11-05-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF NOVEMBER 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: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
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Chairman Brown called the meeting to order at 5:00 p.m.
Supervisor Clark delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton requested that the Emergency Services
Report follow Special Presentations and that four (4) closed meeting items be
added to the County Attorney's report.
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.
Chief Sullivan displayed animals currently available for adoption at the
County's animal shelter.
Pinky Hipp and Martha Peerey, participants in the 2009 Isle of Wight
Leadership Group, briefed the Board on a group called "Pals with Paws ",
whose mission is to increase the number of pet adoptions by presenting clean,
groomed animals at the Olde Towne Curb Market.
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Supervisor Bradshaw provided an update on efforts taken with regard
to the transition of International Paper employees and their families as a
result of the recent closure announcement of that plant.
County Administrator Caskey distributed copies of a letter from the
Chairman of International Paper to Virginia's Congressional Delegation and
North Carolina Delegation advising that demand and capacity are the reasons
behind the closure of International Paper and that existing machines and
other parts will be dismantled and moved offsite to other facilities.
Supervisor Bradshaw requested that two (2) Board members be
designated to serve on a committee to work with the County's Director of
Economic Development on economic recovery efforts.
Supervisor Clark moved that Supervisor Bradshaw be designated to
serve on the Executive Committee and Supervisor Wright on the Economic
Recovery Committee, along with the Director of Economic Development.
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.
Gerald H. Gwaltney, Commissioner of the Revenue, reported that
International Paper represents $5.7 million in machinery and tools tax; it
represents 29% of the personal property revenue for the County; and,
represents 6% of the County's revenue. He noted that other industries related
to International Paper that will be impacted by the current economic time are
ATC Panels, which generates approximately $157,000 in Machinery and
Tools taxes; Specialty Minerals, which generates $78,000 in Machinery and
Tools taxes; and, Franklin Equipment Company, which generates $57,000. in
Machinery and Tools taxes. He noted that contractors doing business with
International Paper pay $11,000 in Business Licenses and generates $114,000
in Sales and Use taxes annually. He noted that four (4) of the top ten (10)
Personal Property taxpayers are closing, as follows: International Paper;
ATC Panels, Inc.; Specialty Minerals; and, Franklin Equipment Company.
He noted that the Real Estate tax on International Paper's mill buildings
generates $477,000; that the International Paper Power Plant generates
$567,000; and, that staff has been advised that historically International
Paper has dismantled other sites once the closure occurs although staff does
not have confirmation at this time. He advised that staff will be monitoring
and will keep the Board apprised how the closure of International Paper may
affect the County's reassessment values. He advised that $.01 generates
$441,000; that FY2011 requires a $.02 increase to offset the loss; and, that
FY2012 requires a $.12 to $.14 increase to offset the loss.
Supervisor Clark requested that the Board, at its November 19, 2009
meeting, be provided a list of ancillary businesses that will be impacted by
the closure of International Paper.
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Donald T. Robertson, Director of Information Services and Legislative
Affairs, advised that staff continues to work with the City of Franklin and
Southampton County to identify all available resources for individuals
impacted by International Paper's closure. He advised that there is a resource
availability page on the County's website that can be utilized by individuals
with respect to available services.
Lisa T. Perry, Director of Economic Development, reported on
economic recovery efforts to date stating that she has been meeting daily with
Franklin and Southampton County economic development partners to ensure
that the most up-to -date information is available. She advised that staff
continues to seek the disposition of International Paper's real estate with
respect to what assets will be retained. She advised that the Governor is
being requested to designate the industrial campus at International Paper as
an enterprise zone, which would assist with business recruitment efforts and
reuse opportunities. She advised that staff is soliciting feedback from other
organizations and communities that have experienced International Paper
mill closures. She advised that staff is working with the Isle of Wight and
Franklin/Southampton area Chambers of Commerce in an effort to continue
support of the County's small businesses. She advised that staff continues to
identify potential grant and stimulus funding resources and business
recruitment strategies with respect to recovery efforts. She advised that staff
will be meeting with the Virginia Economic Development Partnership on
November 19, 2009 to request that a dedicated Business Development
Manager be assigned to work two (2) days a week with the County, the City
of Franklin and Southampton County on a recovery plan. She advised that
staff is also developing a proposed budget for the Economic Development
Department to facilitate adequate manpower and resources necessary to
manage the economic recovery efforts while manning the day - to-day
operations of that Department.
