10-18-2018 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 EIGHTEENTH DAY OF OCTOBER 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 (Arrived at 5:10 p.m.)
Richard L. Grice, Smithfield District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., Interim County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey Mills Storm, Clerk
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 approved with the addition of an
item under New Business pertaining to school expenditures. The motion was
adopted unanimously (4-0) with Supervisor Acree absent from the meeting.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by Interim
County Attorney Jones:
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 Section 2.2-3711(A)(7) regarding consultation with
legal counsel pertaining to actual litigation where such litigation in open meeting
would adversely affect the litigation posture of the public body; and, pursuant to
Section 2.2-3711(A)(1) regarding a discussion concerning prospective candidates
for employment.
Upon motion of Supervisor McCarty and all voting in favor, the Board entered the
closed meeting for the reasons stated by Interim County Attorney Jones.
Supervisor Acree arrived at the meeting.
Upon motion of Supervisor Acree and all voting in favor, the Board reconvened
into open meeting.
Interim County Attorney Jones 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
Supervisor McCarty delivered the invocation and led the Pledge of Allegiance to
the American Flag.
CITIZENS' COMMENTS
Jessica Jackman of the Hardy District submitted a petition signed by citizens living
from 338 to 220 Grace Street requesting that they be moved from the Hardy
District to the Smithfield District. She further requested that an audit be
conducted on the School Board budget.
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Charlie Broadwater, Western Tidewater Free Clinic, updated the Board on
services received by County residents at the clinic as follows: 360 County
residents served by the clinic this year through 4,668 medical visits and 127
County residents served through 407 dental visits; $2.3 million dollars received by
County residents in free medications; that volunteers have donated 4,626 hours
to the Clinic of which 37 are County volunteers; that 43 County residents have
taken advantage of eligibility appointments at the Isle of Wight Health
Department in Smithfield; that 219 County residents have donated over $510,000
to the clinic; that 67 County residents have donated over $40,000 to the clinic;
and, that the clinic will begin accepting Medicaid focused on the clinic's existing
patients.
Under Board comments, Supervisor Acree addressed the deliverance of the
invocation by Supervisor McCarty; responded that the Board does not have the
authority to change boundary lines which are redrawn every ten years by the
Electoral Board to rebalance the districts; recognized County citizens for their
contribution to the Western Tidewater Free Clinic; and, advised that Ms. Jackson's
concerns with the School Board budget will be addressed at a future Chair and
Vice Chairman meeting.
Supervisor McCarty commended donors to the Western Tidewater Free Clinic and
requested County Administrator Keaton to contact the Registrar regarding the
process associated with determining boundary lines for precincts.
Supervisor Rosie recognized the volunteers of the Western Tidewater Free Clinic.
Supervisor Grice commented that the County had increased its monetary
contribution to the Clinic this year.
Chairman Jefferson commented that Supervisor McCarty had contacted two
pastors who were unavailable to deliver the invocation and noted that the Hardy
District line was drawn in an effort to establish a majority/minority district.
CONSENT AGENDA
A. Resolution to Congratulate the Isle of Wight Volunteer Rescue Squad
on the Occasion of Its 50th Anniversary
B. Resolution to Accept and Appropriate Virginia Commission for the
Arts Government Challenge Grant Funds for the Smithfield Cultural
Arts League ($4,500)
C. Resolution to Accept and Appropriate 2018 Local Emergency
Management Performance Grant (LEMPG) Award ($7,500) for Public
Outreach, Training and Equipment
D. Resolution to Accept and Appropriate Grant Funds from the Virginia
Circuit Court Records Preservation Program (13,169) for the Circuit
Court Clerk's Office for Historical Records Collections
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E. Authorize Execution of an Employment Agreement for Randy R.
Keaton, County Administrator
F. Resolution to Re -Appropriate Unspent Funds from the FY 2018
General Fund Fund Balance to the FY 2019 General Fund ($620,000)
for the County Attorney's office for future legal related services in
FY2019 in the amount of $490,000 and the Planning and Zoning
Department to cover costs related to the County's new
Comprehensive Plan in FY2019 in the amount of $130,000
G. Resolution to Appoint Gary L. Eanes, Partner, of Wampler-Eanes
Appraisal Group Ltd., Assessor for the FY19 General Reassessment of
Real Estate for Isle of Wight County
Supervisor McCarty moved that the Consent Agenda be adopted as presented.
The motion was adopted unanimously (5-0).
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor McCarty distributed a report entitled "Hampton Roads Regional
Benchmarking Study" and advised that information relative to where the County
stands in the region will be presented at the Board's November meeting.
Supervisor Acree reported on discussion at the Hampton Roads Transportation
Planning Organization meeting involving the replacement of existing trusses in the
Hampton Roads bridge tunnel and the responsibility of VDOT to replace all
existing trusses.
