10-19-2017 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 NINETEENTH DAY OF OCTOBER IN
THE YEAR TWO THOUSAND AND SEVENTEEN
PRESENT:
William M. McCarty, Vice -Chairman, Newport District
Rudolph Jefferson, Hardy District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield District
ABSENT:
Rex W. Alphin, Chairman, Carrsville District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Vice -Chairman McCarty called the regular Board of Supervisors' meeting to order
at 5:00 p.m. and remarked that the Board's meeting this evening is being live
streamed on Facebook for the first time.
APPROVAL OF AGENDA/AMENDMENTS
Upon motion of Supervisor Acree, all those present voting in favor (4-0) and
Chairman Alphin absent, the agenda was approved as presented.
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 regarding actual litigation with International Paper where such
consultation would adversely affect the negotiating or litigation posture of this
public body; and, pursuant to Section 2.2-3711(A)(5) regarding a discussion
concerning a prospective business or industry or the expansion of a business or
industry where no previous announcement has been made of the business or
industry's interest locating or expanding its facilities in the community.
Upon motion of Supervisor Acree, all those present voting in favor (4-0) and
Chairman Alphin absent, the Board entered the closed meeting for the reasons
stated by County Attorney Popovich.
Upon motion of Supervisor Acree and all those present voting in favor (4-0) and
Chairman Alphin absent, 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, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: Alphin
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
Mark Brown, owner of Brown's Marina, notified the Board about an oyster
operation occurring on County owned property at Tyler's Beach.
Alvin W. Wilson, II, notified the Board of his need for a waiver from the County's
Stormwater Ordinance to allow him to replace his previous home which was
destroyed by fire with a modular home.
Albert Burckard, on behalf of the Isle of Wight Historical Society, requested the
status of historic designation of certain County buildings and the acquisition of a
missile from the City of Hampton for location at Nike Park.
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Beverly H. Walkup, on behalf of Clay Sawyer, notified the Board that Mr. Sawyer
would be making a presentation to the Board under New Business.
Melvin Atkinson of Courthouse Highway requested the County's consideration in
increased funding for the Extension Office.
Alvin Wilson of the Hardy District requested that the Board favorably consider his
son's (Alvin W. Wilson, II) request for a waiver from the County's Stormwater
Ordinance.
Cornelius Drew of Surry advised that he is adhering to all rules and regulations set
forth by the Virginia Marine Resource Commission and the County's Parks &
Recreation Department regarding his oyster operation at Tyler's Beach Boat
Harbor.
Responsive to Mr. Wilson's comments, Supervisor Acree directed Mr. Jennings to
inform Mr. Wilson of the Board's consensus to revise the County's Stormwater
Ordinance which will assist him in his efforts to replace his home destroyed by fire
with a modular home.
Responsive to concerns expressed relative to ongoing oyster efforts at Tyler's
Beach Boat Harbor by Cornelius Drew, County Attorney Popovich advised that Mr.
Drew has obtained the required annual permit to dock his boat at the pier and
that fishermen are not required to obtain a business license.
Supervisor Grice commented that the County Administrator is currently working
with the State regarding 4-H staffing.
Supervisor McCarty requested Mr. Jennings to move forward with
administratively waiving the current requirements under the Stormwater
Ordinance as it relates to his replacement home.
County Administrator Keaton advised that he would contact Mr. Terry Hall and
inquire about the status of the historic application on behalf of the County. He
further advised that 4-H positions have been cut nationwide and he will continue
his discussions regarding the replacement of the Cooperative Extension Agent
vacated by Janet Spencer.
