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03-04-2010 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF MARCH 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 Alexis Blankenship, a ninth grader at Windsor High School, called the meeting to order at 5:00 p.m. // Chairman Bradshaw delivered the invocation. 1/ The Pledge of Allegiance was conducted. 1/ Chairman Bradshaw called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney's Report, add four (4) closed meeting items; under the County Attorney's report, add authorization for Ron Reck, Director of Budget & Finance, to sign FEMA grant documents; and under the Parks and Recreation report, add a Board Report entitled "Summer Camp Program Counselors." 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 displayed animals available for adoption at the Isle of Wight County Animal Shelter. 1 The following employees were recognized by the Board for five (5) years of continuous service with the County: Kimberly Gradine; Charles Scott; Jeffrey Ziegler ; Amber Marois; Jennifer Taylor, David Harper; Ronald Carwile; Donald Mason; Earvin Myers; Mark Popovich; Richard Hendrick; Destiney Bennett; Linda Tuck; Melvin Mozell; Barbara Newby; Rachel Chieppa; Valerie Robinson -Ford; Jeffrey Elmore; Cheryl Whitener, Suzanne Anderson; Joseph Chase; Joseph Hopko; Wanda Wills; Robert Nelms; James Pope; and Carla Hedgepeth. The following employees were recognized by the Board for ten (10) years of continuous service with the County: Steve Tynes; Danielle Gray; Arnold Parrish; Kimberley MacKinnon; Stephen Hatcher; and, Troy Robinson. Sharon Prix and Marin Pulley were recognized by the Board for fifteen (15) years of continuous service with the County. Riddle Hines, Carey Storm and Tommy Stanfield were recognized by the Board for twenty (20) years of continuous service with the County. Judith Wells, Shelley Garner and Margaret Zerick were recognized by the Board for twenty -five (25) years of continuous service with the County. Mark W. Furlo, Director of Parks and Recreation, notified the Board that the County had received the following Communication Awards from the Virginia Association of Fairs: First place for the Fair Map; first place for the Fair Tabloid produced by the Smithfield Times; second place for the Premium Book; second place for the Pageant Book; second place for the Fair Billboard; and third place for overall marketing effort for Fairs in the State of Virginia with attendance between 7,000 and 30,000 people Fred Westphal, CPA, Goodman & Company, briefed the Board on the County's FY2008 -09 Comprehensive Annual Financial Report (CAFR), which reflects that the County had a fund balance of $16,450,000 in 2009 and an undesignated fund balance of approximately $13 million. Supervisor Wright moved that the auditor's report/comments be received. 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. Dr. Lisa McCoy, Director of the Western Tidewater Health District, briefed the Board relative to the County's health ranking by the Robert Wood Johnson Foundation. County Administrator Caskey recognized Dr. McCoy's service to the Western Tidewater Health District. 2 Dana Dickens, Executive Director of the Hampton Roads Partnership, briefed the Board regarding a regional economic plan entitled "Hampton Roads Vision." Sandra Amadon, East West Partners, briefed the Board regarding the upcoming Homearama event on May 8, 2010 and May 23, 2010 in the Founder's Pointe community. Sheriff Phelps requested use of existing funds in his FY2010 -11 budget from part -time positions and overtime in order to meet existing manpower problems in that office. He advised that funding to operate the Sheriff's office is received from the Commonwealth of Virginia and the County. He advised that he has agreed not to purchase any vehicles for a period of one (1) year responsive to County budget reductions. He advised that the Commonwealth of Virginia has notified him of a 7% or $72,000 reduction in funding. He advised that his office will be short five (5) Deputy positions in April 2010 when a Comp Board Deputy leaves to pursue employment with another agency. He stated that not filling these positions will save approximately $104,000 this current year, which more than meets the reductions required by the Comp Board without the County allocating any funds to his current budget. He stated that he does not intend to fill any of these positions until he knows how many positions he has funds for in the next budget. He advised that he would like to increase his part-time help by one (1) position, on a temporary basis, to maintain an inventory list of the Department's equipment, which can be accomplished by utilizing part-time funds in the amount of $7,200. He advised that the Compensation Board has notified his office of the expectation of a further reduction in funds in the amount of $324,000 for FY2010 -11 and FY2011 -12, which will result in the need to lay off seven (7) Deputies and all School Resource Officers having to be reassigned to the road. He stated that Sheriff's offices across the Commonwealth will be cut $85 million dollars, which will result in the loss of 1,700 positions Statewide. He stated that the Virginia Sheriff's Association presented a Bill in the General Assembly that $230 million dollars be restored over both years which will fund 