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02-18-2016 Regular MeetingREGULAR SCHEDULED 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, FEBRUARY EIGHTEENTH, 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 Sanford B. Wanner, Interim County Administrator Donald T. Robertson, Director of Information Resources and Legislative Affairs Carey Mills Storm, Clerk CALL TO ORDER/CLOSED MEETING At 5:00 p.m., the meeting was called to order by Chairman Alphin who requested County Attorney Popovich to identify all matters for closed meeting discussion. The following items for closed meeting discussion were noted: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia regarding discussion of the appointment of specific appointees to County boards, committees or authorities; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel employed and retained by this public body related to a specific legal matter requiring the provision of legal advice by such counsel related to the Benns Church intersection project; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to economic development incentive grants; pursuant to Section 2.2-3711(A)(3) regarding the disposition of publicly held real property where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body related to the Great Springs Road property; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel employed and retained by this public body regarding actual litigation requiring the provision of legal advice by such counsel related to the International Paper lawsuit. Supervisor McCarty moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich, which passed unanimously (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 return to open meeting, which passed unanimously (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 Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 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 McCarty and the Pledge of Allegiance to the Flag was conducted. APPROVAL OF AGENDA Supervisor Grice moved that the agenda be approved with the following amendments: Under Unfinished/Old Business, move the Sports Complex item to follow Citizens' Comments; under New Business, move the Rite Aid waiver item to follow Citizens Comments and add an issue concerning monthly Board work sessions and a request for an RFP; and, under the County Attorney's report, remove the Lawnes Pointe Subdivision water 2 system item and add an item pertaining to the assignment of timber rights. 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 The following citizens spoke in favor of the proposed sports complex: Michael Uzzle of the Hardy District; Rosa Turner, on behalf of the Rushmere Community Development Corporation; Dr. Milton Cook on behalf of Andrew Greggory, Vice -Chair, Smithfield Town Council; Herb DeGroft of 15491 Mill Swamp Road; Chris Kennedy, President, Smithfield Recreation; James Holt, Windsor Athletic Association; and, Duke VanSelow of Smithfield. Albert Burckard, representing the Isle of Wight County Historical Society, distributed a book authored by Helen Haverty King entitled Historic Isle o WiQlzt and requested the Board's assistance in preserving the Jordan Wombwell house, a historic landmark in the County. Chairman Alphin formerly introduced Sanford B. Wanner, the County's Interim County Administrator. SPORTS COMPLEX Responsive to a previous funding request by T. Carter Williams, Mayor, Town of Smithfield at the Board's January 21, 2016 meeting and subsequent action of the Board to table the request to allow for citizen feedback, it was noted that 91% of 800 public surveys returned to the County had been in favor of the sports complex; that there is a need for a long-term plan and each district to be given equal attention; that the complex would be a selling point for economic growth; and, that the County should be doing its financial share as the facility will be used by the entire County. Supervisor McCarty moved that the Interim County Administrator be authorized to enter into negotiations with interested parties to develop an appropriate funding and operational agreement as a condition precedent of the County's commitment of $250,000 towards the sports complex. 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. RITE AID WAIVER Supervisor McCarty moved that the Rite Aid waiver be approved 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. 