Loading...
06-11-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE ELEVENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice- Chairman Al Casteen Stan D. Clark Thomas J. Wright, III Also Attending: / / // /1 // A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Brown called the meeting to order at 5:00 p.m. Supervisor Bradshaw delivered the invocation. The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under Old Business, list consideration of An Ordinance to Exempt Property from Taxation for Covenant Place, Inc.; under the County Attorney's Report, add five (5) closed meeting items; and, under the Consent Agenda, remove the report entitled "CASA Privatization" and place same along with the additional report and resolution, provided at your places, under the County's Administrator's report. Supervisor Bradshaw 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. Lynn Briggs, Executive Administrator, Schools, reported that the school system is in the process of updating its Strategic Plan, which consists 1 of the following five (5) goals: Increase academic achievement levels for all students; provide rigorous academic program and career preparation for all students; recruit, hire and retain a highly qualified diverse staff; ensure a safe, secure environment that stimulates learning; and, expand and enhance communication opportunities with parents and community members. Lisa McCoy, MD, MPH, Western Tidewater Health District, requested the Board's permission to retain $18,951 of previously allocated County funds to be used to offset an increased demand for clinical services by County residents during the current fiscal year. She advised that additional cuts are anticipated by the State this fiscal year and that last year's budget reductions resulted in the loss of multiple full -time employees in the Isle of Wight Health Department and other health departments around the district. Supervisor Bradshaw suggested, due to reductions in State funding, that Dr. McCoy consider a regional approach by combining Franklin's Health Department with the County's or centrally locating a health department. Angela Tillary, Business Manager, Health Department, advised that the City of Suffolk and Southampton County have approved that Department's request to retain their funds; however, the City of Franklin did not approve their request. Supervisor Bradshaw moved that the matter be further discussed under Old Business. 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. There not being a representative of Covenant Place, Inc. present, Supervisor Clark moved that the request for tax exemption be moved to Old Business. 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 notion. Sharon Jones, Clerk of Circuit Court, requested $8,470 to fund a part- time Deputy position within her office. Supervisor Clark moved that staff be directed to work with the Clerk of Court regarding the amount of funding actually needed and return to the Board at its July 2, 2009 meeting with an appropriations resolution in that amount. 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. William Bell, Secretary, Electoral Board, requested part-time funding for an Assistant Registrar position at the rate of $10.44 per hour ($6,050); creation of an on -call pool of individuals in the event of an emergency and to address seasonal workloads at the rate of $10 per hour; and, that the current 2 Assistant Registrar's position be revised to properly reflect the duties of an Assistant Registrar, to include input from the Registrar to the Department of Human Resources. Supervisor Bradshaw moved that County Administrator Caskey be directed to further discuss the request with the Electoral Board Secretary, the Registrar, the Director of Human Resources and the Interim County Attorney for clarification purposes with respect to the part-time Assistant Registrar ($6,050) position; the change in the Assistant Registrar's position; and, the request for an on -call pool of individuals. Staff is to bring back appropriate resolutions and recommendations to the Board at its July 2, 2009 meeting. The notion 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 notion. Judy Wells, Treasurer, requested the reinstatement of the part-time position in the Treasurer's office. Supervisor Clark moved that staff be directed to bring back an appropriate resolution at the Board's July 2, 2009 meeting to reinstate the past -time position in the Treasurer's office. 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 Regional Reports. Supervisor Bradshaw moved that the County Administrator and his staff be directed to invite Mr. Bob Leber to a meeting with the Work Force task Committee to encourage that Committee, which has been inactive. 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 reported that negotiations for the Southeastern Public Service Authority waste -to- energy plant are proceeding. Chairman Brown reported on the recent press conference held on high- speed rail at the Southside Mayors and Chairs meeting. He advised that a study is currently underway to determine whether the high -speed rail will travel to the Peninsula or Southside from Petersburg to the County and the Cities of Suffolk, Chesapeake and Norfolk. He noted a major obstacle is crossing the water, Supervisor Wright advised that the State will be decreasing funding to the Western Tidewater Regional Jail Authority next year in the amount of $139,000. He advised that the main source of funding for the Jail is Federal inmates, which has steadily declined over the last several months. He 3 advised that regional jails are authorized to charge up to $3 per day for inmates and the Jail, which has been charging $1, is now charging $2 per day, of which approximately 55% of that amount is collected by the Jail. Supervisor Bradshaw moved that staff be instructed to follow -up on Supervisor Wright's concern with respect to the utilization of inmates from the Western Tidewater Regional Jail to perform needed services, such as cleaning of culverts, grass cutting services and building painting in the County. 