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02-21-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY -FIRST DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: JoAnn W. Hall, Hardy District, Chairman Byron B. Bailey, Newport District, Vice Chairman Rex W. Alphin, Carrsville District Delores M. Darden, Windsor District Alan E. Casteen, Smithfield District Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk CALL TO ORDERANVOCATION /PLEDGE OF ALLEGIANCE The meeting was called to order at 5:00 p.m. by Chairman Hall who delivered the invocation and the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA County Attorney Popovich offered the following revisions to the agenda: Under the General Services report, add a request for immediate authorization to advertise for an Erosion & Sediment Control Inspector position; under New Business, add discussion regarding Verizon service in the Smithfield area; and, under the Closed Meeting, add two (2) items. Supervisor Alphin 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. SPECIAL PRESENTATIONS /APPEARANCES A dog available for adoption at the County's animal shelter was displayed by Animal Control staff. The new Animal Control Chief, Larry Wilson, was formally introduced by Sheriff Marshall. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND CONGRATULATE DAVIS KIRK RING FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Davis Kirk Ring is a member of Boy Scouts of America, Troop #1 and a resident of Isle of Wight County; and, 1 WHEREAS, Mr. Ring has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Ring for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Davis Kirk Ring is recognized and congratulated for achieving the rank of Eagle Scout. 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 following Resolution be adopted: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF Sharon O'Berry WHEREAS, Sharon O'Berry has served the community with dedicated service to the Isle of Wight County Fair for nineteen years; and, WHEREAS, during this time has performed a variety of roles including Heritage Crafts Chairman, Commercial Crafters Chairman, and holding the position of Secretary of the Fair Committee. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude and recognition of the dedicated service and leadership of Mrs. O'Berry. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. 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 following Resolution be adopted: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF DAVID SAWYRE WHEREAS, David Sawyer has served the community with dedicated service to e Isle of Wight County Fair for nineteen years; and, WHEREAS, during this time has performed a variety of roles including Fair Photographer, Special Programs Chairman, Car Show Chairman, and holding the position of Fair Chairman 2008 -2010 and Second Vice Chairman 2011 -2012. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude and recognition of the dedicated service and leadership of Mr. Sawyer. 2 BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. 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. Mike Stephens, Chairman of the Fair Committee and Diane Keyt, Fair Coordinator, reported on the award to the County for "Best Large Fair Overall Marketing Effort in 2012." Debbie Samuel, Principal, Westside Elementary School, briefed the Board regarding Westside Elementary School's theme, "Rigor, Relevance, and Relationships ". Elizabeth Reynolds and Fred Eng, Assistant Principals, Westside Elementary School, assisted with the presentation. CONSENT AGENDA A. Animal Health Fee Resolution to Authorize the Establishment of an Animal Health and Wellness Fee B. Local Revenue Sources C. Blackwater River Property /Army Corp of Engineers' Request D. Delinquent Real Estate Tax Collection Monthly Report E. Statement of Treasurer's Accountability F. January 3, 2013 Regular Meeting Minutes G. January 17, 2013 Regular Meeting Minutes Supervisor Alphin moved that Item (B), Local Revenue Sources, be removed from the Consent Agenda for further discussion and the remaining items 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. County Administrator Caskey disseminated follow -up information summarizing Item (B), Local Revenue Sources. REGIONAL REPORTS Supervisor Darden reported that the Hampton Roads Planning District Commission had discussed long -term strategic planning and strengths and 3 weakness of sequestration at its Retreat. She advised that the creation of a Mega - Metropolitan Statistical Area from Richmond to the oceanfront is being considered by the Commission. Supervisor Bailey reported that the Jail Authority had discussed increased medical costs and gas bills, a kitchen renovation, a six -year vehicle rotation policy and its proposed budget which contains an increase for localities. Supervisor Casteen reported that the Social Services Board had discussed its proposed budget at its most recent meeting. Supervisor Alphin reported that he had taken a tour of the fluff mill which has produced a product demand that is growing at mill capacity each year. Chairman Hall reported that the Hampton Roads Mayors and Chairs Caucus had received a presentation on the