04-19-2018 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 APRIL IN THE
YEAR TWO THOUSAND AND EIGHTEEN
PRESENT:
Rudolph Jefferson, Chairman, Hardy District
William M. McCarty, Vice -Chairman, Newport District
Don G. Rosie, II, Carrsville District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield District
ALSO IN ATTENDANCE:
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
ABSENT:
Mark C. Popovich, County Attorney
CALL TO ORDER
Chairman Jefferson called the regular Board of Supervisors' meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA AMENDMENTS
Supervisor McCarty moved that the agenda be adopted with the following
amendments: Under the Consent Agenda, remove the Resolution to Re -
appropriate Unspent Funds from the FY2017 General Fund Assigned Fund Balance
to the FY2018 General Fund School Maintenance and Repair Account ($465,415)
and the Resolution to Accept Donated 6 -year Old Belgian Malinois Canine from
the United States Department of the Navy; under Special Presentation, add a
presentation by the Chief of the Fire & Rescue Association; and, under Old
Business, remove the request for an appropriation to the Carrollton Volunteer
Fire Department for truck repairs. The motion was unanimously adopted (S-0).
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Administrator Keaton: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia
a discussion regarding the appointment of specific appointees to County boards,
committees or authorities and pursuant to Section 2.2-3711(A)(3) regarding
disposition of public property where discussed in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body.
Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated by County Administrator
Keaton.
Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
reconvened into open meeting.
County Administrator Keaton reminded the Board that in accordance with Section
2-10(G) of the Board's Rules & Procedure, all those who participated in the closed
meeting are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of
the Board of Supervisors is taken on that particular subject matter.
Upon motion of Supervisor McCarty, 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, Rosie, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Chairman Jefferson delivered the invocation and lead the Pledge of Allegiance to
the American Flag.
CITIZENS' COMMENTS
Billy Forbes, a resident of Jones Creek, notified the Board of numerous safety
violations at Jones Creek.
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County Administrator Keaton responded that staff is currently working on the
code violations at Jones Creek and that the Health Department has been notified.
Fred Mitchell of Sugar Hill Road advised the Board that its volunteers are being
disrespected and are dissatisfied with changes proposed in the budget.
Supervisor Acree apprised the Board that County volunteers are apprehensive
due to the way certain budget items have been handled by staff.
Supervisor Rosie remarked on the importance of the County being respectful of
its volunteers.
Supervisor McCarty commented that the perception of County volunteers that
the County is attempting to take something away because of the proposed
change in vehicle maintenance in the budget is unwarranted and that the Board
fully supports its volunteers.
Supervisor Grice commented on the importance of the County's volunteer
organizations actively participating in discussions with the Board.
CONSENT AGENDA
A. Resolution to Designate the Month of May as Building Safety Month
B. Resolution to Designate the Month of May 2018 as Business Appreciation
Month
D. Resolution to Re -appropriate Funds from the FY2017 General Fund
Committed Fund Balance to the FY2018 General Fund Budget ($1,596,785)
E. 2017 Wetlands Board Annual Report
G. January 16, 2014 Regular Meeting; May 1, 2014 Special Budget Meeting;
February 1, 2018 Work Session; February 15, 2018 Regular Meeting; March
1, 2018 Work Session; and, March 14, 2018 Regular Meeting Minutes
Supervisor Grice requested that dates of actions be included in the Wetlands
Board Annual Report.
Supervisor Grice moved that the Consent Agenda be adopted, which passed by
unanimous vote (5-0).
REGIONAL AND INTER -GOVERNMENTAL REPORTS
There were no reports offered by the Board.
APPOINTMENTS
Chairman Jefferson moved that Lilly White be reappointed to represent the Hardy
District on the Blackwater Regional Library Board. The motion was adopted
unanimously (5-0).
Supervisor McCarty moved that Carroll E. Keen, Jr. be reappointed to represent
the Newport District on the Economic Development Authority. The motion was
adopted unanimously (5-0).
Chairman Jefferson moved that James Ford be reappointed to represent the
Hardy District on the Economic Development Authority. The motion was adopted
unanimously (5-0).
Supervisor Grice moved that Denise Tynes be appointed to fill the unexpired term
of Mary Sue Rawls on the Western Tidewater Community Services Board. The
motion was adopted unanimously (5-0).
Supervisor Rosie moved that Mike Klusmeier be reappointed to represent the
Carrsville district on the Wetlands Board. The motion was adopted unanimously
(5-0).
