01-21-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY -FIRST DAY OF JANUARY IN
THE YEAR TWO THOUSAND AND TEN
PRESENT: Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice - Chairman
Al Casteen
Stan D. Clark
JoAnn W. Hall
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
A'Darien Johnson, a resident of the Newport District, called the
meeting to order at 6:00 p.m.
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Interim County Attorney Burton offered the following amendments to
the agenda: Under Special Presentations, add the display of animals
available for adoption at the Isle of Wight County Animal Shelter by Animal
Control staff; under the County Administrator's Report, add a presentation by
Don Robertson regarding a legislative update; and under Old Business, add
discussion of proposed Sewer and Water Agreements with the Town of
Smithfield.
Supervisor Hall delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Bradshaw called for Approval of the Agenda.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Bradshaw called for Special Presentations /Appearances.
Chief Sullivan, Animal Control, displayed animals available for
adoption at the Isle of Wight County Animal Shelter.
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Members of the Isle of Wight Academy football team were publicly
recognized for their achievements.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE THE
ISLE OF WIGHT ACADEMY FOOTBALL TEAM
FOR OUTSTANDING ACHIEVEMENT
WHEREAS, the Isle of Wight Academy Chargers Football Team
advanced to the 2009 Virginia Independent Schools Football Association
Division 3 State Championship Game; and,
WHEREAS, the Chargers Football Team has won or played in the
Division 3 State Championship game four (4) of the past five (5) years; and,
WHEREAS, over the past decade, the Chargers Football Team has
been one of the most successful football teams in the State; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia wishes to recognize these significant achievements.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and congratulates the Isle of Wight Academy Chargers Football Team for
consistent, outstanding achievement.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Members of the Smithfield High School football team were publicly
recognized although they were not present at the meeting to personally accept
a resolution recognizing their achievements.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE THE
SMITHFIELD HIGH SCHOOL FOOTBALL TEAM
FOR OUTSTANDING ACHIEVEMENT
WHEREAS, the Smithfield High School Packers Football Team
advanced to the Group AA Region 1 Championship game after finishing the
regular season as Co- Champions of the Bay Rivers District; and,
WHEREAS, several members of the Packers Football Team received
All Bay Rivers District honors including Montrell Johnson and Rohn
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Springfield who were selected respectively as the Offensive and Defensive
Players of the Year in the Bay Rivers District; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia wishes to recognize these significant achievements.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and congratulates the Smithfield High School Packers Football Team for
outstanding achievement.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Pinky Hipp, Chairman of the Boykin's Tavern Advisory Committee,
advised that the Committee would like for a prioritized list to be developed to
slow down the deterioration of Boykin's Tavern so that it will be there when
the funds are available in the future. She further advised that the Committee
would also like to see a budget developed for Boykin's Tavern separate from
other historic funds so that the Committee will be aware of which projects
can be addressed each year. She requested that the Board let the Committee
lnow when it has outlived its usefulness.
Supervisor Clark moved that the Boykin's Tavern Advisory Committee
annual report be received, as presented. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Lisa T. Perry, Director of Economic Development, reported that
Congressman Forbes had announced on December 23, 2009 that the
Department of Labor had approved Federal Trade Adjustment Assistance
(TAA) for all 1,100 employees who will lose their jobs as a result of the
announced International Paper (IP) mill closure. She reported that staff had
met with the IP local business Subcommittee to discuss the ongoing
economic recovery of the IP site and that the Executive Committee had also
held a meeting to better define the roles and responsibilities of that
Committee, to include expected deliverables and benchmarks for progress in
the areas of workforce, economic development, small business and forestry.
She advised that the Department of Economic Development will begin
hosting a new monthly business seminar series for existing businesses
beginning on January 25, 2010 at 6:00 p.m. at the Isle of Wight Ruritan
Building. She advised that she will be meeting with the Virginia Economic
Development Partnership on January 26, 2010 to continue strategic business
recruitment planning sessions.
Chris Moore, Chesapeake Bay Foundation, addressed the Board
regarding the potential effects of the Cypress Creek Coal Power Plant
proposed in Dendron, Virginia.
Beverly H. Walkup, Director of Planning and Zoning, requested
direction from the Board regarding a letter contained in the agenda addressed
to the Surry County Board of Supervisors and the Town of Dendron
regarding the Cypress Creek Coal Power Plant.
Supervisor Clark moved that the matter be deferred until later in the
agenda under Old Business. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
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Chairman Bradshaw called for consideration of the Consent Agenda.
A. Safety and Training Update
B. Donation of School Bus to Emergency Services
Resolution to Accept Donated School Bus from Isle of
Wight County Schools
C. Information Required for the Board of Supervisors
D. Application for Grant Funds -- Virginia Department of
Emergency Management (VDEM) 2008 Port Security Grant
Resolution to Authorize the Submission of a Grant
Application and to Accept and Appropriate Grant Funds
from the Virginia Department of Emergency Management
E. Application for Grant Funds Virginia Information
Technologies Agency Wireless E -911 Services Board PSAP
Grant
Resolution to Accept and Appropriate Grant Funds from
the Virginia Information Technologies Agency for the
Wireless E -911 Services Board PSAP Grant
F. Fort Boykin Update
G. Change in Frequency of Reporting on the Status of Engineering
Projects
H. Isle of Wight County Wetlands Board 2009 Annual Report
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Supervisor Clark moved that the Consent Agenda be approved as
presented. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
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. Delinquent Real Estate Tax Collection Monthly Report
Chairman Bradshaw called for Regional Reports.
