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09-20-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF SEPTEMBER 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. Supervisor Bailey delivered the invocation. I/I Quinn Wilson of Boy Scout Troop 41 in Windsor led the Pledge of Allegiance. 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 three (3) closed meeting items and a resolution authorizing competitive negotiations for residential refuse collection; under the Consent Agenda, add a waiver of County fees for the proposed Isle of Wight Volunteer Rescue Squad facility; and, under New Business, add a discussion regarding uranium mining, the allocation of funds for fair entertainment bookings, a proposed seven (7) district redistricting plan and the hiring of Parks and Recreation personnel for the Carrsville Before and After - School Program. 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. Kittens currently available for adoption at the County's animal shelter were displayed. Mr. Clarence Hucks, Southern States, briefed the Board regarding that company's products and services. The Board received a briefing from Mr. Phillip Rinehart, Virginia Department of Transportation/Norfolk Office, regarding the proposed Route 460 Corridor improvements project anticipated to begin January 2013 and be in operation in 2018. The Board received a presentation from Mr. Jimmy Sanderson, Davenport and Company, relative to the County's recent visit to the rating agencies, the reaffirmation of the County's financial ratings and the sale of bonds. He advised that the County's current credit rating remains in the "AA" category. He stated two (2) of the County's utility bond participation notes have been refinanced; the County has financed $19,755,000 in capital needs; and, a portion of 2003 -04 bonds were refunded in the approximate amount of $14 million. He advised that bonds in the amount of $48,465 million have been sold and are scheduled to close on September 27, 2012 at a locked in rate of 3.23% and a final maturity date of 2043. He advised that the rating agencies expressed concern with how the County will handle its 2013 budget as it relates to the $1.7 million dollar gap in the real estate reassessment and its ability to sell certain property included in that budget. He advised that a keen eye will be kept on the County's use of its Fund Balance in 2013 and what it does in 2014 to return to a structural balance. He stated affordability must be addressed if the County wishes to consider additional borrowings and rating agencies will want to know how the County's debt service to expenditures is affected on an annual basis and its total debt to assessed value, as well as how this matches up to other jurisdictions. He pointed out that the County has many upcoming projects that will produce revenues for the County. Betty Entsminger, Coordinator for Safety and Security, Isle of Wight County Public Schools, addressed the Board regarding hurricane preparation plans. Rusty Chase, Chief of Emergency Services, spoke favorably about the relationship between the County and the Schools with respect to use of school facilities as shelters. The Board received a presentation from representatives of The Children's Center relative to the Head Start Program. H Chairman Casteen called for consideration of the Consent Agenda. A. Resolution Declaring September National Preparedness Month B. Disaster Designation Process Changes/New Regulations C. Request to Hire a Part-time Employee for the Smithfield Farmers Market D. Division of Historic Resources/Report on Usage of Boykin's Tavern Museum E. Voting Credentials for the VACo Annual Meeting F. Resolution to Deem Certain Property as Surplus G. Report on Work Orders — Buildings Division of General Services H. Waiver of County Fees for the Proposed Isle of Wight Volunteer Rescue Squad Facility (Added under Approval of the Agenda) I. July 19, 2012 Regular Meeting Minutes Supervisor Darden moved that the Agenda be adopted as revised. 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 of Commerce had held its annual meeting and elected its Officers. Chairman Casteen reported that the Hampton Road Economic Development Alliance had received a presentation from the Port Authority advising that the year -to -date growth rate is 8% compared to an average of 4 %. Supervisor Darden reported that the Hampton Roads Transportation Planning Organization had discussed the results of a regional Hampton Roads Freight Study. She advised that Route 460 is needed for truck traffic and that September 201" is the start of a public participation plan. She advised that rail facilities from Norfolk to Washington DC were also discussed and the Tidewater area had acquired $58 million in Federal funding to resurface interstates in Hampton Roads and Richmond. Supervisor Darden reported that the Hampton Roads Planning District Commission (HRPDC) had received a report regarding energy usage by the United States. She advised that the Annual Report was presented and a resolution adopted in opposition to uranium mining. She stated surrounding localities are also being requested to adopt similar resolutions. County Administrator Caskey advised that routine business matters and budgetary and capital items had been discussed at the most recent meeting of the Southern Public Service Authority (SPSA). He stated SPSA staff continues to evaluate options for post 2018. County Administrator Caskey advised that routine business matters and the