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07-02-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF JULY 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: Mark C. Popovich, Assistant County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk // // /1 // Chairman Brown called the meeting to order at 5:00 p.m. Supervisor Wright delivered the invocation. The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Assistant County Attorney Popovich offered the following amendments to the agenda: Under the County Attorney's Report, remove number ten (10) and eleven (11); under the County Attorney's Report, add an Application for Certification by the Virginia Department of General Services for Non - Compliance with the Virginia Courthouse Facilities Guidelines; under the County Attorney's Report, add a request for public hearing for the lease of County property on Walter's Highway; and, under Old Business, add one (1) matter regarding the Isle of Wight Humane Society Supervisor Wright 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. 1 Reverend Harrison formally introduced Pat Wells, Vice- President of Eastern Operations, Community Management Corporation, who requested the Board to approve the request for tax exempt status for Covenant Place, Inc. Chairman Brown noted a personal conflict of interest and excused himself from discussing and voting on the request. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO EXEMPT PROPERTY FROM TAXATION ADOPTED THIS SECOND DAY OF JULY, 2009 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That pursuant to Section 58.1 -3651 of the Code of Virginia (1950, as amended), the real estate taxes on parcel 21A- 01 -223D, owned by Covenant Place, Inc., are hereby exempt clue to its classification as a 501(c)(3) organization by the United States Internal Revenue Service. Such exemption shall continue so long as such classifications remains in full force and effect and so long as Covenant Place, Inc. does not have any rule, regulation, policy, or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin. // BE IT FURTHER ORDAINED: That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. 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. Christopher O'Neil Mitchell was formally presented a resolution recognizing and congratulating him for achieving the rank of Eagle Scout, which was formally adopted by the Board at its May 7, 2009 meeting. Chairman Brown called for Regional Reports. Supervisor Wright reported on a meeting recently held at the 4 -H Center in Wakefield in which the attorney hired by the Counties of Sussex, Surry and Southampton had advised of his fee to defend the OLF issue. He 2 advised that Congressman Forbes has submitted a Bill that would allow individual localities to approve or reject the OLF. Regarding the Coalition of High Growth Communities, Supervisor Casteen reported that regulation of alternative on -site sewage systems, which previously has been an unregulated and unlicensed industry, began on July 1, 2009. He further reported that stormwater management requirements and regulations were also discussed and that it was felt by some of the attendees that the regulations are too restrictive. He advised that new secondary street acceptance requirements were discussed as they relate to VDOT and its proposed cutbacks. Supervisor Casteen reported that he had attended the Hampton Roads Cool Communities Coalition meeting which included representatives from 14 localities. He stated that conservation efforts, such as travel planning and recycling were highlighted. Regarding the Hampton Roads Military and Federal Facilities Alliance, Chairman Brown reported that the issue of consolidation of services between the United States Army and United States Navy had been discussed. He advised that these branches are maintaining their separate entities, but collaborating on services, repairs and parts. He advised that the Alliance's budget this year is $1,251,594 and Isle of Wight's share is $.50 per capita, which equals $16,545. Supervisor Casteen reported that at the Most recent meeting of the Smithfield Intergovernmental Relations Committee, water issues were discussed and related sewage fees. He noted that the County is continuing to work with the Town of Smithfield in an effort to resolve these issues, as well as the issue of the lighting of the baseball field at the Smithfield High School. Regarding the Social Services Board, Chairman Brown reported that the Director of General Services is addressing problems with the air conditioning system in the Human Services building. He noted that the issue of consolidation of services continues to be an ongoing effort. Supervisor Wright advised that there will be a joint pubic announcement in the next several weeks by the Western Tidewater Water Authority. Regarding the Franklin Intergovernmental Relations Committee, Supervisor Bradshaw advised that there will be a regional meeting with the City of Franklin and Southampton County on July 7, 2009 at 6:00 p.m. at The Pace House Inn in Franklin that will be attended by himself, Supervisor Wright and staff. /J 3 Chairman Brown called for Transportation Matters. Edwin P. Wrightson, Director of General Services, advised that responsive to the County contracting with the firm of Michael Baker in 2008 to conduct a Countywide Transportation Plan, stakeholder meetings have been held throughout the County with respect to transportation issues and a website has been created whereby citizens can check the status of the Plan and provide their feedback. He requested permission to proceed with conducting two (2) public hearings to collect feedback from residents and stakeholders before a final draft Plan is developed. Supervisor Bradshaw moved that staff be authorized to hold an open house on August 12, 2009 from 6:00 p.m. until 8:00 p.m. in the Robert C. Claud, Sr. Board Room with respect to the Countywide Transportation Plan. 