Ms. Perry reported that the Hampton Roads Economic Development
Alliance had discussed its successes over the past year at its most recent
meeting.
Supervisor Wright reported that the Hampton Roads Military and
Federal Facilities Alliance ( HRMFFA) had discussed the carrier being sent to
Mayport, Florida. He advised that the Alliance has changed its By -laws to
include the appointment of a citizen to represent the Board of Supervisors on
the HRMFFA.
Supervisor Wright moved that consideration of a citizen appointment
to the Hampton Roads Military and Federal Facilities Alliance be taken under
consideration later in the meeting under New Business. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Clark reported that the Hampton Roads Transportation
Planning Organization has hired a consultant to assist with the Federal
process involved with municipal and southern routes for high -speed rail.
Supervisor Hall reported that she had attended her first Social Services
Board meeting and is currently being brought up -to -speed on related issues.
Supervisor Casteen reported that the South Hampton Roads Resource
Conservation and Development Council's annual meeting will be held on
April 28 -30, 2010 in Smithfield.
Chairman Bradshaw reminded the Board that VACo/VML Day is
February 11, 2010 at the Richmond Marriott. He reported that the ability of
Virginia counties to charge a Meals Tax had passed the Senate Finance
Committee and is also expected to pass the full Senate.
Supervisor Wright reported that the Western Tidewater Regional Jail
Authority discussed its budget at its most recent meeting, specifically with
respect to funding needed due to a lack of upkeep on equipment; repairs that
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need to be made to the Jail in order to bring it up to current standards
(approximately $1 million); and, a reduction in Federal inmates. He advised
that the County will be expected to increase its share of funding due to those
factors.
Chairman Bradshaw reported that Theodore Hardison had been
appointed by Governor Kaine to serve as the Board's representative on the
Southeastern Public Service Authority.
County Administrator Caskey reported that the new members of the
Southeastern Public Service Authority (SPSA) had met this week to
familiarize themselves with the goals of that Board. He advised that the first
official Board meeting will be Wednesday, January 27, 2010. He advised
that the CEO's of the participating SPSA jurisdictions are working in
conjunction with SPSA and VRA with respect to the debt issue and the sale
of the waste -to- energy plant.
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Chairman Bradshaw called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, responsive to the
Board's direction at its December 2009 meeting, advised that staff, along
with area residents who wanted the storm - damaged section of Morgarts
Beach Road between Gurwen Drive and Days Point Road to remain closed,
had met with VDOT officials on -site on January 7, 2010. He advised that
following a public hearing on the issue, staff will return to the Board with a
recommendation.
Supervisor Hall inquired that if the road remains closed, will it be
abandoned.
MacFarland Neblett, VDOT Resident Administrator, advised that
VDOT has stabilized the washed out areas, but is reluctant to reopen the road
to traffic due to an insufficient base to support tar and gravel or asphalt. He
advised that the cost to restore the roadway to its original condition is
estimated at $212,000 and he inquired if the Board wished to reopen the road
or have it abandoned.
Supervisor Hall advised that the calls received wanting the road to
remain open outnumber the ones wanting the road to be abandoned 25 -1.
Supervisor Clark moved that VDOT proceed with moving forward as
quickly as possible with the reopening of Morgarts Beach Road for use by
residents and emergency vehicles. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that VDOT be requested to perform a speed
study at certain locations along Whippingham Parkway to see if the
installation of speed bumps is warranted. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that the Sheriff's Office be requested to
provide additional speed enforcement along Whippingham Parkway. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark advised Mr. Neblett that he would like to meet with
him in the near future concerning the process by which disabled vehicles are
removed from the James River Bridge. He further requested an opportunity
to meet with Mr. Neblett on -site at the VDOT -owned property located at the
south end of the James River Bridge with respect to the removal of the chain -
length fence.
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Supervisor Wright moved that the order of the agenda be amended at
this time in order to conduct the public hearings. The motion was adopted by
a vote of (4 -0) with Supervisors Bradshaw, Clark, Hall and Wright voting in
favor of the motion; no Supervisors voting against the motion; and,
Supervisor Casteen absent for the vote.
Chairman Bradshaw called for a public hearing on the following:
A. An application to amend the Comprehensive Plan of Isle of
Wight County, Virginia through the addition of the proposed
Route 58 Corridor Economic Development and Land Use Master
Plan prepared by Renaissance Planning Group and Thomas Point
Associates, including a revised Chapter 4, Map 4 -11 (Land Use
Plan for the Camptown Development Service District) and text
which will be included as an appendix to the Comprehensive
Plan. The Route 58 Master Plan is based on extensive economic,
land use, and transportation analysis, along with a community
involvement process designed to solicit public input and to create
a broad -based plan with community support. The purpose of
creating a Master Plan is to provide for high quality employment
and community development, while maintaining compatibility
with the existing scale, character, and natural and rural setting for
the citizens of Isle of Wight County.
