SUPERVISORS ABSENT OTHERS ABSENT. A motion is required to convene a closed meeting for the purposes described above.

Transcription

1 At a regular meeting of the Southampton County Board of Supervisors held in the Board Room of the Southampton County Office Center, Administration Center Drive, Courtland, Virginia on January 22, 2018 at 6:00 PM. SUPERVISORS PRESENT, Chairman (Drewryville), Vice Chairman (Berlin-Ivor) R. Randolph Cook (Newsoms) Dr. Alan W. Edwards (Jerusalem) Carl J. Faison (Boykins-Branchville) S. Bruce Phillips (Capron) (Franklin) SUPERVISORS ABSENT OTHERS PRESENT Michael W. Johnson, County Administrator (Clerk) Lynette C. Lowe, Deputy County Administrator/Chief Financial Officer Julien W. Johnson, Jr. Public Utilities Director Richard E. Railey, Jr., County Attorney Frances Duke, Administrative Assistant OTHERS ABSENT Chairman Jones called the meeting to order. After the Pledge of Allegiance, Chairman Jones stated that the first item on the agenda is a closed session. Supervisor West moved that the Board enter into a closed meeting in accordance with provisions set out in the Code of Virginia, 1950, as amended, for the following purposes: 1) In accordance with Section (A) (5), Discussion with the staff from FSEDI concerning prospective businesses or industries or the expansion of existing businesses or industries where no previous announcement has been made of the business or industry s interest in locating or expanding its facilities in Southampton County. A motion is required to convene a closed meeting for the purposes described above. Following a second by Supervisor Phillips, the Board approved the motion to go into closed meeting with a voice vote recorded as follows: R. Randolph Cook Alan W. Edwards Carl J. Faison S. Bruce Phillips BOARD ENTERS INTO CLOSED MEETING AT 6:05 P.M. BOARD RETURNS TO OPEN SESSION AT 7:00 P.M.

2 Chairman Jones states it is 7:00 p.m. and I'll call this January 22, 2018 board meeting back to order. At this time, I would like to say Happy New Year to everyone and good evening. I do not know where the year went, but it is gone. We are in So, with that, I would like to invite Mr. M. L. Everett, Jr., a distinguished citizen and layman of Southampton County from the Drewryville District, to give our invocation. M. L. Everett, Jr. gave the invocation. Chairman Jones states thank you very much. It is now necessary, at this time, that we have the certification resolution. Supervisor West read the certification resolution to go back into open session. RESOLUTION OF CLOSED MEETING WHEREAS, the Southampton County Board of Supervisors had 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 (D) of the Code of Virginia requires a certification by the Board that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Southampton County 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 matters as were identified in the motion convening the closed meeting were heard, discussed and considered by the Southampton County Board of Supervisors. Supervisor West made a motion to adopt the certification resolution. Chairman Jones asks any to second that? Supervisor Edwards states second. Chairman Jones called for a vote that we adopt the certification resolution. The Board approved the Certification Resolution with a voice vote recorded as follows: R. Randolph Cook Alan W. Edwards Carl J. Faison S. Bruce Phillips Chairman Jones states good evening everyone. There was no action coming out of our closed session. At this time, we will have citizens comment period. Do we have anyone who wants to come up and speak? You will have three minutes. Citizen comment period is now closed. We will go to Item 5, Mr. Johnson, will you take over for the organizational matters.

3 Michael Johnson states, Mr. Chairman, State statutes require each local governing body to resolve certain organizational matters at its first meeting each year. The first order of business is election of the chairman and vice-chairman. If the board fails to designate the term of office, it is presumed, by law, that each is elected for a one-year term or until a successor of each has been elected. Chairmen and vice-chairmen may succeed themselves in office. In your agenda packages, you have a copy of the state s statute that relates to this matter. At this point, I would like to open the floor for nominations for the office of Chairman. Supervisor Edwards states I would like to open up by saying that I still have a lot of faith in Mr. Dallas Jones and I would like him to have that office again. Supervisor West states second. Michael Johnson states I have a motion and a second for Chairman Jones. Are there any other nominations. Supervisor Phillips states move for nominations to be closed. Supervisor Faison states second. Michael Johnson states I have a motion and a second to close nominations. discussion. I will now call for the vote. Is there any R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states with that, we will have a vote on Chairman. We are voting for Chairman Jones. Michael Johnson called for the vote. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states Mr. Chairman, it is unanimous. I will turn the floor back over to you for the election for the Vice-Chairman and other organizational matters. Chairman Jones states thank you men. I really appreciate what you do and I will try to, again, another year, do the best I can. At this time, the floor is open for nominations of Vice Chairman. Supervisor Faison states, Mr. Chairman, I nominate Supervisor West. Supervisor Porter states second. Chairman Jones states it has been moved and properly seconded that Mr. West remain Vice Chairman of the Board. Any other nominations.