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 presented a Resolution of the Board of Supervisors of Isle of Wight County Requesting Acceptance of Certain Roads in Ashby West Subdivision into the Secondary System of State Highways for the Board's consideration. Supervisor Bradshaw moved that the following Resolution be adopted and that the County Administrator be authorized to execute the VDOT form: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, REQUESTING ACCEPTANCE OF CERTAIN ROADS IN ASHBY WEST SUBDIVISION INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the streets described on the attached Additions Form AM- 4.3 fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form AM-4.3 to the Secondary System of State Highways, pursuant to Section 33.1 -229 of the Code of Virginia, and the Department's Subdivision Street Requirements; 4 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of the resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 advised that the Transportation Report included in the agenda contains an error with respect to the Muddy Cross project, which is not located in the Newport District, but in the Windsor District. Mr. Wrightson reported that the problem with the streetlight reported by Mr. Bradby has been corrected and the streetlight is now operational. Responsive to an inquiry from Supervisor Bradshaw regarding the status of the Federal Stimulus projects, Mr. Wrightson advised that the project funds will be committed by March 1, 2010. Responsive to VDOT's request that the County appropriate funding to cover the cost of installation of signs at either end of the Holland- Councill Memorial Bridge, Supervisor Bradshaw moved to direct staff to appropriate funding in the amount of $500 from the Unappropriated Fund Balance. 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 City of Franklin bearing the cost of installation of one (1) of the signs, MacFarland Neblett, Waverly Residency Administrator, VDOT, commented that it was the County who had made the request for signage. Supervisor Bradshaw recommended that the matter be placed on the Board's August 16, 2009 agenda for further discussion. Regarding a lighting request by Bojangles as a result of recent activity at a nearby sports bar, Mr. Wrightson advised that staff is working in conjunction with Bojangles to develop a solution with regard to lighting and alignment of that entrance which comes out onto Smith's Neck Road. Chairman Brown presented a request for a right -turn lane at the intersection of Battery Park and Nike Park Roads. Mr. Neblett offered to investigate if a request for a right turn lane at the intersection of Battery Park and Nike Park Roads has been previously submitted by staff. 5 Supervisor Bradshaw requested Supervisor Casteen to discuss the issue of a right -turn lane at Battery Park and Nike Park Roads with the Smithfield Town Council. Supervisor Clark moved that a matter regarding a voluntary boundary realignment be added to 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. Responsive to Chairman Brown, Mr. Wrightson advised that mitigation of flooding conditions at Owen's Estates would be addressed with stimulus funding. Mr. Neblett advised that the request for signage at Rescue and Battery Park has been approved by VDOT's Traffic Engineering section. Mr. Neblett advised that the sign stating "Smithfield to the left" will remain for motorists traveling from Surry County to the south and that another sign would be installed indicating "Historic Smithfield Straight Ahead." Responsive to Supervisor Clark regarding the status of Yellow Rock Road, Assistant County Attorney Popovich advised that the County Attorney's office is continuing to evaluate if any specific legal actions need to be taken and what documents need to be drafted regarding that roadway. Responsive to Supervisor Clark regarding the pooling of water at Route 17 and Smith's Neck Road, Mr. Neblett advised that channels through the shoulders of the roadway have been cut, which will be graded at a later date. Mr. Wrightson advised that the Department of Conservation and Recreation has determined that the Blackwater River meets the requirements for scenic river eligibility and that staff would be returning to the Board with a resolution for the Board's consideration. Supervisor Bradshaw requested that the matter of the Blackwater River designation be placed on the agenda for discussion at the July 7, 2009 meeting of the Franklin Intergovernmental Relations Committee. It Chairman Brown called for Citizens Comments. Grace Keen, on behalf of the Isle of Wight Citizens Association, requested the Board's non - financial support of a "Day of Remembrance and Honor" for emergency service workers on Sunday, September 13, 2009 at 5:00 p.m. on Route 17 at the foot of the James River Bridge. 