Loading...
01-08-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND NINE PRESENT: Stan D. Clark, Chairman James B. Brown, Jr., Vice - Chairman Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk /1 Chairman Clark called the meeting to order at 4:00 p.m. Supervisor Brown delivered the invocation. // The Pledge of Allegiance was conducted. Chairman Clark called for nominations for the election of Chairman, Vice - Chairman and Clerk of the Board of Supervisors for the year 2009. Chairman Clark moved that Supervisor Brown be elected as Chairman of the Board for the year 2009; that Supervisor Bradshaw be elected as Vice - Chairman of the Board for the year 2009; and, that Carey Mills Storm be appointed as Clerk to the Board for the year 2009. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for consideration of the Board of Supervisors' meeting schedule for 2009. Supervisor Clark moved that the following 2009 meeting schedule of the Board be adopted, as amended: Thursday, January 8 at 4:00 p.m.; Thursday, January 22 at 6:00 p.m. *; Thursday, February 19 at 6:00 p.m. *; Thursday, March 5 at 5:00 p.m.; Thursday, March 19 at 6:00 p.m. *; Thursday, April 2 at 5:00 p.m.; Thursday, April 16 at 6:00 p.m. *; Thursday, May 7th at 5:00 p.m.; Thursday, May 21 at 6:00 p.m. *; Thursday, June 11 at 5:00 p.m. *; Thursday, July 2 at 5:00 p.m.; Thursday, July 16 1 at 6:00 p.m. *; Thursday, August 6 at 5:00 p.m.; Thursday, August 20 at 6:00 p.m. *; Thursday, September 3rd at 5:00 p.m.; Thursday, September 17` at 6:00 p.m. *; Thursday, October 1S at 5:00 p.m.; Thursday, October 15 at 6:00 p.m. *; Thursday, November 5 at 5:00 p.m.; Thursday, November 19 at 6:00 p.m. *; Thursday, December 3 at 5:00 p.m.; Thursday, December 17 at 6:00 p.m. *; and, Thursday, January 7, 2010 at 5:00 p.m. with advertised public hearings scheduled at 7:00 p.m. on these regular meeting dates. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to proposed dates for the Board's Town Meeting and Strategic Planning Session, staff was directed to return with recommended times and dates. Chairman Brown called for consideration of the Rules of Procedure of the Isle of Wight County Board of Supervisors. Supervisor Clark moved that the Board adopt the Rules of Procedure of the Isle of Wight County Board of Supervisors as amended on Page 7, Item (D) of Article IV — Public Hearings that it will be at the Chairman's discretion. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. The Board concurred with the following Board Committees for 2009: Budget & Finance /CIP — Supervisors Bradshaw and Wright; Building & Grounds — Supervisors Casteen and Clark; Refuse — Supervisors Wright and Bradshaw; Intermodal — Supervisors Bradshaw and Wright; Law Enforcement — Supervisors Clark and Wright; Franklin Intergovernmental Relations Committee — Supervisors Bradshaw and Wright; Smithfield Intergovernmental Relations Committee — Supervisors Brown, Casteen and Clark; Windsor Intergovernmental Relations Committee — Supervisors Bradshaw and Wright; Parks and Recreation — Supervisors Brown, Casteen and Clark; Personnel — Supervisors Bradshaw and Brown; and, Schools — Supervisors Bradshaw and Wright. 1/ Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney's Report, that a request be added to authorize a public hearing at the Board's January 22, 2009 meeting relating to a technical change to Chapter 5, Elections, Article III. Section 5 -11, Enumerated; under the County Attorney's Report, that seven (7) closed meeting items be added; and, that Citizens' Comments be added as Item 5. 2 Supervisor Clark moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for Special Presentations /Appearances. Rowland L. Taylor, Executive Director, Southeastern Public Service Authority, provided an overview of that agency's current financial shortfalls and revenue reductions. He advised that SPSA is currently experiencing a decrease of 141,000 tons of solid waste, which is expected to rise this year to 200,000 tons or above. He stated that SPSA bases its revenue on tonnage, which has been declining over the last four (4) years and revenues received from recyclables and the sale of electricity at the waste -to- energy plant in Portsmouth. He advised that SPSA's budget is currently $102,000,000, of which $40,000,000 is debt service. He advised that SPSA's current debt is $242,000,000 and that the payments on debt, with principal and interest, have increased drastically due to the fact that in the beginning of the organization some of the first debt issued had been done so over a long period of time. He advised that SPSA has a sunset clause of 2018; therefore, no borrowed money can be repaid after 2018. He stated SPSA is now facing a $16.1 million anticipated shortfall in revenue due to the above noted items. He stated that SPSA is currently looking at the divesture of the waste -to- energy plant in Portsmouth, which could include an additional $1 million in consultant and attorney's fees. He stated that SPSA is currently looking at a $2.2 million reduction in its budget, which includes the elimination of 26 positions and that there is speculative revenue that is not included as no contract has been signed at this point in time. He stated that 283,000 tons taken in annually is municipal waste, making up approximately 21% of the total volume and