4 Supervisor Edwards states I move nominations be closed, sir. Supervisor Faison states second. Chairman Jones states it has been moved and properly seconded that nominations be closed. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states Mr. West, we welcome you back. Supervisor West states thank you. Richard Railey states you voted on the nominations being closed. Now you need to vote on Mr. West. Chairman Jones states alright. I can go back to that. The motion was for the nomination be closed. That passed. Now we have to appoint Mr. West as Vice Chairman of the Board. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states alright. We will go to b. Times and dates. Michael Johnson states, Mr. Chairman, the second order of business is to establish the days and times for regular monthly board meetings. The resolution is in your agenda packages is consistent with past policy of the board which is the fourth Monday of each month except for May (moved to the day following the fourth Monday in observance of Memorial Day) and December (moved to the third Monday in observance of Christmas). The resolution establishes 6:00 p.m. as the starting time for all regular meetings. They would be, February 26, March 26, April 23, May 29, June 25, July 23, August 27, September 24, October 22, November 26, and December 17. And be it further resolved that a regular meeting shall be continued to the next following regular business day if the Chairman, or Vice Chairman in his absence, finds that inclement weather or other conditions are such that it is hazardous for members to attend. Chairman Jones states alright. I need a motion to establish the meeting times and dates. Supervisor West states so moved. Supervisor Faison states second.

5 R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to c. Establish the holiday schedule. Michael Johnson states it is also necessary for the board to establish the holiday schedule for county employees. The following list in your agenda packages, is consistent with past policies of the board as well as with that for state employees. The holidays include, February 19, George Washington Day. May 28, Memorial Day. July 4, Independence Day. September 3, Labor Day. October 8, Columbus Day. November 12, Veteran's Day (observed). November 22, Thanksgiving Day. November 23, the Friday following the Thanksgiving Holiday. December 25, Christmas Day. And any other days, or portions thereof, designated by the Governor of the Commonwealth as a holiday for state executive branch offices, including, but not limited to, November 21, Offices Would Close at Noon; Monday, December 24, Offices Closed All Day; and Monday, December 31, Offices Closed All Day. Chairman Jones states alright. I need a motion to adopt this resolution to establish the holidays. Supervisor Edwards states so moved. Supervisor West states second. Chairman Jones states go to d. Committees. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states we have a number of committee assignments, Mr. Chairman. I have got a paragraph for those that may not be familiar with all of these committees. What they are and when they meet. For the record I will not read all of those, but if anyone has any questions, please refer to your agenda packages. First is the Franklin Business Center Advisory Board. It is currently filled by Mr. Barry Porter. Chairman Jones states I need a motion to make Mr. Barry Porter on this committee. Supervisor West states I make that motion. Supervisor Edwards states second. Supervisor Porter states I will not be hurt if someone wants to take one of these jobs.

6 Chairman Jones states yes sir. I understand. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states second is the Hampton Roads Planning District Commission (HRPDC), also filled by Mr. Porter. Supervisor West states he has represented us well. reappointed in this position. At this time, I will motion that he be Supervisor Faison states second. Chairman Jones states go to number three. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states third is the Hampton Roads Transportation Planning Organization (HRTPO), also held by Mr. Porter, his alternate is Mr. Cook. Chairman Jones states alright. I need a motion to reappoint these gentlemen. Supervisor West states he has represented us well. Attends the meetings. That is an important thing, so that we know what is going on. At this time I will motion that he be reappointed in this position. Supervisor Edwards states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips

7 Chairman Jones states for you all listening. Mr. Porter, there is one meeting at one time in the morning at 9am. Another meeting at 12pm or 1pm. All of these meetings are the same day. So that is why we do not have two or three people doing this thing. He is there, one meeting connects to the other. He represents us very well with that. Supervisor Phillips states in Chesapeake. Chairman Jones states yes, in Chesapeake. Go to number four. Michael Johnson states fourth is the Hampton Roads Transportation Accountability Commission (HRTAC). This is also Supervisor Porter. Supervisor West states okay, my motion, again, is to nominate Supervisor Porter, based on his attendance and he represented us well. Supervisor Faison states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to five. Liaisons with School Board Budget Committee. Michael Johnson states fifth is the Liaisons with School Board Budget Committee. This is currently filled by Supervisors Edwards and Faison. Supervisor West states they have indeed, both, represented us well over the years and know the ropes. I make a motion that we reappoint both of them to this particular position. Supervisor Edwards states thank you. I have kids there. Chairman Jones states I need a second. Supervisor Phillips states second. Chairman Jones states go to six. R. Randolph Cook S. Bruce Phillips Michael Johnson states sixth is Opportunity, Inc. - Regional Advisory Consortium. Currently represented by Chairman Jones.

