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02-18-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEEN DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND TEN PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice- Chairman Al Casteen Stan D. Clark JoAnn W. Hall Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Ryan Gank, a Junior at Smithfield High School, called the meeting to order at 6:00 p.m. // /1 Interim County Attorney Burton offered the following amendments to the agenda: Under Special Presentation, move Item (E) to Item (B); move Item (G) to Item (F) and add a new special presentation by a SPSA representative as Item (G); under the County Attorney's report, add authorization to advertise 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; under the County Attorney's Report, add three (3) closed meeting items; and, under Special Presentations, remove item (F), FY2008/09 Comprehensive Annual Financial Report (CAFR). // Supervisor Wright delivered the invocation. The Pledge of Allegiance was conducted. Chairman Bradshaw called for Approval of the Agenda. 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 Special Presentations /Appearances. Animals available for adoption at the Isle of Wight County Animal Shelter were on display. Chairman Bradshaw publicly recognized Mrs. Rhonda Perry for her community service efforts associated with the County Fair and moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF RHONDA PERRY WHEREAS, Rhonda Perry has served the community with dedicated service to the Isle of Wight County Fair for sixteen years; and, WHEREAS, during this time, she has performed as the Chairperson of Heritage Crafts and Secretary for the Isle of Wight County Fair Committee. 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 its sincere gratitude in recognition of the dedicated service and leadership of Ms. Perry. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the 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. Supervisor Casteen recognized the members of the Smithfield High School football team and presented them with A Resolution to Recognize the Smithfield High School Football Team for Outstanding Achievement, which was formally adopted by the Board at its January 21, 2010 meeting. Chairman Bradshaw publicly recognized Richard Holland and the 100 anniversary of the Boy Scouts of America and moved that the following Resolution be adopted: A RESOLUTION TO RECOGNIZE THE BOY SCOUTS OF AMERICA 100 ANNIVERSARY WHEREAS, the Boy Scouts of America, the largest organization for young people in the United States, was incorporated on February 8, 1910 and has served our youth for over 100 years; and, WHEREAS, thanks to dedicated adult volunteers, millions of young people have learned scouting's lessons of patriotism, courage, and self- 2 reliance over the past 100 years, and millions more have benefited from the service, inspiration, and Leadership of the Boy Scouts of America; and, WHEREAS, former scouts have gone on to become leaders in all fields, including business, education, and government; and, WHEREAS, the values they learned through scouting have given them the confidence to make ethical choices and to realize their full potential as active and responsible citizens; and, WHEREAS, scouting has had a strong positive influence on young people, played a vital role in shaping America's future, and provided our youth with programs that build confidence and competence; and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County designates the month of February 2010 as the Boy Scouts of America 100 Anniversary Month. BE IT FURTHER RESOLVED that the dedicated volunteer Scout leaders and institutions that assist the Boy Scouts in benefiting the youth of our community are commended for their efforts. 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. David Sawyer, Chairman of the Isle of Wight County Fair Committee, publicly recognized the community service efforts of Barnes Batten in association with the County Fair. Supervisor Wright moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF BARNES BA 1"1"EN WHEREAS, Mr. Barnes Batten has served the community with dedicated service to the Isle of Wight County Fair Special Programs Committee every year since the Fair was revived in 1994; and, WHEREAS, during this time he has performed a variety of roles including judge for the Horse and Mule Pull competition, judge for the ATV Challenge and assisting with setup for the ATV Challenge and Mule and Horse Pull courses; and, WHEREAS, it should be noted that Mr. Batten also assisted the Livestock Committee in the Poultry Tent and the Logistics Committee by driving the water truck when needed. 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 its gratitude and recognition of the dedicated service of Mr. Barnes Batten, the 2009 Isle of County Fair Volunteer of the Year. