05-18-2017 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 EIGHTEENTH DAY OF MAY IN THE
YEAR TWO THOUSAND AND SEVENTEEN
PRESENT:
Rex W. Alphin, Chairman, Carrsville District
William M. McCarty, Vice -Chairman, Newport District
Rudolph Jefferson, Hardy District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman Alphin called the regular Board of Supervisors' meeting to order at 5:00
p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Upon motion of Supervisor Acree all those present voting in favor, the agenda
was approved (5-0) with the following amendments under New Business:
Quarterly funding for the Windsor Volunteer Fire Department and tracking of
volunteer hours; change in the July 20, 2017 meeting date; and, consideration of a
future Volunteer Recognition Day.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Popovich:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion
regarding the appointment of specific appointees to County boards, committees
or authorities; pursuant to 2.2-3711(A)(7) regarding consultation with legal
counsel requiring the provision of legal advice pertaining to such legal matters
requiring the provision of legal advice by counsel regarding contractual
negotiations with Keurig Green Mountain; and, pursuant to 2.2-3711(A)(7)
regarding consultation with legal counsel regarding probable litigation related to
the Benn's Church intersection project.
Upon motion of Supervisor Acree and all voting in favor, the Board entered the
closed meeting for the reasons stated by County Attorney Popovich.
At 6:00 p.m., upon motion of Supervisor McCarty and all voting in favor, the
Board reconvened into open meeting.
Upon motion of Supervisor Jefferson, the following Resolution was 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
Supervisor Jefferson delivered the invocation and led the Pledge of Allegiance to
the American Flag.
CITIZENS' COMMENTS
Elliott Cohen, County shopping center owner, addressed the Board concerning
business fire alarms; a lien being placed on equipment by the Treasurer; his
inability to lease office space for a tattoo and vapor shop; and, action on the part
of the County's Utility Department relative to grease in a pump house which
caused him to lose a tenant.
Albert Burckard commented on the County's decision not to contract with a
private firm for review of the County's Comprehensive Plan and requested that
private water systems be included in discussions of the Water & Sewer Task Force
Committee.
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Responsive to Mr. Cohen's concerns, Mr. Robertson was directed to contact him
and discuss how his concerns can be addressed.
Responsive to Mr. Burckard's concerns, Mr. Robertson advised that a previously
vacant position will be filled and tasked with working on the Comprehensive Plan.
The Board requested a presentation on vapor businesses and how other local
communities are dealing with that type of business.
Supervisor Grice commented that a Water & Sewer Task Force of the Board has
been meeting for a number of months and will be advising its recommendations
at an intergovernmental meeting in the near future.
CONSENT AGENDA
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Consent Agenda was approved as presented:
A. Nike Park Canoe/Kayak Launch/Local Matching Funds to Complete the
Canoe/Kayak Launch at Nike Park ($12,234)
B. March 2, 2017 Work Session Minutes
C. March 16, 2017 Regular Meeting Minutes
D. April 5, 2017 Work Session Minutes
E. April 13, 2017 Work Session Minutes
REGIONAL AND INTER -GOVERNMENTAL REPORTS
No reports were offered.
APPOINTMENTS
Supervisor Jefferson moved that Gwendoline Sykes be recommended to the
Circuit Court Judge to replace Bobby Bowser on the Board of Zoning Appeals.
SPECIAL PRESENTATION
Mr. Chris Christou, owner/operator, The Cockeyed Rooster Cafd, received an
award as Entrepreneur of the Year.
COUNTY ATTORNEY'S REPORT
County Attorney Popovich updated the Board on legislation adopted during the
2017 General Assembly session which will most likely require action by the Board
in the future involving HB 1404, HB 1597, HB 1797, HB 1884; SB 926 and SB 1578.
PUBLIC HEARINGS
A. Application of David and Diana Stuart, Owners, for an Exception to the
Chesapeake Bay Preservation Area Ordinance under Section 4001 to Allow
an After -the -Fact Encroachment of a Shed and a Pole Barn into the
Resource Protection Area Buffer Located at 308 Marsh View Court,
Carrollton (Tax Parcel Identification Number 341-1-01-010).
