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08-27-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-SEVENTH DAY OF AUGUST IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Rex W. Alphin, Chairman Delores C. Darden, Vice -Chairman Rudolph Jefferson Alan E. Casteen Byron B. Bailey Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., the Chairman called the meeting to order. CLOSED MEETING The following matters were identified as matters for discussion in closed meeting by County Attorney Popovich: Under Section 2.2-3711(A)(1) concerning a discussion regarding the appointment of specific appointees to County boards, committee or authorities; under Section 2.2-3711(A)(1) concerning a discussion regarding the performance of two (2) specific public appointees; and, under Section 2.2-3711(A)(7) concerning consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to potential annexation by the Town of Smithfield. Supervisor Casteen moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor 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, 1 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: Alphin, Darden, Jefferson, Casteen and Bailey NAYS: 0 ABSENT DURING MEETING: 0 H At 6:00 p.m., Supervisor Darden delivered the invocation and the Pledge of Allegiance to the Flag was conducted. APPROVAL OF AGENDA Supervisor Casteen moved that the agenda be approved as amended under the County Administrator's report to move Item (F), Resolutions — Davis Bacon Compliance Funding Request from the Schools, to follow Item (A), a status report on the County's financial performance for the fourth quarter of FY2015 and that an Item (K), Communities of Friendship between the County of Isle of Wight, the Town of Smithfield, the City of Luohe, Henan, China and a district within the City of Luohe be added. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Resolution to Accept and Appropriate Insurance Proceeds for Sheriffs Department Vehicle and Equipment Repairs B. Resolution to Accept and Appropriate a Victim Witness Program Grant 14 C. Resolution for an Annual Day of Remembrance and Honor on September I lt' for Isle of Wight County D. July 16, 2015 Regular Meeting Minutes Supervisor Darden moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS There were no regional reports offered by the Board. APPOINTMENTS Supervisor Darden moved that John Henry Yow, Il be appointed to fill the unexpired term of Connie Henderson representing the Newport District on the Blackwater Regional Library Board. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Catherine Funk be appointed as the At -large member, replacing Marian Neighbors on the Blackwater Regional Library Board. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Nancy Mayo be appointed as the Ex -Officio member on the Comprehensive Services Act/Policy & Management Team. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Delores C. Darden be reappointed to serve on the Hampton Roads Economic Development Alliance. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Chairman Alphin be appointed to serve as the Alternate on the Hampton Roads Transportation Planning Organization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 3 Supervisor Jefferson moved that Lt. James Pope be appointed to serve on the Southeastern Virginia Alcohol Safety Action Program. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Joseph Spratley, Jr. be reappointed to serve on the Senior Services of Southeastern Virginia. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCE An overview of the Fall Recreation Program Guide was provided by Mark Furlo, Director of Parks and Recreation. Danny Byrum, Chairman, Isle of Wight County Fair Committee, updated the Board regarding progress made to date with regard to the upcoming 2015 Fair scheduled for September 17' through the 20th. CITIZENS' COMMENTS Vicki Petkewicz, on behalf of Dick Grice of Smithfield, expressed Mr. Grice's recommendation that data, mapping and engineering procured for the ISLE2040 Plan not be discarded, but saved for the upcoming Comprehensive Plan in 2018. He further recommended making water, sewer and gas service for the Shirley T. Holland Industrial Park the County's priority utility project; that the Gatling Pointe waterline project be placed on hold and the current water/sewer service agreement renewed with the Town of Smithfield; that an intergovernmental water and sewer taskforce be developed which includes current and previous engineering companies and qualified volunteers for the development of a comprehensive county -wide water and sewer distribution plan identifying short-term water usage opportunities and a long-term program that combines all water sources; that the County Administrator be directed to develop a budget providing for such