6 Supervisor Clark moved that the Board support a "Day of Remembrance and Honor" program. 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. Mrs. Keen requested the Board to sponsor a Candidates Forum on October 19, 2009 at The Smithfield Center at 6:30 p.m. Supervisor Clark moved that the Board sponsor the Candidates Forum. 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. Mrs. Keen invited the Board to attend the Health Fair program entitled "Looking Good/Feeling Good" on October 8, 2009 at The Smithfield Center from 9:00 a.m. until 2:00 p.m. Mrs. Keen distributed a report on the activities sponsored by the Commission on Aging from June 2008 through June 2009, as required by the By -Laws of that group. Mrs. Keen invited the Board to attend the Isle of Wight Citizens Association meeting on July 13, 2009 at 7:00 p.m. at the Carrollton Library. She noted that citizens will be given the opportunity to address any problems they see with respect to the Isle of Wight County Planning Commission. I/ /1 Chairman Brown called for Board comments. Supervisor Clark commended Mr. Aigner for his coordination of the recent Firefighters Academy Program. Supervisor Casteen commended Mr. Chase for graduating from the Firefighters Program. Supervisor Clark acknowledged Terry Thompson, Judy Winslow, Lois Chapman, Marcy Parish, Cheryl Whitener, Colin Norman, Jennifer Williams and Tracey Neikirk for their efforts associated with the "Olden Days" event. Chairman Brown called for the County Attorney's report. Assistant County Attorney Popovich requested the Board's authorization to acquire the property at Tyler's Beach. 7 Supervisor Bradshaw moved that the Chairman be authorized to execute all documents necessary to effectuate the purchase, as approved to form 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. Assistant County Attorney Popovich presented a proposed Agreement with the Commonwealth of Virginia, Department of Health, for the Board's consideration. Supervisor Wright moved that the Board authorize the Chairman to execute the Agreement on behalf of 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. Assistant County Attorney Popovich presented a Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing. He recommended that the Board adopt the Resolution. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the following Resolution on behalf of the Board: RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, Isle of Wight County, Virginia (the "Borrower "), intends to acquire, construct and equip various capital improvements (the "Projects ") as approved in Fiscal Year 2009 -10 Capital Budget; and WHEREAS, plans for the Projects have advanced and the Borrower expects to advance its own funds to pay expenditures ( "Expenditures ") related to the capital improvements prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax- exempt bonds or taxable debt, or both; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The Borrower intends to utilize the proceeds of tax- exempt bonds (the "Bonds ") or to incur other debt, in an amount not currently expected to exceed $10,000,000, to pay the costs of the projects. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Projects made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 8 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this resolution confirms the "official intent" within the meaning of Treasury Regulations Section 1.150 -2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. 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. Assistant County Attorney Popovich presented a request for a tax refund from Bryant's Excavation, Inc. in the amount of $5,697.70 for the overpayment associated with heavy construction machinery for the tax years 2007 -2008. Supervisor Clark moved that the Board authorize Interim County Attorney Burton to make the refund to Bryant's Excavation, Inc. 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. Assistant County Attorney Popovich presented a request for the renewal of the Johnson Farm lease for one (1) additional year. Supervisor Bradshaw moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's July 16, 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. 9 Assistant County Attorney Popovich requested the Board's permission to advertise proposed revisions to Chapter 11, Motor Vehicles and Traffic, for public hearing at the Board's August 20, 2009 meeting. Supervisor Bradshaw moved that the County Attorney's office be authorized to advertise the ordinance revisions for public hearing at the Board's August 20, 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. Assistant County Attorney Popovich requested the Board's permission to advertise an Ordinance to Repeal Chapter 12.1 Public Parks and Recreation Facilities. Article II. Regulations Governing Public Parks and Recreation Facilities. Section 12.1 -5 Concealed Weapons Prohibited for public hearing at the Board's July 16, 2009 meeting. Supervisor Wright moved that the County Attorney's office be authorized to advertise the Ordinance for public hearing at the Board's July 16, 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. Assistant County Attorney Popovich requested the Board's permission to advertise Chapter 11.3 Nuisances for public hearing at the Board's July 16, 2009 meeting. Supervisor Wright commented that certain noises and smells are expected in rural farming communities. He requested the Board to further consider the impact such an Ordinance would have on the County's farmers. Supervisor Casteen moved that the matter be postponed and that the Interim County Attorney's office meet with Supervisor Wright to discuss proposed ordinance revisions. 