09-03-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRD DAY OF SEPTEMBER 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 Casteen delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under New Business, add Scheduling/Planning for a Board
Retreat; under New Business, add discussion of a proposed location for
Workforce Center; under New Business, add consideration of a Resolution
to Provide Funds to Resolve a Delinquent County Phone Bill; and, under
the County Attorney's Report, add four (4) closed meeting items.
Supervisor Bradshaw moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Brown called for Special Presentations/Appearances.
Chief Animal Control Officer Sullivan had several animals on display
that are available for adoption at the County's animal shelter.
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Edmund Mortimer, representing the Isle of Wight/Smithfield /Windsor
Top Cop Program and Greater Hampton Roads Crime Line, provided a
briefing on those programs, which have been funded by the community, the
Isle of Wight/Smithfield /Windsor Chamber of Commerce and the Smithfield
Town Council. He advised that there will be a dinner on October 10, 2009 in
the City of Chesapeake and a top cop from the Hampton Roads community
will be selected, recognized and awarded $500. He requested that the County
also consider providing a contribution in the amount of $500.
Sheriff Phelps advised the Board regarding two (2) arrests which had
recently taken place as a result of responses to the 1 -888- LOCK -U -UP crime
line.
Supervisor Bradshaw offered a motion that the request for a
contribution of $500 be referred to the Board's Budget and Finance
Committee for recommendation back to the Board at its December 17, 2009
meeting and withdrew his motion following notification that the funds would
be needed prior to the Board's. December meeting as the Top Cop Dinner is
scheduled for October 10, 2009.
Supervisor Clark moved that the County contribute 5500, an equal
amount contributed by the Smithfield Town Council and the Smithfield/Isle
of Wight/Windsor Chamber of Commerce, and that the Director of Budget
and Finance be directed to develop an appropriation resolution for the
Board's consideration at its September 24, 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.
Sheriff Phelps provided a recap of the activities within the Sheriff's
Office since January, 2009 pertaining to highway safety; assessed fines;
officer activity; grants; new uniforms and programs. He advised that he
would be requesting the Board, at its November 5, 2009 meeting, to show its
support in the form of a resolution, that the County, including the Towns of
Smithfield and Windsor, be designated as a certified Crime Prevention
Community.
Jason Gray, Director of Information Technology, was formally
introduced to the Board by County Administrator Caskey.
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Chairman Brown called for Regional Reports.
Regarding the Southeastern Public Service Authority, Supervisor Clark
reported that the City of Portsmouth had made a motion to reinstitute a
dialogue with the Cities of Suffolk and Virginia Beach with respect to the
disparity between the amounts that the other six (6) member jurisdictions are
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paying for waste disposal. He commented that the other member
jurisdictions subsidize the Cities of Suffolk and Virginia Beach in the amount
of $40 million annually. He advised that the City of Chesapeake and the
County had voted in favor of the City of Portsmouth's motion, however, the
motion had failed and that the other member jurisdictions not voting in favor
of the motion had indicated that they would vote in favor of such a motion
after the waste -to- energy negotiations are finalized.
Regarding the VACo/Board of Directors, Supervisor Bradshaw
reported that he and Supervisor Wright would be attending a Resolutions
Committee meeting next week and that, following that meeting, he would be
bringing back information to the Board regarding the Governor's proposed
budget reductions. He advised that the gap is now approaching $1.5 billion.
He advised that 51% of the State budget is allocated to localities, of which a
majority of that money is for education. He advised that the Governor, in
previous budget reductions, had not reduced funding for education; however,
upcoming budget reductions will impact K -12 education.
Regarding the Western Tidewater Regional Jail Authority, Chairman
Brown reported that the evaluation of the Jail Superintendent had been
postponed due to a lack of full attendance. He also advised that inmates are
being utilized to cut the grass.
Regarding the Western Tidewater Water Authority (WTWA),
Supervisor Wright reported that all parties have signed the WTWA
agreement for the raw water purchase from the City of Norfolk. He advised
that the next step is to sign for the pipeline and install new pumps.
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Chairman Brown called for Transportation Matters.
Edwin P. Wrightson, Director of General Services, reminded the Board
that the VDOT Quarterly meeting is scheduled for Friday, September 11,
2009 at 10:00 a.m. at Citizens National Bank in Windsor.
Mr. Wrightson advised that an informational meeting on the paving of
Muddy Cross Drive is scheduled for Wednesday, September 16, 2009 from
6:00 p.m. until 8:00 p.m. in the Board Room.
