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10-18-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF OCTOBER 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 LuAnn Delosreyes, Deputy Clerk /1 I/ II // Chairman Bradshaw called the meeting to order at 5:00 p.m. Supervisor Casteen delivered the invocation. The Pledge of Allegiance was conducted. Chairman Bradshaw called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the Consent Agenda, remove the American Recovery and Reinvestment Act Project update; under General Services, add an American Recovery and Reinvestment Act Project update; under the County Administrator's report, add the Courts Building amendments, Mosley Architects Amendment #6 and Powell Management Amendment #2; and, under the County Attorney's report, add six (6) closed meeting items. Supervisor Wright moved that the agenda be adopted, 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 a dog that is currently available for adoption at the County's animal shelter. 1 Dr. Paul Conco, President, Paul D. Camp Community College (PDCCC), briefed the Board regarding PDCCC's mission, which is to provide diverse learning opportunities to enhance the quality of life for students and the community. He stated that PDCCC's campuses are located in the City of Franklin and the Counties of Isle of Wight and Southampton. Darlene Keyt, Fair Coordinator, formally introduced the following members of the Isle of Wight County Fair Committee which were instrumental in the success of the 2010 Fair: Mike Stevens, Vice - Chairman/Food and Sponsorship Chairman; Stan Mural, Interim Vice - Chairman/Entertainment Chairman; Debbie Brazwell, Treasurer and Budget and Finance; Mark Edwards, 4 -H Chairman; Ernest Powell, Admissions Chairman; Danny Byrum, Ag Chairman; Judy Hash, Arts and Crafts Co- Chair person; Mike Perry, Commercial Non - Profit Chairman; Albert Burckard, Communications Chair and Marketing Co- Chair; Micky Stallings, Logistics Chair; Alan Brown, Mid -way Chairman; Charles Pond, Sponsorship Co- Chairman; Donna and Robby Claud, Talent Show Co- Chairs; and, Sharon O'Berry, Secretary and Arts and Crafts Co -Chair person. Those not present, but recognized, were: David Sawyer, Chairman; Holly Leaman and Lisa Martin, Heritage Tent Co- Chairs; Tim Bradshaw, Marketing Co- Chair; Rhonda Dempsko, Family Stage Chairman and Pageant Chair person; Sherry Clark, Livestock Chair; and, Mike Russell, Special Programs Chairman. Mike Stevens, Vice- Chairman, thanked those responsible for the success of the 2010 Fair. Mark W. Furlo, Director of Parks and Recreation, advised that there will be a BBQ cook off in partnership with Smithfield Packing and the Tourism Department on November 5 -6, 2010 at the Fairgrounds. Dr. Michael W. McPherson, Superintendent of Isle of Wight County Public Schools, responsive to direction to him by the School Board, requested carryover funding in the amount of $1,059,830.65 to liquidate outstanding purchase orders. Supervisor Clark moved that staff be directed to prepare a resolution for encumbered funds in the amount of $1,059,830.65 for the Board's consideration at its November 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. Dr. McPherson further requested FY2010 carryover of unspent funds totaling $1,006,487 for the following: Maintenance in the amount of $350,000; transportation in the amount of $150,000; and facilities in the amount of $506,487. 2 Supervisor Clark requested Dr. McPherson to provide the Board with a list depicting all expenses associated with the requested $1,006,487. Supervisor Hall moved that staff be directed to meet with School Administration staff and return to the Board at its November 18, 2010 meeting with additional information and a recommendation to include an appropriate resolution. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Casteen, Hall and Wright voting in favor of the motion and Supervisor Clark voting against the motion. Connie Rhodes, Executive Director, Chamber of Commerce, formally introduced Carol Jordan, owner of the Sesroh Tack Shop in Smithfield, as the featured business owner under the Small Business Close -Up segment of the agenda. Dean Lynch, Virginia Association of Counties, presented the Board with a VACo Achievement Award for the County's "Isle Be Green Plastic Bag Recycling Program." County Administrator Caskey formally introduced Judy Lee, Human Resources Director for the County and the Schools, to the Board. 1/ Chairman Bradshaw called for consideration of the Consent Agenda. A. VML/VACo Presentation on Local Government Finances B. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 7 C. 2011 Special Events in Historic Resources Division D. Quarterly Report/Economic Development E. American Recovery and Reinvestment Act Project Update (Removed and revised report submitted under the General Services Report) F. Recyc Systems, Inc. Biosolids Status Report G. June 17, 2010 Regular Meeting Minutes H. Litter Pick Up I. Delinquent Real Estate Tax Collection Monthly Report 3 1/ J. August 11, 2010 Joint Meeting Minutes K. August 18, 2010 Regular Meeting Minutes Noting that Item (E) had been removed under Approval of the Agenda, Supervisor Clark moved that Item (G), the June 17, 2010 Regular Meeting Minutes, be removed and that the remaining items on the Consent Agenda be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen commented that the June 17, 2010 regular meeting minutes reflect a (4 -1) vote with Supervisor Clark voting in opposition to the motion pertaining to the Appropriation Ordinance for Fiscal Year July 1, 2010 through June 30, 2011, although the motion was stated by the Chairman at that meeting to have passed unanimously. He stated that the Board had directed the Clerk, at its August 19, 2010 meeting, to discuss that vote with Supervisor Clark and return the minutes to the Board, for its further consideration. He advised that the vote has not been changed and is back for the Board's consideration. Supervisor Clark moved that the June 17, 2010 regular meeting minutes be adopted. 