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the 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. Stella V. Bradshaw, Physical Education Teacher, Carrsville Elementary School, addressed the Board regarding a program entitled "Healthy Habits" which is geared towards preventing children from becoming obese. Theodore Hardison, the Board's representative on the SPSA Board, stated that his initial assessment is that there are some older members whose mission is to attempt to influence the outcome by generating a Committee tasked with rewriting the process. He advised that there is a minor element of mistrust with some of the administrative staff by some of the localities. He advised that the Wheelabrator purchase of the power plant is a main priority at this time. He stated that VRA's approval of the distribution of funds and their feedback is expected by March 2010. He stated that the property owned by Portsmouth will be an issue discussed at the next meeting. He stated that the language in the Wheelabrator contract is wide open and the condition of the plant equipment and the definition of the same is also wide open. He stated that over $500,000 has been spent on repair items and he has not seen any technical criteria for acceptance of the components. He advised that he has had several discussions with Wheelabrator on his concerns and he expects them to cooperate in the sale. He advised that when the sale to Wheelabrator is finalized, a new mission will be forthcoming for SPSA. He advised that the Department of Environmental Quality will be issuing a warning letter to SPSA for odors being emitted from the regional landfill and a plan to correct this is in the process. He advised that he will have a recommendation for the Board later on in the year regarding future trash disposal for Western Tidewater. Chairman Bradshaw called for consideration of the Consent Agenda. A. Letter of Appreciation/Mr. Glenn Cook/Public Utilities B. Isle of Wight County Fair Sponsorship Program C. Appropriation of Carryover Operating Funding Remaining at June 30, 2009 4 Resolution to Appropriate Funds from the Designated Fund Balance for the Completion of Various Carryover Operating Projects D. Unfunded Requests for Financial Support Resolution to Appropriate Funds from the Undesignated Fund Balance of the General Fund E. Opportunity, Inc. /Summer Youth Employment Resolution to Accept and Appropriate Funds for the Opportunity, Inc/Summer Youth Employment Grant F. Payment for Cleanup for Camp Washington Oil Tank Leakage Resolution to Appropriate Funds for the Cleanup of an Oil Tank Spill at Camp Washington G. Supplementary Deposit on Blackwater River Property Resolution to Appropriate Funds from the Unappropriated Fund Balance for Conservation Forestry, LLC H. Appropriate Funds from the Economic Development Reserve to Purchase Zero Coupon Bonds Resolution to Appropriate Funds from the Designated Fund Balance of the Capital Fund I Courts Building Change Order #4 Resolution to Authorize Change Order Number Four (4) to the Young -Laine Courts Building Contract J. Quarterly Report/Economic Development K. Status of Engineering Projects L Litter Pick Up M. Notes from Small Business Committee Meetings held November and December 2009 and January 2010 N. Delinquent Real Estate Tax. Collection Monthly Report O. November 19, 2009 Regular Meeting Minutes 5 P. December 14, 2009 Joint Meeting Minutes Q. December 17, 2009 Regular Meeting Minutes R. January 4, 2010 Joint Meeting Minutes S. January 7, 2010 Regular Meeting Minutes Supervisor Clark moved that Items (A) and (D) 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), Letter of Appreciation/Mr. Glenn Cook/Public Utilities, Supervisor Clark moved that the Board recognize and accept the letter. 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 (D), Unfunded Requests for Financial Support, (Resolution to Appropriate Funds from the Undesignated Fund Balance of the General Fund), Chairman Bradshaw moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNDESIGNATED FUND BALANCE OF THE GENERAL FUND WHEREAS, Board of Supervisors approved a motion at its January 21, 2010 meeting to provide funding to the Western Tidewater Free Clinic and the Surry Free Clinic; NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty seven thousand, five hundred ($27,500) dollars be appropriated from the Undesignated Fund Balance of the General Fund to the FY- 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia to provide $20,000 for the Western Tidewater Free clinic and $7,500 for the Surry Free Clinic. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. 6 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 (C), Appropriation of Carryover Operating Funding Remaining at June 30, 2009 (Resolution to Appropriate Funds from the Designated Fund Balance for the Completion of Various Carryover Operating Projects), Chairman Bradshaw advised that he had been notified by a citizen that the School Board has never taken an official vote to request that the County appropriate any carryover operating funding to the Schools. He advised that he has requested County Administrator Caskey to request that the School Superintendent provide the Board of Supervisors with a formal motion by the School Board; however, to date, this motion has not been provided. !1 Chairman Bradshaw called for Regional Reports. County Administrator Caskey reported that pending bills from the General Assembly were discussed at the most recent meeting of the Coalition of High Growth Communities. He advised that VACo and VML staff continue to monitor all General Assembly bills in terms of what may or may not have adverse impacts to localities. Regarding the Hampton Roads Transportation Planning Organization, Supervisor Clark reported that a concern expressed with the proposed Dendron power plant is the air quality nonattainment status. He advised that the Dendron power plant will increase non attainment by 10% further below the limits, which is a special economic concern for this region. He stated that new industries will go elsewhere when they find out that this area is in a non attainment status. Supervisor Clark reported that high speed rail continues to be discussed at the Hampton Roads Planning District Commission meetings. Supervisor