1,500 law enforcement positions; restore across the board reductions for all Constitutional Officers and regional jails; continue to fund career development programs for all positions currently funded in the program; funds general liability insurance and surety bond premiums for all Constitutional Officers and regional jails; restore $23.3 million each year to cover a shortfall created by the absence of the one -time stimulus fund from last year. He advised that he was requested by the County to submit an across - the -board budget, one (1) with a 5% reduction and another with a 7% reduction in funding. He advised that he is not able to submit such a reduced budget as he is not willing to cut services to the citizens to the point that living in the County is not safe. Supervisor Clark moved that the Sheriff's budget be further discussed later in the meeting under Old Business. The motion was adopted by a vote 3 of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Amy Musik and Chris Gwaltney, Isle of Wight Leadership Academy participants, responsive to the Parks and Recreation Committee's request, briefed the Board regarding potential uses for the Stoup and Ragged Island properties. Supervisor Clark moved that the report be received; that the matter be referred to staff to determine if the recommended projects can be brought to fruition as time and funds allow; and that the participants be commended for the excellent work performed. 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 suggested that the Isle of Wight Leadership Academy participants serve on a Citizens Committee and assist the Director of Parks and Recreation with the implementation of the proposed projects. // Chairman Bradshaw called for consideration of the Consent Agenda. A. Poor House Road (Route 692) "Watch for Children" Signage . A Resolution to Request the Virginia Department of Transportation to Post "Watch for Children" Signs on Poor House Road B. VDOT Land Use Permit C. Change in Board of Supervisors' Meeting Schedule . Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change its Meeting Schedule Adopted by the Board at its Organizational Meeting of January 7, 2010 D. Final Subdivision Plat for Norsworthy Subdivision Phase I Supervisor Wright moved that the resolution under Item (C) be replaced with the resolution provided to the Board prior to the meeting which reflects that the Board's March 25, 2010 meeting has been changed to March 24, 2010 at 5:00 p.m. and that the remaining items on the Consent Agenda 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. 4 // Chairman Bradshaw called for Regional Reports. Supervisor Hall reported that the Chamber of Commerce had received a presentation on the upcoming Homearama event. She stated that the Chamber intends to be active with respect to getting local businesses involved in the Homearama. She reminded the Board that the Chamber of Commerce Trade show will be Wednesday, March 17, 2010 at the Smithfield Center and that the Richard J. Holland Post - Legislative Breakfast will be held on Friday, March 26, 2010 at 8:00 am. at the Windsor Ruritan Club. Supervisor Clark reported that the Hampton Roads Military and Federal Facilities Alliance discussed the significance of the Federal Government's investment in this region with the military. He advised that the consensus of the Alliance is that there are other regions spending more money to take our facilities than this region is spending to retain its facilities. He recommended that the current level of commitment be maintained even through difficult economic times. Chairman Bradshaw moved that Supervisor Clark be appointed to serve as the Board's representative on the Hampton Roads Military and Federal and Facilities Alliance. 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 noted that a handout had been provided to the Board regarding Virginia offshore wind energy which had been endorsed by the Mayors and Chairs Caucus. County Administrator Caskey advised that a Chairman and Vice - Chairman had been elected by the new Southeastern Public Service Authority Board of Directors and presentations made on the proposed SPSA budget for the coming fiscal year. He advised that the Board did set a budget work session on Monday, March 8, 2010. He advised that discussions will continue on the sale of the waste -to- energy sale to Wheelabrator that has a proposed closing date of May 1, 2010. Regarding the VACoBoard of Directors, Chairman Bradshaw reported that he and Supervisor Clark had participated in a Resolutions Committee conference call regarding certain bills under consideration by the General Assembly. Supervisor Wright reported that the Western Tidewater Water Authority had discussed the proposed routes for the new pipeline. Regarding the International Paper Economic Recovery Committee, Chairman Bradshaw reported that a community-wide meeting will be held on 5 April 6, 2010 at the Workforce Center. He reported that a news release was published yesterday, of which a copy has been provided to the Board. He advised that he had received a Letter from the Governor with respect to the Enterprise Zone, of which a copy will be provided to the Board, which expresses his strong support and commitment of the Secretary of Commerce and Trade and the Virginia Department of Housing Community Development in