Virginia Steam Academy, a public /private endeavor boarding school proposed at Fort Monroe. She requested staff to arrange a presentation on that endeavor following the budget process. Chairman Hall reported that the Southside Mayors and Chairs had attended a conference call from the Governor's office updating them on transportation issues. She advised that a presentation on a regional substance abuse program was also provided. TRANSPORTATION MATTERS Jamie Oliver, Transportation Planner, reported on the recent meeting conducted by VDOT on the Route 258/620 intersection improvements. She advised that plans for the project are currently available for review in her office and that VDOT representatives had spoken to several of the affected property owners at the public hearing. Responsive to Supervisor Darden's comments regarding fair compensation to affected landowners, Ms. Oliver advised that VDOT is required to follow the State Procurement Act for all right -of -way acquisitions and she offered to facilitate additional conversations with those property owners although this is a VDOT and not a County project. CITIZENS COMMENTS Marie Keesee, 20500 Campbells Chapel Drive, in regards to Item (C) Public Utility Service /Campbells Chapel Drive, under the General Services Department, advised that she does not wish to hook up to sewer. Michael Uzzle of 9471 Central Hill Road distributed a list of questions to the Board and requested that he be provided a written response. Rosa Turner, 4820 Old Stage Highway, on behalf of the Rushmere Community Development Corporation, notified the Board regarding a fire 0 that destroyed the Debnam family home in the Rushmere community. She requested all County permit fees associated with the building of another home for that family be waived by the Board. BOARD COMMENTS Supervisor Casteen advised that he had attended the Smithfield Volunteer Fire Department and Isle of Wight Volunteer Rescue Squad's banquet. He publicly commended the 73 of 90 Rescue Squad members who have met the full requirements of membership by serving at least 24 hours per month for the year. He advised that the Town of Smithfield has offered to waive $89,000 in fees associated with the construction of the new rescue squad facility. COUNTY ATTORNEY REPORT Pursuant to the Board's direction at its January 17, 2013 meeting, County Attorney Popovich presented a resolution for the Board's consideration to solicit the assistance of hunt clubs to reduce the local coyote population. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO SOLICIT THE ASSISTANCE OF HUNT CLUBS TO REDUCE THE LOCAL COYOTE POPULATION WHEREAS, coyotes in Virginia are considered to be a nuisance species; and, WHEREAS, the coyote population in Isle of Wight County appears to be growing in recent years; and, WHEREAS, the Board of Supervisors is concerned about the potential negative impacts coyotes pose to livestock farmers, property owners, and small pet owners; and, WHEREAS, in the Commonwealth of Virginia, the hunting season for coyotes is a continuous open season with no kill permits required. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia solicits the assistance of local hunt clubs in reducing the population of coyotes in Isle of Wight County in accordance with all federal and State hunting regulations, as may be applicable. 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 addressed the Board regarding his recommendation to exercise the County's eminent domain authority in its W attempt to secure 100% ownership of certain property at Tyler's Beach. He advised that he has been unsuccessful in locating the one (1) remaining heir and he is requesting authorization to advertise this matter for public hearing. Supervisor Bailey moved that the County Attorney's office be authorized to advertise a public hearing on the initiation of condemnation action at the Board's March 21, 2013 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 briefed the Board on the Planning Commission's creation in 1966 and original membership which consisted of four (4) members each from the Hardy and Windsor and five (5) from the Newport Districts and one Ex- Officio member. He advised in 1970, its membership was reduced to 11 members, which consisted of three (3) from the Hardy and Windsor Districts and five (5) from the Newport District and the County Administrator, who acted as the Ex- Officio member. He stated included in the Board's agenda are revised By -laws eliminating the At -large member and an accompanying resolution for adoption. Following discussion by the Board that the ultimate decision to approve or deny an application rests with the Board of Supervisors, Supervisor Alphin moved to adopt a Resolution to Reduce the Membership of the Isle of Wight County, Virginia Planning Commission (reducing the members from 11 to 10 with two (2) members from each election district). 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 Household Hazardous Waste Environmental Services Agreement between the County and Ecoflo, Inc. for the Board's consideration. Supervisor Bailey moved that the Chairman be authorized to execute the Agreement between the County and Ecoflo, Inc. 