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03-15-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTHTEENTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND TWELVE PRESENT: Alan E. Casteen, Chairman (Arrived at 5:17 p.m.) JoAnn W. Hall, Vice - Chairman Rex W. Alphin Byron B. Bailey Delores M. Darden Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk // // Vice - Chairman Hall called the meeting to order at 5:00 p.m. Supervisor Alphin delivered the invocation. The Pledge of Allegiance was conducted. Chairman Casteen called for Approval of the Agenda. County Attorney Popovich requested the following revisions: Under the County Administrator's report, add an Item "E ", Resolution Recognizing this Week as Sunshine Week and an Item "F" concerning the Isle of Wight County Operating Budget Under the General Services report, move Item `B" to immediately following Regional Reports Under New Business, add a discussion regarding a recycling program; discussion concerning assets from the auction of County property; discussion regarding the County Fair; and, discussion regarding the emergency light at the Windsor Volunteer Rescue Squad. Supervisor Alphin moved that the Agenda be adopted, as amended. The motion was adopted by a vote of (4 -0) with Supervisors Darden, Bailey, Hall and Alphin voting in favor of the motion; no Supervisors voting against the motion; and, Chairman Casteen absent for the vote. 1 Chairman Casteen called for Special Presentations /Appearances. A dog currently available for adoption at the County's animal shelter was displayed. Barbara Chappell was presented a resolution adopted by the Board at its February 16, 2012 meeting upon her retirement. Kenneth M. Bunch was presented a resolution adopted by the Board at its November 17, 2011 meeting recognizing and commending his service to the County. Stan D. Clark was presented a resolution adopted by the Board at its January 5, 2012 meeting recognizing and commending his service to the County. Thomas J. Wright, III was presented a resolution adopted by the Board at its January 5, 2012 meeting recognizing and commending his service to the County. Chairman Casteen arrived at the meeting. Cody Ryan, President, Friends of Nike Skate/BMX Park, addressed the Board regarding that group's efforts to raise funds for renovations at Nike Park Skate Park. Mark W. Furlo, Director of Parks and Recreation, advised the Board that funding is being requested from the County from the Friends of Nike Skate/BMX Park to assist with the ramp replacement at Nike Park Skate Park. Connie Rhodes, President of the Chamber of Commerce, introduced Tom Lightfoot, Smithfield Automotive, as the featured small business. Mrs. A. Katrise Perera, Superintendent of Isle of Wight County Public Schools, introduced Pearl Taylor, Supervisor of Food Services, Isle of Wight County Public Schools, who briefed the Board regarding upcoming food service requirements and the School's compliance with Federal and USDA requirements. Chairman Casteen called for consideration of the Consent Agenda. A. Letter of Appreciation/Mr. Jon Pyle, Department of General Services 2 B. Safety and Training Update C. Grant Application/Virginia Office of Emergency Medical Services (OEMS) Rescue Squad Assistance Fund (RSAF) Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate Funds from the Virginia Office of Emergency Medical Services' Rescue Squad Assistance Fund D. Gift of One (1) Surplus Vehicle to the Isle of Wight Volunteer Rescue Squad Resolution of Gift of a 2003 Ford Four Door Sedan to the Isle of Wight Volunteer Rescue Squad for Use in Providing Rescue Services E. Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools F. January 10, 2012 Special Meeting Minutes G. February 16, 2012 Regular Meeting Minutes Chairman Casteen requested the removal of Item (E), Fiscal Year 2011- 12 Monthly Financial Reports for County and Schools for further discussion. Supervisor Alphin moved that Item (E), Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools, be removed from the Consent Agenda and that the remaining items be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved to accept Item (E), Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools, with the direction to staff that a column be added on the right for each line item on the last report. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for Regional Reports. Supervisor Hall reported on the success of the Business Expo recently conducted by the Chamber of Commerce. 