Loading...
01-07-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND TEN PRESENT: Phillip A. Bradshaw Al Casteen Stan D. Clark JoAnn W. Hall Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Supervisor Bradshaw called the meeting to order at 5:00 p.m. and delivered the invocation. /I // The Pledge of Allegiance was conducted. Supervisor Bradshaw called for the election of 2010 Chairman and Vice - Chairman. Supervisor Wright moved that Supervisor Bradshaw be elected as Chairman of the Board for 2010. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Supervisor Wright be elected as Vice - Chairman of the Board for 2010. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for the appointment of the Clerk of the Board for 2010. Supervisor Wright moved that Carey Mills Storm be appointed as Clerk of the Board for 2010. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for consideration of the Board's 2010 meeting schedule. Supervisor Clark moved that the Board's following meeting schedule be adopted for 2010: Thursday, January 21 at 6:00 p.m. * Thursday, February 18 at 6:00 p.m. * Thursday, March 4 at 5:00 p.m. Thursday, March 18 at 6:00 p.m. * Thursday, April 1 at 5:00 p.m. Thursday, April 15 at 6:00 p.m. * Thursday, May 6 at 5:00 p.m. Thursday, May 27 at 6:00 p.m. * Thursday, June 17 at 6:00 p.m. * Thursday, July 1st at 5:00 p.m. * Thursday, July 15 at 6:00 p.m. * Thursday, August 5 at 5:00 p.m. Thursday, August 19 at 6:00 p.m. * Thursday, September 2 at 5:00 p.m. Thursday, September 23' at 6:00 p.m. * Thursday, October 7 at 5:00 p.m. Thursday, October 21" at 6:00 p.m. * Thursday, November 4 at 5 :00 p.m. Thursday, November 18 at 6:00 p.m. * Thursday, December 2n at 5:00 p.m. Thursday, December 16 at 6:00 p.m. * Thursday, January 6, 2011 at 5:00 p.m. Advertised public hearings will be scheduled at 7:00 p.m. on these regular meeting dates. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for consideration of the Rules of Procedure of the Isle of Wight County Board of Supervisors. Supervisor Wright moved that the Board adopt the Rules of Procedure of the Isle of Wight County Board of Supervisors. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. The Board concurred with the following Board Committees for 2010: Budget & Finance /CIP Parks and Recreation Phillip A. Bradshaw Stan D. Clark Thomas J. Wright, III JoAnn Hall Building & Grounds Personnel Al Casteen Stan D. Clark Stan D. Clark JoAnn Hall Refuse Schools Thomas J. Wright, III Al Casteen Al Casteen JoAnn Hall Intermodal Law Enforcement Phillip A. Bradshaw Stan D. Clark Thomas J. Wright, III Thomas J. Wright, III Franklin Intergovernmental Relations Phillip A. Bradshaw Thomas J. Wright Smithfield Intergovernmental Relations Al Casteen Stan D. Clark Windsor Intergovernmental Relations Phillip A. Bradshaw Thomas J. Wright, III The Board concurred with the following Regional Committees: Coalition of High Growth Communities Supervisor Clark Supervisor Casteen 3 Hampton Roads Economic Development Alliance Chairman Bradshaw Hampton Roads Transportation Planning Organization Supervisor Clark (Chairman Bradshaw /Alternate) Hampton Roads Military and Federal Facilities Alliance Chairman Bradshaw Hampton Roads Partnership Chairman Bradshaw Hampton Roads Planning District Commission Supervisor Clark Joint Tourism Committee Supervisor Casteen Supervisor Wright Mayors and Chairs Caucus Chairman Bradshaw Smithfield Intergovernmental Relations Committee Supervisor Casteen Supervisor Clark Social Services Board Supervisor Hall Southeastern Public Service Authority Supervisor Clark (Supervisor Wright/Alternate) South Hampton Roads Resource Conservation and Development Council Supervisor Casteen Southside Mayors and Chairs Chairman Bradshaw VACo/Board of Directors Chairman Bradshaw Western Tidewater Regional Jail Authority Supervisor Casteen Supervisor Wright Western Tidewater Water Authority Supervisor Clark Supervisor Wright Windsor Intergovernmental Relations Committee Chairman Bradshaw Supervisor Wright Supervisor Wright moved that Supervisor Casteen be appointed to serve on the Western Tidewater Regional Jail Authority. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Supervisor Hall be appointed to serve on the Social Services Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Supervisor Hall be appointed to serve on the Chamber of Commerce Board. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 11 /1 Chairman Bradshaw called for approval of the agenda. Interim County Attorney Burton offered the following amendment to the agenda: Add Citizens Comments following County Attorney's report; under New Business, add consideration of a Resolution to Approve the Purchase of Agricultural Conservation Easement Valuation Methodology Adopted by the Isle of Wight County Purchase of Agricultural Conservation Easement Committee; and, remove one (1) closed meeting item. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for the County Attorney's report. Interim County Attorney Burton requested authorization to advertise a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 2. Administration. By Adding Article VII. Auxiliary Deputy Sheriff Force. 