8 Supervisor Phillips states I make the motion. Supervisor West states I will second. Mr. Jones. Supervisor Phillips states I would continue by saying that I would nominate Mr. Jones to continue to serve in this position. With the Opportunity, Inc. - Regional Advisory Consortium. Chairman Jones states nobody else wants this. Alright. Is there a second. Supervisor West states yes sir. I did. Chairman Jones states go to seven. R. Randolph Cook Alan W. Edwards Carl J. Faison S. Bruce Phillips Michael Johnson states seven is the Southampton County Planning Commission. Currently served by Dr. Edwards. Chairman Jones states I have gotten some calls lately and there is some concern with the Board on the Planning Commission. So Board members, what do you want to do. Supervisor West states Mr. Chairman, I will make a motion that we place Supervisor Phillips in this position at this time. I make this recommendation as a motion. Supervisor Faison states second. R. Randolph Cook Alan W. Edwards Chairman Jones states go to eight. Michael Johnson states eighth is Shared Services/Continuous Improvement Committee ( 452 ). Currently held by Supervisors Porter and West. Supervisor Faison states I move that Supervisors West and Porter continue on in this. Chairman Jones states I need a second. Supervisor Edwards states second.

9 R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to nine. Michael Johnson states nine is Shared Utility Services Study Committee. Currently represented by Supervisor Phillips. Supervisor West states I will make a motion that we keep Mr. Phillips in this position and reappoint him. Supervisor Cook states second. R. Randolph Cook Alan W. Edwards Chairman Jones states go to ten. Michael Johnson states ten is Social Services Administrative Board. Currently represented by Supervisor Faison. Supervisor West states I feel comfortable reappointing Supervisor Faison for the job. He has done well. That is a motion. Supervisor Edwards states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips

10 Chairman Jones states go to number eleven. Michael Johnson states the Tidewater Youth Services Commission. Again, Supervisor Faison represents the County on that committee. Chairman Jones states I need a motion for that. Supervisor West states again, I feel comfortable reappointing Supervisor Faison for the job well done. I will make that a formal motion. Supervisor Porter states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to number six. Approval of the minutes. Anyone have any problems with the minutes. Any changes needed that need to be made. If not, the minutes stand approved. Go to seven. Highway matters. Mr. Johnson. Michael Johnson states included in your agenda package, you will see a resolution that would add Champs Drive to the Secondary Six Year Improvement Plan. You all may remember, adopting a resolution back in May 2015, that added to the state secondary system of highways as a rural addition. Since the road was unpaved at the time, funds were set aside to improve and pave the roadway in accordance with VDOT standards. VDOT is now in a position that they are preparing to move forward with the improvements and paving, but they need the Board to adopt another resolution, technically, adding it to the SSYIP and authorizing the transfer of the funds previously set aside to complete the project. Chairman Jones states alright. This is in whose district. Champs Drive in Franklin s district. That is in your district Mr. Porter. Supervisor Porter states Mr. Chairman, I move that we approve the attached resolution referring to Champs Drive. Supervisor Faison states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips

11 Chairman Jones states Mr. West do you have any concerns. Supervisor West states no sir. I would say that I thought VDOT did a wonderful job removing snow under the circumstances and the conditions that were bad. We saw VDOT out on the streets and the roads very quickly. Mr. Phillips. The bridge over on 635, over the Norfolk Southern, will be closed February 5 th for the next year and a half. They are replacing the bridge. Chairman Jones states alright. Mr. Faison. Supervisor Faison states no. Chairman Jones states alright. Mr. Porter. Supervisor Porter states no. Chairman Jones states alright. Mr. Cook. Supervisor Cook states no. Chairman Jones states alright. Dr. Edwards. Supervisor Edwards states I would go with what Mr. West said, great job. Chairman Jones states alright. Mr. Phillips. Supervisor Phillips states no sir. Chairman Jones states alright. Go to number 8. Appointments. Michael Johnson states we have several appointments, Mr. Chairman. As we discussed last month, you all made some recommendations for the Board of Equalization. Included in your agenda packet is a resolution, which formalizes those recommendations to the Circuit Court for appointment of the Board of Equalization pursuant to , et seq. Code of Virginia. The nominees all completed the required Basic Course of Instruction by the Virginia Department of Taxation as prescribed by of the Code of Virginia on this past Friday, January 19, They are now eligible for appointment. As you all might recall, the compensation will be the same as that for the Board of Assessors, which is $60 per diem. The ordinance that you adopted in November, requires the Board of Equalization to complete its work by March 30, In your agenda packages, you will see that notwithstanding publication of the Notice that has run in the Tidewater News four times now, at this writing, there are only property owners that have signed up for an appointment with the Board of Equalization. That is a pretty good sign. Chairman Jones states alright. I need a motion to adopt the attached resolution. Supervisor Porter states so moved. Supervisor Cook states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips

12 Chairman Jones states go to b. Michael Johnson states item b, Mr. Chairman, you may recall, the Code of Virginia, provides that in addition to the gubernatorial appointees, upon a majority vote of the governing body of the member locality, each locality is authorized to directly appoint one ex officio member of the Board who must be an employee of the member locality. Mrs. Lowe was appointed to this ex officio position last August, effective January 1, That said, SPSA organizational policies further provide that localities may appoint an alternate ex officio member to represent the locality in the absence of the appointed alternate member. Mrs. Lowe had previously served as the alternate member for the past four years before assuming her appointment on January 1. At this point, we are seeking your consideration in appointing Mr. W. Hart Council as the alternate ex officio board member for a term beginning January 1, 2018 and concluding December 31, Chairman Jones states alright. I need a motion. Supervisor West states at this time, I will make the motion that we vote on Mr. Wayland Hart Council as the ex officio member, in addition to Mrs. Lowe. Supervisor Edwards states second. Chairman Jones states go to c. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states item c, Mr. Chairman, on December , the Hampton Roads Economic Development Alliance (HREDA) Board of Directors adopted a new organizational governance model and Business Plan. The intent of the changes is to strengthen their governance, improve leadership engagement, and enhance private funding support. The new governance model provides for one board position for each public funding partner. The position is filled by an elected official, with the County Administrator or the Economic Development Director authorized to cast the locality s vote in their absence. In your agenda package, you have got a copy of the updated Business Plan. This Board meets four times annually at HREDA headquarters in downtown Norfolk. We need your consideration in appointing one of your own members to represent the County on this Board. Chairman Jones states alright gentlemen. We need one member. Anyone want to volunteer. Supervisor West states I would like to see if Mr. Cook would be agreeable. Chairman Jones how about it, Mr. Cook. Supervisor Cook states I will do it. Supervisor West states I will make that into a formal motion to nominate Randolph Cook. Supervisor Faison states second.

13 R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to 9. Reports. Sherriff s Office. Animal Control. Litter Control. Community Development. Treasurer s Office, Mr. Britt; not here. Building Permits. Solid Waste Quantities. Personnel. Mr. Johnson. Michael Johnson states no personnel changes to report. Chairman Jones states that is good. Nobody left. Go to number 10. Financial matters. Michael Johnson states included in your agenda package you will see a draft budget calendar and Call for Estimates. Subject to your approval, we would like to transmit these documents to department and agency heads on or before February 2. As you will see, we will be advertising for the initial round of public comment at your regular meeting in March. And the initial draft budget will be presented to you all at your budget workshop on April 4 th. Chairman Jones states alright. This is for the budget calendar. I need a motion to adopt this. Supervisor Porter states I move that we approve the proposed budget calendar and call for estimates. Supervisor Phillips states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to b. We need to pay the bills. They have all been looked at. Supervisor West states I am sure they have been properly audited and as usual we pay on time. I make a motion to authorize payment of the bills. Supervisor Edwards states second.