3 Supervisor Darden reported that the Hampton Roads Planning District Commission reviewed the Coastal Zone Management Plan and discussed the implementation of a recycling program. She advised that the reason for the Hampton Roads region being removed from the funding list for the Urban Area Security initiative is currently under investigation and that if the Hampton Roads region is not placed back on the list, other funding initiatives will be investigated. Supervisor Darden reported that only routine business had been discussed by the Hampton Roads Military and Federal Facilities Alliance. Supervisor Darden reported that tolls in Hampton Roads and funding for new bridges and tunnels were the topics of discussion at the most recent meeting of the Hampton Roads Planning Organization. She advised that members of the Commonwealth Transportation Board were present at that meeting and had advised that the Route 460 project is moving forward and that there will be tolls on Route 460. She advised that promoting regionalism and the rail from Norfolk to D.C. was also discussed. Chairman Casteen advised that Debra Thurston was elected Chairman of the Social Services Board, replacing Mrs. Odem. I Supervisor Hall reported that the Western Tidewater Regional Jail Authority had discussed the budget and other routine matters. Chairman Casteen called for discussion on the Isle of Wight Rescue Squad's proposed location on Great Springs Road. Mr. Bruce Bruchey, Powell Management Associates, addressed the issue of time /cost impacts associated with the building of a new building for the Isle of Wight Rescue Squad facility versus the County utilizing the plans developed for the Smithfield Volunteer Fire Department facility. His conclusion was that the funds and time previously invested by the County in the development of plans used for the Smithfield Volunteer Fire Department facility could save the County more than $430,000 and cut ten (10) months off the project time. He reported that the Department of Emergency Services and the Isle of Wight Rescue Squad have confirmed that the Smithfield Volunteer Fire Department building is large enough and will fit on the Great Spring Road property. Supervisor Bailey spoke in favor of building the proposed Isle of Wight Rescue Squad facility on the Great Springs Road property. He stated that he did not believe the property adjacent to the Smithfield Volunteer Fire Department will be adequate in size. 11 Brian Carroll, President, Isle of Wight Volunteer Rescue Squad, confirmed that the Great Springs Road property is a suitable location for the proposed Isle of Wight Rescue Squad facility. He advised that while the Rescue Squad is willing to discuss the architectural look of the facility, it is not willing to discuss space needs as it is currently running 2,200 to 2,400 calls annually and personnel is currently having to sleep on couches due to a lack of space. He noted his approval of building the same building as the Smithfield Volunteer Fire Department in order to save time and he requested the Board to take action tonight to move forward with the Great Springs Road facility if a resolution with VDOT can not be reached within the next 30 -45 days. Chairman Casteen noted that the Town of Smithfield wishes to provide additional input. Mr. Bruchey advised that the Great Springs Road property will need a septic tank, a well, water system and domestic water system. He further advised that the Smithfield Volunteer Fire Department building has fire suppression sprinklers and, to accommodate fire suppression sprinklers on a well -fed system, a storage tank and fire pump is necessary. He stated the VDOT mandated improvements are uncertain at Great Springs Road and there is a $1.2 million dollar difference between the budget for the Isle of Wight Rescue Squad facility and the actual cost of the Smithfield Volunteer Fire Department. He advised that $700,000 of that $1.2 million are site specific things related to utilities that are not on that site on Great Springs Road. In response to Supervisor Bailey's suggested a motion that if the VDOT property is not available in the next 30 days, the Board will move forward, Mr. Wrightson shared with the Board that he has been trying for the past two (2) years to obtain a Temporary Use Permit to use the property adjacent to the Smithfield Volunteer Fire Department. He advised that the Commonwealth Transportation Board approved the request four (4) months ago, but he still does not have the permit to use the property. Mr. Carroll referred to an email received from Dennis Huer, VDOT, advising that the property had been originally acquired by VDOT as part of the Route 10 Bypass project and that it would remain VDOT property for use in future expansion of the Bypass at some later date in time. He stated VDOT has previously been approached regarding the use of the property for overflow parking for special events and that the use may be granted by permit if access is limited to the existing facility parking area. He stated that no use of the property will be permitted for access onto either Business Route 10 or the Route 10 Bypass. Supervisor Hall inquired about funding for the project. 