that generally the municipal tipping fee bears the brunt when there is a deficit. He advised that what must happen now is an increase in the tipping fee for six (6) of the eight (8) participating jurisdictions. He advised that the City of Suffolk does not pay a tipping fee as it is the host of the landfill and that the City of Virginia Beach is capped at approximately $53 because of its ash and residue contract with SPSA in the early 1980s. He stated that 79% of the waste stream is not able to receive an increase due to certain contracts already having been signed. He advised that this Board had previously adopted a Flow Control Ordinance in the hope that it would carry the tipping fee back to $80 and increase the commercial fee from $28.80 to $80; however, due to issues involved in the Flow Control Ordinance that are not capable of being litigated at this point in time, SPSA feels that this is not something that can be counted on to bring the rates down. He advised that $245 per ton, which is $141 more than the current tipping fee, is the preliminary tipping fee, which will be advertised for public hearing on Wednesday, January 28, 2009 at 9:30 a.m. 28, 2009. He advised that the increased tipping fee will be in effect at least until the end of 2009 and it is 3 hoped that additional reductions can be made to help reduce the tipping fee; however, SPSA's ability to borrow money from the bond market will result in any needed capital costs having to be done through the tipping fee. He noted that any capital costs will be held to the very minimum and will occur only in relation to the waste -to- energy plant and the landfill. He advised that staff anticipates that it will take approximately 18 -24 months to develop the hybrid plan as directed by the Board of Directors, whereby SPSA would begin to sell off assets such as the landfill, waste -to- energy plant, the transportation component, which could include the transfer stations, and the recycling. He stated that doing so would result in SPSA being more of a contract agency. He advised that State law requires municipalities, in accordance with the Wastewater Act, to adopt a fee that is sufficient to pay the operational cost, the debt service and have some sort of safety net. He stated that an Auditor of Public Accounts report reflects the manner in which SPSA has operated and made its financial decisions through its Board of Directors over the years. He advised that the SPSA Board of Directors has approved a letter to be sent to its member jurisdictions with respect to the recent proposal by Re- Energy. He advised that a FCS report, financed by the Hampton Roads Planning District Commission, has been completed which identifies the type of organization needed after the year 2018 and how it would best suit the community and citizens of the region. He advised that SPSA has received signed contracts from seven (7) of the eight (8) private haulers and that it is important to keep in mind that SPSA consists of eight (8) participating localities and that it has taken 20+ years to get to this point in time. He stated that the current financial model will not work for SPSA and some of the fatal flaws are Board governance, poor financial discipline, too much debt and no reserve and unfunded future liabilities, such as the closing of the landfill. Chairman Brown remarked that the City of Suffolk is not required to pay a tipping fee, yet it is one (1) of the fastest growing localities in terms of demographics, construction debris and waste. He commented that the previous Board of Directors did not anticipate these kinds of changes. Supervisor Wright commented that SPSA has amortized its trucks beyond their life and the previous Board of Directors should be held responsible for the financial condition that SPSA is currently facing. Mr. Taylor remarked that the mind set in the past was to keep the tipping fee as low as possible in hopes that SPSA would not find itself in the financial trouble that it is in today and that in the short term, communities had benefited from the decision to retain a low tipping fee. Supervisor Bradshaw remarked that if the previous Board of Directors had been aware of the long -term impact, that message was not being conveyed to all the elected officials. 4 Mr. Taylor advised that SPSA's current debt service is $40 million for the next five (5) years; however, in 2016, the debt service will decrease to $9 million and $7 million in 2017. He advised that staff is currently meeting with the Virginia Resources Authority and Wachovia Bank to determine if the debt can be restructured. Supervisor Wright inquired if it would be a possibility of the Board of Directors approaching the Cities of Suffolk and Virginia Beach and asking them to join in regionalism by contributing funding. Mr. Taylor replied "yes" and that some discussion has already been held with those jurisdictions. Mr. Taylor presented the following three (3) plans of action for SPSA: Plan (A), which involves no action being taken by SPSA; Plan (B), which involves selling all of SPSA's assets and results in that agency ceasing to exist, leaving all jurisdictions responsible for handling their own solid waste; and, Plan (C), which involves selling all assets necessary to pay off the debt and SPSA becoming a contracting agency. He commented with