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 Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR FRANKLIN REVENUE SHARING AGREEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved additional funding for the Franklin Revenue Sharing Agreement; and, WHEREAS, funds in the amount of one hundred twenty -five thousand dollars ($125,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2008 -09 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred twenty -five thousand dollars ($125,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2008 -09 General Operating Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to 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. Chairman Brown requested the Board members to provide the Clerk with available dates to meet jointly with the School Board regarding shared services, etc., finance, maintenance and busing. With respect to the vacant position of the Director of Budget and Finance, Supervisor Wright moved that County Administrator Caskey be directed to proceed with interviews for that position. The motion was 4 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 Board duly inform County Administrator Caskey that he is authorized, during the transition of the Budget and Finance Director, to move forward, as he sees fit, in order to take care of this transition, whether it be in the form of part-time help or hiring a consultant or consulting firm. 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 Transportation Matters. Eddie P. Wrightson, Director of General Services, notified the Board that the telephone pole on Yellow Rock Lane has been relocated and right -of- way issues are currently being addressed by the County Attorney's office. Mr. Wrightson notified the Board that the problem with the streetlight near Mr. Bradby's home is due to an underground wire and that staff is proceeding to resolve the matter. Mr. Wrightson notified the Board that Mr. Beasley and Mr. Neblett had met this week regarding the flooding conditions on Smith's Neck Road. Responsive to Supervisor Bradshaw's concern regarding insufficient outfall ditches on Colosse Road, Mr. Wrightson agreed to document such areas and have them placed on the GIS map and removed as resolved. Mr. Neblett advised the Board that the number of VDOT residencies throughout the State of Virginia are proposed to be reduced from 44 to 29. He advised that the first closings are anticipated to occur in December 2009 and be completed by March 2010. He further advised that Isle of Wight and Sussex Counties will become part of the Franklin Residency, which currently serves Greensville and Southampton Counties and that Surry County will become a part of the Williamsburg Residency. // Chairman Brown called for Citizens Comments. James B. Chapman, Board of Directors, Covenant Place, requested that the Board give favorable consideration of a tax exemption for that organization, which is non -profit and assists needy and homeless individuals. Rick Bodson, Smithfield, requested that action be taken to have the VDOT sign removed on Route 10 that reflects "turn left on Business Route 10" for traffic going to the Visitor's Center in downtown Smithfield. Mr. Neblett advised that he will be meeting with the VDOT Traffic Engineering Department tomorrow to obtain permission to either have the sign moved or Smithfield portion eliminated. Supervisor Clark moved that the request be further discussed following Citizens Comments. 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. Pinky Hipp, Morgarts Beach, spoke in favor of moving forward with the Request for Proposals for the new animal shelter. She notified the Board that the air - conditioner in the existing Animal Shelter had broken today. Joe Stradley of Windsor requested hunting rights for eighteen (18) individuals on the Whitley, Eure and Griffin properties owned by the County. Herb DeGroft, School Board, encouraged the Board, during its discussion on the contract renewal with Charter Communications, to take appropriate action to require that it broadcast all of the four (4) Public Broadcasting Systems (PBS) channels. He also requested the Board to remember that the Health Department has had to cut back 12 -13 positions, resulting in a reduction of services to senior citizens and other needy County residents. He further encouraged the Board to move forward with implementing shared services between the County and the School administration and to schedule a joint meeting to discuss the transition of such services. // Chairman Brown called for Board comments. Supervisor Clark commented that the Board is going through certain efforts, such as the recent survey that was mailed to County residents, in order to keep all of its options open with respect to the Charter franchise when it comes up for renewal. He advised that the Federal Communications Commission controls much of what the County can do with regard to cable franchises and that while the County prefers competition, Cox is not interested in doing business in the County. 