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
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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.
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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.
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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.
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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.
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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
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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
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Rex W. Alphin, Chairman