Responsive to Supervisor Bradshaw's inquiry, MacFarland Neblett,
VDOT Residency Administrator, advised that bids for Lawrence Drive are
due on September 25, 2009 with a completion date in the Fall of this year.
He further advised that replacement of the bridge is not anticipated.
Responsive to Supervisor Bradshaw, Mr. Neblett advised that he is not
sure if there are sufficient funds at this time to put the Pope Swamp Trail
project out to bid.
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Responsive to Supervisor Bradshaw, Mr. Neblett advised that VDOT
has replaced the pipes underneath Zuni Circle and that VDOT is now
conducting additional design work on Route 460.
Regarding the issue of ditch maintenance, Mr. Neblett advised
Supervisor Bradshaw that a VDOT truck ditcher and contract truck ditcher
are being utilized on a continual basis in Isle of Wight, Surry and Sussex
Counties. He advised that VDOT will be ditching from Smith's Neck Road,
going south, where the pooling of water is occurring. He advised that he
would speak with the VDOT Superintendent about beginning ditching efforts
in the rural areas of the County, to include Tomlin Hill Road, Colosse Road
and Beale Place Drive.
Mr. Neblett advised that VDOT has conducted the preliminary design
work for the Owens Estates drainage project at the intersection of James Way
and Route 10, which indicates that VDOT can make the water flow out to
Route 10 where it slopes down into the storm water management pond.
County Administrator Caskey advised that the funds to construct the
Owens Estate drainage project were included in the list of projects released
today by the Transportation Planning Organization which are being funded
by the Governor.
Responsive to Supervisor Casteen, Mr. Neblett advised that the cost of
the historic sign is approximately $300 and needs to be borne by the County.
Responsive to Chairman Brown, Mr. Neblett advised that the developer
of Mallory Pointe has proffered a "roundabout" for the intersection of Battery
Park/Nike Park as that development will be adding to the congestion there.
Responsive to VDOT's engineering report relative to light
synchronization on Route 17, Supervisor Clark moved that Mr. Neblett be
requested to invite a VDOT engineer to the Board's September 24, 2009
meeting to explain the engineering 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.
Responsive to Chairman Brown, Mr. Neblett advised that a sign has
been installed on Route 17 at the Bojangles to indicate that motorists need to
bear to the right in order to get in the correct lane when exiting Bojangles.
Responsive to Supervisor Bradshaw, Mr. Neblett advised that he is
continuing to work with the Windsor Town Manager and Town Council
regarding the five /six -way intersection on Route 460. He further advised that
additional right -of -way is also needed at that location.
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Teresa Johnson of Carrollton notified the Board that tractor trailer
trucks are getting stuck on the high pavement as they enter the BP gas station
on Route 17, causing the north and south lanes to be blocked.
Mr. Neblett advised that her concern has been passed on to the VDOT
Traffic Engineer and signs will be erected advising of the potential to become
stuck.
Responsive to Supervisor Clark, Interim County Attorney Burton
advised that staff will begin work on the Yellow Rock Road right -of -way
dedications as soon as possible.
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Chairman Brown called for Citizens Comments.
Edmond Easter of 12224 Hideaway Lane in Carrollton advised that he
had recently addressed the School Board on the issue of contracted custodial
positions. He commented that replacing the custodians that have been in the
school system with contract employees would be detrimental as those
employees have a vested interest in the County and its school system. He
commented that the School Board budget included appropriate funding to
retain the custodial staff in the school system for FY09 -10 and he would have
liked to have seen the School Board use those funds for its intended purpose.
He commented that custodial staff are an integral part of any school system.
He recommended that if the School Board is going to get into the contracting
business, then every phase of the school system must be evaluated, to include
the possibility of a charter school in the County. He requested that the Board
consider raising the tax rate in order to support the school system, as it is the
most important body in the County and would contribute more over the long
run than anything else done.
Jamie Carr of 5370 Duck Town Road in Zuni commented that taking
away the custodial positions within the school system does influence the
school system's children. She advised that the Isle of Wight Citizens
Association held a meeting two (2) weeks ago, which received no publicity.