1/ Chairman Brown moved that the Board take a recess. 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 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. 1/ Chairman Brown called for the County Attorney's report. Interim County Attorney Burton presented a resolution to appropriate funds to purchase the right -of -way associated with Muddy Cross Drive, which is a part of the settlement agreement in the Locust Grove lawsuit. Supervisor Wright moved that the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE ISLE OF WIGHT COUNTY ATTORNEY'S OFFICE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has authorized certain expenditures by the Isle of Wight County Attorney's Office; and, WHEREAS, funds in the amount of Thirty Nine Thousand Dollars ($39,000.00) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2008 -09 General Operating Budget for such expenditures. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Thirty Nine Thousand Dollars ($39,000.00) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2008 -09 General Operating Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia, is authorized to make the appropriate accounting adjustment in the budget and to 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. Interim County Attorney Burton presented a request from Jennifer and Lee Peace to terminate their lease early on property located at 25415 Walters Highway beginning June 30, 2009. Supervisor Wright moved that the Peace's request 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. Supervisor Wright moved that staff be directed to advertise the availability of the subject property on the County's website. 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 advised the following matters have been advertised for public hearing by his office: Renewal of Hunting Lease to the Windsor Hunt Club and the release of an easement granted to Isle of Wight County for Piney Grove Road. Interim County Attorney Burton advised that he had eleven (11) matters for discussion later during the closed meeting. /1 Supervisor Bradshaw moved to amend the regular order of the agenda in order to conduct the public hearings. 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 a public hearing on the following: Renewal of Hunting Lease to Windsor Hunt Club Interim County Attorney Burton certified that the matter had been property advertised. Chairman Brown called for persons to speak in favor of or in opposition to the renewal of the hunting lease. Chester Kramer, President of the Windsor Hunt Club, requested that the Board approve the renewal of the Club's lease. He stated that the Windsor Hunt Club has been hunting on this property for the past 40 years and established a close relationship with the surrounding property owners. He stated that the Club's motto is safety first and respect for the land. He stated that the Club practices deer management and attempts to control some 8 of the crop damage in specific areas with the help of the landowners. He stated that the Club, throughout the years, has contributed to the community through service to indigent families and families that have lost their homes due to fire, as well as helped handicapped children and children with cancer. He stated that the Club currently has a contract with Norfolk and Southern Railroad properties and recognizes that while economic growth to the community is important, the Club would like to continue hunting on the property. William E. Brown, 144435 Five Forks Road, charter member of the Windsor Hunt Club, stated that the Club has met all obligations of the corporate landowners and strived to keep good relations with the adjacent private landowners. He stated that the Club has been a good steward on this property and feels they deserve to continue hunting it as long as hunting is allowed on it. Otis Eanes, Old Suffolk Road, requested the Board to approve the renewal of the hunting lease to the Windsor Hunt Club. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Wright moved that the request to renew the hunting lease to the Windsor Hunt Club 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. Chairman Brown called for a public hearing on the following Release of an easement granted to Isle of Wight County for Piney Grove Road Interim County Attorney Burton certified that the matter had been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the release of easement. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the release of an easement granted to Isle of Wight County for Piney Grove Road 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. 9 // Supervisor Bradshaw moved to return to the regular agenda at the General Services Report. 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 the General Services report. Edwin P. Wrightson, Director of General Services, presented a request to revise the scope of services for the Route 58 water and sewer extension project. Supervisor Bradshaw moved that staff be authorized to review the design scope of services in accordance with the map contained in the agenda under the General Services Report. 