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01-17-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEEN DAY OF JANUARY IN THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: JoAnn W. Hall, Chairman, Presiding Hardy District Byron B. Bailey, Vice Chairman Newport District Rex W. Alphin Carrsville District Delores M. Darden Windsor District Alan E. Casteen Smithfield District Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk CALL TO ORDERANVOCATION /PLEDGE OF ALLEGIANCE The meeting was called to order at 5:00 p.m. by Chairman Hall. The invocation and the Pledge of Allegiance to the Flag were provided by Supervisor Bailey. APPROVAL OF THE AGENDA Under the Consent Agenda, a Resolution was added in Support of Benn's United Methodist Church's Request for Retaining a Full Median Break on Benn's Church Boulevard; under the County Administrator's report, a report was added regarding a Memorandum of Understanding with Western Tidewater Community Transportation Collaborative (WTCTC); under the County Attorney's report, discussion was added regarding the procedure to be used for continued leasing of County property for hunting purposes; under the Closed Meeting, three (3) items were added and the Closed Meeting was moved to immediately following the Special Presentations; under Old Business, discussion was added regarding budgetary guidance from the Board; and, under New Business, two (2) items were added. Supervisor Alphin moved that the agenda be adopted as revised. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, I Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS /APPEARANCES A dog available for adoption at the County's animal shelter was displayed by Animal Control staff. Brandy B. Day, Director of Human Resources, publicly recognized Benjamin Faltz and W. Douglas Caskey for 25 years of continuous service with the County; William Blair, Jr. was recognized for 20 years of continuous service; Julie Boswell, Norma Wilson and Charie Wells were recognized for 15 years of continues services; Donna Proffitt, Charles Glassco, Mildred Wuchter, Charlie Edwards, Carlene Young, Richard Hurdle and Cheryl McClanahan were recognized for ten (10) years of continuous service; John Gilliam, Paul King, Christine Bruner, Tristian Barnes, Amanda Pulley, Sherry Jones, Kathy Scarberry, Richard Sienkiewicz, Andrew Reed, Janet Bleiler, Ericka Bottoms, Joyce Bottoms, Katherine Stephens, Marvia Woods - Barnes, Sheryl Kellum, Phillip Pollard, Phillip Grant, James McNew, Evelyn Holloman, Thelma Clarke, Michael Hargrave, Jerry Doyle, William Byrum, James Pope, William Fordham, Jr., Fred Nurney, Douglas Meier, Thomas Damon, Inga Johnson, Alice Jones, Steven Borst, Nancy Linkous, Sherri Haverty, Nancy Mayo, Clarence Newsome, Jr., Sharon Crocker, Tracey Neikirk and Lisa Perry were recognized for five (5) years of continuous service. Lynn Briggs, Director of Instructional Technology, Isle of Wight County Schools, introduced Darnelle Carr, Tina Evans and Karen Franklin, Instructional Technology Resource Teachers with the Isle of Wight County Schools, who provided a brief presentation on instruction with technology. Connie Rhodes, Director of the Chamber of Commerce, introduced Diana Beale, CPA with Beale & Curran PC, who was featured under the Small Business Close -up segment of the agenda. CLOSED MEETING A closed meeting was requested by County Attorney Popovich pursuant to Section 2.2- 3711.A.7 of the Code of Virginia, concerning consultation with legal counsel requiring the provision of legal advice pertaining to school roll over funds; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Boykin's Tavern Advisory Committee; and, pursuant to Section 2.2- 3711.A.1 regarding discussion involving a personnel matter. Supervisor Darden moved to enter the closed meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 2 Supervisor Bailey moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.1) 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: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 There was no action taken following the closed meeting. 3 CONSENT AGENDA A. Compressed Workweek Agreement B. Statement of the Treasurer's Accountability C. Monthly Delinquent Tax Collection Report D. Fiscal Year -13 Monthly Financial Reports for County and Schools E. December 20, 2012 Special Meeting Minutes F. December 20, 2012 Regular Meeting Minutes G. Resolution in Support of Benn's United Methodist Church's Request for Retaining a Full Median Break on Benn's Church Boulevard (Added under Approval of the Agenda) Requests for the removal of Items (A), Compressed Workweek Agreement and (D), Year 2012 -13 Monthly Financial Reports for County and Schools, were noted. Supervisor Casteen moved that Items (A) and (D) be removed and that the remaining items on the Consent Agenda be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Brandy B. Day, Director of Human Resources, defined