respect to the sale of SPSA, it would be advantageous to all participating localities if SPSA is operational versus it being a "dead" facility. He advised that SPSA is considering Plan (C), but that Plan (B) is also a possibility, which would require an unanimous vote of all eight (8) participating localities. He advised that the sale of individual parts of SPSA would require a majority vote and that to sell off everything requires an unanimous vote by the Board of Directors. Supervisor Bradshaw inquired what can be done on the County's part to encourage that the process moves in terms of bringing the Cities of Suffolk and Virginia Beach to the table as full partners. Mr. Taylor advised that it would become a political issue that involves individual members continuing to talk with other individual members of Councils and Board of Supervisors of participating localities. Supervisor Bradshaw remarked that the County, City of Franklin and Southampton County are beginning conversations with respect to opening a regional landfill for those three (3) localities. Mr. Taylor advised that there is also the possibility of opening Cells 8 and 9 at the Suffolk landfill, which could potentially be an additional sixteen (16) years beyond 2018. He advised that doing so would require involvement of the Corps of Engineers and the Department of Environmental Quality and that doing so could be a $1+ million dollar process. He advised that to open Cell 7 would require a majority vote of the Board of Directors. Supervisor Bradshaw remarked that the best option is to advise that the County does not want Cell 7 opened and not even discuss the opening of 5 Cells 8 and 9. He stated that the Cities of Suffolk and Virginia Beach need to understand that if the western localities band together and politically move over one (1) more partner, those localities can control SPSA and jeopardize where trash is hauled. He stated this is the message that the western localities need to begin putting on the table that the Cities of Suffolk and Virginia Beach need to begin cooperating. He stated that it needs to be understood that small localities carry a great deal of political clout and that they also have equal voting rights. Mr. Taylor advised that the City of Virginia Beach currently has a landfill and land that is capable of expansion although it has not been approved. Supervisor Wright noted that if the current debt is not repaid, the bond ratings for all eight (8) participating member jurisdictions will be impacted. Supervisor Bradshaw inquired if it is legally possible for the eight (8) participating localities to commit to extending the bond past the year 2018 without extending the life of SPSA. Mr. Taylor commented that without the use and support agreements being extended also, there would be no mechanism with which to charge a fee. He advised that Supervisor Bradshaw's inquiry has been noted and will be further researched. Mr. Taylor concluded his presentation by stating that the next step is for the SPSA Board of Directors to talk individually with the other jurisdictions. He advised that a special meeting of the SPSA Board of Directors had been held yesterday and a preliminary tipping fee was adopted at $245 a ton. He advised that SPSA staff is proceeding to develop a transition plan to move towards Plan (C) of reducing the organization substantially and selling off assets in order to pay down the debt, realizing that to do something of this nature will take approximately 18 -24 months. He further advised that Plan (C) could very possibly transition into Plan (B). /1 Chairman Brown called for Regional Reports. Chairman Brown reported that the Southeastern Public Service Authority will be advertising a tipping rate of $245 on January 28, 2009. County Administrator Caskey reported on the recent Mayors and Chairs meeting, which was hosted by Isle of Wight and Surry Counties and the Towns of Smithfield and Windsor and held at Smithfield Station. Supervisor CIark moved that staff be directed to develop an appropriate resolution recognizing Mayor Oberndorf's contributions for formal 6 presentation at a future Board meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw advised that he would be meeting with the VACo Executive Committee on Wednesday, January 14, 2009 to review the organization of the Committees. He encouraged all interested Board members to fill out and submit their VACo Committee Interest Forms. He commented that it is possible that another meeting will be held with the Governor and his staff to discuss his recommended budget. Supervisor Bradshaw advised that he and Supervisor Wright would be attending the Virginia Agricultural Council Legislative Banquet in Richmond on Thursday, January 15, 2009. 1/ Chairman Brown called for Citizens Comments. W. L. Jones of Windsor advised the Board about a recent incident which involved an elderly resident of the Carrsville District being without electrical power (heat) during the Christmas holiday due to a County inspection procedure which requires that the County make an inspection prior to Dominion Virginia Power being able to reset the meter and restore power. Supervisor Bradshaw moved that staff be directed to discuss the matter further with Mr. Jones and return to the Board with a recommendation to address such issues. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for the County Attorney's report. Interim County Attorney Burton requested that his office be authorized to set a public hearing on an amendment to Chapter 5, Elections, Article III. Section 5 -11, Enumerated at the Board's January 22, 2009. Supervisor Bradshaw moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's January 22, 2009 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for the Community Development report. 7 Beverly H. Walkup, Director of Planning and Zoning, presented the above application for the Board's consideration. She advised that the Planning Commission had recommended approval of the site plan and the modifications to the Master Plan and that the application is consistent with the Comprehensive Plan. She advised that the Historic Architectural Review Committee has approved the building elevations and the signage. Chad Hart, Sentara Hospital, advised that the original Master Plan contained a dedicated easement across the entire frontage of the property; however, if the Board desires a bike lane along Brewer's Neck Boulevard, Sentara is willing to comply. Supervisor Clark noted for the purpose of consistency with other applicants that he would like to see a multi- purpose continuous pedestrian/bike pathway along the frontage of Brewer's Neck Boulevard. Ms. Walkup advised that a condition could be attached to the site plan if the applicant is voluntarily willing to do that. Supervisor Clark moved that the application be approved with the additional condition that the Pedestrian Bikeway Path be constructed by the applicant in the easement that has been provided for them by the applicant, subject to the County's code requirements. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // The application of Sentara Healthcare, owner, and Kimley -Horn and Associates, Inc., applicant, for preliminary site plan approval and minor modifications to the St. Luke's Masterplan for a proposed 52,000 square foot medical clinic /office complex located on 7.1 acres of a 43.12 acre parcel. Chairman Brown called for the General Services report. John Carlock, Hampton Roads Planning District Commission, pursuant to a request by County Administrator Caskey, briefed the Board on the Stormwater Program associated with the County's stormwater permit which is being submitted to the Department of Conservation and Recreation. Chairman Brown inquired how existing BMPs that are not in compliance will be impacted. Mr. Carlock advised that the expectation is that over time BMPS not in compliance would be upgraded as new development occurs or when there is 8 an issue with that particular practice. He remarked that while maintenance is expensive, if it is not done, at some point another BMP will have to be built. Supervisor Bradshaw requested that staff advise what the impact to the County will be with respect to the inclusion of the Chowan River Basin. Interim County Attorney Burton inquired what would the consequence be if the County were found in non - compliance by the Department of Conservation and Recreation. Mr. Carlock advised that the County would be fined $32,500 per day for the number of days in violation. He further advised that at some point if the County is not in compliance with the permit, the State and/or Federal government can issue a Consent Order. Ms. Mazur advised that staff is awaiting receipt of a workload allocation by the Hampton Roads Planning District Commission, which should be completed in February 2009. Supervisor Clark moved that staff be authorized to present the full implications (budget, staffing and resource requirements) required for the General Permit and Stormwater Management Plan for the entire County at the Board's March 5, 2009 meeting, to include the impact of the Chowan River Basis. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for the County Administrator's report. County Administrator Caskey made reference to information contained in the agenda that was provided by VACo and concerns the Governor's proposed 2009 -10 budget recommendations. Supervisor Bradshaw advised that the Board's Finance Committee has requested a joint meeting with the School's Finance Committee to discuss the impact of the 2010 budget cuts and how to best move forward with the development of the budget. Supervisor Bradshaw offered to discuss with Supervisor Clark his recommendations with respect to encouraging the Governor and the General Assembly to make reductions in the area of corrections. He noted that an objective needs to be clearly defined, the desired outcome determined and a plan devised as to how it will be presented. Sheriff Phelps presented a request that certain retirees with the Sheriff's office be authorized to purchase their service weapons. 9 Supervisor Clark moved to authorize the purchase of service weapons by retirees of the Sheriff's Office, as described in the request by Sheriff Phelps. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark also moved to refer the above matter to the County Attorney's office for the formation of an ordinance to address this type of request in the future. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey stated that pursuant to the Board's December 4, 2008 meeting, included in the agenda is a Resolution to Accept and Appropriate Funds from the Compensation Board and Appropriate Funds from the Unappropriated Fund Balance of the General Fund for the Commonwealth's Attorney's Office for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMPENSATION BOARD AND APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR COMMONWEALTH ATTORNEY'S OFFICE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized additional funding for the Commonwealth Attorney's Office; and, WHEREAS, the funds in the amount of seventy-two thousand five hundred dollars ($72,500) needs to be accepted and appropriated from the Compensation Board to the FY 2008 -09 General Operating and Capital Budget; and, WHERAS, funds in the amount of nineteen thousand six hundred dollars ($19,600) needs to be appropriated to the appropriate line items in the FY 2008 -09 General Operating and Capital Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seventy- two thousand five hundred dollars ($72,500) from the Compensation Board and nineteen thousand six hundred dollars ($19,600) from the Unappropriated Fund Balance of the General Fund be accepted and appropriated to the FY 2008 -09 General Operating and Capital Budget of the County of Isle of Wight, Virginia. 10 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized 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 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark requested the Director of Human Resources to contact the Commonwealth's Attorney to determine if he is in agreement with the remainder of his employees being incorporated under the County's Pay and Classification Plan and following the County's policies and procedures. County Administrator Caskey made reference to a report contained in the agenda regarding community welcome signage that are currently authorized. He advised that the approval for the location of the signage in Carrsville, Camptown, Walter and Zuni is anticipated next week. He noted that Supervisor Clark is requesting that staff proceed first with signage for Battery Park and Rescue and in order to do that staff is requesting authorization to transfer up to $10,500 from the Capital Contingency line item to the appropriate line item in the Capital Budget. Supervisor Clark moved to authorize the transfer of up to $10,500 from the Capital Contingency line item to the appropriate line item in the Capital Budget. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 11 Chairman Brown called for consideration of the Consent Agenda. A. Donation Received from the Camp Foundation Resolution to Accept and Appropriate $2,000 in a Donation from the Camp Foundation B. VACo's State Budget Resolution (Resolution to Address State Budget Problems) C. Proposed FY 2009 -10 Budget Calendar D. Network Administrator Position Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Network Administrator 11 E. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 1, Articles V F. Health Insurance Renewal G. Board of Zoning Appeals 2008 Annual Report H. November 5, 2008 Regular Meeting Minutes Supervisor Bradshaw moved that Items (B) and (D) be removed and that the remaining items on the Consent Agenda be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to Item (B): VACo's State Budget Resolution (Resolution to Address State Budget Problems), Supervisor Bradshaw remarked that he recommended that the Resolution be adopted with the exception of the last bullet because as an executive officer of VACo he did not agree with it. He stated that the Northern Virginia communities wanted to have the option to lobby the General Assembly and he did not believe it was realistic. He remarked that he did not believe the County should be advocating a tax increase or have the authority to have a tax increase at this time unless the Board believes that the County should proceed as a locality and support that State position. Supervisor Clark stated that he did not have a problem with the option. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO ADDRESS STATE BUDGET PROBLEMS WHEREAS, Isle of Wight County is committed to ensuring fiscal sustainability at the local and state levels of government because fiscal sustainability enables the Commonwealth and its local governments to provide high quality, cost effective, core public services that benefit Virginians today and for generations to come; and, WHEREAS, the current difficult economic and financial times require government, at all levels, to evaluate service delivery responsibilities and to determine the continued importance of programs meeting critical needs; and, WHEREAS, the Commonwealth must resolve an estimated 2009 and 2010 biennial revenue shortfall approaching $3 billion that may in fact continue to escalate in the near term; and, 12 WHEREAS, Isle of Wight County must resolve significant local revenue shortfalls for these periods as well; and, WHEREAS, the Commonwealth's General Fund supports most critical core government services including public education, health and human resources, including the Comprehensive Services Act, public safety, natural resources and environmental services by dedicating almost 50 percent of the state's General Fund to local governments (with 74 percent of this funding supporting K -12 public education); and, WHEREAS, if one level of government establishes and ensures a priority, it is then incumbent upon that level of