14 Chairman Jones called for a vote. The Board approved the motion to pay bills in the amount of $2,026,842.76, to be paid by check numbers through , with a voice vote recorded as follows: R. Randolph Cook Alan W. Edwards Carl J. Faison S. Bruce Phillips Chairman Jones states go to item number 11. Public hearing. Michael Johnson states we have four public hearings tonight, Mr. Chairman. The first public hearing relates for tax exemption by the Cheroenhaka Nottoway Indian Tribal Heritage Foundation, Inc. This public hearing is held pursuant to Section (B) of the Code of Virginia, 1950, as amended, to consider a proposed ordinance to exempt certain real property owned by the Cheroenhaka Nottoway Indian Tribal Heritage Foundation, Inc. of Courtland, a 501 (c) (3) nonprofit organization, from local real estate taxation in accordance with the provisions of Article X, 6 (a) (6) of the Constitution of Virginia. The affected real property is located on Old Bridge Road, identified as Tax Map # 75-12, contains acres, and used by the aforementioned organization for historical, cultural and religious activities indigenous to the native people of Southampton County. In 2017, the property was assessed by Southampton County at $108,300 and the associated real estate tax is $ Before adopting any such ordinance, the governing body must conduct a public hearing and there are eight different questions that the governing body must ask and have answered. You see those questions included in your agenda package along with the responses that have been provided by the foundation. The notice of this public hearing was published in the Tidewater News on January 7, 2018 as required by law. After conclusion of the public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to adopt, amend or defer action on the proposed ordinance. I have, Mr. Chairman, a slide that illustrates the property for those who may not be familiar with it. This aerial photograph was taken before construction of the new interchange was fully underway. But the new interchange is right here. This is Route 58. In the westerly direction is Capron. Of course, the easterly direction is Franklin. Jerusalem Road is here. The 100 acres that you see shaded here in red was exempted by ordinance of the Board of Supervisors back in September of The foundation subsequently acquired last year, I think, the additional acres, which is contiguous to the 100 acres that they already had exempt. The property is bordered entirely by route 58 and then here, by the Nottoway River. It is contiguous with their existing parcel. The property is in a conservation easement with the State of Virginia, so that is guaranteed that it will never be developed or have any other use than what you see now. Chairman Jones states alright. This is the public hearing. Is there anyone for or against this application? Walt Brown III states good afternoon, Mr. Chairman, the Board, and Mr. Johnson. First of all, let me commend you for your reappointment as Chairman. My name is Walt Brown. I am the Chief of the Cheroenhaka Nottoway Indian Tribe. I am also the Chairperson for the Cheroenhaka Nottoway Indian Tribal Heritage Foundation. I am here representing the property located at Deer Path in Courtland, Virginia. I want you to know that we are in favor of the ordinance for tax exemption. Being that this is a continuation of our goals of the foundation as a continuation of the 100 acres of Cattashowrock Town. Also called the Cheroenhaka Tract. It abuts the Nottoway River. We are going to have walking trails. There is going to be 2-acres of push off on each of the trails. We are going to have the launches for canoes and kayaking on the Nottoway River. It is going to be open to the general public to enjoy our cultural and religious activities, including scouts and etc. I am in favor of this. I would appreciate it. Thank you very much. If you have any questions about this, I will happy to answer them.

15 Chairman Jones states thank you very much, Mr. Brown. Anyone have any questions for him before he sits down? Thank you. Anyone else. Theresa Preston states good evening. My name is Theresa Preston and I serve on the Board of the Cheroenhaka Nottoway Indian Tribe. I have been a Board member since Going into my tenth year. It has been my honor to learn about their traditions. I have been so blessed. I do not mean to get emotional about this, but when I look at the lands and etc. and saw what was there and the potential that it had to be a beautiful walking trail, launching area, just a place to enjoy nature. And so many other counties and cities around here are losing land like that. We almost lost this. This is the piece that Enviva had their eye on. And nothing against Enviva. We got them. They are here in the county, but that area there should never be developed. It is too much for roads and it floods. But it is perfect for walking trails and picnics. I encourage you to consider this as a positive for the County. For the people to enjoy for generations to come. I worked with the Chief, helped him draw up the paperwork. So the paragraphs that you all are reading over, I can tell you that what is in your packet, I have read most of it, if not all of it. It is accurate. Thank you very much. I am in favor of it. Chairman Jones states thank you, Mrs. Preston. Is there anyone else? Thomas Hines states good evening. My name is Thomas Hines. I am not a resident of Southampton County, but my grandfather was raised in Boykins with 15 other kids. I found out that family relationship tied me to this tribe. I am a chief within the tribe. I am also a Board of Director of the foundation. There is a lot of vision that has been expressed here. The tax exempt status allows us to use more funds to continue improving what is already there. I would like to ask you all to vote in favor of this exemption. To coincide with the 100 acres that is already there. And thank you very much. Chairman Jones states thank you. Anyone else. The public hearing is now closed. What say you Board? Supervisor West states Mr. Chairman, I would make a motion at this time that we adopt this ordinance and this exemption. Supervisor Faison states second. Chairman Jones states go to b. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states second public hearing tonight, Mr. Chairman, relates to the creation of a Voluntary Ag and Forestal District. This public hearing is held pursuant to Section and of the Code of Virginia, 1950, as amended, to consider an application by Hunter Darden Jr., Hunter Darden III, Patricia Falls, Lawrence Brown, Francis Widmeyer, and Ernest and Rita Beltrami, Jr., owners, for the creation of a Voluntary Agriculture and Forestal District. The properties are in the Newsoms Voting and Magisterial Districts. There are four different groups of properties. The first group comprises the Core Tract. I will put up a graph while I am reading, so this will make a little more sense. It includes Tax Parcels 106-1, 106-2, 106-2A, 106-3, 106-4, 106-5, 106-6, , , A, , , and a portion of , generally