Casteen reported that in addition to budget issues, the Joint Tourism Committee had also discussed the new Ambassador Program. Regarding the VACo/Board of Directors, Chairman Bradshaw reported on VACoNML Legislative Day. He advised that a resolution was adopted and presented to the Governor and the Speaker of the House. He advised that he had requested the Governor to hold localities harmless on all tax requests that will impact tax revenues in the Spring. He advised that the Governor is promising no unfunded mandates to the local governments. He stated that he also discussed the local composite index with the Governor and that the VACo Board of Directors had adopted a resolution supporting the 7 Governor's position that the LCI be left alone. He stated that the Governor had made a visit to International Paper last week and that he has taken a strong position for the County and he has offered State staff support. He advised that he has held numerous conversations with representatives in the administrative branch of government concerning the County's desire to be added to the Franklin/Southampton Enterprise Zone. Supervisor Wright reported that difficult financial times continue at the Western Tidewater Regional Jail due to the Commonwealth taking funds from localities. Chairman Bradshaw called for Transportation Matters. Responsive to Supervisor Hall, Eddie P. Wrightson, Director of General Services, advised that Poplar Drive is currently being privately maintained by its residents and restraints within his budget have prevented him from moving forward with the survey and utility guarantee that is required by VDOT. Supervisor Hall moved that the Finance Committee be directed to review the need for funding of the survey and utility guarantee. 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 advised that he has received a similar request from a constituent in his district concerning Laurelwood Drive. Supervisor Clark moved that staff be directed to contact VDOT to determine what needs to be done in order to have the remainder of the road taken into the State system and bring a report back to 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. Frank Drewery, 14065 Poor House Road, requested that the remaining portion of Poor House Road be paved. /I Supervisor Wright moved that the regular order of the agenda be amended to conduct the public hearings at this time. 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 a public hearing on the following: A. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 15. Taxation. Article VI. Tax on Prepared Food and Beverages. Section 15 -25. Reports and Remittances Generally. And By Amending and Reenacting Article I. In General. By Adding Section 15- 5.2.1. Procedures as to Collection; Section 15- 5.2.2. Reports and Remittances; and Section 15- 5.2.3. Penalty of Late Remittance or False Return. Interim County Attorney Burton certified that the Ordinance has been properly advertised and approval is recommended by the Commissioner of Revenue. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Ordinance amendments. Gerald H. Gwaltney, Commissioner of Revenue, spoke in favor of the Ordinance amendment which would require that reports and remittances be made on or before the 20 day of each month. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance amendment be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15. TAXATION. ARTICLE VI. TAX ON PREPARED FOOD AND BEVERAGES. SECTION 15 -25. REPORTS AND REMITTANCES GENERALLY. AND BY AMENDING AND REENACTING ARTICLE I. IN GENERAL. BY ADDING SECTION 15- 5.2.1. PROCEDURES AS TO COLLECTION; SECTION 15 -5.2.2 REPORTS AND REMITTANCES; AND SECTION 15- 5.2.3. PENALTY OF LATE REMITTANCE OR FALSE RETURN. WHEREAS, the Isle of Wight County Commissioner of the Revenue has informed the Board of Supervisors that all localities in Hampton Roads, except Isle of Wight County, require the remittance of food and lodging taxes on a monthly basis; and WHEREAS, the Isle of Wight County Board of Supervisors believes that such monthly reporting requirements are necessary to ensure that such taxes, which are held in trust until due, are remitted in a timely manner to prevent the loss of revenue. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 15. Taxation, Article VI. Tax on Prepared Food and Beverages. Section 15 -25. Reports and Remittance Generally. be amended and reenacted as follows: Sec. 15 -25. Reports and remittance generally. Every seller of food with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the commissioner of the revenue may prescribe and require, showing the amount of food charges collected and the tax required to be collected, and shall sign and deliver such report to the treasurer with a remittance of such tax. It shall be presumed that all food served, sold or delivered in the county (outside of incorporated towns) in or from a restaurant which provides seating facilities for its customers are consumed on premises and the burden shall be upon the seller of food to establish by records what food is sold for off - premises consumption. Such reports and remittance shall be made on or before the 20 day of each month, covering the amount of tax collected during the preceding month. (12- 16 -04.) AND, BE IT FURTHER ORDAINED, by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 15. Taxation, Article I, In General. be amended by adding the following: Sec. 15- 5.2.1. Procedure as to collection. Every person receiving any payment for lodging with respect to which a tax is levied under this Article shall collect