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. Chairman Bradshaw called for Regional Reports. Supervisor Hall reported that the Chamber of Commerce will be conducting a joint meeting with the Southampton/Franklin Chamber of Commerce on Thursday, October 21, 2010 at 11:30 p.m. at the Surry Power Plant. She invited all interested parties to attend. Chairman Bradshaw distributed information pertaining to the third crossing which had been discussed at the most recent meeting of the Southside Mayors and Chairs. Supervisor Casteen reported that the new Western Tidewater Regional Jail Superintendent had been in attendance at the Authority's most recent meeting. Supervisor Wright reported that only routine business had been discussed at the most recent meeting of the Western Tidewater Water Authority. 4 Supervisor Wright reported that a proposed rail station in the Town of Windsor had been discussed at the most recent meeting of the Windsor Intergovernmental Relation Committee. Chairman Bradshaw reported on an intergovernmental meeting with the City of Franklin and Southampton County concerning waste management. He advised that the Southampton County Administrator will be bringing additional information at a meeting scheduled for next month. Chairman Bradshaw reported that wastewater, waste treatment, solid waste treatment and economic development issues had been discussed at an intergovernmental meeting. He advised that there is Little information available at this time for citizens who might be impacted by the Navy utilizing the Franklin Airport. Mr. Robertson advised that staff is presently coordinating a meeting with Navy officials to discuss the details of the proposal, to include the Navy's intent for the use of the Franklin Airport facility and how the surrounding community might be impacted. Chairman Bradshaw reported that the County's Interim Budget and Finance Director had provided a preliminary financial update with respect to fund balance, both designated and undesignated, at the most recent meeting of the Finance Committee. 11 Chairman Bradshaw called for Transportation Matters. Eddie P. Wrightson, Director of General Services, advised that on September 1, 2010, Chairman Bradshaw had requested the Virginia Department of Transportation (VDOT) District Administrator, Dennis Heuer, to designate a VDOT representative to attend Board meetings on a quarterly basis. He advised that Mr. Heuer had replied to Chairman Bradshaw on September 9, 2010 that selected staff members "will address technical based issues when those issues or topics require detailed technical explanations from the subject matter expert." He advised that on a trial basis, Mr. Heuer has agreed to send a representative quarterly provided the County submits at least ten (10) days in advance a detailed agenda outlining the specific issues to be addressed. Chairman Bradshaw moved that VDOT staff be requested to provide the Board, at its November 18, 2010 meeting, a financial report listing all projects for the last six (6) years, to include the current status, the amount budgeted for and the amount spent. 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. 5 Supervisor Wright moved that VDOT staff be requested to provide a report from Mr. Heuer regarding the status on Route 460 in Windsor with respect to the failing pavement at the United States Post Office and the turning lane signal signs. 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 VDOT staff be requested to attend the Board's November 18, 2010 meeting to provide an update concerning road paving/road maintenance throughout the County, to include maintenance of ditches and grass cutting. 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. Il 11 II Chairman Bradshaw called for Citizens Comments. There were no citizens comments offered. Chairman Bradshaw called for Board comments. There were no Board comments offered. Chairman Bradshaw called for the County Attorney's report. Interim County Attorney Burton presented a Professional Services Agreement between Land Studio, P.C. and the County for engineering services related to the pedestrian bicycle paths for Windsor Middle School and Westside Elementary School. He recommended that the Chairman be authorized to execute the Agreement on behalf of the Board and that there is an appropriation resolution contained in the General Services report later in the agenda for the Board's consideration. Supervisor Wright moved that the Chairman be authorized to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a temporary license to use real property between Steve Thomas and the County to allow Mr. Thomas, his immediate family and two (2) guests to hunt on County -owned property on Burdette Road for the Board's consideration. 6 Supervisor Wright expressed concern with the amount and type of insurance to be required, as well as the County's liability. Chairman Bradshaw moved that the matter be referred to Supervisor Wright and Interim County Attorney Burton and that they work with the citizen regarding the agreement and return to the Board with a recommendation. 