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04-19-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND TWELVE PRESENT: Alan E. Casteen, Chairman 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 Chairman Casteen called the meeting to order at 5:00 p.m. and delivered the invocation. // The Pledge of Allegiance was conducted. Chairman Casteen called for Approval of the Agenda. County Attorney Popovich requested the following revisions to the agenda: Under the County Attorney's report, add one (1) closed meeting item; under the County Attorney's report, add consideration of a request from the Commissioner of Revenue for a refund in the amount of $2,639.00 to Woodie H. Bell for tax years 2011 -2012, 2010 -2011, 2009 -2010 and 2008- 2009 due to the encroachment of a single- family dwelling, thereby lowering the value of the lot; Under the Consent Agenda, add consideration of a Resolution in Support of Naval Air Station OCEANA as the East Coast Master Jet Base; under the Parks and Recreation report, add the addition of a Board report entitled "Sale of Timber and Clearing and Grading at Heritage Park" and consideration of a Resolution to Accept Funds from the Sale of Timber at Heritage Park and Appropriate Funds for Clearing and Grading Work at Heritage Park; and, under Special Presentations, remove the Small Business Close Up segment. Supervisor Alphin moved that the Agenda be approved, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for Special Presentations /Appearances. A dog currently available for adoption at the County's animal shelter was displayed. Nell J. Cyr was recognized upon her retirement. Chairman Casteen moved that the following Resolution be adopted: RESOLUTION OF APPRECIATION FOR NELL J. CYR ON THE OCCASION OF HER RETIREMENT WHEREAS, Nell J. Cyr began her career with the Isle of Wight County Department of Social Services in September, 1971 as a Clerk Typist; and, later became a Senior Clerk Typist until 1980; and, WHEREAS, during her career with Isle of Wight County, Mrs. Cyr served in the capacity of Eligibility Worker, Senior Eligibility Worker, Eligibility Supervisor, Self- Sufficiency Case Specialist Supervisor, Acting Director, and Assistant to an Interim Director; and, WHEREAS, in June, 2008, Mrs. Cyr was promoted to Assistant Director of Isle of Wight Department of Social Services; and, WHEREAS, after nearly four decades of service focused on improving the lives of others, Mrs. Cyr retired from employment with Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Nell J. Cyr for over four decades of distinguished service to the citizens of Isle of Wight County. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Nell J. Cyr its best wishes for a well- deserved retirement and orders that a copy of this Resolution be spread upon the Minutes of this Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Thomas Finderson was recognized for his volunteer efforts. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE THOMAS FINDERSON WHEREAS, Mr. Thomas Finderson is a resident of Isle of Wight County and, for years, has demonstrated his concern for the elderly and needy citizens of the County; and, WHEREAS, Mr. Finderson has spent unlimited hours of volunteer time improving the quality of life for citizens of Isle of Wight who have experienced many forms of personal calamity; and, WHEREAS, Mr. Finderson has responded to the needs of others through his role as the Isle of Wight Red Cross Representative, a member of Christian Outreach Program, Isle of Wight Citizens Association, Carrollton Civic League, and Riverview Methodist Church; and, WHEREAS, the Isle of Wight County Board of Supervisors desires to recognize senior citizens like Mr. Thomas Finderson who serve as an inspiration to others and are deserving of recognition. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia hereby recognizes the benevolent spirit and accomplishments of Mr. Thomas Finderson. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Robert Eley, School Board Chairman, Isle of Wight County Public Schools, presented a request from the School Board that the School's 2011 fund balance of $376,629 be returned to the Schools to cover non - budgeted expenses in operations and maintenance. Tiffany Blatt, Coordinator of Instruction/Preschool Programs, Isle of Wight County Public Schools, addressed the preschool program offered by the Schools. Chairman Casteen called for consideration of the Consent Agenda. A. Port of Virginia Economic and Infrastructure Development Zone Resolution in Support of the Port of Virginia Economic and Infrastructure Development Zone B. Tethering of Animals C. Surplus Property Sale Results 3 D. Declaration of Surplus Property Resolution to Deem Certain Property (Vehicles) as Surplus Equipment E. Update of Memorandum of Understanding /Centralized Emergency Communications F. Grant Award — Virginia Department of Criminal Justice Services (DCJS), Byrne Justice Assistance Grant Program (JAG) Resolution to Accept and Appropriate Byrne Justice Assistance Grant Funds from the Department of Criminal Justice Services G. Pesticide Container Recycling Program Resolution to Accept and Appropriate $1,875 from the Commonwealth of Virginia Department of Agriculture and Consumer Services H. Application for Grant Funds — Virginia Department of Criminal Justice Services Victim Witness Assistance Grant Program Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services I. Study of Regionalization of Sanitary Sewer Service and Assets Resolution Authorizing Participation in a Study of Further Regionalization of Sanitary Sewer Service and Assets J. Isle of Wight County — Consent Order K. Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools L. Isle of Wight County Planning Commission 2011 Annual Report M. Isle of Wight County Wetlands Board 2011 Annual Report N. February 24, 2012 Strategic Planning Retreat Minutes O. March 5, 2012 Special Meeting Minutes P. March 193, 2012 Smithfield /Isle of Wight County Intergovernmental Relations Committee 4 Q. Resolution in Support of Naval Air Station OCEANA as the East Coast Master Jet Base Chairman Casteen moved that Items (B), (L), (P) and (K) be removed from the Consent Agenda and the remaining items be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Item (B), Tethering of Animals, Supervisor Bailey spoke in favor of making the current law more stringent and he moved that the report be accepted and directed County Attorney Popovich to make the necessary amendments to the Ordinance in compliance with his memorandum. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Item (K), Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools, Chairman Casteen moved that the report be accepted; that a date be inserted on the Unassigned Fund report; and, that a report be provided on school and utility bonds that includes a total column on the right as that done for the Unused Bond Proceeds report. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Item (L), Isle of Wight County Planning Commission 2011 Annual Report, Supervisor Alphin moved that the Annual Report be approved and that the Board's appreciation to the members of the Planning Commission for their service to the County be extended. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Item (P), March 19, 2012 Smithfield /Isle of Wight County Intergovernmental Relations Committee, Chairman Casteen moved that the minutes be moved to Old Business for further discussion by the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Regional Reports. Supervisor Hall advised that the Chamber had sponsored a legislative breakfast in Windsor this morning. Supervisor Darden reported that the Hampton Roads Transportation Planning Organization had discussed the Hampton Roads bridge tunnels, new 5 tunnels, tolls and the legalities of public /private partnerships. She reported that Commonwealth Transportation Board members advised that the Route 460 project is earmarked, but not funded and there are no private partners currently designated to perform the work. She reported that it remains a high priority for the Governor. She reported that Hampton Roads puts in 32% of transportation monies and received 35% back. County Administrator Caskey reported that the Hampton Roads Planning District Commission had received a presentation by the Executive Director of the Hampton Roads Sanitation District regarding regionalization of sewer systems. He advised that nine (9) localities have approved the resolution contained in the Board's agenda tonight. He advised that budgets for the HRTPO and HRPDC were approved, with compensation increases for staff placed on hold until June. Chairman Casteen reported that the Mayors and Chairs had discussed a Golden Crescent letter intended to form an alliance for all localities to work together on transportation issues. County Administrator Caskey advised that the Southeastern Public Service Authority had discussed a proposed reduction in the tipping fee of $20. Chairman Casteen reported that the Southside Mayors and Chairs had discussed transportation budget concerns and that the County had been requested to support retaining the Navy in Virginia Beach. He advised that he repeated a request for continuing support of the Route 460 realignment. County Administrator Caskey advised that the Western Tidewater Regional Jail members had discussed general business matters, the budget and issues relative to capital outlay projects. // Chairman Casteen called for Transportation Matters. Jamie Oliver, Transportation Coordinator, addressed the issue of the Virginia Department of Transportation (VDOT) FY2013 -2018 Secondary Six -Year Improvement Program (SSYIP) and advised that staff recommends Option 2 for dispersal of secondary funds in the FY2013 -2018 SSYIP, as follows: Apply funding surpluses from Bartlett Circle, all Rural Additions cost center funds and a small portion of Muddy Cross surplus funds to fully fund the paving of Poplar Drive and Yellow Rock Lane in FY2012 -2013. Supervisor Alphin moved that the County Attorney be authorized to advertise Option 2 for the VDOT FY2013 -2018 SSYIP for public hearing on May 17, 2012. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for Citizens Comments. Amy Jones spoke in favor of the Board raising taxes in order to maintain the current level of basic services being enjoyed in the County. Pete Green spoke in favor of the Stoup property being sold. He spoke favorably of the Sheriff's Office and merging the County's fire and rescue squads. Charlie Broadwater, Western Tidewater Free Clinic, Treasurer, requested the County's continued financial support. // Chairman Casteen called for Board comments. No Board comments were offered. Chairman Casteen called for the County Attorney's report. County Attorney Popovich presented a proposed easement agreement between the County and Mid - Atlantic Broadband Cooperative to allow for the placement of necessary broadband equipment behind the Isle of Wight Volunteer Rescue Squad building to provide needed internet access to County citizens. Chairman Casteen moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's May 17, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented an agreement between the County and the Town of Smithfield relative to Pinewood Heights and responsive to the Town's request to properly transfer obligated funds from relocation to acquisition purposes as previously agreed upon in the Memorandum of Understanding dated April 3, 2007. Supervisor Darden moved that the Chairman be authorized to execute the Agreement on behalf of the Board. The motion was adopted by a vote of 7 (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a request from the Commissioner of Revenue for a refund in the amount of $2,639.00 to Woodie H. Bell for tax years 2011 -2012, 2010 -2011, 2009 -2208 and 2008 -2009 due to the encroachment of a single - family dwelling, thereby lowering the value of the lot. Supervisor Alphin moved that the County Attorney be authorized to sign the request approving the refund. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich advised that he had one (1) matter to discuss with the Board later during the closed meeting. Chairman Casteen called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, addressed the proposals accepted and evaluated for hunting on the northern and southern tracts of the Blackwater River property. He advised that the proposal for the southern tract had been rejected due to its being incomplete and that it will have to be solicited again. He advised that a club was selected for the northern tract. Supervisor Hall moved to authorize a public hearing to consider leasing the northern tract of the Blackwater River on property at the Board of Supervisors' meeting of May 17, 2012. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo presented a request to hire a seasonal Parks and Grounds Attendant. Supervisor Bailey moved that the Director of Parks and Recreation be authorized to advertise and hire a Seasonal Parks and Grounds Attendant. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo presented a request to hire a part-time Parks and Grounds Attendant. Supervisor Darden moved that the ninety (90) day hold on hiring be waived and that the Director of Parks and Recreation be authorized to proceed with filling the position. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo requested permission to send out bids for the sale of timber and clearing and grading at Heritage Park. Supervisor Alphin moved to bid out the sell of the timber for Heritage Park. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO ACCEPT FUNDS FROM THE SALE OF TIMBER AT HERITAGE PARK AND APPROPRIATE FUNDS FOR CLEARING AND GRADING WORK AT HERITAGE PARK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the sale of timber at Heritage Park; and, WHEREAS, the amount of funding as shall be determined through a competitive bid process and received from the contractor awarded the bid, needs to be accepted and appropriated to the FY 2012 -13 Operating Budget of Isle of Wight County, Virginia; and, WHEREAS, if sufficient revenue is generated from the sale to cover the cost of the clearing and grading at Heritage Park, those funds shall be appropriated to the Parks and Recreation Operating Budget. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that funds from the sale of Timber, in the amount as shall be determined through competitive bid process and received from the contractor awarded the bid, be appropriated to the appropriate line item in the FY 2012 -13 Capital Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for the General Services report. 0 Frank Halton, Assistant Director of General Services, updated the Board on the Fort Boykin shoreline erosion project. He advised that the County has been awarded funding from the Federal Emergency Management Agency (FEMA) in the amount of $245,000 to address shoreline damage from a November 2009 Nor'easter. He advised that in 2010, the Board authorized staff to receive remediation and later realized that the design that was in FEMA's scope of work would not be adequate to prevent shoreline erosion in a future event of the same magnitude. He advised that staff has requested the consultant to develop an alternative design which has been submitted to FEMA and the Virginia Department of Emergency Management (VDEM) for approval. He advised that the property does not have beach access and either a new access road will need to be constructed or negotiations with a property owner with existing access. He advised in May 2011, the County requested and FEMA granted, a 12 -month extension to the project and in September 2011, VDEM drafted a letter requesting FEMA to approve the alternative design. He stated to date, staff has not received a reply from FEMA. He advised that staff has now requested an 18 -month extension. Mr. Holton advised that the bank was improved to its original condition in 2007. He advised that this property is maintained by the County, but should the County fail to maintain it, the property will revert back to the ownership of the State. He stated that should FEMA approve the plan presented by staff, the projected cost to the County is approximately $38,000. He stated that should FEMA deny the alternative design, he would return to the Board for further discussion and consideration. Chairman Casteen requested County Attorney Popovich to research and report back to the Board how the County can be released from being responsible for the upkeep of the house while still keeping the property. County Administrator Caskey requested Frank Haltom contact Mr. Robertson who is to solicit the assistance of Congressman Forbes with regard to FEMA. Eddie P. Wrightson, Director of General Services, requested the Board's consideration of a Resolution to Deem Certain Property