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05-06-2010 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF MAY IN THE YEAR TWO THOUSAND AND TEN PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice- Chairman Al Casteen Stan D. Clark (Arrived at 5:05 p.m.) JoAnn W. Hall Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Ashton Howell called the meeting to order at 5:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. 1/ Chairman Bradshaw called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney's Report, add authorization for a refund of tap fees to Sasser Construction in the amount of $8,030.00; under the County Attorney's Report, add authorization to advertise an Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Chapter 9.1 Libraries for public hearing on May 27, 2010; under the County Attorney's Report, add authorization to execute a Virginia Outdoors Foundation Baseline Documentation Report Acknowledgment Form; under County Attorney's Report, add authorization to execute Funding Contribution Request to The Honorable Paul D. Fraim, Mayor, City of Norfolk; under County Attorney's Report, add one (1) closed meeting item; under Special Presentations, remove the presentation by Sheriff C. W. Phelps; and under Old Business, add one (1) item, per Supervisor Wright. Supervisor Wright moved that the agenda be adopted, 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. /1 1 Chairman Bradshaw called for Special Presentations /Appearances. Chief Sullivan displayed a dog which was available for adoption at the Isle of Wight County Animal Shelter. He advised that there will be an open house at the Shelter on May 15, 2010 at noon. Ms. Reuben Johns, Coordinator of Instruction, briefed the Board regarding the School's Career and Technical Education Program and associated performance standards. Supervisor Clark moved that the agenda be amended when Mr. Hardison arrives at the meeting so that he may conduct his presentation regarding the Southeastern Public Service 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. 1/ Chairman Bradshaw called for consideration of the Consent Agenda. A. Retirement of MacFarland Neblett Resolution of Appreciation to MacFarland Neblett on the Occasion of his Retirement B. Application for Grant Funds — Virginia Department of Criminal Justice Services Victim Witness Assistance Grant Programs Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services C. Resolution to Authorize Demolition of the Unsafe Residential Structure Located at 14154 Bartlett Circle in the Booker T. Estates Subdivision (Tax I.D. #33A -01 -031) D. Delinquent Tax Collection Report Supervisor Wright moved that 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. // Chairman Bradshaw called for Regional Reports. 2 Chairman Bradshaw reported that information distributed at the most recent Hampton Roads Economic Development Alliance meeting will be distributed to the Board. Supervisor Clark reported that the Hampton Roads Metropolitan Planning Organization had received an update on high -speed rail developments and discussed other routine matters. Supervisor Clark reported that members of the Hampton Roads Military and Federal Facilities Alliance are still finding their way with respect to meshing in with other area organizations with respect to existing Federal facilities and how aggressive to be in future BRAC negotiations and other changes occurring with the military. Chairman Bradshaw reported on the success of the Hampton Roads Partnership regional meeting, which had been well attended. Supervisor Clark reported that only routine matters had been discussed at the most recent Hampton Roads Planning District Commission meeting. County Administrator Caskey reported that discussion at the most recent meeting of the Mayors and Chairs Caucus centered on future impacts resulting from the General Assembly. He advised there was also discussion regarding some of the most recent actions taken by the Governor's office. Supervisor Casteen reported that the South Hampton Roads Resource Conservation and Development Council had recently successfully hosted a State -wide meeting. Supervisor Wright reported that an update on light rail had been provided at the Southside Mayors and Chairs meeting, which will be operational in 2011. Chairman Bradshaw reported that the VACo Board of Directors had held a meeting and attended a dinner hosted by Supervisor Wright and his wife. Chairman Bradshaw reported that he and Supervisor Wright had met with the Governor regarding the recognition of the 40 anniversary of the scenic riverways in Virginia. // Chairman Bradshaw called for Transportation Matters. Eddie P. Wrightson, Director of General Services, requested the Board's authorization to advertise the proposed Virginia Department of 3 Transportation (VDOT) FY2011 -2016 Secondary Six -Year Improvement Program (SSYIP) and approve the proposed Secondary System allocation of State funds for roads in the County for FY2011 -12 of $83,022. He advised that Halltown and Ballard Roads have been added to the Six -Year Plan and that Poor House Road had been moved up in the Plan. Responsive to Chairman Bradshaw, Mr. Wrightson advised that any left over project funds can be allocated to unpaved roads in the County in the form of a resolution adopted by the Board. Supervisor Wright moved to approve the allocation of funds for FY2011 and authorize the County Attorney to advertise the VDOT FY2011- 2016 SSYIP for public hearing at the Board's June 17, 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. // Theodore Hardison, the County's representative on the Southeastern Public Service Authority Board of Directors, advised that the sale of the Waste -to- Energy Plant in Portsmouth has been completed in the amount of $150 million dollars. He advised that $2.5 million will be held in escrow until arbitration is complete as a result of Wheelabrator contesting the value of repairs. He advised that the sale of the power plant and financial backing of local governments has resulted in its Senior Lien Debt rating being changed from negative to stable by Moody's. He expressed concern with SPSA's Five (5) Year Strategic Plan and supporting Capital Budget. He recommended that the tipping fee remain the same and that SPSA be directed to develop a significant cost reduction in the