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 has seven (7) items to discuss with the Board later during the closed meeting. 1l Chairman Bradshaw called for the Community Development report. Beverly H. Walkup, Director of Planning and Zoning, presented the following application: Thomas B. Mayes and Mildred L. Mayes, owners, for a waiver to Section 5.11.2 of the Isle of Wight County Subdivision Ordinance to allow the separation of tax map parcel 42- 01 -007B into two (2) new parcels, zoned Conditional - Industrial Limited (C -LI), which will not have public road frontage. Supervisor Wright moved that the waiver to Section 5.11.2 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. Ms. Walkup presented the following application which was originally presented to the Board at its August 18, 2010 meeting and postponed until pending litigation with the applicant has been concluded: The application of Eagle Harbor Apartments -II, LP, to amend proffered conditions of approximately 19.96 acres of land located on the northwest side of Carrollton Boulevard in the Newport Election District. Ms. Walkup advised that a Motion of Nonsuit and executed Order has been filed in the Isle of Wight County Circuit Court withdrawing the lawsuit. She advised that Section 15.2 -2302 of the Code of Virginia, as amended, and Section 1016(e) of the Isle of Wight County Zoning Ordinance, allows the Board of Supervisors to waive the requirement of a public hearing where an amendment to the proffered conditions is being requested by the profferor 7 and provided that the amendment does not affect the conditions of use and density. Supervisor Clark moved that the Board waive the statutory public hearing requirement by the Planning Commission and set the matter for public hearing before the Board of Supervisors at its meeting of November 18, 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. Jamie Oliver, Long Range Planner, presented the Zuni/Route 460 Corridor Master Plan proposal to the Board. Supervisor Wright moved that the public process outlined in the document attached in the Board Report kick off in January 2011. 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. 11 11 Chairman Bradshaw declared a recess. Chairman Bradshaw called for the General Services report. Eddie P. Wrightson, Director of General Services, presented a generator lease renewal for the Carrsville Volunteer Fire Department for the Board's consideration. He advised that the County had entered into a Master Equipment Lease and Service Agreement in March 2007 with Tidewater Energy Services (TES) for the installation and maintenance of certain emergency power equipment to ensure the delivery of more effective services in the event of an emergency. He stated that the Lease and Service Agreement is set up to replace generators on a ten (10) year cycle to ensure reliability of service. He stated that TES monitors, maintains and repairs the generators as a condition of the agreement. He stated that when the Agreement was entered into, several existing County generators were also incorporated into the Lease program, including the 125kw generator located at the Carrsville Volunteer Fire Department (CVFD). He stated that the CVFD generator was manufactured in 2000 and the lease will expire on December 31, 2010. He stated that the generator will be replaced and there is a new "Schedule A" and he is requesting authorization for the County Administrator to execute the revised "Schedule A" for the generator replacement. Responsive to Supervisor Clark's concern about cost, Supervisor Wright recalled that the reason behind the need for generator leases is 8 because during a past hurricane, there had been an individual who stayed at one (1) of the shelters that had medical equipment which could not be run by the existing generator and that both schools had been upgraded with larger generators as a result. He stated that while the cost of the generators may seem high, if the County had purchased its own generators, it would require six (6) to eight (8) individuals to monitor and maintain them. Supervisor Casteen expressed concern with a proposed 26% increase, noting that the County is currently paying $380,000 annually and may be paying $500,000 before too much longer. He suggested that the matter be referred to the Building and Grounds Committee for an investigation of other possible alternatives. Chairman Bradshaw moved that County Administrator Caskey be authorized to execute the Equipment and Service Agreement Schedule "A" associated with the Carrsville Volunteer Fire Department generator replacement. 