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05-01-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF MAY IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr. (Vice-Chairman) Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Clark called the meeting to order at 4:00 p.m. // Supervisor Casteen delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Administrator?s Report, add Funding the Virginia Logos Program Signage for Historic Fort Huger; under the County Attorney?s Report, add cancellation of the County?s contract with On Line Information Services and the initiation of a new contract with First Point Collection Resources, Inc.; under the County Attorney?s Report, add authorization to advertise for a Public Hearing on May 15, 2008 for An Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year July 1, 2008 through June 30, 2009; under the County Attorney?s Report, add two (2) Closed Meeting items; under New Business, add one (1) item, per the request of Supervisor Wright; under Old Business, add two (2) items, per the request of Supervisors Brown and Wright; under the Closed Meeting, add one (1) item per the request of Supervisor Brown; under Transportation Matters, add an item pertaining to Route 460, per the request of Supervisor Bradshaw; under the General Services? Report, add two (2) items per the request of Supervisor Bradshaw; following Approval of the Agenda, add a report concerning the recent flood and tornado events from the Emergency Management Coordinator per the 1 request of Supervisor Bradshaw; and, under the Closed Meeting, add one (1) matter regarding acquisition of property per Chairman Clark?s request. 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. // Joseph R. Chase, Emergency Management Coordinator, briefed the Board on the April 21, 2008 flooding and April 28, 2008 F-1 tornado events which occurred in the County. County Administrator Caskey advised that he, acting in his capacity as Emergency Management Director, had declared a local emergency in the County at 8:30 a.m. on Tuesday, April 29, 2008. He presented a resolution declaring a local emergency in the County which the Board, at its first opportunity, is required to adopted. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION DECLARING A LOCAL EMERGENCY TO EXIST IN ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, does hereby find as follows: That due to the occurrence of destructive storms and high winds, the County of Isle of Wight has experienced a condition of extreme peril to the lives, safety and property of the residents of Isle of Wight County; That as a result of this extreme peril, the proclamation of the existence of an emergency is necessary to permit the full powers of government to deal effectively with this condition of peril. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that a local emergency exists in the County of Isle of Wight. BE IT FURTHER RESOLVED that during the existence of this emergency the powers, functions, and duties of the Director of Emergency Services and the Emergency Services organization and functions of the County of Isle of Wight shall be those prescribed by the laws of the Commonwealth of Virginia and the ordinances, resolutions, and approved plans of the County of Isle of Wight in order to mitigate the effects of said emergency. 2 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 Clark called for Special Presentations/Appearances. Chairman Clark presented a formal resolution to Judge Edwards recognizing his service, which was adopted by the Board at its February 21, 2008 meeting. Dr. Michael W. McPherson, Superintendent of Schools, introduced Katherine Goff, Public Information Officer, Isle of Wight County Public Schools, who briefed the Board on various communication efforts being implemented within the school system designed to improve communications within the community. Ms. Goff invited the Board to attend a student art show on th Wednesday, May 7 from 6:00 p.m. until 8:00 p.m. at The Smithfield Center. Steven A. Aigner, Fire and EMS Coordinator, introduced Ken Newell, Cooper and Newell, who briefed the Board on the proposed fire and EMS station for the Smithfield Volunteer Fire Department and Isle of Wight Rescue Squad. Responsive to an inquiry by Supervisor Wright, Mr. Newell noted that the existing EMS building could be utilized to store non-daily emergency vehicles and boats; for storage purposes; and, for any large training event. Responsive to an inquiry by Supervisor Brown, Mr. Newell advised that to convert the existing building into a two (2) story building would be more expensive than tearing it down and building another facility. He brought to the Board?s attention the fact that it would be difficult or impossible to make a right-hand/left-hand turn into the building because of the turning radius needed for some of the longer pieces of equipment. Chairman Clark moved that staff investigate and report back to the Board at its May 15, 2008 meeting how the plan and budgeting estimates were handled in the past due to the substantial increase and that the Finance Committee review and make a recommendation on how to proceed. 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. 