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12-15-2016 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 FIFTEENTH DAY OF DECEMBER 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: County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning discussion regarding the appointment of specific appointees to County boards, committee or authorities; pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel regarding actual litigation with International Paper, where such consultation would adversely affect the negotiating or litigation posture of this public body; pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel employed by this public body regarding specific legal matters regarding the assessment of Machinery & Tools tax for potential litigation which would require legal advice by such counsel; pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel regarding actual litigation regarding Perry Vs. Isle of Wight County where such consultation would adversely affect the negotiating or litigation posture of this public body; pursuant to Section 2.2-3711(A)(1) concerning a personnel matter related to the performance of a specific public employee of the County; pursuant to Section 2.2-3711(A)(1) regarding a personnel matter relating to the performance of a specific public officer of the County; and, pursuant to Section 2.2-3711(A)(5) regarding discussion concerning a prospective business where no previous announcement has been made of the business' interest in locating its facilities in the community. 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. 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 MEETIN 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 2.2-37I2(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 M 0,24 18 Dili 411642 [OLT1011 I ABSENT DURING MEETING: 0 1! INVOCATION/PLEDGE OF ALLEGIANCE At 6:00 p.m., the invocation was delivered by Supervisor Grice who led the Pledge of Allegiance to the Flag. H APPROVAL OF AGENDA 2 Supervisor Grice moved that the agenda be adopted with the following amendments 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: Under Old Business, add discussion on the Noise Ordinance Following New Business, add a Closed Meeting Under New Business, add discussion on training of Planning Commission members Under New Business, add discussion regarding exemption of the County under its ordinances Under New Business, add discussion regarding customer service training for County employees Under New Business, add discussion of the Stoup property Under New Business, add discussion of a map depicting all County - owned property Under New Business, add discussion regarding the desire to set a work session in January 2017 concerning proposed changes to the Sign Ordinance CITIZENS' COMMENTS Angela Gibson of Ashby Subdivision registered a complaint regarding irregular utility bill amounts. Stan Clark spoke in favor of the Special Use Permit for Aberdeen Farms. Charles Moore, Ms. Faulkner, Debra Longberger, William Faulkner and Joseph Shell, Robbie Younger, Jeff McFather and Richard Gillerlain spoke in opposition to the Special Use Permit for Aberdeen Farms. Lanelle Johnson requested services and programs available to senior citizens be documented in a single source for distribution to the public. Bill Riddick, Attorney, provided answers to questions posed by the Board at its November 18, 2016 meeting regarding the Special Use Permit for Aberdeen Farms. David Green relayed Joe Luter, IV's willingness to pay his cost share of the maintenance on Farm Road. Emily Norton, a wedding planner in Carrollton, addressed the need in the County for a moderately priced venue for small events. Chairman Alphin requested County Administrator Keaton to investigate allegations of violations by Aberdeen Farms. 3 Chairman Alphin requested County Administrator Keaton to discuss services and programs for senior services with Ms. Johnson. CONSENT AGENDA A. Resolution to Rescind Implementation of Amendments to the FY 2016- 2017 Position Classification and Compensation Plan Due to Amendments to the Fair Labor Standards Act Federal Annual Salary Threshold B. Resolution to Request that the Governor Declare Isle of Wight County an Agricultural Disaster Area C. October 20, 2016 Work Session Minutes D. November 3, 2016 Work Session Minutes Supervisor McCarty moved that the Consent Agenda 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. REGIONAL REPORTS Supervisor Grice reported on the mission of the Intergovernmental Water & Sewer Task Force. County Administrator Keaton reported a credit to the County from the Southeastern Public Service Authority of $239,631 will begin in January 2017. APPOINTMENTS Supervisor McCarty moved to reappoint Danny Byrum on the Fair Executive Committee as the Chairman 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 McCarty moved to reappoint Debbie Braswell on the Fair Executive Committee as the Treasurer 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 McCarty moved to reappoint Michelle Billups on the Fair Executive Committee as the First Vice -President 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. 