and Equipment as Surplus and Authorize Disposal. Supervisor Alphin moved to adopt the following Resolution to Deem Certain Property and Equipment as Surplus and Authorize Disposal: RESOLUTION TO DEEM CERTAIN PROPERTY (VEHICLES) AS SURPLUS EQUIPMENT WHEREAS, the County of Isle of Wight, Virginia has personal property consisting of vehicles that are no longer serviceable and which are no longer needed by the County; and 10 WHEREAS, the Board of Supervisors of Isle of Wight County deems the following vehicles surplus and desires to dispose of same by the method of sale most advantageous to the County: 1991 Ford Van VIN #1FTFE24Y6MHA91225 2000 Ford Crown Vic VIN #2FAFP74W6YX214670 2005 Ford Crown Vic VIN #2FAHP71 W 15X 126280 1999 Ford Pickup VIN# 1 FTZF 1727XNB20328 1998 Ford Pickup VIN# 1 FTZF 1761 WNA42842 2003 Ford Crown Vic VIN #2FAFP71 W73X155903 2007 Ford Crown Vic VIN #2FAFP71 W17X106623. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby declare the above vehicles as surplus and authorizes the County Administrator or his designee to place these items for public sale; and BE IT FURTHER RESOLVED that the Board of Supervisors does hereby authorize the qualifying unsold vehicles to be sold as scrap metal through the County's Recycling Program. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson advised that the Building, Grounds and Transportation Committee has recommended that the Brewer's Neck Boulevard, Stoup and Grace Street properties be recognized for sale. Supervisor Bailey moved to authorize General Services to place the Brewer's Neck Boulevard, Stoup, Grace Street /Health Department and hazard mitigation properties up for sale with the condition on the Stoup property that it is to be rezoned to Rural Agricultural Conservation and that the hazard mitigation properties not have insurable structures placed upon them. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved to authorize staff to move forward with the rezoning of the Stoup property to RAC. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen declared a break until 7:00 p.m. at which time the public hearings would be conducted. // 11 At 7:00 p.m., Supervisor Hall moved that the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: The application of Conam Investments, LLC (Chris and Cynthia Edwards), applicants, and Edith G. Raby and Susan G. Dileanis, owners, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional General Industrial (C -GI) of approximately 7.31 acres of land, a portion of the 14.48 acre parcel of land located on the south side of Waterworks Road in the Hardy Election District. The purpose of the application is to rezone a portion of the site industrial to allow for a Construction Yard. Richard Rudnicki, Planner, advised that the Planning Commission had recommended approval of the application by a vote of (9 -0). Chairman Casteen called for persons to speak in favor of or in opposition to the application. Chris Edwards appeared in favor stating that he may slightly change the angle of the building. Sarah Young of Gray Street in Smithfield stated that she owns two (2) parcels of land that would be affected by the approval of this application. She expressed concern about the existing inadequate stormwater drainage; whether or not she and the applicants will be required to tap onto the six -inch water line in front of their properties; and, if approval by both the Town of Smithfield and the County is required under the annexation agreement. Chairman Casteen closed the public hearing and called for comments from the Board. Responsive to Supervisor Bailey, Mr. Edwards advised that the driveway would be gravel and not paved. He noted that he is very familiar with erosion caused from stormwater run off at that location. County Attorney Popovich advised that the applicant would be using a well and that the annexation agreement is no longer in effect. Mr. Rudnicki advised that the stormwater runoff would be addressed during the site plan and that a well has been approved by the Health 12 Department. He advised that the Planner for the Town of Smithfield is supportive of this application. Supervisor Darden moved that the application be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H Supervisor Darden moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for the Economic Development report. Lisa T. Perry, Director of Economic Development, presented an Economic Impact Analysis for Green Mountain Coffee Roasters. H Chairman Casteen called for the County Administrator's report. Michael W. Terry, Director of Budget and Finance, advised a Certificate of Achievement for Excellence in Financial Reporting has been awarded to the County by the Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report. He advised that this Certificate is the highest form of recognition in the area of governmental accounting and reporting and its attainment represents a significant accomplishment by a government and its management. He advised that an Award of Financial Reporting Achievement has been awarded to the Department of Budget and Finance for its role in preparing the award - winning financial report. He advised that the financial report received a grade of "Proficient" in 17 different grading categories. Brian Obal, Wells Fargo Insurance Services USA, Inc. addressed the upcoming health and dental insurance renewal that will take effect July 1, 2012 with Blue Cross/Blue Shield. He recommended that the County renew with a negotiated cost of 11.8% for an increase of $241,226 which incorporates the same benefit level enjoyed by the County today with mandated Anthem changes and includes enhanced vision and the unchanged dental policy. He stated the long term recommendation is to develop a five - year strategy with benchmarks in expenses, anticipating an increase next year and consideration of different types of methods that could be employed, such as cost shift premium adjustments either to the employee, to mitigate the 13 expense benefit. He recommended conducting studies of premium allocation and having strategies and benchmarks with other jurisdictions be incorporated into a five -year plan. Supervisor Darden moved to renew the medical contract with Anthem Blue Cross/Blue Shield that would include the annual premium increase, the enhanced comprehensive vision and renewal of the dental contract. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson presented an updated budget calendar to the Board. Mr. Robertson requested the Board's authorization to advertise the proposed FY2012 -13 Operating Budget for public schools for public hearing. He notified the Board that the Code of Virginia requires that the School budget be adopted by May 1, 2012 or 30 days after the receipt of the State estimates, whichever is greater. Supervisor Darden moved that staff be authorized to advertise the proposed budget for the Isle of Wight County Public Schools as presented for public hearing on May 10, 2012. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson requested the Board's authorization to advertise a proposed FY2012 -13 Operating Budget for Isle of Wight County, inclusive of revenues for a fire and rescue special district tax, the sale of County - owned property, an increase in utility rates; adjustments to departmental and agency expenditures in the amount of $275,000; and, a 1% phase in rather than the full 5% for VRS. The Board discussed the need for an additional work session which would also allow additional time for information to be received from the State. Mr. Robertson advised that responsive to the Board's previous direction to staff, the proposed budget is reflective of a $.02 tax rate increase across the board for fire and rescue. Supervisor Darden moved that the Board conduct a budget meeting on Thursday, April 26, 2012 at 10:00 a.m. to discuss the County's Operating Budget. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson requested authorization from the Board to advertise the proposed FY2013 -17 Capital Improvements Plan for public hearing. 14 Supervisor Bailey notified the Board that efforts to reduce the cost of the new Isle of Wight Volunteer Rescue Squad facility are ongoing. He stated that the two -story steeple, porch and brick around three (3) sides of the facility have been removed. He advised that a water -to -air system is being considered which will reduce the County's electricity bills. Mr. Wrightson requested that the budget for this project remain in tact until more information is obtained. He recommended $5.4 million remain in the budget for that project. The Board concurred that it would review and discuss the CIP and County's Operating Budget at its budget meeting on April 26, 2012. Mr. Robertson introduced the issue of USGS stream flow and rainwater gauges. Supervisor Alphin offered to report back to the Board with his recommendation on how to proceed following his investigation on the effectiveness of the gauges. County Administrator Caskey requested the Board's appointment of a Board of Equalization. Chairman Casteen moved that Bruce Cobb be recommended for appointment to represent the Smithfield District on the Board of Equalization. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Robert F. Lockhart, Jr. be recommended for appointment to represent the Newport District on the Board of Equalization. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Appointments. Supervisor Hall moved that Pete Farmer be reappointed to the Commission on Aging. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that Janet Robertson be reappointed to the Commission on Aging. The motion was adopted by a vote of (5 -0) with Mi Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that Diana Beale be reappointed to serve on the Industrial Development Authority. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Old Business. Regarding the March 19, 2012 Smithfield /Isle of Wight County Intergovernmental Relations Committee minutes which were deferred to this point of the agenda, Chairman Casteen requested that he be sent a copy of the correspondence sent from the County and addressed to the Smithfield Town Manager regarding the Town's annual contribution to the Blackwater Regional Library. Chairman Casteen moved that Item (P), the March 19, 2012 Smithfield /Isle of Wight County Intergovernmental Relations Committee minutes, be accepted. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for New Business. There was no new business offered for discussion by the Board. County Attorney Popovich requested a closed meeting pursuant to Section 2.2 -371 LA.3 of the Code of Virginia concerning consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Windsor Magisterial District. Supervisor Hall moved that the Board enter the closed meeting for the reason stated by County Attorney Popovich. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 16 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.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. VOTF. AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 H There was no action taken following the closed meeting. At 9:25 p.m., Chairman Casteen declared the meeting adjourned. Carey Mi is Storm, Clerk 17 4 4 1 L�-- - Alan E. Casteen, Chairman