Supervisor Rosie reported on the success of the most recent meeting of the
Windsor Intergovernmental Relations Committee.
Supervisor Grice reported on activities associated with the Commission on Aging.
County Administrator Keaton reported that the Wheelabrator contract had been
approved at the most recent SPSA meeting and that he had been appointed as
Treasurer of the Hampton Roads Planning District Commission.
SPECIAL PRESENTATIONS
Tommy Catlett, Virginia Department of Transportation, presented maintenance
updates for roadways, including paving, mowing and ditch maintenance.
Supervisor McCarty requested that lines be drawn on the roadway on Route 17 at
Brewer's Neck Road; that improvements be made to Channel Way on Route 17
which currently does not allow sufficient room to turn around when traveling
southbound; and, that the roads in the Ashby Subdivision be maintained by VDOT.
Supervisor Rosie requested that he be provided with information discussed by
previous VDOT administrations related to the raising of the dip in the road on
Route 258 in Walters.
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Supervisor Acree requested repairs be made to a collapsed driveway pipe on
Whitehead Farm Lane.
PUBLIC HEARINGS
A. Resolution to Amend SPSA Articles of Incorporation
Chairman Jefferson opened the public hearing and called for those to speak in
favor of or in opposition to the Resolution.
County Administrator Keaton advised that the change is pursuant to action taken
by the General Assembly to amend House Bill 1560 to delete the two -term
limitation.
Chairman Jefferson closed the public hearing and called for comments by the
Board.
Supervisor McCarty moved that the following Resolution be adopted which was
adopted unanimously (5-0):
CONCURRENT RESOLUTION ADOPTING AMENDED AND RESTATED ARTICLES OF
INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF
VIRGINIA
WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and
Virginia Beach, and the counties of Isle of Wight and Southampton ("Member
Localities") created the Southeastern Public Service Authority of Virginia ("SPSA")
pursuant to the Virginia Water and Waste Authorities Act (the "Act"), Va. Code §
15.2-5100, et seq.; and
WHEREAS, by amendment to the Act enacted under 2015 Va. Acts of Assembly
House Bill 1560 and codified in Va. Code § 15.2-5102.1, certain changes were
made regarding term limitations for members of SPSA's Board of Directors
appointed by the Member Localities, that require amendments to its Articles of
Incorporation (the "Articles"); and
WHEREAS, the amendments that are needed to bring the Articles into
conformance with the changes in the Act are set forth in the attached Amended
and Restated Articles of Incorporation (the "Amended Articles"); and
WHEREAS, the Act requires that any amendments to the Articles must be adopted
by concurrent resolutions, ordinances or agreements of all the Member Localities
and that before any resolutions can be adopted, the councils and boards of
supervisors of each of the Member Localities must comply with certain notice,
advertising and public hearing requirements set forth in the Act; and
WHEREAS, in furtherance of the requirements of the Act, proper notice of a
hearing and other information required by the Act was published and the councils
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and boards of supervisors of the Member Localities ("Councils and Boards")
adopted separate resolutions approving and adopting the Amended Articles; and
WHEREAS, the separate resolutions of the Member Localities authorized each of
the Member Localities to execute this single Concurrent Resolution.
NOW, THEREFORE BE IT RESOLVED by the cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk and Virginia Beach, and the counties of Isle of Wight and
Southampton ("Member Localities"):
1. The preliminary estimates of capital costs, proposals for any specific
projects to be undertaken by the Authority and preliminary estimates of initial
rates for services of such projects were not included in the Amended Articles
because they are not germane to the process of amending the Articles and, in any
event, the councils and boards of the Member Localities find that inclusion of
such information is impracticable.
2. Pursuant to the provisions of the Act, the Councils and Boards
approve and adopt the Amended Articles.
3. This resolution adopting the Amended Articles shall be effective as of
July 1, 2018.
4. The Councils and Boards direct that the proper officers of each of
them (i) execute the Amended Articles attached hereto, (ii) cause the executed
Amended Articles to be filed with the Virginia State Corporation Commission, and
(iii) do all other things necessary or appropriate to amend the Articles pursuant to
the Amended Articles, including the execution of this single Concurrent
Resolution with other Member Localities.
IN WITNESS WHEREOF, the Councils of the Cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk, Virginia Beach and the Boards of Supervisors of the Counties
of Isle of Wight and Southampton have caused this Concurrent Resolution to be
executed on their behalf by their proper officers and their seals to be affixed and
attested by their Clerks on the date appearing above the seal.
B. Application of Bay Sand Company, Inc., Applicant, and the Estate of EE
Holloway, Jr., Owner, for a Conditional Use Permit on 20 Acres of Land out
of a 60-acre parcel Located on a private road off of Muddy Cross Drive (Rte.
620) to allow for the expansion of an existing resource extraction operation
to be permitted on the property with tax map number 32-01-080.