She stated that Windsor High School has lost a principal that has been there
for years, which is sufficient change for that school in a year's time. She
inquired why the School Superintendent has moved many other
administration positions at the high school, which would affect children and
their families that attend that school. She stated that she has already learned
that there are scheduling issues occurring at the high school and she would
like to express her concern that the citizens are not being recognized by the
members of the School Board. She advised that other parents have requested
a meeting with School Board member, Kenny Bunch, who refused to meet
with them and that the School Superintendent has refused meetings with
parents regarding the changes occurring at Windsor High School. She stated
that the School Board has not answered a single question posed to them from
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residents and she wants to get the word out that the members of the School
Board are not doing their jobs. She stated that the School Board is suppose
to save funds by contracting out the custodial positions; however, answers to
the question where the funds that are saved will go back into the budget have
not been answered. She encouraged the attending newspaper reporters to
pick up on her comments tonight and that the Isle of Wight Citizens
Association will be able to do more to make a meeting with the School Board
a reality. She advised that although each School Board member was invited
to the Association's meeting, only one (1) member had showed up and only
two (2) had responded to Mrs. Keen's invitation to that meeting.
Glenn Gaskins advised that he is not satisfied with the School Board
and the Superintendent's leadership and managerial styles, which have been
unresponsive to the public. He stated that he, as a registered voter in the
County, will deal with the School Board members if they choose to continue
to ignore the residents of the County. He stated that the School Board has
allowed the Superintendent to terrorize the employees of the school system
and allowed him to make decisions about contracts that will involve the
County in litigation. He stated that the County's residents can not continue
to wait for positive changes with the School Superintendent or wait for his
contract to expire. He stated that the School Board had made a bad decision
when hiring the School Superintendent and that they have made an
unforgivable decision when the School Board renewed the Superintendent's
contract as that decision has caused many people to lose their jobs and many
others undue stress. He stated that while the Board of Supervisors may have
no jurisdiction in this matter, as gatekeepers of the County's finances, the
Board, as well as citizens in the County, need to be aware of their concerns
and intentions.
Stephanie Bailey, President of the Isle of Wight Education Association,
commented that seven (7) of the nine (9) schools in the County achieved
AYP this year, although that may be difficult to achieve next year, as children
can sense disruption. She stated students need continuity, routine, structure
and caring. She stated on behalf of the Association, she has appeared before
the School Board on several occasions to make a plea not to out - source and
she has also brought forth many issues of other members of the Association,
as well as non - members. She stated that she had addressed the School Board
at its meeting on June 10, 2009 regarding the custodial issue and the matter
had been deferred until the School Board's July meeting; however, there was
a called meeting on June 25, 2009, which was advertised on June 24, 2009, at
which time the School Board members voted to out- source the custodial
positions. She advised that the Association has filed a declaratory action
against the County, the School Superintendent, the School Board and the
School Board Attorney, who has since filed a demurrer. She requested the
Board, as gatekeepers of the School Board's budget, to take action before too
many more great employees are lost.
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Tony Filliater of 308 Clipper Creek Lane in Smithfield commented that
the School Board had initially delayed its vote on contracted employees in
order to study this issue further; however, a meeting was called two (2)
weeks later because all the bids were in and the School Board was ready to
vote for contracted custodial employees. He stated that at that time, a School
Board member had acknowledged that the School Board had been working
on the issue since November of 2008. He stated in his opinion, the School
Board has lied to the Board of Supervisors about its funding needs as it has
admitted that the proposed $500,000 that will be saved from contracting
custodial positions has already been spent and those funds should be returned
to the County. He requested any assistance that the Board of Supervisors can
provide and recommended that the Board approve the School Board budget
by category in the future.
Deborah Hall advised that she is on the ballot for the Carrsville District
School Board member seat. She commented that the School Board is not
being truthful with the Board of Supervisors and that it does not follow its
own policy during meetings. She stated that there seems to be funds to build
buildings and for employees to attend conferences; however, there is no
money for the students and existing employees. She stated that she can not
get an answer to where the money is going. She stated that she has witnessed
Supervisors Bradshaw and Clark inquire about where school funds are going,
only to be told that the School Board does not have to answer to the Board
regarding that because once the funding is allocated to the school system,
those funds go to where the Superintendent and School Board wants it to go.
She stated that the School Board is elected by the citizens and the
Superintendent is hired by the School Board, not the other way around. She
recommended that the Board begin asking more questions about the funds
that are allocated to the school system.
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Chairman Brown called for Board comments.