issue of uranium mining were discussed at the most recent meeting of the Western Tidewater Regional Jail. He stated other localities are being requested to support a similar resolution in opposition. Supervisor Darden stated that the Town of Windsor is ready to grow and are looking for ways that the County can assist them with respect to growth opportunities. She stated sewer lines, water capacity and retaining the existing gym were topics of discussion at the most recent meeting of the Windsor Intergovernmental Relations Committee. H Chairman Casteen called for Transportation Matters. Supervisor Alphin reiterated a request for cutting and cleaning efforts along Route 58 Business on the left side of the roadway between the road and the railroad tracks. Supervisor Alphin requested staff to notify VDOT about flooding at Herrala Brothers due to inadequate roadway culverts on Route 258. FIA Chairman Casteen called for Citizens Comments. Tony Shank, 4701 Old Mill Road, notified the Board that flooding is occurring on her property as a result of runoff from holding ponds on the adjacent Shirley T. Holland Industrial Park property. James Shank, 4703 Old Mill Road, notified the Board about the impacts to his home and property associated with flooding from runoff from the Shirley T. Holland Industrial Park which is located adjacent to the property. Joe Ferguson, 12014 Dews Plantation Road, addressed the requirements of the County's Zoning Ordinance as it relates to it being illegal 4 for County property owners to camp in an RV, camper trailer or tent on their private property unless they have a $1,350 campground permit from the County. Walter Burnacky, 24129 Johnson Avenue, addressed the Board regarding Section 3 -6000 of the County's Zoning Ordinance with respect to its use of recreational vehicles on private property. Herb DeGroft, 15411 Mill Swamp Road, encouraged the Board to keep in mind the importance of uranium before it votes to support anti - uranium mining efforts. Chairman Casteen called for Board comments. Responsive to Supervisor Darden's request for a status report on the Shank property, Frank Haltom, Assistant Director of General Services, advised that flooding could be the result of an 18 -inch pipe installed over a 30 -foot cross section of the ditch. He advised that Green Mountain Coffee's calculations and BMP's appear fine and staff has offered to submit these to the Department of Conservation and Recreation for its review. He advised that information on SAFCO is still being researched and staff continues in its investigative efforts. // Chairman Casteen called for the County Attorney's report. County Attorney Popovich presented a Timber Sale Agreement with S &M Timber Products for the purchase of timber from Heritage Park for the Board's consideration. Supervisor Bailey moved that the Chairman be authorized to execute the Timber Sale 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 Purchase Agreement with Hope Presbyterian Church proposing to acquire approximately ten (10) acres of property located on Great Springs Road from the County at a price of $6,000 per acre. Supervisor Darden moved that the matter be referred to the Building, Grounds and Transportation Committee for review of proposed road frontage with the sale of the property and that staff bring back a report to the Board at its October 18, 2012 meeting. The motion was adopted by a vote of (5 -0) 9 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 Resolution Authorizing Competitive Negotiations for Residential Refuse Collection for the Board's consideration. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION OF BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY REGARDING COMPETITIVE NEGOTIATION FOR SERVICES UNDER ORDINANCE FOR EXCLUSIVE RESIDENTIAL REFUSE COLLECTION FRANCHISE AGREEMENT WHEREAS, the Board of Supervisors (the "Board') of Isle of Wight County, Virginia (the "County ") has previously entered into an ordinance and agreement for the provision of residential refuse collection services, the extended term of which is due to expire on December 31, 2012; and WHEREAS, the Board desires to receive proposals for similar services (the "Collection Services ") to begin January 1, 2013 from qualified firms. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, that: 1. The County Administrator, County Attorney and other employees, representatives and agents of the County are authorized and directed to take such actions as are necessary for consideration of a County ordinance regarding such Collection Services, including but not limited to the issuance of a request for proposals for such Collection Services and providing notice of a public hearing on such ordinance in accordance with Virginia law. 2. The Board finds that competitive sealed bidding is not practicable for the proposed agreement for residential refuse collection services because a number of factors in addition to the cost of services, including contractor experience, equipment and financial stability, are important in evaluating the selection of a contractor or contractors that would best serve the interests of the County, and therefore competitive negotiation is the most advantageous method of procuring such services and goods. 3. This resolution shall take effect immediately. 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 and the Board returned to open session at 7:00 p.m. Supervisor Hall moved that the public hearings be conducted at this time. 