addressing the County's request for inclusion in the Enterprise Zone, which he believes will make the entire region more attractive to new economic opportunities. He advised that Ms. Perry and Mr. Robertson will be working together with respect to legislative issues for presentation at next year's session of the General Assembly. He advised that he will be working with Ms. Perry on Iegislation pertaining to incentives to private investors. Chairman Bradshaw called for Transportation Matters. Edwin P. Wrightson, Director of General Services, requested permission to proceed with an evaluation for Rural Rustic Road status for Strawberry Plains Road/Route 681, which has deteriorated significantly due to recent heavy rains and a snow storm. Chairman Bradshaw moved that the VDOT Residency Administrator be requested to evaluate Strawberry Plains Road/Route 681 as a candidate for the Rural Rustic Road Program and to advise the County as to his findings. 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 requested staff to compare the roads on the County's Rural Rustic Road List with that of the VDOT Resident Administrator and report back to the Board whether or not the roads are the same and are in the same order. Mr. Neblett advised that his last day of employment with VDOT is April 23, 2010. He formally introduced Joseph Lomax, his replacement. Ed Easter of Hideaway Lane in Carrollton advised that a deed for the 370 feet will be available by the Board's March 25, 2010 meeting. He advised that Assistant County Attorney Popovich is in contact with Mr. Keusal and that his deed will be corrected and turned in shortly. Supervisor Clark relayed to Mr. Neblett Peter Mizelle's drainage concern with a pipe underneath his driveway on Ventnor View in Carrisbrooke. Mr. Neblett advised that he had spoken with Mr. Mizelle today and has agreed to meet with him on site. 6 Supervisor Clark advised that there is a blue disabled car at the end of the James River Bridge that needs to be removed. Mr. Neblett responded that he would have the car removed. Chairman Bradshaw requested that Mr. Wrightson communicate with Mr. Neblett regarding the need to have the ditches cleaned on Burdette Road. // Chairman Bradshaw called for Citizens Comments. Ed Easter, Hideaway Lane, advised that the Isle of Wight Citizens Association will be sponsoring a "Meet Your Government" program at the Smithfield Center on April 20, 2010 from 6:30 p.m. to 9:00 p.m. He invited the Board members to attend this open forum where citizens will be asking questions of the Board of Supervisors, the School Board and the Smithfield and Windsor Town Council members. // Chairman Bradshaw called for comments from the Board. There were no comments offered. // Chairman Bradshaw declared a break. // Chairman Bradshaw called for the County Attorney's report. Interim County Attorney requested authorization to advertise for public hearing at the Board's March 24, 2010 meeting an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14. Sewers and Sewage Disposal. Section 14 -10. Amounts Generally. Section 14 -33. Conditions to be Fulfilled. Section 14-44. Refunds. Section 14-45. Payment of Connection and Tap Charges. Section 14 -47. Billing Procedure - Generally. Section 14-49. Same Bills to be Mailed to Owner's Address. And Section 14-50. Same - Disconnection Notice and Second Billing Notice; Re- Connections. Supervisor Clark moved that the County Attorney's office be authorized to advertise the Ordinance for public hearing at the Board's March 24, 2010 meeting. The motion was adopted by a vote of (5 -0) with 7 Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization for his office to advertise for public hearing at the Board's March 24, 2010 meeting an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 16.1 Water. Section 16.1 -1. Definitions. Section 16.1 -11. Generally. Section 16.1 -12. Service Disconnection. Section 16.1 -15. Charges Generally. And Section 16.1 -17. Conditions of Service. Supervisor Clark moved that the County Attorney's office be authorized to advertise the Ordinance for public hearing at the Board's March 25, 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 requested the Board to authorize the Director of Budget and Finance to sign the FEMA grant documents on behalf of the County. Supervisor Wright moved that the Director of Budget and Finance be authorized to sign the FEMA grant documents. 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 that he had five (5) matters to discuss with the Board later during the closed meeting. 1/ Chairman Bradshaw called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, requested permission for capital funds in the amount of $370,000 in the FY2010 Capital Improvements Program earmarked for a ball field at Nike Park be reappropriated and used to install lights at the existing field and build a restroom. Supervisor Clark moved that the following Resolution to Reallocate Capital Funds be adopted and that the Department of Parks and Recreation staff be directed to use the capital funds designated for the construction of a new softball field to install lights on the existing field and to use the remainder of the funds to construct a restroom facility with a concession stand near the soccer field: RESOLUTION TO REALLOCATE CAPITAL FUNDS • 8 WHEREAS, the Isle of Wight Board of Supervisors appropriated three hundred seventy -five thousand dollars ($375,000.00) for the construction of a new softball field at Nike Park; and, WHEREAS, the Department of Parks and Recreation could better maximize the use of funds by installing lights on an existing softball field; and, WHEREAS, sufficient funds would be available after the installation of lights to do other projects such as an additional restroom and storage facilities. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia appropriate one hundred seventy-five thousand dollars ($175,000.00) from the Softball Field Capital Project towards the construction of a restroom facility at Nike Park. The remaining two hundred thousand dollars ($200,000.00) will be used to install lights on an existing softball field. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. 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. Furlo requested authorization to advertise for several Summer Camp Program Counselor positions. Chairman Bradshaw moved that the Department of Parks and Recreation be authorized to hire seasonal staff for the Summer Camp 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. /1 Chairman Bradshaw called for the Economic Development report. Lisa T. Perry, Director of Economic Development, reported on the privatization of Phase III of the Shirley T. Holland Intermodal Park project. She stated that certain identified items need to be completed in order to improve the 1,000 acres. She advised that $26 million was projected in the Capital Improvements Plan over the next several years to continue the development of the Park with respect to the ongoing development of Phase III. She advised that staff is in the process of completing the rezoning application and she has prepared a list of associated project costs to date containing design work, engineering and land acquisition costs. She advised a total of $4,231,623 has been expended to date since January 2008, which does not include the acquisition cost for the International Paper 600 acres. 9 Chairman Bradshaw directed the Director of Economic Development to provide the following to the Board, at its April 15, 2010 meeting, under the Economic Development report of the agenda: Phase I . Cost Plus' long -term projection for use of its facility and is there still warehouse space that could be utilized by other businesses? . square footage available in that facility. Phase III . visual maps of the pieces of property showing how Phase III is tied to Phase II and the Norfolk Southern tract; location of the existing spec building, SafeCo and the other tracks of existing development. . cost of Phase III. . address why the spec building has not been picked up when there have been a lot of warehouses built in the neighboring City of Suffolk. . building types and sizes. . types of businesses that can be located on the 114 and 117 acres; the probability of businesses locating there and in what period of time. /1 Chairman Bradshaw called for the County Administrator's report. Ron D. Reck, Director of Budget and Finance, presented the FY2010- 11 Capital Improvement Plan (CIP) in the amount of $39.6 million, which has been approved by the Planning Commission and which includes the privatization of Phase III of the Shirley T. Holland Intermodal Park project. He requested that the Board adopt a Resolution to Schedule a Public Hearing and that the $4,093,000 for Phase III of the Shirley T. Holland Intermodal Park be eliminated until the Board makes a decision to move forward with that initiative. Supervisor Wright moved that the FY2010 -11 Capital Improvements Plan (CIP) be received, as approved by the Planning Commission and that the following Resolution to Schedule a Public Hearing be adopted setting a public hearing on the CIP at the Board's March 24, 2010 meeting: 10 RESOLUTION TO SCHEDULE A PUBLIC HEARING WHEREAS, The 2011 -2015 Capital improvement Plan has been reviewed by the CIP Subcommittee and formally approved by the Isle of Wight County Planning Commission and; WHEREAS, the Code of Virginia requires a public hearing before the CIP is adopted by the Board of Supervisors and; WHEREAS, the next available time for a public hearing (allowing for public notification) is March 25, 2010. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a public hearing on the 2011 — 2015 Capital Improvement plan will be scheduled for 7:00 PM on March 25, 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 Casteen moved that the $4,093,000 for Phase III of the Shirley T. Holland Intermodal Park be eliminated from the CIP, as recommended by the Director of Budget and Finance. 