Supervisor Bradshaw commented that he had been amazed when the
local newspaper did not report on the Isle of Wight Citizens Association
meeting in which 65+ citizens had attended and voiced their concerns. He
stated that 70% of the County's budget is allocated to the school system and
that he had invited the speakers under Citizens Comments tonight to attend
the meeting. He stated that while they recognize that the Board can not
legally take action, their concerns tonight will be aired across the County via
the County's PEG channel. He stated that he thought it would be appropriate
for Chairman Brown to share the concerns voiced tonight with the School
Board Chairman. He stated that it was this Board that took the initiative to
provide protection for the County's children by funding School Resource
Officer positions in the County's schools.
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Chairman Brown commented that much was lost when School Board
members became elected members. He stated that he does not see the
purpose of an elected School Board as they do not have the power to levy
taxes. He stated the Board of Supervisors is responsible only for the hiring
of the County Attorney and the County Administrator and the rest of the
employees are hired by them. He stated the School Board elects the
Superintendent and its Attorney and this places the Board of Supervisors in a
position where it is up to the citizens to effect changes.
Supervisor Clark commented that the citizens of the County chose to
have elected School Boards some years ago and, if this kind of dissatisfaction
continues, they may wish to rethink their decision to do that. He
recommended that the School Board begin televising its public meetings to
show those citizens who can not attend meetings, how the School Board
conducts its business. He commented that the Board of Supervisors'
members deem it their public duty to attend all public forums that involve
County topics.
Chairman Brown commented that custodians are familiar with the
children and much of what they observe can be related to parents, friends and
teachers.
On a separate matter, Chairman Brown advised that he had received a
phone call from County Administrator Caskey advising that he had been
receiving requests from Board members for his Department Heads to provide
information. He stated that he had suggested that County Administrator
Caskey inform the Board member requesting the information that any such
requests for information must come through the Chairman and that . the
Chairman would endorse a memorandum agreeing with that. He also stated
that recently a request for information had been received by a Constitutional
Officer and County Administrator Caskey had informed him that his
authority does not govern Constitutional Officers. He stated when a
voluminous request for information is made by a Board member, this
information should be useful to all the Board members and Board members
should not be using their position to obtain information that does not benefit
the entire Board. He advised that his advice to County Administrator Caskey
and the Constitutional Officer was that if it is not the County Administrator's
call, then it would be the Chairman's call and the Chairman would discuss it
with the entire Board to determine if they concur with his decision, which is
if it is information that benefits the total Board, then the request will be
approved.
Regarding a Board member seeking information from County
employees, Supervisor Clark concurred that the Board member should go
through County Administrator Caskey or Interim County Attorney Burton.
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Supervisors Bradshaw and Wright concurred that it needs to be
clarified that County Administrator Caskey is the Administrator who
oversees personnel.
Regarding a Board member seeking information from a Constitutional
Officer, Supervisors Bradshaw, Clark and Wright concurred that the
Constitutional Officer should make the decision if they wish to provide the
information, as this Board has no authority in that respect.
Supervisor Clark commented that County citizens voted
in the past to elect their School Board members although he believed at that
time that this was not the way to go at that particular time. He stated the
issue of electing School Board members versus appointed School Board
members may need to be revisited if this kind of dissatisfaction continues.
He suggested that the School Board televise its meetings so that the citizens
can watch what business is being conducted by that body. He commented
that this Board attends all public meetings that involve County topics and if
an elected official is not willing to attend a public meeting, then that person
should not run for public office. He stated that he agrees that teachers and
students should know the custodians who work in their schools.
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Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton presented a draft commitment letter
between the County and E&E Enterprises Global, Inc. with respect to the
Broadband Initiative Program with E&E Enterprises Global, Inc.
Supervisor Wright moved that the Chairman be authorized to execute
the Letter of Commitment for the Broadband Initiative Program with E &E
Enterprises Global, Inc. 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 requested the Board's approval to
advertise for public hearing an Ordinance to Amend and Reenact the Isle of
Wight County Code by Enacting Appendix B -2. Coastal Primary Sand Dune
Zoning Ordinance.
Chairman Brown moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's
September 24, 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.
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Interim County Attorney Burton presented draft letters requesting
support from the City of Franklin and the County of Southampton in pursuit
of the County's purchase of the Blackwater River parcel of land. He advised
that The Nature Conservancy, on behalf of the County, will be seeking an
$800,000 grant and the draft letter will assist with the submission of that
grant.