SPECIAL PRESENTATION
Brandon Jefferson, Chief of the Fire & Rescue Association, advised that the Fire &
Rescue Association desires to revisit the current titling process and would prefer
to be included in the approval process.
The Chief of the Fire & Rescue Association was requested to contact County
Administrator Keaton to coordinate a date and time to meet to discuss the
Association's concerns. Two Board members are to be present at such meeting
PUBLIC HEARINGS
A. Proposed FY2018-19 Operating Budget, Capital Budget, Related Ordinances
and FY2019-28 CI P
County Administrator Keaton provided an overview of the proposed budget in the
amount of $74,281,000 which contains no tax increase; reduces the Machinery &
Tools Tax; and, includes a 5% increase in water and sewer rates.
The public hearing was opened and those in favor or in opposition were
requested to speak.
Ashley Green, on behalf of the Western Tidewater Free Clinic, acknowledged the
County's past financial support and thanked the Board in advance for its
consideration of the Clinic's 2018-19 funding request.
The following individuals spoke in favor of the School Board's request for funding:
Tiffany Kiser, Special Education Teacher at Georgie Tyler Middle School; Laura
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Tumminello, a sixth -grade teacher at Georgie Tyler Middle School; Jessica
Harding, Georgie Tyler Middle School Principal; Marsha Cale, Principal of
Westside Elementary School; Stella Bradshaw of Carrsville; Robert Manners of
Carrollton; Kelly Alexander, President of the Boosters JRTC at Smithfield High
School; Richard Harris of Smithfield; Sarah Jones, teacher at Westside Elementary
School; Vicky Hulick of the Newport District; Casey Roberts; Ed Easter of
Hideaway Lane; Travis Wells of Carrollton; Bernard Jones, Sr. of Smithfield;
Pamela Wilkerson of the Hardy District; Charlie Wiggins of Scotts Factory Road;
Harold Tynes of Smith's Neck Road; Erin Park of Turner Drive; Stacey Hodges of
Founder's Pointe; Whitt Scott of Carrollton; Sarah Wills of Carrollton; Felisha
Wiggins of Carrollton; and, Michelle Harris, Westside Elementary School nurse.
Herb DeGroft of Mill Swamp Road noted the importance of continuing cost saving
measures to maintain the real estate tax rate.
Brandon Jefferson advised that the Fire & Rescue Association acted to request the
Board to reinstate the vehicle maintenance line item and establish a contingency
fund. He presented the Association's wish for the PPE turn -out -gear budget to be
reinstated, as well as the ATL fire fund. He relayed the Association's desire to be
apprised of any potential changes before they occur.
Jenny Bakos, Executive Director of the Blackwater Regional Library, thanked the
Board for the County's continued support and spoke in favor of the Library's
request for funding.
The public hearing was closed.
County Administrator Keaton, in accordance with the Code of Virginia, advised
that no action can be taken on the budget for a minimum of seven days following
the public hearing. He advised that the Board has set a meeting for adoption of the
proposed budget on May 10, 2018.
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Following a break, the public hearing on the following was opened and comments
from those in favor or in opposition to the application were solicited:
B. Application of Vernon Ray and Linda Edwards, Owners, and Amanda D.
Sibert, Applicant, to Rezone 3 Acres Located at 15395 Bowling Green Road
from Rural Agricultural Conservation (RAC) to Rural Residential (RR) and to
Withdraw the 3 Acres from the Courthouse Agricultural District to Create a
Single Family Residential Lot.
Sandy Robinson, Planner, provided an overview of the application.
Joe Sibert, applicant, spoke in favor of the application.
The public hearing was closed and comments solicited by the Board.
Supervisor Acree moved that the application of Vernon Ray and Linda Edwards be
approved. The motion was adopted unanimously (5-0).
C. Application of Betty M. Joyner, Owner, and Dean G. Vincent, Applicant, to
Rezone Approximately 4.1 Acres Located off the North Side of Battery Park
Road (Rte. 704) between Gatling Pointe Parkway (Rte. 1170) and Cypress
Knoll Lane from Rural Agricultural Conservation (RAC) to Rural Residential
(RR) to Create a Single Family Residential Lot.
Sandy Robinson, Planner, provided an overview of the application.
The public hearing was opened and comments from those in favor or in
opposition to the application were solicited.
Dean Vincent, applicant, appeared and spoke in favor of the application.
The public hearing was closed and comments solicited by the Board.
Supervisor Acree moved that the application of Betty M. Joyner and Dean G.
Vincent be approved. The motion was adopted unanimously (5-0).