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 authorization to sign a tax refund for Eagle Harbor Apartments in the amount of $6,487. Supervisor Darden moved that the County Attorney be authorized to sign the request approving the tax 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 requested authorization to sign a tax refund for Holland Meadows in the amount of $5,118.75. 6 Supervisor Casteen moved that the County Attorney be authorized to sign the request approving the tax 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 requested authorization to sign a tax refund for Alpha Hospitality in the amount of 2,576.93. Supervisor Alphin moved that the County Attorney be authorized to sign the request approving the tax 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 presented an agreement with Howard Brothers Contractor, Inc. for the provision of construction services to complete the Rural Rustic Roads projects. Supervisor Darden moved that the Chairman be authorized on behalf of the Board to execute the Agreement with Howard Brothers Contractor, Inc. 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 Indefinite Engineering Services Agreement with WW Associates, Inc. for the provision of engineering services for the Board's consideration. Supervisor Casteen moved that the Chairman be authorized to execute the Agreement on behalf of the Board with WW Associates, Inc. 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 the Board's direction with respect to the Boykin's Tavern Advisory Committee. Chairman Hall moved that the matter be postponed until she and the County Attorney have had an opportunity to attend a meeting of the Boykin's Tavern Advisory Committee. 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 two (2) matters to discuss with the Board later during the closed meeting. COMMUNITY DEVELOPMENT Richard Rudnicki, Planner, II, presented a Conditional Use Permit 04 -11 to allow for a salvage service on 0.11 acre of land located at 7211 Fire Tower h Road in the Carrsville Election District for Mr. Robert Johnson. He advised that when the CUP was originally approved, five (5) conditions were attached, three (3) of which address the fencing of the property and which have not yet been addressed. He advised that staff's and the Planning Commission's recommendation is for the Board to initiate the revocation process. Supervisor Alphin moved that the revocation process be initiated for the CUP -04 -11 for a salvage service of Robert Johnson. 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. Rudnicki updated the Board regarding the Route 460 Corridor Master Plan. He notified the Board that staff will be conducting a second public meeting on Tuesday, March 19th from 6 -8 p.m. at the Windsor High School cafeteria where certain land use scenarios will be shown based on feedback received at the first public meeting. PARKS AND RECREATION REPORT Mark W. Furlo, Director of Parks and Recreation, advised the Board that the environmental study performed by ECS Mid - Atlantic on the Black River property identified the presence of a large above - ground storage tank; 35 -45 five (5) gallon herbicide containers and one (1) 55 gallon drum; and, an area which had been used as a shooting range. He advised that the containers and tanks will need to be removed and disposed of and the soil in all three (3) areas need to be tested for any contamination. He advised that the estimated cost for removal of the tanks and containers and soil testing should not exceed $7,000; however, if testing results find soil contamination, additional costs will be associated with the clean up. He advised that the County received a $75,000 grant from the City of Norfolk to assist in preserving the water quality of the Blackwater River and an appropriation of $7,000 of the $75,000 grant funds is being requested to address the environmental issues identified above. Supervisor Bailey moved to appropriate $7,000 of the $75,000 grant from the City of Norfolk to assist in preserving the water quality of the Blackwater River. 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 from the Smithfield Soccer Club to waive or reduce the field rental fees at Nike Park to hold a soccer tournament for the purpose of raising money for Relay for Life. He advised that the Board reduced the County's fees to $250 to cover the additional costs in supplies and salaries incurred by Parks and Recreation staff and the anticipated rental fee for this year is $1,320. Supervisor Casteen moved that the field rental fees at Nike Park be reduced to $250. 