earlier tonight, it was the consensus of the Board
that it not take action on this matter.
C. Convenience Center Schedule
Chairman Alphin requested staff to return with recommendations for a
revised schedule at the Board's February 18, 2016 meeting.
D. Hiring Freeze (County Managerial Positions)
Supervisor Grice moved that the following positions be placed on hold until
the arrival of the Interim County Administrator on February 1, 2016:
Director of Parks & Recreation; Assistant to the County Administrator;
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Sanitation Supervisor; and, the Special Projects Manager. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson
and McCarty voting in favor of the motion and no Supervisors voting against
the motion.
ADJOURNMENT
At 9:45 p.m., the meeting was declared adjourned by Chairman Alphin.
Rex W. Alphin, Chairman
Carey 10ills Arm, Clerk