D. Application of Francis P. Norsworthy for Amendment to Conditional
Planned Development Mixed Use Zoning of Approximately 70 Acres of Land
to Amend the Existing Proffered Conditions of the Property.
Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview
of the application.
The public hearing was opened and comments from those in favor or in
opposition to the application were solicited.
Beverly Walkup, representing the applicant, provided a history of the Norsworthy
family and the property. She advised that the intent is to begin with the multi-
family phase of the project and due to the language in the proffers stating that
the pump station is to build in land bay 1, a zoning amendment is required to
amend the location. She advised that a reduction in cash proffers is also being
requested by the applicant from $2.5 million to $1.47 million. She advised that
regarding drainage and the impact to the Library, the impact will be reduced with
the development of this site by routing the water into best management practices
and away from the Library.
The public hearing was closed and comments solicited by the Board.
Supervisor Grice moved that the application of Francis P. Norsworthy be
approved. The motion was adopted unanimously (5-0).
E. Request of Isle of Wight County, owner, for a Conditional Use Permit (CUP)
on a Leased Area of Tax Map Parcel 21-01-083, Approximately 2.58 acres,
Set Behind 13080 Great Spring Road for a Private Club, Specifically as
Meeting and Storage Facilities for Local Scout Troops.
Malina Springer, Principal Planner, provided an overview of the request.
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The public hearing was opened and comments from those in favor or in
opposition to the application were solicited.
No one appeared and spoke.
The public hearing was closed and comments solicited by the Board.
Supervisor Grice, acknowledging that the Club would be making improvements to
the building and grounds, inquired how many years the building and groUhds
would be leased to the Club.
County Administrator Keaton advised that a provision in the lease to allow the
Rotary Club to recoup improvement monies spent in the event the County
assumes the property once again has been discussed and determined that how
the Rotary Club would be compensated would be a Board decision.
Regarding the Isle of Wight Rescue Squad's expressed concern with the use of its
main non -emergency driveway, the Board was advised that Peyton Barlow has
volunteered an egress/ingress easement on his existing farm lane on adjacent
property for use by vehicles attending the future Scout facility.
Supervisor McCarty moved that the request of Isle of Wight County be approved.
The motion was adopted unanimously (5-0).
F. Resolution to Approve an Agreement to Relocate the Boundary line for the
Town of Smithfield
County Administrator Keaton advised that the proposed boundary line
adjustment for the Town of Smithfield facilitates water and sewer services which
are essential to the development of a residential subdivision located within the
Town.
The public hearing was opened and comments from those in favor or in
opposition were solicited.
Vince Napolitano, President of Napolitano Homes, requested the Board to adopt
the Resolution to effectuate the boundary line adjustment.
The public hearing was closed and comments solicited by the Board.
Following comments that this action is in partnership with the Town; serves the
best interests of both entities by avoiding annexation; allows the Town and
County to enter into a long-term arrangement for the County to provide water to
the southern end of Smithfield; and, that the way in which the subdivision is to be
developed will have virtually no impact on revenues, Supervisor Grice moved that
the amendment be adopted. The motion was adopted unanimously (5-0).
Supervisor McCarty moved that the following Resolution be adopted, which was
adopted unanimously (5-0):
VA
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF
WIGHT, VIRGINIA, APPROVING AN AGREEMENT TO RELOCATE THE
BOUNDARY LINE OF THE TOWN OF SMITHFIELD AND AUTHORIZING THE
FILING OF A JOINT PETITION PURSUANT TO SECTION 15.2-3106 ET SEQ. OF THE
CODE OF VIRGINIA (1950), AS AMENDED, TO APPROVE THE AGREEMENT
WHEREAS, the Town of Smithfield and the County of Isle of Wight have entered into
negotiations regarding a voluntary change of the boundary line between the Town and the
unincorporated portions of the County; and
WHEREAS, the Town and the County are now prepared to enter into an agreement that will
bring within the Town a tract of land presently lying within the unincorporated portions of
the County to the east of the existing Town boundaries; and
WHEREAS, the proposed change of boundaries will facilitate the provision of water and
sewer services that are essential to the development of a residential subdivision to be located
within portions of the territory to be incorporated into the Town; and
WHEREAS, other urban services provided by the Town also will benefit the development
proposed for the area to be incorporated into the Town; and
WHEREAS, the incorporation of additional land within the Town will help maintain the
Town of Smithfield as a viable unit of local government by expanding its tax resources.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle
of Wight, Virginia, at a regularly scheduled meeting of the Board of Supervisors held on
,2018:
1. That the Board of Supervisors of the County of Isle of Wight hereby
approves a Boundary Line Adjustment Agreement Between The County Of Isle Of Wight
And The Town Of Smithfield (the "Agreement"), a copy of which is attached hereto, and
hereby authorizes and directs its Chairman to execute the Agreement on behalf of the County.