3 Mr. Aigner advised Supervisor Brown that there will not be access to Route 10 as the parcel located behind the station is owned by VDOT. He further advised that the project is now anticipated to cost $6.8 million, an increase of $3.5 million over what was originally budgeted. Brian Carroll, Isle of Wight Volunteer Rescue Squad, commented that the Isle of Wight Rescue Squad has been unsuccessful in the past with obtaining permanent structure access to the property owned by VDOT. Chairman Clark moved that the VDOT Residency Administrator address the emergency access off of Route 10 from the Isle of Wight Rescue Squad property under the Transportation Report. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mark W. Furlo, Parks Coordinator, formally introduced Lori Jessee, the County?s new Fair/Events Coordinator, to the Board. Judy H. Winslow, Director of Tourism, formally introduced Jennifer Williams, the County?s new Historic Resources Manager, to the Board. // Chairman Clark called for Regional reports. Chairman Clark reported that the issue of the Outlying Landing Field was discussed at the most recent meeting of the Hampton Roads Military and Federal Facilities Alliance. Supervisor Wright reported that negotiations for a water contract were discussed at the most recent meeting of the Western Tidewater Water Authority. Supervisor Bradshaw reported that Jones Hooks, President/CEO, is leaving the Hampton Roads Economic Development Alliance and the Executive Board has hired a committee charged with searching for his replacement. Supervisor Bradshaw reported that he and Supervisor Wright will be attending a VACo Resolutions Committee meeting on May 16, 2008 and County Administrator Caskey will be attending a Planning and Conference Committee meeting on that same day. Relative to the Southeastern Public Service Authority, Supervisor Brown reported that the response to the RFP for the sale of the electrical power generated by the Waste-to-Energy Plant was discussed and the agreement with Dominion Virginia Power was terminated in favor of 4 American Electric Power Service Corporation. He advised that SPSA revenues are sufficient to pay off all debt service and are projected to be sufficient until 2009. He advised that the estimated capacity remaining in Cell 6, which is near capacity at this time, was discussed and the earliest date that Cell 7 can be ready is November 2011, which may not be sufficient time to ensure that Cell 7 is ready to receive waste. He stated there is an option of utilizing a private landfill, which would cost $3.6 million a month, as well as the option of delivering 210,000 tons of ash from the SPSA plant to Virginia Beach at a cost of $577,000 annually, which would give some reserve capacity in Cell 6. He stated that the outgoing Chief Executive Officer thought it would be strategically wise to begin the process of locating another site for a public landfill because Cell 7 will expire in 2019. Responsive to Supervisor Wright, County Administrator Caskey advised that studies are ongoing with respect to the continuation of SPSA or other options in lieu of the continuation of SPSA. Supervisor Bradshaw informed the Board that the community of Zuni and Isle of Wight were mentioned in the April 15, 2008 edition of County Connections in relation to Business Appreciation Week. Supervisor Bradshaw informed the Board that he and County Administrator Caskey had met with the Mayor and City Manager of Franklin to discuss the possibility of the County working with the City on the Franklin Airport. He noted that periodic reports will be made as this effort moves forward. // Chairman Clark called for Transportation Matters. Kristen M. Mazur, County Engineer, distributed copies of a Resolution of the Board of Supervisors of Isle of Wight County Regarding the Selection of Primary Priorities for the Virginia Department of Transportation?s Primary Six-Year Improvement Plan for the Board?s consideration. She advised that VDOT has had a reduction of 40% for primary, secondary and urban allocations resulting in certain projects being removed and other projects not being funded due to a lack of funds. Supervisor Bradshaw moved that the following Resolution be adopted: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY REGARDING THE SELECTION OF PRIMARY PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION?S PRIMARY SIX-YEAR IMPROVEMENTS PLAN WHEREAS, the Isle of Wight County Board of Supervisors, following a regular meeting on may 1, 2008, and giving notice of their intent to 5 request the Virginia Department of Transportation add the Route 258 Corridor, from the Town of Smithfield to Route 58 Business, to the Primary Six-Year Improvement Plan; and, WHEREAS, the Board has determined that the Route 258 corridor is in critical need of improvement; and, WHEREAS, this corridor serves as a primary north-south access to the two major industries in the County, Smithfield Foods, Inc. and International Paper Corporation; and, WHEREAS, consideration truck traffic, along with the regular traveling public, school buses and farm equipment encumber this route daily; and, WHEREAS, the Board has determined that because of its potential to address serious safety problems as well as to provide significant economic benefits for the movement of goods and services within the County and the Hampton Roads Region, Route 258 is a critical transportation link. NOW, THEREFORE, BE IT RESOLVED, the Isle of Wight County Board of Supervisors requests that a series of improvement projects on Route 258 be, and are hereby, recommended as priorities for