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 issue of generators and maintenance be studied by EMS staff and the Fire and Rescue Association and referred to the Building and Grounds Committee for review and suggestions back to 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. Mr. Wrightson presented an operations and preventative maintenance plan for the Young Laine Courts Building that is scheduled to open during the first week of November 2010 and will be the County's only "green" building. He advised that the following five (5) step plan has been developed to operate and maintain the building: A. Reclassify a vacant Maintenance Worker II position in General Services to create a Buildings Operations Technician position that would be responsible for the above noted building's operations. This position would be responsible for environmental, mechanical and control system monitoring and operations, PM scheduling, and performance and equipment records management. The position will require a person with exceptional computer skills and experience with the operation and maintenance of building's major system components. B. Fill a vacant Information Services Specialist (ISS) position in the Information Technology (IT) Department that is budgeted in the current year at $37,000. The ISS will be responsible for the operation of the new technology in the YLCB, including the new voice over internet protocol (VOIP) phone system, the electronic 9 security system that includes access card readers, cameras and recorders. C. PM contracts will be used during the first year's occupancy of the YLCB for the major system components. The initial one (1) year contract period will be a training and evaluation period for County staff and the Building's Operations Technician to determine the future contract needs. At this time, it is anticipated that the contract coverage could be scaled back after the first year. The first year PM contracts for the YLCB are estimated at $15,000. D. Custodial Services will be provided by two (2) part-time General Service's custodians that were approved in the FY 2011 Operating Budget. These positions were funded at thirty (30) hours per week and will be assisted by existing custodial staff as needed. Staff has inquired as to the cost to "contract out" those services; however, the above option is the most cost effective alternative. E. Implement the attached Integrated Pest Management and Green Housekeeping Plans. Chairman Bradshaw moved that the Building and Grounds Committee be requested to review the sketch of the buildings to be vacated and their intended future use and that staff and the Building and Grounds Committee provide a presentation on the buildings and floor plans to 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 Casteen moved that County Administrator Caskey be authorized to take all necessary and required actions to implement the "Operation and Maintenance Plan" in substantial conformance with the Board Report contained in 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. Mr. Wrightson advised that the General Services /Solid Waste Division has traditionally provided quarterly informational sessions /training for convenience center attendants. He advised that in order to accommodate all twenty -five (25) attendants, the training has typically been provided on two (2) separate days in two (2) hour segments that allow the convenience centers to maintain normal operating hours. He stated due to the expansion of solid waste services and constant varying in training needs, staff is proposing "all attendants" quarterly meetings be held in order to afford the opportunity to pass consistent operational information and ensure an "across the board" operational procedural standard for all County convenience centers. He recommended that the first meeting be held on Thursday, November 18 from 7:00 a.m. — 9:00 a.m., which will focus on the implementation of the 10 County's new Single- Stream Recycling Program and the County Attendant Handbook currently under development. He stated that although all eight (8) convenience centers will need to open (2) hours later than normal, Thursday was strategically chosen due to a "traffic flow study" showing this day to be the slowest day of the week; thereby, minimizing the impact on citizens. He advised that appropriate signage would be posted advising customers of the delayed opening at each center. Supervisor Clark moved that staff be authorized to operate a two (2) hour delay in opening the County's convenience centers once a quarter for the purpose of staff training. 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 a revised Board Report entitled "American Recovery and Reinvestment Act Project Update" was distributed to the Board members prior to the meeting tonight. He advised that on November 23, 2009, the Governor certified six (6) projects in the County to receive American Recovery and Reinvestment Act (ARRA) funding. He advised that the County's total allocation was $826,646 and staff expects all contracts to be awarded by October 30, 2010. He advised that the status of the projects are as follows: 1. Extended left turn lane on Route 17 at Kings Cove Way: County staff designed and will administer the contract for construction. The first bid process failed to elicit responsible bids, thereby requiring staff to re- advertise the project for bids. The winning bid came in below the project estimate. Construction is expected to commence before October 30, 2010. 2. Repaving on Route 58 /Carrsville: The Virginia Department of Transportation (VDOT) is administering this project and the winning bid came in below the project estimate. The contract was awarded to BP Smart Construction and is scheduled for completion before December 2010. 3. New sidewalks in Windsor: The Town of Windsor staff hired an engineer to design the sidewalks and prepare a construction estimate. The project was bid and prices came in above the engineer's estimate and above the original project allocation. In order to save the project and avoid having to relinquish ARRA funds, General Services' staff worked with VDOT to reallocate a portion of excess allocations from Route 17 turn -lane project and Route 58 paving to completely fund this project. County staff re- advertised the 11 project and Bissette Construction was awarded the work. Town staff will administer the project. 