the purpose of a compressed workweek and reviewed the definitions, eligibility, guidelines and program benefits as drafted by staff for implementation of the voluntary program on a trial basis. The potential for abuse, increased operating expenses and the safety of employees was discussed. The creation of a non - monetary benefit for employees who would be able to participate in the program, it would keep the County competitive and retain good employees, as well as the ability to accommodate the public after 5:00 p.m. or before 8:30 a.m. was discussed. Following a trial period, the Board is to be provided an analysis on the pros and cons of the program, to include any increase in utility bills. Supervisor Alphin moved that Item (A), Compressed Workweek Agreement, be adopted effective January 28, 2013 and that it be monitored and reviewed by staff following a six (6) month trial period. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Item (D), Year 2012 -13 Monthly Financial Reports for County and Schools, be revised to include a revenue line item for State, Federal and Other. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS 11 Supervisor Darden reported the Hampton Roads Planning District Commission had received a report regarding how Hampton Roads compares to other regions with respect to unemployment rates and which employment sectors experienced the most job losses. She advised the largest increase in jobs has been in leisure and hospitality, health care and social services. She reported the 2013 Hampton Roads forecast predicts moderate growth in civilian employment, retail, auto and truck sales with single family residential building permits expected to rise 5 %. County Administrator Caskey offered to email the full HRPDC report to full Board. Supervisor Darden reported that the Governor's proposed transportation plan has been reviewed and the Hampton Roads Transportation Planning Organization has been asked to endorse a referendum placing an additional $.01 sales tax. Supervisor Bailey reported that a medical services contract for the Western Tidewater Jail was discussed and a cost analysis on heat and electric bills is being considered. TRANSPORTATION MATTERS Herb DeGroft of Mills Swamp Road requested a "blind intersection" sign be installed traveling towards Carrollton Boulevard at the sharp left on Reynolds Drive. At 7:00 p.m., Supervisor Bailey moved to amend the regular order of the agenda to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARING Lease of Public Property for Agricultural Purposes County Attorney Popovich certified that the matter has been properly advertised for public hearing. Chairman Hall opened the public hearing and called for those to speak in favor or in opposition to the matter. No one appeared and spoke and Chairman Hall closed the public hearing. Supervisor Alphin moved that the lease be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Z Supervisor Alphin moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. CITIZENS COMMENTS Herb DeGroft encouraged the Board to use its influence with the Sheriff to have the School Resource Officers returned to all County school sites and to take action on the School Board's $934,000 funding request. Chairman Hall declared a ten - minute break. COUNTY ATTORNEY REPORT Responsive to an inquiry from Supervisor Alphin regarding the increased population of coyotes and whether or not a bounty would be an effective means of regulating their presence in the County, County Attorney Popovich advised included in the agenda are comments from localities with past experience with bounty programs, a report by the United States Department of Agriculture and a newspaper article on the issue. Supervisor Bailey moved to postpone the matter until a report from the Sheriff's office and Animal Control can be provided regarding the disposal of carcasses, identification of who killed the animal and how the money would be dispensed. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich addressed the Board regarding a potential streamlining process for executing contracts. He explained that currently all contracts over $50,000 are brought to the Board for consideration and execution and his recommendation is that the County Administrator execute all contracts budgeted for through the Operating Budget and only those contracts that require funding above and beyond budgeted funds come before the Board for its review and approval. He advised that a report of all contracts signed by the County Administrator could be placed in the Consent Agenda for the Board's information. The consensus of the Board was to keep the existing process at this time. County Attorney Popovich presented an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the County for the PACE Program in the amount of $160,715.64 which he recommends the Board authorize the County Administrator to sign on behalf of the Board. r� Supervisor Darden moved that the County Administrator be authorized to execute the Agreement with the Virginia Department of Agriculture and Consumer Services on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich requested the Board's direction regarding the length of time it would like for leases for hunt clubs to be from this point further. He advised that currently such leases are for a one -year period. Supervisor Alphin moved that moving forward all hunt club leases be for a term of three (3) years. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT County Administrator Caskey presented a request from the Schools for FY12 Open Purchase Orders. County Attorney Popovich advised that staff had been notified prior to the meeting by the Chief Financial Officer of Isle of Wight County Schools and the School Attorney that the Board table consideration of said request until the Board's February 21, 2013 meeting. Supervisor Bailey moved that the matter be tabled until the Board's February 21, 2013 meeting responsive to the request of the School's CFO and Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request for funding from the Electoral Board for the purchase of 28 laptop computers for use as Electronic Poll Books at fourteen (14) precincts in the County. He advised that approval of the request would result in a budgetary impact to the County in the amount of $5,306, which would need to be taken out of the County's Undesignated Fund Balance. Supervisor Casteen moved that the Electoral Board's request be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented a Resolution to Support House Joint Resolution 548 and Senate Joint Resolution 267 (Commending Delores Darden on her selection as the 2012 Monsanto America's Farmers Mom of the Year for the Southeast Region and her public service and contributions to the agricultural industry in Virginia) for the Board's consideration. 7 Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO SUPPORT HJR 548 AND SJR 267 WHEREAS, House Joint Resolution 548 and Senate Joint Resolution 267 will be considered during the 2013 Virginia General Assembly Session as a means of commending Delores Darden on her selection as the 2012 Monsanto America's Farmers Mom of the Year for the Southeast Region and for her public service and contributions to the agricultural industry in Virginia; and, WHEREAS, Mrs. Darden is a resident and public servant of the County of Isle of Wight, Virginia; and, WHEREAS, Mrs. Darden is a member of the Isle of Wight County Board of Supervisors; and, WHEREAS, The Board of Supervisors supports the recognition and commendation of Mrs. Darden's accomplishments and public service. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia supports House Joint Resolution 548 and Senator Joint Resolution 267. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Following a briefing by Mr. Robertson regarding legislation under consideration by the members of the General Assembly, Supervisor Casteen moved to go on record in opposition to HB No. 1450 and SB No. 824 (Additional 1% sales and use tax in Counties in District). The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved to go on record in opposition to HB No. 2164 (Unexpended or unencumbered school and educational funds). The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Regarding SB No. 81 (Volunteer Fire/EMS Departments; allows localities to adopt ordinances to directly bill insurance), Supervisor Casteen expressed an interest in supporting it. Mr. Robertson noted that he would like to investigate how this proposal differs from the County's current practice. The Board members noted they would like additional information before taking official action to support it. County Attorney Popovich advised that legislation is specifically referring to emergency automobile accidents only. Supervisor Casteen moved that the Board go on record in support of SB No. 81 (Volunteer Fire/EMS Departments; allows localities to adopt ordinances to directly bill insurance). The motion was adopted by a vote of (3-1-1) with Supervisors Casteen, Darden and Bailey voting in favor of the motion; Supervisor Hall voting against the motion; and, Supervisor Alphin abstaining from voting on the motion. County Administrator Caskey reminded the Board that Mr. Chandler will be the Board's facilitator at the Board's training retreat on February 6, 2013 to discuss the budget process. He inquired if the Board wished for staff to attend the retreat. It was the consensus of the Board that its training retreat be held on Wednesday, February 6, 2013 from 3:30 p.m. until 9:00 p.m. in the Jury Room of the Young -Laine Courts Building. The Director of Budget and Finance is to have copies of the Board of Supervisors' 2011 -12 budgets at the Retreat for the Board's review with respect to cost overruns. County Administrator Caskey presented a Memorandum of Understanding with Western Tidewater Community Transportation Collaborative (WTCTC) to promote the enhanced delivery of transportation services and expand access and mobility for low- income seniors, persons with disabilities or might rely on community transportation for the Board's consideration. He advised that there is no financial commitment on the County's part. Supervisor Casteen moved that the Memorandum of Understanding be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. APPOINTMENTS Supervisor Bailey moved that 011ie S. King be appointed to the Planning Commission to represent the Newport District. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved, but withdrew his motion, that David Lockhart be appointed to the Planning Commission to represent the Newport District. I It was noted that the By -laws for the Planning Commission allow for two (2) Commissioners for each of the five (5) districts and one (1) at large member, who is to be rotated amongst the districts. It was further noted that the at- large position has been retained by the Newport District for a number of years and in the interest of fairness this position should once again be rotated amongst all districts or be removed from the by -laws. The County Attorney is to draft a set of proposed by -laws eliminating the Planning Commission At -large member for consideration at the Board's February 21, 2013. Supervisor Casteen moved that Lars Gordon be appointed to represent the Smithfield District on the Planning Commission Development Review Committee. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that Don Rosie be appointed to represent the Carrsville District on the Planning Commission Development Review Committee. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. OLD BUSINESS Chairman Hall selected the following Board members to serve on the following regional organizations: Chamber of Commerce Supervisor Casteen (Liaison/Ex- Officio) Coalition of High Growth Communities Chairman Hall and Supervisor Casteen Franklin Intergovernmental Relations Committee Supervisors Alphin and Darden Hampton Roads Economic Development Alliance Chairman Hall Hampton Roads Military and Federal Facilities Alliance Supervisor Darden Hampton Roads Partnership Chairman Hall Joint Tourism Committee Chairman Hall and Supervisor Darden 10 Mayors and Chairs Caucus Chairman Hall Smithfield Intergovernmental Relations Committee Chairman Hall and Supervisors Casteen and Darden Social Services Board Supervisor Casteen South Hampton Roads Resource Conservation and Development Council Supervisor Alphin Southside Mayors and Chairs Chairman Hall Western Tidewater Regional Jail Authority_ Chairman Hall and Supervisor Bailey Windsor Intergovernmental Relations Committee Supervisors Alphin and Darden // Chairman Hall selected the following Board members to serve on the following Boards and Committees: Budget & Finance /CIP Parks and Recreation Rex W. Alphin Buzz Bailey JoAnn W. Hall Rex W. Alphin Building, Grounds and Transportation Personnel Al Casteen Delores C. Darden Buzz Bailey JoAnn W. Hall Solid Waste/Recycling Schools Rex W. Alphin Rex W. Alphin Delores C. Darden Delores C. Darden Economic Development/Intermodal Law Enforcement Rex W. Alphin Al Casteen Delores C. Darden Buzz Bailey Chairman Hall further requested the Board members serve on the following: Comprehensive Services Act Policy and Management Team Supervisor Casteen 11 Isle of Wight Commission on Agin Supervisor Bailey Isle of Wight Fair Committee Supervisor Alphin Isle of Wight Fire and Rescue Association Supervisor Alphin Small Business Committee Supervisor Casteen (All other Boards and Committees where Board members serve appointed terms will remain unchanged). County Administrator Caskey requested budgetary guidance from the Board as to what it wishes for him to communicate to staff. Supervisor Bailey moved that staff s budgets be presented to the Board containing a 5% decrease. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Staff is to provide clarification on fiscal impacts associated with a 5% decrease on their respective budgets. NEW BUSINESS Regarding needed repairs to the Carrollton Volunteer Fire Department, Supervisor Bailey moved that Mr. Wrightson be directed to contact that organization and address needed repairs, such as water coming in the roof over the EMS room and loose handrails at the steps). The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved to direct staff to review the County's current ordinances with respect to the greenhouse industry so that changes, if needed, can be made in order to be more accommodating for that type of business in the future. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. ADJOURNMENT At 8:45 p.m., Chairman Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, 12 Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. LMA-F, - - - I - I I UfA' -j JyMIL-i Carey I ills STorrm, Clerk 13