3 CONSENT AGENDA A. Resolution - Accept and Appropriate Funding from VACoRP Risk Management for Repairs and Replacement of County Vehicles and Equipment B. Resolution - Accept and Appropriate Funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program C. Resolution - Accept and Appropriate Funds Received from the Commonwealth of Virginia Department of Criminal Justice Services D. Resolution - Rescind Prior Isle of Wight County Board of Supervisors' Motions to Provide Certain Economic Development Incentives which Have Not Been Reduced to Fully Executed Economic Development Incentive Grant Agreements E. Resolution - Designate March 14-18, 2016 as Agriculture Appreciation Week F. January 4, 2016 Organizational Meeting Minutes G. January 11, 2016 Called Special 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 Interim County Administrator Wanner reported on matters discussed at the most recent meeting of the Hampton Roads Planning District Commission. APPOINTMENTS Supervisor Jefferson moved that James Ford be reappointed to serve on the Planning Commission representing the Hardy District. 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 Herb DeGroft be appointed to serve on the Senior Services of Southeastern Virginia. 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. 4 Supervisor McCarty moved that Donald T. Robertson be appointed to serve as the ex -officio voting member on the Chamber of Commerce. 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 William G. Saunders, IV be reappointed to serve on the Planning Commission representing the Windsor District. 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 Thomas Duerig be appointed to serve on the Planning Commission representing the Smithfield District. 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 PRESENTATION/APPEARANCE A. Special Presentation - Resolution of Appreciation to Mr. Robert P. Parsons upon the Occasion of His Retirement Robert P. Parsons was publicly recognized and presented the following resolution which was adopted unanimously (5-0) by motion of Supervisor Acree with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION OF APPRECIATION TO ROBERT P. PARSONS UPON THE OCCASION OF HIS RETIREMENT WHEREAS, Robert P. Parsons has owned and operated Windsor Pharmacy, Inc. since October 1973 where he has faithfully served as Pharmacist. WHEREAS, Robert P. Parsons and family members have positively impacted the quality of life for those in the community and the Isle of Wight County Board of Supervisors wishes to recognize and commend Robert P. Parsons for his long-standing dedication and service; and, WHEREAS, Robert P. Parsons retired and subsequently sold Windsor Pharmacy, Inc. to CVS/Pharmacy on December 11, 2015. BE IT RESOLVED that the Isle of Wight County Board of Supervisors wishes to extend its best wishes to Robert P. Parsons upon his retirement and presents this Resolution as a token of its gratitude. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors orders that a copy of this Resolution be spread upon the minutes of this Board this 18"' day of February, 2016. W 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. B. Special Presentation — Western Tidewater Regional Jail William C. Smith, Superintendent of the Tidewater Regional Jail, provided a briefing on operations of the regional Jail. C. Special Presentation — Transportation Update The Board received a briefing by Joe Lomax, VDOT Franklin Residency Administrator, on paving, mowing and ditch maintenance of County roadways and the following concerns were relayed by the Board: Broken pavement/Reynolds Drive near Doggett Lane (Supervisor Acree); replacement of road signs on Reynolds Drive and Smiths Neck Road (Supervisor McCarty); request for speed limit sign/Stephens Drive (Chairman Alphin); Joyner's Bridge Road/collapse of pavement (Chairman Alphin). D. Special Presentation — Old Mill Intersection Signalization Update The Board received an update on the Old Mill intersection signalization project by Carroll Collins, P.E., Kimley-Horn Associates, which is at 90% design and will be forwarded to VDOT for review following this presentation. COUNTY ATTORNEY'S REPORT A. Request for Acknowledgement of Timber Rights County Attorney Popovich briefed the Board on the Timber Reservation provisions associated with land purchased by the County and part of the Deed of Bargain and Sale on property known as the Blackwater property. He recommended that the Board acknowledge Goodwood's sale pursuant to the Timber Reservation to Timberland Investment Resources, LLC. In response to Supervisor Grice, County Attorney Popovich offered to research if the property is located within an agricultural forestal district and Supervisor Acree moved that the Interim County Administrator be authorized to execute the Acknowledgement of Assignment of Timber Rights. 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. 6 B. Isle of Wight County Fair Committee By -Laws Revisions Responsive to a request by the Isle of Wight Fair Committee for revisions to their By -Laws involving the opening up of Executive Board membership to individuals who serve on the Committee and live outside the County and which clarifies those officers of the Committee which make up the Executive Board, Chairman Alphin moved that the proposed revisions to the Isle of Wight County Fair Committee By -Laws be approved and that the Chairman be authorized to execute same on behalf of the Board. 