4. Traffic signal battery back -up in Windsor: The purchase and installation price for the battery backup project came in below the estimate. Installation of equipment at Route 603 /and Route 610 provides battery power for 8 to 12 hours, if needed. VDOT administered the project. 5. Feasibility study /preliminary engineering for sidewalks to Windsor Middle School: General Services' staff worked with VDOT to reallocate excess funds from both Route 17 and Route 58 projects to expand the scope of this project to include Westside Elementary School. Both Windsor Middle and Westside Elementary are the County's most likely candidates to receive future federal grant funding to build sidewalks because of their proximity to residential neighborhoods. Land Studio was selected to perform the feasibility study /preliminary engineering. County staff will administer the project. 6. South Church Street Improvements, Smithfield: ARRA allocation for this project was applied in its entirety toward a qualified, ongoing project. Town of Smithfield staff expects to award the contract prior to October 30, 2010, and will administer the project. Mr. Wrightson requested that the Board approve a Resolution to Appropriate Funds from the Unappropriated Fund Balance to be Reimbursed by the Virginia Department of Transportation for County- Administered American Recovery and Reinvestment Act Projects Approved by the Governor to Receive Economic Stimulus Funds. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE THAT WILL BE REIMBURSED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR COUNTY - ADMINISTERED AMERICAN RECOVERY AND REINVESTMENT ACT PROJECTS APPROVED BY THE GOVERNOR TO RECEIVE ECONOMIC STIMULUS FUNDS WHEREAS, on November 23, 2009, the Governor certified six (6) projects in Isle of Wight County to receive American Recovery and Reinvestment Act (ARRA) funding; and 12 WHEREAS, County staff will administer two (2) of those contracts, totaling $169,607.00, paying invoices and submitting them for reimbursement to the Virginia Department of Transportation; and WHEREAS, funds must be appropriated to the FY 2010 -11 General Operating and Capital Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight authorizes funding in the amount of one hundred sixty -nine thousand six - hundred and seven dollars ($169,607.00) be appropriated from the Unappropriated Fund Balance to the appropriate line item in the FY 2010 -11 General Operating and Capital Budgets of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments 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. II Chairman Bradshaw called for the Economic Development report. County Administrator Caskey advised that due to the absence the Director of Economic Development, the update on International Paper and the overview of the Shirley T. Holland Intermodal Park Project are being referred to the Board's November 18, 2010 meeting. Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented a Resolution to Appropriate Funds from the PACE Designated Fund Balance to Purchase Development Rights for the Board's consideration. Supervisor Wright moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE PACE DESIGNATED FUND BALANCE TO PURCHASE DEVELOPMENT RIGHTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") have executed a program to purchase the development rights on selected agricultural property; and, WHEREAS, the County has successfully negotiated the purchase of development rights from the Jones and Thacker families for certain agricultural properties in Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that funding in the amount of $140,000 (one hundred forty thousand dollars) is appropriated from the PACE Designated Fund Balance to allow for an installment payment for the purchase of development rights. 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. Mr. Robertson presented a Resolution to Appropriate Funds from the PACE Designated Fund Balance for Administrative Payments Associated with the PACE Program for the Board's consideration. Supervisor Casteen moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE PACE DESIGNATED FUND BALANCE FOR ADMINISTRATIVE PAYMENTS ASSOCIATED WITH THE PACE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") have executed a program to purchase the development rights on selected agricultural property; and, WHEREAS, the purchase of development rights necessitates the purchase of title insurance policies and other administrative payments anticipated during FY2010 -2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that funding in the amount of $13,000 (thirteen thousand dollars) is appropriated from the PACE Designated Fund Balance to allow for purchase of title insurance policies and other administrative payments. 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. 14 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. 