16 located west of Smiths Ferry Road and north of Schoolhouse Road. Collectively comprises 1, acres. The second area, which is close by, is what we call the South Quay Road Tract. That includes Tax Parcels A, C, and , generally located on the south side of South Quay Road, just east of its intersection with Smiths Ferry Road. You see those three parcels located right here. The next parcel is the Smiths Ferry Road Tract. It is identified as Tax Parcel , generally located on the east side of Smiths Ferry Road at its intersection with Schoolhouse Road. You see that located down here as number 17. The next group of properties is called the Schoolhouse Road Tract. That includes Tax Parcels 106-9, , D, , generally located on the south side of Schoolhouse Road west of its intersection with Smiths Ferry Road. You can see these are all located here. Well within the one mile radius that is required. The last grouping of properties is the Delaware Road Tract - Tax Parcels , , , generally located on both sides of Delaware Road just north of Yuma Street. They are about seven tenths of a mile away from the core district. At its December 14, 2017 meeting, the Planning Commission recommended approval of the voluntary agricultural and forestal district. The notice of public hearing was published in the Tidewater News on January 7, and January 14, 2018 and all adjacent landowners were notified by first class mail as required by law. After conclusion of tonight s public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to approve, deny or defer action on the proposed district. Mrs. Beth Lewis, Secretary to the Planning Commission, will provide introductory remarks after which all interested parties are invited to come forward and express their views. Beth Lewis states good evening. You have seen the map of the pieces. This is a total of about 27 separate tracts owned by six or eight different property owners. It totals 2,040 acres. It is generally on both sides of Smiths Ferry Road and South Quay Road. This property is almost exclusively used in agriculture and forestry. There are some scattered agriculture buildings here and there. By the soil report, almost all is made up of prime farmland or prime farmland if drained. You can see along Smiths Ferry Road that there is some residential development. If an area is going to be preserved in agriculture and forestal use, then this is probably the most areas that is threatened with development. All along Smiths Ferry Road, there have been quite a few homes that have sprung up all around the road. These are the areas that are important to retain. Delaware Road Tract just across by Yuma Street, there is an entire neighborhood that was built back there. So these areas are threatened by single family residential development. And may be exactly what this voluntary agricultural and forestal district program seeks to retain in ag and forestry s. There were no speakers in opposition to this request at the Planning Commission. I believe, one gentleman stood up and said he had recently moved back to Southampton County and was glad to see this program in this area and he was in favor of it. I will answer any questions that you may have. Chairman Jones states any questions for Mrs. Lewis. The public hearing is now open. Is there anyone for or against this application? The public hearing is now closed. What say you Board? Supervisor Cook states I would move to recommend this land be set aside and I recommend going with the Planning Commission s approval of this application. Supervisor Faison states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to c.

17 Michael Johnson states I will put up this graphic real quick while I read. This public hearing is also related to another ag and forestal district. This one owned by Hunter Darden III. Held pursuant to Section and of the Code of Virginia, 1950, as amended, to consider an application by Hunter Darden III, owner, for the creation of a Voluntary Agriculture and Forestal District. The property is known as Tax Parcels and 92-33, and abuts the western bank of the Nottoway River on the north side of Monroe Road south of its intersection with Delaware Road. The properties are in the Newsoms Voting and Magisterial Districts. At its December 14, 2017 meeting, the Planning Commission recommended approval of the voluntary agricultural and forestal district. The notice of public hearing was published in the Tidewater News on January 7, and January 14, 2018 and all adjacent landowners were notified by first class mail as required by law. After conclusion of tonight s public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to approve, deny or defer action on the proposed district. Again, Mrs. Beth Lewis, Secretary to the Planning Commission, will provide introductory remarks after which all interested parties are invited to come forward and express their views. Beth Lewis states as you can see from the location of this property, it is bound by the Nottoway River. The entire property is in the 100 year flood zone. So it s potential to be anything but agriculture or forestry is very constrained. There have been a number of homes, over the years that have been built in the Monroe Road and Delaware area on the east side of the river. This is yet another area of ag and forestry land that is being encroached upon by single family residences over the years. No one spoke in opposition to this request at the Planning Commission meeting. If you were to look at this district and the district that you just looked at, then you would see that they are not all that far apart from one edge to the other edge, but the core of the previous district was far enough east that this piece was more than a mile away from it. That is why this piece had to create its own district. I will answer any questions that you may have. Chairman Jones states thank you. Does anyone have any questions for Mrs. Lewis? The public hearing is now open. Is there anyone for or against this application? The public hearing is now closed. What say you Board? Supervisor Edwards states I move to agree with the Planning Commission s recommendation. Supervisor Porter states second. Chairman Jones states go to d. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states this is the final public hearing tonight. A third ag and forestal district. This public hearing is held pursuant to Section and of the Code of Virginia, 1950, as amended, to consider an application by Hunter Darden III and Lawrence Brown, owners, for the creation of a Voluntary Agriculture and Forestal District. The property is known as Tax Parcels , , 118-3, 118-5B, 118-4A, , and The property is generally