inclusion in the Virginia Department of Transportation Primary Six-Year Improvement Plan; and, BE IT FURTHER RESOLVED, the Board of Supervisors hereby recommends the projects listed on the attached exhibit A, as follows: ISLE OF WIGHT COUNTY PRIMARY PRIORITY PROJECT RECCOMENDATIONS FOR INCLUSION INTO VDOT?S PRIMARY SIX YEAR IMPROVEMENT PROGRAM Realignment and widening are needed along Route 258 from two to four- lanes between Route 10-Smithfield Bypass to Route 58, including: ? The construction of the Route 258-Windsor Bypass and its grade-separated crossing at the Norfolk Southern rail line; and, ? The construction of the connector highway (Benns Church Connector) to relocate Route 258 south of Route 10 between Benns Church and Isle of Wight Courthouse: and, ? The reconstruction and widening of Route 258 south of Smithfield to extend the center turn lane to Route 620. In addition, please not that the following projects are considered to be other important and vitally necessary transportation improvement priorities in the County: 1. Construction of capacity and safety improvements to Route 10 in Isle of Wight County, including the widening of 6 Route 10-Bypass to four (4) lanes, along with similar improvements within the Counties of Surry and Prince George. 2. Full funding for the construction of dedicated left-turn lanes on Route 460 in the Town of Windsor from Route 258 eastward to Hidden Acres Circle. 3. Full funding for the replacement of the Blackwater Bridge between Isle of Wight County and the City of Franklin. 4. Full funding of the second phase of the Route 10 widening project from Fort Huger Drive, Route 676, to Track Lane, Route 624. 5. Construction and improvement of turn lanes on Route 17 and its intersection with Route 659, Kings Cove Way. 6. Improving the Benns Church intersection at Route 258 and Route 10 to include additional turning lanes. 7. Installation of variable message signs as a component of the Advanced Warning System for the James River Bridge. 8. Improvement of the drainage piping under Route 17 at Ragged Island Creek to accommodate additional flows, located 0.75 miles from the James River Bridge. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to 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. Supervisor Bradshaw requested staff to provide him a list of all unpaved County roads. Supervisor Bradshaw moved that the Board authorize staff to advertise the Six-Year Priority Plan and Fiscal Year Construction Budget for public hearing at the Board?s May 15, 2008 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. Ms. Mazur advised that Campbell?s Chapel Road has been improved by VDOT since the distribution of the spreadsheet. Supervisor Bradshaw inquired if staff is pursuing the installation of a sidewalk in Carrsville. 7 Ms. Mazur advised that there has been a request from a citizen to install a sidewalk; however, staff has not been given direction by the Board and has not pursued the request as a result. Responsive to Supervisor Brown, MacFarland Neblett, VDOT Residency Administrator, advised that the emergency lights in Rushmere are in place and operational. Responsive to Chairman Clark, Mr. Neblett advised that the enhanced speeding violation signs in Gatling Point have been approved and will be installed within the next thirty (30) days. Responsive to Supervisor Bradshaw, Mr. Neblett offered to investigate and report back to the Board on the status of the striping in Zuni. Regarding the issue of the emergency access on Route 10 behind the Isle of Wight Rescue Squad, Mr. Neblett advised that VDOT had purchased additional property when the right-of-way for the Route 10 bypass was purchased with the intention that when the two (2) lanes were added to make Route 10 four-lanes that there would then become a diamond shaped interchange. He stated that the property had been purchased as limited access right-of-way, which means that VDOT would not allow entrance onto the Bypass through the limited access area. Supervisor Casteen commented that the building could be turned around on the property, thereby facilitating access to Route 10 or Church Street. Mr. Neblett suggested that the County and the Town make a request to VDOT. Chairman Clark moved that the SmithfieldIntergovernmental Relations Committee, the Fire and Rescue Association and the VDOT Residency Administrator discuss the needed access to Route 10. 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 Bradshaw for a status report on Route 460, Ms. Mazur reported that VDOT had recently advised the Route 460 Communications Committee that it is behind schedule and cost and traffic estimates are in need of updating. She advised that Requests for Detail proposals are to be solicited in late October 2008. She advised that localities pursuing interchanges need to be prepared to provide funding towards the project. Supervisor Bradshaw commented that the State is requesting the County to place property aside for an intermodal park that will accommodate 8 the County and the City of Suffolk because of a port that was expanded by the State, however, the State is not willing to fund an interchange on Route 258. Patrick J. Small, Assistant County Administrator, advised that the County?s economic development strategy was to capitalize on the expansion of the port done by the State. He noted that currently there is one (1) interchange on Route 258 and the County