4 Supervisor McCarty moved to reappoint Allen Brown on the Fair Executive Committee as the Second Vice -President 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. COUNTY ATTORNEY'S REPORT County Attorney Popovich was requested to make the following changes to the Board's By-laws and Rules of Procedure for final adoption at the Board's organizational meeting of January 5, 2017: 1.) The Clerk is to call roll beginning with the Supervisor who delivers the invocation at the start of the meeting and B.) Approval of the Agenda is to be moved ahead of the Closed Meeting. PUBLIC HEARINGS Chairman Alphin opened the public hearing on the following application which was presented by Trenton Blowe, Planner: The application of Sam and Wendy Mills for a Special Use Permit (SUP) on 22.85 Acres of Land Located at 14547 Lawnes Drive in the Hardy Election District for an Event Center on a Parcel Zoned Rural Agricultural Conservation. Sam Mills, the applicant, addressed the concern voiced during the Planning Commission's meeting on this matter regarding traffic, noting that a traffic study has been conducted and approved by VDOT with the stipulation that there be a commercial entrance for motorists entering the site from Lawnes Drive, exiting Lawnes Drive and accommodating ingress and egress of emergency vehicles. He advised that signage will be installed to direct motorists on Fort Huger Drive and Route 10 and that the noise concern will be addressed by compliance with the County's current Noise Ordinance. He stated all events with a band or D.J. will be held inside after 8:00 p.m. and no events will be held before 12:00 p.m. on Sundays. He stated in order to address environmental concerns, trash receptacles will be located on the property with trash pick-up and storm water runoff concerns will be addressed at the time the building is constructed through the County. He advised that a septic system has been approved by the State and a permit for well and septic are in -hand for construction. He stated rules governing the consumption of alcohol must be abided by and that he has no intention of towing vehicles left overnight due to the consumption of alcohol. He stated an event center is needed in the County and 120 events a year in necessary to ensure a profitable business. Wilbert Thomas of Fort Huger Driver objected to the application citing a concern with noise, traffic congestion and the potential for motorists to turn around in his driveway. Tim Lavallee' of Lawnes Creek Road spoke in opposition citing increased traffic, inability of traffic infrastructure to support such a facility, the potential for setting a precedent at other locations that do not have adequate infrastructure; the proposed size of the center and its close proximity to surrounding homes, traffic and a change to the lifestyle currently enjoyed by residents of that area. Tori Lavallee of Lawnes Creek Road spoke against the use of alcohol; increased noise; the potential for event attendees to be off the property by midnight; and, the unpredictability of people when consuming alcohol. Emily Norton of Carrollton, an events coordinator, relayed the need for moderately priced venues in the County. Sylvia Claggett of Tyler's Beach Road voiced opposition to increased noise and traffic. Nancy Starnes of Enisdale Drive spoke against the application citing a concern with increased noise and in favor of retaining that area's current peace and quiet. Rosa Turner, President, Rushmere Community Development Corporation, relayed the Corporation's objection to this application advising that there is a multi-purpose facility at Gravel Hill Baptist Church which could be utilized. She commented that the proposed center butts up to Lawnes Creek which is enriched with artifacts and stated that she wants the area to remain rural conservation in nature. Mr. Miller advised that a traffic study has been conducted and approved based on the number of people attending and the number of events; that he will address any noise concerns related to the people who live adjacent to the property; and, that every issue raised by citizens tonight has already been addressed. He advised that the alcohol concern will be addressed through existing laws. He welcomed the opportunity to meet with any of the residents in an effort to address their individual concerns. Chairman Alpin closed the public hearing. Responsive to Supervisor Jefferson's inquiry, the applicant indicated his willingness to change the number of proposed events to a certain number of events at full size attendance and decrease the number of attendees for other events and that no gun events will be held at the events center. It was recognized that the multi-purpose room at Gravel Hill Baptist Church was built to serve that church and that the proposed venue would not only serve as a place for social gatherings in the Rushmere area, but generate revenue, provide jobs and diversify the County's tax base. 0 Concern with the number of proposed events was expressed and an off-duty deputy to address control at the gate, assist with moving traffic out of the facility and provide sobriety checks was suggested, as well as that the event center be relocated further north on the property with additional plantings along Fort Huger Road. Mr. Miller agreed with moving the building further away from the closest home and planting a buffer to reduce noise and beautify the property. Chairman Alphin commented on the importance of this business fitting into the existing neighborhood and recommended that the application be tabled to allow the applicant time to address the concerns relayed by residents tonight. Supervisor Acree moved that the application be tabled until the Board's January 19, 2017 meeting to allow the applicant time to address the concerns voiced 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. COUNTY ADMINISTRATOR'S REPORT A highlight of the County's Comprehensive Annual Financial Report (CAFR) was provided by staff for the Board's information by the Director of Budget and Finance, Michael W. Terry. The Board was apprised of a Distinguished Budget Presentation Award by the Government Finance Officers Association of the United States and Canada to the County in recognition of its governmental budgeting by Mr. Terry. The Board was apprised of Fitch's reaffirming the County's "AA" rating by Mr. Terry. The Board was briefed by Tom Elder, Director of Economic