Supervisor Bradshaw moved that Ms. Perry be authorized to present
the County's formal request for a dedicated Business Development Manager
to work with the City of Franklin and Isle of Wight and Southampton
Counties on a recovery plan at least two (2) days a week at the Virginia
Economic Development Partnership meeting on November 19, 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.
Supervisor Bradshaw commented that International Paper generates its
own electricity through coal, steam and natural gas, which are very
marketable resources. He advised that International Paper is permitted to
withdraw 40 million gallons of untreated water a day from the aquifer;
however, he does not believe that there will be any regional opportunities
with respect to the water. He advised that International Paper also has a
landfill located between Lee's Mill Road and Jenkins Mill Road, which could
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present a regional opportunity in light of the issues currently being
experienced with the Southeastern Public Service Authority. He noted that
International Paper's office buildings and warehouse facilities could also be
utilized by other businesses. He commented that International Paper's 1,100
acres of land could potentially be marketed, which has excellent road and rail
accessibility, as well as the nearby airport. He advised that he and Supervisor
Wright's proposal to the CIP Committee is that there will be no Capital
Improvements Plan (CIP) in five (5) years; that all projects will be eliminated
when a five (5) year budget is presented; and, that only items that the Board
has previously voted and is committed to will be presented in the CIP budget.
He noted that the Finance Committee will not be accepting any budget
overruns on any projects in the future.
Sheriff C. W. Phelps briefed the Board regarding accreditation and a
Crime Prevention Community Program. He advised that two (2) Deputies,
certified by the Department of Criminal Justice Services, have been dedicated
solely to crime prevention duties in the Sheriff's office. He advised that
participation in the Crime Prevention Community Program not only gives a
community preference in the State Criminal Justice Crime grant application
process, but it can be used as a marketing tool to those interested in finding a
safe place to live and work. He stated that it also offers homeowners an
opportunity to seek premium reductions from insurance companies. He
advised that upon his office requesting application for certification, a formal
resolution of participation must be submitted by the Board. He requested the
Board show its support by endorsing the creation of a Crime Prevention
Council consisting of law enforcement personnel, local government officials,
school representatives, Social Services representatives and various
community groups.
Supervisor Clark moved that the Board support and authorize the
Sheriff to pursue the Accreditation Program and the Crime Prevention
Community Program certification and also endorse the creation of the Crime
Prevention Council. 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.
Mike Newman, Windsor High School Principal, advised the Board
regarding a newly opened student run Credit Union program at the Windsor
High School.
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Supervisor Bradshaw moved that the request of the Isle of Wight
County Schools under the Community Development report be considered at
this point in the agenda. 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.
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Chairman Brown called for the Community Development report.
Beverly H. Walkup, Director of Planning and Zoning, presented the
Isle of Wight County Schools request for an exemption under Section 9 -1003
of the Isle of Wight County Zoning Ordinance to allow an informational sign
to be installed in addition to the existing school identification sign at
Windsor Elementary School located at 20008 Courthouse Highway (Route
258) in the Windsor Election District. She advised that the Windsor PTA has
purchased a school sign to inform the community and parents of upcoming
school events, such as early dismissals and health and safety announcements.
Supervisor Bradshaw moved that the Board approve the request. 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 Emergency Services report.
Steven A. Aigner, Coordinator of Fire and Rescue, formally introduced
Devin Butler, Chairman of the Fire and Rescue Association.
Mr. Butler, pursuant to the request of the Board, advised that the Fire
and Rescue Association has revisited its CIP submission and provided the
Board with its changes. He requested that with respect to the items that are
critical to public safety and have been pushed forward in time, that funds be
made available should there be any mechanical problems. He advised that
the Carrsville Volunteer Fire Department's request for a fire truck in the
FY2009 -10 CIP has been moved to FY2014 -15 and the Windsor Volunteer
Fire Department's request for a tanker replacement and building renovation
project has been moved out past the next five (5) years. He advised that
$500,000 remains in the CIP to be divided between Smithfield and Windsor
to equip two (2) trucks.
