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03-17-2016 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, THE SEVENTEENTH DAY OF MARCH 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 ORDERICLOSED MEETING The meeting was called to order by Chairman Alphin and the following matters were identified by County Attorney Popovich for discussion in closed meeting under the Freedom of Information Act: Pursuant to Subsection 2.2-3711(A)(1), a discussion regarding the appointment of specific appointees to County Boards, Committees or Authorities and discussion regarding the performance of a specific public appointee; and, pursuant to Subsection 2.2-3711(A)(7), for consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel regarding the waste disposal system at Lawnes Point and for consultation with legal counsel regarding an actual litigation matter related to the International Paper lawsuit. Supervisor Jefferson 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 Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved that the Board return to open meeting. 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 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., Chairman Alphin delivered the Invocation and led the Pledge of Allegiance to the Flag. APPROVAL OF AGENDA On motion of Supervisor McCarty, the agenda was adopted with the removal of Item (B), Authorization for Survey Work for Lawnes Point Waterline Extension, under New Business 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 Fred Mitchell of Sugar Hill Road commented on inaccuracies within the Isle of Wight County Monthly Fire/Emergency Medical Services (EMS) Report Incidents by Zone under the County Administrator's report which does not credit volunteers. Ray Betterton requested that the 100 foot setback be reduced to 50 feet and the $750 fee be waived on property he owns and wishes to build upon known as parcel 3905005 (13604 Bowling Green Road). 2 Chairman Alphin requested Interim County Administrator to ensure proper protocol is followed by staff with regard to Mr. Betterton's issue. CONSENT AGENDA On the motion of Supervisor McCarty, the following Consent Agenda was adopted as presented 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: A. Resolution - VoIunteer Recognition Week B. Resolution - Designate April as Clean Rivers Month C. Authorize the Interim County Administrator to Sign Contracts for the 2016 County Fair and Special Events D. Resolution to Accept and Appropriate Technology Trust Funds (TTF) in the Amount of Seven Thousand Dollars ($7,000) to Automate Land Records and Provide Secure Remote Access to Land Records E. Resolution to Accept and Appropriate Funding in the Amount of One Thousand Nine Hundred and Twenty-two Dollars ($1,922) from VACORP Risk Management for Repairs to a County Vehicle F. January 21, 2016 Regular Meeting Minutes G. February 4, 2016 Special Meeting Minutes H. February 18, 2016 Regular Meeting Minutes REGIONAL & INTER -GOVERNMENTAL REPORTS Interim County Administrator Wanner reported on a presentation received at the most recent meeting of the Hampton Roads Planning District Commission relative to the need for critical improvements in areas of communication, homeland security, incident management, mass transit, target hardening and sheltering capabilities in the Hampton roads region. He advised that a report on General Assembly action with regard to issues raised by the Commission had also been received. Interim County Administrator Wanner distributed briefing sheets outlining critical projects in the Hampton Roads region and reported that the Hampton Roads Transportation Planning Organization had received a briefing regarding signature paths. He advised of Chairman Alphin's appointment to the Technical Advisory Committee (TAC) Finance Committee. 0 Supervisor Jefferson reported on operations of the Western Tidewater Regional Jail which has expended 57.5% of its allocated budget; approved its 2017 Operating Budget; and, has a 20% employment turnover rate with 10% of its employees residing in the County. He further reported that Jail inmates were utilized by the County for 405.5 man hours and that an agreement is in the process of being developed to address liability issues associated to the utilization of such inmates while performing duties for localities. He advised that additional revenue for the Jail is anticipated as a result of the Jail entering into a contract with Southampton County to house female inmates. APPOINTMENTS Supervisor McCarty moved that Supervisor Grice be appointed as the Board's representative 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 Jefferson moved that Hazel Edwards be reappointed to the Southeastern Tidewater Opportunity Project. 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 Chairman Alphin be appointed as the Board's representative on the Agricultural Forestal District Advisory Council. 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 Len Alphin be reappointed to represent the Windsor District on the Economic Development Authority. 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 to appoint Supervisor McCarty as the Board's liaison on the Social Services 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. Chairman Alphin moved that Diana Beale be reappointed to represent the Carrsville District on the Economic Development Authority. 