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
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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.
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APPROVAL OF AGENDA
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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.
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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.
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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
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