tipping fee. // Chairman Bradshaw called for Citizens Comments. No one appeared and spoke. Chairman Bradshaw called for Board comments. Supervisor Clark reported that the Board had met jointly with the Planning Commission on May 5, 2010 at The Smithfield Center to discuss ways in which developments already approved by the Board could be jump started. He advised that he had made a motion at that meeting, which was unanimously approved, to task staff with developing a draft revised Proffer Policy focused on financial and regulatory flexibility using Community Development Authorities' tax increment financing to maximize the use of the 4 County's low real estate tax rate with the goal being to jump start the four (4) large mixed -use developments in the northern end of the County and to achieve long -term value added real estate tax revenues from value added infrastructure and development structures. Chairman Bradshaw reported that there had been a groundbreaking ceremony on May 5, 2010 for the construction of the new Smithfield Volunteer Fire Department. Chairman Bradshaw advised that the County had received a plaque from the Department of Conservation and Recreation (DCR) responsive to the Blackwater River property recently acquired by the County. He advised that staff is working with the DCR and the State Forestry Department with respect to easements. 1/ Chairman Bradshaw called for the County Attorney's report. Interim County Attorney Burton requested the Board's authorization for the Chairman to execute an Amendment to the Statement of Agreement with the Virginia Department of Health. Supervisor Clark moved that the Chairman be authorized to execute the Amendment to the Statement of Agreement with the Virginia Department of Health and the Board for the operation of the Isle of Wight County Health Department for the period July 1, 2009 to June 30, 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 authorization to refund tap fees in the amount of $8,030 to Sasser Construction. Supervisor Clark moved that the County Attorney be authorized to refund tap fees in the amount of $8,030.00 to Sasser Construction. 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 the Board's authorization to advertise an Ordinance to Amend and Reenact the Isle of Wight County Cody by Enacting Chapter 9.1 Libraries. Supervisor Wright moved that the County Attorney's office be authorized to advertise the ordinance amendment for public hearing at the Board's meeting of May 27, 2010. The motion was adopted by a vote of (5- 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 requested the Board's authorization to execute a Virginia Outdoors Foundation Baseline Documentation Report Acknowledgment Form. Supervisor Clark moved that the Board authorize the County Attorney to execute a Virginia Outdoors Foundation Baseline Documentation Report Acknowledgement Form. 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 execute the funding contribution request to the Honorable Paul D. Fraim, Mayor of Norfolk. Supervisor Wright moved that the Chairman be authorized to execute the funding contribution request to the Honorable Paul D. Fraim, Mayor of the City of Norfolk. 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 three (3) items to discuss with the Board later during the closed meeting. 1/ Chairman Bradshaw called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, presented a proposed Department of Parks and Recreation Strategic Plan for the Board's consideration. Supervisor Wright moved that the Strategic Plan for the Department of Parks and Recreation be adopted. 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 stated responsive to the Board's previous action to staff to investigate privatization of County and School grounds maintenance by geographical zones, staff did advertise for bids on County and School property grounds maintenance, which resulted in an increased estimated spending of $32,281.70 annually. He advised that staff would like to revise the request and purchase two (2) zero turn mowers at a cost of $19, 120, resulting in a savings of $29,940 from the original request. 6 Supervisor Wright moved that County Administrator Caskey be directed to meet with Dr. McPherson and notify the School Board that the County is interested in sharing lawn care services. 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 staff be directed to reject the bids; continue with the maintenance of grounds; and adopt the following Resolution: RESOLUTION TO APPROVE A CONTRACT FOR CAPITAL EQUIPMENT WHEREAS, The 2009/10 - Capital Budget includes $19,120 for two (2) Zero Turn Mowers for the Parks and Recreation Department; and, WHEREAS, the bids have been solicited, received, and an apparent low bid identified in the amount of $19,120. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that, pending review and approval by the County Attorney, a contract may be entered into between the County and the low bidder at the amount of the bid. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to prepare such documentation as is necessary and to give this resolution effect. 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 General Services report. Frank Haltom, Assistant Director of General Services, addressed the Board regarding the repair of a sanitary sewer project in Eagle Harbor. He advised that the firm of Malcolm Pirnie, Inc. has determined the cause to be a sewer slope which did not meet the minimum standards and had resulted in a build up of grease on the pipe walls and the replacement of 475 linear feet of sewer pipe. He advised that staff had been directed to review options of holding the developer responsible for defective engineering design and/or construction deficiencies for County owned and operated utilities and that staff had discussed the course of action with the County Attorney's office with respect to holding the design professional or the construction contractor accountable. He advised that the County's ordinance does provide for the 7 industry standard and the County has the burden of proof for any deficiency discovered beyond the term of the maintenance bond. He advised that included in the agenda are more stringent regulations for the Board's consideration. Supervisor Clark moved that the County Attorney address the Board during a future closed meeting