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 addressed the Board regarding its directive for an overall 5% decrease in each department's budget request. He advised that the Independence Day fireworks have been identified as an item for potential elimination within the Parks and Recreation Department budget and, if the Board is in support of canceling the fireworks display, staff will need to notify the Towns of Smithfield and Windsor as they currently contribute 25% of the cost for their respective shows. He distributed a list of additional items proposed for elimination at the Parks and Recreation Committee meeting which includes not filling the vacant Ceramics Coordinator position; eliminating the skating rink; raising the fee for the Summer Camp Programs at Windsor Elementary and Carrollton Elementary Schools and other new programs and fee increases; adding additional revenue generating programs; and, motor fuel and Tube, for a total savings in his Department of $79,000. Supervisor Darden moved that the Independence Day fireworks not be identified for elimination in the Parks and Recreation budget. The motion was adopted by a vote of (3 -2) with Supervisors Casteen, Darden and Bailey voting in favor of the motion and Chairman Hall and Supervisor Alphin voting against the motion. Mr. Furlo distributed photos of a maintenance building at the Camptown Park and Otelia J. Rainey Community Center which saved the County $20,000 because it was constructed by staff. Chairman Hall declared a break and the Board returned to open session at 7:00 p.m. PUBLIC HEARING The application of Jake and Amanda Browder, owner /applicants, for a Conditional Use Permit to allow for a Garden Center accessory to a residential use and to request a reduction in the bufferyard setback on property located at 17357 Fox Ridge Lane in the Hardy Election District. The purpose of the application is to allow for up to three (3) greenhouses. Beverly H. Walkup, Director of Planning and Zoning, advised that the Planning Commission had recommended approval of the application to the Board, as conditioned, and that the bufferyard be reduced to 25 feet for the side yards and 10 feet for the rear yard. She advised that she placed a petition at the Board's seat from the applicant's neighbors supporting the sale of products on -site Thursday through Sunday throughout the year. Yj Chairman Hall called for persons to speak in favor of or in opposition to the application. Jake Browder, applicant, spoke in favor of his application. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the application be approved with the following conditions recommended by the Planning Commission: 1) On -site sales shall be allowed Thursdays through Sundays; 2) development of the site shall be generally consistent with the document titled "Browder Exhibit Conditional Use Permit request — Garden Center" as determined by the Zoning Administrator; and, 3) the Conditional Use Permit is issued to the current property owners and a change in ownership of the property shall require a new Conditional Use Permit. 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 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. PARKS AND RECREATION REPORT (Continued) Mr. Furlo requested permission to fill a Parks and Grounds Attendant position which has been vacant since October 25, 2012. Supervisor Darden moved that the Human Resources Department be authorized to advertise and hire a 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 requested permission to hire two (2) part-time Skating Rink Attendants in order to assure proper coverage at the Isle of Wight/Franklin Skating Rink. Mr. Furlo was requested to provide a report to the Chairman at the Board's March 21, 2013 meeting regarding operations, activities and attendance at the skating rink and its hours of operation. Mr. Furlo requested permission to hire two (2) two (2) Site Supervisors, two (2) Bus Drivers, eight (8) Counselors and five (5) Junior Counselors for the summer camp program. 10 Supervisor Alphin moved that the Department of Human Resources be authorized to advertise and hire two (2) Site Supervisors, two (2) Bus Drivers, eight (8) Counselors and five (5) Junior Counselors for the Parks and Recreation summer camp 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. GENERAL SERVICES REPORT Jamie Oliver, Transportation Planner, presented a Resolution to Appropriate Funds (from the Unassigned Fund Balance) for the Design and Construction of the Park to Park Trail for the Board's consideration. She stated the trail, which has been divided into three (3) segments, will be a ten (10) foot wide, four (4) mile trail connecting Windsor Castle Park to South Church Street to Battery Park Road to Nike Park. She advised that the County has been awarded two (2) Transportation Enhancement grants consisting of an 80/20 match for a total project value of approximately $1.9 million of which $400,000 would be match funds from the County. She advised that either the County allocates its matching share to continue the project or it will have to allocate $500,000 to pay for what has already been spent in grant funding. She stated it would also reflect negatively on the County receiving any future transportation enhancement grants. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FOR THE DESIGN AND CONSTRUCTION OF THE PARK TO PARK TRAIL WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has committed to the design and construction of the Park to Park Trail as a locally administered transportation project; and, WHEREAS, the County has been awarded two (2) Federal Transportation Enhancement grant awards for design and construction of the Park to Park Trail, totaling one million nine hundred fifteen thousand dollars ($1,915,000.00); and, WHEREAS, the Transportation Enhancement grant program is a reimbursement program which requires that the County expend funds up- front before receiving grant payments; and, WHEREAS, the County has previously appropriated only three hundred ninety seven thousand dollars ($397,000) of the grant total; NOW THEREFORE BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that one million five hundred eighteen thousand dollars ($1,518,000.00) be appropriated from the Unassigned Fund Balance, or other applicable fund sources as deemed appropriate, to the appropriate line items in the Isle of Wight County FY 2013 Capital Budget. 