Development, regarding a Community Development Block Grant application for the former Academy property; the opportunities associated with the sale and planned use of the project property for both the local developer and the County; and, associated grant components. The Board was apprised of the status of development projects in the County by Richard Rudnicki, the Interim Director of Planning & Zoning, regarding Benn's Grant, Carrollton Manner, Carrollton Carwash, Rite Aid, Dollar General and the Woodland Solar Farms. Matters for the Board's information were highlighted by County Administrator Keaton. UNFINISHED/OLD BUSINESS 7 A. Application of William Riddick on Behalf of ROSF, LLC, Owners, for a Special Use Permit on 19.36 Acres of Land on Two Parcels Located at 19259 and 19327 Farm Road in the Hardy Election District to Allow for an Event Center on a Parcel Zoned Rural Agricultural Conservation. Supervisor Grice moved that the application be approved with the following conditions which was denied (2-3) with Supervisors Grice and McCarty voting in favor of the motion and Supervisors Acree, Jefferson and Chairman Alphin voting against the motion: r'1 The thirty (30) events permitted through this SUP apply to both properties jointly, with Eight (S) (Large) events greater than fifty (50) attendees but no larger than 300 attendees, and twenty-two (22) events with fifty (50) attendees or less. The applicant forfeits the "farm, temporary event in agricultural structure" use identified as a by -right use in the agritourism section of the zoning ordinance. This permit, applicable to both properties, supersedes the Special Use Permit granted in 2004. Cooking or use of the existing bathrooms for large events shall only occur with the specific approval of the Health Department. A copy of the approval letter shall be provided to Planning and Zoning staff. The applicant shall acquire all appropriate county licenses for business, lodging, etc., and pay all applicable taxes associated with these licenses. The applicant shall provide copies of applicable alcohol permits to demonstrate compliance with ABC laws to Planning and Zoning as part of its semi-annual event reporting. For all large events, as defined in Condition b., an off duty sheriff/police deputy shall be required for security and traffic control. The gate to Aberdeen Farms on Farm Road will be closed (not locked) and signed to limit use by event attendees at 11:00 pm on event days. This condition does not prohibit the roads use for emergency service vehicles as needed. Additionally, the use shall adhere to the nine (9) conditions outlined in the letter from the applicant's attorney, William H. Riddick, III, dated October 27, 2016. 8 County Attorney Popovich advised that he will be recommending a work session on the Noise Ordinance upon receipt of recommended revisions from the Sheriff's office. NEW BUSINESS Relative to regulations under the County's current Zoning Ordinance, specifically chickens being allowed on residential property, Supervisor Acree and staff were tasked with formulating language for consideration by the Board at its January 19, 2017 regular meeting. Supervisor McCarty moved that the Board conduct a work session following the conclusion of the Board's 11:00 a.m. organizational meeting on Thursday, January 5, 2017 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 McCarty moved that the County Attorney be directed to add to the Planning Commission's current by-laws that all current and future Planning Commission members are required to attend and, successfully complete, a Planning Commissioner's training certification course provided at Virginia Tech (for future members, this is to be accomplished within the first year of their appointment; for current members this is to be accomplished within a year of the By-laws being revised) 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. The County Attorney was directed to review the County's current ordinances and report back to the Board on those which contain an exemption clause for the County. The County Administrator was directed to discuss in-house customer service training opportunities for County staff with the Director of Human Resources. Supervisor McCarty directed staff to begin to examine options for the use of the Stoup property. Supervisor McCarty requested that maps depicting all County -owned properties be provided to the Board. Supervisor McCarty advised of a need for a work session the first of 2017 regarding proposed changes to the County's Sign Ordinance. Chairman Alphin offered his reflections over the past 12 months as Chairman. X Supervisor McCarty moved that the meeting hour be extended beyond 11:00 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. 1� County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel regarding the provision of legal advice related to the Perry Vs. Isle of Wight County where such consultation would adversely affect the negotiating or litigation posture of this public body; pursuant to Section 2.2-3711(A)(1) concerning a personnel matter related to the performance of a specific public employee of the County; pursuant to Section 2.2-3711(A)(1) regarding a personnel matter relating to the performance of a specific public officer of the County. Supervisor McCarty moved that the Board enter a closed meeting for the reasons stated by County Attorney Popovich 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 Grice moved that the Board return to open session 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 Grice 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. 10 VOTE AYES: Acree, Alphin, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ADJOURNMENT At 11:30 p.m., the Chairman declared the meeting adjourned. M ufm� Carey Mil St , Clerk 11