Vlad Gavrilovic, Principle of Renaissance Planning Group,
Renaissance Planning Group, addressed the Board regarding revitalization
efforts along the Route 58 Corridor in association with amendments to the
Comprehensive Plan.
Tom Flynn, Thomas Point Associates, addressed the Board regarding
market fiscal issues associated with the amendments to the Comprehensive
Plan.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Plan amendments.
Sharon Hart, resident of the Newport District, recalled that there have
been past concerns expressed about intense development along Route 58 near
the Franklin Airport.
Ben Rideout, Chairman, Southern Development Committee, stated that
the amendments represent the best possible plan for that area and the
residents who reside there.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Chairman Bradshaw moved that the application to amend the
Comprehensive Plan be approved. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
B. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Chapter 11. Motor Vehicles
and Traffic. Article I. In General. By Adding Section 11 -2.1
Reimbursement of Expenses Incurred in Responding to DUI and
Related Incidents
Interim County Attorney Burton certified that the Ordinance has been
properly advertised for public hearing. He advised that the amendment
reflects a change in State law which allows the County to seek
reimbursement for expenses related to various misdemeanor offenses,
including driving under the influence.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Plan.
There being no one speaking in favor or in opposition to the proposed
amendment to the Ordinance, Chairman Bradshaw closed the public hearing
and called for comments from the Board.
Supervisor Wright moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING
CHAPTER 11. MOTOR VEHICLES AND TRAFFIC.
ARTICLE I. IN GENERAL. BY ADDING
SECTION 11 -2.1 REIMBURSEMENT OF EXPENSES INCURRED IN
RESPONDING TO DUI AND RELATED INCIDENTS.
WHEREAS, the taxpayers of Isle of Wight County have to bear the
financial burdens incurred in providing a emergency response to a motor
vehicle accident; and
WHEREAS, the costs of providing emergency response to accidents
and incidents is steadily increasing; and
WHEREAS, Section 15.2 -1716 of the Code of Virginia (1950, as
amended) permits Isle of Wight County to impose personal liability on
persons convicted of certain motor vehicle offenses for the costs of an
emergency response to an accident or incident related to such violations; and
WHEREAS, the Board of Supervisors wishes to clarify the authority of
the courts to order the recovery of costs as restitution imposed at the time of
sentencing,
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 11. Motor Vehicles and Traffic,
Article I. In General. be amended and reenacted by adding Section 11 -2.1.
Reimbursement of expenses incurred in responding to DUI and related
incidents as follows:
Sec. 11- 2.1.Reimbursement of expenses incurred in responding to DUI and
related incidents.
(a) Any person convicted of violating any of the following provisions
shall be liable for restitution at the time of sentencing or in a separate civil
action for reasonable expenses incurred by the Isle of Wight County,
including by the sheriffs office, or by any county volunteer fire or rescue
squad, or by any combination of the foregoing, when providing appropriate
emergency response to any accident or incident related to such violation:
(1) The provisions of §§ 18.2 -36.1, 18.2 -51.4, 18.2 -266, 18.2-
266.1, 29.1 -738, 29.1- 738.02, or 46.2 - 341.24 of the Code of Virginia (1950,
as amended), or a similar ordinance, when such operation of a motor vehicle,
engine, train or watercraft while so impaired is the proximate cause of the
accident or incident;
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(2) The provisions of Article 7 (§ 46.2 -852 et seq.) of Chapter 8
of Title 46.2 of the Code of Virginia (1950, as amended), relating to reckless
driving, when such reckless driving is the proximate cause of the accident or
incident;
(3) The provisions of Article 1 (§ 46.2 -300 et seq.) of Chapter 3
of Title 46.2 of the Code of Virginia (1950, as amended) relating to driving
without a license or driving with a suspended or revoked license; and
(4) The provisions of § 46.2 -894 of the Code of Virginia (1950,
as amended) relating to improperly leaving the scene of an accident.
(b) Personal liability under this section for reasonable expenses of an
appropriate emergency response shall not exceed one thousand dollars
($1,000.00) in the aggregate for a particular accident or incident. In
determining the "reasonable expenses," the county may bill a flat fee of two
hundred fifty dollars ($250.00) or a minute -by- minute accounting of the
actual costs incurred. As used in this section, "appropriate emergency
response" includes all costs of providing law- enforcement, fire fighting,
rescue, and emergency medical services. The provisions of this section shall
not preempt or limit any remedy available to the county, or to any volunteer
rescue squad to recover the reasonable expenses of an emergency response to
an accident or incident not involving impaired driving, operation of a vehicle
or other conduct as set forth herein.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
Renewal of the Johnson Farm Lease
Interim County Attorney Burton advised that the seventh amendment to
the Johnson Farm lease has been properly advertised for public hearing for an
extension of an existing lease agreement.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Plan.
No one appeared and spoke.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the Johnson Farm lease renewal be
approved. The motion was adopted by a vote of (5 -0) with Supervisors
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Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
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Supervisor Clark moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Bradshaw called for the continuation of Transportation
Matters.
Supervisor Clark requested that Mr. Neblett relay his suggestion to the
appropriate VDOT official that VDOT operate its business off of Smith's
Neck Road instead of in a structure or portable office at the south end of the
James River Bridge and return to the Board with VDOT's response.