11 BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be authorized to proceed with hiring necessary and appropriate professional and construction services in furtherance of the execution of this project in accordance with the Virginia Public Procurement Act and County policy and is hereby authorized to execute any and all necessary agreements and contracts for such services upon review and approval of the County Attorney. The motion was adopted by a vote of (4 -1) with Supervisors Casteen, Bailey, Hall and Alphin voting in favor of the motion and Supervisor Darden voting against the motion. Frank Haltom, Assistant Director of General Services, updated the Board regarding the Department of Conservation and Recreation Stormwater Management Program Grant for the creation/implementation of the locally - administered Stormwater Management Program. He advised once potential conflicts between the proposed ordinance and existing ordinances are identified, staff will tailor the existing County ordinances for consistency with the requirements of the new stormwater management regulations and a public meeting will be held on the revised ordinance. He advised that staff will be developing a staffing and funding plan to fully implement the required local stormwater program. He advised that a draft of each component of the grant must be submitted to DCR by April 1, 2013 and staff has completed a Stormwater Management Ordinance draft which will be made available for public comment on the County's Website during the week of February 25, 2013. He advised that DCR requires development of the stormwater management program to be complete by July 1, 2013; however, DCR will allow a one (1) year extension to those communities that have demonstrated adequate progress towards developing the program by April 1, 2013 and DCR has advised that compliance with the grant submittal requirements will demonstrate adequate progress. Melissa Lindgren, Engineer, addressed the issue of public utility service at Campbells Chapel Drive. She advised that staff met with several residents on Campbells Chapel Drive in July 2012 concerning neighborhood septic system problems and received authorization from the Board to develop a policy to extend utility service to existing residents. She advised that to provide sewer and water service to residents on the north end of Campbells Chapel Drive would cost $142,000 and could potentially serve fourteen (14) properties. She advised that residents under the current utility ordinance would be required to connect to both water and sewer at a total cost of $8,000 per property. She advised that individual residents will be required to install a residential sewer pump station to connect to the County installed sewer force main for an estimated homeowner cost of $10,000. She advised that an 12 approximate homeowner cost to connect to County water is $750 and each property owner's cost participating in the County cost to construct the project is estimated to be $18,750. She advised that connection charge revenues to the County will equal $112,000 leaving a project cost deficit of $30,000. Supervisor Darden requested that staff speak with the homeowners on Campbells Chapel Drive to determine which ones wish to connect to the sewer and which ones do not. Mr. Haltom requested permission to waive the 90 -day waiting period before rehiring a vacant position and that he be authorized to immediately advertise for the Erosion & Sediment Control Inspector position within the General Services Department. Supervisor Bailey moved that the Human Resources Department be authorized to advertise for the newly vacant 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. EMERGENCY SERVICES REPORT Rusty Chase, Chief of Emergency Services, presented a Resolution to Accept Donated ORION Radios from the Hampton Roads Planning District Commission for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO ACCEPT DONATED ORION RADIOS FROM HAMPTON ROADS PLANNING DISTRICT COMMISSION WHEREAS, the Hampton Roads Planning District Commission on behalf of the Hampton Roads jurisdictions, agencies and organizations under the Hampton Roads Urban Areas Security Initiative (UASI) grant desires to donate 23 ORION Radios to the Department of Emergency Services to augment the County, the Town of Smithfield and the Town of Windsor radio communications for day -to -day operations and manmade or natural disasters in Isle of Wight County; and, WHEREAS, the Board of Supervisors of Isle of Wight County hereby accepts the gift of the ORION Radios. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the donated ORION Radios be accepted for use by the Department of Emergency Services to augment the County, the Town of Smithfield and the Town of Windsor radio communications for day -to -day operations and manmade or natural disasters in Isle of Wight County. 13 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized 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. Inga Johnson, Department of Emergency Services, updated the Board regarding the EMS Revenue Recovery Program which had previously been outsourced to a billing agency. She advised that a review and tracking process was implemented by staff in 2012 and produced a net gain of $145,000. She advised that the implementation of in -house billing was initiated on July 1, 2013 and reflects a $99,000 increase for the first seven (7) months of the year. Ms. Johnson stated due to an increased request from attorneys and private individuals for medical records, staff recommends the implementation of a fee schedule to be centralized out of that Department consisting of $35 for attorney /patient requests and $10 for subpoena documents. Chairman Hall moved that staff be authorized to draft up an appropriation resolution for the Chairman's signature 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 ADMINISTRATOR'S REPORT Jason Gray, Director of Information Technology, provided a demonstration on the equipment upgrades in the Board Room. He credited Rob Wilson for his involvement in this project which included installation of ceiling - mounted remote - controlled TV cameras, additional TV's for the audience's viewing in the Board Room and in the lobby, the removal of unsightly cables and microphone enhancements. County Administrator Caskey requested the Board's authorization to update the Board's 2011 Strategic Plan by inserting a new date of 2012 -2013. Chairman Hall requested staff to revise the date of the Strategic Plan and return it for formal action by the Board. Mr. Robertson presented a tentative budget calendar and requested the Board to block the following dates for budget meetings on their respective calendars: Isle of Wight County Proposed FY2013 -14 Budget Calendar 14 X January 28, 2013 Operating Budget (Kickoff) memo goes to Departments and Agencies X February 5, 2013 PC — CIP Work Session X February 6, 2013 Budget Retreat X February 8, 2013 Send ad to paper for PC CIP Public Hearing to run on February 13th & 20th X February 13, 2013 Ad to run for PC CIP Public Hearing February 20, 2013 Ad to run for PC CIP Public Hearing February 20, 2013 Operating Budgets Due from departments /agencies February 26, 2013 PC — Public Hearing /Adoption of CIP February 28, 2013 Revenue Forecast from Commissioner of Revenue (tentative) _ March 18, 2013 BoS — Budget Work Session (CIP) _ March 21, 2013 BoS — Budget Work Session — Authorize CIP Public Hearing for April 18th March 29, 2013 Send ad to paper for BoS CIP Public Hearing to run on April 3rd & 10th March 29, 2013 Receive Schools Budget April 3, 2013 Ad to run for CIP Public Hearing April 8, 2013 BoS — Budget Work Session, Authorize BoS Budgets Public Hearing April 10, 2013 Ad to run for CIP Public Hearing _ April 12, 2013 Send ad to paper for BoS Operating Budgets to run on April 17th & 24th April 15, 2013 BoS — Budget Work Session April 17, 2013 Ad to run for BoS Budgets Public Hearing _ April 18, 2013 BoS — Adopt CIP, Authorize Public Hearing on Tax Rate Ordinance, Personal Property Tax lR Relief Ordinance, Water Rate Ordinance, Appropriation Ordinance (5/16/13) April 22, 2013 BoS — Budget Work Session _ April 24, 2013 Ad to run for BoS Budgets Public Hearing April 26, 2013 Send ads to paper for BoS Public Hearing on Tax Rate Ordinance, Personal Property Tax Relief Ordinance, Water Rate Ordinance, Appropriation Ordinance (5/16/13) April 29, 2013 BoS — Budget Work Session _ May 1, 2013 Ads to run for BoS Public Hearing on Tax Rate Ordinance, Personal Property Tax Relief Ordinance, Water Rate Ordinance, Appropriation Ordinance May 2, 2013 Public Hearings /Adoption: Adoption of Tax Rate Ordinance, Personal Property Tax Relief Ordinance, Water Rate Ordinance, Appropriation Ordinance _ May 6, 2013 BoS — Budget Work Session May 8, 2013 Ads to run for BoS Public Hearing on Tax Rate Ordinance, Personal Property Tax Relief Ordinance, Water Rate Ordinance, Appropriation Ordinance May 16, 2013 Adoption of Schools /County Operating/Capital Budgets; Adoption of Tax Rate Ordinance, Personal Property Tax Relief Ordinance, Water Rate Ordinance, Appropriation Ordinance Legend GREEN indicates Advertisements BLACK indicates Board of Supervisors' dates BLUE indicates CIP RED indicates Schools ORANGE indicates Commission of Revenue Michael W. Terry, Director of Budget and Finance, advised that a preliminary insurance rate from Wells Fargo Insurance Services will be 16 available for the Board at its March 21, 2013 meeting from the County's consultant. Mr. Terry recommended that the Board defer action on the issue of the School's FY 2011 -12 Open Purchase Orders (Encumbrances) Carryover Accounting and Reporting until staff has additional information. Supervisor Casteen moved that the Board postpone action until its March 21, 2013 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. Regarding