Mr. Miller called the meeting to order at 3:00 p.m. and led the group in prayer. Mr. Walker led in the Pledge of Allegiance.

Transcription

1 AT A MEETING OF THE MIDDLESEX COUNTY BOARD OF SUPERVISORS HELD ON TUESDAY, MAY 3, 2016, IN THE BOARD ROOM OF THE HISTORIC COURTHOUSE, SALUDA, VIRGINIA: Present: Mark E. Holt, III, Pinetop District Wayne H. Jessie, Sr., Jamaica District Robert L. LeBoeuf, Hartfield District Peter W. Mansfield, Saluda District John D. Miller, Jr., Harmony Village District Matthew L. Walker, County Administrator Marcia Jones, Assistant County Administrator Michael T. Soberick, County Attorney CALL TO ORDER Mr. Miller called the meeting to order at 3:00 p.m. and led the group in prr. Mr. Walker led in the Pledge of Allegiance. CONSENT AGENDA The motion to approve the Consent Agenda was made by Mr. Holt seconded by Mr. Jessie and carried unanimously. The Consent Agenda included approval of minutes from the Board meetings of April 5, April 21 and April ; disbursements dated April 18, numbers for $144,817.08, and dated May 3, numbers , totaling $453,601.33, and payroll dated April 15 numbered , totaling $357, PUBLIC COMMENT Hal Muller thanked the Board members for their attention to each comment made during the budget public hearing. Mr. Muller noted that it was inappropriate for the Superintendent to prepare information that appeared to target some individuals and conduct a robo-call. Ona Grimm extended a personal invitation to board members to attend the Deltaville Dealer Days adding that it is a great way to visit and meet marina users. She noted that boaters are following closely the outcome of the boat tax. Boaters are only signing up for short term rentals. Donna Moore noted that it was disrespectful for the Board of Supervisors to not move the budget public hearing to a location that could hold all the people that came to speak or listen to the meeting. Davelin Gresham commented that 2016 is starting out to be a bad year and reminded the Board of previous "bad" decisions - refugees banned from the County; fees for use of public buildings were established; purchase of the radio system and Page 1

2 accompanying debt service; and refusing to move the budget hearing. Ms. Gresham questioned what example the Board was showing and added that each selfish representative needed to be voted out of office. Cynthia Beverley commented that her daughter was currently in college and as an underclassman has already been contacted by Assistant Superintendent Cromardie and encouraged to return to Middlesex as a teacher. However, she doubts that she will return to Middlesex because the teachers' salaries are not competitive.. Tom Feigum noted that he was pleased the Board was taking time and thinking things through with regard to the boat tax. Also, there is justification to making sure that staff is compensated and appreciated, but a 35% increase for a manager does not cut it. John Koontz commented that Middlesex is experiencing the beginnings of a community that is tearing itself apart - it does not need to be one interest against another; there is not a need to set up camp. He is looking at the Board of Supervisors to fix it. Vince Carter commented that the school budget is not about the money, but about the children and getting them ready for the outside world and ready to hopefully come back to the County as employees and citizens CONSTITUTIONAL OFFICERS There were no constitutional officers present. AGENCY AND STAFF REPORTS Virginia Department of Transportation: Schools: There was no one present to represent VDOT. There was no one present to represent the School system. General Assembly Update: Delegate Keith Hodges was present to update the Board on activities within the General Assembly that he has been a part of. Delegate Hodges noted that as Chairman of the Rappahannock River Basin Commission, he would have appreciated advance notice that the Board had opted not to be a part of the Commission any longer and suggested the Board reconsider joining the RRBC to have a "seat at the table". He noted that policy and legislative solutions are needed to fix issues of storm water management once and for all. Delegate Hodges also encouraged participation in regional economic development strategies and projects. Page 2

