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08-3-2023 Work SessionWORK SESSION 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 LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE THIRD DAY OF AUGUST IN THE YEAR TWO THOUSAND AND TWENTY-THREE BOARD MEMBERS PRESENT: Joel C. Acree, District 4, Vice -Chairman Richard L. Grice, District 1 Don G. Rosie, II, District 5 Rudolph Jefferson, District 3 BOARD MEMBERS ABSENT: William M. McCarty, Sr., District 2, Chairman STAFF MEMBERS PRESENT: Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Robert W. Jones, Jr., County Attorney Carey Mills Storm, Clerk CALL TO ORDER In the absence of Chairman McCarty, Vice -Chairman Acree called the regular meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor Jefferson moved to approve the agenda as presented. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. INVOCATION Mr. Bob Neal delivered the invocation and led the Pledge of Allegiance to the flag. 1 PUBLIC HEARINGS A. Resolution to Authorize Initiation of Condemnation Proceedings and Use of "Quick Take" Procedures for Acquisition of Propertyand Interests in Property for the Nike Park Road Extension Project, State Project Number: 0069-046- 682, RW201, Federal Project Number: STP-58B3 (052), Isle of Wight County, UPC: 109314 The necessary easement has successfully been acquired by the County except for a parcel entitled State Project Number: 0069-046-682, RW201, Federal Project Number: STP-58133 (052), Isle of Wight County, UPC: 109314. Due to unsuccessful attempts to work with property owners and in order to stay on VDOT's schedule, adoption of a resolution authorizing condemnation proceedings and use of "quick take" procedures is recommended. Vice -Chairman Acree opened the public hearing and called for comments of those in favor of or in opposition to the condemnation proceedings. No one appeared and Vice -Chairman Acree closed the public hearing and called for comments from the Board. At Vice -Chairman Acree's request, Jamie Oliver, Transportation Administrator, was requested to develop a project summary for listing on the County's website explaining how the project will affect long-range traffic coming off the James River Bridge. Supervisor Jefferson moved that the following resolution be adopted: Resolution to Authorize Initiation of Condemnation Proceedings and Use of "Quick Take" Procedures for Acquisition of Property and Interests in Property for the Nike Park Road Extension Project, State Project Number: 0069-046-682, RW201, Federal Project Number: STP-58133 (052), Isle of Wight County, UPC: 109314 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia (the "Board"), on November 18, 2021 adopted a resolution to cost share and participate in the design and construction of the Nike Park Road Extension (the "Project") and directed staff and the County Attorney to begin the process of coordinating the acquisition of all necessary property interests, easements, and rights of way; and WHEREAS, in order to accomplish the Project, it is necessary for Isle of Wight County to acquire the property and interests in property (the "Property and Easements") shown and described on the following survey (the "Project Survey"): Survey entitled "Commonwealth of Virginia, Department of Transportation, Plan and Profile of Proposed State Highway, County of Isle of Wight, Nike Park Road Extension, From: 0.0520 Miles North of Route 665 To: 0.0018 Miles West of Route 17", a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference; and WHEREAS, transportation facilities, including road construction and improvements and related easements and rights -of ways, when undertaken by a locality are inherently public uses as provided in Virginia Code § 15.2-1902 and, in accordance with Virginia Code §§ 15.2-1901 and 15.2-1901.1, Isle of Wight County is authorized to acquire real property and interests in real property for public use by exercise of the power of eminent domain; and WHEREAS, in accordance with Virginia Code §§ 25.1-303, 25.1-204, and 25.1-417 title examinations of the Property and Easements have been conducted to identify the owners and the nature and extent of their interests; the amount of just compensation to be offered for the Property and Easements has been established by appraisal, or by basic administrative report where appraisal is not required and less than the entire parcel is to be acquired; and the appraisals and basic administrative reports have been approved by the County Administrator, who is the Isle of Wight County official responsible for the acquisition; and WHEREAS, in accordance with Virginia Code §§ 25.1-303, 25.1-204, and 25.1- 417(A)(1), Isle of Wight County has made a bona fide but as yet ineffectual effort to purchase, or consent cannot be obtained, from the owners of the Property and Easements listed on Exhibit "B" attached hereto and incorporated herein by reference (the "Outstanding Interests"); and WHEREAS, in order to move forward with the Project as expeditiously as possible, it is necessary for Isle of Wight County to enter upon the Property and Easements as soon as practicable; and 3 WHEREAS, on August 3, 2023, following proper