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04-07-2011 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF APRIL 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 Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk LuAnn Delosreyes, Deputy Clerk 7/ /7 // Chairman Wright called the meeting to order at 5:00 p.m. Chairman Bunch 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 the Tourism report, add a Resolution to Attain a Nike -Ajax Missile from the U.S. Army for Display at Nike Park; under the County Administrator's report, add a request from Sheriff Phelps for additional funding; under New Business, add an item concerning paperless Board meeting agendas, per Supervisor Bunch; under Special Presentations, move all school funding requests from the County Administrator's section to Item 2 (C), Special Presentation/Isle of Wight County Public Schools' Operating Budget, per Chairman Wright; under New Business, add one (1) item pertaining to the Courthouse water tower and a John Deere positioning device, per Chairman Wright; and, under Old Business, add one (1) item concerning the photo red camera in the Town of Windsor, per Chairman Wright. Supervisor Clark moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with 1 Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /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. Chairman Wright recognized that this is the last meeting Chief Sullivan will attend before he retires and he thanked him for his service to the County. Sheriff Phelps recognized Sgt. Jeffrey Storm and Deputy Paul Nash for achieving the status of Crime Prevention Specialist. David Goodrich, Chairman of the School Board, Isle of Wight County Public Schools, addressed the Board regarding the School's proposed FY2012 Operating Budget, which was adopted by the School Board on March 28, 2011. He advised that two (2) well - attended round -table forums had been conducted at each end of the County to determine priorities within the budget; that an on -line survey had been conducted soliciting priorities within the budget; that a work session had been held to review all information gained from the forums. He advised that the survey revealed the following priorities: Maintaining competitive salaries; protecting job positions; continuing to maintain school facilities with emphasis placed on the maintenance of school facilities and grounds; and, to improve transportation efforts. He stated a public hearing had been conducted and the budget, in the amount of $59,436,371, was adopted by the School Board following an additional work session on March 28, 2011, which represents an increase of $798,842 over last year's budget due to an increase in VRS rates, fuel prices and a 1.5% employment compensation. He advised that the loss of $1.2 million in Federal Aid which was responsible for supporting seventeen (17) instructional positions resulted in the shifting of those positions from Federal funds to local. He advised that the proposed budget does not include any new initiatives, but does address the basic requirements of the Virginia Standards of Quality. Phillip A. Bradshaw, Chief Financial Officer, Isle of Wight County Public Schools, addressed the Board regarding the school 2 system's need for an additional $1.6 million in local dollars in order to maintain the cur el of education provided in the County. Q\ Qj A Rober - Ealy . ddressed the Board regarding the inclusion of positions at ' ere submitted by the School Superintendent in the original bu. get. He stated the reason behind the positive trends is the school instructional staff in place today and elimination of those positions in the upcoming year will place strain on the already pressured existing instruction staff. He advised that health care for school staff increased by 25% last year, but their salaries did not and it is hoped that a 1.5% increase will help until the economy rebounds from the economic downturn. Dr. George Bradby, School Board representative for the Newport District, provided justification for the increases in the areas of administration, attendance and health. He requested the Board to suppose the School's proposed FY2012 budget. Chairman Goodrich stated that School Board representative Herb DeGroft was to have briefed the Board on the transportation category; however, he was unable to be present tonight and has submitted a letter in his absence. He advised that there was a 1.3% decrease in the pupil transportation budget rather than an increase, as stated in Mr. DeGroft's letter and that $104,000 has been spent to date on spare parts, instead of the stated $140,000. School Board representative, Hayes Griffin, addressed the Board regarding operations and maintenance issues within school facilities. He requested the Board to keep the maintenance budget in tact as requested. Chairman Goodrich provided justification for items contained in the School's Technology budget with respect to the need for replacement parts for laptops issued to teachers; the need to replace the Ranger closed circuit TV system used for instructional purposes; the upgrade and replacement of certain PA systems critical to the safety and security of the buildings; and, the purchase of virtual host servers. Supervisor Clark recommended that the Schools consider a reduction in health insurance premiums to its employees versus a 1.5% step increase. Chairman Wright moved that County Administrator Caskey be directed to set a meeting with school officials to implement shared services in the areas of payroll, accounts receivable, accounts payable, vehicle maintenance and central purchasing. 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. School Board Member Griffin requested that the Board fund the construction of the Windsor Middle School and appropriate $350,000 of unused carry -over funds from FY 2010 to secure an architect for the pre - design of the school. Michael W. Terry, Director of Budget and Finance, advised that he would prefer that the Board wait to take action on the matter until the audit is complete. Supervisor Clark moved that the request be carried over to the Board's special meeting of April 21, 2011. 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 consideration of a Resolution to Reappropriate the Isle of Wight County Schools Encumbered Funds, Chairman Wright advised that the Resolution contained an incorrect amount and the Board took no action as a result. A Resolution to Appropriate Additional Federal and State Funds to the Isle of Wight County Schools was presented for consideration by the Board. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE ADDITIONAL FEDERAL AND STATE FUNDS TO THE ISLE OF WIGHT COUNTY SCHOOLS WHEREAS, the Isle of Wight County Schools have received federal and state funding in the amount of $1,941,492.78 (one million, nine hundred forty one thousand, four ninety two dollars and seventy eight cents); and, 4 WHEREAS, said funding needs to be appropriated to the School Board's budget for fiscal year 2010 -11. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that funding in the amount of $1,941,492.78 (one million, nine hundred forty one thousand, four ninety two dollars and seventy eight cents) shall be appropriated to the School Board's budget for fiscal year 2011. BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to make the appropriate accounting adjustments in the budget and 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. A Resolution to Transfer Funds within the Isle of Wight County Schools Budget was presented for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted, as amended in the amount of $425,000: RESOLUTION TO TRANSFER FUNDS WITHIN THE ISLE OF WIGHT COUNTY SCHOOLS BUDGET WHEREAS, the Isle of Wight County School Board is requesting that $450,000 (four hundred fifty thousand dollars) be transferred from the Instructional Services Category of its fiscal year 2010 -11 budget to the following categories: Operations and Maintenance $150,000 Pupil Transportation $150,000 Administration, Attendance, Health $125,000; and, WHEREAS, the requests are necessary to cover estimated expenditures over budget due to unexpected maintenance projects and equipment repairs /replacements, higher fuel and vehicle repair costs, and additional administrative costs. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, authorizes 5 the transfer of funds with the School Board's budget for fiscal year 2011. BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to make the appropriate accounting adjustments in the budget and 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. Regarding Qualified School Construction Bonds for the Windsor Middle School, Supervisor Bunch offered, and then withdrew, a motion that the Board approve the building of the Windsor Middle School. Supervisor Casteen commented that he is not confident that now is the time to proceed with building a new school as the demographics have not been updated to illustrate a need at this time. He stated that the County is also still regrouping from the closure of International Paper. Supervisor Bunch commented that the $7.5 million dollar loan is interest free and can not be used for anything except a school. Supervisor Hall stated that while she feels the need for a new Windsor Middle School is warranted, the Board had just been apprised during its budget work session prior to this meeting that in order to balance the County's budget, the Board is going to have to raise the tax rate by $.19. She stated that she could not support adding $7.5 million on top of the newly proposed tax rate increase. Supervisor Bunch commented that there are parents who support a tax increase even though their children will not benefit from the new school being built. He stated that the Town of Windsor just approved a subdivision of 200 homes across the street from the school. He stated growth will occur and a new school is necessary in order to attract businesses into that area to help offset revenue lost from International Paper. 6 Responsive to Supervisor Clark's inquiry if there is any action that needs to be taken by the Board in order to preserve the tax -free loan. County Administrator Caskey advised that staff has already notified the State by the required timeline based on the advice of the County's financial advisors. He advised that Davenport and Company will be present at the Board's May 12, 2011 meeting to advise the Board regarding all financial implications associated with the building of a new Windsor Middle School. Supervisor Hall stated that she would like to know how much it will cost the County over the next several years to build a school. Supervisor Bunch moved to appropriate $350,000 for the engineering design of the Windsor Middle School. The motion was adopted by a vote of (4 -1) with Supervisors Bunch, Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Jaqueline Carr, Principal of Carrsville Elementary School and Mark W. Furlo, Director of Parks and Recreation, briefed the Board on the success of the After - School Program at the Carrsville Elementary School. Jennifer Williams England, Historic Resources Division Manager, provided highlights on the Isle of Wight County Museum since its re- opening. /1 Chairman Wright called for consideration of the Consent Agenda. A. National County Government Month Resolution to Recognize National County Government Month B. City of Norfolk Donation Resolution to Recognize and Thank the City of Norfolk for its Donation to the County 7 1/ C. Shoreline Evolution Report D. Section 8 Appropriation Resolution to Accept and Appropriate $3,000 from the Virginia Housing Development Authority E. Donation of Loan Items to the Isle of Wight County Museum Collection F. Comments on the Proposed Final AOSS Regulations G. Change in Board of Supervisors' 2011 Meeting Schedule Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change its Meeting Schedule Adopted by the Board at its Organizational Meeting of January 6, 2011 H. February 14, 2011 Called Meeting Minutes Supervisor Clark moved that the Consent Agenda be adopted. 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 Regional Reports. Regarding the Hampton Roads Transportation Planning Organization, Supervisor Clark reported that the HRPDC met with regard to the EPA and DEQ Chesapeake Bay Total Maximum Daily Load Watershed regulations that are being formulated. He commented that, implemented as they are, will cost every homeowner in Hampton Roads approximately $1,000 annually for the next 15 -20 years. He advised that negotiations are continuing. He advised that pollution in the Chesapeake Bay is an entire watershed problem. Regarding the Hampton Roads Partnership, Chairman Wright reported that the General for the Joint Force Command had made a presentation. Regarding the Mayors and Chairs Caucus, Chairman Wright reported that a presentation was received regarding off -shore wind turbine sites. He advised that input from the Navy and Coast Guard is being solicited on these structures. Regarding the Smithfield Intergovernmental Relations Committee, Supervisor Casteen reported that information on redistricting was shared and a voluntary boundary adjustment issue was discussed. Regarding the Southeastern Public Service Authority, County Administrator Caskey reported that SPSA staff presented its budget for the coming fiscal year to the SPSA Board of Directors which represents a 13% decrease in order to maintain the existing tipping fee of $145 per ton. He advised that municipal tonnages are decreasing. He advised that the SPSA Board of Directors will be conducting a public hearing on its budget at its meeting in May. Regarding the Southside Mayors and Chairs, Chairman Wright reported that wind turbines were discussed at the most recent meeting. Regarding the Western Tidewater Regional Jail Authority, Supervisor Hall reported that the Authority had accepted the resignation of the Jail Superintendent and the Assistant Superintendent was hired to fill in as the Interim Jail Superintendent. Regarding the Windsor Intergovernmental Relations Committee, Chairman Wright reported that high -speed rail and transportation in the Town of Windsor was discussed. // /1 Chairman Wright declared a recess until 7:00 p.m. Chairman Wright called for a public hearing on the following: A. Virginia Department of Transportation FY2012 -2017 Six - Year Secondary Improvement Program /Proposed Priorities for Paved and Unpaved Roads 9 Eddie P. Wrightson, Director of General Services, introduced the Plan and requested the Board's consideration of the Resolution selecting the priorities. Chairman Wright called for persons to speak in favor of or in opposition to the Six -Year Improvement Program. No one appeared and spoke. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the following Resolution be adopted and the County Administrator authorized to sign the SSYIP funding allocation sheet: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY REGARDING SELECTION OF PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SIX - YEAR SECONDARY IMPROVEMENT PLAN FOR FY 2012 THROUGH FY 2017 WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation in developing a Secondary Six -Year Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of this Plan, in accordance with the Virginia Department of Transportation policies and procedures, and held a public hearing on the proposed Plan (2012 through 2017) as well as the Construction Priority List (2012/17) on April 7, 2011 after due notice was given so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, Bryant Porter, Program Manager, Virginia Department of Transportation, appeared before the Board and recommended approval of the Six -Year Plan for Secondary Road (2012 through 2017) and the Construction Priority List (2012/17) for Isle Of Wight County. 10 NOW, THEREFORE, BE IT RESOLVED that since said Plan appears to be in the best interests of the Secondary Road System in Isle Of Wight County and of the citizens residing on the Secondary System, said Secondary Six -Year Plan (2012 through 2017) and Construction Priority List (2012/17) are hereby approved as presented at the public hearing. 