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07-19-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF JULY 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 H H H Chairman Casteen 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 to the agenda: Under the County Attorney's report, add consideration of a Joint Funding Agreement and a Memorandum of Agreement pertaining to the Chowan River Basin project and one (1) closed meeting item and under the County Administrator's report, add discussion regarding correspondence received from the Smithfield Volunteer Fire Department and consideration of a Resolution to Recommit Unused FY2011 -12 Funds for EMS Billing Expenses. Supervisor Alphin moved to approve the Agenda, 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. H Chairman Casteen called for Special Presentations. A kitten currently available for adoption at the County's animal shelter was displayed. Sheriff Marshall advised that the County has been awarded grant funds from PETCO for a temperature - controlled trailer for the purpose of displaying animals for adoption. He advised that the grant will require no match from the County and that he hopes to be in receipt of it in time for an event scheduled on August 18, 2012 at the Tractor Supply store in Smithfield. Sheriff Marshall invited the Board to visit the animal shelter and to participate in the Deputy ride -along program. Laura Abel, Assistant Superintendent /Instruction and Curriculum, Isle of Wight County Public Schools, introduced Chuck Parnish, Athletic Director, Windsor High School, who addressed the Board regarding concussion awareness. Virginia Wade, Taste of Smithfield, was the featured small business under- the Small Business Close Up segment of the agenda. A Government Finance Officers Association plaque was accepted by Chairman Casteen on behalf of the Board in recognition of the award of a Certificate of Achievement for Excellence in Financial Reporting by the County. Chairman Casteen called for consideration of the following Consent Agenda: A. Accept and Appropriate Grant Funds/PETCO Grant Foundation for the Isle of Wight County "Companions 4 You" Adoption Campaign Resolution to Accept and Appropriate Grant Funds from the PETCO Capital Grant Foundation B. Budget and Finance FYE 2012 Project Schedule C. Unassigned General Fund Balance as of June 28, 2012 D. Litter Pick Up Supervisor Darden moved that the Consent Agenda be adopted. 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. i� Chairman Casteen called for Regional Reports. County Administrator Caskey reported that the Hampton Roads Transportation Planning Organization had received a presentation on the fast - ferry system proposed in the Port of Hampton Roads which is intended to take riders from the Peninsula to the Southside and alleviate cars on the roadways. He stated a future demonstration is intended to determine how it will be accepted by the general public. He advised that the closest outpost to the County is in the City of Suffolk. He advised that transportation needs of the military community were also reviewed at that meeting. He advised that information was presented on regional efforts pertaining to a freight study dealing with goods in and out of the Hampton Roads region. He advised that the Director of Rail Transportation had provided a briefing and advised that the first conventional train service out of Norfolk will begin in December. He advised that a briefing was also received relative to the Route 460 project and copies of the presentation were distributed to the Board. He advised that the project will be under a construction contract by December 31, 2012 with construction in early 2013. He advised three (3) proposals were received for a total of 55 miles from Petersburg to Suffolk with seven (7) interchanges. He advised that construction is anticipated to be complete in 2018 and the project will operate on a 40 -year operational contract which will guarantee funding of the project. He advised that tolls will be controlled by the State and estimated at $.09 per mile. He advised there will be four (4) toll plazas along the 55 -mile stretch, each roughly 11 miles long. He advised that trucks will be charged a higher toll, approximately three (3) times the vehicular rate. He advised that the Commonwealth Transportation Board is expected to award the contract and select the construction firm in October. Supervisor Alphin requested County Administrator Caskey to invite a member of the Commonwealth Transportation Board or other appropriate representative to brief the Board at a future meeting relative to what secondary roads will be interfaced with the highway and how the alignment will impact major tracts of farms. County Administrator Caskey reported that the Hampton Roads Planning District Commission had discussed the Phase 3, Final Report, on regional climate change and rising sea level and the impact on areas with immediate proximity to shorelines. He advised also discussed were changing regulations for storm water management in the Commonwealth and how they will affect local governments, as well as uranium mining and what impacts these types of mining operations