owns property adjacent to that interchange as part of the County?s intermodal park, which has access to the new Route 460 through a network of internal roads. He advised that the Board has requested another interchange on the Suffolk/Isle of Wight County line that would better distribute the traffic onto Route 460. He stated that staff believes that by 2029, if the County pursues the intermodal park, that 30% of the traffic can be generated by the County and if the County funded an interchange and collected toll revenues, a return on the County?s investment could be returned within 12-15 years. He stated that the strategic plan is to get the State to include that interchange for short-term planning purposes. He stated that staff believes it is economically feasible to get the proposer to pay for that road because of the amount of traffic that will go through the toll booths. He stated if it is not included upfront, regardless of who pays for it, then the process will be to go through VDOT, the Federal Highway Administration and private companies to have it added later. Ed Easter of Hideaway Lane in Carrollton requested that VDOT take Yellow Rock Road into the Rural Rustic Roads Program. Supervisor Bradshaw moved that the Board direct staff, beginning with the June 10, 2008 meeting, to provide the Board with a report, in addition to the secondary road maintenance projects report that the Board is currently receiving, that lists the status of the Rural Addition roads that the Board wants taken into the State system, as well as an unpaved secondary roads priority list. 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 Clark called for Citizens Comments. No citizens appeared and spoke. // Chairman Clark called for the County Attorney?s report. 9 Interim County Attorney Burton presented a Memorandum of Agreement for the Clerk of the Isle of Wight Circuit Court for the Board?s consideration. Supervisor Bradshaw moved that the Chairman be authorized 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. Interim County Attorney Burton advised that the Treasurer wishes to cancel the County?s current contract with On Line Information Services which requires a 60-days? notice and initiate a new contract with First Point . Collection Resources, Inc Supervisor Wright moved that the Board authorize the Chairman to cancel the current contract, which requires 60-days? notice. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he would be requesting authorization under Old Business to advertise An Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year July 1, 2008 through June 30, 2009 for public hearing by the Board at its May 15, 2008 meeting. Interim County Attorney advised that he had three (3) items for discussion in Closed Meeting. // Chairman Clark called for the General Services report. E. Wayne Rountree, P.E., Director of General Services, addressed the issue of a Sanitary Sewer Overflow (SSO) Consent Order pertaining to the update of the GIS with respect to sewer so that it can be used with the regional modeling effort. He requested that the Board approve the assignment to Timmons Group in the amount of $71,290 which will involve a transfer of $50,000 from the Regional Fluoride Consent Order project. He further requested approval of the Task Sheet Agreement with Timmons Group in the amount of $71,290. Supervisor Wright moved that the Board authorize the transfer of $50,000 of unused capital funds for fluoride compliance to the SSO project. 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 Chairman Clark moved to approve the Task Sheet Agreement with Timmons Group in the amount of $71,290. 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. Rountree advised that the County currently has three (3) engineering Indefinite Services contracts and an architectural contract, which are allowed under State law to be renewed for two (2) additional years. Supervisor Bradshaw moved that the Board approve a one (1) year renewal of Indefinite Services Agreements with R. Stuart Royer and Associates, Resources International, Timmons, and Commonwealth Architects. 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. Rountree offered to address the items contained in his memorandum dated May 1, 2008 to County Administrator Caskey, a copy of which had been placed at the Board members? seats, relative to site work at the Joel C. Bradshaw Fairgrounds. Responsive to Supervisor Casteen?s inquiry, Mr. Rountree advised that construction associated with the pond began today. Responsive to Supervisor Wright?s inquiry, Mr. Rountree advised that the well permit with the local health department has now been secured. He advised that staff will begin the process of obtaining the updated site plan approval, to include the additional work to be done, as staff had not previously secured site plan approval for the original plans. He advised that staff does have a letter from the Corps of Engineers renewing the wetlands issue for another five (5) years; however, it is not clear at this point whether that letter is valid as the Corps of Engineers has no record of it. He stated that staff will continue to work with the Corps of Engineers in that regard. With respect to the new Carrsville water system, Supervisor Bradshaw moved that the Board waive all fees associated with citizens connecting to that water system and that the connection fee be reimbursed to anyone who has already paid the fee for this year. 