notice published according to law, the Board has held a public hearing pursuant to Va. Code §§ 15.2-1903(B), 15.2- 1904(A), and 15.2-1905(C). NOW THEREFORE, BE IT HEREBY RESOLVED by the Board that: (1)AII recitals set forth herein above are hereby incorporated as a part of this Resolution. (2)The Board declares that the Nike Park Road Extension Project will promote public safety and facilitate the safe movement of traffic and is a public use under Va. Code §§ 1-219.1 and 15.2-1902. (3)The Board hereby approves and re -approves the Nike Park Road Extension Project. (4)The Board hereby directs the acquisition of the Property and Easements for the Nike Park Road Extension Project by through the exercise of its power of eminent domain, provided, however, that nothing in the Resolution shall be construed as preventing the continued negotiation for the acquisition by purchase or other means of the property before the initiation of any such eminent domain proceedings. (5)The Board hereby declares and states that: (i) it intends to enter and take the Outstanding Interests for the purposes of the Nike Park Road Extension Project; (ii) the compensation and damages, if any, for the Outstanding Interests offered each property owner are set forth on Exhibit "B" attached hereto and incorporated herein by reference; (iii) it is necessary to enter upon and take the Outstanding Interests prior to or during the condemnation proceedings for the purposes of the Nike Park Road Extension Project; (6)The Board hereby ratifies and approves the written offers of just compensation for purchase of the Property and Easements by Isle of Wight County previously delivered, or attempted to be delivered, to owner(s), including the factual basis for such offers and all exhibits thereto, and confirms that the acquisition of the Property and Easements complies with Virginia Code § 1219.1. (7) Randy R. Keaton, County Administrator of Isle of Wight County, Virginia, and Robert W. Jones, Jr., Isle of Wight County Attorney, are hereby authorized and directed to take and authorize the taking of such actions, and to execute such 4 documents, on behalf of Isle of Wight County and/or the Board as may be necessary or appropriate to accomplish the acquisition of the Property and Easements and carry out the provisions of this resolution in accordance with applicable law, which may include but shall not be limited to instituting and conducting condemnation proceedings in the name of the Board in accordance with the "quick take" procedure set forth in Virginia Code § 25.1-300 et seq. and filing appropriate certificates of take in, and making appropriate payments into, the Circuit Court of Isle of Wight County, Virginia. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. B. Non -Exclusive Utility Easement on County Owned Land at Heritage Park to Cellco Partnership d/b/a Verizon Wireless In order for Verizon to provide a fiber broadband facility into the Fairgrounds, the County must grant Verizon a utility easement with the hope that it will be in place for this year's Fair. Vice -Chairman Acree opened the public hearing and called for comments of those in favor of or in opposition to the matter. No one appeared and Vice -Chairman Acree closed the public hearing and called for comments from the Board. Supervisor Jefferson moved to authorize the execution of the Deed of Easement and all necessary closing documents. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. COUNTY ADMINISTRATOR'S REPORT Will Drewery, Emergency Management Coordinator, provided an overview of the recently held 2023 VOPEX Operations Plan exercise which included a review of the Emergency Planning and Protective Action Zones and the Radiological Emergency 5 Response Plan. A review followed of the Virginia Emergency Operations Plan and Evaluation Criteria involving the EOC operations; school district processes; traffic and access control; and, exposure control. The Board was apprised that the County was found to have no findings. While there were some issues with the decontamination portion in the EOC, they were rectified before any findings were presented. Mr. Drewery responded to questions regarding evacuation of physically challenged citizens; the advantages over the replacement of the old siren system versus the new system; and the need for an evaluation of the size of the EOC which needs to better accommodate the need of personnel to remain in the EOC for numerous days at a time, showers and a place to rest. The Board took a recess and upon returning to open session, Vice -Chairman Acree called for Unfinished/Old Business matters. Reconsideration of Carver Solar Energy Generation Facility Conditional Use Permit Request County Attorney Jones advised that the Board, at its February 23, 2023 meeting, had voted to schedule the Carver solar project to its December 2023 meeting. As no action has been taken on that motion by the Board, it would be appropriate to act today to rescind the Board's February 23, 2023 motion. Supervisor Jefferson moved to rescind the action of the Board's February 23, 2023 vote. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. Supervisor Grice moved that the Carver CUP for its solar project and its related siting agreement be on the agenda for the Board's August 17, 2023 meeting under Old Business for further action. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. 11 APPOINTMENTS Supervisor Grice moved that Lawrence W. Yoakum, III be recommended to the Circuit Court Judge to fill the unexpired term of Andrew R. MacConnell on the Board of Zoning Appeals representing District 5. His term will expire in June of 2025. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. Supervisor Rosie moved that Shawn Carr be recommended to the Circuit Court Judge to serve an additional five-year term on the Board of Zoning Appeals representing District 5. Her term will expire in June of 2028. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. Supervisor Rosie moved that Andrew R. MacConnell be recommended to the Circuit Court Judge to serve a one-year term on the Board of Equalization representing District 5. His term will expire in July of 2024. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. NEW BUSINESS A Resolution to Execute a Master Lease Purchase Agreement for the Purchase of New Vehicles was presented for consideration by County Administrator Keaton in the amount of $600,000 with HomeTrust Bank at an interest rate of 3.840% for a five-year program. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, APPROVING THE FINANCING OF EQUIPMENT AND THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS PREPARED IN CONNECTION THEREWITH The Board of Supervisors of the County of Isle of Wight, Virginia (the "Board") has determined it is in the best interest of the County of Isle of Wight, a body politic of the Commonwealth of Virginia (the "County") to undertake the financing of various vehicles (the "Project"), and the Finance Director has now presented a proposal for the financing of such Project. HomeTrust Bank has indicated its willingness to provide financing for the Project in accordance with its proposal dated July 17, 2023. The amount financed shall not exceed $600,000.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 3.840%, and the financing term shall not exceed five years from closing. THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. The recitals above are found and determined to be a part of this resolution. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. The County Administrator and/or Finance Director of the County are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The County Administrator is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The County Administrator is authorized to approve changes to any Financing Documents previously signed by County officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the County Administrator shall approve, with the County Administrator's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. H 4. The County shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. 5. To the extent necessary, the County intends that the adoption of this resolution will be a declaration of the County's official intent under Treas. Reg. §1.150-2 (the "Reimbursement Regulations") promulgated under the Internal Revenue Code of 1986, as amended, to expenditures for the Project. The County intends that funds that have been advanced, or that may be advanced, from the County's general fund, or any other County fund related to the Project, for Project costs may be reimbursed from the financing proceeds. 6. All prior actions of County officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. 7. The County has not and will not issue more than $10 Million in debt during the calendar year in which the Lease is written, in order that this transaction be in compliance with the "Small Issuer Exemption" as defined in Section 265(b) of the Internal Revenue Code of 1986, as currently amended. 8. This resolution shall take effect immediately. The motion was adopted (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no Supervisors voting against the motion; and, Chairman McCarty absent from the meeting. BOARD REQUESTS Staff was requested to investigate the old building on property located on Scotts Factory Road. Vice -Chairman Acree expressed appreciation to staff for its help in identifying what can and cannot be done with a private wastewater treatment plant in the Carrollton area. A County Administrator Keaton informed the Board that Michael Stallings has contacted him regarding the Smithfield Town Council's request to conduct an intergovernmental meeting with the County. He offered to send a follow up to the Board with a request that they look at their respective calendars. The Board discussed the need to meet jointly with the Towns of Smithfield and Windsor to discuss mutual issues between the County and the towns. He is to contact the towns with the request for a quarterly briefing from each of those jurisdictions. At the request of Supervisor Jefferson, County Attorney Jones confirmed that the Board has no authority in the types of flags flown at citizens' homes. ADJOURNMENT At 8:00 p.m., Vice -Chairman Acree declared the work session adjourned. Carey Mills Storm, Clerk Joel C. Acr4 Vice-Cb2w'rman 10