5 Mr. Robertson advised that of the $1.7 million dollar bond issued, $500,000 was transferred to the Smithfield Volunteer Fire Department project and that $450,000 also needs to be deducted to pay for the property, leaving $750,000, plus $2 million. Supervisor Darden moved, but no vote was taken, that the Board hold a special called meeting on Monday, March 29, 2012, at 4:00 p.m. in the Robert C. Claud, Sr. Board Room to discuss the rescue squad building with the Smithfield Town Council. Supervisor Darden amended the date for the Board to meet on March 295 2012. It was noted that the Smithfield Intergovernmental Relations Committee meeting is March 19, 2012 and the Board would vote on the issue at the special budget meeting on March 29, 2012. Following a suggestion from County Attorney Popovich, Supervisor Darden withdrew her motion because the original Smithfield Intergovernmental Relations Committee has already been called (other than location) and the Board will be discussing the March 29, 2012 date later in the meeting when it discusses the budget and discussion of the budget can be incorporated along with the Isle of Wight Volunteer Rescue Squad building. Chairman Casteen declared a break until 7:00 p.m. // At 7:00 p.m., the Board reconvened and Chairman Casteen called for a public hearing on the following: Divestment of County Property to American K -9 County Attorney Popovich advised that the public hearing is pursuant to American K -9 Interdiction's request to purchase property owned by the County adjacent to their property. He advised that he has prepared a Special Warranty Deed conveying the property "as is" so that the County can not be held responsible for any environmental damage that may have been done to the property prior to the County's ownership. He advised that the matter has been properly advertised for public hearing. Chairman Casteen called for persons to speak in favor of or in opposition to the matter. Herb DeGroft, 15411 Mill Swamp Road, spoke in favor of the Board selling this property to American K -9. Albert Burckard of Carrollton spoke in favor of the property being sold to American K -9. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the Chairman be authorized to sign the Special Warranty Deed. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: Consideration of Granting Community Electric an Easement on Isle of Wight County property shown as Tax Map Parcel 45A -01 -02 County Attorney Popovich advised that Community Electric desires a right -of -way easement for the purpose of running conduit along the corner of the County's property. He advised that the matter has been properly advertised. Chairman Casteen called for persons to speak in favor of or in opposition to the matter. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Responsive to Supervisor Alphin, Arthur Forreste, Community Electric Cooperative, advised that it will not be apparent that conduit has been buried at that location. Supervisor Bailey moved that the easement be granted. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 7. Fire Protection. Article III. Fire Prevention. Section 7 -14. Permissible Open Burning County Attorney Popovich advised that the proposed ordinance amendment has been properly advertised. 7 Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Hall moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE CHAPTER 7. FIRE PROTECTION. ARTICLE III. FIRE PREVENTION. SECTION 7 -14. PERMISSIBLE OPEN BURNING. WI- AREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted a fire prevention ordinance in accordance with Section 27- 98 of the Code of Virginia (1950, as amended); and WHEREAS, based upon recommendations made by the Chief of Emergency Services and Codes Enforcement Officer one minor revision to the County's Fire Prevention Ordinance would remove some uncertainly from the currently adopted ordinance; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 7. Fire Protection. Article III. Fire Prevention. Section 7 -14 of the Isle of Wight County Code be amended and reenacted as follows: Sec. 7 -14. - Permissible open burning. (a) Open burning is permitted outside of the DSDs on -site for the destruction of leaves, tree, yard and garden trimmings, originally grown on the premises of private property by the residents of such property, provided that the burning takes place on the premises of the private property and there is no regularly scheduled public or private collection service for such trimmings available at the adjacent street or public road. (b) Open burning is permitted within the DSDs on -site for the destruction of leaves and tree, yard and garden trimmings located on the premises of private property by the residents of such property, provided that the following conditions are met: (1) The burning takes place on the premises of the private property; (2) The location of the burning is not less than three hundred feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and (3) No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road. (c) Open burning is permitted within the DSDs on -site for destruction of debris waste resulting from the development or modification of roads and highways by or authorized by the Virginia Department of Transportation, railroad tracks, pipelines, power and communication lines, sanitary landfills, or from other public clearing operations that may be approved by the Isle of Wight County Board of Supervisors, provided that the following conditions are met: (1) All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the Isle of Wight County Director of Emergency Services; (2) The material to be burned shall consist of brush stumps and similar debris waste and shall not include demolition material; (3) The burning shall be at least three hundred feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; (4) The burning shall be conducted