5 Supervisor Clark moved that the Board authorize the County Attorney's office to advertise the ordinance amendment for public hearing at the Board's February 18, 2010 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Memorandum of Understanding (MOU) with Opportunity, Inc. to extend the program to March 31, 2010 for the Board's consideration. Supervisor Casteen moved that the Chairman be authorized to execute the MOU on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Purchase and Sale Agreement with Goodwood Virginia, LLC for the Board's consideration. He brought to the Board's attention that a closing on this matter has been requested to occur by February 19, 2010, which can be extended to March 31, 2010 upon the County paying an additional deposit. He noted that the Board may wish to take advantage of the March 31, 2010 closing date as the County will be funding its portion of cost from an upcoming bond issue. He advised that the County will be required to pay $1.5 million at the time of the closing, which will be returned from the bond issue, followed by a conservation easement after the closing to be reimbursed by the State Forestry in the amount of $850,000 and the Nature Conservancy in the amount of $640,000. He recommended that the Board approve the contract and authorize the Chairman to execute it on behalf of the Board. He stated with respect to the Timber Deed, the County will convey the timber back to Goodwood Virginia, LLC as it is their right to harvest the timber on the upland portion of the property. He advised that there is also a right on the part of Goodwood Virginia, LLC to assign the timber rights; however, they are required to provide notification to the County before assigning those timber rights and the County has the right to negotiate with Goodwood Virginia, LLC under the terms and conditions that they are offering to sell the timber. He advised that there is a possibility that the County, through the Nature Conservancy, would be able to come up with funds sufficient to pay for that so that in the future, the County may be able to purchase the timber rights from Goodwood Virginia, LLC and the County would then own the entire property exclusively and be able to harvest it in the future if the Board deems appropriate. Supervisor Clark moved that the matter of the Purchase and Sale Agreement with Goodwood Virginia, LLC and the Timber Deed with Goodwood Virginia, LLC be deferred until following the closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had four (4) matters to discuss with the Board later in closed meeting. I/ Chairman Bradshaw called for Citizens Comments. Robbie Younger requested the County's assistance with securing State/Federal funding with respect to the repair /stabilization of her property at Morgarts Beach which experienced significant erosion during the most recent nor'easter. Supervisor Clark moved that staff be directed to make contact with Ms. Younger with regard to the availability of any Federal and State financial assistance. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Henry Morgan, 22048 Ballard Creek Drive, responded to a recent editorial which appeared in the Smithfield Times which alleged that the Board was responsible for Walmart not being attracted to the County because it did not act with a sense of urgency. He stated that during the process, three (3) development partners were lost, which was the applicant's and Armada Hoffler's fault. He advised that Walmart did not locate in the County because Armada Hoffler decided not to renew Walmart's contract as capital markets had collapsed and the retail economy was in a downturn. He clarified that none of those events were caused by the Board and were not in the control of the Board. He advised that he submitted a revised application on February 15` and received approval 15 weeks later, which he believes is very responsive and supportive. He stated with respect to the suggestion that the applicants and the County should have taken what it could get when it could get it, he hopes that we all would prefer to work to get what is wanted. He clarified that none of this Board or previous boards held up any applications in any way or were responsible for any businesses deciding not to locate in the County. Chairman Bradshaw called for consideration of the following Consent Agenda: A. Resolution in Recognition of the Passing of Keith L. Jones B. Unfunded General Services Project Needs Resolution to Fund Selected Capital Requests C. Schools Carryover Funding Request Resolution to Expend Carryover Funds from the School's Capital Line Item of the Board of Supervisors' Budget D. Unfunded Requests for Financial Support Resolution to Fund Selected Requests E. Impact of the Governor's Proposed 2010 -2012 Budget Supervisor Wright moved that Item (A), Resolution in Recognition of the Passing of Keith L. Jones, be removed and that the remaining items on the Consent Agenda be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (A.), Resolution in Recognition of the Passing of Keith L. Jones, following comments by several Board members regarding the dedicated service of Mr. Jones, Supervisor Clark moved that the following Resolution be adopted: RESOLUTION IN RECOGNITION OF THE PASSING OF KEITH LAMONT JONES WHEREAS, Mr. Keith Lamont Jones was a native of the Hardy District of Isle of Wight County; and, WHEREAS, Mr. Jones faithfully served his community and his church in an effort to improve the quality of life for all citizens of Isle of Wight County; and, WHEREAS, Mr. Jones was an active member of the Rushmere Volunteer Fire Department for over 20 years and served as Chief for most of his tenure with the Department; and, WHEREAS, the Isle of Wight County Board of Supervisors sincerely appreciates his dedicated service and leadership within the community; and, WHEREAS, the citizens of Isle of Wight County were deeply saddened by the news of the untimely passing of Mr. Jones. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express it deepest condolences to the family of Mr. Keith Lamont Jones. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Bradshaw called for Old Business. Mark W. Furlo, Director of Parks and Recreation, reported on the clearing and grading project at the Henry H. Bradby Park responsive to the Board's direction at its December 17, 2009 meeting. He distributed copies of an estimate in the amount of $700,000 to perform the additional drainage improvements and a master drainage plan and noted that there is currently $308,000 remaining in the construction account. Supervisor Clark moved that the matter be referred to the Parks and Recreation Committee. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Diane M. Jones, Emergency Communications Center Manager, advised the Board that the County has received an "end of life" notice on the MAARS equipment being utilized in the emergency communications center. She advised that because it is becoming increasingly difficult and expensive to obtain service on this equipment, staff has pursued and received a grant from the Commonwealth Wireless Services Board with respect to the upgrade of the equipment. She advised that the maximum allowable grant amount is $150,000; however, initial estimates are in excess of $250,000 to fully fund the project. She advised that the cost can be reduced by scaling down the project and putting it out to competitive bid; however, in order to replace the system currently in place, the Emergency Communications Center will need an additional $75,000 depending on the outcome of the procurement process. Supervisor Clark moved that the project be funded as presented and requested the ECC Manager to also present this information to the Smithfield and Windsor Town Managers. Mr. Reck is to return to the Board with an appropriate resolution. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for New Business. Lisa T. Perry, Director of Economic Development, addressed the Board regarding the privatization of Shirley T. Holland Intermodal Park project, which is at a tipping point at which soliciting a substantial private sector 9 development partner would be advantageous in key areas. She recommended that the Board direct staff to move forward with the development of a comprehensive Request for Proposals in partnership with Moffatt & Nichol under the existing professional services contract and to solicit a private sector partner by year end 2010. Supervisor Clark moved that the Board accept the Director of Economic Development's report and direct staff to move forward with the development of a comprehensive Request for Proposal (RFP) in partnership with Moffatt & Nichol under the existing professional services contract and to solicit a private sector partner by year -end 2010. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mark C. Popovich, Assistant County Attorney, presented a Resolution to Approve the Purchase of Agricultural Conservation Easement Valuation Methodology Adopted by the Isle of Wight County Purchase of Agricultural Conservation Easement Committee, added under Approval of the Agenda, for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO APPROVE THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENT VALUATION METHODOLOGY ADOPTED BY THE ISLE OF WIGHT COUNTY PURCHASE OF AGRICULTURAL CONSERVATION EASEMENT COMMITTEE WHEREAS, Section C -8 and C -11(b) of the Isle of Wight County Code require the Purchase of Agricultural Conservation Easement (PACE) Committee to determine a methodology for the valuation of potential properties upon which a conservation easement may be acquired by Isle of Wight County; and, WHEREAS, Section C -8 and C -11(b) of the Isle of Wight County Code requires that the Isle of Wight County Board of Supervisors formally approve the PACE Committee valuation methodology. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the PACE Committee's valuation methodology, as it may be adjusted from time to time by the PACE Committee, is hereby formally adopted by the Isle of Wight County Board of Supervisors for the purposes of valuing potential purchases of conservation easements within Isle of Wight County, Virginia. 10 The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright reported that John Rankin, the new Mill Manager at International Paper, has expressed an interest in partnering with the County with respect to that facility's reuse. Judy H. Winslow, Director of Tourism, reported on the successes achieved in the Tourism Department this year, noting that there has been a 91% increase in tourism visitation for the Town of Smithfield and the County. She advised that a press release regarding those numbers has been issued and she noted that the Department's move into the new Visitor's Center in Smithfield has attributed to making tourism an important part of an economic development package. County Administrator Caskey disseminated copies of a budget directive letter to the Board that he intends to distribute to staff calling attention to the economic challenges which lie ahead. Supervisor Clark reported on the success of the most recent Building and Grounds Committee meeting in which the Director of Budget and Finance had participated. /1 Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.3 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice regarding property located in the Hardy District; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice concerning actual litigation; and, pursuant to Section 2.2- 3711.A.3 regarding consultation with legal counsel requiring the provision of legal advice regarding property located in the Carrsville District. Supervisor Wright moved that the Board enter the closed meeting pursuant to the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 11 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: Bradshaw, Casteen, Clark, Hall and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved that the Chairman be authorized to execute the Purchase and Sales Agreement and the Timber Deed with Goodwood Virginia, LLC for the acquisition of the Blackwater River property. The motion was adopted by a vote of (3 -2) with Supervisors Bradshaw, Clark and Wright voting in favor of the motion and Supervisors Casteen and Hall voting against the motion. 1/ Supervisor Clark moved that the Board adopt the following Resolution: At 6:50 p.m., Supervisor Wright moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Carey Is St. ;'" , Clerk CERTIFICATION OF CLOSED MEETING 12 ip A. Bradshaw., Chairman