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 a public hearing on the following: B. Renewal of the Knoxville Agricultural District Sandy W. Robertson, Planner, Department of Community Development, advised that the Knoxville District was originally created in 1983 and is considered for renewal every ten (10) years. She advised that the District currently consists of 74 parcels and 3,900 acres and that the Agricultural Forestal Committee and the Planning Commission recommend approval of the renewal for a ten (10) year period. She advised that two (2) additional requests have been received, tax map 52012 and parcel 60015, making the request before the Board a total of 4,122 acres of land and 76 parcels. Chairman Wright called for persons to speak in favor of or in opposition to the proposed renewal. No one appeared and spoke. Supervisor Clark moved that the District be renewed for a period of ten (10) years with the addition of parcels 52 -01 -028 and 60- 01 -005 for a total of 4,122 acres. 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 a public hearing on the following: C. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14. Sewers and Sewage Disposal. Section 14 -45. Payment of Connection and Tap Charges Interim County Attorney Burton advised that the proposed Ordinance has been properly advertised for public hearing tonight. Chairman Wright called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance amendment be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 14. SEWERS AND SEWAGE DISPOSAL. SECTION 14 -45. PAYMENT OF CONNECTION AND TAP CHARGES. WHEREAS, on June 17, 2010 the Isle of Wight County Board of Supervisors adopted revisions to the Sewers and Sewage Disposal provisions of the Isle of Wight County Code in order to update the Code; and WHEREAS, after careful review of the provisions adopted by the Board of Supervisors, staff has recommended a modification to the revised sewer ordinance in order to update the fee structure. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14 -45. Payment of Connection and Tap Charges is hereby amended and reenacted as follows: Sec. 14-45. Payment of connection and tap charges. The connection and tap fees imposed by Article III of this chapter shall be payable upon application for permit to make a connection and shall be based upon a per building or per dwelling unit basis. Sewer rental charges applicable to the property shall begin to accrue as of the date of connection. Sewer rental charges shall be as follows: 12 BI-MONTHLY RATES: Residential (Flat fee plus per 1,000 gallons of water usage) Per 1,000 gallon metered usage: 0 — 6,000 gallons (flat fee) 6,001 — 15,000 gallons Commercial: (Flat fee per schedule plus per 1,000 gallons of water usage) Hotels & Motels Restaurants Shopping Centers Industrial Facility Unmetered Water Service Per 1,000 gallon metered usage: 6,001 — 12,000 gallons Over 12,000 gallons Directly connected to HRSD Others than those directly or indirectly connected to HRSD CHARGES: $34.00 $4.00/1,000 gallons $29.00 $60.00 $60.00 $60.00 $52.00 $3.00 $4.20 One half (1/2) bi-monthly rate $18.00 plus $3.00 per 1000 gallons of water used in excess of 6000 gallons (1-16-97; 5-27-10; 6-17-10.) BE IT FURTHER ORDAINED, by the Isle of Wight County Board of Supervisors that said revisions to Section 14-45 of the Isle of Wight County Code shall become effective on April 15, 2011. 13 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 a public hearing on the following: D. Five (5) Member or Seven (7) Member Election District Plan Interim County Attorney Burton advised that while the Plan is not legally required to be advertised, staff has done so in an effort to notify the public about this important matter. Christopher R. Nolen, McGuireWoods, LLC, advised that every ten (10) years the Code of Virginia requires that localities go through the process of redistricting. He advised that the most recent census numbers are used to account for population growth or decrease and district lines are adjusted accordingly. He advised an overriding concern is ensuring that everyone's vote counts equally. He stated that the Redistricting Committee was tasked with ensuring that these districts have approximately equal population, while adhering to State and Federal requirements. He stated that the Federal Voting Rights Act, enacted in 1965 and amended, says that the government can not discriminate on the basis of race in the conduct of an election. He advised that Section IV of the Federal Voting Rights Act requires that certain states either file in court or with the Department of Justice a Section IV preclearance submission, which requires that before any change is made that impacts voting, the Federal Government must first approve it in order to ensure that the change does not create retrogression. He stated that the Redistricting Committee has drawn the best five (5) and seven (7) member district plan it could for submission to the Board. He advised that once the Board adopts a plan, an ordinance is drafted and a submission developed and submitted to the Department of Justice explaining the change and its impact on the minority community. He stated that the Department of Justice will conduct an investigation and make a determination within a sixty (60) day period. He stated elections being held in the first year after the census is conducted creates a tight timeframe and the Board must act soon in order for the ordinance to take effect, for the submission to be prepared and submitted by the end of the month. He advised the State Board of Elections has encouraged all localities to get their submissions prior to April 29, 2011. He stated a copy of the map, description of each district and the change and the rationale for how the districts changed, to include demographic information about 14 each district will be submitted to the Department of Justice for consideration. He advised if a seven (7) member district plan is selected, the submission will then explain why the Board chose to move from a five (5) to a seven (7) member district and any perceived impact that may have on a minority community. Chairman Wright called for persons to speak in favor of or in opposition to the Plans. Joe Joyner, 31334 Walters Highway, stated adopting a seven (7) member district plan will add 40% to the cost of running the government and with budgets as tight as they are, he can not justify the added cost. He stated that if he does believe that a seven (7) member district plan would provide better representation. Michael Petty, President, Gatling Pointe Homeowners' Association, advised that he received 27 responses to an email he sent out with 100% in favor of a seven (7) district plan because it offers a better concentration of communities of interest. He stated that he wants the County to maintain a rural majority on the Board, which will be hard to accomplish with a five (5) member district plan. He stated the seven (7) member district plan offers a better percentage of majorities than the five (5) member district plan. Willy Springland of Camptown advised that he has not met his Supervisor yet and how can he help someone represent him when he does not know who he is. He stated the Board must make the right decision to move forward even if it means the County is divided into seven (7) districts. He encouraged the Board to delay its decision until the economy is on a rebound. Otto Williams, Hardy District, stated that he has reviewed the Redistricting Guidelines with respect to the Voting Rights Act and he believes that the County is in compliance with the intent of the Act under the current structure of a five (5) member district plan because it affords blacks to the opportunity for a 20% representation, but the proposed seven (7) member district plan affords blacks only 14% participation in the political decision process. He stated that the seven (7) member district