at the greatest distance practicable from highways and air fields; (5) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced; (6) The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and (7) The burning shall be conducted only when the prevailing winds are away from any city, town or built -up area. (d) Sections 7 -14(c) notwithstanding, no owner or other person shall cause or permit such open burning during the months of May, June, July, August, or September. (10- 2 -08.) The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H 6 Chairman Casteen moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for Transportation Matters. Eddie P. Wrightson, Director of General Services, presented a Resolution of the Board of Supervisors of Isle of Wight County Requesting the Virginia Department of Transportation to Improve the Intersection of Courthouse Highway (Route 258) and Scotts Factory/Four Square Road (Route 620) for the Board's consideration. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO IMPROVE THE INTERSECTION OF COURTHOUSE HIGHWAY (ROUTE 258) AND SCOTTS FACTORY/FOUR SQUARE ROAD (ROUTE 620) WHEREAS, improving the safety and efficiency of the County's primary roadways is a shared goal of the County and the State for the economic growth and general well -being of the residents of Isle of Wight County; and WHEREAS, several safety concerns and mitigating recommendations were identified at this location in the Roadway Safety Assessment completed by Kimley -Horn and Associates, Inc. on March 29, 2010; and WI- AREAS, VDOT has revised the previous scope of work on UPC #58297, as requested, and developed a draft plan to implement those recommendations; and WHEREAS, funds are available to proceed with the improvements without additional budgetary impact to the County; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests that VDOT proceed with design and implementation of the plan to add north and southbound left turn lanes and improve north and southbound right turn lanes on Route 258, as well as additional minor improvements necessary to the east and westbound travel lanes on Route 620. BE IT FURTHER RESOVLED, the Board of Supervisors authorizes County Staff to pursue securing additional outside funding to complete the proj ect. 10 BE IT FURTHER RESOLVED, the Board of Supervisors authorizes the County Administrator to execute such applications, agreements, contracts, and documents as are necessary to obtain additional outside funding to complete the project. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Citizens Comments. Albert Burckard of Titus Point Lane in Carrollton spoke in support of the County building the engine bay addition onto the Smithfield Volunteer Fire Department. He cited improved response and dispatch time by combining the stations. // Chairman Casteen called for Board comments. Supervisor Bailey responded to Mr. Burckard's comments (above) stating that both facilities will be used for both uses when the Isle of Wight Rescue Squad facility is built. Chairman Casteen called for the County Attorney's report. County Attorney Popovich apprised the Board regarding the three (3) changes to the a sales contract with American K -9 Interdiction, LLC, as follows: 1.) Addition of a contingency that requires Board approval; (2.) removal of language relative to the County warranty against hazardous waste on the property; and, (3.) American K -9 agrees to convey to the County, at no cost, a parcel of land containing one (1) acre on the southern portion of their property next to the convenience center with the right to purchase an additional acre if the County desires. Supervisor Bailey moved that the Board authorize the Chairman to execute the contract on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich advised that he had two (2) matters to discuss with the Board later during the closed meeting. // 11 Chairman Casteen called for the Parks and Recreation report. Mark Furlo, Director of Parks and Recreation, advised the Board regarding an anticipated $15,000 shortfall resulting from rising fuel costs and aging of fleet vehicles. He advised that a significant portion of the budget has been expended on major repairs and no mowers or major equipment has been replaced in the last two (2) years. He advised that staff took the oldest mower in for an estimate on repairs and was advised against having any made on this piece of equipment due to its age and the number of hours on it. He advised that staff has been working with the Isle of Wight Amateur Athletics regarding funding of skate park improvements at Nike Park and there is $20,000 appropriated in this fiscal year's Operating Budget for the replacement of the skate park ramp. He advised that the Isle of Wight Amateur Athletics has verbally committed to donating $150,000 for improvements at the Skate/BMX Park on the condition that the County appropriates $40,000 towards the project. He advised that this would be combined with the funds from the Friends of the Skate Park group of $7,000 to $10,000 and that staff would seek competitive grants for the project from the Tony Hawk Foundation and the Rob Dyrdek Foundation. He advised that amenities at Nike Park were recently prioritized placing the Skate/BMX Park as second. He advised that due to the scale of this project, he recommends that it be placed in the CIP and the County's share of $40,000 come from bonds, allowing the Department to reallocate $40,000 towards fuel and the replacement mower. He advised that the skate park project and the request for additional funds for the mower and fuel have been endorsed by the Parks and Recreation Committee. Supervisor Hall moved to appropriate an additional $8,000. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo presented a Resolution to Authorize Submission of Application for a Land and Water Conservation Fund Grant for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE SUBMISSION OF APPLICATION FOR A LAND AND WATER CONSERVATION FUND GRANT WHEREAS, under the provisions of Land and Water Conservation Fund, federal funding assistance is requested to aid in financing the cost of land acquisition and /or facility development; and 12 WHEREAS, the Isle of Wight County Board of Supervisors considers it in the best public interest to complete the development project described in the application; NOW, THEREFORE, BE IT RESOLVED that: 1. The County Administrator be authorized to make formal application to DCR for funding assistance; 2. Any fund assistance received be used for implementation and completion of Nike Park Skate Park within the specified time frame; 3. The Isle of Wight County Board of Supervisors hereby certifies that project funding is currently available and is committed for this project; 4. We are aware that the grant, if approved by the National Park Service, will be paid on a reimbursement basis. This means we may only request payment after eligible and allowable costs have already been paid to our vendors and evidence of such has been provided to DCR in the format required. 5. We acknowledge that any property acquired and /or developed with financial aid from the Land & Water Conservation Fund must be placed in use and be retained in perpetuity as a public outdoor recreation area in accordance with the provisions and requirements of the Land & Water Conservation Fund Act of 1965, as amended; 6. We acknowledge that on any property acquired with grant funds received from the Land & Water Conservation Fund, no non - recreational uses may be made of the property without undergoing a conversion of use process and obtaining approval from the Department of Conservation and Recreation and the U.S. Department of Interior/National Park Service; 7. We acknowledge that we are responsible for compliance with the National Environmental Policy Act, Endangered Species Act, Historic Preservation Act and all other applicable state and federal laws; 8. We acknowledge that appropriate opportunity for public comment will be provided on this application and evidence of such is a required component for approval. 9. This resolution becomes part of a formal application to the Virginia Department of Conservation & Recreation. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 13 Mr. Furlo requested authorization to hire a Parks and Grounds Attendant. Supervisor Darden moved to approve the Parks and Grounds Attendant position. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for the General Services report. Mr. Wrightson presented a request from St. Luke's Church for a new and separate County account for irrigation at no charge to St. Luke's and that it receive water at no charge for usage of 10,000 to 20,000 gallons per month. He advised that staff has offered to transfer an existing dormant water account from the former Yeoman house to this area, but a new waterline tap will be required. He advised that St. Luke's Church has been advised that transferring the account would preclude it from paying a new water connection charge, but that it would need to pay the County's cost to install the new tap at an estimated cost of $4,000. He advised that the connection charge is anticipated to be $7,850 for a 5/8 commercial meter tap and $12,600 for a 1" commercial meter tap. John Edwards spoke on behalf of St. Lukes and requested approval of the Church's request. Supervisor Bailey moved to approve the water tap and water for St. Luke's Church. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for the Economic Development report. Lisa T. Perry, Director of Economic Development, briefed the Board regarding the Green Mountain Coffee Roasters project. She advised that 50 new employees have been hired to date. She advised that she has emailed a spreadsheet outlining the net new tax revenues to be generated over the initial ten (10) years of the project. She advised that the Virginia Economic Development Partnership is currently developing an Economic Impact study focused on the International Paper Mill closure which includes the positive impacts of the net new investment and job creation by the International Paper fluff plant and the Green Mountain project. She advised that she will be presenting the results of that study to the Board at its April 19th meeting. 