government to adequately fund the services necessary to meet that priority; and, WHEREAS, the current economic environment threatens the sustainability of these critical core public services if the Commonwealth is required to reduce its contribution to the financial partnership between the state and its local governments including Isle of Wight County; and, WHEREAS, specific and necessary state budget reductions may impact a wide array of core public services, including but not limited to public education, the Comprehensive Service Act, and public safety, and many local governments, including Isle of Wight County, will absorb significant state reductions in 2009 and may be compelled to increase real property taxes to help ensure the continuation of vital core public services; and, WHEREAS, Isle of Wight County stands ready to partner with the Commonwealth to make the difficult budgetary decisions required, including thoroughly evaluating programs and working together to maintain a structural balance between revenues and expenditures that promotes the long- term viability of our Commonwealth. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia respectfully offers the following budget and revenue recommendations for the 2009 legislative session to the Governor and Virginia General Assembly: • Budget and appropriate sufficient withdrawals from the state's Revenue Stabilization Fund ( "Rainy Day Fund ") to help offset necessary state budget reductions. Global and national financial markets are imbalanced; consequently, Virginia is one of many states facing a significant state revenue shortfall. The Commonwealth is required to replenish the Fund when economic conditions improve, and Isle of Wight County supports recapitalizing the Fund in better economic times. 13 • Before budgeting and appropriating necessary state budget reductions, revisit recent state tax exemptions. Since the late 1990s the state has enacted more than $1.8 billion in net biennial tax reductions and specific General Fund transfers. • Oppose the enactment of new unfunded and under - funded state mandates that will impose new costs on local governments. Additionally, consider repealing specific, unfunded and under- funded state mandates. In the area of public education, the Governor and Virginia General Assembly should consider providing localities and school districts maximum flexibility to i) suspend specific mandates and ii) manage specific public education reductions. • Enact a law authorizing equal taxing authority for counties. Counties should be enabled, like cities and towns, to institute specific taxes, including a meals tax without a referendum. The new sources of revenue would be tailored to the needs of a jurisdiction and could help local governments protect adequate funding for the core government services including K -12 public education, and reduce county dependence on property taxes. • Consider additional possibilities for mitigating the impact of state cuts on local governments. Local governments will have to make significant cuts in services because of flat or decreasing real estate revenues. Permit local governments, at their option, to implement a one -half percent increase in the sales tax as a way to minimize the potential burden passed on to homeowners through increased real property taxes. BE IT FURTHER RESOLVED that Isle of Wight County offers these recommendations in the spirit of compromise and partnership to the Governor and Virginia General Assembly. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to Item (D): Network Administrator Position (Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Network Administrator), Supervisor Bradshaw remarked that while the County is in dire need of the position, he would like confirmation from the Board that it wishes to proceed at this time with this position or can it be delayed. time. The Board concurred with moving forward with the position at this 14 Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR NETWORK ADMINISTRATOR WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the addition of a Network Administrator position; and, WHEREAS, funds in the amount of twenty four thousand three hundred and thirty one dollars ($24,331) needs to be appropriated to the appropriate line items in the FY 2008 -09 General Operating Budget of the County of Isle of Wight, Virginia. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty four thousand three hundred and thirty one dollars ($24,331) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2008 -09 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized 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 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for Appointments. Supervisor Casteen moved to appoint Allan Hanrahan to serve on the Commission on Aging representing the Smithfield District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to reappoint Herb DeGroft to the Board of Directors of the Senior Services of Southeastern Virginia for a third two (2) year term and designate Mrs. Janet Robertson as the County's At -Large appointment to the Board of Directors. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 15 Supervisor Bradshaw moved to reappoint Hazel Edwards to serve on the Southeastern Tidewater Opportunity Project Board of Directors. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to reappoint Andy Aigner to serve on the Tidewater Emergency Medical Services. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Chairman Brown called for Old Business. Gerald H. Gwaltney, Commissioner of the Revenue, presented a carryover item from the Board's December 18, 2008 meeting involving a request to add an additional position in his office to serve as a Tax Compliance Officer. Supervisor Clark inquired why the position could not be contracted out. Mr. Gwaltney advised that the Attorney General has ruled that contracted personnel are not considered Deputy Commissioners and authorized to view confidential information. Supervisor Wright moved that the position be approved from this point in time through June 30, 2009 with the condition that the Commissioner of the Revenue is to provide detailed monthly documentation to the Board which illustrates that the position is generating more money than the cost of the position. The motion was adopted by a vote of (4 -1) with Supervisors Clark, Bradshaw, Brown and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Staff is to develop a resolution appropriating the funds in the amount of $19,626 from the Unappropriated Fund Balance for this position. Judy Wells, Treasurer, presented a carryover item from the Board's December 18, 2008 meeting relative to her request for the expansion of the "Isle Pre -pay" program in the Treasurer's office. She advised that instead of requesting that a part-time position in her office be converted to full -time, she is now requesting that funds to cover the cost of postage and forms to implement the program and that the Board take consideration of the position conversion in the next budget year. Supervisor Bradshaw moved to appropriate $8,700 for 2009 and that the funds be taken from the Unappropriated Fund Balance. Ms. Wells is to provide the Board with a detailed report showing justification for adding a 16 full -time position in 2010. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Bruce Bruchey, Powell Management Associates and Construction Administrator for the new Courts building, addressed the Board regarding two (2) additional service items requested on behalf of the County from Moseley Architects related to fundamental commissioning services, specifically the fine tuning of the heating and air conditioning system for better energy efficiency in following the previous direction from the Board in pursuing the LEED certification. He advised that $100,000 was previously allocated in the project budget for this item, however, Moseley's final proposed fee is $44,850. Supervisor Clark moved that the amendment to the Professional Services Agreement be approved as presented. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mark W. Furlo, Parks Administrator, responsive to the Board's action at its December 18, 2008 meeting, advised that staff has conducted a fee study of charges by other localities related to boat slip fees. He stated that there is only one (1) locality charging a fee that is close to the proposed annual fee of $500 for boats being docked at Tyler's Beach as the rest of the localities are charging fees well over that amount. He stated that he is recommending that the annual registration and user fee be $500 annually. He added that currently staff is working on the bulkhead at that facility and electricity has already been added to the piers. Chairman Brown inquired if Interim County Attorney had researched whether or not the land at Tyler's Beach Boat Harbor had been sold for use by area watermen. Interim County Attorney Burton advised that two (2) of the deeds had indicated that it was in further consideration of the benefits accruing or to accrue to the said party of the first part and others by reason of the location, construction, operation and maintenance of a public harbor of refuge at Tyler's Beach. He advised that other deeds did not even contain that language in them. Supervisor Clark offered a motion to authorize the $500 annual registration and user fee as proposed, but withdrew the motion. Following an inquiry from Supervisor Bradshaw if a public hearing is required for fee changes, Interim County Attorney advised that the Board would need to advise him of the past policy of the Board. 17 Chairman Brown requested that Mr. Furlo research if individual slips were marked on the piers at other commercial boat landings and what type of services were also provided. James Holloway, a commercial fisherman, stated that he was opposed to fishermen being charged a fee of any kind to utilize the boat slips. He stated that he did not want to pay $500 for electricity and someone else be able utilize the power he was paying for in his absence. staff. Mr. Furlo advised that the power boxes could be and will be locked by MacFarland Neblett, a resident of Smithfield, recalled that in the late 1960s or early 1970s, grants were obtained to build this facility for the use of commercial fishermen and watermen. He stated prior to that, boats were anchored off of Tyler's Beach. He stated if a hurricane was expected, the boats would be secured as best they could at Lawnes Creek. He stated the goal of this facility was to provide a safe water anchorage for the commercial fishermen and watermen. He noted that there may be restrictions