18 located on the north and south sides of Riverdale Road west of its intersection with Smiths Ferry Road. The properties are in the Newsoms Voting and Magisterial Districts. You can see, this is 58. This is the North Carolina and Virginia line. Southampton County starts right here once you cross into Virginia. You can see these parcels create the core of this particular district and then there are two parcels, both located less than a mile away. At its December 14, 2017 meeting, the Planning Commission recommended approval of the voluntary agricultural and forestal district. The notice of public hearing was published in the Tidewater News on January 7, and January 14, 2018 and all adjacent landowners were notified by first class mail as required by law. After conclusion of tonight s public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to approve, deny or defer action on the proposed district. Again, Mrs. Beth Lewis, Secretary to the Planning Commission, will provide introductory remarks after which all interested parties are invited to come forward and express their views. Beth Lewis states this is the ninth such district that you have viewed since this program started last summer. You can see that parcel g is on the south side of Riverdale Road and down both sides of Smiths Ferry Road. There are scattered residential homes along them. This is another portion of the county that is threatened by single family developments encroaching into agriculture and forestry land. The parcel that is noted as parcel f, the fish shaped piece to the north, it is noted that the soil study is made up whole of rock. It is used for anything except for ag and forestry. It is quite limited. We did not have any comments from anyone at the Planning Commission meeting who were not in favor of this request. Chairman Jones states any questions for Mrs. Lewis. Thank you. The public hearing is now open. Is there anyone for or against this application? The public hearing is now closed. What say you Mr. Cook? Supervisor Cook states I move that we adopt the attached ordinance as presented. Supervisor Porter states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to 12. Michael Johnson states item 12, Mr. Chairman, is a first reading for an ordinance amendment relating to the fees associated with the Ag and Forestal Districts. As a late arriving matter last month, with concurrence from the full Board, Supervisor Phillips asked us to take a look at the direct costs associated with the processing of these applications for Ag & Forestal Districts to better determine whether or not the application fee was sufficiently covering the cost. Included in your agenda packages, you will find a spreadsheet from Mrs. Lewis summarizing the direct costs to date. I will note, these costs do not including any staff time. These are direct costs associated with the legal advertisements that are required to run in the newspaper, as well as, the notifications that are required by statute to be mailed to the adjacent landowners. Of the nine applications processed thus far, the average cost, again, not including staff time, is $ The current application fee is $350, and limited by state statute to no more than $500. The last remaining application for 2017, scheduled for public hearing at the Planning Commission in February, will require more than 2,100 adjacent landowner notices and it will far exceed the average cost that I just shared with you. Accordingly, we have prepared for your consideration a draft ordinance

19 which accomplishes, basically, three things. 1) Increases the application fee to the statutory maximum of $500. 2) Provides that an application to add to an existing district shall be subject to the same fee as that for creation of a district ($500). And 3) Provides that the window to submit applications for Ag & Forestal Districts will open each year on April 1 and must be filed by June 30 before July 1. Before considering the attached ordinance, it is necessary to publish notice and receive public comment at your February meeting. If the Board is so inclined, a motion is required to direct us to advertise the attached ordinance for a public hearing at your next meeting, on February 26, Supervisor Faison states so moved. Supervisor West states I will second. I want to make a comment. I certainly favor this because it is important for two reasons. Land use is important in this County. Ag districts and forestry districts are very important. We all enjoy the environment that we live in. So it supports that, but it is also a tremendous cost when you have one that pays the fee of $350 or $500. Then there are additional ones that tag on at no additional cost. Somehow it does not seem fair to me. I think this is reasonable. State law permits it. It is in line with what our other neighbors do and adopt. I certainly endorse what we are doing. Michael Johnson states I did not catch who seconded the motion. Supervisor Porter states Ronnie did. Carl made the motion. Michael Johnson states Mr. Faison made the motion and Mr. West made the second. Okay. Thank you. Chairman Jones states go to 13. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Michael Johnson states 13, Mr. Chairman, deals with a franchise renewal with Charter Communications. As you may recall, Charter Communications held a cable television franchise to provide cable service within the territorial limits of Southampton County that technically expired on November 23, In February 2016, you all appointed Supervisors West and Porter to a cable franchise negotiation committee to work with Charter officials on a new agreement. That work was suspended and delayed almost 1 year based upon some personnel changes at Charter Communications, but things finally got back on track in mid We have finally reached the point where we are ready to advertise the agreement for public comment and wanted to provide you all with an advance draft copy and seek your consideration in moving forward. I will point out, there are a couple of what I will consider fairly major revisions. The rest of it is fairly familiar to what was in the previous agreement. Some of the more significant revisions in the updated agreement include the following. One is under the terms of the expired agreement, Charter was obligated to extend and make cable serve available to any unserved, developing areas that had at least thirty dwelling units per cable mile as measured from the existing system. The proposed agreement reduces the density requirements down to twenty dwelling units per cable mile. The other thing I will point out, while the expired agreement obligated Charter to provide basic cable service at no charge to public schools and other county facilities, the new agreement extends this benefit to all volunteer fire departments and rescue squads where service that service is available;