Supervisor Clark relayed a concern expressed at the most recent
meeting of the Eagle Harbor Homeowner's Association concerning the
potential for alternative traffic flow when the Route 17 sewer project begins.
He asked that Mr. Neblett give consideration to that concern when the project
begins in the next several months.
Arthur DeGroft, Woodland Drive, requested that the lines be repainted
at the intersection of Benn's Church Boulevard and Route 10 and the
potholes be repaired at the intersection of Benn's Church Boulevard and
Route 17.
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Chairman Bradshaw called for Citizens Comments.
Arthur DeGroft, Woodland Drive, requested that all unnecessary
County spending be stopped and that only needed services projects be
funded. He recommended that the County implement a four (4) day work
week; add a 6 grade to Carrsville and Windsor Elementary Schools and
begin holding 7 and 8 grades at Windsor High School by building
classrooms onto several of its wings; develop a common calendar with the
Pruden Center; and implement shared services with the school division.
Sharon Hart, Newport District, advised that Mr. Burnley, former
Director of DEQ, will be speaking at a meeting to be sponsored by the Isle of
Wight Citizens Association and the Carrollton Civic League concerning the
impacts associated with the proposed coal power plant. She requested that
the Board give consideration to co- sponsoring the upcoming meeting when
the date is established.
Jerry Hackney, Assistant Chief, Smithfield Volunteer Fire Department,
requested that the Board reconsider that Department's request for a heavy
rescue vehicle.
Chris Edwards, Assistant Chief, Smithfield Volunteer Fire Department,
requested that the Board reconsider that Department's request for a heavy
rescue vehicle.
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Chairman Bradshaw called for Board comments.
Supervisor Clark commented on a recent editorial which appeared in
the Smithfield Times which contained inaccurate information with respect to
the County now owning 2,500 swamp land acres originally valued at $3
million. He stated that the land purchased by the County is riverfront land
along the Blackwater River. He stated that the article also states that the
agreement stipulates that the County can not manage its land, which is
incorrect, and that the agreement allows the County to use that land in any
way that is not inconsistent with the owner's timber rights. He stated that all
Board members were supportive of the purchase and grants were solicited
and awarded to the County in the amount of $1.5 million. He commented
that many times, writers of editorials do not have access to all the facts and
he encouraged anyone writing an editorial to do so only after doing all the
research so that an article is not printed in the newspaper falsely informing
the public about County issues.
Chairman Bradshaw called for the County Attorney's report.
Interim County Attorney Burton requested authorization to advertise
for public hearing An Ordinance to Amend and Reenact the Isle of Wight
County Code by Amending and Reenacting Chapter 15. Taxation. Article VI.
Tax on Prepared Food and Beverages, Section 15 -25. Reports and
Remittances Generally and by Amending and Reenacting Article I. In
General. By Adding Section 15 -5.2.1 Procedures as to collection: Section
15 -5.2.2 Reports and Remittances; and Section 15- 5.2.3. Penalty of Late
Remittance or False Return.
Supervisor Wright moved that the County Attorney's office be
authorized to advertise the Ordinance at the Board's February 18, 2010
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
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Interim County Attorney Burton requested authorization to advertise
for public hearing the renewal of the Griffin Farm Lease.
Supervisor Wright moved that the County Attorney's office be
authorized to advertise the renewal of the Lease at the Board's February 18,
2010 meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Interim County Attorney Burton advised the Board that he had four (4)
matters to discuss with the Board later during the closed meeting.
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Chairman Bradshaw called for the General Services report.
Frank Haltom, Assistant Director of General Services, advised that the
4`ounty, in addition to 12 other surrounding localities served by the Hampton
Roads Sanitation District, is under a Special Consent Order by the
Department of Environmental Quality with the goal of eliminating non-
permitted discharge into the surface water and minimizing the number of
overflows.
Mr. Forrest Robertson, Timmons Group, reported on the current status
of the requirements and the timeline to complete those requirements in order
to comply with the Department of Environmental Quality Special Order by
Consent (SOBC).
Edwin P. Wrightson, Director of General Services, presented a
resolution to approve a contract for the improvements to the Carisbrooke
water system for the Board's consideration.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION TO APPROVE A CONTRACT FOR THE CARISBROOKE
WATER SYSTEM IMPROVEMENTS
WHEREAS, the 2009/10 Capital budget includes $373,000 for water
system improvements at the Carisbrooke Development and,
WHEREAS, bids have been solicited, received, and an apparent low
bid identified in the amount of $234,325.00.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that, pending review and approval by
the County Attorney, a contract may be entered into between the County and
the low bidder at the amount of the bid.
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BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to prepare such
documentation as is necessary and to give this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Wright advised that the County, responsive to the Southeastern
Public Service Authority discontinuing its recycling service to the County
effective March 31, 2010 has participated in a regional RFP process with
Southampton County and the City of Franklin. He advised that the low bid in
the amount of $137.50 a ton had been received to pick up the County's
recycling containers; however, there will also be a processing fee of $22 a ton
and that any non - recyclables in the recycling stream would be required to be
disposed of in the landfill at a low bid of $46 per ton, which represents a 60%
increase in the cost of this service to the County. He advised that in order for
the County to maintain its costs, the number of current container pulls must
be reduced. He advised that the Recycling Committee is recommending that
recyclables be collected as a single stream; compactors should be used to
reduce the number of pulls; that the County contract with AVES to pick up
and dispose of recycles; and, that recycling containers should be at all
convenience centers. He advised that it is recommended that the
implementation of the proposed County recycling program be accomplished
in three (3) phases as outlined in the Board Report contained in the agenda.