might have on major public water supply systems such as the Lake Gaston pipeline and what impact might be associated with a major natural disaster relative to leaching into nearby reservoirs. Chairman Casteen reported that the Smithfield Intergovernmental Relations Committee had discussed a realignment of the Town limits and the 3 use of the old rescue squad building. He advised that a tentative agreement was reached with the Town that the County be allowed to utilize a portion of that building for projects earmarked by the Director of General Services. He ftirther advised that the Town of Smithfield has agreed for water and sewer lines to be extended beyond the Town limits to serve the new volunteer rescue squad building. Chairman Casteen advised that the new Carrsville representative had been welcomed by the Social Services Board at its most recent meeting. Supervisor Bailey reported that a health fair will be conducted by the Commission on Aging in August. He advised that the senior population has doubled over the last decade. Supervisor Alphin advised that the County -owned transfer station will be an asset as it will provide the County bargaining power at the end of its contract with the Southeastern Public Service Authority (SPSA). He advised that the County must advise SPSA of its intentions by December 31, 2014. He further reported that International Paper (IP) now has 225 employees, 86% of which are rehires from the old IP plant. He advised that the current plant only uses 1/3 of the 36 million gallons of water per day previously used, so little impact on the aquifer is expected. // Chairman Casteen called for Transportation Matters. Jamie Oliver, Transportation Planner, referenced a spreadsheet contained in the agenda which summarizes the current status of the County's transportation projects and citizen requests. She stated also included is a summary of upcoming VDOT work for the Smithfield and Windsor headquarters which includes a mowing update for secondary County roadways. Supervisor Alphin notified staff that cutting and cleaning efforts are needed on Route 58 at the intersection in Franklin on the left side of the roadway between the road and the railroad tracks and asked that staff relay this concern to the appropriate VDOT official. County Administrator Caskey advised that he had received a response from Dennis Heuer, VDOT, regarding the appearance of the James River Bridge (County side) and provided an outline of efforts done or to be done with respect to the cleanup by VDOT. Ms. Oliver presented a Resolution to Appropriate Funds from the County's Unassigned General Fund Balance for the Paving of Five (5) Rural Rustic Roads for the Board's consideration. 4 Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE COUNTY'S UNASSIGNED GENERAL FUND BALANCE FOR THE PAVING OF FIVE (5) RURAL RUSTIC ROADS WHEREAS, Isle of Wight County, participates in the VDOT Revenue Sharing program and has set aside five hundred eighty one thousand and nine hundred dollars ($581,900) in Unassigned General Fund Balance to pay for the County's match to said Revenue Sharing projects as required by escrow agreement; and, WHEREAS, Isle of Wight County has committed to locally administering five (5) Rural Rustic Road paving projects using Revenue Sharing funds in the 2012 paving season and locally administered projects require up front funding before expenses are reimbursed; and, WHEREAS, the paving of Halltown Road is budgeted for $400,000; and, WHEREAS, the paving of White House Road is budgeted for $125,000; and, and, WHEREAS, the paving of Poor House Road is budgeted for $153,870; WHEREAS, the paving of Ballard Road is budgeted for $475,000; and, WHEREAS, the paving of Pope Swamp Road is budgeted for $716,075, with $250,000 having been previously appropriated for a remaining unfunded balance of $466,075. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that an additional one million thirty eight thousand and forty -five dollars ($1,038,045) be appropriated from the Unassigned General Fund Balance for construction expenditures on rural rustic road paving projects as committed in the VDOT Secondary Six Year Improvement Program (SSYIP) FY 2013 -2018. Further, VDOT has committed to reimburse the County $1,386,908 approximately 60 days after receipt of eligible invoices are approved. BE IT FURTHER RESOLVED that the Isle of Wight County Administrator is authorized to make the appropriate account adjustment in the budget 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. 5 Ms. Oliver presented a Resolution to Authorize the County Administrator to Advertise Five (5) Rural Rustic Road Paving Projects for Bid, Award the Contract and Execute All Documents Required for Completion for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ADVERTIZE FIVE (5) RURAL RUSTIC ROAD PAVING PROJECTS FOR BID, AWARD THE CONTRACT, AND EXECUTE ALL DOCUMENTS REQUIRED FOR COMPLETION WHEREAS, the Virginia Department of Transportation (VDOT) allows localities the option to locally administer transportation projects to increase efficiency in project costs and schedules; and WHEREAS, Isle of Wight County has committed to locally administering five (5) Rural Rustic Road paving projects using Revenue Sharing funds in the 2012 paving season; and WHEREAS, Isle of Wight County anticipates VDOT Authorization to Advertise on these five (5) projects within the next 30 days; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County Administrator is hereby authorized, in conjunction with VDOT approval, to proceed with advertisement of the projects. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to proceed with awarding the contract for said projects in accordance with the Virginia Public Procurement Act and County policy and is authorized to execute any and all necessary agreements, documents, and payments to complete said projects, upon review and approval of the County Attorney. 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. Ms. Oliver presented a request from a resident in Carrollton who would like to utilize HRT's specialized ADA- accessible service for transportation from Carrollton to the Sentara St. Luke's medical facility. It was the unanimous consensus of the Board not to proceed with this effort due to it being cost prohibitive. Chairman Casteen called for Citizens Comments. 6 Rita Richardson, Windsor Town Mayor, suggested that the County stay in contact with the Governor and his staff and be aggressive with bringing in new industry and businesses into the Intermodal Park in Windsor. She advised that the Town Council desires to meet with the Board and work on a joint strategic plan to promote the Park. She advised that the Windsor Town Council wishes to retain the old Windsor Middle School for use as a community center. Clyde W. Smith, Carrollton resident, spoke in favor of the Board granting a waiver to Troy Marine from having to build a sidewalk. Joe Ferguson, Dews Plantation Road and a friend, Kevin Beatty, requested relief from the County's Zoning Ordinance to allow a camper on his 85 -acre farm. He stated research of the Ordinance reveals that he is even prohibited from camping in his back yard in a tent. He stated that he was advised in January of 2012 to initiate the process to have revisions made to the Ordinance. He explained that he bought the property in 1991 with a permanent rezoning. He stated the State later determined that counties, who have been requiring owners with agricultural land to either obtain a Conditional Use Permit or rezone, said it was unlawful and the County removed his zoning from the books. He provided a document showing the application, fees and a survey that he has paid in association with the rezoning. He stated that now the issue is a smaller camper that is in violation of the ordinance and he is requesting that the Board take action tonight to revise the Ordinance so that citizens can camp in their own backyards without being in violation of the law. He distributed two (2) pictures of his property showing its location from the road. He stated he had been cutting the grass at the roadway, but the County's Codes Inspector had complained that it appeared someone was living there, but no one was living there and it is just a recreational use of an RV, so he stopped cutting the grass. He said the County also complained that the RV was hooked to a sewer and that there might be runoff if a Boy Scout camps in the woods. Chairman Casteen called for Board comments. Responsive to the comments offered by the Windsor Town Mayor, Supervisor Darden spoke in favor of scheduling a Windsor Intergovernmental Relations Committee meeting to include the County's Director of Economic Development and Director of General Services. Responsive to Joe Ferguson's comments, Beverly H. Walkup, Director of Planning and Zoning, advised the Board that the Planning Commission, at its most recent meeting, asked staff to look at all uses in the rural agricultural conservation zone district. She advised that the Ordinance currently prohibits recreational vehicles being used for residential purposes. She stated that the 7 permit Mr. Ferguson made reference to is a variance that was granted by the Board of Zoning Appeals to allow two (2) residences on his property; however, it does not allow him to have an RV. She advised that staff had polled other localities and is similar to them. She advised that staff has recommended to Mr. Ferguson that he follow the proper procedure for requesting a Conditional Use Permit, but that he did not want to follow that procedure. Supervisor Hall moved that the Planning Commission be requested to expedite its work and direct staff to return to the Board at its September 20, 2012 meeting with their recommendations. 