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. Mr. Wrightson reported on the reduction in funding of part-time salaries in the FY2010 budget for the Convenience Center workers. He advised the Board that to close the convenience centers daily from 11:00 a.m. to 1:00 p.m. would create operational and staffing issues. He stated staff's recommendation is to close the convenience centers one (1) day a week on Thursdays to coincide with a day in Camptown that that center is also closed. He advised that the savings associated with shutting the centers down one (1) day a week will be approximately $44,000. Supervisor Clark moved, and withdrew his motion, that closure of each convenience center be authorized on Thursdays. Supervisor Bradshaw stated that he is not an advocate of closing the centers down one (1) day a week. He stated that convenience center workers have offered to do more, such as cut the grass, painting and maintenance of the sites, but staff has refused to allow them to do more; the number of visitors were tracked during the wintertime for only a period of six (6) weeks and not during the peak time, causing the survey to be flawed; staff ignored the desire of the Trash Committee that the number of visitors be counted at each of the sites on a daily basis; and, employees are driving 350 Ford Pick- up trucks to the sites to deliver mail. Supervisor Clark moved that staff be directed to return to the Board at its July 2, 2009 meeting and, in the meantime, is to investigate Supervisor Bradshaw's concerns; be prepared to make suggestions about other ways to save money; and, consider Supervisor Casteen's recommendation that the convenience centers be closed the first half of the day on Sundays. The 10 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 the Emergency Services report. Andy Aigner, Fire and EMS Coordinator, formally introduced Adam Greybeck and Charlie Ansaler, ACA Architects, who addressed the Board concerning the progress made to date with the new fire station in Smithfield and the building renovation of the Isle of Wight Volunteer Rescue Squad He advised that the plans for both facilities have been reviewed and approved and both organizations are in agreement with the facility that has evolved. Patrick Boyle, Construction Manager, Alfa Corporation, advised that the plans for the project, which is still in the design development stage, will be reviewed and estimates and construction schedules need to be developed before the project is put out to bid. Supervisor Clark moved that the Board approve the color elevation, the floor plan and the site plan 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. Mr. Aigner recommended that the contract for self - contained breathing apparatus for EMS personnel be awarded to MES, Inc. Supervisor Wright moved that the contract be awarded to MES, Inc. and that the Chairman be authorized to execute the agreement pending review by the County Attorney. 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 advised that MES, Inc. has offered a finance and lease option, however, it is staff's recommendation that the equipment be purchased; that a reimbursement resolution be developed taking the funds out of the County's Fund Balance; and, later on, that the funds be taken out of a bond issue that staff is contemplating issuing in the Fall, which will save the County approximately $50,000. Chairman Brown called for the Tourism report. Jennifer Williams, Department of Historic Resources, presented a Resolution to Accept and Appropriate Grant Funds from the Virginia 11 Department of Historic Resources for Boykin's Tavern and the Old Jail for the Board's consideration. Supervisor Bradshaw moved that the following resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF HISTORIC RESOURCES FOR BOYKIN'S TAVERN AND THE OLD JAIL WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the development and submission of two grant applications for Boykin's Tavern and the Old Jail to the Virginia Department of Historic Resources; and, WHEREAS, funds in the amount of three- hundred fifty thousand dollars ($350,000) or so much as shall be received needs to be accepted and appropriated to the appropriate line items in the FY 2009 -10 General Operating 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 three hundred fifty thousand dollars ($350,000) or so much as shall be received from the Virginia Department of Historic Resources be appropriated to the appropriate line items in the FY 2009 -10 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. // Chairman Brown called for the County Administrator's report. Bruce Bruchey, Powell Management Associates, updated the Board on the bids received for the construction of the Young -Laine Courts building. He advised that the low bid was submitted by Kenbridge Construction Company, Inc. in the amount of $10,568,000. He stated that a bid for $9,000 was also submitted for Alternate No. I, in order to provide a lightning protection system on the Sheriffs Department. Supervisor Wright moved that County Administrator Caskey be directed to post the appropriate Notice of Intent to award to Kenbridge 12 Construction Company, Inc., the construction contract for the new Courts building, including Alternate No. 1 and the Unit Prices as bid, for the total amount of $10,577,000 and that, following the prescribed notice period, that the Chairman be authorized to execute the contract. 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 presented a Resolution to Amend the Isle of Wight County Policy Manual Chapter 2, Article 1 for the Board's consideration. Supervisor Clark moved that the following resolution be adopted: RESOLUTION TO AMEND THE ISLE OF WIGHT COUNTY POLICY MANUAL CHAPTER 2, ARTICLE 1 WHEREAS, The Isle of Wight County Policy Manual addresses procedures concerning various provisions of purchasing; and, WHEREAS, the following amendment to the Central Purchasing Policy will provide an addition to the Policy Manual, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the County Policy Manual, Chapter 2, Article 1, be amended to add Section 1.9, the Isle of Wight County Public- Private Education Facilities and Infrastructure Act Guidelines & Procedures, to be utilized, as determined, for construction projects. 