Supervisor Wright moved that staff be authorized to implement Phase 1
(outlined in the Board Report) of the proposed Isle of Wight Recycling
Program and to use FY2010 Public Works Capital funds to purchase twelve
(12) containers. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman Bradshaw called for the Tourism report.
Judy H. Winslow, Director of Tourism, requested that a part -time Old
Town Curb Market Manager be hired for the Smithfield Farmer's Market
who will dedicate approximately 20 hours a week for 27 weeks and who will
be tasked with gathering and maintaining sponsorships with the goal of
obtaining sufficient sponsorships to make the Market self sufficient. She
advised that in 2010, the Market will continue to operate as a function of the
Department of Tourism and will require no additional funding from the
County.
Supervisor Hall moved that the Isle of Wight County Human
Resources Department be authorized to immediately post a job opening for a
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Farmer's Market (OTCM) Manager and that the current vacancy be filled
with a qualified candidate through the usual operating procedure. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Casteen moved that the Old Town Curb Market 2010
budget be accepted for reference purposes only, with no contribution request
from Isle of Wight County. The motion was adopted by a vote of (4 -0) with
Supervisors Bradshaw, Casteen, Hall and Wright voting in favor of the
Motion; no Supervisors voting against the motion; and,- Supervisor Clark
absent for the vote.
Ms. Winslow submitted for the Board's consideration a report by
Commonwealth Architect issued August 28, 2009 entitled "Conservation
Assessment and Maintenance Plan — Boykin's Tavern, Isle of Wight,
Virginia." She advised that the most immediate concern noted in the report
involving the drainage problems has already been successfully corrected by
the County's Department of General Services in 2009, but that additional
needs have yet to be addressed due to funding shortages. She advised that
Commonwealth Architects has recommended that an additional condition
assessment survey be conducted by a structural engineering expert to
investigate the extensiveness of the issues and to provide recommendations
and cost estimates for repair. She recommended that the Board task the
Division of Historical Resources to determine the cost of an immediate
Boykin's Tavern structural engineer addition assessment survey and bring
that to the Building and Grounds Committee at its next meeting.
Chairman Bradshaw moved that the Division of Historic Resources be
tasked with determining the cost of an immediate Boykin's Tavern Structural
Engineering Condition Assessment Survey to bring to the Buildings and
Grounds Committee. The motion was adopted by a vote of (4 -0) with
Supervisors Bradshaw, Casteen, Hall and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Clark
absent for the vote.
Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Recognize and
Commend James B. Brown, Jr. for the Board's consideration.
Supervisor Hall moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE AND COMMEND
JAMES B. BROWN, JR.
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WHEREAS, James B. Brown, Jr. was a member of the Isle of Wight
County Board of Supervisors from January 2006 through December 2009
and was Chair of the Board for 2009; and,
WHEREAS, while serving as a member of the Isle of Wight County
Board of Supervisors, Mr. Brown has also served on a number of local and
regional Boards including the Isle of Wight County Social Services Board,
the Hampton Roads Mayors and Chairs Caucus, the Hampton Roads Military
and Federal Facilities Alliance, the Hampton Roads Partnership, the
Southeastern Public Service Authority, and the Western Tidewater Regional
Jail Board; and,
WHEREAS, Mr. Brown served on the Isle of Wight County School
Board for 29 years beginning in 1973 and his tenure include three (3) four -
year terms as Chairman; and,
WHEREAS, Mr. Brown has further served the community as a member
of the Town of Smithfield Planning Commission and an active member,
Trustee, and Deacon at Main Street Baptist Church; and,
WHEREAS, Mr. Brown continues to serve as a member of the Isle of
Wight County Planning Commission; and,
WHEREAS, his longstanding service and dedication have substantially
improved the quality of life for the citizens of Isle of Wight County, the
Hampton Roads Region, and the Commonwealth of Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that James B.
Brown, Jr., be recognized and commended for his outstanding service to the
Board and the citizens of Isle of Wight County, and is presented this
Resolution as a token of the Board's gratitude and esteem.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to James B. Brown, Jr., its best wishes for his future
endeavors and orders that a copy of this Resolution be spread upon the
minutes of this Board meeting this 21 day of January, 2010.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Ron D. Reck, Director of Budget and Finance, advised that the auditors
are not ready to present a draft of the County's financial statements to the
Board for the year ending June 30, 2009; however, included in the agenda is
documentation representing the financial status of the County in terms of the
fund balance on June 30, 2009. He advised that the County ended the year
with a fund balance of $16,450,000, of which $3.4 million is designated,
16
leaving an undesignated fund balance of $13 million. He advised that the
County's policy on its undesignated fund balance is to keep 10% of its
current operating budget free, which is $9,476,000, leaving on June 30, 2009
a balance of $3.5 million that the Board could use for various needs of the
County. He stated that $810,000 of that amount has been designated thus far
for funding. He stated that including in the agenda are pending items that
have not been approved for funding by the Board at this time.