the amount of such tax so imposed from the transient on whom such tax is levied or from the person paying for such lodging at the time payment for such lodging is made. The taxes required to be collected under this section shall be deemed to be held in trust by the person required to collect such taxes until remitted as required in this Article. Sec. 15- 5.2.2. Reports and remittances. The person collecting any tax, as provided in Section 15- 5.2.1, shall make out a report upon such forms and setting forth such information as the Commissioner of the Revenue may prescribe and require, showing the amount of lodging charges collected and the tax required to be collected and shall sign and deliver such report to the Commissioner of the Revenue with a remittance of such tax made payable to the County Treasurer. Such reports and remittances shall be made on or before the 20 day of each month covering the amount of tax collected during the preceding month. Sec. 15- 5.2.3. Penalty of late remittance or false return. If any person collecting such tax shall fail or refuse to file any report required by this article or to remit to the County Treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the County Treasurer a penalty in the amount of ten percent (10 %) thereof and interest hereon at the rate of eight percent (8 %) per annum, which shall be computed Upon the taxes and penalty from the date such taxes are due and payable. 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 a public hearing on the renewal of the Griffin Farm lease. Interim County Attorney certified that the renewal of the lease has been properly advertised for public hearing. Chairman Bradshaw called for persons to speak in favor of or in opposition to the renewal of the lease. No one appeared and spoke in favor or in opposition. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Griffin Farm lease be renewed. 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 revert back to the regular order of the agenda. 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 the continuation of Transportation Matters. Jerry Williams, resident of Poor House Road, reported that the unpaved portion of this roadway presents a danger to motorists as they come around the bend in the road and slide on the gravel. He advised that he is afraid for his children to play in the front yard as there have been several accidents in the past. Supervisor Wright moved that staff be directed to discuss with Mr. Neblett what can be done with respect to having the remaining portion of Poor House Road paved. 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. Barnes Batten advised that he has assisted with numerous accidents on Poor House Road in the past. He noted that it would be cheaper to pave this small section of roadway than to continue maintaining it. Dee Dee Darden advised that Poor House Road is used by citizens, buses and County vehicles daily and for safety reasons she is requesting the Board's assistance in having the remaining portion of that roadway paved. Mr. Neblett offered to speak with the VDOT traffic engineering Department to see if a sign can be installed advising that children are at play in that area. Supervisor Clark moved that staff be directed to draft a resolution for consideration by the Board requesting VDOT to post "Children at Play" signs on Poor House Road. 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. County Administrator Caskey advised the Board that staff will have a draft resolution for consideration by the Board under New Business later in the agenda. Mr. Neblett reported that during the most recent snow, the northern portion of Virginia had been in need of assistance due to the amount of snow accumulation in that area. He stated that Hampton Roads sent 10 trucks and 15 operators to assist in that effort. Supervisor Hall reported safety concerns at the intersection of Morgart's Beach Road and Blount's Corner Road. Supervisor Hall moved that staff be directed to speak with Mr. Neblett regarding safety concerns at the intersection of Morgart's Beach Road and Blount's Corner Road. 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. Attorney Riddick advised that contact has been made with Mr. Keusal, the owner, who has agreed to sign the deed. He added that he would be contacting Assistant County Attorney Popovich, who will be drafting the teed. Ed Easter advised that there is approximately 370 feet on Hideaway Lane that also needs to be transferred and that Attorney Jones will be meeting with Mr. Magette in the near future. Supervisor Clark commended Mr. Neblett, who will be retiring in April 2010, for his assistance to the County regarding transportation matters. /I 1/ Supervisor Clark requested the status of Yellow Rock Road. Chairman Bradshaw called for Citizens Comments. No one appeared and spoke. Chairman Bradshaw called for Board Comments. There were no comments offered. Chairman Bradshaw called for the County Attorney's report. Interim County Attorney Burton requested the Board's authorization to advertise a public hearing for the consideration of the renewal of the Windsor Hunt Club lease. Supervisor Wright moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's March 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 requested authorization to advertise for public hearing An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14A. Stormwater Management Program. Article II. Definitions. Section 14A -9. Definitions. Supervisor Clark moved that the County Attorney's office be authorized to advertise the proposed ordinance