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 Mark E. Brown be reappointed to represent the Newport District on the Wetlands Board. The motion was adopted by a a1 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 Ruth Hartsfield be reappointed to represent the Windsor 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. SPECIAL PRESENTATIONS/APPEARANCES A. Historic Garden Week Tour Betsy Brantley, Chairman, Historic Garden Week Tour, reported on the Historic Garden Week Tour and the anticipated impact on tourism as a result of the Tour. B. Agricultural Update Janet Spencer, Extension Agent, reported on agricultural activities in the County. C. Sustainable Water Recycling Ted Henifin, General Manager, Hampton Roads Sanitation District, briefed the Board on sustainable water recycling efforts. PUBLIC HEARING Conveyance of Well Lot to Benns United Methodist Church The public hearing was opened by Chairman Alphin who called for persons to speak in favor of or in opposition to the conveyance. H. Woodrow Crook, on behalf of Benns United Methodist Church, provided a history of the well lot which was dedicated to the County by Dr. Frank and advised that the heirs are also in favor of this conveyance. Supervisor McCarty moved that conveyance of the well lot to Benns United Methodist Church be approved and that the Chairman be authorized to execute all documents necessary to effectuate the conveyance. 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. Convenience Center Schedule R Interim County Administrator Wanner advised that recommendations of the Board's Public Works Committee relative to potential options for the County's convenience center schedules will be forthcoming in the near future. B. 2015 Department of Emergency Services Annual Report A PowerPoint presentation was provided by Jeff Terwilliger, Director of Emergency Services, on that Department's first Annual Report for Calendar Year Ending December 31, 2015 and the Board was advised that the Virginia Service Board is being scheduled for formal presentation of said report to the Board. In order that the valuable resources provided by County volunteers is recognized and made known to County residents, Mr. Terwilliger was requested to provide the number of hours provided by volunteers, to include those hours associated with the County Fair. The Board was advised by Mr. Terwilliger that those hours are not tracked internally and would require volunteers to report those hours to staff. C. Legislative Update Donald T. Robertson, Director of Information Services and Legislative Affairs, reported on significant legislative matters during the 2016 session of the General Assembly. D. Matters for the Board's Information The following matters were included in the agenda and highlighted for the Board's information: Monthly Reports/Tax Levies & Collections as of February 2016/Cash Position/Statement of the Treasurer's Accountability; Isle of Wight County Monthly Fire/Emergency Medical Services (EMS) Report — Incidents by Zone; Isle of Wight Website Statistics/February 2016; Solid Waste Division Litter Pickup; Isle of Wight Extension Report/February 2016; Board of Zoning Appeals (BZA)/2015 Annual Report; Wetlands Board/2015 Annual Report; and, a Stormwater Local Assistance Fund (SLAF) Grant. Following notification that certain areas of the County are in need of additional trash removal efforts, Tony Wilson, Director of Public Works, offered to have those areas cleared of debris and request that SPSA further secure its transfer trucks. UNFINISHED/OLD BUSINESS A. Unpaved Roads Policy 2 Following an overview by Jamie Oliver, Transportation Planner, of the proposed Unpaved Roads Policy for the County and responsive to her recommendation to approve the proposed Chapter 3, Article IV, Unpaved Roads Policy, Supervisor Acree moved that the Chapter 3, Article IV, Unpaved Roads Policy be adopted which passed unanimously 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. Resolution to Authorize Execution of the Agreement for Use and Support of a Solid Waste Disposal System by and Between Isle of Wight County and the Southeastern Public Service Authority (SPSA) An overview was provided of the Southeastern Public Service Authority's Use and Support Agreement's intent, purpose and associated provisions related to term, termination, Authority and County obligations, waste, dispute, special termination clause and SPSA's strategic plan. A briefing followed regarding SPSA's intent to award a notice to building a facility in the City of Chesapeake that will accept municipal solid waste for processing to fuel pellets and other recyclables and SPSA's request to all participating localities approval of the Use and Support Agreement. A recommendation was given that the Board adopt the Resolution contained in the agenda that authorizes execution of the agreement in concept and also provides RePower the ability to move forward. Supervisor Acree moved that the following Resolution be adopted which passed unanimously 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: RESOLUTION TO AUTHORIZE EXECUTION OF THE AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM BY AND BETWEEN ISLE OF WIGHT COUNTY AND THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY WHEREAS, Isle of Wight County (the "County") is a member of the Southeastern