Mr. Reck recommended that the Board adopt a Resolution to
Appropriate Funds from the Unreserved Fund Balance for the Completion of
Various Carryover Operating and Capital Projects which had been
appropriated in the prior 2008 -09 fiscal year, which were ongoing, but not
yet completed.
Steve Jenkins, the School's Finance Director, distributed a letter from
the School Superintendent regarding a request from the Schools made in the
fall for carryover funds in the amount of $1.5 million. He stated that the
Board, in past years, had agreed that funds remaining in the School budget
would be reallocated to Schools to address capital needs that were not
included in the budget. He advised that carryover funds are essential to the
Schools in order to address equipment needs. He stated that carryover funds
are intended to replace aging vehicles; address building deficiencies that are
too much for inclusion in the capital improvements budget; and, for the
replacement of failing computer equipment. He requested that the $500,000
left over on the roof projects at Hardy Elementary and Smithfield High
Schools remain with the Schools as there are ongoing negotiations with
respect to property.
Supervisor Clark moved that the Director of Budget and Finance be
directed to return with an amended Resolution to Appropriate Funds from the
Unreserved Fund Balance for the Completion of Various Carryover
Operating and Capital Projects in the amount of $34,639,459 which includes
$399,000 to allow the schools to replace three (3) vans in the amount of
$54,000; address the cost upgrades for HVAC in the amount of $150,000;
address the poor drainage at Westside and Windsor High School in the
amount of $70,000; address the regional sanitary sewer consent order
regarding grease traps in the amount of $50,000; and, address the arc -flash
hazards at a cost of $75,000. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Hall spoke in favor of the Board appropriating funds to the
Western Tidewater Free Clinic, which is used by County residents.
Supervisor Wright spoke in favor of the Board appropriating funds to
the Surry Free Clinic, which is also used by County residents.
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Supervisor Casteen moved that the Director of Budget and Finance
return at the Board's February 18, 2010 meeting with a resolution
appropriating $20,000 to the Western Tidewater Free Clinic and $7,500 to
the Surry Free Clinic. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Bradshaw moved that staff be directed to provide a report to
the Board at its February 18, 2010 meeting on the CHIP's Program. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Regarding consideration by the Board of a Resolution to Defer Funding
for a Replacement Heavy Rescue Vehicle for the Smithfield Volunteer Fire
Department, Brian Carroll, Chairman of the Fire and Rescue Association,
advised that a significant amount of funding for equipment was deferred in
November 2009 by all seven (7) fire and rescue agencies. He advised that the
request from the Smithfield Volunteer Fire Department for a heavy rescue
vehicle, a replacement engine for the Rushmere Volunteer Fire Department
and a request for an apparatus bay addition and interior renovation at the
Rushmere Volunteer Fire Department have been in the Capital Improvements
Program for many years; however, the Association will leave it to the
discretion of the Board to prioritize these requests.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO DEFER FUNDING FOR A REPLACEMENT
HEAVY RESCUE VEHICLE FOR THE SMITHFIELD VOLUNTEER
FIRE DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia approved the purchase of a replacement vehicle for the Smithfield
Volunteer Fire Department as part of the 2009/10 Capital Improvement Plan
process; and,
WHEREAS, the bids received for the replacement of this heavy rescue
vehicle exceed the available budget for this purchase in the amount of forty-
seven thousand five hundred eighty -one dollars ($47581); and,
WHEREAS, funding this project would put substantial pressure on the
County's financial reserves at this tine.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the
amount budgeted in 2009/10 for the Smithfield Heavy Rescue vehicle is
withdrawn from the budget.
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BE IT FURTHER RESOLVED that the Smithfield Volunteer Fire
Department be encouraged to re- submit this request through the Capital
Improvement Program process during the fall, 2010.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO DEFER FUNDING FOR A REPLACEMENT ENGINE
FOR THE RUSHMERE VOLUNTEER FIRE DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia approved four hundred fifty thousand dollars ($450,000) for the
purchase of a replacement for the Rushmere Volunteer Fire Department's
Engine 31 as part of the 2009/10 Capital Improvement Plan process; and,
WHEREAS, the bids received for the replacement of this equipment
exceed the available budget for this purchase in the amount allocated by
twenty nine thousand, five hundred dollars ($29,500); and,
WHEREAS, funding this project would put substantial pressure on the
County's operating budget at this time.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the amount budgeted in 2009/10
for the Rushmere Engine replacement vehicle is withdrawn from the budget.
BE IT FURTHER RESOLVED that the Rushmere Volunteer Fire
Department be encouraged to re- submit this request through the Capital
Improvement Program process during the fall, 2010.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO DEFER FUNDING FOR AN APPARATUS BAY
ADDITION AND INTERIOR RENOVATION PROJECT AT THE
RUSHMERE VOLUNTEER FIRE DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia approved the construction of an apparatus bay addition and interior
renovation project at the Rushmere Fire Department as part of the 2009/10
Capital Improvement Plan process; and,
19
WHEREAS, the architect's estimate for this project exceeds the
available budget for this purchase by eighty -three thousand seven hundred
and seventy four dollars ($83,774); and
WHEREAS, funding this project would put would require additional
borrowing.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the amount budgeted in 2009/10
for the Rushmere Volunteer Fire Department building addition/renovation is
withdrawn from the budget.