Kim Hummel, Environmental Planner, provided an overview of the application.
The public hearing was opened and comments solicited from those in favor or in
opposition to the application.
Matt Roth, President of Roth Environmental, on behalf of the applicants,
reviewed the site, alternatives and mitigation plans.
Howard Hennit, 306 Marsh View Court in Carrollton, spoke in favor of the
application being approved to allow the applicants a place to store equipment out
of the weather. He advised that no signs of erosion are apparent since the pole
barn was built. He further advised that the building is not an eyesore and can not
be seen from the street.
Dave Stuart, property owner, admitted his mistake and advised that he is doing
everything possible to make amends.
Ray Todd, 310 Marshview Court, spoke in favor of the application noting that the
pole shed does not obstruct his view of the marsh and does not devalue the
property.
The public hearing was closed and comments from the Board were sought.
County Attorney Popovich briefed the Board on the history of the application and
apprised the Board that there is a financial penalty imposed on the County for
failure to enforce the Chesapeake Bay Act. The mitigation provisions that are
allowed in these exception processes are there to rejuvenate the environmental
quality and the Board does have the authority to provide for exceptions and the
Board can accept mitigation provisions.
Upon motion of Supervisor McCarty, the application of David and Diana Stuart
was approved as conditioned with Supervisors Alphin, McCarty, Acree and Grice
voting in favor of the motion and Supervisor Jefferson voting against the motion
(4-1).
B. Application of Sherwood Denmon for an Exception to the Chesapeake Bay
Preservation Area Ordinance Under Article 4, Section 4002, to Allow an
Encroachment into the Resource Protection Area Buffer to Build a Single -
Family Home Located on Smith's Neck Road (Tax Parcel Identification
Number 2313-01-002).
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Ms. Hummel presented background information on the application.
Chairman Alphin opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
Sherwood Denmon, the applicant, of 23 Signet Court in Newport News spoke in
favor noting a discrepancy in the number of square feet of his Dome and garage,
which is a total of 1,400 square feet and only 400 square feet are encroaching in
the buffer.
David Garner of 10680 Smiths Neck Road recommended approval of Mr.
Denmon's application commenting that he will be a welcomed member of that
community.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Upon motion of Supervisor McCarty, all those present voting in favor, the
application of Sherwood Denmon was approved (5-0).
The Board took a break and the meeting was called back to order by Chairman
Alphin.
C. Application of Barbara Ann Winslow and Mary Elizabeth Winslow Butner,
Owners, and Bryant S. Dodson, Applicant, for a Change in Zoning
Classification from Rural Agricultural Conservation (RAC) to Rural
Residential (RR) of 2.8 Acres of Land and the Request to Withdraw the 2.8
Acres from the Courthouse Agricultural District in Order to Create One (1)
Single Family Residential Lot on the West Side of Courthouse Hwy. (Rt.
258), Fronting on Hatcher's Lane (Tax Parcel Identification Number 30-01-
063).
Sandy Robinson, Planner, presented the history of the application.
Chairman Alphin opened the public hearing and called for comments from citizens
in favor of or in opposition to the application.
Bryant Dodson of 309 Jordan Drive, the applicant, requested approval of his
application.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Upon motion of Supervisor Jefferson, all those present voting in favor, the
application of Barbara Ann Winslow and Mary Elizabeth Winslow Butner, Owners,
and Bryant S. Dodson, applicant, was approved (S-0).
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D. VDOT FY 2018-2023 Secondary Six -Year Improvement Program
Jamie Oliver, Transportation Planner, presented the Program
Chairman Alphin opened the public hearing and called for persons to speak in
favor of or in opposition to the Program.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Upon motion of Supervisor McCarty, all those present voting in favor, the VDOT
FY 2018-2023 Secondary Six -Year Improvement Program was adopted.
E. An Ordinance to Amend and Reenact Chapter 15, Taxation, Article II, Real
Estate Taxes
County Attorney Popovich represented the proposed technical amendment to the
ordinance to provide for continued assessment practices that have been ongoing.