for public hearing at the Board's March 18, 2010 meeting. The motion was adopted by a vote of (5 -0) 13 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 requested authorization to advertise for public hearing consideration of the proposed issuance of General Obligation Bonds of the County not to exceed $23.5 million dollars. Supervisor Clark moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's March 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 requested authorization to advertise for public hearing the consideration of proposed General Obligation Guaranty by the County of Isle of Wight, Virginia, of Certain Revenue Bonds issued by the Southeastern Public Service Authority of Virginia. Supervisor Casteen moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's March 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 requested authorization to advertise 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. Supervisor Wright moved that the County Attorney's office be authorized to advertise the Ordinance at the Board's March 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 advised that he had seven (7) matters to discuss with the Board later during the Closed Meeting. 1/ Chairman Bradshaw called for the General Services report. Eddie P. Wrightson, Director of General Services, presented draft Water and Sewer Agreements between the County and the Town of Smithfield which are intended to replace the existing single expired agreement with the Town of Smithfield. He advised that the proposed Water Agreement contains two (2) options, both of which increase the water rate from $2.55 per 1,000 gallons of water to $3.09 per 1,000 gallons of water to 14 reflect the Town of Smithfield's desire that County residents pay the same for water as Town residents. He advised that the water options include a provision for the County to sell approximately 200,000 gallons of water per day at the same rate that the County purchases water from the Town of Smithfield. He stated that Option 2 of the water agreement contains a provision that would retroactively pay the Town of Smithfield the new water rate back to January 2008. He advised that the proposed sewer agreement acknowledges the County's requirements pursuant to the DEQ Consent Order and what the impact additional connections have on the system. He stated that the Town of Smithfield has agreed to take whatever action is necessary to ensure that any party that has an impact on the system is responsible for paying for those impacts. He advised that the agreement continues the County payment to the Town of $1.50 per month for residential and commercial connections. Dave Hare, Smithfield Town Mayor, advised that the Smithfield Town Council has not yet reviewed the proposed agreements. He further advised that he is confident that the Town of Smithfield is not agreeable with Option 1, but is agreeable with Option 2. Supervisor Casteen made reference to Item (4) on Page 2 of the Sanitary Sewer Public Utility Agreement and inquired about the intent of the language "prior to authorization." Attorney William Riddick advised that the intent is that if there was another rezoning coming on line, the Town of Smithfield would be required to place the County on notice well ahead of time so that the County would have the opportunity to have input in the process and have the information available to the County so that it can be determined if there will be a future impact on the County's system. He stated through the zoning process, there will be an opportunity for the Town of Smithfield to ensure that the proposed zoning applicant would pay the cost of impacts that might affect the County due to construction. He advised that the Smithfield Town Council has not reviewed the agreements and may have a need to make some minor modifications. Supervisor Casteen commented that Item (8) of the sewer agreement states that the County reserves the right to terminate the agreement at any time within 90 days written notice. He inquired why the agreement refers to the County and not the Town of Smithfield having the right to terminate. Mr. Wrightson advised that this language is identical to that in the previous agreement. He advised that the County could not terminate unless the County has some other place that it could obtain sewer service. Assistant County Attorney Popovich advised that the reason for the incorporation of that language into the proposed agreement was to provide the County with the option if it chose at any time in the future to get into the 15 sewer business on its own rather than utilizing the Town's sewer system. He stated it is more likely a provision that will never be used; however, he wanted it to be included in the agreement. Supervisor Casteen moved that staff be directed to notify the Smithfield Town Council that the County is in strong support of Option 2 of the Water Agreement, as well as the Sewer Agreement, which was presented to the Board tonight and request that the Smithfield Town Council review and return the Agreements to 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. Chairman Bradshaw called for the Emergency Services report. James R. Chase, Director of Emergency Services, presented a request from the Smithfield Volunteer Fire Department for funding to replace a heavy rescue vehicle. He advised that the Board, at its January 21, 2010 meeting, deferred funding due to budget constraints; however, since that time the Smithfield Volunteer Fire Department has been successful in obtaining additional funding to assist in the purchase of the