regarding the County's options of legal action against whoever conducted the original work; who performed the certification; and, what needs to be done to ensure that this does not happen again 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. Mr. Wrightson, pursuant to the Board's direction at its April 26, 2010 meeting, presented a proposal to increase water and sewer utility rates for the Board's consideration. Supervisor Clark moved that the County Attorney be authorized to advertise the change in rates for public hearing at the Board's June 17, 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. II Chairman Bradshaw called for the Economic Development report. Lisa T. Perry, Director of Economic Development, presented a Resolution to Proclaim May 16 -22, 2010 as Business Appreciation Week for the Board's consideration. Supervisor Hall moved that the following Resolution be adopted: RESOLUTION TO PROCLAIM MAY 16 -22, 2010 BUSINESS APPRECIATION WEEK WHEREAS, Governor Robert F. McDonnell has recognized May 16- 22, 2010 as BUSINESS APPRECIATION WEEK in the COMMONWEALTH OF VIRGINIA, and called this observance to the attention of all citizens; and, WHEREAS, Virginia and its localities recognize that jobs and investment follow private businesses that seize opportunities to expand markets, develop new products, and invest in equipment that improves productivity; and 8 WHEREAS, the citizens of the County of Isle of Wight benefit from the jobs and investment that business creation, growth and expansion provide; and WHEREAS, the County of Isle of Wight has joined the Commonwealth in developing a business climate of opportunity to encourage entrepreneurial risk - taking, investment, and job growth; and WHEREAS, businesses in the County of Isle of Wight play a significant role in growing the economy of the Commonwealth when they assume market risks to reap the rewards of pursuing opportunity; and WHEREAS, Business Appreciation Week increases public awareness of the valuable contributions that businesses make throughout our community. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of May 16 -22, 2010 be designated as Business Appreciation Week. 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. She advised that staff will be conducting an entrepreneur express program in conjunction with the Chamber of Commerce during volunteer week and will be returning to the Board at its May 27, 2010 meeting to introduce the entrepreneur of the year to the Board. // Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented a request from Judge Delk to name the Circuit Courtroom in the Young -Laine Courts Building in honor of former Judge George F. Whitley, Jr. Supervisor Clark moved that the request from Judge Delk to name the Circuit Courtroom in honor of former Judge George F. Whitley, Jr. 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. Donald T. Robertson, Director of Information Resources and Legislative Affairs, requested that the matter of the Hazard Mitigation Grant Program be deferred as there has been a change in its status. 9 Supervisor Clark moved that the matter be deferred until returned to the Board by staff. 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. Chairman Bradshaw moved that Thomas J. Wright, III be reappointed to serve on the Western Tidewater Regional Water 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. Chairman Bradshaw moved that W. Douglas Caskey be reappointed to serve on the Western Tidewater Regional Water 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. Chairman Bradshaw moved that Stan D. Clark be reappointed to serve on the Western Tidewater Regional Water 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. Chairman Bradshaw moved that Mark C. Popovich be reappointed to serve on the Western Tidewater Regional Water 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. // Chairman Bradshaw called for Old Business. A. Proposed FY2010 -11 General Operating and Capital Budget/ Isle of Wight County Schools' FY -11 Budget Ron D. Reck, Director of Budget and Finance, presented the proposed FY2010 -11 General Operating and Capital Budget and Isle of Wight County Schools' FY -2011 Budget for the Board's consideration. The consensus of the Board was that the County Administrator be authorized to make adjustments in compensation to those positions that are/will be combined into one (1). 10 Supervisor Wright moved that the local funding to schools be reduced by $651,000; that the Personal Property Tax be increased $.10; and, that $158,000 be used from the Undesignated Fund Balance. The motion was defeated (2 -3) with Supervisors Clark and Wright in favor of the motion and Supervisors Bradshaw, Casteen and Hall voting in opposition to the motion. Supervisor Hall moved to raise the Personal Property Tax rate by $.10; use $100,000 of the $329,000 in revenue to reduce the cuts in school funding from $651,000 to $551,000; and use the remaining $290,000 to reduce the amount proposed to be taken from the Undesignated Fund Balance. The motion was adopted (3 -2) with Supervisors Bradshaw, Casteen and Hall in favor and Supervisors Clark and Wright voting in opposition. Responsive to a recent meeting with the Nature Conservancy and the Virginia Department of Forestry, Supervisor Wright moved that staff be directed to draft a letter to both parties stating that 350 acres of prime soils will be designated for Long Leaf Pine with a natural easement and all remaining property with the Virginia Department of Forestry. 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. There was no new business offered for discussion. /! Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act concerning consultation with legal counsel concerning the provision of legal advice pertaining to the Southeastern Public Service Authority and under Section 2.2- 3711.A.1 concerning two (2) personnel matters pertaining to a specific public official. 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 Wright 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. 11 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 22- 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 There was no action taken following the closed meeting. // At 9:00 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. dip A. Bradshaw, Chairman Carey Mi "s Storm, Clerk 12