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 presented a Resolution Urging the Commonwealth of Virginia to Advance High -Speed Passenger Rail Connection to Southside Hampton Roads as a High Priority Initiative for the Board's consideration. He stated that the Resolution is a cumulation of the activities of the Southside Mayors and Chairs Committee that Southside Hampton Roads be considered a high priority initiative for the extension of high -speed passenger rail connectivity. Supervisor Clark moved that the following resolution be adopted: A RESOLUTION URGING THE COMMONWEALTH OF VIRGINIA TO ADVANCE HIGH -SPEED PASSENGER RAIL CONNECTION TO SOUTHSIDE HAMPTON ROADS AS A HIGH PRIORITY INITIATIVE 13 WHEREAS, the Hampton Roads region for many years has identified the need for better and more efficient ways to connect people traveling within the region and to points north and south of the region; and, WHEREAS, such transportation connectivity requires multiple modes of travel because vehicle roads alone will not be successful; and, WHEREAS, high -speed passenger rail will be a critical addition to the future United States transportation network offering an efficient, reliable and environmentally friendly travel alternative linking the major urban centers across the country; and, WHEREAS, President Obama recently released a strategic plan entitled Vision for High -Speed Rail in America; and, WHEREAS, the President's high -speed rail strategic plan proposes the rebuilding of the country's existing rail infrastructure into a new robust network of high -speed passenger rail corridors comparable to the European High -Speed Passenger Rail System; and, WHEREAS, high -speed rail will have significant economic and quality of life benefits for connected communities and regions across the country by offering a viable, environmentally friendly and energy efficient transportation alterative, which also promotes economic development, job creation and enhanced travel and tourism opportunities; and, WHEREAS, it is critically essential that the Hampton Roads region be directly connected to the emerging national high -speed rail network to ensure the region's continued economic competitiveness; and, WHEREAS, the initial investment in high -speed rail to Hampton Roads must directly connect the larger population base and employment center of the region in South Hampton Roads to fully realize and leverage all the potential benefits of such a major transportation investment; and, WHEREAS, a modern high -speed passenger rail system will also offer a viable emergency evacuation alternative for Southside Hampton Roads citizens in the event of a hurricane or other major disastrous event necessitating mass evacuation of the region; and, WHEREAS, the well documented traffic delays at the major water crossings and tunnels of Hampton Roads make efficient travel across the region unnecessarily difficult; and, WHEREAS, the necessary studies to evaluate and select a preferred high -speed rail alternative from Richmond to Hampton Roads have been delayed by more than two years; and, 14 WHEREAS, the General Assembly has not identified a dedicated and sufficient transportation funding stream to improve the regional transportation corridors and federal funding under the American Reinvestment and Recovery Act of 2009 and subsequent federal budgets will direct significant funds to qualified high -speed rail projects; and, WHEREAS, the Commonwealth must with all deliberate speed complete the federally required studies for identifying a preferred high -speed passenger rail connection from Richmond to Hampton Roads so the region can be in a position to successfully compete for the new available federal funds; and, WHEREAS, the City Councils of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Board of Supervisors of Isle of Wight (including the Town Councils of Smithfield and Windsor) and Southampton Counties have all agreed to pass similar resolutions of support; and, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County: Section 1: That the Isle of Wight County Board of Supervisors joins with the other local governments of South Hampton Roads in urging the Commonwealth of Virginia (Commonwealth) to make as its first priority for the essential high -speed connection to this region a link between South Hampton Roads and downtown Richmond via the Route 460/Norfolk Southern Corridor. Section 2: That the Isle of Wight County Board of Supervisors joins with the other local governments of South Hampton Roads in urging the Commonwealth to also assist the Local governments on the Peninsula of Hampton Roads to improve their existing conventional rail capacity. Section 3: That the Isle of Wight County Board of Supervisors, in harmony with the other local governments of South Hampton Roads, fully appreciates the tough competition the Commonwealth will face in their attempts to secure federal high -speed rail funding. Section 4: That the Isle of Wight County Board of Supervisors joins with the other local governments of South Hampton Roads in urging the Commonwealth to make high -speed passenger rail a high priority initiative. Section 5: That the Isle of Wight County Board of Supervisors joins with the other local governments of South Hampton Roads in urging the Commonwealth to make an immediate and significant commitment of both staff and financial resources to best position the Richmond to Hampton Roads High -Speed Passenger Rail Corridor for likely selection for federal funding. 