Public Service Authority ("SPSA") which was created by concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (the "Localities") in 1976; and WHEREAS, between 1983 and 1984, the County and the other Localities entered into individual Use and Support Agreements with SPSA, providing, among other things, that each member jurisdiction would deliver substantially all of the disposable solid waste generated or collected by or within or under the control of the Localities to SPSA; and N WHEREAS, all of the Use and Support Agreements will expire on January 24, 2018; and WHEREAS, in anticipation of the expiration of the Use and Support Agreements, the Chief Administrative Officers of the member Localities of SPSA directed a technical committee to be established in order to review and address numerous policy and operational issues (the "Committee"). WHEREAS, the Committee has developed a proposed Use and Support Agreement which, among other things, ensures that all member localities are treated in a uniform manner; and WHEREAS, on March 4, 2016 the SPSA Board of Directors formally approved the form of the Use and Support Agreement that would be entered into by all member jurisdictions to support the ongoing operations of SPSA; and WHEREAS, the SPSA Board of Directors has also issued a Notice of Intent to Award a Waste Supply Agreement with RePower South which requires SPSA to deliver 350,000 tons of municipal solid waste to RePower's facility which is to be constructed in the City of Chesapeake; and WHEREAS, as a condition precedent of SPSA and RePower entering into such an agreement, RePower has requested the SPSA member localities execute their respective Use and Support Agreements in order to ensure a "critical mass" of municipal solid waste will be available to support the commitment of SPSA to deliver that amount of solid waste as is required in the Waste Supply Agreement; and WHEREAS, SPSA has shown its ability to become financially sound by eliminating all of its outstanding debts by January 2018 and its commitment to reducing the overall tipping fee costs of the member localities by negotiating a favorable agreement with RePower South, along with continuing to negotiate in good faith with the City of Suffolk on a Good Neighbor/Host Fee Agreement. Now, THEREFORE, BE IT RESOLVED BY THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS hereby authorized the Chairman of the Board of Supervisors to execute the Agreement for Use and Support of a Solid Waste Disposal System by and between Isle of Wight County, Virginia and the Southeastern Public Service Authority. C. Request for Proposal (RFP) to Identify Water Using Industries F-1 Following an outline of pros and cons associated with the issuance of an RFP for consulting services associated with the recruitment of moderately heavy water user businesses by Interim County Administrator Wanner, Supervisor McCarty moved that staff proceed with issuance of an RFP to outsource additional assistance to identify water using industries. 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. Route 10 Request for Proposals (RFP) for Preliminary Engineering Report The need for the issuance of an RFP to bring water from Benns Grant eastward to the Suffolk city line to an extension built by the City of Suffolk to supply water in the event the existing connection malfunctions at the bridge was discussed with respect to the realization of opportunities for future development and the inability of the County, under the current system, to be able to accommodate a water comprehensive program with the Town of Smithfield. On motion of Supervisor Acree, staff was authorized to develop and advertise a RFP for a Preliminary Engineering Report for the Route 10 waterline extension which passed unanimously 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. Meeting Dates for Public Hearing and Work Sessions/Proposed FY2016-17 Operating and Capital Budget and Related Ordinances A revised budget calendar was presented by Donald T. Robertson, Director of Information Resources and Legislative Affairs, who advised that the previous calendar did not facilitate staff and Board discussion following the budget public hearing and accommodate any non -budget related workflow of staff. Supervisor McCarty moved that staff be authorized to advertise for public hearing on April 21, 2016 the proposed FY2016-17 Operating and Capital Budget and related ordinances. 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 revised FY2016-17 Operating and Capital Budget calendar be adopted: 7 March 17, 2016 Authorize/Set Public Hearing Date April 1, 2016 Interim County Administrator Delivers Proposed Budget April 14, 2016 Budget Orientation/Work Session at 10:00 a.m. April 21, 2016 Public Hearing/Proposed Budget & Ordinances April 27, 2016 Budget Work Session at 10:00 a.m. May 10, 2016 Special Meeting at 7:00 p.m./Adoption of Budget and Ordinances 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. Stormwater/Small Business Taskforces Responsive to a request of Supervisor McCarty, Interim County Administrator Wanner offered to provide a report back to the Board regarding recommendations on the creation of taskforces related to stormwater advisory and small businesses. The meeting was adjourned at 9:30 p.m. by Chairman Alphin. ��..�. �.�_ •tet•' �1 ff ,�Zty/' /--- Rejoik Alphin, hairman