3 Reassessment: Mike Didawick was present to update the Board on the reassessment process. Public Access Authority: Dave Kretz, the staff representative on the Public Access Authority updated the Board. With regard to the access survey, Jackie Rickards, from the Planning District Commission, is evaluating the written comments and is about 80% complete in her review. Two graduate students are evaluating and performing site assessments of 15 sites, with a May 13 deadline imposed. Mr. Kretz is researching ownership of the 15 sites. Dominion Virginia Power: Anita Powell introduced herself as the County's External Affairs representative with Dominion Power, replacing Jeff Beazley for this area. Ms. Powell informed the Board that approximately 30 volunteers from Dominion Power had painted and helped with refurbishing the bleachers at the ballpark in Deltaville. Mathews-Middlesex Archaeological Study: Dr. Brian Bates, from Longwood University, was present to inform the Board of a survey/study to be conducted in Middlesex that will focus on assessing the effects of shoreline erosion on 17 previously recorded archaeological sites in the county. A second element is the development of a predictive model to assist in locating new sites in Middlesex. The project is a cooperative effort between Longwood University and the Virginia Department of Historic Resources, with funding provided by the National Park Service. The study portion will run along the south bank of the Rappahannock River from the eastern mouth of Urbanna Creek at Bailey Point and around to Stove Point at the mouth of the Piankatank River. ACTION ITEMS Request to Waive Fee: William Powell requested the Board waive the fee for a Resource Protection Area application being submitted for work at the Deltaville Maritime Museum. The motion to approve the request was made by Mr. Holt, seconded by Mr. LeBoeuf and carried unanimously. Appropriation Resolutions: The motion to approve the following resolution for appropriation of funds for the FY 17 County budget was made by Mr. LeBoeuf, seconded by Mr. Holt and carried by a roll call vote of 3 in favor (Holt, LeBoeuf, Miller) to 2 opposed (Jessie, Mansfield). A separate motion was taken later in the meeting on the resolution to appropriate funds to the FY 17 school budget. Page 3

4 MIDDLESEX COUNTY BUDGET APPROPRIATION RESOLUTION WHEREAS, the Middlesex County Board of Supervisors has heretofore prepared a Budget for information and fiscal planning purposes only; and WHEREAS, it is now necessary to appropriate sufficient funds for the contemplated expenditures as are contained in the Budget; NOW, THEREFORE BE IT RESOLVED, by the Middlesex County Board of Supervisors that subject to the approved Budget for the following appropriations for the General Fund (Fund 001) be made as follows: Major Fund Number COUNTY GENERAL FUND APPROPRIATIONS Description Adopted FY Total County Debt Service 1,391, Total Airport 191, Total Board of Supervisors 88, Total County Administrator 360, Total Legal Services 62, Total Independent Auditor 30, Total Commissioner of Revenue 226, Total Assessor 100, Total Treasurer 231, Total Insurance/Risk Management 146, Total Data Processing 192, Total Electoral Board 49, Total Registrar 93, Total Court Facility 178, Total General District Court 9, Total Juv&Dom Rel Ct Services Unit 44, Total Magistrate Total Merrimac Center 70, Total Circuit Court Clerk 220, Total Victim/Witness 26, Total Juvenile Court 5, Total Commonwealth's Attorney 216, Total Sheriff 1,480, Total School Resource Officer 140, Total Volunteer Fire Departments 206, Total Fire Department Meals Tax 48, Total Rescue Squads 143, Total Rescue Squad Meals Tax 24, Total Regional Jail 918, Total Building Inspection 130, Total Animal Control 112, Total Medical Examiner 2, Total Emergency Services 180, Total E , Total Litter 13, Total Convenience Centers 97, Page 4

5 42060 Total Landfill Maintenance 11, Total VPPSA 629, Total General Properties 616, Total Health 178, Total Mental Health 35, Total Welfare 1,213, Total Bay Aging 43, Total Virginia Housing Development 2, Total Vocational Rehab. Centers 5, Total Animal Care Organizations 5, Total Comprehensive Services 516, Total Education 6, Total VA School League Activities 4, Total Parks & Recreation 54, Total Sports Complex 26, Total YMCA 31, Total Regional Library 106, Total Planning 122, Total Zoning Administration 103, Total Econ. Dev. and EDA 92, Total BZA 4, Total Soil & Water Conservation 4, Total Wetlands 13, Total Forestry Service 3, Total Extension Service 33, Non-Departmental Exp. 320, Total Transfers Out 9,661, Total General Fund Expenses 21,402, NOW, THEREFORE BE IT FURTHER RESOLVED, by the Middlesex County Board of Supervisors that subject to the approved Budget for the following appropriations for the Capital Improvement Fund (Fund 049) be made as follows: Maj Fund Account ** CAPITAL IMPROVEMENTS EXPEND ** Number # Adopted FY Capital Improvements 300, Total Expense Fund , NOW, THEREFORE BE IT FURTHER RESOLVED, by the Middlesex County Board of Supervisors that subject to the approved Budget for the following appropriations for the Carryover Funds from the FY 15/16 budget be made as follows: Maj Fund Number Account # ** FUND BALANCE ** Adopted FY BEGINNING FUND BALANCE 532, Total Fund Balance 532, John D. Miller, Jr. Wayne H. Jessie, Sr. Robert LeBoeuf Mark E. Chip Holt III Peter W. Mansfield nay nay Page 5