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 spoke against the restrictiveness of the County's Zoning Ordinance and suggested that Troy Marine be granted a waiver from the sidewalk requirement. County Attorney Popovich commented that the matter is to be discussed later under the Community Development report. Chairman Casteen called for the County Attorney's report. County Attorney Popovich presented an amendment to the County's Water Ordinance proposing a minor technical correction to the Ordinance which was adopted by the Board at its June 28, 2012 meeting. Supervisor Hall moved that the County Attorney's office be authorized to set this matter for public hearing at the Board's August 16, 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 a renewal agreement with Suffolk Energies T/A Griffin Oil for the Board's consideration. Supervisor Alphin moved that the Chairman be authorized to execute the renewal agreement on behalf of 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. County Attorney Popovich presented a Joint Funding Agreement and Memorandum of Agreement between the City of Franklin, Emporia, the County of Sussex, the Counties of Surry, Greensville, Southampton and Isle of Wight regarding the Chowan River Basin project in which the Board had I previously agreed to contribute approximately $6,000 for a two (2) year study. Supervisor Bailey moved that the Chairman be authorized to sign the Joint Funding Agreement and Memorandum of Agreement for the Chowan River Basin project. 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 four (4) matters to discuss with the Board later during the closed meeting. Chairman Casteen declared a recess. At 7:00 p.m., the Board returned to open meeting. Chairman Casteen called for a public hearing on the following: A. The application of Curtis M. and Ivey Mae Holland, owners, and Sprint, applicant, for a Conditional Use Permit to construct a 195' telecommunications tower with a 4' lightning rod on .504 acre of an 83.07 acre parcel of land, located at 22392 Murphy Mill Road in the Windsor Election District. County Attorney Popovich certified that the application has been properly advertised. Beverly H. Walkup, Director of Planning and Zoning, stated that Sprint has advised that a tower is necessary at that location to improve the wireless communication capabilities within that area. She stated there will be six (6) uses on the tower, including the antenna, at elevations from 140' to 190'. She stated the closest property line from the tower base is 228' and the closest dwelling is 540'. She stated Sprint is proposing to lease a 100' by 100' foot area at the base of the tower and will also provide an on -site generator to enable the tower to operate during power outages. She advised that the Planning Commission, following its public hearing on this application on June 26, 2012, recommended approval of the application by a vote of (8 -0). She distributed pictures of the site showing the location of the proposed base of the tower in relation to Everett's and Murphy Mill roads, any existing vegetation and Mrs. Joyner's house. She advised that while this property is heavily wooded, the tower will be higher than the treetops. 9 Supervisor Bailey inquired the proximity of the tower to the airport and Ms. Walkup advised that it is located approximately four (4) to five (5) miles away. Supervisor Darden inquired why this specific site was selected. Tom Scirotto, Site Development, Sprint, responded he is charged with obtaining the coordinates and determining three (3) potential candidates from a certain search range, which are then provided to an engineer. Supervisor Darden inquired if Sprint has any other towers located in the County. Mr. Scirotto responded towers are located in every direction every three (3) to five (5) miles in the County, but they are not Sprint owned. Responsive to Supervisor Bailey, Mr. Scirotto advised that Sprint generally locates on towers that are not Sprint owned. Supervisor Alphin inquired if Sprint could locate on one (1) of Verizon's towers and not need to build another tower. Mr. Scirotto replied that Sprint does work with in conjunction with Verizon, but there is nothing in that area. He advised this tower would have the capacity to allow six (6) carriers and he was not aware of the location of the closest Verizon tower or even if the closest tower is Verizon owned. Ms. Walkup advised that the County's ordinance requires there to be six (6) co- location spots on a tower so there is not a tower for every wireless company in the County. She stated it is her understanding that Sprint has already looked at existing towers and not determined a location that would provide the coverage needed. She advised that the closest towers to the proposed site are located approximately three (3) to five (5) miles away. Chairman Casteen opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. Angie Grumlit of 9141 Blounts Corner Road advised previously she had been a Sprint customer and just recently Sprint agreed to let her out of her contract because service cannot be provided where she lives. She advised that the closest tower to her home is five (5) miles away. She advised that she has now switched to Verizon and no longer has a problem with coverage. Curtis Holland, applicant, advised that approval of his application would result in additional income for him and will enhance communications for County citizens and emergency communications as the County will have a spot on the tower. He stated the tower will not decrease property values and would not be an eyesore, although it will be seen over the treetops. 