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 staff be authorized to investigate and report back to the Board on the feasibility of leasing a generator for the new Carrsville water 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. 11 // Chairman Clark called for the Emergency Services report. Mr. Chase distributed copies of a Resolution to Adopt the Isle of Wight County Emergency Operations Plan, which had been previously delivered to the Board. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO ADOPT THE ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recognizes the need to prepare for, respond to and recover from natural and man-made disasters; and, WHEREAS, the County of Isle of Wight has a responsibility to provide for the safety and well being of its citizens and visitors; and, WHEREAS, the County of Isle of Wight has established a Department of Emergency Services and appointed a Director and Coordinator of Emergency Management; and, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia officially adopts this Emergency Operations Plan, as revised April 2008; and, BE IT FURTHER RESOLVED that the Director of Emergency Management, or his/her designees, is tasked and authorized to maintain and revise, as necessary, this document over the next four-year period or until such time as it is ordered to come before this Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to authorize staff to submit the Emergency Operations Plan to the State Department of Emergency Management. 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. // 12 Chairman Clark called for the County Administrator?s report. Mr. Small requested that the Board approve a Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Isle of Wight Museum in order to continue with the work that the Board had previously authorized, which includes design and engineering and the electrical and mechanical systems. Liesl R. DeVary, Director of Budget and Finance, reported that the County has spent in excess of $576,000 to date on expenditures that have been filed with the insurance company. She advised of that amount, $300,000 is pending reimbursement from the insurance company, which can either be reimbursed or denied. She further advised that she has begun the process of filing a claim with the Virginia Department of Emergency Management. Chairman Clark suggested that Ms. DeVary meet with the County Attorney to discuss the amount of time that the insurance company has to review the claim before filing suit. Mr. Small advised that those numbers are exclusive of what will be spent renovating the basement, of which a good portion of that amount will be recovered. Supervisor Casteen moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE ISLE OF WIGHT MUSEUM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an additional appropriation for repairs at the Isle of Wight County Museum; and, WHEREAS, funds in the amount of one hundred thirty-two thousand dollars ($132,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2007-08 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred thirty-two thousand dollars ($132,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2007-08 General Operating Budget of the County of Isle of Wight, Virginia. 13 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Small reported on a recent program entitled ?Leading Educating and Developing (LEAD): High Performance Organizations? offered by the Weldon Cooper Center and attended by senior County managers, aimed at making the County a high performance organization. Supervisor Bradshaw requested that this be included as part of the County?s Strategic Plan at the Board?s Retreat. Judy H. Winslow, Director of Tourism, requested that the Board approve funding in the amount of $7,700 for the Virginia Logos Program signage (brown and white) for historic Fort Huger. She advised that the dedication is scheduled for next week and four (4) signs need to be erected to guide visitors to the restored Fort. Chairman Clark moved that the Board authorize the transfer of $7,700 from the Capital Contingency line item for Virginia Logos signage for historic Fort Huger. 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 Clark moved to amend the agenda by adding one (1) Closed Meeting item regarding property acquisition. 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 Clark called for consideration of the Consent Agenda. A. Resolution for Arthur L. Collins . A Resolution in Recognition of the Service of Arthur L. ?Art? Collins B. Virginia School Resource Officer Grant Program 14 . Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received from the Department of Criminal Justice Services for the School Resource Officer Grant Program at the Smithfield Middle School C. Application for Grant Funds ? Court Appointed Special Advocate (CASA) D. Verizon Direct Services Contract E. Litter Pickup F. March 20, 2008 Regular Meeting Minutes Supervisor Bradshaw moved that the Board approve the Consent Agenda, as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark requested County Administrator Caskey to invite Robert C. Claud, Sr. to a future Board meeting for the presentation of a formal resolution of recognition to Mr. Collins. // Chairman Clark called for Appointments. Supervisor Wright moved that the Board recommend Rebecca Rose Gwaltney to the Circuit Court Judge for appointment to the Board of Equalization representing the Windsor District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board recommend Harold Blythe to the Circuit Court Judge for appointment to the Board of Equalization representing the Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark moved that the Board recommend Harry Cassell, Sr. to the Circuit Court Judge for appointment to the Board of Equalization representing the Newport District. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 15 Supervisor Bradshaw moved that the Board authorize a compensation rate of $100 per day for the Board of Equalization members, plus mileage reimbursement at the County?s established rate for the Board of Equalization members. 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 appoint Kelly Sauber, replacing Paul E. Hall, Sr., on the Virginia Alcohol Safety Action 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. // Chairman Clark called for Old Business. Ms. DeVary offered the proposed FY 2008-09 General Operating and Capital Budget for the Board?s consideration. She advised that staff recommends removal of ABC and wine profits from the State; that State funds be increased in the amount of $222,507 for the Comprehensive Services Act; and, that the cable franchise fees be removed as they are no longer being assessed to citizens and have been consolidated with the Communications Sales and Use Tax. She advised that the amount of State funds on the expenditure side has been included on the expenditure side for the Community Services Act, of which the local portion needs to be increased by $42,300; that there is a reduction in the local funds for education of $13,650; that an increase in the Workers Compensation insurance needs to be added in the amount of $30,000; that the transfer from the General Fund to the Public Utilities Fund has been made with respect to the position that is being transferred from Public Utilities to Building and Grounds and staff intends to begin treating the reservation fee for future water source as a capital item instead of using General fund dollars, thereby reducing the need for a transfer from the General Fund to the Public Utilities Fund by $306,000. She stated the County?s proposed General Operating Fund is being presented in the amount of $99,722,371 and that she would address State cuts later on in the summer when the reductions in funding are received from the State, of which staff anticipates that amount to be $120,000. Responsive to Chairman Clark, Ms. DeVary advised that the Board could address any increases for Sheriff Deputies and Dispatchers at the time that she returns to the Board with the finalized number of State reductions in funding. Supervisor Bradshaw moved that the Board adopt the FY2008-09 General Operating and Capital Budget in the amount of $99,722,371. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, 16 Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Responsive to Supervisor Wright?s notification to the Board that the Red Cross may have sponsored a car in the most recent NASCAR race in Talladega, Supervisor Wright moved that County Administrator Caskey investigate if the Red Cross had sponsored a NASCAR vehicle at a race last Sunday at Talladega and, if so, how much the Red Cross paid. 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 FY2008-09 Special Revenue Fund Budgets in the following amounts: Capital Projects $3,400,000 Museum Gift Shop $ 10,000 County Fair $ 252,525 E-911 $ 909,567 Public Utilities $9,526,391 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 authorize the Interim County Attorney to prepare and advertise for public hearing on May 15, 2008 an Ordinance to Impose Taxes for the 2008-09 Fiscal Year at the same rates as FY2007-08 which maintains the real estate tax at $0.52 per $100 of assessed value. 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 issue of the Master Water and Sewer Plan, Mr. Rountree noted that the Board had held a public hearing on the Plan and an errata sheet on March 20, 2008 and had directed staff to seek additional input from the Town of Windsor. He stated that the Town?s concerns have been included in the Board?s agenda, of which the first two (2) concerns staff did feel were valid and changes will be made to accommodate the Town?s concern; however, the remaining two (2) concerns staff did not feel that any changes to the Plan would be appropriate. Responsive to Mr. Rountree?s notification that the Town of Windsor has not yet had time to receive the County?s reply to their noted concerns, Chairman Clark moved that the matter be tabled until the Board?s May 15, 2008 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. 17 Supervisor Bradshaw commented that the Comparative Report of Local Government/Revenues and Expenditures reflects that County citizens pay 25% less than the State average. With respect to the issue of an Outlying Landing Field (OLF), County Administrator Caskey advised that the Southampton County Administrator is forwarding additional information which will be included in the Board?s agenda for its May 15, 2008 meeting. Chairman Clark requested County Administrator Caskey to encourage representatives from Franklin and Southampton County to attend the next Hampton Roads Military and Federal Facilities Alliance meeting with respect to the issue of OLF. Supervisor Bradshaw moved that $3,000 be allocated to the Christian Outreach organization from the County?s uncommitted Contingency Fund. 