6 Appointments: The motion to appoint Shirley Hart to fill the unexpired term of Garrison Hart on the Planning Commission was made by Mr. Jessie, seconded by Mr. Mansfield and carried unanimously. This term will expire June 30, COUNTY ADMINISTRATOR'S REPORT Broadband Authority: The Board reviewed draft language for establishment of a broadband (wireless) authority; a public hearing has already been authorized for the June 7th meeting. Advertisement for the hearing must include the members of the Authority, which can be the members of the Board of Supervisors or others. The motion to advertise the public hearing on the establishing resolution/ordinance, listing members of the Board of Supervisors as the members of the Broadband Authority was made by Mr. LeBoeuf, seconded by Mr. Jessie and carried unanimously. Boat Tax: The Commissioner has received no response from the Attorney General. OLD/NEW BUSINESS There was no old business discussion. SUPERVISORS COMMENTS AND REPORTS Mr. LeBoeuf, Mr. Holt and Mr. Jessie updated the Board on recent meetings that were attended, including radio project review, emergency services, budget and a solar energy seminar. Mr. LeBoeuf noted that the radio project is ahead of schedule and the Emergency Services Committee has endorsed Chief Nugent's plan for allocating frequencies among emergency services providers and to an idea of using a UHF paging system rather than having two systems - one for UHF radios and one for VHF pagers. This is new technology that may save some money from the original proposal. Mr. Mansfield expressed his outrage at the Board not moving the public hearing on April 21 to accommodate the public and changing the amount of time allocated for each speaker, adding that never before had a Board member made a presentation in Mr. LeBoeuf's manner and he would have liked to have had an equal amount of time to do a presentation. Opposition was also expressed to not receiving a competitive bid for the radio system and paying interest on software upgrades that will not be required for at least 5 years. Mr. Mansfield also noted that the school budget should have been funded based on the needs and not on the amount of money the county will be receiving from the state. Middle Peninsula Planning District Commission: Page 6

7 Trudy Feigum, the citizen representative to the MPPDC, reported on the April 27th meeting. There were 102 responses to the public access survey. The FY 17 budget and program design was approved. There was much discussion about the Middle Peninsula Economic Development partnership. SCHOOL BUDGET APPROPRIATION The motion to approve the following resolution to appropriate funds to the FY 17 school budget was made by Mr. LeBoeuf, seconded by Mr. Holt and carried by a roll call vote of 3 in favor (LeBoeuf, Holt, Miller) to 2 opposed (Jessie, Mansfield) RESOLUTION MIDDLESEX SCHOOL BUDGET APPROPRIATION RESOLUTION WHEREAS, the Middlesex County Board of Supervisors has heretofore received a budget from the Middlesex County School Board; and WHEREAS, the Middlesex County Board of Supervisors has held a public hearing for the School Board s Budget for fiscal year 2017; and WHEREAS, the Middlesex County Board of Supervisors has included funds in the County General Fund for School Operations Fund (071) in the amount of $7,801,000.00, and in the amount of $1,121, for school debt service, and in the School s Textbook Fund (073) in the amount of $81,941.00, and in the School s Capital Fund (074) in the amount of $232,000.00, and WHEREAS, the Middlesex County School Board has adopted a General School Fund Budget for the fiscal year 2017, and NOW, THEREFORE, BE IT RESOLVED that the Middlesex County Board of Supervisors hereby appropriates to the following categories the Middlesex County General School Fund Budget: Instruction $9,079, Administration, Attendance & Health $896, Pupil Transportation $1,186, Maintenance $1,126, Debt Service $1,260, Technology $744, Total School General Fund $14,294, BE IT FURTHER RESOLVED THAT the Middlesex County Board of Supervisors hereby appropriates to the School Food Fund, the School Textbook Fund, and the Capital Improvement Fund for the purpose of purchasing one (1) new school bus, replacing the Middlesex Elementary School Gym Floor and improvements to St. Clare Walker Middle School, in the following amounts: School Food Fund $528, Textbook Fund $129, Capital Improvement Fund $232, Total School Budget $15,184, John D. Miller, Jr. Page 7