10 Chairman Casteen closed the public hearing and called for comments from the Board. County Administrator Caskey advised that he was in receipt of a petition signed by 37 individuals in opposition to the application. Supervisor Hall asked Mr. Holland if he resides in the area of the proposed tower and would he be able to see it from his home. Mr. Holland responded that his home is in that area, but is located close to the woods, which would prevent him from being able to see the tower. Supervisor Darden advised that Ms. Joyner, who is in opposition to the application, could not be present tonight and is passionate about retaining the rural nature of the surrounding area. She stated the proposed tower can serve many future customers, farmers and emergency services for the County. She stated that while towers are not aesthetically pleasing, they are necessary for communication. She stated the tower would be located well off the road and the base of the tower, the fencing and the generator would not be visible. She stated if it would provide competition, she has no problem with the tower. Supervisor Alphin stated that he values the County's rural lands. He stated citizens on the petition like blue sky and do not like the intrusion of technology on their landscape. He agreed that Verizon needs competition. Supervisor Hall advised that the Chief of Emergency Services has advised her that the County has no plans to locate on the proposed tower, so the towel- would not be critical for emergency services. She stated if there are people who object to its proposed location, another location should be found. Supervisor Bailey commented that the property consists of pristine land and towers devalue the property a tower is located on, as well as any property that the tower can be seen from. Ms. Walkup clarified that the proposed tower will not require a light because it is less than 200 feet high. Supervisor Darden moved that the application be approved. The motion was defeated by a vote of (2 -3) with Supervisors Darden and Casteen voting in favor of the motion and Supervisors Alphin, Bailey and Hall voting against the motion. Chairman Casteen called for a public hearing on the following: Ordinance to Amend and Reenact Chapter 3. Article V. Cruelty to Animals County Attorney Popovich certified that the proposed Ordinance has been properly advertised. He advised that it was Chief Animal Control Barlow's intention to require a separation between the time limitation and the temperature restrictions. He stated that the intent was to read that tethering an animal outdoors for more than 19 hours or in temperatures greater than 100 or less than 10% as measured at the tethering location. He advised that the question will remain to be the ability to enforce it. He advised that the City of Hampton recently adopted an ordinance prohibiting tethering although he has been advised by the City Attorney's office that the matter may be revisited. He advised that the Cities of Norfolk and Virginia Beach restrict tethering to three (3) hours in any 24 hour period and have indicated to him that they have been experiencing a significant amount of problems relative to prosecution of the Ordinance relative to the timing issue. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Ordinance. Pinky Hipp, Morgart's Beach Road, stated that tethering should not be completely eliminated and suggested reducing the number of hours that an animal can be tethered. She further suggested that the temperature be reduced and that shelter and water that cannot be turned over be required. She stated that Animal Control staff is understaffed, but the proposed is a start towards making tethering more humane in the County. Teresa Agee spoke on behalf of banning tethering. She stated she had sent an email to the Board prior to the meeting stating that the proposed ordinance is unrealistic, unenforceable and cruel in its present form. Stephanie Dome of Carrollton spoke in support of a ban on tethering of dogs. Robbie Younger spoke in favor of a ban on tethering of dogs. She stated the proposed Ordinance is unenforceable. Kim Horne, President of the Isle of Wight Humane Society, spoke in favor of banning tethering, but noted concerns with the enforcement of the proposed ordinance with respect to time limitations and temperatures. She offered the assistance of the Humane Society with regard to an enforceable ordinance. Herb DeGroft of 15411 Mill Swamp Road spoke in favor of an anti tethering ordinance in temperatures above 80 degrees or under 20 degrees. Angie Grummet, a former Animal Control Officer for York County and the City of Newport News, distributed pictures of tethered animals and stated she has personally witnessed the long and short-term effects chaining has on dogs. She spoke in favor of a ban on tethering of animals. 12 Mary Tyler of Mill Swamp Road stated that tethered animals are already in danger at temperatures lower than 100 degrees or above 10 degrees. She stated 19 hours is too long and suggested a period of 12 hours. She stated she does not support a total ban on tethering due to the rural character of the County. She stated some dogs cannot be contained within a fence and some are not companion pets. She stated there is a need to be able to prosecute abuse when seen without criminalizing common normal behavior. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey spoke against the tethering of animals stating it is inhumane. Supervisor Darden stated she does not believe the proposed ordinance, as written, will be enforceable by Animal Control Officers and will be difficult to prosecute. She stated the ordinance does provide sufficient language regarding the inhumane treatment of animals which could be enforced by Officers. Chairman Casteen spoke against tethering of animals. Supervisor Hall spoke against tethering of animals. She stated she is opposed to adopting any ordinance that the Board will have to grant waivers for. She stated the ordinance already addresses cruelty to animals and Officers can use their own judgment when becoming aware of a case involving animal abuse. Supervisor Bailey moved that the County Attorney's office be directed to amend the proposed Ordinance to prohibit tethering of dogs completely and authorize that office to advertise a public hearing on the proposed revision. 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 that the Board revert back 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 a five (5) minute recess. The Board returned to open session. 13 Chairman Casteen called for the Community Development report. Ms. Walkup made reference to background information which was requested by Supervisor Bailey and contained in the agenda pertaining to the Bicycle and Pedestrian Trail System. She stated that should the Board decide to grant a sidewalk waiver to Troy Marine, procedures for amending the County's Ordinance need to be developed, as well as a recommended policy going forward. Supervisor Hall commented that while sidewalks need to be in residential areas, the County's Zoning Ordinance could be amended to include a provision for the establishment of a fund for commercial areas relative to the fixture construction of a sidewalk, in addition to requiring an easement. Supervisor Bailey moved that the Board make a recommendation to the Planning Commission to revise the Ordinance, for commercial properties only, that the construction of a sidewalk is not mandatory, however, dedication of an easement to the County is mandatory and some financial contribution for the construction of a future sidewalk, to be determined by staff, would be appropriate based on road frontage. 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 Parks and Recreation report. Marls W. Furlo, Director of Parks and Recreation, addressed the Board regarding the Joel C. Bradshaw Fairground project. He stated five (5) qualified bids for the sale of timber at the Park were received and a notice to award has been issued by the Finance Committee. He stated that the County's profit from the sale of the timber is estimated to be $57,000. He requested permission to proceed with the cleanup project before the money is received from the sale of the timber. Supervisor Bailey moved that staff be authorized to bid out the "clean up" of the overflow parking area at the Fairgrounds. 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. 14 Eddie P. Wrightson, Director of General Services, addressed the Board regarding staff's meeting with certain residents on Campbells Chapel Drive regarding the disrepair and failing septic systems in their neighborhood. He stated that these residents are seeking help from the County relative to making sanitary sewer service available for these residents to connect. He stated currently there is no policy that addresses the extension of sewer service to the County to serve existing residential area and these residents are asking the County to design and construct the project. Harry Griffin, an authorized soil evaluator, stated due to the soil conditions in that area, these residents will have to put in alternative septic systems at a cost of $10,000 to $15,000. He stated because of the soil, they may spend that money and those systems still not function properly. Supervisor Darden moved that staff be directed to develop a policy for residences located inside the Development Service District for potential hook up of water and sewer. 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 requested permission to reclassify a Lead Maintenance Worker position in the General Services/Buildings Division. Supervisor Alphin moved that the Human Resources Department be authorized to reclassify the Lead Maintenance position to a multi- disciplined tradesman type position and to fill the position at a competitive salary. 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 requested permission to reclassify an Environmental Assistant position in the General Services /Engineering Division. Supervisor Alphin moved that staff be authorized to reclassify Ms. Danielle Ridley to an Engineering and Environmental Technician (Grade 12) at the starting salary rate effective July 1, 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. Wrightson notified the Board of the resignation of a Utilities Systems Worker in the General Services /Public Utilities Division. Chairman Casteen moved to authorize the Human Resources Department to immediately advertise the vacant position of a Utilities Systems Worker in the Public Utilities Division. 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. 