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 Clark called for New Business. Supervisor Wright requested an explanation as to why he was told that he was not eligible, as a part-time employee, for County insurance when he began serving on the Board of Supervisors in 2000; however, Supervisor Casteen was eligible when he began serving on the Board in 2008. He stated that employees need to be treated equally. Interim County Attorney Burton advised that pursuant to Section 15.2- 1414.3, subparagraph 4 states that insurance can be provided to Board members provided that the Board adopts a resolution granting it to the Board members in the same manner as is provided to general employees of the County. Following discussion that some Board members are paying for their own insurance through other companies and whether or not a Board member should receive the $6,400 in order to be considered equal to those utilizing that benefit, Interim County Attorney Burton advised that a Board member is eligible for coverage; however, he is not aware of any statute provisions that would provide a Board member an amount of money that would be in lieu of such coverage. Supervisor Wright requested Interim County Attorney Burton to research the records to determine if there was ever such a resolution adopted by the Board. 18 Supervisor Brown remarked that in order to make the compensation equitable among all Board members, he would recommend that a cap be placed on a maximum amount of money that a Board member can receive from the County, in addition to any yearly increase for the Board. Interim County Attorney Burton advised that the Board had previously authorized him to prepare an ordinance in December 2007 for presentation at the Board?s May 15, 2008 meeting which grants the Board the authority granted to it by State law in terms of the amount that the Board would be authorized to receive. He stated that the proposed ordinance does not address the issue of insurance being included. He advised the Board that only one (1) subject matter per ordinance can be adopted and it would be his recommendation that the Board first adopt the proposed ordinance, which includes the straight salary as permitted by State law and then administratively adopt a motion to include the provision suggested by Supervisor Brown. He stated the proposed ordinance also provides that the Board would receive increases in the future as part of the annual budget process in an amount which is equal to the same increase that the general employees receive. Supervisor Bradshaw inquired about VRS eligibility and accrued time off, such as sick leave. Interim County Attorney stated that he has not researched the issue of the Board being eligible for VRS. Chairman Clark pointed out that the proposed ordinance addresses cost-of-living increases that have been enjoyed by County employees, but not Board members, over the past eight (8) years. He recommended that the Board proceed with adoption of the proposed ordinance and amend it if need be later on to include Supervisor Brown?s suggestion. Supervisor Bradshaw moved that staff be directed to look at the issues discussed dealing with benefits for the Board of Supervisors. 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 Brown commented that he was not present at the meeting at which the issue of a Housing Officer was last discussed and tabled due to budget constraints. He noted that there is more than an adequate supply of work for an employee to be doing in lieu of the intermodal park coming. He suggested that the Board consider funding the position at least on a part-time position. 19 Supervisor Bradshaw made the suggestion that Supervisor Brown, in conjunction with staff, develop information pertaining to the Housing Officer position and report back to the Board before August 2008 when the final State cuts are known. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711A.7 of the Code of Virginia for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2-3711.A.3 for discussion with legal counsel regarding the acquisition of real property; pursuant to Section 2.2-3711.A.7 regarding legal advice pertaining to property on James and Washington Streets; and, pursuant to Section 2.2- 3711.A.3 for discussion with legal counsel regarding the acquisition of real property. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 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 following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. 20 VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 Chairman Clark moved to authorize staff to pursue the property acquisition as discussed in the Closed Meeting. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Supervisor Brown moved that the Attorney research the two (2) MOU(s) for the wording relative to property being conveyed for James Street as an option for Pinewood Heights. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Mr. Small reported that a goal for County staff in support of the Relay for Life was set at $1,000 and $1,100 has been collected to date. He advised that 30+ employees have signed up to participate in the walk. // At 8:40 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, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ Stan D. 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