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12-13-2018 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 THIRTEENTH DAY OF DECEMBER 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 (Arrived at 5:05 p.m.) Joel C. Acree, Windsor District 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 M. 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 Acree moved that the agenda be approved as amended with the following items being added under Old Business: 1.) Discussion regarding a potential RFP to gain consultant assistance in attracting heavy water users to Shirley T. Holland Intermodal Park; discussion on a Financial/Accounting Management Board or Committee; and, discussion regarding a consultant to address business unfriendly reputation. The motion was adopted unanimously (4- 0) with Supervisor Rosie 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; Upon motion of Supervisor, the Board entered the closed meeting for the reasons stated by Interim County Attorney Jones, which was adopted unanimously (5-0 pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel pertaining to actual or probable litigation where such consultation or briefing in open would adversely affect the negotiating or litigating posture of the Board. Upon motion of Supervisor McCarty, the Board reconvened into open meeting, which was adopted unanimously (4-0) with Supervisor Rosie absent from the meeting. 1 Supervisor Rosie arrived at the meeting at 5:05 p.m. 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, Grice, Jefferson, McCarty and Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Pastor Randy Green, Harvest Baptist Fellowship Church, delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Sharon Hart, Newport District, notified the Board about a Chesapeake Bay violation at 16078 Butterfield Lane in Carrollton for which no citation has been issued. 2 CONSENT AGENDA Supervisor Acree moved that the following Consent Agenda be adopted which was adopted by unanimous vote (5-0): A. Resolution to Commit Future Funding in the Amount of $1,000,000 from the Unassigned Fund Balance to the FY2019-20 Budget to Update the HVAC System at Smithfield High School B. Execution of an Amendment to Extend the Agriculture and Forestry Industries Development Grant Fund Agreement for Franklin Lumber by 15 Months C. Resolution to Establish a Fire & Rescue Advisory Board that Creates a Formal Process to ensure collaborative Input Amongst stakeholders on Items Impacting the Fire/EMS System D. Rescind the Appointment of Mr. Jim Montgomery to the Board of Building Code Appeals E. Minutes of the July 20, 2018 Windsor Intergovernmental Relations Committee Meeting; the August 2, 2018 Work Session; the August 16, 2018 Regular Meeting; the September 6, 2018 Special Meeting; and, the September 10, 2018 Special Meeting REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor McCarty reported that it was discussed at the most recent meeting of the Hampton Roads Military Federal Facilities Alliance that there should not be any BRAC cuts to this region over the next two to four years. Supervisor Acree reported on items discussed at the most recent Hampton Roads Transportation Accountability Commission meeting. APPOINTMENTS Supervisor Grice moved that Bobby Jones, Jr. be appointed to serve as the Alternate on the Western Tidewater Water Authority. The motion was adopted unanimously (5-0). SPECIAL PRESENTATIONS Mark C. Popovich, the former County Attorney, was presented with a formal resolution recognizing his service to the County. Supervisor Rosie moved that the following Resolution be adopted, which was adopted unanimously (5-0): RESOLUTION TO RECOGNIZE AND APPRECIATE 3 MARK C. POPOVICH WHEREAS, Mr. Mark C. Popovich began his employment with the County of Isle of Wight, Virginia as the Assistant County Attorney in May 2004 and was appointed to the position of County Attorney in August 2011; and, WHEREAS, during his tenure with the County, Mr. Popovich represented the County well and provided legal assistance and wise counsel regarding many challenging legal issues; and, WHEREAS, Mr. Popovich distinguished himself as one of the leading local government attorneys in the Commonwealth of Virginia as evidenced by his service to local boards, commissions, and committees, regional authorities, and statewide as a member of the Board of Directors of the Local Government Attorneys of Virginia; and, WHEREAS, Mr. Popovich resigned from formal employment with Isle of Wight County on August 31, 2018. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Mark C. Popovich for outstanding achievement and distinguished service to the citizens of Isle of Wight County in the role of County Attorney. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Mark C. Popovich its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this thirteenth day of December 2018. COUNTY ATTORNEY'S REPORT The Board's By-laws and Rules of Procedure were presented for review and suggested revisions. Interim County Attorney Jones noted that final adoption will occur at the Board's January 3, 2019 organizational meeting. PUBLIC HEARINGS A. Application of KS Carrollton, LLC, Applicant, and Nathan J. Forrest, Owner, to Rezone a 1.134 Parcel Located at the Corner of Carrollton Boulevard (Rte. 17) and Sugar Hill Road (Rte. 661) from General Commercial (GC) to Urban Residential (UR) to Allow for a 12-Unit Condominium Structure. Amy Ring, Director of Planning & Zoning, represented the request to allow construction of a twelve -unit condominium building. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to speak. Jeremy Kooiman, on behalf of the applicant, represented the application. 4 Sharon Hart of the Newport District expressed concern with the number of multi- unit condominiums proposed. She stated there are already 2400 units approved in close proximity that are ready to go, but for whatever reason, are not being built. She noted there is already a traffic problem in that area, especially at the James River Bridge. Sarah Robinson of the Newport District spoke in favor of the application noting it is a good use of the land. She stated there is a need for elderly housing in the County. Chairman Jefferson closed the public hearing. Supervisor McCarty commented that VDOT does not believe this application is going to have an impact, yet this is the reason that staff recommended denial of the application. He agreed that affordable housing is needed and the land is situated next to residential. He stated this is not a large development, nor a rental type property. Supervisor Grice inquired if Mr. Kooiman had given any thought to the suggestions offered by Mr. Finderson at the Planning Commission meeting. Mr. Kooiman advised that he had spoken with Mr. Finderson following the Planning Commission meeting and had informed him that he would take into consideration his suggestions. Supervisor Rosie inquired about the economic impact projected by the project. Ms. Ring responded that an economic impact statement is designed to show a comparison of expected revenues and the cost to provide services to the proposed future development; however, while Mr. Kooiman had described general revenues that could be produced by the development, he had failed to address the cost that could be generated by the development. Supervisor Rosie commented that the proposed development is a relatively small project and should not have a lot of impact one way or the other. Supervisor Acree remarked that he could not vote in favor because of existing traffic issues and because it is not known how the community would be affected. Chairman Jefferson spoke in support of the project being built for physically and/or mentally challenged individuals. Supervisor McCarty moved that the application be approved. The motion was adopted (3-2) with Supervisors Acree and Rosie voting against the motion. The Board took a recess and returned to open meeting. 5 B. Application of Sarah Robinson, Owner, for a Conditional Use Permit on 13 Acres Located at 13302 Doggett Lane to Allow for a Boathouse to be Located Where There is No Existing Residence Malina Springer, Principal Planner, represented the application. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to speak. No one appeared and spoke in favor or against the 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 Danny Byrum, Fair Chairman, provided a follow-up report on the 2018 County Fair. Matters for the Board's information were highlighted by County Administrator Keaton. County Administrator Keaton updated the Board regarding the radio project for the E-911 Center. County Administrator Keaton notified the Board that budget request letters have been disseminated. County Administrator Keaton updated the Board on a wetlands determination on property under consideration for a proposed juvenile facility in Phase III of the Shirley T. Holland Industrial Park. County Administrator Keaton relayed that the School Board is requesting additional information for the upcoming CIP and he will copy the Board on his response to the Superintendent. UNFINISHED/OLD BUSINESS County Administrator Keaton presented a Memorandum of Understanding for 9- 1-1 backup services to be provided by the City of Suffolk for the Board's consideration. Supervisor McCarty moved that the Memorandum of Understanding to establish the City of Suffolk Emergency Communications Center as the County's backup 911 facility be adopted. The motion was adopted unanimously (5-0). 