15 Chairman Casteen called for the County Administrator's report. Gerald H. Gwaltney, Commissioner of the Revenue, advised that the Board of Assessors has completed its work for the County and the real estate assessment forecast for FY2013 is $4,116,000,000. He stated the forecast put out in February was based on the old reassessment values in the amount of $4,374,000,000. He recommended that the County's rates be adjusted to neutralize the real estate revenues so that the same amount of revenue is brought into the County that the budget is based upon. He stated that the difference is between $1.6 million and $1.7 million in tax dollars or approximately $.05 to meet the shortfall. Chairman Casteen inquired if he is aware of any other monies coming in that he has not apprized the Board about. Mr. Gwaltney reported that International Paper has notified the County that certain equipment which has been listed as idle has been brought back into service which equals $1.67 million in revenue to the County. Supervisor Bailey moved that the matter be postponed until the Board's August 16, 2012 meeting and that the Director of Budget and Finance be prepared to provide the Board with finite figures regarding what has not been spent and will be left over in departmental budgets. 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. Michael W. Terry, Director of Budget and Finance, reviewed the bond market issuance timeline included in the agenda and requested the Board to take the appropriate actions recommended by Davenport. Chairman Casteen moved that staff be directed to go to the bond market in the amount of $20 million in additional bond financing. 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 County Attorney's office be authorized to advertise a public hearing on the $20 million additional borrowing pursuant to the schedule presented. 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. Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented a Resolution to Accept and Appropriate Hazard Mitigation Grant Program Funds for the Board's consideration. 16 Chairman Casteen moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE HAZARD MITIGATION GRANT PROGRAM FUNDS WHEREAS, Isle of Wight County has identified a residential property at 601 Quail Street in Smithfield that has been substantially and is eligible for acquisition under the provisions of the Hazard Mitigation Grant Program; and, WHEREAS, the Federal Emergency Management Agency has approved the County's application and funds have been obligated for the property acquisition through the Hazard Mitigation Grant Program; and, WHEREAS, funds in the amount of one hundred forty nine thousand six hundred fifteen dollars ($149,615) need to be accepted from the Virginia Department of Emergency Management and appropriated to the County's FYI 2-13 Operating Budget. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia hereby accepts funds in the amount of one hundred forty nine thousand six hundred fifteen dollars ($149,615) from the Virginia Department of Emergency Management and appropriates said funds to the County's FYI 2-13 Operating Budget. BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to make the appropriate accounting adjustments in the budget and 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. Mr. Robertson reviewed the 2013 VACo Legislative Program with the Board and requested the Board to provide him with any items they wished to be included in the Priority List prior to its August 16, 2012 meeting. Mr. Terry presented a Resolution to Recommit Unused FY2011 -12 Funds for EMS Billing Expenses for the Board's consideration. Supervisor Bailey moved that the following Resolution be adopted: UNUSED BOARD APPROPRIATED START UP COST FOR EMS BILLING EXPENSES FOR EMERGENCY MEDICAL SERVICES RECOVERY PROGRAM WHEREAS, Department of Emergency Services has requested that funding identified as start up cost, dedicated for specific revenue purposes and /or has been unused or set aside to accomplish a specific 17 strategy /initiative, to not lapse to the General Fund as of June 30, 2012 yearend close; and, WHEREAS, once the final accounting for yearend close has occurred the available amounts or so much as determined available can only be used for the purpose committed by this Board resolution; and, WHEREAS, GASB Statement No. 54 sets forth that the Board of Supervisors can adopt by resolution that such funding requests be classified as committed. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County adopts this resolution to commit available funds for EMS Billing expenses once said funds have been frilly accounted for at the conclusion of June 30, 2012 yearend close. 