Jason Stallings, Smithfield Volunteer Fire Department, explained that
the Smithfield Volunteer Fire Department and the Isle of Wight Rescue
Squad took over solely the responsibility of heavy rescue service in the
Smithfield fire district and any district that is serviced by Isle of Wight
Rescue Squad for transport. He advised that the current fire truck is
overloaded with equipment. He advised that $500,000 was placed in the CIP
with the removal of the aerial ladder to be split between the two (2) agencies
to help outfit the two (2) trucks. He cautioned that to delay the purchase of
the heavy rescue vehicle will potentially cost the County an additional
$30,000 on the cost of the vehicle.
Rudolph Jefferson, Chief, Rushmere Volunteer Fire Department,
addressed that Department's need to purchase a fire engine because of
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electrical and intermittent mechanical problems with the existing truck. He
confirmed that the purchase of a new truck for the Rushmere Volunteer Fire
Department is an absolute necessity; however, if the request is not funded,
the Rushmere Volunteer Fire Department will continue to serve the
community.
Supervisor Bradshaw inquired if the building addition for the
Rushmere Volunteer Fire Department is a necessity.
Mr. Jefferson advised that additional building space is needed to house
the two (2) pieces of apparatus that are currently being stored outside under a
temporary shelter and that bunk space for men and women is also needed.
Supervisor Bradshaw moved to defer action on the request of
Rushmere Volunteer Fire Department's request in the FY 2009 -10 Capital
Budget to purchase a new fire engine and building addition until the Board's
December 17, 2009 meeting. In the meantime, Mr. Aigner is to investigate
the electrical engine problem that is occurring with that organization's truck
and be prepared to provide the Board with additional information prior to the
Board's December 17, 2009 meeting, to include maintenance records,
mileage of that vehicle and what the International Fire Standard is for
mileage on that type of engine. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
With respect to the Smithfield Volunteer Fire Department's request for
a new heavy rescue vehicle in the FY 2009 -10 Capital Budget, Supervisor
Bradshaw moved that the purchase of a truck be placed on hold until the
Board's December 17, 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.
With respect to the Isle of Wight Rescue Squad, Brian Carroll, advised
that many of their projects were not moved out in the CIP because of the
number of calls run by that organization. He advised that the Squad's
existing vehicle recently went out of service due to a frame break resulting in
the request for a new first - response vehicle for that organization. He advised
that grant funding on that vehicle has been received and attempts to repair
and place that vehicle back in service as a basic -life support vehicle will be
made. He advised that in January 2010, action will be taken through the
State Rescue Squad Assistance Fund grant cycle to determine if 50% funding
can be acquired before the new vehicle is purchased. He advised that with
respect to the building project, the IOWRS is willing to delay the project, if
necessary.
With respect to the Windsor Rescue Squad, Mr. Butler advised that
medic replacements have been moved to FY2012 -13 and FY2015. He
advised that the Fire and Rescue Association has agreed that the heart
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monitors requested in FY2012 -13 are an item which is needed in order to
maintain the current level of service and that their purchase should not be
pushed forward in the CIP.
Supervisor Casteen recommended going forward with the bid on the
Smithfield Volunteer Fire Department building on the basis that that project
would offer the greatest amount of savings to the County.
Supervisor Wright requested that funding for the Rushmere Volunteer
Fire Department building be approved if the bid comes back under budget for
the Smithfield Volunteer Fire Department building.
Supervisor Casteen moved to direct staff to put the Smithfield
Volunteer Fire Department building construction out to bid. 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.
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Chairman Brown declared a ten (10) minute break.
Chairman Brown called for Regional Reports.
Ms. Perry reported that the recently closure announcement of
International Paper was the topic of discussion at the most recent meeting of
the Hampton Roads Economic Development Executive Committee. She
advised that an overview was provided of the region's unsuccessful projects
this year, which included project Neptune. She advised that a new marketing
campaign is being launched which will result in full -page and full -color ads
in regional newspapers promoting the Hampton Roads Alliance.
Ms. Perry advised that with respect to the Neptune project, Georgia and
Virginia had been competing for different projects, while South Carolina had
been given the chance to respond to a build -to -suit opportunity and were
willing to move the timeframe to the end of 2010 to take occupancy of that
building. She advised that staff had offered a build -to -suit proposal some
months ago; however, the County had not been afforded that option and staff
had felt that it was an unfair advantage to both Georgia and Virginia which
had been competing on completely different projects.
Supervisor Bradshaw reported that a vote on high -speed rail on Route
460 had taken place at the most recent meeting of the Hampton Roads
Transportation Planning Organization.