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 advised that the low bidder on the Smithfield Fire Station is A. R. Chesson Construction in the amount of $2,993,000 for the building. He advised that there were a number of additive and deductive alternates to that bid in order to provide staff some flexibility to remain within the budget. He advised that staff has met with the architecture and project management team to determine the nature of certain additive and deductive alternates involved and their associated cost. He advised that staff had also met with members of the Smithfield Volunteer Fire Department to solicit their views on what was needed and their opinion on the additives and deductive alternates. He advised that staff recommends that the Board award the base bid, additive alternative #2, temporary parking, additive alternative #3, fueling station and alternate #6 for eight (8) sleeping rooms at a contract price of $3,259,558 for a total project cost of $4,066,000 and includes those items needed to make a functioning fire station that are over and above the construction of the building. He advised that the remaining $244,000 could serve as a contingency or be used for another project, such as moving ahead with the Smithfield Rescue Station, which has been deferred. Mr. Wrightson, responsive to Chairman Bradshaw, advised that the fueling station project consists only of a concrete pad, screening wall, 11 electricity and telecommunications functions and does not provide for a gas boy system nor address any drainage or stormwater containment area. Joseph R. Chase, Chief of Emergency Services, explained that the idea is to relocate the existing fueling station to the proposed new Smithfield Fire Station between the IOW Rescue Squad and the Fire Department so that it can be used as a joint fueling location by those organizations. He advised that they currently purchase gas from a local gas station and by relocating the fueling station, gas can be purchased at a much lower rate. Chairman Bradshaw requested staff to provide the Board with the cost associated with moving, buying and setting up the tank, to include the savings realized by utilizing the County's gas contract. Chris Edwards, Assistant Chief of the Isle of Wight Rescue Squad, advised that the Squad is in favor of the Smithfield Volunteer Fire Department moving its tank to the new location. Chairman Bradshaw noted that the County must have a legal contract with VDOT regarding the temporary overflow gravel parking lot to be built on the VDOT parcel adjacent to the Fire Department. Chairman Bradshaw requested that staff investigate any additional cost that would be incurred by the County maintaining the generators. Mr. Wrightson advised that who will maintain the generator and how it will be maintained will fall under the Department of General Services and he currently does not have this cost included in his budget. He advised that the County will own the generator, however, he intends to investigate the feasibility of an annual maintenance contract. Supervisor Hall inquired if the project would be less expensive if the bid had been turn -key with no alternates. Charles Anselory, ACA Architects, stated that he believed that the cost would have been higher if no alternates were added. Michael Stallings, Deputy Chief, Smithfield Volunteer Fire Department, advised the Board regarding a unique live -in program offered by that Department whereby participants are required to adhere to a standard operating procedure and be available a minimum of 60 hours per week, which allows for that Department to arrive on scene as quick as paid personnel in surrounding communities. He stated that it is becoming more and more difficult to arrive at the station in a timely manner because of increased traffic in the northern end of the County and the Department has found this to be a very beneficial program. He added that the parking lot will provide a second means of ingress into the rescue squad facility and participants in the live -in program will utilize those spaces. He advised that 12 when the rescue squad goes under construction, the helipad will be inaccessible and the parking lot will provide accessibility to the helipad. He recommended that the fuel tank at the rescue squad be moved to the Fire Department. Chairman Bradshaw inquired if the base bid will produce an operational facility. Mr. Wrightson replied that the base bid represents an operational facility, but it will not have an overflow parking lot and fuel station. Interim County Attorney Burton asked Mr. Anselory to confirm that a review of A. R. Chesson Construction had been conducted to ensure they are capable of performing the work. Mr. Anselory replied that a review has been conducted and A. R. Chesson Construction was found to be a responsible and reasonable bidder. Supervisor Casteen recommended that the Board approve the project in the amount of $3.2 million as these prices will not be as low in the future. He commented that the only reason the Board has a figure less than $3.2 million to consider is because it decided administratively to make a provision so that the project did not have to be rebid it if it came in over bid. Supervisor Hall noted that the consensus of the Board at this time is that it will be willing to consider the refueling station when staff returns with a report on monetary savings that can be realized. Supervisor Clark noted that the consensus of the Board at this time is to reject the eight (8) sleeping rooms. Chairman Bradshaw confirmed that staff will return in the future with cost estimates for a temporary parking lot and refueling station. Supervisor Wright moved that the construction contract be awarded to A. R. Chesson Construction in the base bid amount of $2,993,000; that the following Resolution to Award a Contract for Construction of a New Smithfield Volunteer Fire Station be adopted; and that the Director of Budget and Finance be authorized to issue a notice to proceed: RESOLUTION TO AWARD A CONTRACT FOR CONSTRUCTION