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02-17-2011 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND ELEVEN PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice - Chairman Al Casteen JoAnn W. Hall Kenneth M. Bunch (Arrived at 5:15 p.m.) Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Chairman Wright called the meeting to order at 5:00 p.m. Supervisor Hall delivered the invocation. The Pledge of Allegiance was conducted. Chairman Wright called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under Special Presentations, remove the Crime Prevention Committee Presentation; under the Community Development Report, add an Application of a grant from the Virginia Department of Conversation and Recreation (DCR) to provide septic tank pump -out assistance to low and moderate income (LMI) households in the Chesapeake Bay region of Isle of Wight County; under the County Attorney's Report, add the proposed sale agreement for four (4) parcels of the Sentara property to the Town of Smithfield; under the County Attorney's Report, add an agreement to allow the Town of Smithfield permission to enter and have possession of the Sentara property before closing; under the County Attorney's Report, add authorization for a public hearing at the March 3, 2011 meeting for the sale of four (4) parcels of the Sentara property to the Town of Smithfield; and, under the County Attorney's Report, add four (4) closed meeting items. Supervisor Clark moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4 -0) with Supervisors Casteen, Clark, Hall and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bunch absent for the vote. 1 Chairman Wright called for Special Presentations /Appearances. Chief Sullivan displayed a dog that is currently available for adoption at the County's animal shelter. Phillip A. Bradshaw, a former Board of Supervisors' member, was formally presented a resolution recognizing his contributions which was adopted by the Board at its January 6, 2011 meeting. The following County employees were previously presented awards for their respective years of service and were duly recognized by the Board: Sandra W. Robinson for thirty -five (35) years of service; Beverly H. Walkup and Melinda J. Goodwyn for twenty -five (25) years of service; Donald T. Robertson, Grizzelle Joyner and William Wagner, III for twenty (20) years of service; Jeffrey A. Storm, Myrteen G. Wrenn and, Marion G. Cook for fifteen (15) years of service; Faye J. Drewery, Manual Gonzalez, Anthony D. Davis, William F. Johnston, Gregory L. Parsons, Brian C. Sanzo, Julia S. Simmons, William A. Brady, William S. Oerthman, Benjamin L. Chappell, Amy M. Evans, Carol G. Rhodes, Rosemary U. Arbogast, Thurman L. Battle, Robert B. Watkins, Tony J. Wilson, Bernard Williams and Kevin Taylor for ten (10) years of service; Deborah D. Szymanski, Christopher A. Smith, Susan M. Morgan, Brenda A. Hedgepeth, Anthony M. Blount, Derrick D. Parker, Rajeeb Islam, Connie R. Carter, Wilbur E. Sullivan, Jason E. Gray, Victoria M. Longsdale, Luther Elder, Jr., Hurley J. Simmons, Ashby L. Pope, Michael P. Marshall, Karen E. Vogel, Christy R. Phillips, Gilbert L. Artis, Bennie F. Holliman, Carol F. Jones, Ralph B. Simmons, Gloria B. Spratley, Kathleen S. Torrence, Wilbert L. Artis, Wortley L. Beechboard, Jean E. Turner, Robert A. Barrett, Robert A. Barlow, Kaye B. Hewitt and Keith A. Partain for five (5) years of service. Eric D. Rosser, P.E., Project Engineer for the Department of General Services, was formally introduced and recognized by the Board for passing his Professional Engineers exam. The following Boy Scout troops were recognized for their commitment and service to the County: Boy Scout Troop 180 of Wesley Memorial United Methodist Church in Norfolk; Boy Scout Troop 19 of Miles Memorial United Methodist Church in Norfolk; Boy Scout Troop 30 of Norview United Methodist Church in Norfolk; Scout Troop 628 of Christ the King Catholic Church in Norfolk; and, Powhatan Chapter of Blue Heron Lodge, Order of the Arrow, in Norfolk. Scott Bower, on behalf of Safco Products Company, accepted the following Resolution, which was adopted unanimously (5 -0) by motion of Supervisor Clark: RESOLUTION TO RECOGNIZE SAFCO WHEREAS, Safco Products Company is a leading provider of organization and comfort enhancing products for the workplace; and, WHEREAS, Safco is a corporate resident of the Isle of Wight County with a one of its distribution sites located in the Shirley T. Holland 1 ntermodal Park; and, WHEREAS, Safco donated 81 benches to the Isle of Wight County Department of Parks and Recreation for use in park facilities throughout the community; and, WHEREAS, SAfco has also made significant donations to the Isle of Wight County Public Schools. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Isle of Wight County Board of Supervisors recognizes and expresses its appreciation to Safco Products Company for its generosity and its positive contributions to the quality of life of all Isle of Wight County citizens. Mike Stephens, Isle of Wight County Fair Chairman Elect, was formally introduced to the Board and the 2011-2012 Isle of Wight County Fair Chairman and Fair Committee officers were congratulated. Ted Lawson of Manry Rawls was featured under the Small Business Close-Up segment of the agenda. Miles Diamond, Chairman of the County's Crime Prevention Committee, presented information relative to that Committee's accomplishments, goals and County crime statistics. Supervisor Clark requested staff to place Mr. Diamond's slide presentation on the County's website. Gary Scott, Town of Windsor and Andrei' Gregory, Town of Smithfield, were noted to be in attendance at the meeting. Ed Easter, Chairman, Redistricting Committee for the 2010 Census, briefed the Board on the anticipated schedule of that Committee. Gerald H. Gwaltney, Commissioner of the Revenue, provided an overview of current budget targets; foreclosures; and, Machinery & Tools issues, as well as an FY I 1 forecast with respect to Real Estate, Personal Property and public service. Judy C. Wells, Treasurer, advised that 12,015 late notices for Real Estate and Personal Property have been mailed out, of which 2,500 (or 20%) have been paid. She advised that since the prepay booklets were mailed out for Personal Property and Real Estate in early January 2011, $63,971 in Personal Property pre-payments and $117,671 in Real Estate pre-payments have been collected. She advised that final notices will be mailed on March 18, 2011 with a due date of April 5, 2011. She advised that the County collected $23,712,759.02 in Real Estate levies in 2009-2010 and $14,568,772.50 in Personal Property levies in 2009 for the highest collection rate in the Hampton Roads area. Ms. Wells, in conjunction with Jason Gray, was requested to bring a report back to the Board regarding the feasibility of the County absorbing the credit card fee of 2.7%. 11 Chairman Wright called for consideration of the following Consent Agenda: A. 2011 Isle of Wight County Fair Sponsorship Opportunities B. Donations Received from the Camp Foundation Resolution to Accept and Appropriate Donations from the Camp Foundation of One Thousand Five Hundred Dollars C. Pesticide Container Recycling Program Resolution to Accept and Appropriate One Thousand Eight Hundred Seventy Five Dollars from the Commonwealth of Virginia Department of Agriculture and Consumer Services D. Virginia Tourism Corporation Marketing Leverage Grant Funds Awarded Resolution to Accept and Appropriate Funds from the Virginia Tourism Corporation Marketing Leverage Grant E. Accept and Appropriate V-STOP Grant Funds Resolution to Accept and Appropriate Funds Received from the Commonwealth of Virginia Department of Criminal Justice Services F Matching Funds from the Virginia Department of Agriculture and Consumer Services (VDACS) for Purchase of Development Rights 4 G. Application for Grant Funds — Virginia Department of Emergency Management (VDEM) 2010 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 H. Transfer Funds from the Isle of Wight County School's Food Services Fund Balance to the FY10-11 Food Service Budget Resolution to Authorize the Isle of Wight County Schools to Transfer Funds from the Food Service Fund Balance to the FY10-11 Food Service Budget E. Rescind the Resolution to Reappropriate the Isle of Wight County Schools State Carry Forward Funds Related to Purchase Orders Resolution to Rescind the Resolution to Reappropriate the Isle of Wight County Schools State Carry Forward Funds Related to Purchase Orders J Rescind Schools FY 2009-10 Carryover State Remaining Fund Balances for Unspent Funds Resolution to Rescind the Resolution to Reappropriate the Isle of Wight County Schools State Carry Forward Funds Related to Unspent Funds K. Career Staffing of Carrsville Volunteer Fire Department L. "Request to Administer" Forms and Standard Project Agreements for Upcoming Transportation Projects to be Locally Administered by the County M. Registration Renewal of the Isle of Wight County Trademark or Service Mark Name N. Budget and Finance Committee Meeting 0. Quarterly Report/Economic Development P. Monthly Report: Delinquent Tax Information Q. Fiscal Year 2010-11 Monthly Financial Reports for County and Schools R. Recyc Systems, Inc. Bioso lids Status Report S Wetlands Board 2010 Annual Report T. Study of Tidal Shoreline Management in Virginia: Recommendations for Living Shorelines and Tidal Resources Sustainability U. November 30, 2010 Special Meeting Minutes V. December 17, 2010 Regular Meeting Minutes W. January 6, 2011 Regular Meeting Minutes Supervisor Clark moved that Item (Q), Fiscal Year 2010-11 Monthly Financial Reports for County and Schools, be removed at the request of Supervisor Casteen and that the remaining Consent Agenda items be approved. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (Q), Fiscal Year 2010-11 Monthly Financial Reports for County and Schools, Supervisor Casteen moved that the reports be approved as provided and that the Director of Budget and Finance be directed in the future to add to the monthly financial reports the current balance for the Unappropriated Fund Balance and the Designated Fund Balance. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors V oting against the motion. Chairman Wright called for Regional Reports. Supervisor Clark distributed a document reflecting the mission of the Hampton Roads Transportation Planning Organization and the Hampton Roads Planning District Commission which had been distributed at today's retreat attended by him and County Administrator Caskey. He advised that a report was also provided on the DEQ and EPA regional groundwater policy. Ile stated that the HRPDC is debating whether to delay or litigate the Total Maximum Daily Load requirements from DEQ and the EPA. Supervisor Clark advised that the HRTPO discussed the various transportation improvement plans with the key issue being whether or not to expand the Hampton Roads bridge tunnel, to build a third crossing or build a modified crossing called