Chairman Brown reported that high -speed rail and the impact of
International Paper had been discussed at the most recent meeting of the
Mayors and Chairs Caucus.
Supervisor Wright reported that the County's request to withdraw from
SPSA had been declined at the most recent meeting of the Southeastern
Public Service Authority.
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Chairman Brown called for Transportation Matters.
Edwin P. Wrightson, Director of General Services, presented a
Resolution to Authorize the Execution of the Project Administration
Agreements and any Future Agreement(s) Relating to the Stimulus American
Recovery and Reinvestment Act (ARRA) Funded Projects for the Board's
consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE EXECUTION OF THE PROJECT
ADMINISTRATION AGREEMENTS AND ANY FUTURE
AGREEMENT(S) RELATING TO THE STIMULUS AMERICAN
RECOVERY AND REINVESTMENT ACT (ARRA) FUNDED PROJECTS
WHEREAS, Isle of' Wight County was allocated stimulus funds from
the ARRA for Virginia Department of Transportation (VDOT) projects; and
WHEREAS, The County has requested, and subsequently been
granted, the authority to administer two (2) ARRA funded projects for the
Route 17 Left Turn Lane Improvements at Kings Cove Way and the
Pedestrian Access Feasibility Study for Windsor Middle School; and
WHEREAS, to receive these funds from VDOT, the County must make
numerous submittals to VDOT and several environmental agencies prior to
having the project advertised before February 15, 2010.
NOW, THEREFORE BE IT RESOLVED, by the Isle of Wight County
Board of Supervisors, that the County Administrator is hereby authorized to
execute the Project Administration Agreements and any future agreement(s)
relating to the Stimulus ARRA Funded projects. The Project Administration
Agreements shall be substantially in the form submitted to the Isle of Wight
County Board of Supervisors at this meeting, which is approved, and may
include such modifications not inconsistent with this resolution as may be
approved by the Chairman.
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.
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Mr. Wrightson advised that VDOT has found a no -cost solution to fix
the Smithfield sign on Route 10.
Supervisor Wright, with respect to the Route 460 congestion letter
from Mr. Heuer, recommended that a stop Light be installed at Richardson
Avenue, as requested previously by the Town of Windsor on a number of
occasions.
With respect to a status report on the failing pavement at the United
States Post Office, MacFarland Neblett, VDOT Residency Administrator,
advised that he would request a report on the status with the Materials
Engineer.
Regarding flooding mitigation efforts for Owens Estate, Mr. Neblett
advised that VDOT is moving ahead with a channel drain at the intersection
of James Way and Route 10 which should be approved within the next two
(2) weeks.
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Chairman Brown called for Citizens Comments.
Terry Cuthriell addressed the Board regarding concerns with the
proposed Cypress Creek Coal Power Station. She requested that the Board
consider adopting a resolution of opposition to the proposal of a Cypress
Creek Coal Power Station in Hampton Roads.
Sharon Hart spoke in support of the Board adopting a resolution of
opposition on the coal power plant and that it be sent to Surry County and all
other permitting agencies involved in the decision to build such a plant in
Hampton Roads because of the health effect on the citizens of Virginia and
the citizens in the thirty (30) mile radius.
Supervisor Clark moved that staff be directed to request a
representative of the Chesapeake Bay Foundation to speak to the Board on
what occurs within the thirty (30) mile radius of a coal power plant. 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 Board comments.
Concerning the recent election and certain flyers and television ads that
alleged the misuse of County funds by him, Supervisor Clark advised that
with respect to the flyer which stated that he was at a five -star hotel on
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Valentine's Day evening in 2004 at the County's expense, he did stay at the
Berkley Hotel and attend the Chairman's Institute, which is sponsored by the
Virginia Association of Counties, and which had ended at noon on February
14, 2009. He advised that charges related to that stay were put on the County
Administrator's credit card because he has never been issued a County credit
card.
Supervisor Clark stated that he and the Interim County Attorney had
also attended an International Municipal Lawyers Association seminar in Las
Vegas which was putting on a seminar with respect to how to begin and how
to close out a telecommunications franchise. He stated at that time, this
Board was concerned about how to deal with Charter Communications and
the process that the County would be required to go through with the Federal
Communications Commission with respect to telecommunications franchises
that are not living up to their billing. He stated that there was also discussion
about imminent domain, use of force issues with regard to police officers, the
change in the law with regard to sovereign immunity and animal control
litigations. He stated that he and Interim County Attorney Burton were
attending seminars all day long each day. He stated that he does want to
educate himself on issues that are of concern to the County and bring back
ideas that can save the County money.