plan will result in a political movement backwards for black individuals. He stated he is in favor of the County remaining a five (5) member district for economic reasons. Rudolph Jefferson, 507 Vellines Lane, Vice - President of the Isle of Wight Branch of the NAACP, spoke in favor of a five (5) member district plan, but that the percentage needs to be increased from 50.1 to at least 53% to assure the potential for a minority representative in the Hardy District. He stated that citizens must be assured that the County is not regressing in the representation of minorities and the voting power can not be diluted of the minorities. He stated that a five (5) member district will not impact the current budget but will allow representatives to address business in a timely manner. Albert Burckard, Titus Point, requested the Board to vote unanimously for whichever plan it votes for tonight as doing so will go a long way with the Department of Justice. He stated he favors a five (5) member district plan because the County has had five (5) districts for the last 40 years and it will not impact the budget. He stated that if the Board chooses to adopt a seven (7) member district plan, he would suggest that the Board take the pay that it receives as compensation as Board members and divide it by seven (7). He stated do the same with the School Board members and the members of the Planning Commission. He stated if the Board adopts a seven (7) member district plan, Jones Creek should be called the Carrollton District. Robbie Younger, Hardy District, spoke in favor of a seven (7) member district plan stating it offers better representation. She stated it also represents a more aggressive and futuristic way to be. She stated that the County is increasing in population and becoming more multi - cultural. Bill Kessler, Newport District, presented a petition containing 29 names in favor of a seven (7) member district that enhances four (4) of the current five (5) districts in the minority vote. He stated that the newly created district has 25% minority voting and creates two (2) additional places to vote. He stated a seven (7) member district plan will allow for supervisors to be more accessible to a community's needs. He stated the cost for new supervisors will be offset by some better decision making on land purchases and other types of deals. Florin Moore, 309 South Church Street, speaking as a citizen and not as a member of the Redistricting Committee, presented petitions signed by 289 citizens requesting the Board to approve the seven (7) member district plan which offers a majority, minority district with a concentration of 55.4% as opposed to 52.6% in the five 16 (5) member district plan. She stated that the four (4) communities of interest give correct proportional representation to rural agricultural areas of the County. She stated there is more compactness in the seven (7) member district plan in each district, which is another requirement not satisfied in the five (5) district plan. She stated that all County citizens will have equal representation on governing bodies with the seven (7) district member plan and that the work of the Board will be more efficient, have more diversity in Committee membership with broader exchange of ideas and better communications with constituents. She stated that the seven (7) member district plan is better because the citizens want it and it is the Board's job to do what is in the best interest of the County. She asked that the petitions be included in the County's submission to the Department of Justice. Pat Clark of Twin Hill Lane in Carrollton requested the Board to adopt a redistricting plan that will ensure at least one (1) minority citizen will be elected to serve on the Board of Supervisors and be at least one (1) district with a 52 -55% minority. He stated that a seven (7) member district with one (1) 55% minority district provides a favorable environment for a minority to be elected; however, a one (1) in seven (7) would represent just 14% of the vote on Board, which represents retrogression and the minority influence on the decisions made by the Board on County business. He stated that adjusting the five (5) district member plan to a 52 -55% majority would provide a 20% minority representation on the Board. He stated that the voting precincts should also be located closer to the areas with a large number of the older handicapped minority voters. He stated that the five (5) member district plan does not represent retrogression and will be received more favorably by the Department of Justice. Pete Green of Mill Swamp Road spoke in favor of a five (5) member district plan. Reverend Watson of Camptown spoken in favor of a five (5) member district plan. Delores D. D. Darden of 116249 Bowling Green Road spoke in favor of a seven (7) member district plan, which is in keeping with the adopted guidelines, which keeps neighbors, communities and people with similar interests together, provides for better representation and is the best plan for future growth. She stated in the five (5) member district plan, four (4) of the five (5) Board members could be elected 17 north of Route 10, leaving a single supervisor in the Carrsville District to represent the rural nature of the County. Vincent Corolla, Chairman of the Chamber of Commerce, spoke in favor of a seven (7) member district plan because it offers better representation for the citizens. Mark Hall, 7432 Bartons Landing, spoke in favor of the seven (7) member district plan which will result in better government. He stated the Board's task is to put forth the plan that is best for County representation and, if it creates better government, it will be worth the additional cost. Norma Leonard of 209 Washington Street spoke in favor of a seven (7) member district plan. She advised that a petition is being circulated in favor of the seven (7) member district map submitted by the Redistricting Committee in which the Hardy District, the majority, minority district, has a 55.6% minority concentration as opposed to 52.6% in the five (5) member district. She stated that the Windsor, Carrsville and Courthouse Districts will provide proportional representation to the rural agricultural agent which is shortchanged under the five (5) district plan and the Smithfield, Newport and Jones Creek districts will represent the town suburban community. She stated that the concentration of communities of interest is more representative of apparent diversity in the County. She asked that the petitions be included in the submission to the Department of Justice. She stated that the County is diverse now and at the end of the 2010 census, the Hardy District had a 48% minority and lost more minorities than it gained. She stated that the seven (7) member district plan offers better than 21% minority and the chances of the growth factor in the Hardy District of being high enough to maintain a 55% is questionable even by today's standards. Frank Hall of Smithfield asked what the County is going to look like in ten (10) years and whether or not the five (5) member district plan will be good ten (10) years from now. He stated Smithfield residents will be voting in four (4) different precincts? He stated we are all talking about equal representation and communities of common interest. He stated there is a local attorney in the County who has handled all past redistricting plans of the County and submitted them all without a problem. He stated the County needs to present a package that addresses all the positives of a seven (7) member district. 