taskforce funding; and, that the taskforce be charged with having recommendations available no later than June of 2016. Sheriff Mark Marshall spoke favorably of Sheriffs Department employees' inclusion under the County's Pay and Classification Plan. Edmond Easter of Yellow Rock Road reported on the paving of Yellow Rock Road and complimented staff for its high level of professionalism. Sam Cratch, member of the Carrollton Volunteer Fire Department, addressed the unresolved issue of a signed Facilities Use Agreement with that Department. He requested the Board to accept the Facilities Use Agreement agreed to by all seven of the County's volunteer agencies and to restore 4 funding to the Carrollton and Windsor Volunteer Fire Departments. He requested that the positions of Administrator and Manager be reviewed for differences. Debbie Bales Cratch of Carrollton spoke favorably of the execution of the Facilities Use Agreement developed and agreed to by all County volunteer agencies. Steve Test, Attorney with Williams & Mullins, the law firm representing the Carrollton and Windsor Volunteer Fire Departments, recommended that the issue regarding the petition for payment of contributions to the Carrollton/Windsor Volunteer Fire Departments under Old Business be tabled until the Board's September meeting to allow for additional discussion of the few remaining issues of concern which he believes can be resolved. Diane Jones of Carrsville requested the restoration of funding to the Carrollton and Windsor Volunteer Fire Departments, noting it is the duty of the Board to work towards a resolution of this issue. Albert Burckard of Carrollton spoke in opposition of the recently acquired certification by the Chief of Emergency Services to conduct fire inspections of County businesses. Rick Gillerlain of the Newport District spoke in favor of the Board's recent vote to deny the ISLE2040 Plan. Andrew C. Gregory, Vice -Mayor, Town of Smithfield, on behalf of the Smithfield Town Council, requested the Board to reconsider any future action to extend the waterline to the Gatling Pointe and Battery Park communities. Frank Taylor of Carrollton addressed the stormwater fee charged to County residents and requested that action be taken to require that animal owners discard of their animal's waste. Vicky Hulick of the Newport District spoke in opposition to the proposed waterline for the Gatling Pointe and Nike Park areas and in favor of paid firefighters. Herb DeGroft of Mill Swamp Road spoke in support of the comments made by Vice -Mayor Greggory with respect to the waterline extension to Gatling Pointe and in opposition to the Nike Park Road bike/pedestrian walking trail. Dale Scott, member of the Windsor Volunteer Fire Department, requested funding be restored to that Department as a first step in working towards a resolution of a signed Facilities Use Agreement with that organization. Fred Mitchell, member of the Carrollton Volunteer Fire Department, distributed a copy of a letter from the Virginia State Firemen's Association in support of the volunteers of the County. He referred to a lack of cooperative effort between the Board and County residents and recommended that action be taken at this point of the agenda to postpone discussion on the issue under Old Business with respect to the petition for the payment of contributions to the Carrollton/Windsor Volunteer Fire Departments. Betsy Egan of Smithfield commented on the flawed Gatling Pointe waterline preliminary engineering report included in the agenda and disputed the County's justifications provided for such waterline. County Administrator Seward was requested by Chairman Alphin to contact Frank Taylor concerning his comments regarding stormwater fees. Supervisor Casteen responded to comments made regarding restored funding for the Carrollton and Windsor Volunteer Fire Departments and advised that operating expenses for those departments not having signed a Facilities Use Agreement with the County will be paid; however, they must first be submitted to staff for payment. Supervisor Jefferson commented previous action to withhold funds was a decision made by the Board, not by the County Administrator and he provided clarification that the County does not have a residency requirement for its employees. Supervisor Bailey recommended postponing discussion and action on the Carrollton and Windsor Volunteer Fire Departments issue under Old Business in anticipation of an agreement being reached in the very near future. Jeff Terwilliger, Chief of Emergency Services, responsive to comments offered by Albert Burckard earlier under Citizens Comments, provided clarification that the County's fire official is required to have certain minimal training as outlined in the Statewide Fire Prevention Code to include the