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: A. An Ordinance to Create the Moonlight Agricultural Forestal District Sandy Robinson, Planner, presented the application and advised that the Planning Commission recommended approval with the addition of the Blackwater properties. Revised maps were distributed by her to the Board. Chairman Casteen called for those to speak in favor of or in opposition to the proposed Ordinance. Gerald H. Gwaltney, Commissioner of the Revenue, stated due to the Board's planning, the County offers a way of life which appeals to many. He stated the application is intended to maintain and preserve the rural character of the County and this area has some of the prettiest farmland with large pine timber tracts that could supply International Paper with a good source of raw material for its fluff operation. He stated the County's Comprehensive Plan encourages the expansion of existing Agricultural Forestal Districts in addition to the creation of additional Agricultural Districts throughout the rural part of the County as a means of preserving the agricultural and forestal lands. He requested the Board approve the application. There being no others to speak, Chairman Casteen closed the public hearing and called for comments from the Board. County Attorney Popovich advised that the Blackwater property has a conservation easement and the Board would be required to seek approval by the State in order to add it. Supervisor Alphin moved that the Board approve the creation of the Moonlight Agricultural Forestal District and adopt the following Ordinance as presented: AN ORDINANCE To AMEND AND REENACT 7 THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX D. AGRICULTURAL DISTRICTS, SECTION D -1, DISTRICT ESTABLISHMENT. WHEREAS, Section 15.2 -4300 of the Code of Virginia (1950, as amended) enacted the Agricultural and Forestal District Act, which created enabling legislation to provide for a mutual undertaking by landowners and localities to protect and enhance agricultural and forestal land as a viable segment of the Commonwealth's economy and as an economic and environmental resource of major importance; and WHEREAS, Section 15.2 -4303 of the Code of Virginia (1950, as amended) stipulates the process by which localities shall enact ordinances to effectuate Agricultural and Forestal Districts; and WHEREAS, the Isle of Wight County Board of Supervisors believes it is now appropriate to create an additional district in accordance with the provisions of state law. Now, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board Of Supervisors, Virginia, that the Isle of Wight County Code is hereby amended and reenacted by amending and reenacting Appendix D, Agricultural Districts, Section D -1 by adding subsection (D) as follows: Sec. D -1. District Establishment. The County of Isle of Wight, Virginia, finds that the conservation and protection of its agricultural and forestal lands for the production of food and agricultural and forestal products is vital to the public interest and upon the advice of the Agricultural and Forestal Districts Advisory Committee and the Planning Commission, and after the conduct of a public hearing, and with the concurrence of the landowners, the Board of Supervisors of Isle of Wight County does hereby promulgate the existence of the Longview Agricultural District, the Knoxville Agricultural District and the Courthouse Agricultural District initially created and established by separate ordinances in accordance with the provisions of the Code of Virginia (1950, as amended), as follows: A. Longview Agricultural District established on June 21, 1979 for a period of eight (8) years, and subsequently renewed, effective June 21, 1987 for a period eight (8) years, renewed effective June 21, 1995 for a period of ten (10) years, and renewed effective June 21, 2005 for a period of ten (10) years to expire on June 21, 2015; and B. Knoxville Agricultural District established on April 21, 1983 for a period of eight (8) years, and subsequently renewed, effective April 21, 1991 for a period ten (10) years, renewed effective April 21, 0 2001 for a period of ten (10) years, and renewed effective April 21, 2011 for a period of ten (10) years to expire on June 21, 2021; and C. Courthouse Agricultural District established on September 15, 1988 for a period of eight (8) years, and subsequently renewed, effective October 17, 1996 for a period ten (10) years, renewed effective October 17, 2006 for a period of ten (10) years to expire on October 17, 2016. D. Moonlight Agricultural/Forestal District established on September 20, 2012 for a period of ten (10) years to expire on September- 20, 2022. 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: Lease of Property Located at 236 Washington Street, Smithfield, Virginia to The Children's Center for Use in the Head Start Program County Attorney Popovich advised that the lease has been properly advertised for public hearing. Chairman Casteen called for those to speak in favor or in opposition to the proposed lease. No one appeared and spoke in opposition or in favor. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the Chairman be authorized to execute the lease 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 a public hearing on the following: C. Ordinance to Adjust the Real Estate Tax Rate in Order to Equalize Revenues for Isle of Wight County County Attorney Popovich advised that the Ordinance has been properly advertised for public hearing. 