18 James B. Brown, Jr., 724 West Main Street, spoke in favor of a five (5) member district because it ensures more minority participation and a five (5) member district with a 54% minority population would ensure a better chance of a minority being elected on the Board of Supervisors. He stated that a minority majority population greater than 53% of qualified voters is important because of population demographics. He stated that there is a disproportionate amount of minority in the County who are convicted felons which reduces the number of qualified voters in the minority population. He stated the five (5) member district ensures 20% minority participation and the seven (7) member district allows only 14% minority participation while increasing the County's budget. Dottie Harris of 5056 Old Stage Highway advised that the NAACP advocates the five (5) member district plan because the seven (7) member district plan will tend to regress the black vote in the County. She expressed support of remaining with the five (5) member district plan, but increasing the ratio to 53 %. Rick Bodson of 115 Commodore Lane, speaking as a private citizen and not as a member of the Redistricting Committee, spoke in favor of a seven (7) district plan. He stated that Section II of the Voting Rights Act prohibits a plan that abridges the right to vote based on race, color or language minority groups and it requires a showing of discriminatory effect. He stated that under a seven (7) member district plan in a county with a 24% minority population, one (1) in seven (7), the Hardy District has 55% minority voting age representation and four (4) of the seven (7) districts, Hardy, Windsor, Carrsville and Courthouse, are at 21 -25% voting age minority population. He stated that Section II also puts the burden on the plaintiff to bring suit and to prove a claim of intent and effect. He stated that retrogression seems to be the hurdle everyone is concerned about, but the majority in Hardy and the significant voting block in four (4) of the seven (7) districts appears to represent a lack of regression that seems defensible. Sharon Hart of the Newport District stated that while the seven (7) member district plan seems popular, it would have the effect of moving the political power to the northern end of the County and isolating the rural sections, practically wiping out the Newport District and reducing the power of the minority vote to 14 %. She stated in a five (5) member district plan, each supervisor vote counts 19 as one (1) out of five (5) votes for 1/5 of the total vote representing 20% of the total vote and, in fact, with five (5) districts the minority majority district would often be the swing vote on issues. She stated that going with a seven (7) member plan would give each district only one (1) vote out of (7) votes or 1/7 of the total votes for a total of only 14 %, for a dilution of the total voting power in the majority, minority district vote. Thomas Finderson of the Newport District stated that counties with a seven (7) member district plan typically consist of either large areas or a large population. He stated that he does not support a 52.6% five (5) member district plan, but does support a 54% plan. He stated there is the possibly of adding a west Smithfield precinct where church buses can take Jersey Park residents and other low - income residents to the polls. He stated that communities of interest and better government arguments do not trump the Civil Rights Act. He recommended that the Board support a five (5) district plan. Ross Younger of the Hardy District stated that the only reason he voted for Ms. Hall instead of Mr. Brown was that Mr. Brown had done some things that he did not agree with. He stated that what is important is that a voter agrees with what his Supervisor stands for and what is best for the County. Ben Rideout, Carrsville District, Chairman of the Southern Development Committee and a member of the Commission on Aging, stated that he has spoken with members of the Carrsville Ruritan Club and Zuni Ruritan Club, as well as members of the Commission on Aging and the Camptown residents who all support a five (5) district plan because of its equal representation. Chicora Hipp of the Newport District spoke in favor of the seven (7) member district plan. She stated that the Redistricting Committee followed its adopted guidelines, but the five (5) member district plan is not compact and does not satisfactorily preserve communities of interest. She stated that there is a good chance that by the time Supervisor Hall is ready for reelection, the Hardy District will no longer be a minority district and she feels that the seven (7) member district in the long run will protect at least one (1) minority person getting elected longer than in the five (5) member district. Ed Easter, 12224 Hideaway Lane, spoke in favor of a five (5) member district plan. He stated that the community of interest does 20 not exist in the Courthouse District and that district could isolate Windsor and Carrsville because the County could end up with five (5) members on the Board from the northern end of the County. He stated that the County has been operating very efficiently with its current five (5) member district. He stated that he does not want his voting power in the Newport District diminished just because one (1) area of the County thinks it is being mistreated. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark moved that the resolution from the Smithfield Town Council, any emails and petitions be included in the record. 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 the Board approve a five (5) member district plan and work on it until it is brought up to 54 %. The motion was adopted by a vote of (3 -2) with Supervisors Bunch, Clark and Wright voting in favor of the motion and Supervisors Casteen and Hall voting against the motion. Supervisor Hall stated it is not her intention to discriminate against any minority group and she believes that a seven (7) member district is the right thing to do. Supervisor Casteen stated that communities of interest have merit and he believes that seven (7) districts will have better balance with three (3) rural districts and three (3) more urban districts than with five (5) districts. He stated that a seven (7) member district plan contains a higher percentage and will more likely maintain a 50% majority for a longer period of time. Supervisor Clark moved that a five (5) election district plan be approved and that the Board continue to work on the plan in order to achieve a 54% minority population in the Hardy District. The motion was adopted by a vote of (3 -2) with Supervisors Bunch, Clark and Wright voting in favor of the motion and Supervisors Casteen and Hall voting against the motion. // 21 // Supervisor Casteen moved that the Board revert back to the regular order of 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. 7/ Chairman Wright declared a break. Chairman Wright called for Transportation Matters. Mr. Wrightson presented a Resolution Authorizing Isle of Wight County to Apply for Revenue Sharing Funds through the Virginia Department of Transportation for Fiscal Year 2011 -12 for the Board's consideration. He advised that staff was authorized in November of 2011 to send a letter to VDOT communicating the County's intent to apply for these funds. Supervisor Bunch moved that the following Resolution be adopted: RESOLUTION AUTHORIZING ISLE OF WIGHT COUNTY TO APPLY FOR REVENUE SHARING FUNDS THROUGH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2011 -12 WHEREAS, the County of Isle of Wight Board of Supervisors desires to submit an application for an allocation of funds of up to one million dollars ($1,000,000) through the Virginia Department of Transportation Fiscal Year 2011 -12 Revenue Sharing Program; and WHEREAS, up to one million dollars ($1,000,000) of these funds are requested to fund intersection improvements at Benns Church Boulevard /Route 10/32 and Brewers Neck Boulevard /Route 32/258. NOW, THEREFORE, BE IT RESOLVED THAT the Isle of Wight County Board of Supervisors hereby supports this application for an allocation of up to one million dollars ($1,000,000.00) through the Virginia Department of Transportation Revenue Sharing Program. 22 BE IT FURTHER RESOLVED THAT the Isle of Wight County Board of Supervisors hereby grants authority for the County Administrator to execute project administration agreements for any approved revenue sharing projects. 