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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. 2 i 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). 4 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). 5 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 3i 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 7 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 8 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. G� 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. e2, �/_ _