CONSENT AGENDA
A. Resolution to Appropriate Bond Proceeds from the Series 2017B General
Obligation Refunding Bonds and Re -allocate a Portion of Debt Service
Savings to Pay Costs of Issuance in Connection with the Refunding Bond
Sale
B. Resolution of Support for the American College Testing Work Ready
Communities Initiative (ACT WRC)
C. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management and Allstate for Repairs to Sheriff's Department Vehicles
($8,965)
D. Resolution to Authorize Grant Submission and Accept and Appropriate
Virginia Information Technology Agency Grant Funds ($2,000)
E. Resolution to Accept and Appropriate Virginia Division of Motor Vehicles
Highway Safety Grant Funds ($27,700)
F. Resolution to Apply for VDOT Revenue Sharing Grant for the Design and
Construction of the Shiloh Drive Sidewalk Project
G. Facility Fee and Use Policies for the Sports Complex in Smithfield
H. Authorization to Execute the Local Update of Census Addresses
Registration Form Signifying the County's Commitment to Participate in the
2020 Census
I. Minutes of August 17, 2017 Regular Meeting and September 6, 2017 Work
Session
Upon motion of Supervisor Acree, all those present voting in favor (4-0) and
Chairman Alphin absent, the Consent Agenda was adopted with the removal of
Item (G), the Facility Fee and Use Policies for the Sports Complex in Smithfield.
On motion of Supervisor Grice, all those present voting in favor (4-0) and
Chairman Alphin absent, the MOU was adopted as revised and presented along
with the policies and procedures.
REGIONAL AND INTER -GOVERNMENTAL. REPORTS
Supervisor Grice reported on a Leadership Forum he had attended earlier in the
week.
Supervisor Grice reported on the success of the Commission on Aging's recent
Health Fair.
APPOINTMENTS
On motion of Supervisor Jefferson, all those present voting in favor (4-0) and
Chairman Alphin absent, Toni Brown was reappointed to serve on the Western
Tidewater Mental Health Community Services Board.
On motion of Supervisor Acree, all those present voting in favor (4-0) and
Chairman Alphin absent, Mary Sue Rawls was reappointed to serve on the
Western Tidewater Mental Health Community Services Board.
On motion of Supervisor Grice, all those present voting in favor (4-0) and
Chairman Alphin absent, Randy Keaton was appointed as the Primary and Mark C.
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Popovich was appointed as the Alternate on the Southeastern Public Service
Authority.
SPECIAL PRESENTATIONS
Shawn Avery, Executive Director, Opportunity, Inc., briefed the Board regarding
the region's Workforce Development Program.
Danny Byrum, Chairman of the County Fair Committee, reported on the success of
the 2017 County Fair.
COUNTY ATTORNEY'S REPORT
County Attorney Popovich addressed proposed revisions to the Fire Prevention
Ordinance intended to make the Ordinance more user friendly and bring it into
compliance with State law.
On motion of Supervisor Acree, all those present voting in favor (4-0) and
Chairman Alphin absent, the County Attorney was directed to proceed with
obtaining approval to the proposed changes to the open burning provisions from
the State Air Pollution Control Board and to set the matter for public hearing.
PUBLIC HEARINGS
Vice -Chairman McCarty opened the public hearing and called for persons to speak
in favor or in opposition to the sale of public property located at 5 East Griffin
Street in Windsor.
Annette Binns of Windsor, Virginia claimed the property and advised that she was
also interested in purchasing Lot D from the County.
The public hearing was closed and comments solicited from the Board.
On motion of Supervisor Jefferson, all those present voting in favor (4-0) and
Chairman Alphin absent, the sale of property located at 5 East Griffin Street in
Windsor was authorized to Ms. Binns,
COUNTY ADMINISTRATOR'S REPORT
Richard Rudnicki, Assistant Director of Planning & Zoning, provided an update on
the Comprehensive Plan community meetings and results associated with the
public participation survey.
On the issue of the Isle of Wight Museum Partnership Agreement, Supervisor
Grice recommended that County Administrator Keaton or his designated
representative compile a comprehensive list of assets (building and grounds), its
present condition, standard facility operating and maintenance cost and initiate
dialogue with the Town of Smithfield to determine its operational cost associated
with personnel and staff and once those numbers and revenue streams are
determined, that County Administrator Keaton be authorized to work out an
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arrangement and be prepared to resolve any issue during the County's budget
period next spring.
Matters for the Board's information were highlighted by County Administrator
Keaton.
County Administrator Keaton briefed the Board regarding progress to date on the
installation of the new E-911 towers. He advised that a radio list has been sent to
the various fire and rescue agencies and the timeline for going online remains
April 1, 2018. He reported that the E-911 Board has accepted an offer from York
County to temporarily transfer the County's staff to York County for a period of
two to four weeks while the live cutover occurs to ensure that E-911 service is not
lost during that period.