heavy rescue truck and by doing so will assist the County with respect to offset some of the costs. He stated to purchase the truck later will cost an additional $35,000. Supervisor Clark advised that he had inquired if members of the Volunteer Fire and Rescue Association were in favor of the Board acting on this request and they all responded that they were in favor of placing some of their projects on hold and no opposition expressed with respect to the request. Jason Stallings, Fire Chief, Smithfield Volunteer Fire Department, advised that the lease agreement would be with the Smithfield Volunteer Fire Department using funding from the County, the Town of Smithfield and Smithfield Foods. He offered for the County Attorney to review the lease, as well as other documentation that would be coming in. He stated that of utmost importance is that the Smithfield Volunteer Fire Department be allowed to move forward with ordering the truck and locking in the price. Supervisor Casteen moved that the Board approve the lease agreement by the Smithfield Volunteer Fire Department, subject to the review and approval of the lease by the County Attorney, and that the Director of Budget and Finance be requested to develop a resolution appropriating the necessary funds. 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/ 16 Chairman Bradshaw called for the Tourism report. Judy H. Winslow, Director of Tourism, briefed the Board on a new program entitled the "Community Ambassador Program." She advised that citizens in the community are being asked to bring their groups, organizations and meetings to the County and the Town of Smithfield to utilize local hotels, restaurants and shops. /1 Chairman Bradshaw called for the County Administrator's report. Judy C. Wells, Treasurer, requested permission to fill a vacant employee position pending in her office. Chairman Bradshaw moved that the Treasurer be allowed to fill a vacant position pending in Collections. 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. County Administrator Caskey presented a Resolution to Approve the Offered Renewal Terms for the County's health and dental plans for the period of March 1, 2010 through February 28, 2011. He advised that there was a 1% increase in the cost of the County's health insurance and staffs recommendation is to approve the Resolution. Supervisor Wright moved that the following Resolution be adopted: RESOLUTION TO APPROVE THE OFFERED RENEWAL TERMS FOR THE COUNTY'S HEALTH AND DENTAL PLANS WHEREAS, the term of the Health Insurance and Dental plans offered to County employees expires on February 28, 2010 and; WHEREAS, The Insurance carrier for both plans (Blue Cross and Blue Shield) has offered a renewal with an overall 1% increase over the March 1 2009 to February 28, 2010 period for Medical and a 0% increase for Dental and; NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the current Medical and Dental plans may be renewed on the same terms as was offered in March, 2009 and; 17 BE IT FURTHER RESOLVED that the County will absorb any increase in plan costs for the period March 1, 2010 to February 28, 2011 not to exceed $17,000. 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. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that staff has been advised by the State that it is offering the opportunity for the County to participate in the Hazard Mitigation Grant Program. He advised that the Virginia Department of Emergency Management has advised staff that the County now has the opportunity to pursue an application and grant and outlined in the agenda are prospective homes and project that staff recommends be on the application. He advised that staff has not been advised what the local match amount will be and staff would like to pursue options other than to request funding from the County, such as to request that the property owners and/or their insurance carriers provide some of the required local match. He advised that there is also an opportunity for staff to solicit the assistance of K. W. Poore & Associates which has been successful in assisting other localities in the region at little or no cost to the locality. Chairman Bradshaw moved that staff be directed to continue with the Hazard Mitigation Grant Program and prepare this project for submission. 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. Mr. Robertson advised that the City of Franklin and the Counties of Isle of Wight and Southampton have been awarded approximately $40,000 in Federal grant funding to allow the U.S. Geological Service (USGS) to acquire and install river gauges to monitor the Blackwater River. He advised that while the initial acquisition and installation of the river gauges will be covered by grant funding, the on -going maintenance costs of the gauges will be the responsibility of the three (3) participating localities. He noted that the cost to the County is expected to be approximately $14,000 annually with the first installment becoming due in March 2011 and the USGS is requesting a commitment prior to the acquisition of the river gauges. Mr. Chase explained that the river gauges are tied into the National Weather Service Center and each gauge has its own cost involved with the monitoring of the river height. He advised that one (1) gauge will be installed in Broadwater and the other at the new bridge between the County and the City of Franklin. He advised that the USGS representative has advised that the cost covers the maintenance and technical work, which is performed approximately six (6) times annually with respect to calibration of the gauges. He advised that the City of Franklin is in favor of proceeding. 