11 Chairman Bradshaw called for the County Administrator's report. Diane Jones, Emergency Communications Manager, advised that the Emergency Communications Center currently has two (2) vacant positions out of an approved sixteen (16) full -time dispatchers. She advised that the mission of the Center would be impacted if the Center continues to operate below approved staffing levels. She advised that the last two (2) full -time positions opened were filled promoting part-time personnel who were already trained to full -time status. She advised that this has resulted in a deficiency in part-time staff used to cover sick, vacation and holiday time and has also depleted that Department's reserve of trained personnel who can step up into full -time vacancies. She advised that these part -time positions will reach ninety (90) days' vacancy in mid - October and mid - November. Supervisor Casteen moved to authorize the hiring of one (1) full -time dispatcher to fill one (1) of the two (2) vacant positions in the Emergency Communications center and to authorize the hiring of two (2) part -time dispatchers to replace those recently promoted to full -time status, with one (1) to begin training November 1, 2010 and the other to begin training November 16, 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. County Administrator Caskey presented a recommendation that Chairman Bradshaw be nominated to serve on the Virginia Association of Counties Group Self-Insurance Risk Pool (VACORP) Supervisory Board for a three (3) year term which will expire December 31, 2013. Supervisor Wright moved that Chairman Bradshaw be nominated to serve on the Virginia Association of Counties Group Self- Insurance Risk Pool Supervisory Board for a three (3) year term expiring December 31, 2013. 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. Robertson presented the County's proposed 2011 Legislative Priority List for the Board's consideration. Supervisor Wright moved that the 2011 Legislative Priority List be adopted as presented for consideration by the Virginia General Assembly. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, 15 Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey advised that the Board's retreat has been set for November 19, 2010 from 2:30 p.m. until 9:00 p.m. He requested the Board to advise staff where it would like to hold its retreat. Supervisor Casteen moved that staff be directed to make the necessary reservations for the Board's Strategic Planning Retreat to be held at the Smithfield Station Conference Room in Smithfield. 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 presented a Resolution to Authorize Moseley Architects Amendment Number 6 and Powell Management Amendment Number 2 to the Young -Laine Courts Building Contract (Added under Approval of the Agenda) for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE MOSELEY ARCHITECTS AMENDMENT NUMBER 6 AND POWELL MANAGEMENT AMENDMENT NUMBER 2 TO THE YOUNG -LAINE COURTS BUILDING CONTRACT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") have entered into contracts with Moseley Architects and Powell Management for services related to the construction of a new Courts building and, WHEREAS, the contractor has experienced delays such that extending the contract completion date is necessary, and; WHEREAS, additional services will be required of Moseley Architects and Powell Management related to the four (4) months of construction delays, and; WHEREAS, the proposed changes have been reviewed by, and are recommended both by staff and by the County's Construction Manager (Powell Management Associates). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the County Administrator is authorized to approve contract amendments resulting in an increase to the total contract costs in the amount of sixty -six thousand five hundred dollars ($66,500). 16 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. 11 1 1 // 11 Chairman Bradshaw called for Appointments. Supervisor Clark moved that Jeffery C. Trimble be appointed to fill the unexpired term of Don Hill on the Community Criminal Justice 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 Wright moved that Donald T. Robertson be appointed to serve on the Western Tidewater Community Services 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. Chairman Bradshaw called for Old Business. There was no old business offered for discussion by the Board. Chairman Bradshaw called for New Business. There was no new business offered for discussion by the Board. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to abuse of the contract/RFP process by other jurisdictions; pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to an economic development project; pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific intermodal park in Windsor Magisterial District; pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific business in the Carrsville Magisterial District; pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice 17 pertaining to an annexation agreement with the City of Franklin; pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Carrollton Volunteer Fire Department; pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to a wastewater agreement with the City of Franklin; pursuant to Section 2.2- 3711.A.1 of the Code of Virginia regarding a personnel item; pursuant to Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Industrial Development Authority; and, pursuant to Section 2.2- 3711.A.1 of the Code of Virginia regarding a personnel matter pertaining to a specific public official. Supervisor Wright moved that the Board enter the closed meeting for the reasons stated. 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 Casteen moved that the Board return to open session. 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 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 There was no action taken following the closed meeting. 11 At 9:00 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. l9 P ip A. Bradshaw, Chairman