09-15-2016 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 FIFTHEENTH DAY OF SEPTEMBER 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
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County
Administrator
Carey Mills Storm, Clerk
CALL TO ORDER/CLOSED MEETING
At 5:00 p.m., the meeting was called to order by Chairman Alphin and the
following matters were identified for discussion during closed meeting by
County Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the Code
of Virginia to discuss the appointment of specific appointees to County
boards, committees or authorities; pursuant to Section 2.2-371 I (A)(1) to
discuss the performance evaluation of the County Attorney; and, pursuant to
Section 2.2-3711(A)(7) concerning consultation with legal counsel related to
the Nike Park Trail project.
Supervisor McCarty 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.
At 6:00 p.m., Supervisor Acree moved that the Board return to open meeting
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.
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,
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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
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INVOCATION/PLEDGE OF ALLEGIANCE
Supervisor Jefferson delivered the Invocation and led the Pledge of
Allegiance to the American Flag.
County Administrator Keaton was formally introduced by Chairman Alphin.
APPROVAL OF AGENDA
Supervisor Jefferson moved that the agenda be adopted as amended below:
1) Item 6(B), a Resolution to Enter into Agreement with the Virginia
Department of Transportation (VDOT) for Enforcement of the
Removal of Illegal Signs and Advertising within the Limits of the
Right -of -Way, was moved from the Consent Agenda to New Business.
2) An item concerning services of the Blackwater Regional Library was
added under New Business.
3) An item concerning the Stormwater Management Program was added
under New Business.
4) An item for consideration of directing the County Administrator to
develop a Small Business Owner Committee charged with representing
issues faced by small business owners was added to New Business.
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The motion passed unanimously (5-0) with Supervisors Alphin,
Jefferson, Acree, Grice and McCarty voting in favor of the motion and
no Supervisors voting against the motion.
CITIZENS COMMENTS
Herb DeGroft of Mill Swamp Road addressed the need for economic growth
and encouraged solicitation of water bottling companies into the County.
Victoria Hewlitt, School Board member, spoke to the positive relationship
between the Board and the School Board and extended an invitation to the
Board to tour the County's school facilities.
CONSENT AGENDA
A. Request of Joseph Joynes on Behalf of Sentara Corporate Facilities for
a Waiver from Article IX, Section 9-1006.B.I.iii.a of the Zoning
Ordinance to Allow for a Monument Sign to be Located Closer to the
Right of Way than Permitted by the Zoning Ordinance
B. July 21, 2016 Regular Meeting Minutes
Supervisor McCarty moved that the Consent Agenda be adopted as presented
which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree,
Grice and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Grice reported on items of discussion at a recent workshop
conducted by the Economic Development Alliance relative to new goals for
economic growth in the Hampton Roads region.
Supervisor Grice reported on action items at the most recent meeting of the
Commission on Aging involving the selection of new officers; upcoming
events; and, the appointment of a task force for the Senior Health & Wellness
Fair.
Supervisor Grice reported on items of discussion at the most recent meeting
of the Blackwater Regional Library Board and advised that he will be
presenting a funding request later under New Business relative to library
services.
Supervisor Jefferson reported on topics of discussion held at the most recent
meeting of the Western Tidewater Regional Jail Board involving bed
capacity; the number of County citizens housed in the Jail; allocated
percentage spent to date and balance remaining; the desire to return the Fund
Balance to 10% from savings realized last fiscal year. He further reported on
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an electronic monitoring program which yielded $999,906 in revenue and an
energy conservation program realized in association with the installation of
new equipment.
Supervisor Acree reported on items of discussion at the most recent meeting
of the VACo Transportation Steering Committee which involved the review
of the preliminary position statement. He also advised that a presentation
from Department Rail & Public Transportation involving traffic on rail
concerns was received and the Fast Lane project, the Metro Safety
Commission and the VDOT Smart Skill project was also discussed.
Supervisor Acree reported on items discussed at the most recent meeting of
the Fire & Rescue Association which involved CIP items; fleet size; and,
County apparatus.