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 Mr. Wrightson to contact Mr. Lomax regarding the painting of white lines along the shoulders of Reynolds Drive to better define the roadway. /1 Chairman Wright called for Citizens Comments. Joe Joyner of Walters Highway commented on the noise emitted from motor vehicles due to the type of aggregate VDOT is using to repave roads. He further commented that grants are windfalls; however, they are put back in the budget because we can not do without what they are used for. He thanked the Board for its past support on the recent issue regarding the Navy's desire to utilize the Franklin Airport. He further advised the Board that there are seven (7) pieces of property in the Airport safety zone that the City of Franklin plans to condemn if the property owners do not agree to sell so that the City can get future grants. He recommended that the County fund the building of a new Windsor Middle School. Laura Fletcher requested that $35,000 be funded in the School Board budget to address the needs of the Smithfield High School Band. Rudolph Jefferson, Assistant Fire Chief, Rushmere Volunteer Fire Department, brought to the Board's attention that his previous request to prevent snakes from entering the bay area and fix the Rushmere Volunteer Fire Department roof has not yet been addressed by the County. He advised that no answer has been relayed as to why the Rushmere Volunteer Fire Department renovation project has been delayed; no answer relayed as to the status of the contingency funds established in previous years for recreation in the Hardy District, no answer relayed to provide a more cost efficient heating system in the bay area; and, replacement of the 20 -year old air conditioning unit. 23 Supervisor Clark advised Mr. Jefferson that the Board would further discuss his concerns later in the meeting under the Old Business section of the agenda. Jeremiah Jefferson, President, Rushmere Volunteer Fire Department, requested that the Board fund that Department's projects in the upcoming fiscal year. 1/ Supervisor Hall indicated a desire to look into the feasibility of paperless agendas. Chairman Wright commented that this was a matter for discussion under New Business later in the agenda. 1/ Chairman Wright called for Board comments. Chairman Wright called for the County Attorney's report. Interim County Attorney Burton requested authorization to advertise for public hearing An Ordinance to Amend and Reenact the Isle of Wight County Code Chapter 7. Fire Protection. Article III. Fire Prevention. Section 7 -6. Fire Code Adoption. Section 7 -9. Enforcement of Fire Code. And Section 7 -11. Fire Code Appeals Board at the Board's May 12, 2011 meeting due to a change in the Board's May 9, 2011 meeting to May 12, 2011. Chairman Wright moved that the County Attorney's office be authorized to advertise the ordinance amendment for public hearing at the Board's May 12, 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 for the Carolina Cold Storage Limited Partnership in the amount of $3,308.24. He stated the Commissioner of the Revenue has approved the amount and he requested the Board's permission to issue the refund as the amount is over $2,500. 24 Supervisor Clark moved that Interim County Attorney Burton be authorized to sign the request approving the refund. 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 an agreement for the Bean's Grant Development for the Board's consideration which he recommends that the County Administrator to execute the Agreement on behalf of the Board. Supervisor Clark moved that the County Administrator 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 authorization to advertise for public hearing the General Obligation Bond issue at the Board's May 12, 2011 meeting. Supervisor Clark moved that the County Attorney's office be authorized to advertise the bond issue for public hearing at the Board's May 12, 2011 meeting. The motion was adopted by a vote of (4 -1) with Supervisors Bunch, Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. /1 Chairman Wright called for the Community Development report. Richard Rudnicki, Planning and Zoning, addressed the issue of the development of a nature trail behind the Isle of Wight County Courthouse complex and the restoration of a quail habitat in the field adjoining the trail. Supervisor Clark moved that County staff be authorized to proceed with the implementation of the Courthouse Millpond Nature Trail and Quail Restoration 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. 25 1/ Chairman Wright called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, requested authorization to hire two (2) site supervisors, seven (7) counselors, five (5) junior counselors and two (2) bus drivers for the Summer Blast Program offered by the Parks and Recreation Department during the summer. Supervisor Clark moved that the Director of Parks and Recreation be authorized to advertise and hire two (2) site supervisors, seven (7) counselors, five (5) junior counselors and two (2) bus drivers for the Parks and Recreation Summer Blast Program. 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. 1 / Chairman Wright called for the General Services report. Bruce Bruchey, Powell Management Associates, advised that he has received a request from the Sheriff requesting certain changes to the renovations being done in that building. He advised that the Juvenile and Domestic Relations Court has also requested certain changes within their facilities in the Young -Laine Courts Building which amount to approximately $2,000 of additional services. Supervisor Casteen advised that he has reviewed both requests and the Sheriff's change has been resolved. He stated that he believes that it would be prudent for staff to discuss the request with the Juvenile and Domestic Relations employees to determine if it can be resolved with what they currently have. Supervisor Casteen moved, but withdrew his motion, that staff be directed to further investigate and educate the employees in the Juvenile and Domestic Relations Court about that room is intended to be utilized according to the original plans and as documented by Mr. Bruchey in the minutes to see if it can be resolved with what they have. Supervisor Clark moved that the requests be returned to the Board at its May 12, 2011 meeting. In the meantime, staff is to attempt 26 to resolve the matter. 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. Frank Haltom, Assistant Director of General Services, briefed the Board on the status of the Camptown water project. He advised that the County is currently operating under a draft permit, which is set to expire in October of 2012. He requested authorization to proceed with the new permit and put the project on hold until staff can work out the new issues with the Department of Environmental Quality. /1 Chairman Wright moved that the following be approved: Authorize the development of a new groundwater withdrawal permit application Suspend engineering work on the R/O Plant design while the new permit application is being assessed Utilize a portion of the remaining R/O design funds for the new permit application process. 