the Patriots Crossing. He advised that with the exception of the Patriots Crossing, all other options involve tolls on the 6 James River Bridge. He advised that he is advocating the Patriots Crossing for that reason. Regarding the Hampton Roads Military and Federal Facilities Alliance, Supervisor Clark reported that 3,900 Joint Forces Command jobs were retained of the 5,500 total and a high number of those jobs were in the City of Suffolk. Supervisor Casteen reported Tourism's progress to date was reviewed at its last meeting, as well as the budget, which is in conjunction with the Town of Smithfield. Chairman Wright reported that Suffolk Mayor Johnson is the new Chairman of the Mayors and Chairs Caucus. He advised that Mayors and Chairs of municipalities should be attending conferences and the number of staff attending with their Managers should be limited. Supervisor Casteen reported that he is attending Social Services Board meetings and continuing to learn about that organization. W. Douglas Caskey reported that the Southeastern Public Service Authority is continuing to consider methods in which to trim its costs by way of selling surplus assets and taking whatever action necessary to reduce its operating expenditures. Regarding the Western Tidewater Regional Jail Authority, Chairman Wright reported that he, Supervisor Hall and Sheriff Phelps had travelled to Richmond last week with respect to legislation that involves jail cell blocks being built with Federal and local funds. Regarding the joint meeting with the City of Franklin on the Navy's proposal for a Touch and Go Program at the Franklin Airport, Chairman Wright advised that in response to the City of Franklin's request, he had called a special meeting of the Board on Monday, February 14, 2011 at the Paul D. Camp Community College Workforce Development Center in Franklin for the purpose of meeting jointly with the City of Franklin and to receive comments from the public. He advised that no questions had been addressed to the Board and following its adjournment, the Franklin City Counsel had made a motion to reject the Navy's proposal, which had been adopted by a vote of (5-2). 1 Chairman Wright declared a recess until 7:00 p.m., at which time Supervisor Clark moved that the agenda be amended in order to conduct the public hearings. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 7 Chairman Wright called for a public hearing on the following: The application of Bibleway Mission Church, applicant, and Burdett C. Edwards and Hazel C. Edwards, owners, for a Conditional Use Permit to allow for religious assembly (church) on 6.41 acres of land located off the east side of Scott's Factory Road (Rt. 620) approximately .4 mile from the intersection of Courthouse Highway (Rt. 258) in the Hardy Election District. Richard Rudnicki, Planner, presented the application. He advised that the Planning Commission had recommended approval of the application with the following conditions: 1) Development of the site should be generally consistent with the concept plan dated 10-6-2010; 2) the Conditional Use Permit is for religious assembly only; and, 3) the road shall be built to the standards outlined in Section 3.2.4, Item A4 in the Subdivision Ordinance. Chairman Wright called for persons to speak in favor of or in opposition to the proposed application. William Riddick, Attorney, advised that Reverend Parker owns the parcel immediately adjacent to the property under discussion where he intends to build his home. He stated that he intends to leave the vegetative buffer from the highway and the intent is purely for religious assembly. He stated that the application is consistent with the County's Comprehensive Plan and that the applicant is happy to abide by the imposed conditions. Pastor Parker of Bibleway Mission Church stated that the Church has been in Smithfield since 1982 and done many things in the community. He stated there are many members of the church present tonight in favor of the application. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark requested that the Director of Planning and Zoning elaborate on the private access easement. Beverly H. Walkup, Director of Planning and Zoning, advised that there are two (2) other residential lots along the private easement, as well as farmland. She stated that the issue is that it is located off of Route 620 and generally the Board does not approve non-residential uses on a private lane. She stated this is a lot that was previously created and would not have been able to be created for this purpose under the current Subdivision Ordinance. She stated that the Planning Commission has resolved the issues that staff had with the conditions placed on the property to improve the private access for safe entrance. Supervisor Bunch advised that certain utilities will not go in a shared easement with ingress/egress and this may be an obstacle that may need to be overcome. Ms. Walkup replied that should that be the case, additional rights for easement will have to be purchased outside of the roadway. Supervisor Hall moved that the application of Bibleway Mission Church be approved with the following three (3) conditions stipulated by the Planning Commission: 1.) Development of the site should be generally consistent with the CUP site improvements concept plan dated 10/06/2010 as determined during preliminary and final site plan approval; 2.) the CUP is for religious assembly only; 3.) the road shall be built to standard as outlined in Section 3.2.4, Item A.4 under Subdivision Family Member in the Subdivision Ordinance. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the Board revert back to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Transportation Matters. Eddie P. Wrightson, Director of General Services, recommended that the scope of work for the Route 258 improvements (UPC No. 58297) — west oldie Westside Elementary School to Route 620 be reduced. Supervisor Casteen moved that the Chairman be authorized to request the Commonwealth Transportation Board representative to sponsor a reduced scope of work for the Route 258 project (UPC No. 58297) utilizing primary highway funding for right-of-way construction. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson reported that responsive to the finding of $37 million in unobligated RSTP funds by the Hampton Roads Planning District Commission (HRPDC) and the Hampton Roads Transportation Planning Organization (HRTPO), the Technical Transportation Advisory Committee 9 be recommending that $1.4 million be allocated to the County for right- of-way and construction funding in FY2012-13. Mr. Wrightson presented a Resolution of the Board of Supervisors of Isle of Wight County requesting the Virginia Department of Transportation to transfer Revenue Sharing funds from Lawrence Drive to the Revenue Sharing project Broadwater Road for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO TRANSFER REVENUE SHARING FUNDS FROM LAWRENCE DRIVE PROJECT UPC-76196 TO REVENUE SHARING PROJECT BROADWATER ROAD/ ROUTE 6290, UPC 14994 WHEREAS, in Fiscal Years 2004-05, the County of Isle of Wight elected to participate in the Virginia Department of Transportation Revenue Sharing Program for UPC-76196, Lawrence Drive for a total of $489,858 ($244,929 County match and $244,929 State match), and in Fiscal Years 2007-08 for a total of $500,000 ($250,000 County match and $250,000 State match); and WHEREAS, project UPC-76196, Lawrence Drive is complete and there is a balance of funds remaining; and WHEREAS, the County of Isle of Wight would like to transfer remaining funds from project UPC-76196, Lawrence Drive, totaling $721,734 to project UPC 14994, Broadwater Road/ Route 620; and, NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors requests that revenue sharing funds in the amount of 5721,734 ($360,867 county match and $360,867 state match) be transferred from the Lawrence Drive project, UPC-76196 to the Broadwater Road/ Route 620 project, UPC 14994. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson presented a Resolution requesting the Commonwealth Transportation Board to designate Halltown Road, Ballard Road and Poor House Road as Revenue Sharing projects and transfer residual Revenue Sharing funds for the Board's consideration. He distributed an amended resolution and recommended that the Board adopt it in the amended amount ot $995,000. Supervisor Casteen moved that the following Resolution be adopted as amended in the amount of $995,000: 10 A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO DESIGNATE HALLTOWN ROAD/ ROUTE 683 (UPC #1976), BALLARD ROAD/ ROUTE 614 (UPC #9163) AND POOR HOUSE ROAD/ ROUTE 692 (UPC #4707) AS REVENUE SHARING PROJECTS AND TRANSFER RESIDUAL REVENUE SHARING FUNDS WHEREAS, Isle of Wight County elected to participate in the Virginia Department of Transportation Revenue Sharing Program for Rural Rustic Roads in FY 2003 -04 and FY 2005 -06; and WHEREAS, there is residual, matched Revenue Sharing funds in the total amount of amount of $995,564 (State match: $410,779 and $87,003; Count) match: $410,779 and $87,003) allocated to Muddy Cross Drive (UPC 44139): and WHEREAS, that total ($995,564) is available for use on other County projects currently in the secondary six year program (SYIP); and WHEREAS, Halltown Road/ Route 683 (UPC #1976) , Ballard Road/ Route 614 (UPC #9163) and Poor House Road/ Route 692 (UPC #4707) are in the current SYIP as rural rustic paving projects; and WHEREAS, Isle of Wight County requests the transfer of residual funds of $995,564 from Muddy Cross Drive to projects Halltown Road/ Route 683 (UPC#1976), Ballard Road/ Route 614 (UPC #9163) and Poor House Road/ Route 692 (UPC# 4707) in order to advance construction advertisement dates; NOW THEREFORE BE IT RESOLVED, that the Isle of Wight County Board of Supervisors requests that residual Revenue Sharing funds, State and County match, in the total amount of Four Hundred Thousand Dollars ($400,000) be transferred from the completed Muddy Cross Drive (UPC #4139) project to the Halltown Road/ Route 683 (UPC#1976) project; and residual Revenue Sharing funds, State and County match, in the total amount of Five Hundred Thousand Dollars ($500,000) from completed Muddy Cross Drive (UPC #4139) project to Ballard Road/ Route 614 (UPC #9163) project; and residual Revenue Sharing funds, State and County match, in the total amount of Ninety Five Thousand Five Hundred and Sixty Four Dollars ($95,564) from completed Muddy Cross Drive (UPC #4139) to the Poor House Road/ Route 692 (UPC# 4707) project. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson notified the Board that staff has applied for Highway Safety Improvement Funds in the amount of $500,000 to advance a sidewalk 11 project within a mile radius of the Windsor Middle School; connect existing sidewalks in the Town of Windsor; and, provide an alternative mode of transportation for residents in neighboring residential communities. He advised that VDOT anticipates providing a 10% match noting that he would inform the Board upon receipt of the funds. Mr. Wrightson recommended that a project engineer be hired to locally administer future transportation projects. Supervisor Casteen moved that the Director of General Services be authorized to hire a part-time project engineer for 25-30 hours per week at a rate up to $25 per hour. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark made reference to a letter received from Sue Williamson who resides on Reynolds Drive. He requested staff to reiterate to Mr. Lomax that the non-existent shoulder of that roadway presents a safety hazard for motorists. Chairman Wright called for Citizens Comments, No one signed up on the register to speak. Chairman Wright called for comments from the Board. Supervisor Casteen notified the Board that he had attended the recent Isle of Wight Volunteer Rescue Squad Banquet where 64 out of 100 members were awarded for volunteering a minimum of 24 hours each month for 12 consecutive months. He advised that the Smithfield Volunteer Fire Department addressed 545 calls last year and is the first responder for fire in 140 square miles of the 319 square miles that the County is made up of. Supervisor Clark reported that he had conducted research relative to the number of (3-2) votes taken by the Board. He advised that in 2010, the Board took 574 votes, and of those, only 27 were less than unanimous, making 96% of the time that the Board voted unanimously together and only 4% that the Board voted differently on an issue. Chairman Wright called for the County Attorney's report. Interim County Attorney Burton requested authorization to advertise an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 1. General Provisions. Section 1-7. General Penalty for public hearing at the Board's March 3, 2011 meeting. Supervisor Clark moved that the County Attorney's office be authorized to advertise the Ordinance for public hearing at the Board's March 3, 2011 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 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 16. Tylers Beach Boat Harbor. Article 111. Use. Section 16-6. Landing or Dock at the Board's March 3, 2011 meeting. Supervisor Hall moved that the County Attorney's office be authorized to advertise the Ordinance for public hearing at the Board's March 3, 2011 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 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 11.2 Noises at the Board's March 3, 2011 meeting. Supervisor Clark moved that the County Attorney's office be authorized to advertise the Ordinance for public hearing at the Board's March 3, 2011 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization to advertise for public hearing an agricultural lease between the County and Jones Farm, Inc. at the Board's March 3, 2011 meeting. Chairman Wright moved that the County Attorney's office be authorized to advertise the Agricultural Lease for public hearing at the Board's March 3, 2011 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a tax refund to Keith A. & Lily Hanley in the amount of $8,695.96. He advised that by ordinance, any refunds over $2,500 requires the Board's approval. Supervisor Clark moved that Interim County Attorney Burton be authorized to sign the request approving a refund in the amount of $8,695.96. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a tax refund to Raymond Leasing Corporation for the Board's approval. Supervisor Clark moved that the County Attorney be authorized to sign the request approving a refund in the amount of $26,100.02. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested that the Board authorize the Chairman to execute the water system purchase agreement with Central Water Systems, Inc. on behalf of the Board. Supervisor Clark 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 Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested the Chairman be authorized to execute the master customer agreement for Enhanced 911 System/microDATA GIS, Inc. on behalf of the Board. Supervisor Casteen 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 Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Professional Services \A hich he recommended the Board adopt. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR PROFESSIONAL SERVICES WHEREAS, Isle of Wight County has experienced an increased need in obtaining professional services; and, WHEREAS, that increased need has resulted in unanticipated expenses; and, 14 WHEREAS, funds in the amount of eighty-five thousand dollars ($85,000.00) needs to be appropriated from the Unappropriated Fund Balance to the FY2010-11 County Attorney's Budget for Professional Services. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighty-five thousand dollars (S85,000.00) be appropriated from the Unappropriated Fund Balance to the 1 County Attorney's Budget for Professional Services. BE 1T FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to a proposed sale agreement for four (4) parcels of the Sentara property to the Town of Smithfield, Interim County Attorney Burton advised that he would be requesting the Board later in the meeting to authorize a public hearing on March 3, 2011. Interim County Attorney Burton presented an agreement to allow the Town of Smithfield permission to enter and have possession of the Sentara property before closing in order to conduct certain engineering studies. Supervisor Clark moved that the Possession Agreement between the County and the Town of Smithfield be approved in order for the Town of Smithfield to proceed with conducting certain engineering studies on the Sentara property. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization to advertise for public hearing at the Board's March 3, 2011 meeting the sale of four (4) parcels of the Sentara property to the Town of Smithfield. Chairman Wright moved to authorize the County Attorney's office to advertise the matter for public hearing at the Board's March 3, 2011 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, I-hill and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had ten (10) matters to discuss with the Board later in closed meeting. 15 Chairman Wright called for the Community Development report. Matthew Smolnik, Principal Planner, presented for the Board's information proposed amendments to Section 7-1004, General Site Design Standards and Section 8-1008, Landscaping Credits Table of the County's toning Ordinance, as recommended by the Small Business Committee. He requested the Board's feedback relative to enforcement of Section 9-1004, Temporary Signs. Supervisor Clark requested that staff report back to the Board regarding the recommendations of the Small Business Committee and that there be a phase in grace period of 60-90 days. Beverly H. Walkup, Director of Planning and Zoning, requested authorization of a grant in the amount of $5,000 from the Virginia Department of Conversation and Recreation (DCR) to provide septic tank pump-out assistance to low and moderate income (LMI) households in the Chesapeake Bay region of the County. She advised that the maximum assistance provided to each household is $250. She advised that this program is mandated by the State and requires individual septic tanks located within the Chesapeake Bay region in the County to be pumped every five (5) years. She stated that the program was first implemented in the County in 2008 beginning with the Smithfield election district and the program expanded to the Windsor and Carrsville election districts in 2009 and 2010. She stated that the project will expand to the Hardy and Newport election districts in 2011 and 2012. Supervisor Casteen moved that the County Administrator be authorized to execute and submit the application for the DCR Chesapeake Bay Implementation Grant for the 2010-11 round. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for the General Services report. Frank Haltom, Assistant Director of General Services, presented a scope of services and fee schedule by Timmons Group with respect to sanitary sewer system improvements. He stated the cost will not exceed $100,000 and sufficient funds are in the current year Capital Improvements Plan. Supervisor Clark moved that the County Administrator be authorized to execute the Scope of Services and Fee Schedule with Timmons Group. The 16 motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Flail and Wright voting in favor of the motion and no Supervisors oting against the motion. Mr. Haltom advised that staff has determined that the County does meet the requirements set forth by the Environmental Protection Agency (EPA) and the Department of Conservation and Recreation (DCR) with respect to the Chesapeake Bay Total Maximum Daily Load. He further advised that the staff has developed two (2) year milestones, which will be reviewed by the EPA and DCR. Mr. Wrightson advised that the proposed connection fee for the Cannon Acres water system is $750 per connection, of which there are 60 customers. He further advised that the standard connection fee is $4,000 per unit. 1-le stated that there are 11 residents on Cannon Drive that were not on the well system and had their own private wells and staff would like to extend the $750 connection charge to those residents for a period of time in an attempt to get them to connect to County water. Supervisor Clark moved that staff be authorized to notify the existing and potential Cannon Acres customers of the water system sale and the $750 tap fee requirement and further authorize the Treasurer's office to offer tap fee payment options consistent with their policy. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson advised that the County closed on the purchase of the former Sentara building in December of 2010 and staff has been working in conjunction with Health Department staff in order to improve the building for its use. Supervisor Casteen moved that the County Administrator be authorized to enter into a contract with Powell Management to perform an evaluation of the former Sentara building as described in the proposal. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for the County Administrator's report. Supervisor Clark advised that the Carrollton Civic Association desires to have a historic marker at Nike Park and he has agreed to donate the compensation that he receives as Vice-Chairman of the Board in the amount of $1,237 to be used towards the purchase of a historic marker. 