9 Chairman Casteen called for those to speak in favor of or in opposition to the proposed Ordinance. Ed Easter of Carrollton stated the proposed tax increase equates to a $4.38 monthly increase for him which he is in favor of. Harold Blythe of Walters urged the Board not to raise taxes due to the downturn in the economy. He stated revenues from International Paper should be realized this year and he recommended other resources be used this early in the fiscal year and not increase taxes at this time. Dick Grice of Smithfield spoke in opposition to real estate taxes being raised. Stating that his net worth has declined due to the economy and many will not get a pay raise this year and have had to adjust household expenditures in order to cover necessities. David Willis of Smithfield requested the Board not to raise the real estate tax rate. He recommended waiting until the economy improves before selling certain County properties. He stated that a large portion of the County's budget is school related and they should be held accountable. Votie Boykin of Walters spoke against a tax increase and recommended that School budgets be passed categorically in the future. Gina Fita urged the Board not to approve a tax increase and look for other ways to generate revenue. Jim Henderson stated the Board has a number of options it could pursue before implementing a tax increase. He stated it is not time to sell the County's long -term assets and he suggested that leasing may be a better alternative at this time than selling those properties. Sharon Hart of Carrollton stated that there is nothing appropriated in the budget for economic development for needed water lines to Suffolk and continued infrastructure in the Shirley T. Holland Intermodal Park. She stated 1,000 jobs at the Intermodal Park equates to $40 million annually and the public could recoup its investment in one (1) year. She stated the State has invested in the area by designating it an economic zone and invested in Route 460 improvements in order to accommodate this. She stated that revenue from Green Mountain Coffee Roaster incentives will not be realized for at least three (3) years and she pointed out that the County enjoys the lowest taxes in the region. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey spoke against taxes being raised. He stated if approved, this would snake an increase for this year of $.17 without any 10 reduction in assessments. He stated that the County is supposed to be business friendly. Supervisor Alphin stated that the County is currently operating at a $1.6 million deficit due to the reassessment. He said add another $1.2 million due to the sale of property being in the budget that has not been sold which equates to a deficit of $2.8 million in this year's operating budget. He said add another $500,000 obligation to VDOT and $300,000 to the Schools which will need to be taken from the Unassigned Fund Balance for a total deficit of $3.7 million. He stated the County is obligated to pay another $2.6 million due to resolutions adopted previously and rollovers in the amount of $1.1 million. He stated the County is now obligated to pay an additional $300,000 for the Georgie Tyler Middle School pumping station making a total of $4 million dollars that the County is obligated for, but does not have. He stated the County will be receiving a check for the Blackwater property in the amount of $950,000; receiving a Machinery and Tools Tax reserve in the amount of $315,000; and, an additional tax from International Paper in the amount of $250,000, leaving the County operating at a $3.3 million deficit. He stated the County's debt service for next year is $8 million and the year following is over $10 million. He asked how the County will pay these debts if it does not maintain what it has. He stated that a majority of capital projects were not funded this year and the County just borrowed $20 million this year and most of that is already obligated. Supervisor Hall stated the County already holds a deficit in excess of $3 million and next year there is $2 million of extra debt service that the County is going to pay making a total of $5 million. She stated the County has borrowed the maximum amount it can until 2015 for water and sewer projects. She stated the County is in a critical situation and needs to have a balanced budget. She stated infrastructure needs to be in place to bring in more businesses and industries so the County is not dependent solely on revenue from its real estate taxes. Supervisor Darden stated including the sale of properties as an income source in the budget was wrong, but there will be other revenues that will be coining in to meet the County's expenses. She stated the Board will need to look very hard next year during the budget cycle and scrutinize all expenditures. She stated she is not in favor of raising taxes at this time. Chairman Casteen stated Green Mountain Coffee Roasters and International Paper will be coming on line and will provide additional revenues for the County. He stated the Board may need to consider raising taxes next year, but this year it owes it to its citizens to wait and see. He stated that some of the County's expenses will not be as large as budgeted for and the County has ended up with a surplus each year due to efforts of staff to contain operating costs. Supervisor Bailey moved that the Ordinance be denied. The motion was adopted by a vote of (3 -2) with Supervisors Casteen, Darden and Bailey voting in favor of the motion and Supervisors Alphin and Hall voting against the motion. I/I Supervisor Bailey amended the order of the agenda in order to allow Mr. Toll to address the Board regarding a water concern. 