Supervisors Acree and McCarty reported on a VACo County Certified
Supervisors class recently attended is great for networking and learning about
challenges being faced by other localities.
Supervisor McCarty elaborated on topics of discussion at the TRIAD event
with regard to keeping seniors safe and learning of scams.
County Administrator Keaton reported on items discussed at the most recent
meeting of the Hampton Roads Planning District Commission which
included a proposal from Virginia Beach regarding the Roanoke River Basin
Association assistance with lobbying against uranium mining in their river
basin. He further reported that the Finance Committee will be returning at
the October 2016 meeting with a recommendation and determination on
whether or not a pro -rata share is warranted with regards to the cost
associated with the Director's pay.
County Administrator Keaton reported that the Hampton Roads
Transportation Planning Organization recently discussed the Hampton Roads
Crossing Study Supplemental Environmental Impact Statement and factors
for consideration on the selection of an alternative which involve which will
be the most financially feasible because of environmental permitting and
which will provide the most cost effective way to relieve congestion. He
further reported that VDOT will be returning with a recommendation on the
conversion of HOV lanes to HOT lanes following the completion of its study.
County Administrator Keaton reported on discussions at the Hampton Roads
Transportation Accountability Commission pertaining to a financing plan for
all regional projects, to include the sequence in which to build them and
when bond funding should be used to accelerate those projects.
COUNTY ATTORNEY'S REPORT
County Attorney Popovich provided a PowerPoint presentation outlining the
requirements under the Virginia Freedom of Information Act.
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County Attorney Popovich was requested to provide a copy of his
presentation to the Board for its future reference.
PUBLIC HEARINGS
A. The Application of Jean E. Barcroft, Owner, for a change in zoning
classification from Rural Agricultural Conservation (RAC) to Rural
Residential (RR) to create two (2) single family residential lots on the
east side of Burwell's Bay Road (Rt. 621) north of its intersection with
Jones Drive (Rt. 626) in the Carrsville Election District and the request
to withdraw 2.0 Acres from the Moonlight Agricultural/Forestal
District.
Sandy Robinson, Planning & Zoning, provided an overview of the
application and its purpose and advised that the applicant could not be
present due to health reasons. She advised that the Planning Commission
unanimously voted to recommend approval to the Board and staff also
recommends approval of the rezoning application and its withdrawal from the
agricultural/forestal district as presented.
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed application.
No one appeared and spoke.
The public hearing was closed and Chairman Alphin moved that the
application be approved which passed unanimously (5-0) with Supervisors
Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
B. Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Appendix D, Agricultural Districts, Section
D-1, District Establishment
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed ordinance amendment.
Upon no one appearing to speak, the public hearing was closed.
Supervisor Acree moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
APPENDIX D. AGRICULTURAL DISTRICTS.
SECTION D-1. DISTRICT ESTABLISHMENT.
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WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
deemed it to be in the best interest of Isle of Wight County to continue its
support for the conservation and protection of its agricultural and forestal
lands; and
WHEREAS, Section 15.2-4300 et seq. of the Code of Virginia (1950, as
amended) provides localities with the legal authority to establish and
maintain agricultural and forestal districts under which Isle of Wight County
has enacted Appendix D of the Isle of Wight County Code; and
WHEREAS, Section 15.2-4311 of the Code of Virginia (1950, as amended)
requires that a review of said district(s) be made every four to ten years; and
WHEREAS, a review of the Courthouse agricultural district has determined
no changes need to be made to said district at this time requiring only a
renewal of the district itself;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix D, Agricultural Districts, Section D-1 of
the Isle of Wight County Code be amended and reenacted as follows:
APPENDIX D.
AGRICULTURAL DISTRICTS.
Sec. D-2. District Establishment.