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. COUNTY ADMINISTRATOR'S REPORT A. AirBnB: Responsive to the Board's request to staff at its January 21, 2016 meeting for additional information on the issue of AirBnB, Richard Rudnicki, Assistant Director of Planning and Zoning, referred to the report contained in the agenda which outlines defined uses in the communities of Roanoke and Charlottesville. The Board was apprised that the citizen would qualify under the accessory residential use provisions already in place and would not require a Conditional Use Permit. B. Unpaved Roads Program Jamie Oliver, Transportation Planner, provided an overview of the County's Unpaved Roads program and policies for the Board's information. C. Legislative Update Donald T. Robertson, Director of Information Resources and Legislative Affairs, updated the Board on monitored legislation. D. County's Public Safety Radio System Replacement Following a presentation by Sheriff Mark Marshall on the need to replace the County's public safety radio system, Supervisor McCarty moved to authorize the Interim County Administrator to enter into an agreement with Engineering Associates, LLC. 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. E. Water Agreement/Town of Smithfield Responsive to direction to staff by the Board at its January 21, 2016 meeting for recommendations regarding the Town of Smithfield's interest in the 7 purchase of water, Supervisor Grice moved that the Interim County Administrator be directed to facilitate a meeting of the Smithfield Intergovernmental Relations Committee for discussion and negotiation on a water agreement with the Town of Smithfield. 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. Convenience Center Schedule Mr. Robertson informed the Board that a meeting of the Public Works Committee is being rescheduled to discuss the issue of convenience center schedules and that the Board should anticipate a report forthcoming on the Committee's recommendations at its March 17, 2016 meeting. G. County Administrator Search Process Interim County Administrator Wanner provided a copy of a proposal from an executive search firm for the Board's information and consideration relative to the County's search process for a permanent County Administrator and he was advised by Chairman Alphin that the matter will be addressed at the Board's March 17, 2016 meeting. H. Matters for the Board's Information Mr. Wanner provided a highlight of the following matters for the Board's information: Monthly Reports - Tax Levies & Collections as of December 2015/Cash Position/Statement of the Treasurer's Accountability; Isle of Wight County Monthly Fire/EMS Report — Incidents by Zone; Isle of Wight County Sheriff's Monthly Activity Report/January 2016; Isle of Wight Website Statistics/January 2016; Solid Waste Division Litter Pickup; Isle of Wight Extension Report/January 2016; Quarterly Financial Report - 2"J Quarter; Water Meter Replacement Notice; and, the Isle of Wight County Museum Report/January 2016. The Board was apprised that the County's website is being updated to reflect improved terminology with respect to overpayment of taxes. OLD BUSINESS Mr. Robertson provided a summary of staff's action to or status of an issue relayed to the Board at its January 21, 2016 meeting by Mr. Hernandez. NEW BUSINESS A. Request for Conveyance of Well Lot to United Methodist Church County Attorney Popovich presented a request from United Methodist Church for conveyance of a well lot, Supervisor McCarty moved that staff be authorized to advertise for public hearing the conveyance of the well lot to United Methodist Church as requested. 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. B. Work Session/Board of Supervisors Following a recommendation by Supervisor Grice relative to the Board to conduct work sessions for the purpose of open dialogue with County Department Heads and the Board being brought up-to-date on functions within the Offices of Budget & Finance; Safety & Emergency Services; Economic & Community Development; Utilities; Public Services; Inspections; Human Resources; Information Technology; Parks & Recreation; and, Tourism (with an invitation to the Commissioner of Revenue, Chairman of the Fire & Rescue Association and School Board, Sheriff and Treasurer), Supervisor McCarty moved that the Board set its first work session on March 7, 2016 at 1:00 p.m. in the Board Room. 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. RFP Request/Water Using Industries Responsive to Chairman Alphin's request for additional information, Supervisor Grice directed staff to research and report back to the Board whether or not an RFP should be issued to solicit water -using industries for location in the Shirley T. Holland Industrial Park. ADJOURNMENT At 10:15 p.m., the Chairman declared the meeting adjourned. I V a Y'� � N Carey ills St rm, Clerk 7 4411 Rex W. Alphin, Chairman