Chairman Alphin opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed amendment.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Upon motion of Supervisor Jefferson, all those present voting in favor, the
following Ordinance amendment was adopted (5-0):
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 15. TAXATION. ARTICLE II. REAL ESTATE TAXES.
WHEREAS, the Board of Supervisors adopted a resolution on February 17, 1983, in
accordance with Section 58-811.1 of the Code of Virginia (1950, as amended),
authorizing the Isle of Wight Commissioner of the Revenue to assess new
construction upon completion of the building, rather than assessing a percentage
of the value on the assessment day; and
WHEREAS, during the recodification of the Virginia Code, the Virginia General
Assembly renumbered this applicable Virginia Code Section to Section 58.1-3292
and, in the process, removed the requirement of adopting a resolution to
effectuate such a practice, replacing it instead with the requirement of the
adoption of an ordinance; and
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WHEREAS, the Board of Supervisors seeks to ensure compliance with the
requirement of adopting such an ordinance in conformity with Section 58.1-3292
of the Code of Virginia (1950, as amended);
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 15, Taxation, Article II, Real Estate Taxes be amended
and reenacted by including a new Section 15-6.2, Assessment of new buildings
substantially completed, etc. as follows:
Sec. 15-6.2. —Assessment of new buildings substantially completed, etc.
All new buildings substantially completed or fit for use and occupancy prior to
November 1 of the year of completion shall be assessed when so completed or fit
for use and occupancy, and the Commissioner of the Revenue shall enter into the
books the fair market value of such building. No partial assessment shall become
effective until information as to the date and amount of such assessment is
recorded in the Office of the Treasurer and made available for public inspection.
The total tax on any such new building for that year shall be the sum of (i) the tax
upon assessment of the completed building, computed according to the ratio
which the portion of the year such building is substantially completed or fit for
use and occupancy bears to the entire year, and (ii) the tax upon the assessment
of such new building as it existed on January 1 of that assessment year, computed
according to the ratio which the portion of the year such building was not
substantially complete or fit for use and occupancy bears to the entire year. For
any assessment made under this section after September 1 of any year, the
penalty for nonpayment by December 5 shall be extended to February 5 of the
succeeding year.
COUNTY ADMINISTRATOR'S REPORT
A highlight of the Parks & Recreation Activity Report was provided by David
Smith, Director of Parks and Recreation, and the Board requested that
services/programs be identified for youth and adults with special needs; to advise
the Board regarding the success of special events; and, to identify
classes/programs for seniors.
Matters for the Board's information were highlighted by Assistant County
Administrator Robertson.
UNFINISHED/OLD BUSINESS
Application of William Edwards, Southern Casting, LLC, Owner and Applicant, for a
Conditional Use Permit on 6.99 acres of Land, Tax Parcel Identification Number
69E-01-001, Located at 33211 Lees Mill Road to Allow for a Concrete and Asphalt
Plant on a Parcel Zoned General Industrial.
Trenton Blowe, Planner, represented the application and highlighted the
questions posed previously by the Board to staff regarding the anticipated level of
dust and noise produced by the proposed facility; are the permits obtainable that
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are necessary for this project; and, are the soils at this site suitable for this type of
use.
Chairman Alphin commented that the applicant has attempted to address the
concerns expressed by him regarding the permitting process, the timetable, the
tree plantings and moved that the application of William Edwards, Southern
Casting, LLC, be approved with all members voting in favor (5-0).
NEW BUSINESS
Assistant County Administrator Robertson presented a Resolution to Amend
Chapter 2, Financial and Accounting, Article 1, Central Purchasing, Section 1.1,
Procurement Authority, of the Policy Manual to ensure the County's policies and
procedures are compliant with recent enactments by the General Assembly.