Supervisor Clark stated that with respect to the trip to Alliance, Texas,
he had gone in place of Supervisor Bradshaw, who could not go at the last
minute. He stated that the purpose of the trip was for economic development
purposes to visit the intermodal facility in Alliance and that the County had
sponsored the meal on the second night for 15 -20 people, which included the
Virginia Secretary of Commerce and Trade, at a cost of $934.
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Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton presented a contract for American K -9
Interdiction and requested authorization to advertise the matter for public
hearing.
Supervisor Wright moved that the Board authorize the County
Attorney's office to advertise the matter for public hearing at the Board's
November 19, 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.
Interim County Attorney Burton presented a Memorandum of
Understanding (MOU) with Opportunity, Inc. of Hampton Roads for the
Board's consideration for additional remaining funds to be used to extend
that program until the end of the year.
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Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the MOU 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.
Interim County Attorney Burton presented An Ordinance to Amend
and Reenact the Isle of Wight County Code by Repealing Chapter 15.
Taxation. Article I. In General. Section 15 -43 Solar Energy Equipment and
Recycling Equipment Partially Exempt from Taxation.
Supervisor Bradshaw called to the Board's attention that the County
has a tax exemption for the International Paper recycling facility, which is a
tax credit for real estate, which amounts to approximately $275,000 annually.
Interim County Attorney Burton presented An Ordinance to Amend
and Reenact the Isle of Wight County Code by Amending and Reenacting
Chapter 12. Offenses — Miscellaneous. Section 12 -1. Bad Checks Fee for
Writing to County and requested the Board authorize his office to advertise
the matter for public hearing.
Supervisor Clark moved that the Board authorize the County
Attorney's office to advertise the Ordinance for public hearing at the Board's
November 19, 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.
Interim County Attorney Burton presented a well dedication for the
Department of Health of the Commonwealth of Virginia and requested that
the Board authorize the Chairman to execute.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Well Dedication on behalf of 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.
Interim County Attorney Burton advised the Board that he had five (5)
matters to discuss with the Board later during the closed meeting.
Chairman Brown called for the General Services report.
Edwin P. Wrightson, Director of General Services, requested the
Board's consideration of reallocating funding in the FY 2009/10 Capital
Improvement Plan (CIP) for the General Services building expansion.
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Supervisor Clark moved to authorize the reallocation of approved FY
2009/10 CIP funds in the amount of $50,000 for engineering and
architectural work associated with a proposed General Services building
expansion to the Queen Anne's Court water system purchase. 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 requested authorization to approve and notify the Queen
Anne's Court customers of the pending water system sale.
Supervisor Clark moved that staff be authorized to approve and notify
the Queen Anne's Court customers of the pending water system sale, which
will include a $500 connection fee, and to develop a purchase agreement for
the system. 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.
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Chairman Brown called for consideration of the Consent Agenda.
A. Contribution to Preservation Virginia (APVA)
Resolution to Appropriate Funds to Contribute $5000 to
Preservation Virginia
B. Turf Mower and Zero Turn Mower Purchase for Parks and
Recreation
Resolution to Approve a Contract for Capital Equipment
C. Application for Grant Funds — Virginia Department of Criminal
Justice Services Victim Witness Assistance Grant Program
Resolution to Authorize the Submission of a Grant Application
and to Accept and Appropriate Grant Funds from the Virginia
Department of Criminal Justice Services
D. Application for Grant Funds — Virginia Department of Mines,
Minerals and Energy (DMME) Energy Efficiency and
Conservation Block Grant (EECBG)
Resolution to Authorize the Submission of a Grant Application
and to Accept and Appropriate Grant Funds from the Virginia
Department of Mines, Minerals and Energy
E. Safety and Personal Protective Equipment
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Supervisor Clark moved that Items (B) and (E) be removed and that the
remaining items on the Consent Agenda be approved. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Regarding Item (B), Turf Mower and Zero Turn Mower Purchase for
Parks and Recreation/Resolution to Approve a Contract for Capital
Equipment, Supervisor Bradshaw moved that staff be directed to investigate
the feasibility of privatization of countywide grass - cutting efforts, exclusive
of parks. 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 (E), Safety and Personal Protective Equipment,
Supervisor Bradshaw requested W. Lee Beechboard, Safety and Training
Coordinator, to investigate an incident whereby Emergency Services
employees had recently been working with a generator without taking any
safety precautions or utilizing protective equipment.