18 County Administrator Caskey advised that the Southampton County Administrator has advised that he was not aware of the extent of the level of financial obligation and has not committed to providing funding for this effort. Chairman Bradshaw moved that staff be directed to review this process and bring a detailed report explaining this process back to the Board; that staff be directed to obtain Southampton County's and the City of Franklin's position; and, that staff contact Congressman Forbes' office to advise him about the extravagant maintenance fee that is being requested by USGS to be paid on an annual basis. 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. Mr. Robertson briefed the Board on proposed legislation which creates a requirement that all state and local governments be required to have their law enforcement officials participate in collective bargaining agreements. Supervisor Clark moved that the following Resolution be adopted and circulated to Virginia's Congressional representatives: A RESOLUTION TO OPPOSE ANY LEGISLATION MANDATING COLLECTIVE BARGAINING FOR PUBLIC SECTOR EMPLOYEES WHEREAS, the Public Safety Employer - Employee Cooperation Act of 2009 mandates the provision of collective bargaining rights for public safety officers employed by state and local governments; and, WHEREAS, state and local governments are in the best position to make decisions about whether the collective bargaining process will benefit their constituents; and, WHEREAS, federally mandated collective bargaining laws for public safety employees would interfere with existing state civil service laws; and, WHEREAS, federally mandated collective bargaining laws for any specific class of public employees would have a detrimental impact on fiscally stressed state and local governments; and, WHEREAS, federal public safety officers do not have the right to negotiate wages and conditions of employment; and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County respectfully requests Congress to reject any federal legislation that interferes with a state or local government's right to determine for itself whether the terms and conditions 19 of employment for any of its employees shall be subject to collective bargaining. BE IT FURTHER RESOLVED that Congress is requested to reject any federal legislation that would provide a single class of employees with special rights and privileges. 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. Mr. Robertson provided the Board a legislative update regarding SB 17, Scenic River Designation for the Blackwater River, which was reported out of the House Agriculture, Chesapeake & Natural Resources Committee; HB951, the Scenic River Designation for the Blackwater River, which was referred to Senate Agriculture, Conservation & Natural Resources Committee; and SB 19, the Solid Waste Disposal Fee, which will likely be heard in the Counties, Cities & Towns Subcommittee #1 on February 24, 2010 at 7:30 a.m. He advised that HB280, introduced by Senator Quayle, which proposes to allow counties to impose a meals tax and equalize authority between cities and counties, had been referred to the House Finance Subcommittee #1. He advised that HB57, introduced by Senators Quayle and Lucas, which proposes to eliminate the BPOL tax and/or eliminate Iocal ability to increase the BPOL tax, had been referred to the Senate Finance. He advised that HB570, introduced by Senators Quayle and Lucas, which proposes to change the burden of proof from the taxpayer to the assessor in assessment appeals, had been referred to the Senate Finance. County Administrator Caskey presented a request from Mr. Nelson Miller seeking permission to trap animals at Heritage Park. Supervisor Hall moved that the request be denied. 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 Appointments. Supervisor Casteen moved that Aaron Lilly be appointed as the citizen representative to serve on the Hampton Roads Military and Federal Facilities Alliance. 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. 20 Supervisor Wright requested County Administrator Caskey to provide General Lilly with past minutes of the Alliance so that he may be brought up- to -speed on relevant issues. Chairman Bradshaw moved that Rex W. Alphin be reappointed to represent the Carrsville District on the Planning Commission. 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 Peg Hoagland be reappointed to represent the Smithfield District on the Beautification 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. // Chairman Bradshaw called for Old Business. County Administrator Caskey stated that included in the agenda is information regarding the CHIP Program, as requested by the Board previously. Supervisor Casteen moved that staff be directed to draft an appropriation resolution for the Board's March 4, 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. Mr. Furlo, responsive to the Board's direction at its January 9, 2010 meeting, advised that the issue of the Henry H. Bradby Park was referred to the Parks and Recreation Committee with respect to clearing and grading issues of approximately sixteen (16) previously logged acres. He advised that the Committee's recommendation is not to proceed with the project unless the cost can be lowed to approximately $100,000. He stated that staff has discussed the issue with the Departments of Planning and Zoning, General Services and the County's engineering consultants in order to reduce the cost, which was unsuccessful at $259,000. Supervisor Casteen moved that the Board follow the Parks and Recreation Committee's recommendation and postpone the project until a more appropriate time in the future. 