15 Section 6: That the Isle of Wight County Board of Supervisors joins with the other local governments of South Hampton Roads in urging the Congressional Delegation of Hampton Roads take the actions necessary to identify and secure federal funding for the Richmond to Hampton Roads high -speed passenger rail link from all possible sources including the pending Federal Surface Transportation Act Re- Authorization and the President's newly proposed high -speed passenger rail program. Section 7: That this resolution shall be in effect from and after its adoption. 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 noted that it is recommended that the County solicit the support of its Senators, Delegates and the Governor. County Administrator Caskey stated as a result of the recent changes to the Hampton Roads Transportation Planning Organization's (HRTPO) By- laws, the Board needs to reaffirm the appointment of Supervisor Wright's voting membership. Supervisor Casteen moved to reaffirm the appointment of Supervisor Clark on the Hampton Roads Transportation Planning Organization and that Supervisor Bradshaw be appointed as the alternate. 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. Patrick J. Small, Assistant County Administrator, advised that Opportunity, Inc. has received Federal stimulus funding for the creation of a summer work experience program for in- school and out -of- school youth between the ages of 14 and 24 years of age. He stated that the County is eligible to employ 13 individuals with the objective of assisting youth in the community while providing support to interested staff. Supervisor Bradshaw moved that the Chairman be authorized to sign the Memorandum of Understanding and direct Interim County Attorney Burton to investigate if the individuals are covered under the County's Workers Compensation. 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 recommended that the Board designate Chairman Brown as the authorized voter at the NACo Annual Conference. 16 Supervisor Bradshaw moved to designate Chairman Brown as the County's delegate and first alternate authorized to vote at the NACo Annual Conference. 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. Mr. Small addressed the Board regarding the privatization of the CASA program. He advised that the resolutions for the Board's consideration will address the transfer of the remaining funds to CASA and allow it to operate independently. He publicly recognized Joyelle Saunders for her leadership and he advised the Board that the program received the "Volunteer Program of the Year" award for the Hampton Roads area. He noted that Ms. Saunders will now be serving the entire region. Supervisor Bradshaw moved that the following resolution be adopted: RESOLUTION TO TRANSFER ALL REMAINING FRANKLIN SOUTHAMPTON CHARITIES FUNDS OF THE ISLE OF WIGHT CASA PROGRAM TO THE VOICES FOR KIDS CASA PROGRAM OF SOUTHEAST VIRGINIA WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the disbursement of all remaining Franklin Southampton Charities funds of the Isle of Wight County CASA (Court Appointed Special Advocate) Program, totaling $33,731.43, to the Voices for Kids CASA (Court Appointed Special Advocate) Program of Southeast Virginia; and, WHEREAS, the remaining Franklin Southampton Charities funds need to be conveyed from the CASA (Court Appointed Special Advocate) fund balance of the Isle of Wight County FY 09 operating budget of Isle of Wight County for disbursement to the Voices for Kids CASA (Court Appointed Special Advocate) Program of Southeast Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that all remaining Franklin Southampton Charities funds of the Isle of Wight County CASA (Court Appointed Special Advocate) fund balance be conveyed immediately from FY 2009 Isle of Wight County CASA (Court Appointed Special Advocate) fund balance of the general operating budget of Isle of Wight County. 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. 17 The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Supervisor Bradshaw moved that the Board adopt the following resolution: WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the disbursement of all FY 09 remaining funds of the Isle of Wight County CASA (Court Appointed Special Advocate) Program to the Voices for Kids CASA (Court Appointed Special Advocate) Program of Southeast Virginia; and, WHEREAS, the remaining FY09 funds need to be conveyed from the CASA (Court Appointed Special Advocate) fund balance of the Isle of Wight County FY 09 operating budget of Isle of Wight County for disbursement to the Voices for Kids CASA (Court Appointed Special Advocate) Program of Southeast Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that all FY 09 remaining funds of the Isle of Wight County CASA (Court Appointed Special Advocate) fund balance be conveyed from the year end FY 2009 Isle of Wight County CASA (Court Appointed Special Advocate) fund balance of the general operating budget of Isle of Wight County. 