Supervisor Bradshaw moved to defer Item (E), Safety and Personal
Protective Equipment, to the Board's December 17, 2009 meeting for a
presentation by the Director of Budget and Finance along with all other
expenditures. 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.
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F. Monthly Engineering Project Status Report
G. Litter Pickup
H. Notes from the Small Business Committee Meeting on
September 9, 2009
I. Delinquent Real Estate Tax Collection Monthly Report
J. August 20, 2009 Regular Meeting Minutes
K. September 3, 2009 Regular Meeting Minutes
Supervisor Bradshaw moved that the time of the December 17, 2009
meeting be changed to begin at 5:00 p.m.; that the agenda consist solely of
finances brought forth by the Director of Budget and Finance; and, that any
public hearings and an International Paper presentation be given by
Economic Development. If there are any emergency items, the County
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Administrator is to list the amendment under "Approval of the Agenda." 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.
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Supervisor Wright moved that the resignation of Betty Alphin on the
Industrial Development Authority be accepted. 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 Lynn Alphin be appointed to fill the
unexpired term of Betty Alphin on the Industrial Development Authority.
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 appoint Joyce Carter to serve on the
Blackwater Regional Library 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.
County Administrator Caskey advised that he had been contacted by
the Director of Appointments with the Governor's office with a request that
the Board provide to the Governor a third name nomination for the SPSA
Board of Directors. He advised that a report will be contained in the Board's
November 19, 2009 agenda package for the Board to recommend a third
nominee.
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Chairman Brown called for Appointments.
Chairman Brown called for Old Business.
There was no old business offered for discussion by the Board.
Chairman Brown called for New Business.
Supervisor Wright moved to direct the Director of Budget and Finance
to respond to the request of the Industrial Development Authority (IDA)
Chairman for a balance sheet; what land has been transferred to the IDA;
what land is owned by the County but has not been transferred to the IDA;
and, the value of each property and how much is invested in each property.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
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Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Wright moved that Interim County Attorney Burton be
directed to review the Isle of Wight Hunt Club lease agreement with respect
to who is responsible for the payment of annual taxes. 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 staff be directed to provide a report to
the Board regarding the $18,000 to obtain software for a web page for the
County's website that would highlight and sell the IDA's inventory. 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 recommended that the Board visit the sewage system
in Sussex, which is the same system proposed for Lawnes Point on the
James.
/I
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.7 of the Code of Virginia for consultation with legal
counsel requiring the provision of legal advice pertaining to a lease
agreement with International Paper; pursuant to Section 2.2- 3711.A.3 to
discuss the acquisition of real property for a public purpose where discussion
in open meeting would affect the bargaining position and negotiating strategy
of the public body; pursuant to Section 2.2- 3711.A.1 concerning discussion
and consideration of a personnel matter pertaining to a specific public
official; pursuant to Section 2.2- 3711.A.1 concerning discussion and
consideration of a personnel matter pertaining to a specific public official;
pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel
requiring the provision of legal advice pertaining to probable litigation; and,
pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel
requiring the provision of legal advice pertaining to actual litigation.
Supervisor Bradshaw moved that the Board enter the closed meeting
for the reasons requested 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.
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.
15
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 Bradshaw moved that the Board authorize the County
Attorney to enter into an agreement for the settlement of the personnel matter
as discussed in closed meeting and authorize the Chairman to execute the
agreement. 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 Supervisor Clark's request, Chairman Brown agreed to
relay informally to the Director of Planning and Zoning that the Board is in
agreement with her using her discretion during the down turn in the economy
with respect to temporary signs and other things that need to be done in order
to bring new business into the County.
Supervisor Wright moved that the Director of Planning and Zoning be
directed to correspond with candidates and remind them of the County's
Ordinance with respect to sign removal following elections. The motion was
1 b
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
11
At 10:05 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.
�1! red
Carey } ills Sto m, Clerk
17
B. Brown, Jr., Chairman