BE IT FURTHER RESOLVED that the Rushmere Volunteer Fire
Department be encouraged to re- submit this request through the Capital
Improvement Program process during the fall, 2010.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Regarding unfunded requests for financial support, Mr. Reck advised
that staff recommends approval of funding to provide safety equipment for
the Public Utilities Confined Space Program, as well as the request for staff
positions within the Commissioner of Revenue's office that were lost in the
fall round of the Governor's cuts.
Lee Beechboard, Safety and Training Coordinator, advised that the
County currently does not have procedures established for a Confined Space
Program. She requested that the Board adopt the Resolution to Appropriate
Funds from the Unappropriated Fund Balance for Safety Equipment.
Supervisor Wright remarked that the County needs to have a program
and procedures already in place before moving forward with the purchase of
any related equipment.
Supervisor Clark moved that the matter be referred to the Building and
Grounds Committee. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Reck presented a Resolution to Appropriate Funds for the
Commissioner of Revenue's Office in Response to a Mid -year State Funding
Reduction for the Board's consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FOR THE
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COMMISSIONER OF REVENUE OFFICE IN RESPONSE TO A
MID -YEAR STATE FUNDING REDUCTION
WHEREAS, several County functions (e.g. Commonwealth Attorney,
Circuit Clerk, Section 8 — Housing and others) obtain financial support both
from the County and the State; and,
WHEREAS, during October 2009, the Governor announced a
reduction in State support for these functions; and,
WHEREAS, the Board of Supervisors has deemed it unwise to reduce
COR staffing in mid year.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that twelve thousand, two hundred and ninety -nine
dollars ($12,299) from the Undesignated Fund Balance of the General Fund
be appropriated to the FY2009 -10 General Operating Budget of the County
of Isle of Wight, Virginia to address this shortfall; and,
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,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Caskey advised that the Western Tidewater Jail
Superintendent, by letter received today, has advised that there is a need for
funding from the County in the amount of $120,000 as of March 2010. He
stated that the letter is also advising that in the next fiscal year budget, the
County should anticipate two (2) bi- annual payments of $210,625.
Mr. Reck advised that he would be returning with a resolution
appropriating an additional $120,000 to the Western Tidewater Regional Jail
to address the County's increase in its share of funding.
Don Robertson, Director of Information Resources and Legislative
Affairs, provided a legislative update to the Board advising that both of the
bills (the Cigarette Tax and bill to authorize the County to levy a solid waste
disposal fee and have the billing included with a utility) which were
submitted by Delegate Barlow and Delegate Tyler on the County's behalf
were killed in Committee yesterday; that the bills submitted on the County's
behalf for the Blackwater River to be designated a Scenic River have passed
through the Senate and House Committees; and, that Senator Quayle's Meals
Tax bill passed out of the Senate Finance Committee.
21
/1
Supervisor Casteen moved that Anne B. Martin be reappointed to
represent the Smithfield District on the Commission on Aging. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen moved that Allan Hanrahan be reappointed to
represent the Smithfield District on the Commission on Aging. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Bradshaw declared a ten - minute break.
Chairman Bradshaw called for Appointments.
Chairman Bradshaw called for Old Business.
Mark W. Furlo, Director of Parks and Recreation, addressed the Board
regarding a proposed docking fee for the Tyler's Beach Boat Harbor. He
advised that staffs recommendation is to charge an annual fee of $500;
however, a fee in the amount of $250 would cover all County costs
associated with maintaining the facility on an annual basis. He advised that
in speaking with the watermen who currently use the facility, their main
concern is that residents of the Lawnes Pointe development will drive up the
cost.
Nathaniel Pape advised that visitors throw their trash out on the ground
rather than use the trash containers that are provided. He expressed
opposition to a charge of $250 as the watermen that use the boat dock are not
making any profit as there is no longer a market for oysters. He requested
that there be no fee for use of the boat ramp.
Mr. Tyler, born and raised at Tyler's Beach, advised that his family had
orginally donated the land to the County for use as a boat harbor for County
fishermen. He stated that the intent when the land was donated was for the
fishermen to be allowed to use the boat dock free of charge.
Daniel, a commercial waterman, remarked that he would also like to
have 24 hour security if he was going to be charged a fee. He advised that he
has been the victim of theft in the past.
22
Peyton Jones commented that he currently has three (3) boats docked at
the facility and that he could not afford to pay a fee when there is no longer a
market for oysters.
Supervisor Clark moved that an annual fee of $250 be charged for boat
d cking at Tyler's Beach Boat Harbor to cover expenses associated with the
o eration of that facility. The motion was defeated by a vote of (4 -1) with
Supervisor Clark voting in favor of the motion and Supervisors Bradshaw,
Casteen, Hall and Wright voting against the motion.
Regarding draft Sewer and Water Agreements with the Town of
Smithfield, which had been included in the agenda for the Board's
information, Assistant County Attorney Popovich advised that staff is
awaiting direction from the Board as to its interest in making a payment of
$132,000 to the Town of Smithfield.