Chairman Jefferson opened the public hearing and called for those to speak in
favor of or in opposition to the proposed application.
Richard Rudnicki, Assistant Director of Planning & Zoning, represented the history
of the application.
William Riddick, Attorney for the applicant, stated Bay Sand Company, Inc.
provides 11 jobs and has paid over $750,000 to the County in extraction fees since
2006. He distributed pictures of the reclaimed borrow pit behind the Food Lion in
Smithfield and stated borrow pits provide water for agricultural and recreational
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purposes and none of the borrow pits in the County have failed to be reclaimed as
required. He advised that Muddy Cross will be power swept at least three times a
week and as needed and that the existing pit is 97% exhausted.
William Parrish, 311 Parkway, Newport News, stated these borrow pits do turn
into lakes which bring in geese. He stated the agriculture is going to continue to
change and the key is irrigation. He stated one day these lakes will be tapped into
because the State is going to restrict farmers from tapping into the aquifers and
surface water is going to be the key. He stated water from them can also be used
for firefighting purposes. He stated borrow pits are going to turn into regional
BMPs in the future so that the water can be claimed before going into the
Chesapeake Bay.
Albert Burckard of the Newport District spoke against the borrow pit because
what is gone will be gone forever and it will destroy thousands of years of
archeological evidence, leaving devastation of the delicate ecology. He requested
that the Board require a phase 1 archeological survey and on behalf of the Isle of
Wight Citizens Association, he is asking the Board to deny this application.
Chairman Jefferson closed the public hearing.
Supervisor Acree moved that the application be approved. The motion was
adopted unanimously (5-0).
COUNTY ADMINISTRATOR'S REPORT
County Administrator Keaton provided a report on forestry management and
timbering activities in Phase III of the Shirley T. Holland Intermodal Park.
Matters for the Board's Information were highlighted by County Administrator
Keaton.
UNFINISHED/OLD BUSINESS
County Administrator Keaton requested consideration of an appropriation to the
Windsor Volunteer Fire Department for unusual operating expenditures due to
higher vehicle expenses.
Supervisor McCarty moved to reimburse the over expenses submitted by the
Windsor Volunteer Fire Department in the amount of $29,589 and that a report
from the Fire & Rescue Association be provided to the Board. The motion was
adopted unanimously (5-0).
NEW BUSINESS
Michael Etheridge, Solid Waste Manager, addressed the Board regarding an
implementation plan that will allow residents to dispose of residential
construction debris at the County's refuse and recycling centers.
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Supervisor McCarty moved that the residential construction debris
implementation plan for refuse and recycling centers be adopted. The motion
was adopted unanimously (5-0).
Supervisor McCarty moved that the following Resolution and legislative proposals
be adopted as amended to reflect proffers, impact fees, VDOT Stormwater system
maintenance and broadband financing assistance as the County's top priorities:
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES
FOR THE
2019 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that affect local
governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight has specific interest in matters dealing
generally with local governments, as well as with matters directly impacting the
County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight County's General
Assembly Delegation so that it may know of the County's position on these
important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia endorses the attached
legislative proposals for the 2019 General Assembly Session and directs that both
this resolution and the legislative priorities be forwarded to Isle of Wight County's
General Assembly Delegation and that staff work with and assist the Delegation
as appropriate.
Legislative Proposals
1. Education Funding Support from the Commonwealth
2. Exemption of State Revenue Recovery for Western Tidewater Regional Jail
3. Limited Residential Lodging Act
4. Equity in Authority for Counties, Cities and Towns
5. Unfunded Mandates
6. Transportation Funding
7. Proffer/Impact Fees
S. Assistance for Broadband Internet
The motion was adopted unanimously (5-0).
Assistant County Administrator Robertson requested the Board to designate a
voting and alternate delegate that will be authorized to vote at the Virginia
Association of County's annual business meeting.
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Supervisor Acree moved to designate the Chairman as the County's Voting
Delegate and the Vice -Chairman as the Alternate Delegate authorized to vote at
the VACo annual business meeting. The motion was adopted unanimously (5-0).
Supervisor Grice moved that the administrative restriction be lifted concerning
school expenditures. The motion was adopted unanimously (5-0).
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County Attorney Jones requested a closed meeting pursuant to Section 2.2-
3711(A)(1)A= regarding a discussion concerning prospective candidates for
employment.
Supervisor Acree moved that the Board enter the closed meeting for the reason
stated by County Attorney Jones. The motion was adopted unanimously (5-0).
Supervisor Acree moved that the Board return to open session. The motion was
adopted unanimously (5-0).
Interim County Attorney Jones 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 Acree, 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, McCarty and Rosie
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NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
ADJOURNMENT
At 9:00 p.m., Chairman Jefferson declared the meeting adjourned.
0 Rudolph Jefferson, Chairman
arey ills St6rm, Clerk
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