recent certification course referenced. PUBLIC HEARINGS Chairman Alphin called for a public hearing on the following: A. Zoning Classification Change for 3.5 Acres on Whispering Pines Trail from General Commercial (GC) to Rural Agricultural Conservation (RAC) for Continued Use of Property as a Campground and Campground Store. L Beverly H. Walkup, Director of Planning and Zoning, provided an overview of the application and advised that the Planning Commission recommends approval of the rezoning, as well as staff. Chairman Alphin called for persons to speak in favor of or in opposition to the sale of the building. No one appeared and spoke in favor or in opposition. Chairman Alphin closed the public hearing and called for comments from the Board. Chairman Alphin moved that the application be approved, as recommended by the Planning Commission and staff. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: B. Conditional Use Permit to Withdraw Properties at 18222 Longview Drive from the Longview Agricultural/Forestal District to Allow for a Solar Farm to be operated on the site. Richard Rudnicki, Assistant Director of Planning and Zoning, made reference to a letter of opposition dated August 8, 2015 which was placed at the Board's seats prior to the opening of the public hearing from Sharon W. Krumpe on behalf of Shirley Wilson and Kathy Holmes. He advised that the Planning Commission recommends approval of the CUP and removal from the Agricultural Forestal District and staff recommends approval as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the sale of the building. No one appeared and spoke in favor or in opposition. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved to approve the Conditional Use Permit to withdraw properties at 18222 Longview Drive from the Longview Agricultural/Forestal District to allow for a solar farm to be operated on site. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: 7 C. Resolution to Amend the Comprehensive Plan to Revise Map 4-9 Newport Development Service District Land Use Plan Trenton Blow, Planner, presented background information on the Comprehensive Plan amendment which will allow for a conservation easement on two parcels of land owned by Brewer's LLC located east of Route 10/32 and south of Route 32/25 to protect the environmentally sensitive land. He stated the only weakness noted was that the commercial zoning on parcel 33-01-013A is not consistent with a permanent conservation easement. He advised that the Planning Commission voted to recommend approval to the Board consistent with the recommendation of staff to approve the application contingent upon the applicant not contesting the change in zoning for parcel 33-01-013A to RAC after the completion of the conservation easement. Chairman Alphin called for persons to speak in favor of or in opposition to the sale of the building. Tom Stokes of Granby Street in Norfolk clarified that the easement applies to only a portion of the larger parcel, but not the entire parcel. Matt Smith, Attorney representing Brewer's LLC, appeared and offered to address any questions. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Resolution be adopted with staff's recommendation that the application be contingent upon the applicant not contesting the change in zoning for parcel 33-01-013A to RAC upon completion of the conservation easement process: RESOLUTION TO AMEND THE COMPREHENSIVE PLAN TO REVISE MAP 4-9 NEWPORT DEVELOPMENT SERVICE DISTRICT LAND USE PLAN WHEREAS, Brewers LLC requested a change to the Isle of Wight County Comprehensive Plan, specifically Map 4-9 Newport Development Service District Land Use Plan, affecting 111.442 acres composed of two parcels of land (parcel 33-01-013A consisting of 6.442 acres and parcel 33-01-014 consisting 105 acres) located east of Route 10/32 and south of Route 32/258 in the Windsor Election District for the purpose of amending the land use designation from Business & Employment and Suburban Estate to Resource Conservation for the establishment of a conservation easement; and, WHEREAS, on July 28, 2015 the Planning Commission in accordance with Section 15.2-2229 of the Code of Virginia, by resolution, recommended the approval of the amendment to the Comprehensive Plan, and, n. WHEREAS, the Isle of Wight County Board of Supervisors, upon recommendation of the Isle of Wight County Planning Commission, finds it advisable to amend the Comprehensive Plan, specifically Map 4-9 Newport Development Service District Land Use Plan, and, WHEREAS, the Isle of Wight County Board of Supervisors has given notice and held a public hearing on said amendment to the Comprehensive Plan on August 27, 2015, as required by Section 15.2-2204 of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors hereby adopts the revisions to Map 4-9 Newport Development Service District Land Use Plan of the Isle of Wight County Comprehensive Plan, as requested by Brewers LLC. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT Michael W. Terry, Director of Budget and Finance, provided a status report on the County's financial performance for the fourth quarter of FY2015. County Administrator Seward presented a request from the Isle of Wight County School Board concerning a Davis Bacon construction funding request in the amount of $2,789,456 relative to final payments associated with the construction of the Georgia D. Tyler Middle School. Anthony Hines, School Administration, advised that this is the final request from the School Board regarding Davis Bacon restitution which will be in the thousand dollar amount and that any future requests will be in the hundred dollar amount and will be paid from the School's Operating budget. Chairman Alphin moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE GENERAL FUND UNASSIGNED FUND BALANCE FOR PAYMENT OF DAVIS- BACON ACT EXPENSES ASSOCIATED WITH THE GEORGIE D. TYLER MIDDLE SCHOOL PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a request from the Isle of Wight School Board for the payment of Davis -Bacon Act related invoices in the amount of $2,789,456 as presented by the U.S. Department of Labor for the Georgie D. Tyler Middle School Project; and, 9 WHEREAS, the Capital Reserve Account (GTMS) established by the Board of Supervisors for payment of Davis -Bacon Act expenses has an available balance of $255,261; and, WHEREAS, the remaining funds needed for final payment of the Davis -Bacon Act invoices in the amount of $2,534,195 is available for appropriation from the General Fund Unassigned Fund Balance. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia authorizes the appropriation of $2,534,195 from the General Fund Unassigned Fund Balance to the Capital Reserve Account (GTMS) to provide for payment of Davis -Bacon Act invoices associated with the Georgie D. Tyler Middle School Project. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized by the Board of Supervisors to make the appropriate accounting adjustments 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 Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing (Windsor Middle School): Chairman Alphin moved that the following Resolution be adopted: RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, Isle of Wight County, Virginia (the "Borrower"), has undertaken the acquisition, construction and equipping of Windsor Middle School (the "Project"); WHEREAS, the Borrower has incurred or reasonably expects to incur additional costs related to the Project; and WHEREAS, the Borrower expects to advance its own funds to pay such additional costs related to the project (the "Expenditures") prior to incurring any additional indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 10 I . The Borrower intends to utilize the proceeds of tax-exempt bonds (the "Bonds") or to incur other debt in an amount not currently expected to exceed $3,000,000 to pay additional costs related to the Project. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this resolution confirms the "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo briefed the Board regarding an opportunity for 2015 Virginia Recreational Trails Grant funds for an ATV trail in the Heritage Park Master Plan. Questions raised by the Board with respect to potential noise, hours of use, fees and staffing were addressed by Mr. Furlo and questions with respect to liability were addressed by County Attorney Popovich. Supervisor Jefferson noted opposition to the County providing a place for youth to ride ATV's and expressed concern with the ability of the County to ensure that riders sign the required waiver. 11 County Attorney Popovich advised that ATV riders must first sign the required waiver before they are issued a sticker by the County and any rider who has not signed such a waiver is considered a trespasser and the County has no legal obligation to reimburse that rider for any injury sustained as such. Supervisor Casteen moved that the following Resolution be adopted: A RESOLUTION AUTHORIZING THE SUBMISSION OF A VIRGINIA RECREATIONAL TRAILS GRANT APPLICATION WHEREAS, the County's adopted Heritage Park Master Plan provides for an ATV Trail at Heritage Park; and, WHEREAS, federal funding for the construction of the ATV Trail is available through the Virginia Department of Parks and Recreation Recreational Trail Program (RTP). NOW, THEREFORE, BE IT RESOLVED THAT: I The County Administrator be authorized to make formal application to the Virginia Department of Conservation and Recreation (DCR) for funding assistance; 2. Any fund assistance received be used for implementation and completion of the Heritage Park ATV Trail within the specified time frame; 3. Isle of Wight County hereby certifies that project funding is currently available and is committed for the completion of this project while seeking periodic reimbursement through the Recreational Traits Program. 