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06-19-2016 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, THE NINETH DAY OF JUNE 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. County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A) of the Code of Virginia for the limited purpose of consultation with legal counsel employed by this public body regarding actual litigation with the International Paper Company, pursuant to subsection 7; consultation with legal counsel employed by this public body regarding the Request for Proposal to allow hunting on the Blackwater Property pursuant to subsection 7; consultation with legal counsel employed by this public body regarding Proffers pursuant to subsection 7; discussion regarding the appointment of specific appointees to County boards, committee or authorities pursuant to subsection 1; consultation with legal counsel employed by this public body regarding condemnation actions for Nike Park Trail with the Edwards', pursuant to subsection 7; and, consultation with legal counsel employed by this public body regarding the Davis -Bacon Act violations by the schools pursuant to subsection 7. 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 Acree 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 Acree 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 Supervisor McCarty moved that all proposals for the Blackwater RFP be rejected and a public hearing authorized to extend the current lease for one additional year. The motion 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. INVOCATION/PLEDGE OF ALLEGIANCE At 6:00 p.m., the invocation was delivered by Supervisor Acree followed by the Pledge of Allegiance to the Flag. APPROVAL OF AGENDA Supervisor Acree moved that the 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. 9 CITIZENS' COMMENTS Albert Burckard, on behalf of the Isle of Wight Historical Society, requested that organization's use of the 1820 Circuit Court Clerk's office as a library and research room. He further requested that funds for the replacement of the original army steel and glass windows not be allocated. Chairman Alphin requested Interim County Administrator to address Mr. Burckard' s requests and that Mr. Robertson bring back a report on the feasibility of the Society utilizing the building. Clara R. Jones of Jenkins Lane in Smithfield, on behalf of Thomas Park community residents, requested inclusion of that community in any future County plans to upgrade the sewer line; that the speed limit from Little Zion Baptist Church to the Hardy Elementary School be reduced to 40-45 mph; and, that staff research who the current owners are of the field behind Jenkins Lane and Orchard Garden Lane which is overgrown, not being properly maintained and has a water drainage problem. Responsive to Supervisor Jefferson's request of Mr. Wanner in conjunction with VDOT to investigate Ms. Jones' concerns, Mr. Wanner advised that the speed concern will be addressed by VDOT, the Director of General Services will address the drainage issue and the Code Compliance Officer will investigate the overgrown lot. CONSENT AGENDA Supervisor McCarty moved that the following Consent Agenda be adopted as presented: A. Resolution to Designate July 2016 as Park and Recreation Month B. Resolution to Transfer Funds from the VDOT Local Funds Capital Account to the Turner Drive Turn Lane Capital Project Account to Provide for the Necessary Design Amendment C. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for Repairs to a County Vehicle ($660) D. Resolution to Amend Chapter 2: Financial and Accounting, Article I Central Purchasing of the Isle of Wight County Policy Manual E. Resolution to Accept and Appropriate Grant Funds for the Virginia Circuit Court Records Preservation Program ($20,629) F. April 14, 2016 Budget Work Session Minutes G. April 27, 2016 Budget Work Session Minute 3 H. May 4, 2016 Budget Work Session Minutes I. May 10, 2016 Special Meeting Minutes J. May 19, 2016 Regular Meeting Minutes The motion 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. REGIONAL REPORTS No regional reports were offered by the Board. APPOINTMENTS Supervisor Grice moved that Pamela Staha be appointed to serve on the Blackwater Regional Library Board representing the Smithfield District. The motion 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. COUNTY ATTORNEY'S REPORT Following a briefing by County Attorney Popovich that the Virginia General Assembly took action to adopt SB 549 which makes it unlawful for localities to accept "unreasonable" proffers and sets forth restrictions on a locality's ability to accept proffers for new residential development and new residential uses, Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO RESCIND THE RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA AMENDING THE COUNTY CASH PROFFER POLICY; REPEAL CHAPTER 3 COMMUNITY AND ECONOMIC DEVELOPMENT, ARTICLE II, CASH PROFFERS FROM THE ISLE OF WIGHT COUNTY POLICY MANUAL; AND, RECOMMEND THE ISLE OF WIGHT COUNTY, VIRGINIA PLANNING COMMISSION MAKE CERTAIN AMENDMENTS THE ISLE OF WIGHT COUNTY ZONING ORDINANCE WHEREAS, on March 8, 2016, SB 549 was signed into law by Governor McAuliffe which amends the Code of Virginia by adding Section 15.2- 2303.4 related to certain restrictions being placed upon localities in the acceptance of residential proffers; and, WHEREAS, there appears to be significant concern throughout the Commonwealth as to what impact this legislation may have once it goes into effect on July 1, 2016; and, n WHEREAS, the Board of Supervisors deems it in the best interest of the citizens of Isle of Wight County, Virginia to if not reduce, at least limit, any potential liability that may be found to exist against the County when dealing with proffers. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors does hereby deem it appropriate to RESCIND the Resolution of the Board of Supervisors of Isle of Wight County, Virginia Amending the County Cash Proffer Policy adopted on January 16, 2014. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors does hereby REPEAL Chapter 3, Community and Economic Development, Article II, Cash Proffers from the Isle of Wight County Policy Manual. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors hereby formally recommends to the Isle of Wight County Planning Commission that the Isle of Wight Zoning Ordinance be amended to ensure: 1. That any applicant seeking a rezoning or proffer amendment after July 1, 2016 be required to pay for the cost of an independent proffer study to be done by a designated professional chosen by the County and the applicant; 2. That only the Zoning Administrator be authorized to speak on behalf of the County as it relates to such applications; 3. Require that any meetings between staff and an applicant will require the participation of the County Attorney or his designee; 4. Require an applicant, once a rezoning or amendment package is formally submitted, to execute an estoppel certificate that states all proffers contained in the package comply with Section 15.2-2303.4 of the Code of Virginia and the reasons why it complies; and 5. In the event an application is denied, require that such denial is formally expressed through the adoption of a resolution setting forth all facts as to why the denial was made based on specific land use issues. The motion 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. A Deed of Easement to Effectuate the Conveyance of the Sewage Disposal System in the Lawnes Pointe Subdivision to the Hampton Roads Sanitation District was presented by County Attorney Popovich. Supervisor Jefferson moved that the Chairman be authorized to execute the Deed of Easement. The motion passed unanimously by a vote of (5-0) with 5 Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARINGS Chairman AIphin called for a public hearing on the following: A. Ordinance to Designate as Exempt from Taxation All Real and Personal Property Owned or Operated by God's Anointed Touch Ministries County Attorney Popovich spoke to the intent of the proposed Ordinance. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke in favor of or in opposition and the public hearing was closed. Supervisor Jefferson moved that the following Ordinance be adopted: AN ORDINANCE TO DESIGNATE AS EXEMPT FROM TAXATION ALL REAL AND PERSONAL PROPERTY OWNED OR OPERATED BY GOD'S ANOINTED TOUCH MINISTRIES BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That, in accordance with Section 58.1-3651 of the Code of Virginia (1950, as amended), all real and personal property currently owned and operated, or which may be owned and operated in the future, by God's Anointed Touch Ministries is hereby exempt from taxation by Isle of Wight County, Virginia for so long as God's Anointed Touch Ministries continues to use such real and personal property in the furtherance of its operation as a charitable organization for religious purposes and for so long as God's Anointed Touch Ministries remains in compliance with all federal, state and local laws and regulations related to the operation of such charitable organizations. This ordinance shall remain effective so long as God's Anointed Touch Ministries complies with the triennial application process as set forth in the Isle of Wight County Policy Manual in accordance with Section 58.1-3605 of the Code of Virginia (1950, as amended). The motion 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. Chairman Alphin called for a public hearing on the following: 2 B. Resolution to Approve the Virginia Department of Transportation (VDOT) FY2017-2022 Secondary Six -Year Improvement Program (SSYIP) and Construction Priority List Jamie Oliver, Transportation Planner, provided a briefing on the secondary paving projects, reconstruction projects and maintenance cost centers contained in the County's Six -Year Improvement Program. Chairman Alphin called for persons to speak in favor of or in opposition to the Resolution. No one appeared and spoke in favor or in opposition and the public hearing was closed. Supervisor Jefferson moved that the following Resolution and Construction Priority List be approved: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR FY 2017 THROUGH FY 2022 WHEREAS, Sections 33.1-23 and 33.1-23.4 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six -Year Improvement Program (SSYIP); and, WHEREAS, the Isle of Wight County Board has held a public hearing on the proposed Plan (FY 2016 -FY 2021), in accordance with VDOT policies and procedures, on June 9, 2016 and all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2017 -FY 2022). NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia hereby approves the Secondary Six - Year Improvement Program for FY 2017-2022 as presented at the public hearing. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts as necessary to proceed with the Program as approved. 0 The motion 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. COUNTY ADMINISTRATOR'S REPORT Tony Wilson, Director of Public Works, provided an update on new operating hours for County refuse and recycling centers effective July 1, 2016 and the methods of notification used to advise the public of the change in hours. Feedback from convenience center workers was relayed to the Board, followed by discussion regarding convenience center workers being able to once again earn annual and sick leave at a later date. Don Jennings, Director of Utility Services, advised that the County does not meet the criteria of a MS4 permit holder and the Municipal Separate Storm Sewer System (MS4) permit has been terminated and the Board was advised that it would be provided a full report when the benefits associated with the termination is analyzed by staff. Mr. Jennings briefed the Board regarding the need for the Boil Water Notice for the Rushmere water system. The following matters contained in the Board's agenda were highlighted for informational purposes: Monthly Reports - Tax Levies & Collections as of March 2016; Isle of Wight County Monthly Fire/Emergency Medical Services (EMS) Report — Incidents by Zone as of April 2016; Isle of Wight Website Statistics/May 2016. Interim County Administrator Wanner briefed the Board regarding the issuance of an RFP seeking consultant services to identify water intensive industries in places plagued by drought conditions and advised that he anticipates a contract to be issued this week to the successful proposer. UNFINISHED/OLD BUSINESS A report by the Commissioner of Revenue providing a timeline of events leading to an adjustment in the Business License rate and implementation of same was presented. A request to install an 800 MHz public safety radio system with Motorola was presented by Interim County Administrator Wanner for the Board's consideration. Supervisor Acree moved that the Chairman be authorized to execute an agreement with Motorola to install an 800 MHz Public Safety Radio System. The motion 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. Mr. Wanner was requested to prepare a letter of thanks to Terry Hall and the City of Suffolk for their assistance in regard to the public safety radio system. NEW BUSINESS Following a recommendation from Jamie Oliver, Transportation Planner, to adopt a Resolution to Utilize the VDOT Local Funds Capital Account to Front -Fund the Preliminary Design on the Shirley Drive Sidewalk (UPC 31665) Project, Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO FUND AND COMPLETE PRELIMINARY DESIGN OF THE SHIRLEY DRIVE SIDEWALK (UPC 31665) PROJECT WHEREAS, the Isle of Wight County Board of Supervisors desires to collaborate with the Town of Windsor on priority transportation and community infrastructure projects which serve local residents; and, WHEREAS, the County has the staff resources, expertise, and funding available to initiate and complete preliminary design of the Shirley Drive sidewalk project; and, WHEREAS, funding is available in the County's Secondary Six Year Improvement Plan (SSYIP) specifically for this project, and one hundred percent (100%) of preliminary design phase costs will be reimbursed by these SSYIP funds. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the VDOT Local Funds capital account be utilized to front -fund the preliminary design on the Shirley Drive Sidewalk (UPC 31665) project. BE IT FURTHER RESOLVED that upon receipt of final reimbursement from VDOT, the total of funds expended for the project will be re - appropriated back to the VDOT Local Funds capital account for future projects. �fl BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all project documents and make such accounting adjustments and execute such agreements, work orders, contracts and other documents as necessary to give this resolution effect. The motion 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. Chairman Alphin requested a list of unused bond funds be provided to the Board. Chairman Alphin requested a report on the method VDOT uses to name a structure. Chairman Alphin requested that staff research the Balancing Act software whereby citizens can balance the County's budget. Chairman Alphin requested that the Board be provided visuals of all three of the County's Enterprise Zones at the Shirley T. Holland Commerce Park. Supervisor McCarty requested Mr. Wanner to develop a method by which citizens can be informed about volunteer efforts. The Isle of Wight Alert system was discussed with respect to how notifications occur on that system. The public was advised that the interview process for a permanent County Administrator was moving along smoothly. ADJOURNMENT At 7:00 p.m., the Chairman declared the meeting adjourned. Carey Wls St , Clerk Its] R . Alphin, Ch an