the issue of FYE 2012 Textbook Fund, Mr. Terry advised that County staff will be meeting with School staff next week to resolve whether there will be carryover funds to be returned to the School Division or if there is a reversion amount to be returned to the State. Mr. Terry presented the Fiscal Year 2012 -13 Monthly Financial Reports for County and Schools for the Board's information. Regarding a request from Supervisor Casteen concerning a listing of all checks issued by the County above $10,000, Mr. Terry advised that providing such information to the Board will result in staff having to conduct additional research. Supervisor Casteen moved to include in the Consent Agenda a report copying or listing all checks issued by the County above the amount of $10,000. The motion was defeated by a vote of (2 -3) with Supervisors Casteen and Bailey voting in favor of the motion and Supervisors Darden, Alphin and Hall voting against the motion. Regarding a request from Supervisor Bailey for a review of commercial landscaping requirements, Supervisor Bailey moved that the County's landscaping requirements for commercial developments be reviewed by staff and Planning Commission to make it less restrictive and more business friendly. 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 presented a request for a small boat access ramp on the Blackwater River. County Attorney Popovich advised that the County had secured the property under discussion as a result of it being located in a flood zone. He advised that his office has been unsuccessful in locating the three (3) other individuals who have an interest in the property. He expressed concern that should the County make an improvement to the property, the possibility does exist that an owner could object and he recommended that the Board use eminent domain to condemn the property for use as a public purpose. 17 Supervisor Alphin moved to authorize the County Attorney's office to advertise for public hearing the exercising of eminent domain relative to Tax Map parcel 45A -01 -025 for the Board's March 21, 2013 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. Robertson updated the Board consideration by the General Assembly. APPOINTMENTS regarding legislative matters under Supervisor Darden moved that Mike Stephens be appointed to serve on the Blackwater Regional Library Board replacing Dorothy G. Gwaltney and representing the Windsor District. 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 James P. O'Briant, III be reappointed to the Planning Commission Development Review Committee representing the Windsor District. 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 Arthur E. Berkley be reappointed to the Bicycle & Pedestrian Facilities Committee representing the Newport District. 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 Connie Henderson be reappointed to the Blackwater Regional Library Board representing the Newport District. 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 Casteen moved that Ron Pack be reappointed to serve on the Industrial Development Authority representing the Smithfield District. 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 Ed Easter be appointed to serve on the Board of Zoning Appeals replacing Jody Easter and representing the Newport District. 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 Hall moved that Bob Harris be appointed to serve on the Planning Commission replacing James B. Brown, Jr. and representing the Hardy District. 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. OLD BUSINESS There was no old business offered for discussion. NEW BUSINESS' Regarding Verizon service in the Smithfield area, Supervisor Casteen moved that the County Administrator be directed to write a letter to Verizon advising that citizens are not being served in a reasonable manner. 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. Regarding the Debnam family who lost their home due to a fire, Supervisor Darden moved that the County waive any permit fees associated with the building of another home for that family. 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. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Code of Virginia concerning consultation with legal counsel requiring the provision of legal advice pertaining to contractual opportunity with the communities of distinction and under Section 2.2- 3711.A.6 regarding discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected. Supervisor Darden moved that the Board enter the closed meeting for the reasons stated by 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. Supervisor Bailey moved to 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. Supervisor Darden moved to adopt the following Resolution: CERTIFICATION OF CLOSED MEETING 19 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. 1Zeng- AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Darden moved to authorize the Director of Economic Development to proceed with the economic development incentives 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. ADJOURNMENT At 9:30 p.m., Chairman Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Carey Alls Storm, Clerk 20 J A t W. Hal , hairman