Supervisor Clark moved that the Assistant County Attorney be directed
to return to the Board at its February 18, 2010 meeting with an Option (A)
and (B) regarding payment in the amount of $132,000 for further
consideration by the Board. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Clark further requested the information be referred to staff
and direct the Director of General Services to provide a recommendation with
respect to water and sewer to the Board at its February 18, 2010 meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
1 /
Supervisor Wright moved that the meeting be extended past 11:00 p.m.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Beverly H. Walkup, Director of Planning and Zoning, presented a draft
letter prepared by staff addressed to the Mayor of the Town of Dendron and
the Chairman of the Board of Supervisors of Surry County recommending
that those bodies table consideration of the proposed coal plant and
encouraging both bodies to incorporate conditions that would mitigate
concerns with air quality associated with the proposed coal plant.
Supervisor Clark moved that staff be directed to amend and submit the
comments contained in the letter in the agenda on behalf of the Isle of Wight
23
County Board of Supervisors to the Mayor of the Town of Dendron and to
the Chairman of the Board of Supervisors of Surry County. The amendment
is to request an independent study on the negative environmental health
affects on the region (keeping in mind that the affect on the County's non -
attainment zone with respect to the intermodal facility and the County's
attainment level will not be such that the County can not add any industry to
the intermodal facility /industrial parks will be covered in the independent
study) and additional information from ODEK regarding pollution controls
(staff should ensure that the highest level of pollution control is proffered
that exists today). Staff is authorized to provide a copy of the amended letter
to the other surrounding jurisdictions. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
//
Chairman Bradshaw called for New Business.
Supervisor Clark advised that the Parks and Recreation Committee had
met to discuss fee amounts to be charged for the Relay for Life and
Smithfield Soccer Club events.
Supervisor Clark moved that staff be authorized to charge staff's
recommended charge for the Relay for Life event to cover any associated
costs to the County and staff's recommended charge for the Smithfield
Soccer Club, providing that the Club lay out the fields. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Mr. Wrightson advised the Board regarding stormwater drainage
problems that have been occurring at Oyster Court.
Supervisor Clark moved that the Director of General Services, in
conjunction with the County Attorney, be directed to investigate if there is
any legal recourse against the original developer and return to the Board with
a recommendation on how this matter can be resolved. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Clark commented that there are several subdivisions and
developments that have been approved by the Board, but not begun
construction. He stated if these developments began construction, it would
provide an additional tax base for the County during this economic downturn.
Supervisor Clark moved that the Director of Economic Development,
the Director of Planning and Zoning and the Director of General Services
24
work collaboratively to jump start subdivisions /developments, i.e.. St. Lukes
Village, Bridge Pointe Commons, that have already been approved to begin
development and what needs to be done to assist them. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Clark advised that the Isle of Wight Citizens Association
will be sponsoring a town meeting regarding the proposed coal plant in
Surry. He advised that the Association is in need of a meeting place and way
to advertise the meeting.
Supervisor Clark moved that the Board co- sponsor the Association's
town meeting by allowing them to utilize the Board Room/Circuit Court and
website to publicize the meeting. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Regarding an appointment of a Board member to serve on the Hampton
Roads Military and Federal Facilities Alliance, County Administrator Caskey
advised that a citizen appointment will be added to the Appointments Page in
the Board's agenda for the Board's future consideration.
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; under Section 2.2-
3711.A.3 concerning consultation with legal counsel requiring the provision
of legal advice pertaining to the acquisition of real property in the Carrsville
District; under Section 2.2- 3711.A.7 concerning consultation with legal
counsel requiring the provision of legal advice pertaining to proposed
legislation; and, under Section 2.2- 3711.A.7 concerning consultation with
legal counsel requiring the provision of legal advice pertaining to a consent
order with the Department of Environmental Quality.
Supervisor Wright moved that the Board enter the closed meeting for
the reasons stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Clark, Casteen, Hall
and Wright voting in favor of the motion, and no Supervisors voting against
the motion.
Supervisor Wright moved that the Board return to open meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Clark,
Casteen, Hall and Wright voting in favor of the motion, and no Supervisors
voting against the motion.
25
Supervisor Wright moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Casteen, Clark, Hall and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
1/
Supervisor Casteen shared that it is his understanding that there will be
fourteen (14) new positions added at the Western Tidewater Regional Jail,
one (1) of which is a $75,000 additional Assistant Superintendent position.
He commented that as a new voting member on the Jail Board, he wanted to
share this information with the Board as the County is not proposing any new
positions during this downturn in the economy.
Supervisor Wright commented that currently there is only one (1)
guard per six (6) inmates and the State recommends that there be one (1)
guard per three (3) inmates. He advised that even if fourteen (14) positions
are filled now, it will only be one (1) guard per every four (4) inmates. He
advised that the Assistant Superintendent position is critical as there needs to
be someone able to take over if something happens to the Superintendent. He
stated that this Board needs to support the fourteen (14) new positions.
26
At 11:45 p.m., Supervisor Hall moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Clark, Casteen, Hall and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
�h o�
Car ills Storm, Clerk
27
P ' ip A. Bradshaw, Chairman