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. Mr. Terry reviewed the process by which fiends are dispersed to the various fire and rescue organizations. He requested the Board to allow a true up so that these organizations will have their full 2013 budget by which to operate on in the first quarter of the new fiscal year. Chairman Casteen commented that the Smithfield Volunteer Fire Department and the Isle of Wight Rescue Squad are in a unique position this year because in prior years they were significantly fielded by the Town of Smithfield at the beginning of the quarter. He stated that he has been asked to represent a request from the Smithfield Volunteer Fire Department that the County grant their $19,320 fourth - quarter payment at this time, along with $25,000 (half of their first quarter estimate), for a total of $45,000 so that they can meet their current obligations. He stated doing so will allow them to survive the transition of no longer receiving funds from the Town of Smithfield. He stated the County needs to stop its past practice of overlapping current appropriations. Chairman Casteen moved, then withdrew his motion, that the Smithfield Volunteer Fire Department be advanced $19,300 for the fourth quarter payment which is due and, in addition, $25,000 which is half of that organization's first quarter, which will be subtracted from their quarter -end payment, which would bring them to a total of $44,300. 16:1 Supervisor Bailey moved that the Board move forward with truing up all County fire and rescue volunteer organizations based on their budgeted amounts. 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 advance $25,000 from the current fiscal year budget for the first quarter. 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. Micky Stallings of Scotts Factory Road represented a request from the Smithfield Volunteer Fire Department for funds in the amount of $101000 to be used to repair a fire truck used by that Department. Chairman Casteen commented that he is currently speaking with the Smithfield Mayor regarding the possibility of the Town of Smithfield contributing half of the cost to repair the truck. Supervisor Alphin voiced a concern with setting a precedent as requests such as this could be forthcoming from all volunteer organizations. Chairman Casteen moved that the County contribute $10,000 towards the truck repair to the Smithfield Volunteer Fire Department. 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 Alphin moved that Pat Walker be appointed to serve on the Beautification Committee representing the Carrsville District and replacing Sarah Leggett. 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 Barbara Wiggins be appointed to serve on the Social Services Board representing the Hardy District and replacing Gloria Wilson. 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 Caroline Hurt be appointed to serve on the Paul D. Camp Community College Board, replacing Robert C. Claud, Sr. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, 19 Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Grace Keen be appointed to serve on the Commission on Aging as an At -Large member. 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. Lisa T. Perry, Director of Economic Development, responsive to direction from the Industrial Development Authority at its meeting of July 10, 2012, represented a request by the Authority regarding a property purchase option to acquire a 50 -acre parcel in the Phase II of the Shirley T. Holland Intermodal Park. Supervisor Alphin moved that the Board authorize an advance of the $500,000 to the Industrial Development Authority based upon terms of a promissory note acceptable to the County Attorney and authorize the Chairman to execute such Note on behalf of 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 New Business. Supervisor Bailey notified the Board that Marie Bailey recently received a bill from the County in the amount of $449 for ambulatory services she received and needs assistance paying. It was recommended that Supervisor Bailey speak with the Chief of Emergency Services about the ambulatory charge. County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Freedom of Information Act concerning discussion of a personnel matter relating to a specific public official; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to school appropriations; and, pursuant to Section 2.2- 3711.A.5 concerning discussion about a prospective business or industry or the expansion of an existing 20 business or industry where no previous announcement has been made of the business or industry's interest in locating or expanding its facilities in the community. 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 Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin 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. Chairman Casteen 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: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Darden moved to authorize the Incentive Plan as discussed in the closed 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. 21 Chairman Casteen moved to authorize the Chairman to execute the letter as discussed in closed 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. Paul D. Camp Community College /Golf Tournament Sponsorship: County Administrator Caskey presented a request from Paul D. Camp Community College relative to the County's sponsorship of its golf tournament. The Board concurred that it could not sponsor the tournament this year due to budget constraints. i; At 10:45 p.m., Chairman Casteen declared the meeting adjourned. &w7u& IkAIIA,-% VI 0 arey M lls Storm, Clerk 22 Alan E. Casteen, Chairman