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 Economic Development report. County Administrator Caskey, on behalf of the Director of Economic Development who was unexpectedly called out of tow, requested the Board's consideration of a Resolution to Proclaim May 2 -6, 2011 Business Appreciation Week. Supervisor Hall moved that the following Resolution be adopted: RESOLUTION TO PROCLAIM MAY 2 -6, 2011 BUSINESS APPRECIATION WEEK 27 WHEREAS, Governor Robert F. McDonnell has recognized May 2 -6, 2011 as BUSINESS APPRECIATION WEEK in the COMMONWEALTH OF VIRGINIA, and called this observance to the attention of all citizens; and, WHEREAS, businesses in the County of Isle of Wight play a pivotal role in strengthening our community by embracing job creation, innovative technologies, and employing a diverse workforce to preserve the economic well -being of all our citizens; and WHEREAS, the County of Isle of Wight is pleased to recognize the accomplishments of our entrepreneurs, especially our many small and existing businesses that contribute greatly to the economic recovery of our community; and WHEREAS, Business Appreciation Week increases public awareness of the valuable contributions that businesses make throughout our community; and WHEREAS, the theme for Business Appreciation Week 2011 is "Entrepreneurship and Innovation for a Sustainable Future ", and this focus enables us to celebrate the many ways in which entrepreneurs positively impact state and local government, major industries, as well as the lives of individuals in communities throughout Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of May 2 -6, 2011 be designated as Business Appreciation Week. 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. /1 Chairman Wright called for the Tourism report. Judy H. Winslow, Director of Tourism, formally introduced Reverend Harrison who addressed the issue of adding oversight and funding of Schoolhouse Museum staff to the Isle of Wight County Historic Resources Division. 28 Chairman Wright moved that the Joint Tourism Committee be requested to review the request to add $25,000 to the FY2012 Historic Resources budget to fund the part -time Director/Docent position at the Schoolhouse Museum and to provide the Board of Supervisors a recommendation by the Board's May 12, 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. Jennifer Williams England, Historic Resources Manager presented a Resolution to Attain a Nike -Ajax Missile from the U.S. Army for Display at Nike Park for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted and staff authorized to submit a qualification checklist, including the adopted Resolution, for donations of combat material to the Army and pursue estimates for display installation: RESOLUTION TO ATTAIN A NIKE -AJAX MISSILE FROM THE U.S. ARMY FOR DISPLAY AT NIKE PARK WHEREAS, Isle of Wight County has a rich Cold War history interpreted through Nike Park; and, WHEREAS, Isle of Wight County's Carrollton Nike Missile Battery, one of eight bases in the Norfolk Defense Area, was operational from 1954 to 1961; and WHEREAS, Nike -Ajax Missile Battery is now home to the Isle of Wight County Parks and Recreation Department. Many buildings still stand including the barracks, mess hall, administration and recreation building and officer /non- commissioned officer family housing. Also visible are the fueling area and concrete slabs that mark the location of the underground missile magazines. The park, over 100 acres in size, currently offers different recreational activities such as softball and soccer fields, tennis courts, picnic areas, nature and mountain bike trails, skate park, playgrounds, senior center and a recreation hall; and WHEREAS, Isle of Wight County is interested in attaining a Nike -Ajax missile for the purposes of display and interpretation at Nike Park; and, 29 WHEREAS, the U.S. Army has a program through which municipalities may obtain donations of combat material for the purposes of static display; and WHEREAS, the U.S. Army has acknowledged that a Nike missile is available; and WHEREAS, Isle of Wight County will assume all responsibility for all release, demilitarization, display site preparation, transportation costs through a commercial carrier, upkeep and safety of this loaned display item; and, NOW, THEREFORE, BE IT SAID AND HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Isle of Wight County will pursue the attainment of a Nike -Ajax missile for the citizens of Isle of Wight. 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. /1 Chairman Wright called for the County Administrator's report. County Administrator Caskey presented a Resolution to Designate April 10 -16, 2011 as Volunteer Recognition Week for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO DESIGNATE APRIL 10 —16, 2011 AS VOLUNTEER RECOGNITION WEEK WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, 30 WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing challenges and fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers serving the County of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 10 — 16, 2011 be designated as Volunteer Recognition Week. 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, presented the issue of the Health and Dental insurance proposals and formally introduced Brian Obal, Wells Fargo Insurance Services, who advised the Board that negotiations were successful in extending the medical offering with Anthem Blue Cross Blue Shield that the County is currently under contract with no disruption to the employees and the new start date of June 1, 2011 with a 13 month contract that would extend to July 1, 2012. He further advised that it also comes with a reduction of 1.5% on both the HMO and PPO programs and would require no termination of the County's existing agreement. He advised that the combined plans offer a savings of $31,293 to the County. He advised that Anthem Blue Cross Blue Shield lowered the cost for the dental plan for an additional savings of $2,402 for the existing plan with no change in benefits and /or networks with a two (2) year rate guarantee with a buy -up option so that employees will have a choice in plans. He stated that the short -term recommendation is to stay with Anthem Blue Cross Blue Shield with the same plan design as in place today with a new start date of June 1, 2011 with a savings of $31,293 and continue the relationship with Anthem dental offering a duel option whereas the contribution from the County on the base plan which represents a savings of $2,402, both of which will start on the June 1, 2011 effective date. Supervisor Casteen moved that the short -term strategy 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. Mr. Obal stated that the long -term strategy is to develop a five (5) year strategy, incorporating an analysis, contribution strategies, bench marks from other localities, employee communications to incorporate wellness initiatives. He stated with this strategy, the next step would be considering a long -term approach by hiring a benefits consultant that would partner with the Department of Human Resources and Budget and Finance Department to help implement the long -term strategies. Supervisor Clark moved that the long -term plan 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. County Administrator Caskey presented a Resolution Supporting the Adoption of a Code of Performance, as developed by Dr. Chandler, for the Board's consideration. Supervisor Casteen noted his disagreement with certain aspects of the Resolution. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION SUPPORTING THE ADOPTION OF A CODE OF PERFORMANCE WHEREAS, the Isle of Wight County Board of Supervisors believes it important to conduct itself in a manner that exemplifies the true meaning of public service as originally contemplated by the Founding Fathers; and WHEREAS, in an effort to bring a professional and civil approach to conducting the public's business, the Isle of Wight 32 County Board of Supervisors has deemed it appropriate to adopt a Code of Performance. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the following Code of Performance is hereby adopted: Isle of Wight County Board of Supervisors Code of Performance Recognizing that persons holding a position of public trust are under constant observation, and recognizing that maintaining the integrity and dignity of the public office is essential for securing a high level of public confidence in our institutions of government, each member of the Isle of Wight County Board of Supervisors pledges to adhere to the following performance standards: 1. Attend all regularly scheduled and called meetings as well as committee meetings relevant to your office. 2. Make a conscientious effort to be prepared for each meeting relevant to your office. 