UNFINISHED/OLD BUSINESS
Donald Robertson, Assistant County Administrator, provided an update on
legislative priorities and presented a Resolution Establishing IOWC Legislative
Priorities for the 2018 Session of the General Assembly which was deferred until
the Board's November 16, 2017 meeting for inclusion of an item regarding the
Board's position on proffers.
Upon recommendation by Supervisor Grice, it was the Board's consensus that
County Administrator Keaton set up a round table meeting with State House and
Senate representatives (following the election) prior to the Board adopting its
legislative agenda.
NEW BUSINESS
Trenton Blowe, Transportation Planner, presented the application of W.C. Sawyer
for an exception to Section 6-2010.A.3A and 6-2010.A.7.b of the Newport
Development Service Overlay District (NDSO) standards and Section 5-5005.U.5 of
the Supplementary Use Regulations of the Zoning Ordinance to allow the new
expansion area to match the existing structures.
Beverly H. Walkup, representing the applicant, addressed the weaknesses
identified for the waiver request regarding metal walls and extension of the
existing chain length fence. She stated the Zoning Ordinance allows for an
exception process on a case-by-case basis and the requested exception is
reasonable due to the high level of design and construction to be incorporated in
the development and that the exception will result in design and construction in
accordance with accepted design and building standards. She remarked that the
proposed structures are an expansion of an existing mini warehouse facility and
will match what is existing. She stated numerous other structures within the
Northern Development Service Overlay District (NDSO) have met the
requirements of the Zoning Ordinance for materials and screening and that it did
not make sense to construct these two structures out of different materials which
are less visible on this site than the other units. She stated that the applicant has
proffered an alternative to stucco on one of the existing slightly more visible
structures. She stated regarding the screen on a portion of the site located on
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property not owned by the applicant, the site is not directly adjacent to Route 17
and the existing chain length fence currently extends halfway along this property.
She remarked that the applicant has also met the required landscaping measures
which adds to the vegetation screening at this location. She reiterated the
strengths of the application related to the limited visibility of the building and
fencing from Carrollton Boulevard noting that the applicant has offered to put
one of the acceptable building materials from the NDSO standards on the building
in the front of the property which is more visible from O'Meara Drive. She
informed the Board that the dirt from the berm came from excavating the areas
of the additional storage unit. She advised the applicant is asking to extend the
chain length fence and go inside the berm continuing up the property line to
connect with the existing fencing.
Following remarks by Supervisors Acree and McCarty that there is not a need for
additional screening due to the existing 20-30 feet of trees; that to require any
other type of fencing would not be aesthetically pleasing; and, that most
commonly used material on mini warehouses is metal, Supervisor McCarty moved
with all those present voting in favor (4-0) with Chairman Alphin absent, that the
application be approved with the modification of not imposing the extra
vegetation.
County Administrator Keaton advised that the Isle of Wight County School
Division has received a School Security Equipment Grant in the amount of
$100,000 to purchase security equipment for the Carrollton and Carrsville
elementary schools which needs to be appropriated to the Isle of Wight County
Schools Operating Fund.
On motion of Supervisor Grice, all those present voting in favor (4-0) with
Chairman Alphin absent, an increase in the appropriation to the School's
Technology category in the amount of the grant received ($100,000) was
approved.
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County Administrator Keaton presented a Resolution to Endorse the Regional
Broadband Initiative and GO Virginia Grant Application.