8 Wayne H. Jessie, Sr. Robert LeBoeuf Mark E. Chip Holt III Peter W. Mansfield nay nay RECESS AND RECONVENE Following a recess for dinner, Mr. Miller reconvened the meeting at 7:00 p.m. PRESENTATION OF PORTRAIT The family of Mr. Fred S. Crittenden, former member of the Board of Supervisors and School Board, presented a portrait in his honor and asked that it be hung in the Board Room. James Pitts, John Fleet, W. D. Edwards, Ed Ruark, Ed Harrow, Kenneth Williams and Jenny Crittenden all spoke in honor of Mr. Crittenden, as did Mr. Jessie, Mr. Mansfield and Mr. Miller. The motion to accept the portrait was made by Mr. Jessie, seconded by Mr. Holt and carried unanimously. The portrait was hung next to the portrait of Thomas H. Crittenden, Mr. Crittenden's father, who had served as Treasurer for Middlesex County. PUBLIC HEARINGS Animal Care and Control Ordinance: Mrs. Jones presented the proposed Animal Care and Control Ordinance which would replace the current Animal Control Ordinance. The proposed ordinance incorporates changes made to match the previous ordinance with State Code and a few minor changes to fines and information required for a kennel license. Mr. Miller opened the hearing for comments from the public. Monica Sanders spoke in favor of increased penalties for cruelty to animals, but expressed concern for any language that might require guinea hens to be confined. There being no further comment, the public portion of the hearing was closed. The motion to adopt the new ordinance was made by Mr. LeBoeuf, seconded by Mr. Jessie and carried unanimously. Special Exception , Katherine Simmons Page Mr. Horton presented the application for Special Exception approval that would allow for more than one principle residential structure on a single parcel of land exceeding twenty-five (25) acres in size, not to exceed one principle residential structure per twenty-five acres in the Low Density Rural Zoning District, pursuant to Sections and 7-4 of the Zoning Ordinance. It was noted that the application currently meets all requirements for approval. A lot line vacation was approved between Tax Map and a portion of Tax Map to achieve enough acreage to meet the one dwelling per 25 acre requirement. The Planning Commission voted unanimously to recommend approval of the request. Page 8

9 Mr. Miller opened the hearing for comments. There being none, the public portion of the hearing was closed. The motion to approve Special Exception Application with the following conditions was made by Mr. Jessie, seconded by Mr. LeBoeuf and carried unanimously: 1. The use shall meet the criteria of Section 7-4 and any other zoning or building code requirements. 2. Prior to the issuance of a zoning and/or building permit, all applicable approvals from the Virginia Department of Health shall be obtained and presented as part of the permit applications. Ordinance Amendment : Mr. Horton presented this ordinance amendment application which would allow for a new use, Rural Subdivision, to be by-right in the Resource Husbandry and Low Density Rural Zoning Districts. This proposal came about because of interest from some farm owners over the years to separate more than five lots from an original farm tract without going through a rezoning process and by others in a Resource Husbandry District that would find meeting the requirements of approval by special exception difficult to obtain. The proposed text was developed as a way to allow limited residential development and rural preservation to co-exist. By the proposed definition, minimum lot sizes would be 2.5 acres, but would include a density requirement that would allow no more than 1 lot per 20 acres. At least 80% or the parent parcel are place into one (1) lot to remain undeveloped in perpetuity except for the allowance of one single family dwelling. The 20% developable area contains all the infrastructure and appurtenances required for the lots in the developed area. These lots are not to be accessed directly off an existing state road and are to be located off existing road right of ways and view sheds from such at a distance sufficient to maintain rural vistas as well as rural character. Mr. Horton noted that the Planning Commission had voted in support of the proposal, however, concerns have been expressed since that meeting regarding the by-right use. Mr. Horton still considers the proposal as a viable tool to promoting rural preservation in perpetuity, however, he does not wish anyone to feel that is being rushed through. He noted that the Comprehensive Plan does include language referencing the establishment of clustered, conservation type subdivisions, however, if a by-right avenue is not favored, the staff recommends denial of the amendment as advertised. The Board could then initiate a new amendment for a new cluster type district, or the Board could let the responsibility for requesting a new cluster-type district rest with the interested developer. Mr. Miller opened the hearing for comments from the public. Attorney Greg Davis from the Williamsburg office of Kauffman and Canoles, representing several land owners including W. D. Edwards, the Revere Family Corporate and others that were present, spoke in opposition to the proposal, noting that the County's Comprehensive Plan gives the highest priority to restricting development in the Rural Husbandry District and it is supposed to be tough for Page 9