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. Elmer Toll, 102 Deep Water Way, addressed the Board regarding the subdivisions of Brewers Creek, Quail Meadows, Lake Shores and Cedar Grove being switched over to County water from a private well. He advised the Board that disruptions in service, which occur after hours, are answered by the Sheriff's Department who cannot advise when service will be restored or provide other contact numbers. Eddie P. Wrightson, Director of General Services, advised that staff is exploring methods by which information can be relayed to water and sewer customers during emergency situations. He stated in an effort to improve communications, he intends to propose to the Dispatch Center that the names and phone numbers of individuals who are experiencing water and sewer issues be provided to the technician responding to the emergency so that a report can be provided back to the affected citizen what the emergency consists of and how long he anticipates it will take to fix the problem. Chairman Casteen requested the Director of General Services to draft a set of forms /procedures designed to facilitate communications when calls for assistance are received dealing with water and sewer. Chairman Casteen moved that the Board revert 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. Chairman Casteen called for the Community Development report. Ms. Walkup presented the following application for the Board's consideration. Application of Troy Marine, LLC, owner /applicant for a waiver to Sections 6- 2009(0), Pedestrian and Bike Pathways and Section 7- 1004(D)(2), Commercial and Industrial Development. 12 Supervisor Bailey commented that the applicant is going to lose his loan at the end of the month because he is not in compliance with the County's Zoning Ordinance. He stated that the subdivision behind it does not have sidewalks. Supervisor Hall cautioned the Board about setting a precedent that by not requiring this business to follow the requirements of the Subdivision Ordinance. Supervisor Alphin commented on the purpose of an ordinance requiring bikes and pathways through the County if the Board is going to grant exceptions. Chairman Casteen commented that the Board has directed the Planning Commission to make certain changes to the ordinance, but the Commission had instead recommended that the Board uphold this requirement. Supervisor Bailey moved that the waiver be granted. The motion was adopted by a vote of (3 -2) with Supervisors Casteen, Darden and Bailey voting in favor of the motion and Supervisors Alphin and Hall voting against the motion. Ms. Walkup, responsive to the Board's direction for staff to return to the Planning Commission with the request that it address the issue of the use of recreational vehicles in the Rural Agricultural Conservation (RAC) District, advised that the Planning Commission has requested staff to prepare a report for approval of the Commission Chairman which is contained in the agenda for the Board's discussion. She advised that the Commission is recommending that there be no changes to the Ordinance and has authorized the Zoning Administrator to write a report as to how the Commission arrived at this decision and submit it to the Commission Chairman for approval. She stated at the Board's seat is a picture of the recreational vehicle in violation of the Ordinance and a copy of the Zoning Ordinance. She stated the definition of a campground is any site, lot, parcel or tract of land on which accommodations for temporary occupancy is located or may be placed, including cabins, tents and recreational equipment and recreational vehicles and which is primarily used for recreational purposes and retains an open air or natural character. She advised that the Zoning Ordinance does not regulate citizens camping in tents in their backyard for recreational purposes. H Chairman Casteen called for the General Services report. Frank Haltom, Assistant Director of General Services, presented a resolution authorizing the County Administrator to enter into a contract with Gately Communications Company for the Board's consideration. 13 Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE WHEREAS, the Federal Communications Commission (FCC) is mandating all public safety and industrial /business licensees convert existing 25 kHz radio systems to minimum narrowband 12.5 kHz efficiency technology by January 1, 2013; and WHEREAS, Gately Communication Company has provided the hardware and software development and maintenance for the County's Fresh Water and Waste Water Supervisory Control And Data Acquisition (SCADA) system and Gately Communications Company is the proprietor of this software that monitors and controls this system; and WHEREAS, County staff is seeking a waiver from the FCC to extend the current deadline to convert the system to meet the new frequency requirements. NOW, THEREFORE, BE IT RESOLVED, that the County Administrator is hereby authorized to execute any and all necessary agreements with Gately Communications Company for services upon review and approval of the County Attorney. BE IT FURTHER RESOLVED, the Board of Supervisors authorizes County Staff to pursue a waiver request to extend the deadline to complete the requirements of the mandate. BE IT FURTHER RESOLVED, that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to fund the requirements of the FCC mandate. 