3. Maintain an attitude of courtesy toward colleagues, county staff and citizens during meetings, discussions and deliberations. 4. Be tolerant. Allow colleagues, county staff, as well as citizens, sufficient opportunity to present their views and perspectives. 5. Be respectful and attentive. Avoid comments, body language or distracting behavior that conveys a message of disrespect or lack of interest. 6. Avoid the use of abusive, intimidating or threatening language or gestures directed at your colleagues, the county staff or citizens. 7. Create a positive atmosphere during public meetings wherein citizens and county staff feel welcome and comfortable as participants and /or observers. 8. Respect, honor and adhere to all local, state and federal laws affecting your elected office. 9. Respect the principles inherent with closed Board sessions by not discussing or sharing what was discussed in such sessions with anyone. 10. Supervisors should respect the position and authority of county administration and limit requests for information to department heads directly responsible for such information. 11. Discharge the duties and responsibilities of your office in an impartial manner without fear or prejudice toward any person or group. 12. The witnessed behavior of the Board of Supervisors in honoring this Code of Performance will be evaluated on an annual basis. The commitment of the Isle of Wight County Board of Supervisors to honor the principles witnessed in the Code of Performance is affirmed by the Board's adoption of the Code on April 7, 2011 in public session and the signatures affixed to this document: The motion was adopted by a vote of (4 -1) with Supervisors Bunch, Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. County Administrator Caskey presented the County's Strategic Plan 2010 -2011 for the Board's consideration, representing a compilation of the work of Dr. Chandler. Chairman Wright moved that the Plan be adopted. 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 represented a request by the Virginia Cooperative Extension for a 4 -H Agent for the Board's consideration. He advised that the State has located funding for which a 4 -H agent could be retained and returned to the County on a shared basis with 1/3 funded by the County, 1/3 funded by 34 Southampton County and 1/3 funded by the State with the agent being shared 50/50 between the County and Southampton County. Supervisor Casteen moved that the County Administrator be authorized to proceed. 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. Gerald H. Gwaltney, requested authorization to move forward with filling a position that has become vacant, effective March 31, 2011. Supervisor Casteen moved that the Commissioner of the Revenue be authorized to proceed with filling a position that has become vacant, effective March 31, 2011. 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 represented a request for financial support from the Isle of Wight Branch of Preservation Virginia for the Board's consideration. Supervisor Casteen moved that the request for a financial donation from the County in the amount of $5,000 be considered as part of the budget process. 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. Sheriff Phelps requested for additional funding for the Animal Control Budget in the amount of $5,000 due to an increase in motor fuel costs. He advised the Board that overtime and part -time funds have also been exhausted. Supervisor Casteen moved that the Sheriff's request for funding in the amount of $5,000 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. // Chairman Wright called for Appointments. 35 Supervisor Clark moved that W. Douglas Caskey be reappointed to serve on the Hampton Roads Planning District Commission. The motion was adopted by a vote of (4 -0) with Supervisors Bunch, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Hall absent for the vote. Chairman Wright moved that William Saunders be appointed to serve on the Planning Commission, replacing Bryan Babb. The motion was adopted by a vote of (4 -0) with Supervisors Bunch, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Hall absent for the vote. Supervisor Casteen moved that Stan D. Clark be reappointed to serve on the Hampton Roads Economic Development Alliance. The motion was adopted by a vote of (4 -0) with Supervisors Bunch, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Hall absent for the vote. /1 Chairman Wright called for Old Business. Mr. Wrightson updated the Board on the Rushmere Volunteer Fire Department roof. He advised that it will take an additional 30 days to solicit RFP's for the project, which will cost approximately $75,000. He stated that while he does not have funds in this year's budget to accomplish this, he does have funds proposed in the FY2012 Capital Budget for this project. Supervisor Clark moved that the roof project be authorized and that replacement of the doors be added to the 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. Chairman Wright invited Mr. Jefferson to attend the joint Town Hall meeting between the Board of Supervisors and the School Board on April 12th at 6:00 p.m. at the Windsor Elementary School. 36 Should the concerns addressed by the Rushmere Volunteer Fire Department not be addressed at the joint Town Hall meeting, the Board agreed to hold a similar meeting in the Rushmere community. With respect to the matter of a photo red camera in the Town of Windsor, Mark C. Popovich, Assistant County Attorney advised that he had contacted the Windsor Town Manager and is awaiting a call from the Windsor Chief of Police in order to proceed in the matter. // Chairman Wright called for New Business. Regarding the issue of paperless Board meetings, Supervisor Bunch moved that staff be directed to investigate the possibility of piggy - backing with the School Board with respect to its electronic Board meetings. 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 the matter of the Courthouse water tower, Chairman Wright moved that staff be directed to speak with Robbie Taylor regarding the placement of a John Deere positioning device on the Courthouse water tower. 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. /1 Moving back to the issue of redistricting, Supervisor Clark requested that Mr. Finch create an overlay map over the five (5) member district map adopted by the Board which illustrates 54 %. Chairman Wright declared a break to allow Mr. Finch time to create the overlay map. Upon returning to open session, Chairman Wright moved to extend the meeting time until 11:30 p.m. 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. Finch displayed the five (5) member district plan adopted by the Board and noted in blue are the changes that would bring the 37 Hardy District up to 54% and the School Board member that is currently out of their district back in. He summarized that minor changes are made to the Hardy District, mostly removing majority white census blocks. He stated in the northern part of the County, Smithfield picked up the area that Newport District had encroached upon, resulting in only three (3) districts now touching the Town of Smithfield. He stated there are also several changes along the boarder of the Newport District. Supervisor Hall commented that neighbors across the street from her home are located in the Smithfield District, but, her side of the street is located in the Hardy District. Supervisor Clark commented that minorities have told the Board they want a five (5) district plan which represents 54 %. Mr. Finch offered to create a five (5) district plan which represents 54% by editing the five (5) year plan adopted by the Board. Supervisor Casteen commented that he did not agree with the proposed 54% plan because it is not good for Smithfield. At 11:30 p.m., Supervisor Clark moved that the Board continue its meeting to Monday, April 11, 2011 at 2:00 p.m. in the Board Room for the purpose of conducting a redistricting work 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. Carey Mills Storm, Clerk