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Resolution was adopted (5-0):
RESOLUTION TO AMEND CHAPTER 2, FINANCIAL AND ACCOUNTING, ARTICLE 1,
CENTRAL PURCHASING, SECTION 1.1, PROCUREMENT AUTHORITY, OF THE POLCIY
MANUAL
WHEREAS, the County has established policies and procedures to be followed
relative to procurement laws, policies, and procedures under Chapter 2, Financial
and Accounting, Article 1, Central Purchasing of the County Policy Manual; and,
WHEREAS, the Board of Supervisors desires to revise and amend Chapter 2,
Financial and Accounting, Article I, Central Purchasing, of the County Policy
Manual to reflect recent updates by the General Assembly to the Virginia Public
Procurement Act; and,
WHEREAS, the Board of Supervisors desires to allow a process in which K-9
officers may purchase the dog assigned, upon the retirement of either the dog or
the officer.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of
Supervisors hereby amends Chapter 2, Financial and Accounting, Article 1, Central
Purchasing of the County Policy Manual to take effect on July 1, 2017.
BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to
make such necessary and appropriate revisions to the County Policy Manual in
order to effectuate the policy changes set forth in the attachment.
Responsive to Don Jennings, Director of Utility Services, recommendation of the
formation of a Stormwater Advisory Committee charged with preserving
surrounding waterways and sensitive lands via a forum to discuss Stormwater
issues and to provide recommendations to the Board, the consensus of the Board
was to authorize the creation of a Stormwater Advisory Committee; that
Supervisors McCarty and Grice serve on this Committee; and, that County
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Attorney Popovich develop bylaws for consideration by the Board at its June
meeting.
Responsive to Assistant County Administrator Robertson's request, on motion of
Supervisor Acree, all those present voting in favor, staff was authorized to solicit a
Request for Proposal for vendors to partner with the Department of Parks and
Recreation.
Responsive to Assistant County Administrator Robertson's request, on motion of
Chairman Alphin, all those present voting in favor, staff was authorized to transfer
$37,283 from the General Fund Contingency to the City of Franklin — Annex
Settlement Line Item to address an anticipated shortfall.
Assistant County Administrator Robertson presented a resolution to transfer
funding from the General Fund to the Debt Service Fund to cover the cost for the
issuance related to the recent bond issuance of General Obligation Public
Improvement Bond, Series 20176 related to the School's Career Training
Education (CTE) programs.
On motion of Supervisor McCarty, all those present voting in favor, the following
Resolution was adopted:
RESOLUTION TO TRANSFER FUNDING FROM THE GENERAL FUND TO THE DEBT
SERVICE FUND TO COVER BOND ISSUANCE COSTS RELATED TO THE ISSUANCE OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND, SERIES 20178
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia issued
a General Obligation Public Improvement Bond, Series 20178; and,
WHEREAS, the Debt Service fund requires ninety-four thousand, five hundred
sixty-nine dollars ($94,569) for the cost of issuance of the General Obligation
Public Improvement Bond, Series, 20176.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that ninety-four thousand five hundred sixty-nine
dollars ($94,569) be transferred from the FY2016-17 General Fund, Refuse
Collection, Purchased Services-SPSA budget to the FY2016-17 Debt Service Fund,
Bond Issuance Cost budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is
authorized to make the appropriate accounting adjustments and to do all things
necessary to give this resolution effect.
Supervisor McCarty requested an explanation why the Windsor Volunteer Fire
Department has not received its last two quarterly financial contributions from
the County. He reiterated that it is not the Board intent to hold funding if an
organization does not comply with submitting its activity report to the County.
County Administrator Keaton is to address the issue of missed quarterly payments
by the County to the Windsor Volunteer Fire Department upon his return.
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Chairman Alphin requested the Board members to relay any ideas they may have
with regard to how volunteers can be recognized to County Administrator Keaton.
Supervisor Acree requested a report for the Board's June 15, 2017 meeting
regarding the cost to the County as a result of the tire fire that occurred in
Carrollton.
County Attorney Popovich advised that he is working in conjunction with Planning
& Zoning staff to restrict or limit the amount of tires or follow some basic fire
code requirements.
Due to the inability of Supervisors Acree and McCarty to attend the Board's July
20, 2017 regular meeting, the Board members are to communicate their
preferred change in date for the Board's July 20, 2017 meeting to County
Administrator Keaton.
ADJOURNMENT
At 9:10 p.m., Chairman Alphin declared the meeting adjourned.
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