Supervisor Bradshaw moved that the draft letters of support be sent to
the City of Franklin and Southampton County, along with a proposed
Resolution, for the purchase of 2,507 acres along the Blackwater River. 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 recommended that the Board contact
some of the members of those jurisdictions to solicit their support.
Interim County Attorney Burton advised that he had six (6) items to
discuss with the Board later during the closed meeting.
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Chairman Brown called for the General Services report.
Gretchen Gonzales, Environmental Programs Manager, advised that
under The Clean Water Act, the Department of Environmental Quality is
required to identify impaired surface waters in the Commonwealth every two
(2) years. She advised that due to certain waters in the County being
identified as impaired for bacteria, an Implementation Plan to clean up the
waterways must be developed and the Hampton Roads Planning District
Commission is leading a regional effort to develop a bacterial identification
methodology for the Hampton Roads region.
Jenny Tribo, Hampton Roads Planning District Commission, reviewed
the Hampton Roads Bacteria Source Tracking Study prompted by State and
Federal regulations to clean up impaired waters. She advised that the Study
is being funding by the Hampton Roads Sanitation District and the Counties
of James City and York, as well as the Cities of Norfolk, Virginia Beach,
Portsmouth, Suffolk and Williamsburg. She noted that the County's portion
to participate in the Study is 3.27% of the study cost, or $6,534, based on the
population size.
Supervisor Bradshaw moved to authorize participation in the regional
bacterial study and that payment for the study be taken from year -end
unexpended FY 2009 -10 General Services Operating Budget funds. 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 the Board that the Virginia Department of
Game and Inland Fisheries has recommended that the County place the area
located adjacent and behind the Isle of Wight Courthouse Complex in a
conservation easement because of its natural resource value and that doing so
would protect the natural features of the designated area in perpetuity and
may cause additional grant funds to become available for the development of
the County' recreational trail that is planned for the Courthouse Millpond.
Supervisor Clark moved to authorize development of a draft deed of
easement for the Courthouse Millpond natural area (approximately 39 acres).
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 explore other lands in the
County that border swamp lands and creeks that may also qualify for a
conservation easement.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, provided an update on the Leading, Educating and
Developing (LEAD) Program and advised the Board regarding staff
initiatives related to the educational program for staff at all levels. He
advised that open and honest communications are encouraged and has
allowed staff to hear genuine concerns and begin to develop strategies for
resolving internal issues. He advised that the Philosophy Statement included
in the Board's agenda contains five (5) statements that represent the values
that County staff will uphold in the workplace. He advised that staff is
reviewing ways internally that will have a direct impact on the quality of the
workplace by forming committees to address workplace issues. He noted
that he would continue to brief the Board with respect to implementations
that occur as a result of the Program.
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Chairman Brown called for the County Administrator's report.
Chairman Brown called for consideration of the Consent Agenda.
A. Solid Waste Plan 2018 /Continuing Services
B. Safety and Training Update
C. Litter Pick Up
D. Monthly Engineering Project Status Report
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Supervisor Bradshaw moved that Item (D) be removed and that the
remainder of 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 (D), Chairman Brown moved that staff be directed to
add Tyler's Beach Road to the Monthly Engineering Project Status 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.
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//
E. Delinquent Real Estate Tax Collection Monthly Report
F. July 2, 2009 Regular Meeting Minutes
Chairman Brown called for Appointments.
Supervisor Wright moved to appoint Dane Scott to serve as an ex-
officio member on the Small Business Committee. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Brown moved to appoint Dave Chrisley to represent the
Hardy District on the Refuse Committee. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Brown called for Old Business.
Supervisor Wright moved that a letter be sent to the Superintendent of
Schools requesting a meeting to discuss the possibility of consolidation of
grass cutting efforts between the Schools and the County. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Clark, in response to Supervisor Bradshaw suggesting the
possible elimination of the school administration with the Superintendent of
Schools reporting to the County Administrator or being appointed through
the Board of Supervisors, requested that the County Attorney's office report
to the Board on any legal ramifications associated with the said elimination.
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Supervisor Wright moved that Interim County Attorney Burton and
County Administrator Caskey be directed to draft a letter to the Executive
Director of the Southeastern Public Service Authority (SPSA) to withdraw
from SPSA to be brought back for discussion by the Board at its September
24, 2009 meeting. All ramifications and associated costs with the withdrawal
are to be relayed to the Board. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that the Director of Emergency Services be
directed to make contact with the Schools with respect to the availability of
the H1N1 vaccine and that County Administrator Caskey be directed to invite
a school representative to provide the Board with a status 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.