14 Chairman Casteen called for the County Administrator's report. County Administrator Caskey presented a request to immediately fill the vacant part-time Human Resources Assistant position in the Human Resources Department. Supervisor Bailey moved that the request to fill the part-time position be approved. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Sheriff Marshall presented a request to fill the recently vacated position of the Emergency Communications Center Manager. Supervisor Hall moved that the request be approved and that any vacant Dispatch positions which come open be exempted from the 90 -day requirement. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the 90 -day requirement for vacant positions be waived and the request to fill the vacant Animal Control position be approved. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson addressed the Board regarding paperless agendas and advised that he is in communications with the Director of Information Technology with regard to the Board proceeding with paperless agendas at its April 19, 2012 meeting. At the direction of the Board, the Clerk is to provide a hard copy of the agenda to the Board during the trial basis, along with any appropriate hardware with a hard copy available in the event of a power shortage. Mr. Robertson advised the Board that the General Assembly has concluded its regular session, but did not adopt a budget. He advised that he will be providing the Board with a summation of adopted legislation expected to impact the County at its April 19, 2012 meeting. He advised the Board regarding a proposed change to VRS which will require the County to provide a 5% increase to its employees who will then provide that increase as their contribution to VRS. He advised that the Governor's office is trying to phase this legislation in over time, such as I% over a five (5) year period. County Administrator Caskey presented a Resolution Recognizing this Week as Sunshine Week for the Board's consideration. 15 Chairman Casteen moved that the following Resolution be adopted: RESOLUTION TO DESIGNATE MARCH 11 -17, 2012 AS SUNSHINE WEEK WHEREAS, Sunshine Week is a national initiative to open a dialogue about the importance of open government and freedom of information; and, WHEREAS, Sunshine Week grew out of Florida's "Sunshine Sunday" in 2002 in response to efforts by some Florida legislators to create scores of new exemptions to the state's public records law; and, WHEREAS, Sunshine Week is intended to increase public awareness and discourage the creation of an environment of excessive and unwarranted government secrecy; and, WHEREAS, Sunshine Week is about the public's right to know what its government is doing and why, and seeks to enlighten and empower people to play an active role in their government at all levels, and give them access to information that makes their lives better and their communities stronger. NOW THEREFORE BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that March 11 - 17, 2012 be designated as Sunshine Week in Isle of Wight County. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Isle of Wight County FY2012/13 Operating Budget Michael W. Terry, Director of Budget and Finance, distributed budget information to the Board in preparation for its March 291h meeting, which included a preliminary draft of the FY2013 Operating Budget representing a flat budget for all departments and agencies and representing no change in the County's tax rate which is based on the County's current year revenue. He advised that feedback from the Board will be solicited with respect to funding for debt payment increases in the amount of $1.2 million; a $7.5 million balloon payment; funding to comply with unfunded mandates in the approximate amount of $500,000; and, $30,000 related to an increase for the Line -of -Duty Act. He advised that the reassessment is currently underway and is not expected to be complete until after the Operating Budget is adopted. Supervisor Alphin moved that the Board conduct a work session on March 29, 2012 at 4:00 p.m. on the County's Operating Budget. The motion 16 was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that the Board also conduct a budget work session on April 5, 2012 at 4:00 p.m. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Appointments. No appointments were offered by the Board. Chairman Casteen called for Old Business. Regarding the issue of water system connection charges, Frank Haltom, Assistant Director of General Services, addressed the Board regarding its approval at its January 19, 2012 meeting to assess a $215 connection charge for new County water customers in the Ashby, Brewers Creek, Edgewood, Quail Meadows and Cedar Grove subdivisions in order to recover the County's costs for work related to such residential connection. He advised that those individuals had been previously hooked up to their individual well systems and the fee charged to hook their water system to the County's was equally distributed among the customers, per system. Supervisor Bailey advised that those customers are unhappy because they were already hooked up to a water system and some of them had already paid a connection fee for water. He stated they were happy with the water they were getting and they had back -up generators and fire hydrants