6 Following a recommendation from Supervisor Grice that the County issue an RFP for water users in the Shirley T. Holland Intermodal Park, Supervisor McCarty moved that the existing contract be canceled and another RFP be solicited seeking water using industries to come into the County. The motion was adopted unanimously (5-0). Regarding a recommendation from Supervisor Grice that a Financial/Accounting Management Board or Committee be created to review the CIP, perform long- range planning for the County and to advise how projects will be funded, it was the consensus of the Board that staff place this item on the Board's January 4, 2019 agenda for further discussion. Regarding a recommendation from Supervisor Grice of the need to solicit a consultant to address policies and procedures that would lead to corrective action of the County's business unfriendly reputation, it was the consensus of the Board that staff place this item on the Board's January 4, 2019 agenda for further discussion. NEW BUSINESS A. Application of Wayne C. and Margaret L. Cone, Owners, for an Exception to Article IX, Section 9-1006.C.1.(iii)(a) and Section 9-1006.C.2(b)(3) of the Zoning Ordinance to Allow for a Reduced Setback from the Right of Way and to Exceed the Maximum Height Allowed in Order to Replace a Destroyed Double Post Sign. Sandra Robinson, Planner, represented the application requesting an exception to the sign ordinance setback and height requirements to replace a sign that was destroyed by a car accident. Supervisor Acree moved that the application be approved and that the sign have breakaway standards. The motion was adopted unanimously (5-0). B. Resolution to Authorize Design Waiver for Replacement of the One -Lane Bridge on Dews Plantation Road Over Stallings Creek Tommy Catlett, Virginia Department of Transportation, represented VDOT's request to install a new sixteen (16) foot wide, one -lane bridge structure on Dews Plantation Road over Stallings Creek (Route 683) in the Hardy Election District. It was noted that a replacement bridge meeting full VDOT standards may be too large of a facility for the context of the area and VDOT has proposed a sixteen (16) foot wide, one -lane bridge replacement project instead. Chairman Jefferson moved that the following Resolution be approved which was adopted unanimously (5-0): RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, CONCURRENCE OF A DESIGN WAIVER FOR A ONE -LANE BRIDGE ON DEWS PLANTATION ROAD (ROUTE 683) 7 WHEREAS, the Virginia Department of Transportation (VDOT) has identified a need to replace the existing bridge on Dews Plantation Road (Route 683) over Stallings Creek; and, WHEREAS, the existing structure is structurally deficient and scheduled to be replaced using State of Good Repair funding; and, WHEREAS, the existing bridge is a one -lane, fifteen (15) foot -wide bridge with a thirty (30) foot right-of-way; and, WHEREAS, a replacement bridge meeting full VDOT standards may be too large of a facility for the context of the area and VDOT has proposed a sixteen (16) foot wide, one -lane bridge replacement project; and, WHEREAS, a reduction in the scope of the project will still meet the need of the community and will meet the need of County first responders and include less environmental impacts. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, hereby concurs with the proposed design waiver to install a new sixteen (16) foot wide, one -lane bridge structure on Dews Plantation Road (Route 683) in the Hardy Election District. BE IT FURTHER RESOLVED that this Board requests that VDOT hold a public meeting in the community which will be impacted to present the proposed design and resolve any additional or outstanding community concerns prior to construction. Chairman Jefferson requested Mr. Catlett report back on the status of the old bridge on Wrenn's Mill Road. Supervisor Acree notified Mr. Catlett that water pools when it rains on Sandy Ridge between Longview and Quaker Roads and that the two culvert pipes on Quaker Road are beginning to separate and will eventually cave in. Chairman Jefferson notified Mr. Catlett of a pothole in need of repair at the intersection of Burwells Bay Road and Edwards Circle. Supervisor Rosie requested Mr. Catlett to investigate flooding issues in Walters with respect to Route 258 being a major thoroughfare and an evacuation route. Ms. Oliver offered to provide Supervisor Rosie with a copy of a study done which showed the cost to replace the culverts was estimated at $750,000. Supervisor McCarty mentioned that widening Route 17 and the connector bridges into Suffolk is needed. ADJOURNMENT At 9:00 p.m., Chairman Jefferson declared the meeting adjourned. &W;bOOP Rudolph Jefferson, Chairman Ca ills orm, Clerk