10 Page 10 BOARD OF SUPERVISORS development to be established. He added that this amendment would allow a slippery slope toward residential sprawl. Monica Sanders spoke in opposition to the proposal. Lee Stevens, representing the owner of Corbin Hall Farm, spoke in support of the proposed language and use, noting that this would establish a way for his client to market a portion of their farm property for residential use while still maintaining the rural character of the farm land. He also noted that a 1923 deed established the Corbin Hall Farm property with lots. Mr. Stevens expressed his concern that there is now a problem with the proposal, when he had been encouraged by the Planning Commission's support. Bill Latney, Virginia Farm Bureau, asked that the Board reject the proposal, noting that a by-right use by-passes the planning process and allows agriculture and forestry fragmentation. Ed Ruark spoke in opposition to the proposal, noting that you are asking someone to give up their right to use 80% of their property. He suggested putting this in as a special exception rather than as by-right, and to leave it out of the Rural Husbandry District all together. Mathew Fleet suggested that the impact of such a use be considered. Upon learning that this would impact over 100 parcels in the county, he expressed his opposition and commented that it was a big mistake. There being no further comments, Mr. Miller closed the public portion of the hearing. Options were presented to the Board. Mr. Jessie spoke in opposition to the proposal, noting that it was not consistent with the Comprehensive Plan and that his constituents have expressed their disapproval of the proposal as requested. Mr. LeBoeuf and Mr. Miller also commented in opposition. The motion to deny the request for this ordinance amendment was made by Mr. Jessie, seconded by Mr. LeBoeuf and carried unanimously. ORDINANCE AMENDMENT Mr. Horton introduced this application initiated by the Planning Commission to allow the following in the General Business (GB) Zoning District: (1) crop land and forestry by right (2) residential and accessory uses subject to specials exception requirements, (3) horses for noncommercial use subject to special exception requirements, and (4) laying hens subject to special exception requirements under certain circumstances. This amendment was instituted as a result of staff being approached on a fairly consistent basis by land owners and developers inquiring as to continuing or reinstating uses which may have existed on the property prior to the property being rezoned to General Business. Mr. Horton noted that opening up commercially undeveloped General Business properties for crop land, forestry, residential and residential related uses by special exception stands to offer additional profit options, housing opportunities, possible enhancements to property value, and

11 potentially increase tax revenues with no significant additional burdens on enforcement efforts. The Planning Commission recommended some changes to the original text proposed by the Ordinance Committee and recommended approval to the Board of Supervisors. Mr. Miller opened the hearing for comments from the public. Ed Ruark recommended approval noting that he currently has a home and 11 acres of property offered for sale with stalls for horses, however horses are not allowed. Adoption of the proposed text would allow horses as a special exception. Monica Sanders commented that limiting the number to four (4) chickens is a little extreme. There being no further comment, the public portion of the hearing was closed. The motion to adopt the language for amendment of Sections 11-3 and 11-4 and adding Sections 11-8, 11-9, and was made by Mr. Holt, seconded by Mr. LeBoeuf and carried unanimously. PUBLIC COMMENT ADJOURN There was no public comment. There being no further business, the meeting was adjourned until the regular meeting scheduled for June 7, 2016 at 3:00 p.m. John D. Miller, Jr., Chair Board of Supervisors Page 11