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Chairman Brown called for New Business.
Supervisor Bradshaw recommended that the Board begin discussions
with respect to whether or not it wants to adopt the School Board budget
categorically or by lump sum.
Supervisor Bradshaw moved that County Administrator Caskey and the
Director of Budget and Finance be directed to meet with their school
administration counterparts to begin an informal discussion that the Board is
considering categorical funding and would like to have their input with
respect to any negative impact this may have on the school 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.
Supervisor Bradshaw moved that the Board Retreat be held on Friday,
November 13, 2009 (evening) and Saturday, November 14, 2009; that the
same form at be used as in the past; that staff begin to generate an agenda over
the next several meetings; and, that Dr. Chandler be invited to act as the
Facilitator. 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.
Lisa T. Perry, Director of Economic Development, provided an update
on the proposed Isle of Wight County Workforce Center to be built on the
HRFT property on Route 460, which would house a warehouse and
distribution logistics, a curriculum training program offered through Paul D.
Camp Community College and an advanced manufacturing lab. She noted
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that the facility will serve the entire region in terms of the additional
intermodal facilities that are expected to develop up the Route 460 and down
the Route 58 corridors. She advised that Opportunity, Inc. has received a
Federal grant to lease space over the next several years until the permanent
workforce center is developed. She advised that she has been informed that
Paul D. Camp Community College is considering the temporary lease of
space in Suffolk for this Center because the grant requires that workforce be
in the process of training by January of 2010. She advised that the Board is
committed to a facility being located in the County and she has located a
building and is seeking a private development partner to acquire the building,
make the necessary renovations and lease it to Paul D. Camp Community
College for the years that the facility is needed. She advised that she has met
with Congressman Forbes' staff in an effort to identify funding for the
Center.
Mr. Reck presented a Resolution to Provide Funds to Resolve a
Delinquent County Phone Bill for the Board's consideration. He explained
that Verizon contacted the County in March of 2008 alleging that the County
had a delinquent bill in the amount of $70,000 and in June of 2008, the
County acquired the services of Cost Control Associates to interpret the bill
and the County settled with Verizon for approximately $41,000. He
requested permission to use $20,200 from the unobligated Fund Balance to
make the remainder of the payment.
Supervisor Bradshaw moved that the following Resolution be adopted
and that legal counsel be directed to draft a letter with the County
Administrator's signature stating that this satisfies the County's legal
obligation with the phone bill dispute:
RESOLUTION TO PROVIDE FUNDS TO RESOLVE A
DELINQUENT COUNTY PHONE BILL
WHEREAS, staff has resolved a long standing billing disagreement
with its telephone service provider (Verizon) over amounts due; and,
WHEREAS, with the help of a utility auditor, staff was able to
substantially reduce the amount in dispute.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that thirty thousand dollars be carried over from the
FY- 2008 -09 budget to the 2009 -10 General Fund budget for the purposes of
making a partial payment on the non - current portion of the phone bill.
BE IT FURTHER RESOLVED that up to twenty thousand two
hundred ($20,200) dollars from the Undesignated Fund Balance of the
General Fund be appropriated to the FY- 2009 -10 General Operating budget
of the County of Isle of Wight, Virginia; and,
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BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Clark commented on a recent newspaper article wherein
James City County and Williamsburg are considering their own regional
water authority to relieve James City County's responsibility of continually
renewing ground water withdrawal permits. He commented that there is no
guarantee that existing ground water withdrawal permits will be renewed. He
commented that having the amount of water that the County has allows the
County the flexibility to replace the water needs for people whose existing
ground water permits are not renewed.
/1
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to actual litigation; pursuant to
Section 2.2- 3711.A.1 concerning a personnel matter; pursuant to Section 2.2-
3711.A.1 concerning 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; pursuant to Section 22- 3711.A.7
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.3
concerning discussion and consideration of the acquisition of real property in
the Newport District; pursuant to Section 2.2- 3711.A.3 concerning
discussion and consideration of the acquisition of real property in the
Windsor District; and, pursuant to Section 2.2- 3711.A.1 concerning
discussion and consideration of a personnel matter pertaining to a specific
public official.
Supervisor Wright 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 following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
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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
There was no action taken following the closed meeting.
/1
At 10:30 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.
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Care 1 SttoYm Clerk
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