The County of Isle of Wight, Virginia, finds that the conservation and
protection of its agricultural and forestal lands for the production of food and
agricultural and forestal products is vital to the public interest and upon the
advice of the agricultural and forestal districts advisory committee and the
planning commission, and after the conduct of a public hearing, and with the
concurrence of the landowners, the board of supervisors of Isle of Wight
County does hereby promulgate the existence of the Longview agricultural
district, the Knoxville agricultural district and the Courthouse agricultural
district initially created and established by separate ordinances in accordance
with the provisions of the Code of Virginia (1950, as amended), as follows:
A. Longview agricultural district established on June 21, 1979 for a
period of eight (8) years, and subsequently renewed, effective
June 21, 1987 for a period of eight (8) years, renewed effective
June 21, 1995 for a period of ten (10) years, renewed effective
June 21, 2005 for a period of ten (10) years, and renewed June
21, 2015 for a ten (10) year period to expire on June 21, 2025;
and
B. Knoxville agricultural district established on April 21, 1983 for a
period of eight (8) years, and subsequently renewed, effective
April 21, 1991 for a period of ten (10) years, renewed effective
April 21, 2001 for a period of ten (10) years, and renewed
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effective April 21, 2011 for a period of ten (10) years to expire
on June 21, 2021; and
C. Courthouse agricultural district established on September 15,
19$$ for a period of eight (8) years, and subsequently renewed,
effective October 17, 1996 for a period of ten (10) years, renewed
effective October 17, 2006 for a period of ten (10) years, and
renewed September 15, 2016 for a period of ten (10) years to
expire on September 15, 2026.
D. Moonlight agricultural/forestal district established on September
20, 2012 for a period of ten (10) years to expire on September 20,
2022. (Ord. No. 2011-17-C, 9-1-11; Ord. No. 2012-9-C, 9-20-
12.)
The motion passed unanimously (5-0) with Supervisors Alphin, Jefferson,
Acree, Grice and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
C. Ordinance to Amend and Reenact the Following Sections of the Isle of
Wight County Code, Appendix B, Zoning: Article II, Interpretations
and Basic Definitions; Section 2-1002, Definitions; Article III, Use
types; Sections 3-4000, Civic Use Types and 3-6000, Commercial Use
Types; Article IV, Zoning Districts and Boundaries; Article V,
Supplementary Use Regulations; Section 5-2000, Supplementary
Density and Dimensional Regulations, Section 5-5001, Supplementary
Use Regulations for Agricultural Use Types, Section 5-5002,
Supplementary Use Regulations for Residential Use Types, Section 5-
5005, Supplementary Use Regulations for Commercial Use Types; and
Article X, Vehicle Parking Facilities; Section 10-1010, Table of Use
Types and Parking Requirements; in Order to Review and Revise Use
Types, Bulk Regulations, and Supporting Language.
Following a briefing from Richard Rudnicki, Assistant Director of Planning
and Zoning, regarding the purpose of the amendment, Chairman Alphin
opened the public hearing and called for persons to speak in favor of or in
opposition to the proposed ordinance amendment.
Noting the voluminous content of the proposed ordinance amendment,
Supervisor McCarty moved that the Ordinance be deferred until the Board's
October 20, 2016 meeting for further discussion which passed unanimously
(5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
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COUNTY ADMINISTRATOR'S REPORT
An overview of the County's 2016 Legislative Agenda was provided by Mr.
Robertson who requested that the Board begin to give consideration to items
for inclusion in the County's 2017 legislative agenda package.
An overview of ongoing major County development projects was provided
by Mr. Rudnicki.
Supervisor Grice requested County Administrator Keaton to provide a final
financial report on the Benn's Grant project.
Matters for the Board's information were highlighted by County
Administrator Keaton.
County Administrator Keaton announced the hire of David Smith as the
County's Parks & Recreation Director effective October 1, 2016.
County Administrator Keaton advised that the position of Director of
Planning & Zoning is currently being advertised.
UNFINISHED/OLD BUSINESS
Regarding An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Chapter 4, Buildings, Mr. Robertson
advised that staff is continuing its research on this matter for consideration of
the Board at its October.