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 Economic Development report. Lisa T. Perry, Director of Economic Development, presented the 2012 Strategic Plan Initiative for Economic Development to the Board. Chairman Casteen called for the County Administrator's report. 14 Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented a Resolution Designating Isle of Wight County as a Child Friendly Community for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION DESIGNATING ISLE OF WIGHT COUNTY AS A CHILD FRIENDLY COMMUNITY WHEREAS, the Board of Supervisors of the County of Isle of Wight desires to designate the County as a child friendly community; and, WHEREAS, a child friendly community envisions parents, teachers, and community stakeholders working together to make a positive difference in the lives of young children throughout Western Tidewater; and, WHEREAS, various local, regional and state organizations are working collaboratively to improve early learning opportunities and promote healthy lifestyles for children; and, WHEREAS, public policies that support early learning for all young children are crucial to their future success; and, WHEREAS, community and recreational facilities must be designed to stimulate children's cognitive and values development, health, and well- being in a variety of ways; and, WHEREAS, child friendly communities allow children to have the freedom to explore the world around them in physical, emotional, and spiritual safety. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Isle of Wight County be designated as a Child Friendly Community. The motion was adopted by a vote of (4 -0) with Supervisors Casteen, Darden, Bailey and Alphin voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Hall absent for the vote. Michael W. Terry, Director of Budget and Finance, provided preliminary financial information (unaudited) for the Board's discussion. Chairman Casteen requested the Director of Budget and Finance to email the details of the $300,000 and the preliminary and unaudited end of the June 2012 report containing budget actuals with yellow columns before the next Board meeting. 15 Mr. Robertson was directed to adjust the calendar to reflect that the CIP Subcommittee will not be a part of the process and that the Board will not conduct a retreat until January 2013. Supervisor Darden suggested combining the mid -year review and Board retreat in January. Mr. Robertson relayed a request from the School Board for a joint meeting with the Board. The Board concurred with meeting jointly with the School Board on Wednesday, November 7, 2012 at The Smithfield Center. The time of the meeting is to be determined. County Administrator Caskey presented a request by the Superintendent of public schools for the waiver of permit and plan review fees associated with the Georgia T. Tyler Middle School for the Board's consideration. Supervisor Darden moved that the request for a waiver be rejected. 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 Administrator Caskey requested direction from the Board regarding the 2013 Priority List. Supervisor Darden moved that the 2013 Priority List be approved, as 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. H H Chairman Casteen called for Appointments. No appointments were offered by the Board. Chairman Casteen called for Old Business. There was no old business offered for discussion. Chairman Casteen called for New Business. 16 County Attorney Popovich advised the Board regarding a request from the Western Tidewater Water Authority to adopt a resolution in opposition to uranium mining due to the threat of potential depositing of uranium in the water supply. Supervisor Darden moved to direct County Attorney Popovich to develop a resolution in opposition to uranium mining for the Board's review at its October 18, 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. Mr. Furlo presented a request for the allocation of fiends for Fair entertainment bookings for next year. Chairman Casteen moved to contract with entertainment for next year with the understanding that the total of the budget would not exceed the County's current share. 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 Parks and Recreation personnel for the Carrsville Before and After Program. Supervisor Darden moved to authorize staff to advertise and hire part- time for an after - school staff person. 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 requested direction from the Board regarding a proposed Seven (7) District Redistricting Plan. Supervisor Darden moved that the County Attorney be directed to develop a staff report advising the op -out procedures from the Justice 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. H County Attorney Popovich requested a closed meeting pursuant to Section 2.1 -3711 A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority and pursuant to Section 2.1- 3711.A.1 regarding discussion of three (3) personnel matters pertaining to a specific public official; Chairman Casteen moved that the Board enter the closed meeting for the reasons stated by the County Attorney. The motion was adopted by a 17 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 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 Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. IN At 10:50 p.m., Chairman Casteen declared Carey : lls Storm, Clerk 19 t e eeting adjou ned. Alan E. Casteen, Chairman