OF A NEW SMITHFIELD VOLUNTEER FIRE STATION WHEREAS, THE 2007/08 2008/09 Capital budgets includes $5,008,000 for construction of a new Smithfield Volunteer Fire Station and, WHEREAS, bids have been solicited, received, and an apparent low bid identified in the amount of $ 3,259,558 and; 13 WHEREAS, additional costs of fully occupying the new station (approximately $807,000) are less than remaining funds available; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that, a contract may be entered into between the County and the low bidder to include the following scope. The Base Bid $2,993,000 Additive Alternate #2 Temporary Parking 56,458 Additive Alternate #3, Fueling Station 6,100 Additive Alternate #6, 8 sleeping rooms 204,000 Total contract $ 3,259,558 The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. County Administrator Caskey, pursuant to the direction of the Board at its January 21, 2010 meeting, presented a Resolution to Appropriate Funds to Pay an Increased Assessment for the Western Tidewater Regional Jail to address the increase in the County's share of Jail funding. Supervisor Wright moved that the following Resolution to Appropriate Funds to Pay an Increased Assessment for the Western Tidewater Regional Jail be adopted: RESOLUTION TO APPROPRIATE FUNDS TO PAY AN INCREASED ASSESSMENT FOR THE WESTERN TIDEWATER REGIONAL JAIL WHEREAS, The Western Tidewater Regional Jail has reported the likelihood of a significant operating loss for fiscal year 2010 and; WHEREAS, The Board of Supervisors of the County of Isle of Wight, Virginia has been asked by the Jail to increase its contribution to the Regional Jail by a total of $87,209. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighty seven thousand, two hundred and nine dollars ($87,209) be appropriated from the Unappropriated Fund Balance of the General Fund to the FY- 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia and; 14 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, responsive to the Board's direction at its February 18, 2010 meeting, presented a Resolution to Appropriate Funds to Support Community Help in Progress (CHIP). Supervisor Hall moved that the Board adopt the following Resolution to Appropriate Funds to Support Community Help in Progress (CHIP): RESOLUTION TO APPROPRIATE FUNDS TO SUPPORT COMMUNITY HELP IN PROGRESS (CHIP) WHEREAS, The Community Help in Progress (CHIP) organization has requested support in the amount of $4,082 and; WHEREAS, The Board of Supervisors desires to provide such funding. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Four Thousand and eighty -two dollars ($4,082) be appropriated from the Unappropriated Fund Balance of the General Fund to the FY- 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia 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 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 requested the Board's consideration of an appointment of an Alternate Ex- officio representative to the Southeastern Public Service Authority (SPSA) Board of Directors. He noted that he currently serves as the Board's appointed Ex- officio. Supervisor Wright moved that Assistant County Attorney Popovich be appointed as the Alternate Ex- officio representative on the SPSA Board of Directors. 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. 15 Donald T. Robertson, Director of Information Services and Legislative Affairs, responsive to the Board's direction at its February 18, 2010 meeting, advised that staff has moved forward with the preparation of a grant application for funding via the Hazard Mitigation Grant Program for the acquisition or elevation of previously impacted residential property. He advised that staff was unsuccessful in getting funding to mitigate the properties identified in the Pre - Application, however, K. W. Poore and Associates, Inc. has been successful in securing funding for mitigation projects. He inquired if the Board wished to utilize the services of K. W. Poore and Associates, Inc., noting that any associated costs can be reimbursed through the grant if the application process is successful. Chairman Bradshaw moved that the County Administrator be authorized to execute the agreement with K. W. Poore and Associates, Inc. to secure funding for mitigation projects associated with the acquisition or elevation of previously impacted residential properties, upon approval of the County Attorney. 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. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised the Board that the Blackwater River Scenic River designation is awaiting the Governor's signature; that SB19, Solid Waste Disposal Fee, was tabled in CC &T; that HB57, elimination of the BPOL tax was continued to the 2011 session; and that HB570, burden of proof on assessments was referred to Finance. He further advised that budget conferees named including S. Chris Jones (Suffolk) with Delegates Putney, Cox, M.K., Sherwood, Landes, Jones and Joannou and Senators Colgan, Houck, Howell, Saslaw, Stosch and Wampler. He advised that HB 111, delay regulations regarding schools accreditation will be decided by a Conference Committee and HB1189, modification of VRS benefits for new employees will be decided by a Conference Committee. // Chairman Bradshaw called for Appointments. Supervisor Hall moved that Terry Cuthriell be appointed to serve on the Refuse and Recycling Committee representing the Hardy District. 