NEW BUSINESS
A Resolution to Accept and Appropriate Funding from the Million Cat
Challenge Incentive Grant was presented for consideration.
Supervisor Acree moved that the following Resolution be adopted which
passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS
FROM THE MILLION CAT CHALLENGE
WHEREAS, the Isle of Wight County Board of Supervisors has authorized
an application for funding from the Million Cat Challenge Incentive Grant;
and,
WHEREAS, grant funds in the amount of one thousand dollars ($1000.00)
from the Million Cat Challenge Incentive Grant needs to be accepted and
appropriated to the FY 2016-17 General Operating Budget of the County of
Isle of Wight Virginia.
H
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight that grant funds in the amount of
one thousand dollars ($1000.00) or so much as shall be received from the
Million Cat Challenge Incentive Grant be appropriated to the appropriate line
item in the FY 2016-17 General Operating Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
Consideration of an allocation of $20,000 for the Blackwater Regional
Library was requested by Supervisor Grice responsive to cutbacks resulting
from a reduction in funding of $11,000 from the County.
Supervisor McCarty moved that the Board appropriate $20,000 to the
Blackwater Library system which passed unanimously (5--0) with Supervisors
Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
At the request of Chairman Alphin, it was the consensus of the Board that the
stormwater management program be reevaluated and consideration be given
to exempt churches of that fee.
At the request of Supervisor McCarty, it was the consensus of the Board that
the County Administrator be directed to create an advisory Small Business
Owner Committee consisting of small business owners from each district
charged with advising the Board on economic impacts to small businesses
with regard to future development.
Recognizing the need for the Board to conduct monthly work sessions for the
purpose of discussing identified matters in greater detail and receiving
reports from staff, Supervisor McCarty moved that the Board set a work
session for the first Thursday of each month at 6:00 p.m. which passed
unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
In recognition of Union Bethel AME Church's 150 year anniversary,
Supervisor Jefferson moved that a Resolution, to be created by staff, be
adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson,
Acree, Grice and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Acree addressed the issue of standardized Emergency Services
certifications with respect to how best to proceed.
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A Resolution to Enter into Agreement with the Virginia Department of
Transportation (VDOT) for Enforcement of the Removal of Illegal Signs and
Advertising within the Limits of the Right -of -Way, moved from the Consent
Agenda under Approval of the Agenda, was presented for consideration.
Supervisor Acree moved that the following Resolution be adopted with the
understanding that staff is not to begin enforcement until a policy and
procedure is developed and adopted by the Board which passed unanimously
(5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in
favor of the motion and no Supervisors voting against the motion:
RESOLUTION TO ENTER INTO AGREEMENT WITH THE VIRGINIA
DEPARTMENT OF TRANSPORTATION (VDOT) FOR ENFORCEMENT
OF LAWS REGARDING ILLEGAL SIGNS AND ADVERTISING
WITHIN THE LIMITS OF THE HIGHWAY
WHEREAS, the Board of Supervisors, as the governing body of Isle of
Wight County, has an interest in protecting the public health, safety, and
welfare, and in protecting the appearance of the County, in general; and,
WHEREAS, the Board has found that the proliferation of signs and
advertising in the rights-of-way of highways in Isle of Wight County
threatens the public safety and the welfare of the County, and has a negative
effect on the appearance of highways; and,
WHEREAS, the Commissioner of Highways of the Commonwealth of
Virginia (Commissioner) desires the Board's assistance in removing signs
and advertising from VDOT maintained highways in Isle of Wight County;
and,
WHEREAS, the Board believes that enforcement of the removal of signs and
advertising in the rights-of-way of highways in Isle of Wight County in
support of the Commissioner provides a public benefit to the citizens of Isle
of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia authorizes its
representative to enter into an agreement with VDOT to enforce the
provisions of § 33.2-1224 of the Code of Virginia (1950), as amended.
ADJOURNMENT
At 9:00 p.m., Chairman Alphin declared the m ftp adjourned.
} . Alphin,
Carey kills Storm, lerk
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