4. We are aware that the RTP funding, if approved, will be paid on a reimbursement basis. This means we may only request payment after eligible and allowable costs have already been paid to our vendors and evidence of such has been provided to DCR. 5. We acknowledge that the assisted trail project will have an assigned life expectancy assigned to it and that the facility must be maintained to standards suitable for public use. 6. We acknowledge that we are responsible for compliance with the National Environmental Policy Act, Endangered Species Act, Historic Preservation Act, Executive Orders 11988 and 11990 ( Floodplain Management and Wetlands Protection) and all other applicable state and federal laws; 12 7. We acknowledge that appropriate opportunity for public comment has been provided on this application and evidence of such is a required component for approval. 8. This resolution becomes part of a formal application to the Virginia Department of Conservation and Recreation. The motion was adopted by a vote of (3-2) with Supervisors Alphin, Bailey and Casteen voting in favor of the motion and Supervisors Jefferson and Darden voting against the motion. Following a PowerPoint presentation by Mary Beth Johnson, Director of Human Resources, regarding the Pay and Compensation Classification Study recently performed by Evergreen Solutions, LLC. which incorporates positions within the Sheriffs office, Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO AMEND THE POSITION CLASSIFICATION AND COMPENSATION PLAN RECOMMENDED AS PART OF THE CLASSIFICATION AND COMPENSATION STUDY PERFORMED BY EVERGREEN SOLUTIONS, LLC WHEREAS, the Board of Supervisors approved the FY 2015-2016 Position Classification and Compensation Plan in accordance with the Annual Operating Budget; and, WHEREAS, the Board of Supervisors desires to amend the FY 2015-2016 Position Classification and Compensation Plan resulting from the Classification and Compensation Study performed by Evergreen Solutions, LLC, as referenced in the attached exhibit, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the FY 2015-2016 Position Classification and Compensation Plan is hereby amended effective October 1, 2015 and shall remain in effect until amended by the Board. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Super -visor Casteen further moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE 111, SECTIONS 3.3 AND 3.6 AND ARTICLE IV, SECTIONS 4.3-4.6 OF THE COUNTY POLICY MANUAL WHEREAS, the Board of Supervisors desires to amend the County Policy Manual, Chapter 1: Personnel, Article 111, Sections 3.3 and 3.6 and Article 13 IV, Sections 4.3-4.6, which currently establishes provisions regarding maintenance of the compensation plan and salary administration rules; and, WHEREAS, the amendments of the County Policy Manual are necessary in order to ensure appropriate maintenance and administration of the County's Classification and Compensation system in accordance with the amended FY 2015-2016 Position Classification and Compensation Plan as recommended by the Classification and Compensation Study performed by Evergreen Solutions, LLC. NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article 111, Sections 3.3 and 3.6 and Article IV, Sections 4.3-4.6 of the County Policy Manual are hereby amended effective October 1, 2015 and shall remain in effect until amended by the Board. ARTICLE III Compensation Plan (Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006, June 1, 2006, April 16, 2015, October 1, 2015) Section 3.3 (Revised June 1, 2006, October 1, 2015) Salary Increases The performance of regular full-time and regular part-time employees shall be reviewed annually. If funding is available, an employee may be entitled to a salary increase for successful job performance. Performance increases shall be awarded to employees in accordance with the County's performance evaluation system. Probationary employees are not eligible for merit -based salary increases during the probation period. 