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 recess. 16 // Chairman Bradshaw called for Old Business. Resolution to Provide Funding for a Replacement Heavy Rescue Vehicle for the Smithfield Volunteer Fire Department. Supervisor Clark moved that the following Resolution to Provide Funding for a Replacement Heavy Rescue Vehicle for the Smithfield Volunteer Fire Department be adopted: RESOLUTION TO PROVIDE 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 Smithfield Volunteer Fire Department has obtained external funding from the community such that the County's total contribution for a new Heavy Rescue Vehicle would now total $397,209. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the Board's action on January 21, 2010 to defer purchase of a Heavy Rescue Vehicle is rescinded and; BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to become a party to a capital lease agreement to acquire a Heavy Rescue Vehicle for the Smithfield Volunteer Fire Department and; BE IT FURTHER RESOLVED that such an agreement shall not expose the County to annual lease payments exceeding $56,744.21 per year for more than seven (7) years and; BE IT FURTHER RESOLVED that the County's Capital Improvement Plan for fiscal years 2010 through 2017 be modified to reflect these payments. 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. Diane Jones, Emergency Communications Manager, responsive to the Board's permission at its January 21, 2010 meeting, advised that staff has proceeded to solicit bids to replace the E -911 equipment which has now 17 become obsolete. She advised that the Virginia Wireless Services Board offers a grant in the amount of $150,000, however, the equipment replacement is expected to cost substantially more and she was directed to solicit support from the Towns of Windsor and Smithfield as the Emergency Communications Center Memorandum of Understanding obligates those entities to provide a portion of funding for the Emergency Communications Center. She advised that the Town of Windsor has indicated that they will not obligate support without knowing exactly how much money they are promising, which will not be known until the bids are received. She advised that the Town of Smithfield has indicated its support, with a condition that any funds remaining in the Emergency Communications Center "rainy day" (Capital Reserve) fund be applied prior to the Towns being asked to contribute to the project. Supervisor Clark moved that the Budget and Finance Director be authorized to solicit bids for replacement of the E -911 equipment. 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 inquired if County Administrator Caskey had received a response from the School Board regarding the Board's request for verification from the School Board that it had authorized a request to the County for carryover of the remaining budget for FY2009 funds. County Administrator Caskey responded that he had spoken with Dr. McPherson, but no information has been received to date. Regarding Sheriff Phelps' briefing on his FY2010 -11 budget, Chairman Bradshaw recommended that the Board's Law Enforcement Committee (Supervisors Clark and Wright) meet with Sheriff Phelps to discuss the amount of funding needed to ensure that the Sheriff's office maintains its current level of service and return to the Board at one of its April 2010 meetings with a recommendation. Supervisor Clark moved that the Sheriff be authorized to fill a part-time position in his office with funds from his current budget and no additional funding from the County. 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 moved that staff be directed to schedule a joint meeting between the Board and Planning Commission in the early part of May 2010 to share with the Board insights gained with respect to innovative 18 ways to encourage development. 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 Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.3 of the Freedom of Information Act concerning consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Windsor District; pursuant to Section 2.1- 3711.A.1 for discussion of a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to an election district; pursuant to Section 2.1- 3711.A.3 concerning consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Newport District; and, pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Hardy and Newport Districts. Supervisor Clark moved that the Board go into closed meeting for the reasons stated by Interim County Attorney Burton. 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 Board return to open session. 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 Wright moved that the Board adopt the following Resolution: CERTIFICATION QF 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, (1) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification 19 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 County Administrator Caskey advised the Board that he and staff will be providing a briefing on the operation of the County to 32 Chinese citizens who will be visiting the County on March 15, 2010. /I At 9:55 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. . ip A. Bradshaw, Chairman _OA ',I. 1I 1 ' ..[rl grey ills Storm, Clerk 20