to rely upon in the event of an emergency. Supervisor Bailey recommended that water customers of those systems being discussed today receive a credit in the future when the water system becomes profitable. County Attorney Popovich advised that tracking these individuals in the future will be difficult for staff. Mr. Wrightson advised that it is normally ten (10) years before a system becomes profitable. Mr. Haltom expressed concern with the setting of a precedent. He stated those customers had received an improved service from the County. He advised many customers had contacted him in the past requesting the 17 County to take over those systems and who were willing to pay the tap fee because they were without water for over a week during a hurricane and at certain times the owner was not able to provide a generator. He advised that most of the existing fire hydrants were not operational prior to the County taking over the water system. Supervisor Bailey moved that the Board defer any credits to people who have water and have paid tap fees until the County's water systems begin to be profitable and it will be readjusted at that time. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey brought up the issue of County -owned properties which could be sold with the Board. Supervisor Alphin moved that the matter be deferred to staff and the Building, Grounds and Transportation Committee for a recommendation of properties to be considered for sale by the Board. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Regarding St. Luke's Church's water request, Supervisor Hall commented that the County has never provided water free to anyone. She recommended instead of providing free water that a contribution be given to St. Luke's Church to cover the cost of their water, eliminating the possibility of setting a precedent. She stated the Director of General Services needs perimeters with respect to how long and how much water the County is going to provide to St. Luke's Church. County Attorney Popovich referred to the letter request from St. Luke's Church requesting a specific amount of 10,000 to 20,000 gallons per month. Supervisor Bailey moved if St. Luke's Church exceeds 20,000 gallons of water per month in usage, staff is to bring this to the attention of the Board and the Board will address the matter with St. Luke's Church at that time. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for New Business. Supervisor Alphin advised the Board regarding a Carrsville citizen's suggestion that the County take the savings realized from its recycling program and designate those funds to the Sheriff for the purchase of a vehicle. He requested that this matter be revisited at a future meeting. IC] Supervisor Alphin advised that a recent machinery auction realized $30,000+ in revenues for the County. He recommended that those revenues also be used towards the purchase of a vehicle for the Sheriff's Department. Supervisor Alphin notified the Board about damage that occurred to a volunteer's personal truck while attempting to pull a tractor out that was stuck at the County Fair site. County Attorney Popovich requested an invoice illustrating the damage be provided to staff. Mr. Furlo advised that the County does have an arrangement with Hardy's Towing Company, as part of its sponsorship, for services to be rendered during the Fair event. Supervisor Alphin commented that volunteers assist with land clearing efforts which save the County thousands of dollars. Supervisor Bailey moved to pay the invoice in the amount of $700 +. The motion was adopted by a vote of (3 -2) with Supervisors Bailey, Alphin and Casteen voting in favor of the motion and Supervisors Darden and Hall voting against the motion. Supervisor Bailey requested County Attorney Popovich to research and determine if there is any stronger language that can be incorporated in the County's ordinance with respect to the tethering of animals and to place this item in the Consent Agenda for the Board's April 19, 2012 meeting. Responsive to Supervisor Darden, the consensus of the Board was for Chairman Casteen and Supervisor Hall to refer the concern that the Windsor Volunteer Fire Department is not hitting the switch to turn on the red light to the Volunteer Fire and Rescue Organization. H County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Freedom of Information Act pertaining to a personnel matter pertaining to a specific public official and pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation. Supervisor Hall moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 19 Supervisor Darden moved that the Board return to open meeting. The motion was adopted by a vote of (4 -0) with Supervisors Darden, Hall, Alphin and Casteen voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bailey absent for the vote. Supervisor Darden 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- 3712.1) 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: Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: Bailey ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. At 9:30 p.m., Chairman Casteen declared the meeting adjourned. I� Carey ills Storm, Clerk 20 Alan E. Casteen, Chairman