3A'hen an empleyee's position is reelassified, his�her- salary shall be adjusted to at least the Fflinimufn rate of the new grade, )Alhen an empleyee's positien is reelassified to a lower pay gfade, and hisalary is above the maxiffitiffi for- the lower grade, the eemployee shall be permitted to eontinue at his/her present fate ef pay during the period of ineumbeney but the employee shall not be entitled to a salafy inefease. An employee's salary may not exceed the maximum of his/her pay range. Full-time employees at the maximum of their range, who would otherwise be eligible for a merit increase, will receive a payment for that portion of his/her merit increase which exceeds the maximum of the pay range. The payment will be made in four installments in the pay period nearest the following dates: July 1, October 1, January 1, and April 1. The payment will not be included in the calculation of VRS contributions, Employee salary adjustments may be necessary on occasion to address internal salary compression, external pressure in high demand areas, and/or 14 retention issues. Such equity adjustments to salaries require the approval of the County Administrator. Section 3.6 (revised October 1, 2015) Maintenance of the Compensation Plan The County Administrator shall make, or cause to be made, a comparative study of all factors affecting the County's compensation plan. The study shall be undertaken at least every two years every three to five years and shall consider rates of pay for comparable positions in public and private employment in the area, fringe benefits, cost of living to date, the County's financial condition and other pertinent factors. In order to avoid the compounding of changes in cost of living over time and to remain competitive with market peers, the pay structure (pay ranges) and salaries shall be adjusted annually by a cost of living adjustment (COLA) equal to the consumer price index (CPI). The County Administrator shall recommend changes to the compensation plan to the Board of Supervisors. The Board of Supervisors shall make changes to the compensation plan as appropriate. ARTICLE IV Conditions of Employment (Revised November 6, 2000, April 7, 2005, December 15, 2005, February 2, 2006, October 16, 2006, March 1, 2007 June 14, 2007, October 16, 2014, November 20, 2014, October 1, 2015) Section 4.3 (Revised October 16, 2006, October 1, 2015) Promotion A promotion is defined as the graduation to a job with increased duties and responsibilities. A promotion shall be accompanied by an increase in compensation. When an employee is promoted to a position in a higher class, his/her salary the new pay grade, depending en qualifieations shall be increased by a minimum of five percent (5%) and/or have his/her salary be brought up to their new grade minimum (whichever is greater) so that internal equity of salaries within the classification can be preserved. Any additional salary increase above the minimum required requires approval by the County Administrator in instances of extenuating circumstances. Promotional salary increases shall be effective on the first day of the pay period. 15 Section 4.4 (Revised December 15, 2005; March 1, 2007, October 1, 2015) Demotion A demotion is defined as the assignment to a position with a decrease in duties and responsibilities. When an employee is demoted he/she will be paid at a rate which is within the range of the lower position. The rate of salary reduction shall be at least five percent (5%) for- eaeh grade reduetion and/or his/her salary shall be no less than the new grade minimum. If the employee's resulting salary is above the maximum of the new salary grade, the employee shall be placed at the maximum of the new salary grade. The County Administrator may grant an exception to the salary decrease requirements when the pay grade reduction is in support of organizational objectives and is not a result of a disciplinary action, provided the employee's salary does not exceed the maximum of the assigned pay range. Section 4.5 (Revised April 7, 2005, October 1, 2015) Reclassification Reclassification is not considered a promotion or demotion. When an empleyee's position is reelassified his�her- duties have .A reclassification is defined as a change to the class title or the grade assigned to a particular class title due to changes in the scope of work performed, duties, or responsibilities assigned to the classification. An employee whose position is reclassified to a higher salary grade shall receive a salary adjustment to at least the fninimum of the new grade. of a minimum of five percent (5%) and/or have his/her salary be brought up to their new grade minimum (whichever is greater) so that internal equity of salaries within the classification can be preserved. When an employee's position is reclassified to a lower salary grade and his/her present salary is above the maximum for the lower grade, the employee shall be permitted to continue at his/her present rate (except in the event of a general service -wide reduction). The employee will not be entitled to a salary increase until salary grade adjustments allow for an increase within the new grade. Section 4.6 (Revised November 6, 2000, October 1, 2015) Transfer a. A transfer to a position in the same salary grade n -+ay shall not result in 16 an increase in �.aj,. A transfer-, which is not the result of a department/division reorganization, may fesult in a pfomotien of demetion. A transfef as a result of r-eerganization, whieh fesults in the elimination ef some positions, shall not be eensidefed either a promotion of demetion. b. A transfer from one County Department to another County Department or, from the Isle of Wight County Public School System, Department of Social Services and/or Isle of Wight Constitutional Officers employment, shall have their unused and uncompensated leave balances transferred and maintain their seniority, subject to the limitation for maximum time of leave allowed to be accumulated under County policy provided: Not more than 30 days lapse of time between the date of termination from said Departments, Boards and Agencies to employment by the County. d. The employee is a regular full-time employee who leaves the previous Department, Board or Agency in good standing. The transfer or employment of said employee has been approved by the County Administrator or his designee and the leave balances do not exceed the maximum amount of time allowed to be accumulated under County policies. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved to authorize execution of the following Memorandum of Agreement between the Board of Supervisors and Sheriff Mark A. Marshall, effective October 1, 2015: MEMORANDUM OF AGREEMENT THIS AGREEMENT, is made effective the I" day of October 2015, by and between the Board of Supervisors, (hereinafter called the "Board"), Isle of Wight County, Virginia, a political subdivision of the Commonwealth of Virginia, having its main place of business at 17090 Monument Circle, P.O. Box 80, Isle of Wight, Virginia 23397 and the Office of Sheriff Mark A. Marshall, Sheriff of Isle of Wight County, (hereinafter referred to as the "Office"), having its main place of business at 17110 Monument Circle, P.O. Box 80, Isle of Wight, Virginia 23397. The Board and the Office may hereinafter be referred to individually as "Party" or jointly as the "Parties". WITNESSETH WHEREAS, the Office is desirous of having employees of the Office qualify 17 for and abide by the current Isle of Wight County pay plan (hereinafter referred to as the "Plan"), as may be amended from time to time, and WHEREAS, the Board is willing to include Office employees within the Plan. NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, the Parties agree as follows: 1. The Board agrees to place Office employees in full- or part-time regular positions included in the Plan subject to the County's classification and compensation personnel policies. Unless specifically stated, this Agreement shall not apply to the Sheriff of Isle of Wight County, himself, except in the provision of employee benefits, and shall not apply to the obligation of the Office abiding by personnel policies not associated with classification and compensation matters. 2. The Parties agree that by virtue of the execution of this Agreement that all Office employees shall be included under the County's Plan and associated personnel policies associated exclusively with classification and compensation. The Plan shall include salary and all considerations relevant thereto and any and all benefits set forth thereunder. The Plan and associated policies pertaining to classification and compensation includes, but is not limited to, the classification of all Office employees within the County's schematic listing of job titles and pay ranges, rules, regulations, policies and safeguards involved with the setting or adjusting of compensation. The Office shall coordinate with the County's Department of Human Resources on all classification and compensation matters. 3. The Parties agree that all paychecks and all payroll deduction checks shall be issued through the County's Department of Budget and Finance with reimbursement by the Commonwealth of Virginia or the Office, when appropriate, made to the credit of the County General Fund. 4. The term of this agreement shall commence from the effective date of this Agreement and shall terminate at the end of the Sheriff's elected term. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. A PowerPoint presentation on impacts to the County associated with annexation was provided by County Administrator Seward. IN Don Jennings, Engineering, reported on the results of the preliminary engineering report for water improvements at Nike Park which resulted in staff's recommendation of (Route 5) an alignment between Carrollton and the Gatling Pointe community at a cost of $3.8 million and based on criteria of cost, environmental effects, easement acquisition, landowner effects and traffic impacts. Supervisor Casteen moved that staff be authorized to proceed with presentation of the preferred waterline alternative to the Planning Commission in accordance with Section 15.2-2232 of the Code of Virginia (1950, as amended). The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. A PowerPoint presentation was provided by Tom Elder, Director of Economic Development, on current conditions of local economic development in the Camptown Development Service District. Chairman Alphin commented that the appearance of Route 58 traveling towards the City of Franklin, specifically between the road and the railroad tracks and the Airway Shopping Center, is certain to affect marketability in that area. Discussion ensued regarding the potential for running water lines to the City of Franklin and the Board was advised that while there is long-term potential, at this point in time it is not financially feasible as running those lines does not currently provide a return on investment. Amy Ring, Assistant Director of Economic Development, provided a PowerPoint presentation on the current status of the Stoup property; its potential future uses; and, staff's recommendation for authorization to initiate an RFP to lease the property to a private user for the recommended proposed uses of the property or other uses as deemed appropriate by staff. She advised that several real estate brokers had been consulted with regard to whether the existing home should remain on the property or be demolished and it was the unanimous opinion of those experts that the property would be more marketable if the home were removed. Supervisors Casteen and Bailey noted concerns with public safety with respect to ingress and egress of the property should significant activity be encouraged in that area. Jamie Oliver, Transportation Planner, advised the Board that VDOT has recognized that there is an access safety issue at this site and staff is currently considering ways in which the County can partner with VDOT regarding modifications for the use of the emergency signal and the two driveways to ensure safe access to this site. WE Supervisor Darden moved that staff be authorized to issue an RFP to demolish the existing building. The motion was adopted by a vote of (3-2) with Supervisors Alphin, Darden and Jefferson voting in favor of the motion and Supervisors Bailey and Casteen voting against the motion. Mr. Rudnicki provided a quarterly PowerPoint presentation to the Board on the status of major development projects in the County which involved the Benn's Grant development and roadway project; Riverside and St. Lukes Village construction plans; Brewer's Station and Archer's Meade rezonings; The Crossing's pump station and infrastructure plans; site plans and review of pump station for Carrollton Manner; plan approvals for Eagle Harbor, Tract 8, apartments and Dunkin Donuts; site plans review for 7-11; and, the rezoning approval of 17Corner Properties. Charles Meek, Assistant to the County Administrator, relayed the date, time and place selected for the Board's Strategic Planning Retreat and a proposed agenda. Supervisor Bailey moved that the Board's Strategic Planning Retreat be held Thursday, September 24, 2015 beginning at 8:30 a.m. at the Isle of Wight Volunteer Rescue Squad and that the draft agenda for said meeting be approved. The motion was adopted by a vote of (5-0) with Super -visors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. A late item regarding Communities of Friendship between the County of Isle of Wight, the Town of Smithfield, the City of Luohe, Henan, China and a district within the City of Luohe was presented by County Administrator Seward. Supervisor Casteen moved to authorize the Chairman to send a letter of invitation to the leadership of the City of Luohe to visit our communities. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. For the Board's information, the following matters contained in the agenda were highlighted by County Administrator Seward: Monthly Reports: Tax Levies & Collections as of July 2015/Cash Position/Statement of the Treasurer's Accountability; Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; Isle of Wight Sheriffs Monthly Activity Report/July 2015; Isle of Wight Cooperative Extension Monthly Activity Report/July; Isle of Wight Website Statistics/July 2015; Solid Waste Division Litter Pickup; Social Services Report; CIP Calendar; and, VACo Region I Meeting. UNFINISHED/OLD BUSINESS 20 Regarding the issue of the petition for the payment of contributions to the Carrollton/Windsor Volunteer Fire Departments, Supervisor Darden moved that action be postponed until the Board's September 17, 2015 meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS There were no new matters of business offered for discussion by the Board. At 10:35 p.m., the Chairman declared the meeting adjourned. OareWy&s isClerk 21 R'Alphin/haii—rm­an