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. Given the Board's action on the above matter, Assistant County Attorney Popovich recommended that the Board postpone consideration of Chapter 3. Animal Fowl. Article III. Nuisance Animals and Hybrid Canines, Section 3 -25. Nuisance Animals. Supervisor Casteen moved that the Board postpone the matter and direct the Interim County Attorney's office to meet with Supervisor Wright regarding proposed ordinance revisions. 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. 10 Assistant County Attorney Popovich requested consideration of a contract renewal with Griffin Oil for the provision of gasoline and diesel fuel for the County. Supervisor Wright moved that the Chairman be authorized to execute the contract with Griffin Oil on behalf of 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. Assistant County Attorney Popovich presented a contract renewal with PAPCO for the provision of motor lubricants and oil for the County. Supervisor Wright moved that the Chairman be authorized to execute the contract with PAPCO on behalf of 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. Assistant County Attorney Popovich presented an Application for Certification by the Virginia Department of General Services for Non - Compliance with the Virginia Courthouse Facilities Guidelines. He advised that the General Assembly has recently enacted a provision that would allow the County to adopt an ordinance that would impose a fee for purposes of maintenance, reconstruction and repair of facilities as long as the current facilities do not meet the guidelines by the State. Supervisor Bradshaw moved that County Administrator Caskey be authorized to submit the appropriate application of form. 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. Assistant County Attorney Popovich requested permission to advertise for public hearing the lease of County property located on Walter's Highway. Supervisor Wright moved that the Board authorize the County Attorney's office to advertise the matter for public hearing at the Board's July 16, 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. Assistant County Attorney Popovich advised that he had three (3) matters to discuss with the Board later during the closed meeting. // Chairman Brown called for the Parks and Recreation report. 11 Mark W. Furlo, Parks Administrator, presented By -Laws for the Bike and Pedestrian Committee, which was originally established March 1, 2001. Supervisor Clark moved that the Bike and Pedestrian Committee By- Laws be adopted. 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 presented a Resolution Requesting the Designation of a Colonial Historic Trail Segment of the East Coast Greenway through the County of Isle of Wight for the Board's consideration. He stated that the Resolution proposes an interim route, which, when completed, will be designated as an interstate from the States of Maine to Florida with a segment traveling through the Hampton Roads area. Supervisor Bradshaw moved that the following Resolution be adopted and that staff be directed to continue to work with the Greenway Alliance to designate a permanent route through the County: RESOLUTION REQUESTING THE DESIGNATION OF A COLONIAL HISTORIC TRAIL SEGMENT OF THE EAST COAST GREENWAY THROUGH THE COUNTY OF ISLE OF WIGHT WHEREAS, the East Coast Greenway is a proposed 3,000 -mile, shared -use pathway that will pass through Isle of Wight County in the Commonwealth of Virginia to connect cities along the eastern seaboard from Calias, Maine to Key West, Florida; and WHEREAS, The Commonwealth of Virginia is one of 15 states and the District of Columbia through which the Greenway runs; and WHEREAS, the Greenway, considered the "urban equivalent of the Appalachian Trail ", will pass through sites showcasing the nation's industrial, historic, and cultural diversity; and WHEREAS, the Greenway will spur the building of a network of pedestrian and bicycling greenways through the Commonwealth of Virginia, a goal encouraged by the Isle of Wight County Board of Supervisors and other agencies within the state; and WHEREAS, the Greenway will serve bicyclists, walkers, equestrians, the physically challenged and other non - motorized users, both local residents and long distance travelers; and WHEREAS, the Greenway, by providing an off -road route separated from vehicular traffic, will encourage people of all ages to increase the time 12 they spend outdoors, offering improved health and physical fitness through improved access to their communities; and WHEREAS, the Greenway, by offering tourists access to cultural and historical sites, will bring economic benefits to towns and businesses along the route; and WHEREAS, the Isle of Wight County Bike and Pedestrian Committee has endorsed the route through the County of Isle of Wight. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Greenway Alliance to accept the proposed route through Isle of Wight County as the Interim Colonial Historic Trail Segment of the East Coast Greenway BE IT FURTHER RESOLVED, that the Board of Supervisors requests the Greenway Alliance continue to work with Isle of Wight County to identify a permanent route for the Colonial Historic Trail Segment of the East Coast Greenway through the County of Isle of Wight. 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 advised staff that certain boats are being tied up year round at Tyler's Beach Boat Harbor and other users at that facility feel like these boats are causing the electrical usage to increase. He requested staff to take appropriate action to place a restriction on those boats. Supervisor Clark moved that the problem of individuals living off their boats year round at Tyler's Beach Boat Harbor and using continuous electricity for heating and cooling be referred to the Interim County Attorney to develop a policy that restricts use of the electricity to fishermen and oystermen in that 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. /1 Chairman Brown called for the General Services report. Edwin P. Wrightson, Director of General Services, presented a drainage plan for the Isle of Wight County Museum, which had previously sustained extensive interior flooding damage during a Nor'easter in October of 2007. He advised that staff had been charged with the development of a drainage plan to reduce the probability of future flooding and included in the Board's agenda is a proposed conceptual plan at an estimated cost of $25,500. He advised that a pipe will be installed versus a grass swell, which 13 will act as a secondary system in the event that the primary system becomes blocked. He advised that staff is seeking authorization from the Board to complete the drainage plan and solicit quotes for construction. Supervisor Casteen moved that the completion of the drainage plan and solicitation of quotes for construction of the project 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. /1 Chairman Brown called for the County Administrator's report. Bruce A. Bruchey, Powell Management Associates, presented bids relating to utilities improvement projects associated with the construction of the Young -Laine courts building. He advised that Vico Construction Corporation had submitted the low bid and he requested that the Board authorize the posting of the intent to award and, following the posting period, authorize the Chairman to enter into a contract with Vico Construction Corporation in the amount of $567,982. Responsive to concerns expressed by Supervisor Bradshaw with respect to the septic field for the existing Administration building, Mr. Bruchey advised that more than 300 individual hand samples of soil had been taken at the building site. He advised that reserve fields have also been identified for the County's future use, as well as a phase 2 field, to support a future new School Administration building, a new Emergency Management facility and the proposed expansion of the Human Services building. Supervisor Wright moved that the Board authorize the posting of the intent to award and, following the posting period, authorize the Chairman to enter into a contract with Vico Construction Corporation in the amount of $567,982. 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. Bruchey stated in response to the elevated water storage tank construction project for the Young -Laine courts building, only a single bid had been received and opened. He stated that the new elevated water storage tank is intended to support the new Laine -Young courts building, as well as convey water from the two (2) new wells which have been constructed and tie into the existing water system which serves the entire County complex. He stated that discussions are currently underway for additional facilities on the Poor House Road campus and he will likely be recommending that the County extend that water line under Courthouse Highway and that this water tank will support those facilities, as well. He advised that there are only three (3) manufacturers of this nature in the United States and one (1) of the three 14 (3) manufactures had advised him in advance that they were too busy and that they would not be responding to the solicitation for bids. He advised that one (1) bidder had experienced a problem with the overnight delivery service that he had selected to have his bid delivered and that his bid had not arrived in a timely fashion and, therefore, could not be considered by the County. He recommended award of the bid to Caldwell Tanks, Inc. in the amount of $816,000. Supervisor Bradshaw moved that the Board authorize the posting of the intent to award and, following the posting period, authorize the Chairman to execute the construction contract with Caldwell Tanks, Inc. in the amount of $816,000. 