20 which includes Boykins Fire & Rescue, Branchville Fire, Courtland Fire, Ivor Rescue, Sedley Fire and Newsoms Fire. There are only a couple of departments that are located in areas that are not served. They would provide that basic cable service at no cost to those facilities. In addition, we are continuing to press Charter to extend service to two presently unserved subdivisions; that includes the Pines of Ivor and Bethel Farms. While Charter has not yet conceded to these extensions, they are continuing to evaluate them and they expect to provide us with a formal response prior to the public hearing next month. Chairman Jones states alright. Anyone have any questions. If not, I will need a motion. Supervisor Phillips states one question. Mike, is that, speaking in the last contract, did we discuss whether Capron will be in or out of that. Are they now included? Michael Johnson states Capron does not have service. Supervisor Phillips states but that should be. Michael Johnson states I am not sure that it has the density requirements to do that. We will evaluate that. Supervisor Phillips states is the line on 58? Michael Johnson states not all the way down 58. Not charter s line. Supervisor Phillips states does it come to the Capron School. Michael Johnson states I do not know. Supervisor Phillips states would you take a look at that. Michael Johnson states certainly. Supervisor West states Mr. Chairman, I think that this is very valuable for the County. And it s citizenry and also fire and rescue. I look at it as a favorable thing. And Charter is here. At this time, I make a motion to require to advertise this ordinance for the next hearing in February. Chairman Jones states do I hear a second. Supervisor Porter states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to 14.

21 Michael Johnson states item 14, Mr. Chairman, I was recently contacted by the Hampton Roads Planning District Commission seeking our consideration in renewing the attached Memorandum of Agreement (MOA) for the Regional Stormwater Management Program. The current MOA, which was approved by the Board in 2013 is set to expire on June 30, As you all know, Southampton County does not manage a municipal storm sewer system, but certain operational and reporting requirements are nonetheless imposed by the Virginia Stormwater Management Act and the Virginia Erosion and Sedimentation Control Law. Since inception of the program, the local governments in the Hampton Roads region have worked collectively and cooperatively to develop and implement stormwater management programs that address implementation of best management practices, system maintenance, water quality testing, enforcement of program standards and public education. The revised MOA, that you have a copy of in your agenda, includes minor modifications which have been made to reflect updated experience, modifications to state legislative authority, and expectations about the HRPDC role under the new MS4 Permits. By sharing ideas and pooling resources, localities can reduce their costs in addressing state and federal permit requirements. The HRPDC facilitates monthly meetings of the Joint Environmental Committee where member communities coordinate efforts in water quality data gathering and pollutant loading studies. This data enables localities to better target future program dollars to help improve both the management of the quantities of stormwater, as well as improving the quality of the stormwater entering local water bodies. The revised agreement does not change the method of funding the program. Southampton County s pro-rata share was $3,257 and is a component of the annual contribution made to the Hampton Roads Planning District Commission. Chairman Jones states alright. Anyone have any questions on this. We need to authorize Mr. Johnson to execute this. I need a motion. Supervisor Porter states I move that we authorize Mr. Johnson to execute the revised agreement. Supervisor Phillips states second. R. Randolph Cook Alan W. Edwards S. Bruce Phillips Chairman Jones states go to 15. Michael Johnson states 15, Mr. Chairman, in your agenda packages, you have a copy of the local legislative agenda, which has been copied and distributed to our General Assembly representatives in Richmond. There are also copies of a number of notices that are required by law. Along with correspondence and articles of interests. I will be glad to answer any questions about those. Supervisor Phillips states Mr. Chairman. I would just again, this month, and as well, I had spoken with Mike. I would maybe ask Mike to, with this legislative agenda, those ten items. But that has already been sent forward. I would ask that we notify the proper people to see if we can get a review of the fees for these ag and forestry districts, so they can better reflect these costs to the County. And I would say that again this month. Chairman Jones states alright. Mr. Johnson can you take care of that. Michael Johnson states yes, if that is the pleasure of the Board.

22 Chairman Jones states alright sir. Okay. Do we have any late arriving matters? Michael Johnson states no sir. I have none, Mr. Chairman. Chairman Jones states any Board member have anything to bring before this Board? Meeting is adjourned. There being no further business for tonight the meeting adjourned at 8:15 p.m., Chairman Michael W. Johnson, Clerk