associated with the grants. Supervisor Bradshaw moved that the matter be referred to the Parks and Recreation Committee for further review and evaluation back to the Board, but withdrew his motion. Peyton Jones, Tyler's Beach oysterman and fisherman, advised that Ann Tyler, who owned and donated the property in the 1960s for the Tyler's Beach oystermen and fishermen. He stated that while he did not mind a fee, he did not want to have to move someone else's boat out of the way every morning in order to get his boat out. Supervisor Bradshaw moved that the fee be zero and that staff be directed to move forward. He withdrew his motion following a recommendation from the Chairman on the background of the harbor. Supervisor Bradshaw moved again that the matter be referred to the Parks and Recreation Committee for further review and evaluation. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright reported that efforts to shore up a section of the bulkhead have been successful and staff is now proceeding with the front section. /1 Chairman Brown called for New Business. 18 County Administrator Caskey disseminated for the Board's consideration a Resolution to Seek Acquisition or Use of Right of Way Adjacent to Proposed Fire Station Site. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO SEEK ACQUISITION OR USE OF RIGHT OF WAY ADJACENT TO PROPOSED FIRE STATION SITE WHEREAS, the Town of Smithfield, pursuant to a Memorandum of Understanding with Isle of Wight County, acquired a parcel of land on South Church Street for use as a site for a new fire station and conveyed same property to Isle of Wight County; and, WHEREAS, adjacent to said property lies a strip of land which is owned by the Virginia Department of Transportation and which is designated as right of way for future road improvements; and, WHEREAS, it appears to the Town Council of the Town of Smithfield and the Isle of Wight County Board of Supervisors that development has occurred over the years in a manner that is likely to preclude the future development and use of said right of way for new road improvements; and, WHEREAS, the Smithfield Volunteer Fire Department and the Isle of Wight Volunteer Rescue Squad have advised that the acquisition or right to use said right of way would be of great value to them in the development and long term use of the new site; NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that it deems that the acquisition and /or right to use the above described right of way is important to the safety and welfare of the citizens of the County; and, BE IT FURTHER RESOLVED that the County Administrator and Interim County Attorney working with Town of Smithfield officials, are hereby directed to contact the Virginia Department of Transportation and such other state departments, officials or members of the General Assembly as may be necessary to pursue the acquisition of the above described right of way adjacent to 1804 South Church Street in fee simple and to obtain permission for direct egress for emergency vehicles from the said right of way to the Route 10 Bypass. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 19 Supervisor Clark moved to direct staff to coordinate with the Town of Smithfield's staff to pursue a course that will allow the County and the Town of Smithfield to obtain the use of the Commonwealth Transportation Board limited access right -of -way and put us on a course to mechanically and procedurally do whatever has to be done to go through the VDOT process up to the Commonwealth Transportation Board to obtain those right -of -ways. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that staff be directed to contact Dominion Virginia Power with regard to Yellow Rock Road to determine what needs to be done to have the light pole moved that is preventing the right -of -way acquisition at the turn around. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that he, as the Zuni representative, in conjunction with Chairman Brown, be authorized to work with staff and citizens to develop recommendations with respect to improvements to the drainage along Route 460 to prevent flooding in the Zuni community. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Freedom of Information Act for discussion of a personnel matter pertaining to specific public officials; pursuant to Section 2.2- 3711.A.3 for discussion with legal counsel regarding real property; under Section 2.2- 3711.A.7 for discussion with legal counsel requiring the provision of legal advice pertaining to the Western Tidewater Water Authority; under Section 2.2- 3711.A.1 for discussion of a personnel matter pertaining to specific public officials; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the proposed Benn's Grant Subdivision; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to Gunter vs. Isle of Wight County; and, pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority. Supervisor Clark moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 20 Supervisor Bradshaw moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Wright moved that staff be directed to proceed with the closing of property discussed in the closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 11 2I At 6:00 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the motio Carey ° is Stor , Clerk 22 Brown, Jr., airman