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. County Administrator Caskey advised that he had met with Dr. McPherson on the issue of shared services and has charged certain 21 Department Heads to meet and discuss shared opportunities with their counterparts at the schools. He further advised that he will again be meeting with the School Superintendent next week to continue in this effort. Supervisor Clark commented that he had recently read an article on the transparency index which ranked the County low with respect to the County's financial information being easily accessed for view by the public. He commented that there may be some things that can be done easily which will cause the County's rankings to go up. Supervisor Clark moved that staff be directed to investigate the criteria associated with transparency index and financial information rankings. 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 New Business. Noting a conflict with his schedule, Supervisor Wright moved that the Board's regular meeting date of Thursday, March 18, 2010 be changed to Thursday, March 25, 2010 at 5 :00 p.m.; that the Thursday, April 1, 2010 meeting be cancelled; and, that the Board set a meeting on Monday, April 26, 2010 at 5:00 p.m. 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. Responsive to the Board's earlier direction, County Administrator Caskey presented A Resolution to Request the Virginia Department of Transportation Post Children at Play Signs on Poor House Road for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: A RESOLUTION TO REQUEST THE VIRGINIA DEPARTMENT OF TRANSPORTATION POST CHILDREN AT PLAY SIGNS ON POOR HOUSE ROAD WHEREAS, Poor House Road (Route 692) is a State maintained roadway located in Isle of Wight County; and, WHEREAS, families with school -aged children are located along portions of Poor House Road; and, WHEREAS, the presence of fast moving vehicles, including school buses and large farm equipment, poses an unsafe environment for children at play in neighborhoods along Poor House Road. 22 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia requests that the Virginia Department of Transportation post "Children at Play" signage along portions of Poor House Road in order to create a safe environment for families residing and individuals traveling along said road. 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 the recent national Health Department evaluation performed by the locality, Chairman Bradshaw moved that staff be directed to obtain information regarding the national Health Department evaluation and request that Dr. McCoy make a presentation to the Board at its next 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. Responsive to earlier action by the Board to move the Board's March 18, 2010 meeting to March 25, 2010, Supervisor Clark moved that the public hearings previously set for advertisement at the Board's March 18, 2010 meeting be moved to March 25, 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. // Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.3 of the Code of Virginia concerning discussion of acquisition of real property for public purpose in the Smithfield District where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body; pursuant to Section 2.2- 3711.A.3 regarding consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Carrsville District; pursuant to Section 2.2- 3711.A.1 concerning discussion of a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advise regarding a Consent Order with the Department of Environmental Quality; pursuant to Section 2.2- 3711.A.1 concerning discussion of a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.3 concerning discussion and consideration of the acquisition of real property for a public purpose where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body; pursuant to Section 2.2- 3711.A.5 concerning discussion of a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business or industry's interest in locating or expanding its 23 facilities in the community; pursuant to Section 2.2- 3711.A.6 concerning discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental entity would be adversely affected; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to International Paper; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Volunteer Smithfield Fire Department; and pursuant to Section 2.2- 3711.A.3 concerning discussion and acquisition of real property for a public purpose in the County. Supervisor Clark moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. 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 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. Supervisor Wright moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Casteen, Clark, Hall and Wright NAYS: 0 24 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved that authorization be granted to proceed with filling the existing Project Manager position at a salary of $50,000. 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 County Administrator be authorized to execute a real estate purchase contract with Sentara Obici for the property located on Church Street. 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. I! At 10:50 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Clark, Casteen, Hall and Wright voting in favor of the motion, and no Supervisors voting against the motion. 25 A. Bradshaw, Chairman