17 Supervisor Clark moved that the Board allow $1,237 to be transferred from his compensation as a Vice-Chairman of the Board to be used towards the purchase of an historic marker. The motion was adopted by a vote of (5- 0) with Supervisors Bunch, 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, addressed the Board regarding the proposed plan renewal for County health and dental insurance. He advised that Anthem has provided proposed rates for the corning year beginning on March 1, 2011 based on claims paid out last year which contains an increase in excess of 40%. He advised that responsive to discussions with staff, Anthem has submitted proposed rates with an increase of 30.3%. He advised that the graph contained in the agenda represents the County's annual increases and includes a 9.1 % average increase over the course of time. He noted that in 2007, the County did not have an increase and last year's rate increased by only 1.1%. He stated that the renewal of the Anthem health and dental insurance plan as outlined and proposed would equal approximately $463,000 to the County's benefits line item over the next 12 months. He stated that staff is recommending that the Board adopted the proposed Anthem renewal plan and also authorize staff to immediately issue an RFP to solicit an insurance professional broker so that the County's insurance plan can be reviewed and determine whether the County is getting the rates possible for staff. Steven J. Korahaes, District Manager, Anthem Blue Cross Blue Shield, addressed the Board responsive to Anthem's proposed rate increase noting that the County's total claims cost this year increased by 68%. He advised that Anthem paid out more in claims last year than it received in premiums from the County. Chairman Wright moved that the current plan be renewed; that the issuance of an RFP be authorized for an insurance professional broker to be back on March 15, 2011; and, that the Board conduct a special meeting on March 24, 2011 at 5:00 in the Robert C. Claud, Sr. Board Room to discuss the RFP and take action on the insurance. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark requested County Administrator Caskey to include any appropriate special presentations on the agenda for the above special meeti ng. The Anthem representative was requested to provide a three/four-year claim history for the County. Sheriff Phelps requested permission to fill immediately the Deputy position which became vacant on October 1, 2010 which could have been I 8 filled on January 1, 2011 which he would like authorization to fill immediately with a certified individual. He further advised that the Board authorized him in September 2010 to fill five (5) positions at that time, which he did, but those individuals had to undergo training at the Academy and four (4) will graduate in May of 2011 and one (1) individual had failed out of the of December and he would like to employ an individual to fill the vacancy on March 14, 2011. He advised that another position became vacant on December 31, 2010 which he would like to fill on April 1, 2011 and he would like to increase his part-time staff by one (1) individual due to needed security at the new Courts building. He advised that he is currently utilizing School Resources Officers on a day-by-day basis in order to maintain securit) at the Court facility. Supervisor Casteen moved that the Sheriff be authorized to fill one (1) full-time position immediately; fill two (2) Deputy positions on March 16, 2011 and April 1, 2011; and, increase part-time staff by one (1) due to security at the new Courts facility. The motion was adopted by a vote of (5- 0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request from the Windsor Town Manager responsive to the Town Council's action to request the Board of Supervisors support the Town's endeavor to establish a photo red camera system with the Town of Windsor at the six-way intersection of Route 460, Church Street, Bank Street and Court Street. Chairman Wright requested County Administrator Caskey to find out if the County and the Town of Windsor need to adopt an ordinance. County Administrator Caskey addressed the Board regarding the need for a follow-up meeting with Dr. Michael Chandler of the Board's Strategic Planning Retreat in early to mid-March. Chairman Wright requested County Administrator Caskey to contact Dr. Chandler with respect to available dates to conduct a follow-up meeting. County Administrator Caskey presented for the Board's consideration a Resolution to Oppose Tolls on the James River Bridge. Supervisor Clark moved to support the Patriots Crossing option which does not include tolls on the James River Bridge. The resolution contained in the agenda is to be amended and signed by the Chairman. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson briefed the Board relative to House Bill 2498 which \Noulcl allow the County to be the recipient of surplus property now owned by 19 VDOT on Burdette Road. He recommended that an environmental assessment be conducted prior to taking ownership of the property. Mr. Robertson briefed the Board regarding House Bill 2131 and Senate 13i11 779 which would allow the joint Enterprise Zone currently in Franklin and Southampton County to be expanded to include the County. He advised that both Bills have received unanimous vote at every committee meeting. 1-le advised that the language contained in the Bill states that the joint Enterprise Zone must be contiguous at some point to the Enterprise Zone created in the County. He advised that the language that created the City of Franklin denotes the boundary of Franklin as being at the shoreline, whereas the actual boundary of Southampton County is in the middle of the Blackwater River. He stated that there is a band of Southampton County that completely covers the area that the County wants to touch as it relates to Franklin to create the contiguous Enterprise Zone. He advised that staff has contacted the State regarding a solution and the State's initial recommendation is to continue to proceed with the legislation and staff negotiate a resolution with Franklin and Southampton. County Administrator Caskey relayed the School Board's desire to conduct a Town Hall meeting in conjunction with the Board of Supervisors. Chairman Wright moved that the Board conduct a Town Hall Meeting with the School Board on Tuesday, April 12, 2011 at 6:00 p.m. at the Windsor Elementary School. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and 110 Supervisors voting against the motion. it Chairman Wright called for Appointments. Supervisor Casteen moved that Allan Hanrahan be appointed to replace Herb DeGroft on the Senior Services of Southeastern Virginia. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Kurt G. Frischmann be appointed to serve on the Planning Commission representing the Newport District and replacing Barbara Easter. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that James A. Minton, Jr. be reappointed to serve on the Planning Commission representing the Smithfield District. The motion was adopted by a vote of (3-2) with Supervisors Bunch, Casteen and 20 I fall voting in favor of the motion and Supervisors Wright and Clark voting against the motion. Supervisor Hall moved that James R. Ford be reappointed to serve on the Bicycle & Pedestrian Facilities Committee representing the Hardy District. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that Chicora (Pinky) Hipp be appointed as the third At-Large member on the Redistricting Committee for the 2010 Census. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright moved that Richard J. Holland, Jr. be reappointed to the Industrial Development Authority. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Super\ isor Clark moved that Phillip Bradshaw be appointed to serve on the Southern Development Committee. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark offered a motion that Russell J. Parrish be reappointed to serve on the Historical Architectural Review Committee representing the Newport District; however, no official vote was taken. Chairman Wright moved that Supervisor Casteen be appointed to serve on the Fair Committee, replacing Phillip Bradshaw. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Old Business. Chairman Wright moved that County Administrator Caskey be directed to poll the Towns of Smithfield and Windsor regarding how much water they may have available; to inquire if the Town of Smithfield would be willing to negotiate on return (RO water discharge) with the County and if the Town of Windsor would be willing to negotiate raw water; and, to inquire how much grey water is available at the Franklin and Southampton pumping stations. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 21 Supervisor Clark moved that County Administrator Caskey, through the Director of Emergency Services, be directed to prepare quarterly reports (station by station) to the Board in the Consent Agenda outlining any and all concerns he has with emergency services, i.e., response times, County issues. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that County Administrator Caskey direct his staff below the Director level to redirect any and all Supervisor contacts, requests for information, whether in person, by letter, or over the phone, to his/her Director or the County Administrator for further action. The motion was adopted by a vote of (4-1) with Supervisors Bunch, Clark, Hall and Wright voting in favor of the motion and Supervisors Casteen voting against the motion. Supervisor Bunch moved that County Administrator Caskey and staff be directed to contact the School system and request a presentation at the Board's April 7, 2011 meeting on the success and status of the partnership that was approved by the Board and the School Board last August on the Parks and Recreation Before and After-School Program at the Carrsville Elementary School. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /I Chairman Wright 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.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 Magisterial District; 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 Windsor Magisterial District; under 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.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; under Section 2.2-3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; under Section 2.2-3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to Charter Communications; under 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 Windsor Magisterial District; under Section 2.2-3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to a specific economic development project in the Windsor Magisterial District; and, under Section 2.2-3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to C&P Water. Chairman 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 Bunch, 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 Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman 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: Bunch, Casteen, Clark, Hall and Wright NAYS: 0 23 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 No action was taken following the closed meeting. Supervisor Clark advised that he had spoken with the Attorney for the City of Norfolk and asked if he would be interested in taking to his Board that the Board of Supervisors wishes to renegotiate the water deal, to which he replied no. At 10:25 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Clark, Casteen, Hall and Wright voting in f. • of the motion and no Supervisors voting against the motion. omas J. ti Carey MI Is Storm, Clerk 4 Chairman