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 (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. /1 RESOLUTION TO TRANSFER ALL FY 09 REMAINING FUNDS OF THE ISLE OF WIGHT CASA PROGRAM TO THE VOICES FOR KIDS CASA PROGRAM OF SOUTHEAST VIRGINIA Chairman Brown called for consideration of the Consent Agenda. A. Request for Proposal (RFP) — Contract for Design and Construction of New Isle of Wight County Animal Shelter per PPEA Procedures Resolution to Authorize the Solicitation of Proposals for Construction of a New Animal Shelter L8 B. CASA Privatization Resolution to Transfer all FY09 Remaining Funds of the Isle of Wight CASA Program to the Voices for Kids CASA Program of Southeast Virginia (The above report was removed under Approval of the Agenda and placed with an additional report and resolution under the County's Administrator's Report.) C. Safety and Training Update D. Resolution to Request Congress to Remove the James River Fleet Resolution Encouraging the United States Congress to Adopt Legislation and to Appropriate Funds for the Removal of the Environmentally Hazardous James River Reserve Fleet and to Encourage Other Affected Virginia Localities to Take a Similar Action E. Contribution to Preservation Virginia (APVA) F. V -Stop Program Grant Application for FY09 and FY10 Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received from the Commonwealth of Virginia Department of Criminal Justice Services G. Litter Pickup H. April 16, 2009 Regular Meeting Minutes I. April 30, 2009 Special Closed Meeting Minutes J. April 30, 2009 Special Budget Meeting Minutes Supervisor Bradshaw moved to approve the Consent Agenda, as amended, to include the motion under the Approval of Agenda to remove Item (B), the CASA report and that it be placed with an additional report and resolution under the County Administrator's report and Item (A) removed. 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. Regarding Item (A): Request for Proposal (RFP) — Contract for Design and Construction of New Isle of Wight County Animal Shelter per PPEA Procedures/Resolution to Authorize the Solicitation of Proposals for 19 Construction of a New Animal Shelter, Supervisor Casteen moved that the Board approve the following Resolution: WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has determined that it is appropriate to solicit proposals for the design and construction of a new Animal Shelter; and, WHEREAS, County staff will need to discuss and negotiate the Scope of Services, as well as determine the experience and overall competencies of potential vendors. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2- 4303.0 (1950, as amended), authorizes County staff to conduct competitive negotiations through a Request for Proposal for the needed services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these 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. // Supervisor Clark moved that the Board take a recess. 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 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. // RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR CONSTRUCTION OF A NEW COUNTY ANIMAL SHELTER Chairman Brown called for Appointments. Chairman Brown moved to appoint Pinky Hipp, replacing Dorothy Somerset, representing the Hardy District on the Boykin's Tavern Advisory Committee. 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 requested Mr. Robertson to locate an at -large member to replace Pinky Hipp on the Boykin's Tavern Advisory Committee. // Chairman Brown called for Old Business. Chairman Brown moved to appoint Bobby Wright to serve on the Board of Assessors representing the Hardy 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 Casteen moved to appoint Ron Harvey to serve on the Board of Assessors 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. County Administrator Caskey reminded the Board that by the month of August, localities must submit the three (3) nominations for the SPSA Board of Directors and that the Board has only submitted the name of Theodore Hardison at this point in time. Supervisor Casteen moved that the Board amend the regular order of the agenda in order to address the Resolution to Grant Request to Retain Funds by the Isle of Wight County Health Department. 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. Dr. McCoy advised the Board that the other jurisdictions of Southampton, Franklin and Suffolk have approved the Health Department's request to retain previously allocated funds as 1 00% local funding to be used to offset an increased demand for clinical services by County residents during the current fiscal year. She advised that she anticipates that those jurisdictions would bring their matches down to what the State match is for FY2010. Supervisor Clark moved to adopt the following Resolution: RESOLUTION TO GRANT REQUEST TO RETAIN FUNDS BY THE ISLE OF WIGHT COUNTY HEALTH DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia grants the request of the Isle of Wight County Health Department to retain funds; and, WHEREAS, funds in the amount of eighteen thousand nine hundred fifty- one dollars ($18,951) has been previously appropriated in the FY 2008- 09 General Operating Budget of the County of Isle of Wight. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of eighteen thousand nine hundred fifty -one dollars ($18,951) be retained by the Isle of Wight County Health Department as previously appropriated to the Isle of Wight Health Department in 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. Chairman Brown briefed the Board on a meeting recently held with the Gloucester County Administrator regarding the consolidation of services with the school administration. He advised that one (1) essential element ofa successful consolidation is trust and that the consolidation of services does not necessarily mean the elimination of positions. He advised that Gloucester County had also encountered inequities between the County and the school division in that County employees worked a 40 -hour per week schedule and school employees worked only 37.5 hours per week. He advised that there was also no compensation to employees who work for the County for obtaining additional certifications. County Administrator Caskey advised that Gloucester County had conducted an efficiency study utilizing an outside consultant and, from that effort, did consolidate its central purchasing and accounting operations with the schools, which were at that time having significant audit problems and had recognized that much stronger oversight was needed, which could be provided by additional staff in a consolidated effort. He advised that the County's Department of Budget and Finance office has seven (7) employees and Gloucester County, which is consolidated, has thirteen (13) employees and about the same population as the County. He stated that Gloucester County also contributes significantly less tax dollars to public education at around 42% and the County currently contributes 60% of its total budget. He stated that Gloucester County also has a $.10 cent higher tax rate than the County. He stated that Gloucester County attempt to consolidate its Human Resource Department had been unsuccessful. He advised that Gloucester County does have an umbrella department to handle its public information. He advised that Gloucester County, on the Social Services side, has 22 consolidated its payroll, as well as purchasing and personnel. He advised that he had received additional information from Gloucester County today and, in return, he had sent a compilation of items that the County has worked with the School Administration on over time. Supervisor Clark moved to direct staff to identify counties in Virginia with like populations as the County's and a similar type of government. 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 County Administrator Caskey to place the issue of consolidation of services regularly on the agenda to keep the Board apprised as this issue moves forward. Paul Sick, Executive Director, Luter Family YMCA, represented the YMCA's request to the Board for a contribution from the County in the form of a moral pledge at this time. He advised that the Smithfield Town Council has approved a contribution of $500,000 to the YMCA, which is to be spread over a ten (10) year period beginning in 2012. Supervisor Clark moved that the Budget and Finance Committee review the request and report back to the Board. 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 County Attorney's office be authorized to develop an appropriate ordinance incorporating the jail fee increase to be advertised for public hearing at the Board's July 2, 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. Mr. Furlo requested that the Board approve the Nike Park and Heritage Park Master Plans. He advised that there will be considerable cost savings to the County if the two (2) plans are accomplished simultaneously and by the same consultants. Supervisor Bradshaw moved that the contract with Clough Harbor and Associates be approved to update the Master Plans for Nike Park and Heritage Park. 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. Regarding the matter of the tax exemption request for Covenant Place, Donald T. Robertson, Director of Information Services and Legislative Affairs, advised that the Board that, in the past, these types of requests had 23 been forwarded on to the State. He advised that the General Assembly has now given jurisdictions the authority to deal with these requests. Supervisor Clark stated that he would prefer to hear the request from Reverend Harris, who is not present tonight. He requested staff to find out what other localities are doing with respect to these types of requests. Supervisor Bradshaw moved that the matter be postponed until the Board's July 2, 2009 meeting and that Reverend Harris be invited to the meeting. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Chairman Brown abstaining from voting on the matter. // Chairman Brown called for New Business. There was no new business offered for discussion by the Board. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Freedom of Information Act regarding discussion of a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Western Tidewater Water Authority; pursuant to Section 2.2- 3711.A.3 regarding consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Carrsville District; pursuant to Section 2.2- 3711.A.3 regarding consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property with respect to the PACE Program; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public employee; and, pursuant to Section 2.2- 3711.A.3 regarding consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Newport District. Supervisor Bradshaw moved that the Board enter the closed meeting for the reasons stated by the County Attorney. The motion was adopted by a 24 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 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 to approve the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (1) 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 There was no action taken following the closed meeting. // Supervisor Casteen moved that the Board return to closed meeting. The motion was defeated (1 -4) with Supervisor Casteen voting in favor of the motion and Supervisors Brown, Bradshaw, Clark and Wright voting against the motion. 25 At 11:10 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 motion. Carey MI 's Storm, Clerk 26 . Brown, Jr., Chairman