2. That the County Administrator and the Town Manager are hereby
directed to petition the Circuit Court of Isle of Wight County to establish the new boundary
line of the Town in accordance with the Agreement, pursuant to Section 15.2-3106 et seq. of
the Code of Virginia (1950), as amended.
3. That the new boundary Iine shall become effective at midnight on
2018. In the event the Circuit Court of Isle of Wight County has not entered a
final order by that date, the new boundary line shall become effective at midnight on the last
day of the month during which a final court order has been entered.'..
4. That this resolution shall be effective immediately upon adoption.
IN WITNESS WHEREOF, the Board of Supervisors has caused this resolution
to be duly executed on its behalf by its Chairman and attested by its Clerk.
UNFINISHED/OLD BUSINESS
The appropriation to the FY2017-18 Operating Budget of the Carrollton Volunteer
Fire Department for unusual truck repairs was removed under Approval of the
Agenda.
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NEW BUSINESS
In memory of the late Grace Keen, a request from the Commission on Aging for
approval of the Riverview Park Memorial Gardens application and the waiver of a
fee was presented by County Administrator Robertson. He noted it is staff's
recommendation that the planting be a live Oak tree.
Supervisor McCarty moved that the application be approved; that the fee be
waived and that a live Oak tree be planted. The motion was adopted
unanimously (5-0).
County Administrator Keaton briefed the Board on a payment agreement entered
into 2013 for construction of the Benns Church intersection which stipulated that
the owner shall pay the County within 120 days of execution of the agreement the
sum of $363,256 to be credited to the amount owed in accordance with the cash
proffers. He advised that the County had received a check in the amount of
$363,256 from an escrow account with Bridge Trust Title Group, an escrow
account created when the property was originally sold to Riverside. He advised
that in 2010 legislation was adopted that proffers cannot be accepted until you
have a Certificate of Occupancy and as there has been no project built on this
property, his recommendation is that the money be refunded to the escrow
account. He stated that the proffer runs with the land and will be paid to the
County when something is built on this property or it is sold.
Chairman Jefferson moved that the refund request from Riverside Health Systems
be approved. The motion was adopted unanimously (5-0).
Supervisor Rosie noted the need for an escrow account to address "go dark"
businesses.
A Resolution to Accept Donated 6 -Year Old Belgian Malinois Canine from the
United States Department of the Navy was presented by Assistant County
Administrator Robertson for the Board's consideration.
Supervisor Rosie moved that the following Resolution be adopted, which passed
by unanimous vote (5-0):
RESOLUTION TO ACCEPT DONATED 6 -YEAR-OLD BELGIAN MALINOIS CANINE
FROM THE UNITED STATES DEPARTMENT OF THE NAVY
WHEREAS, the Unites States Department of the Navy desires to donate a 6 -year-
old Belgian Malinois canine to the Isle of Wight County Sheriff's Office for the
purpose of explosive ordinance detection; and,
WHEREAS, the Board of Supervisors of Isle of Wight County desires to accept the
gift of a 6 -year -ofd Belgian Malinois canine for use by the Sheriff's Office.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the donated 6 -year-old Belgian
Malinois canine be accepted for use by the Isle of Wight County Sheriff's Office.
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BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of
Wight is authorized to do all things necessary to give this resolution effect.
County Administrator Keaton recalled that several years ago a capital
maintenance fund was created for the Schools with the intent to be used for
unexpected smaller expenses which could be carried over year to year if unspent
in a year and accumulate for larger projects that would not be handled in the
normal CIP process. He advised that $250,000 in this year's budget has been
spent and the County is in receipt of an invoice for a School project and the
County cannot pay the full amount.
Regarding a Resolution to Re -appropriate Unspent Funds from the FY2017
General Fund Assigned Fund Balance to the FY2018 General Fund School
Maintenance and Repair Account ($465,415),
Responsive to Supervisor Grice, County Administrator Keaton is to obtain the
amount of the invoice for the School project and any limitations/how it can be
applied for action at the Board's May 3, 2018 work session.
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At 9:30 p.m., Chairman Jefferson declared the meeting adjourned.
�",qy c c
C rey M IIs S orm, Clerk
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Rudolph Jefferson, Chairman