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 Accept and Appropriate Grant Funds from the U.S. Department of Homeland Security for a Fire Station Construction Grant for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR A FIRESTATION CONSTRUCTION GRANT WHEREAS, the Board of Supervisors of Isle of Wight County has authorized an application for funding from the A.R.R.A. Fire Station Construction Grant; and, WHEREAS, the amount of grant funding as shall be determined and received from the U.S. Department of Homeland Security needs to be accepted and appropriated to the FY 2009 -10 General Operating Budget of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that grant funds in the amount as shall be determined and received from the U.S. Department of Homeland Security be appropriated to the appropriate line item in the FY 2009 -10 General Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments 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. 15 Donald T. Robertson, Director of Information Services and Legislative Affairs, publicly recognized Lane DeVites and her staff for their efforts associated with the Section 8 Program, which was one (1) of seven (7) programs to receive a Virginia Housing Development Authority Award. // Chairman Brown called for consideration of the Consent Agenda. A. Part-time Funding for Treasurer Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Part-time Funding for Treasurer's Office B. Part -time Funding for Clerk of Court Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Part-time Funding for Clerk of Court's Office C. Application for Grant Funds — Litter Prevention and Recycling Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Environmental Quality for the Virginia Litter Prevention and Recycling Grant D. Amendment to Memorandum of Understanding Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Commissioner of the Revenue E. Jordan Bridge Replacement F. Refuse Collection Budget/Convenience Center Operating Hours G. Fleet and Equipment ManagementNehicle Identification H. Opportunity, Inc. /Summer Youth Employment I. Isle of Wight County Emergency Assembly Center Evaluation J. Litter Pick Up K. Monthly Engineering Projects Report L. Delinquent Real Estate Tax Collection Monthly Report 16 M. May 7, 2009 Regular Meeting Minutes N. May 14, 2009 Special Meeting Minutes Supervisor Bradshaw moved that Items (C), (G) and (I) be removed and approve the remaining Consent Agenda items. 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 (C), Application for Grant Funds — Litter Prevention and Recycling/Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Environmental Quality for the Virginia Litter Prevention and Recycling Grant, Supervisor Wright moved that the following Resolution be approved: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE VIRGINIA LITTER PREVENTION AND RECYCLING GRANT WHEREAS, the Board of Supervisors of Isle of Wight County has authorized an application for funding from the Virginia Litter Prevention and Recycling Grant; and, WHEREAS, the amount of grant funding as shall be determined and received from the Department of Environmental Quality needs to be accepted and appropriated to the FY 2009 -10 General Operating Budget of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that grant funds in the amount as shall be determined and received from the Department of Environmental Quality be appropriated to the appropriate line item in the FY 2009 -10 General Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments 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. Regarding Item (0), Fleet and Equipment Management/Vehicle Identification, Supervisor Wright moved that Item (0) be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, 17 Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (I), Isle of Wight County Emergency Assembly Center Evaluation, Supervisor Casteen moved that Item (I) 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. 1/ Supervisor Casteen moved that Joe Giltner be appointed to serve on the Bike & Pedestrian Facilities 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. Supervisor Casteen moved that Norma Odom - Leonard be appointed to serve on the Social Services 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 Casteen moved that Hap Dashiell be appointed to serve on the Recycling 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. Supervisor Bradshaw requested Mr. Robertson to advise the Board regarding a recommendation for an individual to serve as the At -Large representative on the Boykin's Tavern Advisory Committee. // Chairman Brown called for Appointments. Chairman Brown declared a recess. Chairman Brown called the meeting back to order. Chairman Brown called for Old Business. Lisa Betterton, Registrar, requested additional funding to cover the cost of the part-time position and on -call hours in her office. Supervisor Bradshaw moved that the following Resolution be adopted: 18 RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR FUNDING FOR REGISTRAR'S OFFICE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized funding for additional part-time and on -call hours in the Registrar's office; and, WHEREAS, funds in the amount of eleven thousand two hundred seventy dollars ($11,270) needs to be appropriated to the appropriate line items in the FY 2009 -10 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 eleven thousand two hundred seventy dollars ($11,270) from the Unappropriated Fund Balance of the General Fund be appropriated to 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. Ms. Betterton requested the Board's consideration relative to a pay adjustment for the Assistant Registrar position in her office. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR FUNDING FOR REGISTRAR'S OFFICE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized funding for additional compensation in the Registrar's office; and, WHEREAS, funds in the amount of seven thousand fifty six dollars ($7,056) needs to be appropriated to the appropriate line items in the FY 2009 -10 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 seven thousand fifty six ($7,056) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. 19 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. Regarding the Isle of Wight Humane Society's initial request for $5,500 and which had been denied by the Board, Supervisor Clark requested that the matter be revisited as the Humane Society does not have sufficient funds to operate. Supervisor Clark moved that the Board authorize $2,500 from the Unappropriated Fund Balance to the Isle of Wight Humane Society for feral cats. 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 New Business. Responsive to American K -9 Kennels allowing their dogs to run loose on the Fairgrounds, Supervisor Wright moved that a letter be sent to American K -9 Kennels stating that they do not have permission to use County property at Heritage Park. He withdrew his motion following advisement from Assistant County Administrator Small that staff has cancelled American K -9 Kennel's privileges to use Heritage Park. Supervisor Clark, in response to the Cell Tax Fairness Act of 2009, which would prohibit State and local governments from opposing any new discriminatory taxes on wireless providers service for five (5) years, moved that staff be directed to send a letter to NACo's President and advise that the County supports his efforts in opposing legislation that would preempt State and local taxing authority of wireless communications and also send a letter to VACo requesting what that organization position has been thus far on that issue. 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 stated that NACo is opposing legislative initiatives that preempt local governments' decision makings with regard to various preemptions of State laws and VACo needs to take a strong stand on that issue and the County's legislatures need to be encouraged to do that, as well. 20 Supervisor Clark moved that the Chairman be authorized to send a letter to VACo's President inquiring that organization's position with regard to legislative initiatives that preempt local governments' decision making regarding various preemptions of State laws so that it can be addressed at the next Board of Directors' meeting in August. 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 notified the Board about a senior citizen identified by staff that does not have the economic means by which to connect to the new water system. Supervisor Bradshaw moved to direct staff to connect the senior citizen identified by staff to the new water system at the County's expense due to exceptional hardship. 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 Redistricting Committee be formed for the upcoming 2010 census to be made up of two (2) representatives from each of the five (5) districts, the Electoral Board, the Registrar, the County Attorney and the Secretary of the Electoral Board, who is to serve as Chairman of the 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. Supervisor Bradshaw moved to direct County Administrator Caskey to follow up with Charter Communications in reference to concerns expressed by Chad Albert on Tomlin Hill Road. Staff is to also follow up with Mr. Albert. 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/ Assistant County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711A.1 of the Freedom of Information Act to discuss personnel matters pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.1 to discuss a personnel matter pertaining to a specific public employee; and, pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel regarding a possible voluntary boundary adjustment. Supervisor Bradshaw moved that the Board enter the closed meeting for the reasons stated by Assistant County Attorney Popovich. 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. 21 Supervisor Bradshaw moved that the Board return to open session. 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: 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 the Board approve the Memorandum of Agreement with the Commonwealth Attorney, as 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. Mr. Robertson was directed to communicate with Congressman Forbes' office that the Board would like to meet with him on July 23, 2009 in Washington, D.C. 22 Supervisor Bradshaw moved that Supervisor Wright be appointed as the Alternate on the SPSA Board, replacing County Administrator Caskey. 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. I/ At 9:10 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. 01 1 ' Lib C arey ills Storm, Clerk 23