On motion of Supervisor Jefferson, all those present voting in favor (4-0) with
Chairman Alphin absent, the following Resolution was adopted:
RESOLUTION TO ENDORSE THE REGIONAL BROADBAND INITIATIVE AND A GO
VIRGINIA GRANT APPICATION
WHEREAS, the Hampton Roads Planning District Commission (HRPDC)
unanimously endorsed the formation and implementation of a regional
broadband strategy to connect all 17 of its member jurisdictions; and,
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WHEREAS, the implementation of this new digital technology infrastructure
throughout the Hampton Roads region will accelerate the creation of 21"t Century
jobs and support the creation of new and expanded businesses throughout the
region; and,
WHEREAS, the first transatlantic cable (Marea) landing has occurred on the shores
of Virginia Beach and is connecting to a newly constructed cable landing station
with the second cable (Brusa) under construction with additional transoceanic
cable landings being planned; and,
WHEREAS, those future cable landings will spur the construction of data centers
and incentivize the expansion of internet knowledge based economic
development throughout the region; and,
WHEREAS, the regional broadband strategy anticipates a four-phase program to
connect both Peninsula and Southside jurisdictions along with the many academic
institutions, research, modeling and technology centers within the region; and,
WHEREAS, the implementation of Wireless Networks requires the backhaul of
data and communications via improved digital infrastructure and
WHEREAS, the build out of fiber adjacent to our road network will create a
"sensor -ready" environment to serve the testing and adaptation of autonomous
vehicles
WHEREAS, the intent of this Regional Broadband Initiative is to create a "middle
mile" infrastructure that will also support private internet service providers'
ability to reach underserved and unserved neighborhoods and expand affordable
services to the small business community
NOW, THEREFORE, BE IT RESOLVED that Board of Supervisors of the County of Isle
of Wight, Virginia supports the creation and implementation of a Regional
Broadband Strategy and GO Virginia Application.
On motion of Supervisor Jefferson, all those present voting in favor (4-0) with
Chairman Alphin absent, the following Resolution was adopted:
RESOLUTION TO PLEDGE TO PARTICIPATE IN THE PROPOSED VENTURE TO
INCLUDE A PROPORTIONAL FINANCIAL CONTRIBUTION FOR THE DEVELOPMENT
AND OPERATION COST OF THE PROJECT
WHEREAS, the Hampton Roads Planning District Commission has unanimously
endorsed the proposed Unmanned Systems Testing and Demonstration Center
proposal as a regional economic development initiative worthy of support
through the Go Virginia project evaluation process; and,
WHEREAS, the proposed project is envisioned to be incrementally developed on
approximately 432 acres of surplus Commonwealth of Virginia property located in
York County accessible to all Hampton Roads businesses involved in the design
and development of unmanned systems technology; and,
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WHEREAS, unmanned systems and aerospace development is identified as a high
growth, high wage economic cluster within Southeast Virginia; and,
WHEREAS, the proposal envisions a shared investment by multiple regional
localities and a proportional share of project revenues; and,
WHEREAS, a regional management and governance structure is anticipated that
transparently allows the participation of all willing Hampton Roads local
government partners based on parameters to be mutually established.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia does hereby pledge to participate in the proposed venture
to include a proportional financial contribution for the development and
operational cost of the project either directly or through its Economic
Development Authority.
BE IT FURTHER RESOLVED that such financial participation is understood to be
contingent on the project receiving a substantial Go Virginia project grant, the
completion of satisfactory cost sharing and governing arrangements as
determined by the County Administrator, and customary and orderly budget
approval procedures by the Board of Supervisors.
County Administrator Keaton requested the Board to designate the County's
voting delegate and alternate delegate for the upcoming Virginia Association of
County's Annual Conference.
On motion of Supervisor Grice, all those present voting in favor (4-0) with
Chairman Alphin absent, Supervisor McCarty was designated as the County's
Voting Delegate and Supervisor Acree as the Alternate Delegate authorized to
vote at the VACo Annual Business meeting.
Supervisor Acree remarked that the County's emergency responders are currently
being dispatched on one frequency and must communicate back on a different
frequency and he requested County Administrator Keaton to ensure that every
effort is being taken to support the existing radio system.
At the request of Supervisor Acree and on motion of Supervisor McCarty, all those
prevent voting in favor (4-0) with Chairman Alphin absent, the November 2, 2017
work session was changed to Wednesday, November 1, 2017 at 6:00 p.m.
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Supervisor Acree moved that the meeting be recessed and reconvened on
October 261h at the Windsor Town Council chambers at 5:30 p.m. to conduct a
Windsor Intergovernmental Relations Committee meeting of the full Board which
was adopted withal those present voting in favor (4-0) with Chairman Alphin
absent
ADJOURNMENT
At 10:00 p.m., Vice -Chairman McCarty declared the meeting adjourned.
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Carey ills o m, Clerk
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